HomeMy WebLinkAbout2018-03-27 - Board of Directors Meeting Agenda Packet (B)
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, March 27, 2018, 6:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Al Nederhood, President
Brooke Jones, Vice President
Andrew J. Hall, Director
Phil Hawkins, Director
J. Wayne Miller, Director
4. ADDITIONS/DELETIONS TO THE AGENDA
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Elected Official Liaison Reports
6. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three
minutes.
7. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
7.1. Minutes of the Board of Directors Special Meeting Held March 8, 2018
Recommendation: That the Board of Directors approve the minutes as presented.
7.2. Minutes of the Board of Directors Special and Regular Meetings Held March 13, 2018
Recommendation: That the Board of Directors approve the minutes as presented.
7.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $1,984,880.94.
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
8.1. Policies and Procedures for Communication Facilities Licenses Within District Properties
Recommendation: That the Board of Directors approve Resolution No. 18-05
adopting Policies and Procedures for Communication Facilities Licenses Within
Yorba Linda Water District Properties.
8.2. Revising Board of Directors' Policies and Procedures
Recommendation: That the Board of Directors approve Resolution No. 18-
06 amending the Board's Policies and Procedures and rescinding Resolution Nos.
16-12 and 17-28.
8.3. Nominations for OC LAFCO Regular and Alternate Special District Member Seats
Recommendation: That the Board of Directors consider nominating candidate(s) for
election to OC LAFCO's Regular and Alternate Special District Member Seats
and designate two Directors to serve as the primary and alternate voting
representatives in the associated election.
9. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for
which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the
District’s interest to discuss these more complex matters at one meeting and consider formal action at another
meeting. This portion of the agenda may also include items for information only.
9.1. Budget to Actual Reports for the Month Ending February 28, 2018
9.2. Cash and Investment Report for Period Ending February 28, 2018
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. Directors' Reports
10.2. General Manager's Report
10.3. General Counsel's Report
10.4. Future Agenda Items and Staff Tasks
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Nederhood/Jones)
· Minutes of the meeting held March 22, 2018 at 4:00 p.m. (To be provided when
available.)
· Next meeting scheduled May 24, 2018 at 4:00 p.m.
11.2. Joint Agency Committee with City of Yorba Linda
(Nederhood/Jones)
· Minutes of the meeting held March 19, 2018 at 4:00 p.m. (To be provided when
available.)
· Next meeting scheduled June 4, 2018 at 4:00 p.m. at YL City Hall.
11.3. Joint Agency Committee with City of Placentia
(Nederhood/Jones)
· Next meeting yet to be scheduled.
12. INTERGOVERNMENTAL MEETINGS
12.1. OC LAFCO - March 14, 2018 (Nederhood - As Needed)
12.2. YL Planning Commission - March 14, 2018 (Hawkins - As Needed)
12.3. ACWA Member Briefing - March 16, 2018 (Jones/Nederhood)
12.4. YL City Council - March 20, 2018 (Jones)
12.5. MWDOC Board - March 21, 2018 (Jones)
12.6. OCWA Luncheon - March 21, 2018 (Jones)
12.7. OCWD Board - March 21, 2018 (Miller/Jones)
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from March 28 - May 31, 2018
14. ADJOURNMENT
14.1. A Board of Directors' Strategic Planning Workshop Meeting has been scheduled
Tuesday, April 3, 2018 at 4:30 p.m. The next Regular Board of Directors Meeting will be
held Tuesday, April 10, 2018. Closed Session (if necessary) will begin at 5:30 p.m. and
regular business at 6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District’s internet
website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 7.1
AGENDA REPORT
Meeting Date: March 27, 2018
Subject:Minutes of the Board of Directors Special Meeting Held March 8, 2018
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2018-03-08_-_Minutes_-_BOD.doc Minutes Minutes
Minutes of the YLWD Board of Directors Special Meeting Held March 8, 2018 at 4:30 p.m. 1
2018-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Thursday, March 8, 2018, 4:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 4:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager
Brooke Jones, Vice President Brett Barbre, Assistant General Manager
Phil Hawkins (Arrived 4:31 p.m.) Gina Knight, HR/Risk and Safety Manager
J. Wayne Miller Annie Alexander, Executive Asst/Board Secretary
DIRECTORS ABSENT ALSO PRESENT
Andrew J. Hall Andrew Gagen, Partner, Kidman Law LLP
Laura Kalty, Partner, Liebert Cassidy Whitmore
4. PUBLIC COMMENTS
None.
5. CLOSED SESSION
The meeting was adjourned to Closed Session at 4:32 p.m. All Directors with the
exception of Director Hall were present. Also present were General Manager
Marc Marcantonio, Assistant General Manager Brett Barbre, HR/Risk and Safety
Manager Gina Knight, General Counsel Andrew Gagen, and Labor Counsel
Laura Kalty.
Minutes of the YLWD Board of Directors Special Meeting Held March 8, 2018 at 4:30 p.m. 2
2018-XXX
5.1. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Marc Marcantonio, General Manager
Brett Barbre, Asst General Manager
Gina Knight, HR/Risk and Safety Manager
Vivian Lim, Human Resources Analyst
Laura Kalty, Labor Counsel
Employee Organization: YLWD Employees Association
The Board reconvened in Open Session at 6:00 p.m. No action was taken during
Closed Session that was required to be reported under the Brown Act.
6. ADJOURNMENT
6.1. The meeting was adjourned at 6:00 p.m.
Annie Alexander
Board Secretary
ITEM NO. 7.2
AGENDA REPORT
Meeting Date: March 27, 2018
Subject:Minutes of the Board of Directors Special and Regular Meetings Held March
13, 2018
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2018-03-13_-_Minutes_-_BOD_(A).doc Minutes Minutes
2018-03-13_-_Minutes_-_BOD_(B).doc Minutes Minutes
Minutes of the YLWD Board of Directors Special Meeting Held March 13, 2018 at 5:30 p.m. 1
2018-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, March 13, 2018, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 5:30 p.m.
2. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager (Arrived 6:10 p.m.)
Brooke Jones, Vice President Brett Barbre, Asst General Manager (Arrived 6:10 p.m.)
Andrew J. Hall Gina Knight, HR/Risk and Safety Manager
Phil Hawkins Annie Alexander, Executive Asst/Board Secretary
J. Wayne Miller
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
Laura Kalty, Labor Counsel, Liebert Cassidy Whitmore
3. PUBLIC COMMENTS
None.
4. CLOSED SESSION
The meeting was adjourned to Closed Session at 5:31 p.m. All Directors were
present. Also present were HR/Risk and Safety Manager Gina Knight, General
Counsel Andrew Gagen, and Labor Counsel Laura Kalty. General Manager
Marc Marcantonio and Assistant General Manager Brett Barbre joined the
Closed Session at 6:10 p.m.
4.1. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Marc Marcantonio, General Manager
Brett Barbre, Asst General Manager
Gina Knight, HR/Risk and Safety Manager
Vivian Lim, Human Resources Analyst
Laura Kalty, Labor Counsel
Employee Organization: YLWD Employees Association
Minutes of the YLWD Board of Directors Special Meeting Held March 13, 2018 at 5:30 p.m. 2
2018-XXX
4.2. Conference with Legal Counsel – Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54856.9 of the
California Government Code
Name of Case: Brian Wooldridge vs. Yorba Linda Water District (OC
Superior Court – Case No. 00886870)
The Board reconvened in Open Session at 6:35 p.m. General Counsel Gagen
reported that no action was taken during Closed Session that was required to be
reported under the Brown Act.
5. ADJOURNMENT
5.1. The meeting was adjourned at 6:35 p.m.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 1
2018-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, March 13, 2018, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 6:35 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager
Brooke Jones, Vice President Brett Barbre, Assistant General Manager
Andrew J. Hall Steve Conklin, Engineering Manager
J. Wayne Miller John DeCriscio, Operations Manager
Gina Knight, HR/Risk and Safety Mgr (Arrived 7:25 p.m.)
Delia Lugo, Finance Manager
Annie Alexander, Executive Asst/Board Secretary
DIRECTORS ABSENT Mike Carreon, Facilities Maintenance Worker
Phil Hawkins Bryan Hong, Water Quality Engineer
Kaden Young, Management Analyst
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Elected Official Liaison Reports
Assistant General Manager Brett Barbre, in his role as Director for
Municipal Water District of Orange County (MWDOC) and Metropolitan
Water District of Southern California (MWDSC), reported on the status of
the Delta Tunnels Project and MWDSC’s proposal to fund the construction
of both tunnels.
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 2
2018-XXX
6. PUBLIC COMMENTS
None.
7. CONSENT CALENDAR
Director Hall made a motion, seconded by Director Miller, to approve the
Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent.
7.1. Minutes of the Board of Directors Regular Meeting Held February 13,
2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Workers Meeting Held February 22,
2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.3. Minutes of the Board of Directors Regular Meeting Held February 27,
2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.4. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $574,026.34.
7.5. Authorization of Director Attendance at Conferences, Seminars, and
Special Events
Recommendation: That the Board of Directors ratify and/or approve
Director attendance at the following events: ACCOC Pension Forum on
March 9, 2018; and SoCal Gas Sustainability Seminars on April 4 and 24,
2018.
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 3
2018-XXX
8.0 ACTION CALENDAR
8.1. Participation in Association of California Water Agencies’ (ACWA) “No
Drinking Water Tax” Coalition and Opposition to SB 623
Staff summarized ACWA’s coalition efforts against SB 623 and the
proposed tax on drinking water. The funds raised will support ACWA’s
public outreach campaign.
Director Hall made a motion, seconded by Director Jones, to participate in
ACWA’s “No Drinking Water Tax” Coalition in the amount of $10,000 and
adopt an OPPOSE position on SB 623. Motion carried 3-1-0-1 with
Director Miller voting No and Director Hawkins being absent.
8.2. Award of Professional Services Agreement for Preparation of Bench-Scale
Testing for the Treatment of Groundwater
Staff summarized the District’s historical monitoring efforts for
perfluorinated chemicals (PFCs) and the US Environmental Protection
Agency’s (USEPA) recommended health advisory level (HAL). Staff also
reviewed current efforts to stay under the recommended HAL, probability
for the HAL to be lowered, and benefits of performing bench-scale testing
of granular activated carbon (GAC) for the removal of PFCs. Staff then
explained the benefits of performing additional bench-scale testing for the
removal of arsenic, iron, and manganese.
Discussion followed regarding the proposed testing methods, associated
costs and timing of the project, other agencies treatment efforts, and
adding the project to the District’s long term capital improvement plan
(CIP) for future funding.
HR/Risk and Safety Manager Gina Knight arrived at 7:25 p.m.
Discussion continued regarding the possibility of splitting the project into
two different studies, one for the removal of PFCs and the other for
removal of metals.
Staff noted the District wouldn’t be able to utilize CIP funding for the
performance of these studies.
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 4
2018-XXX
Director Hall made a motion, seconded by Director Miller to: (1) separate
the proposed project into two bench-scale testing studies, one for the
removal of perfluorinated chemicals and the other for removal of arsenic,
iron and manganese from groundwater; and (2) include both projects in
future budgets. Motion carried 3-1-0-1 with Director Nederhood voting No
and Director Hawkins being absent.
9.0 DISCUSSION ITEMS
9.1. Status of Operations Activities
Staff reviewed water production data for the current fiscal year and the
status of various projects including the Camino de Bryant and Hidden Hills
reservoir management systems, painting of the chlorination building for
Well No. 15, and valve maintenance activities.
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. Directors' Reports
President Nederhood commented on correspondence he’d received
related to the upcoming OC Special District Selection Committee election
and requested this matter be placed on a future agenda.
Staff provided a brief overview of the election process and noted an action
item would be placed on the next regular meeting agenda.
10.2. General Manager's Report
General Manager Marc Marcantonio reported on recruitment efforts for the
position of Engineering Manager and his planned attendance at the State
Water Resources Control Board’s hearing on April 17, 2018. He then
asked each of the managers present to report on activities within their
respective departments.
10.3. General Counsel’s Report
None.
10.4. Future Agenda Items and Staff Tasks
None.
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 5
2018-XXX
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Nederhood/Jones)
Next Meeting scheduled March 22, 2018 at 4:00 p.m.
11.2. Joint Agency Committee with City of Yorba Linda
(Nederhood/Jones)
Next meeting is scheduled March 19, 2018 at 4:00 p.m. at YL City
Hall.
11.3. Joint Agency Committee with City of Placentia
(Nederhood/Jones)
Next meeting yet to be scheduled.
12. INTERGOVERNMENTAL MEETINGS
The Directors present reported on their attendance at the following meetings and
events.
12.1 OCSD Board – February 28, 2018 (Jones)
12.2 WACO – March 2, 2018 (Jones/Nederhood)
12.3. ISDOC Executive Committee – March 6, 2018 (Nederhood)
12.4. MWDSC Inspection Tour – March 6, 2018 (Hawkins/Jones/Nederhood)
12.5. YL City Council – March 6, 2018 (Hall)
12.6. MWDOC Board – March 7, 2018 (Nederhood/Jones)
12.7. OCSD Operations Committee – March 7, 2018 (Hawkins)
12.8. OCWD Board – March 7, 2018 (Miller/Jones)
12.9. ACCOC Pension Forum – March 9, 2018 (Nederhood)
Minutes of the YLWD Board of Directors Regular Meeting Held March 13, 2018 at 6:30 p.m. 6
2018-XXX
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from March 14 – April 30, 2018
The Board made no changes to the activity calendar.
14. ADJOURNMENT
14.1. The meeting was adjourned at 8:06 p.m.
Annie Alexander
Board Secretary
ITEM NO. 7.3
AGENDA REPORT
Meeting Date: March 27, 2018 Budgeted:N/A
To:Board of Directors Cost Estimate:$1,984,880.94
Funding Source:All Funds
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Reviewed by Legal:N/A
Prepared By:Richard Cabadas, Accounting
Assistant I
CEQA Compliance:N/A
Subject:Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors’ approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $1,984,880.94.
DISCUSSION:
The items on this disbursement list include: A wire of $621,089.04 to MWDOC for January 2018
water purchases; a wire of $25,739.99 to So. California Gas Co. for February 2018 gas charges at
multiple locations; a wire of $143,696.50 to US Bank for 2012A Revenue Bond interest payment; a
check of $122,381.19 to ACWA/JPIA for April 2018 medical and dental premiums; a check of
$143,538.15 to De Nora Water Technologies for Richfield CL2 project - cell drinking water
assembly; and a check of $391,834.15 to Pacific Hydrotech Corporation for Fairmont booster pump
station progress payment #15. The balance of $241,913.53 is for routine invoices.
The Accounts Payable check register total is $1,690,192.55, Payroll No. 05 total is $294,688.39,
where the total of all listed disbursements for this agenda report is $1,984,880.94. A summary of
the disbursements is attached.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
ATTACHMENTS:
Name:Description:Type:
18-CS_0327.pdf Cap Sheet Backup Material
CkReg032718.pdf Check Register Backup Material
18_CC_0327.pdf Credit Card Summary Backup Material
Summary of Disbursements
March 27, 2018
CHECK NUMBERS & WIRES:
Computer Checks 71865—71957 $ 899,667.02
____________
$ 899,667.02
WIRES:
W 031518 MWDOC $ 621,089.04
W031518 So. Cal Gas Co. $ 25,739.99
W032118 US Bank $ 143,696.50
____________
$ 790,525.53
TOTAL OF CHECKS & WIRES $1,690,192.55
PAYROLL NO. 05:
Direct Deposits $ 189,216.16
Third Party Checks 6902—6909 $ 17,460.58
Payroll Taxes $ 49,470.36
EFT – CalPERS Payroll #05 $ 38,541.29
$ 294,688.39
TOTAL OF PAYROLLS $294,688.39
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $1,984,880.94
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF MARCH 27, 2018
==================================================================.
Check No.Date Vendor Name Amount Description
71884 03/27/2018 ACWA/JPIA 122,381.19 MEDICAL & DENTAL PREMIUM - APRIL 2018
71885 03/27/2018 ACWA-Assn Of Ca Water Agencies 10,000.00 NO DRINKING WATER EDUCATION TAX & OUTREACH CAMPAIGN
71886 03/27/2018 Advanced Infrastructure 1,140.60 TOOLS & EQUIPMENT
71887 03/27/2018 Al Nederhood 123.17 MILEAGE REIMBURSEMENT - FEBRUARY 2018
71871 03/27/2018 ALFRED TREJO 41.73 CUSTOMER REFUND
71878 03/27/2018 ALLIANCE LLC 367.08 CUSTOMER REFUND
71888 03/27/2018 Aquatic Inspections 2,900.00 J18-08 - FAIRMONT RESERVOIR LEAK DETECTION
71889 03/27/2018 Aramark 387.36 UNIFORM SERVICE
71900 03/27/2018 ARC 520.85 PLANWELL & BIDCASTER BILLING
71891 03/27/2018 AT & T - Calnet3 859.51 ATT CALNET 3 - 2/1/18 - 2/28/18
71890 03/27/2018 ATS Communications 3,500.00 DEVELOPMENT POLICY & PROCEDURE
71881 03/27/2018 BAKERSFIELD WELL & PUMP CO 1,000.00 CUSTOMER REFUND
71879 03/27/2018 BETSY KENNEDY 5.05 CUSTOMER REFUND
71893 03/27/2018 BLX Group LLC 2,200.00 FINAL ARBITRAGE REBATE COMPLIANCE SERVICE
71894 03/27/2018 BrightView Tree Care Services Inc.4,959.70 TREE CARE AND LANDSCAPE SERVICE - 2008 COP
71895 03/27/2018 Brooke Jones 89.38 TRAVEL EXPENSE - ACWA GROUNDWATER COMMITTEE MEETING
71867 03/27/2018 BURGER KING #11157 CA FOOD MGMT 88.17 CUSTOMER REFUND
71865 03/27/2018 BURT EDROZO 17.25 CUSTOMER REFUND
71903 03/27/2018 C. Wells Pipeline 473.03 HYDRANT REPAIR PARTS
71896 03/27/2018 CalCard US Bank 19,477.81 CREDIT CARD TRANSACTIONS - FEBRUARY & MARCH 2018
71897 03/27/2018 City Of Anaheim 35,921.13 ELECTRICITY CHARGES AT MULTIPLE LOCATIONS - FEBRUARY 2018
71898 03/27/2018 Clinical Lab. Of San Bern.1,626.00 WATER QUALITY - SAMPLING - FEBRUARY 2018
71899 03/27/2018 Community Lock & Safe Service, Inc.14.94 HARDWARE SUPPLIES
71901 03/27/2018 Cortech Engineering 4,262.62 FAB KIT - SNYDER 275 GAL TANK
71869 03/27/2018 CRAIG MOORE 66.09 CUSTOMER REFUND
71902 03/27/2018 Culligan of Santa Ana 2,288.00 EQUIPMENT PE SOFTENER
71904 03/27/2018 Cynthia M. Botts 202.50 JANUARY 2018 - PROFESSIONAL SERVICES
71880 03/27/2018 DANNY FLUCKE 34.26 CUSTOMER REFUND
71905 03/27/2018 Dapper Tire Co. Inc.796.27 VEHICHLE MAINTENANCE - UNIT#189 & #191
71908 03/27/2018 De Nora Water Technologies Texas, LLC 143,538.15 RICHFIELD CL2 PROJECT
71910 03/27/2018 Dean Criske Trucking 1,118.61 ROAD MATERIAL
71906 03/27/2018 Dell Marketing L.P.11,368.03 PRO SUPPORT PLUS AND VLA VISUAL STUDIO PRO 2017
71907 03/27/2018 Delta Wye Electric, Inc.1,266.48 SCADA WORK - BATTERY PACK
71909 03/27/2018 deRose Promos 1,917.95 YLWD WOVEN ENVIRO TOTES
71911 03/27/2018 E. H. Wachs Company 1,021.27 VEHICLE MAINTENANCE - UNIT #195
71912 03/27/2018 Enkay Engineering & Equipment Inc 900.00 DISPOSAL OF TRANSITE PIPE
71913 03/27/2018 Enthalpy Analytical, Inc.2,557.00 WATER QUALITY - SAMPLING - FEBRUARY 2018
71915 03/27/2018 EyeMed 1,318.25 EYE MED - MARCH 2018
71914 03/27/2018 Federal Express 128.39 SHIPPING CHARGES
71874 03/27/2018 FELIPE OLIVAR 176.29 CUSTOMER REFUND
71916 03/27/2018 Firemaster 1,809.75 ANNUAL FIRE EXTINGUISHER SERVICE
71917 03/27/2018 Flex Advantage 135.00 FLEX ADVANTAGE - FEBRUARY 2018
71918 03/27/2018 Gates Fiberglass Installers, Inc.3,462.00 FIBERGLASS BLEACH TANK SERVICE
71919 03/27/2018 Grainger 523.52 TOOLS & EQUIPMENT
71920 03/27/2018 Graybar Electric Co 9,171.27 EQUIPMENT AND SUPPLIES
71883 03/27/2018 GRIFFIN STRUCTURES 992.50 CUSTOMER REFUND
71921 03/27/2018 Haaker Equipment Co.444.44 VEHICLE MAINTENANCE - UNIT #210
71877 03/27/2018 HADASSA ALMADA 128.18 CUSTOMER REFUND
71922 03/27/2018 Harrington Industrial 703.58 CL2 PARTS
71892 03/27/2018 IEH-Biovir Laboratories Inc 440.00 DIRECT MICROSCOPIC EXAMINATION
71924 03/27/2018 Interstate Pole Industries 868.64 FLAG POLE & SUPPLIES
71928 03/27/2018 J & S Construction 3,375.00 CONCRETE REPAIR - MULTIPLE LOCATIONS
71925 03/27/2018 Jeff Jenkins Service Technician 2,182.12 CL2 SYSTEM SERVICE
71876 03/27/2018 JENNIFER LE 165.85 CUSTOMER REFUND
71926 03/27/2018 Jeremy Smith 31.00 (3) DOZEN DONUTS - OPERATIONS SAFETY MEETING
71927 03/27/2018 Jesse Diaz 345.00 CERTIFICATE REIMBURSEMENT - COLLECTION SYSTEM MAINTENANCE G1
71866 03/27/2018 JIMMY RATLIFF 44.18 CUSTOMER REFUND
71929 03/27/2018 Kenny Graff 55.00 CERTIFICATE REIMBURSEMENT - T1
71930 03/27/2018 Kidman Law 19,212.75 LEGAL SERVICES
71931 03/27/2018 Lawson Products Inc 351.06 MECHANIC SHOP SUPPLIES
71932 03/27/2018 LJH Consulting Services 4,802.50 PROFESSIONAL SERVICES - NOVEMBER/DECEMBER 2017
71933 03/27/2018 LPR-Laser Printer Repair Co 181.39 SERVICE CALL - HP8100DN
71923 03/27/2018 MailFinance 292.29 HASLER LEASE - POSTAGE MACHINE
Yorba Linda Water District
Check Register
For Checks Dated: 03/14/2018 thru 03/27/2018
71934 03/27/2018 Managed Health Network 177.75 EAP - MARCH 2018
71872 03/27/2018 MARIA ABROGAR 13.27 CUSTOMER REFUND
71935 03/27/2018 Mc Fadden-Dale Hardware 206.24 HARDWARE SUPPLIES
71936 03/27/2018 Mc Master-Carr Supply Co.811.87 RAILINGS & CABLE RAMPS
71957 03/27/2018 Municipal Water District 11,932.00 WATER LOSS CONTROL TECHNICAL ASSISTANCE & METER ACCURACY TESTING
W031518 03/15/2018 Municipal Water District 621,089.04 WATER DELIVERIES - JANUARY 2018
71937 03/27/2018 NatPay Online Business Solutions 24.45 DOCULIVERY - FEBRUARY 2018
71938 03/27/2018 Nickey Kard Lock Inc 3,971.83 FUEL - 02/16/18 - 02/28/18
71939 03/27/2018 Office Solutions 103.44 OFFICE SUPPLIES
71940 03/27/2018 Pacific Hydrotech Corporation 391,834.15 J10-11B - FAIRMONT PUMP STATION UPGRADE #15
71941 03/27/2018 Pacific Western Bank 20,622.85 J10-11B - FAIRMONT PUMP STATION UPGRADE- RETENTION #15
71875 03/27/2018 PHILIPP MAKRUTZKI 10.97 CUSTOMER REFUND
71942 03/27/2018 Praxair Distribution 162.02 CYLINDER RENTAL
71943 03/27/2018 Process Solutions, Inc.1,693.80 RMA CELL REFURBISH BOM
71944 03/27/2018 Public Retirement Journal 195.00 RETIREMENT JOURNAL SUBSCRIPTION
71950 03/27/2018 Rachel Padilla/Petty Cash 168.02 PETTY CASH - O031418, O022218 & Y031418
71945 03/27/2018 RE Fabricators 6,650.33 WATER SERVICE REPAIR PARTS
71946 03/27/2018 RKI Engineering, LLC 2,700.00 SOFTWARE CONSULTING AND CONTROL SUPPORT - GREEN CREST
71947 03/27/2018 Robertson's 1,183.99 READY MIX CONCRETE
71948 03/27/2018 Sanders Paving, Inc.1,600.00 CONCRETE REPAIR - 6061 NUTMEG, YORBA LINDA
71868 03/27/2018 SARAH CLEVENGER 109.29 CUSTOMER REFUND
71949 03/27/2018 Solarwinds Inc.696.00 ANNUAL MAINTENANCE RENEWAL PM250
W031518A 03/15/2018 Southern Calif Gas Co.25,739.99 GAS CHARGES - MULTIPLE LOCATIONS - FEBRUARY 2018
71951 03/27/2018 Titan Water Technology Inc 295.00 MIRALOMA HVAC SERVICE CHARGE
W032118 03/21/2018 U S Bank 143,696.50 2012a BOND INTEREST/PRINCIPAL - MARCH 2018
71952 03/27/2018 Underground Service Alert 241.00 DIGALERT - FEBRUARY 2018
71953 03/27/2018 United Industries 91.99 PPE EQUIPMENT
71954 03/27/2018 United Water Works, Inc.10,890.29 OPERATION WORK MATERIAL
71955 03/27/2018 Verbal Judo Institute, Inc.3,548.27 PROFESSIONAL SERVICES - VERBAL JUDO
71870 03/27/2018 WENDY KIM 17.44 CUSTOMER REFUND
71873 03/27/2018 XUESHENG CHEN 160.05 CUSTOMER REFUND
71956 03/27/2018 YO Fire 8,627.21 OPERATIONS WORK MATERIAL
71882 03/27/2018 YOUNG SHIN 157.37 CUSTOMER REFUND
1,690,192.55
03/08/2018 PAYROLL #05 - EMPLOYEE DIRECT DEPOSIT 189,216.16
03/08/2018 PAYROLL #05 - PAYROLL TAX PAYMENT 49,470.36
03/08/2018 PAYROLL #05 - CALPERS EFT 38,541.29
6902 03/08/2018 COLONIAL LIFE 107.10
6903 03/08/2018 FLEX ADVANTAGE 2479.09
6904 03/08/2018 LINCOLN FINANCIAL GROUP 4,869.29
6905 03/08/2018 NATIONWIDE RETIREMENT SOLUTIONS 8,677.96
6906 03/08/2018 GARNISHMENT 231.00
6907 03/08/2018 CA STATE DISBURSEMENT UNIT 366.92
6908 03/08/2018 CA STATE DISBURSEMENT UNIT 339.69
6909 03/08/2018 CA STATE DISBURSEMENT UNIT 389.53
294,688.39
Payroll Checks #05
Vendor Name Amount Description
Southwest Airlines 131.96 Travel expense - LCW Conference- Knight
Verizon Wireless 3,288.10 Verizon Wireless -12/21/17 - 1/20/18
Liebert Cassidy Whitmore 70.00 LCW webinar - Hot Topic in Negotiations for 2018
Harrington Industrial 846.41 J17-33 - CL2 parts for Camino De Bryant project
Liebert Cassidy Whitmore 70.00 LCW webinar - File That! Best Practices for Document and Record Management
Southwest Airlines 372.97 Travel expense - ACWA Groundwater Committee Meeting - Dir. Jones
Delta Cab 38.00 Travel expense - ACWA Groundwater Committee Meeting - Dir. Jones
Super Cab 25.00 Travel expense - ACWA Groundwater Committee Meeting - Dir. Jones
ONTARIO AIRPORT LOT 18.00 Travel expense - ACWA Groundwater Committee Meeting - Dir. Jones
Bay Area Rapid Transit 22.00 Travel Expense - LCW Conference - Knight, G
Mona Lisa 68.49 Travel Expense - LCW Conference - Knight & Lim
Hyatt Regency Hotels 1,324.82 Travel expense - LCW Conference- Knight & Lim
Association of California Cities - OC 45.00 Pension Forum registration - Nederhood, A
Uline 122.37 Convex outdoor mirror
U S Postmaster 13.35 USPS postage - mailing of forms 1094C/95C
Amazon.com 211.62 Vehicle maintenance - Unit #156
California Pizza Kitchen 23.38 Travel Expense - LCW Conference - Knight & Lim
AWWA - CA-NV Section 1,560.00 Operator Symposium 2018 - (8) attendees
Costco 259.23 Meeting & breakroom supplies
Home Depot 358.89 (64) bags of concrete
Home Depot 65.92 Sod & seeds - landscape repair
Home Depot 1,162.48 Material for warehouse
BBQ Galore 269.36 XXL - BGE Nest
Schorr Metals, Inc.19.57 Building repair parts - aluminum post for signs
Home Depot 96.59 Warehouse material
USA Blue Book 37.63 Production repair parts
Light Bulbs Etc 167.44 (12) light bulbs
Home Depot 124.37 Warehouse supplies
Best Value Tire & Wheel 98.85 Vehicle maintenance - Unit #191
Home Depot 216.59 Miscellaneous building parts
Home Depot 102.66 (24) WD-40 Cans - Operations
Praxair Distribution 135.02 Welding supplies - hydrant crew
KB Design 345.06 20 Flex Fit ball caps - Operations & Polo shirts - BOD
Mobile Industrial Supply 595.06 Welding supplies
Best Value Tire & Wheel 30.00 Vehicle maintenance - Unit #176
Time Warner Cable 358.48 Spectrum business TV - Miraloma
ANSI 165.00 ISO15489-1:2016 - Part 1 - Concept and Principles
Parking Concepts Inc.7.00 Travel expense - OCSD meeting - Dir. Nederhood
CSDA 225.00 CSDA Workshop registration - Padilla, R
Ruby's Diner 62.00 Lunch - Tour of San Jacintos tunnel - (5) attendees
Praxair Distribution 201.40 Welding supplies - valve crew
Home Depot 123.47 Plumbing supplies - facilities
Fantasy Burger 16.04 Lunch meeting - DeCriscio & Martinez
Home Depot 758.29 Building supplies - facilities
Harrington Industrial 44.18 CL2 replacement parts
Roseburrough Tool Company 271.59 Tools & equipment
Verizon Wireless 3,830.08 Verizon Wireless -1/21/18 - 2/20/18
Answer One Communications 435.00 Virtual reception service - After hours
Placentia Disposal #676 605.24 (2) front loads - Richfield Rd.
Pavilions 25.39 Board meeting supplies
Michaels Arts & Crafts 13.46 Office supplies
19,477.81
Cal Card Credit Card
U S Bank
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: March 27, 2018
To:Board of Directors Cost Estimate:No New Cost
From:Marc Marcantonio, General
Manager
Account No:1-4020-0780-36
Prepared By:Steve Conklin, Engineering
Manager
Subject:Policies and Procedures for Communication Facilities Licenses Within District
Properties
STAFF RECOMMENDATION:
That the Board of Directors approve Resolution No. 18-05 adopting Policies and Procedures for
Communication Facilities Licenses Within Yorba Linda Water District Properties.
DISCUSSION:
In 2008 for the Highland Reservoir site and in 2013 for the Quarterhorse Reservoir site the Board
approved agreements for cell tower facilities that were deemed feasible and compatible with District
operations. Annual payments to the District of $36,000 per year for the Highland site and $32,000
per year for the Quarterhorse site are received. Since 2008, there have been several changes and
adds to the facilities at Highland that increased the annual payment. For the Quarterhorse site, two
new cell service providers have contacted the District to add their facilities to that site, though no
action has been taken on those requests (subject to the Board's consideration of this item).
A few months ago, the District was contacted by ATS Communications, a private consultant that
provides professional services for the development and ongoing management of wireless
communications facilities for public agencies. The District's General Manager and management
staff met with the president of ATS Communications to discuss the services provided and benefits
of having a specialty consultant manage the District's wireless communications facilities. Following
that meeting, District staff contacted Moulton Niguel WD, one of the eight reference agencies
provided by ATS. MNWD indicated that they have many cell sites, have been using ATS for several
years and are very pleased having them manage this specialty work, rather than MNWD staff.
Following further discussions with ATS, a Professional Services Agreement was executed for
$3,500, as approved under the authority of the General Manger. Under that PSA, ATS
Communications prepared a draft Policies and Procedures document with appendices, for
communication facilities licenses within the District. That draft document has gone through review
by District staff and legal counsel and ATS, and is being brought to the Board for consideration of
approval.
In the attached Policies & Procedures for Communication Facilities Licenses, cell service providers
who request changes to their existing facilities or those that request to add new communication
facilities would pay up-front fees at the time of any application to the District. Those fees would be
used by the District to pay for the services of ATS Communications for all costs associated with the
new work. Further, under the PSA with ATS Communications, they will look for opportunities for
communication facilities at other District sites, subject to review and approval by the District.
In summary, District staff anticipates that services provided by ATS Communications will be funded
by fees paid by cell service providers, and that the management of the District's existing and
potential future cell sites by an outside professional, will maximize our revenue and minimize our
staff time and exposure. This will allow staff to concentrate on our core business of water and
wastewater.
ATTACHMENTS:
Name:Description:Type:
Resolution_No._18-05_-_Comm_Facilities_Policy.pdf Resolution Resolution
4010-001_-_Comm_Facilities_Policy.docx Exhibit Exhibit
4010-001_-_Appendix_A.docx Exhibit Exhibit
4010-001_-_Appendix_B.docx Exhibit Exhibit
4010-001_-_Appendices_C_thru_F.docx Exhibit Exhibit
Resolution No. 18-05 Adopting a Communications Facilities Licenses Policy 1
RESOLUTION NO. 18-05
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING POLICIES AND PROCEDURES FOR
COMMUNICATION FACILITIES LICENSES
WITHIN YORBA LINDA WATER DISTRICT PROPERTIES
WHEREAS, the Yorba Linda Water District (District) has multiple communications site
lease agreements currently in force; and
WHEREAS, the District has received additional requests for such lease agreements; and
WHEREAS, the District desires to set forth policies and procedures for granting
communication licenses and approving licensee improvements on District
properties.
NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does find,
determine, and resolve:
Section 1. The District’s Communication Facilities Licenses Policy as set forth and
attached hereto is hereby adopted and shall be deemed effective March 27,
2018.
PASSED AND ADOPTED this 27th day of March 2018 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Al Nederhood, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Law LLP
4010-001 Communication Facilities Licenses Policy Page 1 of 11
Policies and Procedures
Policy No.: 4010-001
Adoption Method: Resolution No. 18-05
Effective Date: March 27, 2018
Prepared By: Steve Conklin, Engineering Manager
Applicability: District Wide
POLICY: COMMUNICATION FACILITIES LICENSES WITHIN YORBA
LINDA WATER DISTRICT PROPERTIES
In recent years, the District allowed the installations of two wireless communications
facilities on its properties that were deemed feasible and compatible with District
operations. Looking to the future, to better manage these existing facilities and potential
new facilities, the District and ATS Communications entered into a Professional Services
Agreement (“Agreement”) on January 3, 2018, for the development and ongoing
management of wireless communications facilities (e.g. cell towers) on District property.
As part of this Agreement, ATS Communications and the District have developed these
Policies and Procedures for granting communication licenses and approving licensee
improvements on District properties. In accordance with these Policies and Procedures,
the District will balance its interest in generating revenues from wireless communication
companies against the District’s operational needs and security of its facilities and
property for Communications Facilities.
1.0 INTRODUCTION
The terms and requirements set forth in these Policies and Procedures shall
apply to all Communication Facilities and all references to License(s) and/or
Licensee(s) shall extend to all existing Lease(s) and Lessee(s), as applicable. All
new applications for Communication Facilities shall comply with the terms as
outlined in these Policies and Procedures, and the authorizations to use District
property shall be in substantially the same form as the Communication Facility
License Agreement attached in Appendix A.
Any existing Lease for Communication Facilities may be replaced with a
Communication Facility License Agreement permitted under these Policies and
Procedures upon the expiration of the current Communications Facility Lease
Agreement; or, earlier upon request, provided such Lessee is not in default under
the terms of such existing Communications Facility Agreement.
The terms and requirements set forth in these Policy and Procedures shall also
apply to Amendments or changes to existing Communications Facility
Agreements. See Appendix B for the form of Amendments to License
Agreements.
These Policies and Procedures may be amended from time-to-time by YLWD’s
Board of Directors, in its sole discretion. YLWD shall notify, in writing, Licensee,
in advance, of any proposed revision to these Policies and Procedures. All
4010-001 Communication Facilities Licenses Policy Page 2 of 11
Licensees shall comply with the most current Board approved version of these
Policies and Procedures.
1.1 DEFINITIONS
The terms referenced in these Policy and Procedures shall have the
meanings as defined below.
A. Amendment – A written change or addition to a Communication
Facility License Agreement which, when properly executed, has
the same legal validity as the original Communication Facility
License Agreement.
B. Application - Application for new Communication Facilities, or
modifications to existing Communication Facilities, that complies
with the terms outlined in these Policy and Procedures.
C. Board – The Board of Directors of Yorba Linda Water District.
D. Communication Facility – Cell Site, Wireless Communications
Facilities, WCF
E. District – Yorba Linda Water District.
F. General Manager – General Manager of the District, his or her
designee, or the person appointed by the Board to act in the
capacity of the General Manager and authorized to administer this
Policy on his/her behalf.
G. Licensees - Wireless communication companies, including
existing lessees and new applicants for Communication Facilities.
H. License Agreement - Communication Facility License Agreement
between District and Licensee.
I. Site - District property for the location of Communications
Facilities pursuant to a License Agreement.
2.0 LICENSE AGREEMENTS AND AMENDMENTS
2.1. Any and all License Agreements and Amendments are subject to
approval by the District and its General Counsel, who retain the right not
to enter into any License Agreement or Amendment. Only the District has
the authority to enter into any License Agreement or Amendment.
2.2. The General Manager shall review and negotiate all License Agreements
and Amendments in accordance with these Policies and Procedures.
2.3 Key terms of the License Agreement in Appendix A include:
A. The License Term shall be for ten (10) years, and at the option of
Licensee for an additional five (5) year period (fifteen (15) years
aggregate) provided Licensee is not currently in default under the
License Agreement.
B. The License Fee amount for the ten (10) year license period shall
be negotiated between the District and the Licensee and is
4010-001 Communication Facilities Licenses Policy Page 3 of 11
payable in advance in annual payments. Payment schedule for
License Fees is listed in Appendix A of the Agreement.
C. Annual License Fees shall begin immediately and be payable
within 45 days of the full execution of the License Agreement
and/or Amendment (the prorated portion of the annual License
Fee, if any).
D. License Fee amounts will be subject to an automatic yearly
increase equal to 4 percent (4%) per annum during the ten (10)
year license period and during any option period, as applicable.
General Manager may negotiate other annual percentage
increase rates at the time of the Agreement execution, so long as
the starting Annual License Fee amount and the annual
percentage increase equate to an equivalent net-present-value as
the previously determined License Fee at a 4 percent per annum
increase. In addition, if applicable, a one-time catch-up inflation
adjustment shall be made for the first year of the option period
based on the consumer price index as described in Section 4 of
the License Agreement.
E. Should the agreement lapse, the District shall charge a holdover
fee of 150% of the then current annual License Fee, pro-rated on
a monthly basis as described in Section 5 of the License
Agreement.
F. Licensee shall submit to the District for approval, two (2)
competitive bids with a performance bond for removal of the
Licensee’s equipment and restoration of the Site, at the
Licensee’s expense, to the condition which existed prior to
Lessee’s installation of its equipment.
3.0 CELL CARRIER FACILITY DEVELOPMENT GUIDELINES AND
REQUIREMENTS
3.1 Universal Installation Requirements
All Communications Facilities on District properties shall be installed,
operated, maintained, modified, and altered, according to these Policies
and Procedures, whether under new, or pursuant to existing, License
Agreements.
The following requirements apply to all Communications Facilities on
District property.
A. New Site Build, Site Modifications and Site Repairs
1. Although the process from Application through Site design,
License Agreement negotiations to construction
completion for the New Site Build, Site Modifications, and
Site Repairs may be managed by a third-party, the District
retains all rights as the property owner to control the entire
process. The District’s policy is for all Communications
Facilities to be located on separate tower structures, where
ever possible, on a District Site. Construction,
modifications and site repairs of Licensee’s
communications facility shall be coordinated with the
District and conducted so as not to create an unsafe or
4010-001 Communication Facilities Licenses Policy Page 4 of 11
dangerous condition or unduly interfere with the conduct of
any other activities at the Property. All work to be done by
Licensee shall be performed in accordance with plans
approved by the District and shall be in accordance with
District Standards.
2. Prior to commencement of any work by Licensee at a
District property, the District shall have:
a. A fully executed License Agreement or
Amendment, as applicable;
b. A current Certificate of Insurance with the proper
endorsements pursuant to Section 12 of the
License Agreement. Additionally, Licensee shall
ensure that any contractor(s) to be engaged in the
installation, maintenance, or modification of any
kind of a Communications Facility, conform with the
Insurance requirements described in the License
Agreement;
c. Set of construction drawings/plans for the proposed
Communications Facility signed and stamped by
both a licensed professional Civil Engineer,
registered in the State of California (P.E.) and the
jurisdiction of record received and accepted by the
District;
d. Proof that Licensee has complied with all applicable
zoning and planning approval requirements from
appropriate jurisdictions along with Conditions of
Approval (COA’s), if any;
e. A copy of a building permit, and/or any other
permit(s) required; and,
f. A copy of the signed and stamped Structural
Analysis, from a P.E.
3. A pre-construction conference conducted with the District’s
Inspector. The pre-construction conference shall be held
at least one week prior to start of construction and
attended by Licensee’s representative(s), its contractor(s),
and the District’s Inspector. Licensee or its contractor(s)
shall provide the District’s Inspector the following:
a. A complete construction schedule;
b. 24-hour contact information for the contractor(s)
and/or its project foreman; and
c. Contractor(s) proof of Insurance and all
endorsements.
4. No work shall commence prior to the issuance of a
Consent Letter by the District. The District shall issue a
Consent Letter once all the requirements in these Policy
and Procedures and the License Agreement have been
4010-001 Communication Facilities Licenses Policy Page 5 of 11
met by the Licensee and the District has determined that
the proposed work may commence. The Consent Letter
shall accompany District approved construction
drawings/plans that have been signed and stamped by the
jurisdiction of record.
5. After the Licensee receives a Consent Letter and District
approved construction drawings/plans, the Licensee, or its
contractor(s) shall notify the District’s Inspector at least two
(2) working days prior to beginning any work.
6. The District reserves the right not to issue, or right to
withdraw, its approval to commence work if the Licensee or
its contractor(s) have failed to satisfy these Policy and
Procedures or is in default of the License Agreement.
7. If the District’s facilities require maintenance work that may
interfere with the Licensee’s activities at the Site, the
District reserves the right to require Licensee to postpone
Licensee’s work activities on the Site until such time the
District’s work has been completed. The District will,
wherever possible, give advance notice of any scheduled
maintenance work and coordinate its activities with the
Licensee and/or its representatives.
8. Under no circumstances will Licensee and/or it employees,
agents, contractors be allowed access to the roof of any
District reservoir tank without direct District staff
supervision. Furthermore, the District reserves the right to
determine any work limitations at any District facilities
and/or Site.
9. Licensee’s personnel, including contractors and
subcontractors, shall ensure that the District Site and
District facility is accessible at all times to District
personnel, in accordance with Section 4. below.
10. The Licensee shall be responsible for any damage, due to
any of its construction work or other activities, to District
facilities and/or District Site and upon request by the
District shall promptly return damaged facilities and/or Site
to its pre-existing condition, or better, at no cost to the
District, and Licensee shall ensure its contractors comply
with the foregoing. In the event Licensee does not comply,
District may perform the necessary repairs and bill
Licensee, which Licensee shall pay within thirty (30) days
of receipt of the invoice.
11. All new and existing Communication Facilities and
equipment owned by the Licensee shall be properly
tagged, identifying the Licensee’s name, Site name and/or
number, and 24-hour emergency phone number.
12. The Licensee and its contractor(s) shall have a copy of the
jurisdictional required permit(s) and the construction
drawings/plans approved by the District’s Director of
4010-001 Communication Facilities Licenses Policy Page 6 of 11
Engineering (or designee) on-site at all times, while work
activities are occurring.
13. The Licensee and its contractor(s) are both responsible to
ensure the District Site and facilities cannot be accessed
by the public at any time while work activities are
occurring.
14. Upon completion of work, Licensee shall schedule a final
walk-through with the District’s Inspector. Upon
acceptance by the District’s Inspector, Licensee or its
contractors shall provide the District with a set of District
accepted construction drawings/plans with field mark-ups
(as-built), if any. These construction drawings/plans shall
be labeled “Record Drawings” and are mandatory for the
District to issue a Notice of Completion upon completion of
the installation and/or related work activity. Any project that
has not been successfully completed may result in the
District’s delay in reviewing any subsequent project
submittal(s).
15. Licensee and its contractors shall comply with all local,
state, and federal health and safety requirements
pertaining to the construction, installation, operation and
maintenance of their Communications Facilities.
Requirements of the Occupational Safety and Health
Administration (OSHA) & Federal Communications
Commission(FCC) shall be adhered to at all times;
including any safety and injury prevention placards or
program that is required under applicable laws and/or
regulations. A copy of such program, if required by law or
regulation, shall be on-site at all times and employees and
contractors of the Licensee shall be trained accordingly.
3.2 Maintenance & Emergency Access
Maintenance at Communication Facilities is divided into two categories:
Routine and Non-routine. If Licensee has uncertainty which category
proposed work is defined as, Licensee should contact the District’s
Inspector. All maintenance activity shall be performed during regular
business hours (7:00 AM – 5:00 PM, Monday through Thursday) or
according to the hours prescribed by the jurisdiction of record, whichever
is more stringent.
A. Routine maintenance is defined as the following:
1. Any work performed by Licensee to repair or service the
Communication Facility which does not require
entitlements (e.g. Planning/Zoning Approval, Building
Permit, Electrical Permit) from a jurisdictional body; and
2. Any work within Licensee’s equipment area that does not
extend beyond the Site, in any direction, and does not
require any excavation; and
3. In the case of antennas, like-for-like replacement is
acceptable, subject to the conditions of approvals (COA’s)
4010-001 Communication Facilities Licenses Policy Page 7 of 11
imposed by the jurisdiction of record for the current
antenna installation.
B. Non-routine maintenance:
Non-routine maintenance is defined as: Any maintenance,
modification, construction that alters the sizes, weight, shape,
appearance or other similar characteristics of a replacement
component. In such case, Licensee is required to submit an
Application, appropriate fee(s), and construction drawings/plans
for the District’s review and approval.
C. Emergency Access:
Licensee emergency access may be required in an event whereby
Licensee’s Communication Facilities becomes suddenly impaired
or non-operational due technical reasons including, but not limited
to power failure, equipment failure, theft, vandalism, or acts of
nature. In such an event, Licensee has the non-exclusive license
to access the Communication Facilities via foot or motor vehicle
(but not including vehicles with more than two (2) axles/more than
twenty (20) feet in length) in order to install, operate, and maintain
the Communications Facility, provided that Licensee adheres to
this Program.
In the event of such an emergency, Licensee will use best efforts
to undertake repairs during standard business hours. Licensee
shall immediately, but no less than within 24 hours, notify the
District, via e-mail and phone (714) 701-3000, when access to a
District Site occurred or is to occur as a result of an emergency.
3.3. Site Restoration
District Sites shall be repaved or restored. Any other features disturbed,
removed, or damaged by Licensee or its contractors shall be replaced
with new features, or repaired, as determined by the District Inspector.
The Site shall be restored within 30 days to a condition equal or better.
3.4. Emergency Back-up Generators
The District is aware of the importance of disaster preparedness,
recovery, and restoration during natural disasters and the need for
operational continuity of communications networks. In time of natural
disasters, communication networks are a critical component for public
safety (e.g. first responders such as firefighters, law enforcement,
paramedics, utility workers, and relief workers). In an effort to be
environmentally friendly and reduce the amount of effluent emissions at
any one Site, rather than each carrier providing their own fixed backup
power source, a single multi-tenant generator unit will provide a fixed
generation asset that Licensees can access at a commercially reasonable
cost. Therefore, the District recognizes the importance of a single multi-
tenant generator asset owned, operated, and maintained by a third-party
provider.
Notwithstanding the foregoing, the District, in its sole discretion, may
allow Licensee access for portable standby generators. The District may,
4010-001 Communication Facilities Licenses Policy Page 8 of 11
at any time, require the Licensee to remove Licensee’s portable standby
generator(s).
4.0. SITE ACCESS AND SECURITY
4.1. Installation of Locking Devices
In the event Licensee requires access through the District’s gate on a Site
for access to Licensee’s Communications Facility, Licensee shall install a
District approved lock, which shall be “daisy chained” to the existing chain
and locks in order to provide access for all agencies with existing locks;
exceptions to daisy chaining will be at the District’s sole discretion.
4.2. Security Measures and Access Regulations
The District is subject to local, State, and Federal law, including
Homeland Security regulations. Pursuant to these Policy and
Procedures, Licensee and its contactors will have access to District
facilities which are deemed Critical Infrastructure as defined by both the
Critical Infrastructures Protection Act of 2001 (42 U.S.C. § 5195c(e)) and
defined as pipeline, interconnection, treatment plant, pumping or lift
station, water, wastewater or chemical storage tank, power generating
plant or interconnection and any physical computer-based operating or
monitoring system, communications, hardware, software, procedures,
information, wherein any actual, potential, or threatening interference
with, attack on, compromise of, or incapacitation of, would jeopardize or
threaten public health or safety. Accordingly, Licensee and its contractors
must comply with security measures and access regulations, including,
but not limited to:
A. Licensee and its contractor(s) shall ensure their activities do not
block the District’s personnel from accessing the Site at any time,
except with District’s prior written consent.
B. Except in an emergency situation described in Section 3.2.3
above, Licensee and its contractors may not access a District Site
unless the Licensee provides, and District acknowledges, at least
two (2) working days’ notice to access a District Site. In an
emergency situation, Licensee must give the District notice of
access to a District Site immediately but no later than 24 hours
after access as described above in Section 3.2.3.
C. Rules and guidelines for each District Site are at the sole
discretion of the District and shall be adhered to by Licensee.
Site-specific rules and regulations, and updates to them, will be
effective upon written notice to Licensee. Failure to follow the
District’s rules and guidelines may result, in the sole discretion of
the District, in the forfeiture of the License Agreement.
D. Licensee may not leave the District Site accessible (unlocked
gate) and unattended at any time for any reason. It is the
responsibility of the Licensee to ensure the District Site is properly
locked upon leaving for any amount of time. If District personnel
are present at a District Site, it is Licensee’s responsibility to
announce their presence and to let District personnel know when
they leave.
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E. In the event Licensee discovers theft or vandalism, whether to the
Licensee’s facilities or District Site, Licensee shall report it to the
District either immediately or at least within 48 hours.
F. Licensee or its contractors shall provide at least 24-hours written
notice to the District prior to accessing a District Site and an
estimated duration of the Site activities. Licensee or its
contractors shall immediately notify the District when they have
exited the Site on each day (not including meal breaks) until the
activities for that project or maintenance have concluded. The
notification shall be by email.
G. Employees of Licensee and its contractors accessing a District
Site shall carry name badges and picture identification and shall
present such to a District employee when requested. Persons
without proper identification may be required to leave the Site.
H. All vehicles of Licensee or its contractors shall be marked as such
and be distinguishable from general public vehicles when on a
District Site. Any vehicle accessing District Site without
distinguishing markings shall display a business card in the
windshield identifying the entity accessing the Site.
I. The District may charge an escorted access fee for any requests
by Licensee employees or contractors for access that are not due
to a malfunctioning key.
4.3. Ongoing Operations
A. Ongoing operations and maintenance of the Licensee’s facility
shall comply with all applicable local, state, and federal laws and
regulations and the requirements of these Policy and Procedures
and the applicable executed License Agreement.
B. In the event Licensee installs any equipment outside the
parameters of the License Agreement without the prior written
authorization of the District, the District may, at its sole discretion,
terminate the agreement with the Licensee, or charge an
unauthorized facility fee equivalent to 200% (two hundred percent)
of the current Rent or License Fee that would have been due to
the District for a similar increase in use had the District’s prior
consent been properly obtained. For the purposes of calculating
the rent/License Fee due for such unauthorized equipment, the
District will assume the equipment was in place for the period
which is the shorter of: two years prior to the date of discovery or
the period from the effective date of the applicable License
Agreement to the date of discovery.
5.0. APPLICATION PROCESS GUIDELINES
5.1. All formal requests for a new Communications Facility, or modifications to
an existing facility, require the Licensee to submit an Application and the
appropriate fees (Appendix D) to the District for review and processing.
All Applications for new Communications Facilities shall be authorized in
substantially the same form as the Communications Facility License
Agreement template attached in Appendix A. All Applications for an
Amendment to a Communications Facility License Agreement shall be
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authorized in substantially the same form as the Amendment to
Communication Facility License Agreement template attached in
Appendix B.
5.2. The Licensee is encouraged to perform a Site-inspection with the District
early in the Application process for both the Licensee and the District to
determine if the proposed project or improvements are feasible. The
District will send notice to the Licensee of the receipt of the Application.
All Applications shall be valid for a six-month time-period starting on the
date of notice from the District to Lessee of receipt of Licensee’s
application. Licensee may request an extension to the six-month time-
period, which may be granted at the District’s sole discretion.
5.3. The General Manager shall review all Applications in accordance with
these Policies and Procedures. All Applications for proposed work at a
District Site shall follow the general Application Process Guidelines
(Project inception to project completion):
A. Licensee contacts the District to request a Site Application for a
proposed project (New Build, Modification or Decommission).
B. Licensee is referred to District’s processing agent (Agent).
C. Upon contact, Agent shall provide the Licensee with a copy of the
District’s current Communication Facilities License Program and
the District’s Communications Facilities Project Application form.
D. Licensee shall complete the Communications Facilities Project
Application Form, sign and date, then submit the form back to the
Agent, accompanied by a check for the appropriate fees issued by
the Licensee (no third-party checks will be accepted) or a
cashier’s check.
E. Agent shall review the Application for accuracy, clarity and
completeness. Upon Agent’s satisfaction, the Application shall be
delivered to the District for review and possible acceptance. The
District shall provide the Licensee a letter of acceptance and
receipt for the fees received, along with a project tracking number.
F. Licensee will coordinate with Agent for Site access, if necessary,
for Architectural & Engineering surveys (A&E site-visit).
G. Licensee shall provide Agent with construction drawings/plans for
District’s review.
H. District may require the Licensee to have the construction
drawings/plans corrected or modified and the District/Agent will
provide redlined construction drawings/plans with comments for
corrections.
I. Licensee shall provide Agent revised construction drawings/plans
for District’s final review and approval. Upon approval, the District
shall provide the Licensee a letter of authorization (LOA) allowing
the Applicant to submit the proposed construction drawings/plans
to the local jurisdiction for any necessary entitlements. If the
jurisdiction requires modifications to District approved construction
drawings/plans, Licensee shall obtain District approval for any
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modifications to previously approved District construction
drawings/plans.
J. Once the Licensee has obtained all necessary entitlements and
has fulfilled the requirements listed in Section 3 above to District’s
satisfaction, the District will issue a Consent Letter allowing
Licensee to undertake and complete the proposed work.
K. Prior to full completion of work, Licensee’s contractor(s) shall
schedule a walk-through with the District’s Inspector to identify
and list issues (punch-list), if any, with the work.
L. Once the punch-list items are completed, Licensee’s contractor(s)
shall schedule a final walk-through with the District’s Inspector.
M. Upon District’s final acceptance of the work, Licensee or its
contractor(s) shall provide the District a set of as-built plans
labeled “RECORD DRAWINGS,” showing all field changes, if any.
If no field changes were made – a note indicating “Built to Plan”
shall be depicted on the Title Sheet.
N. In addition to submitting “RECORD DRAWINGS,” the Licensee
representative shall sign and date the Consent Letter and return
the signed and dated document to the Agent for final project
close-out.
O. Upon District’s acceptance of the “RECORD DRAWINGS” and
receipt of the signed/dated Consent Letter from Licensee’s
representative, the District’s Inspector shall sign, date and return
the Consent Letter to the Licensee, which indicates the project
has been successfully closed-out.
6.0. DECOMMISSION OR TERMINATION PROCESS
Any Licensee that decides to decommission its Communications Facilities on any
of District Site shall follow the process described herein.
Licensee shall submit a letter to the District, by certified mail or equivalent,
indicating Licensee’s intention to decommission its Communications Facility
located on a District Site. The letter shall include Licensee’s Communications
Facility name and number, District Site name, Site address, contact person,
mailing address, e-mail address, and intended time-frame for the decommission
activity.
The District shall provide Licensee a return letter acknowledging Licensee’s
intention to decommission its Communications Facility and directing Licensee to
initiate the application process, payment of appropriate fees, and submission of
necessary decommission plans.
7.0 APPENDICES
A. Communications Facility License Agreement Template
B. Amendment to Communications Facility License Agreement Template
C. Application Procedure and Forms
D. Fee Schedule
E. Signature Block and Equipment Table Samples
F. Construction Notes, General Notes, Plan Notes & Requirements
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YORBA LINDA WATER DISTRICT
COMMUNICATIONS FACILITY LICENSE AGREEMENT
([Carrier]/[District Site Name])
THIS LICENSE AGREEMENT (“License”) is made and entered into this ____day of
_____, 20xx, (“Effective Date”) by and between YORBA LINDA WATER DISTRICT, a
California water district existing and operating pursuant to Division 12 of the California Water
Code (“District”), and [CARRIER NAME], a _____________, dba _______________
(“Licensee”). District and Licensee are sometimes referred to in this License individually as
“party” or jointly as “parties.” The term “License” used herein means this License and any
amendments to this License.
RECITALS
District adopted Policy and Procedures for Communications Facilities Licenses within
District Properties on ____, _____2018 (“Policy and Procedures”).
District is the owner of real property commonly known as the [DISTRICT SITE NAME],
located at [SITE ADDRESS], California ______ (Assessor’s Parcel Number:
________________), as legally described in Exhibit A attached hereto (the “Site”).
[FOR RENEWAL SITE] Licensee entered into the a Communications Facility Lease
Agreement [DISTRICT SITE NAME] with District dated _____________, as amended by an
Amendment to Communications Facility Lease Agreement dated ________ (collectively,
“Original Agreement”) (referenced by Licensee as ________), under which Licensee currently
has installed and is operating Licensee’s federally licensed communications facility at the Site.
District and Licensee desire to enter into this new License to replace the Original Agreement.
This License is being entered into by District and Licensee in accordance with the Policy
and Procedures to allow Licensee to use designated portions of the Site for installation and
operation of Licensee’s federally licensed Communications Facility (as defined and described
under Section 1 hereof and Exhibit B hereto).
LICENSE
Section 1A. Non-exclusive License. Subject to the terms and conditions in this
License and the Policy and Procedures, District grants Licensee a non-exclusive license to
install, operate, and maintain its Communications Facility, as particularly described in Exhibit B
hereto, on a portion or portions of the Site as designated and approved by District. The Site
plan, attached as Exhibit C, depicts the dimensions and approved location of the
Communications Facility on the Site to be used by Licensee under this License (“Licensed
Area”). The Licensed Area includes (i) designated space on District’s existing surface
infrastructure; (ii) approximately ___________ (XXX) square feet of designated surface ground
space; and (iii) utility routes all as depicted in Exhibit C. Notwithstanding District’s approval of
Licensee’s use of the Licensed Area, nothing in this License may be deemed to convey in
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Licensee a real property interest in land. The term “Communications Facility” as used in this
License shall include all wireless communications facilities (e.g. cell towers, antennas,
structures, equipment and utilities) and its appurtenances that Licensee erects, installs and/or
uses on or under the Site as authorized and listed in Exhibit B, as may be modified. In the
event of a material conflict between the terms of this License (excluding Sections 1A, 3-8, 10-14
and 21-33) and the Policy and Procedures (excluding Appendix A – Communications Facility
License Agreement Template), the more stringent term shall prevail.
Section 1B. Access License. The License granted hereunder includes non-exclusive
ingress and egress to the Licensed Area, seven (7) days a week, twenty-four (24) hours a day,
via foot or motor vehicle (but not including vehicles with more than two (2) axles/more than
twenty feet (20’) in length) via the access area depicted in Exhibit C, subject to the Policy and
Procedures governing access, as well as any additional Site-specific rules not inconsistent with
this License or as required by law. Further, when District’s access to a Site is established
through an access easement over third-party property to the Site (“Access Easement”), nothing
herein shall be deemed to be a representation or warranty by District that its interest or other
rights to use of the Access Easement is sufficient to permit its use for Licensee’s purposes, and
Licensee shall use only those rights as are held by District.
Licensee assumes the risk of any challenge, claim, litigation or damage, asserted in
connection with Licensee’s use of the Access Easement for ingress and egress to the Site and
Licensee shall defend and indemnify District from any and all claims or damages arising out of
Licensee’s use of the Access Easement. If District’s continued use of the Access Easement is
challenged or threatened in any way by Licensee’s use of the Access Easement, upon notice
from District, Licensee shall cease ingress and egress to the Site until such time as the
challenge or threat to District’s continued use of the Access Easement is resolved, which may
require Licensee to obtain any necessary approvals, licenses or easements from the third-party
property owner at its sole cost and expense.
Section 2. Permitted Use. Licensee may transmit and receive communication
signals and install, operate and maintain the Communications Facility in the Licensed Area in
accordance with the Site plan and dimension sketch of the Communications Facility in Exhibit
C and the Policy and Procedures. Licensee may replace portions of its Communications Facility
as part of Routine Maintenance (as defined in the Policy and Procedures) without District’s prior
consent as described in the Policy and Procedures. Licensee may not perform Non-Routine
Maintenance (as defined in the Policy and Procedures) or install any other facilities or use any
other equipment not otherwise described in Exhibit B and depicted on Exhibit C without
District’s prior written consent. Applications for consent will only be considered by District if
submitted in accordance with the Policy and Procedures. Licensee acknowledges that the
primary purpose of the Site is to provide water and/or wastewater services to District’s
customers, and Licensee’s use of the Site shall be subject to District’s paramount rights to use
the Site for any and all current and future uses necessary for District’s water or wastewater
storage, conveyance or treatment purposes, including, but not limited to maintenance, repair,
installation, construction and replacement of any existing facilities or the construction or
installation of any additional facilities or equipment, including additional subsurface and surface
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infrastructure (“Paramount Rights”). If District determines that Licensee is physically interfering
with such Paramount Rights, District shall notify Licensee and Licensee shall cease such
physical interference within seventy-two (72) hours. In case of an emergency, District may take
steps to eliminate such physical interference without prior notice to Licensee. District shall
thereafter promptly notify Licensee of the physical interference. Licensee shall reimburse
District for any and all actual costs incurred to eliminate the interference caused by Licensee.
Section 3. License Term; Option Period. This License shall be for a term of ten
(10) years, referred to as the “License Term,” commencing on the Effective Date. At least six
(6) months prior to the end of the License Term, and provided Licensee is not in default under
this License, Licensee may give District written notice of its intention to extend the License Term
for an additional five year period (“Option Period”), subject to all terms and conditions of this
License.
Section 4. Annual License Fee; Increases; Late Payments. For the first year of
the License Term, Licensee shall pay District the total sum of
_______________________($______) (“Annual License Fee”) not later than forty-five (45) days
after the full execution of this License. The Annual License Fee for subsequent years shall be
payable annually in advance on the anniversary of the Effective Date, and shall increase
annually during the License Term and the Option Period, effective as of each anniversary of the
Effective Date, by an amount equal to four percent (4%) over the amount of the Annual License
Fee in effect immediately prior to such increase. Notwithstanding the preceding sentence, the
Annual License Fee payable for the first year of the Option Period shall be the higher of: (i) four
percent (4%) over the amount of the Annual License Fee in effect immediately prior to such
increase; or (ii) the amount (if any) that exceeds xxx xxx Thousand xxx Hundred xxx-xxx and
xx/100 ($xx,xxx.xx), which amount is calculated by increasing the first Annual License Fee paid
in the License Term by the increase in the Consumer Price Index (All Items, Base 1982-1984 =
100) as published by the United States Department of Labor, Bureau of Labor Statistics for All
Urban Consumers for the Los Angeles-Riverside-Orange County (CPI-U) over the License Term
as measured in the month, three months prior to the expiration of the License Term. The Annual
License Fee shall be payable without offset or deduction by check sent to District's address
specified below or to any other person or firm as District may, from time to time, designate in
writing at least sixty (60) days in advance of any Annual License Fee due date. If, at any time,
Licensee fails to make timely payment, interest shall accrue on the past due amount at the rate
of one and one-half percent (1 1/2%) per month or the maximum allowable by law, whichever is
less, until paid in full. This right to collect interest is in addition to all rights of District to
terminate this License for non-payment pursuant to Section 7A of this License.
Section 5. Holdover. If the Communications Facility or any part thereof is still on
the Site, or Licensee is otherwise using the Site without a written agreement with District after
expiration of the License Term or Option Period, such possession or use shall be deemed a
holdover use under the same terms and conditions of this License, except that the Annual
License Fee shall be one hundred fifty percent (150%) of the Annual License Fee in effect at the
expiration of the License Term or Option Period and shall be payable in advance in equal
monthly installments. Nothing contained herein shall grant Licensee the right to holdover after
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the expiration of the License Term or Option Period and, notwithstanding the payment of license
fees during the holdover period, District shall have the right to require Licensee to vacate the
Site at Licensee’s expense and at any time upon thirty (30) days written notice.
Section 6. Temporary Relocation. Licensee understands and agrees that during
the License Term or Option Period, District may require Licensee to remove and/or relocate all
or portions of the Communications Facility from the Licensed Area temporarily at Licensee’s
expense in order for District to exercise its Paramount Rights at the Site. District shall use its
best efforts to give Licensee at least sixty (60) days prior written notice of the necessity to
relocate the Communications Facility for the temporary period and will use good faith efforts to
provide temporary space at the Site, or another mutually acceptable District location for such
temporary relocation; provided Licensee is not in default under this License. Licensee shall be
responsible, at its expense, for obtaining any necessary permits in connection with the
temporary relocation of its Communications Facility. Licensee acknowledges that in case of
emergency (as determined by District in its sole discretion), the notice period for temporary
relocation may be shortened. Notwithstanding any relocation or any shortened notice period,
the License shall continue without abatement of the Annual License Fee unless District is
unable to provide space for temporary relocation and as a result Licensee is required to cease
to operate its Communications Facility for a period of more than fourteen (14) days in which
event Licensee shall be entitled to an abatement of the Annual License Fee equivalent to the
number of full days in excess of fourteen (14) days during which Licensee was unable to
operate its Communications Facility multiplied by 1/365 of the Annual License Fee applicable
during such period. The District will calculate and refund such abatement amount within sixty
(60) days after the end of the temporary relocation period.
At the end of the temporary relocation period, Licensee shall, at its expense, return the
relocated Communications Facility to the Licensed Area, unless the parties mutually agree that
the Communications Facility may remain at the temporary location in which case the parties
shall memorialize such agreement by an amendment to this License. Licensee shall have a
right to terminate this License upon thirty (30) days prior written notice to District if any
temporary relocation exceeds ninety (90) days, or if District requires Licensee to relocate the
Communications Facility more than one (1) time during the License Term, or more than one (1)
time during the Option Period. If the License is terminated for such reason, District shall refund
unused months of the Annual License Fee on a proportionate basis, but Licensee shall not be
entitled to reimbursement or payment by District of any further expenses or costs it may incur by
reason of its election to terminate this License hereunder.
Section 7A. District’s Termination. In addition to other District rights of termination
and revocation under this License, District may terminate and revoke this License prior to
expiration of the License Term or Option Period in any of the following circumstances:
(a) By giving Licensee sixty (60) days prior written notice, if District determines in its
sole discretion that the Licensed Area is necessary for the exercise of its
Paramount Rights at the Site or District decides to sell or otherwise dispose of its
property rights in the Site. Upon notice of termination and revocation under this
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subsection (a), District shall make a good faith effort to permit Licensee to
relocate the Communications Facility, at Licensee’s expense, to another District
property prior to termination of the License.
(b) By giving Licensee sixty (60) days prior written notice, if Licensee fails to
maintain and repair the Communications Facility according to the requirements of
the License and the Policy and Procedures and fails to cure such non-
compliance in response to any District request for such repairs within thirty (30)
days, or within such shorter time specified by District in such written request.
Further, if District in its sole discretion determines that the Communications
Facility is in a state of disrepair which either interferes with the exercise of
District’s Paramount Rights or imminently endangers the health and safety of
District customers, District employees, and users of the Site, District may
terminate the License and take steps to address the situation immediately
without prior notice to Licensee, provided that District shall thereafter promptly
notify Licensee of the situation, and Licensee shall reimburse District for its
actual costs incurred to take such action.
(c) If Licensee fails to pay the Annual License Fee when due, District may, after
giving ten (10) days prior written notice to Licensee, terminate and revoke this
License and seek other remedies, as appropriate, under the laws of the State of
California, unless Licensee cures such default by payment of both the Annual
License Fee and accrued interest charges within such notice period.
(d) If Licensee fails to perform or observe any of the other material terms or
conditions of this License, District may, after giving thirty (30) days prior written
notice to Licensee, terminate and revoke this License and seek other remedies
under the laws of the State, unless Licensee cures such non-performance or
non-observance within such notice period.
The parties agree that it is presumed that any termination and revocation is exercised in
good faith, in accordance with the terms hereof, and in a fair and reasonable manner. In the
event Licensee disputes District’s right to terminate or revoke this License, Licensee has the
burden of presenting information to District within 30 days of the notice in Paragraph 7A.(d) that
District has breached the terms hereof and that District has not exercised termination and
revocation rights in either good faith, fairly, or in a reasonable manner.
Section 7B. Licensee’s Limited Termination Right. It is understood and agreed
that Licensee’s ability to use the Site is contingent upon Licensee continually maintaining in full
force and effect, after the Effective Date, all the certificates, permits, and other approvals that
are required by any federal, state, or local authorities. In the event that any certificate, permit,
license, or approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn
or terminated by any governmental authority so that Licensee is unable to use the Site for its
intended purposes, Licensee may terminate this License upon ninety (90) days written notice to
District, except those terms that survive termination, including but not limited to Licensee’s
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obligations to remove the Communications Facility and restore the Site, and Licensee’s
indemnity obligation.
Section 8. Licensee’s Installation, Ownership, Operation and Maintenance of
Facilities; FCC Regulations, Emissions Testing, Compliance with Law.
(a) Licensee shall install, construct and maintain the Communications Facility in
accordance with this License and the Policy and Procedures.
(b) It is expressly understood and agreed that the Communications Facility placed
on Site by Licensee shall be and remain the personal property of Licensee.
Licensee has the right to remove, at Licensee’s expense, the Communications
Facility in, under, or upon the Licensed Area.
(c) Licensee, at Licensee’s expense, shall keep and maintain, or cause to be kept
and maintained, the Communications Facility in a state of good appearance and
repair, reasonable wear and tear excepted as determined in the District’s sole
discretion. Licensee shall pay, when due, all claims for labor or materials
furnished to, or for, Licensee for the use on the Licensed Area which claims are
or may be secured by any mechanic’s or materialmen’s liens against the
Communications Facility, or the Licensed Area, or any interest of Licensee
therein. Licensee agrees that District has no greater obligation to repair and
maintain the Site due to Licensee’s presence at the Site than it would have in the
ordinary course of its business, and District has no obligation to repair or
maintain the Licensed Area, or the Communications Facility.
(d) Licensee shall, at its own expense, protect, replace and provide any landscaping
required in its permits to shield the Communications Facility on the Site and shall
promptly replace any District landscaping damaged by Licensee’s activities
consistent with the requirements of the Policy and Procedures.
(e) Licensee shall have a separate meter installed for Licensee's electrical power
consumption, whereupon Licensee shall be solely responsible for payment of all
utilities costs.
(g) Upon completion of the installation of the Communications Facility, or upon the
District’s request, Licensee shall proceed with a Radio Frequency (“RF”)
emissions test, to be performed by a Federal Communications Commission
(“FCC”)-certified third-party in accordance with FCC regulations, which results
shall be provided to District in a written report including the monitoring results, if
applicable, prior to commencement of any operations or use of the
Communications Facility by Licensee. Licensee shall be responsible for all costs
of the RF test, the written report and the monitoring results. During the License
Term or Option Period, Licensee shall conduct all RF tests or other emissions
tests as required by FCC regulations and shall provide all results to District within
thirty (30) days of completion in a written report. All RF test results shall meet
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FCC regulations and emissions exposure limits. If results indicate RF emissions
exceed the applicable FCC exposure limits or fail to meet applicable FCC
standards, such failure shall be a material breach of this License, and subject the
License to termination and revocation procedures pursuant to Section 7A.
(h) In addition to compliance with specific laws otherwise described in this License,
Licensee shall comply, and will ensure that its contractors and representatives
will comply, with all regulations and requirements of the FCC and the California
Public Utilities Commission, and all other federal, state and local laws,
ordinances, rules and regulations, including health and safety requirements,
pertaining to the construction, installation, operation and maintenance of the
Communications Facility and work on the Site. Requirements of the
Occupational Safety and Health Administration (OSHA) shall be adhered to at all
times during any activities on the Site by Licensee and its contractors or other
representatives.
Licensee shall have a safety and injury prevention program in place for the
construction, installation, operation and maintenance of the Communications
Facility and work on the Site, if required by laws or regulations. If required by law
or regulation, a copy of any such program shall be on the Site at all times.
Section 9. Removal/Restoration/Bond. Licensee shall remove all of the
Communications Facility at its expense upon the expiration or earlier termination of the License.
Licensee shall repair any damage to the Licensed Area caused by such removal and shall
return the Licensed Area to the condition which existed before the Effective Date, reasonable
wear and tear excepted as determined in the District’s sole discretion. On or before the
Effective Date, Licensee shall obtain a faithful performance bond, in the amount of
__________________________ and 00/100 Dollars ($xxx,xxx.00), from a bond company duly
licensed to do business in California in favor of District (the “Bond”). The Bond shall secure
Licensee's removal of its equipment from the Licensed Area following the expiration or earlier
termination of the License, and shall be maintained in force by Licensee throughout the License
Term or Option Period. Licensee agrees to deliver to District a copy of the Bond prior to
commencement of construction activities on the Licensed Area (or if the License is a renewal for
a previously constructed facility, prior to full execution of the License). Prior to commencement
of any Option Period, District and Licensee shall review the amount of the Bond to assess
whether the amount of the Bond is reasonably sufficient to cover then current removal and
restoration costs. If it is reasonably determined to be insufficient, Licensee shall obtain and
maintain in force a Bond for such additional amount that District reasonably determines to be
sufficient.
Section 10. Prior Communications Facilities on Site, District Communications
Systems; Non-interference.
(a) Licensee acknowledges and understands that the communications facilities
providers listed in Exhibit D hereto (referred to as the “Prior User(s)”) has(ve)
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entered into an agreement(s) (the “Prior Use Agreement(s)”) with District,
pursuant to which the Prior User(s) has(ve) been permitted to install and operate
communications equipment on the Site. Licensee represents and warrants that
prior to the execution of this License, Licensee has determined that the Prior
Users present no material interference with Licensee’s intended use within the
Licensed Area.
(b) Licensee shall operate the Communications Facility in a manner that will not
cause harmful interference to (i) any communications equipment operated and/or
owned by District, or (ii) any communications equipment operated and/or owned
by the Prior User(s) as of the Effective Date, provided that the Prior User(s)
operates its communications equipment in accordance with the terms of the Prior
Use Agreement(s). If Licensee’s Communications Facility causes harmful
interference to the communications equipment operated and/or owned by District
under “(i)” above or the Prior User(s) under “(ii)” above, Licensee will take all
steps necessary to correct and eliminate the interference, including but not
limited to, at Licensee’s option, powering down such equipment and later
powering up such equipment for intermittent testing. If such interference cannot
be corrected or powered down within two (2) days after Licensee is advised of
such interference, District may require that Licensee cease (or cause the
cessation of) operation of the interfering equipment until such interference can be
so corrected at which time the operation of such equipment may resume.
(c) Licensee further acknowledges that District assumes no risk or liability for any
interference with Licensee’s use of the Site which results from the operation of
communications equipment on the Site by the Prior User(s) under the Prior Use
Agreement(s) and agrees that District shall be indemnified and held harmless
from claims due to any such interference, pursuant to the indemnification terms
set forth in Section 13 herein.
(d) District reserves the right to license other portions of the Site to third parties
during the License Term or Option Period. Subsequent to the installation of the
Communications Facility, District will not knowingly permit the installation of new
equipment on the Site if such equipment will cause harmful interference with the
Communications Facility. If any such harmful interference occurs, Licensee shall
use its best efforts to resolve the interference issues in cooperation with the
District and operator of the new equipment without involving District personnel. If
any such subsequent users cannot correct such harmful interference within ten
(10) business days of Licensee’s written notification thereof to District, Licensee
may terminate this License upon sixty (60) days written notice to District and
obtain a refund of prepaid unused amounts of the Annual License Fee, or seek
injunctive or other legal relief against/from such subsequent users. The refund
shall be Licensee’s sole and exclusive remedy and recovery as against District,
and Licensee hereby waives any other rights or remedies it may have at law or in
equity against District. The parties recognize and agree that it is the intention of
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this Section 10 that District not become embroiled in any disputes or proceedings
between Licensee and subsequent users, and/or expend funds as a result
thereof; therefore, Licensee agrees to defend and indemnify District against any
disputes or proceedings between Licensee and subsequent users to the extent
such disputes or proceedings are initiated by Licensee or arise from Licensee’s
negligence or willful misconduct or arise from Licensee’s failure to comply with
this Agreement or the Policy and Procedures.
Section 11. Environmental.
(a) For purposes of this License, the term “Hazardous Substances” means: (a) any
substance, products, waste, or other material of any nature whatsoever which is
or becomes listed, regulated, or addressed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42 United
States Code Section 9601 et seq.; the Resources Conservation and Recovery
Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials
Transportation Conservation and Recovery Act, 42 United States Code Section
1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.;
the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.;
the California Hazardous Waste Control Act, Health and Safety Code Section
25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code
Section 25330 et seq.; the California Safe Drinking W ater and Toxic Enforcement
Act, Health and Safety Code Section 25249.5 et seq.; California Health and
Safety Code Section 25280 et seq. (Underground Storage of Hazardous
Substances); the California Hazardous Waste Management Act, Health and
Safety Code Section 25170.1 et seq.; California Health and Safety Code Section
25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or
the California Porter-Cologne Water Quality Control Act, Water Code Section
13000 et seq., all as amended; or any other federal, state, or local statute, law,
ordinance, resolution, code, rule, regulation, order or decree regulating, relating
to, or imposing liability or standards of conduct concerning any Hazardous
Substance, now or at any time hereinafter in effect; (b) any substance, product,
waste or other material of any nature whatsoever which may give rise to liability
under any of the above statutes or under any statutory or common law theory
based on negligence, trespass, intentional tort, nuisance or strict liability or under
any reported decisions of a state or federal court; (c) petroleum or crude oil, other
than petroleum and petroleum products which are contained within regularly
operated motor vehicles; and (d) asbestos.
(b) Except as otherwise specifically permitted under the terms of this License,
Licensee shall not use, create, generate, store, deposit, dispose of or allow any
Hazardous Substances on, under, about or within the Site in violation of any
federal, state, or local law, rule, regulation, order, decree or other requirement
listed in this Section 11. Batteries for emergency power and/or fuel for temporary
or fixed stand-by generators during power outages may only be used or stored
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on-Site with the prior written approval of District. On Site use, but not storage, of
ordinary paints, solvents and similar substances commonly used in small
quantities and necessary for maintenance of Licensee’s Communications Facility
are excepted from the preceding prohibition of use by Licensee of Hazardous
Substances on the Site, so long as Licensee complies with all applicable federal,
state and local laws rules and regulations governing the use of such items.
(c) Except as otherwise specifically permitted under the terms of this License and
listed in Exhibit B, attached hereto, no permanent underground or above ground
fuel storage tanks shall be installed on the Site.
(d) District or its officers, employees, contractors, or agents shall at all times have
the right to go upon and visually inspect the Licensed Area and the operations
conducted thereon to assure compliance with the requirements herein stated.
This inspection may also include taking samples for chemical analysis of
substances and materials present and/or testing soils on the Licensed Area and
taking photographs. Except in case of emergency, District will not take samples
or test soils on the Licensed Area without providing Licensee with notice and the
opportunity to have a representative present.
(e) Licensee shall, within forty-eight (48) hours of the discovery by Licensee of the
presence of, or believed presence of, a Hazardous Substance, give written notice
to District in the event that Licensee knows or has reasonable cause to believe
that any release of Hazardous Substance has come or will come to be located
on, under, about or within the Licensed Area or Site. The failure to disclose in a
timely manner the release of a Hazardous Substance by Licensee shall be
grounds for termination of this License by District in addition to actual damages
and other remedies provided by law. Licensee shall immediately clean up and
completely remove, at Licensee’s expense, all Hazardous Substances placed by
Licensee on, under, about or within the Licensed Area or Site, in a manner that is
in all respects safe and in accordance with all applicable laws, rules and
regulations.
(f) In the event Hazardous Substances are discovered, Licensee shall disclose to
District the specific information regarding Licensee’s discovery of any Hazardous
Substances placed on, under, about or within the Licensed Area or the Site by
Licensee, and provide written documentation of its safe and legal disposal.
(g) Breach of any of these covenants, terms, and conditions, and Licensee’s failure
to cure within thirty (30) days of Licensee’s receipt of written notice from District
of any such breach, shall give District the authority to either immediately
terminate this License or to shut down Licensee’s operations thereon, at the sole
discretion of District. In either case, Licensee will continue to be liable under this
License to remove and mitigate all Hazardous Substances placed by Licensee
on, under, about or within the Licensed Area or the Site. Licensee shall be
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responsible for, and bear the entire cost of removal and disposal of, all
Hazardous Substances introduced to the Licensed Area or Site by Licensee.
Upon termination of this License, Licensee shall, in accordance with all laws,
remove from the Licensed Area or Site any Communications Facility that may be
contaminated by Hazardous Substances.
Section 12. Insurance.
The Licensee shall not commence work pursuant to the License until it has obtained and
the District has approved all insurance required hereunder. In addition, the Licensee shall not
allow any subcontractor to commence work on its subcontract until such subcontractor has
obtained all required insurance, as provided in Section 12.2.11 below.
12.1 Insurance Requirements for Licensee - Licensee shall procure and
maintain for the duration of the License, or as specified below, insurance against claims for
injuries to persons or damage to Site which may arise from or in connection with the License by
the Licensee, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be borne by the Licensee.
12.1.1 Scope of Insurance - coverage shall at least be as broad as:
12.1.1(a) Insurance Services Office Commercial General
Liability Coverage (Occurrence Form No. CG 0001, or equivalent), including completed
operations coverage, with no explosion, collapse or underground damage exclusions (XCU)
12.1.1(b) Insurance Services Office (Form No. CA 0001, or
equivalent) covering Automobile Liability, Code 1 (any auto) or in the alternative, owned or
scheduled autos plus non-owned and hired autos.
12.1.1(c) Workers’ Compensation coverage, as required by
the Labor Code of the State of California, including an “all states” endorsement and employer's
liability coverage.
12.1.1(d) (For Licenses with Construction/Builders Risk
exposures) Course of construction (builders risk) insurance or an installation floater, covering for
"all risk" or special form causes of loss for limits equal to 100% of the completed value of
contract, including coverage for explosion, collapse, underground excavation and removal of
lateral support, with coverage to continue until the termination of the construction work pursuant
to the License. At the discretion of District, the requirement for such coverage may include
additional protection for Earthquake and/or Flood. District shall be included as an insured on
such policy. The Licensee shall provide the District with a copy of the policy for Builder’s Risk
insurance coverage.
12.1.2 Minimum Limits of Insurance:
12.1.2(a) Liability insurance:
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General liability: $3,000,000 per occurrence, $3,000,000
general aggregate $3,000,000 completed operations aggregate.
Automobile liability: $1,000,000 per accident combined
single limit.
Liability limits as set forth herein in this Section 12.1.2(a)
may be achieved through any combination of primary and excess or umbrella insurance policies
and shall apply above the other liability policies, and “follow form” providing coverage at least as
broad as coverage provided in the underlying policies.
12.1.2(b) Workers' Compensation limits shall be statutory as
required by the Labor Code of the State of California.
12.1.2(c) Builder's Risk insurance shall provide limits equal to
100% of completed value of the License.
12.2 Other Licensee Insurance Provisions - The policies specified herein
are to contain, or be endorsed to contain, the following provisions:
12.2.1 Additional Insureds - The District, and their directors, officers, officials,
agents, employees, attorneys, consultants and volunteers are to be included as insureds on all
third party liability policies, including automobile, general liability and excess or umbrella
policies. The coverage shall contain no special limitations on the scope of protection afforded to
the District and their directors, officers, officials, agents, employees, attorneys, consultants, or
volunteers.
12.2.2 Primary Insurance - The Licensee's insurance coverage, including any
excess liability coverage, shall be primary insurance as respects the District, their directors,
officers, officials, agents, employees, attorneys, consultants, and volunteers for all liability
arising out of the activities performed by or on behalf of the Licensee, including the District’s
general supervision of the Licensee; products and completed operations of the Licensee;
premises owned, occupied, leased or used by the Licensee. Any insurance, pool coverage, or
self-insurance maintained by the District and their directors, officers, officials, employees,
attorneys, consultants, or volunteers shall be excess of the Licensee's insurance and shall not
contribute with it.
12.2.3 Waiver – All insurance coverage maintained or procured pursuant to this License
shall be endorsed to waive subrogation against District, their directors, officers, officials, agents,
employees, attorneys, consultants, and volunteers or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements to waive their right
of recovery prior to loss. Licensee waives its right of recovery against the District and their
directors, officers, officials, agents, employees, attorneys, consultants, and volunteers for
damages covered by insurance required by this License. Licensee shall require similar written
express waivers and insurance clauses from each of its subcontractors.
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The insurer issuing the Workers’ Compensation insurance shall amend its policy to
waive all rights of subrogation against District, the Engineer/Architect and their directors,
officers, officials, agents, employees, attorneys, consultants, and volunteers.
12.2.4 Enforcement of Contract Provisions - Licensee acknowledges and agrees
that any actual or alleged failure on the part of District to inform Licensee of non-compliance
with any requirement imposes no additional obligations on District nor does it waive any rights
hereunder.
12.2.5 Requirements not Limiting – Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type.
12.2.6 Notice of Cancellation – Licensee agrees to oblige its insurance broker
and insurers to provide to District with 30 days notice of cancellation (except for nonpayment for
which 10 days notice is required) or nonrenewal of coverage for each required coverage except
for builder’s risk insurance. The builder’s risk policy will contain or be endorsed to contain a
provision providing for 30 days written notice to District of cancellation or nonrenewal, except for
nonpayment for which 10 days notice is required.
12.2.7 Self-insured Retentions and Deductibles – Licensee agrees not to self-
insure or to use any self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self-insure its obligations to District.
If Licensee’s existing coverage includes a self-insured retention, the self-insured retention must
be declared to the District. The District may review options with the Licensee, which may include
reduction or elimination of the self-insured retention, substitution of other coverage, or other
solutions. Licensee agrees to be responsible for payment of any deductibles.
12.2.8 Proof of Insurance - The Licensee shall, at the time of the execution of
the License, present the original policies of insurance required by this Section, or present signed
certificates of insurance with original additional insured endorsements for general liability
insurance effecting coverage required by this License, and a workers’ compensation waiver of
subrogation, showing the issuance of such insurance and the addition of policy insureds and
other provisions required herein. Licensee shall provide certified copies of all insurance policies
required above within 10 days of District’s written request for said copies.
The Licensee shall, at the expiration of any insurance policy required by the License, file
a signed and completed renewal "Certificate of Insurance" and endorsements as required by
this License.
12.2.9 Maintenance of Insurance - Should the Licensee neglect to obtain or
maintain in force any such insurance for the duration of this contract, then it shall be lawful for
the District to obtain and maintain such insurance, and the Licensee hereby appoints the District
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as its true and lawful attorney-in-fact to do all things necessary for this purpose. All money paid
by the District for insurance premiums under the provisions of this Section shall be charged to
the Licensee.
12.2.10 Acceptability of Insurers - Insurance is to be placed with insurers
with a Best's rating of no less than A-: VII or equivalent as determined by the District.
12.2.11 Subcontractors – Licensee's contract with each subcontractor
shall include (1) an agreement by the subcontractor to indemnify the District, its agents and
representatives against, and defend and hold each of them harmless from, any and all actions,
claims, damages to persons or property, penalties, obligations or liabilities that may be asserted
or claimed by any person or entity arising out of or in any manner directly or indirectly related to
the operation or activities of the subcontractor in connection with the Work, including defense
costs and attorney's fees; (2) insurance requirements for the subcontractor that are the same
as the requirements imposed on the Licensee by this Section except as to limits, but limits shall
be no less than (a) $1 million per occurrence for General Liability, (b) $1 million per accident for
automotive, and (c) statutory limits for Worker's compensation, and; (3) a requirement that the
subcontractor name the District as an insured on the subcontractors General Liability policy.
Licensee shall be responsible to enforce compliance with these requirements, and all
documentation establishing compliance shall be made available to the District upon request.
12.2.12 Compliance with Insurance Requirements – Licensee’s obligation
to obtain insurance coverage as set forth in Section 12.0 is separate and distinct from
Licensee’s obligation to indemnify, hold harmless and defend. Compliance with the
requirements of Section 12.0 shall not relieve Licensee of Licensee’s obligations to defend and
indemnify the District.
Section 13. Indemnification. Licensee shall be responsible, and District shall
not be answerable or accountable in any manner, for any loss or expense by reason of any
damage or injury to person or property, or both, arising out of the acts of Licensee, its agents,
officers, employees, or invitees (collectively with Licensee referred to in this Section 13 as
”Licensee”), including acts on the Site or on and over an Access Easement, the design or
installation of the Communications Facility, the operation, maintenance or removal of its
Communications Facility, any harmful interference caused by Licensee which interferes with the
ability of the Prior Users to operate their communications equipment in accordance with the
terms of the Prior Use Agreements, and, any other use pursuant to this License.
To the fullest extent permitted by law, the Licensee will defend, indemnify and hold
harmless District, its directors, officers, employees, attorneys, and authorized volunteers from
and against all claims and demands of all persons that arise out of, pertain to, or relate to the
Licensee’s negligence, recklessness, or willful misconduct in the performance (or actual or
alleged non-performance) of the work under this License. Further, the Licensee will defend,
indemnify and hold harmless District, its directors, officers, employees, attorneys, and
authorized volunteers from and against all claims and demands of all persons that arise out of
this License, including but not limited to claims by the Licensee, the Licensee’s employees, any
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subcontractors and any of their employees for damages to persons or property, except for
damages resulting from the sole negligence, active negligence, recklessness or willful
misconduct of District, its directors, officers, employees, or authorized volunteers. The Licensee
shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out
of or alleged to arise out of the Licensee’s performance or non-performance of the work
hereunder, and shall not tender such claims to District nor to its directors, officers, employees,
attorneys, or authorized volunteers, for defense or indemnity.
The Licensee shall defend, at Licensee’s own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against District or any of its directors, officers, employees, attorneys, or authorized
volunteers, with legal counsel reasonably acceptable to District. The Licensee shall pay and
satisfy any judgment, award or decree that may be rendered against District or any of its
directors, officers, employees, attorneys, or authorized volunteers, in any and all such aforesaid
suits, actions, or other legal proceedings for which the Licensee is obligated to defend,
indemnify and hold harmless the District, its directors, officers, employees, attorneys, and
authorized volunteers under this License.
The Licensee shall reimburse District or its directors, officers, employees, attorneys, and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. The Licensee’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by District or its
directors, officers, employees, attorneys, or authorized volunteers.
Within thirty (30) days of receipt of any third-party claim arising from or relating to this
License, the District shall provide written notification of such claim to Licensee. Licensee will
defend any action or actions filed in connection with any of said claims, damages, penalties,
obligations or liabilities and will pay all costs and expenses, including attorney’s fees incurred in
connection therewith.
Licensee’s obligation to indemnify, defend and hold harmless is separate and distinct
from its obligations to provide insurance. Compliance with the requirements set forth hereunder
shall not relieve Licensee of his obligations to obtain insurance.
Licensee’s indemnification obligation hereunder and the provisions of this Section 13
shall survive any termination, revocation, expiration, or assignment of this License.
Section 14. Dispute Resolution
(a) Dispute Resolution Process. Except for any claim, controversy or dispute that is
subject to the jurisdiction of the FCC, any claim, controversy, or dispute arising
out of or relating to this License, or to the threatened, alleged, or actual breach
thereof by any party, shall be resolved exclusively as set forth in this Section 14.
(b) Invocation. Subject to the requirements of subsections (c) and (d) below, the
resolution procedures shall be invoked when a party sends a written notice to the
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other party following the occurrence or threat of any claim, controversy, or
dispute arising out of or relating to this License. The notice shall describe the
nature of the dispute and the party’s position with respect to such dispute.
(c) Representatives. Prior to invoking resolution procedures, the parties shall
expeditiously schedule consultations or a meeting between representatives
designated by each party in an effort to resolve the dispute informally.
(d) Reference to Management Representatives. If the representatives appointed by
each party are unable to resolve the dispute within thirty (30) days, the
management representatives designated by each party shall attempt to resolve
such dispute through consultation and negotiation, within an additional thirty (30)
days (or such longer period as mutually agreed by the parties). The
management representatives may request the assistance of an independent
mediator if they believe that such a mediator would be of assistance to the
efficient resolution of the dispute. Unless otherwise agreed, the cost of the
mediator will be shared equally by the parties.
(e) Binding Arbitration. If the management representatives cannot resolve the
dispute as set forth herein, the matter may be resolved by arbitration in the
County of Orange, California, pursuant to the rules of Judicial Arbitration and
Mediation Services (“JAMS”) Written notice to the other party initiating arbitration
shall include a description of the claim(s) asserted and the facts upon which the
claim(s) are based. All disputes shall be decided by a single arbitrator. The
arbitrator shall be selected by mutual agreement of the parties within thirty (30)
days of the effective date of the notice initiating the arbitration. If the parties
cannot agree on an arbitrator, the arbitrator shall be selected pursuant to the
applicable JAMS rule for the selection of a single arbitrator. The arbitrator shall
have only such authority to award equitable relief, damages, costs, and fees as a
court would have for the particular claim(s) asserted. In no event shall the
arbitrator award punitive damages of any kind. Any judgment upon the award
rendered by the arbitrator may be entered in any court, state or federal, having
jurisdiction thereof. Any Party may apply to the arbitrator seeking injunctive relief
until the arbitration award is rendered or the controversy is otherwise resolved.
Any Party also may, without waiving any remedy under this Agreement, seek
from any court located in Orange County, California having jurisdiction any
interim or provisional relief that is necessary to protect the rights or property of
that Party, pending the establishment of the arbitral tribunal (or pending the
arbitral tribunal’s determination of the merits of the controversy). All costs of
JAMS or of the arbitrator shall be divided equally among the Parties, unless
otherwise ordered by the arbitrator. In any arbitration, the arbitrator’s award shall
be supported by law and substantial evidence.
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Section 15. Policy and Procedures Fees. If not already paid by Licensee to District
under the Policy and Procedures requirements, then concurrently with the execution of this
License, Licensee shall pay to District the applicable fees set forth in the Policy and Procedures.
Section 16. Entire Agreement; Amendment. This License and the Policies and
Procedures constitute the entire understanding between the parties with respect to the subject
matter hereof, superseding all negotiations, prior discussions and agreements made prior to the
date hereof. In the event there is an existing lease or license between Licensee (or its
predecessor-in-interest) and District covering the Licensed Area, it is agreed and understood
that this License shall cancel, supersede and terminate said prior lease or license as of the
Effective Date of this License. This License may not be modified except in a writing executed
by both parties.
Section 17. Paragraph Heading and Construction. The section headings contained
in this License are for convenience only and not for purposes of interpreting or applying this
License.
Section 18. Governing Law/Venue. This License shall be governed by and
construed in accordance with the laws of the State of California without regard to its conflicts of
laws rules. Any legal action brought in connection with this License (as may be permitted
hereunder) shall be brought in the appropriate court of the County of Orange, California, and the
parties agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure Section 394.
Section 19. Binding on Successors; No Third-Party Beneficiaries. This License
shall be binding upon and inure to the benefit of the parties and their respective heirs,
successors and assigns. No customer, other person or entity other than the parties shall be
deemed to be a third-party beneficiary, and nothing in this License, either express or implied, is
intended to confer upon any customer or other person or entity, other than the parties and their
respective successors and assigns, any rights, remedies, obligations or liabilities under this
License. Licensee shall defend and indemnify District against claim or challenge to District’s
rights to enforce this License against Licensee’s successors and assigns.
Section 20. Independent Contractors. Licensee’s contractors, agents and
representatives are independent contractors of Licensee, and are not employees or
independent contractors of the District while on the Site, or while engaged in any work on the
Site, including the construction, installation, maintenance or operation of the Communications
Facility.
Section 21. Limited Assignment/ No Sub-licensing.
(a) This License, or the license interest of Licensee in the Licensed Area, shall not
be assigned by Licensee except with the prior written consent of District which
consent may be withheld in the District’s sole discretion, notwithstanding
Sections 1995.260 and 1995.270 of the California Civil Code, and as they may
be amended, or as allowed under subsection (b) hereof.
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(b) Licensee may, without District’s consent but upon at least sixty (60) days prior
written notice to District, assign this License in its entirety (i) to any entity which
has a fifty-one percent (51%) or greater interest in Licensee (a “Parent”), or to
any entity in which Licensee or a Parent has a fifty-one percent (51%) or greater
interest. Any such assignment shall not be effective unless and until the
assignee executes and delivers to District a written assumption of all Licensee’s
obligations under this License.
(c) Sub-licensing is strictly prohibited.
(d) Any attempted or unauthorized assignment or sub-license shall be void and shall
be cause for immediate termination of this License by District. The acceptance
of Annual License Fees by District from any person other than Licensee or an
authorized assignee shall not be deemed to be a waiver by District of any
provision hereof. Consent to one assignment shall not be deemed consent to
any subsequent assignment.
(e) Applications for consent to assignments shall be submitted to the District in
accordance with the requirements set out in the Policy and Procedures.
Section 22. Waiver of District’s Lien. Subject to Licensee’s obligations otherwise
set forth in this License, District waives any lien rights it may have concerning the
Communications Facility which are deemed Licensee’s unattached personal property and not
fixtures, and Licensee has the right to remove such unattached personal property without
District’s consent.
Section 23. Attorneys’ Fees. Should either party institute arbitration, legal, or other
proceedings against the other for or on account of its failure or refusal to perform or fulfill any of
the covenants or conditions of this License, then the prevailing party in such action or
proceeding shall receive its attorney’s fees and costs from the other party as adjudged
reasonable by the arbitrator or court.
Section 24. Notice. Any notice, request, information or other document to be given
hereunder to any of the parties by any other parties shall be in accordance with the Policy and
Procedures or where the Policy and Procedures are silent, in writing, and shall be deemed
given and served upon delivery, if delivered personally, or three (3) days after mailing if sent by
certified mail, or upon delivery, if delivered by a nationally recognized overnight courier, postage
prepaid, as follows:
If to Licensee: If to District:
CARRIER Yorba Linda Water District
dba XXXX 1717 E. Miraloma Avenue
STREET ADDRESS Placentia, CA 92870
CITY, ST ZIP Attn.: Engineering Manager
Attn: XXX
Site: XXX
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Either party may change the address or persons to which notices are to be sent to it by
giving ten (10) business days’ prior written notice of such change to the other party in the
manner provided herein.
Section 25. Counterparts. This License may be executed in counterparts, each of
which shall be deemed to be an original.
Section 26. Representations and Warranties.
(a) Each party represents and warrants that this License constitutes a legal, valid,
and binding agreement and is enforceable against each party.
(b) Licensee represents and warrants that it has received a complete copy of the
Policy and Procedures from District, has read and understood the requirements
of the Policy and Procedures, and is able to and will fully comply with the Policy
and Procedures.
(c) Licensee acknowledges and agrees that the Policy and Procedures may be
revised from time to time by District, and all changes or revisions to the Policy
and Procedures (except for Appendix A – Communications Facility License
Agreement Template) will automatically apply to this License upon written notice
of the revised Policy and Procedures by District in accordance with Section 24,
without the need for any formal amendment of this License.
(d) Licensee acknowledges and agrees that Licensee is not entitled to relocation
assistance, or any other benefits under the Uniform Relocation Assistance Act, or
any other applicable provision of law upon termination of this License.
Section 27. NO WARRANTY. LICENSEE’S RIGHT TO USE THE LICENSED AREA,
DISTRICT IMPROVEMENTS, AND THE SITE IS STRICTLY ON AN “AS IS” BASIS WITH ALL
FAULTS. DISTRICT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO
THE PRESENT OR FUTURE CONDITION OF OR SUITABILITY OF THE SITE, DISTRICT
IMPROVEMENTS, OR THE LICENSED AREA FOR LICENSEE’S USE AND DISCLAIMS ANY
AND ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PHYSICAL,
STRUCTURAL, OR ENVIRONMENTAL CONDITION OF THE SITE, DISTRICT
IMPROVEMENTS, AND LICENSED AREA AND THE MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. LICENSEE IS SOLELY RESPONSIBLE FOR INVESTIGATION
AND DETERMINATION OF THE CONDITION AND SUITABILITY OF THE SITE, DISTRICT
IMPROVEMENTS, AND LICENSED AREA FOR LICENSEE’S INTENDED USE.
Section 28. Taxes. District hereby provides notice pursuant to California Revenue
and Taxation Code Section 107.6, and Licensee acknowledges that this License may create a
possessory interest and Licensee may be subject to property taxes levied on such interest, as
described in California Revenue and Taxation Code Section 107. Licensee shall pay, when
due, all real and personal property taxes, fees and assessments, assessed against the
Licensed Area and the Communications Facility.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 20 of 27
Section 29. Time. Time is of the essence of this License.
Section 30. Survival. All terms that by their nature should survive termination of this
License shall survive, including but not limited to payment of amounts owed and indemnification
obligations.
Section 31. The following exhibits are incorporated in this License:
Exhibit A Site Legal Description
Exhibit B Description - Communications Facilities (Equipment List)
Exhibit C Licensed Area (Site Plan)
Exhibit D List of Prior User(s)
Exhibit E District’s Project-Specific General Provisions
Section 32. Prior Replaced Agreement. District and Licensee agree that, upon the
Effective Date, this License shall replace the Original Agreement (referenced by Licensee as
Contract No. NG34360-1). District and Licensee acknowledge that notwithstanding the
replacement of the Original Agreement and the commencement of this License, Licensee may
continue to make, and the District may continue to receive, rental and other payments pursuant
to the Original Agreement. In such event, any rental or other payments made pursuant to the
Original Agreement after its replacement shall be applied and credited against any license fees
or other payments due under this License.
Section 33. Binding Authority/Authorized Representatives. Each of the parties
represents and warrants that it has the full right, power, legal capacity and authority to enter into
and perform its obligations hereunder and that those obligations will be binding upon that party
without the approval or consent of any other person or entity. Each person executing this
License represents and warrants he/she has been duly authorized to execute the same.
IN WITNESS WHEREOF, the parties hereto have executed this License as of the day
and year first written above.
“District”: “Licensee”:
YORBA LINDA WATER DISTRICT [CARRIER], dba XXX
By: By:
Title: General Manager Title:
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 21 of 27
Exhibit A Site - Legal Description
All that real property situated in the County of Orange, State of California, described as follows:
[Insert Legal Description]
Assessor’s Parcel Number: XXX
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 22 of 27
Exhibit B Description ‐‐‐‐ Communications Facility (Licensed Equipment)
i. Up to xxx (xx) _____-mounted panel antennas;
ii. Up to xx (x) _____-mounted microwave antenna(s);
iii. Up to xx (x) GPS antennas mounted to ____________;
iv. One (1) equipment _________ (with related communications equipment and
appurtenances) for a total equipment license area of approximately ______ Sqft.
v. Utilities, conduits, wires, cables, cable tray space and access necessary for the
operation and maintenance of the unmanned wireless facility.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 23 of 27
Exhibit C Licensed Area (Site Plan):
(See the following pages 21 to xx)
YLWD SITE NAME: LICENSEE SITE NAME: LICENSEE SITE NUMBER: Page 24 of 27 Site Plan
YLWD SITE NAME: LICENSEE SITE NAME: LICENSEE SITE NUMBER: Page 25 of 27 Dimension Sketch
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 26 of 27
Exhibit D List of Prior User(s)
____.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
Page 27 of 27
Exhibit E District’s Project-Specific General Provisions
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
1
XX.XX\XX
AMENDMENT NO. [X]
TO YORBA LINDA WATER DISTRICT
COMMUNICATIONS FACILITY LICENSE AGREEMENT
THIS AMENDMENT NO. [X] (“Amendment No. X”) is made and entered into this _____
day of __________________, 20xx, by and between YORBA LINDA WATER DISTRICT, a
California water district existing and operating pursuant to Division 12 of the California Water
Code (“District”), and [CARRIER NAME], a _____ company (“Licensee”).
RECITALS
A. District is the owner of that real property legally described in Exhibit “A”
commonly known as [SITE NAME] located at [STREET ADDRESS], CA [ZIP] (Assessor’s
Parcel Number(s) ___-___-__) (“Site”) related to the License Agreement defined in Recital B
below.
B. District and Licensee are parties to the Communications Facility License
Agreement (“License”) (dated [MONTH, DAY, YEAR], by and between District and [CARRIER
NAME], a _______ company, formerly known as XXXXX, as amended by that certain First
Amendment to License dated [MONTH, DAY, YEAR], and as further amended by that certain
Second Amendment to License dated [MONTH, DAY, YEAR], wherein District licenses to a
certain portion of the Site, including any applicable non-exclusive easements for access and
utilities, commonly known as [DISTRICT SITE NAME] for uses permitted under the License (the
“Licensed Area”).
C. District and Licensee have agreed to amend the License in order to: (i) allow
Licensee to expand the Licensed Area, and to install and operate additional equipment and
associated cables on Site, as more particularly described in Section 1 below; (ii) revise the
License Fee payable during the Term and/or applicable Renewal Term of the License to
account for the expansion of Licensed Area and additions to the Site; and (iii) make certain
other revisions to the License, all as set forth more fully below.
D. District and Licensee agree to increase the current License Fee payable under
the License by XXX and 00/100 Dollars ($XXX.00) per month as set forth below.
E. [IF CPI IS USED] Currently, License Fee is increased annually by the Consumer
Price Index – [DESCRIBE WHICH TABLE IS USED] from the U.S. Department of Labor,
Bureau of Labor Statistic (“CPI”). However, it is the intent of the parties that annual License Fee
increases are to change from the current CPI to a flat percentage equal to xxx percent (x%).
F. Currently, an access protocol for ingress/egress to the Site from the public right-
of-way does not exist. To address this matter, it is District’s intention to implement access
procedures and protocol that would better allow District to be aware of and track Licensee or
Licensee’s contractors, agents, or consultants entering and occupying the Site. Where
practicable, District may install a trackable locking mechanism at each of its Sites in order to
track all persons entering and occupying thereto.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
2
XX.XX\XX
G. The District’s “Policy and Procedures for Communication Facilities Licenses
within Yorba Linda Water District Properties” dated [MONTH DAY, YEAR], as it may be revised
from time-to-time (“Policy and Procedures”), is incorporated by this Amendment No. [X], if not
already made a part thereof. It is District’s obligation to circulate copies of the Policy and
Procedures, as the same may be revised from time to time, to Licensee prior to any new
policies being effective as related to this Amendment No. X.
H. District and Licensee agree to enter into this Amendment No. [X] in order to set
forth terms and conditions applicable to the License as described below.
AGREEMENT
NOW THEREFORE, in consideration of the promises and conditions set forth herein,
and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are, by this reference,
hereby incorporated into this Amendment No. [X] as if fully set forth in the body
hereof.
2. Licensed Area. The Licensed Area is not at a Site currently capable of tracking
entrants. Instead, the Licensed Area is located at a semi-secure Site wherein access
is not controlled by a locking gate. District may secure the Site in its sole and
complete discretion. To this end, should a gate be installed at a later date, Licensee
will be provided with two keys to be used and distributed only to authorized Licensee
personnel. The set of two keys will cost Licensee Five Hundred Dollars ($500.00)
and is non-refundable. Licensee shall promptly notify District of any lost or stolen
keys.
3. Additional Equipment. In addition to the equipment permitted in the License,
District consents to the installation and operation of additional equipment, and
associated cables on Site as more completely described in Attachment 1 and
depicted in Exhibit B-2. Therefore, Exhibit “[DESCRIBED IN THE LICENSE]” to the
License is hereby deleted in its entirety and replaced in full with Attachment 1 and
Exhibit B-2 attached hereto and incorporated herein by this reference. District’s
execution of this Amendment No. [X] will signify District’s approval of Exhibit B-2. To
the extent of any discrepancy between Exhibit [DESCRIBED IN THE LICENSE] and
Exhibit B-2, Exhibit B-2 shall control.
4. License Fee. Commencing on the first day of the month following full execution of
this Amendment No. [X] (the “License Fee Increase Commencement Date”), License
Fee shall be increased by XX XXX and 00/100 Dollars ($XXX.00) per month, subject
to further adjustments as provided in the License. District acknowledges that
Licensee’s initial payment of the increased License Fee may not occur until sixty (60)
days after the License Fee Increase Commencement Date.
[IF BACK LICENSE FEE OWED FOR UNAUTHORIZED EQUIPMENT INSTALLATION]
Within forty-five (45) days after the full execution of this Amendment No. [X],
Licensee shall pay to District a one-time payment in the amount of XXX XX and
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
3
XX.XX\XX
XX/100 Dollars ($XXX.XX) (“Back License Fee”) in full accord and satisfaction, and
as full and final settlement of any and all amounts owed and all claims with respect
thereto between the parties arising out of or in any way related to Licensee’s
installation of its [DESCRIBE EQUIPMENT – IF ANY] and associated cables and
equipment covering the period from [MONTH DAY, YEAR] through the effective date
of this Amendment No. [X] (“Dispute”).
5. Annual License Fee Adjustment. Section X of the License is hereby amended to
replace the CPI annual License Fee increase with the following:
“Commencing on July 1, 2017, and on July 1 of each year during the remaining
Renewal Terms, if any, the License Fee shall be adjusted annually by X percent
(X%) over the License Fee paid during the previous year.”
6. Improvements; Access. Portions of Section X of the License are amended and
Section [X1, (y1)] is deleted in its entirety and replaced in full with the following:
“District shall provide access to Licensee, Licensee's employees, agents, contractors
and subcontractors to the Premises twenty-four (24) hours a day, seven (7) days a
week. Access during normal business hours (8:00 AM to 5:00 PM, Monday through
Friday, excluding holidays) shall be at no charge to Licensee. After-hour access shall
be for emergency purposes only. Licensee shall reimburse to District any cost or
expense reasonably associated with Licensee's after-hour access and/or Licensee’s
supervised access to the Site. Licensee has limited rights of ingress to and egress
from the Site. Licensee’s access to the site shall not cause undue inconvenience to
District or interfere with District’s Paramount Rights. Prior to accessing the Site for
any purpose, Licensee shall call (714) 701-3102 and/or email District providing the
following information: (a) entity name requesting access and entity’s relationship to
Licensee, (b) anticipated time, date and duration for access, and (c) a brief
explanation of the scope of work to be performed including the use of heavy
equipment such as cherry pickers or large vehicles commonly associated with
construction activities, if any.”
Section [X2, (y2)] is hereby deleted in its entirety and replaced in full with the
following:
“Licensee shall remove all Communications Facility at its sole cost and expense
upon the expiration, cancellation or within ninety (90) days after the early termination
of the License. Licensee shall be responsible for paying monthly License Fee then
currently due until Site areas are restored and Licensee shall repair or pay for any
damage to the Site caused by such removal and restore the Site to the reasonable
satisfaction of the District, reasonable wear and tear excepted as determined by the
District in its sole discretion.”
7. Repairs. Section [X3, (y3)] of the License is hereby deleted in its entirety and
replaced in full with the following:
Licensee shall maintain the Site and Communications Facility in compliance with the
Policy and Procedures, including any applicable conditions of approval referenced
above or subsequently approved modifications. Moreover, Licensee shall repair the
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
4
XX.XX\XX
Site for damage attributable to Licensee’s use of the Site within one hundred twenty
(120) days upon written request from the District. Nothing herein shall require
Licensee, however, to restore or repair any damage to the Site caused by the
District.
8. Notices. Section [X4] of the License is hereby deleted in its entirety and replaced in
full with the following:
“Notices. All notices, requests, demands and other communications shall be in
writing and are effective three (3) days after deposit in the U.S. mail, certified and
postage paid, or upon receipt if personally delivered or sent by at least two-business-
day delivery via a nationally recognized overnight courier to the addresses set forth
below. Notices will be addressed to the parties as follows:
Lessor: Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870
Attention: Engineering Manager
Lessee: [CARRIER NAME]
Attn: XXX
RE: [Cell Site No.: XXX; Cell Site Name: XXX]
[STREET ADDRESS]
[CITY, ST ZIP]
With a Copy to: [XXX]
Attn: XXX
RE: [Cell Site No.: XXX; Cell Site Name: XXX]
[STREET ADDRESS]
[CITY, ST ZIP]
The copy sent to the Legal Department is an administrative step which alone does
not constitute legal notice. Either party hereto may change the address or persons
for the giving of notice to it by ten (10) days’ prior written notice to the other as
provided herein.”
9. Policy and Procedures. Licensee acknowledges and agrees that it will comply, at
all relevant times with Policy and Procedures, adopted on [MONTH DAY, YEAR] and
incorporated into this Amendment No. [X]. Further, Licensee acknowledges and
agrees that the Policy and Procedures may be revised from time to time by District,
and all relevant changes or revisions to the Policy and Procedures will automatically
apply to this Amendment No. [X] upon written notice of the revised Policy and
Procedures by District without the need for any formal amendment of this License.
10. Continued Effect. Except as expressly amended hereby, all terms and
conditions set forth in the License remain unmodified and in full force and effect.
Unless specified otherwise, any capitalized terms used herein shall have the same
meaning prescribed to them in the License.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
5
XX.XX\XX
11. Signature Authority. The persons who have executed this Amendment No. [X]
represent and warrant that they are duly authorized to execute this Amendment No.
[X] in their individual or representative capacity as indicated.
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
6
XX.XX\XX
IN WITNESS WHEREOF, District and Licensee have executed this Amendment No. [X]
to the Communications Site License Agreement as of the date first written above.
DISTRICT: LICENSEE:
YORBA LINDA WATER DISTRICT, [CARRIER NAME].
a public agency a company
By: By:
Name: Name:
Title: Title:
Approved as to Form:
[Name], General Counsel
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
7
XX.XX\XX
EXHIBIT A
LEGAL DESCRIPTION OF THE SITE
District’s Site of which the Licensed Area is a part is legally described as follows:
[INSERT LEGAL DESCRIPTION]
[STREET, CITY, CA ZIP] (Assessor’s Parcel Number ___-___-__)
YLWD SITE NAME:
LICENSEE SITE NAME:
LICENSEE SITE NUMBER:
8
XX.XX\XX
ATTACHMENT 1
Description of License Space & Equipment Totals Pursuant to the Communications Facility
License Agreement [DEIFINED NAME] dated [MO. DAY, YR]:
Equipment License area equal to (XX’-XX” x XX’-XX” x XX’-XX”) ~XXX+/- square feet
[DESCRIPTION].
Up to six (XX) _____-mounted antennas with XXX (X) X’-XX” panel antennas per sector on
XXXX (X) sectors.
Up to ___ RRU’s, XX per sector on XX sectors.
One (1) XX’ x XX’ equipment _____.
Together with underground conduits, cables, cable trays, wires and utility equipment necessary
for the operation of the communications facilities.
Licensed Space & Equipment additions pursuant to this Amendment No. [X] to include the
following:
Add XX (X) ____-mounted XXX antenna.
Together with underground conduits, cables, cable trays, wires and utility equipment necessary
for the operation of the communications facilities.
EXHIBIT B-2
[See attached page XX of XX pages]
YLWD SITE NAME: LICENSEE SITE NAME: LICENSEE SITE NUMBER: 9 XX.XX\XX SITE PLAN
Appendix C
Application Procedures and Forms
YLWD.v.2018.15 Communications Facilities Project Application Page 1 of 2
Communications Facilities Project Application
Required for all New & Existing Communications Facilities on District Property
(Check all that apply)
Application for New License Agreement
Application for License Amendment
Application for Consent Letter for minor improvements (no excavation/plan approval)
Application for Consent Letter for major improvements (Site excavation/plan approval)
Specialty field inspection (coating, welding, compaction, etc.), billed to licensee upon completion
of construction
Application for Site Decommission (Site excavation/plan approval)
Application for insurance compliance, name change, assignment, change of ownership or entity
Please see the Fee Schedule in Appendix D of the YLWD Communication Facilities License Program
(Payments should be made payable to YLWD and shall accompany this application)
Total Fee: $ Check #:
YLWD Site Name: __________________________________________
YLWD Site Address: ________________________________________
APN#: ___________________________________________________
Carrier Name (Licensee): ___________________________________
Licensee’s Local Address: ________________________________
Licensee’s site Name /Number: ________________________________
Correspondence regarding this application should be sent to:
Agent Name:
Agent Company: _______________________________
Address:
Phone:
E-mail:
Applicant Signature Date
____ New License Modified Build ______Decommission
Detailed description of Project:
(mark all that apply)
Antenna(s) (Y/N): _____________________ Number / Size: ________________
___________________________________
Microwave dish (Y/N): _________________ Number / Size: _________________
RRUs (Remote Radio Units) (Y/N): _______ Number / Size: ________________
Surge Suppressors (Y/N): _____________ Number / Size: ________________
TMA/LNA (Y/N): ___ Number / Size: ________________
Trenching (Y/N): ______________________ Location/Length: _______________
Proposed Location of the BTS equipment (and existing equipment, if applicable):
Interior/Exterior: Size: Square Feet:
Enclosure material: _________________________________________________________
Proposed screening material: _________________________________________________
Site access to equipment: ____________________________________________________
Aesthetic mitigation measures: ________________________________________________
This application is valid for 12 months from the receipt of the application fees
YLWD only
Payment Received: $ Date:
Original Submittal Date: _____
Re-submittal No.: Date:
YLWD Project Tracking No.:
Appendix D
Fee Schedule
Yorba Linda Water District
Communication License Program
Application Fee Schedule1
Checks for Site Application fees should be made payable to the Yorba Linda Water District.
The District request that Licensee issues separate checks for each type of fee. Prior to cashing
the checks, the District will review each application and determine whether the required
application fees have been submitted. If a fee has been submitted that is not necessary, the
District will return the check. If fees are missing, the District will advise the Applicant. Once a
fee is accepted, it is non-refundable and not assignable to another project application. Failure
to diligently pursue an application once submitted (for example, by not responding to a District
request for information for several months) may result in denial of the application and require
resubmittal.
Types of fees:
1. Application Fee for a new License Agreement - $3,500.00 nonrefundable deposit and full
reimbursement of District out-of-pocket and attorney fees above that amount.
2. Application Fee for License Amendment - $1,250.00 nonrefundable deposit and full
reimbursement of District out-of-pocket and attorney fees above that amount.
3. Application Fee for a Consent Letter for minor improvements (no excavation) - $1,500.00
flat fee.
4. Application Fee for a Consent Letter for major improvements (Site excavation) -
$1,750.00 flat fee.
5. Application for a letter of authorization to commence zoning and permitting - $500.00 flat
fee.
6. Specialty field inspections fees - $75 per hour (coating, welding, compaction, etc.), billed
to Licensee upon completion of installation and prior to close-out.
7. Application Fee for a Site Decommission - $2,000.00 nonrefundable deposit and full
reimbursement of District out-of-pocket and attorney fees above that amount.
8. Application Fee for insurance compliance, name change, assignment, change of
ownership or entity - $600.00 nonrefundable deposit and full reimbursement of District
out-of-pocket and attorney fees above that amount.
1 These processing application fees are in addition to the ‘annual License Fee’ required under the License
Agreement/Amendment.
Appendix E
Signature Block and Equipment Table Samples
Signature Block Sample and Equipment Schedule
Required on all title pages of drawings submitted to YLWD for approval for
communication license holder’s site improvements.
Approved By: Yorba Linda Water District
DATE
By: Title:
YLWD SITE NAME
EQUIPMENT SCHEDULE
ZONING
APPROVED
LICENSED
APPROVED
EXISTING ON
SITE
NEW
MOD (TOTALS)
# OF
ANTENNAS
ANTENNA
SIZE
EQUIPMENT
AREA
RRU'S /
LOCATION
Appendix F
Construction Notes
1
These construction notes shall appear on the notes sheet of every set of Construction
Drawings/Plans submitted for District’s review and approval:
YLWD Construction Notes:
1. The Yorba Linda Water District Inspector shall be notified at least two (2) working
days prior to beginning of construction. Call (714) 701-3100 to arrange for inspection.
2. A preconstruction conference of representatives from applicable agencies shall
be held on Site at least one week prior to beginning construction at which time a
construction schedule and 24-hour contact information shall be provided to YLWD.
3. Contractor shall maintain safe access to the Site at all times for YLWD
personnel. Open trenches shall be properly plated at the end of each working day to
allow for 24-hour YLWD access to the Site.
4. The Contractor(s) and Licensee shall be responsible for any damage due to
Construction activities to District Facilities and the existing Site(s) and shall return
damaged facilities to existing condition or better at no cost to the District.
5. The Contractor shall notify Underground Service Alert (DIG ALERT) at least two
(2) working days prior to beginning construction at 1-800-422-4133. Any YLWD facilities
to be crossed or paralleled within five feet shall be potholed to verify location prior to
working in the vicinity of YLWD facilities. Licensee or its Contractor is responsible for
providing gate access to DIG ALERT inspection(s). All excavations across YLWD
facilities shall be due by hand.
7. All new and existing Communications Facilities shall be properly tagged (e.g.
stencil or decal) identifying the Carrier's name, Carrier Site Name and/or Number and
24-hour phone emergency contact number. Contractor to ensure that radio frequency,
warning and emergency signage (placards) are correct and meet the requirements from
the local jurisdiction, State and Federal guidelines.
8. The Contractor shall have a copy of any required permit, a copy of the District
approved Construction drawings/plans and a copy of the District signed Consent Letter
on-site at all times during the work activity.
9. The Contractor is responsible to ensure the Site is secure at all times, during
both working and non-working hours.
10. The Contractor shall provide the District with a set of City (County) stamped and
approved Construction Drawings/Plans and a copy of any necessary permits (Building
2
Permit, Electrical Permit, Grading Permit and/or Encroachment Permit) prior to
commencing any work.
11. The contractor shall saw cut all pavement. Backfill shall be one sack slurry or
aggregate base to within 1" of existing AC.
12. The contractor shall provide a minimum cover of 30-inches on top of all
underground conduits.
13. The contractor shall replace asphalt pavement with: 1st lift - 3/4" mix, relative
compaction 95%, no more than 3" placed at any one time. 2nd lift - 1/2" fine, no more
than 11/2" lift.
14. The contractor shall slurry seal the entire work area and any damaged areas
curb to curb. The contractor may be required to repair, and slurry seal additional areas
as identified by District Inspector (e.g. opening trench seams in asphalt patch).
14B. If applicable, see Section 3.7 Softscape Replacement of the Policy and
Procedures for Communication Facilities.
15. The contractor and license holder shall perform a final walkthrough to for release
and provide the District a copy of as-built project Construction Drawings/Plans redlined
with field changes, if any, labeled “RECORD DRAWINGS” on the Title Sheet. If no field
changes were made, the RECORD DRAWINGS shall denote “Built to Plan” on the Title
Sheet.
ITEM NO. 8.2
AGENDA REPORT
Meeting Date: March 27, 2018
To:Board of Directors
From:Marc Marcantonio, General
Manager
Prepared By:Annie Alexander, Executive
Assistant
Subject:Revising Board of Directors' Policies and Procedures
STAFF RECOMMENDATION:
That the Board of Directors approve Resolution No. 18-06 amending the Board's Policies and
Procedures and rescinding Resolution Nos. 16-12 and 17-28.
DISCUSSION:
At the February 13, 2018 meeting the Board discussed amending the Board of Directors' policies
and procedures and instructed staff to incorporate the following topics:
clarifying when and how direction is provided to the General Manager from the Board;
tracking Directors' requests and questions by general topic and time spent with the General
Manager and Assistant General Manager;
submitting questions related to agenda items prior to meetings;
incorporating performance of an annual self assessment;
establishing guidelines for Director reports during regular Board meetings; and
specifying the order of business in regards to Board discussion and public comments related
to agenda items.
Staff has prepared the attached redline version of the policy document which includes additional
revisions previously approved and/or discussed by the Board. Staff also included suggested
revisions to enhance clarity, eliminate redundancy, and conform to government code. Additionally,
staff began the process of adding references to applicable government code which will be
completed during the next revision process.
Revisions requested by the Board, topics previously address, and revisions suggested by staff have
been highlighted in separate colors. Formatting changes and references to government code are
visible but have not been highlighted. Notations have been included for convenience.
Staff will be prepared to incorporate any further desired revisions at the meeting.
ATTACHMENTS:
Name:Description:Type:
BOD_Policies_Manual_Rev.pdf Backup Material Backup Material
Resolution_No._18-06_-_BOD_Policies.pdf Resolution Resolution
BOD_Policies_Manual.pdf Exhibit Exhibit
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted _____________, 2018
Resolution No. 18-XX
LEGEND
_____ Board Requested Revisions
_____ Topics Previously Addressed
_____ Staff Suggested Revisions
Text Moved To/From New Location
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 2
TABLE OF CONTENTS
1.0 PURPOSE AND SCOPE ................................................................................................................................... 3
2.0 MISSION, VISION AND CORE VALUES ..................................................................................................... 3
2.1 Mission Statement ......................................................................................................................................... 3
2.2 Vision............................................................................................................................................................. 3
2.3 Core Values .................................................................................................................................................. 3
3.0 BASIS OF AUTHORITY .................................................................................................................................... 4
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................................... 4
4.1 Duties and Responsibilities ........................................................................................................................... 4
4.2 Code of Conduct and Ethics ......................................................................................................................... 7
5.0 COMPOSITION, TERMS AND VACANCY ............................................................................................... 12
6.0 OFFICERS .......................................................................................................................................................... 14
6.1 President and Vice President ...................................................................................................................... 14
7.0 APPOINTED STAFF AND OTHERS .......................................................................................................... 15
7.1 General Manager, Secretary, Assistant Secretary and Treasurer .............................................................. 15
7.2 District Legal and Labor Counsel ................................................................................................................ 16
7.3 District Auditor ............................................................................................................................................. 17
7.4 Consultants ................................................................................................................................................. 17
8.0 COMMITTEES ................................................................................................................................................... 17
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................. 17
9.1 Directors’ Compensation ............................................................................................................................. 17
9.2 Benefits ....................................................................................................................................................... 19
9.3 Travel Expense Reimbursement ................................................................................................................. 19
9.4 District Issued Credit Cards ........................................................................................................................ 22
9.5 Communications Expense Reimbursement ................................................................................................ 22
9.6 Disclosure of Expenditures/Reimbursements ............................................................................................. 23
10.0 BOARD MEETINGS, GENERAL ................................................................................................................. 24
10.1 Regular Meetings ........................................................................................................................................ 24
10.2 Special Meetings ......................................................................................................................................... 24
10.3 Emergency Meetings .................................................................................................................................. 24
11.0 BOARD MEETINGS, AGENDAS ................................................................................................................ 25
11.1 Agendas ...................................................................................................................................................... 25
11.2 Order of Business ....................................................................................................................................... 27
12.0 BOARD MEETINGS, MINUTES ................................................................................................................... 30
13.0 BOARD MEETINGS, CONDUCT ................................................................................................................ 30
13.1 Guidelines for Discussion ........................................................................................................................... 30
14.0 BOARD ACTIONS AND DECISIONS ........................................................................................................ 33
15.0 EXHIBITS AND APPENDIXES..................................................................................................................... 33
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 3
PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable, high quality water and sewer services to
protect public health and the environment with financial integrity and superior customer
servicein an environmentally responsible manner, while maintaining an economical cost
and unparalleled customer service to our community.
2.2 Vision
2.2 Yorba Linda Water District will accomplish our mission to improve the quality of life
for those we serve by:become the leading, innovative and efficient source for high quality
reliable services.
A.Embracing Proven Technology
B.Improving Customer Satisfaction
C.Providing Efficient and Responsive Operations
D.Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions – both our successes and our
opportunities for growth. We maintain a commitment of courtesy, assessment, and
resolution with all customer concerns.
Transparency – We promote a culture where we actively listen to our customers and
communicate openly about our policies, processes, and plans for the future.
Teamwork – Success centers on all departmentsWe working together andby sharing
information and resources to achieve common goals. We are dedicated to ensuring that
Revisions previously
discussed by Board.
Revisions
previously
discussed by
Board.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 4
every voice of the District, from the Board to each individual employee is treated with
dignity and respect, and that differences are valued and individual abilities and
contributions are recognized.
Respect – We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law (WC § 30000 et seq.). The Board is the legislative body, and functions as
the District’s policymaking body. It can only function as a unit. Apart from their role as a
part of this unit, individual Directors have no authority with regard to any aspect of District
business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, contract
personnel or consultants without prior Board approval (see also Section 4.1 A). Directors
do not represent any fractional segment or region of the community, but are part of a
legislative body that represents and acts for the District as a whole. Since Directors are
elected officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
Duties and Responsibilities
4.1 Duties and Responsibilities
4.1A. The Board’s primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District’s business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager’s performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
4.2B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
A.1. The dignity, style, values and opinions of each Director shall be respected.
B.2. Responsiveness and attentive listening in communication is encouraged.
C.3. The needs of the District’s constituents shall be the priority of the Board of
Directors.
D.4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
Revisions
previously
discussed by
Board.
Board direction
to GM.
Board direction
to GM.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 5
E.5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
F.6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
disagreeable. Once the Board takes action, Directors shall commit to
supporting said action and not create barriers to the implementation of said
action.
4.3C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees or consultants.
1.
1.Accordingly, individual Directors’ requests for information as necessary
from staff or contract personnel/consultants to assist in decision making and
policy direction shall always be made to the General Manager and shall be
tracked by general topic for future reference.
2.
3.Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4.Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5.Responsive materials to Directors’ requests for information shall be
distributed by the General Manager or his/her designee, to all Board
members at the same time.
2.6. If the General Manger’s response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7.Directors’ time spent with the General Manager or his/her designee shall
also be tracked and made available to the Board for periodic evaluation.
3.8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
Tracking Director
requests and
questions by topic.
Tracking time
spent with GM
and AGM.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 6
4.9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager’s designee.
5.10. Board members shall refrain from making requests directly to District
employees to undertake analysis, perform work assignments or change the
priority of work assignments. District employees have been instructed to
notify the General Manager of all requests received from a Board member
within 48 hours.
6.11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
7.12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
8.13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
9.14. In seeking clarification for policy-related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager or legal counsel.
4.4D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
A.1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2.Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
B.
C.3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E.Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
4.5F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions shall be submitted to the General Manager in advance of
the meeting.
Newly elected or appointed Directors shall participate in a minimum of two hours
of harassment prevention training and a minimum of six hours of basic governance
Submitting
questions in
advance of
meeting.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 7
training within one year from the first day of service with the District and every five
years thereafter. Thereafter, all Directors shall participate in a minimum of two
hours of harassment prevention training every two years and a minimum of six
hours of basic governance training every five years. Participation in the
Governance Foundations course, offered by the California Special District
Association’s Special District Leadership Academy or Special District Leadership
Foundation approved equivalent, shall satisfy the basic governance training
requirement.
G.
4.6H. The Board shall review the policies and procedures contained in this manual on
an annual basis or more often as required.
I.The Board shall also perform an assessment of the governing body’s effectiveness
and its relationship with staff on an annual basis at the end of each calendar year.
The Board may utilize the survey included this manual (see Exhibit B) or choose
another method for accomplishing this task.
4.2 Code of Conduct and Ethics
4.7A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are
requirementsguidelines for ethical conduct to be followed by the Board:
A.1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
Any nNew Directors shall participate in a minimum of two hours of must
receive ethics compliance training and two hours of harassment prevention
training as soon as practical, but not more than six monthsone year, from
the first day of service with the District. Thereafter, all Directors shall be
required to receive ethics training and at least once every two years
thereafter (GC § 53235 and GC § 53237). A Director who serves on more
than one local agency board may satisfy this requirement by obtaining
suchethics training once every two years without regard to the number of
local agencies boards onwith which he/she serves. The District shall
provide information regarding available training on an annual basisannually
on where training is available. All Directors shall provide a copy of proof of
participation in these required ethics trainings to the District. Copies of
proofs of participation shall be considered public documents and shall be
retained for a minimum of five years.
Performance of
annual self
assessment.
Separated
governance
training
requirement
from other
training
requirements as
not legally
required.
Combined ethics
compliance training
and harassment
prevention training
requirements.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 8
2.
B.3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification(s), the perception of any
individuals protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term “Protected Classification” includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
C.4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District-
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
Board members shall safeguard the District’s property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
D.5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act (GC § 6250 et seq.). A Board member may make a confidential
inquiry or complaint to a district attorney or grand jury concerning a
perceived violation of law, including disclosing facts to a district attorney or
grand jury necessary to establish the alleged illegality of a District action.
Prior to disclosing confidential information, however, a Board member shall
first bring the matter to the attention of either the President or the full Board.
E.6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
1.a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
2.b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 9
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
i.If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest, so that a determination can be made whether it is a
disqualifying conflict of interest.
a.
b.ii.If it’s not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit BC), so that there can
be a determination as to whether it is a disqualifying conflict
of interest.
c.iii.Upon a determination that there is a disqualifying conflict of
interest, the Board member (1) shall: (1) publicly identify the
interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from not participatinge in the discussion,
deliberation or vote on the matter for which a conflict of
interest exists, which shall be so noted in the Board minutes;
and (2) leave the room until after the discussion, vote and any
other disposition of the matter is concluded (see also Section
13.1 C). The Director shall not be counted toward achieving
a quorum while the item is discussed. This process also
applies when the disqualifying conflict of interest is on the
Consent Calendar except the Director is not required to leave
the room (GC § 87105 (a)(3); 2 CCR 18702.5 (d)(1)).
3.c.A Board member shall not recommend the employment of a
relative to the District or to a vendor, contractor or consultant
known by the Board member to be bidding or negotiating a
contract with the District.
F.7. To avoid non-compliance with the Ralph M. Brown Act (GC § 54950 et
seq.), Directors are prohibited from sending and receiving electronically
produced messages during meetings.
G.8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
4.8B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District’s seal, trademark, logo,
branding, stationary or other indicia of the District’s identity, in any solicitation for
Combined same topic
from different section to
eliminate duplication.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 10
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
A.1. District employees.
B.2. Consultants or contractors used by the District in the past 12 months.
C.3. Individuals, entities, vendors, consultants, sub-consultants, contractors, or
sub-contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
4.9C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member’s position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
4.10D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
from the District for any action related to the conduct of the District’s business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
4.11E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act (GC § 54950 et seq.).
4.12F. The General Manager has primary responsibility for (1) ensuring compliance with
the District’s personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
A.1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager’s
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
B.2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 11
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
4.131.1 Any new Director must receive ethics training as soon as practical, but not more
than one year, from the first day of service with the District. Thereafter, all Directors shall
be required to receive ethics training at least once every two years. A Director who serves
on more than one local agency board may satisfy this requirement by obtaining ethics
training once every two years without regard to the number of local agencies with which
he/she serves. The District shall provide information annually on where training is
available. All Directors shall provide a copy of proof of participation in the required ethics
training to the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
4.14G. Directors are not subject to the District’s Conflict of Interest Codes, but are
subject to the disclosure requirements of the Political Reform Act (GC § 87100 et
seq.; GC § 87203). Directors are required to file a Statement of Economic Interests
(Form 700) with the County when assuming office, on an annual basis thereafter,
and when leaving office. Filing of these forms shall be performed using the
County’s e-file system.
4.15H. Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700’s in accordance with that respective agency’s Conflict of
Interest Codes.
4.16I. The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
A.1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
B.2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board’s review and consideration of a complaint. A sanction may
Combined with
other legally
required training.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 12
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
C.3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de-authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
4.17J. All complaints shall be submitted in writing to the General Manager and/or the
District’s legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
with the accused Director’s written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director’s defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
4.18K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District (WC § 30500).
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 13
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years (WC § 30502). Terms of office are staggered, with elections
held in November of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths
(WC § 30509-30510).
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies (WC
§ 30506).
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office (WC § 30503).
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term
(GC § 1770 et seq.):
A.Death of an incumbent;
B.A court’s declaration that the incumbent is physically or mentally incapacitated;
C.Resignation;
D.Removal from office;
E.Ceasing to be an inhabitant of the District;
F.Absence from the state beyond periods allowed by law;
G.Ceasing to discharge the duties of the office for three consecutive months;
H.Conviction of a felony;
I.Refusal or neglect to file required oath of office;
J.Declaration by a competent tribunal that election or appointment is void; or
K.Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code (WC § 30504). The District shall notify the county elections official
of the vacancy no later than 15 days after the Board is notified of the vacancy or the
effective date of the vacancy, whichever is later.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 14
A.The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B.If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C.If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D.If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E.Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board (GC § 1770; WC § 30508).
OFFICERS
6.1 President and Vice President
A.A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B.The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C.If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 15
D.In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E.The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F.The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G.The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed updated annually at the District’s reorganization meeting held at the first
regular meeting of the Board in December of each year or as necessary.
H.Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A.A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law (WC § 30000 et seq.), set forth in these policies,
set forth in the General Manager’s contract with the District, imposed by the Board,
and in accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board (WC § 30580-30581).
B.A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
Updated to reflect
requirements for
Financing Authority.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 16
District Law (WC § 30000 et seq.), set forth in these policies, imposed by the
Board, and in accordance with governing laws and regulations.
C.A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law (WC § 3000 et seq.), set forth in these policies, imposed
by the Board, and in accordance with governing laws and regulations. The
Treasurer shall install and maintain a system of auditing and accounting that shall
completely and at all times show the financial condition of the District (WC §
30582).
D.A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E.The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmedupdated annually
at the District’s reorganization meeting held at the first regular meeting of the Board
in December of each year or as necessary.
F.The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board or deemed
appropriate by the General Manager, shall each give a bond to the District
conditioned for the faithful performance of his/her duties as the Board may provide
(WC § 30545). Payment for the provision of these bonds shall be provided by the
District.
G.Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
7.2 District Legal and Labor Counsel
A.The District’s Legal and Labor Counsel are law firms that are appointed by and
report to the Board of Directors.
1.Legal Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
Updated to reflect
requirements for
Financing Authority.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 17
2.Labor Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to public sector law, employment law, and other
related business of the District. Labor Counsel shall perform such duties as
the Board or General Manager may request, and shall (1) review all
employment related matters to insure legality and acceptability under law;
(2) prepare or review employment and labor related documents and provide
legal counsel, as required by the Board or General Manager and (3) attend
and/or participate in Board meetings and other meetings as directed by the
Board or the General Manager.
7.3 District Auditor
A.The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A.The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors’ Compensation
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 18
9.1A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day’s attendance at meetings of the Board and other meetings
attended at the request of the Board (GC § 53232.1; WC § 20201; Ord. 03-01),
including reasonable and necessary travel time (see Appendix 1). Compensation
for any type of service shall not exceed ten days in any calendar month (WC §
20202; Ord. 03-01).
B.Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1.Association of California Water Agencies (ACWA)
2.Association of California Water Agencies – Joint Powers Insurance
Authority (ACWA-JPIA)
3.American Water Works Association (AWWA)
4.California Association of Sanitation Agencies (CASA)
5.California Special Districts Association (CSDA)
6.California-Nevada Section of American Water Works Association (CA-NV
AWWA)
7.City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
8.Colorado River Water Users Association (CRWUA)
9.Independent Special Districts of Orange County (ISDOC)
10.Metropolitan Water District of Southern California (MWD or MET)
11.Municipal Water District of Orange County (MWDOC)
12.Orange County Local Agency Formation Commission (OC LAFCO)
13.Orange County Sanitation District (OCSD)
14.Orange County Water Association (OCWA)
15.Orange County Water District (OCWD)
16.Special District Leadership Foundation (SDLF)
17.Urban Water Institute (UWI)
18.Water Advisory Committee of Orange County (WACO)
C.Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
D.Directors shall complete an Activity Report and Compensation Form (see Exhibit
CD) on a monthly basis. Directors have until the 15
th day of the following month
to file said reports with the General Manager or his/her designee. If an activity
report is not returned by this deadline, no compensation shall be paid to the
Director for that reporting period.
9.2
9.3E. All activity reports shall be reviewed and approved by the President or the Vice
President.
9.4F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment (Ord. 03-01, WC § 20202). The
Board shall consider its compensation rate following the reorganization meeting
held at the first regular meeting of the Board in December of each year. If the Board
Revisions
previously
discussed by
Board.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 19
recommends an increase in the amount of compensation, an Ordinance shall be
considered and adopted by the Board according to the following procedures:
A.1. A public hearing shall be held prior to adoption of the Ordinance (WC §
20203).
B.2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing
(GC § 6066).
C.3. The Ordinance shall become effective 60 days from the date of its final
passage (WC § 20204).
9.5G. The District does not provide any of its Directors with loans.
9.2 Benefits
9.6A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees (GC § 53208.5). A Director is also eligible for District-provided
post-service health benefits if the following conditions are satisfied: the Director’s
term began before January 1, 1995 and continued uninterrupted until on or after
May 27, 2010; and the Director began receiving health benefits from the District
before January 1, 1994. The rate of accrual for post-service health benefits is one
year of benefits for each three years of service to the District as a Director. In
addition to the terms and conditions provided herein, any terms or conditions set
forth in the personnel rules of the District that are applicable to retiree health
benefits shall also apply to post-service health benefits for Directors, except those
conditions relating to good standing and adequate notice of retirement. Directors
are also eligible for District-provided Group Life insurance and Accidental Death
and Dismemberment insurance in amounts up to $10,000 each. Additionally,
Directors may elect to participate in the District’s deferred compensation plan.
Enrollment in any of the above benefits plans is subject to the rules and restrictions
of the plans.
9.3 Travel Expense Reimbursement
9.7A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board (GC § 53232.2; Ord. 03-01). Attendance at
an event must be preapproved or ratified by a majority vote of the Board in order
to be considered as an activity for the purposes of compensation and payment or
reimbursement of travel expenses. Directors’ rates for reimbursement and
payment of travel expenses shall not be greater than rates specified for District
employees.
Separated
compensation
from expense
reimbursement
as different
topic.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 20
9.8B. Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night (Or Published Group/Govt Rate)
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
9.9C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
9.10D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursableement amount cannot be more than the amount set forth above
(GC 53232.2(d). On the rare occasion the group/government rate is more than the
amount set forth above, the reimbursable amount shall equal the
group/government rate. In the event a more expensive class of transportation is
used, the reimbursable amount shall be limited to the cost of the most economical
class of transportation available as identified above.
9.11E. If an expense does not fall within the reimbursement rates identified in this
policySection 9.12, it must be preapproved or ratified by a majority vote of the
Board in a public meeting (GC § 53232.2(f)).
9.12
9.13 Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be reimbursed
on a daily basis not to exceed $75 per day. Meal expenses for partial days shall
be reimbursed on a meal by meal basis as follows: $15 for breakfast, $25 for lunch,
and $35 for dinner. Said maximums for meal expenses exclude taxes and
gratuities which are considered actual and necessary expenses (see Section 9.3.
G). Any amount spent over the daily or partial day reimbursable amounts set forth
in this section may not be deducted from another day’s reimbursable amount
during that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to another
day’s reimbursable amount during that same activity. No reimbursement shall be
provided for alternative meals when the District has paid for the cost of the activity
including any incorporated meals. Attendance at receptions before dinner shall
not be considered a meal.
F.
9.14 Eligible reimbursable amounts as identified above, do not include the cost of taxes
or gratuities.
9.15G. Actual and necessary expenses include taxes and gratuities for meals, tips
for porters, baggage carriers, bell hops, and housekeepers. This does not include
the cost of laundry, cleaning or pressing of clothes, or telephone calls.
9.16H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act. In
Additional
clarification.
Revised to
conform with
government
code.
Additional
clarification.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 21
no case shall the amount paid for mileage reimbursement for use of a personally
owned vehicle used for travel in lieu of air travel exceed the cost of coach class or
equivalent airfare.
9.17I. The District shall not incur any costs for a spouse, or other accompanying person.
9.18J. In order to obtain reimbursement tfor qualified expenses, the following procedures
must be followed:
A.1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit DE) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred (GC § 53232.3).
B.2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit EF) for local meeting attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days following the end of each month.
C.3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
D.4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
E.5. All expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall
be reviewed and approved by the President or Vice President.
F.6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document.
G.7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit FG) as substantiation of the
expense.
H.8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit GH) for such expenses paid in cash without a receipt.
I.9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
9.19K. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
Revised to
conform with
government
code.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 22
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
conference or training event when it is apparent that there is no significant benefit
to the District.
9.20L. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance (GC § 53232.3(d)). Said report shall detail what was
learned at the session(s) that will be of benefit to the District and can be submitted
in written or verbal form though ideally no longer than three minutes. Materials
from session(s) may be delivered to the General Manager for inclusion in the
District’s library for future use.
9.4 District Issued Credit Cards
A.Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B.Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
C.Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D.Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
9.21A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
A.1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
B.2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit HI) in accordance with established
procedures.
C.3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director’s choosing
plus a monthly allowance of $25 for a data plan relating to e-mail/internet
access, etc., as applicable. Qualifying electronic equipment and related
items shall include tablets PCs, laptop computers, tablet PC/laptop covers
or cases, protective screen wraps, extended warranties, and downloadable
Guidelines for
Director reports.
$GGLWLRQRI
QHZWRSLFQRW
SUHYLRXVO\
DGGUHVVHG
Suggested discontinuation
of data plan reimbursement
as not utilized and Federal
Tax Code requires detailed
documentation.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 23
applications specific to the conduct of District business, such as word
processing, spreadsheet or PDF annotation applications.
D.4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
E.5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director’s Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B.Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
9.22
9.23C. Failure to submit a completed form within this time frame shall result in a denial of
the Director’s request for reimbursement of the expense.
A.1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2.Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
B.
9.24D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
9.25E. All communications expense reimbursement requests shall be reviewed and
approved by the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and approved by the President or Vice President.
9.6 Disclosure of Expenditures/Reimbursements
9.26A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
9.27B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 24
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
paid to any Director. This report shall be made available for public inspection upon
request (GC § 53065.5).
9.28C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend (GC § 54953(a); WC § 30529). The District shall continue
to implement all applicable requirements of the Ralph M. Brown Act (GC § 54950 et seq.) to
ensure transparent, open and responsive government.
10.1 Regular Meetings
A.All regular meetings of the Board shall be held on the second and fourth Tuesday
of each month. If these days happen to coincide with a holiday designated by law
or otherwise recognized by the District, the meeting shall be rescheduled to a date
and time as determined by a majority vote of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting will generally commence
at 5:30 p.m. or 6:00 p.m. depending on time requirements and may be noticed
separately as a special meeting. Regular meetings shall commence at 6:30 p.m.
Any member of the Board may make a motion to complete any item under
discussion during meetings lasting more than four hours from the time of
commencement. All remaining items on the agenda which have not been acted
upon shall be continued to the next regular meeting or as specified by the Board.
10.2 Special Meetings
A.Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A.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, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 25
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B.Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C.No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A.Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda (GC § 54950 et
seq.). All ordinances, resolutions and contracts shall be reviewed by legal counsel
and approved as to form and legality prior to submission for consideration by the
Board.
B.The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C.A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D.A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District’s website.
E.Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 26
F.All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G.A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H.All non-exempt writings related to an agenda iteminformation made available and
distributed to a majority of the Board less than 72 hours prior to the meeting (except
confidential information allowed by law per legal counsel authority) shall be made
available for public review at the same time (GC § 54957.5)prior to the Board
meeting.
H.
I.Any Director may contact the General Manager and request an item to be placed
on anthe agenda no later than 12:00 p.m. the day 48 hours before an agenda is
scheduled to be closed. In general, all agendas will be closed on Wednesday at
12:00 p.m. of the week prior to the meeting date.
J.Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
I.K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
J.L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1.The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2.The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
Additional
clarification.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 27
3.No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4.The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
K.M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1.The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2.The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A.Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B.Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C.If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D.Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board (WC § 30523). Irrespective of the number of
Board members constituting a quorum for a particular meeting, a majority vote of
the Board shall consist of at least three votes. No ordinance, resolution or motion
shall be passed or become effective without the affirmative votes of at least a
majority of the members of the Board (WC § 30525).
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 28
E.Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act (GC § 54950 et seq.). Duly noticed
teleconference locations may be outside the District’s jurisdictional boundaries, but
for purposes of establishing a quorum, at least three Directors must be
participating in the meeting from within the District’s jurisdictional boundaries. A
Director is entitled to participate fully in the meeting and vote from a teleconference
location, and all votes shall be taken by roll call.
F.The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G.The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1.Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2.Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3.When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H.The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1.Introductions and Presentations
1.2. Public Comments
2.3. Public Hearings
3.4. Consent Calendar
4.5. Action Calendar
5.6. Discussion Calendar
6.7. Informational Reports and Other Business
7.8. Closed Session(s)
8.9. Adjournment
I.Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which they he/she wishes to comment. If the matter
relates to an item on the current agenda, the Presiding Officer shall recognize the
person and invite their comment when the item is considered. If the matter does
not relate to an item on the current agenda, the Presiding Officer shall determine
whether and when to allow the comment. Comments are limited to matters of
public interest within the jurisdiction of the District, and shall comments must be no
more than three minutes in length unless a time extension is granted by the
Presiding Officer. A maximum of 20 minutes shall be allotted for each subject
Moved from
different section
for continuity.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 29
matter pursuant to the discretion of the Presiding Officer. No action shall be taken
on matters not appearing on the posted agenda for that meeting, although
Directors may respond briefly to public comments.
I.J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1.Opening of Hearing by Presiding Officer
2.Verification of Notice of Hearing Provided by Board Secretary
3.Reports by General Manager, Staff and/or Consultant
4.Comments from the Public Speaking in Favor and/or Against the Issue
5.Receipt of Written Communications from the Public
6.Continue or Closing of Hearing by Presiding Officer
7.Questions to Staff and Board Discussion
8.Consideration of Action by the Board
J.K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1.Minutes of Previous Board Meetings
2.Approval to Pay Warrants
3.Routine Environmental Assessments
4.Approval of Routine Terms and Conditions for Water and/or Sewer Service
5.Approval of Change Orders (With a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6.Approval of Contracts (For projects identified in the adopted budget.)
7.Final Acceptance of Facilities
8.Disposition of Liability Claims
9.Other Routine Administrative Matters
K.L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
L.M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
Moved from
different section
for continuity.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 30
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
M.N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J-K.
N.O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act (GC § 54950 et seq.). At times, during Board meetings,
the Board may adjourn into Closed Session to discuss personnel matters, real
estate negotiations, existing or anticipated litigation or other matters as specified
in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are
also required for Closed Session items.
O.P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
P.Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained for 30 days following the date the meeting minutes are approved by a majority
vote of the Boardin accordance with the District’s records retention policy. Video
recordings of all regular Board meetings or public hearings shall be retained for a
minimum of 30 days following the date of the meeting.
BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended primarily for those situations where discussion of an issue
is taken up with considerable enthusiasm by several Directors and/or members of the
general public, and it is necessary to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
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Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 31
A.The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B.The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always therefore does not conduct its
meetings with formal “rules of order” or parliamentary procedure.
B.A. The Presiding Officer for each meeting has the responsibility to preserve order
and decorum. If at any time, a Director believes order is not being maintained or
that procedures being followed are not adequate for the decision-making process
at hand, he/she shall call this fact to the attention of the Presiding Officer and
request corrective action. If the corrective action taken by the Presiding Officer is
not satisfactory, a motion for specific corrective action may be made to the Board.
In that event, a majority vote of the Board shall determine the action to be taken.
C.A Director is disqualified from participating in the decision-making process if a
financial interest in an item before the Board might interfere with the performance
of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If
grounds for disqualification exist, the Director at issue shall announce prior to
consideration of the matter that he/she has a conflict of interest (see Exhibit B),
publicly identify the interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public, recuse themselves from discussing
and voting on the matter, and then leave the room until after the discussion, vote,
and any other disposition of the matter is concluded. The Director shall not be
counted toward achieving a quorum while the item is discussed. This rule applies
when the item that gives rise to the disqualification is on the Consent Calendar
except the Director at issue is not required to leave the room. Any Director unsure
about whether a conflict of interest exists may request an opinion from legal
counsel.
as considered with the exception of items on the Consent Calendar.
D.Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 I).
E.Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
D.A. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
E.F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
C.The Presiding Officer shall read aloud the description of each item on the agenda
Moved to different
sections for
continuity.
Specifying order
of business
related to
consideration of
agenda items.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 32
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
G.Any Director moving the adoption or approval of a matter may call for the question.
The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
F.H.
G.I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
H.J. All motions shall be adopted by voiceroll call vote unless otherwise required by
law. The Secretary shall record in the Minutes any dissenting and abstaining
votes, or disqualification from voting due to a conflict of interest.
K.Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
I.The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
J.L.
K.
L.A. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which he/she wishes to comment. If the matter relates
to an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. If the matter does not relate
to an item on the current agenda, the Presiding Officer shall determine whether
and when to allow the comment. Comments are limited to matters of public interest
within the jurisdiction of the District, and comments must be no more than three
minutes in length unless a time extension is granted by the Presiding Officer. A
maximum of 20 minutes shall be allotted for each subject matter pursuant to the
discretion of the Presiding Officer. No action shall be taken on matters not
appearing on the posted agenda for that meeting, although Directors may respond
briefly to public comments.
M.
N.M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
Moved to/from
different sections
for clarity and
continuity.
Revised to
facilitate adoption
of resolutions on
consent calendar.
Moved to/from
different sections
for clarity and
continuity.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 33
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion (WC § 30523). The
Presiding Officer shall state each matter as it is presented for consideration by the Board
and shall announce each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary (WC §
30528). Ordinances shall be in full force and effect upon adoption unless otherwise
provided by law, and the Secretary shall be responsible for compliance with any and all
legal requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board (WC § 30526).
EXHIBITS AND APPENDIXES
Exhibits
A.Acknowledgement
B.Assessment Survey of Governing Body’s Effectiveness
B.C. Sample Conflict of Interest Declarations
C.D. Activity Report and Compensation Form
D.E. Travel Expense Reimbursement Form
E.F.Meeting and Mileage Expense Reimbursement Form
F.G.Missing Receipt Affidavit Form
G.H.Miscellaneous Gratuities Form
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 34
I.Communications Expense Reimbursement Form
J.Waiver of Written Notice of Special and Emergency Meetings
H.K.General Guidelines for Parliamentary Procedure
Appendixes
1.Setting Compensation for Members of the Board (Ord. 03-01)
Resolution No. 18-06 Amending Board Policies and Procedures and Rescinding Resolution Nos. 16-12 and 17-28 1
RESOLUTION NO. 18-06
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE BOARD OF DIRECTORS POLICIES AND
PROCEDURES AND RESCINDING RESOLUTION NOS. 16-12 and 17-28
WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the
California Water Code; and
WHEREAS, Section 30530 of the Water Code provides that the Board shall establish
rules for its proceedings; and
WHEREAS, such rules for proceedings were formerly established and adopted by
Resolution No. 16-12 and amended by Resolution No. 17-28; and
WHEREAS, it is the desire of the Board of Directors to further amend these rules to
incorporate and clarify certain topics.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. The Board of Directors Policies and Procedures are hereby adopted as
attached hereto and by this reference incorporated herein.
Section 2. The policies and procedures contained in this manual shall take effect
immediately and that Resolution Nos. 16-12 and 17-28 are hereby
rescinded.
PASSED AND ADOPTED this 27th day of March 2018 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Al Nederhood, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Law LLP
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted _____________, 2018
Resolution No. 18-XX
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 2
TABLE OF CONTENTS
1.0 PURPOSE AND SCOPE ................................................................................................................................... 3
2.0 MISSION, VISION AND CORE VALUES ..................................................................................................... 3
2.1 Mission Statement ......................................................................................................................................... 3
2.2 Vision............................................................................................................................................................. 3
2.3 Core Values .................................................................................................................................................. 3
3.0 BASIS OF AUTHORITY .................................................................................................................................... 4
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................................... 4
4.1 Duties and Responsibilities ........................................................................................................................... 4
4.2 Code of Conduct and Ethics ......................................................................................................................... 7
5.0 COMPOSITION, TERMS AND VACANCY ............................................................................................... 12
6.0 OFFICERS .......................................................................................................................................................... 14
6.1 President and Vice President ...................................................................................................................... 14
7.0 APPOINTED STAFF AND OTHERS .......................................................................................................... 14
7.1 General Manager, Secretary, Assistant Secretary and Treasurer .............................................................. 15
7.2 District Legal and Labor Counsel ................................................................................................................ 16
7.3 District Auditor ............................................................................................................................................. 16
7.4 Consultants ................................................................................................................................................. 16
8.0 COMMITTEES ................................................................................................................................................... 17
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................. 17
9.1 Directors’ Compensation ............................................................................................................................. 17
9.2 Benefits ....................................................................................................................................................... 18
9.3 Travel Expense Reimbursement ................................................................................................................. 19
9.4 District Issued Credit Cards ........................................................................................................................ 21
9.5 Communications Expense Reimbursement ................................................................................................ 21
9.6 Disclosure of Expenditures/Reimbursements ............................................................................................. 23
10.0 BOARD MEETINGS, GENERAL ................................................................................................................. 23
10.1 Regular Meetings ........................................................................................................................................ 23
10.2 Special Meetings ......................................................................................................................................... 23
10.3 Emergency Meetings .................................................................................................................................. 24
11.0 BOARD MEETINGS, AGENDAS ................................................................................................................ 24
11.1 Agendas ...................................................................................................................................................... 24
11.2 Order of Business ....................................................................................................................................... 26
12.0 BOARD MEETINGS, MINUTES ................................................................................................................... 29
13.0 BOARD MEETINGS, CONDUCT ................................................................................................................ 30
13.1 Guidelines for Discussion ........................................................................................................................... 30
14.0 BOARD ACTIONS AND DECISIONS ........................................................................................................ 31
15.0 EXHIBITS AND APPENDIXES..................................................................................................................... 32
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 3
PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable water and sewer services to protect public
health and the environment with financial integrity and superior customer service.
2.2 Vision
Yorba Linda Water District will accomplish our mission to improve the quality of life for
those we serve by:
A. Embracing Proven Technology
B. Improving Customer Satisfaction
C. Providing Efficient and Responsive Operations
D. Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions. We maintain a commitment of
courtesy, assessment, and resolution with all customer concerns.
Transparency – We listen to our customers and communicate openly about our policies,
processes, and plans for the future.
Teamwork – We work together by sharing information and resources to achieve common
goals.
Respect – We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 4
BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law (WC § 30000 et seq.). The Board is the legislative body, and functions as
the District’s policymaking body. It can only function as a unit. Apart from their role as a
part of this unit, individual Directors have no authority with regard to any aspect of District
business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, or
consultants without prior Board approval (see also Section 4.1 A). Directors do not
represent any fractional segment or region of the community, but are part of a legislative
body that represents and acts for the District as a whole. Since Directors are elected
officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
4.1 Duties and Responsibilities
A. The Board’s primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District’s business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager’s performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
1. The dignity, style, values and opinions of each Director shall be respected.
2. Responsiveness and attentive listening in communication is encouraged.
3. The needs of the District’s constituents shall be the priority of the Board of
Directors.
4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 5
disagreeable. Once the Board takes action, Directors shall commit to
supporting said action and not create barriers to the implementation of said
action.
C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
1. Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees or consultants.
2. Accordingly, individual Directors’ requests for information as necessary to
assist in decision making and policy direction shall always be made to the
General Manager and shall be tracked by general topic for future reference.
3. Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4. Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5. Responsive materials to Directors’ requests for information shall be
distributed by the General Manager or his/her designee to all Board
members at the same time.
6. If the General Manger’s response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7. Directors’ time spent with the General Manager or his/her designee shall
also be tracked and made available to the Board for periodic evaluation.
8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager’s designee.
10. Board members shall refrain from making requests directly to District
employees to undertake analysis, perform work assignments or change the
priority of work assignments. District employees have been instructed to
notify the General Manager of all requests received from a Board member
within 48 hours.
11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 6
12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
14. In seeking clarification for policy-related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager or legal counsel.
D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2. Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E. Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions shall be submitted to the General Manager in advance of
the meeting.
G. New Directors shall participate in a minimum of six hours of basic governance
training within one year from the first day of service with the District and every five
years thereafter. Participation in the Governance Foundations course, offered by
the California Special District Association’s Special District Leadership Academy
or Special District Leadership Foundation approved equivalent, shall satisfy the
basic governance training requirement.
H. The Board shall review the policies and procedures contained in this manual on
an annual basis or more often as required.
I. The Board shall also perform an assessment of the governing body’s effectiveness
and its relationship with staff on an annual basis at the end of each calendar year.
The Board may utilize the survey included this manual (see Exhibit B) or choose
another method for accomplishing this task.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 7
4.2 Code of Conduct and Ethics
A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are requirements
for ethical conduct to be followed by the Board:
1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
2. New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of service
with the District and at least once every two years thereafter (GC § 53235
and GC § 53237). A Director who serves on more than one local agency
board may satisfy this requirement by obtaining such training once every
two years without regard to the number of boards on which he/she serves.
The District shall provide information regarding available training on an
annual basis. All Directors shall provide a copy of proof of participation in
these trainings to the District. Copies of proofs of participation shall be
considered public documents and shall be retained for a minimum of five
years.
3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification(s), the perception of any
individuals protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term “Protected Classification” includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District-
owned vehicles, equipment, telephones, materials or property, nor require
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8
a District employee to perform services for personal convenience or profit.
Board members shall safeguard the District’s property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act (GC § 6250 et seq.). A Board member may make a confidential
inquiry or complaint to a district attorney or grand jury concerning a
perceived violation of law, including disclosing facts to a district attorney or
grand jury necessary to establish the alleged illegality of a District action.
Prior to disclosing confidential information, however, a Board member shall
first bring the matter to the attention of either the President or the full Board.
6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
i. If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest so that a determination can be made whether it is a
disqualifying conflict of interest.
ii. If it’s not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit C), so that there can be
a determination as to whether it is a disqualifying conflict of
interest.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9
iii. Upon a determination that there is a disqualifying conflict of
interest, the Board member shall: (1) publicly identify the
interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from participating in the discussion, deliberation
or vote on the matter for which a conflict of interest exists,
which shall be so noted in the Board minutes; and (2) leave
the room until after the discussion, vote and any other
disposition of the matter is concluded. The Director shall not
be counted toward achieving a quorum while the item is
discussed. This process also applies when the disqualifying
conflict of interest is on the Consent Calendar except the
Director is not required to leave the room (GC § 87105 (a)(3);
2 CCR 18702.5 (d)(1)).
c. A Board member shall not recommend the employment of a
relative to the District or to a vendor, contractor or consultant
known by the Board member to be bidding or negotiating a
contract with the District.
7. To avoid non-compliance with the Ralph M. Brown Act (GC § 54950 et
seq.), Directors are prohibited from sending and receiving electronically
produced messages during meetings.
8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District’s seal, trademark, logo,
branding, stationary or other indicia of the District’s identity, in any solicitation for
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
1. District employees.
2. Consultants or contractors used by the District in the past 12 months.
3. Individuals, entities, vendors, consultants, sub-consultants, contractors, or
sub-contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member’s position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10
from the District for any action related to the conduct of the District’s business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act (GC § 54950 et seq.).
F. The General Manager has primary responsibility for (1) ensuring compliance with
the District’s personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager’s
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
G. Directors are not subject to the District’s Conflict of Interest Codes, but are subject
to the disclosure requirements of the Political Reform Act (GC § 87100 et seq.; GC
§ 87203). Directors are required to file a Statement of Economic Interests (Form
700) with the County when assuming office, on an annual basis thereafter, and
when leaving office. Filing of these forms shall be performed using the County’s
e-file system.
H. Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700’s in accordance with that respective agency’s Conflict of
Interest Codes.
I. The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member seeks
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 11
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board’s review and consideration of a complaint. A sanction may
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de-authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
J. All complaints shall be submitted in writing to the General Manager and/or the
District’s legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 12
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
with the accused Director’s written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director’s defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District (WC § 30500).
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years (WC § 30502). Terms of office are staggered, with elections
held in November of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths
(WC § 30509-30510).
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies (WC
§ 30506).
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office (WC § 30503).
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term
(GC § 1770 et seq.):
A. Death of an incumbent;
B. A court’s declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
H. Conviction of a felony;
I. Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code (WC § 30504). The District shall notify the county elections official
of the vacancy no later than 15 days after the Board is notified of the vacancy or the
effective date of the vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board (GC § 1770; WC § 30508).
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 14
OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed annually at the District’s reorganization meeting held at the first regular
meeting of the Board in December of each year or as necessary.
H. Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 15
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law (WC § 30000 et seq.), set forth in these policies,
set forth in the General Manager’s contract with the District, imposed by the Board,
and in accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board (WC § 30580-30581).
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law (WC § 30000 et seq.), set forth in these policies, imposed by the
Board, and in accordance with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law (WC § 3000 et seq.), set forth in these policies, imposed
by the Board, and in accordance with governing laws and regulations. The
Treasurer shall install and maintain a system of auditing and accounting that shall
completely and at all times show the financial condition of the District (WC §
30582).
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmed annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year or as necessary.
F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board or deemed
appropriate by the General Manager, shall each give a bond to the District
conditioned for the faithful performance of his/her duties as the Board may provide
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 16
(WC § 30545). Payment for the provision of these bonds shall be provided by the
District.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
7.2 District Legal and Labor Counsel
A. The District’s Legal and Labor Counsel are law firms that are appointed by and
report to the Board of Directors.
1. Legal Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to public sector law, employment law, and other
related business of the District. Labor Counsel shall perform such duties as
the Board or General Manager may request, and shall (1) review all
employment related matters to insure legality and acceptability under law;
(2) prepare or review employment and labor related documents and provide
legal counsel, as required by the Board or General Manager and (3) attend
and/or participate in Board meetings and other meetings as directed by the
Board or the General Manager.
7.3 District Auditor
A. The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 17
COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors’ Compensation
A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day’s attendance at meetings of the Board and other meetings
attended at the request of the Board (GC § 53232.1; WC § 20201; Ord. 03-01),
including reasonable and necessary travel time (see Appendix 1). Compensation
for any type of service shall not exceed ten days in any calendar month (WC §
20202; Ord. 03-01).
B. Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1. Association of California Water Agencies (ACWA)
2. Association of California Water Agencies – Joint Powers Insurance
Authority (ACWA-JPIA)
3. American Water Works Association (AWWA)
4. California Association of Sanitation Agencies (CASA)
5. California Special Districts Association (CSDA)
6. California-Nevada Section of American Water Works Association (CA-NV
AWWA)
7. City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
8. Colorado River Water Users Association (CRWUA)
9. Independent Special Districts of Orange County (ISDOC)
10. Metropolitan Water District of Southern California (MWD or MET)
11. Municipal Water District of Orange County (MWDOC)
12. Orange County Local Agency Formation Commission (OC LAFCO)
13. Orange County Sanitation District (OCSD)
14. Orange County Water Association (OCWA)
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 18
15. Orange County Water District (OCWD)
16. Special District Leadership Foundation (SDLF)
17. Urban Water Institute (UWI)
18. Water Advisory Committee of Orange County (WACO)
C. Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
D. Directors shall complete an Activity Report and Compensation Form (see Exhibit
D) on a monthly basis. Directors have until the 15th day of the following month to
file said reports with the General Manager or his/her designee. If an activity report
is not returned by this deadline, no compensation shall be paid to the Director for
that reporting period.
E. All activity reports shall be reviewed and approved by the President or the Vice
President.
F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment (Ord. 03-01, WC § 20202). The
Board shall consider its compensation rate following the reorganization meeting
held at the first regular meeting of the Board in December of each year. If the Board
recommends an increase in the amount of compensation, an Ordinance shall be
considered and adopted by the Board according to the following procedures:
1. A public hearing shall be held prior to adoption of the Ordinance (WC §
20203).
2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing
(GC § 6066).
3. The Ordinance shall become effective 60 days from the date of its final
passage (WC § 20204).
G. The District does not provide any of its Directors with loans.
9.2 Benefits
A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees (GC § 53208.5). A Director is also eligible for District-provided
post-service health benefits if the following conditions are satisfied: the Director’s
term began before January 1, 1995 and continued uninterrupted until on or after
May 27, 2010; and the Director began receiving health benefits from the District
before January 1, 1994. The rate of accrual for post-service health benefits is one
year of benefits for each three years of service to the District as a Director. In
addition to the terms and conditions provided herein, any terms or conditions set
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 19
forth in the personnel rules of the District that are applicable to retiree health
benefits shall also apply to post-service health benefits for Directors, except those
conditions relating to good standing and adequate notice of retirement. Directors
are also eligible for District-provided Group Life insurance and Accidental Death
and Dismemberment insurance in amounts up to $10,000 each. Additionally,
Directors may elect to participate in the District’s deferred compensation plan.
Enrollment in any of the above benefits plans is subject to the rules and restrictions
of the plans.
9.3 Travel Expense Reimbursement
A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board (GC § 53232.2; Ord. 03-01). Attendance at
an event must be preapproved or ratified by a majority vote of the Board in order
to be considered as an activity for the purposes of payment or reimbursement of
travel expenses. Directors’ rates for reimbursement and payment of travel
expenses shall not be greater than rates specified for District employees.
B. Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night (Or Published Group/Govt Rate)
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursable amount cannot be more than the amount set forth above (GC
53232.2(d). On the rare occasion the group/government rate is more than the
amount set forth above, the reimbursable amount shall equal the
group/government rate. In the event a more expensive class of transportation is
used, the reimbursable amount shall be limited to the cost of the most economical
class of transportation available as identified above.
E. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board in a public meeting (GC §
53232.2(f)).
F. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be reimbursed
on a daily basis not to exceed $75 per day. Meal expenses for partial days shall
be reimbursed on a meal by meal basis as follows: $15 for breakfast, $25 for lunch,
and $35 for dinner. Said maximums for meal expenses exclude taxes and
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 20
gratuities which are considered actual and necessary expenses (see Section 9.3.
G). Any amount spent over the daily or partial day reimbursable amounts set forth
in this section may not be deducted from another day’s reimbursable amount
during that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to another
day’s reimbursable amount during that same activity. No reimbursement shall be
provided for alternative meals when the District has paid for the cost of the activity
including any incorporated meals. Attendance at receptions before dinner shall
not be considered a meal.
G. Actual and necessary expenses include taxes and gratuities for meals, tips for
porters, baggage carriers, bell hops, and housekeepers. This does not include the
cost of laundry, cleaning or pressing of clothes, or telephone calls.
H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act. In
no case shall the amount paid for mileage reimbursement for use of a personally
owned vehicle used for travel in lieu of air travel exceed the cost of coach class or
equivalent airfare.
I. The District shall not incur any costs for a spouse, or other accompanying person.
J. In order to obtain reimbursement for qualified expenses, the following procedures
must be followed:
1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit E) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred (GC § 53232.3).
2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit F) for local meeting attendance, together
with all original itemized receipts and corresponding route maps, within 30
calendar days following the end of each month.
3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
5. All expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 21
6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document.
7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the
expense.
8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit H) for such expenses paid in cash without a receipt.
9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
K. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
conference or training event when it is apparent that there is no significant benefit
to the District.
L. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance (GC § 53232.3(d)). Said report shall detail what was
learned at the session(s) that will be of benefit to the District and can be submitted
in written or verbal form though ideally no longer than three minutes. Materials
from session(s) may be delivered to the General Manager for inclusion in the
District’s library for future use.
9.4 District Issued Credit Cards
A. Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B. Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
C. Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D. Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 22
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit I) in accordance with established
procedures.
3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director’s
choosing. Qualifying electronic equipment and related items shall include
tablets, laptop computers, tablet/laptop covers or cases, protective screen
wraps, and downloadable applications specific to the conduct of District
business, such as word processing, spreadsheet or PDF annotation
applications.
4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director’s Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B. Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
C. Failure to submit a completed form within this time frame shall result in a denial of
the Director’s request for reimbursement of the expense.
1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2. Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 23
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
E. All communications expense reimbursement requests shall be reviewed and
approved by the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and approved by the President or Vice President.
9.6 Disclosure of Expenditures/Reimbursements
A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
paid to any Director. This report shall be made available for public inspection upon
request (GC § 53065.5).
C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend (GC § 54953(a); WC § 30529). The District shall continue
to implement all applicable requirements of the Ralph M. Brown Act (GC § 54950 et seq.) to
ensure transparent, open and responsive government.
10.1 Regular Meetings
A. All regular meetings of the Board shall be held on the second and fourth Tuesday
of each month. If these days happen to coincide with a holiday designated by law
or otherwise recognized by the District, the meeting shall be rescheduled to a date
and time as determined by a majority vote of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting will generally commence
at 5:30 p.m. or 6:00 p.m. depending on time requirements and may be noticed
separately as a special meeting. Regular meetings shall commence at 6:30 p.m.
Any member of the Board may make a motion to complete any item under
discussion during meetings lasting more than four hours from the time of
commencement. All remaining items on the agenda which have not been acted
upon shall be continued to the next regular meeting or as specified by the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 24
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A. 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, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda (GC § 54950 et
seq.). All ordinances, resolutions and contracts shall be reviewed by legal counsel
and approved as to form and legality prior to submission for consideration by the
Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 25
C. A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D. A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District’s website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H. All non-exempt writings related to an agenda item and distributed to a majority of
the Board less than 72 hours prior to the meeting shall be made available for
public review at the same time (GC § 54957.5).
I. Any Director may contact the General Manager and request an item to be placed
on an agenda no later than 48 hours before an agenda is scheduled to be closed.
In general, all agendas will be closed on Wednesday at 12:00 p.m. the week prior
to the meeting date.
J. Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 26
L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 27
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board (WC § 30523). Irrespective of the number of
Board members constituting a quorum for a particular meeting, a majority vote of
the Board shall consist of at least three votes. No ordinance, resolution or motion
shall be passed or become effective without the affirmative votes of at least a
majority of the members of the Board (WC § 30525).
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act (GC § 54950 et seq.). Duly noticed
teleconference locations may be outside the District’s jurisdictional boundaries, but
for purposes of establishing a quorum, at least three Directors must be
participating in the meeting from within the District’s jurisdictional boundaries. A
Director is entitled to participate fully in the meeting and vote from a teleconference
location, and all votes shall be taken by roll call.
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2. Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Comments
3. Public Hearings
4. Consent Calendar
5. Action Calendar
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 28
6. Discussion Calendar
7. Informational Reports and Other Business
8. Closed Session(s)
9. Adjournment
I. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which they wish to comment. If the matter relates to
an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. Comments are limited to
matters of public interest within the jurisdiction of the District, and shall be no more
than three minutes in length unless a time extension is granted by the Presiding
Officer. A maximum of 20 minutes shall be allotted for each subject matter
pursuant to the discretion of the Presiding Officer. No action shall be taken on
matters not appearing on agenda.
J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (With a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 29
9. Other Routine Administrative Matters
L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J-K.
O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act (GC § 54950 et seq.). At times, during Board meetings,
the Board may adjourn into Closed Session to discuss personnel matters, real
estate negotiations, existing or anticipated litigation or other matters as specified
in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are
also required for Closed Session items.
P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained in accordance with the District’s records retention policy..
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 30
BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always conduct its meetings with formal
“rules of order” or parliamentary procedure.
C. The Presiding Officer shall read aloud the description of each item on the agenda
as considered with the exception of items on the Consent Calendar.
D. Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 I).
E. Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
G. Any Director moving the adoption or approval of a matter may call for the question.
H. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
J. All motions shall be adopted by roll call vote. The Secretary shall record in the
Minutes any dissenting and abstaining votes, or disqualification from voting due to
a conflict of interest.
K. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 31
L. The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion (WC § 30523). The
Presiding Officer shall state each matter as it is presented for consideration by the Board
and shall announce each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary (WC §
30528). Ordinances shall be in full force and effect upon adoption unless otherwise
provided by law, and the Secretary shall be responsible for compliance with any and all
legal requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 32
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board (WC § 30526).
EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Assessment Survey of Governing Body’s Effectiveness
C. Sample Conflict of Interest Declarations
D. Activity Report and Compensation Form
E. Travel Expense Reimbursement Form
F. Meeting and Mileage Expense Reimbursement Form
G. Missing Receipt Affidavit Form
H. Miscellaneous Gratuities Form
I. Communications Expense Reimbursement Form
J. Waiver of Written Notice of Special and Emergency Meetings
K. General Guidelines for Parliamentary Procedure
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
Exhibit A
E3
YORBA LINDA WATER DISTRICT
Acknowledgement Form
By signing below, the Director hereby acknowledges and agrees that he/she:
a) Has read this manual and understands its expectations;
b) Will comply with all local, state, and federal laws and regulations as an inherent quality
of ethical behavior;
c) Pledges to uphold a standard of integrity and competence beyond that required by law;
d) Will treat all persons, claims and transactions in a fair and equitable manner; and
e) Fully understands they are subject to the Board's admonition, sanction and censure,
depending on their ability to exemplify the ethical and professional behavior promoted by this
manual.
Director's Name (Printed): Date:
Director's Signature:
Distribution: Original to Personnel File
Copy: Director
Exhibit B
ASSESSING GOVERNING BOARD EFFECTIVENESS
NAME: I
This survey was developed by Len Wood &Associates to help assess the effectiveness of the governing body and its
relationship with staff. Please address each statement by allocating points as follows:
"0" if you feel the statement is very true.
"T' if you feel the statement is somewhat true.
"2" if you feel the statement is somewhat untrue.
"3" if you feel the statement is very untrue.
Do not spend too much time on any statement. Your first reaction is usually best. Answer the way things are- not the
way you would like them to be.
ISSUE POINTS
1. Board meetings start on time.
2. All board members feel free to express their opinions.
3. All members are contributing members of the board team.
4. The elected body does not attempt to micro-manage.
5. While they may not like some of the decisions, people percieve the board as fair.
6. Staff provides a recommendation on every issue no matter how controversial.
7. The board has an overall vision for the community.
8. The chair keeps audience members informed of board issues and actions.
9. Our board gets things done.
10. There is agreement on who is ultimately responsible for putting items on and/or removing them
from the agenda.
11. Members feel free to critique each other's positions on issues.
12. The board works well as a team.
13. Our board does not engage in solution"reengineering" at meetings.
14. Board members avoid berating members of the audience; even if provoked.
15. The board conducts timely and meaningful evaluations of the manager's performance.
16. The board has developed its own mission or goal statement.
17. The chairperson prevents dominating board members from having a disproportionate influence.
18. The board does not get stalemated over the process or procedures.
19. The board does not spend too much time modifying or correcting the minutes at meetings.
20. Civilized disagreement is a board strength.
Exhibit B
21. Team members actively listen to each other.
22. Staff does not get overly involved in policy decisions.
23. Meaningful public participation is encouraged.
24. Staff does not filter the information it passess on to the board.
25. Members know what the board's top five goals are.
26. The chairperson protects board members from audience or colleague attacks.
27. The board made significant progress on its top goals last year.
28. Operating rules and procedures are known by all board members.
29. "Baggage"from one argument is not carried to the next.
30. While board members may have positions, minds are not made up before meetings.
31. Individual board members do not try to influence personnel decisions.
32. Board members keep the audience informed of each item, the issue, the background and
possible decisions.
33. Staff follows through as promised.
34. Day-to-day decisions are consistent with the board's overall goals.
35. The chairperson prevents premature rejection of new thoughts without a fair evaluation.
36. Board members do their homework before meetings.
37. The agenda packet is"user friendly".
38. Decisions are usually made only after each members has had his/her say.
39. Members are open with eachother.
40. Board members aduequately communicate goals and philosophies to staff.
41. Members of the audience do not feel intimitated when appearing before the board.
42. Openness and trust exists between the board and staff.
43. The board develops an annual work program with clear objectives.
44. The chairperson does not unfairly use the powers of the position to win a point or argument.
45. The board is not reluctant to make an important, yet controversial decision.
46. Staff provides all the significant alternatives in their staff reports.
47. Members know how to keep conflict from becoming destructive.
48. The board does not operate as an exclusive country club.
49. The board is not complacent about its oversight responsibilities.
Exhibit B
50. Board members take care to observe the appearance as well as the principle of impartiality.
51. The board and staff do not surprise each other at meetings.
52. Our priorities do not change too often.
53. In our meetings, the discussion rarely drifts off the subject.
54. The board is adept at identifying and exploiting opportunities.
CATEGORY POINTS
A 1A Supportive Framework 0
B lConflict Management Process 0
C JTeamwork 0 1
D Roles 0 1
E lCommunity Rapport 0 1
F IStaff Relationships 0 1
G JClear Sense of Purpose 0 1
H IChairperson Leadership 0 1
Productivity 0 1
TOTAL 0 1
Exhibit C
E3
YORBA LINDA WATER DISTRICT
Sample Conflict of Interest Declarations
Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the
Board's decision would have a material financial effect (as defined by the Fair Political Practices
Commission regulations) that is distinguishable from its effect on the public generally, on the official, a
member of his/her immediate family, or on any of the following:
• A business entity in which the Board member has a direct or indirect investment worth $2,000 or more;
• A business entity in which the Board member holds a position as a director, officer, partner, trustee,
employee, or holds any position of management;
• A source of income (except gifts or loans by a commercial lending institution made in the regular course
of business on terms available to the public without regard to official status), aggregating $500 or more
in value provided, promised to, or received by, the Board member within 12 months prior to the time a
decision is made;
• A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior
to the time a decision is made; and
• Real property in which the Board member has a direct or indirect interest worth $2,000 or more.
Below are some sample conflict of interest declarations as provided by the District's legal counsel:
1. Decision affects business entity in which a Director has an investment:
I declare that I have a conflict of interest on Agenda Item No. because I have an investment
in Name of Comoanv .
2. Decision affects business entity in which a Director holds a position:
I declare that I have a conflict of interest on Agenda Item No. because I hold a position at
Name of Comoanv , a business that Description of Business Activities
3. Decision affects a source of income/gift:
I declare that I have a conflict of interest on Agenda Item No. because I have received
income or a gift from Name of Source .
4. Decision affects real property in which the Director has a direct/indirect interest:
I declare that I have a conflict of interest on Agenda Item No. because I own real property,
located at Location which may be affected. NOTE: If subject property is the Director's
primary residence simply state that "the property is a residence".
5. Decision related to Closed Session agenda item:
I recuse myself from participating in Agenda Item No. due to a conflict of interest under
Government Code Section 87100.
Exhibit D
YORBA LINDA WATER DISTRICT
Directors Activity Report and Compensation Form
Name (Printed): NOTE: Rate is $150.00 per day.
Month:
For Admin
Use Only
Date Meeting Description Code Rate
Total Compensation Amount: $
Director's Signature: Date:
R=YLWD Regular BOD Mtg S=YLWD Special BOD Mtg I C=YLWD Committee Mtg 1 O= Other Mtg, Conference, or Event
Fax to 714-701-3028 or scan and e-mail to the Executive Assistant.
Page 1 of 2
YORBA LINDA WATER DISTRICT
El Travel Expense Reimbursement Form
Original itemized receipts and
Name: corresponding route maps must be attached.
Conference Name:
Destination/Location:
Purpose of Trip: _
Departure Date: Return Date:
Itemized Expenses
Travel Date 7 Expense Paid Expense Paid Total Business
By YLWD By Director Expenses
Breakfast 0.00
Lunch 0.00
Dinner 0.00
Airfare 0.00
Lodging 0.00
Cab/ Shuttle �_ 0.00
Auto Rental 0.00
Fuel / Oil _ 0.00
Parking / Toll 0.00
Mileage _ 0.00
Misc/ Tips 0.00
Conference Fee 0.00
Membership Fee 0.00
Total $ 0.00 0.00 0.00
Total Due Director: $0.00
1 hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items.
rn
Director's Signature: Date: X
s
Reviewer's Signature: Date: m
Page 2 of 2
YORBA LINDA WATER DISTRICT
El Travel Expense Reimbursement Form
Original itemized receipts and
Name: corresponding route maps must be attached.
Mileage Date Destination _ Miles 0.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total $ 0.00
Misc/ Tips Date Description Amount
I
Total $ 0.00 m
X
E
as
rn
YORBA LINDA WATER DISTRICT 10 I AL EXPENSES: $0.001
Meeting and Mileage Expense Reimbursement Form
Name:
Month: Current Rate=
Date Purpose Location Miles Meals Parking Other
I 1
I 2
I 3
I 4
I 5
I 6
I 7
I 8
I 9 _
I 10
I 11
I 12
I 13
I 14 _
I 15
I 16
I 17
I 18
I 19
I 20
I 21
I 22
I 23
I 24
I 25
I 26 _
I 27 _
I 28 _
I 29
I 30
I 31
Total Miles: 0
TOTALS: $0.00 $0.00 $0.00 $0.001
Director's Signature Date Original itemized receipts and corresponding
route maps must be attached. m
K
Reviewer's Signature Date
TI
Exhibit G
E3
YORBA LINDA WATER DISTRICT
Missing Receipt Affidavit Form
Please retain this form with the District's financial records in case of an audit.
Name (Printed):
I certify that I made the purchase shown below for District purposes but do not have a receipt because
(check all that apply):
Vendor did not provide a detailed receipt.
I had a receipt but cannot locate it.
I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided
in order to describe the items purchased.
Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice.
Vendor Name
City
Date of Purchase
Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount
Total Purchase Amount $
This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above
(and on the attached, if applicable) were purchased and received for District business.
Director's Signature: Date:
NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt.
Exhibit H
E3
YORBA LINDA WATER DISTRICT
Miscellaneous Gratuities Form
Please retain this form with the District's financial records in case of an audit.
Name (Printed):
Conference/Event Name:
The following gratuities were paid in cash and are directly related to my attendance at the above listed
conference/event:
Date Location Purpose Amount
Total Amount $
This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed
above (and on the attached, if applicable) were for District business.
Signature: Date:
Exhibit I
E3
YORBA LINDA WATER DISTRICT
Communications Expense Reimbursement Form
Director's Name (Printed):
The purpose of this form is to identify and provide proof of purchase and original itemized receipts for
the reimbursement of Director incurred expenses for obtaining electronic equipment and related items
in order to receive and access agendas and other District information distributed to the Board via
electronic means.
NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director's Form W-2 as taxable income.
Date Description Amount
Total Expenses: $
Less Paid by YLWD: $
Total Reimbursement Amount: $
1 agree that all expenses submitted on this form are for District purposes only. I also agree that it is my
responsibility to provide proof of purchase and original itemized receipts along with this completed form
to the Finance Manager or the General Manager within 30 days of purchase.
Director's Signature: Date:
Reviewer's Signature: Date:
Exhibit J
E3
YORBA LINDA WATER DISTRICT
Waiver of Written Notice of Special and Emergency Meetings
(Date)
Board of Directors
Yorba Linda Water District
PO Box 309
Yorba Linda CA 92885
Dear President and Fellow Board Members:
This letter is to serve as a written waiver of receiving written notice of special and
emergency meetings under the Brown Act during my absence from (Date) to
(Date)
Respectively Submitted,
, Director
Yorba Linda Water District
Cc: General Manager
Exhibit K
YORBA LINDA WATER DISTRICT
Guidelines for Parliamentary Procedure
SPECIAL MEETINGS FOR CLOSED SESSION ONLY
Chair Calls Meeting to Order
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Requests Public Comments (Limited to 3 minutes.)
Before Closed Session
Chair reads description of Closed Session(s)
Chair requests motion/second to adjourn to Closed Session.
Chair asks if all in favor.
After Closed Session
Chair reconvenes meeting in Open Session.
Chair, GM, or Legal Counsel reports any action taken during Closed Session if required.
Chair Adjourns Meeting
REGULAR MEETINGS
Chair Calls Meeting to Order
Chair Leads Pledge of Allegiance
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Asks GM if Additions / Deletions to Agenda
Addition requires 2/3 vote by roll call, or all Directors if only 3 present. Matter must have
come to District's attention subsequent to posting of agenda and requires immediate
action by the Board.
Introductions and Presentations
Reserved for staff introductions, special presentations, and comments from other
elected official liaisons.
Exhibit K
Chair Requests Public Comments (Limited to 3 minutes.)
Comments related to items on agenda are taken when item is considered.
Consent Calendar
Chair asks if Directors or public have any questions or comments on Consent Calendar.
If _, Chair asks for motion/second and requests roll call vote.
If YES, Chair indicates item does not need to be formally removed from Consent
Calendar.
Chair asks for public comments.
Board proceeds with questions or comments.
Following all comments, Chair asks for motion/second and requests roll call vote.
If YES and Director or public requests removal of item(s) from Consent Calendar,
Chair indicates item(s) will be removed from Consent Calendar and considered
separately.
Chair asks for public comments on items remaining on Consent Calendar.
Following comments, Chair asks for motion/second and requests roll call vote.
Items Removed From Consent Calendar
(See Action Calendar)
Action Calendar
Chair reads item description.
GM requests staff to provide report.
Chair opens floor to public comments.
Board proceeds with discussion of item.
Following discussion, Chair asks for motion/second. Chair restates motion and
requests roll call vote.
MAIN MOTION PROCESS
Director makes clearly worded motion to take action (e.g. "I move to..."). Motion must be
seconded. If no further discussion, Chair requests roll call vote. If additional discussion
occurs, Chair restates motion prior to requesting roll call vote.
Appendix 1
ORDINANCE NO. 03-01
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SETTING COMPENSATION FOR MEMBERS
OF THE BOARD OF DIRECTORS
WHEREAS, The Yorba Linda Water District is organized and operates under authority of the
County Water District Act, Division 12, commencing with Section 30,000 of the
California Water Code; and
WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200,
which includes the Yorba Linda Water District,to increase compensation of
members of the Board of Directors in an amount in excess of$100 per day for
each day's attendance at Board meetings or each day's service as a Director at
the Board's request, not to exceed ten day's per calendar month; and,
WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to
five percent for each calendar year following the operative date of the last
adjustment; and
WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in
February, 1991 set the daily compensation under Water Code Section 30507 at
$125 for Board and Board Committee meetings and $50 for other service
rendered at the request of the Board; and
WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public
hearing upon notice pursuant to Government Code Section 6066 as required by
Water Code Section 20203.
NOW THEREFORE,the Board of Directors of the Yorba Linda Water District does hereby
find, declare, order and ordain as follows:
Section 1. The matters set forth in the recitals of this Ordinance are true and correct.
Section 2. Upon and after the effective date of this Ordinance, compensation for members
of the Board of Directors of the Yorba Linda Water District shall be $150 per
day for each day's attendance at meetings of the Board of Directors and other
meetings attended at the request of the Board of Directors. Compensation for
any type of service shall not exceed ten (10) days in any calendar month.
Members of the Board of Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of each
Director's duties required or authorized by the Board of Directors.
Appendix 1
Section 3. This Ordinance shall become effective sixty(60) days after its adoption.
PASSED AND ADOPTED this 23rd day of January, 2003 by the following called vote:
AYES: Beverage, Mills, Summerfield
NOES: Armstrong
ABSENT: Korn
ABSTAIN:
6?resident W. ummerh ld, , l
JEST
son,
Secretary
ITEM NO. 8.3
AGENDA REPORT
Meeting Date: March 27, 2018
To:Board of Directors
From:Marc Marcantonio, General
Manager
Prepared By:Brett R. Barbre, Asst General
Manager
Subject:Nominations for OC LAFCO Regular and Alternate Special District Member
Seats
STAFF RECOMMENDATION:
That the Board of Directors consider nominating candidate(s) for election to OC LAFCO's Regular
and Alternate Special District Member Seats and designate two Directors to serve as the primary
and alternate voting representatives in the associated election.
DISCUSSION:
The term of office for the Orange County Local Agency Formation Commission (OC LAFCO)
Regular Special District Member seat (currently held by Commissioner John Withers, Director,
Irvine Ranch Water District) and the Alternate Special District Member seat (currently held by Jim
Fisler, Director, Mesa Water District) will expire on June 30, 2018. The election process for special
district seats is governed by Section 56332 of the CA Government Code and the bylaws of the
Independent Special Districts Selection Committee.
In 2011, the Special Districts Selection Committee approved a mail-in ballot election process for OC
LAFCO Special District seats. As such, the Board is being requested to designate two Directors to
serve as the primary and alternate voting representatives in the upcoming election.
The attached declaration form must be returned no later than Monday, April 9, 2018 at 3:00 p.m.
OC LAFCO will distribute election ballots and any supplemental candidate information to each
special district electronically on April 17, 2018. Only the designated voting representatives may
vote for a candidate and only one ballot for each agency will be accepted. Ballots will be due no
later than May 25, 2018 at 3:00 p.m. Election results will be announced on or before May 31, 2018.
Additionally, the Board has the option to nominate a Director to serve as a candidate for this seat in
the upcoming election. Should the Board desire to do so, the attached nomination form must be
completed and returned no later than Monday, April 9, 2018 at 3:00 p.m. Candidate resumes or
other supplemental information may also be included and will be distributed with the election ballots.
The District has received a request for nomination and support from Doug Davert, Director, East
Orange County Water District for the Regular Seat, and from Jim Fisler, Director, Mesa Water
District, for the Alternate Seat. Information regarding their candidacies are also attached.
ATTACHMENTS:
Name:Description:Type:
OC_LAFCO_Nomination_Form.pdf Backup Material Backup Material
Davert_Bio.pdf Backup Material Backup Material
Fisler_Bio.pdf Backup Material Backup Material
Local Agency Formation Commission
Orange County
2677 North Main Street, Suite 1050, Santa Ana, CA 92705
(714) 640-5100 FAX (714) 640-5139
http://www.oclafco.org
CHAIR
Derek J. McGregor
Representative of
General Public
VICE CHAIR
Cheryl Brothers
Councilmember
City of Fountain Valley
Lisa Bartlett
Supervisor
5th District
Doc Allan Bernstein
Councilmember
City of Tustin
Todd Spitzer
Supervisor
3rd District
Charley Wilson
Director
Santa Margarita Water District
John Withers
Director
Irvine Ranch Water District
ALTERNATE
Wendy Bucknum
Councilmember
City of Mission Viejo
ALTERNATE
James Fisler
Director
Mesa Water District
ALTERNATE
Lou Penrose
Representative of
General Public
ALTERNATE
Michelle Steel
Supervisor
2nd District
Carolyn Emery
Executive Officer
March 5, 2018
TO: Independent Special Districts Presiding Officers
FROM: Carolyn Emery, Executive Officer
SUBJECT: Nomination Process for OC LAFCO Regular and
Alternate Special District Member Seats
The terms of office for one of the OC LAFCO Regular Special District
Members and the Alternate Special District Member seats expire on
June 30, 2018. These two seats are currently held by John Withers, Board
Member of Irvine Ranch Water District and James Fisler, Director of
Mesa Water District, respectively. The appointment process for special
district seats is governed by Government Code Section 56332 and the
Independent Special District Selection Committee By-Laws. In
accordance with the Committee’s bylaws, attached to this notification
you will find the following:
(1) The “Declaration of Qualification to Vote Form” for designating
the voting member (and alternate voting member) of your district,
who is authorized to vote in the appointment process. This form
must be returned to OC LAFCO no later than 3 PM on Monday,
April 9, 2018. Please note that if OC LAFCO does not receive the
form by that date, your district will be ineligible to vote.
(2) The “2018 Nomination Form” for submitting candidate names for
the Regular and Alternate Special District seat appointment. If your
district is nominating a candidate for the OC LAFCO Regular
and/or Alternate Special District Member seat, the form(s) must be
filled out completely and returned to OC LAFCO no later than 3 PM
on Monday, April 9, 2018. Candidate resumes, or other
supplemental information may also be included and will be
distributed with the ballots.
Both forms may be returned to OC LAFCO by any of the following:
Email: ccarter-benjamin@oclafco.org
Attn: Carolyn Emery, Executive Officer
Orange County LAFCO Special District Regular and Alternate Seat Appointments
March 5, 2018
Page 2 of 3
Mail: Orange County LAFCO
2677 North Main Street, Suite 1050
Santa Ana, CA 92705
Attn: Carolyn Emery, Executive Officer
FAX: (714) 640-5139
Attn: Carolyn Emery, Executive Officer
For your reference a timeline of key dates for the appointment process is below:
Should you have any questions regarding the appointment process, please contact me or
our Commission Clerk, Cheryl-Carter Benjamin at (714) 640-5100.
Sincerely,
Carolyn Emery
Executive Officer
Appointment Process for
OC LAFCO Regular and Alternate Special District Member Seats
DATE EVENT
March 5, 2018
OC LAFCO Executive Officer emails notification letters
with nomination forms and Declaration of Qualification
to Vote to independent special district presiding officers,
special district general managers, and OC LAFCO chair.
April 9, 2018 (3 PM)
Deadline for submitting nominations and Declaration of
Qualification to Vote for regular and alternate special
district member to OC LAFCO by 3:00 p.m.*
April 9 - 16, 2018 OC LAFCO develops ballot form.
April 17, 2018 Ballots emailed to all special district presiding
officers/designees.
May 25, 2018 (3 PM) Ballots due to OC LAFCO by 3:00 p.m.
May 31, 2018 OC LAFCO staff (or designee) tabulates ballots and
announces results.
July 11, 2018 Oath of office administered (Commission Hearing).
* Pursuant to Government Code §56332 (c)(1), if only one candidate is nominated for a
vacant seat, that candidate shall be deemed selected, with no further proceedings.
Orange County LAFCO Special District Regular and Alternate Seat Appointments
March 5, 2018
Page 3 of 3
Attachments:
A. Declaration of Qualification to Vote
B. 2018 Nomination Forms – Regular and Alternate Special District Member
cc: Special District General Managers
Special District Board Clerks
OC LAFCO Chair
OECLARAT/ON OF QUAL/F/CAT/ON TO VOTE
A/ ((VV��dPP_rh od. Presidio({ Officer
Yorba Linda Water District
77>7 E. Mira/oma Avenue
P/acentia. CA 92870-6785
anederhoodCa7 Nwd.com
I, .* hereby attest that
**has been authorized by the Board of
to vote in the Orange County Special
District Selection Committee election (regular and alternate
member).
The Board also designated ***as the alternate
voting member.
Name and Title*:
Signature*:
Date:
*Must be signed by either Soard President or Board Secretary
"' Must be a member of the Board
"`Must be a member of the Board
Com oleted forms must be received by OC LAFCO orior to 3 PM. Monday. Aoril 9.
20'18. Forms must be delivered to OC LAFCO bv=
(1) Email at cem erv(7ocl afco_orf� or
(2) Mail at: Orange County IAFCb
2677 North Main Street,Suite 1050
Santa Ana,CA 92705
Attn: Carolyn Emery, or
(3) FAX at: (714) 640-5139,Attn: Carolyn Emery
2018 NOMINATION FORM
Candidate for the Orange County Local Ag¢ncy Formation Commission(OCLAFCO)
CANDIDATE INFORMATION FOR REGULAR SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
0 Check box if resume or statement of qualifications is attached.
SPECTs T.DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION
(Mast be the presiding officer or a designated o[ternate board member.)
NAME: DATE:
SIGNATURE:
TITLE:
DISTRICT:
A resume or other supplemental information about the candidate may be included and will be
distributed with the election ballots. All completed nomination forms and any supplemental
information must be returned to Orange County LAFCO by:
1. Email at: cemervla7oclafco_or¢or
2. Mail at: Orange County LAFCO
2677 Nort}a Main Street, Suite 1050
Santa Ana, CA 92705; or
3. Fax at: (714)640-5139,Attn: Carolyn Emery
A[[forms and supp[ementa[information mast be rece[ved by OC LAFCO arior to 3:00 p.m on
Monday,Aprf[9,2018 Nomination forms or candid¢te it{formation received after that deod[me
wi[[not be considered
2018 NOMINATION FORM
Candidat¢for the Orange County Local Agency Formation Commission(OCLAFCO)
CANDIDATE INFORMATION FOR ALTERNATE SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
0 Check box if resume or statement of qualifications is attached.
SPECIAI.DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION
(Must be the presiding ojllcer or a designated alternate board member.)
NAME: DATE:
SIGNATURE:
TITLE:
DISTRICT:
A resume or other supplemental information about the candidate may be included and will be
distributed with the election ballots. All completed nomination forms and any supplemental
information must be returned to Orange County LAFCO by:
1. Email at: cemerv(a7.oclafco.or or
2. Mail at: Orange County LA�CO
2677 North Main Street, Suite 1050
Santa Ana, CA 92705; or
3. Fax at: (714) 640-5139,Atte: Carolyn Emery
Alljormr and supplemental injormatlon must be r¢ceived by OC L.4FC0 ortor to 3r00 p.m. on
Monday,April 9,2028.Nomination Dorms or candidate mjormation received after that deadline
will not be considered
DOUG DAVERT
Candidate for Special District seat at OC LAFCO
• President, East Orange County Water District (current; board member since 2012)
• ISDOC Secretary and Member of Executive Committee (current; since 2017)
• Past Chairman, Orange County Sanitation District (2008-10; board member 2004-10)
• Past Chairman, Orange County Fire Authority (2009; board member 2006-10)
• Former Mayor (2006; 2009) and Councilmember (2002-10) City of Tustin
• Former Trustee, Orange County Mosquito and Vector Control District (2003-05)
• Recognized by California Special District Association (CSDA) as a Board President of the
Year (2008) for service at Orange County Sanitation District
• Recognized by Orange County Sanitation District "Honor Walk" for service to the
organization as Board Chairman (2011)
• Successful LAFCO applicant/participant in annexation/consolidation/transfer of 17,000+
local sewers in Sewer Area 7 from the Orange County Sanitation District to the East
Orange County Water District.
I am a married father of two teenage daughters. My wife and I grew up in Tustin and our
children attend the same schools we did. I have been a practicing attorney since 1992 and have
an "AV-Preeminent' rating which is the highest rating for an attorney from the Martindale-
Hubbell rating agency. My practice is primarily focused on business matters. I do not represent
public agencies. I do not represent clients with matters pending before public agencies. I do
not have any conflicts-of-interest or other external influences that would affect my judgment as
a LAFCO commissioner.
I do not support forced or involuntary consolidations or dissolutions of special districts except
in the most extreme cases (insolvency/abandonment). I believe in local control. I believe local
communities know what is best for their residents, businesses and ratepayers. I also believe
that cooperative and voluntary applications to LAFCO should be supported with the least
resistance and interference.
Re-Elect James R. Fisler to OC LAFCO
James R. Fisler — Director, Mesa Water District
With a passion for public policy and public service, James
(Jim) R. Fisler would be honored to receive your vote to
continue serving you as Alternate Commissioner
representing Orange County's Special Districts. First elected
to this position in 2011, Director Fisler was re-elected in
2014 and has been your advocate at OC LAFCO for the past
7 years.
Director Fisler is committed to representing the mutual
interests of Orange County's water, wastewater, sanitary,
cemetery, vector control, library, recreation and parks, and
other districts that provide specialized services within their
communities.
Appointed to the Mesa Water District Board of Directors in August 2009, Director Fisler was elected in
2010 and re-elected in 2012 and 2016. He served as Mesa Water's Board President from 2012-2014.
Since 2014, Director Fisler has served as 2nd Vice President, Vt Vice President and currently as
President of the Independent Special Districts of Orange County (ISDOC) where he has been a
strong leader and voice for Special Districts. Director Fisler is honored and grateful to have been
elected by the Special Districts as your representative at both OC LAFCO and ISDOC.
Additionally, Director Fisler is serving as a member of the Local Government Committee of the
Association of California Water Agencies (ACWA). He is also on the Costa Mesa Chamber of
Commerce Board of Directors, and serves as Chairman for the City of Costa Mesa's Finance and
Pension Advisory Committee. Recently, the Orange County Board of Supervisors appointed him as a
Commissioner for the County of Orange Housing and Community Development Commission.
Currently for Mesa Water®, Director Fisler is Chairman of the District's Legislative & Public Affairs
Committee, Chairman of the Engineering & Operations Committee, and he serves as an Alternate on
Mesa Water's Finance Committee. He also serves as President of the Mesa Water District
Improvement Corporation, a California nonprofit public benefit corporation formed to assist Mesa
Water in financing certain improvements to the District's water system.
Previously, Director Fisler served as a Board member of the Friends of the Costa Mesa Libraries and
of the Costa Mesa Senior Center. He also served as Vice Chair of the City of Costa Mesa's Planning
Commission and as a Parks and Recreation Commissioner for the City. Additionally, he was a
member of the City of Costa Mesa's Residential Rehabilitation and Redevelopment Committee for
more than a decade. He also volunteered in the City's Neighbors for Neighbors program for over 10
years and is a graduate of the Costa Mesa Citizens Police Academy.
Director Fisler is a Real Estate Broker and Mortgage Loan Originator and worked as a regional
manager for Nordstrom for more than 12 years. These positions have equipped him with the
necessary skills to provide outstanding customer service in advocating for your interests in alignment
with the shared interests of Orange County's Special Districts and those we serve.
Please consider voting for Director Fisler as your OC LAFCO representative.
ITEM NO. 9.1
AGENDA REPORT
Meeting Date: March 27, 2018
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Prepared By:Saira Hernandez, Accountant
Subject:Budget to Actual Reports for the Month Ending February 28, 2018
DISCUSSION:
For the month ending February 28, 2018, staff is presenting Budget to Actual reports for the District
as a whole, as well as the individual water and sewer funds.
Cumulative Volumetric Water Revenue, as reported through the month ending February 28, 2018,
reflects an average increase of 19.72% as compared to the prior year for the same reporting
period. Residential classified customer connections continue to experience the largest increase in
consumption of 26.65% as compared to reported results from the prior year.
Total Variable Costs results reflect a 24.70% increase when compared to prior year for the same
reporting period. The increase in costs is reflective of the increase in water demand which is
14.70% ahead of projected budget. While Supplies & Services within the Water Department have
decreased by 4.24%, as to the prior year.
STRATEGIC PLAN:
FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a
Timely and Transparent Manner to the Board of Directors and Member Agencies
ATTACHMENTS:
Name:Description:Type:
Budget_to_Actual_Rpt_Feb_18.pdf Backup Material Backup Material
FY18 Annual
Budget
YTD Actuals thru
February 2018
YTD % of
Budget
Water Revenue (Residential)14,278,688$ 11,127,795$ 77.93%
Water Revenue (Commercial & Fire Det.)2,071,031$ 1,324,132$ 63.94%
Water Revenue (Landscape/Irrigation)3,079,054$ 2,864,268$ 93.02%
Service Charges 10,106,238$ 6,666,179$ 65.96%
Other Operating Revenue 769,106$ 511,126$ 66.46%
Total Operating Revenue 30,304,117$ 22,493,500$ 74.23%
Revenue (Non-Operating):
Interest 275,000$ 270,817$ 98.48%
Property Taxes 1,710,000$ 1,066,417$ 62.36%
Other Non-Operating Revenue 604,646$ 236,722$ 39.15%
Total Non-Operating Revenue 2,589,646$ 1,573,956$ 60.78%
Total Revenue 32,893,763$ 24,067,456$ 73.17%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)
Water-Related Costs 11,240,088$ 9,017,656$ 80.23%
Fixed Costs 1,443,355$ 568,704$ 39.40%
Power-Related Costs 1,285,413$ 699,946$ 54.45%
Variable Water Costs Related Expenses Total 13,968,855$ 10,286,306$ 73.64%
Salary Related Expenses 8,859,867$ 5,640,936$ 63.67%
PARS Contribution(s)-$ 230,267$ 0.00%
Reduction for Capital Project Labor (215,000)$ (144,874)$ 67.38%
Salary Related Expenses Total 8,644,867$ 5,726,329$ 66.24%
Supplies & Services
Communications 189,565$ 80,536$ 42.48%
Contractual Services 519,653$ 271,077$ 52.17%
Data Processing 235,322$ 122,883$ 52.22%
Dues & Memberships 80,492$ 76,581$ 95.14%
Fees & Permits 264,641$ 166,669$ 62.98%
Insurance 263,506$ 165,157$ 62.68%
Materials 797,347$ 495,457$ 62.14%
District Activities, Emp Recognition 22,506$ 11,737$ 52.15%
Maintenance 339,342$ 243,521$ 71.76%
Non-Capital Equipment 104,678$ 84,194$ 80.43%
Office Expense 39,662$ 21,582$ 54.41%
Professional Services 650,108$ 395,168$ 60.78%
Training 61,728$ 18,737$ 30.35%
Travel & Conferences 102,493$ 34,742$ 33.90%
Uncollectible Accounts 17,205$ 1,493$ 8.68%
Utilities 158,100$ 119,071$ 75.31%
Vehicle Expenses 286,812$ 166,155$ 57.93%
Supplies & Services Sub-Total 4,133,160$ 2,474,760$ 59.88%
Total Operating Expenses 26,746,883$ 18,487,394$ 69.12%
Expenses (Non-Operating)
Other Expense 15,220$ (105,238)$ -691.45%
Total Non-Operating Expenses 15,220$ (105,238)$ -691.45%
Total Expenses 26,762,103$ 18,382,156$ 68.69%
Net Revenues 6,131,661$ 5,685,299$ 92.72%
Less: Debt Service (Principal & Interest)2,729,799$ 1,919,271$ 70.31%
Less: Committed Capital Expenditures (PayGo)2,635,755$ 1,388,037$ 52.66%
Less: Special Item - Conservation Credit 1,105,809$ 0.00%
Less: Special Item - Rate Credit -$ 1,100,038$ 0.00%
Transfer to/(from) Reserves 766,107$ 172,145$ 22.47%
Net -$ -$
Yorba Linda Water District
Water Enterprise
FY18 ProForma - Use of Funds
February 2018
1
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending February 28, 2018
Annual YTD Feb YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over Feb. Actual Actual (thru vs vs
FY18 FY18 FY18 FY18 YTD Budget FY17 Feb. 2017)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$14,278,688 $9,476,765 1,221,990 11,127,795 1,651,030 $683,716 $8,786,233 $2,341,562 26.65%
Water Revenue (Commercial & Fire Det.)2,071,031 1,374,543 143,423 1,324,132 (50,411)124,585 1,226,845 97,288 7.93%
Water Revenue (Landscape/Irrigation)3,079,054 2,043,568 242,133 2,864,268 820,699 40,470 2,299,123 565,145 24.58%
Water Revenue (Service Charge)10,106,238 6,737,492 833,777 6,666,179 (71,313)829,451 6,796,620 (130,441)-1.92%
Sewer Charge Revenue 2,032,245 1,354,830 170,324 1,366,833 12,003 154,388 1,249,030 117,803 9.43%
Locke Ranch Assessments 223,000 148,005 - 166,889 18,884 0 123,421 43,468 0.00%
Other Operating Revenue 866,161 577,441 77,264 559,509 (17,932)42,983 587,508 (28,000)-4.77%
Total Operating Revenue:32,656,417 21,712,644 2,688,911 24,075,604 2,362,960 1,875,593 21,068,780 3,006,824 14.27%
Revenue (Non-Operating):
Interest 310,000 206,667 32,785 306,565 99,898 23,295 211,081 95,484 45.24%
Property Tax 1,710,000 1,134,927 3,247 1,066,417 (68,510) 8,401 961,741 104,677 0.00%
Other Non-Operating Revenue 624,521 416,347 10,051 215,801 (200,546)70,039 311,321 (95,520)-30.68%
Total Non-Operating Revenue:2,644,521 1,757,941 46,083 1,588,783 (169,157)101,735 1,484,143 104,640 7.05%
Total Revenue 35,300,938 23,470,585 2,734,994 25,664,387 2,193,802 1,977,328 22,552,923 3,111,464 13.80%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)13,968,855 9,272,008 1,019,271 10,286,305 1,014,297 471,648 8,248,873 2,037,433 24.70%
Salary Related Expenses 9,643,124 6,667,448 716,366 6,421,514 (245,934)619,095 5,945,253 476,261 8.01%
Supplies & Services 4,621,895 2,784,763 343,585 2,738,399 (46,364)361,777 2,873,761 (135,362) -4.71%
Total Operating Expenses 28,233,874 18,724,219 2,079,222 19,446,218 721,999 1,452,520 17,067,886 2,378,332 13.93%
Expenses (Non-Operating):
Interest on Long Term Debt 1,489,796 814,359 115,401 910,548 96,189 130,618 1,076,970 (166,422) -15.45%
Other Expense 15,220 2,647 (91,863) (107,353) (110,000)9,041 21,002 (128,355) -611.16%
Total Non-Operating Expenses:1,505,016 817,006 23,538 803,195 (13,811) 139,659 1,097,972 (294,778) -26.85%
Total Expenses 29,738,890 19,541,225 2,102,760 20,249,413 708,188 1,592,179 18,165,859 2,083,554 11.47%
Net Position Before Capital Contributions 5,562,048 3,929,360 632,233 5,414,974 1,485,615 385,149 4,387,065 1,027,910 23.43%
Special Item - 2,205,847 2,205,847 - - 2,205,847 0.00%
Capital Contributions (Non-Cash Transaction -- - 853,412 3,446,340 3,446,340 189,696 997,970 2,448,371 0.00%
GASB 34 Compliant)
Net Position Before Depreciation 5,562,048 3,929,360 1,485,645 6,655,468 2,726,108 574,845 5,385,034 1,270,434 23.59%
Depreciation & Amortization 7,182,000 4,788,000 622,418 4,955,228 167,228 595,620 4,752,933 202,295 4.26%
Total Net Position ($1,619,952)($858,640)863,227 1,700,240 $2,558,880 ($20,775)$632,101 $1,068,139 168.98%
(19,519) (176,406) (176,406) (17,393)154,432 (330,838) -214.23%
(With February 28, 2017 for comparison purposes)
2
Annual YTD Feb YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Feb. Actual Actual (thru vs vs
FY18 FY18 FY18 FY18 YTD Budget FY17 Feb 2017) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$14,278,688 $9,476,765 1,221,990 11,127,795 1,651,030$ $683,716 $8,786,233 $2,341,563 26.65%
Water Revenue (Commercial & Fire Det.)2,071,031 $1,374,543 143,423 1,324,132 (50,411) 124,585 1,226,845 97,287 7.93%
Water Revenue (Landscape/Irrigation)3,079,054 $2,043,568 242,133 2,864,268 820,699 40,470 2,299,123 565,145 24.58%
Water Revenue (Service Charge)10,106,238 6,737,492 833,777 6,666,179 (71,313) 829,451 6,796,620 (130,441) -1.92%
Other Operating Revenue 769,106 512,737 57,725 511,126 (1,611) 37,604 519,308 (8,182) -1.58%
Total Operating Revenue:30,304,117 20,145,106 2,499,048 22,493,500 2,348,394 1,715,826 19,628,129 2,865,371 14.60%
Revenue (Non-Operating):
Interest 275,000 183,333 29,920 270,817 87,484 21,207 190,094 80,724 42.47%
Property Tax 1,710,000 1,134,927 3,247 1,066,417 (68,510) 8,401 961,741 104,675 10.88%
Other Non-Operating Revenue 604,646 403,097 14,397 236,722 (166,375) 67,896 256,932 (20,210) -7.87%
Total Non-Operating Revenue:2,589,646 1,721,358 47,564 1,573,956 (147,401.77) 97,504 1,408,767 165,189 11.73%
Total Revenue 32,893,763 21,866,464 2,546,612 24,067,455 2,200,992 1,813,330 21,036,896 3,030,560 14.41%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)13,968,855 9,272,009 1,019,271 10,286,305 1,014,296 471,648 8,248,872 2,037,433 24.70%
Salary Related Expenses 8,644,867 5,989,379 636,310 5,726,329 (263,049) 552,036 5,303,517 422,812 7.97%
Supplies & Services:
Communications 189,565 86,377 4,564 80,536 (5,841) 6,952 113,719 (33,183) -29.18%
Contractual Services 499,653 273,102 40,553 271,077 (2,025) 35,319 282,560 (11,483) -4.06%
Data Processing 235,322 131,881 11,738 122,883 (8,998) 38,541 159,092 (36,209) -22.76%
Dues & Memberships 80,492 79,661 4,372 76,581 (3,080) 1,251 74,620 1,961 2.63%
Fees & Permits 264,641 176,427 13,701 166,669 (9,758) 9,680 119,240 47,429 39.78%
Board Election - - - - - - 120,873 (120,873) -100.00%
Insurance 263,506 168,171 21,191 165,157 (3,013) 19,831 159,845 5,312 3.32%
Materials 797,347 501,565 58,647 495,457 (6,107) 70,539 583,897 (88,439) -15.15%
District Activities, Emp Recognition 27,506 18,337 1,177 11,737 (6,601) 646 5,852 5,885 100.58%
Maintenance 339,342 226,228 7,212 243,521 17,293 38,443 225,689 17,832 7.90%
Non-Capital Equipment 114,678 84,952 12,887 84,194 (758) 8,659 83,088 1,105 1.33%
Office Expense 39,662 26,441 1,398 21,582 (4,859) 4,052 22,130 (548) -2.48%
Professional Services 650,108 396,405 90,459 395,168 (1,238) 62,492 305,683 89,485 29.27%
Training 61,728 21,152 4,887 18,737 (2,415) 7,872 31,418 (12,681) -40.36%
Travel & Conferences 107,493 35,662 5,867 34,742 (920) 551 23,693 11,049 46.63%
Uncollectible Accounts 17,205 2,970 362 1,493 (1,477) (130) 7,194 (5,701) -79.25%
Utilities 158,100 115,400 20,085 119,071 3,671 11,369 86,592 32,478 37.51%
Vehicle Equipment 286,812 170,708 9,222 166,155 (4,553) 12,696 179,085 (12,930) -7.22%
Supplies & Services Sub-Total 4,133,160 2,515,440 308,322 2,474,760 (40,680) 328,763 2,584,270 (109,510) -4.24%
Total Operating Expenses 26,746,883 17,776,827 1,963,903 18,487,394 710,567 1,352,447 16,136,659 2,350,735 14.57%
Expenses (Non-Operating):
Interest on Long Term Debt 1,489,796 814,359 115,401 910,548 96,189 130,618 1,076,970 (166,422) -15.45%
Other Expense 15,220 2,647 (85,906) (105,238) (107,885) 9,041 23,744 (128,982) -543.22%
Total Non-Operating Expenses:1,505,016 817,005 29,495 805,310 (11,696) 139,659 1,100,714 (295,405) -26.84%
Total Expenses 28,251,899 18,593,833 1,993,398 19,292,704 698,871 1,492,107 17,237,373 2,055,331 11.92%
Net Position Before Capital Contributions 4,641,864 3,272,631 553,214 4,774,752 1,502,120 321,223 3,799,523 975,229 25.67%
Special Item - - 2,205,847 2,205,847 - 2,205,847 0.00%
Capital Contributions (Non-Cash Transaction -- - 422,985 1,847,505 1,847,505 94,990 562,700 1,284,805 228.33%
GASB 34 Compliant)
Net Position Before Depreciation 4,641,864 3,272,631 976,199 4,416,410 1,143,778 416,214 4,362,223 54,187 1.24%
Depreciation & Amortization 5,832,000 3,888,000 508,280 4,046,996 158,996 484,212 3,863,742 183,254 4.74%
Total Net Position (1,190,136) (615,369) 467,919 369,414 984,783 (67,998) 498,481 (129,067) -25.89%
Capital - Direct Labor (17,195) (162,069) (162,069) (16,690)(142,988)(19,081) 13.34%
(With February 28, 2017 for comparison purposes)
Yorba Linda Water District
Water Fund
For Period Ending February 28, 2018
3
Annual YTD Feb YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Feb. Actual Actual (thru vs vs
FY18 FY18 FY18 FY18 YTD Budget FY17 Feb 2017)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,032,245 $1,354,830 170,324$ 1,366,832$ $12,002 $154,388 $1,249,030 $117,802 9.43%
Locke Ranch Assessments 223,000 148,005 - 166,889 18,884 - 123,421 43,468 0.00%
Other Operating Revenue 97,055 64,703 19,539 48,382 (16,321)5,379 68,200 (19,818) -29.06%
Total Operating Revenue:2,352,300 1,567,538 189,863 1,582,103 14,565 159,767 1,440,651 141,452 9.82%
Revenue (Non-Operating):
Interest 35,000 23,333 2,865 35,747 12,414 2,087 20,987 14,760 70.33%
Other Non-Operating Revenue 19,875 13,250 (4,346) (20,920) (34,170)2,143 54,390 (75,310)-138.46%
Total Non-Operating Revenue:54,875 36,583 (1,481) 14,827 (21,756)4,230 75,377 (60,550) -80.33%
Total Revenue 2,407,174 1,604,121 188,382 1,596,930 (7,191)163,997 1,516,028 80,902 5.34%
Expenses (Operating):
Salary Related Expenses 998,257 678,069 80,056 695,184 17,114 67,059 641,736 53,447 8.33%
Supplies & Services:
Communications 12,010 8,007 344 4,302 (3,704)523 6,095 (1,792)-29.41%
Contractual Services 28,237 18,825 3,038 20,325 1,501 2,671 20,505 (180)-0.88%
Data Processing 15,078 10,052 884 9,249 (803)2,901 12,102 (2,853)-23.57%
Dues & Memberships 6,053 4,035 329 5,764 1,729 94 5,617 148 2.63%
Fees & Permits 17,474 11,649 967 7,836 (3,813)610 8,584 (747)-8.71%
Board Election - - - - - 9,098 (9,098)-100.00%
Insurance 19,834 13,223 1,595 12,431 (791)1,493 12,031 400 3.33%
Materials 51,653 31,935 9,844 32,125 189 791 21,072 11,053 52.45%
District Activities, Emp Recognition 1,694 1,129 89 880 (249)49 441 440 99.80%
Maintenance 170,559 68,706 543 60,551 (8,156)10,860 107,436 (46,886)-43.64%
Non-Capital Equipment 20,147 13,431 4,234 16,921 3,490 1,384 10,740 6,181 57.55%
Office Expense 2,963 1,975 105 1,593 (382)311 1,666 (72)-4.35%
Professional Services 40,417 21,445 6,760 20,902 (543)3,261 13,866 7,035 50.74%
Training 6,782 4,521 1,457 4,271 (250)586 3,183 1,088 34.18%
Travel & Conferences 12,752 5,001 324 2,870 (2,131)43 1,649 1,221 74.06%
Uncollectible Accounts 1,295 863 23 201 (662)(28) 1,248 (1,047)-83.87%
Utilities 12,600 8,400 1,578 9,421 1,022 914 6,840 2,582 37.75%
Vehicle Equipment 69,188 46,125 3,148 53,994 7,869 6,549 47,319 6,674 14.10%
Supplies & Services Sub-Total 488,735 269,323 35,262 263,638 (5,685) 33,013 289,491 (25,853) -8.93%
Total Operating Expenses 1,486,991 947,392 115,318 958,822 11,430 100,072 931,228 27,594 2.96%
Expenses (Non-Operating):
Interest Expense - - - - - - - - -
Other Expense - - (5,956) (2,116) (2,116) - (2,742) 626 -
Total Non-Operating Expenses:- - (5,956) (2,116) (2,116) - (2,742) 626 0.00%
Total Expenses 1,486,991 947,392 109,362 956,706 9,314 100,072 928,486 28,220 3.04%
Net Position Before Capital Contributions 920,183 656,729 79,020 640,224 (16,505)63,925 587,543 52,682 8.97%
Capital Contributions (Non-Cash Transaction -- - 430,427 1,598,836 1,598,836 94,706 435,270 1,163,567 267.32%
GASB 34 Compliant)
Net Position Before Depreciation 920,183 656,729 509,447 2,239,060 1,582,331 158,631 1,022,812 1,216,248 118.91%
Depreciation & Amortization 1,350,000 900,000 114,138 908,232 8,232 111,407 889,191 19,041 2.14%
Total Net Position (429,817) (243,271) 395,309 1,330,828 1,574,099 47,224 133,621 1,197,207 895.98%
Capital - Direct Labor (2,324) (14,337)(14,337) 703 11,444 (25,781)-225.28%
Yorba Linda Water District
Sewer Fund
For Period Ending February 28, 2018
(With February 28, 2017 for comparison purposes)
4
$2,468,547 $2,875,249 $3,323,300
$6,342,942 $6,796,620 $6,666,179$1,306,911 $1,372,271 $1,330,770
$1,143,510 $1,226,847 $1,324,132
$2,882,508
$3,222,426 $2,987,546
$1,796,712
$2,299,123 $2,864,268
$11,365,541
$12,264,948 $11,440,546 $8,251,551
$9,430,168
$11,127,795
$18,023,507
$19,734,894 $19,082,162
$17,534,715
$19,752,758
11.29%increase
compared to FY17
$21,982,373
0
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
FY13 FY14 FY15 FY16 FY17 FY18
Water Revenue Comparison by Fiscal Year
Water Revenue (Service Charge) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Water Revenue (Residential)Total
5
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY
55,561 58,238 56,992
51,254
63,184
80,884
61,537
66,195
54,463
48,708
49,885
59,881
44,179
63,789 58,343
52,187
41,197
49,277
32,674 29,725
42,840
38,242
40,920
48,163
119,268 136,162 131,653
80,846
154,590
207,053
121,214
178,617
142,649
76,382
123,019
138,015
75,302
143,525 147,368
98,164
62,133
100,928
35,714
17,947
88,221
39,778
15,732
92,152
CONSUMPTION BY UNITS CCF
Residential Commercial Landscape
6
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
0.00
10.00
20.00
30.00
40.00
50.00
60.00
70.00
1-Feb 2-Feb 3-Feb 4-Feb 5-Feb 6-Feb 7-Feb 8-Feb 9-Feb 10-Feb 11-Feb 12-Feb 13-Feb 14-Feb 15-Feb 16-Feb 17-Feb 18-Feb 19-Feb 20-Feb 21-Feb 22-Feb 23-Feb 24-Feb 25-Feb 26-Feb 27-Feb 28-Feb Temperature, degrees FahrenheitVolume, AFSystem Production/Consumption vs. Temperature
Groundwater Import Water Consumption Temperature
7
0.00
0.10
0.20
0.30
0.40
0.50
0.60
0.70
0.80
0.90
1.00
0.00
10.00
20.00
30.00
40.00
50.00
60.00
70.00
1-Feb 2-Feb 3-Feb 4-Feb 5-Feb 6-Feb 7-Feb 8-Feb 9-Feb 10-Feb 11-Feb 12-Feb 13-Feb 14-Feb 15-Feb 16-Feb 17-Feb 18-Feb 19-Feb 20-Feb 21-Feb 22-Feb 23-Feb 24-Feb 25-Feb 26-Feb 27-Feb 28-Feb inchesVolume, AFSystem Production/Consumption vs. Rainfall and ETo
Groundwater Import Water Consumption ETo Rainfall
8
1,169,408
980,285
903,666 925,222
922,987
1,142,643
560,947 630,173
470,437
822,103
911,292
983,949
1,558,819
1,365,473
1,262,157 1,112,623
959,213
1,046,811
472,129 471,647
863,624
1,057,830
1,172,025
1,306,850
1,731,774
1,480,644
1,334,196 1,315,490
1,119,251
1,494,257
914,905
994,575
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
2,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Variable Costs Analysis
FY16 Var Costs FY17 Var Costs FY18 Var Costs
(includes 100% of Annual Connection Expensed in July)
9
$21,785,368
$20,080,118
$20,949,608 $21,036,896
$24,067,456
14.41%
$16,896,431 $17,591,217
$16,044,550
$17,237,373
$19,292,704
11.92%
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
Feb. 2014 Feb. 2015 Feb. 2016 Feb. 2017 Feb. 2018
Water Revenues & Expenses -February
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
10
$1,288,188
$1,228,324
$1,294,534
$1,516,028
$1,596,930
5.34%
$798,287 $814,257 $810,418
$928,486
$956,706
3.04%
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Feb. 2014 Feb. 2015 Feb. 2016 Feb. 2017 Feb. 2018
Sewer Revenues & Expenses -February
(excludes Depreciation, Special Items, and Contriubed Capital)
Total Revenue Total Expenses
11
ITEM NO. 9.2
AGENDA REPORT
Meeting Date: March 27, 2018
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Prepared By:Kelly McCann, Senior
Accountant
Subject:Cash and Investment Report for Period Ending February 28, 2018
SUMMARY:
Government Code Section 530607, et. seq., requires the person delegated to invest funds to make
monthly report of investments to the legislative body.
DISCUSSION:
The Cash and Investment Portfolio Report presents the market value and percent yield for all
District investments by institution. The Cash & Investment Summary Report includes budget and
actual interest and average term portfolio information as well as market value broken out by reserve
categories. The Fair Value Measurement Report categorizes investments with the fair value
hierarchy established by generally accepted accounting principles. The Acquisition Fund Graph
provides a reconciliation of the Bond Proceeds for the Construction of the Fairmont Booster Pump
Station. The Unrestricted Reserves and Days in Cash Graph presents Water Unrestricted Reserve
Balances and Days in Cash at a particular point in time for the last four years.
The average portfolio yield for the month ending February 28, 2018 is 1.72%.
The overall decrease in the Total Cash and Investments balance from the previous month is
approximately $891,000. Larger balance changes include: a decrease of approximately $360,000
in the Restricted 2017A Acquisition Fund due to project costs related to the construction of
the Fairmont Booster Pump Station, and a decrease of approximately $310,000 in the Water Capital
Project Reserve due to the Pay-As-You-Go status for payments related to capital improvements and
other related capital purchases.
STRATEGIC PLAN:
FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a
Timely and Transparent Manner to the Board of Directors and Member Agencies
ATTACHMENTS:
Name:Description:Type:
Cash_and_Invest_Rpt_Feb_18.pdf Backup Material Backup Material
Below is a chart summarizing the yields as well as terms and maturities for the month of February 2018:
Average # of
Month Portfolio Days to
of 2017 Yield Maturity
February 1.72%92
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 2/28/2017 2/28/2018
Monthly - February 23,295$ 32,785$
Year-to-Date 211,081$ 306,565$
Budget 2016/2017 2017/2018
Interest Budget, February YTD 76,667$ 206,667$
Interest Budget, Annual 115,000$ 310,000$
Interest earned on investments is recorded in the fund that owns the investment.
The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds
is as follows:
The table below displays the District's Cash and Investment balance of $34.2 million which is allocated between the established
reserve funds, Wells Fargo Checking Account, and the restricted funds held at U.S. Bank for the construction of the Fairmont Booster
Pump Station. The number of Days in Cash for Un-Restricted Water Reserve balance is 370 and Un-Restricted Sewer Reserve
balance 1,208, as of February 28, 2018.
FY18 Reserve Cash and
Requirements Investments
January 2018 % Alloc February 2018 % Alloc "Target Available for
Fund Description Balance 1/31/2018 Balance 2/28/2018 Levels"CY Obligations
Water Operating Reserve 12,127,464$ 36.58%11,835,468$ 36.36%9,459,287$ 2,376,181$
Water Emergency Reserve 6,914,044 20.85%6,912,932 21.24%7,790,359 (877,427)
Water Capital Project Reserve 4,742,104 14.30%4,431,813 13.62%5,716,336 (1,284,523)
Rate Stabilization Reserve 3,939,231 11.88%3,936,530 12.09%3,957,692 (21,162)
Un-Restricted Water Reserve Balance 27,722,843 27,116,743 26,923,674 193,069
Conservation Reserve 103,342 0.31%103,342 0.32%- 103,342$
Employee Liability Reserve 408,438 1.23%408,438 1.25%272,054 136,384
Restricted Reserve Balance 511,780 511,780 272,054 239,726
Sewer Operating Reserve 853,670 2.57%853,590 2.62%498,142$ 355,448$
Sewer Emergency Reserve 2,552,376 7.70%2,551,915 7.84%2,545,934 5,981
Sewer Capital Project Reserve 1,515,000 4.57%1,514,159 4.65%1,519,358 (5,199)
Un-Restricted Sewer Reserve Balance 4,921,046 4,919,664 4,563,434 356,230
Total Reserve Balances 33,155,669$ 100.00%32,548,187$ 100.00%31,759,162$ 789,025$
Water Operating 274,353 296,263
Sewer Operating 313,625 367,817
587,978 664,080
Revenue Bond 2017A-Acquisition Fund 1,367,587 1,006,981
Rev. Bond 2017A-Principal & Interest 97 97
Total Cash and Investments 35,111,332$ 34,219,345$
Cash & Investment Summary Report
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
US Bank Held (Restricted)
1
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
664,080$ 664,080$ Wells Fargo Bank
62,652 62,652 Pershing
726,731$ 726,731$ 2.12%Total 0.00%
Money Market Accounts:
1,007,078$ 1,007,078 US Bank (Revenue Bonds)0.98%
453,708 453,708 Bank of the West 0.38%
1,460,786$ 1,460,786$ 4.27%Total 0.79%
Federal Agency Securities:
498,985$ 500,000 Federal Home Loan Bank 06/12/18 1.00%
499,180$ 500,000 Federal Home Loan Bank 06/13/18 1.10%
998,165$ 1,000,000$ 2.92%Total 1.05%
Certificates of Deposits:
247,824$ 248,000$ CIT Bank, Salt Lake 05/22/18 1.20%
247,893$ 248,000 Discover 05/22/18 1.20%
247,824$ 248,000 Goldman Sachs Bank 05/22/18 1.20%
247,908$ 248,000 Beal Bank 05/23/18 1.00%
247,341$ 247,000 Barclays Bank 04/30/18 2.24%
247,965$ 248,000 State Bank of India 05/14/18 1.15%
248,763$ 249,000 Webster Bank 05/03/18 0.90%
247,901$ 248,000 American Express Centurion Bank 05/23/18 1.20%
247,757$ 248,000 GE Capital Bank 05/24/18 1.10%
248,709$ 249,000 Oriental Bank & Trust 05/29/18 1.05%
248,669$ 249,000 Enterprise Bank & TR Co Lowell 05/30/18 1.00%
248,671$ 249,000 Safra National Bank 05/31/18 1.00%
247,663$ 248,000 Townebank Portsmouth 05/31/18 1.00%
248,679$ 249,000 Mascoma Savings Bank 05/29/18 1.00%
197,874$ 200,000 World's Foremost Bk Sydney 05/28/19 1.31%
245,947$ 248,000 Capital One Bk USA Natl Assn 05/13/19 1.21%
241,704$ 249,000 Comenity Cap Bk Salt Lake City 06/30/21 1.69%
241,232$ 248,000 EnerBank USA Salt Lake City 08/26/20 1.33%
244,282$ 248,000 EverBank Jacksonville Fla CTF 08/30/19 1.16%
181,417$ 180,000 HSBC BK USA, NA MC Clean CTF 08/31/21 1.24%
238,762$ 248,000 Wells Fargo Bank NA Sioux Falls D 08/31/21 1.66%
243,060$ 247,000 PrivateBank & Tr Chicago Ill CTF 03/30/22 2.23%
247,421$ 249,000 JP Morgan Chase Bk NA Columbus 03/31/22 2.46%
5,555,267$ 5,593,000$ 16.23%Total 1.33%
Pooled Investment Accounts:
6,518,611$ 6,518,611$ Local Agency Investment Fund 1.41%
1,324,650 1,326,161 CalTRUST Short Term 1.65%
17,635,134 17,874,189 CalTRUST Medium Term 2.15%
25,478,396$ 25,718,961$ 74.46%1.94%
34,219,345$ 34,499,478$ 100%Total Investments 1.72%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
2/28/18
Yorba Linda Water District
Cash & Investment Portfolio Report
February 28, 2018
________________________________
Kelly D. McCann, Senior Accountant
2
Checking Account:726,731$ 2.12%
Money Market Accounts:1,460,786$ 4.27%
Federal Agency Securities:998,165$ 2.92%
Certificates of Deposit:5,555,267$ 16.23%
Pooled Investment Accounts:25,478,396$ 74.46%
Total 34,219,345$ 100.00%
Checking
2%
Money Market
4%
Fed Agency Securities
3%
Certificate of Deposit(s)
16%
Pooled Accounts - (LAIF &
CalTurst)
75%
Investment Balances (as of 2-28-2018)
3
Yorba Linda Water District
Fair Value Measurement Report
February 28, 2018
Quoted Observable Unobservable
Prices Inputs Inputs
Investments Level 1 Level 2 Level 3 Total
CalTRUST Investment Pool -$ 18,959,784$ -$ 18,959,784$
Local Agency Investment Fund - 6,518,611 - 6,518,611
U.S. Government Sponsored
Agency Securities - 998,165 - 998,165
Negotiable Certificates of Deposit - 5,555,267 - 5,555,267
Total Investments -$ 32,031,827$ -$ 32,031,827$
4
$-
$518,312.00
$410,496.57
$334,766.57
$138,158.15
$302,184.58
$436,809.05
$770,131.32
$867,848.92
$853,705.36
$360,606.98
$6,000,000.00
$5,481,688.00
$5,071,191.43
$4,736,424.86
$4,598,266.71
$4,296,082.13
$3,859,273.08
$3,089,141.76
$2,221,292.84
$1,367,587.48
$1,006,980.50
$- $1,000,000.00 $2,000,000.00 $3,000,000.00 $4,000,000.00 $5,000,000.00 $6,000,000.00 $7,000,000.00
May 11, 2017
May 2017
June 2017
July 2017
Aug. 2017
Sept. 2017
Oct. 2017
Nov. 2017
Dec. 2017
Jan. 2018
Feb. 2018
U.S. Bank Held Restricted 2017A Acquisition Fund
Balance
Spent
5
PARS (Public Agency Retirement Services) Funding Reconciliation
Transaction Investment Available
Description Date Contributions Return (%)Balance
Initial Deposit 12/28/2017 247,599.00$ 247,599.00$
Investment Return 12/31/2018 20.76$ 0.8%247,619.76$
Investment Return 1/31/2018 61.86$ 247,681.62$
Investment Expenses 1/31/2018 (51.59)$ 247,630.03$
subtotal =247,630.03$
6
$23,949,263
$26,805,859
$26,711,300 $27,116,743
334
416
378 370
60
110
160
210
260
310
360
410
460
$20,000
$5,020,000
$10,020,000
$15,020,000
$20,020,000
$25,020,000
$30,020,000
Feb. 2015 Feb. 2016 Feb. 2017 Feb. 2018
Unrestricted Reserves & Days in Cash (Water)
Unrestricted Reserves (Water)Days in Cash (Water)
7
ITEM NO. 13.1
AGENDA REPORT
Meeting Date: March 27, 2018
Subject:Meetings from March 28 - May 31, 2018
ATTACHMENTS:
Name:Description:Type:
BOD_-_Activities_Calendar.pdf Backup Material Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance By
March
OCSD Board Wed, Mar 28 6:00 PM Hawkins
YL Planning Commission Wed, Mar 28 6:30 PM Hawkins (As Needed)
April
ISDOC Executive Committee Tue, Apr 3 7:30 AM Nederhood
Board of Directors Workshop Meeting Tue, Apr 3 4:30 PM
YL City Council Tue, Apr 3 6:30 PM Miller
MWDOC Board Wed, Apr 4 8:30 AM Nederhood/Jones
OCSD Operations Committee Wed, Apr 4 5:00 PM Hawkins
OCWD Board Wed, Apr 4 5:30 PM Miller/Jones
MWDOC Elected Officials Forum Thu, Apr 5 6:00 PM Jones/Nederhood
WACO Fri, Apr 6 7:30 AM TBD
Board of Directors Regular Meeting Tue, Apr 10 6:30 PM
OC LAFCO Wed, Apr 11 8:15 AM Nederhood (As Needed)
YL Planning Commission Wed, Apr 11 6:30 PM Hawkins (As Needed)
Board of Directors Workshop Meeting Tue, Apr 17 4:30 PM
YL City Council Tue, Apr 17 6:30 PM Nederhood
MWDOC Board Wed, Apr 18 8:30 AM Nederhood/Jones
OCWD Board Wed, Apr 18 5:30 PM Miller/Jones
MWDOC Water Policy Forum Thu, Apr 19 5:30 PM Jones/Miller/Nederhood
SoCal Gas Sustainability Seminar Tue, Apr 24 8:30 AM Jones
Board of Directors Regular Meeting Tue, Apr 24 6:30 PM
MWDOC/OCWD Joint Planning Committee Wed, Apr 25 8:30 AM Jones/Miller/Nederhood
OCSD Board Wed, Apr 25 6:00 PM Hawkins
YL Planning Commission Wed, Apr 25 6:30 PM Hawkins (As Needed)
Board of Directors Workshop Meeting Thu, Apr 26 4:30 PM
May
ISDOC Executive Committee Tue, May 1 7:30 AM Nederhood
Board of Directors Regular Meeting Tue, May 1 6:30 PM
YL City Council Tue, May 1 6:30 PM Jones
MWDOC Board Wed, May 2 8:30 AM Nederhood/Jones
OCSD Operations Committee Wed, May 2 5:00 PM Hawkins
OCWD Board Wed, May 2 5:30 PM Miller/Jones
WACO Fri, May 4 7:30 AM TBD
ACWA-JPIA Spring Conference Mon, May 7 8:00 AM Jones
ACWA-JPIA Spring Conference Tue, May 8 8:00 AM Jones
ACWA Spring Conference Tue, May 8 8:00 AM Jones/Nederhood
ACWA Groundwater Committee Tue, May 8 3:00 PM Jones
ACWA Water Quality Committee Tue, May 8 3:00 PM Miller
ACWA Spring Conference Wed, May 9 8:00 AM Jones/Nederhood
OC LAFCO Wed, May 9 8:15 AM Nederhood (As Needed)
YL Planning Commission Wed, May 9 6:30 PM Hawkins (As Needed)
ACWA Spring Conference Thu, May 10 8:00 AM Jones/Nederhood
ACWA Spring Conference Fri, May 11 8:00 AM Jones/Nederhood
YL City Council Tue, May 15 6:30 PM Hall
MWDOC Board Wed, May 16 8:30 AM Nederhood/Jones
OCWD Board Wed, May 16 5:30 PM Miller/Jones
Board of Directors Workshop Meeting Thu, May 17 4:30 PM
District Open House and Facility Tours Sat, May 19 9:00 AM
Board of Directors Regular Meeting Tue, May 22 6:30 PM
OCSD Operations Committee Wed, May 23 6:00 PM Hawkins
YL Planning Commission Wed, May 23 6:30 PM Hawkins (As Needed)
Interagency Committee Meeting with MWDOC and OCWD Thu, May 24 4:00 PM Nederhood/Jones
District Offices Closed Mon, May 28 7:00 AM
Board of Directors Workshop Meeting Wed, May 30 4:30 PM
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted _____________, 2018
Resolution No. 18-XX
LEGEND
_____ Board Requested Revisions
_____ Topics Previously Addressed
_____ Legal Counsel Revisions
_____ Staff Suggested Revisions
Text Moved To/From New Location
ITEM NO. 8.2.REVISED
MATERIALS SUBMITTED BY: Annie Alexander
MEETING DATE: March 27, 2018
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 2
TABLE OF CONTENTS
1.0 PURPOSE AND SCOPE ................................................................................................................................... 3
2.0 MISSION, VISION AND CORE VALUES ..................................................................................................... 3
2.1 Mission Statement ......................................................................................................................................... 3
2.2 Vision............................................................................................................................................................. 3
2.3 Core Values .................................................................................................................................................. 3
3.0 BASIS OF AUTHORITY .................................................................................................................................... 4
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................................... 4
4.1 Duties and Responsibilities ........................................................................................................................... 4
4.2 Code of Conduct and Ethics ......................................................................................................................... 7
5.0 COMPOSITION, TERMS AND VACANCY ............................................................................................... 12
6.0 OFFICERS .......................................................................................................................................................... 14
6.1 President and Vice President ...................................................................................................................... 14
7.0 APPOINTED STAFF AND OTHERS .......................................................................................................... 15
7.1 General Manager, Secretary, Assistant Secretary and Treasurer .............................................................. 15
7.2 District Legal and Labor Counsel ................................................................................................................ 16
7.3 District Auditor ............................................................................................................................................. 17
7.4 Consultants ................................................................................................................................................. 17
8.0 COMMITTEES ................................................................................................................................................... 17
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................. 17
9.1 Directors’ Compensation ............................................................................................................................. 17
9.2 Benefits ....................................................................................................................................................... 19
9.3 Travel Expense Reimbursement ................................................................................................................. 19
9.4 District Issued Credit Cards ........................................................................................................................ 22
9.5 Communications Expense Reimbursement ................................................................................................ 22
9.6 Disclosure of Expenditures/Reimbursements ............................................................................................. 23
10.0 BOARD MEETINGS, GENERAL ................................................................................................................. 24
10.1 Regular Meetings ........................................................................................................................................ 24
10.2 Special Meetings ......................................................................................................................................... 24
10.3 Emergency Meetings .................................................................................................................................. 24
11.0 BOARD MEETINGS, AGENDAS ................................................................................................................ 25
11.1 Agendas ...................................................................................................................................................... 25
11.2 Order of Business ....................................................................................................................................... 27
12.0 BOARD MEETINGS, MINUTES ................................................................................................................... 30
13.0 BOARD MEETINGS, CONDUCT ................................................................................................................ 30
13.1 Guidelines for Discussion ........................................................................................................................... 30
14.0 BOARD ACTIONS AND DECISIONS ........................................................................................................ 33
15.0 EXHIBITS AND APPENDIXES..................................................................................................................... 33
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 3
PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable, high quality water and sewer services to
protect public health and the environment with financial integrity and superior customer
servicein an environmentally responsible manner, while maintaining an economical cost
and unparalleled customer service to our community.
2.2 Vision
2.2 Yorba Linda Water District will accomplish our mission to improve the quality of life
for those we serve by:become the leading, innovative and efficient source for high quality
reliable services.
A.Embracing Proven Technology
B.Improving Customer Satisfaction
C.Providing Efficient and Responsive Operations
D.Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions – both our successes and our
opportunities for growth. We maintain a commitment of courtesy, assessment, and
resolution with all customer concerns.
Transparency – We promote a culture where we actively listen to our customers and
communicate openly about our policies, processes, and plans for the future.
Teamwork – Success centers on all departmentsWe working together andby sharing
information and resources to achieve common goals. We are dedicated to ensuring that
Revisions previously
discussed by Board.
Revisions
previously
discussed by
Board.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 4
every voice of the District, from the Board to each individual employee is treated with
dignity and respect, and that differences are valued and individual abilities and
contributions are recognized.
Respect – We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District’s
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, legal
counsel contract personnel or consultants without prior Board approval (see also Section
4.1 A). Directors do not represent any fractional segment or region of the community, but
are part of a legislative body that represents and acts for the District as a whole. Since
Directors are elected officials, no Director may delegate his/her authority to act as a
Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
Duties and Responsibilities
4.1 Duties and Responsibilities
4.1A. The Board’s primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District’s business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager’s performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
4.2B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
A.1. The dignity, style, values and opinions of each Director shall be respected.
B.2. Responsiveness and attentive listening in communication is encouraged.
C.3. The needs of the District’s constituents shall be the priority of the Board of
Directors.
D.4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
Revisions
previously
discussed by
Board.
Board direction
to GM.
Board direction
to GM.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 5
E.5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
F.6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
disagreeable. Once the Board takes action, Directors shall commit to
supporting said action and not create barriers to the implementation of said
action.
4.3C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees, legal counsel, or consultants.
1.
1.Accordingly, individual Directors’ requests for information as necessary
from staff or contract personnel/consultants to assist in decision making and
policy direction shall always be made to the General Manager and shall be
tracked by general topic for future reference.
2.
3.Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4.Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5.Responsive materials to Directors’ requests for information shall be
distributed by the General Manager or his/her designee, to all Board
members at the same time.
2.6. If the General Manger’s response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7.Directors’ time spent with the General Manager or his/her designee shall
also be tracked and made available to the Board for periodic evaluation.
3.8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
Tracking Director
requests and
questions by topic.
Tracking time
spent with GM
and AGM.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 6
4.9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager’s designee.
5.10. Board members shall refrain from making requests directly to District
employees or legal counsel to undertake analysis, perform work
assignments or change the priority of work assignments. District employees
have been instructed to notify the General Manager of all requests received
from a Board member within 48 hours.
6.11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
7.12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
8.13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
9.14. In seeking clarification for policy-related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager or legal counsel.
4.4D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
A.1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2.Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
B.
C.3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E.Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
4.5F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions shall be submitted to the General Manager in advance of
the meeting.
Newly elected or appointed Directors shall participate in a minimum of two hours
of harassment prevention training and a minimum of six hours of basic governance
Submitting
questions in
advance of
meeting.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 7
training within one year from the first day of service with the District and every five
years thereafter. Thereafter, all Directors shall participate in a minimum of two
hours of harassment prevention training every two years and a minimum of six
hours of basic governance training every five years. Participation in the
Governance Foundations course, offered by the California Special District
Association’s Special District Leadership Academy or Special District Leadership
Foundation approved equivalent, shall satisfy the basic governance training
requirement.
G.
4.6H. The Board shall review the policies and procedures contained in this manual on
an annual basis or more often as required.
I.The Board shall also perform an assessment of the governing body’s effectiveness
and its relationship with staff on an annual basis at the end of each calendar year.
The Board may utilize the survey included this manual (see Exhibit B) or choose
another method for accomplishing this task.
4.2 Code of Conduct and Ethics
4.7A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are
requirementsguidelines for ethical conduct to be followed by the Board:
A.1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
Any nNew Directors shall participate in a minimum of two hours of must
receive ethics compliance training and two hours of harassment prevention
training as soon as practical, but not more than six monthsone year, from
the first day of service with the District. Thereafter, all Directors shall be
required to receive ethics training and at least once every two years
thereafter. A Director who serves on more than one local agency board
may satisfy this requirement by obtaining suchethics training once every
two years without regard to the number of local agencies boards onwith
which he/she serves. The District shall provide information regarding
available training on an annual basisannually on where training is available.
All Directors shall provide a copy of proof of participation in these required
ethics trainings to the District. Copies of proofs of participation shall be
considered public documents and shall be retained for a minimum of five
years.
Separated
governance
training
requirement
from other
training
requirements as
not legally
required.
Performance of
annual self
assessment.
Combined ethics
compliance training
and harassment
prevention training
requirements.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 8
2.
B.3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification(s), the perception of any
individuals protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term “Protected Classification” includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
C.4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District-
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
Board members shall safeguard the District’s property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
D.5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation
of law, including disclosing facts to a district attorney or grand jury
necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first
bring the matter to the attention of either the President or the full Board.
E.6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
1.a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
2.b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 9
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
i.If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest, so that a determination can be made whether it is a
disqualifying conflict of interest.
a.
b.ii.If it’s not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit BC), so that there can
be a determination as to whether it is a disqualifying conflict
of interest.
c.iii.Upon a determination that there is a disqualifying conflict of
interest, the Board member (1) shall: (1) publicly identify the
interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from not participatinge in the discussion,
deliberation or vote on the matter for which a conflict of
interest exists, which shall be so noted in the Board minutes;
and (2) leave the room until after the discussion, vote and any
other disposition of the matter is concluded (see also Section
13.1 C). The Director shall not be counted toward achieving
a quorum while the item is discussed. This process also
applies when the disqualifying conflict of interest is on the
Consent Calendar except the Director is not required to leave
the room.
3.c.A Board member shall not recommend the employment of a
relative to the District or to a vendor, contractor or consultant
known by the Board member to be bidding or negotiating a
contract with the District.
F.7. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending and receiving electronically produced messages
during meetings.
G.8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
4.8B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District’s seal, trademark, logo,
branding, stationary or other indicia of the District’s identity, in any solicitation for
Combined same topic
from different section to
eliminate duplication.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 10
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
A.1. District employees or legal counsel.
B.2. Consultants or contractors used by the District in the past 12 months.
C.3. Individuals, entities, vendors, consultants, sub-consultants, contractors, or
sub-contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
4.9C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member’s position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
4.10D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
from the District for any action related to the conduct of the District’s business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
4.11E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act.
4.12F. The General Manager has primary responsibility for (1) ensuring compliance with
the District’s personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
A.1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager’s
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
B.2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 11
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
4.131.1 Any new Director must receive ethics training as soon as practical, but not more
than one year, from the first day of service with the District. Thereafter, all Directors shall
be required to receive ethics training at least once every two years. A Director who serves
on more than one local agency board may satisfy this requirement by obtaining ethics
training once every two years without regard to the number of local agencies with which
he/she serves. The District shall provide information annually on where training is
available. All Directors shall provide a copy of proof of participation in the required ethics
training to the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
4.14G. Directors are not subject to the District’s Conflict of Interest Codes, but are
subject to the disclosure requirements of the Political Reform Act. Directors are
required to file a Statement of Economic Interests (Form 700) with the County
when assuming office, on an annual basis thereafter, and when leaving office.
Filing of these forms shall be performed using the County’s e-file system.
4.15H. Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700’s in accordance with that respective agency’s Conflict of
Interest Codes.
4.16I. The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
A.1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
B.2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board’s review and consideration of a complaint. A sanction may
Combined with
other legally
required training.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 12
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
C.3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de-authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
4.17J. All complaints shall be submitted in writing to the General Manager and/or the
District’s legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
with the accused Director’s written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director’s defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
4.18K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 13
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term:
A.Death of an incumbent;
B.A court’s declaration that the incumbent is physically or mentally incapacitated;
C.Resignation;
D.Removal from office;
E.Ceasing to be an inhabitant of the District;
F.Absence from the state beyond periods allowed by law;
G.Ceasing to discharge the duties of the office for three consecutive months;
H.Conviction of a felony;
I.Refusal or neglect to file required oath of office;
J.Declaration by a competent tribunal that election or appointment is void; or
K.Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A.The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 14
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B.If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C.If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D.If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E.Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
OFFICERS
6.1 President and Vice President
A.A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B.The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C.If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D.In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 15
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E.The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F.The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G.The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed updated annually at the District’s reorganization meeting held at the first
regular meeting of the Board in December of each year or as necessary.
H.Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A.A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager’s contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board.
B.A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
Updated to reflect
requirements for
Financing Authority.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 16
C.A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D.A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E.The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmedupdated annually
at the District’s reorganization meeting held at the first regular meeting of the Board
in December of each year or as necessary.
F.The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board or deemed
appropriate by the General Manager, shall each give a bond to the District
conditioned for the faithful performance of his/her duties as the Board may provide.
Payment for the provision of these bonds shall be provided by the District.
G.Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
7.2 District Legal and Labor Counsel
A.The District’s Legal and Labor Counsel are law firms that are appointed by the
Board of Directors and report to the Board of Directorsduring Board meetings.
1.Legal Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
2.Labor Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to public sector law, employment law, and other
related business of the District. Labor Counsel shall perform such duties as
the Board or General Manager may request, and shall (1) review all
employment related matters to insure legality and acceptability under law;
Updated to reflect
requirements for
Financing Authority.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 17
(2) prepare or review employment and labor related documents and provide
legal counsel, as required by the Board or General Manager and (3) attend
and/or participate in Board meetings and other meetings as directed by the
Board or the General Manager.
7.3 District Auditor
A.The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A.The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors’ Compensation
9.1A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day’s attendance at meetings of the Board and other meetings
attended at the request of the Board, including reasonable and necessary travel
time (see Appendix 1). Compensation for any type of service shall not exceed ten
days in any calendar month.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 18
B.Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1.Association of California Water Agencies (ACWA)
2.Association of California Water Agencies – Joint Powers Insurance
Authority (ACWA-JPIA)
3.American Water Works Association (AWWA)
4.California Association of Sanitation Agencies (CASA)
5.California Special Districts Association (CSDA)
6.California-Nevada Section of American Water Works Association (CA-NV
AWWA)
7.City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
8.Colorado River Water Users Association (CRWUA)
9.Independent Special Districts of Orange County (ISDOC)
10.Metropolitan Water District of Southern California (MWD or MET)
11.Municipal Water District of Orange County (MWDOC)
12.Orange County Local Agency Formation Commission (OC LAFCO)
13.Orange County Sanitation District (OCSD)
14.Orange County Water Association (OCWA)
15.Orange County Water District (OCWD)
16.Special District Leadership Foundation (SDLF)
17.Urban Water Institute (UWI)
18.Water Advisory Committee of Orange County (WACO)
C.Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
D.Directors shall complete an Activity Report and Compensation Form (see Exhibit
CD) on a monthly basis. Directors have until the 15
th day of the following month
to file said reports with the General Manager or his/her designee. If an activity
report is not returned by this deadline, no compensation shall be paid to the
Director for that reporting period.
9.2
9.3E. All activity reports shall be reviewed and approved by the President or the Vice
President.
9.4F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment. The Board shall consider its
compensation rate following the reorganization meeting held at the first regular
meeting of the Board in December of each year. If the Board recommends an
increase in the amount of compensation, an Ordinance shall be considered and
adopted by the Board according to the following procedures:
A.1. A public hearing shall be held prior to adoption of the Ordinance.
Revisions
previously
discussed by
Board.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 19
B.2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing.
C.3. The Ordinance shall become effective 60 days from the date of its final
passage.
9.5G. The District does not provide any of its Directors with loans.
9.2 Benefits
9.6A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees. A Director is also eligible for District-provided post-service
health benefits if the following conditions are satisfied: the Director’s term began
before January 1, 1995 and continued uninterrupted until on or after May 27, 2010;
and the Director began receiving health benefits from the District before January
1, 1994. The rate of accrual for post-service health benefits is one year of benefits
for each three years of service to the District as a Director. In addition to the terms
and conditions provided herein, any terms or conditions set forth in the personnel
rules of the District that are applicable to retiree health benefits shall also apply to
post-service health benefits for Directors, except those conditions relating to good
standing and adequate notice of retirement. Directors are also eligible for District-
provided Group Life insurance and Accidental Death and Dismemberment
insurance in amounts up to $10,000 each. Additionally, Directors may elect to
participate in the District’s deferred compensation plan. Enrollment in any of the
above benefits plans is subject to the rules and restrictions of the plans.
9.3 Travel Expense Reimbursement
9.7A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board. Attendance at an event must be preapproved
or ratified by a majority vote of the Board in order to be considered as an activity
for the purposes of compensation and payment or reimbursement of travel
expenses. Directors’ rates for reimbursement and payment of travel expenses
shall not be greater than rates specified for District employees.
9.8B. Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night (Or Published Group/Govt Rate)
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
Separated
compensation
from expense
reimbursement
as different
topic.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 20
9.9C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
9.10D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursableement amount cannot be more than the amount set forth above.
On the rare occasion the group/government rate is more than the amount set forth
above, the reimbursable amount shall equal the group/government rate. In the
event a more expensive class of transportation is used, the reimbursable amount
shall be limited to the cost of the most economical class of transportation available
as identified above.
9.11E. If an expense does not fall within the reimbursement rates identified in this
policySection 9.12, it must be preapproved or ratified by a majority vote of the
Board in a public meeting.
9.12
9.13 Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be reimbursed
on a daily basis not to exceed $75 per day. Meal expenses for partial days shall
be reimbursed on a meal by meal basis as follows: $15 for breakfast, $25 for lunch,
and $35 for dinner. Said maximums for meal expenses exclude taxes and
gratuities which are considered actual and necessary expenses (see Section 9.3.
G). Any amount spent over the daily or partial day reimbursable amounts set forth
in this section may not be deducted from another day’s reimbursable amount
during that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to another
day’s reimbursable amount during that same activity. No reimbursement shall be
provided for alternative meals when the District has paid for the cost of the activity
including any incorporated meals. Attendance at receptions before dinner shall
not be considered a meal.
F.
9.14 Eligible reimbursable amounts as identified above, do not include the cost of taxes
or gratuities.
9.15G. Actual and necessary expenses include taxes and gratuities for meals, tips
for porters, baggage carriers, bell hops, and housekeepers. This does not include
the cost of laundry, cleaning or pressing of clothes, or telephone calls.
9.16H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act. In
no case shall the amount paid for mileage reimbursement for use of a personally
owned vehicle used for travel in lieu of air travel exceed the cost of coach class or
equivalent airfare.
9.17I. The District shall not incur any costs for a spouse, or other accompanying person.
Additional
clarification.
Revised to
conform with
government
code.
Additional
clarification.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 21
9.18J. In order to obtain reimbursement tfor qualified expenses, the following procedures
must be followed:
A.1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit DE) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred.
B.2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit EF) for local meeting attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days following the end of each month.
C.3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
D.4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
E.5. All expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall
be reviewed and approved by the President or Vice President.
F.6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document.
G.7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit FG) as substantiation of the
expense.
H.8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit GH) for such expenses paid in cash without a receipt.
I.9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
9.19K. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
conference or training event when it is apparent that there is no significant benefit
to the District.
Revised to
conform with
government
code.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 22
9.20L. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance. Said report shall detail what was learned at the
session(s) that will be of benefit to the District and can be submitted in written or
verbal form though ideally no longer than three minutes. Materials from session(s)
may be delivered to the General Manager for inclusion in the District’s library for
future use.
9.4 District Issued Credit Cards
A.Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B.Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
C.Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D.Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
9.21A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
A.1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
B.2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit HI) in accordance with established
procedures.
C.3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director’s choosing
plus a monthly allowance of $25 for a data plan relating to e-mail/internet
access, etc., as applicable. Qualifying electronic equipment and related
items shall include tablets PCs, laptop computers, tablet PC/laptop covers
or cases, protective screen wraps, extended warranties, and downloadable
applications specific to the conduct of District business, such as word
processing, spreadsheet or PDF annotation applications.
Guidelines for
Director reports.
Addition of
new topic not
previously
addressed.
Suggested discontinuation
of data plan reimbursement
as not utilized and Federal
Tax Code requires detailed
documentation.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 23
D.4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
E.5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director’s Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B.Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
9.22
9.23C. Failure to submit a completed form within this time frame shall result in a denial of
the Director’s request for reimbursement of the expense.
A.1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2.Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
B.
9.24D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
9.25E. All communications expense reimbursement requests shall be reviewed and
approved by the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and approved by the President or Vice President.
9.6 Disclosure of Expenditures/Reimbursements
9.26A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
9.27B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 24
paid to any Director. This report shall be made available for public inspection upon
request.
9.28C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A.All regular meetings of the Board shall be held on the second and fourth Tuesday
of each month. If these days happen to coincide with a holiday designated by law
or otherwise recognized by the District, the meeting shall be rescheduled to a date
and time as determined by a majority vote of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting will generally commence
at 5:30 p.m. or 6:00 p.m. depending on time requirements and may be noticed
separately as a special meeting. Regular meetings shall commence at 6:30 p.m.
Any member of the Board may make a motion to complete any item under
discussion during meetings lasting more than four hours from the time of
commencement. All remaining items on the agenda which have not been acted
upon shall be continued to the next regular meeting or as specified by the Board.
10.2 Special Meetings
A.Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A.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, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 25
B.Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C.No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A.Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B.The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C.A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D.A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District’s website.
E.Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F.All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 26
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G.A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H.All non-exempt writings related to an agenda iteminformation made available and
distributed to a majority of the Board less than 72 hours prior to the meeting (except
confidential information allowed by law per legal counsel authority) shall be made
available for public review at the same timeprior to the Board meeting.
H.
I.Any Director may contact the General Manager and request an item to be placed
on anthe agenda no later than 12:00 p.m. the day 48 hours before an agenda is
scheduled to be closed. In general, all agendas will be closed on Wednesday at
12:00 p.m. of the week prior to the meeting date.
J.Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
I.K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
J.L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1.The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2.The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
3.No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
Additional
clarification.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 27
4.The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
K.M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1.The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2.The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A.Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B.Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C.If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D.Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E.Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 28
may be outside the District’s jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District’s jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call.
F.The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G.The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1.Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2.Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3.When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H.The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1.Introductions and Presentations
1.2. Public Comments
2.3. Public Hearings
3.4. Consent Calendar
4.5. Action Calendar
5.6. Discussion Calendar
6.7. Informational Reports and Other Business
7.8. Closed Session(s)
8.9. Adjournment
I.Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which they he/she wishes to comment. If the matter
relates to an item on the current agenda, the Presiding Officer shall recognize the
person and invite their comment when the item is considered. If the matter does
not relate to an item on the current agenda, the Presiding Officer shall determine
whether and when to allow the comment. Comments are limited to matters of
public interest within the jurisdiction of the District, and shall comments must be no
more than three minutes in length unless a time extension is granted by the
Presiding Officer. A maximum of 20 minutes shall be allotted for each subject
matter pursuant to the discretion of the Presiding Officer. No action shall be taken
on matters not appearing on the posted agenda for that meeting, although
Directors may respond briefly to public comments.
Moved from
different section
for continuity.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 29
I.J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1.Opening of Hearing by Presiding Officer
2.Verification of Notice of Hearing Provided by Board Secretary
3.Reports by General Manager, Staff and/or Consultant
4.Comments from the Public Speaking in Favor and/or Against the Issue
5.Receipt of Written Communications from the Public
6.Continue or Closing of Hearing by Presiding Officer
7.Questions to Staff and Board Discussion
8.Consideration of Action by the Board
J.K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1.Minutes of Previous Board Meetings
2.Approval to Pay Warrants
3.Routine Environmental Assessments
4.Approval of Routine Terms and Conditions for Water and/or Sewer Service
5.Approval of Change Orders (With a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6.Approval of Contracts (For projects identified in the adopted budget.)
7.Final Acceptance of Facilities
8.Disposition of Liability Claims
9.Other Routine Administrative Matters
K.L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
L.M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 30
meeting.
M.N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J-K.
N.O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
O.P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
P.Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained for 30 days following the date the meeting minutes are approved by a majority
vote of the Boardin accordance with the District’s records retention policy. Video
recordings of all regular Board meetings or public hearings shall be retained for a
minimum of 30 days following the date of the meeting.
BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended primarily for those situations where discussion of an issue
is taken up with considerable enthusiasm by several Directors and/or members of the
general public, and it is necessary to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A.The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
Added for
continuity.
Revised to
avoid potenti
conflict with
records
retention
policy.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 31
B.The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always therefore does not conduct its
meetings with formal “rules of order” or parliamentary procedure.
B.A. The Presiding Officer for each meeting has the responsibility to preserve order
and decorum. If at any time, a Director believes order is not being maintained or
that procedures being followed are not adequate for the decision-making process
at hand, he/she shall call this fact to the attention of the Presiding Officer and
request corrective action. If the corrective action taken by the Presiding Officer is
not satisfactory, a motion for specific corrective action may be made to the Board.
In that event, a majority vote of the Board shall determine the action to be taken.
C.A Director is disqualified from participating in the decision-making process if a
financial interest in an item before the Board might interfere with the performance
of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If
grounds for disqualification exist, the Director at issue shall announce prior to
consideration of the matter that he/she has a conflict of interest (see Exhibit B),
publicly identify the interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public, recuse themselves from discussing
and voting on the matter, and then leave the room until after the discussion, vote,
and any other disposition of the matter is concluded. The Director shall not be
counted toward achieving a quorum while the item is discussed. This rule applies
when the item that gives rise to the disqualification is on the Consent Calendar
except the Director at issue is not required to leave the room. Any Director unsure
about whether a conflict of interest exists may request an opinion from legal
counsel.
C.The Presiding Officer shall read aloud the description of each item on the agenda
as considered with the exception of items on the Consent Calendar.
D.Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 I).
E.Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
D.A. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
E.F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
Moved to different
sections for
continuity.
Specifying order
of business
related to
consideration of
agenda items.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 32
G.Any Director moving the adoption or approval of a matter may call for the question.
The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
F.H.
G.I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
H.J. All motions shall be adopted by voiceroll call vote unless otherwise required by
law. The Secretary shall record in the Minutes any dissenting and abstaining
votes, or disqualification from voting due to a conflict of interest.
K.Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
I.The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
J.L.
K.
L.A. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which he/she wishes to comment. If the matter relates
to an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. If the matter does not relate
to an item on the current agenda, the Presiding Officer shall determine whether
and when to allow the comment. Comments are limited to matters of public interest
within the jurisdiction of the District, and comments must be no more than three
minutes in length unless a time extension is granted by the Presiding Officer. A
maximum of 20 minutes shall be allotted for each subject matter pursuant to the
discretion of the Presiding Officer. No action shall be taken on matters not
appearing on the posted agenda for that meeting, although Directors may respond
briefly to public comments.
M.
N.M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
Moved to/from
different sections
for clarity and
continuity.
Revised to
facilitate adoption
of resolutions on
consent calendar.
Moved to/from
different sections
for clarity and
continuity.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 33
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
EXHIBITS AND APPENDIXES
Exhibits
A.Acknowledgement
B.Assessment Survey of Governing Body’s Effectiveness
B.C. Sample Conflict of Interest Declarations
C.D. Activity Report and Compensation Form
D.E. Travel Expense Reimbursement Form
E.F.Meeting and Mileage Expense Reimbursement Form
F.G.Missing Receipt Affidavit Form
G.H.Miscellaneous Gratuities Form
I.Communications Expense Reimbursement Form
J.Waiver of Written Notice of Special and Emergency Meetings
Yorba Linda Water District Board of Directors' Policies and Procedures Manual2 34
H.K. General Guidelines for Parliamentary Procedure
Appendixes
1.Setting Compensation for Members of the Board (Ord. 03-01)
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted _____________, 2018
Resolution No. 18-XX
ITEM NO. 8.2.REVISED
MATERIALS SUBMITTED BY: Annie Alexander
MEETING DATE: March 27, 2018
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 2
TABLE OF CONTENTS
1.0 PURPOSE AND SCOPE ................................................................................................................................... 3
2.0 MISSION, VISION AND CORE VALUES ..................................................................................................... 3
2.1 Mission Statement ......................................................................................................................................... 3
2.2 Vision............................................................................................................................................................. 3
2.3 Core Values .................................................................................................................................................. 3
3.0 BASIS OF AUTHORITY .................................................................................................................................... 4
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................................... 4
4.1 Duties and Responsibilities ........................................................................................................................... 4
4.2 Code of Conduct and Ethics ......................................................................................................................... 7
5.0 COMPOSITION, TERMS AND VACANCY ............................................................................................... 12
6.0 OFFICERS .......................................................................................................................................................... 13
6.1 President and Vice President ...................................................................................................................... 13
7.0 APPOINTED STAFF AND OTHERS .......................................................................................................... 14
7.1 General Manager, Secretary, Assistant Secretary and Treasurer .............................................................. 14
7.2 District Legal and Labor Counsel ................................................................................................................ 15
7.3 District Auditor ............................................................................................................................................. 16
7.4 Consultants ................................................................................................................................................. 16
8.0 COMMITTEES ................................................................................................................................................... 16
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................. 17
9.1 Directors’ Compensation ............................................................................................................................. 17
9.2 Benefits ....................................................................................................................................................... 18
9.3 Travel Expense Reimbursement ................................................................................................................. 18
9.4 District Issued Credit Cards ........................................................................................................................ 21
9.5 Communications Expense Reimbursement ................................................................................................ 21
9.6 Disclosure of Expenditures/Reimbursements ............................................................................................. 22
10.0 BOARD MEETINGS, GENERAL ................................................................................................................. 23
10.1 Regular Meetings ........................................................................................................................................ 23
10.2 Special Meetings ......................................................................................................................................... 23
10.3 Emergency Meetings .................................................................................................................................. 23
11.0 BOARD MEETINGS, AGENDAS ................................................................................................................ 24
11.1 Agendas ...................................................................................................................................................... 24
11.2 Order of Business ....................................................................................................................................... 26
12.0 BOARD MEETINGS, MINUTES ................................................................................................................... 29
13.0 BOARD MEETINGS, CONDUCT ................................................................................................................ 29
13.1 Guidelines for Discussion ........................................................................................................................... 29
14.0 BOARD ACTIONS AND DECISIONS ........................................................................................................ 31
15.0 EXHIBITS AND APPENDIXES..................................................................................................................... 31
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 3
PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable water and sewer services to protect public
health and the environment with financial integrity and superior customer service.
2.2 Vision
Yorba Linda Water District will accomplish our mission to improve the quality of life for
those we serve by:
A. Embracing Proven Technology
B. Improving Customer Satisfaction
C. Providing Efficient and Responsive Operations
D. Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions. We maintain a commitment of
courtesy, assessment, and resolution with all customer concerns.
Transparency – We listen to our customers and communicate openly about our policies,
processes, and plans for the future.
Teamwork – We work together by sharing information and resources to achieve common
goals.
Respect – We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 4
BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District’s
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, legal
counsel or consultants without prior Board approval (see also Section 4.1 A). Directors
do not represent any fractional segment or region of the community, but are part of a
legislative body that represents and acts for the District as a whole. Since Directors are
elected officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
4.1 Duties and Responsibilities
A. The Board’s primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District’s business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager’s performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
1. The dignity, style, values and opinions of each Director shall be respected.
2. Responsiveness and attentive listening in communication is encouraged.
3. The needs of the District’s constituents shall be the priority of the Board of
Directors.
4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
disagreeable. Once the Board takes action, Directors shall commit to
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 5
supporting said action and not create barriers to the implementation of said
action.
C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
1. Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees, legal counsel, or consultants.
2. Accordingly, individual Directors’ requests for information as necessary to
assist in decision making and policy direction shall always be made to the
General Manager and shall be tracked by general topic for future reference.
3. Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4. Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5. Responsive materials to Directors’ requests for information shall be
distributed by the General Manager or his/her designee to all Board
members at the same time.
6. If the General Manger’s response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7. Directors’ time spent with the General Manager or his/her designee shall
also be tracked and made available to the Board for periodic evaluation.
8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager’s designee.
10. Board members shall refrain from making requests directly to District
employees or legal counsel to undertake analysis, perform work
assignments or change the priority of work assignments. District employees
have been instructed to notify the General Manager of all requests received
from a Board member within 48 hours.
11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 6
12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
14. In seeking clarification for policy-related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager.
D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2. Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E. Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions shall be submitted to the General Manager in advance of
the meeting.
G. New Directors shall participate in a minimum of six hours of basic governance
training within one year from the first day of service with the District and every five
years thereafter. Participation in the Governance Foundations course, offered by
the California Special District Association’s Special District Leadership Academy
or Special District Leadership Foundation approved equivalent, shall satisfy the
basic governance training requirement.
H. The Board shall review the policies and procedures contained in this manual on
an annual basis or more often as required.
I. The Board shall also perform an assessment of the governing body’s effectiveness
and its relationship with staff on an annual basis at the end of each calendar year.
The Board may utilize the survey included this manual (see Exhibit B) or choose
another method for accomplishing this task.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 7
4.2 Code of Conduct and Ethics
A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are requirements
for ethical conduct to be followed by the Board:
1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
2. New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of service
with the District and at least once every two years thereafter. A Director
who serves on more than one local agency board may satisfy this
requirement by obtaining such training once every two years without regard
to the number of boards on which he/she serves. The District shall provide
information regarding available training on an annual basis. All Directors
shall provide a copy of proof of participation in these trainings to the District.
Copies of proofs of participation shall be considered public documents and
shall be retained for a minimum of five years.
3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification(s), the perception of any
individuals protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term “Protected Classification” includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District-
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8
Board members shall safeguard the District’s property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation
of law, including disclosing facts to a district attorney or grand jury
necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first
bring the matter to the attention of either the President or the full Board.
6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
i. If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest so that a determination can be made whether it is a
disqualifying conflict of interest.
ii. If it’s not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit C), so that there can be
a determination as to whether it is a disqualifying conflict of
interest.
iii. Upon a determination that there is a disqualifying conflict of
interest, the Board member shall: (1) publicly identify the
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9
interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from participating in the discussion, deliberation
or vote on the matter for which a conflict of interest exists,
which shall be so noted in the Board minutes; and (2) leave
the room until after the discussion, vote and any other
disposition of the matter is concluded. The Director shall not
be counted toward achieving a quorum while the item is
discussed. This process also applies when the disqualifying
conflict of interest is on the Consent Calendar except the
Director is not required to leave the room.
c. A Board member shall not recommend the employment of a
relative to the District or to a vendor, contractor or consultant
known by the Board member to be bidding or negotiating a
contract with the District.
7. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending and receiving electronically produced messages
during meetings.
8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District’s seal, trademark, logo,
branding, stationary or other indicia of the District’s identity, in any solicitation for
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
1. District employees or legal counsel.
2. Consultants or contractors used by the District in the past 12 months.
3. Individuals, entities, vendors, consultants, sub-consultants, contractors, or
sub-contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member’s position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
from the District for any action related to the conduct of the District’s business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10
information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act.
F. The General Manager has primary responsibility for (1) ensuring compliance with
the District’s personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager’s
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
G. Directors are not subject to the District’s Conflict of Interest Codes, but are subject
to the disclosure requirements of the Political Reform Act. Directors are required
to file a Statement of Economic Interests (Form 700) with the County when
assuming office, on an annual basis thereafter, and when leaving office. Filing of
these forms shall be performed using the County’s e-file system.
H. Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700’s in accordance with that respective agency’s Conflict of
Interest Codes.
I. The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 11
1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board’s review and consideration of a complaint. A sanction may
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de-authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
J. All complaints shall be submitted in writing to the General Manager and/or the
District’s legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
with the accused Director’s written response to the report, shall be presented to
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 12
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director’s defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term:
A. Death of an incumbent;
B. A court’s declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
H. Conviction of a felony;
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13
I. Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 14
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed annually at the District’s reorganization meeting held at the first regular
meeting of the Board in December of each year or as necessary.
H. Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager’s contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 15
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmed annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year or as necessary.
F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board or deemed
appropriate by the General Manager, shall each give a bond to the District
conditioned for the faithful performance of his/her duties as the Board may provide.
Payment for the provision of these bonds shall be provided by the District.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
7.2 District Legal and Labor Counsel
A. The District’s Legal and Labor Counsel are law firms that are appointed by the
Board of Directors and report to the Board during Board meetings.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 16
1. Legal Counsel shall serve as the attorney for the District in all legal matters
pertaining to the operation, maintenance, and other related business of the
District. Legal Counsel shall perform such duties as the Board or General
Manager may request, and shall (1) review all Board actions to insure
legality and acceptability under law; (2) prepare or review legal documents
and provide legal counsel, as required by the Board or General Manager;
and (3) attend and/or participate in Board meetings and other meetings as
directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District in all legal matters
pertaining to employment law and other related business of the District.
Labor Counsel shall perform such duties as the Board or General Manager
may request, and shall (1) review all employment related matters to insure
legality and acceptability under law; (2) prepare or review employment and
labor related documents and provide legal counsel, as required by the
Board or General Manager and (3) attend and/or participate in Board
meetings and other meetings as directed by the Board or the General
Manager.
7.3 District Auditor
A. The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 17
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors’ Compensation
A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day’s attendance at meetings of the Board and other meetings
attended at the request of the Board, including reasonable and necessary travel
time (see Appendix 1). Compensation for any type of service shall not exceed ten
days in any calendar month.
B. Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1. Association of California Water Agencies (ACWA)
2. Association of California Water Agencies – Joint Powers Insurance
Authority (ACWA-JPIA)
3. American Water Works Association (AWWA)
4. California Association of Sanitation Agencies (CASA)
5. California Special Districts Association (CSDA)
6. California-Nevada Section of American Water Works Association (CA-NV
AWWA)
7. City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
8. Colorado River Water Users Association (CRWUA)
9. Independent Special Districts of Orange County (ISDOC)
10. Metropolitan Water District of Southern California (MWD or MET)
11. Municipal Water District of Orange County (MWDOC)
12. Orange County Local Agency Formation Commission (OC LAFCO)
13. Orange County Sanitation District (OCSD)
14. Orange County Water Association (OCWA)
15. Orange County Water District (OCWD)
16. Special District Leadership Foundation (SDLF)
17. Urban Water Institute (UWI)
18. Water Advisory Committee of Orange County (WACO)
C. Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
D. Directors shall complete an Activity Report and Compensation Form (see Exhibit
D) on a monthly basis. Directors have until the 15th day of the following month to
file said reports with the General Manager or his/her designee. If an activity report
is not returned by this deadline, no compensation shall be paid to the Director for
that reporting period.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 18
E. All activity reports shall be reviewed and approved by the President or the Vice
President.
F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment. The Board shall consider its
compensation rate following the reorganization meeting held at the first regular
meeting of the Board in December of each year. If the Board recommends an
increase in the amount of compensation, an Ordinance shall be considered and
adopted by the Board according to the following procedures:
1. A public hearing shall be held prior to adoption of the Ordinance.
2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing.
3. The Ordinance shall become effective 60 days from the date of its final
passage.
G. The District does not provide any of its Directors with loans.
9.2 Benefits
A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees. A Director is also eligible for District-provided post-service
health benefits if the following conditions are satisfied: the Director’s term began
before January 1, 1995 and continued uninterrupted until on or after May 27, 2010;
and the Director began receiving health benefits from the District before January
1, 1994. The rate of accrual for post-service health benefits is one year of benefits
for each three years of service to the District as a Director. In addition to the terms
and conditions provided herein, any terms or conditions set forth in the personnel
rules of the District that are applicable to retiree health benefits shall also apply to
post-service health benefits for Directors, except those conditions relating to good
standing and adequate notice of retirement. Directors are also eligible for District-
provided Group Life insurance and Accidental Death and Dismemberment
insurance in amounts up to $10,000 each. Additionally, Directors may elect to
participate in the District’s deferred compensation plan. Enrollment in any of the
above benefits plans is subject to the rules and restrictions of the plans.
9.3 Travel Expense Reimbursement
A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board. Attendance at an event must be preapproved
or ratified by a majority vote of the Board in order to be considered as an activity
for the purposes of payment or reimbursement of travel expenses. Directors’ rates
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 19
for reimbursement and payment of travel expenses shall not be greater than rates
specified for District employees.
B. Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night (Or Published Group/Govt Rate)
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursable amount cannot be more than the amount set forth above. On the
rare occasion the group/government rate is more than the amount set forth above,
the reimbursable amount shall equal the group/government rate. In the event a
more expensive class of transportation is used, the reimbursable amount shall be
limited to the cost of the most economical class of transportation available as
identified above.
E. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board in a public meeting.
F. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be reimbursed
on a daily basis not to exceed $75 per day. Meal expenses for partial days shall
be reimbursed on a meal by meal basis as follows: $15 for breakfast, $25 for lunch,
and $35 for dinner. Said maximums for meal expenses exclude taxes and
gratuities which are considered actual and necessary expenses (see Section 9.3.
G). Any amount spent over the daily or partial day reimbursable amounts set forth
in this section may not be deducted from another day’s reimbursable amount
during that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to another
day’s reimbursable amount during that same activity. No reimbursement shall be
provided for alternative meals when the District has paid for the cost of the activity
including any incorporated meals. Attendance at receptions before dinner shall
not be considered a meal.
G. Actual and necessary expenses include taxes and gratuities for meals, tips for
porters, baggage carriers, bell hops, and housekeepers. This does not include the
cost of laundry, cleaning or pressing of clothes, or telephone calls.
H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act. In
no case shall the amount paid for mileage reimbursement for use of a personally
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 20
owned vehicle used for travel in lieu of air travel exceed the cost of coach class or
equivalent airfare.
I. The District shall not incur any costs for a spouse, or other accompanying person.
J. In order to obtain reimbursement for qualified expenses, the following procedures
must be followed:
1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit E) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred.
2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit F) for local meeting attendance, together
with all original itemized receipts and corresponding route maps, within 30
calendar days following the end of each month.
3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
5. All expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager.
6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document.
7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the
expense.
8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit H) for such expenses paid in cash without a receipt.
9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
K. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 21
conference or training event when it is apparent that there is no significant benefit
to the District.
L. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance. Said report shall detail what was learned at the
session(s) that will be of benefit to the District and can be submitted in written or
verbal form though ideally no longer than three minutes. Materials from session(s)
may be delivered to the General Manager for inclusion in the District’s library for
future use.
9.4 District Issued Credit Cards
A. Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B. Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
C. Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D. Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit I) in accordance with established
procedures.
3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director’s
choosing. Qualifying electronic equipment and related items shall include
tablets, laptop computers, tablet/laptop covers or cases, protective screen
wraps, and downloadable applications specific to the conduct of District
business, such as word processing, spreadsheet or PDF annotation
applications.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 22
4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director’s Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B. Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
C. Failure to submit a completed form within this time frame shall result in a denial of
the Director’s request for reimbursement of the expense.
1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2. Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
E. All communications expense reimbursement requests shall be reviewed and
approved by the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and approved by the President or Vice President.
9.6 Disclosure of Expenditures/Reimbursements
A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
paid to any Director. This report shall be made available for public inspection upon
request.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 23
C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A. All regular meetings of the Board shall be held on the second and fourth Tuesday
of each month. If these days happen to coincide with a holiday designated by law
or otherwise recognized by the District, the meeting shall be rescheduled to a date
and time as determined by a majority vote of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting will generally commence
at 5:30 p.m. or 6:00 p.m. depending on time requirements and may be noticed
separately as a special meeting. Regular meetings shall commence at 6:30 p.m.
Any member of the Board may make a motion to complete any item under
discussion during meetings lasting more than four hours from the time of
commencement. All remaining items on the agenda which have not been acted
upon shall be continued to the next regular meeting or as specified by the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A. 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, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 24
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C. A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D. A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District’s website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 25
G. A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H. All non-exempt writings related to an agenda item and distributed to a majority of
the Board less than 72 hours prior to the meeting shall be made available for
public review at the same time.
I. Any Director may contact the General Manager and request an item to be placed
on an agenda no later than 48 hours before an agenda is scheduled to be closed.
In general, all agendas will be closed on Wednesday at 12:00 p.m. the week prior
to the meeting date.
J. Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 26
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
may be outside the District’s jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District’s jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 27
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2. Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Comments
3. Public Hearings
4. Consent Calendar
5. Action Calendar
6. Discussion Calendar
7. Informational Reports and Other Business
8. Closed Session(s)
9. Adjournment
I. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which they wish to comment. If the matter relates to
an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. Comments are limited to
matters of public interest within the jurisdiction of the District, and shall be no more
than three minutes in length unless a time extension is granted by the Presiding
Officer. A maximum of 20 minutes shall be allotted for each subject matter
pursuant to the discretion of the Presiding Officer. No action shall be taken on
matters not appearing on agenda.
J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 28
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (With a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J-K.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 29
O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained in accordance with the District’s records retention policy..
BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always conduct its meetings with formal
“rules of order” or parliamentary procedure.
C. The Presiding Officer shall read aloud the description of each item on the agenda
as considered with the exception of items on the Consent Calendar.
D. Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 I).
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 30
E. Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
G. Any Director moving the adoption or approval of a matter may call for the question.
H. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
J. All motions shall be adopted by roll call vote. The Secretary shall record in the
Minutes any dissenting and abstaining votes, or disqualification from voting due to
a conflict of interest.
K. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
L. The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 31
BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Assessment Survey of Governing Body’s Effectiveness
C. Sample Conflict of Interest Declarations
D. Activity Report and Compensation Form
E. Travel Expense Reimbursement Form
F. Meeting and Mileage Expense Reimbursement Form
G. Missing Receipt Affidavit Form
H. Miscellaneous Gratuities Form
I. Communications Expense Reimbursement Form
J. Waiver of Written Notice of Special and Emergency Meetings
K. General Guidelines for Parliamentary Procedure
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
Exhibit A
E3
YORBA LINDA WATER DISTRICT
Acknowledgement Form
By signing below, the Director hereby acknowledges and agrees that he/she:
a) Has read this manual and understands its expectations;
b) Will comply with all local, state, and federal laws and regulations as an inherent quality
of ethical behavior;
c) Pledges to uphold a standard of integrity and competence beyond that required by law;
d) Will treat all persons, claims and transactions in a fair and equitable manner; and
e) Fully understands they are subject to the Board's admonition, sanction and censure,
depending on their ability to exemplify the ethical and professional behavior promoted by this
manual.
Director's Name (Printed): Date:
Director's Signature:
Distribution: Original to Personnel File
Copy: Director
Exhibit B
ASSESSING GOVERNING BOARD EFFECTIVENESS
NAME: I
This survey was developed by Len Wood &Associates to help assess the effectiveness of the governing body and its
relationship with staff. Please address each statement by allocating points as follows:
"0" if you feel the statement is very true.
"T' if you feel the statement is somewhat true.
"2" if you feel the statement is somewhat untrue.
"3" if you feel the statement is very untrue.
Do not spend too much time on any statement. Your first reaction is usually best. Answer the way things are- not the
way you would like them to be.
ISSUE POINTS
1. Board meetings start on time.
2. All board members feel free to express their opinions.
3. All members are contributing members of the board team.
4. The elected body does not attempt to micro-manage.
5. While they may not like some of the decisions, people percieve the board as fair.
6. Staff provides a recommendation on every issue no matter how controversial.
7. The board has an overall vision for the community.
8. The chair keeps audience members informed of board issues and actions.
9. Our board gets things done.
10. There is agreement on who is ultimately responsible for putting items on and/or removing them
from the agenda.
11. Members feel free to critique each other's positions on issues.
12. The board works well as a team.
13. Our board does not engage in solution"reengineering" at meetings.
14. Board members avoid berating members of the audience; even if provoked.
15. The board conducts timely and meaningful evaluations of the manager's performance.
16. The board has developed its own mission or goal statement.
17. The chairperson prevents dominating board members from having a disproportionate influence.
18. The board does not get stalemated over the process or procedures.
19. The board does not spend too much time modifying or correcting the minutes at meetings.
20. Civilized disagreement is a board strength.
Exhibit B
21. Team members actively listen to each other.
22. Staff does not get overly involved in policy decisions.
23. Meaningful public participation is encouraged.
24. Staff does not filter the information it passess on to the board.
25. Members know what the board's top five goals are.
26. The chairperson protects board members from audience or colleague attacks.
27. The board made significant progress on its top goals last year.
28. Operating rules and procedures are known by all board members.
29. "Baggage"from one argument is not carried to the next.
30. While board members may have positions, minds are not made up before meetings.
31. Individual board members do not try to influence personnel decisions.
32. Board members keep the audience informed of each item, the issue, the background and
possible decisions.
33. Staff follows through as promised.
34. Day-to-day decisions are consistent with the board's overall goals.
35. The chairperson prevents premature rejection of new thoughts without a fair evaluation.
36. Board members do their homework before meetings.
37. The agenda packet is"user friendly".
38. Decisions are usually made only after each members has had his/her say.
39. Members are open with eachother.
40. Board members aduequately communicate goals and philosophies to staff.
41. Members of the audience do not feel intimitated when appearing before the board.
42. Openness and trust exists between the board and staff.
43. The board develops an annual work program with clear objectives.
44. The chairperson does not unfairly use the powers of the position to win a point or argument.
45. The board is not reluctant to make an important, yet controversial decision.
46. Staff provides all the significant alternatives in their staff reports.
47. Members know how to keep conflict from becoming destructive.
48. The board does not operate as an exclusive country club.
49. The board is not complacent about its oversight responsibilities.
Exhibit B
50. Board members take care to observe the appearance as well as the principle of impartiality.
51. The board and staff do not surprise each other at meetings.
52. Our priorities do not change too often.
53. In our meetings, the discussion rarely drifts off the subject.
54. The board is adept at identifying and exploiting opportunities.
CATEGORY POINTS
A 1A Supportive Framework 0
B lConflict Management Process 0
C JTeamwork 0 1
D Roles 0 1
E lCommunity Rapport 0 1
F IStaff Relationships 0 1
G JClear Sense of Purpose 0 1
H IChairperson Leadership 0 1
Productivity 0 1
TOTAL 0 1
Exhibit C
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YORBA LINDA WATER DISTRICT
Sample Conflict of Interest Declarations
Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the
Board's decision would have a material financial effect (as defined by the Fair Political Practices
Commission regulations) that is distinguishable from its effect on the public generally, on the official, a
member of his/her immediate family, or on any of the following:
• A business entity in which the Board member has a direct or indirect investment worth $2,000 or more;
• A business entity in which the Board member holds a position as a director, officer, partner, trustee,
employee, or holds any position of management;
• A source of income (except gifts or loans by a commercial lending institution made in the regular course
of business on terms available to the public without regard to official status), aggregating $500 or more
in value provided, promised to, or received by, the Board member within 12 months prior to the time a
decision is made;
• A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior
to the time a decision is made; and
• Real property in which the Board member has a direct or indirect interest worth $2,000 or more.
Below are some sample conflict of interest declarations as provided by the District's legal counsel:
1. Decision affects business entity in which a Director has an investment:
I declare that I have a conflict of interest on Agenda Item No. because I have an investment
in Name of Comoanv .
2. Decision affects business entity in which a Director holds a position:
I declare that I have a conflict of interest on Agenda Item No. because I hold a position at
Name of Comoanv , a business that Description of Business Activities
3. Decision affects a source of income/gift:
I declare that I have a conflict of interest on Agenda Item No. because I have received
income or a gift from Name of Source .
4. Decision affects real property in which the Director has a direct/indirect interest:
I declare that I have a conflict of interest on Agenda Item No. because I own real property,
located at Location which may be affected. NOTE: If subject property is the Director's
primary residence simply state that "the property is a residence".
5. Decision related to Closed Session agenda item:
I recuse myself from participating in Agenda Item No. due to a conflict of interest under
Government Code Section 87100.
Exhibit D
YORBA LINDA WATER DISTRICT
Directors Activity Report and Compensation Form
Name (Printed): NOTE: Rate is $150.00 per day.
Month:
For Admin
Use Only
Date Meeting Description Code Rate
Total Compensation Amount: $
Director's Signature: Date:
R=YLWD Regular BOD Mtg S=YLWD Special BOD Mtg I C=YLWD Committee Mtg 1 O= Other Mtg, Conference, or Event
Fax to 714-701-3028 or scan and e-mail to the Executive Assistant.
Page 1 of 2
YORBA LINDA WATER DISTRICT
El Travel Expense Reimbursement Form
Original itemized receipts and
Name: corresponding route maps must be attached.
Conference Name:
Destination/Location:
Purpose of Trip: _
Departure Date: Return Date:
Itemized Expenses
Travel Date 7 Expense Paid Expense Paid Total Business
By YLWD By Director Expenses
Breakfast 0.00
Lunch 0.00
Dinner 0.00
Airfare 0.00
Lodging 0.00
Cab/ Shuttle �_ 0.00
Auto Rental 0.00
Fuel / Oil _ 0.00
Parking / Toll 0.00
Mileage _ 0.00
Misc/ Tips 0.00
Conference Fee 0.00
Membership Fee 0.00
Total $ 0.00 0.00 0.00
Total Due Director: $0.00
1 hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items.
rn
Director's Signature: Date: X
s
Reviewer's Signature: Date: m
Page 2 of 2
YORBA LINDA WATER DISTRICT
El Travel Expense Reimbursement Form
Original itemized receipts and
Name: corresponding route maps must be attached.
Mileage Date Destination _ Miles 0.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total $ 0.00
Misc/ Tips Date Description Amount
I
Total $ 0.00 m
X
E
as
rn
YORBA LINDA WATER DISTRICT 10 I AL EXPENSES: $0.001
Meeting and Mileage Expense Reimbursement Form
Name:
Month: Current Rate=
Date Purpose Location Miles Meals Parking Other
I 1
I 2
I 3
I 4
I 5
I 6
I 7
I 8
I 9 _
I 10
I 11
I 12
I 13
I 14 _
I 15
I 16
I 17
I 18
I 19
I 20
I 21
I 22
I 23
I 24
I 25
I 26 _
I 27 _
I 28 _
I 29
I 30
I 31
Total Miles: 0
TOTALS: $0.00 $0.00 $0.00 $0.001
Director's Signature Date Original itemized receipts and corresponding
route maps must be attached. m
K
Reviewer's Signature Date
TI
Exhibit G
E3
YORBA LINDA WATER DISTRICT
Missing Receipt Affidavit Form
Please retain this form with the District's financial records in case of an audit.
Name (Printed):
I certify that I made the purchase shown below for District purposes but do not have a receipt because
(check all that apply):
Vendor did not provide a detailed receipt.
I had a receipt but cannot locate it.
I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided
in order to describe the items purchased.
Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice.
Vendor Name
City
Date of Purchase
Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount
Total Purchase Amount $
This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above
(and on the attached, if applicable) were purchased and received for District business.
Director's Signature: Date:
NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt.
Exhibit H
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YORBA LINDA WATER DISTRICT
Miscellaneous Gratuities Form
Please retain this form with the District's financial records in case of an audit.
Name (Printed):
Conference/Event Name:
The following gratuities were paid in cash and are directly related to my attendance at the above listed
conference/event:
Date Location Purpose Amount
Total Amount $
This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed
above (and on the attached, if applicable) were for District business.
Signature: Date:
Exhibit I
E3
YORBA LINDA WATER DISTRICT
Communications Expense Reimbursement Form
Director's Name (Printed):
The purpose of this form is to identify and provide proof of purchase and original itemized receipts for
the reimbursement of Director incurred expenses for obtaining electronic equipment and related items
in order to receive and access agendas and other District information distributed to the Board via
electronic means.
NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director's Form W-2 as taxable income.
Date Description Amount
Total Expenses: $
Less Paid by YLWD: $
Total Reimbursement Amount: $
1 agree that all expenses submitted on this form are for District purposes only. I also agree that it is my
responsibility to provide proof of purchase and original itemized receipts along with this completed form
to the Finance Manager or the General Manager within 30 days of purchase.
Director's Signature: Date:
Reviewer's Signature: Date:
Exhibit J
E3
YORBA LINDA WATER DISTRICT
Waiver of Written Notice of Special and Emergency Meetings
(Date)
Board of Directors
Yorba Linda Water District
PO Box 309
Yorba Linda CA 92885
Dear President and Fellow Board Members:
This letter is to serve as a written waiver of receiving written notice of special and
emergency meetings under the Brown Act during my absence from (Date) to
(Date)
Respectively Submitted, 1V,
, Director
Yorba Linda Water District
Cc: General Manager
Exhibit K
YORBA LINDA WATER DISTRICT
Guidelines for Parliamentary Procedure
SPECIAL MEETINGS FOR CLOSED SESSION ONLY
Chair Calls Meeting to Order
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Requests Public Comments (Limited to 3 minutes.)
Before Closed Session
Chair reads description of Closed Session(s)
Chair requests motion/second to adjourn to Closed Session.
Chair asks if all in favor.
After Closed Session
Chair reconvenes meeting in Open Session.
Chair, GM, or Legal Counsel reports any action taken during Closed Session if required.
Chair Adjourns Meeting
REGULAR MEETINGS
Chair Calls Meeting to Order
Chair Leads Pledge of Allegiance
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Asks GM if Additions / Deletions to Agenda
Addition requires 2/3 vote by roll call, or all Directors if only 3 present. Matter must have
come to District's attention subsequent to posting of agenda and requires immediate
action by the Board.
Introductions and Presentations
Reserved for staff introductions, special presentations, and comments from other
elected official liaisons.
Exhibit K
Chair Requests Public Comments (Limited to 3 minutes.)
Comments related to items on agenda are taken when item is considered.
Consent Calendar
Chair asks if Directors or public have any questions or comments on Consent Calendar.
If _, Chair asks for motion/second and requests roll call vote.
If YES, Chair indicates item does not need to be formally removed from Consent
Calendar.
Chair asks for public comments.
Board proceeds with questions or comments.
Following all comments, Chair asks for motion/second and requests roll call vote.
If YES and Director or public requests removal of item(s) from Consent Calendar,
Chair indicates item(s) will be removed from Consent Calendar and considered
separately.
Chair asks for public comments on items remaining on Consent Calendar.
Following comments, Chair asks for motion/second and requests roll call vote.
Items Removed From Consent Calendar
(See Action Calendar)
Action Calendar
Chair reads item description.
GM requests staff to provide report.
Chair opens floor to public comments.
Board proceeds with discussion of item.
Following discussion, Chair asks for motion/second. Chair restates motion and
requests roll call vote.
MAIN MOTION PROCESS
Director makes clearly worded motion to take action (e.g. "I move to..."). Motion must be
seconded. If no further discussion, Chair requests roll call vote. If additional discussion
occurs, Chair restates motion prior to requesting roll call vote.
Appendix 1
Appendix 1
ITEM NO. 8.3.
III
moulton niguel water district
March 19, 2018
VIA EMAIL AND US MAIL
Al Nederhood
Board President
Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870-6785
Dear Mr. Nederhood:
I would like to announce my candidacy for the position of Special District Representative to the Orange
County Local Agency Formation Commission (LAFCO). I am honored to have the unanimous support of my
fellow members of the Board of Directors of the Moulton Niguel Water District for this position. It would
be my honor to receive the support of your district to represent you as a Special District Commissioner for
LAFCO.
have served as a Director for the Moulton Niguel Water District since 2014. As a Director, I chair the
District's Citizens Advisory Committee and serve on the Audit Ad-hoc and Outreach Ad-hoc committees.
advocate for open communications and transparency in government as we receive public input,
deliberate and ultimately make decisions that affect both special districts and our citizens throughout
Orange County. I have an unwavering commitment to local decision-making, local control and fiscal
responsibility. With the many issues that may arise this year at LAFCO, I pledge to you if elected that I will
always listen to the Special Districts, local communities and stakeholders I represent in matters that come
before me.
My business background involves forty-one years experience in the utility industry, having worked with
Southern California Gas Company and San Diego Gas and Electric. My experience ranges from Operations
to Risk Management and Human Resources, with my last eighteen years in External Relations, where I
work daily with local elected officials, city/municipal staffs and the public at large. I have been extremely
active in local chambers of commerce and civic, political and other community organizations within this
region. I believe that my work and elected background has provided me the experience necessary to make
the thoughtful decisions that you expect as a LAFCO Commissioner. I invite you to contact me directly at
(714) 309-5733 or dcave@mnwd.com to answer any questions you may have or to discuss my
qualifications and candidacy in greater detail.
BOARD OF Duane D.Cave Scott Colton Richard Fiore Donald Froelich Gary R.Kurtz Larry Lizotte Brian S.Probolsky
DIRECTORS DIRECTOR VICE PRESIDENT DIRECTOR PRESIDENT DIRECTOR DIRECTOR VICE PRESIDENT
27500 La Paz Rd Laguna Niguel,CA 92677 ' 949.831.2500 I mnwd.com
MATERIALS SUBMITTED BY: Brett Barbre
MEETING DATE: March 27, 2018
ITEM NO. 8.3.
Thank you for your time. I would be honored to receive your district's support for my candidacy for LAFCO
Special District Representative.
Sincerely,
Duane D. Cave
Director
cc: Marc Marcantonio, General Manager
27500 La Paz Rd Laguna Niguel,CA 92577 949,831. 2500 mnwd.corn
MATERIALS SUBMITTED BY: Brett Barbre
MEETING DATE: March 27, 2018