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Shifting from Maintaining LOS to Reducing VMT: Case Studies of Analysis and Mitigation for Implementing SB 743 (Non-Credit)


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Description

 

Shifting from Maintaining LOS to Reducing VMT:

Case Studies of Analysis and Mitigation for Implementing SB 743

 

A professional educational program for land use, transportation and environmental planners and attorneys in public, private and nonprofit practice presented by expert practitioners.

 

This program has been certified for 6.0 California Mandatory Continuing Legal Education credits and 6.0 American Institute of Certified Planners Certification Maintenance credits.

 

Friday March 1, 2019

Offices of the Southern California Association of Governments

Los Angeles

 

Host:

Southern California Association of Governments

Sponsors:

Center for Law, Energy & the Environment, UC Berkeley Law School

Environmental Law Section, California Lawyers Association

Real Property Law Section, California Lawyers Association

Transportation Research and Education Center, Portland State University

Urban Sustainability Accelerator, Portland State University

 

This program will address the differences between the implementation of the California Environmental Quality Act before and after the adoption of Senate Bill 743, which substituted analyzing and mitigating additional vehicle miles traveled (VMT) for maintaining Level of Service (LOS) standards. The program will draw on five case studies based on projects previously approved under CEQA; a regional shopping mall, two mixed use redevelopments, a highway widening project and a General Plan update.

 

Topics to be discussed include:

  • VMT impact analysis (methodology; appropriate tools and models, determining impact area)
  • VMT significance thresholds (project effects, cumulative effects)
  • VMT significance thresholds (project, cumulative)
  • VMT mitigation strategies (project level, programmatic and transaction exchanges, legal and administrative framework)
    Questions about the Pre-Order? Please contact Molly Kramer, mokramer@pdx.edu

Handouts

Faculty

Mike Bagheri's Profile

Mike Bagheri Related seminars and products: 2


Mike Bagheri is a transportation manager with the City of Pasadena, heading the Complete Streets Division of the Department of Transportation.

Bagheri leads the department’s efforts in managing active transportation grant projects, development review process and collaboration with Planning and Public Works Departments on implementing the City’s Complete Streets policies. Mike is a registered professional engineer in civil and traffic engineering disciplines. He has more than 25 years of experience in transportation planning and operations and is an expert in the area of transportation demand management.

B.S.    Civil Engineering, Iowa State University

M.A.     Public Administration, California State University, Northridge


Alyssa Begley's Profile

Alyssa Begley Related seminars and products: 2


Alyssa Begley is Caltrans SB 743 Program Implementation Manager focusing on the evolution of transportation analysis required under the California Environmental Quality Act and its application to Caltrans Local Development-Intergovernmental Review Program, as well as the project delivery process for projects on the State Highway System.

She has 19 years of experience implementing transportation programs, finding multimodal transportation solutions, and coordinating with partner agencies and advocates.

B.S.    Applied Behavioral Science, University of California, Davis


David Bragdon's Profile

David Bragdon Related seminars and products: 2


David has been at the helm of TransitCenter since 2013, leading its reinvention as a civic philanthropy. The TransitCenter commissions and conducts research on and advocates for improving urban transportation.

Previously, David served as Director of the Mayor's Office of Long-Term Planning and Sustainability in the administration of Mayor Michael R. Bloomberg of New York City.

Prior to entering public service, Bragdon worked in international trade and freight transportation in the private sector. He opened the first Nike office in Singapore where he oversaw the company's Southeast Asia shipping, worked as a maritime vessel agent at Columbia River ports, and worked as a marketing manager for the Port of Portland.

David was elected to the Metro Council, Portland Oregon’s regional government, in 1998 and was elected the first Metro Council President in 2002, a position he held until 2010.

B.S.    Government, Harvard University
M.A.    Liberal Studies, Reed Colleg


Chris Calfee's Profile

Chris Calfee Related seminars and products: 2


Chris Calfee is Deputy Secretary and General Counsel for the California Natural Resources Agency.

Previously Chris served as Senior Counsel at the Governor’s Office of Planning and Research, where he provided advice on legislative and regulatory matters involving land use, including infill development, resource conservation and renewable energy. He took the lead in drafting and revising the guidelines implementing the CEQA reform provisions of Senate Bill 743. He also served on the Technical Advisory Committee for the SB 743 implementation assistance project, “From Driving More to Driving Less.”

Calfee was special counsel at the California Natural Resources Agency from 2009 to 2010. Since 2009, he has served as the lead attorney overseeing updates to the CEQA Guidelines.

In private practice, Calfee represented both local governments and private applicants in matters involving the California Environmental Quality Act and related environmental and planning laws in association with the law firm of Remy Moose & Manley LLP, and later with Best Best & Krieger LLP.   

B.A.    University of California, Davis

J.D.    University of California, Davis


Ping Chang's Profile

Ping Chang Related seminars and products: 2


Mr. Ping Chang has over 30 years of regional planning experience in three of the largest metropolitan regions in the nation - Southern California, south Florida and the San Francisco Bay Area.  

Ping joined the Southern California Association of Governments (SCAG) in 2001 and is currently the Manager of Compliance and Performance Monitoring with responsibilities in CEQA (including SB 743), Housing & Environmental Justice, and performance assessment, among others. Ping is Principal Author of the award-winning State of the Region Report which tracks progress of Southern California in comparison with other large metropolitan regions in the nation. Prior to joining SCAG, he managed regional planning in south Florida for 15 years.

Ping served on the Technical Advisory Committee for the SB 743 implementation assistance project “From Driving More to Driving Less,” oversaw the case studies for State Route 210, and assisted in supervising the case studies for the Empire Lake mixed use redevelopment and the Irwindale regional shopping center.

 

M.A.    Regional Planning, University of California, Berkeley

M.A.     Transportation Engineering, University of California, Berkeley

Ph.D. candidate in Transportation, University of California, Berkele


Chris Ganson's Profile

Chris Ganson Related seminars and products: 2


Chris Ganson is a Senior Planner with the Governor’s Office of Planning and Research, working on issues at the intersection of transportation and land use planning. Chris’ recent efforts have included crafting the parameters of CEQA streamlining for infill and developing transportation greenhouse gas emissions quantification methodologies.

 

Currently, he serves at technical lead for the implementation of CA SB 743, updating transportation metrics in environmental review. He served on both the Technical Advisory Committee and the Policy Committee for the SB 743 implementation assistance project, “From Driving More to Driving Less.”

 

Prior to joining OPR, he held positions at the Lawrence Berkeley National Laboratory, the World Resources Institute, and US EPA Region 9.

 

B.A.     Environmental Sciences, University of California, Berkeley

M.CP. & M.S. City Planning and Transportation Engineering, University of California, Berkeley


Devon Deming's Profile

Devon Deming Related seminars and products: 2


Devon Deming is Director of Metro Commute Services at LA Metro transit district. At LA Metro she directs the countywide employer and college pass programs, residential pass programs, and Youth on The Move (YOTM) pass program.

Previously she served for twelve years as Rideshare Administrator at Los Angeles World Airports and Employee Transportation Coordinator for the City of Los Angeles.

B.A.    English Literature and Women’s Studies, University of California, Los Angeles


Ethan Elkind's Profile

Ethan Elkind Related seminars and products: 2


Ethan Elkind is the Director of the Climate Program at the Center for Law, Energy and the Environment at UC Berkeley and leads the Climate Change and Business Research Initiative on behalf of the UC Berkeley and UCLA Schools of Law.

He taught at UCLA law school’s Frank Wells Environmental Law Clinic and served as an environmental law research fellow. In 2018 he co-authored a report for the California Department of Transportation, “Implementing SB 743: An Analysis of Vehicle Miles Traveled Banking and Exchange Frameworks,” with Ted Lamm and Erik Prather, published by the Institute of Transportation Studies and CLEE at UC Berkeley.

Ethan has a background in the California Environmental Quality Act (CEQA), climate change law, environmental justice, and other environmental law topics.

In 2005, he co-founded The Nakwatsvewat Institute, Inc., a Native American nonprofit organization that provides alternative dispute resolution services and support for tribal governance, justice and educational institutions. His book on the history of the modern Los Angeles Metro Rail system was published by University of California Press in January 2014.

B.A.     Political Science, Brown University
J.D.     UCLA
UCLA law faculty since 2006


Bruce Griesenbeck's Profile

Bruce Griesenbeck Related seminars and products: 2


Bruce Griesenbeck is the Principal Transportation Analyst and manages the Data and Analysis group at the Sacramento Area Council of Governments.  His specialty is travel demand forecasting, and he serves on the Transportation Research Board Travel Forecasting Committee.

 

Bruce served on the Technical Advisory Committee for the of the SB 743 implementation assistance program, “From Driving More to Driving Less,” and supervised the case studies on the Cannery in Davis and the Woodland General Plan.

 

With Gordon Garry, Bruce is the author of “Comparison of Activity-Based Tour Model to Four-Step Model as a Tool for Metropolitan Transportation Planning,” prepared for the National Transportation Planning Applications Conference.

 

Previously he was Principal Transportation Analyst at SACOG and Senior Transportation Analyst at DKS.

 

M.A.     Civil Engineering, University of California, Berkeley

M.A.     City and Regional Planning, University of California, Berkeley


Ron Hughes's Profile

Ron Hughes Related seminars and products: 2


Ron Hughes is the Executive Director of CalVans, the California Van Pool Authority.

 

The CalVans program provides qualified agricultural workers with safe, affordable vans they can use to drive themselves and others to work. CalVans administers hundreds of vanpools tailored to meet the needs not only of government employees, but also student populations and commuters working in a variety of California industries.

 

Previously Ron was Director of Kings County Area Public Transit Agency and Community Development Director for the City of Avenal and City Engineer for the City of Corcoran.


His higher education studies are in Business Administration and Civil Engineering and he has a degree in Mechanical Engineering Technology.


Ted Lamm's Profile

Ted Lamm Related seminars and products: 2


Ted Lamm is Research Fellow in the Climate Program at CLEE. Ted’s research focuses on California policies regarding climate change and greenhouse gas emissions, and the relationships between other areas of policy and the achievement of California’s climate change-related goals. His recent work has centered on sustainability in California’s freight system, utility-scale solar power, and energy efficiency in the multifamily housing sector.

 

Prior to joining CLEE, Ted practiced both environmental law and corporate law in New York City. At New York University School of Law, Ted was the symposium editor of the Environmental Law Journal and participated in the NYU/NRDC Environmental Law Clinic. He is a member of the California and New York Bars.

 

A.B.    English and Economics, Brown University

J.D.     New York University School of Law


Jeannie Lee's Profile

Jeannie Lee Related seminars and products: 2


Jeannie Lee is Senior Counsel at the Governor's Office of Planning and Research (OPR). Jeannie serves as general counsel to OPR and is also the legal lead for the updates to the CEQA Guidelines. She also provides legal assistance to the California Strategic Growth Council. 

Prior to joining OPR, Jeannie worked as a Deputy Attorney General in the Land Law section of the California Attorney General's Office and represented state agency clients in land use and CEQA litigation. Prior to the Attorney General's Office, she was an associate attorney at Remy Moose Manley, LLP in Sacramento, representing public agency and private sector clients in land use and CEQA litigation.

Before entering the legal profession, Jeannie was an environmental planner for private consulting firms in Sacramento. She has been a member of the American Institute of Certified Planners since 2007. ​​

 

B.S.     Conservation and Resource Studies University of California, Berkeley

M.A.    City Planning, University of California, Berkeley

J.D.     Lewis & Clark Law School


Robert Liberty's Profile

Robert Liberty Related seminars and products: 2


Robert Liberty is Director of the Institute for Sustainable Solutions at Portland State University and manager of the SB 743 implementation assistance program, “From Driving More to Driving Less,” which was commissioned and financed by several California MPOs, CalTrans and the Office of Planning and Research.

 

Robert has served as a Staff Attorney and Executive Director of 1000 Friends of Oregon, a land use hearings officer for Multnomah County Oregon, and as Senior Counsel to Congressman Earl Blumenauer of Oregon. He was elected to the Metro Council in 2004 and re-elected in 2008. He has published articles in the Environmental Law Reporter and the Boston College Environmental Affairs Law Review and authored a chapter of Steering the Metropolis: Metropolitan Governance for Sustainable Urban Development.

 

M.A.    Modern History, Oxford University

J.D.     Harvard Law School


Ron Milam's Profile

Ron Milam Related seminars and products: 2


Ronald T. Milam, AICP, PTP is the director of evolving the status quo at Fehr & Peers and co-leads the company’s research and development.

 

He is actively involved in a wide variety of project work but also finds time to teach transportation planning, modeling, and SB 743 courses for UC Berkeley Tech Transfer, UC Davis Extension, and UC San Diego Extension.

 

He served on the Technical Advisory Committee for the of the SB 743 implementation assistance program, “From Driving More to Driving Less.”

 

A unique part of Ron’s experience is thinking long-term and helping clients understand the future outcomes of their decisions. His recent work has focused on travel market priorities, disruptive trends such as internet shopping and automated vehicles, plus big data analysis to answer challenging transportation policy and technical questions.


B.A.    Environmental Policy Analysis and Planning, University of California, Davis


Beth Osborne's Profile

Beth Osborne Related seminars and products: 2


Beth Osborne joined Transportation for America in 2014 to lead their mission-driven technical assistance service before being elevated to director of the organization in 2018.

 

Beth came from the U.S. Department of Transportation where she served as the Acting Assistant Secretary for Transportation Policy from 2013-2014 and as the Deputy Assistant Secretary for Transportation Policy from 2009-2013. At USDOT, Beth managed the TIGER Discretionary Grant program, the Secretary’s livability initiative, and the development of the Administration’s surface transportation authorization proposal. Before joining USDOT, Beth worked for Sen. Tom Carper (DE) as the legislative assistant for transportation, trade and labor policy; the legislative director for environmental policy at the Southern Governors’ Association; and a legislative assistant for Rep. Ron Klink (PA-04).

 

B.A.     Political Science, Louisiana State University

J.D.     Louisiana State University Law

 


Lynn Peterson's Profile

Lynn Peterson Related seminars and products: 2


Lynn Peterson took office as the President of Metro Council, Portland Oregon’s regional government, in January 2019. Metro is responsible for metropolitan level land use and transportation planning and plan implementation, including the administration of the regional urban growth boundary and the adoption and implementation of the regional transportation plan for 24 cities and parts of three counties in the Oregon portion of the Portland. Metro also provides a spectrum of other regional facilities and services across the region, from recycling and waste disposal to regional parks and a convention center.

 

Previously, President Peterson served for three years as the Acting Secretary of Transportation for the State of Washington and as the Sustainable Communities and Transportation Advisor to Oregon Governor John Kitzhaber. She served in various senior positions with Trimet (Portland’s regional transit agency), Smart Growth America and 1000 Friends of Oregon. President Peterson has served as Clackamas County Commissioner and Commission Chair and Lake Oswego City Councilor.

 

B.S.    Civil and Environmental Engineering, University of Wisconsin Madison

M.A.     Urban and Regional Planning, Portland State University
M.A.     Civil and Environmental Engineering, Portland State University

 


Jeff Tumlin's Profile

Jeff Tumlin Related seminars and products: 2


Jeff Tumlin is a Principal and Director of Strategy at Nelson\Nygaard in their San Francisco office, where he has worked for two decades. His specialties include transit-oriented development, transit station area planning, transportation planning for downtown and cities, parking management and multimodal corridor studies.  He also served as Interim Director of the Oakland Department of Transportation.

 

Previously he worked as Transportation Programs Manager at Stanford University, where he accommodated 2.5 million square feet of growth without adding any peak-period automobile trips. He also established a parking cashout program, reinvented the campus transit system, and built new bicycle and pedestrian networks, saving Stanford millions of dollars in unnecessary parking structure reconstruction and eliminating use of General Funds for transportation.


B.A.    Urban Studies, Stanford University


Tyson Sohagi's Profile

Tyson Sohagi Related seminars and products: 2


Tyson is a partner in The Sohagi Law Group LLC. His practice focuses on environmental law, land use and planning law, the Costal Act, the California Environmental Quality Act, and the National Environmental Policy Act. He advises public clients on complex matters such as infrastructure projects, mass transit fees, general plans and specific plans, specific development proposals, and other land use issues.

 

Tyson has substantial experience related to traffic analysis and the associated mitigation measures, including operational analysis involving airports, intermodal railways facilities, and development projects, construction work, internal airport circulation, county and city wide programmatic analysis, as well as non-vehicular analysis including multi-modal analysis for pedestrians and bicyclists, included in the revised CEQA Guidelines.

 

B.S.    Mechanical Engineering, UC Berkeley

J.D.     University of the Pacific, McGeorge School of Law

 


Darrell Steinberg's Profile

Darrell Steinberg Related seminars and products: 2


Darrell Steinberg is Mayor of Sacramento and was the chief sponsor of Senate Bill 743. Steinberg served as an employee rights attorney for the California State Employees Association for ten years, followed by working as an Administrative Law Judge and mediator.

 

Mayor Steinberg served on the Sacramento City Council from 1992-1998 before being elected to the California State Assemble, where he served from 1999 until he was termed out in 2005.

 

During his time in the Assembly, Mayor Steinberg chaired the Assembly Committees on Budget, Appropriations, Judiciary, Labor and Employment and the Select Committee on High Priority Schools.

After being elected to the state Senate in 2006 he became Chair of the Senate Natural Resources and Water Committee. He also chaired the Senate Select Committee on High School Graduation, the Mental Health Services Oversight and Accountability Commission, and the Legislative Blue Ribbon Commission on Autism.

Mayor Steinberg was the President pro Tempore of the California State Senate from 2008 to 2014, the first Senate leader from Sacramento since 1883.

He was elected Mayor of Sacramento in 2016.

 


Qualified Employers

Staff of these organizations qualify for free registration:
 
California Association of Councils of Government (CALCOG)
CA Governor's Office of Planning and Research
CA Department of Transportation (Caltrans)
Fehr & Peers
Metropolitan Transportation Commission
Sacramento Area Council of Governments
San Diego Council of Governments
San Joaquin Council of Governments
Southern California Association of Governments
 
Staff of member governments of the following MPOs also qualify for free registration:
 
Metropolitan Transportation Commission
Sacramento Area Council of Governments
San Diego Council of Governments
San Joaquin Council of Governments
Southern California Association of Governments
 
Questions? Please contact Molly Kramer, mokramer@pdx.edu

Sponsors

        

 

 

        

 

On Demand Agenda

SEGMENTS:

 

  1. Introductory Comments (15 minutes)

Robert Liberty, Portland State University Ethan Elkind, Center

for Law, Energy and the Environment, UC Berkeley Law School

(0.0 credits)

 

  1. Refresher on SB 743 and Implementing CEQA Guidelines (60 minutes)

Moderator: Ethan Elkind, Center for Law, Energy and the

Environment, UC Berkeley Law School

1.0 MCLE & AICP credits

 

Policy Context of the Origins of SB 743

Mayor Darrell Steinberg (via video recording)

 

SB 743’s sponsor describes the reasons for introducing SB 743,

building on prior compact growth efforts and challenges CEQA

presented for infill and redevelopment and approvalof transit

and active transportation projects

 

Legal Context for SB 743 within CEQA: A Refresher Course

Jeannie Lee, Legal Counsel, Governor’s Office of Planning and

Research

 

General CEQA Requirements – a quick review including

evidentiary standard, range of discretion given to lead

agencies, thresholds of significance, feasible mitigation

obligation, statement of overriding consideration

 

Prior Level of Service maintenance standard; legal and

associated technical aspects; relationship of LOS analysis to

other EIR components, typical mitigation approaches and

costs, performance monitoring, cite to exemplar cases

Relationships to other EIS components

 

SB 743 and the CEQA Guidelines

Chris Ganson, Governor’s Office of Planning and Research

  • Technical and policy limitations of LOS maintenance
  • Relative advantages of VMT reduction as performance measure
  • Relationship to greenhouse gas reduction goals in SB 32; most recent performance report from California Air Resources Board

Overview of contents of the Guidelines and the Technical

Advisory (what they address and their legal significance)

including:

  • Streamlined uses
  • Land development projects that are not streamlined
  • Choice of approaches for road capacity projects
  • Baselines and thresholds of significance and analytic connection to CARB sectoral analysis
  • Clarifying that revised approach to (traffic) impact area determination and incorporation
  • of induced demand analyses were not a derivative from SB 743 but are court-confirmed
  • best practices
  • Approaches to setting threshold of significance
  • Using the VMT performance measure; measurement, modeling and connection to
  • substantial evidence

Comments, questions & answers

 

  1. Applying New CEQA Guidelines to Land Development Case Studies (60 minutes)

Moderators: Jeannie Lee and Chris Ganson, Governor’s Office of Planning and Research​1.0 MCLE & AICP credits 

 

Background on Project and Choice of Case Studies

Robert Liberty, Portland State University

 

Irwindale Regional Shopping Center Case Study Empire Lakes

Mixed Use Redevelopment Case Study

Ping Chang, Southern California Association of Governments

 

Davis Cannery Case Study

Bruce Griesenbeck, Sacramento Area Council of Governments

 

Private Sector Consultant Observations about New

Transportation Analysis Under CEQA for Land Development

Projects

Ron Milam, Fehr & Peers

 

Comments, questions & answers

 

  1. General Plan Update and Road Capacity Case Studies (60 minutes)

Moderator: Chris Ganson, Governor’s Office of Planning and Research
​1.0 MCLE & AICP credit 

 

Woodland General Plan Update Case Study

Bruce Griesenbeck, Sacramento Area Council of Governments

 

SR 210 Widening Case Study

Ping Chang, Southern California Association of Governments

 

Commentary from Public Sector Implementer

Mike Bagheri, Transportation Manager, Pasadena

 

Comments, questions & answers

 

  1. VMT Mitigation Part 1 (60 minutes)

Moderator: Tyson Sohagi, Sohagi Law Group

1.0 MCLE & AICP credit

        

VMT Mitigation Overview

Ethan Elkind, Center for Law, Energy & the Environment, UC

Berkeley

General requirements, no double-counting, methods, research

on efficacy, performance monitoring, administration, project

level mitigation, tiering, mitigation banks, mitigation exchanges

 

VMT Mitigation, Illustrations from Project Case Studies: SR

210, Empire Lakes, Irwindale, Woodland

Bruce Griesenbeck, Sacramento Area Council of Governments

Address the threshold and the mitigation options chosen to

illustrate the response

 

Comments, questions & answers

 

  1. VMT Mitigation Part 2: VMT Reduction Offset Exchange Concept (60 minutes)

Moderator: Robert Liberty, Portland State University

MCLE & AICP credit

 

Legal and Administrative Precedents, Options & Constraints for VMT Offset Exchanges

Robert Liberty, Portland State University

 

These presentations will describe VMT reduction programs that

could be considered asoffsets for VMT increases caused by

other projects.

 

Student Transit Fare Pass Program

Devon Deming, LA Metro

 

Rural Van Ride-Sharing

Ron Hughes, CalVans

 

Employee Parking Management

Jeff Tumlin, Nelson Nygaard

 

Comments, questions & answers

 

  1. Perspectives on Implementation (60 minutes)

Moderator: Ted Lamm, Center for Law, Energy & the

Environment, UC Berkeley

1.0 MCLE & AICP credit

 

This segment will describe what steps state, regional and local

governments have taken and will be taking to integrate the

new CEQA rules into their decision making.

 

CalTrans

Alyssa Begley

 

MPO perspective

Bruce Griesenbeck, Sacramento Area Council of Governments

 

City Perspective

Mike Baghieri, City of Pasadena

 

Comments, questions & answers

 

  1. National Segment: Panel presentation on relevance of SB 743 Guidelines an Emerging Analytic and Mitigation Practices for State and Localities Outside California Considering Shifting from, or Supplementing LOS Maintenance with/to VMT Reduction (60 minutes)

Moderator: Robert Liberty, Portland State University
(0.0 credits)

 

Many states have State Environmental Policy Acts that, like

California, use Level of Service as the basis for environmental

impact analyses, including under the National Environmental

Policy Act. Local governments also use LOS as the basis for

evaluation of transportation projects. Presenters in this

segment will discuss whether and how other governments will

follow or adapt California’s example.

 

Panelists: 
Lynn Peterson, President of Portland’s regional Metro Council, former
Washington State Secretary of Transportation

Beth Osborne, Transportation for America, Washington DC

David Bragdon, TransitCenter, New York

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