[1]
Editor's note: For statutory provisions regarding water and water systems generally, see Health and Safety Code sections 4010 through 4038; for provisions regarding authority of city relative to water and water rights, see Government Code sections 38730 through 38742.
Prior legislation: 1991 code §§ 13-1.5 through 13-1.9.
A. 
The city council finds that:
1. 
The city, on the date of its incorporation, November 14, 1961, included entirely within its boundaries the Diablo Vista County Water District and, as a result of this inclusion, the district merged with the city;
2. 
As a result of the merger of the district with the city, the district no longer had any independent existence on November 14, 1961, and the property of the district vested in the city. The city holds this property subject to the terms and conditions set forth in this chapter.
B. 
The council recognizes that the area comprising the former district which serves only raw water is only a portion of the area within the boundaries of the city and because the interests of each are not entirely common and mutually identical, it is necessary to make special provisions for the administration of the property and affairs of the former district.
C. 
It is the purpose of this chapter to:
1. 
Provide for the orderly transfer of the property and affairs relating to the Diablo Vista water system to the city;
2. 
Fix the terms and conditions of handling the property of the district;
3. 
Provide for the administration of the affairs of the district having at least equivalent standards and level of service; and
4. 
Ensure that the merger does not impose greater benefit or burdens, or both, upon one or the other, than previously would have existed if the two separate entities had not merged.
(1991 code § 13-1.1; Ord. 848 § 2, 2010)
A. 
Property merger. The city council declares that the Diablo Vista County Water District has been merged with the city and that title to all the property of the district is vested in the city, subject to the terms and conditions of a trust relationship set forth in subsection B of this section.
B. 
Property held in trust relationship. The city holds title to the former district property in trust for the benefit of those persons within the area now known as the Diablo Vista water system. The city shall hold and administer the property for the benefit of the people and the area comprising the system, subject to the obligation to: manage the distribution of the available water with which the system is entrusted; and provide water resources and services at established rates for the people within the area comprising the system. It is the city's intention to: exercise responsible financial management; ensure fair rates and charges; provide responsive customer service; promote ethical behavior in the conduct of system business; ensure fair and open processes involving the public; and encourage water conservation.
C. 
Abandonment. If an alternate and more economical water service becomes available and the board recommends that the existing facilities be abandoned, the council may submit to the residents of the district at an election the question of whether or not the existing system should be abandoned.
(1991 code §§ 13-1.2, 13-1.3; Ord. 785 § 1, 2004; Ord. 848 § 2, 2010)
A. 
Governance of the district. The city council retains the ultimate responsibility for oversight of the district.
B. 
Appointments. The City shall:
1. 
Appoint members to the Diablo Vista Advisory Board and establish compensation, under PHMC Chapter 3.40;
2. 
Establish the maximum compensation for the operating personnel, under PHMC § 13.20.040;
3. 
Designate up to two of the board members to serve as staff engineers when the board is unable to hire independent contractors at acceptable rates.
C. 
Financial accounts – Audit. The City shall:
1. 
Receive revenues on behalf of the water system, whether from tax proceeds, usage and capital improvement assessments or any other source;
2. 
Maintain at least two accounts on behalf of the water system, one for operating expenses and one for capital expenses. Monies received from the operation of the system and the proceeds of taxes, assessments and other sums shall be used solely for the purposes of administering and operating the water system;
3. 
Make payments on behalf of the water system, at the direction of the board and consistent with the city's purchasing and contracts requirements, at PHMC Chapter 5.10;
4. 
Conduct an annual audit of the affairs of the water system.
The obligations incurred as a result of the operation and administration of the water system shall be paid solely from the funds received as a result of the operation of the system.
D. 
Establishing fees and charges. The city council shall establish by resolution: (1) the service charge for users; and (2) service charges for connection, reconnection and discontinuance. The city council also has the authority to consider credits or refunds, and to implement a decision under PHMC § 13.20.020.C to abandon the system.
E. 
Policies. The city council shall by resolution adopt policies, rules and regulations for the operation of the water system, which shall be implemented by the water advisory board. These shall include regulations for implementation of the service charge, disconnection charge, reconnection charge and for discontinuance of service.
F. 
Other. The city shall provide water service, except when changes are necessitated by drought, act of God, requirements imposed by other agencies, or lack of funding.
(1991 code § 13-1.4; Ord. 848 § 2, 2010)
A. 
The board shall make recommendations to the director of public works and community development regarding contracts with operating personnel for the jobs set forth in the city council's compensation resolution.
B. 
A board member may not be selected as operating personnel for the system but up to two board members may serve as staff engineers pursuant to PHMC § 3.40.010.C if needed.
C. 
The operating personnel serve under contract, at the pleasure of the director of public works and community development. These jobs shall be maintained until such time as full-time city personnel can perform these functions more economically.
D. 
Maximum compensation for personnel of the Diablo Vista water system is established by city council resolution.
(Formerly 13.20.090; 1991 code § 13-1.10; Ord. 785 § 3, 2004; Ord. 848 § 2, 2010)
A final decision of the board may be appealed to the city council within 10 days of the decision, under procedures set forth in PHMC § 1.10.010.E.
(Ord. 848 § 2, 2010)