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Home My WebLink AboutORD 1500ORDINANCE NO. 1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTIONS 35.142 THROUGH 35.150 TO CHAPTER 35 OF TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE TO ESTABLISH THE MEASURE BP SALES TAX STAKEHOLDERS OVERSIGHT COMMITTEE WHEREAS, at the November S, 2022 General Municipal Election, a majority of Baldwin Park voters approved Measure BP, a three-quarters percent (3/4%) local Transactions and Use (Sales) Tax on retail sales occurring in Baldwin Park; and WHEREAS, Measure BP is anticipated to provide Baldwin Park with an additional six (6) million dollars annually in general fund revenues; and WHEREAS, Measure BP funds will be budgeted annually by the City Council for Baldwin Park projects, programs and services; and WHEREAS, the City Council desires to establish the "Measure BP Stakeholders Oversight Committee" ("Committee") consisting of Baldwin Park residents who will advise and recommend to the City Council projects, programs and services to be funded with Measure BP sales tax revenues, and such other duties as prescribed to them by the City Council; and WHEREAS, based upon the recommendations of the Measure BP Advisory Committee, the City Council desires to enact this Ordinance to establish this Committee and to set standards for its membership, organization and operations to best ensure community stakeholder input and representation regarding the allocation and expenditure of sales tax revenue provided by Measure BP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are true and correct and incorporated herein by reference. Section 2. Sections 35.142 through 35.150 are hereby added to Chapter 35 of Title 3 of the Baldwin Park Municipal Code to read as follows: 35.142 - CREATION A "Measure BP Stakeholders Oversight Committee" ("Committee") for the City of Baldwin Park is hereby created, 35.143 — MEMBERSHIP (A) The Committee shall be made up of seven (7) members. 6 543 1.0 00 03\40968700.5 (B) Members must be over the age of eighteen (18) at the time of appointment. (C) Members must be residents of the City of Baldwin Park at the time of appointment and at all times during service on the Committee, unless specifically provided for in subsection (F). (D) Members must not have been convicted of a felony or misdemeanor financial crime. (E) No current employee, retained consultant of the City, or current elected official of the City, is eligible to serve as a Member. Appointed City officials, such as Commissioners, shall be eligible to serve as Members of the Committee if all other Membership requirements are met. (F) Four Members of the Committee shall be selected from the following categories: (1) One (1) Member shall represent a youth sports or arts organization located within the City of Baldwin Park, including coaches, administrators, or members of the board of the organization. (2) One (1) Member shall be a duly ordained member of the clergy representing a religious institution located within the City of Baldwin Park, including but not limited to a priest, rabbi, pastor or minister of that institution. While the individual Member from this category need not be a resident of the City at all times during Committee service, the religious organization that member represents must be located within the City. (3) One (1) Member representing the Baldwin Park Unified School District. While the individual Member from this category need not be a resident of the City at all times during Committee service, the member must be a current teacher or administrator employed by the District, or any current or former member of the District's governing Board. (4) One (1) Member representing a duly organized non-profit corporation or association that is providing social, charitable, educational or similar services within the City of Baldwin Park. While the individual Member from this category need not be a resident of the City at all times during Committee service, the organization that member represents must be providing services within the City. (G) The remaining three (3) Members shall be residents duly qualified under this Section, but need not have any organizational affiliation as required by subsection (F) for the other four (4) Members. 65431 X003140968700.5 (H) Two (2) members of the City Council shall serve as liaisons to the Committee, as appointed by the City Council. Liaisons shall have full authority to appear, speak and participate in Committee meetings but shall not have a vote on Committee recommendations. (1) Non -voting elected City officials, including the City Clerk and City Treasurer, may participate in the Committee as observers. Additional observers may be designated by the Chief Executive Officer ("CEO") as deemed necessary. 35.144 .. APPOINTMENT AND REMOVAL OF MEMBERS (J) The CEO shall develop a procedure to publicly advertise open positions on the Committee and an application process whereby residents meeting the qualifications set forth in Section 35.143 may request an appointment to serve on the Committee. The application process may include candidates submitting a written questionnaire and a candidate interview process. (K) The Members of the Committee shall be selected by lottery or other method of random drawing. The selection shall be performed publicly at a regularly scheduled City Council meeting. For the selection of each of the four (4) Members affiliated with an organization, all candidates within a specific category shall be placed in a random draw and then one Member from that category shall be selected to serve, the process repeating for each category. Resident Members not affiliated with an organization shall be selected by random draw of all eligible applicants. (L) All Members shall serve at the pleasure of the City Council. The City Council, by motion approved at a public meeting by three (3) affirmative votes, may remove a Member from the Committee. (M) Any vacancies on the Committee, whether due to resignation, removal or other reason, shall be filled within sixty (60) days of the vacancy by a replacement duly appointed by the procedure established in subsections (A) and (13). 35.145 - TERM The terms of Committee Members shall be staggered. Four Members shall initially serve four (4) year terms and three Members shall initially serve two (2) year terms. Once the initial seven Members are selected as outlined in Section 35.144 above, the City shall immediately conduct another random drawing to determine the terms each Member will initially serve. The first four names drawn randomly shall initially serve four (4) years terms and the three Members not selected shall initially serve two (2) year terms. Thereafter, each Member will serve a four (4) year term. Members may serve up to two (2) consecutive full terms, upon request made ninety (90) calendar days before the completion of the Member's first term, and with approval of the City Council. 3 65431.000031A096 8700, 5 35.145 - ORGANIZATION Members of the Committee shall nominate and a majority of the Committee shall appoint a Chair and a Vice -Chair from among their current Membership. In the event that no Chair or Vice -Chair is appointed by the Committee, the CEO shall appoint either/or a Chair or Vice -Chair. 35.147 - DUTIES AND RESPONSIBILITIES (N) The primary function of the Committee shall be to provide recommendations to the City Council on City projects, programs and services that should be funded, either in whole or in part, by revenue generated by the Measure BP Transactions and Use (Sales) Tax. (0) The City Council shall consider the Committee's recommendations before making a final decision on spending revenue generated by the Measure BP Transactions and Use (Sales) Tax. (P) The Office of the CEO and the City`s Department of Finance shall track revenues generated by Measure BP and present financial reports to both the Committee and the City Council outlining Measure BP revenues received and spent, as well as City projects, programs and services funded by Measure BP revenues. (Q) Members of the Committee must attend a minimum of half of the Committee meetings held in a given year, with the meeting schedule established pursuant to Section 35.148. Members who fail to meet the minimum attendance requirement shall be subject to removal from the Committee. 35.148 - MEETINGS At its first meeting, The Committee shall establish a regular meeting date and time for its business by resolution, provided that it shall meet on at least a regular quarterly basis. All Committee meetings, whether regular or special, shall be conducted publicly and in accordance with the provisions of the Ralph M. Brown Act codified in Cal. Gov't Code §§ 54950 et seq. The Committee shall keep a record of its proceedings, which shall be open for inspection by any member of the public. 35.149 - COMPENSATION No Committee Member shall receive compensation, or a stipend associated with Membership. 4 65431.00003k4o968700.5 35. 150 .. ADMINISTRATIVE SUPPORT The Office of the CEO, with the assistance of the City Clerk, shall provide administrative services and support to the Committee as appropriate. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council. Section 4. Severability. if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 5 6543 1.00003\40968700.5 PASSED, APPROVED, AND ADOPTED 1st day of March 2023. EMMANUEL J. TDA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on February 15, 2023. Thereafter, said Ordinance No. 1500 was duly approved and adopted at a regular meeting of the City Council on March 1, 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Ayala, Estrada NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Garcia, Damian ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK APPROVED AS TO FORM: .Q--,P I J\- -7�' - MA CO A. MARTIJKVZ CIT ATTORNEY 6 6543 I.00003140968700.5