HomeMy WebLinkAbout2024-10-29; Municipal Water District; ; Repeal and Replace Title 1 - General Provisions of the Carlsbad Municipal Water District CodeCA Review GH
Meeting Date: Oct. 29, 2024
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Shoshana Aguilar, Senior Management Analyst
shoshana.aguilar@carlsbadca.gov, 760-814-0241
Gina Herrera, Assistant General Counsel
gina.herrera@carlsbadca.gov, 442-339-5123
Subject: Repeal and Replace Title 1 - General Provisions of the Carlsbad Municipal
Water District Code
Districts: All
Recommended Action
Introduce an ordinance of the Carlsbad Municipal Water District Board of Directors repealing and
replacing Title 1 of the Carlsbad Municipal Water District Code.
Executive Summary
The Board of Directors recently adopted Ordinance No. 49 to codify CMWD’s ordinances. Once
effective, the code was published and is now available online.1 The Carlsbad Municipal Water
District Code provides the rules and regulations that govern the District.
As published, the District Code includes inconsistences with CMWD’s current organizational
structure, policies and practices because many of the ordinances, which were adopted in a
piecemeal fashion, were not subsequently amended to conform to superseding board actions.
Repealing and replacing Title 1 of the code is the first amending ordinance to update each of
the three titles in the code. The proposed changes to Title 1 remove obsolete language, codify
current practices established by Board resolutions and the operating agreement between
CMWD and the City of Carlsbad, and streamline enforcement procedures to mirror those
provided in the Carlsbad Municipal Code.
Explanation & Analysis
On July 16, 2024, the CMWD Board of Directors approved Ordinance No. 49 which codified,
restated and amended the ordinances of the CMWD, into a format very similar to the Carlsbad
Municipal Code. The District Code became effective on August 15, 2024.2
1 The CMWD Code is available online at https://ecode360.com/CA4913.
Oct. 29, 2024 Item #9 Page 1 of 46
MUNICIIPAL WATER D IISTRIC'f
Staff Report
Staff are now requesting the Board approve repealing and replacing the language in Title 1 of
the District Code, to update the Code so that it is consistent with the CMWD’s current
organizational structure, policies and practices.
The proposed amendments were drafted, in part, to mirror the Carlsbad Municipal Code to
bring the district in closer alignment with the city, because the district is a subsidiary district of
the city. The proposed ordinance, CMWD Ordinance No. 50, will also formally codify some
administrative rules regarding delegation of duties and division of labor across city departments
which had been previously set by ordinance, resolution and the 1991 operating agreement
between the city and the CMWD. Relevant sections of CMWD Resolution No. 648, which made
certain official and officer appointments, have been incorporated as well.
Overview of proposed changes
Chapter 1.04 - Code Adoption has been amended to add additional provisions, mirroring the
Carlsbad Municipal Code.
Chapter 1.08 - Administration has been expanded to include:
o Conflicts of interest.
o CMWD Board of Directors and Officer designated, consistent with actual
practices and the Municipal Code.
o Meetings expanded to include special meetings, consistent with the current
practice of meeting in conjunction with the City Council meetings.
o The “Holidays” Section has been repealed because the 1991 operating
agreement with the city ended the practice of having separate CMWD
employees. As such, city employees support the CMWD and city policies govern
the employees, whether they support the work of CMWD, the city, or both.
Further, City Council acts each year to approve the regular city council meeting
calendar, which includes city holidays for city employees (i.e., the date that city
and district offices are closed).
Chapter 1.12 - Territory has been significantly reduced, so that it is no longer delineated in
the code because it is designated by resolution. Any changes in territory or service area
would require approval from the San Diego County Local Agency Formation Commission
and would be brought to the CMWD Board of Directors for its consideration and approval.
Chapter 1.16 - Finance has been expanded from covering emergency purchasing to include
additional finance provisions, consistent with the city’s current procedures for accounting,
cash management, purchasing, and providing refunds.
Chapter 1.20 – Enforcement. Enforcement mechanisms have been streamlined so that they
are consistent with Municipal Code Chapters 1.08 and 1.10, including the administrative
assessment and procedures of civil penalties, administrative hearing procedures, and
appeals, which are being adopted by reference, except that whenever any provisions
incorporated refer to the city, City Council, territory, area, agency, official, employee, or
Oct. 29, 2024 Item #9 Page 2 of 46
otherwise it shall mean the corresponding CMWD Board of Directors, territory, area,
agency, official, employee, or otherwise.3
A more detailed comparison of the proposed District Code changes is available in Exhibit 3.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
Staff will return to the CMWD Board of Directors on November 12, 2024, for a second reading
and adoption of this ordinance.
At subsequent Board meetings, staff will return to the CMWD Board of Directors with
recommended changes to Titles 2 and 3 of the District Code, for the same reasons that Title 1
amendments are being proposed.
Environmental Evaluation
The City Planner, through the process outlined in the Carlsbad Municipal Code relating to
Environmental Protection (Section 19.04.060), has determined that this action is categorically
exempt from environmental review under the California Environmental Quality Act Guidelines
Section 15061(b)(3), which states that an activity is exempt from the provisions of the act if it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Moreover, approval of the Ordinance constitutes an
administrative activity of CMWD and is additionally exempt from CEQA on that basis. (State
CEQA Guidelines, Section 15378(b)(5).)
Exhibits
1. Carlsbad Municipal Water District Board of Directors ordinance
2. Title 1 showing proposed revisions
3. Comparison Chart of proposed revisions
3 Adopted by reference means it is being incorporated into the text of the District’s code with a statement that the
municipal code section should be treated as if contained within the District’s code. This action also creates an
efficiency because any changes to the Carlsbad Municipal Code will not require a second amendment to the
District Code.
Oct. 29, 2024 Item #9 Page 3 of 46
ORDINANCE NO. 49
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
REPEALING AND REPLACING TITLE 1 OF THE CARLSBAD MUNICIPAL WATER
DISTRICT CODE
WHEREAS, the Carlsbad Municipal Water District (CMWD) is organized under the Municipal
Water District Law of 1911, Division 20 (commencing with Section 71000) of the California Water Code;
and
WHEREAS, pursuant to California Water Code Section 71278, the board of a municipal water
district must act by ordinance, motion, or resolution; and
WHEREAS, on April 25, 1989, the Board of Directors of the Costa Real Municipal Water District
approved Resolution No. 1, consenting to the establishment of Costa Real Municipal Water District as
a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego
County Local Agency Formation Commission, to integrate the planning and management of water
resources within the City of Carlsbad and revert the district’s name back to the Carlsbad Municipal
Water District; and
WHEREAS, on Jan. 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad; and
WHEREAS, Government Code Sections 50022.1 to 50022.10 provide authority for a local public
agency to codify existing ordinances; and
WHEREAS, on June 25, 2024, the Board of Directors of the CMWD introduced Ordinance No. 49
codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, into a comprehensive code (“Code”); and
WHEREAS, on July 16, 2024, the Board of Directors of the CMWD adopted Ordinance No. 49,
codifying, restating and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, and became effective on Aug. 15, 2024; and
WHEREAS, Title 1 of the Code has been reviewed and it has been determined that amendments
to the Code are required so that Title 1 is consistent with the CMWD’s organizational structure and
practices; and
WHEREAS, the City Planner has determined that the ordinance and related amendments are
exempt from the California Environmental Quality Act, or CEQA, pursuant to the commonsense
exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a
Exhibit 1
Oct. 29, 2024 Item #9 Page 4 of 46
significant effect on the environment. Moreover, approval of the Ordinance constitutes an
administrative activity of CMWD and is additionally exempt from CEQA on that basis. (State CEQA
Guidelines, § 15378(b)(5).)
NOW, THEREFORE, be it ordained by the Board of Directors of the Carlsbad Municipal Water
District as follows:
1. The above recitations are true and correct and are incorporated into this Ordinance.
2. Miscellaneous.
a. Existing Law Continued. The adoption of the provisions in this Ordinance that are
substantively the same as existing ordinances relating to the same subject are
restatements and continuations of existing ordinances and not new enactments or
amendments, except for formatting to codify the existing ordinances. The adoption
of this Ordinance is not intended to affect or disrupt the continuity of the CMWD’s
business or administration of its law, including but not limited to the following:
i. Action and proceedings that began before the effective date of this
Ordinance;
ii. Prosecution for ordinance violations committed before the effective date of
this Ordinance; or
iii. Matters of record that refer to or are connected with a provision of the prior
Code, as amended, and which references shall be constructed to apply to the
corresponding provisions of the CMWD Code.
b. References to Prior Ordinances Apply to All Amendments. Whenever a reference is
made to this Code as the “Carlsbad Municipal Water District Code” or to any portion
of it, or to any ordinance by the Carlsbad Municipal Water District, the reference
shall apply to all amendments, corrections and additions, made now or in the future.
c. Title, Chapter and Section Headings. Title, chapter and section headings contained
in this Code shall not be deemed to govern, limit, modify or in any matter affect the
scope, meaning or intent of the provisions of any title, chapter or section of this
Code.
d. References to Specific Ordinances and Code Sections. The provisions of this
Ordinance do not affect matters of record which refer to, or are connected with
Oct. 29, 2024 Item #9 Page 5 of 46
ordinances, titles, chapters, or section headings included within the CMWD Code.
Renumbering and relabeling of existing ordinances, title, chapter, and section
headings by this Ordinance does not affect the continuing validity of existing laws.
Any existing reference to an ordinance, title, chapter, or section heading which is
renumbered or relabeled by this Ordinance must be construed to apply to the
corresponding provisions contained within this Ordinance.
e. Effect of Ordinance on Past Actions, Obligations and Irregularities. All rights and
obligations existing under any ordinance in effect prior to the effective date of this
Ordinance continue in full force and effect. This Ordinance does not invalidate any
action taken prior to the effective date of this Ordinance if the action was proper
under the law governing the action at the time the action was taken. Adoption of
this Ordinance supersedes the incorporated ordinances, and to the extent there is a
conflict with them, this Ordinance takes precedence over the incorporated
ordinances. In the event of any irregularities in the restatement of any ordinances,
this Ordinance constitutes a readoption of any said ordinance with the intent of
curing any such adoption irregularity. Adoption of this Ordinance, and the resulting
amendment of any ordinance or portion of any ordinance of the CMWD, do not
revive any rights repealed or extinguished by any prior ordinance of the CMWD.
f. Effect of Ordinance on Period of Limitation. When a limitation or period of time
prescribed in any existing ordinance for acquiring a right or barring a remedy, or for
any other purpose, has begun to run before this Ordinance goes into effect, and the
same or any limitation is prescribed in this Ordinance, the time which has already
run is deemed part of the time prescribed as such limitation by this Ordinance.
g. Successor Codes. All references in this Ordinance to California codes includes all
successor provisions to such codes. Where any of the provisions of this Ordinance
conflict with subsequent changes in the cited or successor codes or other applicable
California law, the provisions of those changed or successor codes or other
applicable law applies in place of the conflicting provisions in this Ordinance. Any
such changed or successor or other applicable law applies to allow imposition of the
Oct. 29, 2024 Item #9 Page 6 of 46
maximum penalties, interest, charges, and damages and the strictest compliance
deadlines then allowed by law.
3. Title 1 Repealed and Replaced. Title 1 “General Provisions” of the CMWD Code is
repealed and replaced as set forth in Attachment A to this Ordinance, which is
incorporated by this reference as if set forth in full at this point.
4. Parentheticals. Parenthetical references of a historical nature are not a substantive part
of this Ordinance and may be deleted and modified as necessary as part of the
codification of the Carlsbad Municipal Water District Code.
5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part of it is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or
any part of it. The Board of Directors of the CMWD declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase of the
Ordinance, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrases be declared unconstitutional.
6. Publication. The CMWD Board Secretary has caused notice of this Ordinance to be
advertised in a newspaper of general circulation as is required by law.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the CMWD
Board Secretary shall certify the adoption of this ordinance and cause the full text of the ordinance, or
a summary of the ordinance prepared by the CMWD General Counsel to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Special Meeting of the Carlsbad Municipal Water District
Board of Directors on the _____ day of ______________, 2024, and thereafter
Oct. 29, 2024 Item #9 Page 7 of 46
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District Board of Directors on the ______ day of ______________, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, General Counsel
_______________________________________
KEITH BLACKBURN, President
_______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Oct. 29, 2024 Item #9 Page 8 of 46
Attachment A
Page 1
Title 1
GENERAL PROVISIONS
Chapters:
1.04 Code Adoption
1.08 Administration and Personnel
1.16 Finance
1.20 Enforcement
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Chapter 1.04
CODE ADOPTION
Sections: 1.04.010 Recodification and adoption. 1.04.020 Title-Citation-Reference. 1.04.030 Reference to amendments. 1.04.040 Codification authority. 1.04.050 Title, chapter and section headings. 1.04.060 References to ordinances. 1.04.070 Effect of code on past actions and obligations. 1.04.080 Effective Date 1.04.090 Severability. 1.04.100 Limitation on liability. 1.04.110 Continuation of existing law. 1.04.120 Effect of recodification.
1.04.010 Recodification and adoption.
Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10,
there is recodified and adopted the “Carlsbad Municipal Water District Code” as revised, reformat-
ted, indexed, codified, compiled, updated and republished by Quality Code Publishing, together with
those secondary codes adopted by reference as authorized by the California State Legislature, save
and except those portions of the secondary codes as are deleted, modified or amended by the
Carlsbad Municipal Water District Code.
1.04.020Title-Citation-Reference.
This Code is the “Carlsbad Municipal Water District Code” in any prosecution for the violation of any
provision of this Code or in any proceeding at law or equity. It shall also be sufficient to designate
any ordinance adding to, amending, correcting or repealing all or any part or portion of this Code as
an addition to, amendment to, correction of or repeal of the “Carlsbad Municipal Water District
Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Carls-
bad Municipal Water District Code” and such reference shall apply to that numbered title, chapter,
section or subsection as it appears in this Code.
1.04.030 Reference to amendments.
Whenever a reference is made to this Code as the “Carlsbad Municipal Water District Code” or to
any portion of it, or to any ordinance of the Carlsbad Municipal Water District, that reference shall
apply to all amendments, corrections and additions made before now, now, and in the future.
1.04.040 Codification authority.
Except as otherwise provided, this Code consists of regulatory, penal, and administrative laws of
general application of the Carlsbad Municipal Water District, codified pursuant to the authority of the
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Municipal Water District Law of 1911 (Cal. Water Code, § 71000 et seq.), particularly Section 71281,
and to California Government Code Sections 50020 through 50022.10.
1.04.050 Title, chapter and section headings
Title, chapter, and section headings contained in this Code shall not be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or
section of this Code
1.04.060 References to ordinances.
This Code shall not affect deposits or other matters of record which refer to, or are otherwise con-
nected with, ordinances or resolutions which are specifically designated by number or otherwise,
and which are included in this Code, but such references shall apply to the corresponding provisions
set forth in this Code. Carlsbad Municipal Water District Code sections cited on signage within the
District shall, until updated if and as required, be deemed to be citations to the counterpart sections
in the recodified Carlsbad Municipal Water District Code for purposes of notice and enforcement.
1.04.070 Effect of code on past actions and obligations.
Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or
any part of any ordinance of the District shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date of this Code, nor be con-
strued as a waiver of any license, fee, or penalty at the effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the
collection of any such license, fee, or penalty, or the penal provisions applicable to any violation of
such ordinances, nor to affect the validity of any bond or cash deposit in lieu of any bond required
to be posted, filed, or deposited pursuant to any ordinance and all rights and appertaining obligations
under such ordinances shall continue in full force and effect.
1.04.080 Effective Date
The Carlsbad Municipal Water District Code became effective on August 15, 2024, the date that
Ordinance No. 49 became effective.
1.04.090 Severability
It is the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this
Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code is de-
clared unconstitutional or without effect by any final judgment or decree of a court of competent
jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sen-
tences, paragraphs and sections of this Code.
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1.04.100 Limitation on liability.
Except when otherwise specifically indicated, the obligations imposed upon District officers or staff
for implementation and enforcement of this Code are directory in nature. Nothing in this Code shall
be construed as limiting or eliminating any defense or immunity from liability for the District or its
officers or staff established by the provisions of Title 1, Division 3.6 of the California Government
Code or by any other provision of law. Except when otherwise specifically indicated, the manner
and timing of enforcement and implementation of this Code shall be within the discretion of the
Executive Manager or other designated District officers or staff. Except when otherwise specifically
indicated this Code shall not be construed to hold the District or any officer or staff of the District
responsible for any damage to persons or property by reason of a failure to enforce, implement or
execute any of the provisions of this Code. Nothing in this Code shall be construed to hold the
District or any officer or staff of the District responsible for any damage resulting to persons or prop-
erty by reason of any interpretation of this Code by any District officer or staff.
1.01.120 Effect of recodification.
The recodification and adoption of the Carlsbad Municipal Water District Code as specified in this
chapter shall not affect the following matters:
A. Actions and proceedings that began before the effective date of the ordinance codified in
this chapter.
B. Civil, criminal and administrative proceedings concerning ordinance violations committed
before the effective date of the ordinance codified in this chapter.
C. The amount of or collection of license, fee, penalty, debt, forfeiture or obligation due and
unpaid as of the effective date of the ordinance codified in this chapter.
D. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordi-
nance, resolution or regulation.
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Chapter 1.08
ADMINISTRATION AND PERSONNEL
Sections: 1.08.010 Jurisdiction. 1.08.020 Board of Directors. 1.08.030 Officers designated -- Duties. 1.08.040 Conflicts of interest. 1.08.050 Meetings. 1.08.060 Personnel.
1.08.010 Jurisdiction
This code shall refer only to the omission or commission of acts within the territorial limits of the
District and to that territory outside of the District over which the District has jurisdiction or control
by virtue of the Constitution, or any law, or by reason of ownership or control of property.
1.08.020 Board of Directors.
The City Council of the City of Carlsbad will sit as the Board of Directors of the Carlsbad Municipal
Water District.
(Res. 614, 1989)
1.08.030 Officers Designated -- Duties.
A. The Mayor of the City of Carlsbad shall serve as the President of the Board of Directors. It shall
be the duty of the President to preside over the meetings of the Board of Directors, appoint
committee members, appoint organization representatives and perform such other duties and
responsibilities as required or imposed by law or a majority vote of the Board of Directors.
B. The Mayor Pro Tem of the City of Carlsbad shall serve as the Vice President of the Board of
Directors and shall exercise the powers and duties of the President, if the President is absent
or unable to act.
C. The City Manager of the City of Carlsbad shall be the Executive Manager of the District. The
Executive Manager shall be the administrative head of the District under the direction and con-
trol of the Board of Directors. The Executive Manager shall be responsible for the efficient
administration of all affairs of the District and shall report directly to the Board of Directors.
D. The City Attorney of the City of Carlsbad shall be the General Counsel for the District.
E. The City Clerk of the City of Carlsbad shall be the Secretary of the Board of Directors. In addi-
tion to the duties imposed on the Secretary by law, the Secretary shall perform such duties as
may be imposed by the Board of Directors.
F. The General Manager shall be the administrative officer responsible directly to the Executive
Manager. The Executive Manager shall delegate to the General Manager responsibility for day-
to-day activities of the District.
G. Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by
the Board of Directors, all duties and powers granted to or imposed upon the Executive
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Manager may be delegated by the Executive Manager to other officers, department heads or
management employees of the City of Carlsbad.
(Res. 743, 1991; Res. 648, 1990; Ord. 1 § 12, 1954)
1.08.040 Conflicts of interest.
The conflict of interest code of the City of Carlsbad shall be the conflict of interest code for the Board
of Directors, Executive Manager, General Counsel, and Secretary. Financial disclosure statements
filed by the Mayor and City Council, City Manager, City Attorney and City Clerk for the City of Carls-
bad shall satisfy the filing obligations under the Political Reform Act for District officials and the
conflict of interest code for the Carlsbad Municipal Water District.
(Res. 648, 1990)
1.08.050 Meetings.
A. Regular and special meetings of the Board of Directors may be held in conjunction with sched-
uled meetings of the City Council of the City of Carlsbad or as needed to conduct District busi-
ness. Regular meetings of the Board of Directors will be at City Hall in the City Council Cham-
ber, unless a different location has been designated by the President or action of the Board of
Directors. Regular meetings of the Board of Directors may be held concurrently with meetings
of the City Council.
B. Special meetings of the Board of Directors may also be called by the President, a majority of
the Board, the Executive Manager or the General Counsel. Notice of a special meeting must
be given and posted as provided in Section 54956 of the California Government Code. The
notice must include the date, time and location of the meeting, and a brief statement of the
business to be transacted or discussed. No other business may be transacted or discussed at
the meeting.
The procedures for meetings of the Board of Directors shall be the procedures of the City
Council, including the provisions of Chapter 1.20 of the Carlsbad Municipal Code.
C. The Secretary is responsible for the minutes of all meetings of the Board of Directors, except
closed sessions. The minutes shall conform with Carlsbad Municipal Code Section 1.20.080
and will be presented and approved by the Board of Directors according to the procedures of
Carlsbad Municipal Code Section 1.20.080.
D. The Board of Directors shall act only by ordinance, resolution or motion. A majority of the Board
of Directors shall constitute a quorum for the transaction of business. No ordinance, motion or
resolution shall be passed to become effective without the affirmative vote of a majority of the
members of the Board of Directors. Action not requiring adoption of a resolution or ordinance,
including providing direction or authorization to a District officer or staff, may be taken by motion
recorded in the minutes of the meeting. On all ordinances, the roll shall be called and the ayes
and noes recorded in the minutes of the proceedings. The enacting clause of the ordinance
shall be: “BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District
of the City of Carlsbad, California, as follows:” Resolutions, motions and orders may be adopted
by a voice vote, but on demand of any member, the roll shall be called the vote recorded.
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E. Records of all proceedings and actions taken by the Board of Directors shall be kept at the
Office of the Secretary.
(Res. 743, 1991; Res. 648, 1990; Ord. 25 § 1, 1967; Ord. 20 § 1, 1963; Ord. 18 § 1, 1960; Ord. 17
§ 1, 1959; Ord. 15 § 1,1959; Ord. 13 § 1, 1958; Ord. 11 § 1, 1958; Ord. 6 § 1, 1956; Ord. 5 § 1,
1955; Ord. 3 § 1, 1954; Ord. 2 § 1, 1954; Ord. 1 §§ 1—9, 11, 1954)
1.08.060 Personnel.
The City of Carlsbad will act as the agent of the District in the performance of some of the adminis-
trative and operational functions of the District. Any city employee assigned to perform services for
the District will remain an employee of the city.
(Res. 741, 1991)
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Chapter 1.16
FINANCE
Sections: 1.16.010 Accounting. 1.16.020 Cash management. 1.16.030 Purchasing. 1.16.040 Emergency purchasing. 1.16.050 Claims for damages. 1.16.060 Refunds. 1.15.070 Delegation of authority to accept donations.
1.16.010 Accounting.
Full responsibility for all of the billing, accounting and auditing activities of the District shall be man-
aged by the City of Carlsbad Finance Department. These functions shall be performed in conform-
ance with current city procedures for enterprise funds and generally accepted accounting principles.
(Res. 741, 1991)
1.16.020 Cash management.
Investment of District funds shall be performed by the City of Carlsbad City Treasurer in accordance
with state law and the city’s Investment Policy. District fund investments shall be accounted for
separately. (Res. 741, 1991)
1.16.030 Purchasing.
The Purchasing Ordinance of the City of Carlsbad as set forth in Title 3, Chapter 3.28 of the Carlsbad
Municipal Code is adopted by reference and incorporated as part of this Code, except that whatever
provisions refer to a City of Carlsbad board, territory, area, agency, official, employee or otherwise
it shall mean the corresponding board, territory, area, agency, official, staff or otherwise of the Dis-
trict, and if there is none, it shall mean that the city is acting in the same capacity on behalf of the
District.
1.16.040 Emergency purchasing.
In addition to the emergency purchasing procedures contained in Carlsbad Municipal Code Chapter
3.28, the Executive Manager of the District is authorized to execute emergency public works con-
tracts and purchasing agreements, as necessary, to restore water service or safeguard the health
and safety of the public, subject to the following provisions.
A. The Executive Manager makes a written determination of the facts constituting the emergency
to be presented to the Board of Directors at the first meeting held after the General Manager
has taken such action, including facts demonstrating that prior Board approval was impractical.
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B. Any emergency public works contracts authorized under this section shall be less than
$25,000.00.
C. Prior to entering into any purchasing agreement, the Executive Manager shall require the use
of reasonably available District supplies, equipment, and personnel, as well as the supplies,
equipment and personnel reasonably available under mutual aid agreements. (Ord. 27, 1987)
1.16.050 Claims for damages.
A. No claim for damages against the District shall be allowed or paid unless a claim has first been
filed with the Secretary to the Board of Directors within the time periods required by subsection
B of this section.
B. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be filed not later than six months after the accrual of the cause of action. A
claim relating to any other cause of action shall be filed not later than one year after the accrual
of the cause of action.
C. The City of Carlsbad’s Risk Management Division is responsible for loss prevention including
the handling of claims received by the District.
1.16.060 Refunds.
A. When not otherwise prohibited by law, the Executive Manager may authorize a refund in an
amount up to $25,000 for monies that were erroneously paid to or collected by, but not actually
due to the District at the time the funds were received, such as overpayments or duplicate
payments.
B. A written request for refund, signed by the person paying the fee or by the General Manager
shall be filed with the Executive Manager or designee setting forth the facts and reasons which
justify the request.
C. The Executive Manager or designee shall make findings that support the authorization for re-
fund and shall send regular reports of refunds exceeding $10,000.00 to the Board of Directors.
1.16.070 Delegation of authority to accept donations.
The Executive Manager shall have authority to accept donations received by the District in the form
of cash, financial securities, or real or personal property, in an amount up to $5,000.00. The Exec-
utive Manager shall use the donation in accordance with the donor’s intent, including selling real or
personal property to fund District activities. If there is no such intent, the money shall be added to
the District’s contingency account. Each month the Executive Manager shall send to the Board of
Directors a report of all donations that have been accepted.
Oct. 29, 2024 Item #9 Page 17 of 46
I
Page 10
Chapter 1.20
ENFORCEMENT
Sections: 1.20.010 Penalty for violation of District ordinances. 1.20.020 Time limits for judicial review. 1.20.030 Environmental protection procedures.
1.20.010 Penalty for violation of District ordinances.
Unless otherwise specified in a District ordinance, all violations of a District ordinance may be en-
forced pursuant to Carlsbad Municipal Code Chapters 1.08 and 1.10, including the administrative
assessment, procedures of civil penalties, administrative hearing procedures, and appeals, which
chapters are adopted by reference, except that whenever any provisions incorporated refer to the
City Council, board, territory, area, agency, official, employee, or otherwise it shall mean the corre-
sponding District board, territory, area, agency, official, staff, or otherwise.
1.20.020 Time limits for judicial review.
Chapter 1.16 of the Carlsbad Municipal Code is adopted by reference except that whenever any
provisions incorporated refer to the City Council, board, territory, area, agency, official, employee,
or otherwise it shall mean the corresponding District board, territory, area, agency, official, staff, or
otherwise. (Ord. 38 § 2, 1991)
1.20.030 Environmental protection procedures.
Environmental protection procedures shall be the same as those set forth in Chapter 19.04 of the
Carlsbad Municipal Code, which is adopted by reference except that whenever any provisions in-
corporated refer to the City Council, board, territory, area, agency, official, employee, or otherwise
it shall mean the corresponding District board, territory, area, agency, official, staff, or otherwise.
(Ord. 38 § 2, 1991)
Oct. 29, 2024 Item #9 Page 18 of 46
■
Exhibit 2
Page 1
Title 1
GENERAL PROVISIONS
Chapters:
1.04 Code Adoption
1.08 Administration and Personnel
1.12 Territory
1.16 Emergency PurchasingFinance
1.20 Enforcement
Oct. 29, 2024 Item #9 Page 19 of 46
Page 2
Chapter 1.04Chapter 1.04
CODE ADOPTION
CODE ADOPTION (RESERVED)
Sections: 1.04.010 Carlsbad Municipal Water District Code adopted.Recodification and adoption. 1.04.020 Title-Citation-Reference. 1.04.0320 Reference to amendments. 1.04.040 Codification authority. 1.04.0530 Title, chapter and section headings. 1.04.0640 References to ordinances. 1.04.0750 Effect of code on past actions and obligations. 1.04.080 Effective Date 1.04.0960 Severability. 1.04.10070 Limitation on liability. 1.04.110 Continuation of existing law. 1.04.120 Effect of recodification.
1.04.010 Recodification and adoption.
Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10,
there is hereby recodified and adopted the “Carlsbad Municipal Water District Code” as revised,
reformatted, indexed, codified, compiled, updated and republished by Quality Code Publishing, to-
gether with those secondary codes adopted by reference as authorized by the California State Leg-
islature, save and except those portions of the secondary codes as are deleted, modified or
amended by the Carlsbad Municipal Water District Code.
1.04.020Carlsbad Municipal Water District Code adopted.Title-Citation-Reference.
Reserved.This Code is the “Carlsbad Municipal Water District Code” in any prosecution for the vio-
lation of any provision thereof this Code or in any proceeding at law or equity. It shall also be suffi-
cient to designate any ordinance adding to, amending, correcting or repealing all or any part or
portion thereof this Code as an addition to, amendment to, correction of or repeal of the “Carlsbad
Municipal Water District Code.” Further reference may be had to the titles, chapters, sections and
subsections of the “Carlsbad Municipal Water District Code” and such reference shall apply to that
numbered title, chapter, section or subsection as it appears in this Code.
1.04.0320 Reference to amendments.
Whenever a reference is made to this cCode as the “Carslbad Municipal Water District Code” or to any portion thereof it, or to any ordinance of the Carlsbad Municipal Water District, that reference
shall apply to all amendments, corrections and additions made before now, now, and in the futureal
heretofore, now, or hereafter made.
Oct. 29, 2024 Item #9 Page 20 of 46
Page 3
1.04.040 Codification authority.
Except as otherwise provided, this Code consists of regulatory, penal, and administrative laws of
general application of the Carlsbad Municipal Water District, codified pursuant to the authority of the
Municipal Water District Law of 1911 (Cal. Water Code, § 71000 et seq.), and particularly Section
71281 thereof, and to California Article 2 of Chapter 1, Part 1 of Division 1 of Title 5 of the Govern-
ment Code Sections 50020 through 50022.10 of the State of California.
1.04.0530 Title, chapter and section headings
Title, chapter, and section headings contained in this cCode shall not be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or
section of this cCode
1.04.0640 References to ordinances.
This Code shall not affect deposits or other matters of record which refer to, or are otherwise con-
nected with, ordinances or resolutions which are specifically designated by number or otherwise,
and which are included in this Ccode, but such references shall apply to the corresponding provi-
sions set forth in this Code. Carlsbad Municipal Water District Code sections cited on signage within
the District shall, until updated if and as required, be deemed to be citations to the counterpart sections in the recodified Carlsbad Municipal Water District Code for purposes of notice and en-
forcement.
1.04.0750 Effect of code on past actions and obligations.
Neither the adoption of this code Code nor the repeal or amendment hereby by this Code of any ordinance or any part of any ordinance of the District shall in any manner affect the prosecution for
violations of ordinances, which violations were committed prior to the effective date of this cCode,
nor be construed as a waiver of any license, fee, or penalty at the effective date due and unpaid
under such ordinances, nor be construed as affecting any of the provisions of such ordinances re-
lating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any
violation thereof such ordinances, nor to affect the validity of any bond or cash deposit in lieu thereof
any bond required to be posted, filed, or deposited pursuant to any ordinance and all rights and
appertaining obligations under such ordinances shall continue in full force and effectobligations
thereunder appertaining shall continue in full force and effect.
1.04.080 Effective Date
Oct. 29, 2024 Item #9 Page 21 of 46
Page 4
The Carlsbad Municipal Water District Code became effective on August 15, 2024, the date that
Ordinance No. 49 became effective.
The Carlsbad Municial Water District Code shall become effective on the date that the ordinance
codified in this chapter becomes effective.
1.04.0960 Severability
It is the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this
code Code are severable, and if any phrase, clause, sentence, paragraph or section of this code
Code is declared unconstitutional or without effect by any final judgment or decree of a court of
competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this codeCode.
1.04.070100 Limitation on liability.
Except when otherwise specifically indicated the obligations imposed upon District officers or em-
ployeesstaff for implementation and enforcement of this Code are directory in nature. Nothing in this
Code shall be construed as limiting or eliminating any defense or immunity from liability for the
District or its officers or employeesstaff established by the provisions of Title 1, Division 3.6 of the California Government Code or by any other provision of law. Except when otherwise specifically
indicated, the manner and timing of enforcement and implementation of this cCode shall be within
the discretion of the Executive DirectorManager or other designated District officers or employ-eesstaff. Except when otherwise specifically indicated this Code shall not be construed to hold the
District or any officer or employeestaff of the District responsible for any damage to persons or
property by reason of a failure to enforce, implement or execute any of the provisions of this Code.
Nothing in this Code shall be construed to hold the District or any officer or employeestaff of the
District responsible for any damage resulting to persons or property by reason of any interpretation
of this cCode by any District officer or employeestaff
Oct. 29, 2024 Item #9 Page 22 of 46
Page 5
Chapter 1.08
ADMINISTRATION AND PERSONNEL
Sections: 1.08.010 Jurisdiction. 1.08.0120 Board of Directors.Meetings. 1.08.020 District seal. 1.08.03230 Officers designated -- —Duties. 1.08.040 Conflicts of interest.1.08.0340 Holidays. 1.08.050 Meetings. 1.08.060 Personnel. 1.08.0450 Executive Manager– Powers; DutiesRules and regulations amendment.
1.08.010 Jurisdiction
This code shall refer only to the omission or commission of acts within the territorial limits of the
District and to that territory outside of the District over which the District has jurisdiction or control
by virtue of the Constitution, or any law, or by reason of ownership or control of property.
1.08.020 Board of Directors.
The City Council of the City of Carlsbad will sit as the Board of Directors of the Carlsbad Municipal
Water District. (Res. 614, 1989)
1.08.030 Officers designated—Duties.
A. The Mayor of the City of Carlsbad shall serve as the President of the Board of Directors. It shall
be the duty of the President to preside over the meetings of the Board of Directors, appoint
committee members, appoint organizatons representatives and perform such other duties and
responsibilities as required or imposed by law or a majority vote of the Board of Directors.
B. The Mayor Pro Tem of the City of Carlsbad shall serve as the Vice President of the Board of
Directors and shall exercise the powers and duties of the President, if the President is absent
or unable to act..
C. The City Manager of the City of Carlsbad shall be the Executive Manager of the District. The
Executive Manager shall be the administrative head of the District under the direction and con-
trol of the Board of Directors. The Executive Manager shall be responsible for the efficient
administration of all affairs of the District and shall report directly to the Board of Directors.
DC. The City Attorney of the City of Carlsbad shall be the General Counsel for the District.
ED. The City Clerk of the City of Carlsbad shall be the Secretary of the Board of Directors. In addi-
tion to the duties imposed on the Secretary by law, the Secretary shall perform such duties as may be imposed by the Board of Directors.
Oct. 29, 2024 Item #9 Page 23 of 46
Page 6
FE. The General Manager shall be the administrative officer responsible directly to the Executive
Manager. The Executive Manager shall delegate to the General Manager responsibility for day
to day activities of the District.
GF. Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by
the Board of Directors, all duties and powers granted to or imposed upon the Executive Man-
ager may be delegated by the Executive Manager to other officers, department heads or man-
agement employees of the cCity of Carlsbad.
(Res. 743, 1991; Res. 648, 1990; Ord. 1 § 12, 1954)
1.08.040 Conflicts of interest.
The conflict of interest code of the City of Carlsbad shall be the conflict of interest code for the Board
of Directors, Executive Manager, General Counsel, and Secretary. Financial disclosure statements
filed by the Mayor and City Council, City Manager, City Attorney and City Clerk for the City of Carls-bad shall satisfy the filing obligations under the Political Reform Act for District officials and the
Conflict of Interest Ccode for the Carlsbad Municipal Water District.
(Res. 648, 1990)
1.08.010050 Meetings.
A. Regular and special meetings of the Board of Directors willmay be held in conjunction with scheduled meetings of the City Council of the City of Carlsbad or as needed to conduct District
business. The meetings of the Carlsbad Municipal Water District shall be held within the bound-
ary of the territory over which said District exercises jurisdiction. Regular meetings of the Board of Directors shall be heldRegular meetings of the Board of Directors will be at City Hall in the
City Council Chamber, unless a different location has been designated by the President or
action of the Board of Directors. Regular meetings of the Board of Directors may be held con-
currently with meetings of the City Council.
B. Special meetings of the Board of Directors may also be called by the President, a majority of
the Board, the Executive Director Manager or the General Counsel. Notice of a special meeting
must be given and posted as provided in Section 54956 of the California Government Code.
The notice must include the date, time and location of the meeting, and a brief statement of the
business to be transacted or discussed. No other business may be transacted or discussed at
the meeting.
The procedures for meetings of the Board of Directors shall be the procedures of the City Council, including the provisions of Chapter 1.20 of the Carlsbad Municipal Code.without notice on the
first and third Wednesday of each month at the hour of 2:00 p.m. at 5780 El Camino Real,
Carlsbad, San Diego County, California.
CB. The Secretary is responsible for the minutes of all meetings of the Board of Directors, except
closed sessions. The minutes shall conform with Carlsbad Municipal Code sSection 1.20.080
and will be presented and approved by the Board of Directors according to the procedures of
Carlsbad Municipal Code Section 1.20.080.The special meetings of the Board of Directors of
the Carlsbad Municipal Water District may be ordered and called at any time by the President
Commented [PG1]: Pls note it was changed to Executive Manager to be consistent
Oct. 29, 2024 Item #9 Page 24 of 46
Page 7
of the Board of Directors of the District or by a majority of the members of said Board of Direc-
tors, by delivering personally or by mailing a written notice ordering and calling said meeting,
to each member of the Board of Directors of this District and to each local newspaper of general
circulation, radio station, or television station, requesting notice of special meetings, at least 24 hours before the time set forth for the holding of such meeting.
D. The Board of Directors shall act only by ordinance, resolution or motion. A majority of the Board
of Directors shall constitute a quorum for the transaction of business. No ordinance, motion or
resolution shall be passed to become effective without the affirmative vote of a majority of the
members of the Board of Directors. sAction not requiring adoption of a resolution or ordinance, including providing direction or authorization to a District officer or employeestaff, may be taken
by motion recorded in the minutes of the meeting. [add –in Water Code section 71277]On all
ordinances, the roll shall be called and the ayes and noes recorded in the minutes of the pro-
ceedings. The enacting clause of the ordinance shall be: “BE IT ORDAINED by the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, as follows:”
Resolutions, motions and orders may be adopted by a voice vote, but on demand of any mem-
ber, the roll shall be called the vote recorded.
E. Records of all proceedings and actions taken by the Board of Directors shall be kept at the
oOffice of the Secretary at the principal place of business of the District.Said order and call shall
specify the time and place of the special meeting and the business to be transacted at said
meeting, and no other business shall be considered at such meeting by the Board of Directors.
C. If at any time, any regular meeting or any special meeting or any adjourned meeting shall fall
on a holiday, such meeting shall be held on the next business day. If, by reason of fire, flood,
earthquake, or other emergency, it shall be unsafe to meet at the place designated for regular meetings, or at the place specified in the notice of any special meeting, or at the place to which
any meeting was adjourned, then such meeting or the adjourned meeting, may be held for the
duration of the emergency at such place as is designated by the President of the Board of Directors of the District.
D. The Board of Directors of the District may adjourn any regular, special or adjourned meeting to
a time and place specified in the order of adjournment. When any regular meeting or adjourned regular meeting is so adjourned, the adjourned meeting shall be deemed a regular meeting for
all purposes. If the order of adjournment fails to state the hour at which the adjourned meeting
is to be held, it shall be held at the hour specified in the ordinance far the holding of regular
meetings.
E. At the first meeting of the Board of Directors in the month of January of each odd-numbered
year, the Board of Directors shall choose one of its members President of the Board.
F. All meetings of the Board of Directors of the District shall be open and public and all persons
shall be permitted to attend any meeting of the Board of Directors and all acts and deliberations
of the Board of Directors shall be taken and conducted openly; provided, however, that nothing
contained herein shall be deemed to prevent the Board of Directors from holding executive
sessions to consider the employment or dismissal of a public officer or employee, or to hear complaints or charges brought against a public officer or employee of the District by another
public officer, person, or employee, unless such officer or employee requests a public hearing,
Oct. 29, 2024 Item #9 Page 25 of 46
Page 8
or prevent the Board of Directors from excluding from any such public or private hearing during
the examination of a witness, any or all other witnesses in the matter being investigated by the
Board of Directors of the District.
G. A majority of the members of the Board of Directors of the District shall constitute a quorum for
the transaction of business.
H. 1. The Board of Directors of the District shall act only by ordinance, resolution or motion.
2. On all ordinances, the roll shall be called and the ayes and noes recorded in the minutes (jour-
nal) of the proceedings of the Board of Directors, and the enacting clause of the ordinance shall
be: “BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District as
follows:”
3. Resolutions, motions and orders may be adopted by a voice vote, but on demand of any mem-
ber, the roll shall be called the vote recorded.
4. No ordinance, motion or resolution shall be passed or become effective without the affirmative vote of a majority of the members of the Board.
I. Except as otherwise provided by law or ordinance adopted by this Board, “Robert’s Rules of
Order, Revised” are hereby adopted as the rules of practice and procedure governing the con-duct of the business and procedure before this Board. The President shall preside at all meet-
ings and shall have a vote on all matters before the Board. In the absence of the President, the
Vice-President shall preside, and in the absence of both, the presiding officer shall be elected
by a majority vote of the members of the Board.
J. 1. The minutes of the meetings of the Board of Directors shall be recorded and kept by the
Executive Secretary in a book maintained for that purpose, entitled “Book of Minutes of the
Meetings of the Board of Directors of the Carlsbad Municipal Water District.” Unless otherwise
expressly directed by the Board at the time of their adoption, all ordinances and resolutions
adopted by the Board may be referred to in the minutes of the meetings of the Board by number
and title, but the same shall be recorded in full in books kept for that purpose and entitled “Book
of Ordinances” and “Book of Resolutions,” respectively.
2. The President or other person who may preside at the meeting, or the Secretary, shall authen-
ticate the minutes, ordinances and resolutions after these have been transcribed into the ap-
propriate books, and when so authenticated shall constitute the official minutes, ordinances and resolutions of the Board of Directors of the Carlsbad Municipal Water District.
3. The minute book, the book of ordinances, and the book of resolutions shall be kept at the office
of the Executive Secretary at the principal place of business of the District.
K. The order of business at all regular meetings of the Board of Directors shall be as follows:
1. Reading and correction of the minutes of the preceding regular meeting and all intervening
special meetings.
2. Reading and consideration of all correspondence addressed to the Board and received since
the last regular meeting.
3. Reading and consideration of all reports of officers, board members, special and standing com-mittees, the general manager, comptroller, or other officer, submitted to the Board of Directors prior
to or at said meeting.
Oct. 29, 2024 Item #9 Page 26 of 46
Page 9
4. Unfinished business.
5. New business.
6. Adjournment. (Res. 743, 1991; Res. 648, 1990; Ord. 25 § 1, 1967; Ord. 20 § 1, 1963; Ord. 18
§ 1, 1960; Ord. 17 § 1, 1959; Ord. 15 § 1, 1959; Ord. 13 § 1, 1958; Ord. 11 § 1, 1958; Ord. 6 § 1,
1956; Ord. 5 § 1, 1955; Ord. 3 § 1, 1954; Ord. 2 § 1, 1954; Ord. 1 §§ 1—9, 11, 1954))
1.08.060 Personnel.
The City of Carlsbad will act as the agent of the District in the performance of some of the adminis-
trative and operational functions of the District. Any city employee assigned to perform services for
the District will remain an employee of the city. 1.08.020 District seal.
(Res. 741, The seal bearing the words “Carlsbad Municipal Water District, organized March 22,
1954,” is adopted as the official seal of this District. (Ord. 1 § 10, 1954)
1.08.0230 Officers designated—Duties.
A. ,,The President and Secretary, in addition to the respective duties imposed on them by
law, shall perform such duties as may be imposed on them by the Board of Directors and the Pres-
ident may from time to time appoint one or more committees.B. The Treasurer, and such other person or persons as may be authorized by the Board of Directors, shall draw checks or warrants
to pay demands on the District when such demands have been audited and approved by the Board
of Directors.
C. The attorney shall be the legal advisor of the District and shall perform such duties as may
be prescribed by the Board of Directors.
D. The Board of Directors shall designate a depository or depositories to have the custody of the funds of the District, who shall give security sufficient to secure the District against possible
loss and who shall be authorized to and shall pay warrants or checks drawn by the District for de-
mands against the District when approved by the Board of Directors.accounting s investments
E. The Secretary, the Treasurer, and all other officers employed who may be required to
furnish bond by the Board of Directors, shall give bonds conditioned for the faithful performance of
their duties; and the premiums of such bonds shall be paid by the District.
FE. No director shall in any manner be interested, directly or indirectly, in any contract awarded
or to be awarded by the Board of Directors, and no officer or employee of the District shall in any
manner be interested directly or indirectly in any contract made by such officer or employee, pursu-
ant to discretionary authority vested in him or her, or be interested in the benefits to be derived
therefrom; provided, however, that no Director, officer or employee shall be deemed to be interested,
directly or indirectly, in any such contract if such Director, employee, or officer owns or controls
directly or indirectly 5% or less of the outstanding stock or securities of any corporation contracting
with the District, or if such contract or instrument shall be entered into by said officer, Director, or employee pursuant to the provisions of any ordinance or regulation of the District of uniform
Oct. 29, 2024 Item #9 Page 27 of 46
Page 10
application, and which ordinance or regulation shall have become effective prior to the making or
execution of such contract or instrument. (Ord. 1 § 12, 1954)
G.
1991)
1.08.0340 HolidaysExecutive Manager– Powers; Duties.
A. The executive manager shall have authority on behalf of the District to accept donations to the
District in an amount or of a value of up to $5,000.00. The executive manager shall use the gift
or may sell it and use the proceeds in accordance with the donor’s intent. If there is no such
intent, the money shall be added to the District’s contingency account. Each month the execu-
tive manager shall send to the Board of Directors a report of all donations that have been
accepted.
B. It shall be the duty of the executive manager to perform such other duties and exercise such
other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the Board of Directors. (2.12.035(L))
C. Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by
the Board of Directors, all duties and powers granted to or imposed upon the executive man-ager may be delegated by the executive manager to other officers, department heads or man-
agement employees of the District as the executive manager deems appropriate. (2.12.040)
received by the District in the form of cash, financial securities, real or personal property,dona-tion , including selling real or personal property to fund District activitiesEM
A. The holidays of the Carlsbad Municipal Water District are:
1. Every Saturday.
2. Every Sunday.
3. January 1st.
4. February 12th, known as “Lincoln Day.”
5. February 22nd.
6. May 30th.
7. July 4th.
8. First Monday in September.
9. September 9th, known as “Admission Day.”
10. October 12th.
11. November 11th, known as “Veterans Day.”
12. December 25th.
13. Good Friday from 12:00 noon until 3:00 p.m.
14. Every day on which an election is held throughout the State.
15. Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
B. If January 1st, February 12th, February 22nd, May 30th, July 4th, September 9th, October 12th,
November 11th, or December 25th falls upon a Sunday, the Monday following is a holiday.
Oct. 29, 2024 Item #9 Page 28 of 46
Page 11
C. The office of the district for transaction of business shall be closed on each holiday above set
forth. (Ord. 19 § 1, 1963)
1.08.0450 Executive Manager – Refunds; Settlement AuthorityRules and regulations amend-
ment.
These rules and regulations may be amended by a majority vote of the members of the Board of
Directors of the Carlsbad Municipal Water District at any regular meeting, by the adoption of an
ordinance amending this ordinance or any section thereof. (Ord. 1 § 13, 1954)
A. The executive manager, with the concurrence of the District’s legal counsel, shall have authority
to settle claims against the District when the amount to be paid pursuant to the settlement does
not exceed ten thousand dollars ($10,000), or twenty -five thousand dollars ($25,000) in the
case of liability claims related to water or sewer service.
B. That in the case of liability claims related to water or sewer service, the Risk Manager shall
have authority to settle the claims or approve emergency expenditures when the amount does
not exceed twenty-five hundred dollars ($2,500) and per the policy in Exhibit 1.
C. That the Board of Directors shall have authority to settle liability claims against the District when
the amount to be paid pursuant to the settlement exceeds ten thousand dollars ($10,000), or
twenty-five thousand dollars ($25,000) in the case of liability claims related to water or sewer
service.
D. When not otherwise prohibited by law, the executive manager may authorize a refund in an
amount up to twenty-five thousand dollars ($25,000) for monies that were erroneously paid to
or collected by, but not actually due to the District at the time the funds were received, such as
overpayments or duplicate payments.
E. A signed written request for a refund, signed by the person paying the fee or by the department
head of the requesting department shall be filed with the finance director setting forth the
facts and reasons which justify the request.
F. The finance director shall investigate the request and forward the request and his or her recommendation to the executive manager or designee.
G. The executive manager or designee shall make written findings that support the authorization for refund and shall send to the Board of Directors regular reports of refunds exceeding
$10,000.00.
H. The city manager may also authorize a refund when the request for refund is based on the
withdrawal of an application for a development project requiring a fee for city services, including,
but not limited to, checking of improvement plans, review of tentative tract maps, site develop-
ment plans, conditional use permits, or other similar zoning permits and building permits. The
city shall retain a portion of the application fee as compensation for staff time invested in the
acceptance and processing functions through the time the refund was requested. The
Oct. 29, 2024 Item #9 Page 29 of 46
Page 12
appropriate department head shall provide the finance director with an estimate of the number
of hours spent in processing any such application or permit as the basis for the city’s retention.
The city manager may then authorize the refund of any remaining balance.
Upon receipt of proper authorization, the finance director shall make the refund.
Oct. 29, 2024 Item #9 Page 30 of 46
Page 13
Chapter 1.12
TERRITORY
Section: 1.12.010 Territory excluded.
1.12.010 Territory.
CMWD territory is designated by resolution.
1.12.010 Territory excluded.
The Board of Directors of the Carlsbad Municipal Water District does hereby approve the exclusion
of the following described territory, located and lying within the Carlsbad Municipal Water District
from the corporate area of the Carlsbad Municipal Water District:
All that portion of the Carlsbad Municipal Water District of San Diego County, more particularly de-
scribed as follows:
Beginning at the Northeast corner of Lot 7, Block C, of North Carlsbad Annex, as shown on
Map No. 1888 filed in the office of the County Recorder of San Diego County;
1. Thence Southeasterly along the Easterly line of said Lot 7, Block C, and its Southeasterly
prolongation to the Southerly line of Palm Road;
2. Thence Westerly along said Southerly line to the Northeast corner of Lot 1 in Block E of
said Map 1888;
3. Thence Southeasterly along the Easterly line of Lot 1, Block E, to the Southeast corner
thereof;
4. Thence North 89 degrees 30 minutes 45 seconds West along the Southerly line of said
Lot 1, Block E, 206.94 feet;
5. Thence North 2 degrees 16 minutes 35 seconds West 395.99 feet to the Southerly line of
said Palm Road;
6. Thence Southwesterly along said Southerly line of Palm Road to an intersection with the
Southeasterly prolongation of the Southwesterly line bearing South 37 degrees 20
minutes East of Lot 6, Block C of said Map 1888;
7. Thence North 37 degrees 20 minutes West across Palm Road and continuing North 37
degrees 20 minutes West along Southwesterly line of said Lot 6, Block C, 50 feet;
8. Thence North 15 degrees 57 minutes 52 seconds West along the Westerly line of said Lot
6, Block C, to the Northwest corner thereof;
9. Thence North 84 degrees 18 minutes 33 seconds E along the Northerly line of Lots 6 and
7, Block C, to the Northeast corner of Lot 7 and the point of beginning.
And all that portion of the Carlsbad Municipal Water District, San Diego County, being portions of Lot 2, Tract 55, and Lot 1, Tract 56, of Hotaling Lands, as per Map No. 1717 filed in the office of the
Recorder of San Diego County, more particularly described as follows:
Oct. 29, 2024 Item #9 Page 31 of 46
Page 14
Beginning at the point of intersection in the Northerly line of Grandview Street and the Northerly
prolongation of the Easterly line of the Westerly 319.65 feet of Lot 1, Tract 56, of said Map
1717;
1. Thence South 35 degrees 12 minutes East 369.48 feet;
2. Thence South 54 degrees 48 minutes West 319.65 feet to the Easterly line of Ridgeway
Street;
3. Thence in a direct line to a point in the centerline of Ridgeway Street South 35 degrees
12 minutes East 337.42 feet from the centerline of Grandview Street;
4. Thence South 54 degrees 48 minutes West 210 feet to a point in Lot 2, Tract 55, of said
Map 1717;
5. Thence North 35 degrees 12 minutes West 240.73 feet;
6. Thence North 54 degrees 48 minutes East 20 feet;
7. Thence North 35 degrees 12 minutes West to the Northerly line of Grandview Street, being
also a point in the boundary line of the City of Oceanside;
8. Thence Northeasterly along said Northerly line of Grandview Street and the boundary of
the City of Oceanside to the point of beginning.
Also including:
Parcel No. 1
1. Beginning at the Northeasterly corner of Section 36, Township 11 South, Range 5 West, S.B.B. & M.; thence South 0 degrees 11 minutes 19 seconds East along said Easterly
Section line 1757.74 feet to a point of intersection in the Northwesterly right-of-way line of
Vista Way as shown on Map of Hotaling Lands as per Map thereof No. 1717 filed in the office of the Recorder of San Diego County on the 16th day of April, 1921 (State Route
196), said point being the True Point of Beginning;
2. Thence continuing South 0 degrees 11 minutes 19 seconds East along said Easterly sec-tion line to a point of intersection in the Northerly line of the Northeast 1/4 of the Northeast
1/4 of the Southeast 1/4 of said Section 36;
3. Thence Westerly along the Northerly line of said Northeast 1/4 of the Northeast 1/4 of the
Southeast 1/4 to the Northwesterly corner thereof;
4. Thence Southerly along the Westerly line of the said Northeast 1/4 of the Northeast 1/4 of
the Southeast 1/4 to a point of intersection with the Northeasterly right-of-way of State
Highway Route No. 2 as shown on Plan XI-SD-2-B & Cbd., Sheet 33, of the Highway
Department of the State of California;
5. Thence South 32 degrees 18 minutes 38 seconds East along the Northeasterly right-of-
way line of said State Highway Route No. 2, 323.0 feet more or less to the point of inter-
section with a line that bears North 57 degrees 41 minutes 22 seconds East from the
Engineer’s Station 508-00 as shown on said plan XI-SD-2-B & Cbd., Sheet 33;
Oct. 29, 2024 Item #9 Page 32 of 46
Page 15
6. Thence South 57 degrees 41 minutes 22 seconds West along the aforementioned line
380 feet to a point of intersection with the southwesterly right-of-way line of said State
Highway Route 2 as shown on said plan XI-SD-2-B & Cbd.;
7. Thence North 32 degrees 18 minutes 38 seconds West along the said right-of-way line to
a point of intersection with a line running parallel with and 829.06 feet Northerly of the
Southerly line of Block 48 as shown on the South Oceanside Map No. 622, filed in the
office of the County Recorder of San Diego County, California, on the 7th day of February, 1890;
8. Thence Westerly along said aforementioned line to the Westerly line of said Block 48 and
also being the boundary line common to the City of Oceanside & the City of Carlsbad;
9. Thence Northerly along said Westerly line of Block 48 to a point of intersection with the
Northwesterly line of Vista Way as shown on Tolle Tract Map No. 1952, filed in the office
of the County Recorder of San Diego County, State of California, on the 3rd day of No-
vember, 1926;
10. Thence Northeasterly along said Northwesterly right-of-way line to the true point of begin-
ning.
Parcel No. 2
1. Beginning at the intersection of the West line of the Atchison, Topeka & S.F. Railway right-
of-way and the North line of Lot 3, Section 1, Township 12 South, Range 5 West, being a
point on the mutual boundary between the cities of Oceanside & Carlsbad; thence South
41 degrees 16 minutes East 190.73 feet along said right-of-way line and said mutual
boundary to the true point of beginning;
2. Thence leaving said right-of-way line and said mutual boundary South 58 degrees 34
minutes 39 seconds West 235. 57 feet;
3. Thence South 32 degrees 22 minutes 43 seconds East 107.05 feet; thence South 10 de-
grees 39 minutes East 219.68 feet;
4. Thence South 39 degrees 33 minutes East 168.12 feet to the beginning of a tangent curve,
concave Southwesterly and having a radius of 1105.92 feet;
5. Thence Southeasterly along the arc of said curve an arc distance of 143.38 feet;
6. Thence South 49 degrees 54 minutes West 171.00 feet to the most Easterly corner of the
land described in the deed to Jeannette S. Joy, recorded March 10, 1949 in Book 3135,
page 257 of Official Records of said San Diego County;
7. Thence along the Southeast line of the land so deeded, South 51 degrees 33 minutes 10
seconds West 144.00 feet, more or less to the mean high tide line of the Pacific Ocean;
8. Thence continuing South 51 degrees 33 minutes 10 seconds West into the Pacific Ocean
to its intersection with the Westerly extension of the Southerly line of said Lot 3, Section
1, Township 12 South, Range 5 West;
9. Thence East along said Westerly extension and along said Southerly line of said Lot 3 to
the Southeast corner thereof;
Oct. 29, 2024 Item #9 Page 33 of 46
Page 16
10. Thence North along the East line of said Lot 3 to its intersection with the Westerly line of
A.T. & S.F.R.R. right-of-way;
11. Thence Northwesterly along said Westerly line to the true point of beginning. (Ord. 7 § 1,
1956; Ord. 4 § 1, 1955)
Oct. 29, 2024 Item #9 Page 34 of 46
Page 17
Chapter 1.16
EMERGENCY PURCHASINGFINANCE
Sections: 1.16.010 Accounting. 1.16.020 Cash management. 1.16.030 Purchasing. 1.16.040 Emergency purchasing. 1.16.0250 Purchasing. Claims for damages.Refunds; Settlement Authority 1.16.060 Refunds. 1.15.070 Delegation of authority to accept donations. Authority. 1.16.020 Emergency determination. 1.16.030 Amount limitation. 1.16.040 Use of available supplies, equipment or personnel. 1.16.050 Presentation of actions to the Board of Directors.
1.16.010 Accounting.
A. Full responsibility for all of the billing, accounting and auditing activities of the District shall be
managed by the city’sCity of Carlsbad Finance Department. These accounting functions shall be
performed in conformance with current city procedures for enterprise funds and generally accepted
accounting principles. (Res. 741, 1991)
1.16.020 Cash management.
Investment of District funds are to beshall be performed by the City of Carlsbad City Treasurer
in accordance with state law and the city’s Iinvestment Ppolicy. District fund investments shall
be accounted for separately. Individuals with aauthority to invest District funds will be bonded
at a level consistent with current city policies; and the premiums of such bonds shall be paid by
the District.
(Res. 741, 1991)
B. Surplus funds.
Investment of District funds are to be performed by the City Treasurer in accordance with state
law and the city’s investment policy. District fund investments shall be accounted for sepa-
rately. Individuals with authority to invest District funds will be bonded at a level consistent
with current city policies; and the premiums of such bonds shall be paid by the District.
1.16.0100230 PurchasingAuthority.
The Purchasing Ordinance of the City of Carlsbad as set forth in Title 3, Chapter 3.28 of the Carlsbad
Municipal Code is adopted by reference and incorporated as part of this cCode, except that whatever
Oct. 29, 2024 Item #9 Page 35 of 46
Page 18
provisions refer to a City of Carlsbad, board, territory, area, agency, official, employee or otherwise
it shall mean the corresponding board, territory, area, agency, official, employeestaff or otherwise
of the District, and if there is none, it shall mean that the city is acting in the same capacity on behalf
of the District.The General Manager of the District is authorized to execute emergency public works contracts and purchasing agreements, as necessary, to restore water service or safeguard the
health and safety of the public, in the event of a breakage or failure of a dam, pump, pipeline, conduit,
or other water facilities, causing an immediate emergency. (Ord. 27 § 1, 1987).
1.16.040 Emergency purchasing.
In addition to the emergency purchasing procedures contained in Carlsbad Municipal Code Chapter
3.28, the GeneralExecutive Manager of the District The General Manager of the District is authorized
to execute emergency public works contracts and purchasing agreements, as necessary, to restore water service or safeguard the health and safety of the public, subject to the following provisions.,
in the event of a breakage or failure of a dam, pump, pipeline, conduit, or other water facilities,
causing an immediate emergency, provided:. (Ord. 27 § 1, 1987)
1.16.020 Emergency determination.
A. The General Executive Manager makes a written determination of the facts constituting such
the emergency to be presented to the Board of Directors at the the first meeting held after the
General Manager has taken such actionnex, t meeting of the Board including facts demonstrat-
ing that prior Board approval was impractical. (Ord. 27 § 1, 1987)
1.16.030 Amount limitationB. .
Any emergency public works contracts authorized hereunder this section shall be less than
$25,000.00. (Ord. 27 § 1, 1987)
1.16.040 Use of available supplies, equipment or personnel.
C. Prior to entering into any purchasing agreement, the General Executive Manager shall require
the use of reasonably available District supplies, equipment, and personnel, as well as the
supplies, equipment and personnel reasonably available under mutual aid agreements. (Ord.
27 § 1, 1987)
D.
1.16.050050 Presentation of actions to the Board of Directors.
Any actions by the General Manager under the authority of this chapter section shall be presented
to the Board of Directors at the first meeting held after the General Manager has taken such action.
(Ord. 27 § 2, 1987)
Oct. 29, 2024 Item #9 Page 36 of 46
Page 19
1.16.050 Claims for damages. Refunds; Settlement Authority
A. No claim for damages against the District shall be allowed or paid unless a claim has first been
filed with the City Clerk of the City of CarlsbadSecretary to the Board of Directors within the
time periods required by subsection B of this section.
B. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be filed not later than six months after the accrual of the cause of action. A
claim relating to any other cause of action shall be filed not later than one year after the accrual
of the cause of action.
C. The transfer of responsibilities to tThe cCity’sCity of Carlsbad’s Risk Management Depart-
mentDivision is responsible for includes but are not limited to loss prevention, and administra-tion of the liability including the handling of claims received by the District and worker’s com-
pensation programs.
The Executive Manager, with the concurrence of the General Counsel, shall have authority to settle claims against the District when the amount to be paid pursuant to the settlement does
not exceed ten thousand dollars ($10,000), or twenty five thousand dollars ($25,000) in the
case of liability claims related to water service.
B. That in the case of liability claims related to water service, the Risk Manager shall have au-
thority to settle the claims or approve emergency expenditures when the amount does not ex-
ceed twenty-five hundred dollars ($2,500) and per the policy in Exhibit 1.
1.16.060 Refunds.C.
A. When not otherwise prohibited by law, the Executive Manager may authorize a refund in an
amount up to twenty-five thousand dollars ($25,000) for monies that were erroneously paid to
or collected by, but not actually due to the District at the time the funds were received, such as
overpayments or duplicate payments.
BD. A written request for refund, signed by the person paying the fee or by the General Manager
shall be filed with the Finance DirectorExecutive Manager or dDesignee setting forth the facts
and reasons which justify the request.A signed written request for a refund shall be filed with
the Finance Director setting forth the facts and reasons which justify the request.
CE. The Executive Manager or designee shall make findings that support the authorization for re-
fund and shall send regular reports of refunds exceeding $10,000.00 to the Board of Directors
regular reports of refunds exceeding $10,000.00.
1.16.070 Delegation of authority to accept donations.
The Executive Manager shall have authority to accept donations received by the District in the form
of cash, financial securities, or real or personal property, in an amount up to $5,000.00. The Exec-
utive Manager shall use the donation in accordance with the donor’s intent, including selling real or
personal property to fund District activities. If there is no such intent, the money shall be added to the District’s contingency account. Each month the Executive Manager shall send to the Board of
Directors a report of all donations that have been accepted.
Commented [PG2]: Shouldn’t this state the Secretary to the Board of Directors instead?
Commented [GH3R2]: yes
Commented [PG4]: Risk Management is a division within the HR Department
Oct. 29, 2024 Item #9 Page 37 of 46
Page 20
Chapter 1.20
ENFORCEMENT
Sections: 1.20.010 Penalty for violation of District provisionsordinances. 1.20.020 Time limits for judicial review. 1.20.030 Environmental protection procedures. 1.20.040 Administrative Code Remedies 1.20.010 Penalty for violation of District provisionsordinances.
Unless otherwise specified in a District ordinance, all violations of a District ordinances shall may
be enforced pursuant to penalties for violation shall be the same as set forth in Carlsbad Municipal
Code Chapters 1.08 and 1.10, including the administrative assessment, and procedures of civil
penalties, administrative hearing procedures, and appeals,. of the Carlsbad Municipal Code which
chapters areis adopted by reference, except that whenever any provisions incorporated refer to the
City Council, bBoard, territory, area, agency, official, employee, or otherwise it shall mean the cor-
responding District bBoard, territory, area, agency, official, employeestaff, or otherwise. (Ord. 38 § 1, 1991)
ADD APPEAL PROCESS
1.20.020 Time limits for judicial review.
Chapter 1.16 of the Carlsbad Municipal Code is adopted by reference except that whenever any
provisions incorporated refer to the City Council, bBoard, territory, area, agency, official, employee,
or otherwise it shall mean the corresponding District bBoard, territory, area, agency, official, em-
ployeestaff, or otherwise. (Ord. 38 § 2, 1991)
1.20.030 Environmental protection procedures.
Environmental protection procedures shall be the same as those set forth in Chapter 19.04 of the Carlsbad Municipal Code which is adopted by reference except that whenever any provisions incor-
porated refer to the City Council, Boardboard, territory, area, agency, official, employee, or otherwise
it shall mean the corresponding District Boardboard, territory, area, agency, official, employeestaff,
or otherwise. (Ord. 38 § 2, 1991)1.20.040
Oct. 29, 2024 Item #9 Page 38 of 46
Exhibit 3
PROPOSED REVISIONS EXPLANATION / AUTHORITY
Chapter 1.04 CODE ADOPTION
ADD Sections 1.04.010 – 1.04.120:
1.04.010 Recodification and adoption.
1.04.020 Title-Citation-Reference.
1.04.030 Reference to amendments.
1.04.040 Codification authority.
1.04.050 Title, chapter and section headings.
1.04.060 References to ordinances.
1.04.070 Effect of code on past actions and
obligations.
1.04.080 Effective Date.
1.04.090 Severability.
1.04.100 Limitation on liability.
1.01.120 Effect of recodification.
The proposed additions mirror similar
provisions in the Carlsbad Municipal Code
and relate to the codification, structure
and legal authority of the Carlsbad
Municipal Water District Code.
Chapter 1.08 – ADMINISTRATION AND PERSONNEL
REPLACE Section 1.08.010 “Meetings” with Section
1.08.010 “Jurisdiction” to read:
1.08.010 Jurisdiction
This code shall refer only to the omission or commission of
acts within the territorial limits of the District and to that
territory outside of the District over which the District has
jurisdiction or control by virtue of the Constitution, or any
law, or by reason of ownership or control of property.
The “Meetings” section is being moved to
Section 1.08.050.
New Section 1.08.010 “Jurisdiction”
specifies the jurisdictional limitations of
the District Code.
ADD Section 1.08.020 to read:
1.08.020 Board of Directors.
The City Council of the City of Carlsbad will sit as the Board
of Directors of the Carlsbad Municipal Water District.
Resolution 614, adopted in 1989,
designated the City Council of the City of
Carlsbad as the Board of Directors of
CMWD. Because this action was originally
done by resolution it was not included
when the CMWD ordinances were codified
but is appropriate to include within the
District Code.
AMEND Section 1.08.030 to read:
1.08.030 Officers designated—Duties. The organizational structure of CMWD has
been revised over the years through the
following ordinances and resolutions:
Oct. 29, 2024 Item #9 Page 39 of 46
- 2 -
PROPOSED REVISIONS EXPLANATION / AUTHORITY
A. The Mayor of the City of Carlsbad shall serve as the
President of the Board of Directors. It shall be the duty
of the President to preside over the meetings of the
Board of Directors, appoint committee members,
appoint organization representatives and perform such
other duties and responsibilities as required or
imposed by law or a majority vote of the Board of
Directors.
B. The Mayor Pro Tem of the City of Carlsbad shall serve
as the Vice President of the Board of Directors and shall
exercise the powers and duties of the President, if the
President is absent or unable to act.
C. The City Manager of the City of Carlsbad shall be the
Executive Manager of the District. The Executive
Manager shall be the administrative head of the
District under the direction and control of the Board of
Directors. The Executive Manager shall be responsible
for the efficient administration of all affairs of the
District and shall report directly to the Board of
Directors.
D. The City Attorney of the City of Carlsbad shall be the
General Counsel for the District.
E. The City Clerk of the City of Carlsbad shall be the
Secretary of the Board of Directors. In addition to the
duties imposed on the Secretary by law, the Secretary
shall perform such duties as may be imposed by the
Board of Directors.
F. The General Manager shall be the administrative
officer responsible directly to the Executive Manager.
The Executive Manager shall delegate to the General
Manager responsibility for day-to-day activities of the
District.
G. Unless otherwise prohibited by state law or a provision
of a resolution or ordinance adopted by the Board of
Directors, all duties and powers granted to or imposed
upon the Executive Manager may be delegated by the
Executive Manager to other officers, department heads
or management employees of the City of Carlsbad.
• Ordinance 1 § 12, adopted in 1954
• Resolution 648, adopted in 1990
• Resolution 743, adopted in 1991
The original codification only included the
revisions from Ordinance 1 § 12, which
predates CMWD becoming a subsidiary
district of the city of Carlsbad.
The proposed revisions to Section 1.08.030
incorporate the changes from Resolutions
648 and 743 to match the current
organizational structure and duties of
CMWD officials and officers.
Language related to conflicts of interest
has been removed from this Section and a
new Section 1.08.040 regarding the
conflicts of interest code is being proposed
(see below).
Language related to CMWD finances and
the role of the City Treasurer have been
moved to Chapter 1.16 Finance.
REPEAL Section 1.08.040 “Holidays” and REPLACE it with
Section 1.08.040 “Conflicts of Interest” to read:
1.08.040 Conflicts of interest.
The section on holidays is no longer
necessary because the Operating
Agreement between city and CMWD
Oct. 29, 2024 Item #9 Page 40 of 46
- 3 -
PROPOSED REVISIONS EXPLANATION / AUTHORITY
The conflict of interest code of the City of Carlsbad shall be
the conflict of interest code for the Board of Directors,
Executive Manager, General Counsel, and Secretary.
Financial disclosure statements filed by the Mayor and City
Council, City Manager, City Attorney and City Clerk for the
City of Carlsbad shall satisfy the filing obligations under the
Political Reform Act for District officials and the conflict of
interest code for the Carlsbad Municipal Water District.
specifies that all CMWD employees
became city employees (Resolution 741).
Further, the City Council establishes the
city calendar each year, including
designated holidays.
New Section 1.08.040 Conflicts of Interest
codifies the provisions of Resolution 648,
paragraph 9, adopted in 1990, regarding
the conflicts of interest code.
REPEAL Section 1.08.050 “Rules and Regulations” and
REPLACE it with Section 1.08.050 “Meetings”
1.08.050 Meetings.
A. Regular and special meetings of the Board of Directors
may be held in conjunction with scheduled meetings of
the City Council of the City of Carlsbad or as needed to
conduct District business. Regular meetings of the
Board of Directors will be at City Hall in the City Council
Chamber, unless a different location has been
designated by the President or action of the Board of
Directors. Regular meetings of the Board of Directors
may be held concurrently with meetings of the City
Council.
B. Special meetings of the Board of Directors may also be
called by the President, a majority of the Board, the
Executive Manager or the General Counsel. Notice of a
special meeting must be given and posted as provided
in Section 54956 of the California Government Code.
The notice must include the date, time and location of
the meeting, and a brief statement of the business to
be transacted or discussed. No other business may be
transacted or discussed at the meeting.
The procedures for meetings of the Board of Directors
shall be the procedures of the City Council, including
the provisions of Chapter 1.20 of the Carlsbad
Municipal Code.
C. The Secretary is responsible for the minutes of all
meetings of the Board of Directors, except closed
sessions. The minutes shall conform with Carlsbad
Municipal Code Section 1.20.080 and will be presented
The proposed language for section
1.08.050 outlines the meeting procedures
for the Board. This section reflects the
current practice of the Board to meeting in
conjunction with scheduled meetings of
the City Council. It also specifies that the
meeting procedures of the City Council
contained in Carlsbad Municipal Code,
Chapter 1.20 shall apply to the Board. By
incorporating the procedures here, any
future amendments to Carlsbad Municipal
Code Chapter 1.20 will apply to meetings
of the Board.
This section also includes procedural
information regarding CMWD Board
meetings as the posting of agendas, taking
of minutes, and manners in which the
Board may take action.
(See above)
Oct. 29, 2024 Item #9 Page 41 of 46
- 4 -
PROPOSED REVISIONS EXPLANATION / AUTHORITY
and approved by the Board of Directors according to
the procedures of Carlsbad Municipal Code Section
1.20.080.
D. The Board of Directors shall act only by ordinance,
resolution or motion. A majority of the Board of
Directors shall constitute a quorum for the transaction
of business. No ordinance, motion or resolution shall be
passed to become effective without the affirmative
vote of a majority of the members of the Board of
Directors. Action not requiring adoption of a resolution
or ordinance, including providing direction or
authorization to a District officer or staff, may be taken
by motion recorded in the minutes of the meeting. On
all ordinances, the roll shall be called and the ayes and
noes recorded in the minutes of the proceedings. The
enacting clause of the ordinance shall be: “BE IT
ORDAINED by the Board of Directors of the Carlsbad
Municipal Water District of the City of Carlsbad,
California, as follows:” Resolutions, motions and orders
may be adopted by a voice vote, but on demand of any
member, the roll shall be called the vote recorded.
E. Records of all proceedings and actions taken by the
Board of Directors shall be kept at the Office of the
Secretary.
ADD Section 1.08.060 “Personnel” to read:
1.08.060 Personnel.
The City of Carlsbad will act as the agent of the District in the
performance of some of the administrative and operational
functions of the District. Any city employee assigned to
perform services for the District will remain an employee of
the city.
Resolution 741 adopted in 1991, approved
the Operating Agreement between the city
and CMWD. The Operating Agreement
specifies that the administrative and
operational functions of CMWD will be
performed by city employees. This section
codifies that portion of the Operating
Agreement.
Chapter 1.12 TERRITORY
REPEAL Chapter 1.12 “Territory” in its entirety The provisions of Chapter 1.12 came from
Ordinance 4 §1 adopted in 1955 and
Ordinance 7 §1 adopted in 1956.
Defining the territorial boundaries of
CMWD in the District Code is not
necessary as the territorial boundaries are
Oct. 29, 2024 Item #9 Page 42 of 46
- 5 -
PROPOSED REVISIONS EXPLANATION / AUTHORITY
set and may only be adjusted by the Local
Agency Formation Commission (LAFCO).
Chapter 1.16 FINANCE
(repeals and replaces Chapter 1.16 EMERGENCY PURCHASING)
This Chapter is being expanded from emergency purchasing only,
to include additional finance provisions.
REPEAL Section 1.16.010 “Authority” and REPLACE with
Section 1.16.010 “Accounting” to read:
1.16.010 Accounting.
Full responsibility for all of the billing, accounting and
auditing activities of the District shall be managed by the
City of Carlsbad Finance Department. These functions shall
be performed in conformance with current city procedures
for enterprise funds and generally accepted accounting
principles.
This section codifies portions of the
Operating Agreement, which was adopted
by the Board with Resolution 741 on June
25, 1991.
REPEAL Section 1.16.202 “Emergency determination” and
REPLACE with 1.16.020 “Cash management” to read:
1.16.020 Cash management
Investment of District funds shall be performed by the City
of Carlsbad City Treasurer in accordance with state law and
the city’s Investment Policy. District fund investments shall
be accounted for separately.
This section codifies portions of the
Operating Agreement adopted by the
Board through Resolution 741 on June 25,
1991, regarding cash management and the
role of the City Treasurer in managing
CMWD investments.
REPEAL Section 1.16.030 “Amount limitation” and
REPLACE with 1.16.030 “Purchasing” to read:
1.16.030 Purchasing
The Purchasing Ordinance of the City of Carlsbad as set forth
in Title 3, Chapter 3.28 of the Carlsbad Municipal Code is
adopted by reference and incorporated as part of this Code,
except that whatever provisions refer to a City of Carlsbad
board, territory, area, agency, official, employee or
otherwise it shall mean the corresponding board, territory,
area, agency, official, staff or otherwise of the District, and
if there is none, it shall mean that the city is acting in the
same capacity on behalf of the District.
This section adopts the city’s Purchasing
Ordinance (Chapter 3.28 of the Carlsbad
Municipal Code). The city currently
manages all purchasing for CMWD.
Adopting this section by refence means
future amendments to the city’s
purchasing ordinance will also apply to
CMWD without needing to amend the
District Code.
This section codifies portions of the
Operating Agreement adopted by the
Board through Resolution 741 on June 25,
1991, assigning purchasing responsibilities
for CMWD to the city.
REPEAL Section 1.16.040 “Use of available supplies,
equipment or personnel” and REPLACE with Section
Oct. 29, 2024 Item #9 Page 43 of 46
- 6 -
PROPOSED REVISIONS EXPLANATION / AUTHORITY
1.16.040 “Emergency purchasing” to read:
1.16.040 Emergency purchasing.
In addition to the emergency purchasing procedures
contained in Carlsbad Municipal Code Chapter 3.28, the
Executive Manager of the District is authorized to execute
emergency public works contracts and purchasing
agreements, as necessary, to restore water service or
safeguard the health and safety of the public, subject to the
following provisions.
A. The Executive Manager makes a written
determination of the facts constituting the emergency to be
presented to the Board of Directors at the first meeting held
after the General Manag-er has taken such action, including
facts demonstrating that prior Board approval was
impractical.
B. Any emergency public works contracts authorized
under this section shall be less than $25,000.00.
C. Prior to entering into any purchasing agreement, the
Executive Manager shall require the use of reasonably
available District supplies, equipment, and personnel, as
well as the supplies, equipment and personnel reasonably
available under mutual aid agreements.
Ordinance 27 adopted by CMWD in 1987
authorized emergency purchasing
procedures. The proposed revisions
incorporate the provisions from Ordinance
27, while also allowing CMWD to follow
the city’s emergency purchasing
procedures contained in Carlsbad
Municipal Code, Chapter 3.28.
REPEAL Section 1.16.050 “Presentation of actions to the
Board of Directors” and REPLACE with Section 1.16.050
“Claims for damages” to read:
1.16.050 Claims for damages.
A. No claim for damages against the District shall be
allowed or paid unless a claim has first been filed with
the Secretary to the Board of Directors within the time
periods required by subsection B of this section.
B. A claim relating to a cause of action for death or for
injury to person or to personal property or growing
crops shall be filed not later than six months after the
accrual of the cause of action. A claim relating to any
other cause of action shall be filed not later than one
year after the accrual of the cause of action.
C. The City of Carlsbad’s Risk Management Division is
responsible for loss prevention including the handling
of claims received by the District.
This proposed section mirrors the claim
procedures contained in the Carlsbad
Municipal Code 3.32.040.
This section codifies portions of the
Operating Agreement adopted by the
Board through Resolution 741 on June 25,
1991, assigning Risk Management
responsibilities for CMWD, to the city.
Oct. 29, 2024 Item #9 Page 44 of 46
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PROPOSED REVISIONS EXPLANATION / AUTHORITY
ADD Section 1.16.060 to read:
1.16.060 Refunds.
A. When not otherwise prohibited by law, the Executive
Manager may authorize a refund in an amount up to
$25,000 for monies that were erroneously paid to or
collected by, but not actually due to the District at the
time the funds were received, such as overpayments or
duplicate payments.
B. A written request for refund, signed by the person
paying the fee or by the General Manager shall be filed
with the Executive Manager or designee setting forth
the facts and reasons which justify the request.
C. The Executive Manager or designee shall make findings
that support the authorization for refund and shall
send regular reports of refunds exceeding $10,000.00
to the Board of Directors.
This proposed section mirrors the refund
procedures contained in Carlsbad
Municipal Code Section 3.32.030.
ADD Section 1.16.070 to read:
1.16.070 Delegation of authority to accept donations.
The Executive Manager shall have authority to accept
donations received by the District in the form of cash,
financial securities, or real or personal property, in an
amount up to $5,000.00. The Executive Manager shall use
the donation in accordance with the donor’s intent,
including selling real or personal property to fund District
activities. If there is no such intent, the money shall be
added to the District’s contingency account. Each month
the Executive Manager shall send to the Board of Directors
a report of all donations that have been accepted.
This proposed section mirrors the
authority to accept donations procedures
contained in Carlsbad Municipal Code
Section 2.08.100.
Oct. 29, 2024 Item #9 Page 45 of 46
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PROPOSED REVISIONS EXPLANATION / AUTHORITY
Chapter 1.20 ENFORCEMENT
AMEND Section 1.20.010 to read:
1.20.010 Penalty for violation of District ordinances.
Unless otherwise specified in a District ordinance, all
violations of a District ordinance may be enforced pursuant
to Carlsbad Municipal Code Chapters 1.08 and 1.10,
including the administrative assessment, procedures of civil
penalties, administrative hearing procedures, and appeals,
which chapters are adopted by reference, except that
whenever any provisions incorporated refer to the City
Council, board, territory, area, agency, official, employee, or
otherwise it shall mean the corresponding District board,
territory, area, agency, official, staff, or otherwise.
The proposed amendments allow CMWD
to utilize the enforcement provisions
provided in Carlsbad Municipal Code
Chapters 1.08 and 1.10, including the
administrative assessment, procedures of
civil penalties, administrative hearing
procedures, and appeals. Because these
chapters are incorporated into the District
Code, the District Code will not need to be
amended if the city makes changes to
Chapter 1.08 and 1.10 in the future.
No revisions are proposed for Section 1.20.020 “Time
limits for judicial review.”
This Section incorporates by refence
Chapter 1.16 of the Carlsbad Municipal
Code
No revisions are proposed for Section 1.20.030
“Environmental protection procedures.” This Section incorporates by reference
Chapter 19.04 of the Carlsbad Municipal
Code.
Oct. 29, 2024 Item #9 Page 46 of 46