Report Prepared by: John Tresidder, Deputy City Clerk, City Clerk’s Office
Title
SUBJECT: Continued Public Hearing to Consider the Introduction of an Ordinance Amending Section 3.38.050 “Citizens Oversight Committee” of the Merced Municipal Code to Facilitate the Consolidation of all Current and Future Tax Oversight Committees into One Oversight Commission and Discussion on Changing the Appointments to Planning Commission and the Recreation and Parks Commission to by District
REPORT IN BRIEF
Considers the introduction of an ordinance to consolidate all current and future tax measure oversight commissions into a single commission and opens the discussion on moving Planning Commission and Recreation and Parks Commission appointments to by district.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance 2525, an Ordinance of the City Council of the City of Merced, California, amending section 3.38.050, “Citizens Oversight Committee,” of the Merced Municipal Code; and,
B. Providing staff direction on moving forward with ordinances to appoint Planning Commissioners and Recreation and Parks Commissioners by district.
Body
ALTERNATIVES
1. Introduce as recommended by staff; or,
2. Introduce with amendments (specify in motion); or,
3. Continue to a future meeting; or,
4. Deny
AUTHORITY
City of Merced Charter, Section 200, Section 405, Section 413, and Section 700.
CITY COUNCIL PRIORITIES
Aligns with City Council priority for governmental transparency.
DISCUSSION
At the meeting of June 7, 2021, a Public Hearing was held to review and potentially introduce the attached ordinance. With one Council Member absent, the vote to introduce was split and staff was directed to continue the hearing and provide more information on the need to have one commission review both the Measure C and Measure Y revenue quarterly.
Staff reviewed the number of meetings held, applications received, appointments made, and resignations over the last five years.
It was found that a full four meetings had not been held in that timeframe. Any meetings scheduled to be held were all cancelled due to lack of quorum despite having enough members on the committee. Upon further review, it was found that the last time a full four meetings were held was in 2011.
In the last five years, the City has received 25 applications for the Measure C Citizens’ Oversight Committee with 20 of those applicants being appointed. 13 of those appointed members resigned with an average time served of just over two years. There are currently seven members on the committee with two vacancies.
The above information shows that recruitment of applicants is less of an issue than the turnover that occurs and the attendance of members at meetings once the applicant is appointed.
Previous Background Information
In November of 2005, a general tax measure to fund Police and Fire personnel, as well as road projects and repairs (Measure C), was adopted by the electorate of the City of Merced. A stipulation of the ordinance is that an independent oversight committee be formed to review tax revenue and to ensure the money is being used as the ordinance intended.
In June of 2018, a special tax measure was adopted by the electorate in order to tax legalized cannabis businesses that operate in the City of Merced (Measure Y). The tax is meant to supplement funding for the Recreation and Parks Departments, the Police Department and the Fire Department. The adopted ordinance, like Measure C, requires a committee be formed to review revenue and expenditures and make recommendations to the City Council.
Over the past several years, the Citizens Oversight Measure C Committee has experienced a high turnover rate in membership, with many departing members stating that, while they still review the tax revenue, the expenditures are mostly used for personnel in both Fire and Police, which does not leave any room for new recommendations to the Council. With that statement in mind, staff approached the Measure C Committee with the idea of combining their current oversight with the oversight of the Measure Y revenues in order to inject new life and purpose into the committee and garner new interest in applying to serve on the oversight committee. The idea was well received, and the Measure C Committee directed staff to recommend this direction to the City Council.
At the City Council meeting of August 20, 2018, staff presented the recommendation of the Measure C Committee for discussion. The City Council agreed that the combining of these two committees would be beneficial to the recruitment and retention of individuals to serve on the oversight committee.
At the City Council meeting of February 3, 2020, the City Council adopted an ordinance creating the Tax Transparency Commission, which was the first step in the combining of the current committees.
The attached ordinance reduces the number of members of the Citizens’ Oversight Committee - Measure C to seven, and appoints members by Council District, which will align it with the Tax Transparency Commission and will allow them to review the Measure Y tax revenue as well.
Upon final adoption of the ordinance and the requisite 30-day waiting period, staff will bring forward a Council Business item for official appointment of current Measure C members to the Tax Transparency Commission.
It is requested that the City Council take any testimony at the Public Hearing and introduce the ordinance as requested by staff and additionally provide direction on changing appointments to the Planning Commission and Recreation and Parks Commission to by district.
IMPACT ON CITY RESOURCES
N/A
ATTACHMENTS
1. Draft Ordinance
2. Redline Version
3. Presentation