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Home My WebLink About7.2 Tri-Val Trans Dev FeeG~~~ OF Dp~~~ UI ~ 1~~~~j° ~~ ~ % ~~LIFOR~~ STAFF REPORT DUBLIN CITY COUNCIL CITY CLERK File # ^~~0-~~ DATE: June 22, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Adoption of Resolution Rescinding Prior Tri-Valley Transportation Development Fee Proposed Increases (Resolutions 167-08 and 187-08) Prepared By: Jaimee Bourgeois, Senior Civil Engineer (Traffic) EXECUTIVE SUMMARY: In 2008, the Tri-Valley Transportation Council (TVTC) completed a Fee Nexus Study Update and developed new Tri-Valley Transportation Development Fee amounts for member agency consideration. The Dublin City Council adopted two resolutions in 2008 approving the proposed new fees increases, which would have gone into effect on July 1, 2010, across all land use categories. Because any change to the fees requires unanimous approval and because one of the member agencies did not approve the new fee structure, the proposed fee increase was never formally adopted by TVTC. As such, the City of Dublin adopted resolutions need to be rescinded at this time. FINANCIAL IMPACT: No funds were collected based on the proposed fees as they would not be effective until July 1, 2010 and only after unanimous approval by all of the member agencies. The action will not impact the provisions for automatic adjustments to the current fee which remain in effect. RECOMMENDATION: Staff recommends that the City Council adopt the resolution rescinding Resolutions 167-08 and 187-08 relating to the Tri-Valtey Transportation Development (MD) Fee. • ~~ ~'' Submitted Revi e y Senior Civil Engineer Assistant City Manager Page 1 of 3 ITEM NO. I. ~ DESCRIPTION: The Tri-Valley Transportation Council (TVTC) is composed of elected officials from Danville, Dublin, Livermore, Pleasanton, San Ramon, Alameda County and Contra Costa County. The initial purpose of the TVTC was to develop and adopt the Tri-Valley Transportation Plan/Action Plan (TVTP/AP). In 1998 and 1999, the TVTC established a Tri-Valley Transportation Development (TVTD) Fee, and adopted a Strategic Expenditure Plan that programmed anticipated TVTD Fee revenue to 11 regional transportation projects that were identified in the TVTP/AP. The governing documents provide for annual adjustments to the fee based upon the annual change in the Construction Cost Index. Other changes to the fee require unanimous approval by all of the member agencies. In 2004, the MC began the process of updating the fee nexus study. A second list of 11 new projects was included in the updated study. On January 30, 2008, the TVTC approved the updated Tri-Valley Nexus Study Report that identified the maximum allowable development fees that could be applied to development to fully fund the two lists of transportation improvement projects. To cover more of the unfunded balance of project construction costs, the TVTC subsequently developed a proposed new fee structure with phased increases, to be considered by each member agency. In this proposal the first adjustment to the new fees was scheduled to take place July 1, 2010. The City of Dublin adopted Resolutions approving the new fee structure in October 2008 (Attachments 1-4). Because unanimous approval of this increase was required of all seven member agencies prior to modifying the TVTD Fee, and because one of the member agencies (City of Pleasanton) did not approve the revised fee structure, the TVTC did not formally adopt the fee increase. As such, it is necessary for the City of Dublin to rescind the associated 2008 resolutions prior to July 1, 2010, when the fees were slated to increase (Attachment 5). The one member agency that did not approve the new fee structure does support the fee increase but indicated that approval would not happen until an update to the Strategic Expenditure Plan is complete. A~ub-committee of the TVTC has been formed to develop an update to the Strategic Expenditure Plan, and efforts are underway. Consideration may be given again in the future to a revised fee structure. It should be noted that in early 2010 the TVTC elected to proceed with a fee increase for the "Other Uses" land use category. This fee increase was approved by all seven member agencies in late 2009 and ultimately adopted as part of an addendum to the TVTC Joint Exercise of Powers Agreement in early 2010. This adopted increase to the "Other Uses" land use category will remain in effect. In addition the provision for annual adjustments to the fee remains in effect. This adjustment is based on changes in the Construction Cost Index and the adjustment factor for July 1, 2010 is negative and will actually reduce the fee 0.50%. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Because the recommended action will not result in a fee increase, there is no required public outreach. Page 2 of 3 ATTACHMENTS: 1. September 2, 2008, staff report (without attachments) 2. October 7, 2008, staff report (without attachments) 3. Resolution 167-08 4. Resolution 187-08 5. Resolution rescinding Resolutions 167-08 and 187-08 relating to the Tri-Valley Transportation Development (TVTD) Fee G:\TRANSPORTATION~Regional\TVTC\Staff Reports\staff rpt Rescission_TVTDF Increase_062210.doc Page 3 of 3 ~~~ \ ~ ~- -i~ ~ 1 ~ ''\~ /'' ~. ~ ~~f': ~~. `~ ~ CITY CL.E~K File # ^~~~'a~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 2, 2008 SUBJECT: ATTACHMENT: RECOMMENDATION: FINANCIAL STATEMENT: Tri-Valley Transportation Development Fee (TVTDF) Update ~Zeport Prepared by: Jaimee Bourgeois, Traff c Engineer Resolution ~ Adopt the Resolution approving the updated Tri-Valley Transportation Development Fee structure. There is no cost associated with this item. If the revised fee structure is unanimously approved by each Tri-Valley Transportation Council member and subsequently by each member jurisdiction's Council or Board, then the City of Dublin will likely receive additional development revenues that will be allocated toward high-priority transportation projects. DESCRIPTION: In 1998 and 1999, the Tri-Valley Transportation Council (TVTC) established a Tri-Valley Transportation Development Fee (TVTDF), and adopted a Strategic Expenditure Plan that programmed anticipated TVTDF revenue to 11 regional transportation projects that were identified in the Tri-Valley Transportation Action Plan. In 2004, the TVTC directed Staff to begin the process of updating the fee nexus study. A second list of 11 new projects was included in the updated study. On January 30, 2008, the TVTC approved the updated Tri-Valley Nexus Study Report that identified the maximum allowable development fees that could be applied to development to fully fund the two lists of transportation improvement projects. Table 1 on the following page presents the maxirrium allowable fees for each land use category in comparison to the current fees. ------------------------------------------------------------------------------------------ COPY TO: ~, ~ ~ , a ~N ~ Page 1 of4 ATTACHMENT ~ ~y~ ~ '~~ TABLE 1 EXISTING FEES VERSUS APPROVED MAXIMiJM ALLOWABLE FEES Land Use Category "' . Unit of Measure Existing Fee 2008-20Q9 Maximum '' A.llowable Fee Sin le-Fami] Residential dwellin units $2,036 $12,238 Multi-Famil Residential dwellin units $1,295 $8,430 Office ],000 s uare feet oss floor area $3,653 $20,800 Retail 1,000 s uare feet oss floor area $1,365 $22,710 Industrial 1,000 s uare feet oss floor area $2,469 $12,100 Other Avera e AM/PM eak hour tri $815 $13,598 At its June 30th meeting, the TVTC developed the following guidelines: • Charge no more than 35% of the maximum allowable ~ Phase the new fees in over a two-year period • Cap the retail fee at 15% of the maximum allowable • Affordable housing projects meeting specific criteria (publicly-funded, privately-funded non- profit, and privately-funded for profit) would be exempt from paying fees • Transit-oriented development would be charged the multi-family residential rate Based on this specific set of guidelines, the fee structure can be summarized as presented in Table 2. This fee stzucture would generate an estimated $391 million between 2009 and 2030. TABLE 2 PROPOSED FEE STRUCTURE Land Use Category Year ZOQ9-2D10 ' Current Fee Year2010-2011 ' 25% Max2 Years 2Q~.1-2030 35% Max2 SFR er dwellin unit) $2,036 ~ $3,053 $4,275 ~ $~ $0 $0 MFR er dwellin unit $1,295 $2,104 $2,945 Office er 1,000 s. ft. $3,653 $5,191 $~,26'7 Retail er 1,000 s. ft. $1,365 $3,400 $3,400 Industrial er 1,000 s. ft. $2,469 $3,020 $4,22~ Other ( er PH tri ) $2,2623 $3,393 $4,750 Notes: SFR = Single-Famil,y Residential MFR = Multi-Family Residential AH = Affordable Housing Sq. ft. = square feet of gross floor area PH = Peak Hour (average of AM and PM) 1. Affordable housing projects meeting specific criteria would be exempt from paying fees 2. Retail would be capped at 15% of the maximum 3. The fee for land use category "Other" does not match the current fee from Table 1 because the fee structure currently in place reflects a reduction to the "Other" category fee that was approved by the TVTC after the fee program was initialIy adopted. The reduction was later applied for retail development to help facilitate the construction of retail projects in the Tri-Valley, as well as for the "other" category, so that fees in this category would be more comparable to commercial uses rather than residential uses. This reduction was not carried forward to the proposed fee structure. This puts the new fee more in line with vcFhere it would have been. Pa oa 7 nf d To put the fee ro'ection into ers ective it is hel ful t ~~~~ ~` P J p p , p o review the pro~ected construction costs fo~ the projects identified in the Nexus Study Fee Update. The following lists of improvement projects have been identified as those projects that are needed to help alleviate future congestion in the Tri-Valley. List A- From the original fee program: ~ A-1 I-580/I-680 Interchange - southbound to eastbound coruiector (Complete) • A-2a SR-84 Expressway - I-580-to I-680 • A-2b Isabel Route 84/I-580 Interchange • A-3 I-680 Auxiliary Lanes Segment 2 ~ A-4 West Dublin/Pleasanton BART S#ation (Under construction, funding complete) • A-Sa I-580 Eastbound HOV Lane • A-Sb I-580 Westbound HOV Lane • A-6 I-b80 HOV Lanes (southbound Complete, northbound not considered for funding) • A-7 I-580 / Foothill Road Interchange • A-8 I-680 / Alcosta Interchange (complete) • A-9a Crow Canyon Road Safety Phase I • A-9b Crow Canyon Road Safety Phase II • A-l0a Vasco Road Safety Phase I ~ A- I Ob Vasco Road Safety Phase II • A-11 Express Bus / Bus Rapid Transit List A total unfunded cost: $389,340,000 List B- Added to the fee program in the 2008 update: • B-1 I-580 / I-680 - relieve WB to SB movement • B-2 5`h Eastbound I-5801ane, Santa Rita to Vasco • B-3 I-580 / First Street Interchange • B-4 I-580 / Vasco Road Interchange • B-5 I-580 / Greenville Road Interchange • B-6 Jack London Boulevard Extension to El Charro • B-7 El Charro Road Extension • B-8 Camino Tassajara Widening - East Blackhawk Drive to County Line • B-9 Danville Blvd / Stone Valley Rd I-680 Interchange Im rovements * • B-10 p I-680 SB HOV Lanes Gap Closure - North Main to Livorna • B-l la I-b80 Express Bus HOV On- and Off-Ramps • B-l lb I-680 Transit Comdor Improvements List B total unfunded cost: $1,094,830,400 * Removed from the project list, including the associated unfunded construction cost. Funding for these projects ranges from sources at the local, regional, state and federal levels. Excluding TVTDF funding that would be collected in the future if the current fee structure was maintained; the total unfunded cost of both lists is about $1.48 billion. After payment of a 1% administrative fee, the proposed fee structure would almost fund project List A. PaaP ~ ~f d ~ ~ ~~ ~~ ~`~~ From commencement of the TVTDF through Fiscal Year 2007-2008, Dublin has genei~ated approxim~ately 23% of the total TVTDF. With the proposed fee structure, this would amount to Dublin generating $90 million through 2030, of which $18 million (20%) would be retained by the City of Dublin to allocate toward high-priority projects and $72 million (80%) would be submitted to the TVTC for disbursement. The TVTC developed a draft resolution for use by each member jurisdiction for Council or Board approval. Dublin Staff has revised the resolution with respect to one issue. The draft supplied by TVTC indicated that the fees would be used "to fund the unfunded cost of the projects in List A as 1 S` priority and List B as 2nd priority." Staff amended this sentence to aiso say, "with the exception that funding for improvements between I-680 and Pigeon Pass under Project A-2a would be lower priority than projects B-1 and B-2 as identified in the Tri-Valley Triangle Study priority list." The Tri-Valley Triangle Study project priority list ranks Project B-1 (I-580 / I-680 interchange) as #5, Project B-2 (5`h Eastbound I-580 lane) as #10, and the segment from I-680 to Pigeon Pass of Project A-2a (SR-84 Expressway - I-580 to I-680) as # 12. The revision is proposed to maintain consistency with the established Triangle Study priorities. If the revised fee structure is approved by each member jurisdiction's Gouncil or Board, the TVTC will then hold a public hearing, tentatively set far October 29, 2008. Staff Recommendation Staff recommends that the City Council approve the resolution to update the Tri-Valley Transportation Development Fee structure. Pase 4 of 4 ~~ \ (~ ~~' ~~ ` ' \/ ~~' ~\ _/.!~ 5~ ~~ CITY CLERK File # ~~~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: Public Hearing: Tri-VaTley Transportation Development Fee (TVTDF) Update Report Prepared by.• Jaimee Bourgeois, Sr. Civil Engineer ('1'raffic) ATTACHMENTS: 1) Draft Resolution 2) Resolution 167-08 3) September 2, 2008, Staff Report RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation 3) Receive Public Testimony 4) Close Public Hearing and Deliberate 5) Adopt the resolution rescinding Resolution 167-08 and adopting the updated Tri-Valley Transportation Development Fee. FINANCIAL STATEMENT: There is no cost associated with this item. If the revised fee structure is unanimously approved by each Tri-Valley Transportation Council member and subsequently by each member jurisdiction's Council or Board, the City will then likely receive additional development revenues that will be allocated toward high-priority transportation projects. DESCRIPTION: Resolution 167-08 was adopted on September 2, 2008, by the Dublin City Council to approve an update to the Tri-Valley Transportation Development Fee (TVTDF) program. Because proper notification was not provided to "interested parties" 14 days in advance of the meeting and a public hearing was not held, pursuant to Government Code Section 56016, this item is again being brought before the City Council. The Staff Report from the September 2, 2008, City Council meeting provides background information regarding the fee program update (Attachment 3). ------------------------------------------------------------------------- COPY TO: Scott Perkins, TVTC Chair Page 1 of 2 ATTAC H M E NT ~- ~ ~ ~ ~ i~ This opportumty is also being taken to include two revisions to Resolution 167-08 (Attachment 2) as described below. In response to a concern regarding the use of the following underlined language in the resolution that specifically states the current priorities from the Tri-Valley Triangle Study priority list and the appropriateness of this language should the priorities change: WHEREAS, the TVTC, by Resolution No. 2008-05, directed each of the signatories of the JEPA to collect the following development fees, which are less than those determined by the Study to be necessary for the designated Fiscal Years and land uses, which fees are less than those determined by the Study to be necessary to fund the unfunded cost of the Projects in List A as ls` priority and List B as 2°d priority, with the exception that fundin~ for improvements between I-680 and Pigeon Pass under Project A 2a would be lower prioritv than Projects B-1 and B-2 as identified in the Tri Vallev Tnan l~e Study prioritv list; the following action item was added to the resolution: BE IT FURTHER RESOLVED, that the City of Dublin recommends that the TVTC project funding priorities be consistent with the regional priorities established by the Congestion Management Agency's Tri-Valley Triangle Study. The second change was the replacement of a recital, which was recommended by the City Attorney, to clarify the role of the fee program and its designation as "Not a ProjecY' as defined by the California Environmental Quality Act (CEQA). Change from: WHEREAS, the subject application is considered "Not a Project" pursuant to Section 15378 (Project) of the California Environmental Quality Act of 1970, as amended; and is therefore exempt from further environmental analysis. Change to: WHEREAS, for the purposes of CEQA, the Council finds that the adoption of the TVTD fee is not a"project" under CEQA Guidelines section 15378(b)(4). While tHe TVTD fee is intended to offset development impacts on regional taraffic facilities by funding improvements to those facilities, the proceeds of the TVTD fee are not, at this time, being committed to any specific project which "may result in a potentially significant physical impact on the environment"; and If the revised fee structure is adopted by each member jurisdiction's Council or Board, the TVTC will then hold a public hearing and proceed with preparing modifications to the Joint Exercise of Powers Agreement (JEPA) held between each member jurisdiction. The modified JEPA will subsequently need to be approved by each member jurisdiction prior to implementation of the revised fee program. . Staff Recommendation Staff recommends that the City Councii 1) Open the Public Hearing; 2) Receive Staff Presentation; 3) Receive Public Testimony; 4) Close Public Hearing and Deliberate; and 5) Adopt the resolution rescinding Resolution 167-08 and adopting the updated Tri-Valley Transportation Development Fee. ~ ~~~ ~~ ~ RESOLUTION NO. 167 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~*~*~~*~* ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Association of Bay Governments (ABAG) projects an additional 157,000 new residents, 58,000 new households and 121,000 new jobs in the geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley by the year 2020; and WHEREAS, unless the traffic impact of additional residents, households and jobs is timely and adequately mitigated, the quality of life for the existing residents of the Cities and Counties within the Tri-Valley area will be adversely affected; and WHEREAS, the City entered into a Joint Exercise of Powers Agreement (JEPA) with the Counties of Alameda and Contra Costa, the Cities of Livermore, Pleasanton, San Ramon and the Town of Danville to collect Tri-Valley Transportation Development Fees on developments within their respective jurisdictions requiring a Land Use Entitlement to fund off-.site infrastructure necessary to mitigate the effects of the ABAG projected growth; and WHEREAS, the Tri-Valley Transportation Council (TVTC) identified and prioritized a list of Projects necessary to provide for the mitigation of the ABAG growth projections; and VVHEREAS, the TVTC commissioned a study entitled, "Tri-Valley Transportation Council Nexus Study" (Study) to determine what fees should be collected for each land use to generate sufficient revenue to fund the unfunded cost of the selected Projects, A-2a Route 84 Expressway I-580 to I-680 A-2b Isabel Route 84/I-580 Interchange A-3 I-680 Auxiliary Lanes A-Sa I-580 HOV Lane Eastbound A-Sb I-580 HOV Lane Westbound A-7 I-580/FoothilUSan Ramon Road Interchange A-9a Crow Canyon Road Improvements Phase 1 A-9b Crow Canyon Road Improvements Phase 2 A-l0a Vasco Road Safety Improvements Phase 1 A-lOb Vasco Road Safety Improvements Phase 2 A-11 Express BusBus Rapid Transit and; Projects from E~chibit Table 4.2, Exhibit B of the Study; B-1 B-2 B-3 B-4 B-5 B-6 I-580/I-680 interchange (westbound to southbound) Sth eastbound lane on I-580 from Santa Rita to Vasco Road I-580/First Street interchange modification I-580/Vasco Road interchange modification I-580/Greenville Road interchange modification Jack London Boulevard extension Page 1 of 3 ATTACHMENT ~ g ~~~ ~~ ~ B-7 El Charro Road Extension B-8 Camino Tassajara widening: East Blackhawk Drive to County line B-10 I-680 SB HOV lane Gap Closure, North Main to Livorna B-11 I-680 Express Bus/HOV On- and Off-Ramps B-l lb I-680 Transit Corridor Improvements WHEREAS, the TVTC, by Resolution No. 2008-05, directed each of the signatories of the JEPA to collect the following development fees, which are less than those determined by the Study to be necessary for the designated Fiscal Years and land uses, which fees are less than those determined by the Study to be necessary to fund the unfunded cost of the Projects in List A as lst priority and List B as 2°a priority, with the exception that funding for improvements between I-680 and Pigeon Pass under Project A-2a would be lower priority than Projects B-1 and B-2 as identified in the Tri-Valley Triangle Study priority list; FY 2009/2010 TVTC Development Fee Schedule Fee Per Unit Single Family Homes ~ $2,036 Du* Multi-Family Homes $1,295 Du* Retail $1,365 1000sf Office $3,653 1000sf Industrial $2,469 1000sf Other $2,262 PHT** Affordable Housing $0 Du* (FY 2008/2009 Fee Rate, including CCI) FY 2010/2011 Fee Per Unit Single Family Homes $3,053 Du* Multi-Family Homes $2,104 Du* Retail* * * $3,400 1000sf Office $5,191 l 000sf Industrial $3,020 l 000sf Other $3,393 PHT** Affordable Housing $0 Du* FY 2011/2012 to FY 2029/2430 Fee Per Unit Single Family Homes $4,275 Du* Multi-Family Homes $2,945 Du* Retail* * * $3,400 1000sf Office $7,267 1000sf Industrial $4,227 l 000sf Other $4,750 PHT** Affordable Housing $0 Du* *Du - Dwelling Unit **PHT - Peak Hour Trip *** Retail set at 15% of maacimum for FY 2010/11 to FY 2029/30 WHEREAS, the TVTC acknowledges the need for the creation of additional housing in the Tri-Valley affordable to very low, low, and moderate income households as defined respectively in the State of California Health and Safety Codes Sections 50105, 5007.5, and 50093 or as amended; and Page 2 of 3 f ~ I ~/ ~ WHEREAS, the State of California Housing and Community Development (HCD) encourages affordable housing to remain deed restricted for 45 years for single family residences and 55 years or longer for multi-family projects and by affordability covenants recorded on the property; and WHEREAS, the TVTC waives the TVTD fee for all very low, low and moderate income affordable housing units meeting the applicable State of California Health and Safety Code Sections requirements and having a minimum affordability term of 55 years (multi-family) and 45 years (single family) based on the percentage of affordable housing units to the total number of units in the project; and WHEREAS, the Joint Exercise of Powers Agreement specifies that the Fee amounts are to be adjusted automatically on an annual basis to reflect changes in regional construction costs. The amount of the adjustment is based on the changes in the "Construction Cost Index" (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR}; and WHEREAS, the subject application is considered "Not a Project" pursuant to Section 15378 (Project) of the California Environmental Quality Act of 1970, as amended; and is therefore exempt from further environmental analysis. NOW THEREFORE, BE IT RESOLVED, that the development fees directed by the TVTC to be collected will be collected from any development within the jurisdiction of the City of Dublin that will be granted a Land Use Entitlement. PASSED, APPROVED AND ADOPTED this 2nd day of September, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: Gt. ~ (~Y ~` City Clerk Reso 167-08, Adopted 9/2/08, Item 72 Page 3 of 3 ~~ i ~ ~ RESOLUTION NO. 187 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ****~~~*~ RESCINDING RESOLUTION 167-OS, AND ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Association of Bay Governments (ABAG) projects an additional 157,000 new residents, 58,000 new households and 121,000 new jobs in the geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley by the year 2020; and WHEREAS, unless the traffic impact of additional residents, households and jobs is timely and adequately mitigated, the quality of life for the existing residents of the Cities and Counties within the Tri-Valley area will be adversely affected; and WHEREAS, the City entered into a Joint Exercise of Powers Agreement (JEPA) with the Counties of Alameda and Contra Costa, the Cities of Livermore, Pleasanton, San Ramon and the Town of Danville to collect Tri-Valley Transportation Development Fees on developments within their respective jurisdictions requiring a Land Use Entitlement to fund off-site infrastructure necessary to mitigate the effects of the ABAG projected growth; and WHEREAS, the Tri-Valley Transportation Council (TVTC) identified and prioritized a list of Projects necessary to provide for the mitigation of the ABAG growth projections; and WHEREAS, the TVTC commissioned a study entitled, "Tri-Valley Transportation Council Nexus Study" (Study) to determine what fees should be collected for each land use to generate sufficient revenue to fund the unfunded cost of the selected Projects: A-2a Route 84 Expressway I-580 to I-680 A-2b Isabel Route 84/I-580 Interchange A-3 I-680 Auxiliary Lanes A-Sa I-580 HOV Lane Eastbound A-Sb I-580 HOV Lane Westbound A-7 I-580/Foothill/San Ramon Road Interchange A-9a Crow Canyon Road Improvements Phase 1 A-9b Crow Canyon Road Improvements Phase 2 A-l0a Vasco Road Safety Improvements Phase 1 A-l Ob Vasco Road Safety Improvements Phase 2 A-11 Express BusBus Rapid Transit and Projects from Exhibit Table 4.2, Exhibit B of the Study; B-1 I-580/I-680 interehange (westbound to southbound) B-2 5`h eastbound lane on I-580 from Santa Rita to Vasco Road B-3 I-SSU/First Street interchange modification B-4 I-580Nasco Road interchange modification Page 1 of 3 ATTACHMENT ~ ~~~ ~~ ~ B-5 T-580/Greenville Road interchange modification B-6 Jack London Boulevard extension B-7 El Charro Road Extension B-8 Camino Tassajara widening: East Blackhawk Drive to County line B-10 I-680 SB HOV lane Gap Closure, North Main to Livorna B-11 I-680 Express Bus/HOV On- and Off-Ramps B-l lb I-680 Transit Corridor Improvements WHEREAS, the TVTC, by Resolution No. 2008-05, directed each of the signatories of the JEPA to collect the following development fees, which are less than those determined by the Study to be necessary for the designated Fiscal Years and land uses, which fees are less than those determined by the Study to be necessary to fund the unfunded cost of the Projects in List A as lst priority and List B as 2na priority, with the exception that funding for improvements between I-680 and Pigeon Pass under Project A-2a would be lower priority than Projects B-1 and B-2 as identified in the Tri-Valley Triangle Study priority list: FI' 2009/2010 TVTC Development Fee Schedule Fee Per Unit Single Family Homes $2,036 Du* Multi-Family Homes $1,295 Du* Retail $1,365 1000sf Office $3,653 1000sf Industrial $2,469 l 000sf Other $2,262 PHT** Affordable Housing $0 Du* (FY 2008/2009 Fee Rate, including CCI) FY 2010/2011 Fee Per Unit Single Family Homes $3,053 Du* Multi-Family Homes $2,104 Du* Retail*** $3,400 1000sf Office $5,191 1000sf Industrial $3,020 1000sf Other $3,393 PHT** Affordable Housing $0 Du* FI' 2011/2012 to FY 2029/2030 Fee Per Unit Single Family Homes $4,275 Du* Multi-Family Homes $2,945 Du* Retail*** $3,400 1000sf Office $7,267 1000sf Industrial $4,227 l 000sf Other $4,750 PHT** Affordable Housing $0 Du* *Du - Dwelling Unit **PHT - Peak Hour Trip *** Retail set at 15% of maximum for FY 201 0/11 to FY 2029/30 Page 2 of 3 ~a~ ~;~ ~ WHEREAS, the TVTC acknowledges the need for the creation of additional housing in the Tri-Valley affordable to very low, low, and moderate income households as defined respectively in the State of California Health and Safety Codes Sections 50105, 5007.5, and 50093 or as amended; and WHEREAS, the State of California Housing and Community Development (HCD) encourages affordable housing to remain deed restricted for 45 years for single family residences and 55 years or longer for multi-family projects and by affordability covenants recorded on the property; and WHEREAS, the TVTC waives the TVTD fee for all very low, low and moderate income affordable housing units meeting the applicable State of California Health and Safety Code Sections requirements and having a minimum affordability term of 55 years (multi-family) and 45 years (single family) based on the percentage of affordable housing units to the total number of units in the project; and WHEREAS, the Joint Exercise of Powers Agreement specifies that the Fee amounts are to be adjusted automatically on an annual basis to reflect changes in regional construction costs. The amount of the adjustment is based on the changes in the "Construction Cost Index" (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR); and WHEREAS, for the purposes of CEQA, the Council finds that the adoption of the TVTD fee is not a"project" under CEQA Guidelines section 15378(b)(4). While the TVTD fee is intended to offset development impacts on regional traffic facilities by funding improvements to those facilities, the proceeds of the TVTD fee are not, at this time, being committed to any specific project which "may result in a potentially significant physical impact on the environment". NOW THEREFORE, BE IT RESOLVED, that the development fees directed by the TVTC to be collected will be collected from any development within the jurisdiction of the City of Dublin that will be granted a Land Use Entitlement. BE IT FURTHER RESOLVED, that the City of Dublin recommends that the TVTC project funding priorities be consistent with the regional priorities established by the Congestion Management Agency's Tri-Valley Triangle Study. PASSED, APPROVED AND ADOPTED this 7th day of October, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTA,IN: None ATTEST: ~ ~~~`r/ City Clerk Mayor Reso No. 188-08, Adopted ]0-7-OS, Item 6.2 Page 3 of 3 G~~ I ~ t ~ RESOLUTION NO. - 10 A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF DUBLIN ******~*~ RESCINDING RESOLUTIONS 167-08 AND 187-08 RELATING TO THE TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE WHEREAS, the City of Dublin has joined with the other TVTC jurisdictions to participate in the development and adoption of the Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, the NTP/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 a Tri-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 MP/AP; and WHEREAS; in 2008 the MC approved an updated Tri-Valley Nexus Study Report that identified the maximum allowable development fees that could be applied to development to fully fund the original list of high priority projects as well as a second list of projects; and WHEREAS, in 2008 the City Council of the City of Dublin adopted Resolutions 167-08 and 187-08 ("the 2008 Resolutions"), which Resolutions established a phased increase in the TVTD Fee, beginning in July, 2010 in order to address funding shortfalls on the two lists of priority projects; and WHEREAS, the increase in the TVTD Fee provided for in the 2008 Resolutions was not adopted by all of the members of the JEPA; and WHEREAS, the JEPA members subsequently agreed to modify the amount of the MD Fee for the "Other Uses" category only; and WHEREAS, in 2009 the City Council of the City of Dublin implemented the JEPA members' agreement by adopting Resolution 146-09, increasing the amount of the MC fee for the "Other Uses" category only; and WHEREAS, the other members of the JEPA have all adopted similar resolutions; and WHEREAS, the City Council of the City of Dublin desires to clarify that the phased fee increase provided for in the 2008 Resolutions shall not take effect. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. City Council Resolutions 167-08 and 187-08 are hereby resc~ 1 AT ~ TACHMENT ~ ~ ~~ ~ PASSED, APPROVED AND ADOPTED this 22nd day of June, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2