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 members,begin insert if the board of directors receives a petition signed by a majority of voters requesting a reduction in the number of board members and thereafter adopts a resolution that orders the reduction,end insert as specified. The bill wouldbegin delete alsoend deletebegin insert
also, until January 1, 2025,end insert authorize the board, if the number of members is reduced to 3, to adopt a resolution to increase the number of members from 3 to 5, as specified.
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:
Section 61040 of the Government Code is
2amended to read:
(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.
P3 1(f) This section shall be repealed on January 1, 2035.
Section 61040 is added to the Government Code, to
3read:
(a) A legislative body of five members known as the
5board of directors shall govern each district. The board of directors
6shall establish policies for the operation of the district. The board
7of directors shall provide for the implementation of those policies
8which is the responsibility of the 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
15
independent 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
30
Section 53227.
31(f) This section shall become operative on January 1, 2035.
Section 61040.1 is added to the Government Code, to
33read:
(a) The board of directors of the Santa Rita Hills
35Community Services District may consist of three members.
36(b) (1) Prior to reducing the board of directors to three members
37pursuant to subdivision (a), the board ofbegin delete directorsend deletebegin insert directors, after
38receiving a petition signed by a majority of voters requesting a
39reduction in the number of board members,end insert shall adopt, by a
P4 1recorded majority vote of the entire board of directors, a resolution
2proposing to reduce the number of directors to three
members.
3(2) The district shall hold a public hearing regarding the proposal
4to reduce the number of directors.
5(3) Notice of the public hearing shall be given by placing a
6display advertisement of at least one-eighth page in a newspaper
7of general circulation for three weeks, pursuant to Section 6063,
8and by United States first-class mail to each landowner voter in
9the district, postage prepaid, and notice shall be deemed given
10when deposited in the mail. The envelope or cover of the mailing
11shall include the name of the local agency and the return address
12of the sender and the mailed notice shall be in at least 10-point
13type.
14(4) The public hearing shall be held at least 45 days after mailing
15the notice pursuant
to paragraph (3).
16(5) At the hearing the board shall receive and consider any
17written or oral comments regarding the proposed reduction in the
18number of directors. After receiving and considering the comments,
19the board, by a recorded majority vote of the entire board of
20directors shall do one of the following:
21(A) Disapprove the proposal.
22(B) Adopt a resolution that orders the reduction in the number
23of members of the board to three members.
24(c) A reduction in the number of directors pursuant to this
25section shall not affect the term of office of any director. A director
26currently holding office as of the effective date of the reduction
27in the number of
members of the board of directors shall continue
28to be the director until the office becomes vacant by means of term
29expiration or otherwise.
30(d) This section shall be repealed on January 1, 2035.
Section 61040.2 is added to the Government Code, to
32read:
(a) If the number of members of the board of directors
34of the Santa Rita Hills Community Services district is reduced
35pursuant to Section 61040.1, the board may increase the board to
36five members.
37(b) (1) Prior to increasing the board of directors to five members
38pursuant to Section 61040.1, the board of directors shall adopt, by
39a recorded majority vote of the entire board of directors, a
P5 1resolution proposing to increase the number of directors to five
2members.
3(2) The district shall hold a public hearing regarding the proposal
4to increase the number of directors.
5(3) Notice of the public hearing shall be given by placing a
6display advertisement of at least one-eighth page in a newspaper
7of general circulation for three weeks, pursuant to Section 6063,
8and by United States first-class mail to each landowner voter in
9the district, postage prepaid, and notice shall be deemed given
10when deposited in the mail. The envelope or cover of the mailing
11shall include the name of the local agency and the return address
12of the sender and the mailed notice shall be in at least 10-point
13type.
14(4) The public hearing shall be held at least 45 days after mailing
15the notice pursuant to paragraph (3).
16(5) At the hearing the board shall receive and consider any
17written or oral comments regarding the
proposed increase in the
18number of directors. After receiving and considering the comments,
19the board, by a recorded majority vote of the entire board of
20directors shall do one of the following:
21(A) Disapprove the proposal.
22(B) Adopt a resolution that orders the increase in the number
23of members of the board to five members.
24(c) If the board adopts a resolution to increase the number of
25directors pursuant to this section, it shall not subsequently reduce
26the number of directors pursuant to Section 61040.1.
27(d) This section shall be repealed on January 1,begin delete 2035.end deletebegin insert
2025.end insert
The Legislature finds and declares that a special law
29is necessary and that a general law cannot be made applicable
30within the meaning of Section 16 of Article IV of the California
31Constitution because of the unique circumstances that exist with
32respect to the composition of the board of directors of the Santa
33Rita Hills Community Services District.
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