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HomeMy WebLinkAbout7 Vacancy Nevada County Local Agency Agenda Item # 7 Public Utility District ACTION To: Board of Directors From: Michael D. Holley Date: March 03, 2010 Subject: Consideration of a Nomination to Fill a Vacancy on the Nevada County Local Agency Formation Commission 1. WHY THIS MATTER IS BEFORE THE BOARD This item involves nominating a candidate to serve as a District Member on the Nevada County Local Agency Formation Commission (LAFCO). Only the board can make such a nomination. 2. HISTORY When a vacancy occurs in the position of special district representative on LAFCo, it has been the practice to begin the process of selecting a replacement by asking the member agencies to nominate candidates. After the nomination process is completed, the special districts are then asked to vote for a person to fill the vacancy. 3. NEW INFORMATION Attachment 1 is a letter from Katherine Hudson, Clerk/Analyst of the Nevada County LAFCo informing us that John Drew's term ends in May 2010. LAFCo is requesting nominations for the next four-year term of a regular(voting) District Member, which will end May 6, 2013. Mr. Drew, of the Nevada Irrigation District Board of Directors, has been representing the special districts of Nevada County since August 2006. The District may make a nomination; however, the District is not required to make any nomination. Any nomination must be made by resolution (See Attachment 2). Current Commissioners are Robert Bergman, John Drew, Kurt Grundel, Paul Norsell, Ted Owens, Lisa Swarthout and Hank Weston. Alternate Commissioners are: Richard Anderson, Nate Beason, Ed Beckenbach and Josh Susman. Timeline: • Resolution and resume of nominee(s) must be received by LAFCo by March 12, 2010 • LAFCo prepares the ballot and sends to each Independent Special District • TDPUD Board action on the ballot • Ballot must be returned to LAFCo no later than the date stated on the ballot (35 days) • Votes are tallied by LAFCo staff in presence of a disinterested third party 4. FISCAL IMPACT There is no direct fiscal impact with this item. 5. RECOMMENDATION Adopt the resolution nominating a TDPUD Board Member to the position of a regular District Member of the Nevada County Local Agency Formation Commission. /V1 0-�� ---------- - --- Michael D. Holley General Manager Attachment 1 -03-10A10 : 24 RCVD Nevada County LAFCo Local 950 Maidu Avenue Agency Nevada City, CA 95959-8617 Formation Phone 530 265 7180 Commission Toll Free 888 846 7180 Fax 530 265 9862 E mail lafco@co.nevada.ca.us Webpage nclafco.com Robert Bergman February 1,2010 Cities John Drew Districts Kurt Grundel Districts TO: Boards of Directors of Independent Special Districts Paul Norsell Public FROM: Katherine E. Hudson, Clerk/Analyst j Ted Owens RE: Nominations for District Member of LAFCo County Lisa Swarthout,Vice Chair In August 2006, John Drew, of the Nevada Irrigation District Board of Cities Directors, was elected to a District Member position on Nevada LAFCo by the Hank Weston,Chair independent special districts of Nevada County for a term ending May 3, 2010. County It is therefore time to request nominations for the next four-year term of a regular (voting) District Member, which will end May 5, 2014. Richard Anderson Commissioners are appointed for four-year terms pursuant to Government Cities Alternate Code Section 56334. Terms expire on the first Monday in May of the ending Nate Beason County Alternate year or upon the appointment and qualification of a successor. An explanation Ed Beckenbach of the responsibilities of a LAFCo Commissioner is attached. Districts Alternate Following are the steps of the nomination and election process: Josh Susman 1. This request for nominations is sent to each Independent Special Public Alternate District. (To provide districts the maximum time to act, we also send the notice by fax and email to those districts that can be reached by SR Jones those methods.) Executive Officer 2. Each district may make one nomination;districts are not required to P.Scott Browne make any nomination,however. Nominations must be made by district Legal Counsel resolution; a sample resolution is enclosed for your guidance. Katherine E.Hudson Nominees must be Board members, not staff. Clerk to the Commission Kate Duroux 3. Nominating districts may also forward brief resumes for their Assistant Clerk nominees, one paragraph or so in length, describing the qualifications they have for this position. The resolution and resume must be received by LAFCo no later than Friday, March 12,2010. (Faxed copies followed by the originals will be accepted.) 4. Upon receipt of nominating resolutions and resumes, LAFCo staff will prepare the ballot and send it to each Independent Special District. (Resumes for nominees will be copied and included in the ballot packet.) The ballot may not be photocopied—only the original ballot 2 will be accepted by LAFCo. Only the Chairperson of the Board of Directors or an appointed substitute may complete and sign the ballot. 5. The ballot must be returned to LAFCo no later than the date stated on the ballot. (To make sure every district has an opportunity to consider its vote at a regularly scheduled meeting, 35 days is generally allowed for return of ballots.) 6. The votes will be tallied by LAFCo staff in the presence of at least one disinterested third ply. Results of the election for the LAFCo Special District member will be sent to each Special District and each nominee. The attached resolution may be used if your Board so desires. The resolution of nomination must be returned no later than March 12, 2010,to the following address: Nevada LAFCo 950 Maidu Avenue Nevada City, CA 95959 If there are any questions, please call the LAFCo office at the number listed on the previous page. cc: Hank Weston, Chair Commissioner Beckenbach Commissioner Drew Commissioner Grundel encl.: Responsibilities of a LAFCo Commissioner Sample Resolution of Nomination PLEASE NOTE: The difficulty experienced in previous efforts to obtain a quorum for an in- person meeting of the Special District Selection Committee to select a LAFCo member has resulted in reinstatement of the mail ballot procedure. Please note, however, that the choice of method is the prerogative of the Independent Special Districts of Nevada County, not LAFCo. Districts that would prefer to have the Selection Committee meet in person to submit nomina- tions and conduct an election may submit a written request to the LAFCo office. If a majority of the districts sign such a request, that method will be used for the next election of a district member or alternate. Responsibilities of a LAFCo Commissioner What is LAFCo? The Local Agency Formation Commission(LAFCo) is an independent public agency with authority over local government agency changes of organization—that is, annexations, de- tachments, and consolidations of cities or districts, formation and dissolution of Special Districts, and incorporation and disincorporation of cities. Additionally, LAFCo is respon- sible for adopting a Sphere of Influence for each agency in the county. The Sphere of Influence is a plan for an agency's probable future boundaries and should represent a logi- cal growth plan for the agency. LAFCo's Composition The Commission is composed of two Special District Members (elected by the Indepen- dent Special Districts); two County Members (appointed by the Board of Supervisors); two City Members (appointed by the City Selection Committee); and a Public Member (appointed by the other LAFCo Commissioners). In addition, each category has an Alternate Member who votes in the absence of one of the members of that category. Alternate Members attend all meetings and participate in discussion. The Commissioner's Role LAFCo Commissioners approve or deny proposals for changes in organization based on the procedures and standards of the Cortese-Knox-Hertzberg Local Government Reor- ganization Act of 2000 (Government Code Sections 56000 et seq.). Additionally, LAFCo is subject to the California Environmental Quality Act, as are all public agencies. LAFCo Commissioners are required to file an annual Statement of Economic Interest, Form 700, as prescribed by the Fair Political Practices Commission, and to observe the LAFCo Conflict of Interest Code. Commissioners, including alternates, are also required to complete two hours of ethics training in compliance with AB 1234 within one year of their election (County, City, and District members) or appointment (Public members) and every two years thereafter. LAFCo Meetings The Commission usually meets at 9:30 a.m. on the third Thursday of each month in Nevada City; meetings are occasionally held elsewhere and at other times. Commissioners are expected to attend all meetings and participate in the deliberation process. LAFCo also has an appointed staff to coordinate meeting logistics and to research and make recom- mendations on proposals before the Commission. Attachment 2 ■ MM ■ ■ a. Public Utility District 1 x resolution No. 2010 - XX MAKING NOMINATION TO THE POSITION OF SPECIAL DISTRICT MEMBER OF THE NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has received notice of the request for nominations for a Special District Member position on the Local Agency Formation Commission of Nevada County, pursuant to Section 56332 of the Government code; and WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has considered and determined to nominate the individual named below to serve on Nevada County LAFCo as the Special District Member; NOW, THEREFORE, BE IT RESOLVED, the Board of Directors nominates for Special District Member with a term to expire in May 5, 2014. ' The forgoing resolution was duly passed at a regular meeting of the Truckee Donner Public Utility District held on March 3, 2010, by the following roll call. AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President ATTEST: Michael D. Holley, District Clerk ................................................................................... I hereby accept nomination for the position of Special District Member of Nevada LAFCo for the term ending May 5, 2014. Name (Printed): Signature: