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M-8MLPRPRCOPS(ES)PS(MS)CAMINO TASSAJARAE R T Y R D BOLLINGER CANYON RDWINDEMERE PKWYE VALLEY RDEAST BRANCH PKWYOLD RANCH RDOSPS(Camp Parks)MLPRMLSMSHSMSMSMMLSMMLSMMHPS(HS)OSSHSMPS(MS)MSMMLPRSHSPS(ES)PS(ES)PRPS(ES)PSCOPRPRSMPRPRPRPRPRPRPRPRPRPRPSPRPRPSPRPROSLV0Staging AreaStaging AreaCommunityParkCommunityPark &Alameda CountyContra Costa County
!!!!!!!!!!!!!!TracyNewarkDublinFremontHaywardMilpitasDanvilleLivermoreSan RamonPleasantonCherrylandUnion CityCastro ValleyBlackhawk-Camino Tassajara.LEGENDZone 7 Water AgencyCounty Lines!CityMajor Roads and Highways02.551.25Miles!"#$580£¤84Contra Costa CountySanta Clara CountySan Joaquin CountyAlameda CountyDougherty ValleyZone 7 Boundary£¤84!"#$205!"#$580!"#$580!"#$680!"#$680!"#$880Stanislaus County(former Zone 7 of ACFCWCD)Alameda CountyAlameda County
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
AMENDED IN SENATE APRIL 9, 2012
SENATE BILL No. 1337
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Introduced by Senator DeSaulnier
(Coauthor: Senator Hancock)
(Coauthor: Assembly Member Buchanan)
February 24, 2012
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An act to create the Zone 7 Water Agency, and prescribing its
boundaries, organization, operation, management, financing, and other
powers and duties, to amend Section 2 of, and to repeal Section 36 of,
the Alameda County Flood Control and Water Conservation District
Act (Chapter 1275 of the Statutes of 1949), relating to water districts.
legislative counsel’s digest
SB 1337, as amended, DeSaulnier. Zone 7 Water Agency Act.
Existing law, the Alameda County Flood Control and Water
Conservation District Act, establishes the Alameda County Flood
Control and Water Conservation District and grants to the district
authority relating to, among other things, flood control and stormwater.
Under the district law, the Board of Supervisors of Alameda County
serves as the Board of Supervisors of the Alameda County Flood Control
and Water Conservation District.
The district law authorizes the board of the district to establish zones
and provides for the formation of a zone lying, in whole or in part, in
Pleasanton or Murray Townships. That zone is required to be governed
by a board of 7 directors who are required to be elected by the voters
residing within that zone.
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This bill would remove Zone 7 from the Alameda County Flood
Control and Water Conservation District and instead create the Zone 7
Water Agency, as prescribed, with specified authorizations, powers,
and duties.This bill would permit the Alameda County Local Agency
Formation Commission to exclude some or all of the agency’s territory
from the boundaries of the district and would eliminate from the district
act provisions relating to the governance of a zone lying, in whole or
in part, in Pleasanton or Murray Townships.This bill would authorize
the agency to continue to impose any special taxes based upon assessed
value or any other special taxes, assessments, or charges imposed by
or on behalf of the former Zone 7, would authorize the agency to impose
new special taxes or levy assessments, as prescribed, and would require
any taxes or assessments to be levied and collected together with taxes
for county purposes, as specified. This bill would also authorize the
agency to designate the county treasury as its treasury, as prescribed.
By imposing new duties on a county, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1. This act shall be known as the Zone 7 Water
Agency Act, and reads as follow:
ZONE 7 WATER AGENCY ACT
1. This act shall be known and may be cited as the Zone 7 Water
Agency Act.
2. (a) A flood control and water district called the Zone 7 Water
Agency is hereby created. This agency shall consist of all the
territory in the Counties of Alameda and Contra Costa generally
described as “Eastern Alameda County (the former Zone 7 of the
Alameda County Flood Control and Water Conservation District
which includes the City of Pleasanton, the former Murray
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Township, and a portion of the former Washington Township) and
the Dougherty Valley in the southern part of the City of San
Ramon.”
(b) Authority for providing The authority to provide flood
protection that was granted to the western portion of Alameda
County, including all other zones within the Alameda County
Flood Control and Water Conservation District (Chapter by
Chapter 1275 of the Statutes of 1949) shall stay with the Alameda
County Flood Control and Water Conservation District and that
authority 1949 remains unchanged by this act for the western
portion of Alameda County, including all other zones within the
district except Zone 7.
(c) Pursuant to Section 56387 of the Government Code, the
County of Alameda is hereby designated to be the principal county
for the agency.
3. (a) The objects and purposes of this act are to provide
regional flood control, water supply reliability, and groundwater
management as follows, to provide for the control of the flood and
storm waters of said district and the flood and storm waters of
streams that have their source outside of said district, but which
streams and the flood waters thereof flow into said district, and to
conserve such waters for beneficial and useful purposes by
spreading, storing, retaining and causing to percolate into the soil
within said district, or without such district, such waters, or to save
or conserve in any manner all or any of such waters and protect
from such flood or storm waters the watercourses, watersheds,
harbors, public highways, life and property in said district, and to
prevent waste of water or diminution of the water supply in, or
exportation of water from said district and to obtain, retain and
reclaim drainage, storm, flood and other waters for beneficial use
in said district, and to engage in recreation activities incidental to
and in connection with said purposes.
(b) It is the intent of the Legislature that the agency work
collaboratively with other appropriate entities in the Counties of
Alameda and Contra Costa in carrying out the purposes of this act.
4. As used in this
act “agency” means the Zone 7 Water Agency.
5. The agency is hereby declared to be a body corporate and
politic and, in addition to other powers granted by this act, may
take action to carry out all of the following purposes:
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(a) To have perpetual succession.
(b) To sue and be sued in the name of the agency in all actions
and proceedings in all courts and tribunals of competent
jurisdiction.
(c) To adopt a seal and alter it at its pleasure.
(d) (1) To acquire by grant, purchase, lease, gift, devise,
contract, construction, or otherwise, and to hold, use, enjoy, sell,
let, and dispose of real and personal property of every kind,
including lands, structures, buildings, rights-of-way, easements,
and privileges, and to construct, maintain, alter, and operate any
and all works or improvements, within or outside the agency,
necessary or proper to carry out any of the objects or purposes of
this act and convenient to the full exercise of its powers, and to
complete, extend, add to, alter, remove, repair, or otherwise
improve any works, or improvements, or property acquired by it
as authorized by this act.
(2) All land and rights-of-way previously held by the Alameda
County Flood Control and Water Conservation District within the
territory of the agency shall be transferred to the agency on the
effective date of this act without any cost to the agency or district
other than administrative costs incurred to transfer titles, which
shall be borne by the agency.
(e) (1) To store water in surface or underground reservoirs
within or outside of the agency for the common benefit of the
agency and to conserve, reclaim, recycle, treat, purify, distribute,
store, and manage water for present and future use within the
territory of the agency.
(2) To appropriate and acquire water and water rights, and
import water into the agency and to conserve within or outside the
agency, water for any purpose useful to the agency.
(3) To do any and every lawful act necessary to be done that
sufficient water may be available for any present or future
beneficial use or uses of the lands or inhabitants within the agency,
including, but not limited to, the acquisition, storage, treatment,
and distribution of water for irrigation, domestic, fire protection,
municipal, commercial, industrial, environmental, institutional,
recreational, and all other beneficial uses.
(4) To distribute, sell, or otherwise dispose of, outside the
agency, any waters not needed for beneficial uses within the
agency.
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(5) To commence, maintain, intervene in, defend, or
compromise, in the name of the agency on behalf of the landowners
within the territory of the agency, or otherwise, and to assume the
costs and expenses of any action or proceeding involving or
affecting the ownership or use of waters or water rights within or
outside the agency, used or useful for any purpose of the agency
or of common benefit to any land situated within the territory of
the agency, or involving the wasteful use of water within the
territory of the agency. To commence, maintain, intervene in,
defend, and compromise, and to assume the cost and expenses of,
any and all actions and proceedings. Provided, however, that the
agency shall not have the power to intervene or take part in, or to
pay the costs or expenses of, actions or controversies between the
owners of lands or water rights that do not affect the interests of
the agency.
(6) To prevent interference with or diminution of, or to declare
rights in the natural flow of any stream or surface or subterranean
supply of water used or useful for any purpose of the agency or of
common benefit to the lands within the agency or to its inhabitants.
(7) To prevent unlawful exportation of water from the agency.
(8) To prevent contamination, pollution, or otherwise rendering
unfit for beneficial use the surface or subsurface water used or
useful in the agency, and to commence, maintain, and defend
actions and proceedings to prevent any interference with the
described waters as may endanger or damage the inhabitants, lands,
or use of water in, or flowing into, the agency.
(f) To control the floodwaters and stormwaters of the territory
of the agency and the floodwaters and stormwaters of streams that
have their sources outside of the territory of the agency, but that
flow into the territory of the agency, and to conserve these waters
for beneficial and useful purposes of the agency by spreading,
storing, retaining, and causing to percolate into the soil within or
without the territory of the agency, or to save or conserve in any
manner all or any of those waters and protect from damage from
those floodwaters or stormwaters the watercourses, watersheds,
public highways, life, and property in the territory of the agency,
and the watercourses outside of the territory of the agency of
streams flowing into the territory of the agency.
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(g) (1) To enter upon any land, to make surveys and locate the
necessary works of improvement and the lines for channels,
conduits, canals, pipelines, roadways, and other rights-of-way.
(2) To acquire by purchase, lease, contract, gift, devise, or other
legal means all lands and water and water rights and other property
necessary or convenient for the construction, use, supply,
maintenance, repair, and improvement of the works, including
works constructed and being constructed by private owners, lands
for reservoirs for storage of necessary water, and all necessary
appurtenances, and also where necessary or convenient to that end,
and for those purposes and uses, to acquire and to hold in the name
of the state, the capital stock of any mutual water company or
corporation, domestic or foreign, owning water or water rights,
canals, waterworks, franchises, concessions, or rights, when the
ownership of the stock is necessary to secure a water supply
required by the agency or any part of the agency, upon the
condition that when holding the stock, the agency shall be entitled
to all the rights, powers, and privileges, and shall be subject to all
the obligations and liabilities conferred or imposed by law upon
other holders of the stock in the same company.
(3) To cooperate with, act in conjunction with, enter into, and
to carry out any acts necessary for the proper performance of any
agreement with the State of California, or any of its engineers,
officers, boards, commissions, departments, or agencies, or with
the government of the United States, or any of its engineers,
officers, boards, commissions, departments, or agencies or with
any state, city and county, city, county, agency of any kind, public
or private corporation, association, firm, or individual, or any
number of them, for the ownership, joint acquisition, leasing,
disposition, use, management, construction, installation, extension,
maintenance, repair, or operation of any rights, works, or other
property of a kind which might lawfully be acquired or owned by
the agency or for the lawful performance of any power or purpose
of the agency provided for in this act, including, but not limited
to, the granting of the right to the use of any water or the right to
store that water in any reservoir of the agency or to carrying that
water through any tunnel, canal, ditch, or conduit of the agency
or for the delivery, sale, or exchange of any water right, water
supply, or water pumped, stored, appropriated, or otherwise
acquired or secured for the use of the agency, or for controlling
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drainage waters, or floodwaters or stormwaters of streams in or
running into or out of the territory of the agency, or for the
protection of life or property in the territory of the agency, or for
the purpose of conserving any waters for the beneficial use within
the agency, or in any other works, uses, or purposes provided for
in this act.
(4) To adopt and carry out any definite plan or system for
accomplishing, facilitating, or financing all work that may lawfully
be accomplished by the agency and to enforce that plan or system
by resolution or ordinance.
(h) To carry on technical and other necessary investigations,
make measurements, collect data, and make analyses, studies, and
inspections pertaining to water supply, water rights, control of
floodwaters and stormwaters, water quality, groundwater
management, or use of water both within and outside the agency
relating to watercourses or streams flowing in or into the agency
or groundwater located within or outside the territory of the agency.
For these purposes, the agency shall have the right of access,
through its authorized representatives, to all properties within the
agency and elsewhere relating to watercourses and streams flowing
in or into the agency. The agency, through its authorized
representatives, may enter upon these lands and make
examinations, surveys, and maps of the land.
(i) To prescribe, revise, and collect fees and charges for facilities
furnished or to be furnished to any new building, improvement,
or structure by the use of any flood control or storm drainage
system constructed or to be constructed in an area of the agency,
and whenever a drainage or flood control problem is referred to
the agency by the County of Alameda or the County of Contra
Costa, or any incorporated city in the County of Alameda or the
County of Contra Costa, to require the installation of drainage or
flood control improvements necessary or convenient, or both, for
needs of the area, including, but not limited to, residential,
subdivision, commercial, and industrial drainage and flood control
needs, that county and those cities being hereby authorized to refer
all drainage and flood control problems, arising under the
Subdivision Map Act (Division 2 (commencing with Section
66410) of Title 7 of the Government Code) or otherwise, to the
agency for solution. Revenues derived under this subdivision shall
be used for the acquisition, construction, reconstruction,
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maintenance, and operation of the flood control or storm drainage
facilities of the area, to reduce the principal or interest of any
bonded indebtedness of the area, or to replace funds expended on
behalf of that area. Taxes and assessments imposed by or on behalf
of the former Zone 7 of the Alameda County Flood Control and
Water Conservation District may continue to be levied by the
agency upon any property in the agency for the purpose of making
payments to the state for the construction, maintenance, repair,
and operation and all other costs of the agency’s prorated share of
state water facilities in accordance with this act.
(j) To incur indebtedness, and to issue bonds in accordance with
this act.
(k) To cause taxes or assessments to be levied and collected for
the purpose of paying any obligation of the agency, and to carry
out any of the purposes of this act, in accordance with this act.
(l) To make contracts, and to employ labor, and to carry out all
acts necessary for the full exercise of all powers vested in the
agency or any of the officers of the agency, by this act.
(m) To pay to any city, public agency, district, or educational
institution recognized under Chapter 3 (commencing with Section
94301) of Part 59 of the Education Code, a portion of the cost of
water imported by that city, public agency, the Zone 7 Water
Agency, or educational institution into, for use within, and of
benefit to the Zone 7 Water Agency.
(n) To establish designated floodways in accordance with the
Cobey-Alquist Flood Plain Management Act (Chapter 4
(commencing with Section 8400) of Part 2 of Division 5 of the
Water Code).
(o) To acquire, construct, maintain, operate, and install
landscaping or recreational facilities in connection with any dam,
reservoir, lake, flood control facility, or other works or property
owned or controlled by the agency.
(p) To acquire, construct, maintain, operate and install, lease,
and control facilities for the generation, transmission, distribution,
sale, exchange, and lease of electric power engage in power
generation that is ancillary to the primary purpose of the agency
and to sell any power that is excess to the needs of the agency.
(q) To fully regulate wells and to require the sealing of
abandoned or unused wells according to standards adopted by the
board by ordinance and designed to protect the groundwater
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resources of the agency from contamination. Upon and following
the effective date of the act, the County of Alameda or the County
of Contra Costa or any incorporated city in the County of Alameda
or the County of Contra Costa that is within the territory of the
agency shall require all persons applying for any land development
permit or approval to show the existence and location of any water
well upon a map of the property that is the subject of the
application. When a well is shown, the map shall be referred to
the agency immediately upon receipt for review and investigation.
If upon review and investigation the agency determines that the
well or wells are to be sealed by the applicant pursuant to the
ordinance, the determination shall be transmitted promptly to the
applicant by the agency as a requirement in writing.
(r) On land acquired or used for the flood control, drainage,
water supply, water conservation, and water resource purposes of
this act:
(1) To plan, improve, operate, maintain, and keep in a sanitary
condition, a system of public parks, playgrounds, beaches,
swimming areas, and other facilities for public recreation, for the
use and enjoyment of all inhabitants of the agency, as an incident
to the carrying out of the projects of the agency.
(2) To construct, maintain, and operate any other amusement
or recreational facilities, including picnic benches and tables,
bathhouses, golf courses, tennis courts, or other special amusements
and forms of recreation.
(3) To fix and collect reasonable fees for the use by the public
of any special facilities, services, or equipment pursuant to
paragraph (2).
(4) To adopt any rules and regulations as in the discretion of
the board are necessary to the orderly operation and control of the
use, by the public, of the lands and facilities for recreational
purposes, provided, however, that the board shall not, for the
purposes specified in this subdivision, interfere with control or
operation of any existing public park, playground, beach,
swimming area, parkway, recreational ground, or other public
property, owned or controlled by any county, other district, or
municipality, except with the consent of the governing body of
that county, district, or municipality, and upon terms as may be
mutually agreed upon between the board and that governing body.
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(s) To design, construct, or maintain any levees, seawalls, groins,
breakwaters, jetties, outlets, channels, harbors, basins, or other
work pertaining thereto, in a manner as to render them adaptable
and useful to shoreline, beach, harbor, navigation, park, or marina
development or use, and to do this work in cooperation with any
other public or quasi-public agency or corporation concerned with
this development or use.
(t) To establish and maintain building setback lines along the
banks of any river, creek, stream, or other waterway, in any case
where the board determines that a setback line is necessary,
provided that this authority is not exclusive of similar authority
that may be exercised by any county or city and provided further
that any development shall comply with the greatest setback line
from a watercourse, for any of the following reasons:
(1) To prevent impediment of the natural flow of water.
(2) To protect life and property.
(3) To prevent damage from flooding, bank caving, or erosion.
(4) To prevent the pollution of waters.
(u) To import, control, distribute, store, spread, sink, treat,
purify, recapture, and salvage any water, including, but not limited
to, sewage or wastewater for the beneficial use or uses of the
agency or its inhabitants or the owners of rights to waters within
the territory of the agency. The agency may also acquire, construct,
and operate facilities for the collection, treatment, and disposal of
sewage, wastewater, and stormwater of the district and its
inhabitants and may contract with any public agency concerning
facilities and services.
6. (a) The agency may exercise the right of eminent domain,
either within or outside of the agency, to take any property
necessary to carry out any of the objects or purposes of this act.
The agency in exercising this power shall shall, in addition to the
damage for the taking, injury, or destruction of property, also pay
the cost of removal or relocation of any structure, railways, mains,
pipes, conduits, wires, cables, or poles, of any public utility that
is required to be moved to a new location. Nothing in this act
contained shall be deemed to authorize the agency, or any person
or persons, to divert the waters of any river, creek, stream, irrigation
system, canal, or ditch, from its channel, to the detriment of any
person, or persons having any interest in the river, creek, stream,
irrigation system, canal, or ditch, or its waters, unless compensation
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for the diversion is first provided in the manner provided prescribed
by law.
(b) The agency shall not exercise the right of eminent domain
to take any property, including water rights, appropriated to public
use by any existing city, county, or district. Nothing in this act
shall authorize the agency or any person to divert the waters of
any river, creek, stream, irrigation system, canal, or ditch, unless
compensation for the diversion is first provided in the manner
prescribed by law.
(c) Nothing in this act shall affect the plenary power of any
existing city, county, or municipal utility district to provide for a
water supply for the city, county, or municipal utility district, or
as affecting the absolute control of any properties of the city,
county, or municipal utility district necessary for the water supply.
Nothing in this act shall be construed as vesting any power of
control over the properties in the Alameda County Flood Control
and Water Conservation District, or over any officer of the district
or any person referred to in this act.
7. Except as otherwise provided in this act, an individual serving
on the board of directors of the Zone 7 Water Agency on December
31, 2012, shall continue to serve on the board of directors of the
agency established by this act and shall hold office until his or her
successor qualifies and takes office.
8. (a) The first election for all seven board positions shall be
conducted at the June 3, 2014, statewide primary election.
Notwithstanding subdivision (b), the four top votegetters at the
first election shall serve for terms of four years and the next three
top votegetters shall serve for terms of two years. The terms of all
seven directors elected pursuant to this subdivision shall commence
on July 1, 2014, at noon.
(b) The term of office for a director shall be four years. Except
as otherwise provided by this act, the term of office for each
director elected pursuant to subdivision (a) shall be four years
beginning at noon on the first day of July following his or her
election and the board member shall hold office until his or her
successor qualifies and takes office.
(c) Elections shall be conducted in accordance with the Uniform
District Election Law (Part 4 (commencing with Section 10500)
of Division 10 of the Elections Code), except as provided in
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paragraph (1), and shall be consolidated with the direct primary
election in each even-numbered year.
(1) The directors shall be elected at large and the time for the
nomination of candidates and issuance of notices in connection
with the nomination of candidates shall be at the times provided
by general law for the nomination of candidates at the direct
primary election.
(2) A candidate for the board of directors shall be a resident and
qualified elector of the agency. A director shall continue to reside
within the agency’s territory during his or her term of office.
(d) The directors elected pursuant to this section are to exercise
their independent judgment on behalf of the interests of the entire
agency, including the residents, property owners, and the public
as a whole in furthering the purposes and intent of this act.
9. A vacancy in the office of any director shall be filled for the
unexpired term by appointment by a majority of the remaining
members of the board of directors.
10. Any elected director may be recalled by the voters pursuant
to Chapter 1 (commencing with Section 11000) of Division 11 of
the Elections Code.
11. (a) Any ordinances, resolutions, or board policies adopted
by the board of directors of Zone 7 of the Alameda County Flood
Control and Water Conservation District on or before December
31, 2012, shall remain in full force and effect and be binding on
the agency unless specifically repealed by the board of directors
of the agency.
(b) The board may adopt resolutions for the agency that shall
be adopted, certified, and recorded.
(c) (1) The board may adopt ordinances for the agency. All
ordinances shall be enacted only by rollcall vote entered into the
proceedings of the board. An ordinance shall be in full force and
effect immediately upon adoption, and shall be published once in
full in a newspaper of general circulation, printed, published, and
circulated in the agency within 10 days after adoption.
(2) Any violation or threatened violation of an agency ordinance
may be enjoined by civil action.
(d) The board shall have the power to make and enforce all
needful rules, regulations, standards, and procedures for the
administration and government of the agency, and to appoint and
employ all needful agents, superintendents, engineers, attorneys,
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and employees to properly look after the performance of any work
provided for in this act and to operate and maintain those works,
and to perform all other acts necessary or proper to accomplish
the purposes of this act.
(e) The board may establish rules and regulations for the sale,
distribution, and use of water, which includes the power to restrict
the use of water during any emergency caused by drought,
emergency, or other threatened or existing water shortage and to
prohibit the wastage of agency water or the use of agency water
during those periods for any purpose other than household uses or
other restricted uses as may be determined to be necessary by the
agency and may prohibit use of water during those periods for
specific uses that the agency may from time to time find to be
nonessential.
(f) In addition to the officers and employees prescribed by the
act, the board may in its discretion appoint a president, a vice
president, a clerk, and any other officers and employees for the
board of directors or agency who, in its judgment, may be deemed
necessary, prescribe their duties, and fix their compensation. Those
officers and employees shall be employed, suspended, or their
employment terminated in accordance with an ordinance setting
forth rules, regulations, standards, and procedures for appointment,
suspension, and termination of employment.
12. (a) The agency shall have jurisdiction and power to employ
competent registered civil engineers and geologists to investigate
and carefully devise a plan or plans for projects, and to obtain
information in regard to projects, as may be deemed necessary or
useful for carrying out the purposes of this act.
(b) The board may direct any engineer or geologist described
in subdivision (a) to make and file reports from time to time
including the following information:
(1) A general description of a project, together with general
plans, profiles, cross sections, and general specifications relating
to the project.
(2) A general description of the lands, rights-of-way, easements,
and property proposed to be taken, acquired, or injured in carrying
out the project.
(3) A map or maps that show the location of the project, and
lands, rights-of-way, easements, and property to be taken, acquired,
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or injured in carrying out the project, and any other information
in regard to the project that may be deemed necessary or useful.
(4) An estimate of the cost of the project, including a statement
of the portion, if any, of cost advanced by the agency for the project
for which the agency proposes to reimburse itself from the proceeds
of sale of any bonds to be issued to pay for the project and an
estimate of the cost of lands, rights-of-way, easements, and
property proposed to be taken, acquired, or injured in carrying out
the project, and also of all incidental expenses likely to be incurred
in connection with the project, including legal, clerical,
engineering, superintendence, inspection, printing, and advertising,
and, if deemed advisable, a sum sufficient to pay interest on any
bonds proposed to be issued during all or any part of the period of
construction of the project and for no longer than 12 months
thereafter, and the total amount of bonds, if any, necessary to be
issued to pay for the project.
(c) Any engineer or geologist described in subdivision (a) shall
from time to time and as directed by the board file with the board
supplementary, amendatory, and additional reports and
recommendations, as necessity and convenience may require.
13. (a) Any abandoned or unused water well endangering the
public health and safety by creating a water contamination hazard
is a public nuisance. The board shall, by ordinance, establish
standards for what constitutes a water contamination hazard and
procedures for the declaration and abatement of public nuisance
consistent with this section.
(b) Whenever the agency determines that a public nuisance, as
defined, exists, it shall, by certified mail, notify the current record
owner of the property to abate the public nuisance and that it is
the intention of the agency to record a notice of violation of the
ordinance. The notice to the owner shall describe the violation and
specify a time, date, and place for a hearing, at which the owner
may present evidence to the board that a public nuisance does not
actually exist and that the notice should not be recorded. The notice
to the owner shall state that, unless the public nuisance is abated
within the time specified by the board following the hearing, the
agency may abate the public nuisance and the costs of the
abatement will be assessed against the property. The meeting shall
take place no sooner than 30 days and no later than 60 days from
the date of the certified mailing. If, within 15 days of receipt of
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the notice, the owner of the real property fails to inform the agency
of his or her objection to recording the notice of violation, the
board shall record the notice of violation with the county recorder.
If, after the owner has presented evidence, it is determined that
there has been no violation, the agency shall mail a clearance letter
to the current owner of record. If, however, after the owner has
presented evidence, the board determines that a violation has in
fact occurred, the board shall record the notice of violation with
the county recorder. The notice of violation, when recorded, shall
be deemed to be constructive notice of the violation to all
successors in interest in the property. The county recorder shall
index the names of the fee owners in the general index.
(c) If the board determines, at the conclusion of the hearing,
that a public nuisance actually exists, the board shall order the
property owner to abate the public nuisance within a specified
time.
(d) If the public nuisance is not abated within the time specified
in the order of the board following a hearing, the agency may abate
the public nuisance. Any entry upon private property by the agency
for this purpose shall be preceded by written notice to the owner
by certified mail stating the date and place of entry, the purpose
of entry, and the number of persons entering. If the mailed notice
is returned undelivered, the agency may post a copy of the notice
at the proposed entry point five days prior to entry.
(e) Any costs incurred by the agency in abating a public nuisance
pursuant to this section are a lien upon the property upon which
the public nuisance existed when notice of the lien is filed and
recorded.
(f) Notice of the lien, particularly identifying the property on
which the nuisance was abated and the amount of the lien, and
naming the owner of record of the property, shall be recorded by
the agency in the office of the Alameda or Contra Costa County
Recorder, as appropriate, within one year after the first item of
expenditures by the agency or within 90 days after the completion
of the work, whichever first occurs. Upon recordation of the notice
of lien, the lien shall have the same force, effect, and priority as a
judgment lien, except that it shall attach only to the property
described in the notice, and shall continue for 10 years from the
time of recording of the notice unless sooner released or otherwise
discharged.
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14. The board shall determine which projects or works of
improvement shall be carried out and shall determine, as to each
project or work of improvement, that it is for the benefit of the
agency in whole or in part.
15. The agency may designate the county treasury as its
treasury, for all purposes or for such purposes as may be identified
by the board of directors by resolution.
16. The board of directors may create by resolution any advisory
boards, committees, or commissions for the agency as in its
judgment are required to serve the best interests of the agency.
The board may grant to any advisory board, committee, or
commission it creates duties as are consistent with the provisions
of this act to any advisory board, committee, or commission it
creates. The number of members of any board, committee, or
commission created by the board shall be not less than three and
shall be specified in the resolution. Members of any board,
committee, or commission created by the board shall serve at the
pleasure of the board.
17. Notwithstanding any other law, the agency may continue
to impose any special taxes based upon assessed value or any other
special taxes, assessments, or charges imposed by or on behalf of
the former Zone 7 of the Alameda County Flood Control and Water
Conservation District.
18. Subject to Section 4 of Article XIIIA and Article XIIIC of
the California Constitution, the agency may impose new special
taxes in accordance with Article 3.5 (commencing with Section
50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code at minimum uniform rates according to land
use category and size.
19. The agency may levy assessments upon any property in the
agency, in accordance with the Improvement Act of 1911, the
Improvement Bond Act of 1915, the Municipal Improvement Act
of 1913, or the Refunding Assessment Bond Act of 1935.
20. (a) Any taxes or assessments shall be levied and collected
together with, and not separately from, taxes for county purposes
and the revenues derived together with any penalties paid by the
county to the agency.
(b) Provisions of law prescribing the time and manner of
levying, assessing, equalizing, and collecting county property
taxes, including the sale of property for delinquency, and the
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redemption from sale, and the duties of county officers in this
regard, are, so far as they are applicable and not in conflict with
the specific provisions of this act, hereby adopted and made a part
of this act.
21. (a) The board of directors may, by resolution adopted by
a vote of a majority of the total vote of the board, require and fix
the amount of, and the maturity, interest rate paid, and any other
provisions of, all official bonds necessary for the agency to carry
out the objects and purposes of the agency to provide a reliable
supply of treated drinking water, agricultural water, and regional
flood protection to the public. The resolution shall contain
sufficient detail to inform its beneficiaries, including, but not
limited to, the purpose or purposes for the indebtedness, the amount
of principal, and maximum amount of interest to be paid.
(b) After a resolution has been filed pursuant to subdivision (a),
the board shall order by ordinance the submission of the proposition
of incurring bonded indebtedness to the qualified voters within
the territory served by the agency at an election authorized by law
at which the qualified electors of the agency are entitled to vote.
The ordinance shall submit to the qualified voters of the agency
the proposition of incurring a bonded debt detailed in the
resolution. In this regard, a brief, general description of the amount
and purposes for which the indebtedness is proposed to be incurred
with the certified copy of the resolution incorporated by reference
shall suffice. The ordinance may state that no bonds authorized at
the election will be sold until taxes or assessments have been levied
on the area benefited by the improvement which will provide for
payments to the agency sufficient to pay the principal and interest
on any bonds issued.
(c) The board shall cause a map or maps to be prepared covering
a general description of the project. A map shall show the location
of the proposed project and the board shall cause the map to be
posted in a prominent place in the county courthouse for the County
of Alameda for public inspection and on the agency’s Internet Web
site for at least 30 days before the date fixed for the election.
(d) The ordinance calling for the election shall, prior to the date
set for the election, be published pursuant to Section 6062 of the
Government Code in a newspaper of general circulation. The last
publication of the ordinance must be at least 14 days before the
election, and if there is no newspaper of general circulation, then
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the ordinance shall be posted in five public places designated by
the board, for at least 30 days before the date fixed for the election.
No other notice of the election need be given nor need polling
place cards be issued.
(e) Any defect or irregularity in the proceedings prior to the
calling of the election described in this section shall not affect the
validity of the bonds authorized by the election. If at the election
two-thirds of the votes cast are in favor of incurring the bonded
indebtedness, then bonds for the amount stated in the proceedings
shall be issued and sold as provided in this act.
22. The board may issue and sell the bonds authorized pursuant
to the board’s resolution at not less than par value, and the proceeds
of the sale of the bonds shall be placed in the treasury of the
agency.
23. Notwithstanding any other law, taxes and assessments may
be levied by the board upon any property in the agency for the
purpose of making payments to the state under the terms of the
agency’s state water contract for the construction, maintenance,
repair, operation, and all other costs of the zone’s prorated share
of state water project facilities.
24. (a) On or before December 15 of each year, the board of
directors shall meet, at the time and place designated by published
notice, at which meeting any member of the general public may
appear and be heard regarding any item in the proposed budget or
for the inclusion of additional items.
(b) At the same time and place designated in the public notice,
the board shall review its financial reserves.
(c) After the conclusion of the meeting, and not later than
December 31 of each year, and after making any revisions of,
deductions from, or increases or additions to, the proposed budget
that the board determines advisable during or after the meeting,
the board, by resolution, shall adopt the budget as finally
determined.
25. The bonds of the agency issued pursuant to this act shall
be legal investments for all trust funds, for the funds of all
insurance companies, banks, both commercial and savings, and
trust companies, for the state school funds, and whenever any
money or funds may by law now or hereafter enacted be invested
in bonds of cities, cities and counties, counties, school districts,
or municipalities in the state, the money or funds may be invested
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in the bonds of the agency issued in accordance with the provisions
of this act, and whenever bonds of cities, cities and counties,
counties, school districts, or municipalities, may by any law now
or hereafter enacted be used as security for the performance of any
act, the bonds of the agency may be so used.
26. All bonds issued by the agency under the provisions of this
act shall be free and exempt from taxation within the state pursuant
to subdivision (c) of Section 3 of Article XIII of the California
Constitution.
27. Any improvement for which bonds are voted under the
provisions of this act shall be made in conformity with the report,
plans, specifications, and map adopted, unless the doing of any of
the work described in the report shall be prohibited by law, or be
rendered contrary to the best interests of the agency by some
change of conditions in relation thereto, in which event the board
may order necessary changes made in the proposed work or
improvements and may cause any plans and specifications to be
made and adopted.
28. Whenever bonds have been authorized by the agency and
the proceeds of the sale of the bonds have been expended as
authorized, the board may by resolution determine that additional
bonds should be issued for carrying out the work of flood control,
water supply, or for any of the purposes of this act, and the board
may submit to the qualified voters, the question of issuing
additional bonds in the same manner and with like procedure. All
provisions of this act for the issuing and sale of bonds and for the
expenditure of the proceeds of bonds shall be deemed to apply to
an issue of additional bonds.
29. In addition to proceedings authorized under this act,
whenever the board determines that it is in the public interest, it
may borrow money to provide funds to pay the cost of any work
or improvement in the agency by the issuance of revenue bonds
pursuant to the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title
5 of the Government Code), provided that, in addition to the
purposes established in the Revenue Bond Law of 1941, the agency
may also issue bonds for the purpose of financing the construction,
reconstruction, replacement, acquisition, or improvement of any
facility or facilities necessary or convenient for the storage,
treatment, including reclamation, transmission, or distribution of
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water for beneficial use within the agency, and for the purpose of
generation or transmission of electric power. If the work or
improvement is determined by the board to be for an area
comprising less than the whole agency, the election at which the
proposition to issue revenue bonds is submitted shall be held only
in that area. Proceeds from the sale of any revenue bonds shall be
expended only in the area in which the proposition to issue revenue
bonds is approved. In the case of any conflict between the
provisions of this act and the provisions of the Revenue Bond Law
of 1941 regarding the issuance of revenue bonds, the provisions
of the Revenue Bond Law of 1941 shall control.
30. The repeal or amendment of this act or a change in
boundaries of the agency shall not in any way affect or release any
of the property in the agency from the obligations of any
outstanding bonds or indebtedness until all outstanding bonds or
indebtedness have been fully paid and discharged.
31. There is hereby granted to the agency the right-of-way for
the location, construction, and maintenance of water collection,
distribution or flood control channels, ditches, waterways, conduits,
canals, storm dikes, embankments, and protective works in, over,
and across public land of the State of California, not otherwise
disposed of or in use, not in any case exceeding in length or width
that is necessary for the construction of the works and adjuncts or
for the protection thereof. Whenever any selection of a right-of-way
for the works or adjuncts is made by the agency the board must
transmit to the State Lands Commission, the Controller, and the
county recorder in which the selected lands are situated, a plat of
the lands selected, giving the extent and the uses for which the
same is claimed or desired, duly verified to be correct. If the State
Lands Commission approves the selections made it shall endorse
its approval upon the plat and issue to the agency a permit to use
the right-of-way and lands.
32. Claims for money or damages against the agency are
governed by Part 3 (commencing with Section 900) of Division 3
of, and Part 4 (commencing with Section 940) of Division 3.6 of,
Title 1 of the Government Code, except as provided. Claims not
governed thereby or by other statutes or by ordinances or
regulations authorized by law and expressly applicable to those
claims shall be prepared and presented to the governing body and
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all claims shall be audited and paid, in the same manner and with
the same effect as are similar claims against the county.
33. (a) The legal title to all property, except shares of stock in
mutual water companies or corporations, as provided in Section
17 of Article XVI of the California Constitution, acquired by or
on behalf of the former Zone 7 of the Alameda County Flood
Control and Water Conservation District or under this act shall
immediately and by operation of law vest in the agency, and shall
be held by the agency, in trust for, and is hereby dedicated and set
apart to, the uses and purposes set forth in this act. The board may
hold, use, acquire, manage, occupy, and possess the property, as
provided, and the board may determine, by resolution duly entered
in its minutes that any real property, or interest therein, held by
the agency is no longer necessary to be retained for those uses and
purposes, and may sell, lease, or otherwise dispose of the property
pursuant to this section.
(b) Real property that, in the unanimous judgment of the board,
has no access to a public road, or that consists of an easement for
ingress and egress to property that, by the terms of the easement,
will terminate when ingress and egress is supplied to the property
by a public road, may be sold, leased, or conveyed by the board
on terms prescribed by it.
(c) The board may reconvey real property to the former owner
by whom the property was conveyed, or from whom the property
was condemned by the agency, or the owner’s successor in interest
for fair market value. Fair market value shall be determined by a
qualified real estate appraiser. However, the agency may reconvey
real property to the former owner or his or her successor in interest
for less than fair market value if the agency finds that a public
purpose exists justifying that reconveyance for less than fair market
value.
(d) The board may by a majority vote exchange real property
of equal value with any person, firm, or corporation for the purpose
of removing defects in the title to real property owned by the
agency or where the real property to be exchanged is not required
for agency use and the property to be acquired is required for
agency use.
(e) In all other cases, the board shall be governed in the sale,
lease, or other disposition of real property by the requirements of
law governing that action by counties, provided that notice of the
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board’s intended action shall be as prescribed in Section 25363 of
the Government Code.
(f) The board may by resolution prescribe a procedure for the
leasing of real property owned by the agency alternative to the
requirements of law governing counties.
(g) The board may, by a majority vote, sell, lease, or otherwise
transfer to the state, the County of Alameda or the County of
Contra Costa, or to any city, school district, or other special district
within the agency, or exchange with the public entities, any real
or personal property or interest belonging to the agency upon the
terms and conditions that are agreed upon.
(h) The board shall establish regulations for the trade in, survey,
sale, or other disposition of personal property held by the agency
and no longer necessary to be retained for the uses and purposes
thereof, provided, however, that any sale of personal property
having a sale value in excess of that value stated from time to time
by Article 2 (commencing with Section 1041.6) of Subchapter 3
of Chapter 2 of Division 2 of Title 2 of the California Code of
Regulations as a definition of “fixed assets,” or any lower value
as may be determined by the board, shall be made upon public bid
preceded by notice of the board’s intended action given as
prescribed in Section 25363 of the Government Code.
34. The agency formed under this act, in order to determine
the legality of its existence, the legality of any contract entered
into by the agency, or any other matter, may institute a proceeding
therefor pursuant to the provisions of Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
35. (a) Each person elected or appointed to the office of director
shall, within 30 days after receiving his or her certificate of
election, or notice of appointment, qualify by taking and
subscribing to an official oath. The director shall file his or her
official oath with the clerk of the board, as has been adjusted, or
may be adjusted in the future, pursuant to Chapter 2 (commencing
with Section 20200) of Division 10 of the Water Code.
(b) The board may authorize each director to receive
compensation not exceeding one hundred dollars ($100) per day
for each day’s attendance at meetings of the board, or committees
thereof, or for each day’s service rendered as a director by request
of the board.
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(c) Employees appointed by the board under this act, when
required by the board of the agency, shall execute bonds
conditioned, executed, approved, filed, and recorded in the general
manner and form provided by law for officers, other than
supervisors, of the county, before entering upon the duties of their
respective employments.
36. This act, and every part thereof, shall be liberally construed
to promote the objects thereof, and to carry out its intents and
purposes.
37. The provisions and procedures of law available under this
act are not subject to the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 (Part 1 (commencing
with Section 2800) of Division 4 of the Streets and Highways
Code).
38.
37. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity shall not
affect other provisions or applications that can be given effect
without the invalid provision or application.
SEC. 2. Section 2 of the Alameda County Flood Control and
Water Conservation District Act (Chapter 1275 of the Statutes of
1949) is amended to read:
Sec. 2. A flood control district is hereby created to be called
the Alameda County Flood Control and Water Conservation
District. The district shall consist of all the territory of the County
of Alameda lying within the exterior boundaries of the county,
except for the territory of the Zone 7 Water Agency on January 1,
2013, save as may be modified by the Alameda County Local
Agency Formation Commission of the County of Alameda to
exclude some or all of the Zone 7 Water Agency’s territory. As
used in this act “district” means the Alameda County Flood Control
and Water Conservation District. Nothing in this section shall be
construed to authorize the Alameda County Local Agency
Formation Commission to interfere with or otherwise limit the
Zone 7 Water Agency’s exercise of flood control authority granted
by subdivision (f) of Section 5 of the Zone 7 Water Agency Act.
SEC. 3. Section 36 of the Alameda County Flood Control and
Water Conservation District Act (Chapter 1275 of the Statutes of
1949) is repealed.
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SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
O
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