HomeMy WebLinkAboutAgenda Report - June 3, 2020 C-14c-14
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AGENDA TITLE Adopt Resolution Exempting City of Lodi from State-Mandated Congestion
Management Program in Conjunction with San Joaquin Council of Governments'
Effort to Achieve County-wide Exemption in Accordance with California Government
Code $65088.3
June 3, 2020MEETING DATE
PREPARED BY:Public Works Director
RECOMMENDED ACTION: Adopt resolution exempting City of Lodifrom State-mandated
Congestion Management Program in conjunction with San Joaquin
Council of Governments' effort to achieve County-wide exemption
in accordance with California Government Code 565088.3.
BACKGROUND INFORMATION: The San Joaquin Council of Governments (SJCOG) Regional
Congestion Management Program (RCMP) is required to abide by
State Congestion Management Plan (SCMP). These plans reflect
their respective State and local planning guidelines to reduce vehicle congestion on roadways and are
necessary to satisff California Environmental Quality Act (CEQA) requirements. Pursuant to California
Government Code 565088.3, an exemption clause allows a county to "opt out" of the SCMP if the
majority of jurisdictions that represent the majority of the county's population adopt resolutions "opting
out" of the SCMP.
The implementation of Senate Bill (SB) 743 strongly encourages RCMP's to replace level of service
(LOS) as the primary performance metric with vehicle miles traveled (VMT). ln December 2019,
SJCOG's Board of Directors passed Resolution R-20-16 authorizing SJCOG's Executive Director to start
the process of "opting out" of the SCMP. On December 30, 2019, SJCOG emailed information that
included a letter, December 2019 SJCOG Board staff report, resolution R-20-16, and examples to
reference (Exhibit A), outlining the benefit of opting out of the SCMP.
SJCOG's letter references the administrative benefits and cost savings of opting out of the SCMP,
including:
. Removes the need to submit project referralapplications and environmentaldocumentation for
land use review; and. Removes the follow up from jurisdictions about project and mitigation measure updates; and
. Eliminates the chance of losing State and Federal funding due to non-compliance with the LOS
threshold due to potentially conflicting CEQA analyses; and. Eliminates the need to submit updates to complete seven-year capital improvement program.
It is recommended that City Council consider:
1) Finding that the proposed action is exempt from the California Environmental Quality Act for
reasons stated in this staff report; and
fM
APPROVED:
K:\WP\COU NC I L\2020\CC_CMP_Exemption.doc
r, City Manager
5t1512020
Adopt Resolution Exempting City of Lod¡from State-Mandated Congestion Menagement Program in Conjunction with San Joaquin Council of Governments' Effort to
Achieve County-wide Exemption in Accordance with California Govemment Code 565088.3
June 3, 2020
Page 2
2) Adopting a resolution, as authorized by the California Government Code 565088.3, electing to opt
out of the SCMP.
lf SJCOG is successful in acquiring majority jurisdictional support and "opting out" of the SCMP, SJCOG
can revise their RCMP to fulfill Federal Congestion Management Plan requirements along with
considering the incorporation of data that meets the information demands of jurisdictions.
FISCAL IMPAGT: Opting out of this program willalleviate the city obligation under SJCOG's
RCMP and eliminate the chance of losing state and Federal funding due to
, noncompliance with SCMP. There is no impact to the General Fund.
FUNDING AVAILABLE: Not applicable.
Charles E. Swimley, Jr
Public Works Director
CES/LC/tc
Attachment
Cc: Senior Civil Engineer
Public Works Management Analyst
Travis Yokoyama, SJCOG
K:WVP\COU NC I L\2020\CC_CMP_Exemption.doc 5t19t2020
SAN J OAQ UIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue Stockton, California 95202 P 209.235.0600 F 209.235.0438 www.sjcog.org
Doug Kuehne
CHAIR
Jesus Andrade
VICE CHAIR
Andrew T. Chesley
EXECUTIVE DIRECTOR
Member Agencies
CITIES OF ESCALON,
LATHROP, LODI,
MANTECA, RIPON,
STOCKTON, TRACY,
AND THE COUNTY OF
SAN JOAQUIN
12/30/19
Dear Representative of San Joaquin County,
SJCOG started the “Opt Out” process with the goal of significantly reducing the administrative
burden passed upon jurisdiction staff and saving SJCOG money on tasks to meet California
Congestion Management Program (CMP) statutes. More specifically, “Opting Out” of State
CMP:
Removes the need to submit project referral applications and environmental
documentation for land use review
Removes the follow up from jurisdictions about project and mitigation measure
updates
Eliminates the chance of losing State and Federal funding due to non-compliance with
the LOS threshold, and
Eliminates the need to submit updates to complete seven-year capital improvement
program.
On December 5, 2019, SJCOG’s Board of Directors’ unanimously approved Resolution R-20-
16 (Attachment A) and authorized the San Joaquin Council of Governments (SJCOG)
Executive Director to start the process of “Opting Out” of State CMP.
So What Are the Next Steps?
After receiving SJCOG Board’s approval, SJCOG must ask for your assistance in passing
resolutions by your Board of Supervisors/City Council by June 30, 2020. Without your help,
SJCOG cannot move forward “Opting Out” of State CMP.
As SJCOG is not the first Congestion Management Agency to “Opt Out” of State CMP,
SJCOG can refer jurisdiction(s) to previously generated staff reports, resolutions, and/or
supporting documentation. Attached are two examples from Los Angeles County and City of
San Gabriel. SJCOG recommends jurisdiction(s) duplicate or reference these staff report(s) in
preparation of your own staff report. In terms of a resolution, SJCOG had previously generated
a sample resolution that is within December 2019’s Board staff report.
Staff feels comfortable jurisdiction(s) will be able to generate a staff report and resolution with
these examples. In addition, SJCOG will be available over the phone or in-person to answer
any questions throughout a jurisdiction’s “opt out” process. If you wish to meet in-person,
please feel to email me a list of dates and times. Staff will be in contact periodically to see how
your process is going and plans to be in attendance of your Board of Supervisors/City Council
at the time of approval.
Thank you and do not hesitate to contact me at Yokoyama@SJCOG.ORG.
Sincerely,
Travis Yokoyama
ATTACHMENT A - Opt Out of State RCMP Requirements - Dec 2019 Board
ATTACHMENT B - Example (County of Los Angeles)
ATTACHMENT C - Example (City of San Gabriel)
Attachment A -SJCOG Letter to Jurisdictions (December 30,
2019)
December 2019
SJCOG Board
STAFF REPORT
SUBJECT: California Congestion Management
Program (CMP) Opt-Out
RECOMMENDED ACTION: Approve Resolution R-20-16
and Authorize SJCOG Executive
Director to Start the Process of Opting
Out of State CMP
DISCUSSION:
SUMMARY:
Like other Congestion Management Agencies (CMA)
in California, San Joaquin Council of Governments
(SJCOG) is at a “crossroads” on the issue of “Opting
Out” of California’s Congestion Management
Program (CMP). “Opting Out” of CMP does the
following:
Removes the need to submit project referral
applications and environmental documentation
for land use review
Removes the follow up from jurisdictions
about project and mitigation measure updates
Eliminates the chance of losing State and Federal funding due to non-compliance with the
LOS threshold, and
Eliminates the need to submit updates to complete seven-year capital improvement
program.
Staff concludes these benefits, along with the chance of building a new CMP that fulfills our
Federal CMP requirements and better fit the needs of our stakeholders, should be strongly
considered by SJCOG’s Board. By state law, SJCOG is required to prepare and update a CMP
biennially for San Joaquin County. Initiated by the passage of Proposition 111 of 1990 (Increasing
the state gas tax from 9 to 18 cents), the State CMP was later supported by adoption of San Joaquin
County Local Measure K on 2006. The intent of the CMP process tied new tax revenue source to
a coordinated process to review land use development and transportation programs with the intent
to reduce traffic congestion.
State law allows SJCOG to “Opt Out” of
State CMP with no loss of gas tax
revenues as long as a majority of local
agencies representing a majority of the
county’s population pass resolutions in
support. SJCOG staff is seeking
support from all local agencies to “opt
out” thereby reducing the
administrative burden to comply with
outdated level-of-service requirements.
ATTACHMENT A - Opt Out of State RCMP Requirements - Dec 2019
Board
The state CMP requires the transportation system to be measured using Level of Service (LOS), a
letter grade system from “A” to “F” based on congestion level. To date, the CMP LOS analysis
“piggybacks” on the transportation impact analysis to meet California Environmental Quality Act
(CEQA) requirements for a project (i.e., Mitigated Negative Declaration, Environmental Impact
Report, etc.) – local agencies usually use the same analysis for both purposes. However, per Senate
Bill 743 (Steinberg 2013) all jurisdictions will be required to use Vehicle Miles Traveled (VMT)
rather than LOS in CEQA documents starting in July 2020. At that point, the CMP LOS analysis
would be an additional requirement on jurisdictions that would potentially conflict with the
impacts and mitigation measures found in CEQA. “Opting out” eliminates this conflict.
RECOMMENDATION:
SJCOG staff recommends the SJCOG Board of Directors approve Resolution R-20-16 (Appendix
B) and authorize the Executive Director to start the process of opting out of California CMP, in
accordance with State CMP statute.
FISCAL IMPACT:
Opting out of State CMP eliminates the need to staff activities for state CMP compliance. For this
current fiscal year, SJCOG staff anticipates the Board adopted, budgeted resources for the
Congestion Management Program (Work Element # 801.04) will be reduced by approximately
25%, a reduction of $45,000. These savings would come from a combination of funding sources
including Measure K and FHWA Planning. In addition to an annual savings, every two years,
SJCOG spends $150,000 for consultant services related to state CMP updates which would no
longer be necessary. Any savings can be reallocated to other eligible work items in SJCOG’s OWP.
State gas tax revenue will continue to flow to local jurisdictions. Local jurisdictions will also
experience savings in their own activities related to state CMP compliance.
BACKGROUND:
Seven incorporated cities, the County of San Joaquin,
and SJCOG share various State CMP statutory
responsibilities; including monitoring traffic count
locations on select arterials, implementing transportation
improvements, adoption of travel demand management
and land use ordinances, and mitigating congestion
impacts.
The framework of State CMP is predicated on adding roadway lanes to mitigate congestion levels,
with LOS as the main performance metric. The recent adoption of Assembly Bill (AB) 32:
California Global Warming Solutions Act of 2006), SB 375 (Sustainable Communities and
Climate Protection Act of 2008), SB 743 (Environmental quality: transit oriented infill projects,
judicial review streamlining for environmental leadership development projects) and SB 32
(California Global Warming Solutions Act of 2006) directly or indirectly moved CEQA away
from LOS as a performance metric. Therefore, the State CMP became a bureaucratic checklist that
is completed for the purpose of retaining eligibility for state and federal funds; instead of
promoting a more sustainable and equitable region.
LOS is also embedded within our Measure K Renewal Ordinance of 2006 as a performance metric.
Measure K Renewal Ordinance and programs will be updated after the opt out is completed.
“Opting out” of State CMP is the first task in building a platform to consider new ways of
measuring transportation system performance along with VMT that complement efforts to combat
climate change, support sustainable, vibrant communities and improve mobility.
Reasons to “Opt Out” of State CMP
SJCOG has listed the reasons for “Opting Out” of State CMP on next page. In short, our current
outdated form of measuring performance along our regional roadway system has been costly and
tedious with little to no benefit to either jurisdiction nor SJCOG.
For SJCOG and jurisdictions alike, the
continued administration of the State
CMP may not have the value it once had
in improving the region’s transportation
system.
“Opt Out” Process
Pursuant to California Government Code §65088.3, counties
may “Opt Out” of the CMP requirement with no loss of gas tax
revenues if the majority of jurisdictions that represent the
majority of the county’s population pass resolutions that request
to “Opt Out” of California CMP. SJCOG needs a minimum of 5
jurisdictions approve resolutions by City Council/Board of
Supervisors; of which one must be City of Stockton or the
County. Based on American Factfinder, City of Stockton
accounts for 42% of total population in San Joaquin County.
Should the “Opt Out” occur, SJCOG staff anticipates immediate
implementation. Planning and Engineering staff will no longer
have to perform duties related to the state CMP.
Examples
SJCOG will not be the first to “Opt Out” of State CMP in California and even in San Joaquin
Valley. The following agencies have either already opted out, are currently in the process, or
passed a resolution that recommends “Opt Out” of State CMP.
“Opted Out”
Fresno Council of Governments (Fresno County) – 1997
Sacramento Transportation Authority (Sacramento County) – 1996
San Diego Association of Governments (San Diego County) – 2009
San Luis Obispo Council of Governments (San Luis Obispo County) – 1997
Santa Cruz County Regional Transportation Commission (Santa Cruz County) – 2000
Sonoma County Transportation Authority (Sonoma County) – 2000s
In the Process of “Opting Out”
Los Angeles Metro (Los Angeles County) – Board passed a resolution initiating process in
June 2018. City of Los Angeles and 45 other member jurisdictions passed resolutions to
“Opt Out” by June 2019.
Passed a Resolution (3000 Revised) that encourages their counties to “Opt Out”
Metropolitan Transportation Commission (Member Counties with CMAs include
Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano)
Alternative Considered
SJCOG can continue to fulfill the requirements as required b y State CMP and move forward with
updating the current CMP. We do not recommend this alternative as SJCOG has examined
multiple ways of adapting the state legislative requirements to better fit the needs of our
stakeholders and found little benefit of preserving State CMP. Opting out of the CMP gives
SJCOG the flexibility to implement mobility improvements through the programs and projects in
the Long Range Transportation Plan adopted by the Board, while furthering improvements to
transportation capacity, choice and cost-effectiveness.
Determination
CMP LOS analysis was originally a pioneering effort in coordinated transportation planning, but
now will become a burdensome and duplicative requirement for local agencies that is out of step
with statewide transportation goals and greenhouse gas emission targets. To reiterate the reasons
to “Opt Out” of State CMP, the following requirements would be removed:
Submittal of project referral application & environmental documents for land use review;
Follow up correspondence from jurisdictions about project & mitigation measure updates;
The chance of losing State & Federal funding; And
Submittal of updates to complete seven-year capital improvement program.
SJCOG staff sees merit in “opting out” of the State CMP and does recommend jurisdictions start
the “Opt Out” process that results in the adoption of resolutions by City Councils/Board of
Supervisors. SJCOG staff prefers all jurisdictions adopt resolutions to “Opt Out” State CMP;
however, the minimum requirement of 5 jurisdictions that includes City of Stockton or San
Joaquin County is acceptable.
Impact to Measure K Program
There is a linkage between Measure K projects and the CMP. The Measure K Program, in Section
7 of the Ordinance, identifies requirements of Measure K Projects to the adopted Congestion
Management Program. It further goes into technical detail about state CMP requirements, which
identified earlier in this staff report, are now antiquated. If and when this region “Opts Out” of
State CMP, the Measure K ordinance will require an amendment to remove these outdated
references.
This can occur during the annual Call for Amendments to the Measure K Ordinance conducted by
SJCOG Board. Appendix E is an excerpt from the Measure K Ordinance and illustrates the
strikeover (deleted) text and new text that would be submitted for the proposed Measure K
amendment. Ultimately, updates of SJCOG’s CMP will achieve the goal of meeting Federal CMP
requirements while adding policies, information, and/or action items that better supports the needs
of jurisdictions within San Joaquin County.
Jurisdiction Review
This staff report was distributed on 10/31/19 to primarily Planning staff for review with comments
and questions due at 5:00 PM on 11/21/19. SJCOG felt Planning staff would be the most
incentivized for “Opting Out” of State CMP due to the current staff time needed to receive and
respond to SJCOG letters and provide updates to projects and associated mitigation measures.
As of 11/21/19, no comments were received from Planning Staff. On 11/22/19, San Joaquin
County left a voicemail to request clarity on possibly whom would be right department to take
forth a recommendation to their Board of Supervisors. On 11/25/19, SJCOG emailed San Joaquin
County to provide clarification and availability to discuss “Opting Out” of State CMP more in
detail, if needed.
COMMITTEE ACTIONS:
Technical Advisory Committee – Unanimously approved on 11/14/19.
o City of Lodi was provided a recommended implementation deadline of July 1,
2020.
o City of Ripon received assurance that there are no drawbacks by SJCOG “Opting
Out” of State CMP.
o City of Tracy was provided clarity on minimum participation requirement of
jurisdictions to “Opt Out” of State CMP.
Management & Finance Committee – Unanimously approved on 11/20/19.
o Cities of Tracy and Ripon asked similar questions as Cities of Lodi and Ripon at
TAC.
o City of Stockton asked why SJCOG did not “Opt Out” earlier. SJCOG noted SB
743 implementation in 2020 was the main factor to “Opt Out.”
Citizens Advisory Committee – Unanimously approved on 11/20/19.
o Sierra Club was provided clarification on SB 743 and received assurance that there
are no drawbacks by SJCOG “Opting Out” of State CMP.
Executive Committee - Unanimously approved on 11/22/19.
o City of Lodi was provided clarity on VMT.
o City of Ripon was provided clarity that staff currently follow s both federal and
state CMP statutes. This request will opt SJCOG out of state CMP statutes.
NEXT STEPS:
Staff will move forward with the follow steps:
Monitor and provide information/advise while jurisdictions move forward with the
resolution process with their City Councils/Board of Supervisors;
Work with our jurisdictions while amending CMP to fulfill federal CMP statutes and better
fit the needs of jurisdictions in San Joaquin County;
Plan to amend San Joaquin County’s Measure K in 2020 and replace State CMP
requirements with reference that Measure K will comply with Federal CMP requirements;
And
Update other SJCOG documents, like SJCOG’s Overall Work Program, to reflect the
removal of State CMP statutes.
ATTACHMENTS:
A. SJCOG Resolution R-20-16
B. Sample Resolution for City / County
C. State Statutes Related to Congestion Management Programs
D. List of Current & Past CMAs and Sources
E. Draft Measure K Renewal Ordnance of 2006 Amended
F. Draft SJCOG Overall Work Program Updated
Prepared by: Travis Yokoyama, Associate Regional Planner
Councilmember Andrade, Stockton; Councilmember Jobrack, Stockton; Supervisor Miller, SJC; Councilmember Murken, Escalon; Mayor Rickman, Tracy; Councilmember Singh, Manteca;Vice Mayor Wright, Stockton; Mayor Zuber, Ripon. None.Mayor Dhaliwal, Lathrop; Supervisor Elliot, SJC; Mayor Pro Tem Kuehne, Lodi; Supervisor Winn, SJC.
RESOULTION NO. ___________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
______________________________, 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 San Joaquin Council of Governments (SJCOG) has been designated as the Congestion
Management Agency responsible for San Joaquin 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 _____________________ the SJCOG Board of Directors took action to direct SJCOG staff to work
with local jurisdictions to prepare the necessary resolutions to exempt San Joaquin County from the Congestion
Management Program.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of ____________, California, as follows:
1.That the above recitations are true and correct.
2.That the City of _____________ 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 ____________ on the
____ day of _________________________ by the following vote, to wit:
AYES:
NOES:
ABSENT:
_______________________________________
(Name), Mayor
ATTACHMENT B - Sample Resolution for City/County
ATTEST:
_______________________________________
(Name), City Clerk
(Seal)
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 65088-65089.10
65088. The Legislature finds and declares all of the following:
(a) Although California's economy is critically dependent upon
transportation, its current transportation system relies primarily
upon a street and highway system designed to accommodate far fewer
vehicles than are currently using the system.
(b) California's transportation system is characterized by
fragmented planning, both among jurisdictions involved and among the
means of available transport.
(c) The lack of an integrated system and the increase in the
number of vehicles are causing traffic congestion that each day
results in 400,000 hours lost in traffic, 200 tons of pollutants
released into the air we breathe, and three million one hundred
thousand dollars ($3,100,000) added costs to the motoring public.
(d) To keep California moving, all methods and means of transport
between major destinations must be coordinated to connect our vital
economic and population centers.
(e) In order to develop the California economy to its full
potential, it is intended that federal, state, and local agencies
join with transit districts, business, private and environmental
interests to develop and implement comprehensive strategies needed to
develop appropriate responses to transportation needs.
(f) In addition to solving California's traffic congestion crisis,
rebuilding California's cities and suburbs, particularly with
affordable housing and more walkable neighborhoods, is an important
part of accommodating future increases in the state's population
because homeownership is only now available to most Californians who
are on the fringes of metropolitan areas and far from employment
centers.
(g) The Legislature intends to do everything within its power to
remove regulatory barriers around the development of infill housing,
transit-oriented development, and mixed use commercial development in
order to reduce regional traffic congestion and provide more housing
choices for all Californians.
(h) The removal of regulatory barriers to promote infill housing,
transit-oriented development, or mixed use commercial development
does not preclude a city or county from holding a public hearing nor
finding that an individual infill project would be adversely impacted
by the surrounding environment or transportation patterns.
65088.1. As used in this chapter the following terms have the
following meanings:
(a) Unless the context requires otherwise, "agency" means the
agency responsible for the preparation and adoption of the congestion
management program.
(b) "Bus rapid transit corridor" means a bus service that includes
at least four of the following attributes:
(1) Coordination with land use planning.
(2) Exclusive right-of-way.
(3) Improved passenger boarding facilities.
(4) Limited stops.
(5) Passenger boarding at the same height as the bus.
ATTACHMENT C - State Statutes Related to
Congestion Management Programs
(6) Prepaid fares.
(7) Real-time passenger information.
(8) Traffic priority at intersections.
(9) Signal priority.
(10) Unique vehicles.
(c) "Commission" means the California Transportation Commission.
(d) "Department" means the Department of Transportation.
(e) "Infill opportunity zone" means a specific area designated by
a city or county, pursuant to subdivision (c) of Section 65088.4,
that is within one-half mile of a major transit stop or high-quality
transit corridor included in a regional transportation plan. A major
transit stop is as defined in Section 21064.3 of the Public Resources
Code, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours.
(f) "Interregional travel" means any trips that originate outside
the boundary of the agency. A "trip" means a one-direction vehicle
movement. The origin of any trip is the starting point of that trip.
A roundtrip consists of two individual trips.
(g) "Level of service standard" is a threshold that defines a
deficiency on the congestion management program highway and roadway
system which requires the preparation of a deficiency plan. It is the
intent of the Legislature that the agency shall use all elements of
the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
(h) "Local jurisdiction" means a city, a county, or a city and
county.
(i) "Multimodal" means the utilization of all available modes of
travel that enhance the movement of people and goods, including, but
not limited to, highway, transit, nonmotorized, and demand management
strategies including, but not limited to, telecommuting. The
availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance
with the size and complexity of different urbanized areas.
(j) (1) "Parking cash-out program" means an employer-funded
program under which an employer offers to provide a cash allowance to
an employee equivalent to the parking subsidy that the employer
would otherwise pay to provide the employee with a parking space.
"Parking subsidy" means the difference between the out-of-pocket
amount paid by an employer on a regular basis in order to secure the
availability of an employee parking space not owned by the employer
and the price, if any, charged to an employee for use of that space.
(2) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
(k) "Performance measure" is an analytical planning tool that is
used to quantitatively evaluate transportation improvements and to
assist in determining effective implementation actions, considering
all modes and strategies. Use of a performance measure as part of the
program does not trigger the requirement for the preparation of
deficiency plans.
(l) "Urbanized area" has the same meaning as is defined in the
1990 federal census for urbanized areas of more than 50,000
population.
(m) Unless the context requires otherwise, "regional agency" means
the agency responsible for preparation of the regional
transportation improvement program.
65088.3. This chapter does not apply in a county in which a
majority of local governments, collectively comprised of the city
councils and the county board of supervisors, which in total also
represent a majority of the population in the county, each adopt
resolutions electing to be exempt from the congestion management
program.
65088.4. (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
(b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone.
(c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan, and is a transit priority area within a sustainable communities
strategy or alternative planning strategy adopted by the applicable
metropolitan planning organization.
65088.5. Congestion management programs, if prepared by county
transportation commissions and transportation authorities created
pursuant to Division 12 (commencing with Section 130000) of the
Public Utilities Code, shall be used by the regional transportation
planning agency to meet federal requirements for a congestion
management system, and shall be incorporated into the congestion
management system.
65089. (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program shall be developed
in consultation with, and with the cooperation of, the transportation
planning agency, regional transportation providers, local
governments, the department, and the air pollution control district
or the air quality management district, either by the county
transportation commission, or by another public agency, as designated
by resolutions adopted by the county board of supervisors and the
city councils of a majority of the cities representing a majority of
the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency. The highway
and roadway system shall include at a minimum all state highways and
principal arterials. No highway or roadway designated as a part of
State CMP
"Opt Out"
Criteria
the system shall be removed from the system. All new state highways
and principal arterials shall be designated as part of the system,
except when it is within an infill opportunity zone. Level of service
(LOS) shall be measured by Circular 212, by the most recent version
of the Highway Capacity Manual, or by a uniform methodology adopted
by the agency that is consistent with the Highway Capacity Manual.
The determination as to whether an alternative method is consistent
with the Highway Capacity Manual shall be made by the regional
agency, except that the department instead shall make this
determination if either (i) the regional agency is also the agency,
as those terms are defined in Section 65088.1, or (ii) the department
is responsible for preparing the regional transportation improvement
plan for the county.
(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A except when the area is in an infill opportunity
zone. When the level of service on a segment or at an intersection
fails to attain the established level of service standard outside an
infill opportunity zone, a deficiency plan shall be adopted pursuant
to Section 65089.4.
(2) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods. At a minimum, these performance
measures shall incorporate highway and roadway system performance,
and measures established for the frequency and routing of public
transit, and for the coordination of transit service provided by
separate operators. These performance measures shall support
mobility, air quality, land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).
(3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, and park-and-ride lots; improvements in
the balance between jobs and housing; and other strategies,
including, but not limited to, flexible work hours, telecommuting,
and parking management programs. The agency shall consider parking
cash-out programs during the development and update of the travel
demand element.
(4) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts. This
program shall measure, to the extent possible, the impact to the
transportation system using the performance measures described in
paragraph (2). In no case shall the program include an estimate of
the costs of mitigating the impacts of interregional travel. The
program shall provide credit for local public and private
contributions to improvements to regional transportation systems.
However, in the case of toll road facilities, credit shall only be
allowed for local public and private contributions which are
unreimbursed from toll revenues or other state or federal sources.
The agency shall calculate the amount of the credit to be provided.
The program defined under this section may require implementation
through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
(5) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and goods, to mitigate
regional transportation impacts identified pursuant to paragraph (4).
The program shall conform to transportation-related vehicle emission
air quality mitigation measures, and include any project that will
increase the capacity of the multimodal system. It is the intent of
the Legislature that, when roadway projects are identified in the
program, consideration be given for maintaining bicycle access and
safety at a level comparable to that which existed prior to the
improvement or alteration. The capital improvement program may also
include safety, maintenance, and rehabilitation projects that do not
enhance the capacity of the system but are necessary to preserve the
investment in existing facilities.
(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions. The computer models shall be consistent
with the modeling methodology adopted by the regional planning
agency. The data bases used in the models shall be consistent with
the data bases used by the regional planning agency. Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
(d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a deficiency
plan pursuant to Section 65089.4, shall grant to that development an
appropriate reduction in the parking requirements otherwise in effect
for new commercial development.
(2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
65089.1. (a) For purposes of this section, "plan" means a trip
reduction plan or a related or similar proposal submitted by an
employer to a local public agency for adoption or approval that is
designed to facilitate employee ridesharing, the use of public
transit, and other means of travel that do not employ a
single-occupant vehicle.
(b) An agency may require an employer to provide rideshare data
bases; an emergency ride program; a preferential parking program; a
transportation information program; a parking cash-out program, as
defined in subdivision (f) of Section 65088.1; a public transit
subsidy in an amount to be determined by the employer; bicycle
parking areas; and other noncash value programs which encourage or
facilitate the use of alternatives to driving alone. An employer may
offer, but no agency shall require an employer to offer, cash,
prizes, or items with cash value to employees to encourage
participation in a trip reduction program as a condition of approving
a plan.
(c) Employers shall provide employees reasonable notice of the
content of a proposed plan and shall provide the employees an
opportunity to comment prior to submittal of the plan to the agency
for adoption.
(d) Each agency shall modify existing programs to conform to this
section not later than June 30, 1995. Any plan adopted by an agency
prior to January 1, 1994, shall remain in effect until adoption by
the agency of a modified plan pursuant to this section.
(e) Employers may include disincentives in their plans that do not
create a widespread and substantial disproportionate impact on
ethnic or racial minorities, women, or low-income or disabled
employees.
(f) This section shall not be interpreted to relieve any employer
of the responsibility to prepare a plan that conforms with trip
reduction goals specified in Division 26 (commencing with Section
39000) of the Health and Safety Code, or the Clean Air Act (42 U.S.C.
Sec. 7401 et seq.).
(g) This section only applies to agencies and employers within the
South Coast Air Quality Management District.
65089.2. (a) Congestion management programs shall be submitted to
the regional agency. The regional agency shall evaluate the
consistency between the program and the regional transportation plans
required pursuant to Section 65080. In the case of a multicounty
regional transportation planning agency, that agency shall evaluate
the consistency and compatibility of the programs within the region.
(b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section 65082.
If the regional agency finds the program is inconsistent, it may
exclude any project in the congestion management program from
inclusion in the regional transportation improvement program.
(c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Sections 182.6 and 182.7 of the Streets and
Highways Code in a county unless a congestion management program has
been adopted by December 31, 1992, as required pursuant to Section
65089. No surface transportation program funds or congestion
mitigation and air quality funds shall be programmed for a project in
a local jurisdiction that has been found to be in nonconformance
with a congestion management program pursuant to Section 65089.5
unless the agency finds that the project is of regional significance.
(2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal census
or a subsequent federal census, within a county which previously did
not include an urbanized area, a congestion management program as
required pursuant to Section 65089 shall be adopted within a period
of 18 months after designation by the Governor.
(d) (1) It is the intent of the Legislature that the regional
agency, when its boundaries include areas in more than one county,
should resolve inconsistencies and mediate disputes that arise
between agencies related to congestion management programs adopted
for those areas.
(2) It is the further intent of the Legislature that disputes that
may arise between regional agencies, or agencies that are not within
the boundaries of a multicounty regional transportation planning
agency, should be mediated and resolved by the Secretary of
Transportation, or an employee of the Transportation Agency
designated by the secretary, in consultation with the air pollution
control district or air quality management district within whose
boundaries the regional agency or agencies are located.
(e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management program
of the county where the facility is located. If a dispute arises
involving a local jurisdiction, the agency may request the regional
agency to mediate the dispute through procedures pursuant to
subdivision (d). Failure to resolve the dispute does not invalidate
the congestion management program.
65089.3. The agency shall monitor the implementation of all
elements of the congestion management program. The department is
responsible for data collection and analysis on state highways,
unless the agency designates that responsibility to another entity.
The agency may also assign data collection and analysis
responsibilities to other owners and operators of facilities or
services if the responsibilities are specified in its adopted
program. The agency shall consult with the department and other
affected owners and operators in developing data collection and
analysis procedures and schedules prior to program adoption. At least
biennially, the agency shall determine if the county and cities are
conforming to the congestion management program, including, but not
limited to, all of the following:
(a) Consistency with levels of service standards, except as
provided in Section 65089.4.
(b) Adoption and implementation of a program to analyze the
impacts of land use decisions, including the estimate of the costs
associated with mitigating these impacts.
(c) Adoption and implementation of a deficiency plan pursuant to
Section 65089.4 when highway and roadway level of service standards
are not maintained on portions of the designated system.
65089.4. (a) A local jurisdiction shall prepare a deficiency plan
when highway or roadway level of service standards are not maintained
on segments or intersections of the designated system. The
deficiency plan shall be adopted by the city or county at a noticed
public hearing.
(b) The agency shall calculate the impacts subject to exclusion
pursuant to subdivision (f) of this section, after consultation with
the regional agency, the department, and the local air quality
management district or air pollution control district. If the
calculated traffic level of service following exclusion of these
impacts is consistent with the level of service standard, the agency
shall make a finding at a publicly noticed meeting that no deficiency
plan is required and so notify the affected local jurisdiction.
(c) The agency shall be responsible for preparing and adopting
procedures for local deficiency plan development and implementation
responsibilities, consistent with the requirements of this section.
The deficiency plan shall include all of the following:
(1) An analysis of the cause of the deficiency. This analysis
shall include the following:
(A) Identification of the cause of the deficiency.
(B) Identification of the impacts of those local jurisdictions
within the jurisdiction of the agency that contribute to the
deficiency. These impacts shall be identified only if the calculated
traffic level of service following exclusion of impacts pursuant to
subdivision (f) indicates that the level of service standard has not
been maintained, and shall be limited to impacts not subject to
exclusion.
(2) A list of improvements necessary for the deficient segment or
intersection to maintain the minimum level of service otherwise
required and the estimated costs of the improvements.
(3) A list of improvements, programs, or actions, and estimates of
costs, that will (A) measurably improve multimodal performance,
using measures defined in paragraphs (1) and (2) of subdivision (b)
of Section 65089, and (B) contribute to significant improvements in
air quality, such as improved public transit service and facilities,
improved nonmotorized transportation facilities, high occupancy
vehicle facilities, parking cash-out programs, and transportation
control measures. The air quality management district or the air
pollution control district shall establish and periodically revise a
list of approved improvements, programs, and actions that meet the
scope of this paragraph. If an improvement, program, or action on the
approved list has not been fully implemented, it shall be deemed to
contribute to significant improvements in air quality. If an
improvement, program, or action is not on the approved list, it shall
not be implemented unless approved by the local air quality
management district or air pollution control district.
(4) An action plan, consistent with the provisions of Chapter 5
(commencing with Section 66000), that shall be implemented,
consisting of improvements identified in paragraph (2), or
improvements, programs, or actions identified in paragraph (3), that
are found by the agency to be in the interest of the public health,
safety, and welfare. The action plan shall include a specific
implementation schedule. The action plan shall include implementation
strategies for those jurisdictions that have contributed to the
cause of the deficiency in accordance with the agency's deficiency
plan procedures. The action plan need not mitigate the impacts of any
exclusions identified in subdivision (f). Action plan strategies
shall identify the most effective implementation strategies for
improving current and future system performance.
(d) A local jurisdiction shall forward its adopted deficiency plan
to the agency within 12 months of the identification of a
deficiency. The agency shall hold a noticed public hearing within 60
days of receiving the deficiency plan. Following that hearing, the
agency shall either accept or reject the deficiency plan in its
entirety, but the agency may not modify the deficiency plan. If the
agency rejects the plan, it shall notify the local jurisdiction of
the reasons for that rejection, and the local jurisdiction shall
submit a revised plan within 90 days addressing the agency's
concerns. Failure of a local jurisdiction to comply with the schedule
and requirements of this section shall be considered to be
nonconformance for the purposes of Section 65089.5.
(e) The agency shall incorporate into its deficiency plan
procedures, a methodology for determining if deficiency impacts are
caused by more than one local jurisdiction within the boundaries of
the agency.
(1) If, according to the agency's methodology, it is determined
that more than one local jurisdiction is responsible for causing a
deficient segment or intersection, all responsible local
jurisdictions shall participate in the development of a deficiency
plan to be adopted by all participating local jurisdictions.
(2) The local jurisdiction in which the deficiency occurs shall
have lead responsibility for developing the deficiency plan and for
coordinating with other impacting local jurisdictions. If a local
jurisdiction responsible for participating in a multi-jurisdictional
deficiency plan does not adopt the deficiency plan in accordance with
the schedule and requirements of paragraph (a) of this section, that
jurisdiction shall be considered in nonconformance with the program
for purposes of Section 65089.5.
(3) The agency shall establish a conflict resolution process for
addressing conflicts or disputes between local jurisdictions in
meeting the multi-jurisdictional deficiency plan responsibilities of
this section.
(f) The analysis of the cause of the deficiency prepared pursuant
to paragraph (1) of subdivision (c) shall exclude the following:
(1) Interregional travel.
(2) Construction, rehabilitation, or maintenance of facilities
that impact the system.
(3) Freeway ramp metering.
(4) Traffic signal coordination by the state or
multi-jurisdictional agencies.
(5) Traffic generated by the provision of low-income and very low
income housing.
(6) (A) Traffic generated by high-density residential development
located within one-fourth mile of a fixed rail passenger station, and
(B) Traffic generated by any mixed use development located within
one-fourth mile of a fixed rail passenger station, if more than half
of the land area, or floor area, of the mixed use development is used
for high density residential housing, as determined by the agency.
(g) For the purposes of this section, the following terms have the
following meanings:
(1) "High density" means residential density development which
contains a minimum of 24 dwelling units per acre and a minimum
density per acre which is equal to or greater than 120 percent of the
maximum residential density allowed under the local general plan and
zoning ordinance. A project providing a minimum of 75 dwelling units
per acre shall automatically be considered high density.
(2) "Mixed use development" means development which integrates
compatible commercial or retail uses, or both, with residential uses,
and which, due to the proximity of job locations, shopping
opportunities, and residences, will discourage new trip generation.
65089.5. (a) If, pursuant to the monitoring provided for in Section
65089.3, the agency determines, following a noticed public hearing,
that a city or county is not conforming with the requirements of the
congestion management program, the agency shall notify the city or
county in writing of the specific areas of nonconformance. If, within
90 days of the receipt of the written notice of nonconformance, the
city or county has not come into conformance with the congestion
management program, the governing body of the agency shall make a
finding of nonconformance and shall submit the finding to the
commission and to the Controller.
(b) (1) Upon receiving notice from the agency of nonconformance,
the Controller shall withhold apportionments of funds required to be
apportioned to that nonconforming city or county by Section 2105 of
the Streets and Highways Code.
(2) If, within the 12-month period following the receipt of a
notice of nonconformance, the Controller is notified by the agency
that the city or county is in conformance, the Controller shall
allocate the apportionments withheld pursuant to this section to the
city or county.
(3) If the Controller is not notified by the agency that the city
or county is in conformance pursuant to paragraph (2), the Controller
shall allocate the apportionments withheld pursuant to this section
to the agency.
(c) The agency shall use funds apportioned under this section for
projects of regional significance which are included in the capital
improvement program required by paragraph (5) of subdivision (b) of
Section 65089, or in a deficiency plan which has been adopted by the
agency. The agency shall not use these funds for administration or
planning purposes.
65089.6. Failure to complete or implement a congestion management
program shall not give rise to a cause of action against a city or
county for failing to conform with its general plan, unless the city
or county incorporates the congestion management program into the
circulation element of its general plan.
65089.7. A proposed development specified in a development
agreement entered into prior to July 10, 1989, shall not be subject
to any action taken to comply with this chapter, except actions
required to be taken with respect to the trip reduction and travel
demand element of a congestion management program pursuant to
paragraph (3) of subdivision (b) of Section 65089.
65089.9. The study steering committee established pursuant to
Section 6 of Chapter 444 of the Statutes of 1992 may designate at
least two congestion management agencies to participate in a
demonstration study comparing multimodal performance standards to
highway level of service standards. The department shall make
available, from existing resources, fifty thousand dollars ($50,000)
from the Transportation Planning and Development Account in the State
Transportation Fund to fund each of the demonstration projects. The
designated agencies shall submit a report to the Legislature not
later than June 30, 1997, regarding the findings of each
demonstration project.
65089.10. Any congestion management agency that is located in the
Bay Area Air Quality Management District and receives funds pursuant
to Section 44241 of the Health and Safety Code for the purpose of
implementing paragraph (3) of subdivision (b) of Section 65089 shall
ensure that those funds are expended as part of an overall program
for improving air quality and for the purposes of this chapter.
Current & Past State Congestion Management Agencies
County Agency Opt Out? Opt Out Year
Alameda Alameda County Transportation Commission N
Contra Costa Contra Costa Transportation Authority N
Fresno Fresno Council of Governments Y 1997
Kern Kern Council of Governments N
Los Angeles Los Angeles County Metropolitan Transportation Authority Y In Process
Marin Transportation Authority of Marin N
Monterey Transportation Agency for Monterey County N
Napa Napa County Transportation Planning Agency N
Orange Orange County Transportation Authority N
Placer Placer County Transportation Planning Agency N
Riverside Riverside County Transportation Commission N
Sacramento Sacramento Transportation Authority Y 1996
San Bernardino San Bernardino Associated Governments N
San Diego San Diego Association of Governments Y 2009
San Francisco San Francisco Transportation Authority N
San Joaquin San Joaquin Council of Governments N
San Luis Obispo San Luis Obispo Council of Governments Y 1997
San Mateo San Mateo County Association of Governments N
Santa Barbara Santa Barbara County Association of Governments N
Santa Clara Santa Clara County Transportation Authority N
Santa Cruz Santa Cruz County Regional Transportation Commission Y 2000
Solano Solano County Transportation Authority N
Sonoma Sonoma County Transportation Authority Y 2000s
Stanislaus Stanislaus Council of Governments N
Tulare Tulare County Associate of Governments N
Ventura Ventura County Transporation Commission N
Yolo Yolo County Transportation District N
ATTACHMENT D - List of Current & Past CMAs and Sources
Sources:
Fresno County
Fresno Council of Governments, Fresno County Congestion Management Process Update, September 2017
<https://www.fresnocog.org/wp-content/uploads/publications/CMP -report-Sept-2017_final.pdf>
Los Angeles County
LA Metro Planning and Programming Committee , Congestion Management Program Opt-Out, 6 /20/18
<https://media.metro.net/docs/cmp_optOut_2018-0620.pdf >
LA Metro Planning and Programming Committee , Congestion Management Program – Congestion Mitigation Fee Study,
5/14/14 <http://media.metro.net/board/Items/2014/05_may/20140514p&pitem22.pdf >
San Diego County
City of San Diego, Exempting the City of San Diego form the Requirements of the Congestion Management Program,
6/17/09 <https://docs.sandiego.gov/councilcomm_agendas_attach/2009/LUH_090617 -1A.pdf>
City of Imperial Beach, Resolution No. 2009 -6804 – Electing Exemption from State Congestion Management Program (CMP)
– “Opt Out” Option, 9/2/09 <https://www.imperialbeachca.gov/vertical/sites/%7B6283CA4C -E2BD-4DFA -A7F7 -
8D4ECD543E0F%7D/uploads/%7B81E876FA -61EF-4CD0-BF0F-3E78E6DF87DC%7D.PDF>
City of Oceanside, Resolution Exempting the City of Oceanside from the Requirements of the Congestion Management
Program, 8/12/09 <https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?blobid=21670 >
San Francisco Bay Area
Metropolitan Transportation Commission, 2015 Congestion Management Program Guidance: MTC Resolution No. 3000
Revised, 10/2/15 <https://mtc.legistar.com/View.ashx?M=F&ID=4059446&GUID=9576C531 -D3D0-4B7E-9D86-
D87AFD6B226F>
Sacramento County
City of Sacramento, Congestion Management Plan (CMP) Exemption, 9/6/96
<http://www.records.cityofsacramento.org/ViewDoc.aspx?ID=s6tFBnt4W+KLuZR2aLd6/NXGZpqF4NXG >
Santa Cruz County
Santa Cruz County, Resolution Electing To Be Exempt from the Congestion Management Program, 4/25/00
<http://sccounty01.co.santa-cruz.ca.us/bds/board/200005 23/026.pdf>
Sonoma County
Sonoma County Transportation Authority <Email from Christopher Barney, Senior Transportation Planner [9/17/19]>
San Luis Obispo
City of San Luis Obispo, AB 2419 Exemption from the Congestion Management Agency/Congestion Manageme nt Program
(CMA/CMP) <http://opengov.slocity.org/WebLink/PDF/4tewmnkjialq etafogxz5r5r/37/01071997,%208%20 -
%20AB%202419%20EXEMPTION%20FROM%20THE%20CONGESTION%20MANAGEMENT%20AGENCYCONGES.pdf >
MEASURE K RENEWAL CMP REQUIREMENTS
SECTION 7. REGIONAL CONGESTION MANAGEMENT PLAN
7.01 The Authority must have in place and be fully implementing a Regional Congestion Management
Plan by January 1, 2008.
7.02 The primary goals of this Plan shall include:
(a) Monitoring Vehicle Mile Traveled (VMT) as a key indicator of growth and jobs/housing targets.
(b) Adopting programs that strive to keep the increase in VMT to an annual rate that is equal or less
than the population increase.
(c) Supporting and planning for improved heavy passenger rail and regional bus connections with
the Bay Area and Sacramento.
(d) Ensuring new development contributes a fair share and provides transportation improvements
at the time of new construction.
7.03 The Regional Congestion Management Plan shall be in compliance with the federal Congestion
Management Process. the following:
(a) Traffic Level of Service standards for all regional roadway facilities.
(b) Standards for the frequency and routing of public transit.
(c) A trip reduction and travel demand element that promotes alternative transportation modes.
(d) A program to coordinate the development review process to reduce automobile trip generation
from newly developed residential and employment centers.
(e) The San Joaquin Council of Governments will review all environmental documents and/or
development applications for residential, commercial, retail, and industrial development in San
Joaquin County generating 125 or more peak hour trips, based on ITE factors. The San Joaquin
Council of Governments will comment on each of these developments as to their impact on the
region and recommend the appropriate mitigation to address the impacts the new development
will have on the existing transportation system. The San Joaquin Council of Governments will
coordinate with the California Department of Transportation on these comments.
(f) Use of a regional transportation and traffic computer model and database to determine the
quantitative impacts of traffic from new and existing development on the regional transportation
system.
7.04 An Annual Report will be produced and adopted by the Authority determining the compliance of
all local agencies and the San Joaquin Council of Governments with sections 7.01 through 7.03.
Should a local agency fail to comply with the requirements of this section that agency will be
suspended from being allocated Congestion Relief funds for new projects until found to be in
compliance. Should the San Joaquin Council of Governments fail to comply with the
requirements of this section the agency will suspend expenditure of the 1% administrative funds
until compliance is achieved.
ATTACHMENT E - Draft Measure K Renewal Ordnance of 2006
Amended
ATTACHMENT F ‐ Draft SJCOG Overall Work
Program Updated
Attached is a conceptual update of the Congestion Management Program Work Element based
on the FY 19/20 OWP. The purpose is to indicate tasks that would no longer be needed after
the removal of the State CMP requirements.
The exact tasks and budget for each future fiscal year will be determined through the OWP
process based on the requirements of the Federal CMP and priorities of SJCOG and member
agencies.
Note that consultant assistance was not expected during FY 19/20, so the estimated $150,000
savings in biannual consultant costs are not shown. Only the estimated $45,000 annual staff
savings are shown.
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801.04 CONGESTION MANAGEMENT PROGRAM/SYSTEM
A. Previous Work: AB 471 (1989) provides for development
of Congestion Management Programs for all urbanized counties in California.
The Measure K Renewal Program Ordinance, approved in November 2006,
includes goals and provisions for update of the CMP and a process to review
and comment on local plans and development proposals. The FAST Act
requires the establishment of a Congestion Management Process. During FY
17/18, SJCOG updated the program, adopted a revised Regional
Congestion Management Plan, and developed and used the Federal
Congestion Management Process as a component of the RTP/SCS
updates. During FY 18/19, SJCOG completed the system monitoring and
performance reports.
B. Purpose: To implement the requirements of the State Congestion Management
Plan, the Federal Congestion Management Process and the Measure K
Renewal Program. To adhere to a planning process that flags and corrects new
areas of congestion before they occur. To implement a technically sound and
achievable set of planning methods that monitor the transportation system as
well as the land use developments that generate trip making. To demonstrate
that all reasonable Transportation Demand Management (TDM) and
Transportation System Management strategies have been employed prior to
programming a roadway capacity increasing project.
C. Tasks:
1. Continue to refine, quarterly, CMP process to address all suggestions
and/or recommendations made as part of the federal certification review
process and to ensure continued compliance with FHWA policy and
guidance. In reference to 23 CFR 450.320 (6) (d) and (e).
2. Planning activities to demonstrate and ensure that all reasonable
Transportation Demand Management (TDM) strategies have been
employed prior to adding capacity to a regionally significant roadway.
3.Collect data on CMP network and monitor system performance through
use of the CMP Land Use Analysis program. This program will enable a
review and technical analysis of planning and development proposals and
proposed capacity enhancing transportation projects.
4. Use of CMP process to identify transportation projects and programs that
can be considered for inclusion in the next RTP.
5. Continue to define and expand upon CMP’s performance measures and
indicators.
6. Per Measure K Renewal, prepare annual evaluation and
recommendations based on CMP implementation goals in conjunction
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with local, state, and federal mandates.
7.Per State Statute, update CMP every 2 years (e.g., perform traffic counts
and level of service analysis of the CMP network in conformance with
CMP requirements, re-establish system LOS, review implementation
strategies, assess effectiveness of CMP based on performance measure
and indicators).
8. Continue to refine and develop applications for SJCOG’s use of the federal
congestion management process and procedures as a component of the
CMP update. Adhering to the Federal Congestion Management process,
investigate and apply corridor level monitoring analysis to evaluate CMP
system performance.
D. Products & Schedule:
1. Application of regional and roadway specific Transportation Demand
Management strategies – Quarterly through June 2020.
2.Review planning and development proposals in accordance with the CMP
and provisions of the Measure K Renewal Ordinance - Approximately 50
reviews per year. July 2019 to June 2020
3.Perform strategic intersection and roadway segment traffic counts on CMP
network and re-establish system LOS – As deemed necessary throughout
year.
4. Apply Federal Congestion Management process and procedures as part
of the CMP update – June 2020.
5.Biennial CMP Update – June 2020
6. Biennial evaluation of CMP implementation – June 2021.
7.Preparation and adoption of Deficiency Plans – As required by
development proposals or technical analysis.
E. Funding Source:
FHWA PL- $ 107,000.00 - Credits 12,272.90
Local Transportation Authority-MK PM $ 60,000.00
F. Responsible Agency:
SJCOG
G. Staff Required: (person-months)
SJCOG:
5.5
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$82,000.00
$40,000.00
$ 167,000.00 $122,000.00
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This action is to approve a resolution exempting the Los Angeles County from the State-mandated
Congestion Management Program in conjunction with Metro's effort to achieve Countywide
exemption once a majority of the Los Angeles County's local governments have adopted similar
resolutions.
SUBJECT
July 16, 2019
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
TRANSPORTATION CORE SERVICE AREA
CONGESTION MANAGEMENT PROGRAM OPT-OUT
(ALL SUPERVISORIAL DISTRICTS)
(3 VOTES)
IT IS RECOMMENDED THAT THE BOARD:
1. Find that the proposed action is exempt from the California Environmental Quality Act for the
reasons stated in this Board letter.
2. Approve the resolution, as authorized by the California Government Code Section 65088.3,
electing for the Los Angeles County to be exempt from the Congestion Management Program as
described in the California Government Code Section 65088 et seq.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
Approval of recommended actions will find that the project is exempt from the California
Environmental Quality Act (CEQA) and withdraw the County from the requirement of the adopted
Congestion Management Program (CMP).
28 July 16, 2019
ATTACHMENT B - Example (County of Los Angeles)
Background
The CMP for the County region was first established in 1992 by the County Transportation
Commission, predecessor of Metro, following the passage of Proposition 111 in 1990. The purpose
of the CMP was to address the impacts of local growth on the regional transportation system. The
CMP was created to link local land use decisions with their impacts on regional transportation and air
quality as well as to develop a partnership among transportation decision makers on devising
appropriate transportation solutions that include all modes of travel.
Under the CMP, the 88 incorporated cities plus the County share various statutory responsibilities,
including monitoring traffic count locations on select arterials, implementing transportation
improvements, adoption of travel demand management and land use ordinance, and mitigating
congestion impacts.
The framework for the CMP is linked to the idea that congestion can be mitigated by continuing to
add capacity to roadways since the primary metric that drives the program is level of service (LOS).
LOS is a qualitative metric that is used to define operational conditions of a roadway in terms of
vehicular service measures, such as speed and travel time, freedom to maneuver, traffic
interruptions, and comfort and convenience. Recent State laws and rulemaking, namely Assembly
Bill 32 (California Global Warming Solutions Act of 2006), Senate Bill (SB) 375 (Sustainable
Communities and Climate Protection Act of 2008), SB 743 (Environmental quality: transit-oriented
infill projects, judicial review streamlining for environmental leadership development projects) and SB
32 (California Global Warming Solutions Act of 2006), all move away from LOS directly or indirectly.
Therefore, the CMP contradicts these key State policies. Several counties have elected to opt-out of
the CMP over the years, including Fresno, San Diego, San Luis Obispo, and Santa Cruz. The
reasons for doing so are varied but generally include redundant administrative processes that come
with great expense with little to no congestion management benefit along with the continued
mandate of using LOS to determine roadway deficiencies.
Over the last several years, the CMP has become increasingly outdated in relation to the direction of
regional, State, and Federal transportation planning requirements. Additional reasons to opt-out of
the CMP include:
Opting out of the CMP relieves the County from:
Having to use a single measure LOS to determine roadway deficiencies.
Losing State gas tax funds or being ineligible to receive State and Federal Transportation
Improvement Program funds, as a result of not being in compliance with CMP requirements or
performance standards.
Administrative and financial burden associated with the preparation of documents to demonstrate
conformance with the CMP.
While the CMP requirement was one of the pioneering efforts to conduct performance-based
planning, the approach has become antiquated and expensive.
Metro has been designated as the Congestion Management Agency responsible for administering
the County's region CMP. On June 28, 2018, the Metro Board of Directors acted to initiate the
process to opt-out of the State-mandated program and directed Metro to consult with local
jurisdictions to consider and prepare the necessary resolutions for jurisdictions to exempt themselves
from the program. The California Government Code Section 65088.3 states that jurisdictions within
a county may opt-out of the CMP requirement without penalty, if a majority of local jurisdictions
The Honorable Board of Supervisors
7/16/2019
Page 2
representing a majority of the County's population formally adopt resolutions requesting to opt-out of
the program. If Metro is successful in opting out of the CMP, it will allow the region to use different
performance measures consistent with State-mandates to determine roadway deficiencies and
ensure adequate planning.
Implementation of Strategic Plan Goals
The County Strategic Plan directs the provision of Strategy III.3, Pursue Operational Effectiveness,
Fiscal Responsibility, and Accountability. The recommended actions will maximize the use of County
assets by exercising fiscal responsibility of County funds.
FISCAL IMPACT/FINANCING
There will be no impact to the County's General Fund.
Opting out of this program will alleviate the County obligation on the CMP costs.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The resolution has been reviewed and approved by County Counsel.
ENVIRONMENTAL DOCUMENTATION
The proposed project is exempt from CEQA. It can be seen with certainty that there is no possibility
that the project may have a significant effect on the environment pursuant to State CEQA Guidelines
Section 15061(b)(3). The proposed project is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment. The adoption of
the resolution exempting the County from the CMP is exempt under this common-sense exemption
because the CMP is an obsolete performance-based planning program that is not consistent with
current transportation metrics used for CEQA analysis. Furthermore, other similar, applicable
regional, State, and Federal transportation planning processes and requirements have weakened
and supplanted the CMP. Thus, exemption from the CMP can have no potential significant impact on
the environment. Upon the Board's approval of the recommended actions, Public Works will file a
Notice of Exemption with the County Clerk in accordance with Section 21152 of the California Public
Resources Code.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
There are no negative impacts anticipated from opting out of this program and the enclosed
resolution will continue to enable the County to preserve gasoline tax subvention funds.
The Honorable Board of Supervisors
7/16/2019
Page 3
CONCLUSION
Please return two adopted copies of the letter and resolution to Public Works, Transportation
Planning and Programs Division.
MARK PESTRELLA
Director
Enclosures
c:Chief Executive Office (Chia-Ann Yen)
County Counsel (Laura Jacobson)
Executive Office
Respectfully submitted,
MP:DBM:pr
The Honorable Board of Supervisors
7/16/2019
Page 4
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES, CALIFORNIA, ELECTING TO BE EXEMPT FROM THE
CONGESTION MANAGEMENT PROGRAM
W HEREAS, California voters passed Proposition 111 in June of 1990 requiring
u rbanized counties to develop and implement a Congestion Management Program (CMP);
and
WHEREAS, Metro is the Congestion Management Agency responsible for the
County's CMP; and
W HEREAS, California Government Code Section 65088.3 states that the CMP
requirements do not apply in the County in that the majority of local governments
comprised of City councils and the Board, and representing a majority of the population
within the county, each adopt resolutions electing to be exempt from the CMP; and
W HEREAS, over time the CMP has become 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
W HEREAS, on June 28, 2018, the Metro Board of Directors directed Metro staff to
work with the various local governments within the County to gauge the level of interest in
pursuing exemption from the CMP, and assisting with preparing the resolutions required
u nder Government Code Section 65088.3.
N OW, THEREFORE BE IT RESOLVED by the Board that:
. The Board, pursuant to the California Government Code Section 65088.3 does
hereby elect to be exempt from the CMP as described in the California
Government Code Sections 65088 to 65089.10.
Page 1 of 2
ATTACHMENT C - Example (City of San
Gabriel)