Yuba County Municipal Code Ch. 4.45 First Five Yuba Commission

(FORMERLY CHILDREN AND FAMILIES FIRST COMMISSION ORD. NO. 1349)

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State Law reference— Children and Families First Commission, Health and Safety Code § 130140.

(a) The Board of Supervisors of the County of Yuba finds:

(1) The voters of the State of California passed the California Children and Families First Act of 1998 (Health and Safety Code § 130100 et seq.). The Act recognizes that there is a compelling need in California to create and implement a comprehensive, collaborative, and integrated system of information and services to promote, support, and optimize early childhood development from the prenatal stage to five years of age.

(2) The act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children zero to five years of age. Proper parenting, nurturing, and health care during these early years will provide the means for California's children to enter school in good health, ready and able to learn, and emotionally well developed.

(b) It is the intent of this Chapter to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early children 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 intent of this Chapter to emphasize local decision making, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.

(c) The California Children and Families First Act of 1998 (Health and Safety Code § 130100 et seq.) provides for funding through an excise tax on tobacco products in order to implement the goals and objectives which are outlined in the act itself. It is the further intent of this Chapter to create Yuba County's First Five Yuba Commission and Yuba County's Children and Families First Trust Fund in order to receive funding through the Act and to implement the goals and objectives outlined in the California Children and Families First Act of 1998 (Health and Safety Code § 130100 et seq.).

(Prior Code, § 4.45.010; Ord. No. 1238; Ord. No. 1349)

This Chapter is intended to, and hereby does, ratify the action taken by the Yuba County Children and Families Commission by a five to one vote on July 22, 2004, to change its name to First Five Yuba.

(Prior Code, § 4.45.015; Ord. No. 1238; Ord. No. 1349)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Act means the California Children and Families First Act of 1998 (Health and Safety Code § 130100 et seq.).

California Children and Families Commission means the State Commission established in accordance with Health and Safety Code § 130110.

Commission means the County's First Five Yuba Commission established pursuant to Health and Safety Code § 130140.

County Strategic Plan means the plan adopted by the Commission and submitted to the California Children and Families First Commission pursuant to Health and Safety Code § 130140.

Trust Fund means the Children and Families First Trust Fund established pursuant to Health and Safety Code § 130105.

(Prior Code, § 4.45.020; Ord. No. 1238; Ord. No. 1349)

There is established a Commission to be known as the "First Five Yuba Commission," which Commission is a legal public entity separate and apart from the County of Yuba and is required to file a statement with the California Government Code.

(Prior Code, § 4.45.030; Ord. No. 1238; Ord. No. 1293; Ord. No. 1349)

State Law reference— Authority to establish, Health and Safety Code § 130140.

There is established a trust fund to be known as the "Children and Families First Trust Fund."

(Prior Code, § 4.45.040; Ord. No. 1238)

State Law reference— Fund required, Health and Safety Code § 130105.

The Commission shall consist of seven members.

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

(2) One member of the County Commission shall be the Director of Human Services or a Management Designee.

(3) One member of the County Commission shall be the Director of Public Health or a Medical-Public Health Designee.

(4) One member of the County Commission shall be the Chief Probation Officer or a Management Designee.

(5) One member of the County Commission shall be the Yuba County Office of Education Superintendent or a Local School District Designee.

(6) The remaining two members of the County Commission shall be persons from the following categories:

a. Recipients of project services included in the County Strategic Plan;

b. Educators specializing in early childhood development;

c. Representatives of a local child resource or referral agency, or a local child care coordinating group;

d. Representatives of a local organization for prevention or early intervention for families at risk;

e. Representatives of community based organization that have the goal of promoting nurturing and early childhood development;

f. Representatives of local school districts; and

g. Representatives of local medical, pediatric, or obstetric associations or societies.

(Prior Code, § 4.45.050; Ord. No. 1238; Ord. No. 1293; Ord. No. 1546)

State Law reference— Commission membership, Health and Safety Code § 130140.

Commission members shall be appointed by the Board of Supervisors. Commission members shall serve at the pleasure of the Board of Supervisors. The term of office of each member shall be for three years and until the appointment of his/her successor.

(Prior Code, § 4.45.060; Ord. No. 1238)

(a) Terms of office of the Commission members shall be staggered. At the first meeting of the Commission, the members shall classify themselves by lot so that one member shall have a term of office for one year, one member shall have a term for two years, and three members shall have a term of office for three years.

(b) For initial implementation this amended ordinance and the appointment of the four members in Section 4.45.050(3), in March 2002, two members shall be appointed to two-year terms, and the other two members to three year terms. All four terms will begin at 11:00 a.m. on the last Monday of April 2002. The two-year terms will end at 11:00 a.m. on the last Monday of April2004, and those appointed to replace them will be appointed to three-year terms. Thereafter, all appointees in this category will be appointed to three-year terms, beginning on the last Monday of April at 11:00 a.m. and ending on the last Monday of April at 11:00 a.m. three years later. When a vacancy occurs in Commission membership, the County Board of Supervisors will appoint someone from among those eligible to complete the unfinished term.

(Prior Code, § 4.45.070; Ord. No. 1238)

(a) A vacancy of the Commission shall occur automatically on the happening of any of the following events before the expiration the term:

(1) Removal of the incumbent for any reason;

(2) Death or resignation of the incumbent;

(3) Ceasing to be a representative from the various categories provided for in Section 4.45.050; or

(4) If the Commission holds only one regular meeting during each calendar month, absence from three consecutive regular or special meetings or his/her absence from four regular or special meetings in any 12-month period or if the Commission holds two or more regular meetings during each calendar month, absence from four consecutive meetings or absence from six regular or special meetings within a 12-month period.

(b) The secretary of the Commission shall certify the happening of any vacating event to the Board of Supervisors. The Board of Supervisors may waive any vacating event for any member of the Commission by majority vote of the Board of Supervisors.

(c) The Board of Supervisors shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the Commission. The Board of Supervisors shall act within 60 days to fill a vacancy.

(Prior Code, § 4.45.080; Ord. No. 1238; Ord. No. 1293)

The members of the Commission shall annually elect a chairperson who shall serve for a term of one year. The Commission shall make such rules and regulations as are necessary to conduct its business.

(Prior Code, § 4.45.090; Ord. No. 1238)

The Commission's meetings are subject to the open meeting laws contained in the Ralph M. Brown Act (Government Code § 54950 et seq.).

(Prior Code, § 4.45.100; Ord. No. 1238)

The members of the Commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties.

(Prior Code, § 4.45.110; Ord. No. 1238)

The First Five Yuba Commission is charged with the following duties:

(1) To implement the goals and objectives of the Act.

(2) To administer the monies in the Yuba County Children and Families First Trust Fund.

(3) To adopt an adequate and complete County strategic plan for the support and improvement of early childhood development within the County as outlined in the Act.

(4) To conduct at least one public hearing on its proposed County strategic plan before the plan is adopted.

(5) To conduct at least one public hearing on its periodic review of the County strategic plan before any revisions to the plan are adopted.

(6) To submit its adopted County strategic plan, and any subsequent revisions thereto, to the State Commission and the Board of Supervisors.

(7) To prepare and adopt an annual audit and report pursuant to Health and Safety Code § 130150. The Commission shall conduct at least one public hearing prior to adopting any annual audit and report.

(8) To conduct at least one public hearing on each annual report by the State Commission prepared pursuant to Health and Safety Code § 130150(b).

(9) To make copies of the annual audits and reports available to members of the general public on request and at no cost.

(10) To exercise all powers, duties, and functions as are prescribed by statute, the Board of Supervisors and the Commission.

(Prior Code, § 4.45.120; Ord. No. 1238)

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

(1) The power to employ personnel and contract for personal services required to meet its obligations.

(2) The power to enter into any contracts necessary or appropriate to carry out the provisions of this Chapter and the Act.

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

(4) The power to sue or be sued.

(Prior Code, § 4.45.130; Ord. No. 1293)

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

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

(Prior Code, § 4.45.140; Ord. No. 1238)

The Commission shall adopt a Conflict of Interest Code pursuant to the Political Reform Act of 1974 (Government Code § 81000 et seq.), specifically Government Code § 87300. Members of the Commission shall not participate in the making of governmental decisions or contracts in which such members has a financial interest as defined in Government Code Title 1, Div. 4, Ch. 1, Art. 4 (Government Code 1090 et seq.) and the Political Reform Act of 1974 (Government Code § 81000 et seq.).

(Prior Code, § 4.45.150; Ord. No. 1293)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.