Amended in Assembly April 10, 2014

Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2455


Introduced by Assembly Member Williams

February 21, 2014


An act to amend, repeal, and add Section 61040 of, and to add and repeal Section 61040.1 of, the Government Code, relating to community services districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2455, as amended, Williams. The Santa Rita Hills Community Services District.

The Community Services District Law specifies the procedures for district formation, procedures for the selection of district governing board members, the powers and duties of the board, and the procedures for changing those powers and duties. Existing law requires the board of directors of each district to consist of 5 members.

This bill would authorize, until January 1, 2035, the board of directors of the Santa Rita Hills Community Services District to consist of 3 membersbegin insert, as specifiedend insert.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Rita Hills Community Services District.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 61040 of the Government Code is
2amended to read:

3

61040.  

(a) Except as provided in Section 61040.1, a legislative
4body of five members known as the board of directors shall govern
5each district. The board of directors shall establish policies for the
6operation of the district. The board of directors shall provide for
7the implementation of those policies which is the responsibility of
8the district’s general manager.

9(b) No person shall be a candidate for the board of directors
10unless he or she is a voter of the district or the proposed district.
11No person shall be a candidate for the board of directors that is
12elected by divisions or from divisions unless he or she is a voter
13of that division or proposed division.

14(c) All members of the board of directors shall exercise their
15independent judgment on behalf of the interests of the entire
16district, including the residents, property owners, and the public
17as a whole in furthering the purposes and intent of this division.
18Where the members of the board of directors have been elected
19by divisions or from divisions, they shall represent the interests of
20the entire district and not solely the interests of the residents and
21property owners in their divisions.

22(d) Service on a municipal advisory council established pursuant
23to Section 31010 or service on an area planning commission
24established pursuant to Section 65101 shall not be considered an
25incompatible office with service as a member of a board of
26directors.

27(e) A member of the board of directors shall not be the general
28manager, the district treasurer, or any other compensated employee
29of the district, except for volunteer firefighters as provided by
30Section 53227.

31(f) This section shall be repealed on January 1, 2035.

32

SEC. 2.  

Section 61040 is added to the Government Code, to
33read:

34

61040.  

(a) A legislative body of five members known as the
35board of directors shall govern each district. The board of directors
36shall establish policies for the operation of the district. The board
37of directors shall provide for the implementation of those policies
38which is the responsibility of the district’s general manager.

P3    1(b) No person shall be a candidate for the board of directors
2unless he or she is a voter of the district or the proposed district.
3No person shall be a candidate for the board of directors that is
4elected by divisions or from divisions unless he or she is a voter
5of that division or proposed division.

6(c) All members of the board of directors shall exercise their
7 independent judgment on behalf of the interests of the entire
8district, including the residents, property owners, and the public
9as a whole in furthering the purposes and intent of this division.
10Where the members of the board of directors have been elected
11by divisions or from divisions, they shall represent the interests of
12the entire district and not solely the interests of the residents and
13property owners in their divisions.

14(d) Service on a municipal advisory council established pursuant
15to Section 31010 or service on an area planning commission
16established pursuant to Section 65101 shall not be considered an
17incompatible office with service as a member of a board of
18directors.

19(e) A member of the board of directors shall not be the general
20manager, the district treasurer, or any other compensated employee
21of the district, except for volunteer firefighters as provided by
22 Section 53227.

23(f) This section shall become operative on January 1, 2035.

24

SEC. 3.  

Section 61040.1 is added to the Government Code, to
25read:

26

61040.1.  

(a) The board of directors of the Santa Rita Hills
27Community Services District may consist of three members.

begin insert

28(b) (1) Prior to reducing the board of directors to three
29members pursuant to subdivision (a), the board of directors shall
30adopt, by majority vote of the entire board of directors, on the
31record, a resolution proposing to reduce the number of directors
32to three members.

end insert
begin insert

33(2) The district shall hold a public hearing regarding the
34proposal to reduce the number of directors.

end insert
begin insert

35(3) Notice of the public hearing shall be given by placing a
36display advertisement at least one-eighth page in a newspaper of
37general circulation for three weeks, pursuant to Section 6063, and
38by United States first-class mail to each landowner voter in the
39district, postage prepaid, and notice shall be deemed given when
40deposited in the mail. The envelope or cover of the mailing shall
P4    1include the name of the local agency and the return address of the
2sender and the mailed notice shall be in at least 10-point type.

end insert
begin insert

3(4) The public hearing shall be held at least 45 days after
4mailing the notice pursuant to paragraph (3).

end insert
begin insert

5(5) At the hearing the board shall receive and consider any
6written or oral comments regarding the proposed reduction in the
7number of directors. After receiving and considering the comments,
8the board, by a majority vote of the entire board of directors, on
9the record, shall do one of the following:

end insert
begin insert

10(A) Disapprove the proposal.

end insert
begin insert

11(B) Adopt a resolution that orders the reduction in the number
12of members of the board to three members.

end insert
begin insert

13(c) A reduction in the number of directors to this section shall
14not affect the term of office of any director. A director currently
15holding office as of the effective date of the reduction in the number
16of members of the board of directors shall continue to be the
17director until the office becomes vacant by means of term
18expiration or otherwise.

end insert
begin delete

35 19(b)

end delete

20begin insert(d)end insert This section shall be repealed on January 1, 2035.

21

SEC. 4.  

The Legislature finds and declares that a special law
22is necessary and that a general law cannot be made applicable
23within the meaning of Section 16 of Article IV of the California
24Constitution because of the unique circumstances that exist with
25respect to the composition of the board of directors of the Santa
26Rita Hills Community Services District.



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