Amended in Senate June 2, 2014

Amended in Assembly April 10, 2014

Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2455

Introduced by Assembly Member Williams

February 21, 2014

An act to amend, repeal, and add Section 61040 of, and to add and repeal begin delete Section 61040.1 end delete begin insert Sections 61040.1 and 61040.2 end insert of, the Government Code, relating to community services districts.

LEGISLATIVE COUNSEL’S DIGEST

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, as specified. begin insert 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. end 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 1.  

Section 61040 of the Government Code is
amended to read:

61040.  

(a) Except as provided in Section 61040.1, 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) 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 is added to the Government Code, to
read:

61040.  

(a) 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) 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 61040.1 is added to the Government Code, to
read:

61040.1.  

(a) The board of directors of the Santa Rita Hills
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 shall adopt, by
begin insert a recorded end insert majority vote of the entire board of directors, begin delete on the
record, end delete 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 begin insert of end insert 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 begin insert recorded end insert majority vote of the entire board of
begin delete directors, on the record, end delete begin insert directors end insert shall do one 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 begin insert pursuant end insert 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.

(d) This section shall be repealed on January 1, 2035.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 61040.2 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 61040.2. end insert   

(a) If the number of members of the board of directors
of the Santa Rita Hills Community Services district is reduced
pursuant to Section 61040.1, the board may increase the board to
five members.

(b) (1) Prior to increasing the board of directors to five
members pursuant to Section 61040.1, 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 one 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 61040.1.

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

end insert

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

The Legislature finds and declares 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 that exist with
respect to the composition of the board of directors of the Santa
Rita Hills Community Services District.