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Arlai
CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 9,4553-A392
SPECIAL MEETING OF THE BOARD OF DIRECTORS:
DAVID R, WILLIAMS
CENTRAL CONTRA COSTA President
SANITARY DISTRICT MICHAEL R.MCGHL
President Pro Tem
ADMINISTRATION COMMITTEE PAUL CASEY
JAMES A.NEJEDLY
TAD J PHECKI
MINUTES
PHONE: (925)228-9500
FAX.- (925)372-0192
Tuesday, October 15, 2019 www.centralvan.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
Phil Leiber, Director of Finance and Administration
Emily Barnett, Communications and Intergovernmental Relations Manager (arrived
during Item 4.a.)
Danea Gemmell, Planning and Development Services Division Manager
Kevin Mizuno, Finance Manager
Donna Anderson, Assistant to the Secretary of the District
1. Call Meeting to Order
Chair Williams called the meeting to order at 8:37 a.m.
2. Public Comments
None.
3. Items for Committee Recommendation to Board
a. Conduct biennial review of Board Policy Nos. BP 003 - Hiring of District
Retirees and BP 021 - Social Media Communication
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Administration Committee Minutes
October 15, 2019
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Chair Williams suggested a several non-substantive changes to BP 003,
to which Member McGill agreed. Ms. Young said staff will present the
changes to the full Board at the November 7, 2019 meeting.
The Committee concurred with staff that no changes are needed to
BP 021.
COMMITTEE ACTION: Reviewed and recommended minor changes
to BP 003 — Hiring of District Retirees and no changes to BP 021 —
Social Media Communication.
b. Conduct biennial review and consider adoption of revisions to Board
Policy No. BP 029 - Debt Management and Continuing Disclosure
COMMITTEE ACTION: Recommended Board approval.
4. Other Items
a. Discuss customer assistance program alternatives, as requested by Board
of Directors at the April 18, 2019 meeting
Mr. Bailey reminded the Committee that at the April 18, 2019 rate hearing
several Board Members asked staff to bring information about potential
options for providing customer assistance to fixed-income seniors and/or
hardship cases with paying their annual sewer service charge. Mr. Leiber
reviewed an array of potential options ranging from discount programs that
would involve the use of Central San revenues and require significant
setup and administrative effort, to simple options that would involve
neither. Upon conclusion of his presentation, Mr. Leiber said staff was not
recommending any particular option at this time but was simply bringing
forth the information in response to the Board's request.
Member McGill thanked staff for the comprehensive research and
outstanding presentation and offered the following comments, concerns,
and considerations:
• The amount of staff time it would take to administer some of these
types of customer assistance programs.
• Ms. Barnett's input would be helpful as to (1) Central San customer
desires on this topic, and (2) her sense as to the timing and
likelihood of a state or federally mandated assistance program that
would affect wastewater agencies.
• How might implementation of a customer assistance program at
Central San impact the City of Concord, both financially and
politically?
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Administration Committee Minutes
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• If the decision were made to implement a customer assistance
program involving the use of Central San revenues, the Contra
Costa Taxpayers Association should be involved early in the
process.
• Mr. Alm's input would be helpful as to any Proposition 218
implications.
• The simplest approach would be including a link on Central San's
website to the State Controller's Office Property Tax Postponement
Program, as Mt. View Sanitary District has done, which allows
homeowners who are seniors, blind or have a disability to defer
current-year property taxes on their principal residence if they meet
certain criteria.
Chair Williams said he was trying to reconcile whether customer
assistance is a significant issue for Central San's ratepayers, given his
recollection that so few Proposition 218 protests have been received for
rate hearings in recent years and, of those, only a portion related to senior
citizen/hardship requests. He also said there is an issue of fairness
because others must make up the slack when discounts are provided.
Ms. Barnett framed the issue from the view of what is going on
legislatively in Sacramento in terms of water. It would appear that the
state wants to implement a blanket customer assistance program for water
customers, and it is probably only a matter of time before wastewater
customers are included. Also, she said it appears to make little difference
whether an agency has a customer assistance program already in place.
From a communications standpoint, Ms. Barnett said a customer
assistance program is never a bad thing; however, extensive discussion
about rates could open the door to comments that rates are too high,
which can take a lot of time and effort to refute. While staff is prepared to
carry out whatever the Board desires in this regard, she had no
recommendation one way or the other.
Ms. Gemmell commented regarding the City of Concord, stating that staff
is currently reviewing treatment plant and recycled water costs to assure
that the City is paying its share. She added that implementing a customer
assistance program at Central San could potentially put pressure on the
City to offer something similar to their customers.
Chair Williams asked Mr. Alm about potential Proposition 218 issues.
Mr. Alm said there is no case law on this topic, but Proposition 218 laws,
in general, are becoming more stringent in terms of the process for setting
rates. Because Central San is a single purpose agency, the underlying
issue is if a customer assistance program is subsidizing a portion of your
population and a significant portion of your revenue comes from the sewer
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Administration Committee Minutes
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service charge, then you must demonstrate that the source of funds is
legitimate and not just being moved from one pot to another. Having said
that, Mr. Alm opined that if the Board wishes to implement some type of
customer assistance program, it could likely be structured to be at low risk
of challenge to Central San.
Chair Williams noted that the approach used by Mt. View Sanitary District
(a link on its website to the state's Property Tax Postponement Program)
seems to be the very least that could be done.
Mr. Bailey noted that the District receives from Contra Costa County the
entire amount of the sewer service charge billed on the property tax roll; the
County is responsible for collecting any delinquencies. He asked if that has
any bearing on Proposition 218. Mr. Alm said that he is unaware of any
case law in that regard. He said he would be willing to present to the full
Board the basics of how a customer assistance program would be affected
by Proposition 218.
The Committee Members'concluding remarks were as follows:
Member McGill said, at a minimum, a link to the State Controller's Office
Property Tax Postponement Program should be added to Central San's
website. Other than that, he said he has no strong feeling one way or the
other about a customer assistance program. He expressed some
concerns about it being a "slippery slope"and the amount of staff time that
it could take to administer a program. He added that he never heard the
issue of hardship raised during his 2018 Board campaign. Ultimately, he
said he was unsure as to any next step.
Chair Williams queried whether this is a solution in search of a problem,
particularly for Central San's customer base. There has been so little
customer feedback in terms of financial hardship that it does not seem to
be a big issue. He thanked staff for the comprehensive presentation but
said he was inclined to wait and see what develops legislatively with a
potential state-mandated program.
Member McGill suggested that Chair Williams emphasize this discussion
at the November 7 Board meeting when the minutes of this meeting are
reviewed to see if there is interest in a presentation to the full Board.
Chair Williams concurred.
COMMITTEE ACTION: Recommended including a link on Central
San's website to the State Controller's Office Property Tax
Postponement Program, and to determine at the November 7, 2019
Board meeting if the other Board Members wish to receive a similar
presentation on this topic at a future meeting.
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Administration Committee Minutes
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5. Announcements
a. Mr. Bailey asked about adding a question to the next customer survey
regarding potential customer assistance programs. Ms. Barnett said the
question could be cross-referenced to better understand customer income
as part of the responses. Member McGill suggested that if staff believes
such a question makes sense, it should first be reviewed by the
Administration Committee.
b. Mr. Bailey announced that, thus far, there have been no reports of
damage to the treatment plant from the 4.5 earthquake centered in
Pleasant Hill at 10:33 p.m. last night.
6. Future Scheduled Meetings
Tuesday, October 22, 2019 at 8:30 a.m.
Tuesday, November 5, 2019 at 8:30 a.m.
Tuesday, December 4-017, 2019 at 8:30 a.m.
7. Suggestions for Future Agenda Items
a. Receive list of upcoming agenda items and provide suggestions for any
other future agenda items
COMMITTEE ACTION: Received the list.
8. Adjournment— at 9:31 a.m.
November 7, 2019 Regular Board Meeting Agenda Packet- Page 362 of 414