HomeMy WebLinkAboutRES NO 009-19(1)RESOLUTION NO. 009-19CII
AMENDMENT NO.7 TO RESOLUTION NO_ 009-19
OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELO ESTABLISHING THE CITIZENS
OVERSIGHT COMMITTEE FOR THE BAKERSFIELO
PUBLIC SAFETY/VITAL CITY SERVICES MEASURE
PURSUANT TO THE REQUIREMENTS SET FORTH
WITHIN SECTION 3.38.085 OF THE BAKERSFIELn
MUNICIPAL CODE_
WHEREAS, on November 6, 2018, the voters of the City of Bakersfield
approved Measure IV, the Bcllcersfield Public Safety and Vital Services Measure
("the Measure"); and
WHEREAS, on December 12, 2018, the City Council certified the results of
the Measure; cond
WHEREAS, Ordinance No_ 4958 became effective 10 days from and offer
the dote of its pcossage; and
WHEREAS, on Janucory 9, 201 9, the City Council adopted Resolution No_ 009-
19 establishing the composition of the Citizens Oversight Committee
("Committee") consisting of no more than nine residents of Bcokgrsfield to act in
on advisory capacity to review the expenditure of revenues generated by the tax
imposed by the Measure; and
WHEREAS, Resolution No. 009-1 9 requires each Member of the Committee
to be appointed by majority vote of the Council, and establishes the Committee's
purpose, terms of office cond scope of the Committee's responsibilities and other
related matters; and
WHEREAS, the City Council desires to amend Resolution No_ 009-1 9 to allow
each Councilmember cond the Mayor to nominate one Member to the
Committee whose term shall run concurrent with the nominating official, and to
allow City Council to appoint one at large Committee member by ci majority vote
of the City Council for co term of three years.
NOW, THEREFORE, BE IT RESOLN/EO by the Council of the City of Bakersfield
as follows=
1 The above recitals are true and correct and are incorporated
herein by reference_
2_ Exhibit A to Resolution No. 009-1 9 relating to the Bakersfield Public
Safety/Vital City Services Measure Citizens Oversight Committee
composition, terms of office, scope of responsibilities and other
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related mutters is no longer valid and is hereby replaced by the
attached Exhibit A to this Resolution-
3- Except as amended herein, all other provisions of Resolution No_
009-19 shall remain in full force and effect-
4- This Resolution shall become effective immediately upon its
passage and adoption.
-000-
1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by th�AN 1 c_-il of the City of Bakersfield of o regular meeting thereof held on 2022 by the following vote:
R^
YES' COUNCIL MEMBER ARIAS, GONZA LES, WEIR, SMITH, f"+--.�--.-T%-'�-��, GRAY, 8.
NOES= COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
BSENT' COUNCIL MEMBER Y'22 rY�GLi"l lY�F.i'
JULIE ORIMAKIS) rtf"LL
CITY CLERK and Ex Officio CIerK of
the Council of the City of Bakersfield
JAN 1 9 2022
APPRO\/E[D
By �� '4-4-oir
KAREN GOH
Mayor
APPROVE(] AS TO FORM:
By
J SHUA H_ RU�NICK
eputy City Attorney
JHR/ac
Attachment: Exhibit
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Exhibit "A"
City of Bakersfield
Bakersfield Public Safety/Vital City Services Measure
Citizens Oversight Committee
1. Creation and Purpose: Pursuant to section 3.38.085 of the Bakersfield
Municipal Code (also referred to as Measure N or the Bakersfield Public
Safety/Vital Services Measure) prior to the Operative Date of the Measure,
the City Council shall adopt a resolution establishing the composition of a
Committee of no more than nine residents of City to act in an advisory
capacity to review the expenditure of revenues generated by the tax
imposed by this ordinance. The Committee shall advise City Council on
goals and objectives associated with the revenues imposed by the
ordinance. The City Manager, or City Manager designee, is appointed by
the City Council as the coordinator of the Committee.
The Committee shall provide independent verification that the revenues
collected pursuant to the Measure are expended in such a manner that is
consistent with the projects, programs and services described within the
Measure. The Committee shall exist in this capacity for the duration of
Measure.
2. Duties and Activities:
a. Hold public meetings, in compliance with the Brown Act and
applicable conflicts of interest rules, to receive public comments,
review presentations from City staff and discuss spending priorities
associated with Measure.
b. The Committee will be provided presentations by City staff in
advance of the City annual budget process to allow for
comprehensive review and comment.
c. The Committee may prepare recommendations on funding priorities
for the Measure and present such recommendations to the City
Council in advance of or during the City's annual budget process.
d. The City shall produce an annual report to demonstrate how the
funds subject to the Measure are being expended. The report shall
provide a comprehensive review of the funds received, budgeted
and expended in relation to the tax that is subject to the Measure.��aK�9
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Exhibit "A"
The report shall be provided to the Committee for review upon
completion.
e. The City shall ensure that annual independent audits are conducted
to account for the tax revenues received and expenditures made
in relation to the tax that is subject to this ordinance, and to ensure
consistency with spending priorities. Such audits will be provided to
the Committee for review upon completion.
3. Application Process: Applications for the committee will be made available
at the city clerk's office and on the City's website. Recruitment for
members will occur on an as -needed basis.
4. Appointment of Members: The Committee shall consist of not more than
nine members. Each Councilmember and the Mayor shall nominate a
resident from the City to be a Committee member. Nominations shall be
appointed by majority vote of the City Council and serve at its pleasure. It
is not necessary for a Councilmember to nominate a resident from his or her
ward. A Committee member's term of office shall run concurrent with the
term of his or her nominating Councilmember/Mayor and shall expire upon
any one of the following:
A. The expiration of term of his or her nominating Councilmember/Mayor;
B. The resignation of that Committee member;
C. The removal of that Committee member by majority vote of the City
Council;
D. Upon a change of residence by that Committee member outside the
Bakersfield city limits.
In any case above, a new Committee member shall be nominated by the
corresponding Councilmember/Mayor and appointed by the City Council.
The at large Committee member shall be appointed by majority vote of the
City Council, and shall be appointed to a three year term. There are no
alternate member positions for this Committee.
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Exhibit "A"
5. Qualification of Committee Members:
a. Members shall be at least 18 years of age and reside within the City
of Bakersfield for the duration of their term.
b. Committee members may not be current City of Bakersfield
employees or City of Bakersfield Councilmembers.
c. In making its appointment to the Committee, the City Council may,
at its discretion, consider various factors applicable to each
candidate including, but not limited to the candidate's professional
and educational background and affiliation with or nomination by
groups or organizations that are listed within Resolution 089-18, which
include Greater Bakersfield Chamber of Commerce, Kern County
Taxpayers Association, Bakersfield Association of Realtors and Kern
Citizens for Sustainable Government.
d. The Council may remove any Committee member for any reason by
a simple majority vote.
e. If a Committee member resigns or is removed by the Council, his or
her seat shall be declared vacant. The Council in accordance with
established appointment processes contained within this document,
shall fill any vacancies on the Committee.
6. Compensation/funding: There is no monetary compensation for serving on
the committee and the committee shall not have any form of a budget for
any purposes.
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