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HomeMy Public PortalAboutOpen Space Committee (2) Town of Truckee Open Space Committee Agenda October 6, 2003 1. Welcome and introductions 2. Review of Council Direction for Committee 3. Discussion of possible topics and scope of issues at future meetings 4. Prioritize topics and set time table for future discussions; identify future information needs 5. Potential partners in polling efforts — Recreation District? 6. Roundtable identification of issues 7. Establish meeting dates and times 8. Adjourn Open Space Committee Discussion Topics • Options for financing — sales tax, property tax, TOT, property transfer tax, Mello Roos, G.O. bond, other • What should $$$ be used for? o Acquisition of land for OS o Acquisition of trail/access easements o Acquisition of land to sell or trade for other land o Maintenance of OS o Maintenance of trails o Building facilities o Educational efforts o Other • What land should be acquired? Should it be on a map or should it be a philosophy? Priorities? • Who should administer the $$$? Who should own the land? Who maintains it? How much flexibility should they have to spend the $$$? • Review what other agencies have done (don't reinvent the wheel). • What should a poll try to ascertain? o A response to specific ballot language? o What specific community interests there are like vacant OS vs. trails vs. recreation space vs. recreation facilities o The level of funding (taxpayer willingness) • Who else should we involve in this process? Should there be partners sought to share in the polling effort? (TDR&PD?) • Some land may have liabilities (like Jibboom hillside). Should we consider acquiring those types or should we avoid them? • Should we look beyond the Town limits for either open space land acquisition or for individual citizen involvement (i.e. tourists/visitors)? • Should we consider an Open Space District as a separate organizational entity, or should we use a local entity to administer this program? • Answering the Call for Open Space and Farmland Protection Four Steps to Success - Planning and Building More Livable Communities Conference: Presentation by Terrell Watt, Planning Consultants terrywatt@att.net Step 1: Feasibility ❑ Is there a need? ❑ Is there public support? o Can strategic partnerships be formed? • Step 2: Developing a Plan • ❑ Start with Urban Planning ❑ Engage the Public ❑ Don't Reinvent the Wheel Step 3: Secure the Funding ❑ Funding Options ❑ Election Considerations Step 4: Implementing the Plan ❑ Negotiating the deals ❑ Maintaining accountability o Continuing strategic partnerships • Step 1 : Feasibility: Is there A Need? Step 1 : Feasibility: Is there public support? The need for open space funding should be part of a careful Public interest may be obvious in cases where the public has assessment of what open space and farmland planning and mounted its own campaign against a specific project or in favor of. • protection work is already underway in the community or area of an open space plan. Where public support is in question, polling is interest. Key questions to ask include: the most widely used method of measuring public opinion. Other means of assessing public support include: advisory measures, • What efforts are already underway to protect open space in community outreach meetings, feasibility studies. Note that public the community or surrounding region? dollars can only be used on polling prior to a funding measure or • other measure being placed on the ballot. • What organizations or agency's are already engaged in open space planning and protection efforts? Have their efforts Polls can be a useful tool to: - been successful? • Determine the level of public interest in open space • Is the area of interest included in an existing open space protection. Many jurisdictions rely on periodic polling to • protection plan? ascertain public interest in multiple topics. Polling was instrumental in the Contra Costa County Board's decision to • Does baseline information exist concerning the open space form an Ad-hoc Committee on Open Space funding. Often areas of interest? polls are done on multiple topics of interest to the agency. • Is there available funding for open space protection, and if • Determine specific open space and recreation interests of so is it sufficient to accomplish open space protection goals? the community. Many successful open space measures include both active and passive elements. Polls can test A formal "feasibility study" can also be part of this assessment. which projects are most popular. The heart of such a study is a questionnaire to ascertain the position of key opinion leader's and potential supporters of an open space • Determine the level offnnnding. Polls can specifically test protection plan. the amount the public is willing to spend per year on open ' space protection. • Ir form campaign planning. Polls are excellent for testing arguments, project priorities, and messengers before the • campaign begins. This information is important in determining the campaign's messages and outreach strategies. • Determine when to run the measures. Step 1 : Feasibility: Can strategic partnerships be formed? Examples of potential partners, and their roles in an open space program, include: PARTNER: POTENTIAL ROLES Special districts Accept fee title ownership of open space, e.g. open space districts manage properties, serve as grantee, negotiate deals with landowners, technical expertise, eligible for state and federal funds, special taxes, and some private foundations Conservancies Can accept fee title ownership of open e.g. Santa Monica Mountains Conservancy, space, manage properties, can serve as San Joaquin River Conservancy grantee, technical expertise, negotiate deals with landowners, eligible for special state funds Non-profit land trusts Can serve as grantee, negotiate deals with e.g. Peninsula Open Space Trust landowners, technical expertise, eligible for private funds, sometimes manage properties Large conservation organizations Technical expertise, can serve as grantee, e.g The Nature Conservancy, The Trust for eligible for private funds, may provide Public Land, Wildlands Conservancy funding for purchases and management, may assist with campaign work and fundraising, sometimes manage properties Advocacy Groups Can run campaigns, raise campaign funds, e.g. Sierra Club, Greenbelt Alliance influence important constituencies Business/Industry Groups Can run campaigns, raise campaign funds, e.g. Silicon Valley Manufacturing Group, influence important constituencies Homebuilders Association, Chambers of • Commerce, Hospitality Groups, Others The benefits of partnerships include: • • Partners can engage in campaign activities that public agencies cannot • Partners can fundraise for campaigns • Partners can bring along key constituencies • Strategic partnerships can result in avoiding duplication of administrative and operations and maintenance costs • Partners may have experience with negotiating/purchasing private land that public agencies do not • Partners are eligible for private grants and matching funds that are not always available to public agencies Step 2: Developing a Plan: Start with Urban Do.LARGE-LOT SUBDIVISIONS MAKE "CENTS"?':: Planning • • -Large lot zoning (designating a-minimum parcel size of one to 20 acres) is often In the context of farmland and open space protection, there is no used to maintain the real character. A study by the American Farmland Trust focused on the economic impact of large lot parcels in the 18 counties of the Central substitute for sound urban planning. Planning tools for farmland Valley.9 The report presents the following data about 1.5- to 20-acre "ranchette" and open space protection include: sobdivisions: • Total Area. There are 444,000 acres in ranchette-type subdivisions in the • Infill incentives Central Valley. • Appropriate land use and zoning designations (large • Greater Impact on Local Agency Budgets. Local agencies spend$331 more per unit annually to provide services (such as roads, schools and other minimum parcel sizes) services)for ranchette subdivisions than for typical urban development.1a • Utility service controls • Value of Lost Agriculture.The Central Valley lost an estimated$802 million • Urban incentive overlay areas in gross agricultural sales between 1986 and 1994 due to the break up of 456,000 acres of farmland into unproductive parcels. Loss of agricultural • Spheres of Influence and other types of growth boundaries production resulted in an estimated loss of 35,200 permanent agricultural and • Development credit transfer program related jobs during this period. . • Cluster program • Overall Economic Loss. Total direct and indirect sales losses due to reduced agricultural production exceed $2 billion each year. This includes $729 • Optional agricultural element . million in lost annual personal income. • Mitigation fee program • Cooperative planning agreements • I-ICPs/NCCPs 221 FARMLAND PROTECTIC.. ACTION GUIDE • STRATEGY .. :Fs ` 'I.SAMPLE AGRICULTURAL. ELEMENT,POLICIES ' The following policies are excerpted from general plans throughout Californiac . • Support Fanning Outside Boundariest'Limit •• Regional Collaboration. Coordinate with other annexations of prime ',land.' and ;promote agencies, , ,nonprofitorganizations and compatible adjacent uses when projects.within landowners ;;to ensure" `the; `'coordinated the city abut farmland. designation ;and' preservation of"agricultural • Cooperation. Work with other local agencies lands in unincorporated lands to discourage non-agricultural:.land,;uses in• • Murinium-Parcel Size-Promote a minimum lot agricultural areas ,within' or adjacent to size that is "large :enough r to sustain farm jurisdiction (for cities) s • enterprises Discourage development of 20- to 40-acre ,home sites, unless :it ,can be • Farm Marketing. Organizepromotional demonstrated that smaller farm- units will marketing programs for local agriculture. - remain ia production. • Soil Quality Preserve high-quality soils and • Community. Separators. Define-.community maintain essential agricultural lands buffers using productive agricultural open space • Small Rural Businesses.�Support farming by so cities 'can maintain their:;community permitting;limited small-scalefarm' services, identities. . „ and ° `vrsttor senmg:==uses (small retail) in • ` farm areas.:: u�. ., , Compact'Growth. Concentrate` growth within ' city 'limits by using increased:densities and• . • .Direct Urban Development to Crties ;Limit narrower streets. rural 'residential development to ;parcels • Appropriate Infrastructure Promote an- outside nonprime agricultural areas , (for agricultural support system, including physical ?.counties).:r' components such as farmworker;lousing. .• Liiriit "Rural, Development Direct ,=rural - . Recognize Economic Contributions Enact and development to communities with-economic enforce regulations to retain .agriculture as a • potential_ ,.Severely- t lirmrural residential" mayor source of income aan „,,,,,tpeloyment. development elsewhere (except for;.farm • families and employees)' • Develop an InventoryDevelopjail-inventory of • the quantity and quality' of agricultural resources • Protect Current Operations Pr'otectthe:right of farm operators m` desi on which to base sound decisions grated'agricultural;. areas to continuenu their farng practices.'- • Protect Grazing•Land Protect landsused for • Cluster Zoning.' Use cluster housing and grazing, even if they„are considered prime easements;to maintain large farm parcels. soils. • Farm Infrastructure Support finance for farm • Farm Worker Housing. Allow and encourage infrastructure,such as drainage: the development of farmworker.housing. • Viable Industry. Enhance agriculture as a major • Farmers Markets. Encourage a weekly viable production industry. farmers' market and support other direct marketing activities. Step 2: Developing a Plan: Engage the Public Step 2: Developing a Plan: Don't Reinvent the Wheel • Create a broad-based stakeholder group list. • Develop a robust outreach program, including: • Collect and Review Existing Local and Regional Data ❑ Website • Decide Who to Involve and Determine the Need for o A task force or advisory committee "Experts" o Use public educations channels o Establish a public participation brochure • Create the Open Space/Farmland Protection "Vision" Map o Hold town meetings o Organize a speaker series • Prioritize areas for protection o Develop a self-guided tour o Draft articles for `partner"newsletters and websites • Determine the cost of implementing the plan ❑ Initiate community visioning - CONTRA COSTA COUNTY ADVISORY COMMITTEE ON OPEN SPACE FUNDING Flagship Project Nomination Form • The Advisory Committee on Open Space Funding is soliciting proposals for flagship projects— regionally signijfcant open space projects that would be afocus offuture fundraising work. .Please see the April 9 letter from Supervisors Gerber and Gioia far additional background • Name of nominating organization or individual: Name of proposed"flagship"project: - • Estimated cost of project: If you have identified some funding already, please specify how much: -., • Project location(please be as precise as possible; i.e. nearest city and nearest street):_ Which of the following categories of"open space" best matches your proposal (Ok to check more than 1 if no single category is the best match.•Please see reverse-for further explanation of • ' these-categories): ❑ Scenic landscapes and regional parks ❑• Creeks and watersheds ❑ Farmland - 0 Historic preservation& environ. education ❑ -Urban parks and recreation facilities 0 Shorelines ❑ Trails/public access 0 Wildlife habitat and corridors In one:to two paragraphs, please describe your proposed project and its benefits (attach additional sheet if necessary): • • • • Please return this form by May 31, 2001 via mail: OS Committee, attn:John Kopchik • CCC Community Development Dept. 651 Pine Street, North Wing,41h Floor • Martinez, CA 94553 • via fax: (925) 335-1300 or via Email: jkopcacd.co.contra-costa.ca.us DRAFT Overview of Spending Priorities: DRAFT Proposed Open Space/Agriculture Protection and Enhancement Funding Measure r�!'+�.� for Contra Costa CountyCommunitysPriorityprcProjectsbaia) . (allocations on per capita basis) Approved in Concept by the Board of Supervisors,October 1,2002 :. 'II JURISDICTION FUNDING Antioch $2,512,700 . �l'=.a� �t " Ft Brentwood $646,800 q Clayton 5296,700 ✓ti . L i✓'�" Concord $3,380,000 K J • ` ." \ - �.`y lDanville $$143,200 El Cerrito 5643,200 • ' .) x v h Hercules $5ao9on q l �' • - 4.. •"i k ' Lafayette $6l i Vl 100• ':' '. • 'P 1 Martinez $91 fro n d A - e a" I '• 1 Morena .R u;.).,;(...,,,..;;,..:: •• • � A ' I� Oakley 4711,100 �} �- 1 , Onnda $488,500 x f.DToth�i aa Pinole $520,500 .:: 414 &, J a\ n1 �F , -c" PI PitI5bm9H $1,575,700 .j" n i Richm ntl ill $2,753,800 \ e Crg it r e ,1 1 .lF San Pablo $$838.700 x V' $ R 2 Walnut amen 1, 41,300 - - l.\: e s1 1• _ ':of _ Walnut Creek $1,784,800 �1 f r :,vi x t. 4r p I ` LINING.COUNTY {p • f; . i !4 I CSA R-7A Alamo $433,700 7 +u.:,•. y -. �.,i -a + et eY v CSA M-I6 l Cru $19.300 -as I ♦�J p. 1 P CSA P-I R-1 covert'tl $89,700 -s a `,' vt •- • r +v,. L. e n j•s •4 si i d`I 'j CSA M-8 Discovery Bay $249300 �, ' ;PC'•s. zs L T 'r A ^ r y �. ., CSA R-9 El Sobranlo $340.300 \ '1 a ?la r prIr .) LSA M-17 Maniere Bay $286,900 1 -}pi 4 t.)1 +[> ..-.1'.ea ss?� IV' CSAR-10 Rodeo $242,000 \ 6m r '. W -al . P Y t • AUTONOMOUS DISTRICTS 4 Ambrose PBRD(Bay Point) $$27,700 s v .� 1 fe I . I Diablo CSD 527,500 '- AT { Kensington CSD $137,000 .. 1 p SS �� Pleasant Hill PBRD $130,000 Other Countywide Flagship Programs Not Shown On Map ii • P ? 1, " RollingwoocVWillard PBRD $80,500 -. ► I r !/ tits REMAINDER OF UNINO $1,577,100 Creek&Watershed Restoration Program(Project K) k - Partnership Incentives $1,306,000 ®. Trail Construction&Enhancement Program(Project L) • 'S_h'S TOTAL $27,72 ` -' 8 : ( + `\ at Regional Priority Projects• Legend (matching funds required) ' FUNDING Flagship Opportunity Areas' Urban 6 Other Lands Willa ULL I) West Moraga/ndian Valley open space acquLtlUon $2,000,000 Regional Priority Protects' lin Pena - -- 2) Burton Ridge open space acquisition $2,000.000 t�OpenSpace Flagship Opportunity Areas• 3) El Sobrante Foothills open space acquisition $2,000000 —Major Roads Total Fund Raising Goal:$13aM FUNDING 4) Big Break Area 52,000.000 MN Pu°uc Watershed Lards ce,n..9 A) MI.Diablo Park Expansions ay 5) Old River Delta Shoreline Park acquisition and development $2,000000 —Canals w°,,.s BI Bay Trail Completion $5,000,000 6) John Marsh Home Pioneer Park development $2,000,000 —Creeks vomer Bodies 't'°"1 ia'u%;ul C) Point San Pablo Peninsula $5,000,000 7) San Francisco Bay Shoreline to Hills urban open space $2,000,000 Other Non-Urtan Lands ea •� D) Muh Heritage Corridor(2 sepemle branches) 08,000,000 and creeks Mina E) Prime Farmiand+Ageicuitural Core $5.000.000 B) Walnut Creek Watershed Enhancement 52,000,000 j 2" F) North Contra Costa Wetlands and River Front $5,000,000 9) Habitat restoration and wetland access al Concord Naval $2,000,000 "Flaw")Opponumry Areae'and•n pont Pro•ey Prgocu•designation DO NOT antrale -' / L1w.nq GI Tassajara valley 55,000,008 Weapons Station m °demo,map locations of proposed acquslona.Raver.mese desigatiana ale mended >4.T`n..� '. H) Las Trampas Open Space Connections 55.1100,000 10)Lindsay Wildlife Museum ollsite rehabilitation center' $1,200,000 to roughly it snare the general areasmime acnnptanS Coma own r ° s'^7., nous* I) Kicker Hills 5 i 1., $5,000,000 II)ByronRanch HaOilal Pn $2,000,000 ° 2 4 a re IMaes r'''T^" :!:* J) East County Foothills 85,000,000 12)Bishop wkjoanig Canyon Park Expansion $1.000,000 "af.!, x 13)Northwest ville Greenbelt $1,000,000 rv,nd Additional Flagship Programs: 14)Northwest Communities Open Space Connection $1,000,000 ,..m„ryrn°..m"..e.ea...4e...e N wp au.1m ..°.nr.oat P.P.. •'•v K) Creek and Watershed Restoration Program $5,000,000 15)•• g - Trail00%Co" Creek $2,000,000 nom'.-..wM� r6 s..rw..e..w erase.» .• r�,,,a...,r�,.�;,,�,.. TOTAL $63,000.000 TOTAL Step 3: Secure the Funding: Funding Options Discretionary Actions to General Funding/Secure the Land to Development fees and conditions o Development agreements o Land banking o General fund allocations o Grant and foundation assistance o Revenue bonds o Lease-purchase agreements and certificates of participation o Sponsored events and naming rights o Gifts and donations o Use fees Special Taxes o General obligation bonds/ad valorem tax o Sales tax increase o Parcel tax o Transient occupancy tax • o Utility user's tax o Mello-Roos district Alternatives to Special Taxes o Benefit assessments (Proposition 218 Landscaping and Lighting measures) INSTITUTE for Loc SELF GOVERNMENT • COMM I[TY LAND USE PROJECT I 1 ` f • LOCAL 'AGENCY FUND'ING. TOOLS „ if” ,•,•-• , . .�;, ADOPTION - ADVANTAGES DISADVANTAGES , ' Legislative body authorizes Requires"approval onlyby ' Competes with other ':GENERAL FUND expenditure from general governing body.Does•not 'budget priorities;no ALLOCATION revenues. cost taxpayers extra money. guarantee of ongoing funding- Legislative body adopts a ' ,•Easy to ithplementlielps Increases housing costs • . fee formula to be applied to offset negative:impact.of - -Agency must track how -. :DEVELOPMENT projects that convert :- - development can raise - fees are spent.Funding , .:IMPACT FEES . farmland to housing or substantial revenues .depends on number of ,, ` •permit applications. commercial uses „r Implemented upon a " Can provide substantial ; Public May be skeptical of :';'•: majority vote.Sometimes longaeim`funding Regtiires a tax;increase;paAicularly' accompanied by.an.' less[administration than an . r when there-is no guarantee- •GENERAL TAWS "advisory"measure.'' assessment.district Agency that funds will be spent on retains discretion:in how ' protection, measures- • • funds are`spenL ::r Requires a two-thirds Provides funding Obtaining a`two-thirds majority vote-Revenues can for operations and - , majontyvotes difficult- SPECIAL TAXES be spent only for dedicated -maintenance�:Potentially'less - -purposes- overhead than.an.assessment . district Sale of bonds secured by an Provides funding up-front. Not permanent;cannot be `. GENERAL increase in property tax or ;Increased tax amount sunsets used for operationand 1}i OBLIGATION assessment. Requires a two- when bonds.are,paid off- maintenance.Subjectto BONDS thirds majority vote if based ,,, market and credit rating: ,. on new Laces- ' ;High adtmnistrative costs'..:, Requires two-thirds i , Providesrongoing funding ;;Two-thirds vote '< approval of owners of for acquisition,improvement requirement generally ," MELLo-Roos voting electorate in , and maintenance:-Property limits Mello-Roos-to large. '':FINANCING inhabitedareas-or two-thirds" 'need not be.located within ' undeveloped parcels with Y.' Cts„.., • 'of the landowners in :: , jurisdiction;Tax formula less than 12 registered uninhabited areas-; 'need not be based on special voters: ' benefittgLax. payer. Requires approval of the Can provide,ongoing Must`identifyybenefit to. . " ajority.of affected J funding�for operation and operation assessed properties ASSESSMENT property owners.Votes are maintenance. Benefit-based Subject to rnajorit `piotest;- DISTRICTS weighted according to the assessments may be viewed .and election requirements. dollar value of their as the fairest method of Requires expensive annual proposed assessments- funding. engineer's report and more ' accounting than a special tax. Ser Culeurm:r. Ccunnuf.Srurm Cm u.64 Cal.App.4th 682 i 1998i.After the Passage of Proposition 218.hotrecer.some attorneys believe that courts ma) now treat such actions as a special tax requiring a 2f -majority vote. General Obligation Parcel Tax Benefit Assessment Bond District Who pays? Property owners. Property owners. Property owners, Properties with a Tax rates are based on engineers • higher net assessed determined within the report that distributes value pay more. measure by the costs according to framers. benefits. Who votes? Registered voters Registered voters Property owners What voting margin 2/3 majority 213 majority 50%weighted is required for majority(votes are approval? weighted according to amount of assess- ment they would pay) • What type of Special or General Special or General Election by mail election? Election Election What are the time Two elections per Two elections per Election may be constraints on the year,though odd years year,though odd convened at any time. election? are more expensive years are more 45 days must be expensive allowed for return of ballots. Costs of election Depends on how many Depends on how Depends upon how items on ballot many items on ballot many parcels • . included. OK to fund No . Yes Yes stewardship? • • Fixed term required? Yes No No • Possible to expend No Yes Yes revenues on a pay- _ as-you-go basis? Possible to sell Yes(required) Yes Yes bonds? Advantages ' Simple ° Possible to ° Perhaps more customize tax rate equity in distri- o Only way to raise ad bulion of costs valorem tax ° Flexibility in use of revenues ° Flexibility in use of o Best interest rate revenues ° Election may occur at any lime Disadvantages ° Not possible to " Even year election ° Application to manage funds on probably required county-wide open pay-as you-go space needs is an basis ° Flexibility in tax emerging rate structure can technique be point of • o No stewardship controversy o Even year election • probably required • o New property owners generally pay more •. Step 3: Secure the Funding: Election Considerations Step 4: Implementing the Plan Elements for success: _ . .. - - o Negotiating the Deals • Broad public support • ..Local agency or partner? • Unanimous decision-maker support • Landowner contact • Option agreement • Robust outreach program during the campaign • Appraisal(s) �,\-,\C • Public hearings ��)y &J,. ■ Measure tailored to public interest (polling is key) • Closing the deal 5 • Broad based representation on campaign committee ❑ Maintaining Accountability 1 • Honesty and clarity concerning the financial aspects of the • Ongoing ad hoc committee \� measure • Stewardship plan oet' • Annual audits or report C\ • Monitoring 00° 1 Public Role Limitations: --,. 1„. ❑ Continuing Strategic Partnerships The law allows local public agencies to develop a proposal for voter consideration. Once a measure is placed on the ballot,the public agency's role is limited for measure advocacy. Information Sources More information: Institute for Local Self Government Publications Department www.ilsg.org • Farmland Protection Action Guide • Ballot Box Planning • Development Agreement Manual • A Local Official's Guide to Ethics Law • • The Basic's of Takings Law • More information: League of California Cities Publications Dept. - www.cacities.org • • Municipal Revenue Sources Handbook • Securing Voter Approval of Local Revenue Measures • Proposition 218 Implementation Guide • • Toolkit for Reconnecting with Citizens More information: Terrell Watt Planning Consultant tenywatt@att.net • Organizational and Funding Options for Open Space and Farmland Protection Cofantuono fir, ® Levin & Ntevsiéttër Rozekl, APC U.p'date on .Public Law ' { •• Spring 2003 { Open Space Assessments are an Open Question By Michael G. Colantuono In Silicon Valley Taxpayers Asso- Exercise of Powers Act allows JPA ciation v. Santa Clara County Open entities to exercise only those powers It has always been the case that a Space Authority, the Open Space Au- which are both specified in the JPA facility or service can be funded thority conducted a mailed-ballot pro- agreement and common to the agen- with assessments on property only if it test proceeding on a proposed open cies which formed the JPA. Los Ange- confers some"special benefit"on the space assessment. Property owners les County Superior Court Judge Rich- assessed property. In 1996,Proposition approved the measure and taxpayer and Adler decided both issues for the 218 slightly redefined the"special advocates sued,arguing that open MRCA, concluding it had met its bur- benefit"required,stating: space does not confer special benefit den to prove special benefit, noting "`Special benefit' means a par- under Proposition 218,but rather that"the legislative determination of titular and distinct benefit over benefits the public generally.The • the lands benefited, and the amount of and above general benefits con- plaintiffs also argued that the Open the benefit to each landowner, will be ferred on real property located Space Authority illegally rejected pro- upheld unless plainly arbitrary." in the district or to thepublic at tests that were not cast on the official assessment protest ballots distributed Both cases are likely to be appealed large. General enhancement of and each will likely draw amicus curiae property values does not consti- by the Open Space Authority. Unfor- ("friend of the court") support from tute `special benefit." tunately for the Open Space Author- the League of'California Cities and ity,had those contested ballots been Few cases have been decided to counted,the assessment would have other local government organizations. provide guidance on this new defini- failed,making this issue crucial. As- They may well produce published de- tion. Most notable is last year's Not cisions to be cited as precedent in fu- adopt a authorities are well advised to ture cases. For the moment, however, About Water Committee v. Solan adopt a resolution at the outset of an whether open confers special County, in which the Sacramento Dis- assessment process to spell out how spacep trict Court of Appeal held that the the proceeding will be conducted, benefit sufficient to allow assessment construction of new fire hydrants pro- addressing such issues as spoiled and financing is an open question. The vides special benefit, even to farms duplicate ballots and whether unoffi- early rounds of the fight have gone to which already had substantial water cial protests will be counted.This the assessing agencies. storage on-site. case remains pending in the Santa The law of public finance grows Given the torrid pace of develop- Clara County Superior Court. increasingly complex and new devel- ment around the state in recent years Badtax v. Mountains Recreation opments arise regularly. The Supreme and the resultant pressure on the state's and Conservation Authority (MRCA) Court should hear an important Propo- remaining open space resources,the also arose from a successful mailed sition 218 case on water fees,Rich- question arises whether the acquisition, ballot proceeding to impose open mond v. Shasta Community Services preservation and maintenance of open space assessments. It, too, involved District, later this year. space resources confer"special benefit" the special benefit question and a As always, we'll keep you posted. on private property sufficient to support procedural question, in this case an assessment to fund those programs. whether the MRCA, a joint powers ••• Two trial court cases that test this issue authority, has the power to impose For more information on this subject are now pending,one each in Northern an assessment under the 1972 Land- contact Michael at 213/533-4146 or and Southern California. scaping and Lighting Act. The Joint mcolantuono@clrlmvfrm.com