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Home My WebLink AboutMINUTES - 03161999 - D3 TO: BOARD OF SUPERVISORS CONTRA FROM: FINANCE COMMITTEE = ! COSTA John Gioia COUNTY Donna Gerber DATE: MARCH 16, 1999 SUBJECT: Children and Families Flat Commission SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ESTABLISH the membership of the Children and Families First Commission as follows: Chair of the Family and Human Services Committee of the Board of Supervisors; Chair of the Board of Supervisors or another board member designated by the Chair of the Board; );�o County Health Officer; Community Services Director; ➢ Social Services Director; ➢ Nominee of the Mental Health Commission; >- Nominee of the Local Planning Council for Child Care and Development; Nominee of the Substance Abuse Advisory Board; and a representative of a Parent Advocacy Group to be nominated from a list of groups to be determined by the Board. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_,,,,,RECOMMENDATION OF BOARD COMMITTEE APPROVE X OTHER �# 4-06 L4 SIGNATURE(S): ' F' ACTION OF BOA RDON-I'Jarcrl 17 r = APPROVED AS RE ENDED V OTHER SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN AYES:�,�a IV NOES: 117 ACTION TAKER AND ENTERED ABSENT: Q.-je_ABSTAIN: nnn¢ ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Tony Enea(5-1050 March D 199 CC: Scott Tandy,CAO�-4 I ATTESTED Dr.William Walker,Health Services PHIL BATCHELOR,CLERK OF Vic Westman,County Counsel THE BOARD OF SUPERVISORS John Cullen,Social Services AND COUNTY ADMINISTRATOR Tony Colon,Community Services Icer:Corcoran,Auditor-Controller BY i� �� .�.�� DEPUTY 2. PROVIDE that each member of Commission shall have a designated alternate, except for Board of Supervisors members. REQUIRE that each alternate be approved by the Board of Supervisors from nominees selected as follows: • the alternates for the County Health Officer, Community Service Director and Social Service Director shall be nominated by the persons occupying those positions; • the alternates for the members nominated by the Mental Health Commission, Local Planning Council for Childcare and Development and the substance Abuse Advisory Board shall be nominated by those respective boards; • the alternate for the Parent Advocate member shall be nominated by a list of groups to be determined by the Board. 3. REQUIRE that the terms for members be established as follows: • one year for Board of Supervisors members; • no term limit for Department Head members; • two four year terms and two three year terms for the remaining four members, with all subsequent terms reverting to three year terms. 4. ESTABLISH that staff services shall be provided to the Commission by persons determined by the Board. 5. DECLARE the intent of the Board is for the Commission and Advisory Committee members to be diverse in terms of race, ethnicity, gender and geography. 6. REQUIRE the Commission to prepare and adopt an annual budget, subject to the approval of the Board of Supervisors and to further provide for periodic financial audits on a schedule established by the County Auditor. 7. DECLARE that the Board of Supervisors may order a management audit of Commission activities. 8. PROVIDE policy guidance to the Commission in the development of the strategic plan to ensure the plan addresses children's needs in the areas where service gaps are the greatest. 9. DIRECT the County Counsel to prepare any necessary amendments to County Ordinance 98-46 to incorporate the Beard's actions regarding the Children and Families First Commission and Proposition 10 implementation. BACKGROUND The Finance Committee met on March 8 to continue discussions on the Children and Families First Commission. Testimony was heard from members of the public and county staff of the County Counsel, County Administrator, Health Services, and the Social Services Department. Five memos and tables were discussed and are attached for your information. The Committee formulated nine recommendations which are listed above. The Committee recognizes that more discussion is required by the Board to identify and select nominees of a parent advocacy group and to determine the terms for the four community members. 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Westman, County Counsel Re: Proposition 10 Implementation At your committee meetings of February 22, 1999 on the above-noted matter, this office was asked to provide you with its comments concerning a number of proposals made concerning the composition of this county's Proposition 10(the"Act")Commission and related matters. At this.time,we have not drafted any further proposed ordinance code amendment language. Our comments follows: 1. ,Commission Alt=atetes_., it has been proposed that provision be made in this County's Commission ordinance for the appointment of alternates by the Board of Supervisors to serve in the place of the primary appointed Supervisor or Supervisors and/or representatives of non-profit local community organizations where the primary appointed person is absent or has a possible legal conflict. It was suggested Haat a model for this procedure could be as generally as set forth in the Government Code for the Local Agency Formation Commission(LAFCO-Gov. C. § 5632.5). We see no legal problem in adapting that LAFCO's procedure as an amendment to the county ordinance if desired. 2. Somiso_r___=d Com issig er Terms. 'There has been a proposal made that the terms of Supervisors should be rotated among the full Board's membership according to some to be developed Ordinance Code Procedure. If this is desired,such an ordinance code amendment could be drafted with finther direction as to its proposed content. In addition, it was proposed that consideration also be given to shortening the current ordinance specified terms of four years to one or two for some or all of the members of the Commission. If this amendment change is desired, with finther direction as to its content, a proposed amendment could be drafted. 3. Dmkmiated o= ° '!ori€s, A proposal was made that the Board of Supervisors' chair or the chairs' designate(another supervisor) should ex officio be a member of the Commission. We see no particular legal problem to this if desired and it could be specified by amendment to the ordinance. It was also proposed for consideration that the chairperson of the Board's Family and Human Services Committee be an ex officio member of the Commission which could also be specified in the ordinance if desired. Board of supervisors' Family and Human Services and Finance: Committees March 4, 1990 Wage 2 4. Qo nj3LDf't Df.-Putt Consideration was asked whether provision could be made for a code provided county officer(Health, Social Service Directors, etc.) serving on the Commission to designate and deputize a member of the director's staff to sit in that principal officer's absence. We believe such a provision could be formulated for ordinance amendment consideration. 5. 'o say-supmi or As this office has already indicated,we see no legal problem to a second supervisor being on the Commission assuming that the Board of Supervisors is satisfied as to the supervisor's qualifications. We note that Sec. 2.130.040 of the Alameda County Administrative Code provides that"one or more members from the board of supervisors"may be commission members and that this County's ordinance could be similarly amended. 6. CoInmissionAp oin e t kolia. It was proposed at one of the committee meetings on February 22,that a policy statement be added to the County's Commission ordinance indicating that wherever appointments to the Commission(and by the Commission to its advisory committees) are being considerer)attention should be given to possibly balancing those appointments according to demography,geography,gender,and ethnicity. The addition of such an intent policy to the County's ordinance would not, in our view,present any legal difficulty. (W.&I.C. § 5771(c).) 7. off,mi .on Staffing. At the commission meetings, some support was expressed for both either designating a particular department in the ordinance for general staffing purposes to the Commission or providing in the ordinance that the County Administrator would have the discretion to make such designation(s) among county departments to assure Commission's staffing. As desired,we will draft appropriate ordinance code amendment language to provide for the favored method of designating or allowing the assignment of staff to the Commission. 8. pU ,y.Qommissi 's Sgr&ific Plan Policy, At one of the committee meetings, it was suggested that an ordinance guideline policy be developed indicating that the commission's primary or principal concern when formulating its strategic plan should be the addressing of children's needs in the areas where those needs are the greatest. If it is desired,such a policy guideline could be drafted for further consideration. 9. Ca over"&sme Acggunt off,Fwd. At the February 22, 1999 committee meetings, this office was asked if it would be possible to establish some sort of reserve fiend(for capital or other purposes?) from received Proposition 10 taxes which could be carried over from fiscal year to fiscal year. It appears that the provisions of the Act(Proposition 10)would allow such an arrangement. The Act provides that funds not encumbered or expended remain in the local trust fund for the next fiscal period. Obviously, if they are encumbered for some reserve purpose,they would(in the same manner) carry over to the next fiscal period. Board of Supervisors' Family and Human Services and Finance Committees r March 4, 1999 Wage Of course,such a reserve fund would remain subject to the requirement that it could only be spent for purposes authorized by Proposition 10 and in accordance with the County Commission's approved strategic plan. In other words, in any subsequent fiscal year, assuming it was consistent with the Act and the County's approved strategic plan, the reserve could be expended. (Health&Safety Code, § 130105(d),(2)(A) &.(B).) 10. Local Commission AuditsandQQ t l� itv. At your last meeting,some clarification was requested as to a local county first commission's audit requirements and its .accountability. To discuss this subject,the audit and accountability provisions of Proposition 10 (the Act),must be reviewed. The Act provides that on or before October 151 of each year, a local county commission shall conduct an audit of,and issue a written report on the implementation and performance of its functions during the preceding fiscal year including the manner in which funds were expended and progress and achievement made toward its adopted strategic plan program goals and the measurement of specific program outcomes through appropriate reliable indicators, (§ 130150.) Upon completion,a local county first commission's audit and report must be transmitted to the state commission. The state commission is then required on or before January 316'of the next succeeding year to prepare a written report that, in part, analyzes and comments on the involved county commission's annual audits and report. Q§ 130125(g)& 130150(b).) Each local county:first commission is required on an annual basis to review its county strategic plan and revise the plan as necessary or appropriate. (§ 130140(a),(C)(iii).) Presumably, when annually reviewing its plan for possible revision, a county first commission would consider any analysis and comments made by the state commission concerning its prior submitted audits and report. Finally,the Act provides that county first commissions,in administering their plans,shall use outcome-base accountability to determine fixture expenditures. (§ 130100(c).) In the Act,there are no express provisions that require any periodic financial audit of a local county first commission and its financial activities. You may wish to consider amending the county's ordinance to provide that the Commission(on an annually or at least a biannually basis)must have a fiscal audit performed by the County Auditor or a certified public accountant or public accountant in the employ of the county auditor with the costs thereof charged to the local trust fund. This is similar to the audit required by the Government Code to be performed for joint exercise of powers authorities and most special districts. (e.g.,Gov. Code, § 6505.) 11. QUI Co=jy CoMMi€ siouBudgrA Appxml, At your meeting, it was asked if the Board of Supervisors could require its approval of any proposed County Commission's annual budget. It should be noted there is nothing expressly in the Act(Proposition 10)that provides for or requires the preparation of an annual budget by a local commission. Also,there is nothing in the Act that specially provides for oversight by the Board of Supervisors,should the commission Board sof Supervisors' Family and Human Services and Finance Committees March 4, 1999 Page 4 prepare and adopt an annual budget. With the aforenoted lack of any express statutory authority in this regard.,we believe that the Board of Supervisors in its Ordinance establishing this county's commission could require that the Commission prepare and adopt an annual budget essentially in the same manner as the Board of Supervisors must do annually for the County and Board governed districts. (Gov, Code, §§ 29000 ff.) The only provisions in the Act(Proposition 10) that arguably provide authority for the Board of Supervisors to impose an annual budget Board approval requirement for the Commission are those found in Health and Safety Code section 130140, (a)(1),(B) as follows: "(1)The county's board of supervisors has adopted an ordinance containing the following minimilm provisions. (B)The manner of appointment,selection,or removal of members of the county commission,the duration and number of terms county commission members shall serve,my other matt, IhX th-q boud ofxperyis rsti e s nece s= r_coUven=tn, for the onduct Qf the c mlyorrc � y ion's oadmities,provided that members of the county commission shall not be compensated for their services,except they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the county commission. ..." Concerning the.above-noted quotation and underlined provisions from the Act,this office has been advised that some other counties have utilized it evidently as a basis to support,their imposing within their ordinances' texts,the requirement that their commissions must prepare an annual budget and that the annual budget requires their board of supervisors' approval before implementation. While not free from doubt,we believe the Board here could impose a similar, annual budget approval requirement. VJW/jh H-.VHPRNOANN\VJ W\PRP E Oi MP.W PD a LOCAL AGENCY FORMATION COMMISSION § 56325 56325. Continued existence of commissions; Commission members s. There is hereby continued in existence in each county a local agency formation commission. Except as otherwise provided in this chapter, 5 , the commission shall consist of five members selected as follows: (a) Two representing the county, appointed by the board of supervi- sors from their own membership. The board of supervisors shall appoint a third supervisor who shall be an alternate member of the commission. The alternate member may $erve and vote in place of any supervisor on the commission who is absent or who disqualifies . himself or herself from participating in a meeting of the commission. If the office of a regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment ,and qualification of a regular county member to fill the vacancy. (b) Two representing the cities in the county, each of whom shall be a city officer, appointed by the city selection committee. The city, selection committee shall also designate one alternate member who shall be appointed and serve pursuant to Section 56335. (c) One representing the general public appointed by the other four members of the commission. The other four members of the commis- ° Sion may also designate one alternate member who shall be appointed 1 and serve pursuant to Section 56331. ` Added Stats 1985 ch 541 §3, effective September 9, 1985, operative January 1, 1986. Prior lAw: (a) Former §54784, as added by Stats 1965 ch 587 § 10, amended by Stats 1965 ch 2045 ; § 11. Stats 1968 ch 820 § 1, Stats 1976 ch 31 §6, Stats 1981 ch 1181 § 1, stats 1982 ch 205 § 1. (b)Farmer§54776, as added by Stats 1963 ch 1808 § 1. Former Section: Former §56325, similar to present §57090, was added by Stats 1970 ch 953 §3 and repealed by Stats 1985 ch 541 §4, effective September 9, 1985, operative January 1, 1986. Cross References: . Alternate public member: §56331. Enlargement of commission: §56332.. Appointment of public members to enlarge commission: §56333. j Procedure to appoint city members: §56335. i r. 333 UTIC)NS CODE WELFARE AND INSTITUTIONS CODE § 5771.3 a program apo Planning Council. The purpose of the planning council shall be to fulfill those the components mental health planning requirements mandated by federal law. hall he respon- (b) (1) The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a. ie department's balance of state and local concerns relative to planning. re such modl%fi- (2) As required by federal law, eight members of the planning council shall each proposal represent various state departments. (3) Members of the planning council shall be appointed' in such a manner as lrcant approvers to ensure that at least one---half are persons with mental disabilities, family e its license in members of persons with mental disabilities, and representatives of organiza- -14 in consulta- tions advocating on behalf of persons with mental disabilities. Persons with mine the most mental'disabilities and family members shall be represented in equal numbers. } (c) and (d). (4) The Director of Mental Health shall mare appointments from nominees ure of all pilot from mental health constituency organizations, which shall include represen- the commence- tatives of consumer—related advocacy organizations, representatives of men- iveness of.that tal health professional and provider organizations, and one representative of ages in clinical the California Coalition on Mental Health. (c) Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in .1th" in subd (a); (2) all target populations, including, but not limited to, children and youth, :he beagirming of the adults, and older adults. eco" (d) The planning council shall' annually elect a chairperson and a vice chairperson. (e) The term of each member shall be three years, to be staggered so that ap- °n any facility proximately ono--third of the appointments.expire in each year.. ent s conserva- (f) This section shall remain in effect only until January 1, 1999, and as of e given a writ- that date is repealed, unless a later enacted statute, that is enacted before ility. The writ- January 1, 11999, deletes or extends that date. the following Added Stats 1992 ch 1374 §45 (AB 14), effective October 27, 1992. Amended stats 1993 ch 564 §5 (SB 43), operative until January 1, 1996; Stats 1995 ch 712 §5 (SB 229), operative until January 1, 1999. Amendments: 1993 Amendments(1)Amended the first sentence of subd (a) by substituting(a)"Public Law 102-321"for le patient was "Public Law 90,6W";and(b)"California Mental Health Planning C;ounc&for°State P4nning Council"; the form-shall (2)substituted a period for",as follows,"at the end of subd(b)(1); (3)deleted "Addiifonal"at the begin- tedications. tag of subd-(b)(3); (4) amended subd (b)(4) by (a) deleting "nine" before "appointments`; (b) deleting "six" before "representatives of consumer-related"; (c) deleting "two" before "representatives of mental health"; (d) adding "and" after "professional"; and (e) substituting "Cal fomia Coalition on Mental o the patient's Health" for"California Mental Health Coalition"; and (5)added subds(e)and M. 1995 Amendment- Amended subd (f) by substituting (1) "January 1, 1999" for "January 1, 1996" both times it appears; and (2) "that" for "which" after"enacted statute,". e or she may 5771.3. (Operative until January 1, 1991) Utilization of other agencies' staff. ,ecbpy of (a) The California Mental Health Planning Council may utilize staff of the 1e patient. State Department of Mental Health, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health of the public and that are able and willing to provide those services. (b) This section shall'remain in effect only until January 1, 1999, and as of A ration related to that date is repealed, unless a later enacted statute, that is enacted before January 1, 1999, deletes or extends that date. Added Stats €992 ch €374 §46 (AB 14), effective October 27, 1992, operative until January 1, €995. ealth Planning Amended Stats 1993 ch 564 §6 (SB 43); Stats 1995 ch 712 §6(SB 227), operative until January 1, 1999. Amendments, �t'L°t1C344 Section h: :s terllination allocation (t(' mirpius 61)18. Transit equipment; acquliit:on or Lrans- gl eenIe"t and tits money, fer; transfer of federal income tax deterrrlineci pursUar. 6516. Agencies and nonprofit corporations con- benefits; agreement; duties; fee. u;ade at least once ducting fags or exhibitions; authority 6523.5. Private, nonprofit hospitals in county of shall be filed as a p to form insurance pooling arrange- ninth class. county auditor of tlr mems for compensation and liability 6523.6• Private, nonprofit hospitals in counties sent to an ub11c purposes; assumption of prior obli- of the 21st class; joint powers agree. iorit . hese r gations; reserve fund. exam 6516.3. Orange County; issuance of bonds; 61523.7. Private, nonprofit hospitals in counties i � f loans to local agencies; use of Loan of the 33rd class; joint powers agree- (e� Any costs o money; repayment terms. r ments. pu lic accountants, 6516.9. Joint powers agency members autho- 6523.75. Nonprofit hospitals of the third class; shall be a charge joint powers agreements. L All agencies rized to conduct fairs and exhibitions; 6526. Agencies relating to water resources; risk pooling arrangements for liability exercise of powers. annual special audi purposes for nonprofit corporations; 6527. Health care districts and nonprofit cor- Notwithstan losses by special event users, lessees, porations; joinder to pool self-insur- be exempt from tr and licensees. ance claims or losses. Controller to satis (Amended by Stat § 6506. Public agency Notes of Decisions 1995 Legislation Legislative $ndir. Nonprofit corporation 2 title of Stats-1998, Statutory Dotes un( 2. Nonprofit corporation A joint powers agency may not be established by a city # 6506a Agency and a nonprofit public benefit corporation created by the city. 81 OpAtty.Gen.213,6-18-98. Governing board § 6502. Authority for agreement; out of state agencies § 6508. Power Notes of Decisions Development impact fees 3.8 the development of property in a geographical are that is Dual office holdit not within the boundaries of any of the contracting par- ties. 81 Op.Atty.Gen.218,6-18-08. 3.8. Development impact fees A joint powers agency established by a city and another 3.5. Dual office local agency may not impose development impact fees or, Members of tl neously serve as z § 6505. Accountability, reports, audits § 6509. Powe The agreement shall provide for strict accountability of all funds and report of all receipts and disbursements. Scope of powers L In addition, and provided a separate agency or entity is created, the public officer performing the functions of auditor or controller as determined pursuant to Section 6505.5, shall either make or contract 1. Scope of po' with a certified public accountant or public accountant to make an annual audit of the accounts and Joint powers records of every agency or entity, except that the officer need not make or contract for the audit in any mert between F case where an annual audit of the accounts and records of the agency or entity by a nertified public not required to accountant or public accountant is otherwise made by any agency of the state or the United States only as to those accounts and records which are directly subject to such a federal or state audit. In each case § 6512.2. Pc the minimum requirements of the audit shall be those prescribed by the * * * Controller for special districts under Section 26909 * * * and shall conform to generally accepted auditing standards, If the perp. * * * entities, the cl When an audit of an account and,records is made by a certified public accountant or public construed as accountant, a report thereof shall be filed as public records with each of the contracting parties to the to the parties agreement and also with the county auditor of the county * * *where the home office of the joint powers agreement is authority is located and shall be sent to any public agency or person in California that submits a written completion o: reg A to the jourt powers authariky The report shall be filed within 12 months of the end of the fiscal contribution= year or years under examination. (Added by S, Additions or changes Indicated by underline; deletions by asterisks * * * E tl 72 I .A '.:1:� 1 � )<� �: 1,(1\ i;liA111•;A' i• t t1E11 ,` 11 > � _� illi 1�'lzt'tl ,1 n„n1,1„(it , . 1•l� l•,l;i :l t� ,iz..ai:u;,t;•�i 1i, ,,�r� •I!: , , ai;:.:�:;�• . .,, ,.� . ; . n'<{iilSlt 1011 1)1• U"..... :tgrt't'ment and las ptillllt' it .t1Tlil't'ti ! Jwl'! 'rl:. ;t,' ,•ti1't'at! ;il.tlillr k rc / ti, ri.;il i, ! i+ n ;+ :1 �{f't1?i'tillilt`.( l)t! 1kEtlt It 't9t<,;' .,. ;t 1 ;tlktl I ills' Rt't'��"''''.' :t.'-t I'1�";� {.: tf .1' 11: duties: illy. made at least once each YOA:• hY 1t t•t':1010d -till:(' aCt't)tai2Nt[lt t)I• 1111hhe At'C`tttl?ltallt, ItL31l a ?'t'llt)t't 111rI'°.' l �ilaatls lit coullt., ;hall 1Je flied its a Public record w;dl cach of the cont.rim ing 1).;rtios tt1 tho agr oul"'wili AEIti with th'' count y auditor of the county where the }zot to office of the ioint powers rs autl of ity is located, and shall 1w aspitals ;:zcount: ; sent to an a lic a enev or person in California: that submits a written re nest to the oint powers 'o`•I' 1'`"s'el` atn c, - ; authority.. These reports shall be filed %crit in 12 rzonths after the end of the fiscal Year lir years under I examination. lapitals in eoull4ie� j joint powers agree- ; (e) Any costs of the audit, including contracts NOth, or employment of certified public accountant, or public accountants, in making an audit pursuant to this section shall be borne by the agency or entity and of the third class: shall be a charge against any unencumbered funds of the agency or entity available for the purpose. nents. ( > ,All agencies or entities may, by unanimous request of the ,governing body thereof, replace the water resol cep, annual special audit with an audit covering a two-year period. and nonprofit cor- t (L7 Notwithstanding the foregoing provisions of this section to the contrary, agencies or entities shall to pool self-insur- be exempt from the requirement of an annual audit if the financial statements are audited by the =s. Controller to satisfy federal audit requirements. (Amended by Stats.1998, c.876(S.B.1649), § 4.) Historical and Statutory Nates 1998 Legislation Legislative findings, declaration and intent and shorn title of Stats.1998, c. 876 (S.B.1649), see Historical and Statutory Notes under Government Code§ 1481. § 6506. Agency to administer agreement; providing for exchange of services Notes of Decisions Governing board 5 § 6508. Power of administering agency; scope and exercise Notes of Decisions !ographical are that is the,contracting par_ Dual office holding 3.5 deny Airport Authority Commission. 78 Op.Atty.Gen. 60, Mar. 7, 1993. 3.5. Dual office holding Members of the Burbank City Council may simulta- neously serve as members of the Burbank-Glendale--Pasa- § 6509. Power of administering agency; restrictions of all receipts and Motes of Decisions Scope of powers 1 acquire land,even though conservancy could:lot purchase cer performing the land without such approval, inhere agreement imposed t° Crake ot° enntrac- sante restrictions upon agency's powers as imposed upon z I. Scope of powers part, districts, which were nt,t Alli-kiect to Same re.�triction. the accounts and Joim powers agency created under joint puzz'ers agret.- Ct;opel v. Mountains liarcre=lttio.l and Gun tl7ati.,lt .�:,- or the audit in any trent between public conservancy and park districts was thority (Canyon Oaks ',state::) fApla. 2 Dist. 19(18) N a certified public not required to obtain approval of Public Works Board to Cal.itptn2d 8K 61 C,"al.AppAth 1115,a;modified. United States only audit. In each case § 6512.2. Pooling of self-insurance claims of two or more local public entities; effect of termi- ntroller for special nation; allocation of surplus money .uditing standards. If the purpose set forth in the agreement is to pool the self-insurance claims of two or more local public entities, the agreement may provide that termination by any panty to the agreement shall not be -ting parties to the ant or public construed as a completion of the purpose of the agreement and shall not require the repayment or return ting to the parties of all or any part of any contributions,payments, or advances made by the parties until the of the.point powers agreement is rescinded or terminated as to all parties. The agreement may provide that after tine t submits a written completion of its purpose, any surplus money remaining in the pool shall be returned in proportion to the ht: end of thtx fiscal contributions made and the claims or losses paid. (Adtlecl l:y Staw,19(97, t.•, 131 (S.B,i l:r:i), § :e.) S $ ' Additions or changes indicated by underllne; deletions by asterisks ° 7:i Office of the County Counsel Contra Costa County 651 Pine Street, 0th Floor Phone: (925)335-1800 Martinez, CA 04553 Fax: (925)646-1078 Date: March 1, 1999 To: Board of Supervisors From: Victor J. Westman, County Cou see V'o Re: County Strategic Plan Adoption for Proposition 10 Implementation At the Finance Committee's February 22, 1999 meeting, this office was asked to obtain the opinion of the California Attorney General as to whether it was necessary to adopt the County Commission's first strategic plan prior to July 1, 1999 in order to avoid any risk of losing Proposition 10 tobacco tax funds received for the period between January 1 and June 30, 1999, In doing the legal analysis required to support such an opinion request to the Attorney General's office, I formed the opinion that it is clearly not necessary for the County Commission to adopt its first strategic plan on or before July 1, in order to retain Proposition 10 tobacco taxes received prior to June 30, 1999, For this reason, I recommend that no California Attorney General's opinion be requested in this regard. DISCUSSION: Proposition 10 was approved at the November 1998 general election and enacted the "California Children and Families First Act of 1998" (the "Act") by adding Division 108 (commencing with Section 130100)to the California Health and Safety Code. All section references hereafter will be to provisions contained in Division 108. The Act provides that for participating counties (such as Contra Costa) after January 1, 1999, 80% of the Proposition 10 tobacco taxes collected shall be allocated and appropriated to county commissions for the period between January 1, 1999 and June 30, 2000. (§§130105(d), (2) & 130140(a).) For funds that any participating county receives between January 1, 1999 and June 30, 2000, no expenditures may be made until and unless the involved county commission has adopted its first county strategic plan. (§130140(b).) The Act further provides that any funds allocated and appropriated to a local county commission's trust fund that are not encumbered or expended within any applicable fiscal period remain in the same local trust fund for expenditure during that next fiscal period in accordance with the involved county commission's approved strategic plan. (§130105, (d), (2)(B).) For the fiscal year commencing July 1, 2000, and each fiscal year thereafter, a county commission will continue to receive Proposition 10 tax revenues only if it has properly adopted an adequate county strategic plan, submitted the plan to the state commission, conducted required public hearings and completed and submitted all "Board of Supervisors March 1, 1999 Page 2 audits required to the state commission. (§130140, (d).) The only prevision in the Act (Proposition 10) that requires the return of funds to the state commission after they are deposited in the local county trust fund is where a county "elects not to continue participation in the" Act's program. In which case, any unencumbered and unexpended funds remaining in the local trust fund shall be returned to the state trust fund for reallocation and reappropriation to remaining participating counties in the following fiscal year. (§ 130140,(e).) Based on the foregoing noted provisions and sections of the Act (Proposition 10), it is my opinion that the only event that would require that funds be returned from the local county trust fund to the state trust fund prior to July 1, 2000, would be the Board of Supervisors' election not to continue participation with the Act's program. VJW/jh cc: Phil Batchelor, County Administrator Attn: Scott Tandy, Chief Assistant William Walker, Health Services Director H:%JHERE\JOANN\STR?EGIC.Wr D W-1i I I A M B. WA K'R. M. D. OFFICE OF HI AI Ili S iiv i,, Digi c for ,Y a THE DIRECTOR 20 Allen Street Martinez, California C O N K �A COSTA`S94553-3191 J H EALTH EDW ICES Ph (925) 370-5010 Fax (925) 370-5098 TO: %e Finance Committee Family & Human Services Committee FROM: ?Mary Foran, MPH Assistant to the Director DATE: February 26, 1999 SUBJECT: Proposition 10 Referral: Additional Information on Distribution of Problems At the Finance Committee discussion on February 8, information on the distribution of problems which might be addressed by Proposition 10 was requested. Information on perinatal substance abuse and perinatal problems in general has been provided. Attached are two additional documents. The first gives a picture of the perinatal indicators (low birth weight, births to teens and timing of prenatal care) for Fast, Central and West County. The most critical factors for healthy births are access to early prenatal care, which is dramatically decreased when families are uninsured, and effective intervention during pregnancy to address nutritional needs, smoking and substance abuse. The second summarizes the results of parent focus groups held in 1994 as part of an earlier planning effort. What is striking about these findings is that parents across geographic, racial, ethnic and economic groups shared many of the same concerns. MF:mg Attachments % Contra Costa Community Substance Abuse Services - Contra Costa Emergency Medial Services + Contra Costa Environmental Health a Contra Costa Health Pian • Contra Costa Hazardous Maieria:s Programs •Contra Costa Mental Health a Contra Costa Public Health o Contra Costa Regional Med:cal Center a Contra Costa Health Centers VV'n I l�m B3 WA1 KI R. M. D. OFFICE OF H[po j,i Si f;m(f; Dias tor. Aklatl ` THE D ECTOP 20 Allen Street Martinez, Califorma CONTRA COSTA 94553-3191 HEALTH S E R V I C E S °h (525) -------- Fax (525) 370-5038 Perinatal Indicators by Region of County Introduction This briefing contains information about the distribution of population and births in Contra Costa County,and three issues related to infant health—low birth weight, births to teenagers and late entry into prenatal care. All of the information here is presented by the three regions county(East,West and Central) defined by zip codes. (A description of the regions by zip code and a map of the regions is included at the end of this briefing). Several different sources for data were used in the process of assembling this report. Information about the demographics of and population estimates for Contra Costa and California come from the 1990 Census, the California Department of Finance, and population estimates from Claritas, a population statistics company. The data used to create the perinatal statistics, low birthweight,late entry into care and teenage pregnancy are from Birthnet, a computerized source of birth statistics maintained by the California Department of Health services (CDHS). This data was compiled and analyzed by the Contra Costa Health services,Family,Maternal and Child Health Program. The following charts and tables are include in the briefing: •Population by Region, Contra Costa County, 1980, 1990 and 1997 •Nl umber and Percentage of Births by Region, Contra Costa County, 1992-1997 • Number and Percentage of Mothers Who Received Prenatal Care in the First Trimester by Region, Contra Costa County, 1912-1997 (Chart and Table) •Regions and Cities/Places by Zip Codes,Contra Costa County • Three Regions of Contra Costa by Zip Code We hope that this Perinatal Briefing Report provides useful insight into significant perinatal issues in the county. Distribution of Population and Births 1. Population distribution The following table describes the distribution of the population in the three regions of the Contra Costa County in 1980, 1990 and 1997. While growth occurred in all regions of the county, proportions were shuffled. The proportion of the population in West and Central County declined while the proportion in East County increased. Contra Costa Community Substance Abuse Serv,ces : Contra Costa Emergency Medical Services + Contra Costa Environmental Health + Contra Costa Heath Plan d Contra Costa Hazardous Matena's Programs +Conva Costa Mental Health • Contra Costa Public Healt� - Contra Costa Regional Med cap Center n Contra Costa Health Centers s Po dation b Region , Contra Costa County 1980, 1990 and 1997 egron ref 198} 1990 1' 7� theCxu.nty um erct rrrrbr' Ircerrtber ' rerrt i Region to Rgzan in, girr in ort! legvn m Rgio East 117,216 17.51 177,257 2159 223,175 24.47 West 193,991 28.98 225,965 27.52 233,908 25.65 Central 358,090 53.50 417,763 50.89 454,788 49.87 s Estimated 2. Distribution of Births by Region, Contra Costa County Proposition 10 will distribute funds to counties based on annual number of births. In Contra Costa County the number of births each year has declined dropping from 12,737 births in 1992 to 12,288 births in 1997.Between 1992 and 1997 proportion of births has declined in West County(from 30.1%to 26.79!0) ,increased in East County(from 31.5%to 34.2010) and remained about the same in Central (from 38.3% to 39.0010) Number and Percentage of Births by Region, Contra Costa Court ,1992-1997 1 Ease Wiest Izrrr ber f ;of AIi Nu:rrber c f Olzs of All i'+dun'ber.af I °I�i of X11 dear 13Oths iu z wffi th Births C:Ount��3rrths Baths rrtyBrrt rs: 1992 4864 38.3 4004 31.5 3820 30.1 1993 4842 38.4 4090 32.4 3665 29.1 1994 4830 38.8 4068 32.7 3536 28.4 1995 4968 39.8 4171 33.5 3316 26.6 1996 4753 38.6 4232 34.4 3315 26.9 1997 4792 39.0 4203 34.2 3281 26.7 Factors Related to Poor Infant Health 1. Low Birth Weight A low birth weight baby is one that is less than 2500 grams at birth. The percentage of low birth weight births is calculated by dividing the number of infants weighing less than 2500 grams in a calendar year by the total number of live births that year. Low birth weight babies have a higher risk of congenital anomalies, need more intensive hospital care and suffer from a higher rate of illness (particularly respiratory illnesses) and death in the first year of life. Between 1992 and 1997 there were 4,631 low birth weight births in Contra Costa County, an average of 771.8 per year. Approximately 6% of all births in the county are low birthweight births. In 1997 there were 253 low birth weight births in Central County (5.3% of all births in CentralCounty), 277 in East County (6.61/1o) and 244 in West County (7.4%). Between 1992 and 1997, the percentage of low birth weight births has increased in East County (froze 5.7%to 6.6%),decreased in West County (from 8.0% to 7.4) and remained the same in Central County (from 5.0% to 5.31/6) . Pastors that are related to low birth weight births include preterm birth, tobacco use during pregnancy,young or old maternal age,low income,low maternal education level,alcohol/substance abase during pregnancy,multiple gestation,history of low birth weight,and late entry into prenatal care. 2. Births to Teenagers .According to the 1996 Atlas ofBirths to California Teenagers,teenage mothers are at higher risk than older mothers for poor pregnancy outcomes including pre-eclampsia,preterm delivery, and low birthweight infants. This report also nested that teenage mothers were less likely to complete high school and become financially independent, and more likely to experience marital instability, restricted educational attainment and poor economic status. Between 1992 and 1997,the percentage of all births to teenagers(less than 18 years of age)in Contra Costa County has remained virtually the same. In 1992 there were 413 births to teenagers, constituting 3.3% percent of all births. In 1997 there were 424 births to teenagers which was 3.5% of all births. Both West and East County have a higher percentage of births to teenagers (5.1% and 4.0% respectively) compared to Central County (1.7%) . While the highest percentage of births to teenagers occur in West County, the number and percentage of these births has steadily increased in East County between 1992 and 1997. Factors that contribute to births to teenagers include low income, low maternal education level, race/ethnicity (African American, Hispanic), lack of effective contraceptive use/family planning practices,lack of education/counseling regarding contraceptive use/family planning,previous teen pregnancy, and initiation of sexual activity at a young age. 3. Lack of Prenatal Care in the First Trimester Prenatal care in the first trimester refers to the percentage of mothers who received prenatal health services in the first three months of pregnancy,which is the optimal time for such care. Prenatal care is an important component in the development of a healthy baby.Early and comprehensive prenatal care improves the chances of a positive outcome for both mother and child by identifying conditions that might complicate the pregnancy and by providing the time for education to occur about nutrition, exercise and preparation for pregnancy, labor, delivery,postpartum and early parenting. Overall there was a significant increase in the percentage of mothers receiving prenatal care in the first trimester in Contra Costa County between 1992 and 1997.There was a decline in the number of women receiving prenatal care in the first trimester in the East and Central County starting in 1993 and continuing until 1996.But all regions of the county improved in 1997. Factors that are related to women = receiving prenatal care in the first trimester include low income,young maternal age/teen pregnancy,low maternal education level, race/ethnicity(African American,Hispanic),maternal substance abuse,and lack of health insurance.The timing of prenatal care is also sensitive to changing eligibility factors including whether coverage or a provider is available. Prenatal Care in First Trimester by Region Contra Costa, 1992-1997 90 —--- 85 -- 41 _ — ---- 0- 80 75 --- � 1992 1993 1994 1995 1996 1997 ventral -- East - --«- _ West Number and Percentage of Mothers Who Received Prenatal Care in the 1st Trimester by Region, Contra Costa Count , 1992-1997 t of s 1 cx±t�zt f rr 8sirs 3 . ch�r� esti itxzvixxcutts�W. t 3a xs �crsvxg 'aetaKal ? tste stz Pra re� 3scsettCe lads vtka;s Trse 1992 4210 86.6 3339 83.4 2953 77.3 1993 4268 88.1 3433 83.9 2886 78.7 1994 4193 86.8 3422 84.11 2907 82.2 1995 4283 86.2 3334 79.9 2705 81.6 1996 3886 81.8 3240 76.6 2720 82.11 1997 4281 89.3 3500 83.3 2774 84.5 Re ions and Cities/ Places by ZipCodes, Contra Costa nty West Central East Cities/Places Zip Codes Cities/Places Zip Codes Cities/Places Zip Codes Crockett 94525 Alamo 94507 Antioch 94509 El Cerrito 94530,947016 Blackhawk 94506 Bay Point 94565 El Sobrante 94803 Concord 94518,94519, Bethel Islands 94511 94520 Hercules 94547 Casa Correo 94521 Brentwood. 94513 Mira Vista 94805 Danville 64526 Byron 94514 Pinole 94564 Diablo 94528 Canyon 94516 Port Costa 94569 Lafayette 94549 Clayton 94517 Richmond 94801,94804 Martinez 94553 Knightsen 94548 Rodeo 94572 Moraga 94556,94575 Oakley 94561 San Pablo 94806 Orinda 94563 Pittsburg 94565 Pleasant Hill 94523 Rheem Valley 94570 San Ramon 94583 Walnut Creek 94595,94596 Ygnacio Valley 94598 Three Regions of Contra Costa County by Zip Code 94525 4569 East West 94520 94553 945 liv4521 452 518 94549 a. Y/ 6 94517 945 459 45 194500 7,,,,_. 4 51 94575 \ 94526 '94506 J Central , � 94583 PLANNING THE FMO FMO Goals, Values, Parameters THE FAMILY FOCUS GROUPS ftrpose In August 1994, the planning staff of the Family Maintenance Organization (FMO), a project sponsored by the Contra Costa County Health Services Department's Office for Service Integration (OSI), and funded by The Robert Wood Johnson Foundation, began a process to ask the County's parents, grandparents and foster parents about the difficulties and challenges they face in raising their children, and how the Health Services Department might make that job easier. This process was designed to enhance assessment information already compiled through interviews with social service and other professionals, literature searches and previous County-sponsored needs assessments. Proce s Re fitment and Demogmphigg During September and October 1994, FMO staff conducted fifteen 90-minute focus groups throughout the County, ultimately meeting with 141 parents, grandparents and foster parents. Staff secured locations centrally located within communities and in which participants would be comfortable. Recruitment was carried out by flyer and poster distribution at local community centers, supermarkets, food banks and by mailed invitations to randomly-selected Contra Costa Health Plan (CCHP) members. Local community agencies and county programs also assisted in recruitment. Participants came from a variety of ethnic, racial, educational and socio-economic backgrounds. Staff made special efforts to include parents for whom Spanish was their primary language, parents whose children are under the jurisdiction of Child Protective Services (CPS) and foster parents. Some demographic highlights on the participants e Ninety percent (90%) were female; e East County residents were more heavily represented than justified by their proportion of the county population alone (however, East County is the fastest growing area within the County); e Persons of color were more heavily represented than justified by their proportion of the county population alone; .July 1895 . 4- Contra 4-Contra Costa County Health Services Department office for Service integration PLANNING THE FMCS Summary of Family Focus Groups • Forty-six percent (45%) of those responding to the question reported ars annual family income of $10,000 per year or less; 19% had family incomes greater than $35,000 per year; and • Fifteen percent (15 ) of respondents reported having no health insurance coverage. Except for the small representation of fathers, demographic information on focus group participants proved consistent with FMO staff's goals for participation. Information Sought Participants were asked to describe their families and to share with staff what they m liked about raising children Contra CCounty,ounty, what challenges they faced and what ideas they had for how things could work better. Additionally, participants were asked several questions about their impressions of the Health Services Department. Elesultg What Parents Like About Raising Children in Contra Costa County Two significant areas of praise were mentioned: • Quality-of Care and Servicg - Though most parents expressed confusion about how to use county services and frustration over long waits for appointments and to see Care givers, many parents were Clear that once they did get through the system, they were very pleased with the quality of care and services they received from County Health Services. • Suonort Services - A few parents reported that when they did ask for help and support, they were grateful (and surprised) at the number of people willing to help them and at the wide range of .services and programs available. Some parents spoke at length about the difference some staff members made by treating there with kindness, Compassion and respect, and taking the time to listen which helped the parents to help themselves. July fess Contra Costa County Health Services Department office for Service Integration PLANNING THE FMO Summary of Family Focus Groups What Parents 'Want and heed The needs of these Contra Costa County parents were basic, straightforward and similar to parents throughout the country. Though the information FMO staff heard was rich and complex, and though the context in which it was said was often just as important as what was said,the concerns parents shared can be summarized into the following key points: a The parents seemed to be hungry for advice and support, provided on their own.terms. They wanted to help themselves. They asked mainly for assistance to do a better job. They wanted someone to talk to when they did not know where else to turn about problems with their children. They wanted to be able to ask for help without risking adverse consequences for admitting their need for assistance. Some liked the idea of classes and support groups. Others said help by telephone would work. Many needed help with transportation and/or child care to take advantage of programs. In most cases, programs need to be offered at very-low or no cost, and in locations convenient to their homes and jobs. ® Many parents said that they do not get what they need because information about available resources is confusing and not readily available. Some parents talked about staff not knowing enough about resources in the community and not taking the time to help them figure out what they need and how to get it. Others explained that when they did ask for help, they found it, although sometimes it took luck and persistence to get it. • parents frequently cited lacy of parental employment, lack of affordable child care, lack of well-supervised recreational activities for children and lack of job opportunities for teens as realities which they knew put their children at greater risk for school failure, low self-esteem, and exposure to crime and gangs. e Violence emerged again and again as an issue. The parents were fearful for their children's safety and their own. Many also talked about the negative effects of perceived racism on their children. e Parents who used county health or social services both praised and criticized the services, depending on their personal experiences. Criticism focused on system rigidities, lack of coordination across programs, perceived negative staff attitudes, and waiting times for appointments and care. Praise was spoken for caring staff who did their jobs well. July 1995 - 6- Contras Costa county Health Services Department office for Service Integration PLANNING THE FMO Summary of Family Focus Groups e Lack of health insurance and loss of Medi-Cat and child caro benefits when trying to move off welfare were very significant issues for parents. Many stated they felt trapped by the rules of the system. • Some parents specifically asked for more mental health services, affordable dental care, developmental services for children, more bilingual services and staff and a better information and referral system. Comparison to Other Findings The findings from the FMC) focus groups were consistent with information gathered previously from literature search and interviewing efforts. This information, previously distributed as the Family- Strengths and Needs Assessment planning document, confirmed that many of the issues and concerns which health and human service professionals raised on behalf of families were the same ones which concerned families themselves. In addition to confirming earlier findings, the FMC) focus groups provided some detailed suggestions about how services could be improved. tgonclusions The parent participants in the FMC? focus groups, regardless of racial or ethnic background, or educational or economic status, were working hard to raise their families and cope with issues which arose. They appeared tired and over-stressed. The parents had many issues in common with one another. These concerns sometimes took on a life of their own during the discussions. Parents needed to vent, to connect with one another, and to hear that other parents were struggling with the same issues. The information provided by parent participants was significant and complex. The concerns could not be boiled dawn into one or two key problems. It was evident to FMC?staff, however,that the following themes of concern were shared by focus group participants: • Culturally competent support and advice to help parents solve their own problems and to care for themselves and their families, ® Accountable and responsive government systems and services; e Quality and affordable health care, including mental health services, developmental assessment services and dental care; .July 1895 7 Contra Costa County Health Services Department office for Service Integration 'PLANNING THE FMO Summary of Family Focus Groups • Easily accessible and accurate information and referral; • Affordable child care and children's recreational, tutorial and educational programs and activities, staffed with .appropriately-trained personnel; • Effective education and job training programs; s Employment which pays a living wage; • Affordable, reliable and convenient transportation; and e Affordable housing in safe communities. Many of the forces buffeting parents were economic and the result of a fraying social fabric. Thus, the list of what parents want included many suggestions outside the responsibility and control of the Health Services Department and even county government. The focus groups provided us a rich store of information. FMO staff was struck by the seriousness of the challenges facing the parents who participated in the focus groups and the honesty with which they expressed their need for help. The challenge for us is to define the specific ways by which we can be part of a support system which helps parents overcome these challenges. Nex Stens The health Services Department will continue interagency activity with other county departments and systems such as education, as well as community agencies, to strengthen the health of families. Such efforts have begun already through participation in the Service Integration Teams in North Richmond and West Pittsburg/Bay Point and the Policy academy. The next step for the FMO planning effort is to identify specific changes within the health system which can be crude to assist families more effectively. The particular areas for attention will include how the system can be made more "family-friendly" and how services can be reorganized or created in order to fill the health services gaps identified by parents. frno#4statrep.795 July 1995 Contra Costa County Health Services department Office for Service Integration 6 FHS#40 • ,/ Mme,,- .' , TO: BOARD OF SUPERVISORS CONTRA COSTA FROM: Family and Human Services Committee COUNTY DATE: March 16, 1999 SUBJECT: Establishment of the Children and Families First Commission (Proposition 10) SPECIFIC REQUEST($) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. ACKNOWLEDGE that the membership of the new Children and Families First Commission needs to not only meet the guidelines of Proposition 10, but also to ensure broad participation and local administrative accountability. . ESTABLISH the membership of the Children and Families First Commission as follows: • nominee of the Mental Health Advisory Board's Children's Committee • nominee of the Local Planning Council for Childcare and Development • nominee of the Substance Abuse Advisory Board an early childhood educator, who could be, if so designated by the Board, the person occupying the position of Superintendent of Schools (if not the Superintendent of Schools, then the member would be nominated by the Family and Human Services Committee) a parent of a child currently under the age of five, a past parent consumer of early childhood services or past recipient of early childhood services provided by the County, as nominated by the Family and Duman Services Committee CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR,,,,_„RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER a W SIGNATURE(S): CIESAULNIER AYLE�Bl KE#119A ACTION OF BOARD ON�.�.� _ APPROVED AS RECOMMENDED_OT44 R FHS#40 Plus one of the following alternatives: Alternative 1 - persons occupying the positions of • Chair of the Family and Human Services Committee of the Board (with the alternate designated by the Chair of the Board of Supervisors) • County Health Officer • Community Services Director • Social Service Director Alternative 2 - persons occupying the positions of • Chair of the Family and Human Services Committee of the Board • Chair of the Board of Supervisors or other Board designee • As nominated by the County Administrator, two (2) of the following: • County Health Officer • Community Services Director • Social Service Director S. PROVIDE that each member of the Children and Families First Commission shall have a designated alternate who shall be selected as follows: • The alternates for the members nominated by the Mental Health Advisory Board Children's Committee, Local Planning Council for Child Care and Development and Substance Abuse Advisory Board shall be nominated by those respective boards. • The alternate for the parent member shall be nominated by the Family and Human Services Committee of the Board of Supervisors. • The alternate for the Early Childhood Educator position shall be nominated by the Superintendent of Schools, if the person occupying that position is so designated as the member; if not, then by the Family and Human Services Committee of the Board of Supervisors. • The alternate(s)for the Board of Supervisors' member(s) shall be designated by the Board of Supervisors. • The alternates for the County Health Officer, Community Services Director and/or Social Service Director shall be nominated by the persons occupying those positions. 4. SHORTEN the initial term of office for the nominated members of the commission and the alternates so that the appointments do not all terminate at the same time. Subsequent appointments would be for a four year term. & DECLARE the intent of the Board of Supervisors to provide for demographic, geographic, gender and ethnic diversity among the members of the Commission. 6. AUTHORIZE and DIRECT the County Administrator to provide for staffing of the Commission and implementation of Proposition 10. 7. PROVIDE policy guidance to the Commission in the development of the strategic plan to ensure the plan addresses children's needs in the areas where those needs are the greatest. 6. INSTRUCT the Commission to consider the establishment of a reserve fund which could be carried over from fiscal year to fiscal year in order to establish a permanent funding source for carrying out the Commission's strategic plan. 9. In order to ensure fiscal accountability, REQUIRE the Commission to prepare and- adopt an annual budget, subject to the approval of the Board of Supervisors and to further provide for periodic financial audits on a schedule established by the County Auditor.. 10. DIRECT the County Counsel to prepare any necessary amendments to County Ordinance 96-46 to incorporate the Board's actions regarding the Children and Families First Commission and Proposition 10 implementation. 2 FHS#40 BACKGROUNDIREASC1NS FOR RECOMMENDATIONS: On March 8, 1999, the Fancily and Duman Services Committee continued its discussion of issues regarding the membership of Children and Families First Commission and implementation of Proposition 10. Scott Wendy, Chief Assistant County Administrator, discussed the March 5, 1999 statewide meeting on Proposition 10, sponsored by the California State .Association of Counties (CSAC). A copy of a draft matrix of the status of county efforts was distributed to the committee members (attached). Vic Westman, County Counsel, distributed a letter (attached) from Kathleen Connell, State Controller, stating that the state would not distribute funds to counties prior to counties certifying the establishment of the commission, adoption of a complete county strategic plan and a resolution by the board of supervisors establishing a Children and Families First Trust Fund. Mr. Westman informed the committee that it is a standard state practice to distribute only the principal, not the interest, of such funds. He left a message requesting clarification as to whether this practice would prevail for the Prop 10 monies. Mr. Westman rioted that the state controller's letter provides an incentive to the county to prepare its strategic plan sooner rather than later. Even though, it is now his opinion that the county would not lose FY 1999-99 funds if the strategic plan was adopted after June 30, 1999. Mr. Westman then reviewed his memo(attached) on Proposition 10 implementation with the committee, discussing the issues of commission alternatives, supervisor and commissioner terms, designated commissioners, county officer deputies, the number of .supervisor commissioners, commission appointment policy, commission staffing, county commission specific plan policy, "carryover" reserve account or fund, local commission audits and accountability and local county commission budget approval. Supervisor Gayle Uilkema responded to Mr. estmen's memo agreeing on commission alternatives, terms of office, commission appointment policy, county commission specific plan policy, 'carryover" reserve account and the need for local commission audits and accountability. She noted, however, that the fiscal audit should not be conducted life those for the special districts, which are currently undergoing review by the Internal Operations Committee. Supervisor Uilkema also supported Board of Supervisors approval of the commission budget in terms of general areas of expenditures, but not line items. Supervisor Uilkema did not support the idea of ex officio members to the commission, preferring alternates. With regard to Board policy direction of the commission, she agreed on the need for diversity, in addition to consideration of other factors such as accountability. As a general policy, Supervisor Uilkema agreed on addressing children's needs in the areas where those needs are greatest. Supervisor Uilkema emphasized the financial oversight and accountability responsibility of the Board of Supervisors. As she stated, the Board is not responsible for determini FHS#40 develop a grass roots commission that would have practical insight into child development issues. He was concerned because he did not see a specific seat for consumer services originally and because there was no community based organization representation. He also stated his support for one supervisor and two department heads on the commission. Mr. Putnam also stated that it could be difficult to find three nominees meeting the diversity criteria discussed by the committee. He requested that the advisory boards be authorized to nominate one individual for the member and one for the alternate. Cheri pies, Maternal and Child Health Director, stated that the CSAC conference made the point that Proposition 10 was designed to provide resources for all California children, regardless of their social, economic or geographic status. She also said that she attended a meeting with 61 other jurisdictions and stated that several other counties are soliciting the public representatives from the broad community, are appointing only one board member and are developing advisory groups. She also stated that five or six counties have already begun their strategic planning process. Carol Hatch, Congressman George Miller's, supported the recommendation of the Mental Health Commission, particularly regarding the advisory beards' submittal of nominees to the Board of Supervisors. She stated that the advisory board's have a better insight on the suitability of the nominee for the post, taking into account such things as past attendance. Kate Ertz Berger, Child Care Council, supported the concept of alternates, providing that all could participate in the discussion, despite the fact that only nine could vote. She also strongly supported parent representation, but not just those who receive county services. Ptirlls. Ertz Berger also suggested that the early childhood educator position be one of a practicing educator. Joe Golio, Central Labor Council, felt that it was important not to limit the county's vision of who should participate on the commission and, consequently, it should not just be recipients of county services, but all who need early childhood services. He stated there are many poor, uninsured working parents who need support, but are not recipients of county services. Bill Walker, County health Department Director, asked the committee whether or not the advisory board nominees had to be a member of the advisory board. Both supervisors stand that they felt it could broader than a current member and that should be up to the advisory board. They .also agreed with Mr. Putnam's suggestion of one nominee from the advisory boards for the member and one for the alternate of the Commission, rather than a slate of three nominees. 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'iz thw so o ral i• i .� nt w. t i 9— j „ �, °° i� a t� [ a � �. rs r � •t as r �°`s4 � ar t:'u � cdi �"w VA it i 46 85 i uta at,t t • s mi w '• a3 C '.3•• y v. i; j'' zi� C4 a P.. — " it 00 tt•• •' � ,i�� ' "ice � i it ( r i ivlu 4 f9 ` ,j a COO � k+ � 7E1 rte, l 35'8 o, ( jz i i e ,e tj - t w ' 4z i ►�i.t 4��Lw CC ty�jD � t3 ?C? i Ei c 9 t• z I �€ ° �€ !� '�•��'i ° � � .�.� a � � �� S � � � to C w s " u 31— a 1 I » y t3 y > sp • a u � r w E 6,r,�Ce cit d I W a ? terri � a csa � C p Tj if fc. ! •tiN �1 KATHLEEN CONNELL (gantrafirr of fhe Matte of Taxlifrrrniaz March 3, 1999 The Honorable Kenneth J. Corcoran Auditor-Controller, County of Contra Costa Finance Building, Room 103 625 Court Street Martinez, CA 94553-1282 Dear Mr. Corcoran. The California Children and Families First Act of 1998, (Proposition 10), creates a program for the early development of children. Money for this program is to be collected from taxes imposed on tobacco products in the State. The majority of the money collected will be allocated to county commissions based on the number of births in the county in accordance with Health and Safety Code section 130140. To be eligible to receive an allocation the county board of supervisors must adopt an ordinance that contains the minimum provisions outlined in Health and Safety Code section 130140. In order for our office to begin making payments to your county,you must notify us in writing that you have complied with the provisions of section 130140, and specifically the following: 1. A certification that a county Children and Families First Commission has been established, identifying the members by name and title. 2. A certification that the commission has adopted a complete county strategic plan for the support and improvement of early childhood development within the county. 3. A copy of the resolution by the Board of Supervisors establishing the Children and Families First Trust Fund, Please fax your documentation to (916) 327-3163 no later than March 10, 1999, with the original signed documents to follow by mail. We are estimating that our first payment under this program will be in mid-March of 1999. If you have any questions, please contact Michael Havey in the County Cost Plans and Local Apportionment unit at (916) 322-9891. Sincerely, KATHLEEN CONNELL State Controller 1 SACRAMENTO 3(X) Capitol Mall, Suite 1850, Sacramento, CA 95814 (910) 445-2636 1 1 Mailing Address: 111.0. Box 942850, Sacramento, CA 94250 1.U� AN(;F" ,� N l ('(WI) MIC P()intc, SL111C 1150, CttIVCr City. CA 902�O ( ,1O) 342 5678 Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: March 4, 1999 To: Board of Supervisors' Family and Human Services and Finance Committees From: Victor J. Westman, County Counsel&W.* Re: Proposition 10 Implementation At your committee meetings of February 22, 1999 on the above-noted matter, this office was asked to provide you with its comments concerning a number of proposals made concerning the composition of this county's Proposition 10 (the"Act") Commission and related matters. At this.time, we have not drafted any further proposed ordinance code amendment language. Our comments follows: 1. Commission Alternates, It has been proposed that provision be made in this County's Commission ordinance for the appointment of alternates by the Board of Supervisors to serve in the place of the primary appointed Supervisor or Supervisors and/or representatives of non-profit local community organizations where the primary appointed person is absent or has a possible legal conflict. It was suggested that a model for this procedure could be as generally as set forth in the Government Code for the Local Agency Formation Commission(LAFCO - Gov. C. § 56325). We see no legal problem in adapting that LAFCO's procedure as an amendment to the county ordinance if desired. 2. Supervisor and Commissioner Terms. There has been a proposal made that the terms of Supervisors should be rotated among the full Board's membership according to some to be developed Ordinance Code Procedure. If this is desired, such an ordinance code amendment could be drafted with further direction as to its proposed content. In addition, it was proposed that consideration also be given to shortening the current ordinance specified terms of four years to one or two for some or all of the members of the Commission. If this amendment change is desired, with further direction as to its content, a proposed amendment could be drafted. 3. Designated Cm-mals5ionem, A proposal was made that the Board of Supervisors' chair or the chairs' designate (another supervisor) should ex officio be a member of the Commission. We see no particular legal problem to this if desired and it could be specified by amendment to the ordinance. It was also proposed for consideration that the chairperson of the Board's Family and Human Services Committee be an ex officio member of the Commission which could also be specified in the ordinance if desired. Board of Supervisors` Family and Human Services and Finance Committees March 4, 1999 'age 2 4. County Officer Deputies. Consideration was asked whether provision could be made for a code provided county officer(Health, Social Service Directors, etc.) serving on the Commission to designate and deputize a member of the director's staff to sit in that principal officer's absence. We believe such a provision could be formulated for ordinance amendment consideration. 5. Tw!2 County Supervisor Commissioners, As this office has already indicated, we see no legal problem to a second supervisor being on the Commission assuming that the Board of Supervisors is satisfied as to the supervisor's qualifications. We note that Sec. 2.130.040 of the Alameda County Administrative Code provides that"one or more members from the board of supervisors"may be commission members and that this County's ordinance could be similarly amended. 6. Comiissioii Appointment Policy. It was proposed at one of the committee meetings on February 22, that a policy statement be added to the County's Commission ordinance indicating that wherever appointments to the Commission(and by the Commission to its advisory committees) are being considered attention should be given to possibly balancing those appointments according to demography, geography, gender, and ethnicity. The addition of such an intent policy to the County's ordinance would not, in our view,present any legal difficulty. (W.&I.C. § 5771(c).) 7. Commission Staffing, At the commission meetings, some support was expressed for both either designating a particular department in the ordinance for general staffing purposes to the Commission or providing in the ordinance that the County Administrator would have the discretion to make such designation(s) among county departments to assure Commission's staffing. As desired, we will draft appropriate ordinance code amendment language to provide for the favored method of designating or allowing the assignment of staff to the Commission. S. County Commission's Specific Plan Polio At one of the committee meetings, it was suggested that an ordinance guideline policy be developed indicating that the commission's primary or principal concern when formulating its strategic plan should be the addressing of children's needs in the areas where those needs are the greatest. If it is desired, such a policy guideline could be drafted for further consideration. 9. "Carryover"Reserve Account or Fund. At the February 22, 1999 committee meetings, this office was asked if it would be possible to establish some sort of reserve fund(for capital or other purposes?) from received Proposition 10 taxes which could be carried over from fiscal year to fiscal year. It appears that the provisions of the Act(Proposition 10) would allow such an arrangement. The Act provides that funds not encumbered or expended remain in the local trust fund for the next fiscal period. Obviously, if they are encumbered for some reserve purpose, they would(in the same manner) carry over to the next fiscal period. Board of Supervisors' Family and Human Services and Finance Committees March 4, 1999 Page 3 Of course, such a reserve fund would remain subject to the requirement that it could only be spent for purposes authorized by Proposition 10 and in accordance with the County Commission's approved strategic plan. In other words, in any subsequent fiscal year, assuming it was consistent with the Act and the County's approved strategic plan, the reserve could be expended. (Health & Safety Code, § 130105(d),(2)(A) & (B).) 10. Local Commission Audits and,Accountability, At your last meeting, some clarification was requested as to a local county first commission's audit requirements and its accountability. To discuss this subject, the audit and accountability provisions of Proposition 10 (the Act)must be reviewed. The Act provides that on or before October 1511 of each year, a local county commission shall conduct an audit of, and issue a written report on the implementation and performance of its functions during the preceding fiscal year including the manner in which funds were expended and progress and achievement made toward its adopted strategic plan program goals and the measurement of specific program outcomes through appropriate reliable indicators. (§ 130150.) Upon completion, a local county first commission's audit and report must be transmitted to the state commission. The state commission is then required on or before January 31St of the next succeeding year to prepare a written report that, in part, analyzes and comments on the involved county commission's annual audits and report. (§§ 130125(g) & 130150(b).) Each local county first commission is required on an annual basis to review its county strategic plan and revise the plan as necessary or appropriate. (§ 130140(a),(C),(iii).) Presumably, when annually reviewing its plan for possible revision, a county first commission would consider any analysis and comments made by the state commission concerning its prior submitted audits and report. Finally,the Act provides that county first commissions, in administering their plans, shall use outcome-base accountability to determine future expenditures. (§ 130100(c).) In the Act, there are no express provisions that require any periodic financial audit of a local county first commission and its financial activities. You may wish to consider amending the county's ordinance to provide that the Commission(on an annually or at least a biannually basis) must have a fiscal audit performed by the County Auditor or a certified public accountant or public accountant in the employ of the county auditor with the costs thereof charged to the local trust fund. This is similar to the audit required by the Government Code to be performed for joint exercise of powers authorities and most special districts. (e.g., Gov. Code, § 6505.) 11. Focal County Commission Budget Approval. At your meeting, it was asked if the Board of Supervisors could require its approval of any proposed County Commission's annual budget. It should be noted there is nothing expressly in the Act(Proposition 10) that provides for or requires the preparation of an annual budget by a local commission. Also, there is nothing in the Act that specially provides for oversight by the Board of Supervisors, should the commission Board of Supervisors' Family and Human Services and Finance Committees March 4, 1999 Page 4 prepare and adopt an annual budget. With the aforenoted lack of any express statutory authority in this regard, we believe that the Board of Supervisors in its ordinance establishing this county's commission could require that the Commission prepare and adopt an annual budget essentially in the same manner as the Board of Supervisors must do annually for the County and Board governed districts. (Gov. Code, §§ 29000 ff.) The only provisions in the Act(Proposition 10)that arguably provide authority for the Board of Supervisors to impose an annual budget Board approval requirement for the Commission are those found in Health and Safety Code section 130140, (a)(1),(B) as follows: `fi(1)The county's board of supervisors has adopted an ordinance containing the following minimum provisions: (B)The manner of appointment, selection,or removal of members of the county commission, the duration and number of terms county commission members shall serve, any other matters that the bard of supervisors deems necessary or convenient for the conduct ofthe_county commission's activities,provided that members of the county commission shall not be compensated for their services, except they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the county commission. ..." Concerning the.above-noted quotation and underlined provisions from the Act, this office has been advised that some other counties have utilized it evidently as a basis to support their imposing within their ordinances' texts, the requirement that their commissions must prepare an annual budget and that the annual budget requires their board of supervisors' approval before implementation. While not free from doubt, we believe the Board here could impose a similar annual budget approval requirement. VJWfjh H:\JHERE\JOANN\VJW\PRPIOIMP.WPD # ORMATION COMSSIO'ItKAIAG NCSF56325 6325. Continued existence of commissions; Commission members There is hereby continued in existence in each county a local agency formation commission. Except as otherwise provided in this chapter, the commission shall consist of five members selected as follows: t , (a) Two representing the county, appointed by the board of supervi- sors from their own membership. The board of supervisors shall appoint a third supervisor who shall be an alternate member of the commission. The alternate member may serve and vote in place of }` any supervisor on the commission who is absent or who disqualifies t himself or herself from participating in a meeting of the commission. f: If the office of a regular county member becomes vacant, the alternate member may serve and vote in place of the former regular county member until the appointment and qualification of a regular county member to fill the vacancy. (b) Two representing the cities in the county, each of whom shall be a city officer, appointed by the city selection committee. The city selection committee shall also designate one alternate member who shall be appointed and serve pursuant to Section 56335. (c) One representing the general public appointed by the other four members of the commission. The other four members of the commis- sion may also designate one alternate member who shall be appointed ' and serve pursuant to Section 56331. >' a Added Stats 1985 ch 541 §3, effective September 9, 1985, operative January 1, 1986. Prior Law: (a) Former §54780, as added by Stats 1965 ch 587 § 10, amended by Stats 1965 ch 2045 § 11, Stats 1968 ch 820 § 1, Stats 1976 ch 31 §6, Stats 1981 ch I I81 § 1, Stats 1982 ch 205 § 1. (b) Former §54776, as added by Stats 1963 ch 1808 § 1. 1' Former Section: Former §56325, similar to present §57090, was added by Stats 1970 ch 953 § 3 and repeated by Stats 1985 ch 541 §4, effective September 9, 1985, operative January 1, 1986. Crass References: Alternate public member: § 56331. Enlargement of commission: § 56332. Appointment of public members to enlarge commission: § 56333. Procedure to appoint city members: § 56335. ! 333 z 't�'TIONS CODE WELFARE AND INSTITUTIONS CGDE § 5771.3 a program ap- Planning Council. The purpose of the planning council shall be to fulfill those the components mental health planning requirements mandated by federal law. vhall be respon- (b) (1) The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a. he department's balance of state and local concerns relative to planning. ire such modifi- (2) As required by federal law, eight members of the planning council shall `o each proposal represent various state departments. (3) Members of the planning council shall be appointed in such a manner as ilicant approved to ensure that at least one—half are persons with mental disabilities, family ice its license .in members of persons with mental disabilities, and representatives of organiza- '.nt, in consulta- tions advocating on behalf of persons with mental disabilities. Persons with ?rmine the most mental disabilities and family members shall be represented in equal numbers. is (c) and (d)• (4) The Director of Mental Health shall make appointments from nominees tore of all pilot from mental health constituency organizations, which shall include represen- f the commence- tatives of consumer—related advocacy organizations, representatives of men- !tiveness of that tal health professional and provider organizations, and one representative of tnges in clinical the California Coalition on Mental Health. (c) Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in m1th" in subd (a); (2) all target populations, including, but not limited to, children and youth, t the beginning of the adults, and alder adults. second ,sentence; and (d) The planning council shall annually elect a chairperson and a vice chairperson. (e) The term of each member shall be three years, to be staggered so that ap- 3m any facility proximately one--third of the appointments expire in each year.. tient's conserva- (f) This section shall remain in effect only until January 1, 1999, and as of be given a writ- that date is repealed, unless a later enacted statute, that is enacted before cility. The writ- January 1, 1999, deletes or extends that date. the following Added Stats 1992 ch 1374 §45 (AB 14), effective October 27, 1992. Amended Stats 1993 eh 564 § 5 (SB 43), operative until January 1, 1996; Stats 1995 ch 712 § 5 (SB 227), operative until January 1, 1999. Amendments: 1993 Amendment: (1)Amended the first sentence of subd (a) by substituting(a)"Public Law 102321" for the patient was "Public Law 99-660";and (b)"California Mental Health Planning Council"for`.`State Planning Council"; ,-the form shall (2)substituted a period for", as follows:" at the end of subd (b)(1); (3)deleted "Additiozial" at the begin- medications. ning of subd (b)(3); (4) amended subd (b)(4) by (a) deleting "nine" before "appointments"; (b) deleting "six„ before "representatives of consumer-related"; (c) deleting "two" be=fore "representatives of mental health"; (d) adding "and" after "professional"; and (e) substituting "California Coalition on Mental to the patient's Health" for "California Mental 1-Health Coalition"; and (5) added subds (e) and (f). 1995 Amendment: Amended subd (f) by substituting (1) "January 1, 1999" for "January 1, 1996" both e�. times it appears; and (2) "that" for "which" after "enacted statute," he or she may § 5771.3. (Operative until January 1, 1999) Utilization of other agencies' staff. Aan. A copy of (a) The California Mental Health Planning Council may utilize staff of the the patient. State Department of Mental Health, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health of the public and that are able and willing to provide those services. (b) This section shall remain 1n effect only until January 1, 1.999, and as of lel section related to that date is repealed, unless a later enacted statute, that is enacted before January X, 1999, deletes or extends that date. Added Stats 1992 ch 1374 § 46 (AB 14), effective October 27, 1992, operative until January 1, 1995. lealth Planning Amended Stats 1993 ch 564 §6 (SB 431); Stats 1995 ch 7112 §6 (S13 227), operative until January 1, 1999. i Amendments: Section. . uii bili��u �, tern)ination; allocation of slii-ulus 6518. Transit equipmem; acquisition or trans. greement and no money. fer; transfer of federal income tax agr* ined pursuan 651 6. Agencies an d nonprofit corporations con- benefits; agreement; duties; fee. made at least once P ducting .airs or exhibitions; authority 6523.5. Private, nonprofit hospitals .n county of fall be piled as a to to form insurance pooling arrange- ninth class. „,,,nt auditor of th ments for compensation and liability 6523.6. Private, nonprofit hospitals in counties sent to any pubbric purposes; assumption of prior obli- of the 21st class; joint powers agree- a off, tv��T se r meats, gations; reserve fund. ination. 6516.3. Orange County; issuance of bonds; 6523.7. Private, nonprofit hospitals in counties exam g of the 33rd class; joint powers agree- {e) Any costs of loans to local agencies; use of loan mems, public accountants, money; repayment terms. 6523.7& Nonprofit hospitals of the third class; shall be a charge : 6516.9. Joint powers agency members autho- Joint powers agreements. agencies rized to conduct fairs and exhibitions; 6526. Agencies relating to water resources; {f"} All j risk pooling arran ements for liability annual special audi p g g y exercise of powers, purposes for nonprofit corporations; 6527. Health care districts and nonprofit cor- Notwithstan: losses by special event users, lessees, porations; joinder to pool self-insur- be exempt from th and licensees. ance claims or losses. Controller to satisf {Amended by Stat § 6500. Public agency Notes of Recisions 1996 Legislation Nonprofit corporation 2 legislative findin title of Stats.1998, Statutory Notes un( 2. Nonprofit corporation § 6506. Agency A joint powers agency may not be established by a city and a nonprofit public benefit corporation created by the city. 81 dp.Atty.Gen.213,6--18-98. Governing board § 6502. Authority for agreement; out of state agencies § 6508. Power Notes of Decisions Development impact fees 3.8 the development of property in a geographical are that is _ — not within the boundaries of any of the contracting par- Dual office holdia 3.8. Development impact fees ties. 81 OpAtty.Gen.213,6-I8--58. A joint powers agency established by a city and another 3.5. Dual office local agency may not impose development impact fees on Members of tt neously serve as r §56505. Accountability; reports; audits § 6509. Powe La) The agreement shall provide for striet accountability of all funds and report of all receipts and disbursements, Scope of powers {b) In addition, and provided a separate agency or entity is created, the public officer performing the functions of auditor or controller as determined pursuant to Section 6505.5, shall either make or contract 1. Scope of poo with a certified public accountant or public accountant to make an annual audit of the accounts and „point powers records of every agency or entity, except that the officer need not make or contract for the audit in any meat between p case where an annual audit of the accounts and records of the agency or entity by a TertLfled public not required to accountant or public accountant is otherwise made by any agency of the state or the Unites States only as to those accounts and records which are directly subject to such a federal or state audit. In each case § 6512.2. Po the minimum requirements of the audit shall be those prescribed by the * * * Controller for special districts under Section 26909 * * * and shall conform to generally accepted auditing standards. If the perp{ * * * entities, the {c} When an audit of an account and records is made by a certified public accountant or public construed as accountant, a report thereof shall be filed as public records with each of the contracting parties to the ;; to the parties agreement and also with the county auditor of the county * * * where the home office of the,oint powers h agreement is authority is located and shall be sent to any public agency or person in California that submits a written completion of request to the joint Bowers authoriV, The report shall be filed within 12 months of the end of the fiscal contributions year or years under examination. {Added by Si Additions or changes Indicated by underline; deletions by asterisks * * * s A 72 X J)'ill (;O\_IA,Nl11:�'1' ak.(llllslllon of �.1';:'.. ;l�;i't'L'inl'nt and lit) puNit' dflC.'l' i� .'a'(jillrt•t (Flit'(<31 Rll'U111C �if'tE'I'1111tiCd pl}r�uan( lu .ti�'t't iii"; �i.�U;i,:), ;411 311(i�t '� 1}':(' H('�'tll:'.:r :l;ll ; :'i•C� r�lr itt ;Ih �1L;I't't'lllf'lil Al:; '!It; duties; fee. made at least once each Year ill' li certified public accollill;ml U1' puhhe 21CCu11111a1iL. :111d a xk!pol-T, iht'rt• ,: shall be filed as a public rrcord %vith each of the Contracting tit thw <lnd «itis th,, county auditor of the county where the home office of the joint powors authority is located, and shall he iospitals in count.e` ( Sent to an �.I�IiC a enCV o" 7eYSon iri Gallfornia r ° ,O�L'ei's y p'; g that submits a written request to the joint 1 joint powers agret- � authority. 'hese reports shall he filed within 12 months after the end of the (seal year or years under examination. iospitals in eounti(2- p joint powers agree- ? (e) Any costs of the audit, inchiding contracts writh, or employment of certified pubhc accountants or public accountants, in making an audit pursuant to this section shall he borne by the agency or entity and of the third class; shall be a charge against any unencumbered funds of the agency or entity available for the purpose. tc water resources; (f7 All agencies or entities may, by unanimous request of the governing body thereof, replace the annual specia'_ audit with an audit covering a two-year period. s and nonprofit cor- O Notwithstanding the foregoing provisions of this section to the contrary, agencies or entities shall r to pool self-incur- be exempt from the requirement of an annual audit if the financial statements are audited by the ,,es. Controller to satisfy federal audit:°equirements. (Amended by Stats.1998, c. 876 (S.B.1649), § 4•) Historical and Statutory Notes 1998 Legislation Legislative findings, declaration and intent and short title of Stats.1998, c. 876 (S.B.1649), see Historical and Statutory Notes under Government Code§ 1481. § 6506. Agency to administer agreement; providing for exchange of services Notes of Recisions Governing board 5 § 6508. Power of administering agency; scope and exercise Notes of Recisions geographical are that is of the contracting par- dual office holding 3.5 Jena Airport Authority Commission. 78 Cp.Atty.Gen. 60, Mar. 7, 1995. } 3.5. Dual office holding Members of the Burbank City Council may simulta- neously serve as members of the Burbank—Glendale—Pasa- § 6509. Power of administering agency; restrictions °t of all receipts and Notes of Recisions Scope of powers 1 acquire land, even though conservancy could not purchase }ant} ��ithout such approva}, «here agreement imposed f%cer performing the same restrictions upon a fel!a'S iruu-ens a> imposed upon, her .Hake or contract j I. Scope of powers par-, districts, which wert^ not sllhjest to same re�u?ctiun. irf the accounts and t i Joint powers agency created under Joint pow(-n; abi t� Cooper v. Mountains R('cremiw ;ini Consercw' ) Au- for the audit in at��' ment between public conservancy and park districts was thority (Canyon Oaks fr'staw.t:) GlIpp. 2 Dist. 1991 mi; 71 by a certified public not required to obtain approval cf Public Works Board to Cal.Rptr.2d 858,61 Cal.App.4th 1115. as m x}ified. :e United States only e audit. in each case § 652.2. Pooling of self-insurance claims of two or more local public entities; effect of tenni. ;ontroller for special nation; allocation of surplus money auditing standards. if the purpose set forth in the agreement is to pool the self-insurance claims of two or more local public entities, the agreement may provide that termination by any party to the agreement shall not be accountant or public construed as a completion of the purpose of the agreement anti shall not require the repayment or return -acting parties to the to the parties of all or any part of any contributions, payments, or advances made by the parties until the ee of the.,oint powers agreement is rescinded or terminated as to all parties. The agreemient may provide that after the hat submits a written carnpietion of its purpose, any surplus money remaining in the pool shall be returned in proportion to the f the end of the fisctll contributions made and the claims or losses paid. (Addend by Stats.1997, c. 13'1 (S.B.115 ), § 2.) sks * Additions or changes indicated by underline; deletions by asterisks ' 7:j