A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
OPPOSING ENACTEMENT OF SENATE BILL SB 149
WHEREAS, the voters of the Monterey Peninsula
ratified powers and functions for the Monterey Peninsula Water Management
District at the election held in June, 1978, and
WHEREAS, the District governance approved by the
voters calls for five of the seven members of the board of directors for the
Monterey Peninsula Water Management District to be directly selected by the
electorate; and
WHEREAS, each director so selected by the electorate
represents an equi-populous resident voting division for the Monterey Peninsula
Water Management District; and
WHEREAS, each resident voting division for the
Monterey Peninsula Water Management District was created in compliance with the
federal Voting Rights Act (42 U.S.C.1973, as amended), and in accord with data
from the year 2000 census; and
WHEREAS, each resident voting division for the Monterey
Peninsula Water Management District was created in compliance with section
22000 of the California Elections Code to guarantee equal representation of
voters; and
WHEREAS, the form of governance for the Monterey
Peninsula Water Management District is proposed to change from direct election
of representatives to appointment; and
WHEREAS, the proposed change to the form of governance from direct election to appointment further deprives the voters of the District of the rights of initiative recall and referendum; and
WHEREAS, SB149 proposes to change existing law to delete voter approval for any District proposed water supply project, and to specifically delete the right of the voters to petition for referendum; and
WHEREAS, the language of SB149 further negatively affects current democratic process, the voters’ rights, the Board’s accountability, environmental protection, and other fundamental aspects of the Monterey Peninsula, the Water District, and the voters in the District; and
WHEREAS, the proposed change in governance is
“retrogressive” when compared to the previous plan; and
WHEREAS, all voters of the Monterey Peninsula Water
Management District, including minority voters, would be worse off with respect
to the exercise of their franchise than they are under the existing plan; and
such retrogressive effect is contrary to the federal voting rights mandates in
accord with 28 CFR 51; and
WHEREAS, proposed modification of the form of governance for the Monterey
Peninsula Water Management District runs contrary to “one person, one vote,” as
the proposed representational structure is not equal or fair; and
WHEREAS,
the District has recently proposed a study of the environmental effects of a
water supply project to solve the current water shortfall confronting the
Monterey Peninsula and to provide opportunity for future expansion that would
be approved by the voters.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.
OPPOSITION TO SB
149. The board of directors of the Monterey Peninsula Water Management District
opposes SB 149.
2.
OPPOSITION TO
CHANGE FROM ELECTED DIRECTORS TO APPOINTED DIRECTORS. The board of
directors of the Monterey Peninsula Water Management District opposes any change to the governance of this district which modifies the
form of governance from direct election to appointment and or which eliminates
or diminishes voter approval of a water supply project.
3.
AUTHORIZATION TO
CHAIR TO OPPOSE SB 149. The board of directors of the Monterey
Peninsula Water Management District
authorizes the Chair or his designee to take appropriate action in
opposition to SB 149 and in furtherance of this resolution. This action may include, but shall not be
limited to, educating the legislature to the current proposed project being
studied by the District and attending and making presentations to any committee
of the Senate or Assembly, or any other organization in relation to SB 149.
On
motion by Director Lehman, and seconded by Director Lindstrom, the foregoing
resolution is duly adopted this 2nd day of May, 2003, by the
following votes:
AYES: Directors
Erickson, Henson, Lehman and Lindstrom
NAYS: Director
Pendergrass
ABSENT: Directors
Edwards and Potter
I,
Fran Farina, Secretary to the Board of Directors of the Monterey Peninsula
Water Management District, hereby certify that the foregoing is a full, true,
and correct copy of a resolution duly adopted on the 2nd day of May,
2003.
Witness my hand and seal of the Board of
Directors this 6th day of May, 2003.
_____________________________
Fran
Farina, Secretary to the Board
U:\staff\word\boardpacket\2004\2004boardpacket\20040419\ActionItem\15\item15_exh15b.doc