Title
Clerk of the Board, based upon the recommendation of the Tahoe Resource Conservation District, recommending the Board make the following appointments to the Tahoe Resource Conservation District:
Reappoint John Thiel, Director, Term Expiration 11/01/2020 (Four-year term); and
Appoint Danielle Hughes, Director, Term Expiration 11/01/2020 (Four-year term).
FUNDING: N/A
Body
DEPARTMENT RECOMMENDATION
The Clerk of the Board recommends the Board proceed with the appointments to the Tahoe RCD.
DISCUSSION / BACKGROUND
On November 1, 2016 (Item 3) the Board directed the Clerk of the Board to collaborate with Supervisor Novasel and the Placer County Board (via the Clerk of the Board) to determine if any departure from past practice regarding the Tahoe RCD appointments was desired, pursuant to the Tahoe RCD Resolution 90-2. On December 5, 2016, the Clerk of the Board from Placer County responded to the Clerk of the Board that no changes from the past practice of the El Dorado County Board of Supervisors performing these appointments was necessary, confirmed by the Placer County Counsel. As a result, the Clerk brings this item for appointments to the Board.
The Clerk of the Board notified the Tahoe Resource Conservation District of the upcoming term expirations of two Directors to the District. The Clerk of the Board posted a Notice of Vacancy for the two appointments on October 18, 2016. The Clerk of the Board received a recommendation from the Tahoe Resource Conservation District to reappoint John Thiel and to appoint Danielle Hughes to replace Garry Bowen to the Tahoe Resource Conservation District. Directors serve a four-year term.
The Tahoe Resource Conservation District passed Resolution 90-2 on June 12, 1990 "which as an alternative to the election of directors, board of directors may, by resolution present to the Board of Supervisors of the principal county, request the Board of Supervisors to appoint directors, except those first elected."
Over the years, the process for appointing directors to the Tahoe RCD has been inconsistent. This agenda item serves to ensure compliance with state law going forward.
The Tahoe RCD was established by the California State Legislature in 1974. Public Resources Code (PRC) section 9314(b)(1) provides an alternative to an election of Tahoe RCD directors if they adopt a resolution which is subsequently presented to the Board of Supervisors of the principal county requesting the Board appoint Tahoe RCD directors (except those first elected).
As demonstated in the attached supporting documents, the Tahoe RCD adopted Resolution 90-2 on June 12, 1990 which authorized the El Dorado County Board of Supervisors (as the principal county) to appoint directors to the Tahoe RCD . PRC 9314(b)(1) states in part that "The Board of Supervisors shall appoint directors after consultation with the Board of Supervisors of any other county which contains any part of the district, from those candidates who have filed an application with the Board of Supervisors." The boundaries of the Tahoe RCD are predominently within El Dorado County with a portion in Placer County.
Pursuant to Tahoe RCD Resolution 90-2, an election is not necessary. The Clerk of the Board posted a Notice of Vacancy pursuant to PRC 9314(b)(1) and Government Code 54974 on October 18, 2016.
It is important to note that PRC 9314(b)(4) states in full, "If the Board of Supervisors does not conduct interviews of potential candidates or make an appointment within 60 days after the expiration of the term, the board of directors may make the appointment." The terms of the two incumbants expire November 1, 2016.
For more information on Boards, Commissions or Committees, go to http://www.edcgov.us/Commissions.aspx. For more information on the Tahoe Resource Conservation District, go to http://www.edcgov.us/commissiondetail.aspx?BoardNumber=75.
ALTERNATIVES
The Board may choose to take no action, leaving the appointments to the District itself, pursuant to PRC 9314(b)(4).
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Placer County Board of Supervisors
Tahoe Resource Conservation District
CAO RECOMMENDATION
Approve the Clerk of the Board's recommendation.
FINANCIAL IMPACT
There is no direct fiscal impact, aside from staff time.
CLERK OF THE BOARD FOLLOW UP ACTIONS
No follow up action necessary at this time.
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
Jim Mitrisin