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HomeMy WebLinkAboutPH 1 TRANSP MGT FEES 05-06-91jATE: TO: FROM: APRIL 16, 1991 WILLIAM A. HUSTON, CITY MANAGER CONGESTION MANAGEMENT TEAM PUBLIC HEARING N0. 1 5-6-91 Inter - Com SUBJECT: RESOLUTION NO. 91-49 ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT FEES FOR SPECIFIED NEW DEVELOPMENT PROJECTS RECOMMENDATION It is recommended that the City Council, at their meeting of May 6, 1991, adopt Resolution No. 91-49 establishing Transportation Demand Management Fees for Specified New Development Projects. BACKGROUND AND DISCUSSION On April 15, 1991, the City Council approved Ordinance No. 1062 by adopting Transportation Demand Management (TDM) Requirements for Specified New Development Projects. This ordinance is a part of the overall requirements of the County -wide Congestion Management Program (CMP) mandated by the State, and will take effect on May 15, 1991. Ordinance No. 1062 specifies certain actions which must be taken by developers of non-residential projects with employment projections of 100 or more. More specifically, provisions of the ordinance require the submittal of a Trip Reduction/TDM Strategy Plan and an Annual Compliance Report to the City. In addition, to administer review of each report and additional enforcement of the ordinance, the ordinance provides a mechanism for collection of certain fees for recovery of City costs and penalties by resolution of the City Council, as follows: 1. A Trip Reduction/TDM Strategy Plan Review Fee at the time of initial project application. 2. A subsequent Annual Compliance Report Fee at the time that each Trip Reduction/TDM Strategy Report is submitted. 3. A penalty fee if the Annual Report is not submitted within 30 days following written notice from the City Traffic Engineer or his/her designee. 4. A penalty fee if an initial Trip Reduction/TDM Strategy Plan or subsequent Annual Report modification is not implemented as approved by the City Traffic Engineer or his/her designee. TDM Fees Memorandum Page 2 5. If non-compliance or reasonable progress is not completed or remedied following requested modification by the City, the City may impose a Performance Penalty Fee. 6. An applicant may request a variance from certain Facility Standards contained in the ordinance upon submittal of a written request to the City Community Development Department and accompanied by a fee. 7. Any decision made by the City Traffic Engineer may be appealed to the Planning Commission upon submittal of a written request to the City of Tustin Community Development Department and accompanied by a fee. ANALYSIS An in-depth analysis has been conducted by staff to determine the internal organizational roles and staff activities required to implement the Transportation Demand Management Program, in order to determine the appropriate review, penalty, variance, and appeal fees. Based upon this analysis, it was determined that the review fees should be based upon the direct labor costs and overhead anticipated to be incurred during the review process. This mechanism would enable the City to recover direct expenses associated with implementation of the program, thereby placing the financial burden directly upon each development project. The labor costs utilized for this analysis are included as Attachment I. As a second step in the analysis, staff estimated the actual average number of productive hours that would be spent on each specific type of review required by Ordinance No. 1062 (see Attachment II). As noted in Attachment II, hours were then multiplied by hourly rates and City overhead costs to determine the justified cost of review and processing of each action required. Based on this analysis, the following review fees are recommended: Recommended Type of Review Fee TDM Strategy Plan 450 Annual Compliance Report 850 Late Submittal Fee 580 TDM Ordinance Variance or Appeal Fee 385 It is also recommended that the above fees adjust annually in accordance with adjustments to the Consumer Price Index. TDM Fees Memorandum Page 3 Pursuant to Ordinance No. 1062, a Performance Penalty Fee would also be established at the time of the initial Trip Reduction/TDM Strategy Plan Review, in accordance with the formula established by resolution of the City Council. The Performance Penalty Fee would be equal to the estimated cost of implementation of the Trip Reduction/TDM program submitted for each individual project or the cost per vehicle trip to be reduced (the performance requirement) multiplied by the number of vehicle trips in excess of the performance requirement. It is also recommended that the Performance Penalty Fee amount be adjusted annually in accordance with the previous year's Consumer Price Index adjustment. If during the Annual Compliance Report Review it is determined that the established Trip Reduction/TDM objectives have not been met, the City will notify the property owner in writing. The property owner would then have 30 days to respond with a written plan to meet the established performance requirement within 180 days. At the end of the 180 day period, the property owner would be required to pay a Performance Penalty Fee in proportion to the number of peak hour vehicle trips in excess of the performance requirement. The Performance Penalty Fees would be deposited into an isolated account specifically earmarked for transportation system improvements. An example of how the Penalty Fee formula would work is included as Attachment III. CONCLUSION As stated earlier, an in-depth analysis was conducted by staff in order to determine the most appropriate fees for the Trip Reduction/TDM Program. The fees presented in this report will assist in mitigating the actual costs and impacts that the various TDM program requirements will have on the City. Christine A. Shine eton Assistant City Manager CAS:RSL:lmh:tdmitem Attachments Robert S. Ledendecker Director of Public Works/ City Engineer ATTACHMENT I Comprehensive Personnel Cost Analysis for Certian Administrative Review and Enforcement Actions Required by Ordinance 1062 Public Works Department Costs No. Title Hourly Rate 1. Secretary $15.80 2. Assoc. Civil Eng. 26.89 3. Transportation Eng. 26.89 4. Eng. Svcs. Mgr. 35.04 5. Dir. of PW/City Eng. 40.27 ommunity Development Department Costs Benefits $4.11 6.99 6.99 9.11 10.47 Total Cost Per Man -Hour $19.91 33.88 33.88 44.15 50.74 Total Cost No. Title Hourly Rate Benefits Per Man -Hour 6. Dir. of Cmmty. Dvlp. 42.07 10.94 53.01 7. Assistant Directbr 32.41 8.43 40.84 8. Senior Planner 26.65 6.93 33.58 9. Assoc. Planner 21.73 5.65 27.38 10. Dept. Clerk 13.60 3.54 17.14 ATTACHMENT II Review Fee Analysis The following matrices have been developed based upon the personnel data contained in Attachment I and an analysis of the identified specific tasks required during the review, evaluation and approval process for the Trip Reduction/TDM Strategy Plan Review, the Annual Compliance Report Review, and Late Submittal Review, variances and appeals: TR/TDM Strategy Plan Review - Estimate of Costs 1.5 2.0 1.0 Task Man Hours By Position Number 1 2 3 4 5 Tasks 6.0 2.0 0.25 3.0 2.0 Receipt/Processing 1.5 $19.91 33.88 33.88 Plan Review & Analysis 1.5 2.0 1.0 Report Preparation 2.0 0.5 2.5 1.0 0.25 Total Man-hours 3.5 2.0 4.5 2.0 0.25 Cost per Man-hour $19.91 33.88 33.88 44.15 50.74 Costs by Position $69.69 67.76 152.46 88.30 12.69 ital Estimate of Direct Labor Costs (All Positions) $390.90 ..ty Overhead (14%) 55.00 Recommended TR/TDM Strategy Plan Review Fee $450.00 Annual Compliance Report Review - Estimate of Costs Tasks Receipt/Processing Report Review & Analysis Existing Document Review Site Review Report Preparation Total Man-hours Cost per Man-hour Task Man Hours By Position Number 1 2 3 4 5 0.5 1.5 2.0 1.0 0.5 1.5 4.0 2.5 0.5 6.0 2.0 0.25 3.0 2.0 12.5 4.0 0.25 $19.91 33.88 33.88 44.15 50.74 Costs by Position $59.73 67.76 423.50 176.60 12.69 Total Estimate of Direct Labor Costs (All Positions) $740.28 City Overhead (14%) 105.00 Recommended Annual Compliance Report Review Fee $850.00 ATTACHMENT II (CONTINUED) Late Submittal Fee - Estimate of Costs Task Man Hours By Position Number 1 2 3 4 5 Tasks Review for Preparation of Late Notice 1.0 0.5 2.0 0.25 Receipt/Processing 1.5 0.25 Plan Routing/Coord. 0.25 0.5 0.5 0.25 Plan Review & Analysis 1.5 2.0 1.0 Report Preparation 2.0 0.5 2.5 1.0 0.25 Total Man-hours 4.5 2.5 6.5 2.25 0.25 Cost per Man-hour $19.91 33.88 33.88 44.15 50.74 Costs by Position $89.60 84.70 220.22 99.34 12.69 Total Estimate of Direct Labor Costs (All Positions) 0.5 $506.55 City Overhead (14%) .75 Hearing Attendance 0.25 0.25 71.00 Recommended Late Submittal Fee 0.5 0.5 1.0 0.25 1.5 5.0 $580.00 Late Submittal Fee - Estimate of Costs Task Man Hours By Position Number 1 3 4 6 7 8 9 10 Tasks Review for Completeness 0.25 0.50 0.25 Plan Routing/Coord. 0.25 0.5 0.5 0.25 Hearing Notice 0.25 0.25 0.25 Mailing 1.0 0.50 Posting 0.25 Commission or Council Report Preparation 0.5 1.0 3.0 .75 Hearing Attendance 0.25 0.25 0.25 0.25 Total Man-hours 0.25 0.5 0.5 1.0 0.25 1.5 5.0 2.25 Cost per Man-hour $15.80 26.89 35.04 42.07 32.41 26.65 21.73 13.60 Costs by Position $9.95 16.94 22.01 53.01 10.21 56.25 136.90 38.57 Total Estimate of Direct Labor Costs (All Positions) $337.84 City Overhead (140) 47.30 Recommended TDM Variance and Appeal Fee $385.00 ATTACHMENT III Performance Penalty Fee "An Example" The "ABC" Company submits a Trip Reduction/TDM Strategy Plan with a projection of 1,500 vehicle trips based on trip generation projections of the Institute of Traffic Engineers. Thus, to meet the Average Vehicle Ridership (AVR) goal of 1.5, The "ABC" Company must decrease vehicle trips by 500, making the performance requirement 1,000 vehicle trips. It is also determined by the City during this initial review that the Trip Reduction/TDM program would cost $20,000 to implement. The Performance Penalty Fee for this project is then set at $20,000 or the cost per vehicle trip to be reduced ($20,000 divided by 500), which in this case equals $40.00, multiplied by the number of vehicle trips in excess of the performance requirement. This amount will adjust yearly in accordance with the previous year's Consumer Price Index adjustment. One year later, The "ABC" Company receives their Annual Compliance Report Review. It has been determined that they are not complying with the performance requirement and are notified in writing. The "ABC" Company must then submit, within 30 days, a plan to meet the performance requirement with 180 days. At the end of the 180 day period, The "ABC" Company must submit a -ised Annual Compliance Report which is then reviewed by the City. Upon iew, it is determined that the performance requirement is exceeded by 327 vehicle trips. Therefore, The "ABC" Company's Performance Penalty Fee (E in the example below) is calculated as follows: Performance Penalty Fee Formula A = Cost of Trip Reduction/TDM Program set during initial review B = Number of vehicle trips to be reduced C = A/B = Performance Penalty Fee per vehicle trip in excess of the performance requirement D = Number of vehicle trips in excess of performance requirement E = CxD = Total Performance Penalty Fee to be assessed The "ABC" Company $20,000/500 $40 x 327 $20,000 500 $40 327 $13,080.00