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C. 92
To: Board of Supervisors
From: INTERNAL OPERATIONS COMMITTEE
Date: December  19, 2017
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: 2017 YEAR-END REPORT ON INTERNAL OPERATIONS COMMITTEE REFERRALS AND THEIR DISPOSITION

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/19/2017
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Julie DiMaggio Enea (925) 335-1077
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:     December  19, 2017
,
 
BY: , Deputy

 

RECOMMENDATION(S):

      
  1. ACCEPT the 2017 Annual Report of the Internal Operations Committee of the Board of Supervisors.

  2.   

  3. 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.





RECOMMENDATION(S): (CONT'D)
      
  1. REMOVE without taking any further action the referrals listed under Exhibit A.
  2.   
  3. REFER to the 2018 IOC the items listed under Exhibit B.

FISCAL IMPACT:

None.

BACKGROUND:

During 2017, the Internal Operations Committee (IOC) received 13 referrals from the Board of Supervisors, made 17 reports to the Board, interviewed 15 candidates and made recommendations to fill 14 seats for certain advisory bodies whose composition requirements must be monitored. Our Committee appreciates the time and effort taken by the staff to the Board’s 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 accepted two reports from the Purchasing Services Manager, together covering the period July through June 2017, and reported out to the Board of Supervisors on April 25 and October 17, 2017. No changes to the SBE and Outreach Programs were recommended. This is a standing referral.   
REFER   
  
2. County Financial Audit Program. Since 2000, the IOC reviews, each February, the annual schedule of audits and best practices studies proposed by the Auditor-Controller. The Auditor-Controller’s Office presented a report of their 2016 audits and the proposed 2017 Audit Schedule to the IOC on February 13, 2017. This is a standing referral.   
REFER  
  
3. Annual Report on Fleet Internal Service Fund and Disposition of Low Mileage Vehicles. Each year, the Public Works Department Fleet 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. In FY 2008/09, following the establishment of an Internal Services Fund (ISF) for the County Fleet, to be administered by Public Works, the Board requested the IOC to review annually the Public Works department report on the fleet and on low-mileage vehicles.  
  
The IOC received the 2015/16 fleet report on March 13, 2017 and reported out to the Board of Supervisors on March 21, 2017. This is a standing referral.   
REFER  
  
4. Local Bid Preference Program. In 2005, the Board of Supervisors adopted the local bid preference ordinance to support small local businesses and stimulate the local economy, at no additional cost to the County. Under the program, if the low bid in a commodities purchase is not from a local vendor, any responsive local vendor who submitted a bid over $25,000 that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid, allowing the County to favor the local vendor but not at the expense of obtaining the lowest offered price. Since adoption of the ordinance, the IOC has continued to monitor the effects of the program through annual reports prepared and presented by the Purchasing Agent or designee.  
  
The Purchasing Services Manager made a FY 2016/17 report to the IOC on September 11, 2017 and the IOC reported out to the Board of Supervisors on October 17, 2017. This is a standing referral.   
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 IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Board, Airport Land Use Commission, Aviation Advisory Committee and the Fish & Wildlife Committee; and that screening and nomination to fill At Large seats on all other eligible bodies would be delegated to each body or a subcommittee thereof.   
In 2017, the IOC submitted recommendations to the Board of Supervisors to fill 14 vacant seats on various committees and commissions. The IOC interviewed 8 individuals for seats on the Retirement Board, East Bay Regional Parks Advisory Committee, East Contra Costa Fire Protection District Board of Directors, and the Law Library. In 2018, the IOC will need to recruit and interview for CCCFPD Advisory Fire Commission, the County Planning Commission, the East Bay Regional Parks Advisory Committee, and the Local Enforcement Agency Independent Hearing Panel. This is a standing referral.   
REFER  
  
6. 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 (DCD) regarding the allocation of propagation funds by the Fish and Wildlife Committee (FWC). The IOC accepted the report along with a recommendation that IOC conduct a preliminary review of annual FWC grant recommendations prior to Board of Supervisors review. On April 10, 2017, the IOC received a report from DCD proposing, on behalf of the FWC, the 2017 Fish and Wildlife Propagation Fund Grant awards. The IOC approved the proposal and, on April 25, 2017, recommended grant awards for six projects totaling $102,185, which the Board of Supervisors unanimously approved. This is a standing referral.   
REFER  
  
7. Advisory Body Triennial Review. Beginning in 2010 and concluding in 2011/2012, the Board of Supervisors conducted an extensive review of advisory body policies and composition, and passed Resolution Nos. 2011/497 and 2011/498, which revised and restated the Board’s governing principles for the bodies. The Resolutions dealt with all bodies, whether created by the BOS as discretionary or those that the BOS is mandated to create by state or federal rules, laws or regulations. The Resolutions directed the CAO/COB’s Office to institute a method to conduct a rotating triennial review of each body and to report on the results of that review and any resulting staff recommendations to the Board, through the IOC, on a regular basis.  
  
The first phase report of the current Triennial Review Cycle was completed in 2015/16. The second phase was completed early in 2017 and the third phase was completed in July 2017. The IOC reported out to the Board of Supervisors on March 21, 2017 and December 5, 2017.  
  
Phase I of the next Triennial Review is in progress and will be scheduled for review by the 2018 Committee. This is a standing referral.   
REFER  
  
8. Animal Benefit Fund Review. On April 21, 2015, the Board of Supervisors received several comments regarding the Animal Benefit Fund from members of the public during fiscal year 2015/16 budget hearings. On May 12, 2015, the Board of Supervisors adopted the fiscal year 2015/16 budget, including formal referral of this issue to the Internal Operations Committee. On September 14, 2015 IOC received a staff report summarizing prior year expenditures and current fund balance of the Animal Benefit Fund. On March 28, 2016, the IOC approved a proposal to expand the animal services donation program and reported out to the Board of Supervisors on April 19, 2016. The Board Order directed the Animal Services Director to report annually to the IOC on the impact of the Animal Benefit Fund on the community and families, creating a new standing referral. On September 11, 2017, the IOC received the first annual report on the Animal Benefit Fund covering FY 2016/17 and reported out to the Board of Supervisors on October 17, 2017. This is a standing referral.   
REFER   
  
9. Waste Hauler Ordinance. On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee a proposal to develop a waste hauler ordinance. The IOC received a preliminary report from the Environmental Health (EH) Division of the Health Services Department on May 14, 2012 and status report on November 13, 2013 showing substantial work and progress. The IOC requested EH staff to bring a final draft ordinance to the Committee for further consideration but staff subsequently identified issues with the interplay between the proposal and current franchise agreements that had to be examined before the County could proceed with an ordinance. The IOC has continued to work on a draft ordinance with staff and the franchises throughout 2015 and 2016, and introduced an ordinance on July 11, 2017. The Board directed staff to modify the ordinance on August 15, 2017 and again on September 26, 2017. The ordinance was modified and adopted by the Board of Supervisors on December 5, 2017.   
TERMINATE  
  
10. Community Choice Energy. On August 18, 2015, the Board of Supervisors referred to the IOC the topic of Community Choice (Energy) Aggregation. Community Choice Aggregation (CCA) is the practice of aggregating consumer electricity demand within a jurisdiction or region for purposes of procuring energy.  
  
On March 15, 2016, the Board of Supervisors directed staff to work with interested cities in Contra Costa County to obtain electrical load data from PG&E and conduct a technical study of CCE alternatives. Fourteen Contra Costa cities participated in the study with nine contributing towards the cost of the study. An outside consulted was engage to conduct the study, which was presented to the Board of Supervisors on January 17 and May 2, 2017. On May 23, an ordinance was introduced to join the Marin Energy Authority and on June 6, 2017, the Board adopted the ordinance. On August 1, 2017, the Board appointed Supervisor Glover to the MCE Board of Directors with Supervisor Gioia as the Alternate. On August 15, 2017, the Board authorized the Conservation and Development Department to undertake a Renewable Resource Potential Study to look for opportunities for expanding generation of renewable energy in the County. As the County has now joined MCE, the Committee’s work on this referral has been completed.   
TERMINATE
  
  
11. Animal Noise Ordinance Update. On December 6, 2016, the Board of Supervisors referred to the IOC development of an ordinance to authorize administrative penalties for barking dogs and other noisy animals, and to limit the number of roosters on private property in the county unincorporated areas. The IOC reviewed the draft ordinance at its March and April meetings and chose to bifurcate the proposed ASD ordinance and recommend to the Board adoption of only the barking dog portion of the ordinance. The IOC introduced the ordinance on May 23 and the Board of Supervisors adopted the ordinance on June 6, 2017.   
TERMINATE  
  
12. Commission for Women Member Attrition. The IOC held a discussion of the recent spate of member resignations, and concerns that had been expressed by some members about the Commission not closely adhering to the mission established by the BOS, and a requirement of members to raise funds for the Commission but a with perceived inability to influence how raised funds were utilized. The Asst. Clerk of the Board advised that the Commission for Women would be included in the next phase of the triennial advisory body review. The staff report with recommendations is scheduled to be presented to the IOC in February 2018, at which time the IOC will consider any additional actions to be taken and direction to staff.   
REFER  
  
13. Revitalization of the Agricultural Advisory Task Force. On April 19, 2016, the Board of Supervisors, upon the IOC’s recommendation, reconstituted the Agricultural Advisory Task Force and approved an updated mission statement, seat configuration and bylaws. In July 2016, the IOC recruited for Task Force members and received eight applications. However, in September 2016, Agricultural Director Chad Godoy left County employment and no further action was taken to establish the Task Force. At the December 20, 2016 Board of Supervisors meeting, Conservation and Development Director John Kopchik confirmed that DCD had some Reform Land Use Zoning Policies that relate to agriculture and wished to have them reviewed by the Agricultural Advisory Task Force. The IOC again, on November 9, 2017, considered re-establishing the Task Force but decided to place the matter on hold because the Agricultural Director position has been filled only on a part time basis. As the matter has been suspended, this referral should be terminated until further need.   
TERMINATE  

EXHIBIT A  
LIST OF REFERRALS TO BE REMOVED
  
10. Community Choice Energy  
11. Animal Noise Ordinance   
13. Revitalization of the Agricultural Advisory Task Force  
9. Waste Hauler Ordinance  
  
  
EXHIBIT B
LIST OF ITEMS TO BE REFERRED TO THE  
2018 INTERNAL OPERATIONS COMMITTEE
  
Standing Referrals
  1. Continued policy oversight and quarterly monitoring of the Small Business Enterprise and Outreach programs, and e-Outreach
  2. Review of the annual financial audit schedule
  3. Review of annual Master Vehicle Replacement List and disposition of low-mileage vehicles
  4. Local Bid Preference Program
  5. Advisory Body Candidate Screening/Interview
  6. Fish and Wildlife Propagation Fund Allocation
  7. Advisory Body Triennial Review
  8. Animal Benefit Fund Review
Non-Standing Referrals  
12. Commission for Women Member Attrition  
13. Animal Noise Ordinance Update  
  
2017 Committee:
Appointments: Date Appt Interviewed
HazMat Commission 3/7/2017 4 0
HazMat Commission 3/21/2017 1 0
EBRPD 5/23/2017 1 2
CCCERA 6/13/2017 3 5
CCRCD 6/20/2017 1 0
AHFC 12/5/2017 1 0
ECCFPD 12/19/2017 2 6
Law Library 12/19/2017 1 2
14 15
Reports to BOS:
Redesignate Seat on IPM Adv Cte 3/7/2017
Fleet Internal Services Fund 3/21/2017
Advisory Body Triennial Review Phase II 3/21/2017
Allocation of Fish & Wildlife Propagation Funds 4/25/2017
SBE/Outreach Jul-Dec 2016 4/25/2017
Community Choice Energy 5/2/2017
Animal Noise Ordinance Fines 6/6/2017
Waste Hauler Ordinance 7/11/2017
Refer Aviation Adv Cte vacancy to AC 8/1/2017
Waste Hauler Ordinance 8/15/2017
Waste Hauler Ordinance 9/26/2017
SBE/Outreach/Local Bid Preference Jan-Jun 2017 10/17/2017
Animal Welfare Benefit Fund 10/17/2017
Waste Hauler Ordinance 12/5/2017
Changes to IPM Policy/Bylaws 12/5/2017
BOS Triennial Review Phase III recommendations 12/5/2017
IOC Year End Productivity Report 12/19/2017

CONSEQUENCE OF NEGATIVE ACTION:

Should the Board elect not to approve the recommendations, the Internal Operations Committee will not have clear direction on the disposition of prior year referrals for discussion in calendar year 2018.

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