HomeMy WebLinkAbout1990-01-02; Municipal Water District; 33; Water Commission creation...I1
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ORDINANCE NO. 33
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT
ESTABLISHING A WATER COMMISSION.
WHEREAS, the Board of Directors of the Carlsbad
Municipal Water District adopted Resolution No. 614 consent
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 Carlsbac
adopted Resolution No. 89126 consenting to such reorganizat
upon the terms and conditions as attached in Exhibit A whic
provide for the creation of a Water Commission, and the
delegation of certain responsibilities to such Commission;
WHEREAS, the establishment of the subsidiary dist
was approved by the Local Agency Formation Commission on JI
1989, subject to those terms and conditions: and
WHEREAS, on July 12, 1989, the Board of Supervisc
the County of San Diego, as the conducting authority, ordel
establishment of the Carlsbad Municipal Water District as i
subsidiary district of the City of Carlsbad on or about Jai
1, 1990,
NOW, THEREFORE, BE IT ORDAINED by the :
of Directors of the Carlsbad Municipal Water District as f(
1. SECTION 1: Creation of Commission. There ii created a Water Commission (llCommissionll) in the Carlsbad Municipal Water District (hereinafter llDistrictll) .
2. SECTION 2: Members and Manner of Appointmen
a. Commissioners. The Commission shall co of five members, appointed by the president of the Board o Directors. Commission Members should be selected to provi
representation for each geographical area of the district.
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b. Initial Membershix, and Terms. Those mem
serving on the Board of Directors immediately prior to the establishment of Carlsbad Municipal Water District as a subsidiary district of the City shall be appointed as commissioners and whose initial terms as commissioners shal expire on the date of the first regular meeting in January
year specified: Woodward, Henley, Bonas - through 1992; Ma Greer - through 1994.
5 c. Appointment - Term. After the initial t the Board may appoint or reappoint commissioners for a term 6
occurs other than by expiration of the term of a commission d. Qualifications - Vacancies. If a vacanc 8
office. 7 upon completion of a four year term, or when a successor ta four years. Terms shall expire at the first meeting in Jan
unexpired portion of the term. shall be filled by appointment by the Board President for t 9
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11 3. SECTION 3: Compensation of Commissioners
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a. Meetinqs. Commissioners shall be paid $ per meeting, not to exceed $200 per month, including attend at all regular, adjourned, and special meetings of the Commission.
compens health,
b. Benefits of the Commissioners. In addit ,ation as provided herein, commissioners may receive insurance and other benefits as may be approved by Board; provided that all benefits currently provided to el€ Board of Directors shall be retained by such members while serving as commissioners during their initial term.
c. Reimbursement. Commissioners shall be reimbursed for all reasonable and necessary expenditures ir in the performance of their duties which have been budgetec authorized by the Board of Directors, however, this provisj
shall not be construed to authorize additional compensatior
any commissioner.
*l !I 4. SECTION 4: Orqanization of Commission.
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22 a. Officers and Rules of Conduct. The Corm
shall elect from among its appointed members a chairperson 23
may establish such other officers and committees as may be vice chairperson to serve for a term of one year. The Corm
24 necessary to carry out its duties. It shall adopt rules fc transaction of business and shall have district staff assic 25 keep a record of its resolutions, transactions, findings ai
26 determinations.
27 Commission shall constitute a quorum for the transaction o
28 business. Except when otherwise required by law, a majori.
b. Quorum and Vote. Three members of the
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of the quorum shall be required for any Commission action. the event of a tie vote, the matter voted upon shall be fon
for action by the Board, without a recommendation of the
Commission. Every commissioner shall vote unless disqualif:
reason of conflict of interest.
c. Meetinss. A regular meeting shall be he:
least once each month. The Commission may adjourn any regu
meeting from time to time to meet at a time and place speci at the regular meeting. The Commission may also hold adjou or special meetings as provided by law.
5. SECTION 5: RelationshiD Between Board and
Commission. It is the intent of this ordinance that the Bc
Directors shall act as the legislative body of the District Commission shall advise the Board in establishing policies District and shall make recommendations on matters enumerat Section 6.
6. SECTION 6: Duties and Powers of the Water Commission, The Water Commission shall be responsible for advising the Board of Directors on the adoption of potable non-potable water master plans (including water reclamatiol planning), annual capital improvement plans, annual financ plans, annual budgets and expenditure plans, and water conservation programs and any other items referred to them Board of Directors.
Unless otherwise designated by the Board of
Directors, a member of the Commission shall represent the District and attend functions of those organizations and associations of which the Carlsbad Municipal Water Distric member, including, but not limited to: Association of Cali Water Agencies, Association of California Water Agencies - Powers Insurance Authority, San Diego County Water Authorj Water Reclamation Advisory Committee, President's and Man: Council of Water Utilities, Association of Water Reclamat: Agencies, National Water Resources Association, Water Age
Association of San Diego County, District shall retain i
membership in the CWA. Representatives shall be appointe president of the Board of Directors.
7. SECTION 7: Conflict of Interest Code. Mem
the Water Commission shall be subject to and file financi
disclosure in accordance with the same conflict of intere as applies to members of the City Council.
8. SECTION 8: Effective Date, The ordinance
take effect immediately.
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PASSED, APPROVED AND ADOPTED by the Board of Din
of the Carlsbad Municipal Water District on the 2nd day (
January , 19,W , by the following vote, to wit:
4 II AYES: Board Members Lewis, Kulchin, Pettine, Mamaax and 1
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NOES: None
ABSENT : None
7 11 APPROVED AS TO FORM AND LEGALITY
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Om Carlsbad Municipal Water Disl
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ATTEST :
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~uwo Y z & 0 16 ALETHA L. RAUTENKRANZ , Secretark ZO$$ qgy
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(0 i..@ Ex. A to 0rd.- 3
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 Carlsbad is recommending to t
City Council that Carlsbad Municipal Water District become a subsidiar.
district of the City of Carlsbad; and
WHEREAS, the establishment of Carlsbad Municipal Water District
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 subsidi
district of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
Carl sbad, as foll ows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad hereby consen
to the establishment of Carlsbad Municipal Water District as a subsidi
~ district of the City of Carlsbad pursuant to the provisions of the
I 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.
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4. That the Mayor is hereby authorized and directed to sign this
resolution and forward said resolution to the Executive Officer of the
Local Agency Formati on Commi ss i on.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Counci 1 held on the 25th day of April , 1989, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larosn
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
? City Clerk
KAREN R. KUNDTZ, Deputy City Clerk
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I. I. 1 @ EXHIBIT A TO RESOLl
COSTA REAL - ClTY OF CARLSBAD AGREEMENT
1 GOVERNENG BODY
1. Costa Real will consent to become a subsidiary district of the City effective no later than January 1, 19
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 wil
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 me]
7. Commission appointments will be made by procedures currently used for the Board. The 5 divisions wi)l
with 1 appointment made from each division when possible.
I 8. Commission Meetings will be held the frrst and third Wednesdays of the month. With provisions to hold ac
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
speicified in #5 above.
Director’s Benefits:
Health Insurance
Health Insurance €or Retirees (Spouse)
DentaI Insurance
Eye Care Insurance (Spouse)
Lie Insurance (Spouse)
11. The Board (Council) will hold meetings as needed in conformance with regularly scheduled City
meetings.
12. Commissioners will continue to represent the District and attend functions of other organizations. AU e
will be reimbursed to the commissioners, however, compensation will not occur.
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Organizations:
San Diego County Water Authority (SDCWA)*
hoc. of Cal. 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 Speaai Districts Assoc.
National Water Resources Assoc.
Water Agencies Assoc of San Diego County ‘Appt. Made By
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I - Board of Directors (City Council) Responsibilities
1. Adopting Ordinances
I 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
I Water Commission ResDonsibilities
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
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1. Operational responsibility of the District wiIl be expanded to include the present master planning, storage a:
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 transfern
to the District also.
3. The District's planned operations center wilI proceed with construction and be expanded where necessary
accommodate these increased responsibilities and other related activities, as directed by the Board.
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4. All District finances will remain entirely separate and shall be expended on water related activities onl
priate City expenses will be charged to the District.
5. The District will continue to provide engineering, administration, public information, operations and
services it currently furnishes.
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6. The City Manager will act as the Executive Manager of the District, and will report to the Board of I
7. The General Manager will operate the day-to-day activities of the District and report to the Executive 1
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 enjoyt
benefits and rights include vacation and sick Ieave, insuran&s, retirement programs, employment conk;
seniority.
3. No employees shaII be laid off unless severe financial difficulties are faced by the District.
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