The URL can be used to link to this page

Home My WebLink About9/21/2011 - STAFF REPORTS - 3.A. iy c V N f f q</PORN\ City Council Staff Report DATE: SEPTEMBER 21, 2011 LEGISLATIVE SUBJECT: PROPOSED ORDINANCE APPROVING THE CREATION OF THE MEASURE "J" OVERSIGHT COMMISSION SUBJECT TO RATIFICATION OF MEASURE "J" BY THE VOTERS OF PALM SPRINGS ON NOVEMBER 8, 2011. FROM: David H. Ready, Esq., Ph.D., City Manager SUMMARY The City Council will consider an ordinance establishing a community based Measure "J" Oversight Commission, subject to the ratification of Measure "J" by the voters at the November 8, 2011, General Municipal Election. RECOMMENDATION: Waive reading and introduce by title only for first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE MEASURE "J" OVERSIGHT COMMISSION." STAFF ANALYSIS: On July 20, 2011, the City Council unanimously adopted Resolution No. 23000, which placed on the November 8, 2011, General Municipal Election, a ballot question and ordinance (Measure "J") which asks the voters of the City of Palm Springs to consider a one percent (1%) local transactions, sales and use tax. Measure "J" provides funding that cannot be taken by the State to help protect and stabilize city programs, including police, fire, library, parks, street/pothole repair, and the acquisition and development of garages and parking facilities, and installation and maintenance of improvements and facilities in conjunction with the implementation of Downtown redevelopment. Additionally, Measure "J" provides for independent annual audits, and requires such audits are publically distributed. Another important component of the public transparency and input would be the establishment of a citizen and community based ITEM NO.3• A City Council Staff Report Measure"J" Oversight Commission September 21,2011 -- Page 2 Oversight Commission. The attached Ordinance establishes a Measure "J" Oversight Commission which would advise the City Council and ensures citizens review and oversight of the revenues and expenditures of Measure "J" funds, in an open and public setting, subject to the open meeting laws. This Commission will be comprised of Palm Springs residents and charged with serving as community watchdogs. The members will be appointed to provide various local perspectives and ensure that taxpayers have their voices heard. Each of the members will be independent—they will not be City employees or contractors. The City is committed to transparency. During the past three years, all of the cities in Coachella Valley, and through out the State of California, have seen significant decreases in annual revenues which challenge the ability of the cities to preserve services. Palm Springs has met this severe challenge by comprehensively restructuring the City's organization. The City's budget has been reduced by more than $10 million annually. 110 positions have been eliminated and the City has reduced salaries for the City Council and employees. Along with restructuring its benefits programs, these actions have collectively provided the City with balanced annual budgets and reduced costs; however, the City has been unable to address the need to revitalize the downtown area, library, parks, streets, infrastructure, and capital improvements. Due to these growing needs the City Council has placed Measure "J" on the November 8, 2011, ballot, which if approved, will provide funding to address the many unmet needs throughout the City. The Measure "J" Oversight Commission will ensure that Palm Springs citizens and community are actively involved in reviewing, monitoring and advising the City Council as to Measure "J" revenues and expenditures . FISCAL IMPACT: None. David H. Ready, City Manager Attachments: Proposed Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF THE MEASURE "J" OVERSIGHT COMMISSION. City Attorney's Summary This ordinance establishes a seven member Measure J" Oversight Commission appointed by the City Council to review and make recommendations to the City Council on the use of funds generated by the implementation of Measure "J," a 1% transactions, sales, and use tax for a specified period. The City Council of the City of Palm Springs finds: A. Pursuant to Article XIIIC of the Constitution of the State of California, and Sections 200 and 201 of the Charter of the City of Palm Springs, the City Council ordered Measure "J" be submitted to the qualified electors of the City at the November 8, 2011, General Municipal Election, on whether to approve a one percent (1%) Transactions, Sales and Use Tax for a period of twenty-five (25) years. B. In the event Measure "J" is approved by a majority of the City's qualified electors, the City Council desires that a commission of the City provide oversight of the use of the proceeds generated from the tax. The Council of the City of Palm Springs ordains: SECTION 1. Chapter 2.29 is added to the Palm Springs Municipal Code to read: Chapter 2.29 Measure "J" Oversight Commission Section: 2.29.010 Creation 2.29.020 Tenn; Vacancies; Vote 2.29.030 Officers 2.29.040 Meetings; Rules of Procedure 2.29.050 Powers and Duties of the Commission 2.29.010 Creation There is created within the City of Palm Springs the Measure "J" Oversight Commission consisting of seven members, appointed by the City Council, to serve at the pleasure of the City Council. 03 Ordinance No._ Page 2 2.29.020 Tenn; Vacancies; Vote A. Members of the Commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that in order to ensure a stagger of appointees, the initial appointments shall be for staggered terms as determined by the City Clerk B. A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission pursuant to this chapter. Four members shall constitute a quorum of the Commission, and any ruling, decision or other action of the Commission may be taken by a majority of those members present, provided a quorum is present. 2.29.030 Officers The Commission, at its organizational meeting and annually thereafter, shall elect from its membership a chair and vice-chair. The chair and vice-chair shall have and perform such duties as are commonly associated with their respective titles. The city manager may appoint an executive secretary and other staff, and provide compensation for their services as may be authorized by the City Council. The City Treasurer/Director of Finance shall be the City staff liaison to the Measure "J" Oversight Commission. 2.29.040 Meetings; Rules of Procedure The Commission shall meet at least once each quarter at such time and place as shall be fixed by the Commission by its standing rules. A majority of the existing appointed members of the Commission shall constitute a quorum for the transaction of business. The Commission may establish such rules and regulations as it deems necessary for the conduct of its business. In matters relating to the holding of regular and special meetings, the Commission and any standing committee of the Commission, is bound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et. seq., California Govemment Code). 2.29.050 Powers and Duties of the Commission Within the limitations provided by law, the Measure "J" Oversight Commission shall review the projected revenues and recommended expenditures for the funds generated by Chapter 3.22 of this Code and shall make recommendations to the City Council as a part of the City s annual budget process. The Commission shall have the following powers and duties: (1) Establish a schedule of regular meeting times; (2) Make recommendation to the City Council regarding: (a) Programs and projects proposed to be funded in whole or in part by Measure "J" revenues; (b) Oversee and monitor expenditures of all Measure "J" funds, after the City Council has approved any program or project with Measure "J" funds; (c) Review the annual independent audit of revenues received by and expenditures from Measure "J" funds prior to the audit's presentation to the Council; 2 04 Ordinance No._ Page 3 (d) Review the Director of Finance's estimate of Measure "J" revenues for each fiscal year prior to Council adoption of the annual General Fund Budget. (3) Perform such other duties as the City Council may assign. SECTION 2. The City Council recognizes that the passage of Measure "J," a general tax measure, will result in additional general tax revenues that the City can use for any governmental use or purpose as allowed under the City of Palm Springs Charter, the Palm Springs Municipal Code, and the laws of the State of California. It is the desire of the City Council that revenues attributed to Measure "J" should be used for projects, programs, services, and other opportunities that have been or would be unfunded or underfunded under current and anticipated budget restrictions. The City Council therefore finds that the creation and implementation of the Measure "J" Oversight Commission will ensure that the proceeds of Measure "J" are used for projects, programs, and services that are beneficial for, and will maintain and/or improve the overall quality of life of, the residents of the City of Palm Springs. SECTION 3. 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 or the date on which the City Council certifies voter approval of Measure "J," whichever occurs last. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF 2011. STEPHEN P. POUGNET, MAYOR ATTEST: APPROVED AS TO FORM: James Thompson, City Clerk Douglas Holland, City Attorney 3 05 Ordinance No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 17 was introduced at a regular meeting of the Palm Springs City Council on the day of , 2011, and adopted at a regular meeting of the City Council held on the day of 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 4 Qo