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HomeMy WebLinkAboutPW Traffic Mitigation Fee Report 2018 ____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 9-10-2(1) x 9-3-40 Council Meeting: 3/05/2018 Disposition: Resolution 14474 Agenda Item No: 4.h Meeting Date: March 5, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: ______________ TOPIC: ANNUAL TRAFFIC MITIGATION FEE REPORT File No.: 01.26.01 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE ANNUAL TRAFFIC MITIGATION FEE REPORT AND APPROVING THE DETERMINATION THAT A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CURRENT NEED FOR TRAFFIC MITIGATION FEES HELD OVER FIVE YEARS AND THE PURPOSES FOR WHICH THEY WERE ORIGINALLY COLLECTED. RECOMMENDATION: Adopt resolution accepting annual traffic mitigation fee report. BACKGROUND: Traffic Mitigation fees are a type of development impact or public facility fees. They are charged by a local governmental agency to an applicant in connection with the approval of a development project. They are not a tax or special assessment. Rather, their purpose is to offset the cost of public facilities made necessary by the development project. In the case of Traffic Mitigation Fees, the fees are collected to provide funds for increasing street capacity to accommodate additional traffic generated by new development. Assembly Bill 1600 (California Government Codes §66000 – 66025) established requirements for how cities collect, maintain and spend impact fees. The focus of this report is on the impact fee portion of the law. The City’s Traffic Mitigation Fees were enacted in 1988 in connection with General Plan 2000 and that document’s projections for growth and future traffic patterns in the City. The Circulation Element of General Plan 2020 calls for continued implementation and periodic updating of Traffic Mitigation Fees in order to fund the long list of traffic improvements mentioned in the General Plan as well as other circulation needs that may arise as the City is developed. (General Plan 2020, Programs C-6, C-7) Impact fees must demonstrate a reasonable connection between the fee charged and the cost of the improvements for which they are collected, must be deposited in a separate account, segregated from the city’s general fund, and used only for the identified improvements. AB 1600 requires cities to spend or SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 commit the fees within 5 years of collection, or return them to the developer unless a finding can be made that a reasonable relationship continues to exist between the current need for the fee and the purpose for which it was originally collected (Gov. Code §66001(d)). Of the City’s various development fees, the Traffic Mitigation Fee is the only such fee subject to AB 1600 reporting. Pursuant to Government Code Section §66006, cities must publish annual reports on these fees, which are to be available to the public within 6 months of the end of a fiscal year. In addition, th e city must review the report at a public meeting not less than 15 days after the information is made available. ANALYSIS: The Traffic Mitigation Fee report consists of the following seven elements: 1. Fee description: The Traffic Mitigation Fee is charged to new development projects. It is intended to pay for those circulation system improvements identified in General Plan 2020 needed to accommodate the proposed development or, as stated in section C-6 of General Plan 2020, and for “other recommended roadway improvements, include(ing) additional improvements that may become necessary in the long-term and are desirable to enhance San Rafael’s circulation system, but are not necessary to maintain LOS standards. Specific improvements will be implemented as conditions require, and will be refined during the design phase. Recognize that other feasible design solutions may become available and be more effective in achieving the same goals as the improvements listed in Exhibit”. The Plan lists 32 long-term roadway improvement projects, 24 of which are identified to be partially funded with Traffic Mitigation fees and as noted above, also allows other additional improvements, not in the General plan 2020 (such as improvements in the City’s approved list of Capital Improvement Projects), to be made. 2. Amount of the fee: Each new A.M. and P.M. peak hour trip generated by a development is charged $4,246. Fees are calculated based on land use types and their estimated trips generated. 3. Account beginning and ending balance, fees collected and interest accrued: Fund balance July 1, 2016 $8,841,194 Revenue (16/17) • Interest income • Traffic Mitigation Fees • Gas Tax Transfer to Project #11171 Total Revenue $26,324 $127,830 $228,400 $382,554 Expenditures (16/17) • Model Updates • Capital Projects Freitas Las Gallinas Intersection Third & Hetherton Study Tamalpais Ave Queue Cutters Total Capital Projects Total Expenditures $0 $387,882 $31,611 $1,325,661 $1,745,154 Net Change Fund Balance -$1,362,601 Fund Balance June 30, 2017 $7,478,593 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 4. List of improvements on which fees were expended, amount of expenditure and total percentage of cost covered by fee: A list of all major planned circulation improvements identified in the General Plan is provided in Attachment 2 of this report. Following are three examples of projects for which Traffic Mitigation Fees were used during the 2016-2017 fiscal year: a. Manuel T. Freitas Parkway/Las Gallinas Avenue Intersection Improvements – the project will upgrade traffic signal system and operations and improve pedestrian safety and intersection geometry. Construction commenced in May 2017 and is now largely complete. Overall, the project will utilize approximately $2.7 million of the Traffic Mitigation Fund balance. b. Tamalpais Avenue Queue Cutters – the project reduces the possibility of traffic backing up on to the SMART rail line at Mission Avenue, Fifth Avenue and Fourth Street. Queue Cutter traffic signals were constructed at each of the three crossings. The project utilized $1.864 million of the Traffic Mitigation Fund balance. Although not specifically identified in the General Plan, this project falls under the general category of signal improvements. c. Third Street/Hetherton Street Intersection Analysis – the City has a contract with Kimley- Horn to study conceptual plans and define a project scope that will balance safety and capacity at this intersection. Improvements being considered include leading pedestrian intervals (LPIs), a flashing yellow arrow for the westbound approach, widening the sidewalk, and/or adding a southbound right-turn pocket. The project cost was $94,035, all of which came from the Traffic Mitigation Fund. Design and construction is being funded through a $583,000 Highway Safety Improvement Program (HSIP) grant from Caltrans. 5. Approximate date by which construction will commence when City has determined that sufficient funds have been collected: See No. 4 above. Projects identified in General Plan 2020 are major infrastructure improvements which often require substantial state and federal funding in addition to Traffic Mitigation resources. Scheduling of those projects therefore depends upon the availability of these supplemental funds. 6. Any interfund loan or transfer, including the public improvement where it will be spent: There was a transfer of funds in from the Gas Tax in the amount of $228,400. 7. Refunds made due to sufficient funds being collected: No refunds were made. An analysis of the accumulated fund balance follows. A first in, first out (FIFO) accounting method assumes the first revenue collected is the first spent. Staff analyzed the annual balances for the past 5 fiscal years and determined that $3,541,757 has been held for more than 5 years, as shown in the following table: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Traffic Mitigation Fund #246 Revenues only: 0-1 Year 1-2 Years 2-3 Years 3-4 Years 4-5 Years 5+ Years Unspent & received in FY 16-17 Unspent & received in FY 15-16 Unspent & received in FY 14-15 Unspent & received in FY 13-14 Unspent & received in FY 12-13 Unspent & received 1/1/89 to 6/30/12 $382,554 $386,840 $660,888 $168,851 $2,337,703 $3,541,757 A finding must be made that a reasonable relationship exists between the current need for the fees and the purposes for which they were originally charged. As evidenced by the Manuel T. Freitas Avenue/Las Gallinas Avenue Intersection Improvements, Queue Cutters, and 3rd Street/Hetherton Street projects described above, current traffic improvement projects underscore the connection between the current need for the fees and the purpose for which they were originally collected. The funds currently held by the City for more than 5 years are already planned for use in specific projects. In 2018, the City is expected to fund the Andersen Drive intersection improvement project in support of SMARTs extension from central San Rafael to Larkspur. The cost of the work has been bid at $2.865 million and with a ten percent contingency, the total cost will be approximately $3.15 million. In order to fund Andersen Drive, the City will expend a combination of the remaining balance of RDA Bond funding (approximately $1.5 million) and traffic mitigation funds (approximately $1.65 million) to support this work. Traffic Mitigation Fees will also support the City’s local match required for grant funds received for the Grand Avenue Pedestrian bridge, the installation of which will dramatically improve bicycle and pedestrian safety and transportation in the East San Rafael area. Further, overall, the total cost of the 24 Circulation Element improvements is estimated at $57.95 million, of which $38.6 million (67%) would come from traffic mitigation fees. FISCAL IMPACT: If the City Council makes a finding that a reasonable relationship continues to exist (staff recommendation), the fund balance remains $7,478,593. If the City Council does not find that a reasonable relationship exists, $3,541,757 will be returned and the fund balance will be $3,588,709 ($7,478,593 - $3,541,757= $3,936,836). OPTIONS: • Accept the report and adopt the Resolution as recommended; • Accept the report with modifications and adopt the Resolution with amended findings; or • Reject the report and do not adopt the Resolution. RECOMMENDED ACTIONS: Accept the Traffic Mitigation Fee Report and adopt the resolution making a finding that a reasonable relationship continues to exist between the current need for Traffic Mitigation Fees held over 5 years and the purposes for which they were originally charged. ATTACHMENTS: 1. Resolution 2. Exhibit 21 from General Plan 2020: “Major Planned Circulation Improvements” RESOLUTION NO. 14474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE ANNUAL TRAFFIC MITIGATION FEE REPORT AND DETERMINING THAT A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CURRENT NEED FOR TRAFFIC MITIGATION FEES HELD OVER FIVE YEARS AND THE PURPOSES FOR WHICH THEY WERE ORIGINALLY COLLECTED WHEREAS, the City’s Circulation Element of General Plan 2020 identifies improvements necessitated by continued development in the City; and WHEREAS, the City has adopted a Capital Improvement program (“CIP”) that has been developed to prioritize and guide the construction of the needed improvements and which allocates funds to construct the improvements as mitigation for continued development; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and WHEREAS, the City imposes a Traffic Mitigation Fee on new development projects for the purpose of paying for those circulation system improvements identified in Exhibit 21 of General Plan 2020 and the CIP that are needed to accommodate the development; and WHEREAS, General Plan 2020 recognizes and allows other recommended roadway improvements, including additional improvements that may become necessary in the long-term and are desirable to enhance San Rafael’s circulation system, but are not necessary to maintain LOS standards, and WHEREAS, General Plan 2020 allows for specific improvements to implemented as conditions require, and will be refined during the design phase, and WHEREAS, the Plan also recognizes that other feasible design solutions may become available and be more effective in achieving the same goals as the improvements listed in Exhibit 21, and WHEREAS, the City’s Traffic Mitigation Fee fund contains some funds that have been held for over five years; and WHEREAS, the City anticipates expending approximately $1.65 million of traffic mitigation funding in support of the construction of the Andersen Drive intersection project, and WHEREAS, City staff has presented to the City Council an annual report on the Traffic Mitigation Fees as required by Government Code Section §66006; and WHEREAS, the circulation system improvements identified in General Plan 2020 and the CIP are of such size that insufficient funds have been collected or obtained to construct these improvements within the five -year expenditure period provided by Government Code Section §66001(d); and WHEREAS, the Traffic Mitigation Fees that have been held for over five years are currently planned for specific pending or upcoming projects; and WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate development impacts on traffic circulation; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the annual report on Traffic Mitigation Fees, and finds that a reasonable relationship exists between the current need for t he Traffic Mitigation Fees held over five years and the purposes for which they were originally charged. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 5th day of March 2018 by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None _______________________________ LINDSAY LARA, City Clerk Amended and reprinted 01/18/13 Exhibit 21 Major Planned Circulation Improvements a Funding Source Proposed Roadway Improvements Projected Cost Mitigation Fee Redevelopment State & Federal Projected Project Timing (b) 1 Smith Ranch Road/Lucas Valley Road Widen roadway to provide two westbound and two eastbound lanes between Redwood Highway and Los Gamos. Widen northbound 101 off ramp and southbound 101 off ramp for additional right and left turn lanes. $4,000,000 $4,000,000 Depends On Development Timing 2 Lucas Valley/Los Gamos Widen Lucas Valley Road to provide two through lanes for eastbound and westbound, and provide two westbound left turn lanes. Widen southbound Los Gamos to provide 2 lanes for 300 feet and merge back to one lane. Signalize intersection and coordinate with adjacent intersections. $2,000,000 $2,000,000 Depends On Development Timing 3 Las Gallinas Avenue (Merrydale to Del Presidio) Remove parking and widen street to provide four lanes (one southbound, two northbound and one two-way left turn). $300,000 $300,000 Depends On Development Timing 4 Freitas/Las Gallinas Upgrade the traffic signal system and operation. Improve intersection geometry, cover portions of drainage ditch $650,000 $650,000 5-7 years 5 Freitas/Del Presidio Explore feasibility of double northbound right turn and southbound 101 on ramp widening $900,000 $900,000 Depends On Development Timing 6 Freitas/ Northbound 101 Ramps- Redwood- Civic Center widening and signalization. Right of Way Required. $7,500,000 $7,500,000 Depends On Development Timing Amended and reprinted 01/18/13 Funding Source Proposed Roadway Improvements Projected Cost Mitigation Fee Redevelopment State & Federal Projected Project Timing (b) 7 Grand Avenue (south of Grand Avenue bridge to Fourth Street) Widen north/south, add one lane as required, and upgrade traffic signal system. Requires right of way and major bridge widening. $6,500,000 $3,250,000 $3,250,000 Depends On Development Timing Signalize Grand/ Fifth, and restrict parking to provide turn lanes. $200,000 $200,000 5-7 years Signalize Grand/ Mission, and restrict parking to provide turn lanes. $200,000 $200,000 5-7 years 8 Francisco Blvd. East (Bellam to Grand Avenue Bridge) Four lanes required. One southbound, one two-way left turn and two northbound lanes. Major right of way required. $10,000,000 $5,000,000 $5,000,000 Depends On Development Timing Signalize Francisco Blvd. East/Harbor.$200,000 $200,000 5-7 years 9 Lincoln Avenue (Second Street to southbound 101 ramps - Hammondale or as required) Extend the existing PM peak northbound Tow- Away zone for AM peak as well (four lanes may be required). This parking restriction is likely to be extended north toward the southbound 101 ramps. $400,000 $400,000 3-5 years Signalize Lincoln/ Grand, and restrict parking to provide turn lanes. $200,000 $200,000 3-5 years 10 Mission/Lincoln Provide additional lanes for northbound, and westbound; upgrade traffic signal system, requires right of way. $4,000,000 $4,000,000 Depends On Development Timing 11 Fourth Street (Miracle Mile) Re-align Ross Valley and Santa Margarita and re- design intersection operation. LOS may deteriorate but community access will be provided. $450,000 $450,000 5-7years Additional Signalization 12 Signalize Fifth & H Street, and restrict parking to provide turn lanes. $100,000 $100,000 3 years Amended and reprinted 01/18/13 Funding Source Proposed Roadway Improvements Projected Cost Mitigation Fee Redevelopment State & Federal Projected Project Timing (b) 13 Signalize First/C Street, and restrict parking to provide turn lanes. $150,000 $150,000 3 years 14 Signalize First/ D Street, and restrict parking to provide turn lanes. $150,000 $150,000 3 years 15 Signalize Fourth/Union Street, and restrict parking to provide turn lanes. $200,000 $200,000 Depends On Development Timing 16 Signalize or Roundabout Mission/Court Street.$200,000 $100,000 $100,000 Depends On Development Timing 17 Signalize Merrydale/Southbound 101 Ramps, and provide turn lanes. $250,000 $250,000 5-7years 18 Signalize Lincoln/DuBois/Irwin and re-align intersection. Right of way required. $2,500,000 $2,500,000 Depends On Development Timing 19 Third/Union Street Widen Union Street to provide 4 lanes between Third and Fourth. Fire Station 4 modification required. Reconfigure Third/Union eastbound left turn pocket. Provide westbound right turn pocket. Upgrade the traffic signal system and operation. $900,000 $900,000 2 years 20 Kerner Blvd or Francisco Blvd. East. To Andersen Drive Undercrossing Provide a minimum 3-lane connector near Shoreline Parkway. Signalize at both ends. $8,000,000 $4,000,000 $4,000,000 Depends On Development Timing 21 Andersen /East Sir Francis Drake-eastbound 580 Ramps Major widening and signalization. $2,000,000 $500,000 $500,000 $1,000,000 5-7 years 22 Upgrade traffic signal system.$3,000,000 $1,500,000 $1,500,000 7 years 23 Install traffic monitoring sensors and camera system. $1,000,000 $500,000 $500,000 7 years 24 Install Fiber Optic network throughout the traffic system. $2,000,000 $1,000,000 $1,000,000 7 years Sub Total $57,950,000 $38,600,000 $15,350,000 $4,000,000 Amended and reprinted 01/18/13 Funding Source Proposed Roadway Improvements Projected Cost Mitigation Fee Redevelopment State & Federal Projected Project Timing (b) Other Projects Projected Cost City Funds Redevelopment State & Federal 25 Implement Bicycle and Pedestrian Master Plan $5,300,000 $2,650,000 $2,650,000 7-20 years 26 Pedestrian bridge at Third/Hetherton – GGT Transportation Center $2,000,000 $500,000 $500,000 $1,000,000 Depends On SMART, 10-20 years 27 Pedestrian bridge to connect Canal to Andersen Drive/Downtown. $4,500,000 $1,125,000 $1,125,000 $2,250,000 10-20 years 28 Pedestrian bridge to connect Canal to Montecito Shopping Center. $4,000,000 $1,000,000 $1,000,000 $2,000,000 10-20 years 29 Freitas / Northbound 101 Ramps - Redwood-Civic Center or a new flyover from Civic Center Dr. to Freitas. $12,000,000 $6,000,000 $6,000,000 Depends On Development Timing 30 Second Street (from E Street to east side of A Street). The projected volume requires right turn lanes or through/right lanes be added in the long term.Right of way required. $6,000,000 $1,500,000 $3,000,000 $1,500,000 10-20 years 31 Pedestrian bridge over Canal between the Canal and Montecito/Happy Valley neighborhoods. $4,000,000 $1,000,000 $2,000,000 $1,000,000 10-20 years 32 North San Rafael Promenade $2,000,000 $1,000,000 $1,000,000 10-20 years Sub Total Other Projects $39,800,000 $14,775,000 $7,625,000 $17,400,000 Grand Total Project Cost $97,750,000 (a)Priorities for circulation improvements are set in the Capital Improvements Program. This list may be amended as part of the five-year General Plan update. (b)The timing for the improvements depends on the size, type and phasing of additional development. Policies LU -2 (Development Timing) requires findings when project- related traffic will not cause the LOS to be exceeded. Source: San Rafael Public Works Department Staff Report Author: Charmine Solla Date of Meeting: 03/05/2018 Department: DPW Topic: AB1600 Annual Traffic Mitigation Fee Update Subject: AB1600 Annual Traffic Mitigation Fee Update Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☐ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon Director Director approves staff report is ready for ACM, City Attorney & Finance review. 2/20/2018 ☒ BG CONTENT REVIEW MONDAY morning Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. Click here to enter a date. Click here to enter a date. 2/26/18 ☐ ☐ ☒ Comments made to rep DEPARTMENT REVISIONS WEDNESDAY noon Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. Click here to enter a date. ☐ ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning Assistant City Manager City Attorney ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Click here to enter a date. Click here to enter a date. ☐ ☐ Finance Manager to conduct the final review. 2/27/2018 ☒ Van TUES noon City Manager Final review and approval Click here to enter a date. ☐