Bill Text: CA AB2455 | 2013-2014 | Regular Session | Enrolled

California Assembly Bill 2455 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: The Santa Rita Hills Community Services District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 505, Statutes of 2014. [AB2455 Detail]

Download: California-2013-AB2455-Enrolled.html

BILL NUMBER: AB 2455	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	AMENDED IN SENATE  JUNE 17, 2014
	AMENDED IN SENATE  JUNE 2, 2014
	AMENDED IN ASSEMBLY  APRIL 10, 2014
	AMENDED IN ASSEMBLY  MARCH 10, 2014

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2455, 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, 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, until January 1, 2025,
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 the Santa Rita Hills Community
Services District.


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, 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 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 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.
   (d) This section shall be repealed on January 1, 2035.
  SEC. 4.  Section 61040.2 is added to the Government Code, to read:
   61040.2.  (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, 2025.
  SEC. 5.  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.