Bill Text: CA AB466 | 2009-2010 | Regular Session | Chaptered
Bill Title: Santa Clara Valley Water District.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 443, Statutes of 2009. [AB466 Detail]
Download: California-2009-AB466-Chaptered.html
BILL NUMBER: AB 466 CHAPTERED
BILL TEXT
CHAPTER 443
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN SENATE JUNE 8, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Coto
(Coauthors: Assembly Members Beall, Fong, Ruskin, and Torrico)
(Coauthors: Senators Alquist, DeSaulnier, and Maldonado)
FEBRUARY 24, 2009
An act to amend Sections 13.2 and 20 of, to add Sections 7.4, 7.5,
7.6, 7.7, 7.8, 7.9, 7.10, 7.11, and 8 to, and to repeal and add
Sections 7, 7.1, and 7.3 of, the Santa Clara Valley Water District
Act (Chapter 1405 of the Statutes of 1951), relating to the Santa
Clara Valley Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 466, Coto. Santa Clara Valley Water District.
(1) The Santa Clara Valley Water District Act establishes the
Santa Clara Valley Water District and specifies its powers and
purposes relating to water supply and flood management. The act
requires the board of the district, until January 1, 2010, to consist
of 2 directors who are appointed and 5 directors who are elected in
accordance with specified procedures. The act requires the board of
directors, on and after January 1, 2010, to consist of 5 directors
who are elected in accordance with specified procedures.
This bill would repeal certain provisions of the act relating to
the board of the district. The bill would revise the composition of
the board of the district by requiring the board to transition to an
all-elected board that, on and after noon on December 3, 2010,
consists of 7 directors who are elected pursuant to specified
requirements. The board also would be required to adopt a resolution
establishing the boundaries of the 7 electoral districts. By imposing
requirements on the district, the bill would impose a state-mandated
local program.
(2) The act requires the board of the district, on or before June
15 of each year, to meet at the time and place designated by
published notice, at which meeting any member of the public may
appear to be heard regarding any item in the proposed budget.
This bill would require the board to review its financial reserves
and its reserve management policy at this meeting. The bill would
require the directors who serve on the board to comply with various
requirements relating to the activities of persons who lobby the
district, contract bidding, severance pay, travel reimbursement, and
other matters. The bill would require the district to make available
to the public specified reports prepared by district staff for the
board. These requirements on the district would impose a
state-mandated local program.
(3) The act authorizes the district to impose special taxes at
minimum rates according to land use category and size. The act
authorizes the district to provide an exemption from these taxes for
residential parcels owned and occupied by one or more taxpayers who
are at least 65 years of age and meet a specified total household
income limit.
This bill would extend the exemption to an otherwise qualified
taxpayer who qualifies as totally disabled under the federal Social
Security Act.
(4) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as added by Section 3 of
Chapter 279 of the Statutes of 2006, is repealed.
SEC. 2. Section 7 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7. Except as otherwise provided in this act, the individuals
who serve on the board of the Santa Clara Valley Water District on
December 31, 2008, in accordance with the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951, as amended) shall
continue to serve on the board of the district established by this
act.
SEC. 3. Section 7.1 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 17 of
Chapter 906 of the Statutes of 1993, is repealed.
SEC. 4. Section 7.1 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.1. Until noon on December 3, 2010, the board shall consist
of the following directors:
(a) Two appointed directors who serve on the board of the Santa
Clara Valley Water District on December 31, 2008, pursuant to Section
7.2 of the Santa Clara Valley Water District Act (Chapter 1405 of
the Statutes of 1951), as amended by Section 4 of Chapter 279 of the
Statutes of 2006).
(b) Five directors who are elected pursuant to Section 7.1 of the
Santa Clara Valley Water District Act (Chapter 1405 of the Statutes
of 1951, as amended by Chapter 906 of the Statutes of 1993).
SEC. 5. Section 7.3 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as added by Section 6 of
Chapter 279 of the Statutes of 2006, is repealed.
SEC. 6. Section 7.3 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.3. Directors described in subdivision (b) of Section 7.1
from the first and fourth supervisorial districts who are elected in
2006 shall serve until noon on December 3, 2010.
SEC. 7. Section 7.4 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.4. Directors described in subdivision (b) of Section 7.1
from the second, third, and fifth supervisorial districts who are
elected in 2008 shall serve until noon on December 7, 2012.
SEC. 8. Section 7.5 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.5. Directors described in subdivision (a) of Section 7.1
shall serve until noon on December 3, 2010.
SEC. 9. Section 7.6 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.6. Notwithstanding any other provision of law, commencing
at noon on December 3, 2010, the number of elected directors on the
board shall be increased from five to seven and the number of
appointed directors shall be reduced from two to zero.
SEC. 10. Section 7.7 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.7. (a) On or before June 30, 2010, the board shall adopt a
resolution that divides the district into seven electoral districts
and that assigns a number to each district.
(b) Using the most recent census data as a basis, the electoral
districts shall be as nearly equal in population as possible.
(c) In establishing the boundaries of the electoral districts, the
board may give consideration to the topography, geography,
cohesiveness, contiguity, integrity, compactness of territory, and
the community of interests of the electoral districts.
SEC. 11. Section 7.8 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.8. (a) The first elections for the first, fourth, sixth,
and seventh electoral districts established pursuant to Section 7.7
shall be conducted at the November 2, 2010, statewide general
election. The first elections for the second, third, and fifth
electoral districts established pursuant to Section 7.7 shall be
conducted at the November 6, 2012, statewide general election.
(b) 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 Friday in December following his
or her election and the director shall hold office until his or her
successor qualifies and takes office.
(c) Elections for the electoral districts established pursuant to
Section 7.7 shall be conducted in accordance with the Uniform
District Election Law (Part 4 (commencing with Section 10500) of
Division 10 of the Elections Code).
(d) (1) One director shall be elected in accordance with this
section by the voters of each electoral district.
(2) A candidate for the board of directors shall be a resident in
the electoral district for which he or she is a candidate.
(3) A director shall continue to reside within the electoral
district during his or her term of office, except that no change in
boundaries of an electoral district shall affect the term of office
of any incumbent director.
(e) The directors elected pursuant to this section are to exercise
their independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this act.
SEC. 12. Section 7.9 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.9. A vacancy in the office of any director shall be filled
pursuant to Section 1780 of the Government Code. Any director
appointed to fill a vacancy in either of the offices described in
subdivision (a) of Section 7.1 shall represent the district at large
and shall be a qualified elector residing in the County of Santa
Clara.
SEC. 13. Section 7.10 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.10. Any elected director may be recalled by the voters
pursuant to Chapter 1 (commencing with Section 11000) of Division 11
of the Elections Code.
SEC. 14. Section 7.11 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 7.11. The board shall review the boundaries of the seven
electoral districts established pursuant to Section 7.7 before
November 1 of the year following the year in which each decennial
census is taken. The boundaries shall be adjusted if needed in
accordance with Section 22000 of the Elections Code so that each
electoral district is as nearly equal in population to the others as
possible. In making the adjustments, the board may give consideration
to the factors described in subdivision (c) of Section 7.7.
SEC. 15. Section 8 is added to the Santa Clara Valley Water
District Act (Chapter 1405 of the Statutes of 1951), to read:
Sec. 8. (a) While serving as a member of the board of directors,
and for one year immediately following the end of the director's term
of office, no director shall seek or accept compensated employment
with the district.
(b) The board, by ordinance, shall adopt regulations governing the
activities of persons who lobby the district . Those regulations
shall include provisions requiring registration of lobbyists,
reporting requirements governing the activities of lobbyists and
communications with board members, and disclosure by directors of
contact with lobbyists prior to voting on matters related to the
contact. This ordinance shall be adopted no later than July 1, 2010.
(c) (1) No director shall contact staff on behalf of a party who
is bidding or intends to bid on a district contract or who has or
intends to submit a response to a request for proposals or request
for qualifications, nor shall a director inquire about the identity
of bidders or proposers prior to the time that staff has made a
recommendation for selection of a contractor, vendor, or consultant.
(2) Paragraph (1) does not prohibit a director from making general
inquiries about the status of a particular procurement, or from
providing a member of the public with information about the
appropriate staff contact concerning procurement of goods and
services by the district.
(d) The board may not authorize severance pay for a
board-appointed employee of the district when the employee
voluntarily separates from district employment. "Severance pay" does
not include any otherwise lawful payment required to be paid by the
district under a preexisting employment agreement or under a
separation and release agreement resolving a claim or claims made or
threatened to be made against the district. The board shall not agree
to amend an employment contract after the employee announces or
requests a voluntary separation, except upon a board determination,
in open session, that an adjustment in compensation is required to
retain the employee and is in the best interest of the district.
(e) A public report made pursuant to Section 54957.1 of the
Government Code of actions taken in closed session shall be reflected
in the minutes of the board meeting at which the report was made.
(f) (1) Except as provided in paragraph (2), reports prepared by
district staff for the board that recommend action on any item to be
considered at a regular public meeting of the board, or at a public
hearing conducted by the board, shall be made available to the public
no later than six days prior to the date of that meeting or hearing.
(2) Notwithstanding paragraph (1), the following reports shall be
made available to the public within the time period required by the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of the Government Code):
(A) Reports relating to a contract award, if the contract has been
considered at a prior board meeting.
(B) Reports recommending board action necessary to meet a legal
deadline, including a deadline for a grant funding application.
(C) Reports conveying a recommendation from a board committee.
(D) Reports recommending immediate board action to address urgent
health, safety, or financial matters identified in the report.
(E) Supplemental reports conveying additional information received
after the initial report was released.
(3) If a recommendation in a staff report is revised based upon
direction from a member of the board, the revision shall be disclosed
in the applicable report.
(4) This subdivision does not require the public release of any
document that is exempt from disclosure pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) or any other provision
of law.
(g) On a quarterly basis, a report of the expense reimbursements
to each director shall be placed on an open session board meeting
agenda for review and a determination by the board whether the
expense reimbursements comply with the board's reimbursement policies
adopted pursuant to Section 53232.3 of the Government Code. Only
expenses in compliance with those policies may be reimbursed by the
district.
SEC. 16. Section 13.2 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as added by Section 1 of
Chapter 63 of the Statutes of 2001, is amended to read:
Sec. 13.2. For the purposes of levying special taxes pursuant to
paragraph (2) of Section 13, the district may impose 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. The
district may provide an exemption from these taxes for residential
parcels owned and occupied by one or more taxpayers who are at least
65 years of age, or who qualify as totally disabled under the federal
Social Security Act, if the total household income is less than an
amount that is approved by the voters of the district.
SEC. 17. Section 20 of the Santa Clara Valley Water District Act
(Chapter 1405 of the Statutes of 1951), as amended by Section 9 of
Chapter 279 of the Statutes of 2006, is amended to read:
Sec. 20. (a) On or before June 15 of each year, the board 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, including the
justification therefor, and its reserve management policy.
(c) After the conclusion of the meeting, and not later than June
30 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.
SEC. 18. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
