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Home My WebLink About6.1 TVTC Fee Adjust CTTY CLERK File # 0600-40 & 1060-90 /o AGENDA STATEMENT CTTY COUNCTL MEETI'NG DATE: May 20f 2003 SUBJECT: Public Hearing: Approving Implementation of the Proposed Tri-Valley Transportation Development (TVTD) Fee Adjustment, Addendum I to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement, and Amendment to Resolution Establishing a TVTD Fee for Future Developments Within Dublin Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Proposed TVTD Fee Adjustment Schedule 2) Resolution 3) Proposed Addendum I to the Joint Exercise of Powers Agreement RECOMMENDATION: 1) Open public hearing /~ 2) Receive Staff presentation 3) Receive public testimony 4) Close public hearing 5) Deliberate 6) Adopt resolution approving implementation of the proposed TVTD Fee adjustment, authorizing the Mayor to execute Addendum I to the TVTC Joint Exercise of Powers Agreement, and amending Resolution 89-98 establishing a TVTD Fee for future Developments within the City of Dublin FINANCIAL STATEMENT: There is no cost to the City associated with this proposed TVTD Fee adjustment action. The fee adjustment would only go into effect after all seven TVTC member agencies have held public hearings and approved the fee adjustment. The increase in fees would accelerate the completion of regional traffic mitigation projects on the Strategic Expenditure Plan. DESCRIPTION: On April 15, 2003, the City Council unanimously approved, in principle, a recommendation by the TVTC to adjust the TVTD Fee according to the proposed fee schedule (Attachment 1). The new fee rates would more fairly distribute the fee burden among land uses COPIES TO: Millie Greenberg, TVTC Chair Guy Bjerke, Home Builders Assoc. G: I TVTCISEP Updatelagst_fee adjust adoption.doc based on new traffic generation and would increase the fee which has not kept up with the increase in construction costs. All seven TVTC member agencies approved, in principle, this fee adjustment recommendation prior to the TVTC meeting on April 23, 2003. At the April 23rd TVTC meeting, the TVTC voted unanimously to approve the TVTD Fee adjustment proposal, as described in Attachment 1, and directed agency representatives to forward the proposal to their respective governing Boards to hold public hearings to modify the fee and approve the proposed Addendum I to the TVTC Joint Exercise of Powers Agreement (JEPA), as presented in Attachment 2. The TVTC action on April 23, 2003, to approve the TVTD Fee adjustment proposal also included the appropriation of $100,000 to prepare an updated fee nexus study. PROPOSED ADJUSTMENT The proposed fee adjustment is an interim adjustment until the 1996 fee nexus study is updated within the next one to two years. The proposed interim fee adjustment would reduce the fee for "Multi-Family Residential" uses and raise the fee for "Office" and "Industrial" uses to 27.7% of their corresponding nexus fee. This would match the percent level of the nexus fee for "Single Family Residential", after a 14% inflation adjustment since 1998 based on the construction cost index (CCI) for the San Francisco Bay Area. The TVTC JEPA defines "Multi-Family Residential" as "buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) or under separate ownershil9 (e.g., condominiums, townhomes, duplexes, or duets)." This prpposed fee adjustment would leave the TVTD Fee for "Retail" and "Other" categories unchanged (see Attachment 1). The proposed fee structure would provide for a more equitable fee distribution among the various land use categories based on comparative new traffic generations without increasing the cost of housing. Depending on the state of the economy, the proposed fee adjustment could generate up to $23 million in additional revenue over the next 10 years. If office development projections materialize over the next few years, the additional revenue could eliminate the negative cash flow projections of the TVTD Fee program anticipated in future years under the current amounts. The proposed fee adjustment could also extend the TVTD Fee funding potentials from approximately 6.7% to 9.1% of the total project cost. FEE NEXUS STUDY TVTC members have agreed that the existing fee nexus study needs to be updated to reflect current land use projections and transportation improvement needs. The proposed interim fee adjustment would represent a first-step fee increase designed to capture potential TVTDF revenues from development that occurs while the fee nexus study is being updated. As part of this interim fee adjustment proposal, the TVTC is proposing that additional revenues collected from the fee adjustment remain unallocated until the new fee nexus study is complete, and that $100,000 be allocated to fund the updated nexus study. The TVTC anticipates completing the new nexus study within one to two years and following completion of the General Plan update for the City of Livermore, which will incorporate revised land use decisions for the North Livermore area. The new nexus study will also provide the basis for maintaining or updating the current list of improvement projects, adopting a revised fee schedule on a more permanent basis, and allocating funds for projects. Page 2 APPROVAL PROCESS In order to adopt the proposed interim fee adjustment, the governing bodies of all seven member jurisdictions must act to approve the plan. Each jurisdiction must adopt a resolution or ordinance amending the resolution or ordinance adopted by each jurisdiction in 1988 to establish the TVTD Fees for traffic mitigation. In addition, each jurisdiction must approve an addendum to the TVTC JEPA that shall include the revised fee schedule, as shown in the Proposed Addendum I to the JEPA (Attachment 3). RECOMMENDATION Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution approving implementation of the proposed Tri-Valley Transportation Development (TVTD) Fee adjustment, authorizing the Mayor to execute Addendum I to the Th-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement, and amending Resolution 89-98 establishing a TVTD Fee for future Developments within the City of Dublin. Page 3 Attachment 1 Proposed TVTD Fee Adjustment Schedule (Adjust the Fee Amounts for MF Residential, Office and Industrial Uses to Match the Percent Level of the Nexus Fee for SF Residential; No New Allocations of TVTDF Funds) :~, ,,; : ~exus ~ee ~=~ ~exus ~ee SF Residential $1,711/unit $6,180/unit 27.7% $1,711/unit 27.7% 0.0% MF ~i;d~nti~ $~ ~98/ufi~ $i~08~ifinit 27;7% Office $1.14/sf $11.10/sf 10.3% $3.07/sf 27.7% +169.3% ~dus~ial $0.86/sf $7.51/sf 11.5% $2.08/sf 27.7% +141.9% * Based on the average Retail Fee ~om ~e Nexus Study. ** Inchdes an average adjustment hctor of 24% to the initial Nexus Fee for "Other" uses that do not fit into the standard Retail, Office or Indus~ial categories. Tbs adjus~ent hctor was deter~ned based on a TVTC review of TVTD Fees in 1999 to make the Fee for "O~er" uses more equkable (i.e., propo~ional to the Fee paid by ~aditional Retail, Office or hdus~ial uses). G.'ITVTCISEP UpdatelFee adjustment proposal_public hearing staff report, doc RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION APPROVING IMPLEMENTATION OF THE PROPOSED TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE ADJUSTMENT, AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM I TO THE TRI-VALLEY TRANSPORTATION COUNCIL (TVTC) JOINT EXERCISE OF POWERS AGREEMENT, AND AMENDING RESOLUTION 89-98 ESTABLISHING A TVTD FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN WHEREAS, each of the Th-Valley jurisdictions adopted the Joint Exercise ~f Powers Agreement (JEPA) for the Tri-Valley Transportation Development Fees (TVTDF); and WHEREAS, in 1998, the City Council adopted Resolution 89-98 imposing a TVTD Fee; and WHEREAS, all TVTC jurisdictions have resolved to cooperatively participate and adopt uniform TVTD Fee rates; and WHEREAS, the TVTD Fee applies to new development in all seven member jurisdictions within the Tri-Valley area; and WHEREAS, revenues from the TVTD Fees are used to fund the regional transportation improvements identified in the Tri-Valley Transportation Plan/Action Plan (TVTP/AP) and the Strategic Expenditure Plan (SEP); and WHEREAS, the TVTC commissioned a "fee nexus study" in 1996 to establish the TVTD Fee based on traffic impacts from new development and the costs for the transportation improvements identified in the TVTP/AP; and WHEREAS, the adopted fee in 1998 for Office development was only 10.3% of the resulting fee from the "fee nexus study" for this type of land use; and WHEREAS, the adopted fee in 1998 for Industrial development was only 11.5% of the resulting fee from the "fee nexus study" for this type of land use; and WHEREAS, the 1-580/1-680 Interchange Improvements project is now complete; and WHEREAS, the estimated total cost for the existing ten TVTDF projects has increased by approximately 65%; and WHEREAS, the construction cost index for the San Francisco Bay Area has risen by approximately 14% since the adoption of the TVTD Fee in 1998; and WHEREAS, an estimated $10.2 million in cash flow deficit is anticipated to occur by fiscal year 2009-10 based on the current expenditure plan and the scheduling requirements of TVTDF projects; and WHEREAS, the gap between fee revenues and regional transportation improvement costs has left some projects unable to be fully funded, and will likely result in the delayed delivery of these improvements; and WHEREAS, Subsection 13.b of the JEPA specifies that for non-automatic TVTD Fee adjustments agreed upon by the Parties, the amount of the adjustment shall be included in a written addendum to the JEPA that shall be approved by each Party and in amendments of each adopted fee resolution or ordinance; and WHEREAS, the seven member jurisdictions of the TVTC voted unanimously in favor of an interim fee adjustment to the current TVTD Fee rates during the TVTC meeting on April 23, 2003; and WHEREAS, as part of its approval of the interim fee adjustment proposal, the TVTC also approved the proposed Addendum I to the JEPA Agreement and appropriation of $100,000 for the preparation of an updated fee nexus study; and WHEREAS, the TVTC has directed each member jurisdiction Party to the JEPA to approve implementation of the proposed TVTD Fee adjustment and execute Addendum I to the JEPA to reflect this rate change; NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. Implementation of the interim TVTD Fee adjustment schedule as listed in paragraph 4 below is approved. 2. The Mayor is authorized to execute Addendum I to the Joint Exercise of Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation. 3. Appropriation of $100,000 in TVTD Fee funds for the preparation of an updated fee nexus study is approved. 4. Attachment D of Resolution No. 89-98 is hereby amended as follows to reflect the adjusted fee rates: [ Land Use Type Fee Per Unit ] Single Family Residential $1,711 Dwelling Unit Multi-Family Residential $1,087 Dwelling Unit Office $3.07 Square Foot of Gross Floor Area Retail $1.14 Square Foot of Gross Floor Area Industrial $2.08 Square Foot of Gross Floor Area Other $685 Average AM/PM Peak Hour Trip* *Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Tril9 Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the City/County, may appeal the determination to the Council/Board of Supervisors. If such an appeal is granted by the Council/Board of Supervisors, and the Council/Board of Supervisors adjusts the number of peak-hour trips, the City/County shall have such decision ratified by five members of the TVTC. Absent such ratification, the full amount of the fee must be paid by the applicant. -2- 5. This resolution shall become effective immediately upon its passage and adoption. The revised fee rates shall be effective 60 days after adoption of this resolution, provided that a similar amendment is adopted by the other member jurisdictions of the Th-Valley Transportation Council. PASSED, APPROVED AND ADOPTED this 20th day of May, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:ITVTCtSEP Updatelreso_fee adjust adoption, doc -3 - ADDENDUM I 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 The Town of Danville RECITALS WHEREAS, each of the Tri-Valley jurisdictions adopted the Joint Exercise of Powers Agreement (JEPA) for the Th-Valley Transportation Development Fees (TVTDF); and WHEREAS, all TVTC jurisdictions have resolved to cooperatively participate and adopt uniform TVTD Fee rates; and WHEREAS, the TVTD Fee applies to new development in all seven-member jurisdictions within the Th-Valley area; and WHEREAS, revenues from the TVTD Fees are used to fund the regional transportation improvements identified in the Tri-Valley Transportation Plan/Action Plan (TVTP/AP) and the Strategic Expenditure Plan (SEP); and WHEREAS, the TVTC commissioned a "fee nexus study" in 1996 to establish the TVTD Fee based on traffic impacts from new development and the costs for the transportation improvements identified in the TVTP/AP; and WHEREAS, the adopted fee in 1998 for Office development was only 10.3% of the resulting fee from the "fee nexus study" for this type of land use; and WHEREAS, the adopted fee in 1998 for Industrial development was only 11.5% of the resulting fee from the "fee nexus study" for this type of land use; and WHEREAS, the 1-580/1-680 Interchange Improvements project is now complete; and WHEREAS, the estimated total cost for the existing ten TVTDF projects has increased by approximately 65%; and WHEREAS, the construction cost index for the San Francisco Bay Area has risen by approximately 14% since the adoption of the TVTD Fee in 1998; and WHEREAS, an estimated $10.20 million in cash flow deficit is anticipated to occur by fiscal year 2009-10 based on the current expenditure plan and the scheduling requirements of TVTDF projects; and WHEREAS, the gap between fee revenues and regional transportation improvement costs has left some projects unable to be fully funded, and will likely result in the delayed delivery of these improvements; and WHEREAS, Subsection 13.b of the JEPA specifies that for non-automatic TVTD Fee adjustments agreed upon by the Parties, the amount of the adjustment shall be Addendum I Page 2 of 5 Joint Exercise of Powers Agreement 5/6/03 TVTD Fees for Traffic Mitigation included in a written addendum to the JEPA that shall be approved by each Party and in amendments of each adopted fee resolution or ordinance; and WHEREAS, each Party adopted a resolution amending the previously adopted TVTD Fee resolution or ordinance; and WHEREAS, each Party approved this addendum (Addendum I) to the JEPA; NOW THEREFORE BE IT RESOLVED THAT the JEPA is amended as follows: Revise Section 9. Tri-Valley Transportation Development Fee Amount of the JEPA to read as follows: The initial Th-Valley Transportation Development Fees, effective the date this addendum is approved by all Parties, shall be as follows: Land Use Type Fee Per Unit Single Family Residential , $1,711 Dwelling Unit Multi Family Residential $1,087 Dwelling Unit Office $3.07 Square foot of gross floor area Retail $1.14 Square foot of gross floor area Industrial $2.08 Square foot of gross floor area Other Uses $685 Average a.m./p.m, peak hour trip* *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. Not~vithstanding the foregoing, an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the City/County, may appeal the determination to the Council/Board of Supervisors. If such an appeal is granted by the Council/Board of Supervisors, and the Council/Board of Supervisors adjusts the number of peak-hour trips, the City/County shall have such decision ratified by five members of the TVTC. Absent such ratification, the full amount of the fee must be paid by the applicant. Addendum I Page 3 of 5 Joint Exercise of Powers Agreement 5/6/03 TVTD Fees for Traffic Mitigation Signatures This Addendum I to the Joint Exercise of Powers Agreement may be signed in counterparts with the signature pages attached to form a complete document. APPROVED BY: COUNTY OF CONTRA COSTA By: Dated: Its: Attest: Clerk o£the Board of Supervisors COUNTY OF ALAMEDA By: Dated: Its: Attest: Clerk of the Board of Supervisors CITY OF SAN RAMON By: Dated: Its: Attest: City Clerk Addendum I Page 4 of 5 Joint Exercise of Powers Agreement 5/6/03 TVTD Fees for Traffic Mitigation TOWN OF DANVILLE By: Dated: Its: Attest: Town Clerk CITY OF DUBLIN By: Dated: Its: Attest: City Clerk CITY OF LIVERMORE By: Dated: Its: Attest: City Clerk CITY OF PLEASANTON By:' Dated: Its: Attest: City Clerk G:ITVTC1SEP UpdateMddendum I to JEPA-fee adjust, doc Addendum I Page 5 of 5 Joint Exercise of?owers Agreement 5/6/03 TVTD Fees for Traffic Mitigation