HomeMy WebLinkAbout65A - TAX MEASURE OVERSIGHT COMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 15, 2019
TITLE:
APPROVED
APPROVE PARAMETERS OF CITIZEN'S
❑ As Recommended
OVERSIGHT COMMITTEE FOR MEASURE
❑ As Amended
El Ordinance on 1n' Reading
X ( SANTA ANA NEIGHBORHOOD
❑Ordinance on 2ntl Reading
SAFETY, HOMELESS PREVENTION, AND
❑ Implementing Resolution
ESSENTIAL CITY SERVICES
❑ Set Public Hearing For
ENHANCEMENT MEASURE) REVENUE
(STRATEGIC PLAN NO. 7,2)
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Approve the recommendation outlined in this report as follows:
1. By-laws and selection process of a Citizen Oversight Committee related to Measure X
approved by the voters in November 2018,
2. Direct staff to prepare the draft resolution for City Council consideration.
Alternative: Provide direction to staff regarding preferred by-laws, election process and related
resolution.
Background
In November 2018, the City's voters approved Measure X (Santa Ana Neighborhood Safety,
Homeless Prevention, and Essential City Services Enhancement Measure) to increase the City's
sales tax rate by 1.5 cents. Measure X requires annual audits and citizens oversight. Actual ballot
language follows.
"To maintain effective 9-1-1 response; retaining firefighters and police officers, addressing
homelessness, fixing streets, maintaining parks, youth and senior services, and unrestricted
general revenue purposes; shall the sales tax be increased one and one half (1.5) cents
until 2029 providing approximately $60 million dollars annually, then reduced to one (1) cent
providing approximately $40 million dollars annually, until 2039, requiring annual audits,
citizens oversight and for Santa Ana use only?" [emphasis added]
The City currently contracts with a firm of independent certified public accounts to perform an
annual financial statement audit, which will include the new revenue deposited into the City's
General Fund.
65A-1
Consider Parameters of Citizen's Oversight Committee for Measure X Revenue
January 15, 2019
Page 2
This report offers alternatives and recommendations for the establishment of a Citizens' Oversight
Committee (Committee). Staff gathered data regarding oversight committees formed by other
cities. The information is presented in Exhibit 1 to this report.
• Cities that have populations greater than 200,000, have increased the local sales tax rate,
and have a citizens' oversight committee — Long Beach, Riverside, Sacramento, San
Bernardino, and Stockton.
• Cities in Orange County that have increased the local sales tax rate, and have a citizens'
oversight committee — Fountain Valley and Westminster.
• The City of La Palma in Orange County also increased the local sales tax rate, but the ballot
allowed the City Council to decide whether to establish a citizens' oversight committee. No
oversight committee was formed.
• The Executive Director of the City's Finance and Management Services Agency (Executive
Director) also has experience with the City of Carson's citizens' oversight committee, which
was established for utility users tax and oil industry business license tax approved by the
city's voters.
There is a wide variety of options when establishing a committee, including the number of members
and the method of selection. For example, a preference for members with financial expertise may
be established. The Executive Director has experience with the City of Rancho Palos Verdes
Finance Advisory Committee that is primarily comprised residents with some kind of financial
background, and the Committee is very effective. The City of Carson Citizens' Oversight
Committee has no Members with a financial background, and as a result the Committee struggles
to understand basic financial concepts.
The Government Finance Officers Association (GFOA) has a best practice advisory for Audit
Committees (found at http://gfoa.ora/audit-committees), but not one specific to Oversight
Committees. The only best practice advisories staff could locate for citizen oversight was for law
enforcement (found at https://www.nacole.org/standards practices) and issuance of school bonds
in California (state law found at
https://leginfo.legislature.ca.gov/faces/billTextC]ient.xhtml?bill id=201720180SB341).
Recommended By -Laws and Selection Process
Based on commonalities of all 3 resources and staff experience, we recommend the following City
Council actions.
Adopt By -Laws via resolution outlining the duties of the Committee:
a. Purpose is advisory only;
b. Santa Ana residency required;
c. Nine members, with a quorum of five;
d. Minimum meeting frequency of quarterly, additional meetings as needed or directed
by Council;
e. Annual report to City Council;
f. Review revenue derived from Measure X;
g. Meetings are subject to the Brown Act;
h. Chair to be elected by the Committee;
65A-2
Consider Parameters of Citizen's Oversight Committee for Measure X Revenue
January 15, 2019
Page 3
i. Each new member is required to receive an orientation; which would include
compliance with the Brown Act, overview of the By -Laws, and financial overview of
the City;
j. Assign the Finance and Management Services Agency as the staff liaison for the
Committee;
k. Review accounting of the appropriation increases using Measure X revenue; and
I. Prepare annual budget recommendations to City Council, to be delivered in time for
City Council consideration.
2. Require volunteer applications, with a process to be managed by the Clerk of the Council.
3. Select members as follows:
a. Six members, each selected by a Council Member from their district; and
b. Three members selected at large by the Mayor, with a preference for those with
financial expertise (government not necessary).
4. Provide a small budget sufficient for minute -taking, photo -copying, and an annual
presentation from the City's sales tax consultant.
Next Steps
If the City Council agrees with the staff recommendation, or provides alternative direction, a
resolution establishing the Committee and by-laws can be prepared for City Council consideration
in February. At that time, staff would provide additional information regarding the timeline for
member recruitment (if applicable) and orientation, as well as a potential first meeting date.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #2, (Establish
communication plans to engage and inform employees and the community about City activities).
FISCAL IMPACT
Upon City Council concurrence with Staffs proposal for a Citizens' Oversight Committee, an
appropriation adjustment will be included in the Midyear report for City Council consideration.
Funds would be budgeted in the Finance and Management Services, Management and Support
Services Operating Materials and Supplies account (01110100-63001) up to $10,000. Funding will
provide for administrative support for the Committee including but not limited to minute taking,
photocopying, and an annual presentation from the City's sales tax consultant.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ka— thry D wns, CPA _PM
Executive Director
Finance and Management Services Agency
Exhibit: 1. Sales Tax Oversight Committee Survey
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EXHIBIT 1
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