Loading...
ORD 556 Financial Advisory CommissionORDINANCE NO.556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.70 OF THE MUNICIPAL CODE TO EXPAND THE MEMBERSHIP AND DUTIES AND CHANGE THE NAME OF THE INVESTMENT ADVISORY BOARD TO THE FINANCIAL ADVISORY COMMISSION IN ORDER TO FULFILL THE CITIZEN OVERSIGHT DUTIES SET FORTH IN MEASURE G AND ORDINANCE 540 WHEREAS, in June 2015, the City Council appointed 14 resident volunteers to an Advisory Committee to evaluate the City's current and long-term financial position; and WHEREAS, in January 2016, the Advisory Committee submitted its Final Report, determining the City's current 10-year planning period projection shows a $50 million deficit; and WHEREAS, the Advisory Committee in its Final Report recommended, among other items; a City -based 1% sales tax increase, subject to voter approval and if approved, subject to review by a citizen oversight committee; and WHEREAS, the Advisory Committee recommended the sales tax be a "general tax" to be used to fund general City services, programs, and projects; and WHEREAS, on May 17, 2016, the City Council adopted Ordinance No. 540 imposing a one percent transactions and use tax ("1% tax"), and called for the measure (Measure G) to be placed on November 8, 2016 general election ballot asking the City's qualified electors to approve the 1% tax; and WHEREAS, at the November 8, 2016 general election, Measure G was passed with 54.73% voter approval (8,233 of 15,042 voted yes); and WHEREAS, Ordinance 540 establishing the 1% tax went into effect December 16, 2016 - ten days after the City Council certified the official canvass of election results for the General Municipal Election held November 8, 2016; and WHEREAS, implementation of the 1% tax will begin April 1, 2017 by the State Board of Equalization with associated revenues transferred to the City quarterly thereafter; and WHEREAS, Ordinance No. 540, Section 2 states: "CITIZEN OVERSIGHT. After this Ordinance [No. 540] becomes effective, the City Council for the City of La Quinta, at an open and public regular or special meeting, shall adopt a resolution that establishes a process to ensure that the revenue received by the one percent (1%) transactions and Ordinance No. 556 Municipal Code Chapter 2.70 revisions Adopted: April 4, 2017 Page 2 of 5 use tax imposed under this Ordinance will be subject to annual review by an independent citizen oversight committee, and will remain used for the provision of services, programs and capital projects in the City of La Quinta"; and WHEREAS, the ballot question placed on the November 8, 2016 ballot before voters was: "Shall an ordinance providing revenue, which the State cannot take, to be used locally for police protection; projects such as parks, streets, landscaping and flood control; programs attracting businesses; youth/senior services; sports/recreation programs; preserving property values and quality of life, by setting a permanent 1% transactions (sales) and use tax, subject to citizen oversight, raising six million dollars annually (estimated), with all funds dedicated to general City services, programs and projects, be adopted?"; and WHEREAS, during a study session at the March 7, 2017 City Council meeting, the Council discussed the formation of a citizen oversight committee and provided direction for its parameters; WHEREAS, the City finds that it is in the best interests of its citizens to expand the size and duties of the Investment Advisory Board to include 1% tax oversight responsibilities, and to change the name to the Financial Advisory Commission; NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Adoption. Chapter 2.70 of the Code entitled INVESTMENT ADVISORY BOARD is deleted in its entirety and replaced with revised Chapter 2.70 attached hereto as "Exhibit A". SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 3. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. Posting: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. Ordinance No. 556 Municipal Code Chapter 2.70 revisions Adopted: April 4, 2017 Page 3of5 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 4th day of April 2017 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Cl rk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: MORGA GALLAGHE� sistant City Attorney City of La Quinta, Calif rnia Ordinance No. 556 Municipal Code Chapter 2.70 revisions Adopted: April 4, 2017 Page 4 of 5 EXHIBIT A Chapter 2.70 FINANCIAL ADVISORY COMMISSION 2.70.010 General rules regarding the financial advisory commission. Except as set out below, see Chapter 2.06 for general provisions. 2.70.020 Number of members. The Financial Advisory Commission (FAC) shall initially consist of seven members appointed by, and serving at the will of the city council. The city council may increase or decrease the number of members from time to time but in no event shall the membership exceed nine members or be less than five members. 2.70.030 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040 of this code, a minimum of three of the members shall be finance professionals and shall have a verifiable background in finance and/or securities, preferably with knowledge and/or experience in markets, financial controls and accounting for securities. B. For those applying for the professional position, background information will be requested and potential candidates must agree to a background check and verification by the city manager or designee. 2.70.040 Powers and duties. A. The principal functions of the FAC are: 1. Review at least annually the city's investment policy and recommend appropriate changes; 2. Review at least quarterly the treasury report and note compliance with the investment policy and adequacy of cash and investments for anticipated obligations; 3. Receive and consider other reports provided by the city treasurer; 4. Meet with the independent auditor after completion of the annual audit of the city's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities; 5. Review at least annually the revenue derived from the one percent (1%) transactions and use tax instituted by voters in November 2016 to ensure these funds are used to provide services, programs and capital projects in the city of La Quinta. 6. Serve as a resource for the city treasurer on matters .such as proposed investments, internal controls, use of or change of financial institutions, custodians, brokers and dealers. B. The FAC will report to the city council after each meeting either in person or through correspondence at a regular city council meeting. 2.70.050 References to the Investment Advisory Board. If any other chapter(s) or section(s) in this code refers to the Investment Advisory Board, that chapter(s) or section(s) shall be deemed to refer to the Financial Advisory Commission established by the ordinance amending chapter 2.70 of this code. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 556 which was introduced at a regular meeting on the 21St day of March, 2017 and was adopted at a regular meeting held on the 4th day of April, 2017 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on April 6, 2017, pursuant to Council Resolution. SUSAN MAYSELS, City Cl k City of La Quinta, California