TRANSPORTATION COMMITTEE AGENDA

Transcription

1 TRANSPORTATION COMMITTEE AGENDA Monday, June 4, :00 a.m. CVAG Offices Fred Waring Drive, Suite 119 Palm Desert, CA (760) Video Conferencing will be available at: City of Blythe City Hall 235 N. Broadway, Room A Blythe, California THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA. 1. CALL TO ORDER (Chair Robert Radi, Councilmember, City of La Quinta) 2. ROLL CALL A. Member Roster P4 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS This is the time and place for any person wishing to address the Transportation Committee on items not appearing on the agenda to do so.

2 5. TRANSPORTATION COMMITTEE/DIRECTOR COMMENTS 6. CONSENT CALENDAR A. Approve the May 7, 2018 Transportation Committee Minutes P5 6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR 7. DISCUSSION / ACTION A. Funding Match for ATP Cycle 4 Projects Erica Felci P9 Recommendation: Authorize that previously approved CVAG transportation funds be used as a funding match for ATP Cycle 4 grant applications for Avenue 48/ Arts & Music Line and the CV Link connector in Desert Hot Springs and that additional funding be authorized to maximize leveraging points. B. TUMF Handbook Eric Cowle P12 Recommendation: Approve the 2018 TUMF Handbook. C. TUMF Ordinance Eric Cowle P29 Recommendation: Approve the 2018 TUMF Model Ordinance. D. Madison Street Improvement Project Eric Cowle P37 Recommendation: Approve Amendment #3 to the Reimbursement Agreement with the City of Indio for the Madison Street Improvement Project, adding an additional not-toexceed amount of $5,527,294 and bringing CVAG s total regional share to $24,195, INFORMATION a) Status of I-10 Interchange Projects P42 b) CVAG Regional Arterial Program - Project Status Report P43 c) CVAG Regional Bike/Pedestrian Safety Program Update P44 d) Transportation Committee Attendance Roster P45 e) RFP for Transformative Climate Communities Planning Grant P46

3 9. ANNOUNCEMENTS Upcoming Meetings at Fred Waring Drive, Suite 119, Palm Desert: Transportation Committee Monday, August 27, 2018 at 9:00 a.m. Upcoming Meetings at Agua Caliente Resort & Spa, Bob Hope Drive, Rancho Mirage: Executive Committee Monday, June 25, 2018 at 4:30 p.m. General Assembly Monday, June 25, 2018 at 6:00 p.m. 10. ADJOURNMENT

4 ITEM 2A Transportation Committee Members City of Blythe Joseph De Coninck Councilmember City of Cathedral City Greg Pettis Mayor Pro Tem City of Coachella Steve Brown, Vice Chair Councilmember City of Desert Hot Springs Scott Matas Mayor City of Indian Wells Ty Peabody Councilmember City of Indio Michael Wilson Mayor City of La Quinta Robert Radi, Chair Councilmember City of Palm Desert Jan Harnik Councilmember City of Palm Springs Lisa Middleton Councilmember City of Rancho Mirage Ted Weill Councilmember County of Riverside, Executive Office V. Manuel Perez Supervisor Agua Caliente Band of Cahuilla Indians Anthony Purnel Tribal Councilmember Ex-Officio/Non-Voting Members SunLine Transit (Ex Officio) Lauren Skiver General Manager

5 ITEM 6A The audio file for this committee meeting can be found at 1. CALL TO ORDER The Transportation Committee meeting was called to order on Monday, May 7, 2018 at 9:00 a.m. by Chair Robert Radi, Councilmember, City of La Quinta at the CVAG Conference Room, Suite 119, in Palm Desert. 2. ROLL CALL A roll call was taken, and it was determined that a quorum was present. MEMBERS/ALTERNATES PRESENT Mayor Joseph DeConinck Councilmember Shelley Kaplan Councilmember Steve Brown Mayor Scott Matas Councilmember Ty Peabody Councilmember Robert Radi Councilmember Jan Harnik Councilmember Lisa Middleton Councilmember Ted Weill Supervisor V. Manuel Perez Vicky Castaneda MEMBERS/ALTERNATES ABSENT Tribal Member Anthony Purnel ALSO PRESENT Anita Petke Robert Manning Tom Garcia Pat Cooper AGENCY City of Blythe (via teleconference) City of Cathedral City City of Coachella City of Desert Hot Springs City of Indian Wells City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage County of Riverside SunLine Transit Agency (Non-Voting Member) AGENCY Agua Caliente Band of Cahuilla Indians AGENCY Sunline Southwest Rail Passenger Association Palm Springs Riverside County 4 th District Office STAFF PRESENT Tom Kirk Gary Leong Martin Magaña Eric Cowle Jim Sullivan Erica Felci Joanna Stueckle Lance Albrecht Helen Carlson TRANSPORTATION COMMITTEE MINUTES OF MAY 7, 2018 PAGE 1

6 3. PLEDGE OF ALLEGIANCE Councilmember Jan Harnik led members in the Pledge of Allegiance. 4. PUBLIC COMMENTS Robert Manning, President of Southwest Rail Passenger Association, shared that the passenger line between Los Angeles and Chicago is slated for termination because of track safety concerns. The Sunset Limited passenger train serving the Coachella Valley three times a week is also at risk. Mr. Manning indicated he will be asking CVAG for a letter of support for the Sunset Limited train service. 5. TRANSPORTATION COMMITTEE/DIRECTOR COMMENTS Chairman Radi discussed Proposition 69 and efforts to repeal SB 1 and urged members to review merits of the proposition. Tom Kirk reported the TUMF Nexus Study went to the Executive Committee and the manual will be moving through committees next month; the cleaning of the first leg of CV Link has begun through Renova; and that CVAG has posted interactive traffic counts on the CVAG website. Mr. Kirk also reported the distribution of SB 1 funds was announced. Western Riverside County was awarded $35 million out of the $2.6 billion, San Bernardino County received $250 million and, although the Coachella Valley had requested $50 million funding for projects, no funding was awarded locally. 6. CONSENT CALENDAR IT WAS MOVED BY COUNCILMEMBER WEIL AND SECONDED BY COUNCILMEMBER BROWN TO: A. APPROVE THE APRIL 2, 2018 TRANSPORTATION COMMITTEE MINUTES. B. APPROVE CONTRACT WITH M&M SWEEPING, INC. FOR CVAG S REGIONAL PM10 STREET SWEEPING PROGRAM FROM JULY 1, 2018 TO JUNE 30, 2020 FOR A NOT TO EXCEED AMOUNT OF $634,110.78, WITH AN OPTION FOR ADDITIONAL TWO YEARS. THE MOTION CARRIED WITH 9 S, ONE ABSTENTION, ONE MEMBER ABSENT. MAYOR JOSEPH DECONINCK COUNCILMEMBER SHELLEY KAPLAN COUNCILMEMBER STEVE BROWN MAYOR SCOTT MATAS COUNCILMEMBER TY PEABODY COUNCILMEMBER ROBERT RADI COUNCILMEMBER JAN HARNIK COUNCILMEMBER LISA MIDDLETON COUNCILMEMBER TED WEILL SUPERVISOR V. MANUEL PEREZ TRIBAL MEMBER ANTHONY PURNEL ABSTAIN ABSENT TRANSPORTATION COMMITTEE MINUTES OF MAY 7, 2018 PAGE 2

7 7. DISCUSSION / ACTION A. Costs incurred for Ferguson v. CVAG, et al Erica Felci Erica Felci presented the staff report. B. Da Vall Interchange with I-10 Project Study Report (PSR) Eric Cowle Eric Cowle presented a staff report. Member discussion ensued. IT WAS MOVED BY COUNCILMEMBER HARNIK AND SECONDED BY COUNCILMEMBER MIDDLETON TO APPROVE AMMENDMENT 1 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CATHEDRAL CITY AND CVAG FOR THE DA VALL DRIVE - I-10 INTERCHANGE PROJECT, PROJECT STUDY REPORT PHASE. THE MOTION CARRIED WITH 9 S AND 1 ABSTENTION. MAYOR JOSEPH DECONINCK COUNCILMEMBER SHELLEY KAPLAN COUNCILMEMBER STEVE BROWN MAYOR SCOTT MATAS COUNCILMEMBER TY PEABODY COUNCILMEMBER ROBERT RADI COUNCILMEMBER JAN HARNIK COUNCILMEMBER LISA MIDDLETON COUNCILMEMBER TED WEILL SUPERVISOR V. MANUEL PEREZ TRIBAL MEMBER ANTHONY PURNEL ABSTAIN ABSENT C. Indian Canyon Drive Two-Way Conversion Project Eric Cowle Eric Cowle presented the staff report. IT WAS MOVED BY COUNCILMEMBER KAPLAN AND SECONDED BY SUPERVISOR PEREZ TO APPROVE A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND CVAG FOR A PROJECT TO CONVERT INDIAN CANYON DRIVE FROM ONE-WAY TO TWO WAY TRAFFIC BETWEEN CAMINO PAROCELA AND ALEJO ROAD. THE MOTION CARRIED UNANIMOUSLY. MAYOR JOSEPH DECONINCK COUNCILMEMEMBER SHELLEY KAPLAN COUNCILMEMBER STEVE BROWN MAYOR SCOTT MATAS COUNCILMEMBER TY PEABODY COUNCILMEMBER ROBERT RADI COUNCILMEMBER JAN HARNIK COUNCILMEMBER LISA MIDDLETON COUNCILMEMBER TED WEILL SUPERVISOR V. MANUEL PEREZ TRIBAL MEMBER ANTHONY PURNEL ABSENT TRANSPORTATION COMMITTEE MINUTES OF MAY 7, 2018 PAGE 3

8 8. INFORMATION a) Status of I-10 Interchange Projects b) CVAG Regional Arterial Program - Project Status Report c) Regional Bike/Pedestrian Safely Program Update d) Transportation Committee Attendance Roster These items were placed in the agenda for member information. 9. ANNOUNCEMENTS Upcoming Meetings at Fred Waring Drive, Suite 119, Palm Desert: Transportation Committee Monday, June 4, 2018 at 9:00 a.m. Executive Committee Monday, June 4, 2018 at 4:30 p.m. Upcoming meetings at Agua Caliente Casino Resort, Bob Hope Drive, Rancho Mirage General Assembly Monday June 25, 2018 at 6:00 p.m. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 9:25 a.m. Respectfully Submitted, Helen Carlson Management Analyst TRANSPORTATION COMMITTEE MINUTES OF MAY 7, 2018 PAGE 4

9 ITEM 7A Staff Report Subject: Contact: Funding Match for ATP Cycle 4 Projects Erica Felci, Governmental Projects Manager (efelci@cvag.org) Recommendation: Authorize that previously approved CVAG transportation funds be used as a funding match for ATP Cycle 4 grant applications for Avenue 48/ Arts & Music Line and the CV Link connector in Desert Hot Springs and that additional funding be authorized to maximize leveraging points. Background: The Coachella Valley has made it a priority to make significant investments in the local and regional transportation networks, particularly as it pertains to creating safe routes for pedestrians and cyclists. The region has also been successful in securing outside funding for these projects, particularly awards from the state s Active Transportation Program (ATP). Created by state legislation in 2013, ATP consolidated various funding sources into a single program to encourage active modes of transportation. ATP has become an extremely competitive program and recent awards have benefitted projects such as CV Link, the La Quinta Village complete streets network as well as Palm Drive in the City of Desert Hot Springs. State officials have released the call for projects for ATP Cycle 4, which is expected to provide about $440 million for projects between FY2019/20 and FY2022/23. Applications will be due July 31, As indicated in a February staff report, CVAG reached out to member jurisdictions that may be interested in submitting projects this funding cycle. At the April 30, 2018 meeting, the CVAG Executive Committee approved a contract amendment with Alta Planning + Design that included grant application support for two projects that connect to and from CV Link: CV Link extension to the City of Desert Hot Springs: CVAG staff has met with the City as they explore options to extend CV Link into Desert Hot Springs. The concept is conducive with the City s Pedestrian/Bicycle Master Plan and the CV Link Conceptual Master Plan. While the exact route is still being finalized, this project is likely to provide additional safety improvements for active transportation routes along Palm Drive and other arterial roadways. Avenue 48/ Arts & Music Line: CVAG is working with the cities of Coachella, Indio, La Quinta and Riverside County on a joint application for this project. As highlighted during the April 30 Executive Committee meeting, the Arts & Music Line is a community connector to CV Link that s located primarily along Avenue 48 between Interstate 10 and Washington Street. The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The western end will extend southward along Washington Street and then further west and south along Eisenhower Drive, connecting to the Bear Creek Trailhead at the western terminus of Calle Tampico. The project s design will incorporate both light and sound, plus provide pedestrians and cyclists safe access to the music and art festivals at the Empire Polo Grounds. The project partners are also reaching

10 out to the school districts about the opportunity to feature students art and music along the route. For the first time, the State is requiring different ATP grant applications based on the project s size and cost. Both the Desert Hot Springs and Avenue 48 projects are expected to fall within the large project application, which is required if the total cost of a project is more than $7 million. Applications are scored on a 100-point scale. This is an extremely competitive grant program and, in previous cycles, even a half-point could make the difference in securing millions of dollars. While a funding match is not required, large projects will get an automatic five points if they can demonstrate that more than 20 percent of the ATP-eligible costs is covered by non-atp funding. This is a new part of the application, and CVAG staff anticipates it could create a competitive advantage for the Coachella Valley. CVAG already has a proven track record of using leveraged funding to secure outside funding for CV Link; the February 2012 decision to commit $20 million in local transportation dollars was instrumental in having full funding to the project, including securing nearly $50 million in grants related to air quality, healthcare and active transportation. Fiscal Analysis: While a funding match is not required in the ATP application, leveraging funds will provide both projects with up to five points automatically. It also can factor into the project s cost effectiveness score, which is another five points. Maximizing these points will make both projects far more competitive than others in the state. In essence, the region is putting forward a relatively small financial investment in order to incentivize a far larger commitment in state funding. The exact amount of local funds needed for either the Desert Hot Springs or Avenue 48 projects is still being determined as we finalize the scope of both projects. CVAG staff is recommending that at least 20 percent of each project s total cost is committed locally. As with other regional projects, CVAG staff recommends that the leverage is provided in the same percentage split that is used with other transportation projects. Because the Avenue 48 project crosses multiple jurisdictions, the cities share of the leverage would be split. As part of the leverage, CVAG anticipates using the funding that have been committed through other projects: As part of the 2017 Bike and Pedestrian Safety Program, the City of Indio identified a bike lane project along Avenue 48 totaling $861,575. That project was put in a holding pattern pending the Arts & Music Line application. Still, CVAG had approved $646,181 and the City was committed to spending $215,394. There is also funding committed to bike-and-pedestrian improvements as part of the Avenue 48 widening project, between Van Buren Street and Dillon Road in the City of Coachella. The project included construction of 5-foot wide bicycle lanes and sidewalks on both sides of Avenue 48. Those improvements total $985,000, including $738,750 from CVAG and another $246,250 from Riverside County and Coachella. There s also significant funding already committed along Palm Drive in Desert Hot Springs, which was the highest-ranked project awarded in the 2017 Bike and Pedestrian Safety Program. CVAG approved nearly $2.25 million for improvements and the City committed $879,545. In addition, Desert Hot Springs has received ATP Cycle 3 funding for bicycle and pedestrian improvements on Palm Drive from Camino Aventura to Two Bunch Palms Trail. This project is estimated to cost $1 million and the city received $775,00 in ATP Cycle 3 funding. This included ADA ramps and driveways, buffered bike lanes and new street lights. This project is currently

11 under design. These projects expand on other investments the city has made in the area to the improve bike and pedestrian safety, which can be highlighted as part of the ATP application. Using only this previously authorized funding, applications for a $15 million project in Desert Hot Springs or an Avenue 48 project costing nearly $10 million would still get the maximum leveraging points. However, given both the length and scope of these active transportation projects, CVAG staff anticipates that the cost of at least the Arts & Music Line will be much higher. The recommended action would allow CVAG to use additional funding, with 75% CVAG matched to 25% city(ies), that s needed to reach the maximum points, with the understanding that this allocation is conditioned on successfully securing the grant funds. The additional funding will be identified and reported to the committee once the total project cost is known. Both the Avenue 48/ Arts and Music Line and the Desert Hot Springs active transportation projects are tied to priorities identified in CVAG s Transportation Project Prioritization Study (TPPS) and are therefore eligible for regional transportation funding. CVAG has transportation funding available to provide its share of the project cost match.

12 ITEM 7B Staff Report Subject: Contact: TUMF Handbook Eric Cowle, Transportation Program Manager Recommendation: Approve the 2018 TUMF Handbook. Background: CVAG s Executive Committee approved the 2018 TUMF/Nexus Study at their April 2018 meeting. The primary purpose of the Nexus Study is to determine a linkage between development and transportation system impacts. The Study determined that by 2040, over one million trips will be added to the Coachella Valley. When the cost of the anticipated Transportation Project Prioritization Study (TPPS) projects using the same 2040 horizon are divided by the new trips, the result is $245/trip. The previous trip rate, from 2006, was $192/trip. With the new $245 trip rate, the actual development fees are then calculated for individual land uses. The Institute of Transportation Engineers (ITE) has exhaustively analyzed different land uses with respect to trip generation and publishes the ITE Trip Generation Manual. This manual is the accepted industry standard with respect to trip generation data. The actual fees are determined by multiplying the $245 trip rate established in the Nexus Study by the ITE factor for trips per land use. For example, ITE shows a residential single-family dwelling unit responsible for, on average, 9.44 trips per day. $245/trip x 9.44 trips = $2,312.80, which would be the TUMF fee for a single-family dwelling unit (CVAG has rounded this fee to $2,310) Development occurs within many different land uses. In previous TUMF Handbooks, CVAG has utilized as many as 70 land-use categories and sub-categories. Based upon feedback from CVAG s TUMF Advisory Committee, there was consensus that consolidating the land-use categories would simplify the process without impacting the amount of TUMF collected. CVAG has aggregated the land use categories and the proposed TUMF Handbook only utilizes twelve categories and their associated TUMF fee as illustrated in the following table:

13 Land-use Category Residential Single-Family Detached Multi-Family, Mobile Home Nursing/Congregate Care Transit Oriented Development Low-Income Housing Non-Residential Industrial Office Fee per Unit $2,310/dwelling unit $1,330/dwelling unit $ 495/dwelling unit 15% discount Exempt from Fee $1,215/1,000SF $2,390/1,000SF Non-Residential (cont.) Retail $6,010/1,000SF Fuel Gas $8,610/dispenser Fuel Electric $ 91/dispenser Golf Course $ 920/acre Hotel $3,510/room As a courtesy, a copy of the draft Handbook was sent to the BIA and DVBA for their review three weeks ago. Exemptions The Executive Committee, in approving the 2018 TUMF Nexus Study also approved continuing the existing exemption for low-income housing. No other exemptions are allowed. Inflation The Executive Committee, in approving the 2018 TUMF Nexus Study, also approved an inflation factor, to be reviewed by CVAG s Executive Committee on an annual basis. The inflation factor for TUMF is the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index. The TUMF Program was last updated in in Inflation from 2006 to 2018 was 26%. The new TUMF trip rate is $245, which is 27.6% higher than the previous $192 rate from Fiscal Impact: The 2018 TUMF Handbook reflects the Executive Committee s prior approval to increase the overall trip rate from $192 to $245. This increase will result in additional TUMF revenue to fund future regional transportation projects that are identified in the TPPS. Only projects scoring above 7.5 points in the TPPS will be considered for funding until the TPPS and TUMF are updated again in the future. Attachments: Draft TUMF Handbook

14 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HANDBOOK Effective November 01, 2018

15 TABLE OF CONTENTS 1.0 Introduction and Purpose Standard Fee Calculations Standard Residential Fee Calculations Standard Non-Residential Fee Calculations Detailed Methodology for Residential Defined Use Types Single-Family, Detached Multi-Family/Mobile Home Parks Nursing Home/Congregate Care Transit-Oriented Development Low Income Housing Detailed Methodology for Non-Residential Defined Use Types Industrial Office Retail Fuel Filling Stations - Gasoline Fuel Filling Stations - Electric Multiple Land Uses on same development Golf Courses Hotel Exemptions. 14 1

16 1.0 INTRODUCTION AND PURPOSE PREFACE In 1987, the California Legislature passed a groundbreaking bill titled Assembly Bill 1600, also known as the Mitigation Fee Act. The bill outlined the legal requirements in which a development impact fee is charged by a local governmental agency to an applicant related to the approval of a development project. The fee was intended to pay for all or a portion of the costs of public facilities associated with that project. Two years later, in 1989, the Board of Supervisors of the County of Riverside drafted and adopted Ordinance No. 673, which outlines the establishment of a Transportation Uniform Mitigation Fee (TUMF) Program for the Coachella Valley. The fee would be imposed on future residential, commercial and industrial development within the jurisdiction. The TUMF program compliments the 20-year Measure A sales tax measure approved by the voters of Riverside County in November of Measure A was due to expire in 2009, but the Riverside County Transportation Commission adopted Ordinance following a 30-year extension by the voters in Measure A is currently slated to expire in At the time of its adoption, the intention was for the TUMF to generate at least the equivalent of Measure A funding toward the Regional Arterial System. Today, TUMF revenue provides less than its intended share of match toward Measure A funding. The TUMF is required to be updated periodically. To accomplish this, a Nexus Study is conducted to lawfully link projected growth in the Coachella Valley to the current Transportation Project Prioritization Study (TPPS) Program. CVAG has utilized a five-year period for its updates, seeking to maintain the fee level at a fair and equitable level as conditions change. On June 27, 2005, CVAG s General Assembly approved a modification of the CVAG boundaries as well as the TUMF collection boundary. CVAG updated the Transportation Project Prioritization Study in 2016 and conducted a Fee Schedule Nexus Study that was approved in April of Based on those documents, the Executive Committee approved the new $245 Fee Per Average Daily Trip for implementation on April 30, Subsequently, the TUMF collecting jurisdictions amended their TUMF ordinances and fee setting resolutions to reflect the new fees effective November 1, 2018, 30 days after adoption. The following provisions from the TUMF Handbook are provided as background information: The provisions of this TUMF Handbook shall apply only to new development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in a change of use and generates additional vehicular trips. No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the applicable jurisdiction. No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. No building or similar permit, shall be issued unless the applicant has paid the mitigation fee. 2

17 Mitigation fees shall be imposed and collected by the applicable jurisdiction at building permit issuance and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. The TUMF Handbook is the guiding document that jurisdictions and developers use to determine the TUMF costs of development. Based on the trip rate set by the Nexus Study, the actual fees to be charged to developers by land use category can be determined. The Institute of Transportation Engineers (ITE) is an organization of transportation professionals including transportation engineers, transportation planners, consultants, educators, technologists, and researchers. ITE has exhaustively analyzed different land uses with respect to trip-generation and publishes the ITE Trip Generation Manual. The ITE manual is the accepted industry standard with respect to trip generation data. CVAG has utilized the 10th Edition, published in 2017, for TUMF calculations. This handbook establishes the TUMF that shall apply to all land uses listed. It is possible that certain developments may not be listed in the land use categories defined in the fee schedule. In cases where such ambiguity exists, an authorized representative from CVAG will make a determination as to the applicable fee(s). An applicant who disputes any fee may file a written notice of appeal For a TUMF appeal, the applicant must pay the fee and then file an appeal letter with CVAG within 90 days. There is a non-refundable fee of $500 that must be submitted with the appeal. The applicant shall pay the fee as determined and then submit a letter to CVAG stating the reason for the appeal, a copy of the City receipt for the fee payment, and a check for $500 made out to CVAG. After CVAG receives the appeal letter, a hearing will be scheduled at a meeting of the Technical Advisory Committee (TAC). CVAG will notify the applicant of the time and date of the hearing. TAC will make a recommendation on granting or denying the appeal. The TAC recommendation will then go to the CVAG Executive Committee for final action. The Executive Committee shall hear the appeal within 60 days from original receipt of the appeal letter at CVAG, or soon thereafter, to make a decision. The decision of the Executive Committee is final. TUMF DEFINITIONS For the purposes of this Handbook, the following words and phrases shall have the meanings respectively ascribed to them as follows: Change of use means any change in the use of an existing building that results in the increase of vehicular trips. Coachella Valley Association of Governments, hereinafter CVAG, means the legal entity which will manage and administer the transportation uniform mitigation fee in accordance with the laws of the State of California. Development means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where development applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "Fee Study" means the TUMF Nexus Study prepared and approved by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein. 3

18 "Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. "Regional System" means the regional system of roads, streets and highways identified by CVAG in its Transportation Project Prioritization Study (TPPS) needed to accommodate growth in the Coachella Valley to the year Trip generation rate means the number of average weekday trips generated by a particular land use. The trip generation rate for each of the following land use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 10th edition, or as revised, calculated upon the measurement herein specified. Trip generation rates shall be calculated based upon the following measurements: 1. Residential. Single-family, multifamily, mobile homes and nursing/congregate care uses shall be calculated per dwelling unit. Transit Oriented Developments (TOD) shall receive a 15% discount on the calculated fee. Low Income housing is exempt from this fee. 2. Non-Residential. Industrial, office and retail uses shall be calculated per 1,000 square feet. 3. Fuel Dispensers for gas and electric. Fuel dispensers for gas and electric vehicles shall be calculated per dispensing unit. 4. Golf Courses. Golf courses shall be calculated per acre. 5. Hotel. Hotels shall be calculated per room. TUMF" means the Transportation Uniform Mitigation Fee established by the TUMF Nexus Study, approved by CVAG s Executive Committee on April 30, TUMF area means the CVAG TUMF boundary as established by the CVAG General Assembly and illustrated in Exhibit A of this Handbook. 4

19 Exhibit A 5

20 2.0 STANDARD FEE CALCULATIONS A standard methodology will be applied for calculating all TUMF obligations based on the rates for various land use categories. Fees associated with new residential development are to be calculated based on the prescribed TUMF rate and the total number of dwelling units associated with a new development. Similarly, fees for all new nonresidential developments are to be calculated based on the prescribed TUMF rate and the gross floor area, or as otherwise indicated. 2.1 Standard Residential Fee Calculations For calculating the TUMF obligation, residential dwelling units are defined as a building or portion, which is designed primarily for residential occupancy. Residential dwelling units may include, but are not limited to, detached houses, apartment homes, condominiums and mobile homes. Residential dwelling units do not include hotel and motel rooms. Residential TUMF obligations are calculated by multiplying the net increase in the total number of dwelling units associated with a new development by the appropriate residential land use category fee rate. Residential land use categories include single-family residential dwelling units, multi-family dwelling units, mobile homes and nursing/congregate care, as defined in the respective Handbook Sections. 2.2 Standard Non-Residential Fee Calculations For calculating the TUMF obligation, non-residential development is defined as retail, commercial and industrial development which is designed primarily for use as a business and is not intended for residential occupancy or dwelling use. The applicable non-residential land use category for a non-residential development is determined based on the predominate use of the building or structure associated with the new development and may be related to the underlying land use zoning of the new development site, as prescribed in the respective Handbook Sections. The TUMF non-residential land use categories were defined with reference to the socioeconomic data obtained from the Southern California Association of Governments (SCAG) and used as the basis for completing this Nexus Study analysis. The SCAG employment data is provided for employment sectors consistent with the California Employment Development Department (EDD) Major Groups, as shown in Table 2-1. Table 2.1 provides a table detailing the EDD Major Groups and corresponding North American Industry Classification System (NAICS) Categories that are included in each CVAG non-residential sector type. Table 2.1 should be used as a guide to determine the applicable non-residential TUMF land use category based on the predominate use of the buildings associated with the new development. Non-residential TUMF obligation are calculated by multiplying the net increase in the gross floor area of the buildings or structures associated with a new development by the appropriate non-residential land use category (or as otherwise indicated). The gross floor area of non-residential developments is defined as the sum, measured in square feet, of the area at each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of the exterior wall of the building or structure, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (at least 6 feet, 6 inches) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls of the building or structure is left un-roofed, the gross floor area of the un-roofed portion will be added to the overall square footage of the building for the non-residential fee calculation unless the unroofed area is solely provided for architectural or aesthetic purposes. 6

21 TABLE 2.1 CVAG TUMF SIC Code and Description INDUSTRIAL Agriculture 01 Agricultural - crops 02 Agricultural - livestock 07 Agricultural services 08 Forestry 09 Fishing, hunting and trapping Mining 10 Metal mining 12 Coal Mining 13 Oil and gas extraction 14 Non-metallic minerals, except fuels Construction 15 General building contractors 16 Heavy construction contracting 17 Special trade contractors Manufacturing 20 Food and kindred products 21 Tobacco manufacturers 22 Textile mill products 23 Apparel and other textile products 24 Lumber and wood products 25 Furniture and fixtures 26 Paper and allied products 27 Printing and publishing 28 Chemicals and allied products 29 Petroleum and coal products 30 Rubber and miscellaneous plastics products 31 Leather and leather products 32 Stone, clay, glass and concrete products 33 Primary metal industries 34 Fabricated metal products 35 Industrial machinery and equipment 36 Electrical and electronic equipment 37 Transportation equipment 38 Instruments and related products 39 Miscellaneous manufacturing industries Transportation 40 Railroads and Utilities 41 Local and interurban passenger transit 42 Motor freight transportation and warehousing 43 US Postal Service 44 Water Transportation 45 Transportation by air 46 Pipelines except natural gas 47 Transportation services 7

22 48 Communications 49 Electric, gas and sanitary services Wholesale 50 Wholesale trade - durable goods 51 Wholesale trade - nondurable goods RETAIL Retail 52 Building materials, hardware and garden supply 53 General merchandise stores 54 Food stores 55 Automotive dealers and gasoline service stations 56 Apparel and accessory stores 57 Furniture, home furnishings and equipment stores 58 Eating and drinking places 78 Motion pictures 79 Amusement and recreational services 59 Miscellaneous retail HOTELS 70 Hotels, rooming houses, camps and lodging places OFFICE Finance 60 Depository institutions 61 Non-depository credit institutions 62 Security, commodity brokers and services 63 Insurance carriers 64 Insurance agents, brokers and services 65 Real estate 67 Holding and other investment offices Service 72 Personal services 73 Business services 75 Automotive repair, services and parking 80 Health services 81 Legal services 82 Educational services 83 Social services 84 Museums, art galleries, botanical and zoological garden 86 Membership organization 87 Engineering and management services 88 Private households 89 Miscellaneous services Government 91 Executive, legislative and general government 92 Justice, public sector and safety 93 Finance, taxation, and monetary policy 94 Administration of human resources 95 Environmental quality and housing 96 Administration of economic programs 97 National security and international affairs 8

23 For certain non-residential land use types that have been explicitly defined in this handbook (herein referred to as defined use ) un-enclosed un-roofed areas and un-enclosed roofed spaces that are integral to the performance of the principal business of the site will be added to the overall square footage of any buildings or structures associated with a new development for the purpose of fee calculation. Defined land use categories are listed in Table 2.2 below. Table 2.2 Land Use Category Fee Per Unit 1 Residential Single Family Detached Multi-Family/Mobile Home Park Nursing/Congregate Care $2,310/dwelling unit $1,330/dwelling unit $ 495/dwelling unit Non-Residential Industrial $1,215/1000 sq. ft. Office $2,390/1000 sq. ft. Retail 2 $6,010/1000 sq. ft. Fuel Dispensers - Gas $8,610/dispensing unit Fuel Dispensers Electric $ 91/dispensing unit Multiple Land Uses See Section 5.0 Golf Courses $ 920/acre Hotel $3,510/room 1- Derived by multiplying the ITE trip rate by fee/trip of $245/trip. 2- Retail TUMF is reduced by 35% percent to account for linked and pass-through trips. 9

24 3.0 DETAILED METHODOLOGY FOR RESIDENTIAL DEFINED USE TYPES As mentioned in Section 1.0, the ITE manual is the accepted industry standard with respect to trip generation data. CVAG has utilized the ITE Trip Generation Manual (10th Edition), published in 2017, as the methodology for calculating trip generation in the TUMF calculations. It should be noted that any additions and/or improvements to an existing dwelling unit will not be subject to implementation of the TUMF unless, the addition/improvement creates an additional dwelling unit. The following defines each of the residential land use types and the trip generation rates for calculating the TUMF for each. 3.1 Single-Family Detached Single-Family detached is a home on an individual lot, including subdivisions with public streets, or dwelling units within planned unit development. This also includes mobile homes not in a mobile home park. The TUMF obligation for this category and for mobile homes to be located on individually owned lots will be considered single-family dwelling units will be calculated using the ITE Manual Trip Generation rate of 9.44 on a per dwelling unit basis. 3.2 Multi-Family and Mobile Home Parks Includes all multiple-family dwelling units. Typical uses include, but are not limited to, high-rise and low-rise apartments, high-rise and low-rise condominium, and mobile home parks. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 5.44 on a per dwelling unit basis. A mobile home park is a planned development designed to accommodate mobile homes for recreational vehicles on individual pad sites, for lease or rent. The TUMF will be required to be paid in full by the mobile home park developer at the time of building permit, with the TUMF obligation at the Multi-Family detached rate of Nursing/Congregate Care Nursing/Congregate Care uses include, but are not limited to, nursing homes, group homes, correctional facilities, mental hospitals, college dormitories, military barracks, missions and shelters. Nursing/Congregate Care uses typically provide a group of rooms with shared living quarters for unrelated persons. Occupants of Nursing/Congregate Care uses live and eat together with other persons in the building sharing at a minimum communal kitchen, dining and living facilities. All Nursing/Congregate Care uses will be considered residential service use types. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 2.02 on a per dwelling unit basis. 3.4 Transit-Oriented Development A Transit Oriented Development (TOD), is a development project consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use if located within ½ mile of a transit station and with direct walking access to the station, within ½ mile of convenience retail uses including a store that sells food, and with a maximum number of parking spaces as required by state statute or local ordinance. Consistent 10

25 with California Government Code , a reduction in any transportation related fee for residential developments must be provided. For calculating the TUMF obligation, a 15% factor reflecting the reduction in automobile trip generation associated with residential TOD will be applied to the standard residential TUMF obligation. This is based on a California study (Effects of TOD on housing parking, and travel; R. Cervero et al.; TCRP report 128; 2008). The discount will only be given to residential development projects that pay TUMF. Documentation will be submitted with the development application as the basis for determining the eligibility of the residential land use as a TOD and will include a validation of a transit hub (California Government Code ) by Sunline Transit Agency. Documentation will include a site plan indicating that at least 50% of the floorspace of the development is dedicated to residential use and the required number of parking spaces associated with the subject development. Documentation will also include a map showing the location of the subject development circled with a ½ mile radius, as well as the location of a transit station(s), the location of diverse uses and direct walking routes of ½ mile or less between the subject development and the listed uses to justify that the development satisfies the characteristics of TOD. 3.5 Low Income Housing Low and lower-income residential housing includes single-family homes, apartments, and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the applicable legislative body or its designee. Exemptions granted for Low Income housing must be reported in the jurisdiction s monthly TUMF report. Low Income Housing is EXEMPT from paying TUMF obligations. For rental housing, the units shall be made available, rented and restricted to low-income households (as defined in Health and Safety Code Section and Section 50053) at an affordable rent for a period of at least fiftyfive (55) years after the issuance of a certificate of occupancy for new residential development. A restricted covenant shall be recorded with the County and shall run with the land for the term of fifty-five (55) years to qualify for the exemption. For for-sale housing units, the units shall be sold to persons or families of low income (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser s monthly housing cost to exceed affordable housing cost (as defined in Health and Safety Code Section ). Affordable units that are for-sale housing units shall be restricted to ownership by persons and families of low income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development. A restricted covenant shall be recorded with the County and shall run with the land for the term of forty-five (45) years to qualify for the exemption. 11

26 4.0 DETAILED METHODOLOGY FOR NON-RESIDENTIAL LAND USE TYPES The following defines each of the non-residential land use types and the trip generation rates for calculating the TUMF for each. Additions of less than 1,000 square feet to non-residential development will not be subject to imposition of the TUMF. 4.1 Industrial Industrial land-uses include all light manufacturing, industrial parks, warehousing, mini-warehousing and utilities. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 4.96 on a per 1,000SF basis. 4.2 Office The office building category includes all office-related uses. This category includes, but is not limited to, general office buildings, corporate headquarters, public facilities, medical office buildings, research centers, office parks, business parks, insurance offices, trade schools and other training centers. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 9.74 on a per 1,000SF basis. 4.3 Retail The retail category includes all sales tax producing retail related uses. This category includes, but is not limited to, retail, general merchandise, specialty retail centers, discount stores, hardware/paint stores, beauty salons, supermarkets, wholesale markets, apparel stores, furniture stores, and automotive parts/supply stores. The cost per trip of $245 established in the 2018 TUMF Nexus Study is reduced by 35% to $ for Retail land uses to account for linked and pass-through trips. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of on a per 1,000SF basis. The rate of represents an average for all Retail land-use categories Fuel Dispensers (Gasoline) For calculating the TUMF obligation, all types of fuel filling stations or facilities with fuel filling positions will be considered retail use types. The methodology described as follows will be applied to determine the gross floor area for calculating the TUMF obligation for all types of gasoline fuel filling stations or facilities with fuel filling positions (for the example calculation assume a fuel filling station with 12 fuel filling positions and a building area of 3,000 square feet). The total number of fuel dispensers is equal to the maximum number of vehicles that could be supplied with fuel at the same time. 1. Multiply the total number of fuel filling positions by 1,403.8 square feet. The 1,403.8 SF number was derived from national ITE data for service stations. (i.e. for the example station it is 12 x 1,403.8 = 16,846 square feet) 2. Determine the total floor area of buildings on the site noting that the canopy area is not included as part of the gross floor area of the buildings on the site. (i.e. for the example station it is 3,000 square feet) 12

27 3. Compare the results for steps 1 and 2 and use the greater of the two values as the gross floor area to calculate the TUMF obligation calculations. (i.e. 16,846 > 3,000; for the example station TUMF would be calculated for 16,846 square feet) TUMF Obligation for example = 16,846/1,000 x x $ = $101, Electric Vehicle Supply Equipment Charging Stations For calculating the TUMF obligation, stand-alone businesses with the primary purpose of providing publicly accessible Electric Vehicle Supply Equipment (EVSE) are designated as EVSE charging stations and will be considered retail use types. The methodology described as follows will be applied to determine the gross floor area for calculating the TUMF obligation for all types of EVSE charging stations. Multiply the total number of EVSE charging units by 14.9 SF. The 14.9 SF number was derived from national data for Electric Vehicle Supply stations (The EV Project). The total number of EVSE charging units is equal to the maximum number of vehicles that could be connected for charging at the same time. EVSE located within a residential or non-residential use type, where the residential or non-residential use is the primary use of the site, and the EVSE is for the sole and exclusive use of residents, employees and/or customers of the same premises, are ancillary to the primary residential or non-residential use of the site. There is no additional TUMF obligation for EVSE located within a residential or nonresidential use type for the sole and exclusive use of residents, employees and/or customers of the same premises. 4.4 Multiple Land Uses on Same Development For determining the TUMF obligation, developments with multiple land uses on the same project are split into separate categories (retail, industrial, office). TUMF obligation for these projects will be calculated based on the separate gross floor areas of all uses associated with the project, calculated at their respective rates. For example, an automobile dealership TUMF obligations would be calculated based upon vehicle sales floor area (retail), auto service bay areas (industrial) and administrative offices (office). The TUMF will be paid at their respective rates Golf Courses For calculating the TUMF obligation, all public and private golf courses are considered to be their own land use type. The methodology will be applied to determine the acreage area and other buildings (i.e., clubhouse, pro shop, restaurants, office) for calculating the fee obligation for all public and private golf courses. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 3.74 on a per acre basis for the golf course, and the applicable ITE Manual Trip Generation rate for additional land uses incorporated into the development, similar to Section 5.4 for multiple land uses on the same development. 4.6 Hotel The Hotel land-use category includes all hotels and motels, including all-suite and resort hotels. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of on a per room basis. 13

28 5.0 Exemptions Low Income Housing is EXEMPT from paying TUMF obligations. 14

29 ITEM 7C Staff Report Subject: Contact: TUMF Ordinance Eric Cowle, Transportation Program Manager Recommendation: Approve the 2018 TUMF Model Ordinance. Background: CVAG s Executive Committee approved the 2018 TUMF Nexus Study at their April 30, 2018 meeting. To formalize the Study s findings and implement the Transportation uniform Mitigation Fee (TUMF), CVAG has updated the model ordinance, reflecting changes in the TUMF Program. Notable changes include fewer land uses, fewer exemptions, an annual inflation calculation, a reduction in Transportation Project Prioritization Study (TPPS) projects and a new trip rate. Individual jurisdictions will prepare Resolutions to adopt the TUMF Ordinance at the local level. It is anticipated that with this Ordinance approved in June, that individual jurisdictions will be able to adopt a resolution implementing the Ordinance by the end of October Fiscal Impact: Approval of the 2018 TUMF Ordinance allows the individual jurisdictions to approve local resolutions which will allow the new TUMF to be implemented. The new TUMF includes an increase in the overall trip rate from $192/trip to $245/trip. This increase will result in additional TUMF revenue to fund future regional transportation projects of the TPPS. Attachments: Draft 2018 TUMF Model Ordinance

30 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMENDING CHAPTER OF THE MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES WHEREAS, the City of ** ("City") is a Member Agency of the Coachella Valley Association of Governments ( CVAG ), a joint powers agency consisting of the County of Riverside ("County"), the Aqua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the Regional System ) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on new development within the jurisdiction; and WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the 1987 Coachella Valley Area Transportation Study ("1987 Transportation Study") prepared pursuant to the Mitigation Fee Act (Government Code section et seq.) and based on the 1987 Transportation Study, the City adopted and implemented CVAG's model TUMF ordinance as Municipal Code Chapter ; WHEREAS, CVAG commissioned Michael Baker International, Inc. to prepare an updated TUMF study entitled " Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report", dated March 2018 ( 2018 Nexus Study") to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the 2018 Nexus Study revealed the need to revise the provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act which governs the adoption and implementation of development impact fees and to reflect the findings of the 2018 Nexus Study; and

31 WHEREAS, by notice duly given and posted, on, the City Council conducted a public hearing to consider approval of the 2018 Nexus Study and this Ordinance; and WHEREAS, at the time and place set for the hearing, the City Council duly considered the data and information provided by CVAG, City staff and the public relative to the TUMF and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOES HEREBY ORDAIN AS FOLLOWS: Section 1. REVISED CHAPTER "TRANSPORTATION UNIFORM MITIGATION FEE" Municipal Code Chapter, "Transportation Uniform Mitigation Fee" is hereby amended to read as follows: Chapter Transportation Uniform Mitigation Fee _*. Purpose, use and findings. The City Council finds and determines as follows: A. The City is a Member Agency of the Coachella Valley Association of Governments ( CVAG ), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "Member Agencies"). B. Acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the Regional System ) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction.

32 C. That CVAG commissioned the preparation of various studies ("Fee Studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets. D. That the Fee Studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program. E. That the Fee Studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year F. That the Fee Studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of the Regional System improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. G. That the Fee Studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed. H. That the Fee Studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF. I. That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. J. That the projects and methodology identified in the Fee Studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the City s General Plan.

33 K. That the TUMF program complies with the provisions of the Mitigation Fee Act.. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows: Change of use means any change in the use of an existing building that results in the increase of vehicular trips. Coachella Valley means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella Unified School District within Riverside. Coachella Valley Association of Governments, hereinafter CVAG, means the legal entity which will manage and administer the transportation uniform mitigation fee in accordance with the laws of the State of California. Development means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where development applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "Fee Study" means the studies prepared by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein. "Impact Fee Schedule" means the schedule of development impact fees approved by resolution of the City Council. "Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. "Regional System" means the regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS) to accommodate growth in the Coachella Valley to the year Only those projects scoring above 7.5 points in the TPPS are included for TUMF consideration.

34 "Transportation Mitigation Trust Fund" means the fund established pursuant to this chapter. Trip generation rate means the number of average weekday trips generated by a particular land use. The trip generation rate for each of the following land use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 10th edition, or as revised, calculated upon the measurement herein specified. Trip generation rates shall be calculated based upon the following measurement: 1. Residential. Single-family, multifamily, mobile homes and nursing/congregate care uses shall be calculated per dwelling unit. Transit Oriented Developments (TOD) shall receive a 15% discount on the calculated fee. Low Income housing is exempt from this fee. 2. Non-Residential. Industrial, mini-warehouse, office and retail uses shall be calculated per 1,000 square feet. 3. Fuel Dispensers for gas and electric. Dispensers for gas and electric shall be calculated per dispensing unit. 4. Golf Courses. Golf courses shall be calculated per acre. 5. Hotel. Hotels shall be calculated per room. TUMF area means the CVAG and TUMF boundary as established by the CVAG General Assembly. TUMF" means the Transportation Uniform Mitigation Fee established by this chapter.. Fee Established A. There is established a Transportation Uniform Mitigation Fee ("TUMF"), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. B. The facilities to be funded by the TUMF are detailed in the Fee Study, which is on file with the City's Public Works Department. C. The TUMF is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments.. Fund Established

35 A. There is established a Transportation Mitigation Trust Fund ("Trust Fund") into which TUMF proceeds shall be deposited. B. TUMF proceeds shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Trust Fund. All interest or other earnings of the Trust Fund shall be credited to the Trust Fund. C. CVAG shall administer the Trust Fund in accordance with the Mitigation Fee Act.. Calculation and Collection of the TUMF A. The method of calculating the TUMF shall be described in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the City's Public Works Department. B. The amount of the fees due shall be the amount set forth in the applicable Impact Fee Schedule in effect at the time each fee is due. The TUMF shall be collected pursuant to the City's established procedures for the collection of development impact fees.. Use Restrictions TUMF proceeds shall be solely used for the engineering, construction and acquisition of the Regional System improvements identified in the Fee Study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for Regional System maintenance.. Exemptions A. The following developments are exempted from payment of the fee required by this chapter: 1. Low and lower-income residential housing, including singlefamily homes, apartments and mobile homes built for those whose income is no more than eighty percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the City Council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines.

36 . Appeal Procedures A. Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with CVAG within ninety days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act. B. The appeal shall be heard by the CVAG Executive Committee in accordance with CVAG's established policies and procedures for conducting such matters. The decision of the Executive Committee shall be final. Section 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. [Each participating city to insert its own standard ordinance provisions and signature block]

37 ITEM 7D Staff Report Subject: Contact: Madison Street Improvement Project Eric Cowle, Transportation Program Manager Recommendation: Approve Amendment #3 to the Reimbursement Agreement with the City of Indio for the Madison Street Improvement Project, adding an additional not-toexceed amount of $5,527,294 and bringing CVAG s total regional share to $24,195,474. Background: The Reimbursement Agreement with the City of Indio for the Madison Street Improvement Project was approved by CVAG s Executive Committee in The agreement was for $34,687,500, which included design, right-of-way and construction for improvements on Madison Street from Avenue 50 to Indio Boulevard. Amendment #1 was executed in 2009, extending the project limits to Avenue 52, and raising the total project cost to $37,417,500. In 2010, Amendment #2 was executed, de-obligating $18,740,000 in construction funding for the section of Madison Street between Miles Avenue and Fred Waring Drive. As designed progressed, it became apparent that the cost of the bridge over the Whitewater River and the Coachella Canal was too costly, therefore, the funding was de-obligated. The result put CVAG s obligation, through construction of the remainder of the project at $18,677,500. As indicated in the attached letter, the City of Indio is ready to begin construction of one of the two remaining sections of the Madison Street Improvement Project. Having already received bids for a portion of this remaining work, the City has revised the total cost of the entire project. CVAG s 75% of the cost increase is estimated to be $5,527,294.00, which would amount to an increase of approximately 30% of CVAG s total obligation to $24,195,474. The City of Indio has presented several items that have caused the significant increase in cost. First, the original cost estimates were prepared in 2007, more than a decade ago. Additionally, the following were not included in the original estimate: IID pole relocations CVWD irrigation and sewer line relocations Extending the existing box culvert at Madison Street Extensive right-of-way costs Fiscal Impact: The City estimates that construction of the total Madison Street Improvement Project will cost an additional $7,370,632. That puts CVAG s share of the cost increase at $5,527,294. CVAG has transportation funding available to cover this not-to-exceed amount. Attachments: City of Indio request letter

38

39

40

41

42 ITEM 8a Staff Report Subject: Contact: Status of I-10 Interchange Projects Eric V. Cowle, Transportation Program Manager Recommendation: Receive and File Background: Attached is the latest status report for I-10 interchange projects as of 5/01/2018. Completed 1) Indian I-10 (Mar 12) 4) Monterey Avenue I-10 (Apr 15) 2) Gene Autry/Palm I-10 (Mar 12) 5) Bob I-10 (Sep 11) 3) Date Palm I-10 (May 14) 6) Jefferson I-10 Construction 99% complete. Completing punchlist. I-10 Final PA & ED expected early 2018 for public distribution I-10 Project Study Report (PSR) completed. PA & ED initiated. I-10 Project Study Report (PSR) completed. PA & ED initiated. Ave I-10 PS&E contract under way. Dillon SR86 Re-validating Preliminary Design and Environmental Document. Golf Center I-10 PSR on hold. FISCAL ANALYSIS: Funding for all of the interchange projects has been budgeted for through the project phase indicated, and secured through various funding sources so there is no additional fiscal impact.

43 ITEM 8b COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regionial Arterial Program - Project Status Report 5/29/2018 Lead CVAG Funded Project Description Agency PEng ENV PSE ROW CON Through Status Interchanges Avenue 86S COA Environmental PA & ED underway Avenue I-10 COA PSE PS&E at 95%, ROW initiated I-10 COR Construction Constrution 99% complete I-10 PD/COR Construction The final PA&ED approval is expected to be in Springs of Golf Center I-10 Indio PSR PSR on hold. Dillon I-10, SR86, WWR COA PSR Re-validating Preliminary Design and Environmental Document to comply w/nepa I-10 Indio PSR In Environmental PAED. Final ED scheduled for 2/2020 I-10 Indio PSR In Environmental PAED. Final ED scheduled for 2/2020 Arterial Links Ave. 48 (Jackson St. to Van Buren St.) COA Construction NEPA process ongoing. Construction anticipated spring 2018 Ave. 50 (Calhoun St. to Harrison St) COA Construction PA/ED under way North Indian Canyon Widening COR/DHS/PS Construction Currently in Design. Phase I paving completed. Hwy. 111 (Rubidoux to 760' west of Madison St.) Indio Construction Construction underway. Jackson Street Signal Improvements Indio Construction Construction underway. Madison St. (Ave 52 to Ave 50) Indio Construction Final phase construction to start in May/June of Bridges Avenue 66 Grade Separation over UPRR COR Construction completing design & env process Avenue 44 Bridge over WWR Indio Construction Environmental approved. Currently under design (T.Y. Lin) Avenue 50 Bridge over WWR COA Environmental Caltrans approved PES Mar 23; Hist, bio, air, noise, hydraulic studies submitted. Cathedral Canyon Bridge CC Construction Prelim Eng complete, ROW Cert Dec 2017, Constr Bid Spring 2018, start Fall Date Palm Bridge (Across WWR) CC Construction Construction underway. Completion anticipated Sep Dune Palms Bridge over WWR LQ Construction NEPA, CEQA clearances early 2018; RW begins May 2018; Const late 2019 Frank Sinatra Bridge over WWR RM Construction In Final Design, Construction anticipated mid-2019 South Palm Canyon Bridge over Tahquitz Creek PS PSE NEPA and CEQA approved. Project is currently in Final Design. Constr late East Palm Canyon Drive Bridge over Palm Canyon Wash PS PSE Environmental and ROW. Constr by fall of Indian Canyon (fr. Garnet to & Incl. RR Crossing) PS Construction ROW, Utility relocations and PS&E. Constr fall Ramon Bridge Widening PS Construction Continuing ROW negotiations, complete in early Constr in Vista Chino Bridge over WWR PS Prelim Engin Continuing Consultant selection for PS&E Phase. Expect to award April 2018 COR-County of Riverside; RM-Rancho Mirage; IW-Indian Wells; PD-Palm Desert, PS-Palm Springs; CC-Cathedral City; COA-Coachella LQ-La Quinta; PEng=Preliminary Engineering; Env=Environmental; PSE=Plans, Specifications and Estimate; ROW=Right of Way; CON=Construction

44 ITEM 8c COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Bicycle/Pedestrian Safety Program - Project Status Report 5/29/2018 Lead CVAG Funded Project Description Agency Design CON Through Status Bike/Ped Safety Projects Palm Drive Signals and Lighting DHS Construction Under Design, construction summer 2018 Palm Canyon intersection Pedestrian Enhancements PS Construction Design at 35%, Construction by November 2018 S. Palm Canyon, E. Palm Canyon Improvements PS Construction Design at 35%, Construction by November 2018 Indian Canyon Intersection Pedestrian Enhancements PS Construction Design at 95%. Construction anticipated Summer 2018 Date Palm Sidewalk Gaps CC Construction Design at 30%. Construction anticipated late Summer 2018 Calhoun Street Improvements Indio Construction Design at 95%. Bid by May 31. Construction anticipated Summer 2018 Vista Chino Signals PS Construction Plans at 95%. Experiencing Caltrans Approval Delays Dinah Shore Mid-block Crossing CC Construction Design at 35%, construction late summer 2018 Palm Canyon Cross-walks PS Construction Anticipate filing Notice of Completion in June 2018 Avenue 48 Bicycle Lanes Indio Construction On Hold. Design Complete, construction pending ATP Grant Results COR-County of Riverside; RM-Rancho Mirage; IW-Indian Wells; PD-Palm Desert, PS-Palm Springs; CC-Cathedral City; COA-Coachella LQ-La Quinta;

45 ITEM 8d 2018 TRANSPORTATION COMMITTEE ATTENDANCE ROSTER CVAG JURISDICTION JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Blythe * - - H - - Cathedral City * - - H - - Coachella * - - H - - Desert Hot Springs * - - H - - Indian Wells * - - H - - Indio * - - H - - La Quinta * - - H - - Palm Desert * - - H - - Palm Springs * - - H - - Rancho Mirage * - - H - - Riverside County * - - H - - Agua Caliente Band of Cahuilla Indians * - - H - - Absent No Meeting * Scheduled Dark Month - Holiday H