HomeMy WebLinkAbout2002-04-01 City Council (3)City of Palo Alto
City Manager’s Report
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TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:APRIL 1, 2002 CMR:192:02
SUBJECT:RESOLUTION OF SUPPORT FOR SENATE BILL 1870, THE
BAY AREA WATER RELIABILITY ACT, AND ASSEMBLY
BILL 2058, THE BAY AREA REGIONAL WATER SUPPLY
AND CONSERVATION AGENCY ACT
RECOMMENDATION
Staff recommends that Council adopt the attached resolutions of the Council of the City of
Palo Alto recommending support for legislation allowing the formation of a regional water.
agency, specifically in support of SB 1870, the Bay Area Water Reliability Act; and AB 2058,
the Bay Area Regional Water Supply and Conservation Act.
BACKGROUND
On March 22, 2000, the City Council received an information report on water supply
reliability issues (CMR:170:00). Attached was a report from the Bay Area Water Users
Association (BAWUA) titled "The Future of Our Water Supplies." The report provided
elected officials with the status of BAWUA’s concerns about performance of the San
Francisco Public Utilities Commission (SFPUC) in its role as the owner and operator of the
regional water system that Palo Alto and the other twenty eight members of BAWUA rely on
for all or a portion of their water supplies.
In February 2000, the California State Auditor issued a report finding that the regional water
system was in need of significant repair and upgrades and that the SFPUC had made little
progress, although its deficiencies had been known about for at least a decade. The SFPUC’s
own report, released in January 2000, indicated that in the event of a major earthquake water
CMR: 192:02 Page 1 of 4
supplies could be cut off to its customers, including Palo Alto, for up to 60 days.
Concerns about the risksto the region’s water supplies and the lack of response from SFPUC
prompted BAWUA to apply its members’ political resources to the problem. On July 10,
2000, the City Council adopted Resolution 7986 recommending that the SFPUC take prompt
action to improve regional water supply reliability and quality (CMR:311:00). As of the end
of March 2002, the SFPUC still has not adopted coordinated plans for a capital improvement
program and financing to address the deteriorated status of the regional system. SFPUC staff
has proposed a $4.6 billion bond to address the needs of the regional system and other
projects in the City of San Francisco. However, the SFPUC, the San Francisco Board of
Supervisors, and the San Francisco voters must approve any bond measure. Opportunities
for further delay abound.
DISCUSSION
The members of BAWUA, SFPUC’s customers in San Mateo, Santa Clara, and Alameda
counties, have never had the ability to make decisions about the SFPUC system they rely on.
San Franciscans alone have a voice in the system’s management and operation even though
the BAWUA agencies pay for and use two-thirds of the system’s water.
Although representatives of BAWUA and its member agencies have repeatedly urged the
.SFPUC to act to fix the regional system, the lack of representation in the governance of the
regional system has stymied those efforts. Thus, BAWUA has turned to Sacramento for
assistance in reducing the risks faced. On January 18, 2002, Assemblyman Louis Papan
introduced Assembly Bill 1823 (co-authors: Simitian, Dutra, and Sher) which would mandate
repairs of nine critical projects within the timelines originally established by the SFPUC. AB
1823 was referred to the Assembly Committee on Local Government, where it will be heard
on April 10, 2002. Palo Alto has already sent a letter of support for AB 1823.
On February 19, 2002, Assemblyman Papan introduced Assembly Bill 2058 (co-author
Dutra), which enables the formation of the "Bay Area Water Planning and Conservation
Agency,’; an entity that would have broad water planning and financial authorities and
capabilities. Any BAWUA members who so desired could form the entity. San Francisco
could also become a member subject to approval of the Agency Board. The agency’s
identified powers & authorities include:
¯ Agency may plan, finance, acquire, contract, maintain & operate facilities for the
collection, transmission, treatment, reclamation, reuse and conservation of water;
¯ Agency may issue revenue bonds for any project authorized by Act; and
¯Agency may use proceeds~ of revenue bonds to finance improvements to SF ~egional
water system under specified terms..
On February 22, 2002, Senator Jackie Speier introduced Senate Bill 1870, which enables the
CMR:192:02 Page 2 of 4
formation of the "Bay Area Water Reliability Financing Authority," an entity that focuses on
financing authorities and capabilities. Any BAWUA members who so desires could form the
entity. San Francisco could also become a member subject to approval of the Authority
Board. The authority’s identified powers & authorities include:
¯Agency can issue revenue bonds only for purpose of contributing funding to San
Francisco for specified projects;
¯ Exercise of authority conditioned upon a finding that San Francisco has not moved
forward with financing/implementing the capital program; and
¯Requires contract between San Francisco and Authority for use of funds with
specified provisions and conditions.
The Assembly Committee for Local Government’s first hearing for AB 2058 has been
scheduled for April 10, 2002. SB 1870 has been referred to the Senate Committee on Local
Government and the Senate Committee on Agriculture and Water Resources.
Both AB 2058 and SB 1870 enable the formation of a regional water entity. Such an entity
would have a board of directors made up of elected officials for the BAWUA members who
are public agencies (and representatives for the two nonpublic BAWUA member agencies).
This representation, along with the entity’s powers, is designed to increase the decision-
making authority of the BAWUA member agencies.
RESOURCE IMPACT
No new resource impacts would result from approving this resolution.
POLICY IMPLICATIONS
These resolutions are consistent with the Council approved Utilities Strategic Plan, especially
supporting obj ective #2, invest in.utility infrastructure to deliver reliable service.
Support of these bills does not commit the City to membership in a regional entity if one is
formed. If one or both of these bills pass, staff will return with a recommendation on
whether the City of Palo Alto should form or join the entity whose formation the legislation
enables.
ENVIRONMENTAL REVIEW
Approving the attached resolution does not constitute a project under the California
Environmental Quality Act and, therefore, is exempt from the requirement to conduct an
environmental assessment.
CMR:192:02 Page 3 of 4
ATTACHMENTS
A.Resolution recommending support for legislation allowing the formation of a regional
water agency, specifically support for Senate Bill 1870, the Bay Area Water
Reliability Act.
B.Resolution recommending support for legislation allowing the formation of a regional
water agency, specifically support for Assembly Bill 2058, the Bay Area Regional
Water Supply and Conservation Act.
C.Senate Bill 1870 and fact sheet
D.Assembly Bill 2058 and fact. sheet
PREPARED BY:
J NE RATCHYE
Senior Resource Planm
DEPARTMENT HEAD APPROVAL:
ztor of Utilities
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:192:02 Page 4 of 4
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO IN SUPPORT OF LEGISLATION ALLOWING THE
FORMATION OF A REGIONAL WATER AGENCY,
SPECIFICALLY SENATE BILL 1870,THE BAY AREA
WATERRELIABIITY FINANCING AUTHORITY ACT
WHEREAS, the City of Palo Alto ("City") provides water
to 62,000 residents and 2,200 businesses providing jobs for
91,000 peop-le; and it has purchased water for these customers
from the City and County of San Francisco ("SF") since 1939; and
WHEREAS, the City depends on the regional water system
operated by the San Francisco Public Utilities Commission
("SFPUC) for its water supply; and
WHEREAS, the SFPUC-operated regional water system is
subject to catastrophic damage in the event of an earthquake on
the San Andreas, Calaveras or Hayward faults., exposing Bay Area
communities, including San Francisco, to extended interruptions
in water service; and
WHEREAS, the SFPUC has delayed for several years
approving a multi-billion dollar construction program to fix the
regional water system and has not acted to obtain financing to
pay for the necessary work; and
WHEREAS, it is not certain that San Francisco is ready,
willing and able to secure the financing necessary to carry out
essential repairs and improvements to the regional water system,
including critical seismic strengthening projects; and
WHEREAS, residents of the 29 cities, districts, and
public utilities in the Counties of San Mateo, Santa Clara and
Alameda that depend on the water made available by the regional
system have no right to vote in elections in san Francisco and
are not represented on the commission that oversees operation of
the regional system; and
WHEREAS, there is no multi-county governmental agency
authorized to assist in the financing of such essential repairs
and improvements to the regional water system; and
are
WHEREAS, SB 1870 would enable the local governments that
dependent on the SF regional water system and are
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020325 syn 0072146 .-
responsible for water distribution in the three counties to
voluntarily form such an agency;
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. The Council supports SB 1870 and urges
prompt and favorable action on it by the Legislature and
Governor.
SECTION 2. The Council finds that the action taken
hereunder does not constitute a project under- the California
Environmental Quality Act and,therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor~
APPROVED AS TO FORM:
City Manager
City Attorney
Director of utilities
Director of Administrative
Services
020325 syn 0072146
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO IN SUPPORT OF LEGISLATION ALLOWING THE’
FORMATION OF A REGIONAL WATER AGENCY,
SPECIFICALLY SENATE BILL 2058, THE BAY AREA
WATER REGIONAL WATER SUPPLY AND CONSERVATION
AGENCY ACT
WHEREAS, the City of Palo. Alto ("City") provides water
to 62,000 residents and 2,200 businesses providing jobs for
91,000 people; and it has purchased water for these customers
from the City and County of San Francisco ("SF") since 1939; and
WHEREAS, the City .depends On theregional water-system
operated by the San Francisco Public Utilities Commission
("SFPUC")for its water supply; and
WHEREAS, the SFPUC-operated regional water system is
subject to catastrophic damage in the event of an earthquake on
the San Andreas, Calaveras or Hayward faults, exposing Bay .Area
communities, including San Francisco, to extended interruptions
in water service; and
WHEREAS, the SFPUC has delayed for several years
approving a multi-billion dollar construction program, to fix the
regional water system and has not acted to obtain financing to
pay for the necessary work; and
WHEREAS, it is not certain that San Francisco is ready,
willing and able to secure the financing necessary to carry out
essential repairs and improvement to the regional water system,
including critical seismic strengthening projects; and
WHEREAS, residents of the 29 cities, districts, and
public utilities in the Counties of San Mateo, Santa Clara and
Alameda that depend on the water made available by the regional
system have no right to vote in elections in San Francisco and
are not represented on the commission that oversees operation of
the regional system; and
WHERE-AS, there is no multi-county governmental agency
authorized to assist in the financing of essential repairs and
improvements to the regional water system (including seismic
strengthening), to encourage water conservation and the use of
recycled water on a regional basis, or to plan for and acquire
supplemental water supplies; and
020325 syn 0072147
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WHEREAS, AB 2058 would enable the local governments that
are dependent on the SF regional water system and are
responsible for waterdistribution in the three counties to
voluntarily form’such an agency;
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i.
prompt and favorable
Governor.
The Council s~pports SB 2058 and urges
action on it by the Legislature and
SECTION 2. The Council finds that the action taken
hereunder does not constitute & project under the California
Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:.
City Clerk
APPROVED AS TO FORM:
City Attorney
May0or
City Manager
Director of Utilities
Director of Administrative
Services
020325 syn 0072147
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ATTACHMENT C
SENATE BILL No. 1870
Introduced by Senator Speier
February 22, 2002
An act to add Division 31.7 (commencing with Section 81600) to the
Water Code, relating to water.
LEGISLATIVE COUNSEL’S DIGEST
SB 1870, as introduced, Speier. Bay Area Water Reliability
Financing Authority.
(1) Under existing law, the City and County of San Francisco (city)
operates the Hetch Hetchy Project as a regional water delivery system,
supplying water to persons and elatities in the city and the Counties of
Alameda, San Mateo, and Santa Clara.
This bill would enact the Bay Area Water Reliability Financing
Authority Act. The bill would provide for the formation of the Bay Area
Water Reliability Financing Authority by 26 public entities that
purchase water from the city. The bill would authorize those public
entities to adopt a resolution as to whether to form and join the authority.
The bill would require the Board of Supervisors of San Mateo County
to determine whether or ~aot resolutions to form the authority have been
adopted by an unspecified percentage of those public entities. If so, the
bill would require the clerk of that board of supervisors to file a
certificate with the Secretary of State and would require the secretary
to issue a certificate of formation. The bill would thereafter authorize
certain public entities, including the city, to become members of the
authority.
The bill would require each member Of the authority to appoint one
member to the board, and would require the Boards of Supervisors of
San Mateo County and Santa Clara County to each appoint one member,
to a 4-year tema on the board. The bill would allow each director to
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SB 1870 2
receive compensation.prescribed by the board, and would provide for
the reimbursement of reasonable expenses incurred in the performance
of duties. The bill would grant each director one vote on any ordinance,
resolution, or motion.
The bill would authorize the authority to issue revenue bonds to
improve the reliability of the city’s regional water system. The bill
would require the authority to make determinations prior to financing
projects on behalf of that regional water system. The bill would require
the city to impose a surcharge on each wholesale customer of the city
for the purposes of generating sufficient revenue to carry out the act.
The various requirements established by the bill for local public
entities in counection with the formation and operation of the authority
would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation:no. Fiscal committee: yes.
State-mandated local program: yes.
The people qf the State of California do enact as follows:
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SECTION 1. Division 31.7 (co~runencing with Section
81600) is added to the Water Code, to read:
DIVISION 31.7.BAY AREA WATER RELIABILITY
FINANCING AUTHORITY
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
Article 1. General Provisions
81600. This division shall be known and may be cited as the
Bay Area Water Reliability Financing Authority Act.
81601. The Legislature finds and declares all of the
following:
(a) The City and County of San Francisco has acquired or
constructed a system of resercoirs, pipelines and tunnels, and
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SB 1870
1 treatment plants that provides water to 2.4 million Californians
2 who live in San Francisco and in neighboring communities in
3 Alameda, San Mateo, and Santa Clara Counties.
4 (b) Over two-thirds of the Californians who rely on San
5 Francisco’s regional water system, approximately 1.6 million
6 persons, live outside San Francisco. A substantial majority of
7 industrial, commercial, institutional, and governmental users are
8 also located in neighboring communities rather than in San
9 Francisco itself.
10 (c) The reliability of this water infrastructure system is of vital
11 importance to the health, welfare, safety, and economy of the
12 region which it supplies.
13 (d) In turn, this region is of vital importm~ce tO the entire State
14 of California, because of the resident industries, universities, and
¯ 15 commercial enterprises that employ millions of Californians and
16 generate billions of dollars in exports and tax revenues to the state.
17 (e) The regional water system is old, designed to outdated
18 seismic safety standards, and either crosses or is located on, or
19 adjacent to, three major activeearthquake faults, the Calaveras
20 Fault, the San Andreas Fault, and the Hayward Fault. Engineering
21 investigations have disclosed that the system is at risk of
22 catastrophic failure in a major earthquake. Many areas in all four
23 comaties now served face interruptions in their supplies of potable
24 water for up to 30 days, and some areas could be without water for
25 as long as 60 days.
26 (f) Intem~ptions in water supply of this magnitude and duration
27 to a densely populated metropolitan region would be disastrous for
28 public health and safety and for the regional and state economy. In
29 addition, uncontrolled releases 9f water from pipelines, tunnels,
30 and reservoirs could create severe flood damage and
31 enviromnental harm to fish and wildlife habitat in the communities
32 in which those facilities are located.
33 (g) The City and County of San Francisco has delegated
34 responsibility for the stewardship of the regional water system to
35 the San Francisco Public Utilities Commission. The commission
36 does not have sufficient funds to carry out even a small portion of
37 the repai~; reconstruction, and new construction necessary to
38 substantially improve the structm’al integrity of the regional water
39 system. In addition, the commission is prohibited from raising
40 water rates to customers within the City and County of San
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SB 187~
1 Francisco until July 2006, as a result of an initiative measure
2 adopted by the voters of that city and county in 1998.
3 (h) Unlike most local government entities in California that
4 operate water supply systems, the commission is prohibited by
5 local law from issuing revenue bonds for many water-related
6 projects unless those bonds are approved by. a majority of the
7 voters in the City and County of San Francisco.
8 (i) It is not certain whether or when authorization for the
9 commission to issue revenue bonds for the rehabilitation of the
10 regional water system will be granted by the San Francisco Board
11 of Supervisors and the mayor; nor is it certain whether the voters
12 of the City and County of San Francisco would approve those
13 bonds.
14 (j) Many separate cities, special districts, and public utilities
15 are responsible for the distribution of water in portions of the bay
16 area served, on a wholesale basis, by the San Francisco regional
17 water supply system. The distribution of responsibility anaong
18 many agencies impedes coordinated regional actions, including
19 financing, to respond to the crisis.
20 (k) The state has concerus for the safety, health, and economic
21 strength of the region that warrant requiring San Francisco.to take
22 prudent steps in a timely manner to safeguard all Californians who
23 live in the areas dependent on San Francisco’s regional water
24 system and to exercise stewardship over the system in a way that
25 recognizes its regional nature and statewide importance.
26 (/) It is the intent of the Legislature to enable the local public
27 entities in Alameda, San Mateo, and Santa Clara Counties that rely
28 on the San Francisco regional water system, acting collectively, to
29 secure funds necessary to implement the prompt construction and
30 reconstruction of the San Francisco regional water system and to
31 make those funds available to the City and County of San
32 Francisco on mutually agreeable terms if the City and County of
33 San Francisco does not itself secure funding and commence
34 construction of the most critical seismic safety projects.
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Article 2. Definitions
81602. Unless the context otherwise requires, the definitions
in this article govern the construction of this division.
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SB 1870
1 81603. "Authority" means the Bay Area Water Reliability
2 Financing Authority.
3 81604."Board" means the board of directors of the authority.
4 81605."Capital improvement plan" means __.
5 81606."City" means the City and County of San Francisco.
6 81607."Eligible public entities’ means the 26 public entities
7 in San Mateo County, Alameda County, and Santa Clara County
8 that purchase water from the city pursuant to the Master Water
9 Sales Contract, that include Alameda County Water District, City
10 of Brisbane, City ofBurlingame, Coastside County Water District,
11 City of Daly City, City of East Palo Alto, Estero Municipal
12 Improvement District, Gnadalupe Valley Municipal Improvement
13 District, City of Hayward, Town of Hillsborough, Los Trancos
14 County Water District, City of Menlo Park, Mid-Peninsula Water
15 District, City of Millbrae, City of Milpitas, City of Mountain View,
16 North Coast County Water District, City of Palo Alto, Purissima
17 Hills Water District, City of Redwood City, City of San Bruno,
18 City of San Jose, City of Santa Clara, Skyline County Water
19 District, City of Sunnyvale, and Westborough Water District.
20 81608. "Project" means a work and all of the activities
21 related to, or necessary for, the acquisition, construction,
22.operation, and maintenance of a work including, but not limited to,
23 planning, design, financing, contracting, project management, and
24 administration.
25 81609. "Regional water system" means facilities for the
26 storage, treatment, and transmission of water operated by the city
27 located in the Counties of Tnolumne, Stanislaus, San Joaquin,
28 Alameda, Santa Clara, San Mateo, and ttnee terminal reservoirs in
29 the city.
30 81610. "Work" includes, but is not limited to, reservoirs,
31 water treatment plants, and facilities for the transmission of water
32 identified in the capital improvement plan and related to the
33 regional water system.
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CHAPTER 2.FORMATION OF AUTHORITY
A~icle 1.Resolution of Intention
81615. (a) The.goveruing body of a public entity identified
in Section 81607, by a majority vote of all its members, may
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SB 1870
1 declare the intention of that entity to form the authority with all of
2 the other public entities identified in that section.
3 (b) The resolution shall meet all of the following requirements:
4 (1) Identify the name of the public entity adopting the
5 resolution.
6 (2) Identify the name of each public entity proposed to be a
7 member of the authority.
8 (3) State that the initial territory of the authority shall be the
9 combined territory of all the public entities that become members
10 of the authority, as that territory exists at the thne of the adoption
11 of the resolution.
12 (4) Fix the time and place within the boundaries of the public
13 entity adopting the resolution at which a hearing will be held by
14 its governing body to detemaine whether to form the authority and
15 whether to become a member. The date of the hearing shall not be
16 less than 30 days, nor more than 60 days, from the date of the
17 adoption of the resolution.
18 (5) Direct publication of the resolution one time in a newspaper
19 of general circulation within the boundaries of the public entity
20 adopting the resolution at least two weeks prior to the date set for
21 the hearing.
22 81616. The governing board of the public entity adopting the
23 resolution pursuant to Section 81615 shall mail a certified copy of
24 the resolution to the governing body of each public entity
25 identified in the resolutionas a proposed member of the authority.
26 The governing body of each proposed member may adopt a
27 resolution fixing the time and place within the boundaries of that
28 public entity at which a heating will be held to determine whether
29 to form the authority and whether to become a member. The date
30 of the hearing shall be not less thma 30 days, nor more thma 60 days,
31 from the date of the adoption of the resolution. The resolution shall
32 be published one time in a newspaper of general circulation within
33 the boundaries of that public entity at least two weeks prior to the
34 date set for the public hearing.
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Article 2. Formation Hearings
81617. At the times and places specified in the resolutions
adopted pursuant to Sections 81615 or 81616, the governing body
of each public entity shall hold a public hearing on the questions
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SB 1870
of whether to form the authority and, if so, whether to become a
member.
81618. As soon as practicable after the date of the completion
of the public hearhag described in Section 81617, and in any event
not later than __ days thereafter, the governing body of each
public entity shall adopt a resolution that declares the finding of the
governing body as to whether to form the authority and, if so,
whether to become a member of the authority. The adoption of the
resolution, whether affirmative or negative, shall be subject to
referendum pursuant to Division 9 (commencing with Section
9000) of the Elections Code, but shall not be a "project" for
purposes of Division 13 (commencing with Section 21000) of the
Public Resources Code.
81619. Upon the adoption of the resolutions required by
Section 81618, the governing body of each public entity shall
cause a certified copy of that resolution to be forwarded to the
Board of Supervisors of San Mateo County.
Article 3. Establishment of Authority
81620. Not later than 14 days from the date of the receipt of
the resolutions pursuant to Section 81619, the Board of
Supervisors of San Mateo County shall determine whether or not
resolutions to form the authority have been adopted by at least
__ public entities representing collectively at least __ percent
of the water deliveries of all the public entities identified in Section
81607. In malting that determination, the board of supervisors
shall use the water delivery quantities set forth in Section __. If
or more public entities representing collectively
percent or more of those water deliveries have adopted those
resolutions, the board of supervisors, by order entered in its
minutes, shall declare that the authority has been formed and list
each public entity that is a member of the authority.
81621. The Clerk of the Board of Supervisors of San Mateo
County, not later than 10 days fi’om the date of the entry of an order
described in Section 81620,. shall file a certificate with the
Secretary of State identifying the nanae of the authority and the
names of each public entity that is a member of the authority. The
board of supervisors shall include a map showing the.boundaries
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SB 1870 8
1 of the attthority, with reference to the boundaries of each member
2 public entity.
3 81622. The Secretary of State, not later than 10 days from the
4 date ’of the receipt of the certificate described in Section 81621,
5 shall issue a certificate of formation reciting that the authority has
6 been formed pursuant to this division and identifying the public
7 entities of which the authority is comprised. The Secretary of State
8 shall transmit a copy of the certificate to each public entity that is
9 a member of the authority.
10 81623. The formation of the authority shall be effective on the
11 date of the issuance of the Secretary of State’s cex~ificate.
12 81624. No invalidity or irregularity in any proceeding that
13 does not substantially and adversely affect the interests of any
14 public entity identified in Section 81607 may be held to invalidate
15 the fol-mation of the authority.
16 81625. Any action or proceeding in which the validity of the
17 fornaation of the authority, or any of the proceedings in relation
18 thereto, is contested, questioned, or challenged shall be
19 commenced not later than 90 days from the date of the Secretary
20 of State’s certificate of formation. In the absence of that action or
21 proceeding~ the formation and legal existence of the authority, and
22 all proceedings in relation thereto, shall be held to be in every
23 respect valid, legal, and incontestable.
24 81626. The formation of the authority, and any proceedings
25 to increase its membership pursuant to Section 81664 or 81664.5,
26 are not subject to Division 3 (commencing with Section 56000) of
27 the Government Code.
28 81627. The authority is a political subdivision of the state, and
29 a water district for the purposes of Section 8 of the Raker Act (63
30 RL. 41).
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CHAPTER 3. GOVERNMENT OF AUTHORITY
Article 1. Board of Directors
81628. The authority shall be governed by a board of
directors.
81629. (a) The governing body of each member publi’c entity
shall appoint one member to the board of the authority. Each
director shall be a registered voter and reside withinthe boundaries
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1 of the member public entity whose governing board appoints him
2 or her.
3 (b) For the purposes of subdivision (a), the governing body
4 may appoint one of its own members to the board if the person
5 othel~vise meets the requirements of that subdivision.
6 (c) (1) The Board of Supervisors of San Mateo County shall
7 appoint one member tO the board who is an officer or employee of
8 the California Water Service Company.
9 (2) The Board of Supervisors of Santa Clara County shall
10 appoint one member to the board who is an officer or employee of
11 Stanford University.
12 (d) No incompatibility of office shall result from an elected
13 official serving on the board of the authority and on the governing
14 board of a member public entity. A board member may vote on
15 contracts or other matters involving the lnember public entity he
16 or she represents.
17 81630. Each director, before entering upon the duties of his or
18 her office, shall take the oath of office as provided for in the
19 Constitution and laws of the state.
20 81631. (a) Each director shall serve for a term of four years.
21 (b) Notwithstanding subdivision (a), the directors initially
22 appointed to the board shall determine, by lot, that one-half plus
23 one of their number Shall serve for four years and the remaining
24 directors shall serve for two years. Thereafter, each appointing
25 authority shall appoint a person to replace its respective director
26 or may reappoint its director for an unlimited number of terms.
27 (c) A vacancy on the board shall be filled by the respective
28 appointing authority not later than 90 days from the date of the
29 occurrence of the vacancy.
30 81632. Each director may receive compensation in an amount
31 prescribed by the board, not to exceed one hundred dollars ($100)
32 per day for each day’s attendance at meetings of the board, not to
33 exceed four meetings in any calendar month. In addition, each
34 director may be reimbursed for actual, necessary, and reasonable
35 expenses incurred in the performance of duties performed at the
36 request of the board. The compensation of directors may be
37 increased pursuant to Chapter 2 (commencing .with Section
38 20200) of Division 10.
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81633. A majority of the members of the board constitutes a
quorum for the transaction of business. The board may act only by
ordinance, resolution, or motion.
81634. The board shall hold its first meeting as soon as
possible after the appointment of the initial directors. At its first
meeting, and at its first meeting in January each year thereafter, the
board shall elect a chairperson and a vice-chairperson from among
its members.
81635. The board shall provide for the time and place of
holding its regular meetings. All meetings of the board shall be
called mad held in accordance with Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
81636. Each director has one vote on any ordinance,
resolution, or motion before the board. Except as provided in
Section 81653, the affirmative vote of a majority of-all members
of the board is necessary and sufficient to carry any motion,
resolution, or ordinance.
81637. (a) On all ordinances and resolutions, the roll shall be
called and ayes and noes recorded in the minutes of the
proceedings of the board.
(b). Motions may be adopted by voice vote, except that the roll
shall be called at the request of any director.
Article 2. Officers and Employees
81640. The board shall appoint a general manager, a financial
officer, and a secretary. The board may establish other offices that
may be necessary or convenient. The board shall appoint, and
prescribe the duties, compensation, and terms mad conditions of
employment of, all officers.
81641. The board may employ other employees that the board
determines are necessm~ or convenient and may delegate to the
general manager the authority to employ or contract for the
services of additional assistants or employees that the general
manager determines to be necessary or convenient to operate the.
authority.
81642. The board may require, and establish the amount of,
official bonds of officers and employees that are necessary for the
protection of the funds and property of the authority.
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81643. (a) Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code applies
to all officers and employees of the authority.
(b) The authority is a "local govenmaent agency" for purposes
5 of the Political Reform Act of 1974 (Title 9, (commencing with
6 . Section 87100) of the Govel~nent Code).
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8 CHAPTER 4. POWERS AND FUNCTIONS OF AUTHORITY
Article 1. Powers
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are reasonably implied from those expressed powers, and powers
necessary and proper to carry out this division.
81646. (a) The authority may make contracts of any nature,
including, but not limited to, contracts to employ labor, to
indemnify and hold harmless, and to do all acts necessary or
convenient for the full exercise of its powers.
(b) The authority may contract with any department or agency
of the United States or the state, or with any public or private entity,
or person.
81647. The authority may take by grant, purchase, bequest,
devise, or lease and may hold, enjoy, lease, sell, or otherwise
dispose of real and personal property of any kind, within or outside
the boundaries of the authority.
81648. The authority may apply for and receive state and
federal grants, loans, and other financial assistance.
Article 2. Financial Matters
81650. The board shall adopt a budget for each fiscal year.
81651. The accounts of the authority shall be audited annually
in accordance with generally accepted auditing standards by
independent certified public accountants with experience in
auditing the accounts of local public entities.
81652. The authority may bon’ow money, incur indebtedness,
and issue notes and bonds as provided in this division, or as
otherwise authorized by law.
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81653. (a) The authority may issue revenue bonds upon the
adoption of an ordinance by a two-thirds vote of all of the members
of the board, after notice and public hearing. For the purposes of
issuing bonds pursuant to this subdivision, the authority need not
conduct an election or otherwise secure the approval of the voters
within the boundaries of the authority.
(b) In addition, the authority may issue revenue bonds pursuant
to Article 2 (commencing with Section 6540) of Chapter 5 of
Division 7 of Title 1 of the Government Code.
(c) The authority may issue revenue bonds for a project
described in subdivision (d) only if the board, by a two-thirds vote
of all of its members, determines that the city has not secured
financing and a.warded a contract for the construction df that
project on or before the applicable date identified in that
subdivision, or has requested the authority to issue those bonds for
the benefit of that project.
(d) For the purposes of subdivision (c), the projects are as
follows:
2.
3.
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5.
6.
7.
8.
9.
Date of Contract
Project Location Award
Irvingt0n Tunnel Alternative
Crystal Springs Pump Station
& Pipeline
BDPL 1 & 2-Repair of
Caissons/Pipe Bridge
BDPL Pipeline Upgrades at
Hayward Fault
Calaveras Fault Crossing
Upgrade
Crystal Springs Bypass Pipeline
BDPL Cross Counections 3 & 4
Conveyance Capacity West of
Irvington Tunnel
Calaveras Dam Seismic
hnprovements
Alameda!Santa June 30, 2004
Clara
San Mateo County June 30, 2008
Alameda!San June 30, 2005
Mateo
Alameda County June 30, 2005
Alameda County June 30, 2004
San Mateo ~ounty June 30, 2005
Alameda/Santa June 30, 2003
Clara
Alameda/Santa Jtme 30, 2005
Clara/San Mateo
Alameda County June 30, 2005
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1 81654. The authority may issue bonds for the purpose of
2 refunding any revenue bonds of the authority, whether due or not
3 due.
4 81655. The authority may issue negotiable promissory notes
5 to acquire funds for any authority purpose. The notes shall have a
6 tem~ not to exceed five years. The total amount of notes issued
7 pmsuant to this section that may be outstanding at any one time
8 may not exceed __ million dollars ($~).
9 81656. Bonds and other evidences of indebtedness issued by
10 the authority are legal investments for all trust funds and for funds
11 of all insurers, commercial and savings banks, trust companies,
12 and state schools. Funds that may be invested in bonds of cities,
13 cities and counties, counties, school districts, or other local entities
14 . may also be invested in bonds and other evidences of indebtedness
15 of the authority.
16 " 81657. The board shall impose assessments sufficient to pay
17 the operating expenses included in the budget, which shall be an
18 obligation of each member public entity. The assessments shall be
19 based on the water delivery amounts set om in Section __.
20 81658. (a) The proceeds of revenue bonds issued by the
21 authority in accordance with this division may be used only on
22 projects designed and intended in substantial part to improve the
23 reliability of the regional water system, including, but not limited
24 to, strengthening the system’s ability to withstand seismic events.
25 (b) The proceeds may be made available for the purposes set
26 forth in subdivision (a) upon terms and conditions that the board
27 determines necessary and appropriate. The terms and conditions
28 shall include, but are not limited to, the city’s entering into one or
29 more legally binding contracts with the authority that, at a
30 minimum, do all of the following:
31 (1) Identify specific projects for whicfi the proceeds are to be
32 used.
33 (2) Grant to the authority the authority to oversee and audit the ¯
34 disposition of proceeds to third party consultants, suppliers, and
35 contractors.
36 (3) Grant to the authority the authority to determine the
37 procedure by which contracts are awarded to consultants,
38 suppliers, and contractors.
39 (4) Grant to the authority the authority to inspect the
40 construction of projects on which bond proceeds are expended.
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(5) Require the city to provide complete, accurate, and timely
information to the authority on the expenditure of the bond
proceeds.
(6) Require the city to include a surcharge in the water bills sent
to all wholesale customers of the city, including all of the public
entities that are identified in Section 81607, Stanford University,
and the California Water Service Company, in an amount that will
generate sufficient revenue to pay the wholesale customers’ share
of debt service on the bonds, which share shall be determined by
each wholesale customer’s proportionate share of cm-rent annual
tlse.
(7) Require the city to transmit the proceeds of the surcharge
collected by the city to the authority in the manner determined by
the authority for payment of the debt service.
81659. (a) The city shallinclude a surcharge, in an amount or
amounts determined by the authority, in the water bills sent to each
wholesale customer of the city, including all of the public entities
that are identified in Section 81607, Stanford University, and
California Water Service Company.
(b) The proceeds of the surcharge shall be collected by the city
and transmitted to the authority for the purposes of carrying out
this division.
Article 3. Controversies
81660. The authority may sue and be sued in all actions and
proceedings and in all courts and tribunals of competent
jurisdiction.
81661. All claims for money or damages against the authority
are governed by Part 3 (commencing with Section 900) and Part
4 (commencing with Section 940) of Division 3.6 of Title 1 of the
Govenmaent Code.
81662. An action to determine the validity of any contract,
bond, note, or other evidence of indebtedness may be brought
pursuant to Chapter 9 (COlnrnencing with Section 860) of Title 10
of Part 2 of the Code of Civil Procedure.
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CHAPTER 5.CHANGES IN ORGANIZATION
81663. Any territory annexed to, or detached from, a member
public entity, upon completion of the annexation or detachment,
shall be deemed annexed to, or detached from, the authority.
81664. A public entity identified in Section 81607 that is not
a member at the time the authority is formed pursuant to Section
81622, may thereafter become a member of the authority by one
of the following procedures:
(a) By consolidation, merger, or reorganization with an
existing member public entity that results in the dissolution of that
member public entity and the acquisition of the assets of that
member public entity by that proposed new member public entity,
The new member public entity may appoint one director.
(b) By joining the authority, with the approval of the board and
subject to those terms and conditions that the board determines are
necessary to ensure that the proposed new member pays an
equitable share of the costs previously incurred by the- authority.-
81664.5. The city may become a member of the authority
pursuant to Section 81664.
CHAPTER 6.MISCELLANEOUS
81670. Membership of any public entity in the authority does
not affect the identity or legal existence, nor impair the powers, of
that public entity.
81671. The city shall provide the authority with prompt
access to any punic records requested by the authority unless those
records are exempt from disclosure pursuant to Section 6254 of the
Govelamaent Code. The city may not withhold public records from
the authority pursuant to a balancing of the public interest in
accordance with Section 6255 of the Govermnent Code.
81672. This division shall be liberally construed to carry ont
its purposes.
SEC. 2. The provisions of this division are severable. If any
provision of this division 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 the act adding
this section, which is applicable only to the Bay Area Water.
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1 Reliability Financing Authority, is necessary because of the
2 unique andspecial water supply problems prevailing in the
3 geographic area that may be included in the boundaries of the
4 authority. It is, therefore, hereby declared that a general law within
5 the meaning of Section 16 of Article IV of the California
6 Constitution cannot be made applicable to the authority and the
7 enactment of this special law is necessary for the conservation,
8 development, control, and use of water supplied to that geographic
9 area for the public good.
10 SEC. 4. No reimbursement is required by this act pursuant to
11 Section 6 of Article XIII B of the California Constitution because
12 a local agency or school district has the authority to levy service
13 charges, fees, or assessments sufficient to pay for the program or
14 level of service mandated by this act, within the meaning of
15 Section 17556 of the Govermnent Code.
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FACT SHEET FOR SENATE BILL 1870
(Bay Area Water Reliability Financing Authority Act)
Introduced on February 22, 2002 by Senator Speier
The Act adds Division 31.7 (commencing with Section 81600) to the Water Code.
The Legislature finds and declares among other things that:
The City and County of San Francisco’s regional water system provides water to 2.4 mil-
lion Californians who live in Alameda, San Mateo, Santa Clara counties, and San Fran-
cisco (the City). More than two-thirds of them live outside the .City. A substantial major-
ity of industrial, commercial, institutional, and governmental users of the system are also
located outside of San Francisco.
¯The regional water system is of vital importance to the health, welfare, safety and econ-
omy of the region and to the entire State of California.
¯The regional water system is old, designed to outdated seismic standards and is at risk of
catastrophic failure in a major earthquake.
Many areas in all four counties face loss of water from the regional system for up to 60
days. Interruptions of this magnitude would be disastrous for public health and safety and
for the regional andstate economy. In addition, there could be severe flood damage and
environmental harm.
The San Francisco Public Utilities Commission (SFPUC) is responsible for the regional
water system, however the Commission doesn’t have funds to carry out even a small por-
tion of the work needed to fix the system. In addition, the Commission is prohibited from
raising water rates to customers within the City until July 2006.
The state’s concerns for the safety, health and economic strength of the region require
San Francisco to safeguard all Californians who live in the areas dependent on the re-
gional water system.
It is the intent of the Legislature to enable local public entities in Alameda, San Mateo
and Santa Clara counties that rely on the regional water system, acting collectively, to se-
cure funds to fix the system. They could make those funds available to San Francisco on
mutually agreeable terms if San Francisco doesn’t secure funding for and begin construc-
tion of the most critical seismic-safety projects.
Formation of a new agency. The governing body of any one of the 26 public entities in Ala-
meda, San Mateo, and Santa Clara counties, identified in the Act, may, by a majority vote of its
members, declare its intention to form a new agency with all of the other public entities. Each of
the other public entities shall consider whether to form the agency and whether to become a.
member. Upon adoption of resolutions of the public entities to form and join the agency, the
governing body of each public entity shall forward a certified copy of the resolution to the Board
of Supervisors of San Mateo County. If the Board of Supervisors determines that requirements to
form the agency have been met, the Board shall declare that the agency has been formed.
The 26 public entities. Alameda County Water District, City of Brisbane, City of Burlingame,
Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Municipal
Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward,
Town of Hillsborough, Los Trancos County Water District, City of Menlo Park, Mid-Peninsula
Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast County
Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City, City of
San Bruno, City of San Jose, City of Santa Clara, Skyline County Water District, City of Surrey-
vale, and Westborot~gh Water District.
The agency. The agency would be a political subdivision of the state and a water district under
the Raker Act. The agency shall be governed by a board of directors with one member appointed
by each member public entity. The Board of Supervisors of San Mateo County shall appoint to
the agency’s board an officer or employee of California Water Service Company. The Board of
Supervisors of Santa Clara County shall appoint to the agency’s board an officer or employee of
Stanford University. Each director has one vote.
The agency’s powers..The agency may make contracts of any nature and contract with the
United States, the state, a public or private entity or a person. It may apply for and receive state
and federal financial assistance.
Financial matters. The agency may borrow money and issue notes and bonds, including reve-
nue bonds without the approval of voters, to fund projects to improve the reliability of the re-
gional water system. Under specified conditions, the agency may provide the proceeds of reve-
nue bonds directly to the City to improve the reliability of the San Francisco regional water sys-
tem. Funding projects through the agency would off-set revenues the City would otherwise col-
lect though water rates under the existing Master Water Sales Contract.
Specified conditions. These conditions include identifying specific projects for which the pro-
ceeds are to be used; having authority to oversee and audit disposition of the funds; inspecting
construction of projects; and having access to information on the expenditure of bond funds.
City of San Francisco membership. The City may ask to become a member of the agency sub-
ject to ~pproval by the agency’s board of directors, provided the City meets certain other re-
quirements.
(The Bay Area Water Users Association prepared this summary. For more precise and complete
information about the provisions of AB 2058, please read the bill.)
03/27/2002 7:54 AM
ATTACHHENT D
CALIFORNIA LEGISLATURE--2001~)2 REGULAR SESSION
ASSEMBLY BILL No. 2058
Introduced by Assembly Members Papan and Dutra
February 19, 2002
An act to add Division 31 (commencing with Section 81300) to the
Water Code, relating to water.
LEGISLATIVE COUNSEL’S DIGEST
AB 2058, as introduced, Papan. Regional Water ~upply and
Conservation Agency.
(1) Under existing law, the City and County of San Francisco (city)
operates the Hetch Hetchy Project as a regional water delivery system,
supplying water to persons and entities in the city and tile Counties of
Alameda, San Mateo, and Santa Clara.
This bill would enact the Regional Water Supply’and,Conservation
Agency Act. The bill would provide for the formation of the Bay Area
Water Supply and Conservation Agency by 26 public entities that
purchase water from the city. The bill would authorize those publi~
entities to adopt a resolution as to whether to form and join the agency.
The bill would require the Board of Supervisors of San Mateo County
to determine whether or not resolutions to fo1Tn the agency have been
adopted by an unspecified percentage of those public entities. If so, the
bill would require the clerk of that board of supervisors to file a
certificate with the Secretary of State and would require the secretary
to issue a certificate of formation. The bill would thereafter authorize
certain public entities, including the city, to become members of the
agency, subject to certain procedures.
The bill would require each member of the agency to appoint one
member to the board, and would require the Boards of Supervisors of
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San Mateo County and Santa Clara County to each appoint one member,
to a 4-year term on the board. The bill would allow each director to
receive compensation prescribed by the board, and Would provide for
the rehnbursement of reasonable expenses incurred in the performance
of duties. The bill would grant each director one vote on any ordinance,
resolution, or motion, but would also provide for weighted voting if
approved by the board.
The bill would authorize .the agency to acquire water and water rights
within or outside the state; develop, store, and transport water; provide,
deliver, and sell water at wholesale for municipal, domestic, and
industrial purposes to certain entities; and acquire, construct, operate,
and maintain works and facilities to carry out the agency’s purposes.
The bill would authorize th~ agency to provide, sell, or deliver surplus
water for beneficial uses. The bill would authorize the agency to
exercise the right of eminent domain, except that the bill would prohibit
the agency from acquiring by eminent domain, or exercising any
control over, any water distribution facility owned and operated by the
city, a local public agency, or a public utility without that entity’s
consent.
The bill would authorize the agency to issue revenue bonds to finance
the construction or improvement of facilities of the city’s regional water
system. The bill would require the city to impose a surcharge on each
wholesale customer of the city for the purposes of generating sufficient
revenue to carry out the act.
The various requirements established by the bill for local public
entities in connection with the formation and operation of the agency
would impose a state-mandated local program.
(2) 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 malting that
reimbursement.
This bill would provide that no reinabursement is required by this act
for a specified reason.
Vote: majority. Appropriation:no. Fiscal committee: yes.
State-mandated local prograln: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Division 31 (commencing with Section 81300)
2 is added to the Water Code, to read:.
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DIVISION 31., BAY AREA REGIONAL WATER SUPPLY
AND CONSERVATION AGENCY
CHAPTER 1.GENERAL PROVISIONS AND DEFINITIONS
Article 1. General Provisions
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8 81300. This division shall be known and may be cited as the
9 Bay Area Regional Water Supply and Conservation Agency Act.
10 81301. The Legislature finds and declares all of the
11 following:
12 (a) Many separate cities, districts, and public utilities are
13 responsible for distribution of water in portions of the Bay Area
14 served by the regional system operated by the City and County of
15 San Francisco. Residents in the counties of Alameda, San Mateo,
16 and Santa Clara who depend on the water ~nade available on a
17 wholesale basis by the regional system have no right to vote in
18 elections in the City .and County of San. Francisco and are not
19 represented on the San Francisco commission that oversees
20 operation of the regional system.
21 (b) The San Francisco regional system is vulnerable to
22 catastrophic damage in a severe earthquake, which Could result in
23 San Francisco and neighboring communities being without
24 potable water for up to 60 days. The San Francisco regional system
25 is also susceptible to severe water shortages during periods of
26 below average precipitation because of insufficient storage and the
27 absence of contractual arrangements for alternative dry year
28 supplies.
29 (c) The lack of a local, intergoverrunental, cooperative
30 governance structure for the San Francisco regional system
31 prevents a systematic, rational, .cost-effective program of water
32 supply, water conservation, and recycling from being developed,
33 funded, and irnplemented.
34 (d) It is the intent of the Legislature to enable local
35 governments responsible for water distribution in the thiee
36 counties to establish a multicounty agency authorized to plan for
37 and acquire supplemental water supplies, to encourage water
38 conservation and use of recycled water on a regional basis, and to
39 assist in the financing of essential repairs and improvements to the
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1 San Francisco regional water system, including seismic
2 strengthening.
3 (e) The need for coordinated planning and implementation of
4 strategies for water supply, water conversation, water recycling,
and repair and improvement of the San Francisco regional system
may appropriately lead to the establishment of the Bay Area Water
Plamfing and Conservation Agency.
Article 2. Definitions
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11 81302. Unless the context othel~vise requires, the definitions
12 in this article govern the construction of this division.
13 81303. "Agency" means the Bay Area Water Planning and
14 Conservation Agency.
15 81304. "Board" means the board of directors of the agency.
16 81304.5."City" means the City and County of San
17 Francisco.
-18 81305. "Eligible.public entities" means the 26 public entities
19 in San Mateo County, Alameda County, and Santa Clara County
20 that purchase water from the city pursuant to the Master Water
21 Sales Contract, that include Alameda County Water District, City
22 of Brisbane, City of Burlingame, Coastside County Water District,
23 City of Daly City, City of East Palo Alto, Estero Municipal
24 Improvement District, Guadalupe Valley MuniCipal Improvement
25 District, City of Hayward, Town of Hillsborough, Los Trancos
26 County Water District, City of Menlo Park, Mid-Peninsula Water
27 District, City of Millbrae, City of Milpitas, City of Mountain View,
28 Nol~h Coast County Water District, City of Palo Alto, Purissima
29 Hills Water District, City of Redwood City, City of San Bruno,
30 City of San Jose, City of Santa Clara, Skyline County Water
31 District, City of Sunnyvale, and Westborough Water District.
32 81306. "Project" means a work and all of the activities
33 related to, or necessa13~ for, the acquisition, construction, operation
34 and maintenance of a work, including, but not linaited to, planning,
35 design, financing, contracting, project management, and
36 administration.
37 81307. "Regional water system" means facilities for the
38 storage, treatment, and transmission of water operated by the city
39 located in the Counties of Tuolumne, Stanislaus, San Joaquin,
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Alameda, Santa Clara, San Mateo, and three terminal reservoirs in
the city.
81308. "Work" or "works’, include, but is not limited to,
reservoizs, water treatment plants, ¯facilities for the transmission of
water, water conservation measures and programs, facilities for
the conjunctive use of surface water and groundwater, and
facilities for the transmission of recycled water.
81309. "Zone" means an improvement district, assessment
district, or area benefiting from a project.
CHAPTER 2. FORMATION OF AGENCY
A~icle 1. Resolution of Intention
81315. (a) The governing body of a public entity identified
in Section 81305, by a majority vote of all of its members, may
declare the intention of that entity to form the agency with all of
the other public entities identified in that section.
(b) The resolution shall meet all of the following requirements:
(1) Identify the name of the public entity adopting the
resolution.
(2) Identify the name of each public entity proposed to be a
member of the agency.
(3) State that the initial territory of the agency shall be the
combined territory of all the public entities that become members
of the agency, as that territory exists at the time of the adoPtion of
the resolution.
(4) Fix the time and place within the boundaries of the public
entity adopting the resolution at which a hearing will be held by
its governing body to determine whether to form the agency and
whether to become a member of the agency. The date of the
hearing may not be less than 30 days, nor more than 60 days, from
the date of the adoption of the resolution.
(5) Direct publication of the resolution one time in a newspaper
of general circulation within the boundaries of the public entity
adopting the resolution at least two weeks prior to the date set for
the hearing.
81316. The governing board of the public entity adopting the
resolution pursuant to Section 81315 shall mail a certified copy of
the resolution to the governing body of each public entity
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identified in the resolution as a proposed member of the agency.
The governing body of each proposed member may adopt a
resolution fixing the time and place within the boundaries of that
public entity at which a hearing will be held to determine whether
to form the agency and whether to become a member. The date of
the hearing shall be not less than 30 days, nor more than 60 days,
from the date of the adoption of the resolution. The resolution shall
be published one time in a newspaper of general circulation within
the boundm’ies of that public entity at least two weeks prior to the
date set for the public hearing.
Article 2. Formation Hearings
81317. At the times and places specified in the resolutions
adopted pursuant to Section 81315 or 81316, the governing body .
of each public entity shall hold a public hearing on the questions
of whether to form the agency and, if so, whether to become a
member.
81318. As soon as practicable after the completion of the
public hearing described in Section 81317, and in any event not
later than __ days thereafter, the.governing body of each public
entity shall adopt a resolution that declares the finding of the
23. governing body as to whether to form the agency and, if so,
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whether to become a member of the agency. The adoption of the
resolution, whether affftrrnative or negative, is subject to
referendum pursuant to Division 9 (commencing with Section
9000) of the Elections Code, but shall not be a "project" for the
purposes of Division 13 (commencing with Section 2.1000) of the
Public Resources Code.
8i319. Upon the adoption of the resolutions required by
Section 81318, the governing body of each public entity shall
cause a certified copy of the resolution to be foIwarded to the
Board of Supervisors of San Mateo Cotmty.
Article 3. Establislament of Agency
81325. Not later than 14 days from the date of the receipt of
the resolutions pursuant to Section 81319, the Board of
Supervisors of San Mateo County shall determine whether or not
resolutions to fonrt the agency have been adopted by at least __
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public entities representing collectively at least__ percent of the
water deliveries of all the public entities identified in Section
81305. In making that determination, the board of supervisors
shall use the water delivery quantities set forth in Section __. If
or more public entities representing collectively __
percent or more of those water deliveries have adopted those
resolutions, the board of supervisors, by order entered in its
minutes, shall declare that the agency has been fomaed and list
each public entity that is a member of the agency.
81326. The Clerk of the Board of Supervisors of San Mateo
County, not later than 10 days from the date of entry of an order
described in Section 81325, shall file a certificate with the
Secretary of State identifying the name of the agency and the
names of each public entity that is a member of the agency. The
board of supervisors shall include a map showing the boundaries
of the agency, with reference to the boundaries of each member
public entity.
81327. The Secretary of State, not later than 10 days from the
date of the receipt of the certificate described in Section 81326,
shall issue a certificate of formation reciting that the agency has
been formed pursuant to this division and identifying the public
entities of which the agency is comprised. The Secretary of State
shall transmit a copy of the certificate to each public entity that is
a member of the agency.
81328. The formation of the agency shall be effective on the
date of the issuance of the Secretary of State’s certificate.
81329. No invalidity or irregularity in any proceeding that
does not substantially and adversely affect the interests of any
public entity identified in Section 81305 may be held to invalidate
the formation of the agency.
81330. Any action or proceeding in which the validity of the
formation of the agency, or any of the proceedings in relation
thereto, is contested,, questioned, or challenged shall be
commenced not later than 90 days from the date of the Secretary
of State’s certificate of formation. In the absence of that action or
proceeding, the formation and legal existence of the agency, and
all proceedings in relation thereto, shall be held to be in every
respect valid, legal, and incontestable.
8133 i. The l%nnation of the agency, proceedings to increase
its membership pursuant to Section 81456 or 81456.5, or the
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establishment or modification of any zone or improvement district
is not subject to Division 3 (commencing with Section 56000) of
Title 5 of the Government Code.
81332. The agency is a political subdivision of the state, ~ind
a "water district" for the pnrposes of Section 8 of the Raker Act
(63 P.L. 41).
CHAPTER 3. GOVERNMENT OF AGENCY
Article 1. Board of Directors
81335. The agency shall be govelaaed by a board of directors.
81336. (a) The governing body of each member public entity
shall appoint one member to the board of the agency. Each director
shall be a registered voter and reside within the boundaries of the
member public entity whose governing board appoints him or her.
(b) For the purposes of subdivision (a), the governing body
may appoint one of its own members to the board if that person
otherwise meets the requirements of that subdivision.
(c) (1) The Board of Supervisors of San Mateo County shall
appoint one member to the board, who is an otT~cer or employee
of the California Water Service Company.
(2) The Board of Supervisors of Santa Clara County shall
appoint one member to the board who is an olTlcer or employee of
Stanford University.
(d) No incompatibility of office shall result from an elected
official se~-cing on the board of the agency and on the governing
board of a member public entity. A board member may vote on
contracts or other matters involving the member public entity he
or she represents.
81337. Each director, before entering upon the duties of his or
her office, shall take the oath of office as provided for in the
California Constitution and laws of the state.
81338. (a) Each director shall serve a term of four years.
(b) Notwithstanding subdivision (a), the directors initially
appointed to the board shall determine, by lot, that one half plus
one of their number shall serve for four years and the remaining
directors shall serve for two years. Thereafter, each appointing
authority shall appoint a person to replace its respective director
or may reappoint its director for an tmlimited number of terms.
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1 (c) A vacancy on the board shall be filled by the respective
2 appointing authority not later than 90 days from the date of the
3 occurrence of the vacancy.
4 81339. Each director may receive compensation in an amount
5 prescribed by the board, not to exceed one hundred dollars ($100)
6 per day for each day’s attendance at meetings of the board, not to
7 exceed four meetings in any calendar month. In addition, each
8 director may be reimbursed for actual, necessary, and reasonable
9 expenses incurred in the performance of duties performed at the
10 request of the board. The compensation of directors may be
11 increased pursuant to Chapter 2 (commencing with Section
12 20200) of Division 10.
13 81400. A maj ority of the members of the board constitutes a
14 quorum for the transaction of business. The board shall act only by
15 ordinance; resolution, or motion.
16 81401. The board shall hold its first meeting as soon as
17 possible after the appointment of the initial directors. At its first
18 meeting, and at its first meeting in January each year thereafter, the
19 board shall elect a chairperson and a vice-chairperson from among
20 its members.
21 81402. The board shall provide for the time and place of
22 holding its regular meetings. Al! meetings of the board shall be
23 called and held in accordance with Chapter 9 (commencing with
24 Section 54950) of Part 1 of Division 2 of Title 5 of the Government
25 Code.
26 81403. Each director has one vote on any ordinance,
27 resolution, or motion before the board, and the affn-mative vote of
28 a majority of all members of the board is necessary and sufficient
29 to carry any motion, resolution, or ordinance, except when
30 weighted voting is used pursuant to Section 81404 or as otherwise
31 authorized pursuant to subdivision (d) of Section 81405.
32 81404. Any director may call for the use of weighted voting
33 on any question. If the call is seconded by other directors
34 representing at least __ percent of the total number 0f directors
35 and representing members whose aggregate water deliveries equal
36 at least __ percent of the water deliveries of all member public-
37 entities, weighted voting shall be used on the question.
38 81405. (a) Weighted voting shall be based on the average
39 daily deliveries of water from the city during the fiscal yea"
40 2000-01 to all member public entities.
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1 (b) When weighted voting is in effect, there shall be a total of
2 100 possible votes. The allocation of these votes among the
3 member public entities shall be determined as follows:
4 (1) The average water deliveries of each member public entity,
5 as described in Section _, shall be totaled.
6 (2) Each member public entity whose individual _water delivery
7 is less than 1.5 percent of the total amount calculated pursuant to
8 paragraph (1) shall be assigned one vote. The directors appointed
9 by the Boards of Supervisors of San Mateo County and Santa Clara
10 County shall also be assigned one vote.
11 ¯ (3) The water deliveries of all member public entities assigned
12 one vote pursuant to paragraph (2) shall be totaled and that sum
13 shall be subtracted from the total amount calculated pursuant to
14 paragraph (1).
15 (4) The ratio of each remaining member public entity’s
16 individual water deliveries to the totalwater deliveries calculated
17 pursuant to paragraph (3) shall be determined and expressed as a
18 fraction.
19 (5) The total number of votes assigned to member public
20 entities pursuant to paragraph (2) shall be subtracted from 100.
21 (6) The amount calculated pursuant to paragraph (5) shall be
22 multiplied by the fractions calculated pursuant to paragraph (4),
23 with the products of that multiplication rounded to the nearest
24 whole number. Each member public entity, other than those
25 assigned one vote, shall receive the number of votes resulting from
26 this calculation.
27 (c) When.weighted voting is in effect, the affirmative vote of
28 members representing more than 50 votes shall be necessary and,
29 except as othel~ise provided, sufficient to carry any motion,
30 resolution, or ordinance.
31 (d) Notwithstanding any other provision of this division, the
32 board may establish alternative procedures and methods for
33 weighted voting, including a limitation on the types of measures
34 to which it applies, by a vote of at least two-thirds of all directors,
35 each director having one vote on the question.
36 81406. (a) On all ordinances and resolutions, and on all
37 questions to be decided by weighted voting, the roll shall.be called
38 and ayes and noes recorded in the minutes of the proceedings of
39 the board.
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1 (b) Motions, other than motions to be decided by weighted
2 voting, may be adopted by voice vote, except that the roll shall be
3 called at the request of any director.
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Article 2. Officers and Employees
81407. The board shall appoint a general manager, a financial
officer, and a secretary. The board may establish other offices that
may be necessary or convenient. The board shall appoint, and
prescribe the duties, compensation, andterms and conditions of
employment of, all officers.
81408. The board may employ other employees that the board
determines are necessary or convenient and may delegate to the
general manager the authority to employ or contract for the
services of additional assistants or employees that the general
manager detemaines necessary or convenient to operate the
agency. The board shall extend offers of employment on terms
comparable to those applicable to the employees of the Bay Area
Water Users A~sociation on Jannary 1, 2003, as determined by the
board.
81409. The board may require, and establish the amount of,
official bonds of officers and employees that are necessary for the
protection of the funds and property of the agency.
81410. (a) Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code applies
to all officers and employees of the agency.
(b) The agency is a "local government agency" for the
purposes of the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government C ode)~
CHAPTER 4. POWERS AND FUNCTIONS OF AGENCY
Article 1. Powers
81415. The agency may exercise the powers that are expressly
granted by this division, together with other powers that are
reasonably implied from those express powers, and powers
necessary and proper to carry out this division.
81416. The agency may adopt a seal and alter it at pleasure.
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81417. The agency may adopt regulations to carry out this
division.
81418. (a) The agency may make contracts of any nature,
including, but not limited to, contracts to employ labor, to
indemnify and hold harmless, and to do all acts necessary or
convenient for the full exercise of its powers.
(b) The agency may contract with any department or agency of
the United States, the state, a public or private entity, or person.
81419. The agency may take by grant, purchase, bequest,
devise, lease, or eminent domain, and may hold, enjoy, lease, sell,
or otherwise dispose of real and personal propelV of any kind,
within or outside the boundaries of the agency.
81420. The agency may plan, finance, acquire, construct,
maintain, and operate facilities for the collection, transmission,
treatment, reclamation, reuse, mad conservation of water.
81421. The agency may disseminate information concerning
its activities.
81422. The agency may apply for and receive state and
federal grants, loans, and other financial assistance.
Article 2. Financial Matters
81425. The board shall adopt a budget for each fiscal year.
81426. The accounts of the agency shall be audited annually
in accordance with generally accepted auditing standards by
independent certified public accountants with experience in
auditing the accounts of local public entities.
81427. The agency may borrow money, incur indebtedness,
and issue notes and bonds, as provided in this division or as
otherwise authorized by law.
81428. (a) The agency may issue revenue bonds upon the
adoption of an ordinance by a two-thirds vote of all of the members
of the board, after notice and public hearing. For the purposes of
issuing bonds pursuant to this subdivision, the agency need not
conduct an election or otherwise secm’e the approval of the voters
within the boundaries of the agency. ’
(b) In addition, the agency may issue revenue bonds pursuant
to Article 2 (commencing with Section 6540) of Chapter 5 of
Division 7 of Title 1 of the Government Code.
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81429. The agency may issue bonds for the purPose of
refunding any revenue bonds of the agency, whether due or not
due.
81430. The agency may issue negotiable promissory notes to
acquire fmads for any agency purpose. The notes shall have a term
not to exceed five years. The total amount of notes issued pursuant
to this section that may be outstanding at any one time may not
exceed __ million dollars ($~).
81431. The authority graiated pursuant to the Improvement
Act of 1911 (Division 7 (commencing with Section 5000) of the
Sti:eets and Highways Code), the Municipal Improv.ement Act. of
1913 (Division 12 (commencing with Section 10000) of the
Streets and Highways Code), the Improvement Bond Act of 1915
(Division 10 (commencing with Section 8500) of the Streets and
Highways Code), and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1
of Division 2 of Title 5 of the Government Code) may be exercised
by the agency to carry out this division. _
81432. Bonds and other evidences of indebtedness issued by
the agency are legal investments for all trust funds and for funds
of all insurers, commercial and savings banks, trust companies,
and state schools. Funds that may be invested in bonds of cities,
cities and counties, counties, school districts, or other local
agencies may also be invested in bonds and other evidences of
indebtedness of the agency.
81433~ The board shall impose assessments sufficient to pay
the operating expenses included in the budget, which shall be an
obligation of each member agency. The assessments shall be based
on the water delivery amounts described in Section __.
81434. The agency may use proceeds of bonds authorized by
this division for the construction, reconstruction, or improvement
of facilities of the San Francisco regional water system only reader
one of the following conditions:
(a) The city has become a member of the agency pursuant to
Section 81456.5.
(b) The board has determined, by a vote of directors
representing at least __ percent of the water deliveries to all
member public entities, that the city, by legally enforceable
contract, has agreed, at a minimum, to do all of the following:
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(A) Grant to the agency the authority to monitor all aspects of
design, contracting, and construction of those facilities.
(B) Provide the agency complete, accurate, and timely
information on the expenditure of the bond proceeds.
(C) Include a surcharge in the water bills sent to all wholesale
customers, including all of the public entities that are identified in
Section 81305, Stanford University, and the California Water
Service Company, in an amount that will generate sufficient
revenue to pay the v~holesale customers’ share of debt service on
bonds issued pursuant to this division used for the regional water
system mid translrfit the proceeds of the surcharge to the agency for
payment of that debt service.
81435. (a) The city shall include a surcharge, in an amount or
amounts determined by the agency, in the water bills sent to each
wholesale customer of the city, including all of the public entities
that are identified in Section 81305, Stanford University, and the
California Water Service Company.
(b) The proceeds of the surcharge shall be collected by the city
and transmitted to the agency for the purposes of carrying out this
division.
Article 3. Controversies
81440. The agency may sue and be sued in all actions and
proceedings and in all courts and tribunals of competent
jurisdiction.
81441. All claims for money or damages against the agency
are governed by Part 3 (commencing with Section 900) and Part
4 (COlrmaencing with Section 940) of Division 3.6 of Title 1 of the
Government Code.
81442. An action to determine the validity of any contract, or
any bond, note, or other evidence of indebtedness, may be brought
pursuant to Chapter 9 (commencing with Section 860) 0f Title 10
of Part 2 of the Code of Civil Procedure.
CHAPTER 5. WATER SUPPLY
81445. The agency may do all of the following:
(a) Acquire water and water rights within or ontside the state.
(b) Develop, store, and transport water.
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1 (c) Provide, deliver, and sell water at wholesale for municipal,
2 domestic, m~d industrial purposes to any city, county, district, other
3 local public entity, public utility, or mutual water company located
4 within the boundaries of the agency, and to Stanford University.
5 (d) Acquire, construct, operate, and maintain any and all
6 works, facilities, improvements, and property within or outside the
7 boundaries of the agency necessary or convenient to can’y out this
8 division.
9 81446. The agency may conduct studies of the water supplies
10 available to its members, and their current and future demand for
11 water. The agency may develop plans for projects and programs
12 that can assist its rnembers to meet those future water needs.
13 81447. The agency may provide, deliver, and sell water not
14 needed for mtmicipal, domestic, or industrial uses within the
15 boundaries of the agency for beneficial purposes but shall give
16 preference to users within the agency. The supply of surplus water
17 shall in every case be subject to the paramount right of the agency
18 to ’discontinue that supply in whole or in part upon one year’s
19 notice to the purchaser or user of that surplus water.
20 81448. The agency may not sell water to any retail user within
21 the boundaries of the agency. Sales to Stmaford University shall not
22 be deemed sales to a retail user.
23 81449. Except as provided in Section 81452, the agency may
24 exercise the right ofeminent domain in the mariner provided by
25 law to acquire any property, within or outside the boundaries of the
26 agency, necessary or convenient to carry out this division.
27 81450. The agency is entitled to the benefit of any reservation
28 or grant, in all cases, where any right has been rese~ced or granted
29 to the state, or any agency or political subdivision thereof, or any
30 public corporation, to construct or maintain water-related facilities
31 in, under, or over any public or private lands.
32 81451. The agency may construct and operate works and
33 facilities in, under, over, across, or along any street or public
34 highway or over any of the lands which are the property of the state
35 to the same extent that those rights and privileges are granted to
36 cries within the state.
37 81452. The agency may not acquire by eminent domain,
38 interfere with, or exercise any control over, any water distribution
39 facility owned and operated by any city, local public entity, or
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mutually agreed to by, that city, local public agency, or public
utility.
CHAPTER 6.CHANGES 1N ORGANIZATION
81455. Any territory annexed to, or detached from, a member
public entity, upon completion of the annexation or detachment,
shall be deemed annexed to, or detached from, the agency.
81456. A public entity identified in Section 81305 that is not
a member at the time the agency is formed pursuant to Section
81328, may thereafter become a member of the agency by one of
the following procedures:
(a) By consolidation, merger, or reorganization with an
existing member public entity that results in the dissolution of that
member public entity and the acquisition of the assets of that
member public entity by that proposed new member public entity.
The new member public entity may appoint one director, and for
the purposes of weighted voting, the new member shall calculate
the combined quantity of water deliveries of both the former and
the new member.
(b) By joining the agency, with the approval of the board and
subject to those terms and conditions that the board determines are
necessary to ensure that the proposed new member pays an
equitable share of the costs previously incurred by the agency.
81456.5. The city may become a member of the agency
pursuant to Section 81456.
CHAPTER 7. MISCELLANEOUS
81457. Membership of a public entity in the agency does not
affect the identity or legal existence, nor impair the powers, of that
public entity.
81458. The city shall provide the agency with prompt access
to any public records requested by the agency unless the records
are exempt from disclosure pursuant to Section 6254 of the
Governnaent Code. The city may not withhold public records from
the agency pursuant to a balancing of the public interest in
accordance with Section 6255 of the Govermnent Code.
81459. This division shall be liberally construed to carry out
its purposes.
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1 SEC. 2. Theprovisions of this division are severable. If any
2 provision of this division or its application is held invalid, that
3 invalidity shall not affect other provisions or appli(ations that can
4 be given effect without the invalid provision or application.
5 SEC. 3. The Legislature finds mad declares that this act, which
6 is applicable only to the Bay Area Water Planning and
7 Conservation Agency, is necessary because of the unique and
8 special water supply problems prevailing in the geographic area
9 that may be included in the boundaries of the agency. It is,
10 therefore, hereby declared that a general law within the meaning
11 of Section 16 of Article IV of the California Constitution cannot
12 be made applicable m the agency and the enactment of this special
13 law is necessary for the conservation, development,.control, and
14 use of water supplied to that geographic area for the public good.
15 SEC. 4. No reimbursement is required by this act pursuant to
16 Section 6 of Article XIII B of the California Constitution because
17 a local agency or school dist-rict has the authority to levy service
18 charges, fees, or assessments sufficient to pay for the prograna or
19 level of service mandated by this act, within the meaning of
20 Section 17556 of the Government Code.
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FACT SHEET FOR ASSEMBLY BILL 2058 "
(Bay Area Regional Water Supply and Conservation Act)
Introduced on February 19, 2002 by Assembly Members Papan and Dutra
The Act adds Division 31 (commencing with Section 81300) to the Water Code.
The Legislature finds and declares among other things that:
Many cities, districts and public utilities distribute water in portions of the Bay Area
served bythe regional system operated by the City and County of San Francisco. Resi-
dents in Alameda, San Mateo, and Santa Clara counties who depend on this water (and
pay for it), however, have no right to vote in elections in the City and County of San
Francisco and are not represented on the San Francisco commission that oversees opera-
tion of the regional system.
The regional water system is vulnerable to catastrophic damage in a severe earthquake,
which could result in San Francisco and neighboring communities being without water
for up to 60 days. The system is also susceptible to severe water shortages during
droughts because of insufficient storage and the absence of arrangements for alternative
dry-year supplies.
The lack of an intergovernmental, cooperative governance structure for the regional sys-
tem prevents the development, funding and implementation of a systematic, rational,
cost-effective program of water supply, conservation and recycling.
It is the intent of the Legislature to enable local governments responsible for distribution
of water in the three counties to establish a multi-county agency authorized to plan for
and acquire supplemental water supplies, to encourage water conservation and use of re-
cycled water on a regional basis, .and to assist in the financing of essential repairs and im-
provements to the regional water system, including seismic strengthening.
Formation of a new agency. The governing body of one of the eligible 26 public entities in
Alameda, San Marco, and Santa Clara counties, as identified in the Act, may, by a majority vote
of its members, declare its intention to form a new agency with all of the other public entities.
Each of the other public entities shall consider whether to form the agency and whether to be-
come a member. Upon adoption of resolutions of the public entities to form and join the agency,
the governing body of each public entity shall forward a certified copy of the resolution to the
Board of Supervisors of San Mateo County. If the Board of Supervisors determines that require-
ments to form the agency have been met, the Board shall declare that the agency has been
formed.
The eligible 26 public entities. Alameda County Water District, City of Brisbane, City of Bur-
lingame, Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Mu-
nicipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hay-
ward, Town of Hillsborough, Los Trancos County Water District, City of Menlo Park, Mid-
Peninsula Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast
County Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City,
City of San Bruno, City of San Jose, City of Santa Clara, Skyline County Water District, City of
Sunnyvale, and Westborough Water District.
The ageney. The agency is a political subdivision of the state and a water district under the
Raker Act. The agency shall be governed by a board of directors with one member appointed by
the governing body of each member public entity. The Board of Supervisors of San Mateo
County shall appoint to the agency’s board an officer or employee of California Water .Service
Company. The Board of Supervisors of Santa Clara County shall’appoint an officer or employee
of Stanford University. Each director has one vote. Any director may call for ~he use of weighted
voting.
The agency’s powers. The agency may make contracts of any nature and contract with the
United States, the state, a public or private entity or a person. In addition, the agency may plan,
finance, acquire, construct, maintain, and operate facilities for the collection, transmission,
treatment, reclamation, reuse and conservation of water. It may apply for and receive state and
federal financial assistance.
Financial matters. The agency may borrow money and issue notes and bonds, including reve-
nue bonds without the approval of voters. It may use proceeds of bonds for the construction~ re-
construction, or improvement of facilities of the San Francisco regional water system, if San
Francisco has become a member of the agency and if its management meets certain require-
ments.
Water management. The agency may support or implement water conservation and water rec-
lamation programs and projects. The agency may acquire water and water rights; develop, store,
and transport water; and provide, deliver and sell water on a wholesale basis within its bounda-
ries. The agency does not have the po_wer to provide retail Water service. This power will re-
main within the purview of individual member agencies.
City of San Francisco membership. The City may ask to become a member of the agency sub-
ject to approval of the agency’s board of directors, provided the City meets specified require-
ments.
(This summary was prepared by the Bay Area Water Users Association. For more precise and
complete information about the provisions of AB 2058, please read the bill.)
03/27/2002 7:54 AM