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HomeMy WebLinkAboutMINUTES - 04142015 - C.31RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Memorandum of Understanding (MOU) with the Association of Bay Area Governments (ABAG), the cities of Alameda, Albany, Berkeley, El Cerrito, Emeryville, Hayward, Hercules, Oakland, Pinole, Richmond, San Leandro, San Pablo, and Union City, and Alameda County, to allow Contra Costa County's participation in the East Bay Corridors Initiative. FISCAL IMPACT: There are no direct financial obligations associated with entering into the MOU. However, the MOU does commit County resources through assignment of a County representative to the Initiative's Steering Committee. Existing Department of Conservation and Development staff would fulfill that role and this staff work will be covered within the existing Department budget. BACKGROUND: Plan Bay Area is the San Francisco Bay Area’s integrated land use and transportation plan developed in response to California Senate Bill 375 (The California Sustainable Communities and Climate Protection Act of 2008), which requires each of the state's 18 metropolitan areas to develop a Sustainable Communities Strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions from cars and light trucks. The Plan, adopted jointly by ABAG and the Metropolitan Transportation Commission in 2013, includes the region's SCS and the 2040 Regional Transportation Plan. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/14/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Will Nelson (925)674-7791 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 14, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 31 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:April 14, 2015 Contra Costa County Subject:East Bay Corridor Initiative Memorandum of Understanding BACKGROUND: (CONT'D) SB 375 requires that the SCS promote compact, mixed-use commercial and residential development. To meet the goals of SB 375, a greater proportion of future development is planned in Priority Development Areas (PDAs) that have been identified throughout the Bay Area. PDAs are intended to be walkable and bikable, and close to or inclusive of public transit, jobs, schools, shopping, parks, recreation, and other amenities. The Bay Area's population is projected to grow from 7 million to 9 million people by 2040 and the Plan provides a strategy for meeting 80 percent of the future housing needs in the PDAs. ABAG seeks to implement the East Bay Corridors Initiative in order to support development of certain East Bay PDAs through a regional, collaborative approach to planning and investment along two major transit corridors: the San Pablo Corridor and the Oakland-Union City Corridor (see Exhibit 2). Two portions of the San Pablo Avenue Corridor, the Montalvin neighborhood and the community of Rodeo, are within unincorporated Contra Costa County, the latter being a designated PDA. ABAG has requested that Contra Costa County, along with 13 East Bay cities and Alameda County, enter into a MOU to define and formalize the working relationship among those agencies whose geographical boundaries include a portion of the East Bay Corridors. The full text of the MOU (Exhibit 1) provides an explanation of the purpose, proposed activities, responsibilities, and structure and governance of the Initiative. In summary, under the MOU the County will assign a representative to a yet-to-be-created Steering Committee composed of one representative from each participating jurisdiction. The Steering Committee will coordinate activities undertaken pursuant to the MOU, such as formulating and reviewing strategies for developing the Corridor PDAs and identifying and developing funding sources to implement the agreed-upon strategies. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors votes against entering into the MOU, then the County will not be a formal participant in the East Bay Corridors Initiative. The County would maintain direct land use control over the unincorporated areas of Montalvin and Rodeo, but would not be a direct participant in the collaborative, regional planning effort aimed at developing the Corridor PDAs. The County could miss out on funding opportunities that may be more readily available to participants in the Initiative. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Exhibit 1 - East Bay Corridor MOU Exhibit 2 - East Bay Corridors Map MEMORANDUM OF UNDERSTANDING - EAST BAY CORRIDORS INITIATIVE - This Memorandum of Understanding (“MOU”) is entered into by and between the following participating entities (Participant; collectively, Participants): Association of Bay Area Governments (ABAG) City of Alameda (Alameda) City of Albany (Albany) City of Berkeley (Berkeley) City of El Cerrito (El Cerrito) City of Emeryville (Emeryville) City of Hayward (Hayward) City of Hercules (Hercules) City of Oakland (Oakland) City of Pinole (Pinole) City of Richmond (Richmond) City of San Leandro (San Leandro) City of San Pablo (San Pablo) City of Union City (Union City) County of Alameda (Alameda County) County of Contra Costa (Contra Costa) A. Purpose. The activities undertaken under this MOU will constitute the East Bay Corridor Initiative (Initiative). The purpose of this MOU is to define and formalize the working relationship among regional and local agencies whose geographical boundaries include a portion or all of the East Bay Corridors, as further described below. This MOU defines the shared goals and objectives of these local and regional agencies working collaboratively to enhance livability, mobility and economic prosperity within the Corridors, and establishes the necessary administrative and governance structure to promote a cooperative relationship and for ensuring success of the Initiative. B. Background. Plan Bay Area is an integrated land use and transportation strategy to accommodate the region’s projected population, housing and job growth between 2010 and 2040 which, if implemented, would achieve State targets for reductions in greenhouse gas emissions. Plan Bay Area is based primarily on the Priority Development Areas (PDAs) in the nine county San Francisco Bay Region, including those in the East Bay Corridor (Corridor PDAs). ABAG and the Metropolitan Transportation Commission (MTC) adopted Plan Bay Area in 2013. The strategy for implementation of Plan Bay Area includes investment of existing and anticipated resources in PDAs. Reflecting strong transit access and a local commitment to planning and investment, Plan Bay Area projects that Corridor PDAs will grow at a faster rate than the region as a whole. Many of the investments included in Plan Bay Area connect and/or serve the cities and counties within the Corridor (Corridor Jurisdictions). Memorandum of Understanding – East Bay Corridor Initiative Page 2 Compared to the region as a whole, residents of Corridor PDAs have lower household incomes; suffer more from poor air quality and other adverse environmental impacts; are at a higher risk during natural disasters; and are subject to displacement risk from rising housing costs. Many Corridor PDAs face obstacles to realizing the development envisioned in adopted plans. These range from limited local resources to build infrastructure and public spaces to a lack of funding for affordable housing and difficulties attracting private investment. At the same time, the Corridor PDAs are located in close proximity to jobs and institutions of higher education. Further, numerous economic clusters appear to be growing in, or near the Corridor PDAs. Given this opportunity, the potential positive impact of a complementary approach to planning and investment is substantial, and can potentially provide a model for other Bay Area sub-regions with similar challenges. Between 2000 and 2014, Alameda, Albany, Berkeley, El Cerrito, Emeryville, Hayward, Hercules, Oakland, Pinole, Richmond, San Leandro, San Pablo, Union City, Alameda County and Contra Costa (Corridor Jurisdictions) have adopted 25 land use plans for Priority Development Areas (PDAs), a locally-driven land use planning program of ABAG for sustainable development. All of these PDAs are located within the geography of East Bay Corridor (see Attachment 1). In September 2013, the East Bay Corridors Initiative was presented to ABAG’s Executive Board as a top implementation strategy for realizing Plan Bay Area. Between September and November 2013, staff from Participants, ABAG, and other public agencies met to identify obstacles to achieving the level and quality of growth planned for PDAs in these jurisdictions. To develop strategies, the group divided the East Bay Corridor into two segments: the Oakland-Union City Corridor and the San Pablo Corridor (see Attachment 1). The Oakland-Union City Corridor includes Oakland, San Leandro, Hayward, and Union City, as well as the Alameda County. The San Pablo Corridor includes Oakland, Emeryville, Berkeley, Albany, El Cerrito, Richmond, San Pablo, Pinole, Hercules and Contra Costa. During 2014, staff from Participant jurisdictions, ABAG and other public agencies held workshops to identify a preliminary set of inter-jurisdictional strategies for implementing local PDAs and regional planning objectives for each segment of the corridor. In 2015, Participants, ABAG and other public agencies will engage in working groups to solidify these strategies. This will set the stage for engagement with city leadership, development of partnerships with the non- profit and business communities, and obtaining funding to carry out the strategies. C. Proposed Activities. The Participants will undertake the following activities. 1. Continue to coordinate with Planning and Community Development Directors the development of multi-jurisdictional strategies to create a network of thriving neighborhoods and downtowns in Corridor PDAs. This coordination can include all Participants or subgroups, including but not limited to the subgroups that comprise the Oakland-Union City Corridor and the San Pablo Corridor. 2. Identify and develop funding sources to implement agreed upon strategies. 3. Endorse joint applications by Participants for grants and other funding that support agreed upon multi-jurisdictional strategies. Memorandum of Understanding – East Bay Corridor Initiative Page 3 D. Responsibilities. Each Participant will have the following responsibilities: 1. Each Participant will assign a representative to the Steering Committee. 2. Each Participant will participate in the development and/or review of relevant multi- jurisdiction strategies. 3. ABAG will coordinate the East Bay Corridors Initiative. This will not limit or supersede any other activities undertaken collaboratively by Participants. E. Structure and Governance. For ease of formation and administration and to maintain flexibility, the East Bay Corridor Initiative is structured as an association of local and regional public entities. The Participants agree that this MOU is independent of any other contract(s) or agreement(s) between or among the Participants, or the contract(s) or agreement(s) between or among any Corridor Jurisdiction that are promulgated to implement a grant or local PDA plan. A Steering Committee made up of one representative from each Participant will coordinate activities undertaken pursuant to this MOU. Every Participant will appoint as its representative(s) to the Steering committee or any subcommittee, a staff person with expertise and experience land use planning and development, presumably the local Planning Director. The Steering Committee may establish subcommittees to undertake activities that advance the East Bay Corridor Initiative that affect less than all Participants. Through a unanimous vote of all Steering Committee representatives, the Steering Committee may establish rules related to decision-making for the entire Steering Committee or Subcommittees, including but not limited to voting and participation. Every Participant also has the right, but not the obligation, to appoint an alternate to the Steering Committee or subcommittee. The alternate may attend any meeting of the Steering Committee or subcommittee. However, the alternate is not included in the quorum count, is not entitled to vote and may not participate in the deliberations of the Steering Committee or subcommittee, except in the absence of the representative for whom he/she is an alternate. F. Participant Resources. The Participants acknowledge that the East Bay Corridor Initiative is likely to require some investment of resource for it to be effective. Each Participant will assign staff, at no cost, to act as its representative to the Steering Committee and any relevant subcommittee. G. Other Matters. Each Participant shall indemnify and hold harmless the other Participants from the indemnifying Participant’s share of liability, as determined by a court of law, for any and all claims, costs and liability for any damage caused by the negligence or willful misconduct of the indemnifying Participant and its officers, employees or agents in the indemnifying Participant’s performance under this MOU. The obligations of the indemnifying Participant under this section shall not apply to any claim, cost or liability caused by the negligence or willful misconduct of any other Participant. Under no circumstances shall the indemnifying Participant be liable to any other Participant or any other person or entity for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to performance of the indemnifying Participant under this MOU. Memorandum of Understanding – East Bay Corridor Initiative Page 4 H. Withdrawal and Termination. This MOU will continue until terminated by majority vote of the Steering Committee, but Participants may withdraw from this MOU on 60 days’ notice to other Participants. New Participants may be added by majority vote of the current Participants. I. Amendments. This MOU may be amended by a written agreement executed by the Participant in the same manner as this MOU. J. Counterparts. This MOU may be executed in counterparts, each of which is an original and all of which constitute one and the same instrument. K. Effective Date. This MOU is effective upon the date a minimum of nine Participants have executed the MOU. IN WITNESS WHEREOF, the Participants have caused this Memorandum of Understanding to be effective with the approval of their authorized representatives on the dates indicated below. ________________ ________________ ________________ ________________ City of San Leandro City of Alameda City of Albany City of Berkeley ________________ ________________ ________________ ________________ City of El Cerrito City of Emeryville City of Hayward City of Hercules ________________ ________________ ________________ ________________ City of Oakland City of Pinole City of Richmond City of San Leandro ________________ ________________ ________________ ________________ City of Union City County of Alameda County of Contra Costa Association of Bay Area Governments !! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! San Leandro Hayward alameda county Union City Oakland Richmond Berkeley Albany Emeryville Alameda El Cerrito San Pablo Hercules Rodeo Pinole San Pablo Corridor Priority Development Areas Oakland-Union City Priority Development Areas BART Key Boulevards and Avenues Capitol Corridor ! East Bay Corridors Initiative The East Bay Corridors Initiative is a collaboration between cities, counties and re- gional agencies to create a network of thriving neighborhoods and downtowns in the inner East Bay. It focuses on Priority Development Areas, places planned by cities for reinvestment and new homes and jobs. The Initiative is a platform for prioritizing and funding housing, infrastructure, and community development projects that provide benefi ts across city boundaries while implementing local plans for Priority Develop- ment Areas. The Initiative is organized around two corridors. The Oakland-Union City Corridor in- cludes Priority Development Areas between International Boulevard in Oakland and Union City. The San Pablo Corridor includes Priority Development Areas between Oakland-Union City Corridor Jurisdictions • Oakland • San Leandro • Unincorporated Alameda County (Ashland/Cherryland) • Hayward • Union City Regional and County Partners • Alameda and County Public Health Department • Alameda and Contra Costa County Transportation Authorities • Alameda-Contra Costa Transit District (AC Transit) • Association of Bay Area Governments • Bay Area Air Quality Management District • Bay Area Rapid Transit (BART) • Contra Costa Health Services • Western Contra Costa County Transit Authority (WestCAT) Timeline 1995-Today • Corridor jurisdictions adopt plans for 26 Priority Development Areas 2013 • Plan Bay Area adopted, region’s fi rst integrated housing, jobs and transportation plan; growth and investment focused in the inner East Bay • ABAG Executive Board prioritizes implementation of local plans and regional goals in the East Bay Corridors 2014 • Workshops held to identify key challenges and opportunities related to realizing local PDA plans • Working groups create draft implementation priorities and catalyst projects Next Steps Q1 2015 • Solidify priorities and catalyst projects • Create partnerships and identify funders Q2 2015 • Pursue immediate funding opportunities such as Cap & Trade and federal grants Q3 2015- • Integrate corridor priorities into regional Land Use Strategy and Plan Bay Area update • Continue to pursue funding; initiate and complete projects Downtown Oakland and Hercules. Cities are currently working together to identify catalyst projects that build on the unique assets of corridor Prior- ity Development Areas to address common challenges and capitalize on shared opportunities. During 2015, the Initiative will solidify these projects, setting the stage for pursuing existing funding sources as state Cap and Trade, forming partnerships with the business and non-profi t communities, and developing new funding sources. San Pablo Corridor Jurisdictions • Oakland • Emeryville • Berkeley • Alameda • Albany • El Cerrito • Richmond • San Pablo • Pinole • Hercules • Unincorporated Contra Costa County Attachment 1