HomeMy Public PortalAbout7) 7E Senate Bill 743 Compliance - REgional Vehicle Miles Traveled Traffic Model and Local CEQA Traffic Thresholds of SignificanceAGENDA
ITEM 7.E.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
March 17 , 2020
The Honorable City Council
Bryan Cook, City Manager
By: Scott Reimers, Interim Community Development Director
SUBJECT: SENATE BILL (SB) 7 43 COMPLIANCE -REGIONAL VEHICLE MILES
TRAVELED TRAFFIC MODEL AND LOCAL CEQA TRAFFIC
THRESHOLDS OF SIGNIFICANCE (PL20-2389)
RECOMMENDATION:
The City Council is requested to:
1. Direct the City Manager to enter into a Memorandum of Agreement (Attachment A)
with the San Gabriel Valley Council of Governments (SGVCOG) to prepare a
regional vehicle miles traveled traffic model and develop local traffic thresholds of
significance to review projects under the California Environmental Quality Act
(CEQA); and
2. Approve the budget amendments of an appropriation of $14,855 from the Measure R
fund and a budget reduction of $20 ,000 from the General Fund.
BACKGROUND:
1. On September 27, 2013, the Governor of California signed SB 743, which directed
the Office of Planning and Research (OPR) to revise the CEQA Guidelines to
establish new, non-level of service (LOS) criteria for determining the significance of
transportation impacts of projects.
2 . In December of 2018, the Natural Resources Agency certified and adopted the
CEQA Guidelines, including the Guidelines section implementing Senate Bill 743 .
The same month OPR provided a Technical Advisory on Evaluating Transportation
Impacts in CEQA. The CEQA Guidelines require implementation of SB 743
compliant thresholds by July 1, 2020.
City Council
March 17, 2020
Page 2 of 3
3. In December of 2019, the SGVCOG reached out to its client cities to determine if
there was an interest in hiring one consulting company to produce a regional traffic
model and assist participating cities with developing local traffic thresholds of
significance. The SGVCOG has released a request for proposal and has chosen a
preferred consultant. The SGVCOG is now seeking formal input from member cities
on whether they intend to move forward with this regional effort.
ANALYSIS:
As a result of SB 743 the City will need to replace the City's level of service threshold of
significance for traffic with a vehicle miles traveled (VMT) threshold of significance when
we perform a CEQA review. To develop this new type of threshold, the City will need to
create a traffic model. Rather than producing a standalone traffic model for Temple City,
a less expensive alternative would be to join the SGVCOG's regional effort and thereby
share the associated costs. Though the consultant might differ, the methodology and
data from the traffic model would be the same.
The purpose of CEQA is to disclose to decisionmakers whether a new project will have a
significant impact on the environment. In some instances, each jurisdiction can decide
what rises to the level of a significant impact. For decades cities have reviewed travel
impacts using level of service (LOS), which measured traffic congestion at an intersection
for automobiles. It has since been disfavored by traffic engineers since it only measures
impacts on automobiles, not other forms of transportation (such as walking and bicycling).
Environmentalists have also fought against the use of LOS as it makes denser
development (which reduces greenhouse gas emissions) less attractive from a CEQA
perspective. The State is now requiring, under SB 743 and the updates to the CEQA
Guidelines, jurisdictions to modify their traffic thresholds to use VMT. This will benefit
projects that reduce the number of trips people take and/or the length of those trips.
The SGVCOG is working with interested members to develop a regional traffic model,
which will in turn assist in each jurisdiction developing their traffic thresholds of
significance. The consultant work will also help in developing a specific threshold of
significance for Temple City. Twenty-six cities have officially confirmed their participation.
If all 26 cities sign the MOA, the expected cost is $12,229. The City's cost will not exceed
$14,855 so long as 15 cities participate.
A budget of $20,000 was originally appropriated from the General Fund to fund the City's
share. However, the new cost estimate is $14,855 and is determined that it is an eligible
expenditure from the Measure R fund. Therefore, it is requested that the Council approve
a budget appropriation of $14,855 from the Measure R fund and a budget reduction of
$20,000 from the General Fund.
City Council
March 17, 2020
Page 3 of 3
CITY STRATEGIC GOALS:
The recommended action fulfills the strategic goals of good governance by using
economies of scale and partnering with other cities to reduce the cost of preparing the
required work.
FISCAL IMPACT:
The fiscal impact for the approval the Memorandum of Agreement with the SGVCOG is
estimated at $14,855 with a recommendation that a budget amendment be approved from
the Measure R fund.
ATTACHMENTS:
A. Draft Memorandum of Agreement
B. Project Scope of Work
ATTACHMENT A
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF TEMPLE CITY FOR PARTICIPATION OF THE SAN
GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Memorandum of Agreement ("MOA'' or "Agreement") is made as of March 18, 2020
by and between the City of Temple City, a municipal c01poration ("City"), and the San Gabriel
Valley Council of Governments, a California joint powers authority ("SGVCOG"). City and
SGVCOG may be referred to herein collectively as the "Parties" or individually as a "Party."
RECITALS:
A. SGVCOG was established to have a unified voice to maximize resources and advocate
for regional and member interests to improve the quality oflife in the San Gabriel Valley
by the member cities and other local governmental agencies.
B. City seeks to participate in the San Gabriel Valley Regional Vehicle Miles of Travel
(VMT) Analysis Model ("Model").
C. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect
to this effo1i in this MOA.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The te1m of this MOA shall commence upon execution of the MOA by the Parties and
shall continue through the completion of all work completed under this MOA. The term of this
MOA may be extended by mutual written agreement of the Parties.
II. RESPONSIBILITIES OF THE PARTIES:
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A. SGVCOG.
SGVCOG will:
1. Undertake procurement and management of consultant(s) to complete the
Model. Execute a contract with the consultant for the development of the
Model.
2. Manage all invoicing and billing.
3. Review draft deliverables prepared by the consultant for accuracy prior to
submission to City.
4. Coordinate with the consultant to ensure consultant's participation in calls
and meetings.
5. Manage ongoing coordination of project calls with the Paiiies and the
consultant throughout the development of the Model.
6. Review and provide comments on draft communications and documents
related to MOA products.
7. Submit one invoice to the City, in the amount that does not exceed $14,855.00,
as follows:
• The payment of the invoice will be due within thirty (30) days upon the
City's receipt of the invoice for one hundred percent (100%) of the total
cost.
B. City.
City will:
1. Participate in coordination calls and meetings with all parties and consultant
throughout the development of the Model, as necessary.
2. Provide a point-of-contact with name, title, and contact information. If the
point-of-contact is reassigned or no longer with the City, a new point-of-
contact must be designated within five (5) business days.
3. Actively engage in the development of the Model including, but not limited
to, promptly responding to all con-espondence (phone calls and e-mail
communications), responding to data requests, and attending any necessary
meetings.
4. Review and provide comments to consultant on deliverables as identified in
the Scope of Work from the Request for Proposal for Model, attached hereto
as Exhibit "A" and incorporated herein by this reference.
5. Participate in check-in calls and/or meetings with consultant. Participate in
coordination calls with all Parties, as necessary.
6. Approve within five (5) business days any deliverables that can be approved
by staff or ten (10) business days any items that need to be approved by city
attorney or city manager.
7. Pay the invoice submitted by the SGVCOG within thirty (30) days.
Ill. PROJECT MANAGEMENT:
A. Project Managers.
1. For the purposes of this MOA, SGVCOG designates the following individual
as its Project Manager: Alexander Fung, Management Analyst.
2. For the purposes of this MOA, the City designates the following individual as
its Project Manager: Scott Reimers
Either Party may change the designations set forth herein upon written notice to
the other Party.
IV. DEFAULT; REMEDIES:
1471326.1
A. Default. A "Default" under this MOA is defined as any one or more of the
following: (i) failure of either Party to comply with the terms and conditions
contained in this MOA; and/or (ii) failure of either Party to perform its
obligations set forth herein satisfactorily or make sufficient progress towards
completion of the Model.
B. Remedies. In the event of a Default by either Party, the non-defaulting Party
will provide a written notice of such Default and thirty (30) days to cure the
Default. In the event that the defaulting Party fails to cure the Default, or commit
to cure the Default and commence the same within such 30-day period and to the
satisfaction of the non-defaulting Patiy, the non-defaulting Patiy may terminate
this MOA. Such termination shall be effective immediately. The remedies
described herein are non-exclusive. In the event of a Default by either Party, the
non-defaulting Party shall have the right to seek any and all remedies available
at law or in equity.
V. INDEMNIFICATION:
A. City agrees to defend, indenmify, and hold free and harmless the SGVCOG, its
elected and appointed boards, officials, officers, agents, employees, members, and
volunteers, at City's sole expense, from and against any and all claims, actions,
suits, or other legal proceedings brought against the SGVCOG, its elected and
appointed boards, officials, officers, agents, employee members, and volunteers
arising out of or relating to the acts or omissions of City in connection with this
Agreement.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its
elected officials, officers, agents, employees, and volunteers, at SGVCOG's sole
expense, from and against any and all claims, actions, suits, or other legal
proceedings brought against the City, its elected officials, officers, agents,
employees, and volunteers arising out of or relating to the acts or omissions of
SGVCOG in connection with this Agreement.
VI. INSURANCE:
A. City and SGVCOG shall maintain and keep in full force and effect during the term
of this MOA insurance or a program of self-insurance against claims for injuries
to persons or damages to property which may arise in connection with City's or
SGVCOG's performance of its obligations hereunder.
VII. OTHER TERMS AND CONDITIONS:
1471326.1
A. Notices. All notices required or permitted to be given under this Agreement shall be
in writing and shall be personally delivered, or sent by electronic mail or certified
mail, postage prepaid and return receipt requested, addressed as follows:
To SGVCOG: Alexander Fung
Management Analyst
1000 S. Fremont Avenue, Unit 42
Building A-ION, Suite 10-210
Alhatnbra, CA 91803
(626) 457-1800
afung@sgvcog.org
1471326.1
with a copy to:
To City:
with a copy to:
Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A-ION, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
mcreter@sgvcog.org
Scott Reimers
Interim CD Director
9701 Las Tunas Drive
Temple City, CA 91780
(626) 285-2171
sreimers@templecity.us
B1yanCook
City Manager
9701 Las Tunas Drive
Temple City, CA 91780
(626) 285-2171
bcook@templecity.us
B. No Partnership. This Agreement is not intended to be, and shall not be construed as,
an agreement to form a patinership, agency relationship, or a joint venture between
the Patiies. Except as otherwise specifically provided in the Agreement, neither Party
shall be authorized to act as an agent of or otherwise to represent the other Pmiy.
C. Entire Agreement. This Agreement constitutes the entire understanding between the
Patiies with respect to the subject matter herein and supersedes any and all other
prior writings and oral negotiations. This Agreement may be modified only 111
writing, and signed by the Parties in interest at the time of such modification.
D. Governing Law. This Agreement shall be governed by and construed under
California law and any applicable federal law without giving effect to that body of
laws pertaining to conflict of laws. In the event of any legal action to enforce or
interpret this Agreement, the Parties hereto agree that the sole and exclusive venue
shall be a court of competent jurisdiction located in Los Angeles County, California.
E. Attorneys' Fees. In the event that there is any litigation or other legal proceeding
between the Parties in connection with this Agreement, each Party shall bear its own
costs and expenses, including attorneys' fees.
F. Excusable Delays. Neither Pmiy hereto shall be considered in default in the
perfonnance of its obligations hereunder to the extent that the performance of any
such obligation is prevented or delayed by unforeseen causes including acts of God,
floods, emihquakes, fires, acts of a public enemy, and government acts beyond the
1471326.l
control and without fault or negligence of the affected Party. Each Party hereto shall
give notice promptly to the other of the nature and extent of any such circumstances
claimed to delay, hinder, or prevent performance of any obligations under this
Agreement.
G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant
of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought.
H. Headings. The section headings contained in this Agreement are for convenience and
identification only and shall not be deemed to limit or define the contents to which
they relate.
I. Assignment. Neither Party may assign its interest in this Agreement, or any part
thereof, without the prior written consent of the other Party. Any assignment without
consent shall be void and unenforceable.
J. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
K. Authority to Execute. The person executing this Agreement on behalf of a Party
watTant that they are duly authorized to execute this Agreement on behalf of said
Party, and that by doing so said Party is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Pmiies hereto have caused this Agreement to be
executed as of the day and yem· first above written.
FOR THE CITY OF TEMPLE CITY
By: __________ _
Bryan Cook
City Manager
Date: -----------
ATTEST:
Peggy Kuo
City Clerk
APPROVED AS TO FORM:
Greg Murphy
City Attorney
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FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
By:------------
Marisa Creter
Executive Director
Date: __________ _
ATTEST:
Marisa Creter, Secretary
APPROVED AS TO FORM:
David DeBerry
General Counsel
ATTACHMENT B
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
EXHIBIT A
SCOPE OF WORK
SB 743 IMPLEMENTATION FOR MEMBER AGENCIES OF THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS
REQUEST FOR QUALIFICATIONS NO. 20-02 Page I of 4
SB 743 IMPLEMENTATION FOR MEMBER AGENCIES OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
Task 1 -Project Management
Task 1.1-Kickoff Meeting. The Consultant shall conduct a kickoff meeting. The
primary objectives will be to review scope, schedule, project goals and key
issues.
Task 1. 1 Deliverables: Meeting Notes and Materials for Kickoff Meeting.
Task 1.2 -Project Team Coordination. Monthly project team meetings, regular
phone and email check-ins, and other communications will ensure the tasks
listed in this SOW stay on schedule and within budget.
Task 1.2 Deliverables: Monthly Meeting Notifications, Agendas, and Notes.
Task 1.3-Invoicing and Contracts. The Consultant shall provide monthly invoices
to the SGVCOG and coordinate any contracting paperwork/logistics.
Task 1.3 Deliverables: Monthly Invoices and Coordination on Contracts.
Task 2 -Methodology for Vehicle Miles Traveled
The Consultant shall review tools for estimating VMT in the study area. Based
on this review, the Consultant shall develop a methodology for measuring
Vehicle Miles Traveled (VMT) based on a method supported by the State of
California Office of Planning and Research (OPR) in the implementation of
SB 743 guidelines, including VMT screening. The findings and
recommendations will be presented as a memorandum, and will consider
projects' effect on both baseline and cumulative conditions, using separate
methodologies if appropriate. The Consultant shall explore and depict existing
practices and methodologies utilized by cities in regions similar to the San
Gabriel Valley in the memorandum, explore options for dividing the San
Gabriel Valley by districts or areas with different methodology tailored to each
district/area (dependent on the intensity and type of existing land uses), and
discuss options for capitalizing on multi-modal opportunities in a built-out
community. This includes identifying applications when to institute VMT for
purposes of evaluating incoming development.
Task 2 Deliverable: Memorandum Outlining Methodology for Vehicle Miles Traveled.
Task 3 -Develop VMT Thresholds and Mitigation Measures
For each participating City, the Consultant shall develop and establish VMT
thresholds of significance for project-specific and cumulative impacts (Land-
Use, Land-Use Plan, and Transportation projects) that promote (1) reduction
of greenhouse gas emissions; (2) development of multi modal transportation
networks; and (3) a diversity of land uses. Thresholds shall be for existing and
proposed land uses that will be used for analyzing transportation impacts in
CEQA analyses. The Consultant shall provide mitigation measurescompliant
REQUEST FOR QUALIFICATIONS NO. 20-02 Page 2 of 4
SB 743 IMPLEMENTATION FOR MEMBER AGENCIES OF THE SAN OABRIEL VALLEY COUNCIL OF GOVERNMENTS
with CEQA Guidelines Section 15064.3. The mitigation measures shall be
developed based on Transportation Demand Management strategies
available to reduce VMT as documented by State agencies and best practice
research. Mitigation measures shall then be refined through application of
specific Transportation Demand Management measures to quantifiably
mitigate potential VMT impacts. The Consultant shall identify ranges of
effectiveness for the mitigation measures appropriate for each City, including
transit, Transportation Demand Management, Active Transportation, and
other trip/travel reduction strategies. The Consultant shall then coordinate with
each City to determine which measures will be required as part of the project
entitlement process and what measures will be optional. These items shall be
presented in memorandum, with graphics and tables to present topics and
concepts when appropriate.
Task 3 Deliverable: Memorandum on VMT Thresholds and Mitigation Measures for
each participating City.
Task 4 -Develop VMT Evaluation Tool for Incoming Development Projects
To be able to assess VMT project-specific and cumulative impacts for
incoming developments on individual projects, the Consultant shall prepare
an interactive spreadsheet for each City that will assess VMT impacts based
on land use type and VMT reduction strategies (e.g., multimodal infrastructure
improvements, number of parking spaces constructed/utilized, and
Transportation Demand Management programs to be instituted as part of the
project). The interface should be simple for City employees and developers
alike to easily understand impacts for projects submitted and to quantify the
effectiveness of mitigation measures on reducing VMT.
Task 4 Deliverable: Interactive Spreadsheet to Assess VMT Impacts for Incoming
Development Projects.
Task 5 -Sample Projects
The Consultant shall work with each participating City to identity projects to
test through the significance criteria. Potential mitigation measures and
realistic assessments of effectiveness in VMT reduction will be identified for
various geographies and project types.
Task 5 Deliverable: Memorandum on Sample Projects.
Task 6 -Traffic Impact Analysis Guidelines
The Consultant shall update each City's Traffic Impact Analysis Guidelines to
include VMT analysis for CEQA purposes, in addition to retaining Level of
Service {LOS) methodology for General Plan compliance. This should include
an evaluation of potential enhancements and recommended changes to the
existing LOS-based guidelines.
REQUEST FOR QUALIFICATIONS NO. 20-02 Page 3 of 4
SB 743 IMPLEMENTATION FOR MEMBER AOENCIES OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
Task 6 Deliverable: Updated Traffic Impact Analysis Guidelines.
Task 7 -Public Hearing Support
The Consultant shall attend and participate in one public meeting for each
participating City. This will include attending, presenting, and responding to
questions at either a City Council, Commission, Committee, or other public
meeting/hearing.
Task 7 Deliverable: Public Meeting Attendance
*END OF SCOPE OF WORK*
REQUEST FOR QUALIFICATIONS NO. 20-02 Page 4 of4
SB 743 IMPLEMENTATION FOR MEMBER AGENCIES OF Tl-IE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS