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HomeMy WebLinkAboutPW Traffic Mitigation Fee Report 2019____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 04/15/2019 Disposition: Resolution 14659 Agenda Item No: 4.g Meeting Date: April 15, 2019 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 SUBJECT: RESOLUTION 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: Accept the Traffic Mitigation Fee Report and adopt a 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. BACKGROUND: Traffic mitigation fees are a type of development impact or public facility fee. 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 fe e charged and the cost of the improvements for which they are collected, must be deposited in a separate account, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 segregated from the City’s general fund, and used only for the identified improvements. AB 1600 requires cities to spend or commit the fees wi thin 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. 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, 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 Level of Service (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. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 3. Account beginning and ending balance, fees collected and interest accrued: Fund balance July 1, 2017 $7,478,592.93 Revenue (17/18) • Interest income • Traffic Mitigation Fees • Gas Tax Transfer to Downtown Rail Readiness (project #11237) $45,408 $701,951 $148,788 Total Revenue $896,147 Expenditures (17/18) • Capital Projects Freitas Las Gallinas Intersection #11171 Third & Hetherton Study #11303 Second & Third Street Queue Cutters Study #11335 Grand Avenue Pathway Connector #11173 Andersen Drive Rail Crossing Improvements #11276 $2,881,908 $32,811 $59,950 $223,650 $487,571 Total Expenditures $3,685,890 Net Change Fund Balance ($892,147-$3,685,890) $(2,789,743) Fund Balance June 30, 2018 $4,688,850 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 a re the projects for which Traffic Mitigation Fees were used during the 2018-2019 fiscal year: a. Manuel T. Freitas Parkway/Las Gallinas Avenue Intersection Improvements (#11171) – the project broke ground in FY 2016-17, but the lion share of construction took place in FY 2017-18. The project upgraded traffic signal system and operations and improve pedestrian safety and intersection geometry. The project was fully completed in early 2018, and the formal notice of completion was brought to City Council on August 20, 2018. The total cost for this project was $3,526,791, of which $3,257,900 came from the Traffic Mitigation Fund. b. Third & Hetherton Intersection Study (#11303) – the City contracted with Kimley- Horn to study conceptual plans and define a project scope that will balance safety and capacity at this intersection. The total study cost was $94,035, all of which came from the Traffic Mitigation Fund. Final recommendations from the Third and Hetherton Intersection study were brought to City Council on December 17, 2018. Design and part of construction of the improvements is being funded through a $583,000 Highway Safety Improvement Program (HSIP) grant from Caltrans. c. Second & Third Street Queue Cutters (#11335) – In preparation for the extension of SMART extension to Larkspur, which includes rail line crossing Second and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Third Streets, the City needs to install queue cutters to prevent vehicles from stopping on the tracks. Design was started in FY 2017-18, and construction was awarded by City Council on December 3, 2018. The total cost of this project is anticipated to be $380,000, all of which will come from the Traffic Mitigation Fund d. Grand Avenue Pathway Connector (#11173) – The project consists of installing a bicycle/pedestrian bridge just east of the existing Grand Avenue vehicle bridge which cross the San Rafael Canal. The structure will improve access to Francisco Blvd. East and provide a vital connection between the downtown and east San Rafael. Traffic Mitigation funds were used in the Right of Way purchase for the bridge project, as approved by City Council on February 20, 2018. The total cost of this project is $3,504,000, of which $301,925 has been approved for use from the Traffic Mitigation Fund e. Andersen Drive (#11276) – The project involves the reconfiguring of Andersen Drive, including the installation of signal systems and related improvements to allow an at grade rail crossing of Andersen Drive with SMART’s extension to Larkspur. The MOU with SMART to construct the Andersen crossing improvements was approved by City Council on March 20, 2017 which authorized a total amount of $5,070,000 which included construction, Contingency plus SMART’s Staff time. The initial design for this crossing was supported by redevelopment funds and the construction being supported by from the Traffic Mitigation Fund. While the majority of the construction is completed, additional property transfers and incidental work remain at this time. 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 $148,788 for the Downtown Rail Readiness project #11237. 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 $2,193,570 has been held for more than 5 years, as shown in the following table: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 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 17-18 Unspent & received in FY 16-17 Unspent & received in FY 15-14 Unspent & received in FY 14-13 Unspent & received in FY 13-12 Unspent & received 1/1/89 to 6/30/12 $896,147 $382,554 $386,840 $660,888 $168,851 $2,193,570 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 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. The City anticipates the following projects will continue to incur Traffic Mitigation Funds expenses: • Third & Hetherton Intersection Study • Andersen Drive • Second & Third Street Queue Cutters • Francisco Blvd Multi Use Path (partial funding resulting from transfer of funds from Grand Avenue Bridge project) While these are the projects currently under construction, it is worth noting that the total cost of the 24 Circulation Element improvements in the General Plan 2020 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’s recommendation), a positive fund balance shall be available for the beginning of FY 2018-19. OPTIONS: • Accept the report and adopt the resolution as recommended. • Accept the report with modifications and adopt the Resolution with amended findings . • Do not accept the report and do not adopt the resolution. RECOMMENDED ACTION: Accept the Traffic Mitigation Fee Report and adopt a 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. 14659 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 be 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 expended $3,685,890 on Traffic Mitigation funded capital projects in FY 2017-18 and anticipates expending all remaining $2,193,570 in traffic mitigation funds held over five years in support of the construction of the Andersen Drive intersection project and other capital projects in FY 2018-19, 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 the 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 15th day of April 2019 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