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Agenda Item
ASR
Control 23-000119 |
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MEETING DATE: |
02/28/23 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
3 |
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SUBMITTING
Agency/Department: |
Registrar of Voters
(Approved) |
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Department contact
person(s): |
Bob Page
(714) 567-7620 |
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Kimberly Hostler (714) 567-5107 |
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Subject: Appointment: Santiago Geologic Hazard Abatement District
Board of Directors
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ceo CONCUR |
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Clerk of the Board |
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Concur |
No Legal Objection |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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1. |
Receive and file the Certificate of Nominee to be Appointed In Lieu of Election to the Santiago Geologic Hazard Abatement District Board of Directors for the November 8, 2022, General Election. |
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2. |
Appoint in lieu of election applicant, who was qualified on the date of the November 8, 2022 General Election, to a four-year term as Director of the Santiago Geologic Hazard Abatement District, ending at noon on December 4, 2026. |
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3. |
Appoint applicant, who is qualified, to a two-year term as Director of the Santiago Geologic Hazard Abatement District, ending at noon on December 6, 2024. |
SUMMARY:
Appointment in lieu of election of a person who was qualified on the date of the November 8, 2022 General Election to an elective office for which no person filed a Declaration of Candidacy for an open seat on the Board of Directors of the Santiago Geologic Hazard Abatement District will support compliance with California Elections Code section 10515. Appointment to fill a vacancy on the Board of Directors of the Santiago Geologic Hazard Abatement District, which arose after the November 8, 2022, General Election will support compliance with Government Code section 1780 and ensure all five seats on the Board of Directors are filled.
BACKGROUND INFORMATION:
Pursuant to Elections Code section 10515, if the number of persons who filed a Declaration of Candidacy for at large Director offices up for election for a special district does not exceed the number of Director offices up for election for that special district, the Registrar of Voters must certify the following facts to the Board of Supervisors as the supervising authority for the special district:
· Only two qualified candidates filed a Declaration of Candidacy for the three at-large Director offices up for election for the Santiago Geologic Hazard Abatement District (SGHAD).
· A petition with a sufficient number of valid voter signatures requesting that the general district election be held was not filed by the 83rd day prior to the date set for the election.
A Certificate of these facts is attached. As mandated under Section 10515 of the Election Code, the Registrar of Voters requests that the Board of Supervisors appoint in lieu of election a qualified person to a four-year term as Director of the Santiago Geologic Hazard Abatement District, ending at noon on December 4, 2026.
Additionally, a vacancy arose on the SGHAD Board of Directors when a duly appointed candidate for the remaining term as a Director of the Santiago Geologic Hazard Abatement District, ending at noon on December 4, 2026, failed to take the oath of office after December 2, 2022, the date the candidate was required to take office.
Pursuant to Government Code section 1780, the SGHAD Board of Directors had authority within 60 days of the effective date of this vacant office to appoint a qualified candidate or to call an election to fill the vacancy. The effective date of the vacancy was on or about December 2, 2022, which was the first day of the new four-year term. The SGHAD Board of Directors did not act to fill the vacancy by January 31, 2023, which was 60 days after the effective date.
Pursuant to Government Code section 1780, the Board of Supervisors has the authority from 61 days to 90 days after the effective date to fill the vacancy by appointment or by directing the SGHAD Board of Directors to call an election. The Board of Supervisors’ deadline to fill this vacancy is March 2, 2023.
As this vacancy occurred in the first half of the four-year term of the office and more than 130 days before the SGHAD’s next regularly scheduled election, the applicant will serve on the SGHAD Board of Directors until a candidate is elected in the 2024 Presidential General Election. The person elected in 2024 will serve in this office for the final two years of the term, starting on December 6, 2024.
As mandated under Section 1780 of the Government Code, the Registrar of Voters further requests the Board of Supervisors appoint a qualified candidate to fill a vacancy on the SGHAD Board of Directors that has arisen after December 2, 2022.
Letters and resumes for the recommended appointees from the Santiago Geologic Hazard Abatement District requesting appointment of the above mentioned individuals to the SGHAD Board of Directors are attached.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Certificate of Nominee to be Appointed In
Lieu of Election
Attachment B - Elections Code section 10515
Attachment C - Government Code section 1780
Attachment D - Letters and Resumes