CC – Item 1A – Staff Report – Resolution No. 97-22 -i :r.
S E M F
O
t
7
f � 1 staqp0,,......„. „.
rt
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
___ __AK:
DATE: MAY 28, 1997
RE: RESOLUTION NO. 97-22 -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA, NOMINATING
COUNCILMEMBER TO REPRESENT CITIES
WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD
OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
Councilmember Clark has requested that the attached Resolution be placed on this agenda for
your consideration.
RECOMMENDATION:
It is recommended that the Council adopt Resolution No. 97-21.
COUNCIL AGENDA
JUN 0 31997
agitems.wpd:6 ITEM No. 2- .
}
RESOLUTION NO. 97-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA,NOMINATING
COUNCILMEMBER TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL
BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor
Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of
five members with three appointed members from each of the three municipal water districts, one
elected city council person from cities in the San Gabriel Basin with prescriptive water pumping
rights, and one elected city council person from cities in the San Gabriel Basin without
prescriptive water pumping rights; and
WHEREAS, the City of Rosemead is one of the cities in the San Gabriel Basin without
prescriptive water pumping rights; and
WHEREAS, the City of Rosemead may nominate a representative from May 7, 1997
through June 6, 1997.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY ROSEMEAD,
CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Rosemead nominated Councilmember
as the representative for cities in the San Gabriel
Basin without prescriptive water pumping rights.
PASSED,APPROVED AND ADOPTED this 3rd day of June, 1997.
MAYOR
ATTEST:
City Clerk
3. I
•aztjFy
1. ..YI.I
'•
f�/Fj "r San Gabriel Basin Water Quality Authority
._ - • 861 Village Oaks Drive,Suite 105,Covina,California 91724• (818)859-i/'il•Fax(818)859-7788
http://www.wqa.com/sgvw/wqa
April 8, 1997
CITY OF ROSEMEAD
Attn: City Manager
8838 Valley Blvd.
Rosemead, CA 91770
RE: NOMINATIONS TO FILL VACANT WQA AL I LRNATE BOARD MEMBER
POSITION REPRESENTING CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS
Dear City Manager:
The San Gabriel Basin Water Quality Authority (WQA) was established by the State Legislature
(SB 1679) on February 11, 1993 to develop, finance and implement groundwater treatment
programs in the San Gabriel Valley. The WQA is under direction and leadership of a 5-member
board, one member each from an overlying municipal water district, one from a city with
prescriptive water pumping rights and one from a city without prescriptive water pumping rights.
Recently, the alternate board member representing the cities without pumping rights resigned
from the WQA board. As stipulated in our enabling legislation,the term of the alternate board
member representing cities without pumping rights will expire on January 1, 1999. An election
for this vacant seat will take place on Tuesday, August 5, 1997 at 5:00 p.m. at WQA
Headquarters.
A city is not limited to nominating its own council members and may vote in the election whether
or not it nominated a candidate. Listed below are cities from which city council members are
eligible:
CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS
Bradbury Baldwin Park
Duarte La Puente
La Verne Rosemead
San Dimas San Gabriel
San Marino Sierra Madre
South El Monte Temple City
West Covina
LARRY R.GLENN,Chairman•MARGARET CLARK,Vice-Chairwoman•CAROL A.MONTANO,Secretary•KENNETH R.MANNING,Treasurer•BOB G.KUHN,Board Member
Please find enclosed a"Call for Nominations" form, sample resolution, adopted election
procedures, and a copy of SB 1679. Please read through the enclosures and forward copies to
your council members. We will accept nominations made only by resolution from May 7, 1997
through June 6, 1997 at 5:00 p.m. To ensure that we receive your nomination, we recommend
that the resolution be sent by certified mail or hand delivered to our office Monday through
Thursday 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., closed on Fridays. Nominations
arriving before or after the nomination period will not be accepted. After nominations are
collected, a list of candidates will be sent no later than June 21, 1997 to cities eligible to vote.
If we can be of any assistance, please contact our office at the above phone number.
Sincerely,
SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
Toni M. Penn
Administrative Assistant
Enclosures
EXHIBIT"A-T'
CALL FOR NOMINATIONS
FOR
ELECTION OF ALTERNATES FROM
CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY: ROSEMEAD
TO THE CITY COUNCIL:
The ELECTION OF the alternate of the Board of the San Gabriel Basin Water Quality
Authority ("the Authority") from cities without prescriptive water pumping rights will take place
at the regularly scheduled meeting of the Board of the Authority set for August 5, 1997, at 5:00
p.m., at 861 Village Oaks Drive, Suite 105 Covina, California.
Nominations for candidates for a city member elected by cities without prescriptive water
pumping rights may be made by any city without prescriptive water pumping rights. Each city
may nominate only one candidate.
The alternate shall be City Council members or Mayors from cities without prescriptive
water pumping rights. An alternate member acts in the place, and performs all the duties, of the
city member selected by the same cities if that city member is absent from a meeting of the
Authority or has vacated his or her office until the vacancy is filled pursuant to the provisions of
SB 1679.
No person who, directly or indirectly, at the time of election, receives, or during the two-
year period immediately preceding election received, 10 percent or more of his or her income
• from any person or public entity subject to regulation by, or that received grants from or contracts
for work with, the Authority may serve as a member of the Authority.
Your city may nominate one candidate by resolution of the City Council. Your
nomination must be submitted to the Authority at least 60, but not more than 90 days preceding
the meeting at which the election is to be held.
(SAMPLE RESOLUTION)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF , CALIFORNIA
NOMINATING COUNCILMEMBER
TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete
Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of five
members with three appointed members from each of the three municipal water districts, one
elected city council person from cities in the San Gabriel Basin with prescriptive water pumping
rights, and one elected city council person from cities in the San Gabriel Basin without
prescriptive water pumping rights; and
WHEREAS, the City of is one of the cities in the San Gabriel Basin without
prescriptive water pumping rights;
WHEREAS, the City of may nominate a representative by resolution from
May 7, 1997 through June 6, 1997.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of nominates
Councilmember as the representative for
cities in the San Gabriel Basin without prescriptive water pumping rights.
PASSED, APPROVED AND ADOPTED this day of , 199 .
•
PROCEDURES FOR CALLING AND CONDUCTING ELECTIONS
OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITH PUMPING RIGHTS
AND FROM
CITIES WITHOUT PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
1. Definition.
"Authority" means the San Gabriel Basin Water Quality Authority.
"Board" means the San Gabriel Basin Water Quality Authority Board, which is the
governing body of the Authority.
"City" means a city which partially or entirely overlies the Main San Gabriel Basin or a city
which has, or may acquire, the right to pump water from the basin.
"Cities with pumping rights" means cities which have pumping rights in the basin in
accordance with the judgment and includes the Cities of Alhambra, Arcadia, Azusa, Covina, El
Monte, Glendora, Industry, Irwindale, Monrovia, Monterey Park, South Pasadena, and Whittier.
"Cities without pumping rights" means cities which do not have pumping rights in the
basin in accordance with the judgement and includes the Cities of Baldwin Park, Bradbury,
Duarte, La Puente, La Verne, Rosemead, San Dimas, San Gabriel, San Marino, Sierra Madre,
South El Monte, Temple City and West Covina.
"Judgment" means the judgment, as amended or as it may be amended, of the Superior
Court in and for the County of Los Angeles in Upper San Gabriel Valley Municipal Water District
v. City of Alhambra (Case Number 924128).
"Main San Gabriel Basin" or "basin" means the groundwater basin underlying the land
within the boundaries of the Authority.
2. City Members of the Board -Number and Qualifications.
a). There shall be two members, and two alternates, of the Board of the Authority
which are elected by the cities. One member, and one alternate, shall be elected by
the cities with pumping rights. One member, and one alternate, shall be elected by
the cities without pumping rights.
b). An alternate member shall act in the place, and perform all the duties, of the city
member selected by the same cities if that city member is absent from a meeting of
the Authority or has vacated his or her office until the vacancy is filled pursuant to
the provisions of SB 1679 as set forth below.
c). The member and alternate from cities with pumping rights shall be City Council
members or Mayors from cities with pumping rights. The member and alternate
from cities without pumping rights shall be City Council members or Mayors from
cities without pumping rights.
d). No person who, directly or indirectly, at the time of election, receives, or during
the two-year period immediately preceding election received, 10 percent or more
of his or her income from any person or public entity subject to regulation by, or
that receives grants from or contracts for work with, the Authority may serve as a
member of the Authority.
3. City Member of the Board- Term of Office.
The term of the city member shall commence on the first Monday in January and each
member shall hold office for a term of four years and until the successor takes office.
4. Time and Place of Election.
An election of the city member and alternate from the cities with pumping rights and from
the cities without pumping rights shall be conducted at the Board's final regular meeting of the
calendar year preceding the expiration of the term of the office of that city member. The election
held to elect the initial city member and alternate from the cities with pumping rights and from the
cities without pumping rights shall be conducted at a regular meeting of the Board prior to March
1, 1993.
5. Voting Rights of Cities.
a). A City with pumping rights may vote for candidates to be elected to represent
cities with pumping rights. A city with pumping rights may note vote for
candidates to be elected to represent cities without pumping rights. _
b). A City without pumping rights may vote for candidates to be elected to represent
cities without pumping rights. A city without pumping rights may not vote for
candidates to be elected to represent cities with pumping rights.
c). The number of votes which a city may cast is determined by the population of the
city. Each city has one vote for each 10,000 residents or majority fraction thereof,
as determined by the most recent United States decennial census data. The
number of votes to which a city is entitled shall be computed by rounding the
population of the city to the nearest 10,000 and dividing that number by 10,000.
Each city has a minimum of one vote.
6. Nominations.
a). Nominations for candidates for a city member elected by cities with pumping rights
may be made by any city with pumping rights. Each city may nominate only one
candidate.
b). At least 120 day preceding the meeting at which the election is to be held, the
Authority shall send, by certified mail - return receipt requested, a Call for
Nominations to the city council of each city with pumping rights. Such Call for
Nominations shall be prepared in accordance with the sample attached as Exhibit
"A-1".
c). Nominations for candidates for a city member elected by cities without pumping
rights may be made by any city with pumping rights. Each city may nominate only
one candidate.
d). At least 120 day preceding the meeting at which the election is to be held, the
Authority shall send, by certified mail-return receipt requested, a Call for
Nominations to the city council of each city without pumping rights. Such Call for
Nominations shall be prepared in accordance with the sample attached as Exhibit
"A-2".
e). Nominations shall be made by resolution of the city council of the nominating city.
All nominations shall be submitted to the Authority at least 60, but not more than
90 days preceding the meeting at which the election is to be held.
7. Ballots.
a). The Authority shall compile all nominations which were received from the cities
with pumping rights and shall prepare a ballot listing all nominated candidates in
accordance with the sample ballot attached as Exhibit 'B-1".
b).' The Authority shall compile all nominations which were received from the cities
without pumping rights and shall prepare a ballot listing all nominated candidates
in accordance with the sample ballot attached as Exhibit "B-2".
c). Each ballot shall indicate the number of votes which the city is entitled to cast.
d). At least 45 days before the meeting at which the election is to be held, the
Authority shall distribute, by certified mail - return receipt requested, the ballots to
each city eligible to vote in the election.
8. The Election.
a). Each city shall cast all of its votes for one candidate, by resolution of the city
council. The resolution casting the city's votes shall be delivered to the Authority
at least 24 hours before the meeting of the Board at which the election is held.
Any resolution not received by the Authority 24 hours before the election may not
be counted.
b). At the Meeting at which the election is held, the Board of the Authority shall cause
the votes to be counted. The candidate receiving the highest number of votes cast
by cities with pumping rights shall be elected to fill the office representing cities
with pumping rights. The candidate receiving the next highest number of votes
cast by cities with pumping rights, who is not a city council member from the same
city as the candidate receiving the highest number of votes, shall be elected as the
alternate member. The candidate receiving the highest number of votes cast by
cities without pumping rights shall be elected to fill the office representing cities
without pumping rights. The candidate receiving the next highest number of votes
cast by cities without pumping rights, who is not a city council member from the
same city as the candidate receiving the highest number of votes, shall be elected
as the alternate member.
9. Vacancy.
A vacancy in the office of a city member or alternate shall be filled by a special
election called by the Authority. Only those cities which are eligible to vote for the member or
alternate to the office in which the vacancy has occurred (i.e. with pumping rights or without
pumping rights) are eligible to vote in the special election for that office. Nominations and
balloting shall be conducted in the same manner as a regular election, except that the date of the
election and time periods shall be as prescribed by the Authority. The member or alternate elected
to fill a vacancy shall meet the qualifications applicable to the vacant office and shall serve for the
remaining term of the vacant office.
a). In the event the person holding the office of alternate member representing cities
with pumping rights is elected to fill the vacancy for member, then the candidate
receiving the next highest number of votes in the same election shall be elected to
the office of alternate member; and
b). In the event the person holding the office of alternate member representing cities
with pumping rights is not elected to fill the vacancy for member, then he or she
remains the alternate.
c). In the event the person holding the office of alternate member representing cities
without pumping rights is elected to fill the vacancy for member, then the
candidate receiving the next highest number of votes in the same election shall be
elected to the office of alternate member; and
d). In the event the person holding the office of alternate member representing cities
without pumping rights is not elected to fill the vacancy for member, then he or she
remains the alternate.
EXHIBIT"A-1"
CALL FOR NOMINATIONS
FOR
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
Ciiu s WITH PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY:
TO THE CITY COUNCIL:
The ELECTION OF the city member and alternate of the Board of the San Gabriel Basin
Water Quality Authority ("the Authority") from cities with pumping rights will take place at the
regularly scheduled meeting of the Board of the Authority set for
, 199_, at , at , California.
Nominations for candidates for a city member elected by cities with pumping rights may
be made by any city with pumping rights. Each city may nominate only one candidate.
The member and alternate shall be City Council members or Mayors from cities with
pumping rights. An alternate member acts in the place, and performs all the duties, of the city
member selected by the same cities if that city member is absent from a meeting of the Authority
or has vacated his or her office until the vacancy is filled pursuant to the provisions of SB 1679.
No person who, directly or indirectly, at the time of election, receives, or during the two-
year period immediately preceding election received, 10 percent or more of his or her income
from any person or public entity subject to regulation by, or that received grants from or contracts
for work with, the Authority may serve as a member of the Authority.
Your city may nominate one candidate by resolution of the City Council. Your
nomination must be submitted to the Authority at least 60, but not more than 90 days s preceding
the meeting at which the election is to be held.
EXHIBIT"A-T'
CALL FOR NOMINATIONS
FOR
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITHOUT PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY:
TO THE CITY COUNCIL:
The ELECTION OF the city member and alternate of the Board of the San Gabriel Basin
Water Quality Authority ("the Authority") from cities without pumping rights will take place at
the regularly scheduled meeting of the Board of the Authority set for
199 , at , at , California.
Nominations for candidates for a city member elected by cities without pumping rights
may be made by any city without pumping rights. Each city may nominate only one candidate.
The member and alternate shall be City Council members or Mayors from cities without
pumping rights. An alternate member acts in the place, and performs all the duties, of the city
member selected by the same cities if that city member is absent from a meeting of the Authority
or has vacated his or her office until the vacancy is filled pursuant to the provisions of SB 1679.
No person who, directly or indirectly, at the time of election, receives, or during the two-
year period immediately preceding election received, 10 percent or more of his or her income
from any person or public entity subject to regulation by, or that received grants from or contracts
for work with, the Authority may serve as a member of the Authority.
Your city may nominate one candidate by resolution of the City Council. Your
nomination must be submitted to the Authority at least 60. but not more than 90 days preceding
the meeting at which the election is to be held.
EXHIBIT"B-1"
BALLOT
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITH PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY:
NUMBER OF VOTES TO BE CAST:
TO THE CITY COUNCIL:
The following candidates have been duly nominated by qualified cities for the office of
city member and alternate of the Board of the San Gabriel Basin Water Quality Authority ("the
Authority") from cities with pumping rights.
The election of the city member and alternate will take place at the regularly scheduled
meeting of the Board of the Authority set for , at
, at 861 Village Oaks Drive, Suite 105, Covina, California.
Your city may cast its votes for one candidate by resolution of the city council. The
number of votes to which your city is entitled, based upon population, is set forth above. All
your cities' votes must be cast for only one candidate.
The resolution of the city council casting its votes must be delivered to the Authority at
least 24 hours before the meeting. of the Board of the Authority at which the election of the
city member and alternate will take place. or the votes will not be counted.
This Ballot may accompany the resolution of the city council casting its votes for city
member and alternate from cities with pumping rights.
•
EXHIBIT"B-2"
BALLOT
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITHOUT PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY:
NUMBER OF VOTES TO BE CAST:
TO THE CITY COUNCIL:
The following candidates have been duly nominated by qualified cities for the office of
city member and alternate of the Board of the San Gabriel Basin Water Quality Authority ("the
Authority") from cities without pumping rights.
The election of the city member and alternate will take place at the regularly scheduled
meeting of the Board of the Authority set for at
, at 861 Village Oaks Drive, Suite 105, Covina, California.
Your city may cast its votes for one candidate by resolution of the city council. The
number of votes to which your city is entitled, based upon population, is set forth above. All
your cities' votes must be cast for only one candidate.
The resolution of the city council casting its votes must be delivered to the Authority at
least 24 hours before the meeting of the Board of the Authority at which the election of the
city member and alternate will take place. or the votes will not be counted.
This Ballot may accompany the resolution of the city council casting its votes for city
member and alternate from cities without pumping rights.
•
Senate Bill No. 1679
•
CHAPTER 776 .
An act to create, and to repeal the act creating, the San Gabriel
I3asin Water Quality Authority, relating to water.
•
(Approved by Governor September 19, 1992. Filed with
• • Secretary of State September 21, 1992.]
• LEGISLATIVE COUNSEL'S DIGEST
SB 1679, Russell. San Gabriel Basin Water Quality Authority.
(1) Under existing law, various agencies provide for the
management of water in prescribed districts. .
This bill would enact the San Gabriel Basin Water Quality
Authority Act to create the San Gabriel Basin Water Quality
• Authority. •
The bill would prescribe the organization; boundaries,
management,powers,duties,and financing of the authority.The bill
would require the authority to be administered by a 5-member
governing body known as the San Gabriel Basin Water Quality
Authority Board. The bill would require the Los Angeles Regional
• Water Quality. Control Board to report to the Legislature on the
progress of the authority, as prescribed.
• The bill would impose a state-mandated local program by
• imposing various duties on local entities.
The bill would make these provisions, except for the report
requirement, inoperative on the occurrence of 2 prescribed events.
With a certain exception, the bill's provisions would be repealed on
. January 1, 1998, unless a later enacted statute extends or repeals that
date. .
• (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
• reimbursement,.including the creation of a State Mandates Claims
Fund to pay the Costs of mandates which do not exceed $1,000,000 •
statewide and other procedures for claims whose statewide costs
exceed $1,000,000.
This bill would provide that,if the Commission on State Mandates
determines that this bill contains costs mandated by the state,
reimbursement. for those costs shall be made pursuant to those
statutory procedures and, if the statewide cost does not exceed
. $1,000,000, shall be made from the State Mandates Claims Fund.
•
The people of the State of California do enact as follows:
SECTION 1. This act shall be known and may be cited as the San
Gabriel Basin Water Quality Authority Act. -
•
Ch. 776 —2— ' .
—3— Ch. 776
•
.Article 1, General Provisions to clean•up the Main San Gabriel Basin, which include all of the •
•
••
following:
Sec. 101. The Legislature hereby finds and declares all of the '• (1) Characterization of basin contamination.
following: (2) Development and implementation of a comprehensive basin
(a) Groundwater in the San Gabriel Valley in Los Angeles County • cleanup plan. •
•
(3) A plan for financing the design, construction, operation, and
is seriously contaminated with hazardous substances.
(b) The contamination is deep and widespread, with •
maintenance of groundwater cleanup facilities:
approximately 70 out of 275 wells contaminated in excess of (5),CPoordination
forn a with
Information federal, sta , prograni.
contaminant levels or state action levels for various (5) Coordination with state, and local entities. '
volatile organic compounds and nitrates. • . (h) The Legislature intends that the watermaster, the joint
•
(c) The groundwater in the Main San Cabriel Basin is the primary • powers authority, and the San Gabriel Basin Water Quality
source of drinking water for over 1,000,000 residents of the San Authority,nas the successorir to the joint rounds authority,continue to
t
Gabriel Valley. coordinate their respective groundwater rtcanagement
(d) Strong and consistent local management of San Gabriel Valley ' responsibilities and meet periodically to review, evaluate, and •
groundwater cleanup is needed to protect and enhance water modify, as needed, the division of responsibilities for managing
quality, ensure protection of the beneficial uses of the groundwater, groundwater cleanup in the basin.
and promote and foster the cleanup of this valuable resource. - . ,Sec. 102. It is the Intent of the Legislature in enacting liras act:
(e) There is no existing local entity which has all of the necessary • (a) To create the San Gabriel Basin Water Quality Authority to
•
authority y and jurisdiction noexisting
to carry out the has inancial and institutionalneessary protect the public health and safety by planning and financing
arrangements necessary to coordinate an effective cleanup program. :' groundwater extraction and treatment projects to be carried out by
(E) (1) The watermaster for the Main San Gabriel Basin was. the authority in the Main San Gabriel Basin,to provide potable water
appointed by the Superior Court in and for the County of Los for beneficial uses in the basin, and to contribute to the cies. ire
Angeles, pursuant to a Judgment entered upon the stipulation of all remedial objectives established by state and federal agencies.
the parties with waterujudgment
In the Main nhBasin,of o • (b) To encourage the San Gabriel Basin Water Quality Authority
of tp the extractionwith and replenishment activities Gabriel$ i t basin, to cooperate with the State Water Resources Control Board,the Los
Nothing in this act is Intended to expand the authority granted to the • • Angeles Regional Water Quality Control Board, the State
watermaster in the j me neral. . Department of Health Services, the United States Environmental
(2) The watermaster has developed , a program. for the • Protection Agency, the Metropolitan Water District of Southern
management of th waste San Gabriel Basin,! •which aall of the California, the Main San Gabriel Basin Waterrnaster,• and other
following: appropriate agencies,In carrying out the requirements and purposes
(A) Regulation of water rights. of this act.
•
(13) Imposition of an annual safe yield for the basin. (c) That the cleanup of contaminated groundwater authorized by
(C) Development of a plan for the importation of water into the this act be undertaken so as to do both of the following:
• (1) Prevent or minimize, to the extent feasible, the migration of
Main San Gabriel Basin for the purpose of replenishment,including
a plan to accomplish the long-term conjunctive use of the basin's contaminated groundwater from the Main San Gabriel Basin into the
groundwater storage capacity. Central and West Water Basins.
(D) Regulation of groundwater production. -- (2) Use reasonable,technically sound,and cost-effective measures
(E) Implementation o on of procedures foe compliance with water to ensure that groundwater extracted from the Main San Gabriel
supply requirements relating to the lower San Gabriel Basin. .• Basinswillmeet applicable regulatory standards for the beneficial
(F) Regulation of groundwater pumping activities for purposes of uses of the water.
water quality Protection. , (d) That,because of the pervasive nature and multiple sources of
(G) Monitoring , groundwater quality and collection of • contamination in the San Gabriel Valley, appropriate credit should
groundwater quality data. be given for the amount of prior groundwater Investigation and
(II) Preparation of an annual five-year water quality and su 1 remediation expenditures by any responsible party when
plan. 1 p y' determining the amount of costs recoverable from that party.
(I) Coordination of activities with the joint powers authority. (e) '!'list,If the costs of any removal or remedial action project are
increased as a result of conjunctive use,those increased costs shall not
(g) The joint powers authority has developed cleanup programs
be costs recoverable from responsible parties.
•
•
•
0 89 140
Ch. 776 • —4— —5— ' Ch. 776
• Thence south along the west line of Section 8 and continuing south
Article 2. •• Creation and Boundaries along the west line of Section 17 to the southwest corner of Section
• •
17, the corner being also the northwest corner of Section 20;
Sec. 201. The San Gabriel Basin Water.Quality Authority is Thence east along the north line of Sections 20 and 21 to the
hereby created. • northwest corner of Section 22, the corner being also the southwest
Sec. 202. The boundaries of the authority are as follows; corner of Section 15;
Beginning at the southwest corner of Section 19, Township 1,, Theiige north along the west line of Section 15 to the northwest
North, Range 11 West, Sun Bernardino Base and Meridian; • corner of the south half of Section 15;
Thence north along the west line of Section 19 to the northwest • , Thence east along the north line of the south half of Section 15 to
corner of the south half of Section 19; the northeast corner of the south half of Section 15;
Thence east along the north line of the south half of Section 14 to • Thence south along the east line of Section 15 and continuing south
the east line of Section 14; along the east line of Section 22 to the southeast corner of Section 22,
Thence north along the east line of Section 14 and'continuing • the point being also the southwest corner of Section 23;
north along the east line of Section 11 to the northeast corner of• Thence east along the south line of Sections 23 and 24 to the east
Section 11; - line of the west half of Section 24;
'!'hence east along the north line'of Section 12 to the northeast . Thence north along the east line of the west half of Section 24 to
corner of Section 12; the north line of the section; •
Thence south along the east line of Section 12 and continuing southThence east along the north line of Section 29 to the northeast
along the east line of Section 13 to the southeast corner of Section 13, corner of the section, the point also being the northwest corner of
the corner being also the southwest corner of Section 18,Township Section 19, Township 1 North, Range 8 West;
1 North, Range 10 West; • . Thence east along the north line of Sections 19 and 20,Township
Thence east•along the south line of Sections 18, 17, 16, and 15, 1 North, Range 8 West to the northeast corner of Section 20;
Township 1 North,Range 10 West to the southwest corner of Section •. Thence south along the east line of Sections 20, 19, and 32,
19; 'Township 1 North, flange 8 West to the southeast corner of Section
Thence north along the west line of"Section 19 to the northwest 32;
corner of the south half of Section 14; • Thence west along the south line of Section 32 to the northwest
Thence east along the north line of the south half of Section 14 to • corner of the east half of Section 5,Township 1 South,Range 8 West;
the east line of the section; ..i. Thence south along the west line of the east half of Section 5 of the
Thence north along the east line of Section 19, and continuing south line of Section 5;'
north along the west line of Section 12 to the north line of Section Thence west to the east line of the northerly prolongation of Range
12; 9 West;
Thence, east along the north line of Section 12, to the northeast • Thence south 67 degrees 30 minutes west to an intersection with
corner of Section 12, the corner being also the southwest corner of the northerly prolongation of the west line of Section 27,Township
Section 6, Township 1 North, flange 9 West; 1 South, Range 9 West;
Thence north along the west line of Section 6 and continuing north Thence south along the northerly prolongation of the west line of
along the west line of Sections 31 and 30,Township 2 North, Range Section 27 and continuing south along the west line of Section 27 to
9 West to the westerly prolongation of the north line of Section 30; . the southwest corner of Section 27,the point being also the southeast
Thence, east along the westerly prolongation of the north line of corner of Section 28;
Section 30 and continuing.east along the north line of Section 29 to •Thence west along the south line and westerly prolongation of the
•
the northeast corner of Section 29; south line of Section 28 to the ciortherly prolongation of the west line
•
Thence south along the east line of Section 29 and continuing south of flange 9 West; •
along the east line of Section 32, Township 2 North, Range 9 West, • Thence south along the prolongation of the west line of Range 9
and thence continuing south along the east line of Section 5, • • West to the westerly prolongation of the north line of Township 2
Township 1 North, Range 9 West to the southeast corner of Section • South;
5; • Thence west along the westerly prolongation of the north line of
Thence west along the south line of Section 5 to the southwest . • Township 2 South, a distance of 8,500 feet;
corner of Section 5, the point being also the northwest corner of ' Thence south a distance of 9,500 feet;
Section 8; Thence west a distance of 10,700 feet; • •
•
89 170 89 190
•
Ch. 776 —6— --7— Ch. 776
Thence smith 29 degrees west to the intersection with the Thence north 64 degrees 30 minutes east to the intersection with
•northerly prolongation of the west line.of Section 20, Township 2 the west line of Section 23, Township 1 North, Range 11 West;
South, Range 10 West; • Thence north along the west line of Section 23 to the northwest
Thence south along the northerly prolongation of the west line of corner of the section,the point being the southwest corner of Section
•
Section 20 and continuing south along the west line of Section 20 to 14, Township 1 North, Range 11 West and the point being also the
the southwest corner of Section 20; • point of beginning.
•
Thence south a distance of 2,000 feet; •
Thence west a distance of two miles, more or less, to the • . • Article 3. Definitions
intersection with the east line of Section 26,Township 2 South,Range
11 West; ., • Sec.301. Unless the context otherwise requires,the definitions in
Thence north along the east line of Section 26 and continuing . this article govern the•construction of this act.
•
north along the east line of Section 23,Township 2 South, Range 11 Sec.302. "Authority"means the San Gabriel Basin Water Quality
West to the northeast corner of Section 23; Authority.
Thence west along the north line of Section 23 to the northwest Sec. 303. "Board" means the San Gabriel Basin Water Quality
corner of the section, the point being also the southeast corner of Authority Board, which is the governing body of the authority. •
Section 15, Township 2 South, Range 11 West; ` • Sec.304. "Board member"or"member"means a member of the
Thence north and west along the east and north lines,respectively, board.
of Section 15, Township 2 South,'Range 11 West, to the northwest (a) "Alternate member". or "alternate" means the nominee
•
corner of the section; • •
receiving the second highest number of votes in an election of a city
Thence west along the westerly prolongation of the north line of - , member or the person appointed by a water district to act in the
Section 15,Township 2 South,Range 11 West to the Intersection with place of a member if that member is absent or the member has
a line parallel to,and one mile east of,the west line of Range 11 West; • vacated the office.
Thence north along the parallel line to the intersection with the (b) "City member"means a member elected by the cities with
northerly boundary of the City of Pico Rivera as that city existed on , pumping rights or the cities without pumping rights.
July 17, 1970; • (c) "Water district member"means a member appointed by one
Thence west along that city boundary to the intersection with the • ' of the water districts.
east line of Range 12 West; • Sec. 305. "City" means a city which partially or entirely overlies
Thence north along the east line of Range 12 West to the north line • the Main San Cabflel Basin or a city which has, or may acquire, the
of Township 2 South; right to pump water from the basins
•
•
Thence west along the north line of Township 2 South to the (a) "Cities with pumping rights" means cities which have
intersection with the southerly prolongation of the east line of the • pumping rights in the basin in accordance with the judgment and •
includes the Cities of Alhambra, Arcadia, Azusa, Covina, El Monte,
west half of Section 26, Township 1 South, Range 12 West;
• Glendora,Industry,Irwindale,La Verne,Monrovia,Monterey Park,
Thence north along the southerly prolongation of the east line of •
the west half of Section 26 to the southeast corner of the west half; South Pasadena, and Whittier.
Thence westr'along the south line of Sections 26, 27, and 28, (b) "Cities without pumping rights" means cities which do not
Township 1 South,Range 12 West to the southeast corner of Section have pumping rights in the basin in accordance with the judgment
29, 'Township 1 South, Range 12 West; and includes the Cities of Baldwin Park, Bradbury, Duarte, La.
Thence north along the east line of Section 29 to the northeast Puente, Rosemead, San Dimas, San Gabriel, San Marino, Sierra
corner of the south half of Section 29; , .. Madre, South El Monte, Temple City, and West Covina.
Thence west along the north line along the south half of Section Sec.306. "Groundwater"means water beneath the surface of the
29 to the northwest corner of the section; • ground and within the zone of saturation.
Thence north along the west line of Sections 29, 20, 17, and 8, Sec. 307. "Groundwater basin" means an interconnected and
Township 1 South, Range 12 West; ' .• • •• • • permeable geologic formation capable of storing and yielding
'!'hence north along the northerly prolongation of the west lino of substantial groundwater supply.
Section 8,Township 1 South, Range 12 West to the intersection with Sec. 308. "Joint powers authority" means the entity formed
the north line of Township 1 south; •
- pursuant to the"Joint Exercise of Powers Agreement Creating Main
Thence east along the north line of Township 1 south to the- . San Gabriel Basin Water Quality Authority," dated July 27, 1990, by
northeast corner bf Section 3, Township 1 South, Range 12 West; and among the Upper San Gabriel Valley Municipal Water District,
89 220 89 290
Ch. 776 _28= —9— Ch. 776
the San Gabriel Valley Municipal Water District, and the Three . '(b) Make and enter into contracts.
. Valleys Municipal Water District. • • (c) Sue and be sued in its own name and, to the extent authorized
Sec. 309. "Judgment" means the judgment, as amended or as it by Section 907, bring sults to recover, from responsible parties, the •
may be amended,of the Superior Court in and for the County of Los - removal and remedial action costs incurred by the authority.
Angeles in Upper San Gabriel Valley Municipal Water District v. (d) Adopt a seal and alter it at pleasure.
City of Alhambra (Case Number 924128). •• (e) Acquire, construct, manage, maintain, and operate any
Sec. 310. "Main San Gabriel Basin" or "basin" means the buildings, works, or improvements, both inside and outside the
groundwater basin underlying the land within the boundaries of the , boundaries of the authority. -
authority. , (f)' Acquire, own, hold, or dispose of property both inside and
Sec. 311. "Produce" means to pump water from the basin. • outside the boundaries of the authority.
Sec. 312. "Producer" means a person of entity that produces • - • (g) Incur debts, liabilities, and obligations.
water. • • (h) Issue bonds, notes, and warrants and other evidence of
Sec. 313. "Public water system" means any entity that operatesIndebtedness and enter into leases, Installment sales contracts, and
a public water system,as defined in subdivision (f) of Section 9010:1 ' •other agreements to finance costs and expenses incidental to the
of the health and Safety Code. • projects of the authority.
Sec. 319. "Pumping right assessment" means an assessment on • (I) Enter into agreements with the watermaster and other
prescriptive pumping rights levied by the authority upon the holder appropriate entities to do any of the following:
of a prescriptive pumping right,as determined under the judgment. • (1) Store water in the basin.
Sec. 315. "Water district" means the San Gabriel Valley (2) Purchase and import water for the benefit of the authority.
• Municipal Water District, the Upper San Gabriel Valley Municipal . (3) Exchange water.
Water District, or the 'Three Valleys Municipal Water District. . (9) Distribute water to producers in exchange for ceasing or
Sec. 316. "watermaster" means the watermaster appointed to - reducing groundwater extraction.
administer the judgment. •• • • ' (5)• Regulate pumping In accordance with the judgment.
' •• . (j) Own and operate facilities to extract, purify, and treat water
Article 9. Powers and Purposes for the beneficial use of persons or property within the authority.
(k) Acquire,within or outside the authority and within the state,
Sec. 901. The authority may do any of the following: by purchase, condemnation, or other legal means, all property, or
(a) Coordinate groundwater remediation • planning • and . rights in property, that the authority determines to be necessary or
implementation activities among the water districts, the'producers, • • proper for the purposes of the authority, except that the authority
and the authority. 0 shall not exercise the power of eminent domain as to water, water
•(b) Control and remove hazardous substances from the basin. . . rights,reservoirs,pipelines,water distribution systems, waterworks,
•
(c) Construct, operate, and maintain water treatment facilities • or powerplants that are devoted to beneficial or public use. Eminent
which benefit the basin. 0 • domain proceedings may be brought by the authority for these
(d) Receive and expend funds obtained from all of the following • purposes pursuant to Title 7 (commencing with Section 1230.010) of
sources: - 0 . 0 • ' Part 3 of the Code of Civil Procedure.
(1) Federal, state, or local governments. - (1) Act Jointly or cooperate, within or outside the boundaries of
(2) Nongovernmental entities. • . the authority, with the United States, the state, a county, city, or
(3) The proceeds from the issuance of bonds,notes,warrants,and • • district, the watermaster,or any corporation, or person to carry out '
other indebtedness to finance treatment projects which benefit thethis act.
basin. (m) Carry on technical and other investigations of. all kinds
(4) Pumping right assessments. necessary to carry out the purposes of this act.
Sec. 902. The authority may undertake projects which relate to, . (n) Levy pumping right assessments and impose charges for the
but are not limited to,efforts to correct water quality problems due • sale of groundwater extracted and treated by the authority to pay for
to volatile organic compounds, nitrates, and mineral salts. These- the administrative costs of the authority,to pay for the operation and
projects shall be undertaken pursuant to, and shall be consistent maintenance costs of facilities including reasonable reserves for
operation and maintenance costs, to repay warrants, notes, bonds,
with, the basinwide plan adopted under Section 906.
Sec. 403. The authority may do ally of the following: • ' • and other evidence of indebtedness, to make payments pursuant to
(a) Employ agents and employees. . ..• I • • leases or installment sale agreements in connection with certificates
' 89 280 89 290
Ch. 776 —10— —11— Ch. 776
•
• of participation, and to make payments pursuant to' any other• . (b) Persons or entities responsible for the contamination of the
financial obligations. Pumping right assessments may be levied on, •
basin shall cooperate with the. authority in developing and
and are payable by, public agency holders of prescriptive rights • Implementing plans for the cleanup of the contamination.
under the judgment. ;• • (c) To the• extent authorized under Section 107 of the
(o) Issue bonds, notes, warrants, other evidence of indebtedness • Comprehensive. Environmental Response, Compensation, and
or certificates of participation In contracts payable from the levy of Liability Act of 1980, as amended (42 U.S.C. Sec. 9607), or Chapter
pumping right assessments, the imposition of charges for the sale of 6.8 (commencing with Section 25300) of Division 20 of the Health
groundwater extracted and treated by the authority, or with anyand Safety Code, the authority may pursue legal action against
•
other revenues legally available to the authorit persons or entitles that are responsible for the contamination of the
g y y • basin to recover removal or remedial action costs incurred
Sec: 404. No power granted to the authority expands, limits, by the
. authority for the cleanup of the contamination attributable to that
supersedes, or otherwise impairs any authority granted to the
person or entity, including the costs of enforcement and litigation.
waternraster under the judgment, except that any plan adopted by
the authority pursuant to Section 401 or 406 Is, for purposes of the • Article 5. Organization
judgment, a basin cleanup plan adopted by a public governmental • g •
agency with responsibility for groundwater management or cleanup. Sec. 501. The authority shall be governed by the board. The
Any project undertaken by the authority •which Involves the •
pumping of groundwater from the basin Is subject to regulation in ' . powers and duties of the authority shall be exercised by and through
accordance with the Judgment. • . .• .. .0. , ;, . •• the board.
•
•Sec.405. The authority may contract with appropriate entities to Sec. 502. (a) The board shall composed of five members,
carry out the purposes of the act and the rules and regulations • , three of whom are appointed by the water districts and two of whom
•
adopted pursuant to this act, are elected by the cities.
•
Sec. 406. (a) The authority shall develop and adept a basinwide (b) No person who,directly or Indirectly, at the time of election
. remediation plan. The or appointment, receives, or during the two-year period
groundwater quality management and
authority shall cooperate with all appropriate entities for that•
Immediately preceding election or appointment received, 10
purpose. The plan shall include, but not be limited to, all of the percent or more of his or her Income from any person or public
following components:. 0 entity subject to regulation by, or that receives grants from or
(1) Characterization of basin contamination.• contracts for work with, the authority may serve as a member of the
(2) Development and implementation of a comprehensive basin authority,
cleanup plan. • Sec.503. The water district members and their alternates shall be
(3) A plan for financing the design, construction, operation, and appointed as follows:
maintenance of groundwater cleanup facilities.. ' . (a) One member and one alternate shall be appointed by the
(4) Provision for a public information and participation program. •
Board of DIrectors of the Upper San Gabriel Valley Municipal Water
(5) Coordination with federal, stale, and local entities. District. The member and alternate appointed pursuant to this
(b) The basin-wide plan.shall be consistent with the National subdivision shall be elected members of that board and shall be
Contingency Plan and with any applicable records of decision issued - appointed by resolution adopted by a majority of that board.
•• by the United Stales. Environmental Protection Agency, .all ' (b) One member and one alternate shall be appointed by the
requirements of the Los Angeles Regional Water•Quality Control Board of Directors of the San Gabriel Valley Municipal Water
Board, including that board's Basin Plan, and all applicable • . District. The member and alternate appointed pursuant to this
agreements between federal, state, and local agencies engaged in, subdivision shall be elected members of that board and shall be
•cleanup activities.The basinwide plan shall consider the benefits to • appointed by resolution adopted by a majority of that board.
be achieved by the plan or any proposed project in relation to its - (c) One member and one alternate shall be appointed by the
economic impact on persons or entities within the boundaries of the Board of Directors of the Three Valleys Municipal Water District.
authority. • The member and alternate appointed pursuant to this subdivision
shall be elected members of that board and shall be appointed by
Sec.407. (a) The authority may cooperate with the Los Angeles
Regional Water Quality Control Board. and the United States . resolution adopted by a majority of that board.
Environmental Protection Agency in their investigation and . ) Sec.504. The city members and their alternates shall be elected
identification of persons or entities that are responsible for the as follows:
contamination of the basin. • , . (a) One member and one alternate shall be elected by the cities
ao aio 89 330
Ch. 776 —12— , ' -13— Ch. 776
with pumping rights.The member and alternate elected pursuant to . receiving the highest number of voles, is the alternate member. •
• this subdivision shall be city council members from cities.with • (2) The candidate receiving the highest number of votes cast by
pumping rights. . • - cities without pumping rights shall be elected to fill the office
(b) One member and one alternate shall be elected by the cities representing cities without pumping rights.The candidate receiving
without pumping• rights. The member and alternate 'elected • the next highest number of votes cast by cities without pumping
pursuant to this subdivision shall be city council members from cities • rights, who is not a city council member from the same city as the
• without pumping rights. . . • - • . . • candidate receiving the highest number of votes, is the alternate
•
Sec. 505. Each of the members elected by the cities pursuant to member.
Section 504 shall be elected according to the following procedure: . . (g) Not later than March 1, 1993, the joint powers authority shall
(a) A city with pumping rights may vote for candidates to be call and conduct the election to elect the initial city members and
elected to represent cities with pumping rights. A city without alternates. Thereafter, the election of city members shall be called
pumping rights may vote for candidates to be elected to represent - and conducted by the authority.
cities without pumping rights.The number of votes which a city may Sec.506. •An alternate member shall act in the place,and perform
cast is determined by the population of the city. Each city has one • 'all of the duties, of the city member or water district member
vote for each 10,000 residents or majority fraction thereof, as selected by the same cities or water district if that city member or
determined by the most recent United States decennial census data. '. water district member is absent from a meeting of the authority or
The number of votes to which a city is entitled shall be computed by . has val:ated his or her office until the vacancy is filled pursuant to this
rounding the population of the city to the nearest 10,000 and dividing act.
that number by 10,000. Each city has a minimum of one vote. • -Sec.507. (a) Except as provided in subdivision (b), the terms of
• (b) An election for a city member shall be conducted at the • . the members shall continence on the first Monday in January and
board's final regular meeting of the calendar year preceding the•' each member shall hold office for a term of four years and until the
•
expiration of the term of the office of that city member. . • successor takes office.
(c) Nominations for candidates for a city member elected by cities (b) With respect to the initial board members, the terms of the
with pumping rights may be made by any city with pumping rights. member appointed by the Three.Valleys Municipal Water District
Nominations for candidates for a city member elected by cities and the member elected by the cities without pumping rights shall
without pumping rights may be made by any city without pumping expire on January 1, 1995,and the terms of the remaining members
rights. Each city may nominate only one candidate for each office. • shall expire on January 1, 1997.
Nomination shall be made by resolution of the city council of the Sec.508. Any vacancy In the office of a member shall be filled as
' • nominating city.All nominations shall be submitted to the authority . ' follows:
at least 60, but not more than 90, days preceding the meeting at • (a) A vacancy In the office of a member or alternate who was
which the election is to be held. appointed by a water district shall be filled by the appointing water
(d) The authority shall adopt procedures for preparing and district by a resolution adopted by a majority vote of the district
distributing ballots to each city eligible to vote in the election.Ballots , , governing board.The person appointed to fill the vacancy shall meet
shall be distributed to all cities which are eligible to vote'at least 45 the qualifications applicable to the vacant office and shall serve for
clays prior to the meeting at which the election is to be held. Each the remaining term of the vacant office. .
ballot shall indicate the number of votes which the city is entitled to • (b) A vacancy in the office of a member or alternate who was
cast. elected by cities shall be filled by a special election called by the
(e) Each city shall cast all of its votes for one candidate for each . . authority. Only those cities which elected the member or alternate
office, by resolution of the city council. The resolution casting the' • • . to the office in which the vacancy has occurred are eligible to vote.
city's votes shall be delivered to the authority at least 24 hours before ' • Nominations and balloting shall be conducted in the same manner
the meeting at which the election is held. Any resolutions notas a regular election, except that the date of the election and time
received by the authority'24 hours before the election may not be periods shall be as prescribed by the authority. The member or
counted. alternate elected to fill a vacancy shall meet the qualifications
(f) (1) The candidate receiving the highest number of votes cast applicable to the vacant office and shall serve for the remaining term
by cities with pumping rights shall be elected to fill the office • ' • ' • . of the vacant office.
•
representing cities with pumping rights.The candidate receiving the • • Sec. 509. The board shall annually elect from its membership a
next highest number of votes cast by cities with pumping rights,who • • • 'chairperson, vice chairperson, secretary, and treasurer. The board
is not a city council member from the same city as the candidate may appoint additional officers and employ additional employees
89 380 89 380
•
Ch. 776 —14—
• —15— Ch.'776
•
and assistants that may be necessary or appropriate. • of participation, and other evidences of indebtedness issued by the
Sec. 510. A majority of the board constitutes a quorum for authority shall be payable from any revenues or moneys of the
transaction of business of the authority. •
authority available therefore and not otherwise pledged and shall be
Sec. 511. Except as otherwise provided, all actions of the board negotiable even though they•are payable from special funds. The
shall be approved by an affirmative vote of a majority of all of the authority may do any of the following with regard to any notes,
members. • • bonds, certificates, or other evidences of indebtedness:
Sec. 512. Each'member shall receive compensation for each
(1) Sell them at public or private sale for prices, and upon terms
meeting of the board attended, which amount shall be fixed from
time to time by the board, but shall not exceed the amount allowed and Sellltthemons, determinedstermby the authority.
' by law for members of the board of a municipal water district. � (2) them as serial or instru[neuts or both.
Sec.513. All meetings of the board shall be open to the public and (3) Have them bear dates, and mature at times, not to exceed 20
shall be held in accordance with the Ralph M. Brown Act (Chapter aat thrs fromes, their respectivedenomdates, bear interestmat either
couponbe payable
9 (commencing with Section 54950) of Part 1 of Division 2 of Title registered,me , carry in denominations,privileges,be in forms, ed ins r,
5 of.the Government Code). registration be executed the manner,
be payable in lawful money of the United States at places, and be
Sec. 514. The board shall adopt rules and regulations for the subject to terms of redemption as the indenture,trust agreement,or
conduct of its affairs. • resolution relating to those instruments provides.
ec. 515. Each of the officers, employees, and assistants shall • (4) Secure them by a trust agreement or indenture by and
serve at the pleasure of the board and shall perform the duties and . . - • between the authority and a corporate trustee or trustees, which
have the authority as determined by the board. may be any trust company or bank having the powers of a trust
company within or outside the state. The . trust 'agreement,
Article 6. Financial Provisions • . indenture, or the resolution providing for the issuance of the
instruments, may pledge or assign the revenues of the authority
Sec.601. The authority may accept federal,state,and local funds under the provisions of this act.The indenture, trust agreement, or
which are available for purposes of groundwater.cleanup and for • resolution providing for the issuance of the instruments may contain
otherwise implementing this act. The authority may accept grants provisions for protecting and enforcing the rights and remedies of
and donations to carry out the purposes of this act. The limits on ' the holders determined by the authority to be reasonable and proper
bonded indebtedness shall be exclusive of grants and donations• and not in violation of law. Any trust agreement or indenture may
Sec. 602. The authority may impose an annual pumping right • set forth the rights and remedies of the holders and of the trustee or
assessment which may not exceed five dollars ($5) per acre-foot to 'trustees,and may restrict the individual right of action of holders.In
pay for administrative costs.The amount of the assessment shall be addition, the indenture, trust agreement, or resolution may contain
established at an amount equal to the amount needed to pay for other provisions determined by the authority to be reasonable and
administrative costs.The assessment authorized by this section shall - • proper for the security of the holders.
used to replace federal, state, or other money which is
not be to the authority. • (c) Any evidence of indebtedness issued under this
not be actdoes not
constitute a debt of the state or of any political subdivision thereof
Sec. 603. The authority may issue warrants, In an aggregate or a pledge of the faith and credit of the state or of any political
amount not to exceed four hundred thousand dollars ($400,000), to subdivision,other than the authority,but shall be payable solely from
•
pay for the costs of formation of the authority. The warrants may • the funds of the authority specified in this act.All Instruments of debt
bear interest at a rate not exceeding 8 percent per year from the date • shall contain on the face thereof a statement to the effect that neither
of issuance until funds are available to pay the warrants.Warrants for the state nor the authority is required to pay the same,or the interest
the costs of formation shall be repaid by the levy of a pumping right ' . thereon, except from certain revenues of the authority and that
assessment pursuant to Section 602,the imposition of a charge for the neither the faith and credit nor the taxing power of the state or of
•
sale of groundwater'extracted and treated by the authority, or,with • any political subdivision is pledged to the payment of the principal
other available revenue. of,or the interest on,those Instruments.The Issuance of instruments
Sec. 604. (a) The authority may issue negotiable promissory • . of debt under the provisions of this act shall not require the state or
notes and bond anticipation notes to acquire funds for any purposes any political subdivision thereof to levy or to pledge any form of
authorized by this act subject to Sections 71810,71811,71812,71813,
and 71814 of the Water Code. •• taxation or to make any appropriation for their payment.
(b) Promissory notes, bond anticipation notes, bonds,certificates (d) Any holder of instruments of debt issued under this act or any
of the coupons appertaining thereto, and the trustee or trustees
•
•
•
• 89 410 '
•
89 430
-Ch. 776 —16—
—17— Ch. 776
•
under any indenture or trust agreement, except to the extent the act shall be imposed upon the holder of a prescriptive pumping right
• rights granted in this act may be restricted by any resolution at a uniform rate per acre-foot of prescriptive pumping right.
authorizing the Issuance of,or any such indenture or trust agreement •
securing, Sec. 607. The authority may exempt a producer from all or part
the instruments, may, either at law or in equity, by suit, . of the annual pumping right assessment established pursuant to
' action, mandamus, or other proceedings, protect and enforce any • Section 605 for water pumped and treated from a contaminated well
and all rights granted by state law, this act, resolution,indenture,or • if, with the prior approval of the authority for the project, the
trust agreement, and may enforce and compel the performance of producer funds the design and construction of the wellhead •
all duties required by this act or by the resolution,indenture,or trust treatment system for that well,
agreement to be performed by the authority or by any officer, Sec. 608. The authority may annually. adjust the maximum
employee, or agent thereof.• • • assessments authorized pursuant to this act by an amount not to
(e) The authority may provide for the issuance of instruments'of exceed the percentage change in the United States Consumer Price
f nd ing any instruments Index for the Los Angeles/Anaheim/Riverside area between January
debt of the authority for the purpose of re
of debt or any series or issue of instruments of outstanding debt of 1, 1993, and the date of the adjustment.
the authority, including the payment of any redemption premium
Sec. 609. (a) The authority may, by resolution of the board,
thereon and any interest accrued, or to accrue, to the date of impose a pumping right assessment pursuant to Section 605 only in
redemption until the purchase or maturity of instruments of debt. accordance with this section and Sections 610 to 614, inclusive.
(f) Any instruments of debt issued under this act, their transfer, • • (b) Prior to levying a new assessment or approving an increase in
and the income therefrom,are not subject to taxation by the state or an existing assessment, the authority shall hold at least one hearing.
any political subdivision of the state. at which presentations may be made.
(g) The state does pledge to, and agree with, the holders of the (c) (1) •Notice of the time and place of the hearing, including a
instruments of debt Issued pursuant to this act,and with those parties
general explanation of the matter to be considered and a statement
who may enter into contracts with the authority pursuant to the of the amount of the assessment,shall be mailed,at least 90 days prior
provisions of this act,that the state will not limit,alter,or restrict the to the hearing,to each producer,each city,the watermaster,and any
rights vested in the authority to fulfill the terms of any agreements interested party who files a written request with the authority for
made with the holders of instruments of debt authorized by this act, notice of any hearing on a new or increased assessment.
and with the parties who may enter into contracts with the authority - (2) The authority shall also cause notice of the hearing to be
pursuant to the provisions of this act,or in any way impair the rights i . posted at least 45 days prior to the date of the hearing at the entrance
or remedies of the holders of the instruments of debt or the parties to the location where the hearing will be held and to be published,
until the instruments of debt, together with interest thereon, are pursuant to Section 6066 of the Government Code, in a newspaper
fully paid and discharged and the contracts are fully performed on of general circulation printed and published within the boundaries
the part of the authority.The authority as a public body corporate of the authority,if there is one or,if not,in a newspaper printed and
and politic may include the pledge herein made in its debt published in Los Angeles County.
Instruments and contracts. • (d) Each entity that operates a public water system for retail
Sec. 605. The authority may impose an annual pumping right service within the boundaries of the authority shall prepare and
assessment, not to exceed thirty-five dollars ($35) per acre foot to include with its regular bill for charges sent to its customers a notice
construct facilities and acquire property, to retire promissory notes, of the hearing at least 15 days prior to the hearing. The notice shall
• bond anticipation notes, bonds and certificates of participation and read as follows:
other evidences of indebtedness, and to pay for operations and
maintenance of projects constructed by and for the authority. The
•authority shall impose an assessment pursuant to this section for Notice of Public Hearing
operation and,maintenance purposes only if, and to the extent that, On
money for opetution and maintenance purposes is not received from - at ' at
other sources after reasonable efforts have been made to secure that (`tate) (tine)
, the Board of Directors of the
funding. However, no assessment shall be imposed for water
(address) •
extracted pursuant to a conjunctive use storage agreement between San Gabriel Basin Water Quality Authority
the producer and the •wutermaster, which the authority has will hold a protest hearing concerning a proposed
approved. •
pumping right assessment of
Sec. 606. A pumping right assessment Imposed pursuant to this
(amount)
89 46089 480
•
•
Cir. 776 . —18 —19— Ch. 776
•
per acre-foot of groundwater produced. If added to resolution to be published pursuant to paragraph (2) of subdivision
the water bill, the assessment would amount to • (c) of Section 609, and shall consider any and all objections at the'
•
time and place set forth in the notice.
approximately per month for an
•
•
(amount) (d) The board shall,at the time and place set forth in the notice,
average residential customer. Registered voters . conduct the hearing and consider any objections or protests to the
seeking to protest the proposed assessment shall ' ` assessment. The board may overrule any and all objections. The
board may, thereafter, adopt, reduce, or withdraw the assessment..
CIO so in a written communication flied with the
Authority at not' (e),The determination of the board is final.
'
(address) (f) This section applies• to the continuation of a previously
later than the time set for the hearing. Questions• imposed assessment only if the board does not propose to Increase
concerning the assessment or the protest • • the amount of the assessment.
hearing should be directed to the Authority. • ' • • - .
at • . Article 7. Miscellaneous
(telephone) . . •
Sec. 610. At the time and place set forth in the notice, the board Sec. 701. •(a) The joint powers authority is dissolved upon the
initial election of the city members pursuant to Section 505. The
shall conduct the hearing, and shall consider all objections or authority succeeds to all the properties, rights, obligations, and
liabilities of the Joint powers authority on the date of its dissolution.
protests, if any, to the resolution referred to in the notice, and may
continue the hearing from time to time. Upon the conclusion of the • (b) Any and all actions by or against the joint powers authority
pending at the time of its dissolution may be prosecuted to final
Bearing, the board may adopt, revise, reduce, or withdraw the
assessment. ,The board shall make its determination on the Judgment by or against the authority.
assessment described in the resolution, and the determination is (c) After the effective date of the dissolution of the Joint powers
final. • authority,no action may be brought for or against the dissolved joint
Sec. 611. Any registered voter seeking to protest the adoption or • powers authority or its commissioners, officers, or employees, but
increase ohm assessment shall do so in a written communication filed may be prosecuted by or against the authority.
With the authority not later than the time set for the hearing. A • Sec. 702. This act shall be liberally construed to carry out its
protest by a registered voter shall include the name and residence purposes. •
Sec.703. Except for Section 705,this act shall become inoperative
address of the person making the protest and shall be signed and
dated. A protest may be withdrawn at any ,time before the • when both of the following have occurred:
(a) The State Water Resources Control Board, with the
determination on the assessment by the board.
Sec.612. If the board receives protests that are not tvithdrawn at concurrence of the State Department of Health . Services,
the time of determination by the board, which represent 50 percent determines, In writing, that substantially all public water system
of the registered voters within the authority,no further proceedings wells within the basin are pumping water that is not contaminated,
may be conducted to adopt or increase an assessment until one year or not likely to become contaminated, in excess of federal or state
safe drinking water standards. The authority shall pay a fee to the
from the date of the Initiation of the protest procedure.
Sec.613. If the board receives protests that are not withdrawn at •State Water Resources Control Board and to the State Department
the time of determination by the board, which represent at least 15 of Health Services, respectively, equal to the reasonable costs
•
percent,but less than 50 percent,of the registered voters within the Incurred by those agencies pursuant to this subdivision.
authority, the board may adopt, revise, change, or reduce an (b) All contracts, and bonds or other evidences of indebtedness,
assessment,but the adoption or modification of an assessment Is not executed or issued by or on behalf of the authority have been
effective until approved by a majority of the voters in an election satisfied.
held within the authority. •
Sec. 704. (a) The revenues of the authority collected from the
Sec. 614. (a) If the board imposes an assessment pursuant to assessment authorized by Section 605 and used by the authority to
construct,or contribute to the construction of,capital projects for the
Section 605, the board may, by resolution, continue the assessment
in successive years at the same or reduced rate. . . . cleanup of any site that has been listed on the National Priorities List
(b) Prior to continuing the assessment,the authority shall hold at established pursuant to subparagraph (B) of paragraph (8) of
least one hearing at which presentations may be made. Section 105 of the Comprehensive Environmental Response,
(c) The authority shall cause notice of the intent to adopt the Compensation,and Liability Act of 1980,as amended (42 U.S.C.Sec.
a , ..
89 520 •
89 550
Ch. 776 —20— •
—21— CIS. 776
•
9605 (8) (B)) and is located within the Main San Gabriel Basin shall. are paid, as determined by the Treasurer, who shall notify the
be credited to the state's 10-percent cost share obligation for capital • Secretary of State. Upon receipt by the Secretary of State of the
costs under any program undertaken with the 'United States • Treasurer's notice, Article 6 (commencing with Section 601) Is
Environmental Protection Agency to clean up the sites. repealed. The Treasurer's authority to levy and collect assessments
(b) Nothing in this section precludes the authority from receiving under this act is limited according to the provisions of this act and
from state agencies grants or loans for purpose of the cleanup of shall cease when all debts of the authority have been paid.
contaminated groundwater.Any such state grant or loan shall also be SEC. 2. If any provision of this act or the application thereof to
credited to the state's 10-percent cost share obligation. any person or circumstances is held invalid, that invalidity shall not
Sec.705. On or before January 1, 1997, the Los Angeles Regional' • • • • affect other provisions or applications of the act which can be given
Water Quality Control Board shall report to the Legislature on the effect without the invalid provision or application,and to this end the
progress of the authority with regard to actions undertaken pursuant provisions of this act are severable.'
to Article 4 (commencing with Section 401). SEC.3. Notwithstanding Section 17610 of the Government Code,
Sec. 706. (a) Except as provided in this section, this act shall if the Commission on State Mandates determines that this act
remain in effect only until January 1, 1998, and as of that date Is contains costs mandated by the state, rehnbursement to local
repealed, unless a later enacted statute, which is enacted before agencies and school districts for those costs shall be made pursuant
January 1, 1998, deletes or extends that date. ' • to Part 7'(commencing with Section 17500) of Division 4 of Title 2
(b) Upon the repeal of this act, the assets'and debts of the •• of the Government Code. If the statewide cost of the claim for
authority shall be administered as follows: • ., • • • • • • reimbursement does not exceed•one million dollars ($1,000,000),
. (1) The Los Angeles Regional Water Quality Control Board shall • . reimbursement shall be made from the State Mandates Claims Fund.
dispose of the property and assets as appropriate. The Los Angeles Notwithstanding Section 17580 of the Government Code, unless
Regional Water Quality Control Board shall receive reimbursement ' otherwise specified in this act,the provisions of this act shall become
for actual costs incurred related to the disposition of the property and • operative on the same date that the act takes effect pursuant to the
assets.The cost recovery shall be from the proceeds of the disposition • . ' California Constitution.
pursuant to this section.The proceeds,if any,of the disposition shall ,
be transferred to the Treasurer to be applied to pay the debts of the . •
authority and, if any proceeds remain, shall be transferred to the' • •
Treasurer for deposit in the Hazardous Substance Cleanup Fund for •
use in financing groundwater contamination investigation and • •
remediation in the basin.Preference shall be given in the disposition .
of assets of the authority to transfers to producers who may be able
to use the assets for the benefit of water distribution systems and to
provide for continued operation and maintenance of the assets in
order to further the purposes of this act.,• • • ' • .. .
•
(2) The Treasurer shall administer the payment of debts of the • .
•
authority. The 'Treasurer shall apply the proceeds from the •
disposition of assets to the payment of the debts.If debts remain after •
application of the proceeds from disposition of assets, the Treasurer . • O
•
may continue to collect, in lieu of the authority, the pumping right • '
assessments authorized under either (A) Section 602 if the debt . .
relates to administrative costs or (B) Section 605 if the debt is to •
• repay warrants, notes, bonds, and other evidences of indebtedness, •
or both, to make payments pursuant to leases or installment sale • • .
agreements in connection with certificates of participation, to pay • '
for operation and maintenance costs of facilities, and to make •
payments pursuant to any other financial obligations. All provisions • •
set forth In Article 6 (commencing with Section 601) relating to the
levy and collection of the pumping•right assessments are not -
repealed and shall continue in effect until the debts of the authority • •
•
• 89 870 580