HomeMy WebLinkAbout04-21-2015 C4 Adopt REOC Bylaws and De-fund Commission CompensationCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Michael Codron, Assistant City Manager
Prepared by: James David, Principal Analyst
SUBJECT: CITIZENS’ REVENUE ENHANCEMENT OVERSIGHT COMMISSION
(REOC) BYLAWS AND COMPENSATION
RECOMMENDATION
Adopt the REOC bylaws and introduce an ordinance amending the Municipal Code to remove
compensation of REOC members.
DISCUSSION
REOC Bylaws
The REOC bylaws contain the Commission’s purpose, and policies on conduct, membership,
terms, officers, meetings, attendance, quorum, voting, subcommittees, public records and other
rules and procedures (Attachment 1, Draft REOC Bylaws). The REOC reviewed and approved
the draft bylaws – which includes the standard quarterly meeting schedule – at their first meeting
on January 26, 2015 (Attachment 2, REOC Minutes). The REOC has also selected a Chairperson
(Amy Kardel) and Vice-Chairperson (Ken Kienow). REOC meetings are run according to
parliamentary procedures as defined by Robert’s Rules of Order.
REOC Compensation
The Council adopted a mid-year budget resolution on February 17, 2015 that included
elimination of funding for REOC compensation (Attachment 3, Mid-Year Budget Resolution).
This action requires an amendment to Municipal Code Chapter 2.14.030 to remove
compensation of REOC members (Attachment 5, Draft Council Ordinance). The original July
15, 2014 ordinance that established the REOC is also attached (with mark-up) for reference
(Attachment 4, REOC Ordinance Mark-up).
CONCURRENCES
The REOC members concur with this action to remove compensation.
FISCAL IMPACT
Removing compensation reduces the REOC budget by $3,000 in a two-year financial plan.
Funding will still be available for display advertisements, printing, supplies and outreach
associated with REOC activities. There is also one-time funding for Commissioner training in
2015-16 only.
04/21/15
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REOC Bylaws and Compensation Page 2
ALTERNATIVE
Amend the Mid-year Budget Resolution to keep REOC compensation. This is not advised since
the majority of Council approved the action to eliminate compensation.
ATTACHMENTS
1. Draft REOC Bylaws
2. REOC Minutes, January 26, 2015
3. Mid-year Budget Resolution
4. REOC Ordinance Mark-up
5. Draft Council Ordinance amending Municipal Code
T:\Council Agenda Reports\2015\2015-04-21\REOC Bylaws
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Citizens’ Revenue Enhancement Oversight Commission
The Citizens’ Revenue Enhancement Oversight Commission (REOC) has five members.
Members must be residents and registered voters of the City. When recruiting members, the
City seeks members that have experience with finance, budgeting, or municipal accounting,
though this is not a requirement of membership.
ARTICLE 1. MEETINGS
A. The REOC shall meet a minimum of four times per year to conduct its business.
B. REOC regular meetings will follow the diagram below and be integrated into the City’s
budget processes for the two-year financial plan, fiscal year-end, and financial plan
supplement. Meeting dates may change from year to year according to the actual
budget schedule.
C. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of
commissioners agree to extend the meeting.
Attachment 1
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REOC Bylaws Page 2
D. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street,
San Luis Obispo, California.
E. Special meetings may be called by a majority of the REOC, or by City staff in consultation
with the Chairperson, if additional meetings are necessary to accomplish the purpose
and duties of the Commission.
F. In the event that the REOC desires to hold all or any portion of a regular meeting at a
place other than the Council Hearing Room, then the place of such meeting shall be
posted on at the doors of the Council Hearing Room prior to the time designated for the
meeting in accordance with law.
ARTICLE 2. ELECTION OF OFFICERS
A. The commission shall select a Chairperson and Vice-Chairperson from among its
members to serve for a one-year term beginning with the first meeting following the
start of each fiscal year (July 1).
B. Commissioners shall serve as Chairperson or Vice-Chairperson at the discretion of the
Commission.
C. The Chairperson shall preside at all meetings of the commission. The Vice-Chairperson is
Chairperson in the absence of the Chairperson or in case of inability of the Chairperson
to act.
ARTICLE 3. CONDUCT OF MEETINGS
A. Commissioners should address questions through the chairperson.
B. Members of the audience should address commissioners or other persons present
through the chairperson.
C. Procedure for reviewing public hearing items:
After roll call the Chairperson shall announce to the public the procedures to be followed to
consider the items listed on the agenda and then proceed as follows:
1.The Chairperson shall introduce the items and ask for oral staff reports, as
appropriate.
2.The staff report previously submitted to the REOC shall be placed into the record
with all communications received regarding the item. Staff reports shall be
submitted for all public hearing items in a form acceptable to the Commission.
3.Members of the public wishing to speak on the topic of the agenda item shall be
invited to make a presentation. Public comment shall be accepted for agenda
items that are listed as presentations, business items, or public hearings.
4.Following public testimony on an agenda item, the public hearing or public
testimony portion of the meeting shall be closed to the public and discussion
confined to members of the commission; provided that the commission may
reopen the public hearing or invite additional testimony at any time prior to a
decision on an item on an affirmative vote of the majority of those members
present.
5.The Commission, upon formal motion, shall take action on the item or
recommendation.
Attachment 1
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REOC Bylaws Page 3
ARTICLE 4. QUORUM
A. Three members of the commission constitutes a quorum for the transaction of business.
B. No action of the commission shall become effective without receiving the affirmative
vote of a majority of the members present.
ARTICLE 5. VOTING
A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no
motion or any other action shall be passed or become effective without receiving the
affirmative vote of at least a majority of members present.
B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate,
of the motion or other action.
C. Except as allowed under the Political Reform Action of 1974, any member abstaining
due to a declared conflict of interest shall not participate in the discussion of the items
or otherwise influence or attempt to influence in any manner the decision on the item.
D. All members, when present, must vote except when refraining from participating due to
actual or potential conflict of interest.
E. Commissioners not supporting a motion for action shall summarize the reason for their
vote.
ARTICLE 6. PUBLIC RECORDS
A. Records of all public hearings shall be made available to the public in the office of the
City Clerk.
B. Secretary – Duties: The secretary shall be a representative of the City Clerk’s Office, and
shall keep minutes of each meeting and shall record the official actions taken. The
records of all proceedings shall be available to the council and to the public.
ARTICLE 7. ATTENDANCE
A. Any member of the REOC who fails, for any reason, to attend three (3) regular,
adjourned regular, or specially-scheduled meetings, within any 12 month period, shall
be reviewed by the Chairperson for possible referral to the City Council.
ARTICLE 8. FILLING VACANCIES AND REMOVAL OF MEMBERS.
A. Vacancies shall be filled for unexpired terms. The council, by majority action, may
remove any commissioner as provided in the City Charter.
ARTICLE 9. RULES, REGULATIONS AND PROCEDURES.
A. The Commission may adopt rules, regulations and procedures as required for the
transaction of its business. These rules shall become effective upon approval of the
council.
Attachment 1
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Attachment 2
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Attachment 2
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Attachment 2
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RESOLUTION NO. 10598 (2015Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CHANGES TO THE 2014 -15
BUDGET, INCLUDING THE APPROVAL OF SUPPLEMENTAL
FUNDING REQUESTS
WHEREAS, on June 17, 2014 the City Council approved the 2014 -15 budget; and
WHEREAS, in accordance with the City's Budget and Fiscal Policies, staff has
completed a review of the city's revenue and expenditure trends and has developed revised
budget amounts which are explained and compiled in the Mid -Year Budget Review; and
WHEREAS, the City Manager has recommended the approval of five supplemental
funding requests received from the Administration, Public Works, and Fire Departments.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispothat:
a) The revised revenue and expenditure forecastamounts for 2014 -15 identified in
the Mid -Year Budget Review presented on this date are hereby adopted as the
revisedbudget for 2014 -15.
b) The supplemental funding requests for the operatingprograms of the Fire and
Administration Departments and the Capital Program, with the elimination of
funding for REOC compensation, are herebyapproved.
c) The City Manager is hereby directed to make modifications to work programs,
policies, and other components of the Financial Plan to reflect consistency with
funding approvals set forth in thisresolution.
Upon motion of Council Member Christianson, seconded by Council Member Carpenter, and on
the following roll call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
R 10598
Attachment 3
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Resolution No. 10598 (2015 Series)
Page 2
The foregoing resolution was adopted this 17th day of February, 2015.
Mayr an Marx
ATTEST:
t
tlthony ejia,
City Clerk
APP VED AS JX I -'ORM:
Xrj.tine Dietr
CityAttorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this " day of F-! br,j a r .=_ , 2oi5
Attachment 3
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ORDINANCE NO. 1605 (2014 Series)
ANORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE
CITIZENS' REVENUE ENHANCEMENT OVERSIGHT COMMISSION (REOC)
WHEREAS, the voters of the City of San Luis Obispo approved a half - percent sales tax
in 2006, which is now codified as Municipal Code Chapter 3.15 Essential Services Transactions
Sales) and Use Tax (Essential Services Tax); and
WHEREAS, the Essential Services Tax is a general purpose tax and was established to
protect and maintain essentialservices; and
WHEREAS, Municipal Code Chapter 3.15.040 includes a number of accountability
provisions to ensure citizen oversight and transparency of therevenues and expenditures
collected through this general purpose tax; and
WHEREAS, the Essential Services Tax will expire in March 2015 if it is not extended
by the voters of San Luis Obispo during the November 2014General Election; and
WHEREAS, the City Council of the City of San Luis Obispo plans to submit a ballot
measure to the voters of San Luis Obispo to extend the Essential Services Tax for an additional
eight years; and
WHEREAS, the City Council wishes to enhance City accountability for the use of voter
approved revenues and, therefore, is proposing to establish theRevenue Enhancement Oversight
Commission (REOC) for the purpose of reviewing revenues and expenditures from the Essential
Services Tax, reporting to the community and the City Council about the City's stewardship of
these revenues, and recommending expenditures to the City Council that are consistent with the
purpose of Municipal Code Chapter 3.15 and the preferences of City residents; and
WHEREAS, Article XII of the City's Chartergives the City Council authority to
establish new Commissions by ordinance as the Council deemsnecessary to give it advice or
assistance.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. New Chapter 2.14 (Revenue Enhancement Oversight Commission) is
hereby added to the San Luis Obispo Municipal Code to read as follows:
Chapter 2.14
Revenue Enhancement Oversight Commission
2.14.010 CommissionEstablished andPurpose
The Revenue Enhancement OversightCommission (REOC) is herebyestablished to review,
report, and make recommendations regarding the use of revenues collectedthrough the City's
01605
Attachment 4
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Ordinance No. 1605 (2014 Series)
Page 2
voter - approved general purpose, half - percent sales taxauthorized by Section 3.15 of the
Municipal Code. The REOC is authorized to review these tax revenues and expenditures, report
on the City's stewardship of this general purpose tax, and provide recommendations directly to
the City Council regarding expenditures of these tax revenues as an integral part of the budget
process. Theestablishment of the REOC shall be effective upon voter approval of a revenue
enhancement measure to be proposed in November 2014 and shallcontinue in existence as long
as Municipal Code Chapter 3.15, adopted by suchmeasure, is in effect.
2.14.020 Membership and appointment.
The REOC shall consist of five (5) members who are residents of the City. Members shall be
appointed by the whole City Council through a public application and appointment process.
When recruiting members, the City will seek membersthat have experience with finance,
budgeting, or municipal accounting.
2.14.030 Term of office and Compensation.
A. Terms. Of the members first appointed, three shall be appointed for the term of
three years, and two shall be appointed for two year terms. Subsequent
appointments to the REOC shall be for three years. Vacancies during the term
shall be filled by the City Council for the unexpired portion of the term. Members
may be removed by the City Council with or without cause by a majority vote of
the City Council.
B. Compensation. Members shall earn a stipend equal to that earned by the
PlanningCommission. Theamount of the stipend shall be indicated in the
Commission's by -laws.
2.14.040 Powers and duties.
The REOC shall meet a minimum of four times per yearto perform its duties, as follows:
A. Generally. The REOC shall have the authority to conduct public hearings as
directed by the City Council or city policy. The REOC shallexercise the duties
conferred upon it bythisordinance, and as necessary to achieveits purpose.
B. Annual Community Report. The REOC shall conduct a public hearing annually
to review and take public testimony on the Essential Services Measure Annual
Report.
C. Annual Audit. The REOC shallmeet annually to review the audited financial
statements contained in the Comprehensive Annual Financial Report for the
Essential Services Measure.
D. Annual CitizenOversight Meeting. The REOC shall hold an annualEssential
Services Measure Community Forum for the purpose of taking input from
residents and community membersonpreferences for the use of therevenues
generated by the Essential Services Tax.
E. Budget Recommendations. The REOC shall meet for the purpose of making
recommendations to the City Council regarding the uses of revenue generated by
theEssential Services Measure. The REOC shall take into consideration the input
provided by residents and community members during the Annual Citizen
Oversight Meeting, the purpose of the Essential Services Measure, the Major City
Attachment 4
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Ordinance No. 1605 (2014 Series)
Page 3
Goals established by the City Council, and the amount of revenue available from
past fiscal years, and projected to be available during the next fiscal year, in
making its budgetrecommendations to the Council.
F. Outreach and Education. The REOC shall be authorized to perform outreach
and educational activities so that residents and community members are informed
about the costs and benefits associated with the collection and use of revenue
generated by the Essential Services Measure.
SECTION 2. Effective Date. This ordinance will become effective following the passage
of an extensionto the Essential Services Measure, San Luis Obispo Municipal Code Chapter
3.15, which will be voted on by the voters of the City of San Luis Obispo during the November
2014General Election. In the event the revenue extension measure is not approved by the voters,
this ordinance shall not take effect.
SECTION 3. This ordinanceshall expire with the City's authority to levy the tax
imposed by Municipal Code Chapter 3.15, consistent with Section 3.15.030 of said chapter as it
now exists or mayhereafter be amended by the voters of the City of San Luis Obispo.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 1 st day of July 2014, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15th day of July 2014, on the following roll call
vote:
AYES: Council Members Ashbaugh Smith,
Vice Mayor Christianson and Mayor Marx
NOES: Council Member Carpenter
ABSENT: None
ATTEST:
tithony J. meka, CM
City Clerk
APPROVED AS TO MRM:
Christine Dietrick
City Attorney
Mayor bin Marx
Attachment 4
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ATTACHMENT 5
O _____
ORDINANCE NO. (2015 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL
CODE CHAPTER 2.14.030 TO REMOVE COMPENSATION OF CITIZENS’ REVENUE
ENHANCEMENT OVERSIGHT COMMISSION (REOC)
WHEREAS, the City Council adopted an ordinance establishing the REOC on July 15th
2014, which included compensation of REOC members for their service; and
WHEREAS, the City Council adopted a resolution as part of mid-year budget review on
February 17th, 2015 that included removal of funding for compensation of the REOC; and
WHEREAS, the REOC members held their regularly scheduled meeting on March 16th,
2015 and concurred that compensation for their services is unnecessary; and
WHEREAS, Article XII of the City’s Charter gives the City Council authority to
establish new Commissions by ordinance as the Council deems necessary to give it advice or
assistance.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 2.14.030 of the San Luis Obispo Municipal Code is amended to
read as follows:
2.14.030 Term of office.
A. Terms. Of the members first appointed, three shall be appointed for the term of
three years, and two shall be appointed for two year terms. Subsequent
appointments to the REOC shall be for three years. Vacancies during the term
shall be filled by the City Council for the unexpired portion of the term. Members
may be removed by the City Council with or without cause by a majority vote of
the City Council.
SECTION 2. Effective Dates. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21st day of April 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of _____ 2015, on the following roll call
vote:
AYES:
NOES:
ABSENT:
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Ordinance No. (2014 Series) ATTACHMENT 5 Page 2
Mayor Jan Marx
ATTEST:
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
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