Loading...
HomeMy WebLinkAboutMINUTES - 09112012 - C.130RECOMMENDATION(S): APPROVE the reduction in the number of seats on the Local Planning Council for Child Care and Development and the corresponding revisions to the bylaws as recommended by the Local Planning Council and the Office of Education. FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Local Planning Council for Child Care and Development (LPC) was established in April 1998. Required by AB 1542, which was passed in 1993, thirty members of the LPC were appointed by the County Board of Supervisors and the County Superintendent of Schools. Childcare consumers and providers, public agency representatives, and community representatives each comprise 20% of the LPC. The remaining 20% are discretionary appointees. Membership is for a three-year term. On January 7, 2003, membership was decreased from 30 to 25 members, due to the difficulty being experienced in filling all of the seats. The Local Planning Council and the County Office of Education are recommending that the number of seats be APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/11/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruth Fernandez, 942-3413 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 11, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.130 To:Board of Supervisors From:David Twa, County Administrator Date:September 11, 2012 Contra Costa County Subject:Reduction in Seats and Amendment to By-Laws of the Local Planning Council for Child Care and Developement BACKGROUND: (CONT'D) further reduced to 20. This will be accomplished by eliminating one seat designated as Cental/South within each category. The current structure includes one East County seat, one West County seat, and three Central/South County seats. The new structure will include one West County seat, one East County seat and two Central/South County seats. With the elimination of the seats, staff proposes to re-name the remaining seats into a standard numeric sequence for ease of reference. All West County seats will be designated with a "1", all East County seats will be designated with a "4" and all Central South County seats will be designated either a "2" or a "3". The attached chart shows the current roster as of August 16, 2011, the seats to be eliminated, and the final seat distribution after re-titling. In addition to the seat changes, staff is requesting that the Board of Supervisors approved the corresponding revisions to the B-Laws to reflect the new seat structure. CONSEQUENCE OF NEGATIVE ACTION: The Council may be unable to fill their seats and meet quorum requirements, rendering them unable to meet and perform their duties. CHILDREN'S IMPACT STATEMENT: Failure of the Council to maintain the ability to reach a quorum hold meetings may negatively impact the Children's Report Card indicator - Children Health and Ready for School. ATTACHMENTS Seat Re-Distrtributin Chart Proposed Bylaws Seat Title Appt. Date Expires Name Consumer 1 West County 5/3/2011 4/30/2013 Crystal McClendon- Gourdine Consumer 2 Central/South County 4/30/2014 Vacant Consumer 3 Central/South County 4/30/2014 Vacant Consumer 4 Central/South County 4/30/2014 Vacant Consumer 4 East County 4/30/2012 Vacant Child Care Provider 1 Central/South County 10/19/2010 4/30/2013 Cathy Roof (First Vice-Chair) Child Care Provider 2 West County 5/18/2010 4/30/2013 Silvana Mosca-Carreon Child Care Provider 3 Central/South County 5/18/2010 4/30/2013 Kathy Lafferty Child Care Provider 4 Central/South County 3/23/2010 4/30/2012 Sue Houweling (Second Vice-Chair) Child Care Provider 5 East County 5/3/2011 4/30/2014 Vacant Public Agency 1 West County 4/30/2013 Carolyn Johnson Public Agency 2 Central/South County 5/18/2010 4/30/2013 Doug Rowe Public Agency 3 East County 4/30/2012 Jessica Beno Public Agency 4 Central/South County 5/3/2011 4/30/2013 Joan Means Public Agency 5 East County 4/30/2012 Vacant Community 1 West County 4/30/2013 Vacant Community 2 Central/South County 5/18/2010 4/30/2013 Deborah Penry Community 3 West County 5/18/2010 4/30/2013 Margaret Wiegert-Jacobs Community 4 Central/North County 8/25/2009 4/30/2012 Vacant Community 5 East County 5/3/2011 4/30/2013 Janeen Rockwell-Owens Discretionary 1 East County 4/30/2012 Vacant Terms of Office Discretionary 2 Central/South County 4/30/2012 Vacant Discretionary 3 Central/South County 4/30/2013 Vacant Discretionary 4 Central/South County 5/3/2011 4/30/2012 Estela Alvarez Discretionary 5 West County 5/3/2011 4/30/2013 Daryl Hanson (Chair) Seat Title Appt. Date Expires Name Consumer 1 West County 5/3/2011 4/30/2013 Crystal McClendon- Gourdine Consumer 2 Central/South County 4/30/2014 Vacant Consumer 3 Central/South County 4/30/2014 Vacant Consumer 4 East County 4/30/2012 Vacant Child Care Provider 1 Central/South County 10/19/2010 4/30/2013 Vacant Child Care Provider 2 West County 5/18/2010 4/30/2013 Silvana Mosca-Carreon Child Care Provider 3 Central/South County 5/18/2010 4/30/2013 Kathy Lafferty Child Care Provider 4 Central/South County 3/23/2010 4/30/2012 Sue Houweling (Second Vice-Chair) Public Agency 1 West County 4/30/2013 Carolyn Johnson Public Agency 2 Central/South County 5/18/2010 4/30/2013 Doug Rowe Public Agency 3 East County 4/30/2012 Jessica Beno Public Agency 4 Central/South County 5/3/2011 4/30/2013 Joan Means Community 1 Central/South County 5/18/2010 4/30/2013 Deborah Penry Community 2 West County 5/18/2010 4/30/2013 Margaret Wiegert- Jacobs Community 3 Central/North County 8/25/2009 4/30/2012 Vacant Community 4 East County 5/3/2011 4/30/2013 Janeen Rockwell-Owens Discretionary 1 Central/South County 4/30/2012 Vacant Discretionary 2 Central/South County 4/30/2012 Vacant Discretionary 3 East County 5/3/2011 4/30/2012 Estela Alvarez Discretionary 4 West County 5/3/2011 4/30/2013 Daryl Hanson (Chair) Contra Costa Local Planning Council for Child Care and Development (LPC) Seat Reduction Recommendations Seat Title STATUS Representative Seat Title STATUS Representative Consumer 1- West County Filled Crystal Gourdine Consumer 1- West County Filled Crystal McClendon-Gourdine Consumer 2 - Central/South County Filled Cynthia Castain Consumer 2 - Central/South County Filled Cynthia Castain Consumer 3 - Central/South County Vacant Consumer 3 - Central/South County Vacant Consumer 4 - Central/South County Vacant Consumer 5 - East County Vacant Consumer 5 - East Vacant Child Care Provider 1- Central/South County Filled Child Care Provider 2 - West County Filled Silvana Mosca-Carreon Child Care Provider 2- West County Filled Silvana Mosca-Carreon Child Care Provider 3 - Central/South County Filled Kathy Lafferty Child Care Provider 3 - Central/South County Filled Kathy Lafferty Child Care Provider 4 - Central/South County Filled Sue Houweling Child Care Provider 4 - Central/South County Filled Sue Houweling Child Care Provider 5 - East County Filled Child Care Provider 5 - East County Vacant Public Agency 1- West County Vacant Carolyn Johnson Public Agency 1- West County Filled Carolyn Johnson Public Agency 2 - Central/South County Vacant Public Agency 3 - East County Pending reappointment Jessica Beno Public Agency 3 - Central/South County Pending reappointment Jessica Beno Public Agency 4 Central/South County Filled Joan Means Public Agency 4 - Central/SouthCounty Filled Joan Means Public Agency 5 - East County Vacant Public Agency 5- East County Vacant Community 1 - Central/South County Vacant Margaret Wiegert-Jacobs Community 1 - West County Filled Margaret Wiegert-Jacobs Community 2 - Central/South County Filled Deborah Penry Community 2 - Central/South County Filled Deborah Penry Community 3 - West County Filled Community 4 - Central/South County Filled Sharon Bernhus Community 4 - Central/South County Filled Sharon Bernhus Community 5 - East County Filled Janeen Rockwell-Owens Community 5 - East County Filled Janeen Rockwell-Owens Discretionary 1- East County Filled Cathy Roof Discretionary 1 - Central/South County Filled Cathy Roof Discretionary 2 - Central/South County Filled Daniel Safran Discretionary 2 - Central/South County Filled Daniel Safran Discretionary 3 - Central/South County Vacant Discretionary 4 - Central/South County Filled Estela Alvarez Discretionary 4 - East County Filled Estela Alvarez Discretionary 5 - West County Filled Daryl Hanson Discretionary 5 - West County Filled Daryl Hanson Total Seats 25 Total Seats 20 DELETE COMMUNITY 3 DELETE DISCRETIONARY 3 SEAT ELIMINATION CURRENT SEAT DISTRIBUTION AS OF 9/16/2012 DELETE CONSUMER 4 DELETE CHILD CARE PROVIDER 1 DELETE PUBLIC AGENCY 2 Attachment A Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 1 - Contra Costa County Local Planning Council for Child Care and Development (LPC) Bylaws ARTICLE I Name The Local Child Care and Development Planning Council shall be designated the Local Planning Council and shall be referred to hereafter as the “LPC”. ARTICLE II Authority The LPC was formed on March 24, 1998, by the Contra Costa County Board of Supervisors and the Contra Costa County Superintendent of Schools. This was done in accordance with the state law established by Assembly Bill 1542 that required the formation of county level child care planning councils. ARTICLE III Statement of Purpose The LPC complies with California CalWORKs legislation AB1542 (Ed code Sections 8499.3 and 8499.5) and serves as a forum to address the child care needs of all families and all child care programs, both subsidized and non-subsidized in Contra Costa County. LPC Purpose and Duties: The LPC’s primary responsibilities are: Advise the County Board of Supervisors and County Superintendent of Schools on child care program and policy development issues: a) Develop priorities for child care funding from the California Department of Education, Child Development Division (CDD) when appropriate and requested. b) Develop a comprehensive countywide plan for child care, and; To comply with California law, the Council shall fulfill the following duties: 1. Conduct an assessment of child care needs at least once every five years. The needs assessment shall take into consideration all of the following: Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 2 - ARTICLE III Statement of Purpose continued a. The needs of families eligible for subsidized child care b. The needs of families not eligible for subsidized child care c. The waiting lists for programs funded by the CDD and California Department of Social Services (CDSS) d. The needs for child care for children who have been abused or neglected or are at risk of abuse or neglect as determined by CPS. e. The number of children receiving public assistance f. Family income among families with pre-school or school-age children g. The number of children of migrant workers h. The number of children with special needs i. The number of children from identifiable linguistic and cultural backgrounds j. Special needs based on geographic considerations, including rural areas k. The age of children needing services l. Any other factors deemed appropriate by the Council. 2. Document information gathered during the needs assessment which shall include, but need not be limited to: data on supply, demand, cost, and market rates for each category of child care in the County. 3. Encourage public input in the development of the countywide child development plan. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities. 4. Prepare a comprehensive county-wide child care plan designed to mobilize public and private resources to address identified needs. 5. Conduct a periodic review of child care programs funded by the CDD and CDSS to determine if identified priorities are being met. 6. Collaborate with subsidized and non-subsidized child care providers, the State/Local Children and Families (Proposition 10) Commission, county welfare and human service departments, job training programs, employers, integrated child and family service councils, parent organizations, and other interested parties to foster partnerships designed to meet local child care needs. 7. Design a system to consolidate local child care waiting/eligibility lists. 8. Coordinate part-day programs, including State Preschool and Head Start, with other child care to provide full-day child care, as appropriate. 9. Submit the results of the needs assessment and the local priorities identified by the Council to the County Board of Supervisors (CBS) and County Superintendent of Schools (CSS) for approval before submitting them to CDD. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 3 - ARTICLE III Statement of Purpose continued 10. Review and comment on proposals submitted to the CDE that concern child care to be provided within Contra Costa County. 11. Identify at least one, but no more than two, members of the Council to serve as part of the CDE team that reviews and scores proposals for child care services funded through the CDE. Council representatives shall not review and score proposals from Contra Costa County. 12. Develop and implement a training plan to provide increased efficiency, productivity, and facilitation of Council meetings 13. Provide consultation to CDE and CDSS regarding the development of a single application and intake form for all federal and state subsidized child care and development programs. ARTICLE IV Membership Membership consists of 20 active members, as amended by the LPC on May 24, 2012, and appointed jointly by the Contra Costa County Board of Supervisors and the Contra Costa County Superintendent of Schools as mandated by Assembly Bill 1542 legislation. Members appointed by the County Board of Supervisors and the County Superintendent of Schools shall be responsible for making decisions in regards to LPC functions and activities as stipulated in the Education Code Section 8499.3 and 8499.5. LPC members also have voting rights concerning LPC business and policy development and recommendations. In order to ensure compliance with State of California Regulations (Education Code Sections 8499.3 and 8499.5) every effort must be made to ensure that the membership of the LPC is diverse and that it is representative of the ethnic, racial, and geographic composition of Contra Costa County population. In the effort to promote inclusiveness of the diverse population in Contra Costa County, the LPC will invite participation in the work of Council Working Committees from the general public and members of appropriate professions. Members of the public participating in committee work do not have voting or decision making rights. Membership is open to all Contra Costa County residents or persons employed in Contra Costa County who wish to participate and that also meet membership requirements under Article V - Terms of Membership. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 4 - ARTICLE V Terms of Membership The initial term for LPC members shall be drawn by lot for one, two or three years. All following terms shall be for three years. Replacements shall be appointed by the Board of Supervisors and the Contra Costa County Superintendent of Schools to complete un- expired terms. As required by California law, LPC membership is as follows: Twenty percent of the membership shall be consumers. Twenty percent of the membership shall be child care providers, reflective of the range of child care providers in the county. Twenty percent of the membership shall be public agency representatives. Twenty percent of the membership shall be community representatives (who shall not be child care providers or agencies that contract with the Department of Education to provided child care and development services). The remaining 20 percent shall be appointed at the discretion of the appointing agencies. ARTICLE VI Meetings The LPC shall hold six (6) meetings at the regularly designated time and place. Meetings will be held in January, March, May, July, September, and November. The LPC Chair may change the meeting date at the discretion of the members and in consideration of official holidays that may impact member participation. All meetings shall comply with the Contra Costa County Better Governance Ordinance and the Brown Act. ARTICLE VII Attendance In order to have a quorum to conduct business, all members of the LPC shall be present at the appointed hour for each meeting of the LPC. No person may accrue more than two (2) unexcused absences in a fiscal year. The absentee must notify the LPC Coordinator or the LPC Secretary in advance of the meeting. Granting an excused absence is at the discretion of the Chair of the LPC. Excused absences include personal illness, jury duty, attending business on behalf of the LPC, work related business or due to a hardship deemed acceptable by the Executive Committee - illness of immediate family member, personal emergency. Those accruing three (3) unexcused absences will be notified their appointment is terminated. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 5 - ARTICLE VIII Resignation Any member may resign by giving written notice to the LPC Chair or Coordinator. The Chair shall report such resignation to the Council. ARTICLE IX Vacancies The Coordinator of the LPC shall notify (on behalf of the Chair) the Board of Supervisors and the County Superintendent of Schools when a position becomes vacant. A notice of vacancy will be publicized pursuant to the “Maddy Local Appointive List Act of 1975”. Subject to the consent of the Board of Supervisors and the County Superintendent of Schools, members of the LPC may assist with the solicitation and/or review of nominations received and may make recommendations to the Board of Supervisors and County Superintendent of Schools, who will then make the appointment. A list of persons interested in being nominated to the LPC shall be kept as a pool for future appointments. ARTICLE X Officers and Duties The officers of the LPC shall consist of a Chair, a First Vice Chair and a Second Vice Chair. The initial officers were selected by majority vote from the membership present at the August 1998 meeting. Subsequently, officers will be elected to a one-year term in May and shall hold office for one fiscal year. Voting shall take place at the May meeting. The officers shall take office at the July meeting. An officer shall serve no more than three (3) consecutive terms in any one position. Should the office of the Chair become vacant, due to the resignation or incapacity of the incumbent, the First Vice Chair shall temporarily assume the office. The Second Vice Chair shall fill the office of the First Vice Chair until the elected First Vice Chair returns. If the Chair or either Vice Chairs has resigned, a special nominating committee shall be appointed, which shall meet and present a slate of nominees to the LPC for the vacant office(s) at the next regular LPC meeting to fill the un-expired term of the vacated office(s). The vacancy(ies) shall be filled by majority vote. It shall be the duty of the Chair to: 1. Preside at all meetings of the Council. 2. Call special meetings. 3. Appoint the Chairperson(s) of Council committees and work groups. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 6 - ARTICLE X Officers and Duties continued 4. Serve as an ex-officio* officer of all committees. * Persons who are members by virtue of some other office or position that they hold. 5. Work with the staff of the Council to prepare an agenda for each meeting 6. See that members of the public have an opportunity to speak on agenda items at the appropriate time. 7. Represent the Council at appropriate functions and events. 8. Perform all other duties necessary or incidental to the office. It shall be the duty of the Vice Chairs to chair one committee, assist with the agenda, and assume the duties of the Chair in his or her temporary absence. ARTICLE XI Executive Committee An Executive Committee shall consist of all officers (the Planning Council Chair, First Vice Chair and Second Vice Chair), and all Working Committee Chairs. The LPC Coordinator shall also be a member of the Executive Committee. If the LPC Chair or any of the Vice Chair deems it necessary to act on a matter before the next regularly scheduled Council board meeting, the Executive Committee shall have the authority to conduct the business of the LPC. The LPC Chair may request the Executive Committee to take action. Such Executive Committee actions shall be subject to the review and ratification of the majority of LPC members present at the next regularly scheduled Council meeting. The duties of the Executive Committee are to provide leadership, monitor fiscal solvency, accountability and policy recommendations to the Council, and to perform other duties as specified in these bylaws. The Executive Committee shall review the scope of work and purpose of committees and workgroups at least annually and shall make recommendations to the Council Chair regarding their continuation or elimination. Committees shall meet at the call of the Committee Chair. Executive Committee members present and participating in any publicly noticed Executive Committee meeting, but no less than three (3), shall constitute its quorum. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 7 - ARTICLE XII Committees Committees or Work Groups shall be designated on a fiscal year by the Chair to conduct research and formulate recommendations on specific focus areas. The LPC shall have working committees, ad hoc committees or sub-committee/work groups to address special issues or requirements of the LPC. Working Committees will be defined by the Chair at the July LPC board meeting. Members will sign up for at least one committee per fiscal year as stipulated in the LPC member responsibility form. Working Committees shall meet at least quarterly and will follow The Brown Act requirements regarding the posting of meeting location, time and agenda. Ad hoc committees will be convened as needed. In accordance with The Brown Act, all meetings must abide by the non-discriminatory facilities regulations (Chapter V, § 54953.2 and §54961); meetings may not be conducted in a facility that excludes persons on the basis of race, religion, color, national origin, ancestry or sex or that is inaccessible to disabled persons or where members of the public may not be present without making a payment or purchase. Working Committees, Ad hoc Committees and Work Groups will be time limited and invite the involvement of members of appropriate professions and the general public. A Chair will be elected for and by each Committee and appointed by the Planning Council Chair. The Chair of each Committee is also a member of the Executive Committee. ARTICLE XIII Nominating Committee The outgoing Chair will appoint a Nominating Committee at the January meeting to provide adequate time for the Nominating Committee to meet and select nominees to put forth for Chair and Vice Chairs. A Nominating Committee shall meet, solicit and select nominees for the Chair and the Vice Chair positions. The Nominating Committee will present a slate to the LPC prior to voting at the May meeting. Additional nominations may be presented from the floor at that time. ARTICLE XIV Quorum A quorum for the transaction of official business shall consist of the majority of the total number of authorized seats on the body, not the majority of the total number of filled seats. Bylaws - LPC APPROVED 5/24/12 10-12-2006 REV 12/3/09, 1/28/10, 3/25/10 - 8 - ARTICLE XV Reimbursement Costs LPC members shall serve without compensation; except for the reimbursement of approved actual and necessary and reasonable travel and child care costs, providing funds are available. Receipts for expenditures shall accompany all bills. ARTICLE XVI Voting Each member must be present to vote. No proxies shall be accepted. Germane correspondence from an excused absent member may be read and considered a part of discussion. ARTICLE XVII Conflict of Interest No member of the LPC shall participate in a vote if he or she has a proprietary interest in the outcome. Prior to discussion of any item, proprietary interest shall be disclosed. All members will be subject to state and federal laws pertaining to conflict of interest. ARTICLE XVIII Parliamentarian Authority The rules contained in the current edition of “Roberts Rules of Order - Newly Revised” shall govern the LPC in all cases to which they are applicable and in which they are not inconsistent with these Bylaws or the Contra Costa Better Governance Ordinance or the Brown Act. ARTICLE XIX Amendment of Bylaws These Bylaws may be amended or repealed, and new Bylaws adopted at any regular meeting. Notification of such action shall be communicated to the County Board of Supervisors and the County Superintendent of Schools. Proposed Bylaws, amendments or Bylaws to be repealed must be given in writing to the LPC members one week prior to the meeting where the vote will be taken. A vote of two thirds (2/3) of the members present at that meeting shall change or amend these Bylaws.