HomeMy WebLinkAboutAdministration MINUTES 03-12-19 Page 2 of 7
ol&)i Cwil ENTRAL SAN
CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9AS53-A392
REGULAR 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
Tuesday, March 12, 2019 www.centralsan.org
8:30 a.m.
Executive Conference Room
5019 Imhoff Place
Martinez, California
Committee:
Chair David Williams
Member Mike McGill
Guests:
John D. Bakker, Esq. — Meyers Nave (present for Item 6.a.)
Daniel Clinton, Esq. — Hanson Bridgett (left after Item 4.a.)
Staff.-
Roger S. Bailey, General Manager
Katie Young, Secretary of the District
Kenton L. Alm, District Counsel (left after Item 6.a.)
Ann Sasaki, Deputy General Manager
Phil Leiber, Director of Finance and Administration
Teji O'Malley, Human Resources Manager
Timothy Potter, Environmental Compliance Superintendent (arrived during Item 6.a. and
left after Item 8.a.)
Todd Smithey, Finance Administrator (arrived during Item 6.b. and left after Item 6.c.)
Donna Anderson, Assistant to the Secretary of the District
1. Call Meeting to Order
Chair Williams called the meeting to order at 8:31 a.m.
2. Public Comments
None.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 199 of 204
Page 3 of 7
Administration Committee Minutes
March 12, 2019
Page 2
3. Announce Closed Session (pursuant to Government Code Section 54957.7)
District Counsel Kent Alm announced that a closed session would be held for
Item 4.a.
4. Closed Session
a. Personnel matters pursuant to Government Code Section 54957: Public
Employee Discipline/dismissal/Release
5. Report out of Closed Session
The closed session ended at 9:05 a.m. There was nothing to report.
6. Items for Committee Recommendation to Board
a. Review draft Position Paper to authorize the General Manager to amend
and extend the contract with Meyers Nave for legal services effective
April 1, 2019 through December 31, 2019
Ms. Sasaki briefly reviewed the updated information included with the
agenda materials.
The Committee discussed the proposed Meyers Nave rates with
Mr. Bakker who noted that the Senior Principal rate had not been
increased in the last few years most likely because that rate category was
rarely, if ever, used. Mr. Alm confirmed that was the reason no change
was made to that rate when he received his last rate increase in 2016.
In response to a question from Member McGill, Mr. Alm explained that
Tivonna Stern, a Meyers Nave Senior Associate, has begun to fulfill the
half-day-per-week office hours as part of the Meyers Nave retainer. Any
unused retainer hours will be used for follow-up work on matters begun
during the half-day-per-week office hours, which he believes will probably
be sufficient.
Mr. Alm explained how the retainer will be billed for those instances when
he is unavailable. The retainer can be broken down into daily, weekly or
monthly rates depending on the amount of time he is absent. His retainer
billings will be proportionately decreased for those times when Meyers
Nave assumes District Counsel duties.
Chair Williams pointed out a typo on the strike-out version of the proposed
contract. Mr. Bakker said he will correct it on the final version that is
presented to the Board.
COMMITTEE ACTION: Recommended Board approval.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 200 of 204
Page 4 of 7
Administration Committee Minutes
March 12, 2019
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b. Review material in advance of March 21, 2019 public hearing for annual
review of Board Member compensation and benefits
Ms. Young presented the material in the agenda packet. Member McGill
asked to have survey include information for the County Board of
Supervisors. Chair Williams requested that the surveyed cities be
incorporated into Attachment 3 (the meeting stipend list in ranked order).
Ms. Young said that information would be included for the upcoming public
hearing.
Mr. Potter asked why medical and other benefits were not included in
Attachment 3, stating it would be helpful to have a relative ranking of total
compensation.
Mr. Bailey said that would be a much more complex process, given the
differences in benefits among the surveyed entities. He said Human
Resources will need to become involved if total compensation data is
desired.
COMMITTEE ACTION: Provided input to staff.
C. Review draft Position Paper to adopt resolutions to contract with CalPERS
for the District's health plans
Ms. O'Malley said preparations for the transition to Ca/PERS for
healthcare benefits is in the home stretch. One of the requirements is to
adopt 15 resolutions, three for each of the five bargaining units/employee
groups specifying:
1) Employer contributions;
2) Survivor benefits for deceased employees; and
3) Survivor benefits for deceased retirees.
Member McGill said the most important thing in his opinion is to keep the
employees and retirees whole, so if the proposed resolutions do that, he
was supportive. Ms. O'Malley assured him that the proposed resolutions
are consistent with the memoranda of understanding (MOUs), other than a
few minor items that are specific to plan design but do not affect coverage.
Ms. Sasaki pointed out that there is an added benefit to the PEMHCA
minimum in that only five years of service (or reciprocal service with
another Ca1PERS agency) instead of the current ten years are required to
be able to access the CaIPERS plans upon retirement, and the District
would have to pay the PEMHCA minimum employer contribution.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 201 of 204
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Administration Committee Minutes
March 12, 2019
Page 4
Mr. Potter inquired as to how the additional amount that must be paid for
retirees will be handled. Ms. O'Malley said it will be handled
administratively through a Health Reimbursement Account (HRA), which
will be seamless to retirees. The HRA needs to be put in place to meet
Internal Revenue Service (IRS) regulations.
A brief discussion took place as to the efforts required to reach all retirees
who must make elections during the upcoming open enrollment period.
Ms. O'Malley said there may be some retirees who are unreachable
through every available channel. While staff will make every attempt to
reach all of them, to the extent some may not be locatable, they may be
placed in a default/comparable plan to maintain their coverage and will
have the opportunity to change plans at the next open enrollment period in
October 2019.
Mr. Smithey announced that the actuarial evaluation recently provided by
Bartel Associates, LLC indicated that the Other Post-Employment Benefits
(OPEB) Trust was funded at 77% as of January 31, 2019, as opposed to
50% at the previous evaluation.
COMMITTEE ACTION: Recommended Board adoption of the 15
proposed resolutions.
7. Other Items
a. Discuss premium rates for retired and former Board Members upon
transition to CaIPERS Healthcare
Ms. O'Malley recalled that at the last meeting it was noted that staff had
received conflicting information from CalPERS about Board Member
access to the new CalPERS group premium rates. She said annuitants
(retirees, including Board Members) must meet two eligibility requirements
before becoming eligible for the CalPERS health plans: 1) they must be
an annuitant, and 2) they must begin drawing benefits within 120 days of
separation from the District.
At the present time, two former Board Members are covered by Central
San's health plans:
1) Barbara Hockett, who is in Tier 2, is being reimbursed for 50% of
the Kaiser premium rate. Ms. Hockett has elected to obtain
coverage outside of the District's plan offerings but receives a
monthly reimbursement for half the amount of the Kaiser monthly
premium. She currently has the option of opting back in to the
District's plans.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 202 of 204
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Administration Committee Minutes
March 12, 2019
Page 5
2) Nels Carlson, who is in Tier 1, is receiving full coverage at District
expense for a preferred provider option (PPO) plan.
Ms. O'Malley said neither of these Board Members is considered
"annuitants"for CaIPERS purposes because they never participated in the
District's pension plans. She said going forward, however, all Board
Members will meet this eligibility requirement if they elect to be an
annuitant under the District's 457 deferred compensation plan.
With the switch to Ca1PERS, Ms. Hockett will no longer have the option of
opting back into the District's health care coverage, but she will continue
to be eligible for 50% reimbursement of the Kaiser premium level.
Mr. Carlson, however, through no fault of his own, must find new health
coverage because of the District's decision to transition to Ca1PERS.
Ms. O'Malley said she was seeking the Committee's input as to how best
to address this situation.
Mr. Potter said he believes that keeping people whole is an important
concept, whether employees, Board Members or retirees. The Committee
Members agreed. Mr. Bailey said the switch to Ca1PERS is based on a
negotiated agreement. Everyone else is being made whole in this process
and it is important that Mr. Carlson be treated fairly.
Ms. O'Malley said Mr. Carlson, who is 91 years old, will have to find his
own coverage and, without some special dispensation, he may not get
fully reimbursed by the District. She suggested one option for keeping him
whole was to allow Mr. Carlson to find an equivalent plan outside of
Ca1PERS and reimburse him at the same level as at present.
Ms. O'Malley said staff will be speaking with Mr. Carlson and provide a
methodology going forward to determine what his premium will be.
Chair Williams asked if Board approval will be required for a special
dispensation with respect to Mr. Carlson. Mr. Bailey said staff will consult
with District Counsel on that issue.
COMMITTEE ACTION: Provided input to staff.
b. Update on transition to CalPERS Healthcare
Ms. O'Malley said everything is on track for the July 1, 2019 transition.
COMMITTEE ACTION: Received the update.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 203 of 204
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Administration Committee Minutes
March 12, 2019
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8. Announcements
a. Mr. Bailey said he just received notice that the Consumer Price Index
came in at 3.5%, which will be used for the April 18 salary adjustments
under the MOUs.
COMMITTEE ACTION: Received the announcement.
9. Future Scheduled Meetings
Tuesday, April 16, 2019 at 8:30 a.m.
Tuesday, May 14, 2019 at 8:30 a.m.
Tuesday, June 4, 2019 at 8:30 a.m.
10. Suggestions for Future Agenda Items
a. Receive list of future agenda items
COMMITTEE ACTION: Received the list.
11. Adjournment— at 10:11 a.m.
March 21, 2019 Regular Board Meeting Agenda Packet- Page 204 of 204