Existing law authorizes proceedings for the formation of a regional park, park and open-space, or open-space district to be initiated pursuant to a petition signed by at least 5,000 electors residing within the proposed district territory and presented to the county board of supervisors, as specified. Existing law also authorizes proceedings for district formation in specified counties to be initiated by resolution of the county board of supervisors adopted after a noticed hearing, and specifies the contents of the resolution.

This bill would, in lieu of the petition described above, authorize the formation of a district by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. The bill would require the resolution to contain certain information, including the methods by which the district would be financed. The bill would require a public hearing before the adoption of the resolution, as provided.

Existing law authorizes proceedings for the formation of a regional park, park and open-space, or open-space district to be initiated pursuant to a petition signed by at least 5,000 electors residing within the proposed district territory and presented to the county board of supervisors, as specified. Existing law also authorizes proceedings for district formation in specified counties to be initiated by resolution of the county board of supervisors adopted after a noticed hearing, and specifies the contents of the resolution.

This bill would, in lieu of the petition described above, authorize the formation of a district by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. The bill would require the resolution to contain certain information, including the methods by which the district would be financed. The bill would require a public hearing before the adoption of the resolution, as provided.

Existing law authorizes proceedings for the formation of a regional park, park and open-space, or open-space district to be initiated pursuant to a petition signed by at least 5,000 electors residing within the proposed district territory and presented to the county board of supervisors, as specified. Existing law also authorizes proceedings for district formation in specified counties to be initiated by resolution of the county board of supervisors adopted after a noticed hearing, and specifies the contents of the resolution.

This bill would would, in lieu of the petition described above, authorize the formation of a district by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. The bill would require the resolution to contain certain information, including the methods by which the district would be financed. The bill would require a public hearing before the adoption of the resolution, as provided.

Existing law authorizes proceedings for the formation of a regional park, park and open-space, or open-space district to be initiated pursuant to a petition signed by at least 5,000 electors residing within the proposed district territory and presented to the county board of supervisors, as specified. Existing law also authorizes proceedings for district formation in specified counties to be initiated by resolution of the county board of supervisors adopted after a noticed hearing, and specifies the contents of the resolution.

This bill would authorize the formation of a district by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. The bill would require the resolution to contain certain information, including the methods by which the district would be financed. The bill would require a public hearing before the adoption of the resolution, as provided.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2600

Author:(Flora)

As Amended Ver:June 26, 2018

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Establishes an alternative procedure for forming a regional park and open space district.

The Senate amendments:

1. Require a county or city that uses the alternative procedure authorized by this bill to provide notice of the bill's required public hearing on the county's or city's Internet Web site (website).
2. Make technical and clarifying changes.

AS PASSED BY THE ASSEMBLY, this bill:

1. Authorized a proposal to form a new regional park and open space district to be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district.
2. Required the resolution of application to contain all of the following:
   1. The methods by which the district will be financed, including, but not limited to, special taxes and fees;
   2. The proposed name for the district and the reasons for forming it; and,
   3. A description of the territory to be included.
3. Required the legislative body, before adopting a resolution of application, to hold a public hearing on the resolution.
4. Required notice of the hearing to be published in one or more newspapers of general circulation within the county or city.
5. Required the legislative body to provide mailed notice of its hearing to the executive officer of the local agency formation commission (LAFCO) of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.
6. Required the legislative body at the hearing to provide any person an opportunity to present his or her views on the resolution of application.
7. Required the clerk of the legislative body to file a certified copy of the resolution of application with the executive officer of the LAFCO of the principal county.

FISCAL EFFECT: None

COMMENTS:

1. Author's Statement. According to the author, "The current process for proposing and approving the formation of a regional park or open space district is uneven and unnecessarily archaic across California. The restrictive initiation requirement of the gathering and presentation of 5,000 signatures is an antiquated feature of the open space district law of 1939, which has not been updated since its passage. This requirement increases the time and cost for proponents to initiate regional open space district formation proposals.

"Several counties have individually sought legislative solutions allowing for the authorization to form these spaces through the county board of supervisors adopting a resolution after a hearing as an alternative to the collection and presentation of 5,000 signatures. However, many counties are still forced to go through the cumbersome process before being able to proceed with the formation of these spaces.

"This commonsense update to the authorizations afforded to local legislative bodies would bring the formation of these districts and parks to the standard of what is currently afforded to those districts which have sought individual legislative fixes for this process. AB 2600 promotes continuity of the approval process across California for the formation of these valuable districts and parks. By providing a streamlined and less costly process, AB 2600 ensures that open space districts and parks are an efficient option for the needs of all California communities."

This bill is sponsored by the author.

1. Background. Existing law governs the formation, powers, governance, and financial tools provided to regional park and open space districts. As a special district, regional park and open space districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs, directing the LAFCOs to discourage urban sprawl, preserve open space and agricultural lands, provide efficient government services, and encourage orderly growth while considering local conditions and circumstances.

In order to form a regional park and open space district, current law generally requires LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, approval by the county board of supervisors in a public meeting, and majority voter approval.

The powers granted to regional park and open space districts include acquiring and preserving regional greenbelts of open space land, and protecting and restoring the natural environments. The principal act establishes directly-elected boards for regional park and open space districts. However, the Legislature has granted the authority for districts to be governed by county supervisors and by a board appointed by county supervisors.

The Legislature has authorized eight counties [Marin (1972), Riverside (1989), San Bernardino (1990), Sonoma (1990), Los Angeles (1991), Napa (1992), Sacramento (1993), and San Diego (1993)] to expedite the formation of a new regional and open space district by exempting formation from both LAFCO approval and the circulation of petitions. The Legislature also authorized two counties [Santa Barbara (2000), and Ventura (2002)] to forgo the circulation of petitions, but maintained LAFCO review and approval.

More recently, SB 365 (Dodd), Chapter 216, Statutes of 2017, allowed the Solano County Board of Supervisors to initiate the formation of a regional park and open space district by adopting a resolution and calling an election in lieu of LAFCO approval and circulating a petition.

1. Bill Summary. This bill establishes an alternative procedure for forming a regional park and open space district by allowing the legislative body of any county or city that contains the territory proposed to be included in the district to form a district by adopting a resolution of application. The resolution must contain: the methods by which the district will be financed, including, but not limited to, special taxes and fees; the proposed name for the district and the reasons for forming it; and, a description of the territory to be included.

The legislative body must hold a public hearing on the resolution before adopting it, and must publish notice of the hearing in one or more newspapers of general circulation within the county or city and on the county's or city's website. It also must provide mailed notice of the hearing to the executive officer of the local LAFCO of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.

At the hearing, the legislative body must provide any person an opportunity to present his or her views on the resolution. The clerk of the legislative body must file a certified copy of the resolution with the executive officer of the LAFCO of the principal county.

1. Arguments in Support. The California Association of Local Agency Formation Commissions (CALAFCO) states, "CALAFCO supports the availability of a more streamlined and less costly initiation process for Regional Park and Open Space Districts…Further, keeping the LAFCO application process intact also allows for the appropriate detailed review to ensure the efficient and sustainable provision of services."
2. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003739

 THIRD READING  

Bill No: AB 2600

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/20/18

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach

ASSEMBLY FLOOR: 72-2, 4/23/18 - See last page for vote

SUBJECT:

SOURCE: California Association of Local Agency Formation Commissions

DIGEST:

This bill establishes an alternative procedure for forming a regional park and open space district.

ANALYSIS:

Existing law:

1. Creates a local agency formation commission (LAFCO) within each county to control the boundaries of cities and special districts within that county.
2. Allows for the formation of a regional park and open space district with LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, and approval by the county board of supervisors in a public meeting. Finally, voters must approve of the formation of the district at an election.

This bill:

1. Authorizes a proposal to form a new regional park and open space district to be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district, in lieu of the petition required under existing law.
2. Requires the resolution of application to contain all of the following:
   1. The methods by which the district will be financed, including, but not limited to, special taxes and fees;
   2. The proposed name for the district and the reasons for forming it; and,
   3. A description of the territory to be included.
3. Requires the legislative body, before adopting a resolution of application, to hold a public hearing on the resolution.
4. Requires notice of the hearing to be published in one or more newspapers of general circulation within the county or city and posted on the city or county’s Web site.
5. Requires the legislative body to provide mailed notice of its hearing to the executive officer of the LAFCO of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.
6. Requires the legislative body at the hearing to provide any person an opportunity to present his or her views on the resolution of application.
7. Requires the clerk of the legislative body to file a certified copy of the resolution of application with the executive officer of the LAFCO of the principal county.

Background

Local agency formation commissions. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act) controls how local officials change the boundaries of cities and special districts, putting LAFCOs in charge of the proceedings. LAFCOs are tasked with ensuring that services are effectively and efficiently delivered, and local governments can only exercise their powers and provide services where allowed to by LAFCO. To accomplish these goals, LAFCOs preside over boundary changes that include the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts. The CKH Act describes the procedures that local governments and LAFCOs must follow when approving a boundary change, such as specifying the contents of petitions for the formation of new special districts.

Regional park and open space districts. State law governs the formation, powers, governance, and financial tools provided to regional park and open space districts. The principal act for these districts allows them to acquire and preserve regional greenbelts of open space land, as well as protect and restore the natural environment. It also establishes directly-elected boards for regional park and open space districts. However, the Legislature has granted the authority for districts to be governed by county supervisors and by a board appointed by county supervisors.

As a special district, regional park and open space districts are subject to LAFCO jurisdiction and the proceedings contained in the CKH Act. In order to form a regional park and open space district, current law requires LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, and approval by the county board of supervisors in a public meeting. Finally, voters must approve of the formation of the district at an election.

Because it can be time-consuming and costly to collect signatures and hold an election, the Legislature has authorized eight counties to expedite the formation of new regional park and open space districts by exempting formation from both LAFCO approval and the circulation of petitions, including: Marin (1972), Riverside (1989), San Bernardino (1990), Sonoma (1990), Los Angeles (1991), Napa (1992), Sacramento (1993), and San Diego (1993). The Legislature also authorized two counties—Santa Barbara (2000), and Ventura (2002)—to forgo the circulation of petitions, but maintained LAFCO review and approval.

More recently, SB 365 (Dodd, Chapter 216, Statutes of 2017) allowed the Solano County Board of Supervisors to initiate the formation of a regional park and open space district by adopting a resolution and calling an election in lieu of LAFCO approval and circulating a petition.

The California Association of Local Agency Formation Commissions wants to establish a standardized process to streamline the formation of regional park and open space districts.

Comments

1. Purpose of this bill. Regional park and open space districts provide many benefits, including to enhance outdoor recreational opportunities and facilities, improve quality of life for nearby communities, preserve natural lands, increase economic activity and employment opportunities, increase property values, and improve air and water quality. But the cost and time needed to circulate a petition in order to establish these districts has been an obstacle to their formation, leading many counties to bypass these processes and instead ask the Legislature for one-off authorizations to create these districts through other processes. These special acts often bypass the LAFCO process, which the Legislature created to ensure that services are provided efficiently to residents in each county, as well as circumventing the local election process. AB 2600 provides a streamlined process for formation of regional park and open space districts that allows a board of supervisors or city council that contains the proposed area of the district to adopt a resolution of application in lieu of requiring a petition. AB 2600 preserves the integrity of the LAFCO process and ensures that LAFCOs continue to serve their purpose as the Legislature’s watchdog over boundaries. This bill also retains the election process to ensure that local residents have a voice in the formation of the district.
2. Sure, but will it work? The petition process is not the only costly part of the formation process: it can be even more costly to hold an election for the formation of the district—and the outcome less certain. Local officials that want to form a regional park and open space district may come to the Legislature not just to avoid the petition but the election process as well. AB 2600, in attempting to strike a balance between public participation and cost effectiveness, provides an alternative to the petition, but not the election. Accordingly, it is unclear whether AB 2600 will reduce the number of requests that the Legislature sees for direct legislative creation of these types of districts.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/18)

California Association of Local Agency Formation Commissions (source)

Amador County LAFCO

California State Parks Foundation

Contra Costa LAFCO

Fresno LAFCO

Marin LAFCO

Mendocino LAFCO

R.E.A.C.H. San Benito Parks Foundation

San Benito County LAFCO

San Mateo LAFCO

Santa Clara LAFCO

Solano LAFCO

Stanislaus County Board of Supervisors

Yolo LAFCO

OPPOSITION: (Verified 6/27/18)

None received

ASSEMBLY FLOOR: 72-2, 4/23/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Harper

NO VOTE RECORDED: Brough, Cristina Garcia, Eduardo Garcia, Quirk

Prepared by:

6/27/18 17:31:13

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2017 - 2018 Regular

Regional park and open space districts

Establishes an alternative procedure for forming a regional park and open space district.

Background

Local agency formation commissions. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH Act) controls how local officials change the boundaries of cities and special districts, putting local agency formation commissions (LAFCOs) in charge of the proceedings. LAFCOs are tasked with ensuring that services are effectively and efficiently delivered, and local governments can only exercise their powers and provide services where allowed to by LAFCO. To accomplish these goals, LAFCOs preside over boundary changes that include the formation of new cities and special districts, modifications of existing boundaries, and dissolutions of unsustainable special districts. The CKH Act describes the procedures that local governments and LAFCOs must follow when approving a boundary change, such as specifying the contents of petitions for the formation of new special districts.

Regional park and open space districts. State law governs the formation, powers, governance, and financial tools provided to regional park and open space districts. The principal act for these districts allows them to acquire and preserve regional greenbelts of open space land, as well as protect and restore the natural environment. It also establishes directly-elected boards for regional park and open space districts. However, the Legislature has granted the authority for districts to be governed by county supervisors and by a board appointed by county supervisors.

As a special district, regional park and open space districts are subject to LAFCO jurisdiction and the proceedings contained in the CKH Act. In order to form a regional park and open space district, current law requires LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, and approval by the county board of supervisors in a public meeting. Finally, voters must approve of the formation of the district at an election.

Because it can be time-consuming and costly to collect signatures and hold an election, the Legislature has authorized eight counties to expedite the formation of new regional park and open space districts by exempting formation from both LAFCO approval and the circulation of petitions, including: Marin (1972), Riverside (1989), San Bernardino (1990), Sonoma (1990), Los Angeles (1991), Napa (1992), Sacramento (1993), and San Diego (1993). The Legislature also authorized two counties—Santa Barbara (2000), and Ventura (2002)—to forgo the circulation of petitions, but maintained LAFCO review and approval.

More recently, SB 365 (Dodd, 2017), allowed the Solano County Board of Supervisors to initiate the formation of a regional park and open space district by adopting a resolution and calling an election in lieu of LAFCO approval and circulating a petition.

The California Association of Local Agency Formation Commissions wants to establish a standardized process to streamline the formation of regional park and open space districts.

Proposed Law

Assembly Bill 2600 authorizes, in lieu of the petition required under existing law, a proposal to form a new regional park and open space district to be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. AB 2600 requires the resolution of application to contain all of the following:

• The methods by which the district will be financed, including, but not limited to, special taxes and fees;
• The proposed name for the district and the reasons for forming it; and,
• A description of the territory to be included.

AB 2600 requires the legislative body, before adopting a resolution of application, to hold a public hearing on the resolution and requires notice of the hearing to be published in one or more newspapers of general circulation within the county or city.

AB 2600 requires the legislative body to provide mailed notice of its hearing to the executive officer of the LAFCO of the principal county of the proposed district at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district. AB 2600 requires the legislative body at the hearing to provide any person an opportunity to present his or her views on the resolution of application.

AB 2600 requires the clerk of the legislative body to file a certified copy of the resolution of application with the executive officer of the LAFCO of the principal county.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Regional park and open space districts provide many benefits, including to enhance outdoor recreational opportunities and facilities, improve quality of life for nearby communities, preserve natural lands, increase economic activity and employment opportunities, increase property values, and improve air and water quality. But the cost and time needed to circulate a petition in order to establish these districts has been an obstacle to their formation, leading many counties to bypass these processes and instead ask the Legislature for one-off authorizations to create these districts through other processes. These special acts often bypass the LAFCO process, which the Legislature created to ensure that services are provided efficiently to residents in each county, as well as circumventing the local election process. AB 2600 provides a streamlined process for formation of regional park and open space districts that allows a board of supervisors or city council that contains the proposed area of the district to adopt a resolution of application in lieu of requiring a petition. AB 2600 preserves the integrity of the LAFCO process and ensures that LAFCOs continue to serve their purpose as the Legislature’s watchdog over boundaries. The bill also retains the election process to ensure that local residents have a voice in the formation of the district.

2. Direct democracy. The current process for forming a regional park and open space district requires a petition prior to taking any of the other steps in the process. This ensures that there is sufficient demand among local residents for the formation of a park to proceed with the rest of the process and provides a direct voice for the people in the formation process. AB 2600 removes this step in the process and replaces it with action by the legislative body of a city or county who would have territory covered by the new district. Does the addition of a means to avoid the petition allow for an adequate amount of public input into the decision to form a new district? The Committee may wish to consider amending AB 2600 to increase public participation, such as by requiring additional hearings before a city council or board of supervisors can submit a proposal to LAFCO, by retaining the signature requirement but reducing the number of signatures required, or by requiring the resolution to be publicly available on the local government’s website in addition to being posted in a newspaper.

3. Sure, but will it work? The petition process is not the only costly part of the formation process: it can be even more costly to hold an election for the formation of the district—and the outcome less certain. Local officials that want to form a regional park and open space district may come to the Legislature not just to avoid the petition but the election process as well. AB 2600, in attempting to strike a balance between public participation and cost effectiveness, provides an alternative to the petition, but not the election. Accordingly, it is unclear whether AB 2600 will reduce the number of requests that the Legislature sees for direct legislative creation of these types of districts.

Assembly Actions

Assembly Local Government Committee: 9-0

Assembly Floor: 72-2

Support and Opposition

(6/15/18)

Support: Amador County LAFCO; CALAFCO; California State Parks Foundation; Contra Costa LAFCO; Fresno LAFCO; Marin LAFCO; Mendocino LAFCO; R.E.A.C.H. San Benito Parks Foundation; San Benito LAFCO; San Mateo LAFCO; Santa Clara LAFCO; Solano LAFCO; Stanislaus County Board of Supervisors; Yolo LAFCO.

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2600

Author:(Flora)

As Introduced Ver:February 15, 2018

Majority vote

SUMMARY: Establishes an alternative procedure for forming a regional park and open space district. Specifically, this bill:

1. Authorizes a proposal to form a new regional park and open space district to be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district.
2. Requires the resolution of application to contain all of the following:
   1. The methods by which the district will be financed, including, but not limited to, special taxes and fees;
   2. The proposed name for the district and the reasons for forming it; and,
   3. A description of the territory to be included.
3. Requires the legislative body, before adopting a resolution of application, to hold a public hearing on the resolution.
4. Requires notice of the hearing to be published in one or more newspapers of general circulation within the county or city.
5. Requires the legislative body to provide mailed notice of its hearing to the executive officer of the local agency formation commission (LAFCO) of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.
6. Requires the legislative body at the hearing to provide any person an opportunity to present his or her views on the resolution of application.
7. Requires the clerk of the legislative body to file a certified copy of the resolution of application with the executive officer of the LAFCO of the principal county.

FISCAL EFFECT: None

COMMENTS:

1. Author's Statement. According to the author, "The current process for proposing and approving the formation of a regional park or open space district is uneven and unnecessarily archaic across California. The restrictive initiation requirement of the gathering and presentation of 5,000 signatures is an antiquated feature of the open space district law of 1939, which has not been updated since its passage. This requirement increases the time and cost for proponents to initiate regional open space district formation proposals.

"Several counties have individually sought legislative solutions allowing for the authorization to form these spaces through the county board of supervisors adopting a resolution after a hearing as an alternative to the collection and presentation of 5,000 signatures. However, many counties are still forced to go through the cumbersome process before being able to proceed with the formation of these spaces.

"This commonsense update to the authorizations afforded to local legislative bodies would bring the formation of these districts and parks to the standard of what is currently afforded to those districts which have sought individual legislative fixes for this process. AB 2600 promotes continuity of the approval process across California for the formation of these valuable districts and parks. By providing a streamlined and less costly process, AB 2600 ensures that open space districts and parks are an efficient option for the needs of all California communities."

This bill is sponsored by the author.

1. Background. Existing law governs the formation, powers, governance, and financial tools provided to regional park and open space districts. As a special district, regional park and open space districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs, directing the LAFCOs to discourage urban sprawl, preserve open space and agricultural lands, provide efficient government services, and encourage orderly growth while considering local conditions and circumstances.

In order to form a regional park and open space district, current law generally requires LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, approval by the county board of supervisors in a public meeting, and majority voter approval.

The powers granted to regional park and open space districts include acquiring and preserving regional greenbelts of open space land, and protecting and restoring the natural environments. The principal act establishes directly-elected boards for regional park and open space districts. However, the Legislature has granted the authority for districts to be governed by county supervisors and by a board appointed by county supervisors.

The Legislature has authorized eight counties [Marin (1972), Riverside (1989), San Bernardino (1990), Sonoma (1990), Los Angeles (1991), Napa (1992), Sacramento (1993), and San Diego (1993)] to expedite the formation of a new regional and open space district by exempting formation from both LAFCO approval and the circulation of petitions. The Legislature also authorized two counties [Santa Barbara (2000), and Ventura (2002)] to forgo the circulation of petitions, but maintained LAFCO review and approval.

More recently, SB 365 (Dodd), Chapter 216, Statutes of 2017, allowed the Solano County Board of Supervisors to initiate the formation of a regional park and open space district by adopting a resolution and calling an election in lieu of LAFCO approval and circulating a petition.

1. Bill Summary. This bill establishes an alternative procedure for forming a regional park and open space district by allowing the legislative body of any county or city that contains the territory proposed to be included in the district to form a district by adopting a resolution of application. The resolution must contain: the methods by which the district will be financed, including, but not limited to, special taxes and fees; the proposed name for the district and the reasons for forming it; and, a description of the territory to be included.

The legislative body must hold a public hearing on the resolution before adopting it, and must publish notice of the hearing in one or more newspapers of general circulation within the county or city. It also must provide mailed notice of the hearing to the executive officer of the local LAFCO of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.

At the hearing, the legislative body must provide any person an opportunity to present his or her views on the resolution. The clerk of the legislative body must file a certified copy of the resolution with the executive officer of the LAFCO of the principal county.

1. Arguments in Support. The California Association of Local Agency Formation Commissions (CALAFCO) states, "CALAFCO supports the availability of a more streamlined and less costly initiation process for Regional Park and Open Space Districts…Further, keeping the LAFCO application process intact also allows for the appropriate detailed review to ensure the efficient and sustainable provision of services."
2. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002700

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 2600 (

Author:Flora) – As Introduced Ver:February 15, 2018

SUBJECT: Regional park and open space districts.

SUMMARY: Establishes an alternative procedure for forming a regional park and open space district. Specifically, this bill:

1. Authorizes a proposal to form a new regional park and open space district to be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district.
2. Requires the resolution of application to contain all of the following:
   1. The methods by which the district will be financed, including, but not limited to, special taxes and fees;
   2. The proposed name for the district and the reasons for forming it; and,
   3. A description of the territory to be included.
3. Requires the legislative body, before adopting a resolution of application, to hold a public hearing on the resolution.
4. Requires notice of the hearing to be published in one or more newspapers of general circulation within the county or city.
5. Requires the legislative body to provide mailed notice of its hearing to the executive officer of the local agency formation commission (LAFCO) of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.
6. Requires the legislative body at the hearing to provide any person an opportunity to present his or her views on the resolution of application.
7. Requires the clerk of the legislative body to file a certified copy of the resolution of application with the executive officer of the LAFCO of the principal county.

FISCAL EFFECT: None

COMMENTS:

1. Author's Statement. According to the author, "The current process for proposing and approving the formation of a regional park or open space district is uneven and unnecessarily archaic across California. The restrictive initiation requirement of the gathering and presentation of 5,000 signatures is an antiquated feature of the open space district law of 1939, which has not been updated since its passage. This requirement increases the time and cost for proponents to initiate regional open space district formation proposals.

"Several counties have individually sought legislative solutions allowing for the authorization to form these spaces through the county board of supervisors adopting a resolution after a hearing as an alternative to the collection and presentation of 5,000 signatures. However, many counties are still forced to go through the cumbersome process before being able to proceed with the formation of these spaces.

"This commonsense update to the authorizations afforded to local legislative bodies would bring the formation of these districts and parks to the standard of what is currently afforded to those districts which have sought individual legislative fixes for this process. AB 2600 promotes continuity of the approval process across California for the formation of these valuable districts and parks. By providing a streamlined and less costly process, AB 2600 ensures that open space districts and parks are an efficient option for the needs of all California communities."

This bill is sponsored by the author.

1. Background. Existing law governs the formation, powers, governance, and financial tools provided to regional park and open space districts. As a special district, regional park and open space districts are subject to LAFCO jurisdiction and are subject to the proceedings contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs, directing the LAFCOs to discourage urban sprawl, preserve open space and agricultural lands, provide efficient government services, and encourage orderly growth while considering local conditions and circumstances.

In order to form a regional park and open space district, current law generally requires LAFCO approval, a petition signed by at least 5,000 registered voters in the proposed district, approval by the county board of supervisors in a public meeting, and majority voter approval.

The powers granted to regional park and open space districts include acquiring and preserving regional greenbelts of open space land, and protecting and restoring the natural environments. The principal act establishes directly-elected boards for regional park and open space districts. However, the Legislature has granted the authority for districts to be governed by county supervisors and by a board appointed by county supervisors.

The Legislature has authorized eight counties [Marin (1972), Riverside (1989), San Bernardino (1990), Sonoma (1990), Los Angeles (1991), Napa (1992), Sacramento (1993), and San Diego (1993)] to expedite the formation of a new regional and open space district by exempting formation from both LAFCO approval and the circulation of petitions. The Legislature also authorized two counties [Santa Barbara (2000), and Ventura (2002)] to forgo the circulation of petitions, but maintained LAFCO review and approval.

More recently, SB 365 (Dodd), Chapter 216, Statutes of 2017, allowed the Solano County Board of Supervisors to initiate the formation of a regional park and open space district by adopting a resolution and calling an election in lieu of LAFCO approval and circulating a petition.

1. Bill Summary. This bill establishes an alternative procedure for forming a regional park and open space district by allowing the legislative body of any county or city that contains the territory proposed to be included in the district to form a district by adopting a resolution of application. The resolution must contain: the methods by which the district will be financed, including, but not limited to, special taxes and fees; the proposed name for the district and the reasons for forming it; and, a description of the territory to be included.

The legislative body must hold a public hearing on the resolution before adopting it, and must publish notice of the hearing in one or more newspapers of general circulation within the county or city. It also must provide mailed notice of the hearing to the executive officer of the local LAFCO of the principal county at least 20 days before the hearing. The notice must generally describe the proposed formation of the district and the proposed territory of the district.

At the hearing, the legislative body must provide any person an opportunity to present his or her views on the resolution. The clerk of the legislative body must file a certified copy of the resolution with the executive officer of the LAFCO of the principal county.

1. Arguments in Support. The California Association of Local Agency Formation Commissions (CALAFCO) states, "CALAFCO supports the availability of a more streamlined and less costly initiation process for Regional Park and Open Space Districts…Further, keeping the LAFCO application process intact also allows for the appropriate detailed review to ensure the efficient and sustainable provision of services."
2. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Local Agency Formation Commissions

Contra Costa LAFCO

Fresno LAFCO

Mendocino LAFCO

R.E.A.C.H. San Benito Parks Foundation

San Mateo LAFCO

Stanislaus County

Yolo LAFCO

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958