Exhibit 2-A

 

RESOLUTION  NO. 2003-__

 

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

OPPOSING ENACTEMENT OF SENATE BILL SB 149

 

 

WHEREAS, the voters of the Monterey Peninsula ratified powers and functions for the Monterey Peninsula Water Management District at the election held in June, 1978, and

 

WHEREAS, the District governance approved by the voters calls for five of the seven members of the board of directors for the Monterey Peninsula Water Management District to be directly selected by the electorate; and

 

WHEREAS, each director so selected by the electorate represents an equi-populous resident voting division for the Monterey Peninsula Water Management District; and

 

WHEREAS, each resident voting division for the Monterey Peninsula Water Management District was created in compliance with the federal Voting Rights Act (42 U.S.C.1973, as amended), and in accord with data from the year 2000 census; and 

 

WHEREAS, each resident voting division for the Monterey Peninsula Water Management District was created in compliance with section 22000 of the California Elections Code to guarantee equal representation of voters; and

 

WHEREAS, the form of governance for the Monterey Peninsula Water Management District is proposed to change from direct election of representatives to appointment; and

 

WHEREAS, the proposed change in governance is “retrogressive” when compared to the previous plan; and

 

WHEREAS, all voters of the Monterey Peninsula Water Management District, including minority voters, would be worse off with respect to the exercise of their franchise than they are under the existing plan; and such retrogressive effect is contrary to the federal voting rights mandates in accord with 28 CFR 51; and

 

WHEREAS, proposed modification of the form of governance for the Monterey Peninsula Water Management District runs contrary to “one person, one vote.”  As the proposed representational structure is not equal or fair; and

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

1.                  OPPOSITION TO SB 149.  The board of directors of the Monterey Peninsula Water Management District opposes SB 149 as it is currently worded.

2.                  OPPOSITION TO CHANGE FROM ELECTED DIRECTORS TO APPOINTED DIRECTORS.  The board of directors of the Monterey Peninsula Water Management District opposes any change to the governance of this district which modifies the form of governance from direct election to appointment. 

 

3.                  AUTHORIZATION TO CHAIR TO OPPOSE SB 149.  The board of directors of the Monterey Peninsula Water Management District authorizes the Chair or his designee to take appropriate action in opposition to SB 149 and in furtherance of this resolution.  This action may include, but shall not be limited to attending and making presentations to any committee of the Senate or Assembly, or any other organization in relation to SB 149.

 

 

On motion by Director________, and seconded by Director ________, the foregoing resolution is duly adopted this _____ day of _____, 2003, by the following votes:

 

AYES:            

NAYS:            

ABSENT:       

 

 

I, Fran Farina, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted on the _____ day of _____, 2003.

 

Witness my hand and seal of the Board of Directors this _____ day of _____, 2003.

 

__________________________________

Fran Farina, Secretary to the Board

 

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