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Authorize collaboration on legislation to support changes to the Vallejo Flood and Wastewater District Board of Trustees composition
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
Supervisor James requests that the Board authorize collaboration on legislation to support changes to the Vallejo Flood and Wastewater District Board of Trustees composition.
SUMMARY:
The Vallejo Flood and Wastewater District (District) is a special district responsible for providing wastewater collection and treatment services, as well as flood control and stormwater management, within its service boundaries, which include the City of Vallejo and portions of the surrounding unincorporated area of Solano County. The District plays an essential role in protecting public health, maintaining critical infrastructure, and managing flooding and wastewater impacts for residents and businesses within its jurisdiction.
The District Board of Trustees is currently comprised of all seven members of the Vallejo City Council, along with one member appointed by the Solano County Board of Supervisors, currently served by Supervisor Cassandra James, with Supervisor Monica Brown serving as the alternate. In addition to its role in appointing a trustee, Solano County has an ongoing interest in the District’s operations and service delivery because portions of the District extend into unincorporated County areas, and the District’s infrastructure and flood protection responsibilities affect broader regional systems.
State law governs the structure of the District Board, and any modification to the number of Trustees or appointment structure requires legislative action. Recent discussions among the District Board of Trustees, the City of Vallejo, and Solano County have led to outreach to Assemblywoman Lori Wilson to evaluate the feasibility of sponsoring State legislation to modify the composition of the VFWD Board of Trustees. The District Board has considered potential legislative changes and is supportive of exploring a revised governance structure that would better reflect current service responsibilities, representation needs, and modern special district oversight practices.
At this time, the Board is being asked to authorize staff to work with Supervisor James to collaborate on legislation in support of changes to the Vallejo Flood and Wastewater District Board of Trustees composition to better balance representation in support of the District’s current and changing provision of services.
FINANCIAL IMPACT:
The costs associated with preparing this agenda item are nominal and are included in the Department’s FY2025/26 Working Budget.
DISCUSSION:
History
The Vallejo Flood and Wastewater District Board structure has evolved repeatedly through legislative acts dating back to the District’s creation in 1952 (SB 22) when the Board initially was comprised of four members, two appointed by the City of Vallejo and two appointed by Solano County. A fifth member was added in 1955 (SB 87) to avoid potential voting deadlocks and alternates were eliminated. In 1995, with support from this Board, the composition of the District Board was changed to its current composition of eight trustees, which includes the seven Vallejo City Councilmembers plus one County appointed-at large member (AB 1388).
Enabling Legislation:1952 Enacting Statute Created a Board of Four Trustees
The 1952 Vallejo Sanitation and Flood Control District Act (“Act”) originally set the District’s Board at four Trustees. Each Trustee was required to be registered to vote within the District’s boundaries as well as owning property within the District. Trustees were appointed to 4-year terms commencing the January 1st following their appointment (meaning that Trustees were required to be appointed prior to the end of the calendar year). The City of Vallejo Mayor and the Solano County Board of Supervisors Chair appointed two Trustees each, subject to confirmation or approval by the Vallejo City Council and Solano County Board of Supervisors, respectively. The Act also designated the authority to appoint four alternate Trustees to ensure continuity in the event of vacancies. Membership on the City Council of Vallejo or the Solano County Board of Supervisors did not disqualify individuals from serving as trustees in the district, as specified in the Act.
1955 Senate Bill 87: Board Increases to Five Trustees
Senate Bill 87 was enacted in 1955. It increased the composition of the Board from four to five Trustees and eliminated the four alternate positions. In line with the enabling legislation, two Trustees were required to be City Councilmembers of the City of Vallejo and two from the Board of Supervisors of the Solano County. However, Senate Bill 87 prohibited the fifth Trustee from being a councilmember or supervisor. The fifth Trustee was appointed to a four-year term by the four trustees who were the Vallejo City Councilmembers and Supervisors of Solano County.
1995 Assembly Bill 1388: Board Increases to Eight Trustees - Vallejo (7); Solano County (1)
Assembly Member Valerie Brown authored Assembly Bill 1388 (“AB 1388”), sponsored by the City of Vallejo and the District, and supported by Solano County. AB 1388 increased the Board to eight (8) Trustees, requiring seven (7) Trustees to be Vallejo City Council Members and one at-large Trustee to be appointed by the Solano County Board of Supervisors from either Districts 1 or 2, or the unincorporated part of the District.
1997 Senate Bill 883: Clarification of At-Large Trustee Position/Structure and Governance
Senate Bill 883 (“SB 883”) was an Omnibus legislation package that clarified that the Solano County Board of Supervisors were permitted to select one alternate Trustee, to stand in when their appointed Trustee was unavailable. SB 833 also specified that the Vallejo City Council Members Trustees would automatically cease to serve as Trustees if they no longer held their respective City Council office. Aside from these technical clarifications, the composition of the Board remained unchanged from the 1995-AB 1388 revisions.
Structure and Governance:
Today, the Vallejo Flood and Wastewater District is governed by eight trustees, seven of whom are members of the Vallejo City Council. The eighth trustee is a member appointed by the Solano County Board of Supervisors, who may be either a county supervisor or a public member from the unincorporated area within the District's boundaries. Additionally, an alternate member may be appointed by the Board of Supervisors.
Legal Requirements
State law governs the structure of the District Board, and any modification to the number of Trustees or appointment structure requires legislative action. Discussions with legislative partners would allow the City of Vallejo, the County and the District to explore whether changes such as a smaller and more balanced Board of Trustees would enhance accountability, improve representation, and align the District with similarly structured special districts.
ALTERNATIVES:
The Board could choose not to explore alternative recommendations to the current Vallejo Flood and Wastewater District Board of Trustees composition; however, that is not recommended since the current representation does not follow consistent practices with other California special districts and does not provide balanced representation.
OTHER AGENCY INVOLVEMENT:
City of Vallejo, Vallejo Flood and Wastewater District and Assemblywoman Lori Wilson’s Office.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION