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HomeMy WebLinkAboutMINUTES - 11051991 - IO.9 i I .O. -9 TO: BOARD OF SUPERVISORS Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa s x�. Count DATE: October 28, 1991 �osrq _: I�=�'� y CO-- APPOINTMENTS TO THE BOARD OF TRUSTEES OF RECLAMATION DISTRICT SUBJECT: 2065 (VEALE, TRACT) i SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Appoint to the Board of Trustees of. Reclamation District 2065 (Veale Tract) to the seat previously occupied by Mr. Roy Robinson:. Rachel Baldocchi P.O. Box 56, Rnightsen i 2. Note for the record that Mrs. Baldocchi and. Mr. Mass have agreed that once they form a quorum on the Board ofTrustees of Reclamation District 2065 they will appoint to or' call an election to fill the third seat on the Board of: ;Trustees. with the intent that. either Mr. Alfred A. Affinito or Mr. Michael J. Affinito will be appointed or elected to the third seat on the Board. of Trustees. 3 . Also note for the record that Mrs. Baldocchi and Mr. Mass. have agreed that once a full. three member Board of Trustees has been seated, the Board of Trustees. will take the necessary steps. required by State law in order to expand. the Board of Trustees.. from. three to five members and will. appoint or call an election to fill the two newly created: seats on the Board of Trustees.. 4. Remove this item as a referral to our Committee. CONTINUED ON ATTACHMENT: YeS YES SIGNATURE: RECOMMENDATION OF COUNTY O RECOMMENDATION OF BOARD COMMITTEE APPROVE T SIGNATURES: SUNNE WRLGHT McPEAR ACTION OF BOARD ON Novembe . 5, 1991 APPROVED AS RECOMMENDED OTHER The Board noted that the unexpired term of Roy Robinson which is being filled by Mrs. Baldocchi ends November, 1993. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON HE DATE SHOWN. CC: ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF Please See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) ! I .O.-9 I BACKGROUND: On October 15, 1991 the Board of Supervisors referredi to our Committee the issue .of filling one or more seats. on the. Board of Trustees of Reclamation District 2065 (Veale Tract) . The- problem was that two members of the three member Board of Trustees had resigned, leaving the remaining member (Mr. John Mass) with no way to operate the Reclamation District. On October 28, 1991 our Committee met with Mr's. Rachael Baldocchi, Mr. John Mass and Victor J. Westman, County Counsel. We reviewed the attached correspondence and:. heard comments. from those who were present. Mr. Westman. noted that the Board of Supervisors has no authority to fill both. of the vacancies on the Board of Trustees since the: State law permits the Board of Supervisors in these circumstances only to appoint to enough seats to create a quorum (one in this case) . Thereafaer, the State law permits the Board. of Trustees to make appointments_ or to call an election to fill. vacancies on the Board. of Trustees.. It has been suggested. by Mrs. Baldocchi. that the Board of Trustees be expanded to five seats so that all landowners can be seated on the Board of Trustees. While our Committee has no objection to this solution, the. Board of Supervisors cannot impose such a requirement- on the. Board. of Trustees.. Our Committee is prepared to recommend the appointment of Mrs. Baldocchi, on the basis of oral. assurances: given to our Committee. by Mr. Mass and Mrs. Baldocchi. that. they wil.l. appoint eilther Mr. Alfred Affinito or Mr. Michael Affini.to to. the vacant third seat. on the Board of Trustees. and that the Board- of Trustees- will then take the necessary steps to expand. the. Board. to five members and. follow through on either the appointment of Mr. Thomas_ Baldocchi and the remaining Mr. Aff.inito. to the. Board of Trustees: or calling an election for that purpose., as may be requiredlby State. law. With these assurances, our Committee recommends. the appointment. of Mrs. Baldocchi. to the Board. of Trustees of Reclamation District 2065. cc: County Administrator. County Counsel. Cressey H. Nakagawa, Secretary Reclamation District. 2065 c/o Eber, Nakagawa & Kitajo 650 California Street, 26th Floor San Francisco, CA 94108 Rachel Baldocchi P.O. Box 56, Knightsen, CA 94548 John Mass P.O. Box 264 Knightsen, CA 94548 Alfred A. Affinito, President. Fortuna Land Company, Inc. Zinnigan Land Company, Inc. 2980 Railroad Avenue Pittsburg, CA 94565