HomeMy WebLinkAbout12.07.2016 SP Minutes @6:30 MINUTES
sdik, SPECIAL MEETING
A
MEASURE W CITIZENS
'
-: OVERSIGHT COMMITTEE
u/F-6 V (COC)
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
CITY HALL CONFERENCE ROOM
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, DECEMBER 7, 2016
6:30 p.m.
1. Call to Order. Time: 6:31 p.m.
2. Roll Call. PRESENT: COC Members Alcalde,
Tzang and Wong, Interim Vice
Chairman Zemke and Interim
Chairman Brosnan.
ABSENT: None.
3. Public Comments—comments are limited to items on the Special Meeting
Agenda.
Resident Mina Richardson addressed the Committee. She queried whether this was its first meeting.
She next questioned how often meetings would be held as well as the public noticing process for the
meetings. Finally she questioned the frequency of the Finance Director's attendance at the meetings
as well as the frequency with which the current budget would be presented.
Finance Director Lee advised that this was the Committee's second meeting and that the regular
meeting schedule would be established under Agenda Item No. 7 below. Public noticing was handled
via the City' Brown Act processes for meeting noticing. Finance Director Lee further advised he
would be present at all of the meetings of the Measure W COC and would present a budget update at
every session.
MATTERS FOR CONSIDERATION
4. Informational Session on the Brown Act. (Lindsay D'Andrea, Assistant City
Attorney).
Assistant City Attorney D' Andrea provided a presentation on the Brown Act (the Act). She stated
that the Act ensures that the public's business is conducted openly. The basic rule is that any meeting
of the legislative body is open to the public, whether that Legislative Body is elected or appointed. A
majority of committee members may not, outside a noticed meeting, discuss, deliberate, or take action
on any item of business. Issues for members to be cautious of included serial meetings often
described as "hub and spoke," daisy chains or forwarded and group copied emails. She advised on
each of these pitfalls and how to prevent against them. Regarding meeting noticing, Attorney
D'Andrea advised regular meetings must be noticed 72 hours in advance and special meetings
required 24 hours' notice. The public has the right to participate in the meeting vis-à-vis "Public
Comments,"however the Legislative Body cannot take action on items not on the agenda before it.
The public is permitted to take video or audio recordings of the meeting.
COC Member Alcalde queried whether the Committee could request that meeting attendees,
including members of the public, silence their cell phones during meetings.
Attorney D'Andrea advised that the Legislative Body could request that cell phones be silenced for
meetings. However, members of the public could not be asked to turn their cell phones off if using
the device to record the meeting.
Interim Chair Brosnan queried whether every agenda item had a public comment section.
Attorney D' Andrea advised that public comments could be made on any agendized item for special
meetings and any topic for regular meetings. Further, public comments could be made anonymously
without the requirement of a speaker card.
Interim Chair Brosnan noted that COC Members should avoid discussion of City business at social
gatherings.
Attorney D' Andrea confirmed that City business should not be discussed amongst COC Members at
social gatherings,but that they were free to talk about anything else.
Mrs. Richardson queried penalties for Brown Act violations as well as where to report violations of
the Act.
Attorney D'Andrea stated Brown Act violations may be punished in various ways, including with
criminal sanctions. The District Attorney would handle suspected violations.
Interim Chair Zemke queried the best way for a COC Member to distribute an article that might be of
interest to the Committee.
Attorney D'Andrea suggested providing the article to staff for distribution to the Committee in a way
that is compliant with the Brown Act.
SPECIAL MEASURE W CITIZENS' OVERSIGHT COMMITTEE MEETING DECEMBER 7,2016
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5. AB 1234 Ethics Training Compliance Information. (Krista Martinelli, City Clerk)
Staff explained the Committee's AB 1234 Ethics Training obligation noting that California
Government Code Section 53234 (also known as AB 1234) requires that certain city officials and
employees take ethics training every two (2) years and within one (1) year of new appointment. As
new members of the Measure W COC, all members of the Committee would need to submit
certificates of completion of AB 1234 training to the City's Human Resources Department by
October 19, 2017.
6. Report regarding a resolution acknowledging receipt of the draft Fiscal Year
2015-16 Comprehensive Annual Financial Report. (Richard Lee, Director of
Finance)
6a. Resolution No. 1-2016 acknowledging receipt of the draft Fiscal Year
2015-16 Comprehensive Annual Financial Report.
Finance Director Lee presented the staff report. He advised the Comprehensive Annual Financial
Report (CAFR) is a required document that conveys the City of South San Francisco's financial
condition. A CAFR is issued at the end of every fiscal year, which begins July 1st and ends June 30th.
The Fiscal Year 2015-16 CAFR would be formally presented to the City Council in early 2017 for
acceptance. For purposes of review by the Measure W COC, the General Fund Combining Balance
Sheets Report provided assets liabilities and fund balances for both General Purpose (Fund 100) and
Measure W (Fund 101), which was combined for compliance, reporting and presentation purposes as
the "General Fund"throughout the CAFR. As of June 30, 2016, Measure W assets totaled $1.32
million, while total liabilities were $41 thousand, leaving $1.28 million in fund balance. Director Lee
explained that the General Fund Combining Schedule of Revenues, Expenditures, and Changes in
Fund Balances, colloquially termed the income statement or profit and loss statement, showed audited
revenues of$1.49 million and $212 thousand. In consideration of the Measure W financial reports
that the COC reviewed at its first meeting on October 19, 2016 in the presence of the City's
independent auditor, which reconciled with the information included in the CAFR, staff
recommended that the COC accept the draft Fiscal Year 2015-16 CAFR. Staff further recommended
that in a report to the City Council, to be transmitted through the City Manager's Office, the COC: 1)
Independently verify the accuracy of the audited reports regarding Measure W revenues and
expenditures for Fiscal Year 2015-16; and 2) Independently confirm that Measure W funds collected
were used in accordance with Measure W ballot language in Fiscal Year 2015-16.
COC Member Alcalde requested confirmation that the only section of the CAFR of concern to the
COC was the portion addressing Measure W.
Finance Director Lee confirmed COC Member Alcalde's understanding.
Interim Chair Brosnan requested clarification that only three (3)months of Fiscal Year 2015-16 were
included in the report.
Finance Director Lee advised that since Measure W revenue collection became effective April 1,
2016, only the months of April, May and June 2016 were included in the report.
SPECIAL MEASURE W CITIZENS' OVERSIGHT COMMITTEE MEETING DECEMBER 7,2016
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COC Member Tzang queried the COC's standard of comparison for the information included in the
CAFR.
Director Lee advised the financial information the Committee received from the auditor at the
October 19, 2016 Special Meeting of the COC provided the standard of comparison against which the
CAFR should be compared. Reconciliation of the numbers presented at that meeting and the
numbers included in the CAFR was realized.
COC Member Alcalde queried the location of information related to budgeted amounts.
Director Lee advised the CAFR included a statement on the general fund, which included the original
budget and the final amended budget, but would not include the precise level of detail being queried.
COC Members suggested that at future meetings it would be helpful to have additional supplementary
information focusing on Measure W income and expenditures for comparison purposes.
Director Lee confirmed this was the information that staff provided at the October 19,2016 special
meeting of the COC and that staff would make sure to include it routinely in future meetings.
COC Member Alcalde queried whether the report was held until anticipated expenditures came in.
Director Lee advised the City imposes a pooled cash policy, and at the end of the year, reviews the
cash level of every fund.
Ms. Richardson queried whether pooled cash was borrowed from somewhere.
Director Lee advised pooled cash was an accounting process.
Motion—COC Member Wong/Second— COC Member Alcalde: to approve Resolution 1-2016.
Unanimously approved by roll call vote.
COC Member Wong requested a calendar of future review cycles.
Director Lee agreed to provide such a schedule to the COC Members.
Interim Chair Zemke posed several questions about the City's processes relating to Measure W.
Finance Director Lee advised that the Assistant City Manager provides an update to the City Council
on Measure W and the Civic Campus Project every six (6) to eight (8) weeks. He also advised there
were sections of the City's website dedicated to Measure W, including a click through banner
specifically dedicated to Measure W.
Interim Chair Brosnan and Interim Vice Chair Zemke expressed interest in being part of the conduit
of information sharing between the public and the City on topics related to Measure W.
COC Member Wong queried the availability of a five (5) or 10 year plan for implementation of the
Measure.
SPECIAL MEASURE W CITIZENS' OVERSIGHT COMMITTEE MEETING DECEMBER 7,2016
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Finance Director Lee advised a plan was being finalized and staff hoped to have the information to
the Committee in the next three (3) months.
7. Report regarding consideration of and motion to establish a Regular Meeting
Schedule of the Measure W Citizens' Oversight Committee. (Krista Martinelli,
City Clerk)
COC Members discussed the timing of expected financial reports with staff and determined that
holding a meeting during the even numbered months of the year would ensure the COC received
financial information on a timely basis and in sufficient time to make its reports to Council.
Motion— Interim Chair Zemke/Second— COC Member Wong: to establish the regular meeting
schedule of the Measure W Citizens' Oversight Committee on the first Wednesday of even numbered
months of the year at 6:30 p.m. in the Council Chambers at the Municipal Services Building located
at 33 Arroyo Drive in South San Francisco. Unanimously approved by roll call vote.
Ms. Richardson queried how the Measure W Tax was performing.
Director Lee responded the tax was realizing revenues slightly above projections.
ADJOURNMENT
Being no further business, Interim Chairman Brosnan adjourned the meeting at 7:53 p.m.
:fitted Approved b �►,r
Cites Jerk Michael Brosnan, Interim Chairman
City o outh San Francisco City of South San Francisco
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