Amended in Assembly June 18, 2015

Amended in Senate April 14, 2015

Amended in Senate April 6, 2015

Senate Bill No. 422

Introduced by Senator Monning

(Coauthor: Senator Beall)

(Coauthor: Assembly Member Mark Stone)

February 25, 2015

An act to amend Sections 35100, 35101, 35103, 35120, 35152, and 35153 of, begin delete and end delete to amend the heading of Division 26 (commencing with Section 35100) of, begin insert and to add Section 35122 to, end insert the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority.

LEGISLATIVE COUNSEL’S DIGEST

SB 422, as amended, Monning. Santa Clara Valley Open-Space Authority.

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 authority’s 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. begin insert Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided. end insert

This bill begin delete would, in addition, end delete begin insert would end insert authorize the authority to acquire, but not to take by eminent begin delete domain end delete begin insert domain, end insert interests in real property that are without the authority’s jurisdiction, necessary to the full exercise of its powers. begin insert The bill would also authorize the authority’s boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. end insert The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The heading of Division 26 (commencing with
Section 35100) of the Public Resources Code is amended to read:

 

Division 26.  SANTA CLARA VALLEY OPEN-SPACE
AUTHORITY

 

SEC. 2.  

Section 35100 of the Public Resources Code is
amended to read:

35100.  

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 begin delete midpeninsula end delete begin insert Midpeninsula end insert Regional
Open-Space District. Each city situated within the maximum
jurisdictional boundaries shall pass a resolution stating its intent
to be included within the authority’s 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
authority’s jurisdiction. The creation of the authority is not subject
to review by the Santa Clara County Local Agency Formation
Commission.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 35122 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 35122. end insert   

Notwithstanding Section 35120, after the establishment
of the authority’s 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 authority’s jurisdiction
before any territory in that county may be annexed to the authority.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 35152 of the Public Resources Code is
amended to read:

35152.  

begin insert (a) end insert begin insert   end insert 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 authority’s 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.

begin delete

Priority

end delete

begin insert (b) end insert begin insert   end insert begin insert Priority end insert 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.

begin delete

Lands

end delete

begin insert (c) end insert begin insert   end insert begin insert Lands end insert 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.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert authority begin delete may end delete begin insert shall end insert not validly convey begin delete any end delete begin insert an end insert 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.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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 authority’s jurisdiction.
Furthermore, the authority shall not acquire any interest in real
property by eminent domain unless the real property is contiguous
to real property begin delete which end delete begin insert that end insert is already owned by a public agency
for open-space use. For purposes of this section, “owned” includes
begin delete any end delete begin insert a end insert 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 board’s 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 begin delete which end delete begin insert that end insert 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
authority’s jurisdiction, the authority shall not exercise its right of
eminent domain on that property.