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FROM: Supervisor Nancy Fanden
Costa
DATE: April 7 , 1987 County
RESOLUTION IN SUPPORT OF AB 2450 - PROVIDES
SUBJECT: CIVIL PENALTIES TO MCATEER-PETRIS ACT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQUEST:
That the Board of Supervisors support AB2450 to indicate to
the Legislature the solid, bipartisan support for the San
Francisco Bay Conservation and Development Commission' s
regulatory program protecting and improving San Francisco
Bay.
BACKGROUND:
On Saturday, April 4, 1987 I received a request from Alan R.
Pendleton, Executive Director, BCDC, to bring before the
Board for its consideration, a draft resolution supporting
AB 2450 . It' s expected that the Assembly Natural Resources
Committee will hear this bill on April 20, 1987 .
I am requesting that this matter be acted on as an emergency
resolution since the Board of Supervisors will not be
meeting on April 14, 1987 and our next scheduled meeting
will be after April 20th.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON April 7, 1987 APPROVED AS RECOMMENDED X- OTHER
The Board was advised of this matter after the agenda had been posted on April 3, 1987 and
unanimously acareed to adopt Resolution 87/200 supporting AB 2450 providing a regulatory
program protecting and improving San Francisco, Bay.
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT V ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED April_o7, 1_9 87
County Counsel Phil Baher,
_ .. -- --- -
Clerk of the Board of
Supervisors and County Administrator
M382/7-83 BY �' ' DEPUTY
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY VAN NESS AVENUE, SUITE 2011
SAN FRANCISCO, CA 94102-6080
PHONE: (415) 557-3686
April 1, 1987
The Honorable Nancy Fanden
Supervisor, County of Contra Costa
County Administration Building
651 Pine Street
Martinez, California 94553
Dear Su v s0jtn�Attach d isft of a proposed resolution supporting AB 2450. I
believe that support for the bill from local governments around the Bay will
indicate to the Legislature the solid, bipartisan support for the Commission's
regulatory program protecting and improving San Francisco Bay.
As you know, the bill would provide civil penalties to McAteer-Petris
Act as a means of deterring unauthorized filling and work in and around the
Bay. The bill would also delete a provision in this law that allows a
developer to apply directly for a Commission permit if a local government does
not approve a project within 90 days of the submittal of a local government
permit application. We believe that Commission consideration of a project
should occur only after the local government, which has both broader and more
specific planning responsibilities, has had an opportunity to review and
approve the project. A copy of the bill is also attached for your information.
We would greatly appreciate your bringing such a resolution to your
Board for its consideration, and if adopted, transmitting it to the
Legislature as soon as possible. We expect the Assembly Natural Resources
Committee to hear the bill on April 20, 1987. Thank you very much for your
assistance and support. If you have any questions, please call Steve McAdam,
the staff member who is direclty working on this legislation.
Very truly yours,
ALA PENDLETON
Executive Director
ARP/sm
Enclosures
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Supporting)
Assembly Bill 2450 ) Resolution No. 87/ 200
WHEREAS, under existing law a violation of the
provisions of the McAteer-Petris Act, the BCDC law, or a
permit issued thereunder may lead to criminal misdemeanor
prosecution, which has not proven to be a sufficient
deterrent to violations, is too drastic for many of the
relatively minor infractions, and places the cost of
enforcement unfairly upon local government; and
WHEREAS, approximately 60 percent of major permits BCDC
has issued since 1965 involve violations, an unnecessarily
large number, requiring considerable expenditures of public
funds for enforcement; and
WHEREAS, it is in the public interest to ensure maximum
compliance with the McAteer-Petris Act and the San Francisco
Bay Plan to protect San Francisco Bay and assure sound
development along its shores; and
WHEREAS, under existing law a developer may apply
directly for a Commission permit if a local government does
not approve a project within 90 days of the submittal of a
local government permit application, which is contrary to
the California Environmental Quality Act and not within the
interests of local governments, because they have both
broader and more specific planning responsibilities and
should have an opportunity to review and approve the project
before it is considered by the Commission, a single purpose
regional agency; and
WHEREAS, Assemblyman Byron Sher has introduced AB 2450
that will amend the McAteer-Petris Act to add civil
penalties against violations, -which is similar to provisions
in other state environmental laws, and to delete the ability
of applicants to circumvent prior local government
consideration of projects;
NOW THEREFORE BE IT RESOLVED, that the Board of
Supervisors of the County of Contra Costa, California,
hereby supports AB 2450 in improving the McAteer-Petris Act
and the appropriate regulation of San Francisco. Bay; and
BE IT FURTHER RESOLVED, that copies of this resolution
be forwarded to Assemblyman Sher, the San Francisco Bay
Conservation and Development Commission, and to the
Legislature.
PASSED AND ADOPTED on April 7 , 1987 , by unanimous vote
of the Board members present.
I hereby certify that the foregoing is a true and
correct copy of a resolution entered in the minutes of the
Board of Supervisors on the date aforesaid.
Witness my hand and the seal of the
Board of Supervisors affixed this
seventh day of April, 1987 .
Attested: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator.
By Deputy Clerk
Introduced by
Superv' or Nancy C. Fanden
D trict II