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INTERNAL OPERATIONS COMMITTEE

  RECORD OF ACTION FOR

March 14, 2022
 
Supervisor Diane Burgis, Chair
Supervisor Candace Andersen, Vice Chair
Present: Diane Burgis, Chair  
  Candace Andersen, Vice Chair  
Staff Present: Monica Nino, County Administrator; Julie DiMaggio Enea, Staff
Attendees: Bob Campbell, Auditor-Controller; Lara DeLaney, Sr. Deputy CAO; Tim Ewell, Chief Asst. CAO; Sandra Bewley, Chief Auditor; Monica Carlisle, Sr. CAO Mgmt Analyst; Lea Castleberry, District III Supervisors Office; Joe Yee, Deputy Public Works Director; Jill Ray, District II Supervisors Office; Lauren Hull, Clerk of the Board's Office; Frank Jones; Patt Young; Barbara Goldstein; "Marsh Family"; Ben Miyaji; Lauren Weston; Robin Moore; Jenny Balisle; Dennisha Marsh; Colleen Awad; Beverly Kumar; Silvia Ledezma; Roger Renn; Lanita Mims-Beal; Brendan Havenar, Daughto...; Amanda Rawson; Dawn Lopshire; Unknown Caller 1; Unknown Caller 2
             
1. Introductions
  Chair Burgis called the meeting to order at 10:30 a.m.
             
2. Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes).
  No one requested to speak during the general public comment period.
             
3. RECEIVE and APPROVE the Record of Action for the February 14, 2022 IOC meeting.
  Chair Burgis approved the Record of Action for the February 14, 2022 meeting as presented.  Supervisor Andersen abstained because she was absent from the February 14 meeting.
 
AYE: Chair Diane Burgis
Other: Vice Chair Candace Andersen (ABSTAIN)
  Attachments:
  DRAFT IOC Record of Action for 2-14-22
 
             
4. RECOMMEND to the Board of Supervisors the reappointment of Victoria Smith and the appointment of Joe Doser to the Local Enforcement Agency Independent Hearing Panel to terms that will expire on March 31, 2026.

CONSIDER options for filling the remaining seat and PROVIDE direction to staff:
a. Direct staff to continue to recruit until the vacant seat can be filled, and/or
b. Recommend that the Board appoint a Board of Supervisors member to the vacant seat.
  The Committee approved the recommendation to reappoint Victoria Smith and appoint Joe Doser to the Local Enforcement Agency Independent Hearing Panel to terms that will expire on March 31, 2026 for Board of Supervisors consideration, and directed staff to continue recruiting to fill the remaining vacancy. 
 
AYE: Chair Diane Burgis
  Vice Chair Candace Andersen
  Attachments:
  Media Release_LEA Independent Hearing Panel
  Application_Victoria Smith_LEA Independent Hearing Panel
  Application_Joe Doser_LEA Independent Hearing Panel
 
             
5. INTERVIEW applicants for the At Large seat of the Los Medanos Health Advisory Committee for an initial term to commence upon the dissolution of the Los Medanos Community Healthcare District and end on December 31, 2023, and DETERMINE recommendation for Board of Supervisors consideration:

Frank Jones (Concord, but serves District residents)
Patt Young (Pittsburg, former LMCHD Board of Directors member)
Dennisha Marsh (Pittsburg, former LMCHD Board of Directors member)
  The Committee interviewed as a group three applicants for the At Large seat vacancy:  Frank Jones, Patt Young and Dennisha Marsh.  At the conclusion of the interview, the Committee was divided between the two applicants Ms. Young and Ms. Marsh for the vacant seat.  Both applicants had served on the former LMCH District Board. 

County Auditor-Controller Bob Campbell advised that his office was still winding down the affairs of the former district in preparation for the transition to the County.  He suggested that the Committee may wish to delay taking action to fill the At Large seat until its April meeting, to allow the transition to be completed, which he expected would occur in a few weeks.  Chief Asst. County Administrator Tim Ewell advised that while there is some urgency to establish the new committee, it is not urgent to fill the At Large seat since the City of Pittsburg, the Bay Point MAC and the Health Services Department are expected to have their representatives identified for Board consideration on March 29.

The Committee learned from Mr. Ewell that an Alternate seat had not been proposed for the new committee but could be if that was the IOC's recommendation.  The IOC decided that it would recommend that the Board of Supervisors create an Alternate seat and appoint Ms. Marsh to the At Large seat and Ms. Young to the Alternate seat.

An unidentified caller spoke in support of Ms. Marsh's appointment but was concerned about Ms. Marsh's statement that she distrusted the County.  The caller said a successful appointee must be able to empathize with both the County and the community.  She appreciated the Supervisors' incorporation of both Ms. Marsh and Ms. Young with the new committee.  She expressed concern about food insecurity and the need for fresh fruits and vegetables in East County.
 
AYE: Chair Diane Burgis
  Vice Chair Candace Andersen
  Attachments:
  BOS Resolution 2018/543 Augmenting Membership of the LMHAC
  Media Release_Los Medanos Health Advisory Committee
  LMHCD Map
  Application_Frank Jones_Los Medanos Health Advisory Cte
  Application_Dennisha Marsh_Los Medanos Health Advisory Cte
  Application_Patt Young_Los Medanos Health Advisory Cte
 
             
6. ACCEPT report on the Auditor-Controller's audit activities for 2021 and APPROVE the proposed schedule of financial audits for 2022.
  Supervising Auditor/Accountant Sandra Bewley presented the staff report.  She highlighted that the Auditor completed and issued 22 of the 33 scheduled audits with 8 more near completion and 3 held over to the new year due to the pandemic and implementation of new financial reporting software.  She described some of the most comment audit findings.

Ms. Bewley said that the number of audits planned for 22/23 has been condensed due to the Auditor's implementation of the Workday financial system project.  She noted that the Audit Division also assists with preparation of the Comprehensive Annual Financial Report and oversees the conduct of the Countywide Single Audit. 

Chair Burgis asked about resources available to departments on best financial practices.  Ms. Bewley said that the Auditor's office is always available as a resource as well as written polices and procedures.

An unidentified caller questioned a fund used by a local school district that was described to her as a "pass through" fund, purportedly at the direction of the County.  The speaker said she was suspicious of any fund labeled in a non-specific way.

Auditor-Controller Bob Campbell and Ms. Bewley explained that a pass-through is used to describe a relationship in which an agency acts as a fiscal agent to pass funds from one level of government to another, all subject to audit.  For example, the State of California may serve as a fiscal agent to pass federal funding through to local government, and the Office of Education may pass State funds through to the school districts for payroll and other costs.  Lacking any more specific information, Mr. Campbell could only explain in general terms but could explain more specifically if more information was provided.  He noted that some of these funds have been in existence for more than 35 years.

Vice Chair Andersen also noted that the school districts are not under the jurisdiction of counties, and that pass-through funds cannot be spent generally but are restricted to their original purposes.

The Committee accepted the staff report and directed committee staff to forward it to the Board of Supervisors for information.
 
AYE: Chair Diane Burgis
  Vice Chair Candace Andersen
  Attachments:
  Proposed 2022 Internal Audit Plan
 
             
7. RECEIVE the 2020/21 annual report from the Public Works Director on the Internal Services Fund and status of the County's Vehicle Fleet.
  Deputy Public Works Director Joe Yee presented the annual report that was prepared by former Fleet Services Manager Carlos Velasquez.  Mr. Yee presented the highlights:  Public Works purchased 29% fewer vehicles in FY 2020-21 due to reduced staff travel and supply chain issues resulting from the pandemic.  He identified 53 underutilized vehicles as compared to only 5 the previous year, due to County staff working remotely.  He expects the County will be keeping cars longer due to shortages in new vehicles.

Mr. Yee reported that two County Administrative Bulletins (#507 and 508) were recently updated to redefine Zero Emission Vehicle (ZEV) to mean electric, hydorgen fuel cell and plug-in hydroelectric vehicles, with the goal of further greening the County fleet.  The remaining challenge is a shortage of charging stations.  The County's Sustainability Fund will help to facilitate the County's transition to ZEVs.  Funding will become available in April 2022 but planning and acquisition will likely delay action for many months. 

In anticipation of the transition, Public Works has been ordering new EVs with fast charge ports.  The 230+ mileis range of the newer EVs decrease "range anxiety" of staff, leading to greater adoption.

Chair Burgis assked if Public Works is able to calculate the difference between cost of electricity and gas for these vehicles.  Mr Yee replied that EVs are generally cheaper in terms of both energy and vehicle maintenance costs.

An unidentified caller commented that it is disingenuous to present a report prepared by staff who no longer work for the County.  She complained that the report does not provide data on actual costs or savings, but rather expresses the presenter's opinion.  She said the report failed to address the amount of time needed to charge the vehicles and how the charging would be accomplished.  She asked that the report be revised to address her concerns and brought back for action at a later date.

The Committee explained the utility of the report, thanked Mr. Yee, accepted the report, and directed committee staff to forward it to the Board of Supervisors for information.

 
 
AYE: Chair Diane Burgis
  Vice Chair Candace Andersen
  Attachments:
  2020/21 Fleet Internal Service Fund and Underutilized Vehicle Report
 
             
8. ACCEPT Phase One Interim Report for the Arts and Culture Prospectus and PROVIDE direction to staff regarding the potential dissolution of the Arts and Culture Commission and re-organization of an Arts Council for Contra Costa County.
  Sr. Deputy CAO Lara DeLaney presented the staff report and explained that what was being presented could have significant consequences on the organization of the body going forward.  She described the current composition of the Arts and Culture Commission (Commission).  She noted the six Commissioner resignations and also the resignations of the managing director and Senior Deputy CAO with oversight of the Commission.  She reviewed the options described in the staff report and itemized the various attachments to the staff report.

Ms. DeLaney introduced consultant Barbara Goldstein, who prepared a prospectus on the Commission.  Ms. Goldstein explained that the lack of leadership and of a functioning Commission hindered development of the prospectus. She described her methodology for preparing the prospectus and some of the challenges she encountered.  She recommended suspending the Commission and doing an indepth study to determine the best way to manage the County assets for cultural activities.  She said it was unusual to have a volunteer body handling public money.  She recommended that the process wait until professional staff was appointed to guide the process.

Chair Burgis pointed out some errors in the consultant report and described her challenges in filling her District seat vacancy on the Commission.

Vice Chair Andersen expressed her disappointment in the disintegration of the Commission and her desire to focus on finding the best way to move forward.  She preferred Option 1 because it offers a fresh start.  She liked the idea of a public/private partnership that can do more than what a public commission could do. 

Chair Burgis observed the problems that have arisen when several County commissions strayed from their advisory role.

Public Comment:
The following three people spoke in favor of Option 1:
  • Silvia Ledezma (written comments attached)
  • Jenny Balisle (written comments attached)
  • Ben Miyaji commented about the high number of resignations from the Commission, few meetings, and flat funding.
Lanita Mims-Beal commented that East County has a vibrant arts culture.  She said she is also a member of the Women's Commission and cannot understand why these bodies cannot function as expected.

Roger Renn commented that Option 1 is not a 'silver bullet' but asked the County to appoint a diverse arts/culture steering committee to create a 10-year cultural plan to avoid creation of cultural deserts in lower income communities.

Amanda Rawson apologized for errors in the consultant report but explained that the resources and support were very limited and hindered information gathering.


The Committee decided to recommend Option 1 to the Board of Supervisors and directed County Administrator staff to forward the recommendation to the Board of Supervisors for further consideration.
 
AYE: Chair Diane Burgis
  Vice Chair Candace Andersen
  Attachments:
  Attachment 1_Arts and Culture Commission Roster
  Attachment 2_AC5 FY 21-22 Work Plan
  Attachment 3_Interim Report_CCC_ArtsandCulturalProspectus_REV_02.10.22
  Attachment 4_AC5 Bylaws
  Public comment_email_Jenny Balisle_3-14-22
  Public comment_email attachment_Jenny Balisle_3-14-22
  Public comment_email_Silvia Ledezma_3-14-22
 
             
9. The next meeting is currently scheduled for April 11, 2022.
             
10. Adjourn
  Chair Burgis adjourned the meeting at 12:22 p.m.

 

For Additional Information Contact:

Julie DiMaggio Enea, Committee Staff
Phone (925) 655-2056, Fax (925) 655-2066
julie.enea@cao.cccounty.us

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