Law Offices of Jason A. Bezis
3661-B Mosswood Drive Lafayette, CA 94549-3509 (925) 708-7073 Jason@BezisLaw.com
VIA E-MAIL ONLY
February 25, 2025
Alameda County Board of Supervisors
c/o Clerk of the Board CBS@acgov.org; Anika.Campbell-Belton@acgov.org
Re: Opposition to Approval of the Children’s Health and Child Care Initiative for Alameda County (Measure C) Emergency Stabilization Fund
Agenda Item No. 40 – February 25, 2025 Board of Supervisors Meeting
To Board President David Haubert and Supervisors:
This office represents the Alameda County Taxpayers’ Association (ACTA). ACTA asks that your Board not approve the “Measure C Emergency Stabilization Fund,” not authorize an initial appropriation for the Emergency Stabilization Fund from the Measure C Child Care, Preschool, and Early Education Account in the amount of $165,827,520, and not authorize the Auditor-Controller to release Measure C Child Care, Preschool, and Early Education Account revenues to First 5 Alameda County Administering Agency for the Measure C Children’s Health and Child Care Initiative, at this time, for the following reasons.
The initial appropriation of $165,827,520 to First 5 Alameda County would be illegal under the terms of the Measure C ordinance. Alameda County Ordinance Code Section 2.08.306.A states in part, “The Administering Agency, in collaboration with the Council, shall develop the Child Care, Preschool, and Early Education Program Plan and Budget ("Plan"), including an annual budget, on a five-year cycle to govern the use of funds allocated to the Child Care, Preschool, and Early Education account. … The Plan shall be approved by First 5 Alameda County Commission, if First Five Alameda County is the Administering Agency, and the Board of Supervisors. The Board of Supervisors shall appropriate funds necessary to carry out the Plan budget on an annual basis.” The First 5 Alameda County Commission has not yet developed or approved the Plan, “including an annual budget, on a five-year cycle to govern the use of funds.” Your Board has not yet approved the Plan. Therefore, your Board cannot appropriate funds today.
The “Proposed 15% Administrative Fee” charged by First 5 exorbitantly high.
Your Board is on notice that Code of Civil Procedure section 526a permits Measure C taxpayers to sue individual government officials for money damages when those government officials engage in illegal expenditure of public funds. Your Board and all other government officials need to act reasonably in accordance with law.
Respectfully submitted,
/s/ Jason A. Bezis
JASON A. BEZIS, Attorney for ACTA