ITEM:		CONSENT CALENDAR
2.	CONFIRM DESIGNATION OF MICHELLE KNIGHT AS REPRESENTATIVE TO THE SEASIDE GROUNDWATER BASIN WATERMASTER AND JUDI LEHMAN AS ALTERNATE
Meeting Date:			November 19, 2007	Budgeted:	Yes
From:			David C. Laredo,	Program/	N/A
			General Counsel	Line Item No.:
Reviewed By:			David A. Berger, General Manager	Cost Estimate:	N/A
General Counsel Approval: Prepared Staff Note
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: Rules of the Seaside Basin Watermaster require MPWMD to appoint a seated director to serve as its representative on the Watermaster board. Representatives are appointed in November. This matter causes reappointment of the District’s current representative, Director Michelle Knight, and reappointment of the District’s current alternate, Director Judy Lehman, to the Watermaster board. Insofar as Ms. Knight shall not hold office in January, the Board shall then appoint a successor representative at its December meeting.

RECOMMENDATION: The Board should appoint its representatives to the Watermaster board. Approval of this matter shall reappoint Director Michelle Knight as representative, and Judy Lehman as alternate. In the alternative, the Board may choose any other directors as its representatives on the Watermaster board. Should Ms. Knight be reappointed, the Board shall be asked to select her replacement on December 10, 2007, as Ms. Knight shall no longer be an elected member of the MWPMD Board.

BACKGROUND: The District appoints one seated director to serve on the Watermaster board in accord with Judge Randall’s decision in California American Water v. City of Seaside, et al. (Monterey Superior Court, Case No. M66343). The Watermaster board rules also provide for appointment of an alternative. At this time, the District’s appointed representative is Director Michelle Knight and its alternate is Director Judy Lehman.

Watermaster rules (Rule 4.0) provide that the term of office for any appointed member ends in January of even numbered years.  Accordingly, Ms. Knight’s and Ms. Lehman’s terms shall end in January, 2008. Ms. Knight’s term shall end earlier after she vacates her elected seat on the MPWMD Board. The Watermaster-adopted reappointment process requires that MPWMD, as a Public Agency Party, “shall appoint or reappoint One Member in November of every second year, beginning in November of 2007.” The member so appointed assumes office in January, 2008. 

This action proposes that “technical” appointments be made, naming Director Michelle Knight as the District’s representative and Director Judy Lehman as the District’s alternate, to satisfy the Judgment's requirement. Insofar as Ms. Knight shall vacate her office January, 2008 (she is not a candidate for office), the MWPMD Board will be required to select her replacement at its regular meeting of December 10, 2007. This is the same time the Board shall next elect its 2008 Chair. The Board shall be able to designate the new Chair as the District’s representative to the Watermaster board, and may at that time also designate its Vice Chair as the alternate to the Watermaster board.

EXHIBITS

None

U:\staff\word\boardpacket\2007\2007boardpackets\20071119\ConsentCal\02\item2.doc