ITEM:

CONSENT CALENDAR

 

2.

CONSIDER ADOPTION OF RESOLUTION CERTIFYING RESULTS OF THE NOVEMBER 8, 2005 SPECIAL ELECTION ON MEASURE W AND THE REELECTION OF DIRECTORS LEHMAN AND EDWARDS

 

Meeting Date:

December 12, 2005

Budgeted: 

N/A

 

From:

David A. Berger,

Program/

N/A

 

General Manager

Line Item No.: 

 

 

Prepared By:

Arlene Tavani

Cost Estimate: 

N/A

 

General Counsel Review:  Yes

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  A special statewide election was held on Tuesday, November 8, 2005.   The District placed a measure on the ballot titled Measure W that would have authorized collection of a surcharge upon water bills of California American Water (Cal Am) customers to fund an investigation into the process and cost of public acquisition of the Coastal Division, Monterey District of the Cal Am System.  The measure was not approved by the voters. Attached as Exhibit 2-A is Resolution 2005-10, A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Certifying the Results of the November 8, 2005 Special Election on Measure W.

 

The November 8 ballot also included the election for Directors in Voter Divisions 1 and 2.  Director Lehman was reelected to Division 2.  Attached as Exhibit 2-B is Resolution 2005-11, A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Certifying the Results of the November 8, 2005 Reelection of Judi Lehman to Voter Division 2.  Director Edwards was the only person who filed for candidacy in District 1, therefore, in compliance with Elections Code section 10515, he will be appointed to the seat by the Monterey County Board of Supervisors.  The District will receive notice from the Monterey County Elections Department when the appointment has been made.  Until then he will continue to serve in accordance with the law, per General Counsel.

 

RECOMMENDATION:  District staff recommends adoption of Resolution 2005-10 and Resolution 2005-11.

 

BACKGROUND:  On June 20, 2005, the Board of Directors voted to place on the November 8, 2005 ballot a binding, non-advisory ballot measure relating to investigation of the cost and process for a pubic entity to acquire the Cal Am system.  The ballot measure language approved by the Board was as follows,  “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 up to $550,000 for costs of the investigation as a surcharge upon water bills of Cal-Am customers?”  The measure was not approved by the voters.  The number of votes cast were 11,514 in favor of the measure and 19,296 opposed.  Attached to Resolution 2005-10 as Attachment 1 is the Statement of Votes Cast that was certified by the Monterey County Registrar of Voters on November 28, 2005.

 

The November 8, 2005 ballot also included the election of Directors in Voter Divisions 1 and 2.  Judi Lehman was reelected to Voter Division 2.  The Statement of Votes Cast is included as Attachment A to Resolution 2005-11.  Director Edwards’ candidacy was unopposed, so he will be appointed to serve in Voter Division 1 by the Monterey County Board of Supervisors.

 

EXHIBITS

2-A      MPWMD Resolution 2005-10

2-B      MPWMD Resolution 2005-11

 

 

 

 

 

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