California Senate Bill SB1337 Latest Draft

 BILL NUMBER: SB 1337AMENDED BILL TEXT AMENDED IN SENATE MAY 1, 2012 AMENDED IN SENATE APRIL 18, 2012 AMENDED IN SENATE APRIL 9, 2012 INTRODUCED BY Senator DeSaulnier (Coauthor: Senator Hancock) (Coauthor: Assembly Member Buchanan) FEBRUARY 24, 2012 An act to create the Zone 7 Water Agency, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, to amend Section 2 of, and to repeal Section 36 of, the Alameda County Flood Control and Water Conservation District Act (Chapter 1275 of the Statutes of 1949), relating to water districts. LEGISLATIVE COUNSEL'S DIGEST SB 1337, as amended, DeSaulnier. Zone 7 Water Agency Act. Existing law, the Alameda County Flood Control and Water Conservation District Act, establishes the Alameda County Flood Control and Water Conservation District and grants to the district authority relating to, among other things, flood control and stormwater. Under the district law, the Board of Supervisors of Alameda County serves as the Board of  Supervisors of  the Alameda County Flood Control and Water Conservation District. The district law authorizes the board of the district to establish zones and provides for the formation of a zone lying, in whole or in part, in Pleasanton or Murray Townships. That zone is required to be governed by a board of 7 directors who are required to be elected by the voters residing within that zone. This bill would  remove Zone 7 from the Alameda County Flood Control and Water Conservation District and instead  create the Zone 7 Water Agency, as prescribed, with specified authorizations, powers, and duties.  This bill would permit the Alameda County Local Agency Formation Commission to exclude some or all of the agency's territory from the boundaries of the district and would eliminate from the district act provisions relating to the governance of a zone lying, in whole or in part, in Pleasanton or Murray Townships.  This bill would authorize the agency to continue to impose any special taxes based upon assessed value or any other special taxes, assessments, or charges imposed by or on behalf of the former Zone 7, would authorize the agency to impose new special taxes or levy assessments, as prescribed, and would require any taxes or assessments to be levied and collected together with taxes for county purposes, as specified. This bill would also authorize the agency to designate the county treasury as its treasury, as prescribed. By imposing new duties on a county, this bill would impose a state-mandated local program. 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 OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known as the Zone 7 Water Agency Act, and reads as follow: ZONE 7 WATER AGENCY ACT 1. This act shall be known and may be cited as the Zone 7 Water Agency Act. 2. (a) A flood control and water district called the Zone 7 Water Agency is hereby created. This agency shall consist of all the territory in the Counties of Alameda and Contra Costa generally described as "Eastern Alameda County (the former Zone 7 of the Alameda County Flood Control and Water Conservation District which includes the City of Pleasanton, the former Murray Township, and a portion of the former Washington Township) and the Dougherty Valley in the southern part of the City of San Ramon." (b)  Authority for providing   The authority to provide  flood protection  that was granted  to the western portion of Alameda County  , including all other zones within the Alameda County Flood Control and Water Conservation District (Chapter   by Chapter  1275 of the Statutes of  1949) shall stay with the Alameda County Flood Control and Water Conservation District and that authority   1949  remains unchanged by this act  for the western portion of Alameda County, including all other zones within the district except Zone 7  . (c) Pursuant to Section 56387 of the Government Code, the County of Alameda is hereby designated to be the principal county for the agency. 3. (a) The objects and purposes of this act are to provide regional flood control, water supply reliability, and groundwater management as follows, to provide for the control of the flood and storm waters of said district and the flood and storm waters of streams that have their source outside of said district, but which streams and the flood waters thereof flow into said district, and to conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing to percolate into the soil within said district, or without such district, such waters, or to save or conserve in any manner all or any of such waters and protect from such flood or storm waters the watercourses, watersheds, harbors, public highways, life and property in said district, and to prevent waste of water or diminution of the water supply in, or exportation of water from said district and to obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use in said district, and to engage in recreation activities incidental to and in connection with said purposes. (b) It is the intent of the Legislature that the agency work collaboratively with other appropriate entities in the Counties of Alameda and Contra Costa in carrying out the purposes of this act. 4. As used in this act "agency" means the Zone 7 Water Agency. 5. The agency is hereby declared to be a body corporate and politic and, in addition to other powers granted by this act, may take action to carry out all of the following purposes: (a) To have perpetual succession. (b) To sue and be sued in the name of the agency in all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) To adopt a seal and alter it at its pleasure. (d) (1) To acquire by grant, purchase, lease, gift, devise, contract, construction, or otherwise, and to hold, use, enjoy, sell, let, and dispose of real and personal property of every kind, including lands, structures, buildings, rights-of-way, easements, and privileges, and to construct, maintain, alter, and operate any and all works or improvements, within or outside the agency, necessary or proper to carry out any of the objects or purposes of this act and convenient to the full exercise of its powers, and to complete, extend, add to, alter, remove, repair, or otherwise improve any works, or improvements, or property acquired by it as authorized by this act. (2) All land and rights-of-way previously held by the Alameda County Flood Control and Water Conservation District within the territory of the agency shall be transferred to the agency on the effective date of this act without any cost to the agency or district other than administrative costs incurred to transfer titles, which shall be borne by the agency. (e) (1) To store water in surface or underground reservoirs within or outside of the agency for the common benefit of the agency  and  to conserve, reclaim, recycle, treat, purify, distribute, store, and manage water for present and future use within the territory of the agency. (2) To appropriate and acquire water and water rights, and import water into the agency and to conserve within or outside the agency, water for any purpose useful to the agency. (3) To do any and every lawful act necessary to be done that sufficient water may be available for any present or future beneficial use or uses of the lands or inhabitants within the agency, including, but not limited to, the acquisition, storage, treatment, and distribution of water for irrigation, domestic, fire protection, municipal, commercial, industrial, environmental, institutional, recreational, and all other beneficial uses. (4) To distribute, sell, or otherwise dispose of, outside the agency, any waters not needed for beneficial uses within the agency. (5) To commence, maintain, intervene in, defend, or compromise, in the name of the agency on behalf of the landowners within the territory of the agency, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within or outside the agency, used or useful for any purpose of the agency or of common benefit to any land situated within the territory of the agency, or involving the wasteful use of water within the territory of the agency. To commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings. Provided, however, that the agency shall not have the power to intervene or take part in, or to pay the costs or expenses of, actions or controversies between the owners of lands or water rights that do not affect the interests of the agency. (6) To prevent interference with or diminution of, or to declare rights in the natural flow of any stream or surface or subterranean supply of water used or useful for any purpose of the agency or of common benefit to the lands within the agency or to its inhabitants. (7) To prevent unlawful exportation of water from the agency. (8) To prevent contamination, pollution, or otherwise rendering unfit for beneficial use the surface or subsurface water used or useful in the agency, and to commence, maintain, and defend actions and proceedings to prevent any interference with the described waters as may endanger or damage the inhabitants, lands, or use of water in, or flowing into, the agency. (f) To control the floodwaters and stormwaters of the territory of the agency and the floodwaters and stormwaters of streams that have their sources outside of the territory of the agency, but that flow into the territory of the agency, and to conserve these waters for beneficial and useful purposes of the agency by spreading, storing, retaining, and causing to percolate into the soil within or without the territory of the agency, or to save or conserve in any manner all or any of those waters and protect from damage from those floodwaters or stormwaters the watercourses, watersheds, public highways, life, and property in the territory of the agency, and the watercourses outside of the territory of the agency of streams flowing into the territory of the agency. (g) (1) To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights-of-way. (2) To acquire by purchase, lease, contract, gift, devise, or other legal means all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of the works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to that end, and for those purposes and uses, to acquire and to hold in the name of the state, the capital stock of any mutual water company or corporation, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights, when the ownership of the stock is necessary to secure a water supply required by the agency or any part of the agency, upon the condition that when holding the stock, the agency shall be entitled to all the rights, powers, and privileges, and shall be subject to all the obligations and liabilities conferred or imposed by law upon other holders of the stock in the same company. (3) To cooperate with, act in conjunction with, enter into, and to carry out any acts necessary for the proper performance of any agreement with the State of California, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies or with any state, city and county, city, county, agency of any kind, public or private corporation, association, firm, or individual, or any number of them, for the ownership, joint acquisition, leasing, disposition, use, management, construction, installation, extension, maintenance, repair, or operation of any rights, works, or other property of a kind which might lawfully be acquired or owned by the agency or for the lawful performance of any power or purpose of the agency provided for in this act, including, but not limited to, the granting of the right to the use of any water or the right to store that water in any reservoir of the agency or to carrying that water through any tunnel, canal, ditch, or conduit of the agency or for the delivery, sale, or exchange of any water right, water supply, or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the agency, or for controlling drainage waters, or floodwaters or stormwaters of streams in or running into or out of the territory of the agency, or for the protection of life or property in the territory of the agency, or for the purpose of conserving any waters for the beneficial use within the agency, or in any other works, uses, or purposes provided for in this act. (4) To adopt and carry out any definite plan or system for accomplishing, facilitating, or financing all work that may lawfully be accomplished by the agency and to enforce that plan or system by resolution or ordinance. (h) To carry on technical and other necessary investigations, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floodwaters and stormwaters, water quality, groundwater management, or use of water both within and outside the agency relating to watercourses or streams flowing in or into the agency or groundwater located within or outside the territory of the agency. For these purposes, the agency shall have the right of access  ,  through its authorized representatives  ,  to all properties within the agency and elsewhere relating to watercourses and streams flowing in or into the agency. The agency, through its authorized representatives, may enter upon these lands and make examinations, surveys, and maps of the land. (i) To prescribe, revise, and collect fees and charges for facilities furnished or to be furnished to any new building, improvement, or structure by the use of any flood control or storm drainage system constructed or to be constructed in an area of the agency, and whenever a drainage or flood control problem is referred to the agency by the County of Alameda or the County of Contra Costa, or any incorporated city in the County of Alameda or the County of Contra Costa, to require the installation of drainage or flood control improvements necessary or convenient, or both, for needs of the area, including, but not limited to, residential, subdivision, commercial, and industrial drainage and flood control needs, that county and those cities being hereby authorized to refer all drainage and flood control problems, arising under the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or otherwise, to the agency for solution. Revenues derived under this subdivision shall be used for the acquisition, construction, reconstruction, maintenance, and operation of the flood control or storm drainage facilities of the area, to reduce the principal or interest of any bonded indebtedness of the area, or to replace funds expended on behalf of that area. Taxes and assessments imposed by or on behalf of the former Zone 7 of the Alameda County Flood Control and Water  Conservation  District may continue to be levied by the agency upon any property in the agency for the purpose of making payments to the state for the construction, maintenance, repair, and operation and all other costs of the agency' s prorated share of state water facilities in accordance with this act. (j) To incur indebtedness, and to issue bonds in accordance with this act. (k) To cause taxes or assessments to be levied and collected for the purpose of paying any obligation of the agency, and to carry out any of the purposes of this act, in accordance with this act. (l) To make contracts, and to employ labor, and to carry out all acts necessary for the full exercise of all powers vested in the agency or any of the officers of the agency, by this act. (m) To pay to any city, public agency, district, or educational institution recognized under Chapter 3 (commencing with Section 94301) of Part 59 of the Education Code, a portion of the cost of water imported by that city, public agency, the Zone 7 Water Agency, or educational institution into, for use within, and of benefit to the Zone 7 Water Agency. (n) To establish designated floodways in accordance with the Cobey-Alquist Flood Plain Management Act (Chapter 4 (commencing with Section 8400) of Part 2 of Division 5 of the Water Code). (o) To acquire, construct, maintain, operate, and install landscaping or recreational facilities in connection with any dam, reservoir, lake, flood control facility, or other works or property owned or controlled by the agency. (p) To  acquire, construct, maintain, operate and install, lease, and control facilities for the generation, transmission, distribution, sale, exchange, and lease of electric power   engage in power generation that is ancillary to the primary purpose of the agency and to sell any power that is excess to the needs of the agency  . (q) To fully regulate wells and to require the sealing of abandoned or unused wells according to standards adopted by the board by ordinance and designed to protect the groundwater resources of the agency from contamination. Upon and following the effective date of the act, the County of Alameda or the County of Contra Costa or any incorporated city in the County of Alameda or the County of Contra Costa that is within the territory of the agency shall require all persons applying for any land development permit or approval to show the existence and location of any water well upon a map of the property that is the subject of the application. When a well is shown, the map shall be referred to the agency immediately upon receipt for review and investigation. If upon review and investigation the agency determines that the well or wells are to be sealed by the applicant pursuant to the ordinance, the determination shall be transmitted promptly to the applicant by the agency as a requirement in writing. (r) On land acquired or used for the flood control, drainage, water supply, water conservation, and water resource purposes of this act: (1) To plan, improve, operate, maintain, and keep in a sanitary condition, a system of public parks, playgrounds, beaches, swimming areas, and other facilities for public recreation, for the use and enjoyment of all inhabitants of the agency, as an incident to the carrying out of the projects of the agency. (2) To construct, maintain, and operate any other amusement or recreational facilities, including picnic benches and tables, bathhouses, golf courses, tennis courts, or other special amusements and forms of recreation. (3) To fix and collect reasonable fees for the use by the public of any special facilities, services, or equipment pursuant to paragraph (2). (4) To adopt any rules and regulations as in the discretion of the board are necessary to the orderly operation and control of the use, by the public, of the lands and facilities for recreational purposes, provided, however, that the board shall not, for the purposes specified in this subdivision, interfere with control or operation of any existing public park, playground, beach, swimming area, parkway, recreational ground, or other public property, owned or controlled by any county, other district, or municipality, except with the consent of the governing body of that county, district, or municipality, and upon terms as may be mutually agreed upon between the board and that governing body. (s) To design, construct, or maintain any levees, seawalls, groins, breakwaters, jetties, outlets, channels, harbors, basins, or other work pertaining thereto, in a manner as to render them adaptable and useful to shoreline, beach, harbor, navigation, park, or marina development or use, and to do this work in cooperation with any other public or quasi-public agency or corporation concerned with this development or use. (t) To establish and maintain building setback lines along the banks of any river, creek, stream, or other waterway, in any case where the board determines that a setback line is necessary, provided that this authority is not exclusive of similar authority that may be exercised by any county or city and provided further that any development shall comply with the greatest setback line from a watercourse, for any of the following reasons: (1) To prevent impediment of the natural flow of water. (2) To protect life and property. (3) To prevent damage from flooding, bank caving, or erosion. (4) To prevent the pollution of waters. (u) To import, control, distribute, store, spread, sink, treat, purify, recapture, and salvage any water, including, but not limited to, sewage or wastewater for the beneficial use or uses of the agency or its inhabitants or the owners of rights to waters within the territory of the agency. The agency may also acquire, construct, and operate facilities for the collection, treatment, and disposal of sewage, wastewater, and stormwater of the district and its inhabitants and may contract with any public agency concerning facilities and services. 6. (a) The agency may exercise the right of eminent domain, either within or outside of the agency, to take any property necessary to carry out any of the objects or purposes of this act. The agency in exercising this power  shall   shall,  in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles, of any public utility that is required to be moved to a new location. Nothing in this act  contained  shall be deemed to authorize the agency, or any person or persons  ,  to divert the waters of any river, creek, stream, irrigation system, canal, or ditch, from its channel, to the detriment of any person  ,  or persons having any interest in the river, creek, stream, irrigation system, canal, or ditch, or its waters, unless compensation for the diversion is first provided in the manner  provided   prescribed  by law. (b) The agency shall not exercise the right of eminent domain to take any property, including water rights, appropriated to public use by any existing city, county, or district. Nothing in this act shall authorize the agency or any person to divert the waters of any river, creek, stream, irrigation system, canal, or ditch, unless compensation for the diversion is first provided in the manner prescribed by law. (c) Nothing in this act shall affect the plenary power of any existing city, county, or municipal utility district to provide for a water supply for the city, county, or municipal utility district, or as affecting the absolute control of any properties of the city, county, or municipal utility district necessary for the water supply. Nothing in this act shall be construed as vesting any power of control over the properties in the Alameda County Flood Control and Water Conservation District, or over any officer of the district or any person referred to in this act. 7. Except as otherwise provided in this act, an individual serving on the board of directors of the Zone 7 Water Agency on December 31, 2012, shall continue to serve on the board of directors of the agency established by this act and shall hold office until his or her successor qualifies and takes office. 8. (a) The first election for all seven board positions shall be conducted at the June  3,  2014, statewide primary election. Notwithstanding subdivision (b), the four top votegetters at the first election shall serve for terms of four years and the next three top votegetters shall serve for terms of two years. The terms of all seven directors elected pursuant to this subdivision shall commence on July 1, 2014, at noon. (b) The term of office for a director shall be four years. Except as otherwise provided by this act, the term of office for each director elected pursuant to subdivision (a) shall be four years beginning at noon on the first day of July following his or her election and the board member shall hold office until his or her successor qualifies and takes office. (c) Elections shall be conducted in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code), except as provided in paragraph (1), and shall be consolidated with the direct primary election in each even-numbered year. (1) The directors shall be elected at large and the time for the nomination of candidates and issuance of notices in connection with the nomination of candidates shall be at the times provided by general law for the nomination of candidates at the direct primary election. (2) A candidate for the board of directors shall be a resident and qualified elector of the agency. A director shall continue to reside within the agency's territory during his or her term of office. (d) The directors elected pursuant to this section are to exercise their independent judgment on behalf of the interests of the entire agency, including the residents, property owners, and the public as a whole in furthering the purposes and intent of this act. 9. A vacancy in the office of any director shall be filled for the unexpired term by appointment by a majority of the remaining members of the board of directors. 10. Any elected director may be recalled by the voters pursuant to Chapter 1 (commencing with Section 11000) of Division 11 of the Elections Code. 11. (a) Any ordinances, resolutions, or board policies adopted by the board of directors of Zone 7 of the Alameda County Flood Control and Water Conservation District on or before December 31, 2012, shall remain in full force and effect and be binding on the agency unless specifically repealed by the board of directors of the agency. (b) The board may adopt resolutions for the agency that shall be adopted, certified, and recorded. (c) (1) The board may adopt ordinances for the agency. All ordinances shall be enacted only by rollcall vote entered into the proceedings of the board. An ordinance shall be in full force and effect immediately upon adoption, and shall be published once in full in a newspaper of general circulation, printed, published, and circulated in the agency within 10 days after adoption. (2) Any violation or threatened violation  of an agency ordinance  may be enjoined by civil action. (d) The board shall have    the  power to make and enforce all needful rules, regulations, standards, and procedures for the administration and government of the agency, and to appoint and employ all needful agents, superintendents, engineers, attorneys, and employees to properly look after the performance of any work provided for in this act and to operate and maintain those works, and to perform all other acts necessary or proper to accomplish the purposes of this act. (e) The board may establish rules and regulations for the sale, distribution, and use of water, which includes the power to restrict the use of water during any emergency caused by drought, emergency, or other threatened or existing water shortage and to prohibit the wastage of agency water or the use of agency water during those periods for any purpose other than household uses or other restricted uses as may be determined to be necessary by the agency and may prohibit use of water during those periods for specific uses that the agency may from time to time find to be nonessential. (f) In addition to the officers and employees prescribed by the act, the board may in its discretion appoint a president, a vice president, a clerk, and any other officers and employees for the board of directors or agency who, in its judgment, may be deemed necessary, prescribe their duties, and fix their compensation. Those officers and employees shall be employed, suspended, or their employment terminated in accordance with an ordinance setting forth rules, regulations, standards, and procedures for appointment, suspension, and termination of employment. 12. (a) The agency shall have jurisdiction and power to employ competent registered civil engineers and geologists to investigate and carefully devise a plan or plans for projects, and to obtain information in regard to projects, as may be deemed necessary or useful for carrying out the purposes of this act. (b) The board may direct any engineer or geologist described in subdivision (a) to make and file reports from time to time including the following information: (1) A general description of a project, together with general plans, profiles, cross sections, and general specifications relating to the project. (2) A general description of the lands, rights-of-way, easements, and property proposed to be taken, acquired, or injured in carrying out the project. (3) A map or maps that show the location of the project, and lands, rights-of-way, easements, and property to be taken, acquired, or injured in carrying out the project, and any other information in regard to the project that may be deemed necessary or useful. (4) An estimate of the cost of the project, including a statement of the portion, if any, of cost advanced by the agency for the project for which the agency proposes to reimburse itself from the proceeds of sale of any bonds to be issued to pay for the project and an estimate of the cost of lands, rights-of-way, easements, and property proposed to be taken, acquired, or injured in carrying out the project, and also of all incidental expenses likely to be incurred in connection with the project, including legal, clerical, engineering, superintendence, inspection, printing, and advertising, and, if deemed advisable, a sum sufficient to pay interest on any bonds proposed to be issued during all or any part of the period of construction of the project and for no longer than 12 months thereafter, and the total amount of bonds, if any, necessary to be issued to pay for the project. (c) Any engineer or geologist described in subdivision (a) shall from time to time and as directed by the board file with the board supplementary, amendatory, and additional reports and recommendations, as necessity and convenience may require. 13. (a) Any abandoned or unused water well endangering the public health and safety by creating a water contamination hazard is a public nuisance. The board shall, by ordinance, establish standards for what constitutes a water contamination hazard and procedures for the declaration and abatement of public nuisance consistent with this section. (b) Whenever the agency determines that a public nuisance, as defined, exists, it shall, by certified mail, notify the current record owner of the property to abate the public nuisance and that it is the intention of the agency to record a notice of violation of the ordinance. The notice to the owner shall describe the violation and specify a time, date, and place for a hearing, at which the owner may present evidence to the board that a public nuisance does not actually exist and that the notice should not be recorded. The notice to the owner shall state that, unless the public nuisance is abated within the time specified by the board following the hearing, the agency may abate the public nuisance and the costs of the abatement will be assessed against the property. The meeting shall take place no sooner than 30 days and no later than 60 days from  the  date of the certified mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the agency of his or her objection to recording the notice of violation, the board shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the agency shall mail a clearance letter to the current owner of record. If, however, after the owner has presented evidence, the board determines that a violation has in fact occurred, the board shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property. The county recorder shall index the names of the fee owners in the general index. (c) If the board determines, at the conclusion of the hearing, that a public nuisance actually exists, the board shall order the property owner to abate the public nuisance within a specified time. (d) If the public nuisance is not abated within the time specified in the order of the board following a hearing, the agency may abate the public nuisance. Any entry upon private property by the agency for this purpose shall be preceded by written notice to the owner by certified mail stating the date and place of entry, the purpose of entry, and the number of persons entering. If the mailed notice is returned undelivered, the agency may post a copy of the notice at the proposed entry point five days prior to entry. (e) Any costs incurred by the agency in abating a public nuisance pursuant to this section are a lien upon the property upon which the public nuisance existed when notice of the lien is filed and recorded. (f) Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of the lien, and naming the owner of record of the property, shall be recorded by the agency in the office of the Alameda or Contra Costa County Recorder, as appropriate, within one year after the first item of expenditures by the agency or within 90 days after the completion of the work, whichever first occurs. Upon recordation of the notice of lien, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the property described in the notice, and shall continue for 10 years from the time of recording of the notice unless sooner released or otherwise discharged. 14. The board shall determine which projects or works of improvement shall be carried out and shall determine, as to each project or work of improvement, that it is for the benefit of the agency in whole or in part. 15. The agency may designate the county treasury as its treasury, for all purposes or for such purposes as may be identified by the board of directors by resolution. 16. The board of directors may create by resolution any advisory boards, committees, or commissions for the agency as in its judgment are required to serve the best interests of the agency. The board may grant to any advisory board, committee, or commission it creates  duties as are consistent with the provisions of this act  to any advisory board, committee, or commission it creates  . The number of members of any board, committee, or commission created by the board shall be not less than three and shall be specified in the resolution. Members of any board, committee, or commission created by the board shall serve at the pleasure of the board. 17. Notwithstanding any other law, the agency may continue to impose any special taxes based upon assessed value or any other special taxes, assessments, or charges imposed by or on behalf of the former Zone 7 of the Alameda County Flood Control and Water Conservation District. 18. Subject to Section 4 of Article XIII A and Article XIII C of the California Constitution, the agency may impose new special taxes in accordance with Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code at minimum uniform rates according to land use category and size. 19. The agency may levy assessments upon any property in the agency, in accordance with the Improvement Act of 1911, the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913, or the Refunding Assessment Bond Act of 1935. 20. (a) Any taxes or assessments shall be levied and collected together with, and not separately from, taxes for county purposes and the revenues derived together with any penalties paid by the county to the agency. (b) Provisions of law prescribing the time and manner of levying, assessing, equalizing, and collecting county property taxes, including the sale of property for delinquency, and the redemption from sale, and the duties of county officers in this regard, are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part of this act. 21. (a) The board of directors may, by resolution adopted by a vote of a majority of the total vote of the board, require and fix the amount of, and the maturity, interest rate paid, and any other provisions of, all official bonds necessary for the agency to carry out the objects and purposes of the agency to provide a reliable supply of treated drinking water, agricultural water, and regional flood protection to the public. The resolution shall contain sufficient detail to inform its beneficiaries, including, but not limited to, the purpose or purposes for the indebtedness, the amount of principal, and maximum amount of interest to be paid. (b) After a resolution has been filed pursuant to subdivision (a), the board shall order by ordinance the submission of the proposition of incurring bonded indebtedness to the qualified voters within the territory served by the agency at an election authorized by law at which the qualified electors of the agency are entitled to vote. The ordinance shall submit to the qualified voters of the agency the proposition of incurring a bonded debt detailed in the resolution. In this regard, a brief, general description of the amount and purposes for which the indebtedness is proposed to be incurred with the certified copy of the resolution incorporated by reference shall suffice. The ordinance may state that no bonds authorized at the election will be sold until taxes or assessments have been levied on the area benefited by the improvement which will provide for payments to the agency sufficient to pay the principal and interest on any bonds issued. (c) The board shall cause a map or maps to be prepared covering a general description of the project. A map shall show the location of the proposed project and the board shall cause the map to be posted in a prominent place in the county courthouse for the County of Alameda for public inspection and on the agency's Internet Web site for at least 30 days before the date fixed for the election. (d) The ordinance calling for the election shall, prior to the date set for the election, be published pursuant to Section 6062 of the Government Code in a newspaper of general circulation. The last publication of the ordinance must be at least 14 days before the election, and if there is no newspaper of general circulation, then the ordinance shall be posted in five public places designated by the board, for at least 30 days before the date fixed for the election. No other notice of the election need be given nor need polling place cards be issued. (e) Any defect or irregularity in the proceedings prior to the calling of the election described in this section shall not affect the validity of the bonds authorized by the election. If at the election two-thirds of the votes cast are in favor of incurring the bonded indebtedness, then bonds for the amount stated in the proceedings shall be issued and sold as provided in this act. 22. The board may issue and sell the bonds authorized pursuant to the board's resolution at not less than par value, and the proceeds of the sale of the bonds shall be placed in the treasury of the agency. 23. Notwithstanding any other law, taxes and assessments may be levied by the board upon any property in the agency for the purpose of making payments to the state under the terms of the agency's state water contract for the construction, maintenance, repair, operation, and all other costs of the zone's prorated share of state water project facilities. 24. (a) On or before December 15 of each year, the board of directors shall meet, at the time and place designated by published notice, at which meeting any member of the general public may appear and be heard regarding any item in the proposed budget or for the inclusion of additional items. (b) At the same time and place designated in the public notice, the board shall review its financial reserves. (c) After the conclusion of the meeting, and not later than December 31 of each year, and after making any revisions of, deductions from, or increases or additions to, the proposed budget that the board determines advisable during or after the meeting, the board, by resolution, shall adopt the budget as finally determined. 25. The bonds of the agency issued pursuant to this act shall be legal investments for all trust funds, for the funds of all insurance companies, banks, both commercial and savings, and trust companies, for the state school funds, and whenever any money or funds may by law now or hereafter enacted be invested in bonds of cities, cities and counties, counties, school districts, or municipalities in the state, the money or funds may be invested in the bonds of the agency issued in accordance with the provisions of this act, and whenever bonds of cities, cities and counties, counties, school districts, or municipalities, may by any law now or hereafter enacted be used as security for the performance of any act, the bonds of the agency may be so used. 26. All bonds issued by the agency under the provisions of this act shall be free and exempt from taxation within the state pursuant to subdivision (c) of Section 3 of Article XIII of the California Constitution. 27. Any improvement for which bonds are voted under the provisions of this act shall be made in conformity with the report, plans, specifications, and map adopted, unless the doing of any of the work described in the report shall be prohibited by law, or be rendered contrary to the best interests of the agency by some change of conditions in relation thereto, in which event the board may order necessary changes made in the proposed work or improvements and may cause any plans and specifications to be made and adopted. 28. Whenever bonds have been authorized by the agency and the proceeds of the sale of the bonds have been expended as authorized, the board may by resolution determine that additional bonds should be issued for carrying out the work of flood control, water supply, or for any of the purposes of this act, and the board may submit to the qualified voters, the question of issuing additional bonds in the same manner and with like procedure. All provisions of this act for the issuing and sale of bonds and for the expenditure of the proceeds of bonds shall be deemed to apply to an issue of additional bonds. 29. In addition to proceedings authorized under this act, whenever the board determines that it is in the public interest, it may borrow money to provide funds to pay the cost of any work or improvement in the agency by the issuance of revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), provided that, in addition to the purposes established in the Revenue Bond Law of 1941, the agency may also issue bonds for the purpose of financing the construction, reconstruction, replacement, acquisition, or improvement of any facility or facilities necessary or convenient for the storage, treatment, including reclamation, transmission, or distribution of water for beneficial use within the agency, and for the purpose of generation or transmission of electric power. If the work or improvement is determined by the board to be for an area comprising less than the whole agency, the election at which the proposition to issue revenue bonds is submitted shall be held only in that area. Proceeds from the sale of any revenue bonds shall be expended only in the area in which the proposition to issue revenue bonds is approved. In the case of any conflict between the provisions of this act and the provisions of the Revenue Bond Law of 1941 regarding the issuance of revenue bonds, the provisions of the Revenue Bond Law of 1941 shall control. 30. The repeal or amendment of this act or a change in boundaries of the agency shall not in any way affect or release any of the property in the agency from the obligations of any outstanding bonds or indebtedness until all outstanding bonds or indebtedness have been fully paid and discharged. 31. There is hereby granted to the agency the right-of-way for the location, construction, and maintenance of water collection, distribution or flood control channels, ditches, waterways, conduits, canals, storm dikes, embankments, and protective works in, over, and across public land of the State of California, not otherwise disposed of or in use, not in any case exceeding in length or width that is necessary for the construction of the works and adjuncts or for the protection thereof. Whenever any selection of a right-of-way for the works or adjuncts is made by the agency the board must transmit to the State Lands Commission, the Controller, and the county recorder in which the selected lands are situated, a plat of the lands selected, giving the extent and the uses for which the same is claimed or desired, duly verified to be correct. If the State Lands Commission approves the selections made it shall endorse its approval upon the plat and issue to the agency a permit to use the right-of-way and lands. 32. Claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) of Division 3 of, and Part 4 (commencing with Section 940) of Division 3.6 of, Title 1 of the Government Code, except as provided. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to those claims shall be prepared and presented to the governing body and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county. 33. (a) The legal title to all property, except shares of stock in mutual water companies or corporations, as provided in Section 17 of Article XVI of the California Constitution, acquired by or on behalf of the former Zone 7 of the Alameda County Flood Control and Water Conservation District or under this act shall immediately and by operation of law vest in the agency, and shall be held by the agency, in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this act. The board may hold, use, acquire, manage, occupy, and possess the property, as provided, and the board may determine, by resolution duly entered in its minutes that any real property, or interest therein, held by the agency is no longer necessary to be retained for those uses and purposes, and may sell, lease, or otherwise dispose of the property pursuant to this section. (b) Real property that, in the unanimous judgment of the board, has no access to a public road, or that consists of an easement for ingress and egress to property that, by the terms of the easement, will terminate when ingress and egress is supplied to the property by a public road, may be sold, leased, or conveyed by the board on terms prescribed by it. (c) The board may reconvey real property to the former owner by whom the property was conveyed, or from whom the property was condemned by the agency, or the owner's successor in interest for fair market value. Fair market value shall be determined by a qualified real estate appraiser. However, the agency may reconvey real property to the former owner or his or her successor in interest for less than fair market value if the agency finds that a public purpose exists justifying that reconveyance for less than fair market value. (d) The board may by a majority vote exchange real property of equal value with any person, firm, or corporation for the purpose of removing defects in the title to real property owned by the agency or where the real property to be exchanged is not required for agency use and the property to be acquired is required for agency use. (e) In all other cases, the board shall be governed in the sale, lease, or other disposition of real property by the requirements of law governing that action by counties, provided that notice of the board's intended action shall be as prescribed in Section 25363 of the Government Code. (f) The board may by resolution prescribe a procedure for the leasing of real property owned by the agency alternative to the requirements of law governing counties. (g) The board may, by a majority vote, sell, lease, or otherwise transfer to the state, the County of Alameda or the County of Contra Costa, or to any city, school district, or other special district within the agency, or exchange with the public entities, any real or personal property or interest belonging to the agency upon the terms and conditions that are agreed upon. (h) The board shall establish regulations for the trade in, survey, sale, or other disposition of personal property held by the agency and no longer necessary to be retained for the uses and purposes thereof, provided, however, that any sale of personal property having a sale value in excess of that value stated from time to time by Article 2 (commencing with Section 1041.6) of Subchapter 3 of Chapter 2 of Division 2 of Title 2 of the California Code of Regulations as a definition of "fixed assets," or any lower value as may be determined by the board, shall be made upon public bid preceded by notice of the board's intended action given as prescribed in Section 25363 of the Government Code. 34. The agency formed under this act, in order to determine the legality of its existence, the legality of any contract entered into by the agency, or any other matter, may institute a proceeding therefor pursuant to the provisions of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 35. (a) Each person elected or appointed to the office of director shall, within 30 days after receiving his or her certificate of election, or notice of appointment, qualify by taking and subscribing to an official oath. The director shall file his or her official oath with the clerk of the board, as has been adjusted, or may be adjusted in the future, pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code. (b) The board may authorize each director to receive compensation not exceeding one hundred dollars ($100) per day for each day's attendance at meetings of the board, or committees thereof, or for each day's service rendered as a director by request of the board. (c) Employees appointed by the board under this act, when required by the board of the agency, shall execute bonds conditioned, executed, approved, filed, and recorded in the general manner and form provided by law for officers, other than supervisors, of the county, before entering upon the duties of their respective employments. 36. This act, and every part thereof, shall be liberally construed to promote the objects thereof, and to carry out its intents and purposes.  37. The provisions and procedures of law available under this act are not subject to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Part 1 (commencing with Section 2800) of Division 4 of the Streets and Highways Code).   38.   37.  The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. Section 2 of the Alameda County Flood Control and Water Conservation District Act (Chapter 1275 of the Statutes of 1949) is amended to read: Sec. 2. A flood control district is hereby created to be called the Alameda County Flood Control and Water Conservation District. The district shall consist of all the territory of the County of Alameda lying within the exterior boundaries of the county, except  for the territory of the Zone 7 Water Agency on January 1, 2013, save  as may be modified by the  Alameda County  Local Agency Formation Commission  of the County of Alameda   to exclude some or all of the Zone 7 Water Agency's territory  . As used in this act "district" means the Alameda County Flood Control and Water Conservation District.  Nothing in this section shall be construed to authorize the Alameda County Local Agency Formation Commission to interfere with or otherwise limit the Zone 7 Water Agency's exercise of flood control authority granted by subdivision (f) of Section 5 of the Zone 7 Water Agency Act.  SEC. 3. Section 36 of the Alameda County Flood Control and Water Conservation District Act (Chapter 1275 of the Statutes of 1949) is repealed. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.