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Open Space and Land Protection on the November Ballot!
 
by Lennie Roberts, Brian Schmidt and Holly Van Houten

When you go to the ballot box this November, you will be faced with many confusing choices. And the stakes are high. Voting for or against initiatives, bond measures and sales tax measures could significantly impact the environment, both positively and negatively. This article reflects the endorsements of the CGF Board of Directors and covers two statewide measures impacting the environment and two critical county measures.

NO on Proposition 90
…Threatens Statewide Environmental Protections
Proposition 90 is the most significant measure affecting environmental law on this November's ballot. Backers of the measure tout it as “needed eminent domain reform,” but Proposition 90 is far more broad reaching and dangerous — threatening our coastline, open space, farmland, air and water quality and other natural resources.

If passed, it would effectively abolish the passage and enforcement of basic laws that protect the environment and would have a significant fiscal impact to local and state governments. Under the language of Proposition 90, virtually any action taken to protect the environment could allow landowners to claim the action caused their property to lose value, and demand huge payments to compensate their claims of “loss,” however reasonable those claims were.

The scope of the regulations that could trigger such lawsuits is large. Some examples include:

• Protection of old growth forests, wetlands, coastal areas, agricultural lands, public parks and open space
• Urban growth boundaries
• Neighborhood zoning protections, affordable housing requirements, setbacks, height limits, or local land use restrictions
• Amendments to general plans, specific plans, or zoning ordinances
• Developer mitigations, such as requiring open space or streamside protection, and
• Developer contributions to schools, housing or parks

In addition, Proposition 90 would allow virtually anyone to bring a lawsuit claiming a new law or regulation has reduced the value of their property or business — no matter how far-fetched the claim — and taxpayers could pay millions of dollars just on the litigation costs alone. A similar measure in Oregon passed in 2004 has already resulted in 2000 claims requesting $3.8 billion in compensation. To avoid such expensive litigation and claims, local and state governments would likely have no choice but to allow environmentally destructive actions or face huge payouts to a few developers.

This measure could undo all the victories we have worked so hard to win. Tom Adams, President of the California League of California Voters says, “hidden inside this measure is a loophole that would make pollution a property right, creating windfall profits for polluters at a huge cost to ordinary taxpayers.” CGF’s Board of Directors has voted to oppose this measure and we hope you will vote NO on Proposition 90. For more information, please visit the campaign website at www.NoProp90.com.

YES on Proposition 84
…Statewide Funding for Parks and Open Space
Voters have six statewide bond measures to consider this November. Five were placed on the ballot through negotiations between the Governor and the State Legislature, to provide funding for everything from roads, to levees, to housing and educational facilities. Unfortunately, those initiatives do not address the ongoing need for open space acquisition and parks funding. Funding provided by Proposition 40, passed in 2002 for clean water, parks and open space, is almost running out with critical funding gaps remaining.

A citizens’ initiative, Proposition 84, made it onto the ballot — thanks to a wide variety of conservation organizations, including CGF — would make $5.4 billion available for water quality, flood control, fish and wildlife, and parks and land acquisition programs that are critical to preserving Peninsula open space. Proposition 84 would also support projects like the San Francisco Bay Trail and Bay Area Ridge Trail as well as county park programs.

For more information, please visit the campaign website at www.yeson84.com.

Yes on San Mateo County Measure A
…Fund “Parks for the Future”
After numerous unsuccessful attempts to place a measure before the voters over the past decades, San Mateo County residents will have the historic opportunity to secure dedicated funding for their parks in November.

San Mateo County, unlike other counties, does not have a dedicated funding source for its parks even though parks are an essential part of our communities and our quality of life. The lack of county-level funding results in fewer rangers and a backlog of deferred maintenance. The Midpeninsula Regional Open Space District recent expanded to include the San Mateo Coast but is not receiving assessments from the lands recently added. Limited funding for city parks has also resulted in program cuts and millions in deferred maintenance at local parks.

Proponents worked hard to ensure that the measure guarantees more money for parks. The funds are flexible and can be spent on what the city, county or special district needs the most, including hiring additional staff, purchasing new parklands and open spaces, maintaining trails, improving recreational programs and facilities, and improving access to parks and playgrounds for the disabled.

Measure A would increase San Mateo County's sales tax by 1/8 of one cent for 25 years to provide dedicated revenue for county parks, city parks and recreation districts, raising $16 million annually for parks. The cost for the average person is $18 annually. Cities and the County must use this new money to increase their park budgets and can not cut their existing park budgets.

Measure A has widespread support from the San Mateo County Board of Supervisors, cities, environmental organizations, San Mateo County Association of Realtors and hundreds of local residents and businesses. Two-thirds approval by the voters is needed to pass this measure.

Please help by contributing to the campaign and encouraging your friends, co-workers and neighbors to vote for Measure A. For more information, visit www.parksforthefuture.com.

Yes on Santa Clara County’s Measure A
…Protect Against Sprawl
More than 58,000 Santa Clara County registered voters signed petitions this spring to move the Land Conservation Initiative onto the November 7th ballot as Measure A — protecting Santa Clara County’s remaining valuable natural resources from being paved over and lost forever. Measure A will protect our hillsides, streams, watersheds, wildlife habitats and agricultural lands from large-scale development by amending the County’s General Plan.

In recent decades, Santa Clara County has experienced tremendous growth in housing and traffic. With the population of Santa Clara County estimated to grow by another 500,000 people by the 2030, where that growth occurs will have tremendous implications for the region’s quality of life.

Measure A allows continued growth, but maintains a healthy balance between urban areas and the beauty and peace of our hillsides and rural environments. The Initiative would help focus growth within city limits and create better protections for lands already designated as hillsides, ranchlands, or large-scale agriculture. This Initiative is similar to measures passed in San Mateo County in 1986 and in Alameda County in 2000. Like those measures, the Initiative reduces the amount of sprawling subdivisions that can occur in rural working landscapes. Such measures have withstood legal and political challenges, and are the bedrock for environmental protection in the counties where they have passed.

For many years, CGF has participated in a coalition of environmental groups to lock in protections in the General Plan. Yet, current provisions protecting open space and agricultural lands are vulnerable to an override by a vote of just three County Supervisors. The pressure to develop these lands is very real, and Measure A will safeguard the county's rural lands from that pressure.

Measure A can help prevent sprawl and keep rural lands rural. Vote YES on the Land Conservation Initiative in November. For more information, visit www.openspace2006.org.

Published October 2006 in Green Footnotes.

Page last updated October 24, 2006.