ITEM:

CONSENT CALENDAR

 

3.

Consider ADOPTION OF PROCEDURE FOR SELECTION OF BOARD REPRESENTATIVE TO THE SEASIDE BASIN WATERMASTER

 

Meeting Date:

August 16, 2010

Budgeted:

N/A

 

From:

Darby Fuerst,

Program/

N/A

 

General Manager

Line Item No.:

 

 

 

Prepared By:

 

Arlene Tavani

Cost Estimate:

N/A

General Counsel Review:  No

 

 

Committee Recommendation:  On August 5, 2010, the Rules and Regulations Review Committee recommended that the Watermaster representative and alternate be selected annually on a rotating basis beginning in 2011 with Voter Division 5.

CEQA Compliance:  N/A

 

 

 

SUMMARY:  Section 4.1 of the Rules and Regulations of the Seaside Groundwater Basin Watermaster specify that every two years, beginning in November 2007, member agencies must appoint a representative and alternate to the Watermaster for a two-year term.  In November 2009, the Board’s representative to the Watermaster, Judi Lehman, was reappointed to serve another term. Director Regina Doyle was appointed to serve as alternate.  At that time, the Board requested that the Rules and Regulations Review Committee develop a procedure for selection of representatives to the Watermaster.  Note that although the Watermaster Rules and Regulations specify a two-year term for its members, there is no rule that would prohibit the Board from appointing a representative to the Watermaster on an annual basis.

 

RECOMMENDATION:   The Board should adopt the recommendation of the Rules and Regulations Review Committee and approve Alternative 5 (refer to Exhibit 3-A), which would establish annual rotation of Directors into the position of representative and alternate to the Watermaster beginning in 2011 with Voter Division 5.  The committee also recommended that if the Director rotating in declines to accept the position, the next Director in the rotation would be eligible to participate.  If the Director rotating into the position represents another jurisdiction on the Watermaster, that Director must decide to represent either the MPWMD or the other jurisdiction. The Board should direct that this procedure be incorporated into the MPWMD Meeting Rules under Rule 7: Committees, as a new subsection D. Seaside Groundwater Basin Watermaster.

 

BACKGROUND:  On August 5, 2010, the Rules and Regulations Review Committee reviewed a list of four alternative procedures for selection of representative to the Watermaster (Exhibit 3-A). The committee proposed a new alternative No. 5, which would establish annual rotation of Directors into the position of representative and alternate to the Watermaster beginning in 2011 with Voter Division 5.  An example of the rotation schedule is shown on Exhibit 3-A, and is based on MPWMD Meeting Rule 2.5, Rotation of Vice Chair into the Position of Chair

 

The Board would make the appointments as follows:  (A) Prior to the beginning of each two-year term, the Watermaster routinely requests that the District appoint its representative by the end of October.  At the October Board meeting, the District’s appointee could be selected according to the rotation schedule and the Watermaster would be notified by the October deadline.  (B) For all other years, the Board could appoint the new representative according to the rotation schedule at the January Board meeting when committee assignments are ratified.  The Watermaster would be notified of the new appointment by letter.  

 

BACKGROUND:  The District is required to appoint a representative to serve a two-year term on the Watermaster, in accordance with Judge Roger D. Randall’s March 2006 decision in California American Water v. City of Seaside, et al. (Monterey Superior Court, Case No. M66343).  The Watermaster subsequently approved and submitted to Judge Randall rules that also provide for each entity’s appointment of a representative and an alternate to the Watermaster.

 

EXHIBITS

3-A      Alternatives for Watermaster Representative Selection Procedure

 

 

 

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