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HomeMy WebLinkAbout7.1 JPA for Tri-Valley Trans Council~~o~DU~l,~ CITY CLERK ~ ~ ~~ File # ^0®®"^~ ~- ~ -~ s~ ~/'~, C~ w ~`~ T Tr.T~tlN Y AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 19,.2009 SUBJECT: Amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement (JEPA) Report Prepared by: Jaimee Bourgeois, Sr Civil Engineer (Traffic)~/'`,,~ ,;~ ATTACHMENTS: (1) Amended Joint Exercise of Powers Agreement (2) Resolution Supporting Proposed Amendments to the Tri-Valley Transportation Council Joint Exercise of Powers Agreement and Authorizing the Dublin Representative to Endorse Said Amendments at the Tri-Valley Transportation Council Public Hearing RECOMMENDATION: Staff recommends that the City Council adopt the Resolution supporting proposed amendments to the Tri-Valley Transportation Council Joint Exercise of Powers Agreement and authorizing the Dublin representative to endorse said amendments at the Tri-Valley Transportation Council Public Hearing. FINANCIAL STATEMENT: The proposed exemption of affordable housing from the Tri-Valley Transportation Development Fee (TVTD Fee) will result in a reduction of revenues for the program. There is no direct impact to the City's General Fund. DESCRIPTION: The Tri-Valley area consists of several communities in southern Contra Costa County and eastern Alameda County which experience many inter-related transportation problems. In 1995, the TVTC adopted the "Tri-Valley Transportation Plan/Action Plan" for Routes of Regional Significance to address some of the more congested elements of the Tri-Valley transportation network. The 1995 Action Plan listed 11 transportation projects as "high priority" for the region. In 1998, the TVTC jurisdictions of Dublin, San Ramon, Livermore, Pleasanton, Danville and the Counties of Alameda and Contra Costa entered into a Joint Exercise of Powers Agreement (JEPA) to establish the TVTD Fee as a mechanism to partially fund the $763 million cost of these 11 high priority projects. COPY TO: Page 1 of 3 ITEM NO. G:\TRANSPORTATION\Regional\TVTC\StaffReports\agst_TVTC_JEPA_Amendment Final.doc Since its inception, the collected TVTD Fees have been used to help complete several of these high priority projects. However, the majority of these projects remain under-funded due to escalating construction costs and insufficient matching funds from state and federal governments. The remaining original 11 projects, which will now be referred to as "List A" projects, currently have an estimated unfunded balance of $369 million. In recognition of these significant funding shortfalls, the TVTC authorized an update to its. original Fee Nexus Study to determine the funding levels necessary to complete the remaining original "List A" projects and to help fund 11 new transportation improvements that have emerged from various Tri-Valley transportation planning efforts over the last decade, referred to as "List B" projects. The. new "List B" projects currently have an estimated unfunded balance of $1."1 billion. Projects on both lists .are termed collectively the "TVTC Projects" and have a total estimated unfunded amount of $1.469 billion. In 2008, the TVTC proposed a phased fee increase to address the funding shortfalls for priority transportation projects in the Tri-Valley. Fee increases require an amendment to the JEPA, an action which requires a unanimous vote of the TVTC, and adoption of the fee increase by each of the seven member jurisdictions. The City of Dublin approved the fee increase on October 7, 2008. After much effort, only five of the remaining six jurisdictions approved the fee increase: While the one dissenting jurisdiction, the City of Pleasanton, has expressed support for the fee increase, it voted to defer implementation of the fee adjustment until such time as an updated Strategic Expenditure Plan (SEP) can be developed that provides assurance that List A projects have priority over List B projects. As a result, the TVTC has since elected to defer adoption of a revised fee program until such time as the SEP is complete. To date, the TVTC has retained the consulting services of Kimley Horn and Associates (KHA), and has formed asub-committee structure to expedite the completion of the SEP update. In the meantime, the TVTC is requesting that its member jurisdictions support the approval of the following non-controversial amendments to the JEPA (Attachment 1): a) Affordable Housing Exemption: Provide a TVTD Fee exemption for all very low, low, and moderate income affordable housing units meeting the applicable State of California Health and Safety Code section requirements and having a minimum affordability term of 55 years (for multi- family) and 45 years (for single-family) based on the percentage of affordable housing units to the total number of units in the project. b) Correction of the "Other Uses" Fee Category: Provides a correction to how this fee category is calculated in the TVTD Fee schedule, to be consistent with its original intent to be collected at the same rate as the "Single Family" category. This correction will result in an increase of the fee amount for this category. c) Administration: Amend the administrative fee language to provide a mechanism to fund administrative services, allowing for the one-half of the one-percent of the TVTD Fee collected to be used towards the provision of administrative staffing services. The other one-half of the one percent would continue to be used for the provision of Treasurer services. d) Fee Deferral: Incorporate a reference to the new state legislation that allows local jurisdictions to defer the collection of fees until Building Occupancy. Assembly Bi112604 was passed and signed by the Governor on August 1, 2008, which amends Government Code Section 66007. Page 2 of 3 JEPA Amendment Process An amendment to the TVTC JEPA .requires unanimous approval of all seven member jurisdictions, and any amendments that require adjustment to the TVTD Fee involves athree-step process: Step 1 -Local Support: In this first step, all member jurisdictions are asked to support .the proposed amendment and authorize their representative to endorse the proposal at an upcoming TVTC meeting. Step 2 -TVTC Approval: Next, .the TVTC will take formal action on the proposed amendment(s) at a noticed public hearing. Step 3 -Local Adoption: Lastly, any TVTD Fee adjustments approved by the TVTC require local implementation through an ordinance amendment. The action being considered by the City Council at its May 19, 2009, meeting is the first of this three-step process. To date, the Town of Danville and the City of San Ramon have completed Step 1 by approving a resolution of support for the amendments. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution supporting amendments to the Tri-Valley Transportation Council Joint Exercise of Powers Agreement and authorizing the Dublin representative to endorse said amendments at the Tri-Valley Transportation Council Public Hearing. Page 3 of 3 ~~a~ 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 Z-r~~ ~~~ 51 ~91~i A1TAg11~IR ~. a~ay JOINT EXERCISE OF POWERS AGREEMENT Tri-Valley Transportation Development Fees for Traffic Mitigation This JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is entered into this 22nd day of April, 1998 (the "Effective Date") pursuant to Government Code §6502 by and among the COUNTY OF CONTRA COSTA ("Contra Costa"), a political subdivision and body corporate and politic of the State of California; the CITY OF SAN RAMON ("San Ramon"), a municipal corporation duly organized and existing under the laws of the State of California; and the TOWN OF DANVILLE ("Danville"), a municipal corporation duly organized and existing under the laws of the State of California; the COUNTY OF ALAMEDA ("Alameda County", together with Contra Costa, the "Counties"), political subdivision and body corporate and politic of the State of California; the CITY OF DUBLIN ("Dublin"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF LIVERMORE ("Livermore"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF PLEASANTON ("Pleasanton", together with the other cities and town, the "Cities"), a municipal corporation duly organized and existing under the laws of the State of California. The Cities and Counties may be referred to collectively as the "Parties." RECITALS This Agreement is based on the following facts and circumstances: A. Tri-Valley Development Area. There exists in Alameda County and Contra Costa County a geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley. This Tri-Valley area contains the Cities and portions of the Counties. The approximate boundaries of the Tri- Valley Development Area are shown on the map attached as Exhibit A. B. Impact of Development. The Association of Bay Area Governments forecasts that by the year 2020 the Tri-Valley Development Area will contain an additional 157,000 new residents, 58,000 new households and 121,000 new jobs. The traffic impact from these new residential units and commercial uses, as well as additional development beyond the year 2020, will adversely affect the quality of life for the existing residents of the Cities and Counties within the Tri-Valley Development Area unless those regional impacts are mitigated by off-site street improvements. C. Regional Projects. The Cities and Counties have identified, through the Joint Exercise of Powers Agreement Page 2 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 ~~ay TriValley Transportation Plan/Action Plan for Routes of Regional Significance (the Plan), regional Transportation Improvement Projects, listed in Section 8 of this Agreement, which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. D. Tri-Valley Regional Fee. State law allows the Cities and Counties to establish a fee on all new development within the Tri-Valley Development Area which would finance all or a portion of these Transportation Improvement Projects. E. Collection and Use of Improvement Fees. The Parties agree to collect fees for the Transportation Improvement Projects as provided in Section S.b of this Agreement, and to use the fees collected in a coordinated manner to provide for financing and construction of the Transportation Improvement Projects. NOW, THEREFORE, the Parties agree: Section 1. Parties The Parties to this Agreement are the Cities and Counties. Section 2. Definitions a. "ACTA" refers to the Alameda County Transportation Authority, a legal entity created by statute. ACTA and several of the Parties are parties to separate agreements, entitled "Local Match Agreements," whereby such parties have committed to provide funding to ACTA for construction of the 1-580/680 Interchange improvements. b. "Gross Floor Area" refers to the sum of the area at each floor level, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered as part of the overall square footage of the building. All Joint Exercise of Powers Agreement Page 3 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 4~a~ unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building. c. "Industrial" refers to developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise. d. "Land Use Entitlement" means a permit or approval granted for a development project as that term is defined in Government Code §66000. e. "Multi Family Residential" refers to 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 ownership (e.g., condominiums, townhomes, duplexes, or duets). f. "Office" refers to developments for the purpose of housing noncommercial, non-manufacturing businesses. g. "Other Uses" refers to land use categories not implicitly included within 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 Engineers Trip Generation Manual or in a list of peak-hour trip rates that the Tri- Valley Transportation Council has explicitly approved. h. "Project Sponsor" refers to the Party designated in the Strategic Expenditure Plan (SEP) to oversee the use of Tri-Valley Transportation Development Fee revenues in the development of a specific regional Transportation Improvement Project. The Party 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 services. j. "Single Family Residential" refers to detached buildings designed for occupation as the residence of one family. Joint Exercise of Powers Agreement Page 4 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 5~a4 k. "Subsidized Housing Development" refers to housing facilities developed by public agencies, limited dividend housing corporations, or non-profit corporations, 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. 1. "Transportation Improvement Projects" or "Projects" refers to those public improvements required to mitigate the regional traffic impacts of development within the Tri-Valley Development Area as specified in Section 8. m. "Treasurer" refers to the finance director or treasurer of the Party unanimously selected by the TVTC to act as Treasurer pursuant to this Agreement. n. "Tri-Valley Transportation Development Fee" or "TVTD Fee" refers to the fees to be imposed by the Cities and Counties on development within the Tri-Valley Development Area. The project list for the Tri- Valley Transportation Development Fee is in Section 8 of this Agreement. o. "TVTC" refers to the Tri-Valley Transportation Council which is defined in the "Joint Powers Agreement by and among the County of Alameda, County of Contra Costa, Town of Danville and Cities of Dublin, Livermore, Pleasanton and San Ramon," dated March 1, 1991. Section 3 This agreement is made pursuant to Law for the following purposes: a. To establish a framework for the enactment by the Parties of a Tri-- Valley Transportation Development Fee (TVTD Fee), a uniform regional fee on development within the Tri-Valley Development Area not legally precluded from the fee, to fund all or part of the necessary transportation improvements identified in the Plan. b. To help resolve regional traffic problems through implementation of the Plan and the TVTD Fee program. c. To establish funding goals for identified Transportation Improvement Projects and to seek commitments regarding funding for the Transportation Improvement Projects. Joint Exercise of Powers Agreement Page 5 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 ~~aw d. To establish mechanisms for collecting, managing and disbursing the TVTD Fee and to formalize institutional arrangements for the implementation of the Projects to be constructed with fee revenues. Section 4. Duties of Treasurer The Treasurer shall perform the following Duties: a. Keep a record of all TVTD Fees paid to the Treasurer by any Party; all TVTD Fees retained by any Party pursuant to Section 6(b); and all disbursements and expenditures made by the Treasurer in accordance with this Agreement; b. Remit all TVTD Fees, including interest earned thereon, to ACTA on a quarterly basis until ACTA has received $5,548,300 (less any contribution by Parties subject to reimbursement pursuant to Section 7.d), which is the total amount due to ACTA under all of the Parties' Local Match Agreements; c. Coordinate with the Parties and ACTA to assure that no more than $5,548,300 in TVTD Fees and contributions are paid to ACTA, by the Treasurer from the Joint TVTD Fee Account; d. Reimburse Parties from the Joint TVTD Fee Account pursuant to Section 7; e. Calculate interest due on reimbursements to Parties, pursuant to Section 7; £ Transmit monies from the Joint TVTD Fee Account to Project Sponsors for the planning, design and construction of the Transportation Improvement Projects listed in Section 8 and in accordance with the SEP; g. Reimburse project developers from the Joint TVTD Fee Account pursuant to Section 15; h. Prepare reports required by Government Code §66000 et seq. annually in a form that can be used by each Party to comply with Government Code §66000 et seq. ("AB 1600"); Joint Exercise of Powers Agreement Page 6 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 ~~au i. Account for all monies from the Joint TVTD Fee Account received in accordance with Government Code §6505; j . Keep a record of the Treasurer's time and expenses in performing 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 Party agrees to collect the Tri-Valley Transportation 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. To accomplish the collection of fees, each Party agrees: a. To adopt the necessary ordinance(s) and/or resolution(s) to authorize the collection of the Tri-Valley Transportation Development Fee within its jurisdiction; b. To require each project developer to pay the Tri-Valley Transportation Development Fee for the project, to the extent permitted by law. lees shall be collected prior to issuance of building permits. At the Narty's discretion, however, fees may be collected after building permit issuance subject to an agreement between Party responsible for issuing building permits and project developer that outlines the schedule for payment of fees and includes escalation of fee rates based on the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period between the date of building permit issuance and the date of payment of the fees. c. To levy the Tri-Valley Transportation Development Fee on all development projects not legally precluded from the fee. d. 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 agreement. As used herein, "significant" means any of the following: (i) change in land use type (e.g., office to retail); (ii) intensification of land use types (e.g., increases in square footage of approved Office}; (iii) extension of term of development agreements; and (iv) reduction or removal of project mitigation requirements or conditions of approval. Joint Exercise of Powers Agreement Page 7 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 & day c. To exempt from the fee public schools, Subsidized Housing Development, and the governmental buildings owned by any public entity unless a Party can and does impose the TVTD Fee on governmental buildings of a public entity other than one of the Parties. f. To exempt from the fee 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. Section 6. Tri-Valley Transportation Development Fee Accounts a. Each Party shall place the TVTD Fees in an interest-bearing individual account to be used specifically for the Transportation 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 separate accounting is maintained and the account is credited with the investment earnings. b. A "Joint TVTD Fee Account" shall be established by the "Treasurer". Each Party shall transmit to the Treasurer within 30 days of the end of each quarter not less than 80% of all TVTD Fees collected by that Party during the quarter, and any interest or income generated on such 80% amount, together with notification of the Transportation Improvement Projects that the Party intends to fund with the retained portion of the revenues. c. Each party shall maintain a current 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 to ACTA and Reimbursement for ACTA Local Match Contributions a. Payment to ACTA for 580/680 Interchan~;e Project. Commencing with the first quarter after the Fee Effective Date, Joint Exercise of Powers Agreement Page 8 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 q~ a~ the Treasurer shall pay to ACTA all of the TVTD Fee revenues received from all Parties, including interest earned thereon. Such payments shall continue on a quarterly basis until ACTA has received $5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d. of this Agreement. b. Satisfaction of Local Match Agreements for the 580!680 Interchange Pro'eLct. Several of the Parties have individual agreements with ACTA to provide Local Match Funds for the 580/680 interchange project. It is the intent of all of the Parties that the TVTD Fees collected by the Parties shall be used to satisfy these Local Match Agreements. In order to carry out this intent, the Treasurer, as part of the quarterly payments to ACTA described in Section 7.a, shall provide ACTA and each of the Parties with an accounting tracking each Party's total cumulative payments until ACTA has received $5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d of this Agreement. c. Shortfall in Payments to ACTA. The purpose of this subsection is to specif}' how a shortfall will be funded. At the end of any fiscal year, if ACTA has received (via the Treasurer) less than the total cumulative amount (up to and including the cumulative amounts for that fiscal year) that ACTA should have received from Parties with Local Match Agreements, ACTA shall declare a shortfall and shall notify the Treasurer. The Treasurer and ACTA shall determine which Party (or Parties) is short in its cumulative Local Match obligation through the fiscal year for which there is a cumulative shortfall. If there is only one Party that is short, that Party shall fund the shortfall. If more than one Party is short, then those Parties shall fund the shortfall as follows: The amount of each Party's shortfall in its cumulative Local Match obligation shall be compared to the amount of that Party's cumulative Local Match obligation, expressed as a percentage. That percentage shall be multiplied by the amount of the shortfall in order to determine each Party's share of the shortfall. Joint Exercise of Powers Agreement Page 9 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 lo~ay When ACTA receives monies from the Party (Parties), ACTA shall declare the shortfall funded. EXAMPLES 1 • Shortfall Cumulative Local Amount Paid to Match Treasurer/ACTA Obli ations Ci X ~ 600,000 ~ 700,000 Ci Y ~ 300,000 ~ 300,000 Ci Z ~ 300,000 ~ 200,000 TOTAL $1,200,000 $1,200,000 $0 In this example, even though City Z is $100,000 behind in its cumulative obligation to ACTA, there is no shortfall, and hence City Z owes no additional revenues, because ACTA has received the total amount of the cumulative Local Match obligation through that fiscal year. 2• Shortfall Cumulative Local Match Amount Paid to Obligations Treasurer/ACTA Ci X ~ 600,000 ~ 700,000 Ci Y ~ 300,000 ~ 300,000 Ci Z ~ 300,000 ~ 150,000 TOTAL $1,200,000 $1,150,000 $50,000 In this example, there is a $50,000 shortfall. City Z will need to fund the $50,000 shortfall from sources other than"TVTD Fees. Joint Exercise of Powers Agreement Page 10 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 If~ay 3. Shortfall Cumulative Local Amount Paid to Match Treasurer/ACTA Obligations Ci X ~ 600,000 $690,000 Ci Y ~ 300,000 $200,000 Ci Z ~ 300,000 $100,000 TOTAL $1,200,000 $990,000 $210,000 In this example, there is a $210,000 shortfall. Because there are two Cities that have a shortfall, 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 shortfall is $140,000 [$210,000 x 66.67%]. City Y and City Z will need to fund these shortfalls from sources other than TVTD Fees. d Reimbursement for Contributions made Prior to Fee Effective Date. Within sixty days of the Fee Effective Date or its designation as Treasurer, whichever occurs later, the Treasurer shall request from ACTA a statement specifying the contributions by the Parties to ACTA for the 580/680 interchange project prior to the Fee Effective Date which have been found by the ACTA Board to meet its "Policy on Reimbursement or Credit" (Exhibit B hereto). Based on this statement and following payment to ACTA of $5,548,300 (less any contributions by Parties subject to reimbursement pursuant to this subsection), the Treasurer shall reimburse the Party or Parties that made such contributions, in the chronological order such contributions were made, together with 5% annual simple interest calculated from the Fee Effective Date, with the exception of the following contributions: i. County of Alameda, $45,000, ii. City of Dublin, $111,700, iii. City of Livermore, $111,700, iv. City of Pleasanton, $203,700, Joint Exercise of Powers Agreement Page 11 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 -a~a4 v. City of San Ramon, $10,000, and vi. Town of Danville, $9,600. Such reimbursement shall be from TVTD Fees only and shall be made as such revenues are available until all contributions have been reimbursed. As of April 16, 1998, the only Parties which have made contributions which qualify for reimbursement pursuant to this subsection (d) are the City of Dublin and the City of Pleasanton. These Parties are entitled to reimbursement in the following amounts: City of Dublin 1. Southerly extension of I-580/Hacienda N.B. Bridge 2. Needed project Right-of--way (Enea Property) 3. Improvements to Dublin Boulevard City of Pleasanton 1. Southerly extension of I-580/Hacienda $51,000 N.B. Bridge 2. I-580/Hopyard Interchange $552,500 Landscaping 3. Southerly extension $150,000 of I-580/Hacienda N.B. Bridge 4. Needed project right- of-way (Rosewood Dr.) Total $753,500 Total Joint Exercise of Powers Agreement TVTD Fees for Traffic Mitigation $115,000 $220,000 $51,000 $43,416 $429,416 Page 12 of 22 June 2, 1998 13~ay Additional contributions by these or other Parties for the 580/680 interchange 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 contributions will be credited by ACTA against such Parties' obligations. For example, the contributions by Dublin and Pleasanton through April 16, 1998, 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 contributions by Dublin and Pleasanton, the total Local Match obligation will be met once ACTA has received $4,365,384. e. Reimbursement for Payments Made After Fee Effective Date. If a Party, 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 Treasurer, upon written request by the Party and after ACTA has certified that it has received $5,548,300 (less any contributions by Parties subject to reimbursement pursuant to section 7.d), shall reimburse the Party for such contribution, together with five percent annual simple interest calculated from the date of payment to ACTA. Reimbursement shall be from TVTD Fee revenues only and shall be made only after the Treasurer has reimbursed any Parties for the contributions they made prior to the Fee Effective Date, pursuant to Subsection (d) above. Section 8. Transportation Improvement Projects The Tri-Valley Transportation Development Fee shall be used to fund all or a portion of the costs of the following projects: a. Improvements to the 1-580/1-680 interchange: construct a southbound I680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) -Completed b. Improvements to State Route 84 between 1-580 and 1-680 c. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road ~~~~ (Segments 1 and 3 completed) d. West Dublin/Pleasanton BART Station (In progress) e. 1-580 HOV lanes between Santa Rita Road and Greenville Road f. 1-680 HOV lanes from the State Route 84/ 1-680 interchange to the top of the Sunol Grade (In progress) g. Improvements to the I-580/Foothill Road/San Ramon Boulevard interchange h. Improvements to I-680/Alcosta Boulevard interchange (Completed) i. Crow Canyon Road safety improvement west of Bollinger Canyon Road j. Vasco Road safety improvements north of 1-580 within Alameda County k. Express bus service in the Tri-Valley area Notwithstanding the foregoing, the TVTD Fee imposed and collected by the County of Contra Costa shall not be used to fund the Projects specified in subsections (d) and (k) above. Section 9 Tri-Valley Transportation Development Fee Amount The initial Tri-Valley Transportation Development Fees shall be as follows: Land Use Type Fee Per Unit Single Family Residential $1,500 Dwelling unit Multi Family Residential $1,050 Dwelling unit Office $1.00 Retail $1.00 Industrial $0.75 Square foot of gross floor area Square foot of gross floor area Square foot of gross floor area Other Uses $1,500 Average a.m./p.m. peak hour trip* Joint Exercise of Powers Agreement Page 14 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 15 ~ac~ CCI Applied 2009 =7.1% Per Unit FY 2009-2010 TVTDF Schedule Fee Single Family Homes $2,181 Du* Multi-Family Homes $1,387 Du'` Retail $1,460 1000sf Office $3,910 1000sf Industrial $2,650 1000sf Other $2,423 PHT* Affordable Housing $0 Du* '`Du -Dwelling Unit **PHT -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, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the Party, may appeal the determination to the Party's legislative body. If such an appeal is granted by the Party, and the Party adjusts the number of peak-hour trips, the Party shall have such decision ratified by five members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall notify the applicant that the full amount of the fee must be paid by the applicant. Section 10. Effective Date of Fee The parties desire that the Tri-Valley Transportation 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 a. The initial Strategic Expenditure Plan ("SEP") is the 580/680 interchange project described in Section 8.a. b. The TVTC shall prepare and, by a unanimous vote of the TVTC, forward to each Party a first amendment to the SEP in the form of a "Circulation Draft" Joint Exercise of Powers Agreement Page 15 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 l~ op ~'i ~~ SEP, within six months of the Fee Effective Date. The SEP, as amended, 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 shall include requirements that Project Sponsors or other entities which construct any of the Projects defend and indemnify the Parties. The SEP shall also include guidelines governing credit and/or reimbursement for entity-constructed Projects and developer- constructed Projects as authorized by, and consistent with, Section 7(d) and (e) and Section 15(a) and (b), respectively. Appropriate capital improvement procedures shall be reflected in the SEP. Any TVTD Fees retained by the parties and not transmitted by the Joint TVTD Fee Account shall also be reflected within the SEP. The SEP shall also include guidelines to assure that Project Sponsors do not receive TVTD Fee revenues from the Treasurer (pursuant to Section 4(f)) for a Project in amounts more than are authorized in the SEP. c. The "Circulation Draft" of the first amended SEP (and all subsequent amendments) must be reviewed and approved unanimously by all of the Parties. The SEP must be reviewed at least once every two years by the TVTC. Each revision shall require unanimous approval by the TVTC. d. The TVTC shall consider the following criteria when establishing the priority of Transportation Improvement Projects in the SEP: (i) Project Readiness: Ability of Project Sponsors to move directly to final design and construction, which could be represented by, among other things, completion of environmental documentation, inclusion of the project in the Regional Transportation Improvement Program, preparation of plans, specifications and estimates. (ii) Project Funding: Ability of project to "leverage" other funding, eligibility of the project for external funding, or commitment of external funding. (iii) Project Effectiveness: Ability of the project to address traffic congestion or safety problems. Section 12. Time of Payment The TVTD Fees shall be collected prior to the issuance of a building permit to the extent permitted by law. Joint Exercise of Powers Agreement Page 16 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 i~~ay Section 13. Tri-Valley Fee Adjustments a. Each Party 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 Construction 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 Parties may agree to adjust the TVTD Fee to reflect revisions in the project list in the Tri-Valley Transportation PlanlAction Plan, program revenue, increases in land values over the inflationary increase or other factors. The amount of such adjustments shall be included in a written addendum to this Agreement that shall be approved by each Party and in amendments of each adopted fee resolution or ordinance. Concerted efforts shall be made to attract and obtain other funds from other available revenue sources for which the projects are eligible. Section 14. Administrative Costs Up to one-half percent of the TVTD Fees received, may be used to cover the administrative costs of the Party acting as the Treasurer and other costs associated with the TVTD Fee. Additionally. up to another one-half percent of the "IV"fD lees received may be used to cover the costs associated ~~~ith the provision of TV~I'C administrative staffing services. Acceptable costs shall be specified in the SEP. Section 15. Credit or Reimbursement for Developer-Constructed Proiects The Parties shall provide in their implementing ordinance or resolution that a developer who constructs all or part of one of the Transportation Improvement Projects may be eligible for a credit or reimbursement, as provided herein. No credit shall be applied and no reimbursement shall be made until the Parties have been fully reimbursed pursuant to Section 7(d) and (e). a. 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 constructs all or a part of one of the Transportation Improvement Projects that is, at the time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded. Joint Exercise of Powers Agreement Page 17 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 i~~~~ A developer may be eligible for a reimbursement if the cost of constructing such a Transportation Improvement Project, or a part of such project, exceeds the amount of the TVTD Fee to be paid by the developer. The amount of reimbursement shall equal the difference between the cost of constructing all or a part of the Transportation Improvement Project and the TVTD Fee for the development project. Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from 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 amount equal to the cost of the Transportation Improvements Project or portion thereof, as set forth in the SEP, and shall be calculated by the Public Works Director or City Engineer of the Party granting the credit (and approved by the TVTC Technical Advisory Committee). The credit, or the credit and reimbursement together, shall be calculated at the time the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. The credit shall be granted at the same time. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. b. Reimbursement for Projects Not Funded in SEP. If a developer constructs all or a part of a Transportation Improvement Project that is not, at time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded, the developer may be eligible for be reimbursement from the Treasurer, 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 reimbursement shall be calculated by the Public Works Director or City Engineer of the Party in which the development is located (and approved by the TVTC Technical Advisory Committee) and shall be equal to the cost of the project or portion thereof, as set forth in the SEP. The amount of the reimbursement shall be calculated when the developer enters into an agreement for construction of the Transportation 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 only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. Section 16. Joint Exercise of Powers Agreement Page 18 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 ~~ ~ ati 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 Party. Section 17. Interpretation of Agreement Nothing in this Agreement shall be construed to hold any Party liable to any other Party, or any person not a party hereto, for the design, construction, installation, inspection, operation, maintenance and/or repair of any of the Transportation Improvement Projects because the first Party collected TVTD Fees that were used for the design, construction, installation, inspection, operation, maintenance and/or repair of any Transportation Improvement Project. This Agreement is designed to implement the subvention or disbursement of public funds from one public agency to another and accordingly is not an agreement as defined in Government Code X895. A Party 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 from the Effective Date in the opening paragraph until the Projects listed in Section 8 have been fully constructed and/or acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the Transportation Improvement Projects are fully constructed and/or acquired. Notwithstanding the preceding paragraph, any Party may withdraw from the Agreement and terminate its TVTD Fee by giving written notice to all Parties within 30 calendar days of the unanimous vote by the TVTC forwarding the Circulation Draft of the first amendment of the SEP (see Section 11(b)), provided no such withdrawal or termination of Fee collection shall become effective until the full amount of the Parties' Local Match payments for the 1-580/680 Project described in Section 8(a) has been made to ACTA and the reimbursements for the 1-580/680 Project provided in Section 7(d) and (e) have been made. Joint Exercise of Powers Agreement Page 19 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 a°~a~ Section 19. Attorneys' Fees If legal action is necessary to enforce this agreement, the prevailing Party is entitled to reasonable court 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 Treasurer, as provided in §6509 of the Government Code. Section 21. Sole Agreement This Agreement is the sole agreement on the subject matters of this Agreement between the parties. Section 22. No Agency or Entity Created By entering into this Agreement, the Parties are not creating a separate agency or entity. Section 23. Signatures This Agreement may be signed in counterparts with the signature pages attached to form a complete document. APPROVED BY: COUNTY OF CONTRA COSTA By: Its: Attest: Clerk of the Board of Supervisors Joint Exercise of Powers Agreement Page 20 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 a~ ~,~ COUNTY OF ALAMEDA By: Its: Attest: Clerk of the Board of Supervisors CITY OF SAN RAMON By: Its: Attest: City Clerk TOWN OF DANVILLE By: Its: Attest: Town Clerk CITY OF DUBLIN By: Its: Attest: City Clerk By: Its: Joint Exercise of Powers Agreement Page 21 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 ~? ,, ,~ CITY OF LIVERMORE By: Its: Attest: City Clerk CITY OF PLEASANTON By: Its: Attest: City Clerk H:\transp\mis\jepa-tvtc 92308 Joint Exercise of Powers Agreement Page 22 of 22 TVTD Fees for Traffic Mitigation June 2, 1998 aJ~~, RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUPPORTING AMENDMENTS TO THE TRI-VALLEY TRANSPORTATION COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZING THE DUBLIN REPRESENTATIVE TO ENDORSE SAID AMMENDMENTS AT THE TRI-VALLEY TRANSPORTATION COUNCIL PUBLIC HEARING WHEREAS, the City of Dublin has joined with other Tri-Valley jurisdictions to form the Tri-Valley Transportation Council (TVTC), and cooperatively participated in the development and adoption of the Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, the TVTP/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 Powers of Agreement ("JEPA") in 1998 with other Tri-Valley jurisdictions to implement aTri-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 TVTP/AP; and WHEREAS, since its inception, the TVTD Fees collected have been used to help complete several of these 11 high priority projects, which are now referred to as "List A" projects, and which now have an unfunded balance of $369 million (in 2008 dollars); and WHEREAS, in recognition of this shortfall, the TVTC authorized an update of its original Fee Nexus Study to determine the funding levels necessary to complete the remaining original "List A" projects and to help fund 11 new transportation improvements that have emerged from various Tri-Valley transportation planning efforts, referred to as "List B" projects; and WHEREAS, projects from both "List A" and "List B" have a collective unfunded balance of $1.4 billion, and the TVTC proposed a phased increase to partially address this significant shortfall in 2008; and WHEREAS, the proposed phased fee increase did not receive the unanimous support necessary to amend the TVTC JEPA required to implement the fee increase; and WHEREAS, the TVTC elected to defer the adoption of the proposed fee increase until such time as a Strategic Expenditure Plan (SEP) can be completed to prioritize "List A" and "List B" projects; and WHEREAS, the TVTC agreed to adopt non-controversial amendments to the JEPA in advance of adopting an updated SEP, which include: ~rrea~r z. aq•~~a4 a. Adoption of an affordable housing exemption; b. Correction on the method in which the "Other Uses" fee category is calculated to be equivalently reflective of the true cost per trip; c. Amendment of the administrative fee language to provide a mechanism to fund administrative services; and d. Incorporation of a reference to the new state legislation that allows local jurisdictions to defer the collection of fees until Building Occupancy. WHEREAS, an amendment of the JEPA requires unanimous support of all seven member jurisdictions, and the grant of authorization for each member agency's representative to endorse the JEPA amendment at an upcoming noticed public hearing of the TVTC is the first of a three-step process; and WHEREAS, the TVTC requests each member agency to authorize its representative on the TVTC to endorse the amendments outlined in this resolution; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin: 1. Supports the JEPA amendments outlined in this resolution; and 2. Authorizes the Dublin representative to endorse the amendments outlined in this resolution at an upcoming Tri-Valley Transportation Council public hearing. PASSED, APPROVED AND ADOPTED this 19th day of May, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:\TRANSPORTATION\Regional\TVTC\Staff Reports\reso_TVTC_JEPA_Amendment Final.doc Mayor 2