HomeMy WebLinkAboutMINUTES - 06031986 - 2.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 3, 1986 , by the following vote:
AYES:
'NOES:
(See Below)
ABSENT:
ABSTAIN:
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SUBJECT: Proposed Ordinance Amending the Contra Costa County
Ordinance Code to Reorganize Area Planning Commissions
and Establish the East County Regional Planning Commission
The Board on April 29 , 1986 , instructed the Director of
Community Development to report to the Board on the establishment of
regional planning commissions as a part of the planning agency. The
Board also requested County Counsel to prepare a proposed ordinance
which would establish and define regional planning commissions, spe-
cifically establishing an East County Regional Planning Commission,
and redefining the San Ramon Valley Area Planning Commission as a
regional commission.
V. Westman, County Counsel, in a report to the Board dated
May 20, 1986 , transmitted the proposed ordinance and referenced cer-
tain sections relative to the delegation of authority to the area
planning commissions and the County Planning Commission.
H. Bragdon, Director of the Community Development
Department, also submitted a report dated May 28 , 1986 , commenting on
the ordinance and responding to several concerns expressed by the
Board relative to the transition of the hearing process from the
county commission to a regional commission, the inclusion of a
"sunset" clause establishing a two-year period at the end of which
the ordinance would be repealed barring further Board action, the
operations and maintenance costs for the County Planning Commission
and the East County Regional Planning Commission, and the method of
appointment of the commissioners.
Supervisors Powers and McPeak expressed a preference to
amend Section 26-2.1504(4) of the Ordinance to provide that all
applications, proposals or matters involving transportation, waste
sites, detention, hospital, reservoir or fire facilities, or other
areas of countywide interest and significance are assigned to the
jurisdiction of the County Planning Commission to hear, consider,
decide or make recommendations on it with the understanding that the
Board would retain discretion to refer such a matter to a regional
commission if it so determined.
Therefore, IT IS BY THE BOARD ORDERED that the Ordinance
as amended is INTRODUCED, reading waived, and June 10 , 1986 fixed as
the time for adoption.
Passed by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson,
Powers
NOES: None
ABSENT: None
The Board then discussed the procedure for appointment of
nominees to the regional planning commissions as discussed in the
report of the Community Development Director. The Board considered
the feasibility of having the Internal Operations Committee review
the applications of nominees to the regional commissions.
1
Supervisor Schroder expressed opposition to the Internal
Operations Committee having a role in the screening of applications
of candidates for appointment consideration but preferred the
current procedure which allows the supervisor(s) in the region to
screen and recommend nominees for appointment.
There being no further discussion, IT IS BY THE BOARD
ORDERED that in the case of the regional commission the Internal
Operations Committee shall upon recommendation of the Supervisor(s)
involved in the specific region, interview the prospective can-
didates and make its recommendation to the Board for appointment.
Passed by the Board by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson, Powers
NOES: Supervisor Schroder
ABSENT: None
IT IS FURTHER ORDERED that the Supervisor(s) involved in
the specific region is (are) GRANTED veto power over individual
nominees for consideration of appointment to regional commissions
because of unique knowledge of local concern a Supervisor might be
aware of relative to the candidate.
Passed by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson
NOES: Supervisor McPeak, Powers
ABSENT: None
IT IS FURTHER ORDERED that the Clerk is REQUESTED to
agenda the report of Supervisor Torlakson dated May 6, 1986 on
remaining issues relative to the formation of the East County
Regional Planning Commission and the adoption of the above
referenced ordinance for consideration as a determination item on
the agenda of June 10 , 1986 .
Passed by the Board by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson,
Powers
NOES: None
ABSENT: None
hereby certify that tH,s Is at rue and c:arrect copy of
an action taken and entered on the minutes of tate
Board of Supervisors on the date shown.
ATTESTED: --- -6,
PI-3,L BAY'CHELOR, Clerk of the Board
of Supervisors and County Administrator
cc: Community Development Director
County Counsel By � � �y��-
County Administrator Deputy
2
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
To: Board of Supervisors Date: May 28, 1986
C,01-at& County
From: Harvey E. Bragdon, Acting
Director of Community Developme
Y 2 9 1986
Subject: Regional Planning Commissions
C1ffice of
� Count /k(J Y!inistrator
As directed by your Board on April 29, 1986, Community Development working with
County Counsel has prepared the following report regarding the establishment of
regional planning commissions as a part of the planning agency of Contra Costa
County.
County Counsel has prepared a draft ordinance which reorganizes Article 26-215 of
the County Ordinance Code, establishes and defines Regional Planning Commissions,
specifically establishes an East County Regional Planning Commission and redefines
the San Ramon Valley Area Planning Commission as a regional commission.
The essence of the draft ordinance establishes regional commissions as an integral
part of the County's planning agency, makes clear the County Planning Commission's
role relative to the regional commissions, defines your Board's role in identifying
county-wide issues, provides a two year "sunset" clause, and defines .how projects in
the East County area will be heard during the transition period between now and when
the commission is, in fact, established.
Vic Westman's draft ordinance and memo to this department are attached as a part of
this report.
Your Board expressed several other concerns relative to the formation of regional
planning commissions. They are addressed below.
Transition
Concern was expressed regarding the transition of the hearing process from the
County Commission to a regional commission. In Section III the draft ordinance
specifically states that with the establishment of the' East County Regional Planning
Commission the County Commission will retain jurisdiction over any pending
applications before it on the effective date of the ordinance. This provision would
also be applied to any other regional commission similarly established.
Sunset Clause
In order to formally review how the regional commission concept is working your
Board requested a "sunset" clause be included in the ordinance. Section IV of the
draft ordinance establishes a two year period at the end of which the ordinance
would be repealed barring further Board action. This is similar to the provisions
Board of Supervisors -2- May 28, 1986
Regional Planning Commissions
of the ordinance that established the San Ramon Valley Area Planning Commission and
the Orinda Area Planning Commission in 1977.
Cost
The cost of maintaining the current County Commission and the proposed East County
Regional Planning Commission has been developed based on certain assumptions. They
are:
A seven member County Planning Commission and a nine member regional
commission (based on the proposed East County Regional Planning Commission) .
Staff: Senior Planner
Junior Planner
Civil Engineer
Recording Secretary
Three hour meeting (recognizing that many Planning Commission meetings
exceed three hours in length) .
One hour travel time to meeting place, three meals and mileage.
Two regular meetings and one study session per month.
Using the above assumptions the current meeting cost of the County Commission is
approx.imately $723/meeting. The proposed nine member East County Regional
Commission meeting cost would be approximately $1,027/meeting. The annual meeting
cost for the County Planning Commission is approximately $30,000. The estimated
annual meeting cost for the proposed East County Regional Planning Commission is
$40,000. Other regional planning commissions would have a meeting cost structure
similar to that of the East County Planning Commission. Costs would vary with the
number of members appointed to each commission by your Board and meeting place fees.
Appointments
The County Planning Commission basically representing county-wide concerns would be
appointed as it has been in the past; one member from each supervisorial district
and two at-large members.
The appointments for the regional commissions would likely vary between areas being
tailored to local need and desire. The exact method of appointing the members would
have to be decided upon by your Board upon recommendation by the Supervisor(s)
involved in the specific region. All appointments would, of course, be made by your
Board.
In the case of the proposed East County Regional Planning Commission Supervisor
Torlakson has suggested a nine member commission consisting of a nominee from each
City in the region (3) with the remaining six members coming from the remaining
unincorporated area based on a geographic spread.
Board of Supervisors -3- May 28, 1986
Regional Planning Commissions
The members of the San Ramon Valley Regional Planning Commission could be appointed
with a direct nomination from the cities involved (2) and with five unincorporated
members leaving that a seven member commission.
In the case of the regional commission the I .O. Committee could, upon recommendation
by the Supervisor(s) involved in the specific region, interview the prospective
candidates and make its recommendation to your Board for appointments. You may wish
to consider allowing the Supervisor(s) from the region veto power over individual
nominees because of unique knowledge of local concern she/he is aware of relative to
the candidate.
Action
Should your Board wish to establish the regional planning commissions generally and
the San Ramon Valley Area Planning Commission and the East County Regional Planning
Commission specifically then you should introduce the ordinance and set June 10,
1986 for adoption.
HEB:plpAdmin
Regnlpc.klw
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COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
.11T
Date: May 20, 1986 MARTINEZ,_CALIFORNIA
To: Harvey Bragdon, Community Development Director
Attn: Karl Wandry
From: Victor J. Westman, County Counsel V
Re: Proposed East County Regional Planning Commission
In connection with our 5-15-86 meeting concerning the above-
noted subject, we have prepared the attached revised version of
the regional planning commission ordinance for your careful review
and any suggested further revisions. As you are aware this
proposed ordinance is scheduled to be considered by the Board of
Supervisors on 6-3-86 . Concerning the attached draft, we called the
following particular matters to your attention:
Draft Ordinance Text.
1 . Section 26-2 .1502 . This section of the draft would limit
the terms of all regional planning commissioners to two years .
2 . Section 26-2 . 1504 . This section indicates the division
of powers and duties between . the (County) Planning Commission and
the two regional planning commissions . Its first subsection (1)
provides that all matters presently heard by the Zoning Administrator
for the County Planning Commission will be also heard by the Zoning
Administrator for the territory of the regional planning commissions .
Subsection (2) (added in 1985) makes it clear that only the County
Planning Commission reviews proposed zoning amendments to the County
Ordinance Code .
Subsection (3) provides that all general plan amendments
will be considered by the County Planning Commission unless the
Board directs "exclusive" regional planning commission consideration
and recommendation on a proposal of local interest.
Subsection (4) provides that where the Board of Supervisors
determines and orders thata particular application or proposal is
of County-wide interest and significanceit shall be heard bW the
planning commission. Unless the Board expressly identifies such a
matter of County-wide significance, it will be heard by the
involved regional planning commission as a matter of local interest.
In other words, it will be necessary to have specific board orders
identifying applications or proposals of County-wide significance
to be heard only by the (County) planning commission. Subsection ( 4)
r
Harvey Bragdon, Community Dev. Director May 20, 1986
Attn: Karl Wandry
could be reversed to provide that all such matters will be heard
by the County planning commission unless expressly referred to
the involved regional commission . .
Should the Board of Supervisors adopt this subsection (4) in
its current proposed form, the Board should be asked to adopt an
order on or shortly before this ordinance becomes effective in-
dicating that all the current pending solid waste applications
(general plan, rezoning, agricultural preserve cancellation, and
LUP) are to be handled by (County) planning Commission .
LUP
Subsection (5) expressly provides all applications for waste
sites and airports shall be heard by the planning commission .
3 . §§26-2 . 105 & 26-2 .1506 . These two sections have not
been changed and remain as they are already stated in the County
Ordinance Code .
4 . §26-2 . 1508 . This new section is being proposed to make
it clear that where the Board of Supervisors has determined or
ordered that certain applications or matters are :to be considered
by the (County) planning commission it shall have exclusive
jurisdiction.
5 . §26-2 . 1510 . This section covers the San Ramon Valley
Regional Planning Commission and is essentially the same as is
currently provided in the County Ordinance Code .
6 . Section 26-2 .1512 . This section provides for the East
County Regional Planning Commission which is to have nine members .
(the San Ramon Valley Regional Planning Commission has seven members) .
Please. note that it is necessary to add a precise territorial
description of the area of the regional commission to this section .
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attach.
cc: Phil Batchelor, Co.Admin.
-2-
357 ORDINANCE 6- DRAFT
I ANCENO 8___--
(East County Regional Planning Commission )
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ORDAINS as follows
(omitting the parenthetical footnotes from the official text as
enacted or amended provisions of the County Ordinance Code ) :
SECTION I . SUMMARY. This ordina ce amends the Contra Costa
___ _— Yeo�,.i�2 ar?a 0toAw/" C0^4MIe5/eN5 40 MV
County Ordinance Code testabli§h the East County Regional
Planning Commission .
SECTION Il . Article 26-2 . 15 of the County Ordinance Code is
repealed , amended and re-enacted to reorganize area planning com-
missions and establish the East County Regional Planning
' Commission , to read:
ARTICLE 26_2 . 15 Regional Planning Commissions
26-2 . 1502 ComPosition�_aegointment and terms . Each regional
planning commission established pursuant to this article shall
consist of regional area resident members appointed by the board
of supervisors for terms of two years , and subject to removal by
the board at its pleasure .
(Ords . 86- , 79-12751 , 77-6253 : See Gov .C. SS65101 & 65902 . )
26-2 . 1504 Power and duties . Each regional planning com-
mission in its territory has all functions, powers , and duties
assigned or delegated to the planning commission in this chapter
and Title 9 of this code , except the following functions , powers ,
and duties which remain with the planning commission or zoning
administrator :
(1) All applications and requests specified in Section
26-2 . 1204 shall continue to be heard and decided by the zoning
administrator .
DRAFT
( 2) All recommendations concerning proposed amendments to
this code , required by law or requested by the board , shall be
/ made by the planning commission unless the board directs area
/ planning commission recommendations$
( 3) All initiation , consideration and recommendations
concerning general plan amendments , required by law or requested
by the board ; shall be made by the planning commission unless the
board directs exclusive regional planning commission consideration
and recommendation on a proposal of local interest .
(4) When the Board determines that an application , propo-
sal or matter involving transportation , waste sites , detention ,
hospital , reservoir or fire facilities , or other areas) is of
county-wide interest and significance , the planning commission
shall have exclusive jurisdiction to hear , consider , decide or
make recommendations on it .
( 5 ) All applications and matters covered by chapter
418-4 and division 86 of this code shall continue to be heard and
decided by the planning commission .
(Ords . 86-__, 85-14 S2 , 78-27 , 7-62 S3 . )
26-2 . 1505 Area commission_g neral_plan changes . When the '
board refers any proposed general plan change or addition con-
cerning a regional planning commission' s territory to that com-
mission for review and comment , it shall provide the board with
Its written comment on the proposed change or addition .
(Ords . 86- , 85-1453 , 78-27, 77-6253) .
26-2. 1506 AkEeals. All appeals from decisions of regional
planning commissions shall be heard and decided by the board of
supervisors .
(Ords . 86- , 77-6253. )
DRAFr
26-2 . 1508 Planning Commission Review` Whenever the board
determines or orders that application (s ) or matter (s ) otherwise
involving functions , powers or duties assigned or delegated to a
regional planning commission be done - and completed by the planning
commission , the planning commission shall have exclusive jurisdic-
tion to perform and complete those functions , powers or duties for
the purposes of this chapter and title 9 of this code .
(Ord . 86- . )
j 26-2 . 1510 San Ramon Valley area_ The San Ramon Valley
regional planning' commission is established and shall have sxW
seven members and as its territorial area of jurisdiction all of
the unincorporated territory covered by the San Ramon Valley
General Plan adopted by the board on May 24 , 1977 , by Resolution
No. 77/436 , and future amendments thereto .
(Ords . 86 77 77-62 §3 . )
26-2 . 1512 East_couniy_regional commission. The East County
Regional Planning Commission is established and shall have
nine members and as its territorial area of jurisdiction all of
the unincorporated territory located
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(Ord . 86- . )
SECTION III . Notwithstanding any other provision of this
Ordinance , the planning commission still retain exclusive juris-
diction in the territory of the East County Regional Commission to
hear , consider and decide any applications or proposals pending
before it on the effective date of this Ordinance .
SECTION IV. Section 26-2. 1512 of the Code as adopted by this
Ordinance shall be repealed and of no further force and effect
V beginning on � —, 1988 unless this Board otherwise
provides before then .
DRAFT
SECTION V. EFFECTIVE DATE . This ordinance becomes effective
thirty days after the passage , and within fifteen days of passage ,
shall be published once with the names of the supervisors voting
for and against it in the �, a newspaper
published in this County.
PASSED on ------- +- by the following vote:
AYES :
NOES :
ABSENT:
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: .__...-_._._._._._ -- -------------
Deputy Clerk Board Chair
[SEAL]
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( 3-25-86)'
(4-19-86 )
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