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HomeMy WebLinkAboutMINUTES - 03221994 - WC.1 WC1 TO: BOARD OF SUPERVISORS Contra FROM: WATER COMMITTEE .;,r, Costa Supervisor Sunne Wright McPeak ^� Supervisor Tom Torlakson W fty DATE: March 22, 1994 SUBJECT: REPORT ON WATER AGENCY ISSUES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Direct the Water Agency to prepare a draft agenda for a future hearing of the Board of Supervisors as the ex officio Board of Directors of the County Water Agency. 2. Authorize Chair to sign a letter to the Contra Costa Historical Society to determine level of interest in organization of research materials as part of a report detailing the history of the Water Agency. REASON FOR RECOMMENDATION/BACKGROUND The Water Committee has been exploring potential for a greater role for the Water Agency in order to help other entities and individuals solve issues related to overall planning for treated water, use and distribution of reclaimed water, future water supply to local communities, and perhaps a comprehensive master planning effort to consolidate and lend a comprehensive outlook to many of these issues. At the March 14, 1994 meeting of the Water Committee, County Counsel provided detail related to Water Agency powers. The Water Committee recommends staff identification of issues for consideration as part of a Water Agency hearing. During the March 14, 1994 Water Committee meeting, some discussion focused on the Water " Agency's history. This was determined to be of some interest to the Water Committee, as there is a lot of County background information which could be reviewed in this context. It was suggested that the Contra Costa Historical Society may have some interest in review of this information, and perhaps organization in a historical context. CONTINUED ON ATTACHMENT: _ YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): Supervisor Sunne W. McPeak Supervisor Tom Torlakson ACTION OF BOARD ON 2 1914 APPROVED AS RECOMMENDED T OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510) 646-2071 ATTESTED f 95� cc: Community Development Department PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND Growth Management&Economic Development COUNTY ADMINISTRATOR Agency BY: , DEPUTY RG:rw RRG2:3.22wc1.bod COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: March 14, 1994 To: Board of Supervisors ' Water Committee FROM: Victor J. Westman, County Counsel Re: Contra Costa County Water Agency Powers The Board of Supervisors ' 3-8-94 Order asks County Counsel to provide the Water Committee with additional information on the history and potential range of powers of the Contra Costa County Water Agency. In the Order's narrative background there are no specific questions asked concerning these areas . For this reason, this office has attached for the Committee's further review and consideration a copy of. its 10-5-93 memorandum concerning the powers of the Contra Costa County Water Agency and a copy of the Water Agency Act. The Water Agency staff has indicated that the Water Committee's concerns is about the "identification of resources to meet future water supply, particularly for south and east county areas and assisting EBMUD" as to its "American River Entitlement" . Water Aqency History. This office does not maintain any files concerning the period in the 1950 's when preliminary consideration was being given to the 1957 formation of the Contra Costa County Water Agency. In the past, persons involved with water matters during that early Water Agency period have indicated that among the principal reasons for creating the Water Agency was the need to assist with the provision of industrial water service for some western portions of the County (e.g. , the North Richmond area) and domestic water service for the San Ramon and Dougherty Valley areas . At one time, an extensive library of Water Agency documents was maintained. We do not know if this library resource still exists. Studies, Reports and Plans . Concerning the identification of .resources to meet future water supply needs of the Water Agency area, this subject is discussed in Paragraph 1 "Investigations and Reports" of this office's attached 10-5-93 memorandum. As indicated, the Water Agency has State statutory authority to Board of Supervisors' -2- March 14, 1994 undertake surveys and investigations, prepare appropriate reports and adopt plans for future Agency water needs . Other Public Agencies . The Water Agency has authority (see Paragraph III of the attached 10-5-93 memorandum) to enter agreements with the United States, the State of California and other public entities such as EBMUD to carry out the powers granted by the Water Agency Act and as necessary to assure water and water service facilities within the agency area. For example, the Water Agency could join with EBMUD to assist it by appearing before and addressing federal, state and local agencies concerning EBMUD's protection and utilization of its American River entitlement for the benefit of the Water Agency' s area. (Water Agency Act S 11(5) . ) Water Facilities and Service. On 3-8-94, when the Board of Supervisors addressed the Water Agency's report on the Los Vaqueros power line relocation and the Committee for Water Policy Consensus, County Counsel was asked if the Water Agency can participate in purveyance of 'water. As discussed in the attached 10-5-93 memorandum (see Paragraphs 2 "Water Facilities" and 6 "Domestic Water Services and Facilities . " ) , the Agency has express state statutory powers to undertake such activities . Other Agencies ' Facilities . As indicated in Paragraphs 5 and 6 of this office' s attached 10-5-93 memorandum, the Water Agency cannot interfere with or condemn the facilities and operations of other public agencies which may be providing water service and facilities within its area. Should you have any further particular questions concerning the Water Agency Act, please advise. VJW/jh J-2:a:\bd-sups.vjw COUNTY COUNSEL'S OFFICE WC. CONTRA COSTA COUNTY MARTINEZ CAUFORNIA We: October 5, 1993 To: Tom Torlakson, Supervisor, District V From: Victor J. Westman, County Counsel kIzAl. Re: Powers of the Contra Costa County Water Agency This is in response to your earlier request that this office review the parameters of authority provided to the Contra Costa County Water Agency by its enabling special act state legislation (Deering's Wat. Uncod. Act 1658) and provide you with a report on this subject. Since the Water Agency Act (1658) is not extensive, a complete copy of it is attached for easy reference. Concerning the Act, we provide the following comments which we hope address your particular areas of concern. 1 . Investigations and reports. The Contra Costa County Water Agency has state statutory authority to "do any and every act necessary to be done, " including, without limitation, undertaking surveys, investigations and reviews of the extent to which sufficient water may or is available for present or future uses of the lands or inhabitants of the Agency, to plan water projects and to formulate and distribute reports thereon (S 11-1658) . The territory of the Water Agency contains most of Contra Costa County except for a limited delta area. (S 1-1658 . ) 2. Water facilities. The Agency has express powers to plan for, construct, maintain and operate water works (e.g. , reservoirs, pipelines, pumps, etc. ) and all other facilities useful in connection with the control, diversion, transmission, and distribution of water for the beneficial use of the Agency's inhabitants and/or lands. S 2(e) , 9 & 11(3 ) - 1658 . ) 3. Federal and State agreements. The Water Agency has authority to negotiate and enter agreements with the United States or the State of California for the purpose of carrying out any of the powers granted by the Act and necessary to assure water and water service facilities for the Agency. (S S 9(4 ) , 11(6 ) (7 ) (8) to 18-1658 . ) 4 . Finance. For its purposes, the Agency has the authority to provide for and issue revenue or voter approved general obligation Tom Torlakson, Supervisor 2 October 5, 1993 bonds or utilize various traditional assessment district proceedings (e.g. , the 1911 or 1913 Improvement Acts, etc. ) or to levy annual assessments in the same manner as allowed for irrigation districts . (� 12, 15 & 17-1658 . ) 5. Concurrent jurisdiction and Limitations . Pursuant to the Act, it is clear the Water Agency has concurrent authority to provide water facilities and service within all of its territory including any Agency area also contained within the boundaries of another public entity or agency which is providing or proposing to provide similar water facilities and service. (Act 1658 . ) But, in connection with any Agency construction, operation or maintenance of any water works (facilities, etc. ) , the Agency cannot physically interfere with or exercise control over any water rights, property or facilities owned by public districts without their consent and may not similarly condemn publicly owned water rights or property held or used for water development, storage or distribution for public use. ($ § 9(3) & 10-1658 . ) 6 . Domestic Water Service and Facilities . The Water Agency Act (1658) clearly provides express statutory authority for Agency contracting for water and its wholesale, commercial or domestic distribution. But, there is not a great deal of statutory detail in the Water Agency Act concerning direct water service to the ultimate user and charging for such service. For this reason, should the Water Agency choose to develop facilities and provide water, it may wish to consider jointly contracting with other public entities having more detailed authority for ultimate user servicing. As the attached copy of the Water Agency Act shows, the Agency has many water related powers which it can exercise. Should the foregoing discussion not be sufficient, please feel free to ask us to investigate any further particular questions which you may have concerning the Act. VJW:df cc: Supervisors, District Offices Roberta Goulart, Community Development Dept. Val Alexeeff , GMEDA y' f CONTRA COSTA WATER AGENCY Act 1658 { ,i § 43. Same: Effect upon property acquired for district Upon the withdrawal of any territory from the district,all property acquired for the district shall remain vested in the county and be used in the opera- ; tion of the drainage facilities of the district. , ACT 1658 Contra Costa County Water Agency Act (Stats 1957 ch 518 p 1553; Amended by Stats 1959 ch 1728 p 4156;Stats 1961 ch 1494 p 3338;Stats 1963 ch 1116 p 2584,ch 1685 p 3307,ch 1715 p 3369.1 i i.j AN ACT to create the Contra Costa County Water Agency for the conservation, ;I storage, and distribution of water in the agency,and prescribing its organiza- tion,powers,and duties. J;I § 1. District created:Territory included § 2. Definitions § 3. District body politic: Powers }� § 4. Board of supervisors: Exercise of powers: Adoption of rules and regulations § 5. Chairman of board: Secretary: Appointment of attorney, engineer, and other employees: Term of office of agents or employees I' § 6. Quorum: Concurrence of members required § 7. Administering oaths and affirmations § 8. Ordinances,resolutions,and other legislative acts § 9. Powers of agency § 10. Power of eminent domain I § 11. Additional powers § 12. Taxes: Levy and collection: Limitations 1 § 13. Issuance of warrants: Limitations § 14. Investment of funds § 15. Issuance of bonds: Proceedings for issuance t 1 § 16. Exception of agency or of acquisition of property or work construction from provisions of District Investigation Law of 1933 § 17. Improvement districts: Formation: Powers of board: Assessments: Acts appli- cable § 18. Cooperation and contracts with United States: Approval of contracts: Election: Notice: Ballots: Majority of votes necessary § 19. Action to determine validity of contract § 20. Claims against agency § 21. Rights of persons to water § 22. Interest of directors in contracts or profits prohibited: Exceptions § 23. [Repealed] JI § 24. Dissolution: Manner 175 1 , I Act 1658 § 1 UNCOD1FlED ACTS § 25. Necessity for special law: Findings § 26. Separability provision § 27. Citation of act i § 1. District created: Territory included There is hereby created a district to be known and designated as the "Contra i Costa County Water Agency." The territory of the district shall be all of the territory within the County of Contra Costa, except Coney Island and the lands lying within the exterior boundaries of East Contra Costa irrigation District. Byron-Bethany Irrigation District, Reclamation District No. 800, Reclamation District No. 802, and Reclamation District No. 2024 as the i i same existed on January 1, 1957 k § 2, Definitions ` As used herein, the following words shall have the following respective mean- ings unless otherwise indicated by their context: (a) "Agency"means the Contra Costa County Water Agency; (b) "County" means the County of Contra Costa,State of California; (c) "United States" means and includes the United States of America and all bureaus, commissions, divisions, departments, boards, agencies and officers of the executive branch thereof, and all committees of the Congress of the United States of America; (d) "State of California" includes the State of California and all bureaus, commissions, divisions, departments, boards, agencies and officers of the executive branch thereof, and all committees of the Legislature of the State of California; (e) "Work" or "works" include but are not limited to dams and dam sites, reservoirs and reservoir sites, sinking basins, ground water replen- ishment facilities, watershed improvement facilities, ditches, laterals, flumes, pipelines, conduits, pumps, pumping plants, filters, wells, and, without limitation, all other facilities useful in the control, conserva- tion, reclamation, diversion and transmission of water, and all land, property, franchises, easements, rights of way and privileges necessary 4 or useful to operate or maintain any of the foregoing; (f) "District" means any municipality, county water district,reclamation district, irrigation district, water replenishment district,water conserva- tion district, flood control district or other district or political sub- division of the State empowered by law to appropriate and to deliver water to water users; (g) "Elector" means any elector of the county qualified under the laws of the State of California to vote in the county at general elections; (h) "Board" means the board of directors of the agency; (i) "President" means the president of the board of directors; I (j) "Secretary"means the secretary of the board of directors; 176 i CONTRA COSTA WATER AGENCY Act 1658 § 8 '! 'i (k) "Operate" includes use, maintenance and repair, (7) "May"is permissive and "shall"is mandatory. § 3. District body politic: Powers I The agency is a body politic and corporate and has perpetual succession and ' may exercise the powers enumerated in this act, those necessarily implied ti therefrom and such other powers as the law may provide. § 4. Board of supervisors: Exercise of powers: Adoption of rules and regulations The powers of the agency, except as otherwise herein expressly provided, shall be exercised by the board which is the governing body of the agency. The board of supervisors of the county shall be and hereby is designated as I and empowered to act as, ex officio, the board of the agency. The board may adopt reasonable niles and regulations to facilitate the exercise of its duties and powers set forth herein. 'I § S. Chairman of board: Secretary: Appointment of attorney, engineer, i{ I and other employees: Term of office of agents or employees ` ,i (a) The chairman of the board of supervisors of the county shall be the chairman of the board of the agency and shall preside at all meetings of i the board and in the case of his absence or inability to act, the remain- ing members of the board present shall select one of their number to ik l act as chairman temporarily. 1 (b) The county clerk shall be the secretary of the agency. The members shall appoint an attorney and an engineer who may be employees of the county and may appoint such other officers,agents and employees who may be employees of the county as the board in its judgment may deem necessary, prescribe their duties and fix their compensation. All officers, agents or employees of the board or agency shall hold office at the pleasure of the board. [Amended by Stats 1963 ch 1116 § I p 2584.1 § 6. Quorum: Concurrence of members required Three-fifths (3/5) of the members of the board shall constitute a quorum for the transaction of business and no act of the board shall be valid or binding unless three-fifths (3/5)of all members concur therein. § 7. Administering oaths and affirmations Each member of the board or the secretary may administer oaths and affir- mations in connection with the taking of testimony at any hearing, investiga- tion or other matter pending before the board. § 8. Ordinances, resolutions,and other legislative acts All ordinances, resolutions, and other legislative acts of the agency,shall be adopted by the board, and certified to, recorded and published,in the same 177 1 Act 1658 § 9 UNCODIFIED ACTS manner, except as herein otherwise expressly provided, as are ordinances, resolutions or other legislative acts of the county. Initiative and referendum powers are hereby granted to the electors of the agency to be exercised in relation to the enactment or rejectment of agency ordinances in accordance with the procedure established by the laws of this State for the exercise of such powers in relation to counties. § 9. Powers of agency The agency has the following powers: (1) To sue and be sued in the name of the agency in all actions and proceedings in all courts and tribunals of competent jurisdiction. (2) To adopt a seal and alter it at pleasure. (3) To acquire by grant, purchase, lease,gift,devise,contract,condemna- tion, construction or otherwise,and to hold, use,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 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 plan, complete, extend, enlarge, add to, alter,remove,repair or otherwise improve any works, or improvements, or property acquired . by it as authorized by this act. The agency shall not interfere with or exercise any control over water rights, property or facilities owned, held or used by a district unless by consent of such district and upon such terms as are mutually agreed upon between the agency and the i district. (4) To enter into contracts, make leases, borrow money, incur indebted- ness and give evidence thereof, and employ labor. i (5) To do all acts and things reasonably implied from,and necessary and a ropriate to the full exercise of, all the powers granted by this act. i §§ Oower of eminent domain Thee agency has the power of eminent domain to acquire within the age py by condemnation in the manner and to the extent prescribed in Article I, Section 14,of the Constitution and Title 7(commencing with Section 1237) P of Part 3 of the Code of Civil Procedure, as now existing or hereafter amended, all property or interests therein necessary, convenient for carry- ing out the powers and purposes of the agency exd, pt that the agency shall not have power to acquire by condemnat�gn-liublicly owned water rights or property held or used for the develo meat, storage or distribution of water for public use; provided, howeve�t'�that the agency in exercising such power shall in addition to the damige for the taking, injury, or destruction of property, also pay ih t of removal or relocation of any structure, rail- ways, mains, pipes;-Conduits, wires, cable, poles, of any publicutili which is required to-be moved to a new location;and it is hereby declared th the use of the'property which may be condemned, taken or appropriated un er the.provisions of this act,is a public use,subject to regulation and control 178 CONTRA COSTA WATER AGENCY Act 1658 § 11 the' State in the manner prescribed by law. The power of eminent domain vested in the agency shall include the power to condemn in the name of the agency either the fee simple or any lesser estate or interest in any property ;! which the board by resolution shall determine is necessary for carrying out { the purposes of the agency. Such resolution shall be prima facie evidence that the taking of such private property, to the extent stated in the resolu- tion,is necessary for carrying out the purposes of the agency. i 1 § 11. Additional powers i j The agency may do any and every act necessary to be done so that sufficient water may be available for any present or future beneficial use or uses of the I lands or inhabitants of the agency, including without limiting the generality ! of the foregoing, irrigation, domestic, fire protection, municipal, commer tial, industrial and recreational uses. Without limiting the generality of the foregoing or any other section, of this act, the agency has the following r} additional powers: fl (1) To make surveys and investigations of the water supply and resources of the agency, to plan water projects and to publish and distribute reports thereof. (2) To develop, protect, conserve and reclaim water, reduce tlic waste of water, control and prevent the intrusion of salinity in water, replenish ' underground water supplies and reclaim flood and storm waters, within the agency. 1 (3) To store, regulate, control, transport, divert and distribute water for ! use within the agency by any reasonably means, including, without limitation, the construction and operation of works and the spreading and sinking of water into underground storage basins. (4) To appropriate water and acquire and protect water rights for any beneficial purpose. (5) To commence,maintain, appear before,intervene in, defend and com- promise, in the name of the agency, and to assume the costs of, any action, hearing or proceeding before any court of the United States or of the State of California, involving or affecting the ownership, use or supply of water, water rights or water service within or without the 1 agency which is or may be used or useful for any purpose within the agency, or involving or affecting the interference or diminution of the natural flow of any river or stream of subterranean water supply,which is or may be used or useful for any purpose within the agency. (6) To enter into any contract with any person, corporation, utility,dis- trict, public corporation, the United States, or the State of California, as the board deems proper or advisable or in the interest of the lands and inhabitants of the agency, to carry out or to execute any of the purposes of this act. (7) To coordinate existing and planned water service facilities in the agency with the operations of the California Water Plan and Aqueduct System. 179 I Act 1658 § 12 UNCODIFIED ACTS (8) To join with one or more persons, corporations, utilities, districts or bf other public corporations, the United States or the State of California, iz for the purpose of carrying out any of the powers granted by this act. D 3 § 12. Taxes: Levy and collection: Limitations pr The agency may annually, at the time and in the manner of levying other cr ar county taxes, levy an ad valorem tax on all taxable property in the agency df for the purpose of paying the costs, expenses and obligations of the agency, M. including principal and interest on any bonded indebtedness, or to accom- Cc plish any of the purposes of the agency or of this act. The aggregate taxes le; levied under this section for any fiscal year shall not exceed three cents P. ($0.03) on each one hundred dollars ($100) of the assessed valuation of the sc taxable property in the agency exclusive of any tax levied to meet the of principal or interest on any bonded indebtedness of the agency duly author- sc ized by a vote of the electors.These taxes shall be levied and collected with, fil and not separately from, taxes for county purposes and the revenue derived p, from these taxes shall be paid into the treasury of the county to the credit of cf tie agency and the board shall have the power to control and order the er expenditure thereof. The provisions of the laws of the State of California of prescribing the priority, time, and manner of levying, assessing, equalizing and collecting county property taxes, including the sale of property for delinquency and the redemption from such sale and the duties of the various § county officers with respect thereof, are, so far as they are applicable and ti not in conflict with the specific provisions of this act, hereby adopted for the agency and made a part hereof. Such officers shall be liable upon their T several bonds for the faithful discharge of the duties imposed upon them by this act. I1 L § 13. Issuance of warrants: Limitations The agency may issue warrants, not exceeding in amount the anticipated revenues for the fiscal year in which issued, to pay any of its expenses or A meet any of its obligations which shall bear interest, at such rate not in excess of six percent(6%) per annum as shall be determined by the board, Ir from the date of issuance thereof until funds are available to pay the war- tl rants. The county auditor shall draw warrants to pay demands made against it the agency when the demands have been approved or authorized by the rf board. rr. § 14. Investment of funds h. it The funds of the agency may be invested in the same manner as the general fc funds of the county may be invested. ai § 15. Issuance of bonds: Proceedings for issuance s` d The agency may, when authorized by vote of the electors at a general elec- tion or at a special election called for such purpose, issue general obligation p or revenue bonds to accomplish any of the purposes of this act, and refund o or retire such bonds. The bonds of the agency shall be authorized,issued and v sold, public hearing shall be noticed and held, a determination shall be made a of whether the whole or part of the county will be benefited by incurring.a e 180 1 ' 1 � CONTRA COSTA WATER AGENCY Act 1658 § 17 bonded indebtedness, an election shall be held and bonds shall be author- ized, issued and sold all in the same manner as are bonds of County Water Districts under the provisions of Chapter 2 (commencing with Section 31370) of Part 6 of Division 12 of the Water Code and shall conform to the !; provisions of that chapter insofar as they are applicable and are not in conflict with the provisions of this act. The bonds of the agency shall be free and exempt from all taxation within the State of California and it is hereby declared that the agency is a reclamation and irrigation district within the meaning of Section 1-3/4 of Article XIII and Section 13 of Article X1 of the 1) Constitution of the State of California. The bonds of the agency shall be legal investments for all trust funds and for the funds of all insurance corn- panies, banks, both commercial and savings, and trust companies, for State school funds, and whenever any money or funds may by law now or here- after enacted be invested in bonds of cities, cities and counties, counties, school districts and municipalities in the State of California,such money or funds may be invested in 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 law now or hereafter enacted be used as security for the performance of any act, the bonds of the agency may be so used. I § 16. Exception of agency or of acquisition of property or work construc- tion from provisions of District Investigation Law of 1933 The agency, or the acquisition of any property or the construction of any , work thereby, shall not be subject to any of the provisions of the District Investigation Law'of 1933, Chapter 2 (commencing at Section 58500) of Division 1 of Title 6 of the Government Code. § 17. Improvement districts: Formation: Powers of board: Assessments: Acts applicable Improvement districts may be formed in the agency and shall be governed in the same manner as improvement districts are formed and are governed in irrigation districts. The board shall have the same rights, powers,duties and responsibilities with respect to the formation and government of improve- ment districts in the agency as the board of directors of an irrigation district has with respect to improvement districts in irrigation districts. Assessments in an improvement district in the agency shall be levied, collected and en- forced at the same time and as nearly in the same manner as practicable as annual taxes of the county, except that the assessment sliall be made in the same manner as provided with respect to improvement districts in irrigation districts. The ,provisions of the Improvement Act of 1911, the Municipal Improvement Act of 1913, the Street Opening Act of 1903, and the Im- provement Bond Act of 1915 are applicable to the agency. Such acts or any of them may be used in the discretion of the board in the construction of work to be done or improvements made under this act and in the levying of assessments and reassessments and the issuing of bonds to pay for costs and expenses of the work and improvements done or to be done hereunder. 181 ME Act 1658 § 18 UNCODIFIED ACTS § 18. Cooperation and contracts with United States: Approval of con- tracts: Election: Notice: Ballots: Majority of votes necessary Without limiting the generality of any provision of this act, the agency may ' for any of the purposes of the agency, cooperate and contract with the United States under the Federal Reclamation Act of June 17, 1902,and all i acts amendatory thereof or supplementary thereto,or any other act of Con- gress heretofore or hereafter enacted permitting cooperation or contracting. The approval of any contract providing for repayment of the costs of any works or for the payment of any water or water supply which is entered into with the United States pursuant to this act shall be authorized at an election unless by resolution of the board adopted by four-fifths (4/5) vote of its members, the board shall determine that all liabilities of the agency can be t repaid and liquidated both as to principal and interest from revenues of the agency derived from payments to the agency pursuant to written contracts T with individuals, corporations, utilities, districts or other public corpora- I tions, providing for the payment currently of whatever amounts may be 1 necessary to pay the portion of the cost of any water or water supply to be sold or furnished to S1161 individuals, corporations,utilities,districts or other i public corporations. in the event an election is held to authorize the execu- tion of such a contract with the United States,such election shall,except as otherwise in this act provided, be called, noticed and held in the manner ` provided in the case of the issuance of agency bonds. All of the electors of ` the agency shall be entitled to vote at such election. The notice of election t shall contain in addition to the information required in the case of bond j elections, a statement of the maximum amount of money to be payable to the United States for construction purposes and cost of water supply and acquisition of property, exclusive of penalties and interest, and a general ` i statement of the property, if any,to be conveyed by the agency pursuant to i the contract.The ballots at the election shall contain a brief statement of the c { general purpose of the contract substantially as stated in the notice of elec- tion and the extent of the obligation to be assumed with the words c "Contract—Yes" and "Contract—No" or "Contract and bonds—Yes" and I "Contract and bonds—No,"whichever may be applicable. A favorable major- ity of the votes cast at such election shall be necessary to authorize the execution of the contract. t I r { { § 19. Action to determine validity of contract t i An action to determine the validity of a contract may be brought pursuant t } to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the 1 I Code of Civil Procedure. [Amended by Stats 1961 ch 1494 § 1 p 3338.1 i c ! t § 20. Claims against agency i Claims for money or damages against the agency are governed by Part 3 f (commencing with Section 900) and Part 4(commencing with Section 940) t of Division 3.6 of Title 1 of the Government Code, except as provided therein. Claims not governed thereby or by other statutes or by ordinances j or regulations authorized by law and expressly applicable to such claims shall < { be prepared and presented to the governing body, and all claims shall be i i 182 I CONTRA COSTA WATER AGENCY Act 1658 § 25 n- audited and paid, in the same manner and with the same effect as are similar ; claims against the county. [Added by Stats 1959 ch 1728 § 86 p 4174; i Amended by Stats 1963 ch 1715 § 99 p 3411.1 ly See note to Act 205 § 29. le tll Former § 20,also relating to claims against agency,was repealed by Stats 1959 ch 1728 § 85 p 4174. § 21. Rights of persons to water ly The formation of the agency or the enactment of this act shall not impair ;o the vested right of any person, association, corporation or district in or to )n water or the use thereof. is j ,e § 22. Interest of directors in contracts or profits prohibited: Exceptions 1e No director of the agency shall in any manner be interested, directly or tsindirectly, in any contract awarded or to be awarded by the board or in the a_ profits to be derived therefrom; provided, that this section shall not be ,e e construed to apply to any contract made with a corporation for its general benefit where such a director owns less than one percent (1%) of the stock ,r :i I- thereof. is § 23. [Repealed by Stats 1963 ch 1685 § 10 p 3308.1 "r See Gov C if §§ 810 et seq. ?: n Note—Stats 1963 ch 1685 also provides: § 44. This act shall become operative only if Senate Bill No. d 42 of the 1963 Regular Session is enacted. ! 0 Senate Bill No.42 was enacted as Stats 1963 ch 1681 p 3266. ! d § 24. Dissolution: Manner i 11 o The agency may be dissolved in the manner provided for the dissolution of e districts by Article 10 (commencing with Section 58300 of the Government Code) of the District Organization Law,and the district shall be considered a Es district within the meaning of all the provisions of that article. d r- § 25. Necessity for special law: Findings e The Legislature hereby finds that in the County of Contra Costa there are urgent county-wide .problems of water conservation, development of water resources, and securing adequate water supplies which are unique to Contra Costa County, and that the county water districts,municipalities, and irriga- lt tion districts which now exist within portions of the county, have acquired e property and works, developed a limited water supply, and have incurred indebtedness, but have been and are unable alone economically to plan and develop an adequate water supply, or adequately and feasibly to conserve the water supply of the agency;that to accomplish these ends it is necessary to have a political entity coextensive with the geographical limits of the 3 entire agency; and that there is a great scarcity of water within the agency for municipal, irrigation, and other uses and there is an urgent need that an i adequate supply of water be obtained. Investigation has shown conditions in s the county to be peculiar to it and it is hereby declared that general law 1 cannot be applicable to the agency and that the enactment of this special law s is necessary for the planning, conservation, development, distribution, con- 183 Act 1658 § 26 UNCODIFIED ACTS trol and use of said water for the public good and for the protection of life and property therein. § 26. Separability provision In case any section or sections, or part of any section, of this act shall be found to be unconstitutional or invalid for any reason, the remainder of the act shall not thereby be invalidated,but shall remain in full force and effect. § 27. Citation of act This act is designated and may be cited and referred to as the "Contra Costa County Water Agency Act." ACT 2040 Del Nor i%o County Flood Control District Act (Stats 1955 ch 166 p 613,effective November 5. 1955;Amended by Stats 1957 ch 357 p 1000; Stats 1959 ch 388 p 2313, ch 1728 p 4156;Stats 1963 ch 1715 p 3369,ch 2029 p 4172;Stats 1967 ch 198 p 1304,effective May 23,1967.1 AN ACT to create a Rood control district to be called Del Norte County Flood Control District and dividing said district into zones; to provide for the con- trol and conservation of flood and storm waters and the protection of water- courses, watersheds, public highways, life and property from damage or destruction from such waters; to provide for the retention and reclaiming of drainage, storm, Rood,and other waters and to save and conserve such waters { for beneficial use in said district; to authorize the incurring of indebtedness, the issuance and sale of bonds, and the levying and collection of taxes and i assessments on property within said district and in the respective zones there- of; to define the powers of said district; to provide for the government, management, and operation of said district and for the acquisition and con- struction of property and works to carry out the purposes of the district. I E a § 1. Title of act a § 2. District created:Territory: "District"defined § 3. Division into zones § 4. Number and description of zones:Subzones:Concurrent conduct of proceedings § 5. Objects and purposes of act § 6. District as body corporate and politic: Powers § 6.I. Powers under Davis-Grunsky Act § 7. Power of eminent domain: What power includes. Resolution: Evidentiary effect: Condemnation of property adjacent to that devoted to public use: Exchange § 8. Board of supervisors: Adoption, certification, recordation, and publication of ordinances i § 9. Officers,assistants,deputies,clerks and employees i i 184 }1 1 , within.b¢. g, To incur indebtedness and to issue bonds in the 'manner herein provided. i r 9. To cause assessments to bi pied and collected for the purpose of pay. any obligation of the zones n ihali be established hereunder,and to carry out any of the purposes of this act, in the manner hereinafter provided. f .10. To make contracts,and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district or any of the officers thereof, by this act. Amended Stats 1975 ch 587 §2,operative July 1, 1976. f operation §7. Eminent domain; Resolution; Prior public use; Powers of existing county, city, or municipal utility d and set district not affected .wered to The district may exercise the right of eminent domain within the district to take any property necessary to lard may carry out any of the objects or purposes of this act. The district in exercising such power shall in addition I by said to the taking,for the damage injury, or destruction of property, also pay the cost of removal or relocation Al,lease g g• ilu � of any structure, railways, mains, pipes, conduits, wires, cable, poles, which is required to be moved'to a )rovided, new location. No right shall exist in the district to take by proceedings in eminent domain any property, -rmit for including water rights, appropriated to public use by any existing county, city or municipal utility district. k ;ency or Nothing in this act shall be construed as in any way affecting the plenary power of any existing county, c fit, upon taniially city or municipal utility district to provide for a water supply for such county, city or municipal utility squired district or as affecting the absolute control of any properties of such county, city or municipal utility i+ district necessary for such water supply, and nothing herein contained shall be construed as vesting any 'henever power of control over such properties in said Contra Costa County Storm Drainage District or in any officer thereof or in any person referred to in this act. Amended Stats 1975 ch 587 §3,operative July 1, 1976. §29. [Section repealed] Repealed by Stats 1984 ch 1128 § 116. See Pub Con C§21241. l ACT 1. 58 Contra Costa County Water Agency Act tion to [Amended by Stats 1970 ch 447; Stats 1975 ch 581, operative July 1, 1976.1 § 10. Power of eminent domain burials The agency has the power of eminent domain to acquire within the agency any property necessary or convenient for carrying out the powers and purposes of the agency except that the agency shall not have 1 power to acquire by condemnation publicly owned water rights or property held or used for the development, storage or distribution of water -for public use; provided, however, that the agency in J, use, exercising such power shall in addition to the damage for the taking, injury, or destruction of property, Aures, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cable, iy and poles, of any public utility which is required to be moved to a new location. ' of the Amended Stats 1975 ch 581 §3,operative July 1, 1976. xtcnd' §22. [Section repealed] I by it Repealed by Stan 1970 ch 447 §22. Such ation, ACT 2040 drain )n of Del Norte County Flood Control District Act make [Amended Stats 1975 chs 584, 585, operative July 1, 1976; Stats 1984 ch 1128.1 such §6. District as body corporate and politic; Powers trties The district is hereby declared to be a body corporate and politic and as such shall have, in addition to 1 the the other powers vested in it by this act, the following powers: nake 1. To have perpetual succession. lines 2.To sue and be sued in the name of said district in'all actions and proceedings in all courts and tribunals Vase, of competent jurisdiction. the 3. To adopt a seal and alter it at pleasure. cted 4. To acquire by grant, purchase, lease, gift, devise, contract, construction, or otherwise, and to hold, use, acts enjoy, sell, let, and dispose of real and personal property of every kind, including lands, structures, mty, buildings, rights-of-way, easements, and privileges, and to construct, maintain, alter, and operate any and tem, all works or improvements, within or without the district, necessary or proper to carry out any of the nce, objects or purposes of this act and convenient to the full exercise of its powers, and to complete, extend, J or add to,repair or otherwise improve any works, or improvements,or property acquired by it as authorized ith, by this act. 11 water Uricod) 93 Phil Batchelor The Board of Supervisors ContraWe, d Clerk off the Board County Administration Building � tCounty Administrator Costa 651 Pine St., Room 106 v (510)646-2371 Martinez, California 94553-1290 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District * �� Sunne Wright McPeak,4th District ., Tom Torlakson,5th District 3TqcouT1 June 21, 1994 Ms. Betty Maffei, Director Contra Costa History Center 1700 Oak Park Blvd. Pleasant Hill, CA. 94523 Dear Ms. Maffei: The Water Committee, which is currently led by Supervisor Tom Torlakson and myself, recently met to consider the current role of the Contra Costa County Water Agency and explore the potential for expanding it. Persons involved with water matters during the Water Agency's earlier years indicated principal reasons for the Water Agency's formation in 1957. However, the Water Committee has considered the review and organization of County information on the Water Agency in a historical context, as a necessary component of this exploration process. As a result, the County Board of Supervisors has authorized this letter to gauge your level of interest in providing an intern for a short- term period (approximately 3 months) to review and organize these Water Agency files. Please let us know if you are interested in providing the County with an intem to complete this necessary task by contacting Edy Zwierzycki at(510) 646-4195. Thanks for your consideration of this request and responding in a timely manner. Sincer , Tom owers Chair, Board of Supervisors