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HomeMy Public PortalAbout05_7D_VMT_Staff Report MOA with SGVCOGCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM D ATE: April 20, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Scott Reimers, Community Development Director SUBJECT: AUTHORIZATION TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) TO PREPARE A REGIONAL VEHICLE-MILE-TRAVELLED (VMT) MITIGATION FEE STRUCTURE PROGRAM RECOMMENDATION: The City Council is requested to: 1.Authorize the City Manager to execute the Memorandum of Agreement (MOA) (Attachment “A”) with the San Gabriel Valley Council of Governments (SGVCOG), for an amount not to exceed $10,000; and 2.Appropriate $10,000 from the Measure M (Los Angeles County Traffic Improvement Plan) reserves into Account 42-930-53-4271 (Planning Program Contract Services) for the Regional Vehicle Miles Traveled (VMT) Mitigation Fee Structure Program. BACKGROUND: 1.On March 17, 2020, the City Council entered into an agreement with the 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). 2.On June 23, 2020, the City Council adopted Resolution No. 20-5477 which adopted thresholds of significance for reviewing VMT traffic impacts of projects in compliance with CEQA. AGENDA ITEM 7.D. City Council April 20, 2021 Page 2 of 3 ANALYSIS: By July of 2020, all local jurisdictions in the state were required to change the way transportation impacts are measured from level of service (LOS) to VMT. VMT is derived by multiplying the number of trips a car makes in a day times the number of miles traveled in the day. Reducing the number of trips cars make or the length of those trips reduces VMT and consequently reduces greenhouse gas emissions. The SGVCOG assisted Temple City and other jurisdictions by leading a regional effort to switch from LOS to VMT. This regional approach allowed each jurisdiction to set different thresholds based on each city’s unique priorities, but decisions were made based on the same region wide model, data, and analysis. The effort was cost efficient and allowed jurisdictions to share knowledge. The success of that effort led to a discussion at the Planning Directors’ Technical Advisory Committee of the SGVCOG about the possibility of implementing another regional initiative – a fee aimed at mitigating or reducing VMT. This gave way to a proposal to develop a Regional VMT Mitigation Fee Structure Program (“program”). The proposed program will provide a streamlined, region wide, consistent, cost efficient, and transparent fee program to mitigate VMT. A project that is not exempt from CEQA can have a significant impact on VMT. The goal of the program is to create a straightforward way of mitigating or lessening these impacts. For these types of projects, the program would develop a cost per trip based on the type, scale, and impact level. These fees would reduce VMT by instituting a related transportation project aimed at reducing VMT. Temple City would keep a majority of the VMT fees collected from projects in its city. VMT impacts are not just local, though. Large projects can also have impacts on adjacent communities, as vehicles travel through adjacent cities to arrive in Temple City. These trips can be particularly difficult to mitigate using a fee as there currently is no agreement between cities as to how much a project applicant should pay to mitigate the impact of the trip, what an appropriate use of the funds would be, etc. If a project impacts multiple cities negotiating such issues could create a significant amount of uncertainty and delay in the process. The proposed program would provide a framework outlining the process for assessing, collecting, and distributing a regional fee to address local and regional impacts. The proposed framework would help streamline the analysis of VMT impacts so that every applicant would not be required to run the same analysis. It also would provide clarity to applicants as the fee would be known upfront rather than after an environmental analysis occurred. The proposed framework also is beneficial in that it will provide a consistent framework for nearly the entire San Gabriel Valley. It is important to note that the City Council’s decision to adopt a fee is voluntary. There are 27 SGVCOG member cities planning to participate in the program. Participation will ensure that Temple City’s interest are integrated into the program’s development. Decision points will include which transportation projects are eligible for receiving future City Council April 20, 2021 Page 3 of 3 mitigation funds and establishing fee categories. The SGVCOG is expecting to complete the program in a year. Each participating city is contributing $10,000. The following 27 cities intend to participate in the program: • Alhambra • Arcadia • Baldwin Park • Claremont • Covina • Diamond Bar • Duarte • El Monte • Glendora • Industry • La Canada-Flintridge • La Puente • La Verne • Montebello • Monterey Park • Monrovia • Pasadena • Pomona • Rosemead • San Dimas • San Gabriel • San Marino • Sierra Madre • South El Monte • South Pasadena • Walnut • West Covina Based on the number of cities adopting the VMT Fee Framework and their consensus for fully implementing the Regional VMT Mitigation Fee, SGVCOG envisions the need for an additional phase of development to prepare a nexus study and establish the accounting procedures for collecting and distributing fees. The SGVCOG and participating cities may pursue grant opportunities for funding this latter phase of the project. CITY STRATEGIC GOALS: The proposed regional VMT mitigation fee program would meet the strategic goal of sustainable infrastructure by providing a funding source to address the effects of climate change. The program would also meet the strategic goal of economic development by participating in a regional fee program that provides clarity and consistency across the San Gabriel Valley and reduces potential time required to assess the necessary fee on a project-by-project basis. FISCAL IMPACT: The cost for participating is $10,000 per city. Cities can use Measure M or Measure R (Los Angeles County Traffic Relief) funds. Staff recommends using $10,000 from Measure M to cover Temple City’s share of the program’s expense. ATTACHMENT: A. MOA between SGVCOG and the City of Temple City 1561202.1 ATTACHMENT A MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF TEMPLE CITY FOR PARTICIPATION IN THE DEVELOPMENT OF THE SAN GABRIEL VALLEY REGIONAL VEHICLE-MILES TRAVELED (VMT) MITIGATION FEE STRUCTURE This Memorandum of Agreement (“MOA” or “Agreement”) is made as of May 1, 2021 by and between the City of Temple City, a municipal corporation (“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. The passage of SB 743 (Steinberg, 2013) changed the primary metric that California uses to assess transportation impacts under the California Environmental Quality Act (CEQA) from Level of Service (LOS) to Vehicle-Miles Traveled (VMT). This change resulted in the deployment of new analytic approaches to determine the significance of potential impacts and the use of new mitigation measures to address those impacts. The implementation of a Regional VMT Mitigation Fee Structure (PROGRAM) can be used to streamline VMT-related impact analysis and ensure successful implementation of associated mitigations, thereby providing an avenue for mitigating VMT impacts of transportation projects under SB 743. B. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies. C. City seeks to participate in the PROGRAM to develop a unified approach to streamline the implementation and assessment of fair and equitable contributions to regionally significant improvements. D. The PROGRAM will create a fee structure and process for mitigating a proposed project’s VMT impact by contributing to in-lieu-of fee for VMT reduction credits. E. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA. Recitals are made a substantive part of this Agreement and the Parties further agree as follows: I. TERM: The term of this MOA shall commence on May 1, 2021 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. Regional VMT Mitigation Fee Structure MOA.TEM II. RESPONSIBILITIES OF THE PARTIES: A. SGVCOG. SGVCOG will: 1. Undertake procurement and management of consultant(s) to complete the PROGRAM. Execute a contract with the consultant for the development of the PROGRAM. 2. Manage all invoicing and billing. 3. Review draft deliverables prepared by the consultant for accuracy. 4. Coordinate with the consultant to ensure consultant’s participation in calls and meetings. 5. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the PROGRAM. 6. Review and provide comments on draft communications and documents related to MOA products. 7. Submit two invoices to the City, in the amount that totals $10,000.00, as follows: • The first invoice will be sent immediately after the execution of this Agreement. Payment of this invoice will be due within thirty (30) days upon the City’s receipt of the invoice for $5,000 of the total cost. • The second invoice will be sent immediately after the consultant submits the Draft Final Report for the PROGRAM. Payment of this invoice will be due within thirty (30) days upon the City’s receipt of the invoice for the remaining $5,000. B. City. City will: 1. Designate a point-of-contact with name, title, and contact information who will serve as the City’s technical representative throughout the development of the PROGRAM. If the point-of-contact is reassigned or no longer with the City, a new point-of-contact will be designated within 14 calendar days. 2. Actively engage in the development of the PROGRAM including, but not limited to, promptly responding to all correspondence (phone calls and e-mail communications), responding to data requests, and attending any necessary meetings. 3. Review and provide comments to consultant on deliverables as necessary. 4. Participate in check-in calls and/or meetings with the consultant and with all Parties, as necessary. 5. 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. 6. Pay invoices submitted by the SGVCOG within thirty (30) days. Regional VMT Mitigation Fee Structure MOA.TEM III. 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 representative: Scott Reimers Community Development Director Phone number: (626) 287-2171 ext. 4311 Email: sreimers@ci.temple-city.ca.us Either Party may change the designations set forth herein upon written notice to the other Party. IV. DEFAULT; REMEDIES: 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 PROGRAM. 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 Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non-defaulting Party to the defaulting Party. 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, indemnify, 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 Regional VMT Mitigation Fee Structure MOA.TEM 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. C. To the extent allowed by State law, SGVCOG shall require that the consultant(s) defend and indemnify the City and its elected officials, officers, agents, employees, and volunteers from and against any and all claims, actions, suits, or other legal proceedings (collectively, “Claims”) brought against the City arising out of or relating to the acts or omissions of the consultant(s) in connection with the Scope of Work, in the agreement between the consultant and SGVCOG; provided that SGVCOG shall not be liable to the City and its elected officials, officers, agents, employees, and volunteers by way of agency or any other theory of liability for any such Claims. VI. INSURANCE: A. The SGVCOG agrees to obtain and maintain in full force and effect during the term of this Agreement the following insurance policies: general liability ($1,000,000 per occurrence, $2,000,000 general aggregate for bodily injury, personal injury and property damage), auto liability insurance (No less than $1,000,000 combined single limit for each accident), and worker’s compensation insurance (Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence and Employer’s Liability Insurance with limits of at least $1,000,000.). All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so, approved in writing by the City Manager. SGVCOG agrees to provide City with copies of required policies upon request. VII. OTHER TERMS AND CONDITIONS: 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-10N, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 afung@sgvcog.org with a copy to: Eric C. Shen, PE, PTP Director of Capital Projects 4900 Rivergrade Road, Suite A120 Irwindale, CA 91706 Regional VMT Mitigation Fee Structure MOA.TEM (626) 698-9926 eshen@sgvcog.org To City: Scott Reimers Community Development Director 9701 Las Tunas Drive Temple City, CA 91780 (626) 287-2171 ext. 4311 sreimers@ci.temple-city.ca.us with a copy to: Bryan Cook City Manager 9701 Las Tunas Drive Temple City, CA 91780 (626) 285-2171 bcook@ci.temple-city.ca.us B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. 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 Party. C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in 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 Party shall be considered in default in the performance 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, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the 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. Regional VMT Mitigation Fee Structure MOA.TEM 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 warrant 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. L. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. M. Electronic Signatures. This Agreement may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. FOR THE CITY OF TEMPLE CITY By:___________________________ Bryan Cook City Manager FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: ____________________________ Marisa Creter Executive Director Date:__________________________ Date:__________________________ Regional VMT Mitigation Fee Structure MOA.TEM ATTEST: ______________________________ Peggy Kuo City Clerk APPROVED AS TO FORM: ________________________________ David DeBerry General Counsel APPROVED AS TO FORM: ______________________________ Greg Murphy City Attorney