DATE: January 28, 2025
TO: Board of Supervisors
SUBMITTED BY: Bernice E. Seidel, Clerk of the Board
SUBJECT: Silver Creek Drainage District Certificates of Appointment Revisions
RECOMMENDED ACTION(S):
TITLE
Approve revisions to the Certificates of Appointment for the Silver Creek Drainage District Board of Directors for Christopher Allen (Division 1), Daniel McCurdy (Division 2), and Darcy Villere (Division 5), previously issued on November 28, 2023.
REPORT
Approval of the recommended action will make corrections to the term expiration dates on the Certificates of Appointment for Christopher Allen (Division 1), Daniel McCurdy (Division 2), and Darcy Villere (Division 5) of the Silver Creek Drainage District (“District”) Board. This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. The recommended revisions to the Certificates of Appointment will reflect the correct term of office for these directors pursuant to California Water Code Appendix Sections 8-12 and 8-17.
FISCAL IMPACT:
There is no Net County Cost (NCC) associated with the recommended action.
DISCUSSION:
The District is governed by the California Water Code Appendix and operates pursuant to the Drainage District Act of 1903, Water Code Appendix Sections 8-1, et seq. The District was formed in 1982 and is intended to provide drainage-related services for territory within its service area. Under certain circumstances, the Board of Supervisors has the authority to appoint directors to the District Board, which consists of five (5) director positions organized by division. The District’s directors serve staggered four-year terms of office that expire on the last Friday in November (Water Code Appendix Section 8-17).
For several reasons, including inactivity for over a decade and a fire, many of the District’s historical records have been lost or destroyed, resulting in inconsistencies with records of the District and, consequently, the County. Staff has found that the term expiration dates for three (3) of the five (5) director positions are inaccurate, and on January 14, 2025, the Clerk of the Board’s office alerted the District of staff’s findings. The District has recently resumed activity, and the District Board is currently at full membership. Due to the inconsistencies affecting the current roster, staff recommends the following corrections to the term expiration dates on the affected directors’ Certificates of Appointment, which were originally issued on November 28, 2023, following the Board’s appointment of the directors based on the District’s Certificate of Facts received in accordance with California Elections Code Sections 10515:
Current Roster: Corrected Roster:
Division 1 (Christopher Allen) Division 1 (Christopher Allen)
- Expires December 3, 2027 - Expires November 28, 2025
Division 2 (Daniel McCurdy) Division 2 (Daniel McCurdy)
- Expires December 3, 2027 - Expires November 28, 2025
Division 3 (Joel Allen) Division 3 (Joel Allen)
- Expires November 28, 2025 - Expires November 28, 2025
Division 4 (Mark Coit) Division 4 (Mark Coit)
- Expires November 26, 2027* - Expires November 26, 2027*
Division 5 (Darcy Villere) Division 5 (Darcy Villere)
- Expires December 3, 2027 - Expires November 26, 2027
*On December 3, 2024, the Board of Supervisors appointed the current incumbent to serve a short term to expire November 28, 2025.
Approval of the above corrections will remedy the past inconsistencies and inaccuracies with the District’s roster records and the directors’ Certificates of Appointment. If approved by your Board, the District will be notified of the approved corrections, which will enable the District Board to meet and call their 2025 general election for the appropriate positions.
REFERENCE MATERIAL:
BAI #25, December 3, 2024
BAI #28, September 10, 2019
CAO ANALYST:
George Uc