HomeMy WebLinkAboutItem 7.1 Modify JPA TriVlyTransp
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: Insert Date, 1998
CITY CLERK
File # [l][QJm-[2J./!31
(poO-tfo
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SUBJECT:
Modifications to the Joint Exercise of Powers Agreement
for the Tri- Valley Transportation Development Fee
Report Prepared by: Lee S. Thompson, Public Works DirectOr
EXHIBITS ATTACHED:
1.
2.
Agenda Statement; May 5, 1998 (Item 8.1) ,
Draft Resolution Approving Joint Exercise of Powers
Agreement with Modifications (with Attachment 1 to.
Resolution: modified pages showing changes from JP A
approved May 5, 1998)
RECOMMENDATIONI') IV 1.
V 2.
Receive Staff Report
Adopt Resolution Approving changes to Sections 8, 11 and
18 of the Joint Exercise of Powers Agreement
FINANCIAL STATEMENT: None
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DESCRWTlON: On May 5, 1998, the Council adopted a resolution approving the
"Joint Exercise of Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for
Traffic Mitigation." (See Exhibit 1.) ..
Since that date, two of the jurisdictions, Livermore and Contra Costa County, have requested changes to
the agreement. The Tri-Valley Transportation Council met on May 27, 1998 and voted unanimously to
approve changes to Sections 11 and 18. The change to .section 8 is merely to correct a typographical ..
error.
The changes to Sections 8, 11 and 18 are shown on Attachment 1 to the draft resolution ~bit 2). The
changes may be summarized as follows:
.1. The first amendment of the Strategic Expenditure Plan (SEP) shall be forwarded as a "Circulation
Draft" to all of the seven entities by a unanimous vote of the Tri-Valley Transportation Council
(TVTC). (Section 11(b).) Any of the parties may withdraw from the joint powers agreement and
terminate the fee by giving notice within 30 days of the date the "Circulation Draft" of the first
amendment of the SEP is forwarded by the TVTC. If any party gives such notice, the termination
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ITEM NO.
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of its fee and withdrawal from the agreement shall not be effective until the 1-580/680 Interchange
Project is constructed and the entities that have advanced funds are reimbursed. (Section 18.) *This ·
language assures that Dublin will be reimbursed for the contributions that it has already made for
the Interchange Project pursuant to its Local Match Agreement, even if one or more parties
withdraws from the agreement and terminates its fee.
2.
The SEP shall include guidelines for credit for both developer-constructed and entity-constructed
projects. (Section 11(b).)
3.
The SEP shall include guidelines to assure that Project Sponsors do not receive more in fee
revenues than the amounts authorized in the SEP for the project. (Section 11(b})
Recommendation:
Staff recommends that the Council adopt the resolution (Exhibit 2) approving these changes to the Joint
Powers Agreement.
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 5,1998
CITY CLERK
Fife # fI][QJ~~-f2]fQJ
V" &00- 'I ()
I 00 31
SUBJECT:
Tri-Valley Transportation Development Fee
Joint Powers Agreement
Repo~ Prepared by: Lee S. Thompso~ Public Works Director
EXHIBITS ATTACHED:
1. Resolution No. 142-97 Approving Principles of Agreement
for Adoption of the TIi-Valley Transportation Development Fee
2. Draft Resolution Approving Joint Exercise of Powers Agreement,
together with Attachment 1, the proposed "Joint Exercise of
Powers Agreement Pertaining to Tri- Valley Transportation
Development Fees for Traffic Mitigation""
RECOMMENDATION: ./I, ~' Receive SllrlfReport
\L/Ij ~ 2. Adopt Resolution Approving Joint Exercise of
Powers Agreement
. FIN_<L~CIAL STATEMF'IT:
None
DESCRIPTION: The Tri-Valley Transportation Council (TVTC) has been working for
several years on common transportation issues, as well as on a proposal to establish a regional
transportation fee which would be collected on new development. On November 18, 1997, the Council
adopted a "Resolution Approving Principles of Agreement for Adoption of the Tri-Valley Transportation
Development Fee" (Exhibit 1)_ Since that time, the TVTC has prepared a draft "Joint Exercise of Powers
Agreement Pertaining to Tri- Valley Transportation Development Fees for Traffic Mitigation" (Exhibit 2).
.tu its April 22, 1998, meeting, the TVTC unanimously recommended the approval of the proposed Joint
Powers Agreement (Attachment 1). The other parties to the agreement will be considering this same joint
powers agreement at their first meetings in May.
SUMM.ARY OF JOINT EXERCISE OF POVlERS AGREEMENT:
P2.l-ries. The Joint Exercise of Powers Agreement (JEP A) is between the Counties of Alameda and Contra
Cos-...a, the Cities ofDubIin, Livermore, San Ramon and Pleasanto~ and the Town of Danville. It does not
create a new legal entity (Section 22) but, rather, establishes the mechanism for pooling the traffic impact
fee revenues for payment to "project sponsors" for design and construction of the selected transportation
improvements.
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Tri.- V2.lJev Transportation Development Fee. Each party agrees to impose a uTri_ Valley Transportanon
Development Fee" on new development (Section 5} The Fee 'will be used to pay for eleven (11)
"Transportation Improvement Projects" in the Tri- Valley area (Section 8). The:first project to be funded
"With the Fee revenues will be the I-580fI-680 Interchange project for local matching requirements. .
The Fee will be $1,500 per single-family dwelling unit, $1,050 per multi-family dwelling unit, $1 per square ..
foot for office and retail, $.75 per square foot for industrial, and $1,500 per average a.m./p.m. peak hour
trip for other uses (Section 9). The agreement provides that the parties' ordinances or resolutions will
provide for automatic increase in the Fees by the change in the cost of construction and other costs
(Section 13).
The parties will adopt the Fee so that it will be effective on September 1, 1998, in all jurisdictions (Section
] 0). Staffwill return at a future meeting with a proposed resolution for the Council to consider for
adoption of the Fee, together 'With a reduction in the City's Eastern Dublin Traffic Impact Fee for these
regional projects which overlap.
Treasurer. Through the TVTC, the parties will ummimously select the finance officer of one jurisdiction to
act as the "Treasurer" (Section 2[m]). The duties of the Treasurer are specified in Section 4 and include
keeping a record of the Fees paid by each party (subsection [a]); disbursement of the Fees to entities for
planning, design and construction of the Transportation Improvement Projects (subsection [f]); and
accounting for the Fee revenues (subsection [i]). The party which acts as the Treasurer will be reimbursed
for the time and expense of such duties (Section 4[j], Section 14).
Collection of Fee. Once the Fee is effective, each party will collect the Fee. Each party will transmit to the
Treasurer at least 80% of the Fee revenues on a quarterly basis (Section 6). If the City retains 20% of the .
Fees, it must use those revenues for one of the eleven projects listed in Section 8.
1-580/1-680 Interchan{!e Proiect. The first project to receive Fee revenues will be the I-580/I-680
Inter...hange project which is being constructed by Caltrans.
Dublin entered into a <'Local Match Agreement" with Alameda County Transportation Authority (ACTA)
in May of 1997 whereby the City of Dublin committed to contnoute a total of $2,043,560 beginning in the
1996-97 fiscal year and ending in the 2000/01 fiscal year. WIth the exception ofDanville, the other parties
all entered into Local Match Agreements with ACTA as well. These agreements enabled ACTA to
provide the necessary funding to Caltrans so it could proceed "With the interchange project in advance of
imposition of the proposed Tri-Valley Transportation Development Fee.
Because six of the seven jurisdictions have Local Match Agreements with commitments for differing
amounts to be paid at different times, the JEP A includes provisions in Section 7 specifically written to
protect those parties with Local Match Agreements.
Tne Treasurer will receive the Fees from the parties and will remit the Fees directly to ACTA (Section
4[D]). Section 7[bJ requires the Treasurer to provide both ACTA and the parties with an accounting of the
payments made to ACTA in order that both ACTA and the plli-ties can track the amount of Fees received
by ACTA from those Plli-ties "With <'Local Match" obligations to ACTA
If the combined parties collect more in Fee revenues than their <'Local Match" obligations, the parties will
be in compliance with the individual ''Local Match Agreements,'" regardless of which entity the Fees come
from. However, if the parties collect less in any year in Fees than the total ''Local Math" obligation, there
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. w:ll be a "shortfall" in Fees which will have to be paid to ACTA pursuant to the "Local Match 3 ~ :5-?
Agreements'~ Section 7[ c] specifies how a "shortfall" ",rill be funded. It provides examples which show
that i1 is possible for one ormore parties 10 have to use funds other than Fee revenues to meet the
obligation to ACT~-\. If that occurs, Section 7[e] provides for reimbursement from Fee revenues.
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Section 7[ d] provides that those parties that have met their "Local Match Agreements" with revenues other
than the Fee will be reimbursed from Fee revenues after the total "Local Match" obligation of all parties is
paid to ACTA To date, the only parties that have made such payments to ACTA are Dublin and
Pleasanton. Section 7[d] provides that Dublin will be reimbursed in the amount of$753,500 plus interest
from Fee revenues. In addition, the City will be reimbursed for the additional payment it must make to
ACTA by the end of the 1997-98 fiscal year (approximately $171,290) from Fee revenues after ACTA
receives its total ''Local match" of $5,548,3 00 (less the contnoutions by Dublin and Pleasanton).
Section 7[ e] provides that any party that must make up a "shortfall," as discussed above, will be
reimbursed from Fee revenues after ACTA receives the entire "Local Match" and reimbursement is paid
pursuant to Section 7[ d).
Strate!!ic Exuenditure Plan. . The TVTC is to prepare a Strategic EXl'enditure Plan (SEP) which must be
approved by the parties Unanimously (Section 11 [c ]). The SEP will include the next project or projects to
be funded with the Fee revenues after the I-580/I-680 Interchange project (Section 11[bJ). The SEP will
include provisions for indemnification and insurance, as appropriate (Section 11 [b ]).
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Credit Or Reimbursement For Developer-Constructed Projects. As with the City's Eastern Dublin Traffic
Impact Fee program, it is possible that a developer may construct all or a portion of one or more of the
Transportation Improvement Projects. 'With respect to Transportation Improvement Projects that are
included in the SEP as "funded" projects (i.e., the nex1: project eligible for the fees), Section 15 provides
tn~t a developer would be entitled to a credit against the Fee in the amount of the project constructed and,
if the cost of the project were in excess of his Fees, the developer would be entitled to reimbursement from
Fees collected in the future (Section 15[a]).
If the developer constructs all or a portion of a Transportation Improvement Projecrt which is not listed in
the SEP as a "funded" project, he will be eligible for reimbursement only, and only if the Project becomes a
"funded" project in the SEP within ten years (Section 15 [b]).
In both scenRi.-ios, reimbursement will be only :from the Fee revenues and will terminate in ten years.
Term Of The lepa And Fee. The JEP A provides that the Fee will remain in effect until the Transportation
Improvement Projects are constructed. Tnis commitment is more in the nature of a political commitment
tnall a legal commitment inasmuch as the current Council cannot "contract away" the police power of a
future Council which may wish to modify or repeal the Fee.
?3COMMENDATION:
5~recommends that the Council adopt the Resolution Approving the Agreement (Exhibit 2).
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RESOLtTDO?\' NO. 142 - 97
A RESOLUTION OF TEE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING PRINCll'LES OF AG~T FOR ADOPTION OF
THE TRI- VALLEY IRA..1\'SPORTATION DEVELOPMENT FEE
WHERE..6..S, the City of Dublin has joined with other Tri- Valley jurisdictions to form the Tri- Valley
Transportation Council (TVTC), and cooperatively participated in the development and adoption of the
T n- Valley Transportation Plan/Action Plan for Routes ~fRegioDar SiEJ'lificance (TVTP), and
"WHEREAS, the TVTP identified improvements to the Regional transportation system necessary to
accommodate traffic gro'Wth from ongoing development in the Tri- Valley A.re and elsewhere, and
'WHEREl!..5, the TVTP recommended the adoption and implementation of a Tri- Valley
Transportation Development Fee (TVIDF) to fund all Dr part of the necessarytransportarion
improvements identified in the plan" and
'WHERE_.6..S, the TVTC has directed the prepa.-arion of studies and documentation for the adoption
and implementa:tion of the TVTDF Regional Fee Program" and
Vi'HERE;\5, the City of Dublin supports solution of regional traffic problems throll~h
llnplementarion of the TV1P and the TVTDF Regional Fee Program
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NO'W, THEREFORE, BE IT RESOLVED that the City ofDubJin doeS hereby endorse and arlopt
the fonowing Principles of Agreement forme eS'"..ablishment and implementation of the TVTDF:
1. Thai the TVIDF shall be used to iimd all or part of the following Transportation Improvement
Projects in th:; Tn-Valley _tu-ea. It is acknowledged thai at the proposed fee rates, the TVIDF v.~ not
:fund the project list in its entirety:
a. J-580fI-680 Interchange Improvements
D. Improvement..s to Staie Route 84 between 1-580 and J-680
c. 1-680 AlIxiliazy lanes between Bo1iin~er Canyon Road and Diablo Road
d. V\7est DublinlPlez.santon BA.RT station
e. 1- 580 HOV Lanes b~tween Santa Ri'-LB. TOad and Greenville Road
f 1-680 HOV Lanes berween SRB4 and Sunol Grade
g. 1-580/Foothill Road Interchang~ Improvements
n. 1-6801ilJcosta 30wevar-o IntercbR(J~e Improvements
1. Crow Canyon Road Safery Improvemen::s west of Bollinger Canyon Road
J Vasco Road S2fety ImprovemerrtnorJJ of1-580
1:. h-press Bus SeJV:ice in the Tri- Valley Area
2. .. -. Tna1 the highest iimding priority ror:the TVIDF shall be the I-580fI-Si8~ Improvement project..
'local Ma:tc~ 'r. which .sh.al1 be funded at 1 OD~~ oi~emaining local're.sPons.ibility ($5 _.5 million), inclmiing. .
:-6:nbl.:L.-semem to thDse TocaljUrisciicrions wruch have already advanced or are to advance momes or in-lieu
cO.u:..:ibutions to the 1-580/1-680 proje=t.
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3. That the following criteria sh2l1 be considered in eS""wblisbing tbe priori:} of ower proje:::.::s aD :.~e
TVTD? funding liS!:
e
a.
Project Readiness: examples of project readiness milestones include: compJerion of
environmental documentation, inclusion in RTIP/STIP, preparation of Plans, Specifications
and .t:.stimates, right-of-v.rayacquisition, etc.
b. Project Funding: Ability ofproject to '1everage" funding, eligIoility for eA"ternal funding,
and/or commitment of eA"1emal funding.
c. Project Effectiveness: Ability of the project to effectively address Tn-Valley traffic
congestion and/or safety probJems.
4. Tha:t the TVTC Technical Advisory Committee will prepare within 6 months ofTVIDF adoption a
Strdtegic Expenditure Plan for d~ery of the improvement projects. The Strategic EA'Penditure Plan will
include preiimTmn)' cost and revenue estimates oftbe TVIDF, a prioritization plan and timeline for project
delive.,)'. The Strategic Expenditure Plan will be reviewed and approved by the TVTC and subsequently
reviewed and approved by the seven member jurisdictions.
5_ Tllat the TVIDF Fee "Will pay for a portion of some or all of the previously-listed projects, on the
DZS;..s ofme following Fee Schedule:
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TVIDF Fee Rate
$1,.500 per dwelling unit
$1,050 per dwelling unit
$1.00 per square foot
$1. 00 per square foot
$ .75 per square root
$1,500 .4..M!PM Average Peak Rom Trips
e.
Land Use Catef!orv
Single-Family Residential
Multi-Family Residential
Retail
Industrial Warehouse
* crJJer Usesl}utemarive Rate
"" (TVTDF rees ror other uses not listed shall be based upon the average iJv.f/PM peak hour trip
generation, as estimated by !be most re::ent edition of me ITE Trip Generation Marrual. Techni::a1
procedures ror the calculm:ion ofTVIDF fees "Will be adopted by the TVTC.)
6. Tne T\7IDF Program "Will be reviewed biennially, and adjusted as necesSB1}' to ref1e::t changes in
p:loje=t list, proje=t cost, program revenue and other factors. Tne criteria established in Item 3 above shall
be considered in the biennial uDdzte as aDDropn' ate. Examoles or'other factors" include amendments to
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S-~e or regional gasoline taxes, reauthorization of County Sales Tax transportation program, idenriiication
of SL.-rpplemental funding sources for Strategic .t.xpenciiture Plan projects, etc. Fee increases beyond
i. . :: arioIlaJ-Y and coI!5tructiOD. CDst arijllstment-s shall be approved lm~nim01l5}y by all seven jlli-iscii=rions.
7. Each iurisciicrion!lEY re--..mn 20 Derc~ of the TVIDF revenues collected"mlln irs iur1SciicrioD. ror
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e-;=?enciinrre on projects included under Secrion I or as the list is moamed by the Tv'TC.
0_ ~. -.'. ::T~~~rll IY!.C juri~c?~.;:O:. ~~~~i.i~l')7_1he TY :LpF_.on.~.Iri-~~all?;de'.:~lop~entnot le~ally .. .
.. h .pre:;l~ded fro.!I!-th~ fee. -: . :~_. . - _ ~~_'-'; ~ _ ~ ~.~.-.'-~_ .:~-..:~ -;.--;~:~~~:~=_. = ~~~~ :~_~~ -.~>~u- -: .:_~~::~~~.<- '~.:::~:.:
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9. That each TviCjw-lsdiction shall levy me TVTDF on all Tri- ValJey development v.~tb currem
deveio:>ment a.l2Te--..mentslenritlements which include lan.I!UaQe reollli-mg that a rerrional transportation fee
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be paid when enacted. .
10. Tnat the TVTDF shall be applied to all significant changes to existing development agreements or
other errtit1ements approved after January I. 1998. The TVIDF shall be applied to all components of a
proje:::! v.~ch are subject to the amended or renewed development agreement/development entitlement.
S!EJ11fi::arrt changes are df"nned as follows:
a. Change in Land Use type (e.g.. Office to Retail)
b. Intensification of Land Use Type (e.g.. increases in square footage of approved Office)
c. Expiration of Term of Development Agreement(s)
d. Reduction or Removal of project Mitigation requirements/CondItions of A.pproval
Other. "non-si,V1incanf' amendments to development agreements (e.g.. Architectural changes or
changes to site plans "With no net traffic increases shall not be subject to the TVTDF.
11. That these Principles of Agreement for the TVIDF shall take effect upon their aOoprion by the
seven member jurisdictions of the Tri-Valley Transportation Council.
Pl1.sS.t:.lJ. .APPROVED AND ADOPTED this ] 8th day of November. 1997.
Ay'"ES:
COZl7ZCilmembers Barnes, Burton, H award, Lockhart and Mayor Houston
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NUtS:
None
.tffiSl::J,,1J": None
.tiBSTAJN: None
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A "'"1"""""'1- "T. rl J d
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RESOLUTION NO.' - 98
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A RESOLUTION OF THE CITY COUNClL
OF THE CITY OF DUBLIN
""""ItIt""It""It""
~4..PPROVING "JOINT EXERCISE OF PO'WERS AGREEMENT
PERTAINING TO THE TRI-VALLEY TR.\NSPORTATION
DEVELOPMEl\"T FEES FOR TRAFFIC MITIGATION"
'WHEREAS, the City Manager has presented the Council with an agreement entitled "Joint
Exercise of Powers Agreement Pertaining to Tri- Valley Transportation Development Fees for Traffic
mitigarion," between the County of Alameda, the County of Contra Costa, the City of Dublin, the City of
Livermore, the City of Pleasant on, the City of San Ramon and the Town ofDanvilIe (Attachment 1
hereto); and
WHEREAS, the City Manager has recommended approval of the agreement; and
WHEREAS, prior to adopting a fee, as provided in the agreement, the Council will comply with the
California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOL VED that the City Council approves the "Joint Exercise of
Powers Agreement Pertaining to Tri- Valley Transportation Development Fees for Traffic 1v.Utigation"
. (Exhibit A) and authorizes and directs the Mayor to sign the agreement.
PASSED, .4J>PROVED A.."ND ADOPTED this 5th day of May, 1998.
AYES:
NOES:
/illSENT:
ABSTiJN:
Mayor
ATEST:
City Clerk
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ATTACH1\1ENT 1
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JOINT EXERCISE OF
POWERS AGREEMENT
PERTAINING TO
Tri-Valley TraI1Sportatio~1 Developnlel1t.
Fees for Traffic Mitigation
BY J:....ND AMONG
The County of. Alameda,
.
The County of Contra .Costa,
The City of Dublin,
The City of Livermore,
The City of Plea.santon,
The City of San Ramon, And
The TO"\l'~rn of Danvil1e
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JOINT EXERCISE OF PO\'\TERS .A.GREEMENT
Tri-Valley Transportation Development Fees for Traffic Mitigation
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This J011'-.'1 EXERCISE OF POVvERS AGREEMEN"T (the ".A.,crreernent") is entered
i."no this 22nd day of April, 1998 (the "Effective :Oate") pursuant to Government
Code &6502 by and among the COlJ""]\"TfY OF CON"TRA. COSTA ("Contra Costa"),
2. political subdivision and body corporate and politic of the State of California; the
eITI OF SAN RAMON CSan Ramon"), a municipal corporation duly organized
2.t."ld e..tisting UDder the laws of the State of California; and the TO\VN OF
DA._1\TVILLE ("Danville"), a municipal corporation dwy organized and e.xisting
lli"lder the laws of the State of California; the COU:N"TY OF AlAMEDA (':Alameda
County'" together V\.':i.th Contra Costa, the "Countiesft), political subdivision and
body corporate and politic of the State of Ca1ifornia; the CITY OF DUBLIN
tDublin"), a municipal corporation duly organized and existing under the laws of
the State of California; the CITY OF LTVERMORE (lLiveIDlore"), a municipal
co:rporation duly organized and existing under the laws of the State of California;
the CITY OF PLEAS.AI':NTON (ffPleasanton", together'with the other cities and
LOVi'Tl., the !ICitiesff), a municipal corporation dwy organized and existing under the
la..ys of the State of California. The Cities and Counties may be ref~-:red to
collective1v as the ffParties."
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RECITALS
Trois .A.,CTTe5IlE.L"'lt is based on the folloV\.':ing facts and circumstances:
/L T n- Valley Development Area. There exists in .Alameda County and
Conu.a. Costa CounTY a geographical area comprising the San Ramon Valley,
Live....-more Valley and .Amador Valley. This T ri- Valley area contains the
Cities and portions of the Counties. The approximate boundaries of the Tri-
VaJlev DevelopmenLtluea are sho"wn on the map attached as Exhibit A.
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IniDact of Development. The ..Association of Bav ..tluea GOVe..'"'j.1....nents
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. .. _ ~o~ecasts tr.at by -r;he year 2q2Q ~e Iri-:Y?11ey Deve1op1I!ent./trea vvill
=. ~= .::.~.-=' cc5.ri"t',,'in ~iciddJ.!lciiial157;QD.Q..new.-T.eSia~il:t..s" 5 g;OOO ~ilevi1 bo'lli;eholds and
~. . - ::::~-~. ;. :.-... ..:..121:~OD ne~~jobs~ The...t.....;ffic.-impact:.fro:dr these,'n~~~.ie;identiaJ-=-units and
-.::__~...-=~~.: .~~ ~~~~~~~:~ .:~~5:. ~~~_~~,'~~~eo~~~~~?~~~~}?~3f~.2=h~.Y~. 2~2' .. .u __._.. _~_
- .. - . --- .- \.vllLaaverseIy 2.ffect the qualh:;y-ofllie-ror the-e:<"::lsur:g -res! dents- of-the -L-rues. -- - - - --
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i ai-it =.xerase of Pm.ven; hrreement .'
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_ T\:-::D::ees f~T T:raffic Mitigatio~_ ...
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Anril ~4 1 ~98
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and CountiesV\':i~! the Tn-VaDey Development..l~rea unless those regional .
impacts are mitigated by off-site street improvements.
C. Regional Projects. The Cities and Counties have identified, through the
Tri-Valley Transportation Plan/Action Plan for Routes of Regional
Significance (the Plan), regional Transportation Improvement Projects, lisled
. in Section 8 of this Agreement, 'which are designed to help mitigate the
reiional impacts of forecast development within the Tri-Valley Development
.Area.
D. Tri-Valley Regional Fee. State law allows the Cities and Counties to
establish a fee,on all new development 'wir1-llil the Tri-Valley Development
.Area vduch would finance all or a portion of these Transportation
Improvement Projects.
E. Collection and Use of Improvement Fees. The Parties agree to collect
fees for the Transportation Improvement Projects on a unifonn basis and to
use the fees collected in a coordinated manner to provide for financing and
construction of the Transportation Improvement Projects.
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NOV\T, THEREFORE, the Parries agree:
Section L
Parties
The Pa..-ues 1.0 this Agreement are the Cities and Counties.
Section 2.
Defmitions
a. 'ACTA" refers to the/Jameda COlIDL)' Transportation Authonty, a
legal entity created by sta1.ute. ACTA and several of the Parties are
parties to separate agreements, entitled "Local Match l\,"Teements,"
whereby such parties have committed 1.0 provide funding to ACTA fOT
construction of the 1-580/680 Intercn2.Ilge improvements.
- -.-- . ._~_.. --- -- ..
.. :~~:~ -. :~- -::~::~_:~ _.-:.~~?Gros~ F1~or .Areal' ref;;S ~o-th~ s~~9f .-Lhi area a~eac.h floor level,
- _:..- --, _.._-_~~' :-. i;.;clu~g, bUt. not limited ~~? cella:rs<baseri:lents;-inezzanines,
.=:i ..~7= ..__:-:~-:-~~~~.:" ~penlho_~~~,conid2~"lob1;>i~s,_stQT.~~ g.nd~ffi~es,: mat :are mcl uded
. _._ __ _ ' '=y~i~~ }JTIncip?J" outside_ faces of D~ctefior v:aJls~- nofIDCluaIDg - - .-
..
} :;41.t E..-..::eTcise or Pc:w,ers Agree.Iru:nt
T\"'TD ::=ees ror Tramc Writigation
- Page 2 of 22
April 24 } ~)Q8
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architectural setbacks or projections. Included are all stories or areas
that have floor surlaces 'with clear standing headroom (six feet, six
~lches minimum) regardless of their use. "\-\There a ground level area,
or part. thereof, within the principal outside faces of the eA1:.erior Vi.-al1s
is left unenclosed, the gross area of the unenclosed portion is to be
considered as a part of the overall square footage of the building. All
unroofed areas and unenclosed roofed-over spaces, e.xcept is defined
above, are to be excluded from area calculations. The gross area" of
any parking ganges virithin the building shall not be included V\rithin
the gross area of the entire building.
c.
llIndustrial" refers to developments for the pwpose of manufacture or
fabrication of products, the processing of materials, the V\.'arehousing of
merchandise for sale or distribution, research and development of
industrial products and processes, and the 'who]esal~lg of merchandise.
d.
"Land Use Entitlement" means a pennit or approval granted for a
development project as that term is defined in Govenunent Code
s66000.
p
.....
ffMulti Fantily Residential" refers to buildings or parts thereof designed
2..J."l.d used exclusively as a dwelling unit among other dwelling units,
either on the same parcel (e.g., apartments and mobile home park.s) or
under sep~-ate ownership (e.g., condominiums, tovvnhomes, duplexes,
or duets).
"Office!! refers to developments for the purpose of housing non-
commercial, non-manufacturing businesses.
HOther Uses" refe..---s to land use categories not implicitly included
V\r:i.thin the land use categories of "Single Family Residential", "Multi
F21T1ily Residential", "Retail", "Office'" or fflndustrial", 2..l.1d for which
alternative :rates can be found in the Institute if"Tran.'\pOl'"l.O.tion Engi1Zf.CTS
Trip GC1Zt:Tatim7 1v.fa717.Lal or in a list of pealz-hoUI trip rates that the Tr.i-
Valley T :r?w.lsportation Council has explicitly approved.
7--:- _.' ~.- '-~~_.=. h. _- :~:"~--;P;;ie~~ Sp;-nso;'_! rii;;; _~ the -p~~- desl~~~d ~~thi S~tegic
-.- ~~-_. -- E'P~"l.dit.Ure P~an-\SEP) -L? 6,rers-eeihe use o~T~~YaIiey __- '_ ._
-=__~__ __ _,_ . --T:r.ansportation Development Fee:j-~i."enues in the &~vdopment ofa
~~ _~.- -. -specific re;giO:haJ:Tra~n~0:rtati6n lmprovement-Projec{--The Parry ..
er-
e,
^pnJ ~": 1 yyt>
1 \" ll.J.r-ees reJ. l:-a.c"!lC NllU'2CltlOn -:
- ..,.
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- --.--------
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designated as Project Sponsor may be. but need not be, the lead .
agency for environmental clearance or the agency responsible for the
design or construction of the project itself.
1. "Retail" refers to developments for the purpose of the retail sale of
merchandise and s~\'ices.
J- "Single Family Residential" refers to detached buildings designed for
occupation as the residence of one family.
k "Subsidized Housing Development" refers to housing facilities
developed by public agencies, limited dividend housing c01porations.
or non-profit corporations, and maintained exclusively for persons or
families of VE:1-Y low, low or moderate income, as defuled in Section
50093 of the Health and Safety Code.
1.
'Transportation Improvement Projects" or "Projects" refers to those
public improvements required to mitigate the regional traffic impacts
of developm~lt Virithin the Tri-Valley Development/trea as specified
m Section 8.
.
ffi. 'T reasurer" refers to the finance director or treasurer of the Parry
unanimously selected by the TVTC to act as Treasurer pursuant to
this ~ar~wnent..
n. :Tri-Valley Transponation Development Fee" or'TVTD Fee'! refers to
u~e fees t.o be imposed by the Cities and Counties on development
"withm the T ri- Valley Development Area. The project list for the T ri-
Valley TT2J."""lSportation Development Fee is in Section 8 of this
Agreement..
o. :~TVTC" refe...~ t.o the Tri-Valley Transportation Council "which is
defined in t...lte "J oint Powers Agreement by and among the County or
l:Jameda, COllilLV or ConLe. Cosu, TOVi'Il of Danville and Cities Dr
./
Dublin, Livermore, Pleasanton and San Ramon," dated ]'v1arch 1,
-=-=----_~_--_-:-----.l9?L-- --.0--,..---- ----..--.- -.-----:...~:-~_------.--- -.--- - ....--
.
-- -- - ------ --.
.: j DinT. '::s..~ercise of ?ov.re!"s Agre~-n~."t
._ _ T\ 12.) :ees TOT-T:;-affic lvliugation
?age 4 of ~2
A::>ti] :!4 1 ~98
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Section 3.
Purposes
This agreement is made pursuant to Law for the folloV\ing purposes:
a. To establish a framevi'ol-k for the enactment by the Parties of a Tri-
'Valley Transportation Development F~e (TVTD Fee), a uniform
regional fee on development 'within the Tri-Valley Development.Area
not legally precluded from the fee, to fund all or part of the necessary
transportation improvements identified in the Plan.
b. To help resolve regional traffic problems through implementation of
the P12.J.l and the TVTD Fee program.
c. To establish funding goals for identified Transportation Improvement
Projects and to seek commitments regarding funding for the
Transportation Improvement Projects.
d.
To establish mechanisms for collecting, managing and disbursing the
TVTD Fee and to formalize institutional arrangements .for the
iJ.-nplementation of the Projects to be constructed vvith fee revenues.
.
Section 4.
Duties of Treasurer
1 ne T rea5urer shall perform the follo"Vving Duties:
a. Keep a record of all TVTD Fees paid to the Treasurer by any Parry; all
TVTD Fees retained by any Parry pursuant to Section 6(b); and all
disbursements and e1..}Jenditures made by the Treasurer in accordance
'with this Agre~-nent;
Remit all T\TfD Fees, includino- interest earned thereon, to ACTA on
C>
a quarterly basis until ACTA has received 5;5,548,300 (less any
con"L."'"'ibution by Parties subject "to reimbursement pursuant to Section
i..d), vdurn is the total amount due 19 ~-\,q.L~~!i~.?llof.th~ Parties'
"'---~7:~~:::::Lo'calMatCh"A~eeme..l~ -~ .:- . h'-~"~ - -- - - ....
D.
. .-
- - . - - ___ _____ 0_- __ __ __. _ _,__ _ ._
_~.;,.:.: :- ~:.<.~~~:..; n_- .-';'_:-::... __. :-:::::__ _ .;. . ..
- - . -
--_.- ---_. - - .- --
- -...- - ---------- --
- --.- .
- --_.- -
- .._- ~ -lo:n-;.. =-'.:5ciSE: .or ?owe:-s .....-\QT~....m.=nt
- _ - v
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._.~.. 1 \. _.;..; .:-ees ror 1 :-amc. llugauon
n , Page 5 of 22
Ami] 24 1 ~98
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c.
Coordinate "with the Parties and ACTA to assure that no more than
$5,548300 in TVTD Fees an.d contributions are paid to ACTA, by
me Treasurer from the JOL.Lt TVTD Fee Account.;
.
d. Reimburse Parties from the Joint TVTD Fee Account pursuant to
Section 7;
e. Calculate interest due on reimbursements to Parties, pill"Suant to .
Section 7;
f. Transmit monies from the Joint TVTD Fee Account to Project
Sponsors fOT the planning, design and construction of the
Transportation Improvement Projects listed in Section 8 and DL
accordance v;rith the SEP;
g.. Reimburse project developers from the Joint TVTD Fee Accollil.t
pursuant 1.0 Section 15;
h.
Prepare reports required by Government Code s66000 et seq.
annually in a form that can be used by each Party 1.0 comply with
Government Code s66000 t:t seq. (':AB1600");
.
1. Account for all monies from the Joint TVTD Fee Account received in
accordance ~rith Government Code s6505;
J. Keep a record of the Treasurer's time and eApenses in performing the
Treasurer's duties hereunder; and
k. Other duties as specified by law or as required by the TVfC.
Section 5.
Collection of Tn-Valley Tran~ort.ation De-veJopment Fees
Each Parr;y agrees to collect me Tri-ValJey Transportation Development Fee on
deveJopmentJocated 'wiihitL the Tri-Valley DevelopmenLtu-ea that receives a Land
.. _'. Use Entit1~-nent from that Pd..i.l.y. The amonnt of tb~:~J~e?-s .~~s_o::ibe~ ~.Section 9.
--~~~~ ~_- --~L~~~~:~P;~~ ~i "c.~~~~~?~~~~ees'~~0. P?~ ~?"se~_ ~~. ~.~~-_.. - -....- - .
.. --
--- . .- ~
"_.-. ---"- ..-:;._--~.::. _. ~ ,- .":. .--.',: ~~ ----.=;, ..-
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-- .'- - .-.--- - - ---
.;. =: :.....:-:-~.. ---. ' -- - -..' -=-..
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___._ __..__ ___n__ .___ __ _'_ ,..' __ ._____.
- . ..- . ._--.. ----. -~ - . .
---:.~~--~-. ,-- - ---.-.. _. --- _. -.. ::. ..- .---.-
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-- - --- . _.
- . -. ._~--. --..-- - - - -..-.-- -~_._---
- - .-'. - .
-- -..-
_. _ loint -;:x~~ of PO'VIle!'S Agre~;rit _=. ~ .... ..
_ T\:JD F'ees ror Traffic WJ.itiCCltiO~
..' _ -- ',;:) . -
~ - r nn
rage a 0, .;...:,
- April 24 1998
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- - - "'-.
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a.
To adopt the necessa..ry ordinance(s) 2..J.ld!or resolution(s)to authorize
the collection of the T ri- Valley Transporunion Development Fee
"within its jurisdiction;
b. To require each project developer to pay the Tri-Valley Transportation
Development Fee prior to issuance of building pennits for the project
to the eALent pennitted by law.
c. To levy the Tri-Valley Transportation Development Fee on all
development projects not legally precluded from the fee.
d.
To apply the fee on all "significantll changes to existing development
agreements adopted after January 1, 1998. The TVTD Fee shall be
applied to all components of a project that are subject to an amended
or renewed development agreement.. ;:"..s used herein, "significant"
means any of the follov.ing: (i) change in land use type (e.g., office to
retail); (ii) intensification of land use types (e.g., increases in square
footage of approved Office); (iii) extension oftenn of development
agreements; 2.J.ld (iv) reduction or removal of project mitigation
requirements or conditions of appro"'Val.
To exempt from the fee public schools, Subsidized Housing
Development., and the goverrunental buildings owned by any public
entity unless a Party can and does impose the TVTD Fee on
goverrrmental buildings of a public entity other than one of the
Parties.
Section 6..
Tn-Valley Transport.ation Development Fee Acconnts
a. Each Parry shall place the TVTD Fees in an interest-bearing individual
account to be used speciJ.":ically for the Transportation Improvement
Projects. The deposits in each aCCOll..'Tlt shall be invested in the same
manner as other funds of the Party. For investment plliyOSeS the
funds may be pooled "\.'i'ith other fund.s as long as sepa...-ate accormting
is maintained ,and the account is credited v;dth the investment
-_.._--._-_.----~ '.-. -". ._-_. -.-----.-..
_,~--;:._',~~-'~~-~~~~::u .:~.~_-- e~~;:~;~=-;~~,~.-~,~~=~~~;:~'~-:~-'~:,', ~ ~ ~_~.. ,',~' .-: _.-:~. .,' _. " ,. '
-.-,.-' -- " ~.:~ b_~-~~~-~A,:'I~}.rit :DGGIf .Fec(,;.s-co~t.,~shan, b~~e~tablished by'the !T Teasurerll.
~..- - .,_:_:.-~~:=~~~~~~~~~:~~~~~S~L=~~~~~-!~~a;~~-~t4in- ~~ _da}:s-~tthe end
- ] C:"""1t -=xo-cise of ?ov.'e!'S A~e"~~t -
- - ___ __. _..... _ _ u ._
"'D:-rD Fees f?T T.affic Mitigation
p - ~ ')..,
.. age I or _~
ApriJ 24 1 ~98
- -~ .... - .-
_. __ __ - _____ ___ - __ - _0__'.
/6'
a< :5?
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of each quarter not less than 80% of all T\lTD Fees coDected by that
Party during the quarter, and any interest or L.T'lcome generated on .
such 80% amount, together "With notification of the T ransporta tion
Improvement Projects that the Party intends to fund vi'ith the retained
portion of the revenues.
c. Each party shall maintain a CL4"'Tent record of all funds retained by that
Parry, including interest or income on such funds and annually furnish
the Treasurer an accounting for inclusion in any audit of TVTD Fees..
Section 7..
Pavrnents to ACTA and Rein1bursement for ACTA Local Match
Contributions
a.
Pavment to ACTA for 580/680 Inte;chanp-e Pro;ect. Commencincr
. -" ~
"Pi>:ith the first quazter after the Fee Effective Date, the Treasurer shan
pay to ACTA all of the TVTD Fee revenues received from all Parties,
D""l.cluding interest earned thereon. Such payments shall continue on a
qllalLerly basis until ACTA has received $5.548,300, less any
contributions by Pcu-ries subject to reimbursement pursuant to Section
7.d. of this A.,OTeement.
.
b. Satisfaction of Local Match A~eements for the 580/680 Interchanfe
ProJect. Seve...-a1 of the Parties have indn>:idual agreements with ACTA
to provide Local Match Frmds for the 580/680 interchange project. It
is the int.ent of all of the Parties that the TVTD Fees coDected bv the
-'
Parties shall be used to satisfy these Local Match Agreements... In
order to cany out this intent, the T rea.surer, as part of the quarterly
payments. to ACTA described in Section 7.a, shall provide ACTA and
each of the Pa...-ties with an acconnting tracldng each Pan:y's total
cumulative payments until ACTA has received $5,548,300, less any
contributions by Pa:rties subject to reimbursement pursuant to Section
7.d of this ../i~OTeement.
c.. ShoniaD in P2:-:rnents to ACT/L The plli-pose of this subsection is to
. _ specify ho'\,v a -snprJall will be fu...1J.ded..
-_._-- " --------.- -_. . - ---;:- - -.-. --:~-_. "- -- - .. ._~._.-.-.-
--.-. _. ----- - -
-- --
.n'- -'.:.~. ~~.Ai:frie~-~Z:r0f an)~.fisca:i y~a.i~--ifACTAhasTece1ved-('via the Treasurer)
. ,- l~~s,~ the total cu~n~ative anioun!- (up t6..cu~dindudingthe"
- -':. -.cuinul=auve ,amo'unts' for that fiscal vear).tha1.ACTAshould-have -- - .--
- -. - --'" . -- . - - ." - - -' .- - ..:. . .. .
.
--. - . r~ ^
) :Jinl ..=..."{e;.-=:l~e ~! r~e...~ ...""l.gre~'"'!l~t _::
T\ llJ :;:~es fa: T :aruc lv"ritigation __ .._ '.__
Page B of ::2
Anril 24 1998
- - ---.. -- -----
/71!f3?
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received from ParJes with Local J\1atch Agreements, ACTA shaD
declare a shortfall 2..o.1d shalinotify the T rea.surer~
The T rea.surer and ACTA shall determine which Party (or Parties) is
short inits cumulative Local Match obligation through the fiscal year
for Virhich there is a cumulative shortfall.
If there is only one Party that is short., that Party shall fund the
shortfall.
If more than one Parry is short, then those Parties shall fund the
shortfall as follows: The amount of each Party's shortfall in its
cumulative Local Match obligation shall be compared to the amount
of that Panis cumwative Local Match obligation, eA'PTessed as a
percentage. That percentage shall be multiplied by the amount of the
shortiall in order to detennine each Partv's share of the shortfall.
./
"When ACTA receives monies from the Party (Parties ), ACTA sh.all
declare the shortfall funded.
.
EXAMPLES
1. Cumulative .Amount Paid to
Local Match
T rea.surer/ACTA Shortfall
Obligatio:ns
I Ciw X S; 600,000 $ 700,000
ICi-cyY , $ 300,000 $ 300,000
I City Z , $ 300,000 $ 200,000
I TOT.AL , $1,200,000 $1.200,000 $0
I"'";. :his eX2.m:Dle, even mouCTn Citv Z is $100,000 behind in its cumulative
--- -,. -. .... ,:, .'.
~.~-=: -=-:oDligauon lD~Ac.ui;-~e:~~.is.no~,shon:fa.1l;' and.'hence 'CityZ owes no .additional
. -~ . ~ - :revenues, because ACT A'his received. the lOW. ~~~t ofihe cuiTIwatiVe Local
~.~_€"a~O~~ga~on,~,-,gh_~,~]~: _~=~ ~_'- -----'-_ _ _
Joint =..'=.~s~ of~~:~ Agreem~t .. .
':-\:-rD rees.fo. Trafrlc Wlitigati;~ ". - _.
Patyp 0 oro ')')
::;,~ - --
April 24 1998
- -:-.-- _. -~ - - - ._-
. .
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--._-- -- -..-
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/7 ~ 57
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2. Cumulative Amonnt Paid to
Local Match
Treasurer/ACTA Shortfall
Obligations
I City Y $ 300,000 $ 300,000
I City Z $ 300,000 $ 150,000
I TOT.AL $1.200,000 $1,150,000 $50,000
In this e.:~mple, there is a $50,000 shortfall. City Z 'will need to fund the $50,000
shortfall from sources other than TVTD Fees.
,., Cumulative Amonnt Paid to
,). Local Match
Treasurer/ACTA Shortfall
Obligations
Ci't\, X $ 600,000 $690,000
City Y $ 300,000 $200,000
I City Z $ 300,000 $100,000
I TOT.AL $1,200,000 $990,000 $210,000
In This e.X2J:Ilple, there is a $210,000 shortfall. Because there are tvlTo Cities that
herve a shortfall, City Y's shortfall ($100,000) is compared to its cumulative Local
1\1aT.ch obligation ($300,000). That percentage is 33.33%. Therefore, City Y's
share of the shortfall is $70,000 [$210,000 x 33.33%J; City Z's share of the
5.J.~orJ"all is $140,000 [$210,000:x 66.67%]. CityY and City Z will need to fund
u~ese short.falls from sources other than TVTD Fees.
d. Reimbursement for ContlibutJons Made Prior to Fee Fffective Date.
"\Vithin SD..."1:\' davs of the Fee Effective Date or its designation as
.I ./ '-'
Treasur~, whio."lever OCClli-S later-, the Treasurer shall req~est from
. - - "~h.'__ .-.-- -- h -AC~t>.. ?- -stat~ent'-q>ecii)~g 1:he-cont:-"?bl!!:i?n~-by-.!?e-P~es_ to ..
. . .~~.~';'CTAforthe 580j68q LTlt.er~nge P_I?je:ctp~or-tC?_t!te F~~:.~ffective
. _.h . _ Date which h?-v~ bee~ f~)ll1!~ by.tJ:1e AS=T~,\.BoaTd_t.o n:eeti~ tlpolicy
"- .... - - . -- _.~_.'. - -------- ---
. - _. --- -~.-
) aim =--"":crCse or Powers Agreement
T\ lD ?~_io:rTraffic.:N'li~~tion
. P2. oe 1 0 of 22
c-
April 24 1998
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on Reimburseme...lt or Credit" (Exhibit B heret.O). Based on this
st2tement and following payment to ACTA of $5,548,300 Oess any
contributions by Parties subject to reimbursement pursuant to this
subsection), the Treasurer shall reimburse the party or Parties that
made such contributions, in the chronological order such
contributions were made, together with 5% annual simple interest
calc~ated from the Fee Effective Date, 'with the e.xception of the
folloViing contributions:
1. County of Alameda, $45,000,
11. City of Dublin, $111,700.
lll. City of Livermore, $1 I 1,700,
rv. City of Pleasanton, $203,700,
v. City of San Ramon, $10,000, and
. "\>5.. To"i'VTl of Danville, $9,600.
Such reimbu..-rsement shall be from TVTD Fees only and shall be made
as such revenues are available until all conuibutions have b~...n
reimbursed.
..A..s of ./ipril 16, 1998, the only Parties v;.wch have made contributions
which qualify for reimbursement pursuant t.o this subsection (d) are
the City of Dublin and the City of Pleasanton. These Parties are
entitled "to reimbursement. in the follovving amounts:
-
" _. -- ~
. -. _.- ---.--
. . .
..
. -..
e-
o . _ _ . .
. . - , ....-
-:-- ~. - __ - 0-
---------- -
.' u: - JOL,t E."erCse~of?o;.'-'erS.Agre-...ment
.. _ _~_ :~?2?-!~:for ~~ffi~ 1VJ.i~gation
. . Paoe 11 or 12
;:,
April 24 1 ~~B
-- ---- ----.----
.. - ..-
cJ, ~ -:f 3.;:7
Ci-ev of Dublin
.I
City of PJeasanton
.
1. Southerly e.'\:tension
of 1-580lHacienda
N.B. Bridge $51,000
2. Needed project right-
of-viray (Enea Property)
$552500
3.
Improvements to
Dublin Boulevard
$150.000
Total
$753,500
1. Southerly eA1:.ension
of 1-580lHopyard
N.R Bridge $115,000
2. 1-580/Hopyard
InterJiange
Landscaping
$220,000
3. Southerly o...1:.ension
of 1-580/Hacienda
N.B. Bridge $51,000
4. Needed project right-
of-Vi--ay (Rosewood
Drive) $43.4 ] 6
Total
$429,416
.
Additional contributions by these or other Parties for the
580/680 interchange project prior to the Fee Effective
Date which are found by the ACTA Board to meet its
"Policy on Reimbursement or Credit" (Exhihit B) '\i'i,W also
be entitled 1.0 reimbursement pursuant to this subsection
(d). .All such contributions will be credited by ACTA
against such Parties' obligations. For example, the
contributions by Dublin and Pleasanton through April
16, 1998, v'i':ill reduce those Parties' Local Match
obligations by $753,500 and $429,416, respectively, and
will reduce the total Local Match obligation to ACTA
from $5,548300 to $4,365,384. Thus, if the only
contributions to the 580/680 interw.'1ange project prior to
._. u...ec F,e~ Effe::tive.Date arethe foregoing conu-ibu,?ons by
"~ ~:-. Dublin ana-Pl"eisaTI1.on, the i?~ IpcaJ _Matcli.~bligapcm -. .
- - . -." 1"i'iIL:be met once ACTA.. ha~ received _$4~3 6~,3 8.4:" .
..
-..
. --... - -"
- -------_. ._- ..-...-......--.
. ..
--- -- _..~
. } O~l.t -=~cis: of ?ov.'e...or-s Agre~~l.t ._
- T\~ re~ ror Traffic lvIiu'2"ation
- -- - - -- . --. - - - -- . ----.- .~
.
Page 12 or 22
. Antil 24 1 ~~8 .
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e.
Reimhursement fOT Pa'7ments M",de After Fee Effective Date. If a
Party, after the Fee Effective Date. meets its obligation to ACTA for
Local Match Funds for the 580/680 interchange project from any
source other than TVTD Fee revenues, the Treasurer, upon written
request by the Parry and after ACT A has certi.fied that it has received
$5.548,300 (Jess any contributions by Parties subject to
reimbursement pursuant to section 7.d), shall reimburse the Party for
such contribution, together 'with five percent annual simple interest
calculated from the date of payment to ACTA Reimbursement shall
be from TVTD Fee revenues only and shall be made only after the
Treasurer has reimbursed any Parties for the contributions they made
prior to the Fee Effective Date, pursuant to Subsection (d) above.
Section 8-
Transport.ation Improvement ProJects
L'1e Tri-Valley Transportation Development Fee shall be used to nmd all or a
portion of the costs of the folloViwg projects:
.
2.
Improvements to the 1-580/l-680 interchange: construct a southbonnd
1-680 to eastbound 1-580 fiyover and associated improvements (not to
e.;;:ceed $5,548,300)
b. ImDrovements to State Route 84 between 1-580 and 1-680
.l.
c. .A.1.L-&iary lanes along 1-680 from Diablo Road to Bollinger Canyon
Road
do "\^/ est Dublin/PJeasanton B.ART Station
e. 1-580 HOVlanes between Santa Rita Road and Greenville Road
f. 1-680 HOV lanes from the State Route 84/1-680 interchange to the
top of the -,A.u.-nador Grade
-.. _=-_ _~.. ~.~._l~p~ov~e.."'n~ ~o .0~.~-~80~05?~..~O!_91~~ ~?~ Boulevard
--.,_~ ._' :'___;--mterchange:: :'. '. .....- . - --
-~t_-c,_,l~ ~o;I~;~Y~~I,S_ ~i6-89!Al~;S~_~o~~~ ~~~~ -.
- ----
-
} ::>1.:.""1t -=xercis~ of Fowers Agreem=nt _
_ ~_\~?~~_ f~: ~~~.fnc: ~~ti~ti?n
Pao~ 13 of ~2
'. C> . ..
April 24 1998
, __4
-------- ----
--- ------- .--
'7 /} .~
eo<.,?'- ~ ? '?
1.
Crow Canyon Road safety improvementwest of BoIlli'"1ger Canyon
Road
.
J~ Vasco Road safety improvements north of 1-580 "Within .Alameda
County
k. E"qJress bus service in the Tri-Valley area
Notwithstanding the foregoing, the TVrD Fee imposed and collected by the
County of Contra Costa sr.all not be used to fund the Projects specified in
subsections (d) and O() above.
S . 0
ection .-' .
Tn-Valley Tran~portation Development Fee .A.mount
The initial Tn-Valley Transportation Development Fees shall be as follows:
I Land Use Type Fee Per Unit
Single Fa.;.-nily Residential $1500 Dwelling unit
lvlulti Family Residential $1,050 DwellinCT unit .
/:)
Office $1.00 Square foot of gross floor area
,...,tail $1.00 Square foot of gross floor area
~
Indus-rr...al $0]5 Square foot of gross floor area
Ot.ner Uses $1500 Ave...-age a.m./p.m. peak hour trip*
:;: Peak-hour trips vvill be determined from the latest revision to the Institute of
T~.sportation Engineers' Trip Grneratian NIanual or other rate schedule as agreed
to by the TVTC. Notwithstancling the foregoing, the Parties may provide in
ilieir implementing ordinance or resolution that an applicant for a Land Use
:2ntitleme...'"1t ,....,ho is dissatisfied ~vith the number of peak-hOUT trips, as calculated
by the Party, may appeal the determination to the Party's legislative body. If
such an appeal is. granted by the Pa:n:y, and the Parry adjusLS the number of
pe.alz-hour "L.--ips., the Pa.:.-cy shall have such decisiC?TI ,ratified by frv.e membe:-s of
~...,. ~.:...- -.. _ -:- __:.:b.e.r~q:c:,: .A.bsent- suGh ra:tification,--the Plli""!j.' .shillpCiY- the clli.Cf~ence. beTWeen
'__ _ ' -..he a'ct:ual fee. ~Do~ed ~~d the I~e set forth in _thiS' Section 9"'or the Party shall
. . .. _ _ .' . _ . J. . . . - _ _ . . - . -
_ :-~,;:_~ ~;:,~~~a;;:~~7~ ~~fulJ~ am~"E~:ft]-aeo _m~~~e ~ald b)'tho .
Page 14 of:::2
Aoril 24 1998
} Di.."'1t :E...'l:erOse of Powe.-rs A~e'"...ment.
'-'
T\"TI? rees ror T.affi~~~tiga_tiDn __ ..._
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Section 10.
Effectjve Dat.e of Fee
The parties desiJ'e that the !ri-\iaJley Transportation Development Fee shall be
e.J.=fective in each jurisdiction on the same date. Accordingly, each party shall time
the adoption of its resolution or ordinance imposing the fee in such a manner that
u'1e fee shall be effective as of September 1, 1998 ('we Fee Effective Date").
e
Section II.
Strategic E).:penditure Plan
a. The initial Strategic o..'Penditu:re Plan ("SEP") is the 580/680
interchange project described in Section 8.a.
b.
Tne nrrc shall prepare and fo:rn.-ard to each Party a draft SEP, within
six months of the Fee Effective Date. The SEP shall include project
cost and revenue estimates for the TVTD Fee, a prioritization plan
and a timeline for project delivery. It shall also include reasonable
requirements for indemni.f:ication and insurance, as appropriate for
iL"1dividual projects, and may include requirements that. Project
Sponsors or other entities which construct any of the Projects defend
and inde:mni.fy the Parties. The SEP may also include guidelines
goverrting credit and/or reimbursement for developer-constructed
Projects as authorized by, and consistent ii\>ith, Section 15.
.!~ppropriate capital improvement procedures shall be reflected in the
SEP. .Any T\7TD Fees retained by the parties and not transmitted to
me Joint TV1D Fee ACCOlli"1t shall also be reflected \7\>ithin the SEP.
c. The SEP must be reviewed and approved unanimously by all of the
Parties. The SEP must be reviewed a1.least once every nvo years by
the TVTC_ Each revision shalll-equire unanimous approval by the
Tv"TC.
-
d.- .. The n!TC shall consider ~e follo\7\ring w-it.eriz-:when estiblishlng the. .
. --- n n pnon1); .of T ransporu'3. tion: lmprovement Pro.jects -m the SEP:
-e-. -
_ _ . u. ___
.. ..-.
~-'~~~.:~~::~-=-~ --_:- ~. ~(~}.:-=-- -:P-.T~jectJt~cfu:ies.s'- Abili~f oLP1:Q_j~~t:$pon~p:ri_tQ..E1~"y~_~~ctly..
Joint E."\:eT::ise ofF6wer-5 Agre~~t.
. TYTD :es T:JT T raffle lvIiti~tiDn
.-0_- _. '-"
Paoe 15 of:22
v
April 24 15J5J8
-
0_- __-.._
-
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1.0 final design and constJuction, v.rnich could be represented by. .
among other things, completion of environmental
documentation, inclusion of the project in the Regional
Transportation Improvement Program, preparation of plans,
specifications and estimates.
(ii) . Project Funding: Ability of pr-oject to '~everage" other funding,
eligibility of the project for e..\.lernaJ funding, or co:mmitrnent of
eJ...LernaJ funding.
(ill) Project Effectiveness: Ability of the project to address traffic
congestion or safety problems.
Section 12.
Time of Pavrnent
l.ne TVTD Fees shall be collected prior to the issuance of a building permit to the
e..-u.ent p~-rniLL.ed by 1a11(7.
Section 13.
Tn-Valley Fee Adjustments
.
2.. Each Party shan include an automatic adjustment of the TVTD Fee as
of March 1 of each year L.."1 its fee resolution or ordinance. The
.I
adjustment shall be based on the increase or decrease in the
Engin~-..ring News-Record Construction Cost Index for the San
Francisco Bay..A.uea for the period endmg December 31 of the
preceding calendar year.
In addition 1.0 the automatic adjustment provided in the TVTD Fee,
the Parties may agree to adjust the TVTD Fee to reflect revisions in
the project list in the T ri-Valley T ranspo:rt:ation Plan/Action Plan,
program revenue, increases in land values over the inflationary
h""lCreaSe or ot...'rte:r factors. The amount of such adjustments shall be
L.""lc1uded ,~ a vvtinen addenduJIl to this ..c~o:reement that shall be
. _.~ approved. b)~ each_ Parry and in ameJ1dm~:t:?..9t ea~Y ~dopted_fee
. . resolution or "Ordi..-riance. Conc6t.ed efforts shall be made to a1:LClct
'-and obtain other funds' from other available revenue sOuTces for which
H_._ _. _. - -:::... - - -=-_.- ~h;';""ro- . ';;cts ~.:.1 -....:"L 1 ~_ _~ =_. :. - -: : .:_ , _. - _.
- ..- ._-- d_ - - . .~- u. ~:Y J-:-. -ar~.t::.J.l~llJ-1,-. -, - .-:- _. - - _.- .-:"
b.
.
J D:'1'1t -=xb:-::ise of Powers Agre~ent
- 7\ lD :r:~..s i u.. T raffi~ lv"ut,igauon_
~h. _
-- - .- -- - - --- . -- - - --- - -
?aoe 16 of~2
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A:ori] 24 1908
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.
Section 14.
- Admin.i~trative Costs
Up to one percent of the TvrD Fees received by the T reasu.rer may be used to
cover the administiCitive costs of the Parry acting as the Treasurer and other costs
associated 'with the T\rrD Fee. Acceptable costs shall be specified in the SEP.
. Section 15.
Credit or Reinwursement for DeveJoper':'Constnlct.ed Projects
. The Parties shall provide in their implementing ordinance or resolution that a
developer who constnlcts all or part of one of the Transportation Improvement
P:rojects may be eligible for a credit or reimbursement, as provided herein. No
credit shall be applied and no reimbursement shall be made until the Parties have
be-en ful]y reimbursed pursuant to Section 7(d) and (e).
a.
Credit or Reirnbursement for Project Funded in SEP. A developer
Inay be eligible for a credit to be applied against payment of the
TVTD Fee if the developer constnlcts all or a part of one of the
Transportation Improvement Projects that is, at the time the
developer ~lters into an agreement for construction of such project,
included in the prioritization plan of the SEP as a project to be
funded.
.
A developer may be eligible for a reimbursement if the cost of
constnlcting such a Transportation Improvement Project, or a part of
such project, exceeds the amount of the TVTD Fee to be paid by the
developer. The amount of reimbursement shall equal the difference
beTWeen the cost of constructing an or a part of the Transportation
Improvement Project and the TVTD Fee for the development project.
Reimbursement shall be from nrrD Fee revenues only, and the right
to reimbursement shall terminate'ten years from the date the
deve10per eIltered into "Lhe agreement for cons"W-uction of the project.
J:ne 2J.J1ount of the credit, or the credit and reimbursement together,
. _ ~~ _ shall be-'in-2.!l,amount .eoual to the:_cost.of the TranSportation
:-._ - . J.. - - . - .
~ .:'- ~. -_ Improvements ~roject or portion thereof, a.s set forth in the SEP, and
.- _ -- -_~ -. :.. shall be calccla"'ied by the public "\Varks Dn-ector or City Engineer of
~ ..' ~~:,. =- _~:..:~-: -;: ~ the Parry gTaiiting the credit - (and -approv:ed by the "T'TT.C T edLTJical - .
~ -:_, -- ~- ~_-.-=- - - : /\.d\~or)/ 'Co:m:rIiiiteer-Tne credit, Oi- the-credit ai1d-rennburSement-- - --
~ - -- . -- - - ~ - ~. - - . -. ~
--.-.. ~-- ..._-- -.
- -
Joint "::xer6.se'of?owers Agreement -
T\:"TD ::e:::.s Jor T-:affic N'Jitigation
_ h-:._____ ~:c--
?a'2e 17 of ~2
~,
April ~4 1998
;<6
;./' 3?
-...i
together, shall be CAlculated at the time the developer enters into an .
2greement for construction of the Transportation Improvement
Project and posts bonds. The credit shall be granted at the same time.
Once CAlculated, the amormt of T""--imbursement shall not increase for
inflation nor shall it accrue interest.
b. Reiniliursenlent for Projects Not Funded in SEP. If a developer
constmcts all or a part of a Transportation Improvement Project that
is not, at time the developer enters into an agreement for construction
of such project, included in the prioritization plan of the SEP as a
project to be funded, the developer may be eligible for be
reimbursement from the Treasurer, provided that the SEP is
subsequently revised "to include the improvement in the prioritization
plan as a project to be funded. In such event, the amount of
reimbursement shall be calculated by the Public Works DiJ.-ec"tor or
City Engineer of the Party in which the development is located (and
approved by the TV1'C T echnica1 .Advisory Committee) and shall be
equal "to the cost of the project or porLion thereof, as set forth in the
SEPOo The amount of the reimbursement shall be calculated when the
developer enters into an agTeement for construction of the .
Transportation Improvement Project and posts bonds. Once
CAlculated, theamormt of reimbursement shall not increase for
inilation nor shall it accrue interest. Reimbu.rsement shall be from
1'V1'D Fee revenues only, and the right to reimbursement shall
te.t.-minate ten years from the date the developer entered into the
agreement for construction of the project.
Section 16.
}unendments
.!. .his Agreement may be amended at any time by an amendment mutually executed
by the Cities and Cormties. Such amendments shaTI be approved by the governing
DDard or council of each Parr:v..
.I
Section 17.
_ .-_. .:,__lnferpretati6n of ~A.tieerilent_m - ~..
. - .
-_ 2"o~g h-" this-~;rec:ment s}..all be constJued to-ho}ci"an); Party liable to any other .
__ __ ~~'~-,~ '~::P.arr'y~ or.aTI-iperSo-n not-i'parcy hereto, for the design,construc.tion, mstaTIation,
. -. ,~ ~-=-In.s-oecLio71., .ope.t.-a:don, rnaIntenance and/or Te-oarr01 anv oltfie Tiinsp. ona-b.on ,-_.
_ __.... J.")
i omt -::x~e of Pov.':=s Agreement
n lD res ior T ::-afiic lYritisation -
-" -- _. - Q
Page 18 of 22
April 24 1998
,:( /) -.-r" ~. ,,~/
v. - --''/
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.
l:mDmvement Pro)"ects because the first Parrv.coDected TVTD Fees that were used
~ ~
for the design, construction, insta.l1ation, inspection, ope..'dtion, maintenance and/or
repair of any Transportation Improvement Project.. This ~crreement is designed to
implement the subvention or disbursement of public funds from one public agency
to another and accordingly is not an agreement as defined in Government Code
>:QO-
~u_.).
A Party is not liable to another Party for the inadvertent failure or legal inability to
coDect a TVTD Fee.
Section 18.
Term of Agreement
This ~OTee.t-nent shall remain in effect from the Effective Date in the opening
paragraph until the Projects listed in Section 8 have been fully constructed and/or
acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until
the Transportation Improvement Projects are fully constructed and/or acquired.
.
Section 19.
Attornev.s' Fees
If legal aC"'":.ion is necessary to enforce this agreement, the prevailing Party is entitled
to reasonable court. costs and attorneys' fees against the Party found to have
breached me agrecwnent..
Section 20.
Powers
Tne powe=:s of this Agreement shall be exercised subject to the restrictions upon the
e..."(~cising of such powers by the Treasurer, as provided in 86509 of the
Gove-TTl..L-n~t Code.
Section 21.
SoJe AfTeement
:-. :' .~-:-=- T.s.~~, A.gree..~e.."l.lj~=~~sp1e 2.gT~:~~t ?~ th;~uhjecim~tte~-of this A~~e~e.."l.t
~ ~ - . ~.__:. _ De1:\.i~een)jle p2..;.-ti~~:.. _' _'_ ., _
..-:>~ - --~.~. . -. - -: - - - . .. -- - -.-. ~. -_.~ --~-
. .
--.--.-
~_......-._----- - -- -.':"-.--. - ---_.;. -- --- -.- - -_.._. .. .
: J oint E.~er:ise of Powers Agreem::nt ''-:
. lYTD re5 ror T..affic W.Li.tigation
.. - . - ..' ~
Pae>e 19 of 22
~
April 24 1998
._--_.-
- . -- -
----- -- ..- - -. --
- - . - - _. .
::: ~-
S ~ ??
ectJon __.
No A~ency or Entity Created
By entering into this ~C'lTeement, the Parties are not creating a separate agency or
entit\7.
J.
Section 23.
Signatures
This ~C'lTeement may be signed in counterparts 'with the signature pages attached to
fonn a complete docume.."Lt.
...;'PPROVED BY:
COUNTY OF CONTRA. COSTA
b.,...,....
\ .
hs:
Au.eSl:
Ocr:k of the Board of Supervisors
COD"NTY OF .A.LAM:EDA
By:
Its:
Arrest:
Oe:::-k of the Board of Supervisors
-. ----- -- - -....
- .
-
.- .. -' .
-
---_.
.. - -
__.~__ _0- _._ __ __._ ._ _ ___ _
--
Joint ~se of?O'tvers ....;.greement
_ 7\"TD }=e~ i:::r:.T .affic Wlitigatio;:J
Page 20 of 22
Anril 2-4 1 Sl98
.- ,
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crIY OF SA~ RAJv10N
By:
Its:
Attest:
Citv Oerk
J
TO"WN OF DA1\iVILLE
By:
hs:
Arrest:
T OV~'Il Oerk
CITY OF Du"DLIN
By:
11s:
_~nest:
City Oerk
Clrr OF LIVERMORE
By:
hs:
_ ~J..LLest.:
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Page 21 of 22
April.24 1 ~98
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CITY OF PLLt:SANTON
.
By:
Its:
Attest:
Citv Oerk
./
.
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--- joint Exer::ise of PowerS Agr~ent
. l\'lD :::ees-ror T .-a.c-nc Nil ti ga ti on
':::a CFe> r'l') of'" '!
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Anri124 1998
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.
JOINT EXERCISE OF
POWERS AGREEMENT
PERT.4JNING TO
Tri- Valley Transportatiol1 Developll1ellt
Fees for Traffic Mitigation
.
BY Al\.1D AMONG
The County of Alameda,
The County of Contra Costa,
The City of Dublin,
The City of Livermore,
The City of Pleasanton,
The City or San Ramon, .And
.I
. -
~-'-~=-~-~-=-.=-~~-: ~ ~:~,= ~-=~~ ~'-~._--:--Th-~ -To:,\-7\'TI Df D anyill e:"~ ~-- =---:- - -. . ~.- ~ -:.:~~.~::-=---
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trvrrc Joint Ex'ercisc
of Powers Agl'CClllcnt
Exltibit CIA"
· vnu.,"kn,"~ Coun'y. ""~.nlr", tit.. on
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RESOLUTION NO. - 98
.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO TRI-VALLEY TRANSPORTATION DEVEWPMENT FEES
FOR TRAFFIC MITIGATION WITH MODlFICATlONS
WHEREAS, by Resolution No. 55-98 the Council approved the Joint Exercise of Powers
Agreement Pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation between the
County of Alameda, the County of Contra Costa, the City of Dublin, the City of Livermore, the City of
Pleasanton, the City of San Ramon and the Town ofDanville; and
WHEREAS, the Council has been presented with changes to the agreement and is in concurrence
thereto; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the
modifications to the Joint Exercise of Powers Agreement Pertaining to Tri-Valley Transportation
Development Fees for Traffic Mitigation between the County of Alameda, the County of Contra Costa,
the City of Dublin, the City of Livermore, the City of Pleasant on, the City of San Ramon and the Town
ofDanville with changes shown on Attachment 1, and the Mayor is authorized and directed to sign the
modified Joint Exercise of Powers Agreement.
.
PASSED, APPROVED AND ADOPTED this 16th day of June, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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those Parties' Local Match obligations by $753,500 and
$429,416, respectively, and will reduce the total Local
Match obligation to ACTA from $5,548,300 to
$4,365,384. Thus, if the only contributions to the
580/680 interchange project prior to the Fee Effective Date
are the foregoing contributions by Dublin and Pleasanton,
the total Local Match obligation 'will be met once ACTA
has received $4,365,384.
.
e.
Reimbursement for Payments Made After Fee Effective Date. If a Party,
after the Fee Effective Date, meets its obligation to ACTA for Local
Match Funds for the 580/680 interchange project from any source other
than TVTD Fee revenues, the Treasurer, upon written request by the
Party and after ACTA has certified that it has received $5,548,300 (less
any contributions by Parties subject to reimbursement pursuant to
section 7.d), shall reimburse the Party for such contribution, together
vvith five percent annual simple interest calculated from the date of
payment to ACTA. Reimbursement shall be from TVTD Fee revenues
only and shall be made only after the Treasurer has reimbursed any
Parties for the contributions they made prior to the Fee Effective Date,
pursuant to Subsection (d) above.
.
Section 8.
Transportation Improvement Projects
The Tri-Valley Transportation Development Fee shall be used to fund all or a portion
of the costs of the following projects:
a. Improvements to the I-5801I-680 interchange: construct a southbound 1-
680 to eastbound 1-580 flyover and associated improvements (not to
exceed $5,548,300)
b. Improvements to State Route 84 between 1-580 and 1-680
c. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road
d. West DublinJPleasanton BART Station
e. 1-580 HOV lanes between Santa Rita Road and Greenville Road
f.
1-680 HOV lanes from the State Route 84/I-680 interchange to the top
.
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
A TTA.'...C'H', ,M, ENT /,
~ ~ _ L. It ". ~.
~,,, ..L.i, i~.::<::"j :r-\ /ni,; /.~'-kO;;$
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.
.
.
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of the ~~(}1 Grade
g.
Improvements to the 1-580IFoothill Road/San Ramon Boulevard
interchange
h. Improvements to I-680/Alcosta Boulevard interchange
1. Crow C~yon Road safety improvement west of Bollinger Canyon Road
J. Vasco Road safety improvements TlOi-th orI~580wiihin-Alameda
County
k. fu.'Press bus service in the Tri-Valley area
Notwithstanding the foregoing, the TVTD Fee imposed and collected by the County
of Contra Costa shall not be used to fund the Projects specified in subsections (d) and
(k) above.
Section 9.
Tn-Valley Transportation Development Fee Amount
The initial Tri-Valley Transportation Development Fees shall be as follows:
I Land Use Type Fee Per Unit
Single Family Residential $1,500 Dwelling unit
Multi Family Residential $1,050 Dwelling unit
Office $1.00 Square foot of gross floor area
Retail $1.00 Square foot of gross floor area
Industrial $0.75 Square foot of gross floor area
Other Uses $1,500 Average a.m./p.m. peak hour trip*
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
Page 13 of 22
June 1, 1998
Attachment 1 (2 of 4)
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~ Peak-hour trips vvill be determined from the latest revision to the Institute of .
Transportation Engineers' Trip Generation Manual or other rate schedule as agreed .
to by the TVrC. Notwithstanding the foregoing, the Parties may provide in their
implementing ordinance or resolution that an applicant for a Land Use Entitlement
who is dissatisfied with the number of peak-hour trips, as calculated by the Party,
may appeal the determination to the Party's legislative body. If such an appeal is
granted by the Party, and the Party adjusts the number of peak-hour trips, the
Party shall have such decision ratified by five members of the TVrC. Absent such
ratification, the Party shall pay the difference between the actual fee imposed and
the fee set forth in this Section 9 or the Party shall notify the applicant that the full
amount of the fee must be paid by the applicant.
Section 10.
Effective Date of Fee
The parties desire that the Tri-Valley Transportation Development Fee shall be
effective in each jurisdiction on the same date. Accordingly, each party shall time the
adoption of its resolution or ordinance imposing the fee in such a manner that the fee
shall be effective as of September 1, 1998 (lithe Fee Effective Datell).
.
Section II.
Strategic Expenditure Plan
a. The initial Strategic Expenditure Plan (IISEplI) is the 580/680
interchange project described in Section 8.a.
b.
The TVrC shall prepare an;,w-=_'
f?~ard t~sach Party a <. :liill
~~~~tDJ. Dr ~ SEP, within six months of the Fee Effective Date.
The SE . shall include project cost and revenue estimates
for the TVrD Fee, a prioritization plan and a timeline for project
delivery. It shall also include reasonable requirements for
indemnification and insurance, as appropriate for individual projects,
and include requirements that Project Sponsors or other entities
which construct any of the Projects defend and indemnify the Parties.
The SEP ~~!11 also include . delines govemin credit and/or
reimbursement for err ,:e.dc1P.:FG: ;develo er-constructed
....._".,., _'>"">M~,~"";,d<'~--"" ''"'''.''~0f:~>-'_'N'<-' .'~' ::"n
Projects as authorized b , and consistent with, . . *.,'~ ~~,Q
Section 15(a) and (b) ;e. Appropriate capital improvement
.
J oint Exercise of Powers Agreement
TVTD Fees for T raffle Mitigation
Page 14 of 22
June 1, 1998
Attachment 1 (3 of 4)
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by the Cities and Counties. Such amendments shall be approved by the governing
board or council of each Partv.
.I
Section 1 7.
Interpretation of Agreement
Nothing in this Agreement shall be construed to hold any Party liable to any other
Party, or any person not a party h~reto, for the design, construction, installation, .
inspection, operation, maintenance and/or repair of any of the Transportation
Improvement Projects because the first Party collected TVTD Fees that were used for
the design, construction, installation, inspection, operation, maintenance and/or
repair of any Transportation Improvement Project. This Agreement is designed to
implement the subvention or disbursement of public funds from one public agency to
another and accordingly is not an agreement as defined in Government Code s895.
A Party is not liable to another Party for the inadvertent failure or legal inability to
collect a TVTD Fee.
Section 18.
Term of Agreement
This Agreement shall remain in effect from the Effective Date in the opening
paragraph until the Projects listed in Section 8 have been fully constructed and/or
acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the
Transportation Improvement Projects are fully constructed and/or acquired.
Section 19.
Attorneys' Fees
If legal action is necessary to enforce this agreement, the prevailing Party is entitled
to reasonable court costs and attorneys' fees against the Pany found to have breached
the agreement.
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
Page 18 of 22
June 1, 1998
Attachment 1 (4 of 4)