HomeMy WebLinkAboutAgenda Report - March 21, 2001 H-04AGENDA TITLE: Adopt Resolution Supporting Assembly Bill 93 Which Would Authorize the
North San Joaquin Water Conservation District to Fix and Collect a Per -Acre
Charge for Water Supply Operations.
MEETING DATE: March 21, 2001
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution supporting Assembly Bill 93
which would authorize the North San Joaquin Water Conservation District
to fix and collect a per -acre charge for water supply operations.
BACKGROUND INFORMATION: In each of the past two years, the North San Joaquin Water
Conservation District (NSJWCD) has requested, and has received,
funds from the City of Lodi to support their water supply activities. In
approving these funds, the City Council was clear that the District
should work on a permanent source of funding. The amounts approved were $12,000
(December 15, 1999), and $21,000 (November 15, 2000).
The District has worked with Assemblyman Pescetti on AB93 which would authorize the District to
charge up to $5.00 per acre per year. Since many parcels in the City are in the District and are under
one acre in size, the minimum amount of up to $5.00 would be added to the property tax. A copy of the
bill in it's current form is attached (Exhibit A). Although not explicity stated in the bill, it is staffs
understanding that the District will still need to follow the provisions of Proposition 218 in order to impose
the tax.
The District has sent a letter requesting City support (Exhibit B).
Staff is recommending support, partly in response to past Council direction, but, more importantly, in
order to secure additional water supplies and help perserve our groundwater basin, the District does
need an ongoing source of funding.
FUNDING: None needed by the City. AA,
Richard C. Prima, Jr.
Public Works Director
RCP/pkh
Attachments
cc: Jack Sieglock, San Joaquin County Board of Supervisors
Ed Steffani, North San Joaquin Water Conservation District
Andy Christensen, Woodbridge Irrigation District
Manuel Lopez, San Joaquin County Public Works Director
Fran Forkas, Water/Wastewater Superintendent
APPROVED:
H. Dixon Flynn -- City Manager
AB93 03/13/01
CALIFORNIA LEGISLATURE -2001-02 REGULAR SESSION
ASSEMBLY BILL
No. 93
Introduced by Assembly Member Pescetti
January 11, 2001
An act to add Chapter 6 (commencing with Section 75480) to Part
8 of Division 21 of the Water Code, relating to water,
LEGISLATIVE COUNSEL'S DIGEST
AB 93, as introduced, Pescetti. North San Joaquin Water
Conservation District: charge.
(1) Existing law specifies the powers and purposes of water
conservation districts.
This bill would authorize the North San Joaquin Water Conservation
District, by resolution, to fix and collect a specified per -acre charge, not
to exceed $5 per -acre, on taxable land within the district to pay for the
expenses of the district. The bill would authorize the board of the district
to provide a procedure for the collection of the charges by way of the
county tax bills, thereby imposing a state -mandated local program by
imposing additional duties on the affected county with regard to the
collection of those charges.
(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 that 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 the bill contains costs mandated by the state,
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F
EXHIBIT A
AB 93 —2
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 6 (commencing with Section 75480) is
2 added to Part 8 of Division 21 of the Water Code, to read:
3
4 CHAPTER 6. NORTH SAN JOAQUIN WATER CONSERVATION
5 DISTRICT
6
7 75480. (a) The North San Joaquin Water Conservation
8 District, in addition to its other powers, may fix and collect charges
9 as provided in this chapter.
10 (b) "District," for the purposes of this chapter is the North San
11 Joaquin Water Conservation District.
12 75480.5. (a) On or before the 30th day of June of each year,
13 the district may, by resolution of the board, fix and collect charges
14 sufficient to meet and pay the estimated expenses and obligations,
15 including a reasonable reserve for contingencies, of the district,
16 until the time that money shall be available to the district from
17 charges fixed in the next succeeding year, subject, however, to a
18 maximum limit of five dollars ($5) upon each acre, or portion of
19 an acre, of taxable land within the district.
20 (b) The board, in fixing the charges, may establish the dates of
21 delinquency and may impose penalties for delinquency not
22 exceeding 10 percent of the amount of the charge and may, in
23 addition, collect interest at the rate of 8 percent per annum from
24 the date of delinquency on all delinquent charges. The district may
25 sue for the recovery of unpaid charges.
26 (c) The revenue obtained from the charges may be used for any
27 district purpose and the payment of any district obligation.
28 75481. (a) The district may, by resolution of the board,
29 provide a procedure for and collect the charges by way of the tax
30 bills of the county in which the district is located. The charges shall
31 appear as a separate item on the tax bill, shall be collected at the
32 same time and in the same manner as county ad valorem property
33 taxes are collected, and shall be subject to the same penalties and
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-3— AB 93
I the same procedure and sale in case of delinquency as provided for
2 those taxes.
3 (b) The district shall, on or before August 1 of each year, certify
4 to the county auditor the charges to be collected. The county may
5 deduct from the revenue so collected for the district an appropriate
6 amount for the billing and collection services provided to the
7 district.
8 75481.5. Any charges erroneously made by reason of
9 inadvertence of clerical mistake may be refunded upon order of the
10 board at any time after payment thereof.
11 SEC. 2. Notwithstanding Section 17610 of the Government
12 Code, if the Commission on State Mandates determines that this
13 act contains costs mandated by the state, reimbursement to local
14 agencies and school districts for those costs shall be made pursuant
15 to Part 7 (commencing with Section 17500) of Division 4 of Title
16 2 of the Government Code. If the statewide cost of the claim for
17 reimbursement does not exceed one million dollars ($1,000,000),
18 reimbursement shall be made from the State Mandates Claims
19 Fund.
C
99
DIRCTORS GENE
George A. Gillespie NORTH SAN J OAQ U I N WATER Edward M S effa n MANAGER
Thomas Hoffman
Jerry D. Mettler CONSERVATION DISTRICT LEGAL COUNSEL
Matthys Van Gaalen Stewart C. Adams, Jr.
Fred Weybret 221 W. Pine St., Lodi, CA 95240
March 12, 2001 �(
Mr. Richard Prima
Director of Public Works
City of Lodi
221 W. Pine Street
Lodi, CA 95241-1910
SUBJECT: AB -93
Dear Mr. Prima,
I am writing on behalf of the Board of Directors of North San Joaquin Water Conservation
District to request City of Lodi support of the subject proposed state legislation.
AB -93 would authorize the NSJWCD Board, subject to a Prop 218 election, to impose an
annual acreage charge up to $5.00.
As you well know, the District's current revenue of less than $200,000. per year is
completely inadequate for programs and projects necessary for correction of the
groundwater overdraft.
As you also know, the District has been unable to fully use its wetter year supply of the
20,000 acre feet of Mokelumne River water. Farmers are unwilling to pay $50.00 per acre
per year for a part time supply.
If AB -93 were to be enacted it would be the District's intent to seek voter approval of a $1.00
per acre charge, with the new revenue used to reduce the surface water rate from $50.00 to
$20.00. Discussions with a number of farmers indicate that such reduction would be
sufficient to bring about a greater use of surface water, thus decreasing use of well water.
The $1.00 charge would apply to all land within the District, including urban land. Each
parcel within the City of Lodi generally east of Mills Avenue, would be charged a
minimum of $1.00. Large parcels would be charged at the rate of $1.00 per acre.
It is reasonable to charge the urban area because reductions of groundwater pumping
by farmers will benefit everyone using well water. Another, but, more costly way to use
the 20,000 acre feet of surface water would involve construction of a treatment plant for
urban use. Clearly it would be much better to encourage farmers to use less well water.
AB- allow that to happen.
to contact me.
North San JQacvdin Water Cdtinservation District
AB -93 PRIMA 3-12-01
RESOLUTION NO. 2001-72
A RESOLUTION OF THE LODI CITY COUNCIL
SUPPORTING ASSEMBLY BILL 93 WHICH AUTHORIZES
THE NORTH SAN JOAQUIN WATER CONSERVATION
DISTRICT FOLLOWING AN ELECTION HELD PURSUANT
TO THE PROVISIONS OF PROPOSITION 218 TO FIX
AND COLLECT A PER -ACRE CHARGE FOR
WATER SUPPLY OPERATIONS
WHEREAS, groundwater use in northeastern San Joaquin County exceeds the
amount being replaced by nature; and
WHEREAS, encouraging use of surface water, when available, will help reduce
the demand on groundwater resources; and
WHEREAS, providing funding for projects and programs that will encourage use
of surface water is appropriate and necessary for the benefit of the area.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby
supports approval of Assembly Bill 93 which will authorize the North San Joaquin Water
Conservation District following an election held pursuant to the provisions of Proposition
218 to fix and collect a specified charge, not to exceed $5.00 per acre to pay for
expenses of the District.
Dated: March 21, 2001
I hereby certify that Resolution -No. 2001-72 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 21, 2001, by the following
vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-72
CITY COUNCIL
ALAN S. NAKANISHI, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
SUSAN HITCHCOCK
EMILY HOWARD
KEITH LAND
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:l\www.lodi.gov
March 15, 2001
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: ADOPT RESOLUTION SUPPORTING ASSEMBLY BILL 93 WHICH
WOULD AUTHORIZE THE NORTH SAN JOAQUIN WATER
CONSERVATION DISTRICT TO FIX AND COLLECT A PER -ACRE
CHARGE FOR WATER SUPPLY OPERATIONS.
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, March 21, 2001. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at (209) 333-6702.
If you have a questions about the item itself, please call me at (209) 333-6759.
Richard Prima, Jr.
Public Works Director
RCP/pkh
Enclosure
cc: City Clerk
NCCMTGAB93