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Approve the appointments of Martin Emigh, Gabriel DeTar, and Kevin Simonisas Trustees of Reclamation District No. 2068 for terms to expire at noon on December 3, 2027
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board approve the appointments of Martin Emigh, Gabriel DeTar, and Kevin Simonisas Trustees of Reclamation District No. 2068 for terms to expire at noon on December 3, 2027.
SUMMARY/DISCUSSION:
Reclamation districts are governed by boards of trustees, which are composed of landowners or their legal representatives in the district. As a general rule, a district must hold an election in each odd-numbered year. Once an election is called, the district solicits nominations. If, on the 54th day prior to the election, the number of nominees does not exceed the number of trustees to be elected (and if a petition signed by 5 percent of the voters requesting that the election be held has not been presented to the district board), an election shall not be held and the Board of Supervisors shall appoint those nominated for the positions of trustee. If no person has been nominated, the Board of Supervisors shall appoint any qualified person or persons.
Reclamation District No. 2068 (District) has a five-member Board of Trustees, and the terms of three of the Trustees will expire in December. Pursuant to Water Code section 50731.5, the District published a notice calling for nominations for the positions. The number of petitions submitted did not exceed the number of seats available. In addition, the District received no petition requesting that an election be held.
Because the number of nominations is equal to the number of seats available, the District requests that the Board of Supervisors appoint the nominated individuals in lieu of holding an election, pursuant to Water Code section 50742.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2023/24 Working Budget.
ALTERNATIVES:
The Board could choose not to make these appointments. This option is not recommended as the proposed Trustees were validly nominated, and the law requires their appointment.
OTHER AGENCY INVOLVEMENT:
Reclamation District No. 2068 requested this action.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION