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Item 4.2 - Adoption of a Reso to Amend the Charter for the Budget Review Committee(ED DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT January 15, 2019 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager 858-668-4502 or wkaserman@poway.org APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. 1404 Adoption of a Resolution to Amend the Charter for the Budget Review Committee The City of Poway established the Budget Review Committee (BRC) to recognize the importance of resident involvement and input in the development of the City budget and to improve the transparency and readability of the budget document. Staff is recommending an update to the BRC Charter to align the Charter with the City's Financial Policy and to refine the duties of the committee. Recommended Action: It is recommended that the City Council adopt the attached resolution amending the Charter of the Budget Review Committee. Discussion: The City Council recognizes that the City has many residents who are experienced and knowledgeable business persons who can provide additional insight into the City's budget. The BRC plays an important role in providing communication with the community about the budget process and limitations within which the City operates. BRC members learn about all facets of the City budget, and with this knowledge they are able to educate other members of the community about the City's revenues and expenditures as well as budget priorities and limitations. BRC members participate in a series of meetings each spring to review the proposed Operating and Capital Improvement Program budgets to develop an understanding of revenue sources, expenditures, and budget limitations, and provide input on budget proposals prior to presentation of the City Manager's recommended budget to the City Council. The BRC works under a compressed meeting schedule because they cannot begin meeting until the preliminary budget can be developed for discussion and must complete work in time for the budget to go to the City Council for approval in June. In recognition of the tight timeframe within which the BRC meets and must complete its work, staff is recommending an amendment to the BRC Charter to refine the BRC's role. The BRC will continue to be responsible for reviewing the operating and capital budgets, making recommendations to improve the readability of the budget document, and making recommendations regarding strategies for revenues and expenditures. To allow the BRC to focus on these important tasks, the charter is being revised to exclude policy discussions and/or policy recommendations to the City Council. The reference to the City's two-year budget cycle in Section 1 of 11 January 15, 2019, Item # 4.2 Amendment of the Charter for the Budget Review Committee January 15, 2019 Page 2 III is removed since the City has returned to a single year budget cycle. The appointment cycle and membership term itself for members of the BRC will remain unchanged. Additionally, Section IX is amended to include requirements pertaining to the conduct and training requirements for committee members in compliance with California Government Code or as assigned by the City. The BRC meetings are subject to the Brown Act, and the charter is revised to reflect this requirement in Section X. There are five vacancies on the Budget Review Committee. If Council approves the recommended changes to the Charter, the City Clerk will accept applications, (available on the City's website and in the City Clerk's office) from January 16, 2019 through February 15, 2019, from Poway residents wishing to serve on the Budget Review Committee. The City Council could then review the applications and make appointments to the Committee at the March 5, 2019 City Council meeting. Environmental Review: This item is not subject to CEQA Review. Fiscal Impact: None. Public Notification: A copy of the amended BRC Charter will be posted on the City's website upon City Council approval. Attachments: A. Resolution to Amend the Charter for the Budget Review Committee B. Redline showing amendments to the Charter Reviewed/Approved By: Wendy Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Tina M. White City Manager 2 of 11 January 15, 2019, Item # 4.2 RESOLUTION NO. 19 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING AND ADOPTING THE CHARTER FOR THE BUDGET REVIEW COMMITTEE WHEREAS, on February 17,1981, the City Council appointed five citizens to serve as a Budget Review Committee; WHEREAS, on August 5, 1986, this Committee was formally established, and a charterwas adopted; WHEREAS, by Resolution No. 02-039, this charter was amended; and WHEREAS, it is again desirable to revise the charter for this Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Resolution No. 02-039 is rescinded. The Budget Review Charter, attached as Exhibit "A" is adopted. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 15th day of JANUARY 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk 3 of 11 Attachment A January 15, 2019, Item # 4.2 Resolution No. 19 - Page STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-*** was duly adopted by the City Council at a meeting of said City Council held on the 15th day of January 2019, and that itwas so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: A. Kay Vinson, Interim City Clerk City of Poway 4 of 11 January 15, 2019, Item # 4.2 EXHIBIT A Resolution No. 19 - Page CITY OF POWAY BUDGET REVIEW COMMITTEE SECTION I PURPOSE The purpose of the Budget Review committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager and report its findings to the City Council. SECTION II DUTIES The Budget Review committee shall have the following duties as determined by the Poway City Council: With the assistance of staff, review the budget as prepared by the City Manager. As appropriate, suggest means of improving the format of the budget in order that it be easily read and comprehended. Review terminology used within the budget such that it may be easily understood by all interested readers. 4. Suggest areas that the City Council may wish to establish specific strategies pertaining to either revenues or expenditures. 5. Review the budget activity goals and objectives as well as the activity workload statistics. 6. Prepare a final written report to be presented to the City Council at the public hearing regarding the budget. SECTION III MEMBERSHIP The Budget Review committee shall consist of five (5) members appointed by the Mayor with the concurrence of the City Council. Each Councilmember shall offer one nomination for appointment to the committee for Council consideration. Committee members shall be residents of the City of Poway. 2. The term of membership shall be for two years. 3. The City Manager or designee shall be an ex officio member of the committee. 5 of 11 January 15, 2019, Item # 4.2 Resolution No. 19 - Page SECTION IV VOTING Each committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the membership of the committee or three (3) votes. SECTION V. TERMINATION OF MEMBERSHIP If a member misses more than three (3) consecutive meetings of the committee, without prior authorization from the Mayor, such membershall be considered to have resigned from the Committee. In addition, any member of the Committee may be removed at any time and without cause by a majority vote of the City Council. SECTION VI. MEETINGS OF MEMBERS Regular meetings of the committee shall be scheduled at a time and place agreed to by the committee which will facilitate the attendance and input of the public. Special meetings may be called at any time by the chairperson or three (3) or more members. SECTION VII OFFICERS The officers of the committee shall be the chairperson and vice chairperson. The City Manager or designee, as an ex officio member of the committee, shall serve as secretary to the committee. SECTION VIII DUTIES OF OFFICERS The Chairperson shall preside at all committee meetings. 2. The Vice Chairperson shall assume all the duties and responsibilities of the Chairperson in the Chairperson's absence. 3. The Secretary shall prepare agendas and shall give notice of regular and special meetings of the committee. SECTION IX CONDUCT Conflict of Interest. Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of 6 of 11 January 15, 2019, Item # 4.2 Resolution No. 19 - Page Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. 2. Ethics Training. Committee members are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. 3. City's Code of Ethics. The City's Code of Ethics shall be upheld by all Committee members. 4. Sexual Harassment Prevention Training and Education. Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661, Government Code Section 53237, et seq. 5. Additional Requirements. Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. SECTION X BROWN ACT COMPLIANCE All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 54956) SECTION XI. COMPENSATION Members of the committee shall serve without compensation. 7 of 11 January 15, 2019, Item # 4.2 REDLINE CITY OF POWAY BUDGET REVIEW COMMITTEE SECTION I PURPOSE The purpose of the Budget Review committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager and report its findings to the City Council. SECTION II DUTIES The Budget Review committee shall have the following duties as determined by the Poway City Council: With the assistance of staff, review the budget as prepared by the City Manager. As appropriate, suggest means of improving the format of the budget in order that it be easily read and comprehended. Review terminology used within the budget such that it may be easily understood by all interested readers. Suggest areas that the City Council may wish to establish specific strategies pelisies pertaining to either revenues or expenditures. 5. Review the budget activity goals and objectives as well as the activity workload statistics. 6. Prepare a final written report to be presented to the City Council at the public hearing regarding the budget. SECTION III MEMBERSHIP The Budget Review committee shall consist of five (5) members appointed by the Mayor with the concurrence of the City Council. Each Councilmember shall offer one nomination for appointment to the committee for Council consideration. Committee members shall be residents of the City of Poway. 8 of 11 Attachment B January 15, 2019, Item # 4.2 The City Manager or #+s designee shall be an ex officio member of the committee. SECTION IV VOTING Each committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the membership of the committee or three (3) votes. SECTION V. TERMINATION OF MEMBERSHIP If a member misses more than three (3) consecutive meetings of the committee, without prior authorization from the Mayor, such membershall be considered to have resigned from the Committee. In addition, any member of the Committee may be removed at any time and without cause by a majority vote of the City Council. SECTION VI. MEETINGS OF MEMBERS Regular meetings of the committee shall be scheduled at a time and place agreed to by the committee which will facilitate the attendance and input of the public. 2. Special meetings may be called at any time by the chairperson or three (3) or more members. SECTION VII OFFICERS The officers of the committee shall be the chairperson and vice chairperson. The City Manager or 4is designee, as an ex officio member of the committee, shall serve as secretary to the committee. SECTION VIII DUTIES OF OFFICERS The Chairperson shall preside at all committee meetings. The Vice Chairperson shall assume all the duties and responsibilities of the Chairperson in the Chairperson's absence. The Secretary shall prepare agendas and shall give notice of regular and special meetings of the committee. 9 of 11 January 15, 2019, Item # 4.2 SECTION IX CONDUCT Conflict of Interest. Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. 2. Ethics Training. Committee members are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. 3. City's Code of Ethics. The City's Code of Ethics shall be upheld by all Committee members. 4. Sexual Harassment Prevention Training and Education. Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661, Government Code Section 53237, et seq. 5. Additional Requirements. Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. SECTION X BROWN ACT COMPLIANCE All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 10 of 11 January 15, 2019, Item # 4.2 54956) SECTION XI. COMPENSATION Members of the committee shall serve without compensation. However, mnmhnrc chn0 bA r mh r od for carryingout 4hnir dutle& 11 of 11 January 15, 2019, Item # 4.2