Alameda County supervisors pause Measure C emergency childcare grants after threatened lawsuit

Alameda County supervisors said March 18 they will not release Measure C emergency stabilization grants immediately after 1st 5 warned a threatened lawsuit could delay implementation, and they asked staff and 1st 5 to prepare so funds can move quickly if the five-year plan is adopted.

A 1st 5 representative told the board the emergency stabilization fund was developed through community advisory input, provider and family surveys, and legal review, but cautioned that “Litigation could take months or even years to resolve.” The representative said 1st 5 plans to seek commission approval of the five-year plan on June 5 and that a rolling application process could start to move funds out “in a matter of weeks and months” after adoption.

Child-care providers who testified during the meeting urged faster action. “We are in dire need,” said Shruti Agarwal, a Livermore provider. Lisa Zirodny, a family child care provider in Livermore, said the delay risks providers’ businesses and described the legal challenge as an attack on children’s rights. Several other providers echoed that immediate funding is necessary to keep doors open.

Supervisor Fortunato Bath, the board’s liaison to the 1st 5 commission, said the pause was taken specifically because of a threatened legal challenge by the Alameda County Taxpayers Association. “It is explicitly because of another threat of litigation by the Alameda County Taxpayers Association,” he said, and stressed the board’s desire to move “expeditiously after June 10” so funds can be distributed without further legal complications.

Supervisor Miley pressed 1st 5 on whether application processes could be started before the commission’s June meeting; the 1st 5 representative said an application portal has been designed and could accept advance entries so distribution can proceed quickly once funding is appropriated. The county administrator said no immediate county cash source was apparent to front the grants, and suggested 1st 5 explore city, philanthropic or other partners.

The board made no formal funding decisions at the meeting. The chair said several items were continued because of time constraints; Item A1 (federal/state/county budget update) was continued to the board’s March 25 meeting and Item B2 (status report on Measure W) was set for a specific time on April 1. The board reported no reportable actions from the closed session that followed the discussion.

Supporters and 1st 5 commissioners told supervisors they have invested years in planning Measure C and warned that delays will push providers to close. The board directed staff and 1st 5 to continue building implementation capacity, to brief supervisors in advance of the June hearings, and to return ready to act quickly if legal risk subsides or the five-year plan is approved.

The board adjourned after scheduling follow-up items; no vote on grant disbursement was taken at the March 18 special meeting.