MEETING DATE: 2/5/2019
DEPARTMENT: COUNTY CLERK-AUDITOR-RECORDER ELECTIONS
DEPT HEAD/DIRECTOR: Joe Paul Gonzalez
AGENDA ITEM PREPARER: Angela Curro
SBC DEPT FILE NUMBER: 285
SUBJECT:
COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ
Adopt Resolution. approving the Second Amendment to the By-laws of the Pacheco Pass Water District.
SBC FILE NUMBER: 285
RESOLUTION NO: 2019-11
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
The Pacheco Pass Water District (the "District") is a California Water District established pursuant to California Water Code section 34000 et seq. Furthermore, the District is a landowner voting district, not resident voting (registered voters), the majority of which is located in San Benito County and a small portion in Santa Clara County. San Benito County is the principal county of the District.
The District's five-member Board of Directors (the "Board") recently voted (unanimously) to amend its Bylaws. The amendments are, in pertinent part, as follows:
- DATE: To change the date of its elections from the Statewide General Election to the last Tuesday of July of every odd year consistent with California Water Code Section 35100 [conformity with UDEL] and California Elections Code Section 10555 [no consolidation with resident voting district election]. (See also, Elections Code Section 10502, subd. (b) [election may not be held on same day as a regularly scheduled election]; Compare, Water Code Section 34025 [scheduling general district election on same date applicable to resident voting districts under Elections Code Section 1000, subd. (c)].)
- MANNER: To change the manner in which an election is conducted to be by all-mail ballot. (See Elections Code Section 10502, subd. (b); See also, California Elections Code Section 10555 [cannot consolidate with all-mail resident voting district election held pursuant to Elections Code Section 4000 et seq. on dates listed in Elections Code Section 1500].)
- It should be noted that in the event the District, by resolution, requests the County Elections Official conduct the (all-mail ballot) election for the District, said District shall be required to reimburse the County. (See Elections Code Section 10502, subd. (b).)
- OFFICERS: To change the date when a newly elected Board member shall take office from the last Friday in November to the first Friday in December following a general district election, in conformance with California Water Code Section 34701. (See also, Water Code Section 35100 [conformity with UDEL].)
- NOMINATIONS: Sets forth the procedure to be nominated as a candidate.
- CONFLICT: Added article regarding priority of provisions in event of conflict.
The District's Board of Directors is respectfully requesting the approval of the amended Bylaws by the Board of Supervisors, pursuant to California Water Code Section 35305 [requiring 4/5ths vote of the District's directors and approval of the Board of Supervisors of the principal county]. Upon approval by the County, the District shall certify and record the bylaws in each affected county, i.e., Santa Clara County and San Benito County. (Water Code Section 35306.)
BUDGETED:
No