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Home My WebLink About1989-04-25; Municipal Water District; Resolution 614I I I RESOLUTION NO. 614 A RESOLUTION OF CARLSBAD MUNICIPAL WATER DISTRICT CONSENTING TO THE ESTABLISHMENT OF CARLSBAD MUNICIPAL WATER DISTRICT AS A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD WHEREAS, the President is recommending to the Bo Directors that the District become a subsidiary district City of Carlsbad; and WHEREAS, the establishment of Carlsbad Municipal District as a subsidiary district of the City of Carlsbal provide for the consolidation of policymaking into one E body; and WHEREAS, the Board of Directors of the Ca: Municipal Water District and the City Council of the C. Carlsbad have agreed in concept to establishing Ca: Municipal Water District as a subsidiary district of the Ci NOW, THEREFORE, BE IT RESOLVED by the Ca: Municipal Water District, as follows: 1. That the above recitations are true and corre 2. That the District Board of Directors 1 consents to the establishment of Carlsbad Municipal District as a subsidiary district of the City of Carlsl January 1, 1990, pursuant to the provisions of the Cortes Local Government Reorganization Act of 1985. 3. That the conditions imposed by the Local Formation Commission regarding the establishment of Cal Municipal Water District as a subsidiary district of the C Carlsbad be substantially in compliance with the provisic the conceptual agreement developed between the two agencil attached hereto as Exhibit A. 4. Pursuant to the Judgment filed June 29, 191 Costal Real MuniciDal Water District v. Citv of Carlsbad No. 20027), this Resolution shall not be effective, and sha be forwarded to the Executive Officer of the Local i Formation Commission until approval of the Superior COI obtained by the parties. 5. Upon final approval of the subsidiary di proposal by the Board of Supervisors on terms substani similar to those provided herein, the alternative prc adopted by the District on December 21, 1988, and pending the Local Agency Formation Commission shall be deemed wit and abandoned. I I d S 6. That the President is hereby authorizt .irected to sign this resolution, and upon approval : uperior Court, to forward said resolution to the Exe Officer of the Local Agency Formation Commission. PASSED, APPROVED AND ADOPTED at a special meet the Carlsbad Municipal Water District held on the 25th April, 1989, by the following vote, to wit: AYES : Directors: Greer , Henley, Maerkle and bloodh NOES : Directors: Bonas ABSENT : Directors: kme ABSTAIN: Directors: None ATTEST: V I I -2- EXHIBIT A TO RESOL I I I .COSTA REAL - CITY OF C-BAD AGREEMENT GOVERNING BODY 1. Costa Red will consent to become a subsidiary district of the City effective no later than January 1, 1! 2. Costa Real's name would revert back to Carisbad 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 wi officers and committees in a manner consistent with current Board policies. 5. Initial Commissioner's terns will expire as follows: Woodward January 1992 Henley January 1992 Bonas January 1992 Maerkle January 1994 Greer January 1994 6. The District Board (council) wiIl then reappoint members for another 4 year term, or appoint new uic 7. Commission appointments will be made by procedures currently used for the Board. The 5 divisions w with 1 appointment made from each division when possible. 8. Commission Mesings will be held the first and third Wednesdays of the month. With provisions to hold : or special meeting as needed. 9. Commissioners will em $100.00 per meeting not to exceed S200.00 per month. 10. The Commissioners will retain all benefits currently received as Board Members, through their initia speicifed in #5 above. Director's Benefits: Health Insurance Health Insurance for Retirees (Spouse) Dentai Insurance Eye Care Insurance (Spouse) Life Insurance (Spouse) 11. The Board (Council) will hold meetings as needed in conformance with regularly schedded Cit meetings. 12. Commissioners will continue to represent the District and attend functions of other organizations. AK will be reimbursed to the commissioners, however, compensation wiII not occur. Organizations: San Die30 County Water Authority (SDCWA)* hoc of CaL Water Agencies (ACWA) ACWA-Joint Powers Insurance Authority SDCWA Water Redamation Advisory Comm. Presidents and Managers Council of Water UtiI. hoc of Water Redamation Agencies California Sped Districts Assoc National Wafer Resources Assoc Water Agenaes hoc of San Diego County 'Appt. Made . L Board of Directors (City Council) Responsibilities I - 1. Adopting Ordinances 2. Adopting Annual Budgets H 3. Adopting Annual Capital Improvement Plans 4. Adopting Annual Financial Statements 5. Approving Any Debt Issuances 6. Setting Annual Tax Rates, Water Rates and Deveioper 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 I 1. Developing Potable Water Master Plans 2. Developing Annual Capital Improvement Plans 3. Developing Annual Fw&g Plans 4. Developing hud Budgets and Expenditure PIans 5. Developing Water Conservation Programs 6. Developing Water Rehation Programs (Master PIan Input Also) 7. Recommending Action on Agenda Items for Board of Directors Consideration OPERATIONS 1. Operational responsiiility of the District will be expanded to indude the present master planning, storag distribution of the City's water redamation system, and other responsibilities delegated by the Board. 2. If proven to be economicai, water billing, meter reading and baaow prevention responsibilities will be trans to the District aIso. 3. The District's planned operations center will proceed with construction and be expanded where neces accommodate these increased responsibilities and other related activities, as directed by the Board. I 2 .. 1 4. Au District finances will remain entirely separate and shd be expended on water refated activities 0 priate City expemes will be charged to the District. 5. The District will continue to provide engineering, administration, pubIic information, operations a services it currently furnishes. 6. The City Manager will ad as the Executive Manager of the District, and wiIl report to the Board o 7. The General Manager wiII operate the day-to-day activities of the District and report to the Executiv 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 Ciq 2 Au benefits and rights for existing empioyees shd be continued at a level not less than currently enjc benefits and rights indude vacation and- sick leave, insuran&, retirement programs, employment COC seniority. 3. No employees shall be laid off unless severe financial ciif€icdties are faced by the District. I I. I 3 I I I STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss I, MARGARET J. BONAS, Secretary of CARLSBAD IWN: WATER DISTRICT and of the Board of Directors thereof, do 1 certify that the foregoing Resolution was duly adopted t Board of Directors of said District at a special meeting c Board held on the 25th day of April, 1989, and that it F adopted by the following vote: AYES : Directors: Greer, Henley, Maerkle and Wool NOES : Directors: Bonas ABSENT: Directors: None ABSTAIN: Directors: None and the Board of Directors th(