FINAL

 

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

 

 

FINDINGS

 

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.

 

2.      The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.

 

3.      Management of the Carmel River has been addressed by several ordinances of the Water Management District, including Ordinance No. 10, enacted July 26, 1983, Ordinance No. 22, enacted March 11, 1985, and Ordinance No. 69, enacted June 21, 1993. 

 

4.      Rule 120 of the Water Management District, first enacted by Ordinance No. 10, establishes the role and function of the Carmel River Advisory Committee.  The Committee is a standing committee of the District that is formed to advise the Board of Directors with regard to management of the Carmel River, and its riparian corridor and to other matters referred to this committee.

 

5.      The Carmel River Advisory Committee has seven (7) members.  Each Director of the District appoints one member to the committee.  Committee members serve a term of two (2) years, but can be removed earlier if a committee member fails to attend three (3) consecutive regular meetings without good cause.  Nominations to fill any vacancy or to reappoint any committee member are made by the Director's seat that exercised the original appointment.

 

6.      This ordinance amends Rule 120 to modify the term of office for any member of the Carmel River Advisory Committee.  The former Rule 120 provided for appointed members to serve a fixed term, even after the term of the appointing MPWMD Board Member has expired.  This ordinance calls for the appointed term to be co-terminus 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.

 

7.      The Board of Directors determines that this ordinance is limited to the amendment of its internal rules and, as such, lacks any potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.  Enactment of this ordinance does not require any analysis under the California Environmental Quality Act (Public Resources Code section 21000, et seq.). 

 

8.      This ordinance shall revise, amend and republish Rule 120 of the Rules and Regulations of the Water Management District.

 

 

NOW THEREFORE be it ordained as follows:

 

 

ORDINANCE

 

Section One:               Short Title

 

This ordinance shall be known as the Rule 120 Amendment Ordinance.

 

Section Two:               Purpose

 

This ordinance revises, amends and republishes organizational provisions set forth in District Rule 120 by modifying the term of office for members of the Carmel River Advisory Committee to be appointed term to terminate at the conclusion of the term of the appointing MPWMD Board Member. 

 

Section Three:           Amendment of Rule 120 (Carmel River Advisory Committee)

 

District Rule 120 B, Committee Organization, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

 

 

B.      COMMITTEE ORGANIZATION

 

1.          The Carmel River Advisory Committee shall be comprised of seven (7) members.  Each Director of the District shall appoint one member to this advisory committee. Appointed committee members shall serve a term of two (2) years, which term shall expire on June 30, provided, however that the first seven (7) appointees shall, by lot, determine that four (4) members shall serve for one (1) year, and three (3) members shall serve for two (2) years.  Appointment to any vacancy shall be made by the Board of Directors for the remainder of the unfulfilled term or on the date the appointing Director vacates office as a member of the MPWMD Board of Directors, whichever shall first occur.  A vacancy shall be created by resignation or in the event a committee member fails to attend three (3) consecutive regular meetings without good cause as determined by the Board of Directors.  Nomination to fill any vacancy or to reappoint any committee member shall be made by the Director's seat which exercised the original appointment to that position. 

 

2.          All meetings of the committee shall comply with the Ralph M. Brown Act.  At the first meeting held in each fiscal year, the committee shall elect a chairperson and vice‑chairperson to preside at committee meetings. The committee may adopt rules governing the conduct of its meetings.

 

3.          Committee members shall be required to reside within the boundaries of the Monterey Peninsula Water Management District and shall be knowledgeable about issues relating to the Carmel River.  Carmel Valley residents shall be given priority in the selection of committee members.  Any committee members currently sitting in a position on the committee shall be allowed to complete their term of duty, regardless of their place of residence.

 

Section Five:              Publication and Application

 

The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District. 

 

Section Six:                Effective Date and Sunset

 

This ordinance shall take effect at 12:01 a.m. on the 30th day after it has been enacted on second reading, but shall not affect the current term of office for any incumbent member of the Carmel River Advisory Committee. 

 

This Ordinance shall not have a sunset date. 

 

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 Foy, and second by Director Knight, the foregoing ordinance is adopted upon this 3rd day of May, 2004, by the following vote:

 

 

AYES:  Directors Edwards, Foy, Knight, Pendergrass and Potter

 

NAYS: Directors Lehman and Markey

 

ABSENT:  None         

 

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 3rd day of May 2004.

 

 

Witness my hand and seal of the Board of Directors this 14th day of May 2004.

 

 

                                                                                                                                                           

                                                                        Fran Farina, Secretary to the Board

 

 

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