TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Chris R.Y. Apallas, Deputy County Counsel
SUBJECT: Appointment of qualified candidates to those special district boards in the County where the number of candidates does not exceed the number of offices to be filled in lieu of conducting elections (No Fiscal Impact)
RECOMMENDATION
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Appointment of qualified candidates to those special district boards in the County where the number of candidates does not exceed the number of offices to be filled in lieu of conducting elections. (No Fiscal Impact)
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BACKGROUND
Pursuant to their principal acts, the Circle Oaks County Water District (COCWD), Spanish Flat Water District (SFWD), Congress Valley Water District (CVWD), and Los Carneros Water District (LCWD) (collectively, “the Districts”) are governed by the Uniform District Election Law (UDEL) set forth in Election Code 10500 et seq., which requires them to hold a governing board election on the first Tuesday after the first Monday in November of odd-numbered years. On July 14, 2020, pursuant to Elections Code section 10404, District resolutions, and Board approval, the District elections were consolidated with the even-numbered General Election for future election cycles. The Registrar of Voters conducts the elections for the Districts at their request and is reimbursed by the Districts for any costs incurred. Elections Code section 10515(a) provides that if an election is not held for any district because (1) the number of candidates who filed nomination papers did not exceed the number of seats to be filled and (2) voters have not petitioned the Registrar of Voters to request a general district election, the Registrar of Voters shall submit a certificate of these facts to the Board of Supervisors and request that the Board appoint to the office(s) the person or persons who have filed declarations of candidacy. This Certificate of Facts is attached.
While not governed by UDEL, Napa River Reclamation District (NRRD’s) principal act also provides for appointments by the Board of Supervisors in lieu of election where the number of nominees does not exceed the number of trustees to be elected, or when there are no nominees. The NRRD governing board has three trustee seats up for election, and no one submitted nomination papers as documented in the certificate of facts prepared by NRRD’s Secretary. However, Mary Finnegan, Ana Chretien, and Richard Newman, the three trustees whose terms are expiring, have submitted letters to the Board, attached, requesting reappointment pursuant to Water Code section 50742. These members shall serve a term of four years under Water Code section 50602.
Pursuant to Elections Code sections 10505, 10515(b), and 10554, the term of office of those individuals appointed by the Board under the above UDEL authority will begin at noon on the first Friday in December (December 4, 2026) and end at noon on the first Friday in December four years later (December 6, 2030), or until their successors qualify and take office.
Requested Actions:
1. Appoint to the governing board of LCWD those individuals named in the Certificate of Facts for the terms specified therein pursuant to California Elections Code section 10515(a); and
2. Appoint to the governing board of SFWD those individuals named in the Certificate of Facts for the terms specified therein pursuant to California Elections Code section 10515(a); and
3. Appoint to the governing board of COCWD the individuals named in the Certificate of Facts for the term specified therein pursuant to California Elections Code section 10515(a); and
4. Appoint to the governing board of CVWD the individuals named in the Certificate of Facts for the term specified therein pursuant to California Elections Code section 10515(a); and
5. Appoint Mary Finnegan, Ana Chretien, and Richard Newman to the governing board of NRRD, for a term of 4 years each, pursuant to California Water Code section 50742.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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Consequences if not approved: |
The County will be in violation of California Elections Code section 10515 |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.