5500-5595
PUBLIC RESOURCES CODE
SECTION 5500-5595
5500. "District," as used in this article, means any regional park
district, regional park and open-space district, or regional
open-space district formed pursuant to this article.
5501. A district may be created pursuant to, and it may exercise
the powers granted by, this article.
5502. (a) Three or more cities, together with any parcel or parcels
of city or county territory, whether in the same or different
counties, may organize and incorporate. All the territory in the
proposed district shall be contiguous.
(b) Notwithstanding subdivision (a), one or more cities, together
with any parcel or parcels of city or county territory, whether in
the same or different counties, the territory of all of which when
combined has a population of at least 50,000, may organize and
incorporate. All the territory in the proposed district shall be
contiguous.
5503. Whenever it is desired to form a district, a petition
requesting the creation and maintenance of a district, and describing
the exterior boundaries of the proposed district shall be signed by
at least 5,000 electors residing within the territory proposed to be
included in the district and shall be presented to the board of
supervisors of the county containing the largest area within the
proposed district.
5504. A petition may consist of any number of separate instruments,
all of which together shall constitute one petition. Each instrument
shall contain the affidavit of the person who circulated it,
certifying that each signature is the true signature of the person
whose name it purports to be. Every elector signing the petition
shall write his address opposite his signature. The clerk of the
board of supervisors of the county having the largest area within the
proposed district, shall check and verify the signatures to the
petition and certify the result of the examination to the board of
supervisors.
5505. If the petition contains names of electors residing in a
county other than the one having the largest area within the proposed
district, and does not contain the requisite number of signatures of
electors residing in the county having the largest area within the
proposed district, a duplicate original of the petition shall be
filed with the board of supervisors of the other county, and the
clerk of the board of supervisors of the other county shall likewise
check and verify the signatures to the petition and certify the
result to the board of supervisors of his county, and thereupon
copies of the clerk's certificates shall be transmitted to each
county affected.
5506. If the petition contains sufficient signatures of electors
residing in the county having the largest area within the proposed
district, but the petition includes land within another county or
other counties, the clerk of the board of supervisors of the county
having the largest area within the proposed district shall transmit a
certified copy of the petition and of his certificate to the board
of supervisors of the other county or counties.
5506.3. (a) (1) The Legislature hereby finds and declares that the
population of San Diego County continues to grow at an increasing
rate, and already the county is far behind other urban areas in the
state in providing adequate park, recreational, and open-space
facilities for its residents. Formation of a regional district with
boundaries coterminous with those of San Diego County is critical to
help address the growing and unmet park and recreational needs in San
Diego County.
(2) Proceedings for the formation of a regional park and
open-space district or a regional open-space district with boundaries
coterminous with those of San Diego County may be initiated by
resolution of the Board of Supervisors of the County of San Diego
after a hearing noticed in accordance with Section 6064 of the
Government Code, in lieu of the petition and proceedings related to
the petition specified in this article.
(b) As used in this section and Sections 5538.3 and 5539.3:
(1) "Regional district" means a district formed pursuant to this
section that contains all of the territory within San Diego County,
including all incorporated cities.
(2) "Capital outlay project" means the acquisition or improvement
of real property, but, for purposes of subdivision (c), includes the
servicing of bonds issued pursuant to Section 5539.3.
(c) The resolution specified in subdivision (a) shall do all of
the following:
(1) Name the proposed regional district and state the reasons for
forming it.
(2) Specify that the Board of Supervisors of the County of San
Diego shall act, ex officio, as the governing body of the regional
district. The provisions of this article pertaining to district
directors do not apply, and all powers and authority of the regional
district shall be vested in the board of supervisors in its capacity
as the governing body of the regional district.
(3) Describe the territory to be included in the regional
district.
(4) Describe the methods by which the regional district will be
financed.
(5) (A) Specify that all revenue generated by the regional
district, including the proceeds from the issuance of any bonds,
shall be allocated among all affected public agencies within the
territory of the district, for expenditure consistent with the
purposes of this article, to adequately address the needs specified
in subdivision (a) of Section 5539.3.
(B) For the purposes of this paragraph, "all affected public
agencies" means the County of San Diego, all incorporated cities
within the county, and any joint powers authority or agency
established for the purpose of acquiring land for park, recreational,
open-space, and conservation purposes.
(6) (A) Call and give notice of an election to be held in the
proposed regional district for the purpose of determining whether the
regional district shall be formed.
(B) Notwithstanding Section 5518, the County Counsel of the County
of San Diego shall prepare the language in the ballot label. The
proposition shall specify the matters set forth in the resolution,
except for subparagraph (A). The analysis and review of the measure
shall be carried out pursuant to Section 9160 of the Elections Code.
(7) State that, in the first 20 years after the date that an
assessment is levied pursuant to Section 5539.3, a minimum of 80
percent of all proceeds of assessments levied by the regional
district shall be used for capital outlay projects.
(8) Include an expenditure plan consisting of a list of capital
outlay projects, including acquisition areas, and a general
description of proposed outlays for operation and maintenance, to be
funded, over a 20-year period from the date on which the assessment
is first levied, with proceeds of assessments levied by the regional
district.
(9) State the proposed rate and method of apportionment to be used
in levying annual assessments for all categories of property.
(10) Include any other matters determined to be necessary by the
board of supervisors.
(d) (1) The formation of the regional district is not subject to
Section 5517.1 or to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5 of the Government Code).
(2) The regional district shall be formed if a majority of voters
voting on the proposition vote in favor of formation of the regional
district.
(e) (1) No proceeds from any bonds issued pursuant to Section
5539.3 shall be expended for operation and maintenance. Bond proceeds
may be expended to pay all costs incidental to the preparation and
issuance of the bonds.
(2) The regional district may use the proceeds from the levy of
assessments for the operation and maintenance of capital outlay
projects.
(f) The San Diego Association of Governments, serving as the
Regional Planning and Growth Management Review Board, should review
the expenditure plan for consistency with the open-space element of
the Regional Growth Management Strategy.
5506.4. (a) Proceedings for the formation of a district with
boundaries coterminous with those of Napa County may be initiated by
resolution of the Board of Supervisors of Napa County adopted after a
hearing noticed in accordance with Section 5511, in lieu of a
petition.
(b) The resolution shall do all of the following:
(1) Name the proposed district and state the reasons for forming
it.
(2) Specify that the proposed district shall be governed by a
board of five directors who shall be elected in accordance with this
article and that no member of the board of supervisors shall be a
director.
(3) State that the territory of the proposed district shall
include all of the territory within Napa County, including
incorporated cities.
(4) Specify the boundaries of the five wards or subdistricts drawn
pursuant to Section 5515.
(5) Specify that the district shall not have, and may not
exercise, the power of eminent domain pursuant to Section 5542 or any
other provision of law.
(6) Describe the methods by which the proposed district will be
financed.
(7) Call an election pursuant to Section 5514.
(8) Include any other matters necessary to the formation of the
proposed district.
5506.5. (a) If the exterior boundaries of a proposed district are
coterminous with the exterior boundaries of the County of Marin or
the County of Sonoma, proceedings for formation of that district may,
in lieu of a petition, be initiated by resolution of the board of
supervisors of the county.
(b) The resolution may specify that the board of supervisors shall
act, ex officio, as the governing body for a district formed in
Marin County. For a district formed in Sonoma County, the board of
supervisors shall act, ex officio, as the governing body of the
district. In those cases, the provisions of this article pertaining
to the election of district directors shall not apply and all powers
and authority of the district shall be vested in the board of
supervisors of the county in its capacity as the governing body of
the district.
(c) The resolution adopted by the Board of Supervisors of the
County of Sonoma shall do all of the following:
(1) Name the district, and state the reasons for forming it.
(2) Describe the methods by which the district will be financed.
(3) Call, and give notice of, an election to be held in the
proposed district for the purpose of determining whether the district
shall be created and established. The formation of the district is
not subject to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5 of the Government Code).
(4) Include any other matters necessary to the formation of the
district.
5506.6. The governing body of a district formed pursuant to Section
5506.5 may, by resolution, change the legal name of the district to
the "Marin County Open Space District" or the "Sonoma County
Agricultural Preservation and Open Space District," as appropriate.
5506.7. (a) Proceedings for the formation of a district in
Riverside County may be initiated by resolution of the Board of
Supervisors of the County of Riverside, in lieu of a petition.
(b) The resolution shall do all of the following:
(1) Name the district and state the reasons for forming it.
(2) Specify that the board of supervisors shall act, ex officio,
as the governing body of the district. The provisions of this article
pertaining to the election of district directors do not apply, and
all powers and authority of the district shall be vested in the board
of supervisors in its capacity as the governing body of the
district.
(3) Describe the territory to be included in the district.
Notwithstanding Section 5502, the territory of the district shall
consist of at least all unincorporated areas of the county lying west
of a north-south line passing through Chiriaco Summit. However, if
requested by resolution of the governing body of any city, that city
may be included in the district and the description shall reflect its
inclusion.
(4) Describe the methods by which the district will be financed.
(5) Call and give notice of an election to be held in the proposed
district for the purpose of determining whether the district shall
be created and established. The election shall be consolidated with a
statewide election or any election conducted throughout Riverside
County.
5506.8. (a) Proceedings for the formation of a regional park and
open-space or regional open-space district in San Bernardino County
may be initiated by resolution of the Board of Supervisors of the
County of San Bernardino adopted after a hearing noticed in
accordance with Section 6062a of the Government Code, in lieu of the
petition and related proceedings specified in this article.
(b) The resolution shall do all of the following:
(1) Name the regional district and state the reasons for forming
it.
(2) Specify that the board of supervisors shall act, ex officio,
as the governing body of the regional district. The provisions of
this article pertaining to district directors do not apply, and all
powers and authority of the regional district shall be vested in the
board of supervisors in its capacity as the governing body of the
regional district.
(3) Describe the territory to be included in the proposed regional
district. Notwithstanding Section 5502, the territory of the
regional district need not be contiguous, need not include any city
in the county, and need not consist of all unincorporated areas of
San Bernardino County. No city or recreation and park district shall
be included in the regional district unless requested by resolution
of the governing body of the city or recreation and park district
desiring to be included in the regional district.
(4) Describe the methods by which the district will be financed.
(5) Call and give notice of an election to be held in the proposed
regional district for the purpose of determining whether the
proposed regional district shall be created and established. As used
in this subdivision, "proposed regional district" includes the
territory of any city or recreation and park district whose
requesting resolution was adopted before the date of the hearing
required by subdivision (a). Any city or recreation and park district
that adopted a requesting resolution shall become a part of the
regional district if a majority of the electors of the proposed
regional district vote in favor of creating and establishing the
regional district.
5506.9. (a) Proceedings for the formation of a regional park and
open-space or regional open-space district with boundaries
coterminous with those of Los Angeles County may be initiated by
resolution of the Board of Supervisors of the County of Los Angeles
adopted after a hearing noticed in accordance with Section 6064 of
the Government Code, in lieu of the petition and proceedings related
to the petition as specified in this article.
(b) For purposes of this section and Sections 5538.9 and 5539.9,
"the regional district" means a district that contains all of the
territory within Los Angeles County, including all incorporated
cities.
(c) The resolution described in subdivision (a) shall do all of
the following:
(1) Name the regional district and state the reasons for forming
it.
(2) Specify that the Board of Supervisors of the County of Los
Angeles shall act, ex officio, as the governing body of the regional
district. The provisions of this article pertaining to district
directors do not apply, and all powers and authority of the regional
district shall be vested in the board of supervisors in its capacity
as the governing body of the regional district.
(3) Describe the territory to be included in the proposed regional
district.
(4) Describe the methods by which the district will be financed.
(5) Specify that all revenue generated by the regional district,
including the proceeds from the issuance of any bonds, shall be
allocated among all affected public agencies within the district, for
expenditure consistent with the purposes of this article, to
adequately address the needs defined in Section 5539.9. For the
purposes of this section, "all affected public agencies" means the
County of Los Angeles, all incorporated cities within the county, and
any regional state agency established for the purpose of acquiring
land for park, recreation, open-space, and conservation purposes.
(6) Call and give notice of an election to be held in the proposed
regional district for the purpose of determining whether the
proposed regional district shall be created and established.
(7) State that, in each of the first 20 years after the date an
assessment is levied pursuant to subdivision (c) of Section 5539.9, a
minimum of 80 percent of all proceeds of assessments levied by the
regional district shall be used for capital outlay projects,
including, but not limited to, acquisition and improvement of real
property. For purposes of this subdivision, capital outlay projects
include the servicing of bonds issued pursuant to Section 5539.9.
(8) Include an expenditure plan consisting of a list of capital
outlay projects including acquisition areas and a general description
of proposed outlays for operations and maintenance to be funded over
a 20-year period of time from the date on which the assessment is
first levied with proceeds of assessments levied by the regional
district.
(9) State the proposed rate and method of apportionment to be used
in levying annual assessments for all categories of property.
(10) Include any other matters determined to be necessary by the
board of supervisors.
(d) The regional district shall be created and established if a
majority of voters voting on the proposition vote in favor of
creating the district.
(e) No proceeds from any bonds issued pursuant to Section 5539.9
shall be used for any operations, maintenance, or servicing purposes,
except that bond proceeds may be used to pay all costs incidental to
the preparation and issuance of the bonds.
(f) Any funds generated by the district and used for maintenance
and servicing shall be used only to maintain and service capital
outlay projects funded pursuant to this section. Funds provided for
maintenance and servicing shall be used to supplement existing levels
of service and not to fund existing levels of service.
(g) Assessments shall be levied not longer than the last maturity
date of any bonds issued pursuant to Section 5539.9 and shall be
levied not longer than 30 years from the date on which the assessment
is first levied.
5506.10. (a) (1) The Legislature hereby finds and declares that the
population of Sacramento County continues to grow at an increasing
rate, and already the county is far behind in providing adequate
park, recreational, and open-space facilities for its residents.
Formation of a regional district with boundaries coterminous with
those of Sacramento County is critical to help address the growing
and unmet park and recreational needs in Sacramento County.
(2) Proceedings for the formation of a regional park and
open-space district or a regional open-space district with boundaries
coterminous with those of Sacramento County may be initiated by
resolution of the Board of Supervisors of the County of Sacramento
after a hearing noticed in accordance with Section 6064 of the
Government Code, in lieu of the petition and proceedings related to
the petition specified in this article.
(b) As used in this section:
(1) "Regional district" means a district formed pursuant to this
section that contains all of the territory within Sacramento County,
including all incorporated cities.
(2) "Capital outlay project" means the acquisition or improvement
of real property, but, for purposes of subdivision (c) includes the
servicing of bonds issued pursuant to Section 5539.10.
(3) "Maintenance" means both of the following:
(A) Those purposes listed in Section 22531 of the Streets and
Highways Code.
(B) Security for park, recreational, and open-space lands and
improvements, including, but not limited to, park rangers and park
security personnel.
(c) The resolution specified in subdivision (a) shall do all of
the following:
(1) Name the proposed regional district and state the reasons for
forming it.
(2) Specify that the Board of Supervisors of the County of
Sacramento shall act, ex officio, as the governing body of the
regional district. The provisions of this article pertaining to
district directors do not apply, and all powers and authority of the
regional district shall be vested in the board of supervisors in its
capacity as the governing body of the regional district.
(3) Describe the territory to be included in the regional
district.
(4) Describe the methods by which the regional district will be
financed.
(5) (A) Specify that all revenue generated by the regional
district, including the proceeds from the issuance of any bonds,
shall be allocated among all affected public agencies within the
territory of the district, for expenditure consistent with the
purposes of this article, to adequately address the needs specified
in subdivision (a) of Section 5539.10.
(B) For the purposes of this paragraph, "all affected public
agencies" means the County of Sacramento, all incorporated cities
within the county, and any park district or county service area
established for the purpose of acquiring, improving, and managing
land or improvements for park, recreational, open-space, or
conservation purposes which is included within the territory of the
district.
(6) (A) Call and give notice of an election to be held in the
proposed regional district for the purpose of determining whether the
regional district shall be formed.
(B) Notwithstanding Section 5518, the County Counsel of the County
of Sacramento shall prepare the language in the ballot label. The
proposition shall specify the matters set forth in the resolution,
except for subparagraph (A). The analysis and review of the measure
shall be carried out pursuant to Section 9160 of the Elections Code.
(7) State that in the first 20 years after the date that an
assessment is levied pursuant to Section 5539.10, a minimum of 75
percent of all proceeds of assessments levied by the regional
district shall be used for capital outlay projects on a nonannualized
basis.
(8) Include an expenditure plan consisting of a list of capital
outlay projects, including acquisition areas, and a general
description of proposed outlays for operation and maintenance to be
funded, over a 20-year period from the date on which the assessment
is first levied, with proceeds of assessments levied by the regional
district. No funds shall be allocated for capital outlay projects or
for the operation and maintenance of any lands or facilities that are
not located within the boundaries of the regional district.
(9) State the proposed rate and method of apportionment to be used
in levying annual assessments for all categories of property.
(10) Include any other matters determined to be necessary or
desirable by the board of supervisors.
(d) (1) The formation of the regional district is not subject to
Section 5517.1 or to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5 of the Government Code).
(2) The regional district shall be formed if a majority of voters
voting on the proposition vote in favor of formation of the regional
district.
(e) (1) No proceeds from any bonds issued pursuant to Section
5539.10 shall be expended for operation and maintenance. Bond
proceeds may be expended to pay all costs incidental to the
preparation and issuance of the bonds.
(2) The regional district may use the proceeds from the levy of
assessments for the operation and maintenance of capital outlay
projects and any lands acquired and improvements made to park,
recreational, and open-space lands of the regional district.
5506.11. (a) A proceeding for the formation of a regional district
in Santa Barbara County may be initiated by resolution of the Board
of Supervisors of the County of Santa Barbara, adopted after a
hearing noticed in accordance with Section 6064 of the Government
Code, in lieu of the petition and proceedings related to the petition
as specified in this article.
(b) The resolution shall do all of the following:
(1) Name the proposed regional district and state the reasons for
forming it.
(2) Specify that the proposed regional district shall be governed
by a board of five directors, to be elected in accordance with this
article.
(3) Specify the territory to be included in the proposed regional
district. The territory of the proposed regional district may include
part of the territory within Santa Barbara County, and may include
incorporated cities within that territory.
(4) Specify the boundaries of the five wards or subdistricts drawn
pursuant to Section 5515.
(5) Specify that the regional district shall not have, and may not
exercise, the power of eminent domain pursuant to Section 5542 or
any other provision of law.
(6) Describe the methods by which the proposed regional district
will be financed.
(7) Call, and give notice of, an election to be held in the
proposed regional district pursuant to subdivision (b) of Section
5514.
(8) Prescribe any other matters necessary to the formation of the
proposed regional district.
(c) For purposes of this section, "regional district" means an
open-space district formed pursuant to this section that contains
part of the territory within Santa Barbara County, including all
incorporated cities within that territory.
5506.12. (a) A proceeding for the formation of a regional district
in Ventura County may be initiated by resolution of the Board of
Supervisors of the County of Ventura, adopted after a hearing noticed
in accordance with Section 6064 of the Government Code, in lieu of
the petition and related proceedings specified in this article.
(b) The resolution shall do all of the following:
(1) Name the proposed regional district and state the reasons for
forming it.
(2) Specify that the proposed regional district shall be governed
by a board of five directors who shall be: (A) elected in accordance
with this article; (B) appointed by the board of supervisors; or (C)
the members of the board of supervisors acting ex officio. The method
of selecting directors shall be determined by the terms of the
regional district measure placed before the voters.
(3) Specify the territory to be included in the proposed regional
district. The territory of the proposed regional district may include
all or part of the territory within Ventura County, and may include
incorporated cities within that territory.
(4) Specify the boundaries of the five wards or subdistricts drawn
pursuant to Section 5515 or according to the boundaries of existing
supervisorial districts.
(5) Specify that the regional district shall not have, and may not
exercise, the power of eminent domain pursuant to Section 5542 or
any other provision of law.
(6) Describe the methods by which the proposed regional district
will be financed.
(7) Call, and give notice of, an election to be held in the
proposed regional district pursuant to subdivision (b) of Section
5514.
(8) Prescribe any other matters necessary to the formation of the
proposed regional district.
(c) For purposes of this section, "regional district" means an
open-space district formed pursuant to this section that contains all
or part of the territory within Ventura County, and may include all
incorporated cities within that territory.
5507. If the clerk's certificate or certificates indicate that the
petition has been properly signed, the board of supervisors of the
county or counties not having the largest area within the proposed
district shall, by resolution, fix a time and place for a hearing
upon the question whether the territory described within the
boundaries of its county will be benefited and should be included in
the proposed district.
5508. Notice of the hearing, specifying the time and place, shall
be published twice in a newspaper of general circulation in the
county conducting the hearing. The first publication shall be at
least ten days before the day of the hearing.
5509. The hearing may be continued from time to time, not exceeding
four weeks in all. At the conclusion of the hearing the board of
supervisors conducting it shall pass a resolution, either approving
in whole or in part the inclusion within the proposed district of the
territory within its county described in the petition, or
disapproving it. If the board approves it in part only, it shall in
the resolution describe the territory in its county the inclusion of
which it approves. It shall then cause a certified copy of the
resolution to be immediately transmitted to the clerk of the board of
supervisors of the county having the largest area within the
proposed district.
5510. The board of supervisors of the county having the largest
area within the proposed district shall then, by resolution, fix a
time and place for a hearing upon the question whether the petition
should be granted and further proceedings taken under this article,
and whether the property described in the petition will be benefited
and should be included in the proposed district.
5511. Notice of the hearing, specifying the time and place, shall
be published twice in a newspaper of general circulation in the
county conducting the hearing. The first publication shall be at
least ten days before the day of the hearing.
5512. The hearing may be continued from time to time, not exceeding
four weeks in all. At the conclusion of the hearing, the board of
supervisors conducting it shall pass a resolution, either approving
the petition in whole or in part, or denying it. If the board
approves it in part only, it shall describe in the resolution the
territory proposed to be included in the district. It shall not
include in the description any territory, the inclusion of which has
not been approved by the board of supervisors of the county in which
it is located.
5512.5. (a) Except as provided in Section 5506.6, the question
whether the district shall be named a regional park district,
regional park and open-space district, or regional open-space
district shall be considered at the hearing conducted by the board of
supervisors of the county having the largest area within the
proposed district. At the conclusion of such hearing, the board of
supervisors shall pass a resolution naming the district.
(b) Except as provided in Section 5506.6, after formation of a
district, the directors may change the name of the district, at the
conclusion of a hearing held for that purpose, by resolution approved
by four-fifths of the directors of the district. Notice of the
hearing, specifying the time and place, shall be published at least
once in a newspaper of general circulation in the district; or if
there be none, in the county having the largest population within the
district.
5513. Where all the territory described in the petition is located
entirely within one county, the board of supervisors of that county
shall, after the petition has been checked and certified by the
clerk, proceed in the first instance as provided for the county
having the largest area within the proposed district.
5514. (a) The board of supervisors of the county having the largest
area within the proposed district shall, if the petition, after the
hearing, has been approved, in whole or in part, have jurisdiction to
proceed further with the calling of an election within the
boundaries of the proposed district as described in the resolution
passed at the conclusion of the hearing, and shall, either as a part
of the same resolution or by a later resolution, call an election
within the proposed district for the purpose of determining whether
the district shall be created and established and, if necessary, for
the purpose of electing the first board of directors therefor in case
the district is created.
(b) In a district proposed to be formed pursuant to Section
5506.5, 5506.11, or 5506.12, the resolution calling the election may
provide for a single ballot measure or separate ballot measures on
the question of formation, establishment of an appropriations limit
authorized by Section 4 of Article XIII B of the California
Constitution, the authority to tax pursuant to Section 5566, and the
authority to sell bonds pursuant to Section 5568, or any combination
of those questions.
5515. Before calling the election the board of supervisors shall
divide the proposed district into five or seven wards or
subdistricts, the boundaries of which shall be so drawn that each
contains approximately an equal number of electors.
The municipalities and any other territory included in the
proposed district may be divided for the purpose of establishing the
boundaries of the wards or subdistricts, if no election precinct is
divided.
5516. Upon establishing the wards the board of supervisors of the
county shall give notice of an election to be held within the
proposed district for the purpose of determining whether it shall be
created and established, and for the purpose of electing directors if
established.
The notice shall state the name of the proposed district, and
describe its boundaries. It shall also describe the boundaries of the
wards or subdistricts provided for the purpose of electing
directors.
5517. The notice shall be published once a week for at least three
weeks before the day of the election in each municipality in the
proposed district. If no newspaper of general circulation is
published in any of the municipalities included in the district, the
notice shall be posted for at least three weeks in not less than
three public places in each of such municipalities. If unincorporated
territory is included in the district the notice shall be posted for
a like period in at least three public places in the unincorporated
territory.
5517.1. Within five days after the district formation election has
been called, the legislative body which has called the election shall
transmit, by registered mail, a written notification of the election
call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.
5517.2. The board of supervisors or any member or members of the
board authorized by the board, or any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.
5517.3. If more than one argument for or more than one argument
against the proposed district formation is filed with the election
officials within the time prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.
5517.4. The elections officials in charge of conducting the
election shall cause a ballot pamphlet concerning the district
formation proposition to be voted on to be printed and mailed to each
voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following, in the order
prescribed:
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.
5518. The ballots for the election shall contain such instructions
as are required by law, and in addition the following:
--------------------------------------+------+----
Shall the (giving the name) district |YES |
be created and | |
--------------------------------------+------+----
established? |NO |
--------------------------------------+------+----
The ballots shall also contain the names of the persons nominated
in each ward to serve as a member of the board of directors from the
ward, showing separately each ward and its nominees. Any person may
be nominated for the office of director upon written petition of 50
or more qualified electors of the ward or subdistrict in which the
nominee resides.
5519. The election, including the nomination and election of
directors and all matters not otherwise provided for by this article,
shall be held and conducted and the result ascertained, determined,
and declared in accordance with the general election laws of the
State, as nearly as may be. No person is entitled to vote at the
election unless he is a qualified elector of the territory included
in the proposed district. The election may be held on the same day as
and consolidated with any State, county, or city election.
5520. The election returns shall be forwarded to the board of
supervisors of the county having the largest area within the proposed
district at the conclusion of the canvass, pursuant to Section 15372
of the Elections Code. At the next meeting after the receipt of the
election returns, the board shall certify the results of the
election. If a majority of those who have voted on the proposition
vote in favor of the creation of the district the board of
supervisors shall order and declare the district created.
If it appears from the canvass that a majority of the electors
voting at the election have voted against the formation of the
district, the proceedings fail entirely, and there shall be no
similar proceedings instituted within that territory within six
months from the date of the election.
5521. The board of supervisors shall also canvass the returns of
the election with respect to the persons voted for as directors, and
shall declare the persons receiving the highest number of votes, for
each ward, respectively, to be duly elected as directors of the
district, if they are residents and electors of the ward of the
district as finally determined.
5522. A person is not entitled to serve as a director unless he is
a resident and elector of the district as finally determined, and any
vacancies on the board of directors caused by the elimination of
territory shall be filled by the remaining directors, in which case
ward lines may be disregarded in making their appointments.
5523. The directors shall hold their respective offices only until
the first Monday after the first day of January next following the
first general election held at least 11 months after the election at
which the district was formed, and until their successors are elected
and qualified.
5524. The board of supervisors of the county having the largest
area within the district shall cause a certified copy of the order
declaring the district created and established, declaring the result
of the election, and describing the boundaries of the district, to be
recorded with the county recorder of each county in which any
portion of the district is situated, and a certified copy shall be
filed in the office of the Secretary of State. Thereupon the creation
and establishment of the district is complete, and the persons
elected as directors shall enter immediately upon their official
duties after qualifying according to law.
5525. The board of supervisors calling the election shall make all
provisions for holding the election throughout the entire proposed
district.
The district shall pay the cost of the election, except that if it
fails to be created and established, the county shall pay the cost
of the election.
5526. No informality in any proceeding or in the conduct of the
election, not substantially affecting adversely the legal rights of
any person, shall be held to invalidate the incorporation of any
district, and any proceedings in which the validity of the
incorporation is attacked shall be commenced within three months from
the date of filing the order described in section 5524 with the
Secretary of State; otherwise, incorporation and the legal existence
of the district is valid and in every respect legal and
incontestable.
5526.1. Any action or proceeding in a district formed pursuant to
Section 5506.5, in Sonoma County, in which the validity of the
imposition of any tax authorized by this article or the issuance of
any bonds under this article or any of the proceedings in relation
thereto is contested, questioned, or denied, shall be commenced
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure. Any such action brought
pursuant to Section 863 of the Code of Civil Procedure shall be
commenced within 180 days of the levy of the contested tax or the
authorization of the bond sale. Otherwise, the taxes and bonds and
all proceedings in relation thereto, including the adoption and
approval of ordinances, shall be held to be valid and in every
respect legal and incontestable.
5527. The government of each district shall be vested in a board of
five or seven directors, one from each of the wards or subdistricts,
together with the other officers mentioned in this article.
Directors shall be residents and electors of the wards or
subdistricts from which they are nominated. Directors who are elected
at any election which is held after October 1, 1965, shall be
elected by ward or subdistrict and the qualified electors in any ward
or subdistrict may only vote at a district election at which a
director is to be elected to represent such ward or subdistrict and
may only vote for one of the persons who is nominated for such
office.
5527.1. (a) Notwithstanding Section 5527, the local agency
formation commission, in approving either a consolidation of
districts or the reorganization of two or more districts into a
single regional park district may, pursuant to subdivisions (k) and
(n) of Section 56886 of the Government Code, increase the number of
directors to serve on the board of directors of the consolidated or
reorganized district to 7, 9, or 11, who shall be members of the
board of directors of the districts to be consolidated or reorganized
as of the effective date of the consolidation or reorganization.
(b) Upon the expiration of the terms of the members of the board
of directors of the consolidated district, or a district reorganized
as described in subdivision (a), whose terms first expire following
the effective date of the consolidation or reorganization, the total
number of members on the board of directors shall be reduced until
the number equals the number of members permitted by the principal
act of the consolidated or reorganized district, or any larger number
as may be specified by the local agency formation commission in
approving the consolidation or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated district or a district reorganized as described
in subdivision (a) at which time the total number of directors is
greater than five, the board of directors may, by majority vote of
the remaining members of the board, choose not to fill the vacancy.
In that event, the total membership of the board of directors shall
be reduced by one board member. Upon making the determination not to
fill a vacancy, the board of directors shall notify the board of
supervisors of its decision.
(d) For the purposes of this section: "consolidation" means
consolidation, as defined in Section 56030 of the Government Code;
"district" or "special district" means district or special district,
as defined in Section 56036 of the Government Code; and
"reorganization" means reorganization, as defined in Section 56073 of
the Government Code.
5528. All elections and nominations of candidates for directors
subsequent to the first shall be held and conducted in accordance
with the general election laws of the State as near as they may be
applicable when not in conflict with this article.
5529. At least 10 days before the date fixed for the district
election, notice of the election shall be given by publication once
in one or more newspapers of general circulation published and
circulated in the district. In districts where no newspaper of
general circulation is published, notice shall be posted in three
public places for two successive weeks. No other notice of an
election need be given. The notice shall refer to the wards as
previously established by resolution or ordinance of the board of
directors.
5530. The board of directors shall, in the notice, ordinance, or
resolution calling an election, consolidate the district election
with the election to be held at the same time in the respective
counties in which the district is located and shall authorize the
respective boards of supervisors to canvass the returns of the
district election and certify the result of the canvass to the
directors of the district. The board or boards of supervisors shall
so consolidate the election, canvass the returns and cause the result
to be properly certified to the board of directors of the district.
5531. The election shall be held in all respects as if there were
only one election, and only one ticket or ballot shall be used.
Nomination papers shall be circulated throughout the ward. A
nomination paper containing the name of the candidate to be
nominated, with such other information as is required by this
article, shall be signed by at least 50 voters residing within the
ward.
5532. (a) Except as otherwise provided in this section and Section
5531, Chapter 1 (commencing with Section 8000) of Part 1 of Division
8 of the Elections Code shall substantially govern the manner of
appointment of circulators, the form of nomination documents and the
securing of signatures to the nomination documents, the filing of the
candidate's nomination documents, the payment of filing fees, and
all other things necessary to get the name of the candidate upon the
ballot.
(b) Circulators may obtain signatures to the nomination paper of
any candidate at any time not more than 113 days nor less than 88
days prior to the election, and all nomination documents shall be
filed with the secretary of the district not more than 113 days nor
less than 88 days before the day of election and shall be examined by
him or her.
(c) The election shall be consolidated with the general election
as to territory that is the same, and the secretary of the district
shall certify the names of all candidates to be placed upon the
ballot to the county elections official or officials within the
territory affected by the consolidation at least 67 days prior to the
date of the election.
(d) Upon the filing of a sufficient nomination paper and
declaration of candidacy by any candidate, the name of the candidate
shall go upon the ballot at the ensuing general election. Upon
receipt of the returns of the canvass by the respective boards of
supervisors, the directors of the district shall meet and determine
results of the election and declare the candidate or candidates
elected.
(e) Notwithstanding any other provision of this section if, by 5
p.m. on the 83rd day prior to the day fixed for the ensuing general
election, only one person has been nominated for any elective office
to be filled at that election, or no one has been nominated for the
office and if a petition signed by 10 percent of the voters or 50
voters, whichever is the smaller number, in the district, or division
if elected by division, requesting that the election of directors be
held has not been presented to the board of directors, the board of
directors shall submit a certificate of these facts to the county
elections official or officials and the board of directors, at a
regular or special meeting held prior to the last Monday before the
last Friday in November in which the election is held, shall appoint
to the office or offices the person or persons, if any, who have been
nominated. The board of directors shall make the appointments. If no
person has been nominated for any office, the board of directors
shall appoint any person to the office who is qualified at the first
regular or special meeting after the date upon which the election
would have been held. The board of directors may permit the
candidates running unopposed to have their names appear on the
ballot, at the board's option. The person appointed shall qualify and
take office and serve exactly as if elected for the office.
(f) The secretary of the district shall issue certificates of
election, signed by him or her and duly authenticated, immediately
following the determination of the result of the election or the
appointment by the directors of the district.
(g) The oath of office shall be taken, subscribed, and filed with
the secretary of the district within 30 days after the officer has
notice of his or her election or appointment or before the expiration
of 15 days before the commencement of his or her term of office. No
other filing is required.
5533. Of the directors elected at the next general state election
following the election at which the district is created, those three
elected by the highest vote in a five-ward district, or those four
elected by the highest vote in a seven-ward district, shall hold
office for four years, and the other two in a five-ward district and
the other three in a seven-ward district for two years, and until
their successors are elected and qualified. Thereafter, at each
biennial general election, a number of directors corresponding to the
number whose term of office expires shall be elected for terms of
four years. The terms shall commence on the first Monday after the
first day of January next following the election.
5533.5. Notwithstanding the provisions of Section 5533, with
respect to any district formed after December 31, 1974, the board of
directors shall at its first meeting determine by lot which three
wards in a five-ward district or four wards in a seven-ward district,
and which two wards in a five-ward district or three wards in a
seven-ward district, shall have four- and two-year terms,
respectively, at the next general election. Thereafter, at each
biennial general election, a number of directors corresponding to the
number whose term of office expires shall be elected for terms of
four years. The terms shall commence on the first Monday after the
first day of January next following the election.
5533.7. (a) Notwithstanding Sections 5533 and 5533.5, with respect
to a district formed pursuant to Section 5506.12 where the board of
directors of the district is appointed by the board of supervisors of
the county in which the district is located, the terms of office of
each member of the board of directors is four years, commencing at
noon on the first Monday in January, except as provided in
subdivision (b).
(b) Within 30 days after the date a district is formed pursuant to
this chapter, the board of supervisors of the county in which the
district is formed shall appoint five persons to the board of
directors of the district. Each person appointed by the board of
supervisors to serve on the board of directors of the district shall
be a registered voter in the district. The persons appointed to the
initial board of directors shall hold their first meeting not later
than the first Monday that falls after 45 days after the date of
formation of the district. At the first meeting of the board, the
directors shall classify themselves by lot into two classes of
members. The term of office of the first class with three members
shall expire at noon on the first Monday in January that is closest
to the fourth year after the appointments made pursuant to this
subdivision. The term of office of the class with two members shall
expire at noon on the first Monday in January that is closest to the
second year after the appointments made pursuant to this subdivision.
(c) Any vacancy in the office of a member of the board of
directors of the district appointed pursuant to this section shall be
filled by the board of supervisors of the county in which the
district is formed. Any person appointed to fill a vacant office
shall fill the balance of the unexpired term.
5534. The board of directors may by resolution or ordinance fix the
boundaries of the wards or subdistricts for the purpose of electing
directors, after the first election creating and establishing the
district. The wards shall be established in ample time prior to each
biennial general election to permit candidates for the position of
directors to circulate nominating papers.
5534.5. Notwithstanding any provision in this article to the
contrary, the board may at any time by ordinance alter the existing
boundaries of the wards or subdistricts and create new wards or
subdistricts for the purpose of increasing the number of the board of
directors.
5535. The board of directors shall choose one of its members
president, and another vice president, who shall act for the
president during his absence or disability. The board of directors
shall either choose one of its members to serve as secretary and
another to serve as treasurer or shall employ one or more
administrative secretaries or clerks to perform the duties of
secretary or treasurer, or both. The board shall provide for the time
and place of holding its meetings, which shall be held at least once
each month. All legislative sessions of the board, whether regular
or special, shall be open to the public. A majority of the board
constitutes a quorum for the transaction of business.
5536. (a) The board shall establish rules for its proceedings.
(b) The board may provide, by ordinance or resolution, that each
of its members may receive an amount not to exceed one hundred
dollars ($100) per day for each attendance at a meeting of the board.
For purposes of this section, a meeting of the board includes, but
is not limited to, closed sessions of the board, board field trips,
district public hearings, or meetings of a committee of the board.
The maximum compensation allowable to a board member on any given day
shall be one hundred dollars ($100). Board members shall not receive
any other compensation for meetings, and no board member shall
receive more than five hundred dollars ($500) compensation under this
section in any one calendar month, except that board members of the
East Bay Regional Park District may receive compensation for not more
than 10 days in any one calendar month. A board member may elect to
waive the per diem. In addition, the board may provide, by ordinance
or resolution, that each of its members not otherwise eligible for an
employer-paid or partially employer-paid group medical or group
dental plan, or both, may participate in any of those plans available
to permanent employees of the district on the same terms available
to those district employees or on terms and conditions as the board
may determine. A board member who elects to participate in any plan
may also elect to have the premium for the plan charged against his
or her per diem and may further elect to waive the balance of the per
diem.
(c) All vacancies on the board shall be filled in accordance with
the requirements of Section 1780 of the Government Code, except that,
in the case of vacancies caused by the creation of new wards or
subdistricts, the directors shall, prior to the vacancies being
filled, determine by lot, for the purpose of fixing the terms of the
first directors to be elected to the wards or subdistricts, which
ward or subdistrict shall have a four-year term and which ward or
subdistrict shall have a two-year term. The persons who fill the
vacancies caused by the establishment of new wards or subdistricts
shall hold office until the next general election and until their
successors are elected and qualified for the terms previously
determined by lot.
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
5536.5. Members of the board of directors may be allowed actual
necessary traveling and incidental expenses incurred in the
performance of official business of the district as approved by the
district board. Reimbursement for these expenses is subject to
Sections 53232.2 and 53232.3 of the Government Code.
5537. The board of directors is the legislative body of the
district and shall determine all questions of policy.
5538. The board shall appoint a general manager, who shall be the
chief administrative officer of the district, and a controller, and
may appoint other subordinate officers, and shall fix their
compensation and duties. Such appointees shall hold office at the
pleasure of the board. They shall give such bonds and in such amounts
as the board may require. The board may consolidate any of such
offices in one person. The board may also provide for an assistant to
any officer of the district, who, when appointed by the board, may
perform any act that his principal may perform, when authorized so to
do by the board.
The board may from time to time contract for or employ any
professional services required by the district, or by the board, or
by any officers of the district.
5538.3. The officers and employees of the County of San Diego may
act, ex officio, as officers and employees of the regional district
formed pursuant to Section 5506.3 and may discharge the authority and
responsibility specified in this article. The County of San Diego
may provide the services and facilities needed to carry out the
functions of the regional district. The proceeds of assessments
levied pursuant to Section 5539.3 may be expended to reimburse the
county for the actual costs of those services and facilities.
5538.4. If a district is created and established in Napa County,
the district may contract with Napa County to furnish the services of
the officers and employees of the county to discharge the authority
and responsibility specified in this article.
5538.5. If the Board of Supervisors of the County of Marin acts as
the governing body of a district pursuant to Section 5506.5, the
respective officers of that county shall act, ex officio, as officers
and employees of the district and discharge the authority and
responsibility specified in this article.
5538.7. If a district is created and established in Riverside
County, officers and employees of the County of Riverside may act, ex
officio, as officers and employees of the district and may discharge
the authority and responsibility specified in this article.
5538.8. If a regional district is created and established in San
Bernardino County, the regional district may contract with the County
of San Bernardino to furnish its officers and employees to discharge
the authority and responsibility specified in this article.
5538.9. If the regional district is created and established in Los
Angeles County, officers and employees of the County of Los Angeles
may act, ex officio, as officers and employees of the regional
district and may discharge the authority and responsibility specified
in this article. The County of Los Angeles may provide the services
and facilities needed to carry out the functions of the regional
district. Proceeds of assessments levied pursuant to Section 5539.9
may be used to reimburse the county for the actual costs of these
services and facilities.
5538.10. The officers and employees of the County of Sacramento may
act, ex officio, as officers and employees of the regional district
formed pursuant to Section 5506.10 and may discharge the authority
and responsibility specified in this article. The County of
Sacramento may provide the services and facilities needed to carry
out the functions of the regional district. The proceeds of
assessments levied pursuant to Section 5539.10 may be expended to
reimburse the county for the actual costs of those services and
facilities.
5539. A district:
(a) Has perpetual succession.
(b) May sue and be sued, except as otherwise provided by law, in
all actions and proceedings in all courts or tribunals of competent
jurisdiction.
(c) May adopt a seal and alter it at pleasure.
5539.3. (a) (1) The Legislature hereby finds and declares that the
land acquisition, improvements, and services provided by the regional
district formed pursuant to Section 5506.3 will specifically benefit
the properties assessed and the persons paying the assessments
authorized in this section in at least the following respects:
(A) Enhanced recreational opportunities and expanded access to
recreational facilities for all residents throughout the regional
district.
(B) Improved quality of life for all communities in the regional
district by protecting, restoring, and improving the regional
district's irreplaceable park, wildlife, open-space, and beach lands.
(C) Preservation of canyons, foothills, and mountains and
development of public access to these lands throughout the regional
district.
(D) Protection of the diverse historical, cultural, and
archaeological values of the territory of the regional district.
(E) Increased economic activity and expanded employment
opportunities within the regional district.
(F) Increased property values, resulting from the benefits
specified in this subdivision.
(G) Provision of benefits to all properties within the regional
district, including positive impacts on air and water quality,
capacity of roads, transportation and other public infrastructure
systems, schools, and public utilities.
(2) The Legislature further finds and declares all of the
following:
(A) The expansion, restoration, and improvement of park,
recreational, beach, and open-space lands throughout the regional
district benefits all residents in the regional district.
(B) Protection, restoration, and improvement of the lands within
the regional district are vital to the quality of life for all
residents in the regional district.
(C) Increased park and recreational opportunities in the densely
populated and heavily urbanized areas of the regional district are
vital to the health and well-being of all residents in the regional
district, and providing those opportunities is a high priority.
(D) Portions of parcels of land that are in commercial
agricultural use do not benefit from park or open-space lands,
facilities, or services funded pursuant to this section.
(b) In addition to the authority conferred in Section 5539.5, to
the extent not inconsistent with this section, the Landscaping and
Lighting Act of 1972 (Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code), is applicable to the
regional district, except as follows:
(1) Article 2 (commencing with Section 22605) of Chapter 2 of Part
2 of Division 15 of the Streets and Highways Code does not apply.
(2) No changes shall be made pursuant to Chapter 3 (commencing
with Section 22620) of Part 2 of Divis