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HomeMy WebLinkAbout1990-01-02; Municipal Water District; 003; Establishment of the Water Commission-. CMWD - AGENDA BILL AB# WB 003 TITLE: MTG. l/2/90 ESTABLISHMENT OF THE WATER COMMISSION RECOMMENDED ACTION: Adopt Ordinance No. 33 establishing a Water Commission. ITEM EXPLANATION: As part of the agreement between the Carlsbad City Council and the Board of Directors of the Carlsbad Municipal Water District to establish the District as a subsidiary to the City, the Council agreed to appoint a Water Commission and that the then existing Board Members would be the initial appointees to that Commission. The attached ordinance will establish the Water Commission. The powers and duties of the Commission are outlined in Section 6 of the ordinance and would provide that the Commission would be responsible for advising the Board of Directors on the adoption of potable and non-potable water master plans, annual capital improvement plans, annual financing plans, budgets, conservation programs, and other items referred to the Commission by the Board. FISCAL IMPACT: Commission Members will be paid $100 per meeting not to exceed $200 per month. In addition, Commission Members may receive such health insurance and other benefits during their initial term as Commissioners. EXHIBITS: 1. Ordinance No. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f - \ L._ 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 consenting to 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 Carlsbad adopted Resolution No. 89126 consenting to such reorganization upon the terms and conditions as attached in Exhibit A which provide for the creation of a Water Commission, and the delegation of certain responsibilities to such Commission; and WHEREAS, the establishment of the subsidiary district was approved by the Local Agency Formation Commission on June 7, 1989, subject to those terms and conditions; and WHEREAS, on July 12, 1989, the Board of Supervisors of the County of San Diego, as the conducting authority, ordered the establishment of the Carlsbad Municipal Water District as a subsidiary district of the City of Carlsbad on or about January 1, 1990, NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District as follows 1. SECTION 1: Creation of Commission. There is created a Water Commission ("Commissiont') in the Carlsbad Municipal Water District (hereinafter VVDistricttV). 2. SECTION 2: Members and Manner of Anoointment. a. Commissioners. The Commission shall consist of five members, appointed by the president of the Board of Directors. Commission Members should be selected to provide representation for each geographical area of the district. b. Initial Membershin and Terms. Those members 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 shall expire on the date of the first regular meeting in January of the year specified: Woodward, Henley, Bonas - through 1992; Maerkle, Greer - through 1994. C. Annointment - Term. After the initial terms, the Board may appoint or reappoint commissioners for a term of four years. Terms shall expire at the first meeting in January upon completion of a four year term, or when a successor takes office. d. Qualifications - Vacancies. If a vacancy occurs other than by expiration of the term of a commission, it shall be filled by appointment by the Board President for the unexpired portion of the term. 3. SECTION 3: Comnensation of Commissioners a. Meetings. Commissioners shall be paid $100 per meeting, not to exceed $200 per month, including attendance at all regular, adjourned, and special meetings of the Commission. b. Benefits of the Commissioners. In addition to compensation as provided herein, commissioners may receive such health, insurance and other benefits as may be approved by the Board; provided that all benefits currently provided to elected 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 incurred in the performance of their duties which have been budgeted and authorized by the Board of Directors, however, this provision shall not be construed to authorize additional compensation for any commissioner. 4. SECTION 4: Oraanization of Commission. a. Officers and Rules of Conduct. The Commission shall elect from among its appointed members a chairperson and vice chairperson to serve for a term of one year. The Commission may establish such other officers and committees as may be necessary to carry out its duties. It shall adopt rules for the transaction of business and shall have district staff assigned to keep a record of its resolutions, transactions, findings and determinations. b. Quorum and Vote. Three members of the Commission shall constitute a quorum for the transaction of business. Except when otherwise required by law, a majority vote 2 . ‘_ . * . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 +>ma *woo uJZd oaun- 205s 16 '5813 NU c-a 17 B 0 18 19 20 21 22 23 24 25 26 27 28 of the quorum shall be required for any Commission action. In the event of a tie vote, the matter voted upon shall be forwarded for action by the Board, without a recommendation of the Commission. Every commissioner shall vote unless disqualified by reason of conflict of interest. C. Meetinas. A regular meeting shall be held at least once each month. The Commission may adjourn any regular meeting from time to time to meet at a time and place specified at the regular meeting. The Commission may also hold adjourned or special meetings as provided by law. 5. SECTION 5: Relationshio Between Board and Commission. It is the intent of this ordinance that the Board of Directors shall act as the legislative body of the District. The Commission shall advise the Board in establishing policies of the District and shall make recommendations on matters enumerated in 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 and non-potable water master plans (including water reclamation planning), annual capital improvement plans, annual financing plans, annual budgets and expenditure plans, and water conservation programs and any other items referred to them by the 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 District is a member, including, but not limited to: Association of California Water Agencies, Association of California Water Agencies - Joint Powers Insurance Authority, San Diego County Water Authority Water Reclamation Advisory Committee, President's and Manager's Council of Water Utilities, Association of Water Reclamation Agencies, National Water Resources Association, Water Agencies Association of San Diego County. District shall retain its membership in the CWA. Representatives shall be appointed by the president of the Board of Directors. 7. SECTION 7: Conflict of Interest Code. Members of the Water Commission shall be subject to and file financial disclosure in accordance with the same conflict of interest code as applies to members of the City Council. 8. SECTION 8: Effective Date. The ordinance shall take effect immediately. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Carlsbad Municipal Water District on the 2nd day of - January , 1990, by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY Carlsbad Municipal Water District ATTEST: cl ALETHA L. RAUTENKRANZ, Secreta+ 4 . , < . . 1 2 ;! 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l---, I ’ Ex. A to Ord. 33 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 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 as 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 subsidiary district of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad hereby consents to the establishment of Carlsbad Municipal Water District as a subsidiary 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. ‘., , ’ i. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 - 21 22 23 24 25 26 27 28 A f 4. That the Mayor is hereby resolution and forward said resolut i ,ocal Agency Formation Commission. PASSED, APPROVED AND ADOPTED authorized and directed to sign this on to the Executive Officer of the at a regular meeting of the Carlsbad :ity Council 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: KAREN R. KUNDTZ, Deputy City Clerk 6 / 1 ,A EXHIBIT A TO RESOLUTION NO.@-11 COSTA REAL, - CITY OF CAIRLSBAD 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 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 will appoint officers and committees in a manner consistent with current Board policies. 5. Initial Commissioner’s terms will expire as follows: Woodward January 1992 Henfey January l!I92 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 members. 7. Commission appoihtments will be made by procedures currently used for the Board. The 5 divisions will remain 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 adjourned or special meetings as needed. 9. Commissioners w-ill earn S100.00 per meeting, not to exceed $200.00 per month. 10. The Commissioners will retain all benefits currently received as Board Members, through their initial term, as speicifred 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 Council meetings. 12. Commissioners will continue to represent the District and attend functions of other organizations. Ah expenses will be reimbursed to the commissioners, however, compensation will not occur. Orpanizations San Diego County Water Authority (SDCWA)* Assoc. of Cat. 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 1 ‘Appt. Made By Ed. Prey. ,. Board of Directors (City 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. Authorking 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 Remonsibilitied 1. Developing Potable Water Master Plans 2. Developing Annual Capital Improvement Plans 3. Deveioping 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 and distribution of the City’s water reclamation system, and other responsiiities delegated by the Board. 2. If proven to be economical, water billing, meter reading and backflow prevention responsrbilities will be transferred to the District also. 3. The District’s planned operations ceder will proceed with cmstruction and be expanded where necessary to accommodate these increased responstbilities and other related activities, as directed by the Board. 2 4. A.lI District finances wilI remain entireIy separate and shalI be expended on water related activities only. Appro- priate City expenses will be charged to the District. 5. The District will continue to provide engineering, administration, public information, operations and ail other services it currently furnishes. 6. The City Manager wiIl act as the Executive Manager of the District, and wiIl report to the Board of Directors. 7. The General Manager will operate the day-to-day activities of the District and report to the Executive Manager. 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. These benefits and rights include vacation and sick leave, insuranc&, retirement programs, employment contracts, and seniority. 3. No employees shall be laid off unless severe financial diffkulties are faced by the District.