ITEM:

ACTION ITEMS

 

18.

REVIEW AND CONSIDER AMENDMENT OF CARMEL RIVER ADVISORY COMMITTEE MISSION STATEMENT

 

Meeting Date:
December 12, 2005

Budgeted: 

N/A

 

From:

David A. Berger,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

Andy Bell/

Cost Estimate:

N/A

 

Larry Hampson

 

 

 

General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  The District Board of Directors will consider proposed amendments to the previously adopted Mission Statement of the Carmel River Advisory Committee.  The Carmel River Advisory Committee has proposed an amendment to the existing Mission Statement.  Staff has submitted an alternative amendment to the Carmel River Advisory Committee Mission Statement for the Board’s consideration.   

 

RECOMMENDATION:  

  1. The Board should consider whether or not approve a revised CRAC Mission Statement proposed by the Committee at its November 17, 2005 meeting, as follows:  "Mission Statement:  To advise the Board of Directors with regard to management and protection of the Carmel River, and its riparian corridor, and to any matter officially referred to this committee."

 

  1. If it decides to support the CRAC recommendation, and to avoid future confusion with the largely redundant wording in the existing Committee Purpose set out in District Rule

120.A, the Board should direct staff to a) prepare an ordinance for Board consideration that would replace the existing Committee Purpose (Rule 120. A) with the text of the proposed Mission Statement, and b) rescind the 1995 Mission Statement upon adoption of the ordinance. 

 

BACKGROUND:  The adopted 2005-06 District Strategic Plan contains an objective of creating a charge for the Carmel River Advisory Committee (CRAC or Committee), and targets the December Board meeting as its completion date.  At its November 17, 2005 meeting, the CRAC considered the Committee Purpose as stated in MPWMD Rule No. 120.A and the Mission Statement set by the MPWMD Board of Directors on February 23, 1995 (see Exhibit 18-A for the current Committee Purpose and Mission Statement). 

 

During discussion of the item on November 17, 2005, Committee members expressed a desire to simplify the mission statement by changing it to coincide with the purpose of the Committee stated in Rule 120.A.  The members also discussed the language in the Committee purpose concerning "...any matter referred to this committee."  The question that arose was whether any individual or organization could refer a matter to the Committee for consideration.   Staff


explained that the language had always been understood to mean any matter referred to the Committee by the Board of Directors.  The Committee agreed that the Committee Purpose should be clarified so that the Committee is to consider matters referred by the Board, but not by

Individuals or other organizations.  The discussion centered on limiting the matters that could be referred to the Committee to those referred by official organizations.  However, they did not define what an "official" organization was and they did not specifically discuss whether it should be only the MPWMD Board that could refer matters to the Committee.  During this part of the discussion, staff stated its understanding and presumably the Committee's, as shared with the Committee in the past, that the language in the Committee Purpose concerned matters referred to it by the Board.

 

The Committee unanimously approved a motion recommending to the Board of Directors that the Mission Statement be changed to read as described in the Recommendation set out above.  This proposal would delete the five items currently contained in the Mission Statement that limit the Committee’s purview.

 

ALTERNATIVE RECOMMENDATION:  The Board of Directors set the Mission Statement of the CRAC in 1995 in response to the Committee’s recommendations in 1992 and 1994 to clarify its role and responsibilities (see Exhibit 18-B, the staff note for the item for the February 23, 2005 Board meeting).  The Committee recommendation to change the Mission Statement to be similar to the Committee purpose as stated in Rule 120.A, would make the Committee’s role more general, and therefore less clear.  Rule 120.A is part of Regulation XII, Carmel River Management.  This section of the District Rules and Regulations addresses District activities, and activities by property owners and others, related to erosion protection, maintenance of riparian vegetation, and access for vehicles in the river channel or riparian corridor.  Eleven of the twelve pages of Regulation XII deal with these activities and the related District permit regulations.  Therefore, staff believes it is appropriate to limit the purview of the Carmel River Advisory Committee.

 

Staff recommends the following changes to the current Mission Statement:

 

  1. Change the title of the document to “Committee Charge, Carmel River Advisory Committee.”
  2. Add a sixth item to the list of Committee responsibilities, as follows:  “Participate in review of Carmel River activities associated with the District’s Integrated Regional Water Management Plan.”
  3. Add a seventh item to the list of Committee responsibilities, as follows:  “Advise the Board of Directors on any matter referred to the Committee by the Board.”

 

These changes would result in the document shown as Exhibit 18-C.   Note that this exhibit was amended by District staff to conform the language to be consistent with other committee charges and proposed Meeting Rule 7.  Amended text is shown in italicized and strikeout text.

 

EXHIBITS

18-A       Current Committee Purpose and Mission Statement

18-B       Staff note from February 23, 1995 Board meeting – “Item VII B. Action Items. Consider Carmel River Advisory Committee Recommendations for Expanded Scope of Responsibility

18-C       Committee Mission Statement Amendment Proposed by Staff

 

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