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Ord 0189 10/2013ORDINANCE NO. 189 ORDINANCE OF THE VALLECITOS WATER DISTRICT ESTABLISHING THE GENERAL PROVISIONS FOR CONDUCTING THE BUSINESS OF THE BOARD AND REPEALING ORDINANCES NOS. 170,178 and 179 BE IT ORDAINED by the Board of Directors of the VALLECITOS Water District as follows: SECTION 1: BOARD OF DIRECTORS Section 1.1: Regular Meetings - Time and Place Regular Meetings of the Board of Directors of the Vallecitos Water District shall be held with notice on the first and third Wednesday of each month, at the hour of 4:00 p.m. at the location of the principal place of business of the District, namely, 201 Vallecitos de Oro, San Marcos, California. Notification, including the location, shall be made in accordance with the Ralph M. Brown Act (California Government Code §54950 through §54926), as amended. Section 1.2: Adjourned Meetings A majority vote by the Board of Directors may terminate and adjourn a Board meeting at any place in the agenda to any time and place specified in the order of adjournment, except that if no Directors are present at any regular or adjourned regular meeting, the General Manager may declare the meeting adjourned to a stated time and place, and he /she shall cause written notice of adjournment in accordance with the Ralph M. Brown Act, as amended. Section 1.3: Special Meetings A. Special non - emergency Board meetings may be called by the Board President or a majority of the Board. Written notification shall be made and posted at least 24 hours in accordance with the Ralph M. Brown Act, as amended. B. Special emergency Board Meetings may be held with notice in the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities. An emergency situation means a crippling disaster which impairs public health, safety, or both, as determined by the General Manager, Board President or Vice President in the President's absence. Section 1.4: Rules for Conducting Meetings Except as otherwise provided by law, or ordinance adopted by the Board, "Roberts Rules of Order, Revised," are hereby adopted as the rules of practice and procedure governing the conduct of the business and procedure before the Board. The Board President shall preside at all meetings and shall have a vote on all matters before the Board. In the absence of the President, the Vice President shall preside, and in the absence of both, the presiding officer shall be elected by a majority vote of the members of the Board. Ordinance No. 189 Page 2 Section 1.5: Agenda The General Manager, in cooperation with the Board President, shall prepare an agenda for each regular, adjourned, and special meeting. Any Director may request any item to be placed on the agenda. f ( Section 1.6: Minutes of Meetings A. The minutes of the Meetings of the Board shall be recorded and kept by the Secretary in a book maintained for that purpose for each calendar year. Unless otherwise expressly directed by the Board at the time of adoption, all ordinances and resolutions adopted by the Board may be referred to in the minutes of the meetings of the Board by number and title, but the same shall be recorded in full in separate books kept for that purpose for each calendar year. B. The Board President or other person who may preside at the meeting, or the Secretary, shall authenticate the minutes, ordinances and resolutions after these have been transcribed into the appropriate books, and when so authenticated, these shall constitute the official minutes, ordinances and resolutions of the Board. C. The Minute Book, the Ordinance Book and the Resolution Book shall be kept at the office of the Secretary at the principal place of business of the District. Section 1.7: District Seal The seal, an impression of which is herewith affixed to this document, bearing the words "Vallecitos Water District, Organized March 24, 1955," is adopted as the official seal of this District. Section 1.8: Standing Advisory Committees A. The District shall have the following standing advisory committees, each of whose function is to advise the Board of Directors and General Manager with respect to the subjects under its jurisdiction: Engineering /Equipment, Finance /Investment, Public Awareness /Personnel /Policy, and Legal /Legislative Affairs. Other standing committees may be established by the Board President. The precise and /or additional duties and responsibilities of each standing committee shall be as specified by the President from time to time. Each standing committee shall have two (2) members appointed by the President from the members of the Board; however, in no event shall the same two (2) members be permitted to serve together on more than one (1) standing committee without the unanimous approval of the Board. The President shall appoint a committee chairman from the two (2) members of the Board serving on each committee; however, no member shall be permitted to chair more than one (1) standing committee without the unanimous approval of the Board. B. Ad Hoc advisory committees for special purposes not falling within the assigned function of an existing standing committee may be created and appointments made thereto from the members of the Board, not to exceed two (2) such members on any one ad hoc Ordinance No. 189 Page 3 committee, from time to time by the President. Ad hoc committees may include members of the public and said appointment shall be made by the Board. C. All committee members shall serve at the pleasure of the Board -, President. The General Manager shall be an ex- officio non - voting member of each committee. Each committee shall meet at such times, places, and frequency as may be directed by its chairman, by the President, or by the Board in accordance with the Ralph M. Brown Act, as amended. Each committee shall cause to be prepared and filed promptly with the Board current minutes of all of its meetings. Section 1.9: Board Reorganization A. Following a District election, on the first Tuesday after the first Monday in November in each even numbered year, the Board shall reorganize at the first meeting after the election is certified by the Registrar of Voters and appoint or reappoint its officers pursuant to the County Water District Act in conformance with the Uniform District Election Law, Elections Code, §23500 et. seq. B. In addition to the minimum reorganization requirement, Board policy determines that the Board will reorganize annually to provide that each elected Director will have the opportunity to hold the office of President once during their four year term. The President serves at the pleasure of the Board. Section 1.10: Adoption of Ordinances and Resolutions Except as otherwise provided by law, ordinances and resolutions of the District shall be adopted, amended, and repealed (in whole or in part) by the Board only in the following manner: A. Ordinances shall be adopted by the Board, and may be amended or repealed (in whole or in part) only by an ordinance adopted by the Board. The Board may adopt the ordinance (in whole or in part) as originally proposed or as modified by the Board. B. Formal resolutions, that is, resolutions which are numbered and titled documents separate from the minutes of the meetings of the Board and required to be kept in the Resolution Book shall be adopted by the Board, and may be amended or repealed (in whole or in part) only by a formal resolution or an ordinance adopted by the Board, only at a duly held meeting of the Board. The number and title of formal resolutions may but are not required to be, set forth in the agenda for the meeting. C. At the time of presentation to the Board of the proposed ordinance or the proposed formal resolution, as the case may be, the reading in full thereof shall be deemed waived unless otherwise requested by any member of the Board. Ordinances and formal resolutions adopted by the Board shall contain the signed approval and attestation of the then Presiding Officer and Secretary, respectively, of the District. D. Minute resolutions, as distinguished from formal resolutions, shall be adopted by the Board, and may be amended or repealed (in whole or in part) only by a minute Ordinance No. 189 Page 4 resolution or a formal resolution or an ordinance adopted by the Board, only at a duly held meeting of the Board. SECTION 2: DISTRICT MEMBERSHIPS, PER DIEM COMPENSATION, REIMBURSEMENTS, ETHICS TRAINING AND ELIGIBILITY FOR EMPLOYEE BENEFITS { Section 2.1: Authorized District Memberships The Board has determined it to be in the best interests of the District, and its constituents, to maintain memberships in affiliated national, state, and local organizations which have applicability to the functions of the District. The District shall hold membership in the following organizations: American Water Works Association (AWWA) Association of California Water Agencies (ACWA) California Association of Sanitation Agencies (CASA) California Special Districts Association (CSDA) California Water Environment Association Council of Water Utilities North County Water Group San Marcos Chamber of Commerce (requires Board approval for per diem and expense reimbursements) Southern California Alliance of Publicly Owned Treatment Works (SCAP) Urban Water Institute Water Education Foundation (WEF) Water Environment Federation WateReuse San Marcos Economic Development Council (SMDEC) San Diego North Economic Development Council (SDNEC) In addition to the above listed organizations, the Board may remove existing memberships or approve additional memberships and authorize attendance at meetings, events, or conferences by motion from time to time. The General Manager may approve District membership of, and employee participation in, professional, technical, and business related associations and organizations. Section 2.2: Per Diem Compensation ` Each Director shall receive compensation of $150 per diem for attending meetings of the Board or for each day's service as a member of the Board, not to exceed compensation for one meeting in any 24 -hour period or ten meetings per month. Compensable meetings which are pre- designated and considered occasions that constitute performance of official duties include the following: A. Regular, Adjourned, and Special meetings of the Board, including pre - meetings with the Board Chair. Ordinance No. 189 Page 5 B. Committee Meetings, limited to the two Directors serving on the committee, other meetings, such as District sponsored special functions, open houses, and community out -reach functions, including pre- meetings with the appropriate representative(s). C. Meetings of other public agencies of which the District is a member or sub - member agency such as the Encina Wastewater Authority, San Diego County Water Authority, the Metropolitan Water District of Southern California, and Local Agency Formation Commission (LAFCO), including pre- meetings with the appropriate representative(s). D. Conferences, meetings, and other functions in which the District is a member of as listed in Section 2.1 above, and which have a significant and meaningful link to the purposes, policies, and interests of the District. E. Meetings which provide educational training including ethics training in accordance with Government Code Section 53232.1. F. Other meetings or conferences which the Board approves as an agendized action item at a regular meeting that serves a benefit to the District and constitute the performance of official duties. Any amounts paid as a per diem compensation by other organizations shall be deducted from the $150 District per diem. Board members shall report on meetings or conferences attended at a regularly scheduled Board meeting after the event, which may include a written report that can be distributed to all Board members electronically. Section 2.3: Reimbursement of Expenses and Reporting Each Director shall be entitled to payment and /or reimbursement for actual and necessary expenses incurred in the performance of official duties including expenses incurred relating to travel, meals, lodging, and other actual and necessary expenses incurred for attendance at meetings and conferences of organizations listed in Section 2.1 or approved in accordance with Section 2.2F Lodging expenses may not exceed the maximum group rate published by the conference or activity sponsor. Requests for Reimbursement must be submitted on a District approved Expense Form and shall include receipts documenting each expense in accordance with District Resolution 1365. Director expenses and per diems shall be reported on a cumulative quarterly basis, (attaching a summary of per diems and expenses from District appointed positions to other agencies). Section 2.4: Ethics training In accordance with Government Code Section 53234, Board members and any designated employees shall have at least (2) hours of ethics training every two (2) years. Certificates of completion of ethics training shall be maintained for at least five (5) years. Ordinance No. 189 Page 6 Section 2.5: Eligibility for Employee Benefits Members of the Board shall be eligible for all benefits, the same as full time, regular employees. ALL OTHER ORDINANCES OR AMENDMENTS IN CONFLICT HEREWITH ARE HEREBY REPEALED. I This Ordinance shall become effective upon adoption, and shall be published one time in a newspaper of general circulation within the District. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held this 23rd day of October, 2013, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: EVANS, FERGUSON, MARTIN, POLTL, HERNANDEZ James rnandez, Preside Board o Directors Vallecito ater District ATTEST: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District