To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Proposed revisions to the Measure X Community Advisory Board Bylaws and direction on future Measure X needs assessments
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
CONSIDER adoption of proposed revisions to the Measure X Community Advisory Board Bylaws and PROVIDE DIRECTION on future Measure X related needs assessments and unallocated balances.
FISCAL IMPACT:
Administrative action with no specific fiscal impact at this time.
BACKGROUND:
On November 3, 2020, voters in Contra Costa County approved Measure X, a Countywide, 20-year, half-cent sales tax. The ballot measure’s stated intent for Measure X was “to keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.” Collection of the tax began on April 1, 2021, with $488.5M in actual revenue received through June 2025. Measure X lifetime allocations through FY25-26 total $631.8M, encompassing 62 projects and fully budgeting all prior revenues and surpluses, including a 1.97% cost of living adjustment for the current fiscal year. There are currently no remaining balances from Measure X available to allocate, and the associated revenue growth for the next few years is unlikely to keep up with the increasing costs for existing service levels.
Measure X Community Advisory Board Formation
On February 2, 2021, the Board of Supervisors approved the creation of a 17-member (+10 alternates) Measure X Community Advisory Board (MXCAB), with bylaws modeled after the County’s Community Corrections Partnership and Juvenile Justice Coordinating Council. The original responsibilities of the MXCAB were: 1) to oversee an annual assessment of community needs, focusing primarily on the priority areas identified in the Needs Assessment; 2) creating detailed priority lists of the top ten service gaps (county‐ and community‐provided) based on the results from the needs assessment; 3) using the assessment to make general funding priority recommendations to the Board of Supervisors on 95% of the revenue generated by Measure X; and 4) providing an annual report on the outcomes and impact of allocated funds.
Establishing Measure X Fiscal Oversight
On November 8, 2022, the Board requested that staff develop recommendations for the creation of a separate Measure X oversight body. In response, the County Administrator’s Office conducted a review of oversight structures for county sales tax measures, including the counties of Alameda, Marin, San Mateo, Santa Clara, Sonoma, Los Angeles, and the San Francisco Bay Restoration Authority.
The County Administrator’s Office presented the comparative analysis at the Board of Supervisors meeting on May 16, 2023, followed by public comment and Board discussion of key considerations about Measure X oversight to improve transparency, mitigate concerns about potential conflicts of interest and incompatible activities, and strengthen accountability and public information. Following the discussion, the Board of Supervisors established the Measure X Community Fiscal Oversight Committee as a 5-member advisory body, responsible for 1) reviewing annual financial audits of Measure X conducted by an external auditor, and 2) verifying conformance with the Measure’s ballot language and intent and with the Board’s direction for specific allocations. The new advisory body was formed in 2024 and reviewed an external audit of Measure X revenues and expenditures for the period of 4/1/2021 through 6/30/2024 which reported that there were no material errors identified, and the financial reports accurately reflected the allocations and expenditures for the time period in question. The Measure X Community Fiscal Oversight Committee also noted and appreciated improvements to the Measure X website, which it found “comprehensive, fairly easy to navigate and allows taxpayers and community groups to “dig into” the allocations and expenditures so as to feel comfortable about how the tax measure’s funds are being utilized in conformance with the will of the voters.”
MXCAB Bylaws Change History
Soon after the Measure X Community Advisory Board was created, the Board of Supervisors adopted the MXCAB Bylaws on February 2, 2021, with subsequent round of amendments approved on February 9, 2021 and April 27, 2021 providing more details regarding the process for member appointments. Two years later at the May 16, 2023 meeting, the Board of Supervisors adopted the fourth round of modifications to the MXCAB’s bylaws: 1) shifting annual needs assessment to every 3 years, or as needed as determined by the Board of Supervisors; 2) specifying that the MXCAB makes general funding recommendations to the Board, with no specific dollar amounts, prior to budget adoption, on any net revenues available for allocation after cost-of-living adjustments are made for existing allocations; 3) creating a joint session between the Board of Supervisors and MXCAB to receive an annual report from county staff on implementation, milestones, impact, and outcomes of Measure X; plus additional changes related to membership and meeting administration.
Today’s item for Board consideration proposes revisions to the MXCAB’s bylaws, recognizing that available Measure X funds have been fully allocated, more efficiently focusing resources on future needs assessments, and incorporating feedback from the offices of two Supervisors. The attached redline and clean versions recommend changes to the bylaws as summarized below:
1. MXCAB roles and responsibilities
a. Advise on community needs and recommended general funding priorities, in alignment with the Measure X ballot language approved by voters
b. Receive needs assessment reporting to help inform the MXCAB’s deliberations and its recommendations for general funding priorities
c. Eliminate the annual joint meeting of MXCAB and Board of Supervisors
2. Membership composition and eligibility
a. Reduce the number of alternate member seats from 10 to 5 by eliminating the 5 At-Large Alternate seats, thus reducing the MXCAB from 27 total members to 22
b. Strengthen language to avoid even the appearance of conflicts of interest and promote transparency and accountability by requiring members to file Form 700 Statements of Economic Interests
c. Make district seats coterminous with the appointing supervisor
d. Highlight mandatory trainings and require completion within 90 days of appointment
3. Meetings and administration: deleting language no longer applicable for appointments, setting quarterly meetings, clarifying quorum, aligning policies to the Advisory Body Handbook, providing language interpretation upon request, and adding a sunset provision
In addition to the proposed MXCAB bylaw changes, the County Administrator’s Office requests direction from the Board of Supervisors on Measure X administration and needs assessments as listed below:
4. Measure X Allocations Schedule: Accumulate surpluses to aggregate into a meaningful pool (e.g. $5M or more) for allocation by the Board of Supervisors on the needs assessment year of the 3-year review cycle
5. Two-step Measure X allocation process: For emergent needs off-cycle, require that proposed new allocations from Measure X funds be noticed through a Board of Supervisors consent item, followed by a discussion item at the subsequent BOS meeting
6. Needs assessment and program evaluation: Restructure needs assessments to inform Measure X allocations on 3-year cycles with a more analytical process incorporating departmental studies, plus more direct public engagement through community outreach meetings and online surveys. $250k one-time funds have been allocated to support future needs assessments and evaluate the performance and outcomes of Measure X projects.
CONSEQUENCE OF NEGATIVE ACTION:
The Measure X Community Advisory Board’s bylaws will remain unchanged.