Article 7 - Powers and Duties

California Public Resources Code — §§ 5786-5786.31

Sections (14)

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

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.

Amended by Stats. 2005, Ch. 158, Sec. 29.1. Effective January 1, 2006.

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.