EXHIBIT 5-A
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT OPPOSING ENACTMENT
OF SENATE BILL 1529
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, pending legislation proposes to modify the
form of governance for the Monterey Peninsula Water Management District to
change from directly elected representatives to appointed representatives; and
WHEREAS, the proposed change in governance is
“retrogressive” when compared to the Voting Rights Act protections of the prior
governance 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 Association of California Water Agencies (ACWA) has opposed enactment of Senate Bill (SB) 1529, and explains that it is opposed to this bill because it "would seriously erode the accessibility and accountability of the district to its voters.” ACWA also stated, “The democratic process, as flawed as it may be at times, must be allowed to continue. The district was created to ensure that the residents within its boundaries have an abundant and healthy supply of drinking water and water for commerce, as well as manage groundwater. The district must represent the residents; otherwise economic self-interest and the potential for competing interests between the cities, as against each other, and the cities and the county could interfere with the achievement of the statutory mandates of the district. The tension between growth and water supply may be even greater on the Monterey Peninsula than in other parts of the state. Replacing an elected board of directors responsible for water resource management with an appointed board representing multiple interests, including land use, could undermine the mission of the district;" and,
WHEREAS, the Sierra Club California has opposed enactment of SB 1529; and,
WHEREAS, the League
of Women Voters of the Monterey Peninsula has opposed enactment of SB 1529; and,
WHEREAS, LandWatch Monterey County has opposed enactment of SB 1529; and,
WHEREAS, Open Monterey Project has opposed enactment of SB 1529; and,
WHEREAS,
the pending legislation may confuse,
delay and frustrate efforts to expand water supply available to the Monterey
Peninsula by interrupting governance continuity, preventing Directors recently
elected in November 2003, from seeking re-election; and,
WHEREAS, pending the legislation clouds the future
of the District, interferes with its need to maintain and recruit competent
staff, and will frustrate its ability to succeed in securing permits and other
project approvals; and,
WHEREAS, SB 1529 should not be enacted as other pending legislation
(SB 149) deals with the same topic, and remains on the Assembly Appropriations
Committee suspense calendar; and,
WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District previously adopted its Resolution No. 2003-01 to oppose enactment of a parallel measure (SB 149) to modify governance of the District.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.
OPPOSITION TO SB
1529. The Board of Directors of the Monterey Peninsula Water Management
District opposes SB 1529 and its proposed change to the governance of that
District.
2.
OPPOSITION TO OTHER
LEGISLATIVE AMENDMENTS. The Board of Directors of the Monterey
Peninsula Water Management District opposes any other legislation which
attempts to modify the governance of the District or the public's right to
directly elect its members and to directly vote on water supply projects.
3.
OPPOSITION TO
CHANGE FROM ELECTED DIRECTORS TO APPOINTED DIRECTORS. The Board of
Directors of the Monterey Peninsula Water Management District opposes any legislation that proposes a change to the governance of this
District by changing the form of governance from direct election to
appointment.
4.
AUTHORIZATION TO
CHAIR TO OPPOSE SB 1529. The Board of Directors of the Monterey
Peninsula Water Management District
authorizes the Chair or his designee, its Legislative Committee, staff, and
the District's retained consultant to take appropriate action in opposition to
SB 1529, or other legislation, in furtherance of this Resolution. This action may include, but shall not be
limited to attending, making presentations, and providing testimony to any
Committee of the Senate or Assembly, or any other individual or organization in
relation to SB 1529 or similar legislation.
PASSED AND ADOPTED by the Board of Directors of the
Monterey Peninsula Water Management District, Monterey County, California, at a
regular meeting duly held on May ____, 2004, by the following vote:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
ATTEST:
____________________________
___________________________
Board Chair Board Secretary
U:\staff\word\boardpacket\2004\2004boardpacket\20040527\ActionItems\05\item5_exh5a.doc
Prepared
by DCL 5/20/04