Public Cemetery DistrictsZones

Section § 9090

Explanation

This law allows a board of trustees to create specific zones within a district to offer different services, service levels, or raise additional funds, when it's in the public interest. To start forming a new zone, the board must pass a resolution detailing the zone's boundaries, services, funding methods, formation reasons, and a proposed name or number.

A new zone can also be proposed through a petition signed by at least 10% of the local voters, which must include the same details as the board's resolution. Once a resolution is adopted or a valid petition is received, the board must schedule a public hearing. The district must give notice of the hearing 45 days in advance through newspaper publication and direct mail to property owners in the proposed zone, as well as posting notices in the area.

(a)CA Health & Safety Code § 9090(a)  Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of services, or to raise additional revenues within specific areas of the district, it may form one or more zones pursuant to this chapter.
(b)CA Health & Safety Code § 9090(b)  The board of trustees shall initiate proceedings for the formation of a new zone by adopting a resolution that does all of the following:
(1)CA Health & Safety Code § 9090(b)(1)  States that the proposal is made pursuant to this chapter.
(2)CA Health & Safety Code § 9090(b)(2)  Sets forth a description of the boundaries of the territory to be included in the zone.
(3)CA Health & Safety Code § 9090(b)(3)  States the different services, the different levels of services, or the additional revenues that the district will provide.
(4)CA Health & Safety Code § 9090(b)(4)  Sets forth the methods by which those services or level of service will be financed.
(5)CA Health & Safety Code § 9090(b)(5)  States the reasons for forming the zone.
(6)CA Health & Safety Code § 9090(b)(6)  Proposes a name or number for the zone.
(c)CA Health & Safety Code § 9090(c)  A proposal to form a new zone may also be initiated by a petition signed by not less than 10 percent of the registered voters residing within the proposed zone. The petition shall contain all of the matters required by subdivision (b).
(d)CA Health & Safety Code § 9090(d)  Upon the adoption of a resolution or the receipt of a valid petition, the board of trustees shall fix the date, time, and place for the public hearing on the formation of the zone. The district shall publish notice of the hearing, including the information required by subdivision (b), pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation in the district. The district shall mail the notice at least 45 days before the date of the hearing to all owners of property within the proposed zone. The district shall post the notice in at least three public places within the territory of the proposed zone.
board of trustees zones formation public interest services ...

Section § 9091

Explanation

In this section, it explains how the board of trustees should handle objections when forming a new zone. If more than 50% of the voters or property owners in the proposed zone file written objections, the formation process must end. If 50% or less object, the board can move forward with forming the zone.

Additionally, if forming the zone involves using taxes, fees, or bonds for funding, these must be approved by the voters or property owners. If they don’t approve, the zone can't be formed.

(a)CA Health & Safety Code § 9091(a)  At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this chapter. The board of trustees shall terminate the proceedings, if at the conclusion of the hearing, it determines either of the following:
(1)CA Health & Safety Code § 9091(a)(1)  More than 50 percent of the total number of voters residing within the proposed zone have filed and not withdrawn written objections to the formation.
(2)CA Health & Safety Code § 9091(a)(2)  Property owners who own more than 50 percent of the assessed value of all taxable property within the proposed zone have filed written and not withdrawn objections to the formation.
(b)CA Health & Safety Code § 9091(b)  If the board of trustees determines that the written objections have been filed and not withdrawn by 50 percent or less of those voters or property owners, then the board of trustees may proceed to form the zone.
(c)CA Health & Safety Code § 9091(c)  If the resolution or petition for formation of a zone proposes that the zone use special taxes, special benefit assessments, fees for property-related services, or general obligation bonds to finance its purposes, the board of trustees shall proceed according to law. If the voters or property owners do not approve those funding methods, the zone shall not be formed.
zone formation protests board of trustees hearing objections ...

Section § 9092

Explanation

This law states that a board of trustees can change the boundaries of a zone or dissolve a zone by following specific procedures outlined in other sections. Additionally, unless another specific section of the Government Code applies, a local agency formation commission doesn't have the authority to review, approve, or disapprove proposals related to forming, altering, or dissolving a zone.

(a)CA Health & Safety Code § 9092(a)  A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 9090 and 9091.
(b)CA Health & Safety Code § 9092(b)  Except as provided in Section 56886 of the Government Code, a local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the boundaries of a zone, or a proposal to dissolve a zone.
zone boundaries dissolve a zone board of trustees ...

Section § 9093

Explanation

This section allows a zone, determined and governed by its board of trustees, to provide any service or level of service within its boundaries that the overall district can provide. Similarly, a zone can use any fiscal powers, like managing budgets or funding, within its area. Additionally, any taxes, fees, or bonds meant to support projects or services in a specific zone must be collected within that zone's boundaries.

(a)CA Health & Safety Code § 9093(a)  As determined by the board of trustees and pursuant to the requirements of this part, a zone may provide any service at any level or levels within its boundaries that the district may provide.
(b)CA Health & Safety Code § 9093(b)  As determined by the board of trustees and pursuant to the requirements of this part, a zone may exercise any fiscal powers within its boundaries that the district may exercise.
(c)CA Health & Safety Code § 9093(c)  Any special taxes, special benefit assessments, fees, or general obligation bonds which are intended solely for the support of projects, services, or programs within a zone shall be levied, assessed, and charged within the boundaries of that zone.
zone services board of trustees fiscal powers ...