HomeMy WebLinkAboutMINUTES - 09101985 - X.20 X 2�U
TO: BOARD OF SUPERVISORS
Fi.OM: Sunne Wright McPeak Contra
C�'ost�a}
DATE: September 9, 1985 County
SUBJECT: policy for Support of Child Care from
Contra Costa Child Care Task Force
�ISPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive the recommended Policy for Support of Child Care from the
Contra Costa Child Care Task Force and set September 24th for a
public hearing and decision by the Board of Supervisors.
Refer to the Internal Operations Committee the guidelines for an
ordinance and sample ordinance from the City of Concord related to
developer contributions towards child care. Request the Internal
Operations Committee -to. review and recommend' an appropriate
-ordinance fo.r ,Contra Costa County.
BACKGROUND:
The Contra Costa Child Care Task Force recommends that one-of the
most important steps in laying the foundation for a comprehensive
system of child care countywide is the adoption of a uniform
policy by the county and all cities. The Mayors ' Conference
received a report from Hercules Mayor Russ Perkins on September 5th
requesting that all jurisdictions schedule a public hearing and
adopt the policy during September so that the Mayors ' Conference
can collectively act at the October 3rd meeting.
It is therefore important for the Contra Costa County Board of
Supervisors to consider and act during September. Further, it
is appropriate to consider the next steps in implementation of
the policies, including an ordinance. The guidelines and sample
Concord ordinance will provide direction.
The full report of the Child Care Task Force is currently being
finalized. However, the Task Force strongly recommends public
discussion and adoption of the model policy now by every juris-
diction countywide.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON September 1 0r 1 n,. 7 H 1 APPROVED AS RECOMMENDED _X OTHER
*The Board also requested the Internal
Operations Committee to review this
matter at its September 23, 1985
meeting.
VOTE OF SUPERVISORS
X _ UNANIMOUS (ABSENT TTT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: I AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED /O
Internal Operations Committee Phil Batchelor, Clerk of the Board of
Health Services Director Supervisors and_County Administrator
Social Services Director
M382/7-83 DEPUTY
I
GUIDELINES FOR DEVELOPING ORDINANCE FOR
CHILD CARE CONTRIBUTIONS IN NEW BUSINESS DEVELOPMENTS
1. Each development, no matter what size, should have
a child care plan.
2. Child care plan options :
- contribute $ based on square footage or gross
value of project to child care fund
- development of a family day care network for
employees
- building on/near site child care center
- rennovating an existing building nearby for
child care
- expansion of an existing center nearby
3. Funding of each development' s child care plan should
! result from collabotation between developer and
tenant (i . e. Developer provides seed $ for plan,
tenant provides ongoing subsidization of plan through
rent)
4 . May want to suggest appropriate options for small,
medium and large developments. (Small : under
25 , 000 sf; medium: under 100 , 000 ; large : over
100, 000 sf. )
Sunne Wright McPeak 9/9/85
CHILD CARE TASK FORCE REPORT AUGUST 1985
RECOMMENDED LAND USE AND ZOFIING POLICY
APPENDIX A '
To The Contra Costa County Board of Supervisors
From: The Contra Costa Child Care Task Force
THE PROVISION OF ADEQUATE , AFFORDABLE AND QUALITY CHILD CAPE " r
IN CONTRA COSTA HAS BECOME AN ISSUE OF CRITICAL CONCERN , AS MORE
AND MORE WOMEN ENTER THE WOR1: FORCE Ai'D MORE FAMILIES APE HEADED
BY SINGLE PARENTS .
A study of central and eastern Contra Costa , conducted by
United Way , revealed a severe lack of child care services .
According to the data , 14 , 500 child "ea of working parents were
not in licensed care in central ' and eastern county alone . If
figures for west and south county were added., the total figures
would surely e:cceed 20 , 00.0 . The Contra Costa Childrens Council
reports that hundreds of parents seeking child care referral
information each r:ionth subsequently do not enter or delay
entering the work force because they cannot secure adequate and
affordable care . State subsidized child care waiting lists total
more than 800 , without any advertising of. the slots .
As the County continues to experience rapid population and
eLiployment growth in the next decade , the child care needs will
continue to increase . As public resources for human service
needs diminish , solving tele child care problem will require
greater cooperative efforts , bet:Jeen parents , providers , public
officials and employers , The - Child Cane ,Task Force , with
representation frori each of these segments of our community , has
been working for sixmontlis to desLjfn a child care syster, and
identify resources to implement such a system countywide .
Tile Task Force believes that local overument can have a
si;;ni.ficant impact on child care needs through the plannin and
perraitting process . Child care centers and large family , day care
ho'uies require not only state licensin,; , but permits from the
local jurisdiction . This process can often pose obstacles and
impediments to the child care provider , when it could and should
be as siiuple a process as possible .
I Obstacles in the zoning and permitting process which have
been identified can be summarized as follows :
1 ) Provision of child care is not currently a high
priority for most jurisdictions .
CCTF — APPENDIX A Page lA
r .
7 ) Complying with SB 163 , particularly the section which
provides for administrative rev .ev of lame family day care
Ludes .
�I
Policy Statement
It is the policy of ___ to assist
and encourage the development of adee;u.:tc: , affordable arid' quality
child care in this community . In pursuit of this goal ,
_ will strive Lo simplify re ;ulaLion$ and
j the permit ti.n.- process , minimize fees , and shorten the approval
process . It is the policy of _ to approve permits
for child care facilities unless there; is a demonstrated reason
not to . supports the principle of parental
ci1oice for child care and the need for a variety of options
available in the cominuni.Ly , including schou1s , child care
centers , fattlily day care homes and et:hployment sites .
encourages the participation of
parents , providers , public officials and employers in the
planning and decision maki.nV process relating to the provision of
child care facilities
Re Ison Behind li'lplealeitt:atlon Recommerid ati.ons
vl : If 'progress is to be make in meet ill the child care needs of
our County , each jurisdiction wusL of: fi.ci,ally reco;;nize child
care as a critical need of its citizens .
iir2 : Child care needs must be addressed by each local,
jurisdiction ; however , it is i.mportant that there be coordina-
tion and some ievel of consistency between jurisdictions ,
`3 : Sou;e cities may have more demand for child care than otliers ,
It is ir,hporLaut to identify where the needs exists
,�4 : The first interface between a child care provider and a
permitting agency i.s generally the local. staff . IL is at this
point ti:at the provider is er'Ltier eucour. aged or discouraged in
proceeding with the process . EstabIisiu:+enL :end colnl;unication of
clear guidelines and the provision of good staff support and
assi-sLance will translate into more facilities entering the
licensed child care system .
k5 : Adequate child care is a necessary service . Fees set high
enou- b to discoura- e such facilities only result in unsupervised
children . This can lead to undesirable social consequences and
further public costs . Governments should work to remove
unnecessary barriers to Cie provision of proper care .
CCTF - APPENDIX A Page 3A
• o
CHILD CARE TASK FORCE REPORT AUGUST 1985
LEGISLATIVE POSITIONS
APPENDIX i;
Federal. :
1 . ]L': 2'067 ( Hiller , et al. ) to improve and expand child
care services and early childhood education services ;
bill is result of Select Committee on Children , Youth
and Families .
2 . To maintain child care food prograia .
3 . To retain and expand employer cafeteria benefit
plans without penalty to taxpayer .
State :
1 . AB 55 ( Proem) to provide $50 million expansion of
general and categorical child care programs ; CCTF
proposed that author and legislators consider the use ,
now and in the future , of local broad-based community
public/ private partnership child care planning
organization( s ) as a vehicle for distribution or
approval of distribution of funds .
2 . SP, 303 ( Roberti ) to pruvi,le $ 100 million for local
school districts for capital expenditures and operating
costs of latch key programs ; CCTF proposed that author
and legislators consider the use , now and in the
future , of local broad-bases community public /private
partnership child care planning organ i.zation( s ) as a
vehicle for distribution or approval of distribution of
funds .
3 . Sr. '064 ( Hart ) to give tax credits to employers of
50 of start-up expense up to $30 , 000 and 30% of child
care program operating expense ; CCTF proposed ceiling
I e eliminated .
4 . AB 1939 (Wright ) to give ta:c credits to employers
of 50% of start -up , up to $ 10 , 000 and % of child care
program operating expense ; CCTF proposed ceiling be
elii^ inated .
5 . SR 566 ( Bergeson) to make child care buildings
eligible for local revenue bond .
CCTF - APPENDIX B Page 1
r '
City of Concord
i
PHONE: (415) 671- 3158 CITYCOUNCIL
i
I Stephen L.Weir,Mayor
- Ronald K.Mullin.Vice Mayor
Juno V. Bulman
Colleen Coll
Ui,mu Longshon,
September 10 , 1985 Fm rr�l A.Stewart,City Manager
I
The Honorable Sunne Wright McPeak
Contra Costa County Supervisor
2301 Stanwell LDrive
Concord, California . 94520
II Re : Concord Child Care Program
I
Pursuant to your request , enclosed you will please find
the following documents related to the Concord Child Care
Program:
1 . Amendment to the Land Use Element of the General
{ Plan to provide for a Child Care Program.
2 . A copy of Ordinance 85-25 (An Ordinance Amending
Article IV of the Concord Municipal Code Entitled, "Public
Welfare" , by the Addition of a New Chapter 9( 3 ) Relating
to the Establishment of a Concord Child Care Program. )
3 . A copy of Policy and Procedure 130 which pro-
vides administrative details of the program.
Sincerely yours ,
4(7
COLLEEN COLL
Councilmember
CC/jr
Enc .
CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519
6-5-85
I
II . CHILD CARE
On page 6 of the Land Use Element a new category would be . insert-
ed to read as follows:
SOCIAL SERVICES
i
CHILD CARE - With the rapid increase in the cost of housing
(both rental and ownership) in Concord during the late 1970s and
early 1980s, and the changing role of women in society ( and the
labor force) , often both parents of a family either must or
desire to work outside the home. In addition, the number of
single parent households has increased in recent years . As a
{ result , the need for fully-qualified and convenient child care
services has increased, and will likely continue to do so.
{ In the City of Concord, existing child care facilities and
programs are filled almost as soon as they open and waiting lists
are common. These facilities and programs generally have served
Concord residents who work outside of the City limits . However,
as major office/commercial/industrial development takes place in
Concord the need for child care facilities and programs will con-
tinue to increase and exceed the available, and projected, capa-
city of these facilities and programs .
! In order to address the existing need for child care facili-
ties and programs, as well as those which will arise in the
future, it is necessary to seek the assistance of all segments of
the community, including, but not limited to, developers, employ-
ers, private foundations, public entities and agencies, as well
i as using public resources . The existing need has not been satis-
fied to date and there is no indication that it will be met in
the immediate future . Each ;new development or change in an
existing development incrementally adds to the need for these
facilities and programs . In order to provide a means of address-
ing this need, it is necessary that the City of Concord establish
a program to deal with this issue.
On page 22 of the Land Use Element (Non-Residential Policies) ,
add the following new paragraph:
"13 . The need for child care facilities and programs pres-
ently exists and may intensify as new office/commercial/indus-
trial development continues . The City and the private sector
need to recognize this growing need and take appropriate steps to
address the problem. "
ORDINANCE N0. 85-25
2
AN ORDINANCE AMENDING ARTICLE IV OF THE CON-
; 3 CORD MUNICIPAL CODE ENTITLED, "PUBLIC WEL-
FARE" , BY THE ADDITION OF A NEW CHAPTER 9 ( 3 )
4 RELATING TO THE ESTABLISHMENT OF A CONCORD
CHILD CARE PROGRAM.
5
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOL-
6
LOWS:
7
Section 1 . Amends Article IV (Public Welfare) of the Concord
8
Municipal Code by the addition of Chapter 9 ( 3 ) to read :
9
"IV9 ( 3 ) ESTABLISHING A CONCORD CHILD CARE PROGRAM.
10
"Section 4930 . Concord Child Care Program. In order to
11
implement the provisions of the Land Use Element of the City of
12
Concord' s General Plan regarding child care , this chapter estab-
13
lishes a program which shall be known as the Concord Child Care
14
Program.
15
"Section 4931 . Definitions .
16
A . Child Care Facility & Program - a location and
17
personnel licensed by the State to provide direct child care
18
services, including but not limited to providing food,
19
shelter , educational/play opportunities for a minimum of 4
20
hours per day, and costs associated with starting of a
21
facility and software.
22
B . Development Costs - the total value of the improve-
23
ments for a project, as indicated on the building permit
24
application submitted to the Department of Public Works in..
25
order to obtain a building permit or permits for a project .
26
C. Project . A proposal for the development of
27
improved or unimproved land , except for a residential
28
development , which. conforms to development approvals and
1 requirements of the Concord Municipal Code , regardless of the
2 nature of the project , i .e . , developing new land , converting
3 an existing use to a different use, expanding a use , et
4 cetera .
5 "Section 4932 . Fee. Except as otherwise provided in Section
6 4933 , a fee equal to one-half of one percent ( . 5% ) of the devel-
q opment costs of a project shall be paid by each developer at the
8 time of issuance of the building permit (s) for the project . This
g fee shall be placed in a special account by the Finance Depart-
10 ment and shall be used for the purpose of funding the activities
11 of the Concord Child Care Program.
12 "Section 4933 . Administration . The uses for which the
13 monies identified in Section 4932 may be used, how applications
14 for use of the funds are made, what credits should be allowed and
15 similar administrative matters shall be set forth in a policy
16 statement approved by the City Council . The policy statement
17 shall be placed in the manual containing the policies and proce-
18 dares of the City of Concord. "
19 Section 2 . This Ordinance shall become effective thirty ( 3,0 )
20 days following its passage and adoption and shall be published
21 once within fifteen ( 15 ) days after passage and adoption in the
22 Contra Costa Times, a newspaper of general circulation in the
. 23 City of Concord, or , in the alternative, the City Clerk may cause
24 to be published a summary prepared by the City Attorney' s Office
25 of this.,ordinance and a certified copy of the text of this ordi-
26 nanee, shail be posted in the .office of the City Clerk five (5 )
27 days,; prior to the date of adoption of this ordinance and within
28 fifteen ( 15 ) days after adoption, the City Clerk shall cause to
-2-
V
I-.
1 be published, the aforementioned summary and shall post a certi-
2 fied copy of this ordinance, together with the vote for and
3 against the same, in the office of the City Clerk
4
/s/Steve Weir
5 Mayor
ATTEST:
6 /s/Bernadette Carroll
7 City Clerk
8 (Seal )
g This ordinance was duly and regularly introduced at a regular
10 meeting of the City Council held on June 24, 1985 and was
11 thereafter. duly and regularly passed and adopted at an adjourned
12 regular meeting of the City Council held on July 1, 1985 ,
13 by the following vote :
14 AYES: Councilmember - J.Bulman, C.Coll, D.Longshore, R.Mullin,S.Weir
15 NOES: Councilmember - None
16 ABSENT: Councilmember - None
17 I HEREBY CERTIFY that the foregoing is a true and correct
18 copy of an ordinance duly and regularly introduced, passed and
19 adopted by the City Council of the City of Concord, California.
20
21 BERNADETTE CARROLL, City Clerk
22
23 cc: Community Development
24
25
26
27
28 6114a22a/j
-3-
POLICY & PROCEDURE NO. 130
THE CITY OF CONCORD CHILD CARE PROGRAM
1 . ESTABLISHMENT
This program is implemented in accordance with the
authority provided by Article IV, Chapter 9 , Section
4933 of the Concord Municipal Code and the 1985 Land
Use Element Amendment to the General Plan.
2 . DEFINITIONS
2 . 1 Approving Body: The person , commission , council
or group authorized by State Law or this
Municipal Code to approve a project or issue a
permit for a project .
2 . 2 Occupation : The actual , physical use of not less
than eighty percent (80%) of the leasable or
usable space in a project .
2 . 3 Off-Site : Any improvement beyond the boundaries
of a project which does not otherwise constitute
an "on-site" improvement .
2 . 4 On-Site : Any improvement within the boundaries
of a project .
2 . 5 Project : A proposal for the development of
improved or unimproved land, which conforms to
development approvals and requirements of the
Concord Municipal Code , regardless of the nature
of the project , i . e . , developing new land,
converting an existing use to a different use ,
expanding a use , et cetera.
3 . ASSESSMENT OF CONTRIBUTION
3 . 1 Fee Payment : Unless exempted by Section 4 , a
developer shall pay, at the time of issuance of
a certificate of occupancy for its project , the
fee set forth in Section 4932 of the Concord
Municipal Code less any deductions therefrom
granted in accordance with Section 5 of this
policy.
i
4 . EXEMPTIONS
i
The following projects shall be exempt from the
Concord Child Care Program fee :
4 . 1 Any residential development . As used in this
Program multi-family dwellings , including the
conversion of apartments to condominiums , shall
be deemed to be a residential development .
i
4 . 2 Single family day care homes and child care
facilities which are not incorporated into
another use , i . e . single purpose or free stand-
ing facilities . A child care facility in a
project which is designed to meet all or most of
that project ' s child care requirements may seek
a credit in accordance with Section 5 .
4 . 3 Projects which have a total value of $40 , 000 or
less , as determined by the Department of Public
Works at the time of issuance of a building
permit .
4 . 4 Projects undertaken by a public agency, except
projects undertaken by a private developer on
public property, e .g. development of air rights
over a public rail system by a private
developer .
4 . 5 The remodeling or rehabilitation of a building,
provided there is no intensification of the use
or .enlargement of the building.
4 . 6 Any building which existed on June 24 , 1985 ,
i . e . the fee required by this program would be
applied only to any expansion of an existing
building and not to the entire building.
4 . 7 Any project which will not have any child care
impact , or is able to demonstrate that the child
care needs for the project are no greater than
the needs of a previously approved project on.
the same site , or the prior project either paid
the required fee established in Section 3 , or
received a credit against all of said fee under
the provisions of Section 5 . The above
2
determination will be made by staff following
the preparation by the developer of an Initial
Environmental Impact Analysis ( IEIA) under the
requirements of the California Environmental
Quality Act (CEQA) , which shall include a
I section dealing with child care impacts . If the
project is exempt under CEQA, then only the
section of the IEIA dealing with child care
impacts shall be completed.
4 .8 Projects for which an application for a building
permit was submitted, as of the date of intro-
duction of Ordinance No . 85-25 ( June 24 , 1985 ) ,
in conformance with appropriate provisions of
the Concord Municipal Code , except for any pro-
ject which is required to comply with this Pro-
gram pursuant to the provisions of a Disposition
and Development Agreement .
5 . EXCEPTIONS .AND CREDITS
The Approving Body , after receiving input from the
affected developer and the City staff, may waive ,
reduce , or allow a credit for the fee established by
this program under any of the following
circumstances :
5 . 1 The developer will provide a child care facility
and program. In order to determine the data
necessary to insure that the child care
needs of the project will be fulfilled, a
study shall be performed by a consultant
selected by the City. The developer shall
enter into a contract with the City, prior to
the commencement of this work, agreeing to pay
for the costs of and to abide by the results of
the study. The developer also must provide
satisfactory assurances that the facility will
be built , the nature of the program to be
operated at the facility , and how the facility and
program will be funded initially and in the
future .
3
5 . 2 The developer is able to show that occupants of
its project will offer a child care benefit
program to their employees which eliminates ,
subsidizes , or reduces the need for local child
care facilities and programs . In order to
determine if this will occur the developer shall
enter into a contract with City for the
preparation of a report by a consultant selected
by City , but paid for by developer , to evaluate
developer ' s programs .
5 . 3 The developer will provide funding to off-site
child care facilities and/or programs within the
City of Concord which meet all applicable State
licensing requirements and any local
requirements . Information and/or referral
services shall not qualify for any credit or fee
reduction.
5 . 4 Any combination of the above .
5. 5 If a developer desires to exceed the child care
requirements for its project , it may, with the
concurrence of the Approving Body , obtain a
credit against the fee required of Section 4932
of the Concord Municipal Code for any future
project( s ) it develops in the City. A contract
shall be entered into between the developer and
the City specifying the amount of credit prior
to the issuance of any certificate of occupancy
for the project .
At the time of approval of a project , the Approving
Body shall determine the amount of any credit which
shall be granted, any conditions on the granting of
a credit , and the justification for granting exemp-
tions or credits under this section. The fee estab-
lished in Section 3 , above , which is not reduced by
this Section 5 , shall be paid in accordance with this
Program.
If a developer disagrees with the amount of any
credit , the developer may request a continuance of
the hearing in order to submit to the Approving Body
information justifying its position if the Approving
Body is satisfied that this information could not
otherwise have been made available to the Approving
4
Body at the original hearing. At a subsequent hear-
ing, held within a reasonable time after the request
i for continuance is granted, the Approving Body shall
make its determination regarding the granting of any
credit .
6 . TIME OF RECEIPT
The Building Division of the Public Works Department
shall have the responsibility for collecting the
Concord Child Care Program fee prior to issuance of
any certificate of occupancy for any project subject
to payment of the same. No certificate of occupancy
shall be issued until the receipt of the entire fee ,
or an amount attributable to the portion of the
project for which a certificate of occupancy has been
requested.
7 . DEPOSIT AND USE OF RECEIPTS
i
7 . 1 All funds received by the Building Division of
the Public Works Department shall be forwarded
to the Finance Department for deposit into a
special account set aside solely for the Concord
Child Care Program fees . Interest generated by
the Concord Child Care Program fees shall be
credited to the special account in the same
manner as the fees .
7 . 2 With the exception of initial program costs the
funds in the account shall be allocated,
beginning July, 1986 by the City Council to the
extent it deems necessary to meet the child care
needs created by new development . Application
for the funds must be made in writing to the
City Council by March 1 of each year .
8 . DISPUTES
If any dispute arises between a developer and the
City rgarding interpretation of this Policy or the
method of computing the contribution for a project ,
it shall be brought before the Approving Body by the
developer . The developer shall submit a written
statement of the dispute and the evidence supporting
its position. The statement shall be submitted eight
5
I
I .
(8) working days prior to the next meeting of the
Approving Body or when the project will be submitted
to the Approving Body, whichever is earlier . The
I City staff shall submit a written report to the
1 Approving Body and developer prior to the meeting at
which the dispute will be considered. The decision
of the Approving Body shall be subject to appeal to
the City Council pursuant to Section 2902 of the
Concord Municipal Code , unless the City Council was
the Approving Body.
j 9 . PERIODIC REVIEW
I{ The City Council shall review the Concord Child Care
Program annually in order to determine how it is
working and if any modifications are needed. Nothing
herein shall prevent the City Council or staff from
recommending a change in the program at an earlier
date .
10 . SEVERABILITY CLAUSE
If any provision or clause of this program or appli-
cation thereof to any person or circumstances is held
invalid, such invalidity shall not affect other
provisions or applications of this program which can
be given effect without the invalid provision or
application, and to this end the provisions of this
program are declared to be severable .
6