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 Section 7285.9 of the Revenue and Taxation Code at a rate of 1%. Such tax shall be governed by Ordinance No. O-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. O-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. O-2018-08 in any way.
The transactions and use tax imposed by Ordinance No. O-2018-08 is hereinafter referred to in this chapter as the "transactions and use tax" or "tax."
(Ord. O-2019-02 § 2, 2019)
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.
(Ord. O-2019-02 § 2, 2019)
The committee shall be composed of three 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.
(Ord. O-2019-02 § 2, 2019)
Except as otherwise provided in this section, each committee member shall serve a four 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.
(Ord. O-2019-02 § 2, 2019)
If a member is absent without excuse from three 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.
(Ord. O-2019-02 § 2, 2019)
The members of the committee shall serve without compensation, as stated in Ordinance No. O-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.
(Ord. O-2019-02 § 2, 2019)
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.
(Ord. O-2019-02 § 2, 2019)
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.
(Ord. O-2019-02 § 2, 2019)