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HomeMy WebLinkAbout2024-11-12; Municipal Water District; 50; 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 MUNIC...ORDINANCE NO. 50 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Ordinance No. 49 codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously repealed, into a comprehensive code ("Code"); and WHEREAS, on July 16, 2024, the Board of Directors of the CMWD adopted Ordinance No. 49, codifying, restating and amending Ordinances No. 1 to No. 48, except for those ordinances previously repealed, and became effective on Aug. 15, 2024; and WHEREAS, Title 1 of the Code has been reviewed and it has been determined that amendments to the Code are required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 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)(S).) 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 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 maximum penalties, interest, charges, and damages and the strictest compliance dead lines 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 genera l 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. Nov. 12,2024 Chapters: 1.04 1.08 1.16 1.20 Title 1 GENERAL PROVISIONS Code Adoption Administration and Personnel Finance Enforcement Item #6 Attachment A Page 1 Page 8 of 17 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 ord inances 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. Page 3 Nov. 12,2024 Item #6 Page 10 of 17 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 th is 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 ord inance violations committed before the effective date of the ord inance 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. Page 4 Nov. 12,2024 Item #6 Page 11 of 17 Sections: 1.08.010 1.08.020 1.08.030 1.08.040 1.08.050 1.08.060 1.08.010 Jurisdiction. Chapter 1.08 ADMINISTRATION AND PERSONNEL Board of Directors. Officers designated --Duties. Conflicts of interest. Meetings. Personnel. 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 Tern 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 Page 5 Nov. 12, 2024 Item #6 Page 12 of 17 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 . Page 6 Nov. 12, 2024 Item #6 Page 13 of 17 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) Page 7 Nov. 12,2024 Item #6 Page 14 of 17 Sections: 1.16.010 1.16.020 1.16.030 1.16.040 1.16.050 1.16.060 1.15.070 Accounting. Cash management. Purchasing. Emergency purchasing. Claims for damages. Chapter 1.16 FINANCE Refunds. . 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. Page 8 Nov. 12,2024 Item #6 Page 15 of 17 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. Page9 Nov. 12,2024 Item #6 Page 16 of 17 Sections: 1.20.010 1.20.020 1.20.030 1.20.010 Chapter 1.20 ENFORCEMENT Penalty for violation of District ordinances. Time limits for judicial review. Environmental protection procedures. 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) Page 10 Nov. 12,2024 Item #6 Page 17 of 17