HomeMy WebLinkAboutReso 055-98 JPA TVTranDevFeeRESOLUTION NO. 55 - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING "JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO THE TRI-VALLEY TRANSPORTATION~
DEVELOPMENT 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
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 of Danville (Attachment 1
hereto); and
WHEREAS, the City Manager has recommended approval of the agreemem; and
WI~REAS, prior to adopting a fee, as provided in the agreement, the Council will comply with the
California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the "Joint Exercise of
Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation"
(Exh'bit A) and authorizes and directs the Mayor to sign the agreement.
PASSED, APPROVED AND ADOPTED this 5th day of May, 1998.
AYES:
Councilmembers Barnes, Burton, Lockhart and Mayor Houston
NOES: None
ABSENT: Councilmember Howard
ABSTAIN: None
ATTEST: /,j,/ ~
',- C~y Clerk
Ka/G/5-5-98/resojepa. doc
g~gemise~resojpmdoc
ATTACHMENT 1
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
ATTACHMENT /.
JOINT EXERCISE OF POWERS AGREEMENT
Tri-Valley Transportation Development Fees for _Traffic Mitigation
This JOINT EXERCISE OF POWERS AGREEMENrT (the "Agreement") is entered
into dais 22nd day of Apx41, 1998 (the "Effective Date") pm~uant to Government
Code §6502 by and among the COUNTY OF CONTRA COSTA ("Conta~ Costa"),
a political subdivision and body cmlom~te and politic of the State of California; the
CITY OF SAN RAM ON ("San Ramon"), a mtmicipal corporation duly organized
and existing under tl-~e laws of the State of California; and the TOWN OF
DANrVILLE ("DamdJle"), a mtmicipal corpm~tion duly organized and existing
reader the laws of thc State of California; the COUNTY OF ALAMEDA ("Alameda
County", together with Cont2~ Costa, the "Counties"), political subdivision and
body cox~pox~te and politic of the State of CalffmTda; the CITY OF DUBLIN
("Dublin"), a municipal cm~pm~tion duly organized and existing under the laws of
the State of Calffonqia; the CITY OF LIVERMORE ("Livermore"), a municipal
cm~pm~tion duly organized and existing under the laws of the State of California;
the CITY OF PLEASANrFON ("Pleasanton", together with the other cities and
tox,x~, the "Cities"), a municipal cmporation duly organized and existing under the
laws of the State of California. The Cities and Counties may be refen-ed to
collectivdy as the "Parties."
RECITALS
This Agreement is based on the following facts and circumstances:
Tri-Valley Development Area. There exists in Alameda County and
Contz~ Costa County a geographical area comprising the San Ramon Valley,
Livennore Valley and Amador Valley. This Txi-Valley area contains the
Cities and pm~ons of the Counties. The approxirnate boundaries of the T~4-
Valley Development Area are shown on the map attached as Exhibit A.
B. impact of DevelOpment. The Association of 13a~ Ar4a GoYerrunents
' 'forecasts that by.the year. 2020_ ~e T~4-¥~ney Developm_ent'A~'eawill
:-: .... "..,.... .... ;~7..~.~:~a~n.~a~ditib.na1.1$7;~a~.i+~.~i~ents~.58.;~?.~.~/x~h6~ds. and ' ~
~-- .-.. -, .. -_. - 12t,000 new jobs.!.- The'~ts~ffic impact from these isew 'residential .units and
commercial .uses, .as well as additional development-'beYOnd the year 2020,
~..:: i._': ...... '-'.': ,~dllii'a'dyei-~'~lS{affeT~ th~"qUalit~7.6'f lif82for'6i~i-'4~'S~'if4sideh.t~:8:i.*-kg Cities-
Joint. Exercise of Po~vers A~eement ....... · ....
T¥"TD Fees for Traffic Mitigation .. . .....
Page 1 of 22
April 24 1998
and Counties x~dthin the Txi-Valley Development Area urdess those regional
impacts are mitigated by off-site sti'eet improvements.
Regional Projects. The Cities and Counties have iden .tified, through the
Tri-Valley Tmnspmxation Plan/Action Plan for Routes of Regional
Significance (the Plan), regional Tmnspmxation Improvement Projects, listed
in Section 8 of this Agreement, which are designed to help mitigate the
regional impacts of forecast development x~dthin the T~5-Valley Development
26~re~t.
Do
Tri-Valley Regional Fee. State law allows the Cities and Counties to
establish a fee.on all new development uSthin the Tri-Valley Development
Aa'ea which would finance all or a pm~ion of these Transpmxation
Improvement Projects.
Collection and Use of Improvement Fees. The Pax~ies agree to collect
fees for the Tmnspmxation Improvement Projects on a unifmTn basis and to
use the fees collected in a coordinated manner to provide for financing and
constx~ction of the Transpmxation Improvement Projects.
NOW, THEREFORE, the Pa~xies agree:
Section 1.
Parties
The Pa~xles to this Agreement are the Cities and Counties.
Section 2.
Definitions
a. "ACTA" refers to the Alameda County Transpmxation Authority, a
legal entity created by statute. ACTA and several of the Pallies are
parties to separate agreements, entitled "Local Match Agreements,"
whereby such part/es have committed to provide funding to ACTA for
construction of the 1-580/680 Interchange improvements.
............. : ..... "-'b~:.:-TT--277-~'~)~"'Floor Area" refe= to the sum'-of-t:he amg at-:each floor level,
' ' - . ....... '- including,-.-bdt not limited to, cellars,..basements;' mezzanines,
_. pe.n.tho~scs, corridors, l_o. kb_ies,_st:9.xe_~; and. offices,Ahat/.are included ~
...v,~i..'t~ ?_h.e principal'outside ~aces' of ex-[~d0i:'~;all'sT ribCii/dlfidir/~
Joint F_.xerdse of Powers A~eement
TX,~i'D Fees for Traffic Mitigation
· ' · '" · · Page2of22
- - - '.' :?'_..' ...... _ April 24 1998
architectural setbacks or proiections. Included are all stories or areas
that have floor surfaces with clear standing head room (six feet, six
inches minimum) regardless of their use. %there a ground level area,
or pa~z thereof, witlzin the p~4ncipal outside faces of the exterior walls
is left unenclosed, the gross area of the unenclosed portion is to be
considered as a paw of the overall square footage of the building. Ail
unroofed areas and unenclosed roofed-over spaces, except as defined
above, are to be e_xcluded from area calculations. The gross area of
any parldng garages ~thin the building shall not be included within
the gross area of the entire building.
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"Indusn4al" refe~ to developments for the propose of manufacture or
fabrication of products, the processing of materials, the warehousing of
merchandise for sale or distMbution, research and development of
indusra4al products and processes, and the wholesaling of merchandise.
do
"Land Use Entitlement" means a pmxnit or approval granted for a
development project as that tmTn is defined in Govmzament Code
§66O00.
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"Multi Family Residential" refers to buildings or paxts thereof designed
and used exdusively as a dwelling unit among other dwelling units,
either on the same parcel (e.g., apmtments and mobile home parks) or
under separate ownership (e.g., condominiums, townhomes, duplexes,
or duets).
fo
"Office" refers to devdopments for the purpose of housing non-
commercial, non-manufactming businesses.
g. "Other Uses" refers to land use categm4es not implicitly included
~dthin the land use categories of "Single Family Residential", "Multi
Family Residential", "Retail", "Office", or "Industrial", and for which
alternative rates can be found in the Institute of Transportation En~neers
Tri? Generation. Ma~zuaI or in a list of peak-hour trip rates that the Tx4-
. Valley Transportation Council has explicitly approved.
...................... · .... ........ ..... -' .....-,..: : .... ........
· ; :" ' --- · -- . '" - 'ectS onsor refers to the . Pa~ dem atedmtheSt2'ate ~c
....... h_....Pm . p .. . ~ . gn...., g
: .... Expenditttre Plan (SEP) t0 0beri~ the use of Tri-Valley
.... ...Transpo~xation Development Fee re~nues in th~'development of a
i;-.5-': 7'57'::i: i.::!::.5-.?-... -:.-.'i'-- ' -: spdcific 'iZegi°/-/al-Trankpmxati6fi I~Pi'&rv-&ixikii-PiSJ~il' Tl:ti'Pirtqy ............
I V 1 J-J l~ee$ rot I r2IIlC l¥11LlgatlOrl '- ': '
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.
"Retail" refers to developments for the purpose of the retail sale of
merchandise and sen-ices.
ko
"Single Family Residential" refers to detached buildings designed for
occupation as the residence of one family.
"Subsidized Housing Devdopment" refers to housing facilities
developed by punic agencies, limited dixddend housing co~porations,
or non-profit cmporations, and maintained exclusively for persons or
families of very low, low or moderate income, as defined in Section
50093 of the Health and Safety Code.
"Transpo~xation Improvement Projects" or "Projects" refers to those
public improvements required to mitigate the regional u~ffic impacts
of devdopment udthin the Tri-Valley Development Area as specified
in Section 8.
mo
"Treasurer" refers to the finance dh-ector or u'easurer of the Party
unanimously selected by the TVTC to act as Treasurer pursuant to
this Agreement.
"Tri-Valley Transportation Development Fee" or "T\FI'D Fee" refers to
the fees to be imposed by the Cities and Counties on development
x~.~thin the Tri-Valley Development Area. The project list for the Tri-
Valley Transportation Development Fee is in Section 8 of this
Agreement.
"TXFFC" refers to the Tri-Valley Transpmxation Council which is
defined in the "Joint Powers Agreement by and among the County of
Alameda, County of Contra Costa, Toum of Dam4lle and Cities of
Dublin, Livmxnore, Pleasanton and San Ramon," dated March 1,
lvvJ...-.- ' : · - - '" '_ ....... ~ ......... .... ---"-
.'.;. ~ - .. . . -_.. ......~ ......... :
· T. -- i_.. Joint Exercise of pOWers Aom'eement '"
...... ....TX.'WD Fees for. Traffic Mitigation
.... -':"-._ 7:.';7..i_.
.... Page 4 of 22
." _.'.' . .. April 24 1998
Section 3.
Phrposes
Tlzis agreement is made pursuant to Law for the following purposes:
To establish a framework for the enactment by the Paxties of a Tri-
Valley Tmnspox~mtion Devdopment Fee (TVTD Fee), a uniform
regional fee on devdopment within the Tfi-Valley Devdopment Area
not legally precluded from the fee, to fund all or pax1 of the necessary
n~nspmtation improvements identified in the Plan.
To help resolve regional traffic problems tl2-ough implementation of
the Plan and the T\.rl'D Fee progn~m.
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To establish funding goals for identified T~nspmxation Improvement
Projects and to seek commitments regarding funding for the
Tmnspmtation Improvement Projects.
do
To establish mechanisms for collecting, managing and disbursing the
TVTD Fee and to fmxnalize institutional an~ngements for the
implementation of the Projects to be constructed with fee revenues.
Section 4.
Duties of Treasurer
The Treasurer shall perform the following Duties:
Keep a record of all TVTD Fees paid to the Treasurer by any Pa~y; all
TVTD Fees retained by any Pa~ty pursuant to Section 6(b); and all
disbursements and expenditures made by the Treasm'er h~ accordance
w/th this Agreement;
b. Remit all T\rTD Fees, including interest earned thereon, to ACTA on
a quarterly basis until ACTA has received $5,548,300 (less any
contMbution by Pmx2es subject to reimbm'sement pursuant to Section
7.d), which is'thetotal amo.~n..t due_.Z9 A_C.T_A~._.m3_d6r_._a!!~....pf:the Pm~es'
..... ' '-Join~:~xerdse of Powers A~eement
..... :_-._ T~'TD Fees for Traffic Mitigation
~-21 ...... ,_7" :2': .... '....iTT'-.. ........
.: Page 5 of 22
-.. April 24 1998
--:"- ' '::~z:-'.' -' ':7_'7.'.:' :-~-' ..... ' ' '..- - '. ·
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do
Coordinate ~,5th the Pa~x_ies and ACTA to assure that no more than
$5,548,300 in TVTD Fees and contriI~utions are paid to ACTA, by
the Treasurer fi'om the Joint TXrFD Fee Account;
Reimburse Paxmies fi'om the Joint TVTD Fee AcccJunt pm'suant to
Section 7;
eo
Calculate interest due on reimbm~ements to Pa~xies, pm~uant to
Section 7;
fo
Transmit monies fi'om the Joint TVTD.Fee Account to Project
Sponsors for the planning, design and construction of the
Tmnspm~mtion Improvement Projects listed in Section 8 and in
accordance with the SEP;
go
ho
Reimbm'se project developers from the Joint TVTD Fee Account
pursuant to Section I5;
Prepare repm~s required by Government Code §66000 et seq.
annually in a foxrn that can be used by each Palty to comply with
Government Code §66000 et seq. ("AB1600");
Account for all monies from the Joint T\rI'D Fee Account received in
accordance with Government Code §6505;
jo
Keep a record of the Treasurer's time and ex?enses in perfmTning the
Treasurer's duties hereunder; and
k. Other duties as specified by law or as required by the TVTC.
Section 5.
Collection of Tri-Valley Transportation Development Fees
Each Paxmy agrees to collect the Tx4-Valley. Transpmxation Development Fee on
development located within the Tri-Valley Development Area that receives a Land
Use Entitlement from that Party. The.amount of that fee is described in Section 9.
-- Joint-Exercise of Powers A~eement __---. . .. - ' -
........ TX.'.~D Fees for. Traffic 'Mitigation. _.
Page 6 of 22
April 24 1998
To adopt the necessa~3z ordinance(s) and/or resolution(s) to authmize
the collection of the T~4-Valley T~2nspo~tation Development Fee
~4thin its jm4sdiction;
To require each project developer to pay the T~i'Valley T~nsportation
Development Fee prior to issuance of building permits for the project
to the ex-tent permitted by law.
Co
do
eo
To le~T the T~4-Valley T~nspm~ation Development Fee on all
development projects not legally precluded fi'om the fee.
To apply the fee on all "significant" 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 agn'eement. As used herein, "significant"
means any of the following: (i) change in land use type (e.g., office to
rem/l); (ii) intensification of land use types (e.g., increases in square
footage of appxx>ved Office); (iii) ex°tension of texxn of devdopment
agreements; and (iv) reduction or removal of project mitigation
reqtth-ements or conditions of approval.
To exempt fi'om the fee public schools, Subsidized Housing
Development, and the govexxunental buildings owned by any public
entity unless a Pm~cy can and does impose the TVTD Fee on
governmental buildings of a public entity other than one of the
Pal~es.
Section 6.
Tri-Valley Transportation Development Fee Accounts
a°
Each Pa~y shall place the TVTD Fees in an interest-beaxSng individual
account to be used specifically for the Transpmtation Improvement
Projects. The deposits in each account shall be invested in the same
manner as other funds of the Party. For investment purposes the
funds may be Pooled with other funds as long as sepax~te accounting
is maintained and the account is credited with the investment.
. .L'._.z._;_ ....... £./2£2 ...... ' . . ~ - :- .--{ : ......
...... _'7. ' '-7_ ";~' '7--'..7;: . ... ' "--;' ' - ' ' 'J ': -..' '
· - - Joint ~xercise of Powers Agreement' ' ..... ~ ...... "- "
.. TXrTD ~ees f_o.r. Traffi~ Mitigation ...... . .............. ..... . ......
..................... '-.'-~:"'.- -77 )_-7 ~.....z. ·-." .... -' ' :: ....................... _7 '
.... 7 ....... ' .................. J'--_2 c . ..............
-' Page 7 of 22
April 24 1998
Co
of each quaxXer not less than 80% of all T\rTD Fees collected by that
PaxTy dm4ng the qumxer, and any interest or income generated on
such 80% amount, together w/th notification of the Tmnspmtation
Improvement Projects that the Pa~ty intends to fund ~4th the retained
pmtion of the revenues.
Each pa~ty shah maintain a cun'ent record of all funds retained by that
Party, including interest or income on such funds and annually furnish
the Treasurer an accounting for inclusion in any audit of TVTD Fees.
Section 7.
Payments t.o ACTA and Reimbursement for ACTA Local Match
Contributions
Pa)mqent to ACTA for 580/680 Interchange Project. Commencing
with the first quarter after the Fee Effective Date, the Treasurer shall
pay to ACTA all of the T\rTD Fee revenues ~ceived from all Parties,
including interest earned thereon. Such payments shall continue on a
quarterly basis tmtil ACTA has received $5,548,300, less any
conla4butions by Pa~es subject to reimbm~ement pursuant to Section
7.d. of this Agreement.
b. Satisfaction of Local Match A~eements for the 580/680 Interchange
Project. Several of the Parties have individual agreements with ACTA
to proxdde Local Ma~ch Funds for the 580/680 interchange project. It
is the kntent of all of the Parties that the TVTD Fees collected by the
Pa~ies shall be used m satisfy these Local Match Agreements. In
order to catty out flxi.s intent, the Treasurer, as part of the quarterly
pasrments to ACTA described in Section 7.a, shall provide ACTA and
each of the Parties with an accounting tracl4ng each Party's total
cumulative payrnents until ACTA has received $5,54:8,300, less any
contributions by Pa~xies subject to reimbursement pursuant to Section
7.d of dais Agreement.
c. "Shortfall in Pa~nents to ACTA. The purpose, of this subsection is to
· specify how a-shm~cfall will be funded. · ' ..
'. .... -' .'./:..'..41:-_:-.X~ dxe::~n3 bf ~iny. fiscal' yem;/'-if ACTA.ha~ 'received (via the Treasurer)-
· _ '--' ...-.. i,' less.-thkn-i-he .Z0tal cumulative amount (UP m:afXd including the.-.
-: - -' - ::--'c. uinul'~Tti~ .~motmts f0r-rh~t fiscal year)..thatACTAshould-have
.,. - Page 8 of 22
Fees for Traffic Mitigation .............. . April 24 1998
received from Paxties with Local Match Agreements, ACTA shall
declare a shmTfall and shall notify the Treasm'er.
The Treasurer and ACTA shall determine which P?~y (or Pa~es) is
shin1 in its cumulative Local Match obligation through the fiscal year
for which there is a cumulative shortfall.
If there is only one Pa~ty that is shin% that Pa~cy shall fund the
shortfall.
If more than one Pa~ty is shoFt, then those Pa~t/es shall fund the
shmtfall as follows: The amount of each Party's shm~all in its
cumulative Local Match obligation shall be compared to the amount
of that ParTy's cumulative Local Match obligation, ex'pressed as a
percentage. That percentage shall be multiplied by the amount of the
shmtfall in order to determine each Pa~3r's share of the shmtfall.
When ACTA receives monies from the Pa~T~y (Parties), ACTA shall
declare the shmtfa/1 funded.
EXAMPLES
Cumulative
I. Amount Paid to
Local Match
Treasurer/ACTA. Shortfall
Obl~ations
CiwX $ 600,000 $ 700,000
Ci~'Y $ 300,000 $ 300,000
CiwZ $ 300,000 $ 200,000
TOTAL $1,200,000 $i,200,000 $0
_ .... ....... In ,_his exam.., p.le, even-though.City Z is $100,000 behind in its cumulative
;77-'7'i~:7:::7..(.ib-bli~ti6iS~-t-_6-AcTA,-the~ze:is..~o. Sh0rtfal!7~akid-hence.CityZ.~owes.no..additional"
~__ ...... . revenues, because ACTA ha's received il3e` to~l' amount~ .of:the' Cumulative Local
:.Match' obligaticm_thr0ugh that fiscal, year..' " ..... '. ' '" . ._
' ... Joint Exerd~se of Powers A~eement .. .......
TX?TD Fees.for Traffic Mitigation
' . Page 9 of 22 ·
April 24 1998
Cumulative
2. Amount Paid to
Local Match
Treasurer/ACTA Shoxxfall
Obligations
City Y $ 300,000 $ 300,000
Cit?,'Z $ 300,000 $ I50,000
TOTAL $1,200,000 $1,I50,000 $50,000
In tkis example, there is a $50,000 shortfall. City Z will need to fund the $50,000
sho~all fi'om sources other than TVTD Fees.
Cumulative
3. Amount Paid to
Local Match
Treasurer/ACTA Shortfall
Obligations
City.,.- X $ 600,000 $690,000
Ciw Y $ 300,000 $200,000
City Z $ 300,000 $i00,000
TOTAL $1,200,000 $990,000 $210,000
tn this example, there is a $210,000 shox~fall. Because there are two Cities that
have a shmxfall, City Y's shortfall ($100,000) is compared to its cumulative Local
Match obligation ($300,000). That percentage is 33.33%. Therefore, City Y's
share of the shortfall is $70,000 [$210,000 x 33.33%]; City Z's share of the
shoxx_fall is $I40,000 [$210,000 x 66.67%]. CityY and City Z will need to fund
these shin-trails from sources other than TVTD Fees.
'V
d. Reimbursement for Conlwibutions Made P~ior to Fee Effective Date.
\qithin sixW days of the Fee Effective Date or its designation as
· . ' Treasurer, wkichever occurs later,.the Treasurer shall request from
7'".:- "- ...... ~' ........ :' - --ACTA a-statement..spec'~g' 'ixtie--c0nt_vibutions.-bythelPa~xies ................... to · -
" ' -'. ACTA for the 58.0/680 intey~!aange project poor to.th~ Fee.. Effective
· .... Date which have been found by...the ACTA B0.ard to meet its "Policy
"'_'2 7-7 .... Y 7 "'~. --' ...................... :" ............ '- ......................... ..... ' ':' - ·
Joint ~xerdse of Powers Agreement .......................... ' .......... '"'~" . - --_'_'i '. Page I0of 22
TYWD Fees.for Traffic Mitigation .... :'" ' -. :-' ' April 24 1998
............. . ............... ,-. ....... - . ._ .....::... - -... ,-~ ...
, .... . ........ . .' ...... : .......... '"'_7. ':..- ...... · _. : ._ .:: .... - .... -- .......... _- .
on Reimbm~ement or Credit" (Exhibit B hereto). Based on this
statement and follox~4ng pa.vrnent to ACTA of $5,548,300 (less any
conu4butions by Pa~des subject to reimbursement pursuant to this
subsection), the Treasurer shall reimbm~e the Party or Pa~es that
made such contMbutions, in the chronological order such
conu-ibutions were made, togethe.r with 5% annual simple interest
calculated fi*om the Fee Effective Date, ~4th the exception of the
follo~Sng conla4butions:
111.
Vo
County of Alameda, $45,000,
City of Dublin, $111,700,
City of Live~xnore, $111,700,
City of Pleasanton, $203,700,
City of San Ramon, $10,000, and
Town of Danxdlle, $9,600.
Such reimbursement shall be from TVTD Fees only and shall be made
as such revenues m-e available until all contaSbutions have been
reimbursed.
As of Ap~41 16, 1998, the only Pa~es which have made contributions
which qualify for reimbursement pursuant to this subsection (d) are
the City of Dublin and the City of Pleasanton. These Part/es are
entided to reimbursement in the following amotmts:
Joint F~xercise:of Powers. Agreement ~' - ' ' ¥_ -. .... -.~ ~ ':':: ...... "'.;z.' . '_ . Page 11 of 22 .
· ' - T~?TD Fees for Traffic Mitigation ........ ; ............... . ........... April 24 1998
...... 7 ...... 7 ........ ~'Z_._iZ. ~ l_.~' .2... .......................... : ....... '
........ l 7 :. _" 2'_/. .-2 'Z7': _..7' .7 .... ' _ " ' - ....
City of Dublin
I. Southerly ex"tension
of I-580/Hacienda
N.B. Bridge $51,000
o
Needed project right-
of-way (Enea Propm~cy)
$552,500
o
Improvements to
Dublin Boulevard
$150,000
Total
$753,500
City of Pleasanton
Southerly exxension
of 1-580/Hopyard
N.B. Bridge $115,000
o
1-580/Hopyard
Interchange
Landscaping
$220,000
o
Southerly ex-tension
of 1-580/Hacienda
N.B. Bridge $51,000
o
Needed project right-
of-way (Rosewood
Drive) . $43,416
Total $429,416
Additional contaibutions by these or other Pa~ties for the
580/680 interd~ange project prior to the Fee Effective
Date which are found by the ACTA Board to meet its
"Policy on Reimbursement or Credit" (Exhibit B) will also
be entitled to reimbursement pursuant to this, subsection
(d). All such conu4butions ~dll be credited by ACTA
against sudx Parties' obligations. For example, the
connibutions by Dublin and Pleasanton through April
i6, I998, will reduce those Parties' Local Match
obligations by $753,500 and $429,416, respectively, and
will reduce the total Local Match obligation to ACTA
from $5,548,300 to $4,365,384. Thus, if the only
Contributions to the 580/680 'interchange project prior to
....... . .... the_Fee Effective_Date are the foregoing conu4butions by
-'-- - Joint Exerdse' of.Powers Agreement.._.'
_.: ...... Ze?.ro{
' Page 12 of 22
........ _ .... April 24 1998..
Reiml~m~ement for Pa~nnents Made After Fee Effective Date If a
Pa~cy, 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 Treasm'er, upon written
request by the Party and after ACTA has cmxified that it has received
$5,548,300 (less any conn4butions by Paxxies subject to
reimbm~ement pm~uant to section 7.d), shall reimbm~e the Party for
such conn4bution, together with five percent annual simple interest
calculated from the date of pa>cnent to ACTA. Reimbm~ement shall
be fi'om TXrTD Fee revenues only and shall be made only after the
Treasurer has reimbm~ed any Pa~xies for the contributions they made
prior to the Fee Effective Date, pm~uant to Subsection (d) above.
Section 8.
Transportation Improvement Projects
The Tx4-Valley Transpoxxation Devdopment Fee shall be used to fund all or a
pox~on of the costs of the following projects:
ao
Improvements to the 1-580/I-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
Co
Atuxilia~/lanes along 1-680 from Diablo Road to Bollinger Canyon
Road
d. \&lest Dublin/Pleasanton BA~T Station
e. 1-580 HOV lanes between Santa Rita Road and Greenville Road
fo
1-680 HOV lanes from the State Route 84/I-680 interchange to the
top of the Amador Grade . ..
..... '-' !_.~:g:_' :.:.: 'I .m.-pr°vements to the 1-580/Foothi11 Road/San Ramon Boulevard ..
· ' .... :-" :-' ~1% -..': Imaorovements to 1-680/Alc°sta BouleVard interchange ....... --..
" ---'- Joint Exercise of Powers A~eement .......
----. -_ ..... .~-~ ..... .. - ........................ lZ.2_ 2 .......... ~;_ ~ ..
..... . _ Pag~ 13 of 22'
April 24 1998
Crow Canyon Road safety improvement west of Bollinger Canyon
Road
jo
Vasco Road safety improvements nmxln of 1-580 within Alameda
County'
k. Express bus sezxdce in the Th-Valley area
Nomdthstanding the foregoing, the TVTD Fee imposed and collected by the
County of Conu'a Costa shall not be used to fund the Projects specified in
subsections (d) and (k) above.
Section 9.
Tri-Valley Transportation Development Fee. Aanount
The initial Tri-Valley Transportation Devdopment Fees shalI be as follows:
[LandUSe Type Fee Per Unit
Single Family Residential
Multi Family Residential
Office
Retail
Indusnial
Other Uses
$I,500
$1,050
$I.OO
$i.00
$0.75
$I,500
Dwelling unit
Dwelling unit
Square foot of gross floor area
Square foot of gross floor area
Square foot of gross floor area
Average a.m./p.m, peak horn' uip*
* Peak-horn' nips ~dll be determined from the latest rexdsion to the Institute of
Transpmxalion Engineers' Trip G¢neration ~iranual 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
Entidement who is dissatisfied ~xith the number of pealehour nips, as calculated
by the Pa~ty, may appeal the dete~xnination to the Party's legislative body. If
such an appeal is'granted by the Party, and the Party adjusts the number of
.. , - · peak-horn' trips, the Part5; shall have such decision ratified by five members of
' :'-:_5:' . 17-the'TX;_rT'C-._ .Abse~it-Such ra.tification,.-the. . Pa~, shall.ipay, the. dfffez.:ence_ between
.. - -' '.~he.actiiM f~k.._imp9'~ed.3~d the f~'set forth in.this-Sectiori'i9'~ir the Pa~y shah '
.... ". . _'_i "_n°tify_the apPli.cant that the full amount Of the fee m~tst 15~ Paid bythe
.... ... .';.- ...-:. :-.._ .._.'_: . .: .- :_ - --.. '-_
~ .... Joint Exercise of Powers Agreernent-' -- -. _. - --
TXrTID Fees for Tra.ffi..c !Mitiga_tion .
............. . . . -.~-~--_ ._: ........... -7: . .... : ...... ' 2..' __L_: .. Z .........
· Page 14 of 22
April 24 1998
Section 10.
Effective Date of Fee
The pa~xies desire that the Tri-Valley Transpmxation 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 ("the Fee Effective Date").
Section 11.
Strategic Expenditure Plan
ao
The initial Strategic Ex2aenditure Plan CSEP") is the 580/680
interchange project described in Section 8.a.
bo
The T\rI'C shall prepare and fox-yard to each Party a d~ft 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 indemnification and insurance, as appropriate for
individual projects, and may indude requh'ements that Project
Sponsors or other entities which construct any of the Projects defend
and indenmify the Parties. The SEP may also include guidelines
governing credit and/or rehnbm~ement for developer-constructed
Projects as authorized by, and consistent wit_k, Section I5.
Appropriate capital improvement procedm'es shall be reflected in the
SEP. Any TVTD Fees retained by the parties and not transmitted to
the Joint TVTD Fee Account shall also be reflected within the SEP.
c. The SEP must be reviewed and approved unarfimously by all of the
Pa~xies. The SEP must be reviewed at least once every two years by
the TVTC. Each revision shall require unanimous approval by the
":'" ..... : d: '. -:' The TX_zTC. Shall consider ~he' £ollowing' -'" "
'-..-.--- criteria'when establishing .the
.- .-....-. ' ..... "Pisok-its;iof TranspOiXaiion:'improvement Projects'{n"the SEP:
............ ___ .~: ..... ;-'""'-, ................ ·.: (i): - :'__'.P_r0ject_Re'~din~sS:ZAbili{Y';f :Pmj.e. Ct-"_S.p~g.sgz~' to move directly
'~ Joint ~xerdse 'of Powers Agreement :... _ . . Page 15 of 22
_. ..... TX,~.._D__?ees for T_ramc .Mitigatig, ~ _. · .... - April 24 1998 .
to final design and const2~ction, which could be represented by,
among other fixings, completion of envh-onmental
documentation, inclusion of the project in the Regional
Transportation Improvement Program, prepm~tion of plans,
specifications and estimates.
Project Funding: Ability of project to '~ex, e~ge" other funding,
eligibility of the project for external funding, or commitment of
ex~cernal funding.
Project Effectiveness: Ability of the project to address traffic
congestion or safety problems.
Section 12.
Time of Payment
The T\rTD Fees shall be collected p~4or to the issuance of a building permit to the
ex-tent permitted by law.
Section 13.
Tri-Valley Fee Adiustments
ao
Each Pa~Ty shall include an automatic adjustment of the TVTD Fee as
of March 1 of each year in its fee resolution or ordinance. The
adjustment shall be based on the increase or decrease in the
Engineering News-Record Consta~ction Cost ,Index for the San
Francisco Bay Area for the period ending December 31 of the
preceding calendar year.
b. In addition to the automatic adjustment provided in the TVTD Fee,
the Part/es may agree to adjust the TVTD Fee to ~flect revisions in
the project list in the T~4-Valley Transpmtation Plan/Action Plan,
program revenue, increases in land values over the inflationax3~
increase or other factors. The amount of such.adjustments shall be
included.in a written addendum to thiS. Agreement that shall be
' '... -' '' : aPpmved'.ib3i, each Pa~cy a.nd in;.amen_d.m._en~ 9f_each'adopted fee
....... resbl, ution oi' kSrd~riance.' Concex~ced· effmms shall be made to atla~ct
· ' '. "and'obtain other funds from othar available revenue sources for which
-' Joint ~x~rdse of Powers Agreement .; ' · ..... Page 16 of 22'
: T~,7'D .Fees for Traffi.c Mitigation -' April 24 1998
Section 14.
Administrative Costs
Up to one percent of the TVTD Fees received by the Treasurer-may be used to
cover the administrative costs of the Pa~-y acting as the Treasurer and other costs
associated udth the T\rl'D Fee. Acceptable cokts shall be specified in the SEP.
Section 15.
Credit or Reimbursement for Developer-. Constructed Projects
The Pa~xies shall proxdde in their' implementing ordinance or resolution that a
developer who const2~cts all or pa~ of one of the Transportation Improvement
Projects may be eligible for a credit or reimbursement, as proxdded herein. No
credit shall be applied and no reimbursement shall be made until the Pa~ies have
been fully reimbursed pm~uant to Section 7(d) and (e).
Credit or Reimbursement for Project Funded in SEP. A develoPer
may be eligible for a credit to be applied against payment of the
TVTD Fee if the developer consmlcts all or a part of one of the
Transpmtation Improvement Projects that is, at the time the
developer enters into an agn'eement for construction of such project,
included in the p~4m4tization plan of the SEP as a project to be
funded.
A developer may be eligible for a reimbm~ement if the cost of
constructing such a Transpm~ation Improvement Project, or a part of
such project, exceeds the amount of the TVTD Fee to be paid by the
developer. The amount of reimbm'sement shall equal the difference
between the cost of constructing all or a panic of the Transportation
Improvement Project and the TVTD Fee for the development project
Reimbm~ement shall be from TVTD Fee revenues only, and the right
to reimbursement shall te~xninate' ten years fi'om the date the
developer entered into the agreement for construction of the project.
.. . - .The amount of the credit, or the credit and reimbursement together,
.... shall be-:in-an'a bunt qual to thel.c of the:T p '
.. ' : '- ' 'e OSt- rails O Oil
. . .... '..- : ..... Improvem~n_ts _.Proje. ct or portion thereof, as Set 'fmxh in the SEP, and
" ..... ..: '" shall be calculated bY the Public works Director or City Engineer of
...... Z 2j, il ........ ""' f;l:the'.Pa~ ~nZanting.the credit-(and-approved by the TVTC Technical '
· Join£ Exercise-of Powers A~eement -
~.' TX,TD Fees _f.o_r_~r.a_~ .fae_m. _.Mi. ' tig_a_ti~_n.. .._ .-. ....
" '2 .... L- ..... -- .. -' .-. ' '
- ' ...... Page 17 of 22
_ "_ ' ..7 ......... April 24 1998
together, shall be calculated at the time the developer enters into an
agreement for construction of the TranSpm!ation Improvement
Project and posts bonds. The credit shall be gn~nted at the same time.
Once calculated, the amount of reimbursement shall not increase for
inflation nor shall it accrue interest.
bo
Reimbursement for Projects Not Funded in SEP. If a developer
consu~acts ali or a pa~t of a Transpmtation Improvement Project that
is not, at time the devdoper enters into an agreement for construction
of such project, included in the p~oritization plan of the SEP as a
project to be funded, the developer may be digible for be
reimbursement fi'om the Treasm'er, 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
reimbm'sement shall be calculated by the Public Works Dh'ector or
Cits, Engineer of the Party in which the devdopment is located (and
approved by tile TVTC Teclmical Advisory Committee) and shall be
equal to the cost of the project or poxtion thereof, as set forth in the
SEP. TiLe amount of file reimbm~ement shall be calculated when the
developer enters into an agreement for consta-action of the
Tmnspmtation Improvement Project and posts bonds. Once
calculated, the amount of reimbursement shall not increase for
inflation nor shall it accrue interest. Reimbursement shall be from
TVTD Fee revenues on/y, and the right to reimbursement shall
terminate ten years fi'om the date the developer entered into the
agreement for construction of the project.
Section 16.
Amendments
This Agreement may be amended at any time by an amendment mutually executed
by the Cities and Counties. Such amendments shall be approved by the governing
board or council of each Parts,.
Section 17.
Nothing in this-'Ag~:4eme-nt shall be construed to-hold any Pa~ty liable to any other
'i.i._'-,--'.--_:-i.: 'i~ P. aizty; o~.any'ism'~'6n not~a-'p~TY hereto, for the design, ~onstruction, installation,
..... 5M sp-ek-ti6 ~7, $~5 es~tib-hT~aLn-t~fi ~T~%-ria?b-r Teb-i~-i~-'3 FihT~'f ' ~e TikhTpsftaiiiSft ............... .
" '' .Joint Exerdse of powers Agreement ' - ....... Page 18 of 22'
. _..T~?i'D Fees for Traffic Mitigation'- . ". ............. April 24 1998 _
Improvement Projects because the first Pa~ collected TVTD Fees that were used
for the design, const~xmtion, installation, inspection, 'operation, maintenance and/or
repair of any Tmnspo~cation Improvement Project. This Agreement is designed to
implement the subvention or disbursement of public funds flx>m one public agency
to another and accordingly is not an agreement as defined in Government Code
§895.
A Pa~xy 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 fi'om the Effective Date in the opening
pamgn'aph until the Projects listed in Section 8 have been fully constructed and/or
acquired. The T\rTD Fee to be adopted by the Part/es shall remain in effect until
the Transportation Improvement Proiects are fully constructed and/or acquired.
Section 19.
Attorneys' Fees
If legal action is necessary to enforce tlxis agreement, the prevailing Pa~x~y is entitled
to reasonable comic costs and attorneys~ fees against the Party found to have
breached the agreement.
Section 20.
Powers
The powers of this Agreement shall be exercised subject to the restrictions upon the
exercising of such powers by the Treasm'er, as provided in §6509 of the
Government Code.
Section 21.
" ' Sole Agreement
.~.i-_" This Agreementis~:che~sole'agre.'_emen-t °~x the.'s.ubjec£ m_a. tte~°f flxis Agn'~ement
....... - bem,een, the'pa~xiesT"5.. -.. -..'. ' '- -.'
.... -. - ~ .L~ · ." .:'.. .
-' ' .... joint F~xerdse of Powers A~eement ...... .... . . - Page 19 of 22
- -. _ ..' ...TXrTD F_..ees for Tr.a. ffic. Mitigation ....... . ._. April 24 1998
Section 22.
No Agency. or Entity Created
By entering into dais Agn'eement, the Parties are not creating a s?pa~te agency or
entity.
Section 23.
Signatures
This Agreement may be signed in counter~a~s udth the signatm'e pages attached to
form a complete document.
APPROVED BY:
COUNTY OF CONTRA COSTA
Bv:
Its:
Attest:
Cleric of the Board of Supendsors
COUNTY OF AI.AMEDA
Bv:
Its:
Attest:
Clerk of the Board of Supen~isors
· ' Joint Exercise of Powers Agreement
-- . T~,q'D F.e~ forTr.a~c ~iitigation
Page 20 of 22
......... ".._ _ April 24 1998
CITY OF SAN RAMON
By:
Attest:
City Clerk
TOWN OF DANVILLE
Its:
Attest:
To~m Clerk
CITY OF DUBLIN
Its:
Attest:
City Clerk
CITY OF LIVERMORE
BY:
Its:
· (' 7' _.- - :- !.'.Joint Exerdke of Powers A~eement -
...... ...... '- -' T~rI'D Fees for Traffic_..IyJ2t.i_gati9~3 . ._ . .. . ......
........ '_-.7_. 7' -_7'-'- ......... :'-:: 7--'L:'Z '_T':..:::' :,_z£ :.: 5--. 7"' .5:' :7 .::i:- :'-:' :- 7.- ....... ._
Page 21 of 22
April 2_4 1998
CITY OF PLEASANTON
]3¥:
Its:
Attest:
City Clerk
' -': :' ':' Joint Exercise.of Powers ANeement
. TYTD Fees'for Traffic .Mitigation
Page 22 of 22
April 24 1998
JOINT EXERCISE OF
POWERS AGREEMENT
PERTAINING TO
Tri-Valley Tl*ansportation 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
DUI~LIk
LI~,'ERMORE
TVTC Joint Exercise
of Powers Agreement
Exhibit
FR~C~I'
Ub/Ob/U~ ~1:~ lo:Kay Keck
-. Frem:El~zabeth H. "L~bb¥~' Silver
Ps~e
POLICY ON REIMBURSE1MENT OR CREDIT
I) All Measure B capital projects shall be completed as quicldy as practical given funding
and resource considerations. Project sponsors are encouraged to advance projects as rapidly
a.s possible with the mMerslanding Ihal no projecl will jeopardize the flmding of any other
project. Expenditure Plan Project Sponsors, as defined in the Expenditm'e Plan, are recipient
transpoz~mtion agencies charged with maintenance of the completed work.
2) No ex-penditures of Measure B funds will be made to any capital project until all costs
are detailed in Project Repmts and the Authority has entered into a Project Agn'eement with
the Project Sponsor.
3) Reimbursement does not allow fl~e project to exceed the funding or the scope of thc
project as defined in the E. xpenditure Plan or as modified in the Aamual Strategic Plan.
4) Project Sponsors who wish lo expend their own funds in advance of a project .
agreement ma), do so. Thc Authm4ty will reimburse ftmds expended or credit expenditures
towards required local match if the expenditures meet the following requirements:
a)
Project expenditures xvere made after passage of Measure B. This requirement
does not apply to incox~poration of locally owned ~4ght of way where tlxe
estimated cost and the need to incml>orate the right of way are made currently.
b) Detailed records of expenditures are ~rmintained and made available.
c)
All work can be demonstrated to be directly related t.o the project a.s defined in
· axe Measure B Expenditure Plan and as agn'eed to in a signed local
Agency/Autl~ority agreement.
d) The local agency's Governing Board formally requests reimbursement or credit.
Approved April 22, 1993
Exhibit B