Bill Text: CA AB948 | 2015-2016 | Regular Session | Amended
Bill Title: Local government: community service districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB948 Detail]
Download: California-2015-AB948-Amended.html
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 addSectionSections 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 Lawauthorizes 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 authorizea person to serve on the Board of Directorsthe board of directors of the Sierra Cedars Community Services Districtif 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 inSection 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, noNo 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)AExcept 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, noNo 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 thetypes of residences withincomposition 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.