Health and SafetyWater
Section § 38730
A city in California can secure resources to supply water to its residents. This can be done through gifts, purchases, or taking property through legal means (condemnation). These resources include water, rights to use water, and necessary infrastructure like reservoirs and pipes or other systems needed to convey water.
Section § 38731
This law allows two or more cities to team up to obtain and develop a water supply source. They can also work together to build the necessary infrastructure for their shared and individual water needs.
Section § 38732
If a city council thinks it might be beneficial to work together with another city to secure and manage a water supply, they need to pass a resolution to investigate it. After that, with the council's approval, the mayor should appoint three commissioners. These commissioners will meet with commissioners from the other city to discuss the possibilities.
Section § 38733
This law section outlines that commissioners from different cities should come together to discuss if it's beneficial to jointly acquire and develop a water supply. They must consider feasible and fair plans and then report these plans to their respective legislative bodies if they agree.
Section § 38734
This section explains that if legislative bodies agree with plans and terms proposed by commissioners, they must formally approve them through a resolution. Then, these plans are submitted to the voters in their cities for a decision, either during the next city election or at a special election organized just for this purpose.
Section § 38735
This law section states that if more than half of the voters agree on a water supply proposition in an election, then the cities involved can start working on getting or developing the water supply according to the agreed plans.
Section § 38736
This law allows a city to join forces with other cities to issue bonds, raising funds needed to jointly secure a water supply. It states that the process for issuing these bonds must follow existing laws related to acquiring water supply bonds.
Section § 38737
This law states that if multiple cities share water sources or infrastructure, they will jointly own and pay for only the parts that all cities use together. However, each city is responsible for owning, building, and running any parts of the infrastructure that are only for its own use.
Section § 38738
This law section explains how the expenses for buying, building, running, and maintaining shared water resources among various cities should be divided. Typically, these costs are split according to how much water each city expects to receive. However, if the cities involved agree on a different way to share the costs, they can choose to do so.
Section § 38739
If a project or service is designed to benefit just one city, that city must pay for all the costs of that project or service by itself.
Section § 38740
This law allows cities to make changes to their water supply agreements if their legislative bodies agree to the modifications.
Section § 38741
This law says that if a city wants to create a rule or agreement about working together with others to get a water supply, the city’s mayor must approve it. If the mayor disapproves, it can still become law if it passes through the city's usual process for overriding a mayoral veto.
Section § 38742
This law lets city governments take important steps to manage and provide water for their residents. They can make contracts to supply water for city needs and build or fix necessary water infrastructure like pumps and reservoirs.
They can also use money from water services or bonds, including those from past acts, to pay off bonds that helped fund water facilities. Additionally, cities can work with and accept help from the federal government for infrastructure related to water systems.
Section § 38743
This law allows California cities to charge an annual fee for water service availability, even if the service isn't used. Cities must follow specific procedures, including a public notice and hearing, to set this fee. They can continue the same fee year after year unless they plan to increase it, which requires new procedures. The fee is based on the area or frontage of the land, or a mix, and can vary based on land usage and water availability. However, the charge can't exceed $10 per acre or $5 for smaller parcels unless certain conditions apply. Cities can bill monthly or on a fiscal basis, including adding it to the county tax bill, ensuring it's listed separately.
Section § 38744
If a water standby charge isn't paid by a certain date, a penalty of 6% is added. The total unpaid charge plus penalty becomes a lien against the property and is collected like unpaid county taxes. This appears separately on your tax bill. If the property has been sold to a new owner before the taxes are due, the lien doesn't apply, and the unpaid charges move to a different list for collection. By August 10, the city council must inform the county supervisors and auditor of all properties with unpaid charges, including details and penalty amounts.
Section § 38745
This law allows a city council to create specific zones where water service charges apply based on the benefits of water availability, regardless of actual water use. The process starts with a resolution that outlines the area, names it, and describes services provided. A public hearing must be scheduled between 30 to 60 days after the resolution is adopted. Notice of the hearing has to be published at least seven days before it takes place.
During the hearing, people can express support or objections to the zone, its size, or services provided. Objections about the process must be written and submitted before the hearing, but minor errors can be corrected. Written protests can also be withdrawn any time before the hearing ends.