HomeMy WebLinkAbout4.2 - 1535 MOU with LAVTA on pass-through TVTC funding
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STAFF REPORT
CITY COUNCIL
DATE: September 5, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Memorandum of Understanding with the Livermore Amador Valley Transit
Authority to Pass-Through Tri-Valley Transportation Development Fee
Funds
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a Memorandum of Understanding with the
Livermore Amador Valley Transit Authority (LAVTA) to pass-through Tri-Valley
Transportation Development Fee funds. LAVTA will be implementing Phase 2 of the
Express Bus/Bus Rapid Transit project using these funds.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Memorandum of Understanding Between the City of
Dublin and the Livermore Amador Valley Transit Authority for the Implementation of
Express Bus/Rapid Bus Transit Phase 2 Project.
FINANCIAL IMPACT:
There are no financial impacts to the City of Dublin due to this action. The City of Dublin
will pass-through $1,140,000 of the Tri-Valley Transportation Development Fee funds to
Livermore Amador Valley Transit Authority.
DESCRIPTION:
The Tri-Valley Transportation Council (TVTC) adopted the Tri -Valley Transportation
Plan/Action Plan (TVTP/AP) for Routes of Regional Significance in 1995. The TVTP/AP
was later updated in 2000, 2009, and 2014. The Plan is a mutual understanding and
agreement on Tri-Valley transportation concerns, and identifies specific regional
transportation improvements for funding and implementation.
In 1998, through a Joint Exercise Powers Agreement (JEPA), the TVTC approved the
Tri-Valley Transportation Development Fee (TVTDF) program. The TVTDF is intended
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to allocate fair share costs for the regional improvement projects identified in the
TVTP/AP.
In 1999, the TVTC adopted a Strategic Expenditure Plan (SEP) which identified
priorities, project sponsors, and funding for TVTDF projects. The TVTC updated the
SEP in 2004, 2011, and 2017. The SEP included the Expre ss Bus/Bus Rapid Transit -
Phase 2 (Project), which was sponsored by the City of Dublin but to be implemented by
the Livermore Amador Valley Transit Authority (LAVTA). The LAVTA has implemented
Phase 1 of this Project in 2011 with the implementation of the Rapid bus system in the
cities of Dublin, Pleasanton and Livermore.
Transit Signal Priority (TSP) was introduced into the Rapid bus network along the
original Rapid bus corridors. TSP allows the bus to receive a “Priority” when
approaching a traffic signal through extension of green time thus allowing a bus to go
through the intersection without stopping. The LAVTA is now seeking funds to upgrade
the existing TSP system on all the Rapid buses and along the Rapid alignments as part
of the Phase 2 of the Project. The upgrade of the TSP system will entail the use of the
Global Positioning System technology that has been found to be more accurate in
communicating the location of buses to the traffic signal controllers and receiving a
TSP.
Being the sponsor of the Project, the City of Dublin will receive the TVTDF funds and
pass-through those funds to LAVTA for project implementation. In order to complete the
pass-through of the TVTDF funds, this Memorandum of Understanding (Exhibit 1 to
Attachment 1) has been prepared for the City Council’s consideration.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving a Memorandum of Understanding Between the City of Dublin
and Livermore Amador Valley Transit Authority for the Implemen tation of Express
Bus/Rapid Bus Transit Phase 2 Project
2. Exhibit A to the Resolution - Memorandum of Understanding with the Livermore
Amador Valley Transit Authority
RESOLUTION NO. ___- 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DUBLIN AND THE LIVERMORE AMADOR VALLEY TRANSIT
AUTHORITY FOR THE IMPLEMENTATION OF EXPRESS BUS/RAPID BUS
TRANSIT PHASE 2 PROJECT
WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted
the "Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional
Significance; and
WHEREAS, In 1998, through a Joint Exercise Powers Agreement (JEPA), the
TVTC approved the Tri-Valley Transportation Development Fee (TVTDF) program;
and
WHEREAS, in 1999, the TVTC prepared and approved a Strategic
Expenditure Plan (SEP), which guides the expenditure of revenue collected from the
TVTDF; and
WHEREAS, the SEP identifies priorities, project sponsors, and funding for
TVTDF projects; and
WHEREAS, The TVTC updated the SEP in 2004, 2011, and 2017; and
WHEREAS, The SEP included the Express Bus/Bus Rapid Transit - Phase 2
(PROJECT); and
WHEREAS, the 2017 update of the SEP programmed $140,000 in fiscal year
16/17 and $1,000,000 in fiscal year 17/18 for a total of $1,140,000 from the TVTDF
to the PROJECT; and
WHEREAS, the City of Dublin a signatory agency to the 1991 Joint Powers
Agreement governing the TVTC, and is the sponsor Agency for the purposes of
administering the appropriation of TVTDF funds to the PROJECT; and
WHEREAS, the Livermore Amador Valley Transit Authority (LAVTA) is the
Lead Agency for the implementation of the PROJECT; and
WHEREAS, the City of Dublin and LAVTA agree to enter into a Memorandum
Of Understanding (MOU) to Pass-Through the TVTDF funds in the amount of
$1,140,000 from the City of Dublin to LAVTA for the implementation of the
PROJECT; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves Memorandum of Understanding with the Livermore Amador
Valley Transit Authority for the Implementation of Express Bus/Rapid Bus Transit
Phase 2 Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin
hereby authorizes the City Manager, or his/her designee to execute in the name of
the City of Dublin the attached MOU (Exhibit A) and any associated documents.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
EXHIBIT A
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN
AND THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE
IMPLEMENTATION OF EXPRESS BUS/RAPID BUS TRANSIT PHASE 2 PROJECT
This Memorandum of Understanding (MOU) is entered into as of September ______,
2017 between the City of Dublin, a municipal corporation (DUBLIN) and the Livermore
Amador Valley Transit Authority, a joint powers authority (LAVTA).
RECITALS
A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation
Council (“TVTC”) is a signatory to the Joint Exercise of Powers Agreement
pertaining to the Tri-Valley Transportation Development Fee (TVTDF) for Traffic
Mitigation; and
B. WHEREAS, DUBLIN has cooperatively participated in the development and
adoption of the TVTC Strategic Expenditure Plan (SEP) and the TVTDF Funding
Plan, which provide guidance for expenditure of the TVTDF on 22 projects (List A
and List B); and
C. WHEREAS, the Express Bus/BRT Phase 2 Project (“PROJECT”) is one of the “List
A” projects in the SEP (Project A-11); and
D. WHEREAS, DUBLIN serves as the TVTC Project Sponsor of the PROJECT
identified in the TVTC SEP 2017 Update; and
E. WHEREAS, LAVTA is the lead agency responsible for management and
implementation of the PROJECT; and
F. WHEREAS, the PROJECT is listed in the TVTC SEP 2017 update with $1.14 million
from TVTDF in fiscal years 2016/17 and 2017/18; and
G. WHEREAS, using TVTDF funds, LAVTA wishes to fund part of the PROJECT
construction in accordance with the terms and conditions set forth herein; and
H. WHEREAS, as a member of the TVTC, DUBLIN intends to ensure that funds set
aside for PROJECT in the TVTDF Funding Plan are appropriated as expeditiously
as feasible for the PROJECT;
EXHIBIT A
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I. NOW, THEREFORE, in consideration of the promises herein, the parties agree as
follows:
SECTION I
DUBLIN AGREEES:
A. To initiate a request from the TVTC for the disbursement of TVTDF funds in the
amount of $1.14 million in accordance with the TVTDF funding plan.
B. To, upon receipt of the funds from the TVTC, pass the funds through to LAVTA,
the party responsible for the management and construction of the PROJECT.
SECTION II
LAVTA AGREES:
A. To receive TVTC pass-through funds from DUBLIN in the amount of $1.14
million.
B. To oversee the construction of the PROJECT, in accordance with LAVTA policy.
SECTION III
IT IS MUTUALLY AGREED:
A. This MOU constitutes the entire agreement between the parties regarding the
subject matter hereof and any oral discussions or written or oral agreements with
respect thereto preceding the effective date of this MOU are superseded hereby.
No amendment, alteration, or variation of the terms of the MOU shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
B. DUBLIN and LAVTA each render their services under this MOU as independent
agencies. None of the agents or employees of either shall be deemed agents or
employees of the other.
C. Any notice given under this MOU shall be in writing and shall be deemed given if
delivered personally or mailed by registered or certified mail or commercial
overnight courier, return receipt or confirmation of delivery requested, of by
facsimile transmission with voice confirmation of receipt, the parties at the
following addresses (or at such other address for a party as shall be specified by
like notice):
EXHIBIT A
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If to DUBLIN:
Obaid Khan, P.E.
Public Works
100 Civic Plaza, Dublin ca 94568
Obaid.khan@dublin.ca.gov
Fax:925-829-9248
If to LAVTA:
Christy Wegener
1362 Rutan Court, Suite 100
Livermore, CA 94551
cwegener@lavta.org
Fax: 925-443-1375
EXHIBIT A
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THIS AGREEMENT executed the date and year first above written.
LIVERMORE AMADOR VALLEY CITY OF DUBLIN
TRANSPORTATION AUTHORITY
_____________________ __________________________
Michael Tree, Executive Director Christopher L. Foss, City
Manager
ATTEST:
__________________________
Caroline Soto, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________ __________________________
Michael Conneran John Bakker, City Attorney
Legal Counsel to LAVTA