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HomeMy WebLinkAbout01/07/1997, 8 - AB 2419 EXEMPTION FROM THE CONGESTION MANAGEMENT AGENCY/CONGESTION MANAGEMENT PROGRAM (CMA/CMP)0 counck agenda Repmt C I T Y OF S A N L U I S O B I S P O FROM: Mike McCluskey, Director of Public Works;QLA Prepared By: Al Cablay, Public Works Manager44- SUBJECT: AB 2419 Exemption from the Congestion Management Agency /Congestion Management Program (CMA/CMP) CAO RECOMMENDATION Approve Resolution of Exemption choosing to opt out of the CMP. DISCUSSION Overview AB 2419 legislation was enacted to allow local agencies to "opt out" of the CMP Program. Cities may indicate support by adopting Resolutions of Exemption (see attached) through its Regional Transportation Planning Agency (RTPA), in our case SLOCOG. In order to rescind the present CMP process, SLOCOG acting as the RTPA must both receive the support of the "majority" of its members whose total sum of populations represent a "majority" of the RTPA's population base and receive an adopted resolution to withdraw from the County Board of Supervisors. To date, SLOCOG has received Resolutions of Exemption from the cities of Paso Robles, Atascadero, Arroyo Grande, Pismo Beach and Grover Beach. Together with our City, the City of Morro Bay has not taken any formal action. The County Board of Supervisors, at their December 10, 1996 meeting, voted 3 -2 to not approve the Resolution of Exemption. Background The CMP was established as part of the 1989 legislation plan known as the Transportation Blueprint. Today most transportation professionals agree that since its implementation, the CMP did not have the effect of reducing congestion as was originally envisioned. The original intent was for the program to become a tool for neighboring agencies to utilize in the existing local land - use planning process. The principal goals (i.e. Trip Reduction Element and a Land -Use reporting system) are still viable programs, not strictly as a "congestion reducing measure" in and of themselves, as strategies that agencies can enlist to address the problems of congestion. o'-/ Council Agenda Report - Title of Report Page 2 Opting -out Pros • Allows cities the flexibility to prepare a replacement process that is sensitive to "local issues" • Does not effect a city's ability to obtain State or Federal project funding • Worthwhile CMP components are already contained within existing SLOCOG policy documents • A greater emphasis on project monitoring, conflict management and technical assistance will result in city projects being handled by SLOCOG in a more timely manner • Regional planning staff will be able to increase coordination in the delivery of transportation services • Enhanced assistance to cities in the development of infill and renewal projects • SLOCOG can place greater emphasis on monitoring and addressing congestion on all major regional routes Cons • Certain components of the CMP are desirable such as the incentives for coordinating local land -use processes • The CMP statutes become voluntary (or permissive) rather than mandatory and could effect city's commitment to its region's efforts toward congestion management • Cities revert back to the prior "honor system" structure for coordinating development projects that indicate a potential to be, from a traffic congestion perspective, regionally significant • Policies are currently not in place to make determinations on a regional basis on project - sensitive issues such as; percent of development traffic distribution, mitigation equity; and other traffic forecasting modeling assumptions. Scheduled for the January 8, 1997 SLOCOG meeting is an update to the COG Board. A copy of the SLOCOG staff report has been attached for the City Council's information. Although the issues raised under "Cons" are of concern, as previously mentioned, recent progress on regional programs like the on -going update to the Regional Traffic Forecasting Model (MINUTP) are indications to Public Works- Transportation staff that these issues will be resolved. This together with the likelihood of an expanded Regional Transportation Plan (RTP) serve to confirm staff's recommendation to the City Council to participate in SLOCOG's request to adopt a Resolution of Exemption choosing to opt out of the CMP. FISCAL IMPACT None Attachments Letter dated October 8, 1996 from SLOCOG Sample Resolution SLOCOG Staff Report for 1/8/97 COG Meeting 1:4ab2419.agd RESOLUTION NO. (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXEMYTION FROM THE CONGESTION MANAGEMENT PROGRAM WHEREAS, AB 2419 (Bowler) amends existing statutes to not require the incorporation of the congestion management program (CMP) into the regional transportation improvement program in those counties that do not elect to prepare and maintain a congestion management program; and WHEREAS, AB 2419 deletes the trip reduction element requirement for the CMP; and WHEREAS, AB 2419 makes the requirements inapplicable in a county in which a majority of the cities, with a majority of the population within incorporated areas, and the County Board of Supervisors adopt resolutions electing to be exempt from the congestion management program; and WHEREAS, the Ten Year Capital Improvement Program (CIP) required under the CMP Largely duplicates the other capital improvement programs that are prepared such as the State Transportation Improvement Program (STIP), the Federal Transportation Improvement Proram the g Capital Improvement Programs (CIP) in the Regional Transportation Plan OM), and the C m, in Transit Plans; and WHEREAS, the CMP law requires annual compilation and reporting of all land use and development activity and the conformity process required the Congestion Management Agency to determine member agency compliance with congestion management efforts and may require remedial measures and possible withholding of funds; and WHEREAS, the level -of- service performance standards can be handled in a manner that gives greater flexibility to local agencies through the regional transportation planning programming process; and WHEREAS, evaluation of all major state highway and regional routes of significance in ongoing monitoring programs and integration of the findings and recommendations into the RIP update process can be used to address concerns; and WHEREAS, local agencies can continue efforts to facilitate reductions in tragic congestion and develop integrated transportation systems and should continue to include congestion mitigation concepts in their land use and circulation elements and ordinances. f'i NOW THEREFORE BE IT RESOLVED AND ORDERED THAT, the City of San Luis Obispo hereby elects to be exempt from the congestion management program; and BE IT FURTHER RESOLVED AND ORDRED THAT, the City of San Luis Obispo will cooperate and work closely with efforts to reduce congestion within the region.. On motion by seconded by and on the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: the foregoing resolution is hereby adopted on this day of ATTEST: City Clerk Bonnie Gawf Approved as to Form: CITY ATTORNEY Jeffrey G. Jorgensen G:\pworks�ab2419.res 1997. Mayor Allen K. Settle San Luis Obispo Council of governments Regional Transportation .Planning Agency A�Atta�derro Metropolitan Planning Organization GfOVQgaay Congestion Management Agency Pissm�oRBeacchh Ronald L. DeCsli - Executive Director State Census Data Affiliate San Luis Obispo San Luis Obispo Counry UuEavera, IV= He 10V :S096 John Dunn, City Manager city of San Luis Obispo OCT 11 1996 16 990 Palm St. San Luis Obispo, CA 93401 /�C�lty���t� tSraLt_�nO. Subj: Maintenance of the Congestion Management Agency and the Cong210A'lWana ment Program Dear John With the passage and adoption of AB 2419 (Bowler), counties have the option of "bowing our of the "congestion managemerrr process. AB 2419 was signed by the Governor and filed with the Secretary of State on July 25, 1996. This bill allows urbanized counties - this includes San Luis Obispo County - to decline to maintain a Congestion Management Agency (CMA) and the Congestion Management Program (CMP)_ The bill makes the CMA/CMP provisions permissive rather than mandatory . Agencies may adopt resolutions electing to be exempt.- the process requires a majority of cities with a majority of population and the County Board of Supervisors to adopt'such resolutions to withdraw from the program. In summary, AB 2419 amends the existing code to:. 1. Not require the incorporation of the congestion management program into the regional transportation improvement program in those counties that do not prepare a congestion management program; and, 2. delete the trip reduction element requirement for the CMP, and, 3. make the requirements inapplicable in a county in which a majority of the cities, with a majority of the population within incorporated areas, and the County Board of Supervisors adopt resolutions electinci to be exempt from the congestion management program. We are asking that you agend¢e a discussion of the CMA/CMP issue before your City Council. he attached Sample Resolution and discussion of the pros and cons are provided for your use. If your agency wants to maintain the CMA and CMP no action by your governing board is required. Please contact me at 781-4662 to notify me of a scheduled date for consideration of this issue. Sincerely; Stephen A. Devencenzi Senior Planner C. City Managers & County Administrator Technical Advisory Committee Members 1150 Osos Street, Ste. 202, San Luis Obispo, CA 93401 ♦TeI. (805) 781-4219* Fax. (805) 781 -5703 E -mail. slocog @slonet.org ♦ Internet. http: / /www.sionet.orR /— ii)slocol Congestion Management Agency and the Congestion Management Program The Congestion Management Program (CMP) process was established as part of the 1989 legislative package known as the Transportation Blueprint. The process was intended to assure that projects funded by new transportation revenues would reduce rather than exacerbate traffic congestion. The Congestion Management Agency is required to identify a specified transportation network and develop projects that are designed to reduce congestion. The basic argument for dropping the CMP reouirement : In many counties the CMP process has not borne the fruits originally anticipated by those who drafted the Transportation Blueprint legislation. Some argue that in reality, these requirements have in many instances become a redundant paper exercise which has done little to reduce congestion and has never actually subjected a county to a fuel tax revenue penalty. Theoretically, failure to follow through on these plans subjects the region and affected jurisdiction to a potential loss of enhanced fuel tax funding attributable to Proposition 111 and any Surface Transportation Programs and State Highway Account Funds. Most of the CMP provisions could easily be integrated into other ongoing COG programs. The basic argument against drooping the CMP) requirement The CMP is a needed tool in the process of addressing difficult problems in resolving congestion issues. The CMP process has value in coordinating the local land use planning process with transportation planning. Abolishing, or making CMP statutes voluntary, will eliminate this incentive for cities/counties to address problematic circulation issues and /or allow growth in a manner which reduces rather than contributes to traffic congestion. If the cities and County of San Luis Obispo "opt -out' of the CMP process, SLOCOG staff proposes that we shift our emphasis in addressing the congestion issue - from development of a trip reduction element and land use reporting system as would be required under the CMP rules, - to: more aggressively seek timely project delivery, pursue increased coordination in the delivery of transportation services, provide enhanced review and coordination on local projects; place greater emphasis on monitoring and addressing congestion on all major regional routes (rather than only maintain highway segments) and continue to assist local agencies in the development of infill and renewal projects. Current CMP Requirements and Proposed Modifications Should the formal CMP Program be deleted major useful program components will be integrated into other agency programs. The CMP law is very prescriptive - requiring the region to adopt a CMP plan and accompanying congestion management programs. The following lists major components of the CMP with recommendations for how each concern would be addressed if the "opt-out" alternative is adopted. Establishment of a CMP Roadway Network. - In this region the network was limited to mainline segment - State highways. No local roads or interchanges were included in the network. Recommendation: Monitor all highway and regional routes in ongoing monitoring programs integrating findings and recommendations into the Regional Transportation Plan (RTP) update process. 2. Roadway Level -of- Service (LOS) Measures. The CMP adopted LOS standards for "mainline" highway segments do not address regional routes or freeway interchanges. The level -of- service measures can be handled in a manner that gives greater flexibility to local agencies through the RTP Recommendation: Integrate concept into RTP. 3. Development of a Regional Traffic Model. A regional traffic model is being developed and should be maintained to allow ongoing monitoring and analysis Recommendation: Retain. 4. Transit Performance Standards - Transit Performance Standards are included in the CMP. We believe these measurement tools are valuable and should be addressed in the context of the overall transit planning process. Recommendation: Integrate into Short Range Transit Plans and RTP. 5. Trip Reduction and Travel Demand Management Program. The original law also specified that each local jurisdiction must adopt a trip reduction ordinance to continue to be eligible for certain state and regional monies. Originally all jurisdictions ratified the APCD Trip Reduction Rule. State law recently changed and prohibits these employer -based trip reduction programs. AB 2419 deletes this entire element regardless of whether the CMP is retained or not Recommendation: Delete program as required by the new law and continue agency efforts to facilitate traffic congestion reduction, develop a seamless integrated mobility system and assist local jurisdictions to include congestion mitigation concepts in general plans and standards. 6. Land Use Development Review Function. This component has been of concern to the staff at member agencies regarding the additional workload requirement to generate and prepare ongoing data regarding zoning and building activity Recommendation: Delete formal requirements; retain via ongoing interagency CEQA and project plan review. 7. Ten year Capitol Improvement Program (CIP). This requirement duplicates the other capital improvement programs that COG prepares (State Transportation Improvement Plan (STIP), Federal Transportation Improvement Plan (FTIP), the Capital Improvement Plan in the Regional Transportation Plan, and the CIP in Transit Plans) ... each of these CIPs are similar but require different formats. Recommendation: Delete - integrate into other applicable COG CIP's. 8. Ongoing formal monitoring and Conformance Review Function. Requires annual compilation of all land use and development activity - labor intensive for member jurisdictions to provide information needed. Conformity process will require SLOCOG to determine member agency compliance and may require remedial measures and possible withholding of funds Recommendation: delete formal process and monitor with enhanced efforts of existing network of agencies. It is anticipated that the integration of the basic concerns of the congestion management legislation in other policy documents such as the Regional Transportation Plan, local Circulation Elements, as well as the activities and functions of SLORTA, Ridesharing and SLOCOG could be accomplished. With this change staff would continue to place emphasis on project monitoring and resolution as well as technical assistance. 4f',7 SAMPLE RESOLUTION RESOLUTION APPROVING EXEMPTION FROM THE CONGESTION MANAGEMENT PROGRAM The following Resolution is now offered and reads: WHEREAS, AB 2419 (Bowler) amends existing statutes to not require the incorporation of the congestion management program (CMP) into the regional transportation improvement program in those counties that do not elect to prepare and maintain a congestion management program; and, WHEREAS, AB 2419 deletes the trip reduction element requirement for the CMP; and, WHEREAS, AB 2419 makes the requirements inapplicable in a county in which a majority of the cities, with a majority of the population within incorporated areas, and the County Board of Supervisors adopt resolutions electing to be exempt from the congestion management program; and, WHEREAS, the Ten year Capital Improvement Program (CIP) required under the CMP largely duplicates the other capital improvement programs that are prepared such as the State Transportation Improvement Program (STIP), the Federal Transportation Improvement Program, the Capital Improvement Program (CIP) in the Regional Transportation Plan (RTP), and the CIP's in Transit Plans; and, WHEREAS, the CMP law requires annual compilation and reporting of all land use and development activity and the conformity process requires the Congestion Management Agency to determine member agency compliance with congestion management efforts and may require remedial measures and possible withholding of funds; and, WHEREAS, the level -of- service performance standards can be handled in a manner that gives greater flexibility to local agencies through the regional transportation planning and programming process; and, WHEREAS, evaluation of all major state highways and regional routes of significance in ongoing monitoring programs and integration of the findings and recommendations into the RTP update process can be used to address these concerns; and, I U11 WHEREAS, local agencies can continue efforts to facilitate reductions in traffic congestion and develop integrated transportation systems and should continue to include congestion mitigation concepts in their land use and circulation elements and ordinances. NOW, THEREFORE, BE IT RESOLVED, that the Agency Name. hereby elects to be exempt from the congestion management program; and, BE IT FURTHER RESOLVED AND ORDERED THAT, the Agency Name will cooperate and work closely with efforts to reduce congestion within the region. On motion by , seconded by and on the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: the foregoing resolution is hereby adopted on this _th day of 199_. ATTEST: APPROVED AS TO FORM AND LEGAL EFFECT: Counsel By: _ Date: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT :MEETING DATE: Airwar x.8,1997 SUBJECT .1h e- Congestion7lilanadement. .:Program SUMMARY The consideration of resolutions regarding the option to "opt -out" of the Congestion Management Program as allowed by AB 2419 has been heard before 5 cities (Arroyo Grande, Atascadero, Grover Beach, Paso Robles and Pismo Beach) and the County. The resolution was unanimously approved in each of the cities. The County Board of Supervisors elected not to ado at a resolution in support of this action at their meeting of December 10, 1996. The legislation's requirement for approval by a majority of the cities with a majority of the population has been accomplished with approval by the 5 cities, however approval is also required by the County Board of Supervisors and therefore the Congestion Management Program will remain in effect absent reconsideration. RECOMMENDATIONS Staff: Begin preparation of an update of the Congestion Management Plan and begin agency compliance monitoring and reporting. TTAC: CTAC: DISCUSSION Staff will continue the Congestion Management Program. This will require preparation of an update of the Congestion Management Plan including: • establishment of a conformance monitoring program for the implementation of all elements of the Congestion Management Plan to determine if the County and cities are conforming to the Plan, and; • preparation of compliance evaluations for each jurisdiction, and; • completion of a Regional Traffic Model, and; • creation of requirements for the development of a land use reporting and monitoring system regarding local agency land use decision impacts on the regional transportation system including the cost of mitigating those impacts, and; • detennination of inclusion of a trip reduction program, and; • assessment of adequacy of adopted standards for the frequency and routing of public transit and coordination of transit service provided by separate operators, and; • assessment of the adequacy of adopted traffic level -of- service standards (as measured by or consistent with the Highway Capacity manual or Circular 212), and; • update of seven year capital improvement program to maintain or improve the traffic level -of- service and transit performance. Staff Report Prepared by Steve Devencenzi CMP update D-6 -1 4f' /a