AB 948, as amended, Patterson. Local government: community service districts.
The Community Services District Law authorizes the establishment of community services districts to provide various services to the geographic area within each district, and further authorizes specified community services districts to enforce covenants, conditions, and restrictions within that district, as provided. Existing law requires the board of directors of the district to consist of 5 people, and requires, among other things, that each member of the board of directors be a voter of the district, as specified.
This bill would authorize a person to serve on the Board of Directors of the Sierra Cedars Community Services District if he or she holds title to land within the district.
This bill would make legislative findings and declarations as to the necessity of a special statute for Sierra Cedars 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, as
2amended by Section 1 of Chapter 505 of the Statutes of 2014, is
3
amended to read:
(a) Except as provided in Section 61040.1, a legislative
5body of five members known as the board of directors shall govern
6each district. The board of directors shall establish policies for the
7operation of the district. The board of directors shall provide for
8the implementation of those policies which is the responsibility of
9the district’s general manager.
10(b) Except as provided in Section 61040.3, no person shall be
11a candidate for the board of directors unless he or she is a voter of
12the district or the proposed district. No person shall be a candidate
13for the board of directors that is elected by divisions or from
14divisions unless he or she is a voter of that division or proposed
15
division.
16(c) All members of the board of directors shall exercise their
17independent judgment on behalf of the interests of the entire
18district, including the residents, property owners, and the public
19as a whole in furthering the purposes and intent of this division.
20Where the members of the board of directors have been elected
21by divisions or from divisions, they shall represent the interests of
22the entire district and not solely the interests of the residents and
23property owners in their divisions.
24(d) Service on a municipal advisory council established pursuant
25to Section 31010 or service on an area planning commission
26established pursuant to Section 65101 shall not be considered an
27incompatible office with service as a member of a board of
28directors.
29(e) A member of the board of directors shall not be the general
30manager, the district treasurer, or any other compensated employee
31of the district, except for volunteer firefighters as provided by
32Section 53227.
33(f) This section shall be repealed on January 1, 2035.
Section 61040 of the Government Code, as added by
35Section 2 of Chapter 505 of the Statutes of 2014, is amended to
36read:
(a) A legislative body of five members known as the
38board of directors shall govern each district. The board of directors
P3 1shall establish policies for the operation of the district. The board
2of directors shall provide for the implementation of those policies
3which is the responsibility of the district’s general manager.
4(b) Except as provided in Section 61040.3, no person shall be
5a candidate for the board of directors unless he or she is a voter of
6the district or the proposed district. No person shall be a candidate
7for the board of directors that is elected by divisions or from
8divisions unless he or she is a voter of that division or proposed
9division.
10(c) All members of the board of directors shall exercise their
11independent judgment on behalf of the interests of the entire
12district, including the residents, property owners, and the public
13as a whole in furthering the purposes and intent of this division.
14Where the members of the board of directors have been elected
15by divisions or from divisions, they shall represent the interests of
16the entire district and not solely the interests of the residents and
17property owners in their divisions.
18(d) Service on a municipal advisory council established pursuant
19to Section 31010 or service on an area planning commission
20established pursuant to Section 65101 shall not be considered an
21incompatible office with service as a member of a board of
22directors.
23(e) A member of the board of directors shall not be the general
24manager, the district treasurer, or any other compensated employee
25of the district, except for volunteer firefighters as provided by
26Section 53227.
27(f) This section shall become operative on January 1, 2035.
Section 61040.3 is added to the Government Code, to
29read:
Notwithstanding subdivision (b) of Section 61040, a
31person may be a candidate for the board of directors of the Sierra
32Cedars Community Services District if he or she holds title to land
33within the district.
The Legislature finds and declaresbegin delete thatend deletebegin insert both of the
35following:end insert
begin insert end insert
36begin insert(a)end insertbegin insert end insertbegin insertThatend insert a special law is necessary and that a general law cannot
37be made applicable within the meaning of Section 16 of Article
38IV of the California Constitution
because of the unique
39circumstances relating to the types of residences within the Sierra
40Community Services District.
P4 1(b) That this act does not prohibit a registered voter within the
2Sierra Cedars Community Services District from being a qualified
3candidate for the board of that district, regardless of whether he
4or she owns property within the district.
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