HomeMy WebLinkAboutMINUTES - 06092015 - C.48RECOMMENDATION(S):
RECEIVE the report from the Transportation, Water, and Infrastructure Committee, and ADOPT the following
legislative position: "SUPPORT" Senate Bill 313 (Galgiani) that would:
a ) require that a vote by a school district board to declare local zoning inapplicable be based on findings, and
b) require that such a vote only take place thirty days after notifying a city or county of the intent to take the
action based on the findings.
FISCAL IMPACT:
None.
BACKGROUND:
Consistent with our legislative platform, the Transportation, Water, and Infrastructure Committee (TWIC) and
County staff have been working for several years to address issues related to school siting practices and related state
policies.
The issue is addressed in our 2015 State Legislative Platform, as shown in the below excerpts:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/09/2015 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: John Cunningham (925)
674-7833
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: June 9, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Chad Godoy, Agricultural Commissioner, Lara Delaney, Senior Deputy County Administrator
C. 48
To:Board of Supervisors
From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:June 9, 2015
Contra
Costa
County
Subject:Transportation, Water and Infrastructure Cmte. Report and SUPPORT Recommendation on SB 313 (Galgiani) Local
govt, zoning ordinances, school districts
BACKGROUND: (CONT'D)
146 : SUPPORT efforts to improve safety throughout the transportation system. The County supports new and
expanded projects and programs to improve safety for bicyclists, pedestrians and wheelchair users, as well as
projects to improve safety on high-accident transportation facilities such as Vasco Road. Data on transportation
safety would be improved by including global positioning system (GPS) location data for every reported accident
to assist in safety analysis and planning. The County also supports the expansion of school safety improvement
programs such as crossing guards, revised school zone references in the vehicle code, Safe Routes to Schools
(SR2S) grants, efforts to improve the safety, expansion and security of freight transportation system including
public and private maritime ports, airports, rail yards, railroad lines, rail bridges and sidings. The County also
supports limits or elimination of public liability for installing traffic-calming devices on residential neighborhood
streets.
149 : SUPPORT efforts to coordinate development of state-funded or regulated facilities such as courts, schools,
jails, roads and state offices with local planning. The County supports preserving the authority of Public Works
over County roads by way of ensuring the Board of Supervisors’ control over County roads as established in the
Streets & Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any action by a
non-local entity that would ultimately dilute current Board of Supervisors discretion relative to road design and
land use.
The work of TWIC and staff include the following activities which have been reported to the Board of
Supervisors:
• Prepared and distributed communication to state staff and our legislative delegation regarding our
experience and concerns on the issue of school siting.
• Prepared a school siting issues white paper (Contra Costa School Siting and Safety Initiative) which is
now used as a resource for a number of state agencies and representatives.
• Met with state staff and our legislative delegation to discuss issues related to school siting.
• Monitored, commented, on and developed legislation to improve school siting practices and school safety
in general.
Recently, Senator Cathleen Galgiani introduced Senate Bill 313 (attached) that would:
1) Require a school district board to comply with specified Education Code provisions regarding the
acquisition of agricultural land relative to local zoning, and
2) Require that the vote of the board be taken at least 30 days after notifying, the city/county in writing of
its reasons for intending to take such action and based upon written findings on the record.
In summary, the bill clarifies existing requirements and expands notification requirements. Consistent with County
procedures related to positions on state and federal legislation, staff has:
1) consulted the state legislative platform and found it to be directly related to and supportive of the subject
legislation,
2) coordinated with Legislative Committee staff, Lara Delaney,
3) received approval from TWIC (5-4-15 TWIC Meeting) for the support position , and
4) developed two support letters (attached), which were submitted prior to hearings on the legislation and,
5) with this report have brought the letters and the SUPPORT recommendation to the Board of Supervisors.
CONSEQUENCE OF NEGATIVE ACTION:
By not taking the recommended actions the Board of Supervisors may need to reevaluate the attached letters
regarding Senate Bill 313 (and the positions communicated therein) and may forgo an opportunity to further its
legislative platform.
CHILDREN'S IMPACT STATEMENT:
The following outcome areas in the Children's Report Card are indirectly affected by the subject legislation: #14:
Children are Healthy and Ready for School, Physical Fitness and #24: Families and Communities are Safe.
ATTACHMENTS
Text of SB313
April & May 2015 SB 313 Support Letters
AMENDED IN SENATE MAY 12, 2015
AMENDED IN SENATE APRIL 29, 2015
AMENDED IN SENATE APRIL 6, 2015
SENATE BILL No. 313
Introduced by Senator Galgiani
February 23, 2015
An act to amend Section 53094 of the Government Code, relating to
local government.
legislative counsel’s digest
SB 313, as amended, Galgiani. Local government: zoning ordinances:
school districts.
Existing law authorizes the governing board of a school district, by
a 2⁄3 vote of its members, to render a city or county zoning ordinance
inapplicable to a proposed use of school district property, except when
the proposed use is for nonclassroom facilities.
This bill would additionally condition this authorization upon
compliance with a notice requirement regarding a schoolsite on
agricultural land, and would require the governing board to notify the
city or county, in writing, of the reason the governing board intends to
take that vote at least 30 days prior to the vote. The bill would also
require that vote to be based upon written findings that a zoning
ordinance fails to accommodate the need to renovate and expand an
existing public school or locate a new public school within the city or
county.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
96
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 53094 of the Government Code is
line 2 amended to read:
line 3 53094. (a) Notwithstanding any other provision of this article,
line 4 this article does not require a school district to comply with the
line 5 zoning ordinances of a county or city unless the zoning ordinance
line 6 makes provision for the location of public schools and unless the
line 7 city or county has adopted a general plan.
line 8 (b) Notwithstanding subdivision (a), the governing board of a
line 9 school district, that has complied with the requirements of Section
line 10 65352.2, Section 21151.2 of the Public Resources Code, and
line 11 Section 17215.5 of the Education Code, by a vote of two-thirds of
line 12 its members taken at least 30 days after the governing board has
line 13 notified the city or county, in writing, of the reason the governing
line 14 board intends to take action pursuant to this subdivision, and based
line 15 upon written findings that a zoning ordinance fails to accommodate
line 16 the need to renovate and expand an existing public school or locate
line 17 a new public school within the city or county, may render a city
line 18 or county general plan or zoning ordinance inapplicable to a
line 19 proposed use of property by the school district. The governing
line 20 board of the school district may not take this action when the
line 21 proposed use of the property by the school district is for
line 22 nonclassroom facilities, including, but not limited to, warehouses,
line 23 administrative buildings, and automotive storage and repair
line 24 buildings.
line 25 (c) The governing board of the school district shall, within 10
line 26 days of its vote, notify the city or county concerned of any action
line 27 taken pursuant to subdivision (b). If the governing board has taken
line 28 such an action, the city or county may commence an action in the
line 29 superior court of the county whose zoning ordinance is involved
line 30 or in which is situated the city whose zoning ordinance is involved,
line 31 seeking a review of the action of the governing board of the school
line 32 district to determine whether it was arbitrary and capricious
line 33 pursuant to Section 1094.5 of the Code of Civil Procedure. The
line 34 city or county shall cause a copy of the complaint to be served on
line 35 the board. If the court determines that the action was arbitrary and
line 36 capricious, it shall declare it to be of no force and effect, and the
96
— 2 —SB 313
line 1 zoning ordinance in question shall be applicable to the use of the
line 2 property by the school district.
O
96
SB 313— 3 —
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553
John Gioia, 181 District
Candace Andersen, znd District
Mary N. Piepho, 3'd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
May 27,2015
Senator Cathleen Galgiani
State Capitol, Room 2059
Sacramento, CA 95814
Contra
Costa
County
David Twa
Clerk ofthe Board
and
County Administrator
{925) 335-1900
Subject: SUPPORT-Senate Bill313: Local Government: Zoning Ordinances: School Districts
(Amended 5/12/15)
Dear Senator Galgiani:
On behalf of the Contra Costa County Board of Supervisors, I am writing to inform you of the County's
support for your bill, Senate Bill 313 as amended on May 12, 2015. SB 313 would bring much needed
improvement to the coordination between the school districts and local land use agencies in the development
of school sites.
The Board of Supervisors has observed that current school siting practices are often in direct conflict with a
wide range of local and state policies. Policies related to the preservation of agricultural land, safe routes to
school, complete streets, greenhouse gas reduction, health in all policies, etc. are often compromised by
current school siting practices. SB 313 helps to address this glaring inconsistency in state policy.
Again, we fully support SB 313 and appreciate your efforts to improve the quality oflife for all Californians.
Sincerely,
John M. Gioia, Chair
Contra Costa County Board of Supervisors
Supervisor, District I
C: Honorable Members of the Contra Costa County State Legislative Delegation
Honorable Members, Senate Education Committee
Honorable Robert M. Hertzberg, Chair -Senate Government and Financ e Committee
File: Transportation >Agencies >State > CDE
File : Transportation >Land Development> School Districts
g: \transportation\bos letter~memo\2015\may 2015 bos -support-sb313. docx
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553
John Gioia, 1st District
Candace Andersen, 2nd District
Mary N. Piepho, 3rd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
April 21, 2015
Senator Carol Liu, Chair
Senate Education Committee
State Capitol, Room 2083
Sacramento, CA 95814
Contra
Costa
County
David Twa
Clerk of the Board
and County
Administrator (925)
335‐1900
Subject: SUPPORT SB 313 Galgiani
Senate Education Committee – April 22, 2015
Dear Senator Liu:
On behalf of the Contra Costa County Board of Supervisors, I am writing to inform you of the County’s
support for Senate Bill 313 (Galgiani). Senate Bill 313 (hereafter SB 313) would bring much needed
improvement to the coordination between the school districts and local land use agencies in the
development of school sites.
As you are aware from our March 31, 2015 letter to you and Senator Block regarding the February 18,
2015 Joint Informational Hearing on the K-12 School Facility Program, we believe that current school
siting practices are in direct conflict with a wide range of local and state policies. Policies related to safe
routes to school, complete streets, greenhouse gas reduction, health in all policies, preservation of
agricultural land, etc. are all compromised by current school siting practices.
SB 313 helps to address this glaring inconsistency in state policy. We respectfully request your support
for the bill when it is heard in your committee on Wednesday, April 22, 2015.
Sincerely,
John M. Gioia, Chair
Contra Costa County Board of Supervisors
Supervisor, District I
C: Honorable Members of the Contra Costa County State Legislative Delegation
Honorable Members, Senate Education Committee
Honorable Cathleen Galgiani
File: Transportation > Agencies > State > CDE File: Transportation >Land Development >School Districts g:\transportation\bos g:\transportation\bos letter-memo\2015\4-21-15 signed - bos to sen liu resb 313.docx