Bill Text: CA SB1305 | 2011-2012 | Regular Session | Introduced
Bill Title: Regional open-space district: County of San Luis Obispo.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Com. on GOV. & F. [SB1305 Detail]
Download: California-2011-SB1305-Introduced.html
BILL NUMBER: SB 1305 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Blakeslee
FEBRUARY 23, 2012
An act to amend Section 5514 of, and to add Section 5506.15 to,
the Public Resources Code, relating to parks and recreation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1305, as introduced, Blakeslee. Regional open-space district:
County of San Luis Obispo.
Existing law permits proceedings for the formation of a regional
park and open-space district in specified counties of 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 permit the formation of a regional
open-space district in the County of San Luis Obispo to be initiated
by resolution of the county board of supervisors after a noticed
hearing, if the boundaries of a proposed district are coterminous
with the exterior boundaries of the County of San Luis Obispo. The
bill would specify the contents of the resolution, including a
requirement to call an election, as prescribed.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5506.15 is added to the Public Resources Code,
to read:
5506.15. (a) A proceeding for the formation of a regional
district in San Luis Obispo County may be initiated by resolution of
the Board of Supervisors of the County of San Luis Obispo, adopted
after a hearing noticed in accordance with Section 6604 of the
Government Code, in lieu of the petition and related proceedings
specified in this article, if the boundaries of a proposed district
are coterminous with the exterior boundary of the County of San Luis
Obispo.
(b) The resolution shall do all of the following:
(1) Name the proposed district and state the reasons forming it.
(2) Describe the methods by which the district will be financed.
(3) Specify that the proposed district shall be governed by a
board of five directors who shall be elected in accordance with this
article and, notwithstanding Section 5515, specify that the
boundaries of the five wards or subdistricts shall be drawn according
to the boundaries of the supervisorial districts.
(4) Specify that the proposed district shall not have, and may not
exercise, the following:
(A) The power of eminent domain pursuant to Section 5542, or any
other law, unless requested by the owner of the land, nor shall funds
raised or controlled by the proposed district be used to acquire any
interest in land that has been or is proposed to be acquired through
the exercise of eminent domain by another entity.
(B) Hold or fund the acquisition of land in fee pursuant to
Section 5540, or any other law, except under both of the following
circumstances:
(i) If that land shall be resold with an agricultural conservation
easement as defined by Section 815 of the Civil Code to a private
party within seven years following that acquisition.
(ii) If the district's principal place of business is located on
the land and the land does not exceed one acre.
(C) Apply more than 15 percent of all funds received annually,
averaged over the previous five years, for administrative purposes,
except in the first five years following its formation.
(D) Impose or receive revenues from a tax based on assessed
parcels.
(5) Call and give notice of an election to be held in the proposed
district pursuant to subdivision (b) of Section 5514. Formation of
the district is not subject to the Corteses-Knox-Hertzberg Local
Government Code Reorganization Act of 2000 (Division 3 (commencing
with Section 5600) of Title 5 of the Government Code).
(6) Include any other matters necessary to the information of the
district.
(c) Notwithstanding Section 5518, the county counsel of the County
of San Luis Obispo may prepare language in the ballot label for the
election to be held pursuant to paragraph (5) of subdivision (b).
SEC. 2. Section 5514 of the Public Resources Code is amended to
read:
5514. (a) The board of supervisors of the county having the
largest area within the proposed district shall, if the petition,
after the hearing, has been approved, in whole or in part, have
jurisdiction to proceed further with the calling of an election
within the boundaries of the proposed district as described in the
resolution passed at the conclusion of the hearing, and shall, either
as a part of the same resolution or by a later resolution, call an
election within the proposed district for the purpose of determining
whether the district shall be created and established and, if
necessary, for the purpose of electing the first board of directors
therefor in case the district is created.
(b) In a district proposed to be formed pursuant to Section
5506.5, 5506.11, or 5506.12, or 5506.15,
the resolution calling the election may provide for a single
ballot measure or separate ballot measures on the question of
formation, establishment of an appropriations limit authorized by
Section 4 of Article XIII B of the California Constitution, the
authority to tax pursuant to Section 5566, and the authority to sell
bonds pursuant to Section 5568, or any combination of those
questions.
