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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
County Counsel
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DATE:
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September 28, 2009
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BOARD MEETING DATE:
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October 6, 2009
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Michael P. Murphy, County Counsel
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SUBJECT:
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Process to Appoint a Member to the Board of Directors of the Mid-Peninsula Water District
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RECOMMENDATION:
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Approve the proposed process to appoint a member to the Board of Directors of the Mid-Peninsula Water District.
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BACKGROUND:
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The Mid-Peninsula Water District supplies water to consumers in an area slightly larger than the city limits of the City of Belmont. Small portions of the service area are within the limits of the City of San Carlos, Redwood City, and parts of the unincorporated County of San Mateo. The District’s service territory covers approximately 5 square miles and serves approximately 28,000 people.
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The Mid-Peninsula Water District has five members on its Board of Directors. Three of those seats are up for election at the November 3, 2009 consolidated election and there are only two candidates. Pursuant to Elections Code § 10515, these two candidates are appointed by the “supervising authority” which in the case of a special district, is the Board of Supervisors. The Board has no discretion with regard to these appointments. The appointment for these two candidates will occur when the Elections Official brings the certificate of the vote to the Board on December 1.
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In regards to the third seat, for which there is no candidate, the Board also makes this appointment pursuant to Elections Code § 10515. The Elections Code does not set forth a deadline for the Board to make this appointment nor does it set forth a required process for the Board to use to make the appointment. The only requirement is that the appointee must be a registered voter within the District as of November 3, 2009.
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DISCUSSION:
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Board President Church discussed this matter with Joan Cassman of the Hanson, Bridgett firm, counsel for the District, to solicit the input from the District regarding the appointment process. Because most of the District lies within Supervisor Groom's supervisorial district, Supervisor Church and Supervisor Groom discussed the matter and developed the following process:
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(1)
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The District will provide to any person desiring to seek the appointment reasonable notice and opportunity to apply.
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(2)
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The District Board will forward to the Clerk of the Board of Supervisors a list of all candidates and their applications, and shall designate on the list the top three candidates in order of preference.
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(3)
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All candidates on the list, and their supporters, may give presentations of up to ten minutes in total to the Board of Supervisors at the December 1, 2009 Board meeting.
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(4)
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The Board will make its selection, and appointment, at the close of the presentations.
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FISCAL IMPACT:
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None.
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