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 2013/2014 and 2014/2015 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:
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 submission of the Checklist:
1. CEQA review of the proposed 2014-2020 Capital Improvement Program (CIP) for Parks and Sheriff Facilities; and
2. Adoption of the CIP for Parks and Sheriff Facilities, pursuant to the requirements of the Measure J Growth Management Program.
CEQA Analysis
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.
Development Mitigation Program
The CIP (see Exhibit B) is adopted pursuant to the requirements of the Measure J Growth Management Program and 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 2014-2020 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. The CIP is a summary of Parks and Sheriff Facilities and was prepared as part of the County's Development Mitigation Program.
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 projected to be sufficient to accommodate population growth during this period.
The CY 2012 and 2013 Checklist covers the compliance reporting period from January 1, 2012 to December 31, 2013. The County has satisfied all Checklist requirements during the 2012 and 2013 CYs. Performance standards for 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.
County voters approved an ULL in 2006 and the County complied with the provisions of the referendum during 2012 and 2013. 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.
County General Plan Growth Management Element and Measure J
In 2012, the Board of Supervisors approved and authorized actions to fulfill compliance requirements of the Growth Management and Improvement Program for Measure J-2004 during the 2010-2011 reporting period, which qualified the County to receive its FY 11/12 and 12/13 share of the transportation sales tax revenue allocation ("return to source") for local streets and road maintenance. Following the board action, County staff forwarded the Calendar Year 2010/2011 Growth Management Compliance Checklist to the Authority for review.
As part of their review of all Checklists, Authority staff compare the Growth Management Elements (GME) submitted by local jurisdictions to the Authority's adopted model GME. At that time, the Authority's review of the County's GME identified a need to include a correspondence table showing how the County's General Plan complies with the Authority's adopted model GME. County staff submitted such a table to Authority staff on June 21, 2012. On July 10, 2012 the Board approved and authorized the correspondence table for inclusion in the County's Checklist. The correspondence table is included as an attachment in Exhibit C.
On July 17, 2012 the CCTA Board reviewed and approved the County's checklist with the correspondence table, signifying full compliance with the Growth Management Program and authorized release of the County's FY 12/13 share of Local Street Maintenance and Improvement ("return to source") funds in the estimated amount of $2,056,708.
On October 15, 2013, the County Board of Supervisors authorized the General Plan Amendment study for the 5th cycle Housing Element Update which will trigger a review and update of the County's Growth Management Element to incorporate the correspondence table, pursuant to CCTA's letter dated July 25, 2013 (Exhibit D).
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 2013/2014 of "return to source" funds and §2105 state gas tax funds. Funds will be available for allocation beginning June 30, 2014.
CHILDREN'S IMPACT STATEMENT:
No Impact.