HomeMy WebLinkAbout0538.092•
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OaeembEr 3, 1992
THE HONORABLE CITY COUNCIL
PALO ALTO, CALIFORNIA
REGIONAL GOVERJIAlICB ~ GR01t'l'll JIAh"l\GE>!l!NT LEGISLATION, .'I'ATO.
REPORT
Members of the Council:
Report in Brief
This is an info~ational report and no Council action is requested.
The report sum.m.arizes what has oc·=urred in 19'92 regarding
legislation related to regional governance and growth management.
Although no significant bills on these subjects w~re passed by the
State Legislature, there was heiqht_ened interest. Gove.rnme;).tal
i!.gencles, particularly in the S~n francisco Bay Area, developed
positions on the issues and sought to achie¥e consensus~
Legislation is expected to be reintroduced in the 199J legislative
session ..
Backgrqund
Regional Governance wo.s selected as 3. council priority in 1991 and,
since that time, the Council and staff have closely monitored the
development and proqress of related leqislative proposals. During
199~. several bills dealing with gro'Wth management and regional
qovernance were introduced in the Legislature with the expectation
that from them W'ould be crafted a major legislative package in
1992. This e;,cpectation 'Was premised on the understanding th~t
Governor Wilson intended to announce his gro .... th management goals as
part of his 1992 S~ate of the State message or soon thereafter.
Ho1tiaver, the adm.inistration's at.tention during th.e 1992 legislative
session was directed primarily at budget issues and the Governor
delayed ~akin9 known his position on the reco~endations of his
Interaqency council on Growth Management which had held exten$ive
hearings throughout the state in 1991.
The Senat~ and Assembly delayed scheduling any hearings in 1992 on
the bills, ~aitinq for word from the Governor~ When ~ord was not
forthcoming, hearings on the Dills did finally resume in June in
the Assembly and Senate Local Government Committees. The thrust of
some of the 1$9islation ~as altered, tempering growth management
with proposals that responded to the needs of California's t~oubled
economy and the. recommendations of the Governor' 5 Council on
California Competitiveness (The ueberroth Commission.)
CHR: 53.: 92
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In J3nua~y 1992 the City of Palo Alto announced its general support
for sa 797 (Morgan} and continued in the ensuing months to
communicate II support/amend position to the l'I.uthor arid the
Legislature. The City maintained a '"watch'" poSition on the ot,her
legislation.
~enate Bill 7~(Mor~_-San __ Francisco Bay Area: Regional Growth
Management
Although no major reqional governance/growth manage.ment legislation
'Was enacted in .1992, senate Bill 797 came closest to passage. The
bill would have added a new chapter to the Governmer.t Code,
entitled Bay Area Governmental Consolidation Act of 1992. It would
merge three existing regional agencies: the Association of Bay Area
Gove~nments, the Metropolitan Transportation COlill!lission and the Bay
Area Air Quality Manage~ent District. It would also establish the
Bay Area Regional Commission whiCh 'Would p~opose a strategy for
quiding development and conservation at regional and countywide
levels~
Senator Morgan carried the legislation on behalf of the Bay Vision
2020 Commission and the Bay Vi$ion Action coalition. The latter
group met requl~rly during 1992 in crde~ to coordinate lobbying
eft"orts and further 8lIIend the bill"s text in response to new
challenges and issues vhich were raised as the legislation was more
widely revieyed.
The council did a thorough analysis of the issues addressed in SB
797 in January and a~opted a Statement of position at that time.
(See Attachment A~) Staff measured the subsequent versions of the
bill against that statement and communicated the City's position
accordingly to Senator Mo,qan and the Legislature. (See Attachment
B ror an example of letters which were sent concerning SB 797.)
The Santa Clara County cit ies Association achieved a moderate
consensus position on sa 797. Barbara waldman, Vice Mayor, City of
Sunnyvale" spoke on behalf of the Cities Association at the
Assembly Local Government Committee hearing, voicinq support for
merged agencies and regional solutions but objecting to appointed
members on the interim governing board and the allocation formul~
for county members. A further concern w~s the fiscal burden which
would be placed on the three agencies prior to the merger as well
as on the countywide planning associations. She qlJestioned the
lanquage which requ..i..red the interhn commission to recommend fiscal
strategies which would go beyond influencing land use decisiQns and
address tax revenue inequities amo~g cities and counties. Finally,
she urged the legislators to defer consideration of SB 797 until
the State"s budget crisis was resOlved.
CMR:538:92
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Senate Bill 797, following amendment and approval !)j' the! Assembly
Local Government committee and Ways and Means CO!lUllittee, passed the
Assembly with a 45 -31 vote on August 25, 1992. (F~r the text of
the bill as passed by the Assembly, see Attachment c.) Senator
Alquist of Sal! Jose joineo Senator Morgan as a coauthor of the
bill, as did Assembly MeI!!.bers Cortes.t;!: of San Jose and Lee of
oakland. Assembly Member She:-voted for-S8 797, but ...... as nat
persuaded to become a coauthor. When the bill ...... as returned to the
Senate for concurrence, ho ...... ever, it failed to obtain ~ majority
approval (16 20.) LegiEilators representing the North Bay
counties worked hard for its defeat.
Prior to the Senate's action, Richard Sybert, Director, Governor's
Office of Planning and Research, and the chair of the Governor's
Interagency council on Growth Manaqement, indicated the Governor
would not support any growth manaqe~ent leqislation in 19~2.
Other I&gi~lation
DUrinq the summer, 8; three-part. gL"ovth managementl infrastr-ucture
packa.qe gained momentum in the Legislature but was also halted
durinq the final days of the session. It consisted of a regional
planning bill (SB 929, presley), a -measure to require Qili)/' a simple
majority vote for local bonds (ACA 44, Farr) and a bond act for
housing, parks and infrastructure. Senate Bill 925, entitled the
Economic and Environmental Recovery Act of 1992, ~ould have enacted
comprehensive state conservation and development policies to guide
state and local aqencies when making plans and investme.nts and
vould. have. required regional and local plannin-3' coordination.
Senate Bill 929 provided that SB 797, if also enacted, would have
satisfied the requirements of SB 929 for the Bay Area~
Senate Sill 434 (Bergeson) failed to pass the As~ernblY Local
Government Comm.:ttee. The bill was among the maJor r-egional
planning bills introduced in 1991 and was amended by the author in
~~~2 to incorporate many of the land use and regulatory
stre~mlining recommendations contained in the r~port of the
Uebe.rroth ('.ommission.
prospects for the future
'!'he defeat of these bills in the 1992 session of the Legislature
should. not be seen as the death knell for leqislation in the areas
of growth management and regional governance~ The bills crafted
this year will provide the foundation for new bills that ..... i11 be.
introduced in 1993. Anticipating this r several related activities
have occurred.
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League of California cities. ~he Lea~e's Crowth Management and
Regional Issues Policy Committee, with input from the other League
policy committee~ and departments, has drafted a Growth Manaqement
Strategy. The product of a le%"lgthy consens\~s process, the strategy
is meant to provide primary recomnloendations fOJ:' improvements to the
state, regional and local planning, financial. governance and
conflict resolution processes in crder to better deal 'With tt,e
difficult growth issues of California. The draft strategy will be
considered for adoption by t.he League Board of Directors in
January, placing the League in a position to lobby legislative
proposals forthcoming in 1993. Council and staff have commented on
earlier drafts of the strategy. and staff will contlnue to monitor
its progress.
The work of the Leaque's 19Q2 COmmittee on 21 examined the systems
of governanc·e prevalent in California and their suitability f':lr
California in the twenty-first century. The report of the
committee# published this year~ is intended to generate discussion
and consideration of new ways of addressing the issues facing the
state, e.q., replaCing the traditional vertical linkages between
cities and counties with horizontal cooperation among jurisdictions
across city and county boundaries or by means of issue-based
coalitions.
Public PolicY Mediation Pr~. This project is an outgrowth of
the 1991 Growth Management Com;ensus Proj ect conducted under the
auspices of California State Doi versi ty, Sacramento. .It offers
neqotii!lition and taoilit.ation services to qaver-nmental agencies.
business organizations, citizens qr-oups, nonpr-ofits and other
parties seeking cOllaborative solutions to California's state,
regional and local public policy problems. The models developed
through this project may be instructive for legislative proposals.
Associatign ·:Jf Bay Are3. Gove .... r.rnents. The ABAG General Assembly, on
October 29, 1992, succeeded in adopting a Growth Management
Platform which ~as acceptable to a large majority of jurisdictions
in the nine-county Bay Area. ,See Attachment D. ,\ As discussed
previously in CMR:457:92, the platform supports an approach with
far fewer changes than proposed by SB 797.
Met ..... opolitan Transportation Commission. Senate. Bill 797 would have
merqed the Association of Say Area Governments, the Metropolitan
Transportation Commission and the Bay Area Air Quality Management
District. The platform adopted by ABAG is supportive of the merger
of ABAG and MTC. Neither HTC nor the Air Distr-ict endorsed the
prDposed merger. Ho~ever, the Regional Governance Policy adopted
by MTC furthers several of the goals of sa 797 and other grQwth
manaqement/regional gover-nance legislative proposals. (See
Attachment E.)
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Illustrative of MTC's interest in coordinated regional and
aubreqional decisio~akin~, the aqency has 14unched the Bay Area
Partnership ancl its 'W'vrk program ilJUMP Start" Joint Urban
Mobility Program. The Partnership is a voluntary consortium of 36
federal, state, reqiona: and local a9~ncies w~ich will focus on
planning decisions and projects that involve two or more agencies,
are critical to improving air quality and mohility in the Bay Area
and which need priority attention. JUMP start projects will have
a spotliqht focusec on their schedules to e;peed delivery of
improvements for the public. Impetus for the Partnership can be
attributed to requirements of the Federal Clean Air Act of 1950 a~d
the IntenDodal Surf;:ce Transportation Efficiency Act (ISTEA) of
1991 and the recommendations of the Governorfs council on
california Competitiveness~
Conclusion
Staff will bring to Council's attention legislation ira the areas of
regional governance and growth manaqe~ent yhen it is introduced in
1993. Senator Morgan is expacted to reintroduce SB 797. statewide
proposals can be expected as well. At that time, the Co~ncil may
want to discuss how actively it intends to advocate its position on
these issues at the county, regional, and state levels.
R;:jYectf~llY s~bmitted,
t~~
Assistant to the city Manager
~nEK~
terim c~~ ~a~er
Attachments:
A. statement of Position of the Palo Alt..:> City council re
Senate Bill 797, 1/27/92
B. ~tter to Assemblyman Vasconcellos re SB 797, 7/31/92
C. Tert, 58 797 (Morgan) as amended 8/22/92
D. Association of Bay Area Governments. Adopted Platform ~n
Growth Management, 10/29/92
E. Metropolitan Transportation Commission Regional Governance
policy, 10/27/92
Related C'KRs:
244:91, 4/25/91, Regional Governance
488:91, 10/31/91, Regional Goverr.ance and Growth Management
proposals: Status Report
457:92, 10/15/92, ABAG Platform on Growth Management
CKR:53S:92
Reg&r4inq'
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STATEMENT OF ~OSITION
OF THE
fALO AL~O CITY COONCIL
Adop·t.e.4 J&nua.ry 21, 1992
Senat.e Bill 7'1 -San rral\ciseo sa.y Are~_L.A~_giona~
~rovth ManagemeJ:3 __ t.
1. ~he City of Falo Alto supports the ~erger of ABAG, MTC, and
BAAOMD so as to create a single place ~here complex regional
issues can be considered, decisions ~ade and policies carrie~
out. The regional commissio~ must facilitate cooperation and
coordination among local jurisdictions. The consclidation,
however, must not diminish the tect-.nical capabi 1 ities
currently available from the three agencies.
2. The interim regional commission shou:d evaluate inclusion of
other agencies such as the Regional water Quality control
Soard and BCDC~ after the consolidat.ion of t.he initial t.hree
agencies has been su~cessfully accomplished.
3 ~ Membership on the regional commission should include
significant numbers of elect.~d officials from local
government. The Council suppo~ts afi interi~ governing board
that is two-t.hirds elected local officials and one-t.hird
public members, and that are selected for their expertise and
regiona.l perspective and are reflective of t.he racia.l, ethnic,
social, genaer, and income diversity of the nine-county Bay
Area.
4e The elected officials to be appointed ~ithin 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 ority of the population in the county. tl".us
enabling all cities ar.d counties to deter1!l.ine the
configuration ~hich best suits each county's needs and
chara.ct.eristics~
5~ The enablin9 le.9'islatlon sho\.lld include a process by .... hich the
interim governing board shall formulate the structure and
responsibilities of ~he per~anent. regional commission~
6~ Funding for the interim regional commission should be
accomplished through economies realized from the consol idation
of the three agencies~ Revenues which have been earmacked by
AS 434 (Ch.apter 807 of the statutes of 1991) for
transportation control management. act.ivities and technical
studies should not be redirected. The tasks required of the
intertm regional commission s!1ould be those 'Which can be
successfully accomplished \oI'ithin the time and resources
available.
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7. sub~egions wit~in the regional frame~ork are supported.
Subregions have a valuable role in land use planning and
addressing the jobs-housing imbalance. The council sUFports
the county being the basis for defining the sUbregion4 The
Congttstion Management Agencies nlay provide. a useful foundation
for subregional cooperation4 Effici\2:nc)~ and flexibility
should be the goals in defining slJbreqions. Cou.nties should
be allcwed to form additional subregions ","ith all or part of
adjacent counties and with contiguous counties outside the
~ine-county region.
S. The effectiveness of the regional strategy depends upon strong
ur})an growth boundaries. The regional strategy should provide
for the establishment of urban grown bourujaries which will
protect n~tural rescurce la~ds, open space, commercial
agriculture, and outdoor recreation resources and which will
designate areas where development will be encouraged.
Amendment of the urpan growth boundaries should be permitted
only when consistent with adopted growth forecasts and if the
lands proposed for incl'J.sion are not critical resource lands~
9. Clear distinctions %r.ust :be drawn in the regional str-stegy
between projects which are local and those which are regional;
jurisdictions must be able to formulate their own plans within
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 development of
the regional strategy.
11. A ·super-majorityW vote, i~e., two-thirds v! the entire
membership of the interim governing board, should be required
for approval of a project of regional significance tha~ has
been disapproved by the subregicn~
12. The Council supports the examination of alternatives for the
more equitable allocation and distribu~ion on a regional or
5ubregional basis of tax income from Dew commercial,
industrial, and high-value residential development, but only
insofar as such fiscal changes support impleme~tation of the
policy objectives of the regional strategy. Revenue sharing
should be directly linked to burden sharing, so that revenues
floW' to Bay .1>.rea cOlllmunities bearing the burden of, for
example, traffic, density, affordable housing and locally
undesirable land uses.
13~ The interim governing board should remain in effect until such
time as the Legislature enacts a final reorganization plan and
should be authorized to implement and carry ou"t the proposed
regional strategy absent the action of the Legislature by July
1, 1996.
c"riCE O~ ,. ... ( .. ,..,.O~
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ATTACIIl<ENT B
City of )'010 :RIto
~,c. e::.x :02!1C
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July 31, 1992
The Honorable John Vasconcellos
Chairman, Assembly Ways and Means Co~ittee
State capitol
Sacramento, C~ 94249-0001
Re: SB 797 (Morgan) -Support/Amend
Dear John:
Palo Alto City council members and staff have been closely
following this regional governance/growth management proposal as it
has evolved. from the 'Work of the Bay Vision 2020 commission and the
Bay Vision Action coalition. Although we did not have the
opportunity to directly participate in those oodies, my colleagues
and I continually endeavored to make them aware of our questions
anQ concerns I as well as our fundanental support for the proposal.
Our support for Senate Bill 797 is hased on our belief th~t the
problems facing the Say Area are severe er.ough to warrant the
creation of a different ~ay of addressing growth management iss~es,
even though this may lessen t1-.e independence af local
jurisdictional land use decision making authority. The effort and
perseverance that r,ave gone into crafting the proposal for t.he Bay
Area have produced a model that should be tried. We do not want to
delay until a statewide proposal is enacted ~hich may not meet our
regional needs and characteristics as .... ·ell as does SB 797 ~
In our view, the form in ~hich S8 797 is now before yO~lr cornrei ttee
is quite responsive to concerns raised by our City and many other
Bay Area cities. Our comfort level with the legislation 'Would be
increased with some fUrther amendments, ..... hich are described in
conjunction ~ith my comments that folloy; however. we do urge you
to ~ork ~ith Senator Morgan to secure passage of 5B 797~
Governmental memb~rs of the interim governing boarq (Section
65078~22). We are pleased to see that the bill has incorporated an
alternative method for the selection of the governmental members
that will serve on the interim governing board~ Having an
alternative to the prescribed formula is particularly important to
Santa Clara county cities~
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Member per diem (Section 65078.23(C}). There are valid arguments
pro and con regerdi.ng provision of the substantial per diem
specified for the l'1embers 0-: the interim governing board. However,
we encourage the committee to take a hard look at this issue. With
the heavy planning responsibilities to be borne by the Regional
Coltl!l:ission and the subregional planning associations, it is
questionable that 30 per cent of the total b\Jdge~ should be
expended on board r~imbursements.
Countywide planning ass~iati2ne (Article 5). From our experience
in Santa Clara county. ·,.,e bel ieve it is appropr i3.te to designate
the congestion rnana9~ment agency to serve as the count~ide
planning association. However. the experience and structure in
other cou!"I.ties may differ and thus the ,a.lternative offered in
Section 65078.41 (arb) is imp~~tant and should be preserved in the
legislation.
~Jrthermore, the responsibilities assigned to the countywide
planning associatio!",s by 58 797 have financial costs connected .... itf'.
them a~d it is imperatiVE> that a fun,Hng SQur<.:e be identified.
Funds associated with the federal Inter1':Jodal surface Transportation
Efficiency Act (rS~EA) are ~o~th consideratio0.
Urban growth boundaries (Sections 65078.52 and 65078.53). The
effectiveness of the regional strategy depends u~n strong urban
qrovth boundaries. Aroendrnent of the urban growth bour.daries should
be perrrtitted only when consistent with adopted growth foreca:sts and
if the lands proposed for inClusion are not critical resource
lands. I am aware th3t extensive give a:1d take occurred as the
members of the Bay Vision Action coalition formulated the pLocess
for defining and maint,':!ining urba:1 growth boundaries. I endorse
the proposal because I personally J.:.nolol that urban growth boundaries
are workablej the experience in Or~gon since enactment of its Land
Use Act has shown that urban gLOyth boundaries benefit business and
developers as well as environmental interests.
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Fiscal rel~_ti9Dshios to land ~_\,ls~ (Sectior. 65078.57 (a)). We
support the use of fiscal incer.tives to acco~plish regional
planni.,g and land use objectives. We have consistently argued,
however, tbat any redistributioc 0: sharing of revenues should be •
that wbich is associated with t!oew c!;mmercial, inOustrial,. and higb
value residential developmenL Tbe word "new" sbould be inserte4
in line 2, page 22 of the tegt of SB 797, as amended June 30, 1"2.
Proposals for revenue sharing should be directly linked to burden
sharing, so that revenues ""ould flolJ to Bay Area communities
bearing t~e burden of~ for example~ traffic r density, affordable
housing and locally undesirable land uses.
Finally, ..,e endorse the rneJInner set forth in SB 797 for development
of the regional strategy. Although it has been billed as a
"botton.s up" approach, in fact the decision mak ing authority 'Will
flow both ..,a'ts. While it is essential that local jurisdictions
continue to create their own local plans, compatibility with
regional and subregional goals and objectives must be required.
The regional plan 'Which .... e envision should not be simply a
compilation of existing local plans.
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Sincerely,
.4¥<t.3~
GARY FAZZINO
M3j<Or
cc: The Honorable: Cathie Wright, Vice-Chair, Assembly W3.ys. and
Means committee
The Honorable Bill Filante .. Member, Assembly "iII'ays and
Means committee
'I'he Honorable Jack: O'Connell, Member, Assembly ways ;end
Means Comlt'littee
The Honorable Richard Polanco, Member, Ass€!r.bly Ways and
Means Committee
The Honorable Rebecca ~argan, Me~ber~ State Senate
The Honorable Byron Sher, Member, State Assembly
League of California Cities
Santa Clara Count} Cities Association
Bay Vision Action Coalition
William Zaner, City Manager
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ATTI\CDMBNT C
AMENDED IN ASSEMllLY AUGUST 22, 1992
AMENDED IN ASSEMBLY JUNE 30, 1992
AMENDED IN ASSEMBLY MAY 11, 1992
'AMENDED IN SENATE JUNE 10, 1991
AMENDED IN SENATE APRIL 22. 1991
SENATE BILL No, 197
Introduced by !le_ M •• _ ...,.! ~ Son%T
Morgan
(Coauthor, Senat",' Alqui.t)
(Coauthor, A,""mbly Memh.". """ Members Cortese and
Lee)
March 7, 1991
An act to add Chapter 2.3 (comml!ndng with Section
615078) to Division I of Title 7 of the Government Code,
relating to local government.
[£GISLATII{t;. COllN5l<:L's I)lGl?..\j'
sa 7Y1. as amended. Morgafl, San Frlltlcisco Boy area:
regional growth management.
(1) Existing lu.w provides various regional planning
agencies in the San Francisco D~y tUea,
Thi. bill would make fUldings dod declaration. regarding
regional growth management in the ~an Frandsco Bay area.
The bill would establish the Bay Ar~a Regional Commission
in a region consisting of 9 counties in the San Francisco Bay
area by merging 3 existing regional agencies, the Associlltion
of Bay Area Goverrunent., the !lay Are. Air Quality
Management Oi1Jtrict~ and the Metropolitan Transportation
Commission, Beginning January I, 1!l9~, the commission
would succeed to the powers and duties of those entities,
~speciaD)' with respect to regional housing needs, regional
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SB 797 -2-
!rllllSpOrtation planning, and air'quality management. 'fhebill 0 •
~; _" ,', , would provide, rhat the commislIion has no new powers or
:;jIIiIIIIIIi!11 taxing or land-use authorities be),ond those already in
exi,tence and that the commission shall not affect any power
or authority of local government or the people.
The commission would be governed by an interim board of
Ii7 members, .electtld by specified pro<edures, that would. ..
remain in effect until January I, 1997, and until the ...,
Legi.c;lature provides for its termination or transfers the
board's ftmctiOIl8 and duties to another permanent agency.
The commission would be required to prepare. in
consultatioll with countywide planning associations that
would be e,c;tabUshed, II regional strategy for th(~ conservation
and development of the San Francisco Bay area, pursuant to
specified gools and objectives.
The commission would be required to, develop and submit
; to th~ Legislature fiscal strategies that support the overall
, goals and priorities of the regional strategy and reduce the
fiscal consequences of land-we decisions, us spec,ified.
The commission would be created as a local agency, Thus, e I •
the requirements made on the conunission would constitute
. a state-mandated local program.
(2) Dtt, ~ CSbNBftiti:8h ye.:tt~i1e& ~ ~ ffi
'f't'lH8BtH'&ei leettI ageaeies eM ~ fiistriet& Mr-~ t!8fJte
• .,.",deted It,. tilt> _ 8101«10., 1". >i.iOA, eolohlio!. • •
jpree~ fep ~ $at fo6ime1::H'aemllll:t'; in~ltlaift!> tik,
i ereatio .. &f 0 _ t. ..... date' g,,;..,. F....a ... ,..,. tfte _ &f
r fft8ft8tttes wftieft tI6 Ret eeeed $1,999;900 ehtte ... Wle Mtft etfler.
,I ftl'6eedttl")8 kw eta1ttt8 -wfte8e state hide etMt6 ~ I $I,IlOO,OO{I,
; ~!oiII......HI ~ +!oat; if !lte G .... tniodi .... _ SWe
iMtmt4atell tiet:m mHh!!8 ~ fht8 Dill e8ft~&tnll f.!!e\ft8 A'lllft88ted By
ltfte ~ ,e~8ehU.,"t fop fft'6ge ~ ~ ge ~ • I .•
ipttf&l M'tt M ~ fjteltiter) preeeti1tH"e1l attft.; if tfte stttte .. ide ( _ e.-Bet -.-I $I,IIQQ,OOO, eheII "" tft<lde ........ tilt>_
~{aF..6:lItes ~ ~ The California Constitution requires
the state ta reimburse ioes! agencies and school distn'cts for
tertnln costs mandated by the stllte, Statutory PfOl!isions
(>sIBblish procedures for IJJaJcjll~ that rr;mlJur,'ic!rJrn!.
, This bill would provide thai II(} rr'i/UburJ,'/JiI'ul i,lIi j'("t:lu'rt.:·d e I e
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-3-SD 7!11
by tiu's B.ct for a specified rell$on.
Vote: nuijority, Appropriation; no. FUit;a} committee: yes.
State-mandated local program: yes.
The people of the StBte of CaliforniB do enact .. foUows:
1 SECTiON 1. Chapter 2.3 (commencing with Section
2 6.'lIY78) i. added to Division I of Title 7 of the Government
3 Code, to read:
: CHAPTER 2.3. BAY AIU"> GOVERNM>:N'rA~
6 CONSOUOATION ACT OF 1992
7
8 Article 1. General Provisions
9
10 65078. The Legislature finds and declares the
11 following: ,
12 (a) The nUle counties that border on the San Frandsco
13 Bay are a single, interdependent region. 8I'ld issues of
14 growth transcend local governmental boundaries. The
15 locanon, quality, and quantity of the San Francisco Bay
16 are,!'s growth have outpaCtxJ the ability of the exilding
17 governmental structure to plan for and manage the
18 region '.'i growth,
19 (b) The Association of Bay Are. GoverIllllf"s
20 forecasts an incr~o.se in the region's population.L I
21 7,400,000 in the yeW' 2010. If present !rends continue with \
22 most growth occurring at the region's eJgt;! at relatively !
23 low densities, the San .Francisco Bay area \vHl experience
24 greater congestion, more air pollutants, and a fUrttler los.'i
25 of tile region's valuable cropland and open SpElC~,
26 (c) The nine-county San Frandsco Bay area lack. a
Zl political structure that permits local governments, special
2B districts, and smgle-purlXJse regional agendes to
29 integrate their response to growth issues which cross
30 boundaries.
31 (d) Existin~ regional agencir.:., in the Slttl }'rar~dN.:()
32 Bay area with responsibilities for air quality,
3J transportation, and the coordination of locol land liSp' {uld
34 regiollill plunniug llUv(! no mandate to develop co~sistcn!
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1 regional goals and policies that address government
2 responsibilities. the region's economic health; and
3 preservation of natural resources.
4 (e) By integrating the work of agencies now
5 responsible for air quality. tnmsportutioll, and the
6 coordination of local land use, the people of the San
7 Francisco Bay area and their local governmenh have an
B opportunity to address intenelated. tegionflJ issues in a
9 constructive and positive manner.
10 (f) The open-space laqds of the San Francisco Bay area
II are necessary and irreplaceable biologic. economic. and
12 scenic resources that provide food and fiber, water
13 quality, recreation, plant and wildlife habitat, and overall
14 regional cha.ra~ter. Agriculture lands a.nd their
I 15 waterl)heds constitute over one~ha1f of all San Francisco i 16 Bay area open space. and due to sOlis. climate. and the i17 diversity of their crop and grazing uses. are integral to
, 18 California's agricultural economy. the maintenance of t 19 which is of national importanc(! liS a source of food and
, 20 fiber.
21 (g) Low-density wburban development has resulted
22 in the lo~s ot'significant portions of the region's cropland.
23 natural habitat, wetland.'!, and other valuable open space,
24 Continued dispersal of housing and employment puttern:;
25 will jeopardize the wgion's ecologicul health, its
26 agricultural economy, and its overalllivcabiJity.
27 (h) Guiding economic development ilnd maximizing
2B eCt)nomi~ opportmlities for the present und future
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population of the San Francisco Bay area is an
appropriate role of government. This role should involve
regional job development stratogies. iden tify constraints
to future economic development, and coordinate public
policies that minimize conflict among competing
objectives of envirorunental preservation, land use
conservation, and growth manllgement.
(i) Hpme prices and rents have escalated [miler than
income in the San Francisco Bay ar('a, rcmlting in
hardship and less choice for residents, The Jack (If IlCC{!!;$
to housing also imped(!s recruitment and retention of the
workforce. Most jurisdictions in the San Franci!ico Bay
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1 area do not meet the fwr sharo hOWling goals of the state
2 law, nor the requirements for the adoption and
3 implementation of general plan housing-elements. Few
4 communities I\chieve their goal:" and increasing nwnbers
5 of S&n Franci~('() Bay area workers are forced to live
6 outside the nine-county region and commute long
7 distances to work.
8 U) Air quality in the San Francisco Bay area does not
9 meet the ~tandards of federal and stftte laws, posing an
10 ongoing public health concern. Much of the problem is
11 due to increased automobile use that resulb ( )l
12 dispersed housing and cwployment patterrts,
13 Low-density development also Ildversely impacts
14 regional transportation, as trip lengths increase and
15 congestion creates more delay in traveJ time,
16 (k) Development patterns that lJ.re suffiCiently
17 compact to support the widespread USe of mass tr~nsit fo_r
18 work trips create ben~nts for the peoph~ of the region,
19 including mote cost~efficicnt public services, reducti(1ns
20 in the loss of dgriCUItUral and other open space, and
21 improvement in air quality through decreased need for
22 commuting long distances.
23 (I) It is therefore the policy ofthe state and the intent
2l ,1 of the Legislature to:
2,.'5 (1) Merge three eXisting regional agt,~ncies; the
26 Association of Bay Art'a Governments (ABAG), thp "~Qy
27 Awa Air Quality MnlltJgement District (BAAQMD), ... \d
28 the Mctropolitatl Transportation Commi.,sion -(MTC) ,
29 (2) Estilblish the Bay Area RcgiunllI Commission to
30 propOse a strategy for guiding development and
31 conservation at regional and countywide If''veIs.
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Article 2. Definitions
65078,]0, (0) "Opon-SpllC(l lands" lUean:, up;riculturul
ulla olhor open .. spucc lands a~ defined in Section 65560,
(b) "Commissio:l°' rneans the Bay Area Regional
Commission,
(c) "City seJection comrnitteo" means the city
seJection committee created pursuunt to Section 50270 .
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(d) UBay Vision 2020 Commission" means the 31 San ,.
Francisco Bay arca residents appointed in 1989 by joint
action of the Bay Area Council, Greenbelt Alliance, and
LoceJ. Elected Convenors to make an independent
e)(aJJlj,nation of growth and development': issues facing the
region and to recommend actions to addrcsli them. The
colIlmission's report on fmdings and recommendations t
was issPJed in May 1991.
(e) "Compact development" IDeLlIlS residential IiIld
commercial development constructed at average
demities higher than those pTevailing in the Son
Francisco Bay area. in 1992 and that ha.ve been
demomttated to support achievement of local and
regional housin6 goals, maxi~ize efficient I.lS~ of
infrastructure, increase the feilsibilitv of widespread use
of public transit, and significantly r~duce urban sprawl.
Article:l. Bay Area RogionAl Commission
~B.20. (ll.) TIle Bay Area Regional Commission is .,
hereby e~tabli5hed in the San FranciSCO Bay area region.
The region consi.sts of tht\ entire area within the
boundaries of the City and County of San Francisco and
the Counties of Alameda, Contra Costa, Marin, Napa, San
Mateo. Santa Clara, Solano. and Sonoma; however. the t
CQmrr:dss~~Qn shall not excrc:i8e air quality managemont
powers and responsibilities within the llI(~8 of SOJiUlO
County included within the boundllfies of the
Yolo-Solano Air Pollution Control District.
(b) Notwithstanding Bny other provision of law,
beginning January 1, 1994/ the commission shall succeed
to the powers and. duties of the following entitios wHhill
the region: •
(I) The Association of Bay Area Governments.
(2) The Metropolitan TrQruJportation Corrunissiotl.
(3) The Bay Area !\ir Quality MonagemeJ1t District.
(c) In addition to' other responsibilities established by
law. the conunission shall exerci.!le the powers and
responsibilities of the predeces80r agencies with respect
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1 (1) Regional housing nced.!J pursuant to Section 6:JI584.
2 (2) Regio".l trllllsportation planning pursuant to
3 Article 11 (commencing with Section Z9530) of Chapter
4 2 (.f nh f·,inn 3 of Title 3, Chapter 2.5 (commencing with
5 SecllUu 00080, Chapter 2.6 (commencing with SectiO'l.
S 65088), and Section 99302 of the Public Utilities Code,
7 (3) Air quality management pursuant to the federal
8 Clean Air Act \42 V.S.c. Sec,7401 et seq.) and Cha!'ter
9 )0 (commencing With $ection40911l) of Part 3 of Djvi.,ion
!O 26 of the Health and Safety Code. d'\
11 (d) The commission shull have no new pow","""
12 taxing or land~use authorities beyond those that already
13 exist in the predecessor agencies, and its existence shRll
14 not otherwise affect any power or authority of ~
15 gth efflthl!S1'\t any other $tate or regional agency. JlJCai
16 governmenl, or the peopJe.
11 65018.21. An interim governing board of the
18 commission is hereby creAted con~isting of the following
19 'tJ7 members:
20 (Il) Twenty~two members t"eprcsenting cities in the
21 region, who shull be elected city officials, appointed to
22 reflect relative county population as follows:
23 (1) For the Counties of A\IilUed., Contra Costa, Santa
24 CJe,ra. and San Muteo, iwo members from each eQUIlty
25 appoillted by the city selection conunittee within rJ
26 county. (
Z1 (2) For the Counties of M.rin, Napa, Solano, an
2B SOnOID..l, one member from each county appOinted by the
29 city s,clection committee within the COWlty.
30 (3) For the City and CQunty of Sa" FranCiSCO, two
31 members appointed by the MI\)'or of SUIl Frmicisco. In
32 uddition, tho Mayor of San Fruncl.sCQ shliH uppoint two
33 people who may be ejected officiaJ:'j or public members.
34 (4) For the City of San]ose. two memhcrs, and for the
3..1) Ci.ty of OakllUld. one member appoint.ed by the mayor
36 with the consent of their respective city cowlcih. In
37 addition, the Mayor of San Jose shall appoint two people,
38 and the Mayor of Oakland .halloppoint one perSall, with
39 the consent of their respective city councils, who may be
40 elected officials or public membern.
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1 (b) Seventeen members representing counties in the ) 'I fa
;1. region, reflecting relative county population, they shall
3 be appointed by a ml\lority vote of the board of
4 supervisors in each COWlty as follows:
5 (I) Four members representing the County of Santa
6 Clata, at least one of whom shall be chosen frQm a slate
7 of thl"ee candidates nominated by the members of the ) e
8 dty selection committee who represent cities with a .
9 population of not more than 1:50,000 rc~idents.
10 (2) Three members representing the County of
II Alameda.
12 (3) Two members representing each of the Countie5
13 of Contra Costa. San Francisco. and San M'lteo.
14 (4) One member representing each of th\~ COlmtles of
15 Marin. Napa, So!ano. and Sonoma.
16 (c) Eighteen public members, who shall nut be city or
17 county officials, selected by lllIIiority vot" of the city and
18 county members of the inWritn governing board from u
19 U!>t of nominee. .ubmitted by the Bay Vision 202Q
20 Commi~ion. The Bay Vision 2020 Commission shall e I e
21 solicit and accept nominations for public members from ~
22 interested organizatioII> and individuals, and ,hall submit
I 23 a list of at least 36 nominees to fill the public member i
• 2A positions. The Bay Vision 2020 Commission shall notif}' ,
2.5 Qrganizations and individuam known to huve interests in ) ·e
26 issues addressed in Section 6.5078 of the opportunity to
27 submit nominations.
28 65078.22. Tho members provided to U coul\ly alUl to
29 cities within that ~ounly pursuant to sllbdivi~ions (a) and
30 (b) of Section 65078.21 shall be appointed as specified in
31 that section unless by March I, 1993, a majority of the
32 board of supervisors and a majority Df the cities
33 representing a majority of the population within the Ii) I •
34 incorporated area of the county llgree. to chunges in the v i ~
35 di~tribution of tho~e members,
36 65078.23. (a) All nominations of appointments to the
\ 37 interim governing board, both governmental and public,
38 shall abide by the folloWing crileriao
39 (1) Representation shall reAect the relative'
: 40 population of each county within the reglOtl, and each of • \ ,)\ A
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1 the nine counties shall ha.ve at least one publi(:
2 representQtive.
3 (2) The board shall reflect the ethnic, radal, sender,
4 and oocupational diverSity of the region, and shall
5 include. but not be limiten to, representatives from San
6 Frllllcisc':) Bay ltrell local govenunent. agriculture.
7 bUSiness, environmental. Illld housing intere&ts,
8 P) Members appointed to the board shaU hav",
9 <expftrience with the regional issues addressed in this
10 chapter.
11 (4) Nothing shall preclude board members of thO
12 existing regional agencies from serving on the interim
13 governing board.
14 (b) AiterIlalesshall not serve m the place of appointed
15 members to the interim governing board.
16 (0) Members .hall serve without compensation. Each
17 member shall re~eive a per diem not to exceed 'one
18 hunrlwd dollars ($100) per meeting and not to e<ceed •
19 combined average total of four such meetings in lfiy one
20 calendar month, plus the necessury traveling expenses as
2] mDY be authorized by the commis~ion.
22 (d) The term of office. for each membm" of the interim
23 governing board shall be for fout' years, expiring January
24 I, 1997. The original appointing authQrity shall select a
25 replacement to Serve the remainder of any governmental
26 or public mombc.'s term of offic(.~ fol' H VIlCllllCy duo f
27 dealh, rcsignnllQll. or other reLison., A IHcmbcr appointtJt...
28 as a governmenllli officCl" shall vacate his or her board
29 seal upon ceosing to hold that pubhc office, tmlc3S the
30 appointing authority consents to completion of thtl term
31 of office.
32 (~) On and after January I, 1997. and unhl the
33 Legisla.lure prOVides for the tl:!'rminntion of the cxjstence
34 of the interim governing board or the transfer of the
35 board's functions and duties to some other permanent
36 agency, the term of office (Of ea.ch member of the interim
37 governing board shull be (our years, except that the first
38 term of one~third of the governmental members and
39 one-th,rd of the public members, chosen by lot. shall ""
40 for two ycurs. and the first term of another one-third of
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1 th" governmental members and one-third of the public
2 members. chosen by 101, .hall be for three years, The
;) members of the interim goverrJing boR.d shall continue
4 to serve until their respective .ucces,ors ate appointed
5 an<l qualified to ""<ve as provided in this chapter.
6 6W78.24. (a) The interim governing board shall,
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B cOllrolidate <md merge th" responsibilities of A8AG,
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10 agencies shall remain in place and continue during thi>
11 transition perioo,
12 (b) The interim governing board shall be org.nized
) 3 pursuant to the folloWing ,dmdule,
14 (1) On January I, 1993, the period for ."""pang
15 """"natioos for public member> ,hall UQ opened.
16 (2) On or befor<l March 1, 1993, the goverlUnantal
11 representative, shall he appeinted,
18 (3) On MOTch 1,1993, the norainnUon period for publio
19 members.hail be closed.
20 (4) On or before April 1,1993, tbe list of nominees for
21 public memb",sshall be delivered by the Hay Vision 2020
22 Commission to the g(lvernmentnl members of the board.
23 (5) On 13r before May 1. 1993, the governmental
24 members sru.ill meet and select the public members from
25 the 1M of nominees submitted by the H.y Vi,ion 2020
26 Commission,
27 (6) On or bef"'e May 15, 1993, the full board sholl
28 conv~ne an organizational meetir.g,. elect t\ chairperson
29 from among its m6mbers~ and pr(Jpo~" an interim budg(lt
3() £Or the first year <>f operati<>n. The "'terins budget ,holl
31 not exceed seven hundred fifty thOU,.iiand do)lllu
32 ($750,000), of whkh nQ more tru..n 30 percent may be
33 expended on board reimbursement.,
34 (e) As soon .. pmcticable, the boan} ,haH appoint an
35 executive director who shall admmister the affairs of the
36 commission, in accordooce with the polici'JS of the board,
31 The executive director shall appoint tho,e employee.
t' 38 necessary to carry out the functions of the commi!i!'iiQo.
. 39 (d) During the period prior to the time the board
, 40 assumes the responsibilities of the three agencies to be
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1 merged, it .hall study their responsibilities through
2 re'e.r~h, briefings. workshops, hearing', 81Id otbet
3 means.
4 (e) To guide preparation of the trunsition pJ81I ""d tv
5 ovcrst~e the cOmmlssion's orgacriz&tional work during the
6 transition year, a merger <rrgaruzatioll COlluniUee shall be
7 established by the bo .... d.
Il (I) The committe<" shall be composed of six elected
9 members and three public member, of the board. The
!O committee ,hall develop and recommend a w(\
11 program and policy cmnmittee -structure for M
12 commission. The committee shall receivo advice and
13 coun,el from the Executive Directors of AllAG and MTC
14 and the Air Pollution Control Officer of BAAQMD, <"
[,5 their d",'ig!l<'''''. Preparations shall be m.de fOf ".'I,um;»g
16 all federal and 'blte .tatutory responsibilities of the
1'1 existing agenC'ies,
18 (2) Tho committee shall develop an oper:ttionru plan
19 for cQnsolidating tbe agent:-im. At a mioimum, the plan
20 'haUlay out schedule. and recommend<ld action, for the
21 following: persQnn.cl and human resources, employee
22 bcnofits. building ltnd cup_tal ~~ct fluUlugemcnt, ofHce
2..1 lotations. information sytitt:~m.s, und puohc information.
24 The operational plan far eon,alidation ,hall recognize
25 eXisting ugreemfonts. ac'Cl"ued employee benetlts. anr')
26 10000tions of existing QperatiOIlS. It ,hall aho provide, l,
Z1 the maximum extent possible. for existing employees of
28 the predecessor agencies to conhnue. CQuwJidation
29 efforts shall focus on normal attrition, reduced USt'! of
30 outside consultanh, hi.ring fr<!e'l.es. and other measur-es.
31 (I) The board shilll implement the ordedy
32 consolidation and merget of tegioruti re~p.onbibilities
3J under this chapter by December 31. Hl93,
34. (g) Adequate funding ""d staff "'pj>l)ft to a',;st H.e
3~ board in developing the Ir~n,ition pmgflun shllll be
36 provided from the operuting budgets of the three
37 predecessor agencies. No later than 3Q days after
38 submission of the interim budget proposed undet
3.9 paragraph (6) of subdlvision (b), or any amendments
40 theret(\., eaet. predec-esror agency shall contributp its ..
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share to the board. Contributions, including in·kind
contribution., shall be prorated based on the 1992 fiscal
year operating budget of each predecessor agency.
(h) The interim govorning board shall remain in
effect until the Legllilature provides for the termination
of the existence of the intetim governing board Qr the
transfer of the board's functions and dutif!s to sonte other
per",..,"nt ageney. On IlIld after January I, 1997, the
suCCessor memoors of the interim governing board shoJI
be appointed as provided in subdivision (e) of Section
6W78.9."l.
6W78.2.'l. (a) 1'he commission sh,,11 be • local agency
and thereby subject to the Ralph M. Brown Act (Chapter
9 (commencing with Section 549~O) of Putt 1 of Division
2 of Tille 5).
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16 (b) Each member of the interim governing board
17 shull have one vote, A mujorily or the 1T\(,fil.bcr~ of the
18 interim governing bOLlrd of the commission shall
19 constitute n quorum for the tran.saction of business. A
20 majority vote of a quorum is necessary to aet on any
21 matter before the commission, except that a majority
22 vote of the entire commissi.Qn shoJi be required to act on
23 any of the followinK
24 (1) Adopt any rule or regulation affecting !liT quality,
25 transportation funding, or housing allOcutions,
26 (2) Adopt any recOlnmendation to the Governor and
27 Legislature of measures to carry out the proposed
28 region8.1 strategy,
2,Q (3) Appoint or dismiss an execulive director,
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Article 4. Growth Management Goals
6:5018,30. In fulfilling the responsibilities of the three
merged agencies and developing Ii regional growth
management strategy in conjuncrion with local
governments and countywide planning &'SSOellltiOns, the
commission shall be guided by. and seek to ensure
consi.~tency with, the goals and objectives of this artide.
(a) Economic vitality·. Ensure economic development
within the r(!gion to provide jobs for ~urrent and future
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1 residents. to inc·rease the tax bqse. to 5UPP<lJ:'t and
2 enhance Californio's position in the global marketplaee.
3 and to help-provide the resources necessary to meet vital
4 environmentJJJ. hOllsing. transportation, end other needs.
5 (b) Natura) resourco protection IUld conselvatiQn;
6 Ensure the protection and enhancement of natural
1 reSOUrces necessary to the health and well-being of
8 present and future generations, and to the sustainable
9 ecological health of the region.
10 (c) Urban development: Ensure that new
11 development CI'eates a compuct, city-centered regiQ()
12 pattern which 5upports majCJr urban centers, encouI'a~
i3 housing affordabiHty, improves , • .Iobility, minimize ...
14 public infrastructure and oTlviroruncnt!l] costs, ~nd
15 protects agriculture. other open s[.mce, and other natural
16 te,'>Qurces, lind emures it high quality of life in urban
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(u) I-lvusillg supply allu uHonlability; Ensure the
provision of :::.ufficient hou~jng within each county of the
Siln Francisco Ba.y area with a range of type~, dcnsitie:>,
and afTordability :.lnd Ii. sUit01bl~ living environment to
Ilccommodute current llod future San Fnmci'ico Bay area
wotkers and hOllseho-'ds.
(e) Regional mobility: Ensure )and use patterns and
transportation plltterns that fucilitate safe, convenient,
and reasonably priced mobility and increased uSe (
public transit, and that discourage long-distal, . ..!
single-occupant automobile CQmmuring and olh~r travel.
(f) Public facilities, .services. and infrastructure:
Ensure that public facilities that are consistent with
regional and countywide deveioprhent strategies ure
available in 11 timely, ordmly. and co~t·effe('tivc manner.
Article 5. CountYWide Planning A!sociations
65078.40. In accordance with the findings in Section
65018~ the LegislutUfe uechues that it is necessary to
foste" countywide £llanning coordinution within the
nine-county San Francisco Bay arc" und ,ldjacent
cOlmties in order to cnhunce the ability of local officials,
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regional agc,ncies. and the state to pllID, manage, and
budget for the physkal, social, and economic
development and, redevelopment of the region's
communities. Among the purposes of the process are the
following,
(a) To promote the integration M the physical,
environmental, social, economic, and fiscal planning
activities of local governments.
(b) To encorn-age the coordination of planning and
development activities between and among cities,
counties. special purpose districts. a.djucent counties.
regional agencies, and state governmont.
(c) To provide a means for local governments to
establish mutual ffiewJ1,lreS to help provide housing and
job opportunities and to pres.erve and enhance the
quality of life for residents within a county or group of
counties.
(d) To assure coordination oflocal planning ILS well as
CQnsis'cency between local plans, regioolll goals and
objectives. and statewide policies.
(e) To ensure coorrunahon with responsibilities of the
local agency formation Conuni8siom.
65078.41. In order to Q.l;Slst the commillsion in
developing the regional strategy and to Qccomplish other
purposes cnwnerllted in Section 65(11'0.50, It countywido:?
planning association ,haU be designated within each
county in the San Francisco Bay area.. Associations are
created to enable local government:"! within the area of a
county to address the issues of the balance of jobs and
housing, the production. preservation, and rehabilitation
of affordable housing, and compoct development.
Associations are specifically prohibited from developing
programs or policies which shift responsibilities for
addressing those issueli to other counties.
(a) The congestion management agency established
under subdivision (8) of Section 650S,9 shall !'erve as the
countywide planning association, unless by April I, 1993,
a lIll\iority of the board of supervisors lind. m'IJority of
the cities representing a majority of the population
within the incorporated area of the county create or
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1 designate another asSOciation pursuant to subdivi&ion
2 (b).
3 (b) In designating an entity othor thlUl the congeshon
4 management age:1cy to serve a.t! the COUn tywide planning
5 association pursuant to :mbdivision (a), each city arld
6 county apprOVing the de:dgnation shaH make a fimiing
7 that the specific expertise, composition, and powers of
8 the proposed association will enable it to mOre effective!y
9 carry out the planning purpose!\i of this chapter than
10 would the congestion management agency. n
11 (c) A countywide planning association shali incluYal1
12 the p;coHI't.lphic urca of II COHuty. However, Bothing sllil.ll
13 preclude two or mOre ('ounties frorn forming l:l
14 multicounty countywide planning association.
15 (d) Nothing shAll preclude countywide planning
16 associations and their member governments from
17 participating in joint planning with adjacen~ cities or
18 special districts.
19 65078.42. Each countywide planning aSSOciation shall
20 undertake specific planning efforts with adjacent
21 counties. including those outside the San Francisco Bay
22 area, on issues of mutual benefit Or concern that cross
2.1 county boundaries, including, but not limited to,
24 traruportation. environme'ltal quality, housing, and
~ economic development. • . '\
26 6..IIi07B.43. Each countywide planning association ~_...JI
27 is authorized to assist the commission in developing the
2B regional 3trategy for the conservation and development
29 of the SM Francisco Bay area. pursuant to Article 7
30 (commencing with Section 65078.60).
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Article 6. The Itogional Strategy
65078..50. In consultation with countywide planning
ilSsociations. the commission shall prepare a regional
strategy for the conservation and development of the San
Francisco Bay area. The regional strategy shall consist of
goaJs and objectives, r~gional poliCies and programs,
countywide and local sbmdards, and recommendations
for state actionli consistent with. and neces!jPiry to
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impl!'ment. too goals lIrul. 'mjeclives e5l:.W;',}",rl pur..",flt
to Article >} (commencing with SecWm ~.30).
llecommeOOati""" fur change. in law 'hill Include
criteria and proooo»r", f<>t the establishment of urban
growth boundaries to de.signate l\re-as f01 development
and areal fClt protechons in each cquntYwlde planning
area of the San FrQ.ruJiseo Bay ate-a. The intertm t'flgionoJ
commission MwtD ~ J!6t1t'\t) o)se ~MinHlhl!' ~t1tffltt
itt re.ie4tmg ptJ8':Iiide' ee,digtlPatteM ~. ~ gf6Wt:h
Io ..... de.' ••. l>oot .hall not require tbe drawing of urban
growth boundaries prior In {urlllm "ction by the
Legislature. Rocommendation, lor change, in taw .haU
be imp/m""Btoo only if appr~d by the ~islatur"'.
The regional slrategyshall be prep.n'fi 10 the "ftent that
federall=ds are " .. ailable to tbe legkm,,1 ""''''mission 1M
pI""""'lf p,,~. ,'I., stll/e (Jr local fuiIr1.< .#1illJ be (!Sed
lor preparation of the regional strMegy, Any C'QSls to sl.ute
ilgencie:r Of departI11ents for reviewing flm regional
strgt~-8Y dJJl1/ be absorbed in their exi!,:titJg iJudget.'!,
(;w?B.l>1. ·the 'regional strategy sllall uha include, hut
not be limited t{), ~ me",ure. thut wi!! do oil of th.
foUowing:
(a) Secure regulatory and pwcedl1rul refonr~~,
coordinated WI"astructure ylaflning and funding~
focused development oppotl::unttw£, incentives. and
QtherwiS(>-'Support economk vitality.
(b} Achieve federal and aiatt} '5'tJmd-rrrd); for air and
"",tee quiility. p""teet agric>.tirursl «rnl open.space larul.,
r-estGH3 and maintain the eCQlogicn1 h",ruth of Hte S~n;
Fr.iIDClsoo Bay~Delta E3tuaxy, rivers, watershedl~
"quliers, and wetland. tl,mugnoot th~ region. aoo
mhe.nvire conserve and protect natur.o.l rOs01,ll"ces..
{c} Pcomote -compat-t lIDW dcvelopment and the ure
and !"Cuoo of VHcant and underusOO. lands within mwnu..
.and P1'ocedu.res for ur~n gro.wili hounrlU_TiflS adopted hy
the Legislature. especially tho.e that ""Ill"'r' the """ of
ma.ss. t:n\{\sit:~ increase the timeliness and efficiency of
development reviews. arul otherwise ,uppert romp3ct
development.
(d) Attain ,t.te goal. for the construction,'
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I rehabilitation, and P'''''t'>'l'lltiOll of sufficient )wwmg with
2. a range of pme~.and types to acc()nun~~ -eu~rent and
3 future households lIrul. workers, reduct' th~ p>'OpDYtion of
4. San FrancisCQ BHY .area employ€-C.,. livu}g outtide the
5 tflgion~ rewatd'C~mmunitim with genenu plans and othet
(; prOZff\ffiS that support attainment of regional hOUSing
7 gonls, pro"iide-opportunitios fot miK~d-ln.cm)"J"e nouslng,
8 avoid dis.p{.u.C<lm~_~~\~ t>f lower income tosidenls. prOVide-
S for replacement h,Qusmg whete redevelopment and
W gentrilk"tion ",.ult in the In"" (If affonl.ble hOll5mb
11 .tock, arul«therwi.., support housing that u af(",d.ble t ..
12 those (If all income revel •.
13 (e) C<vrdinate tI,e Ioc.lion. tyi"'. Ol'U density of
14 houSing «n<l employment to encourage tran~it 'Use,
15 support ch" d"veWpm~nt of diver." publi" ond private
16 tl'an&pMtatl-&n services within (>r~teri'i:S and pl0ceduf(lS for
17 urban growth bounrlaries RUor>ted by the Legisla,ure,
16 ptomote market-based pricing incentives that take into.
19 considemtion the need to a~ure C(l.J]tiOUCD mobility fe-I
2() all economic segments of the p"p»lation, /l"d otherwL,e
21 support mooilily,
22 tt) Ensure «<k\.lua.te rogionw lrurmtruNure b:t
23 m""U/y,ng neederl public r""illties of regional and
24 c(Juo.tywtce significance. assuring tnRt oovelopment jj;
25 accompanied by fiTm COITJrmtments to provide t\e.ed~-d
26 infl'aatruct'UI..'(~ .. promote intel'jur~srlictii)naJ cooperatioJ\ t
21 eliminate coody duplication ti( pubtic faciHhes,
28 T~omD}[.'J)d Qther policies and pmgfam;$" (0 schedule ahd
29 fin&ru:-e infrastructure dud se-rvices to SUpPllrt
30 aeh~vement trf regional hoo.:ting goo~, and othetWise
31 support the timely and (Xjst-efjectivl~ provislon {)(
32. faciUties~ oorvJcest and iruJ.'nslrut'ture.
33 (i,'\07l!.S2. In developing prooedUf€' by willeh
34 cnunt)rwide planning associations shall designate w·~
35 growth boundaries, the-comm1s$ioQ shall incorporate the
36 follOWing criteria!
:]1 \«) o...""j"pable lands within "rbo" growth
38 boundaries shall provide feasible oPl'ortuniti". tl) meet
39 not more nur less tha.n .ZlJ.-year pr~ections of gt'Qwth.
4f} Ikw.lapmellt opportunities shall be d"';gnated by
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1 countywide planning assod.tioru at average minimum
2 densities consistent with the regional compact growth
3 goal Theon de.igoal'on. .hall addres, tho liming of
4 mmemkms <m<l ,l<l6tled public ~"I'itulimprov"m"nb.
1) {b) lAnds designatcO for urban d,welopment shall 001
6 include lands protected by state or federal .tamt",
7 induding "'eUand",nd habitat required for "._4 .... 1 .. 100
II under stat" <>r federal L.w as threatene<l or endatlgere<i.
9 public park or 0poo-'po"., land, ,eeured by conservation
IQ -=ent., or lands designated in adopted public agency
11 master plano ." fulute parkland. or public Opell S!hl"'"
12 (e) The cettlIID,nfJtt ,ru.u wcrunmend reg;",,~l
13 policies and criteria for the defmition nnd conservation of
14 other open space. incJu~ but not limited to:
l~ (l) Prime f"'mlond, farmland or statewide
16 importance, unique fl'«'m)""d. and farmland of local
17 importance, as defi,,"') in the Farmland Mapping and
18 Monitoring Program punuant to Sectioo 65570.
19 (2) Other [«od ",«nee! '<l the long-term maintenance
2<l of regi<mal <>r .ul)'''lliooal ag,.,.u1tuTaI eronon.ms,
21 (3) Mlliar ridgeline!, hill f.ee., 1U1<1 other land,
22 necessary to prQt~1 importwlt yjew.hed.,
23 (4) Buff"" oolw""" """"'",n;(",,,
2A (5) Habitat areas and m,,,,,,ment conidaT> emmtia\
25 for the }ong~term maintenan~ of biologkul diversity.
26 (6) Streams and ripBrilon .""""
'X{ (1) Lands 1M! are hazardon, to develop,
23 (d) Maximum fleKihility shall be provided to
29 countywide planning st.S."Itw-satJons fM the Gf!slgnlttion of
30 agricultural land and other open .pace not to be included
31 within urban growth lm~., .uhject to findings by
32 the eommlssion that the patlern of 1.00 use proposed
33 properly balances needs for devolopment ond
34 conservation pm"",an! to the goal. and poliCies
35 ""tablisbed in MUd" 4 ("'-"""""'fig witl, Section
36 6W78,3U) , :.n (a) The comnu&sion $hall recommend measures to
38 ,,,,peclit,, and enhance development within urhan growth
.w bmmdarie, and to eonrerve as .. <egi<Jrut! gr"""belt all
4Q open '(!Bee QulsJde or the thtln effective urban growth
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boundar.e ..
(I) H'asures to e.pedit~ and m>bance deW!hpment
within urban growth boundurit:<s mil)' indude1-but neoo
net be limitoo to, 100 r",lll)Wing:
(A} Measures to encourage re!r;Olution of land usc
ClmlJict. wHhout litigation,
(B) Streamlined permit "'w"", <m<l the ure "f master
environmental impact reports <mrl deveLopment
stll1ldards as part of comprehensive plan updates,
(C) Compreheruive long-term planning and fundil"l.
of public mfrQ.!itructure and ca.p~~\\l uU'PIQvemenb. V
(D) Measures that "'I:,me that special purpose
districb and other !>'erviu~ providers flWV(de oec~ssary
services where development is planned.
(E) Distributing regionally alloc.ted funds. based (On
performance in meeting region'1i go«ls for housing
8Upply-MId affOrdabitity~ compactness of deve~opO'):ent~
und the bJlll1llce of ]obB and hOluing witrun ~"",h
countywide planning Area.
(2.) M,"""',ea to ronrorve I£na. <mlsid" »f ",ban
growth boundaries os a regional greenbelt shall include,
but need not be limited tQ, lh<l following:
(A) G<Jals, I!<lUcie" .md &\"n<l .. d, ro,. the protection of
"U open _e ouL.ide ill then-effective uthan g"<lwth
boundar,,,,. , 'j
(Il) Tim identification of potentjal p'"wams £J.. ,
permanent protection of open space,
(C} Measutes to enSUre that all crop and graziug lWlds
a.nrl other open 19ud~ essential for continued agricwtur~
proouctivi.ty aTe conserved by countywide. phms. {\S.
agricultural proouction ZOO"" m parcc41&rge "w.<ugh for
cnntinu.ed commercial agriculture, and that Imy
subdivision or us" threatt·nJng long-term .gricullurul
viability i., prevented,
IJ5I]I'a.ro, The commission shall develop and submit to
tbo legislature .... an element of the regional strategy.
recommended pJ'(J«edvre fCf" -commission revic-w and
certification of urban growth bounrn..j"" .uhmittOO hr
countywide planning .. ssociation" Tim roco"""en<lalioos
.nan include proccOure. for initially am~ndlng, the
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1 bollndaries after JO years, and subsequently at five~year
2 intervals to ensure a continued 20-year supply of
3 development opportunities. The recommendations shall
4 also include procedures for boundary adjustmen t8
:5 between amendments that result in nO net increase at
t)
. 6 d~ctease of feal;ible development opportunities within an
7 urban growth bOlUld.ry. Adjusting and amending the e
8 boundaries shall require findings by the commission that
9 the adjllstment or amendment is consi..<I,tcnt wlth the
10 regional strategy.
II 65078.54. Th~ commission shall identify and analyze
12 current state and regional assumptions. data, and
13 methods of pTOjecting population. household. and
14 employment growth and of aJlocating regional hQusing
15 needs, and shall develop policies, proccdum:J, llnd
16 recommendations that enSure consistency between the
17 prOVisions of this chapter and projections of popula.tion
IB growth, employment. and housing needs find goals,
19 65078.5.'\. The regional strategy shan include
20 standards for local and countywide plans and policies, and I;.~
21 recommendations for ,~ process of regular review of
22 progress toward implementation of the regional goals
23 and objectives.
24 6..~078.56. The regional strategy .,hall include,
25 recorrunended changes in state laws, pltms, policies, and
26 activities necessary to implement the regional gOals anci
27 objectives. which shall include, but not be limited to, th«~
28 following:
29 (a) C'Jumges in the structure and authority of the
30 regional commission necessary \0 implernent the
31 regional strategy. including, but not limited to:
32. (1) Recommendations pursuant to Ser.tions 65078,50 to
33 65078.55. inclusive. &\
34 (2) The size, cOrn position, quaHfications, method of
35 selection. Iilld term of office of a ptJrmanent governing
36 board.
31 (3) The establishment of urban growth boundaries.
38 provided that the boundaries are accompanied by both
39 measures to expedite and enhance development within
40 the boundaries and measutes to conserve open space and _)
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1 other natural resourCes outside the boundaries.
2 (4) The appropriateness of m.erging into the
3 commission other regional agencies, such Wi the Regional
4 Watel' Quality Control Board. local agency formation
5 commissions, speciw districts, or other agencies.
6 (.5) Additional statutory authorities. necessary to
7 support implementation of the regional stra.tegy,
8 (6) A system of financial incentives that includes
9 distributing state and regional infrastructure and other
10 fWlds to encourage local gove;nllH!nt iffiplementntJ0\J
11 the regional strategy.
12 (7) A means of assuring pldll consistency with t e
13 regional strategy for plans of special districts, local a.gency
14 formlldon commissions, and regional agencies not
15 merged under this chapter.
16 (b) Changes tostreamJinc state enviwnmental review
17 procedures and policies, including. but not lirPJted to.
18 enhancing analysis at the plan l';lVel to reduce duplicative
19 analysis and chaUenges at the project lovel for projects
20 consistent with tireD plans_
21 (c) Changes in state processes to site, schedule, and
22 finiUlCC infrastructure within the S",n Francisco Bay area
23 in 0. manner cOHsist(-!nt with the regional strliJegy and in
24 conjunction wit!'\ the plans and poliCies of entities Within
25 the region.
26 (d, Changes in stnle housing element Jaw,; net~e!' 'Y
2:t to support icoplementation of the \"egionru SIT9tegy.
9.B (e) If needed. ch:mges in state projection
29 methodologies ('.onsist~nt with the finding::. of the
30 commission pursuant to Section 65018 . .54.
31 65078.57. The commi"ion ,hall develop and submit to
32 the Legislature fucul stTategies that support the overall
33 goals and priorities of the regional stTategy and reduce
34 the fiscal consequences of lWld use decisions whicb are
35 based on examining the [olJowjng;
36 (a) Fiscal reJationshlps to land Use. Examine and
37 recommend strategies to USe fiscal incentives to
38 accomplish planning and land use objectives. These
39 strategies shall includo, but not be limited to, Ii system or.
40 plan for the generation, allocation, and distribution of
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revonues from commercial, industrial, and. high-value
residential development that t(lduces the incentives to
base land USe decisions on their fiscal impacts, permits
jurisdictions to retain the proceeds from locally imposed
revenue sources, and allocwtes revenues within counties
in It manner that addresses inequities in per capita sales
and property tax revenues among cities and the county.
(b) Funding for implementation. Identify new and
mote flexible local, state, and federal funding to support
achievement of critical regional and countywide goWs.
particularly protection of na.turwl resources, increased
housing .upply and aA'ordability, and development of
mass tTWlsit, and propose fiscal measures need£"d to
support implementation of the regionl\} strategy.
65O'lB.58. In conjunction with Ciiliiornia universities,
the commission shall initiate Q comprehensive analysis of
pos.!iible balanced growth proposals that will incorporate
the impact of the San Franci~('o Day area region's diverse
plesent and future popujation on the region's natural
resources, economic goals. and future development.
All findings shall be reported to Lhe Legislature as part
of the ccmmission's report by the end of the three~y6lJ.r
period. The study ,hall be guided by principles of equity
and meaningful full participation by all ethnic, cultural,
and economic groups in the region, The analysis shnU
include:
27 (0) An evaluation of naturaJ resources, including air,
2B water, land, energy, and wildlife, ", well as social and
29 economic goals, including. but not limited to, ~ducation,
30 housing, economic opportunity. and quality of life issues
31 in relation to·the impacts of a dynrunic prl'!sent and future
32 population.
33 (b) The evaluation of economic goals in consideratIOn
34 of the region's present and future population, including,
35 but not limited to, employment skill avtlilability, job
36 sector needs and potential, strategies to address
37 Wlemployment tmd undcremploym('nt, nnd nn ~ 38 assessment of the ("IT('('ls 0(' nil th~ ft'j{io,.'" nnlund and
f
39 hwnan resources.
,40 (C') A review of •• wd \1\«', cI~'\'("lol'm(·'Jt lind
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1 tramportation patterns And polides to detennine the
2 optimwn strategy needed in order to equitably.
3 accommodate long~rong:e population nnd employnmnt
4 projections consistent with state goRls and the provisJoos
5 of this chapter.
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Article 7. Process for Developing the R~giorlal
Strategy
6.'5078.Su. I 1) The coJTUllission and counl~e
planning as~ciations. with Relive and early pMc
participation, ,hall develop the regional strategy in
conformance with the following process:
(1) Th(! cOll11ni,shm shall prepare procedures for
development of the regional strategy anc. guidelines for
local, countywide, and regio:::lal agencies to C'onsider in
interpreting the regional goals and objectives" These
guideline., and procedures shall be adopted and
forwarded to countYWlde planning associations on or
20 before September I, 1993.
2] itlT ~ efMHI., h i:dB ft~ tI!'t!JBeialte"i9 ~
22 luef'are ftt't intr'B"t:ery M 8881'lea ktettl f:I:ftfi t!8ttnl'j"'o"iee
23 ~ ftftii ~ fer e6110i"'ern\\&n ..". Hte ~
24 e8fltlftjssiel'i itt #Ie tie. elep'"Il'J"t M the !'egi6"aI fMtte~
25 iftoludi"g, ",*-~t<t,l<>ettlgtme....lt>lttw.t"""'"' )
26 fer hltlltlp8jt8~i6ft. W ~ .itt&.t; pef'tlhdt6ft,--~~
27 ft8t1/Ji .. ~.::fhe ftsseetatien8 Mttta ~ tfteHo findings toe ~
9.8 ebiitffd8SisPIO 8ft 6r bef.etrr.t, ~ !; ~
29 (2) TlJe regional commission shall consider adopted
30 loc,,} and countywide piaIlS JUld poliCies ru well ru all
31 other information as roilY be providnd to the comrru'5SJ"on
32 by the countywide plamung associations ior
33 consideration in the devB/opment of the regiomJ
34 strategy. including. but not limited to.IOC'al general pJans
35 and plans 10(' transportation, aU qunlit;:, jobs. populab'on,
36 and housing. The associations shall prOvide any
37 information for consideration by the regional commission
J8 on or before April I, 1994 .
.39 (3) The commiSSIOn shall propose Q draft regional
40 .strategy to achieve the goals of Artic1e 4 (commencing}
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I with Section 65078.30) by September I. 1994, t.king into
2 consideration local and countywide plans and policies
3 rep&ftes. te l!onsidered by the commission pursuant to
4 paragraph (2). The commission shall submit .the
5 proposed draft regional strategy to each city, county,
6 countywide planning association, and I'cgjonul agency in
7 the San Francisco Bay area, The commission shall also
B make the proposed strategy available to the public for
9 review and comment and shaH provide timely notice of
10 its avaUability for review and comment to groups nnd
11 individuals known to have lin mterest in the strtltegy.
12 (4) The general public, local agenci~" countywide
13 planning associations, and l'egional Hgencies shall have
14 the opportunity to review the druft regiomd strutegy und
15 prepare comments and recommcndutions for
16 modifications they believe are necessary. Comments and
17 recommendations shaH be subm.itted to the commission
IS by April I, 1995.
19 (5) The regional commission shall cOllsidor the
20 recomm.cndalions of the countywide planning
\ 21 associations and each locnl agency in preparing its final
, 22 regional growth mrulagement strategy, The commission
23 sholl hold one or more public heating!! prior to the
24 adoption of the strutegy. On or before December :n.
2.5 1995. the commission shaU adopt a final regional stflttegy.
26 taking iuto considl~ration C()mments rcceiv,~d during the
27 review of the draft strategy. and shall !.ubmit the regional
28 strategy to the Legislaturl': and the Governor for
29 consideration in the 1996 legislative yea~'.
30 (6) Until the Legislature acts on the commission's
31 recommendations, the commission shaJl be guided by the
32 proposed regional strategy to the extent consistent with
33 the powers and authorities approved in this chapter.
34 (b) In developing the regional strategy. the
35 commission shall ~ek full public participation lind
36 discussion of the issues related to long-term growth and
37 development of the region. Special efforts shull be
I 38 directed at ensuring bro:J,d-scaJe parHciplltion at both the
; 39 countywide and regional levels in the e-'ltJicst stages by i 40 groups and individuals throughout the region that may
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1 otherwise be unable to participate in the deliberations.
2 65078.61. (a) For the purposes of planning for,
3 preparing. and implementing the regional strategy. the
4 countywide p:uQning associations, loeal governments,
5 .md the regional commission may be funded. to the.
6 extent permitted by law, from the revenues J]vailable to
7 locm governments and regional agencies for air quality.
8 transportation, and other plunnil1g llnd development
9 activities, including, but not limited to, funds from
10 existing and future motor vehicle fuel taxdi and vehicle
11 registration fees, { '\
12 (b) To the extent permitted under applicable r",&t.hl
13 and state laws, the commission may o.c-cept any federal or
14 state grant funds availuble to It local or regional agency
15 for lilly purpose consistent with the purposes of this
16 chapter, The commission may also seek. and ace-ept
17 funding through private donations tlnd grants,
18 reimburspm~nts. or other funds from I other
19 governmental entities to more dfectively carry out the
20 purposes of this chupter,
21 ~ Il. N6l .. j'~'l.fldiAS !ieffi<ffl .l'fflW <>f H..,
22 ~ ~;fH..,~ ........... ShtIe M""EI.le.
21 detel'mifte~ +htt+ ~ ttet eetttaiHS ~ ffltll'li6tt:ted by tfte.
24 ~ ,eifftBul':'tefftent te I6ett! t\~elteie.s Mt8 ~
25 d:i~t-t'ie19 fer tfttlrte ~ ~ Ite tfttHIt, ~tI'r:'lt:ltlnt t-6 -PfIfl ~
26
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(eammeneiftg wtf.ft ~ H~ of gil iSltlP!: 4 f'1f :<"-t;k
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SEC. 2. No reimburscmont is required by thIS act
pursuant to Section 6 of Article XIII B uf the California
Constitution becllUSB the Legislature finds and decJares
that there aTe savil1g8l1s weIJ as costs ill thi~' ilt!t which. if)
the aggregate, do not result in addiNonnl net costs .
NotWithstanding Section 175$0 of the GovernJ11ent Code,
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ATTACHMENT D
O.OBIJG
ASSOCIATION OF BAY AREA GOVERNMENTS
"'''''''' ........ , • po. B., 2050 • oak'",,", C' 9""'!f~i G ;-: . ':, !1J!
aU ;,,-,,1, ~ ',:~~:: IJd)
November 4. 1992 -~ ,-.-
To all Mayors, Supervisors, Councilmembers and Chief Executive
Officers:
Good. News! Strong Joeal endorsgment for ABAG's "bottom"up"
erowtb manaeement approach
We're delighted to send you the attached "Growth Management Platform."
which won overwhelming support from throughout the region at last
week's General Assembly.
Witll this action, it is dear that our members advocate subregional planning
and decision-making as the Iynchpin for interju.,isdictional c",,{dination in
the Bay Area. This encourages COIT"JIluruties with common interests to
work together in resolving critical growth issues rather than ha\'ing
policies set in a "top-down" fashion, It also calls for future strearrJining at
the regional level, if certain conditions are met.
We hope that you share our enthusiasm that at long last we have an agreed
upon foundation for coordinated action. It provides us with guidance for
moving ahead, and for taking strong positions OD any future legislation
coming from Sacramento,
Finally, two thank-yous. First, to Councilmember Shirley Si~1;, of Newark
and the expanded Legislative Committee, who worked so hard over many
months to represent your interests. And second, to all those delegates,
alternates and other local officials who --ior up to three hours --braved
the worSl weather and traffic cODditions imaginable. Your commimnent
made all the difference.
Sincerely, _A~~ . /. /. ~~~./--,r!ff . ::;~f17 ~
Supervisor, San Mateo County
President, ABAG
A-, q,~.
Gary Falati
Mayor, City of Fairfield
President-Elect. ABAG
RepreSEffitf~ City and COUn1)-GolI'er'lmen!S cf the Sa;: F~a.,Cisco Ba)! Area
Joseph P. 8of1 MetroCent9i" • E'9~h & Oal<; Stree1:s • OaJdarod' • (5; OJ 464-7900 • Fa)c (510) 464· 7970
L ,t .,ca
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ADOPTED PLATFORM
ON GROWTH MANAGEMENT
The attached growth management principle, were adopted by the Generel
Assembly of the Association of Bay Area Governments at meetings on March 19
and October 29, 1992.
October 29, 1992
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The Association of Bay Area Governments
Platform on Growth Ma"agemen~
COORDINATED/INTEGRATED PLANNING PROCESS
1. 'The plartning process in California shcuJd be broadly coordinated and
UltegratPd at the state, regionaJ, subregional and local levels. Regional,
subregion<!l and local pti1Il1ting will bE: most ~ffective it the state first
coordir.ates its oversight so as to provide dear and consistent planning
related goa.ls and programs. A primary focus should be on reorgani.zation
(;f responsibilities for effidenry and on consolidation and streamltning at all
levels. The process for achieVing ihis integrntion should be d~rived with
input from aille .... ets of government.
2. Govemance is handled best at the closest level to the go\remed. Thus the
planning prOf.-essshould be structured so tha t loca I issues are handled locaDy
in General Plans, subregionaJ issues are ha.."1dled at a county or other
subreg~onalle;..-el a..d regional issues only are handled at the regional :evel.
:\Ilore~\'er, gr-eater ~ffidency and effectiveness in the planning process is
desired; not a new layer on top of existing ag~ncie5
LOCAL. SUBREGIONAL AND REGIONAL RESPONSIBILITIES
3, Local jurisdictions should be responsible for ongoing coordinatlon of local
pLans with state, regional and subregional growth management strategies
They should retain full land use nogulatory powers.
4 There are planning issues that trans(E-nd stngle cities and require coord!·
nated. subregional plan.."""ting. Subr€'gional planning bodies should be e~tab
hshed followU",g the desires of each subregion. Initially, the C.:Junfy level
would be asswned to be thf arprop:i.ate geographical area; however,
nothing should predude two or more counties fro m forming such a p lanning
endty. The County Board of Supervisors and City Counciis would identify
either an existing bod y Or a new or.e to providf' subregional planning and
review functions.
5. Portir":ln5 of two or man" counties having common Enterestc; ~uch as
("cmmute patterns or enviIonn1t'r.taI, :)pen space and/or economk i.o;.suO!:s
~hall be encouraged to (oml a subregional planning body.
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The Association of Bay Area Governments
Pla:torm on Growth Management -----
6. Once established, subregional p:annIng bodies should develop a subr~
gional strategy to address the foU()wing issues:
• subregional developmenl form: ~ dev~Iopment strategy
• T\2!IturaJ resource protection/mar.agernent
subregionat mobility
• subregional jobs-housing balance
housing supply and affordabWty
• coordinated pla."U'ting among cities and with adjacen~ counties
Other functions of the subregional planning bodies could irn:lude:
brokering of Jocal housing needs alloca Hons for jurisdidi oru wish
ing to "share" housEng devetopmr-nt responsibilities
• negotiation of a revenue sharing ptan
Congestion Management Planning functior.s
• Local Agt'ncy FormationComrnission functions.
7. Tnere are planning issues ofreg10nal Lrnportance t.l-ta:t affect the ...... ·hole of the
Bay Area, Some of these issues are:
• regional pattern of development
regiona I mobility
• adequate houslng supply and affordability
• coordination Gfjobs.md housing development
regional open space and agriculturall.and preservatiGn
social and economic ""it.a:lity and equal opporh.:...-uly
• mordirulion of infrastr,J(ture and majo!" facility pi.ZJU'll'1.g and sUing
with expected timing of development.
Regional goals and po/ides should be structured upon plans of cities,
counties and subregions and seek to reconaJe and coordir.ate p!ann.i..-,g
issues that transcend Single dties and counties, A regiofldl planning body
should novlew and adviSE local and ~ubrM:ional agencies on their <:nnsi.s
tency with regional n.eeds and stale rolic] Local and subregional bodie.s
should re·.iew their plans to assure cons •. =-ncy with developed regional
goals and policies
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The Association of Bay Area Governmen1s
Platform on Growth Management
CONSOLIDATION Of SINGLE-PURPOSE AGENCIES
8. Land use, transportatior. and air quality planning issues are inseparably
intf!r-related. A plan shaD be developed fa!' the proposed merger and
streamlining of t.he functions of the Association of Bay A."'ea Goverrunents
and the Metropolitan Transportation Commission. Priur to actudl merger,
the policies in this plan shall ensure that
• this successcr agency shall have no additional powers other
than those currently vested in L.~ exl--s.tL-'g agencies
activities shall be struc~ed so as to achieve cost-reductions
relative to the expenditure levels of e.-jstL"g agencies
• the efficiency of the plans, planning process anJ thE> organi.za hon are
increased
The plan for merger shall be submitted to ABAG's Ge:leral As...-.embly and
the Metropolitan Transport3~on Commission for a ratificatiDn vote, In the
futo....tre, it may be appropriate to (ort.."Clidate some or all of the functions of
other agencies.
9. Local elected (ity and (ounty representati\'f;'s will (Onstitute the governing
board of the merged rpgi.onaJ body and bE appotnted by each Sl,;.bregionat
p Janning body.
10. A public advisory board to the regional bod y wiU be established and attempt
to reflect the gender, ethnic and economic di,:ersity of the region. In
addition.. a technical ad ..... i.s.ory committee to the regi.onal body will be
established comprised of technical personnel from the staff of the agendes
in the Sll bregion.
CONFLICT RESOLUTION
11. Conflict tl2"SO lution mechanisms .. re nee dea during plan fann uJa tion and to
negomte compromise when furtsdicbons disagree about such issues as
appropriate mitigation farproje(t impacts, facility s iting, etc. The resolution
process should stressearlynegQ tiahon {confuctavoidance). Conflicts should
be Tf>Solved at the lowest level pOSSible. first among disputing agencies,
second by a subregional body and finaUy by the regional planning body.
The Association of Bay Area Governments
Platform on Growth Management
FISCAL REFORM
12. Finartcial and other we-nti .. 'es axe preferred as a means of ac..~ievingcompli.
ance with state, regional, and subregioru:1 goals.
13. State ...... ide fiscal reform is needed to offset revenue-d.!iven development
poli~. rn addition,. thl> state should establish stable state, regional, sub:,e
gio~ and local funding sources for growth r.tanagement and planning
function.c;.
14. Existing law aUows revenue sharing, SubregiOns D'\.3;y coru.idee a revenue
sharing plan to reduce the incentive far fiscal land u..c:.e planning a~ the
expense of ol.'I,.er needs
HOUSING
15. The hOUSing needs determination process should be restructured to better
integrate overall regional and subregiON! growth ma..oagemen: strategies.
In addition, the housing element review process ~houJd pay greater al!en
lion to perfonrt.aJ1ce and less to process. The state ~hould delegate houstng
element review and certification to the regional planning body. if the
governing board of the regional pl:m..wg body ele-cts to take on 5u('-h
responsibility _
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A'rl'ACHMENT E
This is a copy of the wordillg of the actual MTC Regional Governance PotiC),;
as adopted b:./ tile }'fTC Commission at thei,-October 27, 1992 meeting. This
adopted polig; reflects .some slighr rewordin8 as compared to the proposed polie)'
which was originally created by the Executive Committe-e on Oct-:;ber E-9) 1992.
MTC Regional Governance Policy
The MerropoHtan Transponation Commission (MTC) intends to actively
support and influence improvements in the coordination and results of
regional, subregional, and local level decisioru; affecting land use and
transportation as one or its principal strategies for effecting its four regional
transportation system goals: mobility. equity, sensitivity to the environment,
and economic vitality. To this end, me intends to reinforce and strengthen
its partnerships \\lth (Qunty congestion management agencies (CMAs) and to
seek 10 expand these relationships to include a positive, pro-active impact on
land use/transportation decision-making,
In addition to its potential impact on land U~ decisioilS, strengthemng *'ese
key partnerships will serve to retnforce and sustain the structure of the
Ir.termodal Surface Traru;portation Efficiency Act of 1991 (ISTEA), and to
involve the CMAs in confronting the financial constraints now faced by
transportation providers.
In this context, 1-.-ITC has considered the Association of Bay Area
Governments (ABAG) proposal 10 merge ABAG and MTC MTC's respome
is as follows:
MTC opposes the me-rger of ABAG and r-vrrC at this time.
MTC invite> ,..BAG to participal< fully in the proposed MTC -CMA
partnership to develop subregional and regional transportation/land
use plans.
~c imends:o reevaluate regional governance structure in the context
of the approved suhregional, regional and state trclnsponation/land use
plans and actions.
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