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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: May 24, 2005

Subject/Title: Approve a resolution certifying compliance with the Measure C Growth Management Program

Prepared by: Karen Wahl, Grants Administrator

Approved by: Bailey Grewal, City Engineer

RECOMMENDATION
Approve a Resolution certifying that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorizing the Mayor to execute the Growth Management Checklist for calendar years 2002 and 2003 for allocation of Measure C Local Street Maintenance & Improvement funds.

PREVIOUS ACTION
On March 11, 2003, the City Council passed Resolution No. 2811, approving the Growth Management Checklist for calendar years 2000 and 2001.

BACKGROUND
In order to be eligible to receive Measure C Local Street Maintenance & Improvement funds each jurisdiction in Contra Costa County is required to take several actions. These actions include adopting a Growth Management Element that sets traffic level-of-service and facility performance standards, adopting both a development mitigation program and a transportation systems management ordinance, participating in cooperative planning to reduce traffic impacts, developing a five-year capital improvement program, and monitoring housing needs progress and creation of job opportunities.

For the first ten years of the Measure C program, the Contra Costa Transportation Authority (CCTA) used an Annual Checklist as the instrument of compliance. As a result of a review of the Growth Management Program in 1999 and 2000, the checklist is now required biennially while funds will be continued to be allocated on an annual basis to the participating jurisdictions. This is an effort to reduce the administrative burden on both local jurisdictions and CCTA staff without compromising program effectiveness. Jurisdictions that successfully complete this calendar 2002 and 2003 checklist will first receive payment for FY 2003/04 and then will receive payment of FY 2004/05 funds on the one-year anniversary of the previous year’s allocation without having to submit another checklist.

The checklist demonstrates how the City of Brentwood has complied with the requirements of the Measure C Growth Management Program. The checklist contains questions regarding how the City has met requirements as follows:

1. Action Plans. Local jurisdictions are required to implement the actions, measures, and programs agreed upon in the Action Plan for Routes of Regional Significance as adopted by the jurisdictions’ Regional Committee and the Contra Costa Transportation Authority.

2. Regional Transportation Mitigation Program (RTMP). Local jurisdictions are required to adopt a development mitigation program to ensure that new development pays its fair share of the costs associated with that development and that no funds from Measure C will be used to replace private developer funding that has been or will be committed to any project. Local jurisdictions are also required to participate in the development of a regional transportation mitigation program, including fees, assessments, or other mitigation.

3. Housing Options. Each jurisdiction is required to develop an implementation program, based on their capital improvement program and General Plan Housing Element, which creates housing opportunities for all income levels. This checklist submittal must include a report to CCTA on Housing Element implementation progress. The General Plan Housing Element Progress Report is included as an attachment to the checklist submittal.

4. Growth Management Element: Performance Standards. Each jurisdiction must adopt a Growth Management Element that establishes performance standards for fire, police, parks, sanitary facilities, water, and flood control and must apply these standards in the development review process.

5. Growth Management Element: Traffic Level-of-Service Standards. Each jurisdiction is required to adopt and comply with traffic Level of Service (LOS) standards keyed to types of land use. Compliance with this element requires that the jurisdiction maintain a list of signalized intersections on non-regional routes and monitor the LOS at these intersections every two years.

6. Participation in Cooperative, Multi-Jurisdictional Planning. Jurisdictions must participate in the Regional Transportation Planning Committees in cooperative efforts to ease cumulative traffic impacts.

7. Five-Year Capital Improvement Program. In order to meet and maintain adopted traffic service and performance standards, local jurisdictions are required to develop a five-year capital improvement program which includes approved projects, their estimated costs and a financial plan for providing the improvements.

8. Transportation Systems Management Program. Measure C requires local jurisdictions to adopt a transportation systems management ordinance, resolution or alternative mitigation program.

9. Maintenance of Effort (MoE). Each jurisdiction is required to maintain a minimum level of local street and road expenditures. The expenditure level is based upon an historic amount spent for transportation by each jurisdiction during a specified base period. The City of Brentwood requirement is $177,369 per year.

10. Posting of Signs. Each jurisdiction must post signs meeting CCTA specifications for all projects exceeding $250,000 that are funded in whole or in part with Measure C funds.

FISCAL IMPACT
If the checklist is not completed and approved as meeting the requirements of the Measure C Growth Management Program by the June 2005 Contra Costa Transportation Authority deadline, the City will not be eligible to receive the estimated $347,579 allocation for FY 2003/04. This amount is a percentage of total funds available and is based on population numbers from State Department of Finance as of January 2003 and Caltrans 2001 Road Mileage plus an initial base allocation. The allocation for FY 2004/05 will be sent to the City at the one-year anniversary of the FY 2003/04 payment without having to submit another checklist.

Attachment:
Resolution
Measure C Compliance Checklist
Exhibit A – General Plan Amendments Approved During the Reporting Period
Exhibit B – Letter Dated 4/19/05 from the Department of Housing and Community Development
Exhibit C – General Plan Housing Element Progress Report for the Period 1/1/03 – 12/31/03
Exhibit D – Traffic Level of Service Calculations

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CERTIFYING THAT THE CITY OF BRENTWOOD IS IN COMPLIANCE WITH THE GROWTH MANAGEMENT PROGRAM AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE GROWTH MANAGEMENT CHECKLIST FOR CALENDAR YEARS 2002 AND 2003.

WHEREAS, pursuant to the Measure C Growth Management Program, the City of Brentwood is eligible to receive a portion of the eighteen percent (18%) sales tax funds available for street maintenance, improvements and transportation planning; and

WHEREAS, one of the requirements with the provisions of the Growth Management Program is the submittal by the City of Brentwood of a completed Statement of Compliance, confirming to the Contra Costa Transportation Authority that the City of Brentwood is in compliance with the requirements of the Measure C Growth Management Program; and

WHEREAS, on 2001 by Ordinance 01-01, the Authority determined that submittal of the Compliance Checklist would be required biennially in even numbered years and;

WHEREAS, City of Brentwood staff have completed the fiscal year 2003/04 and 2004/05 Compliance Checklist for calendar years 2002 and 2003and based on the completed checklist have determined that the City is in compliance with the Contra Costa Transportation Authority (CCTA) Growth Management Program; and

WHEREAS, the completed compliance checklist has been reviewed with CCTA staff for completeness.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Council finds the policies and programs of the City of Brentwood as reported on the compliance checklist are in conformance with the CCTA Growth Management Program.

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the compliance checklist.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the May 24, 2005 by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor
ATTEST:

__________________________________


CONTRA COSTA TRANSPORTATION AUTHORITY
GROWTH MANAGEMENT PROGRAM
Allocation of 18% Local Street Maintenance & Improvement Funds
For Fiscal Years 2003-04 and 2004-05
Reporting Period: Calendar Years 2002 & 2003

Compliance Checklist
Reporting Jurisdiction: City of Brentwood
1. Action Plans YES NO
a. Is the jurisdiction implementing the actions called for in the applicable Action Plan for Routes of Regional Significance for all designated Regional Routes within the jurisdiction? 1
0
b. Has the jurisdiction implemented the following procedures as outlined in the applicable Action Plan for Routes of Regional Significance?
i. Circulation of environmental documents,
ii. Analysis of the impacts of proposed General Plan amendments and recommendation of changes to Action Plans, and
iii. Conditioning the approval of projects consistent with Action Plan policies? 1
0
c. Has the jurisdiction followed the procedures for RTPC review of General Plan Amendments as called for in Authority Resolution No. 95-06-G? 1
0

2. Regional Transportation Mitigation Program YES NO
a. Has the jurisdiction adopted and implemented a local development mitigation program to ensure that new development pays its fair share of the impact mitigation costs associated with that development? 1
0
b. Has the jurisdiction adopted and implemented a regional transportation mitigation program, including regional traffic mitigation fees, assessments, or other mitigation as appropriate? 1
0

3. Housing Options and Job Opportunities YES NO
a. Has the jurisdiction adopted a third-revision Housing Element that has been found by the State Department of Housing and Community Development to comply with State Law? 1
0
b. Has the jurisdiction adopted a Housing Element that complies with the requirements of § 65583 et seq. of the Government Code, by:
 Identifying local responsibilities for meeting regional housing needs,
 Establishing goals and policies for meeting those needs, and
 Outlining a 5-year program of actions to implement the Housing Element? 1
0
c. Has the jurisdiction submitted a report to the Authority regarding development of an implementation program that creates housing opportunities for all income levels? Exhibit 7 includes a Sample Housing Report. 1
0
d. Does the jurisdiction’s General Plan—or other adopted policy document or report—evaluate the effects of planned land uses on local, subregional and regional travel patterns and propose land use policies and a pattern of land uses that would promote more efficient use of the transportation system? 1
0

4. Growth Management Element: Performance Standards YES NO
a. As part of its General Plan, has the jurisdiction adopted a Growth Management Element which is in substantial compliance with the Authority’s Model Growth Management Element? 1
0
b. Does the jurisdiction now comply with adopted performance standards, or expect to comply with the standards within the next five years through implementation of its Capital Improvement Program? 1
0



5. Growth Management Element: Traffic Level-of Service Standards YES NO N/A
a. Using the Authority’s Technical Procedures, have traffic impact studies been conducted as part of development review for all projects estimated to generate more than 100 peak-hour vehicle trips? 1
0
0
b. Does the jurisdiction maintain a list of Reporting Intersections on non-regional routes, and measure the level of service at those intersections every two years? 1
0
0
c. Do all Reporting Intersections meet LOS standards through actual measurement, or after assuming implementation of five-year capital improvement program and accounting for changes in travel demand? 1
0
0
d. Does a request for Findings of Special Circumstances for those intersections that do not and will not meet LOS standards, accompany this checklist? 0
0
1
e. Has the jurisdiction ever been granted a Findings of Special Circumstances by the Authority? 0
1
0

6. Participation in Cooperative, Multi-Jurisdictional Planning YES NO
a. Over the past year, has the jurisdiction’s Council/Board member regularly participated in meetings of the appropriate Regional Transportation Planning Committee, and have the jurisdiction’s local representatives to the Regional Transportation Planning Committee regularly reported on the activities of the Regional Committee to the jurisdiction's council or board? (Note: Each RTPC should have a policy which defines what constitutes regular attendance of Council/Board members at RTPC meetings.) 1
0
b. As needed, has the jurisdiction made available, as input into the countywide transportation computer model, data on land use and traffic patterns? 1
0


7. Five-Year Capital Improvement Program YES NO
Does the jurisdiction have an adopted five-year capital improvement program (CIP) that estimates project costs and includes a plan that outlines general mechanisms for financing transportation and public facilities, including fire, police, parks, sanitary facilities, water and flood control? 1
0

8. Transportation Systems Management Program YES NO
Has the jurisdiction adopted a transportation systems management ordinance or resolution that incorporates required policies consistent with the updated model ordinance prepared by the Authority for use by local agencies? 1
0

9. Maintenance of Effort (MoE) YES NO
Has the jurisdiction met the MoE requirements of Measure C as stated in Section 6 of the Contra Costa Transportation Improvement and Growth Management Ordinance? 1
0

10. Posting of Signs YES NO N/A
Has the jurisdiction posted signs meeting Authority specifications for all projects exceeding $250,000 that are funded, in whole or in part, with Measure C funds? 1
0
0

11. Other Considerations YES NO N/A
If the jurisdiction believes that the requirements of Measure C have been satisfied in a way not indicated on this checklist, has an explanation been attached below? 0
0
1


12. Review and Approval of Checklist
This checklist was prepared by:
Signature: Date:
Name and Title: Karen Wahl, Grants Administrator
Phone: (925) 516-5159
The council of the City of Brentwood has reviewed the completed checklist and found that the policies and programs of the jurisdiction as reported herein conform to the requirements for compliance with the Contra Costa Transportation Improvement and Growth Management Program.
Certified Signature: Date:
Name and Title: Donna Landeros, City Manager

Attest Signature: Date: City/Town/County Clerk

Name: Cynthia Garcia, Interim City Clerk

CONTRA COSTA TRANSPORTATION AUTHORITY
GROWTH MANAGEMENT PROGRAM
Allocation of 18% Local Street Maintenance & Improvement Funds
For Fiscal Years 2003-04 and 2004-05
Reporting Period: Calendar Years 2002 & 2003

Attachments
Reporting Jurisdiction: City of Brentwood
(Note: This form is available in electronic media in Word ® format.)
Information Requested by Checklist Questions
1. Action Plans
a. Please summarize steps taken during last year to implement the actions, programs, and measures called for in the applicable Action Plans for Routes of Regional Significance:
The City of Brentwood has, through its participation in TRANSPLAN, taken the following steps and actions:
• Required projects to complete traffic studies consistent with CCTA policies.
• Participated in the East County TDM program.
• Monitored and coordinated improvements for routes of regional significance with surrounding jurisdictions.
• Updated local transportation mitigation fees for new development on an annual basis (City of Brentwood Development Fee Program) and participated in updating regional fees.
• Worked with CCTA and BART to complete the SR 4 East Corridor Transit Study
• Continue to pursue funding to implement regional and local pedestrian and bicycle plans.
• Continue to pursue funding to widen segments of non-freeway SR 4 from two to four lanes.
• Completed widening of segment of non-freeway SR 4 from Applewood Common to approximately Village Drive.
• Completed safety improvement project to increase the radius and correct superelevation of the curve in SR 4 located between Pine and Second Streets.
• Constructed new traffic signals and upgraded and/or interconnected existing signals at the following locations:
◦ Balfour Road/West Country Club Drive
◦ Balfour Road/John Muir Parkway
◦ Balfour Road/McViking Way
◦ Balfour Road/Griffith Lane
◦ Balfour Road/Hudson Drive
◦ SR 4/Sunset Road-Grant Street
◦ SR 4/Applewood Common
◦ SR 4/Sand Creek Road
◦ SR 4/Sycamore Avenue-Central Boulevard
◦ Lone Tree Way/O’Hara Avenue
◦ Lone Tree Way/Fairview Avenue
◦ Lone Tree Way/WINCO Center
◦ Sand Creek Road/Raley’s Center
◦ Sand Creek Road/Fairview Avenue
◦ Sand Creek Road/Minnesota Avenue
◦ Sand Creek Road/O’Hara Avenue
◦ Sand Creek Road/Business Center Drive
◦ Central Boulevard/Walnut Boulevard
◦ Central Boulevard/Fairview Avenue
◦ Fairview Avenue/Arlington Drive

b. Attach, list and briefly describe any General Plan Amendments that were approved during the reporting period. Please specify which amendments affected ability to meet the standards in the Growth Management Element and/or affected ability to implement Action Plan policies or meet Traffic Service Objectives. Indicate if amendments were forwarded to the jurisdiction’s RTPC for review, and describe the results of that review relative to Action Plan implementation:
A list of General Plan Amendments description of each is attached as Exhibit A. None of the General Plan Amendments approved during this reporting period decreased the City’s ability to meet the standards in the Growth Management Element, affected the ability of the City to implement Action Plan policies or to meet Traffic Service Objectives.

2. Regional Transportation Mitigation Program
a. Describe progress on implementation of the regional transportation mitigation program:
The City entered into a Joint Powers Agreement with the Cities of Antioch, Pittsburg and the County of Contra Costa in 1994 to create and establish the East Contra Costa Regional Fee and Financing Authority and set a uniform regional congestion mitigation development fee of $4,200 per single family dwelling.
The fee increased to $7,500 per single family unit in January 2002; the contribution to ECCRFFA from the City of Brentwood was $6,683,951. In January 2003 the fee increased to $7,747 and the City’s contribution rose to $9,578,900.
Phase I of Segment 2 of the State Route 4 Bypass was competed and the new two-lane roadway opened to traffic in April 2002. Lone Tree Way was widened from two to four lanes and constructed to connect with the Bypass. The City continues to be an active member of the State Route 4 Bypass Authority in the design and review of the remaining two segments of the Bypass.

3. Housing Options and Job Opportunities
a. Please list the date of State Department of Housing and Community Development (HCD) compliance finding for the jurisdiction’s third-revision Housing Element and attach the HCD-approval letter:
Please see letter attached as Exhibit B dated 4/19/05 from the Department of Housing and Community Development stating that the Draft Housing Element would be in compliance with State housing element law (Article 10.6 of the Government Code) once the draft revisions were adopted and submitted to HCD.
The Draft Housing Element was approved and adopted by the Brentwood City Council on May 10, 2005 and has been submitted to HCD.

If HCD found that the Housing Element did not comply with State law, please list the date of adoption and resolution number of the jurisdiction’s finding that its third-revision Housing Element complies with State law. Also state what actions have been taken during the reporting period to contribute toward achieving the housing allocations established by ABAG for all income levels.
N/A

b. Please attach a report on the jurisdiction’s development of an implementation program that creates housing opportunities for all income levels (see Sample Report – Exhibit 7).
The General Plan Housing Element Progress Report for the period January 1, 2003 – December 31, 2003 is attached as Exhibit C.
4. Growth Management Element: Performance Standards
a. If the jurisdiction does not currently meet its adopted performance standards, please describe what actions the jurisdiction intends to take to bring it into compliance within the next five years, including actions contained in the adopted five-year capital improvement program:
Currently meets standards.

5. Growth Management Element: Traffic Level of Service (LOS) Standards
a. Please list all projects that generated more than 100 peak hour trips, indicate whether a traffic impact study was conducted, and indicate if a Findings of Consistency with Standards was made (include resolution number):

The following projects generated more than 100 peak hour trips and traffic impact studies were conducted for each:
FILE/PROJECT NO. TRAFFIC STUDY CONSISTENCY RESOLUTION NO.
TSM 8470
Mission Peak Yes Yes Planning Commission Resolution No. 02-03
DR 01-27
Walgreen’s Yes Yes Planning Commission Resolution No. 02-09
CUP 02-01
Winco Yes Yes Planning Commission Resolution No. 02-07
DR 01-04
Guthrie Commercial Yes Yes Planning Commission Resolution No. 02-23
DR 0119
Gregory Ranch Yes Yes Planning Commission Resolution No. 02-30
DR 01-30
Arcadia Yes Yes Planning Commission Resolution No. 02-39
DR 01-34
Safeway Yes Yes Planning Commission Resolution No. 02-49
DR 02-11
Arbor Ridge Yes Yes Planning Commission Resolution No. 03-10
DR 03-01
John Muir Yes Yes Planning Commission Resolution No. 03-13
TSM 8426
Garin Landing Yes Yes Planning Commission Resolution No. 03-18
CUP 03-11
Guthrie Commercial Club One Yes Yes Planning Commission Resolution No. 03-38
CUP 03-04
Les Schwab Yes Yes Planning Commission Resolution No. 03-42
TSM 8534
Cedarwood Yes Yes Planning Commission Resolution No. 03-46
CUP 03-02
In Shape Yes Yes Planning Commission Resolution No. 03-58
TSM 03-05
Meritage Sterling Pinnacle Yes Yes Planning Commission Resolution No. 03-66
DR 02-34
Pulte Rose Garden Yes Yes Planning Commission Resolution No. 03-71

b. Please list Reporting Intersections, dates of counts and LOS monitoring results. Also attach LOS calculations. Explain reasons for any LOS exceedances and proposed mitigation through implementation of the 5-year CIP or other mechanism.
LOCATION A.M.. P.M.
Date LOS V/C Date LOS V/C
Fairview Ave./Grant Street 01/06/05 A 0.40 01/06/05 A 0.41
Fairview Ave./Sand Creek Rd. 01/06/05 C 0.65 01/06/05 C 0.78
Fairview Ave./San Jose Ave. 01/06/05 C 0.94 01/06/05 B 0.78
Fairview Ave./Central Blvd. 01/06/05 D 1.05 01/06/05 B 0.72
Central Blvd./Minnesota Ave. 09/02/03 B 0.66 09/02/03 A 0.41
Central Blvd./Griffith Lane 09/02/03 A 0.38 09/02/03 A 0.37
LOS calculations are attached as Exhibit D.

c. Please list intersections for which the Authority has adopted Findings of Special Circumstances and describe actions taken over the past year to carry out required conditions of compliance:
N/A

7. Five-Year Capital Improvement Program (CIP)
Please list resolution number and date of adoption of most recent five-year CIP. If CIP implementation is required to meet traffic LOS or performance standards, state the number of years for which this condition has prevailed.
Resolution 2004-114, adopted May 25, 2004 approving City of Brentwood
CIP 2004/05 – 2008-09

8. Transportation Systems Management Program
Date of Ordinance or Resolution Adoption November 12, 1997
Ordinance Number Ordinance Number 589
9. Maintenance of Effort (MoE)
Please indicate the jurisdiction’s MoE requirement and MoE expenditures for the past two fiscal years (FY 2001-02 and FY 2002-03).
City of Brentwood MoE Requirement $177,369

FY 01/02 PMP Expenditure $307,450
FY 02/03 PMP Expenditure $547,066

11. Other Considerations
Please specify any alternative methods of achieving compliance for any components for the Measure C Growth Management Program.
N/A
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov