Current through 2024 Legislative Session
Section 53738.7 - [See Note] Citizens' oversight committee(a) A local government shall appoint a citizens' oversight committee within 90 days of certifying an election that approves ACA 1 bonded indebtedness.(b)(1) The purpose of the citizens' oversight committee shall be to inform the public concerning the expenditure of revenues derived from ACA 1 bonded indebtedness.(2) The citizens' oversight committee shall actively review and report on the proper expenditure of taxpayers' money for the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing for persons at risk of chronic homelessness and the acquisition or lease of real property for public infrastructure, affordable housing, or permanent supportive housing for persons at risk of chronic homelessness.(3) The citizens' oversight committee shall advise the public as to whether a local government is in compliance with the requirements of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(4) The citizens' oversight committee shall convene to provide oversight for, but not be limited to, all of the following: (A) Ensuring that revenues derived from ACA 1 bonded indebtedness are expended only for the purposes described in paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(B) Ensuring that funds are not used for employee salaries or other operating expenses, as prohibited by subparagraph (A) of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(C) Ensuring that the administrative costs of the local government executing the projects and programs do not exceed 5 percent of the proceeds derived from the ACA 1 bonded indebtedness, as prohibited by subparagraph (A) of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(c) In furtherance of its purpose, the citizens' oversight committee may engage in any of the following activities: (1) Receiving and reviewing copies of the annual, independent performance audit required by subparagraph (A) of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(2) Receiving and reviewing copies of the annual, independent financial audit required by subparagraph (A) of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(3) Inspecting public infrastructure, affordable housing, or permanent supportive housing to ensure that revenues derived from ACA 1 bonded indebtedness are expended in compliance with the requirements of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.(4) Receiving and reviewing copies of any local program or ordinance through which projects or programs will be funded with revenues derived from ACA 1 bonded indebtedness.(5) Reviewing efforts by the local government to maximize revenues derived from ACA 1 bonded indebtedness by implementing cost-saving measures, including, but not limited to, all of the following: (A) Mechanisms designed to reduce the costs of professional fees.(B) Mechanisms designed to reduce the costs of site preparation.(C) Mechanisms designed to reduce costs by incorporating efficiencies in public infrastructure, affordable housing, or permanent supportive housing design.(D) Recommendations regarding the use of cost-effective and efficient reusable public infrastructure, affordable housing, or permanent supportive housing plans.(d) All citizens' oversight committee proceedings shall be open to the public and notice to the public shall be provided in the same manner as the proceedings of the governing board of the local government. The citizens' oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the citizens' oversight committee and all documents received and reports issued shall be a matter of public record and be made available on an internet website maintained by the governing board of the local government.(e)(1) The governing board of the local government shall, without expending proceeds derived from the ACA 1 bonded indebtedness, provide the citizens' oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the citizens' oversight committee. Nothing in this section shall be construed to require the local government to pay for outside consultants for the committee.(2) The local government shall provide the citizens' oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits required by clauses (iv) and (v) of subparagraph (A) of paragraph (4) of subdivision (b) of Section 1 of Article XIII A of the California Constitution within three months of receiving the audits.(f) The citizens' oversight committee shall consist of at least seven members who shall serve for a minimum term of two years without compensation and for no more than three consecutive terms.(g)(1) An employee or official of the local government shall not be appointed to the citizens' oversight committee.(2) A vendor, contractor, or consultant of the local government shall not be appointed to the citizens' oversight committee.(3) Members of the citizens' oversight committee shall abide by the prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1.Added by Stats 2024 ch 155 (AB 2813),s 1, eff. 7/18/2024operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is approved by the voters..