HomeMy WebLinkAboutAdministration MINUTES 04-06-21 Page 2 of 8
CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 9A553-A392
BOARD OF DIRECTORS:
MEETING OF THE TA°IPILECK'
President
CENTRAL CONTRA COSTA DAVID R. WILLIAMS
SANITARY DISTRICT President Pro Tem
ADMINISTRATION COMMITTEE
BARBARA°URITZEN
MICHAEL R.MCGILL
MINUTES PHONE: (925)228-9500
TAX- (925)372-0192
Tuesday, April 6, 2021 www.centralsan.org
9:00 a.m.
(All attendees participated via videoconference)
Committee:
Chair David Williams
Member Tad Pilecki
Guest:
Donna Anderson (left after Item 4.b.)
Staff.
Roger S. Bailey, General Manager
Katie Young, Secretary of the District
Philip Leiber, Director of Finance and Administration
Steve McDonald, Director of Operations
Danea Gemmell, Planning and Development Services Division Manager
Benjamin Johnson, Internal Auditor (left after Item 4.b.)
Emily Barnett, Communications & Government Relations Manager (arrived during Item 4.b.)
Kevin Muzino, Finance Manager (left during Item 4.b.)
Teji O'Malley, Human Resources and Organizational Development Manager
Christina Gee, Management Analyst
Amelia Berumen, Provisional Assistant to the Secretary of the District
1. Public Notice Regarding COVID-19
This meeting was held in accordance with the Brown Act as in effect under the
State Emergency Services Act, the Governor's Emergency Declaration related
to COVID-19, and the Governor's Executive Order N-29-20 issued on
March 17, 2020 that allowed Board Members, District staff, and the public to
participate in and conduct the meeting by teleconference, videoconference, or
both. The agenda included instructions for options in which the public could
participate in the meeting.
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Administration Committee Minutes
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2. Call Meeting to Order
Chair Williams called the meeting to order at 9:00 a.m.
3. Public Comments
None.
In response to an inquiry by Member Pilecki's of the content of the agenda and
whether any items may need to be heard out of order due to time sensitivity,
Mr. Bailey requested Item 4.c. be heard as the first order of business.
4. Items for Committee Recommendation to Board
a. Review Draft Position Paper to Consider Adopting New Board Policy No.
BP 043 - Buffer Property Management, Effective Immediately
This item was heard immediately following Item 4.c.
Member Pilecki commented that staff did a great job incorporating the
Committee's comments and drafting the policy. Chair Williams agreed.
COMMITTEE ACTION: Reviewed and recommended Board approval.
b. Review Draft Position Paper to Consider Taking the Following Actions:
• Amend and Retitle Board Policy (BP) No. BP 013 — Standing
Committees, Protocols, Guidelines and Charters
• Adopt New BP 044 — Board Leadership and Community
Representation
• Adopt New BP 045 — Board Compensation, Benefits, And Expense
Reimbursement, And
• Rescind Resolution Nos. 2012-018 and 2015-008
Ms. Young reviewed the draft Position Paper included in the agenda
material and the Committee reviewed each policy in detail.
BP 013 - Standing Committee, Protocols, Guidelines and Charters
Member Pilecki suggested including a provision in the policy regarding the
expected time length of the Committee meetings. Chair Williams and Mr.
Bailey opined that including a meeting length schedule was unnecessary.
In conjunction with a suggestion from Member Pilecki, there was a lengthy
discussion regarding an addition of a fifth committee that would focus on
regulatory and legislative issues. Chair Williams stated that he is not a
proponent of extending staff's workload but agreed that such a committee
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Administration Committee Minutes
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would be beneficial as long as there was enough information for a
meeting. Mr. Bailey stated that staff could arrange to conduct meetings
during the "busy"legislative time of the year(January-August). It was
concluded that staff would bring BP 013 back to the Committee at a future
meeting for further discussion on possibly adding a Regulatory/Legislative
Committee. Staff will be performing its due diligence and research to
provide input to the Committee on this matter.
Ms. Young advised the Committee that currently BP 013 does not include
the process in which the Committee representatives are chosen; it was
decided that topic would be brought back for further discussion at a future
meeting.
The Committee recommended Board approval with the recommended
changes by staff and information provided by the Committee.
BP 044— Board Leadership and Community Representation
Member Pilecki suggested minor word corrections to the policy.
Member Pilecki requested staff seek District Counsel advice on Item 1.c.,
Exceptions to Rotation Schedule, whether a simple or super majority vote
is needed to deviate from the rotation schedule provided in the proposed
Board Policy.
In addition to the nine organizations already represented by the Board,
Member Pilecki suggested that it would be beneficial for Central San to
appoint Board representatives to the regional State Water Resources
Control Board (SWRCB) and the Bay Area Air Quality Management
District (BAAQMD). Chair Williams concurred.
The Committee recommended Board approval with the corrections
provided to staff.
BP 045 - Board Compensation, Benefits and Expense Reimbursement
Member Pilecki provided staff with minor wording changes to the policy,
including adding the words "non-travel"to the title to make the document
consistent.
In discussion regarding stipendable events, Ms. Young reminded the
Committee that at the Board Self-Evaluation Workshop in January 2020,
the Board went through line-by-line and voted on events/meetings that
they agreed qualified for a stipend. Member Pilecki requested that words
"Board Workshops"be included in the Activities Eligible for Meeting
Stipends.
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Administration Committee Minutes
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Under the benefits section, Member Pilecki asked whether the District
paying the PEMHCA (Public Employees'Medical and Hospital Care Act)
minimum for Board Members upon separation would violate a government
code that prohibits an agency paying any amount towards post-service
benefits for Board members. Ms. O'Malley stated that the State code,
which governs Ca1PERS, does require that the PEMCHA minimum be
paid on behalf of Board Members as a requirement for an agency to
participate in the Ca1PERS Healthcare plan. She noted that although
there seems to be a contradiction between the two code sections, she
verified with the District's benefits counsel that District payment of the
PEMHCA minimum is compliant with both code sections.
Upon discussion of electronic devices, Member Pilecki suggested adding
laptops to be included as an option for Board Members. Ms. Young
advised that she would present the Committee with an updated BP 014 —
District Owned Mobile Computing Devices for Board Members at a future
meeting.
In conclusion, the Committee recommended Board approval of the
proposed BP 045 with minor changes provided by the members.
In response to a question from Chair Williams, Ms. Young stated that the
Board Handbook and the proposed BP 045 cross-reference information
for the members. The handbook is provided for new Board Members as a
general guideline. She further stated that the Board Policy will be reviewed
biennially and easier to navigate than the Resolutions.
To clarify, the Committee decided to move forward with all of the
recommended Board Policies provided by staff. Direction was provided on
BP 013— Standing Committees regarding a potential additional of a Board
Committee on Regulatory/Legislative issues and the process in which
Committee members are assigned to each committee, to be returned for
further discussion at a future Administration Committee meeting.
COMMITTEE ACTION: Reviewed and recommended Board approval
of the three policies with revisions provided to staff.
C. Review Draft Position Paper to Consider Adopting New Board Policy No.
BP 046 — Regulatory Accounting
This item was heard before Item 4.a.
Mr. Leiber reviewed the draft Position Paper included in the agenda
material addressing the adoption of a proposed policy on Regulatory
Accounting. The policy would address situations for certain expenditures
or revenues that would be normally be recognized in a single accounting
period or treated as an Operations and Maintenance (O&M) item.
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Administration Committee Minutes
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Nonetheless, a significant rationale may exist for recognizing them over
multiple years or treating them as capital expenditures.
Governmental Accounting Standards Board (GASB) 62 provides that a
regulator or governing board with ratemaking authority may elect to adopt
regulatory accounting treatment for such items. Staff has developed the
proposed Board Policy and associated Administrative Procedure (AP) to
specify the situations in which this would be allowable, and the process for
authorizing such items.
Member Pilecki expressed awareness of several situations at Central San
where O&M versus Capital expenditures treatment had been specified
based on input from District Counsel and other factors and noted that the
policy would provide for a significant change from past practice. The issue
of the cost treatment for the Wastewater Master Plan and other studies
was discussed.
Mr. Leiber noted that the policy would be limited in its application, primarily
to expenditures closely related to projects in the Capital budget, and that
all items to be treated under regulatory accounting would be reviewed and
approved by the Board.
Member Pilecki requested that the policy be reviewed by the District's
outside auditors Maze &Associates. Mr. Leiber advised that he did reach
out to GASB to discuss whether or not GASB 62 applied to the District and
stated he would also discuss it with Maze &Associates. Member Pilecki
requested Mr. Leiber add the information received from GASB to the
Position Paper.
Chair Williams believes that the situations for the use of the regulatory
accounting treatment would be limited and expressed satisfaction that the
Board would be reviewing the treatment on a case-by-case basis.
Mr. Leiber advised the Committee that, normally, the Board does not
review Administrative Procedures, but staff wanted to include the
procedures in order for the Board to see the specific guidelines on the
permissible situations. It was emphasized that the Board makes the
ultimate decision in each case, and that this policy would provide
opportunities for improved intergenerational equity, where the
beneficiaries of the particular projects and initiatives are paying for them
over their usage period.
Mr. Bailey advised the time is of the essence in relations to the
Information Technology (IT) Master Plan and its treatment in the upcoming
draft budget, which is scheduled to be provided to the Board on May 6. He
stated that considering time constraints, staff will obtain input from Maze &
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Administration Committee Minutes
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Associates and proceed to present the policy for Board review, with a
report on any such feedback received from the auditors.
Member Pilecki suggested that since the regulatory accounting treatment
could impact proposed rate increases, the information about proposed
expenditures to be treated under the policy should be provided to the
Board in advance of the public hearings when rates are reviewed. Staff
agreed that was the best situation and is the intent of the policy.
Member Pilecki provided some minor changes to the Position Paper
before presenting to the Board.
It was determined that the Committee supported bringing the policy
forward for Board consideration, with a report from staff of any feedback
obtained from Maze &Associates.
COMMITTEE ACTION: Reviewed and recommended Board approval,
subject to staff providing a report of any comments from Maze &
Associates on the policy.
5. Other Items
a. Conduct Biennial Review of the Following Board Policies:
A. BP 001 - Employee Computer Loan Program
B. BP 002 - Diversity Statement
C. BP 016 - Security
Regarding BP 001 — Employee Computer Loan Program, Member Pilecki
inquired about the interest rate set for the program. Mr. Leiber stated that
it is based off on Local Agency Investment Fund (LAIF) rates. No changes
were requested of the current policy.
The Committee had no changes to BP 002.
Regarding BP 016— Security, Member Pilecki suggested adding IT
systems to the policy. Ms. Young stated the addition of the IT systems
would be reviewed and returned to the Committee if changes were made.
COMMITTEE ACTION: Reviewed the information and provided input
to staff regarding revisiting review of BP 016. The Committee
concurred with staff that no changes were needed for BP 001 and BP
002.
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Administration Committee Minutes
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b. Provide Direction on Recreational Vehicles (RV) Receiving Station, District
Project (DP) 7375
Member Pilecki agreed with staff's recommendation regarding the self-
service and the hours of operations but suggested to provide the RV
Receiving Station at no charge to participants for the first couple of years
in order to establish the program. Chair Williams agreed.
COMMITTEE ACTION: Discussed and provided input to staff.
C. Review Timelines (Gantt Charts) For Activities Related to Upcoming Labor
Negotiations with the Management Group, Management
Support/Confidential Group, and Public Employees Union, Local #1
The Committee reviewed the Gantt Charts and provided feedback to staff.
Chair Williams stated that he strongly believes that in order to maintain
good faith in the bargaining process, both the negotiators and the unions
exchange proposals concurrently.
COMMITTEE ACTION: Discussed and provided direction to staff.
6. Announcements
Mr. Bailey announced that during the special Closed Session Board
Meeting this Thursday, the Board will conduct consultant interviews for a
District negotiator.
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 and provided input to staff.
8. Future Scheduled Meetings
Tuesday, May 4, 2021 at 9:00 a.m.
Tuesday, June 8, 2021 at 9:00 a.m.
Tuesday, July 6, 2021 at 9:00 a.m.
9. Adjournment— at 10:24 a.m.
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