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HomeMy WebLinkAboutMINUTES - 05041999 - C23 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on �Z.2y , 1999 by the following vote AYES: Gioia, Uilkema, Gerber, DeSaulnier, Canciamilla NOES: NONE ABSENT: NONE ABSTAIN: NON SUBJECT: County Children and Families First Commission Proposition 10 Revised. Ordinance WHEREAS, the Board of Supervisors having directed the County Counsel on April 27, 1999, to modify the proposed amendments to Chapter 26-14 of the County Ordinance Code which implements Proposition 10 in Contra. Costa County; and WHEREAS, the County Counsel raving modified the draft County' s Children and Families First Commission --- Proposition 10 ordinance to incorporate the Board' s actions of March 16, 1999 and April 27, 1999 ; NOW, THEREFORE, IT I,S BY THE BOARD ORDERED THAT: The ordinance to repeal, amend, and re-enact Chapter 26-14 of the Contra. Costa County Ordinance Code is hereby introduced, reading thereof waived, and fixing May la - 1,1199 , for adoption. hereby certify that this is a true and correct copy of aro action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: May 1 Y 1 ggq PHIL Bk CHELOx, Merit of the Board of Supervisors and County Administrator By: Deputy VL D: id Orifi. Dept: County Counsel Vickie Dawes 235-1800 cc: County Administrator' s Office Health Services Department Social Services Department H:\VDAWE\BDORDS\PRPICORD.WPD 4�3 Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925) 335-1800 Martinez, CA 94553 Pax: (925)646-1078 Date: April 26, 1999 To: Board of Supervisors From: Victor J. Westmar�,�pCounsel By: Vickie L. Dawe y County Counsel Re: Children and Families First Commission - Amendments to Proposed Revision of County's Proposition 10 ordinance In accordance with the directions of the Board on April 27, 1999, we have modified the draft of the County's Children and Families First Commission-Proposition 16 ordinance which was attached to Supervisor Gioia's proposed and adopted April 27, 1999 order. Attached are the proposed amendments to the revised ordinance which incorporate the Board actions of March 16, 1999 and April 27, 1999. Changes to the ordinance are indicated by strikeout for deletions and highlighting for added words. Assuming the attached draft ordinance meets with the Board's approval, it should be introduced, reading waived, and fixed for adoption on May 11, 1999. VLD:Id cc: Phil Batchelor, County Administrator Attn: Scott Tandy, Chief Assistant William Walker, M.D., Health Services Director John Cullen, Social Services Director H AV DAWEW E M O ST ro p 10 b.wp d 4 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 1. Chapter 26-14 of the County Ordinance Code (as added by Ordinance No. 98-46) is repealed, amended and re-enacted to read: Chapter 26-14 Children and Families First Commission 26-14.002 Purpose,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. 04 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. (Ords. 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. ORDINANCE NO. 99- 1 (a) r members of the county commission shall be tnembers o the he board of supervisors appointed by board order. (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 The tltrt"MAf ? tetx ' 01 No (c) The remaining fb=dive members of the county commission shall be men Mnong the persons described in sttbseefi-o��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; (6) Representatives of local school districts; (7) Representatives of local medical, pediatric, or obstetric associations or societies; arrd (8) Representatives of local mental health organizations, (d) Commission appointments pursuant to subsection (c) may be made by � orders of nominees proposed by the mental health commission, loeal plamin ORDINANCE NO. 99- 2 %A1i1%4 velopment, s6st=ee abase advisory-board mid"n 41�11 IVI care =d de listing of Sueh gr_-U-ps. (Ords. 99--§ 1, 98-46 § 1.) 26-14.008 Alternate Commissioners. (a) The board shall appoint one alternate commission member for each of the following membership categories as below provided; (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)mid-* of section 26-14.006,the alternate rro3teec-pn� 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.) 26-14.010 Terms of Service. (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) MUITIUers At ,boar .m i r`d t y 1 c a r fc f t on the commission shall.. .be appointed ott= w r.,.., �.,. at nmal (c) The three commission members appointed pursuant to subsection(b) of section 26-14.006 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) ORDINANCE NO. 99- 3 of section 26-14.006 shall be of two for four year terms and tvm for three year terms. Thereafter, all subsequent appointments shall be for three year terms except to fill term vacancies. (Orris. 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: 1. Removal of the incumbent by the board of supervisors for any reason; 2. Death or resignation of the incumbent; 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 Organization 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. ORDINANCE NO. 99- 4 (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.) 26-14.Q16 Per diem and expense 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.) 26-14.018 Public 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.) 26-14.020 Financial Interest 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.) 26-14.022 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 ORDINANCE NO. 99- 5 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-- § l.) 26-14.024 Budget. 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 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. 26-14.026 Contracts. Grants and Administrative 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 ORDINANCE NO. 99- 6 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.) 26-14.028 flan adoption and 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. (fords. 99 § 1, 98-46.) 26-14.03(1 Plan content 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. (fords. 99-® § 1, 98-46.) 26-14.Oa2 Annual.plan review and revisions. ORDINANCE NO. 99- 7 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. (Orris. 99 § 1, 98-46.) 26-14.034 State 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.) 26-14.036 Annual audit retorts 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 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.) 26-14.040 Local trust fund. ORDINANCE NO. 99- 8 The local Children and Families First Trust Fund is hereby created and established in the Contra Costa County Treasury. Moneys deposited in this trust fiend 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; H&SC § 130105(d)(2)(A).) SECTION II EFFECTIVF.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. ABSTAIN. ATTEST. PHIL BATCHELOR., Clerk of the Board of Supervisors and County Administrator By:® Deputy Board Chair [SEAL] H:\VDAWE\ORDS\ProplOB.wpd ORDINANCE NO. 99- 9