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    7.    
INTERNAL OPERATIONS COMMITTEE
Meeting Date: 05/08/2023  
Subject:    Triennial Advisory Body Review – Phase III Report
Submitted For: Monica Nino, County Administrator
Department: County Administrator  
Referral No.:  
Referral Name:
Presenter: Lauren Hull, Senior Management Analyst – Clerk of the Board Contact: Lauren Hull, (925) 655-2007
Information
Referral History:
The Board of Supervisors oversees and appoints members to approximately seventy-six (76) advisory boards, commissions, and committees (bodies). These advisory bodies serve numerous governmental functions, some mandatory and others discretionary. In 2012, the Board of Supervisors adopted a regular, ongoing sunset review process, formalized by Resolution No. 2012/261. This resolution was designed to ensure that every three years each advisory body is reviewed for compliance with a variety of policies.

With the publishing of this Phase III, Cycle 3 report, the Internal Operations Committee will have conducted three full cycles of review since the review process was installed in 2012. In 2021 and 2022, the Internal Operations Committee reviewed 14 advisory bodies in Phase I and 24 advisory bodies in Phase II of the review. This year, the Internal Operations Committee and the Board of Supervisors will review 17 bodies in Phase III. In all three phases of Cycle 3, out of the 76 bodies listed in the County’s Boards & Commissions Database (Maddy Book), 55 were reviewed, 18 were excluded, 4 were added for future review cycles, and 1 was removed.

Summary of Cycle 3 Triennial Review Phases

Phase Completion Date Number of Bodies
I 2021 14
II 2022 24
III 2023 17
Excluded 18
Net Bodies Added to Maddy Book 3
Total Bodies Listed in Maddy Book 76

A list of the eighteen (18) bodies excluded from the Triennial Review process is included on the next page. Most excluded bodies are not reviewed due to full governing independence from the county, such as the East Bay Regional Park District’s own Parks Advisory Committee. A rationale is noted if the body is not independent and/or is not explicitly explained in Resolution No. 2012/261. In those cases, the body was either an ad hoc (temporary) body or was not a true “Maddy” body. A body that is indicated below as “Not Maddy” is a body to which the Board of Supervisors does not make appointments but is listed in the Maddy Book to improve public awareness and access to the body’s meetings.

Bodies Excluded from Triennial Review Cycle 3 Rationale
1. Ad Hoc Census Committee ad hoc
2. Ad Hoc Arts Council Steering Committee ad hoc
3. Assessment Appeals Board
4. Community Advisory Board (CAB) on Public Safety Realignment Not Maddy
5. Community Corrections Partnership
6. Community Corrections Partnership - Executive Committee
7. Contra Costa County Employees Retirement Association
8. Contra Costa Transportation Authority (CCTA) Citizens Advisory Committee
9. CCTA Bicycle and Pedestrian Advisory Committee
10. County Connection Citizens Advisory Committee
11. Countywide Redevelopment Oversight Board
12. Developmental Disabilities Council Not Maddy
13. East Bay Regional Park District Park Advisory Committee
14. Housing Authority
15. Mosquito & Vector Control District Board of Trustees
16. Regional Measure 3 Independent Oversight Committee
17. Tri-Delta Transit Authority Board of Directors
18. Western Contra Costa Transit Authority Board of Directors


LIST OF ADVISORY BODIES IN PHASE III

Seventeen (17) bodies are included in Phase III, which was last completed in 2020. These advisory bodies are divided between eleven (11) mandatory bodies and six (6) discretionary bodies.

Mandatory Commissions or Committees

Mandatory commissions are those required under state or federal law. Additionally, bodies that are mandated to exist by a contract with a bargaining unit or the federal, state, or regional government are listed as mandatory, and are denoted with an asterisk. The following eleven (11) advisory bodies are considered mandatory, meaning that Contra Costa County must operate them:
  1. Airport Land Use Commission
  2. Alamo-Lafayette Cemetery District Trustees
  3. Byron-Brentwood-Knightsen Union Cemetery District
  4. Fish & Wildlife Committee
  5. Local Enforcement Agency (LEA) Hearing Panel
  6. Managed Care Commission*
  7. Merit Board*
  8. North Richmond Waste and Recovery Mitigation Fee Committee
  9. Public Law Library Board of Trustees
  10. Resource Conservation District
  11. Workforce Development Board

Discretionary Commissions or Committees

Discretionary commissions are created by the Board of Supervisors on a voluntary basis. Many discretionary bodies were created to address community needs and solicit further resident engagement. Several of the discretionary bodies included in this phase advise the Board of Supervisors on how to allocate grant funds or fees. Others included in this phase advise the Supervisors on services, such as fire districts under the purview of the Board of Supervisors. A total of six (6) discretionary bodies were reviewed in this phase:
  1. Affordable Housing Finance Committee
  2. Contra Costa County Fire Protection District Advisory Commission
  3. Crockett-Carquinez Fire Protection District Fire Advisory Commission
  4. Iron Horse Corridor Management Program Advisory Committee
  5. Keller Canyon Mitigation Fund Review Committee
  6. Treasury Oversight Committee
Referral Update:
During the review of the previous phase of the Triennial Review the Internal Operations Committee requested that future reviews include information on the amount of staff support required by each body. Staff subsequently revised the Triennial Review Survey to include questions regarding how many staff members provide support for each body, as well as how many hours of staff time per week are required to support each body. This information is summarized in the Staff Comments/Recommendations sections of this report. Additional changes to the Triennial Review survey included questions regarding how many subcommittees each body has and how frequently they meet.

Due to the recent policy change that requires most advisory bodies to provide hybrid access to their meetings, staff recommends that the next phase of the Triennial Review include a section on compliance with hybrid meeting requirements. A recommendation regarding this is included in the Recommendations/Next Steps section of this report.

FINDINGS

Summary of Findings for Phase III
Staff to bodies included in Phase III were asked to complete a survey which was reviewed and signed by the advisory body Chairperson. Staff from the Clerk of the Board then reviewed the materials and surveys submitted by the advisory body staff and chairs. In addition to the survey materials, Clerk of the Board staff also performed research to confirm whether the bodies are posting agendas online and reviewed the contents of the agendas for compliance with several additional policies, such as including information about disability access and access to supplemental materials, and opportunities for public comment. The Clerk of the Board also reviewed the agendas for whether the agenda descriptions were adequate for a layperson or outsider to understand what would be discussed at the meeting. The County Administrator’s Office also reviewed the submissions.

Unless highlighted in the recommendations, no changes to bylaws, membership requirements, or seat structure are recommended for the bodies included in Phase III. This report includes a description of advisory bodies in the Phase III review, along with a summary of comments or recommendations from the Clerk of the Board and the County Administrator’s Office.

Mandatory Bodies

Airport Land Use Commission
The Airport Land Use Commission (ALUC) conducts airport land use compatibility planning. It protects the health, safety, and welfare of the public by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports. The ALUC is mandated by the California Public Utilities Code §§ 21670 – 21679.5.

Staff Comments/Recommendations
Staff for the ALUC notes that the body is an unfunded state mandate and that most staff time and resources dedicated to it go unfunded, resulting in a building administrative deficit. Staff for the ALUC also reports that one (1) staff member from the Department of Conservation and Development provides about five (5) hours of support for the body per week. Staff for the Clerk of the Board’s Office recommends minor changes to the current agendas to ensure that they include information about disability access and how the public can access supplemental materials.

Alamo-Lafayette Cemetery District Board of Trustees

The Alamo-Lafayette Cemetery District (ALCD) is a property tax and fee-supported organization that provides burial services, year-round maintenance, and preservation of interment plots. Interments are restricted to residents and taxpayers of the cemetery district boundaries and their immediate family members. The district is controlled by California State Health & Safety Code § 9000.

Staff Comments/Recommendations
Staff for the ALCD reported in their review that the district is underfunded, though this issue is outside the purview of the Triennial Review which focuses specifically on the Board of Trustees. Staff for the ALCD also reports that one (1) staff member from the Cemetery District provides about ten (10) hours of support for the body per week. Staff for the Clerk of the Board’s Office notes that agendas for the body are not posted on the county’s Agenda Center since the Board of Trustees is an independent body. Agendas are instead posted on the Alamo-Lafayette Cemetery District’s website at https://www.alamolafayettecemetery.com/. Staff for the Clerk of the Board’s Office recommends minor changes to the current agendas to ensure that they include information about how the public can access supplemental materials.

Byron-Brentwood-Knightsen Cemetery District Board of Trustees
The Byron-Brentwood-Knightsen Cemetery District (BBKUCD) is a property tax and fee-supported organization that provides burial services, year-round maintenance, and preservation of interment plots. Interments are restricted to residents and taxpayers of the cemetery district boundaries and their immediate family members. The District is controlled by California State Health & Safety Code § 9000.


Staff Comments/Recommendations
Staff for the BBKUCD reported in their review that the Board of Trustees has had difficulty filling seats. However, currently all three (3) seats are filled. Staff for the BBKUCD also reports that one (1) staff member from the Cemetery District provides about fifteen (15) hours of support for the body per week. Staff for the Clerk of the Board’s Office notes that agendas for the body are not posted on the county’s Agenda Center since the Board of Trustees is an independent body. Agendas are instead posted on the district’s website at https://www.bbkucd.org/. Staff for the Clerk of the Board’s Office recommends minor changes to the current agendas to ensure that they include information about how the public can access supplemental materials.

Fish and Wildlife Committee
The Fish and Wildlife Committee (F&WC) advises the Board of Supervisors on fish and wildlife issues and makes recommendations for the expenditure of funds from the Fish and Wildlife Propagation Fund (Fish and Game Code § 13103). The F&WC awards grants to projects related to public education, habitat improvement, temporary emergency treatment and care of orphaned wildlife, and scientific research. Additionally, the committee may address issues surrounding the enforcement of fish and game laws and regulations when referred to the committee by the Board of Supervisors.

Staff Comments/Recommendations
Staff for the F&WC reports that the current funding does not cover the cost of staffing the committee and managing the grant program. Staff for the F&WC also reports that one (1) staff member from the Department of Conservation and Development provides about seven (7) hours of support for the body per week. The F&WC appears to be functioning as intended and in compliance with the county’s administrative policies.

Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

Local Enforcement Agency Independent Hearing Panel
The Environmental Health Division of the county’s Health Services Department was designated by the Board of Supervisors and certified as the Local Enforcement Agency (LEA) for Contra Costa County in 1992. The California Public Resources Code requires a LEA to hold hearings (1) before taking certain actions, (2) in response to challenges to specified actions the LEA has taken, and (3) at the request of specified persons regarding particular actions taken by the LEA or the alleged failure of the LEA to act as required by law or regulation. Other hearings are required by the California Code of Regulations. Either a hearing officer or hearing panel must be appointed to conduct the hearings. The Board of Supervisors has established the Contra Costa County Local Enforcement Agency Independent Hearing Panel to perform this function under Public Resources Code § 44308, subdivision (a)(2).

Staff Comments/Recommendations
Staff for the LEAIHP reports that no meetings have been held in the past 36 months and that the body does not generally utilize any hours of staff time. Staff for the Clerk of the Board’s Office was unable to verify whether the LEAIHP is operating in compliance with the county’s administrative policies since no agendas, minutes, or reports were available to review.

Managed Care Commission
The Managed Care Commission (MCC) advises the Health Services Director and Board of Supervisors regarding health insurance needs for the community and promotes the Contra Costa Health Plan. The MCC focuses on recipients of Medi-Cal, Medicare, undocumented children, and medically indigent persons. While the MCC is not considered a mandatory body, the county has effectively made it mandatory by entering into a contract with the state that requires the MCC to exist. Persons who are involved as contractors with Contra Costa Health Plan and Health Department employees are not allowed to be members of the MCC.

Staff Comments/Recommendations
Staff for the MCC reports that the one (1) staff person provides half an hour (0.5) of staff support per week. The commission does not appear to be functioning as effectively as it could be, and staff for the MCC reports that the goals and objectives initially formed are now outdated, the bylaws are not reflective of the body’s current purpose, and there is a high vacancy rate and trouble filling seats. Staff for the MCC recommends restructuring the MCC and creating a standing subcommittee titled the Community Advisory Committee to better connect with the community regarding Medi-Cal programs and policies. Additionally, the Clerk of the Board’s Office recommends changes to ensure that the MCC operates in compliance with certain county administrative policies. Staff for the Clerk of the Board’s Office recommends that the MCC post agendas in the county’s Agenda Center to comply with Resolution 2020/1, as well as make minor changes to the current agendas to ensure that they include information about disability access and supplemental materials. Staff recommends that Health Services collaborate with the County Administrator’s Office and Clerk of the Board to bring specific recommendations regarding the restructuring of the MCC to the Internal Operations Committee as a future referral.

Merit Board
The Merit Board is authorized to carry out its duties under the Merit System Ordinance (Ordinance No. 80-47), as required by state law. The Merit Board oversees the county’s merit system and hears and decides on matters of unlawful discrimination appeals or complaints, and appeals from orders and actions of dismissal, suspension, demotion, or reduction of compensation. They also hear and decide on other issues such as the application of layoff regulations.

Staff Comments/Recommendations
The Chair of the Merit Board reported that the body could be more effective if its purview and ability to provide redress were expanded. Staff for the Merit Board reports that one (1) staff member from the Human Resources Department provides fifteen (15) hours or more of support for the body per week. The Merit Board appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

North Richmond Waste and Recovery Mitigation Fee Committee
The North Richmond Waste and Recovery Mitigation Fee Committee was established in 2004 as part of a Bulk Materials Processing Center Memorandum of Understanding with the City of Richmond to jointly administer mitigation fees collected from the Bulk Materials Processing Center at the West Contra Costa County Sanitary Landfill. The Environmental Impact Report for this project determined that this Center would impact the North Richmond community and authorized a mitigation fee to defray annual costs associated with collection and disposal of illegally dumped waste and other related impacts. The committee addresses the needs of the community through multiple strategies including community clean-up events, law and code enforcement activities, community garden projects, and other community-based projects.

Staff Comments/Recommendations
Staff for the North Richmond Waste and Recovery Mitigation Fee Committee report that four (4) staff members provide about twelve (12) hours total of support for the body per week. Staff for the Clerk of the Board’s Office recommends minor changes to the current agendas to ensure that they include information about supplemental materials.

Public Law Library Board of Trustees
The Public Law Library's mission is to provide all members of the community with access to research materials to aid in understanding and preserving legal rights. The Public Law Library operates at three full-time sites with the assistance of trained staff. The Board of Trustees governs the Law Library pursuant to the California Business and Professions Code § 6300.

Staff Comments/Recommendations
Staff for the Public Law Library reports that county law libraries are in need of permanent, stable funding from the state. Staff for the Public Law Library also reports that one (1) staff member from the Law Library provides between two (2) to five (5) hours of support for the body per week. Staff for the Clerk of the Board’s Office notes that the body posts agendas on the Public Law Library’s website at http://www.cccpllib.org/. The Public Law Library appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

Resource Conservation District
The mission of the Contra Costa Resource Conservation District (RCD) is to facilitate conservation and stewardship of the natural resources of Contra Costa County. The RCD reports that their most impactful programs have included mobilizing hundreds of volunteers for creek cleanups, thus preventing tons of trash from entering waterways and flowing downstream into the San Francisco Bay and the Pacific Ocean. The RCD has built capacity for local watershed and creek groups such as the Walnut Creek Watershed Council, Alhambra Watershed Council, Carquinez Watershed Council, and Friends of Pinole Creek. The RCD also works with a federal partner, the National Resources Conservation Service, to implement conservation practices on agricultural and open space lands.

Staff Comments/Recommendations
Staff for the Resource Conservation District reports that over two (2) staff members from the district provide about six (6) hours of support for the body per week. Staff for the Clerk of the Board’s Office notes that agendas are not posted on the county’s Agenda Center since the Resource Conservation District is an independent body. Agendas are posted on the district’s website at https://www.ccrcd.org/. The Resource Conservation District appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

Workforce Development Board
The Workforce Development Board is the access point for employment-related and training services. These services, provided at four different sites, include developing local plans, identifying providers of services, monitoring system performance, and helping to develop the labor market information system. Priority is given to populations who have the greatest challenges to employment, such as low-income individuals, those formerly incarcerated, current and former foster youth, individuals with disabilities, and English language learners. Contra Costa County is required to operate an authorized workforce development board in order to receive federal funding for these activities.

Staff Comments/Recommendations
Staff for the Workforce Development Board reports that fifteen (15) staff members in the Employment and Human Services Department provide forty (40) hours total per week of staff support for the body. Staff for the Clerk of the Board’s Office notes that agendas are not posted on the county’s Agenda Center as the Workforce Development Board is an independent body. Agendas are posted on the Workforce Development Board’s website at https://www.wdbccc.com/. The Workforce Development Board appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.




Discretionary Bodies

Affordable Housing Finance Committee
Established in 1995, the Affordable Housing Finance Committee (AHFC) works with the Department of Conservation and Development to develop funding recommendations for the Board of Supervisor’s consideration regarding the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnership Act funds among other eligible affordable housing programs and projects in the county. The county currently receives an annual allocation of approximately $6 million in funds for affordable housing development.

Staff Comments/Recommendations
Staff for the AHFC reports that the body only meets once per year. Leading up to the annual meeting, one (1) staff member provides up to twenty (20) hours of staff support per week. For the rest of the year, there is little to no staff support needed per week. The AHFC appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

Contra Costa County Fire Protection District Advisory Fire Commission
The purpose of the Contra Costa County Fire Protection District (CCCFPD) Advisory Fire Commission is to advise the Fire Chief and Board of Supervisors on goals and objectives of the district, operations and capital budgets, and declarations of fire apparatus and equipment as surplus. They also serve as a liaison with the community and serve as the Appeals Board on weed abatement matters.

Staff Comments/Recommendations
Staff for the CCCFPD Advisory Fire Commission reports that one (1) staff member from the Fire Protection District provides about one (1) hour of staff support for the body per week. Staff for the Clerk of the Board’s Office notes that the body posts agendas on the Fire Protection District’s website at https://www.cccfpd.org/advisory-fire-commission/. The CCCFPD Advisory Fire Commission appears to be functioning as intended and in compliance with the county’s administrative policies. Staff for the Clerk of the Board’s Office does not recommend any changes at this time.

Crockett-Carquinez Fire Protection District Advisory Fire Commission
The Crockett-Carquinez Fire Protection District Advisory Fire Commission reviews and advises on annual operations and capital budgets, reviews District expenditures, advises the Fire Chief on district service matters, and serves as a liaison between the Board of Supervisors and the community served by the District.

Staff Comments/Recommendations
The Crockett-Carquinez Fire Protection District Advisory Fire Commission is administered by volunteers and thus does not utilize any hours of county staff time per week. Staff for the Crockett-Carquinez Fire Protection District Advisory Fire Commission indicated in their Triennial Review that agendas are posted on social media 72 hours in advance of the meeting. Staff for the Clerk of the Board’s Office recommends changes to operating procedures to ensure that agendas are posted online 96 hours in advance of the meeting to comply with the Better Government Ordinance, and that agendas include information about disability access and supplemental materials.

Iron Horse Corridor Management Program Advisory Committee
The Iron Horse Corridor Management Program Advisory Committee (IHCMPAC) was established to provide citizen input for a management program for the Iron Horse Corridor. In October of 2000 the Board of Supervisors expanded the advisory committee's role to include continued implementation and monitoring of certain elements of the Management Program. The committee meets quarterly and accomplishes its interjurisdictional advisory duties on this schedule.

Staff Comments/Recommendations
Staff for the IHCMPAC reports that one (1) staff member from the Public Works Department provides about one (1) hour of staff support for the body per week. Staff also notes that a newly enacted state bill, AB 1025, mandates that the IHCMPAC develop an additional element to the management program “that considers proposals to study new and emerging mobility modes and technologies in the corridor and includes a new task in the committee’s work program to recommend a framework for acting on these proposals”. Agendas for the IHCMPAC are posted on the county’s AgendaCenter, though the posting date/times are identical to the date/time the meetings are scheduled for. Staff for the Clerk of the Board’s Office recommends changes to the current agendas to ensure that they are posted 96 hours in advance of the meeting, in compliance with the Better Government Ordinance.

Keller Canyon Mitigation Fund Review Committee
The Keller Canyon Landfill Mitigation Fund process was established in August 1992, and the Board of Supervisors revised the funding process in May 2011. The Board of Supervisors designated that these funds be used to mitigate effects of the landfill site by funding community-based organizations and county departments for programs in the following areas: youth services, code enforcement, community beautification, public safety, and community services. This committee makes annual funding recommendations to the Board of Supervisors.

Staff Comments/Recommendations
No estimate of staff time utilized per week for the Keller Canyon Mitigation Fund Review Committee was received, and staff for the Clerk of the Board’s Office was unable to locate where agendas for the body are currently posted. Through 2020, agendas were posted on the Agenda Center. Staff for the Clerk of the Board’s Office recommends that agendas resume being posted to the county’s website under the Agenda Center to comply with Resolution 2020/1.

Treasury Oversight Committee
The Treasury Oversight Committee was established in 1995 and was initially mandated under the Government Code, although the requirement was suspended by the state in 2004. The Treasury Oversight Committee allows local agencies, including school and special districts as well as the public, to participate in reviewing the policies that guide the investment of public funds that are invested by the County Treasurer. The committee monitors the County's investment pool and policy and confirms that the annual audit is conducted to ensure compliance with Government Code §§ 27130-27137. The committee allows the public to participate in the review of policies that guide the investment of public funds under the authority granted annually by the Board of Supervisors.

Staff Comments/Recommendations
Staff for the Treasury Oversight Committee reports that three (3) staff members provide a total of about one and a half (1.5) hours of staff support for the body per week. Staff for the Clerk of the Board’s Office recommends minor changes to the current agendas to ensure that they include information about disability access.
Recommendation(s)/Next Step(s):
  1. ACCEPT the 2022-2023 Triennial Review Phase III, Cycle 3 Report and specific recommendations as summarized below:
  1. DIRECT the County Administrator/Clerk of the Board to begin implementation of Phase I of the fourth cycle of the Triennial Review process.
  2. DIRECT the following advisory bodies to ensure agendas are posted ninety-six (96) hours in advance of the meeting date, in compliance with the Better Government Ordinance:
    1. Crockett-Carquinez Fire Protection District Advisory Fire Commission
    2. Iron Horse Corridor Management Program Advisory Committee
  1. DIRECT the Managed Care Commission to develop specific recommendations to address the concerns identified in this report and provide an update to the Internal Operations Committee with a plan of action.
  1. CONSIDER referring minor suggestions about supplemental material access agenda language and disclosures to the below advisory bodies. Supplemental material access language should state “Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the [meeting body name] less than 96 hours prior to that meeting are available for public inspection at [address where records are available], during normal business hours. Staff reports related to items on the agenda are also accessible online at [website address].
    1. Airport Land Use Commission
    2. Alamo-Lafayette Cemetery District Board of Trustees
    3. Byron-Brentwood-Knightsen Union Cemetery District Board of Trustees
    4. Crockett-Carquinez Fire Protection District Advisory Fire Commission
    5. Managed Care Commission
    6. North Richmond Waste and Recovery Mitigation Fee Committee

g. CONSIDER whether to direct the Clerk of the Board’s Office to include findings regarding hybrid meeting compliance in the next phase of the Triennial Review.
Attachments
No file(s) attached.

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