Item No.
1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JUDDY MONTENEGRO, SENIOR MANAGEMENT ANALYST
DATE: APRIL 8, 2025
SUBJECT: RESOLUTION EXPANDING THE DUTIES OF THE INDEPENDENT CITIZENS’
OVERSIGHT COMMITTEE TO INCLUDE OVERSIGHT OF MEASURE D
REVENUES AND EXPENDITURES
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution to expand the duties of the Independent Citizens’ Oversight Committee to include oversight of Measure D revenues and expenditures. The Committee was originally created to provide oversight of Measure S funding, which includes the review of the City’s expenditure of revenues generated by the Measure.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 25-8294, expanding the duties of the Independent Citizens’ Oversight Committee to include oversight of Measure D revenues and expenditures.
BACKGROUND
Measure S, an increase of ½ percent to the transactions and use tax, was approved by 63% of Downey voters in November 2016 and went into effect on April 1, 2017. Measure S generates approximately $12 million per year to protect and enhance the quality of services to the community. The Measure expires in 20 years and cannot be renewed without voter approval.
The approval of Measure S required the creation of an Independent Citizen's Oversight Committee (Committee) to be created in order to review the City's expenditure of revenues generated by Measure S, review annual audit reports related to the Measure, and make at least one written annual report to the City Council at a public meeting.
APPROVED BY
CITY MANAGER
RESOLUTION EXPANDING THE DUTIES OF THE INDEPENDENT CITIZENS’ OVERSIGHT
COMMITTEE TO INCLUDE OVERSIGHT OF MEASURE D
APRIL 8, 2025
PAGE 2
The Committee is comprised of five members appointed by the City Council from each of the five Council Districts, and their meetings are open to the public with agenda and minutes posted on the City’s website.
On November 5, 2024, Measure D was approved by 67% of Downey voters. Measure D is a ¼ cent sales tax measure known as the “Downey Public Safety and Local Control Measure,” which will result in approximately $6 million of new revenue to the City, annually. It will help enhance and maintain City owned public safety services.
At the City Council meeting held on March 11, 2025, Mayor Pro Tem Pemberton requested that a policy be put in place to have the Independent Citizens’ Oversight Committee provide oversight of Measure D funding, as well.
AN ALYSIS
Measure D did not require the creation of an oversight committee, as it was the City’s intention to have the Committee expand its oversight of Measure S to include Measure D given its experience with Measure S.,
To formalize the City’s intent, the attached resolution states that the Committee will now review the City’s revenues and expenditures for both Measure S and Measure D.
Additionally, it will review annual audit reports and make at least one written annual report per Measure to the City Council at a public meeting summarizing the Committee’s findings.
Committee meetings will continue to be open to the public and meeting documents will be available for review on the City’s website.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
There is no fiscal impact associated with this item.
ATTACHMENT
Attachment A: Resolution No. 25-8294, a resolution of the City Council of the City of Downey expanding the duties of the Independent Citizens’ Oversight Committee to include oversight of Measure D revenues and expenditures.
RESOLUTION NO. 25-8294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
EXPANDING THE DUTIES OF THE INDEPENDENT CITIZENS’
OVERSIGHT COMMITTEE TO INCLUDE OVERSIGHT OF MEASURE D
REVENUES AND EXPENDITURES
WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 16-7657 creating an Independent Citizens’ Oversight Committee (Committee) comprised of five- members appointed by the City Council to review, on a quarterly basis, the City’s expenditure of revenues generated by Measure S, an increase of ½ percent to the transactions and use tax approved by 63% of Downey voters on November 8, 2016; and WHEREAS, the purpose of the Committee is to review annual audit reports related to Measure S and make written annual reports to the City Council at public meetings summarizing its findings; and
WHEREAS, on July 23, 2024, the City Council adopted Resolution No. 24-8258 placing Measure D, a ¼ cent sales tax increase known as the Downey Public Safety and Local Control Measure, on the November 5, 2024 municipal ballot for voter consideration; and
WHEREAS, on November 5, 2024, Measure D was approved by 67% of Downey voters thus furthering the community’s priority to maintain and enhance public safety; and WHEREAS, while Measure D did not require the creation of an oversight committee, the City nevertheless wishes to subject Measure D revenues to the same oversight established for Measure S; and
WHEREAS, the Independent Citizens’ Oversight Committee has experience overseeing Measure S revenues and expenditures and can assist with the same duties for Measure D.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Independent Citizens’ Oversight Committee’s duties are hereby expanded to include the oversight of Measure D revenues and expenditures by reviewing on at least a quarterly basis the City’s expenditure of revenues generated by Measure D.
SECTION 2. The Committee shall review annual audit reports related to both Measure S and Measure D, and make at least one written annual report per Measure to the City Council at a public meeting summarizing the Committee’s findings and including and appropriate recommendations.
SECTION 3. The City Manager, or the City Manager designated department(s), shall continue to provide the Committee with technical and administrative assistance in furtherance of its purpose.
ATTACHMENT A
Resolution No. 25-8294
SECTION 4. All committee proceedings shall continue to be open to the public and shall comply with the Ralph M. Brown Act. Minutes of the proceedings of the Committee and all documents received and reports issued shall be a matter of public record and be made available on the City’s official website. The minutes of the meetings of the Committee shall be provided to the City Council and placed on the next available regular City Council meeting agenda for informational purposes.
SECTION 5. In all respects, Resolution No. 16-7657 shall remain operative and effective.
SECTION 6. This Resolution shall become effective upon its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this ___ day of April, 2025.
_________________________
HECTOR SOSA
Mayor
ATTEST:
______________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the ____ day of April, 2025, by the following vote, to wit:
Resolution No. 25-8294
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
_____________________________
MARIA ALICIA DUARTE, CMC
City Clerk