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HomeMy WebLinkAboutMINUTES - 08111992 - X.1 TO: BOARD OF SUPERVISORS ? Contra l FROM: Phil Batchelor, County Administrator :fes :s Costa County. YY C\ tr DATE: August 11, 1992 SUBJECT: LEGISLATION: SB 1866 (JOHNSTON) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION . RECOMMENDATION: 1 . Declare that the need to act on this matter at this time came up after the agenda for the Board's meeting of August 11, 1992 was posted and that action, is needed -on an urgency basis because the bill is scheduled to be heard in the Assembly Ways & Means Committee on Wednesday, August 12, 1992, a fact of which staff was unaware until August 10, 1992. 2 . Adopt a position of SUPPORT for SB 1866 by Senator Patrick Johnston, which would enact the Delta Protection Act of 1992, create the Delta Protection Commission, and provide for the preparation and adoption of a Resource Management Plan for the Delta. In addition, SB 1866 would require that there be included in the plan a strategy for the implementation of a coordinated marine patrol system throughout the Delta which will improve law enforcement and coordinate the use of resources by all jurisdictions to ensure an adequate level of public safety. BACKGROUND: On April 7, 1992, Senator Patrick Johnston appeared before the Board of Supervisors to explain his Delta Protection Act legislation and to solicit the support of the Board of Supervisors . Several sets of amendments were sought by County staff and members of the Board of Supervisors . Staff was reluctant to recommend that the Board of Supervisors publicly support SB 1866 until all of these amendments were incorporated into SB 1866, including the amendments regarding the marine patrol . All of ffQthe /necessary CONTINUED ON ATTACHMENT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER J SIGNATURE(S): �'/� � ��_�/ ACTION OF BOARD ON August 11 , 1992 APPROVED AS RECOMMENDED ^ OTHER VOTE OF SUPERVISORS �\ I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator CC: Community Development Director ATTESTED Roberta Gou lart, CDD PHIL BATCHEL ,CLERK OF THE BOARD OF Les Spahnn, SRJ. Jackson, Barish & ASSOC$aFt�@NSSORSAND COUNTY ADMINISTRATOR 1 M382 �ioi„ks) BY- DEPUTY DEPUTY amendments have now been incorporated into SB 1866 . Staff from the Community Development Department recommend that the Board of Supervisors support SB 1866, as amended July 14, 1992 . Senator Johnston has specifically requested that the Contra Costa County Board of Supervisors indicate its support for SB 1866 . In view of the fact that the bill is scheduled for its last Committee hearing on August 12, 1992, before the Assembly Ways & Means Committee, the only way that the Board can indicate its support in a timely manner is to take this up as an emergency matter. As amended July 14, 1992, SB 1866 does all of the following: 1 . Adds a new division to the Public Resources Code, the Delta Protection Act of 1992 . 2 . Specifies the policy of the State for the Delta. 3 . Enacts findings and declarations regarding the basic goals of the State for the Delta. 4 . Provides definitions for such terms as "Delta" , "development" , "local agency" , "local government" , "Pacific Flyway" , "Port" , "primary zone" , "regional plan" , "secondary zone" and other relevant terms . 5 . Creates the Delta Protection Commission of 19 members and specifies who those members shall be and how they shall be chosen. Among these members there would be a county supervisor from each of the five named counties ( including Contra Costa) whose district is within the primary zone. 6 . Spells out the powers and duties of the Commission and provides that the Commission shall be abolished as of January 1, 2000 . 7 . Requires the Commission to prepare and adopt by July 1, 1994 , a Resource Management Plan for land uses within the primary zone of the Delta and provides for requirements which must be met by the Plan. 8 . Included in the requirements for the Resource Management Plan is the language regarding the coordinated marine patrol system throughout the Delta. (Page 16 of the bill, lines 24-35) . 9 . Requires all local governments to submit to the Commission proposed amendments to their General Plans which will cause their General Plans to be consistent with specified criteria with respect to land located within the primary zone. 10 . Provides for a process by which the Commission shall consider and approve General Plan amendments which have been submitted to it by local governments . 11 . Provides for administrative appeal and judicial review, financial provisions, an annual report and other related administrative details for the operation of the Commission. In view of the fact that it appears that SB 1866 now incorporates the concerns which have been expressed by the Board of Supervisors, individual members of the Board and staff, it is recommended that the Board of Supervisors adopt a position in support of SB 1866, as amended July 14, 1992, and direct the County Administrator to insure that this fact is transmitted to Senator Johnston and this County' s lobbyist in time for the Assembly Ways and Means Committee meeting on August 12, 1992 . -2-