EXHIBIT 13-A

ITEM:	PUBLIC HEARINGS
19.	CONSIDER SECOND READING OF ORDINANCE NO. 116 – AMENDING RULE 120 TO MODIFY TERMS OF OFFICE FOR THE CARMEL RIVER ADVISORY COMMITTEE
Meeting Date:		June 21, 2004	Budgeted: N/A
Staff Contact:		David Laredo	Program/Line Item No.: N/A
			Cost Estimate: N/A
General Counsel Approval: Yes
Committee Recommendation: The Rules and Regulations Review Committee reviewed this item on April 13, 2004 and voted 2 to 1 to recommend approval.
CEQA Compliance: N/A

SUMMARY: The Carmel River Advisory Committee (Committee) is a standing committee of the District, established in 1983 to advise the Board of Directors with regard to management of the Carmel River and its riparian corridor and to other matters referred to the Committee by the Board.

Ordinance No. 116 (Exhibit 19-A) would amend District Rule 120 to modify the term of office for Committee members. The former Rule 120 provided for appointed members to serve fixed terms, even after the term of the appointing MPWMD Board Member has expired. This ordinance calls for the appointed term to end with the term of the appointing MPWMD Board Member. This ordinance also deletes obsolete language needed to stagger terms of office for the original Committee appointments. Consideration of this ordinance was requested by the Board Chair and Vice Chair.

The Rules and Regulations Review Committee reviewed this item on April 13, 2004 and voted 2 to 1 to recommend approval. The Board conducted a Public Hearing on the first reading of Ordinance No. 116 on May 3, 2004. The first reading was approved by vote of 5 to 2, with Directors Lehman and Markey dissenting.

RECOMMENDATION: The Board should accept public comment, then consider whether to approve the second reading of Ordinance No. 116 – An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Rule 120 To Modify Terms of Office for the Carmel River Advisory Committee. If the second reading of the ordinance is approved, the ordinance will become effective July 21, 2004.

BACKGROUND: Each Director of the District appoints one member to the Committee, and terms are normally two years, ending on June 30. Under the current rules, when a new member of the Board takes office, usually in early December following a November Board election, the term of the Committee member associated with that Board member’s seat continues. Therefore, a new Board member does not have the opportunity to appoint a member of the Committee until either half a year or a year and a half after taking office. Ordinance No. 116 would allow a new Board member to nominate a different person to represent him or her on the Committee.

Current rules require that Committee members reside within the MPWMD boundaries and be knowledgeable about issues relating to the Carmel River. Carmel Valley residents are to be given priority in the selection of Committee members. Ordinance No. 116 would not change these requirements.

A list of the current Committee members, their term ending dates, and the corresponding appointing Board members is provided in Exhibit 19-B. Exhibit 19-C is a letter dated April 12, 2004 from John Dalessio to Chair Edwards regarding this item.

U:\staff\word\boardpacket\2004\2004boardpacket\20040719\PublicHearings\item13_exh13a.doc