06 Staff Report
PREPARED BY: YING SMITH
Transportation and Mobility Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/19/2019
ITEM NO: 6
DATE: November 14, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Agreement for Consultant Services to Provide Senate Bill 743 Implementation
Technical Assistance:
a. Authorize the Town Manager to Negotiate and Execute an Agreement for
Consultant Services with Fehr & Peers in an Amount Not to Exceed
$122,820
b. Authorize Revenue and Expenditure Budget Adjustment in the amount
$122,820 from the General Plan Update Deposit Account
RECOMMENDATION:
Agreement for consultant services to provide Senate Bill 743 implementation technical
assistance:
a. Authorize the Town Manager to negotiate and execute an Agreement for Consultant
Services with Fehr & Peers in an amount not to exceed $122,820.
b. Authorize Revenue and Expenditure Budget Adjustment in the amount $122,820 from the
General Plan Update Deposit Account.
BACKGROUND:
The California Environmental Quality Act (CEQA) was enacted in 1970, requiring identification
of any significant environmental impacts of state or local actions including approval of new
developments or infrastructure projects. The process of identifying these impacts is typically
referred to as the environmental review process. Historically, most cities and towns, including
Los Gatos, evaluate transportation impacts based on intersection Level of Service (LOS).
On September 27, 2013, Governor Jerry Brown signed Senate Bill 743 into law and started a
process intended to fundamentally change transportation impact analysis as part of the CEQA
compliance. These changes include elimination of auto delay, level of service (LOS), and other
similar measures of vehicular capacity or traffic congestion as a basis for determining significan t
impacts. The law directed the Governor’s Office of Planning and Research (OPR) to update the
PAGE 2 OF 3
SUBJECT: Agreement for Consultant Services to Provide Senate Bill 743 Implementation
Technical Assistance
DATE: November 14, 2019
BACKGROUND (continued):
CEQA Guidelines to include new criteria (e.g., metrics) for determining the significance of
transportation impacts. OPR identified vehicle miles traveled (VMT) as the most appropriate
transportation impact metric.
The Town of Los Gatos is the lead agency for environmental clearance under CEQA for projects
within the Town’s jurisdiction. As such, the Town is required to implement the new CEQA
guidelines immediately, but no later than July 1, 2020. Jurisdictions may retain a LOS standard
in their local transportation policies. This way, the LOS analysis could still be used as additional
information to aid in the decision-making process that would be outside of the CEQA review
process.
On October 8, 2019 the Town Council and Planning Commission held a Joint Study Session to
review background information on the updated CEQA Transportation Analysis Guidelines and
the requirements to transition to the new VMT metric in transportation impact analysis.
DISCUSSION:
There are several decisions that the Town will need to make regarding SB 743 implementation
and CEQA guidelines. The questions that need to be answered can be complex and technically
detailed, including establishing thresholds of significance for VMT impacts, defining feasible
mitigation measures to address VMT impacts, and developing a set of procedures for staff and
project applicants to follow when conducting VMT analysis. It is essential that the new
Transportation Analysis Guidelines provide a legally defensible process for conducting CEQA
analysis. In addition, these decisions are closely related to the General Plan update currently
underway. Staff is recommending retaining consultant services to advise and assist the Town
through the complex process of transitioning from LOS to VMT.
Fehr & Peers was selected from the Town’s engineering on call list to assist the Town in
preparing the CEQA Transportation Analysis Guidelines using VMT and any updat es to the
Town’s local transportation policies. Fehr & Peers is the transportation consultant on the
General Plan update team and has extensive experience assisting jurisdictions in the transition
to using VMT. Fehr & Peers, in coordination with Town staff, has developed a scope of work
and schedule that will facilitate future tasks leading to the Council decisions in 2020. The
Consultant Service Agreement includes several critical tasks to advise and assist the Town in
making decisions:
White Paper: Provides background on the legal framework and technical details. This white
paper will take into consideration the size, location and development environment of Los
Gatos.
PAGE 3 OF 3
SUBJECT: Agreement for Consultant Services to Provide Senate Bill 743 Implementation
Technical Assistance
DATE: November 14, 2019
DISCUSSION (continued):
Stakeholder Outreach, Education and Discussions: The consultant will prepare initial outreach
and education materials on SB 743 for various media including website, social media, and
printed materials.
Case Study Project Evaluations: The consultant will prepare case studies of three different land
use projects previously completed within the Town, to evaluate applicability of the VMT
thresholds, estimation methodologies, and proposed mitigation measures.
Local Transportation Analysis Policy: The consultant will develop proposed updates to the
Town’s local transportation analysis policies, including policies referenced in the 2020 General
Plan and the Traffic Impact Policy.
New Transportation Analysis Guidelines: The guidelines will include defining the VMT analysis
method, impact thresholds that are supported by quantitative evidence, and mitigation
programs for use in projects.
CONCLUSION:
Staff recommends the Town Council to authorize the Town Manager to execute the Agreement
for Consultant Services and approve the necessary budget adjustments.
COORDINATION:
This report was coordinated with the Community Development and Finance Departments.
FISCAL IMPACT:
Funding for this agreement comes from the General Plan Update Deposit Account. Projects
processed through the Community Development Department pay a fee that is set aside in a
deposit account to advance General Plan updates and related efforts. The new Transportation
Analysis Guidelines will be codified in the General Plan as well as Town polices, making the use
of these funds appropriate for this proposed use. The recommended budget action will reduce
revenue in the General Plan Update Deposit Account by $122,820 and appropriate the funds to
the Department of Parks and Public Works.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment
1. Consultant Agreement with Scope.