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HomeMy WebLinkAbout0333.093-.. __ ~ ____ lilt :) ~ stafJel '4Ol t _______ -----, JUJ1e 10, 1993 TRB BOVORABLZ CITY CO~C1L Palo Alto, California Attention: Policy and Services Committee Propo'~hteria Pla» for chi14~r. Administration KeUera o:t the council = Report ill Bri.f At the Policy and Services committee meeting held on April 20, 1993, staff indicated that an interim plan would be submitted to the Policy and services CommitteE regarding the City's child care subsidy program for the fiscal year 1993-94. At that time, staff anticipated that the City Auditor's ~epo~t on Palo Alto community Child Care CPACCC) would be completed by the end of May and that the report's findings would be utilized in planning future action regarding the child care contract. The Auditor's report will not be completed until the end of June 1993. FUrthermore, PACCC has notified council that it does not wish to be funded next fiscal year. For these reasons, staff's response to the issues inherent in the child care su~sldy contract a~e not complete at this time and a long-term plan will not be p~esenteQ now. staff does have a short-term plan which will provide a continuity of subsidized child care for eligible families from July 1# 1993 until an interim plan can be reco~ended~ Japkqround As indicated in the April 20 discussion, there are t~o major issues in need of redress. One issue is the management of the City-subsi­ dized child care contract~ The second issue is ~he City's response regarding PACCC's school-age child ca~e provision at Juana Briones School (see related CMR:21S:93). CMR:~33:93 - Paqe 2 hrra1jivp KAoaq ... nt of CitY-8ubsi~ize4 Chi14 Care contract: As t",he committee. is aware, irregularities in the managelllent of the City-subsidized child care contract ~ith PACCC have been cited. PACCC withdreW' its application tor funding through the-Human Sp~ices Resource Allocation Process (HSRAP) durinq the April 29th Finance committee Budget hearing f~r Fiscal Year 1993-94. Since then, statt has discussed various alternatives for providinq these services. It would be premature, hoW'ever, to recommend is method. for disbursing these contract funds befo.ce the City Audit is complete. Alao, the co~encem~nt date of ~uly 1 (a timeline of tvc weeks) would ~a~e it difficult for ~uman services staff to recommend and implement an interim process. PriDarily for these reasons, staff r~commends that FACCC continue to manage the subsidy contract on a month-to-month ba&is l until City staff can de·/e-lop a. re.commendation for an interim procedure. Staff is confident that PACCC can manage the short-term contract in an acceptable manner. The former Executive Director has reSigned. The Interim EXecutive Director, Kathleen Sullivant is the Director of Child and Family services at Stanford university and a member ot PACCC's Board of Directorsr Ms. Sullivan is in the process of hiring a controller for the agency and has already made strides in rectifying the previously-cited problems. With regard to the administration of the subsidy contract, Ms. Sullivan has already 'Worked with PACCC staff and has implemented new certification documentation procedure~ and forms to comply with the exlstinq City contract. Additionally, Ms. Sullivan has developed a ne~ invoice format for future billings to tne City .... hich includes all data requested. in the contract. These act icons provide positive indications that the level and quality of the administrative aspects are improving. City staff, in conjunction with Ms. Sullivan, has revised the Subsidized Income Guide line Schedule to conform to State Department of Education standards. PACCC is in the process of usinq this new standard in recertifying all famil ie.s currently recei vinq city subsidies. city staff will be providing assistance during this transition period. PACCC can continue to provide this service en a month-to-month basis until a long-term re~ommendation can be developed. This action would provide for continuity of servic& for the sUbsidized families enrolled in the program during this transition. PACCC is supportive of this short-term plan. CMR:333:93 .----.---~" , 'L , I - Page j Juan. B~1on •• Cbild C&X. Center. PACCC has been notified that the City ~ill not be rene~in9 ~hat agency's LeaG~ Ag~ee~ent beyond July 1, 1993 tor school-age child care prov;_sion at Juana Briones SchooL Requesta. for Proposals (RTP's) h"IVe been sent to all licensed school-age providers in the area. The due date. fer propos-ale: is June 15 f 199.3 ~ Meetings between the various applicants and the Juana Briones Child Care Parent. COJ:UDittge are scheduled tor June ;;4, 1993. A decision reqarding the new provider will be made by July 1, 1993. Th~ State's Community Care Licensing Division requests a two-month turnaround time in opprovinq new license applications so this should allow the Stata adequate time to approve the applicant in time for a September 7, 1993 starting date~ The child care program will not operate during t.he sununer recess... but Juana Briones enrollees in need of summer ca~e have found alternative arrange­ ~ents with the able assistance of P~CCC. Language bas been added to all eleven Lease A9ree~ents with the school-age child care providers, stipulatiMg that non-ambulatory licenses from the community Care Licensing Division of the St~te Department of Social Services are ~andated. All eleven school-age child care providers either possess these special licenses or are in the process of applyinq for them. By september 1, 1993, all programs will have these licenses. Conclu.ioD. Staff's previous reco1DI'lendation for PACCC's funding for fiscal year 1993-94 (before PACCC rescinded their request) called for an annual contract in the amount of $345,500, of ~hich $270,500 ~as directed fer subsidized child care provision and $75~OOO for managing the subsidy contract. staff recommends developing a month-to-mol'lth contract with PACCC in the amount of $28,792 monthly, $22,542 for subsidy assistance, and $6,250 for administrative support, effective July 1, 1993. Should the Policy and services Committee direct staff to proceed with the extension of the contract, staff will return to Council on June 28, 1993 with a contract amendment alla~ing for the additional services~ Staff envisions that a proposed interim plan CQulo be in place by October 1, 1993~ Once the City Auditor completes his raport, staff will return to the Policy and Services CotlUllittee with various long-range options for administering the Cjtyfs child care subsidy contract. CMR:333:93 I 1 '. ..... '. t .. ...J. ;. Page 4 Respectfully Jubmitted, David. Hartin Administrator of Human Services p~ ~tr::::~ Paul TIliltgen Director ot City services (L,,~/. . c%;;-;lemi ~~ City Mana9~' Related CKR:218:93 Attachment: Policy and services Committee Minutes, April 20, 1993 CKR: 333: 93 , '. - 2. EXCERPT FROM POLICY _~1~}?_ SERVICES CO.MMI_TI-'E~_ HEmING xrsUTES OF APRIL 20, 1993 ~o Al.t.9. community Chi Id _G.are ~ J:.ssues Chairperson Simitian said the Palo 1o.1to Community Child Care (PACCC) Special Needs Licensing Issues had bezn agendized at the special request:. of Council Me~ber Fazzino, Vice Y.ayor Kniss, and himself, given conversations ~hich had cccurred at the staff level and in the community~ The neeting should serve to 1) identify staff's perception of the prol:::lems in the contract the Citr had 'Il."ith p~,ccc concerning the issue of sludents w'ith disabilities as well as other issues; 2) identify the City's policy and contract expectationsj and 3} receive C!n indication trom a pt\CCC represe.nta·­ tive concerning r~!!:edies fer the concerns~ responses. and the time line for resolution. No action would be taken during the meeting. Human Services Administrator David Martin said the city1s contract with PACCC for FY 199:2-93 .... 'at:; in the al!'ount of $363.000, which covered direct subsidy scholarships tor 10 ... · inco:::e childr€n of residents of Palo Alto and City employees and incl~ded $100,000 for administrative management of thE' subsidy. There Wlere 15 PACCC sites, nine of w'hich ",'ere ;school-agE=: progral't'.s located on elementary school sites. The two issues which ~eq'iJired atte:-,t.ion '"Tere the school-age: child care progro!:1 and ho'"", it served the cO!rLiTIunity and the use of City subsidy Illcney devoted to sch<:llc.rships. ForIT.er city Auditor George Beef:: performed an a'..J.dit in 1990 25 a result cf problems 'With P;'.CCC's accountability far subsidy mr::mel' and tldr.tinis­ tration, and .Extensi~/e discu.ssions occurred 'Odth ti".e PACCC Board, Executive Director, and office staff concerning the 12 or 13 findings found in Mr. Beck's audit. Contract language was changed to reflect findings in the audit report and was revisited in 1991- 92 to make the c-:lntr-act even more specific in certain areas. PACCC's quarter!]' report submitted to City staff L~ December 1992 did not appear to reflect the scope of services which ~as agreed to in July 1992. A meeting occurred to discuss the numbers# the subsidy program did not appear to be administered 2S envisioned, and corre.ctive a;;;;tion was requested. J.. third iss"l-le tor consider­ ation was the Juana Briones Kids' Corner (Jual1;: Brione:5) and Escondido Kids' Club (Escondido) ccncerni~g enroll~ent practices for children ~ith special needs. Child care/Youth COClrdinator Ilene H't:!,rtz said rep:ce:scntatives of the Departn;ent of Social Services (DOSS) and Corrur.ur,ity Care State Licensing (L.!censing} visited PACCC centers or. March 4, 1993 and March 10. 199J. On March 29. 1993, sh~ and Lisa Shumaker visited p&:s: '2 - Juana Briones in an I.msuccessful attempt to verify enrollment information. The folla ..... ing day, after a visit to k>ACCC, they contacted City Manager June Fleming to suggest the involvement of the City Auditor. Since the writi~g of the staff report (CMR:21S:- 93}, PACCC had obtained non-ambulatory licenses for both Juana Briones and Escondido. Juana Bri:Jnes' licens:5! capacity 'Was increased to 46 and it vas operating at capacity. Susan Mural's child remained on the waiting list. The Palo Alto Unified ~chool District (PADSD) was committed to the use of a second portable classroo~ at the Juana 8riones site for child care use until June JO, 1993, but was unable to comnlit to the use. of the secolld portable classroom fo= Fall 1993. As of Friday~ April le, 1993, PACCC continued to experience staffing and enrollme~t problems at Juana Briones. Parents had placed telephone calls complaining about the lack of staff continuity, incomplete enrollment files, and decreasing quality care at the site. The staff-to-child ratio on Friday exceeded the Title 22 licensing requirement of 1:14, which had been verified by Licensing. PACCC's enrollment at Palo Verde exceeded the licensing capacity of .26 children. PACCC had bused children to Walter Hays Kids' Corner (Walter Hays) to accommodate the overflov.r. According to Licensing t PACCC's continued overenrollment and staffing problems <3nd ho .... they managed increased capacity WO'<.lld nega-cively impact future lj_censing requests for expansion. Tn~ total number of non-a;rnbulatory children in the school-age programs ~as ten. There were two at Duveneck Kids' Corner (Duveneck), four at Juana Briones, one at Escondido, one at Ohione Kids' Corner (Ohlone), and two at walter Hays. All centers serving non-arnbulatorr children I as def ined by Licensing's definition 1 had non-ambulatory liceT"tses. The other school-age programs, including the two non-PACCC programs, were in the proces$ of obtaining non-ambulatory licenses. In terms of e~~ansion for Fall 1993, PACCC had expressed an interest in increasing capacity at both Palo Verde and Juana Briones. Palo Verde ..... as currently licensed for 26, ~i th 41 families enrolled, thus the busing to Walter Hays. Juana Briones ~as licen~ed for 46 only until June 30, 1993. If PACSD did not commit the use of the second portable for child care, the Juana Brione3' license capacity would decrease to .23. Council Member Kniss asked for total school enrollment. Ms. Hertz did not know. Mr. M~rtin commended the city staff in the Fire Marshal'& office. When the call first came in from Susan Murai, Licensing, and PACCC concerning Escondido not having a license for non-ambulatory children, there was an issue concerning ho ... the child ~ould be served the following day. Because of the very quick response from the Fire Marshal and the Child Care Coordinator's Office, the non­ ambulatory license ...... as in p) ace the following day. ]..1 though Licensing indicated the sal:1e quick response should r,ot be antici­ pated ~n the future, it haj been very supportive. In a rare move, Licensing had agreed to a special meeting .'ith all site directcrs of all PACCC programs to educate regarding all :r-equirements for licensinq. However, the issues of overenrollment, payments, and access by special needs population ~ere not as easily surmountable. 8/4/92 P&S: 3 L 1 ~ '. ~'''' , , i - council Kember Kniss asked .... ·hether anyth i ng sjgnificant had changed in the program or any other pa~tic~la~ roblerns had arisen which exacerb3ted the situa~~~n. Since PAce lad ~een in existence for a long time, either t initial procl~ s had not corne to light or something \l'as diffen .. ,t in the manner in ..... hich the program ""'as administered or ccnducted. Mr. Mdrtin said the number of scho~l site programs had increased from three to eleven. Staff had worked with parent groups and selected pro .. ~iders to ac~ot:lplish tbe increase. At nine of the eleven school sites, parents chose PACCC "Which caused PACCC to suddenly move from a pro gran serving 400-500 children to running nin~ school-age programs. There had also veen a change in leader­ ship after the new programs were implemented. PACCC did not have the administrative structure irL place in a central office to operate a program ~ith a $3 million budget, 800 children, over 100 staff, and 15 child care ~ites. When the p~oqrams first started, the contract with the PAUSD called for one classr~om at each of the 11 sites, serving 30 children. Also, the Alneri;::ans .. -lith Disabili­ ties Act (ADA) had not been implemented, so many child care programs did not have the training to deal .. 'ith special needs children. Many sites (Briones, Walter Hays, DuvenecK, and Addison) noW' had two portables serving 70 children. The administration capahility of managing the program had not increased "With the service delivery sites. council Member Kniss asked how current problems could be resolved because or the impact. City Auditor Bill Vinson said part of the his asseSSlilcnt .'ould evaluate management of PACCC, its administration, and its spending. Prior to speculation on the problems and solutions, he ::lsked indulgencE" while his staff continued their investigations. 'The findings would be reported as discovered. It was not an attempt to cover anything or not share information, but it was important that all information or evidence found in the a!.ldit be thoroughly corroborated ~ith PACCC management. The audit would be co~pleted by the end of next month. Chairperson Simitian clarified Council Member Kniss' question as determining how to obtain solutions. He understood Mr. Vinson's request not to prejudge solutions before identification of the issues and completion of the audit. A c12arer question was how to get to the solutions, e.g., the process, time line to closure, etc. Much of the staff report (CMR:218~9J) and discussions centered aro:lna one individual child but it ",'as not tr-.e real issue. There were ~roade~ issues which should be considered. The ~pecific case r'eferenced in the staff report, "While true, was actually nearly twa years old. It was important for those who had ~'aited a lengthy period of time to hear how closure or resolution to the problem would occur. Mr. Martin said the two issues ~cre long term and management. Mr. Vinson said the scope and objectives of the investigation and the audit 'Were not isolated to a single school or single case and 8/4/92 P&S: 4 L - o included evaluating controls and procedures 3t the sites and at PACCC, how the moni~s 'Were adr,linistered to the s1 te~, and how funds were collected. PACCC vas being audited in its entirety. In order to determine the solution, the problem had to be understoud~ The only vay to do so was to complete the audit. Council Member Fazzino t.t-.ought components of the audit could be clarified. Council Ke~r Kniss asked for an elaboration of ho~ the audit was different from the audit which had previously been conducted; it appeared to be a second visit to the same problem ~itb the same inherent frustration. Mr. Vinson said in many ways it was a second visit to the same problem. Many issues. identified by his predecessor 'l!light still e~ist, however, the scope of the previous work was being broadened. Concern was that many of the iss\.les enumerated in the first report .. ere not addressed. The objectives were to evaluate internaJ" controls and operating procedures at PACCC and. the child care facili ties. The scope of the audit would include reviewing the agencies con.trolling-site operations at th~ child care. sites, examination of enrollment records, docu,n-entation for children subsidi~ed by the City~ performing site visits at a majority of the sites to ensure compliance with agency requirements, gaining an understanding of respective operations, reviewing invoices presented to the City and supporting documentation, and examining the contract to ensure PP.CCC complied -wi t.h all terms stated therein. The scope of the project would be completed on M3Y 31, 1993. Chairperson Simitian asked whether the Policy and Services (P&S) Committee meeting on June 15, 1993, would allow the City Auditor's Office SUfficient time to produce the document. Mr. Vinson said the scope of the project .. ·ould be completed 0:1 May 31, 199J. The project had start~d on March 30, 1993, follo~ing the findings of the City Mandger and Mr. Martin. The work was two­ fold: 1) an investigation into the Juana Briones enroll~ent issue, and 2) a full audit of PACCC. Jl!.'r. Martin said a neW' contract w-it:n PACCC was sCheduled for enactment an July 11 1993, and pe~ding the investigation; a recommendation from the Human Relations Commission {HRC}. To ensure families received subsidized service without a gap in se2."vice, the issue should he discussed prior to the n".iddle of JI.lne. ccuncil Member Kniss asked wheth~r a bidding process was involved. Ms. Fleming clarified the con-t-.ract with PACCC did not involve a bidding process. The City had already chosen PACCC as the child care expert with the most interest in child care, and staff was unable to prejudge the results from the City Auditor'S report. If viewed in its broadest perspective~ :t:ecor:u:1endations would deal '_o'ith the issue of mandqement and how child care should be funded, etc. An interim funding decision I:',ight have tQ be made before the audit B/4/92 P&S: 5 , I , i , I report ",,·as available. From the city's perspective, tr,er1S were a number of areas in the ~cope which required specific inspection, e.g., how regulations were enforced, how enrol1n;ent W3.S enforced, how the City monitored 1 hO\l/ PACCC mordtored, .... hettler contracts .. ere appropriate or req~ired amendments, and funding issues. Council Member Fazz:ino asked for clar ificati0!"l of Mr. Martin' 5 powerful remark: that the current organj zational structure had rendered PACCC incapable of effectively dealir.g with a numbe~ of the issues wLich were before the P&S Committee. He also wanted to .k.f.~ow 'Whether the audit would. provide answers or .... 'hether staff had reccmmendations with respect to his co~~ent. Mr. Martin said Human Services staff had lost confidence in the ability of the PACCC cent~al office to ~anage the contract. Council Member Fazzino asked whether staff would have recon~enda­ tions. Mr. Martin said staff had some ideas, but until Mr. Vinson released his audit, it was not a~propriate to make reco~endations. Council Member Fazzino asked whether staff could address the issue as a partial result of the audit which needed to be completed. Mr,. Martin said yes. Council Member Fazzino confirme,d the audit needed to be completed. Ms. Fleming said the issue rested with the Human Services Division because of its closeness and relationship .... 'ith PACCC, which could not be prejudged. The audit also had to be reviewed by her o ... ·n o.t.fice. council Member Fazzino asked for clarification of the timing and the process. Chairperson Simitian clarified \rIhile the city Ma.1'lager's staff had information of its own and not..-ithstanding the City Auditor's timetable which would be developed, the City Manager's staff would look to the Cit)' Auditor for additional infonnation. There 'Would be a somewhat awkward interim period when some solution 'Would be requireQ to deal with the contract renewal before final resolution on the city Auditor's report. Ms~ Fleming said none ot the staff recommendations had been formal­ ized and were merely recommendations. Chairpel'son Simitian clarified if the recom!ller.dations had been formalized they -w-uuld have been available at the cur-rent meeting. Council Member Kniss said 'While staff had lost confidence in PACCC, there was nothing to indicate the future would ~e altered Until the remainder of the report had been cornplet~d. Mr. Hartin said that -was corr~ct. 8/4/92 P&S: 6 , i , ,. ~. I Council Member Fa.zzino asked about the nO!'l-ambul.atory pcsitions and the licensing problem, since there appeared to be a relatively lov number o! spaces across the system. Mr. Martin said the Whole non-ambulatory issue throughout the State ~:as i!'l flux since ADA implerr.entation. The question ",'as why a special license was neecad to serve a population which required to be served under ADA if space ~ere available. The larg~ controversy on the state level centered on -why people \o'c::re being granted a non­ ambulatory license for a special population ""hen every child care cen~er had to ~pen their doors to that population~ M$~ Hertz s3id there were two definitions: special needs and non­ ambulatory. NOIi-ambulatori~ C'.s defined by Licensing, referred. to a child neeeing assistanc6 in existing in an emergency~ Children yith special needs ~ere attended to by child care centers ~ithout the requirement of a non-ambulatory license. The relatively low numbers miqht reflect not being included in the definitian. Chairperson Simitian said. the stoff report (CY.R:21a:9J) mentioned an inspection at Juana BrionE:s by l,icensing \,:hich revealed overenrollment by eight children. The number ~ight be larger if the eight only referred to the finding::; af one ir,spector en one day_ Ms. Hertz that was correct. Gary Thompson, Executive Director~ Palo Alto Comr.mnity Child Care (PACCC) admitted PACCC had experien~ed problems. One attempt at resoluti~n was a policy to accept every child into its programs, regardless of gender, disability, ethnicity, or economic back­ ground. The goal was to ~rovide every child with the opportunity to reach its fullest potential, based on individual needs. PACCC planned to develop a process which began ~ith an evaluation of each individual ctlild to identify potential barriers, i . .e., policies, attit~dG, physical environment, finances, staffing, etc. Parents would be included in the process to identify res.ources o".;hich could be shared. PACCC 'W01.1.10: evaluate I,.'hich chang"2s, if 3ny, needed to be made to enable acceptance of the child. As soon as PACCC had leaz'ned about the licensing problem, it had quickly applied for all required licenses. Eight centers had the proper non-ambulatory clearance, ~ith seven additional licenses in process. The applications had been filed one month ago and took 30 to 60 days to be processed. The offer of training from Licensing 'Was very positive and ensured the same problems ",oith regulations would not occur in the future. The focus ",as to include, nc,t exclude. In addition to development of ~~~ policies, FACCC had taken steps to provide ongoing staff training. For exar,-,ple, the Juana Briones site had started a training session for orthopedically l'iandicapped (OH). The staff report also identified proble~s regarding space. PAL'SD had com.mitted to allowing a sum.'l'jer program at Juana Briones through August 30, 1993. The staffing difficulties at Juana Briones were primarily due to an oj]going~ unresol .... ed personnel issue which he was not at liberty to discuss but which had prevented PACCC from be ing able to hire permanent staff. He .bad Inet ","'ith the principal at Juana Briones regarding permanent space. 8/4/92 P&S ~ 7 r 'L ! I I r • ~ ! t , j , ~ I , ! I I I I , , I , I I i , I i - I - Each 10 1 site: administrator could det.ermine whether classroom space Ol. ether space c' ~ be uS'9d for c:hild care. ~ha original ctmtract. .... ith the Cit.y tee. PACCC 'Would move in concert for the :30 spaces for each cent· The expansjon 1 "1 to be dealt with on an individual basis~ Pa... Verde had also b< cited for ove.renrol­ Iment which, 'When identified, WB$ quickly remedied with busing to Walter Hays~ Council Member Kniss as'ir.ed • ... 'ho tracked enrollro.ent to prevent ol;erenrollment. Mr~ Thompson said enrollment w'as initiated at the center-level. The director responsible for the center acq~ired information f~om the parent population as to the enrollI::lent needs. The process started with a contract form completed by the parent to identi~y needs~ It was then channeled into the office, and it ~as relative­ ly easy for a breakdo~n to occur. He was in the proce~s of ~orkinq with the school-age center directors to pr~vie€ ~eekly updates as to enrollment so the average daily attend2nCE at each site ""ould be kno-...m. Council Member Kniss asked "w'hether er,r,ollment was determined by average daily attendance or actual enrol1~Ent per day. Mr. Thompson said enrollment was deterr.ined by actual enrollment per day which he termed average daily attendance. Council Member Kniss asked \rr,Ihat occurred ",'hen a center hit the e.nrollment nUl!'lber. Hr. Thomps,on said someone in the office saw the information before he did. Council Member Kniss asked what occurred if the center ~ere at the maximum number of children and another e.nrollment came in. Mr. Thompson said the parent ... ·ould be in!'o::-::rled the center "Was full. Council Member Kniss asked abcut childre~ being bu~ed from another school. Mr. Tho~pson said it was a problem. If the license capacity were reached, it wo~ld not be an iss~e. It w~s an issue which had been corrected by creatin9 a ~onitoring syste~. Council Me~~r Kniss asked ~hetber the control ~as in one location while the childr~n were at another. Mr. Thompson said the control was shared as to accountability. He 'Was provided information which revealed enrollment on a daily basis at each site. Mr. Vinson said if critical issues were "discovered during an audit, they would be brous~t to the attention of the auditee. One of the first findings his office had identified was the: limited cO!l'U'!lunica­ tion on a day-to-day has is concerning the nUrlher of children 8/4/92 p&s: B 'L - ------------- actually in attenda:lce. . By law, the sites were requlred to maintain attendance numbers b~t little co~unication had occurred bet~een the sites and the office. Mr. Thompson~s comments about his monitoring of the number were in response to the findings. Mr. Martin seid Mr. Beck's audit revealE'd real pl.'ob!e.rn in the subsidized progr?m. The !"Ie· ... 1991-92 contract specifically stated all sUbsidized children must be registered at the central office. e.g' •• all forms, .• :ec~rd keeping, income verifications, certifica­ tions, etc.~ and not at th€ sit~. Gail Price~ 4082 Orme street, Vice Chairperson of the Child Care Task Force, spoke on behalf of her five-year old son ... 'ho .... ould be registered at Juana Briones in the after school program. She had submitted an application five months before. HEr chil~ and other children deserved a safe, com.fortable~ and stable child care environment. There '\Were a 'Wide variety of issues related to licensinqJ apprcpriate staffing, and overenrol1ment which 'Jere problems and concerns. 'The current problems ..... ers. unaccept3.ble. Parents expected the city and PllCCC to reach full und€rstanding and agreement about the situation. viable car~ alternatives needed quic);: resolution. The comr:runity was \lilling to work 'With the City to resolve the issue. Jeanette Marquess, 4187 Hubbartt Drive, President of the PACCC Boa~d of Directors, expressed the Board's deep concern and disappointment in the issues ..... hich surfaced in the City's staff report. The Board .... as committed to investi~ating arid resolving the issues and being able to provide quality child care progranls for every child in Palo Alto regardless of the child's ability or disability, programe which met State licensing requirements, and the best staff available. Susan Murai, 724 colorado Avenue. said in Septemter 1992, Licensing had informed PACCC it needed non-ambulatory licenses but PACCC had chosen l10t to obtain the licenses. On Febr'..lary 13, 19"92~ at a I!1eeting of the Special 'Keeds Child Ca:'"e Committee ",'hich the District put together, Mr. Thorr.pson in1icated he had spoken with Licensing 'Which agreed PACCC could take 50 to 60 percent disabilIty children under its current licensing. Although she had registered her child in Juana Briones, she .... as uncomfortable with the situation because one of the staff members was uncomfortable with disabled children and had not received training. She had dealt \lith the situation for ~S months. and it .. ·~S discrimin3tion at its 'Worst. Trina Lovercheck, 1070 McGre~or Way, had been involved ~ith issue since 1992. She had attended the PAUSD Special Needs Task Force to address the issue of after school child care for disabled children. As a member ot the Task Force. the Human Relations commission (HRe), and as an individual. she was concerned the issue had gone en that long 'Without resolution. Discussions h·')d occurred at the ~eetings on staff training, licensing issues~ and lack of available space. In the minutes of the February 13, 1992, meeting, Mr .. Thompson saio ne had checked 'With LicenSing ar.d said no special licenses were needed. HE'rlry Page of P}\.USD spoke about pro'liding B/4/92 P&S: 9 ~.' ~ .. -.­ I ! , - . -~- traininq for staff I ard. a t.ime line for implement:.acion indicated SepteLlbe::-::'992 when the children could be im:luded in the centers. The Special Needs Child C:?':"e Committee addressed the problen. of ",·a.itinq lists and aqreec ~n April 1992 to giving pt'iority to orthopedica~ly hane.icappc'-':. {OH) students by putting them at the top of the list. Everyone believed the issues ~ere moving forward in a timely -:t\anner. In May, Ms. Murai tried to enroll her child for September 1992 and was told the center ~as full. In ~anuary 1993, a !-etter \I,ent to the PACCC Board, reiteratin'3' the -request for fO'.lr slots at the top of the .... 'aiting list. The PACCC Board did not a?pear to have addressed the issue. She was concerned \lith s<::)Itl.e of Mr. Thompson's statements about ~golng" to make centers available for all children, "going" to make sure staff '\Jas trained, etc., because that should ha .... e already been done long before. She .... as extre!lJely disappointed in the PACCC process :because the issues should have been previously addressed. Reginia Abdul-Mateen, Director of Escondido Kid's Club r 19€ Jasmine Way, East Palo Alto, agreed with Mr. Martin and appreciated the City's expe:diency and support with the Fire MarshaL There was anoth@r issue concerning the directors of the centers who Were trying to maintain sanity and provide lnfo~ation to the Auditor, 'While continuing to run the programs under serious pres$ure. Cl€a~ance was given by the Fi~e Marshal because everything else was in order~ She had sent an application for licensing but the paperwo=k had been lost. She had been visited by Julie :Erickson and John Shay, who reissuec her license, because sbe had not read the fine prir!t to knoW' )cindergartners ""ere not allowed and was not found at fault. There vere discrepancies in ne~spaper accounts, e.g., she was never cited for overenrcll:ment. walter Hays and DuvenecK had both applied for non-ambulatory status in 1989. There were good center directors under a lot of pressure. Dealings ~itb the children $hould be fair and just. If a person did not ""ant to deal 'With a spec:ial needs child, the)' should change professions because it was something which had to come from the heart. Stephanie Johnson, 448 Fernando Avenue, .... as on the Advisory B·::,ard at Juana Briones and was also a parent~ As of March 4, ~993, the parent cOmIDil.r.ity had a iro'orj.;:able, quality program for the children. On March S, ~993, the situation began to steadily deteriorate. She ~as concerned with lack of concern from the central office, the telephone calls about the lack of staff, and children in unsafe situations, e.g~, a child playing with a hot plate. Her own chila climbed 50 feet into a tree before anyone knew he ~as there. His needs had been met and considereo, and sta.ff had always shown I'wch concern. As a parent, she ~as fed up and had lost confidence in PACCC's ability to administer and manage the program. Tanya Swezey-Gleason, Quality Chair of PACCC and Director of College Terrace Children's center, 2317 St. Frances, co~~anded the Human services Division and Child Care Coordinator for looking into the problems. Many PACCC centers were top quality c-sntef'S that served :many happy families. College Terrace did not have a non­ ambulatory license yet, but the needs of special needs children ~~re met as much as possible at the centers. Her center had many special needs children, although not non-arnbl.llatory. T-here were 8/4/92 p&s: 10 • I ,...J 1 .. _- • ....J '.:-"'.,.,.",.,r-.' :-:',f ~.---,------~ ------~--..-........ -~---. - some wonderful centers and pro!essior,als in the child care cODmlunity~ .Jo Lesser, Director of Walter H~ys l<itj':; Club, 1265 Lane A ..... enue, said there ~ere very good centers in PACCC. Since 1989, she had non-ambulatory licenses for two children. 00,,= child, \lith muscular dystrophy, had since gone to Jane Lathrop Stanford School (JALS), and the other had spinal hifida. Part of the program integrated the children into everything at the center. She encouraged the City to h3ve faith in the ability of the center. They needed Council's help. The city would ~~ke recommendations concerning how to restructure the cent't"al office and PACCC Board to better serve the enurnerable centers. Mr. Thompson's job was a ~ulti-person job and he haa taken PACCC a long way. PACCC should be directed to hire two or three persons to do his job in orde~ to maintain the level of child care and quality sought~ Americans vith Disabilities Act (ADA) Director Dianah ]oIeft said all City contracts ~ere in the process of being revised to include the statement of cornpliance with ADA. 'l'he City's self-evaluaticm precess had examined ~hether services were accessible or not. The licensing issue had beEn missed in the process. The City had a policy regarding accessibility and adherence to AOA standards. Council Member Fazzino clarified City staff had made the evalua­ t.ion. Mr. Martin said staff had submitted a lengt!lY questionnaire to all HUman Service contractors. The questionnaire had been received from all contractors, including PACCC. The earlier statement concerning unawarene&s of ADA flew in the face of what had been submitted to all agencies. council Memb~r Fazzino said page 4 of the staff report {CMR!21S:S3} indicated PACCC's action in denying access to Ms. Murai at Juana Briones violate6: the spirit of ".DA, and he asked ..... 'nether 'there "'Were other violations of ADA which hac not been enumerated in the staff report. Ms~ ~eff ~a$ una~are of any_ It was important to understand the ADA did not require creation of a slot which was not already avail­ able nor modification of a program into something for which it was not originally intended. The issue was whether Ms. Murai was put on the list and served~ Mr 4 Thompson' 5 statement ~as that the program was designed to serve all children as a qualification and ~hether that occurred was not an ADA issue. council Member Kniss asked how staffing requirements changed when there were children witb different needs j how it was handled at the centra 1 level, and hOT"" the site responded. Ms. Hertz said when the site requested a non-ambulatory license frou Licensing, it indicated on the licens~ ho~ many non-ambulatcrv children it ..... anted to serve. It \.,las then up to the discretion of the licensor. St.affing requirements ,",'ere dictated by square footage. Serving non-ambulatory children ...... as not dictated by 8/4/92 P&S: 11 I .., ..... .•.. ' ...•. I .. " .. ' ~'1' '. '---' . . .' . --. -,~. . '. . " - square footage but ~as a matter of whethet the appropriate staff was ava.ilable to accommodate the !"lumber of nan-ambulatory children the center wanted t-o serve. council Member Kniss asked tor a deiir.ition of "licensor .... Ms~ Hertz said a licensor was either community Care State Licensing or S~ial Services community Care Division. council Member Kniss asked \;Ihet.her the site or the licenser controlled~ Ms. Hertz said t-he licensor controlled. Chairperson Simitian clarified the local applicant controlled the request. Ms. Hertz said that was correct, Mr. Hartin said all forms hz.d to be signe-d by the Executive Director of the agency. Chairperson Simitian said the local agency or applicant ... ·as PACCC. The Licensing agency, after application, indicated ~hether it was willin~ to alloY the number of non-ambulatory spots. Ms. Hertz said that was correct. Hr. Martin said attendance, not stafiing~ -was based on square footage~ staffing ratios were based on attendance. The biggest parameter 'Was 35 square feet per child indoors~ and the school-age child ratio was one staff person per It children {!~14). 1t would be possible to serve 14 non-ambulatory children. Chairperson Kniss asked tIO'", a particular site adjusted staffing needs. NO:1-arnbulatory could be a varied clientele, ana one child could require almost full-time care wl1ile a~other child migr.t require very little care. It so· .. mded judgment-oriented rather than State-oriented. The State appeared to dictate the staffing ratio and pattern~ Mr. Martin said that was correct. It did not matter whether or not the children were non-ambulatory or had special needs, The Executive Director's role was to ensure staff ~as trained to de~l with the population being served. cour.cll Member Kniss cO!lllllunication resulted actually was pravided. believed some from some of difficulties and lacK of the expectations and what M~. Martin said it went into the parameters of quality~ council Member Kniss -3.id judgment issues could be viewed in different lights. 8/4/92 P&S, 12 - "'. Chairperson Simitian believed there ~ere three different issues: 1) 'Ihe State fonnula lo7hich 'Was numerically driven; 2) The ADA concerning e~ual access; and 3) Council Member Kniss~ appro~ch that every ctlild was a unique human being .... ith different needs. The question ~as how the three approaches related to one another. Mr. Martin said Licensing Title 22 of the Health and Saf~ty code vas not a quality baro~eter but rather dictated minimum require­ ments. council Kember Kniss said since Palo Alto was a community accus­ tomed to quality, focused on it ~ore. council Member Fazzino asked .. hat fOtaff'5 expectations were 'With respect to resolutiou of the issues raised by Ms. Lovercheck in the rpport regarding ~ice:lsin9, staff training, accoll'Jnodation, and enrollment and what occurred if those issues were net resolve~. Mr~ Martin s3id until the results from the Auditor's report were i5.vailahle, a response could not be provided. '!he issues ""hich could be considered, although premature, were: 1) the city's responsibility for management and oversigl"tt fer the schcol-age child care programs, and 2) ho...., subsidy funds should be managed. Council Member Fazzino confir~ed the issues would not be evaluated within the cente~t of the proposed contract until the audit was available in June 1993. Chairperson Simitian believed an interim accommodation could be found ",'hi le looking for a permanent solution to the four issues of licen9ing, staff training~ accomm06aticn, and e.nrollment, Although staff was unable to pro .... ide information on either the interim or permanent solutio~, he asked whether the timetable for recommenda­ tions after the audit 'Was revealed was consistent with staff's timing for permanent Soc·lutions. Ms. Fleming said after receipt of the Auditor's report, staff -",'ould lOeet to propose an interim schedule or :t:ecomrnendation prior to returning to the P£S Committee. The issues had to be addressed, however, it ""ould pr-obably not be a permanent plan. Chairperson Simitian clarified the interim plan was necessary because it was impoGsihle to wait for a permanent plan. He asked whether staff would provide some greater degree of specificity at the June 15, ~993, P&:S Cotrmittee n;eeting. Even though the permanent plan would reqUire tim~ fer staff after receipt of the Auditor's findings. Ms. Fleming replied yes, even if the information were provided orally. Chairperson Simitian said on~ method for the P&S Committee to bring som.e accountability to the process, not only for city staff and PACCC tlut fer Council .... as to retllrn the iter.', on agenda for the meeting on June 15, 1993. 8/4/92 P&S: 13 - MSa Fle~ing agreed. council MeQber Fazzino cla~iiied the four iS$u~s of concern ~ere: 1) licensing, 2) staff training, J) accommodation, ar.d 4) enroll­ ment~ chairperson Simitian clarified accommodation ~eant the ability to pro;ride equal access to students with disabilities. He believed it would help make the issue clearer if council provided a statement of expectations in te.tms of the permanent solution. There ""as value in putting on the record that the City co~ld not ~e p~rty to a contract which did not provide adequate staff training, permitted overenrollment, allowed licensing violations~ and did not provide equal access to children with disabilities. Council Member Fazzino said the Finance Comrnit~ee ~ould address the issue of the contract at its May 1993 Dleeting. Chairperson Simitian said the P&S committee gave a clear message that all four i$su~s were a matter of some seriousness and could not accept 3 long-term contract with an 3ge~cy ~ith the kinds of proble~s revealed in the staff report. coun.cil Member Fazzino said another i1:1portent aspect · .. ·as the. sensitive personnel issue which was inappropriat.e for the P&S Com1t1ittee invclveUlent. Due process began ... ·ith PACCC. There vas an appropriate time tor City staft to step in to address the personnel issue; there ~ight not be an appropriate time for Council to become involved. It Was important to let PACCC have the opportunity to rcanage its pErsonnel issues appropr iatel:f. Council Member :Kniss sai~ the pro"blems expressed by consurr.ers .... ere also important~ She hoped the problems could be resolved. The school population .... as gro .... ing rapidly. Ms. Fleming agreed 'I,lith Council Me!!1ber Kniss. .,.ther, the tine ca.me for Council to :make a hard decision en tt.e recommenoJ,tior:E, staff 'Would not :be shy about providing rccomme:r.dations. Chairperson Simitian agreed with ':o"l.lncil Member Kniss that the issue needad to be brought to successful closure. He also agreed with Council Member Fazzino" s personnel issue, but no one should be allowed to hide behind the personnel issues to avoid coming to grips with the policy implications in the contract. The City had a le9al ohligation which had to be pursued. An issue which .... ·as not addressed in the staff report were the three different players: the City, PAUSO, and PACCC. Policy issues should suggest ways to look at other multi-party relationships ~ith local gavern~ents and private providers to avoid repetition of the situation. People who asserted their Lights under the law were not the source of the problem. A number of people commented on the good work of PACCC, and the goal lias to solve the problems .... hile preserving the good 'Work. 8/4/92 p&os: 14