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 county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of
supervisors.
A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
Chapter 2Creation of the Open-Space Authority
Section § 35120
The Santa Clara Valley Open-Space Authority was established on February 1, 1993, to oversee open spaces in Santa Clara County. However, it doesn't cover areas within the Midpeninsula Regional Open-Space District. Cities within the authority's area must pass a resolution to be included by January 15, 1993. If a city doesn't pass this resolution, it won't be part of the authority's jurisdiction. The creation of this authority does not require approval from the Santa Clara County Local Agency Formation Commission.
Santa Clara Valley Open-Space Authority Midpeninsula Regional Open-Space District jurisdiction city resolution board of supervisors open space management February 1 1993 January 15 1993 Local Agency Formation Commission county boundaries sphere of influence open-space governance Santa Clara County authority exclusion city participation
Section § 35121
If a territory within an authority's boundaries is annexed by a city outside the authority, that territory can be detached following specific state guidelines.
If a city outside the authority wants to be included in its jurisdiction, it must pass a resolution. After this, the city can be annexed into the authority using the same guidelines. If the authority has a special tax or fee, this tax or fee must be applied to the new territory by following established procedures, including notifying residents and potentially holding a vote.
(a)CA Public Resources Code § 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 the authority, that territory may be detached from the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).
(b)CA Public Resources Code § 35121(b) If, after the establishment of the authority’s boundaries pursuant to Section 35120, a city which is outside the authority’s jurisdiction desires to be included within the authority’s jurisdiction, the city shall adopt a resolution as provided in Section 35120. Following the adoption of the resolution, the territory within the city may be annexed to the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). If the authority levies a special tax or an assessment and proposes to extend that special tax or assessment to the territory proposed to be annexed, the annexation shall not be complete until the authority complies with the procedures for levying the special tax or the assessment in that territory, including notice, hearing, and an election, in that territory, when required.
authority boundaries territory annexation city resolution Cortese-Knox-Hertzberg Act local government reorganization territory detachment special tax procedures notice and hearing tax or assessment extension local jurisdiction inclusion annexation process territory reorganization government code compliance local elections for tax
Section § 35122
This law explains how the boundaries of an authority can be expanded to include nearby areas from a neighboring county. To do this, the area being considered must be next to the current boundaries and follow a specific legal process called the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000. Additionally, before any area in the neighboring county can be added, the county's board of supervisors must officially declare they want to be part of the authority by passing a resolution.
Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority.
authority boundaries annexation process contiguous territory unincorporated area neighboring county Cortese-Knox-Hertzberg Act Local Government Reorganizing Act boundary alteration board of supervisors intent resolution jurisdiction expansion territory annexation
Section § 35123
Starting in 2008, elections for members of the governing board must take place in November during the statewide election in the same year their terms end. These elections and terms follow the Uniform District Election Law, which is part of the Elections Code.
Any vacancies on the governing board should be filled according to the rules in Section 1780 of the Government Code.
(a)CA Public Resources Code § 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 expires.
(b)CA Public Resources Code § 35123(b) The elections and the terms of office of the members of the governing board shall be determined pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
(c)CA Public Resources Code § 35123(c) Any vacancy in the office of a member of the governing board shall be filled pursuant to Section 1780 of the Government Code.
governing board elections November statewide election term expiration Uniform District Election Law Elections Code vacancy Section 1780 Government Code election scheduling filling vacancies governing board terms election procedures district election law board election rules
Section § 35124
This law allows each member of a governing board to be paid $75 for attending each meeting, but they can only be compensated for up to two meetings in a single month. Additionally, they can be reimbursed for any actual and necessary expenses incurred while performing official duties that are required or approved by the board. Whether a member's activities are eligible for such compensation is determined under specific sections of the Government Code. The reimbursement rules for expenses follow particular guidelines set in government code sections.
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 to exceed two meetings in any calendar month, together with any actual and necessary expenses incurred in the performance of his or her official duties required or authorized by the governing board. The determination of whether a member’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for expenses is subject to Section 53232.2 and 53232.3 of the Government Code.
board member compensation meeting attendance payment expense reimbursement government board meetings compensable activities official duties expense reimbursement rules meeting limit compensation eligibility performance of duties government code actual expenses necessary expenses board member duties reimbursement guidelines
