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HomeMy WebLinkAbout04. Adopt proposed revisions to Board Policy BP 013 - Board Committees and BP 044 - Board Leadership and Community RepresentativesItem 4. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:F E B R UA RY 22, 2024 S UB J E C T: A D O P T P R O P O S E D R E V I S I O NS TO T HE F O L L O W I NG B O A R D P O L I C I E S: B P 013 - BOARD COMMITT EES B P 044 - BOARD L EADERSHIP AND COMMUNIT Y REPRESENTATIVES S UB M I T T E D B Y: K AT I E YO UNG, S E C R E TA RY O F T HE D I S T R I C T I NI T I AT I NG D E PART M E NT: S E C R E TA RY O F T HE D I S T R I C T R oger S . B ailey General Manager IS S UE C hanges to the Board of Directors (Board) policies require B oard approval. B AC K G RO UND At the J anuary 11, 2024 A dministration C ommittee meeting, Member Mc Gill requested B P 013 and B P 044 be brought back f or f urther review and discussion by the C ommittee. Attached are copies of the above referenced B oard Policies. Staf f has minor recommended changes to these existing policies. I f the C ommittee agrees with these proposed changes and has more recommendations, the policy will be brought to the f ull Board f or consideration of any proposed revisions. ALT E RNAT I V E S /C O NS I D E RAT IO NS None. F I NANC IAL I M PAC T S None. February 22, 2024 Special Board Meeting Agenda Packet - Page 19 of 128 Page 1 of 14 C O M M I T T E E RE C O M M E ND AT IO N T he Committee reviewed this item at its J anuary 11, 2024 and F ebruary 6, 2024 meeting and recommended B oard approval. RE C O M M E ND E D B O ARD AC T I O N Approve the proposed changes to the f ollowing Board P olicies: B P 013 - Board Committees B P 044 - Board Leadership and Community Representatives Strategic Plan Tie-I n G O A L FO U R : G overnance and Fiscal R esponsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2 - Encourage and facilitate public participation AT TAC HM E NT S : D escription 1. B P 013 - Board Committees 2. B P 044 - Board L eadership and C ommunity Representation February 22, 2024 Special Board Meeting Agenda Packet - Page 20 of 128 Page 2 of 14 Number: BP 013 Authority: Board of Directors Adopted: March 6, 2014 Last Revised: February 3, 2022 Reviewed: January 2022February 6, 2024 Initiating Dept./Div.: Administration BOARD POLICY BOARD COMMITTEES PURPOSE To establish Board committees, adopt general committee guidelines, and adopt charters for each standing committee. POLICY In accordance with Section 2.04.020 of the District Code, when the Board considers it necessary for the efficient transaction of business, it may approve the creation of a committee for the purpose of reviewing, investigating and recommending with reference to a particular matter. This may include standing committees and ad hoc committees. 1.Standing Committees The Board has determined that Central San’s current Standing Committees are as follows: Administration Finance Engineering & Operations Real Estate, Environmental & Planning These Standing Committees shall operate within the General Committee Guidelines set forth below, which define the role of and provide a framework within which Committee Members and staff must operate. Each Standing Committee shall operate under a Charter approved by the Board as part of this Policy. The Charters set forth below define the mission, policy areas, and scope of each Committee with an emphasis on policy rather than operational matters. ATTACHMENT 1 February 22, 2024 Special Board Meeting Agenda Packet - Page 21 of 128 Page 3 of 14 Number: BP 013 BOARD COMMITTEES Page 2 of 9 2. Ad Hoc Committees Where expediency is required, the Board President shall recommend and the Board has the authority to appoint an Ad Hoc Committee. GENERAL COMMITTEE GUIDELINES 1. Members Each Standing Committee and Ad Hoc Committee shall be comprised of two Board Members, including a Chair. Members of Standing Committees are nominated annually by the Board President and approved by the Board, in accordance with the following: a) Goal is to annually rotate Board Members on the Committees to ensure all Board Members serve on all Standing Committees. b) A Board Member shall not serve more than two years on any Standing Committee (one as a Member and one as a Chair). c) The Board, by a simple majority, can make exceptions in special circumstances. d) To promote fairness in assignments, given five Board Members and four Standing Committees and moving to a Division-based system, the following structure would apply: Calendar Year 2022 Members Pilecki [Division 1 Liaison] and McGill [Division 2 Liaison] will serve on one Committee Calendar Year 2023 Members in Divisions 3 and 4 will serve on one Committee Calendar Year 2024 Members Lauritzen [Division 5 Liaison] and Pilecki [Division 1] will serve on one Committee Calendar Year 2025 Members in Divisions 2 and 3 will serve on one Committee Calendar Year 2026 and beyond Rotation by Division continuing the above sequenceMembers in Divisions 4 and 5 will serve on one Committee Calendar Year 2027 Members in Divisions 1 and 2 will serve on one Committee Calendar Year 2028 and beyond Rotation by Divisions continuing the above sequence e) e) In the event a Board Member declines to serve on two Standing Committees for a calendar year, then the above schedule would be amended accordingly for succeeding calendar year assignments. February 22, 2024 Special Board Meeting Agenda Packet - Page 22 of 128 Page 4 of 14 Number: BP 013 BOARD COMMITTEES Page 3 of 9 2. Role The role of the Committees is advisory to the Board. They may make recommendations to the full Board but cannot direct staff outside of their respective policy areas or expend public resources. 3. Agendas The General Manager and staff generate the agendas. The General Manager will determine to which Committee items are assigned as they arise. In cases where certain topics may span two Committees, he/she may confer with the Board President for guidance. 4. Staff Recommendations Staff will specify on Committee agendas what is needed from the Committee for each agenda item (e.g., Committee recommendation for Board approval; receive the report/update, provide input to staff, etc.). 5. Committee Action For those items for which a Committee recommendation to the Board is requested, staff will proceed as follows, depending on the Committee vote: a. Committee recommendation of Board approval:  Routine items will generally be put on the Board Consent Calendar.  Non-routine items will be agendized for a presentation and Board discussion. b. Split Committee vote: The item will proceed to the full Board (not on Consent Calendar), and the reason for the split vote will be reflected in both the Committee minutes and the position paper. For purposes of efficiency within the Committee process, should the two Committee Members find themselves at early impasse regarding their position on any committee matter, it is the policy of this Board to bring that matter to the full Board as early in the process as possible. c. Committee votes against approval: The item will generally proceed to the full Board (not on Consent Calendar), and the Committee’s position will be reflected in both the Committee minutes and the Position Paper. 6. Committee Requests for Information When a Committee Member requests information, the Committee must vote on whether to proceed with the request. If the request does not receive Committee approval, staff generally will not proceed with the request. February 22, 2024 Special Board Meeting Agenda Packet - Page 23 of 128 Page 5 of 14 Number: BP 013 BOARD COMMITTEES Page 4 of 9 7. Staff Responses to Committee Requests for Information If the response is in writing, it will generally be made part of the next Committee packet. If the response is provided by staff verbally or via email to Committee Members outside of a convened meeting, staff will provide that information at the next Committee meeting. 8. Informational Reports The General Manager will determine which informational reports (e.g., NPDES annual report, HHW annual report, Sanitary Sewer Overflow annual report, mentorship presentations, etc.) that do not require Committee recommendation or input will go directly to the Board, and which will be scheduled for Committee review first. 9. Standing Items The use of standing items on Committee agendas is generally discouraged due to potential Brown Act issues. 10. Scheduling, Rescheduling and Cancelling Committee Meetings Committee meetings may be scheduled, rescheduled or cancelled at the request of a Committee Member or staff. The Committee Chair will be consulted prior to the cancellation of any Committee meeting. 11. Appointment of Alternates Use of alternates for Committee meetings is generally discouraged due to potential Brown Act issues; however, when necessary, the Board President may appoint an alternate based on Board Member availability. 12. Review of Internal Audit Reports Individual Internal Audit Reports will be initially reviewed by the Committee having the most relevant jurisdiction over the subject matter of the audit, as determined by the General Manager. However, all Internal Audit reports, after review by the relevant committee, will be provided to the full Board. The Internal Audit work plan adoption, and any intra-year changes to that plan, will not be reviewed by a Committee as those matters shall be directly reviewed and adopted by the full Board. 13. Compensation/Meeting Stipend Board Members attending Standing Committee meetings and Ad Hoc Committee meetings shall be eligible to receive the meeting stipend in accordance with District February 22, 2024 Special Board Meeting Agenda Packet - Page 24 of 128 Page 6 of 14 Number: BP 013 BOARD COMMITTEES Page 5 of 9 Code Section 2.04.030 and Board Policy No. BP 045 – Board Compensation, Benefits, and Expense Reimbursement. Committee Charters appear on the following pages. [Original Retained by the Secretary of the District] February 22, 2024 Special Board Meeting Agenda Packet - Page 25 of 128 Page 7 of 14 Number: BP 013 BOARD COMMITTEES Page 6 of 9 CHARTER ADMINISTRATION COMMITTEE Members Chair, Member Meeting Schedule Monthly, or as needed (subject to rescheduling or cancellation) Mission Provide input and recommendations to the Board regarding the Policy Areas listed below that support the District’s Mission, Vision and Values and Strategic Plan. Policy Areas  Policy development and review  Strategic Plan  Safety and security matters  Public outreach  Human Resources  Information Technology  Legislative matters Scope Review and address staff recommendations. May direct the General Manager to conduct additional research within the Committee’s Policy Areas. The Committee is tasked to:  Develop new, or review and revise existing, District policies for Board consideration  Review and monitor compliance with Strategic Plan  Review and make recommendations on policy-related safety and security matters  Ensure adequate public outreach of policy-related District services and programs (outreach for specific programs may be referred to the appropriate Committee by the General Manager)  Review and make recommendations on relevant Human Resources matters  Review Information Technology policy matters  Review specific legislation if requested to do so by the Board Revised by Board 3/6/14, 4/26/15, 2/18/16, 7/6/17, 4/26/18, 8/6/20, 2/3/22 February 22, 2024 Special Board Meeting Agenda Packet - Page 26 of 128 Page 8 of 14 Number: BP 013 BOARD COMMITTEES Page 7 of 9 CHARTER ENGINEERING & OPERATIONS COMMITTEE Members Chair, Member Meeting Schedule Monthly, or as needed (subject to rescheduling or cancellation) Mission Provide input and recommendations to the Board regarding the Policy Areas listed below that support the District’s Mission, Vision and Values and Strategic Plan. Policy Areas  Reliable infrastructure  Bidding for construction contracts  Consultant selection process for capital improvement program  Capital Improvement Budget (CIB)  Ten-Year Capital Improvement Plan (CIP)  Operational effectiveness Scope Review and address staff recommendations. May direct the General Manager to conduct additional research within the Committee’s Policy Areas. The Committee is tasked to:  Review the CIB for planning, design and construction of projects, including funding  Review construction project awards  Review the CIP for future projects, regulatory compliance, and long- range financial planning  Review Engineering, Plant Operations, Maintenance and Collection Systems and Recycled Water as determined by the General Manager  Review Asset Management Program  Ensure adequate public outreach of certain program-related matters within the scope of the Committee, as referred by the General Manager  Review energy contracts required for operations Revised by Board 3/6/14, 7/23/15, 2/18/16, 7/6/17, 4/6/18, 8/6/20 February 22, 2024 Special Board Meeting Agenda Packet - Page 27 of 128 Page 9 of 14 Number: BP 013 BOARD COMMITTEES Page 8 of 9 CHARTER FINANCE COMMITTEE Members Chair, Member Meeting Schedule Monthly, or as needed (subject to rescheduling or cancellation) Mission Provide input and recommendations to the Board regarding the Policy Areas listed below that support the District’s Mission, Vision and Values and Strategic Plan. Policy Areas  Fiscal sustainability  Fiscal regulatory compliance  Appropriate levels of internal controls  Investment reserves  Financial reporting and budget documents  Risk Management Scope Review and address staff recommendations. May direct the General Manager to conduct additional research within the Committee’s Policy Areas. The Committee is tasked to:  Oversee proper use of financial resources  Ensure compliance with federal, state and public financing requirements  Review financial reports for completeness, accuracy and clarity  Review development, implementation and oversight of investment policies and practices  Provide recommendations related to the annual budget, its implementation and future projections  Review expenditures (to the extent possible, Committee Members are encouraged to provide their questions on expenditures in advance of the meeting)  Ensure adequate public outreach of certain program-related matters within the scope of the Committee, as referred by the General Manager  Oversee Risk Management and associated legal matters Revised by Board 3/6/14, 7/23/15, 2/18/16, 7/6/17, 4/26/18, 8/6/20, 10/21/21, 2/3/22 February 22, 2024 Special Board Meeting Agenda Packet - Page 28 of 128 Page 10 of 14 Number: BP 013 BOARD COMMITTEES Page 9 of 9 CHARTER REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE Members Chair, Member Meeting Schedule Monthly, or as needed (subject to cancellation or rescheduling) Mission Provide input and recommendations to the Board regarding the Policy Areas listed below that support the District’s Mission, Vision and Values and Strategic Plan. Policy Areas  Long-range planning  Environmental regulatory compliance  Cost-effective resource recovery and recycling  Use of District real property and facilities Scope Review and address staff recommendations. May direct the General Manager to conduct additional research on policy issues within the Committee’s Policy Areas. The Committee is tasked to:  Review long-range planning documents including master plans  Oversee the District’s environmental regulatory compliance  Oversee resource recovery programs and recycling  Oversee appropriate use of real property and facilities in accordance with District policies  Review year-end annual reports for Household Hazardous Waste, Pollution Prevention, and Recycled Water, as necessary  Ensure adequate public outreach of certain program-related matters within the scope of the Committee, as referred by the General Manager Revised by Board 3/6/14, 7/23/15, 2/18/16, 7/6/17, 4/26/18, 8/6/20 February 22, 2024 Special Board Meeting Agenda Packet - Page 29 of 128 Page 11 of 14 Number: BP 044 Related Admin. Procedure: None Authority: Board of Directors Adopted: October 21, 2021 Last Revised: November 18, 2021 Reviewed: November 2, 2021February 6, 2024 Initiating Dept./Div.: SOD BOARD POLICY BOARD LEADERSHIP AND COMMUNITY REPRESENTATION PURPOSE The Board of Directors has deemed it necessary for the efficient operation of Central San to establish a process for annual selection of Board Members to serve as: Board President and President Pro Tem; Board Liaisons to Contra Costa County and the cities and towns within its service area; and Board Representatives to various governmental bodies and joint powers authorities. POLICY 1.Rotation of Board President and President Pro Tem a. The Board has established the following rotation schedule for the positions of Board President and President Pro Tem: Year President Pro Tem 2022 Member Williams Member Hockett or Lauritzen 2023 Member Hockett or Lauritzen Member Hockett or Lauritzen 2024 Member Hockett or Lauritzen Member, Division 2Member McGill 2025 Member, Division 2 Member, Division 3 2026 Member, Division 3 Member, Division 4 2027 Member, Division 4 Member, Division 5 2028 Member, Division 5 Member, Division 1 2029 Member, Division 1 Member, Division 2 2030 and beyond Rotation by division continuing the above sequence Rotation by division continuing the above sequence ATTACHMENT 2 February 22, 2024 Special Board Meeting Agenda Packet - Page 30 of 128 Page 12 of 14 Number: BP 044 BOARD LEADERSHIP AND COMMUNITY REPRESENTATION Page 2 of 3 b. Annual Elections. Effective January 1 each calendar year, the Board shall take action at a meeting to elect the designated President or President Pro Tem in accordance with the above rotation schedule. c. Exceptions to Rotation Schedule. The Board may, by majority vote, deviate from the above rotation schedule in any given year. 2. Appointment of Board Liaisons a. Board Members will serve as a liaison to the cities or towns in their respective division. To the extent there is a split, or have more than one Member, the liaison for those areas will be nominated by the Board President, and approved by the Board annually. Until the full transition to division-based Districts, Board Liaison appointments would apply until calendar year 2024: Contra Costa County* Lafayette (District 2) Pacheco** Alamo* Martinez** Pleasant Hill** Clayton** Moraga (District 2) San Ramon** Concord** Orinda (District 2) Walnut Creek (District 3) Danville* * Contra Costa County Member Hockett (including Alamo and Danville) ** Split amongst Members Lauritzen and Pilecki Member Lauritzen: Martinez, Pacheco and San Ramon Member Pilecki: Clayton, Concord, and Pleasant Hill b. Exceptions. In any given year, the Board may, by a simple majority vote, make exceptions to Board Liaison designations in special circumstances. 3. Appointment of Board Representatives a. The Board has determined that Board Members should be appointed to serve as Board Representatives to various organizations for a two-year term limit for any particular agency representation. The Board President shall nominate, and the Board shall approve annually, appointments of Board Representatives to the following organizations: 1) California Special Districts Association – Contra Costa Chapter (CCSDA) 2) Contra Costa Local Agency Formation Commission (LAFCO) 3) Contra Costa Water District (CCWD)* 4) Dublin San Ramon Services District (DSRSD) 5) East Bay Municipal Utility District (EBMUD) February 22, 2024 Special Board Meeting Agenda Packet - Page 31 of 128 Page 13 of 14 Number: BP 044 BOARD LEADERSHIP AND COMMUNITY REPRESENTATION Page 3 of 3 6) East Bay Regional Parks District (EBRPD) 7) Mt. View Sanitary District (MVSD) 8) Pleasant Hill Recreation and Park District (PHR&PD)** 9) Valley Water (formerly Santa Clara Valley Water District)* 10) State Water Resources Control Board 11) Bay Area Air Quality Management District *As part of the Recycled Water Exchange Project, continue coordination efforts and representation by Member Williams **Same as Board Liaison to City of Pleasant Hill b. List of Organizations. In any given year, the above list of organizations may be expanded or contracted by the Board President in accordance with Central San’s needs. c. Voting Delegates. Both the representative and any alternate Board Representative to CCSDA shall serve as voting delegate or alternate voting delegate, respectively. d. Exceptions. In any given year, the Board may, by a simple majority vote, deviate from the above list of representative designations in special circumstances. 3. Alternates Where desired, the Board President may recommend alternate Board Liaisons or Board Representatives, and the Board shall approve annually such alternates to serve as backup to the appointed Board Liaison or Representative. 4. Meeting Stipend/Expense Reimbursement Board Members serving as Board Liaisons to or Board Representatives of the above entities (including appointed alternates, if any) shall be eligible to receive the meeting stipend or expense reimbursement for participating in events and activities associated with these entities in accordance with District Code Section 2.04.030 and Board Policy No. BP 045 – Board Compensation, Benefits, and Expense Reimbursement. [Original retained by the Secretary of the District] February 22, 2024 Special Board Meeting Agenda Packet - Page 32 of 128 Page 14 of 14