HomeMy WebLinkAboutMINUTES - 08032004 - C.17 TO: BOARD OF SUPERVISORS
FROM: DENNISM. BARRY, AICD ` ` Contra
COMMUNITY DEVELOPMENT DIRECTOR Costa
DATE: August 3, 2004 {county
'o,17
SUBJECT: Reauthorization of Measure C-88,a Local Sales Tax for Transportation Improvements and
Growth Management
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. FIND Ordinance 2004-32 exempt from the California Environmental Quality Act;
2. ADOPT Ordinance 2004-32 calling a special election for voter approval of a 25-year
extension of the Measure C-88 local transportation sales tax (see Attachment 1),
WAIVE reading; and
3. DIRECT the Community Development Department staff to file the Notice of Exemption
with the County Clerk and as appropriate post the Notice of Exemption.
FISCAL. IMPACT
The cast of the election is estimated to be approximately $650,000. The Contra Costa
Transportation Authority shall reimburse the County for all costs of conducting this election.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Ordinance No. 2004-32 gives direction to the County Elections Office to place a 25-year
extension of the Measure C-88 local transportation sales tax on the November 2,2004 ballot,
pursuant to Public Utilities Code Section 180201, as requested by the Contra Costa
Transportation Authority(Authority). This action completes a two-year process to develop a
Transportation Expenditure Plan (TEP)for extension of Measure C-88,the existing one-half
of one percent local transportation sales tax approved by county voters in November 1988.
CONTINUED ON ATTACHMENT: X YES SIGNATURE .
REZOMME07TION c F COUNTY ADMINISTRATOR MOMMENDATION OF BOARD COMMITTE
APPROVE ,OTHER
SIGNATURE S
ACTION OF BOAR ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE.
UNANIMOUS (ABSENT 06 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: StevenGoetz (925/335-1240)
cc: County Counsel ATTESTED
Clerk-Recorder, Elections Division JOHN SWEETEN, CLERK OF
Contra Costa Transportation Authority (via CDD) THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
gAtransportation\board orders&greenies12004trneasurec.election.2.doc
y
REAUTHORIZATION OF MEASURE C-88,A LOCAL SALES TAX FOR TRANSPORTATION IMPROVEMENTS AND GROWTH
MANAGEMENT
August 3, 2004
Page 2
BACKGROUNDIREASONS FOR RECOMMENDATIONS (Continued)
The Authority's request includes Ordinance No. 04-02 and a new TEP (see Attachment 2),
which recently were adopted by the Authority and which will appear in the voter information
handbook. The TEP includes proposed project and program expenditures that total$2 billion,
reflecting the revenues estimated to be generated from a 25-year extension of the current sales
tax and revisions to the Authority's Growth Management Program that would take affect on
April 1, 2000. Subject to voter approval, Ordinance No. 04-02 amends the original ordinance
that established the sales tax and extends the sales tax to March 31, 2034.
On July 27, 2004, the Board introduced Ordinance No. 2004-32 since the Authority's
request met the requirements of state law. The Authority completed review of this project
under the California Environmental Quality Act(CEQA). The Board of Supervisors and all
nineteen of the cities in Contra Costa County have approved the TEP.
To call an election by ordinance, as required by Public Utilities Code Section 180201 and
180203, at least five days must elapse between introduction and adoption of the ordinance.
The Board action today to adopt the ordinance follows seven days after its introduction.
The Department has determined that the Board's approval of this ordinance is a ministerial
activity that is exempt from CEQA(Public Resources Code Section 21080(b)(1)). A Notice
of Exemption is included as Attachment 3. County Counsel prepared Ordinance No.2004-
32 and has reviewed the supporting material.
List of Attachments
Attachment 1: Ordinance No. 2404-32
Attachment 2: Contra Costa Transportation Authority Ordinance No.04-02
Attachment 3: Notice of Exemption
ORDINANCE NO. 2004-32
(Calling of Special Election for Voter Approval of Extension of Local Sales Tax for
Transportation Purposes)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION 1. SUMMARY. This ordinance calls a special election, at the request of the
Contra Costa Transportation Authority, referred to as the "Authority," for the purpose of
submitting to the voters for approval the continuation of a one-half of one percent sales
tax for the transportation projects described in the tax ordinance and county
transportation expenditure plan previously adopted by the Authority.
SECTION 11. RECITALS AND FINDINGS. This ordinance is made with reference to
the following recitals and findings:
Local highway and transportation improvements in Contra Costa County are
needed to address the serious countywide traffic congestion that threatens the
economic viability of the area and adversely impacts the quality of life therein.
In order to deal with current and future local transportation maintenance and
improvement needs, local jurisdictions need to develop and implement local funding
programs that go significantly beyond current federal and state funding, which is
inadequate to resolve these problems.
It is in the public interest, under the Local Transportation Authority and
Improvement Act (Public Utilities Code Section 180000 and following), to allow the
voters in Contra Costa County to implement and continue a retail transactions and use
tax ordinance for the purpose of funding a transportation expenditure plan to raise
additional local revenues to provide transportation improvements and maintenance and
to meet local transportation needs in a timely manner.
On August 3, 1988, the Authority unanimously passed and adopted the Contra
Costa Transportation improvement and Growth Management Ordinance (Ordinance
No. 88-01). The purpose of that ordinance was to establish and implement a one-half
of one percent retail transactions and use tax (sales tax) in Contra Costa County. The
ordinance became effective on November 8, 1988, the day it (Measure C)was
approved by a majority of the voters in that election. The ordinance thereafter became
operative on April 1, 1989, and the imposition of the tax currently is set to expire on
March 31, 2009.
The expenditure of the revenues derived from the sales tax is governed by the
terms and conditions of a county transportation expenditure plan ("TEP"). The Authority
adopted the original 1988 TEP after the Contra Costa County Board of Supervisors and
a majority of the cities within the county having a majority of the population within the
ORDINANCE NO. 2004-32
1
incorporated portion of the county approved the TEP, subject to the voters' subsequent
approval of the retail transactions and use tax at the November 8, 1988 general
election.
On May 26, 2004, the Authority adopted a new draft TEP utilizing revenues from
a proposed extension of Measure C and approved Ordinance No. 04-02 which would
authorize, subject to approval by two-thirds of the electorate on November 2, 2004, an
extension of the one-half of one percent local transportation sales tax covering the
period from April 1, 2009 through March 31, 2034.
As of July 21, 2004, all of Contra Costa's nineteen cities and towns representing
100 percent of the incorporated area population, and the Contra Costa County Board of
Supervisors, have approved the new TEP prior to its final approval by the Authority
Board and in order for Ordinance No. 04-02 to be placed on the November 2, 2004
ballot.
On July 21, 2004, the Authority Board approved the new TEP (The Measure C
Extension, Contra Costa's Transportation Sales Tax Expenditure Plan) for the sales tax
extension authorized by Ordinance No. 04-02 and requested that the Contra Costa
County Board of Supervisors place Ordinance No. 04-02 and the extension of the local
transportation sales tax on the November 2, 2004 ballot.
SECTION III. CALL OF SPECIAL ELECTION. At the request of the Authority,
pursuant to Public Utilities Code sections 180201 and 180203, the Board of
Supervisors hereby calls a special election for the purpose of submitting the following
proposition to the voters of the incorporated and unincorporated territory of Contra
Costa County for approval:
"Shall voters approve a Transportation Expenditure Plan to extend and
improve the BART system, add a Fourth Bore to the Caldecott Tunnel and
improve Highway 24, widen and improve Interstate 80, 680 and Highway
4, maintain and improve local streets and roads, improve transit for
seniors and disabled persons, and authorize a 25-year continuation of the
local half-cent sales tax to implement the Transportation Expenditure
Plan, which shall not increase the current sales tax?"
SECTION IV. CONSOLIDATION. Said election shall be consolidated with the
Statewide General Election to be held on November 2, 2004.
SECTION V. CONDUCT OF ELECTION. Pursuant to Public Utilities Code Section
180203(b), the County Clerk (Elections Clerk) shall conduct said election in the same
manner as provided by law for the conduct of special elections by a county.
SECTION VI. SAMPLE BALLOT AND VOTER HANDBOOK. Pursuant to Public
Utilities Code Section 180203(c), the sample ballot to be mailed to the voters shall
ORDINANCE NO. 2004-32
2
contain the full proposition, as set forth in Section Ili of this ordinance, and the voter
information handbook shall include the entire county transportation expenditure plan
(The Measure C Extension, Contra Costa's Transportation Sales Tax Expenditure Plan)
and the tax ordinance (Ordinance No. 04-02) referred to in Section li of this ordinance.
SECTION Vll. ELECTION COST. Pursuant to Public Utilities Code section 180203(x),
the Authority shall reimburse the County for all costs of conducting said election.
SECTION Vill. EFFECTIVE DATE. This ordinance becomes effective immediately
upon passage and within 15 days after passage shall be published once with the
names of supervisors voting for and against it in the CONTRA COSTA TIMES, a
newspaper published in this county.
PASSED on August 3 , 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: John Sweeten, Clerk of the Board
of Supervisors and County Administrator
By:
puty Clerk _......,sw. ;
Board Chair
[SEAL]
DFS/
WE-Mai!AttachmentsWeasure G ordinance 7-27-04.doc
ORDINANCE NO. 2004-32
3
ATTACHMENT 2
0111G11V
CONTRA COSTA TRANSPORTATION AUTHORITY
ORDINANCE NO. 04-02
Authorizing the Amendment of the Contra Costa Transportation Improvement and
Growth Management Ordinance(No. 88-01),as amended,the Continuance of the
Existing Measure C Sales Tax and the Implementation of New Transportation
Expenditure Plan
Preamble:
A. On August 3, 1988,the Contra Costa Transportation Authority("Authority")
unanimously passed and adopted the Contra Costa Transportation improvement and
Growth Management Ordinance(No. 88-01). The purpose of that ordinance was to
establish and implement a half-percent retail transactions and use tax in Contra Costa
County. As required by Public Utilities Code Section 180205,the Authority has used the
revenues derived from the transactions and use tax for the construction and improvement
of state highways,the construction,maintenance, improvement and operation of local
streets,roads and highways,and the construction, improvement and operation of public
transit systems. The ordinance became effective on November 8, 1988,the day it was
approved by a majority of the voters in that election. The ordinance thereafter became
operative on April 1, 1989,and the imposition of the tax is currently set to expire on
March 31, 2009.
B. The expenditure of the revenues derived from the sales tax is governed by the terms and
conditions of a sales tax transportation expenditure plan("TEP"). The Authority
originally adopted the TEP after the Contra Costa County Board of Supervisors and a
majority of the cities within the county having a majority of the population within the
incorporated portion of the county approved the TEP,subject to the voters' subsequent
approval of the retail transactions and use tax at the November 8, 1988 general election.
C. The Authority now wishes to amend Ordinance No. 88-01,as amended,by continuing the
existing sales tax in effect for a 25-year period pursuant to Public Utilities Code Section
180201. The Authority also wishes to implement a new TEP in connection with this
extension of the sales tax. Subject to voter approval,the new TEP will become effective
on April 1,2005.
Based on the foregoing,the Authority ordains as follows:
I. PURPOSE. The purpose of this Ordinance is to continue in effect the existing retail
transactions and use tax(conunonly referred to as a"transportation sales tax")through an
amendment to Ordinance No. 88-01. It also authorizes implementation of the new TEP setting
forth the projects and programs to be funded through March 31,2034 during which period this
transportation sales tax is to be imposed and collected.
IL EFFECT OF NEW TEP. The new TEP is attached hereto as Exhibit A and augments the
existing TEP adopted in 1988. The new TEP, as adopted by the Authority, is incorporated herein
by this reference as though fully set forth herein,and as it may be amended from time to time
pursuant to applicable law.
Ordinance No.04-02
Page I of 7
167633-1
111. SPECIFIC AMENDMENTS TO ORDINANCE NO. 88-01. The below-identified
sections of Ordinance No. 88-01 are specifically amended and restated in their entirety as follows
[bracketed text included for information only-no changes made by this ordinance]:
SECTION 1. TITLE. This Ordinance shall be known and may be cited as the"Measure C
Sales Tax Renewal Ordinance(#88-01 as amended by#04-02),"which continues in effect
the existing retail transactions and use tax.
[SECTION 2. EXPEDITURE PLAN PURPOSES. Unchanged.]
SECTION 3. CONTINUATION OF RETAIL TRANSACTIONS AND USE TAX. In
addition to any other taxes authorized by law, there is hereby continued in effect in the
incorporated and unincorporated territory of the County of Contra Costa, in accordance with
the provisions of Part 1.6(commencing with Section 725 1)of Division 2 of the Revenue and
Taxation Code,which provisions are adopted by reference,and Division 19 of the Public
Utilities Code commencing with Code Section 180000,a retail transactions and use tax at the
rate of one-half of one percent(1/2%)for a period not to exceed twenty five years
commencing on April 1,2009,in addition to any existing or future authorized state or local
transactions and use tax.This tax continues in effect the transportation sales tax currently set
to expire on March 31,2009,as approved by the voters as Measure C at the November 8,
1988 general election. Subject to voter approval,the existing retail transactions and use tax is
hereby continued in effect and reimposed at the rate of one-half of one percent(1/2%)for an
additional period of 25 years,commencing on April 1,2009,and continuing through March
31,2034.
A. Amendments. All amendments subsequent to the effective date of this Ordinance to Part
1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which
are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code, and all
amendments to Part 1.6 of Division 2 of the Revenue and Taxation Code,shall automatically
become a part of this Ordinance,provided,however,that no such amendments shall operate
so as to affect the rate of tax imposed by this Ordinance.
B. Enioinna Collection Forbidden. No injunction of writ of mandate or other legal or
equitable process shall issue in any suit,action or proceeding in any court against the State or
the Authority,or against any officer of the State or the Authority, to prevent or enjoin the
collection under this Ordinance,or Part 1.6 of Division 2 of the Revenue and Taxation Code,
of any tax or any amount of tax required to collected.
SECTION 4. REQUEST FOR ELECTION. The Authority requests the Contra Costa
County Board of Supervisors place this Ordinance before the voters for approval on the
November 2,2004 ballot.The proposition to be placed on the ballot shall read substantially
as follows:
"Shall voters authorize implementing a 25-year Transportation Expenditure
Plan to:
Extend and improve the BART system
■ Add a Fourth Bore to the Caldecott Tunnel
■ Widen and improve Interstates 80 and 680 and Highway 4
Ordinance No.04-02
Page 2 of 7
167633-1
• Pay for local street and road maintenance
■ Improve Transit for seniors and disabled persons
Approval authorizes continuation of the '/x-cent transportation sales tax for
implementation of the Transportation Expenditure Plan and shall not
increase current sales tax."
The election shall be called and conducted in the same manner as provided by law for the
conduct of elections by a county. Pursuant to Section 180203(c)of the Public Utilities Code,
the sample ballot to be mailed to the voters shall be the full proposition, as set forth in the
ordinance calling the election,and the voter information handbook shall include the entire
new TEP as adopted by the Authority. Approval of the above proposition,and the imposition
of the extension of the Measure"C"retail transactions and use tax described herein,shall
require the affirmative vote of at least two thirds of the electors voting on the attached
proposition at the election described in this section.
SECTION 5. TRANSPORTATION IMPROVEMENT PROGRAM PURPOSES. The
revenues made available for specified highway,transit and trail projects and programs shall
be allocated in accordance with the Expenditure Plan,subject to the following provisions:
A. For all projects:
I. No revenues shall be allocated for any state projects until the Authority has certified
that Contra Costa is receiving, at a minimum, its fair share of funds from state and
federal sources for transportation projects and programs. The determination of fair
share shall consider all relevant factors including the degree to which the Contra
Costa region is receiving its statutory county minimum funding for all budgeted,
expended, and programmed state funds and federal funds available for capital
projects and operating subsidies. The policies and project approval actions of the
California Transportation Commission, the State Department of Transportation
(hereafter referred to as Caltrans) and the federal Department of Transportation (e.g.
Federal Highway Administration and Urban Mass Transportation Administration)
will also be reviewed to ensure that Contra Costa is receiving full consideration in the
allocation of any additional uncommitted state and federal funding. Part of the
certification shall include a finding that the state has not reduced any state fund
allocations to the Contra Costa region as a result of the addition of any local revenues
as provided herein.The certification shall be made annually.
2. If the Authority finances the construction of transportation facilities by the issuance
of bonds or any similar financing device, the Authority shall first allocate the funds
necessary to meet all debt service requirements.
3. Each project shall have a local jurisdiction(s) or special district as a sponsor of the
project. If there is no local jurisdiction or special district as a project sponsor for a
specific Project or Program, the Authority shall be the sponsor for that Project or
Program.
Ordinance No.04-02
Page 3 of 7
167533-1
4. All state improvements to be funded with revenues as provided in this Ordinance,
including project development and overall project management, shall be a joint
responsibility of Caltrans, the Authority and the affected local jurisdiction(s) or
special district(s). All major project approval actions including the project concept,
the project location, and any subsequent change in project scope shall be jointly
agreed upon by Caltrans, the Authority and the project sponsors, and where
appropriate, by the Federal Highway Administration and/or the California
Transportation Commission.
5. The Authority may use the proceeds of this Ordinance to accelerate projects which
are anticipated to be funded through the State'Transportation Improvement Program
(STIP). It must be demonstrated by Caltrans that a meaningful acceleration can be
accomplished using Authority funds and the State must commit to refunding those
proceeds in dollars or in the acceleration or completion of other Expenditure Plan
Projects and Programs and/or STIP projects.
In the event that the refund of acceleration funds impacts the implementation of any
Expenditure Plan Project or Program, the Authority shall amend the Expenditure Plan
under Section 8.
6. Any local funds already allocated, committed or otherwise included in the financial
plan for any project on the Expenditure Plan shall be made available for project
development and implementation as required in the project's financial and
implementation program. All local jurisdictions and special districts are encouraged
to seep all available funding from private and public sources to further the purposes
of the Expenditure Plan and this Ordinance.
B. For Highway Projects: Once any state highway facility or usable portion thereof is
constructed to at least minimum acceptable state standards, the state shall be responsible
for the maintenance and operation thereof.
C. For Transit Projects: Prior to the construction of any transit facility or usable portion
thereof, the Authority, in cooperation with affected transit operators and agencies, shall
determine the entity to be responsible for the maintenance and operation thereof.
D. For Trail Projects: Prior to the construction of any trail facility or usable portion thereof,
the Authority, in cooperation with affected agencies, shall determine the entity(ies) to be
responsible for the maintenance and operation thereof.
[Former sections 5E and 5C will be incorporated into the existing 1988 Measure C
TEP.]
[SECTION 6. TRANPORATION IMPROVEMENT PROGRAM PROCEDURES.
Unchanged. This section deals with local jurisdiction"maintenance of effort"
requirements.]
Ordinance No. 04-02
Page 4 of 7
167633-1
SECTION 7. GROWTH MANAGEMENT PURPOSES AND PROCEDURES. For the
Transportation Expenditure Plan applicable to the revenues from the extension of the sales
tax,compliance with the growth management program is required for the receipt of Local
Street Maintenance and Improvement Funds and Transportation for Livable Communities
funds.The Growth Management Program defined by the original Ordinance 88-01 continues
in effect along with its linkage to Local Street Maintenance and Improvement funds through
FY 2008--09.
[SECTION 8.AMENDMENTS TO THE EXPENDITURE PLAN AND ORDINANCE.
Unchanged.]
[SECTON 9. AMENDMENTS TO THE ORDINANCE. Unchanged.]
[SECTION 10. AUTHORITY COMMITTEES. Unchanged.]
[SECTION 11. PRIVATE SECTOR FUNDING. Unchanged.]
SECTION 12. BONDING AUTHORITY. This section incorporates by reference all of the
relevant provisions contained in Public Utilities Code Sections 180200("Pay-as-you-go"
financing)and 180250 through 180264. This Ordinance authorizes the Authority to issue
limited tax bonds to finance capital outlay expenditures as may be provided for in the adopted
transportation expenditure plan,payable from the proceeds of the tax. In accordance with
Public Utilities Code Section 180250(b)the maximum bonded indebtedness which may be
outstanding at any one time shall be an amount equal to the sum of the principle of, and
interest on,the bonds,but not to exceed the estimated proceeds of the tax,as determined by
the plan. The amount of bonds outstanding at any one time does not include the amount of
bonds,refunding bonds,or bond anticipation notes for which funds necessary for the payment
thereof have been set aside for that purpose in a trust or escrow account..
[SECTION 13. ADMINISTRATIVE E"ENSES. Unchanged.]
[SECTION 14. ESTABLISHMENT OF SEPARATE ACCOUNTS. Unchanged.]
[SECTION 15. IMPLEMENTING ORDINANCES. Unchanged.]
SECTION 16. EFFECTIVE AND OPERATIVE DATES. If at least a two-thirds
majority of the electors voting on this measure at the election scheduled for November 2,
2004 vote to approve this Ordinance,then it will become effective the next day on November
3,2004. If so approved,this Ordinance becomes operative on April 1, 2005 pursuant to
Public Utilities Code Section 180204(a).
[SECTION 17.DESIGNATION OF FACILITIES. Unchanged.]
[SECTION 18.CONTRACTS,LOCAL PREFERENCE. Unchanged.]
[SECTION 19. SEVERABILITY. Unchanged.]
[SECTION 20.ANNUAL APPROPRIATIONS LIMIT. Unchanged.]
[SECTION 21.COORDINATION. Unchanged.]
Ordinance No. 0402
Page 5 of 7
157633-1
[SECTION 22.ALLOCATION OF RELEASED FUNDS. Unchanged.]
[SECTION 23.ALLOCATION OF EXCESS FUNDS. Unchanged.]
[SECTION 24.TRANSPORTATION AUTHORITY EMINENT DOMAIN.
Unchanged.]
SECTION 25. SUNSET OF THE AUTHORITY. INTENTIONALLY OMITTED.
[This section terminated the Authority in the event the tax slid not receive approval by
the voters in 1958.]
SECTION 26. CALDECOTT TUNNEL. INTENTIONALLY OMITTED. [Ordinance
88-01 encouraged the Authority to secure state and federal funds for the tunnel, and
authorized loaning money to the state for delivery. These provisions are no longer
necessary.]
SECTION 27. MAJOR ARTERIALS. INTENTIONALLY OMITTED.[This section
dealt with defining the Southwest Arterials category and arterial funding from the I-680
category. It will be moved to the existing 1988 TEP.]
SECTION 28. DEFINITIONS.
A. Authority. Means the Contra Costa Transportation Authority. The Authority shall
continue in effect as currently constituted. The Authority has all of the powers set forth
in Division 19 of the Public Utilities Code(commencing with Section 180000).
B. Bicycle and Pedestrian Trail Facilities. Means all purposes necessary and convenient to
the design,right-of-way acquisition and construction of facilities intended for use by
bicycles and pedestrians. Bicycle facilities shall also mean facilities and programs that
help to encourage the use of bicycles such as secure bicycle parking facilities,bicycle
promotion programs and bicycle safety education programs.
C. Bonds. Means indebtedness and securities of any kind or class, including but not limited
to bonds,notes,revenue anticipation notes,commercial paper,and certificates of
participation.
D. Comprehensive Transportation Plan. Means the long;-range transportation-planning
document prepared and adopted by the Authority and updated from time to time.
E. Expenditure Plan. Means the expenditure plan required by Section 180206 of the Public
Utilities Code to be adopted prior to the call of an election on this Ordinance. The
expenditure plan includes the allocation of revenues for each authorized purpose. As of
April 1,2004,the 2004 Transportation Expenditure Plan augments the expenditure plan
adopted in 1988. Any reference to"Expenditure Plan"in this Ordinance,unless the
context otherwise requires,refers to the 1988 and 2004 plans.
F. Highways and Arterials. Means all purposes necessary and convenient to the design,
right-of-way acquisition,and construction of highway and arterial street facilities,
including all interstate highway routes and any other facilities so designated in the
Expenditure Plan.
Ordinance No.04-02
Page 6 of 7
167633-1
G. Focal Street Maintenance and Improvements. Means all purposes necessary and
convenient to the maintenance,operation and construction of local streets and roads and
transit purposes. focal street and road purposes shall include all purposes allowable
under Article XIX,Section 1(a)of the State Constitution.
H. Transit. Means all purposes necessary and convenient to the construction,operation and
maintenance of transit services and facilities including the acquisition of vehicles and
right-of-way. Transit services include,but are not limited to,bus,light rail,rapid transit
and commuter rail services and facilities.
Passed and adopted by the Contra Costa Transportation Authority on May 26,2004 by the
following vote:
AYES: Amy Worth(Chair),Janet Abelson(Vice-Chair),Charlie Abrams,Maria Alegria,Donald
P.Freitas,John Gioia,Federal Glover,Brad Nix,Julie fierce,Karen Stepper,Kris Valstad
NOES:None.
ABSENT:None
By: (�I �
Name: y Worth l'�L�.
Title: Chairperson
EXHIBIT A: 2004 TRANSPORTATION EXPENDITURE PLAN
Ordinance No. 04-02
Page 7 of 7
167633-1
ATTACHMENT 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street,4th Floor-North Wing,McBrien Administration Building
Martinez,CA 94553-0095
Telephone: (925)335-1240 Contact Person: Steven L. Goetz
Project Description, Common Name(if any) and Location: Adoption of Ordinance No. 2004-32 calling a special
election for voter approval of continuation of the Measure C-88 local sales tax for transportation purposes.
This project is exempt from CEQA as a:
X Ministerial Project(Sec. 15268) Other Statutory Exemption, Section
Declared Emergency(Sec. 15269(x)) _ General Rule of Applicability(Section 15061(0)(3))
_ Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption, Class Section
for the following reason(s): The Contra Costa Transportation Authority submitted a request to
the Board to place the continuation the Measure C-88 transportation sales tax on the November
2,2004 ballot.The Board's decision to adopt Ordinance No.2004-32 involved only the use of
fixed standards and objective measurements. The Authority's request met the requirements of
state law. The Authority completed review of this project under the California Environmental
Quality Act(CEQA). The Board of Supervisors and all nineteen of the cities in Contra Costa
County have approved the project. In this case,the Board's decision is ministerial pursuant to
CEQA Guidelines Section 15258(a) and Public Resources Code Section 21080(b)(1).
Date: Au suit 3,,2004 By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POS'T'ING
I declare that on I received and posted this notice as required by California Public Resources
Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
County Clerk Fee$25 Due Receipt
gAtransportation\hoard orders&greenies\20041measures.election.2.attachment3.dec