After deadlock, Diablo Grande gets new water district director. Residents criticize board
The Stanislaus County Board of Supervisors appointed a new director to the financially troubled Western Hills Water District.
The county last week selected Diablo Grande resident Julie Davis, filling a position that had gone vacant for three months after the resignation of Barry Ivy, who moved away.
A real estate broker who sells homes in the Diablo Grande community, Davis was not immediately available for comment. Supervisor Jim DeMartini, whose district covers the area, said she was the best of four applicants.
In November, four water district board directors deadlocked on appointing a candidate and adjourned until its next meeting Jan. 13. Under California law, the board was required to either appoint a replacement or call for a special election within 60 days of the resignation. In emailed comments to county supervisors, Diablo Grande residents slammed the board for its delay.
“The lack of regard for the water codes, as well as unethical practices by the board, and the inability to fill the board position that has been vacant since Sept. 1, 2020, per Government Code 1780, has become extremely worrisome to us as residents,” two residents wrote. “It is clear that neither the well-being of the community, nor the law, is being taken into consideration by WHWD.”
Western Hills Water District also failed to notify the county of the vacancy within 15 days following its effective date, County Counsel Thomas Bose said during the meeting Tuesday. Instead of ordering an election, the county board made the appointment, which the same government code allows. DeMartini called the water district problematic and said it seems ineffective.
Formed in 1992, the public district provides water, sewer and storm drainage services in the Diablo foothill mountain range west of Patterson.
The district has not made payments to the Kern County Water Agency, DeMartini said, warning that the agency could shut off the district’s access to water from the California Aqueduct. The district pays the agency for surface water from the State Water Project delivered via the aqueduct.
“If they don’t resolve what they’re going to do with the water, we really have a big problem that I don’t think this county can handle,” DeMartini said in the meeting. “We’ve had problems in the past with certain wells going dry around the county and we were able to get water out there until people could build new wells. But a whole town being without water would be a disaster.”
Diablo Grande residents sign petition
About 1,350 people live in Diablo Grande, and nearly 190 residents signed a petition asking the water district to not appoint a representative of Angels Crossing LLC, the community’s new property owner. Only residents, landowners and representatives of a company owning land within the district may serve on the board.
DeMartini moved to select Davis, who was not among the three candidates the water district considered last month. The supervisors appointed her unanimously, with Supervisor Terry Withrow abstaining because one of the applicants is his client.
Matthew Manning, president of the Western Hills Water District Board of Directors, said the district is aware of how the county appointed Davis. Manning declined to comment on any other matters, including DeMartini’s statements about missing payments to the water agency.
“We are encouraged by this appointment and look forward to working with her on matters pertaining to the water district,” Manning wrote in a text to The Bee.
The Kern County Water Agency could not immediately comment on payments by the district, spokesperson Jeanne Varga told The Bee. As of June 2019, the district’s most recent available financial statements show it was insolvent with a deficit net position of $18.4 million. The district is funded by service charges, property taxes and special taxes related to assessment districts, according to the statements.
As a result of the appointment, Davis will serve the remainder of the Western Hills Water District Board term expiring Dec. 3, 2021.
Davis is the second appointment to a vacant position on the board in the last five months. Director Douglas Kearney resigned in June and the board appointed Zechariah Manning in July, meeting minutes show.
This story was originally published December 7, 2020 at 4:00 AM.