2005 California Public Resources Code Sections 35120-35124 CHAPTER 2. CREATION OF THE OPEN-SPACE AUTHORITY

35120.  The Santa Clara County Open-Space Authority is hereby
created on February 1, 1993.  The maximum jurisdiction of the
authority shall include all areas within the county, except those
areas of the county presently within the boundaries, including the
sphere of influence, of the midpeninsula Regional Open-Space
District.  Each city situated within the maximum jurisdictional
boundaries shall pass a resolution stating its intent to be included
within the authority's jurisdiction by January 15, 1993.  These
resolutions shall be transmitted to the board of supervisors.  Any
city which fails to pass that resolution or which formally states its
intent to not participate shall be excluded from the authority's
jurisdiction.  The creation of the authority is not subject to review
by the Santa Clara County Local Agency Formation Commission.
35121.  (a) If, after the establishment of the authority's
boundaries pursuant to Section 35120, territory within the authority
is annexed to a city which is outside the authority, that territory
may be detached from the authority pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5 of the
Government Code).
   (b) If, after the establishment of the authority's boundaries
pursuant to Section 35120, a city which is outside the authority's
jurisdiction desires to be included within the authority's
jurisdiction, the city shall adopt a resolution as provided in
Section 35120.  Following the adoption of the resolution, the
territory within the city may be annexed to the authority pursuant to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 (Division 3 (commencing with Section 56000) of Title 5 of the
Government Code).  If the authority levies a special tax or an
assessment and proposes to extend that special tax or assessment to
the territory proposed to be annexed, the annexation shall not be
complete until the authority complies with the procedures for levying
the special tax or the assessment in that territory, including
notice, hearing, and an election, in that territory, when required.
35122.  Until the election of the governing board pursuant to
Section 35123, the authority shall be governed by an interim
governing board consisting of five members as follows:
   (a) Three members appointed by the board of supervisors as
follows:
   (1) One member of the board of supervisors, whose supervisorial
district is situated in part within the boundaries of the authority.
   (2) Two members who are council members from the cities in the
jurisdiction of the authority other than the City of San Jose and who
are selected with the advice and consent of the city council of
which they are members.  The two members shall not be from the same
city and, in an effort to achieve the broadest representation within
the boundaries of the authority, shall be, where possible, from
cities which are not within the supervisorial district of the
supervisor who is a member of the governing board.
   (b) Two members appointed by the City Council of the City of San
Jose, who are members of that council.
35123.  (a) The interim governing board shall conduct the business
of the authority and shall have all powers of the governing board
until the election of the governing board.
   (b) The interim governing board shall establish five or seven
districts for the election of members of the governing board and
shall adopt procedures for the election of members of the governing
board for terms of four years.  In establishing districts, the
interim governing board shall, to the extent feasible, endeavor to
preserve within individual districts, existing communities of
interest, including, but not limited to, communities comprised of
racial, ethnic, language, and other minority populations.  The
election shall be conducted in the same manner as for elections in
the county, and shall be held concurrently with the first statewide
election following the enactment of this division.
   (c) Upon the election and qualifications of the members of the
governing board pursuant to subdivision (b), the interim governing
board is abolished.
   (d) Notwithstanding subdivision (b), the members of the governing
board elected at the first election of the authority shall meet as
soon as practicable after taking office and shall classify themselves
by lot into two classes, as nearly equal in number as possible.  The
terms of office of the class having the greater number shall be four
years and the terms of office of the class having the lesser number
shall be two years.  Thereafter, all terms shall be for four years.
   (e) Any vacancy on the governing board which occurs prior to the
expiration of a term of office shall be filled by the governing
board.  However, the governing board, by resolution, may declare its
intention to hold an election to fill a vacancy.  Any election to
fill a vacancy shall be held in the same manner as for elections in
the county.
   (f) During its tenure, the interim governing board shall have all
the powers and duties of the governing board, as provided in Chapters
3 and 4.
35124.  Each member of the governing board may receive compensation
for attending each meeting of the governing board in an amount set by
the governing board, not to exceed seventy-five dollars ($75).  The
number of meetings for which a member of the governing board may
receive compensation shall not exceed two meetings in any calendar
month.