Approve Knights Landing Ridge Drainage District and Reclamation District Appointments. (No general fund impact) (Pinedo/Dachtler)

A. Approve the following appointments in-lieu of election to the Knights Landing Ridge Drainage District pursuant to Water Code Sections 50740 and following and Appendix Section 21-3:

      1.  Dominic Bruno, Frederick "Fritz" Durst and Dan Tibbitts for four-year terms (expiring December 3, 2027).

B. Approve the following appointments in-lieu of election pursuant to Water Code Sections 50602 and 50740 and following:

Provide fiscally sound, dynamic and responsive services

To complete the procedures for appointments in-lieu of election.

Reclamation districts are generally organized pursuant to Water Code Sections 50000 et seq. (unless otherwise indicated all statutory references are to the Water Code). These districts are generally governed by a board of trustees consisting of three, five or seven members as set forth in the district by-laws (Sections 50600, 50601). Trustees generally have four (4) year terms (Section 50602).

The Knights Landing Ridge Drainage District is generally organized pursuant to Water Code Appendix, Section 21-1 et seq. This District is governed by a board of commissioners consisting of five members (Appendix Sections 21-2). Commissioners have four (4) year terms (Appendix Section 21-3).

Reclamation board elections are generally governed by Sections 50700 et seq. Sections 50740 et seq. govern appointments in lieu of an election. Appendix Section 21-3 provides that elections for the Knights Landing Ridge Drainage District are governed by the same provisions. (Although some of the reclamation districts within the County of Yolo are the subject of special acts (i.e., R.D. 999 [Water Code Appendix, 23-1 et seq.] and R.D. 1600 [Water Code Appendix 25-1 et seq.]), none of those special acts addresses the conduct of elections or appointments in lieu of election. In light of this, we have referred to the general laws governing such matters for guidance.

Section 50740 provides that “if by 5 p.m. on the 54th day prior to a general district 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 board, an election shall not be held.” Section 50741 provides that in such circumstances, “the board of supervisors shall appoint those nominated for the positions of trustee, and if no person has been nominated for said position, the board of supervisors shall appoint any qualified person or persons. In lieu of the notice provided in Section 50732 [notice of election], notice shall then be published only once stating that the board of supervisors will appoint the trustees and that no election will be held.”

The reclamation districts and the drainage district have each indicated that an election was due to be held in each district, and that the number of nominees did not exceed the number of trustees to be elected (and also that a petition signed by 5 percent of the voters requesting that the election be held has not been presented). Each district has also requested that the Board of Supervisors appoint the nominees, and other qualified persons in instances in which there was an insufficient number of nominees to fill the available seats. Each district has also provided a copy of its published notice of election, and a subsequently published notice stating that the Board of Supervisors will appoint the trustees and that no election will be held (copies on file with the Clerk of the Board).

In these circumstances the Board of Supervisors is authorized to appoint the individuals named above to the district boards for the terms noted above. Once appointed, they will take office and serve exactly as if they had been elected at the November 7, 2023 election, with terms commencing November 7, 2023 (Water Code Sections 50602.5 and 50730).

This matter appears at the request of each reclamation district.