Loading...
HomeMy WebLinkAboutR 2025-016 RESOLUTION NO. 2025-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A CITIZENS’ SALES TAX OVERSIGHT COMMITTEE FOR THE OVERSIGHT OF MEASURE E-24 FUNDS AND ADOPTING COMMITTEE BYLAWS WHEREAS, on May 28, 2024, the City Council submitted Ordinance No. 731 to the electorate of the City of Arroyo Grande, to add Chapter 3.26 to Title 3 of the Arroyo Grande Municipal Code, and enact a one percent (1%) General Transactions and Use Tax (Sales Tax); and WHEREAS, on November 5, 2024, the electorate of the City of Arroyo Grande approved Measure E, and by extension enacted Ordinance No. 731; and WHEREAS, on February 28, 2025 City Council directed staff to initiate steps to establish a Citizens’ Sales Tax Oversight Committee (“Committee”) to review the use of Measure E sales tax revenues; provide feedback to inform City Council direction on funding by Measure E, and facilitate public input and engagement regarding expenditure of funds; and WHEREAS, a majority vote of the City Council is required to carry forward any recommendation of the Committee; and WHEREAS, the bylaws of the Committee, and any amendments to those bylaws, shall be established by City Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. The Measure E Citizens’ Sales Tax Oversight Committee is hereby established to serve in a solely advisory capacity at the pleasure of the City Council. 3. To carry out its stated purpose, the Committee shall perform the following duties: a. Periodically (at least once annually) review revenue, expenditure and other related reports and information produced regarding Measure E; b. Report to City Council on whether revenues were collected and expended as approved. RESOLUTION NO. 2025-016 PAGE 2 c. The Committee will be a Brown Act compliant body. 4. The bylaws of the Committee as contained in Exhibit A, are hereby approved. 5. Measure E Citizens’ Sales Tax Oversight Committee shall consist of five (5) members selected at-large from a pool of applicants who are registered voters within the City of Arroyo Grande. Members shall serve for a term ending on the January 31st following the expiration of the term of the respective appointing Mayor or Council Member. 6. Environmental Review. The City Council hereby determines that establishing the Committee is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, Cal. Code Regs., tit. 1 4, §§ 15060, subd. (c)(2)-(3), 15378.) 7. Effective Date. This Resolution shall take effect upon adoption. On motion of Council Member Loe, seconded by Council Member Secrest, and by the following roll call vote, to wit: AYES: Council Members Loe, Secrest, Maraviglia, Guthrie, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th day of March, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2025-016 PAGE 2 RESOLUTION NO. 2025-016 PAGE 4 EXHIBIT A CITIZENS’ SALES TAX OVERSIGHT COMMITTEE SALES TAX MEASURE E-24 ADVISORY BODY BYLAWS Section 1: Purpose The official name shall be the “Citizens’ Sales Tax Oversight Committee” (herein referred to as “Committee”). The Committee advises the City Council on the administration and use of Measure E-24 Sales Tax funds. The Committee shall annually review revenues and expenditures from the collection of the tax created by the adoption of Ordinance No. 731, as part of an annual report and audit. The Committee shall, through the City Manager or their designee, submit the Committee’s findings and conclusions to the Ci ty Council. Section 2: Membership Committee members shall be appointed by the City Council. The total membership of the Committee shall consist of five (5) members. The Mayor and each Council Member shall appoint one representative to the Committee, subject to approval by a majority of the Council. Appointees shall be registered voters of the City of Arroyo Grande. Criteria and selection for membership shall not discriminate based upon sex, race, religion, creed, color, age, national or ethnic origin, or any other classification protected by law. Committee members may serve consecutive terms with no term limits. Those seeking appointment to the Committee must submit an application to the City Clerk’s Office. Those Committee members whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said Committee members with a letter and new application form. Applications shall remain valid and on file for one year. All appointees to the Committee are also subject to the City's Ethics Policy and training requirements. Section 3: Term Members of the Committee shall serve for a term ending the January 31st following the expiration of the term of their appointing Mayor or Council Member, as applicable, unless re-appointed. RESOLUTION NO. 2025-016 PAGE 5 Section 4: Remuneration The Committee shall serve without compensation. Section 5: Termination of Membership Any member of the Committee serving shall be terminated in the event the member is no longer a registered voter within the City of Arroyo Grande. Section 6: Removal of Members Members of the Committee may be removed prior to expiration of their term by a majority vote of the City Council. Section 7: Resignation Any Member wishing to resign their membership prior to the scheduled end of their terms shall do so by delivering written notice to the City Clerk. If the notice of resignation does not set forth a resignation date, the resignation will be deemed effective as of the date the notice is received by the City Clerk or the City Clerk’s designee. The acceptance of such resignation shall not be necessary to make it effective. Section 8: Filling of Vacancies In the event of a vacancy on the Board, the City Council shall appoint an individual to fill such vacancy as soon as reasonably practicable consistent with these bylaws. Section 9: Functions and Duties The functions and duties of the Committee shall include, but not be limited to, the following: a. Review the use of E-24 revenue for key community priorities; b. Provide feedback to inform City Council direction on funding by E-24; and c. Facilitate public input and engagement regarding the expenditure of funds. Section 10: Officers a. At the first regular meeting of the Committee wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice Chairperson who shall hold office for a period of one year. b. The Chairperson shall preside over all meetings of the Committee, and otherwise perform such duties as directed by the Committee or Council. The Chairperson may sign documents necessary to carry out the business of the Committee. c. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. RESOLUTION NO. 2025-016 PAGE 6 Section 11: Meetings a. Regular Committee meetings shall be held as needed , at least once annually at a location accessible to the public, in Arroyo Grande, California. b. A notice, agenda and other necessary documents shall be posted on the City' s website and delivered by email to Committee members, at least seventy-two (72) hours prior for a regular meeting. c. The meetings shall be open to the public. d. A quorum shall consist of a majority of the Committee Members then serving on the Committee. e. All actions of the Committee shall be by a majority vote or consensus and shall be directed through the Chairperson. f. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council, if needed. Section 12: Staff Representation a. The City Manager, or their designee, shall serve as the Staff Representative to the Committee and shall be responsible for preparing agendas and reports pertaining to Committee business and shall attend the Committee meeting. b. The Staff Representative, or their designee, shall designate a person to serve as the Clerk to the Committee. The Clerk shall keep the records of the Committee, shall act as clerk at meetings of the Committee, shall record all votes, keep a record of the proceedings of the Committee in a journal of proceedings to be kept for such purpose and shall perform all duties incident to the office. Section 13: Amendments All amendments to the Bylaws shall be approved by the City Council. OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2025-016 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 11th day of March, 2025. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of March, 2025. JESSICA MATSON, CITY CLERK