BlackletterCalifornia law

DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100. - 35186.]

Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1.

§§ 35100–35186 · 43 sections

  1. CHAPTER 1. General Provisions §§ 35100–35106 · 6 sections
    • § 35100 This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.
    • § 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…
    • § 35102 “Agricultural activity” has the same meaning as “agricultural activity, operation, or facility, or appurtenances thereof” as defined in subdivision (e) of…
    • § 35103 “Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
    • § 35105 “County” means the County of Santa Clara.
    • § 35106 “Governing board” means the governing body of the authority.
  2. CHAPTER 2. Creation of the Open-Space Authority §§ 35120–35124 · 5 sections
    • § 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…
    • § 35121 (a) If, after the establishment of the authority’s boundaries pursuant to Section 35120, territory within the authority is annexed to a city which is outside…
    • § 35122 Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of…
    • § 35123 (a) Commencing in 2008, the elections of members of the governing board shall be held during the statewide election in November of the year that the term…
    • § 35124 Each member of the governing board may receive compensation in the amount of seventy-five dollars ($75) for attending each meeting of the governing board, not…
  3. CHAPTER 3. Administration §§ 35130–35137 · 8 sections
    • § 35130 At the first governing board meeting in January of each year, the governing board shall select a chairperson who shall preside at all meetings, and a vice…
    • § 35131 The governing board shall adopt rules for its proceedings consistent with state law.
    • § 35132 A majority of the members of the governing board constitute a quorum for the transaction of business. All official acts of the authority require the…
    • § 35133 The acts of the authority shall be expressed by motion, resolution, or ordinance of its governing board.
    • § 35134 All meetings of the governing board shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the…
    • § 35135 The governing board shall do all of the following: (a) Adopt an annual budget following the public hearing required under Section 35136, hire an independent…
    • § 35136 (a) Notice of the time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government…
    • § 35137 The authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System to include the employees of the authority…
  4. CHAPTER 4. Powers and Functions §§ 35150–35160 · 11 sections
    • § 35150 The authority may adopt a seal and alter it at its pleasure.
    • § 35151 The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
    • § 35152 (a) 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…
    • § 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…
    • § 35154 The authority may, upon a four-fifths vote of the governing board and after holding a public hearing pursuant to Section 6061 of the Government Code, exchange…
    • § 35155 All property acquired by the authority shall be properly maintained in a reasonable fashion consistent with the natural conditions existing upon the…
    • § 35156 The authority may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain lands, trails, natural areas, and other…
    • § 35157 All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as…
    • § 35158 The authority may accept funds or donations from any public or private source for the purposes of acquisition of open-space lands or for projects which are in…
    • § 35159 (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion,…
    • § 35160 (a) Notwithstanding Section 35159 or any other law, upon approval by the board of directors of the Santa Clara Valley Open-Space Authority, the design-build…
  5. CHAPTER 5. Funding §§ 35170–35175 · 6 sections
    • § 35170 The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues…
    • § 35171 (a) The authority shall review and assess the needs for acquisition, preservation, or maintenance of open-space lands. As part of this review and assessment,…
    • § 35172 (a) Subject to Section 4 of Article XIIIA of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction…
    • § 35173 The authority may levy assessments pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond Act of 1915,…
    • § 35174 The authority may incur indebtedness to finance capital improvements pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the…
    • § 35175 The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing…
  6. CHAPTER 6. Coyote Valley Conservation Program §§ 35180–35186 · 7 sections
    • § 35180 This chapter shall be known, and may be cited, as the Coyote Valley Conservation Program.
    • § 35181 The authority may establish and administer the Coyote Valley Conservation Program to address the resource and recreational goals of the Coyote Valley, as…
    • § 35182 The Legislature finds and declares all of the following: (a) Coyote Valley is a unique landscape providing agricultural, wildlife, recreational, climate, and…
    • § 35183 For purposes of this chapter, the following definitions apply: (a) “Coyote Valley” means all areas southeast of a line drawn northeast to southwest through a…
    • § 35184 The authority may collaborate with state, regional, and local partners to help achieve all of the following goals of the program: (a) To provide recreational…
    • § 35185 In carrying out the purposes of this chapter, and without limiting the express or implied powers of the authority as provided in this division, the authority…
    • § 35186 (a) A proponent or party to a proposed development project converting natural lands or working lands within Coyote Valley for a nonagricultural purpose shall…