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Home My WebLink About55C - RESO OVERSIGHT COMMITTEEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 5, 2019 TITLE: ADOPT RESOLUTION ESTABLISHING THE SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE AND ITS RELATED BYLAWS {STRATEGIC PLAN NO. 7,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• o ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt the attached resolution establishing the Santa Ana 2018 Measure X Citizen Oversight Committee and its bylaws. DISCUSSION On November 6, 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 established Santa Ana Municipal Code Section 35-214, which requires the City Council to establish a Citizen Oversight Committee (Committee) by resolution. Section 35-214 — Oversight Committee, as follows: 'The City Council shall, by resolution establish a citizen oversight committee to act in an advisory role to the City Council in reviewing the annual revenue and expenditures of funds from the tax authorized by this article. The resolution shall establish the committee members' terms, qualifications and duties, and the committee's scope of authority." On January 15, 2019, the City Council provided direction to staff regarding the Committee. The proposed resolution reflecting City Council direction is attached to this report for City Council consideration. The resolution includes ratification of each committee member appointment by a majority of the City Council. If the resolution is adopted by Council, the Clerk of the Council will make available volunteer applications for residents. Applications will be provided to the applicable Council Members for consideration of appointment. Although the intent is to have nine (9) members on the committee, once the minimum quorum of 5 members have been appointed, meetings can be scheduled. The 55C-1 Resolution — Adoption of the Measure X Citizen Oversight Committee and its related Bylaws February 5, 2019 Page 2 first regularly scheduled meeting will be March 13, 2019; which will be used to provide the new committee members with an orientation. 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 Staff expects the current year budget, Management and Support Services Operating Materials and Supplies account 01110100-63001, can absorb the minimal expense associated with Committee activity for the current fiscal year which is estimated to be up to $2,500. No additional appropriation is requested at this time. However, the proposed FY19-20 budget will include a small appropriation request to provide administrative support such as minute -taking, photocopying, and an annual presentation from both the City's sales tax consultant and the City's independent financial statement auditor estimated to be $15,000 and will be budgeted in the Management and Support Services account (01110100 -various). APPROVED AS TO FUNDS AND ACCOUNTS: 140 Kathryn Downs, CPA Executive Director -f,� Finance and Management Services Agency Exhibit: 1. Resolution KD 55C-2 EXHIBIT 1 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ESTABLISHMENT OF AND BYLAWS FOR THE TRANSACTIONS AND USE TAX MEASURE X CITIZEN OVERSIGHT COMMITTEE Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows: WHEREAS, on November 6, 2018, the voters of the City of Santa Ana approved Measure X (Santa Ana Neighborhood Safety, Homeless Prevention, and Essential City Services Enhancement Measure). WHEREAS, Measure X established Santa Ana Municipal Code Section 35-214; which includes a requirement for the City Council to adopt a resolution to establish a citizen oversight committee to act in an advisory role to the City Council in reviewing the annual revenue and expenditures of funds from the tax authorized by Measure X; and the committee members' terms, qualifications and duties, and the committee's scope of authority. WHEREAS, on January 15, 2019, the City Council directed staff to prepare a resolution based upon staff recommendation establishing the citizen oversight committee and its bylaws. NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows: Section 2. Establishment of Committee Member Qualifications and Selection, and Member Terms. A. The Measure X Citizen Oversight Committee ("Committee") shall be established. The name of the Committee shall be the SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE. The Committee shall be comprised of 9 members. All Committee Members must be residents of the City of Santa Ana. B. Each of the City Council Members shall select one Committee Member, who shall be a resident from the ward the City Council Member represents. The Mayor shall select three Committee Members at large, each of whom must have financial expertise. Financial expertise is defined as minimum education equal to a four-year accredited college or university degree in Finance, Accounting, Economics or a related finance subject major, with two -year's minimum related working experience in the private or 55C-3 governmental sector. All selections put forth for appointment shall be ratified by a majority of the City Council during a regular City Council meeting. C. Each Committee member shall have a term that coincides with the City Council Member who appointed the Committee Member. D. Residents who desire to serve on the Committee must submit an application with the Clerk of the Council, pursuant to a process established by the Clerk. The Clerk of the Council shall furnish completed applications to the applicable City Council Member for consideration. E. Committee members are volunteers, and are not paid compensation by the City for serving on the Committee. Section 3. Meetings. A. The Committee shall be subject to California open meetings law, which is the Ralph M. Brown Act (California Government Code Section 54950 et seq.). B. Five members shall constitute a quorum for meetings. C. The Committee shall self -elect a Chair to preside over meetings, authorize calls for any special meetings subject to the availability of Finance and Management Services Agency staff, execute the Committee's annual report, and attend the City Council meeting where the Committee's annual report is presented. The Committee shall also self -elect a Vice -Chair to serve in the absence of the Chair. D. In the absence of both the Chair and Vice -Chair, the Committee shall, as the first order of business, nominate a member to Chair the meeting. E. The Executive Director of Finance and Management Services shall appoint an employee to serve as the Recording Secretary of the Committee, who shall take minutes, issue notice of all regular and special meetings, and perform other duties associated with the role. F. The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code or state law. G. Regular meetings shall be held quarterly, on the second Wednesdays of March, June, September, and December; which are the months immediately following the availability and analysis of quarter -end sales tax data. Meetings will generally be held at 6:00 pm in a publicly -available room at City Hall, which shall be listed on each meeting agenda publicly posted prior to the meeting in accordance with state law. Additional meetings shall be scheduled as needed, or by direction of City Council. 55C-4 Section 4. Committee Member Orientation. Committee Members shall receive an orientation including overviews of the following topics: compliance with the Brown Act; this establishing resolution and any subsequent amending resolutions; sales, transactions and use tax law and processes; and the City's budget and financial position. Section 5. Committee Support. A. The Finance and Management Services Agency shall supply the staff support for the Committee, including attendance at meetings, and preparation of the agenda and meeting presentations. B. The City Council shall appropriate a small annual budget sufficient for administrative support such as photocopying, minute -taking, and an annual presentation from the City's sales tax consultant. Section 6. Duties. A. Pursuant to Santa Ana Municipal Code Section 35-214, the Committee shall act in an advisory role to the City Council. B. The Committee shall review summaries of quarterly and year-to-date revenue generated by Measure X, as detailed sales tax data for each business is confidential pursuant to state law. C. The Committee shall review budgeted and actual expenditures appropriated from the Measure X revenue source. D. During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax consultant and the City's independent financial statement auditor. E. During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year. Section 7. Committee Member Absences. If a Committee Member is absent from two consecutive regular meetings, unless by permission of the Committee expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Committee Member, the seat shall become vacant and shall be so declared by the City Council. A notification of non-attendance to the Recording Secretary by either email or phone call may be deemed as an "excused absence" after consideration and vote of a majority of the Committee. Failure to give notification of non- attendance shall be deemed an unexcused absence. Section 8. Amendment of Bylaws. The bylaws included herein can only be amended by resolution of the City Council. 55C-5 Section 9. The bylaws for the Santa Ana 2018 Measure X Citizen Oversight Committee, as described herein, are approved. Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 5t" day of February, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: :Zd L&w,l rfYls— Sonia R. Carvalho City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on February 5, 2019. Date: Acting Clerk of the Council City of Santa Ana 55C-6