04-07-2020 - AGENDA ITEM 09 CONSIDERATION OF PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL VEHICLE MILES OF TRAVEL (VMT) ANALYSIS MODELAGENDA ITEM NO.9
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL
VEHICLE MILES OF TRAVEL (VMT) ANALYSIS MODEL
RECOMMENDATION:
It is staffs recommendation that the City Council take the following actions:
1. Approve the proposed Memorandum of Agreement (Attachment No. 1)
MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS AND THE CITY OF WEST COVINA FOR PARTICIPATION OF THE
SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
2. Approve the following Budget Amendment Resolution (Attachment No. 2):
RESOLUTION NO.2020-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL
YEAR COMMENCING JULY 1, 2019, AND ENDING JUNE 30, 2020 (SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS REGIONAL VMT MODEL)
BACKGROUND:
The passage of SB 743 (Steinberg, 2013) changed how transportation impacts are measured under the California
Environmental Quality Act (CEQA) in the review of land use and transportation plans and projects. SB 743
removed automobile delay as the primary measure of transportation impacts of environmental significance and
required the Governor's Office of Planning and Research (OPR) to develop revisions to CEQA Guidelines
establishing criteria for determining the significance of transportation impacts. OPR subsequently selected Vehicles
Miles Traveled (VMT) as the preferred metric to comply with SB 743. Historically, the standard criteria used by
cities to measure transportation impacts under CEQA was Level of Service (LOS).
As a result of these changes, lead agencies under CEQA will be required to analyze project -related VMT to
determine whether transportation impacts from a given development would constitute a significant environmental
impact under CEQA beginning July 1, 2020. In order to properly evaluate impacts, it will be necessary for local
agencies to establish methodologies and quantified thresholds from which to determine levels of significance. West
Covina currently has no methodology or mechanism in place to transition to these new requirements.
After receiving requests from a majority of the San Gabriel Valley cities to lead a regional effort to assist cities with
completing these VMT requirements, the San Gabriel Valley Council of Governments (SGVCOG) conducted a
comprehensive Request -for -Proposals (RFP) process. As a result, Fehr and Peers was selected as the most qualified
firm to provide professional consultant services to complete the San Gabriel Valley Regional VMT Analysis Model.
The Scope of Work of this project can be found in Exhibit A of Attachment 1.
This project will analyze existing traffic conditions in the region to arrive at a baseline standard from which to
determine significance thresholds for future land use and transportation projects. It will result in recommendations
for establishing methodology, thresholds, technical tools and procedures for CEQA analysis and transportation
impacts of land use and transportation projects and plans in the local jurisdictions within the San Gabriel Valley.
The following 26 San Gabriel Valley cities have submitted confirmation to participate in the model:
Alhambra
Industry
Rosemead
Arcadia
Irwindale
San Marino
Azusa
La Canada Flintridge
San Gabriel
Baldwin Park
La Puente
Sierra Madre
Claremont
La Verne
South El Monte
Covina
Montebello
Temple City
Diamond Bar
Monterey Park
Walnut
Duarte
Monrovia
JWest Covina
El Monte
Pomona
DISCUSSION:
The Memorandum of Agreement (MOA) identifies the following roles and responsibilities for the SGVCOG and
each participating city (City):
• SGVCOG:
o Undertake procurement and management of consultant(s) to complete the VMT Analysis Model
("Model"). Execute a contract with the consultant for the development of the Model.
o Manage all invoicing and billing.
o Review draft deliverables prepared by the consultant for accuracy prior to submission to City.
o Coordinate with the consultant to ensure consultant's participation in calls and meetings.
o Manage ongoing coordination of project calls with the parties and the consultant throughout the
development of the Model.
o Review and provide comments on draft communications and documents related to MOA products.
• City:
o Participate in coordination calls and meetings with all parties and consultant throughout the
development of the Model, as necessary.
o Provide a point -of -contact with name, title, and contact information.
o Actively engage in the development of the study including, but not limited to, promptly responding to
all correspondence.
o Review and provide comments to consultant on deliverables as identified in the Scope of Work.
o Participate in check -in calls and/or meetings with consultant. Participate in coordination calls with all
Parties, as necessary.
o Pay the invoice submitted by the SGVCOG.
The budget adopted in June of 2019 specified $36,500 for the membership in the SGVCOG. The budget was
prepared prior the concept of this VMT study. The Budget Amendment would move $15,000 for Prop A funds and
add them to the budget for the SGVCOG.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the memorandum of understanding with the San Gabriel
Valley Council of Governments.
OPTIONS:
The options available to the City Council include:
1. Approval of the Memorandum of Understanding.
2. The City could prepare its own VMT model.
3. Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
The $15,000 amount to participate in the study is available in the Prop A funds (121.61.5140.6087). A Budget
Amendment has been prepared (Attachment No. 2) to ensure the funds are available.
Attachments
Attachment No. 1 -Memorandum of Agreement
Attachment 2 - Resolution No. 2020-23 (Budget Amendment)
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Facilities and Infrastructure
Enhance the City Image and Effectiveness
Protect Public Safety
ATTACHMENT NO.1
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS AND THE CITY OF WEST COVINA FOR
PARTICIPATION OF THE SAN GABRIEL VALLEY REGIONAL VMT
ANALYSIS MODEL
This Memorandum of Agreement (`MOA" or "Agreement') is made as of April 7, 2020
by and between the City of West Covina, 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. 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.
B. City seeks to participate in the San Gabriel Valley Regional Vehicle Miles of Travel
(VMT) Analysis Model (`Modem.
C. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect
to this effort in this MOA.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The term of this MOA shall cormrlence 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:
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 greetings.
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5. Manage ongoing coordination of project calls with the Parties and the
consultant throughout the development of the Model
6. Review and provide comments on draft coninunications 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 mist 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 correspondence (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.
III. PROJECT MANAGEMENT:
A. Proiect 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: Jo -Anne Bums, Planning Manager.
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 Parry to comply with the terms and conditions
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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 Parry, the non -defaulting Parry
will provide a written notice of such Default and thirty (30) days to cure the
Default. In the event that the defaulting Parry 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 Parry, the non -defaulting Parry may temnurate
this MOA. Such termination shall be effective immediately. The remedies
described herein are non-exclusive. In the event of a Default by either Parry, 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
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 duffing 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:
A. Notices. All notices required or pemritted 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
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Building A -ION, Suite 10-210
Alhambra, CA 91803
(626) 457-1800
afung@sgvcog.org
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@ sgvco g.org
To City: Jo -Anne Bums
Planning Manager
1444 W. Garvey Avenue South, Room 208
West Covina, CA 91790
(626) 939-8761
JBums@westcoviva.or
with a copy to: Mark Persico
Assistant City Manager
1444 W. Garvey Avenue South, Room 305
West Covina, CA 91790
(626) 939-8401
MPersico @ westcovina.org
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 Agreeme . 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 Parry shall bear its own
costs and expenses, including attorneys' fees.
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F. Excusable Delays. Neither Parry hereto 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, and government acts beyond the
control and without fault or negligence of the affected Party. Each Parry hereto shall
give notice promptly to the other of the nature and extent of any such circumstance s
claimed to delay, hinder, or prevent performance of any obligations under this
Agreement.
G. Waiver. Waiver by any Parry 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 Parry 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.
L Assignme . Neither Parry 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year fast above written.
FOR THE CITY OF WEST COVINA
ATTEST:
By: City Clerk
David Carnany
City Manager
APPROVED AS TO FORM:
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Thomas Duarte
City Attomey
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
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EXIIIBIT A
SCOPE OF WORK FOR
SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
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 KickoffMeeting.
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 treasuring 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 districtlarea (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-specffic 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 measures compliant 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
1471326.1
practice research Mitigation measures shall then be refined through application of specific
Transportation Demand Management measures to quantaably mitigate potential VMT impacts.
The Consultant shall identify ranges of effectiveness for the mitigation treasures 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 alke 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 Citys 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.
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 meetingthearing.
Task? Deliverable: Public Meeting Attendance
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/:V l:�y.lu �I► ► Ida
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2019, AND ENDING JUNE 30, 2020 (SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS REGIONAL VMT
MODEL)
WHEREAS, the City Manager, on or about June 18, 2019, submitted to the City Council
a proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2019-20; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held a public meeting on June 18, 2019, considered and evaluated all comments, and adopted a
budget for the fiscal year commencing July 1, 2019 and ending June 30, 2020; and
WHEREAS, the idea of a sub -regional traffic model to address the new Vehicle Miles
Traveled (VMT) requirements through the San Gabriel Valley Council of Governments occurred
after the Fiscal Year 19/20 budget was adopted; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The budget amendment for Fiscal Year 2019-20 reflected in Exhibit No. A
attached hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the
same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 7th day of April 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2020-23 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 7th day of April, 2020,
by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk