Meeting Date:

December 10, 2007







David A. Berger





General Manager

Line Item No.:






Reviewed By:

David C. Laredo,

Cost Estimate:




General Counsel






General Counsel Approval:N/A


Committee Recommendation:N/A


CEQA Compliance:N/A



SUMMARY: The purpose of this item is for the District Board to appoint a representative of MPWMD to serve on the Watermaster board for a two-year term, as required in the Seaside Basin adjudication court decision, beginning in January 2008.In addition, rules adopted by the Watermaster call for an alternate representative to be designated by each of the nine entities that comprise the Watermaster board.Thus, this item also covers appointment of an alternate MPWMD representative for a concurrent term.The Board should consider continuing its practice begun last year of appointing the then-seated Board Chairperson to serve as the Districtís Watermaster representative.Consistent with the majority of Watermaster public entity members, and for the practical reasons described below in the Background section, the Board should consider appointing the General Manager to serve as the alternate representative.


RECOMMENDATION:Staff recommends that the Board 1) appoint its current Chairperson to serve the next two-year term as MPWMD representative to the Watermaster board commencing January 2008; 2) appoint its General Manager to serve as alternate for the concurrent period (Note: In the event the Board chooses not to do so, staff recommends that the Board appoint its Vice Chairperson to serve as alternate to the Watermaster, for the concurrent period.); and 3) direct the General Manager to send timely written notification to the Watermaster of MPWMD representatives for the two years commencing January 2008.


BACKGROUND:The District is required to appoint a representative to serve a two-year term on the Watermaster board commencing in January 2008, in accordance with Judge Roger D. Randallís March 2006 decision in California American Water v. City of Seaside, et al. (Monterey Superior Court, Case No. M66343).The Watermaster board subsequently approved and submitted to Judge Randall rules that also provide for each entityís appointment of an alternate to the Watermaster board.At its February 23, 2006 meeting, the District Board appointed its Chairperson to serve as Watermaster representative and Vice Chairperson to serve as alternate, and directed that their successors become Watermaster representatives at the end of their District Board officer annual term.Based on District counselís advice that annual rotation of MPWMD representatives would conflict with the Court decision, Michelle Knight, the Districtís appointed Watermaster representative and alternate Judi Lehman served in those capacities during the initial two calendar years of the Watermasterís existence.


Three of the other four public entity members of the Watermaster board (i.e. the cities of Monterey and Sand City and the County of Monterey) all designate a staff member to serve as alternate to an elected official on the Watermaster board.Experience over the past 20 months of its existence has demonstrated certain advantages of this approach, in staffís opinion.The Watermaster board has canceled its regular monthly meeting several times and/or scheduled special meetings, in order to meet certain court-mandated deadlines such as adopting annual budgets and reports.This has resulted in circumstances in which the Districtís representative has been unable to attend, and our alternate has been requested to cover the Watermaster meetings on relatively short notice.As many of the Watermaster board items are complicated and highly technical, itís been a time challenge for the Districtís alternate to rapidly become familiar with those subject matters.The District General Manager is conversant with the key aspects of the adjudication decision, attends all Watermaster board meetings, reads Watermaster board packets and other written materials, and is regularly briefed by District staff that provides technical support service to the Watermaster TAC.Because the General Manager has background information and continuity on each issue that is considered by the Watermaster board, his being the substitute appears to be the more practical and effective approach to cover those instances when the Districtís representative is unavailable.††††