HomeMy WebLinkAboutCC Resolution 13704 (Establishing Measure E)RESOLUTION NO. 13704
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING THE MEASURE `E' TRANSACTIONS AND USE TAX
OVERSIGHT COMMITTEE AND DIRECTING STAFF TO COMMENCE WITH
THE APPLICATION PROCESS
WHEREAS, at the General Municipal Election held on November 5, 2013, San Rafael voters
approved amendments to Chapter 3.19 of the San Rafael Municipal Code, providing for a new,
City-wide Transactions and Use Tax, by passing Measure E 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;" 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 E 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 Measure E Transactions and Use Tax Oversight Committee and establishes the
responsibilities and duties of the Committee members as specifically delineated in Exhibit "A,"
attached hereto and incorporated herein.
FURTHER BE IT RESOLVED, that the City Clerk is directed to initiate the appointment process,
inviting interested residents of the City of San Rafael to apply for appointment to the Transactions
and Use Tax Oversight Committee.
FURTHER BE IT RESOLVED, that the Transactions and Use Tax Oversight Committee shall
automatically disband no later than 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enabling ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Monday the 7th day of April, 2014, by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Connolly and Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: McCullough
ESTHER C. BEIRNE, City Clerk
Measure E Committee Formation
Exhibit A
Page 1
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.
H. 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 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. "
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 'ihe 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.
Measure E Committee Formation
Exhibit A
Page 2
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) 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.
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.
Measure E Committee Formation Exhibit A
Page 3
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 Supe_ ort
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.
1) 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.
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