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HomeMy WebLinkAboutFile 5 of 9 - Bolsa Chica Annexation Proposal - Bolsa Bay Ha BOLSA BAY HARBOR AND CONSERVATION DISTRICT PROPOSED DISCUSSION DRAFT JANUARY 29, 1987 PACIFIC GOVERNMENTAL CONSULTANTS legis.agm; ss/rgb:ggg O1/29/87 DRAFT PROJECT TEAM Skip Schmidt - Pacific Governmental Consultants - Legislative Drafting Wayne Clark - Public Relations Counsel - Governmental Liason Russell G. Behrens - Behrens, Recht, Finley & Hanley - Special Districts Susan K. Hori - Jones, Day, Reavis & Pogue - Land Use Processing Mel Malkoff - Mel Malkoff & Associates - Environmental Engineering Jerry Wood - IWA Engineers - Utility Engineering James Kubbelbeck - Williams & Kubbelbeck - Finance Engineering Richard�Anderson. - Best, Best &- Krieger - Second -opinion and Overview PROJECT SPONSORS SIGNAL" LANDMARK, INC. Jeffrey B. Holm Darlene A. Frost legis.agm; ss/rgb:aag 01/29/87 DRAFT TABLE OF CONTENTS (Summary) CHAPTER 1. INTRODUCTORY PROVISIONS . . . . . . . . . . . . 1 Article 1 - Legislative Findings and Declarations . . . 1 Article 2 - Boundary Description . . . . . . . . . . . 3 Article 3 - Definitions . . . . . . . . . . . . . . . . 4 Article 4 - Establishment and Purposes . . . . . . . . 9 Article 5 - General Provisions . . . . . . . . . . . . 14 CHAPTER 2 . INTERNAL ORGANIZATION . . . . . . . . . . . . . 16 Article 1 - General Provisions . . . . . . . . . . . . 16 Article 2 - Election of the First Board . . . . . . . . 18 Article 3 - Elections, Voting . . . . . . . . . . . . . 20 Article 4 - Alternative Method Conducting Elections . . 23 Article 5 - Establishing Divisions . . . . . . . . . . 29 Article 6 - Officers and Employees . . . . . . . . . . 31 CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . . . . . 33 Article 1 - General . . . . . . . . . . . . . . . . . . 33 Article 2 - Extended Community Services . . . . . . . 38 CHAPTER 4 . WETLANDS CONSERVATION . . . . . . . . . . . . . 40 Article 1 - State Joint Exercise of Powers 6.'ith District . . . . . . . . . Article 2 - Abatement of Solid Wastes . . . . . . . . . 42 Article 3 - Flood Control . . . . . . . . . . . . . . . 43 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 44 CHAPTER 6. WATER & SEWER FACILITIES . . . . . . . . . . . . 48 Articles-1 - Water Operations . . . . . . . . . . . . . 48 Article:2 - Sewage Treatment and Reclamation . . . . . 52 CHAPTER 7 . FINANCIAL PROVISIONS . . . . . . . . . . . . . . 55 Article 1 - Annual Budget . . . . . . . . . . . . . . . 55 Article 2 - Administration of Funds . . . . . . . . . . 57 Article 3 - Taxes . . . . . . . . . . . . . . . . . . . 59 Article 4 - Federal Repayment, Assessment . . . . . . . 62 Article 5 - Improvement and Benefit Assessments . . . 65 Article 6 - Rates , Charges and Fees . . . . . . . . . . 66 - Article 7 - Transient Occupancy Taxes . . . . . . . . . 70 Article 8 - Short-Terrr. Borrowings . . . . . . . . . . . 72 Article 9 - Bonded Indebtedness . . . . . . . . . . . . 73 CHAPTER S . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND IMPROVEYIENT DISTRICTS . . . . . . . . . . . . . . . 75 Article 1 - Federal Repayment District . . . . . . . . 75 Article 2 - Zones of Benefit . . . . . . . . . . . . . 76 Article 3 - Improvement Districts . . . . . . . . . . . 81 legis. agm; ss/rgb:ggg i Cl/29/67 DRAFT TABLE OF CONTENTS CHAPTER 1. INTRODUCTORY PROVISIONS . . . . . . . . . . . . 1 Article 1 - Legislative Findings and Declarations 1 Article 2 - Boundary Description . . . . . . . . . . . 3 Article 3 - Definitions . . . . . . . . . . . . . . . . 4 Section 100 - Effect of Definition . . . . . . . . 4 Section 101 - "Application of Definitions" . . . . 4 Section 102 - "Board of Supervisors" . . . . . . . 4 Section 103 - "Coastal Commission" . . . . . . . . 4 Section 104 - "Commission" . . . . . . . . . . . . 4 Section 105 - "Conservancy" . . . . . . . . . . . 4 Section 106 - "County" . . . . . . . . . . . . . . 4 Section 107 - "Department of Fish and Game" . . . 5 Section 108 - "District" . . . . . . . . . . . . . 5 Section 109 - "Federal Funding" . . . . . . . . . 5 Section 110 - "Habitat Conservation Plan" . . . . 5 Section Ill - "Harbor Facility" . . . . . . . . . 5 Section 112 - "Holder of Title" or "Landowner" . . 5 Section 113 - "Improvement District" . . . . . . . 6 Section 114 - "Land" . . . . . . . . . . . . . . . 6 Section 115 - "Land Use Plan" . . . . . . . . . . 6 Section 116 - "Legal Representative" . . . . . . . 6 Section 117 - "Local Coastal Program" . . . . . . 7 Section 118 - "May or Shall" . . . . . . . . . . . 7 Section 119 - "Navigable Ocean Entrance" . . . . . 7 Section 120 - "State" . . . . . . . . . . . . . . 7 Section 121 - "United States" . . . . . . . . . . 7 Section 122 - "Visitor Serving Facilities" . . . . 7 Section 123 - "Landowner Voter" . . . . . . . . . 8 SectioMc124 - "Resident Voter" . . . . . . . . . . 8 Sectiori,.:,125 - "Wetlands Restoration" . . . . . . 8 Section _126 - "Wetlands Restoration Plan" 8 Article 4 - Establishment and Purposes . . . . . . . . 9 Section 140 - Title . . . . . . . . . . . . . . . 9 Section 141 - Establishment of District and Purposes . . . . . . . . . . . . . . 9 Section" 142 - Limitations . . . . . . . . . . . . 10 Section 143 - District Powers Subordinate to State Interests . . . . . . . . . . . 10 Section 144 - State Lands Exempt From Special Taxes and Assessments . . . . . . . . . . . . 1-1Section 146 - State Sovereignty Over State-Owned Lands . . . 11 Section 147 - Effect on Prior Agreements . . . . . 12 Section 148 - Severability Clause . . . . . . . . 12 Section 149 - Liberal Construction . . . . . . . . 13 Article 5 - General Provisions . . . . . . . . . . . . 14 Section 150 - Act . . . . 14 Section 151 - Rights, Privileges , and !=unities: Exercisable by Leaa1 Representative . . . . . 14 Section 152 - Acknowledgement . . . . . . . . . . 14 legis.agm; ss/rgb:ggg i Cl/29j 87 DRAFT Section 153 - Fees . . . . . . . . . 14 Section 154 - State Treasurer's Fees . . . . . . . 14 Section 155 - Applicability of Uniform District Election Law . . . . . . . . . 14 Section 156 - Changes of Organization . . . . . . 15 CHAPTER 2 . INTERNAL ORGANIZATION . . . . . . . . . . . . . 16 Article 1 - General Provisions . . . . . . . . . . . . 16 Section 200 - Governing Body . . . . . . . . . . . 16 Section 201 - Terms of Office of Commissioners . . 16 Section 202 - Time of Election . . . . . . . . 16 Section 203 - Vacancies in Office of Commissioner 16 Section 204 - Increasing Number of Commissioners 17 Article 2 - Election of the First Board . . . . . . . . 18 Section 210 - Board of Commissioners . . . . . . . i8 Section 211 - First Board . . . . . . . . . . . . 18 Section 212 - Staggered Terms . . . . . . . . . . 19 Article 3 - Elections . Voting . . . 20 Section 213 - Voters; Number of Votes; Assessment Roll . . 20 Section 214 - Ascertainment of Voters in District 20 Section 215 - Voting in Person or by Proxy . . . . 21 Section 216 - Validity of Proxy; Requirements; Revocability . . . . . . . . . . . . . . . . 21 Section 217 - Legal Representative; Certified Copy of Authority; Presentation and Filing . . . . 22 Article 4 - Alternative Method Conductina Elections . . 23 Section 220 - Change to Resident Voting . . . . . 23 Section 221 - Determination. of Assessable Area . . 23 Section 222 - Petition to Change . . . . . . . . . 23 Section 223 - Form of Petition . . . . . . . . . . 23 Section 224 - Authorized Petitioners . . . . . . . 24 Section 225 - Circulator Requirements . . . 24 Section _226 - Time to Obtain Signatures . . . . . 25 Section 227 - Filing of Petition . . . . . . . . . 25 Section 228 - Verification of Petition . . . . . . 25 Section 229 - Supplemental Petition . . . . . . . 25 Section. 230 - Secretary's Certificate 26 Section 231 - Resolution Changing to Resident Voting . . . . . . . . . . . . . . . . . . . 26 Section 232 - Filing Resolution With County . . . 26 Section 233 - Subsequent Elections . . . . . . . . 27 Section 234 - Commissioners Must Be Residents and Registered Voters . . . . . . . . . . . . . . 27 Section 235 - Election Procedures for New Commissioners . . . . . . 27 Section 236 - No Prior Acts Invalidated . . . . . 27 Section 237 - No Obligations Invalidated . . . . . 27 Article 5 - Establishing Divisions . . . . . . . . . . 29 Section 240 - Resolution Requiring Divisions . . . 29 Section 241 - Board of Supervisors Hearing . . . . 29 Section 242 - Order Establishing Divisions . . . . 29 Section 243 - Election of Commissioners by Division . . . . . . . . . . . . . . . . . . 29 legis. agm; ss/rgb:gag ii 01/29/87 DRAFT Section 244 - Creation of Division Not Affect Existing Term . . . . . . . . . . . . . . . . 30 Section 245 - Designation of Divisions . . . . . . 30 Section 246 - Relocation of Division Boundaries 30 Article 6 - Officers and Employees . . . . . . . . . . 31 Section 250 - Officers of the Board . . . . . . . 31 Section 251 - Consolidation . . . . . . . . . . . 31 Section 252 - Duties . . Section 253 - Officers of the District . . . . . . 31 Section 254 - Officers Serve at Pleasure of Board 31 Section 255 - Confirmation of Other Officers and Employees . . . . . . . . . . . . . . . . . . . 31 Section 256 - Management . . . . . . . . . . . . . 32 Section 257 - Officers' Duties . . . . . . . . . . 32 Section 258 - Meetings . . . . . . . . . . . . . . 32 Section 259 - Compensation . . . . . . . . . . . . 32 CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . . . . . 33 Article 1 - General . . . . . . . . . . . . . . . . . . 33 Section 300 - Necessary and Proper . . . . . . . . 33 Section 301 - Seal . . . . . . . . . . . . . . . 33 Section 302 - Property . . . . . . . . . . . . . . 33 Section 303 - Eminent Domain . . . . . . . . . . . 33 Section 304 - Finances . . . . . . . . 33 Section 305 - Contracts for the Performance of Services . . . . . . . . . . . . . . . 34 Section 306 - Entry on Lands . . . . . 34 Section 307 - Execution of Contracts . . . . . . . 34 Section 308 - Legal Actions . . . . . . . . . . . 34 Section 309 - Public Information . . . . . . . . . 35 Section 310 - Administrative Code . . . . . . . . 35 Section 311 - Rules and Regulations . . . . . . . 35 Section 312 - Violation of Rules and Regulations _ 36 Section 313 - Notice and Public Hearing 36 Section 314 - Violation A Misdemeanor . . . . . . 36 Section 315 - Contract With Federal Government . . 37 Section 316 - Joint Exercise of Powers . . . . . . 37 Article 2 - Extended Community Services . . . . . 38 Section 330 - Statement of Understanding . . . . . 38 Section 331 - Community Services District Act . . 38 Section 332 - Rights, Powers and Duties . . . . . 39 Section 333 - Local Agency Formation Commission Approval . . . . . . . . . . . . . . . . . . 39 CHAPTER 4 . WETLANDS CONSERVATION . . . . . . . . 40 Article 1 - State Joint Exercise of Powers with District . . . . . . . . . . . . . 40 Section 400 - Legislative Invent . . . . . . . . . 40 Section 402 - Quorum Requirements . . . . . . . . 40 Section 403 - Powers and Duties of the Authority 41 Article 2 - Abatement cf Solid Wastes . . . . . . 42 Section 420 - Abatement, Collection and Disposal 42 Section 421 -Supplemental Provisions . . . . . . 42 Section 422 - Definition . . . . . . . . . . . . . 42 legis. agm; ss/rgb:ggg iii 01/29/87 DRAFT Article 3 - Flood Control . . . . . . . . . . . . . . . 43 Section 425 - Purpose . . . . . . . . . . . . . . 43 Section 426 - Cooperation with Orange County Flood Control District . . . . . . . . . . . . . . 43 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 44 Section 500 - Navigable Ocean Entrance and Harbor Facilities . . . . . . . . . . . . . . . . . 44 Section 501 - Powers . . . . . Section 502 - Consent of Other Public Agencies . . 45 Section 503 - Lease of Property . . . . . . . . . 46 Section 504 - Establishment of Rules . . . . . . . 46 Section 505 - Franchises . . . . . . . . . . . . . 47 Section 506 - Advertising . . . . . . . . . . . . 47 Section 507 - County Department of Harbors, Beaches and Parks . . . . . . . . . . . . . . . . . . . . 47 Section 508 - Federal Funding . . . . . . . . . . 47 CHAPTER 6. WATER & SEWER FACILITIES . . . . . . . . . . . . 48 Article 1 - Water Operations . . . . . . . . . . . . . 48 Section 600 - Powers . . . . . . . . . . . . . . . 48 Section 601 - Water Storage . . . . . . . . . . . 48 Section 602 - Water Use . . . . . . . . . . . . . 48 Section, 603 - Water Sales . . . . . . . . . . . . 48 Section 604 - Water Works . . . . . . . . . . . . 48 Section 605 - Conservation . . . . . . . . . . . . 49 Section 606 - Water Delivery . . . . . . . . . . . 49 Section 607 - Restrictions on Use . . . . . . . . 49 Section 608 - Shortage and Emergency . . . . . . . 49 Section 609 - Findings, Evidence . . . . . . . . . 50 Section 610 - Misdemeanor . . . . . . . . . . . . 50 Section 611 - Rates Different Class . . . . . . . 50 Article 2 - Sewage Treatment and Reclamation . . . . . 52 Section 620 Powers . . . . . . . . . . . . . . . 52 Section 621 - Contract to Serve Inside and Outside District . . . . . . . . . . . . . . . . . . 52 Section 622 Cesspools and Septic Tanks . . . . . 52 Section 623 Improvement Districts . . . . . . . 52 Section 624 - Installation of Works, Roads, Streets and Rights-of-Way . . . . . . . . . . 53 Section 625 - Inspection . . . . . . . . . . . . . 53 Section 626 - Sale of Water Effluent and By- Products . . . . . . . . . . . . . . . . . . 54 Section 627 - Rates and Charges . . . . . . . . . 54 Sec-�ion 628 - Assessments for System . . . . . . . 54 CHAPTER 7 . FINANCIAL :PROVISIONS . . . . . . . . . . . . . . 55 Article 1 - Annual Budget . . . . . . . . . . . . . . . 55 Section 700 - Designation of Funds . . . . . . . . 55 Section 701 - Preliminary Budget . . . . . . . . . 55 Section_ 702 - Appropriations . . . . . . . . . . . 55 Section 703 - Final Budget . . . . . . . . . . . . 56 Article 2 - Administr;�-ior. of Funds . . . . . . . . . . 57 Section 710 - Transfers from General Fund, lecti s. acnn; ss/rgb:aga iv 0-/29/87 DRAFT Restriction on Transfer from Special Funds 57 Section 711 - Surplus Money . . . . . . . . . . . 57 Section 712 - Pooling . . . . . . . . . . . . . . 57 Section 713 - Investment Policy . . . . . . . . . 57 Section 714 - Deposit and Safekeeping . . . . . . 57 Article 3 - Taxes . . . . . . . . . . . . . . . . . . 59 Section 720 - Exchange of Property Taxes . . . . . 59 Section 721 - County Determination . . . . . . . . 59 Section 722 - County Refusal . . . . . . . . . . . 60 Section 723 - Special Taxes . . . . . . . . . . . 60 Section 724 - Special Taxes . . . . . . . . . . . 60 Section 725 - Special Taxes - Mello-Roos . . . . . 60 Article 4 - _Federal Repayment, Assessment . . . . . . . 62 Section 730 - Federal Cost Share Determination . . 62 Section 731 - Assessments for Deficiencies . . . . 62 Section 732 - Amount of Assessment, Notice . . . . 62 Section 733 - Zones . . . . . . . . . . . . . . . 62 Section 734 - Hearing . . . . . . . . . . . . . . 63 Section 735 - Post Hearing Procedure . . . . . . . 63 Section 736 - Restrictions After Abandonment . . . 63 Section 737 - Frequency of Assessments . . . . . . 63 Section 738 - Deposits of Assessment Revenues 64 Section 739 - Liens . . . . . . . . . . . . 64 Article 5 - Improvement and Benefit Assessments . . . 65 Section 750 - Improvement Assessments . . . . . . 65 Section 751 - Benefit Assessments . . . . . . . . 65 Section 752 - Collection by County . . . . . . . . 65 Section 753 - Liens . . . . . . . . . . . . . . . 65 Article 6 - Rates , Charges and Fees . . . . . . . . . . 66 Section 760 - Stand-by Charges . . . . . . . . . . 66 Section 761 - Water Rates . . . . . . . . . . . . 66 Section 762 - Sewer Charges . . . . . . . . . . . 66 Section 763 - Use of Water and Sewer Revenues . . 67 Section 764 - Parking Fees • . . . . . . . . . . . 67 Section 765 - " Resolution of Intention, Notice, He ar inq,. . . . . . . . . . . . . . . . . . . 67 Section 766 - Deposit of Parking Fees . . . . . . 68 Section 767 - Excess Parking Fees, Wetlands Conservation Fund . . . . . . . . . . . . . . 68 Section 768 - Wharfage Charges, Slip and Anchorage Fees . . . . . . . . . . . . . . . . . . . . 68 Section 769 - Surcharge On Wharfage, Slip and Anchorage Charges and Fees . . . . . . . . . 68 Section 770 - Revenues Fror Surcharaes to Wetlands Conservation or Federal Cost Share Fund . . . 69 Section 771 - Schedule of Charges and Fees . . . . 69 Section 772 - Time for Adoption of Schedule . . . 69 Article 7 - Transient Occunangv Taxes . . . . . . . . . 70 Section 775 - Definitions . . . . . . . . . . . . 70 Section 776 - Tax Rate Imposed . . . . . . . . . . 71 Section 777 - Transnittal of Tax To Wetlands Preservation Fund . . . . . . . . . . . . . 71 Article 8 - Shot}-Terr Bor---ow_nas . . . . . . . . . . . ' 2 Section 790 - Revenue Anticipation Notes . . . . . 72 legis. agTM, ss/rgb:ggg v 01/29/67 DRAFT Section 791 - Warrants Payable Within Five Years . 72 Section 792 - Promissory Notes . . . . . . . . . . 72 Article 9 - Bonded Indebtedness . . . . . . . . . . . . 73 Section 793 - General . . . . . . . . . . . . . . 73 Section 794 - Limitation and General Obligation Bonds . . . . . . . . . . . . . . . . . . . . 73 Section 795 - Revenue Bonds . . . . . . . . . . . 73 Section 796 - Bonds, Improvement Districts . . . . 74 Section 797 - Assessments . . . . . . . . . . . . 74 CHAPTER 8 . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . 75 Article 1 - Federal Repayment District . . . . . . . . 75 Section 800 - Purposes of District . . . . . . . . 75 Section 801 - Zones Within Federal Repayment District . . . . . Section 802 - Limitations on Alteration of Zones . 75 Article 2 - Zones of Benefit . . . . . . . . . . . . . 76 Section 810 - Establishment . . . . . . . . . . . 76 Section 811 - Resolution of Intention . . . . . . 76 Section 812 - Report on Proposed Zone . . . . . . 76 Section 813 - Circulation of Report . . . . . . . 77 Section 814 - Hearing . . . . . . . . . . . . . . 77 Section 815 - Protest Procedure . . . . . . . . . 77 Section 816 - Validity of Signatures . . . . . . . 77 Section 817 - Inclusion and Exclusion of Territory 78 Section 818 - Majority Protest . . . . . . . . . . 78 Section 619 - Effect of Majority Protest 78 Section 620 - Factors to Consider and Abandonment 79 Section 821 - Procedures to Dissolve . . . . . . . 79 Section 822 - Initiation by Petition . . . . . . . 80 Section 823 - Sufficiency of Petition . . . . . . 80 Article 3 - Improvement Districts . . . . . . . . . . . 81 Section- 830 - General . . . . . . . . . . . . . . 81 Section-831' - Rights, Powers and Duties . . . . . 81 " leais. agm; ss/rgb:aga vi 01/29/87 DRAFT CHAPTER'. 1. INTRODUCTORY PROVISIONS Article I - Legislative Findings and Declarations The Legislature hereby finds that a necessity exists along the Coastal Zone of Orange County to establish adequate legal and institutional arrangements required by the Orange County Land Use Plan for the Bolsa Chica project to restore and maintain in perpetuity certain wetlands and environmentally sensitive habitat areas identified in the Land Use Plan. In addition, a need exists to meet the standards of Federal law authorizing the construction of a navigable ocean entrance and associated waterways which are essential to the successful restoration of the wetlands and which will contribute to the public recreational opportunities in the Coastal Zone. Also, a further need exists to accommodate the requirements to construct, finance and operate under public control water and sewer facilities for the residential, commercial and recreational uses anticipated in the Bolsa Chica project. _ The Legislature further finds that it is the State's policy to encourage State and local cooperation to implement plans that result in mutually beneficial uses in the Coastal Zone and will assure orderly, balanced coastal dependent and coastal related developments. Policy guidelines previously adopted by the Legislature or enacted by the people intend that the harbors of the State should be developed to satisfy multiple interests, and that the public should have maximum access to and use of the Coastal Zone. The Legislature, therefore, declares that, subject to the leais. agm; ss/ -gb:aag 1 01/2 9;8 7 DRAF'- Coastal Act of 1976, the provisions of the Orange County Land Use Plan for the Bolsa Chica area appear to be consistent with the goals of the Coastal Act of 1976 and will result in a multiple- use coastal development which provides local, regional and State- wide benefits. The Legislature further declares that in order to implement critical elements of the Bolsa Chica Land Use Plan and coordinate the public and private interests inherent in the Plan, it is necessary to adopt an act establishing a special district with adequate authority and accountability to meet local needs and Federal standards and to assure compliance with the established coastal and harbor development policies of the State. legis. agm; ss/rab:gag 2 C-�29/87 DRAFT CHAPTER 1 . Article 2 - Boundary Description legis. agm; ss/rgb•agg 3 01/29/87 DRAFT CHAPTER 1. Article 3 - Definitions Section 100 - Effect of Definition Unless the context otherwise requires, the definitions in this Act shall govern its construction. * * * * * * * * * * * Section 101 - "Applicatior, of Definitions" The definition of a word applies to any of its variants. Section 102 - ' Board of Supervisors,, Means the Board of Supervisors of Orange County. Section 103 - "Coastal Commission" Means the state agency established under Section 30300 cf the Public Resources Code and designated as the Coastal Zone Planning and Management Agency charged with implementing the Coastal Act. Section 104 - "Commission" Means the governing board of the Bolsa Bay harbor and Conservation District. Section 105 - "Conservancvll Means a private, non-profit organization established for the purposes of implementing the objectives of Section 31000 , et seq. , of the Public Resources Code, and existing under the provisions of Section 501 (c) (3) of the United States Internal Revenue Code, which has among its principal charitable purposes the preservation of land for scientific, historic, educational, recreational, agricultural, scenic, or cpen space opportunities. Section 106 - "County" legis. agn; ss/rgb:ggg 4 C1/29/87 DRAFT Means the County of Orange, California. Section 107 - "Department of Fish and Gamell Means the state agency having authority and responsibility to protect and enhance fish and wildlife resources. Section 108 - "District" Means the Bolsa Bay Harbor and Conservation District. Section. 109 - "Federal. Fundincr" Means the contingent authorization of funds, if any, contained in the Omnibus Water Act of 1986 by the government of the United States to construct the navigable ocean entrance and appurtenances. Section 110 - "Habitat Conservation Plane Means a plan which provides for the conservation of the habitat of fish and wildlife resources as described at Section 30237 of the Public Resources Code. Sectior. 1i1 - "Harbor Facility" Means the marina basins, main and secondary navigable waterway systems, the lands underlying the marina basin(s) , main and secondary waterways, and any abutting lands used for boater oriented recreational or commercial activities, including in- water or dry storage of boats, and the parking of vehicles to accommodate the recreational or commercial activities of the harbor. Section 112 - "Holder of Title" or "Landowner" Means the owner of record of the fee title to land; provided, however, in the event the owner of record of such fee title has conveved the eauitable title to such land by way of a leais. agm; ss/rgb:ggg 5 01/29/87 DRAFT land sale contract and such contract or a memorandum thereof is recorded, "holder of title" shall mean the contract vendee thereunder and not the record owner of the fee title. Section 113 - 'Improvement Districtil Means any area within the District establisned by the Commission pursuant to any of the provisions of this Act or other applicable laws for the purpose of providing for and financing the construction, acquisition, reconstruction, maintenance, operation, extension, repair or improvement of any work or works of common benefit to the land or inhabitants within an improvement district. Section 114 - "Land" Means the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance which land is within the District, but there shall not be included in the meaning of land, improvements thereon or rights and privileges appertaining to water, minerals, oil, gas or othv-r hydrocarbon substances underlying the surface thereof. Section 115 - I'Land Use Plane Means the Bolsa Chica Land Use Plan prepared pursuant to Section 30108 . 5 of the Public Resources Code adopted by the Board of Supervisors as revised on December 18 , 1985 by Resolution No. 85-1777 and approved by the California Coastal Commission on January 8 , 1986. Section 116 - I'Lecial Representative,, Means an offical of a corporation owning land, and means a guardian, executor, or administrator of the estate of the holder legis. agm; ss/rgb:aag 6 01/29,/87 DRAFT of title to land wno: (a) Is appointed under the laws of this State, or (b) Is entitled to the possession of the estate's land, or (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Section 117 - "Local Coastal Program" Means a local government's land use plan zoning ordinances and implementing actions program which, when taken together, satisfy the requirements and implement the provisions and policies of the Coastal Act of 1976 at the local level. Section 118 - "May or Shall" "May" is permissive and "shall" is mandatory. Section 119 - "Naviggable Ocean Entrance', Means the system of navigable waterway(s) that provides for access between the Pacific Ocean and the harbor facility and may include side jetties and an off-shore sheltering breakwater. Section 120' - "State" Means the State of California and includes all bureaus, commissions, divisions, departments, boards, agencies, committees, officers, and branches thereof. Section 121 - "United Sta-�es" Means the government of the United States of America and includes all bureaus, commissions, divisions, departments, boards, agencies, committees, offices, and branches thereof. Sectior: 122 - "Visitor Serving Facilities" Means the facilities that fulfill nur,,Doses under the Coastal leais.agm; ss/rgb:aga 7 01,/2 9/8 7 DRAFT Act of serving the need for public access and recreation within the coastal zone. Section 123 - "Landowner Voter" Means a person who is a holder of title. Section 124 - "Resident Voter" Means a person who is a qualified elector and a resident of the District. Section 125 - "Wetlands Restoratior.IN Means an activity to establish, maintain, preserve and enhance wetlands especially those which have been destroyed or degraded, to a high quality, fully functioning level of biological productivity and diversity. Section 126 - ' Wetlands Restoration Plane Means a two-phase concept and implementation plan to establish, restore and preserve certain wetlands and environmentally sensitive habitat areas identified in the Bolsa Chica Land Use Plan. legis.agm; ss/rgb:ggg 8 01/29/67 DRAFT CHAPTER. 1. Article 4 - Establishment and Purposes Section 140 - Title This Act shall be known and may be cited as the Bolsa Bay Harbor and Conservation District Act. Section 141 - Establishment of District and Purposes The Bolsa Bay Harbor and Conservation District is hereby established in accordance with the provisions of this Act and is a public corporation created for the following purposes: (a) To provide an adequate institutional and legal framework to carry out and fund, implementing action programs to restore, enhance and maintain in perpetuity the wetlands and environmentally sensitive habitat areas within the coastal zone of Orange County, identified by the Bolsa Chica local coastal plan. (b) To provide a means to achieve and support objectives of the State of California through the collection and allocation o; selected public and private funds. (c) To administer and raise funds to repay the federal loan cost snare authorized by the Omnibus Water Act of 1986 and to maintain in perpetuity- the facilities, structures and appurtenances fcr the navigable ocean openings and waterways conducted with funds authorized and/or appropriated by the federal government. (d) To maintain and administer the facilities of a small craft harbor landward of the Bolsa Chica ocean entrance. leais. aam; ss/rgb:aaa 9 O1/29/87 DIRAFT (e) To provide an adequate water supply and to collect and dispose of sewage for the benefit of the lands and inhabitants of the District. (f) To administer and raise funds to construct and maintain appropriate facilities including, but not limited to, (1) dredging and land reclamation purposes ; (2) drainage and flood control purposes; (3) parks, recreation and open space land and facilities; (4, levees and channel edges; and (5) docks and appurtenances. (g) Pursuant to the limitations of Section 331 of this Act, to raise funds for and provide services including, but not limited to, (1) police and fire; (2) streets and street lighting, (3) parks and recreation; and (4) any other facility or service common to and appropriate for the health, safety and enjoyment of residents within the District. Sectiorr -142 - Limitations No provision in this division should be interpreted to limit the power or authority of any city, county or state agency with jurisdiction within the District to regulate land uses with the District in accordance with the provisions of the Coastal Act of 1976. Section 143 - District- Powers Subordinate to State Interests Pursuant to Section cf the Public Resources Code, the State is the fee owner or the lessee with provision for conveyance of fee title of certain lands ti:ithin the District. legis.acgm; ss/rgb:aag 10 01/29/87 DRAFT The provisions of this Act shall not be construed to conflict with the right of the State to carry out its public trust obligations on said land, and, in all respects, the District's powers shall be subordinate to the interests of the State with respect to lands owned or leased by the State within the District. Section 144 - State Lands Exempt From Special Taxes and Assessments State lands shall not be subject to any taxes, assessments, rates, fees or charges without its written consent. However, any enterprise function conducted on the lands owned by the State, its assignees, lessees, permitees, franchisees, or licensees shall be subject to any uniform charges or surcharges as set forth in this Act. The State lands, shall not be liable for non-payment of such fees, assessments, taxes or charges in the event of -non-payment. sectio=A; - CoIlection and Expenditure of Public Trust Revenue State lAndr, wIthin the "Di strict are public tr.0 t Land. _ Any . revenu -.. -collected by the--District- from enterprise activities conducted on the-, State -lands, . not needed to defray , normal onerating expenses related to the State or related to the narbor, shall be only allocated or spent to subserve State public trust purpose for wetlands preservation and maintenance. Section 146 - State Sovereignty Over State-Owned Lands The purpose of the District is to facilitate the coordination of the activities, programs and powers of the various Federal, State and local agencies with the harbor, leG'i s.agm; ss/rgb:ggg 17 01/29/87 DRAFT wetlands, residents and landowners in the project area. This will achieve an orderly, coordinated development that enables restoration and protection of State wetlands, construction of State and Federally-funded harbor facilities within State lands, coordination with the California Coastal Commission in conjunction with County planning, and coordination of planning, utilities and services with the City of Huntington Beach to facilitate annexation upon the occurrence of certain conditions. It is intended that the ownership by the State of lands within the project area is of primary importance and that this Act not impair the State sovereignty over its lands within the project area nor to impair the State's ability to control, operate and maintain its lands and resources. Because of the need of the State to conduct its activities in this local project area, it is the further intention of this Act to provide the State with an agency to act at the State's direction to implement its programs with the assistance of local funding resources:-- Section.1.47 - Effect on Prior Agreements No provision in this division should be interpreted to limit the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state or federal agency and a private person affecting the Bolsa Chica area. Section 148 - Severability Clause If any provision of this Act or the application of such provision to any persons or circumstances is held invalid, the remainder of this Act, or the application of such provision to legis. agm; ss/rgb:ggg 12 01/29/87 DRAFT persons other than those to which it is held invalid, shall not be affected thereby. Section 149 - Liberal Construction The provisions of this Act shall be liberally construed to effectuate its purposes. leg' s. a ,,; 13 01/29/07 DR-;,F CHAPTER 1. Article 5 - General Provisions Section 150 - Act Nothing in this Act changes or repeals any other law of this State. Section 151 - Rights, Privileges, and Immunities: Exercisable by Legal Representative The rights, privileges and immunities created or continued in force by this Act in favor of any holder of title to land may for his benefit and on his behalf be exercised by his legal representative. Section. 152 - Acknowledgement Whenever an instrument is by this Act required to be acknowledged, each signer shall acknowledge the instrument in the manner provided by law before his signature shall be effective. Section 153 - Fees Except-..as provided in Section 29142 of the Government Code, no supervisor, - auditor, Clerk nor any other officer or employee of the county shall receive any fee for any service required to be performed by him under the provisions of this Act. Section 154 - State Treasurers Fees Fees payable to the State Treasurer pursuant to this Act shall be those established by the State Treasurer pursuant to Section 20018 of the California Government Code. Section 155 - Applicability of Uniform District Election Law Elections authorized by this Act are subject tc the provisions of the Uniform District Election Lai:, Part 3 leuis. agm; ss/rab:aag 14 01/29/87 DRAFT (commencing with Section_ 235001 of Division 14 of the Elections Code. Section 156 - Changes of organization The District is a "district" as defined by Section 56036 of the Government Code. After the effective date of the establishment of the District, any proposed change of organization or reorganization for which the District is a subject agency shall be initiated, conducted and completed pursuant to Division 3 (commencing with Section 56000) of Title 5 of the Government Code. legis.agm; ss/rab:aaa 15 01/29/87 DRAFT CHAPTER 2 . INTERNAL ORGANIZATION Article 1 - General Provisions Section 200 - Governing Body The District shall be governed by a Board of Commissioners. Except as provided by Section 204 and Article 3 of this Chapter, the Board of Commissioners shall be composed of five members and shall have the qualifications and shall be elected as set forth in Article 2 of this Chapter 2 . Section 201 - Terms of Office of Commissioners The terms of Office of Commissioners elected pursuant to this Chapter shall be four (4) years. Section 202 - Time of Election Except as otherwise provided by his Chapter, elections for members of the Board of Commissioners shall be called for and held to coincide with the State-wide general election in November of each even-numbered year. Section 203 - Vacancies in Office of Commissioner All vacancies in the Office of Commissioner shall be filled as follows: (a) Vacancies for Commissioners elected pursuant to article 2 of this Chapter shall be f-lled by appointment by the remaining Commissioners or, in the absence of a majority consensus or of a quorum, by the Board of Supervisors. (b) Vacancies for Commissioners elected pursuant to Article 5 of this Chapter shall be filled pursuant to Section 1780 of the Government Code. 1eais.agm; ss/rgb:agg 16 C"--%29/87 DRAFT Section 204 - Increasing Number of Commissioners At any time after four years from the date of the formation of a district, and from time to time thereafter, but not less than 120 days before a general district election, the Commission may, by resolution, increase the number of Commissioners to serve thereon to 7 , 9 or 11 and may designate the first additional members to serve on said enlarged Board. The Commission shall determine the term of office of eact, of the new Commissioners so appointed, but in no event shall such term designated by the Board be for more than four years. The terms of office thus created shall be determined in such a manner as to keep as nearly equal as practicable the number of Commissioners to be elected at each subsequent general District election. Upon the expiration of such terms so designated by the Commission, such position shall be filled at the next general District election and general District elections held thereafter for the election of officers. leais. aam; ss/rgb:aag 17 01/29/87 DRAFT Chapter 2 . Article 2 - Election of the First Board Section 21C - Board of' Commissioners The district shall be governed by a Board of Commissioners composed of five members elected pursuant to the provisions of this Chapter. Section 211 - First Board The first District Board shall be elected at an election conducted by the Board of Supervisors within 35 days following the formation of the district, as follows: (a) Any person qualified to vote in elections conducted pursuant to Article 1 and Article 2 of this Chapter must be voters as defined by Sections 123 and 124 of this Act. (b) Nominating petitions for the position of commissicner shall be in writing and signed by voters representing at least 10 percent of the assessed value of land as shown by the last equalized assessment role. (c) No voter shall sign any more nominating petitions than there are offices to be filled. (d) If, on the 15th day prior to the date of the election called by the Board of Supervisors, only one person has been nominated for each position to be filled at that election, an election shah not be held and the Board of Supervisors shall appoint those nominated for the position of Commissioner. (e) In the event an election is held, each voter shall have legis.agm; ss/rgb:ggg 18 01/29/8 i D.RL£T one vote for each one dollar ($1. 00) in assessed valuation of land owned by the landowner. (f) A majority of the votes cast shall be required to elect a commissioner. Section 212 - Staggered Terms The first District Board of Commissioners shall classify itself by lot so two Commissioners shall hold office until the last Friday in November, 1988 and three Commissioners shall hold office until the last Friday in November, 1990 . legis. agm; ss/rab:ggg 19 01/29/87 DRAFT CHAPTER 2 . Article 3 - Elections, Voting Section 213 - Voters; Number of Votes; Assessment Roll Each voter shall have one vote for each dollar's worth of land to which he holds title. The last equalized assessment roll of the County is conclusive evidence of ownership and of the value of the land so owned. However, the Board may determine, by resolution, that the equalized assessment roll of each affected county shall be corrected to reflect, in the case of transfers of land, those persons who as of the 45th day prior to the election appear as owners on the records of the County. Section 214 - Ascertainment of Voters in District A district may, by ordinance adopted at least 90 days prior to any district election, determine that voters shall thereafter be ascertained pursuant to this Section. In such event, the County Clerk shall prepare the voter list required by Section 23527 . 5 of the Elections Code based upon the last equalized assessment roll of each affected county corrected to reflect, in the case of transfers of land, those persons who, as of the 45th day prior to the election, appear as owners on the records in the Countv Assessor's office which the Assessor will use to prepare the next ensuing Assessor's roll and which shall be conclusive evidence of ownership and of the value of land so owned. WiLere only a portion of a parcel of land has been cl-ansferred, and the assessed value thereof and of the remaining parcel are not separately stated upon the roll , estimated assessed values, therefore, shall be, made by the County Assessor legis.agm; ss/rgb:agg 20 0l/29/87 DRAFT and such estimates shall, for the proposes of this Section, be considered the value of the land. If more than one person or entity arc shown as the owners of record of a parcel of land, the County Clerk shall apportion the voting rights between the owners based upon the respective record interests in such land, and for such purpose, the County Clerk may consider such information with respect thereto as the County Clerk deems correct, proper and appropriate. Section 215 - Voting in Person or by Proxy Every voter, or his legal representative, may vote at any District election either in person or by a person duly appointed as his proxy. Section 216 - Validity of Proxy; Requirements; Revocability No appointment of a proxy shall be valid, accepted, or vote allowed thereon at any District election unless it meets all of the following requirements: (a) It_. is in writing; (b) It is executed by the person or legal representative of the person who, in accordance with the provisions of Sections 213 or 214 , is entitled to the votes for which the proxy is given; (c) It is acknowledged or certified in accordance with Section 2015.5 of the Code of Civil Procedure; (d) It specified the election at which it is to be used. An appointment of a proxy shall be used only at the election specified; and (e) It shall be on a fors as specified btu the County Clerk legis.acrm; ss/rgb:aag 21 01/29/67 DRAFT mee-Ling the above requirements. Every appointment of a proxy is revocable at the pleasure of the person executing it at any time before the person appointed as proxy shall have cast a ballot representing the votes for which the appointment was given. Section 217 - Legal Representative; Certified Copy of Authority; Presentation and Filing Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election. legis.agm; ss/rgb:agg 22 01/29/87 DRAFT CHAPTER 2. Article 4 - Alternative Method Conducting Elections Section 220 - Change to Resident Voting The voting procedure within a district shall be changed from that of a landowner voter district to that of a resident voting district at such time as the Board of Commissioners shall determine by a resolution adopted in conformity with the provisions of this Article. Section 221 - Determination of Assessable Area Between January 1 and March 30 of each year, the secretary of the district shall inspect the assessable area within the district. At such time as at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or non-agricultural commercial use, or any . combination thereof., such fact shall be certified to the Board of Commissioners by the Secretary of the District. Any time after• s, i,�certif.icatibn:,..,,.the._ resident voters registered to vote w hin -ttre;; :d.ist-:,ict °may'_:petition- 'for' a change -inn-the root rg procedure,-,.--from a --landowner voter district to a resident -voter district..- Section 222 - Petition to Change The petition shall be signed by not less than 25 resident voters of the district who represent no less than 25 percent of the total number of resident voters of the district. Section 223 - Form of Petition The petition shall be substantially in the following form: The secretary of the Bolsa - Bay Harbor and Conservation legis. agm; ss/rgb:ggg 23 01/29/87 DRAFT District, having heretofore certified to the Board of Commissioners of the District that at least 50 percent of the assessable area within the District is devoted to and developed for residential, industrial, or non-agricultural commercial use, or any combination thereof, the undersigned voters who reside within the boundaries of Bolsa Bay Harbor and Conservation: District hereby petition the Board of Commissioners thereof to hold all elections on the basis of resident voter district, rather than a landowner voter district. Date Signature Address Section 224 - Authorized Petitioners Each petition shall be signed and dated by resident voters of the district and shall show their.. residence address. Section. 22-5' - Circulator Requirements Each page .of the petition which contains the signature of one or more registered voters shall show thereon the affidavit of the circulator in the following form: The undersigned circulator of the above petition hereby declares under penalty of perjury that the circulator of this petition was over the age of 18 years, and that the signatures hereon are the signature of the person named and were signed in the presence of the circulator. legis. agm; ss/rab:ggg 24 01/29/87 DRAFT Section 226 - Time to obtain Signatures All signatures on the petition shall be obtained within the six-month period immediately preceding the filing thereof. Section 227 - Filing of Petition The petition shall be filed with the secretary of the district at least six months prior to the date of the next general district election. Attached to the petition shall be the name and address of at least one, but no more than three, persons to be notified of the results of the examination of the petition. Section 228 - verification of Petition Within 30 days of receipt by the secretary, the petition shall be transmitted to the Registrar of Voters and verified as follows: (a) The Registrar of Voters shall examine the signatures and from the records of registration ascertain whether or not the petition is signed by the requisite number of registered voters. (b) The Registrar of Voters shall attach to the petition a certificate showing the total number of valid signatures thereon, the total number of. registered voters within the district as of the date of filing the petition, and a determination as to the sufficiency of the petition. Section 229 - Supplemental Petition If the number of signatures is not sufficient, a supplemental petition, bearing additional signatures, may be filed with the secretary of the district within 10 days frog: the legis.agm; ss/rgb:ggg 25 01/29/87 DRAFT date on which the Registrar of Voters certified the results of the original petition. The supplemental petition shall be verified in the same manner as the original petition. If the signatures on the petition are still insufficient, no action shall be taken thereon. The petition shall remain on file as a public record and failure to secure sufficient signatures shall not prejudice the later filing of an entirely new petition. Section 230 - Secretary/s Certificate If the petition contains at least 25 valid signatures and if the total number of valid signatures on the petition constitutes 25 percent or more of the registered voters within the district as of the date of filing the petition, the secretary shall prepare a certificate to that effect. A copy of the certificate shall be forwarded by certified mail to each person designated to be notified of the results of the examination of the petition. Section 231 - Resolution Changing to Resident Voting At its .next regular meeting following the «preparation of the secretary's certificate, the Board of Commissioners shall adopt a resolution declaring that all future elections in the district shall be conducted as a resident voter district rather than a .landowner voter..election. Section 232 - Filing Resolution With County The Secretary of the District shall file with the county clerk a certified copy of such resolution. The Secretary shall cause a copy of the resolution to be published once a week for three successive weeks in a newspaper of general circulation - within the District. legis. agm; ss/rgb:ggg 26 01/29/87 DRAFT Section 233 - Subseciuent Elections After adoption of the resolution by the Board of Commissioners all elections within the district for elective offices, bonds, or other purposes shall be conducted under laws relating to resident voter districts and all provisions of this article shall prevail over any contrary provisions in this Act relating to landowner voter procedures. Section 234 - Commissioners Must Be Residents and Registered Voters All Commissioners thereafter elected shall be residents and qualified voters of the District at the time of their election and during their term of office. Such Commissioners need not be landowners. Section 235 - Election Procedures for New Commissioners At the first election of Commissioners following the adoption of the resolution by the Board establishing a resident voter district, the number of Commissioners to be elected shall correspond with- the number of Commissioners whose terms expire. The Commissioners whose terms have not expired shall serve their unexpired terms under the qualifications to hold office that existed prior to the adoption of the resolution establishing a resident voting district. Section 236 - No Prior Acts Invalidated The adoption of a resolution changing the method of voting shall in no way invalidate any prior acts of the district, its Commissioners, officers, or employees. Section. 237 - No Obligations Invalidated legis. agm; ss/rgb:ggg 27 01/29/87 DRAFT Any bonds, promissory notes, contracts or other obligations of the District, authorized or issued in any manner provided by law, and any proceedings taken by the district in connection therewith, prior to the adoption of the resolution changing the method of voting, shall not be affected by such resolution and the obligations shall continue to be legally authorized or issued obligations. legis. agm; ss/rgb:aaa 28 01/29/87 DRAFT CHAPTER 2 . Article 5 - Establishing Divisions Section 240 - Resolution Requiring Divisions The District may be divided into as many divisions as there are Commissioners of the District. The establishment of the divisions and the boundaries thereof shall be made by the board of supervisors, who shall make such division, if requested, by a resolution passed by a majority of the Board of Commissioners or upon a petition signed by a majority of eligible voters within the boundaries of the district. Said resolution or petition shall be filed with the board of supervisors at least 120 days before the next general district election. Section 241 - Board of supervisors Hearing Before taking action on the petition or the resolution requesting the establishment of divisions with the board of supervisors, the board of supervisors shall hold a hearing and shall hear any evidence produced to establish the validity of the petition or resolution and such further evidence as may be necessary as to divide the district into divisions. Section 242 - Order Establishina Divisions Within 10 days after said hearing, the board, if it determines that the resolution or petition is valid, shall forthwith order the establishment of divisions in the district as nearly equal in area as may be practicable and shall file a copy of said order with the Board of Commissioners of the District. Section 243 - Election of Commissioners by Division After the entry of the order establishing divisions within legis.agm; ss/rgb:ggg 29 O1/29/87 DRAFT the District, only one qualified Commissioner shall be elected from each of the divisions so established. Section 244 - Creation of Division Not Affect Existing Term The entry of the order dividing the district into divisions shall not affect the term of any Commissioner until his term expires. Section 245 - Designation of Divisions At least 88 days prior to the next general district election, the board shall designate the divisions from which Commissioners shall be elected. The number designated shall equal the number of Commissioners to be elected at that election. At the next succeeding general district election, the Commissioners shall be elected from the remaining divisions. Section 246 - Relocation of Division Boundaries - At such time as the District is established as a resident voter district and whenever thereafter sufficient change in the population occurs in the District which, in the discretion of the Board,""-makes it necessary to relocate the boundary or boundaries of any division or divisions, the Board shall, by resolution, relocate the boundary lines of the division or divisions so as to equalize, as nearly as may be practicable, the population in the respective divisions, except that no change in division boundaries shall be made within four months immediately preceding the election of any Commissioner nor shall such a change work a forfeiture of the office of any Commissioner. The relocation of boundary lines -of divisions may be made without regard to the places of residence of the Commissioners then in office. legis.agm; ss/rgb:ggg 30 01/29/87 DRAFT CHAPTER 2 . Article 6 - Officers and Employees Section 250 - Officers of the Board The officers of the Board of Commissioners shall include a president, secretary and treasurer, and may include a vice- president. Section 251 - Consolidation The Board of Commissioners may consolidate the offices of secretary and treasurer. Section 252 - Duties The duties of the officers of the Board of Commissioners and any standing committee thereof, shall be described in the administrative code of the district. Section 253 - Officers of the District The officers of the District shall include: (a) Chief executive officer; (b) Finance officer; (c) An attorney; and (d) A chief engineer. Section 254 - Officers Serve at Pleasure of Board The officers of the district shall be appointed by the board of commissioners and serve at its pleasure when such positions are required to be filled. Section 255 - Confirmation of Other Officers and Employees All other officers and employees shall be appointed by the chief executive officer in a manner prescribed by the Administrative Code of the District. legis.agm; ss/rgb:ggg 31 01/29/87 DRAFT Section 256 - Management The Board of Commissioners, except as otherwise specifically provided, shall manage and conduct the business and affairs of the District and may delegate its powers to any officer or employee of the district. Section 257 - Officers' Duties The duties, responsibilities and authority of the officers of the district shall be generally described in the administrative code of the district and shall be exercised according to the policies and standards established by the Board of Commissioners. Section 258 - Meetings All meetings of the Board of Commissioners shall be held and conducted pursuant to Chapter 9 (commencing with (54950) , Division 2 of Title 5, of the Government Code. The Commission may meet as frequently as is necessary to satisfactorily conduct the business of the District, but shall meet no less than six (6) times in any one calendar year. Section 259 - Compensation Compensation for Commissioners shall be fixed in the Administrative Code in an amount not to exceed one hundred dollars ($100. 00) per day for each days attendance at meetings of the Commission or for each day's service rendered as a Commissioner by request of the Commission, not exceeding a total of six days in any calendar month, together with the reimbursement of any expenses incurred in the performance cf duties required or authorized by the .Commission. legis. agm; ss/rgb:ggg 32 O1/29/87 DRAFT CHAPTER 3. GENERAL POWERS Article 1 - General Section 300 - Necessary and Proper The District has the power generally to perform all acts necessary or proper to carry out fully the provisions of this Act. Section 301 - Seal The Commission may adopt a seal for the District and alter it at pleasure. Section 302 - Property The District may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of, real and personal property of every kind within or outside of the District, necessary to the full or convenient exercise of its powers. Section 303 - Eminent Domain The District may exercise the power of eminent domain to acquire . or' improve any property necessary or convenient to the purposes specified in this Act. Section 304 - Finances The District may issue bonds, borrow money and incur indebtedness as authorized by the provisions of this Act or other applicable law. The District may also refund any indebtedness as provided in this Act or any other applicable law, and may also refund any indebtedness by the issuance of the same type of obligations as those refunded and following the same procedures as at that time may be applicable to the issuance of such legis.agm; ss/rgb:ggg 33 01/29/87 DRAFT obligations, and may retire any indebtedness or lien that may exist against the district or its property. Section 305 - Contracts for the Performance of Services As to any service which the District is authorized to perform pursuant to the provisions of this Act, the District may contract for the performance of such service by the county, a city, another district or any agency of the State or of the United States. Section 306 - Entry on Lands In order to carry out the provisions of this Act, the District or its authorized representatives has the right of access to, and may to the extent permitted by the laws and Constitution of the State of California, enter upon land within the District, with or without permission of the owner or owners of the land. The entry of the District or its authorized representatives does not constitute, and does not give rise to, any cause of action in favor of the owners of the land, except for injuries-r—esu-lt g= f' oirr nee Z gerrce, -want onri`ess-or-:-malice: Section 307 - Execution of Contracts The District may execute, by its president and Secretary, all contracts and other documents necessary to carry out the provisions of this Act. Section 308 - Legal Actions The District may commence and maintain any actions and proceedings to carry out its purpose or protect its interests and may defend any action or proceeding brought against it. legis.agm; ss/rgb:ggg 34 01/29/87 DRAFT Section 309 - Public Information The District may disseminate information to the public concerning the rights, properties, policies and activities of the District. Section 310 - Administrative Code The Commission shall adopt an administrative code for the District, which Code shall include, but not necessarily be limited to, the following: (a) The organization of the Board of Commissioners and the duties of its officers and committees; (b) The duties of and the extent and scope of delegation of authority to the chief executive officer of the District; (c) The rules and regulations governing employee standards, wages, benefits and general duties; (d) The rules and regulations governing the use of District property and -establishing the conditions under which the District will engage in and maintain its services; and (e) The manner in which the Commission shall meet, legislate and, generally, conduct the business of the District. Section 311 - Rules and Rectulations The Commission may establish by ordinance rules and regulations to be incorporated into the administrative code of the District, and may provide therein the conditions and circumstances under which the District shall furnish services or legis.agm; ss/rgb:ggg 35 01/29/87 DRAFT facilities to persons or lands within or outside of the District or to carry out any other provisions of this Act, including provisions for collections of fees, charges, assessments, taxes and the method of enforcement, collection and penalties for non- compliance. Section 312 - Violation of Rules and Regulations Rules and regulations may provide that the facilities or other services authorized by this Act shall not be furnished to: (1) persons who violate the rules and regulations or against whom there are delinquent water, sewer, stand-by, facility or other ` charges, or penalties or interest on any such charges, or (2) land against which there is a delinquent assessment. Section 313 - Notice and Public Hearing At least 30 days prior to establishing rules and regulations, the Commission will adopt a resolution of intention, set a date and give notice of a public hearing on the proposed ordinance establishing rules and regulations. The resolution and the notice shall generall_y._-describ'e-'-the scope and nature of the rules and regulations and indicate the penalty for violation thereof. Notice shall be provided pursuant to Section 6061 of the Government Code. Section 314 - Violation. A Misdemeanor After rules and regulations have been established and are in effect for 60 days or more, any violation thereof shall constitute a misdemeanor and a violator shall, upon conviction thereof, may be subject to a fine not to exceed that specified in the rules and regulation which have been violated. legis.agm; ss/rgb:ggg 36 01/29/87 DRAFT Section 315 - Contract With Federal Government The District may enter into agreements with the Government of the United States for purposes of accepting Federal funds to construct any improvements and facilities as described in Section 1119 of the Water Resources Development Act of 1986 and for the repayment of those funds on certain conditions as provided in Section 916 (g) of said. Act. Section 316 - Joint Exercise of Powers The District may join with the United States or any department or agency thereof, the state or any department or agency thereof, the county, a city, a district or other public or private corporation, or one or more or any other combination of the foregoing, for the purpose of carrying out any of the powers of the district, including, without limitation, provisions for the financing of acquisitions, construction, developments and operations. legis.agm; ss/rgb:ggg 37 01/2 9/8 7 DRAFT CHAPTER 3 . Article 2 - Extended Community Services Section 330 - Statement of Understanding Consistent with an existing understanding with the County of Orange and the State of California, the District shall administer and raise funds to provide facilities and services as specified in Section 141 (g) of this Act, to the extent only that other governmental agencies having jurisdiction to provide said administration, funding of facilities and/or services, refuse, fail or chose not to provide such within the territory of the District. Section 331 - Community Services District _Act In the event the Board of Commissioners makes findings that other agencies, having jurisdiction, fail or refuse or are unable to provide facilities or services pursuant to Section 141 (g) and that such services are needed, the Board may, by resolution, determine that the District shall exercise all or any portion of the powers_ authorized to be exercised by a community services district pursuant to Division 3 (commencing with Section 61000) of Title 6 of the Government Code. Findings made by the Board of Commissioners, pursuant to this Section, shall include, but may not necessarily be limited to, the following: (a) That one or more of the community services described in Section 141 (g) of this Act are needed; (b) That there are sufficient funds available or that could be made available by the exercise of authority granted legis. agm; ss/rgb:ggg 38 01/29/87 DRAFT pursuant to Chapter 7 of this Act to defray the costs of said services; (c) That the Board of Commissioners has made a reasonable effort to obtain, on behalf of the residents and property owners within the District, the provision of said services by another state or local agency; and (d) That the efforts made to obtain said services from another public agency have failed and specifying the reasons therefore. Section 332 - Rights, Powers and Duties With respect to the exercise of the powers of a community services district, the Board of Commissioners of the District shall have the same rights, powers, duties and responsibilities as the Board of Directors of a community services district. Section 333 - Local Agency Formation commission Approval Prior to the exercise of any of - the powers of a community services district, the District shall request the approval of the Local Agency Formation Commission to exercise such powers. In the event the Local Agency Formation Commission approves the request, it may condition that approval limiting the nature and scope of the powers to be exercised and may make its approval subject to any of applicable terms and conditions authorized by Section 56844 of the Government Code. legis. agm; ss/rgb:aaa 39 01/29/87 DRAFT CHAPTER 4. WETLANDS CONSERVATION Article 1 - State Joint Exercise of Powers with District Section 400 - Legislative Intent Wetlands and environmentally sensitive habitat areas should, to the fullest extent possible, be protected and preserved. In order to carry out that policy, the State Lands Commission and the State Department of Fish and Game establish and carry out programs to be implemented in such areas. It is the intent of the Legislature, through the provisions of this Chapter, to provide the ability of the State Lands Commission and the Department of Fish and Game to implement those programs and discharge those obligations through the District by the joint exercise of powers. Section 401 - Establishment of a State Joint Powers Authority The Bolsa Chica Wetlands Conservation Authority ("Conservation Authority" herein) is hereby created and shall be organized and shall exercise such powers authorized pursuant to Chapter 5 (commencing with. Section 6500) of Division 7 of Title 1 of the Government Code. The authority shall be governed by a Board of Directors appointed by the Secretary of the Resources Agency to represent the interests of the State Lands Commission and Department of Fish and Game and by the Board of Commissioners of the District to represent the interests of the District. The Board of Directors shall consist of no less than five (5) members with three (3) members appointed by the Secretary and two 2) members appointed by the District. Section 402 - Ouorum Requirements legis.agm; ss/rgb:ggg 40 01/29/87 DRAFT A quorum of no less than three (3) members shall be required for the Board of Directors to meet and conduct the business of the Authority, except that a quorum shall be deemed to exist only if no less than two members appointed by the Secretary and one member appointed by the District are in attendance. Section 403 - Powers and Duties of the Authority The Authority may annually provide for implementing action plans by establishing programs and identifying and obtaining funding from local and other sources to administer in perpetuity the Wetlands Restoration Program. legis.acrr; ss/rgb:ggg 41 01/29/87 DRAFT CHAPTER 4. Article 2 - Abatement of Solid Wastes Section 420 - Abatement, Collection and Disposal For the purposes of this Chapter, the District may acquire or lease equipment, construct appurtenances, hire personnel, or enter into contracts with private persons or other governmental agencies to abate, collect and dispose of solid wastes, the presence of which threatens or potentially threatens the public health, wildlife, or the wildlife habitats within the District. Section 421 -Supplemental Provisions The provisions of this Article are to be considered supplemental to State law and local ordinance governing 'the control and abatement of solid wastes by public health agencies. Any programs or activities undertaken by the District or any rules and regulations adopted pursuant to Section 311. The purposes of this Article shall be consistent with the policies, programs or rules and regulations of any state or local agency having:primary responsibility for the control or abatement of solid waste within or immediately adjacent to the District.. Section 422 - Definition For the purposes of this Article, "Solid Wastes" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solids, and semi-solid wastes, and other discarded solid and semi-solid wastes. leais.aam; ss/rgb:ggg 42 C1/29/87 DRAFT CHAPTER 4 . Article 3 - Flood Control Section 425 - Purpose The purpose of this Article is to provide for coordination with other governmental agencies having jurisdiction to control flood and storm waters, or run-off from irrigation, commercial and residential sources, from either within or outside of the District, that present a threat, potential threat or that would adversely affect wildlife, wildlife habitat, or ecological balance of the wetlands, or the harbors, waterways or public roads within the District. To the extent that such other agencies do not have specific jurisdiction or programs to control or manage such flood, storm or run-off waters, the District shall have the authority to control and manage such waters. Section 426 Cooperation with Orange County Flood Control District In carrying out the provisions of this Article, the District shall cooperate with and comply with the ordinances, policies "or rules and regulations of the Orange County Flood Control District. legis. agm; ss/rgb:ggg �3 01/29/87 DRAFT CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS Section 500 - Navicfabl.e Ocean Entrance and Harbor Facilities The Bolsa Chica Land Use Plan includes a navigable ocean entrance and related harbor facilities within the District's jurisdiction. It is anticipated that these facilities or portions thereof will be constructed under a program designed in accordance with the provisions and policies of the Water Resources Development Act of 1986. In the event such facilities are constructed, the District may enter into agreements or contracts to operate, maintain, construct or develop all or any portion of these facilities with any federal, State, County, city, district agency or any combination of the foregoing, having jurisdiction over or authority to manage said ocean entrance harbor facilities. Section 501 - Powers The District may acquire, construct, reconstruct, improve, repair, develop, maintain and operate, a harbor and all facilities appurtenant thereto, connected therewith or incidental thereto, including without limiting the generality of the foregoing, the following: (a) The acquisition, reconstruction, repair and maintenance of vehicle parking areas, landscaping, appurtenant utilities, bulkheads, seawalls, wharves, docks, ways, ferry slips, warehouses, streets, roads, drives, parkways, avenues, approaches, marinas, aquatic playgrounds, beach parks, bathing beaches and other recreation facilities, together with structures and legis. agm; ss/rgb:ggg 44 O1/29/87 DRAFT' facilities incidental thereto. (b) The acquisition, construction, reconstruction, repair, maintenance, operation, development and regulation of fueling, loading and unloading, towing, repair, warehousing, shipping and reshipping, and other facilities, aids, equipment or property necessary for or incidental to the development and operation of the harbor. (c) The acquisition, construction, reconstruction, repair, maintenance and operation of fire protection apparatus, sanitary, and other facilities necessary for the proper protection of the harbor. Section. 502 - Consent of Other Public Agencies Any County, city and county, city, or other political subdivision or agency of the State, in this Section referred to as "public agency" , which has been invested by grant from the State with the ownership, possession, control or management of tidelands and submerged lands or any other lands lying under, washed by or abutting the Pacific Ocean, or inland waters of the State, including the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits, may with the prior written consent of the State Lands Commission, agree in writing that any district formed pursuant to this part shall, for the term stated in the writing, have all or any right, title and interests of any such public agency and exercise all or any jurisdiction of any such public agency in the lands over the lands or any portion thereof. legis.agm; ss/rab:ggg 45 01/29/87 DRAFT Section 503 - Lease of Property The District may lease any property, whether real or personal, and any interest therein to, of and from any person, firm or public or private corporation, or public agency with the privilege of purchasing or otherwise. Section 504 - Establishment of Rules Any rules and regulations established by the Commission for the use of harbor facilities and navigable ocean entrance may include, but not necessarily be limited to, the following: (a) The regulation of anchoring, mooring, towing, wharfage and dockage of vessels and the establishment and collection of rates, fees and charges therefor. (b) The establishment and collection of rates, fees and charges for service from or use of any of the facilities owned, controlled, furnished or operated by the District. (c) The supervision of pilots and the pilotage of all vessels. . within the harbor facilities and navigable ocean entrance and the establishment and collection of fees and charges therefor. (d) The regulation of the construction of wharves, docks, buildings and improvements of all types on property owned or controlled by the District. (e) The issuance of licenses and permits for privileges to be exercised in and about the harbor facilities and navigable ocean entrance upon equal terms and the establishment and collection of rates, fees and charges leais.agm; ss/rgb:ggg 46 01/29/87 DRAFT therefor. Section 505 - Franchises The District may sell and issue franchises relating to the harbor facilities and navigable ocean entrance and its works, appurtenances, properties and rights in accordance with such procedure as may be prescribed by ordinance. Section 506 - Advertising The District may advertise its advantages and solicit business within or without the District, within other states or any foreign countries through such employees or agents as are expedient. Section. 507 - County Department of Harbors, Beaches and Parks For the purpose of carrying out fully the provisions of this Chapter, the District may enter into agreement with the County Department of Harbors, Beaches and Parks for the operations and maintenance of any of the facilities acquired, constructed or within -the jurisdiction of the District pursuant to this Article. Section 508 - Federal Funding All or a portion of the harbor facilities and the navigable ocean entrance may be constructed by funds provided by the Federal government pursuant to the Water Resources Development Act of 1986. legis.agm; ss/rgb:ggg 47 01/29/87 DRAFT CHAPTER 6. WATER & SEWER FACILITIES Article 1 - Water Operations Section 600 - Powers The District may acquire, control, distribute, spread, sink, treat, purify, reclaim, recapture, and salvage any water, including sewage and storm waters, for the beneficial use or uses of the District, its inhabitants, or the owners of rights to water in the District. Section 601 - Water Storage The District may store water for the benefit of the District, store water for future use, and if appropriate, acquire and conserve water and water rights for any useful purpose. Section 602 - Water Use The District may operate water rights, works or property useful or necessary to convey, supply, store or make use of water for any purpose authorized by this Act. Section 603 - Water Sales The District may sell water under its control, without preference, to other public corporations, agencies or persons within the District, for use within the District. As used in this Article, the term "water" means potable water and non- potable water. Section 604 - Water Works The District may acquire, plan, construct, maintain, improve, operate and keep in repair the necessary works for the production, storage, transmission and distribution of water for irrigation, domestic, industrial and. municipal purposes. legis.agm; ss/rgb:ggg 48 01/29/87 DRAFT Section 605 - Conservation The District may undertake a water conservation program, including the development and distribution of informational material, to reduce water use and may require, as a condition of a new service, that reasonable water saving devices and water reclamation devices be installed to reduce water use. Section 606 - Water Delivery The District may supply and deliver water to property not subject to general ad valorem taxes or district assessments or charges at special rages, terms and conditions, as are determined by the Commission for such service. Section. 607 - Restrictions on Use The District may restrict the use of District water during an emergency caused by drought, or other threatened or existing water shortage, and may prohibit the wasting of District water or the use of District water during such periods for any purpose other than household uses or such other restricted uses as the District-'- determines to be necessary. The District may also prohibit use of District water during such periods for specific uses which the Commission finds to be non-essential. Section 608 - Shortage and Emergency A finding by the Commission upon the existence, threat, or duration of an emergency or shortage, or upon the matter of necessity or of any other matter or condition referred to in Section 607, shall be made by resolution or ordinance. The finding is prima facie evidence of the fact or matter so found, and such fact or matter shall be presumed to continue unchanged legis.agm; ss/rgb:aag 49 01/29/87 DRAFT unless and until a contrary finding is made by the Commission by resolution or ordinance. Section 609 - Findings, Evidence A finding made by the Commission pursuant to Section 608 shall be received in evidence in any civil or criminal proceeding in which it may be offered, and shall be proof and evidence of the fact or matter found until rebutted or overcome by other sufficient evidence received in such proceeding. A copy of any resolution or ordinance setting forth such finding shall, when certified by the Secretary of the District, be evidence that the finding was made by the Commission as shown by the resolution or ordinance and certification. Section 610 - Misdemeanor From and after the publication or posting of any ordinance pursuant to this Article, and until the ordinance has been repealed or the emergency or threatened emergency has ceased, it shall be a misdemeanor for any person to use or apply water received from the District contrary to or in violation of any restriction or prohibition specified in the ordinance. Upon conviction thereof, such person may be punished by imprisonment in the county jail for not more than 30 days, or by fine not exceeding six hundred dollars ($600. 00) , or by both. Section 611 - Rates Different Class Any water rate fixed pursuant to Section 761, and in accordance with the terms and conditions of annexation to the District or to any zone or improvement district within the District, shall be deemed to be the rate for a different class or legis.acrm; ss/rgb:ggg 50 01/29/87 DRAFT condition of service. legis. agm; ss/rgb:agg 51 01/29/87 DRAFT CHAPTER 6. Article 2 - Sewage Treatment and Reclamation Section 620 - Powers The District may acquire, construct, operate and furnish facilities and services for the collection, transportation, treatment and disposal or reclamation and reuse of sewage, waste and storm waters. Section 621 - Contract. to Serve Inside and Outside District The District may contract with any other person for the use of facilities to collect, transport and treat wastewater or to provide such services inside or outside of the District, except that before the District may provide such services within the boundaries of another public agency which has the same or similar powers, it shall secure the consent of the governing body of such other agency. Section 622 - Cesspools and Septic Tanks Upon providing a sewer collection system in any area of the District, the Commission may declare the further maintenance or use of cesspools, septic tanks or other local means of sewage disposal in such area to be a public nuisance and may require all buildings used by human beings to be connected with the sewer system within such period as may be prescribed by the Commission, provided that such buildings are within 150 feet of the system. Section 623 - Improvement Districts The District may, exercise the powers authorized by this Article within any specified area of the District, providing, however, that any such area be organized into a designated legis.agm; ss/rgb:aaa 52 01/29/67 DRAFT r improvement district established pursuant to any of the provisions of this Act or annexed to an existing improvement district. Section 624 - Installation of Works, Roads, Streets and Rights- of-Way The District may construct its sewers and drains in public streets or roads and in its rights-of-way and for this purpose enter upon it and make all necessary and proper excavations, restoring it to proper condition. The work of restoring and repairing any public street in the County shall be done under the supervision of the County Department of Public Works at the cost to the District and in accordance with the standards established by the Board of Supervisors for entering upon County maintained roads for this purpose.. Section 625 - Inspection Within the territory of any improvement district established to carry out the powers of this Article, the District may enter upon private property for the -purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any rule or regulation is found to exist. Prior to the termination of service, however, the District shall notify the owner and tenant, if any, of such property that service is intended to be terminated. Such notice shall be delivered to the property owner by certified mail at least 15 days prior to the date of termination of service and be posted conspicuously on the property or hand-delivered to the tenant. legis.agm; ss/rgb:ggg 53 01/29/87 DRAFT Section 626 - Sale of 'Water Effluent and By-Products The District may sell or dispose of any water treated effluent, fertilizer or other by-product within its boundaries resulting from the operations of its sewage systems, treatment plants or other works, by sale and reuse for irrigation purposes or by discharge upon land in a manner consistent with the requirements and regulations of the Regional Water Quality Control Board and the County and State health departments. section 627 - Rates and Charges The District may establish rates and charges for the reuse of reclaimed water, providing that the amounts of such rates or charges do not exceed the actual cost of collecting, transporting and treating such water. The amount charged, however, may be less than such cost if the Commission finds that the reuse of reclaimed water will result in the conservation, protection or replenishment of groundwater, surface or imported water supplies. Section 628 - Assessments for System , The District may require any resident or property owner who. . desires to have any structure connected to a district-owned or . operated sewer system to pay a proportionate share of the cost of such system in the event the property upon which the structure is located had not been assessed for i-s share of the cost of the acquisition, construction or installation of the sewer system or the landowner had failed to pay the assessment. legis.agm; ss/rgb:ggg 54 01/29/87 DRAFT CHAPTER 7 . FINANCIAL PROVISIONS Article 1 - Annual Budget Section 700 - Designation of Funds The Commission shall annually provide for the appropriation of monies for the use of the following funds: (a) A general fund which shall consist of money received by the District and not specifically appropriated to any other fund and may be allocated for the operations and maintenance of District facilities or services not specifically supported by any other fund. (b) A wetlands conservation fund which shall consist of money received from revenues specifically allocated for the purposes of Chapter 4 of this Act. (c) A federal cost share fund which shall consist of money received from revenues specifically allocated for the purposes of Chapter 5 of this Act. (d) A bond redemption fund which shall consist of money received from revenues specifically allocated for the payment of interest and principal on any outstanding bonds of the District. Section 701 - Preliminary Budget On or before June 15 of each year, the Commission shall adopt a preliminary budget which shall conform to the accounting procedures for special districts and the budgeting procedures for special districts (commencing with Section 1031. 1 and Section 1121, respectively) , of the California Administrative Code. Section 702 - Appropriations legis.agm; ss/rgb:ggg 55 01/29/87 DRAFT The preliminary budget shall provide appropriations from the general fund, the wetlands conservation fund, the annual Conservation Authority conservation plan, the federal cost share fund and the redemption of any long or short-term debts of the District. Section 703 - Final Budget By September l5th of each year, the Commission shall adopt the final budget. Copies of the final budget shall be forwarded to the Conservation Authority and Department of Fish and Game. leais.agm; ss/rab•gga 56 0l/29/87 DRAFT CHAPTER 7 . Article 2 - Administration of Funds Section 710 Transfers from General Fund, Restriction on Transfer from Special Funds The Commission may establish and transfer money from the general fund to any other funds it deems necessary to carry out the provisions of this Act and allocate revenues to such funds in lieu of allocating them to the general fund. No revenues specifically allocated to the funds described in Subsections (b) , (c) or (d) of Section 700 may be transferred or allocated to any other fund. Section 711 - Surplus Money The Commission may, pursuant to Section 53653 of the Government Code, invest surplus money available from any fund and may pool money from two or more funds for investment purposes. Section 712 - Pooling In the event the Commission pools and invests money from separate . funds, a portion of the earnings received from investment shall be allocated to each fund in proportion to the amount contributed from each fund to the investment pool. Section 713 - Investment Policy The Treasurer shall, pursuant to Section 53646 of the Government Code, annually render to the Commission a statement of investment policy and shall provide a detailed montr�ly report on all investments, including the types of investments, the rate of earnings of each, and the distribution of investment earnings. Section 714 - Deposit and Safekeeping legis.agm; ss/rgb:ggg 57 Qi/29/87 DRAFT All money in custody of the District not otherwise invested shall be deposited for safekeeping pursuant to Section 53635 of the Government Code. legis.agm; ss/rgb:agg 58 01/29/87 DRAFT CHAPTER 7 . Article 3 - Taxes Section 720 - Exchange of Property Taxes No sooner than 36 months after the effective date of this Act, the Commission may adopt a resolution requesting the Board of Supervisors to negotiate on the District's behalf for an exchange of property taxes with other local agencies in the area of the District. The resolution shall describe the nature and extent of the new service or services which the District provides or intends to provide. For the purposes of negotiating for an exchange of property taxes, Section 99 . 1 of the Revenue & Taxation Code shall apply. Section 721 - Countv Determination Upon receipt of the resolution adopted by the Commission, the Board of Supervisors may (a) as soon as practical hereafter, enter into negotiations with other local agencies in the area of the District receiving an apportionment of property taxes, or (b) may immediately thereafter notify the District that it refuses to enter into negotiations as requested by the Commission's resolution, for one of the following reasons: (1) The amount of revenues derived from the annual tax increment generated in the area do not exceed the cost of services supported by property tax revenues apportioned to other local agencies within the area; (2) The type of service or services proposed to be provided by the District and supported with property tax - revenues are not of general benefit to all of the lands leais. agm; ss/rgb:ggg 59 01/29/87 DRAFT or inhabitants of the District; or (3) The District is authorized by the provision of this Act to derive sufficient revenues from assessments, charges or fees to adequately bear the cost of providing the service or services proposed to be supported by an apportionment of property tax revenues. For the purposes of this Section, any special taxes levied by the District pursuant to Sections 723 , 724 or 725 of this Article shall not be included in the estimate of revenues available to the District. Section 722 - County Refusal In the event the Board of Supervisors refuses to negotiate a property tax exchange on behalf of the District, the Commission may adopt a similar resolution of request each year, but no sooner than one year after first receiving notice that the Board of Supervisors has refused to negotiate on behalf of the District. Section 723 - Special Taxes The District may levy a special tax pursuant to Article 3 . 5 (Commencing with Section 50075) of Chapter 1, of part 1, of Division 1, of Title 5, of the Government Code. Section 724 - Special Taxes The District may levy a special tax pursuant to Article 16 (commencing with Section 53970) of Chapter 4 , Part 1, Division 2 , of Title 5, of the Government Code. Section 725 - Special Taxes - Mello-Roos The District may levy a special tax pursuant to the Mello- legis.agm; ss/rab:agg 60 01/29/67 DRAFT Roos Community Facilities Act of 1982 , Chapter 2 . 5 (commencing with Section 53311) of Part 1, Division .? , of Title 5 of the Government Code. legis.agm, ss/rgb:aag 61 01/29/87 DRAFT CHAPTER 7 . Article 4 - Federal Repayment, Assessment Section 730 - Federal Cost Share Determination Prior to the adoption of the preliminary budget each year, the chief executive officer shall prepare a report estimating the amount of money needed for the purposes of the federal cost share fund. Section 731 - Assessments for Deficiencies In the event the Commission determines that the money available in the federal cost share fund is insufficient to meet the amount estimated by the chief executive officer, the Commission shall adopt a resolution of intention to levy an assessment within the Federal repayment district established pursuant to Section 800. Section 732 - Amount of Assessment Notice The resolution of intention shall specify the amount of money needed to be raised by assessment and establish a date, place and time for a public -hearing. Notice of the hearing shall be published pursuant to Section 6066 of the Government Code and specify a place and time where the resolution and report of the chief executive officer may be seen by interested persons. Section 733 - Zones Prior to the hearing, the Commission shall determine the need to establish a zone or zones within the Federal Repayment District. Each zone for which an assessment shall be levied shall be established pursuant to Article 2 of Chapter 8 of this Act and referred to as a participating zone. The Commission legis.agm; ss/rgb:gag 62 01/29/87 DRAFT shall determine the proportional amount of the total assessment that shall be borne by each participating zone based upon the benefits derived by the respective zones. It is declared that for the purposes of any assessment levied under this Article, the property so assessed within a given zone is equally benefitted. Section 734 - Hearing At the time and place fixed for the hearing, or at any time to which the hearing may be continued, the Commission shall consider all written or oral objections to the proposed assessments. During the course of the hearing, the Commission may establish new or exclude established zones from participation, may change the boundaries of zones or may reduce or increase the amounts to be assessed within each zone. Section 735 - Post Hearing Procedure At the conclusion of the hearing, the Commission may abandon the levy of the proposed assessments or approve them as originally.- proposed or as amended during the course of the hearing. Section 736 - Restrictions After Abandonment If the Commission abandons the levy of the proposed assessments, no further proceedings related to assessments for the federal cost share fund may be undertaker for a period of not less than 6 months, following the conclusion of the hearing. Section 737 - Frequency of Assessments If the Commission approves the levy of assessments, no additional assessments related to the federal cost share fund may : be implemented for a period of not less than one year following legis. agm; ss/rgb:ggg 63 01/29/87 DRAFT the effective date of the levy of the first assessment. (new) Section 738 - Deposits of Assessment Revenues Revenues generated through assessments levied pursuant to this Article 4 shall be deposited into the federal cost share fund and shall be used for the purposes for which said fund is established. Section 739 - Liens Assessments levied pursuant to this Article shall be a lien on all the property benefited thereby. Liens for said assessments shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means provided for in the enforcement of liens for State and County taxes. legis.agm; ss/rgb:ggg 64 01/29/87 DRAFT CHAPTER 7 . Article 5 - Improvement and Benefit Assessments Section 750 - Improvement Assessments The District may levy assessments to finance capital improvements pursuant to the Improvement District Act of 1911, Division 7 (commencing with Section 5000) , the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) and the Municipal Improvement Act of 1913 , Division 12 (commencing with Section 10000) of the Streets and Highways Code. Section 751 - Benefit Assessments The District may levy benefit assessment pursuant to the Benefit Assessment Act of 1982 , Chapter 6. 1 (commencing with Section 54700) , of Part 1, Division 2 , of Title 5 of the Government Code. Section 752 - Collection by County All County officers charged with the duty of collecting taxes -shall collect, upon request of the Board of Commissioners, District assessments levied pursuant to this Chapter with the general County taxes with the same penalties and interest, and when collected, shall be paid to the District. Section 753 - Liens Assessments levied pursuant to this Article 4 shall be a lien on all of the property benefitted thereby. Liens for said assessments shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for in the enforcement of liens for State and County taxes. legis.agm; ss/rgb:ggg 65 01/29/87 DRAFT CHAPTER 7 . Article 6 - Rates, Chartres and Fees Section. 760 - Stand-bar Charges The District may, in lieu, in whole, or in part, of raising money for District purposes by assessment, make water available to the holders of title of land or the occupants thereon, and may fix and collect charges therefor. The charges may include stand- by charges to landowners to which water may be made available, whether the water is actually used or not. The charges may vary in different months and different localities of the District to correspond to the cost and value of the service, and the district may use so much of the proceeds of the charges as may be needed to defray the ordinary operation or maintenance expenses of the District and for any other lawful District purpose. Section 761 - Water Rates The Commission may prescribe, revise and collect, the rates at which water shall be sold. Different rates may be established for different classes or conditions of service, but rates shall be uniform throughout the District for like classes or conditions of service. Section 762 - Sewer Chartres The Commission may prescribe, revise and collect, charges for the collection, treatment and disposal of sewage. The Commission may provide that such charges may be collected with the water rates of the District and that all rates and charges may be billed upon the same bill and collected as one item, and that in the event of failure to pay the whole or any part iegis.agm; ss;rgb:ggg 66 01/29/87 DRAFT thereof, the District may discontinue any and all service for which such bill is rendered, but this provision shall not be construed to prohibit the collection of rates or charges by the District in any other lawful manner. Section 763 - Use of Water and Sewer Revenues The Commission, so far as practicable, shall fix rates for water and charges for sewer services, as will result in revenues which will: (a) Pay the operating expenses of the District. (b) Provide for repairs and depreciation of works. . (c) Provide a reasonable surplus for improvements, enlargements, extensions and replacements. (d) Pay the interest and principal on any bonded debt. Section 764 - Parkina Fees The Commission may fix, regulate, collect rentals, fees or charges for the parking of-vehicles in parking areas under the District's control, and may provide rates for- different -classes - of customers or users. Section 765 - Resolution of Intention, Notice, Hearing Prior to fixing or amending fees or charges for the parking of vehicles, the Commission shall adopt a resolution of intention to do so, which resolution shall establish a date, time and place for public hearing no sooner than 30 days after adoption of the resolution of intention. Notice of the hearing shall be provided pursuant to Section 6061 of the Government Code at least 15 days prior to the hearing. A place and time shall be established for any legis. agm; ss/rgb:ggg 67 01/29/87 DRAFT interested person to review the proposed fees or charges the Commission intends to fix. Section 766 - Deposit of Parking Fees The proceeds of the fees and charges for the parking of vehicles shall be placed in the District's general fund and expended for the maintenance, operation, repair and improvement of parking places under control of the Commission. Section 767 - Excess Parking Fees, Wetlands Conservation Fund At the end of each fiscal year, the Commission shall direct the District's finance officer to determine if the proceeds of parking fees and charges were in excess of the costs of normal operations, maintenance, repairs. In the evert the finance officer determines an excess exists, the Commission shall- transfer the amount of the excess from the general funds to the wetlands conservation fund to be used thereafter for the purposes and duties of the District as provided in' Chapter 4 of this Act. Section 768 - Wharfage Charges, Slip and Anchorage Fees The Commission may fix ..and .alter rates of wharfage charges, slip fees, anchorage fees and other charges for the use or right of use of any facilities constructed, owned by or under the control of the District, pursuant to this Act. Section 769 - Surcharge on Wharfage, Slip and Anchorage Charges and Fees The Commission may establish an annual surcharge in addition to charges and fees authorized by Section 768 , for use of District owned facilities, whe-her or no- such facilities are under control of the District, a lessee or another governmental legis.agm; ss/rgb:ggg 68 01/29/87 DRAFT agency. Section 770 - Revenues From Surcharges to Wetlands Conservation or Federal Cost Share Fund Proceeds from surcharges collected pursuant to Section 769 shall be deposited in the wetlands conservation fund or the federal cost share fund for uses for which such funds are established by this Act. The commission shall determine annually the disposition of the proceeds of surcharges prior to the adoption of the annual budget. Section 771 - Schedule of Charges and Fees The Commission may establish a schedule of charges or fees, pursuant to and for any purpose permitted by Chapter 13 (commencing with Section 54990) , Division 22 , Title 5, of the Government Code. Section 772 - Time for Adoption of Schedule The schedule for charges and fees shall be adopted or amended annually prior to the adoption of the annual budget and shall be subject to consideration at the time of the hearing set for the consideration of the annual budget. legis.agm; ss/rgb:ggg 69 01/29/67 DRAFT CHAPTER 7 . Article 7 - Transient Occupancy Taxes section 775 - Definitions The following terms as used in this article shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: (a) Person shall mean any individual, firm, partnership, association, corporation, or any other group acting as a unit. (b) Hotel shall mean any structure which is occupied or intended for occupancy by transients for temporary dwelling purposes, and includes any inn, tourist home or house, motel, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location. (c) Occupancy shall mean the use or possession, or the right to the use or possession, of any room or rooms, or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (d) Transient shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less. (e) Rent shall mean the consideration charged for the occupancy of space in a hotel. (f) Operator shall mean the person who is proprietor of the legis.agm; ss/rgb:ggg 70 01/29/87 DRAFT hotel. (g) Tax Administrator shall mean the Secretary of the District. Section 776 - Tax Rate Imposed For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of one-half of one percent ( .5%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the District. The District may provide a method by which the tax is levied and paid to the District. The tax shall apply only to lodging facilities within the boundaries of the District which abut or are adjacent to and are, in the discretion of the Commission, an integral part of the marina or harbor's recreational and commercial facilities. Section 777 - Transmittal of Tax To Wetlands Preservation Fund All proceeds from the levy and collection of occupancy taxes shall be deposited in the wetlands preservation fund and shall be used thereafter for the purposes and duties of the District pursuant to Chapter 4 of this Act. legis.actm; ss/rgb:ggg 71 01/29/87 DRAFT CHAPTER 7 . Article 8 - Short-Term Borrowings Section 790 - Revenue Anticipation Notes If money is needed for the immediate requirements of the District in any fiscal year to pay obligations lawfully incurred and before receipt of revenues for the fiscal year is sufficient to meet payments, money may be borrowed pursuant to Article 7 (commencing with Section 53820) , Chapter 4 , Part 1, Division 2 , of Title 5, of the Government Code. Section 791 - Warrants; Payable Within Five Years The District may borrow money and incur indebtedness pursuant to the procedures and limitations cf Chapter 4 .5 (commencing with Section 36400) , Part 6, of Division 13 , of the Water Code. The Commission shall have, with respect to incurring indebtedness pursuant to said Chapter 4 . 5, the same rights, power, duties and .responsibilities as the Board of Directors of a California Water District. Section' 792 - Promissory Notes The District may issue negotiable promissory notes pursuant to Sections 71810-71812 , of Chapter 2 , Part 6, of Division 20, of the Water Code. The Commission shall have, with respect to issuing promissory notes pursuant to said Sections 71810-71812 , the same rights, powers, duties and responsibilities as the Board of Directors of a Municipal Water District. legis.agm; ss/rgb:aag 72 01/29/87 DRAFT CHAPTER 7 . Article 9 - Bonded Indebtedness Section 793 - General For the purpose of issuing bonds, the District may exercise the authority and be subject to the provisions and limitations of Chapter 2 (commencing with Section 35950) , Part 6 of Division 13 , of the Water Code. The Commission shall have, with respect to the issuance of bonds, the same rights, powers, duties and responsibilities as the Board of Directors of a California Water District. Section 794 - Limitation and General Obligation Bonds For the purpose of issuing general obligation bonds, the District shall be subject to the authorization, limitation and procedures of Chapter 3 (commencing with Section 36150) , or Chapter 3 .5 (commencing with Section 36250) , Part 6 of Division 13 , of the Water Code. . The Commission shall have, with respect to the ''• issuance, sale, redemption and other miscellaneous provisions 'pertaining to the administration of general obligation bonds provided in said Chapter 3 or Chapter 3 . 5, the same rights, powers, duties and responsibilities of the Board of Directors of a California Water District. Section 795 - Revenue Bonds For the purpose of issuing revenue bonds, the District shall be subject to the provisions, procedures and limitations of Chapter 4 (Commencing with Sections 36300) , Part 6 of Division 13 , of the Water Code. The Comr.ission shall have, with respect to the issuance, sale and administration of revenue bonds and legis.agm; ss/rgb:ggg 73 01/29/87 DRAFT other miscellaneous provisions of said Chapter 4 , the same rights, powers, duties and responsibilities of the Board of Directors of a California Water District. Section 796 - Bonds, Improvement Districts Improvement districts consisting of contiguous or non- contiguous portions of the territory of the District may be formed and bonds and warrants of the District may be issued for such improvements districts pursuant to Chapter 4 . 9 (commencing with Section 36410) , Chapter 5 (commencing with Section 36450) , and Chapter 6 (commencing with Section 36455) , Part 6 of Division 13 , of the Water Code. The Commission shall have, with respect to the formation of improvement districts and the issuance of bonds therefor, the same rights, powers, duties and responsibilities of the Board of Directors of a California Water District. Section 797 - Assessments For the purpose of the levy and collection of assessments and other provisions of law related thereto, the District shall be subject to the provisions, proceedings and limitations of Part 7 (commencing with Section 36550) of Division 13 , of the Water Code. The Commission shall have, with respect to assessments, the same rights, powers, duties and responsibilities of the Board of Directors of a California Water District. legis. agm; ss/rab:aag 74 01/29/87 DRAFT CHAPTER S. FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS Article 1 - Federal Repayment District section Boo - Purposes of District In the event the Distict shall enter into an agreement to obtain funds to construct the navigable ocean entrance and related facilities pursuant to Section 500, it may establish a federal repayment district within all or a portion of the District as agreed to by the parties to the agreement. Such district shall consist of lands that will generate revenues from any source, which revenues shall be allocated for deposit in the Federal cost share fund and used for the purposes for which said fund is established by the applicable provisions of the Act. Section. 801 - Zones Within Federal Repayment District- The federal repayment district may consist of separate zones of benefit established pursuant to Article 2 of this Chapter. The types and levels of assessments or charges levied wiihin each zone shall be, as near as is practical, related to the benefits received within each zone. The type and level of assessment or charge shall be uniform within_ each zone. Section .802 - Limitations on Alteration of Zones Zones of benefit formed for the purposes of this Article shall be established, altered or dissolved as provided in Article 2 of this Chapter, except that no zone established as provided herein shall be altered or dissolved so as to impede or hinder the District from fulfilling its obligations or responsibilities as a party to any agreement entered into pursuant to Section 500. legis.agm; ss/rgb:ggg 75 O1/29/87 DRAFT CHAPTER S. Article 2 - Zones of Benefit Section 810 - Establishment The District may establish zones of benefit to include any portion of the territory of the District. Such zones may be established, providing the District makes the following findings: (a) The land or inhabitants within the zone will receive special benefit from the services or programs provided within the zone or that special circumstances require the District to extend a service or a higher level of service to the area of the zone than that which is required in other portions of the District; or (b) The land or inhabitants of the zone may be subject to additional charges or assessments for the services or programs extended to the zone or for services which are provided at a higher level than in other areas of the District. Section 811 - Resolution of .Intention Upon making findings pursuant to Section 810 of this Chapter, the District may adopt a resolution of intention to form a zone and to set a date, time and place for hearing on said resolution. Notice of hearing shall be provided pursuant to Section 6066 of the Government Code. Section 812 - Report on Proposed Zone Prior to the adoption of a resolution of intention, the District will direct the chief executive office to prepare a report describing the area recommended for inclusion in the zone, legis.agm; ss/rgb:agg 76 01/29/87 DR—= the programs, improvements or services to be undertaken, and an estimate of the amount of cost thereof. The report shall include an analysis of the method or alternative methods by which funds shall be provided for such programs, improvements or services, and the amount to be borne by each of the inhabitants and/or landowners within the zone. Section 813 - Circulation of Report Upon acceptance of the chief executive officer's report and adoption of the resolution of intention, copies of the report shall be made available to any resident or property owner within the proposed zone and to any other person upon written request. Section 814 - Hearing No sooner than 35 days nor later than 70 days after the adoption of the resolution of intention, the District shall hold a hearing and consider protests to the formation of the zone. Any time prior to the conclusion of the hearing, any resident voter -�or landowners within the District may file a written protest or withdraw a protest previously -filed. Section 815 - Protest Procedure A protest by a resident voter shall contain his/her signature and an address sufficient to enable the place of residence to be ascertained. A protest by a landowner shall contain his/her signature and a description of the land owned sufficient to identify same. A public agency owning land within the zone shall be deemed a landowner for the purpose of making a written protest. Section 816 - Validity of Signatures , legis. aam; ss/rgb:ggg 77 01/29/87 DRAFT For protests signed by a resident voter, the Secretary of the District shall compare the names of the signers against the list of registered voters in the office of the County Registrar of Voters. For protests signed by landowners, the Secretary of the District shall compare the names and property descriptions on the protest against the property ownership records of the County Assessor. Section 817 - Inclusion and Exclusion of Territory At any time prior to the conclusion of the hearing, the District include more to or exclude territory from the proposed zone. In the event more territory is included, the District will continue the hearing for a period of time sufficient for residents or owners of land within the added territory to file protests as provided in Section 814 of this Chapter. Section S18 - Majority Protest A majority protest shall be deemed to exist if the District shall find that protests filed and not withdrawn prior to the conclusion- of the second hearing represents: (a) More than 50 percent of the voting power of the resident voters residing within the proposed zone; or (b) More than 50 percent of the assessed value of the land within the proposed zone. Section 819 - Effect of Majority Protest In the event the District finds a majority protest exists, the proposal to establish a zone shall be abandoned and no new proposal to form a zone, including substantially the same purposes, shall be considered by the. District to a period cf twc legis. agm; ss/rgb:agg 78 01/29/87 DRAFT years following the date of the conclusion of the hearing. If a majority protest shall not have been filed, the District, within 35 days of the conclusion of the hearing, shall adopt a resolution approving or disapproving establishment of the proposed zone. Section 820 - Factors to Consider and Abandonment Any proposal to include territory to or exclude territory from a zone shall be subject to the same provisions and proceedings as a proposal to establish a zone, except that: (a) In addition to considering and weighing protests from residents or property owners of the land to be included or excluded, the district shall also consider and weight the protests of residents and property owners within the zone to or from which the territory is proposed to be included or excluded; and (b) In the event the District finds a majority protest exists within either the territory or the affected zone or the territory to _be included or excluded, the proposed inclusion or exclusion shall be abandoned. The absence or existence of a majority protest shall be determine as provided in Section 809 of this Chapter. In the event a majority protest does not exist, the District shall adopt a resolution approving or disapproving inclusion or exclusion. Section 821 - Procedures to Dissolve Any proposal to dissolve a zone shall be subject to the same proceedings provided for in this Article to establish a zone. leais. acgm; ss,/rgb:gag 79 01/29/87 DRAFT Sectior. 822 - Initiation by Petition A proposal to establish, dissolve, include or exclude territory from a zone, may be initiated by a petition containing the signatures of no less than 25 percent of the registered voters or landowners representing no less than 25 percent of the assessed value of the territory which would be affected by the proposal. Section 823 - Sufficiency of Petition The Secretary of the District, in determining the sufficiency of a petition filed pursuant to Section 813 of this Chapter, shall follow the same procedure for evaluating protests as provided by this Chapter. Upon certification by the Secretary that a petition is sufficient, the District shall undertake proceedings provided for by this Chapter. legis. acrm; ss/rgb:ggg 80 01/29/87 DRAFT CHAPTER S. Article 3 - Improvement Districts Section 830 - General Improvements districts may be formed in the District, as the public interest and convenience require in the same manner for any purpose authorized by this Act as improvement districts are formed pursuant to Chapter 5, Part 6 of Division 13 (commencing with Section 36450) , of the Water Code, and Chapter 6, Part 6 of Division 13 (commencing with Section 36455) of the Water Code. Section 831 - Rights, Powers and Duties The Board of Commissioners of the District shall have the same rights, powers, duties and responsibilities with respect to the formation and government of improvements districts as the Board of Directors of a California Water District has with respect to improvement districts within a California Water District. legis.agm; ss/rgb:ggg 81 01/29/87 DRAFT COMMITTEES: w~ `'�A,u+.lc.� '- COMMITTEES CNAIPNGN �,I AGRICULTURE AND LOCAL GOVERNMENT WATER RESOURCES CHAIRMAN REVENUE AND TAAAT:CN SELECT=OMMITTEE ON PLANNING s +�' ?I'I TPANSP^RTATION FOP CAL!FCP`.IA S•aROWTFI "7 i PV6LIC EMPLOYMENT VICE CHAIRM.+N �• ANC RET!REMENT EDUCATION ,I'Otyr SU8CCk4MITTEE ON AGPICUL7URAL OPAINAGE PRACTICES arifornia *tate senate MARIAN BERGESON i:�+alP'V1,1,`J May 19 , 1987 The Honorable .Jack Keliv Mayor , City of Huntington Beach Council Chambers 2000 Main Street Huntington Bea CA 92648 Dear Ma,;;-ar K ly : I want to thank you , the other Council members and your staff for the positive nature of your participation in the legislative process as it relates to SB 1517 (Bolsa Chica) . As amended May 18 in the Senate Natural Resources and Wildlife Committee , I believe SB 1517 now contains the necessary legis- lative assurances the City has requested pertaining to this project . With these assurances , I would 'hope that the City will be able to continue to work towards achieving the necessary development agreements by the January 1 , 1988 date in the bill . In addition, I want you to know that my commitment to preserving the strong interests of the City of Huntington Beach in SB 1517 as amended , remains intact . As you are aware , I , as the author of the measure , can opt to pull the bill at any time from consideration by the State Senate . I look forward to continuing to work with you and the City Council on this important legislation . I believe the final result of these discussions will brink about a well balanced bill which will meet the needs of all the interested parties . Cordially, cc : Council members Charles Thompson MARIAN BERGESON Jeff Holm Senator, 37th District MB/mf CAP—.CL OFG!CE STA-_=APITUL.SAC4ANIE`'0 CA 95ela ORANGE•COUNTY 140 NENPCRT CE'.TE4 DRIVE.SUITE•20 .NEWPDPT 3EACI- :A IZ66o 7=LE—CNE.:714:640 1137 'MPERIAL VALLE" ItOI AIP�ORT ROAD SUITE C.'MPERIAL :A 9225' TELE?-ONE 619)353.6244 WESTERN RIVERSIDE _g?I.ONE '7tsl 376.6608 NO1471 EAa ERN SAN DIE'C COUNTIES SB 1517 AMENDMENT NO. 1 Page 13 , line 22 add Section 148 . "This legislation shall not have any force or effect unless the County Local Coastal Program has been fully certified and the City' s certified Local Coastal Program has been amended, if necessary, to conform to the County ' s certified program. " AMENDMENT NO. 2 Page 13 , line 22 add Section 149 . "This legislation shall not have any force or effect unless on or before January 1 , 1988 , the City, County and Landowner/Developer have entered into an annexation/development agreement pursuant to Government Code Section 65865 (b) . " AMENDMENT NO. 3 Page 14 , replace lines 33 - 36 with "maintenance, and operation; assessments for federal cost share repayment; small craft harbor operations and related activities ; sand replenishment; and assessments against property within the district. " AMENDMENT NO. 4 Page 15 , line 4 after "general plan" , add "certified local coastal program, " in line 5 replace "or" with "and" , in line 5 strike "in which, " and strike line 6 . AMENDMENT NO. 5 Page 16 , line 19 amend Section 210 to read as follows : "The District shall be governed by a commission composed of five members, of whom three shall be elected pursuant to this Chapter, one shall be the County Supervisor representing the supervisorial district in which this district is located, and one shall be a member of the City Council of the City of Huntington Beach. Upon annexation, the district shall be governed by the City Council of the City of Huntington Beach. AMENDMENT NO. 6 Page 28 , line 26-27, add after "implement wetlands restoration, provide, " The words : "secure funding sources for wetlands restoration and" and .delete "for ongoing. " AMENDMENT NO. 7 Page 33, line 37 Section 508 . Delete new language in italics at lines 39-40 , and to page 34 , line 1 ; restore stricken language from page 33, lines 38 and 39 . AMENDMENT NO. 8 Page 34 , line 5 Section 509 , delete "Bolsa Chica State Beach" and substitute "beaches . " AMMENDMENT NO . 9 Page 34 , line 7 add "The district shall provide secure funding sources for the maintenance of the sand supply to the beach prior to construction of an ocean entrance . " AMENDMENT NO. 10 Page 41 , line 16 amend Section 754 to read as follows : "Annual assessments and financial obligations imposed pursuant to this act, including but not limited to, general obligation bonds , revenue bond¢J Jmprovement district bonds, and standby charges , shall not e ed one percent (1%) of the assessed value of the property within the district as established by the latest equalized assessment rolls . AMENDMENT NO. 11 Page 41 , line 24 after the words "make water" add "capacity. " AMENDMENT NO. 12 Page 44 , line 38 add Section 798 . "Prior to the completion of the investigation by the District Securities Division of the State Treasurer ' s Office undertaken pursuant to this article, the Commission shall by resolution notify the Board of Supervisors that it intends to provide for the issuance of bonds . The resolution shall be accompanied by a report which describes the plan of the project to be financed with the proceeds of the bonds in such detail as the County Auditor-Controller may require and shall also be accompanied by such other information as the Auditor-Controller may require, including a copy of any report _ available from the District Securities Division of the State Treasurer' s Office concerning such proceedings . " AMENDMENT NO. 13 Page 44 , line 38 add Section 799 . "No later than 120 days following receipt of the district' s resolution of intention, the Board of Supervisors shall by resolution make findings regarding the following: a. The extent to which the facilities or work to be acquired or constrLcted with the proceeds of the bonds are needed to accomplish the purposes of the certified Bolsa Chica Local Coastal Program and are in compliance with the limitations and conditions of said program. b. That the amount of bonds to be issued does not exceed one percent ( 1%) of the assessed value of the lands within the district, based upon the county' s latest equalized assessment rolls . C . That the proceeds of the bonds shall not be used to acquire or construct work or facilities that under general county or city guidelines and standards are a responsibility of the landowners or developers , as provided for in the Development Agreement. No bonds . shall be issued prior to the adoption of an affirmative finding on each of the above issues and the board concludes that the issuance is in the public interest. A certified copy of the Board of Supervisors ' resolution shall be filed with the Clerk of the district, the City Clerk of the City of Huntington Beach, and the Chief of the District Securities Division of the State Treasurer ' s Office within the 120 day period specified above . " AMENDMENT NO. 14 Page 45 , lines 1 and 2 , change title to: "Chapter 8 . Federal Repayment , Wetlands Restoration, and Beach Maintenance District, Zones of Benefit, and Improvement Districts . " ®a �' ; CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION - HUNnNGTON RACK To MAYOR JACK KELLY -ANDM1--=`. From GAIL HUTTON . MEMBERS OF THE CITY COUNCIL City Attorney r _ Subject Bolsa Chica (SB 1517 ) Date May 20; 1987 Hearing The Natural Resources Committee hearing on SB 1517 has been rescheduled to Wednesday May 27, at 9 :30 a.m. in Room 4203 . F- AMENDED IN SENATE MAY 11, 198� AMENDED IN SENATE MAY.4,--1987 � SENATE BILL No: I517 _ _Introduced by Senators Bergeson h and Seymour. {Coauthors: Assembly Members Dennis-Brown, Ferguson,- - and Frizzelle}' March 6, 1987 � x -An_ act_ relating to -conservation _:districts,: and -_in -this connection, to create the Bolsa Bay Harbor and Conservation_ - _- District, prescribe its.boundaries, -organizations;`::operations,_;=,- :;:.- - management, financing;-and other.powers and duties: LEGISLATIVE COUNSEL'S DIGEST _ Sh3 1517, as amended, Bergeson. Bolsa Bay Harbor and Conservation District. Yt l j --Existing law does not establish.a special district for the. � <= -:Bolsa�Bay Harbor area. --: `his bill: would=._enact-- the _Bolsa Bay �Harboi and _ Conservation District :Act which would establish_the Bolsa Bay Harbor and Conservation District-within a_specific area the unincorporated territory of Or e County,to provide, -= g -= among other things,for implementation of the Seri f ed Bolsa -: - Chica 1666 Local Coastal_:;Program, as prescribed,'and construction of specified harbor and related - s : facilities, incI din water and sewer facilities. The-bill would - g t_ specify the powers and-duties.of the district a.nd provide for . the management and financing of the district: The.bill would impose a state-mandated local program by _ requiring -the Board of Supervisors of Orange County to - conduct a formation election, as prescribed, by requiring - specified county and city officers to perform specified duties, , _ 3SB 1517 2 - = _ e -x . SB 1517 and by making violation of specified'rules and regulations:of ' .1 interim planning_step`between:certification of the Land.' t the district a misdemeanor. _ 2 Use Plan.and completion`of theeirgs : ;; ..(2) The -California - Constitution requires the state `to 3 _certifcatiori"of the Local Coastal_Program .:.=_ reimburse Iocal a encies and school districts for certain costs g 4 The City -of Huntington Beach' has adopted, and the mandated by the . state. Statutory provisions establish `� --California Coastal,:;Commission>has`.certified, a .Local procedures for-making that reimbursement. -6 - Coastal Prograriijor -areas which.-surround the Bolsa r This bill would provide that no reimbursement is required -7 Chica which-includes the ocean entrance area seaward-of: by this act.for specified reasons. _ _ 8 the Pacific ,Coast_Highway; portions of the linear park= ' r; Vote: majority. Appropriation: no. Fiscal committee: yes.-' 9 area,-and the -Metropolitan Water District south yard State-mandated local program: yes. 10 parcel. The city has coastal permit-,authority:over these. :--, -;- - -11- areas: Both the city the landowner anticipate that the The`people of the State of California do enact as follow"s. 12 unincorporated county area will be annexed to the city _ 13 prior to completion of development as provided for in a : 1 - = - 14 development agreement: _ _ _- 2 CHAPTER L_ INTRODUCTORY PROVISIONS -.15 : .The :Department -.of- Fish -and Game, the . Coastal.. . 3 16 Conservancy; .the County_, of : Orange, and Signal :^ 4 Article 1. . Legislative_ Findings and Declarations 17 -Properties,a major landowner in this area,have prepared ' S 18 a Habitat Conservation Plan pursuant to Section -= 6 Section 1. This act shall be known and may be cited - lg - of_ the Public Resources Code.::_The plan .encompasses- 7.. as the Bolsa Bay Harbor and Conservation District Act. 20 both-the county and city areas.` 8 - Sec.-2. - The Legislature hereby finds and declares that - 21 The activities:-.associated -_with . final_ approval and 9 certain coastal wetlands and environmentally sensitive a - -22 implementation of land use plans encompassing both the, 10 areas along the coastal zone commonly known as "Bolsa '=23 city and_, county- : areas : '=are --comp ex = = arid - 11 Chica"-in Orange County are subject to the jurisdictions -24 rnultijurisdictional. 12 -of many diverse and independent federal, state,and local'- Q 25- -'This act-is for -the purpose of providing increased-/ 13 agencies."Efforts to arrive at a suitable land use plan for 26 management options - for and - -a-- :mechanism- , for 14 -the area have-been underway for many years. The major,-'` 27 .interagency,: coordination of the- :.processing and 15 portion of the area is unincorporated county area entirely, 28 implementation of the plans for,'-Bo1sa Chica_within 16 `surrounded by the City of Huntington Beach. 29. area as maybe fi_iially-:approved,by,those agencies with_: 17 ` The County of Orange has adopted the Bolsa Chica 30 - . 18 -Land Use Plan for_ the unincorporated area which has jurisdiction over the lands. �_ � - rP 31 Sec.3. The Legislature further finds and declares that - 19 :.been conditionally approved by the California Coastal 32 no provision: of this =act is .intended- to .preempt_-or-' 20 Commission subject to confirmation review to address 33 otherwise interfere- with the jurisdiction of the City=of ti, 21-:=the following general areas of :concern: (1)--technical 34 Huntington Beach; the State Lands Commission; the=_-- 22 studies on the feasibility of an ocean entrance, (2) 35 California Coastal-Commission, the Department of Fish 23 ._preparation of a wetlands restoration .plan, and (3) 36 and Game,and the Department of Parks and Recreation. :'.` 24 preparation of a Huntington Harbour connection 37 See; 4-. No -ei ffi arse ffie t ig required by this 25 ;channel plan. 38 p� to Seet r 6.e€ Miele �B e€the Ga�erria" 26 - The Land Use Plan confirmation review has been 39 beea a aot �6 .ice.6eee�dane - the E. 27 re uired b the California Coastal Commission as "an ' q Y 40 retest e€a leeal agexey er sehee d�� 3 desired SB 1517 SB 1517 . 1 legislatiN a awe to eat et Cana� in 1. the count recorder, southeasterly,'.-- - y thence in:a general southeasterly 2 #4s- A,4'ftnd beeatse -the e#4 Bests Leh ffifty be 2 northeasterly;and easterly direction along the existing 3 J� by a leeal aged ef wheel d� be - 3 boundary line as established by that Annexation No. 15 to -4 ittettried beeettt4e this aet .a erife of 4 an angle point therein, that- point being the_easterly 5 ages the defi�of a erife ep i�aetiett; 5 terminus of that`'certain course described. as "North- -6 or g; a er-ime of 4&Ra ie"- -: 6 75 43'04" West 373.65 feet" in- that-Annexation No. 15; 7 - 7 thence southwesterly,westerly; 'and southerly along the 8 Article 2. Boundary Description -8 existing boundary line,-as established by the annexation 9 9 to Orange County Sanitation District No. 11 described in 10 Sec. 50. (a) The Bolsa Bay Harbor and Conservation 10 the Resolution of the Board- of Supervisors dated 11 District shall consist of those lands in the unincorporated -11 November 20, 1957, to an angle point in the formation . 12 territory of the County of._Orange, State of California, 12 boundary of Orange County Sanitation District No. 11 as 13 being that portion of Section 28, Fractional Section 29 and 13 described in the Resolution of the Board of Supervisors of 14 Section 34 in Township 5.South, Range 11 West, as shown 14 Orange County dated January 6, 1948, that point being 15 on the map of Rancho La Bolsa Chica recorded in Book 15 also the southwest corner of Section 34; thence southerly 16 _51, Page 13 of miscellaneous -maps, in the office of the . 16 and_ westerly along the existing boundary line as 17 county recorder of the county,together with that portion 17 established by that formation bou ndary to a point on the - 18 of Section 34 and-Fractional Section -4 in Township 6 18 northeasterly right-of-way line_ -of the -Pacific Coast 19 South,Range 11 West,as shown on the map of Rancho Las 19 Highway, 90.00 feet in width, as shown on Sheet 7 of that 20 Bolsas recorded in Book 51, -Pages 13 and 14 of the 20 map filed in Book 92, Pages 19 through 28, inclusive, of 21 miscellaneous maps and together with that portion of 21 Records of Surveys, that point being also-in intersection 22 Fractional Sections 30, 3-2, and 33 in Township 5 South, . 22 of that northeasterly right-of-way-line with the west line_ _ 23 -Range-11 West, San Bernardino Meridian, according to 23 of the northeast quarter of that Fractional Section 4 and 24 the official plat filed in-the District Land Office, all as 24 an angle point in the boundary line of Annexation No. 12 25 more particularly.'.shown on the map filed -in Book 92, 25 to Orange County-Sanitation District.No. 11; thence 26 Pages 19 through 28, inclusive, of Records of Surveys; in. 26 northwesterly- along _the existing---boundary y line as 27 the office of the county recorder, described as follows: 27 established by that Annexation_ =No.=12,=being -also the 28 - Beginning at a point in the-existing boundary line.of , 28 northeasterly right=of way=line; to_an angle point_in the 29 Orange County Sanitation District No. 11 as established 29 existing boundary line; thence leaving the northeasterly _ 30 by Annexation No. 15 to Orange County Sanitation 30 right-of-way line, southwesterly .continuing along the 31 District No. 11, that point- being the northwesterly 31 existing boundary line as established by that Annexation : 32 terminus of that certain course described as- "North 32 No. 12 to an angle point therein on the southwesterly 33 34°02'21" West 604.70 feet"in that Annexation No. 15,that 33 right-of-way-line of the Pacific Coast Highway,that point 34 point being also South 0°10'16" West 30.00 feet and North l 34 being also - the --southeasterly = terminus of the 35 89°21'40" West 640.00 feet from the intersection of the 35 :southwesterly and,northeasterly lines_of Annexation No. 36 centerline of Bolsa Chica Street, 60.00 feet in width, with 36 -17 (Bolsa Chica State Beach) to � Orange County . 37 the centerline of Los Patos Avenue, 60.00 feet in width, 37 Sanitation District No. 11;thence northwesterly along the 38 as vacated by the Resolution of the Board of Supervisors 38 existing boundary line as established by that Annexation : 39 of Orange County, California, recorded July 15, 1943, in 39 No._ 17, being also the northeasterly_ -line and the - 40 Book 1197, Page 424 of Official Records, in the office of 40 southwesterly right-of-way line, to the southerly line of 7® SB 1517 _ 3B 1517 _ - 6 l Warner Avenue,60.40 feet in width, as shown on Sheet 2 1 fb) The, follawmg .lands are excluded from -the _2 District: =4 2 of that map -filed in-Book 92, Pages 19 through 28, - 3 inclusive,--of Records of Surveys; thence leaving the ,3 (6) A map of the_ district territory is as follows: 4 southwesterly right-of--way line, northwesterly 5 continuing along the northeasterly line and the existing 5 (d) If the State Lands Commission determines that its 6 boundary line to an angle point-therein on the centerline - 6 lands or a portion-thereof should be included within the _ 7 of Warner Avenue; thence leaving the existing boundary ` 7 _district, the State_'=�,ands Commission shall notify the 8 line,South 89°12'30" East 132.85 feet along that centerline -8 district in writing of that fact and ale a legal description 9 to a point on to.existing boundary line, that point being 9 of its lands with the district at the time of the notice. 10 the westerly terminus of that certain course described as 10 Upon receipt ofthat_notice and a certified copy of the 11 'North 89 31'53" east 280.30 feet, more or less," for a "_' 11 legal description, the district`shall adopt a resolution 12 portion of the boundary line of .Annexation- No. -16 12 -setting forth the `legal description of that land and 13 (Huntington Harbour -No. �4) to _ Orange County 13 _confirming the fact that the described lands are within 14 Sanitation District No. 11, -that point -being also the _ 14- the district 15 beginning of a nontangent curve concave-southwesterly _ 15 .Within_. 10 days thereafter, a 'certified copy of the 16 -having a radius of 3053.51 feet, that curve being also to - I6 'resolution shall,be filed with the local agency formation 17 northeasterly right-of-way- line- of the Pacific :Coast! - 17-_ commission of the county, at which time incorporation, -18 Highway, a radial line to that point bears North 50616'05" 18 shall-be deemed complete. 19 East; thence leaving that centerline, southeasterly 39.26 19 t 20 feet along that curve and that northeasterly right-of-way Am, 20 .Article 3. Definitions 21 line, being also the existing boundary line as established _21 22 by that Annexation No.-16, through a central angle of _` Sec.: I00. Unless the -context,otherwise requires, the _ 23 0°44'12' to an angle point'therein on the southerly line of 23 definitions in this article govern the construction of this - - 24 Warner Avenue; thence -easterly .continuing along-the_ 24 act. - 25 existing boundary line as established by that Annexation 25 .Sec. 101. The definitionof a word applies to any of its 26 No. 16, being also that southerly line, to the southeast 26 variants: _ : 27 corner of that Annexation No. 16, that corner-being`also- ': ,27-__: _..Sec._102:_ "Board_of supervisors"means the Board of 28 an angle point in the boundary-line of Parcel "D" of -28 Supervisors of Orange County. ._: _ 29 Annexation No. 7 to:Orange County Sanitation District 2g .Sec. 103. "City"means the City of Huntington Beach. 30 No. ll; thence easterly continuing along the existing 30. :See. 104. "Coastal commission" means the California . 31 boundary line as established by .that Parcel "D" Hof 31- . Coastal Commission:established under Section 30300 of - 32 Annexation No.7,being also the southerly line of Warner 32 the Public Resources Code and designated as the coastal :.- 33 Avenue and the southerly line of the, -vacated Los Patos, `, 33 zone planning=and management agency charged with 34 to the southeast corner-of that Parcel "D," that corner 34 implementing the-coastal act. 35 being also an angle point in the boundary line of 35 Sec.,105. t_''Commission" means the Bolsa Bay Harbor 36 Annexation No. 14 to Orange County Sanitation District ._ 36 and Conservation District Commission. 37 No. 11; thence easterly continuing along the existing', 37 Sec: 106. "County" means the County of Orange. 38 boundary line, being also the southerly-line of vacated 38 -- -Sec• 107•< :J`Department of fish and Game" means the 39 Los Paters, to the point of beginning, the above-described 39, .state :agency^:having authority and responsibility . to 40 parcel of land containing 1520.20 acres, more or less. - 40 protect and enhance fish and wildlife resources. SD pp - - - �1517 9 _ _ _ _SB 1517 1 Sec.I08._ "Distract means.the Bolsa Bay Harbor and: - '_ 1 improvement of any work or works of common�benefit to � �.. . `2 Conservation District. ,},. = r. .,_a_ 2 . the Iarid or inhabitants within an improvement district: -3 Sec. 108.5. - "Federal .bea'ch nourishment program" 3 ` Sec. 114. "Land" means the solid material of_the 4_ means the current federal sand replenishment program earth, whatever:-may be the-ingredients-of which it is - 5 to replenish sand.between.-Anaheim Bay-and Newport _=5 composed,whether-soil,rock, or other substance :It does 6 Beach pier. - not mean-improvements thereon or rights and privileges 7 Sec. 109. "Federal '° cost share" means the "Y - 7 appertaining to _water, minerals, oil, ,gas, _or other 8 'contingent authorization of funds, if any,.eenteAfied ift, 8 hydrocarbon substances underlying-the surface thereof. 9 consistent with the Water Resources Development Act of- , 9 Sec. 115. "Land use plan"means as defined in Section .: 10 .1986 e�eted by.#be� des#� � eeeeA- -- 11 .-�, :� -. _ 10 30108.5 of.the Public Resources Code, applies ao that preteet the : . 11 __ portion the Bolsa Chica Land Use Plari that lies within*. 12 weapens staie _ 12 the unincorporated county area. The land use plan does 13 Sec. 110. "Habitat conservation plan"- means a plan 13 not include areas within the corporate-boundaries of the _ 14 which provides-for the conservation of the habitat of fish I14 City of Huntington Beach. - - - = 15 and wildlife resources as described in Section 30237,of the 15 Sec.-116. - "Legal representative an official of 16 Public Resources Code. = = 16 a corporation owning land and means a_-guardian 17 —See. 111. "Harbor facility"_means the-marina basins, -17 executor, or administrator of the estate of the holder of _ 18 - main and secondary navigable waterway systems, the -' ig -title to land who is any of the following: 19 lands underlying the marina basins, main and secondary 19. (a) Appointed under the laws of this state. 20 waterways, and - any abutting lands - used .. for 20 (b) Entitled to the-possession of the estate's land. 21 boater-oriented recreational or commercial activities; 21 -(c) -Authorized_by the appointing court to exercise the 22 :including inwater or dry storage-of boats,and the parking 22- particular right, privilege, or immunity which he or she - 23 of_- vehicles to -accommodate the ;:recreational --'-or23 seeks to exercise: 24 commercial activities,of the harbor.:: - » - 25 Sec. 112. "Holder of title" or "landowner" means the 24 Sec. 117. - Local coastal program meatus as defned in 25 _Section 30108.6 of the Public Resources Code, applies to 26 owner of record of the fee title:to land,except that,if the =` 26 a local government's land use plan zoning ordinances and . 27-----owner-of record of -the fee title'has . cone�ed -the'_:_>:- _ - y- -27- implementing actions program}-;which;-when taken`' 28_ equitable title to the land by wayYof a land sale:contract 28 .together -satisfy-the_requirements and--implement the = 29 . and the contract or a memorandum-iliereof is recorded; y 29 . provisions and policies of the California_Coastal Act of 30 -"holder of title" means the contract-vendee thereunder = 30 1976 at the local level. 31 and not the record owner of the fee.title: - Y 31 Sec.- 117.5.- ;"City local coastal program".=means the 32 Sec. 112.5. - "Huntington Harbour connection"=means" _ -32 -:local coastal program for the incorporated area which has 33 a navigable channel between,=the..ocean entrance 'aiid 33 received full certification by the coastal commission and 34 _Huntington Harbour. =_ ; _:'„` 34 pursuant to which, permit authority was returned_ to the 35 Sec. 113. Improvement district means .any _area 35 city as of March 14, 1985. - 36 within the district established _ by ;the commission 36_ Sec. I18. "Niay'° is permissive and "shall" is 37 pursuant to any of the provisions.of this--act or_otlier'_ ._ 37- mandatory. 38 applicable laws for the purpose of providing,=for=-atfid = 38 ---`Sec-. 119. "Navigable ocean entrance" means the 39 financing the construction, acquisition; reconstruction,: 39 system of navigable waterways that provides for access 40 maintenance, . operation, _:extension, -,.-:-.repair-." : ?Tor 40, between the Pacific Ocean and the harbor facility and _- r -_ - - __ - _ _ -" - - _- .. ... - .- - - __ ._ - mil• � - SB Y517 := - = - = : _ -: 11-- SB '1517 .. 10 u" I may`_include' side`jetties and=azi'--off-shore sheltering I '�' 2 breakwater,__' _ =1` -_ �� _Y �+ 2 _ (a) _ Carryout and fund implementing action programs .: 3- Sec. 120:= "State" means the State of California and 3 to restore enhance, and maintain :in perpetuity 'the 4 includes all "_bureaus;. y: ��zommissions, _ divisions, 4 wetlands and environmentally sensitive habitat areas 5 departments, boards;-agencies; committees, officers, and 5 within the coastal zone of Orange County, identified by - 6 branches thereof. =,.w _ - 6 the B�ls�des� k3se X.the certified Bolsa Chica 7 Sec.-.121.- _:'United-States'° means the.government of 7 Local Coastal Program.: _a =- 8 the:-United States-of America=and includes all bureaus; 8 (b) Administer and raise funds`to repay the federal 9 commissions,-divisions, departments, boards, agencies, 9 loan cost share ae � by if authorized pursuant to. 10 committees, offices,;and.branches thereof. 10 the-Water Resources Development Act of 1986, and to = 11 Sec.-.: 122. . "Visitor.: serving facilities" means the 11 maintain in perpetuity.. such facilities, structures, _and 12 facilities that fulfill purposes under the California Coastal 12 appurtenances for the any navigable ocean openings and 13 Act of 1976 of serving the need for public access and _ 13 facilities to -protect the naval -weapons station and 14 recreation within the coastal zone. 14 waterways :constructed with those funds, as may be 15 Sec. 123: ; "Landowner voter" means a person who is' - 15 authorized or appropriated by the.federal government, 16 a holder of title'of assessable property'. - 16 in accordance with:appheable state and local rules and - I7 Sec.- 124.-_ "Resident voter".-means a person who is a 17 - regulations. = <: 18 qualified elector and a resident of the district. . 18 (c) Maintain-.and administer.the facilities of a-small 19 Sec. 125.' ."Wetlands restoration"-means an activity to! 19 craft harbor landward of the Bolsa Chica ocean entrance.- 20 establish, create,restore,preserve,and enhance 20 (d) Provide .-for, the financing and construction of 21 wetlands, especially those which have been destroyed or 21 -water and sewer facilities by the.district. 22 .degraded, to a high_quality,. fully functioning level of. (e) .Administer and raise funds_ to.. construct and 23 biological productivity-and diversity.: 23 maintain appropriate facilities for (1) dredging and land 24 Sec. 126, -_"Wetlands restoration' means a ply to ' 24 reclamation purposes,- (2) drainage:and--.flood control 25 establish, nestere-, 25 purposes, (3) parks, recreation and open-space land and - . pt serye. phased concept and P P 26 'implementation plan approved_by_the Department of 26 facilities, (4) levees and channel edges,and (5) docks and. 27 -Fish and Game and:the--Califorii a Coastal Commission to 27 appurtenances,-arid.-to participate in federal, state, and_: 28 create,-:restore, enhance,preserve, and maintain certain - 28 local beach nourish . ment programs 29 wetlands and :environmentally sensitive habitat areas 29 (f) _ Exercise' the powers which-are expressly granted 30 identified in the latig use p1m.certified Bolsa Chica Local 30 by this act. Nothing in this section authorizes the district 31 Coastal.Pro am. ;. 31 to exercise an powers on state lands without the prior_ 32 ` - - -=, :-_ 32 written approval of the State Lands Commission. 33 Article 4.-.:_Establishment and Purposes 33 Sec. 141. --No provision of this act :limits the power or 34 - -34 authority of.the.city, county, or any state agency with 35 Sec. 140. The Bolsa Bay-Harbor and Conservation 35 jurisdiction within 'the district to . regulate land uses 36 District is hereby.established in accordance with this act 36 within the district: 37 and is a public corporation created to provide an 37 Sec. 142. If the state determines that its lands, or any . 38 adequate institutional and legal framework to achieve all 38 portion thereof, should be included in the district, the 39 of the following purposes:=.b -= 39 provisions of this act shall not be construed to conflict 40 40 with the t obligation of the state to carry out its public SB_1517 '= _ — 12 _ - —13� .. SB 1517.,- 1 trust ebRga ieffis responsibilities on those lands. 1 protection of theµBolsa Chica wetlands, construction of 2 = Sec:143. _ .(a) If state lands are included in the district, 2 state and.federally.funded harbor facilities if authorized_ M 3 those lands shall not be subject to any taxes, assessments, 3 and approved, coordination with the California Coastal 4 rates, fees,-liens, or rcharges without its written consent. 4 Commission in co�n-w. county gi nning>_�nd 5 However, any enterprise -function conducted on the 5 coor oration of �lannin ,utilities_; nd s r�yicei-withAbp 6 .,lands= _owned by .the state, its assignees, lessees, 6 City o .Huntington Beach to facilitate annexation to the 7 permittees, franchisees, or licensees or others shall be 7 ci pnor o tentative any subdivision maps. 8 - subject to any uniform charges or surcharges as set forth 8 This acts all not impair the.-state sovereignty over its = 9 in or pursuant to this'act. The state or its lands shall not 9 lands within the project area or impair the state's ability - 10 be liable for nonpayment of those fees,assessments, taxes, 10 to'control, operate, and maintain its lands and resources 11 or`charges: - 11 if.included in the district. - 12 (b) Lands owned.by the Metropolitan Water District 12 - Sec. 146. -.No provision in this act limits the 13 of Southern California (metropolitan), which are 13 enforceability and applicability of any provision of any - 14 "included in the emkieerperated area of the district, shall 14 agreements entered--into between or . among a city, 15 not be subject to any taxes, assessments, rates, fees, or 15 county, ,state,` or'federal agency and a private person 16 charges by the district without its written consent. If 16 affecting the Bolsa.Chica area. 17 -metropolitan requires district services, they. shall be - 17 Sec. 147. _ If any provision of this act or the,application 18 provided on terms acceptable to the district. However, = 18 of that provision to any persons or circumstances is held - 19 any enterprise function conducted on the lands owned by 19 invalid, the remainder of this act, or the application of 20 metropolitan, -by :its assignees, -lessees, permittees, 20 that provision to-persons other than those to which it is 21 franchisees,or licensees or by metropolitan alone or with 21 .held invalid, shall not be affected. - 22 another public or private entity, which is not directly 22 23 -related to its authorized purposes, shall be subject to any 23 Article 5._ -General Provisions _ 24 uniform charges or surcharges as set forth in or pursuant 24 25 to this act, provided that metropolitan or its lands shall 25 Sec. 150. Nothing in this act-changes or repeals any 26 -not be liable-for nonpayment of the fees, assessments,_ 26 other law of this state. 27 taxes, or.charges imposed on enterprise functions. : - 27_ - Sec. 151. The' rights,' privileges, and immunities 28_=Sec:144. If state public trust lands are included within 28 . created or continued in force.by this act in favor of any 29 the district, any revenues collected by the district from 29 holder of title`to land for his or her benefit and on his or--,-: 30 enterprise functions --conducted on state . lands, not 30 her behalf may be exercised by his or her legal 31 = needed to-defray normal operating expenses related to 31 representative. 32 state activities_conducted in the district, shall only be 32 Sec. 152. -Whenever an instrument is by this act 33 allocated or spent for purposes consistent with the public- 33 . required - to . ,be _--.acknowledged, - -each signer shall _ 34 trust. = 34 acknowledge the instrument in the manner provided-by 35 . Sec. 145. :.One of the purposes of the district is to 35 law before his or her-signature shall be effective. 36 facilitate the coordination of the activities programs,and 36 Sec. 153.. Except as'provided in Section 29142 of the 37 _-powers of the various federal, state, and local agencies 37 Government Code, no supervisor, auditor, clerk, or any . -38 -with the harbor, wetlands, residents, and landowners in 38 other officer or employee of the county shall receive any .39 - the``project area in order to achieve an orderly, 39 fee for any service required to be performed under this 40 coordinated-development that enables restoration and 40 act. _ -SB -1517- - _ —14=- 15 B 1517: n 1 Sec: I54..` Fees payable tofthe Treasurer pursuant to ' I Division_1 of,Title 7" of the Government Code;,or any 2 this act shall_-be those established by the Treasurer 2 other provision of..law,-all facilities; works, and capital 3 pursuant to:Section 20018 of the Government Code. - . : . 3. improvements of the`district shall be consistent with-ahe 4 Sec. 155. ; Elections authorized by this act are-subject 4 general plan,applicable specific plans,zoning ordinance,. 5 . to the Uniform- District Election Law <�(Part 3 5 and subdivision__ ordinance of the county city 6 (commencing with Section 23500) of Division-.14 of the 6 - 7 Elections-Code 7- _ Y. - 8 Sec. 156. The -district is a "district" as defined by 8 CHAPTER 2.- , INTERNAL(ORGANIZATION - - ; 9 Section 56036 of the Government Code. After the 9 - 10 "establishment of the-district; any proposed change of 10 Article 1. " General_Provisions 11 organization or.:reorganization for which the district is a 12 subject agency shall be initiated, conducted, ' and 12 Sec. 200.. The district shall be governed by the Borsa''-=' 13 completed pursuant" to Division 3 (commencing with 13 Bay- Harbor and Conservation .District ; Commission, 14 .Section 56000) of Title 5 of the Government Code_. _: . 14 Except as -provided by- 'Section ,204 and. -Article -:3 15 Sec. 157.- It -is " the intention - of " the city and - 15 (commencing with Section 213);the commission shall be _ 16 landowner/developer_.that 'the entire project.:area.be -16 composed of. five -members.;.sand shall 'have. the.,, 17 .ultimately annexed into the city,-In order to implement. J 17 .-qualifications and shall be elected;as set forth'in-Article" 18 .the Balsa wee b4nd Use=S2tf2 "certified Bolsa Chica . 18 2 (commencing with Section 210) 19 Local Coastal Program before annexation, the 19 Sec.201. The terms of office of commissioners elected - 20 landowners, the city, and the county may enter_into. 20 pursuant to this chapter shall be four years. 21 agreements, including, but --not limited to,--, the 21 See.- 202. -Except.-,as -otherwise,--provided by this 22 establishment of an urban ..service area .pursuant to = 22 chapter, elections for commissioners_shall be 61led for 23 Section 56080 of the "Government Code, the adoption of -23 and held to coincide with the,statewide general.election =_ 24 prezoning pursuant to Section 65859 of the Government 24 - in November of each even-numbered year., - 25 Code,the approval of development agreements pursuant 25 - Sec. 203. All vacancies in the—office'—of commissioner. 26 to Article 2.5 (commencing with Section 65864) -of 26 .shall be filled as follows:. 27 Chapter 4 of-Division 1 of Title 7-.of the Government. , 27 _ (a) Vaceies for _comnssioners elected pursuant,to -28 .Code,-- or the- relationship •between_ annexation and . 28 .-Article 2 _an(commencing with.Section:210) shall be filled 29 tentative maps and vesting tentative maps pursuant to 29 .by appointment by the remaining-commissioners or; in, 30 Section 66413 of -"the Government Code. After 30 the absence of a majority consensus _or of a quorum.,-by 31 annexation, the district -shall continue to exercise its 31 the board of supervisors. - 32 powers concerning funding of wetlands -restoration, 32 (b) Vacancies for commissioners 'elected pursuant to _ 33 maintenance .and operation, , and = 33 Article 5 (commencing with Section 240) shall be filled _ 34 lam federal cost share repayment of ocean entrance and 34 pursuant to Section 1780 of the Government Code. _ 35 marina facilities, small craft harbor operations; and 35 Sec.204. At any time after four years from the date of 36 related activities. 36 the formation of the, district, and from time to time = 37 _Sec. 158. _ Notwithstanding -Article 5 (commencing 37 thereafter, but 'no_t less than 120 days before a general 38 with Section 53090) of Chapter 1 of Part 1 of Division 2 38 . district election, the commission may,' by resolution; 39 -of Title 5 of . the - Government Code, ' Article 7 39 increase the number of commissioners to serve on the -40 (commencing with Section 65400) of Chapter 3 of 40 commission to 7, 9, or 11 and may designate the:first SB I517-. — Is - - - 7 — SB 151 - 1=additional . ;members to : _serve:i _on` the--_ enlar ed . 1._;,Y. a If=an `election Yis`held, eachvoter shall have-one ::. _ - = 1 - - _2 commission."-' - - == _ __ _ -- =: - = 2 =vote for.each one`d 1 in sed valuation of land - _ ollar ($ ) asses The commission-shall determine the term-of office-of =3 .owned by the-landowner. _ 4 each of the new--commissioners_so appointed; but in no a: 4 (f) 'A-majority-of_the votes cast shall be required to - 5 event shall that term.designated by.-the commission be 5 elect a commissioner..: 6 for more than four years:_The terms of office:thus created 6 --Sec.212. The.first commission shall classify itself by lot . 7 shall be determined in a manner so-as to-keep as nearly 7._ so'that two commissioners shall-hold_ office;until the last - 8 equal as practicable the number-•of commissioners to be 8 Friday in November'1988, and three commissioners shall 9 elected at each .subsequent -general district election.- 9 hold office until the last_Friday.in�November.1990. . 10_ Upon the expiration of those_terms'so desi nated by-the 10 11 commission,theposition shall be tilled at the next general 11 ;: - r- Article 3. "Ueetions = 12 district election - and general district elections held 12 13 thereafter for the,election of-officers. - 13 Sec. 213._., Each-voter_ shall:'have-one- vote for each 14 Sec. 205. All commissioners shall be electors of the _ F 14 dollar's worth of land to which e-.or she:holds title. The 15 count y. . - " ' __ - _- 15 last equalized assessment roll of,the county is conclusive - 16 =__ -_-_ _ _` _ - _ 16 _-evidence_of ownershi and of:ahe value of the land so 17 := _.Article 2. Election-of the First Commission` 17 owned.=However; the'-commission `may::determine, by .- 18 = _18 .resolution; that the :equalized assessment roll_'of the ` I9 Sec. 210. The district shall initially be governed by a 19 county shall be. corrected to reflect,�­_in- the- case of 20 -commissioner composed of five .members , elected 20 transfers of land, .those persons who:as of the 45th day 21 pursuant to this chapter. _ _ 21 prior to`the election appear as owners on the,records of 22 Sec. 211': The'first commission shall be elected at an , 22 the 23 . election�conducted by the board of supervisors within 35 23 Sec.214. = The commission may,by ordinance adopted 24 days following the,formation-of_the district, as follows: 24 at-least 90 days prior-to any district.'election:determine 25 (a) ;-Any --person ,- qualified -..to vote- in elections 25 that voters shall thereafter be ascertained pursuant to this =" 26 conducted pursuant to Article*'.I- _(commencing with 26 section.. 27. Section 210) and this article shall be.voters,as defined in 27 _ In that event;_the_coin_ty_clerk'sliall prepare the'voter 28 : Sections 123 and 124. - ' - __ - = k 28'Mist required=-by",Section 23527.5=6f the Elections Code 29 (b) .Nominating==.-petitions for ': the position . of 29 based.upon` the last-equalized 'assessment roll of the '30 commissioner shall be in .writing and signed by voters - 30 county--corrected ta=reflect,yin the case of transfers of 31 representing at least 10 percent of the assessed value of 31 land,those persons,who, as of-the:45th day prior to the ` 32 land as shown by the last equalized assessment roll. 32 election, appear --.as as,:owners`.in the` county._.-assessor's 33 (c) No voter shall sign any-more noi�iinating petitions 33 records which"the=assessor will use_to-prepare the next 34 than there are offices to be filled. 34 ensuing assessor's _roll.Those records`shall be conclusive .. 35 (d) If, on the 15th day prior to the date of the election 35 evidence of ownership and of the value of land so owned. -: 36 called by the board of supervisors,-only one person has % 36 Where only.a portion of.a parcel of land has been 37 been nominated for each position to_ be filled_ at that 37 transferred, and the -assessed .value thereof and of the E 38 election, an election shall not be held and the board of 38 remaining parcel are not separately stated upon the roll,- - 39 supervisors shall appoint those nominated for the position 39 estimated assessed values therefor shall be made by the = 40 of commissioner. _ 40 county assessor`aiid those estiimtes`shall,for the purposes - - - - - - - - iii+-R?'-:eta:::" '-�' •��v-,Y",� - - - _ _ _ _ - - -- - - _ - _ - - - x.u1`,"•„�a:: - _ - axe`' - — 1$---- - _ 1 _ S 1517= - z 1 of_this-section-be'considered the value of the land : 1 __ao:.that.o--._a,Yesident.votin district_`at:fhe.time that the _. .. s _ . :. g _ 2 =" If more. than one'person_or entity.are shown as the= 2_commisson;determiries by,a resolution adopted pursuant: Y,.._. ._ .._ 3 .owners of record of a parcel of land,the coiinty'clerk shall 3 to this`article 4 apportion the voting rights between-the owners=based. ; :Sec..221. Between January'. and March 30 of each 5 upon the respective record interestsin the land; and for 5_ year;,.the ;secretary :of -the district shall inspect .the 6 ':chat purpose, the county. `clerk `may= consider _such 6 assessable-area within the.district _7 information-with -respect thereto as the. county clerk 7 =At that time when at-Ieast 50 percent of the assessable.. :F^ 8 :deems correct;proper, and appropriate: =. -` 8 area within`the district is devoted to and developed for 9 Sec. :_215. Every ==_voter, or his . or her legal 9 residential,industrial,or'nonagricultural commercial use, 10- representative,may vote at any district election either in I0 :or.any_corribiriation thereof, that'fact shall be-certified to 11 `-person or by a person duly appointed as his or her proxy. 11 tlie-commission by the secretary:of the district. 12 Sec. 216. No appointment of a proxy shall be valid, I2 :. Any time aftei that certification, the resident voters` -: 13 ., accepted,' or vote allowed thereon at any"district election 13 :registered to..vote within the district may petition for a 14 unless it meets all of,the following requirements: 14 change in the:voting procedure from a landowner voter: 15 :` ' (a)-It is in writing: 'dent voter* 15 district to=a rest , =16 (b)_It is executed by the person or.iegal_representative .�T` 16 -'y= Sec:222.:=:The-petition shall sign by no less than - 17 of the person who, in accordance.with Section 213 or 214, 17.r 25 resident voters of the district:who represent.not less 18 is .entitled to the votes for which the proxy is given: I8-: than 25 percent9f the total number of resident voters of 19: _ (c) '-It is acknowledged or certified in accordance with 19 the district.=r: 20 Section 2015.5 of the Code of Civil Procedure. - 20 -- Sec. _223. t_:The petition-shall be substantially- in the 21 (d): It specifies the election at which it is to be used.-An 21 following form: _,The_'-secretary of the district, having -appointment of a proxy shall be used only at the election 22 `previously ce_ rtified to the board of commissioners of the, _ -23 :specified...:=::- :- -_ 23. district -that_at least 50 percent-of.assessable. area (e).-.It -shall on a form'-As.specified by the county 24 :within the district is devoted,--.-to and developed .for: 25 clerk as meeting the"above requirements. `;_- 25 residential,"in or nonagricultural commercial use,- 26 Every appointment of a `proxy .is 'revocable at the - _ 26 or any combination thereof, the-undersigned voters who 27 pleasure of the persba executing it at any time before:tho___ 27=reside_ within_the`�boundaries.of -.the district-hereby .=r 28 person appointed as proxy has cast a ballot representing y 28 ---petition the board;of_commissioners thereof to-.-hold all , 29 the-votes for which the appointment was given: ` : ' :` 29 elections on fhe basis .of a resident voter district rather 30 Sec. 217. - Before a legal representative-..votes 'at., a 30 _than- a_landowner=voter district: 31 district election, the legal representative shall resent to._ 31 .Date Address =: _ _g P P 32 the recinct board a certified co of his or r aut - 32 P PY he hority- 33 which hall k t and -.- c s be ep filed.'with the -returns of..the � _ •�_ �= _ _ 34 election. - - 35 = - 35 -36 Article 4. Alternative Method of Con~uctin 37 = - - . - - _ -- Elections - - __ - -- - - - - - 38 38 39 Sec: 220. Theo voting procedure _within the- district = 39=_ '=Sec: 224: 1Each~petition shall-be signed and dated bye _ . . ; 40 shall be_changed from that of a I :downer=voter district.-district 40_==resideiit'.v©tern_of-=_the_ district and :shall show their: ": "ALL_ ?:: :.,. '�.-*•'.-. 4 1 17 = _ 2p fi 5 Sfi 5 - - - - .- S 1 17 l _residence address _ =. = l-:record and failure t®secure sufficient signatures shall not �__. 2 Sec.225., Each_page of the petition which contains the, 2 2 prejudice the-later--,filing of 6-Eitirely new petition. _-3 signature of one -or more registered voters shall show 3 Sec: c.230. If the petition. contains at least 25 valid - 4 thereon the affidavit,of the circulator in the following _._i 4 signatures and if the total number,of valid signatures on 5 form: 5 the: _petition constitutes M percent :or . more of the 6 The undersigned circulator of the .above petition 6 registered voters within the district as of the date of filing - 7 hereby declares under penalty of _perjury -that the 7 -ahe"petition;the secretary shall.,prepare a-certificate_ta 8- circulator of this petition was over the age of 18 years,and - -? 8 that effect.A copy of the- rtificate s` hall be forwarded by 9 that the signatures hereon are the signature of the person 9 .-certified mail to-each person designated to be notified of 10 named and were signed in the presence of the circulator.- 10 the results of the examinationsof the petition:: 11 Sec. -226. All signatures on the _.petition -shall be 11 Sec. .231. At its next regulars`meeting following the 12 obtained within the six-month period immediately 12 preparation of the secretary's certificate, the commission 13 preceding the filing thereof. 13 shall adopt a resolution declaring-that all future elections 14 Sec. 227. The petition shall be filed with the secretary 14 in .the _district.shall .be conducted as a-resident voter 15 of the district at least six months prior to the date of the 15 district-rather-than a=landowner:voter election. 16 next general district election. Attached to the petition 16_ -`Sec. 232.,E 'he_secretary of the district shall file with, 17 shall be the -name and address of at least one, but not : s 17 the-=county clerk a_certified copy:of-the re-solution..The 18 more than three, persons to be notified of the results.of - 18 - secretary-shall;cause a copy the resolution to.be 19 the examination of the petition. 19 published once a.week for three successive weeks in a 20 Sec. 228. _Within 30 days of receipt by the secretary } w , 20 -newspaper of general circulationithin the district. 21 ..the petition shall be transmitted to the registrar of voters 21 ' Sec.--233. -_=After adoption of the;resolution by the I: _ - 22 commission, all 22 -and verified as follows: elections within-the district for elective . - 23 - --'-(a) The registrar of voters shall examine the signatures 23 offices, bonds;_'or- other purposes shall be conducted 24 and from the records of registration ascertain whether or _ 24 - under laws- relating Hto resident_.-voter districts and all;- 25 -not the -petition is signed by the requisite-number of 25 --provisions of this article shall.prevail_over any contrary_ 26 .' registered voters. 26, provisions in-_this zacf relating ; o._ landowner voter 27 (b) . The registrar,of voters shall attach to the petition 2T=, procedures,�: = - - 28 a certificate showing the total number of valid signatures 28 Sec: 234. All.commissioners_J ereafter 'elected shall 29 thereon, the total number of registered voters within the': ° 29 be residents aril qualified voters of the district at the time 30 district as of the .date of_filing -the petition,-and a j 30 of their._election- and during-:their term of office.-The 31 _determination as to the sufficiency of the petition.' 31 commissione-rs.need riot be landowners. 32 -Sec. 229. - If the number of signatures is not sufficient, r 32 Sec. .235. : At, the; first election of_."commissioners ". 33 a supplemental petition, bearing additional signatures, 33 =following the adoption ,of the resolution by the - 34 may be filed with the secretary of the district within 10 34 commission establishing a resident ;voter district, .the 35 days from the date on which the registrar of-voters 35_ number of corinnuissioners to be elected shall correspond _ 36 certified the results of the-_original petition. The-- . 36 with the-number of con-nissioners`whose terms expire. 37 supplemental petition _shall be verified in the same 37•, The-com'nissioners`whose- terms"'have not expired shall 38 manner as the original petition, If the signatures on the 38:: serve theiry unexpired=terms tinder the .qualifications to 39 petition are still insufficient,'•no_action-shall be taken''-, =` 39 ;=-hold, office=ttiat=existed prior-vto_,the, adoption of the 40 thereon. The petition shall-.remain on file as a public_ 40 resolution,establishing ea`resident voter_district. �aw ; 22 1 Sec. 236. The "ad_olition of a'resolution changing the r:_ 1 v,inta;_divisions sha1 '`-not affeet}J= the term" of any = 2 -method of votinig�shall in no way invalidate any prior " 2 commissioner until- s. or her term expires. ' 3 of the district, its cornnnissioners, officers, or_employees. . :.p _-a3 ; "= Sec. 245. x At least $8 days prior.to the next general _ -_- 4 - Sec. 237. Any bonds, promissory notes, contracts,�or -' -x 4. district election,-the,board of supervisors shall designate 5 other obligations of the district, authorized or issued m 5 -the divisions from.vvluch commissioners shall be elected. 6 -any manner provided bylaw, and d any proceedings taken 6 The`number- designated shall !equal the number. of _` - 7 by the district in e�onnection therewith, prior to .the - 7 _-'.60 missioners-.to.be elected at that election. At the next -8 adoption-of the resolution changing the method of voting, _ 8 succeeding general-district election, the commissioner`s 9 shall not be affected by-that resolution and the obligations 9 shall be.elected from the remaining divisions. 10 shall continue to: be legally authorized or issued 10 Sec: 246.= =At the tune the district is established as a- 11 'obligations. - - _°`_ 11' resident votei4district-and whenever thereafter sufficient 12 12 change in the population occurs in the district which, in 13 Article 5.- Establishing I3ivisions 13 -the discretion of the commission, makes it necessary to 14 14 relocate the boundary or boundaries of any division or 15 Sec. 240. The district may be divided into as many 15 - divisions,the commission shall,by resolution,relocate-the: 16 divisions as there are-commissioners of the district. 16 boundary des of :the-;'division or divisions so as to' 17 -The establishment of the-divisions and the boundaes 17 equalize,:as`nearly as may be practicable,-the'population 18 - thereof shall be made by the board of supervi ri sors, which 18 in the -respective =divisions.- _However, no change in _ 19 shall make that division, if requested, by a resolution • - 19 division boundaries shall be made within four months 20 passed by a majority of the commission or upon a petition 20 .immediately preceding the election of any commissioner, 21 signed .by a majority of eligible voters within the 21 and no change shall work a forfeiture of the office of any 22 boundaries of the district.The resolution or petition shall 22 commissioner. The' relocation- of boundary lines of 23 be filed with the board of supervisors at least 120 days '_. 23_ divisions may be made without regard;to-the places of 24 before the next general district election., 24- .residence of the commissioners then in office. 25 - Sec- 241. Before taking action on the petition or the 25 26 resolution_ requesting'the establishment of divisions; the 26 Agticle.6.`-Officers and Employees 27 board of supervisors shall hold a hearing and shall hear 28 an y- -evidence produced to establish the validity of the '=" 28 : Sec:250. -The-officers of the commission shall include 29` petition or resolutions and any further evidence as may be; 29 a president,-secretary; and treasurer, and may include a 30 necessary as to divide-the district into divisions. 30" vice president: . 31 Sec. 242. :-within 10 days after the hearing, the board _ s 31 Sec. 251. ; The commission may consolidate the offices " 32 of supervisors, if it _determines that the -resolution or= 32 of secretary and Treasurer. 33 petition - is --valid,---_ shall immediately order the= 33 -Sec: 252. ; The"duties of the officers of the commission, 34 establishment of divisions in the district as nearly equal 34 #=and any standing�comrruttee thereof, shall be described 35 in area as may be practicable and shall file a copy of the 35 -in the administrative- code of the district.- 36 order with the-co ion. - 36 `.,` Sec.253: ° 'The officers of the district may include all of 37 See, 243. _-.After the entry of the order establishing 37 the follewig: 38 divisions within the district, only one commissioner shall --' .gad` ne chnef executive officer. _ 39 be elected from-each of the divisions so established.'.- 4 _ - 39 _;. fib, y' e fnnane officer. _ -40 See. 4. ::.,`� he-entry of the order dividing the"district K�c� : n Otto ey>=-P " - - _ _ __ — >`:..i_' _s.Ay, - __ '•�"-" _- - _ _ _- _ Via. .. _ 3 517 �,�?.� - �r�` _1 - devise-:Issas-"or otherwise-;acquire, hold and enjoy.-­­ gift, ' A chief�ne��. _« r°= 9 _ 4 - =( � - - 2:and lease-and dispose.of, real-oid personal property.of. " Sec. .�--All a rs d::'e pl6 ees ;the`die rict_.. 3 -shall be appointed �Y the cornrinissiori and serve at its __� 3 every kind within orzoutside ofathe district, necessary to 4 .pleasure when those"positions are required to be_filled ; 4 the full or, convenient exercise:,of its powers: 5 and • shall _not_ be :.;concurrently employed,: by _the 5 -- Sec. -303. The district may, exercise the power of 6 landowner/develObr-.corporation '_:-y. `?-_= _ = t 6 ;eminent domain :to acquire,or- improve any:property_ " 7 Sec. 256. The cegnanissiorr;` except= as_ the 7•�necessary or-convenient to thepurposes specified in this 8_ 'specifically provided?;:shall :ra�anage and conduct -the g S act. T'he district shall have no power of eminent domain 9 . business aid affairs of the district and inay-delegate its -� 9 . outside its boundaries. - 31Q-_rowers to any officer,-ar employee of.thedistrict.:`; „Y. _ 10 -` Sec.304. - 'The district may issue bonds,borrow money, .r 11 _ See: 25T. 'I've rules, responsibilities,=and procedures is l lT and incur indebtedness as authorized by this act. = 12 for the officers of the district shall be described in the y 12 -- The district may also refund 'any indebtedness as `13 administrative cods-of the district and shall be exercised 'rL 13 _provided in this act or any other applicable law, and may = '14 according to the policies and standards-established.bythe =�� 14_ also refund any indebtedness by the issuance of the same - _., - 15 - type of obligations as those refunded and following the . 15 ' coinn�ission._ 16 : ;;=Secs All meetings of the`cornxnissgori'shall be he-lid .. .` 16 _same procedures as at that time may be applicable to the - }'17 ;mod conducfed pursuant to Chapter 9 (commencing with 17 issuance .of 'those obligations;' and may .retire any 18_.:Section 54950) of Division 2 of Title 5 of the Cpovornm--nent 18 _-indebtedness or lien that may exist against the district or 19 Code.i°The commission may meet 'as :frequently as -is ' 19 its property. 20 - .necessary to satisfactorily conduct the business -of the =_ 20 Sec. 305. :--.As to any service which the district may 21 .district, buts meet no less than sic times in any one 21 perform pursuant to this act, the district may contract for F. - 22 calendar year. 22- the performance of that service with the county, the city, -23 --- Sec. 259_=-Compensation' for the co °ssioners,=sha1 � another district, or any agency of the state or of the - _ 24 .be wed in the--administrative code In an-am" not to'," 24--.:United States, except as otherwise provided in this act. 25 exceed one hundred dollars ($100)-per-. ay for each day's 25 Sec, 306. In order to carry out this act,the district or '. 26-_attendant a at nieetuags of the`comrnassioii. or f`or. each 26 its authorized representatives have the right of access to, ; -27 day's service rendered as a_cony miss o_ner_by_request=Qf__=' 27.::and may to_the-_extent permitted by-.the laws and 28 : the co i ori, not`fo.exceed a .total ®f.sip days �n ally --Constitution of -the state; enter upon land within the 29 eaten month,together with the reinlbiirsersie it of ally°'.= 29 district.' . -- 30 expenses incurred in'the performance of duties required 30 :The'.. entry..1 of .the district .y.or its authorized 31 or authorized by the comrnissi®n: 31 representatives does not constitute,and does not give rise - 32 t, an cause of action in favor of the owners of the land 3. GEx��i.- POWERS v - 33 except _ for injuries resulting =from negligence, Y - - _ 34 ;'wantonness, or malice. 34 35_.,. Sec. The has:the_ p®bier Renerally -tq,: , Sec. 307. -The district may-execute, by its president -36,"perform all acts necessary or proper to carry®ut fully this` 36 and secretary; : all ..contracts and .other documents _ 37. act. 37 necessary to carry out the provisions of this act., M' =- ` Sec. 308. - The district may commence and maintain 3� Sege 301. The �- ion_�ay adept;a'sealfo� _ _; _- >y 39 -piny actions and proceedings to carry out its purpose or y :- - •` 39 district 2nd adte- at at Leas 6� ;:; .+ y =protect its nnteges s and anay -defend any action or 4'0 Sec. 3M ` e die ct � t�s 1'��r g !. `�-pWc�na��e _�,. A 26 SBA517 -ig b0u& gainst i of intention,'set a dat and giV&'xiotic'e of a public hearing: I pr6ceedii t. e ]info 'the or --e lishing the rul 2 -Sed. 309.--- The- ma to rmation to - - dissemm - 2 proposed ordinance stab es and C- licies -and 3 regulations. Th 3 tbj6 jpublic­ oxic6 the'righis'properties,p notice shall describe prope e, o e resolution and - 4 activities of-the distri irides -and regulations a- d wo­ - 4 the scope and nature of th6 n e The all adopt an e commission shall 5 indicate the - 5 S&- Penalty for violation thereof 6 administrative code---,-for* the._district.,-which-.-code shall V 6- _.Notice shall be provided pursuant to See-tion-6061 of the 7 -Inchide, but not-necessarily-be limited to, the.following: 7- Government Code, In addition;�the 6ty'and the county 8 (a)- The organization of the -commission and the duties 8 'shall be-provided with 10 days'-whitten notice of any 9 of its officers and committees. 9 public hearings. 10 - (b) The.- duties'�,4-- and the -extent and .scope- of 10 See. 314. --After -the rules. and regulations have been x tive officer'of -.effect d -more,-:-any-, ,41 delegation of a to the chief'b'e' cu 11 adopted -and in e are days or 12 the district. 12 violation thereof is a misdemeanor. ;-- 13 -c) The rules- aria"regulations governing employee 13 Sec:315. The district may enter into agreements with '.,'. -14 standards, wages,. benefits, and general duties. 14 the United States for purposes-of aeeepting repayment of (d) The, rules governing the use 6 f J5 15 the federal funds to construct-such improvements'and 16 property -owned -by3'Dthe district and 'establishing the 16 facilities as may be authorized pursuant to federal, state, 17 conditions under which -the district Will en age in and in'.Seetkm-4449 of -- 9 17. and local laws, and ea 18 W&Nef Reqew-e�4- :18 maintain its services.;,.�, Deve6pftletA Aetlef+986-;'tftd for the 19 hich the commission shall (e) The manner in w all meet,eet,'- 19 repwtmeftt of glese :aft eef+aia eenditiens ft 26 legWate, and generally conduct the business of the 20 previ&d ift Seetien 9W*of tho aet,as described in the 21 district. - 21 Water Resources Development__Act of 1986, and::to 22 sec. 311. : The"co, fig o.n nissi may.adopt, by ordinance, A maintain perpetuity the oc-edn'entrance' 22, operate and maln 23 rules and regulati6ris -to --be -incorporated into the 23 water ways, and associated JaciUdes.' :- ve code,-of district, and may' provide -Sec.316. .The district may join with the . 24 administratil the 24 wi United States' "­ c 25 -therein the 'conditio'n's and circumstances under which 25 the state, the county, the city,'a district,-or other public -26 the district shall furxiish services or facilities to persons or n -or any:..,,. 26 or -.:private -corporation, or one 'or more 27 laiids i4orithin or`.outside of thedistrict or to carry out any 27-combination thereof,for the'purpose of carry ing out any 28 other provisiorLs--of-this-act.-iRclug provisions- din- for the t 28 --of the Powers of the district? _including,. ding, -with6ut ,­"-. e.-fid&icing of,acquisitions,' harges, assessments, and me ofi for th 29 collection 6f-fees,,-c a the thod 29 limitation,'p rbvisl 30 of - -enforcement -,,mcolledtioh, and -.: penalties -for I 30 construction, developments, anA operation. 31 -noncompliance 31 'Th -rul dregulatio that "I See. 312.',,, e,,,. es an ns may.provi. e 32 CHAJITER 4. WETLANDS CONSERVATION AND STATE' 33 the facilities'.o-r oth eft services authorized by this act shall - 7 ILikNDS- 34 not be furnishe- t-6 '(1) -�ersons"w ho-v' iolaie the mules and -d, 34 35 regulations or against*ho,M' there are"delinquent water, 35 AT-t4ele -1-. GenereJ 36 Sewer, standby, facie, or_other -akher"chifies,-6 r-pen'penalties or 36 -37 interest on any of th6sp charge cr- (2) land against which 37 sm- 4M 3n tee. zy out �he Beim Ghie�t"d wy 38 Use 'NmVzze 39 Se&3M ys pnorIto E -a'do' Pting the rules 39 m&She Depwtnevnt Z Rah-a"GM916 ihiz�l shk adopt a 7'esolution 4o a 1 confirming the fact that the described lands are no longer _2 �# 2 within'the di e strict. 5 , - _ 3 3 -A certified copy of the resolution shall be filed with the 4 Gefflffliqqie of &,,, - 4 local agency formation commission of the county, at .: 5 r- use 5 which time the.detachment shall be deemed complete - - 6 6 and all assessments, taxes, fees, or liens, thereon -7 *a, _ to-,the jeffA e`ae e€�: = 7- discharged: g _' . r =. 8 Sec. 407 Upon acquisition `of additional lands by the g Re- e€ 9 state within the'district, those lands shall be detached I.Mtds to 10 From the district.by_the recordation-of a deed from the :x 11 owner to the state and all assessments, charges,'liens, 12 aft a -eefi� _ 12 taxes, or fees thereon discharged. 13 ef wFt kn4s w4thift tl e 13 - 14 _diqt4et to tele the aetwm agreed upen by the -p"+ieq to 14 Article 3.' State Joint )Exercise 'of Powers with the 15 15 - District 16 1' 16 _ _ :'18 ° - 18 See.- 41�5 The ': State Farads _-Commission, -the 19 = - 19 Department of Fish and Came, and the district- shall 20 Article. 1. . liestoration of Wetlands and Transfer of 20 enter into a joint powers or other agreement for the joint 21 - Additional Lands to State 21 exercise of powers relating to the respective parcels of _ -22 Sec 400. 7'Iae districtshall enteranto an agreement with 22 property within-Bolsa Chica. _ _'=23 the State Lands Commission and the Department of Fish 23 The agreement may provide for, among other things, 24 and Game, the owners ofanylarsds within the district - 24 the of the' - 25 _glee project proiionents to take any and all actions agreed . 25 the wetlands; the allocation of money and upon to la ment-wetlands restoration9, r : 26 -revenue -collected from district..and state lands; the =_ 27 perpetuity, and to exercise all of 27 provision.of services by the district to benefit state lands;'. peers:set` forth in thi's act to ensure complete 28 and the operation and maintenance of the harbor facility: -. 29 _ oration :of:-4h6%►.vetlands. by implementing the' - 29 Sec.-..416. -The-Department-=of Fish and Game, in 30 wetlands restoration plan in compliance with the 30 cooperation with the State Lands Commission, and the _ 31 .cerataf'ed Bo)sa Cliiea Local Coastal Program._._ =j 31 district shall_ annually adopt a budget and management -32 - .'°'If the state ac4uire_s ownership of additional 32 program to implemenE the wetlands restoration �3 -lands within the district, those lands shall be detached - 33 plan. In addition and as an intergral part of the budget_ -34 - from the district.bt-`the execution, acknowledgement, 34 and management progra , detailed provisions shall be 3<5 and recordation-o£ a'deed from the owner to the state. 35 made for the ongoing maintenance and preservation of a' `36 = state hall notify the district,in waiting,of that fact 36 fully functioning viable wetlands habitat . .and - 37 -�d Me p�®posed deed with the distract at_tine time of 37 environmentally sensitive habitat area pursuant to the - ' - 3g -_;mph .0 � e'pt of that notice-and deed, the district 38 certified local coastal program. . �i ,7)kkM M as irik� d6n set4nS'ffoPth �he le-gal description 39 The dial -Hn� parties shy `c� �c �` f -°'„ca 1, i _:fie deed, after execu� ion, Q provide, An the agreemena described in Sectaon 415, the - SB 1517 - 30—. _ ®31---- SB 1517 1 means by-which funds.shall be�identified and obtained 1 from irrigation, ,commercial; and residential sources, 2 from local and -other sources, including the wetlands J 2 from either within or outside of the district, that present 3 conservation fund,-to administer the wetlands restoration_ 3 a threat, potential threat, or that would adversely affect 4 pfegf-affi plan and the ongoing maintenance program set 4 wildlife, _wildlife habitat,- or ,ecological balance of the 5 out above in perpetuity. 5 wetlands, or the harbors, waterways, or public roads. 6 6 within the district. - 7 Article 4. -Abatement of Solid Wastes 7 - To the,extent that those-other agencies do not have g 8 specific jurisdiction or programs to control or manage 9 Sec.420. For purposes of this chapter,the district may 9 those flood, storm, or runoff.._waters, the district may 10 acquire or lease equipment, construct appurtenances,- 10 control and manage those waters. _ - - 11 hire personnel, or`enter_ into contracts with private- 11 Sec. 426. _ In carrying out this-article, the district shall 12 persons or other governmental agencies,to abate,collect, 12 cooperate with and comply with the ordinances, policies, 13 and dispose of solid wastes ; the -presence of which = 13 and rules and regulations of the Orange County Flood 14 threatens or potentially threatens the public health, 14 Control-District. 15 wildlife, or the wildlife habitats in the district. - 15 16 Sec. 421. This article is supplemental to state law and 16 CHAPTER 5_. SMALL CRAFT-HARBOR OPERATIONS_ 17 local ordinances govering the control and abatement of 17 18 solid wastes by public health agencies, and any programs 18 Sec.500: . If an ocean entrance and harbor facilities are 19 or activities undertaken by the district or any rules and 19 approved in accordance with applicable laws, the district 20 regulations adopted pursuant to Section 311. 1 20 may enter into agreements '-or contracts to operate, 21 The purposes of this article shall be consistent with the ' 21 maintain, construct, or develop all, or any portion, of 22 policies, programs, and rules and regulations of any state 22 these facilities with any federal; stale or state agency, 23 or local agency having primary responsibility for the 23 county, city, district, _er- , or any combination 24 control or abatement . of solid waste within, Or'. 24 thereof, having jurisdiction over or authority to manage 25 immediately adjacent to, the district. rz 25 those ocean entrmiee h*rbed- &egities: entrance and 26 Sec. 422. For purposes of this article, "solid wastes" A 26 harbor facilities. Nothing in this chapter requires any of -27 means all putrescible and nonputrescible solid, 27 the above governmental entities - to enter into - 28 semi-solid, and liquid wastes, including- garbage, .trash, 28 agreements or-contracts with the :district even if the 29 refuse, paper, rubbish, ashes, :industrial wastes,- 29 governmental entities acknowledge and agree that the 30 demolition and construction wastes, abandoned vehicles _ 30 operation of the small craft ,harbor will involve the 31 and parts thereof,- discarded home and industrial 31 district and private parties and that the activities. of all 32 appliances, manure, vegetable or. animal solids, and y 32 involved parties shall be coordinated 33 semi-solid wastes, and other .. discarded- solid and _ 33 - Sec. 501. The m ' t may agreements or contracts -34 semi-solid wastes. 34 entered into pursuant to Section 500 may authorize the 35 - 35 district to acquire, construct; reconstruct, improve, 36 Article 5. Flood Control 36 repair, develop, maintain, and operate, a harbor and all 37 f 37 facilities appurtenant thereto; connected therewith or . 38 Sec. 425. The purpose of.this article is to provide for ; 38 incidental thereto, ; including,_'- without limiting the 39 coordination with other governmental agencies having= 39 generality of the foregoing, the following: 40 jurisdiction to Control flood and storm waters, or runoff= (a) The acquisition, reconstruction, repair, and SB 1537 - = —32— - m 33— : : .SB 1517 1 maintenance of- vehicle -parking _areas, landscaping, 1 � T `: of .- ,. -: 2 appurtenant :utilities, bulkheads, seawalls, wharves 2 district for the_ _dse- harbor,facilities and an ocean.._ � ,- PP - R - ,: y- _ 3 -docks,ways, ferry slips, warehouses, streets, roads, drives, 3 3 entrance-".may include, but are not limited to, the 4. parkways,- avenues, approaches, : marinas, aquatic t 4 following: 5_ -playgrounds, beach parks, bathing beaches, and other 5 (a) .The. regulation of anchoring, mooring, towing, 6 recreation - facilities,- together with structures and 6 wharfage, and dockage of vessels and the establishment. -7 facilities incidental thereto, 7 and collection of rates, fees, and charges therefor: -8 (b) The acquisition, construction, . reconstruction,.= 8 (b) The establishment and collection of rates,fees,and -9 repair, maintenance, operation, development, and 9 charges for service. from or use of any of the facilities, j 10 owned, controlled,furnished, or operated by the district. 10 regulation of fueling, loading and unloading, .towing; -I!- repairing, warehousing, shipping and reshipping, and 11 (c) The'supervision :of pilots`and the pilotage of all � - 12 other facilities, aids, equipment, or property necessary 12 vessels within the_harbor facilities and navigable any:_ 13 . for, or incidental to, the development and operation of 13 ocean entrance and the establishment and collection of 14 the harbor. 14 fees and charges.therefor. 15 .(c) The acquisition, construction, reconstruction,,-, 15 (d) The issuance of licenses and permits for privileges 16 - repair, maintenance, and operation of fire protection T 16 to be exercised in and about-the harbor facilities and -: 17 apparatus, and sanitary and other facilities necessary for: .17 any ocean entrance upon equal terms and the 18 the proper protection of the harbor. - 18 establishment and collection of rates, fees, and charges = r 19 (d) Adopt rules and regulations for the use of harbor ` 19 therefor. Funds -collected pursuant to this section shall - 20 facilities and the navigable ocean entrance. 20 first be utilized for sand replenishment purposes as 21 Sec. 502. Any county, city, or other political = 21 specified in Section 509. 22 subdivision or agency of the state, hereafter referred to 22 . Sec. 505. _ The- district may-sell and issue franchises'.: 23 as "public agency,"-which has been invested by grant relating to the harbor facilities and � � any-ocean . 24 from the state with the ownership, possession, control, or 24 entrance and-its works, appurtenances, properties, and 25 management of tidelands and submerged lands or any 25 rights in accordance with any procedure which may be �= 26 . other :lands lying under, washed by, or abutting the 26 prescribed by ordinance. _ =. 27 Pacific Ocean,or inland waters of the state,including the 27 Sec. 506. . The .district may_ advertise-its advantages_ 28 beds of navigable rivers, streams, .lakes, bays, estuaries, 28 and solicit business within or outside the district,-withiii -:_ _ µ 29 inlets, and straits, may, with the prior written consent of 29 other states or .any - foreign countries, ._through ' its` `= 30 the State Lands -Commission, agree in writing that the 30 employees or agents_ ` 31 , district shall, for the term stated in the writing, have all 31 Sec. 507. - For .the purpose of carrying out fully_this 32 .or any right, title, and interests of the public agency and 32 chapter, the district may enter into an agreement with-- 33 - exercise all or any jurisdiction of the public agency in the 33 the state or the county, or both, for the operation and _ 34 lands over the lands or any portion thereof. 34 maintenance - of any of the facilities acquired, 35 . Sec. 503. ' The district may lease any property, 35 constructed, or within the jurisdiction of the district _ 36 _whether real or personal and any interest therein to, of, 36 pursuant to this article, including state lands.. 37 and from any person, -firm, or public or private ' 37 Sec. 508. All or a portion of the harbor facilities. and 38 the . be ,, .� �.,...� a -.. :,� corporation, or . public agency with the privilege of - { : 39 purchasing or otherwise. 39 to the 40 , Sec. 504. Any rules and regulations adopted by the 4, 40 navigable -ocean entrance may be constructed if the _� SB 1517 _ ® 34 35 �`-� SB .1517 ® ��_:� 1 federal project is approved consistent with the Water 1 - `Article 2. Sewer Facilities 2 Resources Development Act of 1986. 2 - 3 Sec. 5N. If an ocean en ce is authorized and = z . 4 constructed, the district shall maintain the sand supply to _3 Sec. 620. The district may acquire, construct,furnish, B�i�t d, the district 4 maintain' and repair facilities , for the collection, 5 the •la\.µ „ ete Beach':o that the mean high tide 5 transportation, treatment, and disposal or reclamation 6 line does not retreat landward from the line existing prior 6 and reuse of sewage. :_ . 7 to construction of the ocean entrance. . 7 Sec. 621. . Any sewer systen%designed and constructed,'.' 8 1 8 by the district and any impr in ovements thereto shall be 9 CHAPTER 6. 'WATER AND SEWER FACILITIES g designed- and constructed accordance with the, 10 10 requirements of the city for .those facilities-,. shall be . . 11 Article 1. General Provisions s 11 compatible and connect with,the existing systems within-: ` 12 = 12 the city, and shall be approved by the city engineer. 13 Sec. 600. The district shall finance and construct 13 Sec. 624. The district may construct its sewers in 14 water and sewer facilities necessary for development of 14 public streets or roads and in its-rights-of-way and, for . 15 the property within the district. 15 that purpose, may enter upon those lands and make all 16 Sec. 601. At the time of connection of any residential j 16 necessary and proper excavations,restoring the land and 17 or commercial structure, improvement, or -group of f 18 structures or improvements to the water , or :sewer A7 improvements to,proper condition. = 19 systems acquired or constructed by the district, the 18 The work of.restoring and repairing any public street 19 in the district.shall be done under.the supervision of the- 20 district shall dedicate and the city shall accept dedication 20 city department of public works at cost to the district and 21 of all portions of the water and sewer systems necessary 21 in accordance with the standards established by the city. 22 to provide water and sewer service to those structures or < 22 - Sec..628. The district may_require any resident or 23 improvements. = 23 property owner who desires to have any structure 24 Sec. 602. Upon dedication of all or any portion of the 24 .connected to a district owned or operated sewer system 25 water and sewer system to the city, the city shall 25 to pay a proportionate share of the cost of that system if 26 thereafter provide water and sewer services on a uniform 26 the property upon which the structure is located had not 27 basis without discrimination to all properties with water = 27 been assessed for its share of the cost of the acquisition, 28- and sewer connections on the dedicated portions. The 28 construction, or installation 'of,the sewer system--or the 29 city shall operate the system to allow the nondedicated 29 landowner had failed to pay the assessment. 30 portions to serve the project area in a timely and 30 - 31 reasonable manner. 31 Article 3. Water Facilities . 32 Sec. 603. The city may impose a water rate and a 32 33 sewer fee for the provision of water and sewer services to 33 Sec. 630. The district may acquire, plan, construct, 34 users within the district which will cover the cost to the 1 34 maintain, improve, and repair the`necessary works for 35 city of providing -those services, including a reasonable 35 the production, storage, transmission, and distribution of. 36 surcharge. 36 water for irrigation, domestic, industrial, and municipal 37 Sec. 604. At the time of dedication of the water or 37 purposes. 38 sewer systems to the city, a connection fee shall be paid - 38 Sec. 631. Any water system-designed and constructed.: . 39 in an amount specified by applicable city ordinances. 39 by the district and any improvements thereto shall be -40 designed and constructed in'-accordance with the SB 1517 —36— ®37— SE 1517 1 requirements of' the• city for the facilities, shall be- £ 1 CHAPTER 7.- FINANCIAL PROVISIONS 2- compatible and connect with the existing systems within 2 - 3 the city, and shall be approved by the city engineer. 3 = Article 1.- Annual Budget 4 Sec. 632. The city shall supply and deliver water to 4 5 the area during the development stage of the project at 5 Sec. 700. The commission shall annually provide for 6 a reasonable charge for providing those services, plus a 6 the appropriation of money for•-the use of the following 7 reasonable surcharge. 7 funds: - 8 8 (a) A general fund whicht-shall consist of money 9 Article 4. Alternative Provisions 9 received by the district and not specifically appropriated 10 10 to any other fund and may be allocated for the operations 11 Sec. 640. If the city is unable, or refuses to.accept 11 and maintenance of.-district ::facilities or services not 12 dedication of the sewer service or water system or 12 apeeifteally fully supported by any other fund. 13 provide services related thereto, until such time as the 13 (b) A wetlands ~�er- eme__ restoration fund which 14 city is able or consents to provide those services, the 14 shall consist of 'money received from any source, 15 district may contract with another agency -for the _ 15 including district,revenues specifically allocated for the 16 services. If no such agency is available, the district may r 16 purposes of Chapter 4 (commencing with Section 400). 17 acquire, control, distribute, and sell any water, and 17 (c) A :wetlands- maintenance -and operation fund 18 provide sewer service for the beneficial use or uses of the 18 which shall. have funding preference over any other 19 district or its inhabitants.The district may impose a water ;: 19 funds specifically.allocated for the purposes of Chapter 4 20 rate and a service fee for provision of water and sewer 20 (commencing with Section 415). 21 services within the district pursuant to this section. 21 (d) A federal cost-share fund which shall consist of 22 Sec. 641. Any groundwater production activities of 22 money received from revenues specifically allocated for 23 the district shall be undertaken in compliance with the 23 the purposes of Chapter 5 (commencing with Section 24 well registration, replenishment assessment, and basin 24 500). 25 equity limitation and assessment provisions of the 25 4 - 26 Orange County Water District Act (Chapter 924 of the 26 (e) -A bond redemption fund which shall consist of 27 Statutes of 1933). 1 27 money received from revenues specifically allocated for 28 Sec. 642. The district shall not store water within the = 28 the payment of interest and principal on any outstanding 29 Orange County groundwater basin,nor shall it undertake 1: 29 bonds of the district. `= - 30 any groundwater replenishment or groundwater 30 {e+ 31 management or regulation functions without first 31 (1) A sand replenishment fund which shall consist of 32 securing the consent, by resolution, of the governing r 32 money received from any source, including -district 33- body of the Orange County Water District to conduct 33 revenues, specifically. allocated for the purposes of 34 those groundwater storage, replenishment, 34 Section 509. 35 management, or regulation activities. 35 Sec. 701. On or before June -15 of each year, the 36 Sec. 643. The district shall not sell, distribute, 36 commission shall adopt a preliminary budget which shall 37 transport, or convey groundwater produced from the 37 conform to the accounting procedures for special districts 38 Orange County groundwater basin outside the 38 and the budgeting procedures'for special districts of the 39 boundaries of the Orange County Water District. x 39 California -Administrative Code. Copies of the 40 preliminary budget shall be forwarded to the State Lands _ R 1517 - = m 39— - SR 151`l _ _ . 1 Commission and-tlie Department of Fi h and Garrie"b 1 pursuant to Section 53635 of the Government Code. -� 2 "July 1 of each year.- _ _ : _. 2 ;f 3 Sec. 702. The ;preliminary budget shall provide 3 Article 3. :Federal Repayment, Assessment 4 appropriations from the general fund, the= wetlands 4 5 conservation fund, . e 5 Sec. 730. Prior to the adoption .of the preliminary 6 6 budget each year,-- the � chief executive officer shall :the federal cost-share-fund, and the 7 prepare a report_.estimating _the amount of money 7 redemption of any;;long or short-term debts of the g needed for the purposes of the federal cost-share fund. 8 district. _ 9 Sec. _ .703. By-:-September = 15 of ._each year, 9 Sec. 731. - If the "commission determines that the y the 10 money-. available - in---the federal cost-share fund is 10 commission shall adopt the final budget. Copies of the 11 final budget- shall be forwarded to the State Lands 11 insufficient to meet the amount estimated by the chief 12 Commission, the Department of Fish and Game, the city{ 12 executive officer, the commission shall adopt a resolution 13 and the county. . - 13 of intention to levy an assessment within the federal 14 :. - - 14 repayment:district established pursuant to Section 800. ~ S 15 Article 2.-' Administration of Funds 15 Sec. 732. ;"The resolution of intention shall specify the 16 . __ _ _ X= - _- 16 amount of money needed to be raised by assessment and 17 Sec. 710. The commission may establish and transfe 17 establish a date; place, and time for a public hearing. --.18 money from the general fund to any other funds it deems 18 Notice.of the hearing .shall be .published pursuant to 19 necessary to carry out this act and allocate revenues td 19 Section 6066 of the Government Code, and specify a 20 the funds in lieu of allocating them to the general funds 20 place and time where the resolution and report of the 21 No revenues specifically allocated to the funds described:- 21 chief executive officer may be seen by interested persons. be 22 - 'Sec. .733. Prior- to the hearing, the commission shall 22 in subdivision (b), _(c), or (d) of Section 700 may 23 transferred or allocated to any other fund. 23 determine the need to establish a zone or zones within 24 Sec. 711. The commission_ may, pursuant to Section 24 " the federal.repayment district. Each zone for which an 25 53653 of the Government Code, invest surplus money 25 assessment shall be levied shall be established pursuant to .26 available from_any.fund and may pool money from two 26 Article_2 (commencing with Section 810) of Chapter 8 : 27 or more funds for investment purposes.. 27 and referred_to as.a_participating zone. 28 The—commission -shall determine the proportional 28 Sec. 712. If the,commission pools and invests Tnoney 29 amount of the total assessment that shall be borne by each 29 from separate funds, a portion of the earnings received 30 from investment shall be allocated to each .fund iii 30 participating-zone based upon .the benefits derived by 31 proportion to the�amount contributed from each fund to 31 the respective zones. 32 the investment pool. - 32" It is declared:that, for purposes of any assessment 33 Sec. 713. - The Treasurer shall, pursuant to Section 33 levied under this article, the property so assessed within 34 53646 of the Government Code, annually render to the. 34 -a given zone is equally benefited. 35 commission a statement of investment policy and shall' 35 Sec. 734. ..--_At the time and place fixed for the hearing, 36 or at-any time to which the hearing may be continued, 36 provide a detailed monthly report on all investments; 37 the commission shall consider all written or oral 37 including the types of investments, the rate of earnings 38 of each,and the distribution of investment earnings. ` . 38 objections :to :the proposed assessments. During the 39 Sec. 714. All money in custody of the district not= 39 course of the hearing, the commission may establish new 40 otherwise invested shall be deposited for safekeeping' 40 zones or exclude established zones from participation, SB 1517. —40-- _ _ - ®41- SB 1517 1 array change the boundaries of zones; ,or-may reduce or. 2 - increase the amounts_ to be assessed within each zone. ` 1 pursuant to the Benefit Assessment Act of 1982 (Chapter 3 Sec. 735: At the . conclusion of the-.. hearing, the`. -2 6.1 .(commencing with Section'�54703) of Part 1 of 4 commission- may abandon the _levy of_ the. proposed ` 3 Division 2 of Title 5 of the Government Code). 5 assessments or approve them as originally proposed or as 4 Sec. 752. All county officers charged with the duty of 6 amended during the course of the hearing. 5 collecting taxes shall collect, upon request of the 6 commission, district assessments levied pursuant to this 7 Sec. 736. If the commission abandons the levy of the' 8 proposed assessments, no further proceedings'related to 7 chapter with the general county taxes, with the same 9- assessments for the federal cost-share fund may be-1 8 penalties and interest, and, when collected, shall be paid 10 . undertaken fora period of not less than six months':' 9 the district 11 -following the conclusion of the hearing:_ _1 . 10 -Sec. 753.' .Assessments levied_pursuant to this article - 12 Sec. 737. If_ the commission approves the levy of 11 shall be a lien on all of the property benefited thereby. 13 assessments, no additional assessments related _to the. 12 Liens for those assessments shall be of the same force and 14 federal cost-share fund may be implemented for period 13 effect as other liens for taxes, and the collection may be 15 . of not less than one year following the-effective date of 14 enforced by the same means-as provided for. in the 16 the levy of the first assessment. _ 15 enforcement of liens for state and county taxes. 16 Sec. 754. - '" , �� �.. ,,�A� n „�, an }• h=�-apt _ 17_ - - Sec. 738. Revenues'generated through'assessments_ 17 all be li 18 levied pursuant to this article shall be deposited in the 18 value of th 19 federal cost-share fund and shall be used for the purposes 20 for which that fund is established. 19 - 21 Sec. 739. - Assessments levied pursuant to this-article- 20 _ Article 5. Rates, Charges, and Fees 22 shall be alien on all the property benefited thereby. 21 � �� 23 Liens for those assessments shall be of the same force and 22 Sec. 760. The district may, in lieu, or in whole or in 24 effect as other liens for taxes, and their collection may be = 23 part,of rail' g money for district purposes by assessment, 25 enforced. by the same means provided . for in the 24 make wate available to the holders of title of land or the 26 enforcement of liens for state and county taxes. 25 occupants thereon, and may fix and collect charges _ 27 Sec.740. No assessments may be levied by the district 26 therefor. The-charges may include standby charges to 28 on property outside district boundaries: -- _.r_;--- --_ 27- landowners to which. water -may be made available 29 = = t `; - 28 :whether the water is actually used or not. - 30 Article 4.-_ Improvement and Benefit Assessments 29 The charges may vary in different months and 31 30 different localities of the district to correspond to the cost 32 Sec. 750. The district may levy assessments to.finance_ 31 and value of the service,and the district may use so much 33 capital . improvements pursuant to- -the---Improvement.. 32 of the proceeds of the charges as may be needed to defray 34 District Act of. 1911 -(Division 7 (commencing with 33 the ordinary operation or maintenance expenses of the 35 Section 5000) of the Streets and Highway Code), the 34 district and for any lawful district purpose. 36 Improvement Bond - Act of 1915 (Division 10 35 Sec. 761. The commission may fix, regulate, and 37 (commencing with Section 8500) of that code), and the 36 collect rentals,fees,or charges for the parking of vehicles 38 Municipal Improvement Act of 1913. • 12 t 37 in parking areas under the district's control, and may (Division 39 (commencing with Section 10000} of that code}._== _ -=S: 38 provide rates for different classes of customers or users. 40 Sec. 751. The district may levy benefit assessments- 39 Sec. 765. Prior to faxing or amending fees or charges 40 for the parking of vehicles, the commission shall adopt a - - —43--- SR 1517 S� 1517 2® _ 1 determine annually the_disposition of the proceeds of 1 resolution of intention to do so, which resolution shahbudget� - 2 establish adate,-time, and place for a public hearing nog 2 surcharges prior to-the adoption' of the annual : = 3 sooner than 30 days;after adoption of the resolution oft 3 Sec. 771. The commission may establish a schedule of 4 intention. - 4 charges or fees pursuant to, and, for any purpose 5 Notice of the hearing shall be provided pursuant to 5 permitted by, Chapter 13 (commencing with Section li 6 54990) of Division 22 of Title 6 Section 6061 of the;Governnment Code at least 15 days: 5 of the Government Code: _ 7 prior to the hearing.A place and time shall be'established_ 7 Sec. 772. The schedule for charges and fees shall be = 8 for any interested person to review the proposed fees or; 8 adopted or amended annually prior to the adoption of the _ 9 charges the commission intends to fix. 9 annual budget and shall be considered at the time of the 10 hearing set for the consideration of the annual budget_. 10 Sec. 766. - The proceeds of the fees and charges for they 11 11 parking of vehicles shall be placed in the district's general; 12 Article 6. Real Estate Transfer Tax or Fee 12 fund and expended for the maintenance, operation;; 13 = 13 repair, and improvement of parking places under control_ 14 Sec. 774. The district may not levy any form of real 14 of the commission. : _ 15 Sec. 767. At Elie end of each fiscal year, the;* 15 estate transfer tax or fee for any purpose associated with 16 the Bolsa Chica land development. 16 commission shall direct the district's finance officer to'; 17 - 17 determine if the proceeds of parking fees and charges: 18 Article 7. Short-Term Borrowings 18 were in excess of .the costs of. normal operations, 19 19 maintenance, and repairs. 20 Sec. 790. If money is needed for the immediate 20 If the finance officer determines an excess exists, the' 21 requirements of the district in any fiscal year to pay - 21 commission shall transfer the amount of the excess from 22 obligations lawfully incurred and before receipt of 22 the general funds to the wetlands conservation fund to bed 23 revenues for the fiscal year is sufficient to meet 23 used thereafter for the purposes and duties of the district# 24 payments, money may be borrowed pursuant to Article 24 as provided in Chapter 4 (commencing with Section: 25 7 (commencing with Section 53820) of Chapter 4 of Part 25 400). � 26 1 of Division 2 of Title 5 of the Government Code. 26 Sec. 768. The commission may fix and alter rates of< 27 27 wharfage charges,'slip fees, anchorage fees, and other Article 8. Bonded Indebtedness 28 charges for the-use or right of use of any facilities 29 29 constructed, owned by, or under the control of, the - 30 Sec.793. For the purpose of issuing bonds, the district 30 district pursuant to this act. 31 may exercise the authority and be subject to the 31 Sec. 769. The commission may establish 'am annual . 32 provisions and limitations of Chapter 2 (commencing 32 surcharge, in addition to charges and fees authorized by 33 with Section 35950) of Part 6 of Division 13 of the Water _ 33 Section 768,for use of district-owned facilities,whether or 34 Code. The commission shall have, with respect to the 34 not those facilities 'are under control of the district, a 35 issuance of bonds, the same rights, powers, duties, and 35 lessee, or another governmental agency. 36 responsibilities as the board of directors of a California 36 Sec. 770. Proceeds from -surcharges collected ' 37 water district. - 37 pursuant to Section 769 shall be deposited in the wetlands A 38 Sec.794. For the purpose of issuing general obligation 38 conservation fund or.the federal cost-share"fund or the 39 bonds, the district shall be subject to the authorization, 39 sand replenishment fund for uses for which those funds ' 40 limitation, and procedures of Chapter 3 (commencing 40 are established by.--this act. The commission shall SB 1517 ®45 1r17 1 with Section 36150) or Chapter 3.5 (commencing with 1 CHAPTER $.=- FEDERAL IREPAYMIENr DISTRICT, ZONES 2 Section 36250) of Part 6 of Division 13 of the Water Code; 2 OF BENEFIT, AND I,PRQVEMiENT DISTRICTS _ . 3 The commission shall have, with respect to the issuance; 3 4 sale,- redemption, .and other miscellaneous provisions„ 4 Article 1. Federal Repayment District 5 pertaining -to the administration of general obligation 5 6 bonds provided in-that Chapter 3 or 3.5, the same rights,` 6 Sec. 800. If the district enters into an agreement to 7 powers,-- duties, and:_responsibilities .of the board of: 7 obtain -funds -to construct,'-operate, and maintain- a 8 directors of a California water district. p 8 navigable ocean entrance and related facilities pursuant 9 Sec. 795. For the - urpose of issuing revenue bonds;° 9 to Section 500, - it may establish a federal project 10 the district shall be subject to the provisions, procedures=_ 10 repayment district within all,or a portion of the district 11 and limitations of Chapter 4 (commencing with Section` 11 to repay all federal costs as agreed to by the parties to the 12 36300) of Part 6 of Division 13 of the Water Code. The` 12 agreement. 13 commission shall have, with respect to the issuance, sale,; 13 That district shall consist of lands that will generate 14 and - administration of revenue bonds and other 14 revenues from. any source, which revenues shall be 15 miscellaneous provisions .of that Chapter 4, the same' 15 allocated for deposit in the federal cost-share fund and 16 -rights, powers, duties,and responsibilities of the board o£ 16 used for the purposes for which that fund is established 17 director_s of a California water district. 17 by this act.: -- 18 Sec. 796.. Improvement districts consisting of 18 Sec. 801. The federal repayment district may consist 19 contiguous or noncontiguous portions of the territory of, 19 of separate zones of benefit established pursuant to 20 the district may be formed, and bonds and warrants of 20 Article 2 (commencing with Section 810). 21 the district may be issued for those improvement districts` 21 The types and levels of assessments or charges levied 22 pursuant to Chapter 4.9 (commencing with Section 22 within each zone shall be, as near as is practical, related 23 36410),Chapter 5 (commencing with Section 36450),and- 23 to the benefits received within each zone. The type and 24 Chapter 6. (commencing with Section 36455) of Part 6 of 24 level of assessment or charge shall be_ uniform within 25 Division 13 of the Water Code. The commission shall 25 each zone. 26 have, with respect to the formation 'of improvement- 26 Sec. 802. Zones of benefit formed for purposes of this 27 . districts and the issuance of bonds therefor, the same 27 article shall be established, ._altered, or dissolved as 28` rights,powers;-duties,and responsibilities of the board of 28 provided in Article 2 (commencing with Section 810), 29 directors of a California water district. 29 except that no zone established as provided in this article 30 - Sec.797. . For the purpose of the levy and collection of 30 shall be altered or dissolved so as to impede or hinder the 31 : assessments and other provisions of law related thereto,` 31 district from fulfilling its obligations or responsibilities as 32 the district shall be subject to the provisions,proceedings,` 32 a party to -any agreement entered into pursuant to 33 and limitations -of Part 7 ..(commencing with Section' 33 Section 500. 34 36550) of Division 13 of the Water Code. The commission* 34 35 shall have, with respect to assessments, the same rights, 35 Article 2. Zones of Benefit 36 powers, duties, and-'responsibilities of the board of, 36 37 directors of a California water district. 37 Sec. 810. The district may establish zones of benefit 38 within any portion of the territory of the district. The : 39 zones may be established, providing the commission - 40 makes either of the following findings: SB1517 _ _ _ : _ . _. 46— - - _ :f ®47 SB 517 land =or-,inhabitants `within the zone will_ 1 place_ of residence ao be ascertained. A protest by a _. 2 receive -special beriefitfrom the services or programs 2 landowner_shall contain his or her signature . and a -3 provided within the zone or that special circumstances „ 3 description of the land owned sufficient to identify the 4 require the district to extend a service or a higher level 4 land. A public agency owning land within the zone shall 5 of. service to the area of the zone than that which is 5 be deemed a landowner for .the purpose of making a- _ 6 required in other portions of the district. 6 written protest.,-.._ := 7 _::_(b) -The land or inhabitants of the zone may be subject J 7 Sec. 816. For ' signed by a resident voter, the 8 to additional charges or assessments for the services or 8 secretary of the district shall.compare the names of the 9 programs extended to the zone or for services which are °' g signers against the list of registered voters in the office of 10 provided at a higher level than in,other areas of the 10 the-county registrar' of voters:-For protests signed by 11 district.12 Sec: 811. U on making findings pursuant to Section landowners; the secretary of the district shall compare p 12 the names and property descriptions on the protest _ 13 810, the district may adopt a resolution of intention to - .y 13 against the, property ownership records of the county 14 form a zone and to set a date, time, and place for hearing .,. 14 assessor. 15 on the resolution. Notice of hearing shall be provided J15 = Sec. $17. At any time prior to the conclusion of the 16 pursuant to Section 6066 of the Govern-me Code. 16 hearing, the district may include or exclude territory 17 - Sec. -812. Prior to the adoption--of a resolution of 17 from the proposed zone.If more territory is included,the 18 intention,' the -district -sh_ all direct the chief executive 18 district shall continue the hearing for a period of time 19 officer to prepare a report describing the area 20 recommended for inclusion in the zone, the programs, 19 sufficient for residents or owners of land within the added 20 territory to 21 improvements, or services to be undertaken, and an file protests as provided in Section 814. 22 .estimate of the amount of cost thereof. The report shall 21 Sec. 818.- A majority protest shall be deemed to exist 22 if the district finds that protests filed and not withdrawn 23 include an analysis of the method or alternative methods x 23 prior to the conclusion of the Second hearing represents 24, by which finds shall be provided for those programs, 24 either of the following: 25 improvements, or services, and the amount, to be borne _ 25 (a) More than 50 percent of the voting power of the 26 by each of the inhabitants or landowners within the zone. 26 resident voters residing within'the proposed zone. 27 =_ Sec. `813..;-Upon_-acceptance of the chief executive 27 (b) More than 50 percent of-the assessed value of the = 28 - officer's report =:and-_adoption of� the- resolution of : - 28 land within the proposed zone. 29 -intention,-copies of the report shall be made available to 29 Sec. 819. If the district finds that a majority protest 30 any resident or property owner within the proposed zone 30 exists,the proposal to establish a zone shall be abandoned 31 and to any other person upon written request. = 31 and no new proposal to - form a zone, including '32 Sec. 814. No sooner than 35 days or later than 70 days 32 substantially the same purposes, shall be considered by 33 after the adoption of the resolution of -intention, the 33 the district for a period of two years following the date of 34 district shall hold a hearing and consider protests to the 34 the conclusion of the hearing. 35 formation of_the zone. Any time prior to the conclusion 3 35 If a majority protest has not been filed, the district, 36 of the hearing, any resident voter or landowners within 36 within 35 days of the conclusion of the hearing, shall 37 the district may file a written protest or withdraw a 37 adopt a resolution approving . or disapproving 38 protest previously filed. 38 establishment of the proposed zone. 39,_. Seca 815. -.A protest by a resident voter shall contain his 39 Sec. 820. Any proposal to include territory to, or . 40 or her signature and an address sufficient to enable the 40 exclude territory from,a zone shall be subject to the same SB 1517 - _� 49 SB 151`� - - 1 ",provisions and proceedings as a proposal to establish a`". 1 legislative_authority to carry out the program specified in 2 zone, except for b4h:o' f the following: 2 this act and because the other costs which May be 3 (a) In addition to considering and weighing protests -r. 3 incurred by a local agency'-or school district will be 4 from residents or -property owners of the land to be .4f 4 incurred because this act creates a new. crime _or 5. included or excludekthe district shall also consider. and 5 infraction,changes the definition of a crime or infraction,.- 6 weigh the protests:of.residents and property owners :r 6 changes the ,_.penalty -for a crime or infraction,. or 7 .within the zone to or from which the territory is proposed = 7 -eliminates a crime or infraction. 8 to be included or excluded. - 9 - (b) If the district finds that a majority protest exists _ _-10 -within either the territory or the affected zone or the ; 11 territory to be included or excluded, the proposed 11 .12 inclusion or exclusion shall be abandoned.The absence or == 13 existence of a majority protest shall be determined as 14 provided in Section 809. -15 - If a majority protest does not exist, the district shall 16 adopt a resolution approving or disapproving inclusion or 17 exclusion. 18- - Sec. 821. Any proposal to dissolve a zone shall be :y 19 subject to the same proceedings provided for in this - 20 article to establish a zone. _ 21 Sec. 822. A proposal to establish, dissolve, or include 22 or exclude territory from a zone may be initiated by a 23 petition containing the signatures of not less than 25 _ .. 24 percent of the- registered voters or landowners 25 representing not less than 25 percent of the assessed 26 ' value of the territory which would be affected by the - -27• proposal. _ - - 28 - -Sec. 823. The secretary of the district, in determining 29 the'sufficiency of a petition filed pursuant to Section 813, _ 30 shall follow the same procedure for evaluating protests as 31 provided -by this -chapter. Upon _certification by the 32 secretary that a petition is sufficient, the district shall ; - 33 -_undertake proceedings provided for by this chapter. 34 35 _ CHAPTER 9. MISCELLANEOUS .. 36 -37 SEC. 900. No reimbursement is required by this act : 38 ' pursuant to Section 6 of Article XIII B of the California _ -- 39 Cohstitution because-this act is in accordance with the -40 request of a local agency or school district which desired - _ L� OEC 1 W6 C17Y CITY C"CIS 0 FIC�C E BO L.SA CH I CA HARBOR AN D CONSERVZi'TION L) 'I'R1CT PROrOSIED E'llSCi7SSION DRAFT DECEMBER 8 , 1966 PACIFIC GOVERNMENTAL CONSULTANTS legis. agm; ss/rgb:ggg 12/08/86 DRAFT L r l PROTECT TEAM Skip Schmidt - Pacific Governmental Consultants - Legislative Drafting Wayne Clark - Public Relations Counsel - Governmental Liason Russell G. Behrens - Behrens, Recht, Finley & Hanley - Special Districts Susan K. Hori - Jones, Day, keavi.s & Pogue - Land Use Processing Mel Malkoff - Mel Malkoff & P.ssociates - Environmental Engineering Jerry Wood - IWA Engineers - Utility Engineering James Kubbelbeck - Williams &. Kubbelbeck - Finance Engineering Richard Anderson - Best, Best & Krieger - Second Opinion Tand Overview PROJECT SPONSORS SIGNAL LANDMARK, INC. Jeffrey B. Holm Darlene A. Frost legis. agm; ss/rgb: ggg 12/10/86 DRAFT s y t ' a � T.'_:3LE OF CONTENTS CHAPTER 1 . INTRODUCTORY PROVISIONS . . . . . . . . . . . . 1 Article 1 - Legislative Findings and Declarations . . . 1 Article 2 - Boundary Description . . . . . . . . . . . 3 Article 3 - Definitions . . . . . . . . . . . . . . . . 4 Article 4 - Establishment and Purposes . . . . . . . . 10 Article 5 - General Provisions . . . . . . . . . . . . 13 CHAPTER 2 . INTERNAL ORGANIZATION . . . . . . . . . . . . . 15 Article 1 - Election of the First Board . . . . . . . . 15 Article 2 - Conduct of Subsequent Board Elections . . . 17 Article 3 - Alternative Method To Conduct Elections . . 20 Article 4 - Officers and Employees .� . . . . . . . . 28 CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . 30 Article 1 - General . . . . . . . . . . . . . . . . 30 Article 2 - Extended District Powers . . . . . . . . . 35 CHAPTER 4 . WETLANDS CONSERVATION . . . . . . . . . . . . . 36 Article 1 - Annual Conservation Plan . . . . . . . . . 36 Article 2 - Abatement of Solid Wastes . . . . . . . . . 39 Article 3 - Flood Control . . . . . . . . . . . . . . . 40 CHAPTER 5 . SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 42 CHAPTER 6 . WATER & SEWER FACILITIES . . . . . . . . . . . . 47 Article 1 - Water Operations . . . . . . . . . . . . . 47 Article 2 - Sewage Treatment and Reclamation . . . . . 51 CHAPTER 7 . FINANCIAL PROVISIONS . . . . . . . . . . . . . . 55 Article 1 - Annual Budget . . . . . . . . . . . . . . . 55 legis. agm; ss/rgb:ggg 12/08/86 DRAFT M Article 2 - Funds . . . . . . . . . . . . . . . . . . 57 Article 3 - Taxes . . . . . . . . . . . . . . . . . . . 59 Article 4 - Federal Repayment, Assessment . . . . . . . 62- Article 5 - Assessments in General . . . . . . . . . . 65' Article 6 - Rates, Charges and Fees . . . . . . . . . . 67- Article 7 - Transient Occupancy Taxes ��: ' . 71 Article 8 - Short-Term Borrowings y. '. . . . . 80 Article 9 - Bonded Indebtedness . . . . . . . . 81 CHAPTER 8 . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . 83. Article 1 - Federal Repayment District . . . . . . . . 83 Article 2 - Zones of Benefit . . . . . . . . . . . . . 85- Article 3 - Improvement Districts . . . . . . . . . . . 90. legis. agm; ss/rgb:ggg 12/08/86 DRAFT TABLE �',f CONTENTS CHAPTER 1. INTRODUCTORY PROVISIONS . . . . . . . . . . . . 1 Article 1 - Legislative Findings and Declarations . . . 1 Section 1 - State Policy . . . . . . . . . . . . . 1 Section 2 - Bolsa Chica, County of Orange Land Use Plan . . . . . . . . . . . . . . . . . . . . 1 Section 3 - Special Act District Required . . . . 2 Article 2 - Boundary Description . . . .� . . . . . . 3 Article 3 Definitions . . . . . . . . . . 4 Section 100 - Effect of Defi F 4 Section 101 - "Application of Definitions" . . . . 4 Section 102 - "Board of Supervisors" . . . . . . . 4 Section 103 - "Coastal Act" . . . . . . . . . . . 4 Section 104 - "Coastal Commission" . . . . . . . . 4 Section 105 - "Commission" . . . . . . . . . . . . 4 Section 106 - "Conservancy" . . . . . . . . . . . 4 Section 107 - "Coastal Conservancy" . . . . . . . 5 Section 108 - "County" . . . . . . . . . . . . . . 5 Section 109 - "Department of Fish and Game" . . . 5 Section 110 - "District" . . . . . . . . . . . . . 5 Section 111 - "Federal Funding" . . . . . . . . . 5 Section 112 - "Habitat Conservation Plan" . . . . 5 Section 113 - "Harbor Facility" . . . . . . . . . 6 Section 114 - "Holder of Title" . . . . . . . . . 6 Section 115 - "Improvement District" . . . . . . . 6 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 116 - "Lanr?" . . . . . . . . . . . . . . . 7 Section 117 - "Land Use Plan" . . . . . . . . . . 7 Section 118 - "Landowner" . . . . . . . . . . . . 7 Section 119 - "Legal Representative" . . . . . . . 7 Section 120 - "Local Coastal Program" . . . . . . 7 Section 121 - "May or Shall" . . . . . . . . . . . 8 Section 122 - "Navigable Ocean Entrance" . . . . . 6 Section 123 - "State" . . . . . . . . . . . . . . 8 Section 124 - "United States" . . . . . . . . . . 8 Section 125 - "Visitor Serving Facilities" . . . . 8 Section 126 - "Voter" . . . . . . . 8 Section 127 - "Wetlands Restoration" 9 Section 128 - "Wetlands Restoration Plan" . . . . 9 Article 4 - Establishment and Purposes . . . . . . . . 10 Section 140 - Title . . . . . . . . . . . . . . . 10 Section 141 - Establishment of District and Purposes . . . . . . . . . . . . . . . . . . 10 Section 142 - Limitations . . . . . . . . . . . . 11 Section 143 - Effect on Prior Agreements . . . . . 11 Section 144 - Severability Clause . . . . . . . . 12 Section 145 - Liberal Construction . . . . . . . . 12 Article 5 - General Provisions . . . . . . . . . . . . 13 Section 150 - Act . . . . . . . . . . . . . . . . 13 Section 151 - Rights, Privileges, and Immunities: Exercisable by Legal Representative . . . . . 13 Section 152 - Acknowledgement . . . . . . . . . . 13 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 153 - Fees . . . . . . . . . . . . . . . . 13 Section 154 - State Treasurer's Fees . . . . . . . 13 Section 155 - Districts Subject to Uniform District Election Law . . . . . . . . . . . . 14 CHAPTER 2 . INTERNAL ORGANIZATION . . . . . . . . . . . . . . 15 Article 1 - Election of the First Board . . . . . . . . 15 Section 200 - Board of Commissioners . . . . . . . 15 Section 201 - First Board . . . . . . . 1r� Section 202 -- Staggered Term• . I . . . . . . 16 Section 203 - Time of Election . . . . . . . . . . 16 Section 204 - Term of Office . . . . . . . . . . . 16 Article 2 - Conduct of Subsequent. Board Elections . . . 17 Section 210 - Subsequent Elections . . . . . . . . 17 Section 211 - Increasing Number of Board Members 17 Section 212 - Repeal of Action to Increase Board 18 Section 213 - Divisions . . . . . . . . . . . . . 18 Section 214 - Board of Supervisors Hearing . . . . 18 Section 215 - Establishment of Divisions . . . . . 19 Section 216 - Election of Commissioners by Division . . . . . . . . . . . . . . . . . . 19 Section 217 - Creation of Division Not Affect Existing Term . . . . . . . . . . . . . . . . 19 Section 218 - Designation of Divisions . . . . . . 19 Section 219 - Modification of Divisions . . . . . 19 Article 3 - Alternative Method To Conduct Elections 20 Section 220 - Change to Resident Voting 20 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 221 - Determination of Assessable Area 20 Section 222 - Petition to Change . . . . . . . . . 20 Section 223 - Form of Petition . . . . . . . . . . 20 Section 224 - Authorized Petitioners . . . . . . . 21 Section 225 - Circulator Requirements . . . . . . 21 Section 226 - Time to Obtain Signatures . . . . . 22 Section 227 - Filing of Petition . . . . . . . . . 22 Section 228 - Verification of Petition 22 Section 229 Supplemental Petition . . . 22 Section 230 - Clerk' s Certificate . . . . . . . . 23 Section 231 - Resolution Changing to Resident Voting . . . . . . . . . . . . . . . . . . . 23 Section 232 - Filing Resolution With County . . . 23 Section 233 - Subsequent Elections . . . . . . . . 24 Section 234 - Commissioners Must Be Residents and Registered Voters . . . . . . . . . . . . . . 24 Section 235 - Provisions Inapplicable to Resident Voting . . . . . . . . . . . . . . . . . . . 24 Section 236 - Election Procedures for New Commissioners . . . . . . . . . . . . . . . . 25 Section 237 - No Acts Invalidated . . . . . . . . 25 Section 238 - Bonds Continue In Effect . . . . . . 25 Section 239 - Amendment and Repeal of Administrative Code . . . . . . . . . . . . . 26 Section 240 - Term of Office of New Commissioners 26 Section 241 - Vacancies . . . . . . . . . . . . . 26 legis. agm; ss/rgb:ggg 12/08/86 DRAFT r Section 242 - Unifcrn District Election Law . . . 27 Section 243 - Filing Vacancies . . . . . . . . . . 27 Section 244 - Vacancy Procedure . . . . . . . . . 27 Article 4 - Officers and Employees . . . . . . . . . . 28 Section 250 - Officers of the Board . . . . . . . 28 Section 251 - Consolidation . . . . . . . . . . . 28 Section 252 - Duties . . . . . . . . . . . . . . . 28 Section 253 - Officers of the District . . . . . . 28 Section 254 - Officers Serve at Pleasure of Board 28 Section 255 - Confirmation of Other Officers and Employees . . . . . .�.� . . . . . . . . 28 Section 256 - Mana eme � 29 g V. Section 257 - Officers ' Duties . . . . . . . . . . 29 Section 258 - Meetings . . . . . . . . . . . . . . 29 CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . . . . . 30 Article 1 - General . . . . . . . . . . . . . . . . . . 30 Section 300 - Necessary and Proper . . . . . . . . 30 Section 301 - Seal . . . . . . . . . . . . . . . 30 Section 302 - Property . . . . . . . . . . . . . . 30 Section 303 - Eminent Domain . . . . . . . . . . . 30 Section 304 - Finances . . . . . . . . . . . . . . 31 Section 305 - Contracts . . . . . . . . . . . . . 31 Section 306 - Entry on Lands . . . . . . . . . . . 31 Section 307 - Execution of Contracts . . . . . . . 32 Section 308 - Legal Actions . . . . . . . . . . . 32 Section 309 - Public Information . . . . . . . . . 32 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 310 - Administrative Code . . . . . . . . 32 Section 311 - Rules and Regulations . . . . . . . 33 Secti:,n 312 - Violation of Rules and Regulations . 33 Section 313 - Notice and Public Hearing . . . . . 33 Section 314 - Violation A Misdemeanor . . . . . . 34 Section 315 - Contract With Federal Government . . 34 Article 2 - Extended District Powers . . . . . . . . . 35 Statement of Understanding . . . . . . . . . . . . 35 Section 331 - Initiation of County Service Area Proposal . . . . . . . . . . . . . . . . . . 35 Section 332 - Conduct of Proceedings . . . . . . . 35 Section 333 - Conditional Approval . . . . . . . . 35 Section 334 - Limitation on Servic s'r,1� . . . . . 36 CHAPTER 4 . WETLANDS CONSERVATION `�, . . . . . . . 37 Article 1 - Annual Conservation Plan . . . . . . . . . 37 Section 400 - Annual Planning . . . . . . . . . . 37 Section 401 - Fish and Game Policies . . . . . . . 37 Section 402 - Proposed Program . . . . . . . . . . 38 Section 403 - Consideration of Fish and Game, the County and Other Information . . . . . . . . 38 Section 404 - Adoption of the Annual Program . . . 39 Article 2 - Abatement of Solid Wastes . . . . . . . . . 40 Section 420 - Abatement, Collection and Disposal . 40 Section 421 - Adoption Rules and Regulations . . . 40 Section 422 - Definition . . . . . . . . . . . . . 40 Article 3 - Flood Control . . . . . . . . . . . . . . . 41 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 425 - Coordination of Flood Control With County of Orange . . . . . . . . . . . . . . 41 Sectiun 426 - Acquisition of Rights of Lands and Rights-of-Way . . . . . . . . . . . . . . . . 41 Section 427 - Cooperation Orange County Flood Control . . . . . . . . . . . . . . . . . . . 41 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 43 Section 500 - Navigable Ocean Entrance and Harbor Facilities . . . . . . . . . . . . . . 43 Section 501 - Powers . . . . . . . . . 43 �5 Section 502 - Consent of `Other Public Agencies 44 Section 503 - Lease of Property . . . . . . . . . 45 Section 504 - Joint Exercise of Powers . . . . . . 45 Section 505 - Establishment of Rules . . . . . . . 45 Section 506 - Adoption and Enforcement . . . . . . 46 Section 507 - Franchises . . . . . . . . . . . . . 46 Section 508 - Advertising . . . . . . . . . . . . 46 Section 509 - County Department of Harbors, Beaches and Parks . . . . . . . . . . . . . . . . . . . . 47 Section 501 - Federal Agreement . . . . . . . . . 47 CHAPTER 6 . WATER & SEWER FACILITIES . . . . . . . . . . . . 46 Article 1 - Water Operations . . . . . . . . . . . . . 48 Section 600 - Powers . . . . . . . . . . . . . . . 48 Section 601 - Water Storage . . . . . . . . . . . 46 Section 602 - Water Use . . . . . . . . . . . . . 48 Section 603 - Water Sales . . . . . . . . . . . . 48 legis. acjm; ss/rgb:ggg 12/08/86 DRAFT Section 604 - Water Works . . . . . . . . . . . . 48 Section 605 - Conservation . . . . . . . . . . . . 49 Sectic:i 606 - Water Delivery . . . . . . . . . . . 49 Section 607 - Restrictions on Use . . . . . . . . 49 Section 608 - Shortage and Emergency . . . . . . . 49 Section 609 - Findings, Evidence . . . . . . . . 50 (y . Section 610 - Misdemeanor . . . . . �.. 50 Section 611 - Rates Different Class .`\. . . . . 51 Section 612 - Rules and Regulations . . . . . . . 51 Article 2 - Sewage Treatment and Reclamation . . . . . 52 Section 620 - Powers . . . . . . . . . . . . . . . 52 Section 621 - Contract to Serve Inside and Outside District . . . . . . . . . . . . . . . . . . 52 Section 622 - Cesspools and Septic Tanks . . . . . 52 Section 623 - Improvement Districts . . . . . . . 52 Section 624 - Installation of Works , Roads, Streets and Rights-of-Way . . . . . . . . . . 53 Section 625 - Inspection . . . . . . . . . . . . . 53 Section 626 - Sale of Water Effluent and By- Products . . . . . . . . . . . . . . . . . . 54 Section 627 - Rates and Charges . . . . . . . . . 54 Section 628 - Assessments for System . . . . . . . 54 Section 629 - Rules and Regulations . . . . . . . 55 CHAPTER 7 . FINANCIAL PROVISIONS . . . . . . . . . . . . . . 56 Article 1 - Annual Budget . . . . . . . . . . . . . . . 56 Section 700 - Designation of Funds . . . . . . . . 56 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 701 - Preli'ninary Budget . . . . . . . . . 56 Section 702 - Appropriations . . . . . . . . . . . 57 SecticrL 703 - Final Budget . . . . . . . . . . . . 57 Article 2 - Funds . . . . . . . . . . . . . . . . . . . 58 Section 710 - Transfers from General Fund, Restriction on Transfer from Special Funds 58 Section 711 - Surplus Money . . . . . . . . . . . 58 Section 712 - Pooling . . . . . . . . . . 58 Section 713 -- Investment Policy r. 58 Section 714 - Deposit and Safekeeping . . . . . . 59 Article 3 - Taxes . . . . . . . . . . . . . . . . . . . 60 Section 720 - Exchange of Property Taxes . . . . . 60 Section 721 - County Determination . . . . . . . . 60 Section 722 - County Refusal . . . . . . . . . . . 61 Section 723 - Special Taxes . . . . . . . . . . . 61 Section 724 - Special Taxes . . . . . . . . . . . 61 Section 725 - Special Taxes - Mello-Roos . . . . . 62 Article 4 - Federal Repayment, Assessment . . . . . . . 63 Section 730 - Federal Cost Share Determination . . 63 Section 731 - Assessments for Deficiencies . . . . 63 Section 732 - Amount of Assessment, Notice . . . . 63 Section 733 - Zones . . . . . . . . . . . . . . . 63 Section 734 - Hearing . . . . . . . . . . . . . . 64 Section 735 - Post Hearing Procedure . . . . . . . 64 Section 736 - Restrictions After Abandonment . . . 64 Section 737 - Frequency of Assessments . . . . . . 64 legis. agm; ss/rgb:ggg 12/08/86 DRAFT Section 738 - Deposits of Assessment Revenues 65 Article 5 - Assessments in General . . . . . . . . . . 66 Section 750 - General Assessments . . . . . . . . 66 Section 751 - Benefit Assessments . . . . . . . . 66 Section 752 - Collection by County . . . . . . . . 66 Section 753 - Federal Cost Share Assessments , Liens . . . . . . . . . . . . . . . . . . . . 66 Article 6 - Rates, Charges and Fees . . . . . . . . . . 68 Section 760 - Water Sales, Stand-by Charges 68 Section 761 - Water Rates w 1 68 Section 762 - Sewer Charges : •. . . . . . . . 68 Section 763 - Use of Water and Sewer Revenues . . 69 Section 764 - Parking Fees . . . . . . . . . . . . 69 Section 765 - Resolution of Intention, Notice, Hearing . . . . . . . . . . . . . . . . . . . 69 Section 766 - Deposit of Parking Fees . . . . . . 70 Section 767 - Excess Parking Fees, Wetlands Conservation Fund . . . . . . . . . . . . . . 70 Section 768 - Wharfage Charges, Slip and Anchorage Fees . . . . . . . . . . . . . . . . . . . . 70 Section 769 - Surcharge On Wharfage, Slip and Anchorage Charges and Fees . . . . . . . . . 70 Section 770 - Revenues From Surcharges to Wetlands Conservation or Federal Cost Share Fund . . . 71 Section 771 - Schedule of Charges and Fees . . . . 71 Section 772 - Time for Adoption of Schedule . . . 71 legis.agm; ss/rgb:ggg 12/08/86 DRAFT Article 7 - Transient occupancy Taxes . . . . . . . . . 72 Section 775 - Definitions . . . . . . . . . . . . 72 Section 776 - Tax Rate Imposed . . . . . . . . . . 75 Section 777 - Tax Exemptions . . . . . . . . . . . 76 Section 778 - Duty of Operator To Collect Tax 77 Section, 779 - Registration With Tax Administrator 77 Section 760 - Return Filing Requirements and Remittance of Tax . . . . . . . . . . . . . . 78 Section 781 - Transmittal of Tax To Wetlands Preservation Fund . . . . . . . . . . . . . . 79 Section 782 - Enforcement by Ordinance . . . 79 Section 783 - Criminal Penalties :; . � . 79 Article 8 - Short-Term Borrowings . . . . . . . . . . 81 Section 790 - Revenue Anticipation Notes . . . . . 81 Section 791 - Warrants Payable Within Five Years . 81 Section 792 - Promissory Notes . . . . . . . . . . 81 Article 9 - Bonded Indebtedness . . . . . . . . . . . . 82 Section 793 - General . . . . . . . . . . . . . . 82 Section 794 - Limitation and General Obligation Bonds . . . . . . . . . . . . . . 82 Section 795 - Revenue Bonds . . . . . . . . . . . 82 Section 796 - Bonds, Improvement Districts . . . . 83 Section 797 - Assessments . . . . . . . . . . . . 83 CHAPTER 8 . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . 84 Article 1 - Federal Repayment District . . . . . . . . 84 legis . agm; ss/rgb: ggg 12/08/86 DRAFT Section 800 - Purpcses of District . . . . . . . . 84 Section 801 - Zones Within Federal Repayment District . . . . . . . . . . . . . . . . . . 84 Section 802 - Limitations on Alteration of Zones . 84 Article 2 - Zones of Benefit . . . . . . . . . . . . . 86 Section 810 - Establishment . . . . . . . . . . . 86 Section 811 - Resolution of Intention . . . . . . 86 Section 812 - Report on Proposed one . . . . . . 86 F Section 81.3 •- Circulation o t . . . . . . . 87 Section 814 - Hearing . .. . . . . . . . . . . 87 Section 815 - Protest Procedure . . . . . . . . . 87 Section 81.6 - Validity of Signatures . . . . . . . 88 Section 817 - Inc.lusion and Exclusion of Territory 88 Section 618 Majority Protest . . . . . . . . . . 88 Section 819 - Effect of Majority Protest . . . . . 88 Section 820 - Factors to Consider and Abandonment 89 Section 821 - Procedures to Dissolve . . . . . . . 90 Section 822 - Initiation by Petition . . . . . . . 90 Section 823 - Sufficiency of Petition . . . . . . 90 Article 3 - Improvement Districts . . . . . . . . . . . 91 Section 830 - General . . . . . . . . . . . . . . 91 Section 831 - Rights, Powers and Duties . . . . . 91 legis .agm; ss/rgb:ggg 12/08/86 DRAFT ?REFACE In 1976 , the State adopted the Coastal Act to establish a policy to encc,:rage State and local cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. l It is also the policy of the State to develop the harbors of this State for multiple purpose uses for the benefit of the people. 2 The Bolsa Chica project consists of 1623 acres, 915 of which will be preserved, restored and maintained as wetlands and 86 . 8 acres as environmentally sensitive habitat areas. Approximately 650 acres is available for residential , recreational and park uses. DP AFT A necessity exists within Orange County to (1) establish adequate legal and institutional arrangements and financing for the development, restoration, and preservation of wetlands and environmentally sensitive habitat areas within the Bolsa Chica area in the County; 3 (2) provide local management of a navigable ocean entrance and associated inland waterways and harbor facilities for small craft; and (3) provide for construction, financing and local management of water and sewer facilities for the residential , recreational and park uses. Because of the unique problems presented by this area, the 1 Pub. Res. Code, Sect. 30001. 5 2 Har. & Nay. Code, Appendix 2 , Sect. 4 3 Land Use Plan, Page II-10, Sect. B. (1) legis. agm; ss/rgb:ggg 12/10/86 DRAFT facts and circumstances relative to the financing, construction and maintenance of the ocean entrance, and the necessity of coordinating with both public and private institutions for the protection of natural resources of the area, the adoption of a special act to create a special district is required. 4 This area proposed for inclusion in the special district does not include lands within any city. DRAFT 4 Har. & Nay. Code, Appendix 2 , Sect. 4 legis. agm; ss/rgb:ggg 12/10/86 DRAFT CHAPTER 1. IfiTRODUCTORY PROVISIONS Article 1 - Legislative Findings and Declarations Section 1 - Steve Policy The Legislature finds and declares that it is the policy of the State to: (a) Encourage State and local cooperation to implement coordinated planning and development for mutually beneficial uses in the coastal zone; (b) Protect, maintain, enhance an -ftrestore the overall quality of the coastal zon a.tonment and resources ; (c) Maximize public access and along the coast and maximize public recreational opportunities in the coastal zone, including, but not limited to, the development of harbors for multiple purpose uses ; and (d) Assure orderly, balanced coastal dependent and coastal related development on the coast. Section 2 - Bolsa Chic&, County of Orange Land Use Plan The Legislature further finds and declares that: (a) The County of Orange has prepared a Land Use Plan for the Bolsa Chica area consistent with the provisions of the Coastal Act of 1976 establishing a multi-use coastal development which provides local , regional and statewide benefits, including: (1) The creation, restoration and enhancement of 915 acres of coastal wetlands and 86. 8 acres of environmentally sensitive habitat area; legis.agm; ss/rgb:ggg 1 12/08/86 DRAFT (2) A new navigable ocean entrance and navigable waterwa,,s to provide tidal flow to the wetlands area and navigable access to the ocean; (3) A new marina and coastal dependent, visitor serving facilities; and (4 ) Approximately 650 acres of residential and commercial development, recre Tonal park and trail system. may~ (b) Adequate legal and instituti al arrangements must be established for the long--term management and financing of those elements of the Land Use Plan which provides local benefits as well as County, State and national benefits such as the navigable ocean entrance system, inland watervaays , marina , wetlands and environmentally sensitive habitat areas , as well as major capital improvements for the area ; and (c) A program for satisfying the conditions of Section 916 of H. R. 6 , which authorizes a federal cost share program for constructing the navigable ocean entrance and related improvements , must be established. Section 3 - Special Act District Required In order to achieve objectives set forth in Sections 1 and 2 , the Legislature finds and declares that the adoption of an act establishing a special district for financing and managing the construction, operation and maintenance of certain elements of the land use plan is required. legis. agm; ss/rgb:ggg 2 12/08/86 DRAFT t CHAPTER 1. Article 2 - Boundary Description legis. agm; ss/rgb:ggg 3 12/08/86 DRAFT RAPTER 1. Article 3 - Definitions Section 100 - Effect of Definition Unless the context otherwise requires, the definitions in this Act shall govern its construction. Section 101 - ' Application of Definitions" The definition of a word applies to any of its variants. Section 102 - t1Board_ of _ 5_ `upervisors1t Means the Board of Supervisors of Orange County�i � Section 103 - 11Coastal . Fact" Means the Coastal Act of 1976 codified at Public Resources Code, Section 30000, et seq. , that was enacted to protect and enhance the coastal environment and to guide and regulate local planning within the coastal zone to assure conformity with state- wide goals . Section 104 - "Coastal Commission" Means the state agency established under Section 30300 of the Public Resources Code and designated as the Coastal Zone Planning and Management Agency charged with implementing the Coastal Act. Section 105 - "Commission', Means the governing board of the Bolsa Bay Harbor and Conservation District. Section 106 - "Conservancy" Means any private, non-profit organization established for legis. agm; ss/rgb:ggg 4 12/08/86 DRAFT the purposes of implementing the objectives of Section 31000 , et seq. , of the Public Resources Code, and existing under the provisions of Section 501 (c) (3) of the United States Internal Revenue Code, which has among its principal charitable purposes the preservation of land for scientific, historic, educational , recreational , agricultural , scenic, or open space opportunities . Section 107 - 1°Coastal Conservancyra Means the state agency established pursuant to Section 31000 , et seq. , of the Public Resources Code that has consultation and land stewardship responsibilities within the b coastal zone . Section 108 - "County" �W 4 Means the County of Orange, California . Section 109 - ' Department of Fish and Game" Means the state agency having authority and responsibility to protect and enhance fish and wildlife resources . Section 110 - "District" Means the Bolsa Bay Harbor and Conservation District. Section 111 - "Federal Fundincr" Means the contingent authorization of funds, if any, contained in the Omnibus Water Act of 1986 by the government of the United States to construct the navigable ocean entrance and appurtenances . Section 112 - "Habitat Conservation Plane Means a plan which provides for the conservation of the habitat of fish and wildlife resources as described at Section legis. agm; ss/rgb:ggg 5 12/08/86 DRAFT 30237 of the Public Resources Code. Section 113 - I'Karbor Facility" Means the marina basins, main and secondary navigable waterway systems, the lands underlying the marina basin(s) , main and secondary waterways, and any abutting lands used for boater oriented recreational or commercial. activities, including in- water or dry storage of boats, and the parking of vehicles to accommodate the recreational or commercial activities of the harbor. v`? Section 114 - "Holder of Title " "Holder of Title" shall mean the owner of record of the fee title to land; provided, however, in the event the owner of record of such fee title has conveyed the equitable title to such land by way of a land sale contract and such contract or a memorandum thereof is recorded, "holder of title" shall mean the contract vendee thereunder and not the record owner of the fee title. Section 115 - "Improvement District" Means any area within the District established by the Commission pursuant to any of the provisions of this Act or other applicable laws for the purpose of providing for and financing the construction, accruisition, reconstruction, maintenance, operation, extension, repair or improvement of any work or wor',:s of common benefit to the land or inhabitants within an improvement district. legis . agm; ss/rgb: ggg 6 12/08/86 DRAFT Section 116 •- "Land" Means the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil , rock or other substance which land is within the District, but there shall not be included in the meaning of land, improvements thereon or rights and privileges appertaining to water, minerals, oil , gas or other hydrocarbon substances underlying the surface thereof. Section 117 - "Land Use Plan" Means the Bolsa Chica Lard. Use Flan prepared pursuant to Section 30108 . 5 of the Public resources Code adopted by the Board of Supervisors as rei-,lsed on December 18 , 1985 by Resolution No. 85--1777 and approved by the California- Coastal Commission on January 8 , 1986 . s- Section 118 W /°Landavner•6g Means the person is t s_ holder of title. Section 119 _ "Legal Rpp r sentativel' Means an offical of a corporation owning land, and means a guardian , executor, or administrator of the estate of the holder of title to land who: (a) Is appointed under the laws of this State, or (b) Is entitled to the possession of the estate's land, or (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Section 120 - "Local Coastal Program10 Means a local government's land use plan zoning ordinances legis. agm; ss/rgb:ggg 7 12/08/86 DRAFT and implementing actions ,�_ograK which, when taker, together, satisfy the require�^'nts and implement the provisions and policies of the Coastal Act of 1976 at the local level . Section 121 - "May or Shall" "May" is permissive and "shall" is mandatory. Section 122 - 'pATaviq&td1 Ocean Entrarice4e Means the system of navigable waterway (s) that provides for access between the Pacific Ocean and the harbor facility or defined in Section 115 and ruay include side jetties and an off- shore sheltering breakwater. Section 123 - /°Stater -' Y Means the State of Caliorni.a and includes all bureaus commissions , divisions , departments, boards, agencies , committees , officers . and branches thereof. Section 124 - "United Statesi° Means the government of the United States of America and includes all bureaus, commissions , divisions, departments , boards, agencies, committees, offices, and branches thereof. Section .125 - "Visitor servis_ Facili,tiese, Means the facilities that fulfill purposes under the Coastal Act of serving the need for public access and recreation within the coastal zone . Section 126 - "Voter" Means a person who is a holder of title or, in the event of a change in voting procedure to resident voting, a person qualified under the laws of the State to vote in elections held legis. agm; ss/rgb:ggg 8 12/08/86 DRAFT within the District. Section 127 - ('Wetland-_ Restorationei Means an activity to establish, maintain, preserve and enhance wetlands especially those which have been destroyed or degraded, to a high quality, fully functioning level of biological productivity and diversity. Section 128 - "Wetlands Restoration Plan" Means a two-phase concept and implementation plan to establish , restore and preserve 935 acres of wetlands and 86 . 8 acres of environmentally sensitive habitat area , which plan is part of the Bolsa Chica Land Use Plan. legis. agm; ss/rgb:ggg 9 12/08/86 DRAFT 'HAPTER 1, Article 4 - Establishment and Purposes Section 140 - Title This Act shall be known and may be cited as the Bolsa Bay Harbor and Conservation District Act. Section 141 __ Establishment of District and Purposes The Bolsa Bay Harbor and Conservation District is hereby established in accordance with the provisions of this Act and is a public corporation created for the following purposes : (a) To provide an adequate institutional and legal framework to carry out and fund, implementing action programs to restore, enhance and maintain in perpetuity the wetlands and `nvironmen Iiy sensitive habitat areas within the coa�s�� ' �2dne of Orange County, identified biJ the Bolsa C`hica local coastal plan. (b) To provide a means to achieve and support objectives of the State of California through the collection and allocation of selected public and private funds . (c) To administer and raise funds to repay the federal loan cost share authorized by the Omnibus Water Act of 1986 and to maintain in perpetuity the facilities, structures and appurtenances for the navigable ocean openings and waterways conducted with funds authorized and/or appropriated by the federal government. (d) To maintain and administer the facilities of a small craft harbor landward of the Bolsa Chica ocean l,egis. agm; ss/rgb:ggg 10 12/08/86 DRAFT entrance. (e) To provide a,- adequate water supply and to collect and dispose of sewage for the benefit of the lands and inhabitants of the District. (f) To administer and raise funds to construct and maintain appropriate facilities including, but not limited to, (1) dredging and land reclamation purposes; (2) drainage and flood control purposes ; (3) parks, recreation and open space land and facilities; (4 ) levees and channel edges ;-p and (5) docks and rt appurtenances . (g) To administer and raise unds to provide facilities and services including, but not limited to, (1) police and fire ; (2) safety and welfare ; (3) utilities ; and (4 ) any other facility or service common to and appropriate for the welfare and well-being of residents within the District. Section 142 - Limitations No provision in this division should be interpreted to limit the power or authority of any city, county or state agency with jurisdiction within the District to regulate land uses with the District in accordance with the provisions of the Coastal Act of 1976 . Section 143 - Effect on Prior Agreements No provision in this division should be interpreted to limit the enforceability and applicability of any provision of any legis.agm; ss/rgb:ggg 11 12/08/86 DRAFT agreements entered into between or among a city, county, state or federal agency and a private person affecting the Bolsa Chica area. Section 144 - Severability Clause If any provision of this Act or the application of such provision to any persons or circumstances is held invalid, the remainder of this Act , or the application of such provision to persons other than those to which it is held invalid, shall not 6\ be affected thereby. Section 145 -- Liberal_ Construction The provisions of this Act shall be liberally construed to effectuate its purposes . legis . agm; ss/rgb:ggg 12 12/08/86 DRAFT CHAPTER 1. Artinle 5 - General Provisions Section 150 - Act Nothing in this Act changes or repeals any other law of this State. Section 151 - Rights ,__ Privileges, and Immunities: Exercisable by Legal Representative The rights, pri-,jileges and immunities created or continued in force by this Act in favor of any holder of title to land may for his benefit and on his behalf be exercised by his legal representative . Section 152 _.Acknowledgement Whenever an instrument is by this Act required to be acknowledged, each signer shall acknowledge the instrument in the manner provided by law before his signature shall be effective . Section 153 -- Fees No supervisor, auditor, or clerk of any county shall receive any fee for any service required to be performed by him under the provisions of this Act provided, however, that the county clerk shall be compensated for the expense of the conduct of the election. Section 154 state Treasurer's Fees Fees payable to the State Treasurer pursuant to this Act shall be those established by the State Treasurer pursuant to Section 20018 of the California Government Code. legis. agm; ss/rgb:ggg 13 12/08/86 DRAFT Section 155 - Districts SubIPct to Uniform District Election Law Districts governed by this Act are subject to the provisions of the Uniform liistrict Election Law. legis . agm; ss/rgb: ggg 14 12/06/86 DRAFT CHAPTER 2 n A: TER-NAL ORGANIZATION Article : ® Election of the First Board Section 200 - Board of Commissionere The district shall be governed by a Board of Commissioners composed of five persons elected pursuant to the provisions of this Chapter. Section 201 .- First: Board The first District. Board sV611 be elected at an election conducted by the Board of Supervisors within 35 days following the formative, of the district , as follows: (a) Nominating petitions for the position of commissioner shall be in writing and signed by voters representing at least 10 percent of the assessed value of land as shown by the last equalized assessment role. (b) No voter shall sign any more nominating petitions than there are offices to be filled. (c) Qualified candidates for the Office of Commissioner must be a voter as defined by Section 127 of this Article. (d) If , on the 15th day prior to the date of the election called by the Board of Supervisors, only one person has been nominated for each position to be filled at that election, an election shall not be held and the Board of Supervisors shall appoint those nominated for the position of Commissioner. (e) In the event an election is held, each voter shall have legis. agm; ss/rgb:ggg 15 12/08/86 DRAFT r one vote for e--ch one dollar ($1. 00) in assessed valuation cf land owned by the landowner. (f) A ma)ority of the votes cast shall be required to elect a commissioner. Section 202 - Staggered Terms The first District Board of Commissioners shall classify itself by lot so two Commissioners shall hold office until the last Friday in NovemlDer , 1988 and three Commissioners shall hold office until the last Friday ir: Dc)-,;ember, `p990 . L Section 203 — Tame _,f _lecti.on Except as other-v�ise provided in this Chapter, the Board of Supervisors shall call for and held an election to coincide with the general election in of each Even-numbered year in the same manner in H,I:Ic-h .it called for and held the election for the first Board of Co.rnissivners pursuant to Section 201 . Section 204 - Term of Office The term of office for c:)n.,Y!issioners elected pursuant to Article 1 shall be four (4 ) years . legis.agm; ss/rgb:ggg 16 12/09/86 DRAFT rgAPTER 2 . Article 2 - Conduct of Subsequent Board Elections Section 210 - Subsequent Elections Commencing in 1990 and in every even-numbered year thereafter, or until such time as all members of the Board of Commissioners qualify as and have been elected by the registered voters of the District , the Secretary of the District, between January 1 and March 30 of Each even•-numbered year, shall inspect the assessable area cf the Dist. i:.t , The Secretary shall certify the findings of the inspec,io:, to the Board of Supervisors . ,r+ Section 211 - Incre sit,q_ Number_ot Board _Me b At any time after four years from th of the formation of a district, and from ti,,,e tr' time thereafter, but not less than 120 days before dirt.-ict election, the Board may, by resolution , increase the nunCber of Commissioners to serve thereon to 7 , 9 cr 11 , and may designate the first additional members to serve on said enia: ged Board. The Board shall determine the term of office of each of the new Commissioners so i appointed, but in no event shall such term designated by the board be for more than four years . The terms of office thus i created shall be determined in such a manner as to keep as nearly equal as practicable the number of Commissioners to be elected at each subsequent general District election. Upon the expiration of such terms so designated by the Board, such position shall be filled at the next general District election and general District elections held thereafter for the election of officers of the legis . agm; ss/rgb:ggg 17 12/08/86 DRAFT f district. The terms of office of each Commissioner elected at a general District eler.taon is four years or until his successor qualifies and takes office. Section 212 - Repeal of Action to Increase Board At any time after the adoption of a resolution pursuant to Section 211 , such resolution may be repealed by a unanimous vote of the members of the beard . li-anediately upon the effective date of the repeal of the resclution, the offices created thereby shall be deemed vacat E::. and alDul i shed . r Ib Section 213 -� Divisions Each District male be divided i_nt.o as many divisions as there are Commissioners of the District. The establishment of the divisions and the boundaries thereof shall be made by the board of supervisors, shall inal;t such division, if requested, by a resolution passed bj= a majorit�r of the Board of Commissioners or upon a petition signed by a riajo-ity of eligible voters within the boundaries of the district . Said resolution or petition shall be filed with the board of supervisors at least 140 days before the next general district election. section 214 m _$curd of Vv3pervisors Bearip Within 30 days after the filing of the petition or the resolution requesting the establishment of divisions with the board of supervisors, the board of supervisors shall hold a hearing and shall hear any evidence produced to establish the validity of the petition or resolution and such further evidence as may be necessary as to divide the district into divisions as legis. agm; ss/rgb:ggg 18 12/09/86 DRAFT nearly equal in area as may '-.e practicable. Section 215 - Establ.ioiLnent of Divisions Within 10 aays after said hearing, the board of supervisors, if they determine that the resolution or petition is valid, shall forthwith order the establishment of divisions in the district as nearly equal in area as may be practicable and shall file a copy of said order with the Board of Com:,nissioners '`of the District. Section_ 216�- Electioy. of _Co imissior,e s ,�,y.Division After the entry cA the order establishing division within a district , one C:omriissioner shall be elected from each division and shall be a holder of title tc, land therein. Section 217 - Creation _of_. Division yot_ Affect Existing Term The entry of the order dividing the district into divisions shall not affect. the t`L-m of a; l Commissioner until his term expires . Section 218 - Designation of Divisions At least 68 days prior to the next general district election, the board shall designate the divisions from which Commissioners shall be elected. The number designated shall equal the number of Commissioners to be elected at that election. At the next succeeding general district election, the Commissioners shall be elected from the remaining divisions. Section 219 - Modification of Divisions Divisions once established, may be modified by the same procedure as herein set forth for establishing divisions. legis . agm; ss/rgb:ggg 19 12/08/86 DRAFT rRAPTER 2 . Article 3 - AI}crnative Method To Conduct Elections Section 220 - c:nange to Resident Voting The voting procedure within a district shall be changed from that of a landowner voting district to that of a resident voting district at such time as the Board of Commissioners shall determine by a res.-,,lotion adopted in�ponformity with the provisions of this h:,• i ci e . Section 221 - Deter-mi :,ati ::r, gf Is sessable Area Between Jar,uar,- 1 and 30 of each year, the secretary of the district. s1na) 1 inspcc- the assessable area within the district . At such time as at least 50 percent of the assessable area within the d s`.<ict _s de-c-;ted to and developed for residential , indust_ i c: :cricultural commercial use, or any combination thereof , s-..:ch fact. shall be certified to the Board of Commissioners by the Secretary of the District. Any time after such c`rtification . the registered voters residing within the district may petition for a change in the voting procedure from a landowner voting district to a resident voting district . Section 222 - Petition to Chance The petition shall be signed by not less than 25 percent of the registered voters who reside within the district, but shall contain a minimum of 25 signatures . Section 223 - Form of Petition The petition shall be substantially in the following form: legis . agm; ss/rgb:ggg 20 12/08/86 DRAFT The secretary of the Bolsa Bay Harbor and Conservation District, having :,-.retofore certified to the Board of Commissioners of the District that at least 50 percent of the assessable area within the District is devoted to and developed for residential , industrial , or nor-agricultural commercial use, or any combinatior, thereof , the undersigned voters who reside within the boundaries of Bolsa Bay Harbor and Conservation District hereby pe.fition the Beane of Commissioners thereof to hold ail elections or; the k.asis of resident voting district, rather than, a lan6owTIEZ. pate Sigr3atu: �.: Address Section, 224 - Authc.I•i Each petitioi. mall he signed a,--i dated by registered voters who reside within the !ist-'rict and shall show their residence address . Section 225 m Circulator Req-uirezents Each page of the petition which contains the signature of one or more regist.ered ;voters shall show thereon the affidavit of the circulator in the following form: The undersigned circulator of the above petition hereby declares under penalty of perjury that the circulator of this petition was over the age of 18 years, and that the signatures legis . agm; ss/rgb:ggg 21 ` 12/08/86 DRAFT hereon are the signature of the person named and were signed in the presence of the circulator. Section 226 - Time to Obtain Signatures All signatures on the petition shall be obtained within the six-month period immediately preceding the filing thereof. Section 227 - Filing of Petition The petition shall be filed with the county clerk of the principal county at least six months prior to the date of the next general district Election. `Wao ex Codet section 35048) Section 228 - Verification of Petition; The signature to the petition shall be verified as follows : (a) If the district is wholly in one county, the county clerk shall Examine signatures and from the records of regi.stra-tion ascertain whether or not the petition is signed :Dy the reqj)isite number of registered voters . (b) The county clerk of the principal county shall attach to the petition his certificate showing the total number of valid signatures thereon, and the total number of registered voters within the district as of the date of filing the petition. Section 224 - Supplemental Petition If the number of signatures is not sufficient, a supplemental petition, in the form of a duplicate petition, but bearing additional signatures, may be filed with the county clerk of the principal county within 10 days from the date on which the county clerk of the principal county certified the results of his legis . agm; ss/rgb:ggg 22 12/08/86 DRAFT examination. The supplement--t.1 petition shall be verified in the same manner as the oTi,:,inal petition. If the signatures on the petition are still insufficient, no action shall be taken thereon. The petition shall remain on file as a public record and failure to secure sufficient signatures shall not prejudice the later filing of an entirely new petition. Section 230 o Clerk. fs C;erti.ficate If the petition, contains at lc-;fst A valid signatures and if the total number of t is si 1;3 ti: or. the petition constitutes 25 percent or pore of the regiy.t.e. ed voters within the district as of the date of m. ; � i ny thje p,et i ca:n , the county clerk of the principal county shall prepare a certificate to that effect, attach the same tc the titian_, ano deliver, by mail or personal delivery, the pE t , i ;; sate to the secretary of the district . Section 231 s Reso uti.oxx _Chanc.nc-_ tn Resident Voting At the next regular meeti ;:, following the delivery by the county clerk of the petition and the certificate to the Secretary of the District, the Boa.d of Commissioners shall adopt a resolution reciting the c: such petition and certificate and specifying that all iut.ure elections in the district shall be conducted as a r.esidFnt. N,c.ting district rather than a landowner voting district. Section 232 - Filinq Ii�-,solution With Count The Secretary cf the District shall file with the county clerk of each county in which any portion of the district is legis. agm; ss/rgb: ggg 23 12/06/86 DRAFT located, a certified copy of such resolution. The Secretary shall cause a copy �-„ the resolution to be published once a week for three successive weeks in a newspaper of general circulation used for the publication of district notices. action 233 a Subsequent Elections .J After adoption of the resolution by the Board of Commissioners all eiections ,..,itrj1n the district for elective offices, bonds , or o,tn r purposes shall be conducted under laws relating to rest :E.'„ ' nI a:,l C1 i and all provisions of this article shall j�?Te 'ni . 'y'� � -�T" ' provisions in this Act relating to landovne-. 6ection 234 -_ t'.omma's's-i 0—ilel s Htxs# Be Residents and Registered Voters All Cunmi s :.Yc ::. -.,: _ i 4 c:_ Elected shall be residents of the district ana ,nal i3& i ; st c_c-d voters at the time of their election and during their ter--r; -,i office. Such Commissioners need not be 1 andownei . Section 235 _a Pro°yi :—LuZiL, Inap lirabl.e to Resident Voting After the establishnnent of a resident voting district, the provisions set forth in Sections 210 and 211 of this Chapter are no longer applicable. The Board of Commissioners may at any time establish divisions ;ithin the District. After such divisions shall have been established , or it divisions have previously been established in the district , the Board of Commissioners shall , from time to time, re--establish the boundaries on the basis of equalizing as nearly as practicable the number of registered legis. agm; ss/rgb:ggg 24 12/08/86 DRAFT voters in each division. The creation or modification of divisions shall not affect the teen of �ny Commissioner until his t � � term shall exp *LA.-e. pection 236 - Election PrncecYures For New commissioners At the first election of Commissioners following the adoption of the resolution by the Board establishing a resident voting district, the number of coR,r:,issioners to be elected shall correspond with the number. d)f Comrnissioners whose terms expire . The Commissioners 4.h,_ ; w e..is n-— :;c,t expired shall serve their unexpired terms 1.?Ee (T.1a i i f_cuti ons to hold office that existed prior to the &;1(.,ptic) i of tLhe resolution establishing a resident voting aistr� ct . In sloe:, first election and in all subsequent e7 ect i nns .. 1 I-E- fern, --.f !- Lal lot and the conduct of the election sha7 .' i.. ,.e Uniform District Election Law for resident vo-, i.,.= Section 237 - No Arts lnvalid�s tee The adoption, i:s a- cordanc& ,itri the provisions of this Article, of a resol ut.i c)n changing the method of voting shall in no way invalidate any act of the district, its Commissioners, officers, and employees , made or p=:-forned while the district was operating as a landowner voting district . Section 238 -- Bonds Continue In Effect Any bonos, promissory notes, contracts or other obligations ( "obligations" herein) of the District, authorized or issued in any manner provided by law, and any proceedings taken by the district in connection therewith, prior to the adoption of the legis . agm; ss/rgb:ggg 25 12/08/86 DRAFT resolution changing the metil- �d of voting, shall not be affected by such resolution ?nL� the obligations shall continue to be legally authorized or issued obligations. obligations of the District to which this Section is applicable shall include, but not be limited to any of the following: (a) Bonds authorized pursuant to Section 770 . (b) Bonds authorized on behalf of an improvement district pursuant to Se tion 773 . r (c) S11ort-tC-�:17�: r l'� i,:gs auz_hDrized pursuant to Chapter 7 , Article vit—h Section 760) of Part 6 of this Section239 -_Amendment and repeal of Administrative Code After establ _ s2,i:�tar'; .: 01 a aent voting district, the board of Commissioners �;)ay :.t ar: l::.er, repeal , or amend the Administrative Cody: adopl_ed pursuant. to Section 313 by a majority vote. Section_240 - Term of_ Office _of New Commissioners The term of office for each member of the board elected pursuant to Section 220t et seed . shall be four years. Section 241 - Vacancie;5 Upon receipt of a resolution of the board of supervisors declaring that a seat upon the board of commissioners is vacated, the Commissioner whose term of office next expires shall relinquish that sea t.. - the event more than one term of office shall expire in the year in which the board of supervisors declares a seat to be vacated, the commissioners whose term of legis. agm; ss/rgb:ggg 26 12/08/86 DRAFT office shall next expire -:,ay classify themselves by lot to determine which of th.:-T shall relinquish a seat. pection 242 - Uniform District Election Law Election of members of the Board of Commissioners conducted for any resident '\toting division shall be called for and held pursuant to the Unifci-m D-Ist.rict _lection Law. 1 � r Section 243 _�-- iling _� ca. tie s i' All vacancies. `1 n the office of Commissioner elected pursuant t-c ; :: i triis Chapter shall be filled by appointment by thiE rera nj7.9 C ,r.r.: ssicners or, in the absence of a majority coc,sensus "Al �: �-urr , �, the hoard of Supervisors. Section 244 Vacaiic% ProcE'idure All vacancies ti:e office of commissioner elected pursuant division provisions of this Chapter, shall L)e to § 1780 of the Government Code. legis.agm; ss/rgb: ggg 27 12/08/86 DRAFT 17HAPTER 2 0 ArticIG 4 - Officers and Employees Section 250 - uificers of the Board The officers of the Board of Commissioners shall include a president, secretary and treasurer, and may include a vice- president. •f Section 251 _ Consolig4t lon The Board of r«y consolidate the offices of secretary and Section 252 -- Dutics The duties of th,_ .--ffi -e:-s ol. ,:ne Board of Commissioners and any standing committee thereof ; shall be described in the administrative cC:d�_ 6ection 25J. - _tfj _ ` '.. The officers or t._,, :pis`_. _ _'. !- flail include . (a) Chief (b) r i,,&ric� (c) An attUii,,c­, : ? (d) A chief engineer. Section 254 - Offiae*:-i veYr,1e =._t _ -sure of Board The officers of to e district shall be appointed by the board of commissioners and ser-,..e at it.s pleasure when such positions are required to be filled . Section 255 -- Confirmation offOther Officers and Employees All other officers and employees shall be appointed by the chief executive officer and must be confirmed by the Board of legis . agm; ss,/rgb: ggg 28 12/08/86 DRAFT Commissioners. Section 256 - Manama ant The Board of Commissioners, except as otherwise specifically provided, shall manage and conduct the business and affairs of the District and may delegate its powers to any officer or employee of the district . A . Section 257 - yfficers_tDu, ias , The duties, and authority of the officers of the di.stric*. :„all hE: generally described in the administra ti \re c:c do c.1 c-he and shall be exercised according to the policies, and standards established by the Board of Commissioners . Section 258 a Mectir All meetings c-f uaard 1 ` CorLa-aissioners shall be held and conducted pursuant- to Chap-'er 5 (commencing with §54950) , Division 2 of Title 5 , of the Government Code. legis. agm; ss/rgb.ggg 29 12/08/86 DRAFT CHAPTER GENERAL DOWERS Article 1 - General Section 300_ ® )Necessary_and Propor The District has the power generally to perform all acts necessary or proper to carry out fully the provisions of this Act. Section 301 __ Be&l i. The Commissic)n 7r:&- ado-�)t a sez:3' for the District and alter it at pleasure . Ejection - 3_02_- Pros=� The Di strict. 'mad: r„6,.e IbE. � rant, purchase, gift, devise, lease or otherwise hold and enjoy and lease and dispose of, real. and pars.-,nai cf avery ?ii.nd within or outside of the District , necess-,_,_., ic, n _. Or convenient exercise of its powers . Section 303 -- Emirent:r The District may exert se the power of eminent domain for any of the following purposes (a) To acq-,ire, enhance U:: improve lands within its ju isdicticn. (b) To acquire lands immediately contiguous to lands within its jurisdiction,.. (c) To acquire rights--of--way to land inside or outside of its jurisdiction. (d) To acquire any property necessary or convenient to the purposes specified in this Act. legis. agm; ss/rgb: ggg 30 12/08/86 DRAFT Section 304 - Finances The District racy issue bonds, borrow money and incur indebtedness azi authorized by the provisions of this Act or by law. The District may also refund any indebtedness as provided in this Act or any other applicable law, and may also refund any indebtedness by the i.ssuarice of the same type of obligations as those refunded and folloin� the same procedures as at that time may be applicable tc the issuance of such obligations, and may .retire any indebtedness or lien that may exist against the district or its property .- ' Section 305 -•- Cohtrac:t. As to any service which the District is authorized to perform pursuant t.c the �.l:o. isi�:::s cf this Act, the District may contract fog- the such service by the county, a city, another c istri ct or any a.gency of the State or of the United States . Section 306 W- Entrj_ 7)p :.ands In order to carry o-.1t the provisions of this Act, the District or its authuri.zed" xepi:-esentatives has the right of access to, and may to the extent permitted by the California Constitution, enter upon land within or without the District, with or without permiission of the owner or owners of the land. The entry of the Di-tr-ict or its authorized representatives does not constitute, and dcr-.z not give rise to, any cause of action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice. legis . acim; ss/rgb:ggg 31 12/08/86 DRAFT Section 307 - Execution of Co,��racts The District :aY .xecute, by its president and Secretary, all contracts and other documents necessary to carry out the provisions of this Act. Section 308__= Leggy __ Ct,'Cris The District may C:iTC1'cF:iiCE and maintain any actions and proceedings to car_J ::,t: i r.s p;.)-rp:-,se or protect its interests and may defend any ac:t is;n p270cee:di ,,g brought against it. (WC 35407) Section 309 -- Public The Disc..rict may diss�mi-;:,,�e information to the public concerning the rights , Fr-c;�:c:rt:.w.e5, pac•licies and activities of the District . (WC: 3541-1 ) Section 310c�,:ia;.r:, The COmn s s i on. :;,._ _ _. a,,ec aQ- ini strative code for the District , wj7iich Code s-ha l include , but not necessarily be limited to, the fcllc-vrin a : (a) The organizat:i.:)n of the. Board of Commissioners and the duties of its; off-i-ce s and corrsnittees ; (b) The duties cf and the extent and scope of delegation of authority to the chief executive officer of the District; (c) The rules and requl.ations governing employee standards, wages, benefits and general duties ; (d) The rules and regulations governing the use of District property and establishing the conditions under which i legis . agm; ss/rgb: ggg 32 12/08/86 DRAFT j the District wild engage in and maintain its services; and (e) The manner in which the Commission shall meet, legislate -and, generally , conduct the business of the Di strict . (.:e� ) $ection __311__ Rules e.z_d ons The Cormi Ss 10 n, :.•.�V est-f°t>! i sh by ordinance rules and regulations to he into the administrative code of the District, and ;;,ay p_ova6 e therein the conditions and circumstances u:-:der ti,e Di st.ri ct shall furnish services , utilities or foci l .t.: . t:r, :=_._s.:r:s or lands within or outside of the District: or tc: c>,�t_ u„ other provisions of this Act, including provIS J .,, . :;. c-bons of fees, charges , assessments , taxes __.,: ,_r;` of enforcement, collection and penalties for iance , Section .33.2- -- Wi , E• se=__OE-' 1 rie'ti Rules and 17egU1 a.:_w o::.s mn�,t. pro-vide that water, sewer, or any other ser-vices aut.hnr. ized by this kct shall not be furnished to: (a) persons who the rules a---id regulations or against whom there are delinquent wat-er , sewer , stand-by, facility or other charges , or penalties or interest on any such charges, or (2) land against which there is a delinquent assessment. Section 313 Notice and Public Rearing At least 30 days prior to establishing rules and regulations for the sale and distribution of water or sewer service, the Commission will adopt a resolution of intention, set a date and legis. acm; ss/rgb: ggg 33 12/09/86 DRAFT give notice of a public L.earing on the proposed ordinance establishing rules and regulations. The resolution and the notice shall. generally describe the scope and nature of the rules and regulations and indicate the penalty for violation thereof . Notice shall be provided pursuant to Section 6061 of the Government Code. t Section 314 - Violatjoi, Ik histeniez.nor After rules and regulations for the distribution of water and sewer services :a beEl ctitail is'7 d and are in effect for 60 days or more , an,, «i c-i a t i or: is a misdemeanor and the violation shall , upo,a cor.-ictic.)n t1hel-E-of, be subject to a fine of not less than Fifty Dcliars $50 . 00) , nor more than Two Hundred Dollars ($200 . 00) Section 315 G✓.feiriment The District ma_,- E.r.T_er i.nt_o agreements with the Government of the United States ;:1r purposes of accepting Federal funds to construct the nav-1 gabl e ocean, entrance and related facilities and for the repayment thereof or: certain conditions as provided in Section 916 of the Federal 0mn-,`, b-L2S hater Act of 1986 . legis.agm; ss/rgb:ggg 34 12/08/86 DRAFT CZAPTER 3 . Article Extended District Powers Section 330 --Statement of Understanding Consistent with an existing understanding with the County of Orange and the State of California , the District shall administer and raise funds to prc:• .1ide facilities and services as specified in Section 141 (g) of tt)is Act , to the extent only that other governmental agenc-1ee:. ;wing _jurisdiction to provide said administration, funding of facilities and/or services, refuse, fail or chose not: t co � "C:lriC]e <,-_`t. ",rithirk the territory of the District. e Section 331____.Ini,tia_t,i_oi, c; _C.c)-u�ty__gerNrice Area Proposal In the event the-_ : c, Y-d c.f C�:r:missioners finds that other agencies , ha�r� r:c� jur_i _: c,' io_:, or refuse to provide services for facilities pursua, to 4ect.;.c.,;E 141 (g) of this Act, the Board may, by resolt.3t_ion , : ai,e a.ppl.i.c ation to the Local Agency Formation Commission for the initiation of preliminary proceedings to foi-m a county service area pursuant to Chapter 2 . 2 (commencing with Sect_io:; 25210. 1 ) ; Part 2 , Division 2 of Title 3 of the Government Code. Section 332— Conduct c -Droceedi:-:gs Upon receipt of Che resolution of application, made pursuant to Section 331 , the Local Agency Formation Commission shall commence and conduct proceedings pursuant to Division 3 commencing with Section 56000) of Title 5 of the Government Code . Section 333 - Conditibnal Approval legis. ag-m; ss/rgb: ggg 35 12/09/86 DRAFT 1 1 h y. v The Local Agency Fonnat" on Commission may make its approval of the formation of ;:t ounty service area initiated pursuant to this Article conditional upon the requirement: (a) that the services to be provided shall be limited to those specified in the resolution of application so that any authorization for the provision of additional. services or facilities shall be effective only upon approval t_hereo'L b1, the Local Agency Formation Commission; or (b) tl-,at: t,-,e .L.ocal Agency Formation Commission may designate the Boma. " C: 1rir:.iwc1. .,:_._ � of the District in lieu of the Board of the :.onducting authority for the purposes of initiating, conducting and completing proceedings authorized by Section 2521.0 . 1.0 - 25,210. 20 of the Government code ; or (r_) that pursuant i.ct. E,";-z (};} of the Government Code, the Board of Comn;i ssi : _ a , ::1 as the governing board of the county service a ea except;. trint the Local Agency Formation Commission shall not so condition without prior consent of a majority of the nenthers of the Board of Supervisors. Section 334 m Limitation on Be--Vices The county service area established pursuant to this Article shall provide any of 1.'A?& Eer-,.ices. c, facilities authorized by the provisions of this Act . legis . agm; ss/rgb:ggg 36 12/08/86 DRAFT CRAPTER 4 . WETLANDS CONSERVATION Articlo 1 - Annual Conservation Plan Section 400 - Annual Planning For the purposes of this Chapter, the Commission shall annually implement action plans, establish programs and identify funding from national , state, local and private sources, obtain and manage such funds for the, i.mp.lt:,i-tentation and maintenance in perpetuity of the Wetlands Re .toration Program as identified by the Bolsa Chica Local Coastal Program and certified by the r' Coastal Comic:; ssioin. c Section 401 - Fish and Game 'Policies Notwithstanding any other provisions of this Act, in carrying out the pro\6 sJ onS of :;:r;apter, the Commission shall be guided by the pc,'I , cies' at;c of the Department of Fish and Gane and the Count-w of Orange for the following purposes : (a) To provide %o the conEGrva'tlon of the habitat of fish and wildlife resources (b) To anticipate and rasolve potential conflicts between . the conservation of fish and wildlife resources or their habitats and actions by local , state or federal agencies and private persons . (c) To provide for greater certainty and predictability regarding the conservation of fish and wildlife resources and their habitats and regarding private and public activities potentially affecting those legis . agm; ss/rgb:ggg 37 12/09/86 DRAFT resources . Section 402 - Propose' 'Orocgra"m Sixty days prior to the adoption of the District budget each year, the Commission shall prepare and adopt a proposed wetlands conservation plan ( "proposed program" ) setting forth its intended activities for the corning year to carry out wetlands conservation guided b; the pol icj e:s and r :gljl.a Lions of Fish and Game as set forth in Section 401. . he propr)._.ed program shall include the expected amount of for such program as are provided for in 7 UCH (b) of this Act, and a budget for impl erntr.t.i.nq based upon an allocation of the identified sou_-ce.s of re,-enue . If there are additional sources of fundinc t'iza- n provided for by this Act, such as grants or ?_..:. L'. >:r:3,i aSi an shall provide for the timely expenditure. of The proposed program shall include the intended U, i it_fes and estimated costs thereof. At the time of the aazop?_ic�n o,f tiie pr,:.p used program, a copy of such program shall be to the Department of Fish and Game and the Board of Supervisors for re"aieut and comment prior to the r' adoption of the annuaa program, Section 403 - Conside-ation of Yish end Game, the County and Other information Prior to the time of adoption of the budget each year, the Commission shall consider the comments of the Department of Fish and Game and the County and other relevant information to develop the annual program. If no comments are received, the Commission legis. agm; ss/rgb:ggg 38 12/09/86 DRAFT may proceed with the adoption of the annual program without them. Section 404 - Adoption. of the Annual Program At the time of the adoption of the annual budget, the Commission shall adopt the annual wetlands conservation program ("annual program" ) settincj, forth the intended activities, the cost thereof, the esti.nated revenue to fund the program and an assurance that the an;-,ual progran is consistent with the wetlands restoration plan and meets the objectives of Section 401 of this Chapter. A copy of the annual plan shall be forwarded to the Department of Fish and G-;i-o and -"Lie Board of Supervisors. �i legis. agm; ss/rgb: ggg 39 12/09/86 DRAFT .-7"PTER 4 . Article 2 •- Abatement of Solid Wastes Section 420 - Abatement, Collection and Disposal For the purposes of this Chapter, the District may acquire or lease equipment, construct appurtenances , hire personnel , or enter into contracts iri.th private persons or other governmental agencies to abate, c.ol lect: and dispose of solid wastes, the presence of which :'r, t:at .- w or potentially threatens the public health, wildlife, or ti,�_-. haLitats within the District. Section_421 -_ Z4du1�7. :?i":_ __ =3 and To To the extent pel_Y„ t.tc!d b l the commission may adopt and enforce rules and regi_iiations for the purpose of abating the creation of, c,r ;ct :;.t_ .. :i _ L i_ia;? .:r. solid wastes. Such rules and regulations rna1 <}i_-­ :,c-'z-)rt ei3 a;;d en-forced in the same manner in which the COTP.MiSSiO.i ria%. adopt and enforce rules and regulations pursuant to Sections 311- s14 of this Act. Section 422 - Definition For the purposes of this I:r :icie, "Solid Wastes" means all putreseible and nonLLptitre:acitle solid, semi-solid, and liquid wastes , including ga�� �,:�., ;:rash, refuse, paper, rubbish, ashes, industrial wastes , deIiloiition and construction wastes , abandoned vehicles and pants thereof , discarded home and industrial appliances, manure, vegetable or animal solids, and semi-solid wastes, and other discarded solia and semi-solid wastes . legis. agm; ss/rgb:ggg 40 12/08/86 DRAFT C` TIAPTER 4 . Article 3 - Flood Control Section 425 - Coordination of Flood Control With County of Orange The purposes of this Article are to provide for coordination with Orange County Flood Control and other governmental agencies having jurisdiction to control flood and storm waters , or run- off from irrigation , c.or,aitelrcla: and residential sources, from either within or oute.iae of the z:i� strict, that present a threat, potential threat c: that wc,rlld adversely affect wildlife , wildlife habitat , or ec::logical 'balance of the wetlands , or. the harbors , waterways or pubai_c road,_, within the District. To the extent that such other agencies do not have specific jurisdiction to control or manage. sucl, or run-off waters , the District shall have the authority to control and manage such waters presenting such threat u;- affect as set forth above . Section 426 - Acquisition of_ Riahts of Lands and Rights-of-Way The District may acquire lands , rights-of-way, easements and property of every kind , and may construct, maintain and operate any and all works of improvement within the District necessary or proper to carry out the purposes of this Chapter. Section 427 - Cooperation Orange County Flood Control In carrying out the provisions of this Article, the District shall cooperate with and comply with the ordinances, policies or rules and regulations of the Orange County Flood Control District and may enter into agreements with said District or any other local , State or Federal agencies in the furtherance of the legis. agm; ss/rgb: ggg 41. 12/08/86 DRAFT purposes of this' Article. S t legis. agm; ss/rgb: ggg 42 12/08/86 DRAFT CHAPTER 5 . CRAFT HARBOR OPERATIONS section 500 - Navigable Ocean Entrance and Harbor Facilities The Bolsa Chica Land Use Plan includes a navigable ocean entrance and related harbor facility within the District ' s jurisdiction . It is anticipated that these facilities or portions thereof be constr:<cted under a program designed in accordance with the t>> isia;ls and policies of H.R. 6 . In the event such facilities ar- cunsi.'i�.;:LE3'u , the District may enter into agreements , similar arrangements to operate , ma i r,t.air,, JE. , e1 c,p all or any portion of these facilities v)ji , SL.at.e , County , city, district or other agency or agenc.Jes, :1 an-o other combination of the foregoing, having .,;:: i ,>.<_ c __ C:ese t;arbor facilities . Section 501 - Powex's s The District- mai a, g_;}; c c:::st rust , reconstruct, improve, repair, develop, mai ,7tuir-i al'10 operate, a harbor and all facilities apc%urte.:a;;t. t:,ei e1t.o, c,u;;:iccted therewith or incidental thereto, including V it"t;aut a in a, -L-ng the generality of the foregoing , the following : (a) The acquisition, r•ec.onst.iL-action, repair and maintenance of bulkheads, Seawalls, wharves , docks, ways, ferry slips , -k-°arehol:ses, streets , roads, drives, parkways, avenues , approaches, marinas, aquatic playgrounds , beach parrs , bathing beaches and other recreation facilities , rogett:e_- with structures and facilities incidental thereto. legis. agm; ss/rgb: ggg 43 12/06/86 DRAFT (b) The acquisition, ccnstruction, reconstruction, repair, maintenance, operation, development and regulation of fueling, loading and unloading, towing, repair, warehousing, shipping and reshipping, and other facilities , aids, or property necessary for or incident_- ]] •c..ro the 6eve.lopment and operation of the .harbor . (c) The acd.<isi c: .,:st i:.i-L. iJn , reconstruction, repair, fire protection apparatus , sanitar- , a:,d ic.s necessary for the proper protecti ,:r the i;�..i_,:.,. R � L �g /"` Section 502 - Consent of other. Puhi i.c Agencies Any Count_}', c_' t city, or other political subdivision or sy: .,: _ this Section referred to as "public agenc.,." , invested by grant from the State with the control or management of tidelands and c:_• any other lands lying under, washed by or abut.tinG or inland waters of the State, including the :,n—, avle rivers , streams, lakes , bays , estuaries , z 1,?_C a:'i" :_. . t. : may with the prior written consent of the State l_a.nds :o:I:rc:i.ssiun, agree in writing that any district formed pursuar.'_ to iris g:art shall , for the term stated in the writing , ha . e all or a: y z-igr,T: , title and interests of any such public agency and e, e: cise ali or any jurisdiction of any such public agency in cr.e lands over the lands or any portion thereof. legis .agm; s-s/rgb: ggg 44 12/08/86 DRAFT Section 503 s Lease of The District may lease any property, whether real or personal , and any interest therein to, of and from any person, firm or public or private corpo17&tjOTI, or public agency with the privilege of purchasing o Section 504 - H. ..�tof r�r r ,rc e -`�` Pov-6 "sj. The Di strict =rf;�� �.i , �; it_i; the United States or any department state or any department or agency thereof , tt,e :.i.; a i ; a district or other public or private r. -,e :"J.i r: or any other combination of the foregoing, for he cA, (-ar 1 ying out any of the powers of the district limitation, provisions for the financi„g of ;.._.4tion, developments , and operations . Section 505 - E,t,-I-)1 ;The Corzr;is ;.at; ,:,a., E: a1-1 .st, general rules for the government of the hat"_. _ ac:i j. t_ aTld navigable ocean entrance , including , without the 7rz7eral ity of the foregoing • (a) The I"eCjiii c.t.l ie C 1. ;";C"J. %1 :;', n001 ing, towing, wharfage and of ve.S"s-e1s ar:d the establishment and collecticin of rates , fe:.-s and charges therefor. (b) The and caliection of rates, fees and ctfurges rC' se k'ice _rcm or use of any of the facilities- .^c:nt."- e; iled , furnished or operated by the District . (c) The s-upervision of pilots and the pilotage of all legis. agm; ss/rgb:ggg 45 12/08/86 DRAFT vessels within t.:-,e Harbor facilities and navigable ocean entranca and the establishment and collection of fees and charges therefor. (d) The regulation of the c.; struction of wharves, docks , buildings and improvements olf all. types on property owned o� b- the District . (e) The i s sua.ncG permits for privileges to be exerci __:-b the harbor facilities and nay igablf: C:.t 1 _ :,pon equal terms and the of rates, fees and charges therefor . S.ect.ion .506__-...Adoptjo-n Rules estarl ?7e, p.,r.='ua` ? Ser—'l:ion 506 shall be adopted and enforced ii-i tI:c: t-11-ie rules and regulations authorized b1' Sect ion.-; _. I 1 3 : 4 a Act . Section 507 The Dist-rict ;.r;ay sell c _;. __ franchises relating to the harbor facilities anc nay. ig_an) �- pan entrance and its works , appurtenances , in accordance with such procedure as may be ._ rd:i.ance. Section 508 Rdver4i_z= The Dj s trio xn_a adva rtisG: its advantages and solicit business witi;in or tr.e tj- _trict , within other states or any foreign count_riG!�-. so :;: employees or agents as are expedient . legis. agm; ss/rgb:agg 46 12/08/86 DRAFT Section 509 - County Depart. j -rrt of Harbors, Beaches and Parks For the purpose of carrying out fully the provisions of this Chapter, the District may enter into agreement with the County Department of Harbors, Beaches a:nj Park= for the operations and maintenance of any of the facilities acquired, constructed or within the purview of the Distri.c',t pursuant to this Article. Section 501 - Federal A reement All or a portion of the ha.-b.o<<- facilities and the navigable ocean entrance may :�z. Ay funds provided by the Federal government under a cost share program. The District may enter into ar, ✓+gl ee:at::: to secure such facilities and the funding of the casts o_° ccn: 7t.ruction. The agreement may provide for the repayment of k;;e 1 el:Je--al funds consistent with the terms of the fedpra i cc;st r: t G::. :-trouram as defined in Section ,. 113 of this Act anc as pro•,-ice_t 1:0... -ir. Section 701 (c) , Article 4 , Section 720 et seg; Article- 5' , Sec4uicn 732 of Chapter 7 of this Act. legis.agm; ss/rgb:ggg 47 12/08/86 DRAFT CHAPTER 6 e W.A'.ZR E- SEWER FACILITIES Apt P? e I a Water :operations Section 600 ® Powers The District may acgiiire, con.ro]- , distribute, spread, sink, treat, purify , recic';ri, reca—,tore- , and salvage any water, including sewage a»d si :r:; ha; _-r-s, Inr the beneficial use or uses of the District , it.S 1.` _..', Z , cr the owners of' rights to water in the lei str-.i.,cV . Section 601Wate2:- The District the benefit of the District, store wEiter 1:r __ f u t-J.,--n, nd it appropriate, acquire and conserve water and x:-ater r i..Ih-s. a.ny useful purpose . Section 602 -- Water Cs The District rii�, , : e «;.r __ _ x :t_ght,s, works or property useful or necessa,-* to c ,tu e-vr; >'i store or make use of water for any purpose autlio zee b,- t1r i-s ,,_.t . Section 603 - Water__ The District ma.r wa _ar under its control , without preference, to other publ i C agencies or persons within the District, for use t.ne District. As used in this Article, the ter-r, "water'' Tneans potable water and non- potable water. Section 604 -- Water Worh.a The District rv.ay acquire , pawn, construct, maintain, improve, operate and keep in repair the necessary works for the production, storage, transiaissior, and distribution of water for legis . agm; ss/rgb:ggg 48 12/08/86 DRAFT irrigation, domestic, indust- ial and municipal purposes. (WC 35401) Section 605 - Conservation The District may underte_-ite a water conservation program, including the develo,-)tent. and distribution of informational material , to reduce - :F,a: use am require, as a condition of a new sererlice, that-_ r(_;: --sonahn>e saving devices and water reclamation devices --duce water use. Section 606 s Wat.ei0�_:f_-.:_:� ti The Di str ic:.t rra.,F >L:p :i.y <r; : J i r .,ater to property not subject to ger,era3 6,� C;r district assessments or charges at speclai ratc.5 ; te-iiis c;7i ::UFldi.tions, as are determined by the Commission Section, 607 -_ Rest!: The District. rr,}_,. i '._i rat =i1<< "Se of District water during an emergency cause: by drouaht, o: other threatened or existing water shortage, and may pychibir wasting of District water or the use of District eater d..irir,c; such periods for any purpose other than hoiisehcid uses or suc'. .tether restricted uses as the District determines to be riecessary . The District may also prohibit use of District water during such periods for specific uses which the Commission finds to be non-essential . Section 608 -- Shortage_ and Emerg&j_n A finding by the Commission upon the existence, threat, or duration of an emmergency or shortage, or upon the matter of necessity or of arty other matter or condition referred to in a.le is : 49 g �% ss r b/ g g9g 12/08/86 DRAFT i Section 607 , shall be made: by resolution or ordinance. The finding is prima facie evidence of the fact or matter so found, and such fact or matter shall be presumed to continue unchanged unless and until a contrary finding is made by the Commission by resolution or ordinanc-e. (WC- '71642) Section 609 F" _ ind 1_ngsi_ A finding made b, thE. pursuant to Section 608 shall be received in e-,--J,6ence i•r, ar;,> ciN;i1 or criminal proceeding in which it nay Le c`f= .. ::r: b- proof and evidence of the fact or _ i.t.ed or overcome by other sufficient evidence _.� _. n .:: 1C 1 PI—cceeding. A copy of any I resolution or ordd-nano-- se-'L J nc: .}; such finding shall , when certified by t-he �_.. ct , be evidence that the finding was made I"i :i:avrn by the resolution or ordinance and cent = i Section 61-0 -- Xi sda-mean r Front ani after the ��� �-i _;;a. i,r::: -,r posting of any ordinance pursuant to this Act, and until the ordinance has been repealed or the emergency or- t.ireatpned eni:_rcency has ceased, it is a misdemeanor for any cr apply water received from the District contrary to or in violation of any restriction or prohibition specified in 'che ordinance. Upon conviction thereof, such person shall be punished by imprisonment in the county jail for not more thans0 days, or ky fine not exceeding six hundred dollars ($600. 00) , or by both. legis. agm; ss/rgb:ggg 50 12/08/86 DRAFT Section 611 a Mates DiffererA _Class Any water rate ¢:_xed pursuant to Section 761, and in accordance with the terms and conditions or annexation to the District or to any zone or improvement district within the District, shall be deemed to be the rate ;rcr a different class or condition of service. ,.. _. " Section 612 - Rules br,f2 The District na,,> estaoi.lsh rt�:j es and regulations for the sale and dist:ri.b-L.tiori ,f the: manner provided for by Sections 311 - 314 of t.h s A--L- legis. agm; ss/rgb. ggg 51 12/09/86 DRAFT r`.i#:T5P7i�r 6 . Article 6gwage T-eatment and Reclamation Section 620 - Powers The District may acquit- , construct , operate and furnish facilities and sew Vj ces fhr '---he collection, transportation, treatment and ::.- and reuse of sewage, waste and storm waters . Section621 -__Contract. E.0 z,ei'Eva _ditz, �� alid Outside District The District nay any other person for the use of facilities to co.1=. C-A._ r.... ancta: ? - Lnd treat wastewater or to provide such servd es i i, ::_Air of the District, except that before the D st.�'i c;-' may p -ovi ie such services within the boundaries cl ancthc_- t.4.._� i � t~ �x; _n,� .° :_:. ch has the same or similar powers, it shall sec.1- i�1::_ �: ::. � _-,' of the governing body of such other agenc;J. Y a et:tic `:winks bPCtiox�_ 622 -"_--Less��7Ga_=-- ,d.�--8--_— _- ---.-- Upon providing a system in any area of the District, the Corrtmissi.on ma)- dec;G-a e the further maintenance or use of cesspools, sere?? c c,- 1: he local means of sevage disposal in such area to be, a pub:: �c nuisance and may require all buildings used by human beings to be connected with the sewer system within such period as may be prescribed by the Commission, provided that such buildings are ;_thin 150 feet of the system. Section 623 _- Y rwDrov.eme: t. .D st iota The District may exercise the powers authorized by this Article within: any specified area of the District, providing, legis. agm; ss/rgb:ggg 52 12/08/86 DRAFT however, that any such n._�a be organized into a designated improvement distric" established pursuant to any of the provisions of this Act or annexed to an existing improvement district. Sect i on—614 -- ns!a--j 3.gti cr,_vof __Wr> ie .E..__Ra a s, Streets and Rights- Of-Way The Di st ri c,.. its. se,,,rers and drains in public streets or roads arz6 -1-, J L-c, and for this purpose enter upon it and proper excavations, restoring i t: tc t_rc, : ., ..c ;;c .; .L i.c-,:. .. he work of restoring and repairing any public-': � .;_ _per. it tree ;:;); ;-)tl.T shall be done under the supervision of the of Public Works at the cost to the Di.s4rict al, i :i the standards established by the Board of ing `upon County maintained roads for this purpo--' . , Section 625 -_..lnspeq -i_r-r, Within the territ-ory of any ir;t o lenent district established to carry out the powers of this Article, the District may enter upon private Properti° for the rpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to in which a violation of any rule or regulation is found to ey:i.st. Prior to the termination of' service, however, tree District shall notify the owner and tenant, if any, of such prc�pert-,:° �hat service is intended to be terminated. Such notice shall be delivered to the property owner by certified mail. at least 15 days prior to the date of legis. agm; ss/'rgb:ggg 53 12/08/86 DRAFT termination of service aria be posted conspicuously on the property or hand-del v-;2--ed to the tenant. 689tiOn 62-k---JO-AIe _of_ W.4ter Zffh-lezil-ADd By-Products The District may &ell or dispose of any water treated effluent, fertilizer crl nthr.r hv-•product within its boundaries resulting from the operat:.ions clf its se-:age systems, treatment plants or other :reuse for irrigation purposes or by discharge upc..: I .al; in G manner consistent with the requirements and c.:f the Regional Water Quality Control Byoaprd e ♦ and 'L.ne ::.c,:,r,'__,` a,rl: :: : ce health departments . Seglion es The District may e:s A:abl i sh agates and charges for the reuse of reclaimed water , cf. amounts of such rates or charges do not excc.e e :rr_- °::-r ., . . of collecting, transporting and treating charged, however, may be less than such cost ? < C' r-ot% ti;ion finds that the reuse of reclaimed water —J -1.1 in t-he conservation, protection or replenishment of grou.:i +wA-"Ler, surfr:ce or imported water supplies . Section 628 - Asses:�ment s- E"or Ears;. The District may recp;i.re any resident or property owner who desires to have arty s`..act-ure: connected to a district-owned or operated sewer system to pay a proportionate share of the cost of such system in the event the pl-operLy upon which the. structure is located had not been assessed for its share of the cost of the acquisition, construction or installation of the sewer system or the landowner had failed to pay the assessment. legis . agm; ss/rgb:ggg 54 12/08/86 DRAFT Section 629 Rules Re-.auiations, The District jz provide for rules and regulations for services and the use of facilities authorized in this Article in the same manner by which it may provide for the adoption and enforcement of rules and requI ations pursuant to Sections 311-314 of this Act . legis. agm; ss/rgb:ggg 55 12/08/86 DRAFT CHAPTER 7 . T—NANCIAL PROVISIONS Arty' cl.e 1 Annual. Budget Section 700 Designation of Funds The Commission shall annually provide for the appropriation of monies for the use of the following funds: (a) A general fund which. sha31 consist of money receiveJ by the District and nct specifically appropriated to any other fund anc). t;; be al -loc.ated for the operations and maintenance ..b District r«cilities or services not speci fic3i l,:, 11-,. ether fund. (b) A wetlands c.c.s : cl-4, :. :- Iiind 'which shall consist of money received fror: specifically allocated for the purposes G.irG t.e_. .. 4 c. this Act. (c) A federal shag,-: << :,t.ich shall consist of money received frays spii ifically allocated for the purposes of Chapter 5 of this Act. (d) A bond redemption fund V. ich consists of money received from revenues. specifically allocated for the payment of interest and principal an anti- outstanding bonds of the District. 6eCtion 701 -- Prel i.miIIar.N., Budget On or before June 15 of each year, the Commission shall adopt a preliminary budget which shall conform to the accounting procedures for special districts and the budgeting procedures for special districts (coiamencing with Section 1031. 1 and Section 1121, respectively) , of the California Administrative Code. legis. agm; ss/rgb:ggg 56 12/08/86 DRAFT x Section 702 - Appropriations The preliminary JLI"dget shall provide appropriations for the general fund, the wetlands conservation fund, the federal cost share fund and the redemption of any long or short-term debts of the District. Section 703 - Find. Bjd,, By September 15th of t ac~� `. . . Inut no sooner than the date of the adoption of the annua'_� consei�-vation plan established pursuant to Article 1 wj_-c:h Section 400) of Chapter 4 of this Act, the Coo-,�.issdcn shaij adept the final budget. Copies of the final budget shall be foi,%.oardea to the Department of Fish and Game and the Board of Supervisors. legis. agm; ss/rgb: ggg 57 12/08/86 DRAFT �trticle 2 - !--unds 710 - TrAnsfa: a from- General Fund, Restriction on TxAmltz--from speci I-YLu' q, The Commission ma- estah!.2'.sh �,-nd transfer money from the general fund to any fu.nd�: jit.. deems necessary to carry out the provisions of th"I.s an"i re'\,renues to such funds in lieu of allocating thii, cgerjera-1 fund. No revenues specifically allocated --i e c!&s.-ribed in Subsections (b) , (c) or (d) of Sec.-i-l' ol-i V"-,cj or allocated to any other fund. Section 71.1 8jjrT)jj_AEZ The Commiisssic:n Section 53653 of the Government Cc)-Je , ,ailable from any fund and may pool money 'Lrc,:, i. C,., -� - i:., f��. i c:;r Investment purposes. Section 712 -_._Pool iro- In the e'vent- thc, and invests money from separate funds, a 101-1 c:J- h e earnings received from investment shall 11--�e F] lz�---atea fund in proportion to the amount contributed f-ron. 1-u 'L 1-je investment pool . Section 713 P-0-ligy The Treasurer c:;hai a r s u a r i t. to Section 53646 of the Government Code, annually rantier tcj z1fle Commission a statement of investment po-lic), and E- a detailed monthly report on all investments, incluting the 'L-rpes of investments, the rate of earnings of each, and '--ne distrit-lution of investment earnings. legis . agm; ss/rgb:ggg 58 12/08/86 DRAFT Section 714 a Deposit and _S a:` keeping All money in custody of the District not otherwise invested shall be deposited for safekeeping pursuant to Section 53635 of the Government Code . , E legis :agm; ss,rgb:ggg 59 12/08/86 DRAFT C:8'.FTEF. 7 . r:rticle 3 Taxes O✓ ovation 720 - Egobange of property_Taxal No sooner than 36 months after the effective date of this Act, the Comir.ission may adopt a resolution requesting the Board of Supervisors to negotiate on the Di:.trict's behalf for an exchange of property, ta,..es other local agencies in the area of the District. The Ie.E-io.l.uiion sl,al..l. describe the nature and extent of the new sere? .-�Es ca V t:. ::::s F;�h 5 ch the District provides or intends tc pry. i.c7.e. ;'C:-- i_ . of negotiating for an exchange of properti , xc..s , Sc,' v:? .•99 . 1. of the Revenue & Taxation Code shall apply . Section 721 -- Qount , Upon receipt c �w 1,. .dopted by the Commission, the Board of Supe.-lldi of--�-- , a} a_, ,-=_,Con as practical hereafter, enter into negotia _.ic>ns With i.-I _1,, .Local agencies in the area of the District receiving an c I l)r:i" '_O':'t::ic''iit: of property taxes , or (b) may immediately therea-Le-l:, not-ify 'L.he District that it refuses to enter into negotiation Gs &sted by the Commission' s resolution, for one of the ol.irwi. ,g reasons : ( 1) The amount of revenues derived from the annual tax increment generated in the area do not exceed the cost of services supported by property tax revenues apportioned to other Local agencies within the area; (2) The type of service or see- ,ices proposed to be provided by the District and supported with property tax legis. agm; ss/rgb:ggg 60 12/08/86 DRAFT revenues are riot of general benefit to all of the lands or inhabitant: of the District; or (3) The District is authorized by the provision of this Act to derive sufficient reven-u.es from assessments, charges or fees to bear the cost of providing the seer i ce (-Ir s e—ry i ues propo�.�;ed to be supported by an app�sr t i c�:i� �n�. c:_ p1 ,r•c: t_ pax r•"evenues. For the piarpo:ie-s vf this 5ec:tic; ,, any special taxes levied by the District pr:i-s ::. t_;_ S , :t : . .; - 723 , 724 or 725 of this Article shall j)ot LJ :_ i i} :fie;; in the estimate of revenues available to the t J Faction_ 722_____ County- in the e-,, <&nt the refuses to negotiate a property tax ea:cr:;_- District, the Commission may adopt a s i.mil a:- : eq pest. each year, but no sooner than: une ye-ar E-t. e :e i wing notice that the Board of Supei:, is,, s has t-: .,abate on behalf of the District. Section 723 --_Special._�t°&;-cat. The District ma,; le,,.°, a rt;c-: :ici Lax pursuant to Article 3 . 5 (Commencing with Section 5007/5) of Chapter 1, of part 1 , of Division 1 , of Y.he Gc^n%e::,nment Code. Section 724 The District i'rnay a special tax pursuant to Article 16 (commencing with Section 5: 970) of Chapter 4 , Part 1, Division 2 , of Title 5, of the Government Code. legis. agn,; ss/rgb: ggg 61 12/08/86 DRAFT Section 725 Special Taxes .- KF110-Roos The District may lc,,y a special tax pursuant to the Mello- Roos Community Tacilities Act of 1982 , Chapter 2 . 5 (commencing with Section 53311) of Part 1. , i)ivision 2 , of Title 5 of the Government Code . legis . agm; ss/rgb:ggg 62 12/08/86 DRAFT -.JAPTER 7 . Articls 4 federal Repayment, Assessment Section 730 - Federal Cost Share Determination Prior to the adoption of the preliminary budget each year, the chief e}:ecutive officer shall. prepare a report estimating the amount of money needed for the pu-poses of the federal cost share fund. Section 731 - Assessmends for Deficiencies In the event. determines that the money available in t_r,e i .ac:. : r.�_ .:.:: .. e fui,d is insufficient to meet the amount est 1,a.eQ-4 G ::.r: lef executive officer, the Commission shall a6cpl of intention to levy an assessment 1� ithi:i 4 Federal repay-ment district or any or all zones of benefit established pursuant to Article 1 of Chapter 8 of this Act. Section 732 - ATiC:urit of �;Otice The resoiu:. icu;. c.r int.ent_ .;;-: shai.l specify the amount of money needed to be 'r:y as-sessment and establish a date, place and time for a puhblic heari_f)c:. Notice of the hearing shall be published pursuant to Sef_—r lori 6066 of the Government Code and specify a place and" time where the resolution and report of the chief executive officer may be seen by interested persons. Section 733 -- Zones Prior to the hear .;:; , the Commission shall determine the need to establish a Zor:�_- or zones within the Federal Repayment District. Each zone foz which an assessment shall be levied legis . agm; ss/'rgb:ggg 63 12/08/86 DRAFT shall be referred to as a rartici.pating zone. The Commission shall determine the pYo,:�ortionai amount of the total assessment that shall be borne by each participating zone based upon the benefits derived by the respectiv-e zones. It is declared that for the purposes of any assessment levied under this Article, the property so assessed a given, d one is equally benefitted. Section 734 - Fiea At the time and !V,or 'the hearing, or at any time to which the he.ar-in.: �• : :. :, ;rd, the Commission shall consider ai -ct i cans to the proposed assessments . nllri:-,. ..: t,',e hearing, the Commission may establish rieW u.. ex °:. ,.1C�e established zones from participatiol:, i;iay c ll,a V...c- -d; `s of zones or may reduce or increase the arnco: nt. -Y .:ithin each zone . Section 735 - Post At the conclusion c: _ the Commission may abandon the levy of the ��_- I; .�:�:� or approve them as originally proposed c._ nti wring the course of the hearing . Section 736 !�_r; , 6onment If the CoMITii.ssicj.; abandons the levy of the proposed assessments, na further proceedings related to assessments for the federal cost share fLind may be undertaken for a period of not less than 6 months , the c. Fnclusion of the hearing. Section 737 - Frequency_�f Assessments If the Commission approves the levy of assessments, no legis . agm; ss/rgb:ggg 64 12/08/86 DRAFT I additional assessments relate-w to the federal cost share fund may be implemented for a ryeriod of not less than one year following the effective da%.e of the levy of the first assessment. (new) Section 738 -- Deposits of Assessment. Revenues Revenues generated thrc•og;n assessments levied pursuant to this Article 4 shall be. deposited into the federal cost share fund and shall he used' fc�r the r :i r uses for which said fund is established. 4 legis. agm; ss/rgb:ggg 65 12/08/86 DRAFT .P"ER 7 . Article 5 - Assessments in General Section 750 A General Xseessmants The District mall lever assessments to finance capital improvements pursuanr_ to the 'mprovernent District Act of 1911 , Division 7 (commenc:ing ec'c-ion 5000) , the Improvement Bond Act of 1915, Di�fi_�i:7I1 .0 ,��: Pnrie icing with Section 8500) and the Municipal inpru-ven.e-.nr. (':I f 1913 , r.i'vision 12 (commencing with Section 10000) of t;:E. L ,_.. . i-� fill. :r� a_i s Cade. Section 751. -w Dene f i i, 2% - .-;.y The District. rya s c._,c:i :' c. < aSsesSRlElli pursuant to the Benefit Assessment A i:- cf 1982 , (.-na pter 6 . 1 (commencing with Section 5470(3) , _ F e 2 , of title 5 of the Government Code . Section 752 _, Co . ecti_�-,17, All County officer charged the duty of collecting taxes shall cc l..ec�., u��ar, :-eg:z�_-s�. > " th Board of Commissioners, District assessments to this Chapter with the general County taxes with the s .m_: penalties and interest, and when collected, shall _ bF. psi i t. __. Li strict. Section 753 - Federal Cost Shaare Assessments, Liens Assessments levied pursuant t.o Article 4 or Article 5 of this Chapter shall be a lien on al]. of the property benefitted thereby. Liens for said assessments shall be of the same force and effect as other liens for taxes , and their collection may be enforced by the same means as piot?ided for in the enforcement of legis. agm; ss/rgb:ggg 66 12/08/86 DRAFT liens for State and Counter y�, f 1 egis. agm; ss/rgb:ggg 67 12/08/86 DRAFT Artir;lz� - Rates, Charges and Fees $action 760 - Water Sales, StaLd-by Charges The District may, in lieu, in whole, or in part, of raising money for District pu. -2oscl-s by assessment, make water available to the holders of title of land or the occupants thereon, and may fix and collect charges therefor.. The charges may include stand- by charges to I andholde -s to wh-j cl, water may be made available, whether the stater is acri-ially Lieecr �-r not.. The charges may vary in different. months "I localities of the District to correspond to the cost ol the service, and the district nay use so much of the 1:roceedz, e the charges as may be needed to defra,ry the crddna.-;' operate ii, :intenance expenses of the District and for any c r.`b :iG ;°f, _ .-t:r.ic:t PkIrpose. (WC 35470) Section 761 -_Water The Commission nnay --es t evi.se and collect, the rates at which water shall. be s; Id . Di-fferent rates may be established for different classes -!r cond t_i.c)ns of service, but rates shall be uniform throughcaft- t11-)e for' Like classes or conditions of service. (WC 7i614 ) Section 762 - Sewer Char,-;es The Commission may prescribe, revise and collect, charges for the collection, treatment and disposal of sewage. The Commission may provide that such charges may be collected with the water rates of the District and that all. rates and charges may be billed upon the same bill and collected as one item, and legis. agm; ss/rgb:ggg 68 12/08/86 DRAFT that in the event of to pay the whole or any part thereof, the District Tray discontinue any and all service for which such bill is rendered, but this provision shall not be construed to prohibit the c-ollectio,n of rates or charges by the District in any other z,anner.. Section 763 - Use c.:¢ Pevenues The C.omn;issicrrr, a&-- t::r-acf.i.cable, shall fix rates for water and char des as will result in revenues which will : _ (a) ray l:c ;,, .:.-_ . _ r, ��.r;�;:sz_ of the District. (b) Pray ire a ?<<i :i-I-.— -iation of works . (c) Provide a e s,irp11.1s for improvements , e.placements . (d) Pay t:lie 1 on any bonded debt. Section 764 The Commdssion r_, _- f i.t; <c; ;_' : *e , collect rentals, fees or charges for t_ne in parking areas under the District's Ccntrc�i , ano Fi1a r a c, > c< rates for different classes of customers or users . Section 765 - ._Eesol ut oi. cf _!rA Lnz-10 ., E-otice. Hearina Prior tc, f ia:i,-,g C,:: arT,endi ng fees or charges for the parking of vehicles , the Crsrrtr,itis cjl shall adopt a resolution of intention to do so, which resolut on sha,"� I establish a date, time and place for public hearing n,-, than: 30 days after adoption of the resolution of intention. Notice of the be provided pursuant to Section legis. ag-m; ss/rgb:.ggg 69 12/09/86 DRAFT 6061 of the Government at least 15 days prior to the hearing. A place a::d time shall be established for any interested person to review the proposed fees or charges the Commission intends to fix. Section 766 - Deposit of P&K).iner_" Q( k The proceeds of t?-& fees and charges for the parking of vehicles shall be p; =�d i r, ,_yze «iStr ict `s general fund and expended for the _i.,:`.c_:, .:z .- ; f e: �t.}a:,, repair and improvement of parking places i..;c t. c::...< e Commission. Section 767 - Excss,sr . :?_ ;z _r{._.__=1__..io� t.]Lnds_ Conservation Fund At the end of e:ac.r; z :_:,_ : e_:I Lhe Commission shall direct the District ' s financee off.ic:.e l t_.:, deter-mine if the proceeds of parking fees and .i,.�i_ - - Fr.�as of the costs of normal operations, n'aiT-zt_f:za: : _c.r:=. `__ ._ . 1n the event the finance officer detEr-mi.n Fl;-� c- }„L .:.._,L.s , the Commission shall transfer the amount: of t.I�e eyc:ess f1ron the general funds to the r` wetlands conservati_o„ f-rzd to --,le � thereafter for the purposes and duties of the Dist }-i._:t �;c.:,' 'ded in Chapter 4 of this Act . -_ Section 768 Wh&rfacre Anchorage Fees The Commission may aix and titer rates of wharfage charges, slip fees, anchorage fees and other charges for the use or right of use of any facilities constructe6 , owned by or under the control of the District , pursuant. to this Act. Section 769 - Surcharge on Wharfage, Slip and Anchorage Charges and Fees The Commission matt establish an annual surcharge in addition legis. agm; ss/rgb: ggg 70 12/08/86 DRAFT I l td-�" charges. and fees author.tzed by Section 768, for use of rDistrict owned facilic'_es, whether or not such facilities are under control of the District, a lessee or another governmental agency. Sect .an 770 ___Peevenues_ Yr°gpmBuz h$r-ge..s to Wetlands Conservation or Ygderal opt 6h�.�.e A_; _Ci Proceeds from su: c i;a ;E C c:c ect.ed pursuant to Section 769 shall be depc;-tzited in i.;:e conservation fund or the federal cost share r:.;-, : tc_ for which such funds are established by this shall determine annually the disposition c, t.i.= r : :ec_ �:K f? S5 7-4 'harges prior to the aioption of the any-,,al Section 773- °• 8cr,e.dulle, o> The Com-mi ssio;'I -Lchedule of charges or fees, pursuant to .nd e t ermitted by Chapter 13 (commencing �.�ith 22 , Title 5, of the Government Code . Section 7!'2 �.. i.t�,� fc x-=`.t:r° x can c-2�_.Schedule The sched..] e for charges -';r, fees shall be adopted or amended annually prior to v-he advpLi.on of the annual budget and shall be subject to consideration at. the time of the hearing set for the consideration of the annual budget. legis. agm; ss/rgb: ggg 71 12/09/86 DRAFT 7 . krticle Transient Occupancy Taxes Section 775 -- Definitions The following terms as use:: in this article shall , unless the context clearly indicat:.es o,.t�erti.i &e, have the respective meanings herein, set:. fortb: (a) Person shall mean, an..- inai-ridual , firm, partnership, joint `,,>tni :.� e�:�=c.3c.:, ici,, social club, fraternal _-;c:.xr.t. __ ;, �;r,a.7y, corporation, estate, trust, i,:_�" ..1- _:. giver , tz ustee, syndicate or any ot'le.' i on acting as a unit . (b) (i ) Hotel st:a:s.; t;E: . G;, .'- tr zcture, or any portion of a 1) E _ <c::i.. occupied or intended or des; : : _ .. transients for dwelling, 1,od.u-.;,;^ 1_ :,;, r,Oses, and includes any ilUtc r 1": ; tiul ":,_S,% I'i0'rae or house, motel , studio d, i,ot.el , lodging house, room a 11..... house, dormitory, Public or F i�: u7 ciul., :nri .. : home or house trailer at a fi.rcd 1c:,a :, o__ similar structure or port r. t:her:eor . ( i i tic)te ; doiei not :nsan -any of the following: Any hospiL'al , sanitariu-:, medical clinic, convalescent home , rest hcme, ho.m for the aged people, foster home or other sin.-I ar facility operated for the care or treatm_nt of human beings ; any asylum, legis. agm; ss/rgb: ggg 72 12/08/86 DRAFT jail, prison, orphanage or other facility in which human i:t ' ngs are detained and housed under legal restraint; any housing owned or controlled by an educational institution and used exclusively to house st:uderts , faculty or other employees, and any fraternit n,r sor—ority house or similar facility occu.: . exclusively by students and employees of educational institution, and officially or approved by it; any housing opa ate. cY :used exclusively for reli- gious, echicat.ional purposes by an organization ht��inc for exemption from ta:'eS und6l7 the laws of California ; any c„rne< a governmental agency and used to hot:.se its, en.pl ogees or for governmental purposes ; any ca',cip as defined in the Labor Code or other fu,:-.;fished by an employer exclusively for employees , any pr iNrate dwelling house or other individually ow:ie l -in jl.e--family dwelling unit rented only occasionally and incidentally to the normal occupancy by the owner or his family; provided that the burden of establishing that the housing or facility is not a hotel as defined herein shall be upon the operator thereof, who shall file with the Tax Collector such information as the Tax Collector may require to establish and legis . agm; ss/rgb:ggg 73 12/08/86 DRAFT maintain s�ac�-. -atus . (c) Occupancy :. area:: the use or possession, or the right to the use or possession, of any room or rooms, or portion thereof, in any, hotel for dwelling, lodging or s I e e p i n a I.-',-f-poF:;e.1 . (d) Transient who exercises occupancy or is by reason of concession, Permit, j c ease or other agreement for a period or :. + ; u �;nsecutive calendar days or less , --�Iendar days as full days . Any such r=c ._. e ;: :.- ,ace in a hotel shall be dec7tied t.. tic- _:...�,a . ,;_. .-i- i l the period of thirty ( O) da± --, tI:e, is an agreement in writ .ing aT.a e;he,06c4ant providing for a c::upanry. In determining v het.i,Er a :sient , uninterrupted periods of time I.,-rior and subsequent to the e f f rc i v - :a„_r; S a.: T_ i. _ e may be considered. (e) Rent shall -T p r . __ .} at:ion charged, whether or not r ece i VC.: . _ t l'-L 0l* Qllt y of space in a hotel valued in xror.ey, whether to be received in money, goo•�s , la :or or ot-herwise, including all receipts, cash , credits ar-d properz:y and services of any kind or nature , wit.hoat- env deduction therefrom whatsoever. ( f) Operator shall. mean t..he person who is proprietor of the hotel , whether in the capacity of owner, lessee, legis. agm; ss/rgb:ggg 74 12/08/86 DRAFT sublessee, riortgal-ic-,. in possession, licensee or any other capac.-' t-y.. Where the operator performs his functions through a nanaging agent of any type or character ether than an fniployee, the managing agent shah also be a ­_r,at,3r for the purposes of this art. �hL, sane duties and liabil- ities as 1 iance with, the provisions principal or the managing agen't., ij-) uered to be compliance by bC,+11'1-; I (g) Ta); A,:;E the Secretary of the Di s ,_ section 776 F o r t h e pl-ivt V.:- _;C.! hotel , each transient is s u b j e ct t„ and amount of one-half of orie percent O If the operator. Said tax constitutes a ebt- to the District which is rator o extinguished o n,1 y 1 r to the District. The transient sha 1 T,a operator of the hotel at the time the rent is paid in installments , a proportJLoriate h a,-,-e at ta­,, shall be paid with each installment. The ta-A, sha_`! I'i be due upon the transient 's ceasing to oc:_--upy spacc-­ a.,", 'c.ne If for any reason the tax due is not al G* C) of the hotel , the Tax Administrator may require t1ria-L suc1_1 tax shall be paid directly to the Tax Admi,.,-,-'i s t r _*o Y . tax E,hali apply only to lodging legis. agn; ssl/rgb: gqg 7 5: 1,2/08/86 DRAFT facilities within the boundrries of. the District which abut or are adjacent to and art-, in the dis-.---.-'etion of the Commission, an integral part of the marina or harbor's recreational and commercial facilities. Sect J on 7 Z 7 - T a x r,-x e.m : t%. No tax shall be (a) Any person V71.1-11-OL: cac-. ,pancy as to which, it is beyond tl-,E- r S- U-I' strict to impose the tax herein (b) Any i a officer or employee when on (c) An,,,, 6 fc)reign government who is --' 3Y ] SIoI'I of Federal law or i r,t E I-I'a-C.- (d) For the -e, the term "the privi- lege of r rooms in a hotel , inn, tourist hc)u-,s., or other lodging" does not include o'E' ar, ov-ner of a timeshare estate in a r3ori �-- ca project, or the guest of that Owner , to c-;Ccupy t,I,e room, rooms, or other real property in �Thich z-hat owner retains the timeshare estate. For purposes of this subdi%,is-ion, "timeshare estate" means a timeshare estate , as defined tv Section 11003 . 5 of the Business and Professions Code, and the term "guest of that owner" means a person who occupies real property accompanied legis. agm; ss,/rgb:ggg 76 12/08/86 DRAFT by the owner of a tined-x_-._e in that real property, or who exercises tha' :D)wnerls r-ic;. t of occupancy of a timeshare estate without payment of. compensation to the owner. The term "quest of that o-wn(-r" specifically includes a person occupying a t.i?7e.srit pursuant to any form of exchange pr'ogr a r- No exerkipt.ic11 sf).a1]. YfC: a:i upon a claim therefor made at the tizr+e r:er:t. i _> ]. i ,-.,:T- L :d under penalty of perjury upon a form piescrib d 1..;` t.r,L x'L�, �:,_:+,.;.: zst-rator. Section_778_„-_ Duty -- - _:.. Tax . - .... Each operrattor t..a;; `imposed by this article to the same e,:t.ent and 11;-ie as the rent is collected from every t.a6_ shall be separately stated from t-he and each transient shall recei-�,,e c ...: fra.r the operator. No operator of a M-¢: or state in any manner, whether directly Ur _ :: :: g.3:. :� t:� .. -e tax or any part will be assumed or- a or;bed . r:Er ti :t; . ... ..t..- or that it will not be added to the rent, or will be refunded except in the manner Section 779 - Regi:st:._ct.iien Pith gl.ax �,,-I_.i?:inistrator Within t:iirty, (30� days afr.e : ,-he effective date of this article, or b`itril.rZ t2i -L -V ( :30, da�--s after commencing business, whichever is later, each operator ci any hotel renting occupancy to transients shah re-gister said hotel with the Tax Administrator and obt-ain from hiym a "Transient Occupancy legis. agm; ss/rgb:ggg 77 12/08/86 DRAFT Registration Certificatet0 t-, Le at al.� times posted in a conspicuous place on tbE. premises. Said certificate shall , among other things, state the following: (1) The name of the operator; (2) The address of the I.oi.el (3) The date upc);—, `; thy= r. e:;•ti.fic.Lte was issued; (4 ) "This T-.. a n E i � .. Csc.c:��_ ::.:;::y Registration Certificate signi.tie_s, t t-; j::ei ,-.1;; ;,ryr-ed on the face hereof has fulfilled _:k. _ i ; _;: . .. c.r the Transient Occupancy Tax hy ti., Tax Administrator for the purpose olt c i. ct;-;::; c,rr transients the Transient Occupancc; and uaid tax to the Tax Admin- i.strGt:o_ . <<'.r; :; :~i _. .:does not authorize any pei-sc;r; tc: I business or to conduct any l.aw- i? r:, ., tZr`:_..,. as,-; unlawful manner, nor to operate a strictly complying with all local ar:pl is l a; _._Yiuding but not limited to thane re,.1iL it_� T_-= any board, commission, department or r_r I'.a c:e t.;;; s District . This certifi- cate does r; � Ul:,.,s _ :emit. ►� Section 780 - Return Ni._ i_r;.zP.ezl:irerjents and Remittance of Tax Each operator shall , on i�:.e -ore the last day of the month following the close of eac-.h calenda.r quarter, or at the close of any shorter reporting L.er i od rii cis may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by -him., of the t.oi_al rents charged and received and the legis. agm; ss/rgb:ggg 78 12/08/86 DRAFT amount of tax collected fog transient occupancies . At the time the return is filed, .`„e full amovint of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting peiiod& for any certificate holder if he deems it neces:sa,--, l r collection of the tax and he may req-airs -.n the return. Returns and payments are. d't-� .. f, , ,.:, . _. f <<. .... cessation of business for any reason. All :;5 c,pErctars pursuant to this article shall be held tine account of the District until payment `:�-_.:-. Administrator. , <. ; •;. t-c,,L.1unds Preservation Fund All proceeds fro cc-"Ile tion of occupancy taxes shall be depositec: in fund and shall be 1 used thereaft`r fo-- _ L"'.0 duties of the District pursuant to Chapter- Sect ' on 78 _ The District sha.II aJO- Dt rules and regulations for enforcement of the }err: .: ;;,n1 cr r. .s Article in the manner set forth in Se,ti3;,,5 , a_�. .S. r; .` _. Section 783 Criminal�r—enzil.tties Any person viclating any of tne— provisions of this article shall be gui lt.'y of G anj shhall be punishable therefor by a fine of not rLore ti-laij Five r:: ndred Dollars ($500. 00) or by imprisonment in the County Tail for a period of not more than six (6) months or by both such fine and imprisonment. Any operator or other person who fails or refuses to register as legis . agm; ss/rgb: ggg 79 12/08/86 DRAFT I . l required herein, or to furni. any rct-urn required to be made, or who fails or refuses t-1 'urni5h a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or clairii, i.s qu . lty of a misdemeanor and is punishable as aforesaid . Anv, pe_: ci—i rrequ ired to make, render, sign or verify any re-pert c.- c. aim who makes any false or fraudulent report or ] :;t.ent try defeat or evade the determination c}P i:,y, by this article to be made, is guilty cf r,:, _ ,. :_r:.: s 'punishable as aforesaid. legis . agm; ss/rgb:ggg 80 12/08/86 DRAFT EL'nrt-Term Borrowings Section 790 - Revenue Anticigsmtion Notes If money is needed tax: the i.rrLmmediate requirements of the District in an l) f isca.1 year t c, pay obligations lawfully incurred and before rev.eipt of .h4 fiscal year is sufficient to meet painn.ents, pursuant to Article 7 (commencing -.!? tt: 53820) ; °i;apter 4 , Part 1 , Division 2 , of Title 5 , r,f +the. �k7i -:s:te-:i ,`. t Section _7791 - War-_-n' t _: .='----4` ----r, Fi",;e fears The Dis..riCt nc_4 F :;: _< -.,:_L and incur indebtedness pursuant tc the P:.l-�c1e 'J' es a;:0 i i.r«ltations of Chapter 4 . 5 (commencing w th G of Division 13 , of the Water Code . T.';c: :_...$.-.. ..-._ . . __ „ ith respect to incurring indebtedness 4 . 5 , the same rights , power, duties an:6 ,. e : r.r; :__,i � the Board of Directors of a California Water f, . >..r ..i_ . Section_7.9.2.._ The D i s t r i cf zr: =i:c ._ _ , _ : promissory notes pursuant to sections J _ f:i.0- 7iU _ r ..�. :.* . , mart 6 , of Division 20, of the Water Code . The C-on issiorf shall have, with respect to issuing promissory no:-e- pursuant. to said Sections 71810-71812 , the same rights , powers , duties d_: responsibilities as the Board of Directors of a 'a to t:ri.ct. legis. agm; ss/rgb:ggg 81 12/08/86 DRAFT IRI.PTER 7 . 9 - Borided Indebtedness Section 793 - General. For the purpose of issuing bonds, the District may exercise the authority and he r- riI,,,:,,visions and limitations of Chapter 2 (coRoiencin:� 33,-"1950) , Part 6 of Division 13 , of the Water C'cdr:.. <<:...,,_ Iiall have, with respect to the issuance of rights , powers, duties and responsibilities LE-: I-ii.-ecturs of a California Water District . Section 794 1..i iz I t a;i.1. a ir �..i -":i 01))-i-clation Bonds For the purpc-.e al. obligation bonds, the District sha."I I be s:, I-. L,111�rization, limitation and procedures cf wiith Section 36150) , or -z6250) , Part 6 of Division Chapter 3 . 5 eN c -ftn 13 , of the Water Cact._.. '1 E -OMITI �;.- ion shall have, with respect to the issuance, uG to- ; r ea iF. f-,p 1.o T I and other miscellaneous provisions per-tain-Ing, of general obligation bonds provided in 3 . 5, the same rights, powers, duties and of the Board of Directors of a California Water District. Section 795 - Revenue Bonds For the purpose of issuing revenue bonds, the District shall be subject to the provisi3Dn's'. procedures and limitations of Chapter 4 (Commencing with Sections 36300) , Part 6 of Division 13 , of the Water Code. The Conirn,-Lssion shall have, with respect legis . agm; ss,/rgb: gQg 82 12/08/86 DRAFT to the issuance, sale and strat ion of revenue bonds and other miscellaneous provisions of said Chapter 4 , the same rights, powers, duties and responsibilities of the Board of Directors of a California Water District. Section 796 Bondsrn , WrYDd fc Improvement districts consisting of contiguous or non- contiguous portions of the of the District may be formed and bonds and warrants of the District may be issued for such improvements districts pursuant to Chapter 4 . 9 (commencing with Section 36410) , chaptCer 5 c commencing with Section 36450) , and Chapter 6 (commencing with Se:c ?„r; {64.55) , Part 6 of Division 13 , of the Water Code. ah e CoiTarissicn shall have, with respect to the formation of i.r;pYcve;ttE*-- •c"_• -�aw,�t�rict.s and the issuance of bonds therefor, t 1-,e same gi��s, powers, duties and responsibilities of the Board of Di_- ectorE� of a California Water District . Section 797 - Assessments For the purpose of the levy and' collection of assessments and other provisions of law related thereto, the District shall be subject to the provisions, proceedings and limitations of Part 7 (commencing with Section 36550) of Division 13 , of the Water Code. The Commission shall have, with respect to assessments, the same rights, powers , duties and responsibilities of the Board of Directors of a California Water District. legis. agm; ss/rgb:ggg 83 12/08/86 DRAFT CHIAPTER 8 1 ELMIRA: i,A7"rlr1:.RICTI ZO?;Z8 OF r 5EXrPIT, kNn 7--`,ROVEMEM� DISTRICTS Article I n Federal Rai—,&Yment District Section 800 - pugpogn� 1 15 1C.r 3.C'L In the event the e n t e:7 into an agreement to obtain funds tc IC' ocean entrance and related facilities. PUI-S`U;E:.'.:-, 50 it may establish a federal repayment: a portion of the District as agrEee6 -L-.C; t-o the agreement. Such district shal--, conr- --. a c,3enerate revenues from any source , v.-.hjch r)cpt.a d for deposit in the Federal cc,sL share i u n, "J _) le purposes for which said fund is establlsn-,cz -;j of the Act. Section 60 . - da(J lz- District The fer e—a `o.,, �_,ons-Jst of separate zones of benefit esta',-11 2' c'e 2 of this Chapter. The types and I evel s vDY (-,h.a-nges levied wtihin each zone shall 1-Pe, a� Tj c� I r-i 1 , related to the benefits received with -In c:&--h level of assessment or charge shall be unifoa-m -47--h JI'll 2-CTIZ. Section 802 -- Limitations On of Zones Zones of benefit forzie(i 'Llie purposes of this Article shall be established , all-ared or 6is.--ivolved as provided in Article 2 of this Chapter, that no zone established as provided herein shall be altered or dLss-o-1-1--ed so as to impede or hinder the District from fulf-illing its oh)-ligations, or responsibilities leg-4 -- . ag-n; ss/'rgb: ggg 84 12/08/86 DRAFT as a party to any agreement entered into pursuant to Section 500. r legis. agm; ss/rgb:ggg 85 12/08/86 DRAFT I ' � Y KrC.� `% e 2 Zones of Benefit Section 10 Lgtablifihment The District may establish zo :: s of benefit to include any portion of the cerr.itczi c.l tha District. Such zones may be established, p3_c7\,Iie,'i —,jg '_{: .::isc:x :;. ina es the following findings: (a) The land 01- the zone will receive spec i.G 1. benF f �.�'r.: �_'�;.:: c� �� i.ces or programs provided within z; .: :. ra:._ _. ' . 'PLIC�Ial circumstances require the D a ....e. or a higher level of sex ;_� c _ t.r �.::• F Zlone than that which is requ _re.0 C f the Di strict ; or (b) The 1 e :l L-I-e. z_Glie may be subject to ..._,:.:a� .n t_s for the services or pro _arm,. for 5er%/1CeS which are provided at a 'J,i,g ,C I ,_.e_ a;, in other areas of the Di.stric`L. Section 811 Resolution of l.r.te�it4..rsy_ Upon making f*in:d.iA,gs pi:,rsua.;% IL Section 810 of this Chapter, the Di s-ri ct; n s. adops. a <<`:: 1�: _i.on of intention to form a zone and to set a ;late, tiny and place for hearing on said resolution. ?notice of hearing sJhall be provided pursuant to Section 6066 of the Government Code . Section a ` F epor; Z x ram, >o2^_e _ 2or;e Prior to the adoption of a resolution of intention, the District will direct the chief executive office to prepare a legis. agm; ss/rgb:ggg 86 12/08/86 DRAFT report describing the area rG_orar;ended for inclusion in the zone, the programs, improve, -nts or services to be undertaken, and an estimate of the amount of cost thereof. The report shall include an analysis of the method or alternative methods by which funds shall be provided for such programs , improvements or services, and the amount to be :b l:-ne eai:h of the inhabitants and/or landowners within the zone . section 813 CirculatislyL Upon acceptance of the officer's report and adoption of the copies of the report shall be made available to ariv a :i<:Y:- or property owner within the proposed zone and to a.r) o `n,.er :person upon written request. Section 814 -- Hea.rirxi � No sooner than da , _• -1 r than 70 days after the adoption of the rese,a. a:. _: +: .__...1 .:, the District shall hold a hearing and consider ^r t-E2t.s t,.-I, the formation of the zone . Any time prior to tr;e the hearing, any resident Voter or landokme3"s F = 'i :..';= _ 'ic.t may f-i le a written protest or withdraw, a 1 -=r' Y: . i . filed . Section 815 - Protest A protest by a, reside_r;t., shall contain his/her signature and an c.S:.xC2ress v':tFf c ttTtt to enable the place of residence to be asce,-­L- .inaC5 . k p-rotest by a landowner shall contain his/her signat'.zre and a description of the land owned sufficient to identify same. n p:_hlic agency owning land within the zone shall be deemed a andowner for the purpose of making a legis. agm; ss/rgb: ggg 87 12/08/86 DRAFT written protest. Section 016 - Validity -I. Bicna.�:ct.�cys For protests signed by a resident voter, the Secretary of the District shall compare the names of the signers against the list of registered voters i.n the office of the County Registrar of Voters For prctest� - -4ner 1.&7100wners , the Secretary of the District shall cong) _-& i_ii�!. and property descriptions on the protest against t;:�: tJ,. , _,�:.� } .. n ship records of the County Assessor. Section 817�---�rs�TL;:3__rJt.._s;_„ :.. . ; .r_ k:. _:s L:ritory At any tine p : r . _> t_ ,v _._ ._.:+ s.ic>n of the hearing, the District include nore t.c car e u"iE, Ce,7ritory from the proposed zone. In the even l:i .. _ in:_l,,,ded , the District will continue the heir i g::, ; +_ _ t._ :. . _,:z r)f time sufficient for residents or added territory to file protests as pro,.Tide,_3 in ,_.ect _n. P.1-4 ..�f tliis Chapter. Section 6i8 �Majq_ri t''y _�::rroteFt A majority protec, ll. 13 u iae-,d to exist if the District shall find that _F rC Le :."z _ 1 -nt withdrawn prior to the conclusion of the (a) More than 50 percent of the voting power of the resident votc:ti's -esidin -within the proposed zone ; or (b) More than 50 percent. of the assessed value of the land within the pro,.-,oseu zone .. Section 819 - Effect of Majority 'Pz test In the event the District finds a majority protest exists, legis. agn; ss/rgb: ggg 88 12/09/86 DRAFT the proposal to establish a zone shall be abandoned and no new proposal to form a :.one, including substantially the same purposes, shall be considered by the District to a period of two years following the date of the conclusion of the hearing. If a majority protest shall not have been filed, the District, within 35 days of the conclusion of the hearing, shall adopt a resolution approving cr czi establishment of the proposed zone. Section 820 Fagtors to consider _&nd_Abandonment Any proposal to i,Ac"Iude t� r:;.t:.0.r"7 to or exclude territory from a zone. shall be subject �.c) the same provisions and a * •-bw �h proceedings as a propose to rw s U.�..:i :i :..�• a zone, except that (a) In addition and weighing protests from residents o-z proper:.y of the land to be included or excluded, the v,a.sti-ict shall also consider and weight the protests of residents and property owners within the zone to or from which the territory is proposed to be included or excluded; and (b) In the evert the D<<_str_-"'t finds a majority protest exists within either the territory or the affected zone or the territory to be included or excluded, the proposed inclusion or exclusion shall be abandoned. The absence or existen�:e of a majority protest shall be determine as provided in Section 809 of this Chapter. In the event a majority protest does not exist, the District shall adopt a resolution approving or disapproving inclusion or legis. agm; ss/rgb:ggg 89 12/08/86 DRAFT i I I exclusion. Section 821 - Procedt:r:.:- to Dissolve Any proposal to dissolve a zones shall be subject to the same proceedings provided for in this Artile to establish a zone. section 822 - Initiation by- Pa4 tion A proposal to e�.��}::. ish , dissolve , include or exclude territory fron a zone, :.-:gas° A.e irf_ ;_.; u .ed by a petition containing the signatures of no E:. L i han percent of the registered voters or landowners lei3s than 25 percent of the assessed value of tx. : �iou.l.d be affected by the proposal . i Section 823 The in determining the sufficiency of a pe.t ;'._.101: to Section 813 of this Chapter, shall for evaluating protests as provided by this by the Secretary that a petition is S ,f iu i e:;t . t: 1E, District shall undertake proceedings provided for 'Dy this C: a `.e�'. legis. agn; ss/rgb: ggg 90 12/08/86 DRAFT • C%"��T�k $s Irticl.e 3 - Improvement districts B®ction 830 - General Improvements districts may be farmed in the District, as the public interest and convene- ce require in the same manner for any purpose authorized !:,1; thi. s act as improvement districts are formed pursuant to Chap"Ler a , Pala 6 of Division 13 (commencing with Section 36450) , o she. Water Cade , and Chapter 6, Part 6 of Division 13 (commencing with li'ftlaz 1,),-gf the Water Code. Section 831 " Righter F.: r c.rrd � The Board of r;i the district shall have the same rights, powers , duties. and respons.it-iIities with respect to the formation and gcve, districts as the Board of Directors of a c&! . .. . _ Leis-trict has with respect to improvement districts c L 2.fornia Water District. legis. agm; ss/rgb:ggg 91 12/09/86 DRAFT