HomeMy WebLinkAboutCC Resolution 11894 (Establish Measure S Committee)RESOLUTION NO. 11894
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING THE MEASURE `S'
TRANSACTIONS AND USE TAX COMMITTEE
WHEREAS, at the General Municipal Election held on November 8, 2005, San Rafael voters
approved Chapter 3.19 of the San Rafael Municipal Code, a citywide Transactions and Use Tax,
by passing Measure S with a majority of the votes cast in said election; and
WHEREAS, pursuant to Section 3.19.144 of Chapter 3.19, the City Council must establish a
"city transactions and use tax committee to review the collection and expenditure of tax revenues
collected under the authority of this Chapter" on or before June 30, 2006; and
WHEREAS, pursuant to Section 3.19.144, the City Council has the authority to establish the
terms of the committee members and the specific duties of the Committee; and
WHEREAS, the City Council desires to establish the Measure S Committee and the specific
duties of the Committee;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
hereby establishes the Transactions and Use Tax Committee and establishes the responsibilities
and duties of the Transactions and Use Tax Committee members as specifically delineated in
Exhibit "A", attached hereto and incorporated herein.
FURTHER BE IT RESOLVED, that the Transactions and Use Tax Committee shall
automatically disband no later than six (6) months after the enabling ordinance is repealed, ruled
invalid or terminates under the provisions of the ordinance.
I, JEANNE M. LEONCINI, CLERK of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin
County, California, at a regular meeting, held on the 215` day of February 2006, by the following
vote, to wit:
AYES: Councilmembers: Cohen, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller and Miller
Jeanne M. Leoncini, City Clerk
Measure S Committee Formation Page 1
MEASURE `S' OVERSIGHT ADVISORY CONnUTTEE
GUIDELINES AND POLICY
MISSION
To ensure that all revenues received from the voter approved Transactions and Use Tax (Measure S)
are only spent on permissible uses as outlined in San Rafael Ordinance 1837.
GOVERNING AUTHORITY FOR COMMITTEE FORMATION
Section 3.19.144 of the San Rafael Municipal Code requires the establishment of an Independent
Oversight Committee:
"By no later then June 30, 2006, the City Council shall establish a City Transactions and Use
tax Committee to review the collection and expenditure of tax revenues collected under the authority of
this Chapter. the committee shall consist of at least S members, who shall be residents of the City.
The terms of the Committee members and their specific duties shall be established by resolution of the
City Council. "
ROLES, RESPONSIBILITIES AND DUTIES
A. The responsibilities and duties of the Committee shall be limited to:
The Committee's sole function shall be to review expenditures of Measure S revenues to
ensure the monies have been expended in accordance with the authorized purposes of
Measure S.
2. Understand allowable expenses of Measure S monies (as identified in Section 3.19.080 of
the Municipal Ordinance).
3. Understand municipal revenue collection and distribution from local, state and federal
sources.
4. Review the upcoming fiscal year budget prior to the City Council budget hearings.
(Committee Meeting anticipated in April/May.)
Prepare and submit to the City Council and the community an annual public report on the
expenditures of Measure S tax revenues for the previous fiscal year. (Committee Meeting
anticipated in September/October.)
B. The Measure S Oversight Advisory Committee shall not have any budgetary decision
authority, shall not allocate financial resources, and shall not make budget or service
recommendations to the City Council.
C. The Committee shall have not authority to direct, nor shall it direct, City staff or officials.
EXHIBIT "A"
Measure S Committee Formation
COMMITTEE STRUCTURE:
Page 2
Aunointments
The City Council shall make appointments to the Measure S Oversight Committee consistent
with the established manner of appointing various City Commissions and related committee
members.
The Oversight Committee shall be composed of up to seven (7) members, but no less than five
(5) members.
2. Oualification Standards
Members of the Committee shall be at least 18 years of age and reside within the City limits.
The Oversight Committee may not include any employee or official of the City, or any vendor,
contractor or consultant doing business with the City.
3. Term
Oversight Committee members shall serve for a term of four years. Member's terms are to be
staggered. At the Committee's first meeting, members will draw lots to select three members to
serve a two-year term, the remaining members will serve a full four year term.
4. Chair and Vice -Chair
The Mayor shall appoint the initial Chair. The Chair shall appoint the initial Vice -Chair.
Thereafter, the Oversight Committee shall annually elect a chair and a Vice -Chair, who shall
act as Chair only when the chair is absent.
5. Comuensation
The Oversight Committee members shall serve without compensation.
6. Meetings
A. The Oversight Committee shall conduct at least two meetings a year.
B. Special meetings may be called by the Oversight Committee's chair. Special meetings may
also be called by Oversight Committee members if three or more members petition the
chair for a special meeting.
C. All meetings shall be noticed and shall be open to the public in accordance with the Ralph
M. Brown Act, Government Code Section 54950 et seq. Each member of the Oversight
Committee will be given a current copy of the Ralph M. Brown Act.
D. A majority of the Oversight Committee members shall constitute a quorum for the
transaction of any business.
7. Vacancies and Removal
A. The City Council shall fill any vacancies on the Oversight Committee.
Measure S Committee Formation
Page 3
B. The City Council may remove any Oversight Committee member for any reason, including
but not limited to, failure to attend two consecutive Oversight Committee meetings. Upon a
member's removal, his or her seat shall be automatically deemed vacant.
8. City Support
The City shall provide to the Oversight Committee necessary technical and administrative
assistance as follows:
A. Preparation, provision and posting of public notices as required by the Brown Act and in the
same manner as noticing City Council meetings.
B. Provision of a meeting room, including any available City audio/visual equipment.
C. Provision of meeting materials, such as agendas, minutes and supporting reports.
D. Retention of Committee records.
E. Properly staff all Oversight Committee meetings.
F. Educate committee members on municipal finance.
10. Termination of Committee
The Oversight Committee shall automatically disband six (6) months after the enabling
ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance.
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