ABAG - Open-Space Land Preservation Agreement
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CJe.
AGREEMENT RELATING TO THE
PRESERVATION OF OPEN-SPACE LAND IN THE
SAN FRANCISCO BAY AREA
THIS AGREEMENT is made and entered into by and between the Association
of Bay Area Governments, hereinafter called the Association, and certain county
and city governments and other public agencies, each of which is hereinafter
called a "Public Agency," within the California counties of Alameda, Contra
Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma.
WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the
State nf California authgrizes the joint exercise by agreement of two or more
public bodies of any power common to them; and
WHEREAS, the Association has been created as an agency established by
agreement among its members pursuant to the Joint Exercise of Powers Act for
development of policy and action recommendations concerning metropolitan and
regional functions within the nine counties enumerated above, hereinafter
called the Bay Area; and
vlliEREAS, the Associatinn has assumed the responsibility for regional
planning in the Bay Area a~d has completed generalized land use and open-space
inventories; and
WHEREAS, the Associati~n is undertaking the preparation of a Regional
General Plan with ~pen-space, shoreline, circulation, and land use elements
to serve as a general framework and guide for the coordinated development of
the Bay Area; and
PAGE TWO
WHEREAS, each Public Age~cy, pursuant to State or local law, exercises,
or participates in the exercise of, responsibilities for the preservation of
open-space land in all or a portion of the Bay Area through the acquisition
by gift, purchase, or condemnation of title to or other permanent interests
in undeveloped land, or predominantly undeveloped land which has value for
park and recreational purposes, conservation of land and other natural resources,
or historic or scenic purposes, and desires to cooperate with the Association
and all of the other public agencies in the preservation of such open-space land
in accordance with the open-space policies for the Bay Area, now being estab-
lished by the Association; and
WHEREAS, Title VII of the Housing Act of 1961 authorizes the Housing
and Home Finance Administration to help finance the acquisition of title to,
or other permanent interests in, open-space land.
NOW, THEREFORE, THIS AGREEMENT WITHNESSETH, That the Association and each
Public Agency do agree as follows:
1. It is the intention of the parties hereto to cooperate with each
other in the joint exercise of responsibility for the acquisition and preserva-
tion of permanent open-space land in the Bay Area and in the development of such
plans, policies and procedures as will best promote this objective.
2. As a basis for programs for the acquisition of title to, or other
permanent interests in, land to be used as open-space land, each Public Agency
shall transmit to the Association a long-range, open-space plan for the part or
parts of the Bay Area for which such Public Agency exercises or participates in
the exercise of responsibilities for the preservation of open-space land. The
Association shall utilize the plans so transmitted in developing a coordinated
Regional Open-Space element of the Regional General Plan or modification
thereof. Upon completion by the Association, the Regional
PAGE THREE
Open-Space Element 2hDJ~ be the basic guide for acquisition of regional open-
space land by each participating Public Agency.
3. Prior to the acquisition of title to, or other permanent interests
in open-space land or, when Federal aid will be sought, prior to the filing
of an application with the Housing and Home Finance Agency for a grant under
Title VII of the Housing Act of 1961, each Public Agency shall submit an open-
space land acquisition program to the Association for review as to conformance
with the Regional Open-Space Element of the Regional General Plan. Each open-
space land acquisition program shall contain (1) a map showing the location
of the land for which title, or some other permanent interest is to be acquired
and (2) a statement describing the interest or interests to be acquired and
the open-space use or uses proposed for such land.
4. It is not the purpose or objective of the Association to make
detailed individual site plans or general local park or playground plans.
5. It is understood and agrecd that each Public Agency generally in
the exercise of responsibilities for the preservation of open-space land,
shall be guided by the reviews, plans and policies of the Association, provided
that nothing herein contained is intended to require any Public Agency to
take any action which it is . not authorized to take, or to refrain from taking
any action which it is required to take, pursuant to the Federal, State or
local law under which such Public Agency is created or under which it exercises,
or participates in the exercise of, responsibilities for the preservation of
open-space land in all or a portion of the Bay Area.
6. This agreement shall be effective upon its execution by Public
Agencies exercising Open-Space Land responsibilities for at least 60% of
the geographical area involved within the nine-county San Francisco Bay Area.
Thereafter, additional Public Agencies may, from time to time, execute this
PAGE FOUR
agreement, and such execution, subsequent to the effective date of this agree-
ment, shall not be deemed to re~ire its re-execution by each Public Agency
which had theretofore executed the same.
Executed by the Ci ty
of Gilroy
this 4th
day
of October
,19---22-. I
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B~~~~rs~!/~< c=~~._
ASSOCIATION OF BAY AREA GOVERNMENTS Mayor
4L
"'k- · cf/
Executive Director &
Secretary-Treasurer
ATTEST
,~)/? ? ,'iIi-I..
, Sus~nne E. Payne
City Clerk
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