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HomeMy WebLinkAboutAdministration MINUTES 01-30-19 Page 2 of 5 ol&)i Cwil ENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9AS53-A392 SPECIAL MEETING OF THE BOARD OF DIRECTORS: DAVID R, WILLIAMS CENTRAL CONTRA COSTA President SANITARY DISTRICT MICHAEL R.MCGILL President Pro Tem ADMINISTRATION COMMITTEE PAUL CASEY JAMES A.NEJEDLY TAD J PHECKI MINUTES PHONE: (925)228-9500 FAX.- (925)372-0192 Wednesday, January 30, 2019 www.centralsan.org 8:30 a.m. Executive Conference Room 5019 Imhoff Place Martinez, California Committee: Chair David Williams Member Mike McGill Staff.- Roger S. Bailey, General Manager Katie Young, Secretary of the District Kenton L. Alm, District Counsel Ann Sasaki, Deputy General Manager Phil Leiber, Director of Finance and Administration Melody LaBella, Program Manager-Resource Recovery (left after Item 3.a.) Donna Anderson, Assistant to the Secretary of the District 1. Call Meeting to Order Chair Williams called the meeting to order at 8:39 a.m. 2. Public Comments None. 3. Items for Committee Recommendation to Board a. Review draft Position Paper approving proposed revisions to Central San's Board Policy No. BP 027 - Energy Ms. LaBella explained that the Board's Energy Policy was due for its biennial review and that staff was recommending changes to simplify the February 21, 2019 Regular Board Meeting Agenda Packet- Page 104 of 111 Page 3 of 5 Administration Committee Minutes January 30, 2019 Page 2 policy while maintaining its original intent. She said new wording was incorporated to emphasize energy conservation and efficiency measures because of Central San's increasing interaction with wastewater agencies in Europe, which stress the importance of efficiency and conservation first, then switching to renewable energy sources afterward. A new Paragraph "e."was added to consider potential human health, safety and environmental impacts, which is consistent with the District's mission and values. Staff has proposed no changes to the cost-effectiveness criteria for energy projects. Member McGill said he was fine with the proposed changes. Chair Williams liked the proposed changes in that they simplify the policy, making it more concise. With that in mind, he suggested that Paragraphs b., c., d. and f. be eliminated because their intent is included in the earlier paragraphs. Since this issue is not time sensitive, Chair Williams asked for a revised policy draft to be brought back to the Committee for one more look before making a recommendation for Board approval. COMMITTEE ACTION: Requested an updated draft of BP 027 - Energy incorporating the Committee's feedback be brought back to the Committee for review at a future meeting. 4. Other Items a. Receive memorandum from District Counsel regarding travel paid for by outside organizations Mr. Alm said his memorandum was in response to staff inquiries about when it is permissible to accept funding from an outside organization for a conference, associated travel and accommodation expenses and, if so, whether it is reportable on the recipient's Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests). Mr. Alm explained that Section 89506 of the Political Reform Act allows receipt of such gifts under certain specific circumstances, with specific criteria for those circumstances, which are set forth in the memorandum provided with the agenda materials. Travel in connection with a speech given by an employee or Board Member of a local government agency is one such circumstance. Another such circumstance would allow gifts for travel outside the United States, provided certain specific criteria are met, such as when funding is provided by an organization domiciled outside the United States which February 21, 2019 Regular Board Meeting Agenda Packet- Page 105 of 111 Page 4 of 5 Administration Committee Minutes January 30, 2019 Page 3 substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. However, even if such a gift is not prohibited, the public official must report such funding/gift on his or her Form 700. Mr. Alm noted that his memorandum goes into more detail on this topic. Member McGill recalled hearing at a recent conference that the gift limit does not apply to an individual if payment is made directly to the District rather than to the employee or Board Member. Mr. Alm indicated that is possible, but having an established policy in terms of distribution and use of gifts would be advisable. Such a policy would have to establish an independent process where the benefit of a gift goes to the agency and the agency in turn independently selects an employee or Board Member to utilize a gift such as tickets to an event. This could potentially insulate the individual and agency from any prohibition that might occur. Mr. Bailey said he was not in favor of such a policy, and President Williams opined that it would be difficult to implement. Mr. Alm did not disagree. Member McGill said he will look up his earlier conference notes to see what other underlying questions he had regarding the potential merits of a policy on receipt of gifts. Mr. Alm said he would be glad to conduct additional research if the Committee wishes him to pursue this topic further. In his view, the main issues are whether a safe haven policy may be appropriate for Central San, and what is the dividing line between reporting and not reporting gifts of expenses that are legitimate for the profession of the individual who received the gift. Member McGill said he, as a Central San Board Member, also would be interested in information on the reporting of campaign contributions. Mr. Alm said Board Members who serve on other public boards as a representative of the District are subject to a $250 contribution limit from any person or entity that comes before that other public board. COMMITTEE ACTION: Received the information and requested that Mr. Alm conduct further research into the merits of developing a safe haven policy on gifts received by employees or Board Members, and the dividing line between reporting and not reporting gifts of expenses that are legitimate for the profession. February 21, 2019 Regular Board Meeting Agenda Packet- Page 106 of 111 Page 5 of 5 Administration Committee Minutes January 30, 2019 Page 4 b. Update on transition to CaIPERS Healthcare Ms. Sasaki briefly reviewed the memo that was included with the agenda material and said everything looks to be on track for the transition to be effective July 1, 2019. She said the Section 125 plan documents will need to be updated because of the transition to CaIPERS Healthcare. Staff is working with Labor Counsel and should have something ready to present to the Committee in the near future. COMMITTEE ACTION: Received the update. C. Receive list of future agenda items COMMITTEE ACTION: Received the list. 5. Announcements None. 6. Future Scheduled Meetings Tuesday, February 19, 2019 at 8:30 a.m. Tuesday, March 12, 2019 at 8:30 a.m. Tuesday, April 16, 2019 at 8:30 a.m. 7. Suggestions for Future Agenda Items a. Chair Williams said he received an email from Stephen Maris (who ran for the Central San Board in the 2018 general election) expressing concern that he is unable to see who is speaking at the podium or their presentation when viewing Board meeting videos. It was noted that staff is in the process of(1) evaluating options to address Mr. Maris'concerns and their associated costs, and (2) gathering data as to whether any others have expressed similar concerns. Member McGill noted that when originally contemplating converting to video-recorded meetings and brief action minutes, concerns had been raised as to potential grandstanding by Board Members and/or members of the public. He wanted it reflected in the minutes that neither has occurred. 8. Adjournment — at 9:56 a.m. February 21, 2019 Regular Board Meeting Agenda Packet- Page 107 of 111