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
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Administration Committee Minutes
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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
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Administration Committee Minutes
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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.
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Administration Committee Minutes
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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.
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