Loading...
HomeMy WebLinkAbout5.a. Conduct biennial review of the following Board Policies, BP 006, BP 011, BP 018, BP 030, BP 032 Page 1 of 9 Item 5.a. ,orVIOIN SAN July 6, 2021 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: CONDUCT BIENNIAL REVIEW OF THE FOLLOWING BOARD POLICIES: • BP 006 - RECORDS PROGRAM • BP 011 - PROPOSITION 218 NOTICE • BP 018 - SICK LEAVE FOR TEMPORARYEMPLOYEES • BP 030 - COST OF SERVICE STUDIES • BP 032 - REIMBURSEMENT OF TOASTMASTER DUES Attached are copies of the above referenced Board Policies, which are being presented to the Committee for biennial review. Staff has no recommended changes to these existing policies. If the Committee concurs, the policies will remain as it is and will be reviewed again in two years. However, if the Committee recommends changes, the policy will be brought to the full Board for consideration of any proposed revisions. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations GOAL THREE: Fiscal Responsibility Strategy 2—Ensure integrity and transparency in financial management GOAL FOUR: Workforce Development Strategy 1—Proactively plan for future operational staffing needs, Strategy 3—Inspire employee engagement July 6, 2021 Regular ADM IN Committee Meeting Agenda Packet- Page 57 of 78 Page 2 of 9 ATTACHMENTS: 1. BP 006 - Records Program 2. BP 011 - Proposition 218 Notice Protests 3. BP 018 - Sick Leave for Temporary Employees 4. BP 030 - Cost of Service Studies 5. BP 032 - Reimbursement of Toastmaster Dues July 6, 2021 Regular ADM IN Committee Meeting Agenda Packet- Page 58 of 78 Page 3 of 9 ATTACHMENT 1 Number: BP 006 Related Administrative Procedure: AP 006 (aka Records Program Handbook) Authority: Board of Directors/State Law f Effective: 3/19/15 Revised: 8/15/19 Reviewed: 8/6/19 Initiating Dept./Div.: Secretary of the District CENTRALSAN BOARD POLICY RECORDS PROGRAM PURPOSE To establish a Records Program for the District that provides for Records Retention Schedules by which the District will comply with California law, including Government Code Section 60200 et seq. regarding the appropriate requirements for the retention and destruction of the District's records. POLICY The Secretary of the District shall administer the Records Program and oversee compliance with the Records Retention Schedules. The General Manager and District Counsel shall periodically review and may approve changes to the Records Retention Schedules involving the following: • Changes in state law, • Changes in record keeping practices or operational needs, Lengthening of retention periods, and • Changes determined by District Counsel to be of a ministerial nature. Board approval shall be required by resolution for changes to the Records Retention Schedules involving the following: • Shortening of retention periods, and • Changes determined by District Counsel to be substantive. [Original Retained by the Secretary of the District] July 6, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 59 of 78 Page 4 of 9 ATTACHMENT 2 Number: BP 011 Authority: Board of Directors Effective: March 17, 2011 _ Revised: 6/1/17, 9/5/19 -19 Reviewed: Initiating Dept./Div.: Administration CENTRALSAN BOARD POLICY POLICY FOR THE SUBMISSION AND TABULATION OF PROPOSITION 218 NOTICE PROTESTS PURPOSE To establish a policy for handling protests related to fee or charge increases subject to Proposition 218, in accordance with Article XIIID of the California Constitution and California Government Code Section 53755. POLICY This policy establishes the criteria for handling written protests of fee and charge increases subject to the Proposition 218 notification requirements and provides standards for the tabulation of protests in the event of a challenge or claim of irregularity. The Board welcomes input from the community at any time, including during public hearings on proposed fee and charge increases. Any property owner and/or tenant of a parcel currently receiving sewer service from Central San or reasonably served by Central San's recycled water pipelines may lodge a protest. WRITTEN PROTESTS Requirements for Validity. To be valid, a written protest must: 1. Identify a parcel by either Assessor's Parcel Number or street address that currently receives sewer services from Central San or is reasonably served by Central San's recycled water pipelines; 2. Bear the signature of the record owner or tenant of the parcel and may not have been altered by anyone who did not sign the protest; 3. Clearly state its opposition to the proposed fees or charges; 4. Be timely received; and 5. Not have been withdrawn before close of the public hearing. July 6, 2021 Regular ADM IN Committee Meeting Agenda Packet- Page 60 of 78 Page 5 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2of3 Delivery to Central San. Written protests should be directed to the Secretary of the District and may be delivered by any of the following methods and timing: 1. Methods of Delivery: a. U.S. Postal Service b. Email (PDF signatures will be accepted if attached to an email) C. Fax d. Overnight mail service, or e. Personal delivery. Preferably, mailed or personally delivered protests will note on the envelope, "Sewer Service Charge Protest" or "Recycled Water Fee Protest," as applicable. 2. Timing of Delivery. Written protests must be received by the Secretary of the District: a. Before the start of the public hearing b. At the public hearing, or C. By close of the public hearing. No postmarks will be accepted. Confidentiality— Disclosure of Written Protests. Written protests will be disclosed as follows: 1. Prior to Public Hearing. Upon the request of a property owner, the Secretary of the District will disclose the receipt of a written protest by a tenant for a particular property before the public hearing. 2. At Public Hearing. Written protests will be made available to the Board Members at the noticed public hearing and will be treated as public records. VERBAL PROTESTS Requirements for Validity. To be valid and included in the final protest tabulation, a verbal protest must: 1. Be made during the public hearing by a record owner or tenant of a parcel that currently receives sewer services from Central San or is reasonably served by Central San's recycled water pipelines; and 2. Clearly state its opposition to the proposed fees or charges. July 6, 2021 Regular ADM IN Committee Meeting Agenda Packet- Page 61 of 78 Page 6 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3of3 PROVISIONS COMMON TO BOTH WRITTEN AND VERBAL PROTESTS Determination of Validity 1. Determining Validity. The Secretary of the District shall determine the validity of all written and verbal protests and shall not accept as valid any written or verbal protest if the Secretary of the District determines that any requirements for validity have not been met. 2. No Appeal of Decision on Validity. The Secretary of the District's decision that a written or verbal protest is not valid shall constitute a final action of Central San and shall not be subject to any administrative appeal. One Protest Per Parcel 1. Protests from Both Property Owner and Tenant. Only one protest will be counted per parcel. If a protest is received from both the property owner and tenant, only the property owner's protest will be counted. 2. Protests from Multiple Owners of Single Parcel. If a parcel is owned by more than a single record owner, each owner may submit a protest, but only one protest will be counted per parcel and any single protest submitted in accordance with these rules will be sufficient to count as a protest for that parcel. Withdrawal of Protests 1. Written Request to Secretary of the District. Any person who submits a written protest may withdraw it by submitting to the Secretary of the District a written request before or during the public hearing that the protest be withdrawn. 2. Property Owner Withdrawal of Tenant's Protest. A property owner may withdraw the written or verbal protest of a tenant. The withdrawal of a protest shall identify the affected property by Assessor's Parcel Number or street address and the name of the record owner or tenant who submitted both the protest and the request that it be withdrawn. Determination of Majority Protest: A majority protest exists if written and verbal protests are timely submitted and not withdrawn by the record owners or tenants of a majority of the parcels subject to the proposed fee or charge. [Original retained by the Secretary of the District] July 6, 2021 Regular ADM IN Committee Meeting Agenda Packet- Page 62 of 78 Page 7 of 9 ATTACHMENT 3 Number: BP 018 Related Procedure: HR Procedure-Sick Leave Authority: Board of Directors Effective: July 1, 2015 _ Revised: Reviewed: June 4, 2019 R ALSAN Initiating Dept./Div.: Administration/Human Resources BOARD POLICY SICK LEAVE FOR TEMPORARY EMPLOYEES PURPOSE: To establish a policy for implementing Assembly Bill 1522 codified as Labor Code Sections 245 through 249 (also known as the Healthy Workplaces/Healthy Families Act of 2014), which would provide District temporary employees with sick leave. POLICY: • It is District policy to comply with the provisions set forth in the Healthy Workplace/Healthy Families Act of 2014 (Labor Code Sections 245-249). For those items that allow the District to have discretion when implementing the act, the District will provide for the following: o Annual Grant: The District will grant three (3) days of paid sick leave within a twelve-month period. o Sick Leave Use: Employees may use their paid sick leave beginning on their 90th day of employment. Employees may determine how much sick leave he or she needs to use with a minimum usage of two (2) hours per incident. o Terminal Sick Leave: Employees are not paid for unused paid sick leave upon termination of employment. [Original Retained by the Secretary of the District] July 6, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 63 of 78 Page 8 of 9 ATTACHMENT 4 Number: BP 030 Related Admin. Procedure AP 030 Authority: Board of Directors Effective: July 6, 2017 ----- oo Revised: September 5, 2019 Reviewed: CENTRALSAN Initiating Dept./Div.: Administration/Finance BOARD POLICY COST OF SERVICE STUDIES PURPOSE Central San, as a public utility, calculates and sets rates based on the cost of providing services to customers. The State of California Government Code, including Sections 54999.7 and 53756, have the effect to require that public agencies periodically conduct a cost of service study for both capital charges and sewer service fees. This policy directs Central San to comply with these requirements. An accompanying administrative procedure provides other guidance related to the need to ensure adequate cost support exists for changes in Central San rates. POLICY I. A new or updated cost of service study shall be prepared not less frequently than required by California law and may be appropriate more frequently in certain circumstances, to be assessed by staff each time rate changes are proposed. Staff shall report to the Board at the time of the proposed rate change on whether the most recent Cost of Service study and applicable updates remain a valid basis for the proposed rates. An administrative procedure addressing this assessment is maintained by the General Manager. Il. A cost of service study or update addressing rates subject to Proposition 218 shall generally be conducted not less than once every five years. This policy is also consistent with state law specifying that any public utility serving a public school must perform a cost of service study for capital charges not less than once every ten years. [Original Retained by the Secretary of the District] July 6, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 64 of 78 Page 9 of 9 ATTACHMENT 5 Number: BP 032 Authority: Board of Directors Effective: August 17, 2017 Revised: August 15, 2019 ----- Reviewed: Initiating Dept./Div.: Administration CENTRALSAN BOARD POLICY REIMBURSEMENT OF TOASTMASTER DUES PURPOSE To establish a policy to reimburse employees for Toastmaster dues. POLICY Central San will reimburse District employees for Toastmaster membership dues to improve public speaking training and leadership skills of its employees. [Original Retained by the Secretary of the District] July 6, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 65 of 78