SR 02-12-2019 11A
City Council
Report
City Council Meeting: February 12, 2019
Agenda Item: 11.A
1 of 5
To: Mayor and City Council
From: David Martin, Director, Transportation Planning
Subject: Proposed Resolution Electing to be Exempt from the Los Angeles County
Congestion Management Program
Recommended Action
Staff recommends that the City Council adopt the attached resolution to opt-out of the
Los Angeles County Congestion Management Program.
Executive Summary
Since 1990, the City of Santa Monica has been required by the Los Angeles County
Metropolitan Transportation Authority (Metro) to submit an annual update on
compliance with the Congestion Management Program (CMP). While traffic congestion
remains a critical issue throughout Los Angeles County and particularly here on the
Westside, the CMP tools designed to address it have actually proven to be unproductive
at best and counter-productive at worst. After nearly 30 years the approach is clearly
outdated and is no longer considered an effective tool to achieve the intended
outcomes: congestion cannot be mitigated by adding roadway capacity and that land
use, air quality and transportation decisions must be linked to a broader strategy of
accessibility and livability. Therefore, Metro and City staff recommend the City opt out of
the program and stop doing the annual compliance reporting. The City wou ld remain in
compliance with, and still receive its proportion of annual gas tax revenues tied to the
CMP, through implementation of the City’s progressive Transportation Demand
Management Ordinance, collection of biennial traffic counts at select intersections
throughout the City, and the analysis of the impacts of new development as a part of the
City’s environmental review process.
Background
2 of 5
Metro and the 88 incorporated cities within Los Angeles County have been required by
state law to prepare an annual Congestion Management Program (CMP). 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. The intent of the CMP was
to link land use, air quality and transportation decisions to the appropriation of the new
gas tax revenues.
As the Congestion Management Agency, Metro is charged with implementing the
countywide CMP. Annually, Metro reviews the performance of local jurisdictions to verify
that they are conforming to CMP requirements. Since the inception of the CMP in Los
Angeles the criteria for measuring compliance have shifted slightly, however, the core
components remain unchanged. These include the continued implementation of a
Transportation Demand Management Ordinance, including CMP as a part of the
environmental review process, conducting biennial traffic counts for 4 intersections and
calculating the associate level of service (LOS), and the preparation and adoption of a
Local Development Report by development categories including commercial square
footage, non-retail square footage, and residential units with specific tracking for the
number of low/very low income housing units and the number of high density units near
rail.
Originally designed to reduce traffic congestion in California’s metropolitan areas, the
annual CMP compliance process has proven to be redundant, expensive, and exhausts
staff time in each jurisdiction with nominal congestion benefit. It reflects a short-sighted
obsession with intersection efficiency that utterly failed to take into account the
fundamental sources of congestion including induced demand, jobs/housing imbalance
and massive public subsidies for car ownership, parking and use.
Past Council Actions
From 1994 to 2015 the City prepared and submitted annual CMP administrative
compliance reviews to Metro. As a result of conformance with the CMP requirements
the City has received all gas tax monies related to Proposition 111 during this period. Of
the 22 CMP conformance reviews certified by Council, key staff reports include the first
3 of 5
Council CMP certification and resolution adoption in 1994; the 2004 Council action
highlighting the change in the certification program from the original Debit & Credit
Program to the creation of a Local Development Report which was prepared annually
from 2004-2015; and the most recent certification of the CMP and resolution in 2015.
Key Meeting Date Description
4/26/1994 (attachment
A)
First Council certification of the CMP requirements and
resolution adoption in 1994
8/10/2004 (attachment
B)
Council certification of the CMP requirements and
resolution adoption, including suspension of Debit & Credit
Program in 2004
8/25/2015 (attachment
C)
Most recent Council certification of the CMP requirements
and resolution adoption in 2015
Discussion
In 2015 Metro suspended the review of CMP conformance to evaluate the effectiveness
of the program and potential alternative measures. While the CMP requirement was a
pioneering effort to conduct performance-based planning and funding, the nearly 30-
year approach has struggled to achieve meaningful mitigation. The approach is also
outdated in that it uses LOS as a performance metric. Always an inexact metric of
vehicle delay, LOS 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.
Adopted in 1996, California Government Code Section 65088.3 created the opportunity
for counties to opt-out of the program if a majority of local jurisdictions representing a
majority of the county’s population formally adopt resolutions requesting to opt-out of
the program. The 1996 amendment was a response to the criticism that the
requirements of the CMP were ineffective in managing congestion and gave each
county the option to drop the CMP provisions if there is a clear local consensus to do
so.
Metro consulted with the State Controller’s Office, Office of Planning and Research,
Caltrans and the California Transportation Commission prior to initiating the opt-out
process and none of the state agencies voiced any concerns. Additionally, other
jurisdictions have taken advantage of the opt-out provision added in 1996 such as
4 of 5
Fresno, Santa Cruz, San Luis Obispo, Sacramento, Sonoma, and San Diego. To date,
the cities of West Hollywood, Sierra Madre, Pasadena, South Pasadena, Walnut,
Cerritos, Westlake Village, La Verne, Duarte, and Manhattan Beach have adopted an
opt-out resolution recommending exemption from the CMP.
If the effort to opt-out reaches the required thresholds (45 jurisdictions representing at
least 5.1 million people), jurisdictions in Los Angeles County would continue to receive
the gas tax allocation tied to the CMP without the annual CMP administrative
compliance review. If the effort to opt-out is unsuccessful, however, Metro would
continue the current program. Should the county-wide opt-out measure succeed, the
City would continue to implement a progressive Transportation Demand Management
Ordinance, conduct biennial traffic counts, track local development activity including the
development of affordable housing units, and comply with California Environmental
Quality Act (CEQA) requirements for project review.
Linking transportation and land use was formalized as a core ten et of the City when the
Land Use and Circulation Element (LUCE) adopted by Council in 2010. LUCE goal LU2
calls for the integration of land use and transportation for greenhouse gas (GHG)
emission reduction through carefully focusing new development on transit -rich
boulevards and in the districts, to create sustainable active pedestrian -friendly centers
that decrease reliance on the automobile, increase walking, bicycling and transit use,
and improve community quality of life. This goal is expanded on and supported by a
variety of adopted policies in the LUCE, Bergamot Area Plan, Downtown Community
Plan, Bike Action Plan, Pedestrian Action Plan, 2013-2021 Housing Element and the
draft Climate Action & Adaptation Plan. Through implementing these plans the City will
continue to meaningfully mitigate congestion without reliance on the state CMP process.
Financial Impacts and Budget Actions
There is no immediate action required as a result of the recommended action.
The City will continue to receive its apportionment of the gas tax fund tied to the CMP,
totaling approximately $500,000 annually.
5 of 5
Prepared By: Colleen Stoll, Transportation Demand program Manager
Approved
Forwarded to Council
Attachments:
A. 1994 CMP Council Report (April 26, 1994) - Web Link
B. 2004 CMP Council Report (August 10, 2004) - Web Link
C. 2015 CMP Council Report (August 25, 2015) - Web Link
D. Metro Board Report Initiating CMP Opt-Out Process (June 20, 2018)
E. CMP Statue - Govt Code Section 65089
F. 1996 CMP Opt-Out Statute Analysis
G. LUCE Circulation Council Staff Report (June 10, 2010) - Web Link
H. LUCE Adoption Council Staff Report (July 6, 2010) - Web Link
I. PCD - Reso - Traffic Congestion Management Opt-Out - 02.12.2019
Metro
Board Report
Los Angeles County
Metropolitan Transportation
Authority
One Gateway Plaza
3rd Floor Board Room
Los Angeles, CA
File #: 2018-0122,File Type: Program Agenda Number:
PLANNING AND PROGRAMMING COMMITTEE
JUNE 20, 2018
SUBJECT:CONGESTION MANAGEMENT PROGRAM OPT-OUT
ACTION:APPROVE RECOMMENDATION
RECOMMENDATION
APPROVE initiating the process for Metro and all Los Angeles County local jurisdictions to opt out of
the California Congestion Management Program (CMP), in accordance with State CMP statute.
ISSUE
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. The intent of the CMP was to tie the appropriation of new gas tax revenues to congestion
reduction efforts by improving land use/transportation coordination.
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 travelled (VMT), enacted by SB 743
for California Environmental Quality Act (CEQA) transportation analysis.
Pursuant to California Government Code §65088.3 (Attachment A, C.G.C. §65000 et seq.),
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. Given that the CMP has become increasingly out of step with regional,
state, and federal planning processes and requirements, staff recommends that Metro initiate the
process to gauge the interest of local jurisdictions and other stakeholders in opting out of State CMP
requirements.
DISCUSSION
Under the CMP, the 88 incorporated cities plus the County of Los Angeles share various 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.
Metro Printed on 6/19/2018Page 1 of 4
powered by Legistar™
File #: 2018-0122,File Type: Program Agenda Number:
The framework for the CMP is firmly grounded in the idea that congestion can be mitigated by
continuing to add capacity to roadways. This is evidenced by the primary metric that drives the
program which is LOS. Recent state laws and rulemaking, namely 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), all move away from LOS directly or indirectly. Therefore, the CMP contradicts these key
state policies and Metro’s own efforts to promote a more sustainable and equitable region.
A number of counties have elected to opt out of the CMP over the years including San Diego, Fresno,
Santa Cruz and San Luis Obispo counties. The reasons for doing so are varied but generally
concern redundant, expensive, administrative processes that come with great expense, little to no
congestion benefit and continue to mandate the use of LOS to determine roadway deficiencies.
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 a distraction
at best or an impediment at worst to improving our 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.
Additional reasons to opt out of the CMP include:
· Relieves Metro and local jurisdictions of a mandate to use a single measure (LOS) to
determine roadway deficiencies.
· Eliminates the risk to local jurisdictions of losing their 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.
·Eliminates the administrative and financial burden to cities associated with the preparation of
documents to demonstrate conformance with the CMP.
ALTERNATIVES CONSIDERED
Metro could continue to implement the CMP as adopted by the Board or look to update the program.
We do not recommend this as we have examined multiple ways to adapt state legislative
requirements, but we have been unable to fit Los Angeles county mobility complexities to statutory
requirements in a manner that achieves consensus of our stakeholders over the twenty-five-year life
of the program. Opting out of the CMP gives Metro 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 OF SAFETY IMPACT
This Board action will have no adverse impact on safety standards for Metro.
Metro Printed on 6/19/2018Page 2 of 4
powered by Legistar™
File #: 2018-0122,File Type: Program Agenda Number:
FINANCIAL IMPACT
There is no impact to the current fiscal year budget, nor any anticipated impact to future budgets or
the continued flow of state gas tax revenues to local jurisdictions. The recommended action may
have a positive impact on Metro and local jurisdiction budgets in future years by eliminating the
annual costs associated with implementing the CMP. Annual costs to local agencies vary based on
size but generally require a staff commitment of 25-60 hours per jurisdiction plus the cost of
conducting traffic counts at the 164 CMP intersections at a cost of approximately $250 per
intersection. For Metro the annual burden of administering the CMP is approximately 1.2 Full Time
Equivalents (FTE).
NEXT STEPS
Upon Board approval, staff will proceed in consulting with local jurisdictions and other interested
stakeholders as follows:
·Consult with the Metro Technical Advisory Committee (TAC) regarding opting out of the CMP
and conduct a workshop of our stakeholders to receive input on the interest in opting out of the
CMP.
·With the concurrence of the TAC and workshop participants, request local jurisdictions to
consider adopting draft resolution (Attachment B) to opt out of the program.
·Upon receipt of formally-adopted resolutions from a majority of local jurisdictions representing
a majority of the population, notify the State Controller, Caltrans, and SCAG that Los Angeles
County has opted out of the CMP in accordance with statutory requirements.
ATTACHMENTS
Attachment A - CMP legislation
Attachment B - Draft Resolution to Opt Out of the Congestion Management Program in Los Angeles
County
Prepared by: Paul Backstrom, Manager, Countywide Planning & Development, (213) 922-2183
Mark Yamarone, DEO, Countywide Planning & Development, (213) 418-3452
Kalieh Honish, EO, Countywide Planning & Development, (213) 922-7109
Manjeet Ranu, SEO, Countywide Planning & Development, (213) 418-3157
Reviewed by: Therese W. McMillan, Chief Planning Officer, (213) 922-7077
Metro Printed on 6/19/2018Page 3 of 4
powered by Legistar™
File #: 2018-0122,File Type: Program Agenda Number:
Metro Printed on 6/19/2018Page 4 of 4
powered by Legistar™
1
City Council Meeting: February 12, 2019 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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 codified 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 65089.3 allows urbanized
counties to be exempt from the Congestion Management Program based on resolutions
2
passed by local governments 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 20, 2018 the Metro Board of Directors took action to direct
Metro staff to work with local jurisdictions to prepare the necessary resolutions to exempt
Los Angeles County from the Congestion Management Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City of Santa Monica hereby elects to be exempt from the
Congestion Management Program as described in California Government Code Sections
65088 to 65089.10.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
LANE DILG
CITY ATTORNEY
REFERENCE:
Resolution No. 11163
(CCS)