BILL ANALYSIS �
SB 1169
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Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1169 (Kehoe) - As Amended: March 29, 2012
SENATE VOTE : 35-0
SUBJECT : Natural Community Conservation Planning; San Diego
Open Space
SUMMARY : Provides that lands designated by the San Diego City
Council as of January 1, 2013 as open-space lands are
statutorily dedicated open space lands. Specifically, this
bill :
1)States legislative findings and declarations regarding the
City of San Diego's Multiple Species Conservation Plan and
agreement with the United States Fish and Wildlife Service to
conserve open space lands, noting that approximately 6,600
acres were previously converted to dedicated open space prior
to January 1, 2008, and that the City of San Diego has
identified 10,000 additional acres that are eligible to be
converted to dedicated open space and has voted to support the
effort to have those lands so dedicated.
2)Provides that lands designated as of January 1, 2013 as
open-space lands in a document entitled "Declaration of the
Dedication of Land" approved by a resolution of the San Diego
City Council, as specified, are dedicated land under the City
Charter of San Diego.
3)Makes other technical changes.
EXISTING LAW authorizes the Department of Fish and Game (DFG)
under the Natural Community Conservation Planning Act (NCCP) to
enter into agreements with public entities for the purposes of
preparing a natural community conservation plan to provide
comprehensive management and conservation of multiple wildlife
species.
FISCAL EFFECT : None; this bill is non-fiscal.
COMMENTS : In 1997 the City of San Diego signed a 50-year
agreement with the U.S. Fish and Wildlife Service to conserve
SB 1169
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approximately 55,000 acres of open space within San Diego under
the Multiple Species Conservation Plan (MSCP). The MSCP is a
long-term habitat plan that was also developed in accordance
with California's NCCP program. A 2006 staff report to the San
Diego City Council identified 16,000 acres of open space within
San Diego eligible for conversion from "designated" to
"dedicated" open space. Dedicated open space offers greater
protection than designated open space because it cannot be sold
or exchanged without a 2/3rds vote of the people. Open space
lands in San Diego may be "dedicated" as open space lands either
through adoption of a city ordinance or through enactment of
state legislation. In 2007, the Legislature passed SB 373
(Kehoe), Chapter 644, Statutes of 2007, which effectively
dedicated approximately 6,000 acres of the 16,000 acres
identified as suitable for dedication as open space. SB 373 was
heard in the Assembly Water, Parks & Wildlife Committee and
passed this committee by a vote of 9-3. The City of San Diego
is sponsoring this bill to have the remaining 10,000 acres
dedicated as open space. Having this done by statute saves the
City the cost of a city wide election if the open space
dedication were to be done by adoption of city ordinance. The
author and sponsors indicate that enactment of this bill will
save the city approximately $1.5 million. All of the properties
that would be dedicated as open space under this bill are lands
which are currently owned by the city of San Diego in fee title.
Arguments in Support : The City of San Diego indicates that the
costly process of dedicating open space lands through enactment
of a city ordinance has prevented the city from exercising that
option. Extension of the sunset date on the earlier legislation
dedicating open space lands through statute will expedite the
conversion of open space and save the city significant scarce
local funds. Dedication of these lands as open space will also
help meet San Diego's regional conservation goals and strengthen
the commitments made as part of the MSCP.
REGISTERED SUPPORT / OPPOSITION :
Support
City of San Diego (sponsor)
Azalea Park Neighborhood Association
California Native Plant Society
Endangered Habitats League
Estrada Land Planning
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Environment California
Friends of Rose Canyon
Friends of Switzer Canyon
La Jolla Community Planning Association
San Diego Audubon Society
San Diego Canyonlands
San Diego City Councilmembers: Sherri S. Lightner, 1st Dist.;
Todd Gloria, 3rd Dist.;
Anthony Young, 4th Dist.; Marti Emerald, 7th Dist.; David
Alvarez, 8th Dist.
San Diego Coastkeeper
San Diego County Water Authority
San Diego Unified School District
Sierra Club, San Diego Chapter
The Friends of Tierrasanta Canyons
32nd Street Canyon Task Force
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096