DATE: November 5, 2024
TO: Board of Supervisors
SUBMITTED BY: Bernice E. Seidel, Clerk of the Board
SUBJECT: Appointment of Directors to Mercy Springs Water District in accordance
with California Elections Code Section 10515(b)
RECOMMENDED ACTION(S):
TITLE
Consider and appoint candidates Juan Cadena and Richard Wathen to the Mercy Springs Water District Board of Directors to full-terms expiring December 1, 2028.
REPORT
In accordance with California Elections Code Section 10515, approval of the recommended action will allow your Board to appoint directors to the Mercy Springs Water District (District) Board. This item pertains to District 1.
ALTERNATIVE ACTION(S):
If the recommended action is not approved, the two (2) director positions will remain vacant for the District Board; subsequently, the District Board will have only one (1) director serving, and the District Board will be unable to meet and conduct its business until the Board of Supervisors makes appointments to this District Board.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action.
DISCUSSION:
In accordance with Elections Code Section 10515(b), the Board of Supervisors, as the supervising authority, shall appoint any person to an office who is qualified on the date when the election would have been held if no person has filed a declaration of candidacy for the office.
There are five (5) positions on the District Board. Two (2) positions are currently vacant, and three (3) positions expire on December 6, 2024. The District submitted to the Clerk of the Board’s office a Certification of Facts which listed only one (1) individual filing a declaration of candidacy: incumbent Director Palmer McCoy. On October 22, 2024, your Board approved the appointment of Director McCoy in lieu of an election to a term to expire December 1, 2028.
Incumbent Directors Juan Cadena and Richard Wathen were previously appointed in lieu of election under Elections Code Section 10515 by your Board on November 19, 2019, for a term effective December 6, 2019, and expiring December 1, 2023. The District later moved to even-year elections upon your Board’s approval on September 6, 2022, which extended these terms to 2024.
Directors Cadena and Wathen did not file timely declarations of candidacy for their District’s 2024 election. Despite this, both Directors have expressed interest in continuing to serve on the District Board and submitted to the District the applications confirming their qualifications to serve on the District Board.
If appointed by your Board, Directors Cadena and Wathan will serve for a term effective December 6, 2024, and expiring on December 1, 2028.
REFERENCE MATERIAL:
BAI #11.1, October 22, 2024
BAI #9, September 6, 2022
BAI #23, November 19, 2019
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - BCC Application (Cadena)
On file with Clerk - BCC Application (Wathen)
CAO ANALYST:
Ahla Yang