State Codes and Statutes

Statutes > California > Hsc > 4730-4735

HEALTH AND SAFETY CODE
SECTION 4730-4735



4730.  The governing body of a sanitation district is a board of
directors of not less than three members. The presiding officer of
the governing body of each city, the whole or part of which is
included in the sanitation district, is a member of the board. A
member of the governing body of each sanitary district, the whole or
part of which is included in the sanitation district, is a member of
the board.
   If the sanitation district includes territory which is
unincorporated and not included in a sanitary district, then the
presiding officer of the county board of supervisors is a member of
the board.
   The governing body of each city with a population of under
2,500,000, as found by the latest census, and the board of
supervisors shall each select one of its members, other than its
presiding officer, as an alternate director to act as a member of the
district board in place of the presiding officer, or in place of the
other member of the governing body of the city or county where there
are two members from the city or county on the board of directors of
the district, during such person's absence, inability, or refusal to
act.
   The presiding officer of the governing body of a city with a
population of 2,500,000 or over shall select one of the other members
of the governing body as an alternate director to act as a member of
the district board in place of the presiding officer, or in place of
the other member of the governing body of the city where there are
two members from the city on the board of directors of the district,
during such person's absence, inability, or refusal to act. The
governing body of each sanitary district represented on the board of
directors of a sanitation district shall select one of its members as
an alternate director to act as a member of the district board in
place of its regular director, or in place of the other member of the
governing body of the sanitary district where there are two members
from the sanitary district on the board of directors of the district,
during such person's absence, inability, or refusal to act.
   If the sanitation district includes unincorporated territory and
all or part of one city and no sanitary district, or unincorporated
territory and one sanitary district and no city, then the presiding
officer and one other member of the board of supervisors are members
of the board, unless the population included in the city or sanitary
district is more than half of the population of the whole sanitation
district, in which case the presiding officer of the board of
supervisors and the presiding officer and one other member of the
governing body of the city or two members of the governing body of
the sanitary district, as the case may be, constitute the board of
directors.
   If the total number of cities and sanitary districts included in
the sanitation district in whole or in part is two and if the
sanitation district does not include any territory not in cities or
sanitary districts, then the district board includes the presiding
officer and one other member of the governing body of the city or two
members of the governing body of the sanitary district having the
greatest population and the presiding officer of the governing body
of the city or one member of the governing body of the sanitary
district having the least population.
   If the total number of cities and of sanitary districts wholly or
in part within the sanitation district is two or more, and if, in
addition, the district contains unincorporated territory, then the
district board includes the presiding officer of the board of
supervisors, the presiding officer of the governing board of each
city, and a member of the governing board of each sanitary district.
   If the district includes no territory which is in cities or
sanitary districts, then the county board of supervisors is the board
of directors of the district.
   If the territory of the district lies wholly within a city, the
legislative body of said city is the board of directors of the
district.
   A city within a sanitation district, the sewered portion of which
city lies entirely within a sanitary district, shall have no
representation on the board.
   Notwithstanding the foregoing provisions of this section, whenever
a sanitation district includes unincorporated territory and all or
part of one city and no sanitary district, the governing body of such
city may designate the board of supervisors of the county as the
district board of directors, unless the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district. If the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district, the board of supervisors of the
county may designate the governing body of the city as the district
board of directors.
   The term "sanitary district" as used in this section shall mean a
sanitary district formed prior to the formation of the sanitation
district in which it is included in whole or in part. The term
"sanitary district" as used in this section shall also include a
county water district which on or before July 1, 1977, assumed the
responsibilities, rights, duties, assets, liabilities, and
obligations of a sanitary district which at the time of such
assumption had representation on the board of directors of the
sanitation district by the provisions of this section.



4730.1.  (a) Notwithstanding the provisions of Section 4730, the
resolution of intention to form the district and the order of
formation of the district may provide that the governing body of the
sanitation district shall be constituted in accordance with this
subdivision or subdivision (b) or (c).
   (1) If the district includes no territory which is within a city,
other sanitation district, or public agency, the county board of
supervisors is the board of directors.
   (2) If the district includes territory which is within a city,
other sanitation district, or public agency, the board of directors
shall be composed of the presiding officer of the governing body of
each city, other sanitation district, and public agency and the
chairman of the county board of supervisors. If the chairman of the
county board of supervisors and the presiding officer of the
governing body of each city, sanitation district, and public agency
constitute an even number, a member of the county board of
supervisors appointed by the board of supervisors or, in the
alternate as determined by the board of directors, a resident of the
district elected by the registered voters of the district for a
four-year term, shall be a member of the board of directors of the
district.
   (3) The governing body of each county, city, sanitation district,
and public agency having a representative on the board of directors
may designate one of its members to act in the place of its regular
member in his or her absence or his or her inability or refusal to
act.
   (4) The governing body of any city, sanitation district, or other
public agency may designate a member of the county board of
supervisors to serve as its representative member on the board of
directors of the district in the place of the presiding officer of
its governing body; in that case, the supervisor shall have one vote
for each city, sanitation district, and public agency represented by
him or her.
   (b) (1) The board of directors may be composed of directors who
are residents of the district elected by the registered voters of the
district for four-year terms.
   (2) The number of directors on an elected board shall be
determined, subject to the requirements of Section 4730 and
subdivision (c), by the board of directors of the district, if any,
in existence prior to the election.
   (c) (1) In the Arvin Sanitation District in Kern County only, if
no board of directors is in existence prior to the election, the
county board of supervisors shall determine, subject to the
requirements of Section 4730 and subdivision (d), the number of
directors on an elected board.
   (2) The district shall reimburse the county for any reasonable
costs incurred by it for the conduct of elections required by this
subdivision.
   (d) The governing body of a sanitation district is a board of
directors composed of an odd number of not less than three members.
   (e) "Public agency" as used in this section means any sanitary
district, public utility district, resort district, county water
district, municipal water district, sewer maintenance district, or
county maintenance district, engaged in the collection,
transportation, treatment, or disposal of sewage or any other public
agency empowered to, and engaged in, the collection, transportation,
treatment, or disposal of sewage.



4730.2.  A sanitation district heretofore or hereafter established
may elect to be governed by a board of directors constituted as set
forth in Section 4730.1 by complying with the provisions of this
section.
   The board of directors of the district may adopt a resolution of
intention to establish a governing body in accordance with Section
4730.1. The resolution shall contain:
    1. A statement of intention to establish a board of directors
composed of representatives as set forth in Section 4730.1 of the
Health and Safety Code.
    2. The time and place where objections to the proposal will be
heard.
   The time fixed for hearing said objections shall be not less than
30 days after the adoption of the resolution. The resolution of
intention shall be published at length twice in at least one
newspaper of general circulation in the district. At the time
provided in the resolution of intention for the hearing, or at any
time to which the hearing is continued, the district board shall hear
any objections to the proposal. At the conclusion of the hearing,
the board of directors may order that the governing body of the
district be constituted as set forth in Section 4730.1. A copy of
said order shall be furnished to the board of supervisors and to the
governing body of each city, sanitation district and public district
to be represented on the new board of directors.



4730.4.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single county sanitation 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.



4730.5.  (a) Notwithstanding the provisions of Sections 4730,
4730.1, and 4730.2, or any other provision of law, the governing body
of the Monterey Regional County Sanitation District shall be
constituted in accordance with this section.
   The governing body of the Monterey Regional County Sanitation
District shall be a board of directors composed of not less than
three members. The district board shall be appointed as follows:
   When territory of the district is within a city or other
sanitation district or public agency, as defined in Section 4730.1,
the governing body of each such city, other sanitation district, and
public agency shall appoint one member to represent such city, other
sanitation district, or public agency. When territory of the district
is within unincorporated territory which is not also included in
such other sanitation district or public agency, the county board of
supervisors shall appoint one member to represent such unincorporated
territory. In the event that the selection of members pursuant to
this subdivision results in the governing body having less than three
members, the county board of supervisors shall appoint additional
members for purposes of increasing the number of board members to
three.
   The governing body of the county and each city, sanitation
district, and public agency having a representative on the district
board of directors may designate one alternate representative to act
in the place of such body's regular member in such person's absence,
inability to act, or refusal to act.
   The regular member and alternate member on the district board
shall be either an elected official, officer, or employee of the
county, city, other sanitation district, or public agency, and shall
serve solely at the pleasure of the appointing county, city, other
sanitation district, or public agency.
   All vacancies shall be filled in the same manner as the original
appointment.
   (b) Notwithstanding any other provision of law, each member of the
Board of Directors of the Monterey Regional County Sanitation
District shall have one vote; provided, however, that upon the call
and request of any board member, present and able to vote, a weighted
voting formula shall apply for any vote to be taken by the district
board, with each member having one or more votes based upon the
population of the city, other sanitation district, public agency, or
unincorporated territory such member represents, as follows:

                                           No. of
  Population                               Votes
  0 to  9,999 .........................      1
  10,000 to 24,999 ....................      2
  25,000 to 49,999 ....................      3
  50,000 to 74,999 ....................      4
  75,000 to 99,999 ....................      5
  100,000 and above ...................      6

   For the purpose of determining the population of a city, other
sanitation district, public agency, or unincorporated territory, the
distict board shall consider the last official United States census
or the California Finance Department population estimate, whichever
is more recent for a particular area.
   In determining such population basis, those portions of the
population of a city, other sanitation district, public agency, or
unincorporated territory which are attributable to and located on the
U.S. Army Military Reservation at Fort Ord, California, shall not be
included within the population computation of such city, other
sanitation district, public agency, or unincorporated territory.
   No vote may be taken at any meeting of the Monterey Regional
County Sanitation District unless a quorum of the members of such
district board is in attendance. A quorum for purposes of this
subdivision is a majority of all district board members.
   (c) The governing board of the Monterey Regional County Sanitation
District may designate any depository or depositories for the
custody of any or all revenue collected or received for operation and
maintenance purposes pursuant to Article 2 (commencing with Section
53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code. All other district revenue, including any moneys
collected or received for the payment of principal and interest upon
district bonds or any moneys designated for capital outlay
expenditure, shall be paid into the treasury of the county to the
credit of the district. A depository shall give security sufficient
to secure the district against possible loss and shall pay the
warrants drawn by the district for demands against the district under
such rules as the governing board may prescribe.



4730.6.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or
any other provision of law, the governing board of the Ventura
Regional Sanitation District shall be a board of directors appointed
in accordance with this section. Unless the context otherwise
indicates, as used in this section, "district" means the Ventura
Regional Sanitation District.
   (b) The legislative body of each city located wholly or partially
within the district's boundaries shall designate one of its members
to be a member of the district's board of directors. Each legislative
body may designate one of its members as an alternate to act in the
place of its regular member in the case of the absence or
disqualification of the regular member. An alternate member shall
have the full voting rights of the regular member.
   (c) The special district committee, which shall consist of the
presiding officers of all special districts that have a governing
board separately elected, in whole or in part, from any board of
supervisors or city council, and would be entitled to representation
on the Ventura Regional Sanitation District Board of Directors under
Section 4730.1, if that section were applicable to the Ventura
Regional Sanitation District, shall designate one separately elected
member of a board of directors of a special district represented on
the committee to be a member of the district's board of directors.
The special district committee may designate one separately elected
member as an alternate to act in the place of the regular member in
the case of the absence or disqualification of the regular member. An
alternate member shall have the full voting rights of the regular
member.
   (d) Each member of the district's board of directors shall have
one vote.
   (e) No action shall be taken at any meeting of the district's
board of directors unless a majority of all authorized members of the
board of directors is in attendance.
   (f) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.65.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, or
any other provision of law, a sanitation district in Orange County,
that has been created by the consolidation, 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), of one or more sanitation districts, originally
established pursuant to Section 4730, and one or more sanitation
districts, originally established pursuant to Section 4730.1, shall
be referred to, for purposes of this section only, as a consolidated
sanitation district and the governing body shall be constituted in
accordance with subdivision (b).
   (b) The governing body of the consolidated sanitation district
shall be a board of directors composed of all of the following:
   (1) One member of the city council of each city located wholly or
partially within the district's boundaries provided, however, a city
within the consolidated district, the sewered portion of which city
lies entirely within another sanitary district, shall have no
representation on the board.
   (2) One member of the county board of supervisors.
   (3) One member of the governing body of each sanitary district,
the whole or part of which is included in the consolidated sanitation
district.
   (4) One member of the governing body of a public agency empowered
to and engaged in the collection, transportation, treatment, or
disposal of sewage and which was a member agency of a sanitation
district consolidated into a consolidated sanitation district.
   (c) The governing body of the county and each city, sanitary
district, and public agency that is a member agency having a
representative on the board of directors of the consolidated
sanitation district, may designate one of its members to act in the
place of its regular member in his or her absence or his or her
inability to act.
   (d) No action shall be taken at any meeting of the consolidated
district's board of directors unless a majority of all authorized
members of the board of directors is in attendance.
   (e) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.66.  (a) This section applies only to the consolidated
sanitation district in Orange County described in Section 4730.65.
The powers granted in this section supplement the existing powers of
the district.
   (b) The district may acquire, construct, operate, maintain, and
furnish facilities for all or any of the following purposes:
   (1) The diversion of urban runoff from drainage courses within the
district.
   (2) The treatment of the urban runoff.
   (3) The return of the water to the drainage courses.
   (4) The beneficial use of the water.
   (c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable.
   (d) Nothing in this section affects any obligation of the district
to obtain a permit that may be required by law for the activities
undertaken pursuant to this section.


4730.7.  The governing board of the Delta Diablo Sanitation District
may designate any depository or depositories pursuant to Article 2
(commencing with Section 53630) of Chapter 4 of Part 1 of Division 2
of Title 5 of the Government Code for the custody of any or all
revenue collected or received for operation and maintenance purposes.
All moneys deposited with a designated depository or depositories
shall be invested in checking accounts, savings accounts,
certificates of deposit, or other insured accounts. All other
district revenue, including any moneys collected or received for the
payment of principal and interest on district bonds, other
indebtedness, or certificates of participation, and any moneys
designated for capital outlay expenditure shall be paid into the
county treasury to the credit of the district. Every designated
depository shall give security sufficient to secure the district
against possible loss and shall pay the warrants or checks drawn by
the district for demands against the district under any rules as the
governing board may prescribe.



4730.8.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other provision of law, the governing board of a sanitation
district in the County of Riverside that includes no territory within
a city shall be the county board of supervisors.
   (b) The sanitation district may include all or a part of the
territory of one or more previously existing sanitary districts that
lie within the unincorporated territory of the county.
   (c) If the sanitation district includes any part of a sanitary
district, the sanitation district shall not perform any of the
functions of the sanitary district within the boundaries of the
sanitary district if the sanitary district has performed that
function within the 10 years immediately preceding January 1, 1994.
   (d) The sanitation district may handle, treat, and manage solid
waste, as defined pursuant to the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), in the same manner as the County of
Riverside is authorized pursuant to that act.



4730.9.  The governing board of the Napa Sanitation District shall
be a board of directors constituted in accordance with this article,
except that the board shall additionally include both of the
following:
   (a) One public member appointed by the Napa City Council.
   (b) One public member appointed by the Napa County Board of
Supervisors.



4730.10.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other law, beginning on January 1, 1996, the governing body of
the South San Luis Obispo County Sanitation District shall be
constituted as set forth in this article, except that a member of the
San Luis Obispo County Board of Supervisors may not serve as a
member of the governing body unless, in the absence of that
supervisor, there would otherwise be an even number of members of the
governing body.
   (b) This section applies only to members appointed to the South
San Luis Obispo County Sanitation District on or after January 1,
1996.


4730.11.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Area Sewer District, formerly
known as the Sacramento County Sanitation District No. 1, shall be a
board of directors composed of not less than five members.
   (b) If the district includes no territory that is within a city,
the Sacramento County Board of Supervisors shall be the board of
directors of the district. If the district includes territory that is
within a city, the board of directors shall be composed of the
Sacramento County Board of Supervisors and a member of the governing
body of each included city, appointed by that city's governing body.
   (c) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of its appointed member.
   (d) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.



4730.12.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Regional County Sanitation
District shall be a board of directors composed of all of the
following:
   (1) The Sacramento County Board of Supervisors.
   (2) A member or members of the governing body of each city
included in the district, appointed by the governing body of each of
those cities.
   (3) That member of the Yolo County Board of Supervisors whose
supervisorial district includes all, or the greater portion of, the
population of the City of West Sacramento.
   (b) The governing body of each city located within the district
shall appoint a member or members to the board of directors based on
that city's population, as follows:

                                     Number of
  City Population                  Board Members
  0 to 150,000................           1
  150,001 to 250,000..........           2
  250,001 to 350,000..........           3
  350,001 to 450,000..........           4
  450,001 to 550,000..........           5
  550,001 to 650,000..........           6
  650,001 to 750,000..........           7
  750,001 and above...........           8

   (c) For the purpose of determining the population of a city, the
governing body of each city shall rely on the most recent decennial
United States Census or the latest population estimate by the
Department of Finance, whichever is more recent.
   (d) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of each appointed member. The
Yolo County Board of Supervisors may appoint one of its members to
serve as an alternate to act in the absence, inability, or refusal to
act, of its member.
   (e) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.




4731.  If additional territory is annexed to the district as well as
whenever any change takes place in the character of the territory,
by the incorporation of a city or otherwise, resulting in a condition
which makes it necessary for a change to be made in the membership
of the district board, the change in the membership of the district
board takes place and becomes effective immediately.



4732.  The county auditor of the county in which the district is
formed is ex officio the auditor of the district.



4733.  (a) The district board may fix the amount of compensation per
meeting to be paid each member of the board for services for each
meeting attended by the member. Subject to subdivision (b), the
compensation shall not exceed one hundred dollars ($100) for each
meeting of the district board attended by the member or for each day'
s service rendered as a member by request of the board, not exceeding
a total of six days in any calendar month, together with any
expenses incident thereto.
   (b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by the district board members
above the amount of one hundred dollars ($100) per day.
   (c) 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.
   (d) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.



4733.5.  Where two or more county sanitation districts have joined
in the purchase, ownership, use, construction, maintenance, or
operation of a sewerage system, or sewage disposal or treatment
plant, or refuse transfer or disposal system, or both, either within
or without the districts, or have so joined for any combination of
these purposes, as provided in Section 4742, and the districts hold
their meetings jointly, and one or more of the directors serve as a
director on more than one of these districts meeting jointly, the
districts may, by joint resolution approved by each district, limit
the compensation of a director to compensation equal to not more than
fifty dollars ($50) for each jointly held meeting attended by him or
her, not to exceed one hundred dollars ($100) in any one month for
attendance at jointly held meetings. 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.


4734.  Where two or more county sanitation districts have joined in
the purchase, ownership, use, construction, maintenance, or operation
of a sewerage system or sewage disposal or treatment plant or a
refuse transfer or disposal system, or both, either within or without
the districts, or have so joined for any combination of these
purposes, as provided in Section 4742, and the districts hold their
meetings jointly and such meetings are presided over by a director of
one of the districts acting as joint chairman for and on behalf of
the joint organization, each district so participating may pay the
joint chairman the same compensation as a director of such district
is paid.


4735.  If the withdrawal of the city results in less than three
members remaining on the district board, the vacancy shall be filled
in accordance with the provisions of this chapter for changes in the
membership of the district board.

State Codes and Statutes

Statutes > California > Hsc > 4730-4735

HEALTH AND SAFETY CODE
SECTION 4730-4735



4730.  The governing body of a sanitation district is a board of
directors of not less than three members. The presiding officer of
the governing body of each city, the whole or part of which is
included in the sanitation district, is a member of the board. A
member of the governing body of each sanitary district, the whole or
part of which is included in the sanitation district, is a member of
the board.
   If the sanitation district includes territory which is
unincorporated and not included in a sanitary district, then the
presiding officer of the county board of supervisors is a member of
the board.
   The governing body of each city with a population of under
2,500,000, as found by the latest census, and the board of
supervisors shall each select one of its members, other than its
presiding officer, as an alternate director to act as a member of the
district board in place of the presiding officer, or in place of the
other member of the governing body of the city or county where there
are two members from the city or county on the board of directors of
the district, during such person's absence, inability, or refusal to
act.
   The presiding officer of the governing body of a city with a
population of 2,500,000 or over shall select one of the other members
of the governing body as an alternate director to act as a member of
the district board in place of the presiding officer, or in place of
the other member of the governing body of the city where there are
two members from the city on the board of directors of the district,
during such person's absence, inability, or refusal to act. The
governing body of each sanitary district represented on the board of
directors of a sanitation district shall select one of its members as
an alternate director to act as a member of the district board in
place of its regular director, or in place of the other member of the
governing body of the sanitary district where there are two members
from the sanitary district on the board of directors of the district,
during such person's absence, inability, or refusal to act.
   If the sanitation district includes unincorporated territory and
all or part of one city and no sanitary district, or unincorporated
territory and one sanitary district and no city, then the presiding
officer and one other member of the board of supervisors are members
of the board, unless the population included in the city or sanitary
district is more than half of the population of the whole sanitation
district, in which case the presiding officer of the board of
supervisors and the presiding officer and one other member of the
governing body of the city or two members of the governing body of
the sanitary district, as the case may be, constitute the board of
directors.
   If the total number of cities and sanitary districts included in
the sanitation district in whole or in part is two and if the
sanitation district does not include any territory not in cities or
sanitary districts, then the district board includes the presiding
officer and one other member of the governing body of the city or two
members of the governing body of the sanitary district having the
greatest population and the presiding officer of the governing body
of the city or one member of the governing body of the sanitary
district having the least population.
   If the total number of cities and of sanitary districts wholly or
in part within the sanitation district is two or more, and if, in
addition, the district contains unincorporated territory, then the
district board includes the presiding officer of the board of
supervisors, the presiding officer of the governing board of each
city, and a member of the governing board of each sanitary district.
   If the district includes no territory which is in cities or
sanitary districts, then the county board of supervisors is the board
of directors of the district.
   If the territory of the district lies wholly within a city, the
legislative body of said city is the board of directors of the
district.
   A city within a sanitation district, the sewered portion of which
city lies entirely within a sanitary district, shall have no
representation on the board.
   Notwithstanding the foregoing provisions of this section, whenever
a sanitation district includes unincorporated territory and all or
part of one city and no sanitary district, the governing body of such
city may designate the board of supervisors of the county as the
district board of directors, unless the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district. If the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district, the board of supervisors of the
county may designate the governing body of the city as the district
board of directors.
   The term "sanitary district" as used in this section shall mean a
sanitary district formed prior to the formation of the sanitation
district in which it is included in whole or in part. The term
"sanitary district" as used in this section shall also include a
county water district which on or before July 1, 1977, assumed the
responsibilities, rights, duties, assets, liabilities, and
obligations of a sanitary district which at the time of such
assumption had representation on the board of directors of the
sanitation district by the provisions of this section.



4730.1.  (a) Notwithstanding the provisions of Section 4730, the
resolution of intention to form the district and the order of
formation of the district may provide that the governing body of the
sanitation district shall be constituted in accordance with this
subdivision or subdivision (b) or (c).
   (1) If the district includes no territory which is within a city,
other sanitation district, or public agency, the county board of
supervisors is the board of directors.
   (2) If the district includes territory which is within a city,
other sanitation district, or public agency, the board of directors
shall be composed of the presiding officer of the governing body of
each city, other sanitation district, and public agency and the
chairman of the county board of supervisors. If the chairman of the
county board of supervisors and the presiding officer of the
governing body of each city, sanitation district, and public agency
constitute an even number, a member of the county board of
supervisors appointed by the board of supervisors or, in the
alternate as determined by the board of directors, a resident of the
district elected by the registered voters of the district for a
four-year term, shall be a member of the board of directors of the
district.
   (3) The governing body of each county, city, sanitation district,
and public agency having a representative on the board of directors
may designate one of its members to act in the place of its regular
member in his or her absence or his or her inability or refusal to
act.
   (4) The governing body of any city, sanitation district, or other
public agency may designate a member of the county board of
supervisors to serve as its representative member on the board of
directors of the district in the place of the presiding officer of
its governing body; in that case, the supervisor shall have one vote
for each city, sanitation district, and public agency represented by
him or her.
   (b) (1) The board of directors may be composed of directors who
are residents of the district elected by the registered voters of the
district for four-year terms.
   (2) The number of directors on an elected board shall be
determined, subject to the requirements of Section 4730 and
subdivision (c), by the board of directors of the district, if any,
in existence prior to the election.
   (c) (1) In the Arvin Sanitation District in Kern County only, if
no board of directors is in existence prior to the election, the
county board of supervisors shall determine, subject to the
requirements of Section 4730 and subdivision (d), the number of
directors on an elected board.
   (2) The district shall reimburse the county for any reasonable
costs incurred by it for the conduct of elections required by this
subdivision.
   (d) The governing body of a sanitation district is a board of
directors composed of an odd number of not less than three members.
   (e) "Public agency" as used in this section means any sanitary
district, public utility district, resort district, county water
district, municipal water district, sewer maintenance district, or
county maintenance district, engaged in the collection,
transportation, treatment, or disposal of sewage or any other public
agency empowered to, and engaged in, the collection, transportation,
treatment, or disposal of sewage.



4730.2.  A sanitation district heretofore or hereafter established
may elect to be governed by a board of directors constituted as set
forth in Section 4730.1 by complying with the provisions of this
section.
   The board of directors of the district may adopt a resolution of
intention to establish a governing body in accordance with Section
4730.1. The resolution shall contain:
    1. A statement of intention to establish a board of directors
composed of representatives as set forth in Section 4730.1 of the
Health and Safety Code.
    2. The time and place where objections to the proposal will be
heard.
   The time fixed for hearing said objections shall be not less than
30 days after the adoption of the resolution. The resolution of
intention shall be published at length twice in at least one
newspaper of general circulation in the district. At the time
provided in the resolution of intention for the hearing, or at any
time to which the hearing is continued, the district board shall hear
any objections to the proposal. At the conclusion of the hearing,
the board of directors may order that the governing body of the
district be constituted as set forth in Section 4730.1. A copy of
said order shall be furnished to the board of supervisors and to the
governing body of each city, sanitation district and public district
to be represented on the new board of directors.



4730.4.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single county sanitation 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.



4730.5.  (a) Notwithstanding the provisions of Sections 4730,
4730.1, and 4730.2, or any other provision of law, the governing body
of the Monterey Regional County Sanitation District shall be
constituted in accordance with this section.
   The governing body of the Monterey Regional County Sanitation
District shall be a board of directors composed of not less than
three members. The district board shall be appointed as follows:
   When territory of the district is within a city or other
sanitation district or public agency, as defined in Section 4730.1,
the governing body of each such city, other sanitation district, and
public agency shall appoint one member to represent such city, other
sanitation district, or public agency. When territory of the district
is within unincorporated territory which is not also included in
such other sanitation district or public agency, the county board of
supervisors shall appoint one member to represent such unincorporated
territory. In the event that the selection of members pursuant to
this subdivision results in the governing body having less than three
members, the county board of supervisors shall appoint additional
members for purposes of increasing the number of board members to
three.
   The governing body of the county and each city, sanitation
district, and public agency having a representative on the district
board of directors may designate one alternate representative to act
in the place of such body's regular member in such person's absence,
inability to act, or refusal to act.
   The regular member and alternate member on the district board
shall be either an elected official, officer, or employee of the
county, city, other sanitation district, or public agency, and shall
serve solely at the pleasure of the appointing county, city, other
sanitation district, or public agency.
   All vacancies shall be filled in the same manner as the original
appointment.
   (b) Notwithstanding any other provision of law, each member of the
Board of Directors of the Monterey Regional County Sanitation
District shall have one vote; provided, however, that upon the call
and request of any board member, present and able to vote, a weighted
voting formula shall apply for any vote to be taken by the district
board, with each member having one or more votes based upon the
population of the city, other sanitation district, public agency, or
unincorporated territory such member represents, as follows:

                                           No. of
  Population                               Votes
  0 to  9,999 .........................      1
  10,000 to 24,999 ....................      2
  25,000 to 49,999 ....................      3
  50,000 to 74,999 ....................      4
  75,000 to 99,999 ....................      5
  100,000 and above ...................      6

   For the purpose of determining the population of a city, other
sanitation district, public agency, or unincorporated territory, the
distict board shall consider the last official United States census
or the California Finance Department population estimate, whichever
is more recent for a particular area.
   In determining such population basis, those portions of the
population of a city, other sanitation district, public agency, or
unincorporated territory which are attributable to and located on the
U.S. Army Military Reservation at Fort Ord, California, shall not be
included within the population computation of such city, other
sanitation district, public agency, or unincorporated territory.
   No vote may be taken at any meeting of the Monterey Regional
County Sanitation District unless a quorum of the members of such
district board is in attendance. A quorum for purposes of this
subdivision is a majority of all district board members.
   (c) The governing board of the Monterey Regional County Sanitation
District may designate any depository or depositories for the
custody of any or all revenue collected or received for operation and
maintenance purposes pursuant to Article 2 (commencing with Section
53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code. All other district revenue, including any moneys
collected or received for the payment of principal and interest upon
district bonds or any moneys designated for capital outlay
expenditure, shall be paid into the treasury of the county to the
credit of the district. A depository shall give security sufficient
to secure the district against possible loss and shall pay the
warrants drawn by the district for demands against the district under
such rules as the governing board may prescribe.



4730.6.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or
any other provision of law, the governing board of the Ventura
Regional Sanitation District shall be a board of directors appointed
in accordance with this section. Unless the context otherwise
indicates, as used in this section, "district" means the Ventura
Regional Sanitation District.
   (b) The legislative body of each city located wholly or partially
within the district's boundaries shall designate one of its members
to be a member of the district's board of directors. Each legislative
body may designate one of its members as an alternate to act in the
place of its regular member in the case of the absence or
disqualification of the regular member. An alternate member shall
have the full voting rights of the regular member.
   (c) The special district committee, which shall consist of the
presiding officers of all special districts that have a governing
board separately elected, in whole or in part, from any board of
supervisors or city council, and would be entitled to representation
on the Ventura Regional Sanitation District Board of Directors under
Section 4730.1, if that section were applicable to the Ventura
Regional Sanitation District, shall designate one separately elected
member of a board of directors of a special district represented on
the committee to be a member of the district's board of directors.
The special district committee may designate one separately elected
member as an alternate to act in the place of the regular member in
the case of the absence or disqualification of the regular member. An
alternate member shall have the full voting rights of the regular
member.
   (d) Each member of the district's board of directors shall have
one vote.
   (e) No action shall be taken at any meeting of the district's
board of directors unless a majority of all authorized members of the
board of directors is in attendance.
   (f) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.65.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, or
any other provision of law, a sanitation district in Orange County,
that has been created by the consolidation, 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), of one or more sanitation districts, originally
established pursuant to Section 4730, and one or more sanitation
districts, originally established pursuant to Section 4730.1, shall
be referred to, for purposes of this section only, as a consolidated
sanitation district and the governing body shall be constituted in
accordance with subdivision (b).
   (b) The governing body of the consolidated sanitation district
shall be a board of directors composed of all of the following:
   (1) One member of the city council of each city located wholly or
partially within the district's boundaries provided, however, a city
within the consolidated district, the sewered portion of which city
lies entirely within another sanitary district, shall have no
representation on the board.
   (2) One member of the county board of supervisors.
   (3) One member of the governing body of each sanitary district,
the whole or part of which is included in the consolidated sanitation
district.
   (4) One member of the governing body of a public agency empowered
to and engaged in the collection, transportation, treatment, or
disposal of sewage and which was a member agency of a sanitation
district consolidated into a consolidated sanitation district.
   (c) The governing body of the county and each city, sanitary
district, and public agency that is a member agency having a
representative on the board of directors of the consolidated
sanitation district, may designate one of its members to act in the
place of its regular member in his or her absence or his or her
inability to act.
   (d) No action shall be taken at any meeting of the consolidated
district's board of directors unless a majority of all authorized
members of the board of directors is in attendance.
   (e) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.66.  (a) This section applies only to the consolidated
sanitation district in Orange County described in Section 4730.65.
The powers granted in this section supplement the existing powers of
the district.
   (b) The district may acquire, construct, operate, maintain, and
furnish facilities for all or any of the following purposes:
   (1) The diversion of urban runoff from drainage courses within the
district.
   (2) The treatment of the urban runoff.
   (3) The return of the water to the drainage courses.
   (4) The beneficial use of the water.
   (c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable.
   (d) Nothing in this section affects any obligation of the district
to obtain a permit that may be required by law for the activities
undertaken pursuant to this section.


4730.7.  The governing board of the Delta Diablo Sanitation District
may designate any depository or depositories pursuant to Article 2
(commencing with Section 53630) of Chapter 4 of Part 1 of Division 2
of Title 5 of the Government Code for the custody of any or all
revenue collected or received for operation and maintenance purposes.
All moneys deposited with a designated depository or depositories
shall be invested in checking accounts, savings accounts,
certificates of deposit, or other insured accounts. All other
district revenue, including any moneys collected or received for the
payment of principal and interest on district bonds, other
indebtedness, or certificates of participation, and any moneys
designated for capital outlay expenditure shall be paid into the
county treasury to the credit of the district. Every designated
depository shall give security sufficient to secure the district
against possible loss and shall pay the warrants or checks drawn by
the district for demands against the district under any rules as the
governing board may prescribe.



4730.8.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other provision of law, the governing board of a sanitation
district in the County of Riverside that includes no territory within
a city shall be the county board of supervisors.
   (b) The sanitation district may include all or a part of the
territory of one or more previously existing sanitary districts that
lie within the unincorporated territory of the county.
   (c) If the sanitation district includes any part of a sanitary
district, the sanitation district shall not perform any of the
functions of the sanitary district within the boundaries of the
sanitary district if the sanitary district has performed that
function within the 10 years immediately preceding January 1, 1994.
   (d) The sanitation district may handle, treat, and manage solid
waste, as defined pursuant to the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), in the same manner as the County of
Riverside is authorized pursuant to that act.



4730.9.  The governing board of the Napa Sanitation District shall
be a board of directors constituted in accordance with this article,
except that the board shall additionally include both of the
following:
   (a) One public member appointed by the Napa City Council.
   (b) One public member appointed by the Napa County Board of
Supervisors.



4730.10.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other law, beginning on January 1, 1996, the governing body of
the South San Luis Obispo County Sanitation District shall be
constituted as set forth in this article, except that a member of the
San Luis Obispo County Board of Supervisors may not serve as a
member of the governing body unless, in the absence of that
supervisor, there would otherwise be an even number of members of the
governing body.
   (b) This section applies only to members appointed to the South
San Luis Obispo County Sanitation District on or after January 1,
1996.


4730.11.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Area Sewer District, formerly
known as the Sacramento County Sanitation District No. 1, shall be a
board of directors composed of not less than five members.
   (b) If the district includes no territory that is within a city,
the Sacramento County Board of Supervisors shall be the board of
directors of the district. If the district includes territory that is
within a city, the board of directors shall be composed of the
Sacramento County Board of Supervisors and a member of the governing
body of each included city, appointed by that city's governing body.
   (c) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of its appointed member.
   (d) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.



4730.12.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Regional County Sanitation
District shall be a board of directors composed of all of the
following:
   (1) The Sacramento County Board of Supervisors.
   (2) A member or members of the governing body of each city
included in the district, appointed by the governing body of each of
those cities.
   (3) That member of the Yolo County Board of Supervisors whose
supervisorial district includes all, or the greater portion of, the
population of the City of West Sacramento.
   (b) The governing body of each city located within the district
shall appoint a member or members to the board of directors based on
that city's population, as follows:

                                     Number of
  City Population                  Board Members
  0 to 150,000................           1
  150,001 to 250,000..........           2
  250,001 to 350,000..........           3
  350,001 to 450,000..........           4
  450,001 to 550,000..........           5
  550,001 to 650,000..........           6
  650,001 to 750,000..........           7
  750,001 and above...........           8

   (c) For the purpose of determining the population of a city, the
governing body of each city shall rely on the most recent decennial
United States Census or the latest population estimate by the
Department of Finance, whichever is more recent.
   (d) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of each appointed member. The
Yolo County Board of Supervisors may appoint one of its members to
serve as an alternate to act in the absence, inability, or refusal to
act, of its member.
   (e) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.




4731.  If additional territory is annexed to the district as well as
whenever any change takes place in the character of the territory,
by the incorporation of a city or otherwise, resulting in a condition
which makes it necessary for a change to be made in the membership
of the district board, the change in the membership of the district
board takes place and becomes effective immediately.



4732.  The county auditor of the county in which the district is
formed is ex officio the auditor of the district.



4733.  (a) The district board may fix the amount of compensation per
meeting to be paid each member of the board for services for each
meeting attended by the member. Subject to subdivision (b), the
compensation shall not exceed one hundred dollars ($100) for each
meeting of the district board attended by the member or for each day'
s service rendered as a member by request of the board, not exceeding
a total of six days in any calendar month, together with any
expenses incident thereto.
   (b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by the district board members
above the amount of one hundred dollars ($100) per day.
   (c) 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.
   (d) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.



4733.5.  Where two or more county sanitation districts have joined
in the purchase, ownership, use, construction, maintenance, or
operation of a sewerage system, or sewage disposal or treatment
plant, or refuse transfer or disposal system, or both, either within
or without the districts, or have so joined for any combination of
these purposes, as provided in Section 4742, and the districts hold
their meetings jointly, and one or more of the directors serve as a
director on more than one of these districts meeting jointly, the
districts may, by joint resolution approved by each district, limit
the compensation of a director to compensation equal to not more than
fifty dollars ($50) for each jointly held meeting attended by him or
her, not to exceed one hundred dollars ($100) in any one month for
attendance at jointly held meetings. 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.


4734.  Where two or more county sanitation districts have joined in
the purchase, ownership, use, construction, maintenance, or operation
of a sewerage system or sewage disposal or treatment plant or a
refuse transfer or disposal system, or both, either within or without
the districts, or have so joined for any combination of these
purposes, as provided in Section 4742, and the districts hold their
meetings jointly and such meetings are presided over by a director of
one of the districts acting as joint chairman for and on behalf of
the joint organization, each district so participating may pay the
joint chairman the same compensation as a director of such district
is paid.


4735.  If the withdrawal of the city results in less than three
members remaining on the district board, the vacancy shall be filled
in accordance with the provisions of this chapter for changes in the
membership of the district board.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 4730-4735

HEALTH AND SAFETY CODE
SECTION 4730-4735



4730.  The governing body of a sanitation district is a board of
directors of not less than three members. The presiding officer of
the governing body of each city, the whole or part of which is
included in the sanitation district, is a member of the board. A
member of the governing body of each sanitary district, the whole or
part of which is included in the sanitation district, is a member of
the board.
   If the sanitation district includes territory which is
unincorporated and not included in a sanitary district, then the
presiding officer of the county board of supervisors is a member of
the board.
   The governing body of each city with a population of under
2,500,000, as found by the latest census, and the board of
supervisors shall each select one of its members, other than its
presiding officer, as an alternate director to act as a member of the
district board in place of the presiding officer, or in place of the
other member of the governing body of the city or county where there
are two members from the city or county on the board of directors of
the district, during such person's absence, inability, or refusal to
act.
   The presiding officer of the governing body of a city with a
population of 2,500,000 or over shall select one of the other members
of the governing body as an alternate director to act as a member of
the district board in place of the presiding officer, or in place of
the other member of the governing body of the city where there are
two members from the city on the board of directors of the district,
during such person's absence, inability, or refusal to act. The
governing body of each sanitary district represented on the board of
directors of a sanitation district shall select one of its members as
an alternate director to act as a member of the district board in
place of its regular director, or in place of the other member of the
governing body of the sanitary district where there are two members
from the sanitary district on the board of directors of the district,
during such person's absence, inability, or refusal to act.
   If the sanitation district includes unincorporated territory and
all or part of one city and no sanitary district, or unincorporated
territory and one sanitary district and no city, then the presiding
officer and one other member of the board of supervisors are members
of the board, unless the population included in the city or sanitary
district is more than half of the population of the whole sanitation
district, in which case the presiding officer of the board of
supervisors and the presiding officer and one other member of the
governing body of the city or two members of the governing body of
the sanitary district, as the case may be, constitute the board of
directors.
   If the total number of cities and sanitary districts included in
the sanitation district in whole or in part is two and if the
sanitation district does not include any territory not in cities or
sanitary districts, then the district board includes the presiding
officer and one other member of the governing body of the city or two
members of the governing body of the sanitary district having the
greatest population and the presiding officer of the governing body
of the city or one member of the governing body of the sanitary
district having the least population.
   If the total number of cities and of sanitary districts wholly or
in part within the sanitation district is two or more, and if, in
addition, the district contains unincorporated territory, then the
district board includes the presiding officer of the board of
supervisors, the presiding officer of the governing board of each
city, and a member of the governing board of each sanitary district.
   If the district includes no territory which is in cities or
sanitary districts, then the county board of supervisors is the board
of directors of the district.
   If the territory of the district lies wholly within a city, the
legislative body of said city is the board of directors of the
district.
   A city within a sanitation district, the sewered portion of which
city lies entirely within a sanitary district, shall have no
representation on the board.
   Notwithstanding the foregoing provisions of this section, whenever
a sanitation district includes unincorporated territory and all or
part of one city and no sanitary district, the governing body of such
city may designate the board of supervisors of the county as the
district board of directors, unless the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district. If the population of the
incorporated portion of the sanitation district is more than half of
the population of the whole district, the board of supervisors of the
county may designate the governing body of the city as the district
board of directors.
   The term "sanitary district" as used in this section shall mean a
sanitary district formed prior to the formation of the sanitation
district in which it is included in whole or in part. The term
"sanitary district" as used in this section shall also include a
county water district which on or before July 1, 1977, assumed the
responsibilities, rights, duties, assets, liabilities, and
obligations of a sanitary district which at the time of such
assumption had representation on the board of directors of the
sanitation district by the provisions of this section.



4730.1.  (a) Notwithstanding the provisions of Section 4730, the
resolution of intention to form the district and the order of
formation of the district may provide that the governing body of the
sanitation district shall be constituted in accordance with this
subdivision or subdivision (b) or (c).
   (1) If the district includes no territory which is within a city,
other sanitation district, or public agency, the county board of
supervisors is the board of directors.
   (2) If the district includes territory which is within a city,
other sanitation district, or public agency, the board of directors
shall be composed of the presiding officer of the governing body of
each city, other sanitation district, and public agency and the
chairman of the county board of supervisors. If the chairman of the
county board of supervisors and the presiding officer of the
governing body of each city, sanitation district, and public agency
constitute an even number, a member of the county board of
supervisors appointed by the board of supervisors or, in the
alternate as determined by the board of directors, a resident of the
district elected by the registered voters of the district for a
four-year term, shall be a member of the board of directors of the
district.
   (3) The governing body of each county, city, sanitation district,
and public agency having a representative on the board of directors
may designate one of its members to act in the place of its regular
member in his or her absence or his or her inability or refusal to
act.
   (4) The governing body of any city, sanitation district, or other
public agency may designate a member of the county board of
supervisors to serve as its representative member on the board of
directors of the district in the place of the presiding officer of
its governing body; in that case, the supervisor shall have one vote
for each city, sanitation district, and public agency represented by
him or her.
   (b) (1) The board of directors may be composed of directors who
are residents of the district elected by the registered voters of the
district for four-year terms.
   (2) The number of directors on an elected board shall be
determined, subject to the requirements of Section 4730 and
subdivision (c), by the board of directors of the district, if any,
in existence prior to the election.
   (c) (1) In the Arvin Sanitation District in Kern County only, if
no board of directors is in existence prior to the election, the
county board of supervisors shall determine, subject to the
requirements of Section 4730 and subdivision (d), the number of
directors on an elected board.
   (2) The district shall reimburse the county for any reasonable
costs incurred by it for the conduct of elections required by this
subdivision.
   (d) The governing body of a sanitation district is a board of
directors composed of an odd number of not less than three members.
   (e) "Public agency" as used in this section means any sanitary
district, public utility district, resort district, county water
district, municipal water district, sewer maintenance district, or
county maintenance district, engaged in the collection,
transportation, treatment, or disposal of sewage or any other public
agency empowered to, and engaged in, the collection, transportation,
treatment, or disposal of sewage.



4730.2.  A sanitation district heretofore or hereafter established
may elect to be governed by a board of directors constituted as set
forth in Section 4730.1 by complying with the provisions of this
section.
   The board of directors of the district may adopt a resolution of
intention to establish a governing body in accordance with Section
4730.1. The resolution shall contain:
    1. A statement of intention to establish a board of directors
composed of representatives as set forth in Section 4730.1 of the
Health and Safety Code.
    2. The time and place where objections to the proposal will be
heard.
   The time fixed for hearing said objections shall be not less than
30 days after the adoption of the resolution. The resolution of
intention shall be published at length twice in at least one
newspaper of general circulation in the district. At the time
provided in the resolution of intention for the hearing, or at any
time to which the hearing is continued, the district board shall hear
any objections to the proposal. At the conclusion of the hearing,
the board of directors may order that the governing body of the
district be constituted as set forth in Section 4730.1. A copy of
said order shall be furnished to the board of supervisors and to the
governing body of each city, sanitation district and public district
to be represented on the new board of directors.



4730.4.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single county sanitation 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.



4730.5.  (a) Notwithstanding the provisions of Sections 4730,
4730.1, and 4730.2, or any other provision of law, the governing body
of the Monterey Regional County Sanitation District shall be
constituted in accordance with this section.
   The governing body of the Monterey Regional County Sanitation
District shall be a board of directors composed of not less than
three members. The district board shall be appointed as follows:
   When territory of the district is within a city or other
sanitation district or public agency, as defined in Section 4730.1,
the governing body of each such city, other sanitation district, and
public agency shall appoint one member to represent such city, other
sanitation district, or public agency. When territory of the district
is within unincorporated territory which is not also included in
such other sanitation district or public agency, the county board of
supervisors shall appoint one member to represent such unincorporated
territory. In the event that the selection of members pursuant to
this subdivision results in the governing body having less than three
members, the county board of supervisors shall appoint additional
members for purposes of increasing the number of board members to
three.
   The governing body of the county and each city, sanitation
district, and public agency having a representative on the district
board of directors may designate one alternate representative to act
in the place of such body's regular member in such person's absence,
inability to act, or refusal to act.
   The regular member and alternate member on the district board
shall be either an elected official, officer, or employee of the
county, city, other sanitation district, or public agency, and shall
serve solely at the pleasure of the appointing county, city, other
sanitation district, or public agency.
   All vacancies shall be filled in the same manner as the original
appointment.
   (b) Notwithstanding any other provision of law, each member of the
Board of Directors of the Monterey Regional County Sanitation
District shall have one vote; provided, however, that upon the call
and request of any board member, present and able to vote, a weighted
voting formula shall apply for any vote to be taken by the district
board, with each member having one or more votes based upon the
population of the city, other sanitation district, public agency, or
unincorporated territory such member represents, as follows:

                                           No. of
  Population                               Votes
  0 to  9,999 .........................      1
  10,000 to 24,999 ....................      2
  25,000 to 49,999 ....................      3
  50,000 to 74,999 ....................      4
  75,000 to 99,999 ....................      5
  100,000 and above ...................      6

   For the purpose of determining the population of a city, other
sanitation district, public agency, or unincorporated territory, the
distict board shall consider the last official United States census
or the California Finance Department population estimate, whichever
is more recent for a particular area.
   In determining such population basis, those portions of the
population of a city, other sanitation district, public agency, or
unincorporated territory which are attributable to and located on the
U.S. Army Military Reservation at Fort Ord, California, shall not be
included within the population computation of such city, other
sanitation district, public agency, or unincorporated territory.
   No vote may be taken at any meeting of the Monterey Regional
County Sanitation District unless a quorum of the members of such
district board is in attendance. A quorum for purposes of this
subdivision is a majority of all district board members.
   (c) The governing board of the Monterey Regional County Sanitation
District may designate any depository or depositories for the
custody of any or all revenue collected or received for operation and
maintenance purposes pursuant to Article 2 (commencing with Section
53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code. All other district revenue, including any moneys
collected or received for the payment of principal and interest upon
district bonds or any moneys designated for capital outlay
expenditure, shall be paid into the treasury of the county to the
credit of the district. A depository shall give security sufficient
to secure the district against possible loss and shall pay the
warrants drawn by the district for demands against the district under
such rules as the governing board may prescribe.



4730.6.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or
any other provision of law, the governing board of the Ventura
Regional Sanitation District shall be a board of directors appointed
in accordance with this section. Unless the context otherwise
indicates, as used in this section, "district" means the Ventura
Regional Sanitation District.
   (b) The legislative body of each city located wholly or partially
within the district's boundaries shall designate one of its members
to be a member of the district's board of directors. Each legislative
body may designate one of its members as an alternate to act in the
place of its regular member in the case of the absence or
disqualification of the regular member. An alternate member shall
have the full voting rights of the regular member.
   (c) The special district committee, which shall consist of the
presiding officers of all special districts that have a governing
board separately elected, in whole or in part, from any board of
supervisors or city council, and would be entitled to representation
on the Ventura Regional Sanitation District Board of Directors under
Section 4730.1, if that section were applicable to the Ventura
Regional Sanitation District, shall designate one separately elected
member of a board of directors of a special district represented on
the committee to be a member of the district's board of directors.
The special district committee may designate one separately elected
member as an alternate to act in the place of the regular member in
the case of the absence or disqualification of the regular member. An
alternate member shall have the full voting rights of the regular
member.
   (d) Each member of the district's board of directors shall have
one vote.
   (e) No action shall be taken at any meeting of the district's
board of directors unless a majority of all authorized members of the
board of directors is in attendance.
   (f) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.65.  (a) Notwithstanding Sections 4730, 4730.1 and 4730.2, or
any other provision of law, a sanitation district in Orange County,
that has been created by the consolidation, 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), of one or more sanitation districts, originally
established pursuant to Section 4730, and one or more sanitation
districts, originally established pursuant to Section 4730.1, shall
be referred to, for purposes of this section only, as a consolidated
sanitation district and the governing body shall be constituted in
accordance with subdivision (b).
   (b) The governing body of the consolidated sanitation district
shall be a board of directors composed of all of the following:
   (1) One member of the city council of each city located wholly or
partially within the district's boundaries provided, however, a city
within the consolidated district, the sewered portion of which city
lies entirely within another sanitary district, shall have no
representation on the board.
   (2) One member of the county board of supervisors.
   (3) One member of the governing body of each sanitary district,
the whole or part of which is included in the consolidated sanitation
district.
   (4) One member of the governing body of a public agency empowered
to and engaged in the collection, transportation, treatment, or
disposal of sewage and which was a member agency of a sanitation
district consolidated into a consolidated sanitation district.
   (c) The governing body of the county and each city, sanitary
district, and public agency that is a member agency having a
representative on the board of directors of the consolidated
sanitation district, may designate one of its members to act in the
place of its regular member in his or her absence or his or her
inability to act.
   (d) No action shall be taken at any meeting of the consolidated
district's board of directors unless a majority of all authorized
members of the board of directors is in attendance.
   (e) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.



4730.66.  (a) This section applies only to the consolidated
sanitation district in Orange County described in Section 4730.65.
The powers granted in this section supplement the existing powers of
the district.
   (b) The district may acquire, construct, operate, maintain, and
furnish facilities for all or any of the following purposes:
   (1) The diversion of urban runoff from drainage courses within the
district.
   (2) The treatment of the urban runoff.
   (3) The return of the water to the drainage courses.
   (4) The beneficial use of the water.
   (c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable.
   (d) Nothing in this section affects any obligation of the district
to obtain a permit that may be required by law for the activities
undertaken pursuant to this section.


4730.7.  The governing board of the Delta Diablo Sanitation District
may designate any depository or depositories pursuant to Article 2
(commencing with Section 53630) of Chapter 4 of Part 1 of Division 2
of Title 5 of the Government Code for the custody of any or all
revenue collected or received for operation and maintenance purposes.
All moneys deposited with a designated depository or depositories
shall be invested in checking accounts, savings accounts,
certificates of deposit, or other insured accounts. All other
district revenue, including any moneys collected or received for the
payment of principal and interest on district bonds, other
indebtedness, or certificates of participation, and any moneys
designated for capital outlay expenditure shall be paid into the
county treasury to the credit of the district. Every designated
depository shall give security sufficient to secure the district
against possible loss and shall pay the warrants or checks drawn by
the district for demands against the district under any rules as the
governing board may prescribe.



4730.8.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other provision of law, the governing board of a sanitation
district in the County of Riverside that includes no territory within
a city shall be the county board of supervisors.
   (b) The sanitation district may include all or a part of the
territory of one or more previously existing sanitary districts that
lie within the unincorporated territory of the county.
   (c) If the sanitation district includes any part of a sanitary
district, the sanitation district shall not perform any of the
functions of the sanitary district within the boundaries of the
sanitary district if the sanitary district has performed that
function within the 10 years immediately preceding January 1, 1994.
   (d) The sanitation district may handle, treat, and manage solid
waste, as defined pursuant to the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section 40000)
of the Public Resources Code), in the same manner as the County of
Riverside is authorized pursuant to that act.



4730.9.  The governing board of the Napa Sanitation District shall
be a board of directors constituted in accordance with this article,
except that the board shall additionally include both of the
following:
   (a) One public member appointed by the Napa City Council.
   (b) One public member appointed by the Napa County Board of
Supervisors.



4730.10.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or
any other law, beginning on January 1, 1996, the governing body of
the South San Luis Obispo County Sanitation District shall be
constituted as set forth in this article, except that a member of the
San Luis Obispo County Board of Supervisors may not serve as a
member of the governing body unless, in the absence of that
supervisor, there would otherwise be an even number of members of the
governing body.
   (b) This section applies only to members appointed to the South
San Luis Obispo County Sanitation District on or after January 1,
1996.


4730.11.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Area Sewer District, formerly
known as the Sacramento County Sanitation District No. 1, shall be a
board of directors composed of not less than five members.
   (b) If the district includes no territory that is within a city,
the Sacramento County Board of Supervisors shall be the board of
directors of the district. If the district includes territory that is
within a city, the board of directors shall be composed of the
Sacramento County Board of Supervisors and a member of the governing
body of each included city, appointed by that city's governing body.
   (c) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of its appointed member.
   (d) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.



4730.12.  (a) Notwithstanding any other provision of this article,
the governing body of the Sacramento Regional County Sanitation
District shall be a board of directors composed of all of the
following:
   (1) The Sacramento County Board of Supervisors.
   (2) A member or members of the governing body of each city
included in the district, appointed by the governing body of each of
those cities.
   (3) That member of the Yolo County Board of Supervisors whose
supervisorial district includes all, or the greater portion of, the
population of the City of West Sacramento.
   (b) The governing body of each city located within the district
shall appoint a member or members to the board of directors based on
that city's population, as follows:

                                     Number of
  City Population                  Board Members
  0 to 150,000................           1
  150,001 to 250,000..........           2
  250,001 to 350,000..........           3
  350,001 to 450,000..........           4
  450,001 to 550,000..........           5
  550,001 to 650,000..........           6
  650,001 to 750,000..........           7
  750,001 and above...........           8

   (c) For the purpose of determining the population of a city, the
governing body of each city shall rely on the most recent decennial
United States Census or the latest population estimate by the
Department of Finance, whichever is more recent.
   (d) The governing body of each city located within the district
may appoint one of its members to serve as an alternate to act in the
absence, inability, or refusal to act, of each appointed member. The
Yolo County Board of Supervisors may appoint one of its members to
serve as an alternate to act in the absence, inability, or refusal to
act, of its member.
   (e) (1) Each member or alternate member of the board of directors
shall have one vote.
   (2) Notwithstanding paragraph (1), if the members of the board of
directors constitute an even number and if the vote is tied, the
chairperson of the board of directors shall have an additional vote.




4731.  If additional territory is annexed to the district as well as
whenever any change takes place in the character of the territory,
by the incorporation of a city or otherwise, resulting in a condition
which makes it necessary for a change to be made in the membership
of the district board, the change in the membership of the district
board takes place and becomes effective immediately.



4732.  The county auditor of the county in which the district is
formed is ex officio the auditor of the district.



4733.  (a) The district board may fix the amount of compensation per
meeting to be paid each member of the board for services for each
meeting attended by the member. Subject to subdivision (b), the
compensation shall not exceed one hundred dollars ($100) for each
meeting of the district board attended by the member or for each day'
s service rendered as a member by request of the board, not exceeding
a total of six days in any calendar month, together with any
expenses incident thereto.
   (b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by the district board members
above the amount of one hundred dollars ($100) per day.
   (c) 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.
   (d) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.



4733.5.  Where two or more county sanitation districts have joined
in the purchase, ownership, use, construction, maintenance, or
operation of a sewerage system, or sewage disposal or treatment
plant, or refuse transfer or disposal system, or both, either within
or without the districts, or have so joined for any combination of
these purposes, as provided in Section 4742, and the districts hold
their meetings jointly, and one or more of the directors serve as a
director on more than one of these districts meeting jointly, the
districts may, by joint resolution approved by each district, limit
the compensation of a director to compensation equal to not more than
fifty dollars ($50) for each jointly held meeting attended by him or
her, not to exceed one hundred dollars ($100) in any one month for
attendance at jointly held meetings. 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.


4734.  Where two or more county sanitation districts have joined in
the purchase, ownership, use, construction, maintenance, or operation
of a sewerage system or sewage disposal or treatment plant or a
refuse transfer or disposal system, or both, either within or without
the districts, or have so joined for any combination of these
purposes, as provided in Section 4742, and the districts hold their
meetings jointly and such meetings are presided over by a director of
one of the districts acting as joint chairman for and on behalf of
the joint organization, each district so participating may pay the
joint chairman the same compensation as a director of such district
is paid.


4735.  If the withdrawal of the city results in less than three
members remaining on the district board, the vacancy shall be filled
in accordance with the provisions of this chapter for changes in the
membership of the district board.