RESOLUTION NO. 1743
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CAR LSBAD, CALIFORNIA, TO
REPEAL THE ADMINISTRATIVE CODE FOR THE CARLSBAD MUNICIPAL
WATER DISTRICT
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, or CMWD Board, of the City of Carlsbad, California, has determined that it is necessary, desirable and in the public interest to repeal the Administrative Code for the Carlsbad Municipal Water District; and WHEREAS, Carlsbad Municipal Water District, hereinafter referred to as CMWD, is organized under the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the California Water Code; and
WHEREAS, pursuant to Water Code Section 71278, the board of a municipal water district must act by ordinance, motion, or resolution; and
WHEREAS, on Dec. 12, 1983, the Costa Real Municipal Water District, the predecessor in interest to the CMWD, adopted Resolution No. 444, establishing an Administrative Code for the Costa Real Municipal Water District, or Administrative Code; and WHEREAS, the Administrative Code provides that any changes or additions be approved by the Board of Directors of the CMWD at a duly constituted meeting, through the adoption of a resolution by majority vote, and effective upon adoption; and
WHEREAS, in 1985 and 1987, the Board of Directors of the Costa Real Municipal Water District amended the Administrative Code with the adoption of Resolution No. 465, 473, 530, and 531, to make various changes to district staffing and Board committee policies and procedures; and WHEREAS, on April 25, 1989, the Board of Directors of the Costa Real Municipal Water District approved Resolution No. 1, consenting to the establishment of the Costa Real Municipal Water District as a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego Local Agency Formation Commission, to integrate the planning and management of water resources within the City of Carlsbad and revert the name back to the Carlsbad Municipal Water District; and WHEREAS, on Jan. 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad; and WHEREAS, on June 25, 1991, the Board of Directors of the CMWD adopted Resolution No. 741, approving an Operating Agreement between the CMWD and the City of Carlsbad, or Operating Agreement, calling for the City of Carlsbad to provide the administrative services necessary to carry out
the administrative functions of the CMWD, including accounting, cash management, human resources, risk management, purchasing, inspection and contract management, and all employees of the CMWD became city employees; and
WHEREAS, on Oct. 15, 1991, the Board of Directors of the CMWD repealed Title 9 of the Administrative Code entitled "Conflict of Interest" and in its place substituted the Conflict of Interest Code of the Carlsbad Municipal Water District and the Appendix to that Code setting forth the designated positions and disclosure categories consistent with the requirements of the California Political Reform Act; and
WHEREAS, the Conflict of Interest Code for the CMWD has subsequently been amended and approved by the CMWD Board of Directors, most recently on Sept. 27, 2022, by Resolution No. 1683 for the City of Carlsbad, City Council as Successor Agency to the Redevelopment Agency, Community Development Commission, Carlsbad Municipal Water District, and Public Financing Authority reflecting the changed circumstances in positions and disclosure categories since the last amendment was approved; and
WHEREAS, the Board of Directors of the CMWD now desire to repeal the Administrative Code, as initially adopted in 1983, and subsequently amended, in its entirety because the administrative functions described in the Administrative Code are now governed by the City of Carlsbad's policies and procedures, consistent with the Operating Agreement, and the Administrative Code is obsolete; and WHEREAS, the City Planner has determined that the resolution to repeal the administrative code is exempt from the California Environmental Quality Act, or CEQA, pursuant to the common sense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; the City Planner issued a CEQA Determination of Exemption notice. The notice was issued for public review on May 23, 2024, with the appeal period ending on June 1, 2024. No appeals of the determination were filed.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad Municipal Water District Administrative Code is hereby repealed in its entirety.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District on the 25th day of June, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, President
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~HERRY FREISINGER, Secretary
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