Mendocino County Municipal Code Ch. 9.34 First 5 Mendocino County Ordinance

This Chapter shall be known as the "FIRST 5 Mendocino" County Ordinance.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

It is the scope of this Chapter to provide for early childhood development services as set forth in the California Children and Families Act of 1998.

It is the intent of this Chapter to establish a Mendocino County Children and Families Commission and to establish a local Children and Families Trust Fund. Said Commission shall be a legal public entity separate from the County of Mendocino, and which shall be known as "FIRST 5 Mendocino."

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The following definitions apply for purposes of this Ordinance:

(A) "Act" means the California Children and Families Act of 1998.

(B) "County Commission" or "Commission" refers to FIRST 5 Mendocino established in accordance with Section 130140 of the Health and Safety Code.

(C) "County strategic plan" means the plan adopted by FIRST 5 Mendocino and submitted to the California Children and Families Commission pursuant to Section 130140 of the Health and Safety Code.

(D) "State Commission" means the California Children and Families Commission established in accordance with Section 130110 of the Health and Safety Code.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

There is established, pursuant to authority contained in Health and Safety Code Section 130140, a Children and Families Commission known as "FIRST 5 Mendocino," which shall be a legal public entity registered with the California Secretary of State separate from the County of Mendocino and said Commission shall file a statement as required by Section 53051 of the Government Code.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The Commission is established to promote, support and improve the early development of children from the prenatal stage to five (5) years of age. These purposes shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care, and research. The Commission shall fulfill Mendocino County's obligations as set forth in California's Children and Families Act of 1998.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The Commission shall consist of nine (9) members who are residents of Mendocino County, and appointed by the Board of Supervisors.

Two (2) members of the Commission shall be 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.

One (1) member of the Commission shall be a member of the Board of Supervisors.

The remaining members of the Commission shall be from the following categories: recipients of project services included in the County strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, or a local child care coordinating group; representatives of a local organization for prevention or early intervention for families at-risk; representatives of community-based organizations that have the goal of promoting nurturing and early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

All Commissioners shall be appointed by the Board of Supervisors upon nomination by any member of the Board of Supervisors. Each Commissioner serves at the will of the Board of Supervisors. The term of office of each member shall be for three (3) years and until the appointment of his/her successor.

Commissioners shall serve without compensation, except that they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities. Said compensation shall be determined by the Commission.

The Commission shall adopt bylaws, not inconsistent with this Chapter and the State Act, within one hundred twenty (120) days of the adoption of this Ordinance. The bylaws shall include provisions related to staggered terms, vacancies and removal from office.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The powers, duties and responsibilities of the Commission shall include, but not be limited to, the following:

(A) The power to employ personnel and contract for personal services required to meet its obligations; and to utilize the services of volunteers.

(B) The power to enter into any contracts necessary or appropriate to carry out the provisions of the Act.

(C) The power to acquire, possess, and dispose of real or personal property, as necessary or appropriate to carry out the provisions of the Act.

(D) The power to sue and be sued.

(E) The Commission shall be deemed to be a public agency that is a unit of local government for purposes of all grant programs and other funding and loan guarantee programs.

(F) Any obligations of the Commission, statutory, contractual, or otherwise, shall be obligations solely of the Commission.

(G) All claims or actions for money or damages against the Commission shall be governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply expressly to the County commissions.

(H) The Commission, its members, and its employees, are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply.

(I) The Commission may solicit and accept funds from federal, state and local governmental agencies for carrying out the purposes outlined in this Chapter. The Commission may also accept gifts, donations and grant awards from any source for carrying out its functions.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The powers, duties and responsibilities of the Commission shall be as follows:

(A) The Commission shall facilitate:

(1) The creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the purpose of this Commission to emphasize local decision-making, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.

(2) Establishment of community-based programs to provide parental education and family support services relevant to effective childhood development. These services shall include education and skills training in nurturing and in avoidance of tobacco, drugs, and alcohol during pregnancy. Emphasis will be on the consolidation of existing programs and new services provided pursuant to this act into an integrated system from the consumer's perspective.

(3) Education of the public, using mass media, on the importance and the benefits of nurturing, health care, family support, and child care; and inform involved professionals and the general public about programs that focus on early childhood development.

(4) Education of the public, using mass media, on the dangers caused by smoking and other tobacco use by pregnant women to themselves and to infants and young children, and the dangers of secondhand smoke to all children.

(5) Encouragement of pregnant women and parents of young children to quit smoking.

(B) 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, this ordinance and any guidelines adopted by the State Commission that are in effect at the time the plan is adopted.

The County strategic plan shall, at a minimum, include the following: a description of the programs, services, and projects proposed to be provided, sponsored, or facilitated; and a description of how measurable outcomes of such programs, services, and projects will be determined by the County Commission using appropriate reliable indicators. The strategic plan shall be deemed adequate or complete when 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.

The County Commission shall, on at least an annual basis, be required to periodically review its County strategic plan and to revise the plan as may be necessary or appropriate.

The County Commission shall conduct at least one public hearing on its proposed County strategic plan before the plan is adopted.

The County 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.

The County Commission shall submit its adopted County strategic plan, and any subsequent revisions thereto, to the Mendocino County Board of Supervisors for the Board's information and to the State Commission as required by the Act.

(C) The County Commission shall prepare and adopt an annual audit and report pursuant to Section 130150. The County Commission shall conduct at least one public hearing prior to adopting any annual audit and report.

(D) The County Commission 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.

(E) The Commission shall study and investigate by means of meetings, conferences, public hearing or other appropriate means, conditions impacting services for early childhood development.

(F) The Commission shall recommend to the Board of Supervisors necessary programs, or legislation to promote, ensure and protect services which enhance early childhood development.

(G) The Commission shall render to the Board of Supervisors a report or reports of commission activities.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

Pursuant to Subparagraph (A) of Paragraph (2) of Subdivision (d) of Section 130105 of the Children and Families Act of 1998, the Mendocino County Board of Supervisors establishes a local Children and Families Trust Fund.

All moneys deposited in this fund shall be appropriated and expended only for the purposes expressed in the California Children and Families Act, and shall be used only to supplement existing levels of service and not to fund existing levels of service. No moneys in the California Children and Families Trust Fund shall be used to supplant state or local General Fund money for any purpose.

(A) The moneys allocated and appropriated to the County shall be deposited in the local Children and Families Trust Fund administered by the County Commission, and shall be expended only for the purposes authorized by the Act and in accordance with the County strategic plan approved by the County Commission and the Board of Supervisors.

(B) Any moneys allocated and appropriated to the Commission that are not encumbered or expended in any applicable period prescribed by law shall (together with the accrued interest on the amount) revert to and remain in the local Children and Families Trust Fund for the fiscal period under the same conditions as set forth in Paragraph (A).

(C) All grants, gifts, or bequests of money made to or for the benefit of the County Commission from public or private sources used for early childhood development programs shall be sited in the local Children and Families Trust Fund expended for the specific purpose for which the grant, gift, or bequest was made.

(D) No moneys shall be expended to provide, sponsor, or facilitate any programs, services, or projects for early childhood development until and unless the County Commission has first adopted an adequate and complete County strategic plan that contains the provisions required by Clause (ii) of Subparagraph (c) of Paragraph (1) of Subdivision (a) of the Act and which is approved by the Board of Supervisors and the State Commission.

(E) For each fiscal year the County Commission shall receive the portion of the total moneys available to all County Commissions equal to the percentage of the number of births recorded in Mendocino County (for the most recent reporting period) in proportion to the number of births recorded in all of the counties participating in the California Children and Families Program (for the same period), provided that each of the following requirements has first been satisfied:

(1) The Commission has, after the required public hearings, adopted an adequate and complete County strategic plan conforming to the requirements of the State Commission;

(2) The Commission has conducted the required public hearings, and has prepared and submitted all audits and reports required pursuant to Section 130150.

(3) The Commission has conducted the required public hearings on the State Commission annual reports prepared pursuant to Subdivision (b) of Section 130150.

On or before October 15 of each year, the Commission shall conduct an audit of, and issue a written report on the implementation and performance of, their respective functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and the measurement of specific outcomes through appropriate reliable indicators.

(a) The audits and reports of the County Commission shall be transmitted to the State Commission and the Mendocino County Board of Supervisors.

(b) The County Commission shall make copies of its annual audits and reports available to members of the general public on request and at no cost.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The Commission shall convene no fewer than four (4) meetings/public hearings annually at such time and place as shall be agreed upon by the Commission and such other special meetings as shall be required from time to time.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

The County Commission shall establish one (1) 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 act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

(Ord. No. 4106, Sec. 1 (part), adopted 2003.)