HomeMy WebLinkAboutReso 085-99 TV Trans Dev FeesRESOLUTION NO. 85 - 99
A RESOLUTION OF TI~E CITY COUNCIL
OF THE CITY OF DUBLIN
REVISING THE RESOLUTION ADOPTING THE
TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES
RECITALS
WHEREAS, in June 1998 the City Council adopted (Resolution No. 89-98 imposing a Tri-Valley
Transportation Development Fee (TVTD Fee);
WHEREAS, Resolution 89-98 3vas intended to reflect the provisions of the Joint Powers
Agreement that Dublin had entered into with Livermore, Pleasanton, San Ramon, Danville, Alameda
County and Contra Costa County, which JPA provides that each party agrees to collect the TVTD Fees on
development that receives a land use entitlement, to levy the TVTD Fees on all development project not
legally precluded from paying the Fee (including projects subject to development agreements), and to apply
the Fee to projects exempt from payment of the Fee by the terms of the development agreement when
there is a significant change (as defined) to the development agreement; and
WHEREAS, Resolution No. 89-98 contains language that could be read to exempt from the TVTD
Fee all projects with development agreements, not just those projects with development agreements that
exempt such projects from the Fees; and
WHEREAS, the intent of the JPA and Resolution No. 89-98 was not to exempt all projects with
development agreements, but to exempt only those projects with development agreements with terms that
expressly exempt them from the Fee; and
WHEREAS, TVTD FEE includes an annual adjustment as of March 1 but the information for
determining adjustments is not available until after March 1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that:
Section 1. Resolution No. 89-98 is hereby amended by revising Section 4 thereof as follows:
"Section 4. Exemptions From TVTD Fee.
The TVTD Fee shall not be imposed on any of the following:
(Subsections a - f, no change.)
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Development projects which are subject to a
development agreement (which by such
agreement's terms would exempt the
developer from paying the TVTD Fee), except
that the TVTD Fee shall be applicable to any
such development project when, after January
1, 1998, there is a "significant" change to the
project's development agreement. As used
herein, "significant" means any of the
following: (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 of the term of
the development agreement; and (iv) reduction
or removal of project mitigation requirements
or conditions of approval."
Section 2. Resolution No. 89-98 is hereby amended by revising Section 5(a) as follows:
(a) The TVTD Fee shall be adjusted
automatically each July 1 by the increase or
decrease in the Engine. ering News-Record
Construction Cost Index for the San
Francisco Bay Area for the period ending
December 31 of the preceding calendar
year.
(b) no change
Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 4th day of May, 1999, by the following vote:
AYES:
Councilmembers Howard, Locl~hart, McCorrnicl;, Zil;a and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
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CITY0~LERK "-
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