RECOMMENDATION(S): (CONT'D)
3. APPROVE the completed Biennial Compliance Checklist (Checklist) in substantially the form presented (see Exhibit C) and FIND that the County's policies and programs conform to the requirements for compliance with the Contra Costa Transportation and Improvement and Growth Management Program as established by Measure C in 1988 and reauthorized by Measure J in 2004; and
4. AUTHORIZE the Chair of the Board of Supervisors to sign the completed Checklist.
FISCAL IMPACT:
Adoption of the CIP for Parks and Sheriff Facilities and the approval of the Checklist will qualify the County to receive its Fiscal Year 2011/2012 and 2012/2013 allocations of Measure J "return to source" revenue, estimated to be approximately $2 million annually.
The Contra Costa Transportation Authority (CCTA), as the County's Congestion Management Agency, also uses the Checklist to demonstrate compliance with the State Congestion Management Act (Government Code §65088 et. seq.). The state will withhold a portion of the state gas tax (Street and Highways Code §2105) to cities and counties that fail to comply with the Congestion Management Act. The County receives approximately $4.5 million annually from this revenue source which is dedicated for transportation purposes.
BACKGROUND:
Measure J Growth Management Compliance
The County biennially submits a compliance checklist to CCTA to receive the County's portion of the 18 percent of sales tax funds available for local street maintenance and improvements.
Two related actions must precede completion and submittal of the Checklist:
1. CEQA review of the proposed 2012-2018 Capital Improvement Program (CIP) for Parks and Sheriff Facilities; and
2. Adoption of the CIP for Park and Sheriff Facilities.
To comply with CEQA, DCD staff has found pursuant to adopted County CEQA Guidelines that the CIP for Parks and Sheriff Facilities is not a project subject to CEQA (see Exhibit A). This follows from the general rule that CEQA applies only to projects that have the potential to cause significant adverse effects to the environment. All capital facilities programmed are either fully committed, constructed, awaiting occupancy, or undergoing separate environmental review. Under the provision of §15061(b)3, of the State and County CEQA guidelines, it can be seen with certainty that there is no possibility that adoption of the CIP for Parks and Sheriff Facilities could have a significant effect on the environment.
The CIP for Parks and Sheriff Facilities (see Exhibit B) was prepared as part of the County's Development Mitigation Program. The CIP is authorized by Implementation Measure 4-n of the County General Plan. Any capital project sponsored by the County and necessary to maintain adopted levels of performance must be identified in a CIP with a minimum programming period of five years. Funding sources for the complete cost of the improvements, and phasing, if any, must also be identified in the CIP. The CIP demonstrates that development anticipated between 2012-2018 will maintain compliance with the performance standards for parks and sheriff facilities. A seven-year programming period is used to be consistent with the County's other capital improvement programs.
Table 5 of the CIP shows no expansion of sheriff facilities is proposed for the seven-year period for patrol and investigation use. The existing "surplus" capacity is expected to be sufficient to accommodate population growth during this period.
The CY 2010 and 2011 Checklist covers the compliance reporting period from January 1, 2010 to December 31, 2011. The County has satisfied all Checklist requirements during the 2010 and 2011 CYs. Although traffic LOS standards will no longer be a requirement under Measure J, the County will continue to monitor LOS at representative intersections. Previous LOS monitoring did not show that the representative intersections were under any threat of substandard performance (all operating at LOS A). Therefore, absent deficient performance no further action would be necessary.
Performance standards for other urban services in the unincorporated area were maintained. The County implemented all the required plans, programs and ordinances for mitigating local and regional transportation impacts of development projects, implemented the adopted Housing Element, and constructed the necessary capital improvements for urban services.
The growth management provisions of the County General Plan comply with the new requirements of Measure J. County voters approved an ULL in 2006 and the County complied with the provisions of the referendum during 2010 and 2011. The Board of Supervisors has participated in or taken actions during the reporting period consistent with the multi-jurisdictional transportation planning process established by Measure J.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt the CIP for Park and Sheriff Facilities or approve the Checklist will prevent the County from qualifying for its Fiscal Year allocation for 2011/2012 of "return to source" funds and §2105 state gas tax funds. Funds will be available for allocation beginning June 30, 2012.
CHILDREN'S IMPACT STATEMENT:
No impact.