OSA -- 20% Funding Program

20% Funding Application Form [PDF] or Word

20% Funding Program Policy

Statement of Intent

These policies and procedures are to implement the Santa Clara County Open Space Authority’s (hereinafter, the Authority) 20% funding program by which the Authority annually allocates 20% of the net proceeds of its capital funds to the participating jurisdictions for acquisition and development of eligible open space projects, as provided in the 5 Year Expenditure Plan. “Participating jurisdictions may accumulate their annually allocated 20% Funds for the period of generally not more than five years during which time the Authority would hold such funds.”

A successful program should reflect the policies and philosophy of the Authority. The Authority will foster open space preservation in a timely and efficient manner.

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Statement of Eligibility

Open space acquisition and development projects undertaken by the participating jurisdictions are eligible for 20% Funding Program funds if they are consistent with the Authority’s Criteria for Acquisition (see page 9 of the 1996 Open Space Plan, hereinafter, the 1996 Plan).

20% funds may also be used for environmental restoration and/or planning and construction of projects that provide or enhance open space that is consistent with the Authority’s Definition of Open Space (see page 5 of the 1996 Plan), and open space goals and policies of participating jurisdictions.

Examples of site development/restoration projects that may be considered for 20% funding program include (but are not limited to) the following:

Projects that enhance a site’s open space benefits, including rehabilitation consistent with the Authority’s definition of environmental restoration (see page 5 of the 1996 Plan).
Projects that enhance public awareness and appreciation of open space, such as trails, overlooks, observation blinds, benches, and interpretive signage programs.
Projects that convert surplus or abandoned lands (including, but not limited to, utility right-of-ways, surplus school sites, quarries, etc.) into lands with open space benefits consistent with the Authority’s definition of open space.

A participating jurisdiction may use the 20% funds for acquisition of a site with existing structures, provided that the overall site is consistent with the Authority’s Acquisition Criteria.

Additional changes to approved development plans or a property acquired with the 20% funds may not be changed in the future without review and approval of the Authority’s Board of Directors.

Any appraisal, legal, escrow, or other acquisition related activities, and any maintenance shall be managed and paid for by the participating jurisdiction.

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20% Funding Program Application Procedure

Section 1 -- Application Procedure

A. Call for Applications

The Authority staff sends correspondence (e.g. letters or e-mail) along with copies of the 20% Program Funding Policy and prescribed application forms the beginning of each fiscal year (July 1) to participating jurisdictions. Staff will request information on proposed projects and identify 20% funds currently available to the participating jurisdiction.

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B. Required Application Information

Participating jurisdictions shall apply in writing to the Authority utilizing the prescribed application form for specific projects on which they wish to expend 20% funds. Projects may include land acquisition, planning and construction and/or environmental restoration, and related direct capital costs within the Authority’s boundaries, but shall exclude the costs for maintenance and operation, administrative overhead, staff time, and insurance premiums. Applications from participating jurisdictions shall include, at minimum, the following information:

Name and location of the proposed project.

A brief description of the proposed project.

If the project involves acquisition, a description of how the project is consistent with the Authority’s Criteria for Acquisition, and open space goals and policies of participating jurisdictions’ General Plans.

If the project involves site development or site restoration, a description of how the project is consistent with the Authority’s Definition of Open Space, and open space goals and policies of participating jurisdictions’ General Plans.

Total cost (excluding long term maintenance cost and other administrative overhead) of the proposed project and requested funding from the Authority, as well as the source and amount of any additional funds.

Anticipated long-term maintenance cost, which shall be excluded from the total project cost.

Staff may request additional information as it deems needed to complete the application.

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C. Review Procedure

To receive funds from the Open Space Authority’s 20% Funding Program, a participating jurisdiction is required to submit a completed application for any new project a minimum of 90 days before a decision is expected. Upon the acceptance by the staff of a completed application, the Authority staff shall process the Application and submit it to the Citizens Advisory Committee (“CAC”) and Board for their consideration.

This application review process includes technical review by the Authority staff and its legal counsel, and the review and recommendations of the CAC to the Board. The Authority’s Board of Directors will make the final decision with consideration of the CAC recommendation and public comments.

When an application is received by the Authority Staff, the CAC will be informed, noting which participating jurisdiction’s project, and the name, location and general nature of the project. This will provide CAC members the opportunity to familiarize themselves with the basic location and nature of the project so that they can be more prepared when the participating jurisdiction presents its project application at a CAC meeting.

The participating jurisdiction will be offered an opportunity to present its project to the CAC and the Board.

Depending on the size and complexity of the project, the CAC may make its recommendations to the Board at the same meeting after the CAC hears the project presentation. However, the CAC may decide that action should be deferred to the next meeting to answer significant questions or resolve outstanding issues prior to finalizing its recommendation to the Board.

D. Project Change

After the application is approved, the participating jurisdiction may not change the project, or its design or use, unless such changes are approved by the Board.

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Section ll -- Program Policy

A. Accumulating Fund

Participating jurisdictions may accumulate their annually allocated 20% funds for the period of generally not more than five years during which time the Authority would hold such funds. A participating jurisdiction may request that the Authority holds its fund for a longer period for a specified project that requires a greater funding level than what would be accumulated in five years. If such a request has not been made, and if after five years the participating jurisdiction has not expended its 20% funds, the Authority shall encourage the jurisdiction to apply for funding. If the participating jurisdiction chooses not to reapply, or if after ten years the participating jurisdiction still has not expended or planned for its fund, the Board may choose to direct those funds of over 5 years in age to other participating jurisdictions or to the Authority’s general 80% funds.

B. Interest on Accumulation

Interest on accumulating 20% funds accrues to the account of the participating jurisdictions. Interest must be used for approved 20% Funding projects.

C. Project Indemnity

As a condition of agreement, the participating jurisdiction shall , indemnify and hold harmless Authority from and against any and all claims, losses, demands, damages, costs, expenses, injuries, judgments, penalties, obligations and liabilities whatsoever for or in connection with or in any way related to the use of 20% Program Funds.

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D. Fund Disbursement and Accountability

1. Fund Disbursement

The Authority will disburse these funds, or part thereof, after the participating jurisdiction submits copies of invoices or receipts showing expenses incurred by the participating jurisdiction for the project and the Authority’s General Manager is satisfied that such expenditure is necessarily and reasonably incurred. The Authority shall only disburse funds in an amount that is no more than that shown on the participating jurisdiction’s invoices or receipts, and under no circumstances shall the total amount disbursed to the participating jurisdiction for the project exceed the approved amount.

2. Project Audit and Accountability

The participating jurisdiction shall retain all records pertaining to the project for audit purposes for a period of three (3) years after completion of the project or until all project related claims have been fully and finally settled, whichever occurs last. Participating jurisdiction shall make all project records and data available to the Authority within five (5) business days of the Authority’s written request.

Subject to (a) above, and prior to the participating jurisdiction’s disposal of any or all project records, the participating jurisdiction shall notify the Authority and the Authority shall have the opportunity to place the project records in storage unless a written release is provided to the participating jurisdiction by the Authority’s General Manager.

Audits may be conducted at the Authority’s discretion. The Authority conducts at least two types of audits. The audits will take two forms: (1) a walk through inspection of the project and an informal review of the project records by Authority staff, (2) a formal financial audit conducted by either Authority staff or a consultant. Participating jurisdictions shall be prepared and cooperate with both types of audits.

In the event audit or inspection of the project records results in the disclosure of any unauthorized expenditures or activities, participating jurisdiction shall, within thirty (30) days of the date of Authority’s written demand, repay Authority for all funds received for such unauthorized costs or activities. Participating jurisdictions shall also pay Authority’s investments, and all costs of the audit(s) or inspection(s).

Participating jurisdictions shall submit project status reports quarterly. Authority staff will give the status reports at scheduled CAC and Board meetings, as they deem appropriate.

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E. Project Recognition

Authority funding of participating projects shall be recognized through appropriate site signage during and after construction, or other means as approved by the participating jurisdiction and the Board.

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