ORDINANCE NO. 963-2019
AN ORDINANCE OF THE CITY OF BARSTOW ADOPTING A NEW CHAPTER 2.26 ("RESIDENT OVERSIGHT COMMISSION") OF TITLE 2 ("ADMINSITRATION AND PERSONNEL") TO ESTABLISH A RESIDENT OVERSIGHT COMMISSION TO REVIEW AND REPORT ON EXPENDITURES OF THE 1% LOCAL TRANSACTIONS
AND USE TAX
WHEREAS, On November 6, 2018, the people of the City of Barstow voted to create a 1% local general purpose Transactions and Use Tax, by approving Chapter 3.33 to be added to Title 3 of the Barstow Municipal Code; and
WHEREAS, Section 3.33.120 requires the creation of a Resident Oversight Committee for the purpose of reviewing and publically reporting on the expenditure of revenues generated by the tax imposed, on at least an annual basis.
NOW THEREFORE, the City Council of the City of Barstow ordains as follows:
SECTION 1. Chapter 2.26 ("Resident Oversight Commission") is added to Title 2 ("Administration and Personnel") of the Barstow Municipal Code to read as follows:
CHAPTER 2.26 Resident Oversight Commission
Sec. 2.26.010. Resident Oversight Commission Established.
A resident oversight commission of five members is established. No member of the resident oversight commission shall hold any other office with the city. All members of the commission must be residents of the City of Barstow.
Sec. 2.26.020. Term of Office.
Commission members shall be appointed and/or reappointed for one or more two- year terms, commencing on January 151 and ending on December 31st. For the initial appointment beginning in 2019, three members of the commission, representing Districts 3, 4, and the At-Large position, shall serve an initial two-year term, and two members, representing Districts 1 and 2, shall serve an initial one- year term (partial term), in order to stagger the terms so that the terms of no more than three members of the commission shall expire in the same year. Members serving an initial one-year partial term may be reappointed to a subsequent full term of two years.
Sec. 2.26.030. Appointment and Reappointment Procedures.
The city council may elect to cause public notice of commission position vacancies and receive applications from interested residents on a city-wide basis.
Alternatively, the mayor may request nominations of applicants from each councilmember for an eligible appointee residing in their district, with the mayor nominating one eligible appointee residing anywhere in the city. Upon receipt of each nomination, a majority vote of the city council will confirm the appointment.
Ordinance No. 963-2019 1
In the event that the city receives no applicant from one or more electoral districts, the council may appoint that commissioner without regard to the district in which they reside.
In the event of an unscheduled vacancy, the council may seek applicants to fill the vacancy with an eligible appointee who resides in the same district as the vacated member, or, if no eligible appointee applies, the council may fill the vacancy, without regard to the district in which the appointee resides.
Sec. 2.26.040. Removal.
Any member of the resident oversight commission may be removed by the majority of the city council at the will and pleasure of the council.
Sec. 2.26.050. Powers and duties.
The powers and duties of the resident oversight commission shall be:
(a) Review, on a quarterly basis, the city's expenditure of revenues received from the 1% Transaction and Use tax;
(b) Prepare a report at the close of each fiscal year of the total revenues received from the 1% Transaction and Use tax and the expenditure amounts categorized by each city department, including the Barstow Fire Protection District (annual report);
(C) Present the annual report to the city council as part of the annual budget process.
Sec. 2.26.060. Limitations.
The resident oversight commission may discharge its responsibilities in the manner and means selected by it, except as follows:
(a) It shall not direct the expenditure of revenues for any purpose; (b) Unless expressly authorized to do so by the city council, it shall not commit the officers, employees or staff of the city in any manner or to any course of action; however, staff may assist the commission by providing information required to prepare the annual report; Sec. 2.26.070. Meetings.
The resident oversight commission shall hold one regular meeting each quarter.
The chair may call for a special meeting if needed with concurrence of the commission.
SECTION 2. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 3. Effective Date. This Ordinance shall take effect 30 days after adoption.
Ordinance No. 963-2019 2
PASSED, APPROVED AND ADOPTED by the City Council of the City of Barstow, State of California, on this 18" day of November 2019.
shackbash Matre
ulie Hackbarth-Mcintyre, Mayor/
Attest:
Tanya paya Con, Dey hy clerk
1, Tanya F. Gordon, Deputy City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify, UNDER PENALTY OF PERJURY, that the foregoing Ordinance No. 963-2019 was introduced at a regular meeting of the City Council of the City of Barstow held on the day of 4t day of November, 2019, and was adopted at the regular meeting of the City Council of the City of Barstow on the 18th day of November, 2019, by the following vote:
AYES: COUNCILMEMBERS NOBLE, HARPOLE, AND SILVA, MAYOR PRO TEM
HERNANDEZ AND MAYOR HACKBARTH-MCINTYRE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Tanya F. Gordon, Deputy City Clerk
CORPORATEN
SEPT. 30. 1947
Ordinance No. 963-2019