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.
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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.
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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
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