State Codes and Statutes

Statutes > California > Prc > 5786-5786.31

PUBLIC RESOURCES CODE
SECTION 5786-5786.31



5786.  A district may:
   (a) Organize, promote, conduct, and advertise programs of
community recreation, including, but not limited to, parks and open
space, parking, transportation, and other related services that
improve the community's quality of life.
   (b) Establish systems of recreation and recreation facilities,
including, but not limited to, parks and open space.
   (c) Acquire, construct, improve, maintain, and operate recreation
facilities, including, but not limited to, parks and open space, both
inside and beyond the district's boundaries.




5786.1.  A district shall have and may exercise all rights and
powers, expressed or implied, necessary to carry out the purposes and
intent of this chapter, including, but not limited to, the following
powers:
   (a) To sue and be sued.
   (b) To acquire any real or personal property within or outside the
district, to hold, manage, occupy, dispose of, convey and encumber
the property, and to create a leasehold interest in the property for
the benefit of the district.
   (c) To acquire any real or personal property by eminent domain
within the boundaries of the district, pursuant to Section 5786.5.
   (d) To appoint necessary employees, to define their qualifications
and duties, and to provide a schedule of compensation for
performance of their duties.
   (e) To engage counsel and other professional services.
   (f) To enter into and perform all necessary contracts pursuant to
Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3
of the Public Contract Code.
   (g) To borrow money, give security therefor, and purchase on
contract, as provided in this chapter.
   (h) To adopt a seal and alter it at pleasure.
   (i) To adopt ordinances following the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3 of the Government Code.
   (j) To adopt and enforce rules and regulations for the
administration, operation, use, and maintenance of the recreation
facilities, programs, and services listed in Section 5786.
   (k) To enter joint powers agreements pursuant to the Joint
Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
   (l) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1 of the Government Code.
   (m) To perform any acts necessary to carry out the provisions of
this chapter.



5786.3.  When acquiring, improving, or using any real property, a
district shall comply with Article 5 (commencing with Section 53090)
of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code, and Article 7 (commencing with Section 65400) of Chapter 1 of
Division 1 of Title 7 of the Government Code.



5786.5.  (a) If a district was formed without the power of eminent
domain, the district shall not exercise eminent domain to acquire any
real or personal property, except as provided by subdivision (d).
   (b) If a district was formed with the power to acquire any real or
personal property by eminent domain within the boundaries of the
district, the district shall comply with the requirements of the
Eminent Domain Law, Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure.
   (c) In addition to the requirements imposed by subdivision (b),
before a district may exercise the power of eminent domain, it shall
first obtain the approval of the city council if the property is
located in incorporated territory or the county board of supervisors
if the property is located in unincorporated territory. The district
shall notify the property owner of the district's request to the city
council or county board of supervisors. The district shall mail the
notice to the property owner at least 20 days before the date on
which the city council or county board of supervisors will act on the
district's request.
   (d) (1) If a district was formed with the power to acquire real or
personal property by the power of eminent domain, it shall not
exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election. If a district was formed without the power to
acquire real or personal property by the power of eminent domain, it
may exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election.
   (2) The board of directors may adopt a resolution placing the
question on the ballot. Alternatively, upon receipt of a petition
signed by at least 25 percent of the registered voters of the
district, the board of directors shall adopt a resolution placing the
question on the ballot.
   (3) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
   (4) Before circulating any petition pursuant to this subdivision,
the proponents shall publish a notice of intention which shall
include a written statement not to exceed 500 words in length,
setting forth the reasons for the proposal. The notice shall be
published pursuant to Section 6061 of the Government Code in one or
more newspapers of general circulation within the district. If the
district is located in more than one county, publication of the
notice shall be made in at least one newspaper of general circulation
in each county.
   (5) The notice shall be signed by at least one, but not more than
three, proponents and shall be in substantially the following form:
                      "Notice of Intent to Circulate Petition
   Notice is hereby given of the intention to circulate a petition
affecting power of eminent domain of the ______ (name of the
district). The petition proposes that ______ (description of the
proposal)."

   (6) Within five days after the date of publication, the proponents
shall file with the secretary of the board of directors a copy of
the notice together with an affidavit made by a representative of the
newspaper in which the notice was published certifying to the fact
of publication. After the filing, the petition may be circulated for
signatures.
   (7) Sections 100 and 104 of the Elections Code shall govern the
signing of the petition and the format of the petition. A petition
may consist of a single instrument or separate counterparts. The
proponents shall file the petition, together with all counterparts,
with the secretary of the board of directors. The secretary shall not
accept a petition for filing unless the signatures have been secured
within six months of the date on which the first signature was
obtained and the proponents submitted the petition to the secretary
for filing within 60 days after the last signature was obtained.
   (8) Within 30 days after the date of filing a petition, the
secretary of the board of directors shall cause the petition to be
examined by the county elections official, in accordance with
Sections 9113 to 9115, inclusive, of the Elections Code, and shall
prepare a certificate of sufficiency indicating whether the petition
is signed by the requisite number of signers.
   (9) If the certificate of the secretary shows the petition to be
insufficient, the secretary shall immediately give notice by
certified mail of the insufficiency to the proponents. That mailed
notice shall state in what amount the petition is insufficient.
Within 15 days after the date of the notice of insufficiency, the
proponents may file with the secretary a supplemental petition
bearing additional signatures.
   (10) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify the results in writing of his or her examination.
   (11) The secretary shall sign and date a certificate of
sufficiency. That certificate shall also state the minimum signature
requirements for a sufficient petition and show the results of the
secretary's examination. The secretary shall mail a copy of the
certificate of sufficiency to the proponents.
   (12) Once the proponents have filed a sufficient petition, the
board of directors shall adopt the resolution required by paragraph
(2).


5786.7.  Notwithstanding any other provision of law:
   (a) If a majority of the voters voting on the question at a
general district or special district election are in favor, the
Parker Dam Recreation and Park District may do all of the following:
   (1) Purchase or lease electric power from any public agency or
private entity for use within the district's boundaries.
   (2) Acquire water and water rights and do any act necessary to
furnish sufficient water for beneficial use within the district's
boundaries.
   (3) Sell, dispose of, and distribute water and electric power for
use within the district's boundaries.
   (4) Provide street lighting facilities and services.
   (b) Provided that the authority to exercise these powers is
approved by the local agency formation commission and conforms to
Article XIII C of the California Constitution, the Camp Meeker
Recreation and Park District may exercise the powers of a county
water district pursuant to:
   (1) Article 1 (commencing with Section 31000) to Article 9
(commencing with Section 31100), inclusive, of Part 5 of Division 12
of the Water Code.
   (2) Part 6 (commencing with Section 31300) of Division 12 of the
Water Code.
   (3) Part 7 (commencing with Section 31650) of Division 12 of the
Water Code.
   (c) The Coachella Valley Recreation and Park District and the
Hesperia Recreation and Park District may provide street lighting
facilities and services.
   (d) The Lucerne Recreation and Park District may exercise any of
the powers, functions, and duties of a fire protection district
pursuant to the Fire Protection District Law of 1987, Part 3
(commencing with Section 13800) of Division 12 of the Health and
Safety Code.



5786.9.  (a) A district shall have perpetual succession.
   (b) A board of directors may, by a four-fifths vote of its total
membership, adopt a resolution to change the name of the district.
The resolution shall comply with the requirements of Chapter 23
(commencing with Section 7530) of Division 7 of Title 1 of the
Government Code. The board of directors shall not change the name of
the district to the name of any living individual. Within 10 days of
its adoption, the board of directors shall file a copy of its
resolution with the Secretary of State, the county clerk, the board
of supervisors, and the local agency formation commission of each
county in which the district is located.
   (c) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.



5786.11.  (a) A district may cooperate with any city, county,
special district, school district, state agency, or federal agency to
carry out the purposes and intent of this chapter. To that end, a
district may enter into agreements with those other public agencies
to do any and all things necessary or convenient in carrying out the
purposes and intent of this chapter.
   (b) A district may jointly acquire, construct, improve, maintain,
and operate recreation facilities and programs of community
recreation with any other public agency. Nothing in this chapter
shall be construed to prohibit any joint or cooperative action with
other public agencies.



5786.13.  A district may contract with other public agencies to
provide recreation facilities and programs of community recreation
within the district's boundaries. A district may contract with other
public agencies to provide recreation facilities and programs of
community recreation within the boundaries of other public agencies.




5786.15.  (a) Each district shall adopt policies and procedures,
including bidding regulations, governing the purchase of supplies and
equipment. Each district shall adopt these policies and procedures
by rule or regulation pursuant to Article 7 (commencing with Section
54201) of Chapter 5 of Division 2 of Title 5 of the Government Code.
   (b) A district may request the Department of General Services to
make purchases of materials, equipment, or supplies on its behalf
pursuant to Section 10324 of the Public Contract Code.
   (c) A district may request the purchasing agent of the principal
county to make purchases of materials, equipment, or supplies on its
behalf, pursuant to Article 7 (commencing with Section 25500) of
Chapter 5 of Division 2 of Title 3 of the Government Code.
   (d) A district may request the purchasing agent of the principal
county to contract with persons to provide recreation facilities and
programs of community recreation, pursuant to Article 7 (commencing
with Section 25500) of Chapter 5 of Division 2 of Title 3 of the
Government Code. The district shall be responsible for and maintain
control over those recreational facilities and programs of community
recreation.
   (e) A district may lease or rent private vehicles or equipment
owned by district employees.



5786.17.  (a) Violation of any rule, regulation, or ordinance
adopted by a board of directors is a misdemeanor punishable pursuant
to Section 19 of the Penal Code.
   (b) Any citation issued by a district for violation of a rule,
regulation, or ordinance adopted by a board of directors may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
   (c) To protect property and to preserve the peace at recreation
facilities and other property owned or managed by a district, the
board of directors may confer on designated uniformed district
employees the power to issue citations for misdemeanor and infraction
violations of state law, city or county ordinances, or district
rules, regulations, or ordinances when the violation is committed
within a recreation facility and in the presence of the employee
issuing the citation. District employees shall issue citations
pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of
Part 2 of the Penal Code.



5786.19.  (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code
applies to all districts.
   (b) A board of directors may adopt an ordinance establishing an
employee relations system which may include, but is not limited to, a
civil service system or a merit system.
   (c) With the prior permission of the board of supervisors of the
principal county, or in the case of a district which contains no
unincorporated territory with the prior permission of the city
council, a board of directors may adopt an ordinance that makes the
employees of the district subject to the employee relations system of
the principal county or that city. The board of directors may adopt
an ordinance that withdraws the employees of the district from the
employee relations system of the principal county or that city. A
district in which the employees of the district are subject to the
employee relations system of the principal county or that city shall
receive employee relations services at cost from the county or city.



5786.21.  If a county board of supervisors has appointed itself as
the board of directors and the county has by ordinance provided a
civil service system:
   (a) A county employee holding a classified civil service position
for which eligibility has been established by a competitive
examination and certification, and which is similar in grade or class
to a district position, shall, at the district's request, be
certified by the county civil service commission as being eligible to
transfer to and hold that position in the district with the same
status and without further examination.
   (b) A district employee holding a classified civil service
position for which eligibility has been established by a competitive
examination and certification, and that is similar in grade or class
to a county position, shall, at the county's request, be certified by
the county civil service commission as being eligible to transfer to
and hold that position in the county with the same status and
without further examination.
   (c) Any person entitled to participate in promotional examinations
for classified civil service positions in either the county or the
district shall be entitled to participate in promotional examinations
for classified civil service positions for both the county and the
district, pursuant to the civil service commission's rules, and to be
certified for those positions by the county civil service commission
or board of supervisors, and to be appointed to those positions.



5786.23.  (a) This section shall apply only to a district where all
of the following apply:
   (1) The county board of supervisors has appointed itself as the
board of directors.
   (2) The county has by ordinance provided a civil service system.
   (3) The county operates under a freeholders' charter that requires
that in the fixing of salaries or wages for county employees subject
to the county's civil service system, the board of supervisors shall
provide a salary or wage at least equal to the prevailing salary or
wage for the same quality of service rendered to private persons
under similar employment, if the prevailing salary or wage can be
ascertained.
   (b) In fixing the salary or wage for district employees subject to
the county's civil service system, the board of directors shall
provide a salary or wage equal to the salary or wage paid to county
employees for the same quality of service.



5786.25.  A board of directors may require any employee or officer
to be bonded. The district shall pay the cost of the bonds.



5786.27.  A board of directors may provide for any programs for the
benefit of its employees and members of the board of directors
pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of
Division 2 of Title 5 of the Government Code.




5786.29.  A district may authorize the members of its board of
directors and its employees to attend professional or vocational
meetings and pay their actual and necessary traveling and incidental
expenses while on official business.


5786.31.  Whenever the boundaries of a district or a zone change,
the district shall comply with Chapter 8 (commencing with Section
54900) of Part 1 of Division 2 of Title 5 of the Government Code.


State Codes and Statutes

Statutes > California > Prc > 5786-5786.31

PUBLIC RESOURCES CODE
SECTION 5786-5786.31



5786.  A district may:
   (a) Organize, promote, conduct, and advertise programs of
community recreation, including, but not limited to, parks and open
space, parking, transportation, and other related services that
improve the community's quality of life.
   (b) Establish systems of recreation and recreation facilities,
including, but not limited to, parks and open space.
   (c) Acquire, construct, improve, maintain, and operate recreation
facilities, including, but not limited to, parks and open space, both
inside and beyond the district's boundaries.




5786.1.  A district shall have and may exercise all rights and
powers, expressed or implied, necessary to carry out the purposes and
intent of this chapter, including, but not limited to, the following
powers:
   (a) To sue and be sued.
   (b) To acquire any real or personal property within or outside the
district, to hold, manage, occupy, dispose of, convey and encumber
the property, and to create a leasehold interest in the property for
the benefit of the district.
   (c) To acquire any real or personal property by eminent domain
within the boundaries of the district, pursuant to Section 5786.5.
   (d) To appoint necessary employees, to define their qualifications
and duties, and to provide a schedule of compensation for
performance of their duties.
   (e) To engage counsel and other professional services.
   (f) To enter into and perform all necessary contracts pursuant to
Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3
of the Public Contract Code.
   (g) To borrow money, give security therefor, and purchase on
contract, as provided in this chapter.
   (h) To adopt a seal and alter it at pleasure.
   (i) To adopt ordinances following the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3 of the Government Code.
   (j) To adopt and enforce rules and regulations for the
administration, operation, use, and maintenance of the recreation
facilities, programs, and services listed in Section 5786.
   (k) To enter joint powers agreements pursuant to the Joint
Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
   (l) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1 of the Government Code.
   (m) To perform any acts necessary to carry out the provisions of
this chapter.



5786.3.  When acquiring, improving, or using any real property, a
district shall comply with Article 5 (commencing with Section 53090)
of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code, and Article 7 (commencing with Section 65400) of Chapter 1 of
Division 1 of Title 7 of the Government Code.



5786.5.  (a) If a district was formed without the power of eminent
domain, the district shall not exercise eminent domain to acquire any
real or personal property, except as provided by subdivision (d).
   (b) If a district was formed with the power to acquire any real or
personal property by eminent domain within the boundaries of the
district, the district shall comply with the requirements of the
Eminent Domain Law, Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure.
   (c) In addition to the requirements imposed by subdivision (b),
before a district may exercise the power of eminent domain, it shall
first obtain the approval of the city council if the property is
located in incorporated territory or the county board of supervisors
if the property is located in unincorporated territory. The district
shall notify the property owner of the district's request to the city
council or county board of supervisors. The district shall mail the
notice to the property owner at least 20 days before the date on
which the city council or county board of supervisors will act on the
district's request.
   (d) (1) If a district was formed with the power to acquire real or
personal property by the power of eminent domain, it shall not
exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election. If a district was formed without the power to
acquire real or personal property by the power of eminent domain, it
may exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election.
   (2) The board of directors may adopt a resolution placing the
question on the ballot. Alternatively, upon receipt of a petition
signed by at least 25 percent of the registered voters of the
district, the board of directors shall adopt a resolution placing the
question on the ballot.
   (3) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
   (4) Before circulating any petition pursuant to this subdivision,
the proponents shall publish a notice of intention which shall
include a written statement not to exceed 500 words in length,
setting forth the reasons for the proposal. The notice shall be
published pursuant to Section 6061 of the Government Code in one or
more newspapers of general circulation within the district. If the
district is located in more than one county, publication of the
notice shall be made in at least one newspaper of general circulation
in each county.
   (5) The notice shall be signed by at least one, but not more than
three, proponents and shall be in substantially the following form:
                      "Notice of Intent to Circulate Petition
   Notice is hereby given of the intention to circulate a petition
affecting power of eminent domain of the ______ (name of the
district). The petition proposes that ______ (description of the
proposal)."

   (6) Within five days after the date of publication, the proponents
shall file with the secretary of the board of directors a copy of
the notice together with an affidavit made by a representative of the
newspaper in which the notice was published certifying to the fact
of publication. After the filing, the petition may be circulated for
signatures.
   (7) Sections 100 and 104 of the Elections Code shall govern the
signing of the petition and the format of the petition. A petition
may consist of a single instrument or separate counterparts. The
proponents shall file the petition, together with all counterparts,
with the secretary of the board of directors. The secretary shall not
accept a petition for filing unless the signatures have been secured
within six months of the date on which the first signature was
obtained and the proponents submitted the petition to the secretary
for filing within 60 days after the last signature was obtained.
   (8) Within 30 days after the date of filing a petition, the
secretary of the board of directors shall cause the petition to be
examined by the county elections official, in accordance with
Sections 9113 to 9115, inclusive, of the Elections Code, and shall
prepare a certificate of sufficiency indicating whether the petition
is signed by the requisite number of signers.
   (9) If the certificate of the secretary shows the petition to be
insufficient, the secretary shall immediately give notice by
certified mail of the insufficiency to the proponents. That mailed
notice shall state in what amount the petition is insufficient.
Within 15 days after the date of the notice of insufficiency, the
proponents may file with the secretary a supplemental petition
bearing additional signatures.
   (10) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify the results in writing of his or her examination.
   (11) The secretary shall sign and date a certificate of
sufficiency. That certificate shall also state the minimum signature
requirements for a sufficient petition and show the results of the
secretary's examination. The secretary shall mail a copy of the
certificate of sufficiency to the proponents.
   (12) Once the proponents have filed a sufficient petition, the
board of directors shall adopt the resolution required by paragraph
(2).


5786.7.  Notwithstanding any other provision of law:
   (a) If a majority of the voters voting on the question at a
general district or special district election are in favor, the
Parker Dam Recreation and Park District may do all of the following:
   (1) Purchase or lease electric power from any public agency or
private entity for use within the district's boundaries.
   (2) Acquire water and water rights and do any act necessary to
furnish sufficient water for beneficial use within the district's
boundaries.
   (3) Sell, dispose of, and distribute water and electric power for
use within the district's boundaries.
   (4) Provide street lighting facilities and services.
   (b) Provided that the authority to exercise these powers is
approved by the local agency formation commission and conforms to
Article XIII C of the California Constitution, the Camp Meeker
Recreation and Park District may exercise the powers of a county
water district pursuant to:
   (1) Article 1 (commencing with Section 31000) to Article 9
(commencing with Section 31100), inclusive, of Part 5 of Division 12
of the Water Code.
   (2) Part 6 (commencing with Section 31300) of Division 12 of the
Water Code.
   (3) Part 7 (commencing with Section 31650) of Division 12 of the
Water Code.
   (c) The Coachella Valley Recreation and Park District and the
Hesperia Recreation and Park District may provide street lighting
facilities and services.
   (d) The Lucerne Recreation and Park District may exercise any of
the powers, functions, and duties of a fire protection district
pursuant to the Fire Protection District Law of 1987, Part 3
(commencing with Section 13800) of Division 12 of the Health and
Safety Code.



5786.9.  (a) A district shall have perpetual succession.
   (b) A board of directors may, by a four-fifths vote of its total
membership, adopt a resolution to change the name of the district.
The resolution shall comply with the requirements of Chapter 23
(commencing with Section 7530) of Division 7 of Title 1 of the
Government Code. The board of directors shall not change the name of
the district to the name of any living individual. Within 10 days of
its adoption, the board of directors shall file a copy of its
resolution with the Secretary of State, the county clerk, the board
of supervisors, and the local agency formation commission of each
county in which the district is located.
   (c) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.



5786.11.  (a) A district may cooperate with any city, county,
special district, school district, state agency, or federal agency to
carry out the purposes and intent of this chapter. To that end, a
district may enter into agreements with those other public agencies
to do any and all things necessary or convenient in carrying out the
purposes and intent of this chapter.
   (b) A district may jointly acquire, construct, improve, maintain,
and operate recreation facilities and programs of community
recreation with any other public agency. Nothing in this chapter
shall be construed to prohibit any joint or cooperative action with
other public agencies.



5786.13.  A district may contract with other public agencies to
provide recreation facilities and programs of community recreation
within the district's boundaries. A district may contract with other
public agencies to provide recreation facilities and programs of
community recreation within the boundaries of other public agencies.




5786.15.  (a) Each district shall adopt policies and procedures,
including bidding regulations, governing the purchase of supplies and
equipment. Each district shall adopt these policies and procedures
by rule or regulation pursuant to Article 7 (commencing with Section
54201) of Chapter 5 of Division 2 of Title 5 of the Government Code.
   (b) A district may request the Department of General Services to
make purchases of materials, equipment, or supplies on its behalf
pursuant to Section 10324 of the Public Contract Code.
   (c) A district may request the purchasing agent of the principal
county to make purchases of materials, equipment, or supplies on its
behalf, pursuant to Article 7 (commencing with Section 25500) of
Chapter 5 of Division 2 of Title 3 of the Government Code.
   (d) A district may request the purchasing agent of the principal
county to contract with persons to provide recreation facilities and
programs of community recreation, pursuant to Article 7 (commencing
with Section 25500) of Chapter 5 of Division 2 of Title 3 of the
Government Code. The district shall be responsible for and maintain
control over those recreational facilities and programs of community
recreation.
   (e) A district may lease or rent private vehicles or equipment
owned by district employees.



5786.17.  (a) Violation of any rule, regulation, or ordinance
adopted by a board of directors is a misdemeanor punishable pursuant
to Section 19 of the Penal Code.
   (b) Any citation issued by a district for violation of a rule,
regulation, or ordinance adopted by a board of directors may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
   (c) To protect property and to preserve the peace at recreation
facilities and other property owned or managed by a district, the
board of directors may confer on designated uniformed district
employees the power to issue citations for misdemeanor and infraction
violations of state law, city or county ordinances, or district
rules, regulations, or ordinances when the violation is committed
within a recreation facility and in the presence of the employee
issuing the citation. District employees shall issue citations
pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of
Part 2 of the Penal Code.



5786.19.  (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code
applies to all districts.
   (b) A board of directors may adopt an ordinance establishing an
employee relations system which may include, but is not limited to, a
civil service system or a merit system.
   (c) With the prior permission of the board of supervisors of the
principal county, or in the case of a district which contains no
unincorporated territory with the prior permission of the city
council, a board of directors may adopt an ordinance that makes the
employees of the district subject to the employee relations system of
the principal county or that city. The board of directors may adopt
an ordinance that withdraws the employees of the district from the
employee relations system of the principal county or that city. A
district in which the employees of the district are subject to the
employee relations system of the principal county or that city shall
receive employee relations services at cost from the county or city.



5786.21.  If a county board of supervisors has appointed itself as
the board of directors and the county has by ordinance provided a
civil service system:
   (a) A county employee holding a classified civil service position
for which eligibility has been established by a competitive
examination and certification, and which is similar in grade or class
to a district position, shall, at the district's request, be
certified by the county civil service commission as being eligible to
transfer to and hold that position in the district with the same
status and without further examination.
   (b) A district employee holding a classified civil service
position for which eligibility has been established by a competitive
examination and certification, and that is similar in grade or class
to a county position, shall, at the county's request, be certified by
the county civil service commission as being eligible to transfer to
and hold that position in the county with the same status and
without further examination.
   (c) Any person entitled to participate in promotional examinations
for classified civil service positions in either the county or the
district shall be entitled to participate in promotional examinations
for classified civil service positions for both the county and the
district, pursuant to the civil service commission's rules, and to be
certified for those positions by the county civil service commission
or board of supervisors, and to be appointed to those positions.



5786.23.  (a) This section shall apply only to a district where all
of the following apply:
   (1) The county board of supervisors has appointed itself as the
board of directors.
   (2) The county has by ordinance provided a civil service system.
   (3) The county operates under a freeholders' charter that requires
that in the fixing of salaries or wages for county employees subject
to the county's civil service system, the board of supervisors shall
provide a salary or wage at least equal to the prevailing salary or
wage for the same quality of service rendered to private persons
under similar employment, if the prevailing salary or wage can be
ascertained.
   (b) In fixing the salary or wage for district employees subject to
the county's civil service system, the board of directors shall
provide a salary or wage equal to the salary or wage paid to county
employees for the same quality of service.



5786.25.  A board of directors may require any employee or officer
to be bonded. The district shall pay the cost of the bonds.



5786.27.  A board of directors may provide for any programs for the
benefit of its employees and members of the board of directors
pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of
Division 2 of Title 5 of the Government Code.




5786.29.  A district may authorize the members of its board of
directors and its employees to attend professional or vocational
meetings and pay their actual and necessary traveling and incidental
expenses while on official business.


5786.31.  Whenever the boundaries of a district or a zone change,
the district shall comply with Chapter 8 (commencing with Section
54900) of Part 1 of Division 2 of Title 5 of the Government Code.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 5786-5786.31

PUBLIC RESOURCES CODE
SECTION 5786-5786.31



5786.  A district may:
   (a) Organize, promote, conduct, and advertise programs of
community recreation, including, but not limited to, parks and open
space, parking, transportation, and other related services that
improve the community's quality of life.
   (b) Establish systems of recreation and recreation facilities,
including, but not limited to, parks and open space.
   (c) Acquire, construct, improve, maintain, and operate recreation
facilities, including, but not limited to, parks and open space, both
inside and beyond the district's boundaries.




5786.1.  A district shall have and may exercise all rights and
powers, expressed or implied, necessary to carry out the purposes and
intent of this chapter, including, but not limited to, the following
powers:
   (a) To sue and be sued.
   (b) To acquire any real or personal property within or outside the
district, to hold, manage, occupy, dispose of, convey and encumber
the property, and to create a leasehold interest in the property for
the benefit of the district.
   (c) To acquire any real or personal property by eminent domain
within the boundaries of the district, pursuant to Section 5786.5.
   (d) To appoint necessary employees, to define their qualifications
and duties, and to provide a schedule of compensation for
performance of their duties.
   (e) To engage counsel and other professional services.
   (f) To enter into and perform all necessary contracts pursuant to
Article 53.5 (commencing with Section 20815) of Chapter 1 of Part 3
of the Public Contract Code.
   (g) To borrow money, give security therefor, and purchase on
contract, as provided in this chapter.
   (h) To adopt a seal and alter it at pleasure.
   (i) To adopt ordinances following the procedures of Article 7
(commencing with Section 25120) of Chapter 1 of Part 2 of Division 2
of Title 3 of the Government Code.
   (j) To adopt and enforce rules and regulations for the
administration, operation, use, and maintenance of the recreation
facilities, programs, and services listed in Section 5786.
   (k) To enter joint powers agreements pursuant to the Joint
Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
   (l) To provide insurance pursuant to Part 6 (commencing with
Section 989) of Division 3.6 of Title 1 of the Government Code.
   (m) To perform any acts necessary to carry out the provisions of
this chapter.



5786.3.  When acquiring, improving, or using any real property, a
district shall comply with Article 5 (commencing with Section 53090)
of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code, and Article 7 (commencing with Section 65400) of Chapter 1 of
Division 1 of Title 7 of the Government Code.



5786.5.  (a) If a district was formed without the power of eminent
domain, the district shall not exercise eminent domain to acquire any
real or personal property, except as provided by subdivision (d).
   (b) If a district was formed with the power to acquire any real or
personal property by eminent domain within the boundaries of the
district, the district shall comply with the requirements of the
Eminent Domain Law, Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure.
   (c) In addition to the requirements imposed by subdivision (b),
before a district may exercise the power of eminent domain, it shall
first obtain the approval of the city council if the property is
located in incorporated territory or the county board of supervisors
if the property is located in unincorporated territory. The district
shall notify the property owner of the district's request to the city
council or county board of supervisors. The district shall mail the
notice to the property owner at least 20 days before the date on
which the city council or county board of supervisors will act on the
district's request.
   (d) (1) If a district was formed with the power to acquire real or
personal property by the power of eminent domain, it shall not
exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election. If a district was formed without the power to
acquire real or personal property by the power of eminent domain, it
may exercise that power if a majority of the voters voting upon the
question are in favor of the question at a general district or
special election.
   (2) The board of directors may adopt a resolution placing the
question on the ballot. Alternatively, upon receipt of a petition
signed by at least 25 percent of the registered voters of the
district, the board of directors shall adopt a resolution placing the
question on the ballot.
   (3) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
   (4) Before circulating any petition pursuant to this subdivision,
the proponents shall publish a notice of intention which shall
include a written statement not to exceed 500 words in length,
setting forth the reasons for the proposal. The notice shall be
published pursuant to Section 6061 of the Government Code in one or
more newspapers of general circulation within the district. If the
district is located in more than one county, publication of the
notice shall be made in at least one newspaper of general circulation
in each county.
   (5) The notice shall be signed by at least one, but not more than
three, proponents and shall be in substantially the following form:
                      "Notice of Intent to Circulate Petition
   Notice is hereby given of the intention to circulate a petition
affecting power of eminent domain of the ______ (name of the
district). The petition proposes that ______ (description of the
proposal)."

   (6) Within five days after the date of publication, the proponents
shall file with the secretary of the board of directors a copy of
the notice together with an affidavit made by a representative of the
newspaper in which the notice was published certifying to the fact
of publication. After the filing, the petition may be circulated for
signatures.
   (7) Sections 100 and 104 of the Elections Code shall govern the
signing of the petition and the format of the petition. A petition
may consist of a single instrument or separate counterparts. The
proponents shall file the petition, together with all counterparts,
with the secretary of the board of directors. The secretary shall not
accept a petition for filing unless the signatures have been secured
within six months of the date on which the first signature was
obtained and the proponents submitted the petition to the secretary
for filing within 60 days after the last signature was obtained.
   (8) Within 30 days after the date of filing a petition, the
secretary of the board of directors shall cause the petition to be
examined by the county elections official, in accordance with
Sections 9113 to 9115, inclusive, of the Elections Code, and shall
prepare a certificate of sufficiency indicating whether the petition
is signed by the requisite number of signers.
   (9) If the certificate of the secretary shows the petition to be
insufficient, the secretary shall immediately give notice by
certified mail of the insufficiency to the proponents. That mailed
notice shall state in what amount the petition is insufficient.
Within 15 days after the date of the notice of insufficiency, the
proponents may file with the secretary a supplemental petition
bearing additional signatures.
   (10) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify the results in writing of his or her examination.
   (11) The secretary shall sign and date a certificate of
sufficiency. That certificate shall also state the minimum signature
requirements for a sufficient petition and show the results of the
secretary's examination. The secretary shall mail a copy of the
certificate of sufficiency to the proponents.
   (12) Once the proponents have filed a sufficient petition, the
board of directors shall adopt the resolution required by paragraph
(2).


5786.7.  Notwithstanding any other provision of law:
   (a) If a majority of the voters voting on the question at a
general district or special district election are in favor, the
Parker Dam Recreation and Park District may do all of the following:
   (1) Purchase or lease electric power from any public agency or
private entity for use within the district's boundaries.
   (2) Acquire water and water rights and do any act necessary to
furnish sufficient water for beneficial use within the district's
boundaries.
   (3) Sell, dispose of, and distribute water and electric power for
use within the district's boundaries.
   (4) Provide street lighting facilities and services.
   (b) Provided that the authority to exercise these powers is
approved by the local agency formation commission and conforms to
Article XIII C of the California Constitution, the Camp Meeker
Recreation and Park District may exercise the powers of a county
water district pursuant to:
   (1) Article 1 (commencing with Section 31000) to Article 9
(commencing with Section 31100), inclusive, of Part 5 of Division 12
of the Water Code.
   (2) Part 6 (commencing with Section 31300) of Division 12 of the
Water Code.
   (3) Part 7 (commencing with Section 31650) of Division 12 of the
Water Code.
   (c) The Coachella Valley Recreation and Park District and the
Hesperia Recreation and Park District may provide street lighting
facilities and services.
   (d) The Lucerne Recreation and Park District may exercise any of
the powers, functions, and duties of a fire protection district
pursuant to the Fire Protection District Law of 1987, Part 3
(commencing with Section 13800) of Division 12 of the Health and
Safety Code.



5786.9.  (a) A district shall have perpetual succession.
   (b) A board of directors may, by a four-fifths vote of its total
membership, adopt a resolution to change the name of the district.
The resolution shall comply with the requirements of Chapter 23
(commencing with Section 7530) of Division 7 of Title 1 of the
Government Code. The board of directors shall not change the name of
the district to the name of any living individual. Within 10 days of
its adoption, the board of directors shall file a copy of its
resolution with the Secretary of State, the county clerk, the board
of supervisors, and the local agency formation commission of each
county in which the district is located.
   (c) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.



5786.11.  (a) A district may cooperate with any city, county,
special district, school district, state agency, or federal agency to
carry out the purposes and intent of this chapter. To that end, a
district may enter into agreements with those other public agencies
to do any and all things necessary or convenient in carrying out the
purposes and intent of this chapter.
   (b) A district may jointly acquire, construct, improve, maintain,
and operate recreation facilities and programs of community
recreation with any other public agency. Nothing in this chapter
shall be construed to prohibit any joint or cooperative action with
other public agencies.



5786.13.  A district may contract with other public agencies to
provide recreation facilities and programs of community recreation
within the district's boundaries. A district may contract with other
public agencies to provide recreation facilities and programs of
community recreation within the boundaries of other public agencies.




5786.15.  (a) Each district shall adopt policies and procedures,
including bidding regulations, governing the purchase of supplies and
equipment. Each district shall adopt these policies and procedures
by rule or regulation pursuant to Article 7 (commencing with Section
54201) of Chapter 5 of Division 2 of Title 5 of the Government Code.
   (b) A district may request the Department of General Services to
make purchases of materials, equipment, or supplies on its behalf
pursuant to Section 10324 of the Public Contract Code.
   (c) A district may request the purchasing agent of the principal
county to make purchases of materials, equipment, or supplies on its
behalf, pursuant to Article 7 (commencing with Section 25500) of
Chapter 5 of Division 2 of Title 3 of the Government Code.
   (d) A district may request the purchasing agent of the principal
county to contract with persons to provide recreation facilities and
programs of community recreation, pursuant to Article 7 (commencing
with Section 25500) of Chapter 5 of Division 2 of Title 3 of the
Government Code. The district shall be responsible for and maintain
control over those recreational facilities and programs of community
recreation.
   (e) A district may lease or rent private vehicles or equipment
owned by district employees.



5786.17.  (a) Violation of any rule, regulation, or ordinance
adopted by a board of directors is a misdemeanor punishable pursuant
to Section 19 of the Penal Code.
   (b) Any citation issued by a district for violation of a rule,
regulation, or ordinance adopted by a board of directors may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
   (c) To protect property and to preserve the peace at recreation
facilities and other property owned or managed by a district, the
board of directors may confer on designated uniformed district
employees the power to issue citations for misdemeanor and infraction
violations of state law, city or county ordinances, or district
rules, regulations, or ordinances when the violation is committed
within a recreation facility and in the presence of the employee
issuing the citation. District employees shall issue citations
pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of
Part 2 of the Penal Code.



5786.19.  (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code
applies to all districts.
   (b) A board of directors may adopt an ordinance establishing an
employee relations system which may include, but is not limited to, a
civil service system or a merit system.
   (c) With the prior permission of the board of supervisors of the
principal county, or in the case of a district which contains no
unincorporated territory with the prior permission of the city
council, a board of directors may adopt an ordinance that makes the
employees of the district subject to the employee relations system of
the principal county or that city. The board of directors may adopt
an ordinance that withdraws the employees of the district from the
employee relations system of the principal county or that city. A
district in which the employees of the district are subject to the
employee relations system of the principal county or that city shall
receive employee relations services at cost from the county or city.



5786.21.  If a county board of supervisors has appointed itself as
the board of directors and the county has by ordinance provided a
civil service system:
   (a) A county employee holding a classified civil service position
for which eligibility has been established by a competitive
examination and certification, and which is similar in grade or class
to a district position, shall, at the district's request, be
certified by the county civil service commission as being eligible to
transfer to and hold that position in the district with the same
status and without further examination.
   (b) A district employee holding a classified civil service
position for which eligibility has been established by a competitive
examination and certification, and that is similar in grade or class
to a county position, shall, at the county's request, be certified by
the county civil service commission as being eligible to transfer to
and hold that position in the county with the same status and
without further examination.
   (c) Any person entitled to participate in promotional examinations
for classified civil service positions in either the county or the
district shall be entitled to participate in promotional examinations
for classified civil service positions for both the county and the
district, pursuant to the civil service commission's rules, and to be
certified for those positions by the county civil service commission
or board of supervisors, and to be appointed to those positions.



5786.23.  (a) This section shall apply only to a district where all
of the following apply:
   (1) The county board of supervisors has appointed itself as the
board of directors.
   (2) The county has by ordinance provided a civil service system.
   (3) The county operates under a freeholders' charter that requires
that in the fixing of salaries or wages for county employees subject
to the county's civil service system, the board of supervisors shall
provide a salary or wage at least equal to the prevailing salary or
wage for the same quality of service rendered to private persons
under similar employment, if the prevailing salary or wage can be
ascertained.
   (b) In fixing the salary or wage for district employees subject to
the county's civil service system, the board of directors shall
provide a salary or wage equal to the salary or wage paid to county
employees for the same quality of service.



5786.25.  A board of directors may require any employee or officer
to be bonded. The district shall pay the cost of the bonds.



5786.27.  A board of directors may provide for any programs for the
benefit of its employees and members of the board of directors
pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of
Division 2 of Title 5 of the Government Code.




5786.29.  A district may authorize the members of its board of
directors and its employees to attend professional or vocational
meetings and pay their actual and necessary traveling and incidental
expenses while on official business.


5786.31.  Whenever the boundaries of a district or a zone change,
the district shall comply with Chapter 8 (commencing with Section
54900) of Part 1 of Division 2 of Title 5 of the Government Code.


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