There is a newer version of the California Code
2007 California Public Resources Code Article 3. Regional Park, Park And Open-space, And Open-space Districts
CA Codes (prc:5500-5595)
PUBLIC RESOURCES CODESECTION 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 XIIIB 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:
_______________________________________________________________
' '
' YES '
Shall the (giving the name) district 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 (0) 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 (0). Board members shall not receive
any other compensation for meetings, and no board member shall
receive more than five hundred dollars (0) 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 Division 15 of the Streets and
Highways Code or Section 5572 of this code with respect to the rate
and method of apportionment of assessments, the use of proceeds of
assessments, the use of proceeds of bonds, and the territory included
within the district, except that the governing body may correct
errors in assessments, rule on appeals of assessments against
particular parcels, and annually adjust the assessments levied
against particular parcels of real property to reflect changes in the
uses of those parcels.
(3) No changes shall be made to the rate and method of
apportionment of any assessment approved by the voters and levied
pursuant to this section.
(4) In addition to the items required by Section 22567 of the
Streets and Highways Code, the regional district's annual report
shall include all of the following:
(A) Changes in the total number of parcels assessed and changes in
the number of parcels with respect to use code.
(B) The amount of revenue expected to be received by the regional
district in the next fiscal year.
(C) The proposed allocation of funds for operation and maintenance
for the next fiscal year.
(D) The expenditure of funds in the current fiscal year.
(5) Any notice required pursuant to the Landscaping and Lighting
Act of 1972, Section 54954.6 of the Government Code, or Section 5511
shall be published pursuant to Section 6064 of the Government Code.
(6) (A) (i) The governing body shall not levy any assessment
unless a proposition authorizing the regional district to levy the
assessment is first approved by a majority of the voters voting on
the proposition. The proposition shall include the matters specified
in subdivision (c) of Section 5506.3, except for paragraph (6). The
election held pursuant to this paragraph shall satisfy the
requirement for any election that may be required under Section
22525.5 of the Streets and Highways Code.
(ii) No additional assessment shall be levied pursuant to this
section, including any assessment for time periods beyond those
specified in paragraphs (7) and (8) of subdivision (c) of Section
5506.3, unless a proposition, including the provisions specified in
paragraphs (5), (8), and (9) of subdivision (c) of Section 5506.3, is
approved by a majority of the voters in the regional district voting
on the proposition.
(B) Notwithstanding Section 5518, the County Counsel of the County
of San Diego shall prepare the language in the ballot label. The
analysis and review of the measure shall be carried out pursuant to
Section 9160 of the Elections Code.
(C) The Board of Supervisors of San Diego County may consolidate a
proposition submitted to the voters pursuant to this paragraph into
a single ballot measure with the proposition whether to form the
regional district submitted pursuant to paragraph (6) of subdivision
(c) of Section 5506.3.
(D) Notwithstanding any other provision of the Landscaping and
Lighting Act of 1972, any assessment proposed pursuant to that act
shall be deemed levied upon approval of a majority of the voters
voting on the proposition.
(7) (A) All proceeds of assessments levied or bonds issued by the
regional district shall be allocated in accordance with paragraphs
(5) and (8) of subdivision (c) of Section 5506.3.
(B) Any future expenditure plan shall include a division of funds
between expenditures for capital outlay projects and expenditures for
operation and maintenance, a list of proposed capital outlay
projects, and a description of areas proposed for acquisition. No
expenditure plan shall contain any provision that may impair the
payment of debt service on bonds or other evidence of indebtedness
previously issued pursuant to this section. Any assessment levied
pursuant to this section may include an annual amount to pay the
costs of operation and maintenance and may be collected in annual
installments.
(c) Prior to the election required by paragraph (6) of subdivision
(b), the Board of Supervisors of San Diego County may undertake
proceedings on behalf of the proposed regional district in accordance
with Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code to create an assessment district with the
same boundaries as the proposed regional district. Hearings required
pursuant to Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code may be consolidated with those
required pursuant to this article. Those proceedings shall be deemed
to be the proceedings required by Part 2 (commencing with Section
22500) of Division 15 of the Streets and Highways Code.
(d) (1) The governing body shall exempt from assessment any
uninhabited parcel that is substantially used in agriculture and any
parcel enforceably restricted as open-space land during the time that
the parcel is so used or restricted, if the governing body
determines that the parcel will not benefit from the expenditure of
the proceeds of assessments.
(2) For purposes of this subdivision, lands that are enforceably
restricted as open-space lands include, but are not limited to, lands
restricted under contract pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Part 1 of Division 1 of Title 5 of
the Government Code) and lands restricted pursuant to a conservation
easement.
(e) Notwithstanding any other provision in the acts specified in
Section 5539.5 and in subdivision (b), the net amount to be assessed
upon lands within an assessment district may be apportioned by any
formula or method that fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to
be received by each lot or parcel from the improvements.
(f) The regional district shall not levy assessments beyond the
last maturity date of any bonds issued pursuant to Section 5539.3,
nor longer than 30 years from the date on which the assessment is
first levied.
(g) The regional district shall not levy an assessment within a
city or within the unincorporated territory of the county if the city
or the county has adopted an ordinance limiting rents, and that
ordinance applies to real property other than mobilehome parks,
unless one of the following applies:
(1) Under the ordinance, the owner of the real property is
permitted to increase directly without filing requirements, the rent
rate owed by a tenant under an existing lease in an amount not less
than that tenant's proportional share of one-half of the increased
assessment applied to the real property.
(2) An amount not less than a tenant's proportional share of
one-half of the increased assessment applied to the real property is
added to an annual general adjustment to the rental rate owed by that
tenant.
5539.4. The formation of a district with boundaries coterminous
with those of Napa County 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).
5539.5. For purposes of open space, parkland acquisition, and
development, all provisions of the Improvement Act of 1911 (Division
7 (commencing with Section 5000), Streets and Highways Code), the
Improvement Bond Act of 1915 (Division 10 (commencing with Section
8500), Streets and Highways Code), and the Municipal Improvement Act
of 1913 (Division 12 (commencing with Section 10000), Streets and
Highways Code), are applicable to a district. Whenever the public
interest or convenience requires, a district may, at the discretion
of the board of directors, use any or all provisions of these acts in
order to carry out any purpose of the district.
5539.7. (a) In addition to the authority conferred in Section
5539.5, all provisions of the Landscaping and Lighting Act of 1972
(Division 15 (commencing with Section 22500) of the Streets and
Highways Code) are applicable to a district if created and
established in Riverside County.
(b) Notwithstanding any provision of the acts listed in Section
5539.5 and in this section, no assessment shall be levied on real
property in the district created and established in Riverside County
unless and until it is approved by a majority of the electors of the
district. An election called for this purpose may be consolidated
with the election for the creation and establishment of the district.
(c) The particular amount of the proposed assessment, or a range
within which the governing body may fix the amount of the assessment
and thereafter revise it during a specified period of time, shall be
specified in the measure submitted to the electors pursuant to
subdivision (b). In addition, the measure may contain a provision
obligating the district, if created and established in Riverside
County, to issue to any person paying the assessment an annual pass
or coupons entitling that person to the free use, or use on a
reduced-fee basis, of district facilities, of a value not to exceed
the amount paid by the person as an assessment.
5539.8. (a) In addition to the authority conferred in Section
5539.5, all provisions of the Landscaping and Lighting Act of 1972
(Division 15 (commencing with Section 22500) of the Streets and
Highways Code) are applicable to a regional district if created and
established in San Bernardino County. Whenever the public interest
or convenience requires, the regional district may, at the discretion
of its governing body, use any or all provisions of that act to
carry out any purpose of the regional district.
(b) Notwithstanding any provision of the acts specified in Section
5539.5 and in this section, no assessment shall be levied on real
property in a regional district created and established in San
Bernardino County unless and until it is approved by a majority of
the electors of the regional district. An election called for this
purpose may be consolidated with the election for the creation and
establishment of the regional district.
(c) The particular amount of the proposed assessment, or a range
within which the governing body may fix the amount of the assessment
and thereafter revise it during a specified period of time, and
whether zones shall be established in the regional district for the
purpose of having different assessment amounts, shall be specified in
the measure submitted to the electors pursuant to subdivision (b).
The governing body may exempt from the assessment any uninhabited
parcel substantially used in agriculture and any parcel enforceably
restricted as open-space land during the time in which the parcel is
so used or restricted. In addition, the measure shall contain a
provision obligating the regional district, if created and
established, to issue, upon the request of any person paying the
assessment, an annual pass or coupon entitling that person to the
free use, or use on a reduced fee basis, of regional district lands
and facilities, of a value not to exceed the amount of the
assessment that is allocated to regional district facilities and
lands and all phases of regional district operations and programs
conducted on regional district lands. The pass or coupon shall not
apply to special events at regional district facilities or lands and
any charges payable to a concessionaire or private person or entity
authorized to use regional district facilities or lands.
(d) The Legislature hereby finds and declares that the land
acquisition, improvements, and services provided by the regional
district, if created and established, will specially benefit the
properties assessed and the persons paying the assessments authorized
in this section in at least the following respects:
(1) Enhanced recreational opportunities and expanded access to
recreational facilities.
(2) Protection of views, scenery, wildlife, and other resource
values enjoyed by residents of the regional district.
(3) Protection of historical and cultural assets of the region.
(4) Increased economic activity and expanded employment
opportunities within the regional district.
(5) Reduced costs of local government in areas of law enforcement,
fire prevention, natural disaster response, and public health care.
(6) Enhancement of the productivity of some lands and buffering of
other lands from incompatible uses.
(7) Increased property values, resulting from the effects
specified in this subdivision.
5539.9. (a) In addition to the authority conferred in Section
5539.5, the Landscaping and Lighting Act of 1972 (Part 2 (commencing
with Section 22500) of Division 15 of the Streets and Highways Code),
except Sections 22605, 22609, and 22610 of, and Chapter 3
(commencing with Section 22620) of Part 2 of Division 15 of, the
Streets and Highways Code, is, to the extent not inconsistent with or
superseded by this section, applicable to a regional district
created and established in Los Angeles County, 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 shall not apply.
(2) No changes shall be made pursuant to Chapter 3 of Part 2 of
Division 15 of the Streets and Highways Code or Section 5572 of this
code with respect to the rate and method of apportionment of
assessments, the use of proceeds of assessments, the use of proceeds
of bonds, and the territory included within the district, except that
the governing body may correct errors in assessments, rule on
appeals of assessments against particular parcels, and annually
adjust the assessments levied against particular parcels of real
property to reflect changes in the uses of those parcels.
(3) No changes shall be made to the rate and method of
apportionment of any assessment approved by the voters and levied
pursuant to this section.
(4) Article 4 (commencing with Section 22565) of Chapter 1 of Part
2 of Division 15 of the Streets and Highways Code shall apply to a
regional district created pursuant to Section 5506.9, and, in
addition to the items listed in that article, the annual report shall
include all of the following:
(A) Changes in the total number of parcels assessed and changes in
the number of parcels with respect to use code.
(B) Amount of funds to be generated by the regional district in
the next fiscal year.
(C) The proposed allocation of funds for maintenance and servicing
for the next fiscal year.
(D) The disposition of funds generated by the regional district in
the current fiscal year. Whenever the public interest or
convenience requires, the regional district may, at the discretion of
its governing body, use any or all provisions of that act to carry
out any purpose of the regional district.
(b) For the purposes of the regional district, any notice required
to be published pursuant to the Landscaping and Lighting Act of 1972
(Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code) or pursuant to Section 5511 shall be
published pursuant to Section 6064 of the Government Code.
(c) Notwithstanding subdivision (a), the governing body of the
regional district shall not levy any assessment pursuant to the
Landscaping and Lighting Act of 1972 unless a proposition authorizing
the regional district to levy the assessments is first approved by a
majority of the voters voting on the proposition. The Board of
Supervisors of Los Angeles County may consolidate a proposition
submitted to the voters pursuant to this subdivision into a single
ballot measure with the proposal to determine whether to create and
establish a regional district pursuant to paragraph (6) of
subdivision (c) of Section 5506.9. Notwithstanding Section 5518, the
County Counsel of the County of Los Angeles shall prepare the
language in the ballot label. The proposition shall specify the
matters set forth in the resolution adopted pursuant to subdivision
(c) of Section 5506.9, except paragraph (6) thereof. Notwithstanding
any other provision in the Landscaping and Lighting Act of 1972, any
assessments proposed pursuant to that act shall be deemed levied
upon approval of a majority of the voters voting on the proposition.
(d) (1) Notwithstanding any other provisions in the Landscaping
and Lighting Act of 1972, all proceeds of assessments levied or bonds
issued by the regional district shall be allocated in accordance
with paragraphs (5) and (8) of subdivision (c) of Section 5506.9.
(2) No levy of any additional assessments pursuant to this
section, including any levy of any assessment beyond the maximum time
periods for which assessments are authorized pursuant to Section
5506.9, may be authorized unless a proposition, including the
provisions specified in paragraphs (5), (8), and (9) of subdivision
(c) of Section 5506.9, is approved by a majority of the voters in the
regional district voting on the proposition. Any future expenditure
plan shall include a division of funds between capital outlay and
maintenance and servicing, and a list of capital outlay projects and
acquisition areas. No future expenditure plan shall contain any
provision that could impair the payment of debt service on bonds or
other evidence of indebtedness previously issued pursuant to this
section. Notwithstanding any provision of the Landscaping and
Lighting Act of 1972, any assessment levied pursuant to this section
may include an annual amount to pay the costs of maintenance and
servicing of the capital outlay projects funded pursuant to Section
5506.9, and may be collected in annual installments.
(e) Prior to the election required by subdivision (c), the Board
of Supervisors of Los Angeles County may undertake proceedings on
behalf of the proposed regional district in accordance with Part 2
(commencing with Section 22500) of Division 15 of the Streets and
Highways Code to create an assessment district with the same
boundaries as the proposed regional district. Hearings required
pursuant to Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code may be consolidated with those required
pursuant to this division. Those proceedings shall be deemed to be
the proceedings required by Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code.
(f) The governing body may exempt from the assessment any
uninhabited parcel substantially used in agriculture and any parcel
enforceably restricted as open-space land during the time in which
the parcel is so used or restricted, if the governing body determines
that these parcels will not benefit from the expenditure of the
proceeds of assessments.
(g) The formation of a regional district with boundaries
coterminous with those of Los Angeles County 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).
(h) Notwithstanding any other provision in the acts specified in
Section 5539.5 and in subdivision (a), the net amount to be assessed
upon lands within an assessment district may be apportioned by any
formula or method that fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to
be received by each lot or parcel from the improvements.
(i) Analysis and review of the measure submitted to the voters
pursuant to subdivision (c) shall be carried out pursuant to Section
9160 of the Elections Code.
(j) The Legislature hereby finds and declares that the land
acquisition, improvements, and services provided by the regional
district, if created and established, will specially benefit the
properties assessed and the persons paying the assessments authorized
in this section in at least the following respects:
(1) Enhanced recreational opportunities and expanded access to
recreational facilities for all residents throughout the district.
(2) Improved quality of life for all communities in the district
by protecting, restoring, and improving the district's irreplaceable
beach, wildlife, park, and open-space land.
(3) Preservation of mountains, foothills, and canyons, and
development of public access to these lands throughout the district.
(4) Protection of historical and cultural assets of the region.
(5) Increased economic activity and expanded employment
opportunities within the regional district.
(6) Increased property values, resulting from the effects
specified in this subdivision.
(7) Provision of benefits to all properties within the county,
including positive impacts on air and water quality, capacity of
roads, transportation and other public infrastructure systems,
schools, and public utilities.
(k) The Legislature also finds and declares the following:
(1) The expansion, restoration, and improvement of park,
recreation, beach, and open-space lands throughout Los Angeles County
benefits all residents in the county.
(2) Protection, restoration, and improvement of these lands are
vital to the quality of life for all residents in Los Angeles County.
(3) Increased park and recreation opportunities in the densely
populated and heavily urbanized areas of Los Angeles County are vital
to the health and well-being of all residents in the county, and
providing these opportunities is a high priority.
(4) The protection and enhancement of the recreational
opportunities provided by Los Angeles County's beaches, shoreline,
and mountains must be included within the expenditure plan specified
in subdivision (c) of Section 5506.9 in order to provide benefits to
each resident of the county. The Legislature also finds and declares
that, consistent with Division 23 (commencing with Section 33000),
the Santa Monica Mountains Conservancy is a unique and valuable
environmental, educational, and recreational resource; that as the
last large undeveloped area within the greater Los Angeles
metropolitan region it provides essential relief from the urban
environment; and that the preservation and protection of this
resource is in the public interest; and the Legislature further finds
and declares that the acquisition of open-space lands by the
conservancy provides a necessary benefit to each and every resident
of Los Angeles County.
(5) The population of Los Angeles County continues to grow at an
increasing rate, and already is far behind other urban areas in the
state in providing adequate park, recreation, and open-space
facilities for its residents. Creation of a regional park and
open-space district with boundaries coterminous with those of Los
Angeles County is critical to help address the growing and unmet park
and recreation needs in Los Angeles County. It is therefore vital
that Los Angeles County act immediately to address these issues.
5539.10. (a)(1) The Legislature hereby finds and declares that the
land acquisition, improvements, and services provided by the regional
district formed pursuant to Section 5506.10 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 beaches, rivers and creeks, wildlife, parks,
and open-space land.
(C) Preservation of natural lands, including foothills, and rivers
and creeks, and the development of public access to those lands and
waters throughout the regional district.
(D) Protection of the historical and cultural 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, improvement, and safety 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) Maintaining, improving, and servicing, and providing security
for, park, recreational, and open-space lands and improvements is
vital to the welfare and to the property values of all residents in
the regional district.
(D) Increased park and recreational opportunities in the more
densely populated and urbanized areas of the regional district are
particularly vital to the health and well-being of residents, and
providing those opportunities is a high priority.
(E) The protection and enhancement of the recreational
opportunities provided by the rivers, beaches, foothills, parkways,
greenways, and other open-space areas in the regional district must
be included within the expenditure plan specified in paragraph (8) of
subdivision (c) of Section 5506.10 in order to provide benefits to
each resident of the county.
(F) 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, all provisions of the
Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section
22500) of Division 15 of the Streets and Highways Code) are
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 Division 15 of the Streets and
Highways Code or Section 5572 of this code with respect to the rate
and method of apportionment of assessments, the use of proceeds of
assessments, the use of proceeds of bonds, and the territory included
within the district, except that the governing body may correct
errors in assessments, rule on appeals of assessments against
particular parcels, and annually adjust the assessments levied
against particular parcels of real property to reflect changes in the
uses of those parcels.
(3) No changes shall be made to the rate and method of
apportionment of any assessment approved by the voters and levied
pursuant to this section.
(4) In addition to the items required by Section 22567 of the
Streets and Highways Code, the regional district's annual report
shall include all of the following:
(A) Changes in the total number of parcels assessed and changes in
the number of parcels with respect to use code.
(B) The amount of revenue expected to be received by the regional
district in the next fiscal year.
(C) The proposed allocation of funds for operation and maintenance
for the next fiscal year.
(D) The expenditure of funds in the current fiscal year.
(5) Any notice required pursuant to the Landscaping and Lighting
Act of 1972, Section 54954.6 of the Government Code, or Section 5511
shall be published pursuant to Section 6064 of the Government Code.
(6) (A) (i) The governing body shall not levy any assessment
unless a proposition authorizing the regional district to levy the
assessment is first approved by a majority of the voters voting on
the proposition. The proposition shall include the matters specified
in subdivision (c) of Section 5506.10, except for paragraph (6) of
that subdivision. The election held pursuant to this paragraph shall
satisfy the requirement for any election that may be required under
Section 22525.5 of the Streets and Highways Code.
(ii) No additional assessment shall be levied pursuant to this
section, including any assessment for time periods beyond those
specified in paragraphs (7) and (8) of subdivision (c) of Section
5506.10, unless a proposition, including the matters specified in
subdivision (c) of Section 5506.10, except for paragraph (6) of that
subdivision, is approved by a majority of the voters in the regional
district voting on the proposition.
(B) Notwithstanding Section 5518, the County Counsel of the County
of Sacramento shall prepare the language in the ballot label.
(C) The Board of Supervisors of Sacramento County may consolidate
a proposition submitted to the voters pursuant to this paragraph into
a single ballot measure with the proposition whether to form the
regional district submitted pursuant to paragraph (6) of subdivision
(c) of Section 5506.10.
(7) (A) All proceeds of assessments levied or bonds issued by the
regional district shall be allocated in accordance with paragraphs
(5) and (8) of subdivision (c) of Section 5506.10.
(B) Any future expenditure plan shall include a division of funds
between expenditures for capital outlay projects and expenditures for
operation and maintenance, a list of proposed capital outlay
projects, and a description of areas proposed for acquisition. No
expenditure plan shall contain any provision that may impair the
payment of debt service on bonds or other evidence of indebtedness
previously issued pursuant to this section. Any assessment levied
pursuant to this section may include an annual amount to pay the
costs of operation and maintenance and may be collected in annual
installments.
(c) Prior to the election required by paragraph (6) of subdivision
(b), the Board of Supervisors of Sacramento County may undertake
proceedings on behalf of the proposed regional district in accordance
with Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code to create an assessment district with the
same boundaries as the proposed regional district. Hearings required
pursuant to Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code may be consolidated with those
required pursuant to this article. Those proceedings shall be deemed
to be the proceedings required by Part 2 (commencing with Section
22500) of Division 15 of the Streets and Highways Code.
(d) (1) The governing body shall exempt from assessment any
uninhabited parcel that is substantially used in agriculture and any
parcel enforceably restricted as open-space land during the time that
the parcel is so used or restricted, if the governing body
determines that the parcel will not benefit from the expenditure of
the proceeds of assessments.
(2) For purposes of this subdivision, lands that are enforceably
restricted as open-space lands include, but are not limited to, lands
restricted under contract pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Part 1 of Division 1 of Title 5 of
the Government Code) and lands restricted pursuant to a conservation
easement.
(e) The net amount to be assessed upon lands within an assessment
district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by each lot or
parcel from the improvements.
(f) The regional district shall not levy assessments beyond the
last maturity date of any bonds issued pursuant to Section 5539.10
nor longer than 30 years from the date on which the assessment is
first levied.
5540. A district may take by grant, appropriation, purchase, gift,
devise, condemnation, or lease, and may hold, use, enjoy, and lease
or dispose of real and personal property of every kind, and rights in
real and personal property, within or without the district,
necessary to the full exercise of its powers.
Lands subject to the grant of an open-space easement executed and
accepted by the district in accordance with this article are
enforceably restricted within the meaning of Section 8 of Article
XIII of the California Constitution. An easement or other interest
in real property may be dedicated for park or open-space purposes, or
both, by the adoption of a resolution by the board of directors, and
any interest so dedicated may be conveyed only as provided in this
section.
A district may not validly convey any interest in any real
property actually dedicated and used for park or open-space, or both,
purposes without the consent of a majority of the voters of the
district voting at a special election called by the board and held
for that purpose. Consent need not first be obtained for a lease of
any real property for a period not exceeding 25 years; and consent
need not first be obtained for a conveyance of any real property if
the Legislature, by concurrent resolution, authorizes a conveyance
after a resolution of intention has been adopted by at least a
two-thirds vote of the board of directors of the district,
specifically describing the property to be conveyed.
5540.1. Notwithstanding Section 5540, the Midpeninsula Regional
Open Space District shall not exercise the power of eminent domain to
acquire any real property or any interest in real property in the
San Mateo County Coastal Annexation Area, as defined in the
Resolution of Application for Annexation Proceedings No. 03-20, which
was adopted by the Board of Directors of the Midpeninsula Regional
Open Space District on June 6, 2003.
5540.5. (a) Notwithstanding Section 5540, a district, with the
approval by a unanimous vote of the members of its board of
directors, may exchange real property, or an interest in real
property, dedicated and used for park or open-space purposes, or both
park and open-space purposes, for real property, or an interest in
real property, that the board of directors determines to be of equal
or greater value and is necessary to be acquired for park or
open-space purposes, or both park and open-space purposes.
(b) A district shall not in a calendar year exchange more than 10
acres of district-owned real property, or an interest in real
property, pursuant to this section for other real property, or an
interest in real property, and the real property, or interest in real
property, acquired by the district shall be adjacent to other real
property owned by the district.
(c) Notwithstanding subdivision (b), the East Bay Regional Park
District, the Midpeninsula Regional Open Space District, and the
Sonoma County Agricultural Preservation and Open Space District may
exchange up to a maximum of 40 acres, of district-owned real property
or an interest in real property in a calendar year pursuant to this
section, for other real property or an interest in real property, and
real property or an interest in real property so acquired by the
district shall be adjacent to other real property owned by the
district.
5540.6. Notwithstanding Section 5540, a district may, with the
approval by a four-fifths vote of the board of directors, convey to
another public agency any real property, or any interest in real
property, dedicated and used for park or open-space purposes, or
both, provided the public agency undertakes in a recorded written
agreement to continue to use the real property, or the interest in
the real property, for those purposes and not to convey the real
property, or the interest in the real property, without the consent
of a majority of the voters of the district at an election called and
conducted by the board pursuant to Section 5540.
5541. A district may plan, adopt, lay out, plant, develop, and
otherwise improve, extend, control, operate, and maintain a system of
public parks, playgrounds, golf courses, beaches, trails, natural
areas, ecological and open space preserves, parkways, scenic drives,
boulevards, and other facilities for public recreation, for the use
and enjoyment of all the inhabitants of the district, and it may
select, designate, and acquire land, or rights in land, within or
without the district, to be used and appropriated for such purposes.
It may cause such trails, parkways, scenic drives, and boulevards to
be opened, altered, widened, extended, graded or regraded, paved or
repaved, planted or replanted, repaired, and otherwise improved, may
conduct programs and classes in outdoor science education and
conservation education, and may do all other things necessary or
convenient to carry out the purposes of this article.
The board of directors of a district shall not interfere with
control of any of the foregoing or other public property, that are
existing, owned or controlled by a municipality or county in the
district, except with the consent of the governing body of the
municipality, or of the county if the same is in unincorporated
territory, and upon such terms as may be mutually agreed upon between
the board of directors of the district and the governing body.
5541.1. The East Bay Regional Park District may plan, adopt, lay
out, plant, develop, and otherwise improve, extend, control, operate,
and maintain vehicular recreational areas and trails for the use and
enjoyment of all the inhabitants of the district, and it may select,
designate, and acquire land, or rights in land, within or without
the district, to be used and appropriated for such purposes. The
East Bay Regional Park District may cause such vehicular recreational
areas and trails to be opened, altered, widened, extended, graded or
regraded, paved or repaved, planted or replanted, repaired, and
otherwise improved.
The Board of Directors of the East Bay Regional Park District
shall not interfere with the control of any vehicular recreational
area or trail that is existing, owned, or controlled by a
municipality or county in the district, except with the consent of
the governing body of the municipality, or of the county if the same
is in unincorporated territory, and upon such terms as may be
mutually agreed upon between the board of directors of the district
and the governing body.
5541.2. The Riverside County Regional Park and Open-Space District
may plan, acquire, preserve, protect, and otherwise improve, extend,
control, operate, and maintain open-space areas, greenbelt areas,
wildlife habitat areas, and regional parks for the use and enjoyment
of all the inhabitants of the district. The district may select,
designate, and acquire land, or rights in land, within or without the
district, to be used and appropriated for those purposes.
5541.3. The district may develop, improve, operate, and maintain
the real property conveyed pursuant to Section 5003.12 as a part of
the Midpeninsula Regional Open Space District trail system.
5542. A district may exercise the right of eminent domain to take
any property necessary or convenient to accomplish the purposes of
this article.
A district may not acquire by condemnation any of the lands,
properties, or facilities of any municipal utility district which are
appropriated to public use or are used in or are useful to the
operations of the municipal utility district or which are within the
watershed of any stream or reservoir which supplies water for
domestic use or which the directors of the municipal utility district
determine by resolution to be properties which are required for the
purposes of the municipal utility district.
5542.5. (a) Notwithstanding any other provision of law to the
contrary, and except as provided in subdivision (b), when property,
whether owned in fee or lesser title interest, leased, or operated
under a license, management agreement, or otherwise, is appropriated
or otherwise acquired for public use as a regional park or regional
open space or both operated by a district, there is a rebuttable
presumption of its having been appropriated or otherwise acquired for
the best and most necessary public use. The presumption established
by this subdivision is a presumption affecting the burden of proof.
(b) When such property is sought to be acquired for city or county
road, street, or highway purposes, and such property was dedicated
to or established for park, recreational, or open-space purposes
prior to the initiation of road, street, or highway route location
studies, an action for declaratory relief may be brought by the
district in the superior court to determine the question of which
public use is the best and most necessary public use for such
property. Such action for declaratory relief shall be filed and
served within 120 days after publication by the city or county, as
the case may be, in a newspaper of general circulation pursuant to
Section 6061 of the Government Code, and delivery of a written notice
to the district by the city or county that a proposed route or site
or an adopted route includes such property. Such action for
declaratory relief shall have preference over all other civil actions
in the matter of setting the same for hearing or trial to the end
that any such action shall be quickly heard and determined. If an
action for declaratory relief is not filed and served within such
120-day period, the right to bring such action is waived and the
provisions of subdivision (a) shall not apply. When a declaratory
relief action with respect to such property being sought for city or
county road, street, or highway purposes may not be brought pursuant
to this section, the provisions of subdivision (a) shall not apply.
5543. A district may make contracts, employ labor, and do all acts
necessary for the full exercise of its powers.
5544. A district may borrow money, incur indebtedness, and issue
bonds or other evidences of such indebtedness, but it shall not incur
any funded indebtedness except in accordance with the provisions of
section 5568 of this article.
5544.1. Notwithstanding any other provisions of this article, the
board may borrow money by the issuance of promissory notes or other
evidences of indebtedness in an amount, or of a value, not exceeding,
in the aggregate at any one time, the greater of 5 percent of the
total of the district's general fund and development fund budgets for
the year in which the loan is made, or the sum of five hundred
thousand dollars (0,000), to be used for any revenue-producing
purpose for which the district may expend funds.
A district shall not exercise the borrowing authority conferred by
this section if the district, at any time during the previous two
years, has not met the loan repayment requirements of this section
and the repayment provisions set forth in the promissory note or
other evidence of indebtedness issued for a loan entered into
pursuant to this section. A district shall not expend, in any one
year, any amount of money in excess of what it collects in property
taxes, state and federal subventions, grants, loans, fees, gifts,
bequests, or income from other sources.
Indebtedness incurred pursuant to this section shall be repaid
during a period not to exceed five years from June 30th of the fiscal
year in which it is incurred and shall bear interest at a rate not
exceeding 10 percent per annum, or the rate allowed under Section
53531 of the Government Code, if higher, payable annually or
semiannually or in part annually and in part semiannually.
Each indebtedness incurred under this section shall be authorized
by a resolution of the board unanimously adopted, shall be evidenced
by a promissory note or contract signed by the president of the board
and attested by the secretary or treasurer, and shall be sold at not
less than 95 percent of the principal amount in the manner
determined by the board at a discount which equals the underwriter's
spread. The board shall determine that the discount reflects an
underwriter's spread which is both reasonable and customary under the
prevailing market conditions. One of the two signatures may be by
facsimile reproduction.
The indebtedness authorized to be incurred by this section shall
be in addition to, and the provisions of this section shall not apply
to, any bonded indebtedness authorized by vote of the electors.
Nothing in this section limits or restricts the authority of the
district to issue promissory notes or deeds of trust in the
acquisition of real property or the exercise of its right of eminent
domain subject to the limitations in Section 5568.
Nothing in this section limits the authority of the district to
borrow pursuant to Section 5544.3.
5544.2. (a) A district may acquire all necessary and proper lands
and facilities, or any portion thereof, by means of a plan to borrow
money or by purchase on contract.
(b) The amount of indebtedness to be incurred shall not exceed an
amount equal to the anticipated property tax revenue allocations for
the next five-year period derived pursuant to Chapter 6 (commencing
with Section 95) of Part 0.5 of Division 1 of the Revenue and
Taxation Code or the anticipated tax income for the next 20-year
period derived pursuant to Section 50077 of the Government Code, or
both. All indebtedness which is incurred on or after July 1, 1982,
pursuant to this section shall be repaid during a period not to
exceed 20 years from the date on which it is incurred and shall bear
interest at a rate not exceeding 10 percent per annum, or the rate
allowed pursuant to Section 53531 of the Government Code, if higher,
payable annually or semiannually or in part annually and in part
semiannually. Notwithstanding any other provision of this section,
with respect to the East Bay Regional Park District only, all
indebtedness incurred pursuant to this section for acquisition of
lands and facilities designated in the district's master plan,
including the Chabot Ridgelands, shall be repaid during a period not
to exceed 30 years and at a rate not exceeding the rate allowed in
this section for other districts. All other acquisitions of land and
facilities by the East Bay Regional Park District not designated in
the master plan are subject to the 20-year repayment period
limitation of this section. Each indebtedness shall be authorized by
a resolution adopted by the affirmative votes of at least two-thirds
of the members of the district board, shall be evidenced by a
promissory note or contract signed by the president of the board and
attested by the secretary or treasurer, and shall be sold at not less
than 95 percent of the principal amount in the manner determined by
the board at a discount which equals the underwriter's spread. The
board shall determine that the discount reflects an underwriter's
spread which is both reasonable and customary under the prevailing
market conditions. One of the two signatures may be by facsimile
reproduction. At the time of making the general tax levy after
incurring each indebtedness and annually thereafter until the
indebtedness is paid or until there is a sum in the treasury set
apart for that purpose sufficient to meet all payments of principal
and interest on the indebtedness as they become due, a portion of the
taxes levied and collected pursuant to Section 50077 of the
Government Code, if any, shall be levied and collected and set aside
sufficient to pay the interest on the indebtedness and the part of
the principal that will become due before the proceeds of a tax
levied at the next general tax levy will be available.
(c) The indebtedness authorized to be incurred by this section
shall be in addition to, and the provisions of this section shall not
apply to, any bonded indebtedness authorized by vote of the
electors.
5544.3. The district may, pursuant to Section 5544, borrow not to
exceed one hundred thousand dollars (0,000) to cover operating
expenses between the time of formation of the district and the first
receipt of revenue under Section 5545.
5545. It may levy and collect, or cause to be levied and collected,
taxes to carry out any of its objects or purposes and to pay the
obligations of the district. Taxes levied for any one fiscal year
shall not exceed ten cents (.10) on each one hundred dollars (0)
of the assessed value of all real and personal property within the
district. Any tax provided for in this section shall be exclusive of
any tax levied to meet the bonded indebtedness of the district and
the interest thereon.
5545.1. The board may submit a proposition to the electors of the
district for an increase in the maximum rate of tax specified by
Section 5545. The election shall be called and held in the same
manner as a bond election, and approval by a majority of all votes
cast shall be required to authorize such an increase.
5545.3. In the event the board of directors proposes to submit a
special tax, as provided in Section 50077 of the Government Code, and
a bond issue for approval by the voters of the district, or a zone
or zones within the district, both the special tax and the bond issue
may be consolidated and may appear on the ballot as a single
proposition if the special tax and the bond issue are for the same
object or purpose.
5545.5. (a) In addition to the tax authorized by Section 5545, the
East Bay Regional Park District may, beginning with the fiscal year
1972-1973, levy and collect, or cause to be levied and collected, a
tax of five cents (.05) on each one hundred dollars (0) of the
assessed value of all real and personal property within the district.
The revenue from this tax shall be spent as follows:
(1) The revenue from four cents (.04) per one hundred dollars
(0) shall be spent exclusively for acquisition of new park lands.
(2) The revenue from one cent (.01) per one hundred dollars
(0) shall be spent exclusively for the development and operation
of such park lands.
(b) Beginning with the fiscal year 1974-1975, the East Bay
Regional Park District may levy and collect, or cause to be levied
and collected, an additional tax of five cents (.05) on each one
hundred dollars (0) of the assessed value of all real and personal
property within the district. This tax shall be in addition to the
tax authorized by subdivision (a) and may be levied only if, prior to
the beginning of the 1974-1975 fiscal year, the district has
prepared and adopted a master plan which identifies the district's
policies and goals with regard to the acquisition of new park lands
and lists the general type and quantity of such lands proposed to be
acquired and the estimated cost thereof. The revenue from this tax
shall be divided in the same ratio, and shall be used for the same
purposes, as the revenues from the tax authorized by subdivision (a).
(c) Beginning with the fiscal year 1982-1983, the taxes authorized
by subdivisions (a) and (b) may be levied to carry out any of the
objects or purposes of the district or to pay the obligations of the
district. If the district board finds and determines that the full
amount of the taxes authorized by subdivisions (a) and (b) will not
be needed to carry out the objects and purposes of the district, it
need not levy, or cause to be levied, the full amount of the taxes
which would otherwise be authorized by subdivisions (a) and (b).
These taxes shall be in addition to those authorized by Section 5545.
(d) Any tax imposed pursuant to this section shall be imposed by
ordinance of the district board. In the first fiscal year in which
any tax authorized by subdivision (a), (b), or (c) is imposed, the
ordinance imposing the tax shall not go into effect until 30 days
after its final passage, and, notwithstanding Section 9141 of the
Elections Code, the ordinance shall be subject to referendum pursuant
to Section 9340 of the Elections Code. If it is lawfully possible,
the district board shall consolidate the referendum election with
another regular or special election.
5545.6. Any tax imposed under Section 5545 by a district formed
pursuant to Section 5506.5 shall be used exclusively for the
acquisition of open-space, park, or recreation lands or for the
development, operation, or maintenance of open-space, park, or
recreation lands so acquired.
5546. A district may contribute money, in those amounts the board
of directors, by resolution, finds to be proper, to the State Park
and Recreation Commission or to any municipality, county, or other
public corporation, district, or agency, for the purpose of assisting
in the acquisition of lands within or outside of the district for
the purposes specified in section 5541, or for improving the lands in
the manner therein specified, when in the judgment of the board of
directors the acquisition or improvement is so located and planned as
to be of benefit to the district. A district may grant funds to a
private nonprofit entity for the purposes of this section.
5547. The board of directors shall act only by ordinance,
resolution, or a motion duly recorded in the minutes of the meeting.
The ayes and noes shall be taken upon the passage of all ordinances
or resolutions, and entered upon the journal of the proceedings of
the board.
An ordinance, resolution, or motion shall not be passed or become
effective without the affirmative votes of at least a majority of all
the members of the board.
The enacting clause of all ordinances passed by the board shall be
in these words: "Be it ordained by the Board of Directors of the
(giving the name) District."
All resolutions and ordinances shall be signed by the president of
the board and attested by the secretary, administrative secretary,
or clerk, and all ordinances shall be published once within 30 days
after adoption, in a newspaper of general circulation printed,
published, and circulated in the district.
5548. The president shall preside over all meetings of the board.
He shall sign all contracts and conveyances on behalf of the district
after they have been approved by the board, and he shall perform
such other duties as may be imposed upon him by the board.
In the absence of the president, or in the event of his inability
to act, the vice president shall perform all the powers and duties of
the president.
If both the president and vice president are absent or unable to
act, the board may select a president pro tempore, who shall perform
all the powers and duties of the president.
5549. (a) The general manager has the following administrative and
executive functions, powers, and duties. The general manager shall
do all of the following:
(1) Enforce this article and all ordinances and regulations of the
district.
(2) Appoint subordinates, clerks, and other employees, and
exercise supervision and control over all departments and offices of
the district. Those appointees shall hold employment at the pleasure
of the general manager.
(3) Attend all meetings of the board unless excused by the board.
(4) Submit to the board for adoption any measures, ordinances, and
regulations he or she deems necessary or expedient.
(5) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any violations
to the board or the police department, as appropriate.
(6) Prepare and submit the annual budget to the board, and perform
all other duties imposed by this article or by the board.
(b) (1) With the approval of the board, the general manager may
bind the district, in accordance with board policy, and without
advertising, for the payment for supplies, materials, labor, or other
valuable consideration for any purpose other than new construction
of any building, structure, or improvement in amounts not exceeding
ten thousand dollars (,000), and for the payment for supplies,
materials, or labor for new construction of any building, structure,
or improvement in amounts not exceeding twenty-five thousand dollars
(,000). All expenditures shall be reported to the board of
directors at its next regular meeting.
(2) Notwithstanding paragraph (1), with the approval of the board,
the general manager of the East Bay Regional Park District, the
general manager of the Midpeninsula Regional Open Space District, and
the general manager of the Sonoma County Agricultural Preservation
and Open Space District may bind those districts, in accordance with
board policy, and without advertising, for the payment for supplies,
materials, labor, or other valuable consideration for any purpose,
including the new construction of any building, structure, or
improvement in amounts not exceeding twenty-five thousand dollars
(,000). All expenditures shall be reported to the board of
directors at its next regular meeting.
5551. The secretary of the board, the administrative secretary, or
the clerk, as the case may be, shall countersign and affix the seal
to all contracts and conveyances on behalf of the district, shall act
as secretary to the board and keep a record of its proceedings, and
shall perform such other duties as may be imposed upon him by the
appointing authority or by this article.
5552. The controller is the custodian of the funds of the district
and shall make payments by check or by warrant drawn upon the
district's depositories for obligations that have been first approved
by a majority of the board of directors at a meeting of the board of
directors. The board of directors also may, by resolution and under
any terms and conditions which it may prescribe in the resolution,
authorize the controller to pay demands against the district, without
the prior, specific approval of the board, that are for any purpose
for which an expenditure has been previously authorized in the
district's adopted budget and which do not exceed the amount of
expenditure so authorized. Demands so paid shall be presented to the
board of directors at the next regular meeting for its review and
approval. If the funds of the district are maintained solely in the
county treasury, the county auditor shall exercise the powers
otherwise conferred by this section on the controller.
The board of directors shall by ordinance or resolution authorize
signatories for checks or warrants drawn in payment of obligations
and demands against the district. Authorized signatories shall be
selected from members of the board of directors of the district, the
general manager of the district, the administrative secretary, or any
other officers and employees which may be designated by the board.
The controller shall keep an account of all receipts and
disbursements, and shall deposit all money received by him or her in
a depository or depositories selected by the board of directors.
5552.1. Notwithstanding Section 5552, the boards of directors of
the Riverside County Regional Park and Open-Space District and the
Sonoma County Agricultural Preservation and Open Space District may,
by resolution, eliminate the requirement that demands against that
respective district which are paid without the prior, specific
approval of the board be presented to the board at the next regular
meeting for its review and approval.
5553. The controller shall install and maintain a system of
auditing and accounting, which will at all times show the financial
condition of the district, and he shall perform such other duties as
may be imposed upon him by this article, the board, or the general
manager. Payment of employee salaries and benefits and other
recurring claims may be authorized annually by the board.
5553.5. All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
5555. The directors of the district, before assuming the duties of
their office, shall take and subscribe an official oath, and file it
in the office of the board. The official oath shall be in the form
provided by law for official oaths of county officers.
5556. The board may appoint, employ, or contract for the services
of attorneys, consultants, advisers, and such other experts as they
deem necessary, and shall authorize the appointment or employment by
the general manager of such assistants, deputies, and other
appointees and employees as may be deemed necessary by the board to
carry out the purposes of this article, and the board shall determine
the duties and compensation, or basis of compensation, of all such
persons.
5557. The board shall have a suitable office in the district where
its maps, plans, documents, records, and accounts shall be kept,
subject at all reasonable times and under reasonable regulations to
public inspection.
5557.1. The board may authorize at any time the destruction or
disposition of any duplicate record, paper, or document, the original
or a permanent photographic reproduction of which is in the files of
the district.
5557.2. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
5558. (a) The board shall superintend, control, and make available
to all of the inhabitants of the district, subject to its ordinances,
rules, and regulations, all public parks, playgrounds, beaches,
parkways, scenic drives, boulevards, open spaces, and other
facilities for public recreation belonging to the district or under
its control.
The board shall regulate, restrain, and control the kind of
vehicles, and the time and conditions of travel or parking on such
public parks, playgrounds, beaches, parkways, scenic drives,
boulevards, open spaces, and other facilities for public recreation,
and it shall employ a suitable police force and shall adopt all
ordinances, rules, and regulations necessary for the administration,
government, protection, and use of the property, improvements, and
facilities belonging to the district or under its control.
The board shall, in general, do all acts necessary to the proper
execution of the powers and duties granted to, and imposed upon, it
by this article, and to manage and control the business and affairs
of the district.
(b) Notwithstanding any other provision of this section, the board
of any district organized pursuant to Sections 5506.5 and 5538.5 may
designate and employ officers and employees of the county in which
the district is located as the district police force required by this
section.
5558.1. The Board of Directors of the East Bay Regional Park
District shall superintend, control, and make available to all of the
inhabitants of the district, subject to its rules and regulations,
all vehicular recreational areas and trails belonging to the district
or under its control.
The Board of Directors of the East Bay Regional Park District
shall regulate, restrain, and control the kind of vehicles, and the
time and conditions of travel or parking on such vehicular
recreational areas and trails.
5559. The board may adopt regulations, and it shall cause the
regulations made by it to be posted upon park or other property of
the district to which they apply, and it shall cause them to be
published at least once in a newspaper published in the county or
counties within which the district is in whole or in part situated,
and such posting and publication shall be sufficient notice to all
persons.
The affidavit of the general manager or the secretary that the
district rules and regulations have been so posted and published is
prima facie evidence thereof. A copy of the rules and regulations,
attested by any member of the board or by its secretary shall be
prima facie evidence that the rules and regulations have been made by
the board as provided by law.
5560. (a) Violation of an ordinance, rule, or regulation adopted
pursuant to this article is a misdemeanor punishable by a fine not to
exceed one thousand dollars (,000) or by imprisonment in the
county jail for a period not to exceed six months, or by both that
fine and imprisonment, unless the board provides that a violation of
an ordinance, rule, or regulation is an infraction, that is
punishable by:
(1) A fine not exceeding one hundred dollars (0) for a first
violation.
(2) A fine not exceeding two hundred dollars (0) for a second
violation of the same ordinance, rule, or regulation within one year.
(3) A fine not exceeding five hundred dollars (0) for each
additional violation of the same ordinance, rule, or regulation
within one year.
(b) A superior court of a county lying wholly or in part within
the district is a proper court for trial of all prosecutions under
this article for violations of an ordinance, rule, or regulation
adopted by the board.
5560.1. In order to protect property, improvements, and facilities
of parks under its management or belonging to the district and to
preserve the peace within such parks, the district board may confer,
on uniformed park employees which it may designate, the authority to
issue citations for misdemeanor and infraction violations of state
law, city or county ordinances, or district regulations or
ordinances, when the violation is committed within a district park
and in the presence of the employee issuing the citation. The
citations shall be issued in accordance with Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code.
5560.5. (a) A district may enact in its ordinances clauses which
provide that if any person is arrested for a violation of the
ordinance, and such person is not immediately taken before a
magistrate, the arresting officer shall prepare in duplicate a
written notice to appear in court, containing the name and address of
such person, the offense charged, and the time and place where and
when such person shall appear in court.
(b) The time specified in the notice to appear must be at least
five days after such arrest.
(c) The place specified in the notice to appear shall be the court
of the magistrate before whom the person would be taken if the
requirement of taking an arrested person before a magistrate were
complied with, or shall be an officer authorized by such court to
receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person in order to secure
release must give his written promise so to appear in court by
signing the duplicate notice which shall be retained by the officer.
Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the
magistrate shall fix the amount of bail which in his judgment, in
accordance with the provisions of Section 1275 of the Penal Code,
will be reasonable and sufficient for the appearance of the defendant
and shall indorse upon the notice a statement signed by him in the
form set forth in Section 815a of the Penal Code. The defendant may,
prior to the date upon which he promised to appear in court, deposit
with the magistrate the amount of bail thus set. Thereafter, at the
time when the case is called for arraignment before the magistrate,
if the defendant shall not appear, either in person or by counsel,
the magistrate may declare the bail forfeited, and may in his
discretion order that no further proceedings shall be had in such
case.
Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.
(f) No warrant shall issue on such charge for the arrest of a
person who has given such written promise to appear in court, unless
and until he has violated such promise or has failed to deposit bail,
to appear for arraignment, trial or judgment, or to comply with the
terms and provisions of the judgment, as required by law.
5560.6. A district may enact in its ordinances clauses which
prohibit any person from willfully violating his written promise to
appear in court regardless of the disposition of the charge upon
which he was orginally arrested.
5560.7. A district may further provide in its ordinance that when a
person signs a written promise to appear at the time and place
specified in the written promise to appear and has not posted bail as
provided in Section 5560.5, the magistrate shall issue and have
delivered for execution a warrant for his arrest within 20 days after
his failure to appear as promised, or if such person promises to
appear before an officer authorized to accept bail other than a
magistrate and fails to do so on or before the date which he promised
to appear, then, within 20 days after the delivery of such written
promise to appear by the officer to a magistrate having jurisdiction
over the offense.
When such person violates his promise to appear before an officer
authorized to receive bail other than a magistrate, the officer shall
immediately deliver to the magistrate having jurisdiction over the
offense charged the written promise to appear and the complaint, if
any, filed by the arresting officer.
5560.8. A district may enact the foregoing as a separate and
distinct ordinance which shall apply to all or one or more of its
ordinances.
5561. The police appointed or employed by the board shall have,
within the district for which they are appointed or employed, all the
powers of police officers of municipal corporations except the power
of serving and executing civil process.
5561.5. The board may provide by resolution or regulation for the
care, restitution, sale, or destruction of unclaimed property in the
possession of the district. Any resolution or regulation adopted
pursuant to this section shall provide therein (1) that such
unclaimed property shall be held by the district for a period of at
least six months, (2) that thereafter such property will be sold at
public auction to the highest bidder, and (3) that notice of such
sale shall be given by the board at least five days before the time
therefor by publication once in a newspaper of general circulation
published in the district. The board may dispose of any such
property upon which no bid is made at any such sale.
5561.6. The district shall be primarily responsible for the
prevention and suppression of all fires on any lands in its
possession or control, excluding all lands of a district located
within the exterior boundaries of any municipality or other fire
protection district.
For the purposes of the prevention and suppression of fires on
such lands, the board may enter into co-operative mutual aid
agreements with the federal government, the State, any municipality,
county or district, or any person, corporation or association.
5562. The board may acquire, construct, improve, maintain, and
operate golf courses, bathhouses, boathouses, tennis courts,
gymnasiums, and other special amusements and forms of recreation, and
it may acquire, construct, or complete all buildings, structures,
waterways, lakes, equipment, and other necessary or convenient
facilities.
It may fix and collect fees for the use by the public of any
boats, bathing suits, lockers, golf courses, tennis courts, or other
special facilities, services, or equipment.
5563. If, in the opinion of the board, any land or property owned
by the district, or any interest therein, becomes unnecessary for the
purposes of the district, the board may, subject to the provisions
of Section 5540, sell such lands or property, or interest therein.
When land or property is temporarily unnecessary for park or
open-space purposes, it may be leased for other purposes for a term
not exceeding 25 years with an express provision in the lease that
should the board by ordinance determine to use the lands for park,
open-space, or other district purposes, the lease shall thereby be
terminated. The proceeds of any sale or lease of lands or property,
or any interest therein, shall be used for and applied to such
purposes of the district as the board may, by resolution, determine.
5563.5. Notwithstanding Sections 5540 and 5563, the Board of
Directors of the Midpeninsula Regional Open Space District may, and
the Board of Directors of the East Bay Regional Park District with
respect to the Alameda Creek Quarries located within the County of
Alameda may, without obtaining the consent of the voters, lease real
property for a term not exceeding 50 years. A lease entered into
pursuant to this section shall be authorized by a resolution adopted
by the affirmative votes of at least two-thirds of the members of the
board, upon making an express finding that the purpose of the lease
is for park or open-space purposes, or for an historic preservation,
recreation, or agricultural purpose which is compatible with public
use and enjoyment of the real property.
5563.7. Notwithstanding Sections 5540 and 5563, the Board of
Directors of the East Bay Regional Park District may, without
obtaining the consent of the voters, lease real property for a term
not exceeding 50 years for the San Leandro Bay Restaurant Project.
The lease entered into pursuant to this section shall be authorized
by a resolution adopted by the affirmative votes of at least
two-thirds of the members of the board and shall require the lessee
and any successor in interest to construct and maintain facilities,
which are in addition to the premises leased for restaurant
operations and which will provide for the safety and convenience of
the general public in the use and enjoyment of adjacent and nearby
property of the district.
5564. Whenever it is necessary or advisable to acquire or construct
any works, structures, or embankments, in order to protect the
property of the district from damage by flood or storm waters, the
board may acquire or construct such works, structures, or
embankments.
If the works, structures, or embankments are necessary or
advisable not only to protect the property of the district, but other
property not owned by the district as well, the board may enter into
contracts with any flood control district or other municipal or
public corporation, and may grant rights of way, for such periods of
time as it shall determine, over the property of the district to such
flood control district or other municipal or public corporation,
whereby the flood control district or other municipal or public
corporation may be permitted to construct such works, structures, or
embankments.
5565. The legal title to all property acquired by the district
under the provisions of this article shall immediately and by
operation of law vest in the district, and shall be held by the
district in trust for, and is dedicated and set apart for, the uses
and purposes set forth in this article. The board may hold, use,
acquire, manage, occupy, and possess such property, as provided in
this article.
The board may take conveyances or other assurances for all
property acquired by it under the provisions of this article in the
name of the district, to and for the uses and purposes expressed in
this article, and it may institute and maintain all actions and
proceedings, or suits at law or in equity, necessary or proper in
order to carry out the provisions of this article, or to enforce,
maintain, protect, or preserve all rights, privileges, and immunities
created by or acquired in pursuance of this article. In all courts,
actions, suits, or proceedings, the board may sue, appear, and
defend, in person or by attorneys and in the name of the district.
5566. It is the intent of the Legislature to provide a district
with authority to impose special taxes. A district may impose
special taxes pursuant to the procedures set forth in Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. In exercising that authority, a
district may establish a zone or zones and a rate of tax for each
zone, which is to be applied uniformly to all taxpayers within the
zone. All revenue from a tax levied in a zone shall be expended in
connection with land and facilities that are located in that zone,
including a reasonable amount thereof allocated for general
administrative expenses of the district.
5567. Every director and every other officer named in this article
who is, in any manner interested, directly or indirectly, in any
contract awarded, or to be awarded, by the board, or in the profits
to be derived from such a contract, is guilty of a misdemeanor, and
conviction of a person under this section shall work a forfeiture of
his office.
5568. For the purpose of acquiring, constructing, or completing any
improvement or improvements authorized by this article, or for the
purpose of acquiring any land or other property necessary or useful
therefor, the board of directors may incur an indebtedness not to
exceed 5 percent of the assessed valuation of the real and personal
property situated in the district or in any zone established pursuant
to Section 5566 for the purpose of levying a tax to pay all sums
coming due to repay the indebtedness. The district may issue bonds
for the indebtedness under and in full compliance with the provisions
of Article 1 (commencing with Section 43600) of Chapter 4 of
Division 4 of Title 4 of the Government Code. The provisions of that
chapter, as they may exist from time to time and insofar as they may
be applicable, shall govern all district bond issues, and the board
of each district is the legislative branch of the district, and
authorized to do all acts and things which may be done by the
legislative branch of cities, towns, and municipal corporations in
the incurring of indebtedness and the issuance and sale of bonds.
Taxes for the payment of the bonds shall be levied and collected
in the manner provided in this article.
The bonds issued under this section shall be signed by the
president of the board and the treasurer of the district, and
countersigned by the secretary. The coupons shall be signed by the
treasurer. If any officers whose signatures appear on the bonds or
coupons cease to be officers before the delivery of the bonds to the
purchaser, those signatures or countersignatures are, nevertheless,
valid and sufficient for all purposes, the same as if the officers
had remained in office until the delivery of the bonds.
5569. For the purpose of paying all sums coming due for principal
and interest on all bonds of the district, there shall be levied and
collected each year a tax sufficient to pay the annual interest on
such bonds and, also, that part of the principal which will become
due before the time for fixing the next general tax levy. If the
maturity of the indebtedness created by the issue of bonds is made to
begin more than one year after the date of the issuance of the
bonds, the tax shall be levied and collected each year, to pay the
interest on the indebtedness as it falls due, and, also, to
constitute a sinking fund for the payment of the principal on or
before maturity.
The taxes in this section required to be levied and collected,
shall be in addition to all other taxes levied for district purposes,
and shall be collected at the same time and in the same manner as
other district taxes are collected, and shall be used for no purpose
other than the payment of said bonds and accruing interest.
5570. On or before the second Monday in August of each year, the
county auditor of each county in which any portion of a district is
located, shall transmit to the board of directors of the district and
to the board of supervisors of each county in which the district is
located, a statement in writing showing the total value of all real
and personal property within the district and within his respective
county, which value shall be ascertained from the assessment books of
the county as equalized and corrected by the board of supervisors of
the county.
The board of directors of the district shall, on or before the
last Tuesday of August of each year, cause to be prepared and
submitted to the board of supervisors of each county in which any
portion of the district is located, a detailed statement showing
separately:
(a) The estimated amount of money that will be required for the
payment of principal and interest upon bonds and other indebtedness
of the district before the time for fixing the next general tax levy.
(b) The estimated amount of money that will be required for the
operation, maintenance, upkeep, and repair of the parks, playgrounds,
parkways, scenic drives, boulevards, and property of the district,
and to defray the expenses of administering the affairs of the
district.
5571. The board of supervisors of each county in which any part of
the district is located, shall, at the time of making the general tax
levy in each year, levy a tax upon all the real and personal
property within the district and within their respective county at a
rate sufficient to meet the proportion of taxes necessary to be
raised in the county for the purpose of paying the principal and
interest of the bonds and other indebtedness of the district and all
other requirements of the district as shown by the estimate of the
board of directors of the district. The amount of taxes to be raised
in each county shall be in the same proportion as the assessed
valuation of the taxable property in the district within the county
is to the assessed valuation of all property in the district.
Such taxes shall be assessed, levied, and collected at the same
time and in the same manner as other county taxes are assessed,
levied, and collected, and shall, when collected, be deposited with
the treasurer of the district.
5572. The boundaries of any district may be altered and new
contiguous territory annexed, incorporated, and included and made a
part of the district.
5572.1. Where the annexation of territory to a district would
otherwise be valid, except that such annexed territory was not within
the boundaries of a municipal utility district organized and
existing under Chapter 218 of the Statutes of 1921, or the Municipal
Utility District Act, such annexation shall be valid. This section
shall be applied retroactively to validate the annexation of such
territory to a district as of the date that the annexation would
otherwise have been valid.
5590. The bonds of any district issued pursuant to this article,
are legal investments for all trust funds, and for the funds of all
insurance companies, banks, both commercial and savings, and trust
companies, and for the State school funds; and whenever any money or
funds may by law be invested in bonds of cities, cities and counties,
counties, or school districts in the State of California, such money
or funds may be invested in district bonds issued in accordance with
the provisions of this article; and whenever bonds of cities, cities
and counties, counties, school districts, or municipalities may by
law be used as security for the performance of any act, district
bonds may be so used.
5591. All bonds issued under the provisions of this article shall
have the same force, value, and use as bonds issued by any
municipality in this State, and shall be free and exempt from all
taxation within this State.
5593. All matters and things necessary for the proper
administration of the affairs of districts which are not provided for
in this article shall be provided for by the board of directors of
the district.
5594. All contracts for furnishing supplies, materials, labor, or
other valuable consideration furnished the district, for maintenance
projects involving contractor services to preserve, maintain, or
repair any existing building, structure, or improvement, or for
constructing any new building, structure, or improvement, when the
expenditures will exceed the applicable amount specified in Section
5549, shall be let to the lowest responsible bidder, after notice
inviting bids, published in a newspaper in the district at least one
week before the time of receiving bids. The board of directors may
reject all bids and readvertise, or by a five-sevenths vote may elect
to purchase the materials or supplies in the open market, or to
construct the building, structure, or improvement by force account.
5595. This article shall be liberally construed to promote its
objects and to carry out its intents and purposes.
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