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 lawbegin delete prohibits a person who is not a voter of the district or the proposed district from being a candidate for the board of directorsend deletebegin insert requires the board of directors of each district to consist of 5 membersend insert.
This bill wouldbegin delete provide that,end deletebegin insert
authorize,end insert until January 1, 2035,begin delete in addition to persons who are voters in the district, a person who is otherwise qualified to vote and who also owns property in the district may be a candidate forend delete the board of directors of the Santa Rita Hills Community Services Districtbegin insert to consist of 3 membersend 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:
Section 61040 of the Government Code is
2amended to read:
(a) begin deleteA end deletebegin insertExcept as provided in Section 61040.1, a end insert
4legislative body of five members known as the board of directors
5shall govern each district. The board of directors shall establish
6policies for the operation of the district. The board of directors
7shall provide for the implementation of those policies which is the
8responsibility of the district’s general manager.
9(b) begin deleteExcept as provided in Section 61040.1, no end deletebegin insertNo
end insertperson shall
10be a candidate for the board of directors unless he or she is a voter
11of the district or the proposed district. No person shall be a
12candidate for the board of directors that is elected by divisions or
13from divisions unless he or she is a voter of that division or
14proposed division.
15(c) All members of the board of directors shall exercise their
16independent judgment on behalf of the interests of the entire
17district, including the residents, property owners, and the public
18as a whole in furthering the purposes and intent of this division.
19Where the members of the board of directors have been elected
20by divisions or from divisions, they shall represent the interests of
21the entire district and not solely the interests of the residents and
22property owners in their divisions.
23(d) Service on a municipal advisory council established pursuant
24to Section 31010 or service on an area planning commission
25established pursuant to Section 65101 shall not be considered an
26incompatible office with service as a member of a board of
27directors.
28(e) A member of the board of directors shall not be the general
29manager, the district treasurer, or any other compensated employee
30of the district, except for volunteer firefighters as provided by
31Section 53227.
32(f) This section shall be repealed on January 1, 2035.
Section 61040 is added to the Government Code, to
34read:
(a) A legislative body of five members known as the
36board of directors shall govern each district. The board of directors
37shall establish policies for the operation of the district. The board
P3 1of directors shall provide for the implementation of those policies
2which is the responsibility of the district’s general manager.
3(b) No person shall be a candidate for the board of directors
4unless he or she is a voter of the district or the proposed district.
5No person shall be a candidate for the board of directors that is
6elected by divisions or from divisions unless he or she is a voter
7of that division or proposed division.
8(c) All members of the board of directors shall exercise their
9
independent judgment on behalf of the interests of the entire
10district, including the residents, property owners, and the public
11as a whole in furthering the purposes and intent of this division.
12Where the members of the board of directors have been elected
13by divisions or from divisions, they shall represent the interests of
14the entire district and not solely the interests of the residents and
15property owners in their divisions.
16(d) Service on a municipal advisory council established pursuant
17to Section 31010 or service on an area planning commission
18established pursuant to Section 65101 shall not be considered an
19incompatible office with service as a member of a board of
20directors.
21(e) A member of the board of directors shall not be the general
22manager, the
district treasurer, or any other compensated employee
23of the district, except for volunteer firefighters as provided by
24
Section 53227.
25(f) This section shall become operative on January 1, 2035.
Section 61040.1 is added to the Government Code, to
27read:
(a) begin deleteNo person shall be a candidate for the end deletebegin insertThe end insertboard
29of directors of the Santa Rita Hills Community Services District
30begin delete unless he or she is a voter of the district, or is an individual who begin insert may consist of
31is otherwise qualified to vote and who owns property in the district.
32Eligibility shall be determined using the last Santa Barbara County
33equalized assessment roll preceding the electionend delete
34three
membersend insert.
35(b) This section shall be repealed on January 1, 2035.
The Legislature finds and declares that a special law
37is necessary and that a general law cannot be made applicable
38within the meaning of Section 16 of Article IV of the California
39Constitution because of the unique circumstances that existbegin delete inend deletebegin insert with
P4 1respect to the composition of the board of directors ofend insert the Santa
2Rita Hills Community Services District.
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