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HomeMy WebLinkAbout1997-12-16; Municipal Water District; 400; Vote in Absence of CMWD Representative- fiw P-l 5 c . CARLSbAD MUNICIPAL WATER DISTKICT -AGENDA 131LLdw AB# % TITLE: CMWD CONFIRMATION OF THE CITY OF MTG. 12/l 6197 OCEANSIDE AND/OR THE SAN DIEGUITO WATER DISTRICT TO VOTE IN ABSENCE OF THE C,TY ATTy .@k DEPT. CMWD CMWD’S REPRESENTATIVE TO THE SAN DIEGO cloy MGR. COUNTY WATER AUTHORITY . . p 2 2 P RECOMMENDED ACTION: Staff recommends the adoption of Resolution No. kv~5 confirming duly appointed representatives from the City of Oceanside and the San Dieguito Water District vote as proxy for the Carlsbad Municipal Water District’s representative to the San Diego County Water Authority. ITEM EXPLANATION: This past year member agencies of the San Diego County Water Authority (SDCWA) desired to revise the Board’s voting procedures. The previous voting procedure, when a weighted vote was called, was to allocate the votes according to the assessed valuation of each member agency. After much negotiation and discussion by the Board, the procedure was revised to reflect an allocation based on the financial contribution of each member agency. This revision was structured into a bill, AB692, and passed by the State Legislature. The Governor signed AB692 amending the SDCWA Act. Prior to AB692, if an member agency’s representative was unable to attend a meeting, that vote was not counted. AB692 allows a member agency to designate another agency’s representative to vote for the Carlsbad Municipal Water District. Therefore, it is recommended that: 1. The duly appointed representative from the City of Oceanside and the duly appointed representative from the San Dieguito Water District be confirmed and authorized to vote as proxy for the Carlsbad Municipal Water District’s representative to the San Diego County Water Authority when Carlsbad’s representative is absent from a meeting of the Water Authority. 2. The City of Oceanside representative shall be first proxy and the San Dieguito Water District representative shall be the second proxy. FISCAL IMPACT: There is no fiscal impact resulting from this proposed Board action. 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 RESOLUTION NO. 1005 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT CONFIRMING CITY OF OCEANSIDE AND/OR SAN DIEGUITO WATER DISTRICT TO VOTE IN THE ABSENCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT REPRESENTATIVE TO THE SAN DIEGO COUNTY WATER AUHTORITY WHEREAS, Section 6 (g) of the County Water Authority (Chapter 545 of the Statues of 1943, Chapter 45 Water Code-Appendix) was amended to provide that a member agency’s representative to the San Diego County Water Authority may designate another member of the Board of Directors of the Water Authority to vote in the absence of such representative, provided the designee is confirmed by the governing body of the member agency; and, provided a written notice is filed with the Authority prior to the meeting at which the representative is absent; and WHEREAS, the Carlsbad Municipal Water District desires to designate the duly appointed representative of the City of Oceanside and the duly appointed representative of San Dieguito Water District to cast votes on behalf of Carlsbad Municipal Water District if the duly appointed Carlsbad representative is absent from a meeting. NOW, THEREFORE, the Board of Directors of the Carlsbad Municipal Water District DOES RESOLVE as follows: SECTION 1. That the duly appointed representative of the City of Oceanside and the duly appointed representative of the San Dieguito Water district are each hereby confirmed and authorized to vote as proxy for the . 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 Carlsbad Municipal Water District representative to the San Diego County Water Authority when Carlsbad’s representative is absent from a meeting of the Authority. SECTION 2. The Oceanside representative shall be the first proxy and the San Dieguito representative shall be the second proxy. SECTION 3. If the Carlsbad Municipal Water District representative wishes to cast his or her vote by proxy, a written notice thereof shall be sent to the Authority prior to the meeting at which the director is absent. SECTION 4. That the Board Secretary is directed to file a certified copy of this Resolution with the Board Secretary of the San Diego County Water Authority. SECTION 5. This resolution becomes effective on the effective date of Chapter 368 of the 1997 Statutes of the State of California. PASSED AND ADOPTED by the Carlsbad Municipal Water District this 16th day of December, 1997, by the following vote: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NAYES: None ABSENT: None ABSTAIN: None ATTEST: Alet January 26,1998 San Diego County Water Authority Attn.: Board Secretary 3211 Fifth Avenue San Diego, CA 92103 Enclosed is a certified copy of Carlsbad Municipal Water District (CMWD) Resolution No. 1005, adopted on December 16, 1997. Per instructions from CMWD please place this document on file with your agency. If you have any questions concerning this document please call the Carlsbad City Clerk’s Ofice at (760) 434-2808. KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @ STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ss. I, Aletha L. Rautenkranz, Secretary to the Board of Directors of the Carlsbad Municipal Water District, hereby certify that I have compared the foregoing copy of Resolution No. 1005 with the original, which original is now on file in the City Clerk’s Office of the City of Carlsbad; that the same contains a full, true and correct copy therefrom and of the whole thereof. Witness my hand and the seal of said Carlsbad Municipal Water District this 26 th day of Januarv. 1998 , \ ALETHA L. RAUTENKRANZ, Secretary (SEAL)