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