HomeMy WebLinkAbout2024-06-25; Municipal Water District; Resolution 1743RESOLUTION NO. 1743
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CAR LSBAD, CALIFORNIA, TO
REPEAL THE ADMINISTRATIVE CODE FOR THE CARLSBAD MUNICIPAL
WATER DISTRICT
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, or CMWD Board, of
the City of Carlsbad, California, has determined that it is necessary, desirable and in the public interest
to repeal the Administrative Code for the Carlsbad Municipal Water District; and
WHEREAS, Carlsbad Municipal Water District, hereinafter referred to as 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 Water Code Section 71278, the board of a municipal water district must
act by ordinance, motion, or resolution; and
WHEREAS, on Dec. 12, 1983, the Costa Real Municipal Water District, the predecessor in
interest to the CMWD, adopted Resolution No. 444, establishing an Administrative Code for the Costa
Real Municipal Water District, or Administrative Code; and
WHEREAS, the Administrative Code provides that any changes or additions be approved by the
Board of Directors of the CMWD at a duly constituted meeting, through the adoption of a resolution
by majority vote, and effective upon adoption; and
WHEREAS, in 1985 and 1987, the Board of Directors of the Costa Real Municipal Water District
amended the Administrative Code with the adoption of Resolution No. 465, 473, 530, and 531, to make
various changes to district staffing and Board committee policies and procedures; 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 the Costa Real Municipal Water District
as a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego
Local Agency Formation Commission, to integrate the planning and management of water resources
within the City of Carlsbad and revert the 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, on June 25, 1991, the Board of Directors of the CMWD adopted Resolution No. 741,
approving an Operating Agreement between the CMWD and the City of Carlsbad, or Operating
Agreement, calling for the City of Carlsbad to provide the administrative services necessary to carry out
the administrative functions of the CMWD, including accounting, cash management, human resources,
risk management, purchasing, inspection and contract management, and all employees of the CMWD
became city employees; and
WHEREAS, on Oct. 15, 1991, the Board of Directors of the CMWD repealed Title 9 of the
Administrative Code entitled "Conflict of Interest" and in its place substituted the Conflict of Interest
Code of the Carlsbad Municipal Water District and the Appendix to that Code setting forth the
designated positions and disclosure categories consistent with the requirements of the California
Political Reform Act; and
WHEREAS, the Conflict of Interest Code for the CMWD has subsequently been amended and
approved by the CMWD Board of Directors, most recently on Sept. 27, 2022, by Resolution No. 1683
for the City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency, Community
Development Commission, Carlsbad Municipal Water District, and Public Financing Authority reflecting
the changed circumstances in positions and disclosure categories since the last amendment was
approved; and
WHEREAS, the Board of Directors of the CMWD now desire to repeal the Administrative Code,
as initially adopted in 1983, and subsequently amended, in its entirety because the administrative
functions described in the Administrative Code are now governed by the City of Carlsbad's policies and
procedures, consistent with the Operating Agreement, and the Administrative Code is obsolete; and
WHEREAS, the City Planner has determined that the resolution to repeal the administrative
code is exempt from the California Environmental Quality Act, or CEQA, pursuant to the common sense
exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a
significant effect on the environment; the City Planner issued a CEQA Determination of Exemption
notice. The notice was issued for public review on May 23, 2024, with the appeal period ending on June
1, 2024. No appeals of the determination were filed.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad Municipal Water District Administrative Code is hereby repealed in its
entirety.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District on the 25th day of June, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, President
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~HERRY FREISINGER, Secretary
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