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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 01/16/2018SP EC IA L BO A RD MEET IN G J anuary 16, 2018 at 5:30 PM 31111 Greenspot Road Highland, C A 92346 AG E N D A C A LL TO O RD ER P LED G E O F A LLEG IA N C E RO LL C A LL O F BO A RD MEMBERS P UBLIC C O MMEN T S Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the C hairman of the Board. Under the State of C alifornia Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. T he matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.Determine method to fill Board vacancy REPO RT S 2.General Manager/C EO 3.Legal C ounsel Report 4.Board of Directors' Comments A D J O URN P urs uant to G overnment C o d e S ec tion 54954.2(a), any reques t fo r a d is ab ility-related mo dific ation or ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve agendized pub lic meeting s hould be d irected to the District C lerk at (909) 885-4900. S P E C IAL B O AR D AG E N D A S TAF F R E P ORT Agend a Item #1. Meeting Date: January 16, 2018 Dis cus s ion Item To: G o verning Bo ard Memb ers F rom: G eneral Manager/C E O Subject: Determine metho d to fill Board vac ancy R E C O MME N D AT IO N: It is recommended that the Bo ard of Directors d etermine as fo llo ws: 1. Ad o p t R es o lutio n 2018.03, d etermining that the vacancy on the Bo ard o f Direc tors shall be filled b y ap p o intment as opposed to s p ecial elec tion; 2. Authorize the G eneral Manager/C E O to no tify the C o unty Electio n O fficial o f the existenc e o f a vac ant s eat o n the Board o f Direc tors o f the Dis trict; and 3. Authorize s taff to p o s t a Notice of Vacancy on the District Board o f Direc to rs in three (3) or more cons pic uous plac es within the District. B AC KG R OUN D / AN ALYS IS : O n January 10, 2018, the District rec eived notice that G overning Board Member Nanette S helto n would be res igning from the Bo ard of Direc tors. Ms . S helton intend s to relo c ate o uts id e of the Distric t boundaries and therefo re no lo nger qualifies to maintain her s eat. T his resignatio n will take effec t on January 10, 2018. P ursuant to C a lifornia Water C od e S ec tion 30504, whenever a vacancy o cc urs in the offic e of Direc tor, it s hall be filled p ursuant to S ec tio n 1780 of the G overnment C ode. T he vacancy s hall b e filled b y a qualified p ers o n. C a lifornia G overn men t C ode S ectio n 1780 p ro vides that the Board o f Direc tors may dec id e whether to ap p o int an individ ual to fill the vac anc y or reques t that the Electio n O ffic ial o f the C ounty of S an Bernard ino cond uc t a spec ial elec tion to fill the vacancy. S hould the Board o f Direc tors elect to follow the ap p o intment p ro cedure, the person appointed to fill the vacancy will s erve fo r the remaining duratio n of the term of o ffic e. T he c o s t as s o ciated with a s p ec ial elec tio n would b e paid b y either the taxp ayers o r by the District. It is the G eneral Manager ’s opinion that the appointment proc es s wo uld be the mo s t efficient and less c o s tly manner of filling the vac anc y in ques tion. ALT E R N AT IVE 1 If the appointment p ro cess is to be p ursued , the Bo ard mus t notify the C ounty Electio n O ffic ial within fifteen (15) days of notice o f vacancy, in this instanc e by January 23, 2018 that there is a vacanc y o n the Bo ard of Directo rs and that it will be filled by ap p o intment. S taff mus t post a No tic e of Vac anc y in three o r more cons p icuo us p lac es within the District. T his p o s ted Notice mus t oc cur no later than fifteen (15) d ays prio r to the ac tual appointment. F inally, the ap pointment proc es s mus t b e comp leted by the Board of Directo rs on or b efo re March 10, 2018. T he C ounty Elec tio n O ffic ial mus t b e advis ed within fifteen (15) d ays o f the ap p o intment o f the identity of the individ ual s elected to fill the vac ant po s ition. T he B oard of Directors may establish the method by which the appointment process will proceed. ALT E R N AT IVE 2 No twiths tanding s taff ’s rec o mmend ation, the Board o f Direc tors may c hoose to follow the s ec o nd alternative o f c alling for a s p ecial elec tio n. Und er this alternative, the Board must no tify the C ounty Electio n O ffic ial of the d es ire to call a s p ecial elec tion within sixty (60) d ays o f the effec tive d ate of vacancy. T he elec tion will be held on a date that is o ne hund red thirty (130) d ays or more after the date the Agenc y calls for an elec tio n. P ursuant to the E lection C od e S ectio n 1000, the elec tion will c o inc id e with the next sc heduled election in No vember 2018. T he c o s t o f the electio n would most likely be p aid by the Agenc y, altho ugh the Agency c o uld require the voters to pay the c o s t of return p o s tage on the ballot, as s uming the Board d ecides, through res olution, to cond uc t an elec tion by all-mailed b allo t as pro vided in E lections C od e S ec tio n 4108. We have not yet rec eived an es timate o f the cos t o f the elec tion. We have includ ed R es o lutio n 2018.02 c alling for a s p ecial electio n for Board ap p roval s ho uld that b e the cho s en co urs e o f ac tion. AG E N C Y ID E ALS AN D E N D E AVO R S : R E VIE W B Y OT HE R S : R ec o mmended by: John Mura G eneral Manager/C EO F IS C AL IMPAC T : T he fisc al imp ac t as s oc iated with this agenda item will vary b as ed on options s elec ted b y the Bo ard of Directo rs . ATTAC H M EN TS: Description Type Resolution 20 18 .02 Backup Material Resolution 20 18 .03 Backup Material Draft Appointme nt Application Cover M emo East Valley Water District Resolution 2018.02 Page 1 of 2 RESOLUTION NO. 2018.02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT (“DISTRICT”), SAN BERNARDINO COUNTY, CALIFORNIA, RESOLVING TO FILL THE VACANCY ON THE BOARD OF DIRECTORS OF SAID DISTRICT BY SPECIAL ELECTION WHEREAS, on January 10, 2018, the District was made aware of the resignation of Director Nanette Shelton, resulting in a vacancy on the Board of Directors of the District; and WHEREAS, pursuant to California Water Code § 30504 and California Government Code § 1780, the Board of Directors may elect to fill the vacancy by either appointment or special election; and WHEREAS, the Board of Directors has determined that a special election is the preferred method of filling said vacancy; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that: 1. The vacancy on the Board of Directors of the District created by the resignation of Nanette Shelton shall be filled by special election as provided by Government Code § 1780. 2. The General Manager/CEO is hereby authorized to give notice to the San Bernardino County Election Official of the vacancy and intent to fill said vacancy by special election. ADOPTED this 16th day of January 2018. AYES: NOES: ABSTAIN: ABSENT: _____________________________ Chris Carrillo, Board President East Valley Water District Resolution 2018.02 Page 2 of 2 January 16, 2018 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 2018.02 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held January 16, 2018. ATTEST: _____________________________ John Mura Board Secretary East Valley Water District Resolution 2018.03 Page 1 of 2 RESOLUTION NO. 2018.03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT (“DISTRICT”), SAN BERNARDINO COUNTY, CALIFORNIA, RESOLVING TO FILL THE VACANCY ON THE BOARD OF DIRECTORS OF SAID DISTRICT BY APPOINTMENT WHEREAS, on January 10, 2018, the District was made aware of the resignation of Director Nanette Shelton, resulting in a vacancy on the Board of Directors of the District; and WHEREAS, pursuant to California Water Code § 30504 and California Government Code § 1780, the Board of Directors may elect to fill the vacancy by either appointment or special election; and WHEREAS, the Board of Directors has determined that appointment is the most expeditious and less costly method of filling said vacancy; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that: 1. The vacancy on the Board of Directors of the District created by the resignation of Nanette Shelton shall be filled by appointment as provided by Government Code § 1780. 2. The General Manager/CEO is hereby authorized to give notice to the San Bernardino County Election Official of the vacancy and intent to fill said vacancy by appointment. 3. Staff is directed to post a Notice of Vacancy in at least three (3) conspicuous places within the District. 4. The appointment process shall be completed by the Board of Directors on or before March 10, 2018. East Valley Water District Resolution 2018.03 Page 2 of 2 ADOPTED this 16th day of January 2018. AYES: NOES: ABSTAIN: ABSENT: _____________________________ Chris Carrillo, Board President January 16, 2018 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 2018.03 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held January 16, 2018. ATTEST: _____________________________ John Mura Board Secretary East Valley Water District Board Appointment Application Deadline for submission is _____________________________________ to the Administrative Manager APPLICANT INFORMATION I, ______________________________________________, do hereby declare myself as a candidate for appointment to the office of Director of East Valley Water District. I am a registered voter; if appointed, I will qualify and accept the office and serve to the best of my ability. My current residence address is: Street City Zip My current mailing address is (if different): Street City Zip My contact information is: Daytime Phone Evening Phone Email Have you ever been convicted of a crime that would preclude you from holding public office? Yes No If your response is “Yes”, please explain the circumstances of the conviction on a separate sheet. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _____________________________________________ at ________________________________ (City), California. Candidate Signature: Application is considered complete only when accompanied by a Resume and Statement of Qualifications, and is physically received by the East Valley Water District Administrative Manager by the established deadline of _________________________________________________. Please submit a completed and signed application by mail or in person to: East Valley Water District Attn: Justine Hendricksen 31111 Greenspot Road Highland, CA 92346 FOR INTERNAL USE ONLY Verified By: Date: Date Received: Time: