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HomeMy WebLinkAbout2008/04/22 Item 12 CITY COUNCIL AGENDA STATEMENT :$'Yf:.. CITY OF 'l::~ .~ CHULA VISTA 4/22/08, Item /:J.-' SUMMARY State and Federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years in order to continue receiving Federal and State funding. All projects that the City of Chula Vista proposes to fund with Transnet funds must be included in the RTIP, which currently covers Fiscal Years 2008/09 through 2012/13. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity, allocation of funds for various Transnet Projects, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once the scope of the individual projects to be funded have been defined, environmental review will be required and a CEQA determination completed. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 12-1 4/22/08, Item~ Page 2 of 6 DISCUSSION The voters of San Diego County approved the Transnet Program as Proposition A in November 1987. This proposition enacted a half-cent increase in the countywide sales tax through 2008 to fund specified transportation programs and projects. One third of the revenues generated by the tax are allocated by SANDAG to the local agencies for local streets and roads purposes. These funds have been distributed to cities annually and programmed by cities into local projects. In November 2004, 67 percent of County voters supported Proposition A, which extends Transnet from 2008 to 2048. It was estimated that the Transnet extension would generate approximately $14 billion per year to be distributed among highways, transit, and local road projects. An estimated $4.48 billion will be allocated to local programs, with $3.950 billion distributed to local agencies based on population and maintained miles of roadway. The details of the Transnet program are outlined in the Transnet Extension Ordinance, which was adopted by the San Diego County Regional Transportation Commission on May 28, 2008 (Attachment I). As stated in Section 2 CI of the Ordinance, at least 70 percent of the funds allocated to local agencies for local road projects should be used to fund construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes. No more than 30 percent of Transnet funds allocated to local agencies for local road proj ects are expected to be used for local street and road maintenance. However, local agencies may deviate from the 70-30 "rule" if they are able to provide sufficient justification to obtain concurrence from SANDAG. This requirement is a significant change from the way original Transnet funding could be used and requires more stringent implementation and monitoring strategies. The SANDAG Board has subsequently adopted guidelines implementing this policy (Attachment 2). The Maintenance and Non-Congestion Relief category (limited to 30 percent of funding) includes maintenance activities such as pothole repair, seals, traffic signal and lamp replacement, roadway signing and striping and overlays less than one-inch thick). The Congestion Relief category (at least 70 percent of funding) was elaborated to define Major Reconstruction and Rehabilitation as including pavement reconstruction as well as overlays one-inch thick or greater, grinding and overlay and roadway drainage improvements for the purpose of reducing significant roadway flooding. This category also includes various traffic operations improvements, such as traffic signal coordination and interconnection, traffic signal upgrades, video surveillance and data collection for performance monitoring purposes. Pedestrian improvements, such as new sidewalks, pedestrian ramps and pedestrian traffic signals, are included in the 70 percent category only if they are in Smart Growth areas. SANDAG has identified IS existing or potential Smart Growth areas within Chula Vista, including several areas within Otay Ranch, as well as the Bayfront, the H Street corridor, Palomar Gateway, Southwestern College and Third Avenue downtown. Agencies are required to provide specific descriptions, locations and limits for all proj ects within the Congestion Relief Category. With respect to pedestrian and bicycle facilities, SANDAG cites Section 4(E)(3) of the Transnet Ordinance, which states, "All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by 12-2 ,'\ 4/22/08, Item~ Page 3 of 6 law from using a given facility or where the cost of including bikeways and walkways would be excessively disproportionate to the need or probable use." Staff feels that this should not apply to rehabilitation projects or the provision of bicycle facilities on streets not included in the City's Bikeway Master Plan. SANDAG staff acknowledged this plan in January 2005 as complete, consistent with the 2030 Regional Transportation Plan and coordinated with adj acent jurisdictions. SANDAG Board Policy 31 is titled, "Transnet Ordinance and Expenditure Plan Rules". Rules 16 through 20 were adopted by the SANDAG Board after passage of the Transnet Extension. These include rules on repayment of commercial paper, Maintenance of Effort audits, the 70-30 percent funding issue and rules for selection of Independent Taxpayers Oversight Committee (ITOC) Members. Rule 20 (Attachment 3) was recently passed by the SANDAG Board of Directors and relates to accommodating bicyclists and pedestrians. This rule states that evaluating bicycle and pedestrian accommodation is required for all major reconstruction projects included under Congestion Relief under the 70-30 requirement. The decision not to provide for pedestrian and bicycle facilities in a construction or major reconstruction project must be made for good cause, such as severe topographic or biologic constraints. It further states that cities may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project. A table is included which discusses the level of pedestrian and bicycle accommodation required for various types of streets and transit facilities. However, new proj ects or major reconstruction projects may not need to include the expected bikeway facility when a suitable route with the appropriate accommodations exists within II.-mile. Agencies are also not required to acquire additional right-of-way to improve pedestrian and bicycle access. Sidewalks are not required to be provided for overlay projects where there are no curb, gutter and drainage facilities and may also be excluded where there are no uses (including bus stops) that would create a need for pedestrian access. Agencies are required to submit their proposed projects for inclusion in the 2008 RTIP by April 23,2008. All jurisdictions must submit signed resolutions with proof of holding a public hearing by June 30, 2008. The 2008 RTIP is tentatively scheduled for adoption by the SANDAG Board on July 25, 2008 with submittal to the State on August 1, 2008. The RTIP will cover five fiscal years between Fiscal Year 2008-09 through Fiscal Year 2012-13. Attachment 4 includes a list of all projects that are proposed for inclusion in the RTIP along with annual and total five-year funding recommendations. For Fiscal Year 2008-09, the City's program meets the Transnet 70-30 rule. The spreadsheet has been divided into Congestion Relief (70 percent) and Maintenance (30 percent) portions. The following are the major projects that are being proposed. These amounts will be reflected in the proposed Capital Improvement Program for Fiscal Year 2008-09. 1. Pavement Minor Rehabilitation: Based on the 70-30 split, the Pavement Rehabilitation Program is being split into two parts. This portion includes $600,000 available from the maintenance portion of Transnet, which is proposed to be supplemented with Proposition 42 revenues (estimated at $1.0 million). 12-3 ,~ 4/22/08, Item ~ Page 4 of 6 2. Pavement Maior Rehabilitation: This includes the portion of the Pavement Rehabilitation Program that includes overlays (one-inch and greater) and reconstruction. Compliance with the American with Disabilities Act (ADA) is required. The available amount for Fiscal Year 2008-09 is $1,410,000. The City is required to provide the locations of the street segments included in this program. Since the exact number of locations in this program will not be certain until the award of the contract, staff is proposing to provide SANDAG with a list of the maximum number oflocations that may be included. These streets have been selected in accordance with the priorities established in the City's Pavement Management System for overlays and reconstruction projects and are included as Attachment 5. 3. North Broadwav Reconstruction (STM354): Transnet funding ($2.0 million) was transferred out of this project and into the Pavement Management Program on May 1, 2008 by Resolution 2007-108. Staff anticipates receiving a Federal Transportation Appropriations (FTA) grant for $2,178,000 in Fiscal Year 2008-09. If these funds are received, an additional $895,995 is needed from Transnet in order to fully fund this proj ect. 4. Palomar Gatewav (STL280): This project involves construction of pedestrian and bicycle improvements in the vicinity of Palomar Street and Industrial Blvd. The City has received a $2.0 million SANDAG-administered Pilot Smart Growth Incentive Program. The total project cost is estimated at $3.075 million, and $200,000 will be requested from Transnet. 5. 1-5/ H Street Interchane:e Improvements (STM361): The City received $2.16 million in Federal grants (SAFETEA-LU) to investigate ways to relieve congestion at the 1-5/ H Street interchange. Staff has requested that the project description be changed to, "1-5 Multi-Modal Corridor Improvement Study". This project is to study 1-5 from SR-54 to south of Main Street. However, the funds cannot be shifted to the new project until Congress approves the change. Legislation is currently pending. A 20 % local match is required. This includes a Transnet allocation of $50,000 in Fiscal Year 2007-08 and $490,000 in Fiscal Year 2008-09. 6. Transportation Proe:rams: This relates to City staff costs associated with various major corridor transportation projects, including carpool ramps on 1-805 at East H Street and East Palomar Street, SR-54 improvements and arterial coordination, and the Otay Mesa transportation system. Some funds may also be used for initial work on the 1-5 Multi- Modal Corridor Study. A total of$110,000 is included for Fiscal Year 2008-09. Staff has evaluated all these projects for compliance with the bicycle and pedestrian regulations. The following streets are classified as collectors and higher with posted speed limits above 35 miles per hour and do not have existing bicycle facilities: A. North Broadway Reconstruction from C Street to D Street. Sidewalks are provided along this aligrunent. This location is also in compliance with the Bikeway Master Plan. Although bikeways are not provided along this portion of Broadway due to the heavy traffic, there is nearby alternative existing bike route along Fifth Avenue within Y..-mile. 12-4 4/22/08, Item \2- Page 5 of 6 B. Main Street from the West I-80S Interchange to Oleander Ave. This location will be posted as a Class 3 bike route before or in conjunction with the overlay contract in compliance with the Bikeway Master Plan. This location crosses the freeway and there is insufficient right-of-way for a Class 2 bike lane. The following streets on the Recommended Overlay list have missing sidewalks: C. North Side of East H Street from East of Hidden Vista Drive to Del Rey Blvd.: Staff feels that there is sufficient right-of-way to construct an ADA-compliant sidewalk from east of Hidden Vista Drive to Terra Nova Drive. However, there is insufficient right-of- way between Terra Nova Drive and Del Rey Blvd. The hilly undeveloped area directly to the north of East H Street is a Multiple Species Conservation Program (MSCP) area with San Diego Coastal Sage, which is a preferred habitat for the California gnatcatcher. Due to right-of-way, topographic and environmental issues, construction of sidewalk between Terra Nova Drive and Del Rey Blvd. is not recommended at this time. D. Wueste Road from Otay Lakes Road to Lake Coast Drive: This is a two-lane road through undeveloped land without existing curb, gutter and drainage facilities. Since there is no adjacent development, there is minimal pedestrian demand. Therefore, the City should not be required to construct sidewalks in this location per Rule 20 of SANDAG Board Policy 31. E. Broadway from Faivre Street to Beyer Blvd.: This is a two-lane road without existing curb, gutter and drainage facilities. The adj acent property is either vacant or industrial, so there is minimal pedestrian demand. Therefore, the City should not be required to construct sidewalks in this location per Rule 20 of SANDAG Board Policy 31. It is also recommended that this segment continue to be posted as a Class 3 bike route in accordance with the Bikeway Master Plan. It is anticipated that curb, gutter and sidewalk will be constructed with additional development in this area. The Transnet Extension Ordinance also requires that the City exact from the private sector a minimum of $2000 per new residential unit (EDU), effective July 1, 2008, with annual escalation based on the ENR (or similar) Construction Cost Index. These exactions are to pay for the proportional share of funding to improve the Regional Arterial System. Low to moderate income housing units are exempt. The City's Transportation Development Impact Fee has been in place for many years for the area of the City east of I-80S. On March 18, 2008 Council enacted the Western Chula Vista Transportation Development Impact Fee (WTDIF) at the rate of $3243 per EDU. The City is now in compliance with these requirements. The WTDIF will begin to be collected on May 19, 2008. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that a conflict exists, in that Councilmember McCann has property holdings within 500 feet of the boundaries of the 1- 805 interchanges and Bonita Road between Otay Lakes Road and the easterly City limits, which are some of the projects that are a subject of this action. Staff has reviewed the property holdings of the City Council and has found that a conflict exists, in that Councilmember Ramirez has property holdings within 500 feet of the boundaries of 12-5 4/22/08, Item 12. Page 6 of 6 Orange Avenue between Elden Avenue and Fourth Avenue, which is one of the projects that are a subj ect of this action. FISCAL IMPACT There will be no impact to the General Fund. ATTACHMENTS I. Transnet Extension Ordinance, pages 7 to 15 2. Transnet Ordinance and Expenditure Plan Implementation Guidelines 3. Rule 20 of SANDAG Board Policy No. 31 4. Transnet Allocation - FY2009 through FY2013 5. Recommended Overlays Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering Dept. M:IEngineerIAGENDAICAS2008\04-22-08IRTIP 2009-130 rev2 ec-no highlight-REV.doc #KY174 File 12-6 ATTACHMENT Excerpt from Transnet Extension Ordinance 10. SR 78 Corridor Sprinter/BRT service providing high-quality east-west transit service improvements by upgrading and extending the Sprinter rail line, providing BRT service along the Palomar Airport Road corridor, or a combination of the two - $197 million. 11. BRT service from San Diego State University to Downtown San Diego along the EI Cajon Boulevard/Park Boulevard corridor with arterial improvements with bus priority treatments, stations and vehicles - $89 million. 2. Operating SuPport for the BRT and Rail Transit Capital Improvements: Of the total funds available, an estimated $1,100 million will be used to operate and maintain the services described under Section 2(A)(1)(b). 3. Environmental Mitigation: An estimated $600 million, including $450 million for direct mitigation costs and $150 million for economic benefit, will be used to fund the habitat-related mitigation costs of the major highway and transit projects identified in the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). B. Congestion Relief Program - Transit System Service Improvements and Related Programs: An estimated $2,240 million will be used to provide ongoing support for the reduced-price monthly transit programs for seniors, persons with disabilities, and students and for the continuation and expansion of rail. express bus, local bus, community shuttles, and dial-a-ride services, including specialized services for seniors and persons with disabilities, and related capital improvements. C. Congestion Relief Program - Local System Improvements and Related Programs: An estimated total of $4,480 million will be allocated to local programs in the following three categories: 1. Local Street and Road Program: An estimated $3,950 million will be allocated on a fair and equitable basis, using the formula specified in Section 4(D)(1), to each city and the County of San Diego (hereinafter referred to as local agencies) to supplement other revenues available for local street and road improvements. In developing the biennial list of projects to be funded with these revenues as required under Section 5(A), local agencies shall give high priority in the use of these funds to improvements to regional arterials, grade separation projects, and related facilities contributing to congestion relief. At least 70% of the revenues provided for local street and road purposes should be used to fund direct expenditures for construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signal coordination and related traffic operations improvements, transportation-related community infrastructure improvements to support smart growth development, capital improvements needed to facilitate transit services and facilities, and operating support for local shuttle and circulator routes and other services. No more than 30% of these funds should be used for local street and road maintenance purposes. A local agency desiring to spend more than 30% of its annual revenues on local street and road maintenance-related projects shall provide justification to the Commission as part of its biennial project list submittal. The Commission shall review each local agency's biennial project list submittal and make a finding of consistency with the provisions of this 7 12-7 Ordinance and with .the Regional Transportation Plan prior to approving the local agency's project iist for funding. The Independent Taxpayer Oversight Committee shall also review the proposed project lists and make recommendations to the Commission. 2. Environmental Mitigation: An estimated $250 million, including $200 million for direct mitigation costs and $50 million for economic benefit. will be used to fund the habitat- related mitigation costs of local transportation projects consistent with the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). 3. Smart Growth Incentive Program: An estimated $280 million will be allocated to the Smart Growth Incentive Program to provide funding for a broad array of transportation-related infrastructure improvements that will assist local agencies in better integrating transportation and land use, such as enhancements to streets and public places, funding of infrastructure needed to support development in smart growth opportunity areas consistent with the Regional Comprehensive Plan, and community planning efforts related to smart growth and improved land use/transportation coordination. These funds shall be allocated on a regional competitive grant basis. It is intended that these funds be used to match federai, state, local, and private funding to maximize the number of improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. D. Transportation Project Environmental Mitigation: An estimated $850 million will be used to fund habitat-related environmental mitigation activities required in the implementation of the major highway, transit and regional arterial and local street and road improvements identified in the Regional Transportation Plan. Of this total. an estimated $250 million is related to mitigation requirements for locai transportation projects and an estimated $600 million is related to mitigation requirements for the major highway and transit projects identified in the Regional Transportation Plan. The intent is to establish a program to provide for large-scale acquisition and management of critical habitat areas and to create a reliable approach for funding required mitigation for future transportation improvements thereby reducing future costs and accelerating project delivery. This approach would be implemented by obtaining coverage for transportation projects through existing and proposed multiple species conservation pians. If this approach cannot be fully implemented, then these funds shall be used for environmental mitigation purposes on a project by project basis. Additional detail regarding this program is described in the documents titied "TransNet Extension Environmental Mitigation Program Principles" and "Environmental Enhancement Criteria Mitigating Highway 67, 76, and 94 Expansion Impacts", which are hereby incorporated by reference as if fully set forth herein. E. Bicycle, Pedestrian and Neighborhood Safety Program: A total of two percent of the total annual revenues available (an estimated $280 million) will be allocated to the Bicycle, Pedestrian and Neighborhood Safety Program to provide funding for bikeway facilities and connectivity improvements, pedestrian and walkable community projects, bicycle and pedestrian safety projects and programs, and traffic calming projects. These funds shall be allocated on a regional competitive grant basis. It is intended that these funds be used to match federal, state, local. and private funding to maximize the number of 8 12-8 improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. F. Administration and Independent Taxpayer Oversight Committee: Up to one percent of the total annual revenues available will be used for administrative expenses and up to $250,000 per year will be used for the operation of an Independent Taxpayer Oversight Committee. SECTION 3. IMPOSITION OF TRANSACTIONS AND USE TAX: In addition to any other taxes authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County of San Diego, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Division 12.7 of the Public Utilities Code commencing with Code Section 132000, an extension of the existing transactions and use tax at the rate of one-half of one percent (1/2%) commencing April 1 ,2008, for a period of forty years, ih addition to any existing or future authorized state or local transactions and use tax. If, during this time period, additional state or federal funds become available which would fund the projects and services contained in the Regional Transportation Plan, then the tax may be reduced by action of the Commission. SECTION 4. EXPENDITURE PLAN PURPOSES: The revenues received by the Commission from the existing measure as extended by this measure, after deduction of required Board of Equalization costs for performing the functions specified in Section 132304(b) of the Public Utilities Code, shall be used to improve transportation facilities and services countywide as set forth in the Expenditure Plan and in a manner consistent with the long-range Regional Transportation Plan and the short- range, multi-year Regional Transportation Improvement Program, and for the administration of the San Diego County Regional Transportation Commission Act (hereinafter referred to as the "Act") commencing with Public Utilities Code Section 132000. Commencing July 1, 2008, after the deduction of administrative expenses, Independent Taxpayer Oversight Committee expenses, and funding for the Bicycle, Pedestrian and Neighborhood Safety Program as described in Sections 2(E), 2(F), 11 and 12, the remaining annual revenues shall be allocated as follows: A. Forty-two and four-tenths percent for the major highway and transit Congestion Relief projects specified in Section 2(A)(1), including four and four-tenths percent for the habitat- related mitigation costs of the major highway and transit projects as described in Section 2(A)(3) to be used to fund a portion of the Environmental Mitigation Program described in Section 2(0). B. Eight and one-tenth percent for operation of the specific transit Congestion Relief projects as described in Section 2(A)(2). This funding is for the operation of new or expanded services only and is not available for the operation of services in existence prior to the effective date of this Ordinance. C. Sixteen and one-half percent for the transit programs described in Section 2(B). The revenues made available annually for transit purposes shall be allocated and expended pursuant to the following distribution formula and priorities: 1. Two and one-half percent of the funds made available under Section 4(C) shall be used to support improved transportation services for seniors and disabled persons. These funds shall be used to support specialized paratransit services required by the federal Americans with Disabilities Act (ADA). 9 12-9 2. Three and one-fourth percent of the funds made available under Section 4(C) shall be used to support a competitive grant program for nonprofit organizations and local agencies. The funds shall be used to provide specialized transportation services for seniors focusing on innovative and cost-effective approaches to providing improved senior transportation, including, but not limited to, shared group services, speciai shuttle services using volunteer forces, and brokerage of multijurisdictional transportation services. 3. From the remaining revenues, there shall be expended such sums as necessary to guarantee in the North San Diego County Transit Development Board and Metropoiitan Transit Development Board areas of jurisdiction for the duration of the measure (1) a monthly regional transit pass for senior (60 years or older) and disabled riders priced at not more than 25 percent of the cost of the regular regional monthly transit pass, and (2) a monthly regional youth transit pass for students (18 years or under) priced at not more than 50 percent of the cost of the regular regional monthly transit pass. 4. Remaining revenues shall be allocated for transit service improvements, including operations and supporting capital improvements. The revenues shall be allocated through the annuai transit operator budget process and the improvements to be funded shall be consistent with the Short Range Transit Plan. . 5. To maintain eiigibility for the receipt of funds under Section 4(C), a transit operator must iimit the increase in its total operating cost per revenue vehicle hour for bus services or the increase in its total operating cost per revenue vehicle mile for rail services from one fiscal year to the next to no more than the increase in the Consumer Price Index for San Diego County over the same period. If the requirement is not achieved, the operator may not receive any additional funding under Section 4(C) in the following year above the amount received in the previous fiscal year adjusted for any increase in the Consumer Price Index for San Diego County. If there were unusual circumstances in a given fiscal year, the operator may request the approval of the Commission to calculate the requirement as an average over the previous three fiscal years. The operator may also request the approval of the Commission to exclude from the calculation certain cost increases that were due to external events entireiy beyond the operator's control, including, but not limited to, increases in the costs for fuel, insurance premiums, or new state or federal mandates. D. Thirty-three percent for the Local Programs described in Section 2(C) in the following three categories: 1. Twenty-nine and one-tenth percent for the local street and road program described in Section 2(C)(1). The revenues available for the local street and road program shall be allocated and expended pursuant to the following distribution formula: a. Each local agency shall receive an annual base sum of $50,000. b. The remaining revenues after the base sum distribution shall be distributed to the each local agency on the following basis: 1. Two-thirds based on total population using the most recent Department of Finance population estimates. 10 12-10 2. One-third based on maintained street and road mileage. c. For the purposes of Section 4D(1)(a) and (b), any new incorporations or annexations which take place after July 1 of any fiscal year shall be incorporated into the formula beginning with the subsequent fiscal year. The San Diego Association of Governments population estimates of such new incorporations or annexations shall be used until such time as Department of Finance population estimates are available. 2. One and eight-tenths percent for the habitat-related mitigation costs of local transportation projects described in Section 2(C)(2) to be used to fund a portion of the Environmental Mitigation Program described in Section 2(D). 3. Two and one-tenth percent for the Smart Growth Incentive Program described in Section 2(C)(3). E. General Provisions: 1. In implementing the projects funded under Section 4(A), priority shall be given to projects included in the Expenditure Plan for Proposition A as passed by the voters in 1987 that remain uncompleted, such as the eastern ends of the SR 52 and SR 76 highway improvement projects and the Mid-Coast light rail transit project. The Commission shall ensure that sufficient funding or bonding capacity remain available to implement such projects as expeditiously as possible once the environmental clearance for these projects is obtained and needed state and federal matching funds are committed. 2. Once any state highway facility or usable portion thereof is constructed to at least minimum acceptable state standards, the state shall be responsible for the maintenance and operation thereof. 3. All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given faciiity or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use. Such facilities for pedestrian and bicycle use shall be designed to the best currently available standards and guidelines. 4. All state highway improvements to be funded with revenues as provided in this measure, including project development and overall project management, shall be a joint responsibility of Caltrans and the Commission. All major project approval actions including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Caltrans and the Commission and, where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. 11 12-11 SECTION 5. EXPENDITURE PLAN PROCEDURES: A. Each local agency shall biennially develop a five-year list of projects to be funded with revenues made available for local street and road improvements under Section 4(D). A local public hearing on the proposed list of projects shall be held by each local agency prior to submitting its project list to the Commission for approval pursuant to Section 6. B. All projects to be funded with revenues made available under Section 4 must be consistent with the Regional Transportation Plan (RTP). Project priorities or phasing shall also be consistent with the RTP. The Expenditure Plan shall be reviewed for consistency with RTP following each major update of the RTP as required by state or federal law. The Expenditure Plan shall be amended as necessary to maintain consistency with the Regional Transportation Plan. If funds become available in excess of the amount allocated in the Expenditure Plan, additional projects shall be added to the Expenditure Plan consistent with the priorities in the Regional Transportation Plan. Any amendments to the Expenditure Plan shall be made in accordance with the procedures for amending this ordinance as provided for in Section 16. C. In the allocation of all revenues made available under Section 4, the Commission shall make every effort to maximize state and federal transportation funding to the region. The Commission may amend the Expenditure Plan, in accordance with Section 16, as needed to maximize the transportation funding to the San Diego region. SECTION 6. PROJECT PROGRAMMING APPROVAL: The Commission shall biennially approve a five- year project list and a biennial program of projects to be funded during the succeeding two fiscal years with the revenues made available under Section 4 herein. The program of projects will be prepared as a part of the Regional Transportation Improvement Program (RTIP) process as required by state and federal law. A public hearing will be held prior to approval of the program of projects. The Commission may amend the program of projects as necessary in accordance with the RTIP amendment procedures. Projects shall not be funded with the revenues made available under Section 4 unless the projects are in the approved program of projects. SECTION 7. COOPERATIVE FUND AGREEMENTS: Except as provided for herein, the distribution of funds as set forth in Section 4 shall be met over the duration of the measure. To maximize the effective use of funds, revenues may be transferred or exchanged under the following circumstances: A. The Commission, or agencies receiving funds by annuai or multi-year agreement, may exchange or loan funds provided that the percentage of funds allocated for each purpose as provided in Section 4 is maintained over the duration of the measure and reviewed as part each 10-year comprehensive program review as described in Section 17. All proposed exchanges, including agreements between agencies to exchange or loan funds, must include detailed fund repayment provisions, including appropriate interest earnings such that the Commission suffers no loss of funds as a result of the exchange or loan. All exchanges must be approved by the Commission and shall be consistent with any and all rules approved by the Commission relating thereto. B. The Commission may exchange revenues for federal. state, or other local funds allocated or granted to any public agency within or outside the area of jurisdiction of the Commission to maximize effectiveness in the use of revenues. Such federal, state, or local funds shall be distributed in the same manner as the revenues from the measure. 12 12-12 SECTION 8. MAINTENANCE OF EFFORT: It is the intent of the Legislature, as stated in the Act, and the Commission that revenues provided from this measure be used to augment. not supplant existing local revenues being used for the purposes set forth In Section 4 herein. Each local agency receiving revenues pursuant to Section 4(D) shall annually maintain as a minimum the same level of local discretionary funds expended for street and road purposes on average over the last three fiscal years completed prior to the operative date of this Ordinance (Fiscal Years 2000-01, 2001-02, 2002-03), as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads and as verified by an independent auditor. The maintenance of effort level as determined through this process shall be subject to adjustment every three years based on the Construction Cost Index developed by Caltrans. Any increase in the maintenance of effort level based on this adjustment shall not exceed the growth rate in the local jurisdiction's General Fund revenues over the same time period. The Commission shall not allocate any revenues pursuant to Section 4(0) to any eligible local agency in any fiscal year until that local agency has certified to the Commission that it will include in its budget for that fiscal year an amount of local discretionary funding for streets and roads purposes at least equal to the minimum maintenance of effort requirement. An annual independent audit shall be conducted to verify that the maintenance of effort requirement for each agency was met. Any local agency which does not meet its maintenance of effort requirement in any given year shall have its funding under Section 4(0)(1) reduced in the following year by the amount by which the agency did not meet its required maintenance of effort level. In the event that special circumstances prevent a local agency from meeting its maintenance of effort requirement, the local agency may request up to three additional fiscal years to fulfill its requirement. Such a request must be approved by the Commission. The Independent Taxpayer Oversight Committee shall also review such requests and make recommendations to the Commission. Any locai street and road revenues not allocated pursuant to the maintenance of effort requirement shall be redistributed to the remaining eligible agencies according to the formula described in Section 4(0)(1). The maintenance of effort requirement also shall apply to any local agency discretionary funds being used for the other purposes specified under Section 4. In addition, revenues provided from this Ordinance shall not be used to replace other private developer funding that has been or will be committed for any project. SECTION 9. REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP): A. New Development Exactions Starting on July 1, 2008, each local agency in the San Diego region shall contribute $2,000 in exactions from the private sector, for each newly constructed residential housing unit in that jurisdiction to the RTCIP. These exactions shall ensure future development contributes its proportional share of the funding needed to pay for the Regional Arterial System and related regional transportation facility improvements, as defined in San Diego Association of Governments' (SANDAG's) most recent, adopted Regional Transportation Plan. New residential housing units constructed for extremely low, very-low, low, and moderate income households, as defined in California Health and Safety Code Sections 50105,50106,50079,5 and 50093, will be exempted from the $2,000 per unit contribution requirement. The amount of contribution shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index. Each local agency shall establish an impact fee or other-revenue Funding Program by which it collects and funds its contribution to the RTCIP, Each local agency shall be responsible for establishing a procedure for providing its monetary contribution to the RTCiP. The RTCIP revenue will be used to construct improvements on the Regional Arterial System such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for regional 13 12-13 express bus and rail transit. This action is predicated on the desire to establish a uniform mitigation program that will mitigate the regional transportation impacts of new development on the Arteriai system. While the RTCIP cannot and should not fund all necessary regional transportation network components and improvements, the RTCIP will establish a new revenue source that ensures future development will contribute its pro rata share towards addressing the impacts of new growth on regional transportation infrastructure. B. Oversight, Audit and Funding Allocations The Regional Transportation Congestion Improvement Program (RTCIP) shall be overseen by SANDAG and implemented by each local agency, with the objective of developing a consolidated mitigation program for the San Diego region as a funding source for the Regional Arterial System. The RTCIP and each local agency's Funding Program shall be subject to an annual review and audit to be carried out by the SANDAG and the Independent Taxpayers Oversight Committee, as defined in Section 11 of this Ordinance. Any local agency that does not provide its full monetary contribution required by Section 9(A) in a given fiscal year will not be eligible to receive funding for local streets and roads under section 4(D)(1) of the TransNet Ordinance for the immediately following fiscal year. Any funding not allocated under 4(D)(1) as a result of this requirement shall be reallocated to the remaining local agencies that are in compliance with this Section. C. Implementation of the Regional Transportation Improvement Program (RTCIP) Provisions for implementation of the RTCIP are described in the document titled "TransNet Extension Regional Transportation Congestion Improvement Program," which is hereby incorporated by reference as if fully set forth herein. SECTION 1 O. BONDING AUTHORITY: Upon voter approval of the ballot proposition to approve the extension of the tax and the issuance of bonds payable from the proceeds of the tax, bonds may be issued by the Commission pursuant to Division 12.7 of the Public Utilities Code, at any time, and from time to time, payable from the proceeds of the existing tax and its extension and secured by a pledge of revenues from the proceeds of the tax, in order to finance and refinance improvements authorized by Ordinance 87-1 and this Ordinance. The Commission, in allocating the annual revenues from the measure, shall meet all debt service requirements prior to allocating funds for other projects. SECTION 11. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE: An Independent Taxpayer Oversight Committee (iTOC) shall be established to provide an enhanced level of accountability for expenditure made under the Expenditure Plan. The ITOC will help to ensure that all voter mandates are carried out as required and will develop recommendations for improvements to the financial integrity and performance of the program. The roles and responsibilities of the ITOC, the selection process for ITOC members, and related administrative procedures shall be carried out in substantially the same manner as further described in the document titled "Statement of Understanding Regarding the Implementation of the Independent Taxpayer Oversight Committee for the TransNet Program," which is hereby incorporated by reference as if fully set forth herein. Up to $250,000 per year, with adjustments for inflation based on the Consumer Price Index for San Diego County, may be expended for activities related to the ITOC. SECTION 12. ADMINISTRATIVE EXPENSES: Revenues may be expended by the Commission for staff salaries, wages, benefits, and overhead and for those services, including contractual services, necessary to administer the Act: however, in no case shall such expenditures exceed one percent of the annual revenues provided by the measure. Any funds not utilized in a given fiscal year shall 14 12-14 remain available for expenditure in subsequent fiscal years. Costs of performing or contracting for project related work shall be paid from the revenues allocated to the appropriate purpose as set forth in Section 4 herein. An annual independent audit shall be conducted through the Independent Taxpayers Oversight Committee to assure that the revenues expended by the Commission under this section are necessary and reasonable in carrying out its responsibilities under the Act. SECTION 13. ESTABLISHMENT OF SEPARATE ACCOUNTS: Each agency receiving funds pursuant to Section 4 shall have its funds deposited in a separate Transportation Improvement Account. Interest earned on funds allocated pursuant to this Ordinance shall be expended only for those purposes for which the funds were allocated. SECTION 14. IMPLEMENTING ORDINANCES: Upon approval of this measure by the voters, the Commission shall, in addition to the local rules required to be provided pursuant to this ordinance, adopt implementing ordinances, rules, and policies and take such other actions as may be necessary and appropriate to carry out its responsibilities. SECTION 15. EFFECTIVE AND OPERATIVE DATES: This Ordinance shall be effective on November 3, 2004, if one of the following events occurs: 1) two-thirds of the electors voting on the ballot proposition approving the ordinance vote to approve the ballot proposition on November 2, 2004; or 2) a law is passed on or before November 2, 2004 that lowers the voter approval threshold applicable to this Ordinance and the number of electors voting in favor of this Ordinance meets that threshold. The extension of the tax authorized by Section 3 of this Ordinance shall be operative on April 1 , 2008. Bonds payable from the proceeds of the tax may be issued at any time prior to, on or after April 1, 2008. The provisions of Section 4 of this Ordinance, relating to the allocation of revenues, shall be operative on July 1, 2008. SECTION 16. AMENDMENTS: With the exception of Sections 2(D), 3, 4(E)(1), 8, 9, and 11 which require a vote of the electors of the County of San Diego to amend, this ordinance may be amended to further its purposes by ordinance, passed by roll call vote entered in the minutes, with two-thirds of the Commission concurring consistent with the Commission's standard voting mechanism. Separate documents incorporated by reference in the Ordinance in Sections 2, 9, and 11 also may be amended with a two-thirds vote of the Commission. SECTION 17. TEN-YEAR COMPREHENSIVE PROGRAM REVIEW: The Commission shall conduct a comprehensive review of all projects and programs implemented under the Expenditure Plan to evaluate the performance of the overall program over the previous ten years and to make revisions to the Expenditure Plan to improve its performance over the subsequent ten years. Such comprehensive program reviews shall be conducted in Fiscal Years 2019, 2029 and 2039. Revisions to the Ordinance and Expenditure Plan required as a result of the ten-year review shall be subject to the amendment process in Section 16. SECTION 18. DESIGNATION OF FACILITIES: Each project or program in excess of $250,000 funded in whole or in part by revenues from this Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from this Ordinance. SECTION 19. SEVERABILITY: If any section, subsection, part, clause or phrase of this Ordinance is for any reason held unenforceable or unconstitutional by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining funds or provisions of this Ordinance, and the Commission declares that it would have passed each part of this Ordinance irrespective of the validity of any other part. Notwithstanding the foregoing, if any part, clause, or 15 12-15 IATTACHMENT 2 TransNet Local Street and Road Program TransNet Ordinance and Expenditure Plan Implementation Guidelines June 23. 2006 The TransNet Ordinance requires that at least 70 percent of the revenues provided for local street and road purposes should be used to fund direct expenditures for facilities contributing to congestion relief. No more than 30 percent of these funds should be used for local street and road maintenance purposes. The required multi-year Regional Transportation Improvement Program (RTIP) project lists submitted by local agencies that are found to be out of compliance with this requirement will not be approved. Local agencies may request an exception to this requirement and must provide justification for such a request as part of its project list submittal. The following table categorizes and lists the more typical types of facilities that are considered to contribute to congestion relief. For other facilities not listed, it must be demonstrated that congestion relief can be obtained before the project can be considered part of the 70 percent Congestion Relief category. Maintenance costs of items listed in the 70 percent Congestion Relief category are eligibie under the 30 percent category. Facilities that are not considered to contribute to congestion relief (Items 28-30) are eligible under the 30 percent category. New or Expanded Facilities 1. New roadways and bridges 2. Roadway and bridge widening 3. Roadway widening for bike lanes Major Rehabilitation and Reconstruction 4. Roadway rehabilitation (grinding and overlay, or new structural pavement, or new overlay 1-inch thick or greater) 5. Roadway realignment 6. Bridge retrofit or replacement 7. Roadway drainage improvements for the purpose of improving capacity-impeding conditions such as significant and frequent roadway flooding 8. New sidewalk or sidewalk widening Traffic Operations 9. Median installation for safety improvement or left- turn movement 10. New traffic signal, passive permissive left turn (PPLT) installation, signal removal for congestion relief reasons, traffic signal upgrades, intersection lighting 11. Traffic signal coordination 12. Traffic signal interconnection 12-16 . Lane removal for bike lanes. . Pavement overlay (less than 1 inch) . Pot hole repair, chip seal, fog seal, crack seal (except when part of roadway rehabilitation project) . Roadway realignment that does not increase roadway capacity . Bridge replacement for aesthetic purposes . Minor drainage improvements not part of a congestion relief project . Stand alone landscaping project of an existing median . Traffic signal replacement, bulb replacement, hardware, software, inductive loop repair 3 13. Centrally controlled traffic signal optimization system 14. Traffic surveillance or detection system (video) 15. Traffic data collection system for performance monitoring purposes (in pavement detection, radar) Smart Growth..Related Infrastructure * 16. Traffic calming measures 17. Pedestrian ramps 18. Pedestrian traffic signal activation 19. Pedestrian crossingsJovercrossings 20. Buffer area between sidewalk and street 21. Pedestrian roadway lighting . Light bulb replacement Transit Facilities 22. New bus stops 23. Bus stop enhancements 24. Bus-only lanes . Bus-only lanes that do not provide congestion relief 25. Queuejumper lanes for buses 26. Traffic signal priority measures for buses 27. Transit operational costs -for shuttle and circulator routes Non..Congestion Relief 28. Erosion control (unless required as part of a congestion relief project) 29. Landscaping (unless required as part of a congestion rei ief project) 30. Roadway signing and delineation (unless it is a congestion relief project) Note: Staff costs for congestion relief project development (environmental. preliminary engineering, design, right-of-way acquisition, and construction management) are eligible expenditures under the 70 percent category. Staff costs for transportation infrastructure maintenance or traffic operations efforts are eligible under the 30 percent category. Costs for general TransNet fund administration and transportation planning are eligible up to 1 percent of annual revenues. To receive credit for providing congestion relief under the 70 percent category, smart growth-related infrastructure must be provided in one of the existing or planned (not potential) seven Regional Comprehensive Plan smart growth land use type characteristic areas: Metropolitan Center, Urban Center, Town Center, Community Center, Transit Corridor, Special Use Center, or Rural Community. Smart growth-related infrastructure built outside of one of the seven types of characteristic areas is eligible under the 30 percent category. 4 12-17 San Diego Association of Governments ATIACHMEi\n r> ..::::) EXECUTIVE COMMITTEE February 8, 2008 AGENDA ITEM NO.: 5 Action Requested: RECOMMEND PROPOSED AMENDMENT TO BOARD POLICY NO. 031 ON ACCOMMODATING BICYCLISTS AND PEDESTRIANS File Number 3000800 Introduction The TransNet Extension Ordinance includes a provision (Section 4(E)(3)) that requires all projects funded under the ordinance to provide accommodations for bicyclists and pedestrians to the extent it is reasonable to do so. Over the past year, staff has consulted with the Bicycle- Pedestrian Working Group (BPWG) and the Cities/County Transportation Advisory Committee (CTAC) to develop policy guidelines for the implementation of this provision. The draft guidelines included as Attachment 1 to this report are the result of that effort. The BPWG, CTAC, and the Independent Taxpayers Oversight Committee (ITOC) have all recommended that the guidelines be adopted by the SANDAG Board of Directors. In July, the SANDAG Transportation Committee discussed the proposed guidelines and recommended approval as well. The guidelines would be incorporated as Rule 20 of Board Policy No. 031: TransNet Ordinance and Expenditure Rules. The Executive Committee discussed the proposed policy at Its October 2007 meeting. Questions were raised by members of the Executive Committee regarding the potential impact on local street and road projects and the process for implementation. Since that time, staff has met with the Committee members who raised concerns to discuss issues and clarify the compliance process. Key points in the discussions were that the guidelines were developed with the intent of minimizing complications in the project development process by encouraging early engagement of stakeholders and by incorporating the steps to comply with the guidelines into existing regional transportation improvement programming processes. In addition, the decision regarding compliance with the proposed policy ultimately rests with the members of the Transportation Committee and Board of Directors. Finally, the proposed guidelines include a requirement that they be reviewed within three years of implementation. This will provide an opportunity to assess how well the guidelines are meeting the objectives of the ordinance and allow any necessary adjustments to be made. The Discussion section below reiterates the material presented to the Executive Committee at its October 2007 meeting. 12-18 Discussion Section 4(E)(3) of the TransNet Extension Ordinance reads: All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the cost of including bikeways and walkways would be excessively disproportionate to the need or probable use. Such facilities for pedestrian and bicycle use shall be designed to the best currently available standards and guidelines. The 2030 Regional Transportation Plan that was adopted by SANDAG in 2003, known as MOBILlTY2030, states that SANDAG will develop guidelines to ensure all regionally funded transportation projects preserve or enhance non-motorized access (See MOBILlTY2030, Chapter 6, Action Item 31). Section 4(E)(3) was included in the TransNet Ordinance in response to that requirement. Providing better access for pedestrians and bicyciists also implements the Regional Comprehensive Plan (RCP) because it contributes toward more transportation choices and is an essential element of the smart growth development. This provision also benefits the region because the most cost-effective way to ensure our transportation system accommodates pedestrian and bicycle traffic is to provide for it when projects are first constructed or when coordinated with other major reconstruction work. Section 4(E)(3) of the TransNet Extension Ordinance establishes an obligation to address bicyclist and pedestrian mobility needs wherever it is reasonable to do so. These draft guidelines and procedures were developed to clarify three main points in the ordinance: . What constitutes adequate accommodation for pedestrian and bicycle travel? . When is the cost of accommodating bicyclists and pedestrians too expensive for the anticipated use? . What are the best available standards to which projects must be designed? Adequate Accommodation_ What constitutes appropriate facilities for pedestrian and bicycle traffic is largely dependent upon context. What is adequate on a residential street is different from what would be needed on a major arterial, and what is sufficient in a rural setting is much different from an urban one. Therefore, the attached rule includes a matrix of appropriate facility types for different road types and settings. The bicycle and pedestrian accommodation measures in that matrix were developed based on recognized state and national design standards, and existing best practices within the region. The provisions for rural areas were developed to be consistent with the County of San Diego's street design standards that are proposed under the County's general plan update, GP 2020. Since the Transportation Committee reviewed and recommended approval of these provisions, staff became aware of one technical correction that needed to be made to the matrix. Under pedestrian facilities for highway projects; the guidelines should specify that there should be no more than 0.3 mile between pedestrian crossings. The previous wording had said "no less than 0.3 mile," but the point is to ensure that pedestrians do not have to walk an unreasonable 2 12-19 distance to cross a highway whenever a highway project disrupts previously existing pedestrian access. Reasonable Cost. The question of reasonable cost is in large part a question of expected demand. Even at very low cost. it probably does not make sense to require a sidewalk along the side of a road if there is no reason to expect pedestrian traffic there. Streets along steep slopes or aiong freeway rights-of-way are examples where this could apply. On the other hand. the street should always provide for bicycle and pedestrian traffic if at all possible where there is a demonstrated existing or planned need. In making this determination. the need for access to and from public transit is a particularly important consideration. The federal guidelines on the provision of bicycle and pedestrian facilities recommend that these facilities always be provided unless the cost of doing so exceeds 20 percent of the total project cost. The proposed rule for the TransNet Ordinance does not include a cost limit. because staff believes there could be circumstances were 20 percent of the project cost would clearly be an excessive amount to spend relative to the need. At the same time. on some smaller projects. 20 percent may not be enough to fund the needed improvements. The approach taken in the proposed rule is to allow the policymakers to decide when the cost is too high. The guidelines are based on the assumption that bicyclists and pedestrians will be properly accommodated in nearly all situations. In those feV\( cases where an agency proposes not to provide the appropriate bicycle or pedestrian facilities. the proposed administrative procedures would require the agency to state so explicitly in its public hearing on the projects. and to notify SANDAG so that the decision could be reviewed by stakeholders and policymakers. The decision on whether or not the requirements of the Ordinance would be met by the proposed project would be made by the Transportation Committee. Design Standards. An adequate design standard for bicycle facilities is available in Chapter 1000 of the California Highway Design Manual (HDM). Since this is a recognized institutional standard for bikeway design. all bikeway improvements constructed under the TransNet program should conform to Chapter 1000 of the HDM. No similar state guidelines exist for pedestrian facilities. However. the American Association of State Highway Transportation Officiais (AASHTO) publishes the Guide for the Planning. Design. and Operation of Pedestrian Facilities. which provides reasonable and widely recognized design standards that are proposed as the standard under this rule. SANDAG has published Planning and Designing for Pedestrians. but that document was developed as a reference manual. not as a design standard. In order to reduce the administrative burden of this provision. staff incorporated the process into the existing administrative procedures for programming projects into the TransNet Program of Projects. Every project funded under the Ordinance is noticed in pubiic hearings held by the sponsoring agency and SANDAG. Those hearings provide an appropriate setting for agencies to certify compliance with Section 4(E}(3) of the Ordinance. and to identify and justify any projects that do not provide the expected accommodation. The administrative process defines the roles of Caltrans. local agencies. and SANDAG. including its working groups. Policy Advisory Committees. and the Board. 3 12-20 Next Steps Following the Executive Committee recommendation, the proposed rule will go to the SANDAG Board of Directors for final approval and incorporation into Board Policy No, 031, The rule would take effect with any new projects added to the TransNet Program of Projects subsequent to that action. BOB LEITER Director of Land Use and Transportation Planning Attachment: 1, Draft Rule 20 of Policy No, 031: Accommodating Bicyclists and Pedestrians under the TransNet Extension Ordinance Key Staff Contact: Stephan Vance, (619) 699-1924, sva@sandag.org 4 12-21 Attachment 1 Draft Rule 20 of Board Policy No. 031 Accommodating Bicyclists and Pedestrians under the TransNet Extension Ordinance Accommodation of Bicyclists and Pedestrians. Adequate provisions for bicycle and pedestrian travel is determined within the context of the roadway type, its existing and planned surrounding land uses, existing bicycle and pedestrian plans, and current or planned public transit service. When addressing the access needs dictated by land use, the responsibie agency must consider demand created by current and expected land uses (as determined by the local general plan) within the useful life of the TransNet project. The table entitled Appropriate Bicycle and Pedestrian Accommodation Measures provides a guide to appropriate accommodation measures for each transportation facility type and land use context. In the table, "urban" means within the urbanized area as defined by U.S. Census Bureau. Aoorooriate Bicvcle and Pedestrian Accommodation Measures' Context/Facilitv Tvoe Bicvcle Measures Pedestrian Measures Urban Highway 0 Required facility type will be 0 Continuous sidewalks and based on the recommendations marked crosswalks through for any regional bikeway freeway interchanges corridors in urban highway where sidewalks exist or alignments developed through an are planned on the adopted Regional Bicycle Plan. intersecting roadway. Pending completion of this plan, 0 Where new freeway appropriate bicycle construction severs existing accommodation will be pedestrian access, grade developed on a project by project separated pedestrian basis by local and regional crossings with no more authorities in consultation with than 0.3 mile between appropriate stakeholders. crossi ngs. 0 Freeways and freeway interchanges may not eliminate existing bikeways or preclude planned bikeways on local streets and roads. Transit Project 0 Bicycle lockers and racks at 0 Direct sidewalk connections stations sufficient to meet normal between station platforms expected demand and adjacent roadway 0 Bicycle access to all transit sidewalks vehicles except those providing 0 Pedestrian crossings where exclusive paratransit service to a new transit way severs the disabled as required by the existing pedestrian access Americans with Disabilities Act. with no more than 0.3 0 Transit priority measures on miles between crossings. roadways may not prevent bicycle access. 5 12-22 Appropriate Bicycle and Pedestrian Accommodation Measures' Context/Facility Type Bicycle Measures Pedestrian Measures Major Urban Street . Class 2 bike lanes. . Continuous sidewalks or pathways', both sides of the street with marked crosswalks at traffic controlled intersections. . Americans with Disabilities Act (ADA) compliant bus stop landings for existing and olanned transit service Urban Collector Street . Class 2 bike lanes . Continuous sidewalks or (design speed >35 mph) pathways', both sides of the street with marked crosswalks at traffic controlled intersections. . ADA compliant bus stop landings for existing and olanned transit service Urban Collector Street . Shared roadway. Where planned . Continuous sidewalks or (design speed :S 35 mph) average daily motor vehicle pathways' both sides of the traffic exceeds 6,500, the outside street travel lane should be at least 14 . ADA compliant bus stop feet wide. landings for existing and olanned transit service Urban Local Street . Shared roadway . Continuous sidewalks or pathways' both sides of the street . ADA compliant bus stop landings for existing and planned transit service Rural Highway . Minimum 8-foot paved shoulder . ADA compliant bus stop landings for existing bus stoos. Rural Collector Road . Minimum 8-foot paved shoulder . Not required with no fronting uses . Paved or graded walkway consistent with community character on streets with fronting uses. . ADA compliant bus stop landings for existing bus stoos. 6 12-23 Approoriate Bicvcle and Pedestrian Accommodation Measures' Context/Facility Type Bicvcle Measures Pedestrian Measures Rural Local Road . Minimum 6-foot paved shoulder . Not required with 85'" percentile speeds S 25 mph . Paved or graded walkway consistent with community character on streets with fronting uses and 85th percenti Ie speeds> 25 mph. . ADA compliant bus stop landings for existing bus stops. 1. Application of these accommodation measures is subject to sound planning and engineering judgment to ensure the facility is reasonable and appropriate within the land use and transportation context of the overall project. 2. Unpaved pathways of decomposed granite or other suitable material that are set back from the roadway where feasible would be considered appropriate only on roads serving areas that are rural in nature. Where a local jurisdiction has a bicycle or pedestrian master plan adopted by the city councilor Board of Supervisors and approved by SANDAG, the local agency may use that plan to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan. These plans must be updated and approved no less than every five years to qualify as a means of satisfying this provision. Best Available Standards. All bicycle facilities must be designed to the standards established in the California Highway Design Manual, Chapter 1000. Bicycle parking facilities should conform to the guidelines established in the Regional Bicycle Plan adopted by SANDAG. Shared roadways on collector streets should have a curb lane or curb lane plus shoulder that measures at least 14 feet. Where parallel parking is in piace, consideration should be given to installing the shared lane pavement marker. All sidewalks must be designed consistent with the design standards established in the AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities, the Department of State Architect's California Access Compliance Reference Manual, and the US Department of Transportation ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). Consistency with the design recommendations in the SANDAG Planning and Designing for Pedestrians is encouraged. Bicycle and Pedestrian Accommodation in Reconstruction Projects. Street and road reconstruction is the time to re-evaluate the function of a road and its context, and to reallocate the right-of-way if appropriate to meet the needs of bicyclists and pedestrians. An agency is not required to acquire additional right-of-way to improve bicycle and pedestrian access. However, the agency should consider reduced motor vehicle lanes and lane widths, and reduced median widths as a means of providing the appropriate bicycle or pedestrian facility. While such an evaluation is recommended for reconstruction projects of any size, compliance with these guidelines is required for "major" reconstruction projects meeting the definitions established under Rule 18 of SANDAG Board Policy No. 031 regarding the guidelines for implementing the "70/30" requirement. 7 12-24 When Provisions for Bicyclists and Pedestrians Accommodation May Be Excluded. Section 4(E)(3) is based on the premise that pedestrians and bicyclists need safe and convenient access to the same destinations as other users of the public right of way. Consequently, those portions of the transportation network where pedestrians and bicyclists need not be accommodated are the exception, and the decision not to provide for them in a construction or major reconstruction project must be made by the responsible agency for good cause such as severe topographic or bioiogical constraints. Any impacts on the roadway's motor vehicle capacity that result from providing for pedestrian and bicycle access would not. in themselves, justify excluding bicycle and pedestrian facilities. However, these impacts and their mitigation costs should be considered in determining if the cost of providing the facilities is disproportionate to the probable use. This provision only requires an agency to provide appropriate bicycle or pedestrian facilities that are within the construction or reconstruction area of the project. Consideration of the provision of sidewalks as part of major rehabilitation roadway projects involving only new pavement overlays of 1-inch thickness or greater (see Rule 18 under Board Policy No. 031) on streets where sidewalks do not currently exist would only be required if curb, gutter, and related drainage facilities were already in place. The cost of providing for bicycle and pedestrian access can vary significantly relative to the overall project cost. For this reason, specifying a proportional or absolute limit on spending for bicycle or pedestrian improvements relative to probable use would not allow the kind of discretion necessary to make a significant investment in facilities when necessary, or to withhold an investment when the benefits are marginal. Therefore, the decision to exclude accommodations for bicyclist and pedestrians must be a policy-level decision made by the Board of Supervisors or city council based on the body of information about context, cost. and probable use available at the time. Such a decision must be made in the public hearing required by Section 5(A) of the Ordinance. Pedestrian Access. Sidewalks or other walkways may be excluded from a project when it can be demonstrated that there are no uses (including bus stops) that would create demand for pedestrian access. In making this determination, the agency must consider the potential for future demand within the useful life of the project. Access to and from public transit, including crossing improvements, also must be considered and accommodated where there is existing or planned transit service. Bicycle Access. A new project or major reconstruction project may not include the expected bikeway treatment when a suitable parallel route with the appropriate accommodations exists that would require no more than Y4-mile total out of direction travel. Procedures for Excluding Accommodations for Pedestrians and Bicyclists from Projects. When an agency determines not to include bicycle or pedestrian accommodations in a project because the cost of doing so would be excessively disproportionate to the need or probable use, the agency must include a notice of that decision in the notice of the public hearing required by Sections 5(A) and 6 of the Ordinance. In submitting the project to SANDAG for inclusion in the TransNet Program of Projects as part of the Regional Transportation Improvement Program (RTIP) process, the agency must notify SANDAG that bicycle andlor pedestrian facilities, as described in Table 1 or in its bicycle or pedestrian master plan, will not be included in the project along with 8 12-25 written justification for that decision. The decision and justification is subject to review and comment by SANDAG through the Bicycle-Pedestrian Working Group, which would forward its comments to the SANDAG Transportation Committee. The Independent Taxpayer Oversight Committee also would review and comment on such projects as part of its role in the RTIP process. The Transportation Committee in approving the TransNet Program of Projects must make a finding that the local decision not to provide bicycle or pedestrian facilities is consistent with the provisions of this Ordinance prior to approving the project for funding under the TransNet Program. If this consistency finding is not made, the agency would have the opportunity to revise its fund programming request for consideration in a future RTIP amendment. Effective Implementation. This rule will be effective for projects added to the TransNet Program of Projects subsequent to the rule's adoption by the SANDAG Board of Directors. Within three years of adoption, this rule will be re-evaluated by SANDAG to ensure it is effectively encouraging provision of a balance transportation network without imposing an excessive cost burden on projects funded under the program. 9 12-26 ATTACHMENT 4 TRANSNET ALLOCATION - FY 2009 THROUGH FY 2013 Major Pavement Rehabilitation (Reconstructionl Overlays) Traffic Signal System Optimization (TF350) 1-805, SR54 and Otay Mesa Transportation System Improvements $90,000 $90,000 $90,000 N. Broadway Reconstruction (STM354) Palomar Gateway (STL28D) 1-5/ H Street Interchange Improvements (STM362) SUBTOTAL Congestion Reliel -" Congestion Relief (TF354) $75,000 $75,000 $75,000 $75,000 $75,000 '" Sidewalk Installation! Rehabilitation $100,000 I '" Pedestrian! Bicycle Master Plans $61,000 ..... Harborside Elementary Pedestrian Improvements $85,000 Minor Pavement Rehabilitation Program (Including seals) $600,000 $850,000 $925,000 $1,100,000 $1,150,000 Advance Plmming Studies (OP202) $45,000 $47,000 $50,000 $52,000 $55,000 Traffic Monitoriog Program (TF321 and TF325) $75,000 Urban Core Level of Service Thresholds Study $50,000 Traffic Signing (TF332), Studies and Signal Upgrade $250,000 $55,000 $55,000 $55,000 SUBTOTAL Mainlenance $1,341,000 $1,105,000 $1,282,000 $1,335,000 TOTAL $4,596,99 $4,770,000 $5,022,000 $5,225,00 Prepared 4/8/08 ~ I'.) I I'.) 00 ATTACHMENT 5 RECOMMENDED OVERLAYS Street Name Bet!innine: Endin~ RESOLUTION NO. 2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATON OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008-09 THROUGH 2012-13 WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (04-01) extension (Extension Ordinance); and WHEREAS, the Ordinance and the Extension Ordinance provide that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TRANSNET) funds; and WHEREAS, every two years, SANDAG updates the Regional Transportation Improvement Plan (RTIP) and releases new funding projections for the cities within San Diego County; and WHEREAS, on March 18, 2008, pursuant to Ordinances No. 3106 through No. 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of$3,243 per Equivalent Development Unit; and WHEREAS, on January 25,2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstmction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and HIENGINEER\RESOS\Resns2008\04-22-08\Trallsnet FY09.FYIJ Reso revised by e'isn.r~~:~9 Resolution No. 2008- Page 2 WHEREAS, on February 8, 2008, the SANDAG Executive Committee considered a proposed amendment to SANDAG Board Policy 31 to establish guidelines for the implementation of Section 4.E.3 of the Extension Ordinance (Rule 20 Amendment); and WHEREAS, staff believes that the Rule 20 Amendment was adopted by the SANDAG Board based on conversations with SANDAG staff; and WHEREAS, the Rule 20 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, the Rule 20 Amendment also lists the circumstances when provisions for bicyclists and pedestrians may be excluded; and WHEREAS, the Rule 20 Amendment states that a new project or major reconstruction project may not include the expected bikeway treatment when a suitable parallel route with the appropriate accommodations exists that would require no more than Ij,,-mile total out of direction travel; and WHEREAS, the Rule 20 Amendment states that sidewalks or other walkways may be excluded from a project when it can be demonstrated that there are no uses (including bus stops) that would create demand for pedestrian access and that in making this determination, the agency must consider the potential for future demand within the useful life of the project; and WHEREAS, the Rule 20 Amendment states that an agency is not required to acquire additional right-of-way to improve bicycle and pedestrian access; and WHEREAS, the Rule 20 Amendment states that the provision of sidewalks for major rehabilitation projects involving only new pavement overlays of one-inch thickness or greater would only be required if curb, gutter, and related drainage facilities were already in place; and WHEREAS, the Rule 20 Amendment states that the agency may consider context, cost, probable use, and severe topographic or biological constraints in its decision not to provide provisions for bicyclists and pedestrians; and WHEREAS, the Rule 20 Amendment states that the procedure for excluding accommodations for pedestrians and bicyclists includes the agency notifying SANDAG that bicycle and/or pedestrian facilities will not be included in the project along with written justification for that decision; and WHEREAS, the Rule 20 Amendment states that the decision to exclude accommodations for bicyclists and pedestrians must be made in the public hearing required by Section 5.A of the Extension Ordinance; and H:\ENG[NEER\RESOS\Resos2008\04~22-08\Transnet FY09-FY 1 J1~S~ ~vded by elisa-FINAL.doc Resolution No. 2008- Page 3 WHEREAS, the proposed list of projects to be funded by TRANSNET during Fiscal Years 2008-09 through 2012-13 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2008-09; and WHEREAS, the streets included in the Major Pavement Rehabilitation Program are chosen from the list which was compiled on the basis of the City's Pavement Management System; and WHEREAS, the City Council held a Public Hearing on April 22, 2008, as required by Section 5.A of the Extension Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it approves the submittal of certain projects for the TRANSNET Local Street Improvement Program to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008-09 through 2012-13. 2. That it certifies that pursuant to Section 2.C of the Extension Ordinance, no more than 30 percent of its annual TRANSNET revenues shall be spent on maintenance-related projects. 3. That it certifies that, pursuant to Section 8 of the Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 4. That it certifies that, pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program. 5. That it certifies that, pursuant to Section 13 of the Extension Ordinance, a separate Transportation Improvement Account has been established, with earned interest expended only for those purposes for which the funds were allocated. 6. That it certifies that, pursuant to Section 18 of the Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with TRANSNET project funding identification signs. 7. That the City will indemnify, hold harmless and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local TRANSNET funded projects. H :\ENG IN EER\RESOS\Resos2008\04-22-08\ Transnet FY09~FY 131 ~s~ ~v~sed by elisa.f(NAL.doc Resolution No. 2008- Page 4 8. That it certifies that, pursuant to Section 4.E.3 of the Extension Ordinance, all new projects, or major reconstruction projects, funded by TRANSNET revenues shall accommodate travel by pedestrians and bicyclists with the following exceptions, along with the accompanying justification: A. The North Broadway Reconstruction project (STM354) qualifies as a major reconstruction project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment in the North Broadway Reconstruction project because a parallel route with appropriate accommodations exists on Fifth Avenue that would require no more than I/.-mile total out of direction travel. The parallel route on Fifth Avenue is included in the Bikeway Master Plan. B. Because the new overlay project on Main Street from the west I-80S interchange to Oleander Avenue will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment on Main Street from the west I-80S interchange to Oleander Avenue because Main Street, which is currently designated as a Class 3 bike route in the Bikeway Master Plan, crosses the freeway and there is insufficient lane width for a Class 2 bike lane. Staff intends to consider additional bicycle facilities in conjunction with future interchange improvements. C. Because the new overlay project on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard for the following reasons: (I) due to its location adjacent to the City's Multiple Species Conservation Program area, there are severe topographic and biological constraints; (2) there is insufficient right-of-way; and (3) there is no development adj acent to the proj ect so there is no demand for pedestrian access or the potential for future demand for pedestrian access. D. Because the new overlay project on Wueste Road between Otay Lakes Road and Lake Crest Drive will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Wueste Road between Otay Lakes Road and Lake Crest Drive for the following reasons: (I) it is a two-lane road without existing curb, gutter and drainage facilities; and (2) there is no development adjacent to the project so there is no demand for pedestrian access or the potential for future demand for pedestrian access. H :\ENG INEER\RESOS\Resos2008\04~22-08\ Transnet FY09-FY 131 ~s~ ~v~ed by elisa-FINAL.doc Resolution No. 2008- Page 5 E. Because the new overlay project on Broadway from Faivre Street to Beyer Boulevard will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Broadway from Faivre Street to Beyer Boulevard for the following reasons: (1) it is a two-lane road without existing curb, gutter and drainage facilities; (2) there are only industrial facilities adjacent to the project and these uses do not create a demand for pedestrian access or the potential for future demand for pedestrian access; and (3) it is currently being maintained as a Class 3 bike route in accordance with the City's Bikeway Master Plan. 9. That it certifies that all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Approved as to form by Jack Griffin Engineering and General Services Director ~ tLC~~ !rrv Ann Moore City Attorney H :\ENG IN EER\RESOS\Resos2008\04.22-08\Transnet FY09-FY 131 ~s~ ~Y~ed by elisa-FINAL.doc