ORDINANCE NO. 0-2019-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA ADDING CHAPTER 3.32 TO
THE CITY'S MUNICIPAL CODE, ENTITLED
"TRANSACTIONS AND USE TAX, CITIZENS' OVERSIGHT
COMMITTEE"
City Attorney Summary
This Ordinance would add Chapter 3.32 to the City of Placentia Municipal Code, entitled "Transactions and Use Tax, Citizens' Oversight Committee," pursuant to the requirements of Ordinance No. 0-2018-08, adopted by the voters on November 6, 2018. This chapter establishes the Citizens' Oversight Committee required by Ordinance No. 0-2018-08 and sets forth its composition and operating procedures.
A. Recitals
(i) Whereas, Ordinance No. 0-2018-08 was adopted by the City's voters at the November 6, 2018 general election, and by the City Council on November 13, 2018, establishing a 1 % retail transactions and use tax pursuant to the requirements of California Revenue and Tax Code section 7285.9. (ii) Whereas, Ordinance No. 0-2018-08 requires the establishment of a three- person Citizens' Oversight Committee, charged with reviewing the expenditure of funds generated by the tax.
B. Ordinance
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine and ordain as follows:
SECTION 1. The above findings are true and correct and hereby incorporated into this ordinance.
SECTION 2. Chapter 3.32 "Transactions and Use Tax, Citizens' Oversight.
Committee" is hereby added to Title 3 "Revenue and Finance" of the Placentia Municipal Code as follows:
Chapter 3.32 Transactions and Use Tax, Citizen's Oversight Committee
3.32.010 Transactions and Use Tax
There shall be levied and collected a transactions and use tax pursuant to Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Ordinance 0-2019-02
Section 7285.9 of the Revenue and Taxation Code at a rate of 1 %. Such tax shall be governed by Ordinance No. 0-2018-08, which was approved by the voters at the November 6, 2018 general election and by the City Council on November 13, 2018.
This section of the Municipal Code constitutes a restatement of the existing law of the City, as Ordinance No. 0-2018-08 constitutes a part of the law of the City and its provisions became effective as set forth in its text. This section is not intended to amend or change Ordinance No. 0-2018-08 in any way."
The transactions and use tax imposed by Ordinance No. 0-2018-08 is hereinafter referred to in this chapter as the "transactions and use tax" or "tax."
3.32.020 Establishment of Citizens' Oversight Committee.
Pursuant to Ordinance N. 0-2018-08, a citizens' oversight committee is hereby established, and shall be hereinafter referred to in this chapter as the "committee."
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.
3.32.040 Membership.
The committee shall be composed of three (3) 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.
3.32.050 Terms of Office.
Except as otherwise provided in this section, each committee member shall serve a four (4) 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.
3.32.060 Absence from Meeting.
Ordinance 0-2019-02
If a member is absent without excuse from three (3) 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.
3.32.070 Compensation and Reimbursement for Expenses.
The members of the committee shall serve without compensation, as stated in Ordinance No. 0-2018-08. 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.
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.
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.
SECTION 3. Severability. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, even though any one or more sections, subsections, clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
Ordinance 0-2019-02
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on February 5, 2019.
PASSED, APPROVED AND ADOPTED this 19th day of February 2019.
Rhonda Shader Mayor `•'-k ".*S oXP
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I, Patrick J. Melia, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Placentia, held on the 19th day of February 2019 by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
APPROVED AS TO FORM:
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Green,
None
None
None
Christian L. Bettenhausen, City Attorney
Ordinance 0-2019-02
Wanke, Yamaguchi, Smith, Shader
ATTACHMENT 2