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Title:
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Provide Direction to the City’s Representative to the Westside Cities Council of Governments Board of Directors Related to the Implementation of Senate Bill 375 (California Sustainable Communities Strategy and Climate Protection Act).
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City of Culver City, California
Agenda Item Report
Meeting Date: 11/16/09 Item Number: A-3
CITY COUNCIL AGENDA ITEM: Provide Direction to the City’s Representative to
the Westside Cities Council of Governments Board of Directors Related to the
Implementation of Senate Bill 375 (California Sustainable Communities Strategy
and Climate Protection Act)
Contact Person/Dept.: Shelly
Wolfberg/City Manager’s Office
Phone Number: (310) 253-6008
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (11/11/09).
Department Approval:
Martin R. Cole (11/11/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/11/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/11/09)
City Manager Approval:
Mark Scott (11/11/09)
RECOMMENDATION:
Staff recommends the City Council direct the Westside Cities Council of
Governments (WSCCOG) Voting Member to vote in favor of WSCCOG participating
in the Collaborative Process with SCAG as the Lead Agency
BACKGROUND:
SB 375 (Steinberg), also known as California’s Sustainable Communities Strategy
and Climate Protection Act, is a state law, which has been in effect since January 1,
2009. SB 375 calls for the integration of transportation, land use, and housing
planning, and also establishes the reduction of greenhouse gas (GHG) emissions as
one of the overarching goals for regional planning. SCAG, working with the County
Transportation Commissions (CTCs) and the subregional organizations within the
SCAG Region (such as the Westside Cities Council of Governments-WSCCOG) is
responsible for implementing SB 375 in the SCAG region.
SB 375 requires SCAG as a Metropolitan Planning Organization (MPO) to prepare a
Sustainable Communities Strategy (SCS) as a part of the 2012 Regional
Transportation Plan. The SCS will meet a State-determined regional GHG emission
target if it is feasible to do so. SCAG also needs to assure that the Regional City of Culver City, California
Agenda Item Report
Housing Needs Assessment (RHNA) is consistent with the SCS at the jurisdictional
level. SCAG also is required to develop a substantial public participation process
involving all stakeholders and allow for subregional SCS development.
In accordance with the language in SB375, SCAG cannot impose solutions on
individual cities or require General Plan changes. Rather, SCAG must work
collaboratively with its subregional partners and County Transportation Commissions
(CTCs) to reduce the region’s impact on climate change. Ultimately, the ability to
reduce GHGs to the legally required target levels relies on local jurisdiction policies
and activities, as well as larger regional plans for transportation, goods movement
and other multi-jurisdictional issues.
DISCUSSION:
Culver City staff has been meeting regularly with counterparts in the Westside Cities
to discuss options to either have the WSCCOG prepare its own SCS or participate in
the collaborate process, with SCAG as the lead agency. This item will be discussed
at the November 19, 2009 WSCCOG Governing Board Meeting. Both options are
described below for the City Council’s consideration and to provide direction to the
WSCCOG voting member at this month’s meeting.
Option I: The WSCCOG Participates in the Collaborative Process with SCAG as the
Lead Agency
SCAG envisions the collaborative process as a series of iterative discussions
between SCAG, its subregions, counties and cities, and CTCs, with the collective
goal of identifying GHG reduction strategies. This will include identifying transit
projects, policies that promote alternative transportation, and jurisdictional land use
and transportation policies and Best Management Practices that will lead to reduced
GHG emissions. The collaborative process is flexible and allows the subregions to
participate within their existing resources as they deem necessary and appropriate.
In the Collaborative Process there would not be a requirement that member
jurisdictions pay SCAG a fee to produce a SCS. Also, in the Collaborative Process
each city and each subregion would be reviewing SCAG’s data for accuracy with the
goal that SCAG will complete a region wide SCS that can be measured against a
region wide emission reduction target (unlike Option II below).
Option II: WSCCOG Prepares its Own SCS
If the WSCCOG subregion wishes to prepare its own SCS, SCAG will assist with
data development and use of its models, but the responsibility for producing the
document would fall to the subregion staff. The WSCCOG does not maintain
professional staff to undertake such projects. As a small sub-region, the WSCCOG
could not gather, process and analyze the data and prepare the SCS without outside
consultant help, even with SCAG’s assistance in running its growth models (which is City of Culver City, California
Agenda Item Report
integral to developing an SCS). Therefore, the subregion would need to hire a
consultant to work with the WSCCOG staff committees. If the COG decided to
accept delegation, the WSCCOG would need to identify funding for this purpose.
SCAG has not calculated the budget for subregional preparation of an SCS.
Staff Recommendation
Staff has coordinated with the other Westside cities over the past several months
and has reached a common recommendation. Staff recommends the WSCCOG’s
participation in the Collaborative Process with SCAG rather than accepting
WSCCOG delegation for a number of reasons. Overall, staff’s conclusion is that the
process provides the Westside cities with sufficient opportunity for participation and
input on the issues that will matter most to the subregion and to the individual
jurisdictions. Collaboration would provide SCAG with accurate data for the
subregion assuring that the SCS is representative of planning processes currently
underway while not overburdening the member cities. The benefits of accepting
delegation do not appear to outweigh the impacts to the subregion caused by the
lack of funding, internal expertise, and staff time as well as the potential impacts
caused by a court challenge and subsequent legal fees. If the WSCCOG prepares
its own SCS, WSCCOG would have to accept all liability. The collaborative process
appears to be a reasonable way for the Westside Cities to have a significant voice.
In choosing to participate in SCAG’s regional SCS process, the WSCCOG would
work together to establish a unified approach for bringing concerns forward early
and consistently. Westside cities staff will maintain a high level of involvement in the
process to ensure that the SCS includes transportation components and BMPs that
are relevant to the Westside Cities and appropriately reflect the individuality and
character of each jurisdiction.
FISCAL ANALYSIS:
Culver City represents one vote on the WSCCOG Governing Board. Any decision of
the Governing Board would require consensus of its voting members. If the
WSCCOG Governing Board votes to have SCAG take the lead on the SCS process,
a few key City employees would provide staff time for the effort in addition to their
current workload. If the Governing Board chooses to pursue the WSCCOG’s
development of its own SCS, the additional costs would be considerable, but have
not yet been determined. Staff would need to return to the City Council to seek
authorization for additional funding for the WSCCOG to pay for a consultant, among
other potential costs.
ATTACHMENTS:
None. City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
1. Direct the Westside Cities Council of Governments Voting Member to vote
in favor of WSCCOG participating in the Collaborative Process with SCAG
as the Lead Agency;
OR
2A. Direct the Westside Cities Council of Governments Voting Member to vote
in favor of preparing its own Sustainable Community Strategy (accepting
delegation); and
2B. Direct staff to bring back a City Council Agenda item with further analysis
about fiscal impacts associated with the City participating with the
WSCCOG in developing its own Sustainable Community Strategy.