Santa Clara County Municipal Code Ch. XXI Measure a (2016 Housing Bond) Independent Citizens' Oversight Committee

The Measure A (2016 Housing Bond) Independent Citizens' Oversight Committee ("Committee") is hereby established for Measure A, a $950 million general obligation bond on the November 2016 ballot generating funds to provide affordable local housing for vulnerable populations including veterans, seniors, the disabled, low and moderate income individuals or families, foster youth, victims of abuse, the homeless and individuals suffering from mental health or substance abuse illnesses, which housing may include supportive mental health and substance abuse services.

(Ord. No. NS-300.902, § 1, 10-4-16)

(a) The Committee shall consist of nine voting members and one non-voting member, each of whom shall be appointed by the Santa Clara County Board of Supervisors, as follows:

(1) One member who is an active or inactive member of the State Bar of California in good standing, or a retired attorney who was an active or inactive member of the State Bar of California in good standing.

(2) One member who is an auditor and/or certified public accountant.

(3) One member who is an investment professional.

(4) One member who is a housing advocate.

(5) One member who is a representative of a civic organization.

(6) One member who is a representative of organized labor.

(7) One member who is a representative of a business organization.

(8) One member who is a representative of the general public.

(9) One member who is a representative of the Santa Clara County Cities Association and nominated by the Cities Association.

(10) The Santa Clara County Assessor as an ex-officio, non-voting member.

With the exception of the representative of the Santa Clara County Cities Association, the voting members shall be nominated by an individual Supervisor on a rotating basis. All initial Committee members shall be nominated within 60 days of the certification of the election held on November 8, 2016. Each Board member shall be associated with the above positions (1) through (8) by random draw prior to appointments, except that no Supervisor shall make more than two initial nominations. The sequence for making the nominations thereafter shall be on a rotating forward basis.

(b) The term of each voting member shall be three years, except three of the initial members shall serve two-year terms, and three of the initial members shall serve one-year terms to provide staggering of terms. Such initial terms shall be determined by lot. Each member shall continue to serve on the Committee until the appointment of his or her successor. No voting member shall be eligible to serve for more than two terms in addition to any portion of any unexpired term which may have been served. A member's failure to attend three consecutive regular meetings without good cause as determined by the Chairperson will result in notification to the appointing authority, which may result in removal of the member from the Committee. All new Committee members shall receive a comprehensive orientation and training.

(c) The Clerk of the Board shall transmit to the County Counsel the application materials of any prospective nominee to be presented to the Board of Supervisors for appointment to the Committee at least 20 calendar days prior to consideration for appointment by the Board. The County Counsel shall report to the Board any identifiable disqualifying conflict of interest.

(d) Only the appointed member shall serve on the Committee. Alternates shall not be permitted.

(Ord. No. NS-300.902, § 1, 10-4-16)

(a) The committee shall serve as an advisory body to the Board of Supervisors, and through the Board of Supervisors to the public, and shall have the following purpose:

(1) To advise on whether the County is spending the bond proceeds for the stated purpose approved by voters and not for any other purpose;

(2) To advise on whether the County has been spending bond proceeds efficiently, effectively and in a timely manner;

(3) To advise on whether the County's issuance of bonds and temporary investment of bond monies has been fiscally sound;

(4) To recommend any changes to the County's implementation of the Housing Bond in order to ensure that bond proceeds are spent for the stated purpose approved by voters. The Board of Supervisors shall respond to all such recommendations within 60 days of presentation to the Board and the Committee may comment on the board's action on its recommendation; and

(5) To conduct an annual review of the report issued by the County describing the amount of funds collected and expended, and the status of any project required or authorized to be funded.

(b) In furtherance of its purpose, the Committee shall:

(1) Send advisory reports, including any reviews or recommendations, to the Board of Supervisors and each City in the County of Santa Clara at least quarterly. The committee reports shall be available for public inspection at least 14 days prior to a meeting of the Board of Supervisors;

(2) Receive reports on housing bond implementation that are provided to the Board of Supervisors, including monthly "dashboard" reports summarizing critical metrics in graphic form, and the status of any project required or authorized to be funded;

(3) Receive an annual financial audit and quarterly report from the independent and external auditor;

(4) Receive financial reports displaying the original budget, current budget, approved commitments to date (across all fiscal years), actual expenditure, the amount of funds collected and expended, and budget balance;

(5) Have direct access to the independent and external auditor and the ability to request "spot check" audits in addition to the comprehensive annual audit;

(6) Participate in and to make recommendations on the selection of the independent and external auditor; and

(7) Prepare a comprehensive annual report that is published on-line and made widely available to the Board, cities, the Grand Jury, the media and the general public.

(Ord. No. NS-300.902, § 1, 10-4-16)

A professional auditor that is independent and external to the County shall report directly to the Committee to the greatest extent allowed by law. The auditor shall be selected by the Board of Supervisors following a competitive selection process. The Committee (or representatives of the Committee) shall participate in the selection process and may make a recommendation to the Board of Supervisors regarding the Board's selection of an auditor.

(Ord. No. NS-300.902, § 1, 10-4-16)

(a) The Clerk of the Board shall provide administrative assistance to the Committee in furtherance of its purpose.

(b) All Committee meetings shall be subject to the Brown Act and all Committee records shall be subject to the California Public Records Act. Minutes of the Committee meetings and all documents received and reports issued by a majority of the Committee shall be available on the County's website.

(c) While any portion of bond proceeds remains unexpended, the Committee shall meet no less than quarterly; while any bond debt service remains outstanding, the Committee shall meet no less than annually.

(Ord. No. NS-300.902, § 1, 10-4-16)

Procedures for the conduct of business not otherwise specified herein shall be contained in the bylaws of the Committee. The initial bylaws, and any amendments to the bylaws, following approval as to form and legality by County Counsel, shall be approved by the Board of Supervisors.

(Ord. No. NS-300.902, § 1, 10-4-16)

(a) This ordinance [chapter] shall take effect only upon approval of the housing bond by two-thirds of the voters voting in the November 8, 2016, election, and is otherwise automatically repealed.

(b) This ordinance [chapter] shall be automatically repealed at the end of the fiscal year in which the last remaining bond issue authorized under the housing bond is fully defeased, redeemed, or otherwise paid.

(Ord. No. NS-300.902, § 1, 10-4-16)