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HomeMy WebLinkAbout7.1 ABAG SubregionPlan e . CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: February 27, 1995 SUBJECT: Reconsideration of City Council action on ABAG Comprehensive Subregional Planning Pilot Project REPORT PREPARED BY: Laurence L. Tong, Planning Director Carol Cirelli, Senior Planner EXHIBITS A TT ACHED: Exhibit A: / Resolution adopting the Memorandum of Understanding (with amended draft MOU I attached) Attachment 1: Draft MOU with highlights and strikeouts Attachme92: February 13, 1995 City Council Agenda Statement without attachments RECOMMENDATION: Reconsider and provide direction on the extent of City .J.-r /I~articipation, including: \ \ t.)!' /1. appointment of a representative and an alternate , . 2. amount of staff participation 3. revisions to the draft MOU .. 4. adoption of the resolution adopting the MOU FINANCIAL STATEMENT: Participation in the project will require at least 4 hours/week of staff time for the 6 month duration of the grant, totaling approximately 100 hours. Participation in this project will delay other Council authorized projects, including, but not limited to: Eastern Dublin implementation measures including scenic corridor policies, stream corridor restoration, inclusionary housing ordinance, school impact mitigation, noise mitigation, Kit F ox habitat management plan, and grazing management plan; Schaefer Ranch General Plan Amendment, Prezoning, Annexation, and Development Agreement Study; Outdoor Sales Ordinance; and potential Eastern Dublin Detailed Planned Development Rezoning(s). BACKGROUND: On February 13, 1995, the City Council voted 3-2 to not participate in the ABAG (Association of Bay Area Governments) Comprehensive Subregional Planning Pilot Project. Councilmember Barnes has requested reconsideration of the project. The project has two purposes: 1. To demonstrate coordinated. multi-jurisdictional local planning to achieve regional goals and objectives: 2. To produce a draft subregional strategy for potential inclusion in the general plans and related policy documents of the participatin2 jurisdictions. CITY 1 FILE ----------------~--~-------------------------------------------------------------------------------------- ITEM NO. COPIES TO: GENERAL FILE - - - .. e . The draft subregional strategy will need to be reasonably consistent with seven (7) regional goals adopted by ABAG. The regional goals are as follows: 1. A pattern of compact. city-centered growth in the urban areas of the San Francisco Bay Area, with a balance of land uses guided into or around existing communities in order to preserve surrounding open space and agricultural land, as well as environmentally sensitive areas. 2. Growth directed to where infrastructure capacity is available or committed including, but not limited to, freeway, transit, water, solid waste disposal and sewage treatment, and where natural resources will not be ov~rburdened, and discourage urban growth in unincorporated areas. 3. Development patterns and policies that discourage long distance. single- occupant automobile commuting and increase resident access to employment, shopping and recreation by transit or other non-auto means. 4. Firm urban growth boundaries, with streamlined procedures that permit and direct development within these boundaries. 5. Increased housing supply, with a range of types and affordability and a suitable living environment to accommodate current and future workers and households. 6. Long-term protection and enhancement of agricultural land. lICologically sensitive areas and open space, and of other irreplaceable natural resources necessary to the health, economy and well-being of present and future generations, and to the sustainable ecology of the region. .7. Economic development which provides jobs for current and future residents, increases the tax base, supports and enhances California's position in the global marketplace, and helps provide the resources necessary to meet vital environmental, housing, transportation and other needs. The draft subregional strategy will consider the ABAG menu of 129 subregional land use policies. MEMORANDUM OF UNDERST ANDINO: The Ad Hoc Subregional Planning Committee of the Tri-Valley Council has prepared a draft MOU (Memorandum of Understanding) for consideration by each member jurisdiction. Staffhas identified the following potential concerns with the draft MOU: 1. Voting: At the Tri-Valley Planning Committee meeting on January 30, 1995, Cm. Moffatt raised concerns regarding the voting provisions in the draft MOU. The draft MOU provides that voting shall be by simple majority of those representatives present, with a quorum of four members required. Three representatives could potentially take action on the project. The City Council may want to request that the adoption of the draft subregional strategy be by unanimous vote of representatives of all the parties. This may help ensure that each agency's concerns are adequately addressed. 2 r' .~ e e 2. Effect of adoption of strategy: The draft MOD states that the draft subregional strategy will consist of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions. The draft MOD does not specify if the inclusion is intended to be voluntary or mandatory. The City Council may want to request that each public agency would voluntarily determine what is appropriate in its community. The City Council may also want to request that any public agency shall not be required to include the strategy's model goals, objectives, and policy language in the agency's general plan or other policy documents. 3. Name of the body preparing the draft subregional strategies: The draft MOD suggests that the body responsible for preparing the draft subregional strategy be named the "Tri-Valley Planning Council". Such a name may create the public perception that the body would be semi-autonomous and independent of the Tn-Valley Council member agencies. That perception would be contrary to the stated purpose of the MOD. The Tn-Valley Council member agencies do not intend to create another agency or separate entity. The City Council may want to request that the body be named the "Tri- V alley Planning Committee". Such a name may better meet the purpose of the MOD. It may help clarify the role of the body as subordinate to and dependent on the Tri-Valley Council member agencies. The Tri-Valley Council originally formed the Ad Hoc Subregional Planning Committee. The resolution previously adopted by the City Council supported a Tri- Valley Planning Committee. CONCLUSION: Staff recommends that the City Council reconsider to what extent the City should participate in the Project. If full participation is desired, Staff recommends that the City Council: 1. appoint a representative and an alternate 2. provide direction regarding the amount of Staff participation (such as approximately 4 hours/week to a maximum of approximately 100 hours). 3. provide direction regarding any necessary revisions to the draft MOU 4. adopt the Resolution adopting the MOU with any necessary revisions (g:\agendas\2-27ccsr) 3 e e RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------------------------------------------------------------------------------------- ADOPTING A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, COUNTY OF CONTRA COSTA, TOWN OF DANVILLE AND CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON WHEREAS, the Tri-Valley Council, composed of the Town ofDanville, the Cities of Dublin, Livermore, Pleasanton, and San Ramon, and the Counties of Alameda and Contra Costa, was created in 1984; and WHEREAS, the Tri- Valley Council was formed to address issues of regional concern; and WHEREAS, the Tri- Valley Council has a proven record of supporting subregional cooperation; and .. WHEREAS, the Tri-Valley Council has formed the Tri-Valley Council Comprehensive Subregional Planning Committee (the Tri-Valley Planning Committee) to further subregional cooperation and the development of a draft subregional strategy; and WHEREAS, the Association of Bay Area Governments (ABAG) has awarded a $55,000 one- time grant to assist in development of the Comprehensive Subregional Planning Pilot Project ("Project"); and WHEREAS, the monetary grant from ABAG will be supplemented by the equivalent of one full time equivalent of technical assistance and project support from ABAG for a period of up to six months and by limited, additional technical support from the Bay Area Air Quality Control Management District; and WHEREAS, the purpose of the Project is two-fold: 1) to demonstrate coordinated, multi- jurisdictional local planning (at a subregional level) to achieve region-wide goals and objectives; and 2) to produce a draft subregional strategy ("Strategy") comprised primarily of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions; and WHEREAS, the Memorandum of Understanding ("MOlY'), attached as Exhibit 1, establishes that the administration of the Project is delegated to and vested in the "Tri-Valley Planning Committee" (hereinafter referred to as "Planning Committee"); and 1 EXHIBIT A e e WHEREAS, the MOD establishes the make-up and voting framework of the Planning Committee; and WHEREAS, the MOD authorizes and directs the Planning Committee to perfonn all acts necessary or desirable to execute and administer this MOU including, but not limited to: selecting and retaining a consultant to prepare the Strategy; authorizing, evaluating and monitoring the expense of preparation of the Strategy; and other actions consistent with this MOU; and WHEREAS, by entering into this MOD, the Parties do not intend to create an agency or entity separate from the parties to the MOD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Memorandum ofDnderstanding by and among the Boards of Supervisors for the Counties of Alameda and Contra Costa and the Councils ofDanville, Dublin, Livermore, Pleasanton and San Ramon and authorizes the Mayor of the City of Dublin to sign the Memorandum ofDnderstanding with the following stipulations: 1. Name of the body preparing the draft subregional strategy: The name "Tri-Valley Planning Committee" shall be used in the MOU instead of "Tri- V alley Planning Council". .. 2. Voting: The MOD shall be amended so that adoption of the Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties to the MOD. 3. Effect of Adoption of Strategy: The MOU shall be amended so that each public agency voluntarily determines the use of the strategy as appropriate in it's community. The MOD shall also provide the adoption of the strategy shall not require any public agency to include the strategy's model goals, objectives and policy language in such agency's general plan or other policy documents. Passed, Approved, and Adopted this day of , 1995. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 2 e e Amended February 27, 1995 MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, CONTRA COSTA COUNTY, TOWN OF DANVILLE AND THE CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON 1. Parties. This Memorandum of Understanding (hereafter referred to as "MOU"), dated February 15,1995, for reference only, is entered into by and among the following public agencies: the County of Alameda, the County of Contra Costa, the Town of Danville, the City of Dublin, the City of Livermore, the City of Pleasanton and the City of San Ramon (collectively hereafter referred to as "Parties" or "Party"). 2. Recitals. Each Party to this MOU is a public agency duly authorized and existing under the law of the State of California. The County of Contra Costa, the Town of Danville and the City of San Ramon are situated within the boundaries of the County of Contra Costa. The County of Alameda, the City of Dublin, the City of Livermore and the City of Pleasanton are situated within the boundaries of the County of Alameda. . The area commonly known as the "Tn-Valley Area" encompasses the Town of Danville, the Cities of Dublin, Livermore, Pleasanton and San Ramon and portions of the Counties of Alameda and Contra Costa immediately adjacent to the cities and town. The parties hereto recognize that coordination of planning efforts in the Tri-Valley Area is to the benefit of all parties hereto and their constituents. 3. Purpose. The purpose of this MOU is to provide a framework for oversight of efforts associated with the Comprehensive Subregional Planning Pilot Project in the Tri-Valley area (hereafter referred to as "Project"). The purpose of the Project is two-fold: 1) to demonstrate coordinated, multi- jurisdictional local planning (at a subregional level) to achieve region-wide goals and objectives; and 2) to produce a draft subregional strategy comprised primarily of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions. The draft subregional strategy will consist of two documents, the "Draft Tri-Valley Subregional Planning Strategy" (hereafter referred to as "Strategy") and the "Technical Supplement" (which includes the background information used to develop the Strategy). The MOU also serves to establish the responsible Party for financial oversight of funds expended in conjunction with the development of the referenced documents. By entering into this MOU, the Parties do not intend to create an agency or entity separate from the Parties to the MOU and no provision of this MOU should be so construed. 4. Tri-Vallev Plannina Committee. The administration of the activities called for in this MOU is delegated to and vested in the "Tri-Valley Planning Committee" (hereafter referred to as "Planning Committee"). The Planning Committee shall be comprised of one elected member of the board of supervisors and city or town council of the respective Parties to the MOU, to be appointed and serve at the pleasure of the respective board or council. The board of supervisor members appointed to the Planning Committee shall each have the option of designating an appointee to serve on their behalf on the Planning Committee. These appointees shall have full voting privileges. Planning Committee members shall have the responsibility to report to their respective board or council on a routine basis to EXHIBIT 1 e e keep them informed of progress and to receive input for the Planning Committee. Each member of the Planning Committee shall have equal voting privileges, however, members shall attempt to reach consensus following full discussion. Upon the initial meeting of the Planning Committee, one member shall be elected by the Planning Committee members to serve as chairperson and one person shall be elected to serve as vice-chairperson. Each Party may appoint an alternate who may vote in the absence of the designated voting member. The Planning Committee is authorized and directed, on behalf of all Parties, to perform all acts necessary or desirable to execute and administer this MOU including, but not limited to: selecting and retaining a consultant to prepare the Strategy; authorizing, evaluating and monitoring the expense of preparation of the Strategy; and other actions consistent with this MOU. 5. Draft Tri-Valley Subreoional Plan nino Strategy. The Draft Tri-Valley Subregional Planning Strategy ("Strategy") shall be prepared by a consultant selected by the Planning Committee. The work plan to develop the Strategy, the corresponding time table to accomplish the work, and the description of the work project shall be as substantially as depicted in the grant proposal submitted to ABAG on November 29, 1994. . 6. Administrative Services. There shall be a technical advisory committee (hereafter referred to as "TAC"), made up of one staff member from each Party, with one staff member serving as chairperson. It shall be the responsibility of the chairperson of the TAC to provide administrative services as necessary to the Planning Committee such as preparation of agendas for Planning Committee and T AC meetings. The chairperson shall rotate among the parties. The City of San Ramon shall receive the grant funds from ABAG for the Project. Representatives of special districts and other agencies operating in the Tri-Valley area will participate as "ex-officio" members of the TAC. Members of community organizations and the public will be welcomed to attend meetings of the T AC. 7. Contract Administration. The City of San Ramon shall serve as Contract Administrator and shall be responsible for administering the consultant services utilized in conjunction with this MOU. The Contract Administrator shall prepare regular written reports to the Planning Committee, ABAG and the T AC on the status of consultant services. 8. Accounting Services. The Finance Director of the City of San Ramon shall provide accounting services for all payments and receipts required by the terms of this MOU, and shall be responsible for the safekeeping of all funds by or to the Parties to this MOU. 9. Vote Required. The seven Planning Committee members shall have equal voting privileges. Except as provided below, voting shall be by majority of those representatives present, with a quorum of four members required. Adoption of the Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties. 10. Effect of Adoption of Strateoy. If adopted by unanimous vote, the strategy shall be used by each public agency a party hereto in the manner it determines is appropriate in it's community. Adoption of the strategy shall not require any publiC agency to include the strategy's model goals, objectives and policy language in such agency's general plan or other policy documents. 2 e e 11. Amendment. This MOU may be amended at any time upon the written approval of all Parties to the MOU. 12. Notices. Any notices to be sent to any Party shall be directed to the office of the city manager or county administrator of the Party, with copies to all other city managers and county administrators and the respective TAC members representing each Party. 13. Termination of MOU. This MOU shall terminate upon the occurrence of any of the following conditions: a. Ninety days after submittal of the Draft Tri-Valley Subregional Planning Strategy by the Planning Committee to the Tri-Valley Council unless by unanimous decision of all Parties (expressed through action by the Tri-Valley Council) the Planning Committee is charged with responsibilities related to implementation of the Strategy. b. Mutual written agreement by all Parties hereto. 14. Withdrawal of Individual Partv(ies). With ninety days' prior written notice of their intent to withdrawal from the Project, any Party(ies) shall have the right to withdraw from the process. Except as may otherwise be provided for in Section 13 above, withdrawal of any Party(ies) fl'om the process shall not cause termination of the provisions of this MOU. 15. Disposition of Funds Upon Termination. Any unexpended ABAG grant funds remaining with the Finance Director of the City of San Ramon shall be returned to ABAG upon termination of this MOU. 16. Effective Date. This MOU shall become effective upon the date of execution of the last signatory hereto. COUNTY OF ALAMEDA Date: Gail Steele, Chairman Approved as to Form: Attest: County Counsel (signatures continued on next page) 3 e e COUNTY OF CONTRA COSTA Dated: Gayle Bishop, Chairman Approved as to Form: Attest: County Counsel TOWN OF DANVILLE Dated: Millie Greenberg, Mayor Approved as to Form: Attest: . City Attorney City Clerk CITY OF DUBLIN Dated: Approved as to Form: Guy S. Houston, Mayor Attest: City Attorney City Clerk CITY OF LIVERMORE Dated: Approved as to Form: Cathie Brown, Mayor Attest: City Attorney City Clerk (signatures continued on nexl page) 4 e e CITY OF PLEASANTON Dated: Ben C. Tarver, Mayor Approved as to Form: Attest: City Attorney City Clerk CITY OF SAN RAMON Dated: Greg Carr, Mayor Approved as to Form: Attest: City Attorney City Clerk .. 5 e e AMENDED FEBRUARY 27, 1995 Note: Bold italics reflect added language. Strikeout reflects deleted language. MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, CONTRA COSTA COUNTY, TOWN OF DANVILLE AND THE CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON Revised Draft February 3, 1 QQ5 1. Parties. This Memorandum of Understanding (hereafter referred to as "MOU"), dated February 15, 1995, for reference only, is entered into by and among the following public agencies: the County of Alameda, the County of Contra Costa, the Town of Danville, the City of Dublin, the City of Livermore, the City of Pleasanton and the City of San Ramon (collectively hereafter referred to as "Parties" or "Party"). 2. Recitals. Each Party to this MOU is a public agency duly authorized and existing under the law of the State of California. The County of Contra Costa, the Town of Danville and the City of San Ramon are situated within the boundaries of the County of Contra Costa. The County of Alameda, the City of Dublin, the City of Livermore and the City of Pleasanton are situated within the boundaries of the County of Alameda. The area commonly known as the "Tri-Valley Area" encompasses the Town of DaRville, the Cities of Dublin, Livermore, Pleasanton and San Ramon and portions of the Counties of Alameda and Contra Costa immediately adjacent to the cities and town. The parties hereto recognize that coordination of planning efforts in the Tn-Valley Area is to the benefit of all parties hereto and their constituents. 3. Purpose. The purpose of this MOU is to provide a framework for oversight of efforts associated with the Comprehensive Subregional Planning Pilot Project in the Tri.Valley area (hereafter referred to as "Project"). The purpose of the Project is two-fold: 1) to demonstrate coordinated, multi-jurisdictional local planning (at a subregional level) to achieve region.wide goals and objectives; and 2) to produce a draft subregional strategy comprised primarily of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions. The draft subregional strategy will consist of two documents, the "Draft Tri-Valley Subregional Planning Strategy" (hereafter referred to as "Strategy") and the "Technical Supplement" (which includes the background information used to develop the Strategy). The MOU also selVes to establish the responsible Party for financial oversight of funds expended in conjunction with the development of the referenced documents. By entering into this MOU, the Par:ties do not intend to create an agency or entity separate from the Parties to the MOU and no provision of this MOU should be so construed. 4. Tri-Vallev Planning Council Committee The administration of the activities called for in this MOU is delegated to and vested in the "Tri-Valley Planning COl:Jnc:il Committee" (hereafter referred to as "Planning Council Committee"). The Planning Council Committee shall be comprised of one elected member of the board of supelVisors and city or town council of the respective Parties to the MOU, to be appointed and selVe at the pleasure of the respective board or council. The board of supelVisor members appointed to the Planning Council Committee shall each have the option of designating an appointee to selVe on their behalf on the Planning Council Committee. These appointees shall have full voting privileges. Planning Cel:lAcil Committee members shall have the responsibility to report to their respective board or council on a routine basis to keep them informed of progress and to receive input for the Planning COl:JFlGiI Committee. Each member of the Planning Celdncil Committee shall have equal voting privileges, however, members shall attempt to reach consensus following full discussion. Upon the initial meeting of the Planning Council Committee, one member shall be elected by the Planning Clnmcil Committee members to selVe as chairperson and one person shall be elected to selVe as vice- chairperson. Each Party may appoint an alternate who may vote in the absence of the designated voting member. ATTACINNT 1 e e The Planning Council Committee is authorized and directed, on behalf of all Parties, to perform all acts necessary or desirable to execute and administer this MOU including, but not limited to: selecting and retaining a consultant to prepare the Strategy; authorizing, evaluating and monitoring the expense of preparation of the Strategy; and other actions consistent with this MOU. 5. Draft Tri-Vallev Subreoional Plannina Strateav. The Draft Tri-Valley Subregional Planning Strategy ("Strategyn) shall be prepared by a consultant selected by the Planning Council Committee. The work plan to develop the Strategy, the corresponding time table to accomplish the work, and the description of the work project shall be as substantially as depicted in the grant proposal submitted to ABAG on November 29, 1994. 6. Administrative Services. There shall be a technical advisory committee (hereafter referred to as "TACn), made up of one staff member from each Party, with one staff member serving as chairperson. It shall be the responsibility of the chairperson of the TAC to provide administrative services as necessary to the Planning COUFlGil Committee, such as preparation of agendas for Planning Cel:lFlcil Committee and TAC meetings. The chairperson shall rotate among the parties. The City of San Ramon shall receive the grant funds from ABAG for the Project. Representatives of special districts and other agencies operating in the Tri-Valley area will participate as "ex-officion members of the TAC. Members of community organizations and the public will be welcomed to attend meetings of the T AC. 7. Contract Administration. The City of San Ramon shall serve as Contract Administrator and shall be responsible for administering the consultant services utilized in conjunction with this MOlA The Contract Administrator shall prepare regular written reports to the Planning Council Committee, ABAG and the TAC on the status of consultant services. 8. Accountina Services. The Finance Director of the City of San Ramon shall provide accounting services for all payments and receipts required by the terms of this MOU, and shall be responsible for the safekeeping of all funds by or to the Parties to this MOU. 9. Vote Reauired. The seven Planning Council Committee members shall have equal voting privileges. Except as provided below, voting shall be by majority of those representatives present, with a quorum of four members required. Members shall attempt to reach conseFlSblS fGllowing full di€cl:IEsieR. Adoption of the Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties. 10. Effect of Adootlon of Strateav. If adopted by unanimous vote, the strategy shall be used by each public agency a party hereto in the manner it determines is appropriate In It's community. Adoption of the strategy shall not require any public agency to Include the strategy's model goals, objectives and policy language in such agency's general plan or other polley documents. 4-0. 11. Amendment. This MOU may be amended at any time upon the written approval of all Parties to the MOU. 44-. 12. Notices. Any notices to be sent to any Party shall be directed to the office of the city manager or . county administrator of the Party, with copies to all other city managers and county administrators and the respective TAC members representing each Party. 12.13. Termination of MOU. This MOU shall terminate upon the occurrence of any of the following conditions: a. Ninety days after submittal of the Draft Tri-Valley Subregional Planning Strategy by the Planning Council Committee to the Tri-Valley Council - unless by unanimous decision of all Parties (expressed through action by the Tri-Valley Council) the Planning CeblFlcil Committee is charged with responsibilities related to implementation of the Strategy. b. Mutual written agreement by all Parties hereto. 2 e e 43. 14. Withdrawal of Individual Party(ies). With ninety days' prior written notice of their intent to withdrawal from the Project, any Party(ies) shall have the right to withdraw from the process. Except as may otherwise be provided for in Section 4-213 above, withdrawal of any Party(ies) from the process shall not cause termination of the provisions of this MOU. -14. 15. Disposition of Funds Upon Termination. Any unexpended ABAG grant funds remaining with the Finance Director of the City of San Ramon shall be returned to ABAG upon termination of this MOU. 4-a. 16. Effective Date. This MOU shall become effective upon the date of execution of the last signatory hereto. COUNTY OF ALAMEDA Date: Gail Steele. Chairman Approved as to Form: Attest: . County Counsel COUNTY OF CONTRA COSTA Dated: Gayle Bishop, Chairman Approved as to Form: Attest: County Counsel TOWN OF DANVILLE Dated: Millie Greenberg, Mayor Approved as to Form: Attest: City Attorney City Clerk (Signatures continued on next page) 3 e e 4 e e CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: February 13, 1995 SUBJECT: Report on the ABAG Comprehensive Subregional Planning Pilot Project REPORT PREPARED BY: Laurence L. Tong, Planning Director Carol Cirelli, Senior Planner EXHIBITS ATTACHED: Exhibit A: Resolution adopting the Memorandum of Understanding (with draft MOU attached) Attachment 1: Resolution 118-94 Supporting the Tri-Valley Planning Committee Attachment 2: January 11, 1995, Memorandum to Tri. Valley Planning Committee from Millie Greenberg Attachment 3: November 14, 1994 City Council Agenda Statement (w/o attachments) Attachment 4: Tri- Valley Planning Council Grant Proposal (under separate covei). Attachment 5: ABAG Menu of Subregional Land Use Policies (under separate cover). RECOMMENDATION: Consider and provide direction on the extent of City participation, including: 1. appointment of a representative and an alternate 2. amount of staff participation 3. revisions to the draft MOU 4. adoption of the resolution adopting the MOV 5. input on the menu of subregional land use policies FINANCIAL STATEMENT: The preparation of the draft subregional strategy may require at least 4 hours/week of staff time for the 6 month duration of the grant, totaling approximately 100 hours. Participation in this project will delay other Council authorized projects, including, but not limited to: Eastern Dublin implementation measures including scenic corridor policies, stream corridor restoration, inclusionary housing ordinance, school impact mitigation, sewer, water, transportation, and fiscal matters; Schaefer Ranch General Plan Amendment, Prezoning, Annexation, and Development Agreement Study; Outdoor Sales Ordinance; and potential Eastern Dublin Detailed Planned Development Rezoning(s). BACKGROUND: The Tri- Valley Council fonned the Ad Hoc Subregional Planning Committee (the Tri- Valley Planning Committee) on October 20, 1994 to consider submitting a proposal to the Association of Bay Area Governments (ABAG) for the Comprehensive Subregional Planning Pilot Project (project) grant. On November 14, 1994, the City Council considered the Project and adopted a revised draft resolution [see Attachment 1] supporting the Tri-Valley Council ATTACHMENT 2 ..-..---..---------------.......-------...--.......................------...........-------------..----..-.... ITEM NO. COPIES TO: GENERAL FILE e e Comprehensive Subregional Planning Committee. The City Council committed to participate in only applying for the grant at that time. The Tri. Valley Planning Committee submitted it's proposal to ABAG on November 29, 1994 [see Attachment 4]. Millie Greenberg, Mayor of Dan vi lie, and Cathie Brown, Mayor of Livermore, represented the Tri-Valley Planning Committee at the ABAG Regional Planning Committee selection subcommittee interview [see Attachment 2). On January 9, 1995, the Executive Board of the ABAG awarded the Project grant of $55,000 plus staff assistance to the member jurisdictions of the Tri- Valley Council. On January 30, 1995, at the Tri-Valley Planning Committee meeting, Millie Greenberg asked that the councilslboards consider adopting the draft Memorandum of Understanding (MOll) [see Exhibit A], and also asked the CouncilsIBoards to appoint a representative and an alternate. Gary Binger, ABAG staff, requested the representatives to consider, at hislher option, completing the ABAG Menu of Subregional Land Use Policies [see Attachment 5] by February 20, 1995. On February I, 1995, at the Tri-Valley Council meeting, Millie Greenberg reported that the Tri- Valley Planning Committee was awarded the ABAG grant. She reiterated her request for adopting the MOU and appointing a representative and an alternate to the Tri~ Valley Planning Committee. " Request for Proposals were sent on January 30, 1995, to potential consultants for preparing the subregional strategy. Consultant proposals are due on February 13, 1995. The technical advisory committee is scheduled to discuss the proposals received on February 17, 1995 and the Tri-Valley Planning Committee is scheduled to meet to select the consultant on February 27, 1995. COMPREHENSIVE SUBREGIONAL PLANNING PILOT PROJECT: The purpose of the Project is to: I) demonstrate coordinated. multi-iurisdictional local planning (at a subregional level) to achieve region-wide goals and objectives; and 2) produce a draft subregional stratel!V comprised primarily of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions. The draft subregional strategy will consist of two documents, the "Draft Tri- Valley Subregional Planning Strategy" and the "Technical Supplement", which includes the background information used to develop the subregional strategy. The draft subregional strategy will address the following land use policy issues: 1. Location and intensity of urban development 2. Natural resource protection and management 3. Mobility 4. Housing supply and affordability 5. Economic Vitality The draft subregional strategy will be guided by and achieve reasonable consistency with the following regionally adopted ABAG goals: .~ ..... 1. A pattern of compact. city-centered growth in the urban areas of the San Francisco Bay Area, with a balance ofland used guided into or around 2 - e existing communities in order to preserve surrounding open space and agricultural land, as well as environmentally sensitive areas. 2. Growth directed to where infrastructure canacitv is available or committed including, but not limited to, freeway, transit, water, solid waste disposal and sewage treatment, and where natural resources will not be overburdened, and discourage urban growth in unincorporated areas. 3 _ Development patterns and policies that discourage long distance. single- occupant automobile commuting and increase resident access to employment, shopping and recreation by transit or other non-auto means. 4. Finn urban growth boundaries, with streamlined procedures that permit and direct development vvithin these boundaries. 5. Increased housing supply, with a range of types and affordability and a suitable living environment to accommodate current and future workers and households. ..... 6. Lom!;-tenn protection and enhancement of agricultural. land. ecolol2icallv sensitive areas and ooen snace, and of other irreplaceable natural resources necessary to the health, economy and well-being of present and future generations, and to the sustainable ecology of the region. to Economic development which provides jobs for current and future residents, increases the tax base, supports and enhances California's position in the global marketplace, and helps provide the resources necessary to meet vital environmental, housing, transportation and other needs. 7. The entire Project is scheduled to be completed by the end ofJuly, 1995. NIEMORANDUM OF UNDERSTAt"\IDING: '-':,.'- '-q.~;".~ . . ..,~. .. The purpose of the MOV is to fonnalize the organizational framework for implementing the Project. A draft MOV [attached to Exhibit A] has been prepared for consideration by each Tri- Valley jurisdiction. This draft MOV would need to be executed by and between the member jurisdictions of the Tri.valley Council. The draft MOD will also serve to establish the responsible party for financial oversight of funds expended in conjunction with the Project. The City of San Ramon has offered to perfonn this function. The MOD states that the public agencies entering into the MOV do not intend to create an agency or entity separate from those public agencies. The draft MOD suggests that the name of the Tri-Valley Council Comprehensive Subregional Planning Committee (the Tri- Valley Planning Committee) be changed to the "Tri- Valley Planning Council". The draft MOD would delegate Project administration to the Tri-Valley Planning Council (planning Council). The Planning Council would be comprised of one elected member of each member jurisdiction of the Tri-Valley Council. The representatives would be appointed and serve at the pleasure of their respective board or council. The Planning Council me~bers would have the responsibility to report to their respective board or 3 e e council on a routine basis to keep them infonned of the progress and to receive input. Each Planning Council member would have equal voting privileges. However, members would be directed by the draft MOU to attempt to reach consensus following full discussion. The Planning Council would be authorized and directed to perform all acts necessary or desirable to execute and administer the draft MOU, including, but not limited to, 1) selecting and retaining a consultant to prepare the draft subregional strategy; 2) authorizing, evaluating and monitoring the expense of preparation of the strategy; and 3) other actions consistent with the draft MOll. The draft MOU also establishes a technical advisory committee made up of one staff member from each member jurisdiction, with one staff member serving as chairperson. POTENTIAL CONCERNS WIlli DRAFT MOU: 1. Voting At the Tri- Valley PlaMing Committee meeting on January 30, 1995, Cm. Moffatt raised concerns regarding the voting provisions in the draft MOU. The draft MOU provides that voting shall be by simple majority of those representatives present, with a quorum of four members required. Three representatives could po~ntially take action on the Proj ect. The City Council may want to request that the adoption of the draft subregional strategy be by unanimous vote of all representatives. This may help ensure that each agency's concerns are adequately addressed. 2. Name of the body preparing the draft subregional strate~ies: The draft MOD suggests that the body responsible for preparing the draft subregional strategy be named the "Tri-Valley Planning Council", Such a name may create the public perception that the body would be semi-autonomous and independent of the Tri- Valley Council member agencies. That perception would be contrary to the stated purpose of the MOll. The Tn-Valley Council member agencies do not intend to create another agency or separate entity. The City Council may want to request that the body be named the "Tri-Valley Planning Committee", Such a name may better meet the purpose of the MOU. It may help clarify the role of the body as subordinate to and dependent on the Tri- Valley Council member agencies. The Tn-Valley Council originally formed the Ad Hoc Subregional Planning Committee. The resolution previously adopted by the City Council supported a Tri- Valley PlaMing Committee [see Attachment I ]. ABAG :MENU OF SUBREGIONAL LAND USE POLICIES ABAG has prepared a menu of 129 subregional land use policies for local agency consideration. The menu has a checklist for the local agency to indicate its level of commitment to the individual policy: (support/would consider/don't support/ not applicable). The menu does not discuss the local implications ofthe commitment. As part of this Project, the ABAG staff has asked each agency representative to consider, at his/her option, completing the menu checklist. If the City Council decides to participate in the Project, the City Council may want to provide direction to its representative, alternate, and Staff on how to provide input on the menu. 4 e e CONCLUSION: Staff recommends that the City Council provide direction regarding to what extent the City should participate in the Project. Iffull participation is desired, Staff recommends that the City Council: 1. appoint a representative and an alternate 2. provide direction regarding the amount of Staff participation (such as approximately 4 hours/week to a maximum of approximately 100 hours). 3. provide direction regarding any necessary revisions to the draft MOU 4. adopt the Resolution adopting the MOU with any necessary revisions 5. provide direction regarding input on the menu of subregional land use policies. a (g:\agendasl2'13=r) 5