EXHIBIT 17-A       

 

RESOLUTION NO. 2005 – 07

 

Resolution of the Board of Directors

of the Monterey Peninsula Water Management District Calling

for Placement of a District-wide Ballot Measure on November 8, 2005

To Investigate Process and Cost of Public Acquisition of

the California American Water (Cal-Am) System

 

 

                        WHEREAS, The Uniform District Election Law (Section 10,500 et seq. of the Elections Code) and the Monterey Peninsula Water Management District (MPWMD) Law (Chapter 527, Section 136, of the Statutes of 1977, found at West's Water Code - Appendix, Section 118 - 136) authorize the Board of Directors of the Monterey Peninsula Water Management District to call an election relating to examine the process and cost to publicly acquire the Coastal Division, Monterey District of the California American Water (Cal-Am) System; and 

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District determined on June 20, 2005 to submit to voters within the Monterey Peninsula Water Management District at the November 8, 2005 election a binding, non-advisory ballot measure relating to investigation of the cost and process for a public entity to acquire the Cal-Am Water Distribution System; and

 

WHEREAS, the statewide election set for November 8, 2005 will encompass the Monterey Peninsula Water Management District in its entirety; and

 

WHEREAS, it is desirable that the statewide election be consolidated with any other election held on the same day to promote ease and convenience for registered voters and to take advantage of any possible reduced election costs; and

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District also determined on June 20, 2005 that costs of the investigation, including costs associated with placement of the measure on the November 8, 2005 ballot, shall be recovered via a surcharge upon Cal-Am water bills, if approved by a majority of voters; and

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District clarified at its June 20, 2005 hearing that the investigation would examine the entire Coastal Division, Monterey District of the Cal-Am Water Distribution System within the boundaries of the Monterey Peninsula Water Management District, including the Bishop, Hidden Hills, and Ryan Ranch Units, and; 

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District further clarified at its June 20, 2005 hearing that the public entity acquiring the Coastal Division, Monterey District of the Cal-Am system need not be limited to the Monterey Peninsula Water Management District, might be an existing public agency other than MPWMD, or might be a newly created public entity yet to be defined; and 

 

WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District approved payment of costs relating to the ballot measure, including statements in favor, in opposition, and in rebuttal thereto, and to fix the maximum number of words to be submitted.                       

                       

                        NOW THEREFORE, BE IT RESOLVED, and ordered by the Board of Directors of the Monterey Peninsula Water Management District, pursuant to the Uniform District Election Law, that:

 

            1.         The following ballot measure shall be submitted to the voters within the Monterey Peninsula Water Management District for consideration at the consolidated general election on Tuesday, November 8, 2005: 

 

 

Shall the Monterey Peninsula Water Management District be directed to investigate the cost and process to publicly acquire the private water utility system presently owned and operated by the Monterey District of California American Water (Cal-Am), and be directed to recover costs of the investigation as a surcharge upon Cal-Am’s water bills?

 

 

 

YES

 

 

 

 

NO

 

            2.         This election shall be consolidated with any other election to be held totally or partially within the boundaries of the Monterey Peninsula Water Management District.

 

3.         The Monterey County Election Department is hereby authorized to canvass returns of the election called.  The election shall be held in all respects as if there were only one election and one form of ballot.  Precincts, polling places and officers of election, and all particulars not recited in this Resolution shall be the same as those set forth in Uniform District Elections Law of the Elections Code of the State of California.   

 

4.         The Monterey County Registrar of Voters is requested to certify the results of the canvass of the returns of the election to the Board of Directors of the Monterey Peninsula Water Management District, which shall thereupon declare the results thereof. 

 

5.         The Registrar of Voters of Monterey County is instructed to take any and all steps necessary to hold this election.  The Monterey Peninsula Water Management District shall pay its pro rata share of extra costs incurred by the County of Monterey in consolidating the elections pursuant to Section 51350 of the Government Code.   

 

6.         The Secretary of the MPWMD Board is hereby directed to file certified copies of this Resolution with the Monterey County Registrar of Voters.

 

7.         The General Counsel to the MPWMD Board is hereby instructed to prepare an impartial analysis of the ballot measure, not to exceed 500 words, to be included in the Voters’ Pamphlet; the analysis shall be submitted to the Registrar of Voters no later than 5:00 PM on August 8, 2005.

           

8.         Written arguments for and against the ballot measure may be submitted, and shall be no longer than 300 words; they shall be submitted to the Registrar of Voters no later than 5:00 PM on August 8, 2005. 

           

9.         Rebuttal arguments no longer than 250 words will be accepted from those submitting the qualified arguments for and against, by the Registrar of Voters no later than 5:00 PM on August 16, 2005. 

                       

10.       The notice of the time and place of holding the election is given, and the Registrar of Voters is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law.

           

11.       The Secretary to the MPWMD Board shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. 

 

                       

                        On motion of Director ________and seconded by Director __________, the foregoing resolution is duly adopted this 18th day of July 2005 by the following votes:

 

                        AYES:

 

                        NAYS:

 

                        ABSENT:       

 

                        I, David A. Berger, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a resolution duly adopted on the 18th day of July 2005.

 

                        Witness my hand and seal of the Board of Directors this _____ day of July 2005.

 

 

 

                                                                                    __________________________________

                                                                                    David A. Berger, Secretary to the Board

 

U:\staff\word\boardpacket\2005\2005boardpackets\20050718\ActionItems\17\exh17a.doc

Draft 2 prepared by DCL on 6/27/05

Registrar has not reviewed Draft 2