COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

February 19, 2003

BOARD MEETING DATE:

February 25, 2003

TO:

Honorable Board of Supervisors

FROM:

John Maltbie, County Manager

SUBJECT:

AB 51 (Simitian)-General Plans and Child Care

Recommendation

Adopt a resolution in support of AB 51 (Simitian) regarding the inclusion of a child care element to local general plans.

Background

This bill would require, upon the adoption or amendment of a city or county's general plan, on or after January 1, 2005, the land use element of the general plan to address the distribution of certain child care facilities. By increasing the duties of local officials, this bill would impose a state-mandated local program.

Assemblymember Simitian authored AB 2954 in the 2001-2002 Legislative Session. AB 51 is very similar to AB 2954, which was vetoed by the Governor. According to the Assembly Floor analysis, AB 2954 would not have created an entirely new mandatory element for cities and counties to incorporate into any adoption or revision of their general plans. Rather, it would have called on cities and counties to consider and incorporate the distribution of child care facilities within current mandatory land use elements. Doing so would have allowed child care to be considered in a fashion similar with housing, business, industry, open space, education, public buildings, waste disposal facilities, and other categories at an early enough stage of land use planning to allow for sensible, planned growth of this necessary resource, with full public input in the process.

AB 51 has been referred to the Assembly Committee on Local Government, of which Assemblymember Mullin is a member.

Discussion

The County supported AB 2954 (2002, Simitian) regarding this issue. AB 2954 was vetoed by the Governor last year due to the reimbursable mandate element of the bill. As a result AB 51 has language declaring the ability of local governments to levy service charges and fees to recover the costs to provide such services.

The Planning and Building Division recommends that the County support this legislation. Since the need for child care facilities in the County is large, amendments to General Plans and zoning regulations to require, allow, and/or encourage the development of child care facilities is imperative.

According to the Child Care Needs Assessment 1999-2000, produced by the Child Care Coordinating Council of San Mateo County, 102,575 children less than 14 years of age, require some form of child care. Yet, only 26,000 formal childcare spaces are available. Thus, there is a shortfall of 76,575 spaces or 75 percent of the need.

The Housing Element Task Force, which is currently updating the County's Housing Element, recently voted to include policies dealing with child care into the new Housing Element that will be going to the Planning Commission and Board of Supervisors next year. The Task Force will recommend that: (1) environmental impact reports for 10 units or more assess the need for child care facilities, (2) development agreements are considered between developers and child care providers in all large residential development projects, and (3) zoning regulations are revised to provide incentives such a density bonuses if child care facilities are provided in new developments.

The bill sponsor is the Child Care Coordinating Council directed by Jan Stokely, a prominent child care advocate in San Mateo County.

The Board's Legislative Committee recommends support for AB 51 (Simitian).

Vision Alignment

Support of AB 51 (Simitian) helps the county provide equal access to educational opportunity and work toward Goal #3-All children, ages 0-5 years, have access to childcare/early learning opportunities that contribute to their entering kindergarten ready to succeed.

Fiscal Impact

Unknown, but staff time and resources would be required to include a child care element into the County's General Plan.