Amended in Assembly January 4, 2016

Amended in Assembly May 5, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 948

Introduced by Assembly Member Patterson

February 26, 2015

An act to amend Section 61040 of, and to add begin delete Section end delete begin insert Sections end insert 61040.3 begin insert and 61040.4 end insert to, the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 948, as amended, Patterson. Local government: community service districts.

The Community Services District Law begin delete 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. end delete begin insert 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. end insert

This bill would authorize begin delete a person to serve on the Board of Directors end delete begin insert the board of directors end insert of the Sierra Cedars Community Services District begin delete if he or she holds title to land within the district. end delete begin insert to consist of 3 members, 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, as specified. The bill would also end insert begin 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. end insert

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 1.  

Section 61040 of the Government Code, as
amended by Section 1 of Chapter 505 of the Statutes of 2014, is
amended to read:

61040.  

(a) Except as provided in begin delete Section 61040.1, end delete begin insert Sections
61040.1 and 61040.3, end insert a legislative body of five members known
as the board of directors shall govern each district. The board of
directors shall establish policies for the operation of the district.
The board of directors shall provide for the implementation of
those policies which is the responsibility of the district’s general
manager.

(b)  begin delete Except as provided in Section 61040.3, no end delete begin insert No end insert person shall
be a candidate for the board of directors unless he or she is a voter
of the district or the proposed district. No person shall be a
candidate for the board of directors that is elected by divisions or
from divisions unless he or she is a voter of that division or
proposed division.

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

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

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

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

SEC. 2.  

Section 61040 of the Government Code, as added by
Section 2 of Chapter 505 of the Statutes of 2014, is amended to
read:

61040.  

(a)  begin delete A end delete begin insert Except as provided in Section 61040.3, end insert legislative
body of five members known as the board of directors shall govern
each district. The board of directors shall establish policies for the
operation of the district. The board of directors shall provide for
the implementation of those policies which is the responsibility of
the district’s general manager.

(b)  begin delete Except as provided in Section 61040.3, no end delete begin insert No end insert person shall
be a candidate for the board of directors unless he or she is a voter
of the district or the proposed district. No person shall be a
candidate for the board of directors that is elected by divisions or
from divisions unless he or she is a voter of that division or
proposed division.

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

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

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

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

begin delete

SEC. 3.  

Section 61040.3 is added to the Government Code, to
read:

61040.3.  

Notwithstanding subdivision (b) of Section 61040, a
person may be a candidate for the board of directors of the Sierra
Cedars Community Services District if he or she holds title to land
within the district.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 61040.3 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 61040.3. end insert   

(a) The board of directors of the Sierra Cedars
Community Services District may consist of three members.

(b) (1) Prior to reducing the board of directors to three
members pursuant to subdivision (a), the board of directors, after
receiving a petition signed by a majority of voters requesting a
reduction in the number of board members, shall adopt, by a
recorded majority vote of the entire board of directors, a resolution
proposing to reduce the number of directors to three members.

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

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

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

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

(A) Disapprove the proposal.

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

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

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 61040.4 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 61040.4. end insert   

(a) If the number of members of the board of directors
of the Sierra Cedars Community Services District is reduced
pursuant to Section 61040.3, the board may increase the board to
five members.

(b) (1) Prior to increasing the board of directors to five
members pursuant to Section 61040.3, the board of directors shall
adopt, by a recorded majority vote of the entire board of directors,
a resolution proposing to increase the number of directors to five
members.

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

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

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

(5) At the hearing the board shall receive and consider any
written or oral comments regarding the proposed increase in the
number of directors. After receiving and considering the comments,
the board, by a recorded majority vote of the entire board of
directors shall do either of the following:

(A) Disapprove the proposal.

(B) Adopt a resolution that orders the increase in the number
of members of the board to five members.

(c) If the board adopts a resolution to increase the number of
directors pursuant to this section, it shall not subsequently reduce
the number of directors pursuant to Section 61040.3.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

The Legislature finds and declares both of the
following:

(a) That a special law is necessary and that a general law cannot
be made applicable within the meaning of Section 16 of Article
IV of the California Constitution because of the unique
circumstances relating to the begin delete types of residences within end delete begin insert composition
of the board of directors of end insert the Sierra begin insert Cedars end insert Community Services
District.

begin delete

(b) That this act does not prohibit a registered voter within the
Sierra Cedars Community Services District from being a qualified
candidate for the board of that district, regardless of whether he
or she owns property within the district.

end delete