Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  April  11, 2017
CATEGORY:  Consent - General Government-2.

SUBJECT:

Appointment to Anderson-Cottonwood Irrigation District in lieu of an election. 

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Camile Woodstrom, Deputy Clerk of the Board (530) 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Adminsitrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

Appoint Clayton Olds to the Anderson-Cottonwood Irrigation District (ACID) Board of Directors to fill the ACID Division 3 Director position for a term to expire December 2020. 

SUMMARY

N/A

DISCUSSION

The Anderson Cottonwood Irrigation District (ACID)  is a an irrigation district organized under Water Code sections 20500 et seq.  It is governed by a five member elected Board of Directors.   The District is divided into five Divisions, with one Director elected from each District.  It is subject to the Uniform District Election Law. . 

 

Two positions on the ACID Board of Directors were up for election on November 8, 2016 for four-year terms, one for Division 3 and one for Division 4.  Only one declaration of candidacy was filed for the Division 4 position, by Zacery Mazzotta, and no declarations of candidacy were filed for the Division 3 position.   As such, no election was held for the ACID Board of Directors on November 8, 2016. On September 13, 2016, the Board of Supervisors appointed Mr. Mazzotta to the Division 4 position on the ACID Board of Directors 

 

Since no declarations of candidacy were filed for the Division 3 position on the ACID Board of Directors, Elections Code section 10515(b) dictates the manner in which this office is to be filled. 

 

Elections Code section 10515(b) states:  If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held and the person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office. 

 

The term "supervising authority" is defined as the Board of Supervisors.  Elections Code section 10500(b)(13).

 

Water Code section 21100 requires that, to be qualified for the Board of Directors,  the individual, as of November 8, 2016 and currently must (1) be a registered voter, (2)  be a landowner within the ACID, and (3) reside within Division 3 of ACID. . 

 

 

At their March 16, 2017 meeting the ACID Board of Directors unanimously recommended that the Board of Supervisors appoint Clayton Olds in lieu of election to fill the Division 3 Director position on the ACID Board of Directors for a four-year term expiring December 2020.  The ACID Board of Directors sent correspondence to the Clerk of the Board requesting this appointment. A copy of the email correspondence is attached. 

 

According to the ACID, Mr. Olds, as of November 8, 2016 and currently, is (1) a registered voter, (2) is a landowner within the ACID, and (3) resides within Division 3 of ACID. 

 

ALTERNATIVES

Pursuant to Elections Code section 10515(b), the Board of Supervisors is required to make appointments to fill offices on the ACID Board of Directors that were up for election, but which no declarations of candidacy were filed.  The Board may decline to appoint Mr.  Olds, appoint some other person who meets the qualifications for appointment to the ACID Board, or may request that other applicants be considered. 

OTHER AGENCY INVOLVEMENT

The County Administrative Office has reviewed the recommendation.

FINANCING

There is no General Fund impact associated with the recommended action. 

ATTACHMENTS:
DescriptionUpload DateDescription
Clayton Olds - Letter of Interest3/31/2017Clayton Olds - Letter of Interest
Instructions to ACID Board for Appointments3/31/2017Instructions to ACID Board for Appointments
ACID Recommendation3/31/2017ACID Recommendation