By a 3-2 vote, financial study on controversial land-use measure
is denied by county supervisors
By Tony Burchyns Staff Writer

San Jose – Santa Clara County supervisors voted 3-2 Tuesday morning against conducting a study on how a proposed land-use initiative would affect county finances.

Supervisors Don Gage and Pete McHugh voted in favor of the report while supervisors Blanca Alvarado, James Beall and Liz Kniss opposed it.

Some supporters of the initiative, including environmentalists and a long list of city, state and regional officials, were against the study fearing it would not be balanced, while opponents, mainly private land owners, wanted the study to show its financial impact on county coffers.

The measure, especially controversial in South County, would restrict the number of homes that can be built in unincorporated rural areas, especially lands zoned for ranches and hillsides.

The initiative was spearheaded by a Palo Alto-based environmental group called People for Land and Nature. It asks voters to reduce, among other things, the number of houses allowed per 160 acres of unincorporated ranches and large farms. The current cap is eight; the measure prescribes four.

The initiative also aims to strengthen protections of streams, wildlife habitats and woodlands by limiting what proponents call harmful land uses near such regions.

But skeptics, including Gage, argue the initiative goes too far and includes too many unknown financial and legal consequences.

With 800 square miles in his district, including 50 percent of the county’s unincorporated land, Gage demanded further study on behalf of his constituents.

Among other things, he said voters needed to know how the initiative would impact the county’s ability to attract and maintain business, fund transportation for schools through property taxes, meet state housing mandates and pay for litigation he feared would could occur if the measure passes.

Nearby counties have enacted similar measures in recent years, but many of those counties, including Monterey and San Benito, commissioned impact reports first.

“I believe that we owe it to our voters to gather as much information as possible before placing this on the November ballot,” Gage argued. “We have a responsibility to keep them informed.”

Alvarado suggested letting voters make up their own mind.

“The board of supervisors did not propose this initiative,” she said. “It was brought to us by groups who have spent a considerable amount of time soliciting signatures. At this point, it is out of our hands. Our obligation is to certify the signatures and place the initiative on the ballot.”

Supervisor Liz Kniss, whose district includes the second largest amount of unincorporated land, said there was no time for a thorough report. She also feared the results would be twisted by political campaigns.

“What I’d be very concerned about with the report, and we’ve certainly heard it here this morning, is it would be a great deal of unintended political fodder,” she said.

Under state law, the county would have had until July 20 to get the report done.

A large brigade of environmentalists attended the supervisors meeting and spoke during an open hearing. But the group was met by a sizable faction of land owners who also spoke.

Morgan Hill Mayor Dennis Kennedy said there should be no delay in putting the measure on the ballot. Too many of Morgan Hill’s prime agricultural lands and ridgelines, he said, have already been “inappropriately” developed in ways that obstruct scenic views and don’t meet county housing needs.

“I urge you to trust the voters, have confidence that the voters are intelligent, that they can read the language and can vote appropriately,” Kennedy told the board.

On the other hand, Jenny Derry, executive director of the Santa Clara Farm Bureau, said voters should be encouraged to go to the polls in November knowing all the facts.

“The board of supervisors are, for all intents and purposes, the CEO’s of our taxpayers’ county business. They are in a unique position to provide analysis by an outside third party so that voters have all the information available when they go to the polls in November.”

In two separate votes, supervisors certified the petition voted to place the initiative on the November ballot.

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