AGENDA Urban Counties of California...Urban Counties of California Board of Directors Meeting...

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartle, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Ellio, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County Chair Supervisor Carole Groom Execuve Director Jolena L. Voorhis In-person Board meeng in San Diego. AGENDA Urban Counes of California Board of Directors Meeng November 28, 2018 - 5:00 PM I. Call To Order UCC Chair Supervisor Groom will call the meeng to order. II. Roll Call of Counes III. Approval of Minutes IIIA. Minutes of September 25, 2018 UCC Board Meeng ACTION ITEM UCC MInutes - FINAL.doc IV. Items for Consideraon IVA. UCC Legislave Priories for 2019 ACTION ITEM UCC DRAFT Legislave Priories 2019 - (Clean version).doc IVB. UCC Legislave Policies 2019 ACTION ITEM UCC DRAFT Legislave Policies 2019 (Highlighted Version).doc IVC. 501c3 Creaon ACTION ITEM UCC Memo on 501c3 Creaon FINAL.doc Draſt 501c3 Workplan.docx 501c3 Timeline.docx UCC Restructuring Commiee History and Acons (2018).docx IVD. UCC By-Laws ACTION ITEM 1

Transcript of AGENDA Urban Counties of California...Urban Counties of California Board of Directors Meeting...

Page 1: AGENDA Urban Counties of California...Urban Counties of California Board of Directors Meeting November 28, 2018 - 5:00 PM I. Call To Order UCC Chair Supervisor Groom will call the

Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: EmilyHarrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra CostaCounty; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett , Orange County;Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, SanFrancisco County; Supervisor Bob Elliott , San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Chair Supervisor Carole GroomExecutive DirectorJolena L. Voorhis

In-person Board meeting in San Diego.

AGENDAUrban Counties of California

Board of Directors MeetingNovember 28, 2018 - 5:00 PM

I. Call To OrderUCC Chair Supervisor Groom will call the meeting to order.

II. Roll Call of Counties

III. Approval of Minutes

IIIA. Minutes of September 25, 2018 UCC Board MeetingACTION ITEMUCC MInutes - FINAL.doc

IV. Items for Consideration

IVA. UCC Legislative Priorities for 2019ACTION ITEMUCC DRAFT Legislative Priorities 2019 - (Clean version).doc

IVB. UCC Legislative Policies 2019ACTION ITEMUCC DRAFT Legislative Policies 2019 (Highlighted Version).doc

IVC. 501c3 CreationACTION ITEMUCC Memo on 501c3 Creation FINAL.docDraft 501c3 Workplan.docx501c3 Timeline.docxUCC Restructuring Committee History and Actions (2018).docx

IVD. UCC By-LawsACTION ITEM

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UCC BYLAWS (2018) - Ballot Measure Revisions FINAL.doc

IVE. UCC Conflict of Interest PolicyACTION ITEMUCC Conflict of Interest Policy 2019.doc

V. Election of UCC Chair and Vice-Chair

VA. Election of UCC Chair and Vice-ChairACTION ITEMUCC Memo on UCC Officers for 2019-20.docx

VI. Informational Items

VIA. UCC WorkplanInformational WorkPlan Action Log (Updated 11-8-18) FINAL.xls

VIB. UCC Annual Report 2018 - See Separate AttachmentInformational

VII. Proposals for Next Month's Meeting Agenda

VIII. Public Comment

IX. AdjournmentAdjourn until January 28, 2019. The January Meeting shall be conducted via conference call.

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Agenda Item No:IIIA.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Grace ChildsSubmitting Department: Item Type: MinutesAgenda Section: Approval of Minutes

Subject:Minutes of September 25, 2018 UCC Board Meeting

Suggested Action:ACTION ITEM

Attachments:UCC MInutes - FINAL.doc

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

1100 “K” Street, Suite 101/Sacramento, CA 95814/ (916) 327-7531 FAX (916) 491-4182/[email protected]

UCC Board of Director’s MeetingSummary

September 25, 2018

Alameda: Contra Costa: Lara DelaneyFresno: Supervisor Buddy Mendes, Supervisor Nathan MagsigLos Angeles:Orange: Peter DeMarco (Alternate), Nicole WordelmanRiverside: Supervisor Chuck WashingtonSacramento: Supervisor Susan Peters, Steve CruzSan Bernardino: Josh Candeleria (Alternate), Nicole WordelmanSan Diego: Geoff Patnoe (Alternate)San Francisco:San Joaquin: Supervisor Bob ElliottSan Mateo: Supervisor Carole Groom, Connie Juarez-Diroll, Steve Cruz, Devon

AndersonSanta Clara: Jim Weston (Alternate), Danielle ChristianVentura: Supervisor Kelly Long, Sue HughesUCC: Jolena Voorhis, Grace Childs-Ferguson

I. Call to OrderUCC Chair, Supervisor Carole Groom convened the meeting and called the members to order.

II. Roll Call of CountiesThere were 6 Supervisors 4 Alternates and 11 counties represented at this meeting.

III. Approval of Minutes from the August 27, 2018 UCC Board Meeting – APPROVED The August 27th minutes were Approved and below is the vote count:

Member County Yes No Absent Not VotingSupervisor Groom, Chair

San Mateo X

Supervisor RamosVice-Chair (Alternate)

San Bernardino X

Supervisor Carson Alameda XSupervisor Glover Contra Costa XSupervisor Mendes Fresno X

Chair Supervisor Carole GroomExecutive DirectorJolena L. Voorhis

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Supervisor Ridley-Thomas

Los Angeles X

Supervisor Bartlett(Alternate)

Orange X

Supervisor Washington

Riverside X

Supervisor Peters Sacramento XSupervisor Horn(Alternate)

San Diego X

Vacant San Francisco XSupervisor Elliott San Joaquin XSupervisor Yeager(Alternate)

Santa Clara X

Supervisor Long Ventura XVote Total 9 4 1

IV. Items for Consideration

1) Homeless Funding Update

UCC provided a memo on Homeless Funding.

As part of the Budget package this year, the State has invested $700 million in various programs to provide to cities and counties. The major programs are as follows:

Homeless Emergency Aid Program (HEAP) – ($500 million)The HEAP program has three separate pots:

$250 million to the Continuums of Care (CoC) based on Point-In-Time Count ranges.

$100 million to CoCs based on percent of homeless population.

$150 million to large cities.

HEAP funds are intended to provide funding to Continuums of Care (COCs) and large cities (LCs) with populations over 330,000, so they may provide immediate emergency assistance to people experiencing homelessness. Eligible uses include, but are not limited to the following: homelessness prevention activities, criminal justice diversion programs for homeless individuals with mental health needs, meeting the needs of homeless youth, and emergency aid.

The Business, Consumer Services, and Housing Agency has held several workshops on the HEAP program across the state and released guidelines for the program. Applications are being accepted on a rolling basis starting September 5, 2018 through December 31, 2018.

California Emergency Solutions and Housing Program (CESH) – ($53 million)Under SB 2 (Atkins, 2017), the first year of funds received from the $75 fee will be provided to homeless funding. As part of the budget, the Legislature split this into two pots (ESG and Housing

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

for a Healthy California). The CESH program provides funds to the Continuum of Care (CoC) based on the 2017 Point-In-Time count, the number of extremely low-income households in rental housing that pay more than 50 percent of household income on rent, and the number of persons below the federal poverty line.

HCD has released the Notice of Funding Availability (NOFA) for this program and applications are due by October 15, 2018.

Housing for a Healthy California – ($53 million)This funding is provided under SB 2 (Atkins, 2017) and would provide 50% of the homeless funding in the first year to this program which was created by AB 74 (Chau, 2017). This program provides funding to counties who can use the funding for acquisition, new construction, or reconstruction and rehabilitation; project-based operating assistance, which may include long-term assistance for 5 years or establishing a 15-year capitalized operating reserve.

HCD is required to make it operational by January 2019, but has not begun the guideline process.

No Place Like Home (NPLH) In 2016, the Legislature passed the No Place Like Home Program (AB 1618 and AB 1628) which provided for the creation and implementation of the program which provides $2 billion in bond funding through the Mental Health Services Act to fund permanent and supportive housing to the homeless.

As part of the budget, the Legislature placed the NPLH program on the November ballot for approval due to the validation action pending in the courts. HCD has released guidelines on the non-competitive portion of the funds ($200 million) and is expected to released guidelines on the competitive pot sometime in the next month. However, no funds or applications can be received unless the ballot measure is approved by the voters.

2) Other Emerging or Continuing Legislative Issues

a) Ballot Initiatives – Action Items

Staff noted to the board the vote requirements (50% +1) – and that 8 votes are needed to take a position on a ballot initiative.

While Proposition 1 and 2 did not have any formal opposition, Proposition 5 did. Two guest speakers were present and given 5 minutes to provide arguments for proponents and opponents.

Proposition 1 – Veterans and Affordable Housing Bond of 2018- NO ACTION

Summary: Proposition 1, the Veterans and Affordable Housing Bond Act of 2018, would authorize the issuance of $4 billion in bonds for affordable housing.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

BackgroundAffordable housing continues to be a top priority for the Legislature and there is a significant crisis regarding affordable housing in California with 2.2 million extremely low-income households competing for only 664,000 affordable rental homes.

The last housing bond was Proposition 1C which was passed in 2006 and provided $2 billion in bonds for affordable housing to various programs at the Department of Housing and Community Development (HCD), all of which have been expended.

Proposed Measure:This measure would enact the Veterans and Affordable Housing Bond Act of 2018, and would authorize the issuance of $4 billion in bonds. The bonds shall be allocated in the following manner:

$1.5 billion for the Housing Rehabilitation Loan Fund to be used for the Multifamily Housing Program to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with 60% of the AMI.

$150 million for the Transit-Oriented Development Program which provides assistance to cities and counties to encourage higher density projects.

$300 million for the Infill Incentive Grant Program.

$150 million for the Self-Help Housing Fund at CALHFA.

$300 million for the Farmworker Housing Grant Fund.

$300 million for the Affordable Housing Innovation Fund to fund competitive grants or loans to local housing trust funds.

$300 million for the CalHome Program to provide direct, forgivable loans to assist mortgage assistance programs and for manufactured homes.

$1 billion for veteran home loans.

Fiscal ImpactAccording to the LAO, this measure would create increased state costs to repay bonds averaging about $170 million annually over the next 35 years.

Pros: Provides additional funding for affordable housing due to the significant affordable housing

crisis.

Provides funding to various entities including counties through a competitive process.

This could create up to 137,000 jobs and provide $23.4 billion into California’s economy.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Cons: This measure would increase state costs to repay these bonds.

SupportStaff provided a list of supporters on Proposition 1.

OppositionNo registered opposition to Proposition 1.

Staff Recommendation: The UCC Board voted to support SB 3 (Beall, 2017), which placed this on the ballot. Staff recommends a support position on Proposition 1.

A Motion was made to Support Proposition 1, and below is the vote count: Member County Yes No Absent Not VotingSupervisor Groom, Chair

San Mateo X

Supervisor Ramos Vice-Chair (Alternate)

San Bernardino X

Supervisor Carson Alameda XSupervisor Glover Contra Costa XSupervisor Mendes Fresno XSupervisor Ridley-Thomas

Los Angeles X

Supervisor Bartlett (Alternate)

Orange X

Supervisor Washington

Riverside X

Supervisor Peters Sacramento XSupervisor Horn (Alternate)

San Diego X

Vacant San Francisco XSupervisor Elliott San Joaquin XSupervisor Yeager(Alternate)

Santa Clara X

Supervisor Long Ventura XVote Total 5 1 4 4

Due to UCC By-Laws requirements, this action did not carry and UCC has no position on this ballot measure.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Proposition 2 – No Place Like Home Act of 2018 – NO ACTION

Summary: Proposition 2, would place the No Place Like Home statutes before the voters to gain approval to use Mental Health Services Funds (Proposition 63) to provide permanent and supportive housing to the homeless who are seriously mentally ill.

BackgroundNo Place Like Home BackgroundIn 2016, the Legislature passed the No Place Like Home Program (AB 1618 and AB 1628) which provided for the creation and implementation of the program which provides $2 billion in bond funding through the Mental Health Services Act to fund permanent and supportive housing to the homeless.

UCC staff was actively involved in the negotiation on AB 1618 and while we did not have an official position on the bill, due to differing opinions among the urban counties, we worked in conjunction with CSAC, RCRC, and CBHDA to provide comments on the guidelines to HCD throughout 2017. We also created a technical working group to continue to provide feedback on the guidelines.

The final guidelines on NPLH were released in July 2017. However, because NPLH is using MHSA funds under Proposition 63, the use of those funds needs to be validated by the court. This has resulted in significant delay in NPLH and only technical assistance funds have been provided to counties. The first court date was set for July 23, 2018, but HCD has indicated that this process could take another year.

NPLH – Funding AllocationsUnder NPLH there are three funding allocation:

Competitive Program ($1.8 billion). This program uses county tiers so that urban counties compete against urban counties, rural counties against rural counties.

Non-Competitive Program ($200 million). This will allow HCD to distribute two hundred million from the fund on an over-the-counter basis to finance the construction, rehabilitation, or preservation of permanent and supportive housing for individuals in the target population.

Alternative Process ($1.8 billion). This program provides for an alternative process for allocating funds as grants directly to counties with at least five percent of the state’s homeless population. Under the guidelines released there are four counties with this level of homeless: Los Angeles, San Diego, San Francisco, and Santa Clara.

Proposed Measure: This measure provides that the Mental Services Act Funds can be used for NPLH and is

consistent with and in furtherance of Proposition 63.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Provides that no more than $140 million of MHSA could be used for NPLH in any year. Also provides that the Controller shall make transfer no later than 90 days after the effective date of the appropriation by the Legislature.

Provides that in any month that MHSA funds are insufficient to fully transfer to the subaccount the shortfall shall carry over to the next month.

Allows the California Health Facilities Financing Authority to sell up to $2 billion in bonds to pay for NPLH.

Fiscal ImpactAccording to the Legislative Analyst’s Office (LAO), this measure would allow the state to use up to $140 million per year of county mental health funds to repay up to $2 billion in bonds.

Pros:- Allows the No Place Like Home Program to be utilized instead of waiting for court validation.

- Provides significant investment to address the homeless and housing crisis.

- Provides funds in both non-competitive and competitive pots to allow for all counties to have access and to build these projects.

Cons:- Would divert county MHSA funds to repay the bonds that these funds would have otherwise

been allocated by the county.

- Requires counties to compete for funds that otherwise would have been directly allocated to counties.

SupportStaff provided a list of supporters.

OppositionNAMI Contra Costa (Opposed to SB 3).

Staff Recommendation: Support. The UCC Board voted to support SB 1206 (De Leon), which had the same provisions regarding approval by the voters of NPLH.

A motion was made to Support Proposition 2 and below is the vote count:Member County Yes No Absent Not

VotingSupervisor Groom, Chair San Mateo XSupervisor Ramos Vice-Chair (Alternate)

San Bernardino X

Supervisor Carson Alameda XSupervisor Glover Contra Costa X

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Supervisor Mendes Fresno XSupervisor Ridley-Thomas

Los Angeles X

Supervisor Bartlett (Alternate)

Orange X

Supervisor Washington Riverside XSupervisor Peters Sacramento XSupervisor Horn (Alternate)

San Diego X

Vacant San Francisco XSupervisor Elliott San Joaquin XSupervisor Yeager(Alternate)

Santa Clara X

Supervisor Long Ventura XVote Total 6 4 4

Due to UCC By-Laws requirements, this action did not carry and UCC has no position on this ballot measure.

Proposition 5 – Property Transfer Tax Initiative – NO ACTION

Staff provided a brief summary and then allowed the proponents and opponents 5 minutes each to present. After the presentations, staff opened it up for questions to the guest speakers.

Summary: This measure would change the process for base year value transfers by allowing unlimited transfer opportunities for seniors and those with disabilities.

BackgroundUnder existing law, base year transfers allow a homeowner to continue paying property taxes at the amount of their previous home and prevent the reassessment of their newly purchased or constructed home to full market value. Under Proposition 13 (1978), homeowners are able to use their prior homes protected assessed value when purchasing a home of equal or lesser value. This is provided to homeowners 55 years of age or older and also to those homeowners with a severe, permanent disability, as long as certain conditions are met.

Generally, a home’s value is established when it is purchased, constructed, or undergoes a change in ownership under Proposition 13. Proposition 13 also offers that the property’s full cash value as adjusted for inflation or 2% per year, whichever is lower. As a result, a homeowner who holds onto his or her home for a long period of time has a much lower property tax bill than someone who just recently purchased or built their home, even if the fair market value is similar.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Existing Law: Both properties must be located within the same county unless the county where the

homeowner seeks to purchase their new residence has adopted an ordinance allowing intercounty transfers. Currently 11 counties allow intercounty transfers (Alameda, El Dorado, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara, Tuolumne and Ventura).

A homeowner can transfer their assessed value only once in their lifetime.

Proposed Measure:This measure would expand the base year value transfers for homeowners 55 years and older and/or severely disabled by providing no value limit on replacement properties, unlimited transfer opportunities, and allow transfers anywhere in the state.

Fiscal ImpactAccording to the Legislative Analyst’s Office (LAO), schools and local governments would lose over $100 million in annual property taxes growing to about $1 billion per year. There will be similar state costs to backfill school property losses.

Pros:- Would allow seniors who are on a fixed income to be able to afford a new home.

- Reduces property taxes for seniors and those with disabilities.

Cons:- Would result in significant property tax losses to counties due to the lower property taxes.

- Would increase the duties of the county assessors.

SupportCalifornia Association of Realtors (Sponsor), California Chamber of Commerce, Howard Jarvis Taxpayers Association.

OppositionCalifornia Teachers Association, California School Boards Association, California State Association of Counties.

Staff Recommendation: Oppose due to fiscal impact on counties.

Proponents: The California Realtors noted in support of Proposition 5, that people aremoving out of 3, 4 and 5 bedroom homes after 20 plus years allowing the younger generation in. Proposition 5 allows transfers anywhere in the state. This measure should avoid moving penalty. The issue is funding. The LAO did a static analysis and the California Realtors did an economic report which they said they would be happy to share. It showed a 43,000 bump.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

Opponents: Dorothy Johnson from the California State Association of Counties presented the opposition arguments and noted $1 billion per year would be lost affecting local government and schools. This might be a wash but they are not looking at permanent erosion of county taxes. This is a detriment to first time homebuyers. Noted that the San Francisco Chronicle said this measure should go down in flames. Local control is at stake and 11 counties are ending the program. She concluded by noting that it would be half a million annual loss from the program.

Supervisor Washington from Riverside county said their county has a program in place to accept transfers into their county. They are adamantly opposed to this measure.

A motion was made to Oppose Proposition 5 and below is the vote count:Member County Yes No Absent Not

VotingSupervisor Groom, Chair

San Mateo X

Supervisor Ramos Vice-Chair (Alternate)

San Bernardino X

Supervisor Carson Alameda XSupervisor Glover Contra Costa XSupervisor Mendes Fresno XSupervisor Ridley-Thomas

Los Angeles X

Supervisor Bartlett (Alternate)

Orange X

Supervisor Washington Riverside XSupervisor Peters Sacramento XSupervisor Horn (Alternate)

San Diego X

Vacant San Francisco XSupervisor Elliott San Joaquin XSupervisor Yeager(Alternate)

Santa Clara X

Supervisor Long Ventura XVote Total 5 4 5

Due to UCC By-Laws requirements, this action did not carry and UCC has no position on this ballot measure.

Some Board members expressed concerns that UCC would not be able to take a position due to the vote threshold for ballot measures (50%+1). San Diego County suggested that UCC should take a look at changing the Bylaws related to supporting propositions that mirror state legislation that UCC supports.

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Board of Directors: Chair: Supervisor Carole Groom, San Mateo County Vice Chair: Supervisor James Ramos, San Bernardino County Treasurer: Emily Harrison, Finance Director, Santa Clara County Members: Supervisor Keith Carson, Alameda County; Supervisor Federal Glover, Contra Costa County; Supervisor Ernest Mendes, Fresno County; Supervisor Mark Ridley-Thomas, Los Angeles County; Supervisor Lisa Bartlett, Orange County; Supervisor Chuck Washington, Riverside County; Supervisor Susan Peters, Sacramento County; Supervisor Bill Horn, San Diego County; Vacant, San Francisco County; Supervisor Bob Elliott, San Joaquin; Supervisor Ken Yeager, Santa Clara County; Supervisor Kelly Long, Ventura County

b) Legislative UpdateStaff provided a handout of the list of bills UCC has positions on. Governor had 5 days left to take action on the remaining bills. Staff reported some really good news – The Governor signed AB 1804 (Berman), which provides counties with a similar exemption to CEQA for infill projects that are residential and mixed use.

The Governor also signed the Conference Committee Report on the Wildfires (SB 901).

FCC Action on WirelessStaff noted to the Board that they may have seen this in various updates last week or in UCC’s e-news, that the FCC is proposing a new rule on permitting small cell facilities similar to SB 649. Staffsent a letter of opposition to the proposal but it is unclear if this will stop the FCC from adopting the final order.

Informational Items

a) WorkPlan 2018

Staff provided a handout outlining the WorkPlan for 2018.

V. Proposals for Next Month’s Meeting Agenda1) State Budget2) Legislative Update3) Ballot Initiatives

VI. Public CommentThere was no public comment.

VII. Adjourn until Wednesday, November 28, 2018 at 5:00PM. This meeting will be an in-person meeting held in conjunction with the CSAC Annual Conference in San Diego. *Note: no conference line will be available.

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Agenda Item No:IVA.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Items for Consideration

Subject:UCC Legislative Priorities for 2019

Suggested Action:ACTION ITEM

Attachments:UCC DRAFT Legislative Priorities 2019 - (Clean version).doc

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1100 “K” Street, Suite 101/Sacramento, CA 95814/ (916) 327-7531 FAX (916) 491-4182/[email protected]

UCC Legislative Priorities – 2019DRAFT

(Alphabetical Order)

1991 Realignment & In-Home Supportive Services (IHSS) In 2017, the funding for the IHSS program changed with resulting modifications to the underlying 1991 Realignment structure and a substantial cost shift to counties. State law provides for a reexamination of the changes to these fiscal structures in 2019. UCC supports ways to address IHSS funding, while maintaining our capacity to provide vital health, mental health, and other social services programs.

Affordable Housing UCC supports a permanent funding sources for affordable housing. This includes providing additional incentives for counties to approve housing and reducing regulatory barriers to that approval. The cost of living is particularly acute with seven California’s urban counties documented as the most expensive places in the country to buy a home. Therefore, UCC also supports efforts to address workforce housing needs and reduce the costs of housing in the urban regions of the state. UCC will work to ensure that the funding under SB 2 (Atkins, 2017) for the permanent source of housing are appropriated equitably to the urban counties. UCC will closely monitor legislation dealing with changes to fees for housing projects due to the upcoming report on developer fees being conducted by HCD. UCC will support efforts to provide new tools for economic development and affordable housing as long as new funding sources have been approved by the affected tax entities.

Health Care FinancingUCC supports the ability of counties to continue to provide health care services to our members and will oppose any efforts to reduce funding to counties and to county hospitals. This includes the following issues: Repealing or reducing coverage offered under the Affordable Care Act (ACA), Medicaid funding, behavioral health funding, and public health funding. UCC will monitor upcoming health care discussions for county impacts, including but not limited to, the Managed Care Organization (MCO) tax, the Hospital Quality Assurance Fee, the Medicaid 1915B waiver renewal, the Medicaid 1115 waiver renewal, and universal coverage.

In addition, UCC opposes any new diversion of county funds from the Mental Health Services Act (MHSA). UCC supports maximum flexibility in the use of the MHSA funds to best serve local mental health needs as well as efforts to streamline existing programs to ensure operational efficiencies.

HomelessnessWith the growing numbers of homeless in urban counties, UCC will work on the implementation of the No Place Like Home program, the Homeless Emergency Aid Program, and the SB 2 funding program, to ensure that urban counties receive their fair share of funding and that the guidelines work for all counties. In addition, UCC will advocate for additional funding that reduces and prevents homelessness; expand the availability of permanent supportive housing; and provide urban counties with the ability to maximize and

Executive DirectorJolena L. Voorhis

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leverage available Federal, State and local funds to provide services for at-risk and homeless families andindividuals.

Public SafetyAs counties continue to manage expanded local criminal justice responsibilities, UCC will support efforts thatallow for flexibility, encourage local innovation, and strengthen services that improve public safety and reduce recidivism. Bail reform legislation that passed in 2018 (SB 10, Hertzberg) eliminates the cash bail system beginning in October 2019. UCC will work on implementation of bail reform to ensure that adequate funding is provided to counties for any new responsibility. In addition, UCC will advocate for counties to receive adequate time and local flexibility to implement SB 10 or any other bail system reforms. Finally, UCC will support efforts that promote the use of risk-based release decisions through risk assessment tools and processes that mitigate racial and economic disparities while maintaining public safety.

State Budget IssuesUCC will focus on the State Budget with an emphasis on securing adequate funding for programs administered by urban counties. UCC will oppose reductions in state programs that increase the burden on urban county programs and will also oppose efforts to reduce funding without a commensurate reduction in county responsibility. UCC will further oppose any efforts to shift costs or federal penalties to urban counties. UCC will support efforts to require the state to continue to reimburse the urban counties for all outstanding mandates claims currently owed to urban counties.

UCC will oppose any realignment proposals that transfer additional program responsibility to counties without adequate funding, constitutional protections, county participation and approval. UCC will remain vigilant about sustaining Proposition 30 protections for all realigned programs.

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Agenda Item No:IVB.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Items for Consideration

Subject:UCC Legislative Policies 2019

Suggested Action:ACTION ITEM

Attachments:UCC DRAFT Legislative Policies 2019 (Highlighted Version).doc

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1100 “K” Street, Suite 101/Sacramento, CA 95814/ (916) 327-7531 FAX (916) 491-4182/[email protected]

UCC Legislative PoliciesDRAFT 2019

Proposed Changes in Underline and Bold

Governance and Finance

1. In order to fulfill the dual roles of agent of the state and local service provider, counties must have adequate authority, flexibility, and resources. Most importantly, counties must have stable sources of revenue that enable them to both implement state law and respond to essential local priorities.

2. UCC will oppose proposals that preempt county authority. This includes attempts to eliminate local control for land use and other siting decisions.

3. UCC will support proposals that provide constitutional protections and guaranteed funding to counties under realignment. UCC will oppose proposals to realign additional program responsibility to counties without adequate funding and protections.

4. UCC opposes any efforts to reduce funding to realignment without replacing it with an adequate and ongoing alternate funding source, as required under the Constitution.

5. UCC will support legislation that enhances or maintains a county’s revenue base and oppose measures that limit a county’s revenue raising authority or reduce a county’s revenue from any source without a commensurate reduction in responsibility.

6. UCC will oppose formulas that discriminate against urban areas, such as by providing a high minimum funding floor to low population states and localities and not taking into account the higher cost of living, land costs, and risk factors in urban areas.

7. UCC will oppose the shift of any additional local property taxes, support the return to counties of property taxes that were transferred to schools, support measures that would enhance counties’ efforts to administer the property tax system, and oppose those that increase counties’ unfunded responsibility for the system.

8. UCC will oppose proposals that continue or increase county responsibilities or expenses without a viable and adequate source of state or federal revenue.

9. UCC will oppose legislation that requires a new program, higher level of service, expanded employee benefits, or other costs imposed upon counties by the State without adequate ongoing funding. Further, UCC believes that counties should be reimbursed promptly and by adate certain for mandates imposed by the state. Finally, because suspended mandates create liability and fiscal issues for counties, mandates should be repealed, not suspended. UCC will oppose any future efforts to eliminate the reimbursement for mandates required to be provided by counties.

Executive DirectorJolena L. Voorhis

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10. UCC will oppose future efforts to eliminate or modify the mandate reimbursement provisions from existing law and will support efforts to clarify that any future changes to the California Public Records Act or the Ralph M. Brown Act should be analyzed for the cost impact to local governments and allow for reimbursement of any potential new costs.

11. UCC will support proposals that increase a board’s ability to raise local revenues.

12. UCC will support measures that maximize federal revenues.

13. UCC will support measures that reduce maintenance of effort or participation fee requirements and will oppose measures that impose additional maintenance of effort requirements on counties unless they are at least revenue neutral.

14. UCC will support measures that increase a county’s flexibility to administer federal, state, or local programs, including modernization efforts to improve efficiencies. For example, UCC will support legislation that provides counties with the necessary authority to establish and manage local programs such as code enforcement of illegal dumping and littering laws.

15. UCC will oppose measures that limit a county’s ability to operate in a reasonable and cost effective manner.

16. UCC will support proposals that eliminate unnecessary, redundant, or overlapping requirements for program eligibility, funding, maintenance of effort, monitoring, permitting or reporting.

17. UCC will support the equitable application of existing tax policies to ensure taxpayer compliance and dependable revenues.

18. UCC will support periodic evaluation of the economic benefit and equitable application of all tax expenditures.

19. UCC will support measures that enable counties to better exercise their responsibility to plan for, respond to, and receive reimbursement and property tax relief for emergencies and disasters.

20. UCC will support pension reform proposals that achieve the objectives of financial sustainability for county budgets and the county’s ability to maintain service levels.

21. UCC will support efforts to educate the public and the legislature on public compensation and the services provided by counties.

22. UCC will oppose measures that restrict county flexibility in the operation of employee relations.

23. UCC will oppose measures that would have a negative fiscal impact on the worker’s compensation system and support measures that reform and streamline the system.

24. UCC will oppose changes to the inverse condemnation strict liability standard.

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Health and Human Services

1. UCC will support legislation that enhances the local safety net and its multiple components including mental health, public health, and the numerous human services that counties provide on behalf of the State and will support proposals that promote dependable, long-term funding for these services.

2. UCC will support proposals that maximize eligibility for Federal and State-funded programs. UCC will oppose proposals that diminish funding to counties.

3. UCC will support proposals that reduce the number of uninsured persons, or expand Medi-Cal coverage to low-income persons. UCC will oppose any efforts to repeal the Affordable Care Act (ACA) and will oppose reductions to Medicaid funding.

4. UCC will support proposals to simplify and align Medi-Cal eligibility rules and application processes to increase and expedite the enrollment of uninsured families.

5. UCC will support proposals that increase net Medicaid/Medi-Cal payments to government providers while opposing proposals that reduce such payments.

6. UCC will support proposals that use intergovernmental transfers (IGTs), health provider fees, certified public expenditures (CPEs), and other allowable methods to increase net Federal Medicaid and SCHIP matching payments to California and its health providers at no cost to the State General Fund.

7. UCC will support the use of State capital improvement funds, currently limited to hospitals, for the construction of clinics and other public health facilities and support assistance to hospitals that enables them to meet seismic safety requirements.

8. UCC will support measures and funding that strengthen the ability of the public health system to respond to chemical, biological, and other forms of terrorism.

9. UCC will support the provision of federal matching funds for child support performance incentive payments used for child support enforcement. UCC will support changes to the funding formula to ensure that all counties are adequately funded, without reducing current allocations to other counties.

10. UCC supports a system of services for adolescents with drug or alcohol problems and provide adequate funding to operate such a system.

11. UCC supports continued and improved funding for substance abuse treatment and mental health services including those that provide alternatives to incarceration.

12. UCC will support a State backfill of any reduction in Federal financial participation in Federal programs, such as child support enforcement, Medicaid, and Temporary Assistance for Needy Families (TANF).

13. UCC will support proposals to hold counties harmless from fiscal penalties when the Federal or State governments do not provide additional funding commensurate with the cost of meeting new requirements or performance measures.

14. UCC supports federal funding for the 211 phone system and also supports the implementation of statewide coverage of the 211 system.

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15. UCC supports Laura’s Law as long as there is adequate funding and flexibility provided to counties that implement the program.

16. UCC will support proposals to preserve supplemental payments to public and private hospitals as the Federal Medicaid Managed Care rules are implemented in California.

17. UCC will oppose any effort to shift additional IHSS costs to counties. UCC supports the re-evaluation of the IHSS MOE in the context of 1991 realignment due to its unsustainable program growth and the likelihood of fiscal impact to other realigned programs, while maintaining our capacity to provide vital health, mental health, and other social services programs.

Housing, Land Use and Transportation

1. UCC will support measures that provide funding for local infrastructure.

2. UCC will support measures that provide additional funding, resources, and flexibility to address the affordable housing needs in our counties. This includes providing additional incentives for counties to approve housing and reducing regulatory barriers to approving housing. UCC also supports efforts to address workforce housing and the high cost of living in urban counties.

3. UCC will advocate for proposals that fund initiatives that reduce and prevent homelessness, expand the availability of permanent supportive housing and allow counties to maximize and leverage available Federal, State and local funds to provide services for at-risk and homeless families and single persons.

4. UCC will support proposals that eliminate or revise unnecessary, redundant, or overlapping requirements for land use, planning, and permitting. This includes efforts to improve the CEQA process and requirements where appropriate including the preparation of master environmental documents and the use of tiered EIRs and negative declarations while maintaining county land use decision- making authority.

5. UCC supports maintaining a county’s flexibility to use eminent domain for public projects.

6. UCC will monitor activities related to tribal gaming and other tribal enterprises in urban areas with the goal that any tribal compacts include provisions that address county concerns including off-reservation impacts and the ability of counties to meet their governmental responsibilities. Any proposal to place land in trust for a tribe should require the approval of the county within which the land is located.

7. UCC will support proposals that maintain the same level of funding for bridges as in previous years and opposes any formula that would disadvantage discriminate against urban counties.

8. UCC will support efforts to provide new tools for economic development and affordable housing contingent on new funding sources that have been approved by the affected tax entities.

9. UCC will support measures that use Cap and Trade auction revenues to fund local infrastructure projects consistent with AB 32 objectives and builds on the framework of SB 375which are focused on reducing greenhouse gases and other pollutants.

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10. UCC will oppose efforts to eliminate or restrict the ability of counties to regulate land use including the siting of projects or facilities.

11. UCC will oppose proposals that would increase or add to our responsibilities under the Regional Housing Needs Assessment (RHNA) without adequate funding. UCC is opposed to using the RHNA allocation as a measurement tool in the production of housing.

12. UCC will oppose any regulatory framework for cannabis that would place new mandates on any county department or function. Instead, UCC supports a regulatory framework operated by the state which may include some county role as long as there is funding for any new responsibility. UCC supports local land use control for the siting and licensing of cannabis facilities and operations including the ability to ban activity and will oppose any legislation that will remove that authority.

13. UCC supports additional funding to the local transportation system and supports the preservation of existing funding. UCC supports continued direct subventions to local governments through existing formulas for the maintenance, operation, preservation, and safety needs of the local system. UCC supports efforts to minimize damage to existing transportation and infrastructure systems including limits on the size or length of tractor trailer trucks.

14. UCC opposes efforts to eliminate or restrict local control over the permitting of solar photovoltaic projects.

15. UCC will closely monitor efforts to make changes to local authority over land use related to the wildfires and supports efforts for the state to recognize the impediments to building housing in fire hazard severity zones.

16. UCC will support emerging technologies in our jurisdictions as long as counties maintain oversight of the design, siting and safety of these new technologies.

Justice

1. Counties administer the justice system including law enforcement, correctional treatment facilities, detention, district attorney, public defender, and probation. In addition, the larger counties still make maintenance of effort payments to the state towards support of trial court operations. UCC will support increases in funding for justice facilities and the operational costs of the justice system.

2. UCC opposes any shift of responsibility from the state to counties for court operations and court facilities.

3. UCC supports the elimination or reduction of the Maintenance of Effort requirements for urban counties related to the courts.

4. UCC will support proposals that ensure county justice agencies that interact with the courts have appropriate access to new or upgraded court computer systems at no additional cost to the county.

5. UCC will support proposals that maximize the pass-through of Federal homeland security assistance from the State to counties based on their potential terrorist threat and risk levels

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and responsibilities for emergency preparedness and response, law enforcement, first response, public health, and emergency medical services.

6. UCC will oppose any new proposals that would shift the responsibility of additional parolees from the state to the counties without adequate notification, documentation and funding.

7. UCC will supports stable funding for front-line law enforcement including juvenile justice crime prevention, juvenile camps and parole, adult probation, and adequate facilities to house prisoners.

8. UCC will support proposals that will help counties implement the 2011 Public Safety Realignment as long as the proposal would: provide for county flexibility, eliminate redundant or unnecessary reporting, and does not transfer more responsibility without funding.

9. UCC will support efforts to combat the negative impact that human trafficking and sex trafficking has on victims in our communities, including the impact that this activity has on a range of county services and supports. UCC also supports proposals that provide additional tools, resources and funding to help counties address this growing problem.

10. UCC will oppose legislative or regulatory changes that would require counties to retrofit or reconfigure jail facilities, including existing facilities and any detention facility construction project that was conditionally awarded a state grant prior to the effective date of AB 103 (2017), to accommodate new in-person visitation requirements.

11. UCC will support efforts to adequately fund dependency counsels.

12. In the context of bail reform, UCC will support the use of risk-based release decisions, but will oppose imposition of significant pre-trial or other responsibilities without adequate funding and local decision-making authority. UCC supports flexibility for counties to implement bail reform including adequate time to address local needs and priorities. UCC supports risk assessment tools and processes that mitigate racial and economic disparities while maintaining public safety.

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CSAC Agriculture, Environment and Resources Platform

UCC Adopted Section 6 of the CSAC Platform as a starting place for water policy on November 29, 2017.

Section 6. Water Conservation

Water Resources Development Counties recognize the complexities of water use and distribution throughout the state, and therefore should be officially represented geographically on all federal, state, and/or regional water policy bodies and decision-making authorities. A comprehensive statewide water resource management plan – one that includes the upper watershed areas – is essential to the future of California. Such a plan should include a full assessment of needs for all users.

In relation to any specific water project, counties support statutory protection of counties of origin and watershed areas. These protections provide that only water that is surplus to the reasonable ultimate human and natural system needs of the area of origin should be made available for beneficial uses in other areas. A natural system includes the ecosystem, meaning a recognizable, relatively homogeneous unit that includes organisms, their environment, and all interactions among them. Additionally, the cost of water development to users within the areas of origin should not be increased by affecting a water export plan. Furthermore, in all federal and state legislation, county of origin protections should be reaffirmed and related feasibility studies should clearly identify and quantify all reasonable future needs of the counties of origin to permit the inclusion of specific guarantees. Existing water rights should be recognized and protected.

Counties must be compensated for any third party impacts, including, but not limited to, curtailed tax revenues and increases in costs of local services occasioned by an export project.

There currently exists a need for the development of new solutions to expand water resources to meet the growing needs of the state. The increased demand for water is due to the rapid population growth, agricultural needs and industrial development. Projects should be considered that will create new water supplies through a variety of means such as recycling, water neutral developments, storm water capture, desalinization, waste water reclamation, watershed management, development of additional storage and conservation. In building any new water projects, the state must take into account and mitigate any negative socio-economic impacts on the affected counties.

Counties support the incorporation of appropriate recreational facilities into all water conservation and development projects to the extent feasible.

Water Rationing Counties oppose statewide mandatory water rationing programs that would establish unrealistic and unnecessary restrictions on some areas of the state and which establish inadequate goals for other areas. Instead, counties support a voluntary approach to water conservation that promotes a

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permanent "conservation ethic" in California. If water rationing does become necessary in certain areas of the state, counties will need statutory authorization to impose water rationing decisions at the county government level.

Water Conservation

The Legislature has recognized the need for water conservation. Counties recognize the need for local programs that promote water conservation and water storage. Water conservation may include reuse of domestic and industrial wastewater, reuse of agriculture water, groundwater recharge, or economic incentives to invest in equipment that promotes efficiency. No conservation of water shall be recognized if the conservation arises from the fallowing of agricultural land for compensation, unless the board of supervisors of the county in which the water has been devoted to agricultural use consents to the fallowing.

The Regional Water Quality Control Boards need to direct staff to issue permits for direct discharge of properly treated wastewater to promote reuse.

Ground Water Management

It is CSAC's position that ground water management is necessary in California and that the authority for ground water management resides at the county level. Adequate management of water supply cannot be accomplished without effective administration of both surface and ground water resources within counties. Ground water management boundaries should recognize natural basins and responsibilities for administration should be vested in organizations of locally elected officials. Private property rights shall be addressed in any ground water management decisions.

Ground water management programs should maintain the flexibility to expeditiously address critical localized and basin-wide problems. Studies necessary to design ground water programs should be directed by local agencies with technical or economic support from state and federal programs.

Financing of Water Conservation and Ground Water Management

Area-wide water conservation and ground water management programs are costly. Those benefiting should pay a fair share of these costs. Local agencies should have the discretion to recover those costs.

Flood ControlThe following policy guidance on flood control shall be followed in conjunction with CSAC’s Flood Management Principles and Policy Guidelines.

Long-term flood control improvements are necessary in order to provide improved flood protection and minimize future damages. Local, state and federal agencies should work to improve communications, coordination and consistency prior to and following a flood disaster. Counties are encouraged to look for funding opportunities to move structures out of flood plains.

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CSAC supports and encourages the U.S. Army Corps of Engineers, through the Waterways Experiment Stations, to adopt innovative geo-technical (high-tech) inspections systems to identify unexpected voids and saturated sand lenses in government-authorized levees. CSAC further supports follow up by the Army Corps with a recommendation for non-federal sponsors to add these techniques to their annual levee inspection programs.

Counties continue to experience frustration when applying for the state and federal permits that are required to repair, restore and maintain flood control facilities. Counties support streamlining of such permits or any other efforts that would allow expeditious implementation of such activities.

Counties recognize the need for environmental mitigation measures to protect endangered species. The unique need for ongoing and routine levee maintenance must be reconciled with reasonable mitigation requirements. Solutions could include a blanket "take permit" exempting levee maintenance from compliance and a more efficient process for routine maintenance.

Counties further recognize that providing habitat and flood control may not be mutually achievable goals within river, stream or ditch channels. However, ecosystem restoration projects may provide flood control benefits and will require detailed hydraulic and other engineering studies to assess the individual and cumulative hydraulic impacts in floodways. Counties also recognize that habitat areas shall be maintained in such a manner as to not obstruct the flow of water through the channel. Further, the river, stream and ditch channels should also have blanket "take permits" issued to allow for proper cleaning of obstructions to the water flow and/or carrying capacity.

Federal and state agencies that have the expertise and have been funded to identify, protect and are responsible for species that would be harmed in the course of flood control projects – such as levee reconstruction, maintenance or repairs – must be charged with the rescue of these species and not the local government performing such activities. These local governments have little, if any, expertise in the identification and rescue procedures of threatened and endangered species. This identification and rescue should be accomplished in the most expedient time frame practicable. The federal agencies should be required to consult with the local action agencies within thirty days of any species rescue determination.

In respect to locally sponsored flood control projects, CSAC shall continue to urge the administration and the legislature to fully fund the State Flood Control Subvention Program.

Delta

CSAC believes that any proposed Delta solutions be implemented in a manner that:

Respects the affected counties’ land use authority, revenues, public health and safety, economic development, water rights, and agricultural viability.

Promotes recreation and environmental protection.

Ensures Delta counties’ status as voting members of any proposed Delta governance structure. 27

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Improves flood protection for delta residents, property, and infrastructure.

Improves and protects the Delta ecosystem, water quality, flows and supply.

Ensures consistency with affected counties adopted policies and plans.

Secures financial support for flood management, improved emergency response, preservation of agriculture, protection of water resources, and enhancement and restoration of habitat.

Accords special recognition, and advances the economic vitality of “heritage” or ”legacy” communities in the Delta.

Demonstrates a clearly evidenced public benefit to any proposed changes to the boundaries of the Delta.

Support development of adequate water supply, utilizing the concept of "Regional Self Sufficiency" whereby each region maximizes conservation and recycled water use, implements storage (surface and groundwater) and considers desalination, as necessary.

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Agenda Item No:IVC.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Items for Consideration

Subject:501c3 Creation

Suggested Action:ACTION ITEM

Attachments:UCC Memo on 501c3 Creation FINAL.doc

Draft 501c3 Workplan.docx

501c3 Timeline.docx

UCC Restructuring Committee History and Actions (2018).docx

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November 8, 2018

TO: UCC Board of Directors

FROM: Jolena Voorhis, Executive Director

RE: UCC Memo on 501c3 Creation______________________________________________________________________________For the past four years, the UCC Restructuring Committee has been tasked with finding other resources and options for UCC which included changing several of the processes and limiting our focus to urban issues.

At the February Board meeting, the Board approved the preliminary discussion by the Restructuring Committee regarding the focus of the 501c3. Since January, staff has been meeting with all of the Board member or staff to get feedback and understand the pros and cons of this proposal at the direction of our consultant, Jim Gross. At the May in-person meeting, the Board had a lengthy discussion but the final vote was 4-4 and it was asked to reconsider this issue later in the year.

Feedback from Board Members

Here are some of the comments or questions from UCC Board Members:

Timeline for organization with key dates as to when certain actions will occur. List of potential donors that would be committed. Need better description of organization and duties of all of the staff. Guidelines for board member participation including potential conflict of interest issues. Guidelines for donations to deal with conflicts with UCC organization. Provide a budget of the new organization, disclose how funds were spent. Concern about keeping the 501c3 separate from UCC. Concern about UCC Board members serving on the 501c3. Broad mission statement so that the activities can be flexible. Ideas for deliverables: Education tour or forums, regional forums for urbans to discuss

specific issues.

501c3 Workplan and DiscussionAs discussed during the meetings with Board members, we have worked on developing a preliminary workplan for the 501c3 which includes timelines and goals for the new organization.

Staff Recommendation: Adopt the workplan and timeline for the 501c3 and direct the Restructuring Committee

to begin on the timeframe. The filing of new organization with the IRS will be on hold until we develop more guidelines and meet some of the timelines in the workplan.

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UCC 501 (c) (3) Organization Work Plan

Executive Summary

The UCC Restructuring Committee and the UCC Board have directed staff to prepare a workplan for the creations of a new organization, one exempt from taxation pursuant to both state and federal law (See IRC section 501 (c)(3) and Revenue and Taxation code section 13701(d)). This new organization can serve as the educational and research partner to UCC.

As part of the development of the work plan, the UCC Executive Director has met with the Board members to discuss this work plan and answer questions from the board.

Mission of the Urban County Foundation of California (UCF)

To focus on specific areas of policy to provide education on the urban counties to the urban counties and the general public on issues of statewide concern. The issues suggested in previous discussions with the board were as follows:

Cannabis Homelessness and Affordable Housing General County Operations (Contracting Out) Realignment Issues

However, it should be noted that the organization would not be limited to these issues nor would it be prohibited from changing its priority issues.

Services and Deliverables

It is anticipated that the organization would provide issue briefs, do research on large policy issues, and hold regional forums for urban counties to discuss issues that are unique to the urban counties. Through these efforts we believe this organization can enhance the ability of urban counties to address major policy issues and other challenges.

Governance and Structure

The new Board would have 2 existing UCC Board members to be designated by the UCC Executive Director and 5 other members to be from either county staff or non-profit backgrounds.

The Restructuring Committee would be responsible for identifying potential Board members for the organization and to recruit an Executive Director to serve for at least the first year.

Once the new board is created, the by-laws would need to be adopted in order to begin the process for the application for recognition of tax exemption.

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Fundraising Goals

Preliminarily the fundraising goal is to raise approximately $500,000 over the initial three years. Fundraising can begin prior to final recognition of tax exemption. This goal and the details on the fundraising opportunities will be completed by the new Executive Director and the new Board of Directors.

TimeLine and Assignments:

(See Attachment)

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PROPOSED TIMELINEURBAN COUNTY 501 (C) 3

PROJECT SUMMARY

REPORT DATE PROJECT NAME PREPARED BY

November 1, 2018 501c3 Creation Jolena Voorhis and Jim Gross

STATUS SUMMARY

The UCC Restructuring Committee and the UCC Board have directed staff to prepare a workplan for the creations of a new organization, a 501c3 which could be the educational and research organization for the urban counties.

PROJECT OVERVIEW

TASK % DONE DUE DATE DRIVER NOTES

Met with all UCC Board Members

95% May 16, 2018 Jolena Voorhis

Background on new organization and developments to date

100% May 16, 2018 Jolena Voorhis

NEW 501C3 TIMELINE AND TASKS

TASK % DONE DUE DATE DRIVER NOTES

Develop list of potential donors July 23, 2018 Jolena Voorhis

Develop guidelines for new board members and for donations.

September 30, 2018

UCC Restructuring Committee

Appoint new Board members and develop list of potential members.

October 30, 2018 UCC Restructuring Committee

Hire new Executive Director November 30, 2018

501c3 Board

Adopt By-Laws for 501c3 January 2019 501c3 Board and ED

Adopt Budget for 501c3 January 2019 501c3 Board and ED

File application with IRS and SOS

January 2019 Nielsen Merksamer 33

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UCC Restructuring Subcommittee History

May 11, 2018

2014 – Creation of Restructuring Committee

At the November 2014 Board meeting the UCC Board voted to create the UCC Restructuring Committee. This was in response to the Executive Director’s report, which outlined that the requests for UCC to get involved in other issues was growing. It was noted that since 2008, 20 new policies were added to the UCC portfolio.

The UCC Board directed the Subcommittee to address the following issues:

Decide whether to streamline our policies and priorities even further to reflect a focus on urban issues and to more accurately reflect the level of staffing resources. This includes reviewing procedures for how UCC staff decides to take positions on legislation and budget issues.

Discuss the possibility of adding additional staff if the priorities and policies remain unchanged or if the Restructuring Committee decides that the goal should be more staff and more advocacy for the urban counties. This could include an increase in dues, and a discussion of office space, equipment and other cost issues related to hiring more staff.

Discuss potential revenue streams to provide new revenue sources to UCC. This will include the review of CSAC and RCRC structures to determine if there are opportunities for UCC to expand in this area.

The Board appointed Supervisor Carole Groom as Chair and Supervisor Dave Roberts as Vice-Chair. In addition, each Board member appointed a staff person to the Committee.

2015 – Preliminary Recommendations

The UCC Restructuring Committee held two meetings and discussed how to restructure the UCC priorities and policies, as well as other ideas for funding sources.

On March 4, 2015, the UCC Board discussed the idea of a dues increase but a few counties did not want to have an increase at that time. The discussion surrounded the review by the Restructuring Subcommittee regarding potential new staff which included a matrix on potential costs.

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Recommendations Adopted by UCC Board – May 15, 2018

Changes to bill and budget process:

1. Use a form when requests are made from outside the county family to gauge the level of involvement in the bill.

2. Establish a new ranking system for bill tracking:

S1 – Strong Support/Sponsor and will testify in committeeS2 – Send letter onlyS3 – Only send letter if askedO1 – Strong Oppose and will testify in committeeO2 – Send letter O3 – Only send letter if asked

3. Limit involvement in three policy areas which are relatively new to UCC. UCC will retain the policy but only get involved when it is sponsored by an urban county or if a majority of the urban counties are in support or opposition to the bill. The three issue areas are: employee relations and workers compensation, solid waste and environmental bills (except CEQA), and redevelopment.

4. Direct the Executive Director to use the UCC Legislative Committee which meets monthly and is made up of county staff to review bills and propose bill positions. The Legislative Committee would then make a recommendation to the UCC Board.

Other Funding Sources:

The Board allocated approximately $50,000 from the UCC Reserve to hire a legal firm to conduct research and analysis on other funding sources for UCC. This could include conduit financing authority, corporate sponsors, and ideas from other states like TechNet in Texas. Legal assistance is needed due to the various restrictions on non-profits and lobbying activities as it relates to setting up other sources or expanding the corporate sponsor program. This would be conducted through a Request for Qualifications and final approval of the firm would be decided by the Chair and Vice-Chair.

2016 – Murphy Austin Report

The UCC Restructuring Committee met four times to discuss the Murphy Austin Report which was presented to the UCC Board on May 18, 2016. The Committee prioritized the issues for follow-up as follows:

1) Corporate Sponsors – Check with corporate sponsors to see if they would be willing to provide funds to help on the administrative side of UCC activities. Reach out to new corporate sponsors.

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2) New Members to UCC – Reach out to Fresno and San Joaquin counties to determine if they would be willing to join UCC.

3) UnClaimed Property Proposal – Continue to pursue this concept with the CSAC Finance Corporation and with San Mateo acting as the first county.

4) 501c3 Creation – Reach out to Nancy Lee of Murphy Austin to answer questions on this idea.

5) Conduit Financing – Reach out to Greg Norton at RCRC to answer questions on conduit financing.

6) Texas Model – Reach out to Texas Urban Counties to provide more information and answer questions.

7) Reserves for Limited Term Employee – Do research to determine what an adequate reserve would be if we pursue the limited term employee option using UCC reserves.

2016 - Recommendations Adopted by UCC Board:

Corporate Sponsors - Changed the corporate sponsor structure to allow for the funds to be used for administrative expenses.

UCC Membership – Fresno and San Joaquin - Directed staff along with Restructuring Committee to continue these conversations with both counties.

Unclaimed Property. Continue to discuss the Unclaimed property proposal with the CSAC Finance Corporation. This proposal would have the CSAC Finance Corporation in partnership with UCC to mine the claims in the urban counties which can generate revenue for both organizations. San Mateo County is pursuing being the first pilot county.

Creation of 501c3. Continue to discuss the possibility of creating a 501c3 with the UCC Restructuring Committee.

Changes to UCC and Revenue Generation to Date:

Legislative Process Changes. Adopted new position structure, reduced number of issue areas, and focused priorities on urban issues.

Corporate Sponsorship Expansion ($7,000). Expanded the corporate sponsorship program by adding two new sponsors.

Murphy Austin Report (-$13,500). Commissioned the Murphy Austin Report which outlined many of the changes made to date.

New County Members ($70,000). Fresno and San Joaquin Counties joined UCC in 2017.

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Legislative Committee Changes. The UCC Legislative Committee which meets monthly is also responsible for making recommendations to the Board on legislation and advising the Executive Director on legislation.

Hired Part-Time Temporary Employee. With some of the additional funding we have hired a part-time temporary employee that helps with administrative responsibilities and special projects.

In Progress:

501c3 Creation. Still working on the creation of the 501c3, as directed by the UCC Board.

UnClaimed Property. Still working on getting a pilot county to start this proposal.

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Agenda Item No:IVD.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Items for Consideration

Subject:UCC By-Laws

Suggested Action:ACTION ITEM

Attachments:UCC BYLAWS (2018) - Ballot Measure Revisions FINAL.doc

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UCC BY-LAWS

TABLE OF CONTENTS

I. NAME…………………………………………………………… . 2

II. PURPOSES AND OBJECTIVES…………………………… . 2

III. MEMBERSHIP………………………………………………… . 3A. QUALIFICATION AND REQUIREMENTS…………… . 3B. TERMINATION…………………………………………… 3

IV. GOVERNING BOARD…………………………………………. 3A. POWERS ………………………………………………… 3B. COMPOSITION AND ELECTIONS……………………. 3C. MEETINGS……………………………………………….. 4D. QUORUM AND VOTING REQUIREMENTS…………. 4E. ALTERNATES…………………………………………… 4F. PRESIDING OFFICER………………………………….. 4G. RESIGNATION…………………………………………… 4H. VACANCIES………………………………………………. 4

V. OFFICERS……………………………………………………….. 5A. DESIGNATION AND SELECTION……………………… 5B. DUTIES…………………………………………………….. 5C. VACANCIES……………………………………………….. 6

VI. COMMITTEES………………………………………………….... 6A. ADVISORY COMMITTEES………………………………. 6B. COMMITTEES OF THE BOARD………………………… 6

VII. STAFF…………………………………………………………….. 6

VIII. FINANCES………………………………………………………... 7A. ANNUAL DUES……………………………………………. 7B. BUDGET……………………………………………………. 7C. INDEBTEDNESS………………………………………….. 7

D. COMPENSATION OF MEMBERS………………………. 7E. BONDS AND INSURANCE………………………………. 7F. BOOK, ACCOUNTS AND FINANCIAL REPORTS……. 7G. DISSOLUTION OF CORPORATION……………………. 7

IX. CONFLICT OF INTEREST…………………………………….. 8

X. AMENDMENTS…………………………………………………… 8

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ARTICLE I

NAME

The name of the Association shall be “URBAN COUNTIES OF CALIFORNIA.”

ARTICLE II

PURPOSES AND OBJECTIVES

The urban counties of California (UCC) have created this Association, as a non-profit corporation under the California Nonprofit Corporation Law, to advance the interests of the people who live in the urban counties of California.

To achieve this objective UCC shall:

1. Form an urban county organization and retain professional assistance for the purpose of developing proposed modifications to the organization and operation of the California State Association of Counties that will make it an effective voice forurban counties.

2. Develop a consensus among member counties on State legislative issues.

3. Articulate and advocate policy on issues of concern to urbancounty populations and governments.

4. Represent urban county interests before the State Legislature andthe Congress and also before the executive branches and administrative agencies of both state and federal governments.

5. Gather and report to urban counties information on legislative, executive and administrative actions at the state and federal levels.

6. Assist urban counties in implementing new laws and regulations.

7. Promote communication and harmony between urban counties in areas of common concern.

8. Perform related and additional functions as directed by theGoverning Board of UCC.

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ARTICLE III

MEMBERSHIP

A. QUALIFICATIONS AND REQUIREMENTS. Any county designated as “urban” by the California State Association of Counties may become a member of UCC upon written request by the County’s Board of Supervisors, approval by the UCC Board of Directors, and payment of dues. A county board of supervisors may renew membership each year by timely payment of annual dues assessed to the county by UCC, as adopted by the UCC Governing Board in the UCC budget.

B. TERMINATION. A membership shall terminate upon either of the following:

1. Resignation of the member county.

2. A determination by the Governing Board that the member’s county board of supervisors has failed or refused to make timely payment of the UCC annual dues.

ARTICLE IV

GOVERNING BOARD (BOARD OF DIRECTORS)

A. POWERS. Subject to the provisions of the California Nonprofit Corporation Law and any limitations of the Articles of Incorporation and this Constitution, the activities and affairs of UCC shall be conducted, and all of its corporatepowers shall be exercised, by or under the direction of the Governing Board. The Board may delegate the management of the activities and affairs of UCCto any person or persons, or to any committee, however composed, provided that such activities and affairs shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board.

B. COMPOSITION AND ELECTION. The Governing Board shall be composedof one elected representative from each county board of supervisorsmaintaining the membership of its supervisors in UCC. Each representativeshall be a member of the county board and shall be selected by that board at the beginning of the calendar year, pursuant to its normal rules and procedures, to serve for a term of not less than two-years to coincide with the sessions of the California Legislature.

If there is any change to the representative made by the member county during the two-year term, in order for the Governing Board to recognize the new member, the Clerk of the Board of the member county must provide official notification to UCC.

C. MEETINGS. The Board shall meet at least once annually, and at such othertimes and places as may be directed by the Chairperson. All meetings of the Board shall be conducted pursuant to the provisions of the Ralph M. Brown Act.

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Special meetings of the Governing Board may be called by the Chair if the members have been notified by e-mail, or mail of the time place and purpose of such a meeting at least three days prior to such a meeting. No business may be conducted at a special meeting except as stated in such notice.

The Governing Board shall approve the minutes of each meeting of UCC.

D. QUORUM AND VOTING REQUIREMENTS.

1) A majority of the members of the Board shall constitute a quorum of the Board. Voting shall be one vote per county. All actions of the Board shall require an affirmative vote (except as noted in 2 below) that represents a majority of the votes constituting the quorum of the member counties.

2) For ballot propositions, adoption of the UCC Budget, any changes to the UCC By-Laws, and the adoption of the UCC Priorities the vote thresholdshall be fifty percent plus one of the entire membership.

3) The fifty percent plus one of the entire membership vote threshold can be requested on any issue if at least four member counties request such action by motion or in writing.

4) The Governing Board shall not take a position on a ballot proposition unless it has been qualified for the ballot by the Secretary of State.

5) If the Governing Board has taken a position on legislation with identical provisions as those in a ballot measure during the same legislative session, no further board action is necessary, and the Governing Board’s position will carry over (or result in) a public position on the ballot measure.

E. ALTERNATES. Each Board member shall designate an alternate or alternates in writing to the Governing Board. The alternate or alternates can be an elected or appointed representative from the member county and havethe same authority as the Board member for purposes of voting.

F. PRESIDING OFFICER. The Chairperson of UCC shall serve as presidingofficer of the Board of Directors.

G. RESIGNATION. Any Governing Board member may resign, effectiveimmediately or at a later time specified by giving written notice to theGoverning Board. If the resignation is effective at a future time, a successormay be elected in advance to fill the vacancy at that time.

H. VACANCIES. A vacancy shall be deemed to exist in the Governing Board upon the death, resignation, disqualification, or removal of any member.

A vacancy created by the death, resignation or disqualification of a director shall be filled by the county board represented by the vacated position, with a member of that board.

Any director elected to fill a vacancy on the Board shall serve until the expiration of the term of the director replaced. 42

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ARTICLE V

OFFICERS

A. DESIGNATION AND SELECTION. The officers of UCC are as follows:

1. The Chairperson and Vice Chairperson, each of whom shall be a member of the Governing Board, shall be elected by the Board in the manner and for the term specified in this article.

a. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSONAt the November or December meeting the sitting chair shall appoint a nominating committee of two supervisors and two staff, reflecting the geographical diversity of UCC. The committee shall nominate at least one member of the Board for the office of Chairperson and for the office of Vice Chairperson with one person representing a Northern California county and the other representing a Southern California county. The nominations shall be presented to the Board atthe first meeting of the calendar year following the seating of each member county’s representative on the Board or as soon as practical thereafter. The persons elected by the Board shall serve for two-year terms, consistent with the sessions of the California Legislature. At the first Board meeting of the second year of the Legislative session, the Chairperson and Vice Chairperson shall rotate offices with the Vice Chairperson becoming Chairperson and the Chairperson becoming Vice Chairperson.

2. The Treasurer, who may be either a member of the Governing Board or a county employee appointed by the Chairperson with the approval of the Board.

3. The Secretary, who shall be the Executive Director of UCC, appointed by the Governing Board.

B. DUTIES

1. The Chairperson shall:

a. Preside at all meetings of the Governing Board.

b. Appoint the members of such advisory committees, task forces and other advisory groups as may be established bythe Governing Board.

c. Perform such other duties as may be authorized by theGoverning Board. 43

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2. The Vice Chairperson shall assist the Chairperson in the performance of the above duties. The Vice Chairperson shall act on behalf of the Chairperson when the latter is absent.

3. The Treasurer shall cause to be maintained adequate and correctbooks and records of accounts for UCC; shall cause all funds of UCCto be deposited and disbursed as directed by the Governing Board; shall report to the Board Committee, as requested, upon the financial condition of UCC; and shall otherwise oversee the financial affairs of UCC.

4. The Secretary shall provide for the preparation and keeping ofminutes and other records of UCC, as required by this Constitution and by the Nonprofit Corporation Law.

C. VACANCIES

1. A vacancy in the office of Chairperson, Vice Chairperson, Treasurer or Secretary, for any cause, shall be filled by the Governing Board subject to the requirements for original appointments to those offices.

ARTICLE VI

COMMITTEES

A. ADVISORY COMMITTEES. The Governing Board may establish such policyadvisory committees, standing or special, and such task forces or othergroups as it finds necessary in conducting the activities and affairs of UCC;provided, that no such committee, task force, or group shall have any authority of the Board or make any decision or take any action on behalf of UCC. The members of any such committee, task force, or group shall be appointed by the Chairperson of UCC, and may include county officials and staff persons, as well as county supervisors.

B. COMMITTEES OF THE BOARD. The Governing Board may establish one or more committees, each consisting of two or more directors, to serve at the pleasure of the Board.

ARTICLE VII

STAFF

The Governing Board shall appoint an Executive Director of UCC, to serve at the pleasure of the Board, who shall administer the activities and affairs of UCCpursuant to the directives of the Board and within the established policies and budget of UCC. The Board shall fix the compensation of the Executive Director, subject to budgetary review and approval by the Board and may prescribe any specific powers and duties for that position which are consistent with thisConstitution and applicable law. 44

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The Board may authorize the Executive Director to employ such professional andsupport staff as it finds necessary to conduct the activities and affairs of UCC, and to fix the compensation of such staff, subject to budgetary review and approval by the Board.

ARTICLE VIII

FINANCES

A. ANNUAL DUES. The Governing Board may levy annual dues and other feesupon each county board of supervisors maintaining the membership of its supervisors in UCC, and may change the amount of such dues and fees fromyear to year, as it finds necessary. Dues shall be equally apportioned among the member counties, payable on July 1 of each fiscal year.

B. BUDGET. The fiscal year shall start July 1 and end June 30 of each year.At least sixty days before the close of the UCC fiscal year, the Executive Director shall prepare a budget for the succeeding fiscal year. The budget shall be submitted to the Governing Board, which shall review, revise, if necessary, and adopt the budget.

C. INDEBTEDNESS. The Governing Board may borrow money and incurindebtedness on behalf of UCC, and may cause to be executed anddelivered for UCC purposes, in UCC’s name, promissory notes, deeds of trust, mortgages, pledges, and other evidence of debts and securities.

D. COMPENSATION OF MEMBERS. Members shall not be entitled tocompensation for services to UCC. However, to the extent authorized and budgeted by the Board of Directors, members may be reimbursed from UCCfunds for actual and necessary expenses incurred in the performance of their duties.

E. BONDS AND INSURANCE. All officers and employees of UCC who handleUCC funds shall be bonded in amounts determined by the Board. Also, UCCshall secure and maintain liability insurance for the protection of UCC and all officers, members and employees.

F. BOOKS, ACCOUNTS AND FINANCIAL REPORTS. UCC shall keep adequate and correct books and records of accounts. Within 120 days after the close of each fiscal year, the Governing Board shall secure a financial audit and report by an independent accountant or a qualified county official.

G. DISSOLUTION OF CORPORATION. UCC may, upon unanimous agreement of its Board of Directors, dissolve the Corporation. Upon dissolution, and after any and all outstanding debts have been paid, any remaining assets shall be disbursed to member counties in proportion to their contributed dues.

ARTICLE IX

CONFLICT OF INTEREST45

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The Governing Board shall annually adopt a conflict of interest policy. This policy shall be signed by each member of UCC.

ARTICLE X

AMENDMENTS

The By-Laws may be amended by the Governing Board on the affirmative votes of fifty percent plus one of the member counties.

Revised on November 17, 2010 (ARTICLE I; ARTICLE II, Section 1; ARTICLE III, Section B; ARTICLE IV, Sections B, C, D, and added Section E; ARTICLE VI, Section B; ARTICLE VIII, Section A and B; added ARTICLE IX; ARTICLE X).

Adopted and revised December 20, 1989.

Revision February 6, 1992 (ARTICLE VIII, Section G).

Amended January 23, 1997 (ARTICLE VIII, Section F).

Amended February 25, 1999 (ARTICLE V, Section A, 2.).

Amended December 1, 1999 (ARTICLE III, Section A; ARTICLE IV, Sections B and E; ARTICLE V, Sections A 1 and 2; ARTICLE IX, Section 1).

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Agenda Item No:IVE.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Items for Consideration

Subject:UCC Conflict of Interest Policy

Suggested Action:ACTION ITEM

Attachments:UCC Conflict of Interest Policy 2019.doc

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Urban Counties of California

Conflict of Interest Policy 2019

The Urban Counties of California (UCC), and its Board Members shall avoid any conflict between their own respective personal or business interests and the interests of UCC, in any and all actions, including advocacy activities, taken by them on behalf of UCC in their respective capacities.

In the event that any Board Member of UCC shall have any direct or indirect interest in, or relationship with, any individual or organization which proposes to enter into any contractual or other transaction with UCC, including but not limited to, transactions involving:

a) the sale, purchase, lease or rental of any property or other asset;

b) employment, or rendition of services, personal or otherwise;

c) the award of any grant, contract, or subcontract;

d) the investment or deposit of any funds of the Association;

such person shall give notice of such interest or relationship and shall thereafter refrain from discussing or voting on the particular transaction in which he or she has an interest, or otherwise attempting to exert any influence on UCC, or its components to affect a decision to participate or not participate in such transaction.

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Agenda Item No:VA.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: ActionAgenda Section: Election of UCC Chair and Vice-Chair

Subject:Election of UCC Chair and Vice-Chair

Suggested Action:ACTION ITEM

Attachments:UCC Memo on UCC Offi cers for 2019-20.docx

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November 8, 2018

TO: UCC Board of Directors

FROM: Jolena Voorhis, Executive Director

RE: UCC Memo on Election of UCC Officers

______________________________________________________________________________

According to the UCC By-Laws, at the November or December meeting of the final year of a legislative session the sitting chair shall appoint a nominating committee of two Supervisors. This committee shall nominate at least one member of UCC for the office of Chairperson and one for the office of Vice Chairperson with one person representing a Northern California county and the other representing a Southern California county. The nominations shall be presented to the Board at the first meeting of the calendar year in 2019. However, a vote may be taken at this meeting if there are nominations.

The persons elected by the Board shall serve for two-year terms, consistent with the sessions of the California Legislature. At the first Board meeting of the second year of the legislative session, the Chairperson and Vice Chairperson shall rotate offices with the Vice Chairperson becoming Chairperson and the Chairperson becoming Vice Chairperson.

The new Chair takes over the duties at the February 2019 meeting. The By-Laws provide that the Chair rotate from Northern California to Southern California.

Action Options for the Board:

Supervisor Groom to elect a nominating committee and to have a vote at the January 2019 meeting.

Accept nominations and vote on the Chair and Vice-Chair at the November 28, 2018meeting.

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Agenda Item No:VIA.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: Standard Informational Agenda Section: Informational Items

Subject:UCC Workplan

Suggested Action:Informational

Attachments:WorkPlan Action Log (Updated 11-8-18) FINAL.xls

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UCC Workplan 2018UPDATED - November 8, 2018

Priority Specific Issue Details Activity/Latest Final Proposal CompletedHomelessness NPLH Implementation Created NPLH Technical

Advisory Group with CSAC, RCRC, and CBHDA to work on implementation issues.

HCD released draft paper on December 16, 2016. Sent county comments. HCD released new guidelines on April 28, 2017. Submitted comments on the final program guidelines to HCD. Completed guidelines released on August 24th. First court hearing on the validation process to be held on July 23, 2018. UCC Board voted to support SB 1206 (DeLeon) to place the approval on the November ballot. NPLH NOFA for noncompetitive funds released on August 15, 2018.

The ballot measure to approve NPLH was approved by the voters. The applications are due in early January. Staff continues to work on implementation of this program.

Homelessness Homeless Funding Implementation

The 2018-19 Budget provides $350 million to various programs to address homelessness.

Monitoring the Homeless Council and HCD activity on the implementation and allocation of the funds. Notice of Funding Availability released for the Emergency Solutions Grant (SB 2 funding) and preliminary guidelines on the Homeless Emergency Aid Program.

Guidelines and NOFAs have been released. Staff continues to monitor the implementation of these funds.

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UCC Workplan 2018UPDATED - November 8, 2018

Priority Specific Issue Details Activity/Latest Final Proposal CompletedAffordable Housing

Housing package implementation

Housing package passed in 2017 included 15 bills. Working with local government coalition on the implementation of these bills.

Budget request for more funding for affordable housing from the state GF. HCD has released some guidelines on the various pieces of legislation.

X

Transportation Funding

SB 1 passed in 2017. UCC supports the preservation of this funding.

Work with Fix Our Roads Coalition on maintaining SB 1 funding.

UCC board voted to oppose the SB 1 Repeal on January 29, 2018. Part of a coalition on the SB 1 repeal.

Propostiion 6 was rejected by the voters which would have repealed SB 1.

X

Health Care Financing

ACA Repeal ACA Repeal and Replace failed in 2017.

No efforts currently; continue to monitor budget and other bills.

IHSS MOE IHSS MOE implementation

CSAC creating working groups to discuss various issues.

Sent coalition letter regarding the implementation efforts on the IHSS MOE and importance of reopener. Supported budget trailer bill to clarify wage supplement. UCC staff participating in the CSAC Working Group which has met twice.

Cannabis Regulations

Clean-Up Legislation for city/county contracting

Co-sponsor legislation to clarify that cities may contract with counties for various enforcement roles.

AB 2717 on hold due to opposition.

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UCC Workplan 2018UPDATED - November 8, 2018

Priority Specific Issue Details Activity/Latest Final Proposal CompletedRegulations Work on implementation

of regulations and any clean-up necessary for counties.

Emergency regulations were issued on November 16, 2017, and were made final on December 7, 2017. UCC provided comments on the emergency regulations. These regulations were extended for another 6 months. New regulations proposed on July 12, 2018 which added mobile delivery. UCC sent a letter of opposition to this proposed change.

Final regulations are pending at the Office of Administrative Law.

X

Public Safety Bail Reform AB 42 (Bonta) and SB 10 (Hertzberg). UCC will oppose any effort to impose new pre-trial or other service responsibility on counties without funding.

SB 10 (Hertzberg) was amended on August 17, 2018, and made significant changes to the mandates for counties. This new version would require the courts to provide pre-trial assessments with the ability to contract with counties. Signed by the Governor.

SB 10 enacted but there is a proposed referendum on this measure. Staff continues to work on implementation.

State BudgetCap and Trade Support additional funding

for the Transformative Climate Communities program and funding for organic infrastructure.

Testified at the Assembly Budget Subcommittee hearing and sent letters on TCC program.

Adopted the Cap and Trade Plan as part of the State Budget which provides $40 million for the TCC program.

X

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UCC Workplan 2018UPDATED - November 8, 2018

Priority Specific Issue Details Activity/Latest Final Proposal CompletedChild Support Support additional funding

for the underfunded counties for the child support program.

Sent budget letters. Testified at the Senate Budget hearing; Assembly hearing to be held on April 18th. Senator Pan wanted discussions to start regarding the formula and stakeholder meetings have started with meetings on April 16 and April 19th. Child Support Director's Association has developed a new budget ask spread out over 3 years and a new methodology for the program based on FTEs.

Adopted revised amount of only $3 million. Continue to work on strategy for next year.

Election Funding Support Governor's Proposal for $134 million in election funding.

Testified and sent letters at the Subcommittee hearings.

Final budget provides $134 million for election funding.

X

Homeless Funding - SB 2 Trailer Bill

Support homeless funding being provided to counties from SB 2.

Sent a letter and testified regarding some of the issues with the TBL and concerns about the methodology; but in support of the funding going to counties. HCD recently released a new proposal for the use of the funds based on the ESG.

Final budget provides that 50% of the funds will go to the ESG program and 50% to the Housing for a Healthy California.

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UCC Workplan 2018UPDATED - November 8, 2018

Priority Specific Issue Details Activity/Latest Final Proposal CompletedHomeless and Housing Funding Request

Support state General Fund for NPLH and MFH and other programs in a request for $1 billion to address the crisis.

Joined a coalition letter with CSAC.

Final budget provides $250 million for homeless funding through the CoCs, $100 million based on PIT, and $150 million to the cities.

X

Incompetent to Stand Trial

Support Governor's proposal to provide $100 million for diversion to limit the IST waiting list.

Working with the administration and county partners on a proposal for the IST program.

Final budget provides $100 million for the IST diversion program for counties.

X

340 B Proposal Governor's budget proposes to eliminate the 340 B drug rebate program. UCC is opposed.

Sent coalition letter in opposition; testified in opposition at both budget hearings. Held open but concerns raised by both houses.

Rejected the elimination of the 340 B program.

X

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Agenda Item No:VIB.

Board of Directors Meeting Agenda Item ReportMeeting Date: November 28, 2018Submitted by: Jolena VoorhisSubmitting Department: Item Type: Standard Informational Agenda Section: Informational Items

Subject:UCC Annual Report 2018 - See Separate Attachment

Suggested Action:Informational

Attachments:

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