SB 422: Santa Clara Valley Open-Space Authority.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-07-15
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided.
This bill would authorize the authority to acquire, but not to take by eminent domain, interests in real property that are without the authoritys jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authoritys boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided.
This bill would authorize the authority to acquire, but not to take by eminent domain, interests in real property that are without the authoritys jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authoritys boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided.
This bill would, in addition, would authorize the authority to acquire, but not to take by eminent domain domain, interests in real property that are without the authoritys jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authoritys boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses.
This bill would, in addition, authorize the authority to acquire, but not to take by eminent domain interests in real property that are outside of without the authoritys jurisdiction, necessary to the full exercise of its powers. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses.
This bill would change the name of the authority to the Santa Clara Valley Open-Space District, and would authorize the district would, in addition, authorize the authority to acquire, but not to take by eminent domain interests in real property that are either within the districts jurisdiction, part of a single property that is both within and adjacent to the districts jurisdiction, or within a watershed that includes lands within the districts jurisdiction where protection of those watershed lands outside of the districts jurisdiction is necessary to protect conservation values within the districts jurisdiction. The bill would also make related conforming changes. outside of the authoritys jurisdiction, necessary to the full exercise of its powers.
Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers.
This bill would change the name of the authority to the Santa Clara Valley Open-Space District, and would authorize the district to acquire interests in real property that are either within the districts jurisdiction, part of a single property that is both within and adjacent to the districts jurisdiction, or within a watershed that includes lands within the districts jurisdiction where protection of those watershed lands outside of the districts jurisdiction is necessary to protect conservation values within the districts jurisdiction. The bill would also make related conforming changes.
This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.
SEC. 3.Section 35101 of the Public Resources Code is amended to read:35101.The Legislature hereby finds and declares all of the following:
(a)In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.
(b)In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses.
(c)It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.
(d)All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.
SEC. 4.Section 35103 of the Public Resources Code is amended to read:35103.Authority means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
SEC. 5.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authoritys jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authoritys jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
SEC. 6.Section 35122 is added to the Public Resources Code, to read:35122.Notwithstanding Section 35120, after the establishment of the authoritys boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authoritys jurisdiction before any territory in that county may be annexed to the authority.
SEC. 7.Section 35152 of the Public Resources Code is amended to read:35152.(a)The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
(b)Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
(c)Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
(d)The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 8.Section 35153 of the Public Resources Code is amended to read:35153.The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authoritys jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, owned includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing boards vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authoritys jurisdiction, the authority shall not exercise its right of eminent domain on that property.
This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.
SEC. 3.Section 35101 of the Public Resources Code is amended to read:35101.The Legislature hereby finds and declares all of the following:
(a)In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.
(b)In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses.
(c)It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.
(d)All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.
SEC. 4.Section 35103 of the Public Resources Code is amended to read:35103.Authority means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
SEC. 5.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authoritys jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authoritys jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
SEC. 6.Section 35122 is added to the Public Resources Code, to read:35122.Notwithstanding Section 35120, after the establishment of the authoritys boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authoritys jurisdiction before any territory in that county may be annexed to the authority.
SEC. 7.Section 35152 of the Public Resources Code is amended to read:35152.(a)The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
(b)Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
(c)Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
(d)The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 8.Section 35153 of the Public Resources Code is amended to read:35153.The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authoritys jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, owned includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing boards vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authoritys jurisdiction, the authority shall not exercise its right of eminent domain on that property.
This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.
SEC. 3.Section 35101 of the Public Resources Code is amended to read:35101.The Legislature hereby finds and declares all of the following:
(a)In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.
(b)In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses.
(c)It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.
(d)All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.
SEC. 4.Section 35103 of the Public Resources Code is amended to read:35103.Authority means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
SEC. 5.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the midpeninsula Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authoritys jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authoritys jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
SEC. 6.Section 35122 is added to the Public Resources Code, to read:35122.Notwithstanding Section 35120, after the establishment of the authoritys boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authoritys jurisdiction before any territory in that county may be annexed to the authority.
SEC. 6.SEC. 7.Section 35152 of the Public Resources Code is amended to read:35152.(a)The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
Priority
(b)Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
Lands
(c)Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
The
(d)The authority may shall not validly convey any an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 7.SEC. 8.Section 35153 of the Public Resources Code is amended to read:35153.The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authoritys jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property which that is already owned by a public agency for open-space use. For purposes of this section, owned includes any a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing boards vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county which that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authoritys jurisdiction, the authority shall not exercise its right of eminent domain on that property.
This division shall be known and may be cited as the Santa Clara County Valley Open-Space Authority Act.
SEC. 3.Section 35101 of the Public Resources Code is amended to read:35101.The Legislature hereby finds and declares all of the following:
(a)In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.
(b)In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding which that is not adequate to resolve these losses.
(c)It is in the public interest to create the Santa Clara County Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.
(d)All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.
SEC. 4.Section 35103 of the Public Resources Code is amended to read:35103.Authority means the Santa Clara County Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
SEC. 5.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara County Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authoritys jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. Any A city which that fails to pass that the resolution or which that formally states its intent to not participate shall be excluded from the authoritys jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
SECTION 1.SEC. 6.Section 35152 of the Public Resources Code is amended to read:35152.The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or outside of without the authoritys jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
The authority may not validly convey any interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 2.SEC. 7.Section 35153 of the Public Resources Code is amended to read:35153.The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands not within without the authoritys jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property which is already owned by a public agency for open-space use. For purposes of this section, owned includes any lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing boards vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county which includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authoritys jurisdiction, the authority shall not exercise its right of eminent domain on that property.
This division shall be known, and may be cited, as the Santa Clara Valley Open-Space District Act.
SEC. 3.Section 35103 of the Public Resources Code is amended to read:35103.Authority or district means the Santa Clara Valley Open-Space District created pursuant to this division in the County of Santa Clara. All references in this division and elsewhere in law to the Santa Clara County Open-Space Authority shall mean and refer to the Santa Clara Valley Open-Space District.
SEC. 4.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara Valley Open-Space District is hereby created. The maximum jurisdiction of the district shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the districts jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. Any city that fails to pass that resolution or that formally states its intent to not participate shall be excluded from the districts jurisdiction. The creation of the district is not subject to review by the Santa Clara County Local Agency Formation Commission.
SEC. 5.SECTION 1.Section 35152 of the Public Resources Code is amended to read:35152.The district authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or outside of the authoritys jurisdiction, necessary to the full exercise of its powers. Real property interests acquired by the district shall be either within the districts jurisdiction, part of a single property that is both within and adjacent to the districts jurisdiction, or within a watershed that includes lands within the districts jurisdiction where protection of those watershed lands outside the districts jurisdiction is necessary to protect conservation values within the districts jurisdiction. The district authority may accept and hold open-space easements and purchase development credits wherever the district authority may acquire real property.
Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the district. authority.
Lands subject to the grant of an open-space easement executed and accepted by the district authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
The district authority may not validly convey any interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the district authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 2.Section 35153 of the Public Resources Code is amended to read:35153.The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, or lands in timberland production zones which that are not threatened by imminent conversion to developed uses, or lands not within the authoritys jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property which is already owned by a public agency for open-space use. For purposes of this section, owned includes any lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing boards vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county which includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authoritys jurisdiction, the authority shall not exercise its right of eminent domain on that property.
This division shall be known known, and may be cited cited, as the Santa Clara County Valley Open-Space Authority District Act.
SEC. 3.Section 35103 of the Public Resources Code is amended to read:35103.Authority or district means the Santa Clara County Valley Open-Space Authority District created pursuant to this division in the County of Santa Clara. All references in this division and elsewhere in law to the Santa Clara County Open-Space Authority shall mean and refer to the Santa Clara Valley Open-Space District.
SEC. 4.Section 35120 of the Public Resources Code is amended to read:35120.The Santa Clara County Valley Open-Space Authority District is hereby created on February 1, 1993. created. The maximum jurisdiction of the authority district shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the midpeninsula Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authoritys districts jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. Any city which that fails to pass that resolution or which that formally states its intent to not participate shall be excluded from the authoritys districts jurisdiction. The creation of the authority district is not subject to review by the Santa Clara County Local Agency Formation Commission.
SEC. 5.Section 35152 of the Public Resources Code is amended to read:35152.The authority district may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within the authoritys jurisdiction, necessary to the full exercise of its powers. Real property interests acquired by the district shall be either within the districts jurisdiction, part of a single property that is both within and adjacent to the districts jurisdiction, or within a watershed that includes lands within the districts jurisdiction where protection of those watershed lands outside the districts jurisdiction is necessary to protect conservation values within the districts jurisdiction. The authority district may accept and hold open-space easements and purchase development credits wherever the district may acquire real property.
Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority district.
Lands subject to the grant of an open space easement executed and accepted by the authority district in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
The authority district may not validly convey any interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority district voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | Referred to Com. on L. GOV. |
| Jul 15, 2015 | Chaptered by Secretary of State. Chapter 99, Statutes of 2015. |
| Jul 15, 2015 | Approved by the Governor. |
| Jul 8, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jul 6, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Jul 6, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 1790.) Ordered to engrossing and enrolling. |
| Jul 1, 2015 | Ordered to special consent calendar. |
| Jun 29, 2015 | Read third time. Passed. (Ayes 72. Noes 0. Page 2173.) Ordered to the Senate. |
| Jun 29, 2015 | Read third time. Passed. (Ayes 68. Noes 0.) Ordered to the Senate. |
| Jun 29, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 19, 2015 | Read second time. Ordered to third reading. |
| Jun 18, 2015 | Read second time and amended. Ordered to second reading. |
| Jun 17, 2015 | From committee: Do pass as amended. (Ayes 9. Noes 0.) (June 17). |
| Feb 25, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 30, 2015 | Read third time. Passed. (Ayes 34. Noes 0.) Ordered to the Assembly. |
| Apr 30, 2015 | Read third time. Passed. (Ayes 34. Noes 0. Page 843.) Ordered to the Assembly. |
| Apr 30, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 23, 2015 | Read second time. Ordered to consent calendar. |
| Apr 22, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 725.) (April 22). |
| Apr 14, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Apr 8, 2015 | Set for hearing April 22. |
| Apr 7, 2015 | April 15 set for first hearing canceled at the request of author. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 27, 2015 | Set for hearing April 15. |
| Mar 5, 2015 | Referred to Com. on GOV. & F. |
| Feb 26, 2015 | From printer. May be acted upon on or after March 28. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 6, 2015 | Special Consent #4 SB422 Monning | Senate Floor |
Passed |
|
| Jun 29, 2015 | SB 422 Monning Senate Third Reading | Assembly Floor |
Passed |
|
| Jun 17, 2015 | Do pass as amended. | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 30, 2015 | Consent Calendar 2nd SB422 Monning | Senate Floor |
Passed |
|
| Apr 22, 2015 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| County of San Mateo Parks Department | ** Support | Jun 29, 2015 |
| Guadalupe-Coyote Resource Conservation District | ** Support | Jun 29, 2015 |
| Land Trust Of Santa Cruz County | ** Support | Jun 29, 2015 |
| Marin County Parks | ** Support | Jun 29, 2015 |
| Napa County Regional Park and Open Space District | ** Support | Jun 29, 2015 |
| Peninsula Open Space Trust | ** Support | Jun 29, 2015 |
| Santa Clara County Open Space Authority | ** Support | Jun 29, 2015 |
| The Nature Conservancy | ** Support | Jun 29, 2015 |
SB 422
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 422
Amended: 6/18/15
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/22/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE FLOOR: 34-0, 4/30/15 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Hernandez, Hueso, Morrell, Runner, Vidak
ASSEMBLY FLOOR: 72-0, 6/29/15 - See last page for vote
SUBJECT: Santa Clara Valley Open-Space Authority
DIGEST: This bill changes the name of the Santa Clara County Open Space Authority (Authority), authorizes the Authority to acquire interest in real property located outside of its boundaries, and authorize the Authority’s boundaries to be altered by the annexation of contiguous territory in the unincorporated area of a neighboring county.
Assembly Amendments specify the manner in which the Authority’s boundaries may be altered by annexation and make additional non-substantive changes to this bill’s text.
Existing law:
Establishes the Authority to acquire, preserve, and maintain open space lands (SB 2027, Mello, Chapter 882, Statutes of 1992).
Allows the Authority to acquire any property inside its boundaries by any means, including eminent domain.
Prohibits the Authority from using its eminent domain powers to take property on active ranches, producing farmland, or timber production zones unless development threatens the property.
Prohibits the Authority from using its eminent domain powers unless the land taken is contiguous to publicly owned open space.
Allows regional park districts, regional parks and open-space districts, and regional open-space districts to acquire real and personal property “within or without the district.”
Prohibits a local agency from acquiring land inside a county or city until local planners review the acquisition’s conformity with the general plan. However, if the county or city disapproves the land acquisition, the local agency acquiring the land can still override the local general plan (SB 716, Farr, Chapter 1880, Statutes of 1965).
Directs that the Authority’s maximum jurisdiction includes all areas within Santa Clara County.
This bill:
Expands the Authority’s powers to acquire, hold, use, enjoy, and lease or dispose of real and personal property, and rights in real and personal property, to include real and personal property without the Authority’s jurisdiction.
Expands current statutory prohibitions on the Authority’s use of eminent domain to also prohibit the Authority from using eminent domain to take property without the Authority’s jurisdiction.
Allows the Authority’s boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000.
Requires the board of supervisors of the neighboring county to pass a resolution stating its intent to be included within the Authority’s jurisdiction before any territory in that county may be annexed to the Authority.
Changes the Authority’s name in its enabling act from the “Santa Clara County Open Space Authority” to the “Santa Clara Valley Open Space Authority.”
Background
Because natural features like watersheds do not conform to political boundaries, state law allows some special districts that are engaged in open-space preservation to acquire property interests both within and outside of those districts’ boundaries. For example, the enabling act governing regional park districts, regional parks and open-space districts, and regional open-space districts allows those districts to acquire real and personal property “within or without the district.”
Authority officials want legislators to grant the Authority the same power that state law grants to other open space districts to acquire interests in real property outside of the Authority’s boundaries. To avoid confusion over whether the Authority is a component of Santa Clara County’s government, officials also want to change the Authority’s name.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
East Bay Regional Park District
Guadalupe-Coyote Resource Conservation District
Land Trust of Santa Cruz County
Midpeninsula Regional Open Space District
Napa County Regional Park and Open Space District
Peninsula Open Space Trust
San Francisco Public Utilities Commission
San Mateo County Department of Parks
Santa Clara Open Space Authority
Santa Clara Valley Water District
The Nature Conservancy
OPPOSITION: (Verified 6/30/15)
None Received
ASSEMBLY FLOOR: 72-0, 6/29/15
AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Travis Allen, Brough, Gallagher, Grove, Low, O’Donnell, Perea, Ridley-Thomas
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
7/1/15 11:27:18
**** END ****
SB 422
Page 3
SENATE THIRD READING
SB 422
(Monning)
As Amended June 18, 2015
Majority vote
SENATE VOTE: 34-0
Committee |
Votes |
Ayes |
Noes |
Local Government |
9-0 |
Maienschein, Gonzalez, Alejo, Chiu, Cooley, Gordon, Holden, Linder, Waldron |
|
SUMMARY: Makes changes to the Santa Clara County Open-Space Authority (Authority) Act (Act) and authorizes the Authority to acquire real and personal property outside its boundaries. Specifically, this bill:
Authorizes the Authority to hold, use, enjoy, and lease or dispose of real and personal property and rights in real and personal property without the Authority's jurisdiction.
Prohibits the Authority from exercising the right of eminent domain to take property without the Authority's jurisdiction.
Authorizes the boundaries of the Authority to be altered by the annexation of contiguous territory in the unincorporated area of a neighboring county, pursuant to the annexation process established in the Cortese-Knox-Hertzberg Act. Requires, before any territory in a county is annexed to the Authority, the county board of supervisors to pass a resolution stating its intent to be included within the Authority's jurisdiction.
Renames the Authority from the Authority to the Santa Clara Valley Open-Space Authority.
Makes other technical and conforming changes.
EXISTING LAW:
Establishes the Act, and defines the formation, powers, board, and funding for the Authority.
Allows the Authority to take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within the Authority's jurisdiction, necessary to exercise its powers.
Allows the Authority to accept and hold open-space easements and purchase development credits.
Allows the Authority to exercise the right of eminent domain to take property necessary or convenient to accomplish the purposes of the Act, but prohibits the Authority from using eminent domain to take lands in active ranching, agricultural production, or in timberland protection zones that are not threatened by imminent conversion to developed uses.
Prohibits the Authority from using eminent domain, unless the real property is contiguous to property which is already owned by a public agency for open-space use.
FISCAL EFFECT: None
COMMENTS:
The Authority. SB 2027 (Mello), Chapter 822, Statutes of 1992, established the Act. The Act creates the Authority to preserve open space and create greenbelts in order to counter the conversion of lands into urban uses. The Act requires the Authority to prioritize acquiring land closest and most accessible and visible to the urban area. According to Santa Clara County Local Agency Formation Commission's (Santa Clara LAFCO) municipal service review adopted in 2013, the Authority owns 12,792 acres of land and has assisted in preserving an additional 3,103 acres of conservation easements and mitigation lands, including open space, parklands, wildlife areas, recreation areas, and watershed areas.
The formation of the Authority was not subject to review by Santa Clara LAFCO. The Act established the boundaries of the Authority to include all of Santa Clara County, except the land within the boundaries of the Midpeninsula Regional Open Space District's sphere of influence, and the City of Gilroy which did not pass a resolution to be included in the Authority. The Authority's boundary encompasses 1,067 square miles and includes the Cities of Milpitas, Santa Clara, Campbell, San Jose and Morgan Hill.
The majority of the Authority's funding is derived from benefit assessments. As an additional revenue stream, the Authority also placed Measure Q, a parcel tax measure, on the ballot in 2014, which was passed by the voters. Additionally, the Authority has identified potential grant moneys as the funding that would allow them to acquire land outside its boundaries, should the Legislature grant them that power. An area of interest for the Authority is the Pajaro Watershed, located primarily in San Benito County, as well as extended into Santa Cruz and Monterey Counties. The Watershed is part of the larger Soap Lake Floodplain project, an area outside its boundaries, where the Authority can continue to be involved in protecting the agricultural lands and natural habitats in the larger regional area. Because these watershed boundaries are geographic and do not follow political or jurisdiction boundaries, the Authority has continued to highlight the importance of regional collaboration in an effort to protect open space, wildlife habitat, and to safeguard natural water resources.
Bill Summary. Current law allows the Authority to acquire land inside its boundaries. This bill expands the powers of the Authority to acquire, hold, use, enjoy, and lease or dispose of real and personal property, and rights in real and personal property outside its boundaries. Additionally, this bill prohibits the Authority from using eminent domain to take property outside the Authority's boundaries, and changes the name of the Authority to the Santa Clara Valley Open-Space Authority.
Under the existing enabling act governing regional park districts, regional parks and open-space districts, and regional open-space districts may acquire real and personal property "within or without the district" and may annex contiguous territory through the LAFCO process. For example, if an open-space district purchases territory outside its boundaries, they are able to later submit an application to LAFCO to annex that contiguous territory into their district. This bill would also allow the Authority's to alter its boundaries by the LAFCO annexation process established in the Cortese-Knox-Hertzberg Act. Specifically, this bill would allow the Authority to annex contiguous territory into its boundaries, if the board of supervisors in a neighboring county has passed a resolution to allow for potential inclusion into the Authority.
This bill is sponsored by the Authority.
Author's Statement. According to the author, "By allowing the Authority to update its name and acquire and manage lands outside its district, efforts to conserve the region's natural environment, support agriculture and connect people with nature move forward."
Arguments in Support. Supporters argue that this bill will conform the Authority's power to those of other open-space districts, and enable the Authority to further its mission to protect the region's wildlife habitat and water supplies, and provide greater benefits to the residents of Santa Clara County. Additionally, this bill would change the name of the Authority, as the term "County" in the current name has led potential partners and members of the public to believe the Authority is a part of Santa Clara County government. As a result of this misinterpretation, the Authority wants to clarify its name to better reflect it as a standalone special district operating in the Santa Clara Valley.
Arguments in Opposition. None on file.
Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0001004
SB 422
Page 4
Date of Hearing: June 17, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
SB 422
(Monning) – As Amended April 14, 2015
SENATE VOTE: 34-0
SUBJECT: Santa Clara Valley Open-Space Authority.
SUMMARY: Makes changes to the Santa Clara County Open Space Authority (Authority) Act and authorizes the Authority to acquire real and personal property outside its boundaries. Specifically, this bill:
Authorizes the Authority to hold, use, enjoy, and lease or dispose of real and personal property and rights in real and personal property without the Authority's jurisdiction.
Prohibits the Authority from exercising the right of eminent domain to take property without the Authority's jurisdiction.
Renames the Authority from the Santa Clara County Open Space Authority to the Santa Clara Valley Open Space Authority.
Makes other technical and conforming changes.
EXISTING LAW:
Establishes the Santa Clara County Open Space Authority Act, and defines the formation, powers, board, and funding for the Authority.
Allows the Authority to take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within the Authority's jurisdiction, necessary to exercise its powers.
Allows the Authority to accept and hold open-space easements and purchase development credits.
Allows the Authority to exercise the right of eminent domain to take property necessary or convenient to accomplish the purposes of the Act, but prohibits the Authority from using eminent domain to take lands in active ranching, agricultural production, or in timberland protection zones that are not threatened by imminent conversion to developed uses.
Prohibits the Authority from using eminent domain, unless the real property is contiguous to property which is already owned by a public agency for open-space use.
FISCAL EFFECT: None
COMMENTS:
The Authority. SB 2027 (Mello), Chapter 822, Statutes of 1992, established the Santa Clara County Open Space Authority Act (Act). The Act creates the Authority to preserve open space and create greenbelts in order to counter the conversion of lands into urban uses. The Act requires the Authority to prioritize acquiring land closest and most accessible and visible to the urban area. According to Santa Clara County Local Agency Formation Commission's (Santa Clara LAFCO) municipal service review adopted in 2013, the Authority owns 12,792 acres of land and has assisted in preserving an additional 3,103 acres of conservation easements and mitigation lands, including open space, parklands, wildlife areas, recreation areas, and watershed areas.
The formation of the Authority was not subject to review by Santa Clara LAFCO. The Act established the boundaries of the Authority to include all of Santa Clara County, except the land within the boundaries of Midpeninsula Regional Open Space District's sphere of influence, and the City of Gilroy which did not pass a resolution to be included in the Authority. The Authority's boundary encompasses 1,067 square miles and includes the cities of Milpitas, Santa Clara, Campbell, San Jose and Morgan Hill.
The majority of the Authority's funding is derived from benefit assessments. As an additional revenue stream, the Authority also placed Measure Q, a parcel tax measure, on the ballot in 2014, which was passed by the voters. Additionally, the Authority has identified potential grant moneys as the funding that would allow them to acquire land outside its boundaries, should the Legislature grant them that power. An area of interest for the Authority is the Pajaro Watershed, located primarily in San Benito County, as well as extended into Santa Cruz and Monterey Counties. The Watershed is part of the larger Soap Lake Floodplain project, an area outside its boundaries, where the Authority can continue to be involved in protecting the agricultural lands and natural habitats in the larger regional area. Because these watershed boundaries are geographic and do not follow political or jurisdiction boundaries, the Authority has continued to highlight the importance of regional collaboration in an effort to protect open-space, wildlife habitat, and to safeguard natural water resources.
Bill Summary. Current law allows the Authority to acquire land inside its boundaries. This bill expands the powers of the Authority (Authority) to acquire, hold, use, enjoy, and lease or dispose of real and personal property, and rights in real and personal property outside its boundaries. Additionally, this bill prohibits the Authority from using eminent domain to take property outside the Authority's boundaries, and changes the name of the Santa Clara County Open Space Authority to the Santa Clara Valley Open Space Authority. This bill is sponsored by the Authority.
Author's Statement. According to the author, "By allowing the Authority to update its name and acquire and manage lands outside its district, efforts to conserve the region's natural environment, support agriculture and connect people with nature move forward."
Policy Consideration. Current law allows some special districts that are engaged in open-space preservation to acquire property interests both within and outside of those districts’ boundaries. For example, the enabling act governing regional park districts, regional parks and open-space districts, and regional open-space districts allows those districts to acquire
real and personal property “within or without the district" and to annex contiguous territory through the LAFCO process. Therefore, if an open-space district purchases territory outside its boundaries, they are able to later submit an application to LAFCO to annex that territory into their district.
This bill would authorize the Authority to purchase land outside its boundaries, but does not allow for a change to the Authority's boundaries which is limited to Santa Clara County in current law. Therefore, even if the Authority purchases land contiguous to its current boundary but in another county, the Authority will not be able to later annex that territory into its boundaries. The Committee may wish to consider also allowing the Authority to expand its boundaries into neighboring counties, pursuant to the established LAFCO annexation process.
Arguments in Support. Supporters argue that this bill will conform the Authority's power to those of other open-space districts, and enable the Authority to further its mission to protect the region's wildlife habitat and water supplies, and provide greater benefits to the residents of Santa Clara County. Additionally, this bill would change the name of the Authority, as the term "County" in the current name has led potential partners and members of the public to believe the Authority is a part of Santa Clara County government. As a result of this misinterpretation, the Authority wants to clarify its name to better reflect it as a standalone special district operating in the Santa Clara Valley.
Arguments in Opposition. None on file.
Committee Amendment. In response to the policy consideration raised in comment 4), above, the Committee may wish to ask the author to accept an amendment that would allow the Authority, pursuant to the annexation process established in the Cortese-Knox-Hertzberg Act, to annex contiguous territory into its boundaries. The committee amendment would be permissive and allow the board of supervisors in the neighboring counties (Santa Cruz, San Benito, and Monterey) to pass a resolution to allow for potential inclusion into the Authority, pursuant to the LAFCO process to annex territory into the Authority.
REGISTERED SUPPORT / OPPOSITION:
Support Opposition
Santa Clara Open Space Authority [SPONSOR] None on file
East Bay Regional Park District
Guadalupe-Coyote Resource Conservation District
Land Trust of Santa Cruz County
Midpeninsula Regional Open Space District
Napa County Regional Park and Open Space District
Peninsula Open Space Trust
Santa Clara Valley Water District
San Francisco Public Utilities Commission
San Mateo County Department of Parks
The Nature Conservancy
Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958
SB 422
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: SB 422
Amended: 4/14/15
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/22/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SUBJECT: Santa Clara Valley Open-Space Authority
DIGEST: This bill changes the name of the Santa Clara County Open Space Authority (Authority) and authorizes the Authority to acquire interest in real property located outside of its boundaries.
Existing law:
Establishes the Authority to acquire, preserve, and maintain open space lands (SB 2027, Mello, 1992).
Allows the Authority to acquire any property inside its boundaries by any means, including eminent domain.
Prohibits the Authority from using its eminent domain powers to take property on active ranches, producing farmland, or timber production zones unless development threatens the property.
Prohibits the Authority from using its eminent domain powers unless the land taken is contiguous to publicly owned open space.
Allows regional park districts, regional parks and open-space districts, and regional open-space districts to acquire real and personal property “within or without the district.”
Prohibits a local agency from acquiring land inside a county or city until local planners review the acquisition's conformity with the general plan. However, if the county or city disapproves the land acquisition, the local agency acquiring the land can still override the local general plan (SB 716, Farr, 1965).
This bill:
Expands the Authority’s powers to acquire, hold, use, enjoy, and lease or dispose of real and personal property, and rights in real and personal property, to include real and personal property without the Authority’s jurisdiction.
Expands current statutory prohibitions on the Authority’s use of eminent domain to also prohibit the Authority from using eminent domain to take property without the Authority’s jurisdiction.
Changes the Authority’s name in its enabling act from the “Santa Clara County Open Space Authority” to the “Santa Clara Valley Open Space Authority.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
County of San Mateo Parks Department
Guadalupe-Coyote Resource Conservation District
Land Trust of Santa Cruz County
Marin County Parks
Napa County Regional Park and Open Space District
Nature Conservancy
Peninsula Open Space Trust
Santa Clara County Open Space Authority
OPPOSITION: (Verified 4/22/15)
None received
Prepared by: Brian Weinberger / GOV. & F. / (916) 651-4119
4/24/15 15:45:07
**** END ****
SB 422 (Monning) 4/14/15 Page 2 of 2
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
SB 422 |
Hearing Date: |
4/22/15 |
Author: |
Monning |
Tax Levy: |
No |
Version: |
4/14/15 |
Fiscal: |
No |
Consultant: |
Weinberger |
||
SANTA CLARA COUNTY OPEN-SPACE AUTHORITY
Changes the Santa Clara County Open Space Authority’s name and authorizes the Authority to acquire interest in real property located outside of its boundaries.
Background and Existing Law
The Santa Clara County Open Space Authority Act (SB 2027, Mello, 1992) created the Santa Clara County Open Space Authority (the Authority) in 1993 to acquire, preserve, and maintain open space lands. The Authority’s boundaries encompass 1,067 square miles within Santa Clara County, excluding lands and communities within the boundaries of Midpeninsula Regional Open Space District and the city of Gilroy. The Authority is an independent special district governed by a board of directors with seven members who are elected by district to serve four-year terms.
State law allows the Authority to acquire any property inside its boundaries by any means, including eminent domain. The Authority must assign priority to acquiring open space lands which are "closest, most accessible, and visible to the urban area." The Authority’s enabling act prohibits the Authority from using its eminent domain powers to take property on active ranches, producing farmland, or timber production zones unless development threatens the property. Further, the Authority cannot use its eminent domain powers unless the land taken is contiguous to publicly owned open space.
Because natural features like watersheds do not conform to political boundaries, state law allows some special districts that are engaged in open-space preservation to acquire property interests both within and outside of those districts’ boundaries. For example, the enabling act governing regional park districts, regional parks and open-space districts, and regional open-space districts allows those districts to acquire real and personal property “within or without the district.” State law prohibits a local agency from acquiring land inside a county or city until local planners review the acquisition's conformity with the general plan. However, if the county or city disapproves the land acquisition, the local agency acquiring the land can still override the local general plan (SB 716, Farr, 1965).
Authority officials want legislators to grant the Authority the same power that state law grants to other open space districts to acquire interests in real property outside of the Authority’s boundaries. To avoid confusion over whether the Authority is a component of Santa Clara County’s government, officials also want to change the Authority’s name.
Proposed Law
Senate Bill 422 expands the Authority’s powers to acquire, hold, use, enjoy, and lease or dispose of real and personal property, and rights in real and personal property, to include real and personal property without the Authority’s jurisdiction.
SB 422 expands current statutory prohibitions on the Authority’s use of eminent domain to also prohibit the Authority from using eminent domain to take property without the Authority’s jurisdiction.
The bill changes the Authority’s name in its enabling act from the “Santa Clara County Open Space Authority” to the “Santa Clara Valley Open Space Authority.”
State Revenue Impact
No estimate.
Comment
Purpose of the bill. A long-range planning document adopted by the Santa Clara County Open Space Authority last year identifies multi-county open space landscapes that are critically important conservation targets. For example, in the Soap Lake Floodplain, which lies along the Pajaro River within both San Benito and Santa Clara Counties, watershed-wide land preservation efforts can help the Authority achieve multiple conservation goals. Last November, the Authority received approval from more than 2/3 of its voters to impose a parcel tax to fund the Authority’s open space preservation priorities. SB 422 lets the Authority acquire property outside of its boundaries, just like state law does for other types of open space districts, while also prohibiting the use of eminent domain on any property outside of the Authority’s territory. Authority officials note that the use of the word “County” in the authority’s official name causes some people to assume that the Authority is associated with Santa Clara County Parks and Recreation Department or some other agency within the county’s government structure. To eliminate confusion about the Authority’s status as an independent special district, SB 422 changes the Santa Clara County Open Space Authority’s name in state law by replacing the word “County” with the word “Valley.”
Support and Opposition
(4/17/15)
Support: Guadalupe-Coyote Resource Conservation District; Napa County Regional Park and Open Space District; Peninsula Open Space Trust; Santa Clara County Open Space Authority; County of San Mateo Parks Department; Marin County Parks; Nature Conservancy, Land Trust of Santa Cruz County, Marin County,
Opposition: Unknown.
-- END --
Bill Author
