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Meeting Date: July 13, 2004

Subject/Title: Request for Resolution of Support for extension of the Measure C sales tax by the Contra Costa Transportation Authority

Prepared by: Karen Wahl, Grants Administrator

Submitted by: Karen Stein, Assistant City Manager
Bailey Grewal, City Engineer

Approve a Resolution of Support for extension of the Measure C sales tax as requested by the Contra Costa Transportation Authority (the Authority) which takes the following actions:
• Supports the extension of Contra Costa’s transportation sales tax;
• Adopts various CEQA findings; and
• Approves the final Draft Transportation Expenditure Plan

Transportation is one of East County’s biggest issues; this funding source is one of the best ways to solve some of the transportation problems. Contra Costa will continue to grow in population, jobs and the economy, and our roadways, freeways and transit services will need to keep up. In addition, these funds are needed if the cities and region are to win state or federal funding for congestion-relieving transportation projects.

On September 9, 2003, City Council approved Resolution No. 2979 (see Attachment 1 and 2) with conditions supporting the efforts led by the Authority to reauthorize and extend Measure C as a primary funding source for transportation improvements in Contra Costa County.

East County has been one of the fastest growing residential areas in California for more than a decade. With our population now approaching a third of a million people and still growing, our infrastructure is overburdened, particularly the transportation system. In addition to local transportation needs within East County, there is a heavy out-commute every day from East County’s residential areas to job centers that are miles away in Concord, Livermore, Pleasanton, Silicon Valley and elsewhere. This has created a need for major improvements to the transportation system including expansion of the system of streets and highways, public transportation and bikeways.

The proposed measure would bring $150 million for commuter rail service in East County all the way to Byron, $125 million toward the entire Highway 4 freeway widening, and additional funds for completing the Highway 4 Bypass, setting up an express bus system, bikeways, and improving important surface roads such as Vasco Road and the Byron Highway. Cities in Contra Costa County also depend on the transportation sales tax to help fund their annual pavement management programs.

The Authority has conducted a two-year process to develop a final Draft Transportation Expenditure Plan (TEP) for extension of the existing ½ of one percent local transportation sales tax.

The process incorporated:
• Extensive outreach to all cities and the County;
• Two rounds of public meetings in each of the four sub-regions of Contra Costa – Central, East, Southwest and West;
• Two rounds of public polling;
• Focus groups;
• Solicitation of advice from a variety of special interest groups including the formation of an Expenditure Plan Advisory Committee;
• Input from the Citizen Advisory Committee of the Authority; and
• Advice and feedback of the four sub-regional transportation planning committees representing the aforementioned sub-regions – TRANSPAC, TRANSPLAN, SWAT AND WCCTAC – provided through several iterations.

After considering all of the public input and discussing various expenditure and Growth Management Program (GMP) options, the draft Final Transportation Expenditure Plan (TEP) and Ordinance 04-02 which amends the Authority’s original enabling Ordinance 88-01, were both unanimously approved by the Authority on May 26, 2004. (see Attachments 3 and 4)

The Authority’s legal counsel and the Legislative Counsel have determined that the TEP requires review under the California Environmental Quality Act (CEQA) and a certified environmental document. As a result, the Authority certified an environmental impact report (EIR) for the Countywide Transportation Plan (CTP) and an addendum for the TEP (see Attachments 5 and 6) for the EIR and the addendum, respectively). Under CEQA, each local jurisdiction is a “Responsible Agency” with respect to the TEP, and therefore is also required to adopt various CEQA findings prior to its approval of the TEP.

Process for Extension of the Sales Tax
Remaining steps for the 25-year extension of the ½ of one percent sales tax, and authorization of the new TEP are as follows:

1. As responsible agencies under CEQA, each city and the County are required to approve various CEQA findings prior to approval of the TEP. These actions are included in the draft resolution in support of the TEP.

2. The TEP must be approved by the city councils of a majority of the cities (at least 10) representing a majority of the population in the incorporated area (approximately 420,000) and by the Board of Supervisors prior to final approval by the Board of the Authority.

3. Approvals are required between now and July 16th, so that the Authority can adopt the TEP as final on July 21st and send Authority Ordinance No. 04-02, which incorporates the final TEP, to the Board of Supervisors for placement on the November 2nd ballot.

4. The Board of Supervisors has until August 6th to call for a special election, in this case the November 2, 2004 general election, and to forward Authority Ordinance No. 04-02 to the County Elections Department for placement on the November 2nd ballot.

5. Ordinance No. 04-02 authorizes extension of the sales tax for 25 years from the date of its current expiration and makes other technical changes. The Ordinance stands as approved by the Authority unless overturned by a majority of the cities representing a majority of the population in the incorporated area, and the Board of Supervisors. The County and cities have 45 days from the date of adoption of Ordinance 04-02 to obtain resolutions of support for the override from the city councils of a majority of the cities having a majority of the population within the incorporated areas and from the Board of Supervisors.

6. Final approval of Ordinance 04-02, including the TEP, requires a two-thirds approval by those voting on the measure as it appears on the November 2, 2004 ballot.

Key Aspects of the TEP
Contra Costa is a very diverse county, and each sub-region – Central, East, Southwest and West – has different needs reflecting its particular circumstances such as its demographics, the degree and concentration of developments, existing or planned, and other factors unique to each. Accordingly, the new TEP was assembled giving significant weight to the needs and interests of each sub-region, as determined by the four Regional Transportation Planning Committees.

To accommodate the diverse needs, address sub-regional priorities, and provide sufficient funding for major investments that polls and focus groups suggest have the strongest support of the voters, the extension is targeted for a 25-year period. It is estimated to generate $2 billion (2003 $) over the life of the extension. The proposed major investments and projects which are of special interest to East County in the TEP include:

• Local streets and roads maintenance and improvement funding
18%, $360 million; allocated annually, the estimated 2003-04 allocation to the City of Brentwood is $347,579
• Caldecott Tunnel, 4th Bore
$125 million
• State Route 4 East Widening (Railroad Avenue to the intersection of Highway 4 and Highway 160)
$125 million
• I-680 Carpool Lane Gap Closure/Transit Corridor Improvements
$100 million
• Transit for seniors and people with disabilities
$100 million
• BART – East Contra Costa Rail Extension
$150 million
• East County Corridors
$94.5 million – Vasco Road, State Route 4 Bypass, Byron Highway and existing Route 4 through Oakley and Brentwood
• Pedestrian, Bicycle and Trail Facilities
$30 million countywide
• Major Streets: Traffic Flow, Safety and Capacity Improvements
East County Funding
$18 million
• Funding for projects to be identified by each subregion
East County Funding
$3.7 million

The TEP Growth Management Program
The proposed TEP includes revisions to the Authority’s existing Growth Management Program (GMP), including revisions to the housing requirement intended to encourage the provision of more housing within parameters that local jurisdictions can feasibly address. It also includes the requirement that a new ULL be established by mutual agreement of the County and cities effective through 2034, and that a process be established for amending it. The program also includes a “Transportation for Livable Communities” component, which provides that 5% of the total sales tax revenue ($100 million) be allocated to transportation projects that encourage more transit-oriented, pedestrian and bicycle friendly communities and encourage more affordable housing and mixed use developments. The proposed GMP would also eliminate the current requirement that General Plans contain performance measures and traffic level of service standards.

One of the revised GMP components addresses how a jurisdiction shall demonstrate reasonable progress in providing housing opportunities for all income levels. The current Measure C Checklist requires a jurisdiction to submit a report on its development of an implementation program that creates housing opportunities for all income levels. The new measure proposes an additional method by which a jurisdiction could demonstrate its progress. The new reporting option would compare the number of housing units approved, constructed or occupied within the jurisdiction over the preceding five years with the number of units needed on average each year to meet the housing objectives established in its Housing Element. The new option provides additional flexibility for communities because there would now be three instead of two progress reporting options.

If the City opposes placing the Authority’s Ordinance No. 04-02 on the ballot, it has 45 days from the date of adoption (May 26, 2004) of the Authority’s Ordinance No. 04-02 to appeal and obtain an override of the amendment.

The extension would generate an estimated $2 billion over 25 years for transportation needs in Contra Costa County. The TEP includes $360 million (18% of total, in 2003 $) of “Local Streets and Roads Maintenance and Improvement” funds to be distributed by formula to local jurisdictions, with a change which increases the base allocation from $50,000 to $100,000. The annual allocation for FY 03/04 to the City is approximately $350,000 in return-to source funds. Should the sales tax measure pass in November, additional funds for the projects listed previously and supplied in the final draft TEP would be available.

The final TEP provides “fair-share” funding for each sub-region based on its relative estimated 2020 population. The funding proportions are as follows: Central, 97.6%; East, 103%; Southwest, 100%; and West, 99.2%.

This is a once-in-a-generation opportunity to choose and fund investments that will expand our transportation choices, improve our quality of life and control our own destiny with respect to our transportation system. Extending the Measure C sales tax, applying those new revenues that will be available to continue improvements to the transportation system, and responding to the growth we have and continue to expect are key to our part of the solution for the transportation problems that exist in the County.

1. Brentwood Resolution No. 2979, September 9, 2003
2. Final Draft ULL Proposal
3. Transportation Expenditure Plan (TEP), Final Draft – May 26, 2004
4. Contra Costa Transportation Authority Ordinance No. 04-02
5. Final Environmental Impact Report for Countywide Transportation Plan
6. Addendum to Final EIR for Countywide Transportation Plan



WHEREAS, as a result of voter approval in November 1988, the Contra Costa Transportation Authority (hereinafter “Authority) has administered a one half of one percent sales tax for transportation purposes since its inception on April 1, 1989, said tax to run for a period of twenty years; and

WHEREAS, the Authority proposes that said tax be extended for an additional period of twenty-five years through March 31, 2034; and

WHEREAS, the Authority conduced extensive consultations with local governments and conducted outreach to a wide variety of interest groups and the public in order to develop a mix of projects and programs to be funded by the proposed extension; and

WHEREAS, on May 26, 2004 the Authority adopted a final Draft Transportation Expenditure Plan (TEP) to guide the use of the proposed sales tax extension revenues; and

WHEREAS, the final Draft TEP includes the final Draft Growth Management Program (GMP) to help the Authority achieve its goals to reduce future congestion, manage the impacts of growth, and expand alternatives to the single-occupant vehicle; and

WHEREAS, pursuant to Public Utilities Code Section 180206(b) an Expenditure Plan may not be finally adopted and placed before the voters until it has received the approval of the County Board of Supervisors and city/town councils which in aggregate represent both a majority of the cities/towns in Contra Costa and a majority of the population residing in the incorporated areas of Contra Costa; and

WHEREAS, the Authority, as lead agency, has prepared and certified a Final Environmental Impact Report (FEIR) for the 2004 Update to the Contra Costa Countywide Comprehensive Transportation Plan (2004 CTP Update) and an Addendum to the FEIR (collectively, the “EIR”); and

WHEREAS, the Brentwood City Council has considered the EIR;

NOW THEREFORE BE IT RESOLVED, that the Brentwood City Council is a responsible agency under CEQA, and certifies that it has considered the EIR and that it is adequate for its use; and

BE IT FURTHER RESOLVED, that the EIR considers all reasonably feasible alternatives and feasible mitigation measures within the powers of the City of Brentwood that would substantially lessen or avoid any significant effect the project would have on the environment; and

BE IT FURTHER RESOLVED, that the “findings, Facts in Support of Findings, and Statement of Overriding Considerations” attached hereto as Exhibit A and incorporated by this reference are hereby adopted; and

BE IT FURTHER RESOLVED, that the Brentwood City Council approves the final Draft Transportation Expenditure Plan which was adopted by the Authority on May 26, 2004; and

BE IT FURTHER RESOLVED, that the Brentwood City Council urges the Authority, consistent with the provisions of Public Utilities Code Section 180201, to approve the final Transportation Expenditure Plan; and

BE IT FURTHER RESOLVED, that the Brentwood City Council urges the Contra Costa Board of Supervisors, consistent with Public Utilities Code Section 180203, to place the extension of the one-half of one percent local transportation sales tax on the November 2, 2004 ballot.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of July, 2004 by the following vote:


Brian A. Swisher
City of Brentwood


Karen Diaz

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441