BILL NUMBER: AB 2686 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member Nava
FEBRUARY 22, 2008
An act relating to the Santa Ynez Valley Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2686, as amended, Nava. Santa Ynez Valley Water District.
(1) Existing law authorizes various public entities, including
special districts, to provide water service and regulate groundwater.
This bill would enact the Santa Ynez Valley Water District Act.
The bill would establish the Santa Ynez Valley Water District in
Santa Barbara County. The bill would prescribe the composition of the
board of directors of the district. The bill would specify the
district's boundaries, powers, and purposes. The district would
succeed to the powers, rights, duties, responsibilities, obligations,
liabilities, and jurisdiction of Improvement District No. 1 within
the Santa Ynez River Water Conservation District, which entity would
cease to exist.
The bill would authorize the district to exercise the powers of a
water replenishment district. The district would be authorized to
impose groundwater charge based on the extraction of groundwater
within the district or within a zone of the district in the same
manner as a water conservation district. The bill would authorize the
district to appropriate, acquire, and conserve water for any useful
purpose, distribute water that may be stored or controlled by the
district, and undertake various actions relating to the provision of
water service. The district would be authorized to construct,
operate, and maintain one or more plants for the generation of
hydroelectric power and related transmission lines. The bill would
authorize the district to acquire, construct, and operate
recreational facilities to be used for public purposes. The bill
would authorize the district to act by ordinance in exercising
specified powers. A violation of an ordinance adopted by the district
would be a misdemeanor. By creating a new crime, the bill would
impose a state-mandated local program.
The bill would provide for the safekeeping and disbursement of the
funds of the district. The bill would authorize the board to impose
rates and charges and raise revenues through benefit assessments,
specified forms of indebtedness, and revenue bonds. The bill would
provide for the formation of zones within specific areas of the
district to provide different services, different levels of service,
different facilities, or additional revenues.
The bill would authorize the district to impose charges, including
groundwater charges, and other fees and assessments, in accordance
with specified constitutional requirements , if applicable
. By establishing requirements on the county in connection with the
elections of the district, the bill would impose a state-mandated
local program.
(2) This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
(3) 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 with regard to certain
mandates no reimbursement is required by this act for
a specified reason reasons
.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Santa
Ynez Valley Water District Act. It is intended to supplement the
Water Code, and reads as follows:
PART 1. INTRODUCTORY PROVISIONS
Chapter 1. Short Title and General Provisions
1. This act shall be known and may be cited as the Santa Ynez
Valley Water District Act.
2. A water district is hereby established in Santa Barbara County
to be known as the Santa Ynez Valley Water District.
3. This act shall be liberally construed to carry out its purposes
and intent.
Chapter 2. Legislative Declaration
10. The Legislature finds and declares all of the following:
(a) That the State of California and its people have a primary
interest in securing to the inhabitants and owners of the lands and
improvements within the area commonly known as the "Santa Ynez
Valley," in Santa Barbara County the greatest possible use,
conservation, management, and protection of the surface waters of the
Santa Ynez River, groundwater of the Santa Ynez Uplands Groundwater
Basin, and recycled water to the extent that recycled water may be
lawfully diverted and put to beneficial use for the common benefit of
water users within the district.
(b) In 1961, the Santa Ynez River Water Conservation District,
Improvement District No. 1 was formed pursuant to the Water
Conservation District Law of 1931.
(c) Between 1968 and 2007, the Santa Ynez River Water Conservation
District, Improvement District No. 1 has provided needed public
services, facilities, and supplies to residents of the Santa Ynez
Valley.
(d) There is the need to reorganize the Santa Ynez River Water
Conservation District, Improvement District No. 1 to most efficiently
and effectively use, conserve, manage, and protect the waters of the
Santa Ynez Valley for the public good.
(e) The enactment of this act is necessary for the public peace,
health, safety, and welfare.
Chapter 3. Definitions
20. Unless the context otherwise requires, the provisions of this
part govern the construction of this act.
21. The definition of a word applies to any of its variants.
22. The terms used in this act have the following meanings:
(a) "Board" or "board of directors" means the board of directors
of the district.
(b) "Board of supervisors" means the board of supervisors of the
county.
(c) "County" means Santa Barbara County.
(d) "District" means the Santa Ynez Valley Water District.
(e) "Elector" means any elector residing within the district,
whose name appears on the register of voters of the last general
election.
(f) "Improvement District No. 1" means the Santa Ynez River Water
Conservation District, Improvement District No. 1.
(g) "President" means the president of the board.
(h) "Secretary" means the secretary of the board.
(i) "Treasurer" means the treasurer of the board.
(j) "Uniform District Election Law" means the Uniform District
Election Law as set forth in Part 4 (commencing with Section 10500)
of Division 10 of the Elections Code.
Chapter 1. Boundaries
30. The initial boundaries of the district are described in
Resolution No. ___ of Improvement District No. 1, and recorded with
the county recorder's office on ___, 2008, as Document Number ___.
31. The district may be entirely within unincorporated territory
or partly within unincorporated and partly within incorporated
territory.
32. The territory to be included within the district need not be
contiguous.
Chapter 2. Improvement District No. 1: Acquisition of
Properties, Rights and Functions
40. (a) The district succeeds to, and is vested with, all the
powers, rights, duties, responsibilities, obligations, liabilities,
and jurisdiction of Improvement District No. 1. Improvement District
No. 1 shall cease to exist as of January 1, 2009.
(b) The status, position, benefits, and rights of any officer or
employee of Improvement District No. 1 shall not be affected by the
succession of the district and shall continue with the district.
(c) The legal title to the real and personal property of
Improvement District No. 1 shall immediately and by operation of law
vest in the district. No payment for the acquisition, use, or right
of use, of any property, real or personal, acquired or constructed by
Improvement District No. 1 shall be required by reason of the
succession of the district pursuant to subdivision (a); nor shall any
payment for the district's acquisition of the powers, rights,
duties, responsibilities, obligations, liabilities, and jurisdiction
be required by reason of that succession.
(d) The district shall succeed to and is vested with all of the
following:
(1) All permits, contracts, joint power agreements, leases,
licenses, bonds, and other agreements of Improvement District No. 1.
(2) All property of Improvement District No. 1, real or personal,
including, but not limited to, land holdings, improvements, offices,
equipment, supplies, moneys, funds, books, records, and
appropriations.
(3) All obligations of Improvement District No. 1, including, but
not limited to, all claims, suits, liabilities, judgments, or other
proceedings, connected with Improvement District No. 1.
(e) All ordinances, policies, resolutions, rules, and regulations
adopted by Improvement District No. 1 in effect immediately preceding
January 1, 2009, shall remain in effect and shall be fully
enforceable unless and until readopted, amended, or repealed, or
until they expire by their own terms. Any statute, law, rule, or
regulation now in force, or that may hereafter be enacted or adopted
with reference to Improvement District No. 1 shall mean the district.
(f) Any action by or against Improvement District No. 1 shall not
abate but shall continue in the name of the district, and the
district shall be substituted for Improvement District No. 1 by the
court wherein the action is pending. The substitution shall not in
any way affect the rights of the parties to the action.
(g) Any permit, contract, joint powers agreement, lease, license,
or any other agreement to which Improvement District No. 1 is a
party shall not be void or voidable by reason of this act, but shall
continue in full force and effect, with the district succeeding to
and vested with the powers, rights, duties, responsibilities,
obligations, liabilities, and jurisdiction of Improvement District
No. 1. The succession by the district shall not in any way affect the
rights of the parties to the permit, contract, joint powers
agreement, lease, license, or other agreement.
(h) Any approval or determination of Improvement District No. 1,
including, but not limited to, terms and conditions made with respect
to a customer, made prior to January 1, 2009, shall not be void or
voidable by reason of this act, but shall continue in full force and
effect, with the district succeeding to the powers, rights, duties,
responsibilities, obligations, liabilities, and jurisdiction of
Improvement District No. 1. The succession by the district shall not
in any way affect the rights of the parties to that approval or
determination.
(i) Any indebtedness, bond, note, certificate of participation,
tax, assessment, rate, fee, charge, or any other action of the
Improvement District No. 1 taken before January 1, 2009, shall not be
void or voidable by reason of this act, but shall continue in full
force and effect, with the district succeeding to the powers, rights,
duties, responsibilities, obligations, liabilities, and jurisdiction
of Improvement District No. 1. The succession by the district shall
not in any way affect the rights of the parties to that indebtedness,
bond, note, certificate of participation, tax, assessment, rate,
fee, charge, or other action.
(1) Any outstanding bond, note, certificate of participation, or
other indebtedness issued by the Improvement District No. 1 shall
become the indebtedness of the district. Any ongoing obligations or
responsibilities of Improvement District No. 1 for managing and
maintaining bond issuances shall be transferred to the district
without impairment to any security contained in the bond instrument.
(2) Any tax, assessment, rate, fee, or charge of Improvement
District No. 1 in effect immediately preceding January 1, 2009, shall
remain in full force and effect and shall be fully enforceable
unless and until readopted, amended, or repealed in accordance with
this act and applicable provisions of the California Constitution.
Nothing in this part shall be construed as extending, imposing, or
increasing any tax, assessment, rate, fee, or charge.
(j) Each and every person, whether natural or corporate, may
enforce all of his or her vested rights or uses in the same manner,
and to the same extent, as might be done against Improvement District
No. 1.
(k) All inhabitants within the territory of the district and all
persons entitled to vote by reason of residing or owning land within
the territory are subject to the jurisdiction of the district and,
except as otherwise provided in this act, have the same rights and
duties as if Improvement District No. 1 continued to exist.
(i) In addition to the powers, rights, duties, responsibilities,
obligations, liabilities, and jurisdiction obtained by succession,
the district may exercise the powers that are expressly granted by
this act, together with other powers that are reasonably implied from
those expressed powers, and powers necessary and proper to carry out
the purposes and intent of this act.
PART 3. INTERNAL ORGANIZATION
Chapter 1. Directors
50. The board of directors of the district shall consist of five
members.
51. The initial board of directors of the district shall be
composed of the board of trustees elected to represent Improvement
District No. 1 and serving on December 31, 2008. Each of the
directors shall hold office for the remainder of his or her
applicable term of office for Improvement District No. 1, and until
his or her successor is elected and qualified.
52. Each director elected after January 1, 2009, shall hold office
for a term of four years and until his or her successor is elected
and qualified.
53. Vacancies occurring in the board, by reason of death,
resignation, or otherwise, shall be filled pursuant to Section 1780
of the Government Code.
54. Upon his or her election or appointment, each person who shall
be elected or appointed to the office of director shall qualify by
taking and subscribing to an official oath and executing and filing a
bond as provided in Section 55.
55. Each director shall execute an official bond in the sum of one
thousand dollars ($1,000). The director shall file that official
bond, together with his or her official oath, with the secretary.
56. All official bonds shall be in the form prescribed by law for
the official bonds of county officers.
57. (a) Each director shall receive compensation in an amount not
to exceed one hundred dollars ($100) per day for each day's
attendance at meetings of the board or for each day's service
rendered as a director by request of the board, not exceeding a total
of six days in any calendar month, together with any actual and
necessary expenses incurred in the performance of his or her duties
required or authorized by the board.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(c) Reimbursement for expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
Chapter 2. The Board
60. On the third Tuesday of the month in which the district is
established by this act, and annually thereafter, the directors shall
meet and organize as a board.
61. (a) The board shall manage and conduct the business and
affairs of the district.
(b) The board may adopt rules or bylaws for its proceedings.
(c) The board may adopt policies for the operation of the
district, including, but not limited to, administrative policies,
fiscal policies, personnel policies, and purchasing policies.
(d) The board may take any and all other actions that are
necessary or convenient to carry out the business and affairs of the
district as provided in this act.
62. The location of the office of the district shall be
established in the same location as the office of Improvement
District No. 1. The board may change the location of the office of
the district to some other proper and convenient place within or near
the district, provided that it shall not be changed without giving
notice thereof by posting in three public places in the district and
by publishing a similar notice at least once a week for 30 days in
some newspaper of general circulation published in the county.
63. The board shall hold regular meetings in its office on the
third Tuesday of each month, and any special meetings that may be
required for the proper transaction of business. Upon a finding by
the board for good cause, the board may, by resolution, increase the
frequency and number of regular meetings.
64. Notwithstanding Section 63, the board, by resolution, may
change the day and location for holding regular meetings. Notice of
any change shall be published once a week for at least two
consecutive weeks before the date for a regular meeting in a
newspaper of general circulation circulated in the district.
65. Meetings of the board of directors are subject to the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).
66. A majority of the total membership of the board shall
constitute a quorum for the transaction of business.
67. The secretary shall maintain a record of all proceedings of
the board.
68. The district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
69. The board may adopt a budget that conforms to the accounting
and budgeting procedures for special districts contained in
Subchapter 3 (commencing with Section 1031.1) of, and Article 1
(commencing with Section 1121) of Subchapter 2 of Division 2 of Title
2 of the California Code of Regulations.
70. The board shall, annually, make a verified statement of the
financial condition of the district, showing the receipts and
disbursements of the immediately preceding year, together with the
source of the receipts and purpose of the disbursements. This
statement shall be placed on file in the office of the district.
Chapter 3. Officers
80. At each of its organizational meetings, the board shall elect
a president and vice president from the directors. The president
shall preside over the meetings of the board and the vice president
shall serve in the president's absence or inability to serve. The
board may create additional offices and elect members to those
offices; however, no member of the board shall hold more than one
office.
81. The board shall appoint and set the salary of a secretary and
general manager, who shall hold office at the pleasure of the board.
The secretary and general manager may, but need not, be the same
person. The board shall set the amount of the bond to be given, if
any, for the faithful performance of his or her duties.
82. The bond of the secretary and general manager, if any, shall
be filed with the district.
Chapter 1. Divisions
90. The district shall be divided into four divisions, which shall
be as nearly equal in area as practicable and shall be numbered
consecutively. The initial divisions of the district shall be the
same as the divisions of Improvement District No. 1.
91. (a) The directors of the district shall be divided into two
classes. One class shall consist of the directors from divisions 2
and 3 and the at-large director and the other class shall consist of
the directors from divisions 1 and 4.
(b) The class having the greater number of directors shall hold
office until noon on the first Friday in December of the next
following even-numbered year following the effective date of this
act, or until his or her successor is elected and qualified.
(c) The class having the fewer number of directors shall hold
office until noon on the first Friday in December of the second next
following even-numbered year following the effective date of this
act, or until his or her successor is elected and qualified.
92. One director shall be elected from each division by vote of
the electors of the division, and one director shall be elected at
large by vote of the electors of the entire district. Each director
shall be an elector of the division for which he or she is elected,
if applicable, a qualified elector of the district, and a resident of
the county.
93. (a) The general district election shall be held on the first
Tuesday after the first Monday in November of each even-numbered year
at which directors for the district shall be elected to fill the
offices of the directors.
(b) The terms of office shall expire in accordance with this act
and the Uniform District Election Law.
Chapter 2. Relocation of Division Boundaries
100. The board of directors, by resolution, shall adjust the
boundaries of any divisions pursuant to Chapter 8 (commencing with
Section 22000) of Division 21 of the Elections Code.
101. Before any change of the boundaries of the divisions is made
pursuant to this chapter, the board shall give notice of its
intention to do so. The notice shall specify, in a general way, the
changes that the board proposes to make and a time and place for a
hearing at which any owner of land in the district may appear before
the board and object to the making of the proposed changes or
petition that a change be made otherwise than as proposed.
102. (a) The notice of intention to change the boundaries of the
divisions shall be published at least once a week for two weeks
before the time appointed for the hearing in one or more newspapers
of general circulation within the district. At the time and place
appointed for the hearing, or at the time and place to which the
hearing may be adjourned, the board shall hear all the objections and
petitions that are presented to the board. The board may make the
change or changes in the boundaries of the divisions as it determines
to be for the best interests of the district.
(b) If land is detached from the district, the board, not less
than 30 days before any election in the district, may reestablish the
boundaries of the divisions and election precincts within the
district.
(c) If land is annexed to the district, the board, not less than
30 days before any election in the district, shall reestablish the
boundaries of the divisions and election precincts within the
district to include the lands therein and to make the divisions as
nearly equal in area as may be practicable.
PART 5. POWERS AND PURPOSES
Chapter 1. Powers and Duties Generally
110. The district shall have perpetual succession and shall adopt
a seal and alter it at the pleasure of the board.
111. The district may make contracts, including, but not limited
to, contracts to employ labor and hire equipment, and do all acts
necessary for the full exercise of its powers.
112. The district may appoint and employ one or more engineers,
attorneys, or other professionals to accomplish the purposes of the
district.
113. The district may cause work to be done and may acquire
property to accomplish the purposes of the district. The board shall
estimate the costs of that work or acquisition of property, together
with the acquisition of any necessary easements or rights-of-way to
ensure access to that work or property.
114. The district shall provide for the payment of all the debts
and just claims against the district.
115. The district may make available to the public information
concerning the rights, properties, activities, plans, and proposals
of the district.
116. (a) The district may issue bonds, and may impose assessments,
fees, and charges, to carry out this act.
(b) All assessments, fees, and charges shall , if applicable,
be imposed in accordance with applicable provisions
Article XIII C and Article XIII
D of the California Constitution. If new,
increased, or extended assessments are proposed, the board shall
comply with the applicable notice, protest and hearing procedures in
Section 53753 of the Government Code.
117. A district may acquire, construct, own, complete, use,
improve, maintain, and operate recreational facilities to be used for
public purposes.
118. The district may fix and assess reasonable charges for the
use of its recreational facilities by members of the public.
119. Notwithstanding any other provision of law, the board, by
resolution, may change the name of the district. The changed name
shall include the words "Water District."
Chapter 2. Water
130. The district may exercise the powers granted to a water
replenishment district pursuant to the Water Replenishment District
Act (Division 18 (commencing with Section 60000) of the Water Code).
131. The district may impose and collect a groundwater charge for
the extraction of groundwater within the district or within a zone of
the district in the same manner as a water conservation district,
pursuant to Part 9 (commencing with Section 75500) of Division 21 of
the Water Code. The groundwater charge shall, if applicable, be
imposed in accordance with Article XIII C and
Article XIII D of the California Constitution.
132. (a) The district may do any of the following:
(1) Enter into contracts with any city, county, city and county,
or other public agency to provide for the delivery to the district of
sewage, recycled water, or stormwater produced by, or from,
municipalities, sanitary districts, or other incorporated bodies
either within or without the district.
(2) Enter joint powers agreements pursuant to the Joint Exercise
of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7
of Title 1 of the Government Code).
(3) Collect, treat, purify, dispose, discharge, and recycle
sewage, recycled water, or stormwater for beneficial use.
(4) Store, treat, distribute, sell, or otherwise dispose of
sewage, recycled water, stormwater, or byproducts resulting from that
collection, treatment, purification, or recycling.
(b) The district may acquire, construct, own, complete, use,
improve, maintain, and operate the works necessary for the purposes
described in subdivision (a), and may acquire, construct, own,
complete, use, improve, maintain, and operate pipelines, flumes,
ditches, and reservoirs suitable or adaptable to prevent the waste of
water.
(c) Whenever the district receives revenue from the sale of
sewage, recycled water, stormwater, or byproducts described in
paragraph (3) of subdivision (a) in excess of the cost of operating
and maintaining the works authorized in this section, it may, for the
purpose of enlarging, extending, or improving those works, issue its
certificates of indebtedness payable out of those excess revenues,
and pledge the same for the payment of the indebtedness so created.
133. The district may construct, operate, and maintain one or more
plants for the generation of hydroelectric power and transmission
lines for the conveyance of hydroelectric power. Construction of the
plants or transmission lines may be financed 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) or other method of financing authorized by this
act.
134. The hydroelectric plant or plants and transmission lines
constructed pursuant to Section 132 may be leased for operation to,
or the electricity generated may be sold to, a public utility or
public agency engaged in the distribution, use, or sale of
electricity. The district may use the electricity generated in
accordance with Section 132 for its own purposes, or for the
production or transmission of water. The district shall not offer to
sell the electricity directly to customers other than a public
utility or public agency
135. The district may make surveys and investigations of the water
supply and resources of the district.
136. The district may appropriate, acquire, and conserve water and
water rights for any useful purpose.
137. The district may conserve, store, treat, spread, and sink
water, and for those purposes may acquire or construct dams, dam
sites, reservoirs and reservoir sites, canals, ditches, conduits,
spreading basins, sinking wells, and sinking basins.
138. The district may maintain, operate, and repair dams, dam
sites, reservoirs and reservoir sites, treatment facilities, canals,
ditches, pipes, pumps, spreading basins, sinking wells, and sinking
basins.
139. The district may provide for the construction, operation, and
maintenance of works, facilities, or operations within or outside
the district boundaries that the board determines necessary to
protect the land or other property in the district from damage by
flood or overflow.
140. The district may drill, construct, install, and operate
wells, pumps, pipelines, conduits, valves, gates, meters, treatment
facilities, and other appurtenances to those wells, pipelines, and
conduits, and may pump water therefrom for sale, delivery,
distribution, or other disposition.
141. The district may sell, treat, deliver, distribute, or
otherwise dispose of any water that may be stored or appropriated,
owned, or controlled by the district.
142. The district may fix the rates at which water may be sold by
the district. The rates shall be uniform for like classes of service
throughout the district.
150. The district, for the purposes of carrying out this act, may
do both of the following within or outside the district:
(a) Take real and personal property of every kind by grant,
appropriation, purchase, gift, devise, condemnation, or lease.
(b) Hold, use, enjoy, manage, occupy, possess, lease, convey, or
dispose of real and personal property of every kind.
151. The legal title to all property acquired by the district
shall immediately and by operation of law vest in the district, and
shall be held in trust for and set apart for the uses and purposes
set forth in this act.
152. The district may take conveyances or other assurances for all
property acquired by the district.
153. (a) The district may exercise
the right of eminent domain to acquire any real or personal property
within or outside the district. If the district acquires real or
personal property of a public utility by eminent domain, the district
shall also pay for the cost of removal, reconstruction, or
relocation of any structure, mains, pipes, conduits, wires, cables,
or poles that are required to be moved to a new location.
(b) The right of eminent domain shall not extend to any property
used for, or dedicated to, cemetery purposes.
154. The district may exchange or dispose of surplus real or
personal property for the benefit of the district.
Article 1. In General
160. The district may cooperate and contract with one or more
other public agencies to carry out this act.
161. (a) The district may contract with any state agency to
finance any district improvement authorized by this act. The terms of
the contract shall be consistent with this act. Notwithstanding any
other provision in this act, the term of the contract may extend up
to 30 years.
(b) The district may enter into agreements with a public agency to
acquire, purchase, or construct works or other property, real or
personal, for the joint use or benefit of the district and that
public agency, and may raise any necessary funds by assessments,
bonds, or any other means authorized by law.
(c) The district, for the benefit of the district, may enter into
agreements to authorize a public agency to construct and operate the
works described in subdivision (b), or acquire the property for that
purpose.
162. A district may contract with any local agency, state
department or agency, federal department or agency, or any tribal
government for the provision by or to the district of any facilities,
services, or programs authorized by this act, within or without the
district, subject to Section 56133 of the Government Code.
Article 2. Contracts for Supply of Water and Construction of
Works
170. The district may contract with any city, county, city and
county, or other public agency organized under the laws of this state
for a water supply.
171. The district may enter into contracts with a city, county,
city and county, other public agency, the state, or the United
States, under terms that may be mutually advantageous, for the
acquisition or construction of the works authorized by this act, and
each of the parties to the contract may contribute to the cost of the
acquisition or construction of those amounts of money that may be
agreed upon. The contracts shall provide for the operation and
maintenance of the works acquired, and for the treatment,
distribution and sale of any water that may be stored or controlled,
by the parties to the contracts. Any surplus revenue derived from
that sale, after paying the cost of the operation and maintenance of
the works, may be distributed to the parties to the contract in
proportions that may be agreed upon, or may be used for extensions
and improvements.
172. The district may enter into contracts with any city, county,
city and county, other public agency, the state, or the United
States, under terms that may be mutually advantageous, for the
acquisition or disposal of water or water rights or water storage
facilities and rights, or any interest in water, water rights, or
water storage and treatment facilities and rights for any useful
purpose.
Article 3. Cooperation with the United States
180. The district may cooperate and contract with the United
States either under the federal Reclamation Act of June 17, 1902, and
all acts amendatory thereof or supplementary thereto, or under any
other act of Congress, enacted before or after the enactment of this
act, that authorizes that cooperation or the exercise of contract
authority.
181. The cooperation or contract with the United States may be for
any of the following purposes in carrying out this act:
(a) Acquisition or construction of works authorized by this act.
(b) A water supply.
(c) Acquisition or disposal of water or water rights or water
storage or conservation facilities and rights, and any interest in
the water, water rights, or water storage or conservation facilities.
(d) Acquisition or construction of works for any useful purpose.
(e) Investigation, study, or preparation of proposals or plans for
any or all of the above purposes.
(f) Obligation of the district to repay to the United States
advances of funds made by the United States to the district for any
of the purposes described in this section.
(g) Assumption as principal or guarantor of indebtedness to the
United States.
182. The district may carry out and perform the terms of any
contract made pursuant to this article.
183. For the purposes of this article, "United States" includes
the United States, and any board, bureau, agency, office or officers,
department, or corporation of the United States.
184. The board may carry out all acts necessary to exercise the
authority granted by this article, except that if the issuance of
bonds of the district is necessary for those purposes, the bonds
shall be voted upon and issued in the manner provided in this act.
185. When, in furtherance of a contract made with the United
States, bonds of the district are authorized, the bonds may be
transferred to or deposited with the United States, at not less than
their par value. In that case, the interest or principal, or both, of
the bonds may be legally paid to the United States and applied to
the amount, or any part thereof, to be paid by the district to the
United States, as provided in the contract.
186. The board may accept, on behalf of the district, the
appointment of the district as fiscal agent of the United States, or
authorization of the district by the United States, to make
collection of money for, and on behalf of, the United States, and to
assume the duties and liabilities incidental thereto. The board may
carry out any action required by the federal statutes, without regard
to the date of enactment, in connection with, all things required by
any rules or regulations established on or after January 1, 2009,
under any federal statutes.
187. A contract entered into between the district and the United
States may provide that the district shall not be dissolved, nor
shall the boundaries be changed except upon the written consent of an
official of the United States filed with the official records of the
district. If that consent is given and the lands excluded, the area
excluded shall be free from all liens and charges for payments to
become due to the United States under any such contract.
188. As whole or partial consideration for any privileges obtained
by the district under any contract with the United States, any
rights-of-way or any rights to water or to to the property owned or
acquired by the district may be conveyed by the board to the United
States if they are needed for the construction, operation, and
maintenance of works by the United States for the benefit of the
district pursuant to that contract.
Chapter 5. Controversies
190. The district may sue and be sued, except as otherwise
provided in this act or other law, in all actions and proceedings in
all courts and tribunals of competent jurisdiction.
191. The district may commence, maintain, intervene in, and
compromise, in the name of the district, and assume the costs of, any
action or proceeding involving or affecting the ownership or use of
water or water rights within the district, used or useful for any
purposes of the district, or of common benefit to the lands situated
in the district.
192. The district may commence, maintain, intervene in, defend,
and compromise actions and proceedings to prevent interference with
or diminution of the natural flow of any stream or streams or
unnavigable or navigable rivers, including the natural subterranean
supply of water therefrom, that may be used or useful for any purpose
of the district, or a common benefit to the lands within the
district or its inhabitants. The district may commence, maintain, and
defend actions and proceedings to prevent that interference with
waters that may endanger the inhabitants or lands of the district.
193. The district may institute and maintain any and all actions,
proceedings, and suits at law or in equity necessary or proper to
fully carry out this act, or to enforce, maintain, protect, or
preserve any and all rights, privileges, and immunities created by
this act or acquired pursuant to this act.
194. In all courts, actions, suits, or proceedings, the board may
sue, appear, and defend in the name of the district in person or by
attorneys.
195. Part 3 (commencing with Section 900) and Part 4 (commencing
with Section 940) of Division 3.6 of Title 1 of the Government Code
govern all claims for money or damages against the district, except
as otherwise provided by this act or other applicable law.
Chapter 6. Adoption of Ordinances
200. The district may act by ordinance and enforce rules and
regulations for the administration, operation, use, and maintenance
of the facilities and services and the exercise of its powers under
this act. All ordinances shall be enacted only by rollcall vote
entered into the proceedings of the board.
201. An ordinance shall be in full force and effect upon adoption,
but shall be published once in full in a newspaper of general
circulation, printed, published, and circulated in the district
within 10 days after adoption, or if there is no such newspaper,
posted within that time in three public places within the district.
202. (a) It is a misdemeanor for any person to violate any
district ordinance adopted pursuant to Section 200 after the
publication or posting of the ordinance pursuant to Section 201. The
violation shall be punishable by a fine not to exceed five hundred
dollars ($500), or imprisonment in the county jail not to exceed 30
days, or by both that fine and imprisonment. Any violation or
threatened violation may also be enjoined by civil action.
(b) Any citation issued by the district for violation of an
ordinance adopted by the board may be processed as an infraction
pursuant to subdivision (d) of Section 17 of the Penal Code.
PART 6. FINANCIAL PROVISIONS
Chapter 1. Funds and Warrants
210. Notwithstanding Sections 54900 to 54903, inclusive, of the
Government Code, the district is validly created for the purposes of
assessment and taxation.
211. The district is the repository of all the funds of the
district. The treasurer of the district shall receive and receipt for
such moneys, and place such moneys to the credit of the district.
The treasurer shall be responsible upon his or her official bond for
the safekeeping and disbursement, in the manner provided in this act,
of these and all moneys of the district.
212. No claim shall be paid by the treasurer until allowed by the
board.
213. The treasurer shall pay out the moneys of the district only
upon warrants of the district, drawn upon order of the board signed
by the president and attested to by the secretary.
214. Upon presentation of any matured bond, or any matured
interest coupon on any bond of the district, the treasurer shall pay
it from the bond fund. If funds are not available for the payment of
any such matured bond or interest coupon, it shall draw interest at
the rate of 7 percent per annum from the date of its presentation for
payment until notice is given that funds are available for its
payment, and it shall be stamped and provision made for its payment,
as in the case of a warrant for the payment of which funds are not
available on its presentation.
215. The treasurer shall report in writing at each regular meeting
of the board, and as often thereafter as requested by the board, the
amount of money on hand, the amount of receipts since his or her
last report, and the amounts paid out. Such reports shall be verified
and filed with the secretary.
216. The board shall disburse funds of the district. Such funds
shall be deposited by the board in a bank or banks approved for
deposit of public funds and shall be withdrawn only by written order
of the board, signed by the president and secretary. The order shall
specify the name of the payee, the fund from which it is to be paid
and state generally the purpose for which payment is to be made. Such
order shall be entered in the minutes of the board. The board shall
appoint a treasurer who shall be responsible for the deposit and
withdrawal of funds of the district. The treasurer shall deposit with
the district, prior to October 1 of each year, a surety bond in an
amount annually fixed by the board. The deposit and withdrawal of
funds of the district shall thereafter be subject to the provisions
of Article 2 (commencing with Section 53630) of Chapter 4 of Part 1
of Division 2 of Title 5 of the Government Code.
217. The board has no power, except as provided in this act as to
certificates of indebtedness, notes, special assessments, and the
issuance of bonds by the district, to incur any debt or liability
whatever in excess of the express provisions of this act. Any debt or
liability incurred in excess of such express provisions, except as
to certificates of indebtedness, notes, special assessments, and the
issuance of bonds, is absolutely void.
218. The board may establish by resolution a revolving fund in an
amount not to exceed one thousand dollars ($1,000) to be used to make
change and pay small bills directly. The resolution which
establishes the revolving fund shall designate all of the following:
(a) The purposes for which the fund may be expended.
(b) The officer of the district who shall have authority to make
disbursements from the fund and be responsible for keeping account of
all receipts and disbursements.
(c) The necessity for the fund.
(d) The maximum amount of the fund.
Chapter 2. Rates and Charges
220. (a) The board may, by resolution or ordinance, do any or all
of the following:
(1) Establish rates or other charges for services and facilities
that the district provides.
(2) Provide for the collection and enforcement of those rates or
other charges.
(3) Among the permissible methods for collection and enforcement
are:
(A) To provide that the charges for any of these services and
facilities may be collected with the rates or charges for any other
services and facilities provided by the district, and that all
charges may be billed on the same bill and collected as one item.
(B) To provide that if all or part of a bill is not paid, the
district may discontinue any or all services.
(C) To provide for a basic penalty for the nonpayment of charges
of not more than 10 percent, plus an additional penalty of not more
than 1 percent per month for the nonpayment of the charges and the
basic penalty. The board of directors may provide for the collection
of these penalties.
(b) The board of directors may provide that any charges and
penalties may be collected on the tax roll in the same manner as
property taxes. The general manager shall prepare and file with the
board of directors a report that describes each affected parcel of
real property and the amount of charges and delinquencies for each
affected parcel for the year. The general manager shall give notice
of the filing of the report and of the time and place for a public
hearing by publishing the notice pursuant to Section 6066 of the
Government Code in a newspaper of general circulation, and by mailing
the notice to the owner of each affected parcel. At the public
hearing, the board of directors shall hear and consider any
objections or protests to the report. At the conclusion of the public
hearing, the board of directors may adopt or revise the charges and
penalties. The board of directors shall make its determination on
each affected parcel and its determinations shall be final. On or
before August 10 of each year following these determinations, the
general manager shall file with the county auditor a copy of the
final report adopted by the board of directors. The county auditor
shall enter the amount of the charges and penalties against each of
the affected parcels of real property as they appear on the current
assessment roll. The county tax collector shall include the amount of
the charges and penalties on the tax bills for each affected parcel
of real property and collect the charges and penalties in the same
manner as property taxes.
(c) The board of directors may recover any charges and penalties
by recording in the office of the county recorder of the county in
which the affected parcel is located, a certificate declaring the
amount of the charges and penalties due, and the name and last known
address of the person liable for those charges and penalties. From
the time of recordation of the certificate, the amount of the charges
and penalties constitutes a lien against all real property of the
delinquent property owner in that county. This lien shall have the
force, effect, and priority of a judgment lien. Within 30 days of
receipt of payment for all amounts due, including the recordation
fees paid by the district, the district shall record a release of the
lien. In filing any instrument for recordation, the district shall
pay the fees required by Article 5 (commencing with Section 27360) of
Chapter 6 of Part 3 of Title 3 of the Government Code.
(d) A district shall reimburse the county for the reasonable
expenses incurred by the county pursuant to this section.
(e) Any remedies for the collection and enforcement of rates or
other charges are cumulative and the district may pursue remedies
alternatively or consecutively.
221. (a) The district may accept any revenue, money, grants,
goods, or services from any federal, state, regional, or local agency
or from any person for any lawful purpose of the district.
(b) In addition to any other existing authority, the district may
borrow money and incur indebtedness pursuant to Article 7.6
(commencing with Section 53850), and Article 7.7 (commencing with
Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code.
222. (a) The board of directors may charge a fee to cover the cost
of any service which the district provides or the cost of enforcing
any regulation for which the fee is charged. No fee shall exceed the
costs reasonably borne by the district in providing the service or
enforcing the regulation for which the fee is charged.
(b) Before imposing or increasing any fee for property-related
services, the board of directors shall follow the procedures of the
California Constitution.
(c) The board of directors may charge residents or taxpayers of
the district a fee authorized by this section that is less than the
fee which it charges nonresidents or nontaxpayers.
(d) The board of directors may authorize district employees to
waive the payment, in whole or in part, of a fee authorized by this
section when the board of directors determines that payment would not
be in the public interest. Before authorizing any waiver, a board of
directors shall adopt a resolution that specifies the policies and
procedures governing waivers.
223. The district may charge standby charges for water, sewer, or
water and sewer services pursuant to the Uniform Standby Charge
Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part
1 of Division 2 of Title 5 of the Government Code).
Chapter 3. Revenues
230. If the board of directors determines that the amount of
revenue available to the district or any of its zones is inadequate
to meet the costs of operating and maintaining the facilities,
programs, and services authorized by this division, the board of
directors may raise revenues pursuant to this chapter.
231. A district may impose benefit assessments for operations and
maintenance consistent with the requirements of the California
Constitution, including, but not limited to, benefit assessments
imposed pursuant to any of the following:
(a) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(b) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(c) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(d) Any other statutory authorization enacted on or after January
1, 2009.
Chapter 4. Capital Financing
240. Whenever the board of directors determines that the amount of
revenue available to the district or any of its zones is inadequate
to acquire, construct, improve, rehabilitate, or replace the
facilities authorized by this act, or for funding or refunding any
outstanding indebtedness, the board of directors may incur debt and
raise revenues pursuant to this chapter.
241. (a) Whenever the board of directors determines that it is
necessary to incur a general obligation bond indebtedness for the
acquisition or improvement of real property, the board of directors
may proceed pursuant to Article 11 (commencing with Section 5790) of
Chapter 4 of Division 5 of the Public Resources Code.
(b) Notwithstanding subdivision (a), the district shall not incur
bonded indebtedness pursuant to this section that exceeds 15 percent
of the assessed value of all taxable property in the district at the
time that the bonds are issued.
242. The board of directors may finance any enterprise and issue
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).
243. The district may impose benefit assessments to finance
facilities consistent with the requirements of the California
Constitution, including, but not limited to, benefit assessments
imposed pursuant to any of the following:
(a) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(b) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(c) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(d) Any other statutory authorization enacted on or after January
1, 2009.
244. The district may acquire and improve land, facilities, or
equipment, and issue securitized limited obligation notes pursuant to
Article 7.4 (commencing with Section 53835) of Chapter 4 of Part 1
of Division 2 of Title 5 of the Government Code.
245. (a) The district may issue promissory notes to borrow money
and incur indebtedness for the purpose of this act, including, but
not limited to, the payment of current expenses, pursuant to this
section.
(b) The total amount of indebtedness incurred pursuant to this
section outstanding at any one time shall not exceed 5 percent of the
district's total enterprise and nonenterprise revenues in the
preceding fiscal year. Any indebtedness incurred pursuant to this
section shall be repaid within five years from the date on which it
is incurred. Any indebtedness incurred pursuant to this section shall
bear interest at a rate that shall not exceed the rate permitted
under Article 7 (commencing with Section 53530) of Chapter 3 of Part
1 of Division 2 of Title 5 of the Government Code.
(c) Each indebtedness incurred pursuant to this section shall be
authorized by resolution adopted by a four-fifths vote of the total
membership of the board of directors and shall be evidenced by a
promissory note signed by the president of the board of directors and
the general manager.
Chapter 5. Zones
250. (a) Whenever the board of directors determines that it is in
the public interest to provide different services, provide different
levels of service, provide different facilities, or raise additional
revenues within specific areas of the district, the board may form
one or more zones pursuant to this chapter.
(b) The board of directors shall initiate proceedings for the
formation of a new zone by adopting a resolution that does all of the
following:
(1) States that the proposal is made pursuant to this chapter.
(2) Sets forth a description of the boundaries of the territory to
be included in the zone.
(3) States the reasons for forming the zone.
(4) States the different services, different levels of service,
different facilities, or additional revenues that the zone will
provide.
(5) Sets forth the methods by which those services, levels of
service, or facilities will be financed.
(6) Proposes a name or number for the zone.
(c) A proposal to form a new zone may also be initiated by a
petition signed by not less than 10 percent of the registered voters
residing within the proposed zone. The petition shall contain all of
the matters required by subdivision (b).
(d) Upon the adoption of a resolution or the receipt of a valid
petition, the board of directors shall fix the date, time, and place
for the public hearing on the formation of the zone. The board of
directors shall publish notice of the hearing, including the
information required by subdivision (b), pursuant to Section 6061 of
the Government Code in one or more newspapers of general circulation
in the district. The board of directors shall mail the notice at
least 20 days before the date of the hearing to all owners of
property within the proposed zone. The board of directors shall post
the notice in at least three public places within the territory of
the proposed zone.
251. (a) At the hearing, the board of directors shall hear and
consider any protests to the formation of the zone. If, at the
conclusion of the hearing, the board of directors determines either
that more than 50 percent of the total number of voters residing
within the proposed zone have filed written objections to the
formation, or that property owners who own more than 50 percent of
the assessed value of all taxable property in the proposed zone have
filed written objections to the formation, then the board of
directors shall terminate the proceedings. If the board of directors
determines that the written objections have been filed by 50 percent
or less of those voters or property owners who own 50 percent or less
than the assessed value of all taxable property, then the board of
directors may proceed to form the zone.
(b) If the resolution or petition proposes that the zone use
special taxes, benefit assessments, fees, standby charges, bonds, or
notes to finance its purposes, the board of directors shall proceed
according to law. If the voters or property owners do not approve
those funding
methods, the zone shall not be formed.
252. The board of directors may change the boundaries of a zone or
dissolve a zone by following the procedures in this part.
253. A local agency formation commission shall have no power or
duty to review and approve or disapprove a proposal to form a zone, a
proposal to change the boundaries of a zone, or a proposal to
dissolve a zone.
254. (a) As determined by the board of directors, a district may
provide any service, any level of service, or any facility within a
zone that the district may provide in the district as a whole.
(b) As determined by the board of directors and pursuant to the
requirements of this division, a district may exercise any fiscal
powers within a zone that the district may exercise in the district
as a whole.
(c) Any special taxes, benefit assessments, rates, fees, charges,
standby charges, bonds, or notes that are intended solely for the
support of services or facilities within a zone, shall be levied,
assessed, and charged within the boundaries of the zone.
(d) The district shall not incur a general obligation bonded
indebtedness for the benefit of a zone pursuant to this section that
exceeds 5 percent of the assessed value of all taxable property in
the zone at the time that the bonds are issued. In computing this
limit, the 5 percent shall include any other general obligation
bonded indebtedness applicable to that zone.
(e) The district shall not issue promissory notes for the benefit
of a zone that exceed 5 percent of the zone's total enterprise and
nonenterprise revenues in the preceding fiscal year. In computing
this limit, the 5 percent shall include any other promissory notes
applicable to that zone.
PART 7. MISCELLANEOUS PROVISIONS
260. (a) Except as otherwise provided in this act, territory may
be annexed to, or detached from, the district and a district may
undergo a change of organization or reorganization in accordance with
the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 (Division 3 (commencing with Section 56000) of Title 5 of the
Government Code). In the case of any conflict between that division
and this act, the provisions of this act shall apply.
(b) The district shall be deemed an "independent special district,"
as defined by Section 56044 of the Government Code.
261. The validity of any bonds authorized or issued under this
act, or any charge, fee, or assessment imposed upon the properties of
the district in pursuance of this act, shall not be in any manner
affected or impaired, should it be determined that any of the
trustees or officers participating in the proceedings for the
issuance of bonds, or the imposition of a charge, fee, or assessment,
were not legally elected or not lawfully in office.
262. (a) The district, in order to determine the legality of its
existence, may institute a proceeding pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure in the superior court of this state, in and for the
county, by filing with the clerk of the county a complaint setting
forth the name of the district, its exterior boundaries, the date of
its organization, and a prayer that it be adjudged a legal water
district formed under the provisions of this act.
(b) The summons in that proceeding shall be served by publishing a
copy thereof once a week for four weeks in a newspaper of general
circulation published in the county. The State of California shall be
a defendant in that action, and consent therefor is given.
(c) Service of summons therein shall be made on the Attorney
General. The Attorney General shall appear in that action on behalf
of the state in the same manner as with appearances in civil actions.
(d) Within 30 days after proof of publication of the summons has
been filed in that proceeding, the state, any property owner or
resident in the district, or any interested person may appear as a
defendant in that action by serving and filing an answer to the
complaint, in which case the answer shall set forth the facts relied
upon to show the invalidity of the district and shall be served upon
the attorney for the district before being filed in that proceeding.
(e) The proceeding is hereby declared to be a proceeding in rem
and the final judgment rendered therein shall be conclusive against
all persons whomsoever, including the district and the State of
California.
(f) If it is determined that the district does not legally exist
or if for any reason this act is held to be unconstitutional,
Improvement District No. 1 shall continue to operate in place of the
district, uninterrupted and unchanged, exercising the same rights and
duties it has historically, pursuant to the Water Conservation
District Law of 1931 (Division 21 (commencing with Section 74000) of
the Water Code), as if this act had never existed.
263. Any action to determine the validity of any bonds, warrants,
contracts, obligations, or evidences of indebtedness of the district
shall be brought pursuant to Chapter 9 (commencing with Section 860)
of Title 10 of Part 2 of the Code of Civil Procedure.
264. Any judicial action to compel performance of an action by the
district, its officers, or its directors shall be brought pursuant
to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of
the Code of Civil Procedure.
265. Any judicial review of any administrative act taken after a
hearing by the district shall be brought pursuant to Section 1094.5
of the Code of Civil Procedure.
SEC. 2. 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. 3. The Legislature finds and declares that this act, which is
applicable only to the Santa Ynez Valley Water District, is
necessary because of the unique and special surface water and
groundwater problems in the area included in the district. It is,
therefore, hereby declared that a general law within the meaning of
Section 16 of Article IV of the California Constitution cannot be
made applicable to the district and the enactment of this special law
is necessary for the conservation, development, management, control,
and use of that water for the public good.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
With respect to certain other expenses, no reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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.
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