HomeMy WebLinkAboutItem 8.4 Consider AB1125 Zone 7 CITY CLERK
File # 660-40 Ln 0'[~-~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 6, 2003
SUBJECT: Consideration of Assembly Bill 1125 (Houston) re: the Alameda
County Flood Control and Water Conservation District (Zone 7)
Report Prepared by: Christopher L. Foss
Economic Development Director
ATTACHMENTS: ~1'. Assembly Bill 1125 (Houston)
RECOMMENDATION: .~!~dxO Receive report and provide Staff with appropriate direction relative
"~ to Assembly Bill 1125.
FINANCIAL STATEMENT: None.
DESCRIPTION: The Alameda County Flood Control and Water Conservation
District was formed in 1949 to provide for the control and conservation of flood and storm waters. The
District is governed, ex officio, by the Alameda County Board of Supervisor (District Board), and the
District is divided into ten (10) zones to provide for flood control projects that specifically benefit each
zone. The City of Dublin lies with Zone 7, which has an elected Board of Directors. Since its inception,
the Zone 7 Board has interpreted the District's enabling act to allow the Board to take certain actions
without the concurrence of the District Board, while other actions (predominantly public improvement
projects) would require two approvals - one at the Zone 7 Board level and one at the District Board level.
Assembly Bill 1125, as proposed, would further modify the existing relationship between the District
Board and the Zone 7 Board to allow the Zone 7 Board to govern all matters related to Zone 7 without the
prior approval of the District Board (with the exception of the annual budget). The bill's author believes
that this proposed relationship would streamline the Zone 7's capital improvement program. Assembly
Bill 1125 was approved by the California State Assembly on April 24, 2003 by a vote of 73-0, and was
sent to the State Senate.
At the request of Mayor Lockhart, Staff has placed Assembly Bill 1125 on this agenda for discussion and
consideration. Mayor Lockhart has requested that the City Council consider supporting a proposed
modification to Assembly Bill 1125 which would require that all Zone 7 Directors be elected by district.
RECOMMENDATION: Receive report and provide Staff with the appropriate direction relative to
Assembly Bill 1125.
COPIES TO: Dale Myers, Zone 7
Bert Michalczyk, DSRSD
ITEM NO. ~
H/cc-forms/agdastmt. doc
AMENDED IN ASSEMBLY APR1L 7, 2003
CALIFORNIA LEGISLATURE--2003-04 REGULAR SESSIO'N
ASSiEMBLY BILL No. 11.25
Introduced by Assembly Member Houston
(Coauthors: Assembly Nlembers Corbett and Dntra)
(Coauthor: Senator ?erata)
February 21., 2003
An act to amend Section 36 of the Alameda County Flood Control
and ~Vater Conservation District Act (Chapter 1275 of the Statutes of
1949), relating to water.
LEGISLATIVE COUNSEl'S DIGEST
AB 1125, as amended, Houston. Alameda County Flood Control
and 'Water Conservation District.
Existing law, the Alameda County Flood Con.trol 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 storm water.
Under the district law, the Board of Supervisors of Alameda County
serv'es 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 ibr the fmmation of a zone lying, in whole or in part, in
Pleasanton or Murray Township. That zone is required to be governed
by a board of 7 directors (zone bom'd) who are required to be elected by
the voters residing within that zone.
The disn'ict law requires the aplproval of the zone board before the
district may undertake a project or improvement on behalf of that zone,
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Attachment 1
AB 1125 2
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 authorize 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.
Vote: majority. Appropriation: no. Fiscal comm.ittee: no.
State-mandated local program: no.
The people of the State of California do e~act as follows:
1 SECTION 1. Section 36 of the Alameda County Flood
2 Control and Water Conservation District Act (Chapter 1275 of the
3 Statutes of 1949) is amended to read:
4 Sec. 36. Notwithstanding any other provisions of this act, the
5 fbllowing shall apply with respect to the establishment,
6 government, operation, and financing of any zone lying, in whole
7 or in part, in Pleasanton or Murray Toxvnships:
8 1. The board of supervisors shall have no authority to proceed
9 with the establishment of any zone lying, in whole or in part, in
10 Pleasanton or Murray Townships without first obtaining the
11 approval thereof by a vote of a majority of the qualified electors
112 voting at a regular or special election on the proposition. The
13 election shall be held, as nearly as practicable, in accordance with
14 the general election laws of the state, and the cost thereof shall be
15 reimbursed to the district ifa zone is established.
16 2. Any zone established by the board of supervisors under the
17 provisions of this act lying, in whole or in part, in Pleasanton or
18 Murray Townships, shall be governed and controlled by a board
19 of seven directors elected by the qualified electors residing within
20 the boundaries of the zone.
21 The term of directors shall be four years. Elections for directors
22 shall be consolidated with the direct primary election in each
23 even-numbered year. Tern~s of office shall commence July 1st of
24 the year in which elected.
25 Vacancies in the membership of a board shall be filled for the
26 unexpired term by appointment by a majority of the remaining
27 members of the board.
28 The directors shall be elected at large and, except as provided
29 herein, the election of the directors shall be conducted in.
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3 AB 1125
1 substantially the same manner as provided by the 'Uniform District
2 Election Law (Part 4 (commencing with Section 10500) of
3 Division 10 ofth.e Elections Code), except that the time for the
4 nomination of candidates and issuance of notices in connection
5 therewith shall be at the times provided by general law for the
6 nomination of candidates at the direct primary election.
7 The directors shall be residents of the proposed zone and
8 qualified electors and owners of real property therein.
9 The board of directors may authorize each director to receive
10 compensation not exceeding fifty dollars ($50) for each meeting
11 of the board attended by the director, not exceeding four meetings
12 in any calendar month, and his or her actual and necessary
13 expenses incurred in performance of official duties under this act,
14 payable from the funds of the zone.
15 3. The board of directors of any zone in which directors have
16 been elected as provided in this act shall have the power to make
17 and entbrce all needful roles and regulations for the administration
18 and government of the zone . The zone board may appoint a
19 chairperson, a secretary, and other officers, agents and employees
20 for the zone board, or zone that, in its judgment, may be deemed
21 necessary, prescribe their duties, and fix their compensation. The
22 officers, agents, and employees shall be appointed under and
23 pursuant to the civil service rules and regulations of the County of
24 Alameda. However, the chairperson and secretary of the board,
25 and experts, consultants, or technical or other advisers for
26 particular purposes and laborers, employed £or a temporm.-y
27 period, may be appointed by the zone board without reference to
2~ any classified civil service list.
29 4. Notwithstanding any other provision of this act. the zone
30 board elected pursuant to this section may govern and control, in
31 accordance with this act and without further action by the district
32 board, all matters that relate only to the zone established pursuant
33 to this section.
34 5. In any zone in which a board of directors has been elected,
35 the tax or assessrnent for any purpose or purposes, other than
36 administrative costs and expenses of the district, shall be based
37 upon a budget or budgets prepared by, or under the direction
3 $ the zone board of directors.
39 The taxes and assessments (other than the tax to pay the general
40 administrative costs and expenses of the district and other'than any
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AB 1125 4
1 taxes, assessments, or fees levied for improvement districts or
2 pursuant to Sections 12.1, 12.2, and 16 of this act to pay bonds and
3 interest thereon) levied by the board pursuant to Section 12 of this
4 act upon any property in any zone lying, in w.hole or in. part, in
5 Pleasanton or Murray Townships shall not exceed in the aggregate
6 the sum of fifteen cents ($0.15) on each one hundred dollars ($100)
7 of assessed valuation unless a larger tax has been approved by a
8 vote of not less than a majority of the qualified electors voting
9 upon the proposition to increase the tax.
10 Notwithstanding any other provisions of this section, taxes and
11 assessments may be levied by the board after approval by the zone
12 board, pursuant to Sections 12 or 12.1 of this act, upon any
13 property in the zone for the purpose of making payments to the
14 State of California for the construction, maintenance, repair, and
15 operation and all other costs of the zone's prorated share of state
16 water fhcilities.
17 6. The amount of bonded indebtedness outstanding at any time
18 shall not exceed 5 percent of the assessed valuation of all taxable
19 l;roperty in art),' zone lying, in whole or in part, in Pleasanton or
20 Murray Townshipx.
98