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HomeMy WebLinkAboutE-11 Staff Report - CMP Opt-OutCONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., INTERIM DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: AUGUST 19, 2019 SUBJECT: RESOLUTION ELECTING TO OPT-OUT OF THE STATE MANDATED CONGESTION MANAGEMENT PROGRAM BACKGROUND: In 1990, the Congestion Management Program (CMP) process was established as a part of a legislative package to implement Proposition 111, which increased the state gas tax from 9 to 18 cents per gallon. The intent of the CMP is to tie the appropriation of new gas tax revenues to congestion reduction efforts by improving coordination between land use, transportation, and air quality decisions. State law requires that a CMP be developed, adopted and updated biennially for every county that includes an urbanized area. This plan must include every city in that county as well as the county government. As the county Congestion Management Agency, the Los Angeles County Metropolitan Transportation Authority (Metro) is responsible for implementing the CMP. While the CMP requirement was a pioneering effort to conduct performance-based planning, the approach has become antiquated and does not produce the intended results. CMP primarily uses a level of service (LOS) performance metric which is a measurement of vehicle delay; this is inconsistent with recently adopted state-designated performance measures, such as vehicle miles traveled (VMT), enacted by SB 743 for California Environmental Quality Act (CEQA) transportation analysis. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Adopt Resolution No. 2019-C29 to opt out of the Congestion Management Program. ANALYSIS: APPROVED CITY COUNCIL 8/19/2019 RESOLUTION ELECTING TO OPT-OUT OF THE STATE MANDATED CONGESTION MANAGEMENT PROGRAM August 19, 2019 Page 2 On June 28, 2018, the Metro board approved a staff recommendation to initiate the process to opt-out of the State mandated Congestion Management Program (CMP). The action allows Metro staff to proceed with the next step in the process, which is to provide public agency partners with the option to opt-out of the CMP program as well. The CMP has been found to contradict Metro’s own efforts to promote a more sustainable and equitable region. In addition, the passage of Measure M and the update of the Long-Range Transportation Plan present Metro with an opportunity to consider new ways to measure transportation system performance, measures that complement efforts to combat climate change, support sustainable vibrant communities, and improve mobility. For Metro and cities alike, the continued administration of the CMP is an impediment to improving Metro’s envisioned transportation system. Over the last several years, the CMP has become increasingly outdated in relation to the direction of Metro’s planning process and regional, state, and federal transportation planning requirements. Additional reasons to opt-out of the CMP include: • Eliminates the risk of losing state gas tax funds or being ineligible to receive federal transportation funds because of not being in compliance of CMP requirements or performance standards. • Removes the administrative and fiscal burden for monitoring and preparation of reporting documents to demonstrate compliance with the CMP. • Eliminates the need to use LOS to evaluate CMP locations in CEQA documents. Staff recommends approval of a resolution electing to be exempt from the CMP. It is important to note that Azusa cannot unilaterally opt out of the CMP. Formal opt out will occur after a majority of cities in the region opt out and Metro notifies the State Controller, Caltrans and SCAG that Los Angeles County has opted out of the CMP in accordance with the statutory requirements FISCAL IMPACT: There is no cost associated with this action and the recommended action may have a positive impact in future years by eliminating the annual costs associated with implementing the Congestion Management Program. Prepared by: Reviewed and Approved: Robert Delgadilo, P.E. Sergio Gonzalez Interim Director of Public City Manager Works/City Engineer Attachment: 1) Resolution No. 2019-C29 Attachment 1 RESOLUTION NO. 2019-C29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM WHEREAS, in 1990 the voters of California passed Proposition 111 and the requirement that urbanized counties develop and implement a Congestion Management Program; and WHEREAS, the legislature and governor established the specific requirements of the Congestion Management Program by passage of legislation which was a companion to Proposition 111 and is encoded in California Government Code Section 65088 to 65089.10; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) has been designated as the Congestion Management Agency responsible for Los Angeles County’s Congestion Management Program; and WHEREAS, California Government Code Section 65089.3 allows urbanized counties to be exempt from the Congestion Management Program based on resolutions passed by local jurisdictions representing a majority of a county’s jurisdictions with a majority of the county’s population; and WHEREAS, the Congestion Management Program is outdated and increasingly out of step with current regional, State, and federal planning processes and requirements, including new State requirements for transportation performance measures related to greenhouse gas reduction; and WHEREAS, on June 28, 2018, the Metro Board of Directors took action to direct Metro staff to work with local jurisdictions to prepare the necessary resolutions to exempt Los Angeles County from the Congestion Management Program. NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Azusa, California, as follows: 1. That the above recitations are true and correct. 2. That the City of Azusa hereby elects to be exempt from the Congestion Management Program as described in California Government Code Section 65088 to 65089.10. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Azusa on the 19th day of August 2019, by the following vote, to wit: AYES: NOES: ABSENT: _______________________________ (Name), Mayor ATTEST: _______________________________ (Name), City Clerk (SEAL)