6590-6595
HEALTH AND SAFETY CODE
SECTION 6590-6595
6590. Notwithstanding any other provision of law, this article
shall apply only to the Central Contra Costa Sanitary District.
6591. (a) In the case of an elected district board, the directors
may be elected by divisions if a majority of the voters voting upon
the question are in favor of the question at a general district or
special election. Conversely, in the case of a district that has an
elected district board which is elected by election division, the
directors may be elected at large if a majority of the voters voting
upon the question are in favor of the question at a general district
or special election.
(b) As used in this section, "election by division" means the
election of each member of the district board by voters of only the
respective election division.
(c) The district board may adopt a resolution placing the question
on the ballot. Alternatively, upon receipt of a petition signed by
at least 5 percent of the registered voters of the district, the
district board shall adopt a resolution placing the question on the
ballot.
(d) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
(e) If the majority of voters voting upon the question approves
the election of directors by divisions, the district board shall
promptly adopt a resolution dividing the district into as many
divisions as there are directors. The resolution shall assign a
number to each division. Using the last decennial census as a basis,
the divisions shall be as nearly equal in population as possible. In
establishing the boundaries of the divisions the district board may
give consideration to the following factors: (1) topography, (2)
geography, (3) cohesiveness, contiguity, integrity, and compactness
of territory, and (4) community of interests of the divisions.
(f) If the majority of voters voting upon the question approves
the election of directors by division, the board members shall be
elected by election divisions and each member elected shall be a
resident of the election division from which he or she is elected. At
the district general election following the approval by the voters
of the election of directors by divisions, the district board shall
assign vacancies on the board created by the expiration of terms to
the respective election divisions and the vacancies shall be filled
from those election divisions.
(g) If the majority of voters voting upon the question approves
the election of directors at large, the district board shall promptly
adopt a resolution dissolving the election divisions which had
existed.
6592. In the case of a district board elected by election
divisions, the district board shall adjust the boundaries of the
election divisions before November 1 of the year following the year
in which each decennial federal census is taken. If at any time
between each decennial federal census a change of organization alters
the population of the district or the district increases or
decreases the number of members of the district board, the district
board shall reexamine the boundaries of its election divisions. If
the district board finds that the population of any election division
has varied so that the divisions no longer meet the criteria
specified in subdivision (c) of Section 6591, the district board
shall adjust the boundaries of the election divisions so that the
divisions shall be as nearly equal in population as possible. The
district board shall make this change within 60 days of the effective
date of the change of organization or an increase or decrease in the
number of members of the district board.
6593. (a) Before circulating any petition pursuant to Section 6591,
the chief petitioners shall publish a notice of intention which
shall include a written statement not to exceed 500 words in length,
setting forth the reasons for the proposal. The notice shall be
published pursuant to Section 6061 of the Government Code in one or
more newspapers of general circulation within the district. If the
district is located in more than one county, publication of the
notice shall be made in at least one newspaper of general circulation
in each of the counties.
(b) The notice shall be signed by at least one, but not more than
three, chief petitioners and shall be in substantially the following
form:
"Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition
affecting the Board of Directors of the ______ (name of the
district). The petition proposes that ______ (description of the
proposal)."
(c) Within five days after the date of publication, the chief
petitioners shall file with the secretary of the district board a
copy of the notice together with an affidavit made by a
representative of the newspaper in which the notice was published
certifying to the fact of publication.
(d) After the filing required pursuant to subdivision (c), the
petition may be circulated for signatures.
6594. (a) Sections 100 and 104 of the Elections Code shall govern
the signing of the petition and the format of the petition.
(b) A petition may consist of a single instrument or separate
counterparts. The chief petitioner or petitioners shall file the
petition, together with all counterparts, with the secretary of the
district board. The secretary shall not accept a petition for filing
unless the signatures have been secured within six months of the date
on which the first signature was obtained and the chief petitioner
or petitioners submitted the petition to the secretary for filing
within 60 days after the last signature was obtained.
6595. (a) Within 30 days after the date of filing a petition, the
secretary of the district board shall cause the petition to be
examined and shall prepare a certificate of sufficiency indicating
whether the petition is signed by the requisite number of signers.
(b) The secretary shall cause the names of the signers on the
petition to be compared with the voters' register in the office of
the county clerk or registrar of voters and ascertain (1) the number
of registered voters in the district, and (2) the number of qualified
signers appearing upon the petition.
(c) If the certificate of the secretary shows the petition to be
insufficient, the secretary shall immediately give notice by
certified mail of the insufficiency to the chief petitioners. That
mailed notice shall state in what amount the petition is
insufficient. Within 15 days after the date of the notice of
insufficiency, the chief petitioners may file with the secretary a
supplemental petition bearing additional signatures.
(d) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify in writing the results of his or her examination.
(e) The secretary shall sign and date a certificate of
sufficiency. That certificate shall also state the minimum signature
requirements for a sufficient petition and show the results of the
secretary's examination. The secretary shall mail a copy of the
certificate of sufficiency to the chief petitioners.
(f) Once the chief petitioners have filed a sufficient petition,
the district board shall take the actions required pursuant to
Section 6591.