EXHIBIT 5-A
MISSION AND RESPONSIBILITIES
OF THE MPWMD
ORDINANCE 152 CITIZEN’S OVERSIGHT PANEL
Adopted by MPWMD Board 12/10/12
1.
Primary Function
The Ordinance 152 Citizen’s Oversight Panel (the “Panel”) is a committee formed for the sole purpose of providing a forum for public involvement in the budgeting and expenditure of the District’s annual Water Supply Charge. The Panel is directed to meet quarterly and review proposed expenditure of funds for the water supply activities of the District. The Board does not seek consensus from the Panel, but rather input on the ongoing budgeting and expenditure of revenues raised by the water supply charge on water supply related activities. The Panel will submit an annual report for consideration by the Board of Directors at its regular September meeting. The Panel will also, from time to time, be requested to provide community input with respect to water supply-related activities, as well as have opportunities to visit District facilities to become better acquainted with water supply projects.
Pursuant to the Ordinance, proceeds of the water supply charge may only be used to fund District water supply activities, including capital acquisition and operational costs for Aquifer Storage and Recovery (ASR), Groundwater Replenishment (GWR), and desalination purposes, as well as studies related to project(s) necessary to ensure sufficient water is available for present beneficial water use in the main CAW system. In addition to direct costs of the projects, proceeds of this annual water supply charge may also be expended to ensure sufficient water is available for present beneficial use or uses, including water supply management, water demand management, water augmentation program expenses such as planning for, acquiring and/or reserving augmented water supply capacity, including engineering, hydrologic, legal, geologic, financial, and property acquisition, and for reserves to meet the cash-flow needs of the District and to otherwise provide for the cost to provide services for which the charge is imposed.
No more than fifteen (15%) of proceeds collected by reason of Ordinance No. 152 shall be used to fund general unallocated administrative overhead.
2. Process
The Panel will meet quarterly, beginning in January 2013. At each meeting, the Panel will receive a report from District staff on budget and expenditure of the water supply charge on water supply activities. Generally, the Panel’s meetings will include these topics:
January: Review of actual December receipts and update on on-going spending plans.
April: Review of actual April receipts (if available), discuss proposed budget and capital improvement plan for following fiscal year, and update on on-going spending plans
July: Overview of approved budget and proposed expenditure of funds on water supply activities, prepare prior year annual report, and update on on-going spending plans
October: Update on on-going spending plans.
The Panel meets the definition of a “legislative body” as defined by the Brown Act; therefore, all meetings shall be noticed and open to the public in compliance with the Brown Act.
3. Composition and Structure
a) The Panel is comprised of 9 members who shall reside within the boundaries of the Monterey Peninsula Water Management District. Members of the Panel shall serve at the pleasure of the District Board.
b) The Board shall appoint one member from a panel of three persons nominated by the Monterey Peninsula Taxpayers Association, and the Board shall appoint one member from a panel of three persons nominated by the Monterey County Association of Realtors, and
c) Each Director shall appoint 1 member to the Panel. Appointee must reside within the District boundaries and may be associated with a community group, but does not have to officially represent any community group.
d) Each appointee shall serve a term of two years, with terms expiring on January 1, or on the date the appointing Director vacates office as a member of the MPWMD Board of Directors, whichever shall occur first.
e) A quorum of five (5) Panel members shall be required for an official meeting to be conducted. Action may be taken by majority vote of those Panel members present.
f) The General Manager will serve as Chair to the Panel, for purposes of facilitating meetings. District staff will provide support to the committee as appropriate.
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