HomeMy WebLinkAbout13. Adopt Reso Requesting to Opt out of Congestion Mgmt PrgAPPROVED BY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF ,
DELFINO R. CONSUNJI,DIRECTOR OF
DATE-
RESOLUTION ELECTING TO JOIN OTHER COMMUNITIESi
COUNTY IN OPTING OUT OF REQUIREMENTS OF •
MANAGEMENTPROGRAM
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That the City Council adopt.
RESOLUTION OF i OF OF DOWNE
ELECTING TO BE EXEMPT FROMi I,iMANAGEMENJ
V I1
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The Los Angeles County Metropolitan Transportation Authority (Metro) is required by state law
to prepare and update, on a biennial basis, a Congestion Management Program (CMP) for the
County of Los Angeles. The CMP process was established as part of a 1990 legislative package
to implement Proposition 111, which increased the state gas tax from 9 to 18 cents per gallon.
The intent of the CMP was to tie the appropriation of new gas tax revenues to congestion
reduction efforts by improving land use and transportation coordination and implementation.
While the CMP requirement was one of the pioneering efforts to conduct performance-based
planning, the approach has become antiquated and expensive. CMP primarily uses a level of
service (LOS) performance metric, which is a measurement of vehicle delay that is inconsistent
with new state -designated performance measures, such as vehicle miles traveled (VMT)
enacted by SB 743 for California Environmental Quality Act (CEQA) transportation analysis.
In accordance with California Government Code 65088.3, jurisdictions within a county may opt
out of the CMP requirement without penalty if a majority of local jurisdictions representing a
majority of the county's population formally adopt resolutions requesting to opt out of the
program. For the County of Los Angeles, a majority consensus of 45 jurisdictions representing
approximately 5.1 million population is required to opt out of the CMP.
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On June 28, 2018, the Metro Board of Directors approved a staff recommendation to initiate the
process to opt out of the state -mandated CMP. The action allows Metro staff to proceed with the
next step in the process, which is to provide public agency partners with the option to opt out of
RESOLUTION OPTING OUT OF THE CONGESTION MANAGEMENT PROGRAM
MARCH 26, 2019
PAGE #2
the CMP as well The CMP has been found to contradict Metro's own efforts to promote a more
sustainable and equitable region. In addition, the passage of Measure M and the update of the
Long -Range Transportation Plan present Metro with an opportunity to consider new ways to
measure transportation system performance, measures that complement efforts to combat
climate change, support sustainable, vibrant communities and improve mobility. For Metro and
cities alike, the continued administration of the CMP is an impediment to improving Metro's
envisioned transportation system. Over the last several years, the CMP has become
increasingly outdated in relation to the direction of Metro's planning process and regional, state,
and federal transportation planning requirements.
Opting out of the CMP provides the following benefits:
Relieves Metro and local jurisdictions of a mandate to use a single measure i.e., (LOS)
to determine roadway defiencies.
Eliminates the risk to local jurisdictions of losing state gas tax fundsorbeing ineligible to
receive federal and state transportation funds, as a result of not being in compliance with
CMP requirements or performance standards.
• Eliminates the administrative and financial burden to cities associated with the
preparation documents to demonstrate conformance with the CMP.
Staff recommends approval of the attached resolution. It is important to note that Downey
cannot unilaterally opt out of the CMP. Formal opt out will occur after a majority of cities
representing a majority of the population in the region opt out and Metro notifies the State
Controller, Caltrans and Southern California Association of Governments that the County of Los
Angeles has opted out of the CMP in accordance with statutory requirements.
Efficiency & Adaptability
There is no fiscal impact associated with this action. However, staff is estimating that the cost
associated with monitoring and preparation of CMP congestion documents is $10,000 every two
years. City will save this amount if County of Los Angeles opts out of CMP.
ATTACHMENTS
Attachment A - Resolution
RESOLUTIONOF THE CITY COUNCILOF THE CITY OF DOWNEY
ELECTING TO BE EXEMPT FROMCONGESTION
PROGRAM
WHEREAS, in 1990 the voters of California passed Proposition 111 and the requirement
that urbanized counties develop and implement a Congestion Management Program; and
WHEREAS, the legislature and governor established the specific requirements of the
Congestion Management Program by passage of legislation which was a companion to
Proposition 111 and is encoded in California Government Code Section 65088 to 65089.10; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) has
been designated as the Congestion Management Agency responsible for Los Angeles County's
Congestion Management Program; and
WHEREAS, California Government Code Section 65088.3 allows urbanized counties to
be exempt from the Congestion Management Program based on resolutions passed by local
jurisdictions representing a majority of a county's jurisdictions with a majority of the county's
population; and
WHEREAS, the Congestion Management Program is outdated and increasingly out of
step with current regional, State, and federal planning processes and requirements, including
new State requirements for transportation performance measures related to greenhouse gas
reduction; and
WHEREAS, on June 4, 2018 the Metro Board of Directors took action to direct Metro
staff to work with local jurisdictions to prepare the necessary resolutions to exempt the County
of Los Angeles from the Congestion Management Program.
NOW, • ` OF THE CITY OF •DOES
HEREBY RESOLVE • •
Section 1. That the above recitations are true and Correct.
Section 2. That the City of Downey, located in the County of Los Angeles, hereby elects
to be exempt from the Congestion Management Program as described in California
Government Code Section 65088 to 65089.10.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
E 1 UACI
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APPROVED AND ADOPTED this 26 th day of March, 20 9
RICK RODRIGUEZ, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk I
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 26th day of March, 2019, by the following
vote, to wit:
AYES:
Council Members
NOE&
Council Member
ABSENT:
Council Member
ABSTAIN:
Council Membtr
MARIA ALICIA DUARTE, CMC
City Clerk