HomeMy WebLinkAboutReso 145-09 Tri-Val Trans Dev FeeRESOLUTION NO. 145 - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
ADDENDUM II TO THE JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES
FOR TRAFFIC MITIGATION
WHEREAS, 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 Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of
Regional Significance; and
WHEREAS, the TVTP/AP identified 11 high priority transportation improvements to the
regional transportation system necessary to accommodate traffic growth from ongoing
development in the Tri-Valley area and elsewhere; and
WHEREAS, the City of Dublin entered into a Joint Exercise OF Powers Agreement
("JEPA") in 1998 with other Tri-Valley jurisdictions to implement aTri-Valley Transportation
Development Fee (TVTD Fee} to fund all or part of the $763 million cost of these 11 original
high priority projects in the TVTP/AP; and
WHEREAS, since its inception, the TVTD Fees collected have been used to help
complete several of these 11 high priority projects, and the remaining projects now have an
unfunded balance of $369 million (in 2008 dollars); and
WHEREAS, the TVTC agreed to adopt non-controversial amendments to the JEPA in
advance of adopting an updated Strategic Expenditure Plan, which include:
a. Adoption of an affordable housing exemption
b. Modification of the amount of the "Other Uses" fee
c. Amendment of the administrative fee language to provide a mechanism to fund
administrative services
d. Incorporation of a reference to the new state legislation that allows local
jurisdictions to defer the collection of fees until Building Occupancy
WHEREAS, the City Council of the City of Dublin granted authorization on May 19, 2009,
for the City of Dublin's representative to endorse the JEPA amendment at an upcoming noticed
public hearing of the TVTC; and
WHEREAS, the TVTC on July 20, 2009, unanimously approved Addendum II to the
JEPA at a noticed public hearing.; and
WHEREAS, the TVTC requests each member agency to adopt Addendum II to the
JEPA.
Page 1 of 2
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows:
1. The City Council of the City of Dublin authorizes the Mayor to execute Addendum
II to the Joint Exercise of Powers Agreement Pertaining to the Tri-Valley
Transportation Development Fees for Traffic Mitigation attached as Exhibit A.
2. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following
vote
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTE~T:
City Clerk
Mayor
Reso No. 145-09, Adopted 10-6-09, Item 7.1 Page 2 of 2
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ADDENDUM II
TO
JOINT EXERCISE OF
POWERS AGREEMENT
PERTAINING TO
Tri-Valley Transportation Development
Fees for Traffic Mitigation
BY AND AMONG
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 of Danville
EXHIBIT g
ADDENDUM II TO JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO
TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES FOR TRAFFIC
MITIGATION
This Second Addendum to Joint Exercise of Powers Agreement Pertaining to Tri-Valley
Transportation Development Fees for Traffic Mitigation ("Addendum") is entered into by and
among the County of Alameda, a political subdivision of the State of California ("Alameda
County"); the County of Contra Costa, a political subdivision of the State of California ("Contra
Costa County"); the City of Dublin, a municipal corporation duly organized and existing under
the laws of the State of California ("Dublin"); the City of Livermore, a municipal corporation
duly organized and existing under the laws of the State of California ("Livermore"); the City of
Pleasanton, a municipal corporation duly organized and existing under the laws of the State of
California ("Pleasanton"); the City of San Ramon, a municipal corporation duly organized and
existing under the laws of the State of California ("San Ramon"); and the Town of Danville, a
municipal corporation duly organized and existing under the laws of the State of California
("Danville"). Alameda County, Contra Costa County, Dublin, Livermore, Pleasanton, San
Ramon and Danville may hereafter be referred to collectively as the "Parties" and individually as
a "Party." The effective date of this Addendum shall be the date the Addendum is approved and
signed by all Parties.
RECITALS
A. On or about April 22, 1998, the Parties entered into a Joint Exercise of Powers
Agreement Pertaining to Tri-Valley Transportation Development Fees for Traffic
Mitigation ("JEPA").
B. Section 3 of the JEPA provides that one of the purposes of the JEPA is to establish a
framework for the enactment by the Parties of a Tri-Valley Transportation Development
Fee (TVTD Fee).
C. Section 13 of the JEPA provides that the Parties "may agree to adjust the TVTD Fee to
reflect revisions in the project list in the Tri-Valley Transportation Plan/Action Plan,
program revenue, increases in land values over the inflationary increase or other factors.
The amount of such adjustments shall be included in a written addendum to this
Agreement that shall be approved by each Party and in amendments of each adopted fee
resolution or ordinance."
D. Section 16 of the JEPA provides that the JEPA "may be amended at any time by an
amendment mutually executed by the [Parties]. Such amendments shall be approved by
the governing board or council of each Party."
E. On or about September 8, 1999, the Parties approved a reduction of the TVTD Fee rate
for developments in the "Other Uses" category.
Addendum II Page 2 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
F. On or about September 7, 2004, the Parties approved Addendum I to Joint Exercise of
Powers Agreement, which amended the JEPA to adjust the TVTD Fee for developments
in the Multi-Family Residential, Office and Industrial categories.
G. The Parties now desire to amend the JEPA to restore the TVTD Fee rate in the "Other
Uses" category to the rate that was supported by the original Fee Nexus Study, completed
in 1995, and prepared to support the enactment of the TVTD Fee; allow for fee
exemptions for certain low income units; provide for fees to be collected after building
permit issuance under specified circumstances; and allow specified fee revenues to be
used to pay administrative staffing costs of the Tri-Valley Transportation Council
("TVTC") to the extent permitted by law.
NOW THEREFORE, the Parties agree to amend the JEPA as follows:
ADDENDUM
Section 5 of the JEPA is amended by deleting Subsection S.b. in its entirety and replacing
it with the following:
b. To require each project developer to pay the Tri-Valley Transportation
Development Fee for the project to the extent permitted by law according
to the terms of Section 12 of this Agreement.
2. Section 5 of the JEPA is amended by adding the following as Subsection S.f:
f. To adopt standards for the. approval of fee waivers for affordable and/or
inclusionary housing units, as such units may be defined by state or local
laws or regulations, with affordability terms as determined by each Party
in its sole discretion.
3. Section 9 of the JEPA is hereby deleted in its entirety, and replaced with the
following:
Section 9.
Tri-Valley Transportation Development Fee Amount
The Tri-Valley Transportation Development Fees shall be as follows:
Addendum II Page 3 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
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FY 2009-2010 TVTD Fee Schedule
Land Use Type Fee Per Unit
Single Family Residential $2,181 Dwelling Unit
Multi Family Residential $1,387 Dwelling Unit
Office $3.91 Square foot of gross floor area
Retail $1.46 Square foot of gross floor area
Industrial $2.65 Square foot of gross floor area
Other Uses $2,181 Average a.m./p.m. peak hour trip*
Affordable Housing $0 .Dwelling Unit
* Note: Peak-hour trips will be determined from the latest revision to the Institute of
Transportation Engineers' Trip Generation Manual or other rate schedule as
agreed to by the TVTC. 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 TVTC.
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.
4. Section 12 of the JEPA is hereby deleted in its entirety and replaced with the
following:
Section 12
Time of Payment
Except as otherwise provided below, fees shall be collected prior to
issuance of building permit to the extent permitted by law. At the sole
discretion of the Party responsible for issuing building permits, fees may
be collected after building permit issuance pursuant to government Code
section 66007 provided that the Party and the project developer enter into
an agreement regarding payment of the fees. The agreement shall outline
the schedule. for payment of fees and shall provide for escalation of
amount owed based on the increase in the Engineering News-Record
Construction Cost Index for the San Francisco Bay Area from the date of
building permit issuance to the date of payment of the fees.
Addendum II Page 4 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
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5. Section l4 of the JEPA is hereby deleted in its entirety and replaced with the
following:
Section 14
Administrative Costs
To the extent permitted by law, up to one-half percent of the TVTD Fees
received may be used to pay the administrative costs of the Party acting as
the Treasurer and other costs associated with the TVTD Fee, and an
additional one-half percent of the TVTD Fees received may be used to pay
TVTC administrative staffing costs. Acceptable costs shall be specified in
the SEP. In the event of a conflict between this section and provisions in
the Joint Powers Agreement By and Among the County of Alameda,
County of Contra Costa, Town of Danville and Cities of Dublin,
Livermore, Pleasanton and San Ramon, dated March 1, 1991, concerning
development of the Tri-Valley Area, this section will control.
6. This Agreement may be executed in counterparts with the signature pages
attached to form a complete document.
APPROVED BY:
COUNTY OF CONTRA COSTA
By:
Dated:
Its:
Attest: David J. Twa, Clerk of the Board of Supervisors
and County Administrator
By:
Clerk of the Board of Supervisors
Addendum II Page 5 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
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COUNTY OF ALAMEDA
By: Dated:
Its:
Attest:
By:
Clerk of the Board of Supervisors
TOWN OF DANVILLE
By: Dated:
Its:
Attest:
By:
Town Clerk
CITY OF DUBLIN
By: Dated:
Its:
Attest:
By:
City Clerk
CITY OF LIVERMORE
By: Dated:
Its:
Attest:
By:
City Clerk
Addendum II Page 6 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation
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t-
CITY OF PLEASANTON
By:
Its:
Attest:
By:
City Clerk
CITY OF SAN RAMON
By:
Its:
Attest:
By:
City Clerk
Dated:
Dated:
Addendum II Page 7 of 7
Joint Exercise of Powers Agreement
TVTD Fees for Traffic Mitigation