EXHIBIT
16-C
DRAFT
ORDINANCE
NO. 113
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
1. The Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area. The Board of Directors for the District consists of seven members; five are elected by the qualified voters of the District, one is a member of the Monterey County Board of Supervisors, and one is a city council official appointed by the City Selection Committee.
2. The Water Management District Board Members are presently compensated solely for meeting attendance, pursuant to Water Code Appendix section 118-206, at the rate of thirty dollars ($30) dollars per meeting, to a maximum of three (3) meetings per month. This level of compensation has not changed since it took effect in 1978.
3. The law governing Water Management District Board Member compensation is now set by Water Code section 20200, et seq. These provisions of the Water Code were made applicable to the District in 1988, superseding prior law on this topic.
4. Water Section §20201 allows Water Management District Board Member to be at one hundred dollars ($100) per day for each day's attendance at meetings of the Board, or for each day's service rendered as a member of the Board by request of the Board. Director compensation cannot be paid for more than ten (10) days in any calendar month.
5. An ordinance needs to be adopted by the Water Management District pursuant to the Water Code to invoke these compensation provisions for Board Members.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short
Title
This ordinance shall be known as the Board Member Compensation Ordinance of 2004 for the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance
revises Board Member compensation in accord with the provisions of Water Code
section 20200, et seq.
Section Three: Board
Member Compensation
Each Board Member of the Monterey Peninsula Water Management District shall receive compensation at the rate of one hundred dollars ($100) per day for each day's attendance at meetings of the Board, or for each day's service rendered as a member of the Board by request of the Board. Such a request shall include Board Member attendance at committee meetings, or attendance at other meetings at the direction of the Board or Board Chair. Director compensation shall not exceed a total of ten (10) days in any calendar month.
Section Four: Compensation
Adjustment
The rate of Board Member compensation set by Section Three of this ordinance shall be increased by five percent (5%) on January 1 of 2005.
Section
Five: Notice and
Publication
Notice of the public hearing on this ordinance shall be published in a newspaper of general circulation pursuant to Section 6066 of the Government Code[1].
This ordinance shall take effect at 12:01 a.m. on the 61st day after it has been enacted on second reading, in accord with Water Code § 20204.
Section Seven: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that
each remaining portion would have been adopted irrespective of the fact that
one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
On motion by Director _________, and second by Director _________, the
foregoing ordinance is adopted upon this ______ day of ________________, 2004,
by the following vote:
AYES:
NAYS:
ABSENT:
I, Fran Farina, Secretary to the Board of Directors of the Monterey
Peninsula Water Management District, hereby certify the foregoing is a full,
true and correct copy of an ordinance duly adopted on the ________ day of
_____________ 2004.
Witness my hand and seal of the Board of Directors this ________ day of
____________ 2004.
Fran Farina, Secretary to the Board
U:\staff\word\boardpacket\2004\2004boardpacket\20040315\PublicHearings\16\item16_exh16c.doc
[1] Government Code § 6066
provides: “Publication of notice
pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published
once a week or oftener, with at least five days intervening between the
respective publication dates not counting such publication dates, are
sufficient. The period of notice
commences upon the first day of publication and terminates at the end of the
fourteenth day, including therein the first day.” [This footnote is provided for convenience, but shall not be
construed to be a part of the Ordinance as enacted.]