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CITY COUNCIL AGENDA ITEM NO. 8
Meeting Date: May 22, 2007

Subject/Title: Adopt a Resolution certifying that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2004 and 2005 for allocation of Measure C Local Street Maintenance & Improvement funds.

Prepared by: Steve Kersevan, Traffic Engineering Manager

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution certifying that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2004 and 2005 for allocation of Measure C Local Street Maintenance & Improvement funds.

PREVIOUS ACTION
On May 24, 2005, by Resolution No. 2005-117, City Council approved the Growth Management Checklist for calendar years 2002 and 2003.

BACKGROUND
In order to be eligible to receive Measure C Local Street Maintenance & Improvement funds, which the City utilizes to perform pavement maintenance through the Pavement Management Program (“PMP”), 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 continue 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 the calendar 2004 and 2005 checklist will receive payment for FY 2005/06 and then receive payment of FY 2006/07 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. City staff is of the opinion that the Measure C requirements have been met, as described in the attached checklist; however, final approval will be determined by the CCTA. The checklist contains ten (10) questions regarding how the City has met the requirements, which are listed 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 CCTA.

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 and/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, 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 and/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 2007 Contra Costa Transportation Authority deadline, the City will not be eligible to receive the estimated $461,249 allocation for FY 2005/06. This amount is a percentage of total funds available and is based on population numbers from State Department of Finance as of January 2006 and Caltrans Road Mileage plus an initial base allocation. The allocation for FY 2006/07 will be sent to the City at the one-year anniversary of the FY 2005/06 payment, without having to submit another checklist.

Attachments:
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 Fiscal Year 2005/06
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 CITY MANAGER OR DESIGNEE TO EXECUTE THE GROWTH MANAGEMENT CHECKLIST FOR CALENDAR YEARS 2004 AND 2005.

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 has completed the Fiscal Years 2005/06 and 2006/07 Compliance Checklists for calendar years 2004 and 2005 and based on the completed checklists have determined that the City is in compliance with the Contra Costa Transportation Authority (“CCTA”) Growth Management Program.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby certify that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorize the City Manager or designee to execute the Growth Management Checklist for calendar years 2004 and 2005 for allocation of Measure C Local Street Maintenance & Improvement funds.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on 22nd day of May 2007 by the following vote:

 

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