BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Vacancy on the Santa Clara Valley Water District Public Facilities Financing Corporation Board of Directors Resulting from the Resignation of Anthony Bennetti; Resolution of Appreciation for Mr. Bennetti; and Appointment of Replacement.
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RECOMMENDATION:
Recommendation
A. Accept Resignation of Public Facilities Financing Corporation Director Anthony Bennetti;
B. Adopt the Resolution EXPRESSING APPRECIATION TO ANTHONY BENNETTI;
C. Discuss the Public Facilities Financing Corporation Board of Directors vacancy and provide direction to the Clerk of the Board as to how the Board wishes to fill the vacancy; and
D. Adopt a Resolution FILLING THE VACANCY ON THE PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS.
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SUMMARY:
The Santa Clara Valley Water District Public Facilities Financing Corporation (PFFC) is a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California to provide assistance to the District in financing the acquisition, construction, and improvement of public buildings, works, and equipment for the District, together with site development, landscaping, utilities, furnishings, and appurtenant and related facilities.
On September 20, 2018, Mr. Anthony Bennetti, PFFC Director, notified the Clerk of the Board by email (Attachment 1) of his resignation from the PFFC Board effective immediately, due to moving out of the county. A Resolution of Appreciation is attached for your consideration (Attachment 2).
In accordance with the PFFC Articles of Incorporation and By-Laws (Attachment 3), the Board of Directors of the PFFC consists of five members appointed by the District’s Board of Directors. PFFC Board members hold office until death, resignation, or removal.
The District’s Board of Directors last filled a PFFC Board vacancy in September 2017 which was created by the resignation of a director for personal reasons. After interviewing two candidates, the District Board appointed Mr. Spencer Horowitz to serve on the PFFC Board of Directors.
Recruitment Options
The following are options the District Board may wish to consider in filing the PFFC Board vacancy:
• When the District Board last conducted interviews in February of 2017 there were two candidates. One option could be to request the Clerk of the Board to contact the candidate who was previously interviewed, but not selected, Mr. Jan Garrod, and determine his current interest in serving on the PFFC Board; and if he’s still interested, schedule a time for a District Board interview. Attached for information is a copy of Mr. Garrod’s application (Attachment 4).
• Another option could be to request the Clerk of the Board advertise the PFFC Board vacancy to solicit Letters of Interest, determine an application deadline, and schedule a time for District Board interviews.
• A final alternative option could be to adopt a resolution (Attachment 5 - sample resolution of appointment) making an appointment to the PFFC Board filling the current vacancy.
FINANCIAL IMPACT:
If the Board chooses to solicit Letters of Interest, funds to advertise the vacancy will be paid from the Clerk of the Board Fiscal Year 2019 budget.
CEQA:
The recommended action is a ministerial action and thus is not subject to the requirements of CEQA.
ATTACHMENTS:
Attachment 1: Resignation - Bennetti
Attachment 2: Resolution of Appreciation
Attachment 3: PFFC Articles of Incorporation & By-Laws
Attachment 4: Application - Garrod
Attachment 5: Sample Appointment Resolution
UNCLASSIFIED MANAGER:
Manager
Michele King, 408-630-2711