Another Update on BNC’s Efforts to Ensure that Neighborhoods Have Notice About What Outside Agencies are Planning that Affects Their Daily Lives
eNEWS readers will recall that BNC filed a complaint with the Open Government Commission way back in September 2013 regarding the lack of information provided to residents about the “One Bay Area Plan.” (Note: All eNEWS back issues are available on our website, www.berkeleyneighborhoodscouncil.com, just click BNC eNEWS Archive.)
The long and short of it over these many months is that:
- We filed a complaint about the lack of information that would have provided an opportunity for residents to comment on Plan Bay Area, the regional plan approved by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) to guide land use and transportation in the Bay Area through 2040. Our local Open Government Commission did not uphold our complaint.
- We made specific suggestions for amendments to the Open Government Ordinance which would better ensure citizen access to required reports to the public by our elected officials. The Commission by and large accepted those suggestions, but as of this date have not sent them to the Council for adoption.
- We asked the Open Government Commission to include City Staff in the list of those who are required to file reports to the public when they represent the City of Berkeley at a meeting of a regional agency.
On July 17, 2014, the Open Government Commission discussed our request regarding City Staff and accepted our recommendations as follows:
- The new reporting requirements for staff will apply to meetings of the Lawrence Berkeley National Laboratory Community Advisory Group and the Hills Emergency Forum
- The new reporting requirements for elected officials apply to meetings of:
- Alameda-Contra Costa Transit District
- Alameda Contra Costa Transportation Commission
- Alameda County Mosquito Abatement District
- Alameda County Transportation Improvement Authority (ACTIA)
- Alameda County Waste Management Authority
- Association of Bay Area Governments (ABAG)
- Joint Powers Agreement — East Bay Sports Field Recreation
- Joint Powers Authority — Lead Abatement
- League of California Cities, East Bay Division
- Metropolitan Transportation Commission (MTC)
- Water Transit Authority Advisory Committee
- Oakland Airport Noise Forum
- East Bay Green Corridor Partnership
Stay tuned for what happens next regarding your right-to-know.
Readers will also recall that a group called Bay Area Citizens, represented by Pacific Legal Foundation, filed a lawsuit against Plan Bay Area. They argued that:
- the Plan was unneeded because California laws reducing the carbon content of fuels and requiring cars and trucks to get better gas mileage would lower greenhouse gas emissions, and
- compact development (“stack and pack”) along transit corridors would restrict property rights and have little environmental impact.
Judge Evelio Grillo, Alameda County Superior Court, ruled in early July that Bay Area agencies found that if they did not adopt a regional housing and transit plan, the result would be
less residential and employment density, which would result in less transit ridership, greater vehicle delay generally, and greater congested vehicle miles per capita.
This, in turn would result in the Bay Area agencies being unable to meet emissions-reduction goals set by the State Air Resources Board.
Pacific Legal Foundation has indicated it would appeal Judge Grillo’s decision. The attorney for Pacific Legal Foundation said that the Bay Area Citizens group doesn’t agree that State law requires a regional plan that encourages compact development along transit corridors and that the Air Resources Board reinterpreted the law without public notice or comment.
For sure, more news regarding Plan Bay Area will come.