SECTIONS 81335-81406 - California Statutes

WATER CODE

SECTION 81335-81406

81335. The agency shall be governed by a board of directors.

81336. (a) The governing body of each member public entity shall
appoint one member to the board of the agency. Each director shall be
a registered voter and reside within the boundaries of the member
public entity whose governing board appoints him or her.
(b) For the purposes of subdivision (a), the governing body may
appoint one of its own members to the board if that person otherwise
meets the requirements of that subdivision.
(c) (1) The Board of Supervisors of San Mateo County shall appoint
one member to the board who is an officer or employee of the
California Water Service Company.
(2) The Board of Supervisors of Santa Clara County shall appoint
one member to the board who is an officer or employee of Stanford
University.
(d) The initial appointments shall be made not later than 60 days
after the date of the issuance of the certificate of formation
pursuant to Section 81327.

81336.5. (a) No incompatibility of office shall result from an
elected official serving on the board of the agency and on the
governing board of a member public entity. A board member may vote on
contracts or other matters involving the member public entity he or
she represents.
(b) The agency may enter into a contract with California Water
Service Company only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of San
Mateo County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority
of all members of the board other than the director appointed by the
Board of Supervisors of San Mateo County.
(c) The agency may enter into a contract with Stanford University
only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of Santa
Clara County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority
of all members of the board other than the director appointed by the
Board of Supervisors of Santa Clara County.
(d) A contract approved pursuant to the requirements of this
division does not constitute a violation of Section 1090 or 1097 of
the Government Code, nor is it void or voidable pursuant to Section
1092 of the Government Code.

81337. Each director, before entering upon the duties of his or her
office, shall take the oath of office as provided for in the
California Constitution and laws of the state. The chairperson or
vice chairperson of the board, or the secretary of the agency, may
administer the oath.

81338. (a) Each director shall serve a term of four years.
(b) Notwithstanding subdivision (a), the directors initially
appointed to the board shall determine, by lot, that one-half plus
one of their number shall serve for four years and the remaining
directors shall serve for two years. Thereafter, each appointing
authority shall appoint a person to replace its respective director
or may reappoint its director for an unlimited number of terms.
(c) A vacancy on the board shall be filled by the respective
appointing authority not later than 90 days from the date of the
occurrence of the vacancy.

81339. Each director may receive compensation in an amount
prescribed by the board, not to exceed one hundred dollars ($100) per
day for each day's attendance at meetings of the board, not to
exceed four meetings in any calendar month. In addition, each
director may be reimbursed for actual, necessary, and reasonable
expenses incurred in the performance of duties performed at the
request of the board. The compensation of directors may be increased
pursuant to Chapter 2 (commencing with Section 20200) of Division 10.

81400. A majority of the members of the board constitutes a quorum
for the transaction of business. The board shall act only by
ordinance, resolution, or motion.

81401. The board shall hold its first meeting as soon as possible
after the appointment of the initial directors. At its first meeting,
and at its first meeting in January each year thereafter, the board
shall elect a chairperson and a vice-chairperson from among its
members.

81402. The board shall provide for the time and place of holding
its regular meetings. All meetings of the board shall be called and
held in accordance with the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code).

81403. Subject to Section 81405, each director has one vote. The
affirmative vote of a majority of the total membership of the board
is necessary and sufficient to carry any motion, resolution, or
ordinance, except when weighted voting is in effect pursuant to
Section 81404 or as otherwise provided by this division.

81404. Before the vote on any motion, resolution, or ordinance is
taken, any director may call for weighted voting. Upon such a call,
Section 81405 shall apply as to that motion, resolution, or
ordinance.

81405. (a) Weighted voting shall be based on the average deliveries
of water during the 2000-01 fiscal year, as set forth in Section
81460.
(b) When weighted voting is in effect, there shall be a total of
100 possible votes. The allocation of these votes among the directors
shall be determined as follows:
(1) The water deliveries to each member public entity, California
Water Service Company, and Stanford University, as set forth in
Section 81460, shall be totaled.
(2) Each director representing a member public entity whose
individual water delivery is less than 1.5 percent of the total
amount calculated pursuant to paragraph (1) shall be assigned one
vote.
(3) The water deliveries to all member public entities assigned
one vote pursuant to paragraph (2) shall be totaled and that sum
shall be subtracted from the total amount calculated pursuant to
paragraph (1).
(4) The ratio of individual water deliveries to each remaining
member public entity, California Water Service Company, and Stanford
University to the total water deliveries calculated pursuant to
paragraph (3) shall be determined and expressed as a fraction.
(5) The total number of votes assigned to directors pursuant to
paragraph (2) shall be subtracted from 100.
(6) The number resulting from the calculation described in
paragraph (5) shall be multiplied by the fractions calculated
pursuant to paragraph (4), and the products of that multiplication
shall be rounded to the nearest whole number. Each director, other
than those assigned one vote pursuant to paragraph (2), shall be
assigned the number of votes resulting from this calculation.
(c) When weighted voting is in effect, the affirmative vote of
directors representing both (1) a majority of the members of the
board present and voting, and (2) a majority of the number of votes,
determined pursuant to this section, represented by directors present
and voting shall be necessary to carry any motion, resolution, or
ordinance.
(d) Notwithstanding any other provision of this division, the
board may establish alternative procedures and methods for weighted
voting, including a limitation on the types of measures to which it
applies, by a vote of (1) at least two-thirds of all the directors of
the board, each director having one vote on the question, and (2) at
least 51 votes, determined pursuant to this section.

81406. (a) On all ordinances and resolutions, and on all questions
to be decided by weighted voting, the roll shall be called and ayes
and noes recorded in the minutes of the proceedings of the board.
(b) Motions, other than motions to be decided by weighted voting,
may be adopted by voice vote, except that the roll shall be called at
the request of any director.