HomeMy WebLinkAboutReso 087-03 TVTD FeeAdj Amend RESOLUTION NO. 87 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION APPROVING IMPLEMENTATION OF THE PROPOSED TR1-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 Tri-Valley jurisdictions adopted the Joint Exercise of 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
-1-
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' Trip 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 Tri-Valley
Transportation Council.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2003.
AYES: ' Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
G:\CC-MTGS~2003-qtr2hMay\5-20-03Xreso TVTD fee adjustment, doc (Item 6.1)
-3-