BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1169|
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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 Le�n, 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
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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
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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
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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
Hern�ndez, 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 P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
P�rez
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NO VOTE RECORDED: Valadao
CTW:n 8/15/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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