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HomeMy WebLinkAbout1989-04-25; City Council; Resolution 89-126I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 89-126 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF CARLSBAD MUNICIPAL WATER DISTRICT AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD WHEREAS, the Mayor of the City of Carl sbad is recommending to the City Council that Carlsbad Municipal Water District become a subsidiary district of the City of Carlsbad; and WHEREAS, the establishment of Carlsbad Municipal Water District 2 a subsidiary district of the City of Carlsbad will provide for the consolidation of policy making into one elected body; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District and the City Council of the City of Carlsbad have agreed in concept to establishing Carlsbad Municipal Water District as a subsidial district of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City oi Carl sbad, as fol 1 ows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad hereby consent: to the establishment of Carlsbad Municipal Water District as a subsidial district of the City of Carlsbad pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985. 3. That the conditions imposed by the Local Agency Formation Commission regarding the establishment of Carlsbad Municipal Water District as a subsidiary district of the City of Carlsbad be substantially in compliance with the provisions of the conceptual agreement developed between the two agencies and attached hereto as Exhibit A. . 1 1 e 0 , 4. That the Mayor is hereby authorized and directed to sign this I 2 3 resolution and forward said resolution to the Executive Officer of the Local Agency Formation Commission. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad 5 6 City Council held on the 25th day of April , 1989, by the following vote, to wit: 7 11 8 I! AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larosn 9 11 NOES : None 10 11 ABSENT: None 12 13 ATTEST: - CLAUDE A. LEWIS, Mayor 14 KAREN R. KUNDTZ, Deputy City Clerk 17 18 19 I 20 21 22 23 24 25 I 26 24 28 II e e EXHIBIT A TO RESOLUT COSTA lREAL - ClTY OF CARLSBAD AGREEMENT 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 wouid revert back to Carisbad Municipal Water District. 3. City Councilmembers will sit as the new district Board (ex-ofticio). 4. The current Board of Directors will assume the position of Water Commissioners. The Commission will a] 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 memb 7. Commission appointments will be made by procedures currently used for the Board. The 5 divisions will rt 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 adjo 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 tel speiczed in #5 above. ,- Director's Benefits: Health Insurance Health Insurance for Retirees (Spouse) Dental Insurance Eye Care Insurance (Spouse) Life Insurance (Spouse) 11. The Board (Council) will hold meetings as needed in conformance with regularly scheduled City CC meetings. 12. Commissioners will continue to represent the District and attend functions of other organizations. All exp will be reimbursed to the commissioners, however, compensation will not occur. Organizations: San Diego County Water Authority (SDCWA)* hoc. of CaI. Water Agencies (ACWA) ACWA-Joint Powers Insurance Authority SDCWA Water Reclamation Advisory Comm. Presidents and Managers Council of Water Util. Assoc. of Water Reclamation Agencies California Special Districts Assoc. National Water Resources Assoc. Water Agencies Assoc of San Diego County 'Appt. Made By Bd 1 a 0 Board of Directors fCity 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 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 an 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 transferre to the District also. 3. The District's planned operations center will proceed with construction and be expanded where necessary tc accommodate these increased responsibilities and other related activities, as directed by the Board. 2 0 0 i i 4. All District finances will remain entirely separate and shall be expended on water related activities only. . priate City expenses will be charged to the District. 5. The District will continue to provide enginee&g, administration, public information, operations and al services it currently furnishes. 6. The City Manager will act as the Executive Manager of the District, and will report to the Board of DL 7. The General Manager wiU operate the day-to-day activities of the District and report to the Executive M 8. The District will retain legal counsel. 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. benefits and rights include vacation and sick leave, insuran&s, retirement programs, employment contrac seniority. 3. No employees shall be laid off unless severe financial difficulties are faced by the District. 3