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Home My WebLink AboutMINUTES - 10072003 - D3 TO: BOARD OF SUPERVISORS ' Contra FROM: DENNIS M. BARRY, AICP ^` Costa COMMUNITY DEVELOPMENT DIRECTOR �,:, .K_. : ` County DATE: OCTOBER 7, 2003 SUBJECT: REPORT ON NEXT STEPS FOR THE BOARD OF SUPERVISORS INITIATED URBAN LIMIT LINE VOTER INITIATIVE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT report, on next steps for the Board of Supervisors initiated Urban Limit Line Voter Initiative, and, as necessary, provide staff with direction. FISCAL IMPACT None. CONTINUED ON ATTACHMENT-: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEIE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 72003- APPROVED AS RECOMMENDED X OTHER IL ACCEPTED the report from the Community Development Director on next steps for the Board of Supervisors-initiated Urban Limit Line Voter Initiative, DIRECTED the Community Development Department staff to return to the Board of Supervisors on October 14, 2003 with revised schedule of the Board meetings regarding the Urban Limit Line. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT Nom.3 CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: —ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Roche,CDD AP,(Ph#335-1242) ATTESTED October 7, 2003 cc: CAO JOHN SWEETEN, CLERK OF THE BOARD OF Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel - 99 Cities )e-A. , l D. Blubaugh,SOF Proj.Mgr. f �� ; #� BY i x - t °_/ ,. �� ,DEPUTY litrpt' CT' ,W.,, cp to A it �+ cs� tri € vc 3 y CCS Ali Slit kl� ?r C$ + '- " CS, 4a > S, W X v a g: CD E N C� lxl a - ✓ "3 Cg _ 3 x x 5 =3 I x to �C w rra 0" g . SAMPLEDRAFT INVI TA TION LETTER October 7, 2003 The Honorable , City of Dear Mayor On behalf of the Board of Supervisors, I am inviting your jurisdiction's participation in one of a series of outreach meetings that the Board of Supervisors will be conducting during the month of October on the future of the County's Urban Limit Line. The purpose of these meetings is to receive input and comment from the general public and local officials on the current boundary of the Urban Limit Line and on the proposed Urban Limit Line Voter Initiative. The Urban Limit Line Voter Initiative is a Board initiated proposal that asks the voters if they support adding a new procedural requirement for the Urban Limit Line that would require voter ratification to expand the boundaries of the Urban Limit Line. The Board of Supervisor would like to receive input from local officials on this proposal before it is submitted to the County Registrar for the March 2, 2004 election. The following is the schedule for outreach meetings that will be held in each sub- region of the county: Date, Time, and Location East County West County South County Lamorinda .SAMPLE DRAFT INVrTA TION LETTER I look forward to an open and engaging discussion about the proposed Urban Limit Line Voter Initiative with local officials and the public. I hope that you will be able to join us at one these outreach meetings. Sincerely yours, Mark DeSaulnier, Chair Contra Costa County Board of Supervisors Attachment(1) Draft Ballot Language:Voter Approval for Expansion of the Urban Limit Line CC: Chair,Contra Costa Mayor's Conference Contra Costa PMA Don Blubaugh,Proj.Mgr.,Shaping Our Future V&s-cd\userWproche\October 7 sample draft invitation tetter on ull outreach meedngs.doe EXHIBIT "B" PRELIMINARY DRAFT FOR DISCUSSION PURPOSES 0M Y VOTER APPROVAL FOR EXPANSION OF THE URBAN LIMIT LINE Shall the People of the County of Contra Costa enact an ordinance amending the Land Use Element of the Contra County General Plan (1995-2010) and the 65/35 Land Preservation Plan Ordinance (Contra Costa County Ordinance Code, Chapter 82-1) to require voter approval by majority vote for an expansion of the Urban Limit Line of more than twenty five (25) acres? TEXT FOR PROPOSED ORDINANCE The People of the County of Contra Costa County hereby ordain as follows. Section 1. Title This ordinance shall be entitled the Voter Approval for Expansion of the Urban Limit Line. Section 2. Summary This Ordinance amends the Land Use Element of the Contra Costa County General Plan (1995-2010) and the 65/35 Contra Costa Land Preservation Ordinance to require that any expansion of the Urban Limit Line of more than twenty five (25) acres approved by the Board of Supervisors be ratified by a majority vote of the people at a countywide election before it becomes effective. EXHIBIT "B" PRELIMINARY DRAFT FOR DrSCUSSION PURPOSES 41VL Y Section 3. Statement of Purpose and Findings The voters approve this ordinance based on the following facts and considerations: A. In November 1990 the voters approved Measure C: the 65/35 Contra Costa County Land Preservation Plan Ordinance which established that urban development in Contra Costa County would be limited to no more than thirty-five (35)percent of the land in the County and at least sixty five (65) percent of all land in the County would be preserved for agriculture, open space, wetlands, parks, and other non-urban uses. Measure C-1990 also established an Urban Limit Line to ensure preservation of identified non-urban agricultural, open space, and other area by establishing a line beyond which no urban land use could be designated during the term of the General Plan, and to facilitate the enforcement of the 65/35 land preservation standard. At page 3-15, Land Use Element, Contra Costa County General Plan, and at Section 82-1.018, Chapter 82-1, there is described the procedure by which the Urban Limit Line may be changed, either by the Board of Supervisors or by voter referendum. To provide additional protection to the County's non-urban and open space areas, as well as the 65/35 land preservation standard, this ordinance would add the requirement that, until December 31, 2010, the voters of Contra Costa County must approve, by majority vote, any change by the Board of Supervisors to the Urban Limit Line that expands of the Urban Limit Line by more twenty five (25) acres, before that change can become effective. EXHIBIT "B» PRELIMINARYDRAFT FOR DI,SCUS,SIONPURPOSES 0M Section 4. (Implementation To implement this ordinance, page 3-15 of the Land Use Element of the Contra Costa County General Plan (1995-2010) and Section 82-1.018 of Chapter 82-1, 65/35 Land Preservation Plan Ordinance, Contra Costa County Ordinance Code are amended as follows: At page 3-15, Land Use Element, Contra Costa County General Plan (1995- 2010), under the subheading"CHANGES TO THE URBAN LIMIT LINE" the following sentence is added: "If the Board of Supervisors approves an expansion of the Urban Limit Line of more than twenty f ve (25) acres, this change to the urban Limit Line will be subject to voter approval by a majority vote before the change will become effective, unless, by a 4/5 vote of the Board of Supervisors after a public hearing, one of the following findings is made, based on substantial evidence in the record: (i) that the expansion of the Urban Limit Line is necessary to avoid an unconstitutional taking of private property; or, (ii) the expansion o,f'the Urban Limit Line is necessary to comply with state or federal law. „ To be consistent with the amended text in the General Plan, Section 82- 1.018, Changes to the Urban Limit Line, of Chapter 82-1, 65/35 Land Preservation Plan, Contra Costa County Ordinance Code is amended by adding the following subsection (c): "82-1.018 (c) If the Board of Supervisors approves an expansion to the Urban Limit Line that of more than twenty five (25) acres, this change to the Urban Limit Line will be subject 3 101112003 EXHIBIT "B" PRELIMINARY DRAFT FOR DISCUSSION PURPOSE5 ONLY to voter approval by a majority vote before the change will become effective, unless by 415 vote of the Board of Supervisors after a public hearing, makes one of the fallowing findings is made, based on substantial evidence in the record. (i) that the expansion of the Urban Limit Line is necessary to avoid an unconstitutional taking of private property; or (ii) the expansion of the Urban Limit Line is necessary to comply with state or,federal law. „ Section 5. Effective Date This ordinance shall become effective immediately upon approval by the voters. Upon the effective date, the provisions of Section 4. A) of this ordinance are inserted into the Contra Costa County General Plan (1995- 2010), as one of the four consolidated general plan amendments for calendar year 2004 allowed under state law and the provisions of Section 43) of this ordinance are added to the Contra Costa County Ordinance Code as Section 82-1.018 (c }. Section 6. Severability If any portion of this ordinance is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this ordinance shall remain in full, force, and effect. Each section, subsection, sentence, phrase, part or portion of this ordinance would have been adopted and passed regardless of whether any one or more section, subsections, sentences, phrases, parts or portions was declared invalid or unconstitutional. EXHIBIT "B" PRELIMINARY DRAFT FOR DISCUSSION PURPOSES OAX Y Section 7. Amendment or Repeal Except as otherwise provided herein, this measure may be amended or repealed only by the voters of Contra Costa County at a countywide election. 5 I01t12003