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
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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.
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2/26/18
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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.
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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
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Finance
Manager to conduct the
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2/27/2018
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Van
TUES
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