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Home My WebLink AboutCC Measure E Transactions and Use Tax Oversight Committee Vacancies____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 01/21/2020 Disposition: Approved staff recommendation Agenda Item No: 4.d Meeting Date: January 21, 2020 SAN RAFAEL CITY COUNCIL STAFF REPORT Department: City Clerk Prepared by: Lindsay Lara, City Clerk City Manager Approval: _________ TOPIC: MEASURE E TRANSACTIONS AND USE TAX OVERSIGHT COMMITTEE VACANCIES SUBJECT: CALL FOR APPLICATIONS TO FILL THREE FOUR-YEAR TERMS ON THE MEASURE E TRANSACTIONS AND USE TAX OVERSIGHT COMMITTEE TO THE END OF MARCH 2024 DUE TO THE EXPIRATION OF TERMS OF JOHN ERDMANN, GLADYS GILLILAND AND CYR MILLER RECOMMENDATION: 1. Call for applications to fill three four-year terms on the Measure E Transactions And Use Tax Oversight Committee to the end of March 2024 due to the expiration of terms of John Erdmann, Gladys Gilliland and Cyr Miller. 2. Set deadline for receipt of applications for Wednesday, February 12, 2020 at 5:00 p.m. at City Hall in the City Clerk’s Office, Room 209. BACKGROUND / ANALYSIS: The Measure ‘E’ TUT Oversight Committee ensures that all revenues received from the voter- approved local Transactions and Use Tax (Measure ‘E’) are spent only on permissible uses, as outlined in Ordinance No. 1913. The Committee does not have any budgetary decision authority, does not allocate financial resources, and does not make budget or service recommendations to the City Council. The Committee meets once each fiscal year Per the San Rafael City Council Policy regarding Appointive Offices, any existing City board member or commissioner who wishes to be reappointed shall be interviewed at the same time as new applicants. FISCAL IMPACT: There is no fiscal impact associated with this action. RECOMMENDATION: 1. Call for applications to fill three four-year terms on the Measure E Transactions And Use Tax Oversight Committee through the end of March 2024 due to the expiration of terms of John Erdmann, Gladys Gilliland and Cyr Miller. 2. Set deadline for receipt of applications for Wednesday, February 12, 2020 at 5:00 p.m. at City Hall in the City Clerk’s Office, Room 209. ATTACHMENT: 1. Application Materials Three Vacancies Measure E Transactions and Use Tax Oversight Committee Applications to serve on the Measure E Transactions and Use Tax Oversight Committee, City of San Rafael, to fill three four-year terms to the end of March 2024, may be obtained at the City Clerk’s Office, City Hall, 1400 Fifth Avenue, Room 209, San Rafael and on the website at: https://www.cityofsanrafael.org/boards-commissions/. The deadline for filing applications is Wednesday, February 12, 2020, at 5:00 p.m. in the City Clerk’s Office. There is no compensation paid to Members. Members must comply with the City’s ethics training requirement of AB 1234, and reimbursement policy. See attached information. 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. The Committee meets at least one time annually. The Measure ‘E’ TUT Oversight Committee ensures that all revenues received from the voter- approved local Transactions and Use Tax (Measure ‘E’) are spent only on permissible uses, as outlined in Ordinance No. 1913. The Committee does not have any budgetary decision authority, does not allocate financial resources, and does not make budget or service recommendations to the City Council. The Committee meets once each fiscal year. The guidelines for Committee membership, terms, powers and duties, etc., is also attached. ________________________________ Lindsay Lara City Clerk City of San Rafael Dated: January 22, 2020 1 City of San Rafael Measure E TUT Oversight Committee Boards and Commissions Application Applicant Information Full Name: *Address: Street Address Apartment/Unit # City State ZIP Code *Phone: *Email Resident of San Rafael for years. Employer: Occupation: Business Address: Street Address Apartment/Unit # City State ZIP Code Education Supplemental Questions Participation in the following civic activities: Member of the following civic organizations: SAN RAFAEL THE CITY WITH A MISS ION 2 My reasons for wanting to serve are: Describe possible areas in which you may have a conflict of interest with the City: Demographics (Optional) The demographic information you choose to provide is VOLUNTARY and OPTIONAL and refusal to provide it will not subject you to any adverse treatment. This information will be considered confidential, kept separate from your application and will not be used for evaluating applications or making appointments. The City of San Rafael will use this information solely to conduct research and compile statistical reports regarding the composition of its Board and Commission applicants. Ethnicity:  American Indian or Alaska Native: a person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.  Asian: a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.  Black or African American: a person having origins in any of the black racial groups of Africa.  Hispanic or Latino: a person of Cuban, Mexican, Chicano, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.  Native Hawaiian or Other Pacific Islander: a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.  White: a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.  Two or More Races: a person who primarily identifies with two or more of the above race/ethnicity categories. To which gender to your most identify?  Male  Female  Nonbinary or Third Gender  Prefer to self-describe  Prefer not to say 3 How old are you?  Under 18  18-24 years old  25-34 years old  35-44 years old  45-54 years old  55-64 years old  65-74 years old  75+ years old Signature Signature: Date: Filing Deadline: Mail or deliver to: Date: Wednesday, February 12, 2020 Time: 5:00 p.m. City of San Rafael, Dept. of City Clerk City Hall, 1400 Fifth Avenue, Room 209 San Rafael, CA 94903 *Information kept confidential, to the extent permitted by law. Measure ‘E’ Transactions and Use Tax (TUT) Oversight Committee Guidelines and Policy I. Mission To ensure that all revenues received from the voter approved Transactions and Use Tax (Measure E) are spent on uses outlined in San Rafael Ordinance 1913. II. Governing Authority for Committee Formation Section 3.19.144 of the San Rafael Municipal Code requires the establishment of an Independent Oversight Committee: “A City Transactions and Use Tax Committee, to be established by the City Council by Resolution, shall review the collection and expenditure of tax revenues collected under the authority of this Chapter. The committee shall consist of at least 5 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.” III. Roles, Responsibilities and Duties A) The responsibilities and duties of the Committee shall be limited to: 1) Review expenditures of Measure E general tax revenues to ensure the monies have been expended in accordance with the authorized municipal purposes of Measure E. To complete this review, the Committee shall: i) Understand allowable expenses of Measure E general tax funds (as identified in Section 3.19.080 of the Municipal Ordinance) which states: The proceeds of the transactions and use tax imposed by this Chapter shall be deposited into the General Fund of the City to be used for all general government purposes which may include, but are not limited to, fire and police protection, street and sidewalk repair and maintenance, library services, park repair and maintenance, recreational programs, building and code enforcement services, planning and zoning services, capital equipment requirements, repair and replacement of City facilities, capital improvement projects, operational expenses, fiduciary responsibilities, administration, indebtedness and general obligations of the City. The tax imposed by this Chapter is intended to be and is, a general tax, the proceeds of which are to be spent as the City Council shall in its discretion, from time to time, determine. ii) Review documentation from City Council and from City Council-appointed advisory committees that pertain to the prioritization of use of Measure E general tax funds. iii) Review annual reports prepared by the City’s Finance Department that track the receipt and spending of Measure E general tax funds. iv) Prepare and submit to the City Council and the community an annual public report on the expenditures of Measure E general tax revenues for the previous fiscal year. (Committee Meetings will typically be held in the fall, for the fiscal year ending on the preceding June 30.) 2) Fulfill the final responsibilities of the Measure S TUT Oversight Committee under Ordinance 1837: Review and report on the final expenditures of Measure S during fiscal year 2013-2014, through its termination on March 31, 2014, to ensure that monies have been expended consistent with the authorized purposes of Measure S. B) The 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 not have authority to direct, nor shall it direct, City staff or officials. IV. Committee Structure: A) Appointments 1) The City Council shall make appointments to the Committee consistent with the established manner of appointing various City Commissions and related committee members. 2) The Committee shall be composed of five (5) members B) Qualification 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. C) Term Committee members shall serve for a term of four years. Members’ terms are to be staggered; The City Council will determine which three of the initial appointments will be for a two-year term. D) Chair and Vice-Chair The Mayor shall appoint the initial Chair. The Chair shall appoint the initial Vice-Chair. Thereafter, the Committee shall annually elect a chair and a Vice-Chair, who shall act as Chair only when the chair is absent. E) Compensation The Committee members shall serve without compensation. F) Meetings 1) The Committee shall conduct at least one meeting each fiscal year. 2) Special meetings may be called by the Committee’s chair. Special meetings may also be called by Committee members if three or more members petition the chair for a special meeting. 3) 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 Committee will be given a current copy of the Ralph M. Brown Act. 4) A majority of the Committee members shall constitute a quorum for the transaction of any business. G) Vacancies and Removal 1) The City Council shall fill any vacancies on the Committee. 2) The City Council may remove any Committee member for any reason, including but not limited to, failure to attend two consecutive Committee meetings. Upon a member's removal, his or her seat shall be automatically deemed vacant. H) City Support The City shall provide the Committee with necessary technical and administrative assistance, including: 1) Preparation, provision and posting of public notices as required by the Brown Act and in the same manner as noticing City Council meetings. 2) Provision of a meeting room, including any available City audio/visual equipment. 3) Provision of meeting materials, such as agendas, minutes and supporting reports. 4) Retention of Committee records. 5) Properly staff all Committee meetings. 6) Educate Committee members on municipal finance. I) Termination of Committee The Measure E TUT Oversight Committee shall automatically disband six (6) months after the end of the fiscal year in which the enabling ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance. The purpose of this time is to allow the Committee to complete its final report. NOTICE TO BOARD & COMMISSION APPLICANTS REGARDING ETHICS TRAINING On January 1, 2006, a new law became effective that requires two (2) hours of ethics training of the local legislative bodies by January 1, 2007. This new law defines a local legislative body as a “Brown Act” governing body, whether permanent or temporary, decision-making or advisory, and created by formal action of the City Council. In other words, any person serving on a City Council, Board, Commission, or Committee created by the Council is subject to this ethics training requirement. After this initial class, training will be required every two years. Ethics training can be accomplished by taking a 2-hour class, self-study, or an on-line class. You may seek reimbursement for taking any authorized ethics class. The city staff member that is assigned to your committee can help you with the reimbursement process. After you have completed the ethics class, the original certificate needs to be given to the City Manager’s Office for record-keeping, with a copy kept for your records. AB 1234 (Salinas). Local Agencies: Compensation and Ethics Chapter 700, Statutes of 2005 This law does the following: • Ethics Training: Members of the Brown Act-covered decision-making bodies must take two hours of ethics training every two years, if they receive compensation or are reimbursed expenses. The training can be in-person, on-line, or self-study. For those in office on 1/1/06, the first round of training must be completed by 1/1/07. • Expense Reimbursement -- Levels: Local agencies which reimburse expenses of members of their legislative bodies must adopt written expense reimbursement policies specifying the circumstances under which expenses may be reimbursed. The policy may specify rates for meals, lodging, travel, and other expenses (or default to the Internal Revenue Service’s (IRS) guidelines). Local agency officials must also take advantage of conference and government rates for transportation and lodging. • Expense Reimbursement -- Processes: Local agencies, which reimburse expenses, must also provide expense reporting forms; when submitted, such forms must document how the expense reporting meets the requirements of the agency’s expense reimbursement policy. Officials attending meetings at agency expense must report briefly back to the legislative body at its next meeting.