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AB-1125 Alameda County Flood Control and Water Conservation District.(2003-2004)

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AB1125:v95#DOCUMENT

Assembly Bill No. 1125
CHAPTER 284

An act to amend Section 36 of the Alameda County Flood Control and Water Conservation District Act (Chapter 1275 of the Statutes of 1949), relating to water.

[ Filed with Secretary of State  September 04, 2003. Approved by Governor  September 03, 2003. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1125, Houston. Alameda County Flood Control and Water Conservation District.
Existing law, the Alameda County Flood Control and Water Conservation District Act, establishes the Alameda County Flood Control and Water Conservation District and grants to the district authority relating to, among other things, flood control and stormwater. Under the district law, the Board of Supervisors of Alameda County serves as the Board of the Alameda County Flood Control and Water Conservation District.
The district law authorizes the board of the district to establish zones and provides for the formation of a zone lying, in whole or in part, in Pleasanton or Murray Townships. That zone is required to be governed by a board of 7 directors (zone board) who are required to be elected by the voters residing within that zone.
The district law requires the approval of the zone board before the district may undertake a project or improvement on behalf of that zone, or before the district imposes certain charges or incurs bonded indebtedness for the purposes of that project or improvement.
This bill would delete the provisions that require the approval of the zone board for certain actions and, instead, would require the zone board to govern and control, in accordance with district law and without further action by the district board, all matters relating only to that zone. The bill would require that all matters that relate both to a zone and to another portion of the district be approved by both the zone board and the district board.

The people of the State of California do enact as follows:


SECTION 1.

 Section 36 of the Alameda County Flood Control and Water Conservation District Act (Chapter 1275 of the Statutes of 1949) is amended to read:

Sec. 36.
 Notwithstanding any other provisions of this act, the following shall apply with respect to the establishment, government, operation, and financing of any zone lying, in whole or in part, in Pleasanton or Murray Townships:
1. The board of supervisors shall have no authority to proceed with the establishment of any zone lying, in whole or in part, in Pleasanton or Murray Townships without first obtaining the approval thereof by a vote of a majority of the qualified electors voting at a regular or special election on the proposition. The election shall be held, as nearly as practicable, in accordance with the general election laws of the state, and the cost thereof shall be reimbursed to the district if a zone is established.
2. Any zone established by the board of supervisors under the provisions of this act lying, in whole or in part, in Pleasanton or Murray Townships, shall be governed and controlled by a board of seven directors elected by the qualified electors residing within the boundaries of the zone.
The term of directors shall be four years. Elections for directors shall be consolidated with the direct primary election in each even-numbered year. Terms of office shall commence July 1st of the year in which elected.
Vacancies in the membership of a board shall be filled for the unexpired term by appointment by a majority of the remaining members of the board.
The directors shall be elected at large and, except as provided herein, the election of the directors shall be conducted in substantially the same manner as provided by the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code), except that the time for the nomination of candidates and issuance of notices in connection therewith shall be at the times provided by general law for the nomination of candidates at the direct primary election.
The directors shall be residents of the proposed zone and qualified electors and owners of real property therein.
The board of directors may authorize each director to receive compensation not exceeding fifty dollars ($50) for each meeting of the board attended by the director, not exceeding four meetings in any calendar month, and his or her actual and necessary expenses incurred in performance of official duties under this act, payable from the funds of the zone.
3. The board of directors of any zone in which directors have been elected as provided in this act shall have the power to make and enforce all needful rules and regulations for the administration and government of the zone. The zone board may appoint a chairperson, a secretary, and other officers, agents and employees for the zone board, or zone that, in its judgment, may be deemed necessary, prescribe their duties, and fix their compensation. The officers, agents, and employees shall be appointed under and pursuant to the civil service rules and regulations of the County of Alameda. However, the chairperson and secretary of the board, and experts, consultants, or technical or other advisers for particular purposes and laborers, employed for a temporary period, may be appointed by the zone board without reference to any classified civil service list.
4. Notwithstanding any other provision of this act, the zone board elected pursuant to this section shall govern and control, in accordance with this act and without further action by the district board, all matters that relate only to the zone established pursuant to this section. All matters that relate both to a zone established pursuant to this section and to another portion of the district shall be approved by both the zone board and the district board.
5. In any zone in which a board of directors has been elected, the tax or assessment for any purpose or purposes, other than administrative costs and expenses of the district, shall be based upon a budget or budgets prepared by, or under the direction of, the zone board of directors.
The taxes and assessments (other than the tax to pay the general administrative costs and expenses of the district and other than any taxes, assessments, or fees levied for improvement districts or pursuant to Sections 12.1, 12.2, and 16 of this act to pay bonds and interest thereon) levied by the board pursuant to Section 12 of this act upon any property in any zone lying, in whole or in part, in Pleasanton or Murray Townships shall not exceed in the aggregate the sum of fifteen cents ($0.15) on each one hundred dollars ($100) of assessed valuation unless a larger tax has been approved by a vote of not less than a majority of the qualified electors voting upon the proposition to increase the tax.
Notwithstanding any other provisions of this section, taxes and assessments may be levied by the board after approval by the zone board, pursuant to Sections 12 or 12.1 of this act, upon any property in the zone for the purpose of making payments to the State of California for the construction, maintenance, repair, and operation and all other costs of the zone’s prorated share of state water facilities.
6. The amount of bonded indebtedness outstanding at any time shall not exceed 5 percent of the assessed valuation of all taxable property in any zone lying, in whole or in part, in Pleasanton or Murray Townships.