Oceanside Municipal Code Art. XVI Measure X Citizens Oversight Committee

There is hereby created the "Measure X Citizens Oversight Committee" (the "COC") for the purpose of implementing section 34.6.16(d) of the Oceanside City Code. The function of the COC is to review and report on city compliance with the provisions of Measure X, particularly with respect to the city's accounting and expenditure of Measure X revenues.

To the extent of any inconsistency between this ordinance and Measure X, the terms of Measure X shall govern.

(Ord. No. 18-OR0605-1, § 1, 12-5-18)

(a) The specific duties of the COC are as follows:

(1) Public review and comment on each year's: (1) city manager's Measure X spending plan (as defined in section 34.6.16(b); (2) financial services department report (as defined in section 34.6.16(a); and (3) auditor report (as defined in section 34.6.16(c).

(2) Review an annual report regarding compliance with the Measure X spending plan pursuant to section 34.6.16(b) and 34.6.16(d) for presentation by staff to the city council at a public meeting.

(3) Work with city staff to identify and apply "best practices" for tracking and reporting on Measure X revenues and expenditures relative to other city revenues and expenditures.

(4) Make a finding prior to any future renewal of the tax measure that, in the absence of extenuating circumstances, funds have been expended on improved infrastructure and improved public safety services consistent with the intent of the measure.

(b) The COC shall have no authority to direct the conduct of any city department or city employee. The COC is advisory in nature, and as such shall have no authority to approve, disapprove or prevent any city action. Final spending authority for Measure X lies solely with the city council.

(Ord. No. 18-OR0605-1, § 1, 12-5-18)

(a) Members. The COC shall be comprised of seven (7) voting members.

(b) Qualifications. All COC members shall be city residents, eligible to vote, and shall to the satisfaction of the city council have demonstrated expertise in accounting, finance, engineering, construction, or municipal government. Current city employees and current elected/appointed city officials are not eligible for membership pursuant to Oceanside City Code section 34.6.16(d).

(c) Additional expertise. In addition to the qualifications outlined in section (b) above, and in order to provide for broad representation, the following types of individuals are eligible for appointment as members of the COC in the following categories:

(1) One member recommended by the chamber of commerce board or active in the business community;

(2) One member recommended by the San Diego County Taxpayers Association;

(3) Two (2) members recommended by the city's public safety associations;

(4) Two (2) members who are qualified professionals in one of the following fields: accounting, finance, engineering, construction, municipal government; and

(5) One member who is active in the community at large.

(d) Appointment. Members shall be appointed by the mayor with the concurrence of the city council in accordance with OMC 2.1.64 with the following provisions:

(1) The city clerk shall prepare and maintain the COC appointments list in accordance with section 2.1.64(b).

(2) The COC application form shall be prepared by the city manager in consultation with the city clerk, and shall include information supporting the applicant's qualifications as described in the preceding section.

(3) Applications shall be filed with the city clerk and shall be active for one year.

(4) Upon receipt of completed applications, the city clerk shall submit the applications to the city manager's office for review and determination that the applicant is highly qualified, qualified or not qualified in accordance with the eligibility requirements outlined in the preceding section.

(5) Whenever the mayor intends to make an appointment to fill a scheduled or unscheduled vacancy on the COC, the mayor shall give written notice to the city clerk and city council.

(6) Upon receipt of said notice, the city clerk shall provide all active applications and accompanying city manager's recommendations to each member of the city council.

(7) The mayor shall not make an appointment to the COC until a minimum a fourteen (14) days has passed from the date the mayor delivered the notice of intent specified in subsection (e) above.

(8) Any member of the council may make a recommendation to the mayor regarding an appointment.

(9) The mayor shall provide to the council the name of the nominee at least seventy-two (72) hours before the meeting at which the appointment will be considered by the city council. Appointments by the mayor are subject to the approval by the city council, including the mayor.

(e) Terms. Terms for the COC shall be for four (4) years, with a maximum tenure of two (2) consecutive four-year terms. The initial COC members shall be appointed no later than April 1, 2019. Initial terms shall commence upon assumption of office and shall expire on June 30, 2023.

(f) Meeting schedule. In accordance with section 2.1.63, the COC shall set the date, time and location of its regular meetings by written resolution and may change its regular meeting day, time or location by written resolution. The COC shall meet as often as necessary to accomplish the objectives of chapter 34.6 and this chapter. It is anticipated that the COC will need to meet a minimum of two (2) times per year to fulfill its assigned duties.

(g) Operating rules and procedures. Except as expressly provided herein, or as otherwise necessary to implement this chapter or the requirements of Measure X, the rules governing city boards and commissions generally shall govern the COC. The COC shall also operate in accordance with the Ralph M. Brown Act; including requirements that meetings be noticed in advance and held in public. The city council may also adopt additional rules and procedures in the form of bylaws; any such bylaws must be consistent with the terms of this chapter and all other applicable laws.

(h) Staff support. The city manager, and/or designee(s), shall serve as the city staff liaison to the COC and shall provide it with administrative support, including designation of a COC staff secretary. The city attorney, and/or designee(s), shall provide the COC with legal counsel and support.

(i) Dissolution date. The COC shall automatically dissolve at the time that all Measure X revenues have been collected, expended and accounted for, and that the COC shall have fulfilled all of its responsibilities with respect thereto. With the Measure X tax expiring on March 31, 2026, it is currently estimated that the COC dissolution shall occur on or about December 31, 2026.

(Ord. No. 18-OR0605-1, § 1, 12-5-18)