Westminster City Council
SUBJECT
Title
Establishment of the Measure Y and E Citizens Oversight Committee.
End
publichearing
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From: Ashton R. Arocho, City Clerk
Erin Backs, Finance Director
Requested by: Administration
Prepared by: Ashton R. Arocho, City Clerk
Erin Backs, Finance Director
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RECOMMENDED ACTION
Recommendation
Consider and adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING RESOLUTION NO. 5245 TO ESTABLISH THE MEASURE Y AND E CITIZENS OVERSIGHT COMMITTEE AND ADOPTING THE COMMITTEE’S ROLES AND RESPONSIBILITES.”
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BACKGROUND
During the Special Election held on March 5, 2024, the residents of Westminster voted and approved the passing of Measure E (Safety, Services and Stabilization Measure) to adopt a new half cent (1/2%) transaction and use (sales) tax. Measure collections began July 1, 2024, and will extend until ended by voters.
Consistent with the City's ongoing commitment to citizen involvement as a fundamental principle of good government, specific citizen oversight and fiscal accountability, the adopted Ordinance included certain fiscal accountability provisions. These requirements are codified in Section 3.11.130 of the Westminster Municipal Code, and require each of the following:
A. Independent Annual Financial Audit. The amount generated by this new general purpose revenue source and how the revenues were used shall be included in the annual audit of the City's financial operations by an independent certified public accountant.
B. Integration of the Use of Funds into the City's Budget and Strategic Planning Process. The estimated revenue and proposed use of funds generated by this ordinance shall be an integral part of the City's budget and strategic planning process, and significant opportunities will be provided for meaningful participation by citizens in determining priority use of these funds.
C. Annual Community Report. A written report will be provided annually to every, household in the City detailing how much revenue is being generated by the ordinance and how funds are being used.
D. Bi -annual Citizen Oversight Meeting. An oversight committee appointed by City Council will convene twice in a yearly period to review and discuss the use of the revenue generated by the measure. City staff will also be available to meet with any group that requests a specific briefing with their members to discuss and answer questions about the revenue generated by the measure and its uses.
E. Enforcement. In the event the City Council, the Citizens Oversight Committee, the City, any employee of the City, or any member of the City Council or the Citizens Oversight Committee fails to take an action required by this Section, any court of competent jurisdiction may order that the action be taken. However, such failure to act shall not invalidate the City's authority to levy any tax or in any way affect the ongoing collection of any tax pursuant to this Ordinance.
The City currently has a Citizens Oversight Committee for Measure Y. Therefore, staff is recommending that the City Council combine both committees by rescinding Resolution No. 5245 which adopted and established the rules and responsibilities for Measure Y and adopt the proposed Resolution to also include the Measure E Revenue.
The Roles and Responsibilities of the Measure Y and E Citizens Oversight Committee are the same as previously approved for the Measure Y Citizens Oversight Committee. The structure calls for a board of five Westminster residents to be appointed by the City Council. Each council member will appoint one representative. The committee members will serve at the pleasure of appointing council members and will serve until the council member leaves office or until the sunset of Measure Y or Measure E.
The current members of the Measure Y Citizens Oversight Committee are:
• Tony Bui, Chair
• Diane Lee Carey, Vice-Chair
• Michael Verrengia, Committee Member
• Anh Tuan-Le, Committee Member
• Robert Furman, Committee Member
The amended committee will continue to have the following responsibilities:
• Review the City's audited annual financial report specifically related to the use of funds generated through Measure Y and Measure E.
• Review general fund revenue and expenditures related to the use of funds generated through Measure Y and Measure E included in the City's annual budget report.
• Report to the City Council regarding their findings following the review of the audited annual financial report and the annual budget report.
This committee is subject to the Brown Act.
FISCAL IMPACT
There is no fiscal impact associated with this item.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Establishing the Measure E Citizens Oversight Committee is required as part of the implementation of Measure E, the Safety, Services and Stabilization ballot measure to adopt a new half cent (1/2%) transaction and use (sales) tax.
In order to meet these requirements, staff is requesting that the City Council hold both measures under one committee.
ATTACHMENTS
1. Ordinance 2609 - Transaction and Use Tax of 2024 (Measure E)
2. Resolution 5245 - Establishing Measure Y Oversight Committee
3. Proposed Resolution Establishing and Combining the Measure E And Measure Y Oversight Committee
4. Exhibit A - Committee Roles and Responsibilities
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager