Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  October  10, 2017
CATEGORY:  Consent - General Government-1.

SUBJECT:

Anderson-Cottonwood Irrigation District Board of Directors Appointment

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  2 and 5

DEPARTMENT CONTACT:  Julie Hope, Principal Administrative Analyst, (530) 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

Appoint Tiger Michiels to the Anderson-Cottonwood Irrigation District (ACID) Board of Directors, Division 1, to fill a vacancy to expire December 2018.

SUMMARY

N/A

DISCUSSION

The Anderson-Cottonwood Irrigation District (ACID) is a government agency acting under and by virtue of Division 11 of the California Water Code. It is governed by a Board of Directors that is elected by the voters within ACID’s boundaries. The ACID operates for the sole benefit of the lands and the people situated within ACID’s boundaries.

 

The Anderson-Cottonwood Irrigation District is a California Irrigation District; an independent special district. Under the California Irrigation District Law, a vacancy on the ACID's Board of Directors (ACIDBD) shall be filled pursuant to Government Code section l780.

 

Government Code section l780 establishes the following general procedure:  (A) Within 60 days after either the date on which the ACIDBD is notified of the vacancy or the effective date of the vacancy, whichever is later, the ACIDBD may fill the vacancy by appointment. Government Code section l780(d)(l); (B) If the vacancy is not filled by appointment by the ACIDBD within that 60 day period, then the Board of Supervisors may fill the vacancy by appointment within 90 days of the date the ACIDBD is notified of the vacancy or the effective date of the vacancy, whichever is later. Government Code section l780(f)(l); (C) If, within 90 days of the date the ACIDBD is notified of the vacancy or the effective date of the vacancy, whichever is later, the remaining members of the ACIDBD or the Board of Supervisors have not filled the vacancy and no election has been called for, then the ACIDBD shall call an election to fill the vacancy. Government Code section l780(g)(l).

 

Robert Blankenship resigned from the ACIDBD on June 14, 2017 and the ACIDBD was notified during its regularly scheduled meeting held on July 13, 2017. On July 26, 2017, the ACIDBD posted a Notice of Vacancy pursuant to Government Code section 1780. On October 3, 2017 the ACIDBD approved their September 14, 2017 meeting minutes which approved Tiger Michiels appointment to their Division 1 vacancy.

 

The ACIDBD Board of Directors did not directly make the appointment to fill the vacancy within the 60 day period outlined above and therefore appointment by the Board of Supervisors is recommended.

 

If appointed, Mr. Michiels will hold office until December 2018 or such other time as authorized by law. Mr. Michiels meets membership requirements as follows: 1) he is a registered voter; 2) he is a land-owner with the ACID boundaries; and 3) he resides within Division 1 of the ACID boundaries.

ALTERNATIVES

The Board may choose not to make the appointment, may defer consideration to a future date, or may order the independent district to hold an election to fill their vacancy.

OTHER AGENCY INVOLVEMENT

The ACIDBD supports the recommendation. County Counsel has reviewed the recommendation.

FINANCING

There is no General Fund impact associated with approval of the recommendation.

ATTACHMENTS:
DescriptionUpload DateDescription
T. Michiels Interest Letter9/26/2017T. Michiels Interest Letter
ACID Board of Directors 9/14/17 Meeting Minutes10/3/2017ACID Board of Directors 9/14/17 Meeting Minutes