BILL ANALYSIS �
SB 1169
Page 1
SENATE THIRD READING
SB 1169 (Kehoe)
As Amended August 9, 2012
Majority vote
SENATE VOTE :35-0
WATER, PARKS & WILDLIFE 12-0
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|Ayes:|Huffman, Halderman, Bill | | |
| |Berryhill, Blumenfield, | | |
| |Campos, Fong, | | |
| |Beth Gaines, Gatto, | | |
| |Roger Hern�ndez, Hueso, | | |
| |Jones, Yamada | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
SB 1169
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preparing a natural community conservation plan to provide
comprehensive management and conservation of multiple wildlife
species.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : In 1997 the City of San Diego (City) signed a
50-year agreement with the United States Fish and Wildlife
Service to conserve approximately 55,000 acres of open space
within the City of 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
two-thirds 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. 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
citywide election if the open space dedication were to be done
by adoption of a 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.
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 the City of San Diego's regional conservation goals
and strengthen the commitments made as part of the MSCP.
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004493