Chapter 1 — ESTABLISHMENT AND DUTIES

Sections:

F-1000 - CREATION.

Pursuant to Section 7 of the San Joaquin County Flood Control and Water Conservation District Act (Chap. 46, Stats. 1956, First Extra-Session), an Advisory Water Commission is hereby created.

(Res. R-86-438)

F-1001 - MEMBERSHIP.

The members of the Commission shall be appointed by the Board of Supervisors and it shall consist of not more than twenty-six (26) members, including twenty-three (23) regular members and three (3) ex officio member. The regular members of the Commission shall serve for a term of four (4) years, or until the entity which the member represents revokes its recommendation of appointment of the member, whichever occurs first. All appointments shall also be at the pleasure of the Board of Supervisors, which may remove a member prior to the end of the member's term. In the event of a vacancy in office, a Commissioner appointed to fill that vacancy shall serve for the unexpired term of that vacancy, subject to the term restrictions as set out in this paragraph.

The Board of Supervisors shall appoint as regular members to the Commission, one (1) representative and one (1) alternate representative from two (2) or more nominees submitted by the districts, cities and agencies listed in this section. The names submitted to the Board shall clearly indicate which of the recommended appointments is to be the regular member and which is to be the alternate member.

(a)

North San Joaquin Water Conservation District;

(b)

Stockton East Water District;

(c)

Central San Joaquin Water Conservation District;

(d)

South Delta Water Agency;

(e)

Central Delta Water Agency;

(f)

Woodbridge Irrigation District;

(g)

The City of Stockton;

(h)

The City of Lodi;

(i)

The City of Manteca;

(j)

The City of Ripon;

(k)

The City of Escalon;

(1)

The City of Tracy;

(m)

The City of Lathrop;

(n)

South San Joaquin Irrigation District;

(o)

Oakdale Irrigation District;

(p)

The irrigation and water districts of southwestern San Joaquin County which are not specifically listed above in this section;

(q)

The San Joaquin County Board of Supervisors;

(r)

An at-large representative who shall be a consumer of water;

(s)

A representative of an environmental or fish and wildlife organization;

(t)

Urban flood control reclamation district;

(u)

Urban flood control reclamation district;

(v)

Building and construction industry;

(w)

General business community.

In the event that the regular member cannot attend a meeting of the Commission, the alternate member may attend and serve as a full regular member during such absence. The absence for which the alternate member serves shall not constitute an absence for the purpose of determining whether there is a vacancy in office.

(Res. R-86-438: Ord. 3457; Ord. 3920 § 1, 1997)

(Ord. No. 4408, §§ 1, 2, 6-14-2011)

F-1002 - EX OFFICIO MEMBERS.

The Director of the San Joaquin County Department of Public Works or his designate, the County Counsel or his designate, and one (1) representative of the California Water Service Company, shall serve as ex officio members of the Commission. The ex officio members of the Commission shall not make motions or offer resolutions, or vote as members of the Commission, but may participate in Commission discussion. The ex officio members of the Commission shall not receive compensation for their services with the Commission other than the compensation to which they are otherwise enTitled as County or District officers or employees.

(Res. R-86-438)

F-1003 - POWERS.

The Commission shall have advisory powers only and all action of the Commission, other than matters relative to the internal operation of the Commission, shall be subject to final approval by the Board. For the purpose of transacting business, five (5) regular members of the Advisory Water Commission shall constitute a quorum.

(Res. R-86-438: Ord. 3457)

F-1004 - RECOMMENDATIONS.

The Commission shall, either at the request of the Board or upon its own initiative, study and investigate matters of concern to the district and make recommendations thereon to the Board. Such matters shall include, but are not limited to, the following:

(a)

Flood control;

(b)

Drainage;

(c)

Water conservation;

(d)

Water distribution;

(e)

Underground water conditions;

(f)

Water pollution;

(g)

District water needs;

(h)

The exportation of water from the District area;

(i)

Supplemental water supplies for the District area;

(j)

State and federal water projects of benefit to the District;

(k)

Salinity control;

(l)

Water quality;

(m)

The protection of water rights of landowners within the District; and

(n)

Recreation activities and development in connection with water conservation and flood control activities.

(Res. R-86-438)

F-1005 - PLAN.

The Commission shall adopt a long range plan, which plan shall effectuate the intent and purposes of the San Joaquin County Flood Control and Water Conservation District Act, and shall further adopt policies to effectuate said long range plan.

(Res. R-86-438)

F-1006 - BUDGET.

The Commission shall have no responsibility or authority regarding an annual budget for the District, except as directed by the Board of Supervisors.

(Res. R-86-438)

F-1007 - SUBDIVISION MAPS.

The Commission shall perform such functions in connection with Subdivision Maps as may be assigned to the Commission by the San Joaquin County Subdivision Ordinance.

(Res. R-86-438)

F-1008 - GENERAL PLAN.

The Commission shall cooperate with the Planning Commission of the County of San Joaquin, with particular reference to the ultimate preparation of a conservation element of the general plan of San Joaquin County, and shall further cooperate with and advise the Planning Commission in connection with the timely review and revision of said conservation element.

(Res. R-86-438)

F-1009 - COORDINATING AGENCY.

It is recognized by this Board that there are numerous districts, municipalities, and private agencies within the District engaged in various activities relating to water. It is intended by this Board that the Commission shall serve as a coordinating agency with reference to activities concerning water matters as set out in Section F-1004.

(Res. R-86-438: Ord. 3457)

F-1010 - PROJECTS, ZONES, TAX RATE.

Prior to the undertaking of any project by the District, the creation of any zone by the District, or the establishment of any tax rate for any zone by the District, the matter shall be considered by the Commission and the Commission shall hold a public hearing thereon and make a recommendation to the Board. Prior to the holding of such hearing, notice shall be published once at least ten (10) days prior to the public hearing in a newspaper of general circulation published in the affected zone, or if none is published in the affected zone, then in a newspaper of general circulation published in the District. No hearing held by the Commission pursuant to this Section shall constitute a substitute for any hearing required to be held by the Board pursuant to the San Joaquin County Flood Control and Water Conservation District Act, and this Section shall not constitute a delegation of the duty of the Board to hold any hearing. This section shall not be construed to require the annual budget or assessment report of any zone to be submitted to the Commission for a hearing under this section.

(Res. R-86-438: Ord. 3552)

F-1011 - OFFICERS.

The members of the Commission shall, at the time of their initial appointment, and annually thereafter during the month of January, select from among their members a chairman and vice- chairman. At the time of selecting the chairman and vice-chairman the Commission shall also select a secretary who need not be a member of the Commission.

(Res. R-86-438)

F-1012 - RULES.

The Commission shall adopt rules for the conduct of its meetings.

(Res. R-86-438)

F-1013 - MEETINGS—OFFICER VACANCY.

The Commission shall establish regular meeting dates and may, from time to time, call special meetings. The Commission shall meet at least once each calendar month. The Office of any Commissioner may be declared vacant in the event a Commissioner is absent from three consecutive regularly scheduled meetings, unless said absences are excused by the Chairman of the Commission. Any declaration of vacancy by the Commission shall be referred to the Board of Supervisors with a recommendation that the Board make an appointment to fill that vacancy. Attendance and vacancy requirements shall not apply to the Board of Supervisors' representative and/or alternate.

(Res. R-86-438; Ord. 3920 § 2, 1997)

F-1014 - COMPENSATION.

The members of the Commission, other than the advisory ex officio members, shall receive such compensation for their services as is established by resolution of the Board, and shall in addition thereto receive their actual and necessary expenses incurred in the performance of their duties including, but not limited to, mileage to and from the meetings of the Commission.

(Res. R-86-438)

F-1015 - REPORT TO BOARD OF SUPERVISORS.

Once in each three (3) month period either the Chairman or the secretary of the Commission shall appear before the Board and report on the activities of the Commission during the preceding three (3) month period.

(Res. R-86-438)