BILL NUMBER: AB 948	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Patterson

                        FEBRUARY 26, 2015

   An act to amend Section 61040 of, and to add  Section
  Sections  61040.3 and 61040.4  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  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.   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  a person to serve on the Board
of Directors   the board of directors  of the
Sierra Cedars Community Services District  if he or she holds
title to land within the district.   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   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 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  Section 61040.1,
  Sections 61040.1 and 61040.3,  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)  Except as provided in Section 61040.3, no 
 No  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)  A   Except as provided in
Section 61040.3,  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)  Except as provided in Section 61040.3, no 
 No  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.

  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. 
   SEC. 3.    Section 61040.3 is added to the  
Government Code   , to read:  
   61040.3.  (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. 
   SEC. 4.    Section 61040.4 is added to the  
Government Code   , to read:  
   61040.4.  (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. 
   SEC. 4.   SEC. 5.   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  types of residences within  
composition of   the board of directors of  the Sierra
 Cedars  Community Services District. 
   (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.