BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 422


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          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:   


          1)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.  


          2)Prohibits the Authority from exercising the right of eminent  
            domain to take property without the Authority's jurisdiction. 


          3)Renames the Authority from the Santa Clara County Open Space  
            Authority to the Santa Clara Valley Open Space Authority.  


          4)Makes other technical and conforming changes.  








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          EXISTING LAW:   


          1)Establishes the Santa Clara County Open Space Authority Act,  
            and defines the formation, powers, board, and funding for the  
            Authority.  


          2)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.  


          3)Allows the Authority to accept and hold open-space easements  
            and purchase development credits.  


          4)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.  


          5)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











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          COMMENTS:  


          1)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  








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            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.  


          2)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.  


          3)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."


          4)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  








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            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.  


          5)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.  


          6)Arguments in Opposition.  None on file.  








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          7)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









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          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