EXHIBIT 24X-A

 

RESOLUTION  # 2004 - __

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT OPPOSING ENACTMENT

OF SENATE BILL 1529

 

 

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, pending legislation (Senate Bill 1529) proposes to dissolve the Monterey Peninsula Water Management District with no provision for or description of a successor agency; and

 

WHEREAS, the assets, powers, responsibilities and legally required duties of MPWMD must be either subsumed by existing entities or carried out by a new, as yet undefined entity; and

 

WHEREAS, existing entities potentially capable of carrying out MPWMD responsibilities and legally required duties include (a) governmental agencies (such as Monterey County Water Resources Agency) whose governing members for the most part do not represent the citizens of the Monterey Peninsula; or (b) foreign-owned utilities (such as California American Water); and

 

WHEREAS, the proposed dissolution of MPWMD and replacement by successor entities is “retrogressive” when compared to the Voting Rights Act protections of the existing governance 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 dissolution of the Monterey Peninsula Water Management District and replacement by entities that are not accountable to local voters runs contrary to “one person, one vote,” and the most likely representational structures are not equal or fair; and

 

WHEREAS, the District has brought two water supply projects to voters for approval -- a desalination project in 1993, and a new Carmel River dam in 1995; and

 

WHEREAS, local voters turned both projects down after years of environmental work had been completed, and millions of dollars were spent meeting project approval requirements imposed by federal, state, and regional agencies; and  

 

WHEREAS, land use decisions regarding affordable housing are made by the cities and Monterey County, not MPWMD, and affordable housing has not been supported, even when water was available; and

 

WHEREAS, examples of District accomplishments include:

Ř      Injected over 1,000 acre-feet (AF) of excess Carmel River winter flow into Seaside Basin, and provided over 400 AF to Cal-Am system;

Ř      Served as fiscal sponsor for project to irrigate Pebble Beach golf courses with up to 800 AF per year of reclaimed wastewater;

Ř      Prepared engineering, environmental and permitting documents to facilitate construction of Cal-Am’s largest Seaside well;

Ř      Evaluated over 70 water supply alternatives, including engineering feasibility and environmental effects;

Ř      Prevented seawater intrusion within MPWMD due to extensive groundwater monitoring, hydrogeologic assessments, and setting production limits in vulnerable areas;

Ř      Improved and restored Carmel River environment;

Ř      Rescued, reared and released thousands of threatened steelhead fish;

Ř      Saved millions of gallons of water each year through conservation programs;

Ř      Conducted scientific studies to better define available water supply;

Ř      Served as watchdog to protect existing water customers and the environment; and 

 

WHEREAS, Measure B was a November 2002 advisory vote that recommended dissolving MPWMD based on dissatisfaction about District governance at that time; but voters were never advised they would lose their right to vote on water projects; and

 

WHEREAS, in November 2003, people voted for a change in policy by electing a Board majority pledged to rapidly pursuing a water supply solution for the current and future needs of the Monterey Peninsula; and

 

WHEREAS, the newly elected MPWMD Board deserves the opportunity to pursue a viable water supply project both within and outside District boundaries, and explore cooperative partnerships to develop a secure water supply; and

 

WHEREAS, the MPWMD Board believes a concerted, cooperative effort by all local water-related agencies is needed to solve the very real problems facing our community; and

WHEREAS, the pending legislation may confuse, delay and frustrate efforts to expand water supply available to the Monterey Peninsula by interrupting governance continuity, preventing Directors recently elected in November 2003, from seeking re-election; and

 

WHEREAS, the Association of California Water Agencies (ACWA) has opposed enactment of Senate Bill (SB) 1529, and explains that it is opposed to this bill because it "would seriously erode the accessibility and accountability of the district to its voters.”  ACWA also stated, “The democratic process, as flawed as it may be at times, must be allowed to continue.  The district was created to ensure that the residents within its boundaries have an abundant and healthy supply of drinking water and water for commerce, as well as manage groundwater.  The district must represent the residents; otherwise economic self-interest and the potential for competing interests between the cities, as against each other, and the cities and the county could interfere with the achievement of the statutory mandates of the district.  The tension between growth and water supply may be even greater on the Monterey Peninsula than in other parts of the state;” and

 
WHEREAS, the Sierra Club California has opposed enactment of SB 1529; and

 

WHEREAS, the League of Women Voters of the Monterey Peninsula has opposed enactment of SB 1529; and

 
WHEREAS, LandWatch Monterey County has opposed enactment of SB 1529; and
 
WHEREAS, Open Monterey Project has opposed enactment of SB 1529; and
 
WHEREAS, the Planning and Conservation League has opposed enactment of SB 1529 (verbal confirmation, letter in progress); and

 

WHEREAS, SB 1529 should not be enacted as other pending legislation (SB 149) deals with the same topic, and remains on the Assembly Appropriations Committee suspense calendar; and

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District previously adopted its Resolution No. 2003-01 to oppose enactment of a parallel measure (SB 149) to modify governance of the District.

 

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

1.                  OPPOSITION TO SB 1529.  The Board of Directors of the Monterey Peninsula Water Management District opposes SB 1529 and its proposed dissolution of that District. 

 

2.                  OPPOSITION TO OTHER LEGISLATIVE AMENDMENTS.  The Board of Directors of the Monterey Peninsula Water Management District opposes any other legislation which attempts to dissolve or modify the governance of the District, or the public's right to: directly elect its members, directly vote on approving water supply projects, directly vote on the funding of water supply projects, and to retain their rights of referendum and initiative.

 

3.                  OPPOSITION TO CHANGE FROM ELECTED DIRECTORS TO APPOINTED DIRECTORS.  The Board of Directors of the Monterey Peninsula Water Management District opposes any legislation that proposes a change to the governance of this District by changing the form of governance from direct election to appointment. 

 

4.                  AUTHORIZATION TO CHAIR TO OPPOSE SB 1529.  The Board of Directors of the Monterey Peninsula Water Management District authorizes the Chair or his designee, its Legislative Committee, staff, and the District's retained consultant to take appropriate action in opposition to SB 1529, or other legislation, in furtherance of this Resolution.  This action may include, but shall not be limited to attending, making presentations, and providing testimony to any Committee of the Senate or Assembly, or any other individual or organization in relation to SB 1529 or similar legislation.

 

 

PASSED AND ADOPTED by the Board of Directors of the Monterey Peninsula Water Management District, Monterey County, California, at a special meeting duly held on June 21, 2004, by the following vote:

 

 

AYES:                 Directors:

NOES:                 Directors:

ABSENT:            Directors:

 

 

ATTEST:

 

____________________________            ___________________________

Board Chair                                           Board Secretary

 

 

 

U:\staff\word\boardpacket\2004\2004boardpacket\20040621\ActionItems\24X\item24x_exha.doc

Prepared by DCL; revised by HS/FF 6/10/04