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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.