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HomeMy WebLinkAboutAGENDA REPORT 2001 0919 CC REG ITEM 10DITEM of -19- aoo 1 ACT; :. °' Moorpark City Council ""'p lanai, -t- Agenda Report -to c4w.t ��� -�--� o�r�r�e�cafion • , � "�._ TO: The Honorable City Council J FROM: Kenneth C. Gilbert, Director of Public Works, DATE: September 13, 2001 (Council Meeting: 9- 19 -01) SUBJECT: Reciprocal Traffic Mitigation Agreement OVERVIEW The County has developed a Traffic Impact Mitigation Fee Program to provide a mechanism for the collection of fees to fund future County roadway improvement projects which would, to some degree, mitigate the impacts to County roads caused by urban development within the ten (10) cities. The County has also prepared a Reciprocal Agreement between the County and each city, which provides for the payment and /or collection of those fees. This presents for approval, the subject Agreement between the County of Ventura and the City of Moorpark. nT.gMTSSTnm A. Documents A copy of the draft Engineer's Report for the subject program has been distributed to the City Council. A copy of the drat Agreement is attached as Exhibit 1. The City Attorney has reviewed and approved, as to form, the subject Agreement. B. Background For some time now the County of Ventura has been working on the development of the subject Program. In an effort to seek approval and implementation of this program by all Ventura County cities, County staff hosted a number of meetings with appropriate staff from each city to discuss and, hopefully, develop a consensus regarding the scope, methodology and resultant fees generated by the proposed program. Those meetings were held over a number of months starting in early Traff fee county - 010905 �;; County Traffic Mitigation Fee August 24, 2001 Page 2 2000. The scope, methodology and resultant fees went through a number of changes as the result of the input the County received at those meetings. The final document represents a general consensus of those who participated in the process. C. Program Description A general description of the program is as follows: 1. Purpose: Urban growth in each of the cities increases traffic on County roads. The purpose of the subject program is to provide to each city in the County, an easy - to- manage method and system for addressing or mitigating these impacts in a fair and comprehensive manner. Absent such a program, the County would have to continue the current practice of requesting payment of Traffic Impact Fees for developments throughout the County on a case -by- case basis. That process requires the County to request traffic impact assessments as a part of the review and comment on the draft Environmental Document for each project, on a case -by -case basis. This practice not only requires an inordinate amount of staff time on the part of both the County and each city, it fails to provide any sense of fairness or equity between each project and /or between each city. The proposed program attempts to provide • method of allowing each city to mitigate such impacts in • uniform, fair and equitable manner. 2. Congestion Management Program: A number of years ago, as required by law, each of the cities and the County participated in the development of, and ultimately adopted, a countywide Congestion Management Program (CMP). That program provides for the development of Multi - Jurisdictional Deficiency Plans when a given agency determines that traffic congestion in their jurisdiction has been worsened by the traffic generated by a land development project in a neighboring jurisdiction. That process is cumbersome, expensive and prone to litigation. The subject program attempts to avoid that burdensome process by establishing a simple fee. 3. Districts: The program divides the urbanized portion of the County into Districts. The fees generated by the program are based upon the number of NEW TRIPS (hereinafter "Trips ") generated by land development within each of those Districts. A map showing the Districts is attached as Exhibit 2. Moorpark is District #4. Traff fee_ county_ 010905 <+ 4,�f;• '� County Traffic Mitigation Fee August 24, 2001 Page 3 4. Per Trip Fee: Under the program each project (except for those specifically exempt due to limited size or impact) would be required to pay a Trip fee based upon the number of Trips generated by that project. 5. Reciprocity: Under the program, if a development project is within a city, the fee is collected by the city and paid to the County. If that project is outside the city but within that city's District, the fee is collected by the County and paid to the city. 6. Fee Calculation: a) Traffic Model: A traffic model developed by the County predicts the number of new trips [ "Trips "] which will be generated by new development through the year 2020. The program is able to identify the number of Trips to be added to each District. b) List of County Projects : The County has developed a list of road segments and intersection improvement projects (with cost estimates) to be funded, in part, by the fees generated by this program. c) Cost Spread: The cost of each project on the list has been spread to each of the Districts based upon the number of Trips generated within each District. Project costs are thus spread on the basis of relative benefit. d) Fee Amount for Each District: The per Trip fee for each District is determined by dividing the total of the proportionate share of the project cost for that District, by the number of Trips generated within that District. e) Draft Fee Amounts: A chart showing the current draft fee amount for each District is attached as Exhibit 3. The per trip fee for the Moorpark District is $155.45 / SF Residential unit. f) Different, But Fair: Although the per Trip fee is different for each District, the differing fees are deemed to be fair and equitable because they are based upon the relative benefit [cost per trip] received by each District. 7. Applicability: The new fee would not apply to any project for which a Tentative Map had been approved, a Development or Settlement Agreement had been approved or a Planned Development Permit or Conditional Use Permit has been approved prior to the effective date of the Agreement. Traff fee_county_010905 , -; - Y "" :X- County Traffic Mitigation Fee August 24, 2001 Page 4 D. Oversiqht Committee The County will prioritize the projects set forth in the Engineer's Report and presumably schedule the expenditure of the fees generated by these fees based upon that priority list. A committee, to be made up of all of the cities participating in the countywide reciprocal program, will be established to review and provide input to the process used to generate that priority list. E. Change to Wording of the Agreement Sections I -E and II -E of the Agreement state that each party would not challenge a project which had been approved by the other. Pursuant to this language, either party could object to a project during the review process, but would not subsequently challenge in court the approval of that project. This language may be deleted from the final draft agreement between the County and the City of Moorpark. If such action is taken, each party would preserve its right to challenge any land use entitlement decision made by the other party. RECOMMENDATION Approve the subject Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said document. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Agreement Map of Districts Fee Amounts Traff fee_county_010905 p DRAFT - City of Moor 1 THIS AGREEMENT ( "Agreement ") is made and entered info by f�xN,Vt i i 6/01/2001 the City of Moorpark, a municipal corporation ( "City "), and a Co ntura, a political subdivision of the State of California ( "County "). and Co ime to t' referred to herein individually as "Party" and colle a e "Parties' A. City and unincorporated portions of B. Traffic District #4 is ide d in dictional borders. Engineering Report, dated MF pr red b County of Ventura, Transportation Der)artmedkovies of eon fl into s of unincorporated areas of County. Tra of City and the Board of Supervisors of County jointly find as established #4, lic Works Agency and the Public Works he boundaries of this District extend beyond the ffic District attached hereto and incorporated herein by this reference. 1. Future development or intensification of existing development (hereafter collectively "Development ") of property within City or unincorporated areas 1 of County will result in an increase in traffic volumes that will cause the level of service ( "LOS ") of certain intersections or road segments in the unincorporated areas of County to fall below the minimum acceptable LOS specified in the respective General Plans of City and County, unless those intersections and road segments are improved so as to accommodate such increase in traffic volumes; and 2. Such increase in traffic volumes will also cause additional air pollution, noise, and restrictions on access for emergency vehicles within City and unincorporated areas of County, unless such improvements to the intersections and road segments are made; and 3. In the absence of an agreement to establish a method of reciprocal traffic impact mitigation to be used in connection with future development within City and County, existing and future sources of revenue will be inadequate to fund such improvements to the intersections and road segments. D. The Parties bear responsibility under the Congestion Management Law (Gov. Code §65088, et seq.), and under the Ventura County Congestion Management Plan ( "CMP ") approved by the Ventura County Transportation Commission pursuant to that law, to analyze and mitigate the regional traffic impacts of their respective land use decisions. This Agreement fulfills, in part, that CMP mandate. 2 E. This Agreement also promotes the goals of the Regional Transportation Plan adopted by the Southern California Association of Governments (SCAG Resolution #98- 385 -3). F. Each party has a legal responsibility pursuant to the California Environmental Quality Act (Pub. Res. Code §21000, et seq.) and the State CEQA Guidelines (Cal. Code of Regs., title 4, §15000, et seq.) to analyze the regional environmental impacts of development approved by each Party, and to identify and implement feasible mitigation measures. This Agreement addresses that responsibility with respect to impacts attributable to additional traffic volumes on both County and City roads resulting from development approved by either Party. G. The Parties hereto wish to cooperate with each other in order to more effectively respond to the legal obligations described above. NOW, THEREFORE, the Parties agree as follows: Section I. Payment of Traffic Fee by City to County A. For all development approved by City, a fee shall be imposed to reimburse County for the project's pro -rata share of the cost of improvements to intersections and road segments in the unincorporated area needed to accommodate additional traffic generated by the development. 3 B. The amount of the Fee to be transferred to County with respect to any given development project (as described in paragraph A above) shall be computed in accordance with the following formula: Fee = X *Y *Z where: X = $12.95 which is the cost per additional average daily trip of improvements to intersections and road segments in the unincorporated area generated by development projects. The list of intersections and road segment improvements and the fee calculations for Traffic District #4 (District), are identified in the report Zq7M 4MMT@ . & .. is ;_ -.. .. -. prepared by the County of Ventura, Transportation Department. Y = An inflation adjustment factor, based upon the Engineering News Record Construction Cost Index for the Los Angeles area, to account for inflation from the date of this agreement to the date the fee is computed. The County shall recalculate in January of each year and send a copy of all calculations to the City by the first day of February each year. City will apply and use the new factor no later than the first day of March of the same year, provided County has timely sent the calculations to the City. 4 _ 0 <; - °' � Z = The estimated number of average daily trips that the project will generate determined by either: 1) A traffic study approved by the City Public Works Director, or 2) The total average daily trips for projects as determined by the current version of Trip Generation as published by the Institute of Traffic Engineers or other such published data as routinely used by City to determine traffic generation volumes. C. The Fee shall be collected in accordance with one of the following alternatives: 1) City shall collect the Fee at the same time and in the same manner as City collects other traffic mitigation fees imposed on the project. City shall transfer the Fees to County within 30 business days after collection, or 2) The City may direct the applicant to pay said fees directly to the County. In such case, City shall establish and enforce administrative procedures where a building permit will not be issued for a project subject to this fee until an applicant has provided satisfactory evidence that the County Fee has been paid. D. County may use the Fees transferred to improve the intersections and road segments listed in the report entitled Traffic Impact Mitigation Fee Program: Engineering Report, dated , prepared by the County of Ventura, Transportation Department. County intends to make such improvements in such a 5 manner as to prevent the volume -to- capacity ratio of the intersections and road segments from exceeding 0.84, but nothing herein creates a binding obligation upon County to do so. County agrees to meet and confer with City at least annually on the prioritization of projects and expenditure of funds collected or transferred to the County under this agreement. E. Provided that City fulfills the obligations placed on City by this Agreement, County shall not challenge any development approved by City on the ground that the project's traffic impacts on County roads have not been adequately evaluated or mitigated. F. County shall comply with all requirements of all applicable laws, including, without limitation, Government Code §66000, et seq. with respect to the Fees that are transferred to County. G. County shall defend, indemnify, and hold City and its elected and appointed officers, agents and employees free and harmless from any claim, demand, loss, cost, expense, lien or judgment ( "Claim ") against City relating to the collection, attempted collection, accounting for, expenditure, or legality of Fees designated for County intersections and road segments. This indemnity shall also include, without limitation, any Claim arising out of County's failure or alleged failure to comply with any applicable law, including, but not limited to, Government Code §66000, et seq. relating to the use of or accounting for Fees transferred to County. 6 Section II. Payment of Traffic Fee by County to City A. For all development approved by County within the unincorporated portion of Traffic District #4 that is subject to the Ventura County Traffic Impact Mitigation Fee Ordinance (Ventura County Ordinance Code §8601 -0 et seq.), an additional traffic impact mitigation fee (the "Fee ") shall be imposed to reimburse City for the project's pro -rata share of the cost of improvements to City intersections and road segments needed to accommodate additional traffic generated by the project. B. The amount of the Fee to be imposed on a project and transferred to City shall be computed in accordance with the following formula: Fee = A *Y *C where: A = $ , which is the cost of improvements to City roads and intersections, required by each average daily trip generated by a project. Such figure is calculated pursuant to City Council Resolution dated (the value of "A" and resolution, if applicable, to be provided by the City) or as updated annually by the City of Moorpark. Y = An inflation adjustment factor, identified and defined previously in Section I (unless such adjustment is already included in A). 7 G:.: C = The estimated number of average daily trips the project will generate determined by either: 1) A traffic study approved by the County Public Works Director, or 2) The total average daily trips calculated according to the trip generation rate established in County Resolution dated August 30, 1994. Such trip generation rates are shown in Exhibit B, attached hereto and incorporated by reference. C. County shall collect the Fee at the same time and in the same manner as other traffic mitigation fees imposed on the project. County shall transfer the Fees to City within 30 business days after collection. D. City may use the Fees transferred to City to improve City intersections and road segments as identified in (to be provided by the City). City agrees to meet and confer with County at least annually on the prioritization of projects and expenditure of funds collected or transferred to the City under this agreement E. Provided that County fulfills the obligations placed on County by this Agreement, City shall not challenge any discretionary project approved by County on the ground that the project's traffic impacts on City intersectipns and road segments have not been adequately evaluated or mitigated. 8 F. City shall comply with all requirements of applicable laws, including, without limitation, Government Code §66000 et seq., with respect to the Fees that are transferred to City. G. City shall defend, indemnify, and hold County and its elected and appointed officers, agents and employees free and harmless from any claim, demand, loss, cost, expense, lien or judgment ( "Claim ") against County relating to the collection, attempted collection, accounting for, expenditure, or legality of Fees designated for City intersections and road segments. This indemnity shall also include, without limitation, any Claim arising out of City's failure or alleged failure to comply with any applicable law, including, but not limited to, Government Code §66000 et seq., relating to the use of or accounting for Fees transferred to City. NOTE. Where a City does not have an existing traffic impact fee ordinance, Section H will have to be modified to reflect either that this section will be applicable when the City adopts a traffic impact fee ordinance OR alternatively payment to the City will apply to projects exceeding a threshold value, or alternatively to discretionary projects subject to CEQA, or such other alternative as the City and County may determine is appropriate. Section III. State Routes The Parties agree that the responsibility for programming, budgeting, funding, and accomplishing work on state highways rests with the California Department of 9 Transportation. The Parties recognize that the incremental and cumulative impact of projects approved by the local jurisdictions may have an impact on state highways. City and County agree to cooperate with each other and other agencies or entities as appropriate and as required by State law in coordinating needed future improvements. Such cooperation will include arranging local fair share funding for such improvements as may be required by State law. Section IV. Changes and Predecessor Agreement This Agreement may be modified from time to time by mutual written agreement of both Parties. Section V. Notices Whenever notices are required to be given pursuant to the provisions of this Agreement, such notices shall be in writing and shall be served upon the Party to whom addressed by personal service as required in judicial proceedings, or by deposit of the same in the custody of the United States Postal Service or its lawful successor in interest, postage prepaid, addressed to the Parties as follows: CITY: Office of the City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 COUNTY: County of Ventura 800 South Victoria Avenue Ventura, CA 93009 -1600 Attn: Director of Public Works 10 Notices shall be deemed, for all purposes, to have been given on the date of personal service or three consecutive calendar days following the deposit of the same in the United States mail, postage prepaid. Section VI. Arbitration A. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agree upon. The claim or dispute being arbitrated shall be resolved in accordance with California law. B. The arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings in this State. Each party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. C. The Arbitrator shall be selected in the following manner: 1. The Party initiating the Arbitration ( "Initiating Party") shall prepare and submit to the other Party a list ( "List ") containing the names of not to exceed three 11 ``� 0 !f ` ='t� retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively. 2. The Party upon whom the List is served, within ten calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one name from the List. 3. Upon expiration of said ten -day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his or her name, unless that judge's name was stricken during the ten -day period by the non - initiating party. 4. If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List is willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not to exceed three different retired judges, and 12 the above - described procedure shall be followed until an Arbitrator is selected. By way of illustration, if the List served by the Initiating Party, upon the other Party, has the name of three retired judges, A, B, and C, numbered 1, 2 and 3, respectively, and number 1 is stricken, then B, number 2, shall be deemed for all purposes to be the selected Arbitrator. D. Each party hereto hereby agrees to pay one -half of the compensation to be paid to the Arbitrator, and, except as otherwise expressly provided herein, each party shall bear its own costs and expenses of arbitration, including, but not limited to, attorney's fees and related costs. Section VII. Severability This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be void and of no further effect. Section VIII. Exemptions The following are exempt from paying of Traffic Impact Fees under this Agreement: 1. Projects approved by City or County as Lead Agency in accordance with the California Environmental Quality Act of 1970 as amended prior to the date of this agreement. 2. Projects with a vested tentative map pursuant to Government Code §66498.1. 13 ... fiC 1i}2�? IN WITNESS THEREOF, the Parties hereto have authorized their respective agents to enter into this Agreement as follows: CITY OF MOORPARK By: Patrick Hunter, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney COUNTY OF VENTURA 0 Frank Schillo, Chair Board of Supervisors ATTEST: Clerk of the Board 14 ,. Zzz At Iri1PA cr I,ER ".. DIS'TR'ICT 4 (MoORPARh) vEArTUR,q COUN DRAINING NU TRANS DEPT. Date R'ePared D05-31-01 ExxrBrT A TRAFFIC GENERATION FACTOR TABLE (Derived from County Resolution dated August 30, 1994 pursuant to Countv Ordinance Code X8601 -0, et seq.) 1 Computed in consideration of average trip length, pass -by trips and diverted linked trips, if applicable. Measurement Unit Notes: 1. DU = Dwelling Unit 2. TSF = Thousand square feet of gross building area, or portion thereof. 3. VFS = Vehicle fueling station 4. Person = student pupil, client, or patient served. a:\timf2 \1- ojai:sa \06 -01-01 EXHIBIT B Measurement Estimated Land Use Category Sub - category Unit ADT per unit' Residential Single Family DU 12.0 Senior Housing DU 3.6 Other Housing DU 8.4 Commercial/ General Industrial Commercial /Retail TSF 16.0 General Industrial TSF 3.2 General Office TSF 12.8 Gas Station VFS 30.0 Auto Car Wash Site 80.0 Car Wash - Self Service Stall 40.0 Hotel Room 9.0 Quality Restaurant TSF 62.0 High turnover/ Sit -down Restaurant TSF 130.0 Fast Food Restaurant TSF 182.0 Hospitals/ Care Hospitals General TSF 150 Facilities Convel. Care Bed 2.0 Day Care Person 1.5 Other Uses Determined by traffic study or analysis prepared to satisfaction of County Public Works Director. Exempt Uses See County Resolution dated August 30, 1994 or successor resolution. 1 Computed in consideration of average trip length, pass -by trips and diverted linked trips, if applicable. Measurement Unit Notes: 1. DU = Dwelling Unit 2. TSF = Thousand square feet of gross building area, or portion thereof. 3. VFS = Vehicle fueling station 4. Person = student pupil, client, or patient served. a:\timf2 \1- ojai:sa \06 -01-01 EXHIBIT B EXHIBIT 2.5 -C Existing Cit. Fee or Development Cost Thousand Square Foot, Thousand Square Foot, Single Family General Commercial General Industrial District Residence Unit Development Development 1. Ojai $0.00 $0.00 $0.00 2. Santa Paula $0.00 $0.00 $0.00 3. Filrnore $766.00 $2,240.00 $1.650.00 4. Moorpark $3.000.00 ��� $�'� 5. Sari Va $256.00 $515.00 $132.00 6. Thousand Oaks $2,820.00 $2,520.00 $1,134.00 7. Caman1b $4,451.00 $3,934.00 $1 011.00 8.Oxarard $1,912.90 � 394 -� $1,212.08 9. Port Hueneme 50,00 $0.00 $0.00 10. Venkwa $5,245.00 $4130.00 $2,210.00 11. North Urmrc. $0.00 $0.00 $0.00 12. Central Uninc. $0.00 $0.001 $0 00 13. Coastal Urrnc. $0.00 $0.001 $0.00 14. Piru Uninc. $0.00 $0.001 $0.00 Pro osed County Fee Thousand Square Foot, Thousand Square Foot, Single Family General Commercial General Industrial District Residence Unit Development Development 1.O'ai $88.99 $118.65 $23.73 2. Santa Paula $442.88 $590.51 $118.10 3. Filmore $100.95 $134.60 $26.92 4. Moapark $155.45 $207.26 $41.45 5. Simi Valey $39.38 $52.51 $10.50 6. Thousand Oaks $54.98 $73.31 $14.66 7. Camarilo $507.72 $676.96 $135.39 B. �ro $521.11 �.� $138.96 9. Port Hueneme $584.30 $779.07 $155.81 10. Venhxa $414.63 $552.84 $110.57 11. North Urwnc. $547.34 $729.78 $145.96 12. Central Unim. $972.13 $1,296.18 $259.24 13. Coastal Urrirrc. $72.57 $96.76 $19.35 14. Piru Uninc. $156.61 $208.81 $41.76 Total Estimated Reciprocal Fee Thousand Square Foot, Thousand Square Foot, Single Family General Commercial General Industrial District Residence Unit Development Development 1. Ojai 2. Santa Paula $88.99 $442.88 $118.65 $2313 3. FAmore $866.95 $590.51 $2 374.60 $118.10 4. Moorpark $3,155.45 $707.26 $1,676.92 $541.45 5. Simi Va $295.38 $567.51 $593.31 $142.50 6. Thousand Oaks $2,874.98 $ $1,148.66 7_ Camarillo $4 958.72 $4,610.96 $1,146.39 8. Oxnard 9. Port Hueneme $2 434.01 $584.30 $6,089.20 $1 351.04 10. Ventura $5,659.63 $779.07 $4,682.84 $155.81 11. North Uninc. $547.34 $729.78 $2,320.57 $145.96 12. Central MOM $972.13 $1 -1 $259.24 13. Coastal Uninc. $72.57 $96.76 $19.35 14. Piru Uninc. $156.61 $208.81 $41.76 EXHIBIT 2.5 -C LEGEND rxorossa Hamm msrnmra m x s N V VENTURA COUNTY TRAFFIC MODEL PROPOSED TRAFFIC DISTRICTS Y