HomeMy WebLinkAboutMINUTES - 04132010 - SD.4RECOMMENDATION(S):
1. FIND that the proposed 2010-2016 Capital Improvement Program (CIP) for Parks and
Sheriff Facilities is not a project subject to the California Environmental Quality Act (see
Exhibit A);
2. ADOPT the 2010-2016 CIP for Parks and Sheriff Facilities (see Exhibit B);
3. APPROVE the completed Biennial Compliance 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 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.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Jamar Stamps,
925-335-1220
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Steve Goetz, DCD , Patrick Roche, DCD , Steve Kowalewski, PWD , Mike Carlson, PWD , John Greitzer, DCD , John Cunningham, DCD , Frank
Scudero, Sheriff-Cor , Susan Cohen, PWD , Kara Douglas, DCD
SD. 4
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:April 13, 2010
Contra
Costa
County
Subject:Biennial Compliance Checklist and Capital Improvement Program for Measure C-1988 and Measure J-2004
Growth Management Program.
FISCAL IMPACT:
Adoption of the CIP for Parks and Sheriff Facilities and the approval of the Biennial
Compliance Checklist (Checklist) will qualify the County to receive its Fiscal Year
2009/2010 and 2010/2011 allocations of Measure C “return to source” revenue and
Measure J "return to source" revenue, estimated to be approximately $2 million annually.
The Contra Costa Transportation Authority, 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:
February 9, 2010 Board of Supervisors Meeting
The Biennial Compliance Checklist was on the February 9, 2010 Board of Supervisors
meeting consent calendar. The item was removed from the consent calendar in order to
give staff an opportunity to address questions from Board members regarding the
Measure J Growth Management Program. Conservation and Development Department
staff met with Supervisor District III staff on March 10, 2010. Several elements of the
Growth Management Program were discussed and said issues were resolved. Changes in
the Board Order reflect discussions from the March 10 meeting. Those changes include:
changing the name of Orchard Park in Alamo to Andrew H. Young on Page 7 of the CIP,
text additions to question number 11 (page 9) of the Compliance Checklist (Exhibit C),
and the addition of the relevant sections of the Land Use and Transportation and
Circulation Elements of the County General Plan to Attachment F in the Compliance
Checklist.
Measure C/Measure J Growth Management Program and Compliance
The County biennially submits a compliance checklist to the Contra Costa Transportation
Authority (Authority) 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. California Environmental Quality Act (CEQA) review of the proposed 2010 Capital
Improvement Program (CIP) for Parks and Sheriff Facilities; and
2. Adoption of this CIP for Park and Sheriff Facilities.
To comply with CEQA, Department 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 Section 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 projects 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 2010-2016 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 Calendar Year 2008 and 2009 checklist is divided into two parts: The first part
covers the compliance reporting period of January 1, 2008 through March 31, 2009,
which marks the close of Measure C (1988); the second part of the Checklist covers the
compliance reporting period of April 1, 2009 through December 31, 2009, which marks
the beginning of Measure J (2004).
With the exception of the Housing Options question, the Final Measure C Checklist, is
nearly identical to the previous Checklists. Measure J introduces two new requirements:
1) development of a draft Growth Management Element (GME) that substantially
complies with the intent of the Authority’s adopted Measure J Model GME; and 2)
adoption of, and adherence to, a voter-approved Urban Limit Line (ULL).
The Checklist covers the Growth Management Program requirements of Measure C and
Measure J as follows:
Complying with Action Plans for Regional Routes of Significance;
Participating in the Regional Traffic Mitigation Program; Providing housing options
and job opportunities (revised by Measure J);
Complying with performance standards for transportation and other urban services
(Measure J dropped "other urban services");
Participation in cooperative multi-jurisdictional planning;
Maintaining a Capital Improvement Program;
Implementing a Transportation System Management Ordinance;
Meeting minimum expenditures for street and road maintenance;
Posting signs for construction projects receiving more than $250,000 in Measure C/J
funds; and
Adopting and complying with a voter-approved Urban Limit Line (new requirement
from Measure J).
The County has satisfied all Checklist requirements during 2008 and 2009 calendar
years. All traffic level of service standards and 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 project, providing housing and job opportunities, and
constructing the necessary capital improvements for urban services. County road projects
and expenditures have met Measure C/J requirements. 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 C/J. 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 2008 and 2009.
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 2009/2010 of
“return to source’ funds and Section 2105 state gas tax funds. Funds will be available for
allocation beginning June 30, 2010.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Exhibit A: CEQA Determination
Exhibit B: Development Mitigation Program
Exhibit C: CCTA Growth Management Program Compliance Checklist