Section § 61000

Explanation

This law is officially named the Community Services District Law.

This division shall be known and may be cited as the Community Services District Law.

Section § 61001

Explanation

This California law section discusses the importance of Community Services Districts (CSDs) in providing local governance tailored to the diverse communities across the state. It notes the historical development of CSDs and acknowledges past complexities in the law that made it difficult for stakeholders to understand and implement. The law emphasizes the need to revise CSD statutes for clarity, adaptability, and to support local peace, health, safety, and welfare.

The law finds that CSDs can be permanent governance structures, possibly combine multiple districts, serve as alternatives to forming new cities, or act as transitional governance towards cityhood. The intent is to support these districts in providing a wide array of public facilities and encourage local agency commissions to consider merging districts for effective governance. It promotes using CSD laws to address local needs and conditions.

(a)CA Government Code § 61001(a) The Legislature finds and declares all of the following:
(1)CA Government Code § 61001(a)(1) The differences among California’s communities reflect the broad diversity of the state’s population, geography, natural resources, history, and economy.
(2)CA Government Code § 61001(a)(2) The residents and property owners in California’s diverse communities desire public facilities and services that promote the public peace, health, safety, and welfare.
(3)CA Government Code § 61001(a)(3) Responding to these communities’ desires, the Legislature enacted the Community Services District Law in 1951, and reenacted the Community Services District Law in 1955.
(4)CA Government Code § 61001(a)(4) Between 1955 and 2005, the voters in more than 300 communities have formed community services districts to achieve local governance, provide needed public facilities, and supply public services.
(5)CA Government Code § 61001(a)(5) Since then, the Legislature has amended the Community Services District Law in many ways, resulting in a statute that can be difficult for residents, property owners, and public officials to understand and administer.
(6)CA Government Code § 61001(a)(6) There is a need to revise the Community Services District Law to achieve statutory clarity and provide a framework for local governance that California’s diverse communities can adapt to their local conditions, circumstances, and resources.
(7)CA Government Code § 61001(a)(7) The enactment of this division is necessary for the public peace, health, safety, and welfare.
(b)CA Government Code § 61001(b) The Legislature finds and declares that for many communities, community services districts may be any of the following:
(1)CA Government Code § 61001(b)(1) A permanent form of governance that can provide locally adequate levels of public facilities and services.
(2)CA Government Code § 61001(b)(2) An effective form of governance for combining two or more special districts that serve overlapping or adjacent territory into a multifunction special district.
(3)CA Government Code § 61001(b)(3) A form of governance that can serve as an alternative to the incorporation of a new city.
(4)CA Government Code § 61001(b)(4) A transitional form of governance as the community approaches cityhood.
(c)CA Government Code § 61001(c) In enacting this division, it is the intent of the Legislature:
(1)CA Government Code § 61001(c)(1) To continue a broad statutory authority for a class of limited-purpose special districts to provide a wide variety of public facilities and services.
(2)CA Government Code § 61001(c)(2) To encourage local agency formation commissions to use their municipal service reviews, spheres of influence, and boundary powers, where feasible and appropriate, to combine special districts that serve overlapping or adjacent territory into multifunction community services districts.
(3)CA Government Code § 61001(c)(3) That residents, property owners, and public officials use the powers and procedures provided by the Community Services District Law to meet the diversity of the local conditions, circumstances, and resources.

Section § 61002

Explanation

This section defines key terms used in the context of community services districts in California. It explains how board members can be elected either "at large" (entire district votes) or "by divisions" (only voters in a specific division vote). It describes roles like the "general manager" and "board of directors," and clarifies concepts like "latent power" and "graffiti abatement." The section also defines what is meant by the "principal county," "voter," "zone," and other roles such as "president," "chair," and "secretary." These definitions are essential for understanding the governance and operational structure of community services districts.

Unless the context requires otherwise, as used in this division, the following terms shall have the following meanings:
(a)CA Government Code § 61002(a) “At large” means the election of members of the board of directors all of whom are elected by the voters of the entire district.
(b)CA Government Code § 61002(b) “Board of directors” means the board of directors of a district that establishes policies for the operation of the district.
(c)CA Government Code § 61002(c) “By divisions” means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division.
(d)CA Government Code § 61002(d) “District” means a community services district created pursuant to this division or any of its statutory predecessors.
(e)CA Government Code § 61002(e) “From divisions” means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district.
(f)CA Government Code § 61002(f) “General manager” means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors.
(g)CA Government Code § 61002(g) “Graffiti abatement” means the power to prevent graffiti on public or private property, receive reports of graffiti on public or private property, provide rewards not to exceed one thousand dollars ($1,000) for information leading to the arrest and conviction of persons who apply graffiti on public or private property, abate graffiti as a public nuisance pursuant to Section 731 of the Code of Civil Procedure, remove graffiti from public or private property, and use the services of persons ordered by a court to remove graffiti.
(h)CA Government Code § 61002(h) “Latent power” means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006.
(i)CA Government Code § 61002(i) “President” or “chair” means the presiding officer of the board of directors.
(j)CA Government Code § 61002(j) “Principal county” means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district.
(k)CA Government Code § 61002(k) “Secretary” means the secretary of the board of directors.
(l)CA Government Code § 61002(l) “Voter” means a voter as defined by Section 359 of the Elections Code.
(m)CA Government Code § 61002(m) “Zone” means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3.

Section § 61003

Explanation

This law provides the rules and structure for the operation of community services districts in California. It replaces and continues the function of a previous division that was first established in 1955. Any community services district or improvement district existing as of January 1, 2006, will persist under this updated law as if it were organized according to these new rules. Furthermore, any legal or administrative decisions made prior to 2006, such as debts, contracts, or regulations, are still valid even if they didn't adhere strictly to the current rules.

(a)CA Government Code § 61003(a) This division provides the authority for the organization and powers of community services districts. This division succeeds the former Division 3 (commencing with Section 61000) as added by Chapter 1746 of the Statutes of 1955, as subsequently amended, and any of its statutory predecessors.
(b)CA Government Code § 61003(b) Any community services district organized or reorganized pursuant to the former Division 3 or any of its statutory predecessors which was in existence on January 1, 2006, shall remain in existence as if it had been organized pursuant to this division.
(c)CA Government Code § 61003(c) Any improvement district of a community services district formed pursuant to the former Chapter 5 (commencing with Section 61710) of the former Part 5 or any of its statutory predecessors which was in existence on January 1, 2006, shall be deemed to be a zone as if it had been formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3.
(d)CA Government Code § 61003(d) Any zone of a community services district formed pursuant to the former Chapter 2 (commencing with Section 61770) of the former Part 6 or any of its statutory predecessors which was in existence on January 1, 2006, shall remain in existence as if it had been organized pursuant to this division.
(e)CA Government Code § 61003(e) Any indebtedness, bond, note, certificate of participation, contract, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Division 3 or any of its statutory predecessors which was taken before January 1, 2006, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this division.
(f)CA Government Code § 61003(f) Any approval or determination, including, but not limited to, terms and conditions made with respect to a district by a local agency formation commission prior to January 1, 2006, shall remain in existence.

Section § 61004

Explanation

This law section is saying that the rules in this part of the law should be interpreted in a way that best achieves their intended goals.

This division shall be liberally construed to effectuate its purposes.

Section § 61005

Explanation

This law says that if any part of it is found to be invalid or doesn't apply correctly in certain situations or to certain entities, it doesn't make the rest of the law invalid. The rest of the law can still work and be enforced without the faulty part. This concept is referred to as 'severability.'

If any provision of this division or the application of any provision of this division in any circumstance or to any person, county, city, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this division are severable.

Section § 61006

Explanation

This law explains the procedures for challenging or reviewing actions related to a district in California. If someone questions the validity of a district's organization or its financial obligations like bonds or contracts, they must follow specific procedures outlined in another part of the California legal code. Similarly, if someone wants the court to force a district or its officials to do something, there's a process for that too. Lastly, if there's a need to review an administrative decision made by a district after a hearing, a specific legal procedure applies.

(a)CA Government Code § 61006(a) Any action to determine the validity of the organization of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(b)CA Government Code § 61006(b) Any action to determine the validity of any bonds, warrants, contracts, obligations, or evidences of indebtedness of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(c)CA Government Code § 61006(c) Any judicial action to compel performance of an action by a district, its officers, or its directors shall be brought pursuant to Section 1084 of the Code of Civil Procedure.
(d)CA Government Code § 61006(d) Any judicial review of any administrative act taken after a hearing by a district shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure.

Section § 61007

Explanation

This law explains that areas, whether they are part of a city or not, and regardless of their location or boundaries, can be included in a district. The rules for changing or reorganizing a district are mainly governed by a set of laws called the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. However, if there's ever any conflict between this act and another law, this law will take priority. Lastly, most districts are considered 'independent special districts,' unless their board of directors is made up of a county board of supervisors or a city council.

(a)CA Government Code § 61007(a) Territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, whether in one or more counties, may be included in a district.
(b)CA Government Code § 61007(b) Except as provided in this part, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5, shall govern any change of organization or reorganization of a district. In the case of any conflict between that division and this division, the provisions of this division shall prevail.
(c)CA Government Code § 61007(c) A district shall be deemed an “independent special district,” as defined by Section 56044, except when a county board of supervisors or a city council is the board of directors.

Section § 61008

Explanation

This section explains the rules governing the election processes for districts in California. Districts must generally follow the Uniform District Election Law unless specified otherwise. The board of directors can decide to align their board member elections with the statewide general election date. Districts are allowed to conduct elections using all-mailed ballots, and they may also hold advisory elections to get feedback on issues affecting the district.

(a)CA Government Code § 61008(a) Except as otherwise provided in this division, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code.
(b)CA Government Code § 61008(b) A board of directors may require that the election of members to the board of directors shall be held on the same day as the statewide general election pursuant to Section 10404 of the Elections Code.
(c)CA Government Code § 61008(c) A district may conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000) of the Elections Code.
(d)CA Government Code § 61008(d) A district may hold advisory elections pursuant to Section 9603 of the Elections Code.

Section § 61009

Explanation

When a district or zone changes its boundaries, it must follow the rules outlined in Chapter 8, starting with Section 54900.

Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5.