HomeMy WebLinkAboutDIV I) CH 2 Administration of District: Section 02 - Management of the District2-1
CHAPTER 2 ADMINISTRATION OF THE DISTRICT
SECTION 2 MANAGEMENT OF THE DISTRICT
2.01 AUTHORITY OF THE GENERAL MANAGER
Pursuant to Sections 71362 and 71363 of the California
Water Code, and other applicable laws of the State of
California, the General Manager shall, subject to the approval
and direction of the Board of Directors, operate and manage the
affairs of the District. The General Manager shall have the
following specifically enumerated powers and authority:
A.To control the administration, maintenance, operation
and construction of the water and sewer systems and facilities
of the District in an efficient manner.
B.To employ and discharge all employees and assistants,
other than those referred to in Section 71340 of the California
Water Code, and to prescribe their duties and promulgate
specific rules and regulations for such employees and
assistants.
C.To promulgate policies and procedures necessary to
enhance the security of the District and increase the
transparency of District operations, including provisions for
the disclosure of conflicts of interest by employees.
D.To establish the terms and conditions for collection
of receivables, thereby facilitating the efficient
administration of the District’s receivables. The General
Manager or designee is given this authority as well as the
authority to waive, adjust, or reduce any receivable for amounts
up to $10,000.
E. To execute agreements, contracts, other documents, or
commitments on behalf of the District where the amount involved
does not exceed $75,000, provided that Public Works Contracts shall
be awarded in compliance with applicable laws.
F.To approve change orders to agreements, contracts, or
other commitments on behalf of the District. If the underlying
contract is awarded by the General Manager pursuant to paragraph
2.01-E above, the cumulative value of the approved change orders
and the underlying agreement, contract, or commitment shall not
exceed the General Manager’s signatory authority established
above. If the underlying contract is awarded by the Board, the
General Manager may approve change orders thereto in an
aggregate amount not exceeding the General Manager’s signatory
authority established above.
2-2
G.To approve plans, specifications, maps and agreements,
and any other documents involving land development projects
within the District.
H.To authorize the use of District Real Property by
third parties if all the following conditions are met: (a) the
consideration is less than the General Manager’s authority; and
(b) the proposed use consists of an easement, license, access
permit or other use of a portion of the District Real Property
that will not interfere with the existing or anticipated uses of
the District Real Property for District purposes; and (c) either
(i) the term of the proposed use is 10 years or less, or (ii)
the entity proposing to use the District Real Property is a
regulated utility, governmental entity or not-for profit
organization. All uses of District Real Property not
contemplated herein or specifically authorized in other sections
of this Code of Ordinance shall be presented to the Board of
Directors for consideration.
1.The General Manager may establish terms and
conditions for the use of and access to District Real Property
contemplated herein, including administrative charges.
2.The use of any District Real Property shall
require consideration satisfactory to the General Manager, which
may be monetary compensation in an amount equal to the fair
market value of the proposed use plus an administrative charge
or may be in the form of a real property interest or other
equivalent compensation or use.
3.“District real property” means and includes real
property and interests thereon, such as fee interests,
easements, licenses and other such interests acquired for
various District purposes including but not limited to the
construction, operation, access or maintenance of pipelines or
other facilities necessary or convenient to the full exercise of
the District’s powers.
I.To declare an emergency and, in such event, to have
the additional powers specified in the District’s emergency
management plan, referred to as the National Incident Management
System (NIMS), and below, pursuant to California Contract Code
Section 22050. An emergency is a sudden, unexpected occurrence
that poses a clear and imminent danger, requiring immediate
action to prevent and mitigate the loss or impairment of life,
health, property, or essential public services.
1.In a declared emergency, the General Manager
may direct employees, take action to continue or restore service
2-3
capability, and execute any contracts for necessary equipment,
services, or supplies directly related and required by the
emergency. Notwithstanding the limits imposed in the prior
paragraphs of this Section 2.01, or by any other policy or
guideline of the District, in an emergency, the General Manager
may award and execute contracts for goods, services, work,
facility or improvement, without bidding and without regard to
said limits, provided that the goods, services, work, facilities
or improvements acquired or contracted for are of an urgent
nature, directly and immediately required by the emergency. Any
contract for goods or services with a value of more than
$250,000 shall be subject to ratification by the Board at its
first regularly scheduled meeting following the declaration of
the emergency to which the contract relates. Any contract for
work, facilities or improvements with a value of more than
$500,000 shall be subject to ratification by the Board at its
first regularly scheduled meeting following the declaration of
the emergency to which the contract relates.
2.The General Manager shall report to the Board not
later than 48 hours after the emergency action or at the next
regularly scheduled meeting, whichever is earlier. The report
shall include the details of the emergency and reasons
justifying the actions taken, and provide an accounting of the
funds expended or yet to be expended in connection with the
emergency.
3.If the emergency action continues for seven days
and a regularly scheduled meeting will not occur within 14 days
from the day the emergency action was taken, the General Manager
shall request that the Board review the emergency action and
determine by formal action if the need to take emergency action
continues.
4.At each regularly scheduled meeting following the
declaration of an emergency the Board may, by formal action and
pursuant to a vote as required by Section 22050 of the Public
Contract Code, determine if there is a need to continue the
emergency action. If the Board does not determine that the
emergency continues, the power to operate under emergency
conditions will terminate and any new work, goods or services
not yet procured shall be contracted or acquired in accordance
with applicable provisions of this Code.
J.In addition to the authority for the use of District
Real Property enumerated in subsection H above, to approve the
following types of agreements and amendments to agreements for
the lease of District Real Property and/or space on District
facilities to cellular companies and related entities for
telecommunications purposes, provided such agreements and
amendments are substantially in compliance with the District’s
standard contract terms and provisions and have been reviewed
and approved by General Counsel:
2-4
1.A reduction of the lease rate of not more than
25%.
2.Any increase in the lease rate.
3.Allowance of new equipment on the leased space,
provided proper land use permits are acquired by the lessee from
the appropriate entities.
4.Administrative changes to the lease, including
amending leases to the District’s most current form as approved
by the Board.
5.Entering into a lease that contains the
District’s most current form as approved by the Board with a new
entity on a new site or a site that has been vacated.
2.02 ORDER OF SUCCESSION
When the General Manager is going to be absent from the
District, the General Manager is authorized to designate an
Asst. General Manager to act on his behalf and said person shall
have the same authority as the General Manager. Any long-term
vacancies (over 30 days) shall be filled by vote of the majority
of the Board.