Loading...
HomeMy WebLinkAbout2013-04-01 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Monday, April 1, 2013, 11:00 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 4. 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 five minutes. 5. 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. 5.1. RECRUITMENT FOR THE POSITION OF GENERAL MANAGER A. Job Flyer (To be provided at the meeting.) B. Final Job Description C. Draft Employment Agreement D. Compensation Study E. Assessment / Selection Process (Verbal Report) F. Recruitment Schedule (Verbal Report) 6. ADJOURNMENT 6.1. The next Board of Directors Regular Meeting will be held Thursday, April 11, 2013 at 8:30 a.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. 5.1 AGENDA REPORT Meeting Date: April 1, 2013 Subject: RECRUITMENT FOR THE POSITION OF GENERAL MANAGER A. Job Flyer (To be provided at the meeting.) B. Final Job Description C. Draft Employment Agreement D. Compensation Study E. Assessment / Selection Process (Verbal Report) F. Recruitment Schedule (Verbal Report) ATTACHMENTS: Name: GM Job Flyer.pdf GM Job Description Final.pdf GM Job Description Highlighted.pdf GM Employment Agreement Draft.pdf GM Employment Agreement Draft Highlighted.pdf GM Salary Survey.pdf ME Pay Plan.pdf Proposed GM Salary Ranqe.pdf Description: Type Backup Material Distributed Less Than 72 Hours Prior to the Meeting - GM Job Flyer Backup Material Job Description Backup Material Backup Material Distributed Less Than 72 Hours Prior to the Meeting - GM Job Description Backup Material Employment Agreement Backup Material Backup Material Distributed Less Than 72 Hours Prior to the Meeting - GM Employmnet Agreement Backup Material Compensation Study Backup Material Backup Material Distributed Less Than 72 Hours Prior to the Meeting - ME Pay Plan Backup Material Backup Material Distributed Less Than 72 Hours Prior to the Meeting - Proposed GM Salary Range Backup Material a `r 1� 11=w _ - A .W m GENERAL MANAGER Ter Yorba Linda Water District Backup Material Distributed Less Than 72 Hours Prior to the Meeting YORBA LINDA WATER DISTRICT The Community Yorba Linda is home to the Richard M. Nixon Presidential Library, Birthplace and Burial Site. Located 34 miles southeast of downtown Los Angeles, the community nestles against the foothills of northeast Orange County. The District is located approximately 10 miles northeast of Disneyland. Topography within the service area varies from about 250 to 1,275 feet above sea level. The Yorba Linda climate is typical of the coastal plain of southern California with an average annual rainfall of about 14 inches and an average annual temperature of about 64 degrees Fahrenheit. The District The Yorba Linda Water District's service area is generally a suburban bedroom community. The majority of residents are professional white collar workers. Retail service businesses are located throughout the District's service area. No heavy industrial or manufacturing occurs within the District's boundaries. There are several light - industrial and commercial centers located mainly in the northwestern, southern and southeastern portions of the service area. The District proves water, sewer or a combination of both services to residents and businesses within the City of Yorba Linda, and portions of the Cities of Anaheim, Brea, Placentia and unincorporated areas within the county. The Position The General Manager is an at -will, exempt position. Under the direction of the Board of Directors, plans, manages, directs and reviews the activities and operations of the Yorba Linda Water District; coordinates District services and activities among District Departments and with outside agencies; provides highly responsible and complex administrative support to the Board of Directors; manages politically sensitive, confidential and complex assignments; represents the Board of Directors and the District at meetings, hearings and at specific functions; provides detailed information to the public media regarding District programs and projects; exercises direct supervision over management staff. The duties listed below are illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar to this position. • Assume full management responsibility for all District services and activities including, but not limited to, Engineering, Operations, Finance, Human Resources and Risk Management, Information Technology and Public Affairs. • Directs, manages and administers the development and implementation of District goals, objectives, policies and priorities for each service area; establishes appropriate service and staffing levels; allocates resources accordingly. • Develops, plans organizes coordinates, integrates and evaluates the work assigned to professional and technical staff and consultants to achieve the District's mission and vision. • Continuously monitors and evaluates the efficiency and effectiveness of District services; identifies opportunities for improvement; directs the implementation of changes. • Represents the District to elected officials and outside agencies; explains and justifies District programs, policies and activities; negotiates and resolves sensitive, significant and controversial issues. • Provides leadership and professional staff assistance to the Board of Directors and management to develop and retain highly competent, customer service- oriented staff through selection, compensation, training and day -to -day management practices that support the District's mission. • Interprets District rules and regulations, applicable state and federal laws, advises the Board on a Richfield Office Backup Material Distributed Less Than 72 Hours Prior to the Meeting GENERAL MANAGER 0 0 • 0 variety of issues and programs and recommends plans and action programs to the Board. Directs the preparation and administration of the District's annual budget, recommends service rates and water conservation measures, coordinates the preparation and presentation of various agendas, reports and written materials and directs the development and implementation of management systems, procedures and standards on a District - wide basis. Oversees and participates in the development and administration of the District's goals, objectives and budget; directs the forecast of funds needed for staffing, equipment, materials and supplies. Directs the selection, supervision and work evaluation of the District's management team and monitors and implements employee relations and staff development procedures. Represents the Board and the District in contacts with various governmental agencies, community groups and business, professional and other organizations, and ensures in coordination with the District General Legal Counsel that the District is in compliance with all contractual and legal requirements. • Participates on a variety of boards and commissions; attends and participates in professional groups and committees. • Monitors State, Federal and local funding options available to the District. Well # 19 and the District Warehouse in the Background • Graduation from a four -year college or university accredited by the Accrediting Commission of Career Schools and Colleges, the Accrediting Counsel for Independent Colleges and Schools, or other national accreditation organization recognized by the United States Department of Education or the Counsel for Higher Education Accreditation (CHEA), with a degree in Public/Business Administration, Engineering, Water Management Political Science or other related field. A Masters degree is preferred. • Ten (10) years of increasingly responsible professional management experience, including five (5) years of responsible managerial and /or administrative responsibility working with elected officials or an equivalent combination of training and experience. • Responds to and resolves difficult confidential and sensitive inquiries and complaints. Abilities and Knowledge • Plans, organizes and directs, through department managers, the work of the District's staff and coordinates the work with outside agencies, contractors and consultants. • Performs related duties and responsibilities as required. The Candidate Education and Experience A typical way to obtain the knowledge, skills and abilities previously mentioned would be: • Apply effective leadership skills and coordinate the activities of the water district. • Identify and respond to public, Board of Directors and management issues and concerns. • Communicate clearly and concisely, both orally and in writing. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of District goals. • Establish and maintain cooperative working relationships with those contacted in the course of Backup Material Distributed Less Than 72 Hours Prior to the Meeting business including the Board of Directors, other government agencies, private firms and officials, community groups, the general public and media representatives. • Plan, organize, administer and coordinate a variety of services and programs. • Select, motivate, supervise and evaluate staff and provide for their training and development. • Develop and implement goals, objectives, policies, procedures, work standards and internal controls. • Prepare clear, concise reports and deliver effective oral presentations. • Exercise sound, independent judgment within general policy guidelines. • While performing the essential functions of this job, the employee is regularly required to use oral and written communications skills; read, interpret and understand complex data, information and documents such as, but not limited to, professional journals, technical procedures, government regulations, safety regulations as well as District policies and procedures. Compensation The salary for this position is within an established range of $XXX to $XXX per year and will be dependent upon the qualifications and experience of the selected candidate. In addition, the District pays 100% of the premium cost for health, dental and vision for all employees and two- thirds of the premium cost for dependents; participates in the California Public Employees Retirement System (2.5% at 67 under AB 340 legislation); offers employees a "4/10" alternative work schedule; a 457 deferred compensation plan (dollar for dollar match not to exceed 2% salary earned per payroll period); a 125 Flex- benefits plan; Long and Short Term Disability; Life Insurance; Employee Assistance Program; Tuition Reimbursement (up to $5,250 /year); a Car Allowance and Credit Union Membership. Employees accrue two weeks of vacation annually. After five years of service with the District, employees accrue vacation at the rate of three weeks per year; after 10 years, employees accrue vacation at the rate of three and one -half weeks per year; after 15 years, employees accrue vacation at the rate of four weeks per year; after 20 years, employees accrue vacation at the rate of four and one -half years. In addition, Management Leave is accrued at a rate of 40 hours per fiscal year. Sick Leave is accrued at a rate of 3.70 hours per pay period. The District observes eleven paid holidays per year. To Apply FILING DATE: The opening date for this position is May 6, 2013. A completed Yorba Linda Water District application, cover letter, resume, degrees and certifications must be submitted online by 5:00 p.m. on June 17, 2013. The job posting and application are available online at www.ylwd.com. Please click on JOBS to access the complete job description, list of benefits and the application. Resumes submitted in lieu of a District application will not be considered. If you have any questions, please contact Bryan Melton at (714) 701- 3034. You may also email your questions to: bmelton @ylwd.com. Selection Process Candidates with the most relevant qualifications will be invited to continue in the selection and interview process. Final candidates must pass a pre - employment physical examination and a thorough background investigation. YLWD is an Equal Opportunity Employer. 1717 E. Miraloma Administrative Building Backup Material Distributed Less Than 72 Hours Prior to the Meeting YORBA LINDA WATER DISTRICT GENERAL MANAGER (Exempt — At Will Position) nFFINITIOKI Revised: November 2012 Under the direction of the Board of Directors, plans, manages, directs and reviews the activities and operations of the Yorba Linda Water District; coordinates District services and activities among District Departments and with outside agencies; provides highly responsible and complex administrative support to the Board of Directors; manages politically sensitive, confidential and complex assignments; represents the Board of Directors and the District at meetings, hearings and at specific functions; provides detailed information to the public regarding District programs and projects; exercises direct supervision over management staff. CLASS CHARACTERISTICS This class is responsible for planning, assigning, monitoring, coordinating and evaluating the work of the District's Department Managers. This class has overall responsibility for policy development, water resource planning and distribution, sewer maintenance, fiscal management, employee relations, engineering, administration and operation of all district functions, programs and activities. The employee in this class is responsible for accomplishing District goals and objectives as established by the Board of Directors, implementing the policies of the Board of Directors and representing the Board's policies with employees, community organizations and the general public. The employee in this class is capable of handling extremely complex, politically sensitive and confidential tasks with no direct supervision. EXAMPLES OF DUTIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this position. The duties listed below are at all times subject to modification by the Board and shall be performed subject to the recognition of the Board being responsible for the setting of policy and the exercise of all other duties reserved to it by statutes, law, rule, regulation, or other source. Assume full management responsibility for all District services and activities including, but not limited to, Engineering, Operations, Finance, Human Resources and Risk Management, Information Technology and Public Affairs. • Directs, manages and administers the development and implementation of District goals, objectives, policies and priorities for each service area; establishes appropriate service and staffing levels; allocates resources accordingly. General Manager (At Will Position) Page 2 • Develops, plans, organizes, coordinates, integrates and evaluates the work assigned to professional and technical staff and consultants to achieve the District's mission and vision. • Continuously monitors and evaluates the efficiency and effectiveness of District services; identifies opportunities for improvement; directs the implementation of changes. • Represents the District to elected officials and outside agencies; explains and justifies District programs, policies and activities; negotiates and resolves sensitive, significant and controversial issues. • Provides leadership and professional staff assistance to the Board of Directors and management to develop and retain highly competent, customer service - oriented staff through selection, compensation, training and day -to -day management practices that support the District's mission. • Interprets District rules and regulations, applicable state and federal laws, advises the Board on a variety of issues and programs and recommends plans and action programs to the Board. • Directs the preparation and administration of the District's annual budget, recommends service rates and water conservation measures, coordinates the preparation and presentation of various agendas, reports and written materials and directs the development and implementation of management systems, procedures and standards on a District -wide basis. • Oversees and participates in the development and administration of the District's goals, objectives and budget; directs the forecast of funds needed for staffing, equipment, materials and supplies. • Directs the selection, supervision and work evaluation of the District's management team and monitors and implements employee relations and staff development procedures. • Represents the Board and the District in contacts with various governmental agencies, community groups and business, professional and other organizations, and ensures in coordination with the District General Legal Counsel that the District is in compliance with all contractual and legal requirements. • Participates on a variety of boards and commissions; attends and participates in professional groups and committees. • Monitors State, Federal and local funding options available to the District. General Manager (At Will Position) Page 3 • Responds to and resolves difficult confidential and sensitive inquiries and complaints. • Plans, organizes and directs, through department managers, the work of the District's staff and coordinates the work with outside agencies, contractors and consultants. • Performs related duties and responsibilities as required. QUALIFICATIONS The level and scope of the knowledge and skills listed below are related to experience, proficiency and complexity of assigned work as specified under class characteristics. Knowledge Of: • Administrative principles and practices; including goal setting, program and budget development and implementation and employee leadership and supervision. • Modern and highly complex principals and practices of public administration, employee relations, and organizational management. • Current social, political and economic trends and operating problems of water districts in California. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, goals and operational needs. • Principles and practices of budget preparation and administration; grant solicitation and administration, personnel management including supervision, training and performance evaluations. • Water resources management principles and practices. • Pertinent Federal, State and local laws, codes and regulations as they apply to water agencies. • Funding sources impacting service and program development. • Principles and practices of construction and service contract negotiation and administration. Abilities: • Apply effective leadership skills and coordinate the activities of the water district. • Identify and respond to public, Board of Directors and management issues and concerns. • Communicate clearly and concisely, both orally and in writing. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of District goals. • Establish and maintain cooperative working relationships with those contacted in the course of business including the Board of Directors, other government General Manager (At Will Position) Page 4 agencies, private firms and officials, community groups, the general public and media representatives. • Plan, organize, administer and coordinate a variety of services and programs. • Select, motivate supervise and evaluate staff and provide for their training and development. • Develop and implement goals, objectives, policies, procedures, work standards and internal controls. • Prepare clear, concise reports and deliver effective oral presentations. • Exercise sound, independent judgment within general policy guidelines. • While performing the essential functions of this job, the employee is regularly required to use oral and written communications skills; read, interpret and understand complex data, information and documents such as, but not limited to, professional journals, technical procedures, government regulations, safety regulations as well as District policies and procedures. Typical Physical Activities • Travels frequently by motor vehicle in conducting District business; travels from site to site; hear and respond to traffic and warning noises while on the job site. • Travel to include air travel and overnight stays at out of town locations. • Must be able to communicate effectively, both orally and in writing with the Board, co- workers, managers, and with customers. • Regularly uses a telephone and mobile cellular phone for communication. • Uses office equipment such as computer terminals, copiers and fax machines. • Sits for extended time periods. • Regularly required to stoop, stand, bend, sit and walk and go up and down stairs. • Ability to lift 10 -25 pounds. Desirable Qualifications A typical way to obtain the knowledge, skills and abilities outlined above would be: Education: Graduation from a four -year college or university accredited by the Accrediting Commission of Career Schools and Colleges, the Accrediting Council for Independent Colleges and Schools, or other national accreditation organization recognized by the United States Department of Education or the Council for Higher Education Accreditation ( "CHEA "), with a degree in Public /Business Administration, Engineering, Water Management Political Science or other related field. A Masters degree is preferred. Experience: Ten (10) years of increasingly responsible professional management experience, including five (5) years of responsible managerial and /or administrative responsibility working with elected officials or an equivalent combination of training and experience. General Manager (At Will Position) Page 5 Other Requirements: Driver's License: Possession of a valid California Class C driver's license may be required at the time of appointment. Failure to obtain or maintain such required license(s) may be cause for disciplinary action. Individuals who do not meet this requirement due to a physical disability will be considered for accommodation on a case -by -case basis. Possession and proof of a good driving record as evidenced by freedom from multiple or serious traffic violations or accidents for at least two (2) years duration. The driving record will not contribute to an increase in the District's automobile rates. Approved by the following: Board President Date Human Resources and Risk Manager Date YORBA LINDA WATER DISTRICT Revised: November 2012 GENERAL MANAGER (Exempt — At Will Position) DEFINITION Under the direction of the Board of Directors, plans, manages, directs and reviews the activities and operations of the Yorba Linda Water District; coordinates District services and activities among District Departments and with outside agencies; provides highly responsible and complex administrative support to the Board of Directors; manages politically sensitive, confidential and complex assignments; represents the Board of Directors and the District at meetings, hearings and at specific functions; provides detailed information to the public regarding District programs and projects; exercises direct supervision over management staff. CLASS CHARACTERISTICS This class is responsible for planning, assigning, monitoring, coordinating and evaluating the work of the District's Department Managers. This class has overall responsibility for policy development, water resource planning and distribution, sewer maintenance, fiscal management, employee relations, engineering, administration and operation of all district functions, programs and activities. The employee in this class is responsible for accomplishing District goals and objectives as established by the Board of Directors, implementing the policies of the Board of Directors and representing the Board's policies with employees, community organizations and the general public. The employee in this class is capable of handling extremely complex, politically sensitive and confidential tasks with no direct supervision. EXAMPLES OF DUTIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this position. The duties listed below are at all times subject to modification by the Board and shall be performed subject to the recognition of the Board being responsible for the setting of policy and the exercise of all other duties reserved to it by statutes, law, rule, regulation, or other source. Assume full management responsibility for all District services and activities including, but not limited to, Engineering, Operations, Finance, Human Resources and Risk Management, Information Technology and Public Affairs. • Directs, manages and administers the development and implementation of District goals, objectives, policies and priorities for each service area; establishes appropriate service and staffing levels; allocates resources accordingly. Backup Material Distributed Less Than 72 Hours Prior to the Meeting General Manager (At Will Position) Page 2 • Develops, plans, organizes, coordinates, integrates and evaluates the work assigned to professional and technical staff and consultants to achieve the District's mission and vision. • Continuously monitors and evaluates the efficiency and effectiveness of District services; identifies opportunities for improvement; directs the implementation of changes. • Represents the District to elected officials and outside agencies; explains and justifies District programs, policies and activities; negotiates and resolves sensitive, significant and controversial issues. • Provides leadership and professional staff assistance to the Board of Directors and management to develop and retain highly competent, customer service - oriented staff through selection, compensation, training and day -to -day management practices that support the District's mission. • Interprets District rules and regulations, applicable state and federal laws, advises the Board on a variety of issues and programs and recommends plans and action programs to the Board. • Directs the preparation and administration of the District's annual budget, recommends service rates and water conservation measures, coordinates the preparation and presentation of various agendas, reports and written materials and directs the development and implementation of management systems, procedures and standards on a District -wide basis. • Oversees and participates in the development and administration of the District's goals, objectives and budget; directs the forecast of funds needed for staffing, equipment, materials and supplies. • Directs the selection, supervision and work evaluation of the District's management team and monitors and implements employee relations and staff development procedures. • Represents the Board and the District in contacts with various governmental agencies, community groups and business, professional and other organizations, and ensures in coordination with the District General Legal Counsel that the District is in compliance with all contractual and legal requirements. • Participates on a variety of boards and commissions; attends and participates in professional groups and committees. • Monitors State, Federal and local funding options available to the District. Backup Material Distributed Less Than 72 Hours Prior to the Meeting General Manager (At Will Position) Page 3 • Responds to and resolves difficult confidential and sensitive inquiries and complaints. • Plans, organizes and directs, through department managers, the work of the District's staff and coordinates the work with outside agencies, contractors and consultants. • Performs related duties and responsibilities as required QUALIFICATIONS The level and scope of the knowledge and skills listed below are related to experience, proficiency and complexity of assigned work as specified under class characteristics. Knowledge Of: • Administrative principles and practices; including goal setting, program and budget development and implementation and employee leadership and supervision. • Modern and highly complex principals and practices of public administration, employee relations, and organizational management. • Current social, political and economic trends and operating problems of water districts in California. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, goals and operational needs. • Principles and practices of budget preparation and administration; grant solicitation and administration, personnel management including supervision, training and performance evaluations. • Water resources management principles and practices. • Pertinent Federal, State and local laws, codes and regulations as they apply to water agencies. • Funding sources impacting service and program development. • Principles and practices of construction and service contract negotiation and administration. Abilities: • Apply effective leadership skills and coordinate the activities of the water district. • Identify and respond to public, Board of Directors and management issues and concerns. • Communicate clearly and concisely, both orally and in writing. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of District goals. • Establish and maintain cooperative working relationships with those contacted in the course of business including the Board of Directors, other government Backup Material Distributed Less Than 72 Hours Prior to the Meeting General Manager (At Will Position) Page 4 agencies, private firms and officials, community groups, the general public and media representatives. • Plan, organize, administer and coordinate a variety of services and programs. • Select, motivate supervise and evaluate staff and provide for their training and development. • Develop and implement goals, objectives, policies, procedures, work standards and internal controls. • Prepare clear, concise reports and deliver effective oral presentations. • Exercise sound, independent judgment within general policy guidelines. • While performing the essential functions of this job, the employee is regularly required to use oral and written communications skills; read, interpret and understand complex data, information and documents such as, but not limited to, professional journals, technical procedures, government regulations, safety regulations as well as District policies and procedures. Typical Physical Activities • Travels frequently by motor vehicle in conducting District business; travels from site to site; hear and respond to traffic and warning noises while on the job site. • Travel to include air travel and overnight stays at out of town locations. • Must be able to communicate effectively, both orally and in writing with the Board, co- workers, managers, and with customers. • Regularly uses a telephone and mobile cellular phone for communication. • Uses office equipment such as computer terminals, copiers and fax machines. • Sits for extended time periods. Regularly required to stoop, stand, bend, sit and walk and go up and down stairs. • Ability to lift 10 -25 pounds. Desirable Qualifications A typical way to obtain the knowledge, skills and abilities outlined above would be: Education: Graduation from a four -year college or university accredited by the Accrediting Commission of Career Schools and Colleges, the Accrediting Council for Independent Colleges and Schools, or other national accreditation organization recognized by the United States Department of Education or the Council for Higher Education Accreditation ( "CHEA "), with a degree in Public /Business Administration, Engineering, Water Management Political Science or other related field. A Masters degree is preferred. Experience: Ten (10) years of increasingly responsible professional management experience, including five (5) years of responsible managerial and /or administrative responsibility working with elected officials or an equivalent combination of training and experience. Backup Material Distributed Less Than 72 Hours Prior to the Meeting General Manager (At Will Position) Page 5 Other Requirements: Driver's License: Possession of a valid California Class C driver's license may be required at the time of appointment. Failure to obtain or maintain such required license(s) may be cause for disciplinary action. Individuals who do not meet this requirement due to a physical disability will be considered for accommodation on a case -by -case basis. Possession and proof of a good driving record as evidenced by freedom from multiple or serious traffic violations or accidents for at least two (2) years duration. The driving record will not contribute to an increase in the District's automobile rates. Approved by the following: Board President Date Human Resources and Risk Manager Date Backup Material Distributed Less Than 72 Hours Prior to the Meeting Yorba Linda Water District EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Employment Agreement ( "Agreement ") is entered into by and between the Yorba Linda Water District ( "District "), a county water district created and operated pursuant to Water Code Section 30000 et seq., acting by and through its Board of Directors ( "Board "), and ( "Employee "), and individual, (collectively "Parties ") on 2013. RECITALS WHEREAS, the District is responsible for the construction, operation, and maintenance of a potable water delivery system which provides service to residential, municipal, commercial, industrial, and agricultural customers located within its sphere of influence, as well as a sewerage collection system which serves residential, municipal, commercial, and industrial customers located within its sphere of influence; and WHEREAS, the District desires to retain the services of Employee as General Manager of the District by way of this Agreement and subject to the terms and conditions set forth herein; and WHEREAS, Employee desires to accept employment as General Manger of the District by way of this Agreement and subject to the terms and conditions set forth herein, and Employee is qualified to perform such duties; and WHEREAS, the District and Employee desire to formalize the employment of Employee as General Manger of the District by way of this Agreement and subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, terms and representations contained herein, and for other 633989.3 Y0030 -001 good and valuable consideration, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Term of Employment. [Use if want 1 year with automatic 2nd year] The term of this Agreement is for one (1) year, commencing , 2013, and ending on , 2014. This Agreement will be renewed for a 2nd year upon mutual written agreement of the Parties, executed after completion of nine (9) months of the initial term of this Agreement. The Parties may commence negotiations to further renew or extend this Agreement after completion of nine (9) months of the 2nd year of this Agreement. 2. Duties and Obligations of Employee. Employee agrees to and shall faithfully discharge the duties of General Manager and devote his /her full -time attention and energies to the performance of these duties to the satisfaction of the Board. Employee's duties as General Manger include, but are not limited to: a. Overseeing the administration, operation, and construction activities of the District, b. Those set forth in the California Water Code Sections 30580 and 30581, C. Fulfilling the duties set forth in and adhering to the District's most recently adopted Rules and Regulations for Water and Sewer Service, d. Fulfilling the duties set forth in and adhering to the most recently adopted Rules and Regulations, Policies, Resolutions, and Ordinances of the Board, e. The specific duties set forth in the District's General Manager job description, as amended from time to time, and f. Other duties, responsibilities, and services as directed by the Board. 3. Employee Compensation. Employee shall receive an annual base salary of dollars ($ ), payable in twenty -six equal biweekly installments, for performance of his /her services as General Manager. The annual base salary may be adjusted at the sole discretion of the Board. Any such increase in salary shall not be construed as altering or amending any provision of this Agreement, except the Employee's compensation amount or unless specifically agreed to in writing between the District and Employee. Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that 633989.3 Y0030 -001 new salary and such amendment is adopted by the Board at a duly noticed public meeting. 4. Employee Benefits. The District agreed to provide Employee the following benefits for performance of his /her services as General Manager: a. Health Benefits. The District agrees to pay Employee's health benefits as set forth in this section. All health benefits under this section will cease upon the termination or expiration of this Agreement. i. Medical Insurance. The District agrees to pay Employee 100% of the premium for hospital and medical and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. ii. Dental Insurance. The District agrees to pay Employee 100% of the premium for dental insurance and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. iii. Vision Insurance. The District agrees to pay Employee 100% of the premium for vision insurance and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance starting the first day of the month following her /his date of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the dependent coverage. b. Retirement Benefits. The District is a member of the California Public Employees' Retirement System (PERS). The District shall follow all retirement requirements as mandated by the California Public Employees' Pension Reform Act of 2013. If Employee maintains PERS reciprocity he /she shall be subject to the retirement plan available to District employees on or before December 31, 2012. If Employee is a new employee or new member as defined by Government Code section 7522.04, subdivisions (e) and (f), the District shall provide Employee the Local Miscellaneous 2% at 62 retirement plan with a full benefit of 2.5% at 67 and a minimum retirement age of 52. C. Life Insurance. The District will provide Employee group life insurance in the amount of up to one hundred and fifty thousand dollars 633989.3 Y0030 -001 ($150,000.00) on the first day of the month following his /her date of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee may increase the coverage to an amount not to exceed three hundred thousand dollars ($300, 000.00) by authorizing the additional premium to be deducted from his /her salary. d. Long Term Disability. The District will provide Employee a long- term disability plan which has a 90 -day elimination period and proves at least two /thirds (2/3) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. e. Short Term Disability. The District will provide Employee a short - term disability plan which has a twenty nine (29) day elimination period in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. Employee's maximum benefit under this section is one thousand five hundred dollars ($1,500.00) per week, for up to nine (9) weeks. f. Deferred Compensation. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of Employee's salary or Employee's actual amount of deferred compensation per payroll period, whichever amount is less. g. Vacation Leave. Employee shall accrue a total of 3.08 hours of vacation time per pay period. Employee shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to the successful completion of six (6) months of service. The maximum accrued vacation balance Employee can accrue shall be limited to one and a half (1 %) the annual maximum accrual of vacation time. If Employee has accrued one and a half (1 %) the annual maximum accrual of vacation time, he /she will cease accruing any further vacation leave until the vacation balance is reduced to less than the maximum limit. Deductions of the vacation balance shall be by means of use of accrued unused vacation hours or the sale of up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice if Employee takes a minimum of one -half (1/2) the vacation time to which Employee is entitled within the same annual period of the sold vacation time. h. Holidays. Employee is entitled to holiday compensation for each holiday as set forth in the District's annual Holiday Schedule in an amount equal to the number of hours Employee normally would have worked other than for the holiday. Employee is only eligible for holiday compensation if he /she is at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. 633989.3 Y0030 -001 i. Sick Leave. Employee shall accrue and be entitled to use sick leave on the same basis as all other management employees of the District. Employee acknowledges and understands that accrued but unused sick leave will not be paid out upon the termination or expiration of this Agreement. j. Administrative Leave. Employee shall accrue a total of forty (40) hours of administrative leave with pay during each year of this Agreement. Unused administrative leave time at the end of each fiscal year, June 30, will be paid during the following month of July at Employee's then hourly rate. Administrative leave time does not carry -over to the next fiscal year. Employee acknowledges and understands that accrued but unused administrative leave will not be paid out upon the termination or expiration of this Agreement. k. Automobile Reimbursement. Employee is expected to use his /her own vehicle in the performance of his /her services as General Manager, including being available twenty -four (24) hours per day when practical to respond to emergency situations for the District. Employee shall be paid six hundred dollars ($600.00) per month, payable in monthly installments, as reimbursement for automobile expenses. The monthly reimbursement may be adjusted at the sole discretion of the Board. I. Professional Growth. The District agrees to pay the following expenses on behalf of the Employee subject to the Board's discretion and approval: i. Professional and Civil Affiliations and Professional Development. The District agrees to pay for professional dues and subscriptions on behalf of Employee which are reasonably necessary as determined by the Board for Employee's continuation and full participation in national, regional, state or local associations and organizations necessary, desirable for Employee's continued professional participation, growth, advancement, or for the good of the District. All fees or expenses contemplated under this section must be approved by the Board before they are incurred. ii. Professional Development. The District agrees to pay the travel and subsistence expenses of Employee for official travel, meetings, and events reasonably necessary to continue the professional development of the Employee as General Manager of the District and reasonably necessary to fulfill official and other functions for the District, as determined to be reasonable and necessary by the Board. These meetings and events may include, but are not limited to, the annual and semi - annual conferences of the Association of California Water Agencies, the American Water Works Association, the American Society of Civil Engineers, and other national, regional, state and local conferences of governmental groups and committees in which Employee may participate from time to time. All fees or expenses contemplated under this section must be approved by the Board before they are incurred. 633989.3 Y0030 -001 iii. Continued Education. The District agrees to reimburse Employee for all costs associated with continuation education credits and courses, which are directly related to Employee's essential job duties for the General Manager position, if and when such costs are approved in advance and deemed necessary by the Board. Employee agrees to be subject to the terms and conditions of District Policy Number 7010- 12 -01: Educational /Certification /License Reimbursement Policy, including completion of the Exhibits to the Policy. Pre - approval or denial for Employee to take any courses /programs, however, will come directly from the Board at a regularly scheduled Board meeting following Employee's timely submission of the Application for Educational Tuition Reimbursement to the Board. 5. Taxes. Employee shall be responsible for any and all federal, state, local or other taxes resulting from any compensation or benefits provided to him by the District. District shall withhold from any compensation or benefits provided under this Agreement all federal, state, local or other taxes as may be required pursuant to law or governmental regulation or ruling. 6. Expenses. Employee shall be entitled to reimbursement for transportation, business and travel expenses incurred in the performance of his /her duties as General Manager, including but not limited to those detailed in section 4(I) of this Agreement, subject to the Board's discretion and approval. Employee shall submit to the District an itemized account of all such expenditures, setting forth the date, the purpose for which each expenditure was incurred, and the amounts thereof, together with such receipts showing the payments. The District shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 7. Performance Evaluation. The Board and Employee shall develop annual goals, objectives, and performance standards for Employee for the benefit of the District and in attainment of the Board's policy objectives, and may further establish a priority among those goals, objectives, and performance standards to be reduced in writing. Additionally the Board may periodically establish goals and objectives regarding the Employee's performance of the duties of General Manager. The Board shall, in its sole discretion, review and evaluate the Employee's performance on an annual, quarterly, or other basis, or pursuant to the District's performance evaluation policy. Termination of Agreement -One year with negotiated renewals. 8. Termination of Agreement. The District employs Employee to serve as its General Manager, at the pleasure of the Board, upon the terms and conditions set forth in this Agreement. Notwithstanding the year term of this Agreement, Employee shall be an "at- will" employee of the District and will not be 633989.3 Y0030 -001 afforded any termination or discipline - related access to due process, appeal, or grievance procedure. Employee's employment may be terminated with or without cause, at any time, with or without notice, by the Board or the Employee. In the event the Employee is terminated by the Board before the expiration of the term of employment and during such time that Employee is willing and able to perform the duties of the General Manager position, the District agrees to make a lump severance payment to Employee equal to the lesser of (a) three (3) months [OPTION: more or less months] of the Employee's monthly salary at the time of termination, or (b) Employee's monthly salary at the time of termination multiplied by the number of months left on the unexpired term of Agreement. [OPTION — can set severance at 3 or other amount of months, or leave it at lesser of a set number of months or the remaining months in the term as currently stated.] This severance payment shall be made within fifteen (15) days of the effective date of the termination. Pursuant to California Government Code Section 53260, in no event shall the lump sum severance payment provided herein exceed the monthly salary of Employee multiplied by eighteen (18). The lump sum severance payment is in addition to any accrued and unused vacation to which Employee is entitled. All sums paid herein are subject to applicable withholding taxes. Pursuant to California Government Code Section 53243.2, any lump severance payment paid to Employee under this section shall be fully reimbursed by Employee to the District if Employee is convicted of a crime involving an abuse of his /her office or position as set forth in California Government Code Section 53243.4. Employee and the District recognize that the District prefers Employee provide it at least a ninety (90) day advance notice before Employee voluntarily resigns from the General Manager. While such courtesy is desired, it is not required as the employment relationship created in this Agreement is "at- will." In the instance of voluntary resignation, Employee understands and acknowledges that he /she will not be eligible to receive any severance pay. In that instance Employee will only receive his /her accrued but unused holiday and vacation leave, if any. Employee understands and acknowledges that all health and other benefits set forth in this Agreement shall cease on the day of termination of this Agreement by either Party or expiration of this Agreement. 9. Confidential Information. Employee acknowledges and stipulates that in the performance of his /her duties, the District discloses and entrusts him /her with certain confidential or proprietary information. Employee agrees not to directly or indirectly disclose or use at any time any such information, whether it be in the forms of records, lists, data, personnel information, drawings, reports, or otherwise, of a business or technical nature, which was acquired or viewed by Employee during Employee's relationship with the District unless such disclosure is authorized by the District in writing, required by law, or required in the 633989.3 Y0030 -001 performance of the duties of the General Manager. This provision shall survive the termination or expiration of this Agreement. 10. Notice. Any notices required hereunder shall be in writing and shall be given by personal delivery or overnight courier service to the Party to whom it is to be given at the address set forth below, or at such other address as each Party hereto may direct by notice given in accordance with the terms and conditions of this section. All notices shall be deemed effective upon personal delivery or upon three (3) business days following deposit with any overnight courier service in accordance with this section: For Yorba Linda Water District: President of the Board of Directors Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 -0309 Any notice required to be given to the Employee under this Agreement shall be addressed to him /her at his /her last known address as reflected in the District's personnel records. Any Party may change its address for the purpose of this section by giving written notice of such change to the other Party in the manner herein provided. 11. General Provisions. a. Governing Law & Severability. This Agreement shall be governed by the laws of the State of California. If any clause, sentence, section or other provision of this Agreement is, for whatever reason, deemed void, unlawful or otherwise unenforceable, then such shall be severed herefrom and the balance of this Agreement construed as if the severed language was not a part hereof. b. Modification, Amendment, Waiver. No modification or amendment of any provision of this Agreement shall be effective unless approved in writing and signed by both Parties. The failure of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms. C. Assignment. Neither the Agreement nor any of the rights or obligations created herein shall be assignable by Employee without the written approval of the District. d. Counterparts. This Agreement may be executed in any one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. The transmission of an executed signature page by any Party may also be accomplished via 633989.3 Y0030 -001 facsimile or via electronic transmission, and such copies of such documents may be treated as if they were originals. e. Section Headings. The section headings used herein are not a substantive part of this Agreement and are included solely for convenience and have no bearing upon and do not in any way limit the application of the terms and conditions of this Agreement. f. Incorporation. The Recitals are true and correct and are incorporated herein by this reference. g. Entire Agreement. This Agreement represents the entire and integrated contract between the District and Employee and supersedes all prior understandings, negotiations, representations, or agreements. h. Voluntary Agreement. Employee represents and warrants that he /she has read carefully and fully understands all the provisions of this Agreement, that he /she is free to enter into this Agreement and to render the services described in it, that he /she entering into and performance of this Agreement will not breach or violate or conflict with any other agreement (written or oral) to which he /she is a party, and that he /she have had an opportunity to consult with his /her legal counsel prior to entering into this Agreement and have either done so or voluntarily chosen not to do so. Employee is voluntarily entering into this Agreement. The District represents and warrants that it has the right and power to enter into this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Employment Agreement for the Position of General Manager as of the date first written above. YORBA LINDA WATER DISTRICT Gary T. Melton Board President NAME OF EMPLOYEE 633989.3 Y0030 -001 NAME OF EMPLOYEE Yorba Linda Water District EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Employment Agreement ( "Agreement ") is entered into by and between the Yorba Linda Water District ( "District "), a county water district created and operated pursuant to Water Code Section 30000 et seq., acting by and through its Board of Directors ( "Board "), and ( "Employee "), and individual, (collectively "Parties ") on , 2013. RECITALS WHEREAS, the District is responsible for the construction, operation, and maintenance of a potable water delivery system which provides service to residential, municipal, commercial, industrial, and agricultural customers located within its sphere of influence, as well as a sewerage collection system which serves residential, municipal, commercial, and industrial customers located within its sphere of influence; and WHEREAS, the District desires to retain the services of Employee as General Manager of the District by way of this Agreement and subject to the terms and conditions set forth herein; and WHEREAS, Employee desires to accept employment as General Manger of the District by way of this Agreement and subject to the terms and conditions set forth herein, and Employee is qualified to perform such duties; and WHEREAS, the District and Employee desire to formalize the employment of Employee as General Manger of the District by way of this Agreement and subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, terms and representations contained herein, and for other 633989.3 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting good and valuable consideration, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Term of Employment. [Use if want 1 year with automatic 2nd year] The term of this Agreement is for one (1) year, commencing , 2013, and ending on , 2014. This Agreement will be renewed for a 2nd year upon mutual written agreement of the Parties, executed after completion of nine (9) months of the initial term of this Agreement. The Parties may commence negotiations to further renew or extend this Agreement after completion of nine (9) months of the 2nd year of this Agreement. 2. Duties and Obligations of Employee. Employee agrees to and shall faithfully discharge the duties of General Manager and devote his /her full -time attention and energies to the performance of these duties to the satisfaction of the Board. Employee's duties as General Manger include, but are not limited to: a. Overseeing the administration, operation, and construction activities of the District, b. Those set forth in the California Water Code Sections 30580 and 30581, C. Fulfilling the duties set forth in and adhering to the District's most recently adopted Rules and Regulations for Water and Sewer Service, d. Fulfilling the duties set forth in and adhering to the most recently adopted Rules and Regulations, Policies, Resolutions, and Ordinances of the Board, e. The specific duties set forth in the District's General Manager job description, as amended from time to time, and f. Other duties, responsibilities, and services as directed by the Board. 3. Employee Compensation. Employee shall receive an annual base salary of dollars ($ ), payable in twenty -six equal biweekly installments, for performance of his /her services as General Manager. The annual base salary may be adjusted at the sole discretion of the Board. Any such increase in salary shall not be construed as altering or amending any provision of this Agreement, except the Employee's compensation amount or unless specifically agreed to in writing between the District and Employee. Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that 633989.3 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting new salary and such amendment is adopted by the Board at a duly noticed public meeting. 4. Employee Benefits. The District agreed to provide Employee the following benefits for performance of his /her services as General Manager: a. Health Benefits. The District agrees to pay Employee's health benefits as set forth in this section. All health benefits under this section will cease upon the termination or expiration of this Agreement. i. Medical Insurance. The District agrees to pay Employee 100% of the premium for hospital and medical and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. ii. Dental Insurance. The District agrees to pay Employee 100% of the premium for dental insurance and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. iii. Vision Insurance. The District agrees to pay Employee 100% of the premium for vision insurance and up to two /thirds (2/3) the additional premium toward Employee's dependent coverage insurance starting the first day of the month following her /his date of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the dependent coverage. b. Retirement Benefits. The District is a member of the California Public Employees' Retirement System (PERS). The District shall follow all retirement requirements as mandated by the California Public Employees' Pension Reform Act of 2013. If Employee maintains PERS reciprocity he /she shall be subject to the retirement plan available to District employees on or before If Employee is a new employee or new member as defined by Government Code section 7522.04, subdivisions (e) and (f), the District shall provide Employee the Local Miscellaneous 2% at 62 retirement plan with a full benefit of 2.5% at 67 and a minimum retirement age of 52. C. Life Insurance. The District will provide Employee group life insurance in the amount of up to one hundred and fifty thousand dollars 633989.3 YO030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting ($150,000.00) on the first day of the month following his /her date of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee may increase the coverage to an amount not to exceed three hundred thousand dollars ($300, 000.00) by authorizing the additional premium to be deducted from his /her salary. d. Long Term Disability. The District will provide Employee a long- term disability plan which has a 90 -day elimination period and proves at least two /thirds (2/3) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. e. Short Term Disability. The District will provide Employee a short - term disability plan which has a twenty nine (29) day elimination period in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. Employee's maximum benefit under this section is one thousand five hundred dollars ($1,500.00) per week, for up to nine (9) weeks. f. Deferred Compensation. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of Employee's salary or Employee's actual amount of deferred compensation per payroll period, whichever amount is less. g. Vacation Leave. Employee shall accrue a total of 3.08 hours of vacation time per pay period. Employee shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to the successful completion of six (6) months of service. The maximum accrued vacation balance Employee can accrue shall be limited to one and a half (1'/) the annual maximum accrual of vacation time. If Employee has accrued one and a half (1'/) the annual maximum accrual of vacation time, he /she will cease accruing any further vacation leave until the vacation balance is reduced to less than the maximum limit. Deductions of the vacation balance shall be by means of use of accrued unused vacation hours or the sale of up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice if Employee takes a minimum of one -half (1/2) the vacation time to which Employee is entitled within the same annual period of the sold vacation time. h. Holidays. Employee is entitled to holiday compensation for each holiday as set forth in the District's annual Holiday Schedule in an amount equal to the number of hours Employee normally would have worked other than for the holiday. Employee is only eligible for holiday compensation if he /she is at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. 633989.3 YO030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting i. Sick Leave. Employee shall accrue and be entitled to use sick leave on the same basis as all other management employees of the District. Employee acknowledges and understands that accrued but unused sick leave will not be paid out upon the termination or expiration of this Agreement. j. Administrative Leave. Employee shall accrue a total of forty (40) hours of administrative leave with pay during each year of this Agreement. Unused administrative leave time at the end of each fiscal year, June 30, will be paid during the following month of July at Employee's then hourly rate. Administrative leave time does not carry -over to the next fiscal year. Employee acknowledges and understands that accrued but unused administrative leave will not be paid out upon the termination or expiration of this Agreement. k. Automobile Reimbursement. Employee is expected to use his /her own vehicle in the performance of his /her services as General Manager, including being available twenty -four (24) hours per day when practical to respond to emergency situations for the District. Employee shall be paid six hundred dollars ($600.00) per month, payable in monthly installments, as reimbursement for automobile expenses. The monthly reimbursement may be adjusted at the sole discretion of the Board. I. Professional Growth. The District agrees to pay the following expenses on behalf of the Employee subject to the Board's discretion and approval: i. Professional and Civil Affiliations and Professional Development. The District agrees to pay for professional dues and subscriptions on behalf of Employee which are reasonably necessary as determined by the Board for Employee's continuation and full participation in national, regional, state or local associations and organizations necessary, desirable for Employee's continued professional participation, growth, advancement, or for the good of the District. All fees or expenses contemplated under this section must be approved by the Board before they are incurred. ii. Professional Development. The District agrees to pay the travel and subsistence expenses of Employee for official travel, meetings, and events reasonably necessary to continue the professional development of the Employee as General Manager of the District and reasonably necessary to fulfill official and other functions for the District, as determined to be reasonable and necessary by the Board. These meetings and events may include, but are not limited to, the annual and semi - annual conferences of the Association of California Water Agencies, the American Water Works Association, the American Society of Civil Engineers, and other national, regional, state and local conferences of governmental groups and committees in which Employee may participate from time to time. All fees or expenses contemplated under this section must be approved by the Board before they are incurred. 633989.3 YO030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting iii. Continued Education. The District agrees to reimburse Employee for all costs associated with continuation education credits and courses, which are directly related to Employee's essential job duties for the General Manager position, if and when such costs are approved in advance and deemed necessary by the Board. Employee agrees to be subject to the terms and conditions of District Policy Number 7010- 12 -01: Educational /Certification /License Reimbursement Policy, including completion of the Exhibits to the Policy. Pre - approval or denial for Employee to take any courses, however, will come directly from the Board at a regularly scheduled Board meeting following Employee's timely submission of the Application for Educational Tuition Reimbursement to the Board. 5. Taxes. Employee shall be responsible for any and all federal, state, local or other taxes resulting from any compensation or benefits provided to him by the District. District shall withhold from any compensation or benefits provided under this Agreement all federal, state, local or other taxes as may be required pursuant to law or governmental regulation or ruling. 6. Expenses. Employee shall be entitled to reimbursement for transportation, business and travel expenses incurred in the performance of his /her duties as General Manager, including but not limited to those detailed in section 4(I) of this Agreement, subject to the Board's discretion and approval. Employee shall submit to the District an itemized account of all such expenditures, setting forth the date, the purpose for which each expenditure was incurred, and the amounts thereof, together with such receipts showing the payments. The District shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 7. Performance Evaluation. The Board and Employee shall develop annual goals, objectives, and performance standards for Employee for the benefit of the District and in attainment of the Board's policy objectives, and may further establish a priority among those goals, objectives, and performance standards to be reduced in writing. Additionally the Board may periodically establish goals and objectives regarding the Employee's performance of the duties of General Manager. The Board shall, in its sole discretion, review and evaluate the Employee's performance on an annual, quarterly, or other basis, or pursuant to the District's performance evaluation policy. Termination of Agreement -One year with negotiated renewals. 8. Termination of Agreement. The District employs Employee to serve as its General Manager, at the pleasure of the Board, upon the terms and conditions set forth in this Agreement. Notwithstanding the year term of this Agreement, Employee shall be an "at- will" employee of the District and will not be 633989.3 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting afforded any termination or discipline - related access to due process, appeal, or grievance procedure. Employee's employment may be terminated with or without cause, at any time, with or without notice, by the Board or the Employee. In the event the Employee is terminated by the Board before the expiration of the term of employment and during such time that Employee is willing and able to perform the duties of the General Manager position, the District agrees to make a lum severance payment to Em loyee equal to the lesser of (a) three (3) months of the Employee's monthly salary at the time of termination, or (b) Employee's monthly salary at the time of termination multiplied by the number of months left on the unexpired term of Agreement. [OPTION — can set severance at 3 or other amount of months, or leave it at lesser of a set number of months or the remaining months in the term as murrently stated.l This severance payment shall be made within fifteen (15) days of the effective date of the termination. Pursuant to California Government Code Section 53260, in no event shall the lump sum severance payment provided herein exceed the monthly salary of Employee multiplied by eighteen (18). The lump sum severance payment is in addition to any accrued and unused vacation to which Employee is entitled. All sums paid herein are subject to applicable withholding taxes. Pursuant to California Government Code Section 53243.2, any lump severance payment paid to Employee under this section shall be fully reimbursed by Employee to the District if Employee is convicted of a crime involving an abuse of his /her office or position as set forth in California Government Code Section 53243.4. Employee and the District recognize that the District prefers Employee provide it at least a ninety (90) day advance notice before Employee voluntarily resigns from the General Manager. While such courtesy is desired, it is not required as the employment relationship created in this Agreement is "at- will." In the instance of voluntary resignation, Employee understands and acknowledges that he /she will not be eligible to receive any severance pay. In that instance Employee will only receive his /her accrued but unused holiday and vacation leave, if any. Employee understands and acknowledges that all health and other benefits set forth in this Agreement shall cease on the day of termination of this Agreement by either Party or expiration of this Agreement. 9. Confidential Information. Employee acknowledges and stipulates that in the performance of his /her duties, the District discloses and entrusts him /her with certain confidential or proprietary information. Employee agrees not to directly or indirectly disclose or use at any time any such information, whether it be in the forms of records, lists, data, personnel information, drawings, reports, or otherwise, of a business or technical nature, which was acquired or viewed by Employee during Employee's relationship with the District unless such disclosure is authorized by the District in writing, required by law, or required in the 633989.3 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting performance of the duties of the General Manager. This provision shall survive the termination or expiration of this Agreement. 10. Notice. Any notices required hereunder shall be in writing and shall be given by personal delivery or overnight courier service to the Party to whom it is to be given at the address set forth below, or at such other address as each Party hereto may direct by notice given in accordance with the terms and conditions of this section. All notices shall be deemed effective upon personal delivery or upon three (3) business days following deposit with any overnight courier service in accordance with this section: For Yorba Linda Water District: President of the Board of Directors Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 -0309 Any notice required to be given to the Employee under this Agreement shall be addressed to him /her at his /her last known address as reflected in the District's personnel records. Any Party may change its address for the purpose of this section by giving written notice of such change to the other Party in the manner herein provided. 11. General Provisions. a. Governing Law & Severability. This Agreement shall be governed by the laws of the State of California. If any clause, sentence, section or other provision of this Agreement is, for whatever reason, deemed void, unlawful or otherwise unenforceable, then such shall be severed herefrom and the balance of this Agreement construed as if the severed language was not a part hereof. b. Modification, Amendment, Waiver. No modification or amendment of any provision of this Agreement shall be effective unless approved in writing and signed by both Parties. The failure of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either party thereafter to enforce each and every provision hereof in accordance with its terms. C. Assignment. Neither the Agreement nor any of the rights or obligations created herein shall be assignable by Employee without the written approval of the District. d. Counterparts. This Agreement may be executed in any one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. The transmission of an executed signature page by any Party may also be accomplished via 633989.3 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting facsimile or via electronic transmission, and such copies of such documents may be treated as if they were originals. e. Section Headings. The section headings used herein are not a substantive part of this Agreement and are included solely for convenience and have no bearing upon and do not in any way limit the application of the terms and conditions of this Agreement. f. Incorporation. The Recitals are true and correct and are incorporated herein by this reference. g. Entire Agreement. This Agreement represents the entire and integrated contract between the District and Employee and supersedes all prior understandings, negotiations, representations, or agreements. h. Voluntary Agreement. Employee represents and warrants that he /she has read carefully and fully understands all the provisions of this Agreement, that he /she is free to enter into this Agreement and to render the services described in it, that he /she entering into and performance of this Agreement will not breach or violate or conflict with any other agreement (written or oral) to which he /she is a party, and that he /she have had an opportunity to consult with his /her legal counsel prior to entering into this Agreement and have either done so or voluntarily chosen not to do so. Employee is voluntarily entering into this Agreement. The District represents and warrants that it has the right and power to enter into this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Employment Agreement for the Position of General Manager as of the date first written above. YORBA LINDA WATER DISTRICT in Gary T. Melton Board President NAME OF EMPLOYEE in 633989.3 Y0030 -001 NAME OF EMPLOYEE Backup Material Distributed Less Than 72 Hours Prior to the Meeting General Manager - Salary Survey (as of February 1, 2013) ANNUAL COMPENSATION ANNUAL TIME OFF Name of GM/ BASE SALARY AUTO COLAY /N? BONUSES 401K/401A 457 YEARS ON VACATION MGMT OTHER ANNUAL RETIREMENT AGENCY ALLOWANCE AMT (YEARLY/ THE JOB DAYS LEAVE TIME OFF TOTAL PAID FORMULA QUARTERLY ?) DAYS TIME OFF SBVMWD $233,508.00 $700 /mo Yes, 2% on No No Yes, voluntary 4 Years 20 days None None 20 days 3% at 60 1 st $50K (appointed w /max of 10- 10 -06) $1 K/yr EMWD $253,208.00 $650 /mo Yes, 2.1 % Yearly Yes Yes, voluntary 1 Year 15 days None 12 days 27 days 2% at 55 (7- 27 -12) (appointed 7 -27- (sick leave) 12) OCWD $221,498.00 $700 /mo No No N/A Yes, voluntary 5 years, 2 mos 25 days* None 12 days 37 days Private Plan 457(b) (appointed 9 -07) ( assumed, (sick leave) based on max tenure) OCSD $225,000.00 $0 No No No Yes, voluntary 7 Years 25 days None 10 days 35 days N/A (not a (appointed 2005) (sick leave) member) IEUA $225,732.00 $600 /mo Yes, 3% At the discretion N/A Yes, voluntary 2 Years 22 days 6 days 12 days 40 days 2.5% at 55 (6 -28 -2009) of Board - (appointed 6 -10) (sick leave) WMWD $268,403.00 N/A Yes 2% N/A Yes, at District's Yes, voluntary 8 Years, 5 mos 35 days 10 days N/A 45 days 2.5% at 55 contribution of (appointed 7 -04) 2% of salary SAWPA $223,764.00 $1,000 /mo Yes - 2% N/A Yes, at Agency's Yes, voluntary 5 Years, 11 mos 13 days 5 days 12 days 30 days 2% at 55 (7 -1 -12) contribution of (appointed 12- (sick time) 2% of salary in a 06) 401 A CVWD $230,000.00 N/A - District No No Yes, at District's Yes, voluntary 2 Years 25 days 5 days 13 days 43 days 2.5% at 55-1.2c/'c Vehicle contribution of (appointed 1 -11) (sick leave) PARS 22% of salary (appx $50,600/yr) 401(a) WVWD $180,356.00 N/A - District No No No Yes, voluntary 16 years as GM 25 days 9 days N/A 34 days 2% at 55 + Vehicle social security City of San $203,556.00 N/A - Agency No No No Yes, 50% 7 years, 7 15 days 10 12 days 37 days 2.7% at 55 Bernadino Water Vehicle match up to months (sick leave) $50 /pay (appointed 07- period 05) EVWD $195,000.00 $800 /mo No No No Yes, at 1 Year 30 days 10 days 13.13 days 53.13 days 2.7% at 55 District's (appointed (sick leave) contribution of 1/9/12) $2,500/yr South Coast WD $192,005.00 N/A - District Vehicle w /unlimited use Jurupa Comm. Svs. N/A - District Yes, annual 5% District Vehicle contr to 401(a) Mesa Consolidated $230,000.00 N/A - District WD Vehicle Irvine Ranch WD $242,180.00 $650 /mo Santa Margarita WD $225,000.00 $650 /mo or auto provided Moulton Niguel WD $179,000.00 Laguna Beach WD $206,021.00 N/A - District 1 add'I week of Vehicle VC Riverside, City (Util $216,792.00 GM) MWDOC $219,701.77 Western Municipal WD Total Average $219,511.83 Revised: 02 -01 -2013 * = Based on 8 -hour work day ** = Numbers Rounded Off General Manager - Salary Survey (as of February 1, 2013) TOTOAL AVERAGE $195,272.20 Revised: 03 -27 -2013 * = Based on 8 -hour work day ** = Numbers Rounded Off ANNUAL COMPENSATION ANNUAL TIME OFF AGENCY /NUMBER OF BASE SALARY ** AUTO COLAY /N? BONUSES 401K/401A 457 YEARS ON VACATION MGMT OTHER ANNUAL RETIREMENT CONNECTIONS ALLOWANCE AMT (YEARLY/ THE JOB DAYS LEAVE TIME OFF* TOTAL PAID FORMULA QUARTERLY ?) DAYS TIME OFF* WALNUT VALLEY WD $180,356.00 N/A - District No No No Yes, 16 years as 25 days 9 days N/A 34 days 2% at 55 + Water - 26,500 Vehicle voluntary GM social security Sewer - N/A EAST VALLEY WD $195,000.00 $800 /mo No No No Yes, at 1 Year 30 days 10 days 13.13 days 53.13 days 2.7% at 55 Water- 21,965 District's (appointed (sick leave) Sewer - 20,402 contribution of 1/9/12) $2,500/yr SOUTH COAST WD $192,005.00 N/A - District Water - 12,400 Vehicle Sewer - 17,100 w /unlimited use MESA WD $230,000.00 N/A - District Water - 24,000 Vehicle Sewer - N/A MOULTON NIGUEL WD $179,000.00 Water - 54,174 Sewer - 50,200 TOTOAL AVERAGE $195,272.20 Revised: 03 -27 -2013 * = Based on 8 -hour work day ** = Numbers Rounded Off Exhibit "C" Pay Plan Management Employees Effective July 1st, 2012 thru June 30, 2013 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 30 Monthly $6,595.9758 $6,760.8752 $6,929.8971 $7,103.1445 $7,280.7231 $7,462.7412 $7,649.3097 $7,840.5424 $8,036.5560 Hourly $38.0537 $39.0050 $39.9802 $40.9797 $42.0042 $43.0543 $44.1306 $45.2339 $46.3647 ME 31 Monthly $6,925.7746 $7,098.9189 $7,276.3919 $7,458.3017 $7,644.7592 $7,835.8782 $8,031.7752 $8,232.5696 $8,438.3838 Hourly $39.9564 $40.9553 $41.9792 $43.0287 $44.1044 $45.2070 $46.3372 $47.4956 $48.6830 ME 32 Monthly $7,272.0633 $7,453.8649 $7,640.2115 $7,831.2168 $8,026.9972 $8,227.6721 $8,433.3639 $8,644.1980 $8,860.3030 Hourly $41.9542 $43.0031 $44.0781 $45.1801 $46.3096 $47.4673 $48.6540 $49.8704 $51.1171 ME 33 Monthly $7,635.6665 $7,826.5581 $8,022.2221 $8,222.7776 $8,428.3471 $8,639.0557 $8,855.0321 $9,076.4079 $9,303.3181 Hourly $44.0519 $45.1532 $46.2821 $47.4391 $48.6251 $49.8407 $51.0867 $52.3639 $53.6730 ME 34 Monthly $8,017.4498 $8,217.8860 $8,423.3332 $8,633.9165 $8,849.7644 $9,071.0085 $9,297.7837 $9,530.2283 $9,768.4840 Hourly $46.2545 $47.4109 $48.5962 $49.8111 $51.0563 $52.3327 $53.6411 $54.9821 $56.3566 ME 35 Monthly $8,418.3223 $8,628.7803 $8,844.4998 $9,065.6123 $9,292.2526 $9,524.5590 $9,762.6729 $10,006.7398 $10,256.9082 Hourly $48.5672 $49.7814 $51.0260 $52.3016 $53.6091 $54.9494 $56.3231 $57.7312 $59.1745 ME 36 Monthly $8,839.2384 $9,060.2193 $9,286.7248 $9,518.8929 $9,756.8653 $10,000.7869 $10,250.8066 $10,507.0767 $10,769.7537 Hourly $50.9956 $52.2705 $53.5773 $54.9167 $56.2896 $57.6968 $59.1393 $60.6178 $62.1332 ME 37 Monthly $9,281.2003 $9,513.2303 $9,751.0611 $9,994.8376 $10,244.7085 $10,500.8263 $10,763.3469 $11,032.4306 $11,308.2413 Hourly $53.5454 $54.8840 $56.2561 $57.6625 $59.1041 $60.5817 $62.0962 $63.6486 $65.2399 ME 38 Monthly $9,745.2603 $9,988.8918 $10,238.6141 $10,494.5795 $10,756.9440 $11,025.8676 $11,301.5143 $11,584.0521 $11,873.6534 Hourly 1 $56.22271 $57.62821 $59.06891 $60.54571 $62.0593 $63.61081 $65.20101 $66.8311 $68.5018 Backup Material Distributed Less Than 72 Hours Prior to the Meeting (Page 2 of 3) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 39 Monthly $10,232.5233 $10,488.3364 $10,750.5448 $11,019.3085 $11,294.7912 $11,577.1609 $11,866.5900 $12,163.2547 $12,467.3361 Hourly $59.0338 $60.5096 $62.0224 $63.5729 $65.1623 $66.7913 $68.4611 $70.1726 $71.9269 ME 40 Monthly $10,744.1495 $11,012.7532 $11,288.0721 $11,570.2739 $11,859.5307 $12,156.0190 $12,459.9195 $12,771.4174 $13,090.7029 Hourly $61.9855 $63.5351 $65.1235 $66.7516 $68.4204 $70.1309 $71.8842 $73.6813 $75.5233 ME 41 Monthly $11,281.3570 $11,563.3909 $11,852.4757 $12,148.7876 $12,452.5073 $12,763.8199 $13,082.9154 $13,409.9883 $13,745.2380 Hourly $65.0848 $66.7119 $68.3797 $70.0892 $71.8414 $73.6374 $75.4784 $77.3653 $79.2995 ME 42 Monthly $11,845.4248 $12,141.5604 $12,445.0995 $12,756.2269 $13,075.1326 $13,402.0109 $13,737.0612 $14,080.4877 $14,432.4999 Hourly $68.3390 $70.0475 $71.7987 $73.5936 $75.4335 $77.3193 $79.2523 $81.2336 $83.2644 ME 43 Monthly $12,437.6961 $12,748.6385 $13,067.3544 $13,394.0383 $13,728.8893 $14,072.1115 $14,423.9143 $14,784.5121 $15,154.1249 Hourly $71.7559 $73.5498 $75.3886 $77.2733 $79.2051 $81.1853 $83.2149 $85.2953 $87.4276 ME 44 Monthly $13,059.5809 $13,386.0704 $13,720.7222 $14,063.7402 $14,415.3337 $14,775.7171 $15,145.1100 $15,523.7377 $15,911.8312 Hourly $75.3437 $77.2273 $79.1580 $81.1370 $83.1654 $85.2445 $87.3756 $89.5600 $91.7990 ME 45 164K 177K 200K Monthly $13,712.5599 $14,055.3739 $14,406.7583 $14,766.9272 $15,136.1004 $15,514.5029 $15,902.3655 $16,299.9246 $16,707.4227 Hourly $79.1109 $81.0887 $83.1159 $85.1938 $87.3237 $89.5067 $91.7444 $94.0380 $96.3890 ME 46 Monthly $14,398.1879 $14,758.1426 $15,127.0962 $15,505.2736 $15,892.9054 $16,290.2281 $16,697.4838 $17,114.9208 $17,542.7939 Hourly $83.0665 $85.1431 $87.2717 $89.4535 $91.6898 $93.9821 $96.3316 $98.7399 $101.2084 ME 47 181 K 195K 221 K Monthly 1 $15,118.09731 $15,496.04971 $15,883.45101 $16,280.53731 $16,687.5507 $17,104.73951 $17,532.35791$17,970.66691 $18,419.9336 Hourly 1 $87.21981 $89.40031 $91.63531 $93.92621 $96.27431 $98.68121 $101.14821 $103.67691 $106.2688 * In the event of a keying /formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. Backup Material Distributed Less Than 72 Hours Prior to the Meeting (Page 3 of 3) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 48 Monthly $15,874.0022 $16,270.8522 $16,677.6235 $17,094.5641 $17,521.9282 $17,959.9764 $18,408.9758 $18,869.2002 $19,340.9302 Hourly $91.5808 $93.8703 $96.2171 $98.6225 $101.0880 $103.6152 $106.2056 $108.8608 $111.5823 ME 49 Monthly $16,667.7023 $17,084.3948 $17,511.5047 $17,949.2923 $18,398.0246 $18,857.9753 $19,329.4246 $19,812.6602 $20,307.9768 Hourly $96.1598 $98.5638 $101.0279 $103.5536 $106.1424 $108.7960 $111.5159 $114.3038 $117.1614 ME 50 Monthly $17,501.0874 $17,938.6146 $18,387.0799 $18,846.7569 $19,317.9259 $19,800.8740 $20,295.8959 $20,803.2933 $21,323.3756 Hourly $100.9678 $103.4920 $106.0793 $108.7313 $111.4496 $114.2358 $117.0917 $120.0190 $123.0195 * In the event of a keying /formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. Backup Material Distributed Less Than 72 Hours Prior to the Meeting PROPOSED GM SALARY RANGE RANGE Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step S Step 9 R# $185,000 $189,625 $194,366 $199,225 $204,205 $209,311 $214,543 $219,907 $225,405 Backup Material Distributed Less Than 72 Hours Prior to the Meeting