City of Lafayette Staff Report

Transcription

1 City of Lafayette Staff Report For: By: Meeting Date: Subject: City Council Tony Coe, City Engineer February 23,2015 Ordinance and Resolution Setting Encroachment Fees Background Last October the City Council discussed and agreed to a framework to establish fee surcharges for the use of the public right-of-way by private construction projects. These fees would be levied on top of the standard encroachment permit processing and inspection fees against private projects conducting activities in or occupying different parts of the right-of-way, such as traffic and bike lanes, parking spaces, and sidewalks. The Coimcil has agreed to limit the surcharges to only downtown areas and highly-trafficked streets with average daily traffic greater than 5,000 vehicles. The delineation of these applicable areas is included in the draft ordinance establishing the fees. Recommendation 1. Introduce Ordinance No. 638 adding Chapter 3-2 of the Lafayette Municipal Code to provide for an encroachment permit schedule of charges. 2. Adopt Resolution No setting forth the encroachment permit schedule of charges. 1 of 1

2 IN THE MATTER OF: BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE An Ordinance of the City Council of the City of Lafayette adding Chapter 3-2 of the Lafayette Municipal Code to Provide for an Encroachment Permit Schedule of Chai'ges Ordinance No. 638 WHEREAS, tlie City Council of the City of Lafayette ("City") previously adopted Division 1002 of the Contra Costa County Code by reference under Section of the Lafayette Municipal Code to govern encroacliments in the City right-of-way; and WHEREAS, Section of the Contra Costa County Code provides that the schedule of fees will be adopted by the board of supervisors; and WHEREAS, the City Council wishes to update the City's policies regarding use of City public right-of-way by contractors completing work on construction projects located in the City's downtown ai"ea and on thoroughfares with daily traffic greater than 5,000 vehicles, where construction activities can have a severe detrimental impact on congestion and pose a health and safety liazard when located in City streets; and WHEREAS, existing building requirements in the City require contractors to first obtain an encroachment permit and pay a nominal charge for said permit as rent for use of the public right-of-way duiing construction; and WHEREAS, the City has discovered that construction projects are often exceeding estimated completion dates represented to the City at the time contractors submit encroachment permit applications; and WHEREAS, the Cityfindsthat a charge adopted for use of City property, such as the City right-of-way, is not a tax subject to Proposition 26. THE CITY COUNCIL OF THE CITY OF LAFAYETTE DOES ORDAIN AS FOLLOWS: Section 1. follows: Amendments. Chapter 3-2 is hereby added to the Lafayette Municipal Code to read in full as Chapter 3-2 ENCROACHMENT PERMIT SCHEDULE OF CHARGES Sections: Order of precedence Applicability Schedule of Charges Restriction Exceptions Order of precedence. This Chapter 3-2 shall take precedence over conflicting provisions of adopted Division 1002 of the Contra Costa County Code \ Page 1 of4

3 Ordinance No Applicability. The encroachment pemiit schedule of charges set forth herein shah be apphcable to those areas of the city described below. (a) The downtown area with boundaries as defined by the planning area established in the City of Lafayette Downtown Specific Plan, Chapter 3, Figure 1, Context Map; and (b) All public roadways with average daily traffic in excess of 5,000 vehicles, including but limited to: (1) Acalanes Road, north of Hidden Valley Road; (2) Deer HiU Road; (3) Glenside Drive, from Reliez Station Road extending south to St. Mary's Road; (4) Moraga Road; (5) Mt. Diablo Boulevard; (6) Olympic Boulevard; (7) Reliez Station Road, south of Olympic Boulevard; (8) St. Mary's Road; and (9) Pleasant Hill Road Schedule of Charges. Subject to the exceptions set forth herein, encroacliment pennit applicants shall be charged for use of street parking spaces, sidewalks, bike lanes, vehicle traffic lanes and other areas of the public right-of-way at the rates set by resolution of the City Council Restriction on Use of Vehicle Traffic Lanes Under Encroachment Permit. Complete closure of a City right-of-way to all vehicular traffic shall not be authorized under any encroachment permit unless expressly approved in writing by the City Manager Exceptions. The following activities are expressly excepted from the charges established herein: (a) (b) (c) Projects undertaken by public utility companies or the City. City sponsored events and activities. Any other project, event or activity excepted by the City tlirough a permit or license. Section 2. CEOA. The City Council finds that adoption of tliis Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. Section 3. Notice of Exemption. The City Council directs staff to prepare and file a Notice of Exemption no more than five (5) working days after adoption of this Ordinance Section 4. Effective Date. This Ordinance becomes effective thirty (30) days after its adoption. Section 5. Severability. If any section, subsection, subdivision, paragi'aph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 25589,01000\ Page 2 of4

4 Ordinance No. 638 remaining portions of this Ordinance or any part thereof The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phi"ases be declared unconstitutional, invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. Section 6. Publication. The City Clerk shall either (a) have this Ordinance published in a newspaper of general circulation once within fifteen (15) days after its adoption, or (b) have a summary of this Ordinance published twice in a newspaper of general chculation, once five (5) days before its adoption and again within fifteen (15) days after adoption. [SIGNATURES ON FOLLOWING PAGE] \ Page 3 of4

5 The foregoing Ordinance was introduced at a meeting of the City Council of the City of Lafayette held on, 2015 and adopted and ordered published at a meeting of the City Council held on, 2015 by tire following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Joamie Robbins, City Clerk Brandt Andersson, Mayor I000\ Page 4 of4

6 BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: A Resolution of the City Council of the City of Lafayette Setting an Encroachment Permit Schedule of Charges ) ).) Resolution No WHEREAS, the City Council wishes to update the City's policies and set a schedule of charges for the use of City public right-of-way by contractors completing work on constmction proj ects located in the City's downtown area and on thoroughfares with daily traffic greater than 5,000 vehicles, where construction activities can have a severe detrmiental impact on congestion and pose a health and safety hazard when located in City streets; and WHEREAS, pui'suant to Ordinance No. 638, adopted by the City Council on, 2015, the schedule of charges for encroacliment pemiits issued by the City shall be set by resolution of the City Council; WHEREAS, the City finds that a chai-ge adopted for use of City property, such as the City right-of-way, is not a tax subject to Proposition 26. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAFAYETTE DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby set tlie encroachment peimit schedule of charges as set forth in the schedule of charges entitled, "Encroacliment Pemiit Schedule of Charges," a copy of winch is attached hereto as Exhibit A and adopted herein by this reference. Section 2. Licorporation of Recitals. The City Council fuids that the above recitals are true and correct and hereby incorporates them as an operative portion of this Resolution. Section 3. Severability. If any one or more of the temis, provisions or sections of this Resolution shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of tliis Resolution shall not be affected thereby and shall be valid and enforceable. Section 4. Effective Date. This Resolution shall become effective upon the effective date of Ordinance No PASSED AND ADOPTED by the City Council of the City of Lafayette at a regular meeting of said Council on, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Joanne Robbms, City Clerk Brandt Andersson, Mayor 1

7 Exhibit A to Resolution Encroachment Permit Schedule of Charges The charges hsted below are in addition to any apphcable administrative fees for processing and inspection of various permits as established in the City's fee schedule. (a) (b) Parking spaces. Encroachment permits for use of street parking spaces shall be charged at the following rate: $27.00 per day Sidewalk, bike lane and other areas of the public I'ight-of-wav. Subject to the exceptions set forth herein, encroachment permits for use of sidewalks, bike lanes and other areas of the public rightof-way with the exception of vehicle traffic lanes and parking spaces shall be chai'ged at the following rates: (1) Public Construction Projects. First 30 days Days Days After 90 days No charge $ per day $ per day $ per day Private Construction Projects. First 60 days Days After 90 days $ per day $ per day $ per day (c) (3) In the event the encroachment permit applicant submits a suitable plan to maintain safe ingress and egress through the encroachment pemiit area for pedestrian traffic, the City Manager may reduce the above chai'ges by up to 50%. If the applicant fails to maintain safe ingress and egress for pedestrian traffic for the duration of die encroachment permit, the City reserves the right to seek the full cost of the encroachment pennit, including any charges previously reduced or waived by the City Manager. Vehicle traffic lanes. Subject to the exceptions set forth herein, encroachment permits for use of vehicle traffic lanes shall be charged at the following rates: (1) Public Construction Projects. (A) (B) Lane closures for public constmction projects shall incur no chai'ge for the first 30 days of work. Lane Closure Affecting Vehicular Traffic In Single Direction. After the initial 30 day period, lane closures affecting vehicular traffic traveling in a single direction shall be charged at the following rates: First 2 hours $

8 2-4 Hours Greater than 4 hours $ $ (C) Lane Closure Affecting Vehicular Traffic In Both Directions. After tlie initial 30 day period, lane closures affecting vehicular traffic traveling in both directions shall be charged at the following rates: Less than 2 hour closure $ hour closure $ Greater than 4 hour closure $ The City shall have sole discretion to detennine whether closure of a single lane on a two-lane street will affect vehicular traffic in both directions. Private Constmction Projects. (A) Lane Closure Affecting Vehicular Traffic In Single Direction. Lane closures affecting vehicular traffic traveling in a single direction shall be charged at the following rates: Less than 2 hour closure $ houi-closure $ Greater than 4 hour closure $ (C) Lane Closure Affecting Vehicular Traffic hi Both Directions. Lane closures affecting vehicular traffic traveling in both directions shall be charged at the following rates: First 2 hours $ Hours $ Gi-eater than 4 hours $ The City shall have sole discretion to determine whether closure of a single lane on a two-lane street will affect vehicular traffic in both directions. Duration of Lane Closure. For the purpose of calculating the appropriate chai'ge for lane closures, the duration of lane closures commences upon the initiation of traffic control setup and expires upon the completion of traffic control take-down.