Existing law authorizes proceedings for the formation of a regional park and open-space or regional open-space district in specified counties in the state 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, in addition, would authorize the formation of a regional district in the County of Solano to be initiated by resolution of the county board of supervisors after a noticed hearing. The bill would specify the contents of the resolution, including a requirement that the resolution call an election, as prescribed.

Existing law authorizes proceedings for the formation of a regional park and open-space or regional open-space district in specified counties in the state 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, in addition, would authorize the formation of a regional district in the County of Solano to be initiated by resolution of the county board of supervisors after a noticed hearing. The bill would specify the contents of the resolution, including a requirement that the resolution call an election, as prescribed.

Existing law authorizes proceedings for the formation of a regional park and open-space or regional open-space district in specified counties in the state 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, in addition, would authorize the formation of a regional district in the County of Solano to be initiated by resolution of the county board of supervisors after a noticed hearing. The bill would specify the contents of the resolution, including the calling of an election, as prescribed.

Existing law authorizes proceedings for the formation of a regional park and open-space or regional open-space district in specified counties in the state 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, in addition, would authorize the formation of a regional district in the County of Solano to be initiated by resolution of the county board of supervisors after a noticed hearing. The bill would specify the contents of the resolution, including the calling of an election, as prescribed.

Existing law authorizes proceedings for the formation of a regional park and open-space or regional open-space district in specified counties in the state 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, in addition, would authorize the formation of a regional district in the County of Solano to be initiated by resolution of the county board of supervisors after a noticed hearing. The bill would specify the contents of the resolution, including the calling of an election, as prescribed.

 UNFINISHED BUSINESS  

Bill No: SB 365

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 3/29/17

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

NO VOTE RECORDED: Moorlach

SENATE FLOOR: 29-10, 5/15/17

AYES: Allen, Atkins, Beall, Bradford, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener, Wilk

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Moorlach, Morrell, Nielsen, Stone

NO VOTE RECORDED: Vidak

ASSEMBLY FLOOR: 59-14, 7/17/17 - See last page for vote

SUBJECT:

SOURCE: County of Solano

DIGEST:

This bill allows the Board of Supervisors for the County of Solano to create a regional park and open space district by resolution.

Assembly Amendments

require the Board of Supervisors of the County of Solano to describe the sources of funding that may be made available immediately by the County upon formation of the regional district.

ANALYSIS:

Existing law:

1. Controls the manner in which local officials change the boundaries of cities and special districts, and designates a local agency formation commission (LAFCO) in each county to oversee boundary changes.
2. Authorizes LAFCOs also control district formations, consolidations, and dissolutions, as well as city incorporations, consolidations, and disincorporations.
3. Authorizes regional park and open space districts to acquire and preserve regional greenbelts of open space land, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.
4. Allows, in order to provide these services, districts to use special taxes, benefit assessments, and general obligation bonds to acquire property by purchase or eminent domain.

This bill:

1. Authorizes the Solano County Board of Supervisors (BOS) to initiate proceedings for the formation of a regional park and open space district or a regional open-space district in lieu of the traditional petition process conducted by the Solano County LAFCO.
2. Requires that the resolution can be adopted only after a public hearing noticed once a week for four successive weeks. The four publications must be in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates.
3. Requires the resolution to do the following:
   • Name the proposed regional districts and state the reasons for forming it.
   • Specify that the BOS shall act as the governing body for the districts.
   • Describe the territory to be included in the district.
   • Describe the sources of funding that may be made available immediately by the County upon formation of the regional district and describe the methods by which the district will be financed.
   • State that the district shall not have or exercise the power of eminent domain.
   • Call and give notice of an election to determine whether the district should be formed.
   • Specify that after 10 years following the formation of the district, the BOS may adopt a resolution placing a question of having an elected board of directors on the local ballot.
4. Specifies that if the BOS decides to place a question on the ballot asking voters whether the district should have an independently elected board of directors, the BOS must first hold a public hearing noticed in a newspaper of general circulation within the district at least once. If a majority of the voters are in favor of having an independently elected board of directors, boundaries of proposed wards or subdistricts must be drawn.
5. Allows the resolution to specify whether the question of formation, establishment of an appropriations limit, taxing authority or authority to sell bonds should appear on a single ballot or multiple ballot measures.
6. Declares that the formation of the regional district shall not be subject to LAFCO review and approval. The formation of the regional district is also not subject to any other provision of LAFCO law.
7. Allows officers and employees of the County of Solano to act as officers and employees of the district. The County of Solano may also provide the services and facilities needed to carry out the functions of the district. Any proceeds from taxes levied by the district may be used to reimburse the County for the actual costs of these services and facilities.

Background

Some regional park and open space districts are classified as independent and have their own directly-elected boards of directors with fixed terms. Independent special districts are a separate, autonomous form of government not controlled by a city or county. Other special districts are defined as dependent and act more comparable to a county or city department. For a dependent regional park and open space district, the relevant board of supervisors serves as the district’s board of directors.

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

The Cortese-Knox-Hertzberg Act of 2000 controls the manner in which local officials change the boundaries of cities and special districts, and designates a LAFCO in each county to oversee boundary changes. Besides the more common annexations to cities and special districts, LAFCOs also control district formations, consolidations, and dissolutions, as well as city incorporations, consolidations, and disincorporations. The statutory mission of LAFCOs is to discourage urban sprawl and encourage the orderly formation and development of local agencies.

In 2015, the BOS for the County of Solano conducted polling to determine public support for an integrated regional park system including the following specified results:

• The public feels strongly that the availability of proximate parks, trails, and recreational opportunities improves their quality of life (89%).
• Keeping parks properly maintained is a necessity (94%).
• Additional parklands and trails should be acquired and opened for use by Solano County residents (80%).
• The public would encourage County officials to continue to explore options for creating an integrated regional parks and open space system (78%).

In 2016, the BOS subsequently commissioned a study to provide recommendations on the formation of a regional park and open space district. This study concluded that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open space district formation that meets the goals and objectives of the County. The study counseled that special legislation could be drafted to do the following:

• Authorize a dependent form of governance.
• Eliminate the power of eminent domain.
• Simplify and streamline the process by allowing the formation to neither be subject to a petition process nor LAFCO review and approval.
• Allow for the BOS to place a question on the local ballot 10 years after formation of the district to determine if the district should have independently elected board members.

Comments

Purpose of the bill. According to the author, “In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District.”

Proper role for LAFCO? The usual LAFCO process for creating a new special district, whether dependent or independent, provides substantial opportunities for public involvement and allows for a thorough vetting of proposed district’s viability and the services it would provide. Exempting the County of Solano from the LAFCO’s authority to review fiscal viability and local service provision and approve of the regional park and open space district may not allow sufficient public involvement in the district’s formation process.

Precedent. SB 365 is similar to 10 earlier bills to expedite the formation of regional open space districts. Additionally, the Legislature has allowed county supervisors to govern by creating a dependent district (e.g., Sonoma County Agricultural Preservation and Open Space District). The principal act for regional park and open space districts requires a directly-elected board of directors (e.g., East Bay Regional Park District). The following are the bills that have been approved by the Legislature to streamline the formation and allow for an alternate governance structure:

• 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)
• Santa Barbara AB 1613 (Lempert, 2000)
• San Bernardino AB 775 (Eaves, 1990)
• San Diego SB 2007 (Alpert, 1993)
• Sonoma AB 3630 (Filante, 1990)
• Ventura AB 1145 (Jackson, 2002)

Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 365 contains findings and declarations explaining the need for legislation that applies only to the Solano County.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/18/17)

County of Solano (source)

Bay Area Ridge Trail Council

Benicia State Parks Association

California State Parks Foundation

Cities of Benicia, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo

East Bay Regional Park District

Greenbelt Alliance

Sierra Club California

Solano County Orderly Growth Committee

Solano County Supervisor Monica Brown

Solano County Trail Advocacy Group

Solano LAFCO

Solano Land Trust

Solano Open Space

OPPOSITION: (Verified 7/18/17)

California Association of Local Agency Formation Commissions

ASSEMBLY FLOOR: 59-14, 7/17/17

AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Baker, Bigelow, Brough, Chávez, Choi, Dahle, Harper, Kiley, Mathis, Mayes, Melendez, Quirk-Silva, Voepel

NO VOTE RECORDED: Acosta, Fong, Gallagher, Irwin, Patterson, Steinorth

Prepared by:

7/19/17 16:26:58

**** END ****

SENATE THIRD READING

STR Bill Id:SB 365

Author:(Dodd)

As Amended Ver:July 13, 2017

Majority vote

SENATE VOTE: 29-10

SUMMARY: Authorizes 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 local agency formation commission (LAFCO) approval and circulating a petition. Specifically, this bill:

1. Authorizes the Solano County Board of Supervisors (Board of Supervisors) to initiate the formation of a regional park and open-space district (district) in Solano County (County) by adopting a resolution in a noticed public hearing and calling an election, in lieu of the petition and related proceedings specified in the principal act for regional park and open-space districts (principal act).
2. Prohibits the formation of the district from being subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act) and specified to provisions relating to LAFCOs in the principal act.
3. Requires the resolution calling for the formation of a district, to do all of the following:
   1. Name the proposed district and state the reasons for forming it;
   2. Specify that the Board of Supervisors shall act, ex officio, as the governing board of the district, as specified;
   3. Describe the territory to be included in the district;
   4. Describe the sources of funding that may be made available by the County upon formation of the district and describe any other methods by which the district will be financed;
   5. Specify that the district is prohibited from exercising the power of eminent domain;
   6. Call and give notice of an election in the proposed district for the purpose of determining whether the district shall be formed;
   7. Include any other matters necessary to the formation of the proposed district; and,
   8. Specify all of the following:
      1. The district's directors may, 10 years after the formation of the district, place the question of having an elected board of directors on the ballot after holding and hearing and adopting a resolution. Establishes notice requirements for hearing on the resolution; and,
      2. The district will have an elected board of directors, if approved by a majority vote, with boundaries of proposed wards or subdistricts drawn subject to existing law. Establishes notice requirements for the election.
4. Requires the district to be formed if a majority of voters voting on the proposition vote in favor of forming the district.
5. Requires the election on the formation of the proposed district to be consolidated with a statewide election or any election conducted throughout Solano County (County);
6. Requires County Counsel to prepare the language in the ballot label. Requires the proposition to specify the matters set forth in the resolution, specified in 3), above.
7. Authorizes the resolution calling the election to provide for a single ballot measure or separate ballot measures on the question of formation, the establishment of an appropriations limit, the authority to impose a special tax or issue bonds, or any combination of those questions.
8. Allows, if the district is created, County officers and employees, ex officio or under contract, to be officers and employees of the district and to discharge the authority and responsibility specified in this bill.
9. Authorizes the County to provide the services and facilities needed to carry out the functions of the district. Authorizes proceeds of special taxes levied by the district pursuant to existing law to be used to reimburse the County for the actual costs of these services and facilities.
10. Makes findings and declarations.

FISCAL EFFECT: None

COMMENTS:

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 Act. 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. Current law 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.

1. Bill Summary. This bill authorizes the Solano County Board of Supervisors to initiate proceedings for the formation of a regional park and open-space district in lieu of the petition process and the formation process under LAFCO law. Under this bill, the Board of Supervisors would adopt a resolution in a noticed public hearing which must contain specified information, including the name and reason for forming the District, the territory of the District, and financing for the District. If formed by a majority vote of voters in the proposed district, the district would be a dependent district governed by the Board of Supervisors.

This bill authorizes, 10 years after the formation of a district, for the Board of Supervisors, as the governing board of a district, to adopt a resolution in a public hearing to put before the voters the question of having an elected board of directors. This provision utilizes the authority granted by the principal act for community services districts (CSD) which provides an option to LAFCOs, as a term and condition of approving the formation of a proposed district that the district is dependent until conversion to an elected board of directors (independent). Under CSD law, a board of supervisors may place the question of having an elected board on the ballot if a number of circumstances occur 10 years after the district's formation.

1. Author's Statement. According to the author, "In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open-space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District."
2. Solano County. In 2015, the Board of Supervisors conducted polling to determine public support for an integrated regional park system, which indicated strong support that keeping parks properly maintained is a necessity, that the availability of proximate parks, trails, and recreational opportunities improves qualify of life, additional parklands and trails should be acquired and opened for residents, and that the public would encourage the County to continue to explore options for creating an integrated regional parks and open-space system. In 2016, the Board of Supervisors commissioned a study to provide recommendations on the formation of a regional park and open-space district. This bill is based on the conclusions found in the study that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open-space district formation that meets the goals and objectives of the County.
3. Prior Legislation. 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. Most recently the Legislature has authorized two counties (Santa Barbara (2000), and Ventura (2002)) to forgo the circulation of petitions, but maintained LAFCO review and approval.
4. Policy Consideration. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs. This bill bypasses LAFCO, and does not require the usual formation process to occur. The Local Government Committee has seen an increasing number of bills seeking to bypass the LAFCO process, therefore, the Legislature may wish to consider if this bill is going against legislative intent that designated fundamental powers to LAFCOs to make these types of decisions. In the past several years, the Legislature has established a modified LAFCO process or exempted specified requirements in the LAFCO process for the formation and consolidation of several special districts following a history of failed attempts at the local level. The Legislature may wish to question if the desire of the County to streamline the formation process and the presence of local consensus is enough to justify the exemption from the LAFCO process.
5. Arguments in Support. Solano County states, "Over the past decade there has been increased interest in preserving the natural and open-space areas Solano County has to offer and increasing opportunities for public access to these areas for hiking and other recreational activities. The formation of a regional park and open-space district or regional open-space district in Solano County is critically needed to help address the unresolved needs in the Solano County area with respect to the preservation of open-space and natural areas and the enhancement of regional parks and recreation facilities, including regional trail connections to the greater San Francisco Bay area."
6. Arguments in Opposition. The California Association of Local Agency Formation Commissions argues, "There appears to be no special provisions in SB 365 that cannot be handled by the LAFCO process. In fact, there are a number of things considered in the LAFCO review process that are not addressed in the special legislation that are cause for concern. These include the issue of potential overlapping jurisdictional boundaries (with the Greater Vallejo Recreation District), the manner in which the district will be funded, and the long-term financial viability of the district."

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0001157

SENATE THIRD READING

STR Bill Id:SB 365

Author:(Dodd)

As Amended Ver:July 5, 2017

Majority vote

SENATE VOTE: 29-10

SUMMARY: Authorizes 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 local agency formation commission (LAFCO) approval and circulating a petition. Specifically, this bill:

1. Authorizes the Solano County Board of Supervisors (Board of Supervisors) to initiate the formation of a regional park and open-space district (district) in Solano County (County) by adopting a resolution in a noticed public hearing and calling an election, in lieu of the petition and related proceedings specified in the principal act for regional park and open-space districts (principal act).
2. Prohibits the formation of the district from being subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act) and specified to provisions relating to LAFCOs in the principal act.
3. Requires the resolution calling for the formation of a district, to do all of the following:
   1. Name the proposed district and state the reasons for forming it;
   2. Specify that the Board of Supervisors shall act, ex officio, as the governing board of the district, as specified;
   3. Describe the territory to be included in the district;
   4. Specify the sources of funding that will be made available immediately by the County upon formation of the district and describe any other methods by which the district will be financed;
   5. Specify that the district is prohibited from exercising the power of eminent domain;
   6. Call and give notice of an election in the proposed district for the purpose of determining whether the district shall be formed;
   7. Include any other matters necessary to the formation of the proposed district; and,
   8. Specify all of the following:
      1. The district's directors may, 10 years after the formation of the district, place the question of having an elected board of directors on the ballot after holding and hearing and adopting a resolution. Establishes notice requirements for hearing on the resolution; and,
      2. The district will have an elected board of directors, if approved by a majority vote, with boundaries of proposed wards or subdistricts drawn subject to existing law. Establishes notice requirements for the election.
4. Requires the district to be formed if a majority of voters voting on the proposition vote in favor of forming the district.
5. Requires the election on the formation of the proposed district to be consolidated with a statewide election or any election conducted throughout Solano County (County);
6. Requires County Counsel to prepare the language in the ballot label. Requires the proposition to specify the matters set forth in the resolution, specified in 3), above.
7. Authorizes the resolution calling the election to provide for a single ballot measure or separate ballot measures on the question of formation, the establishment of an appropriations limit, the authority to impose a special tax or issue bonds, or any combination of those questions.
8. Allows, if the district is created, County officers and employees, ex officio or under contract, to be officers and employees of the district and to discharge the authority and responsibility specified in this bill.
9. Authorizes the County to provide the services and facilities needed to carry out the functions of the district. Authorizes proceeds of special taxes levied by the district pursuant to existing law to be used to reimburse the County for the actual costs of these services and facilities.
10. Makes findings and declarations.

FISCAL EFFECT: None

COMMENTS:

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 Act. 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. Current law 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.

1. Bill Summary. This bill authorizes the Solano County Board of Supervisors to initiate proceedings for the formation of a regional park and open-space district in lieu of the petition process and the formation process under LAFCO law. Under this bill, the Board of Supervisors would adopt a resolution in a noticed public hearing which must contain specified information, including the name and reason for forming the District, the territory of the District, and financing for the District. If formed by a majority vote of voters in the proposed district, the district would be a dependent district governed by the Board of Supervisors.

This bill authorizes, 10 years after the formation of a district, for the Board of Supervisors, as the governing board of a district, to adopt a resolution in a public hearing to put before the voters the question of having an elected board of directors. This provision utilizes the authority granted by the principal act for community services districts (CSD) which provides an option to LAFCOs, as a term and condition of approving the formation of a proposed district that the district is dependent until conversion to an elected board of directors (independent). Under CSD law, a board of supervisors may place the question of having an elected board on the ballot if a number of circumstances occur 10 years after the district's formation.

1. Author's Statement. According to the author, "In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open-space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District."
2. Solano County. In 2015, the Board of Supervisors conducted polling to determine public support for an integrated regional park system, which indicated strong support that keeping parks properly maintained is a necessity, that the availability of proximate parks, trails, and recreational opportunities improves qualify of life, additional parklands and trails should be acquired and opened for residents, and that the public would encourage the County to continue to explore options for creating an integrated regional parks and open-space system. In 2016, the Board of Supervisors commissioned a study to provide recommendations on the formation of a regional park and open-space district. This bill is based on the conclusions found in the study that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open-space district formation that meets the goals and objectives of the County.
3. Prior Legislation. 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. Most recently the Legislature has authorized two counties [Santa Barbara (2000), and Ventura (2002)] to forgo the circulation of petitions, but maintained LAFCO review and approval.
4. Policy Consideration. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs. This bill bypasses LAFCO, and does not require the usual formation process to occur. The Local Government Committee has seen an increasing number of bills seeking to bypass the LAFCO process, therefore, the Legislature may wish to consider if this bill is going against legislative intent that designated fundamental powers to LAFCOs to make these types of decisions. In the past several years, the Legislature has established a modified LAFCO process or exempted specified requirements in the LAFCO process for the formation and consolidation of several special districts following a history of failed attempts at the local level. The Legislature may wish to question if the desire of the County to streamline the formation process and the presence of local consensus is enough to justify the exemption from the LAFCO process.
5. Arguments in Support. Solano County states, "Over the past decade there has been increased interest in preserving the natural and open-space areas Solano County has to offer and increasing opportunities for public access to these areas for hiking and other recreational activities. The formation of a regional park and open-space district or regional open-space district in Solano County is critically needed to help address the unresolved needs in the Solano County area with respect to the preservation of open-space and natural areas and the enhancement of regional parks and recreation facilities, including regional trail connections to the greater San Francisco Bay area."
6. Arguments in Opposition. The California Association of Local Agency Formation Commissions argues, "There appears to be no special provisions in SB 365 that cannot be handled by the LAFCO process. In fact, there are a number of things considered in the LAFCO review process that are not addressed in the special legislation that are cause for concern. These include the issue of potential overlapping jurisdictional boundaries (with the Greater Vallejo Recreation District), the manner in which the district will be funded, and the long-term financial viability of the district."

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0001100

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

SBPCA Bill Id:SB 365

Author:(Dodd) – As Introduced Ver:February 14, 2017

SENATE VOTE: 29-10

SUBJECT: Regional park and open-space districts: County of Solano.

SUMMARY: Authorizes 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 local agency formation commission (LAFCO) approval and circulating a petition. Specifically, this bill:

1. Authorizes the Solano County Board of Supervisors (Board of Supervisors) to initiate the formation of a regional park and open-space district (district) in Solano County (County) by adopting a resolution in a noticed public hearing and calling an election, in lieu of the petition and related proceedings specified in the principal act for regional park and open-space districts (principal act).
2. Prohibits the formation of the district from being subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act) and specified to provisions relating to LAFCOs in the principal act.
3. Requires the resolution calling for the formation of a district, to do all of the following:
   1. Name the proposed district and state the reasons for forming it;
   2. Specify that the Board of Supervisors shall act, ex officio, as the governing board of the district, as specified;
   3. Describe the territory to be included in the district;
   4. Describe the methods by which the district will be financed;
   5. Specify that the district is prohibited from exercising the power of eminent domain;
   6. Call and give notice of an election in the proposed district for the purpose of determining whether the district shall be formed;
   7. Include any other matters necessary to the formation of the proposed district; and,
   8. Specify all of the following:
      1. The district's directors may, 10 years after the formation of the district, place the question of having an elected board of directors on the ballot after holding and hearing and adopting a resolution. Establishes notice requirements for hearing on the resolution; and,
      2. The district will have an elected board of directors, if approved by a majority vote, with boundaries of proposed wards or subdistricts drawn subject to existing law. Establishes notice requirements for the election.
4. Requires the district to be formed if a majority of voters voting on the proposition vote in favor of forming the district.
5. Requires the election on the formation of the proposed district to be consolidated with a statewide election or any election conducted throughout Solano County (County);
6. Requires County Counsel to prepare the language in the ballot label. Requires the proposition to specify the matters set forth in the resolution, specified in 3), above.
7. Authorizes the resolution calling the election to provide for a single ballot measure or separate ballot measures on the question of formation, the establishment of an appropriations limit, the authority to impose a special tax or issue bonds, or any combination of those questions.
8. Allows, if the district is created, County officers and employees, ex officio or under contract, to be officers and employees of the district and to discharge the authority and responsibility specified in this bill.
9. Authorizes the County to provide the services and facilities needed to carry out the functions of the district. Authorizes proceeds of special taxes levied by the district pursuant to existing law to be used to reimburse the County for the actual costs of these services and facilities.
10. Makes findings and declarations.

FISCAL EFFECT: None

COMMENTS:

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 Act. 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. Current law 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.

1. Bill Summary. This bill authorizes the Solano County Board of Supervisors to initiate proceedings for the formation of a regional park and open-space district in lieu of the petition process and the formation process under LAFCO law. Under this bill, the Board of Supervisors would adopt a resolution in a noticed public hearing which must contain specified information, including the name and reason for forming the District, the territory of the District, and financing for the District. If formed by a majority vote of voters in the proposed district, the district would be a dependent district governed by the Board of Supervisors.

This bill authorizes, 10 years after the formation of a district, for the Board of Supervisors, as the governing board of a district, to adopt a resolution in a public hearing to put before the voters the question of having an elected board of directors. This provision utilizes the authority granted by the principal act for community services districts (CSD) which provides an option to LAFCOs, as a term and condition of approving the formation of a proposed district that the district is dependent until conversion to an elected board of directors (independent). Under CSD law, a board of supervisors may place the question of having an elected board on the ballot if a number of circumstances occur 10 years after the district's formation.

1. Author's Statement. According to the author, "In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open-space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District."
2. Solano County. In 2015, the Board of Supervisors conducted polling to determine public support for an integrated regional park system, which indicated strong support that keeping parks properly maintained is a necessity, that the availability of proximate parks, trails, and recreational opportunities improves qualify of life, additional parklands and trails should be acquired and opened for residents, and that the public would encourage the County to continue to explore options for creating an integrated regional parks and open-space system. In 2016, the Board of Supervisors commissioned a study to provide recommendations on the formation of a regional park and open-space district. This bill is based on the conclusions found in the study that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open-space district formation that meets the goals and objectives of the County.
3. Prior Legislation. 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. Most recently the Legislature has authorized two counties [Santa Barbara (2000), and Ventura (2002)] to forgo the circulation of petitions, but maintained LAFCO review and approval.
4. Policy Considerations. The Committee may wish to consider the following:
   1. Funding. This Committee has heard a number of bills in the past several years that contemplate the continued existence of special districts that many would argue have outlived their purposes. In light of those conversations, the Committee may wish to require that any special district that is established by the Legislature have the funding to be able to fulfill its statutory purpose. Under existing law, LAFCO is prohibited from approving the formation of a district, unless it can determine that the proposed district will have sufficient revenues to carry out its purposes. In absence of this review at the local level, the Committee may wish to require this bill to identify a source of funding to ensure the district's financial viability.
   2. Legislative Precedent and Limiting LAFCO Powers. The Legislature has delegated the power to control local boundaries to the 58 LAFCOs. This bill bypasses LAFCO, and does not require the usual formation process to occur. This Committee has seen an increasing number of bills seeking to bypass the LAFCO process, therefore, the Committee may wish to consider if this bill is going against legislative intent that designated fundamental powers to LAFCOs to make these types of decisions. In the past several years, the Legislature has established a modified LAFCO process or exempted specified requirements in the LAFCO process for the formation and consolidation of several special districts following a history of failed attempts at the local level. The Committee may wish to question if the desire of the County to streamline the formation process and the presence of local consensus is enough to justify the exemption from the LAFCO process.
5. Committee Amendment. The Committee may wish to ask the author to specify that the resolution adopted by the Board of Supervisors must identify the sources of funding that will be made available immediately by Solano County upon formation of the District, in addition to having the resolution describe the methods in the future by which the District will be financed.
6. Arguments in Support. Solano County states, "Over the past decade there has been increased interest in preserving the natural and open-space areas Solano County has to offer and increasing opportunities for public access to these areas for hiking and other recreational activities. The formation of a regional park and open-space district or regional open-space district in Solano County is critically needed to help address the unresolved needs in the Solano County area with respect to the preservation of open-space and natural areas and the enhancement of regional parks and recreation facilities, including regional trail connections to the greater San Francisco Bay area."
7. Arguments in Opposition. The California Association of Local Agency Formation Commissions argues, "There appears to be no special provisions in SB 365 that cannot be handled by the LAFCO process. In fact, there are a number of things considered in the LAFCO review process that are not addressed in the special legislation that are cause for concern. These include the issue of potential overlapping jurisdictional boundaries (with the Greater Vallejo Recreation District), the manner in which the district will be funded, and the long-term financial viability of the district."

REGISTERED SUPPORT / OPPOSITION:

Support

Solano County [SPONSOR]

Bay Area Ridge Trail Council

Benicia State Parks Association

California State Parks Foundation

Cities of Benicia, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo

East Bay Regional Park District

Greenbelt Alliance

Solano County Orderly Growth Committee

Solano County Trail Advocacy Group

Solano Land Trust
Solano Local Agency Formation Commission

Solano Open Space

Supervisor Monica Brown, District 2, County of Solano

Opposition

California Association of Local Agency Formation Commission

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

 THIRD READING  

Bill No: SB 365

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 3/29/17

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

NO VOTE RECORDED: Moorlach

SUBJECT:

SOURCE: County of Solano

DIGEST: This bill allows the Board of Supervisors for the County of Solano to create a regional park and open space district by resolution.

ANALYSIS:

Existing law:

1. Controls the manner in which local officials change the boundaries of cities and special districts, and designates a local agency formation commission (LAFCO) in each county to oversee boundary changes.
2. Authorizes LAFCOs also control district formations, consolidations, and dissolutions, as well as city incorporations, consolidations, and disincorporations.
3. Authorizes regional park and open space districts to acquire and preserve regional greenbelts of open space land, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.
4. Allows, in order to provide these services, districts to use special taxes, benefit assessments, and general obligation bonds to acquire property by purchase or eminent domain.

This bill:

1. Authorizes the Solano County Board of Supervisors (BOS) to initiate proceedings for the formation of a regional park and open space district or a regional open-space district in lieu of the traditional petition process conducted by the Solano County LAFCO.
2. Requires that the resolution can be adopted only after a public hearing noticed once a week for four successive weeks. The four publications must be in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates.
3. Requires the resolution to do the following:
   • Name the proposed regional districts and state the reasons for forming it.
   • Specify that the BOS shall act as the governing body for the districts.
   • Describe the territory to be included in the district.
   • Describe the methods by which the district will be financed.
   • State that the district shall not have or exercise the power of eminent domain.
   • Call and give notice of an election to determine whether the district should be formed.
   • Specify that after 10 years following the formation of the district, the BOS may adopt a resolution placing a question of having an elected board of directors on the local ballot.
4. Specifies that if the BOS decides to place a question on the ballot asking voters whether the district should have an independently elected board of directors, the BOS must first hold a public hearing noticed in a newspaper of general circulation within the district at least once. If a majority of the voters are in favor of having an independently elected board of directors, boundaries of proposed wards or subdistricts must be drawn.
5. Allows the resolution to specify whether the question of formation, establishment of an appropriations limit, taxing authority or authority to sell bonds should appear on a single ballot or multiple ballot measures.
6. Declares that the formation of the regional district shall not be subject to LAFCO review and approval. The formation of the regional district is also not subject to any other provision of LAFCO law.
7. Allows officers and employees of the County of Solano to act as officers and employees of the district. The County of Solano may also provide the services and facilities needed to carry out the functions of the district. Any proceeds from taxes levied by the district may be used to reimburse the County for the actual costs of these services and facilities.

Background

Some regional park and open space districts are classified as independent and have their own directly-elected boards of directors with fixed terms. Independent special districts are a separate, autonomous form of government not controlled by a city or county. Other special districts are defined as dependent and act more comparable to a county or city department. For a dependent regional park and open space district, the relevant board of supervisors serves as the district’s board of directors.

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

The Cortese-Knox-Hertzberg Act of 2000 controls the manner in which local officials change the boundaries of cities and special districts, and designates a LAFCO in each county to oversee boundary changes. Besides the more common annexations to cities and special districts, LAFCOs also control district formations, consolidations, and dissolutions, as well as city incorporations, consolidations, and disincorporations. The statutory mission of LAFCOs is to discourage urban sprawl and encourage the orderly formation and development of local agencies.

In 2015, the BOS for the County of Solano conducted polling to determine public support for an integrated regional park system including the following specified results:

• The public feels strongly that the availability of proximate parks, trails, and recreational opportunities improves their quality of life (89%).
• Keeping parks properly maintained is a necessity (94%).
• Additional parklands and trails should be acquired and opened for use by Solano County residents (80%).
• The public would encourage County officials to continue to explore options for creating an integrated regional parks and open space system (78%).

In 2016, the BOS subsequently commissioned a study to provide recommendations on the formation of a regional park and open space district. This study concluded that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open space district formation that meets the goals and objectives of the County. The study counseled that special legislation could be drafted to do the following:

• Authorize a dependent form of governance.
• Eliminate the power of eminent domain.
• Simplify and streamline the process by allowing the formation to neither be subject to a petition process nor LAFCO review and approval.
• Allow for the BOS to place a question on the local ballot 10 years after formation of the district to determine if the district should have independently elected board members.

The author wants the Legislature to approve the formation of this district that is specifically tailored to local residents’ recommendations.

Comments

Purpose of the bill. According to the author, “In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District.”

Proper role for LAFCO? The usual LAFCO process for creating a new special district, whether dependent or independent, provides substantial opportunities for public involvement and allows for a thorough vetting of proposed district’s viability and the services it would provide. Exempting the County of Solano from the LAFCO’s authority to review fiscal viability and local service provision and approve of the regional park and open space district may not allow sufficient public involvement in the district’s formation process.

Precedent. SB 365 is similar to 10 earlier bills to expedite the formation of regional open space districts. Additionally, the Legislature has allowed county supervisors to govern by creating a dependent district (e.g., Sonoma County Agricultural Preservation and Open Space District). The principal act for regional park and open space districts requires a directly-elected board of directors (e.g., East Bay Regional Park District). The following are the bills that have been approved by the Legislature to streamline the formation and allow for an alternate governance structure:

• 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)
• Santa Barbara AB 1613 (Lempert, 2000)
• San Bernardino AB 775 (Eaves, 1990)
• San Diego SB 2007 (Alpert, 1993)
• Sonoma AB 3630 (Filante, 1990)
• Ventura AB 1145 (Jackson, 2002)

Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 365 contains findings and declarations explaining the need for legislation that applies only to the Solano County.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/5/17)

County of Solano (source)

Bay Area Ridge Trail Council

Benicia State Parks Association

California State Parks Foundation

City of Benicia

Greenbelt Alliance

Solano County Orderly Growth Committee

Solano County Supervisor Monica Brown

Solano County Trail Advocacy Group

Solano Land Trust

Solano Open Space

OPPOSITION: (Verified 4/5/17)

California Association of Local Agency Formation Commissions

Prepared by:

4/5/17 14:38:18

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2017 - 2018 Regular

Regional park and open-space districts: County of Solano

Allows the Board of Supervisors for the County of Solano to create a regional park and open space district by resolution.

Background

Authorized by the Public Resources Code, regional park and open space districts are charged with acquiring and preserving regional greenbelts of open space land, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. To provide these services, districts can use special taxes, benefit assessments, and general obligation bonds to acquire property by purchase or eminent domain.

Some regional park and open space districts are classified as independent and have their own directly-elected boards of directors with fixed terms. Independent special districts are a separate, autonomous form of government not controlled by a city or county. Other special districts are defined as dependent and act more comparable to a county or city department. For a dependent regional park and open space district, the relevant board of supervisors serves as the district’s board of directors.

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

The Cortese-Knox-Hertzberg Act of 2000 controls the manner in which local officials change the boundaries of cities and special districts, and designates a LAFCO in each county to oversee boundary changes. Besides the more common annexations to cities and special districts, LAFCOs also control district formations, consolidations, and dissolutions, as well as city incorporations, consolidations, and disincorporations. The statutory mission of LAFCOs is to discourage urban sprawl and encourage the orderly formation and development of local agencies.

In 2015, the Board of Supervisors (BOS) for the County of Solano conducted polling to determine public support for an integrated regional park system including the following specified results:

• The public feels strongly that the availability of proximate parks, trails, and recreational opportunities improves their quality of life (89%).
• Keeping parks properly maintained is a necessity (94%).
• Additional parklands and trails should be acquired and opened for use by Solano County residents (80%).
• The public would encourage County officials to continue to explore options for creating an integrated regional parks and open space system (78%).

In 2016, the BOS subsequently commissioned a study to provide recommendations on the formation of a regional park and open space district. This study concluded that the County should pursue special legislation, authorizing the County to modify the powers and procedures for a regional park and open space district formation that meets the goals and objectives of the County. The study counseled that special legislation could be drafted to do the following:

• Authorize a dependent form of governance.
• Eliminate the power of eminent domain.
• Simplify and streamline the process by allowing the formation to neither be subject to a petition process nor LAFCO review and approval.
• Allow for the BOS to place a question on the local ballot 10 years after formation of the district to determine if the district should have independently elected board members.

The author wants the Legislature to approve the formation of this district that is specifically tailored to local residents’ recommendations.

Proposed Law

Senate Bill 365 authorizes the Solano County BOS to initiate proceedings for the formation of a regional park and open space district or a regional open-space district in lieu of the traditional petition process conducted by the Solano County LAFCO.

SB 365 requires that the resolution can be adopted only after a public hearing noticed once a week for four successive weeks. The four publications must be in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates.

This measure requires the resolution to do the following:

• Name the proposed regional districts and state the reasons for forming it.
• Specify that the (BOS) shall act as the governing body for the districts.
• Describe the territory to be included in the district.
• Describe the methods by which the district will be financed.
• State that the district shall not have or exercise the power of eminent domain.
• Call and give notice of an election to determine whether the district should be formed.
• Specify that after 10 years following the formation of the district, the BOS may adopt a resolution placing a question of having an elected board of directors on the local ballot.

SB 365 specifies that if the BOS decides to place a question on the ballot asking voters whether the district should have an independently elected board of directors, the BOS must first hold a public hearing noticed in a newspaper of general circulation within the district at least once. If a majority of the voters are in favor of having an independently elected board of directors, boundaries of proposed wards or subdistricts must be drawn.

SB 365 allows the resolution to specify whether the question of formation, establishment of an appropriations limit, taxing authority or authority to sell bonds should appear on a single ballot or multiple ballot measures.

SB 365 declares that the formation of the regional district shall not be subject to LAFCO review and approval. The formation of the regional district is also not subject to any other provision of LAFCO law.

If the voters approve the formation of the regional district, this measure allows officers and employees of the County of Solano to act as officers and employees of the district. The County of Solano may also provide the services and facilities needed to carry out the functions of the district. Any proceeds from taxes levied by the district may be used to reimburse the County for the actual costs of these services and facilities.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “In May of 2015, the Solano County Board of Supervisors took action to initiate exploratory work for the establishment of a regional park and open space system in Solano County. The Board formed a subcommittee to oversee the work. A consulting firm prepared a report summarizing the results of their stakeholder outreach process and voter survey, which focused on community interest and feasibility of establishing a regional park system. A second firm, with expertise in formation and financing of special districts, prepared a report recommending that the County consider the formation of a Regional Parks and Open-Space District as a dependent district. Legislation is needed to allow the County to move forward with the process to create a dependent Regional Parks and Open-Space District.”

2. Proper role for LAFCO? The usual LAFCO process for creating a new special district, whether dependent or independent, provides substantial opportunities for public involvement and allows for a thorough vetting of proposed district’s viability and the services it would provide. Exempting the County of Solano from the LAFCO’s authority to review fiscal viability and local service provision and approve of the regional park and open space district may not allow sufficient public involvement in the District’s formation process. The Committee may wish to consider whether circumventing LAFCO authority is appropriate and if doing so limits opportunities for public engagement.

3. Precedent. SB 365 is similar to 10 earlier bills to expedite the formation of regional open space districts. Additionally, the Legislature has allowed county supervisors to govern by creating a dependent district (e.g., Sonoma County Agricultural Preservation and Open Space District). The principal act for regional park and open space districts requires a directly-elected board of directors (e.g., East Bay Regional Park District). The following are the bills that have been approved by the Legislature to streamline the formation and allow for an alternate governance structure:

• • 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)
  • Santa Barbara AB 1613 (Lempert, 2000)
  • San Bernardino AB 775 (Eaves, 1990)
  • San Diego SB 2007 (Alpert, 1993)
  • Sonoma AB 3630 (Filante, 1990)
  • Ventura AB 1145 (Jackson, 2002)

4. Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 365 contains findings and declarations explaining the need for legislation that applies only to the Solano County.

Support and Opposition

(3/23/17)

Support: County of Solano (Sponsor); Bay Area Ridge Trail Council; Benicia State Parks Association; California State Parks Foundation; City of Benicia; Greenbelt Alliance; Solano County Orderly Growth Committee; Solano County Supervisor Monica Brown; Solano County Trail Advocacy Group; Solano Land Trust; Solano Open Space.

Opposition: Unknown.

-- END --