HomeMy WebLinkAbout2007/09/18 Item 1
CITY COUNCIL
AGENDA STATEMENT
~~CI1YOF
<<,~ CHULA VISTA
9/18/07, Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION AMENDING SECTION 9 OF COUNCIL
POLICY 478-01 REGARDING THE TRAFFIC SIGNAL
PARTICIPATION FEE TO INCLUDE THE INSTALLATION OF
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT
PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN
THE TRAFFIC SIGNAL FUND AS REQUIRED BY RECENT
MODIFICATIONS TO FEDERAL LAW
ENGINEERING AND~RAL SERVICES DIRECTOR>-- i
CITY MANAGER ~
ASSISTANT CITY AGER~-r
ITEM TITLE:
4/5THS VOTE: YES D NO 0
BACKGROUND
Resolution 13857, adopted by City Council, set a policy regulating the collection of a traffic
signal impact fee from developers to offset the impact of their projects on the City's traffic signal
system. As a result of recent modifications to the Americans with Disabilities Act (ADA), the
City is now required to construct additional pedestrian facilities in conjunction with certain
traffic signal modification projects. Approval of this action will allow the City to use Traffic
Signal Participation Fee Program Funds in order to comply with related ADA requirements in
accordance with recent modifications to the federal law .
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because the action
pertains only to the future use of funds and does not include approval of any specific project that
would result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3)
of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental
reVIew IS necessary.
RECOMMENDATION
The Council approve the Resolution amending Council Policy 478-01 regarding the traffic signal
participation fee scope of services to include the installation of ADA compliant pedestrian ramps
as required by recent modifications to the federal law.
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9/18/07, ItemL
Pag~ 2 of3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
It has been the general policy of the City Council that the public at large should not subsidize
activities of private developments through general tax revenues. In accordance with this policy,
the City has established user fees to best ensure that those who primarily utilize a specific service
or create the need for an enhanced service participate in paying for that service. One of the fees
established as a result of implementation of this policy has been the "Traffic Signal Participation
Fee."
The "Traffic Signal Participation Fee" became effective in 1978 when it was adopted by the City
Council by Resolution No. 13857. As adopted, the policy regulates the participation by private
developers of residential, commercial and industrial uses in the financing and/or installation of
traffic signals on public streets within the City of Chula Vista. This was done to ensure there
was an equitable and proportionate contribution to be borne by all traffic-generating private
developments to satisfy the projected traffic signal needs of the city. Utilizing the funds
collected under this policy, the City's Traffic Engineering Section has been able to manage the
installation of new, and upgrade existing, traffic signals in order to maintain acceptable levels of
service citywide, providing a safe, effective transportation network across the city.
Recent modifications to federal guidelines regarding pedestrian accessibility within public rights-
of-way have modified the "triggers" describing when existing American Disabilities Act (ADA)
features need to be updated in compliance with the Act. Recent case law regarding the changes
in the ADA has made it necessary to upgrade existing pedestrian ramps to meet current ADA
guidelines if improvements in the immediate vicinity require any significant excavation.
Consequently, traffic signal upgrades requiring the installation of new traffic signal standards,
signal controller cabinets, new wire conduits, or signal power sources will now also require that
the pedestrian ramps in the area meet current ADA pedestrian ramps. The current Council
Policy does not specifically allow for use of the "Traffic Signal Participation Fee" for ADA
improvements triggered by traffic signal work.
Update ofPolicv No. 478-01
The approval ofthe proposed revision to City Council Policy No.4 78-01, titled "Participation by
Private Developers in the Financing and/or Installation of Traffic Signals" would include
pedestrian ramps in the list of improvements that can be funded by the Traffic Signal Fee. The
proposed changes to Council Policy 478-01 are shown below with the modifications shown in
strikeout/underline format. The entire policy is attached as Attachment 1 of this report.
1) Amend Item 9 of the STATEMENT OF POLICY on page 2 of3:
The entire City including subsequent annexations shall be the same Benefit Area for
Traffic Signals. All traffic signal charges shall be placed in the Traffic Signal Fund.
Use of funds from such account shall be limited to design, construction, inspection,
and modification of traffic signals within the Benefit Area for Traffic Signals. Traffic
signal construction may include traffic signal controller standards, signal heads,
wiring, conduit, power supply, detectors, pedestrian push buttons, ADA compliant
pedestrian ramps, uninterruptible power supply systems, and indicators, painting of
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9/18/07, Iteml
Page 3 of3
street striping, interconnection with signals under master controller, signal related
street widening and signal related raised median island construction.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
There is no impact to the General Fund as a result of this proposed modification. However, there
will be an impact to the Traffic Signal Participation Fee Fund as the cost for installing traffic
signals must now also include costs for modifications to existing pedestrian ramps. When
originally calculated and adopted, the Traffic Signal Participation Fee did not include
construction of pedestrian ramps. The Engineering Department is currently working to update
the Traffic Signal Fee to account for the increased cost in upgrading traffic signals as a result of
the recent ADA guidelines as described in this report.
ATTACHMENTS
I. Council Policy No.4 78-01, "Participation by Private Developers in the Financing and/or
Installation of Traffic Signals"
Prepared by: Jim Newton, Sr. Civil Engineer, Engineering Department
J:IEngineerIAGENDAICAS2007109-18-07ITraffic Signal Fee Fund CAS.doc
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Arr~"ME#T .L.
SUBJECT:
PARTICIPATION BY PRIVAlE
DEVELOPERS IN THE FINANCING
AND/OR INSTALLATION OF
TRAFFIC SIGNALS
COUNCIL POLICY
CITY OF CHUIA VISTA
POLICY
NUMBER
478-01
EFFECTIVE
DATE
11-13-01
PAGE
10F3
ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01
AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01)
PURPOSE
To establish a policy for participation by private developers for the financing and/or installation of traffic
signals on public streets within the City of Chula Vista.
BACKGROUND
New developments, whether residential, commercial, or industrial, generate additional traffic which results
in increased congestion or safety hazards at various street intersections throughout the City. The installation
of traffic signals is sometimes uecessary in order to accommodate the safe and efficient flow of vehicular
traffic.
The City has in the past required developers to participate in the cost of signalization which directly
impacted a major individual development. Lesser developments, however, were not required to participate.
The system was inherently inequitable.
This policy provides for proportionate contribution by all private developments generating significant traffic
toward the projected traffic signal needs of the City. It is the intent of the City Council in establishing this
policy that all development, redevelopment, remodeling or other activity which will result in a long-term
INCREASE in the number of vehicle trips upon the City's system of streets shall be subject to the traffic
signal charge. That charge shall be based on upon the net INCREASE in number of trips generated by any
specific site, and shall NOT include trips generated at such site under previous or current usage.
STATEMENT OF POUCY
1. All uew private residential, commercial or industrial development as described below shall, as a
condition of building permit issuance (or approval of a rezoning action relative to creation of new
mobile home spaces), pay a traffic signal charge for additional trips generated as authorized by
ordinance of the City Council, and in such amonnt per additional trip as stipulated by City Council
resolution from time to time. The base charge is initially set at $23.00 per average weekday daily
trip. Trips generated by current property usage or verifiable prior usage shall be excluded in
determining the total charge, which shall be based on additional trips generated at the site under the
new use. For the purposes of this policy, verifiable prior usage shall be the last known usage of the
property within five (5) years of the date of application for development approval if said property is
currently vacant. In the event that the property has been vacant for more than five (5) years, no
exclusions will be me made regardless of property usage more than five (5) years in the past.
2. Remodeling (enlarging, altering, repairing or improving and/or replacement) of existing residential
development is exempt from the traffic signal charge except where and to the extent additional
residential dwelling units are created.
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SUBJECT:
PARTIC~ATIONBYPIDVATE
DEVELOPERS IN THE FINANCING
AND/OR INSTALlATION OF
TRAFFIC SIGNALS
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
478-01
EFFECTIVE
DATE
11-13-01
PAGE
20F3
ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01
AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01)
3. Structural, occupancy, or use modifications to existing co=ercial or industrial developments which
are projected to increase the average daily traffic generated relative to the total development site by
2% or more shall be subject to payment of the traffic signal charge to the extent of the projected
increase in traffic. Traffic volume determinations/projections for current and future traffic at the site
shall be made by the City Engineer who shall be required as a condition of approval to any action
formally permitting a structural, or occupancy, or use modification to an existing commercial or
industrial/development.
4. Notwithstanding any other provisions of this policy, no private development shall pay the traffic
signal charge more than once for a given level of traffic generation. Where ADDITIONAL trips are
generated relative to a previously developed property, the traffic signal charge will be applied only to
the ADDITIONAL units and/or trips generated.
5. Any private development which has been required to install a traffic signal shall get credit for the cost
of that installation in computing traffic signal charges for subsequent development within the
houndaries of that private development.
6. The traffic signal charge shall be based on the vehicular trip generation rate for the applicable land use
category as shown per the latest "Brief Guide of Vehicular Traffic Generation Rates for the San
Diego Region", which is published by San Diego Association of Goveruments (SANDAG). Traffic
generation rates for land uses not addressed by the SANDAG gnide shall be determined using the
latest lTE Trip Generation book or as approved by the City Engineer.
7. No additional charge will be required of residential developments for on-site recreational or service
facilities (cabanas, clubhouses, swimming pools, meeting rooms, etc.) unless such facilities are open
to the public. Any such public facilities shall pay a charge based on the total acreage of the facility
including parking areas and a vehicular trip rate of 200 per acre.
8. For all private developments, the traffic signal charge shall be computed by multiplying the new
additional vehicle trip generation times the established base charge (in dollars per one-way trip per
day).
9. The entire City, including subsequent annexations, shall be the same Benefit Area for Traffic Signals.
All traffic signal charges shall be placed in the Traffic Signal Fund. Use of funds from such account
shall be limited to design, construction inspection and modification of traffic signaIs within the
Benefit Area for Traffic Signals. Traffic signal construction may include; traffic signal controller,
standards, signal heads, wiring, conduit, power supply, detectors, pedestrian push buttons,
llnlnte:rnmtihle: nowt';r ~nnnlv ~vsJerns ;mo innic.atflTs n;:tintino of strp.f'J sttinino_ interr-.nnnection with
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SUBJEcr:
PARTIC~ATIONBYProvATE
DEVELOPERS IN THE FINANCING
AND/OR iNSTALLATION OF
TRAFFIC SIGNALS
COUNCIL POLICY
CITY OF CHUrA VISTA
POLICY
NUMBER
478-01
EFFECTIVE
DATE
11-13-01
PAGE
30F3
ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01
AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01)
signals under master controller, signal-related street widening and signal-related raised median island
construction.
10. The City may require that a developer whose project creates an immediate need for signalization (per
warrant system specified in C.V. Code Section 10.24.070) undertake to install such signalization
subject to future reimbursement from the Traffic Signal Fund. Reimbursement of a developer to the
extent that their construction cost (including design) exceeds his traffic signal charge shall have first
call on the Traffic Signal Fund. No interest shall accumulate on the amount to be reimbursed.
Reimbursemeut for any given installation shall commence only when and if funds are available in the
Traffic Signal Fund and when all prior date reimbursement commitments have been satisfied in full.
11. Any private development which installs a traffic signal that is not required by the City or does not
meet traffic signal warrants as specified in Chula Vista Code Section 10.24.070, may not be given any
credit for the costs of the signal against their required traffic signal fee. The City reserves the right to
grant credits if it concludes after performing an appropriate engineering analysis, the cost of such
analysis being borne by the developer, that the signal will provide significant benefit to the general
public. Such consideration by the City will only be provided if the signal is installed on a public
street, or streets, and any credit will be prorated based on the affected approaches to the intersection
owned by the City. Example, an intersection with a private street on one approach and two
approaches owned by the City will be potentially eligible for a credit not to exceed two-thirds of the
cost of the signals.
Tbe City will not provide reimbursements for any costs incurred by a developer for a signal not
required by the City nor meeting traffic signal warrants.
12. The City may advance funds to the Traffic Signal Fund or provide funds for traffic signal installation
which funds shall be subject to reimbursement in the same manner as provided herein for a developer.
13. The above change at $23.00 per average weekly daily trip be adjusted, starting on October 1, 2002,
and on each October 1st tbereafter, based on the one year change (from July to July) in the 20 City
Construction Cost Index as published monthly in the Engineering News Record. For reference
purposes, the July 2001, 20 City Construction Cost Index is 6404.03. Adjustments to the Traffic
Signal Participation Fee based upon the 20 City Construction Cost Index shall be automatic and shall
not require further action of the City Council.
H:\Council Policy Updares\478-DIFinal Traffic signal installation by private developers.doc
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 9 OF COUNCIL POLICY
478-01 REGARDING THE TRAFFIC SIGNAL PARTICIPATION
FEE TO INCLUDE THE INSTALLATION OF AMERICANS WITH
DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN RAMPS
IN THE LIST OF USES OF FUNDS IN THE TRAFFIC SIGNAL
FUND AS REQUIRED BY RECENT MODIFICATIONS TO
FEDERAL LAW.
WHEREAS, Council Policy 478-01, entitled Participation By Private Developers in the
Financing and/or Installation of Traffic Signals, was adopted by City Council, pursuant to
Resolution No. 13857, to set a policy regulating the collection of a traffic signal impact fee
from developers to offset the impact of their projects on the City's traffic signal system, and
WHEREAS, Section 9 of Council Policy 478-01 states that all traffic signal charges
shall be placed in the Traffic Signal Fund and lists the uses for the funds in the Traffic Signal
Fund; and
WHEREAS, recent modifications to the federal Americans with Disabilities Act (ADA)
require existing ADA features to be upgraded if improvements in the immediate vicinity
require any significant excavation; and
WHEREAS, these modifications to the ADA mean that certain traffic signal upgrades
will require that the pedestrian ramps in the area meet current ADA standards; and
WHEREAS, Section 9 of Council Policy 487-01 does not specifically allow use of the
funds in the Traffic Signal Fund for ADA pedestrian ramp improvements triggered by traffic
signal work; and
WHEREAS, staff proposes to add ADA compliant pedestrian ramps to the list of uses
of funds in the Traffic Signal Fund in Section 9 of Council Policy 487-01.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula
Vista that Section 9 of Council Policy 478-01 be amended to read as follows:
9. "The entire City, including subsequent annexations, shall be the same Benefit Area for
Traffic Signals. All traffic signal charges shall be placed in the Traffic Signal Fund.
Use of the funds from such account shall be limited to design, construction inspection
and modification of traffic signals within the Benefit Area for Traffic Signals. Traffic
signal construction may include: traffic signal controller, standards, signal heads,
wiring, conduit, power supply, detectors, pedestrian push buttons, Americans with
Disabilities Act (ADA) compliant pedestrian ramps, uninterruptible power supply
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systems and indicators, painting of street striping, interconnection with signals under
master controller, signal-related street widening and signal-related raised median island
construction. "
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and General Services
~/. 1/1
We"-.- {v'J~
Ann Moore
City Attorney
K:\ENGINEER\RESOS\Resos2007\09-18-07\Traffic Signal Fee Fund Reso revised by ec-revised.doc
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