HomeMy WebLinkAbout1991-08-06; Municipal Water District; 123; Incorporating Certain Provisions of Titles 1 & 19CMWD - AGENDA 8lLL
CT ORDINANCES AND
LECOMMENDED ACTION:
If it meets with the Board's approval, adopt Ordinance No. 38 incorporating certain provisions of the Carlsbad Municipal Code regulating time limit for judicial review of District decisions, establishing penalty provisions for violation of its ordinances and adopting environmental protection procedures.
ITEM EXPLANATION
As a follow-up to the adoption of documents consolidating water operations approved by the Board of Directors at its meeting of June 25, 1991, certain provisions of the Carlsbad Municipal Code need to be adopted to further implement and refine District procedures. These ordinances would accomplish the following purposes:
First, a time limit for review of District decisions would be established. Presently there are no time limits specified in any District ordinances.
Second, penalty provisions for violation of District ordinances would be established at the same level of violation of City ordinances. Presently the District has no 'general provision for violation of its ordinances and the penalty must be specified in each individual ordinance.
Third, processing of documents for projects subject to the California Environmental Quality Act will be processed in accordance with the procedures used by the City and those promulgated by the Secretary for Resources under the Act. Procedures in the District's administrative code on the same subject were repealed by the adoption of Resolution No. 741 on June
25, 1991.
FISCAL IMPACT
There will be no significant fiscal impact as a result of these changes.
EXHIBIT
Ordinance No. 38
ORDINANCE NO. 38 1
2 AN ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT INCORPORATING CERTAIN PROVISIONS OF
3 TITLES 1 AND 19 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING TIME LIMITS FOR JUDICIAL REVIEW,
4 PENALTY PROVISIONS FOR VIOLATION OF DISTRICT ORDINANCES AND ENVIRONMENTAL PROTECTION
5 PROCEDURES.
6 WHEREAS, the Carlsbad Municipal Water District was
7 established as a subsidiary district of the City of Carlsbad on or
8 about January 1, 1990; and
9 WHEREAS, the Board of Directors approved an operating
10 agreement with the City of Carlsbad and revised the City's j
11 administrative code to reflect this new organizational relationship
12 on June 25, 1991; and
WHEREAS, the Board of Directors desires to further /
establish procedures regulating the functioning of the District,
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors
of the Carlsbad Municipal Water District as follows:
SECTION I: Penaltv for Violation of District Ordinances.
t u 18 I/ Unless otherwise specified in a District ordinance, penalties for /
19 violation shall be the same as set forth in Chapter 1.08 of the 1
20 Carlsbad Municipal Code which is adopted by reference except that
21 whenever any provisions incorporated refer to the City, board,
22 territory, area, agency, official, employee, or otherwise it shall
23 mean the corresponding District board, territory, area, agency,
24 official, employee, or otherwise.
25 SECTION II: Time Limits for Judicial Review. Chapter
1.16 of the Carlsbad Municipal Code is adopted by reference except ) 26
27 that whenever any provisions incorporated refer to the City, board, / , I
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territory, area, agency, official, employee, or otherwise it shall
mean the corresponding District board, territory, area, agency,
official, employee, or otherwise.
! SECTION III: 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
incorporated refer to the City, board, territory, area, agency,
official, employee, or otherwise it shall mean the corresponding
District board, territory, area, agency, official, employee, or
otherwise.
SECTION IV: Effective Date. This ordinance shall take
effect immediately.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Carlsbad Municipal Water District on the 6th day of August
-I 1991, by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Board Member Nygaard
ATTEST: