HomeMy WebLinkAboutMINUTES - 04262005 - D2 3
L
TO: BOARD OF SUPERVISORS .. =0
Contra
FROM: DENNIS M. BARRY, AICP •.�=_ Costa
COMMUNITY DEVELOPMENT DIRECTOR ' ' Count
DATE: APRIL 12, 2005
SUBJECT: MUTUALLY AGREEABLE URBAN LIMIT LINE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
CONSIDER comments from members of the Board of Supervisors on the Urban Limit Line Task
Force Summit held on March 31, 2005, and DETERMINE action to be taken.
FISCAL IMPACT
None.
BACKGROUND / REASONS FOR RECOMMENDATION
On March 31, 2005, the Board of Supervisors and the sub-regional Urban Limit Line (ULL) Task
Forces met for a second summit on the development of a mutually agreeable ULL. While there was
no resolution on the key issue of establishing a mutually agreeable ULL that would be presented to the
voters for the November 2006 General Election, the following actions were taken by the assembled
task forces:
1. Plan C, Plan C with Worth Amendments, and the East/Central ULL Task Forces' Proposal are
to be forwarded to each jurisdiction for review and comment.
2. CCTA should consider how the EIR for the mutually agreeable ULL will be funded and other
issues related to the environmental review process.
3. Continue discussions among the interested parties for the next 30 days and schedule a third
summit meeting toward the end of April.
Attached for Board members consideration are the handout materials from the second summit held on
March 31St , and a sample copy from the 903 postcards delivered to the Board of Supervisors at the
March 31 st summit, by David Reid, Greenbelt Alliance, urging Board members to hold the Urban Limit
Line. Also attached is a letter from the Community Development Director to Robert McCleary,
Executive Director, CCTA, in response to the April 6, 2005 CCTA Planning Committee agenda
discussion on alternative management structures for the EIR process.
Attachments(3)
1. Agenda and Handout Material from 3/31/2005 Summit
2. Sample Copy of Greenbelt Alliance Postcard
3. Letter from Dennis M.Barry,CCC-Comm.Dev.Dir.,to Robert MCCleary,CCTA,4/4/2005
CONTINUED ON ATTACHMENT: X YES SIGNATURES - ---�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 8 J�X Lo p APPROVED AS RECOMMENDED OTHERIe.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
VOTE OF SUPERVISORS CORRECT COPY OF AN ACTION TAKEN AND
C UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact: Patrick Roche(925-335-1242) ATTESTED C)
cc: CAO JOHN SWEETEN, IbLERW OF THE BOARD OF
Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
BY ,DEPUTY
Clerk' s Note :
The attachments mentioned in the Board Order
are cataloged with the April 12th Board Order
(which is identical to this one), and are not
duplicated here.
Attach ent A
TRANSPORTATION SALES TAX EXPENDITURE PLAN
r:arrw:<rv..r<:aw,3.... .s•« .;ur.)kwr:.,r r-:4zycr;{.rt.�.xiy;Ayds s•, - .:...t . : S:�'-:' : ..,n&.b,��3siC3•Y• +�•".'ar'!•;w..w-5(�'`£�'.,.?f'��? ��t�!a�''t.1.•fa.. c.^bfi�Y4J`-,� ':uF�,i.::t >..�"$�9�Jwr?.�x..- •+Y'Yr=�k� r.�...aM>?+.°.d�a'a '� .zzi'iY:x±F�.r%1�'�+. k-ti.'a�.
is.+[.esu;-r+rNr.G':,aG�.i-.5+.�.u'>;v{'.k•'�`anti''.:'^f;...=.,P`x,.•v.,?'L.t^ki:;.:..vn$fa;,.:i«Sas....rsRC+.ha'...'�,t.�AF.a :':�?°.'ua.�'.#Jf.1.*�+k'r'�`2".`a?.s�'+''?.Y'',.Q.:"':.' "«c•'�"aGe�'SF.:}<t%rtV
ATTACHMENT A
PRINCIPLES OF AGREEMENT FOR,
ESTABLISHING URBANLIMIT LINE
0
T
1. The Board of Supervisors shall have, with the November 2006.The new mutually agreed upon
concurrence of each affected city, adjusted the ULL will be considered as the Countywide Voter
existing County ULL on or before September Approved ULL once it is ratified by the voters.
30, 2004, or as expeditiously as possible given 6. If a Town or City disagrees with the mutually
the requirements of C E Q A, to make the existing agreed upon ULL, it may, as an alternative, de-
County ULL coterminous with city boundaries velop and submit to its voters an "alternative
where it previously intruded inside those incor- ULL", or rely upon an existing voter approved
porated boundaries. ULL.
2. The process to develop the ULL shall have begun 7. If no Countywide mutually agreed upon ULL
by July 1, 2 0 04 with meetings in each sub region is established by March 31, 2009, only local
between one elected representative of each city jurisdictions with a voter approved ULL will be
and the county. The subregional meeting(s) will eligible to receive the 18%return to source funds
be followed by meetings between all of the cities or the S% TLC funds.
and the county, each being represented by one 8. The new Measure C Growth Management Pro-
elected representative. The discussion will in- gram will include a requirement that all jurisdic-
clude both the suggested ULL as well as criteria tions must comply with either the "Countywide
for establishing the line and future modifications ULL" or the "local jurisdiction's'voter approved
to the ULL. ULL" before that jurisdiction would be eligible
3. On or before December 31, 2004, the County to receive the 18% return to source funds or the
and the cities will cooperate in the development S% CC-TLC funds. In the absence of a local
of a new mutually agreed upon ULL and criteria voter approved ULL, submittal of an annexation
for future modifications.To be considered a final request to LAFCO outside the countywide voter
proposal, the plan must be approved by 4 mem- approved ULL will constitute non-compliance
bers of the Board of Supervisors and 3/4 of the with the Measure C Growth Management Plan.
cities representing%of the incorporated popula- 9. The new ULL, unless amended, will be in place
tion. through the end of the sales tax extension (March
4. The County will be the lead agency in preparing 31, 2 0 3 4).
a Master EIR on the proposed Countywide "mu- 10. The Countywide voter approved ULL Measure
tually agreed upon ULL". will include provisions for periodic review (5
S. After certification of the Master EIR, the proposal years) as well as provisions for minor (less than
shall be submitted to the voters for ratification by 30 acres) nonconsecutive adjustments.
JULY 21, 2004 27
Attachment
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
f 651 Pine Street, N.Wing- 4th Floor
Martinez, CA 94553
r Telephone: 335-1290 Fax: 335-1299
TO: embers, Board of Supervisors
FROM: Dennis M. arry, A CP, C mmunity Development Director
DATE: March 25, 2005
SUBJECT: Timeline and Key Milestones for Urban Limit Line Ballot Measure
scenarios
As a follow-up to the Board's March 15, 2005 discussion on the process for establishing a
Mutually Agreeable Urban Limit Line (ULL), attached for your consideration are three possible
timeline and key milestone scenarios for bringing a ULL measure to the voters:
1. Board-Initiated ULL Measure for the November 8, 2005 Special Election, should the
Governor call for a Special Statewide Election.
2. Board-Initiated ULL Measure for the June 2006 Primary Election.
3. Mutually Agreed ULL Measure from the Cities and County for the November 2006
General Election.
Should you have any questions regarding these timelines, please do not hesitate to contact me
at 335-1276 or Patrick Roche at 335-1242.
Attachments(4)
cc: J.Sweeten,CAO
S.Marchesi,County Counsel
Clerk of the Board
Better Government Ordinance file
WAdvance Planningladv-plan%MUtualiy Agreed ULLlbosmemoul imetine.doc
TIMELINE AND KEY MILESTONES
NOVEMBER 8, 2005 SPECIAL STATEWIDE ELECTION BALLOT
BOARD-INITIATED ULL MEASURE
CEQA
DATE MILESTONE BOARD ACTION PROCESS
Deadline for Governor
June 13, 2005 to call for Special
Statewide Election for -- --
Nov. S, 2005
Initiate process for Board authorizes Staff finalizes
June 14, 2005 ULL Ballot Measure on staff to prepare ULL Initial Study
Board of Nov. '05 Special Ballot Measure for under CEQA
Supervisors Election. Nov. '05 Special following Board
meeting Election and authorization. (1)
determines the main
elements of the
measure.
Approve draft Approve draft ULL Circulate Initial
June 21, 2005 language for Ballot Ballot Measure Study and Notice
Board of Measure for public language for public of Intent for a
Supervisors comment comment and Negative
meeting circulate to cities and Declaration (20
stakeholders. days, closing on
July 12, 2005).
Post and file with
County Clerk.
Adopt Resolution on Accept report on Post and file
July 19, 2005 Special Measure comments received Notice of
Board of Election on draft ULL Ballot Determination
Supervisors Measure. (NOD) for
meeting (2) Negative with
Make CEQA County Clerk.
determination.
OR
Adopt Resolution
August 9, 2005 calling for a Special
Board of Measure Election to
Supervisors place ULL Measure
meeting (3) on the ballot for the
Nov-8, 2005 Special
Statewide Election.
Notes:
(1) An EIR would need to be prepared, if substantial evidence is identified or presented to support a
fair argument that the project would result in physical changes to the environment, and the
proposed action was not evaluated in a previous environmental review. An EIR could not be
completed prior to the latest date for Board consideration to approve final Ballot Measure language,
see notes 2 & 3. A Negative Declaration is anticipated should the Board-initiated ULL Ballot
Measure not propose any changes to the existing ULL boundary since it would not induce growth.
(2) The Contra Costa County Election Official requests that resolution calling the election be filed with
Registrar of Voters not less than 106 days prior to the date of the election, in order to provide
sufficient time for arguments, preparation of materials for the printer(including translation,proofing,
etc.)prior to issuing absentee ballots.
(3) 88 days prior to the election is the latest that a resolution can be filed with the County Election
Official.
NOVEMBER 8,, 2005 SPECIAL STATEWIDE ELECTION
CONTRA COSTA COUNTY ELECTIONS OFFICE TIMETABLE SUMMARY
June 13, 2005 Deadline for Governor to call Special Statewide
Election for November 8, 2005.
July 25, 2005 Suggested last day for the Board of Supervisors to
adopt resolution calling a Special Measure Election to
place a measure on the ballot for a November 8, 2005
Special Statewide Election.
Contra Costa County Election Official advises that this
date would allow adequate time for publication of
notice of election; receiving arguments and rebuttal
arguments; translations; set up printer; and, provide
the required public examination prior to the first day
for 60 day-absentee ballots. The resolution must set
forth the exact wording of the measure (framed as a
question limited to 75 words) and request
consolidation with the special election called by the
Governor.
August 12, 2005 Official deadline for any local jurisdictions to call a
special measure election, request consolidation with'
special election, and file resolution with the Contra
Costa County Election Official. Note: Filing must
occur 88 days prior to November 8, 2005.
June 14, 2005 Scheduled Board of Supervisors meetings during this
period.
June 21, 2005
June 28, 2005
July 12, 2005
July 19, 2005
July 26, 2005
August 2, 2005
August 9, 2005
TIMELINE AND KEY MILESTONES
JUNE 6, 2606 PRIMARY ELECTION BALLOT
BOARD-INITIATED ULL MEASURE
DATE MILESTONE BOARD ACTION CEQA PROCESS
Initiate process for Board authorizes Begin CEQA
Nov. 1, 2005 ULL Ballot Measure staff to prepare review process
on June `06 Primary ULL Ballot
Election. Measure for June
6, 2006 Primary
Election and
determines the
main elements of
the measure.
Approve draft Approve draft ULL Circulate Initial
Jan. 17, 2006 language for Ballot Ballot Measure Study and Notice
Measure for public language for public of Intent for a
comment comment and Negative
circulate to cities Declaration (20
and stakeholders. days, closing on
March 13, 2006).
Post and file with
County Clerk.
Adopt Resolution on Accept report on Post and file
Feb. 21, 2006 Special Measure comments Notice of
Board of Election received on draft Determination
Supervisors ULL Ballot (NOD) for
meeting (2) Measure. Negative
Declaration
Make CEQA County Clerk.
OR determination.
.March 7, 2006 Adopt Resolution
Board of calling for a
Supervisors Special Measure
meeting (3) Election to place
ULL Measure on
the ballot for the
June 6, 2006
Primary Election.
2
Notes:
(1) An EIR would need to be prepared, if substantial evidence is identified or presented to support a
fair argument that the project would result in physical changes to the environment, and the
proposed action was not evaluated in a previous environmental review. It is doubtful that an EIR
could be completed prior to the latest date for Board consideration to approve final Ballot Measure
language, see notes 2 & 3. A Negative Declaration is anticipated should the Board-initiated ULL
Ballot Measure not propose any changes to the existing ULL boundary since it would not induce
growth.
(2) The Contra Costa County Election Official requests that resolution calling the election be filed with
Registrar of Voters not less than 106 days prior to the date of the election, in order to provide
sufficient time for arguments,preparation of materials for the printer(including translation, proofing,
etc.)prior to issuing absentee ballots.
(3) 88 days prior to the election is the latest that a resolution can be filed with the County Election
Official.
TIMELINE AND KEY MILESTONES
NOVEMBER 2006 GENERAL ELECTION BALLOT
MUTUALLY AGREED ULL MEASURE
DATE MILESTONE BOARD ACTION CEQA PROCESS
Consideration by City Board adopts
March 2005 Councils and Board of resolution supporting
To a Mutually Agreed ULL a Mutually Agreed
June 2005 ULL.
Initiate CEQA Process Circulate Notice of
June 2005 -- Preparation of an
To EIR. (1)
August 2005
Retain E I R
consultant and
funding through
CCTA.
August 2005 Complete CEQA Draft EIR is
To Process -- prepared and
July 2006 circulated for a 45-
day public comment
period —60 day
maximum.
Hearing before the
County Zoning
Administrator on
adequacy of Draft
EIR.
Prepare Response
to Comments and
Final EIR.
Adopt Resolution on Certification of Post and file Notice
July, 18, 2006 Special Measure Environmental of Determination
Board of Election by City Impact Report. (NOD) with County
Supervisors Councils and Board of Clerk.
meeting (2) Supervisors Adopt Resolution
calling for a Special
OR Measure Election to
place Mutually
August 8, 2006 Agreed ULL
Board of Measure on the
Supervisors ballot for the Nov.
meeting (3) 2006 Statewide
General Election.
Notes:
(1) It is assumed that an EIR would be prepared.
(2) The Contra Costa County Election Official requests that resolution calling the election be filed with
Registrar of Voters not less than 106 days prior to the date of the election, in order to provide
sufficient time for arguments, preparation of materials for the printer(including translation, proofing,
etc.)prior to issuing absentee ballots.
(3) 88 days prior to the election is the latest that a resolution can be filed with the County Election
Official.
--------
CONTRA COSTA COUNTY
s = _ COMMUNITY DEVELOPMENT DEPARTMENT
'=- 1 b Pine Street,N. Wing-4th Floor
5
Martinez, CA 94553
Telephone: 335-1290 Fax: 335-i299
TO: embers, Board of Supervisors
FROM: ennis M. ar mmunity Development Director
DATE: April 21, 2005
SUBJECT: Supplemental Material, Board of Supervisors meeting, April 26, 2005, Agenda
Item ## D.2 "CONSIDER comments of the Board of Supervisors on the Urban
Limit Line Task Force Summit held on March 31,2005 and determine actions to
be taken"
Following the Board meeting on 4/19/2005, Chair Gayle Uilkema requested staff to research and
confirm the status of approved, yet unbuilt residential units in eastern Contra Costa County,
including the cities and County, and to make this information available to all Board members.
The attached table is hereby provided to each Board member in response to the Chair's request.
It estimates the approved, yet unbuilt residential units in eastern Contra Costa County and the
potential for number of additional residential units under the East County cities ULL proposal.
Attachment(1 item)
cc: Better Government Ordinance file
CAO
Clerk of the Board
County Counsel
f
F
9
F
9,
71
Dennis Barry
April 22, 2005
Page 2 of 2
The motion was made by Commissioner Freitas, seconded by Commissioner Metcalf.
Commissioner Gioia and Commissioner Viramontes abstained. (Commissioner Glover
was not present.) The motion was carried 8-0.
Please do not hesitate to contact me should you have questions.
Sincerely
Martin R. gelmann
Deputy Director,Planning
cc: Commissioner Janet Abelson, Chair CCTA
Supervisor Gayle B. Uilkema, Chair BCS
Supervisor John Gioia
Jane Pennington, Clerk of the Board•
\\Mre\wpfiIes\GMP\ULL\Ltr-D Barry.doc