BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 211|
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                                 THIRD READING


          Bill No:  SB 211
          Author:   Simitian (D), et al
          Amended:  4/15/09
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  4-1, 4/1/09
          AYES:  Wiggins, Cox, Kehoe, Wolk
          NOES:  Aanestad


           SUBJECT  :    Park district formation:  County of Santa Cruz

           SOURCE  :     Author


           DIGEST  :    This bill allows the Santa Cruz County Board of  
          Supervisors to initiate the formation of a regional park  
          and open space district with boundaries that are  
          coterminous with the County, except for territory within  
          the Midpeninsula Regional Open Space District.  The county  
          supervisors can hold a public hearing, adopt a resolution,  
          and call the election in lieu of the usual petitions and  
          local agency formation commission hearings and decisions.

           ANALYSIS  :    Regional park and open space districts can  
          sell bonds to acquire property by purchase or eminent  
          domain.  They can use general obligation bonds paid for by  
          higher property tax rates that require 2/3-voter approval,  
          Mello-Roos Act bonds paid for by special taxes (parcel  
          taxes) that require 2/3-voter approval, and assessment  
          bonds paid for by benefit assessments that require the  
          property owners' approval with weighted-ballots.  Some of  
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          these regional districts have their own directly-elected  
          boards of directors; county supervisors govern others, ex  
          officio.

          To form a new regional open space district, the proponents  
          must first get approval from the local agency formation  
          commission (LAFCO) and then circulate petitions which must  
          be signed by at least 5,000 registered voters.  A  
          successful petition results in a public hearing by the  
          county board of supervisors which can approve or disapprove  
          the request to form the new district.  If the county  
          supervisors approve, then the matter goes to the ballot.   
          Formation requires majority voter approval.

          This bill allows the Santa Cruz County Board of Supervisors  
          to initiate the formation of a regional park and open space  
          district with boundaries that are coterminous with the  
          County, except for territory within the Midpeninsula  
          Regional Open Space District.  The county supervisors can  
          hold a public hearing, adopt a resolution, and call the  
          election in lieu of the usual petitions and local agency  
          formation commission hearings and decisions.

          This bill requires the county supervisors' resolution to:

          1.Name the district and explain the reasons for its  
            formation.

          2.Describe the district's financing methods.

          3.Specify that a directly-elected board of directors will  
            run the district.

          4.Call the formation election.

          5.Specifies that the proposed district shall not have, and  
            may not exercise, the power of eminent domain pursuant to  
            Section 5542, or any other provision of law, except if  
            the property owner declares in writing that the owner  
            intends to use the provisions of Section 1033 of the  
            Internal Revenue Code to acquire property similar or  
            related in service or use as to be eligible for  
            nonrecognition of gain for income tax purposes


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          The bill allows the county supervisors to combine the  
          formation election with other ballot measures to set the  
          district's appropriations limit, levy special taxes, or  
          authorize general obligation bonds.

           Comments

           In Santa Cruz County, four independent recreation and park  
          districts and a county-run county service area provide park  
          services in the unincorporated communities outside the  
          County's four cities.  Although mostly in San Mateo and  
          Santa Clara counties, the Midpeninsula Regional Open Space  
          District also overlaps a small corner of Santa Cruz County.  
           Open space advocates in Santa Cruz County want to form a  
          countywide regional open space district with a  
          directly-elected board of directors.  Looking to the  
          statutory precedents created for other counties, they want  
          permission to expedite the proposed district's formation.

          The regional park and open space district law is the  
          principal act for such well-known agencies as the East Bay  
          Regional Parks District and the Midpeninsula Regional Open  
          Space District.  Starting in 1972, 10 special bills have  
          allowed county supervisors to start formation proceedings  
          for regional open space districts without the sponsors  
          having to gather more than 5,000 signatures on petitions:

               Los Angeles              SB 659 (Hill, 1991)
               Marin                    AB 2353 (Bagley, 1972)
               Napa                     SB 1306 (Thompson, 1992)
               Riverside                SB 486 (Bergeson, 1989)
               Sacramento               SB 779 (Johnston, 1993)
               San Bernardino           AB 775 (Eaves, 1990)
               Santa Barbara            AB 1613 (Lempert, 2000)
               Sonoma              AB 3630 (Filante, 1990)
               Ventura                  AB 1145 (Jackson, 2002)

          As the following table reports, these special bills usually  
          required the regional open space districts to be  
          coterminous with county boundaries, usually exempted their  
          formations from LAFCO review because they would be  
          coterminous, and usually required the county supervisors to  
          govern the districts ex officio.  The Legislature  
          prohibited three independent districts from using the usual  

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          statutory power of eminent domain to condemn private  
          property.

              Regional Open Space Districts With Special Legislation 

                                        LAFCO     ElectedEminent
           County                     Boundaries  ?          
           review  ?  board  ?  domain  ?

          Los Angeles              Coterminous          
 
          ExemptSupervisorsYes

          Marin                    Coterminous          
 
          ExemptSupervisorsYes

          Napa           Coterminous         Exempt    YesProhibited

          Riverside      Western part        Yes             
 
          SupervisorsYes

          Sacramento*              Coterminous          
 
          ExemptSupervisorsYes

          San Bernardino*          Any territory             
 
          YesSupervisors Yes

          San Diego*               Coterminous          
 
          ExemptSupervisorsYes

          Santa Barbara*      Any territory       Yes  YesProhibited

          Sonoma              Coterminous          
 
          ExemptSupervisorsYes

          Ventura*       Any territory       Yes            Or  
          appointed Prohibited
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

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          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
          - - 
          Santa Cruz**        Nearly              ExemptYesYes
                         coterminous
                                                     * District never  
                                     formed

                                                   ** As proposed by  
          SB 211  
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/15/09)

          Land Trust of Santa Cruz County
          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          Bay Area Open Space Council
          California Council of Land Trusts
          County of Santa Cruz
          Ecology Action
          Friends of Santa Cruz County State Parks
          Midpeninsula Regional Open Space District
          Save Our Shores
          Sempervirens Fund
          The Nature Conservancy
          Watsonville Wetlands Watch

           OPPOSITION  :    (Verified  4/25/09)

          California Association of Local Agency Formation  
          Commissions

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "Although Santa Cruz County is California's second smallest  
          county in area, its beaches, mountains, and rivers are  
          among the prettiest.  The County's agricultural land,  
          forests, and remaining natural habitats are valuable  
          natural resources.  Although state and local parks protect  
          some of these special areas, there is local interest in  
          creating a strong and well-funded program to acquire and  
          preserve more open space.  SB 211 gives local voters the  
          chance to set up an independent special district with that  

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          focus.  Relying on similar legislative precedents for other  
          counties, the bill allows Santa Cruz County officials to  
          expedite the formation of a regional open space district.  

          "Everything that SB 211 makes possible is already within  
          reach of Santa Cruz County's voters and public officials.   
          Current law already allows the Santa Cruz County Board of  
          Supervisors to ask its voters to approve a countywide sales  
          tax hike to pay for acquiring and managing more open space  
          property.  Current law allows the county supervisors and  
          county staff to run a countywide open space program,  
          avoiding the creation of another independent special  
          district with its own directly-elected board of directors  
          and separate employees.  Current law requires the county  
          government to follow the land use policies in its own  
          general plan whey buying open space property, while a  
          separate district would set its own acquisition  
          priorities."

           ARGUMENTS IN OPPOSITION  :    The California Association of  
          Local Agency Formation Commissions opposes this bill  
          because they believe that it circumvents existing law and  
          creates an unfunded local agency.  
           

          AGB:cm  4/15/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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