BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1169| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1169 Author: Kehoe (D), et al. Amended: 8/9/12 Vote: 21 SENATE NATURAL RESOURCES AND WATER COMM : 7-0, 3/27/12 AYES: Pavley, Cannella, Fuller, Kehoe, Padilla, Simitian, Wolk NO VOTE RECORDED: La Malfa, Evans SENATE FLOOR : 35-0, 4/12/12 AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon, Cannella, Correa, De León, DeSaulnier, Dutton, Emmerson, Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Pavley, Price, Rubio, Simitian, Steinberg, Strickland, Vargas, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Corbett, La Malfa, Padilla, Runner, Walters ASSEMBLY FLOOR : 79-0, 8/13/12 - See last page for vote SUBJECT : Natural community conservation planning SOURCE : City of San Diego DIGEST : This bill converts up to 10,000 acres of remaining designated open-space lands identified in the document "Declaration of the Dedication of Land" to "dedicated" open-space lands in the City of San Diego. CONTINUED SB 1169 Page 2 Assembly Amendments add Assemblymember Atkins as a coauthor. ANALYSIS : Existing law: 1.Exempts from specified provisions of the act any natural community conservation plan or subarea plan initiated on or before January 1, 2000, or amendment thereto, by Sweetwater Authority, Helix Water District, Padre Dam Municipal Water District, Santa Fe Irrigation District, or the San Diego County Water Authority, which the Department of Fish and Game (DFG) determines is consistent with the approved San Diego Multiple Habitat Conservation Program or the San Diego Multiple Species Conservation Program, if DFG finds that the plan has been developed and is otherwise in conformance with the act. 2.Deems certain lands designated as open-space lands as of January 1, 2008, to be dedicated land under the City Charter of San Diego. This bill converts up to 10,000 acres of remaining "designated" open-space lands identified in the document "Declaration of the Dedication of Land" to "dedicated" open-space lands in the City of San Diego. Background The City of San Diego has over 10,000 acres of open space owned in fee title by the city, that are eligible for conversion from "designated" open space to "dedicated" open space. "Dedicated" open space offers greater protection to the land because it cannot be sold or exchanged without a 2/3 vote of the people. Open space land that is listed as "designated" may be sold or traded by a vote of the City Council. Conversion of city open space from "designated" to "dedicated" may be accomplished with a city ordinance or with a statute of the State Legislature. San Diego has been unable to secure city funding to convert the land from "designated" to "dedicated" open space, thus is seeking a statute from the State Legislature. The impetus for this conversion of open space land is that SB 1169 Page 3 in 1997, San Diego signed a 50-year agreement with the U.S. Fish and Wildlife Service to conserve approximately 55,000 acres of open space within San Diego under the Multiple Species Conservation Program (MSCP). The MSCP is a long-term habitat conservation planning program that is designed to preserve native habitat for multiple species rather than focusing efforts on one species at a time. The MSCP works in accordance with the California Natural Community Conservation Planning Act (NCCPA; FGC §2800) which has the stated goals of conserving, protecting, restoring, and enhancing natural communities. San Diego's MSCP has been developed cooperatively by participating jurisdictions/special districts in partnership with federal/state wildlife agencies, property owners, and representatives of the development industry and environmental groups. A report to the city council from 2006 (Report No. 06-168) identified over 16,000 acres of open space within San Diego as eligible for conversion from "designated" to "dedicated" open space. In 2007, a resolution was unanimously passed by the mayor and city council to support the effort to convert this land to dedicated open space. That same year, SB 373 (Kehoe) enabled the conversion of approximately 6,600 acres of the over 16,000 acres identified in the report, to be converted to dedicated open space. There still remains about 10,000 acres that need to be converted. Under the NCCPA, the legislature is to provide assistance with the implementation of natural community conservation plans. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/15/12) City of San Diego (source) Azalea Park Neighborhood Association California Native Plant Society - San Diego Chapter Councilmember David Alvarez, City of San Diego Endangered Habitats League San Diego Coastkeeper Friends of Rose Canyon Friends of Switzer Canyon SB 1169 Page 4 Friends of Tierrasanta Canyons Kevin Beiser, Board Member District B, San Diego Unified School District La Jolla Community Planning Association San Diego Canyonlands San Diego Unified School District Board of Education Councilmember Marti Emerald, City of San Diego Councilmember Todd Gloria, City of San Diego Council President Anthony Young, City of San Diego San Diego Audubon Society Estrada Land Planning, Inc. Councilmember Sherri Lightner, City of San Diego San Diego County Water Authority Environment California ARGUMENTS IN SUPPORT : According to San Diego Mayor Jerry Sanders and the San Diego City Council, the cost to San Diego to convert the 10,000 acres of land from designated to dedicated open space would be in excess of $2 million. By dedicating these lands via a legislative statute, maximum protection can be afforded to the identified 10,000 acres without incurring the estimated $2 million cost. Supporters listed above cite the cost savings to San Diego and the help it will provide in meeting San Diego's regional conservation goals in the MSCP. ASSEMBLY FLOOR : 79-0, 8/13/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez SB 1169 Page 5 NO VOTE RECORDED: Valadao CTW:n 8/15/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****