BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 211| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 211 Page 2 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 CONTINUED SB 211 Page 3 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 CONTINUED SB 211 Page 4 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CONTINUED SB 211 Page 5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 CONTINUED SB 211 Page 6 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. ARGUMENTS IN OPPOSITION : The California Association of Local Agency Formation Commissions opposes this bill because they believe that it circumvents the objectives and intent of the Cortese Knox Hertzberg Local Government Reorganization Act.. AGB:cm 4/15/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED