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HomeMy WebLinkAboutItem 11b - Exemption from the Metropolitan Transportation Authority's Congestion Management Program DATE: March 19, 2019 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer Lisa Flores, Planning & Community Development Administrator SUBJECT: RESOLUTION NO. 7249 ELECTING TO BE EXEMPT FROM THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY’S CONGESTION MANAGEMENT PROGRAM Recommendation: Adopt SUMMARY The Congestion Management Program (“CMP”) was established as part of Proposition 111, approved by California voters in 1990, and was added to the California Government Code. The CMP was mandated to link transportation and land use decisions in order to mitigate traffic congestion and a series of policies were then developed, which became the Transportation Demand Management (“TDM”) program. Over time, public agencies which were not in compliance with the CMP risked losing their allocated proportion of Gas Tax revenues. In June of 2018, the Metro Board, under the provisions of Government Code, approved the initiation of the process to opt out of the mandated CMP, and Metro staff subsequently recommends that the Los Angeles County Metropolitan Region opt out of the program. The opt out provision has been established primarily because Metro holds the view that the CMP is outdated in relation to regional, state, and federal transportation requirements. Therefore, it is recommended that the City Council adopt Resolution No. 7249 electing to be exempt from the CMP. BACKGROUND California Government Code Sections 65088 to 65089.10 required that a CMP be developed, adopted, and updated biennially for every County that has an urbanized area, and this included every City and the County government within that Count y. As the Congestion Management Agency for Los Angeles County, the Metropolitan Resolution 7249 – Metro’s CMP Opt-Out Process February 19, 2019 Page 2 of 3 Transportation Authority (“Metro”) has been responsible for implementing the CMP over time. The CMP links transportation, land use, and air quality decisions, and addresses the impact of local growth on the regional transportation system. It also defines transportation deficiencies using a Level-of-Service standard. Each city is required to submit an annual Local Development Report (“LDR”) that allows Metro to track new building activity, and promote local strategies/programs that benefit the regional transportation system, and to offset the impact of new development. Using the LDR as proof of compliance, local cities are able to “self-certify” that they are meeting the requirements of the CMP. In 2017, Metro suspended the CMP reporting period to allow time to determine the future of the CMP. According to Metro, the CMP is outdated and increasingly out of step with the current regional, state, and federal planning processes and requests, including new greenhouse gas reduction efforts at the State level, and the use of vehicle-miles-travelled (“VMT”) processes as a means of determining impacts, rather than the Level -of-Service standard. In addition, the passage of Measure M and the update of the Long Range Transportation Plan presented Metro with opportunities to consider new ways to measure transportation system performance, measures that complement efforts to combat climate change, support sustainable and vibrant communities, and improve mobility. In early 2018, Metro staff determined that the continued administration of the CMP is an impediment to improving Metro’s envisioned transportation system. On June 28, 2018, the Metro Board approved a staff recommendation to initiate the process to opt out of the State-mandated CMP. Subsequent to Board approval, Metro reached out to the local jurisdictions with the option to opt out of the CMP as well. DISCUSSION If the Los Angeles County region opts out of the CMP, it would e liminate the financial and staffing burden put on cities when they have to provide compliance reports to the State. According to Government Code Section 65088.3, public jurisdictions within a county can only opt out of the State’s CMP requirements without penalty (i.e. losing Gas Tax revenues), if a majority of the local agencies representing a majority of the county’s population adopt resolutions to opt out of the CMP. Opting out of the CMP is a good decision for the City of Arcadia because it eliminates the risk of losing State Gas Tax funds, or being ineligible to receive State and Federal Transportation Improvement Program funds, if the City is found to be out of compliance. Opting out also eliminates the administrative and financial burden of preparing the documents to demonstrate compliance with the CMP, and it will ensure that the City is supporting the most recent methodology being used countywide to measure and track growth and development as it relates to regional transportation systems. Resolution 7249 – Metro’s CMP Opt-Out Process February 19, 2019 Page 3 of 3 Metro has asked those cities desiring to opt out of the CMP to adopt a resolution of support for the action. Upon receipt of formally adopted resolutions from a majority of local jurisdictions representing a majority of the population, Metro will notify the State Controller, Caltrans, and SCAG that Los Angeles County has opted out of the CMP in accordance with statutory requirements. ENVIRONMENTAL IMPACT The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and thus, the action is exempt. FISCAL IMPACT There will be no direct fiscal impact incurred by the City by adopting this resolution; however, there will be a long-term savings in staff time by eliminating the need to prepare documents for compliance with the CMP. There is no risk to the City of losing its Gas Tax revenues by joining Metro and other Los Angeles County cities in this effort to opt out. RECOMMENDATION It is recommended that the City Council adopt Resolution 7249 electing to be exempt from the Los Angeles County Metropolitan Transportation Autho rity’s Congestion Management Program. Attachment: Resolution No. 7249