HomeMy WebLinkAboutMINUTES - 04052011 - C.87RECOMMENDATION(S):
1. ACCEPT the 2010 Annual Report of the Internal Operations Committee of the Board of Supervisors.
2. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the IOC
in a timely and professional manner, and members of the Contra Costa community and private industry who, through
their interest in improving the quality of life in Contra Costa County, provided valuable insight into our discussions,
and feedback that helped us to formulate our policy recommendations.
3. REMOVE without taking any further action the referrals to the 2010 IOC listed on Attachment A.
4. REFER to the 2011 IOC the items listed on Attachment B.
FISCAL IMPACT:
No impact.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/05/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Timothy Ewell, (925)
335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: April 5, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.87
To:Board of Supervisors
From:Internal Operations Committee
Date:April 5, 2011
Contra
Costa
County
Subject:FINAL YEAR-END REPORT ON ACCOMPLISHMENTS AND DISPOSITION OF REMAINING REFERRALS TO THE
INTERNAL OPERATIONS COMMITTEE
BACKGROUND:
During 2010, the Internal Operations Committee (IOC) reviewed nominations to those advisory bodies for which the
IOC has traditionally made recommendations to the Board of Supervisors for appointment or reappointment –
primarily at large seats or seats on committees whose composition requirements must be monitored. Our Committee
appreciates the time and effort taken by the staff to these advisory bodies to recruit, screen, and nominate individuals
to our Committee for approval and appointment by the Board. Their efforts in this regard allowed the IOC to focus
more of its time on the following subjects:
1. Small Business Enterprise (SBE) and Outreach Programs. The IOC reviewed the 2009 annual and semi-annual
(July – December) SBE and Outreach reports. The 2009 Annual Report was not accepted and staff was directed to
refer the annual report to the Auditor-Controller for suggestion on how best to aggregate program data for future use.
The 2009 Semi-Annual report was accepted; however, the IOC directed staff to return with recommendations
regarding a potential audit/cost evaluation of the Outreach program, including whether to outsource the program or
keep it in-house. We recommend that the 2011 IOC continue to review these programs on an annual basis and
consider recommendations of staff on the concerns that we have outlined. REFER
2. County Audit Program. In 2000, the Board of Supervisors directed that the IOC review each December the annual
schedule of audits and best practices studies proposed by the County Administrator and the Auditor-Controller. Due
to the exigent need to complete the County’s Comprehensive Annual Financial Report by the prescribed deadline, the
IOC agreed to change, henceforth, the Auditor-Controller’s annual audit plan deadline to February. As the review of
the annual audit plan is a standing referral, we recommend that this item be retained and referred to the 2011 IOC. REFER
REFER
3. Annual Vehicle Replacement List/Low Mileage Vehicles . Each year, the General Services Department (GSD)
Fleet Services Manager has analyzed the fleet and annual vehicle usage and made recommendations to the IOC on
the budget year vehicle replacements and on the intra-County transfer of underutilized vehicles, in accordance with
County policy. The County Administrator’s Office has used that information to develop the annual vehicle
replacement list that, since 2003/04, has been used as a planning tool during budget deliberations. In FY 2008/09, the
Board approved the establishment of an Internal Services Fund (ISF) for the County Fleet, to be administered by
GSD. The Board continued the referral to IOC to review annually the GSD report on the fleet and on low-mileage
vehicles.
In November 2010, GSD presented the 2009/10 Fleet ISF Annual Report, which included recommendations for the
disposition of 102 low-mileage vehicles, 62 vehicles determined exempt and 40 available for reassignment. The IOC
accepted the annual report. The Fleet Services Division of the General Services Department continues to monitor
vehicle use to optimize new vehicle acquisition and better utilize existing vehicle assets consistent with department
needs and requirements. It is recommended that this matter remain on referral to the 2011 IOC for continued
monitoring. REFER
4. Local Vendor Preference Program. On August 10, 2004, the Board of Supervisors referred to IOC the creation of a
policy to grant a five percent preference to Contra Costa County vendors on all sealed bids or proposals except with
respect to those contracts which state law requires to be granted to the lowest bidder, and review of an ordinance to be
drafted by County Counsel to enact this policy. The 2005 IOC proposed a new ordinance to the Board that would
grant a five percent preference to self-certified local vendors for purchases in excess of $25,000. This ordinance was
introduced on August 9 and adopted on September 13, 2005.
In November 2010, the IOC received a status report on this program and is satisfied that the program is meeting its
original objectives. The primary objective is to direct more County business to local vendors in order to support local
businesses and stimulate the local economy. In 2009/10, the program directed more than $2.9 million to the local
economy that would have potentially been spent outside of Contra Costa County. Additionally, it was noted that
there has been an increase in the percentage amount of competitive bids awarded to local vendors in relation to the
total amount of transactions meeting the ordinance criteria for each year since program inception. Our Committee
accepted the report with the following recommended enhancements for future years:
o Add the total accumulation of County-wide purchasing;
o Add graphs depicting quantity and description of products;
o Clarify next report by including totals of local business, total bids, total in preference program and total
accumulated County-wide purchasing; and,
o Highlight benefits to local business, economy and the County
We recommend continuing this referral to the 2011 IOC. REFER
5. Advisory Body Recruitments. On December 12, 2000, the Board of Supervisors approved a policy on the process
for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all
vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct
interviews of applicants for At Large seats on the Contra Costa County Fire Protection District's Fire Advisory
Commission, the County Planning Commission and the Board appointees to the County Employees' Retirement
Board. On March 1, 2011, the Board included the East Contra Costa Fire Protection District Board of Directors to the
list of appointive bodies for which the IOC conducts personal interviews. We recommend that this matter be referred
to the 2011 IOC. REFER
6. Coordination of Municipal Services. On August 2, 2006, the Board of Supervisors requested the County
Administrator’s Office (CAO) to work with the County’s municipal services departments to identify opportunities for
service improvements and to report any findings to the IOC. The departments identified three areas for concentration:
responding to public inquiries and information requests; improving public outreach and access to services; and
increasing interdepartmental coordination. The IOC received status reports from the CAO and the departments in
August and December 2006, July and November 2007, August and December 2008, and October 2009, reviewing
accomplishments to date and efforts still underway. The 2009 IOC requested the Conservation & Development
Department to provide a follow-up report on stop-work orders in March 2010. Due to the 2010 IOC schedule, we did
not take this item up in 2010. We recommend, therefore, that this matter be referred to the 2011 IOC. REFER
7. Human Resources Recruitment Process. On May 8, 2007, the Board of Supervisors directed the Human Resources
Director to report to the IOC on the County’s personnel recruitment process. The referral was predicated on a
recommendation from Supervisor Bonilla, who acknowledged a recurring issue raised by departments during
discussions about their programs, workload, and budget. Several departments reported independently that operational
symptoms such as high staff workloads, reduced work quality, reduced responsiveness, low staff morale, increased
use and cost of overtime, and increased use of contract and temporary staff, relate, in part, to an inability to acquire
permanent staff when needed. In order to facilitate a better understanding of the time it takes to acquire needed staff
resources, the Human Resources Director in 2007 presented to our Committee an informative overview of governing
regulations, types of recruitment processes, pre-recruitment, recruitment steps, best case scenario recruitment and
timetable, and recruitment process enhancements. We also were presented workload data and staffing ratio
comparisons with comparable counties. The Board received a condensed version of this presentation at its December
18, 2007 meeting. We had asked the Human Resources Department to report back to our committee once it has
completed its update of the Personnel Management Regulations, which is anticipated to help streamline the position
adjustment process. However, due to the transition of Human Resources management staff, this referral was not
completed and the Human Resources Director requested, and the 2009 IOC granted, an extension to February 2010
for a follow-up report. The IOC accepted a follow-up report from the Human Resources Director in February 2010. It
is recommended that this item be referred to the 2011 IOC for continued monitoring. REFER
8. Review of the Health Services Department Environmental Health Program. In January 2008, the Board of
Supervisors referred to the Internal Operations Committee a review of Health Services Department (HSD)
Environmental Health Program standards and policies in order to promote a better understanding of the regulations,
and inspection and follow-up processes, and to identify opportunities, if any, to streamline those processes.
The IOC discussed this matter over several meetings in 2008 and 2009 to permit the Environmental Health Division
to meet individually with local businesses to flesh out and resolve issues, and to carry out Committee requests and
directives. In February 2009, the HSD briefed the Board of Supervisors on actions taken by the Environmental
Health Division to improve customer service and to improve consistency in inspection and follow-up processes. HSD
reported back to the IOC in August 2009, and the IOC requested the department to make a follow-up report on code
enforcement on farm produce stands and restaurants. In April 2010, the IOC accepted the follow-up report from staff.
It is recommended that this referral be discontinued. REMOVE
9. Review of the Health Services Department Hazardous Materials Program. In January 2008, the Board of
Supervisors referred to the Internal Operations Committee a review of Health Services Department Hazardous
Materials Program in order to gain a better understanding of the Program’s mission and operations. On July 7, 2008,
the Health Services Department provided a report to the IOC on the myriad County hazardous materials programs
and associated regulatory responsibilities. Supplementing the report was a summary and evaluation of Hazardous
Materials Ombudsman activities from November 2006 to the present. On October 13, 2008, the Department presented
a follow-up report to the IOC on enforcement procedures, the unannounced inspection program, and the identification
of Supplemental Environmental Projects (SEPs). Our Committee reported out to the Board of Supervisors on October
28, 2008 with a recommendation for a follow-up report from the Health Services Department to the Committee in
2009. HSD made a follow-up report to the IOC in August 2009 and the Committee requested another follow-up
report regarding fine collection, Brownfield sites, and prosecution of hazardous materials violations. Due to the 2010
IOC schedule, this item was not taken up in 2010. We recommend, therefore, that this matter be referred to the 2011
IOC. REFER
10. Feral Cats. During the public comment period at the July 22, 2008 Board of Supervisors meeting, the Board
received the testimony of Julie Linford regarding her concerns about a growing and reproducing cat colony
surrounding the Martinez Animal Shelter. Ms. Linford provided an Issue Paper on behalf of Outcast Cat Help, a
Martinez nonprofit corporation. The Board referred the matter to the Internal Operations Committee (IOC) for
follow-up.
In September 2008, the IOC received a report from the County Administrator and Animal Services Director
providing background on the issue and responding specifically to Ms. Linford’s proposal to establish a feral cat
colony at the Martinez Animal Shelter and implement a trap-neuter-release (TNR) program around the Shelter. The
Committee accepted the staff report and concurred with staff’s response to the community proposal. The Committee
requested the Animal Services Director to set up a work group with community members to review the County's
animal and/or zoning ordinances and explore possible amendments to ease restrictions on the fostering of cats within
the county unincorporated area, and report progress back to the IOC. The Animal Services Director made two status
reports to the IOC, in July and October 2009, and the IOC concluded that changes to the County’s ordinance were not
warranted. In February 2010, the IOC had further discussion on this issue and directed staff to submit a closeout
report to the Board of Supervisors. On March 23, 2010, the Board accepted the close-out report on this issue as
recommended by our Committee. REMOVE
11. Update of the County’s Emergency Operations Plan. On February 24, 2009, the Board of Supervisors referred to
the Internal Operations Committee the review and update of the County’s Emergency Operations Plan, last updated
by the Emergency Services Policy Board in January 2006. The Office of the Sheriff reported to the IOC in July 2009.
The IOC recommended that staff review the plan quarterly and provide the Board of Supervisors members more
frequent updates. The Plan should be updated at least annually and the Office of the Sheriff should make the
documents accessible by the public. The Plan update was scheduled to be considered by the Emergency Services
Policy Board in December 2009, after which time the IOC requested a follow up report. The IOC did not take this
item up in 2010 and recommends referral to the 2011 IOC. REFER
12. Special Revenue Funds Administered by Board of Supervisors Members. On December 9, 2008, following a
discussion about a proposal to allocate Dougherty Valley Regional Enhancement funds to provide industrial
education and vocational training to West County youths, the Board of Supervisors referred to the IOC a review of
how special revenue or “trust” funds are expended by the County and the possible development of a policy regarding
the expenditure of such funds. Staff compiled information on selected special revenues administered by the Board of
Supervisors and drafted a policy that defined various types of special revenues and how new special revenues would
be administered in the future. In 2009, this matter was discussed in June, July, and September at IOC and at two
meetings of the Finance Committee while on dual referral. On December 15, 2009, the Board of Supervisors
approved a similar policy proposed by Supervisors Piepho and Bonilla. Since that time no additional discussion
regarding this policy has taken place. We recommend that this issue be removed from the 2011 IOC referral list. REMOVE
REMOVE
13. Review of the $50,000 Threshold in the Small Business Enterprise (SBE) Program. The Board referred this
matter to the IOC on September 15, 2009. In November 2010, the IOC adopted staff recommendations to raise SBE
Program thresholds as outlined below:
(1) Increase certain SBR Program Thresholds as follow:
• Purchasing Transactions – from $50,000 to $100,000
• Service Contracts – from $50,000 to $100,000
• Construction Contracts – from $25,000 to $100,000
(2) Grant a 5% bid preference for SBE bidders on County construction contracts and grant a 5% bid preference to
bidders who meet participation goals for SBE subcontractors.
(3) Adopt a pre-award, two-step appeal procedure for all services contracts exceeding $100,000. Appeals would be
first to the Department Head and then to the County Administrator. The procedure would require pre-award notice to
service providers of the appeal procedure and the intended contract award.
(4) Establish a policy for review of the SBE Program threshold once every two years.
The above changes require amendment of the SBE Program text and the Outreach Program text. Staff is working on a
Board Order transmitting the IOC recommendations outlined above to the Board of Supervisors for final approval. At
the time that these recommendations were made, staff was directed by IOC to return six months after Board approval
for an update. We recommend that item remain on referral to the 2011 IOC for continued monitoring. REFER
14. Policy on Sunset Dates for Board Advisory Bodies. The Sunset Review Process was adopted by the Board of
Supervisors on November 3, 2009 as part of the final report of the “Triennial Review of County Advisory Bodies”
(Item C.67). The Board, at the same time directed staff, to notify and provide training to staff of each advisory body
to ensure adherence to the new policy. The first Sunset Review Process report was scheduled for the December 2010
IOC meeting, but had to be postponed due to the Committee’s schedule. This is a standing referral and therefore
should be referred to the 2011 IOC. REFER
15. Review of Procedures Governing Employee Involvement in Contracts with Prospective Employers. On
December 15, 2009 (Item C.101), the Board of Supervisors referred this issue to the IOC and directed the County
Administrator to work with County Counsel to develop policies and procedures governing employee involvement in
contracts with prospective employers. This referral was not taken up by the 2010 IOC, therefore we recommend that
it be referred to the 2011 IOC. REFER
16. Review of Privacy Practices of the Auditor-Controller. On July 13, 2010 (Item C.159), the Board of Supervisors
referred this issue to the IOC. The 2010 IOC was not able to schedule this item, therefore we recommend that is be
referred to the 2011 IOC. REFER
17. Consider Sun-setting the Countywide Youth Commission. On April 13, 2010, the Board of Supervisors referred
to the IOC a recommendation by the Director of U.C. Extension to sunset the Countywide Youth Commission. On
April 19, 2010 the IOC reviewed and approved the recommendation and directed staff to bring the issue back to the
Board of Supervisors. On May 25, 2010, the Board approved the IOC recommendation to sunset the Countywide
Youth Commission and close this referral. REMOVE
18. Mental Health Commission request to review Local 1 Survey regarding Mental Health Division Administration.
On March 23, 2010, the Board of Supervisors referred the review of a survey conducted by Local One in November
2009 to the IOC. The survey was sent to 189 employees of the Health Services Department Mental Health Division
and 132 responses were received. This survey – An Evaluation of Contra Costa County’s Mental Health Senior Staff
and the Mental Health Administration’s Policies and Procedures - indicated significant issues with morale,
confidence in the management staff, and seemed to indicate a growing belief among line staff that management was
“out of touch” with concerns of employees. In a letter dated January 26, 2010 addressed to William Walker, M.D.,
Director of the Health Services Department, Professional & Technical Engineers, Local 21 raised concerns with the
survey, its objectivity and the methodologies used to conduct the survey. On February 11, 2010, the Mental Health
Commission discussed the survey and the response to by Local 21. At the end of this discussion a motion was made
and passed to ask that the Board of Supervisors refer the matter to the IOC for a thorough review.
The IOC discussed this issue during the May and November 2010 meetings. Specifically, the IOC heard
presentations from the Health Services Department and County Administrator’s Office regarding implementation of a
new Cultural Confidence Plan, implementation of two Mental Health Integration Projects, and deployment of several
training projects within the Mental Health Division. At the November 2010 meeting, the IOC requested staff return
with a comprehensive update using quantitative performance measures to help illustrate program changes. Since this
follow-up report has not been received by the IOC, we recommend referral to the 2011 IOC. REFER
19. Mental Health Commission request to review use of County Facilities by private, invitation only groups (Child
and Adolescent Task Force). On April 13, 2010, the Board of Supervisors referred a review of the use of certain
county facilities for private, invitation only advisory groups. On March 18, 2010 the Mental Health Commission
(MHC) submitted requests to the members of the Internal Operations Committee to review practices of the Health
Services Department (HSD) surrounding the use and receipt of input from two groups - the Child and Adolescent
Task Force (CATF), a group of private citizens who advocate for children's mental health services, and the
Consolidated Planning Advisory Workgroup (CPAW), a workgroup required by the Mental Health Services Act
(Proposition 63) designed to provide stakeholder input to the Mental Health Division. It was noted that the issue being
referred to the IOC would potentially impact other departments and appointive bodies within the county. The MHC
also raised concerns about private stakeholder/community groups providing direct commentary on service delivery
issues with Mental Health Division administrators.
On May 10, 2010, the IOC accepted a report from the HSD on this topic and directed the department to utilize
stakeholder groups, individuals, community organizations and other interested parties when implementing, revising,
planning, or operating programs for services. In addition, the HSD was directed to clarify the role of staff in relation
to community groups, encourage cooperation between the Child and Adolescent Task Force and the MHC. The HSD
was also directed to consult an outside facilitator to assist in resolving issues with the goal of creating a more
cooperative environment between all parties. We recommend that this item be removed from the list of referrals for
the 2011 IOC. REMOVE
20. Mental Health Commission request to review Employee Participation on County Advisory Groups (CPAW). On
April 13, 2010 the Board referred a request by the Mental Health Commission to review employee participation on
County Advisory Groups to the IOC. This request was initiated by concerns over employee participation on the
Consolidated Planning Advisory Committee (CPAW) within the Health Services Department (HSD). On May 10,
2010, the IOC accepted a report from HSD and directed the department to develop guidelines on the conflicts of
interest, gather information on how other counties have organized Mental Health Services Act (MHSA) stakeholder
groups, and report back the IOC. On November 22, 2010, the County Administrator’s Office (CAO) reported back to
the IOC on this issue. Specifically, the CAO reported that the CPAW had initiated changes in how membership was
tracked. The IOC asked staff for an update on this issue to monitor changes underway. We recommend that this item
be referred to the 2011 IOC. REFER
21. Report on Current Composition of the Mental Health Commission. In November 2010, IOC received a report on
the composition and structure of the Mental Health Commission in relation to the Welfare and Institutions Code,
determined the committee composition is in compliance with the Welfare Institutions Code requirement and
recommended no changes to the structure. We recommend that this matter be removed from the 2011 IOC referral
list. REMOVE
22. Review and approval of proposed changes to the Mental Health Commission By-Laws. The Mental Health
Commission (MHC) determined that current bylaws were in need of review and possible revisions. A sub-committee
of the MHC was created to review and make recommendations to the full MHC. The sub-committee
recommendations were reviewed by County Counsel who advised on areas that were outside the County norm and
provided recommendations for further changes. On June 22, 2010, the Board of Supervisors approved a
recommendation to refer a review of the proposed by-law changes to the IOC prior to being submitted to the Board
for approval.
On December 6, 2010 the Internal Operations Committee reviewed the proposed revisions in detail. Staff highlighted
each major change in the by-laws and indicated points of concern that had been raised by the public, County
Counsel, or the County Administrator's office. Public comment was provided. The Internal Operations Committee
requested changes to the bylaws for clarification and streamlining purposes. The revised by-laws were approved by
the Board of Supervisors on January 25, 2011. We recommend that this referral be removed from the 2011 IOC
referral list. REMOVE
23. Aviation Advisory Committee (AAC) By-Laws. In August 2010, the IOC accepted a report proposing changes to
the AAC by-Laws. On September 14, 2010, the Board of Supervisors approved the amended by-laws as
recommended by the IOC. We recommend that this referral be removed from the 2011 IOC referral list. REMOVE
24. Integrated Pest Management Advisory Committee Membership/By-Laws. In November 2010, the IOC discussed
a recommendation from the Integrated Pest Management Advisory Committee to add two additional At-Large public
seats. The IOC concurred with the recommendation and directed staff to propose the changes to the Board of
Supervisors. On November 23, 2010, the Board approved the amended by-laws including the addition of two
At-Large seats. We recommend that this referral by removed from the 2011 IOC referral list. REMOVE
25. Process for Allocation of Propagation Funds by the Fish and Wildlife Committee. On November 22, 2010, the
IOC received a status report from Department of Conservation and Development regarding the allocation of
propagation funds by the Fish and Wildlife Committee. The IOC accepted the report and the recommended
modifications to improve the grant process in the future. The modifications include (1) Update the Fish and Wildlife
Committee’s Conflict of Interest Code, and; (2) Recommend to the Board of Supervisors that the Fish and Wildlife
Committee provide grant recommendations to the Internal Operations Committee, for an additional round of review,
before grant recommendations are considered by the full Board. The Board of Supervisors has not yet received a
recommendation to make the changes recommended by the IOC. We recommend that this item stay on referral to the
2011 IOC to monitor this issue. REFER
ATTACHMENT A
LIST OF REFERRALS TO BE REMOVED
• Review of the Health Services Department Environmental Health Program
• Feral Cats
• Review revisions to the Airport Aviation Committee By-Laws
• Review revisions to the Mental Health Commission By-Laws
• Review revisions to the Integrated Pest Management Advisory Committee By-Laws
• Review composition of the Mental Health Commission
• Review recommendation to sunset the Countywide Youth Commission
• Policy on Special Revenues administered by the Board of Supervisors
• Mental Health Commission request to review use of County Facilities by private, invitation only groups (Child and
Adolescent Task Force).
ATTACHMENT B
LIST OF ITEMS TO BE REFERRED TO THE
2011 INTERNAL OPERATIONS COMMITTEE
Standing Referrals
• Continued policy oversight and quarterly monitoring of the Small Business Enterprise and Outreach programs, and
e-Outreach
• Review of the annual audit schedule
• Review of annual Master Vehicle Replacement List and disposition of low-use vehicles
• Local Vendor Preference Program
• Advisory Body Recruitments
• Annual Sunset Review Process
Non-Standing Referrals
• Coordination of municipal services
• Review of the Health Services Department Hazardous Materials Program as it relates to the Environmental Health
Program
• Update of the Emergency Operations Plan
• Review of the $50,000 Threshold in the Small Business Enterprise (SBE) Program
• Review of Procedures Governing Employee Involvement in Contracts with Prospective Employers
• Review of Privacy Practices of the Auditor-Controller
• Review of Local One Survey regarding Mental Health Administration
• Mental Health Commission request to review Employee Participation on County Advisory Groups (CPAW)
• Review of Process for allocation of funds by the Fish and Wildlife Committee
• Review of Human Resources Recruiting Process
CONSEQUENCE OF NEGATIVE ACTION:
The report will not be accepted by the Board of Supervisors. The Internal Operations Committee will not have clear
direction on the disposition of prior year referrals for discussion in calendar year 2011.
CHILDREN'S IMPACT STATEMENT:
No impact.