Fountain Valley
GARDEN GROVE CITY COUNCIL
RESOLUTION NO. 9540-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DEFINING THE COMPOSITION OF THE MEASURE O – CITIZENS’ OVERSIGHT
COMMITTEE, PURPOSE, TERMS OF OFFICE FOR COMMITTEE MEMBERS, THE SCOPE OF THE COMMITTEE’S RESPONSIBILITES AND OTHER RELATED MATTERS
WHEREAS, on November 6, 2018, Garden Grove voters passed Ordinance No. 2897, also known as Measure O, imposing a one-cent (1%) transactions and use (sales) tax;
WHEREAS, Garden Grove merchants will begin collecting the tax on behalf of the City of Garden Grove on April 1, 2019;
WHEREAS, Ordinance No. 2897 states that the measure will be “subject to a clear system of accountability, including public audits and disclosures of all funds spent to ensure that all funds are spent properly” and “include strict Citizen Oversight, giving an independent voice in overseeing the measure’s funds”;
WHEREAS, this Resolution establishes a Measure O – Citizens’ Oversight Committee; and
WHEREAS, this Resolution sets the composition of the Measure O – Citizens’ Oversight Committee, its purpose, the terms of office, and defines the scope of the committee’s responsibilities; and other related matters.
NOW, THEREFORE, THE CITY OF GARDEN GROVE CITY COUNCIL DOES HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:
SECTION 1. The Measure O – Citizens’ Oversight Committee’s composition, terms of office, scope of responsibilities and other related matters shall be as described in Exhibit A to this Resolution, incorporated herein by reference.
SECTION 2. This Resolution shall become effective immediately upon its passage and adoption.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions.
Garden Grove
Garden Grove City Council
Resolution No. 9540-19
Adopted this 26
th day of February 2019.
ATTEST: /s/ STEVEN R. JONES
MAYOR
/s/ TERESA POMEROY, CMC________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on February 26, 2019, by the following vote:
AYES: COUNCIL MEMBERS: (7) BRIETI GAM, O’NEILL, NGUYEN T., BUI KLOPFENSTEIN, NGUYEN K., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
/s/ TERESA POMEROY, CMC_
CITY CLERK
Garden Grove City Council
Resolution No. 9540-19
EXHIBIT A
City of Garden Grove
Measure O – Public Safety/9-1-1 and Vital City Services Citizens’ Oversight Committee
1. Purpose: The purpose of the Measure O Citizens’ Oversight Committee will be to review the City’s annual general fund budget, mid-year budget, and year- end audited financial information in regards to the receipt and expenditure of the fiscal year’s one-cent transactions and use (sales) tax revenue. This review will be based on the City’s Measure O Ordinance No. 2897 and input received via the Community Priorities Survey . The committee will communicate its findings to the public and the City Council annually.
2. Committee Responsibilities: The oversight committee responsibilities for each of the years that the Measure O one-cent (1%) transactions and use (sales) tax is collected is:
2.1. Review year-end audited annual fina ncial information which will include Measure O tax revenue and expenditures.
2.2. Review the mid-year financial repo rt of general fund revenues and expenditures.
2.3. Review the annual general fund operating budget.
2.4. Review the above reports based on the City’s Measure O Ordinance No. 2897 and input via the Community Priorities Survey.
2.5. Hear public testimony and comments regarding Measure O.
The Committee shall produce a report that records the results of its review of the City’s annual general fund budget, mid-year budget and year-end audited financial information for expenditures from revenue generated from the Measure O tax. The report shall be presented to the Council at a public meeting and shall be a public record. The report will also be posted on the City’s website. The committee shall confine itself specifically to a high level review of revenues generated under Measure O and related expenditures.
Garden Grove City Council
Resolution No. 9540-19
The Oversight Committee responsibilities do NOT include the following:
‐ Enterprise and other funds generated independent of Measure O; ‐ Enterprise and other fund expenditures independent of Measure O; ‐ Decision-making on spending priorities;
‐ Authority to direct City staff or other officials.
3. Committee Composition: The Oversight Committee shall consist of seven members. At least one member should represent the business community as an owner or representative of a local business; at least one member should be an active senior resident (age 62 or older); at least two members should have background in finance/accounting; and the remaining three members may be members of the community at-large.
The following rules apply to all members:
3.1. All members shall be at least 18-years of age and reside within the State of California and be residents or business owners/representatives in the City of Garden Grove. All members shall be a registered voter. (Confirmation can be made by the voter through the OC Registrar of Voters website.)
3.2. Committee members may not be current Garden Grove employees, Garden Grove City Council members, or any vendor, contractor, or consultant with active co ntracts or agreements with the City of Garden Grove.
3.3. In making its appointment to th e Oversight Committee, the Council may, at its discretion, consider various factors applicable to each candidate including, but not limited to, (i) resi dency in the City, (ii) whether the candidate is a registered voter within the City, and (iii) the candidate’s professional (including financial or accounting experience) and educational background which supports or complements the purposes of the Oversight Committee.
4. Committee is Advisory: Advisory bodies play an important role in City government by assisting and advising the City Council. The primary role of an advisory body is to provide judicious ad vice to the City Council, the elected policy making body of the City. The advisory body’s role can include the review of written and financial information, faci litating the study of issues, assessing the alternatives regarding issues of community concern and ultimately forwarding recommendations through Sta ff Liaison to the City Council for its consideration.
Garden Grove City Council
Resolution No. 9540-19
5. Committee Member Terms of Office: Pursuant to Garden Grove Municipal Code Section 2.21.012 Terms of Office, the term of office for all members of boards, commissions, and committees shall be from the date of appointment to the date of the first meeting of the City Council following each regular municipal election; provided, however, that a member shall remain in office until his or her successor is appointed or as otherwise set forth herein.
First Term Future Terms – 2 years
Appointment Expiration Appointment Expiration
April 2019 December 2020 January 2021 December 2022
6. Committee Organization and Use of Existing City Practices: The Committee shall follow all relevant ex isting City practices in terms of organization and conduct. Specifically:
6.1. Elect the Chair and Vice Chair;
6.2. Operate in accordance with the Ralph M. Brown Public Meetings Act and shall conduct its meetings in accordance with the provisions thereof;
6.3. Operate in accordance with City of Garden Grove - City Council Policy, Commission/Committee Appointments, except where the Measure O Citizens’ Oversight Committee Resolution (Policies) specifically addresses a topic;
6.4. Operate in accordance with City of Garden Grove Administrative Directives or Policies related to Ethics Training for Elected Officials; Appointees to Certain Boards, Commissions, and Committees; and Designated Employees;
6.5. Comply with all State and local ma ndated conflict of interest/economic interest disclosure requirements, if required by law;
6.6. Receive no compensation for service on the Committee.
7. Committee Appointments / Attendance / Removal / Vacancy: The Committee shall be appointed through the normal City Council Committee/Commission Appointments process. Pursuant to Garden Grove Municipal Code Section 2.21.010, the Mayo r, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Th ere will be an application for Measure O Oversight Committee consideration. The power to make determinations as to appointments, attendance, removal and vacancies on the Oversight Committee is expressly reserved by the City Council.
Garden Grove City Council
Resolution No. 9540-19
7.1. For committee’s to function effectiv ely and accomplish their goals, all members must be active participants. This means all members must be present at all meetings. Committee members must inform the staff liaison prior to the meeting if they are unable to attend.
7.2. The Council may remove any Committee members for any reason in accordance with established committee/commission removal processes outlined in Municipal Code section 2.21.014.
7.3. If a Committee member resigns or is removed by the Council, his or her seat shall be declared vacant. The Council in accordance with established appointment processes contained in Municipal Code section 2.21.13 shall fill any vacancies on the Committee.
7.4. A Committee member may be removed as may otherwise be prescribed or required by law.
8. Staff Support / Authority of Committee: Staff from the Finance Department will have primary responsi bility for providing administrative support to the Measure O Citizens’ Oversight Committee as shall be consistent with the Committee’s purpose. The City Manager or his/her designee may also act as staff liaison to the Committ ee. Oversight Committee members do not have the authority to direct staff of the City or other officials.
9. Committee Meeting Schedule: The City’s budget development occurs from January through August; the audited financial statement is typically complete by the end of January; and the mid-year financial report is normally completed in March. Consequently, the Committee will be active from January through August each year with a minimum of two meetings anticipated annually. The committee will have the ability to meet up to four times annually as needed.
The exact meeting schedule (days/times/locations) will be dependent upon the budget preparation schedule, which changes slightly from year to year. No specific hearing dates and times have been established in this resolution in order to allow staff to work with the appointed Committee members to identify days/times that work well for the membership. All Oversight Committee meetings will be public and will be agendized in accordance with the Brown Act.
10.Committee Reports: The Committee shall present to the Council, in public session, an annual written report which shall include the following:
10.1. A summary of the Committee’s pr oceedings and activities during the most recent review period.
10.2. A response to the following ques tions will be addressed in the annual report:
Garden Grove City Council
Resolution No. 9540-19
10.2.1. Does the current audited fina ncial information reflect that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent?
10.2.2. Does the City’s proposed General Fund annual budget and CIP plan protect and maintain the City’s core services including public safety?
The report prepared by the Committ ee documenting their findings and recommendations will be presented to the City Council at a public meeting and will be public record. The report will also be posted on the City’s website.
11.Amendment of Policy and Regulations: The policies and regulations of the Oversight Committee may be subject to later and further amendments by the City Council and its discretion.
§ 3.32.020. Establishment of citizens' oversight committee.
Pursuant to Ordinance No. O-2018-08, a citizens' oversight committee is hereby established, and shall be hereinafter referred to in this chapter as the "committee." ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.030. Purpose.
The purpose of the committee shall be to review the expenditure of funds generated by the transactions and use tax, and to provide an annual report to the city council on those expenditures. The committee shall meet at least once annually. The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage. Unless otherwise directed by resolution or ordinance of the city council, the committee shall not have any function, power, or authority other than those expressly provided in this chapter. In no event shall a failure of the city council or the committee to meet, or to take any other action, invalidate any tax collected under this chapter; however, any court of competent jurisdiction may issue an order to the city compelling the city to comply with this section. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.040. Membership.
The committee shall be composed of three regular voting members. All members of the committee shall be appointed by the city council and shall be subject to removal by a majority of the city council. Two of the members shall come from the citizens' fiscal sustainability task force and one from the financial audit oversight committee, so long as those bodies continue to exist in the city council's discretion. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.050. Terms of office.
Except as otherwise provided in this section, each committee member shall serve a four year term, which shall expire each succeeding July 1st. In the absence of resignation or removal, each member shall continue to serve until a successor is appointed and qualified. In order to create staggered terms, of those first three members appointed to the committee, two shall serve a four year term, and one shall serve a two year term. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.060. Absence from meeting.
If a member is absent without excuse from three consecutive committee meetings, the chair may notify the city council to consider whether the member should be removed. It is the responsibility of each member to notify the chair or vice-chair before the meeting if a member is unable to attend.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.070. Compensation and reimbursement for expenses.
The members of the committee shall serve without compensation, as stated in Ordinance Downloaded from https://ecode360.com/PL4986 on 2024-05-21 Placentia
No. O-2018-08. If the expenditure is approved in advance by the city council, the city may pay reasonable expenses for members to attend meetings, conferences or other events that will directly assist the members in the performance of their duties under this chapter.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.080. Officers, meeting rules and records.
Each year the committee shall appoint one of their members to serve as chair, and one to serve as vice-chair. Each will serve a one year term. The chair shall run each meeting, and the vice-chair shall serve in the absence of the chair. The chair and vice-chair shall both serve at the pleasure of the committee.
All meetings of the committee shall be open to the public and shall be noticed pursuant to the requirements of the Ralph M. Brown Act. The city administrator shall designate a city employee to act as secretary of the committee, who shall keep a record of its proceedings, and assist with public postings and the collection of records needed to accomplish the committee's purpose. The committee may adopt reasonable rules and regulations, which shall be consistent with the charter and this chapter. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.090. Annual orientation and training.
Each member shall attend any annual orientation or training event organized by the city.
An unexcused failure to attend any such event shall be grounds for removal from the committee.
( Ord. O-2019-02 § 2, 2019 )
City of Placentia, CA
§ 3.32.070 § 3.32.090
Downloaded from https://ecode360.com/PL4986 on 2024-05-21 Westminster
RESOLUTION NO. 2019- 008
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 NeighborhoodSafety, 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 7 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 one Committee Member at large, who 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 Resolution No. 2019- 008
Santa Ana
related working experience in the private or 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. Four 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 analysisof 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 meetingin accordancewith state law. Additional meetingsshall be scheduled as needed, or by direction of City Council.
Resolution No. 2019- 008
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.
Resolution No. 2019- 008
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 5thday of February, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: `cam u- 5
Lisa Storck
Assistant City Attorneye
AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers Reyna ( 1)
Resolution No. 2019- 008
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- 008 to be the original resolution adopted by the City Council of the City of Santa Ana on February 5, 2019.
Date:
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019- 008