CC Resolution No. 19-116 Amending the FY 2019-20 General Fund Budget in the Amount of $173,400 for Consultant Services for the Update on Implementation of SB 743 (100-88-844 700-702) RESOLUTION NO. 19-116
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING THE
FY 2019-20 GENERAL FUND BUDGET IN THE AMOUNT OF $173,400 FOR
CONSULTANT SERVICES FOR THE UPDATE ON IMPLEMENTATION OF
SB 743 (100-88-844 700-702).
WHEREAS, on September 27, 2013,former Governor Jerry Brown signed SB 743
into law, starting a process to change transportation impact analysis as part of California
Environmental Quality Act(CEQA) compliance, eliminating auto delay, as described by
Level of Service(LOS) or similar measures of vehicular capacity and traffic congestion as
a basis for determining significant transportation impacts under CEQA;and {
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WHEREAS, Public Resources Code section 21009 directed the Governor's Office
of Planning and Research to update the CEQA Guidelines to include new performance
criteria for determining the significance of transportation impacts;and
WHEREAS,the Governor's Office of Planning and Research selected Vehicle Miles
Traveled(VMT)as the new transportation impact metric to be used in CEQA to encourage
infill development and reduce greenhouse gas emissions; and
WHEREAS, the Governor's Office of Planning and Research prepared updates to
the CEQA Guidelines, which were certified by the Natural Resources Agency in
December 2018; j
WHEREAS,SB 743 does not prevent lead agencies from using LOS as part of other
planning processes (such General Plan consistency, land use permits), fee programs, or
on-going network monitoring; however. LOS can no longer constitute the basis for
determining whether there are significant transportation impacts due to land use projects j
for purposes of CEQA; and
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WHEREAS a budget adjustment of $173,400 in the FY 2019-20 General Fund
Budget will enable staff to execute a contract with Fehr &Peers immediately to provide
consultant services and expertise in the transition from LOS to VMT.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
authorize a budget adjustment of the FY2019-20 General Fund budget, appropriating
$173,400 to account 100-88-844 700-702 for consultant services for the transition from LOS
to VMT as required by SB 743,which takes effect on July 1, 2020.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related State CEQA
Resolution No. 19-116
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Guidelines (collectively, "CEQA") because it has no potential for resulting in physical
change in the envirorunent.In the event that this Resolution is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to actions
which have the potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, authorizing a budget adjustment for consultant services to advise the City
on transitioning from the use of LOS to VMT as the measures of transportation impacts in
CEQA environmental review documents would have no or only a de minimis effect on
the environment because the transition is required by CEQA in order to reduce the
significant environmental effects of land use projects including impacts due to greenhouse
gas emissions. The foregoing determination is made by the City Council in its
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independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 15t day of October, 2019,by the following vote:
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Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey I
NOES: None
ABSENT: None
ABSTAIN: None
SIG
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Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date