BILL NUMBER: SB 198 CHAPTERED 07/13/99 CHAPTER 96 FILED WITH SECRETARY OF STATE JULY 13, 1999 APPROVED BY GOVERNOR JULY 13, 1999 PASSED THE SENATE JULY 1, 1999 PASSED THE ASSEMBLY JUNE 24, 1999 AMENDED IN ASSEMBLY MAY 17, 1999 AMENDED IN SENATE MARCH 15, 1999 INTRODUCED BY Senator Kelley JANUARY 19, 1999 An act to amend Article 6.1 (commencing with Section 105) of the Lake Cuyamaca Recreation and Park District Act (added by Chapter 1982 of the Statutes of 1963), to add Section 76.5 to Chapter 1654 of the Statutes of 1961, and to add Section 5782.5.1 to the Public Resources Code, relating to recreation and park districts, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 198, Kelley. Lake Cuyamaca Recreation and Park District: lease agreements. (1) The existing Lake Cuyamaca Recreation and Park District Act authorizes the Lake Cuyamaca Recreation and Park District Board, whenever the district board determines, by a 4/5 vote of its entire membership, that it is necessary to enter into a long-term lease agreement for services or property from any person, firm, or corporation to provide adequate recreational facilities and services within the district, to enter into such a lease agreement for a term not exceeding 40 years if approved by not less than 2/3 of the voters of the district voting at an election called for that purpose and prescribes procedures for the conduct of such an election. The act further requires the district board, whenever a long-term lease agreement is entered into pursuant to the act, to establish on the records of the district a Lease Agreement Redemption Fund from which all rental or other consideration for the lease shall be paid, and requires the supervising authority of the district to annually levy a special lease agreement tax to be deposited into the fund, as provided. The act prescribes procedures for the execution of lease agreements entered into by the district if the district dissolves by operation of law, as specified. This bill would eliminate those provisions requiring voter approval for the district board to enter into a long-term lease agreement and prescribing procedures for a district election. The bill would also eliminate those provisions requiring the establishment of a Lease Agreement Redemption Fund and prescribing procedures for the execution of lease agreements entered into by the district if the district dissolves by operation of law. (2) The existing Mello-Roos Community Facilities Act of 1982 authorizes the formation of community facilities districts, and the issuance of bonds and levying of special taxes thereunder, to finance designated public and utility facilities and services. This bill would authorize the district to levy a special tax pursuant to that act. (3) The bill would authorize the District Boards of the Valley-Wide Recreation and Park District and the Coachella Valley Recreation and Park District each to maintain a local checking account or savings account, or both a checking account and savings account, upon approval of the Board of Supervisors of Riverside County, and to transfer funds to those accounts for distribution and payment of ongoing operational expenses, salaries, and debt obligations from accounts that the board of supervisors may establish in the Riverside County Treasury for those districts for those purposes. (4) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5782.5.1 is added to the Public Resources Code, to read: 5782.5.1. The District Board of the Valley-Wide Recreation and Park District and the District Board of the Coachella Valley Recreation and Park District may each maintain a local checking account or savings account, or both a checking account and savings account, upon approval of the Board of Supervisors of Riverside County, and may transfer funds to those accounts for distribution and payment of their respective ongoing operational expenses, salaries, and debt obligations, from accounts that the board of supervisors may establish in the Riverside County Treasury for those districts for those purposes. SEC. 2. Section 76.5 is added to Chapter 1654 of the Statutes of 1961, to read: 76.5. The district may levy and collect a special tax pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) for any of the purposes authorized by that act. SEC. 3. Article 6.1 (commencing with Section 105) of the Lake Cuyamaca Recreation and Park District Act (added by Chapter 1982, Statutes of 1963) is amended to read: Article 6.1. Long-term Leases Sec. 105. If the district board determines, by a four-fifths vote of its entire membership, that it is necessary to enter into a long-term lease agreement for services or property of any kind, including water, from another public agency, or from any person, firm or corporation to provide adequate recreational facilities and services within the district, the district board may enter into such a lease agreement for a term not exceeding 40 years. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution due to the unique circumstances concerning the Lake Cuyamaca, the Valley-Wide, and the Coachella Valley Recreation and Park Districts. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that the Lake Cuyamaca Recreation and Park District may execute a long-term lease with the Helix Water District at the earliest possible time, and to enable the District Board of the Valley-Wide Recreation and Park District and the District Board of the Coachella Valley Recreation and Park District to pay ongoing operational expenses, salaries, and debt obligations, thereby enabling those districts to continue providing recreational services to the public, it is necessary that this act take effect immediately.