COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

November 17, 2009

BOARD MEETING DATE:

December 1, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Michael P. Murphy, County Counsel

SUBJECT:

Appointment of a Member to the Board of Directors of the Mid-Peninsula Water District

RECOMMENDATION:

Adopt a resolution appointing a member to the Board of Directors of the Mid-Peninsula Water District.

BACKGROUND:

The Mid-Peninsula Water District supplies water to consumers in an area slightly larger than the city limits of the City of Belmont. Small portions of the service area are within the limits of the City of San Carlos, Redwood City, and parts of the unincorporated County of San Mateo. The District’s service territory covers approximately 5 square miles and serves approximately 28,000 people.

The Mid-Peninsula Water District has five members on its Board of Directors. Warren Slocum, Chief Elections Officer has certified to this Board that three District Board seats were up for election on November 3, 2009 and only two candidates ran. Pursuant to Elections Code § 10515, these two candidates are appointed by the “supervising authority” which in the case of a special district, is the Board of Supervisors. The Board has no discretion with regard to these appointments and they, along with other similar appointments for special districts, are being presented today in a separate agenda item.

In regards to the third seat, for which there is no candidate, the Board also makes this appointment pursuant to Elections Code § 10515. The Elections Code does not set forth a deadline for the Board to make this appointment nor does it set forth a required process for the Board to use to make the appointment. The only requirement is that the appointee must be a registered voter within the District as of November 3, 2009.

DISCUSSION:

At its October 6, 2009 meeting, the Board of Supervisors adopted an appointment process:

(1)

The District will provide to any person desiring to seek the appointment reasonable notice and opportunity to apply.

(2)

The District Board will forward to the Clerk of the Board of Supervisors a list of all candidates and their applications, and shall designate on the list the top three candidates in order of preference.

(3)

All candidates on the list, and their supporters, may give presentations of up to ten minutes in total to the Board of Supervisors at the December 1, 2009 Board meeting.

(4)

The Board will make its selection, and appointment, at the close of the presentations.

In accordance with the above process, the Mid-Peninsula Water District advertised the appointment and received 26 applications. Our office has confirmed that 25 of the 26 applicants were registered voters as of November 3, 2009; the 26^th applicant did not appear for an interview.

At a November 4, 2009 special meeting, 17 of the candidates were present. The Board of Directors interviewed all of them and designated the following individuals as the top three candidates in order of preference:

1.

Al Steubing: Mr. Steubing retired from Pacific Gas and Electric Company. He led the department responsible for PG&E’s relationships with business and institutional customers. He served on the YMCA of San Francisco Board of Managers for 15 years and was elected Board Chair. He has a degree in mechanical engineering from the University of California, Berkeley. Mr. Steubing has lived in Belmont since 1983 and would like to become more involved in the community.

2.

Mike Malekos: Mr. Malekos is a retired businessman who has lived in Belmont for 13 years and holds degrees in Business Administration. He worked for 20 years in Utility Operations and Management with Pacific Gas and Electric Company, and 10 years in banking and financial services. He has held several community positions including the Belmont Library Task Force and Site Council for Cipriani Elementary School. Mr. Malekos would like to give back to his community by utilizing his financial and management consulting expertise in the public sector.

3.

George Burgess: Mr. Burgess is the Executive Vice President of Land Resource Investments, Inc. This company places re-developed land into self directed IRA, 401K and other retirement plans. Mr. Burgess is on the Board of Directors of the Belmont Chamber of Commerce and serves on the Government Affairs Committee. He graduated from Columbia University and has lived in Belmont since 1997. A past member of the Belmont Rotary, he has a strong interest in serving the Belmont community and in conserving water resources.

This action contributes to the Shared Vision 2025 outcome of collaborative community by engaging community participation in the appointment process.

FISCAL IMPACT:

None.