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THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on April 20, 1999 by the following vote:
AYES: Supervisors Gioia, Gerber and Canciamilla
NOES: Supervisors Uilkema and DeSaulnier
ABSENT: None
ABSTAIN: None
SUBJECT: Children and Families First Commission(Proposition 10) Ordinance
On this date,the Board of Supervisors considered a proposed revision by County Counsel to the ordinance to
implement Proposition 10 (cigarette tax).
The following persons appeared to spear on the matter:
Cynthia Miller, Children's Sub-Committee, Mental Health Commission, Congressman George
Miller, 105 .lose Lane, Martinez;
Kathi.McLaughlin, PO Box 1535, Martinez.
Following further discussion,the Board took the following actions;
CONTINUED consideration of the ordinance to May 18, 1999; and DIRECTED County Counsel to include
the proposed revised language on Ordinance 98-46, Subsection 26-14.006(x)contained in the April 8, 1999,
memo from County Counsel,regarding the number of Supervisors appointed to the Commission.
I hereby certify that the foregoing is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED:
Phil Batchelor,Clerk of the Board
of Supervisors and County Administrator
By t- ,- * � %,'� ' -. � Z7eputy
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: April 8, 1999
TO, Board of Supervisors
From: Victor J. Westman, County Counsel
Re: Children and Families First Commission; Proposed Revision of
County's Proposition 10 Ordinance
The Board of Supervisors' March 16, 1999 Board Order(item 9), directed the
County Counsel to prepare any necessary amendments to County Ordinance 98-46 to
incorporate the Board's actions of that date concerning the above-noted subject.
Attached is a proposed revised ordinance draft prepared by this office which
incorporates the Board's actions of March 16t' and other provisions which appear to this
office necessary to provide the County's Local Children and Families First Commission
with a procedural framework to implement its future actions. Should the attached draft
ordinance meet with the Board's approval, it should at some appropriate time be
introduced, reading waived and a subsequent date fixed for adoption. This office's
particular comments concerning the draft's proposed revisions to Ordinance No. 98-46
are as follows:
1. Diverse Appointments. Page 1, P4 26-14.002(W. This subsection (b) is
intended to adopt a Board's policy statement that Commission appointments are to be
diverse according to race, gender, ethnicity, and geography.
2. Service Gaos and Needs. Page 1.,§ 26-14.QO2Uc . In subsection (c), a
Board's policy direction concerning the development and adoption of the strategic plan
is set forth.
3. Two Supervisors. Page 1, §26-14.00-6(a). in this subsection, provision is
made for the appointment of two members of the Board of Supervisors to the County
Commission.
4. Department Head ComMissioners, Page 2,,-'4_26-14.QQQ(b). This subsection
provides that three members of the County Commission shall be from among County
department heads concerned with the areas covered by Proposition 10. The initial
appointment of these three commission members has been accomplished by Item I of
your March 16, 1999 order.
BOARD OF SUPERVISORS
April 12, 1999
Page
5. Group Nominees. Page 2 F 26µ14.006(c) && (d9. These subsections provide
that four members of the Commission will be appointed from various representatives or
groups involved with the areas covered by Proposition 10. But, as directed by the
March 16, 1099 Order, these four appointments are to be made pursuant to subsection
(d) from nominees proposed by the Mental Health Commission, Local Planning Council
for Child Care and Development, Substance Abuse Advisory Beard and a
representative of a Parent Advocacy Group nominated from a board approved listing of
such groups.
6. Alternate ComMissiQners. Pa 3 26-14.00d, This section provides
for the Board's appointment of alternate Commission members except for Board of
Supervisor` members.
7. Service Terms. Pane 3, FS 6-1 .0� 10(d). This subsection provides that
ultimately the four commissioners appointed pursuant to subsections (c) and (d) of
section 26-14.006 will serve for three-year terms. But it also provides that initial
appointment of the four commissioners shall be staggered by appointment of two for
four year terms and two for three year terms.
8. QrganizatioD and Meetings. page 4. r 26-14.014. The subsections of this
section provide as follows:
a. Subsection (a). The Commission will meet at least quarterly and select its
chair and vice-chair.
b. Subsection (b). The County Commission will be subject to the same quorum
and majority vote provisions as are specified in Proposition 10`s § 130130 for
the State Commission.
c. Subsection (c). Here the County Commission is provide authority to adopt
clarifying bylaws, but they will only be effective after their review and
approval by the Board of Supervisors.
d. Subsection (e). Here the County Commission is reminded of the mandatory
provisions of§ 30145 of Proposition 10 that require the County
Commission's establishment of one or more advisory committees.
9. Per C}iem andei ,.bt mernentPage 4� 6- 4-0-16. This section only repeats
the provisions of Proposition 10 that require that local commissioners be allowed
reimbursement for reasonable expenses for attending meetings and discharging their
official responsibilities, but that they are not to be compensated for their services except
[Rev. 4-12-99]
BOARD OF SUPERVISORS
April 8, 1999
Page 3
the Board of Supervisors may establish a reasonable per meeting per them if it so
chooses.
10. Public Mgetina Reguirements, Page 5.r4 26-14.01-8. This section reminds
the Commission, any appointed subcommittees and advisory committees that they must
conduct their meetings in full compliance with State and local public meeting laws.
11. Political Reform Act. Page 5. F4 26-14,02G. This section reminds
Commission members that they are subject to the financial reporting and other conflict
requirements of the Political Reform Act. Further, the section provides that
commissioners shall make the same level of reporting as required of members of the
Board of Supervisors. Finally, it directs the Commission in a timely manner to prepare
and propose a conflict of interest code for approval to the Board of Supervisors.
12. Staffina and County Support Services, page 5, § 26!14.022. This section
provides for Commission staff(e.g., an executive director, etc.) and any additional
required county support services. Subsection (a) provides that the Commission's
executive director will be employed by the Board of Supervisor and that the director and
all other professional staff of the Commission will be exempted from the County Merit
System. It also provides that Commission professional staff may be employed as
county employees or contract consultants. Subsection (c) provides for Commission
reimbursement for any County staff services provided to the Commission and the
Commission's staff.
13. Budget Approval, pages 5 & 5. § 26-14.024. This section provides that the
Commission's annual budget must be approved by the Board of Supervisors generally
in the same manner that the County budget is proposed and adopted on an annual
basis.
14. Contracts, Grants, etc., Paae 6. § 2U4.0-26. This section provides authority
for the Commission to enter contracts, accept grants and gifts and provides that such
actions shall generally be done in the same manner as when the county and its
department act to do so.
15. Audits, Page 8, § 26-14.Q_3_8. Subsection (a) of this section provides that an
annual financial audit shall be performed by or under the direction of the County's
Auditor-Controller of the Commission's records, Subsection (b) provides that the Board
of Supervisors (at its discretion) may order the performance of a management audit of
the Commission and its staff. Subsection (c) provides that the costs of any such audits
performed shall be paid from the Local Trust Fund.
BOARD OF SUPERVISORS
April 8, 1999
Page 4
If you have any questions concerning the foregoing, please feel free to ask me
for clarification or assistance as desired.
VJW/jh
cc: Phil Batchelor, County Administrator
Attn: Scott Tandy
William B. Walker, Health Services Director
John Cullen, Social Service Director
Ken Corcoran, Auditor-Controller
Vickie Dawes, Deputy County Counsel
HAJHER,EV OANNIVJIM6 DSUPMEM.WPD
ORDINANCE NO. 99-_
(Establishment of County Children and Families First
Commission-Proposition 10)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text from the enacted or amended provisions of the County Ordinance
Code).
SECTION I. Chapter 26-14 of the County Ordinance Code(as added by Ordinance No. 98-46)
is repealed, amended and re-enacted to read:
Chaps 26-14 Children and Families
First Commission
26-14.002 Pure,Intent and Authority. (a)This chapter provides for the
establishment of Contra Costa County's Children and Families First Commission to implement
the provisions of Proposition 10 adopted on November 3, 1998 and its Division :108
(commencing with Section 130100) added to the Health and safety Code.
(b) It is intended that appointments to the commission and any advisory committees
established by it should, as deemed appropriate and within the discretion of the appointing body,
be diverse and balanced according to race, geography, gender, and ethnicity.
(c) In developing, amending or otherwise revising the strategic plan,the commission
should endeavor to ensure that the plan addresses children's needs in all the areas of the county,
with special emphasis on areas where service gaps and needs are the greatest.
(Ord. 99--§1, 98-46 § 1.)
26-14.Q04 Establishment and Appointment, The children and families first
commission is established and shall have nine members appointed by order of the board of
supervisors. The term"board"as used in this chapter means the board of supervisors.
(Orris. 99-_____ § 1, 98-46 § 1. H&SC § 130140(a)(1)(A).)
26-14.006 Composition. County commission members are or shall be appointed as
follows:
(a) Two members of the county commission shall be members of the board of
supervisors. One,the board chair or another board member designated by the
chair. The second, the chair of the board's family and human services committee
or as otherwise appointed by board order.
ORDINANCE NO. 99-
1
(b) Three members of the county commission shall be appointed by board order from
among the county health officer and persons responsible for management of the
following county functions; children's services, public health services,behavioral
health services, social services, and tobacco and other substance abuse prevention
and treatment services.
(c) The remaining four members of the county commission shall be from among the
persons described in subsection(b) and persons from the following categories:
(1) Recipients of project services included in the county strategic plan;
(2) Educators specializing in early childhood development;
(3) Representatives of a local child care resource or referral agency, or a local
child care coordinating group;
(4) Representatives of a local organization for prevention or early intervention
for families at risk;
(5) Representatives of community-based organizations that have the goal of
promoting nurturing and early childhood development;
(b) Representatives of local school districts; and,
(7) Representatives of local medical,pediatric, or obstetric associations or
societies.
(8) Representatives of local mental health organizations.
(d) Commission appointments pursuant to subsection(c)may be made by board
orders of nominees proposed by the mental health commission, local planning
council for child care and development, substance abuse advisory board and a
representative of a parent advocacy group nominated from a board-approved
listing of such groups.
(Orris. 99-..._,.,§ 1, 98-46 § 1.)
2C 14.008 Alternate Commissioners.
(a) The board shall appoint one alternate commission member for each of the
following membership categories as below provided:
ORDINANCE NO. 99-
2
(1) For each member appointed pursuant to subsection(b)of section 26-
14.006, the deputy nominee proposed by each involved member.
(2) For each member appointed pursuant to subsections (c) and(d)of section
26-14.006,the alternate nominee proposed in the same manner as provided
for direct commission appointment.
(b) In accordance with section 26-14.016, an alternate may attend commission
meetings;and may receive expense reimbursement and any allowed per diem but
may not participate in commission decisions or votes unless substituting for its
absent regular commission member.
(Ord. 99-- § 1.)
2k-14.010 Terms ofServvice.
(a) Commissioner members shall serve at the pleasure of the board and are subject to
removal during their terms or other tenure of commission office by the board at its
pleasure. If a member's term has expired, the member shall continue to serve
until appointment of a successor.
(b) Board members on the commission shall be appointed on an annual basis for one
year terms.
(c) The three commission members appointed pursuant to subsection(b)of section
26-14.046 shall serve without term limit but only as long as they hold their
specified county offices.
(d) The initial appointments of the four commissioners specified in subsection(c) of
section 26-14.006 shall be of two for four year terms and two for three year terms.
Thereafter, all subsequent appointments shall be for three year terms except to fill
term vacancies.
((girds. 99- § 1. 98-46 § 1.)
26-14,012 Vacancies.
(a) A vacancy on the commission shall occur automatically if any of the following
events occur before the expiration of a member's term or other tenure of
commission office:
I. Removal of the incumbent by the board of supervisors for any reason;
2. Death or resignation of the incumbent;
ORDINANCE NO. 99-
3
3. Ceasing to be a representative from the various categories specified in
section 26-14.006.
(b) The executive director of the commission shall certify the occurrence of any event
creating a vacancy on the commission and shall notify the board.
(c) Any vacancies shall be filled by the board for the unexpired term or other tenure
of commission pursuant to section 26-14.006 and this chapter.
(Ord. 99-- § 1.)
26 14.014 Qrganizatimn and meetings.
(a) The commission shall meet at least every quarter and more often as necessary to
perform and complete its duties as required by this chapter and law. The
commission shall select its chair and vice-chair.
(b) A majority of the members of the commission shall constitute a quorum. All
actions and decisions of the commission shall be by a majority of five votes.
(c) Procedures for the conduct of business by the commission not specified in this
chapter may be contained in bylaws adopted by the commission. Any adopted
bylaws shall become effective after their review and approval by the board.
(d) The commission may establish standing or ad hoc committees of its members.
(e) The commission shall establish one or more advisory committees to provide
technical and professional expertise and support for any purposes that will be
beneficial in accomplishing the purposes of this chapter. As deemed necessary or
appropriate by the commission, each advisory committee shall meet and shall
make recommendations and reports to the commission.
(Orris. 99-- § 1, 98-46 § 1.)
2k-L4 16 Per diem and ex,, gns.Q reimbursement.
Members of the commission shall not be compensated for their services, except they shall
be paid reasonable per diem as fixed by board order and reimbursement of reasonable expenses
for attending meetings and discharging other official,responsibilities as authorized by the
commission.
(Orris. 99---. § 1.)
ORDINANCE NO. 99-
4
2b-14.E11 Rublic'Noticed.Meetings.
All meetings of the commission, commissioner subcommittees and advisory committees
shall be public (except as provided by law), noticed and conducted in compliance with the
requirements of the Ralph M. Brown Act and the county's Better Government Ordinance.
(Ord. 99 § 1.)
2_64.02 inncial IutBrest Reporting
Members of the commission and its executive director shall be subject to the financial
reporting requirements of the Political Reform Act and shall make the same level of reporting as
required of members of the board. In a timely manner, the commission shall prepare a conflict of
interest code for approval by the board.
(Ord. 99 § 1.)
2 -14.1722 Staffing.
(a) Executive Director and staff. Commission staff shall consist of an executive
director employed by the board, to serve at its pleasure, and such other staff or
consultants as deemed necessary or appropriate by the board. All employed
professional staff of the commission shall be exempt and excluded from the
county's merit system. Commission staff may be employed as county employees
or contract consultants. The executive director may utilize other county
employees as permitted by their appointing authorities to assist in carrying out the
purposes of this chapter.
(b) County Support Services. Support services usually provided to county
departments will be provided as necessary to the commission including financial
services by the auditor-controller and the treasurer and any legal services required
shall be provided by the county counsel's office.
(c) All county costs to provide the staff services authorized by subsections (a) and(b)
to implement this chapter shall be reimbursed and paid by the auditor-controller
from funds in the local Children and Families First Trust.Fund. The executive
director shall, at least monthly, direct the auditor-controller to reimburse the
county for any and all staffing costs. Such reimbursement shall be accomplished
by direct transfers from the Trust Fund.
(Ord. 99 § 1.)
26 14.024 Bud"e The commission's recommended annual budget for the monies in
the Trust Fund shall be prepared in the same manner as budgets for county departments and shall
be submitted to the auditor-controller and county administrator for consideration and approval
ORDINANCE NO. 99-
5
with the proposed county budget and final county budget. Hearings on the commission's
recommended budget shall be conducted concurrently with hearings conducted in connection
with the county budget and shall be subject to the same board approval as is the final county
budget.
Cnntracts Grants and Adminis jrative Systems
Except as otherwise provided in this chapter:
(a) Contracts. The commission may enter into such contracts as are necessary or
appropriate to carry out the provisions and purposes of this chapter and the
California Children and Families First Act of 1998 (the"Act"). All such contracts
shall specify and be contingent upon the continued future funding of the
commission pursuant to the Act, the commission's annual exercise of its
discretion to fund or participate with any contract's program for another year and
the county's continued participation in the Act's program.
(b) Grants and Gifts. The commission may accept grants, gifts, and bequests of
money made to or for the benefit of it from public or private sources to be used
for early childhood development programs,which shall be deposited in the Trust
Fund and expended for the specific purpose for which the grant, gift, or bequest
was made.
(c) For contracts,grants, local trust fund expenditures, and other activities the
commission shall use established county procedures and administrative systems,
including but not limited to: budgeting, fiscal,purchasing,contracting, renting
real or personal property, legal services, automated information systems, all in
accordance with county ordinances,policies and procedures,to carry out the
purposes of this chapter.
(Ord. 99 § 1.)
2 -_1-14. 2 Plan ado tion ani state guidelines.
The commission shall adopt an adequate and complete county strategic plan for the
support and improvement of early childhood development within the county. The county
strategic plan shall be consistent with, and in furtherance of the purposes of, the California
Children and Families First Act of 1998 and any guidelines adopted by the state commission
pursuant to subdivision(b)of the Health and Safety Code Section 130125 that are in effect at the
time the county plan is adopted.
(Orris. 99-- § 1, 98-46.)
ORDINANCE NO. 99-
6
26-14.Q30 Elan cpntent and adoption hearing.
(a) The county strategic plan shall, at a minimum, include descriptions of the
following.
(1) The goals and objectives proposed to be attained;
(2) The programs, services, and projects proposed to be provided, sponsored,
or facilitated; and
(3) How measurable outcomes of such programs, services, and projects will
be determined by the county commission using appropriate reliable
indicators.
(b) The county strategic plan shall not be deemed adequate or complete until and
unless the plan describes how programs, services, and projects relating to early
childhood development within the county will be integrated into a consumer-
oriented and easily accessible system.
(c) The county commission shall conduct at least one public hearing on its proposed
county strategic plan before the plan is adopted.
(Ards. 99-- § 1, 98-46.)
26-14.032 Annual lean review and revisions.
The commission shall, on at least an annual basis, periodically review its adopted county
strategic plan and revise the plan as may be necessary or appropriate. The commission
shall conduct at least one public hearing on its periodic review of the county strategic
plan before any revisions to the plan are adopted.
(Ords. 99 § 1, 98-46.)
26-14.Q34 Stave commission submittals. The commission in a timely manner shall
submit its adopted county strategic plan, and any subsequent revisions thereto, to the state
commission.
(Ords. 99-- § 1, 98-46.)
14.0366 Annual_audit reports and hearings.
(a) County annual audit report. The commission in a timely manner shall prepare and
adopt an annual audit and report pursuant to Health and Safety Code section
ORDINANCE NO. 99-
7
130150. The commission shall conduct at least one public hearing
prior to adopting any annual audit and report.
(b) State annual audit report. The county commission in a timely manner shall
conduct at least one public hearing on each annual report by the state commission
prepared pursuant to subdivision(b) of section 130150 of the health and Safety
Code.
(Orris. 99-- § 1, 98-46.)
26-14.038 Financial and Management Audits,
(a) The auditor-controller shall either make or contract with a certified public
accountant or public accountant to make an annual audit of the accounts and
records of the commission. The minimum requirements of the audit shall be those
prescribed by the State Controller for special districts and shall conform to
generally accepted auditing standards.
(b) The board, at its discretion, may order and provide for a management audit of the
commission and its staff.
(c) The costs of any audits performed pursuant to subsection(a) and(b) shall be
proper charges to be paid from the Trust Fund.
(Ord. 99-..,,._ § 1.)
2k-1 4.040 Local trust fund.
The local Children and Families First Trust Fund is hereby created and established in the
Contra Costa County Treasury. Moneys deposited in this trust fund shall be expended only for
the purposes authorized by the California Children and Families First Act of 1998 (H&SC §§
130100 ff.) and in accordance with the commission approved county strategic plan.
(Ord. 98-46 § 1, fI&SC § 130105(d)(2)(A).)
SECTION II. EFFECT VE DATE. This ordinance shall become effective 30 days after
Passage, and within 15 days of passage shall be published once with the names of the
Supervisors voting for and against it in the Contra Costa Times, a newspaper of general
circulation published in this County.
PASSED ON , 1999 by the following vote:
.AYES:
NOES;
ABSENT:
ORDINANCE NO. 99-
8
ABSTAIN:
ATTEST: PHIL BATCHELOR.,
Clerk of the Beard of Supervisors
and.County Administrator
By:
Deputy Board Chair
[SEAL]
hAg,c ups\stafP,Pip100RD
ORDINANCE NO. 99-
9