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HomeMy WebLinkAbout1989-12-12; City Council; 10411; Establishment of Carlsbad Municipal Water DistrictClr-;OF CARLSBAD - AGEND+WLL /IO 3 0 m/11 1 TITLE: MTG.i2/12/89 DEPT.CM I ESTABLISHMENT OF CMWD AS A SUBSIDIARY DISTRICT RECOMMENDED ACTION: Adopt Resolution No. Directors of the Carl ITEM EXPLANATION The final procedural step for the City Council to take establishing the Carlsbad Municipal Water District as a subsidiary district of the City is the adoption of a resolution of the City Council accepting responsibility as the Board of Directors of the District. The attached resolution provides that the City Council will become the Board of Directors of the District as of January 1, 1990. This is the final action necessary to establish the District as a subsidiary of the City. As the newly established Board of Directors of the Water District, the City Council will hold a Board meeting as part of its regular City Council meeting in January. Procedurally, Water Board meetings will be handled the same way as Housing and Redevelopment Commission meetings. The Council will adjourn the Council meeting, convene the Water Board meeting, conduct Water District business, adjourn the Water Board meeting and reconvene the Council meeting. The agenda material for the Water Board meetings will be supplied on a distinctively colored paper and will be incorporated in the agenda packet as is the current practice for the Housing and Redevelopment Commission agenda. At the first January 1990 Water Board meeting, the City Council sitting as the new Water Board, will be asked to adopt a resolution making appointment of certain officers. This resolution will designate the City Manager as the Executive Manager of the District; the City Attorney will be designated as Legal Counsel of the District; the City Clerk will be designated as Secretary of the Board; and all other functions and responsibilities of the District staff will continue unchanged. The second item of business at the January meeting will be the adoption of an ordinance establishing a Water Commission. Existing Board Members will become Water Commissioners and the ordinance will become effective upon adoption. FISCAL IMPACT: There will be no direct fiscal impact by this action. Any time City employees spend on District business or any services provided to the District will be reimbursed by the District. EXHIBITS: 1. Resolution No. 1 2 3 4 5 6 7 a 9 10 ,>ma ZYf?O ~aati 16 203s '$82 c 2q 17 D 0 - la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING ITS RESPONSIBILITY AS THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT. WHEREAS, the Board of Directors of the Carlsbad Municipal Water District adopted Resolution No. 614 consenting to the establishment of Carlsbad Municipal Water District as a subsidiary district of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad adopted Resolution No. 89126 consenting to such reorganization; and WHEREAS, the establishment of the subsidiary district was approved by the local Agency Formation Commission on June 7, 1989, subject to certain terms and conditions; and WHEREAS, on July 17, 1989, the Board of Supervisors of the County of San Diego, as the conducting authority, ordered the establishment of the Carlsbad Municipal Water District as a subsidiary district of the City of Carlsbad on or about January 1, 1990; and WHEREAS, the City Council has determined to act as the Board of Directors for the Carlsbad Municipal Water District under the terms and conditions of the LAFCO approval of June 7, 1989, and the Board of Supervisors order of July 17, 1989 as attached in Exhibit A, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Pursuant to the authority cited above, the Carlsbad City Council hereby accepts its responsibilities as the Board of 1 2 3 4 5 6 7 a 9 10 11 12 la 19 20 21 22 23 24 25 26 27 28 - Directors of the Carlsbad Municipal Water District effective January 1, 1990. 3. The City Clerk, City Manager and City Attorney are authorized to serve the District as Secretary, Executive Manager and Counsel respectively. 4. Until otherwise designated by the Board of Directors the City Treasurer and auditor are authorized to serve the District in their respective capacities. 5. The duties for all officials and employees under this resolution shall be the same as their duties to the City and as necessary to comply with the Water Code and they shall serve the District for no additional compensation. 6. This resolution shall be effective January 1, 1990. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of December 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine. NOES: None. ABSENT: None. I ATTEST: ALBTBA L. RAUTENKRANZ, City Clerk (SEAL) 2 A I , No. 21 MONDAY, JULY 17, 1989 RESOLUTION OF THE BOARD OF SUPERVISORS ORDERING THE ,. ESTABLISHMENT OF THE CARLSBAD MUNICIPAL WATER DISTRICT . ' (FORMERLY KNOWN AS THE COSTA REAL MUNICIPAL WATER DISTRICT) AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD On motion of Supervisor MacDonald , seconded by Supervisor Bilbray the following resolution is adopted: WHEREAS, pursuant to Division 3, Cortese/Knox Local Government Reorganization Act of 1985, commencing with Section 56000., and in particular Section 56800 of the Government Code, application was made by petition; and WHEREAS, on June 7, 1989 at Minute Item #lo, the Local Agency Formation Commission of the County of San Diego adopted its resolution making determinations and approving the change of organization of the Carlsbad Municipal Water District from an independent district to a subsidiary district of the City of Carlsbad, and authorizing the Board of Supervisors to initiate and conduct proceedings for the proposed change of organization in compliance with Resolution No. SD88-1 and pursuant to Government Code Section 57025 et. seq.; and WHEREAS, the Clerk of the Board of Supervisors on June 30, 1989, gave notice of the hearing on the matter, said hearing to be held on July 17, 1989; and IT IS FOUND AND DETERMINED as follows: 1. The proposal for change of organization was made by petition to the Local Agency Formation Commission pursuant to Section 56800 of the Government Code. 2. The territory involved in the proposed change of organization consists of approximately 32 square miles and is inhabited. 3. The Local Agency Formation Commission on June 7, 1989, approved the change of organization consisting of the establishment of the municipal water district as a subsidiary district of the City of Carlsbad, which change of organization does not change the exterior boundaries of the territory subject to the change of organization as approved by the Commission. The territory proposed for change of organization is described inthe resolutions of application on file with the Commission. JllL ~'(1989 04 - -2- 4. The reasons for the proposed change of organization as set forth in the petition are to: Achieve cost savings by combining administrative and storage facilities; integrate the planning and management of water resources with the growth management program of the City of Carlsbad; consolidate policy-making, management and engineering functions; provide a higher level of accountability. 5. Pursuant to Government Code Section 57050(a), the hearing on the proposed change of organization was held on the date and at the time specified in the notice given by the Clerk of the Board. At the hearing, prior to consideration of protests, the resolution of the Local Agency Formation Commission, making determinations, was read aloud or summarized and at such hearing the Board of Supervisors heard and received any oral or written protest, objections or evidence which was made, presented or filed, as required by Government Code section 57050(b). 6. The regular county assessment roll shall be utilized. 7. The affected territory will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed. IT IS RESOLVED, FOUND, ORDERED AND DETERMINED as follows: 1. Written protests filed and not withdrawn do not represent a majority protest in accordance with Government Code Section 57075, and the Carlsbad City Council and Carlsbad Municipal Water District have both filed resolutions with the Local Agency Formation Commission consenting to the proposal. 2. Pursuant to Government Code Section 57085(b), the Board of Supervisors determines that at least 70 percent of the land area of the Carlsbad Municipal Water District is included within the boundaries of the City of Carlsbad and that at least 70 percent of the registered voters reside within the city. 3. The Board finds, pursuant to Section 15320 of the California Environmental Quality Act Guidelines, that the proposed change of organization is categorically exempt and not subject to the environmental impact evaluation process because the proposal consists only of the change in organization of governmental agencies and does not change the area in which the previously existing powers are exercised. JUL 1 I 1989 Cl 5 -3- - 4. A change of organization consisting of the establishment of the Carlsbad Municipal Water District as a subsidiary district of the City of Carlsbad is hereby ordered without an election subject to the terms and conditions set forth in the resolution of the Local Agency Formation Commission, the Board of Directors of the District and the City Council of the City having by resolution consented to the establishment of the subsidiary district. 5. The Clerk of the Board of Supervisors shall immediately transmit a copy of this resolution to the Executive Director of the Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 17th day of July, 1989, by the following vote: AYES: Supervisors Bilbray, Williams, and MacDonald NOES: Supervisors None ABSENT: Supervisors Bailey and Golding WOLFE;RESOL/COST;sv STATE OF CALIFORNIA ) County of San Diego ) "* I, KATHRYN A. NELSON, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote herein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors, this 25th day of July, 1989. (SEAL) KATHRYN A. NELSON Cl rk of the Board of Supervisors By??!??-%:~~@= . en0 ewty w Minute Item: 10 Ref. No.: SD88-1 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO MAKING DETERMINATIONS AND APPROVING THE "ESTABLISHMENT OF THE COSTA REAL MUNICIPAL WATER DISTRICT* AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD" On motion of Commissioner MacDonald, seconded by Commissioner Gotch, the following resolution is adopted: WHEREAS, a petition was submitted to this Commission for establishment of a subsidiary district, which petition was certified sufficient by the Executive Officer on November 18, 1988; and WHEREAS, the territory proposed for establishment as a subsidiary district is as described in the application on file with the Local Agency Formation Commission; and WHEREAS, the Executive Officer of the Commission has filed her report on said establishment of a subsidiary district, which report was received and considered by the Commission; and WHEREAS, pursuant to Government Code Section 56828, the Executive Officer of this Commission set a public hearing on the proposed establishment of a subsidiary district for June 7, 1989, and gave notice of the date, time, and place of said hearing in accordance with Government Code Sections 56834 and 56835; NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1) The hearing was held on the date set therefore, and due notice of said hearing was given in the manner required by law. (2) At that hearing the Commission called for, heard, and considered all interested parties and read and considered the report of the Executive Officer. (3) The Commission finds, pursuant to Section 15320 of the State CEQA Guidelines, that this establishment of a subsidiary district is not subject to the environmental impact evaluation process because the proposal consists of a change in organization of government agencies which does not change the area in which previously existing powers are exercised. (4) The Commission hereby approves the establishment of the Costa Real Municipal Water District as a subsidiary district of the City of Carlsbad, subject to the terms and conditions as shown in Exhibit A. (5) The district is a registered-voter district. (6) The territory includes 32+_ square miles and is inhabited. (7) The territory proposed for establishment as a subsidiary district is hereby designated the "Establishment of the Costa Real Municipal Water District as a Subsidiary District of the City of Carlsbad." (8) The Commission hereby designates the County of San Diego as the conducting authority and authorizes the Board of Supervisors to conduct proceedings in compliance with this resolution. (9) The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. * The Costa Real Municipal Water District changed its name to Carlsbad Municipal Water District in April 1989. - 2 - Passed and adopted by the Local Agency Formation Commission of the County of San Diego this 7th day of June , 19 89 , by the following vote: AYES: Commissioners Bilbray, MacDonald, Loscher, Nagel, Hersom, Sasso, and Gotch NOES: None ABSENT: Commissioners Wolfsheimer and Hostler ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) qc I, JANE P. MERRILL, Executive Officer of the Local Agency Formation Com- mission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on June 7, 1989 _ _ , which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this 9th day of June 19 89 jfE P. MERRILL scutive Officer San Diego County Local Agency Formation Commission w TERMS AND CONDITIONS "ESTABLISHMENT OF THE COSTA REAL M.W.D. AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD" GOVERNING BODY 1. Costa Real will consent to become a subsidiary district of the City effective no later than January 1, 1990. 2. Costa Real's name would revert back to Carlsbad Municipal Water District. 3. City Councilmembers will sit as the new district Board (ex-officio). 4. The current Board of Directors will assume the position of Water Commissioners. The Commission will appoint officers and committees in a manner consistent with current Board policies. 5. Initial Commissioner's terms will expire as follows: Woodward January 1992 Henley January 1992 Bonas January 1992 Maerkle January 1994 Greer January 1994 6. The District Board (council) will then reappoint members for another 4 year term, or appoint new members. 7. Commission appointments will be made by procedures currently used for the Board. The 5 divisions will remain with 1 appointment made from each division when possible. 8. Commission meetings will be held the first and third Wednesdays of the month. With provisions to hold adjourned or special meetings as needed. 9. Commissioners will earn $100.00 per meeting, not to exceed $200.00 per month. 10. The Commissioners will retain all benefits currently received as Board Members, through their initial term, as specified in #5 above. Director's Benefits: Health Insurance Health Insurance for Retirees (Spouse) Dental Insurance Eye Care Insurance (Spouse) Life Insurance (Spouse) Attachment A Page 1 of 4 11. The Board (Council) will hold meetings as needed in conformance with regularly scheduled City Council meetings. 12. Commissioners will continue to represent the District and attend functions of other organizations. All expenses will be reimbursed to the commissioners, however, compensation will not occur. Organizations: San Diego County Water Authority (SDCWA) * Association of California Water Agencies (ACWA) ACWA-Joint Powers Insurance Authority SDCWA Water Reclamation Advisory Committee Presidents and Managers Council of Water Utilities Association of Water Reclamation Agencies California Special Districts Association National Water Resources Association Water Agencies Association of San Diego County *Appt. Made by Bd. Pres. BOARD OF DIRECTORS (CITY COUNCIL) RESPONSIBILITIES 1. Adopting Ordinances 2. Adopting Annual Budgets 3. Adopting Annual Capital Improvement Plans 4. Adopting Annual Financial Statements 5. Approving Any Debt Issuances 6. Setting Annual Tax Rates, Water Rates and Developer Charges 7. Making Commission Appointments 8. Authorizing Non-Budgeted Expenditures 9. Authorizing Expenditures Exceeding Budgeted Amounts 10. Approving of Any Acquisition, Disposition or Lease of District Property 11. Approving Employment Contracts and Setting Salary and Benefit Packages Attachment A Page 2 of 4 WATER COMMISSION RESPONSIBILITIES 1. Developing Potable Water Master Plans 2. Developing Annual Capital Improvement Plans 3. Developing Annual Financing Plans 4. Developing Annual Budgets and Expenditure Plans 5. Developing Water Conservation Programs 6. Developing Water Reclamation Programs (Master Plan Input Also) 7. Recommending Action on Agenda Items for Board of Directors Consideration OPERATIONS 1. Operational responsibility of the District will be expanded to include the present master planning, storage and distribution of the City's water reclamation system, and other responsibilities delegated by the Board. 2. If proven to be economical, water billing, meter reading and backflow prevention responsibilities will be transferred to the District also. 3. The District's planned operations center will proceed with construction and be expanded where necessary to accommodate these increased responsibilities and other related activities, as directed by the Board. 4. All District finances will remain entirely separate and shall be expended on water related activities only. Appropriate City expenses will be charged to the District. 5. The District will continue to provide engineering, administration, public information, operations and all other services it currently furnishes. 6. The City Manager will act as the Executive Manager of the District, and will report to the Board of Directors. 7. The General Manager will operate the day-to-day activities of the District and report to the Executive Manager. 8. The District will retain legal counsel. Attachment A Page 3 of 4 EMPLOYEES 1. This agreement shall not adversely affect or impair the status of any employee of the District or City. 2. All benefits and rights for existing employees shall be continued at a level not less than currently enjoyed. These benefits and rights include vacation and sick leave, insurances, retirement programs, employment contracts, and seniority. 3. No employees shall be laid off unless severe financial difficulties are faced by the District. -71989 Attachment A Page 4 of 4