Points of Order concerning the East Merced RCD meeting at UC Merced, Sept. 24, 2007
To: East Merced Resource Conservation District Board of Directors
From: San Joaquin Raptor/Wildlife Rescue Center; Protect Our Water; San Joaquin Valley Conservancy; Merced River Valley Association; Planada Association; Planada Community Development Co.; Le Grand Association; Stanislaus Natural Heritage
Re: Points of Order concerning the East Merced RCD meeting at UC Merced, Sept. 24, 2007
Date: Sept. 24, 2007
East Merced RCD Board of Directors: Via: email and Hand Delivered
POINTS OF ORDER
The East Merced RCD is not the Merced River Stakeholders, which are having its meeting at Washington School at this moment. The East Merced RCD is one Merced River stakeholder among many. In holding of this meeting at UC Merced, the East Merced RCD has greatly exceeded its statutory status as a legislative body and has illegally asserted authority over the Merced River Stakeholders. The East Merced RCD has no legal authority to hold a meeting of the Merced River Stakeholders. Gwen Huff, East Merced RCD staff/Merced Alliance Lower Merced River Watershed Coordinator/Merced River Stakeholders facilitator, was not authorized by the Merced River Stakeholders to convene this meeting here at UC Merced while the stakeholders are meeting at the Washington School.
The meeting we are attending is an East Merced RCD meeting. The East Merced RCD board of directors is presently illegally constituted under CARCD Guidebook.
The East Merced RCD is a legislative body, whose board members are appointed by the county Board of Supervisors. According to the California CARCD Guidebook, the East Merced RCD is subject to the Ralph Brown Act governing public meetings.
The Merced River Stakeholders group, meeting presently at Washington School, is not a
legislative body, by agreement among stakeholders after years of discussion of governance.
This East Merced RCD meeting is violating the Brown Act in the following ways:
1. There are more than two board members of the RCD in attendance; the RCD board meeting agenda of September 26 contains action items concerning the Merced River Stakeholders; the combination of RCD board members attending this meeting under the false claim that it is a Merced River Stakeholders meeting and the action items these board members will vote on in two days, is a major violation of the Brown Act. This pattern, which has been going on for some time, constitutes a continual violation by the East Merced RCD of the Brown Act;
2. This East Merced RCD meeting we are now attending was improperly noticed: it was not posted at the RCD office; it was not posted on the Merced River Stakeholders website or the East Merced RCD website or the Merced River Alliance website;
3. This East Merced RCD meeting agenda is inadequately descriptive under the Brown Act for a public agency agenda;
4. The East Merced RCD facilitator has no authority to unilaterally decide on the
location for a Merced River Stakeholder meeting in the face of stakeholder opposition;
5. The East Merced RCD had no authority to vote in its last meeting to suppress public
documents produced by Merced River Stakeholders because that suppression violated the
state RCD Guidelines and constituted several violations of the Brown Act;
6. The East Merced RCD is making decisions about the Merced River Stakeholders at their monthly board meetings in multiple violations of the Brown Act;
7. It is our understanding from the RCD board meeting of August 15, that an item will be
introduced into this evening's RCD meeting by RCD board member, Cathy Weber, to protest the heading of a recent letter that successfully protested an RCD grant proposal. This agenda item would be illegal on its face because the RCD board, at the same meeting, voted unanimously on an item not on its agenda, to suppress distribution of this public letter to members of the Merced River Stakeholders for their next meeting. It is illegal because it violates multiple Brown Act provisions for agenda formation.
The Merced River Stakeholders now meeting at Washington School openly participated in the process surrounding the denied grant proposal, sharing our concerns and openly distributing material expressing our opposition. The East Merced RCD, the Lower Merced River Watershed coordinator and the Merced River Alliance continually suppressed public information and public documents concerning not just the grant proposal but the future of river itself.
For the record, Merced River Stakeholders will deal with violations of the California Law on Conflict-of-Interest at a later date.
Because this meeting is not legally compliant, it should adjourn now.
Agendas of East Merced RCD and Merced River Stakeholder meetings and e-mails pertaining to the unlawful topics discussed in this letter are included below:
----- Original Message -----
From: Gwen Huff
To: Gwen Huff
Sent: Friday, May 25, 2007 12:07 PM
Subject: EMRCD Grant Proposal
Greetings Stakeholders –
As the current facilitator of the Merced River Stakeholders (funded through current grants to the East Merced Resource Conservation District [EMRCD]), I am sending out a message from the EMRCD Board of Directors. Information for this message was compiled by me, as the MRS facilitator and staff of EMRCD, and reviewed and approved by those EMRCD directors present at the May EMRCD Board Meeting, and other EMRCD staff.
Sincerely,
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net
The purpose of this letter is to clarify some logistics in the writing and submitting of our grant proposal to develop a Lower Merced River Watershed Management Plan. A summary of that proposal, in narrative form, is attached to this email.
While we have had a very strong measure of support throughout the community, the response from regular attendees at the Merced River Stakeholders group has been mixed. The members in opposition feel very strongly about certain points, which will be addressed further down, while others are very supportive. The EMRCD is at the service of all stakeholders in Eastern Merced County, and while we appreciate that not everyone is in agreement about this grant proposal, we feel that it will be valuable for our community and that there is ample support to justify proceeding with the submission of a full proposal.
At our regular Board meeting Wednesday May 23rd, at which the following Board members were present, Glenn Anderson, Cathy Weber, Karen Barstow and Bernard Wade, the Board unanimously passed the following resolution, with comments:
RESOLUTION OF THE EAST MERCED RESOURCE CONSERVATION DISTRICT TO SUBMIT WATERSHED MANAGEMENT PLAN GRANT APPLICATION
Cathy Weber I support this grant because there have been gaps of information to make recommendations and “full-picture” choices for the Merced River Watershed. I see a need for this plan to help decision makers and citizens make informed decisions about conservation issues in the watershed.
Karen Barstow I’m a farmer and landowner and I support the proposal because it is in line with State expectations of bringing all of us together on an issue that is vital to all of us; California’s most critical issue-water.
Glenn Anderson I’m a 72 year-old farmer, landowner, life-long appreciator of the river, and someone who has watched the abuse of the river. Our district has now begun a journey of community appreciation of this river and we need to continue this work to expand our community involvement.
Bernie Wade I’m submitting my support of this proposal. It is the imperative continuation to preserve, conserve and enhance the Merced Watershed. It is important that we continue scientific studies and analysis to preserve this natural resource.
Glenn Anderson moved to adopt resolution 2007-02 to submit the Watershed Management Plan grant application.
Cathy Weber seconded motion. MOTION CARRIED UNANIMOUSLY.
We would like to include here the Mission and Purpose, Goals and Objectives of the Merced River Stakeholders (MRS), as stated in the Merced River Stakeholders Group Charter, adopted January 27, 2003.
Mission and Purpose
Provide a collaborative forum for coordination and gathering and sharing of information about the Merced River watershed. Protect and enhance the lower Merced River watershed such that the natural processes, ecosystems and its unique characteristics are conserved and restored. Foster voluntary stewardship in advance of habitat degradation and regulatory action. Strive for a balanced level of human interaction within the watershed.
Goals and Objectives
Educate the public about the Merced River watershed and its importance. Foster and improve communication among affected private individuals, interested citizens, commercial interests, educational institutes and representatives of local, state and federal agencies.
Additionally, from MRS meeting minutes of April 23, 2003;
The Governance Committee gave a report in which they stated that they are not in agreement that a formalized voting mechanism is necessary to conduct stakeholder meetings.
The EMRCD is a strong supporter of the Merced River Stakeholders, as evidenced by board member participation in MRS meetings, as well as long-term financial support to facilitate these meetings. We also recognize that the MRS has no mechanism for voting and cannot, as a group, support or oppose any item brought before them. They may, however, provide input. Indeed, MRS input can greatly improve projects that are within the watershed.
It is in this spirit that EMRCD has sought input from the MRS group on the development of the Lower Merced Watershed Management Plan. We have also sought input from other stakeholders within the watershed that do not attend the MRS meetings.
Regarding concerns from those in opposition:
MRS not notified before concept proposal submitted
We would like to acknowledge that earlier notification of the grant opportunity to the MRS would have been possible. At the January MRS meeting the grant opportunity was unknown to EMRCD and, therefore, could not have been communicated at that meeting. When this information was known February 13th, between MRS meetings, communication could have been made to stakeholders notifying them of the funder’s priorities, the deadline for grant submission and the intent of EMRCD to develop a concept proposal. No formal endorsement could have been gained - as the MRS has no mechanism for this. But input on direction could have been sought at that time. However, the MRS group was first informed of the process at the March 19th meeting. At which point a concept proposal had been developed and submitted by the deadline of March 16th, three days prior to the MRS meeting.
As there was allowance for modification from the concept proposal to the final proposal (should the EMRCD be invited to advance to a full proposal), the intention was to gain input from the stakeholders on what modifications could be made to improve the direction and content of the proposal. There was a constraint on what changes could be made. CalFed (the funder) had identified the Merced River as a high priority for developing a Watershed Management Plan for this particular round of funding. Therefore, the proposal needed to retain the basic direction of developing a management plan. But input on modifying the concept proposal, before writing and submitting a final proposal, was sought of MRS. As there are many stakeholders in the watershed beyond those who meet at the regular MRS meeting, and the EMRCD is at the service of all in Eastern Merced County, EMRCD was soliciting input from the MRS at this point, not asking for approval or endorsement, as there is no mechanism for that. We regret that not informing the MRS of the grant opportunity in February has caused some to feel excluded from the process. In the future, as long as EMRCD and MRS continue to have a working relationship, the EMRCD will inform the MRS before a concept proposal is submitted, with every effort to allow time to gather input for developing the proposal.
Staff Positions
The EMRCD acknowledges that neither job descriptions nor applicant qualifications were drafted for the concept proposal. This was not a requirement for submission of the proposal. However, these job descriptions will be in place before the final proposal is submitted. Additionally, posting of job opportunities with the EMRCD will be made if awarded the grant and as they become available.
Conflict of Interest?
An EMRCD associate director (who, in this case, is on the planning commission) has no voting rights and as such cannot vote to support or oppose any grant. There is no impropriety in an EMRCD board member, whether full or associate, being on the planning commission. Nor is there any impropriety in an EMRCD associate board member taking a staff position with the EMRCD.
Most, if not all, entities that rely on grant funding to further their mission and goals, pursue funding with their staff time, in order to bring the funds to their organization. Such is the case for EMRCD. The grant funds that are brought in are obligated to be spent on specific tasks laid out in the contract with the funding agency. The funding agency reviews, very closely, the progress of the grant and how the funds are spent. Members of the EMRCD board serve as such without any monetary compensation, and would receive none should the Watershed Management Plan be funded. There is no conflict of interest.
For more information on the authority under which the resource conservation districts operate, you may go to the following website: http://www.carcd.org/yourdistrict/div-9.htm
We thank you for your interest in resource issues of Eastern Merced County and look forward to continuing to work with you on watershed conservation issues.
Sincerely,
EMRCD Board of Directors
----- Original Message -----
From: Gwen Huff
To: 'Pat Ferrigno' ; 'Lydia Miller' ; brwade@aol.com ; 'Gail Bettencourt'
Cc: sdragovich@santafeaggregates.com
Sent: Friday, August 24, 2007 11:01 AM
Subject: RE: Proposed Meeting
Thank you very much, Pat, for the invitation to your home and for organizing the points of discussion. I believe they are well laid out. I would also like to suggest inviting Cathy Weber, as she has been an active stakeholder as well as a board member of EMRCD. Two board members may be present and not violate the Brown Act.
My availability is somewhat limited mid-September, but I am available September 9, 10, 11 and possibly the 12th. The next day I am leaving for a wedding in New York and will return on Monday the 17th.
Gwen
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net
----- Original Message -----
From: Gwen Huff
To: 'Pat Ferrigno' ; 'SJRRC' ; 'Raptorctr' ; 'Bernard Wade' ; Dist4@co.merced.ca.us ; 'Mike Bettencourt' ; 'Sharon Dragovich'
Cc: 'Teri Murrison'
Sent: Wednesday, September 12, 2007 2:55 PM
Subject: RE: MRS Agenda
Pat –
Yes – the agenda item “MRS and Grant Development” is intended to encompass any aspect of this whole issue. I hope that the amount of time will be adequate. Also, we can - and probably will –discuss expectations of a facilitator to convey the perspective of stakeholders to the EMRCD and other organizations.
Cathy Weber requested that at least some of the discussion happen in the first 45 minutes of the meeting because she has a conflict in her schedule with another important meeting. Since Cathy has been so involved with the stakeholders, I would like to honor that request. It is a bit awkward, breaking it up that way, though.
Regarding your offer to cover printing costs of the Raptor Center’s letter, thank you. However, we can cover those expenses. Since the meeting is dedicated almost completely to related MRS issues, I can bring copies to the meeting. The board has directed me not to distribute the letter with the meeting announcement, but it can certainly be available at the meeting. And you are free to circulate it before hand, if you wish. Please let me know if you plan on bringing copies so that we do not duplicate our work.
Lastly, we will be meeting in a conference room at UC Merced that holds 50 people. That should do. And thanks for refreshments.
Gwen
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net
----- Original Message -----
From: Cathy Weber
To: Gwen Huff
Cc: Brwade@aol.com ; Pat Ferrigno ; Karen L Whipp ; Lydia Miller
Sent: Sunday, September 16, 2007 1:01 PM
Subject: MRS meeting
Dear Gwen,
I just returned home and have found many messages on my email. I'm very sorry if I, as an individual and not the EMRCD, have added to problems within the MRS member community.
Please set the agenda in a way that is best for all the members to deal with important issues. I am sorry that I won't be at the full meeting; but as a member of the Library Advisory Commission, I have a greater obligation to attend a 7:00 meeting in downtown Merced. In my request that the agenda item dealing with the MRS and EMRCD roles be placed early, I had no idea that it would create any type of problem.
I will come to the first part of the meeting and hope I have the opportunity to make one comment before I need to leave, a comment that is separate from the agenda item discussion. I know we have allowed other members to do so. But, please, place the agenda item at whatever time on the agenda that will make it most effective.
I am sorry that I won't be there for what I think is a very important discussion. I believe I have some perspective, being a member of both the MRS and the EMRCD. I care about both organizations deeply. I was always in favor of the MRS having more autonomy and decision making power with a process for it. I wanted to develop a plan for that through the governance committee process.
I am deeply concerned and saddened by what I feel is a misunderstanding. I know the EMRCD board members care a great deal about the resources of the river within our job of caring for and educating about all the resources of eastern Merced County. I feel that we have, unwittingly, been made villains when we thought that what we were doing all along was above-board and for the benefit of the County.
Please don't let the Board take the blame for the agenda item placement, or you for honoring my request. The fault for that is all mine. Again, I made my request, because I care about the whole discussion. I do hope these building misunderstandings can be cleared so we can meet together and support river restoration.
Cathy Weber
----- Original Message -----
From: Gwen Huff
To: Gwen Huff
Sent: Tuesday, September 18, 2007 6:03 PM
Subject: MRS Meeting Reminder at UC Merced
Dear Stakeholders -
You may have recently received an email from SJRRC (San Joaquin Raptor Rescue Center), Lydia Miller's organization, with a meeting announcement for the Merced River Stakeholders this Monday, Sept 24th at Washington School. That meeting is not sponsored by the East Merced Resource Conservation District and the announcement was not forwarded by me, as facilitator. I am the current facilitator, hired by the EMRCD to conduct the regular Merced River Stakeholders meeting on the 24th at UC Merced. The proposed presenters at the Washington School meeting have not been contacted by Ms. Miller and neither Karen Whipp, Cindy Lashbrook, Cathy Weber, Nancy McConnell nor I will be there. We will be attending the Merced River Stakeholders meeting at UC Merced. You will find the agenda below.
We have been told we can use the parking lot up at the top of the hill, very close to the library where we are meeting. Parking will be free in that lot after 5pm. Detailed directions are at the bottom of the agenda.
It is regretful that you are subject to the confusion generated by the disagreements between a few members of the Merced River Stakeholders, myself and the EMRCD. At our Sept 24th meeting we will be discussing future facilitation of the MRS, as the EMRCD funding to do this will be finished this calendar year. I hope that you will be able to attend this important meeting. Please contact me if you have questions or concerns.
Gwen
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
Merced River Stakeholders
September 24, 2007
6:00PM-8:30PM
Kolligian Library, Room 232, UC Merced
Nearby and Free Parking
DRAFT AGENDA
6:00 Introductions, Minutes Approval, Agenda Review
6:10 Updates
Merced Irrigation District
6:20 Merced River Stakeholders Facilitation
Group Discussion
7:10 BREAK
7:25 Merced River Stakeholders and Grant Development
Group Discussion
7:50 Merced County Planning Department Jeff Wilson
Jeff will provide us with an overview of balancing gravel mining with other natural resource interests in Merced County.
8:15 Announcements
8:25 Schedule Next meeting and wrap up
(Plus/Delta, next meeting speakers, refreshments)
For more information, please contact Gwen Huff at
(559) 497-5033 or gwenhuff@comcast.net
DIRECTIONS
From Highway 99, take the “G” Street exit and cross town to Yosemite Avenue and turn right onto Yosemite. Turn left on Lake Road and proceed approximately one mile to the campus. Turn right into the first campus entry (Scholars Lane) and take this up the hill to the end of the road. Make a left by the Round-A-Bout. The library and its parking lot are here. Park anywhere there are available stalls. Here is a link to a campus map https://www.ucmerced.edu/maps/campus/ Once you’ve entered the library, take the elevator to the second floor – we will be meeting in room 232.
Past meeting minutes can be found at www.emrcd.org/stakeholders
NOTICE OF REGULAR MEETING
OF THE
BOARD OF DIRECTORS
EAST MERCED RESOURCE CONSERVATION DISTRICT
USDA Office
Conference Room
2135 W. Wardrobe Avenue
Merced, CA 95340
Wednesday, August 15, 2007, 1:00 p.m.
Visit us on the web at www.emrcd.org
Call EMRCD for more information 209-723-6755
Fax EMRCD for more information 209-723-0880
To be added to the EMRCD agenda mailing list, please send a letter to the RCD at the above address by the 3rd day of the month preceding the meeting.
1. INTRODUCTION
2. ORAL COMMUNICATIONS
3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA
ITEM PRESENTER
* 4. Consent Agenda
# a. Minutes of the July 18, 2007 EMRCD Board Meeting
# b. Treasury Report (July and August ‘07)
# c. DOC II and Prop 13 Grant Updates
5. Correspondence/Information Only
a. Letters
1. National Fish and Wildlife Foundation
# b. Meeting Notices and Reports
1. CSDA e-NEWS July 23, 2007
2. CSDA e-NEWS July 30, 2007
3. California Watershed e-News July 30, 2007
c. Newsletters and Flyers (available to review at meeting)
1. CSDA Alliance Brochure
2. CSDA Conference Oct 1-4 2007
3. San Joaquin River Restoration Program
4. NRCS State Technical Advisory Committee Agenda
5. NACD Forestry Notes (June 2007)
6. NACD Forestry Notes (July 2007)
7. MED&R-Merced Developments (Winter 2007)
8. Shell Pipeline Company LP Safety Information
d. Office Election Resolution Ballet Information for Insurance Board
For information only.
6. Written and Oral Updates
a. NRCS Update Malia Hildebrandt
b. Watershed Coordinator Update (DOC II) Gwen Huff/
Cindy Lashbrook
c. Merced River Alliance (Prop 13) Update Karen Whipp
* 7. Planning for Annexation
For discussion and possible action.
8. Board Member Participation with Merced County Landuse
Issues and General Plan Updates
Board members come prepared to discuss current land use
issues and ways to be involved.
9. Old Business
a. Board Member Recruitment
b. Other Old Business
* 10. Priority Action Topic for Next EMRCD Agenda
For discussion and possible action.
11. Next EMRCD Board Meeting
The next EMRCD Board Meeting is scheduled for
Wednesday, Sept 19, 2007 in the USDA Office Conference Room,
2135 West Wardrobe Avenue, Merced, CA.
* 12. Adjournment of the Regular EMRCD Board Meeting, August 15, 2007
* Action
# Attachment
+ Enclosure
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF SPECIAL ASSISTANCE IS NEEDED IN ORDER TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT STAFF AT 209-723-6755. NOTIFICATION OF 48 HOURS BEFORE THE MEETING WILL ENABLE THE STAFF TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.
Date Agenda Posted August 10, 2007
Please remove after August 16, 2007__
Meeting Minutes of the
EAST MERCED RESOURCE CONSERVATION DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, August 15, 2007, 1:00 p.m.
Conference Room, 2135 W. Wardrobe Ave., Merced, CA 95340
Call EMRCD for more information (209-723-6755)
Directors Present: Cathy Weber, Glenn Anderson, Bernard Wade, Bob Bliss
Directors Absent: Karen Barstow, Tony Azevedo
Others Present: Karen Whipp, EMRCD contract personnel
Cindy Lashbrook, EMRCD contract personnel and associate director (non-voting member)
Gwen Huff, EMRCD contract personnel
Malia Hildebrandt, NRCS staff
Ken Leap, Interested Citizen
Bill Hatch, Interested Citizen
Item #
President Bernie Wade called meeting to order at 1:20 pm.
1. INTRODUCTIONS
Done.
2. ORAL COMMUNICATIONS
None.
3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA
None.
4 CONSENT AGENDA
Minutes of the July 18, 2007 EMRCD Board Meeting
Treasury Report June and July
DOC and Prop 13 Updates
Cathy Weber moved to approve the consent agenda.
Bob Bliss seconded the motion.
MOTION CARRIED UNAMIMOUSLY.
5. CORRESPONDENCE/INFORMATION ONLY
Letters
National Fish and Wildlife Foundation
b. Meeting Notices and Reports
CSDA e-NEWS July 23, 2007
CSDA e-NEWS July 30, 2007
California Watershed e-News July 30, 2007
c. Newsletters (available to review at the meeting)
CSDA Alliance Brochure
CSDA Conference October 1-4, 2007
NRCS State Technical Advisory Committee Agenda
NACD Forestry Notes (June 2007)
NACD Forestry Notes (July 2007)
MED&R-Merced Developments (Winter 2007)
Shell Pipeline Company LP Safety Information
d. Office Election Resolution Ballet Information for Insurance Board
So noted.
Following the review of the information items, Cathy Weber moved to have the September EMRCD Board meeting on September 26, 2007.
Seconded by Glenn Anderson.
MOTION CARRIED UNAMIMOUSLY.
6. WRITTEN AND ORAL REPORTS
Natural Resources Conservation Service Report, Malia Hildebrandt (A written report was submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting)
Watershed Coordinator--DOC Report, Gwen Huff (A written report was submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting)
During the report Gwen Huff stated that Lydia Miller asked her to send a rebuttal letter against the DWR grant proposal to all of the Merced River Stakeholders.
Bob Bliss moved that Gwen Huff contract is with the East Merced Resource Conservation District is not authorized to send the letter.
Seconded by Glenn Anderson
MOTION CARRIED UNAMIMOUSLY.
Merced River Alliance--Prop 13 Report, Karen Whipp and Cindy Lashbrook (Written reports were submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting.)
7. PLANNING FOR ANNEXATION
An oral report was given.
8. BOARD MEMBER PARTICIPATION WITH MERCED COUNTY LANDUSE ISSUES AND GENERAL PLAN UPDATES
There was board member discussion.
9. OLD BUSINESS
a. Board recruitment: There was brief discussion
b. Other business: no discussion
10. PRIORITY ACTION TOPICS FOR THE NEXT EMRCD AGENDA
The Priority Topic for next month will be to discuss mechanism for immediate calls to action, discussions for funding sources and review the Strategic Plan.
11. NEXT MEETING
The next EMRCD is scheduled for Wednesday, September 26, 2007, 1:00 pm in the USDA Office Conference Room, 2135 West Wardrobe Avenue, Merced, CA
12. THE MEETING OF THE EAST MERCED RESOURCE CONSERVATION BOARD OF DIRECTORS WAS ADJOURED AT 4:00 P. M.
/S/
KAREN L. WHIPP
EMRCD BOARD CLERK
NOTICE OF REGULAR MEETING
OF THE
BOARD OF DIRECTORS
EAST MERCED RESOURCE CONSERVATION DISTRICT
UC Cooperative Extension
Classroom
2145 W. Wardrobe Avenue
Merced, CA 95340
Wednesday, September 26, 2007, 1:00 p.m. – 4:00 p.m.
Visit us on the web at www.emrcd.org
Call EMRCD for more information 209-723-6755
Fax EMRCD for more information 209-723-0880
To be added to the EMRCD agenda mailing list, please send a letter to the RCD at the above address by the 3rd day of the month preceding the meeting.
1. INTRODUCTION
2. ORAL COMMUNICATIONS
3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA
ITEM # PRESENTER
* 4. Consent Agenda
# a. Minutes of the August 15, 2007 EMRCD Board Meeting
# b. Treasury Report
# c. DOC II and Prop 13 Grant Updates
5. Correspondence/Information Only
a. Letters
1. National Fish and Wildlife Foundation
# b. Meeting Notices and Reports
1. CSDA e-NEWS September 4, 2007
2. CSDA e-NEWS September 10, 2007
3. CSDA e-NEWS September 17, 2007
4. US Department of the Interior Submittal of
Fiscal Year 2008 Program Proposals
5. California Association of Resource Conservation
Districts – San Joaquin Valley Agenda for the Fall
Area Meeting
6. Understanding the Ralph M. Brown Act
c. Newsletters and Flyers (available to review at meeting)
1. CSDA July – August 2007 Magazine
2. National Woodlands Magazine
3. Noxious Times
4. Forestry Notes
5. Great Valley News
6. Conservation Connection
7. EcoAnalysts
8. NACD News and Views
9. Forestland Steward
10. Water Conservation News
For information only.
6. Written and Oral Updates
a. NRCS Update Malia Hildebrandt
b. Watershed Coordinator Update (DOC II) Gwen Huff/
Cindy Lashbrook
c. Merced River Alliance (Prop 13) Update Karen Whipp
* 7 Recording EMRCD Board Meetings Cathy Weber
action.
For discussion and possible
*# 8. Procedures for Requesting Public Information Karen Whipp
Recommend the EMRCD Board adopt procedures
for requesting public information.
*# 9. CAL-Card Contract Addendum Merced, CA 95340 Karen Whipp
Recommend the EMRCD Board authorize the EMRCD
Board President to sign the contract addendum and resolution.
* 10. Response letter to Department of Water Resources in Karen Barstow
Regard to Letters of Opposition of Grant Proposal
For discussion and possible action.
* 11. Future Relationship Between EMRCD and Merced
River Stakeholders
For discussion and possible action.
* 12. Mechanism for Immediate Calls to Action
For discussion and possible action.
* 13. Potential Funding Sources
For discussion and possible action.
14. Old Business
a. Planning of Annexation
b. Board Member Recruitment
c. Other Old Business
* 15. Priority Action Topic for Next EMRCD Agenda
Review the EMRCD Strategic Plan.
16. Next EMRCD Board Meeting
The next EMRCD Board Meeting is scheduled for
Wednesday, October 17, 2007 in the USDA Office Conference Room,
2135 West Wardrobe Avenue, Merced, CA.
* 17. Adjournment of the Regular EMRCD Board Meeting, September 26, 2007
* Action
# Attachment
+ Enclosure
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF SPECIAL ASSISTANCE IS NEEDED IN ORDER TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT STAFF AT 209-723-6755. NOTIFICATION OF 48 HOURS BEFORE THE MEETING WILL ENABLE THE STAFF TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.
Date Agenda Posted September 21, 2007
Please remove after September 26, 2007__
-----------------------
ORAL STATEMENT ON ITEM #1 OF THE AGENDA
East Merced RCD meeting at UC Merced, Sept. 24, 2007, 6 p.m.
POINTS OF ORDER
I am Bryant Owens, speaking on behalf of the Planada Community Association, and other signatories to the suppressed letter of opposition Merced River Stakeholders filed against the recent East Merced RCD grant proposal
I am summarizing a letter I am submitting to make the legal record.
The meeting we are now attending is illegal and should be adjourned and any river stakeholders present should go to the Merced River Stakeholders meeting sponsored by the Bettencourt Family and other river property owners at Washington School.
For these reasons and others, the meeting we are attending is illegal:
1. The East Merced RCD is a member of the Merced River Stakeholders group, not its leader
in any sense;
2. The East Merced RCD has no authority to decide on the agenda or location of a Merced River Stakeholders meeting, except as the stakeholders agree. The Merced River Stakeholders disagree and are at this moment holding their meeting at the Washington
School;
3. The East Merced RCD board of directors, appointed by the Merced County Board of Supervisors, is at present an illegally constituted legislative body;
4. The Merced River Stakeholders is not a legislative body, by common stakeholder decision after several years of discussion on its governance;
5. This illegally constituted legislative body has committed multiple violations of the California Association of RCD Guidebook and the Ralph Brown Act in the past, including the calling of this meeting and future actions already agendized on the next East Merced RCD board meeting;
6. Several individuals representing the East Merced RCD present at this meeting are committing violations of the California Law of Conflict of Interest.
To make the legal record, I am submitting our full letter and supporting documents to the East Merced RCD on the illegality of the meeting we are presently attending.
We urge the East Merced RCD board to adjourn this meeting.
----------------------------
PROTEST AGAINST APPROVAL OF MINUTES OF JULY MERCED RIVER STAKEHOLDERS MEETING
East Merced RCD meeting at UC Merced, Sept. 24, 2007, 6 p.m.
David Corser, Planada Community Association, San Joaquin Raptor/Wildlife Rescue Center, Protect Our Water, et al. and representing other Merced River Stakeholders
The minutes of the July Merced River Stakeholders meeting cannot be approved here tonight because:
1. The only body authorized to approve Merced River Stakeholders minutes is the Merced River Stakeholders, meeting at this moment at Washington School.
2. This is an East Merced RCD meeting, not a Merced River Stakeholders meeting.
3. East Merced RCD is a legislative body governed by the Brown Act.
4. It must include in these minutes the minutes of the last East Merced RCD meeting, which does not include any reference to this unlawful meeting here.
5. It must also include its agenda and minutes pertaining to Item #6 in its last meeting, during which it took an unlawful vote to suppress a public letter of protest from Merced River Stakeholders to an East Merced RCD grant proposal, which the state agency rejected because of that and other letters and petitions from Merced River Stakeholders against it.
6. If East Merced RCD board members and staff and staff of the Merced River Alliance assert that they constitute a subcommittee of the East Merced RCD that has unlawfully convened this present meeting, they must show in East Merced RCD minutes how their authority was generated by board action.
7. They cannot do this because the board explicitly tabled discussion of establishing a subcommittee at its last meeting. East Merced RCD August meeting notes clearly shows this.
8. Therefore, we are attending a meeting unlawfully convened by the East Merced RCD pretending to be a Merced River Stakeholders meeting (when that meeting is going on simultaneously at the Washington School) and the East Merced RCD cannot even justify this meeting in terms of its own authority because it has not authorized “subcommittees” or the like of the board to act between its regular meetings.
9. By convening this meeting at UC Merced against the express wishes of the largest group of stakeholders, the Merced River Stakeholders facilitator has abdicated her authority as the Merced River Stakeholders facilitator.
10. Why have East Merced RCD staff and board members been harassing Merced River stakeholders with a barrage of emails and phone calls to attend this unlawful meeting? Because this is a naked power play by disgruntled East Merced RCD board members and staff and the Merced River Alliance to silence the Merced River Stakeholders.
11. To defend the health of the Lower Merced River, Merccd River Stakeholders wrote publicly to oppose the East Merced RCD grant proposal. Although the best evidence of spiteful reaction is convening this unlawful meeting, there is other evidence: the Merced River Alliance newsletter no longer includes any mention of the Merced River Stakeholders; and the Stakeholders’ independent website was discontinued and its domain is up for sale.
We recommend this unlawful meeting be adjourned immediately.
----------------------
From: gwenhuff@comcast.net
To: gwenhuff@comcast.net
Subject: Moving on
Date: Tue, 25 Sep 2007 12:18:58 -0700
Dear Stakeholders -
For those of you not at last nights meeting at UC Merced, I would like to let you know that I am moving to Sacramento and will be resigning from the East Merced RCD and as facilitator of the Merced River Stakeholders group.
The East Merced RCD has funding to facilitate one more MRS meeting, to be held November 19th. After that time, current funding from EMRCD grants to facilitate the stakeholders will cease. At the November meeting you will have the opportunity to set a course for the stakeholders and decide how you would like to move forward with this change of circumstances. I hope that you will be able to attend this important meeting. At the direction of the MRS, we are seeking a facilitator for that meeting and the meeting notification will be forthcoming.
Unfortunately, some members of the MRS have decided to form a separate organization and are using the name Merced River Stakeholders. This will, no doubt, be causing some confusion with meeting notifications. Please note that communications from the East Merced Resource Conservation District (EMRCD) and it's staff (Cindy Lashbrook and Karen Whipp) will relate to the MRS meetings that are facilitated by the EMRCD.
It has been a pleasure working with you for the last year and half. The MRS is a very special and important group. I wish you all the best in your future endeavors.
Gwen
Gwen Huff
Home Office (559) 497-5033
Mobile (559) 250-4734