HomeMy WebLinkAboutMINUTES - 06232009 - C.07RECOMMENDATION(S):
SUPPORT Amendment to the Joint Exercise of Powers Agreement pertaining to the
Tri-Valley Transportation Development Fee Area of Benefit, as recommended by the Public
Works Director, Danville and San Ramon areas. Project No: 0676-6P4032
FISCAL IMPACT:
None. There will be no impact to the General Fund.
BACKGROUND:
The Tri-Valley Transportation Development (“TVTD”) Fee is a uniform fee on
development to fund transportation improvements in the Tri-Valley area, both in Contra
Costa County and in Alameda County. The Tri-Valley area consists of the San Ramon
Valley, Livermore Valley and Amador Valley. This fee program has been in effect since
1998. The TVTD Fee provides funds to construct regional road improvements to serve new
residential, office, commercial/retail, and industrial developments.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/23/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Mary Halle,
925-313-2327
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: June 23, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 7
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 23, 2009
Contra
Costa
County
Subject:JEPA Tri-Valley Transportation Development Fees (TVTD ) traffic mitigation
BACKGROUND: (CONT'D)
In 1991, the County signed a Joint Exercise of Powers Agreement (“JEPA”) between
Contra Costa County, Alameda County, the Town of Danville, the City of San Ramon,
the City of Pleasanton, the City of Dublin, and the City of Livermore that established the
Tri-Valley Transportation Council (“TVTC”). The purpose of the TVTC JEPA was the
joint preparation of the Tri-Valley Transportation Plan/Action Plan (“Action Plan”) for
the Routes of Regional Significance and cost sharing of the recommended regional
transportation improvements. The TVTC adopted the Action Plan in April 1995 and
updated it in 2000. In 1997, the TVTC recommended to its member jurisdictions the
adoption of a uniform development fee known as the Tri-Valley Transportation
Development Fee (“TVTD Fee”). In August 1998 the Contra Costa County Board of
Supervisors (“Board”) accepted a JEPA pertaining to the collection of the TVTD Fee.
Revisions to the fee program were considered last fall when the Board approved an
ordinance to implement the expanded project list; however, one of the member agencies
did not approve the revised fee program, citing the lack of an expenditure plan. A fee
amendment is not effective unless the TVTC reaches mutual agreement. The TVTC has
retained a consultant to prepare a Strategic Expenditure Plan (SEP). At the completion of
the SEP, staff will return to the Board for approval of an amended JEPA and fee program,
project list, and expenditure plan.
In the meantime, the TVTC has determined that the following administrative revisions to
the JEPA are warranted:
• Allow applicants to defer fee payment from building permit issuance to occupancy (in
compliance with AB 2604).
• Provide an exemption for affordable housing units.
• Adjust the rate in the fee schedule for the "Other" land use category to reflect the fee
rate per peak hour trip.
• Reallocate ½% of the 1% administrative fee to provide administrative services.
These proposed amendments have been recommended by the TVTC. The TVTC intends
to hold a public hearing on the proposed amendments on July 20, 2009. Provided that
these amendments will be mutually approved by the members of the TVTC, the Board
will be presented with a follow-up action to approve and authorize signature of the
amended agreement. Future action will be required to fix a hearing date and hold a public
hearing related to the adjustment of the fee rate for the “Other” land use category, to
bring this category in-line with the cost per peak hour trip.
CONSEQUENCE OF NEGATIVE ACTION:
As a member agency, failure to support the amendment to the JEPA will not allow
As a member agency, failure to support the amendment to the JEPA will not allow
adoption of these amendments, as TVTC amendments require mutual agreement.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
JEPA DRAFT
Joint Exercise of Powers Agreement Page 1 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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
Joint Exercise of Powers Agreement Page 2 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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 Tri Valley
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.
Joint Exercise of Powers Agreement Page 3 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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 Improvemen t Fees. The Parties agree to collect fees for the
Transportation Improvement Projects as provided in Section 5.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 unroofed areas and unenclosed
roofed-over spaces, except as defined above, are to be excluded from a rea
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.
Joint Exercise of Powers Agreement Page 4 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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 non commercial, 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 agenc y responsible for the design or
construction of the project itself.
i. "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.
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.
l. "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.
Joint Exercise of Powers Agreement Page 5 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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.
Purposes
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.
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;
Joint Exercise of Powers Agreement Page 6 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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;
f. 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. ("AB1600");
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 amo unt 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. Fees shall be
collected prior to issuance of building permits. At the Party’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.
Joint Exercise of Powers Agreement Page 7 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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.
e. 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.
Joint Exercise of Powers Agreement Page 8 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
Section 7.
Payments to ACTA and Reimbursement for ACTA Local Match Contributions
a. Payment to ACTA for 580/680 Interchange Project. Commencing with the
first quarter after the Fee Effective Date, 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 Project.
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 specify 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.
When ACTA receives monies from the Party (Parties), ACTA shall declare the
shortfall funded.
Joint Exercise of Powers Agreement Page 9 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
EXAMPLES
1.
Cumulative Local
Match
Obligations
Amount Paid to
Treasurer/ACTA
Shortfall
City X $ 600,000 $ 700,000
City Y $ 300,000 $ 300,000
City 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. Cumulative Local
Match
Obligations
Amount Paid to
Treasurer/ACTA
Shortfall
City X $ 600,000 $ 700,000
City Y $ 300,000 $ 300,000
City 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.
3.
Cumulative Local
Match
Obligations
Amount Paid to
Treasurer/ACTA
Shortfall
City X $ 600,000 $690,000
City Y $ 300,000 $200,000
City Z $ 300,000 $100,000
TOTAL $1,200,000 $990,000 $210,000
Joint Exercise of Powers Agreement Page 10 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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;
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.
Joint Exercise of Powers Agreement Page 11 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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 City of Pleasanton
1. Southerly extension of I-580/Hacienda
N.B. Bridge $51,000
2. Needed project right-of-way (Enea
Property) $552,500
3. Improvements to Dublin Boulevard
$150,000
1. Southerly extension of 1-580/Hopyard
N.B. Bridge $115,000
2. 1-580/Hopyard Interchange
Landscaping $220,000
3. Southerly extension of I-580/Hacienda
N.B. Bridge $51,000
4. 4. Needed project right- of-way
(Rosewood Drive) $43,416
Total $753,500 Total $429,416
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.
Joint Exercise of Powers Agreement Page 12 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
Transportation Improvement Projects
The Tri -Valley Transportation Developm ent 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
Multi Family Residential $1,050
Office $1.00
Retail $1.00
Industrial $0.75
Other Uses $1,500
Dwelling unit
Dwelling unit
Joint Exercise of Powers Agreement Page 13 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
Square foot of gross floor area Square foot
of gross floor area Square foot of gross
floor area Average a.m./p.m. peak hour
trip*
FY 2009-2010 TVTDF Schedule
CCI Applied
2009 =7.1%
Fee
Per Unit
Single Family Homes $2,181 Du*
Multi-Family Homes $1,387 Du*
Retail $1,460 1000sf
Office $3,640 1000sf
Industrial $2,460 1000sf
Other $2,254 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" SEP, within six months of the Fee Effective Date. The SEP, as
Joint Exercise of Powers Agreement Page 14 of 21
TVTD Fees for Traffic Mitigation June 2, 1998
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 s hall 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
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TVTD Fees for Traffic Mitigation June 2, 1998
extent permitted by law.
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 Plan/Action 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
TVTD Fees received may be used to cover the costs associated with the provision of
TVTC administrative staffing services. Acceptable costs shall be specified in the SEP.
Section 15.
Credit or Reimbursement for Developer-Constructed Projects
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
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TVTD Fees for Traffic Mitigation June 2, 1998
construction of such project, included in the prioritization plan of the SEP as a
project to be funded.
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.
Amendments
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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 §895.
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.
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
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TVTD Fees for Traffic Mitigation June 2, 1998
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
COUNTY OF ALAMEDA
By: ____________________ By: ___________________
Its: ____________________ Its: ___________________
Attest: ________________________________
Clerk of the Board of Supervisors
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TVTD Fees for Traffic Mitigation June 2, 1998
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
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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