HomeMy WebLinkAbout0123.092-
~anua=y 16, 1992
THE HO~ORABLE CIT¥ COu~CIL
PALO ALTO, CALIFORNIA
Members o~ the Council:
Report in Brief
"THE SUBJECT OF
THIS REPORT
ISA
COUNCIL PRIORITY 12
Sen3te Bill 797 ~ould create the San Francisco Bay Area Regional
Commission which succeeds to the powers and duties of the
Association of Bay Area Governments I the Metropolita~
Transportation Commission, ~nd the Bay Area Air Quality Management
District and \tlIould provide for the development of a regional growth
management strateqy. Senator Morgan, who introduced SB 797, has
asked all jurisdictions within the nine-county Bay Area to ~eview
and comment on a recent draft of the legislation. This report
summarizes the current provisions of the bill, diSCUsses existing
city position5 relevant to the bill, and provides a draft position
state~ent for Council approval.
Mcxground
Senate Bill 797 is an outgrowth of the work of the Bay vision 2020
Commission which began in 1989. The Council studied the report of
the Commission, met in ::;tudy session 'With the Plannino Commission
and representatives of the BV2020 Comcission, and developed a
position in support of the Commiss1on's recommendations. A copy of
a letter to the chairman of the Co~~ission expressing that support
is attached (Attachment 1.)
Senator Rebecca Morgan agreed to introduce legislation on behal.t" of
the Bay Vision 2020 commission. In the months since the
publication of the Bay Vision 2020 commission's report, work on
advancing the Commission's recommendations has been conducted
through the Bay Vision Action Coalition (SVAC) and the Bay Vision
2020 Local Elected Convenors (BVLEC). The current content of S8
797 is A result of their efforts. In addition to formulating the
content of the bill, BVAC is turning its attention to daveloping
public and le.gislative support for the bill. SEnator Morgan"s
staff and staff from the Senate Office of Research have been
CKR:123:92
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'Working 'With BV.'t.C.
reqisteret1 IOQbyist
legislation.
BVAC has also reta ined i(er'lTleth Emanuels, a
in Sacramento, to ass hit in advancing the
Senate Bill 197 i2 one of five key bills pending in the state
Legislature dealing with growth mclnaqement and regional governance,
each of 'Which approaches the issues from a differ-ent perspective.
The authors of the bills, and the Senate and Assembly Local
Government Committees~ are presently 'Waiting for release of
Gove~nor WilEents -blueprint to manage california's growth and
futUre" ~hich ~as alluded to in the Governor's State of the State
Messaqe on January 8, 1992, before scheduling hearings.
Staff continues to monitor all meetings of the Bay Vision Action
Coalition and other meetings and hearings pertaining to regional
governance and growth management proposals.
ADa1ysis of Senate Bill 797
Senate Bill 797 was introduced in March 1991 as a vehicle for
carrying the proposal of the Bay Vision 2020 Commission. Senator
Horgan made it clear that the bill text .. ould be amended as the
proposal was further refined and as Bay Area jurisdictions and
constitUents had opportunities to study it. Durin.g the 1991
legislative session, the five key bills dealing 'With regional
governance and growth management, including 58 797, moved through
their houses of origin without substa.ntial debate or amendment.
The intent was to ha~e each positioned in the other house's I~a1
Government committee when hearings would resume in early 1992.
A major rewrite of SB 797 occurred in November with t.he assistance
of the Bay vision Action Coalition. It is that version which
Senator Morgan has distributed for comment and which is discussed
below. As Senator Morgan's cover letter indicates, she is
receptive to fu,ther amendments to the bill. See Attachment 2 for
the working draft of 58 797.
StnolABX OF BrLL TEXT COMMENTS
Article 1. Ge~~~rgvisiQns
Section 65078
This section presents ten
findings and declarations
regarding the need for regional
grovth management in the San
Francisco Bay Area.
CMR: 123: 92
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These findings are drawn from
the conclusions stated in the
final Report of the Bay Vision
2020 COmIl',ission.
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Pa;e 3
Article 2. San Francisco Bay Area Regional cOmmission
Se~tion 65078,10
The region encompasses the nine
Bay Area counties. 5eqinninq
January 1, 1994, the Commission
shall succeed to the powers ana
duties of ABAG. MTC, and
BAAQMD~ thus assuming responsi
bility for regional housing
need~, regional trBnsport~tian
planning, and air quality
managem:ent~
During the year 1993, the
interim governing board will be
formed, may hire an executive
directo:r and other staff, and
shall prepare a transition plan
for consolidation and merger-of
the three agencies.
CMR:123:92
Some jurisdictions have
suggested inclusion of the
Regional water Quality Control
Board and BCDC in the initial
consoliciation as .... el1. The
City's position has been that
inclusion of other agencies
should be evaluated later by
the interim regional
commission; planning the merger
of even tl:.ree agencies dur ing
the transition year-liill be a
siqnifi~ant task.
Attachment J illustrates th~
proposed timeline for the
Interim Regional Commission,
assuming enactment of sa 797
during the 1992 legislative
session. During 1993, the
qovernir.g boards and agency
staffs of ABAG, MTC, and BAAQMD
~ill continu~ to carry out
their responsibilities
alongside the work of the new
interim commission governing
board. Senator Morgan has
~learly stated that there will
be no additio~al state funding
fer implementation of this
legislation. The costs
as~ociated. wictl the new interim
co-mmission durir.g the 1993
transition year will have to be
drawn from an existing source,
perhaps a proportiona 1
allocation from each of the
three agencies. After January
1, 1994, economies should be
realiled, e.g., the 77 members
of the three governing boards
will be reduced to the 57 m~m-
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IVXHA8X or BILL T~
The interim governing board of
the commission will consist Qf
57 members, selected as
follo'a's:
17 members -elected city
officials
11 members -elected
county officials
18 public (not elected)
members
5 urban representatives -
may be elFected
officials or public
members.
The 34 elected officials lire
allocated in a manner
reflective of the relative
population thI'oughout the nine
counties. The five urban
representatives 'Will be drawn
from the three largest cities.
The 18 public members ~ill be
selected by majority' vote of
the city and county me~ers of
the ir.terim governing board r
from a list of nominees
submitted by the say Vision
2020 commission, and also are
to generally reflect the
relative population of each
county within the region. The
entire qoverninq board shall
reflect the racial, ethnic,
social, gender, and income
diversity ot the region.
ClIR: 123 :92
COMMENTS
bers of the interim governing
board and duplication of
certain staff functions may ~
eliminated.
The Bay vision 2020 commission
had originalh~ recommended a
governing board of 35-40
members. S'..lbsequent discussion
by jurisdictions within the
rEgion established a strong
conviction that equal
repres~ntation could only be
achieved with a larger
governing board. The City's
ini tial concern was that even
40 members 'Would be an unwieldy
body. but the count~r argument
is that there will be much 'Work
to be done during the three
ye.ars and the larger body of 57
members may work effectively
through a committee structure.
For Santa Clara County, the
elected officials representa
tion on the interim qoverninq
board would cons ist of four
members of the Board of
Supervisors, two city officials
appointed by the city Selection
committee and tw·.) selected by
the City of S~n JC,Jse. The
Mayor of San Jose would appoint
two additional urban
representati ves. As the most
populous county in the region,
Santa Clara County would be
allocated four public members
as "Well. Thus a total of 14.
members, or nearly 25% of the
57-member interim governing
board, 'Would represent Santa
Clara County.
Page .5
BUMXARY or IILL TIXT
om, 123,92
The represent~tion plan con
tained in the draft bill was:
put fo~arQ by the B&y Vision
Locdl Elected Convenors and is
generally supported by the
santa Clara County Beard of
Supervisors4 The Santa Cla.ra
county Cities Association has
taken the position that a
ma.jority of the elected me~rs
should repre&ent cities, rather
than being evenly divided
between cities and counties.
As an alternative, staff
suggests that the elected
offici31s to be appointed
within a county should be
determined by a majority of the
Board of Supervisors ancl a
majority of the cities
representing a majority of the
population in the county. In
this manner, the leqislation
need not require that four
fifths of t..l].e Santa Clara
county Board of supervisor~
serve on the regional governing
board. It ~"ould enable all
cities and counties to
determine th~ configuration
which best suits each countyrs
needs and characteristics.
The City had previously stated
that reflecting relative popu
lation as the basis for rep~e
sentation is important, as long
as there are safeguarQs to pro
tect the more rural, undevel
oped areas from domination by
the urban areaS4
The bill is silent concerninq
the chairperson of the interim
qoverning boar-d.
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page 6
The interim governing board
shall remain in effect until
such time as th:e Leqislature
enacts a ti:1al reorganization
plan.
Al te.rnates snaIl not serve in
the place of appointed members
to the interim governing boaTd~
~MM.2NTB
It is important tna t the
composition of the interim
governing board be thoughtfully
and equi tab11' de! ined. That
body will be responsible for
r-eco-mmending the organization
of the permanent. Regional
Commission and it will bee
guided by its experience and
present membership.
This prohibition is important
for continuity and the ability
of the board to complete its
tasks 1n the limited time
available.
Section 65078.12
The comm.ission shall be subject
to the Brown Act.
A majority vote of the entire
board is necessary to approve
any matter before it~
A-I::.ticle ;).
certain matters 'Wl1ich 'Will come
before the board will be of
such signi.ficance Ulat a
"super-majority" vote, i~e"
two-thirds, is 'Warranted~
Examples of such matters could
include modification of an
urban growth boundary or
approval of a project of
regional significance that has
been disapproved by the
subregion.
Regional stX_i!tegy
section$ 65978.20 and 65078.21
These sections state the goals J
objectives, and policies for
the management of the growth of
the region through the year
2020. See pages 5-9 of the
draft bill. Language is still
to be provided on protection of
agricultural land (page 6) and
the study of long-term
population growth (page 9) •
CMR:123:92
staff has reviewej the goals,
ohjectives, and policies and
finds then to be consistent
'With City policies and goals.
The emphases inclUde
environmental protection,
compact urDan development in
and around existing communi
ties, planned and coordinated
urDan growth, and provi~ion of
needed housing.
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Also among the bill's
objectives are the examination
of alternatives for the more
e~~itable allocation and
distribution on a r~qional or
6ub-~eqional basis of tax
income from new commercial,
industrial, and high-value
residential dev5!lopment (page
9.) The m~nTler in ... hich this is
'Wor-ded is CO!"lS istent 'Wi th the
City's earlier position on the
Bay Vision 2020 commission
report.
~ction 6507&.22
This section identifies the
elements 'Which shall be
contained in the comprehensive
regional stra~egy which the
commission shall draft,
includinq standards for meetinq
reqional needs and recommended
i.plem.entation measures. It is
this Which will form the basis
for the enablin~ legislation
which will be acted. upon by the
State Legislature and Governor
in target year 1996.
Re-rerence to the equitable
allocation oe tax revenue
appea,rs again in this section
[(el (1) on page 10 J, but the
word "new N is missing from the
phrase ·commercial, industrial,
and high-value residential
development.· This is a
significant distinction and
council should urge the
rest.oration of the 'Word "new".
Section 65078.23
This section outlines the
manner in which ur-ban growth
bounda7:ies will be develope.d
and the steps br which the
plans of local communities will
come into conformity with the
overall regional goals. It
calls for development incentive
program5 to ensure that
development occurs ~.i:thin the
urban qrowth bounda r i es . Th e
CMR:l23:92:
References are made thr-oughout
to subreqions l however they are
not clearly defined in the
dreft bill. The Bay Vision
Action Coalition is con~inuin9
to refine a proposal for
subregions and further
am.endment of the bill can be
expected in this regard. There
is a strong rationale for
declarinq counties to be
synonymous with subregions and
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Paqe B
BVMMARJ 07 BILL TEIT
Commission 'Will also develop
sanctions or disincentives for
communities that fail to meet
reqional obj ect! ves for co!!!pact
development~
Upon approval of the urban
growth boundar ies r the
Commission shall exercise the
minimum level of direct or
appe.llate revieW' of local or
subreqicnal land use decisions
necessary to assure conformity ..
This section also requires the
establishment of procedures for
the review, approval~ and
appeal of amenclments to urban
growth boundar i as • Ma j 0 r
changes would be restricted to
five-year intervals.
CMR:123:92
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COMXENTB
also in allowing counties to
form additional subregions with
all or part of adjacent
counties and 'With contiguous
cour.ties olJtside the region ..
It is advisable to keep the
proce ~ ~ for defining subregions
as sir.:ple! as possible during
the transition period, so that
the bulk of the effort can be
directed at coordinating the
content of the regional
st't'"ategy.
This is consistent with the
City's position that
jurisdictic'l1s must be able to
formulate their own plans
within a regional context.
Staff recommends that the
Council support the procedures
outlined in the draft bill for
the establishment of urban
growth boUndaries which will
protect natural resource lands,
open space, commercial agri
culture, and outdoor recreation
resources and .,hj ch w·ill
designate area~ where develop
ment will be encouraged~
Amendment of the urban growth
boundaries should be permitted
only when consistent with
adopted grovth forecasts and if
the lands proposed for
inclusion are not critical
resource lands. The effective
ness of the regional strategy
\iill depend upon strong urban
growth boundaries.
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BUHKARY OP JILL TEJT caHKENTB
~iQn 65078.24
Each year's tasks of the
interim governing board are
outlined in this section.
During 1993, the Commission
will ~ working '~ith local and
subregional agencies and
enti ties to assemblE existin9
plans and data, review
community goals ,and objectives
for consistency, and solicit
recommendations. A work plan
and procedures wi 11 tie adopted.
During 1994, a d::::-att regional
strateqy shall be" prepared and
circulated to all local
jurisdictions and the pl"::blic
for review and comment. On or
before January 1, 1996, the
interim qoverning board shall
adopt a tinal regional strategy
and sut-mit it to the
Legislature and ~h8 Governor.
In the event t..'le Leqislature
fails to act by July 1, 1996~
the bill authorizes the interim
commission to implement and
carry out the proposed regional
strategy until a final plan is
enacted.
CMR,123,;2
Three years is a short time to
l!cccmplish the transition and
regional planning process, but
politically it is essential to
de so. 3ecaus~ o.f the tenn
limitations which have been
imposed upon the state legis
lators, if the recommendations
of the interim Regional com
~ission are not acted upon
dut'ing the 1996 session, much
of the impetus and legislative
support for this regional
growth management bill may be
gone.
It is important to describe the
tasks in such a way that they
can reasonably be accomplished
within the time and resources
available to the interim
Commi asion and the 1 oca 1 and
subregional aqencies. Item
(a.) (1) on page 11 states that
"The interim regional board
shall encourage and assist each
city and county ... • To avoid
unrealistic expectations, it
would be more prudent to say
in~tead: -Each city and county
wi thin the region shall
review... and the interim
reqional board. shall provide
limited assistance if need eo . ~ II
The draft bill is essentially
silent on conflict resolution.
Statf recomlnends that some
language be added which
provides criteria for the
resolution of conflic'ting local
or s~bre9ional plans which may
occur during the development of
the regional strategy I or
provide a procedure by 'Which
the conflict can be mediated.
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~y OF BILL TEXT
Section 65078.25
This final section addresses
po~ential sources of funding
for the interim regional board
and the regional' commission~
~~Positioo on Senate Bill 797
The toill suqqests tttat funds
could be drawn frl')m existing
and future motor vehicle fuel
taxe5 and vehicle license fees
(VLF). The city should oppose
any effort to obta in the new
VLF revenue -rhich resulted from
AB 434 (Sher) enacted. in 1991
and which in Santa Clara county
will fund TDM activities.
Staff has review&d the position which council developed during its
study of the Ba_¥ Vision ;:020 Report and which was expressed in the
Mayor's letter of June 11, 1991 to the Chair of the Bay Vision 2020
co~ission. Staff has now drafted an expanded position statement,
to encompass the additional issues raised in SB 797, tor council
revieW' and adoption. Ser;i J-.ttachment 4.
In addition to ~irectly advising the author concerning the City's
position on sa 797.1 the City should continue to 'Work 'With the Santa
Clara county Cities Association. ABAG. and the League of California
Cities to advance the City's position in support of the
leqislation.
Recommendation
Staff recommends that the council approve the statement of council
position on SB 797 regarding San Francisco Bay Area Regional Gro.,.th
Management and direct that a letter from the Mayor be sent to
Senator Horgan expressing the Council's positio~.
Respectfully submitted,
~til:Yf-
Assistant to the City Manager
'-1 a ~~/0Z . »
J FLEMING / ~ASsistant Ci y nager
CXR:123:92
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Attach1r;;ents: 1. Letter to Chair-of BV2020 Comndssion, 6/11/91-
2. Letter from Sena~or Morgan conveying workinq
draft of S8 797.
3. Proposed Bay Area Interim Regional Commission
Timeline.
4. Draft Positio~ Statement of Palo Alto city
council reqar-dinq S8 797.
Related CMRS: 2042:91, 4/25/91, Bay Vision 2020
CHR:123:92
315:91, 6/6/91, Bay Vision 2020: City Response
488:91, 10/31/91, Regional Governance and Growth
ManaqementProposals: status Report
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A'M'ACBMENT 1
Ira Michael Heyman
Chairlllan
Say vision 2020 Commission
Bay Vision Action Coalition
Hearst Buildin.g
5 ThirQ Street, Room 608
San Francisco, CA 94103
Dear Chairman Heyman:
June II, 199~
The Palo Alto City Council is en~husiastic about the .ork of the
Bay vision 2020 Commission and applauds the efforts of the
commissioners. We are appreciative of the participation of
Commissioners Peter Giles and Bob 'Hang in the study session .hich
our Council and Planning Commission recently hel~ on ~~e Bay Vision
2020 propos.al.
The Palo Al to City Council has re.viewed and discussed the Bay
Vision 2020 Report and is in accord with the three basic principles
of the Commission as expressed in your letter ~hich prefaces the
body of the report. The Bay Area nl?eds a better regional approach
to growth management.
We agree 'With the ccncern expressed by the commission that tItere
are. an array of separa.te special-pl:rpose agencies de~_ling lJith
issues such as air quality, water quality, and transpo~tationl but
there is no single place where complex regional issues can be
considered, decisions made~ and policies carried out.
We support t~~ creation of a regional organization that will help
local governments to do their jobs better and more efficientl}",
that viII provide a better basis for decision making, and that will
assist local jurisdictions in working cooperatively with
neighbcring jurisdictions.
We believe the problems facing ~~e Bay Area are severe enough to
wa~rant the crea.tion of a different way of addressing growth
management issues, even though this may lessen the independence of
local jurisdictional land use decision making authority. This
belief is premised, however, on the widerst~nding that clear
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distinctions must be drawn between which projects are local and
which are regicnal. Local jurisdictions must retain control over
local projects. Only in this ~ay can communities retain their own
u.-dqueness. .Jurisdictions :must be able to formulate their owrn
plans within the regional context. The cities of Santa Clara C01.l.nty
are. gaining some experience in this area: throl.lgh the development of
the congestion Management Frogram.
We accept t:'1e commission's rationale. for maintaining the nine
county Bay Area arrangement, but believe that subregions can play
.an important role in land use planning and address ing the j ohs
housing imbalance. We have mixed feelings on how subregions should
be defined. The existing county boundaries should not be
sacrosanct i often, relationship:=; across county lines are more
important than relationships W'ithin the county. Effici.ency and
flexibility should be goals in defining subregions.
Rev~nue-sharing to address inequities at a subregional level is an
issue that should be studied as the Bay Vision 2020 proposal ~oves
forward. We concur wi"":h the need to find a: way to equitably
distribute revenues associated 'with new ldnd use.s. We do not th.ink
it is feasible to specify a revenue-sharing mechanism in the
enabling legislation, as some have suggested. This c::ould only
serve to delay implementation of the Regional Commission.
We agree that the Regional Commission should begin with the
consolidation of ABAG, MTC, and BAAQMD. It is important, however,
that the consolidation net result in diminishing the technical
capabiliti~s of the three agencies. The addition of other agencies
should be studied and pursued after the developme~t of the initial
regicnal plan.
The enabling legislation authorizing the ner.: Regional com. .... ission
should spell out how the final decisions regarding the formation,
structure, and responsibilities of the pe!"Jlanent Regional
Ccmmission will be made.
It is our hope that the regional plan produced by the Regional
Commission would be Rvisionary". By this, we ~ean a plan which
.sets forth stz'ong c::lear goals to be achieved ..... ithin the region:
goals Which 4ddress the current inequities associated ~ith jobs,
housing, and servicesj goals which aim to reduce the adverse
impacts on the Say Area environment and infrastructure. To
accomplish that, it ~ill be necessary for certain authority to flow
frolt. the top down. As stated above, we believe it is essential
that local jurisdictions continue to create their own local plans,
but compatibilitr with regional and subregional plans must be
required. Otherw'ise, the plan developed by the Regior.al CODm.ission
may serve only to protec::t lo~al interests.
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We ur-ge inclusion 'Wi thin the initial duties of the ne ... · Regional
Commission the authority to revic .... ~ and approve or deny developments
of regional importance. The C~mmission must adopt strong
standards t clearly articulating .... hat distinguishes a regional
impact. The Commission must have this a"Uthority at the onset, to
prevent the acceler3~ion cf local land uze development decisions
before the regional plan is co~pleted.
We concur that the initial governing board should be appointed
rather thCi.!"l. elected~ The me:nbership should be heaYily weighted
towerd elected officials, with the predominance being from local
qovernment~ Each of the nine counties must feel that they are
fairly represented on the governing board. If representation is
based solely on population, it ... 111 be disadva.ntageous to those
areas ... hich are just :now facing gro .... th. We are hesitant to endor'se
the size of the governing board suggested in the Say Vision .2 02 0
Report: a board made up of 35-40 people seems too lar~e~ Most
importantly, the members ... ho serve on t~e board must have the time
and commitment to actively participate in tl"1.e ..... ·ork and meetings of
the Commission.
1'hank you for the cpportuni ty to vIJice our cOmJllents on the Say
Vision 2020 Report. It is our vieW" that the citizens and
jurisdictions of the Bay Area should seize this opportuni-cy to
craft a plan for the Bay Area, rather than ~aiting and allo'Wing the
state to impose a new regional structure on us. We look forward to
being actively involved in the further development of the proposal.
cc: Santa Clara CO·lJnty Cities Association
City Managers, Santa Clara County
County Executive~ santa Clara County
Association of Bay Area Governments
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Jack Sctorius, Mayor
City of Palo Alto
P.O. Box 10250
250 Hamilton Aven
Palo Alto, A 94
Dear
STATE SE""ATOR
REBECCA Q. MORGAN
e __ EVENTH DISTRICT
January 2, 1Si32
If YOll were able to attend one of my November-, 1991
meetings regarding ~eqional growth management, I thank you
for your comments. I received some valuable input at those
meetings. My bill r sa 797, is not yet in its final forro.
Since all of us who live in the nine county Bay ~rea will be
affected by any regional growth management plan~ I am again
asking for your help in ensuring that we get a plan that
adequatel~' addresses our needs~
This letter specifically asks for your input on ~hat
may be improved in 5B 797 to make it effective for the Bay
Area and your own co~unity. A copy ~f a recent draf~ of 58
797 is enclosed for your review. since my legislative
schedule does not allow me to meet with each of you
individually, I nope you will take the time to "write to me
regarding your city's p-srspect.ive on regional gl'owth
manaqement~ Please be as brief and c~ncise as possible. r a~
particularly interested in learning your vie ... ·s on hO\lri cities
and counties should be represented on the Interim Regional
Commission, recognizing that protecting diversity is a
ftbottom lineR issue for me.
The hearings on 58 797 will start in late January or
early Feb~~ary. So that I may have an opportunity to reflect
on your comments, I would like to have your letters no later
than mid-January.
Your input is important to me in drafting this bil1~
Thank you so much for taking the time to shara your views on
this important subject.
Sincerely,
REBECCA Q.
RQl'!:pc
L
DRAn'
12/23/91
summary of SB 797
Steve Sanders
__ ~~ .... L etl ...... -
To aodress the growing conservation, economic
develop:ment~ anG social concerns of the Bar Area, a
growth-management strategy for the nine-county Bay Area
region to r:-oordinate the actions of regional and local
aqencies will be develcped and presented to the
Legislature.
(The Bay Area is defined as the nine counties that
berder on San Francisco Bay and San Pablo Bay.)
2. The regional strategy will be developed through a
"bottoms up~ approach that begins with the plans of
counties, cities, Congestion Management Agencies. and
others working on growth issues. Cities and counties
will be encouraged to form ·sub-regional-associations
to tackle cOlMlon problems and pr.opose growth lTlanageme.'1t
sclutions.
In addition, the region will invite co~tiguous counties
outside th~ region to join in planning on issues suc~ as
transportation, housing. agricultural land protection,
etc.
3. To draft the regional growth-management strategy; an
interim Regional Co~,ission for the Bay Area will be
created by merginq three existing single-purpose
regional agencies: the Association of Bay Area
Governments, the Bay Area Air Quality Management
District, and the Metropolitan Transportation
Commission.
4. In preparir<g its gro'lorth-management strat.egy. the intet"ir:1
Regi~nal Commission is directed to:
Encourage comp3ct dev~lopment and discourage urban
sprawl, through s~ch measures as urban growth boundaries
set by local and sub-regional 6gencies that would
protect valuable natural ~escurces and at the same ti~e
designate areas ~here development would be encouraged.
Recommend ~hether other agencies (such as Regional
Water Quality Control Beards or ~ater supply agencies)
should be merged into the Regional Commission after
three years.
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Recommend fiscal measures necessary to carry out the
reqion~l st~ategy, including the sharing of tax revenues
from new industrial, commercial, and high-cost
reside~tial development.
Recommend other changes in la'W or fiscal pol icjo'
needed to put the gl"owth-managellJent strategy ir..to
effect.
5. The interim Regional commission will carry out the
duties of the three ageneies to be ~erged. The interim
Regional commission will have DQ additional po~er5 and
nQ additional sources of revenue beyond those currently
available to the three existing regional agencies.
6. The interim Regional com:nission will t.ave three years to
prepare the strategy; any provisions requiring new state
laws would not take effect unless ratified by the
Legislature and the Governor during 1996.
7. Tee first year of this process viII be a year of
transition, in which the interi. Regional commission wili
organize its \rtj'ork ..,hile the three agencies to be merged
continue to carry out their legal responsibilities.
This is to ensure that there is no interruption in the
important work of the three existing r~gicnal agencies~
8. For the three-year interim period, the governing board
of the consolidated Regional Commission will total 57
~embers. Of thes~, two-~~irds will be elected officials
of city and county government. The remaining one-third
will be public members, appointed by the local officials
after a specified public nominations process~
rhe goal is to have a governing board reflective of
local communities, consisting ct people with experience,
knowledge, and interest in regio~al issues, and also a
board that reflects the geographic, racial~ ethnic,
social~ gender and economic diversity of the region.
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PLEASE NOTE' THIS IS A WQ.RXING DRAFT OF SB 797!
S8 797
DRAFT REVISIONS
NOVEMBER 25, 199~
~~ENDED IN SE~ATE
AMENDED IN SENATE
INTRODUCED BY Senator Morgan
MARCH 7, 1991
Jt:NE 10 1 1991
APRIL 22, 1991
An act to add Chapter 2.3 (commencing with section
65078) to Division 1 of Title 7 of the Government Code,
relating to local gcvernment~
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Chapter 2~3 (co~rnen=ing with Section 65078)
is ad:ded to Division 1 of Title 7 of the:: Governl:lIant
Code, to read:
CfL~PTER 2.3. SAN FRANCISCO BAY AREA REGIOrIAL
GROWTH MANAGEMENT
Article 1. General Provisions
65078. The Legislature finds and declares the
following:
(a) The nir.e countias that horder on the San
Francisco Bay are a single, interdependent region
environmentally, economically, functionally. and
governmentally.
(b) The location, quality. and quantity of the San
Francisco Bay areats 9ro~th has transcended the ability
of the existing governmental structu=e to plan for and
manage the region's growth. The result has been
environmental, economic, and social da!':'.ag;;;.
(c) The nine-county San Francisco Bay area needs a
democr~tic, ac~ounta~le, responsive political structure
to link and integrate the policies of the ma~y local
governments, special districts, and singlc-pu~pose
agencies responsible for rnanagi~g the region's
develop~ent and preservation.
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(d) In 1990, there were approximately ~,OOO,OOc
people in the nine bay area counties. The Association
of Bay Area Governments forecasts an increase t~
7,000,000 in t}-~e year Za~d, and more by 2020~
Population and ~rowth trends indicate that the highest
ratss of development are at the region's edge, that
nearly all bay area cities with projected growth rates
over 30 percent trom 1990 to 1005 are outside the core
of the region, and that growth is occurring at
relatively low densities. dispersing the location of
both housing and employment and consuming valuable open
space.
{e) Dispersed housing and employment patterns and
low-density development have an adverse impact cn
regional transportation. As jobs and homes spread
further apart~ trip lEngths increase, while more traffic
conqestion means more time spent in delay. Increased
commuting impacts roads not designee to handle th~
increased traffic volumes. Lo~ densities make it more
difficult to serve new development with transit in order
to ~educe congestion and other transportation problems.
(fJ current growth trenos impede achievement of
economic development objectives. Oisparsion of
employment causes job opportunities to move away from
lower income residents of central cities. In addition.
dispersed development ~equi~es costly new
infrastruct~re, which must ~e built even though usable
infrastructIJre is otten available in older communities.
tg) Housing prices have risen to the point that ~he
great majority of bay area ~esidento ~ho do not
p~esently own a home are unable to buy one. Fair share
housing goals~ 01 Which communities plan for a
reasonable share of the region's needed housing J
represent impor~ant efforts to build housing for people
o~ all incomes throughout the bay area, but few
communities have fully achieved their goals.
(h) Air quality in the bay area does not meet t~e
standards of .federal and state laws, posinq an ongOing
public health concern. Much of the problem is due to
increased automobile use to provide mobility within the
growing bay area region.
(i) It is increasingly evident that air quality,
housing and transportation are not separate issues, but
are closely linked on a regional leve:L (lol!sing and
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workplaces planned at greater densities, and in closer
proximity, would make public tran~it ~ore f~asible,
thereby :educing traffic congestion and air pollution,
while promoting ~ore affordable housing through reduced
land and infrastructure costs,
(j) While there are a variety of single-purpose
regional agencies to regulate air quality, bay filling,
water quality, transportation funding, and pla~~ing for
affordable housing, there exists no ~ultipurpose agency
that can deal effectively ~ith interrelated issues of
broad regional impcrtance.
Article 2.. San Fr:ancisco Say Area Regional
Commission
65078.10. (a) The San Francisco Bay Area Regional
Commission is hereby established in trle San Francisco
Bay area region. The region consists of the entire area
within the bou~daries of the City and County of San
Francisco and the Counties of Alameda} Contra Costa,
Marin~ Napa, San Mateo~ Santa Clara, Solano~ and Sonoma~
(b) Notwithstanding any other provision of law,
beginning January 1, 1994, the commission shall succeed
to the powers and duties of the following entities
within the region:
(1) The Association of Bay Area Governments~
(2) The Metropolitan Transportation Co~ission~
(3) The Bay Area Air Quality Manage~ent District~
{c) In addition to other roasponsibilitie.s esta.'jlished
by law, the commission shall exercise the powers and
responsibilities of the predecessor agencies with
respect to the following:
(1) Regional housing needs pursuant to Section 65584.
(2) Regional transpcrtation planning pursuant to
Article 11 (commencing with Section 29530) of Chapter 2
of Division J of Title 3, Chapter 2~5 (commencing with
Section 65080, Chapter 2.6 (commencing 'wliith Section
65088), and Section 99302 of the public utilities Code~
{3} Air quality management pursuant to the federal
Clean Air Act and Chapter 10 (ccmrnencing with section
40910j of Part 3 of Division 26 of the Health and Safety
Code.
An interim governing board of the com~ission is hereby
created, consisting of the following 57 members:
(1) Seven~een members representing cities in the
region, who shall be elected city officials/ appointed
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DRAFr----DRAFr----DRAPr----DRAPr----DRAFT----DRAFr----
to reflect relative county population as tollows:
(a) For the counties of Alameda, Contra costa~ Santa
Clara I and San Mateo, t~c membe,s from each county
appointed Qy the city S~lection comaittee within the
county.
(b) For the counties of Marin, Napa, Solano, and
sonoma, one member from each county appointed by the
City Selection Co~~ittee within the county.
(c) For the City and county of San Francisco, one
member appointed by the Mayor of San Francisco for each
300,000 residents.
Cd) For the cities of San Jose and oakland, one
member appointed by the Mayor with the consent of the
City coUncil for each 300,000 residents.
(2) Seventeen members representing counties in the
region, who shall be elected county officials, appcinted
to reflect relative county population by a majority vote
of the board of supervisors in each county as follows:
(a) Four membe~s representing the County of Santa
Clara.
(0) Three members representing the county ~f Alameda.
(C) Two members representing each of the counties of
Contra costa, San Francisco, and San Mateo.
(d) One member representing each of the counties of
~=in, Napa, Solano, and Sonoma.
(3) Eighteen public members, who shall not he city or
county elected officials, selected by majority vote of
the city and county members of the interim regional
commission from a list of nominees submitted by the Say
Vision 2020 Commission. The Bay Vision 2020 commission
shall solicit and accept nominations for pUblic members
from interested organizations and individuals, and shall
submit a list of at least three nominees to fill each
public member position.
(4) Five urban representatives appointed to reflect
the relative population of the region's large urban
centers, who may be elected Officials or public members.
The Mayors of th~ cities of Oakland, San Francisco, and
San Jose shall appoint one urban representative for each
500,000 residents or pert thereof within the city.
(b) In making nominations and appointing members to
the interim qove~ning board, the Bay Vision 2020
Commission and the city and cO'.mty appointing
authorities shall be guided by the follolNing crite.ria:
(l) The board shall reflect the racial, ethnic,
social, gender, and income diversity of the region.
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DRAFT----DRAFT----DRAFT----ORAFT----DRAFT----ORAFT----
(2) The board shall provide equitable representation
for the region's inner cities, sub~rb5, and rural areas.
(3) Each of the nin~ counti~s shall have at least one
public representative, and representation of both public
and elected members should gen~rally ~e£~ect the
relative population of each county r..-ithin the region.
(4) All members appointed to the board shall have
substantial experience ~ith issues of regional concern~
(c) Alternates shall not serve in the place of
appointed members to the interim governing board.
(d) On or before January 1, 1994, the interim
governing board shall prepare a Lransition plan for the
orderly consolidation and merger of regional
responsibilities under this chapter. The interim
governing board may hire an executive director and other
staff to assist in the preparation of a co~bined budget
and merger plan and to begin preparation of a draft
regional strategy for grOwth management. The board
shall prepare through research. briefings, workshops~
hearinqs~ arid o~'1er means, to assume the
responsibilities of the regional agencies to be merged.
The board shall seek comments and secure appropriate
approval as needed from state and federal ~gencies to
fulfill the statutory responsibilities of the regicnal
agencies to be merged. 'l'he interim governing board
shall remain in effect until such time as the
Legislature enacts a final reorganization plan.
65Q78. 12. (a) The commission shall be a local age:1cy
and thereby subjec·t to the Ralph M. Bro.m Act (Chapter 9
(commencing ~ith Section 54950) cf Part 1 of Division 2
of Title 5}~
(b) A majority of the members of the i~terim
governing board of the commis~ion sMall constitute a
quorum for the transactior.. of business. However, a
m~jority vo~e of the entire board is necessary to
approve any matter before it.
Article 3. Regional S~rategy
65078.20. The commission shall prepare and maintain
a comprebensive regional strategy for grow'th mana9E:ment.
The regional strQtegy shall be prepared as provided in
this article.
65078.21. The regional strategy shall reflect and
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implement the following goals, objectiYes, and policies
for the management of the gro~ of the region through
the year 2020~
{al In crder to protect and enhance the air, ~ater,
and open land resources necessary to the health and
veIl-being of present and future generations, and to the
sustainable ecological health of the region, the
reqional strategy shall incorporate policies and
programs to achieve the following objectives:
(~} Achieve compliance with applicable federal and
state standards for air and water quality.
(2) Identify and securely protect op~ land not
within ur~an growth boundaries for p:aniand animal
habitats, commercial agricultuYe, r~ea~ion, and the
protection of scenic or cultural resources.
(3) tlanguage en protection of agricultural land)
(4) Allow non-resource related uses of open land in
designated rural areas only where ca.patible with
agricultural and open space objectives.
(5) Restore and maintain the ecological health of the
San Francisco Bay-Delta Estuary, and other rivers,
watersheds, aquifers, and wetlands throughout the
region.
(b) To foster economic development vi thin the region
to pr~vide jobs for present and future residents,
increase the tax base, and help provide the resources
necessary to meet vital environmental, housing,
transpo~tation# and other needs, the regional strategy
shall incorporate policies and programs to achieve the
following Objectives:
(1) Identity areas ~here economic and physical
development is apprcpriate ana desirable, taking into
consideration local plans and zoning, proximity to
housing and elDployment opportunities, and public
transitw
(2) Identify and reduce the buroens on economic
development resultinq from complex, confusing, or
contradictory policies, regulations, and planning
procedures.
(e) To ensure that planned urban growth is guided to
regionally appropriate locations and that urban areas
are distinct from the countryside, the reqional strategy
shall incorpcrate policies and proqraas to acnieve the
following objectives: p
{I) Define land available tor urbanization over a 20
year period in order to foster development of a lnore
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DRAFT----~RAFT--~-OAkFT----ORAFT----ORArT----ORArT----
compact and efficient urban region.
(2) Create a boundary between urban and rural or
natural resource lands, enabling secure protections of
open space and maintenance of community character.
(~) Encourage a ~ec09nition of the interrelatio~ship
between ':levelopment of vacant land and infill i'l.i1d
red~velopment objectives in all urban areas of the
region.
(4) P~ovide sufficient land to accommodate projected
population qro.th in residential areas at densities
sufficient to ensure compact develop~ent to minimize
public service 'costs and to make neW' housing reasonably
affordable to present and future generations.
(5) Provide sufficient land to accommodate projected
employment growth at locations sufficiently close to
residential areas so as to minimi.ze the length of
commuting and sufficiently concentrated so as to maKe
mass transit service feasible.
(d) To establish a city-ce~tered concept of urban
development tnat guides growth into cr around existing
communities and encourages compact development, the
regional strategy shall incorporate policies 3nd
programs to achieve the fol1o~ing objectives:
(1) Channel significant public investment and
develop~ent and establish additional incentives for
private investment and development in defined major
urban centers within the region.
(2) Encourage development of available and under-ussd
lands in existing communities wh-==re services are
avallable4
(3) When necessary to develop other land, enS:.lre that
such de ...... elopment is compact. and, .... ·herev"=r possible,
contiguous with existing urban areas.
(4) Identify significant nis~o~ic features ~f the
built and natural environment, and encourage sensitive
development to preserle and enhance them.
(5) Formulata reco~~endations on the app~opriate role
of watar quality and water supply in regional efforts to
manage growth and development.
ee) To ensure that all parts of the developed r€gion
have a varied housing s~pply. affordablB and available
to the diversity of present and future residents, the
regional strategy shall inc~rporate policies and
programs to achieve the fol10wing objectives:
(1) Ensure the provision of decent housing and a
suitable living environment for every family in the
region.
(2) Encourage a recognition of the region's need to
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accommodate its fair shars of the state's ne~ housing~
~nd to provide sufficient housing to accommodate current
and future workers and other residents.
(3) Assure that counties and cities prepare ar.d
implement their qeheral plan housing elements in a
manner that, along with federal, state, and regional
programs, will contribu~e to the attainment of state and
regional housing goals.
ef) To creato:! development patterns th~,t facilitate
safe, convenient, and reasonably priced mobility by
transit and other non-automobile means, and discourage
long-distance automobile commuting, the regional
strateg)" shall incorporate policies and programs to
achieve the ~ollowinq objectives:
(1) Establish development patterns with sufficient
residential and conmercial density to support
cost-effective transit.
(2J Coordinate the location and type of housing and
employment centers to encourage shorter commutes and
enhance transit-oriented home-to-work mobility.
(3) Encourage pedestrian-oriented development that
provides a range of services and amenities to reduce
auto use during both commute and non-commute times.
(4) Support the development of diverse types of
public and private transit services within urban areas
to fa~ilitate travel, particularly the home-to-work
commute.
(g) To ensure that public facilities to support
regional development priorities are available in a
timely, orderly, and cost-effective manner. the regior.al
strategy shall incorporate policies and programs to
achieve the ~ollowinq objectives:
(1) Identify facilities that are regionally
significant and establish standards for ~~eir siting and
development or expansion4
(2) Promote inter-jurisdictional cooperation to
elimina~e costly duplication of public facilities.
(3) Promote concurrency of new devel~pment ~ith
needed facilities, services, and infrastructure.
(h) To realign fiscal strategies to support the
overall goals and priorities of the regional strategl~'
reduce the fiscal consequences of land use decisions~
allocate funds to meet costly service mandates. and
provide for the maintenance of existing public
facilities as well as needed future infrastructure~ the
regional stz"ategy shall incorporate policies and
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programs to achieve the following objectives~
{~) Exam,ine and recommer~d alternatives tor the more
equitable allocation ~nd distribution on a ~eqional or
sub-regional basis of tax income fro~ new commercial,
industrial, a"d high-value residential development.
(2) Advocate new and more fl~xible state and federal
funding to support achievement of critical regional
goals, particula~ly protecting natural resources,
improving housing supply and a~fordability, a~d
developing mass transit.
(J} R€view fiscal measures needed to support
implementation of the regional strategy.
(i) [Language on study of long-term population
growth]
65078.22. The comprehensive regin:)al strategy shall
inclode the following elements:
(a) Standards for meeting regional needs in the
following areas:
{l) Job-housing proximity and balance~
(2} Areas appropriate for infill development and
redevelopment.
(3) Affordable housing goals, targets, and
allocations~
(4) Water supply.
(5) Criteria for siting facilities such as airports,
solid ~aste landfills, and other facilities of regional
benefit that may be locally undesirable.
(b) Recommended ~easure5 necessary to implerne~t the
regional strategy, including, but not limited to. all of
the foJ.lo-wing:
(1) Appropriate sub-regional decisionmaking
procedures -within the policies of the regional strategy.
'2) procedures for cities, counties, local agen.::y
formation commissions, ~egional water quality control
boards, and other governmental units to bring their
plans into conformity with the regional strategy, and
procedures to appeal decisions based on non-conformance
with the regional strategy.
(3) Actions to be taken if a local government does
not ca~ry out its o~n plans in conformity with regional
goals, including. but not limited to, financial
penalties, commission actions to legally enforce
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compliance, and fiscal and other incentives~
(C) Reconunendations for legislative actiol:< in the
following areas;
(1) An effective and equitable means for regional
allocation of tax ~evenue from commercial, industrial,
and high-value residential development.
(2) The appropriateness of merging or consolidating
other regional agencies with the Regional Commission~
and the means to accomplish the merger or
consolidation.
65078.23. (al To assis"t in achieving the regional
standards developed pursuant to Section 6507S~22 (a),
the Regional Com~is3ion shall develop policies and
guidelines requiring all communities to develop and
subnit for review and approval urban growth boundaries,
based on regio~~lly-adopted 20 year projections of
population and employment gro.~h. The Regiona~
commissior. shall define a process by which co~~unities
shall prepare and incorporate into their general plan
urban 9ro~~ boundaries~ based on the following steps:
(1) Establishment by communities and/o~ their
sub-regions and approval by the Commission of minimum
average housinq density objectives, consistent with
overall reqional goals.
(2) Identification by the Commission of types of open
lands that shall not be included within an urban growth
bou~dary, and establishment of standards for possible
inclusion of other types of open lands within urban
growth boundaries.
(3) An inventory of b~ildable vacant land, infill
sites, and redevelopment lands for residential a~d
comnercial development in each community, excluding
protected land resources and taking into consideration
needs for community parks and public op~n space.
(4} Designation by communities and/or their
SUb-regions of an urban growth boundary based on
regional and community goals, projected needs} density
objectives, and available infill, redevelopment j and
vacant land.
(5) Preparation cy co~unit~es and/or their
SUb-regions of an implementation plan for financing of
capital and operating costs and the orderly phasing in
five-year, lO-year, and longer-term increments of public
capital improvements and annexations.
(6) Preparation by communities and/or their
sub-regions of a development incentive program to ensure
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that development occurs ~ithin the boundary as proposed.
{b) The Commission shall consult with cities~
counties, ar.d other governmental agencies t~ establish a
process for the timely review and approval of urban
grow~h boundaries established through a local or
sub-regional planning process. The process shall J to
the greatest extent possible, rely on review of proposed
bcundaries by sub-~egional associations of local
agencies, with provisions for appeal of these decisions
by the commission or by local, regional, private, civic I
or other organizations to the commission to assure
conformity ~ith adopted regional goals, policies~
standards, or criteria.
(e) Upon approval of the urban growth boundaries for
a community or sub-~egion, the Commission shall exercise
the mlnimum level 01 direct or appellate review over
subsequent local or sub-regional land yse or
infrastructure decisions necessary to assure conformity
with the re~ional strategy.
(d) The commission shall establish policies and
procedures for sub-regional and regional ~eview,
approval~ and app~al of amendments to urban qrcvth
boundaries. The Commission ehall develop procedures to
annually review and approve minor amendments under 50
acres cumulatively in anyone community, and shall
consider major changes of 50 acres or more, including
general plan amendments, during a regular asse~sment
every five years of community achievement of overall
regional conservation and development goals. The
Commis~ion may approve ~ajor or minor amendments,
subject to the following conditions:
(1) The ame~dreent is consistent with adopted gro~h
forecasts and the amendment will not result in a net
increase reqion-vide of land area within urban growth
boundaries beyond that necessary to accommodate adopted
regional growth projections.
(2) The amendment Would result in no net in~rease of
developable land within the boundary, eXCluding lands
constrained for development for natural resource
reasons, or circumstances have altered the official
growth projection for the community proposing the
amendment, no feasible alternative exists for meeting
the new need within the existing urban growth boundary,
and lands proposed for inClusion within the amended
bou~dary are not critical resource lands~
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(e) The Commission shall develop a comprehensive
program of ir.centives and disincentives that support
needed development within urban qro~~ boundaries,
including preferential investments and other incentives
£or comm~nities that meet regional objectives for
compact de"07elopment, sanctions or disincentives .for
communities that fail to meet regional objectives ~r
compact development, and proposals to si~plifY or
expedite envircnmental review at the project level and
improve the effectiveness of environmental review and
mitigation at the plan level, without lessening the
overall effectiveness of the California Environmental
Quality Act in protecting natural resourcas.
65a78~ 24. The regional strategj' shall be develcped
by the COllmlission in partnership ,.ith local govenlPent,
special districts .. and sub-regiorlal agencies through a
process of cooperation and coordination based on clearly
identified and shared responsibilities for managing the
growth and development of the region.
(a) On or before J~nuary I, 1994, the interim
governing board shall review existing regional,
sub-regional, and local plans for land use and
tra~sportation ana develop a process tor drafting a
regional strategy that ensures early involvement of each
city, county, special district, and sub-regional agency
in identifying overall goals and special needs,
consistent with the folloloro'ing provisions:
(1) The interim regional board zhall encourage and
assist each city and county within the region to review
community goals, objectives; an~ policies for
consistency with the regional goals and policies
specified in ~~is chapter, including any special needs
or concerns, and solicit recommendation~ to be
considered in preparing regio~al policies and st~ndards
pursuant to ~~is chapter.
(2) The interim regional board shall involve local
governments in developing or strengthening cooperative
sub-regional planning entities such as Local Agency
Formation comu.issions, Congestion Management Agencies,
or other inter-jurisdictional agencies to assist the
board in devising and implementing a regional strategy~
The board shall encourage local agencies to use
sub-regional entities to define regional ~cncerns and
identity existing information and plans that may
contribute to the development of the regional strategy.
(3) The interim regional beard shall adopt a
workplan, implementation schedule, and procedures tor
development of the regional strategy. The board shall
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PAGE 13
DRAPT----DRAYT----DRArT----DRAFT----DRAFT----ORAFr----
co~pile a regional planning information base and draft
an initial statement of regional concerns for revie~ by
regional, sub-regional# and local agencies and the
general public.
(bJ On or before January 1, 1995, the interim
regional board shall prepare a draft regional strategy
to achieve the goals~ policies and objectives of this
chapter. The board shall submit the draft regional
strategy to each city# county, special district,
sub-regional entity, regional agency, and the public for
review c;.,nd comment, consistent with the follo'Wing
provisions:
(1) The board shall facilitate the ongoing
participation of local age~~ies in the development and
review of components of the draft regio~al strategy.
(2) The beard, in cons1;,ltation with local agencies,
shall develop a procedure for sub-regional agencies to
review local land use plans in order to identify
opportunities for neighboring jurisdictions to reconcile
conflicts and reinforce local, sub-regional, and
regional goals and objectives.
(3J 'l'he board, in consultation with local and
sub-regional aqencies, shall develop procedures for
improved notification and communication on planning.
environmental protection, and community development
issues.
(4' The board, in consultation with local,
sub-regional, and regional agencies, shall develop a
process for public education and participation in the
development and revie~ of the draft regional strategy,
including public hearings and ~orkshops as appropriate.
(el On or before January 1, 1996, the interim
regional board shall adopt a final regional strategy,
taking into consideration comments received during the
review of the draft plan, and submit it to the
Legislature and the Governor. The Governor shall advise
the Legislature on the recommendations contained in the
plan by July 1, 1996.
(d) On and after July 1, 1996, the commission shall
implement and carry out the proposed regional strategy~
pursuant to all the po~ers and authorities granted the
commission under this chapter, until a final plan is
enacted by the Legislature.
65078.25. For the purposes of planning for,
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PAGIr 14
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preparing, and implemE':ntlng the regional strategy, the
inter~ regional board and the regional commission may
be funded, to the extent permitted by law, frem the
revenues available to local governments and regional
agencies for air quQlity, transportation, and other
planning and development activities, including, but not
limited to, funds .from existing and future IDot..:Jr vehicle
fuel taxes and vehicle registration fees.
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•
• • Proposed Bay Area Interim Regional Commission Timeline
I Transition peri od-l
· ,. · ,.----------RegMlnal PiaNmg Process ---------, ,.
D " , ," • ,.
n
I i 0 , e '"
1 I _ _I _ __ _ lit.
January
,-----1----I ----I I -,..
z
'" 1992 1993 1994 1996 1995 ,
:w ,
D
SB 797 ABAG, Regional Regional :
beOOfTI6S MTC, Strategy Commisaion
law BAAQMD completed_ proposals
merge presented 10 take 9ttect
Legislature
< ~_./-.
'~f~'<i~:" •
STATEKENT OF POSITIOB
O:r THE
PALO ALTO C~TY COUNCIL
A4opte4 January 21, 1"2
"pat. »ill 7.7 -Sao Francisco B~Ar.&~ Begional
Growth Kanag .. ant
1. The city ~f Palo Alto supports the merqer of ABAG. MTC, and
SAAQMD so as to create a single pla,ce .... here complex regional
issues can be considered, decisions ~ade and policies carried
out. ThE: regional commission must facilit.ate cooperation and
coordination among local juris-.iictions. The consolidation,
ho~ever, must not diminish the technical capabilities
currently available from the-three agencies.
2. The interim regional commission should evaluate inclusion of
other agencins such as the Regional Water Quality Control
Board and BeDe, after the consolidation of the initial three
agencies has been successfully accomplished.
3. Membership on the regional commission should be hea'"ily
weighted toward elected officials from local government. The
council supports an interim governing beard that is two-thirds
elected local oft1.cials and one-third public members, and 'that
are selected to reflect the racial. ethnic. social~ gender,
and income diversity of the nine-county Bay Area.
4. The elected officials to be appointad within a county to the
interim governing board should be determined by a majority of
the Board of Supervisors and a majority of the cities
representing a maj~rity of the population in the county, thus
enabling all cities and counties to determine the
configuration ~hich b~~t suits each county's needs and
characteristics.
5. The enablinq legislation should include a process by ~hich the
interim governing board shall formulate the structure and
responsibilities of the permanent regional commission.
6. Funding for the interim regional commission should be
accomplished through economies realized from the consolidation
of the three aqencies. Revenues which have been earmarked by
AB 434 ,Chapter 807 of the Statutes of 1991) for
transportation cont-rol management activities and technical
studies should not be redirected. The tasks required of the
inte::-im regional commissi,;jn should be thosE' which can be
successfully accomplished ~ithin the time and resources
available.
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Paq.e 2
7.
s.
Subregions ~ithin t~e regional framework are supported~
Subregions hav-e a valuable role in land use planning and
addressing the jobs-hollsinq imbalance. T~e Council supports
the county being the basis for defining the subreqionr The
Conqestion Management Agencies may provide a useful foundation
for subregional cooperation~ Efficiency ~nd flexibility
should be the goals in defining subregions~ counties should
be allowed to form additional subregions with all or part of
adjacent pounties and with contiguous co:.mties outside the
nine-cGunty region.
The effectiveness of the regional strategy depends upon strong
urban growth boundaries. The regional strategy should provide
for the establishment of urban grown boundaries 'Which will
protect natural resource lands, open space, commercial
ag~iculture, and outdoor rec~eation resources and which ~ill
designate areas ~here development will be encouraqed.
~endment of the urban growth boundaries should be permitted
only yhen consistent with adopted growth forecasts and if the
lands propose~ for inclusion are not critical resource lands.
9. Clear distinctions must be drawn in the regional strategy
between projects which are local and tho~e ~hich are regional;
jurisdictions must be able to formulate their own plans vithin
a regional context.
10. The enabling legislation should provide a procedure and/or
criteria for the resolution of conflicting local or
subregional plans which may occur during the develcpment of
the regional s~rateqy.
1.1. A "super-majority" vote, i.e., two-thirds of the entire
membership of the interim governiN9 board, should be required
for approval of a project of regional significance that has
been disapproved by the subreqion.
l~. The Council supports the examination of alternatives for the
more equitab~e allocation and distribution on a regional or
~ubreqional basis of tax income from ne~ commerCial,
indu~trial, and high-value residential development, but only
insofar as such fiscal changes support implementation of the
policy objectives of the regional strate~i.
13. The interim governing board should remain in effect until such
time as the Legislature enacts a final reorgani.zation plan and
should be auth~ri~ed to implement and carry cut the proposed
regional strategy absent the action of the Legislature by July
1., 1996.
•