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    6.    
TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Meeting Date: 02/11/2016  
Subject:    CONSIDER report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate.
Department: Conservation & Development  
Referral No.: 1  
Referral Name: REVIEW legislative matters on transportation, water, and infrastructure.
Presenter: John Cunningham, DCD Contact: John Cunningham (925)674-7833

Information
Referral History:

This is a standing item on the Transportation, Water, and Infrastructure Committee referral list and meeting agenda.

Referral Update:

In developing transportation related legislative issues and proposals to bring forward for consideration by TWIC, staff receives input from the Board of Supervisors (BOS), references the County's adopted Legislative Platforms, coordinates with our legislative advocates, partner agencies and organizations, and consults with the Committee itself.

Recommendations are summarized in the Recommendation(s)/Next Step(s) section at the end of this report and specific recommendations are underlined in the report below. This report includes three sections, 1) LOCAL, 2) STATE, and 3) FEDERAL.

1) LOCAL

Transportation Expenditure Plan (TEP)
Background: The Contra Costa Transportation Authority (Authority) has been in the process of developing both the 2014 Countywide Transportation Plan (CTP) and a Transportation Expenditure Plan (TEP) to potentially be put to a vote in November 2016. A TEP is a statutorily required component of a transportation sales tax. These items are standing item for the foreseeable future. New material below is shown in italics.

As the TWIC has discussed at past meetings, the development of the CTP resulted in a dialog regarding the need for additional revenue for transportation improvements. The outcome of those discussions was to initiate the process to go to the ballot in November 2016 with a new transportation sales tax. The Authority Board approved this activity at their March, 2015 meeting.

At their December meeting, the Contra Costa Transportation Authority decided to suspend development of the CTP. Work on the TEP will continue independent of the CTP.

At previous TWIC and Board of Supervisors (Board) meetings we have discussed the basis on which the Authority is developing the plan, the process, and schedule. The Board has not yet endorsed the proposed transportation sales tax. For background purposes the latest full report to the Board is available at the link below.

September 15, 2015
http://64.166.146.245/docs/2015/BOS/20150915_640/650_09-15-15_826_AGENDApacket.pdf#page=128

TEP Update
In late 2015 the Authority re-assessed the approach they were taking in soliciting input from the Expenditure Plan Advisory Committee, progress was not being made. The Authority subsequently changed the method by which they engaged the EPAC, changing moderators and meeting with various "caucuses" to focus on the various special interests in the County. Noting that "time is running out for a November 2016 ballot measure" the Authority Board agreed to have two Special TEP Board meetings a month for the foreseeable future. These special meetings are being held immediately after the regularly held monthly full Authority Board meeting and Planning Sub-Committee meeting.

As of the distribution of this report, three special meetings have been held. Staff will provide a summary of the direction the process is going at our TWIC meeting. More useful to the Committee, and the BOS, is how the process is evolving relative to the BOS position on the potential sales tax as established in our October 2014, and November 2015 comment letters. The November 2015 letter is attached to this report. That summary is below.

Local Streets and Road/Maintenance Funding: As you may recall, the BOS supported the Regional Transportation Planning Committee's (RTPCs) position on local streets and road funding which ranged from 25-30%. BOS support was inclusive of complete streets concepts.

Status: The Authority continues to work with the Expenditure Plan Advisory Committee (EPAC) and the Pubic Manager's Association (PMA)/City County Engineering Advisory Committee (CEAC) on this issue. A decision has not yet been made but concepts that have been discussed include, increase this funding category but earmark additional funds for specific purposes (bike/ped, complete streets, etc.), make eligibility for the additional funding contingent upon some performance standard related to the use of the funds (again bike/ped, complete streets, etc), and no restriction of the funds has also been discussed. For this last option, it is thought by some that existing, adopted complete streets requirements are sufficient to ensure responsible use of the funds.

As the dialog between the Authority and the PMA/CCEAC group is ongoing, and the County is participating, staff is not independently pursuing this issue.

Accessible Services/Mobility Management: The BOS made several specific recommendations relative to this issue, summarized: provide for a countywide mobility management program (MMP), make eligibility for transit funding be contingent upon participation in the MMP, examine local examples (Santa Clara County) of successful models, ensure existing programs will be kept whole during any transition period.

Status: County staff has been attending both West County and Central/East/ accessible transit meetings with the Authority, advocates, and transit operators on this issue. Discussions have been positive and will continue. There is general support with staff and the CCTA Board for the concepts in the County's November 2015 letter. Some concern during discussion at the Decebmer 2nd CCTA Planning Committee meeting was raised regarding the proposed requirement for transit funding, specifically that eligibility be contingent upon participation in countywide mobility management program. Staff is working to address this concern with Authority staff and will bring further recommendations to the BOS.

Improved Land Use Coordination: The Board requested that the Authority examine the possibility of TEP policies that support development which would reduce congestion.

Status: After initially receiving a somewhat negative response at the December 2nd Authority Planning Committee meeting, general support for the concept seems to be gaining momentum. At the February 3, 2016 Special TEP Authority Board meeting several board members advocated for policies that would support commercial development and jobs in the County. Two issues are discussed, the specific mechanism on how to support this type of development, and ensuring that there is a very clear transportation nexus. There is still substantial concern that, paraphrased is, "...as a transportation agency, the Authority should focus on purely transportation issues...."

Conversion to Vehicle Miles Traveled Metric: The BOS requested that the Authority further examine local implication of a statewide shift away from level of service (LOS) as a traffic impact metric, to vehicle miles traveled (VMT).

Status: At the December 16, 2015 Authority Board meeting the Counties comment was acknowledge. Citing the VMT/LOS issue, the Authority made the decision to suspend development of the Countywide Transportation Plan (CTP). CTP development will continue in 2017 and include a more comprehensive integration of VMT related issues.

Project Priorities: The Board included a list of priorities in our November 2015 communication as seen in the attached.

Status: Specific projects have not yet been discussed during the TEP development process. Staff will continue to engage and pursue these priorities when appropriate.

Bicycle Transportation Issues: The BOS commented that Contra Costa County has the lowest trip-by-bike rate in the Bay Area and that an "aspirational program" would be useful in improving this ranking.

Status: This issue has been discussed between County and Authority staff, there was an acknowledgement that more leadership could be shown in this area. Due to an active advocate community, there is substantial dialog at the Authority regarding improvements to bicycle facilities.


TEP Process
Staff from the County and the Authority continue to communicate as necessary during the development of the TEP and ordinance if the effort is successful.

During the December 2nd Authority Planning Committee meeting, the possibility of the need for a joint CCTA/Contra Costa County BOS meeting was raised. At least one such meeting was held during the Measure C to Measure J process. The Committee and the BOS may wish to discuss this.

RECOMMENDATION: The Committee should DISCUSS local transportation issues of interest to the County and take ACTION as appropriate including making recommendations to the Board of Supervisors at their March 1, 2016 meeting.

2) STATE

Legislative Report
Two reports from the County's legislative advocate, Mark Watts, are attached. Mr. Watts will be present at the February meeting to discuss the state budget, Special Session/Conference Committee, and status of state transportation revenues.

Please note in the February 2016 State Report the effect of the gas tax swap on funding as "catastrophic". Also attached is a California Transportation Commission Letter to the Legislature regarding the Transportation Funding Crisis. As of the writing of this report County staff is working with the California State Association of Counties (CSAC) to respond to this situation. An update will be provided at the February TWIC Meeting.

- - - - - - -
Transportation Funding/Project Impact:

Again, the State gas tax swap is projected to result in the possible deletion or delay of the Contra Costa projects below in the State Transportation Improvement Program:

Contra Costa County

Contra Costa

rail

Walnut Creek BART TOD Intermodal Project

5,300

Contra Costa

rail

Hercules Railroad Station Building

5,100

Contra Costa

80

Central Ave Interchange, Phase 2 (Local Road Realign.)

2,000

Contra Costa

local

Kirker Pass Rd, North Bound Truck Climbing Lane

2,650

Contra Costa

680

Southbound HOV Gap Closure, N Main-Livorna Road

15,557

Contra Costa

80

San Pablo Dam Road Interchange, Phase 2

9,200

Contra Costa

680

Route 4 Interchange, Widen Route 4, Phase 3

36,610


- - - - - - -

County Sponsored Legislation
Senate Bill 632 (Cannella) Prima facie speed limits: schools:
In 2015 Anthony Cannella sponsored this bill which is related to school zones. The original language was developed by the County. The bill was an outgrowth of the County's school siting and safety efforts. SB 632 allows local jurisdictions to expand school zones based on an engineering and traffic survey and modifies statutes related to "when children are present" signage. SB 632 is a two year bill and has returned in 2016.

Due to numerous technical issues raised in the legislation, it was referred to the California Traffic Control Devices Committee. The Committee took the issue up in December 2015 and formed a School Zone Subcommittee to address the issue. The subcommittee had a conference call on January 29th in which County staff participated. The Committee requested data and evidence supporting the need for the legislation. County staff's response to this request is attached.

The Subcommittee is meeting again on February 9th to discuss the legislation.

Other State Legislation of Interest to the County
SB 313 (Monning) Local Government: Zoning Ordinances: School Districts:
This bill was initiated as an agricultural preservation bill requiring school districts, when voting to prempt local city/county zoning ordinance, to make findings demonstrating why that preemption is necessary. This mechanism is similar, if not identical to language submitted by the County to the state legislature in 2014 as a part of our school siting reform efforts. This bill has a new author, previously carried by Cathleen Galgiani it is now lists Bill Monning as the sponsor. The County supported the bill when Galgiani was the sponsor, the recommendation is to again support the legislation.

AB 1665 (Bonilla): Transactions and use taxes: County of Alameda, County of Contra Costa, and Contra Costa Transportation Authority: This bill is addressed in the attached report from Mr. Watts. The bill will be addressed at the February 8th Legislation Committee meeting. Staff will report out the results of that discussion.

AB 1592 (Bonilla): Autonomous Vehicles: Pilot Project: This bill is addressed in the attached report from Mr. Watts. CCTA has requested support from the County. A fact sheet on the bill is attached as is a draft letter for the Committees consideration.

RECOMMENDATION: The Committee should DISCUSS state legislative activities of interest to the County, including specific recommendations noted above and take ACTION as appropriate.


3) FEDERAL
No report in February.

RECOMMENDATION: DISCUSS any federal issues of note and ACTION as appropriate.

Recommendation(s)/Next Step(s):
CONSIDER report on Local, State, and Federal Transportation Related Legislative Issues and take ACTION as appropriate including CONSIDERATION of specific recommendations in the report above.
Fiscal Impact (if any):
There is no fiscal impact.
Attachments
CCC to CCTA Re: TEP - Nov 2015
2016 Transportation Bill Report
February 2016 State Report
DRAFT BOS Support Letter - AB 1592
AB 1592 Fact Sheet
CCC 2016 Positions on Legislation of Interest
CTC Letter to Legislature-State Trans Funding Crisis
CCC Memo to CTCDC Re: School Zones

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