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    5.    
INTERNAL OPERATIONS COMMITTEE
Meeting Date: 06/12/2017  
Subject:    Triennial Advisory Body Review – Phase III Report
Submitted For: David Twa
Department: County Administrator  
Referral No.: IOC 17/7  
Referral Name: Advisory Body Triennial Review
Presenter: Jami Napier, Chief Asst. CoB Contact: Jami Napier (925) 335-1908

Information
Referral History:
The Board of Supervisors is the governing authority for a large number of boards, commissions and committees serving a variety of governmental functions, both mandatory and discretionary. The Board approved Resolutions (2012/497 and 2012/498) to formalize a "triennial sunset review process" of these bodies so that a third of the total are reviewed annually. The Board approved Phase I of this review on December 5, 2016, and Phase II on March 21, 2017.
Referral Update:
Summary Findings for Phase III
All of the bodies reviewed in this period are fulfilling their function and no major changes are recommended. A number of bodies requested assistance in filling their vacancies, as was also reported in the Phase II review. The Chief Assistant Clerk of the Board, whose office tracks Board appointments, has been requested to work with each Board office in improving outreach when vacancies are identified for this purpose, and to report back on these efforts by July 2017.

Additionally, as mentioned in the Phase II Triennial Review report, refresher training to County employees staffing these bodies would be beneficial on topics such as the required annual report of activities for committees, tracking meeting agendas and minutes, as well as budget oversight and general record keeping to ensure continued compliance with the California Brown Act and County Better Government Ordinance.

No changes to bylaws, membership requirements, or seat structure are recommended for committees except those highlighted in the summary findings. Below is a list of bodies included in the Phase III reviews that are either mandated to exist or are discretionary to the Board, and a brief description of each body follows.

MANDATED COMMISSIONS OR COMMITTEES:
  1. Alamo-Lafayette Cemetery District
The Cemetery District 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 the California State Health & Safety Code §9000. The District staff report that revenues received from property taxes and burial sales have been insufficient to cover operational expenses and the District Board is exploring alternatives to ensure continued financial viability.
  1. Byron-Brentwood-Knightsen Cemetery District
The Cemetery District 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 the California State Health & Safety Code §9000.
  1. Public Law Library
The Board of Trustees governs the Law Library pursuant to the California Business and Professions Code 6300. The Law Library's mission is to provide all members of the community access to research materials to aid in understanding and preserving legal rights at three full-time sites with the assistance of trained staff. Two-thirds of the customers served in the law library sites are members of the general public.

Staff for the Public Law Library has requested the assistance of the County in advocating for changes in their revenue sources. The State froze the portion of court filing fees going to the Law Library at $35 in 2007. This source represents 90-95% of the Law Library’s budget. Since that time, operational costs have continued to increase, which has required reducing the staff support from five to three positions. Without an increase to the Law Library portion of the court filing fee, staff believes the continued existence of the Public Law library is in jeopardy. It is recommended that this issue be referred to the Board’s Legislation Committee to determine if the County should advocate to the State on behalf of the Public Law Library to improve the funding source available for this service.
  1. Fish and Wildlife Committee
The role of this committee is to advise the Board of Supervisors on fish and wildlife issues and make recommendations for the expenditure of funds from the Fish and Wildlife Propagation Fund (Fish and Game Code Section 13103). Over the last three years, $224,210 has been granted for 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.

The Fish and Game Code section 13103 (j) states that secretarial service, travel and postage for this function may not exceed three percent of the average received in the fund for the previous three years or $3000, whichever is greater. Currently the staff support provided by Conservation and Development exceeds this amount and is being absorbed by the General Fund. Staff recommends evaluating a change to the meeting frequency (from 12 to 6 annually) to reduce the time spent by staff on this activity, which may require a restructuring of the grant reimbursement process.
  1. North Richmond Waste and Recovery Mitigation Fee Committee
This committee has existed since 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.
  1. Workforce Development Board
Federal legislation requires that an authorized workforce board be in place in order to receive funding for these activities. The Workforce Development Board of Contra Costa County is the access point for employment-related and training services, which involves developing local plans, identifying providers of services, monitoring system performance, and helping to develop the labor market information system.

Via four job center sites, job seekers have access to basic and individualized career services and training services available countywide. Priority is given to populations who are the most in need or have the greatest challenges to employment: low-income individuals, those formerly incarcerated, current and former foster youth, and individuals with disabilities, English language learners, and low basic skill inventories.

The Workforce Board has recommended an update to its by-laws that will be brought to the Board of Supervisors for approval after the review by County Counsel is completed.

DISCRETIONARY COMMISSIONERS OR COMMITTEES:
  1. Affordable Housing Finance Committee
This committee was established in 1995 to develop recommendations for the Board regarding the allocation of Community Block Grant and HOME Investment Partnership Act funds. The Committee, staffed by the Department of Conservation and Development, reviews the developers’ qualifications, cost effectiveness of the proposal, the need for the type of housing proposed, and the feasibility of the proposed financing.
  1. Managed Care Commission
This committee was established in 1995 with the goal of advising the Health Services Director and Board of Supervisors regarding health insurance needs for the community and to promote the Contra Costa Health Plan. The targeted populations within the county are recipients of Medi-Cal, Medicare, undocumented children and medically indigent persons.

The staff review of this commission results in a recommendation to add one additional seat for a Medicare subscriber for a senior or person with disabilities as this is required by the National Committee for Quality Assurance. Additionally, due to the challenge in finding physicians with sufficient time to serve on the Commission, it is recommended that this seat designation be broadened in title to “medical provider” to include Nurse Practitioners, Physician’s Assistants and Optometrists.
  1. Treasury Oversight Committee
The Board established this committee on November 6, 1995 to allow 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.

This committee was initially mandated under the Government Code but this requirement was suspended by the State in 2004. The Treasurer recommends the committee continue to exist to allow 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.
  1. Iron Horse Corridor Management Program Advisory Committee
This committee was authorized by the Board of Supervisors in 1997 to assist the County in managing the former Southern Pacific Railroad right-of-way known as the Iron Horse Corridor, which extends 18 miles from Mayette Avenue in Concord to the Alameda County line (through BOS Districts II and IV). The Board directed the committee develop a management program, which included mapping the existing right-of-way, taking inventory of all existing license agreements and uses, establishing criteria for the continued operation of the right-of-way as a joint use facility, landscaping, developing public education information, and creating funding mechanisms to cover program costs.
  1. Fire Protection District Advisory Commission
The purpose of the Commission is to advise the Fire Chief and Board of Supervisors regarding goals and objectives of the District, the operations and capital budgets, and declarations of fire apparatus and equipment as surplus; and provide a liaison with the community. The Commission also serves as the Appeals Board on weed abatement matters.
  1. Keller Canyon Mitigation Fund Review Committee
The Keller Canyon Landfill Mitigation Fund process was established in August 1992. 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.
Recommendation(s)/Next Step(s):
ACCEPT the Triennial Review Phase III Report and the specific recommendations summarized below:
  1. Direct staff to report back by July 2017 with a plan to increase outreach for filling vacant Board committees and commissions that includes working with each Board office to advertise openings in their specific District with a goal of encouraging diverse representation on these bodies.

  2. Direct staff to provide refresher training to employees staffing these committees on administrative and fiscal requirements and procedures.

  3. Direct Conservation and Development Department staff to evaluate the cost of staff support for the Fish and Wildlife Committee, and explore whether modifying the number of meetings from 12 to 6 annually is appropriate.

  4. Request the Managed Care Commission update its by-laws to add one additional seat for a senior or person with disabilities, and to broaden the seat description designated for a physician to a “medical provider”.

  5. Refer to the Board’s Legislation Committee a request for the County to advocate to the State on behalf of the Public Law Library to improve the funding source available for this service.
Fiscal Impact (if any):
None.
Attachments
No file(s) attached.

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