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Home My WebLink AboutMINUTES - 12082009 - C.19RECOMMENDATION(S): APPOINT the following individuals as Directors on the Town of Discovery Bay Community Service District Board of Directors for a term of office beginning December 8, 2009 and ending December 3, 2010: Brian Dawson 2059 Sand Point Road Discovery Bay, CA 94505 Kevin Graves 5779 Cutter Loop Discovery Bay, CA 94505 FISCAL IMPACT: The cost of a Special APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/08/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Speaker: Don Flint, resident of Discovery Bay VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 5-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 8, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Janet Gricius, Deputy cc: C.19 To:Board of Supervisors From:David Twa, County Administrator Date:December 8, 2009 Contra Costa County Subject:Appointments to the Town of Discovery Bay Community Services District Board of Directors FISCAL IMPACT: (CONT'D) Election to the Town of Discovery Bay Community Services District (CSD) to fill two vacant seats on its Board of Directors, the terms of which would begin on December 8, 2009 and expire on December 3, 2010, is estimated by the Contra Costa County Elections Division to be between $32,463 and $43,063 (depending on when the election is held and whether it is an all-mail ballot or special poll election). This action by the Board of Supervisors to fill the vacancies by appointment of CSD Board-nominated candidates avoids that financial impact on the Town of Discovery Bay CSD, which would be required to reimburse the County in full for any Special Election costs. BACKGROUND: The Town of Discovery Bay Community Services District (TDB CSD) was recently notified of two resignations from its Board of Directors. The first resignation by former Director Shannon Murphy-Teixeira was received by the TDB CSD on September 18, 2009 and was effective immediately. Ms. Murphy-Teixeira was re-elected to the District Board on November 7, 2006 to a four-year term ending December 3, 2010. The second resignation by former Director Dave Dove was received by the TDB CSD on September 26, 2009. His resignation was effective September 23, 2009. Mr. Dove was also elected on November 7, 2006 to a four-year term ending December 3, 2010. As a result of the resignations, the Discovery Bay CSD currently has two of its five Board of Directors seats vacant. According to Government Code section 61045 (e), with a five-member Board of Directors, the Board may only take action by a majority vote of the membership of the Board (5)--not by a majority vote of the quorum (which is 3). Therefore, with three Board of Directors seats currently filled and any action requiring three votes, a unanimous vote is needed on any action. Government Code section 1780 allows the Board of Supervisors to appoint or "order the district to call an election to fill a vacancy" if the Town of Discovery Bay Community Services District fails to act within 60 days of a vacancy. The sixty (60) day period for action by the District Board on the seat formerly occupied by Ms. Shannon Murphy-Teixeira expired on November 17, 2009. The sixty day period for action by the Board on the seat formerly occupied by Mr. Dave Dove expired on November 25, 2009. On October 1, 2009, the Town of Discovery Bay CSD posted the notice of open seats inviting applications to fill the vacancies with an application deadline of October 28, 2009. Nine (9) qualified residents submitted paperwork to be considered to fill the two vacant seats. One of the nine applicants withdrew the day after submitting his application, leaving eight candidates. The TDB CSD Board of Directors interviewed the remaining eight candidates at its regularly scheduled meeting of November 4, 2009. After the interviews were complete, the Board of Directors accepted nominations from the three TDB CSD Directors. Three of the eight (8) applicants that were interviewed were nominated to fill the two vacant positions: Mr. Kevin Graves (nominated by Vice President Simon), Mr. Brian Dawson (nominated by Director Piepho), and Mr. Mike McCleery (nominated by President Tetrault). Because unanimity on votes for the nominees could not be reached, the Board of Directors voted to continue this item to a Special Meeting of the Town of Discovery Bay CSD on Wednesday, November 11, 2009. After the meeting of November 4, 2009, one of the three nominated candidates, Mr. McCleery, withdrew his application for the Board of Directors citing the other two nominees as more qualified to serve at this time, leaving only two nominated candidates for the two open seats. The Town of Discovery Bay CSD held a special meeting on November 11, 2009 to continue the effort to select two directors to fill the two vacancies. A motion to reopen nominations failed (2 ayes-1 no). A motion to appoint Mr. Graves failed (2-1). A motion to appoint Mr. Dawson failed (0-3). A motion to call a Special Election also failed (2-1). A motion to appoint Mr. Graves and Mr. Dawson at the same time failed to achieve a second. Consequently, the TDB CSD Board of Directors was unable to come to a unanimous vote on the two nominees to fill the two open seats. As a result, the item was continued to the regularly scheduled November 18, 2009 meeting. The next regularly scheduled meeting of the Town of Discovery Bay CSD was held on Wednesday, November 18, 2009. At this meeting, the TDB CSD Board of Directors unanimously voted to submit two separate letters to the Contra Costa County Board of Supervisors notifying them of the vacancies and the fact that the District Board had neither appointed a replacement nor called for a Special Election within the sixty day period specified in Government Code Section 1780. On November 30, 2009 the Contra Costa County Clerk of the Board received a letter from the Discovery Bay Town Manager, Mr. Virgil Koehne, indicating that the Discovery Bay CSD Board of Directors had neither appointed a replacement nor called for a special election within the 60 day period specified in California Government Code Section 1780 to replace Ms. Shannon Murphy-Teixeira. (See Attachment A.) On December 1, 2009 the Contra Costa County Clerk of the Board received a letter from the Discovery Bay Town Manager, Mr. Virgil Koehne, indicating that the Discovery Bay CSD Board of Directors had neither appointed a replacement nor called for a special election within the 60 day period specified in California Government Code Section 1780 to replace Mr. Dave Dove. (See Attachment B.) Government Code Section 1780 (f) provides that when the District Board has a quorum of members but does not fill a vacancy, the Board of Supervisors may make an appointment or may call an election to fill a vacancy. (This is different from the situation where the District Board lacks a quorum of members and the Board of Supervisors is required to act on the vacancy. Gov. Code, § 1780 (h).) Under Government Code section 1780, the Board of Supervisors has a limited period of time in which to act on the vacancies. The final date for action on the seat formerly occupied by Ms. Shannon Murphy-Teixeira is December 17, 2009. The final date for action on the seat formerly occupied by Mr. Dave Dove is December 28, 2009 (the next business day after December 25, 2009). Should the Board of Supervisors determine not to make appointments to the vacancies or not make them by the above dates, the Town of Discovery Bay CSD will be required to hold a Special Election and will not have a full slate of directors until March 2, 2010 (All Mail Ballot Election) or April 13, 2010 (Special Poll Election). A Special Election, estimated to cost between $32,463 and $43,063, will only serve to fill the two director vacancies for the March/April 2010 to December 3, 2010 period of time. CONSEQUENCE OF NEGATIVE ACTION: Should the Board of Supervisors determine not to make appointments to the vacancies or not make them by the above dates, the Town of Discovery Bay CSD will be required to hold a Special Election and will not have a full slate of directors until March 2, 2010 (All Mail Ballot Election) or April 13, 2010 (Special Poll Election). A Special Election, estimated to cost between $32,463 and $43,063, will only serve to fill the two director vacancies for the March/April 2010 to December 3, 2010 period of time. CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM CORRECTED TO READ: APPOINT the following individuals as Directors on the Town of Discovery Bay Community Service District Board of Directors for a term of office beginning December 8, 2009 until the end of term. ATTACHMENTS Attachment B Attachment A