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HomeMy WebLinkAbout2009-08-04; City Council; 19919; Exemption from Congestion Management programCITY OF CARLSBAD - AGENDA BILL 19,919AB# MTG. 8/4/09 DEPT.ENG CITY OF CARLSBAD ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM 1 ^/? DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2009-201 electing to be exempt from the Congestion Management Program as described in California Government Code Sections 65088 to 65089.10. ITEM EXPLANATION: The State of California Congestion Management Program (CMP) process was established as part of the 1989 legislative package known as the "Transportation Blueprint" and in conjunction with the approval of Proposition 111, "The Traffic Congestion Relief and Spending Limitation Act of 1990". In general terms, the state CMP process requires local agencies to identify the transportation network and develop projects that are designed to reduce congestion. Failure to follow through on these plans was supposed to subject counties to a potential loss in the enhanced fuel tax funding instituted in conjunction with the passage of Proposition 111. As of 1996, no local agency had ever had funding withheld due to a lack of compliance with the state CMP process. In 1996, the California Legislature passed AB 2419 which enables urbanized areas to be exempt for the CMP. According to the legislative history of AB 2419 the exemption provision was added because the state CMP process requirements had become an expensive and redundant exercise which had done little to reduce congestion. A number of the counties throughout the state including all six counties in the Sacramento region, Fresno County, Santa Cruz County, and San Luis Obispo County have opted out of the state CMP process. If the San Diego County area elects to be exempt from the CMP, local agencies such as the City of Carlsbad will no longer be required to prepare and adopt state CMP Deficiency Plans nor will we be at risk of losing state gas tax funding associated with the CMP process. On a regional level the San Diego Association of Governments (SANDAG) will continue to comply with federal congestion management provisions via existing planning and performance monitoring activities such as the Regional Transportation Plan (RTP). On May 8, 2009, after a consultation process with various advisory subcommittees and the SANDAG Transportation Committee, the SANDAG Board of Directors voted unanimously to direct staff to work with local jurisdictions to prepare resolutions electing to exempt the County from the CMP. For the County to be exempt from the CMP a majority of the local governments in the County comprised of the City Councils and the County Board of Supervisors must adopt resolutions electing to be exempt from the CMP. Approval of the attached resolution will record the City of Carlsbad's election to be exempt from the CMP required by the State of California. Carlsbad will continue to evaluate its roadway and intersection levels of service through the annual Growth Management Plan Traffic Monitoring Program. DEPARTMENT CONTACT: Marshall Plantz 760-602-2766 marshall.plantz@carlsbadca.gov FOR C/7Y CLERKS USE ONL Y COUNCIL ACTION: APPROVED Jtf DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN d RETURNED TO STAFF O OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: Electing to be exempt from the Congestion Management Program does not constitute a "project" pursuant to Section 15378(b)(2) of the California Environmental Quality Act (CEQA) and no environmental review is required. FISCAL IMPACT: Opting out of the Congestion Management Program will eliminate the need to fund the preparation and adoption of Deficiency Plans and it will eliminate the possibility of losing state gas tax funding associated with this redundant state process. EXHIBITS: 1. Resolution No. 2009-201 electing to be exempt from the Congestion Management Program as described in California Government Code Sections 65088 to 65089.10. z 1 RESOLUTION NO. 2009-201 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM. 4 5 WHEREAS, in 1990 the voters of California passed Proposition 111 establishing the 6 requirement that urban counties develop and implement a Congestion Management Program; and 7 WHEREAS, the San Diego Association of Governments has been designated as the 8 lead agency responsible for the San Diego county's Congestion Management Program; and 9 WHEREAS, in 1996 Assembly Bill 2419 was passed and signed by the Governor 10 allowing urbanized counties to be exempt from the Congestion Management Program; and WHEREAS, there is a duplication of effort between the Congestion Management 12 Program and other transportation planning documents; and 13 WHEREAS, the San Diego Association of Governments will continue to comply with 14 federal congestion management provisions via existing planning and performance monitoring 15 activities such as the Regional Transportation Plan (RTP); and 16 WHEREAS, on May 8, 2009 the San Diego Association of Governments Board of 17 Directors considered and approved the recommendation to exempt San Diego County from the 18 Congestion Management Program and to work with the local agencies to prepare the necessary 19 resolutions to exempt the County from the Congestion Management Program. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as 21 follows: 22 1 • That the above recitations are true and correct. 23 2. That the City of Carlsbad hereby elects to be exempt from the Congestion 24 Management Program as described in California Government Code Section 65088 to 65089.10. 25 '" 26 '" 27 '" 28 '" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of August, 2009, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn NOES: None. ABSENT: Council Member Kulchin JDE A LEWIS, Mayor ATTEST: (SEAL)