Board Package. March 5, 2014

Transcription

1 Board Package March 5, 2014

2 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) BOARD MEETING AGENDA March 5, 2014 Phelan Community Center 4128 Warbler Road, Phelan, CA REGULAR BOARD MEETING 7:00 P.M. Call to Order Pledge of Allegiance Roll Call 1. Approval of Agenda 2. Public Comment Under this item, any member of the public wishing to directly address the Board on any item of interest that is within the subject matter jurisdiction of the Board, but not listed on the agenda, may do so at this time. However, the Board is prohibited by law from taking any action on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act. Any member of the public wishing to directly address the Board on any item listed on the agenda may do so when the item is being considered by the Board. If you wish to address the Board, please complete a Comment Card and present it to the Board Secretary. Speakers are requested to be brief in their remarks. The Chair may limit each speaker to a comment period of five (5) minutes. a. General Public b. Community Reports County Supervisor Fire School District Sheriff 3. Consent Items a. Approval of Minutes: February 10, 2014 Special Board Workshop February 19, 2014 Regular Board Meeting b. Approval of Board Stipends/Reimbursements c. Approval of Contractor Payments 4. Matters Removed from Consent Items 5. Presentations/Appointments Kathleen Rollins-McDonald from LAFCO Regarding Broadband Powers 6 Continued/New Agenda Items Action Items a. Discussion and Possible Approval of Contractor Payment Aghapy Group, Inc. b. Discussion and Possible Action Regarding District Water Rights Land Allocation and Revenue Distribution c. Review, Discussion, and Possible Action Regarding the Award of the Highway 138 Water Pipeline Relocation Project d. Discussion and Possible Action Regarding Proposition 84 Grants Mission Statement The Mission of the Phelan Piñon Hills Community Services District is to provide all authorized services reliably and economically for the promotion of community development and to utilize all available resources for maximum beneficial use. Vision Statement To develop a Community Services District that enhances the living experience for all people within the District. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District 1

3 PPHCSD Regular Board Meeting Agenda March 5, 2014 Page 2 of 2 e. Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Board Compensation, Reimbursement, and Ethics Training f. Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Relations Among Directors and with Staff g. Status Update of Solar Project 7. Review of Action Items a. Prior Meeting Action Items b. Current Meeting Action Items 8. Committee Reports a. Engineering Committee (Standing) b. Parks, Recreation & Street Lighting Committee (Standing) c. Finance Committee (Standing) d. Government Affairs Committee (Standing) e. Waste Management Committee (Standing) f. Adjudication Committee (Ad Hoc) g. Surplus Inventory Committee (Ad Hoc) h. Alternative Energy Committee (Ad Hoc) i. El Mirage Annexation Committee (Ad Hoc) 9. Staff and General Manager s Report 10. Reports a. Director s Report b. President s Report 11. Correspondence/Information 12. Set Agenda for Next Meeting March 19, 2014 Adjourn Pursuant to Government Code Section (a), any request for a disability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above-agendized public meeting should be directed to the District s General Manager at (760) at least 24 hours prior to said meeting. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District 2

4 AGENDA ITEM #3a Approval of Minutes: February 10, 2014 Special Board Workshop February 19, 2014 Regular Board Meeting 3

5 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) PHELAN PIÑON HILLS COMMUNITY SERVICES DISTRICT SPECIAL BOARD WORKSHOP February 10, 2014 Phelan Community Center 4128 Warbler Road, Phelan, CA MINUTES Board Members Present: Board Member Absent: Staff Present: Alex Brandon, President Al Morrissette, Vice President Cathy Pace, Director Mark Roberts, Director Dan Whalen, Director None Don Bartz, General Manager George Cardenas, Engineering Manager Lori Lowrance, Administrative Services Manager Jack Stonesifer, Water Operations Manager Kimberly Ward, Executive Secretary/HR Specialist SPECIAL BOARD WORKSHOP 1:00 P.M. Call to Order President Brandon called the Meeting to order at 1:00 p.m. and the Pledge of Allegiance was recited. Roll Call All Directors were present. 1. Approval of Agenda Director Whalen moved to approve the Agenda as presented. Director Pace seconded the motion. All were in favor and the motion passed. 2. Public Comment None 3. Discussion Regarding Policy for Board Compensation, Reimbursement, and Ethics Training Mr. Bartz recommended for the Board to review the document section by section, and to receive Board and Attorney input. President Brandon asked the Board if they had any notes on the Resolution. A discussion was held concerning what is legally compensable according to government code and District policy. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 4

6 PPHCSD Special Board WorkshopMinutes February 10, 2014 Page 2 of 3 A discussion was held regarding section A discussion was held regarding the best process to move forward with revision of the Resolution. Director Pace inquired into getting items on Board meeting agendas; Vice President Morrissette, President Brandon, and Mr. Bartz explained the process. A discussion was held concerning the stipend process. Further discussion was held regarding the revision process. A discussion was held regarding section 1.3; the ultimate outcome was to have Staff reword this section, based on comments, and bring back to the Board. A discussion was held regarding section 2.2; no changes were made. A discussion was held regarding section 2.3.4; no changes were made. A discussion was held regarding section 2.4; consensus was for the section to remain as it is. Recess A recess was called at 2:45 p.m. The Meeting resumed at 2:54 p.m. 4. Discussion Regarding Policy for Relations Among Directors and With Staff Mr. Bartz explained the difference between the existing policy and the draft resolution, and why the policy needs to be amended. Mr. Bartz recommended for the Board to consider the changes, which were based on Mojave Water Agency s policy. Director Pace asked for the redline format to be used for future revisions. Regarding section 1.1, the second sentence was amended to read, The Board shall establish policies, direction, procedures, and oversight for the operation of the District. A typo in section was noted. The ordinance number throughout the Resolution needs to be updated to reflect the most recent ordinance. A discussion was held regarding section regarding parliamentary procedure; consensus was to reword the item to state an accepted parliamentary procedure. A discussion was held regarding Public participation at meetings. A discussion was held regarding District committees. Board consensus was to have a periodic review of committees agendized. Section 1.4 was amended to add (7) A review of District committees shall be conducted on an annual basis. Mr. Kennedy cautioned the Board on having committees with overlapping topics. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 5

7 PPHCSD Special Board WorkshopMinutes February 10, 2014 Page 3 of 3 A discussion was held regarding section and possibly defining what substantial work consists of; consensus was for the language to remain as is. A discussion was held regarding section and the word appoints. Mr. Kennedy explained the government code language. A discussion was held regarding micro-managing and the General Manager s statutory requirements. For section part a (1), amend to read Establishing policies, directions, procedures, and oversight For section part b (1), amend to read Recommendation of policies, direction, procedure, and oversight and (4) change officer to Director. For section part a, amend to read The Board sets the policy, direction, procedure, and oversight ; for part a (1), change Has full charge and control of to Is responsible for. ; for part b, remove committee meetings. 5. Adjourn With no further business, the Special Board Meeting was adjourned at approximately 4:28 p.m. Alex Brandon,President Kimberly Ward, Executive Secretary/HR Specialist Date Date Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 6

8 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) PHELAN PIÑON HILLS COMMUNITY SERVICES DISTRICT REGULAR BOARD MEETING February 19, 2014 Phelan Community Center 4128 Warbler Road, Phelan, CA MINUTES Board Members Present: Board Member Absent: Staff Present: Alex Brandon, President Al Morrissette, Vice President Cathy Pace, Director Mark Roberts, Director Dan Whalen, Director None George Cardenas, Engineering Manager Jack Stonesifer, Water Operations Manager Kimberly Ward, Executive Secretary/HR Specialist REGULAR BOARD MEETING 7:00 P.M. Call to Order President Brandon called the Meeting to order at 7:01 p.m. The Pledge of Allegiance was conducted. Roll Call All Directors were present. 1. Approval of Agenda Mr. Stonesifer asked to move Items 5 and 6g after Item 7b. Director Pace moved to approve the Agenda as amended. Director Whalen seconded the motion. All were in favor and the motion carried. 2. Public Comment a. General Public None b. Community Reports County Supervisor None Fire None School District None Sheriff Sergeant Mello, with the San Bernardino County Sheriff s Department, was in attendance but had nothing to report. 3. Consent Items Director Whalen asked to remove item 3c. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 7

9 PPHCSD Board Meeting Minutes February 19, 2014 Page 2 of 7 Director Pace inquired into the policies, forms, and other items related to the farmers market. ACTION ITEM: Find out if the policy for the farmers market has been created and include in agenda for next Board meeting as an agenda item if it is ready. Director Pace asked about items that were not on the Agenda; President Brandon explained why they were not on the Agenda. President Brandon stated his interview question in the Minutes and the date of the Senior Health Fair mentioned in the Presidents report were not correct. Director Roberts moved to approve the consent items as amended. Vice President Morrissette seconded the motion. All were in favor and the motion carried. 4. Matters Removed from Consent Items A discussion was held regarding consent item 3c, the contractor payment to Aghapy Group. Director Whalen had several questions regarding the payment and what work was remaining to be completed. A discussion was held regarding various work completed and in progress on the Piñon Hills Park project. A discussion was held regarding the percentage of completion for the project. After a discussion regarding the due date, the Board determined to hold payment approval until the next regular Board meeting. President Brandon moved to withhold approval of the payment to Agape until the March 5 th, 2014 Board Meeting. Director Pace seconded the motion. All were in favor and the motion carried. Mr. Johnson asked if there were copies of the contractor payment available for public view; Ms. Ward stated there was one copy available. A copy will be ed to Mr. Johnson. Director Pace moved to approve the balance of the Consent Items. Director Roberts seconded the motion. All were in favor and the motion carried. 5. Presentations/Appointments Vice President Morrissette asked if the presentation could take place in the original Agenda order; Mr. Kennedy stated it was. Mr. Cardenas gave a presentation on the condition of the District s tanks before and after rehabilitation. Mr. Tuck asked what the condition of the metal was when the paint was removed; Mr. Cardenas explained. 6. Continued/New Agenda Items Action Items a. Discussion Regarding District Broadband Powers Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 8

10 PPHCSD Board Meeting Minutes February 19, 2014 Page 3 of 7 Vice President Morrissette provided information concerning District broadband powers and stated Kathleen Rollins-McDonald will be addressing the Board on broadband powers at the next Board meeting. During the April 2, 2014 Board meeting, Martha VanRoughten will explain how the consortium works. Mr. Palecki asked what broadband powers were; Vice President Morrissette explained. Mr. Kennedy noted the District currently does not possess broadband powers and explained what would need to happen in order for the District to acquire broadband powers. Mr. Tuck had a question about accessing broadband powers; Vice President Morrissette stated it will be explained during the presentations. b. Review of Committees Mr. Stonesifer recommended for the Board President to review the status of District Committees and to determine and direct Staff if a committee is to remain, be renamed, have a status change, or be retired. Mr. Stonesifer stated the Board requested District Committees be reviewed annually and due to the possibility of new committee assignments this evening, a committee review was scheduled for discussion beforehand. A discussion was held regarding the Waste Management Committee; the Committee will determine whether to change frequency of meeting dates. A discussion was held regarding the start times of the different committees. Mr. Johnson stated the Waste Management Committee was to review the feasibility study for handling sold waste. President Brandon stated the old committee did not feel the need to make a recommendation to the Board, however the new Committee may wish to form an opinion. c. Discussion and Possible Action Regarding Committee Assignments The Board reviewed the recommendations for the new committee assignments made by President Brandon: Finance Pace, Brandon Engineering Whalen, Roberts Parks, Recreation & Street Lighting Roberts, Morrissette Waste Management Whalen, Pace Government Affairs Morrissette, Brandon Alternative Energy (ad hoc) Morrissette, Whalen Dairy Surplus (ad hoc) Brandon, Morrissette Adjudcation (ad hoc) Roberts, Brandon El Mirage Annexation (ad hoc) Pace, Whalen Director Pace moved to approve the committee assignments. Director Roberts seconded the motion. All were in favor and the motion carried. d. Discussion and Possible Action Regarding Setting Priorities for Increased Revenue Due to Rate Adjustments Director Whalen explained why he wanted this item on the Agenda. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 9

11 PPHCSD Board Meeting Minutes February 19, 2014 Page 4 of 7 A discussion was held regarding the use of reserves and various District funds. A discussion was held regarding the repayment of the Dairy water rights assets loan and the reserves allocation. Director Pace provided her understanding of the history of the property tax money for Zone L, and explained her thoughts on the taxes and where they should be spent. President Brandon stated the taxes are coming back to the community and Measure I was to allow the community, through the Board, to allocate the tax funds. A discussion was held regarding property tax funds. President Brandon stated these items will be discussed at the upcoming workshops. ACTION ITEM: For upcoming Budget workshops, distribute agenda packet items as soon as they are prepared and as early as possible. Mr. Johnson explained the property tax allocation. Mr. Tuck asked how much tax revenue is going towards parks and water. Director Pace explained where she wanted the property tax funds to go. Mr. Fish stated he does not want the ad valorem tax spent on water operations for the CSD since he is a Sheep Creek Water customer but still part of the CSD. A discussion was held regarding bonds and assessments. A discussion was held regarding property tax allocation. Mr. Tuck asked for the Board to present items to the public so they can have input; President Brandon explained all the effort put in to try and get the public involved in workshops and meetings. He noted workshops are public meetings and comments are allowed. A discussion was held concerning public comments/input. Mr. Johnsons stated two expert consultants were hired by the District and they were of the opinion the Enterprise Fund should stand on its own; the Board followed their advice and gave Staff direction to do so. Mr. Johnsons explained to Mr. Fish the only person that knows where property taxes go is the County auditor/controller; if you lived in Sheep Creek, you had no money going to Zone L but you did have money going to CSA 9. Mr. Johnson then explained the boundary changes and rule changes for utilizing the money. Director Whalen asked for clarification about how funds can be distributed/booked; President Brandon explained. e. Discussion Regarding District Water Rights Land Allocation A discussion was held regarding the number of parcels associated with the Dairy. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 10

12 PPHCSD Board Meeting Minutes February 19, 2014 Page 5 of 7 Director Pace provided her opinion on how the donated parcel of land should be booked; she does not want it under parks. President Brandon provided the rationale on why the assets were booked as they were; Director Pace took issue with the booking and a discussion ensued. Vice President Morrissette stated since Director Pace did not provide backup for her requested agenda item, this item should be brought back with the proper backup and include possible action. Mr. Johnson stated there was a name change to the booking, and not a journal entry change. f. Discussion Regarding Budget Schedule 2014/2015 Budget Process Director Pace wanted to add allocation of expenses and property tax funds to the workshop agenda. The Staff recommended schedule was accepted by the Board. Vice President Morrissette encouraged board members to ask questions during the workshops. Director Roberts asked if the financial model would be available during one of the workshops. ACTION ITEM: Add the financial model to the March 6, 2014 Board workshop. A discussion was held regarding the financial model. g. Status Update of Solar Project Mr. Cardenas reported on the status of the contract; Mr. Kennedy elaborated. The CEQA is still on schedule. Mr. Kennedy stated the contract review has been done and comments were sent to SunPower. A discussion was held regarding the CEQA process and timeframe. Mr. Kennedy explained his frustration with Mr. Whatley s timeframe. President Brandon stated the Board did not feel the same pressure and has a comfort level with waiting for the CEQA and the language Mr. Kennedy requested from SunPower eight months ago. Mr. Kennedy stated he thinks Mr. Whatley is under the impression the Board s intent was to proceed as quickly as possible. President Brandon stated the Board wants to proceed as quickly as possible so long as it is prudent and completely vetted. 7. Review of Action Items The Meeting action items were reviewed. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 11

13 PPHCSD Board Meeting Minutes February 19, 2014 Page 6 of 7 8. Committee Reports a. Engineering Committee (Standing) Director Whalen stated the Committee discussed the possibility of recouping money for the 138 project. The Committee will review the 10-year CIP. The Committee reviewed the tank cleaning and painting as discussed during the presentation. The new Committee will meet on March 12, b. Parks, Recreation & Street Lighting Committee (Standing) The Farmers Market begins this Monday, the 24 th of February; there is a waiting list for vendors. c. Finance Committee (Standing) Director Pace stated Staff continues to answer her questions nicely. An account code list will be added to financials in the future. d. Government Affairs Committee (Standing) The Committee did not meet. e. Waste Management Committee (Standing) Mr. Whalen provided a report from last month s meeting; they discussed the upcoming community cleanup. The Committee will meet tomorrow, February 20, A discussion was held regarding the upcoming community cleanup and recycling mandate. f. Adjudication Committee (Ad Hoc) The trial has been postponed. g. Surplus Inventory Committee (Ad Hoc) Nothing to report. h. Alternative Energy Committee (Ad Hoc) Previously discussed. i. El MirageAnnexation Committee (Ad Hoc) The Committee attempted to attend the El Mirage MAC meeting; they spoke with the President of the MAC. 9. Staff and General Manager s Report Director Roberts asked what the modification in the Engineering Manager s Report regarded; Mr. Cardenas explained why it was modified. Director Roberts recommended this type of information be supplied with reports. ACTION ITEM: Mr. Cardenas to provide a copy of the report referenced in the Engineering Manager s Report. Director Pace asked what the Cross Connection Program was; Mr. Stonesifer explained. A discussion was held regarding backflows in the District. 10. Reports a. Director s Report Morrissette Vice President Morrissette explained why the Prop 84 Grant Review was not on the Agenda as planned. He will be attending a webinar on February 25 th that deals with the last phase of the grant allocations in order to learn which programs to go after. He explained the proposed project submittals. A discussion was held regarding MWA grant money for capturing runoff. Whalen Director Whalen reported he attended the Senior Lunch Program. Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 12

14 PPHCSD Board Meeting Minutes February 19, 2014 Page 7 of 7 Roberts Director Roberts stated he had a long discussion about being on the Parks, Recreation & Street Lighting Committee; he looks forward to being on the Committee. Pace Director Pace attended an ethics class. A discussion was held regarding donations being made with public funds. Mr. Kennedy stated donations that the District gives are done with the donation policy where there is a benefit back to the district. A discussion was held regarding which funds can be used for donations. Director Paces asked if safety incentives are permissible; Mr. Kennedy stated they are. Director Whalen asked if Phelan Chamber of Commerce items present a conflict of interest; Mr. Kennedy stated if something related comes before the Board, then he may want to recuse himself to be cautious. b. President s Report Explained why he was lax at this evening s meeting; he will insist on protocol in the future. He noted there were several items placed on the Agenda by Directors that contained no backup materials; if they don t ask Staff for input, it is up to the Director to provide backup materials. He explained how not providing materials could appear as circumventing the Brown Act. 11. Correspondence/Information The letters from SDRMA were acknowledged. 12. Set Agenda for Next Meeting The next Board Meeting is March 5, Presentation by Kathleen Rollins-McDonald from LAFCO Regarding District Broadband Powers. Discussion and Possible Action Regarding District Water Rights Land Allocation and Revenue Distribution Status Update of Solar Project Discussion and Possible Action Regarding Proposition 84 Grants Discussion and Possible Action Regarding Resolution Concerning Establishing Policies for Relations Among Directors and With Staff Discussion and Possible Action Regarding Resolution Concerning Establishing Policies for Compensation, Reimbursement, and Ethics Training Discussion and Possible Action Regarding Farmers Market Policies Adjourn With no further business before the Board, the Meeting adjourned at approximately 10:34 pm. Alex Brandon, President Kimberly Ward, Executive Secretary/HR Specialist Date Date Office (760) Phelan Piñon Hills P.O. Box , Phelan, CA Fax (760) Community Services District PPHCSD.org 13

15 AGENDA ITEM #3b Approval of Board Stipends/Reimbursements 14

16 15

17 16

18 AGENDA ITEM #3c Approval of Contactor Payments 17

19 18

20 19

21 20

22 21

23 AGENDA ITEM #4 Matters Removed from Consent Items 22

24 AGENDA ITEM #5 Presentations/Appointments Kathleen Rollins-McDonald from LAFCO Regarding Broadband Powers 23

25 AGENDA ITEM #6a Discussion and Possible Approval of Contractor Payment Aghapy Group, Inc. 24

26 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) DATE: March 5, 2014 TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kimberly Ward, Executive Secretary/HR Specialist Discussion and Possible Approval of Contractor Payment Aghapy Group, Inc. RECOMMENDATION Staff recommends for the Board to approve the contractor payment to Aghapy Group, Inc. BACKGROUND During the February 19, 2014 Board Meeting, the contractor payment to Aghapy was pulled from the Consent Items for discussion. The Board determined to bring this item back for approval during the March 5, 2014 Board Meeting. FISCAL IMPACT $20,

27 26

28 27

29 28

30 29

31 30

32 31

33 32

34 33

35 AGENDA ITEM #6b Discussion and Possible Action Regarding District Water Rights Land Allocation and Revenue Distribution 34

36 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) DATE: March 5, 2014 TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kimberly Ward, Executive Secretary/HR Specialist Discussion and Possible Action Regarding District Water Rights Land Allocation and Revenue Distribution RECOMMENDATION None BACKGROUND Director Pace requested this item be placed on the Agenda for discussion and possible action. FISCAL IMPACT None Attachments: Detail Sales of Dairy Assets GL Detail History Listing for Accts and Jan. 31, 2014 Balance Sheet - By Fund 35

37 Detail History for Gain/Loss on Sale of Assets Post Date Packet Description Amount Source Transaction Net Assets 09/30/2013 GLPKT05427 Final Pmt-Proceed Receivable-Spec Dairy-Milkg Brn -20,00 Journal Entry : JN /30/2013 GLPKT05427 Net Bk Val $88,841.19<130k>Proceeds=$41,158.81Gain 0.01 Journal Entry : JN /30/2013 GLPKT05427 Dispose Asset ID Milking Barn-Sep , Journal Entry : JN /25/2013 GLPKT05427 Dispose Asset ID Stanchions-Sep , Journal Entry : JN /25/2013 GLPKT05427 Net Bk Val $38,490.56<10k>Proceeds=$28,490.56Loss 0.01 Journal Entry : JN /25/2013 GLPKT05428 R/C High Dsrt Dairy Gain/Loss Dep to newg/l-sep'13-10,00 Journal Entry : g 09/05/2013 GLPKT05428 R/C Special Dairy Gain/Loss Dep to new G/L-Sep '13-50,00 Journal Entry : JN /05/2013 GLPKT05428 R/C Special Dairy Gain/Loss Dep to new G/L-Sep '13 60,00 Journal Entry : JN /05/2013 GLPKT05437 Undo prior R/C Special Dairy-s/b opposite-sep '13-60,00 Journal Entry : JN /05/2013 GLPKT05437 R/C Dairy Gain/Loss Dep Corr to new G/L-Sep '13-60,00 Journal Entry : JN01965 Totals Sale of Dairy Assets: -12, /3/2013 Check Recei Specialized Dairy Services 60,00 for purchase of Milking Barn 9/5/2013 Check Recei Specialized Dairy Services 50,00 for purchase of Milking Barn 9/18/2013 Check Recei Delmar Van Dam & Sons DBA High Desert Dairy 10,00 for purchase of Stanchions 9/30/2013 Record AR Record Balance due on Milking Barn 20, , , Proceeds Received -10,00-50,00-60,00 A/R Proceeds -20,00 Net Gain 127, ,00-20,00-12, When Assets are sold, the entry required is as follows: Remove the Asset from the Asset General Ledger Account ,00 Remove the Asset's depreciation to date from the GL Acct , = Net Asset Value -88, Record the Net Asset Value into the General Ledger Account for Gain/Loss of Assets Record the Cash (or check) received to the General Ledger Account for Gain/Loss of Assets Record the Cash (or check) received to the General Ledger Account for for cash , , ,00 36

38 Phelan Pinon Hills Community Services District Detail of General Ledger Accounts where Donated Land/Equipment was recorded (the Meadowbrook Dairy) Detail History for Land Post Date Packet Description Amount Source Transaction 07/02/2013 GLPKT05432 Reclassify Dairy Land Fixed Assets-PP to new G/L 1,389,00 Journal Entry : JN01962 Totals 1,389,00 Detail History for Building & Facilities Post Date Packet Description Amount Source Transaction 09/30/2013 GLPKT05427 Dispose Asset ID Milking Barn-Sep ,00 Journal Entry : JN01959 Totals 09/25/2013 GLPKT05427 Dispose Asset ID Stanchions-Sep ,00 Journal Entry : JN /02/2013 GLPKT05426 Re-class Dairy Accrual Rev to new G/L's-Jul '13-180,00 Journal Entry : JN /02/2013 GLPKT05426 Re-class Dairy Accrual Rev to new G/L's-Jul '13-68,00 Journal Entry : JN /02/2013 GLPKT05426 Re-class Dairy Accrual Rev to new G/L's-Jul '13-355,00 Journal Entry : JN /02/2013 GLPKT05426 Re-class Dairy Accrual Rev to new G/L's-Jul '13-110,00 Journal Entry : JN /02/2013 GLPKT05432 R/C Dairy Fixed Assets-PP (Sep Disp) to new G/L 130,00 Journal Entry : JN /02/2013 GLPKT05432 R/C Dairy Fixed Assets-PP (Jul Disp) to new G/L 713,00 Journal Entry : JN /02/2013 GLPKT05432 Reclassify Dairy Fixed Assets-PP to new G/L 540,00 Journal Entry : JN ,00 The Donated Land, Buildings and Equipment was originally recorded as one lump sum to Land. This was reclassified to agree with the appraisal of the Donated items. It was determined that the actual resale value of some items was much less than the appraised value. Rather than continue to depreciate these items each year at the appraised value, the District made journal entries to reduce the asset values to the real market value. This was done as a result of discussions with the Auditors. The District did not want the value (to the District) of the Asset to be overstated and also did not want to have the expense of higher depreciation that wasn't appropriate. The Auditor agreed. 37

39 Phelan Pinon Hills Community Services Distri Balance Sheet - By Fund Account Summary As Of 1/31/2014 Beginning Balance 7/1/2013 1/31/2014 Change Fund: 01 - ENTERPRISE FUND Assets Current Assets 11 - Cash Cash in Bank 5,671, ,357, , Rate Stabilization Cash Fund 200,00 200, LAIF - Net Incr/Decr Fair Value Total 11 - Cash 5,871, ,557, , Accounts Receivable Accounts Receivable - Water 759, , , A/R - Accrual COBRA Insurance - A/R 4, , Delinquent Accounts to Tax Roll 52, , , Delinquent Accounts to Tax Roll - 70 L 16, , Water Availability Receivable - WC13 69, , , Water Availability Receivable - UD60 49, , Other Receivable 2, , Accrued Interest Receivable-GF Total 12 - Accounts Receivable 954, , , Inventory Inventory - Water Field Parts 168, , , Total 13 - Inventory 168, , , Other Current Assets Prepaid Expense 1, , , Prepaid - Worker's Comp 9, , , Pre Paid Benefit 23, , , Total 14 - Other Current Assets 34, , , Total Current Assets 7,029, ,192, , Fixed Assets 15 - Fixed Assets Land - Water OP 340, , Land 439, , Water Rights 14,760, ,760, Planning and Development 319, , Bldg & Facilities -Pump Station 4,114, ,114, Bldg & Facilities - Admin 563, , Wells 4,904, ,904, Reservoirs 4,187, ,187, Tanks 1,463, ,463, Hydrants Telemetry & Control 191, , Transmission & Dist. Mains 17,200, ,200, Meters 1,921, ,921, Total 15 - Fixed Assets 50,406, ,406, Equipment Equipment - Computer 364, , Equipment-Office Furnitures &Eq 24, , Equipment - Operation 101, , Trucks 415, , Backhoe & Trailer 51, , Dump Truck 33,30 33, Other Equipment 82, , /7/ :15:34 AM Page 1 of 5 38

40 Balance Sheet - By Fund As Of 1/31/2014 Beginning Balance 7/1/2013 1/31/2014 Change Total 16 - Equipment 1,074, ,074, CIP CIP - 2,341, ,740, , Total 17 - CIP 2,341, ,740, , Accumulated Depreciation Accm. Depreciation - ADM -26, , , Accm. Depreciation - Bldg & Fac - Pump Station -2,401, ,462, , Accm. Depreciation - Wells -1,069, ,154, , Accm. Depreciation - Reservoirs -1,979, ,069, , Accm. Depreciation - Tanks -278, , , Accm. Depreciation - Hydrants Telemetry & Cont -189, , Accm. Depreciation - Transmissions & Dist Main -10,453, ,682, , Accm. Depreciation - Meters -624, , , Accm. Depreciation - Equipment - Computer -128, , , Accm. Depreciation - Office Furniture & Equip -18, , , Accm. Depreciation - Equipment - Operation -22, , , Accm. Depreciation - Truck -329, , , Accm. Depreciation - Backhoe & Trailer -35, , , Accm. Depreciation - Dump Truck -28, ,19-3, Accm. Depreciation - Other Equipment -28, , , Accm. Amortization -64, , , Total 19 - Accumulated Depreciation -17,681, ,403, , Total Fixed Assets 36,140, ,818, , Other Assets 18 - Other Assets Deposits Total 18 - Other Assets Total Other Assets Total Assets: 43,170, ,011, ,158, Liability Current Liabilities 21 - Accounts Payable Accounts Payable - Trade 58, , , Total 21 - Accounts Payable 58, , , Accrrued Payable Accrued Payable 160, , Accrued Interest Payable 109, , Deferred Revenue Total 22 - Accrrued Payable 270, , Deposit Customer Deposit - Meter 1,50-1, Customer Deposit - Maint. Bond 3,70 3,70 Total 23 - Deposit 5,20 3,70-1, Payroll Liability Accrued Payroll 36, , Payroll Tax Payable 8, , Retirement W/H Payable -3, , Retirement W/H Payable-Prior 23, , Worker's Compensation Payable -5, , Aflac W/H Payable Retirement 457 W/H Payable Current P- Compensated absences 32, , Total 24 - Payroll Liability 93, , , Other Current Liabilities AP Loan - Misc 3, , , /7/ :15:34 AM Page 2 of 5 39

41 Balance Sheet - By Fund As Of 1/31/2014 Beginning Balance 7/1/2013 1/31/2014 Change Total 25 - Other Current Liabilities 3, , , Total Current Liabilities 430, , , Long Term Liabilities 29 - Long Term Liability Loan Payable - CIEDB 2,621, ,522, , CIEDB Loan 7,500,00 7,323, , Compensated absences 32, , Total 29 - Long Term Liability 10,153, ,877, , Total Long Term Liabilities 10,153, ,877, , Total Liability: 10,584, ,944, , Equity 31 - Board Designated Reserves Operating Reserve - Water&Adm 1,079, ,079, Debt Service Reserve - CEIDB 109, , Water Rate Stabilization Fund 200,00 200, Replacement Reserve - Water&Adm 2,483, ,483, Catastrophic Reserve-Water&Adm 1,915, ,915, Total 31 - Board Designated Reserves 5,789, ,789, Unrestricted Unrestricted Net Assets 3,032, ,032, Total 32 - Unrestricted 3,032, ,032, Investment in Plant Investments in Utility Plant-OP 23,764, ,764, Total 33 - Investment in Plant 23,764, ,764, Total Beginning Equity: 32,586, ,586, Total Revenue 2,465, ,465, Total Expense 2,983, ,883, Total Equity and Current Surplus (Deficit): 32,586, ,067, , Total Liabilities, Equity and Current Surplus (Deficit): 43,170, ,011, ,158, /7/ :15:34 AM Page 3 of 5 40

42 Balance Sheet - By Fund As Of 1/31/2014 Beginning Balance 7/1/2013 1/31/2014 Change Fund: 02 - GOVERNMENT FUND Assets Current Assets 11 - Cash Cash in Bank 4,683, ,165, , Total 11 - Cash 4,683, ,165, , Accounts Receivable Accounts Receivable - Parks 9, , , Tax Receivable - PPHCSD 14, , Other Receivable 20,00 20,00 Total 12 - Accounts Receivable 24, , , Total Current Assets 4,707, ,186, , Fixed Assets 15 - Fixed Assets Land 1,389,00 1,389, Land - Parks - Phelan 1,126, ,126, Land - Parks - Pinon Hills 53, , Bldg & Facilities - Admin 1,383,00 540,00-843, Improvement - Phelan 616, , Improvement - Pinon Hills 440, , Total 15 - Fixed Assets 5,009, ,166, , Equipment Equipment - P 12, , Total 16 - Equipment 12, , CIP CIP - 147, , , Total 17 - CIP 147, , , Accumulated Depreciation Accm. Depreciation - Parks -1,366, , , Accm. Depreciation - OP -3, , Total 19 - Accumulated Depreciation -1,370, , , Total Fixed Assets 3,799, ,656, , Total Assets: 8,506, ,842, , Liability Current Liabilities 21 - Accounts Payable Accounts Payable - Trade 41, , Total 21 - Accounts Payable 41, , Accrrued Payable Accrued Payable 1, , Deferred Revenue Total 22 - Accrrued Payable 1, Payroll Liability Accrued Payroll 4, , Current P- Compensated absences 2, , Total 24 - Payroll Liability 7, , , Total Current Liabilities 50, , , Long Term Liabilities 29 - Long Term Liability Compensated absences 2, , Total 29 - Long Term Liability 2, , Total Long Term Liabilities 2, , Total Liability: 53, , , /7/ :15:34 AM Page 4 of 5 41

43 Balance Sheet - By Fund As Of 1/31/2014 Equity Beginning Balance 7/1/2013 1/31/2014 Change 31 - Board Designated Reserves Operating Reserve - Govt Fund 70, , Replacement Reserve - Govt Fund 76, , Catastrophic Reserve - Govt Fund 106, , Total 31 - Board Designated Reserves 253, , Unrestricted Unrestricted Net Assets 6,053, ,053, Total 32 - Unrestricted 6,053, ,053, Investment in Plant Investments in Utility Plant-P 2,145, ,145, Total 33 - Investment in Plant 2,145, ,145, Total Beginning Equity: 8,453, ,453, Total Revenue 588, , Total Expense 205, , Total Equity and Current Surplus (Deficit): 8,453, ,836, , Total Liabilities, Equity and Current Surplus (Deficit): 8,506, ,842, , /7/ :15:34 AM Page 5 of 5 42

44 AGENDA ITEM #6c Review, Discussion, and Possible Action Regarding the Award of the Highway 138 Water Pipeline Relocation Project 43

45 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) DATE: March 5, 2014 TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager by: George Cardenas, Engineering Manager Review, Discussion, and Possible Action Regarding the Award of the Highway 138 Water Pipeline Relocation Project RECOMMENDATION Staff recommends for the Board to award the Highway 138 Water Pipeline Relocation Project to Genesis Construction for a total cost of $556,777. BACKGROUND Caltrans is moving forward with the widening of Highway 138 from Interstate 15 to 300' west of Evergreen Road. This project is scheduled to break ground in June of The District is required to relocate all facilities that impact the final design of the State Highway 138 widening project by May 31, At the January 15, 2014 Board meeting, the Board approved to move forward with soliciting bids for the construction of the Highway 138 Water Pipeline Relocation Project. The project was advertised in the Mountaineer Progress and the Daily Press the week of January 23, A pre-bid meeting was held on Monday, February 10, Addendum No. 1 was issued on February 11, A public bid opening was held on Friday, February 21, 2014 at 3:00pm with four contractors submitting a proposal for the project (see attachment). FISCAL IMPACT: $556,777 ATTACHEMENTS: Bid Abstract 44

46 Highway 138 Water Relocation Project No BID ABSTRACT Item No. Description Quantity Unit Unit Price Amount Calc'd Unit Price Amount Calc'd Unit Price Amount Calc'd Unit Price Amount Calc'd Unit Price Amount 1 Mobilization 1 LS $ 20,00 $ 20,00 $ 35,00 $ 35,00 $ 10,00 $ 10,00 $ 14, $ 14, $ 68, $ 68, Traffic Control 1 LS $ 10,00 $ 10,00 $ 18,00 $ 18,00 $ 5,00 $ 5,00 $ 23, $ 23, $ 2,00 $ 2,00 3 Erosion Control 1 LS $ 15,00 $ 15,00 $ 13,00 $ 13,00 $ 5,00 $ 5,00 $ 39, $ 39, $ 5,00 $ 5,00 4 Utility Potholing 1 LS $ 7,50 $ 7,50 $ 32,00 $ 32,00 $ 5,00 $ 5,00 $ 13, $ 13, $ 10,00 $ 10,00 5 Trench Sheeting. Shoring & Bracing 1 LS $ 10,00 $ 10,00 $ 13,00 $ 13,00 $ 8,00 $ 8,00 $ 3, $ 3, $ 10,00 $ 10,00 6 Construct 6" DIP Water Main & Fittings 9 LF $ $ $ $ 3, $ $ 1, $ $ 1, $ 30 $ 2,70 7 Construct 6" DIP Water Main in existing 18" Steel Casing 108 LF $ 12 $ 12,96 $ $ 13, $ 8 $ 8,64 $ $ 33, $ $ 8,10 8 Construct 16" Steel Casing (3/8" Wall) with 6" DIP Water Main 36 LF $ $ 6,30 $ 60 $ 21,60 $ 35 $ 12,60 $ $ 14, $ 26 $ 9,36 9 Construct 18" Steel Casing (3/8" Wall) with 6" DIP Water Main 37 LF $ 18 $ 6,66 $ 63 $ 23,31 $ 45 $ 16,65 $ $ 19, $ 29 $ 10,73 10 Construct 8" DIP Water Main & Fittings 224 LF $ 10 $ 22,40 $ 11 $ 24,64 $ $ 25,76 $ $ 15, $ 9 $ 20,16 11 Construct 8" PVC CL-235 Water Main & Fittings 713 LF $ $ 53, $ 11 $ 78,43 $ $ 74, $ $ 32, $ 4 $ 28,52 12 Jack 24" Steel Casing (3/8" wall) with 8" DIP Water Main 93 LF $ 35 $ 32,55 $ 1, $ 102, $ 65 $ 60,45 $ $ 52, $ 65 $ 60,45 13 Construct 10" DIP Water Main & Fittings 61 LF $ 10 $ 6,10 $ $ 34, $ $ 7, $ $ 4, $ 10 $ 6,10 14 Construct 10" DIP Water Main in existing 30" Steel Casing 55 LF $ 15 $ 8,25 $ $ 11, $ $ 12, $ $ 26, $ 11 $ 6,05 15 Construct 30" Steel Casing (3/8" Wall) with 10" DIP Water Main 36 LF $ 20 $ 7,20 $ $ 20, $ 55 $ 19,80 $ $ 20, $ $ 13,50 16 Remove and Salvage Fire Hydrant Assy 1 EA $ 1,20 $ 1,20 $ 2,10 $ 2,10 $ 50 $ 50 $ $ $ 50 $ Remove and Salvage Existing Blow off Assy 1 EA $ 1,00 $ 1,00 $ 2,70 $ 2,70 $ 50 $ 50 $ $ $ 50 $ Cut & Cap ACP Water Line & Install Thrust Blocks 2 EA $ 1,80 $ 3,60 $ 3,50 $ 7,00 $ 60 $ 1,20 $ 4, $ 8, $ 2,00 $ 4,00 19 Construct 1" Air Release Assy 1 EA $ 16,50 $ 16,50 $ 4,60 $ 4,60 $ 5,00 $ 5,00 $ 4, $ 4, $ 2,50 $ 2,50 20 Construct 12" x 8" Hot Tap with 8" Tapping Valve 1 EA $ 3,00 $ 3,00 $ 7,00 $ 7,00 $ 8,50 $ 8,50 $ 6, $ 6, $ 6,00 $ 6,00 21 Install 2" Saddle Tap per plan details 1 EA $ 2,25 $ 2,25 $ 2,10 $ 2,10 $ 2,00 $ 2,00 $ $ $ 50 $ Construct 8" RW Gate Valve 3 EA $ 1,20 $ 3,60 $ 1,60 $ 4,80 $ 3,00 $ 9,00 $ 2, $ 6, $ 3,00 $ 9,00 23 Cut and Join Existing ACP Water Main with transition Coupling 4 EA $ 2,25 $ 9,00 $ 2,40 $ 9,60 $ 3,00 $ 12,00 $ 2, $ 10, $ 3,00 $ 12,00 24 Cut and Join Existing ACP per plan details 1 EA $ 45,00 $ 45,00 $ 2,40 $ 2,40 $ 1,50 $ 1,50 $ 2, $ 2, $ 3,00 $ 3,00 25 Remove 6"ACP Water Line in Existing Steel Casing 108 LF $ 3 $ 3,24 $ $ 9, $ 1 $ 1,08 $ $ 9, $ $ 2,70 26 Remove 6" ACP Water Line in Existing Steel Casing 505 LF $ 2 $ 10,10 $ $ 16,16 $ 1 $ 5,05 $ $ 23, $ $ 7, Remove 8" ACP Water Line 253 LF $ $ 6, $ 7 $ 17,71 $ $ 2, $ $ 11, $ $ 4, Remove 10" ACP Water Line 125 LF $ 3 $ 3,75 $ $ 11,50 $ $ 1, $ $ 5, $ $ 2, Remove 10"ACP Water Line in Existing Steel Casing 55 LF $ 4 $ 2,20 $ $ 7,59 $ 2 $ 1,10 $ $ 7, $ 3 $ 1,65 30 Remove 12" ACP Water Line 64 LF $ $ 2,24 $ $ 8, $ $ 1, $ $ 3, $ $ 1,60 31 Dispose 6" ACP Water Line 613 LF $ $ 13, $ 5.00 $ 3, $ 1 $ 6,13 $ 8.01 $ 4, $ $ 6, Dispose 8" ACP Water Line 253 LF $ $ 6, $ 8.00 $ 2, $ $ 2, $ 7.99 $ 2, $ $ 3, Dispose 10" ACP Water Line 180 LF $ $ 4, $ 9.00 $ 1,62 $ $ 2,16 $ 7.98 $ 1, $ $ 2,34 34 Dispose 12" ACP Water Line 64 LF $ 3 $ 1,92 $ $ 1, $ $ $ 8.04 $ $ $ Abandon In-Place 8"ACP Water Line and Fill Pipe with 1-sack Sand Cement Slurry 100 LF $ $ 1,50 $ $ 3,50 $ 5 $ 5,00 $ $ 1, $ 2 $ 2, Construct 10" DIP (Class 350) Water Main Drop Section with Fittings and 4" B.O. Assembly (Location A, Sta to Sta ) per PPHCSD Std Plan W9 and W21 Construct 8" DIP (Class 350) Water Main Drop Section cut and tie into existing 8 AC pipe with Fittings, 1 A.V., and 4" B.O. Assembly (Location B, Sta to Sta ) per PPHCSD Std Plan W9 and W21 Construct 6" DIP (Class 350) Water Main Drop Section cut and tie into existing 6 AC pipe with transition coupling, Fittings and 4" B.O. Assembly (Location C, Sta to Sta ) per PPHCSD Std Plan W9 and W21 Construct 6" DIP Class 350) Water Main Drop Section cut and tie into existing 6 AC pipe with Fittings, 1 A.V., and 4" B.O. Assembly (Location D, Sta to Sta ) per PPHCSD Std Plan W9 and W21 Construct 6" DIP (Class 350) Water Main Drop Sections cut and tie into existing 6 AC pipe with Fittings, 1 A.V., and 4" B.O. Assemblies (Location E, Sta to Sta and Sta to Sta ) per PPHCSD Std Plan W9 and W21 Water Main Drop Section cut and tie into existing 6 AC pipe with 16" Steel Casing (3/8" wall), Fittings and 4 HYD/B.O. Assembly (Location G, Line A, Sta to Sta ) per PPHCSD Std Plan W9 and W21 Construct 12" DIP (Class 350) Water Main Drop Section cut and tie into existing 12 AC pipe with 24" Steel Casing (3/8" wall),fittings and 4" B.O. Assembly (Location G, Line B, Sta to Sta )) per PPHCSD Std Plan W9 and W21 Engineer's Estimate TK Construction Vito Samarzich, Inc. Christensen Brothers General Engineering, Inc. Genesis Construction 1 LS $ 31,00 $ 31,00 $ 23,00 $ 23,00 $ 65,00 $ 65,00 $ 17, $ 17, $ 26,00 $ 26,00 1 LS $ 14,00 $ 14,00 $ 26,00 $ 26,00 $ 35,00 $ 35,00 $ 27, $ 27, $ 28,00 $ 28,00 1 LS $ 37,00 $ 37,00 $ 19,00 $ 19,00 $ 40,00 $ 40,00 $ 14, $ 14, $ 25,00 $ 25,00 1 LS $ 15,00 $ 15,00 $ 22,00 $ 22,00 $ 35,00 $ 35,00 $ 26, $ 26, $ 28,00 $ 28,00 1 LS $ 37,00 $ 37,00 $ 23,00 $ 23,00 $ 50,00 $ 50,00 $ 51, $ 51, $ 55,00 $ 55,00 1 LS $ 21,00 $ 21,00 $ 24,00 $ 24,00 $ 40,00 $ 40,00 $ 30, $ 30, $ 28,00 $ 28,00 1 LS $ 26,00 $ 26,00 $ 26,00 $ 26,00 $ 40,00 $ 40,00 $ 30, $ 30, $ 32,00 $ 32,00 ACTUAL TOTAL OF ITEMS $ 541, $ 733, $ 648, $ 627, $ 556, TOTAL SHOWN ON BID FORM NA $ 733, $ 648, $ 627, $ 556, ERROR NA $ $ -$0.24 $ 1 of 1 Bid Abstract.xlsBid Tab 45

47 AGENDA ITEM #6d Discussion and Possible Action Regarding Proposition 84 Grants 46

48 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) DATE: March 5, 2014 TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kimberly Ward, Executive Secretary/HR Specialist Discussion and Possible Action Regarding Proposition 84 Grants RECOMMENDATION None BACKGROUND Vice President Morrissette requested this item be placed on the Agenda for discussion and possible action. FISCAL IMPACT None Attachments: Prop 84 Update by Vice President Morrissette 47

49 Prop 84 Update The State Water Agency held a workshop focused upon Integrated Regional Water Management Plans and the allotment of Proposition 84 final round of funding. We are within the jurisdiction of the Lahotan region, which has the smallest allotment of funds with the majority of funding going to Los Angeles/Ventura and San Francisco regions. According to the plan Lahotan has $10,278,500 remaining out of an original $27 million. The final round consists of $472.5 million plus an extra $20 million from Cap and Trade funding. Of the $472.5 million, $21.8 million have already been redirected to fund some projects approved in the last round, plus the full allotment needs to be bond issued by the Legislature in this session. Project funding is based upon a 20% match that can be from in-kind or cash based funds. Disadvantage community projects have a priority, yet are only one of 6 point criteria to accomplish. They will retain the 2012 guidelines but are in the process of some adjustments to those criteria and anticipate having a guideline draft available for comment soon. After comments are reviewed then a final guideline will be issued. One potential timeline change may shorten the process as there was significant mention to have allotments granted by the end of the year. Current timeline would have allotments confirmed by June 2015 Applications should be water supply enhancement based and shovel ready as plans must be submitted for review 60 days prior to application date. $200 million have been designated to fund drought preparedness conservation projects. There was discussion about submitting single project proposals vs. multi-project proposals, but that determination will come after all workshops have been fulfilled and a 30 day comment period accomplished. The aforementioned Cap and Trade $20 million is available statewide for Greenhouse Gas reduction projects. If Mojave Water Agency applies for more funding, we may be able to team with them. On Feb 4, they were approved for the maximum allotment $3 million, which $1.5 million went to the Victorville Waste Water Agency and the other $1.5 million towards the R-Cue project. We are in contact with Lahotan, which is the regional agency we can apply through and they have a consultant to work with any agency applying for any of the State Prop 84 programs. As previously discussed we may be able to utilize this process to gain funding for water supply enhancement and safety with the replacement of the 4 inner surfaces of 3 reservoirs plus the seismic valve installation on our 35 reservoirs. 48

50 49

51 50

52 AGENDA ITEM #6e Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Board Compensation, Reimbursement, and Ethics Training 51

53 Phelan Piñon Hills Community Services District 4176 Warbler Rd. P. O. Box Phelan, CA (760) Fax (760) DATE: 3/5/2014 M E M O R A N D U M TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kim Ward, Executive Secretary/HR Specialist Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Compensation, Reimbursement, and Ethics Training RECOMMENDATION Staff recommend for the Board to adopt Resolution No ; Establishing Policies for Compensation, Reimbursement, and Ethics Training. BACKGROUND This Resolution is periodically reviewed by the Board to make changes as necessary. On February 10, 2014, the Resolution was presented at a special Board workshop for review and revision. The Board came to consensus on several revisions and also requested for each Board member to submit their written suggestions to the General Manager. The Executive Secretary/HR Specialist took the Board suggestions from the workshop, and the separate written suggestions, and incorporated them into the included draft. Changes were made using the redline format in which red indicates a change, whether it be an addition or deletion; a deletion is indicated by utilizing a strikethrough. Attached for Board review is the Draft Resolution with all of the recommendations made by the Board. For the purposes of clarity, the Draft Resolution with suggestions made by Director Pace and President Brandon have also been included. FISCAL IMPACT None Attached: Draft Resolution ; Establishing Policies for Compensation, Reimbursement, and Ethics Training Draft Resolution with Director Pace s Edits/Comments Draft Resolution with President Brandon s Edits/Comments 52

54 RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PIÑON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, AND ETHICS TRAINING WHEREAS, the Board of Directors of the Phelan Piñon Hills Community Services District finds as follows: A. The Phelan Piñon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose activities are subject to the requirements of California law, including but not limited to the Local Government Sunshine Bill ( AB 1234 ). C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement and expenses, and (3) Board member ethics training. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Phelan Piñon Hills Community Services District as follows: Section 1. COMPENSATION Amount. The amount of Board member compensation by the District shall be determined in accordance with all applicable requirements of California law. Pursuant to said requirements, the Board shall set the amount of such compensation at a rate established by adoption of a separate ordinance or resolution. 1 53

55 1.2. Day of Service Definition. For purposes of determining eligibility for compensation of Board members pursuant to the ordinance or resolution referred to in Section 1.1 above, the term day of service is defined as follows, and Board member attendance, representation, and participation shall be deemed previously approved by the Board, pursuant to Government Code Section 61047(e): (a) (b) (c) (d) Attendance at a meeting of the Board; Participation at a meeting of a standing committee of the Board; Attendance at a meeting of an ad hoc committee of the Board; Attendance at a meeting with the District s General Manager involving the operations of the District; (e) Attendance at a meeting with the District s auditors, attorneys, or other consultants involving matters for which the consultants have been retained by the District; (f) Attendance at a meeting of a local, state, or federal body with subject matter jurisdiction affecting the operations of the District; (g) Attendance at a meeting with a local, state, or federal representative concerning matters involving the operations of the District; (h) Participation in the following activities, provided that the Board member delivers a written or oral report to the Board regarding the member s participation at the next Board meeting following the event: (1) A conference, seminar, or organized educational or training activity involving matters related to the functions and operations of the District; and (2) A scheduled meeting of organizations with interests in 2 54

56 matters involving the functions and operations of the District in excess of one hour and at the direction of the Board; (i) Representation of the District at the following scheduled events, provided that the event is in excess of one hour, directed by the Board, and the Board member delivers a written or oral report to the Board regarding the member s representation at the next Board meeting following the event: (1) A public event concerning non-political matters involving the functions and operations of the District; (2) A public meeting or a public hearing conducted by another public agency; and (3) A public benefit nonprofit corporation on whose boardin which the District has membership; (j) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be eligible for compensation for one meeting on that day Procedure. To receive compensation for attendance or participation at approved meetings, a Board member shall submit to the District s General Manager a payment request (Board Stipend & Expense Voucher/Report) for the calendar month by no later than the Monday of the week preceeding the second regular Board meeting of the following month. By such meeting, the Board will review and approve the payment request. Upon approval of the payment request, the payment will be processed during the next scheduled payroll period. Payment 3 55

57 requests not submitted during the specified time period shall be agendized as a separate item and be subject to review and approval by the Board. Section 2. REIMBURSEMENT AND/OR CREDIT CARD CHARGES. Pursuant to Government Code Section 61047(c), the District shall reimburse Board members for their actual and necessary traveling and incidental expenses incurred while on official business as provided herein. The provisions below shall apply to credit card charges as well as direct reimbursements Qualifying Events. Pursuant to Government Code Section (b), the types of occurrences that qualify a Board member to receive reimbursement of eligible expenses set forth in Section 2.2 below shall be any occurrence that is listed in Section of this Resolution Eligible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs, or other charges for participation at the meeting; (2) transportation to and from the meeting, including airfare, car rental, or mileage for use of a Board member s own automobile, and other miscellaneous transportation costs (shuttle, taxi, parking, etc.); (3) lodging at the single-room rate; and (4) reasonable costs of meals Rates Registration, Tuition, and Meeting Charges. The District reimbursement rate for registration or other charges for participation at a meeting shall be the actual amount incurred, not to exceed the maximum rate published by the conference or activity sponsor for timely registration after applying all applicable deductions for any available discounts Transportation. (a) Members of the Board must use government and group rates 4 56

58 offered by a provider of transportation services for travel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred, not to exceed the cost of round-trip coach airfare. (b) The District reimbursement rate for mileage by use of a Board member s own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the Internal Revenue Code in effect at the time of the vehicle usage. (c) The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred Lodging. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available, the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging Meals. The District reimbursement rate for Board member meals shall be the actual amount incurred, not to exceed the applicable Internal Revenue Service rates for reimbursement as established in Publication 463 or any successor publication, or $10, whichever is less, for each day of service on behalf of the District Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates for reimbursement as established in Publication 463, or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service 5 57

59 reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred Budget Limits. The maximum amount of District-paid expenses that each Board member may annually incur without separate prior Board approval is $3,00 each fiscal year Ineligible Expenses. Board members shall not be eligible for District reimbursement of any expenses incurred by any person traveling or attending a meeting as a guest of the Board member unrelated to District business. No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business and not specifically approved herein Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District s General Manager expense reports for the calendar month by the second regular Board meeting of the following month, and the reports shall be accompanied by detailed/itemized receipts documenting each expense. Detailed/itemized receipts for credit card charges shall be documented on the monthly expense form, however the receipts must be submitted to the District as soon as possible after the charge is incurred. By the second regular Board meeting of each month, the Board will review and/or approve District reimbursement of Board member expenses incurred during the previous month. All documents related to reimbursable District expenditures, or expenditures charged on a District credit card, are public records subject to disclosure under the California Public Records Act Report. Board members shall provide brief reports on meetings attended at the 6 58

60 expense of the District at the next regular meeting of the Board. Information will be provided to the Board at a Board Meeting concerning events, meetings, conferences and educational opportunities prior to attendance where practical. Section 3. ETHICS TRAINING Requirement. Each local agency official of the District must receive training in ethics laws no later than one year from the first day of service with the District. Thereafter, each local agency official must receive such training at least once every two years Application Local Agency Official. As used in Section 3.1 of this Resolution, the term local agency official means all of the following: (a) (b) All Board members; and All executive staff of the District Ethics Laws. As used in Section 3.1 of this Resolution, the phrase ethics laws includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws; (b) Laws relating to claiming prerequisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws; and 7 59

61 (d) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members District Responsibilities Records. The District shall maintain records indicating (a) the dates that local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act Notice. The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. REVIEW OF RESOLUTION ON ANNUAL BASIS. Each year the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Section 5. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or 8 60

62 circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 6. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on March 1610, , and shall become effective immediately upon adoption. ADOPTED this 10 th day of July, th day of March, AYES: NOES: ABSTAIN: ABSENT: Roberts, Johnson, Brandon, Fahrlender, and Morrissette President, Board of Directors ATTEST: Secretary 9 61

63 Director Pace s Edit RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PIÑON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, AND ETHICS TRAINING WHEREAS, the Board of Directors of the Phelan Piñon Hills Community Services District finds as follows: A. The Phelan Piñon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose activities are subject to the requirements of California law, including but not limited to the Local Government Sunshine Bill ( AB 1234 ). C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement and expenses, and (3) Board member ethics training. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Phelan Piñon Hills Community Services District as follows: Section 1. COMPENSATION Amount. The amount of Board member compensation by the District shall be determined in accordance with all applicable requirements of California law. Pursuant to said requirements, the Board shall set the amount of such compensation at a rate established by adoption of a separate ordinance or resolution. 1 62

64 1.2. Day of Service. Director Pace s Edit Definition. For purposes of determining eligibility for compensation of Board members pursuant to the ordinance or resolution referred to in Section 1.1 above, the term day of service is defined as follows, and Board member attendance, representation, and participation shall be deemed previously approved by the Board, pursuant to Government Code Section 61047(e): (a) (b) (c) (d) Attendance at a meeting of the Board; Participation at a meeting of a standing committee of the Board; Attendance at a meeting of an ad hoc committee of the Board; Attendance at a meeting with the District s General Manager involving the operations of the District; (e) Attendance at a meeting with the District s auditors, attorneys, or other consultants involving matters for which the consultants have been retained by the District; (f) Attendance at a meeting of a local, state, or federal body with subject matter jurisdiction affecting the operations of the District; (g) Attendance at a meeting with a local, state, or federal representative concerning matters involving the operations of the District; (h) Participation in the following activities, provided that the Board Comment [CP1]: This should also state that it is a scheduled meeting in excess of 1 hour Comment [CP2]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board Comment [CP3]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board Comment [CP4]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board member delivers a written or oral report to the Board regarding the member s participation at the next Board meeting following the event: (1) A conference, seminar, or organized educational or training activity involving matters related to the functions and operations of the District; and (2) A meeting of organizations with interests in matters Comment [CP5]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board 2 63

65 Director Pace s Edit involving the functions and operations of the District; (i) Representation of the District at the following events, provided that Comment [CP6]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board the Board member delivers a written or oral report to the Board regarding the member s representation at the next Board meeting following the event: (1) A public event concerning non-political matters involving Comment [CP7]: This should also state that it is a scheduled meeting in excess of 1 hour and at the direction of the board the functions and operations of the District; (2) A public meeting or a public hearing conducted by another public agency; and (3) A public benefit nonprofit corporation on whose board the District has membership; (j) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be eligible for compensation for one meeting on that day Procedure. To receive compensation for attendance or participation at approved meetings, a Board member shall submit to the District s General Manager a payment request for the calendar month by the second regular Board meeting of the following month. By such meeting, the Board will review the payment request. Section 2. REIMBURSEMENT AND/OR CREDIT CARD CHARGES. Comment [kw8]: Staff working on suggested procedure. Pursuant to Government Code Section 61047(c), the District shall reimburse Board members for their actual and necessary traveling and incidental expenses incurred while on official business as provided herein. The provisions below shall apply to credit card charges as 3 64

66 well as direct reimbursements. Director Pace s Edit 2.1. Qualifying Events. Pursuant to Government Code Section (b), the types of occurrences that qualify a Board member to receive reimbursement of eligible expenses set forth in Section 2.2 below shall be any occurrence that is listed in Section of this Resolution Eligible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs, or other charges for participation at the meeting; (2) transportation to and from the meeting, including airfare, car rental, or mileage for use of a Board member s own automobile, and other miscellaneous transportation costs (shuttle, taxi, parking, etc.); (3) lodging at the single-room rate; and (4) reasonable costs of meals Rates Registration, Tuition, and Meeting Charges. The District reimbursement rate for registration or other charges for participation at a meeting shall be the actual amount incurred, not to exceed the maximum rate published by the conference or activity sponsor for timely registration after applying all applicable deductions for any available discounts Transportation. (a) Members of the Board must use government and group rates offered by a provider of transportation services for travel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred, not to exceed the cost of round-trip coach airfare. (b) The District reimbursement rate for mileage by use of a Board member s own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the Internal Revenue Code in effect at the time of the vehicle usage. 4 65

67 (c) Director Pace s Edit The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred Lodging. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available, the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging Meals. The District reimbursement rate for Board member meals shall be the actual amount incurred, not to exceed the applicable Internal Revenue Service rates for reimbursement as established in Publication 463 or any successor publication, or $10, whichever is less, for each day of service on behalf of the District Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates for reimbursement as established in Publication 463, or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred Budget Limits. The maximum amount of District-paid expenses that each Board member may annually incur without separate prior Board approval is $3,00 each fiscal year Ineligible Expenses. Board members shall not be eligible for District reimbursement of any expenses incurred by any person traveling or attending a meeting as a 5 66

68 Director Pace s Edit guest of the Board member unrelated to District business. No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business and not specifically approved herein Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District s General Manager expense reports for the calendar month by the second regular Board meeting of the following month, and the reports shall be accompanied by detailed/itemized receipts documenting each expense. Detailed/itemized receipts for credit card charges shall be documented on the monthly expense form, however the receipts must be submitted to the District as soon as possible after the charge is incurred. By the second regular Board meeting of each month, the Board will review District reimbursement of Board member expenses incurred during the previous month. All documents related to reimbursable District expenditures, or expenditures charged on a District credit card, are public records subject to disclosure under the California Public Records Act Report. Board members shall provide brief reports on meetings attended at the expense of the District at the next regular meeting of the Board. Information will be provided to the Board at a Board Meeting concerning events, meetings, conferences and educational opportunities prior to attendance where practical. Section 3. ETHICS TRAINING Requirement. Each local agency official of the District must receive training in ethics laws no later than one year from the first day of service with the District. Thereafter, each 6 67

69 Director Pace s Edit local agency official must receive such training at least once every two years Application Local Agency Official. As used in Section 3.1 of this Resolution, the term local agency official means all of the following: (a) (b) All Board members; and All executive staff of the District Ethics Laws. As used in Section 3.1 of this Resolution, the phrase ethics laws includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws; (b) Laws relating to claiming prerequisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws; and (d) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members District Responsibilities Records. The District shall maintain records indicating (a) the dates that 7 68

70 Director Pace s Edit local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act Notice. The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. REVIEW OF RESOLUTION ON ANNUAL BASIS. Each year the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Section 5. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 6. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on March 1610, , and shall become effective immediately upon adoption. 8 69

71 Director Pace s Edit ADOPTED this 10 th day of July, AYES: NOES: ABSTAIN: ABSENT: Roberts, Johnson, Brandon, Fahrlender, and Morrissette President, Board of Directors ATTEST: Secretary 9 70

72 President Brandon s Edit RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PIÑON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, AND ETHICS TRAINING WHEREAS, the Board of Directors of the Phelan Piñon Hills Community Services District finds as follows: A. The Phelan Piñon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose activities are subject to the requirements of California law, including but not limited to the Local Government Sunshine Bill ( AB 1234 ). C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement and expenses, and (3) Board member ethics training. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Phelan Piñon Hills Community Services District as follows: Section 1. COMPENSATION Amount. The amount of Board member compensation by the District shall be determined in accordance with all applicable requirements of California law. Pursuant to said requirements, the Board shall set the amount of such compensation at a rate established by adoption of a separate ordinance or resolution. 1 71

73 1.2. Day of Service. President Brandon s Edit Definition. For purposes of determining eligibility for compensation of Board members pursuant to the ordinance or resolution referred to in Section 1.1 above, the term day of service is defined as follows, and Board member attendance, representation, and participation shall be deemed previously approved by the Board, pursuant to Government Code Section 61047(e): (a) (b) (c) (d) Attendance at a meeting of the Board; Participation at a meeting of a standing committee of the Board; Attendance at a meeting of an ad hoc committee of the Board; Attendance at a meeting with the District s General Manager involving the operations of the District; (e) Attendance at a meeting with the District s auditors, attorneys, or other consultants involving matters for which the consultants have been retained by the District; (f) Attendance at a meeting of a local, state, or federal body with subject matter jurisdiction affecting the operations of the District; (g) Attendance at a meeting with a local, state, or federal representative concerning matters involving the operations of the District; (h) Participation in the following activities, provided that the Board member delivers a written or oral report to the Board regarding the member s participation at the next Board meeting following the event: (1) A conference, seminar, or organized educational or training activity involving matters related to the functions and operations of the District; and (2) A meeting of organizations with interests in matters 2 72

74 President Brandon s Edit involving the functions and operations of the District; (i) Representation of the District at the following events, provided that the Board member delivers a written or oral report to the Board regarding the member s representation at the next Board meeting following the event: (1) A public event concerning non-political matters involving the functions and operations of the District; (2) A public meeting or a public hearing conducted by another public agency; and which the District has membership; (3) A public benefit nonprofit corporation on whose boardin Formatted: Strikethrough Formatted: Font: Italic (j) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be eligible for compensation for one meeting on that day Procedure. To receive compensation for attendance or participation at approved meetings, a Board member shall submit to the District s General Manager a payment request for the calendar month by the second regular Board meeting of the following month. By such meeting, the Board will review and/or approve the payment request. Section 2. REIMBURSEMENT AND/OR CREDIT CARD CHARGES. Comment [kw1]: Staff working on suggested procedure. Formatted: Font: Italic Pursuant to Government Code Section 61047(c), the District shall reimburse Board members for their actual and necessary traveling and incidental expenses incurred while on official business as provided herein.the provisions below shall apply to credit card charges as 3 73

75 well as direct reimbursements. President Brandon s Edit 2.1. Qualifying Events. Pursuant to Government Code Section (b), the types of occurrences that qualify a Board member to receive reimbursement of eligible expenses set forth in Section 2.2 below shall be any occurrence that is listed in Section of this Resolution Eligible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs, or other charges for participation at the meeting; (2) transportation to and from the meeting, including airfare, car rental, or mileage for use of a Board member s own automobile, and other miscellaneous transportation costs (shuttle, taxi, parking, etc.); (3) lodging at the single-room rate; and (4) reasonable costs of meals Rates Registration, Tuition, and Meeting Charges. The District reimbursement rate for registration or other charges for participation at a meeting shall be the actual amount incurred, not to exceed the maximum rate published by the conference or activity sponsor for timely registration after applying all applicable deductions for any available discounts Transportation. (a) Members of the Board must use government and group rates offered by a provider of transportation services for travel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred, not to exceed the cost of round-trip coach airfare. (b) The District reimbursement rate for mileage by use of a Board member s own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the Internal Revenue Code in effect at the time of the vehicle usage. 4 74

76 (c) President Brandon s Edit The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred Lodging. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available, the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging Meals. The District reimbursement rate for Board member meals shall be the actual amount incurred, not to exceed the applicable Internal Revenue Service rates for reimbursement as established in Publication 463 or any successor publication, or $10, whichever is less, for each day of service on behalf of the District Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates for reimbursement as established in Publication 463, or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred Budget Limits. The maximum amount of District-paid expenses that each Board member may annually incur without separate prior Board approval is $3,00 each fiscal year Ineligible Expenses. Board members shall not be eligible for District reimbursement of any expenses incurred by any person traveling or attending a meeting as a 5 75

77 President Brandon s Edit guest of the Board member unrelated to District business. No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business and not specifically approved herein Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District s General Manager expense reports for the calendar month by the second regular Board meeting of the following month, and the reports shall be accompanied by detailed/itemized receipts documenting each expense. Detailed/itemized receipts for credit card charges shall be documented on the monthly expense form, however the receipts must be submitted to the District as soon as possible after the charge is incurred. By the second regular Board meeting of each month, the Board will review and/or approvedistrict Formatted: Font: Italic reimbursement of Board member expenses incurred during the previous month. All documents related to reimbursable District expenditures,or expenditures charged on a District credit card, are public records subject to disclosure under the California Public Records Act Report. Board members shall provide brief reports on meetings attended at the expense of the District at the next regular meeting of the Board.Information will be provided to the Board at a Board Meeting concerning events, meetings, conferences and educational opportunities prior to attendance where practical. Section 3. ETHICS TRAINING Requirement. Each local agency official of the District must receive training in ethics laws no later than one year from the first day of service with the District. Thereafter, each 6 76

78 President Brandon s Edit local agency official must receive such training at least once every two years Application Local Agency Official. As used in Section 3.1 of this Resolution, the term local agency official means all of the following: (a) (b) All Board members; and All executive staff of the District Ethics Laws. As used in Section 3.1 of this Resolution, the phrase ethics laws includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws; (b) Laws relating to claiming prerequisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws; and (d) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members District Responsibilities Records. The District shall maintain records indicating (a) the dates that 7 77

79 President Brandon s Edit local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act Notice. The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. REVIEW OF RESOLUTION ON ANNUAL BASIS. Each year the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Section 5. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 6. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on March 1610, , and shall become effective immediately upon adoption. 8 78

80 President Brandon s Edit ADOPTED this 10 th day 5th th day of JulyMarch, AYES: NOES: ABSTAIN: ABSENT: Roberts, Johnson, Brandon, Fahrlender, and Morrissette President, Board of Directors ATTEST: Secretary 9 79

81 AGENDA ITEM #6f Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Relations Among Directors and With Staff 80

82 Phelan Piñon Hills Community Services District 4176 Warbler Rd. P. O. Box Phelan, CA (760) Fax (760) DATE: 3/5/2014 M E M O R A N D U M TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kim Ward, Executive Secretary/HR Specialist Discussion and Possible Action Regarding Resolution No ; Establishing Policies for Relations Among Directors and with Staff RECOMMENDATION Staff recommend for the Board to adopt Resolution No ; Establishing Policies for Relations Among Directors and with Staff. BACKGROUND This Resolution is periodically reviewed by the Board to make changes as necessary. On February 10, 2014, during the Special Board Workshop, this Resolution was presented for review and revision. The Board came to consensus on several items and also requested for each Board member to submit their written suggestions to the General Manager. The Executive Secretary/HR Specialist took the Board suggestions from the workshop, and the separate written suggestions, and incorporated them into the included draft. Changes were made using the redline format in which red indicates a change, whether it be an addition or deletion; a deletion is indicated by utilizing a strikethrough. Attached for Board review is the Draft Resolution with all of the recommendations made by the Board. For the purposes of clarity, the Draft Resolution with suggestions made by Director Pace and President Brandon have also been included. FISCAL IMPACT None Attached: Draft Resolution ; Establishing Policies for Relations Among Directors and with Staff. Draft Resolution with Director Pace s Edits/Comments Draft Resolution with President Brandon s Edits/Comments 81

83 RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PINON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS RELATIONS AMONG DIRECTORS AND WITH STAFF WHEREAS, the Board of Directors of the Phelan Pinon Hills Community Services District finds as follows: A. The Phelan Pinon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section et seq. ( the Brown Act ) pursuant to California Government Code Section C. The Board adopted Ordinance No on March 18, 2009Ordinance No on February 5, 2014, establishing guidelines for the conduct of its public meetings and activities and imposing requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this Resolution is to supplement Ordinance No and to ensure that the Board s deliberations are conducted honorably and that its activities are performed in a manner that reflects a dedication to the highest standards of integrity so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the Phelan Pinon Hills Community Services District does hereby resolve as follows: 1 82

84 Section 1. RELATIONS BETWEEN DIRECTORS Duties. The Board shall govern the District. The Board shall establish policies, direction, procedures and oversight for the operation of the District. The Board shall provide for the implementation of those policies which is the responsibility of the District s General Manager. All members of the Board shall exercise their independent judgment on behalf of the entire District, including the residents, property owners, and the public as a whole in furthering the purposes and intent of the District Officers Within 45 days after each general district or unopposed election, the Board shall meet and elect the officers of the Board. The Board shall elect its officers annually at its second meeting on in December The officers of the Board are President and Vice-President. The President shall preside over meetings of the Board and the Vice-President shall serve in the President s absence or inability to serve. The Board may create additional offices and elect members to those offices, provided no members of the Board shall hold more than one office Parliamentary Procedure A majority of the total membership of the Board shall constitute a quorum for the transaction of District business. Except as otherwise specifically provided by law, a majority of the total membership of the Board is required for the Board to take action. The Board shall act only by ordinance, resolution, or motion. The Board President shall have the same rights and obligations of the other directors concerning voting procedures. The minutes of the Board shall record the aye and no votes taken by the members of the Board for the passage of all ordinances, resolutions, or 2 83

85 motions. The Board shall keep a record of all its actions, including financial transactions Meetings of the Board shall be subject to the Brown Act and Ordinance No (as may be amended from time to time). Robert s Rules of OrderA generally accepted parliamentary procedure shall provide general overall guidance for the conduct of the Board s business, except where otherwise provided by law, ordinance, resolution, or motion of the District, or otherwise inconsistent with the intent of the Board. The Board President (or committee chair) shall preserve order and decorum and will rule on all matters of procedure, with the advice of legal counsel. Questions of law may be referred to the District s legal counsel for opinion Committees. Any matter brought before the Board may, if deemed necessary, be referred to District staff or a committee of the Board composed of less than a quorum of the Board for review and recommendation. The Board may establish such standing and ad hoc committees as it deems necessary. The selection of the Board members to serve on such committees shall be at the discretion of the Board President, unless otherwise overridden by majority vote of the Board. Pursuant to Section 1 of Ordinance No , all meetings of standing committees of the Board shall be conducted in compliance with all applicable requirements of the Brown Act. Meetings of ad hoc committees of the Board may be exempt from the notice, agenda, and public participation requirements of the Brown Act as long as the committee substantially comply with the following guidelines: (1) The committee s life should be restricted to a relatively short period of time; (2) The committee s purpose should be limited to a single and specific task; (3) The committee shall not be given any independent discretionary authority to make ultimate decisions on behalf of the Board with respect to the final resolution of the task; (4) The committee s charge should not be 3 84

86 automatically renewed upon completion of its particular assignment or expiration of its fixed term; (5) The committee s meeting schedule should not be on a regular basis or established by formal action of the Board; and (6) Public notice of the formation of the committee shall be given in a timely manner; (7) A review of District committees shall be conducted on an annual basis Personal Conduct. The business of the District is a team effort. All Board members should work together in a collaborative manner, assisting each other in conducting the affairs of the District. Directors shall, at all times, conduct themselves with courtesy to each other, to staff, and to members of the audience present at Board meetings. Directors shall defer to the President concerning the conduct of Board meetings, but shall be free to question and discuss items on the agenda. In turn, the Board President shall not exercise the privileges of the office in such a manner as to unfairly advance his or her own personal opinions or unduly prejudice the positions of other Board members. When responding to requests and concerns from the public and other District customers, Board members should be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels and to responsible management personnel. Board members should develop a working relationship with the District s General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. Board members should function as a part of the whole. Issues should be brought to the attention of the entire Board, rather than to individual members selectively. Board members are responsible for monitoring the District s progress in attaining its goals and objectives, while pursuing its mission Communication of Views and Positions. The Board is committed to providing excellence in legislative leadership necessary to furnish the highest quality of government services to the public and to the District s customers. In order to achieve this goal, cooperative interaction 4 85

87 between and among Board members is encouraged. As such, the following rules shall be observed: The dignity, style, values, and opinions of each Board member shall be respected. Responsiveness and attentive listening in communication is encouraged The needs of the public and the District s customers should be the priority of the Board Board members should commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction Board members commit themselves to focusing on issues and not personalities. The presentation of the opinions of others should be encouraged. Cliques and voting blocks based on personalities rather than issues will be avoided Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions in a constructive and forthright manner. However, once the Board has taken action, individual Board members should commit to support said action and not create barriers to the implementation thereof Board Discipline. In the exercise of its discretion, the Board, by affirmative vote of four (4) of its members, may censure any of its members for a period of time deemed appropriate by said supermajority of the Board. Unless otherwise prohibited by law, the maximum penalty that may be imposed upon the censured member by said supermajority of the Board during the period of such censure shall be the following: The suspension of all spending of District funds by the censured Board member and of all reimbursement from District funds of any costs incurred by the censured Board member, unless otherwise allowed by the Board. 5 86

88 The removal of the censured Board member from service as an officer of the Board, and/or on all committees and other assignments on behalf of the District and/or the Board, unless subsequently authorized by the Board The withholding of all compensation by the District to the censured Board member except as otherwise allowed for attending meetings of the Board and other meetings subsequently authorized by the Board. Section 2. RELATIONS WITH STAFF Interaction with Staff General. The Board of Directors will deal with the administrative service of the District only through the General Manager. The General Manager is the Board s only link to operational achievement and conduct; all authority and accountability of staff is considered the authority and accountability of the General Manager. In the event the General Manager is unavailable, the next designated staff member would be accountable. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform work assignments, or change the priority of work assignments; however, members of the Board may request non-confidential, factual information regarding District operations from District employees. Additionally, Directors are to refrain from having open discussions regarding the District s operations or topics of a potentially sensitive nature with any staff member other than the General Manager, as doing so could undermine management, jeopardize the District s credibility, or even put the District at risk legally. The Board, as a whole, will not evaluate, either formally or informally, any staff member other than the General Manager. In seeking clarification on informational items, Directors should contact the General Manager to obtain 6 87

89 information needed to supplement, upgrade, or enhance their knowledge to improve legislative decision-making. Any Board member requests that require substantial work, as determined by the General Manager, will be addressed with the Board President Division of Responsibilities The Board of Directors is responsible for setting District policy and procedures since each individual Director is accountable to the public as an elected official. The Board appoints the General Manager and defines the duties of the position. The Board is not to instruct management on the implementation of District policies. a. The Board of Directors is responsible for (1) Establishing policies, Comment [kw1]: Director Pace had a question regarding this portion. direction, procedures, and oversight, and approving programs to implement policies, during open public meetings; (2) Appointing a General Manager, who will be responsible for the management of all operations and affairs of the District; and (3) Delegating certain powers to the General Manager in the operation of District affairs. b. The General Manager is responsible for: (1) Recommendation of policies, direction, procedure, and oversight to the Board of Directors; (2) Recommendation of programs and systems to the Board of Directors for implementation of District policies; (3) Carrying out policies and projects approved by the Board of Directors; and (4) Arranging an orientation of District departments and facilities for all new Board members (and re-orientation for current Board members indicating interest) within 60 days of the Board member being sworn as an officera Director of the District Board of Directors/General Manager a. The Board sets the policy, direction, procedure, and oversight for the District. The District s General Manager: (1) Has full charge and control ofis responsible for the Comment [kw2]: Director Pace had a question/comment about this portion. 7 88

90 construction, maintenance, and operation of the water system and other facilities of the District; (2) Has full power and authority to employ and discharge employees, consistent with District policy and other provisions of law; (3) Prescribes the duties of employees, consistent with District policy; and (4) Fixes and alters the compensation of employees, subject to salary ranges and budgetary consideration approved by the Board. The Administrative Services Manager will oversee and Comment [kw3]: Director Pace had a question about this portion. maintain a system of auditing and accounting that will completely and at all times show the financial condition of the District in accordance with generally accepted accounting principles and legal requirements. The Board will retain and periodically review the work of an auditor as an independent contractor of the District (other than the Administrative Services Manager), who will report to the Board on an annual basis the results of an audit of the District s books, records, and financial affairs. b. The District s General Manager serves at the pleasure of the Board. The Board will provide policy, procedure, oversight, direction, and instructions to the General Manager on matters within the authority of the Board by majority vote of the Board during duly convened meetings of the Board of Directors and Board committee meetings.. c. Members of the Board will deal with matters within the authority of the General Manager through the General Manager, and not through other District employees. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform other work assignments, or change the priority of work assignments. Members of the Board may request non-confidential, factual information regarding District operations from District employees General Management Performance Evaluation The Board of Directors Comment [kw4]: Alex: This appears to be redundant will evaluate the General Manager s performance qualitatively in conjunction with the annual 8 89

91 anniversary of the General Manager s hire date, using as guidelines the General Manager s stated annual objectives. Adjustments in the General Manager s remuneration or contract will be consistent with the Board s evaluation of performance and achievement of stated objectives Treasurer. Pursuant to Resolution No adopted by the Board on August 13, 2008, the Board has designated an alternative depository for District funds in place of the San Comment [kw5]: Director Pace had a questions about this item. Bernardino County Treasury and has appointed a District Treasurer to serve in place of the County Treasurer. The same person may be appointed by the Board to serve as both the General Manager and the District Treasurer. The District Treasurer shall serve at the pleasure of the Board. The Board shall set the compensation of the District Treasurer. The Board shall require the District Treasurer to be bonded. The District shall pay the cost of the bonds. Section 3. REVIEW AND AMENDMENT. Each year the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolutionany proposed amendments. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Any of the within rules not required by law may be suspended or changed by a majority of the members of the Board. Section 4. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution 9 90

92 which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 5. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on December 15, 2010, and shall take effect immediately upon adoption. ADOPTED this 19th day of February5th day of March, AYES: NOES: ABSTAIN: ABSENT: ATTEST: President, Board of Directors Secretary, Board of Directors 10 91

93 RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PINON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS RELATIONS AMONG DIRECTORS AND WITH STAFF WHEREAS, the Board of Directors of the Phelan Pinon Hills Community Services District finds as follows: A. The Phelan Pinon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section et seq. ( the Brown Act ) pursuant to California Government Code Section C. The Board adopted Ordinance No on March 18, 2009Ordinance No on February 5, 2014, establishing guidelines for the conduct of its public meetings and activities and imposing requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this Resolution is to supplement Ordinance No and to ensure that the Board s deliberations are conducted honorably and that its activities are performed in a manner that reflects a dedication to the highest standards of integrity so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the Phelan Pinon Hills Community Services District does hereby resolve as follows: 1 92

94 Section 1. RELATIONS BETWEEN DIRECTORS Duties. The Board shall govern the District. The Board shall establish policies, direction, procedures and oversight for the operation of the District. The Board shall provide for the implementation of those policies which is the responsibility of the District s General Manager. All members of the Board shall exercise their independent judgment on behalf of the entire District, including the residents, property owners, and the public as a whole in furthering the purposes and intent of the District Officers Within 45 days after each general district or unopposed election, the Board shall meet and elect the officers of the Board. The Board shall elect its officers annually at its second meeting on in December The officers of the Board are President and Vice-President. The President shall preside over meetings of the Board and the Vice-President shall serve in the President s absence or inability to serve. The Board may create additional offices and elect members to those offices, provided no members of the Board shall hold more than one office Parliamentary Procedure A majority of the total membership of the Board shall constitute a quorum for the transaction of District business. Except as otherwise specifically provided by law, a majority of the total membership of the Board is required for the Board to take action. The Board shall act only by ordinance, resolution, or motion. The Board President shall have the same rights and obligations of the other directors concerning voting procedures. The minutes of the Board shall record the aye and no votes taken by the members of the Board for the passage of all ordinances, resolutions, or 2 93

95 motions. The Board shall keep a record of all its actions, including financial transactions Meetings of the Board shall be subject to the Brown Act and Ordinance No (as may be amended from time to time). Robert s Rules of OrderAn accepted parliamentary procedure shall provide general guidance for the conduct of the Board s business, Comment [CP1]: Should not an be deleted and just state Accepted Parliamentary procedue shall?? except where otherwise provided by law, ordinance, resolution, or motion of the District, or otherwise inconsistent with the intent of the Board. The Board President (or committee chair) shall preserve order and decorum and will rule on all matters of procedure, with the advice of legal counsel. Questions of law may be referred to the District s legal counsel for opinion. Comment [CP2]: Is this necessary as the last sentence already refers to the ability of getting a legal opinion? Or if phrase stands should not the last sentence then be removed? 1.4. Committees. Any matter brought before the Board may, if deemed necessary, be referred to District staff or a committee of the Board composed of less than a quorum of the Board for review and recommendation. The Board may establish such standing and ad hoc committees as it deems necessary. The selection of the Board members to serve on such committees shall be at the discretion of the Board President, unless otherwise overridden by majority vote of the Board. Pursuant to Section 1 of Ordinance No , all meetings of standing committees of the Board shall be conducted in compliance with all applicable requirements of the Brown Act. Meetings of ad hoc committees of the Board may be exempt from the notice, agenda, and public participation requirements of the Brown Act as long as the committee substantially comply with the following guidelines: (1) The committee s life should be restricted to a relatively short period of time; (2) The committee s purpose should be limited to a single and specific task; (3) The committee shall not be given any independent discretionary authority to make ultimate decisions on behalf of the Board with respect to the final resolution of the task; (4) The committee s charge should not be 3 94

96 automatically renewed upon completion of its particular assignment or expiration of its fixed term; (5) The committee s meeting schedule should not be on a regular basis or established by formal action of the Board; and (6) Public notice of the formation of the committee shall be given in a timely manner; (7) An review of District committees shall be conducted on an annual basis Personal Conduct. The business of the District is a team effort. All Board members Comment [CP3]: Why would this be deleted? Should we not review annually?? should work together in a collaborative manner, assisting each other in conducting the affairs of the District. Directors shall, at all times, conduct themselves with courtesy to each other, to staff, and to members of the audience present at Board meetings. Directors shall defer to the President concerning the conduct of Board meetings, but shall be free to question and discuss items on the agenda. In turn, the Board President shall not exercise the privileges of the office in such a manner as to unfairly advance his or her own personal opinions or unduly prejudice the positions of other Board members. When responding to requests and concerns from the public and other District customers, Board members should be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels and to responsible management personnel. Board members should develop a working relationship with the District s General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. Board members should function as a part of the whole. Issues should be brought to the attention of the entire Board, rather than to individual members selectively. Board members are responsible for monitoring the District s progress in attaining its goals and objectives, while pursuing its mission Communication of Views and Positions. The Board is committed to providing excellence in legislative leadership necessary to furnish the highest quality of government services to the public and to the District s customers. In order to achieve this goal, cooperative interaction 4 95

97 between and among Board members is encouraged. As such, the following rules shall be observed: The dignity, style, values, and opinions of each Board member shall be respected. Responsiveness and attentive listening in communication is encouraged The needs of the public and the District s customers should be the priority of the Board Board members should commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction Board members commit themselves to focusing on issues and not personalities. The presentation of the opinions of others should be encouraged. Cliques and voting blocks based on personalities rather than issues will be avoided Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions in a constructive and forthright manner. However, once the Board has taken action, individual Board members should commit to support said action and not create barriers to the implementation thereof Board Discipline. In the exercise of its discretion, the Board, by affirmative vote of four (4) of its members, may censure any of its members for a period of time deemed appropriate by said supermajority of the Board. Unless otherwise prohibited by law, the maximum penalty that may be imposed upon the censured member by said supermajority of the Board during the period of such censure shall be the following: The suspension of all spending of District funds by the censured Board member and of all reimbursement from District funds of any costs incurred by the censured Board member, unless otherwise allowed by the Board. 5 96

98 The removal of the censured Board member from service as an officer of the Board, and/or on all committees and other assignments on behalf of the District and/or the Board, unless subsequently authorized by the Board The withholding of all compensation by the District to the censured Board member except as otherwise allowed for attending meetings of the Board and other meetings subsequently authorized by the Board. Section 2. RELATIONS WITH STAFF Interaction with Staff General. The Board of Directors will deal with the administrative service of the District only through the General Manager. The General Manager is the Board s only link to operational achievement and conduct; all authority and accountability of staff is considered the authority and accountability of the General Manager. In the event the General Manager is unavailable, the next designated staff member would be accountable. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform work assignments, or change the priority of work assignments; however, members of the Board may request non-confidential, factual information regarding District operations from District employees. Additionally, Directors are to refrain from having open discussions regarding the District s operations or topics of a potentially sensitive nature with any staff member other than the General Manager, as doing so could undermine management, jeopardize the District s credibility, or even put the District at risk legally. The Board, as a whole, will not evaluate, either formally or informally, any staff member other than the General Manager. In seeking clarification on informational items, Directors should contact the General Manager to obtain 6 97

99 information needed to supplement, upgrade, or enhance their knowledge to improve legislative decision-making. Any Board member requests that require substantial work, as determined by the General Manager, will be addressed with the Board President Division of Responsibilities The Board of Directors is responsible for setting District policy since each individual Director is accountable to the public as an elected official. The Board appoints the General Manager and defines the duties of the position. The Board is not to instruct management on the implementation of District policies. a. The Board of Directors is responsible for (1) Establishing policies, Comment [CP4]: Should also state procedures here as that is generally the direction given as to how policies are to be implemented Comment [CP5]: I do not understand this sentence as direction, - procedures are guidance in implementation should it not say that the Board is not to instruct management on management style or operations of the district. direction, procedures, and oversight, and approving programs to implement policies, during open public meetings; (2) Appointing a General Manager, who will be responsible for the management of all operations and affairs of the District; and (3) Manager in the operation of District affairs. Delegating certain powers to the General Comment [CP6]: Remove space b. The General Manager is responsible for: (1) Recommendation of policies, direction, procedure, and oversight to the Board of Directors; (2) Recommendation of programs to Comment [CP7]: And systems the Board of Directors for implementation of District policies; (3) Carrying out policies and projects approved by the Board of Directors; and (4) Arranging an orientation of District departments and facilities for all new Board members (and re-orientation for current Board members indicating interest) within 60 days of the Board member being sworn as an officera Director of the District Board of Directors/General Manager a. The Board sets the policy, direction, procedure, and oversight for the District. The District s General Manager: (1) Has full charge and control ofis responsibly for the construction, maintenance, and operation of the water system and other facilities of the District; (2) Comment [CP8]: Why delete Director and replace with officer only President/Vice President get orientation? Comment [CP9]: Responsible/ not responsibly does this mean that these items do not need to come to the board for approval as I do not think that is the intent GM responsible for insuring that construction, maintenance and operation are following board policy/procedure and direction and implemented in a competent/efficient manner. 7 98

100 Has full power and authority to employ and discharge employees, consistent with District policy and other provisions of law; (3) Prescribes the duties of employees, consistent with District policy; and (4) Fixes and alters the compensation of employees, subject to salary ranges and budgetary consideration approved by the Board. The Administrative Services Manager will oversee and Comment [CP10]: I thought the board set the pay rate? maintain a system of auditing and accounting that will completely and at all times show the financial condition of the District in accordance with generally accepted accounting principles and legal requirements. The Board will retain and periodically review the work of an auditor as an independent contractor of the District (other than the Administrative Services Manager), who will report to the Board on an annual basis the results of an audit of the District s books, records, and financial affairs. b. The District s General Manager serves at the pleasure of the Board. The Board will provide policy direction and instructions to the General Manager on matters within the Comment [CP11]: And procedure, oversight and authority of the Board by majority vote of the Board during duly convened meetings of the Board of Directors and Board committee meetings.. c. Members of the Board will deal with matters within the authority of the General Manager through the General Manager, and not through other District employees. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform other work assignments, or change the priority of work assignments. Members of the Board may request non-confidential, factual information regarding District operations from District employees General Management Performance Evaluation The Board of Directors will evaluate the General Manager s performance qualitatively in conjunction with the annual anniversary of the General Manager s hire date, using as guidelines the General Manager s stated 8 99

101 annual objectives. Adjustments in the General Manager s remuneration or contract will be consistent with the Board s evaluation of performance and achievement of stated objectives Treasurer. Pursuant to Resolution No adopted by the Board on August 13, 2008, the Board has designated an alternative depository for District funds in place of the San Comment [CP12]: Is the District Treasurer the GM? Bernardino County Treasury and has appointed a District Treasurer to serve in place of the County Treasurer. The same person may be appointed by the Board to serve as both the General Manager and the District Treasurer. The District Treasurer shall serve at the pleasure of the Board. The Board shall set the compensation of the District Treasurer. The Board shall require the District Treasurer to be bonded. The District shall pay the cost of the bonds. Section 3. REVIEW AND AMENDMENT. Each year the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Any of the within rules not required by law may be suspended or changed by a majority of the members of the Board. Section 4. SEVERABILITY. If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable

102 Section 5. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on December 15, 2010, and shall take effect immediately upon adoption. ADOPTED this 19th day of February5th day of March, AYES: NOES: ABSTAIN: ABSENT: ATTEST: President, Board of Directors Secretary, Board of Directors

103 President Brandon s Edit RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PHELAN PINON HILLS COMMUNITY SERVICES DISTRICT ESTABLISHING POLICIES FOR ITS RELATIONS AMONG DIRECTORS AND WITH STAFF WHEREAS, the Board of Directors of the Phelan Pinon Hills Community Services District finds as follows: A. The Phelan Pinon Hills Community Services District ( the District ) is a community services district organized and operating pursuant to California Government Code Section et seq. B. The District is governed by an elected Board of Directors ( the Board ) whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section et seq. ( the Brown Act ) pursuant to California Government Code Section C. The Board adopted Ordinance No on March 18, 2009Ordinance No on February 5, 2014, establishing guidelines for the conduct of its public meetings and activities and imposing requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this Resolution is to supplement Ordinance No and to ensure that the Board s deliberations are conducted honorably and that its activities are performed in a manner that reflects a dedication to the highest standards of integrity so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the Phelan Pinon Hills Community 1 102

104 President Brandon s Edit Services District does hereby resolve as follows: Section 1. RELATIONS BETWEEN DIRECTORS Duties. The Board shall govern the District. The Board shall establish policies, direction, procedures and oversight for the operation of the District. The Board shall provide for the implementation of those policies which is the responsibility of the District s General Manager. All members of the Board shall exercise their independent judgment on behalf of the entire District, including the residents, property owners, and the public as a whole in furthering the purposes and intent of the District Officers Within 45 days after each general district or unopposed election, the Board shall meet and elect the officers of the Board. The Board shall elect its officers annually at its second meeting on in December The officers of the Board are President and Vice-President. The President shall preside over meetings of the Board and the Vice-President shall serve in the President s absence or inability to serve. The Board may create additional offices and elect members to those offices, provided no members of the Board shall hold more than one office Parliamentary Procedure A majority of the total membership of the Board shall constitute a quorum for the transaction of District business. Except as otherwise specifically provided by law, a majority of the total membership of the Board is required for the Board to take action. The Board shall act only by ordinance, resolution, or motion. The Board President shall have the same rights and obligations of the other directors concerning voting procedures. The minutes of 2 103

105 President Brandon s Edit the Board shall record the aye and no votes taken by the members of the Board for the passage of all ordinances, resolutions, or motions. The Board shall keep a record of all its actions, including financial transactions Meetings of the Board shall be subject to the Brown Act and Ordinance No (as may be amended from time to time). Robert s Rules of OrderAn acceptedgenerally accepted parliamentary procedure shall provide generaloverall guidance for the conduct of the Board s business, except where otherwise provided by law, ordinance, Formatted: Font: 12 pt, Strikethrough Formatted: Font: 12 pt, Italic Formatted: Font: 12 pt, Strikethrough Formatted: Font: 12 pt, Italic resolution, or motion of the District, or otherwise inconsistent with the intent of the Board. The Board President (or committee chair) shall preserve order and decorum and will rule on all matters of procedure, with the advice of legal counsel. Questions of law may be referred to the District s legal counsel for opinion Committees. Any matter brought before the Board may, if deemed necessary, be referred to District staff or a committee of the Board composed of less than a quorum of the Board for review and recommendation. The Board may establish such standing and ad hoc committees as it deems necessary. The selection of the Board members to serve on such committees shall be at the discretion of the Board President, unless otherwise overridden by majority vote of the Board. Pursuant to Section 1 of Ordinance No , all meetings of standing committees of the Board shall be conducted in compliance with all applicable requirements of the Brown Act. Meetings of ad hoc committees of the Board may be exempt from the notice, agenda, and public participation requirements of the Brown Act as long as the committee substantially comply with the following guidelines: (1) The committee s life 3 104

106 President Brandon s Edit should be restricted to a relatively short period of time; (2) The committee s purpose should be limited to a single and specific task; (3) The committee shall not be given any independent discretionary authority to make ultimate decisions on behalf of the Board with respect to the final resolution of the task; (4) The committee s charge should not be automatically renewed upon completion of its particular assignment or expiration of its fixed term; (5) The committee s meeting schedule should not be on a regular basis or established by formal action of the Board; and (6) Public notice of the formation of the committee shall be given in a timely manner; (7) AnA review of District committees shall be conducted on an annual basis Personal Conduct. The business of the District is a team effort. All Board Formatted: Font: 12 pt, Strikethrough Formatted: Font: 12 pt, Italic members should work together in a collaborative manner, assisting each other in conducting the affairs of the District. Directors shall, at all times, conduct themselves with courtesy to each other, to staff, and to members of the audience present at Board meetings. Directors shall defer to the President concerning the conduct of Board meetings, but shall be free to question and discuss items on the agenda. In turn, the Board President shall not exercise the privileges of the office in such a manner as to unfairly advance his or her own personal opinions or unduly prejudice the positions of other Board members. When responding to requests and concerns from the public and other District customers, Board members should be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels and to responsible management personnel. Board members should develop a working relationship with the District s General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. Board members should function as a part of the whole. Issues should be brought to the attention of the entire Board, rather than to individual members 4 105

107 President Brandon s Edit selectively. Board members are responsible for monitoring the District s progress in attaining its goals and objectives, while pursuing its mission Communication of Views and Positions. The Board is committed to providing excellence in legislative leadership necessary to furnish the highest quality of government services to the public and to the District s customers. In order to achieve this goal, cooperative interaction between and among Board members is encouraged. As such, the following rules shall be observed: The dignity, style, values, and opinions of each Board member shall be respected. Responsiveness and attentive listening in communication is encouraged The needs of the public and the District s customers should be the priority of the Board Board members should commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction Board members commit themselves to focusing on issues and not personalities. The presentation of the opinions of others should be encouraged. Cliques and voting blocks based on personalities rather than issues will be avoided Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions in a constructive and forthright manner. However, once the Board has taken action, individual Board members should commit to support said action and not create barriers to the implementation thereof Board Discipline. In the exercise of its discretion, the Board, by affirmative vote 5 106

108 President Brandon s Edit of four (4) of its members, may censure any of its members for a period of time deemed appropriate by said supermajority of the Board. Unless otherwise prohibited by law, the maximum penalty that may be imposed upon the censured member by said supermajority of the Board during the period of such censure shall be the following: The suspension of all spending of District funds by the censured Board member and of all reimbursement from District funds of any costs incurred by the censured Board member, unless otherwise allowed by the Board The removal of the censured Board member from service as an officer of the Board, and/or on all committees and other assignments on behalf of the District and/or the Board, unless subsequently authorized by the Board The withholding of all compensation by the District to the censured Board member except as otherwise allowed for attending meetings of the Board and other meetings subsequently authorized by the Board. Section 2. RELATIONS WITH STAFF Interaction with Staff General. The Board of Directors will deal with the administrative service of the District only through the General Manager. The General Manager is the Board s only link to operational achievement and conduct; all authority and accountability of staff is considered the authority and accountability of the General Manager. In the event the General Manager is unavailable, the next designated staff member would be accountable. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform work assignments, or change the priority of work assignments; 6 107

109 President Brandon s Edit however, members of the Board may request non-confidential, factual information regarding District operations from District employees. Additionally, Directors are to refrain from having open discussions regarding the District s operations or topics of a potentially sensitive nature with any staff member other than the General Manager, as doing so could undermine management, jeopardize the District s credibility, or even put the District at risk legally. The Board, as a whole, will not evaluate, either formally or informally, any staff member other than the General Manager. In seeking clarification on informational items, Directors should contact the General Manager to obtain information needed to supplement, upgrade, or enhance their knowledge to improve legislative decision-making. Any Board member requests that require substantial work, as determined by the General Manager, will be addressed with the Board President Division of Responsibilities The Board of Directors is responsible for setting District policy since each individual Director is accountable to the public as an elected official. The Board appoints the General Manager and defines the duties of the position. The Board is not to instruct management on the implementation of District policies. a. The Board of Directors is responsible for (1) Establishing policies, direction, procedures, and oversight, and approving programs to implement policies, during open public meetings; (2) Appointing a General Manager, who will be responsible for the management of all operations and affairs of the District; and (3) Delegating certain powers to the General Manager in the operation of District affairs. b. The General Manager is responsible for: (1) Recommendation of policies, direction, procedure, and oversight to the Board of Directors; (2) Recommendation of 7 108

110 President Brandon s Edit programs to the Board of Directors for implementation of District policies; (3) Carrying out policies and projects approved by the Board of Directors; and (4) Arranging an orientation of District departments and facilities for all new Board members (and re-orientation for current Board members indicating interest) within 60 days of the Board member being sworn as an officera Director of the District Board of Directors/General Manager a. The Board sets the policy, direction, procedure, and oversight for the District. The District s General Manager: (1) Has full charge and control ofis responsibly for the construction, maintenance, and operation of the water system and other facilities of the District; (2) Has full power and authority to employ and discharge employees, consistent with District policy and other provisions of law; (3) Prescribes the duties of employees, consistent with District policy; and (4) Fixes and alters the compensation of employees, subject to salary ranges and budgetary consideration approved by the Board. The Administrative Services Manager will oversee and maintain a system of auditing and accounting that will completely and at all times show the financial condition of the District in accordance with generally accepted accounting principles and legal requirements. The Board will retain and periodically review the work of an auditor as an independent contractor of the District (other than the Administrative Services Manager), who will report to the Board on an annual basis the results of an audit of the District s books, records, and financial affairs. b. The District s General Manager serves at the pleasure of the Board. The Board will provide policy direction and instructions to the General Manager on matters within the authority of the Board by majority vote of the Board during duly convened meetings 8 109

111 President Brandon s Edit of the Board of Directors and Board committee meetings.. c. Members of the Board will deal with matters within the authority of the Formatted: Highlight General Manager through the General Manager, and not through other District employees. Members of the Board will refrain from making requests directly to District employees (other than the General Manager) to undertake analyses, perform other work assignments, or change the priority of work assignments. Members of the Board may request non-confidential, factual information regarding District operations from District employees.(this appears to be Formatted: Font: Bold, Italic, Highlight redundant) General Management Performance Evaluation The Board of Directors will evaluate the General Manager s performance qualitatively in conjunction with the annual anniversary of the General Manager s hire date, using as guidelines the General Manager s stated annual objectives. Adjustments in the General Manager s remuneration or contract will be consistent with the Board s evaluation of performance and achievement of stated objectives Treasurer. Pursuant to Resolution No adopted by the Board on August 13, 2008, the Board has designated an alternative depository for District funds in place of the San Bernardino County Treasury and has appointed a District Treasurer to serve in place of the County Treasurer. The same person may be appointed by the Board to serve as both the General Manager and the District Treasurer. The District Treasurer shall serve at the pleasure of the Board. The Board shall set the compensation of the District Treasurer. The Board shall require the District Treasurer to be bonded. The District shall pay the cost of the bonds. Section 3. REVIEW AND AMENDMENT. Each year the Board shall review this Resolution to determine its effectiveness and the 9 110

112 President Brandon s Edit necessity for its continued operation. The District s General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including any proposed amendments.proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Nothing Formatted: Font: Italic Formatted: Strikethrough herein shall preclude the Board from taking action on the Resolution at times other than upon conclusion of the annual review. Any of the within rules not required by law may be suspended or changed by a majorityof the membersof the membersvote of the Board. Section 4. SEVERABILITY. Formatted: Strikethrough Formatted: Font: Italic If any provision of this Resolution, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Section 5. EFFECTIVE DATE. The provisions of this Resolution shall supersede Resolution No adopted by the Board on December 15, 2010, and shall take effect immediately upon adoption. ADOPTED this 19thday of February5th day of March, AYES: NOES: ABSTAIN: ABSENT: President, Board of Directors

113 President Brandon s Edit ATTEST: Secretary, Board of Directors

114 AGENDA ITEM #6g Status Update of Solar Project 113

115 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) DATE: March 5, 2014 TO: FROM: SUBJECT: Board of Directors Don Bartz, General Manager By: Kimberly Ward, Executive Secretary/HR Specialist Solar Project Update RECOMMENDATION None BACKGROUND Staff will update the Board on the status of the solar project. FISCAL IMPACT None 114

116 AGENDA ITEM #7 Review of Action Items 115

117 Phelan Piñon Hills Community Services District 4176 Warbler Road P. O. Box Phelan, CA (760) Fax (760) BOARD MEETING ACTION ITEMS & STATUS 2/19/2014 ACTION ITEM: Provide copies of Farmers Market policy and contract to Board; agendize. STATUS: In progress. 2/19/2014 ACTION ITEM: For upcoming Budget workshops, distribute agenda packet items as soon as they are prepared and as early as possible. STATUS: In progress. 2/19/2014 ACTION ITEM: Provide financial model at March 6, 2014 Budget workshop. STATUS: Scheduled. 2/19/2014 ACTION ITEM: Mr. Cardenas to provide a copy of report referenced in Engineering Manager s Report. STATUS: Complete. 116