HomeMy WebLinkAboutOrdinance 651 Updating CFAC Membership & Report Timing- 2022 UPDATEORDINANCE NO. 651
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA AMENDING
SECTIONS 3.26.120(B) AND 3.26.120(E)
OF THE MORRO BAY MUNICIPAL CODE (MBMC) REGARDING
CITIZENS OVERSIGHT COMMITTEE MEMBERSHIP AND REPORT TIMING
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay currently has a general transactions and use tax (commonly
known as a "sales tax") pursuant to the provisions of Part 1.6 of Division 2 of the Revenue and Taxation
Code (commencing with Section 7251) and Chapter 2.3 of Part 1.7 of Division 2 of the Revenue and
Taxation Code (commencing with Section 7285.9), with a rate of 1 'h percent (1.5%), as approved by
the voters and established in Chapter 3.26 of the Morro Bay Municipal Code ('MBMC'); and
WHEREAS, MBMC Section 3.26.120 currently provides for a seven citizen -member Citizens
Oversight Committee which shall semi-annually review revenues and expenditures from the collection of
the sales tax imposed by this chapter, and provide an annual report to Council on its findings and
conclusions; and
WHEREAS, a five citizen -member Citizens Oversight Committee ("Committee") was established
in 2006 following the passage of Measure "Q" which imposed a .5% sales tax, and
WHEREAS, in 2016 the City Council adopted Ordinance No. 602 in response to the Committee's
request to increase its membership from five to seven members to assist with additional duties and sub-
committee work it had been assigned when acting in the capacity of the Citizens Finance Advisory
Committee; and
WHEREAS, MBMC section 3.26.135 (City amendments) provides "The city council has the right
and
authority to amend this chapter, to further its purposes and intent (including but not limited to amendment
for more efficient administration as determined by the city council), in any manner that does not increase
a tax rate or otherwise constitute a tax increase for which voter approval is required by Article XIII C of
the California Constitution, pursuant to Section 9217 of the California Elections Code.' ; and
WHEREAS, the need for sub -committee work has greatly diminished and the City has been
unable to maintain seven active Committee members, this inability to maintain seven active Committee
members hinders the purposes and intent of the Committee and the City Council determines for
purposes of efficient administration the Committee membership should be reduced to its original size of
five members; and
WHEREAS, to provide for a more thorough and complete annual report from the Committee that
is based on prior year expenditures after the year-end close is almost or entirely complete, and to allow
time for Committee review prior to presentation to the City Council, the City Council determines that for
purposes of efficient administration and consistent with the purposes and intent of the Committee, the
Committee should be authorized to provide no later than the last day of the eighth month (rather than the
sixth month) following the end of each city fiscal year, findings and conclusions to the City Council for
review, pursuant to MBMC section 3.26.120(E), so as to provide more time for review; and
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
SECTION 1: The City Council hereby finds that the recitals set forth above are all true and
correct and are incorporated herein by this reference.
ORDINANCE NO 651
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SECTION 2: Subdivision 3.26 120(B) of the MBMC is hereby amended, in its entirety, to read,
as follows:
follows:
3.26.120 B. Committee Membership. The committee shall have five citizen -members appointed
by the city council for staggered four-year terms. Appointees shall be residents of the city;
however, no member of the committee shall be an elected official. Each unanticipated vacancy
shall be filled only for the duration of the unexpired term for that vacancy.
SECTION 3: Subdivision 3.26.120(E) of the MBMC is hereby amended, in its entirety, to read, as
3.26.120 E. Semi -Annual Report. The committee shall review a semi-annual expense report of
the city relative to activities funded with the additional general purpose local sales tax monies.
Not later than the last day of the eighth month following the end of each city fiscal year, the
committee will present its findings and conclusions to the city council for its review.
SECTION 4. If any section, subsection, 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 section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect 30 days after its adoption. The City Clerk, or her
duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to
be published and posted in the manner required by law.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held on the 12th day of
April 2022, by motion of Council Member Addis, seconded by Council Member Barton.
PASSED AND ADOPTED on the 26th day of April 2022, by the following vote:
AYES' Headding, Addis, Barton, Ford, Heller
NOES° None
ABSENT: None
JOHN4 EADIING, Mayor
ATTEST:
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DANA SWANSON, City Clerk
APPROVED AS TO FORM:
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CHRIS NEUMEYER,-City Attorney
01181.0001/477300.1
ORDINANCE NO 651
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY
I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that
the foregoing Ordinance No. 651 was duly passed and adopted by the City Council of the City
of Morro Bay at the regular meeting thereof, held on the 26th day of April 2022, by the
following vote:
AYES Headding, Addis, Barton, Ford, Heller
NOES None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of
the City of Morro Bay, California, this 741'41%., day of /3pr-J , 2022.
D A SWANSON, City D A Clerk
01181.0001/477300.1