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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson
Dept: City AdministratcQ i~ " .... . . ./ ; L
Date: October 30, 2002
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino in opposition to Proposition
49, a State Initiative relating to Before
and After School Programs.
MICC Meeting Date: 11/04/02
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt Resolution.
~wm
Contact person:
Fred Wilson
Phone:
5122
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
None
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
Agenda Item No. Jj...
II).., ID~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to
Proposition 49, a State Initiative relating to Before and After School Programs.
Background:
The State currently funds competitive grants for the Before and After School Learning and Safe
Neighborhoods Partnership Program for pupils in public elementary, middle and junior high
schools. In 2001-02, $95.3 million was spent with a local match required. The State also
provides other opportunities for instruction beyond the regular school year, for which another
$475 million was spent with no match required. In addition, the State and Federal government
provide a total of $215 million for several programs before and after school (after school care,
mentor programs, crime prevention, and college outreach).
Proposition 49 requires a specific spending level each year for the renamed After School
Education and Safety Program, beginning in FY 2004/2005. The annual amount would be $550
million, based on the Legislative Analyst's estimates on growth in General Fund spending. The
measure specifies that funding for the program would be appropriated automatically each year
without further legislative action, and could not be amended by the Legislature.
Funding for the Before and After School Programs will be above the Proposition 98 base
funding. Additional per year costs are expected to reach the automatically appropriated $550
million in 2004/2005, which is approximately $455 million above the program funding level in
2002/2003.
Proposition 49 would guarantee annual funding for Before and After School Programs. The
annual appropriation for the program would fall outside of the budget process, even in tough
economic times when it might utilize funding that is critically needed for public safety, health
care, environmental protection, and other children's programs. In this way, Proposition 49
disregards principles of good government by eannarking funds, which reduces government's
flexibility .
Financial Impact:
Beginning in 2004/2005, Proposition 49 requires a specific spending level each year. The annual
amount would be $550 million, based on the Legislative Analyst's estimates on growth in State
General Fund spending.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO IN OPPOSITION TO PROPOSITION 49, A STATE
INITIATIVE RELATING TO BEFORE AND AFTER SCHOOL PROGRAMS.
Whereas, the State currently funds competitive grants (totaling $95.3 million in FY
2001/2002) for the Before and After School Learning and Safe Neighborhoods Partnership
prograrn for students in public elementary, middle, and junior high schools; and
Whereas, the State provides other opportunities for instruction beyond the regular
school year, which costs an additional $475 million annually; and
Whereas, the State and Federal government provide an additional $215 million
annually for several before and after school programs; and
Whereas, Proposition 49 proposes a required specific spending level each year for the
renamed After School Education and Safety Program, and specifies that funding for the
program would be appropriated automatically each year without further legislative action, and
could not be amended by further legislative action; and
Whereas, such a guaranteed annual appropriation would fall outside of the budget
process, and may utilize funding that is critically needed for other important programs, such as
public safety, health care, environmental protection, and/or other children's programs; and
Whereas, the earmarking of funds precludes the exercise of discretion in making
important funding decisions.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Common Council of
the City of San Bernardino oppose the passage of Proposition 49, a State Initiative relating to
Before and After School Programs - on the November 5, 2002 statewide ballot.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO IN OPPOSITION TO PROPOSITION 49, A STATE
INITIATIVE RELATING TO BEFORE AND AFTER SCHOOL PROGRAMS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2002, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
ESTRADA
LIEN
MC GINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
California Official Voter Information Guide
Page I of4
Vote America '* Secretary of State Home * Elections Home * Feedback *' Find Your Polling Place
CALIFORNIA
* OFFICIAL VOTER *
INFORMATION GUIDE
GENERAl ELECTION DATI
Tuesday, November 5, 2002
PROPOSITIONS . (Ao..J.DIDATES ... POLITICAL PARTIES .. VOTER INFORr-1ATION ... HO"jE
.
CAlIfORNIA
SECRETARY
OF STATE
PROP
49
Before and After School Programs.
State Grants. Initiative Statute.
PROP 46
PROP 47
TEXT OF PROPOSED LAW
PROP 48
This initiative measure is submitted to the people In accordance with the provisions of Section
8 of Article II of the California Constitution.
This Initiative measure amends and adds sections to the Education Code; therefore, existing
provisions proposed to be deleted are printed In !tl ihe!tlt trj /!Ie and new provisions proposed to be
added are printed In Italic type to Indicate that they are new.
::. PROP 49
Official Title and Summary
Analysis
PROPOSED LAW
Arguments and Rebuttals
... Text of Proposed Law
AFTER SCHOOL EDUCATION AND
SAFETY PROGRAM ACT OF 2002
PROP 50
SECTION 1. This act shall be known, and may be cited, as the "After School Education and
Safety Program Act of 2002."
SEC. 2. The people find and declare all of the following:
(a) Studies by law enforcement and nonprofit organizations show that the after school hours
between 3 p.m. and 6 p.m. on school days are the peak hours for children to become victims of
violent crimes or to commit violent crimes themselves. The after school hours are also the peak
hours for drug and alcohol use and car accidents Involving children.
(b) Research shows after school programs have a major positive impact on society by making
our streets safer, and reducing risk taking behavior such as alcohol, tobacco and drug use by
teenagers.
(c) Studies by the University of California Los Angeles and the University of California Irvine of
existing after school programs in California show the after school programs have a major positive
Impact on the education of our children by increasing school attendance, reducing suspensions,
and improving standardized test scores.
(d) After school programs save taxpayer money by reducing crime, reducing health costs
associated with drug and alcohol use, cutting grade repetition, and reducing the need for remedial
education.
(e) After school programs help working families by providing their children a safe,
educationally enriching place to go after school when there is no parent at home.
(f) School buildings, playgrounds, and other school facilities are a huge taxpayer investment,
and they can and should be better utilized during before and after school hours, especially for
after school programs for California's chHdren.
(g) The After School Learning and Safe Neighborhoods Partnerships Program has successfully
provided incentive grants for after school and nonschoolday programs that have proven to
increase academic performance and to improve behavior of children, especially children at risk.
(h) Only a small portion of elementary and middle schools in California currently operate an
after school program. With approximately 50 percent of California's children having either a single
working parent, or two parents who both work, after school programs have become a necessity,
not a luxury.
(i) Although new funding of after school programs is extremely important, revenues
guaranteed by law for our public school system pursuant to Proposition 98 should first be fully
appropriated and therefore not be used to increase the funding of these after school programs.
The new funding for after school programs will therefore be funded above the legally required
educational funding.
(j) And because there are essential, noneducation state programs that need continued
funding, Increasing funding for these after school programs should occur only after substantial
growth In state revenues not guaranteed for education purposes.
SEe. 3. Therefore the people enact the After School Education and Safety Program Act to
encourage schools and school districts to use school facilities and other appropriate locations to
provide a safe and educationally enriching place for children in grades K through 9 to be when
they are not in school and to accomplish the following specific purposes:
(a) To rename the After School Learning and Safe Neighborhoods Partnerships Program the
After School Education and Safety Program (AS ESP), but not to change Its program operations
PROP 51
PROP 52
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under existing law and to continue to require a 50 percent match of local funding.
(b) To expand ASESP funding to a level sufficient to:
(1) First, fund all existing before and after school and nonschoolday grants.
(2) Second, make available universal after school incentive grants to every public (including
charter) elementary, middle, and junior high school In California making an acceptable application.
(3) Third, Increase funding for before and after school programs beyond current
appropriations when more state revenue Is available.
(e) To give priority for increased state funding to schools with predominately low-income
students from funds available once every eligible school has the opportunity to receive an initial
universal after school grant.
(d) To add computer training, fine arts, and physical fitness programs to the
educational/literacy and enrichment/recreational components of existing law.
(e) To solicit local law enforcement input in program development.
(f) To fund the expansion of state grants to schools for this program only out of growth in
state revenues, instead of new taxes, and only after state revenues that are otherwise legally
guaranteed to fund education programs have already been fully appropriated.
(g) To appropriate four hundred sixty-five million dollars ($465,000,000) for new program
expenditures above the existing statutory appropriation of eighty-five million dollars
($85,000,000) for a total of five hundred fifty million dollars ($550,000,000), much of which will
be offset from savings expected from reduced costs in crime and education.
(h) To make sure this new four hundred sixty-five million dollar ($465,000,000) appropriation
is not an undue burden on other state programs, to provide a trigger to increase the eighty-five
million dollar ($85,000,000) appropriation In the 2004-05 fiscal year or later when and only If
state revenues have grown sufficiently over the highest of the 2000-01, 2001-02, 2002-03, or
2003-04 fiscal years to provide more than one billion five hundred million dollars
($1,500,000,000) in new appropriations not guaranteed for education purposes.
(i) To ensure each school gets the highest quality program possible, provide 11/2 percent of
the appropriation for the program for technical assistance and program evaluation.
SEe. 4. The heading of Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of
the Education Code is amended to read:
Article 22.5. Befele aFla .'.Rel Sehaal be81f1iFl{!ll81l~ Safe. t1ei~fibBJfi6Ba!3 P8ItJ.el!JI.it33 PJ~~16m.
After School Education and Safety Program
SEe. 5. Section 8482 of the Education Code is amended to read:
8482. There Is hereby established the After School Education and Safety Program. All
references to It by Its prior name, the Before and After School Learning and Safe Neighborhoods
Partnerships Program, In this article and other state law shall now Identify it by Its new name. The
purpose of this program is to create incentives for establishing locally driven before and after
school enrichment programs both during schooldays and summer, Intersesslon, or vacation days
that partner public schools and communities to provide academic and literacy support and safe,
constructive alternatives for youth. The term public school includes charter schools.
SEe. 6. Section 8482.3 of the Education Code is amended to read:
8482.3. (a) The BeJele 8f1l!t .'\fteJ Sf!I>LBalleaJflifl~ 8f1d Safe rlei~I.BI.:lIluwl!t3 P6ItJ.eIJI.i~J
PI ~~161.. After School Education and Safety Program shall be established to serve pupils In
kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high,
and charter 3dltlal!3ite3 schools.
(b) A program may operate a before school component of a program, an after school
component, or both the before and after school components of a program, on one or multiple
!!heel!it!!1 sites. If a program operates at multiple setLeelsltes sites, only one application shall be
required for Its establishment.
(c) Each component of a program established pursuant to this article shall consist of the
following two components:
(1) An educational and literacy component whereby tutoring or homework assistance is
provided in one or more of the following areas: language arts, mathematics, history and social
science, computer training, or science.
(2) A component whereby educational enrichment, which may include, but need not be limited
to, fine arts, recreation, physical fitness, and prevention activities, Is provided.
(d) Applicants for programs established pursuant to this article may Include any of the
following:
(1) A local education agency, Including a charter school.
(2) A city, county, or nonprofit organization In partnership with, and with the approval of, a
local education agency or agencies.
(e) Applicants for grants pursuant to this article shall ensure that each of the following
requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to operate a program on that
!e"'u~I.3lt.c. site or 21~1.5~13Itc.~ sites.
(2) The application has been approved by the school district and the principal of each
aet-l6el.~ite participating school for each schoolslte or other site.
(3) Each partner in the application agrees to share responsibility for the quality of the
program.
(4) The application designates the public agency or local education agency partner to act as
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the fiscal agent. For purposes of this section, "public agency" means only a county board of
supervisors or, where the city Is Incorporated or has a charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing standards required by the State
Department of Education.
SEC. 7. Section 8482.5 of the Education Code Is amended to read:
8482.5. (aJ Priority for funding programs established pursuant to this article, except those
established pursuant to subdivision (c) of Section 8482.55, shall be given to schools where a
minimum of 50 percent of the pupils In elementary schools and SO percent of the pupils In middle
and junior high schools are eligible for free or reduced-cost meals through the school lunch
program of the United States Department of Agriculture.
(b) Every program established pursuant to this article shall be planned through a collaborative
process that Includes parents, youth, and representatives of participating 3dl6al2llte~ public
schools, governmental agencies, such as city and county parks and recreation departments, local
law enforcement, community organizations, and the private sector.
SEC. 8. Section 8482.55 Is added to the Education Code, to read:
8482.55. (a) To accomplish the purposes of the After School Education and Safety Program,
commencing with the fiscal year beginning July 1, 2004, and for each fiscal year thereafter, all
grants made pursuant to this article shall be awarded as set forth in this section.
(b) Grants made to public schools pursuant to this article for the 2003-04 fiscal year shall
continue to be funded in each subsequent fiscal year at the 2003-04 fiscal year level before any
other grants are funded under this article, provided such schools continue to make application for
such grants and are otherwise qualified pursuant to this article. Receipt of a grant at the 2003-04
fiscal year level made pursuant to this subdivision shall not affect a school's eligibility for
additional grant funding as permitted in subdivisions (c) and (d) up to the maximum grants
permitted in Sections 8483.7 and 8483.75.
(c) Every public elementary, middle, and junior high school in the state shall be eligible to
receive a three year renewable Incentive grant for after school programs to be operated during the
regular school year, as provided in subparagraph (A) of paragraph (1) of subdivision (a) of Section
8483.7. Except as provided in this subdivision, grants for after school programs made pursuant to
this subdivision shall be subject to all other sections of this article. Grants for after school
programs made pursuant to this subdivision shall not exceed fifty thousand dollars ($50,000) for
each regular school year for each elementary school or seventy-five thousand dollars ($75,000)
for each regular school year for each middle or junior high school. Notwithstanding subdivision (a)
of Section 8482.5 and except as provided in subdivision (f), every public elementary, middle, and
junior high school in the state shall have equal priority of funding for grants for after school
programs made pursuant to this subdivision. Receipt of a grant for an after school program made
pursuant to this subdivision shall not affect a school's eligibility for additional grant funding as
permitted in subdivision (d) up to the maximum grants permitted in Sections 8483.7 and 8483.75.
Grants made pursuant to this subdivision shall be funded after grants made pursuant to
subdivision (b) and before any grants made pursuant to subdivision (d). Grants made pursuant to
this subdivision shall be referred to as "After School Education and Safety Universal Grants. N
(d) All funds remaining from the appropriation provided in Section 8483.5 after award of
grants pursuant to subdivisions (b) and (c) shall be distributed pursuant to Sections 8483.7 and
8483.75. Grants for programs made pursuant to this subdivision shall be subject to all other
sections of this article. Priority for grants for programs made pursuant to this subdivision shall be
established pursuant to subdivision (a) of Section 8482.5 and Section 8483.3.
(e) No school shall receive grants in excess of the amounts provided in Sections 8483.7 and
8483.75.
(f) In the event that in any fiscal year the appropriation made pursuant to Section 8483.5
shall be insufficient to fund all eligible schools who make application for After School Education
and Safety Universal Grants pursuant to subdivision (c), priority for After School Education and
Safety Universal Grants shall be established pursuant to subdivision (a) of Section 8482.5 and
5ection 8483.3.
SEC. 9. Section 8483.2515 added to the Education Code, to read:
8483.25. The State Department of Education shall provide notice to all schools eligible for
grants under this article of the availability of such grants as well as the process for making
application.
SEC. 10. Section 8483.5 of the Education Code Is amended to read:
8483.5. (a) It Is the Intent of the Legislature that a minimum of eighty-five million dollars
($85,000,000) be approprIated for the program established pursuant to this article, through the
annual Budget Act. Of the funds appropriated for the program, current grant recipients have
priority for receiving continued funding for the same purposes for which they previously received
an award. This subdivision shall be In effect only until June 30, 2004.
(b) Commencing with the fiscal year beginning July 1, 2004, and for each fiscal year
thereafter, there shall be continuously appropriated to the State Department of Education from
the General Fund for the program established pursuant to this article an amount not to exceed five
hundred fifty million dollars ($550,000,000) that is the greater of (1) an amount equal to the
appropriation from the General Fund for the program established pursuant to this article for the
immediately preceding fiscal year, or (2) an amount equal to the sum of (A) the appropriation
from the General Fund for the program established pursuant to this article for fiscal year 2003-04
and (8) the amount by which the state's nonguaranteed General Fund appropriations for the
current fiscal year exceed the sum of 0) the amount of the state's non-guaranteed General Fund
appropriations for the base year plus (Ii) one billion five hundred million dollars ($1,500,000,000).
Nothing in this section prohibits the Legislature from appropriating funds for the program
established pursuant to this article in excess of this continuous appropriation.
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(e) For purposes of this section, the term "state's non-guaranteed General Fund
appropriations" shall mean those General Fund appropriations of the state in a fiscal year other
than those appropriations guaranteed to be applied by the state for the support of school districts
and community college districts pursuant to Sections 8 and 8.5 of Article XVI of the California
Constitution. For purposes of this section, the "base year" is the fiscal year during the period July
I, 2000 through June 3D, 2004 for which the state's non-guaranteed General Fund appropriations
are the highest as compared to any other fiscal year during such period.
(d) Notwithstanding subdivision (b), In any fiscal year in which the Legislature has legal
authority pursuant to paragraph (3) of subdivision (b) of Section 8 of Article XVI of the California
Constitution to reduce the moneys applied by the state for the support of school districts and
community college districts for the current fiscal year as compared to the moneys applied by the
state for the support of school districts and community colleges during the immediately preceding
fiscal year, the continuous appropriation pursuant to subdivision (b) shall be reduced for that fiscal
year by the same percentage by which the moneys applied by the state for the support of school
districts and community college districts In the current fiscal year is less than the moneys applied
by the state for the support of school districts and community college districts during the
immediately preceding fiscal year.
(e) All funds expended pursuant to this article shall be used only for the purposes expressed
in this article. Except for funds expended pursuant to subdivision (b) of Section 8482.55, all funds
expended pursuant to this article shall be used to supplement and not supplant existing levels of
service.
SEC. 11. Section 8483.55 Is added to the Education Code, to read:
8483.55. From the funds appropriated pursuant to subdivision (b) of Section 8483.5, the State
Department of Education may spend 11/2 percent to cover evaluation costs and to provide
training and support to ensure quality program implementation, development, and sustainability
and may pay its costs of awarding and monitoring grants.
SEe. 12. Section 8483.6 is added to the Education Code, to read:
8483.6. Notwithstanding subdivision (f) of Section 41202, in any fiscal year commencing with
the fiscal year beginning July 1, 2004, that portion of any continuous appropriation made by
Section 8483.5 for the program established pursuant to this article which is in excess of the
amount appropriated for the program established pursuant to this article for the immediately
preceding fiscal year shall not be appropriated until the Legislature has appropriated sums
sufficient to fully fund the requirements of Sections 8 and 8.5 of Article XVI of the California
Constitution for that year and shall be appropriated in addition to the sums required by, and shall
not be considered towards fulfilling the funding requirements of, Sections 8 and 8.5 of Article XVI
of the California Constitution for that fiscal year.
SEC. 13. Section 8484.6 of the Education Code is amended to read:
8484.6. (a) Programs established pursuant to this article may be conducted upon the grounds
of a community park eP, recreational al!! If ~I.! I!allt 31 leel~6tial.al 61 fa ia 6~6efl.t t5 t1.e
!J!h8!I!lI~e facility, or other site as approved by the State Department of Education In the grant
application process. Offsite programs shall align the educational and literacy component of the
program with participating pupils' regular school programs. No program located off school grounds
shall be approved unless safe transportation is provided to the pupils enrolled in the program. Any
reference to schoolsite as a physical location in this article shall mean schoolsite or other site as
provided by this section.
(b) An offslte program conducted pursuant to this section shall comply with all statutory and
regulatory requirements that are applicable to similar programs conducted on the schoolslte.
SEC. 14. Except for Sections 8482.55, 8483.5, and 8483.6 of the Education Code, the After
School Education and Safety Program Act of 2002 may be amended to further its purpose by
statute, passed In each house by a majority vote of the membership concurring and signed by the
Governor. Section 8482.55 of the Education Code may be amended to further the purpose of the
After School Education and Safety Program Act of 2002 by statute, passed In each house by a
two-thirds vote of the membership concurring and signed by the Governor. Sections 8483.5 and
8483.6 of the Education Code may not be amended by the legislature.
SEC. 15. The provisions of this act are severable. If any provision of this act or Its application
is held Invalid, that Invalidity shall not affect other provisions or applications that can be given
effect without the Invalid provision or application.
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