HomeMy WebLinkAboutMINUTES - 02142006 - C.29 (2) ............. Contra
TO: BOARD OF SUPERVISORS
FROM: INTERNAL OPERATIONS COMMITTEE 's Costa
DATE: FEBRUARY 6, 2006 °STA COUx County
SUBJECT: APPOINTMENTS TO THE GREEN VALLEY RECREATION AND PARK DISTRICT
GOVERNING BOARD
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Cos
RECOMMENDATION:
f
APPOINT the following individuals to the Green Valley Recreation and Park District—"'—^—
governing board to new terms expiring December 31, 2009:
Don Busboom
134 Cameo Drive
Danville, CA 94526
Kevin Schaumburg
100 Vista del Diablo
Danville, CA 94526
Trey Banton*
149 Vista del Diablo
Danville, CA 94526
*Contingent on voter registration.
CONTINUED ON ATTACHMENT: YES SIGNATURE: `
RECOMMENDATION OF COUNTY ADMINISTRATOR -F 60MMENDV OF BOARD COMMITTEE
--j,,�i4PPROVE OTHER
4�41 ply
SIGNATURE(S)'
GAYLE UILICEMA, Chair MARK DeSAULNIER
—------------___—__----- - --------------------------------------------- --------------------------------- -------------------
ACTION OF BOARD ON a-/f. VI[) APPROVE AS RECOMMENDED J-OYIER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
/ t�� �,� y AND CORRECT COPY OF AN ACTION TAKEN
V UNANIMOUS(ABSENT {'�Uf I.e/) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: FEBRUARY 14,2006
CONTACT: JULIE ENEA (925)335-1077
JOHN SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY ADMINISTRATOR
CC: INTERNAL OPERATIONS COMMITTEE
CLINTON STOCKTON VIA CAO ti
BYl DEPUTY
Green Valley Recreation and Park District Appointments February 6, 2006
Internal Operations Committee Page 2
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BACKGROUND:
On January 24, 2006, the County Administrator received the attached memorandum from the County
Counsel's Office describing a problem with the membership of the Green Valley Recreation and Park
District governing board (GVRP).
Since the Board's Internal Operations Committee is tasked with screening nominations for Board
advisory bodies and other bodies to which the Board of Supervisors makes appointments, this matter
was referred to the Internal Operations Committee for consideration on February 6, 2006.
The Internal Operations Committee, upon discussing the facts with GVRP Chair Clinton Stockton,
determined the nomination of three individuals for appointment to the GVRP governing board in lieu of
election. Appointment of the recommended individuals would provide opportunity for a quorum of the
governing board to be achieved.
The County Elections Division has verified that Mr. Busboom and Mr. Schaumburg are registered
voters of the GVRP District. Mr. Banton's appointment must be contingent upon registration with the
County Elections Division.
CONTRA COSTA.COUNTY ADVISORY BOARDS, COMMISSIONS, OR
COMMITTEES APPLICATION FORM
Name of Advisory Body applying for
Application Form must be typed or hand printed
Name of Applicant.
Home Address:
City:' D ArNy� -U;z- State: Gy:' ZIP
Home Phone: Work-Phone:
Signature: Date: ,
Personal Experiences, Skills,and Interests
Education/Background:
Occupation/Employe/r:
yc..'" Cu.,.�� �y �p�o�P c�" /�G� �1 i�.�-�',,,�e�,e.e ►tee 77'�Pr�e ,
�l�e4 PC
1b«ct' l�,.ec,�,,r '� �i f/✓�Q� as
6, 6311-,'( �-y
Community Activities:/
_j U4
Special Interests:
Information:
1. File completed application with Clerk of the Board. 651 Pine Street,Room 106,Martinez, CA 94553.
2. Members of some advisory bodies may be required,to file annual Conflict of_Interest Statements.
3. Address and other contact information provided on this.application will be accessible to the general public.
4. Meetings of advisory bodies may be held in Martinez or in areas not accessible by public transportation.
5. Meetings may be held either in the evenings or during the day,usually once or twice a month.
6. Some boards assign members to subcommittees or work groups requiring additional time.
7. If you wish you may:attach your resume.
Date Received
CALIFORNIA ,_ STATEMENT OF ECONOMIC INTERESTS Official Use Only
'
FAIR POLITICAL PRACTICES COMMISSION COVER PAGE
Please type or print in ink A Public Document
NAME (LAST) (FIRST) (MIDDLE) DAYTIME TELEPHONE NUMBER
B�'o1-0 1.�rjz )
MAILING ADDRESS STREET CITY STATE ZIP CODE OPTIONAL:FAX/E-MAIL ADDRESS
(May be business address)
1. Office, Agency or Court 4. Schedule Summary
Name of Office,Agency or Court: (Check applicable schedules or "No reportable interests.")
mo During the reporting period, did you have any reportable
Division, Board, District, if applicable: interests to disclose on:
Schedule A-1 ❑ Yes -schedule attached
Your Position: Investments(Less than 10%Ownership)
Schedule A-2 ❑ Yes -schedule attached
Investments(10%or greater Ownership)
�+ If filing for multiple positions, list additional agency(ies)/
position(s): (Attach a separate sheet if necessary.) Schedule B ❑ Yes -schedule attached
Real Property
Agency:
Schedule C. ❑ Yes - schedule attached
Income& Business Positions(income other than Loans,Gifts,and Travel)
Position;
Schedule D ❑ Yes -schedule attached
Income-Loans
2. Jurisdiction of Office (Check at least one box)
Schedule E ❑ Yes -schedule attached
❑State _ Income- Gifts
County of �1<N
Schedule F ❑ Yes -schedule attached
❑City of Income- Travel Payments
❑Multi-County -or-
0 Other ' No reportable interests on any schedule
Total number of pages
3. Type of Statement (Check at least one box) completed including this cover page:
Assuming Office/Initial Date:Z J / OU
p Annual: The period covered is January 1, 2003, 5.Verification
through December 31, 2003.
-or- I have used all reasonable diligence in preparing this
O The period covered is I , through statement. I have reviewed this statement and to the best of
my knowledge the information contained herein and in any
December 31, 2003. attached schedules is true and complete.
❑ Leaving Office Date Left:—I I certffy under penalty of perjury under the laws of the State
(Check one) of California that the foregoing is true and correct.
Q The period covered is January 1, 2003, through
the date of leaving office. Z - O
Date Signed
-or- (month,day,year)
O The period covered is I through
the date of leaving office. SignatumgNi56 nk:
(File the originally s g ent with your filing official.)
❑ Candidate
FPPC Form 700 (200312004)
.i RSI.
Office of the CountyCounsel . 7 �' Contra Costa County
651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Da e: January 24, 2006
To: tephen Weir, County Clerk-Recorder
A - Sue Olvera, Election Department
From: Silvano B. Marchesi, County Counsel KTK
By: Kevin T. Kerr, Deputy County Counsel
Re: Green Valley Recreation and Park District
Summary
The three open positions on the Green Valley Recreation and Park District
governing board should be filled by appointment by the Board of Supervisors as soon as
practicable.
Background
The Green Valley Recreation and Park District ("District") is required to have
five directors on its governing board (Pub. Resources Code, § 5784, subd. (b)), but
currently has less than five directors.
The facts furnished by the District are vague, but it appears that three of the five
positions faced election in the November 8, 2005 special statewide election, yet no person
filed a declaration of candidacy for those positions. On September 13, 2005, the Election
Department requested the District to furnish names of persons the Board of Supervisors
could appoint to fill the three positions, but the District did not do so. However, the District
recently informed the Election Department that two of the three positions have been filled.
The District ostensibly filled those two positions by appointments. One of the appointed
persons is a registered voter; the other is not.
The Election Department seeks our advice on what should happen next to fill
the open positions on the District's governing board.
Discussion
A recreation and park district is subject to the Uniform District Election Law
(Elec. Code, § 10500 et seq.). (Pub. Resources Code, § 5787.)
The Uniform District Election Law provides for appointments to office in lieu of
election when no person or only one person has filed a declaration of candidacy for an
office to be filled at the election. (Elec. Code, § 10515, subd. (a).) When an office is
Sue Olvera, Election Department
January 24, 2006
Page 2
uncontested, the district must request that the
"`supervising authority' (defined as the board of
supervisors [Elec. Code, § 10500, subd. (13)]), at
a regular or special meeting held prior to the
Monday before the first Friday in December in
which the election is held, appoint to the office or
offices the person or persons, if any, who have
filed declarations of candidacy. The supervising
authority shall make these appointments." (Elec.
Code, § 10515, subd. (a).)
Accordingly, a person who filed a declaration of candidacy and is unchallenged in the
election must be appointed by the board of supervisors to that office, and the appointment
must occur before December. As for an appointment of a person who did not file a
declaration of candidacy, the board of supervisors must also make that appointment, but it
is not apparent that the appointment must occur before December.
"If no person has filed a declaration of candidacy
for any office, the supervising authority shall
appoint any person to the office who is qualified
on the date when the election would have been
held. The person appointed shall qualify and take
office and serve exactly as if elected at a general
district election for the office." (Elec. Code, §
10515, subd. (b).)
Based on the above, we do not believe that the District had legal authority to
appoint two persons to fill open positions on the governing board. First, Elections Code
section 10515 authorizes the Board of Supervisors to make the appointments. Section
10515 does not authorize the District to make the appointments. Second, only two
members of the governing board made the appointments. Two members do not make a
quorum necessary for conducting governing board business. "A majority of the board of
directors [three directors] shall constitute a quorum for the transaction of business." (Pub.
Resources Code, § 5784.13, subd. (a).) Third, one of the persons appointed was not a
registered voter and thus was not be qualified for the position. "No person shall be a
candidate for or be appointed to the board of directors unless he or she is a voter of the
district or the proposed district." (Pub. Resources Code, § 5784, subd. (c).) Under the
Public Resources Code, a voter is one so defined under Elec. Code, § 359, which states
that a voter is anyone registered to vote under the Election Code. (Pub. Resources Code,
§ 5780, subd. (i)).) It is therefore our view that the District governing board has three open
positions.
Sue Olvera, Election Department
January 24, 2006
Page 3
The three open positions should be filled by appointment by the Board of
Supervisors, pursuant to Elections Code section 10515, as soon as practicable.
We do not believe that the three open positions are vacancies to be filled under
Government Code section 1780, since no vacancy triggering event under Government
Code section 1770 (such as death, removal from office, or resignation) occurred before
the expiration of the terms of office.
cc: Julie Enea, Senior Deputy County Administrator
CLope@vote.co.contra To: jenea@cao.cccounty.us
-costa.ca.us cc: Rosa_Mena/voteccc@vote.co.contra-costa.ca.us,
Sue_Olvera/voteccc@vote.co.contra-costa.ca.us
02/01/2006 12:54 PM Subject: Re: Green Valley
Julie,
Following is the e-mail string that Sue Olvera has copied me on regarding
the Green Valley Park and Rec issue. I asked Rosa Mena to get you the
information but ran across this in my file. If you need any thing else
give Rosa a call at 6-4327. Sue is out today and I am leaving at 2:00 p.m.
and will not be back until Monday.
Candy
----- Forwarded by Candy Lopez/voteccc on 02/01/2006 12:26 PM -----
Sue Olvera
To: kkerr@cc.cccounty.us
01/13/2006 cc: Candy
Lopez/voteccc@vote.co.contra-costa.ca.us, Nick
05:24 PM
Coudsy/voteccc@vote.co.contra-costa.ca.us, Rosa
Mena/voteccc@vote.co.contra-costa.ca.us
Subject: Re: Green Valley
Hi Kevin,
I just received a call from the Green Valley Rec & Park District contact
person, Clinton Stockton.
He said they now have two individuals who are currently serving in two out
of the three vacant seats.
They are still lacking one person.
He says these two people live within the district.
They are the following:
Trey Bunton
149 Vista Del Diablo
Danville, CA 94526
Trey is not showing in our system as a registered voter. I will be sending
a voter registration form to him.
Kevin Schaumberg
100 Vista Del Diablo
Danville, CA 94526
Kevin is a registered voter in Contra Costa County.
Sue Olvera
Contra Costa County
Election Department
524 Main St.
Martinez, CA 94553
(925) 646-2054
e-mail: solve@vote.co.contra-costa.ca.us
----- Forwarded by Sue Olvera/voteccc on 01/13/2006 04:48 PM -----
Sue Olvera
To: "Kevin Kerr"
<kkerr@cc.cccounty.us>
01/13/2006 cc: Candy
Lopez/voteccc@vote.co.contra-costa.ca.us, Nick
10:45 AM
Coudsy/voteccc@vote.co.contra-costa.ca.us, Rosa
Mena/voteccc@vote.co.contra-costa.ca.us
Subject: Re: Green
Valley(Document link: Sue Olvera)
Kevin,
There should be a total of 5 board members on the Green Valley Rec & Park
District board.
3 positions are currently "vacant" due to the previous incumbents being
ineligible because they do not live within the district & we had no
candidates file for these seats during the 11/08/05 Election.
The terms for these 3 seats would normally be 12/02/05 thru 12/04/09.
The 2 other positions have the following incumbents:
Todd Henry
Clinton Stockton
Their terms are 12/05/03 thru 12/07/07
I had a message on my voice mail this morning from Clinton Stockton who was
returning my call from yesterday. (He is the contact person for this
district. )
Again, as soon as I .hear from him, I'll contact you. . .
Sue Olvera
Contra Costa County
Election Department
524 Main St.
Martinez, CA 94553
(925) 646-2054
e-mail: solve@vote.co.contra-costa.ca.us