HomeMy WebLinkAboutMINUTES - 11041997 - D11 TO: BOARD OF SUPERVISORS - Contra
Costa
FROM: Supervisor Donna Gerber, District III
T1 County
DATE: November 3, 1997
SUBJECT: Principles of Agreement Resolution for the Tri-Valley Transportation Development
Fee Program
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the Principles of Agreement Resolution for the Tri Valley Transportation
Development Fee (MDF) Program (see Exhibit A), subject to its adoption by all
participating jurisdictions of the Tri Valley Transportation Council (TVTC), and authorize
the Chair of the Board of Supervisors to sign a letter transmitting the resolution to the
MC.
FISCAL IMPACT
No impact to the General Fund. Ultimate implementation of the MDF Program will
provide revenues to reimburse the County for funds (Measure C and Road Funds)
advanced for the Program's development and for the local contribution to the 1-580/680
interchange project.
CONTINUED ON ATTACHMENT: X YES SIGNATUR
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
—APPROVE
OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 4, 1997 APPROVED AS RECOMMENDED X OTHER X
APPROVED as recommended above; and ADOPTED Resolution No. 97/616 approving the principles
of agreement for adoption of the Tri-Valley Transportation Development Fee.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT --------- TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact Person, Steven Goetz, 335-1240 ATTESTED November 4. 1997)
Orig: Community Development PHIL BATCHELOR, CLERK OF
CC: Public Works, T.E. T ARD OF UPE RS
MC (via CDD) A OUN A I TRATOR
County Counsel
Christine ampl
SG\
J:\sgWdf.bo
D. i
Principles of Agreement Resolution for the TVTDF Program
-November 3, 1997
-Page Two
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board of Supervisors has received two draft TVTDF Program resolutions from the
MC in 1997. The Board forwarded comments on the original resolution to the TVTC on
May 6, 1997. Those comments were coordinated with the other Contra Costa jurisdictions
on the MC (Danville and San Ramon). Those comments also underscored our concern
that the fee amount was high enough to warrant an economic burden analysis to determine
if the new fees unfairly burdened new development such as affordable housing.
On July 15, 1997, the Board received a revised resolution from the TVTC and referred it
to the Transportation Committee. The major revisions to the resolution included:
- The project list was expanded to include all 11 underfunded regional transportation
improvements identified in the Tri Valley Transportation Plan, whereas the original
proposal only addressed five of these projects.
- The fee schedule was reduced between 28% and 74% depending on the type of
development. For instance, the fee for a single family dwelling unit was originally
established at $2,582, and revised downward to $1,500, a 42% reduction.
- Preparation of a Strategic Expenditure Plan to prioritize the use of fee revenues
among the eligible projects and to implement periodic program updates.
On September 17, 1997, the Transportation Committee reviewed the revised resolution.
The Committee was concerned that the revised project list was significantly underfunded
and the update process could result in significant fee increases. Fee increases could
resurrect previous concerns regarding the burden of fees on new development. The
expanded project list also included transit projects, which by state statute, cannot be
funded by the County's developer fee program. The Committee recommended approval
of the resolution subject to the following conditions:
- The resolution must include language that any fee increase, beyond inflationary
and construction costs adjustments, would require the unanimous approval of all
seven jurisdictions. Without this unanimous approval, the existing fee would remain
in place.
- The Strategic Expenditure Plan must contain provisions to ensure that County fee
revenues have not been allocated to any transit project.
The Committee agreed to forward this recommendation to the Board of Supervisors once
the MC agreed to final language in the resolution.
On October 29, 1997, the TVTC met and agreed to final language for the resolution.
Furthermore, each TVTC representative agreed to recommend adoption of the final
resolution to their own jurisdiction. I agreed to this position since the final language
adequately responds to the concerns expressed by the Board of Supervisors in their May
6 comments, and the concerns expressed by the Transportation Committee at their
September 17 meeting.
The final language of the resolution is described in Exhibit A. Redlines and strikeouts are
used to show how the language changed after it was reviewed by the Board Transportation
Committee. Please be aware that this final language has not been reviewed by the
Transportation Committee. The schedule for the Board of Supervisors provides for only
one meeting in November. The TVTC has requested that all jurisdictions act on the final
language this month.
D �1
THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 4, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97\fil6
SUBJECT: A RESOLUTION OF THE COUNTY OF CONTRA COSTA )
APPROVING PRINCIPLES OF AGREEMENT FOR ADOPTION OF THE)
TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE )
The Board of Supervisors of Contra Costa County RESOLVES that:
WHEREAS, The County of Contra Costa 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
for Routes of Regional Significance (TVTP), and
WHEREAS, The TVTP identified improvements to the Regional transportation system necessary
to accommodate traffic growth from ongoing development in the Tri-Valley Area
and elsewhere, and
WHEREAS, The TVTP recommended the adoption and implementation of a Tri-Valley
Transportation Development Fee (TVTDF) to fund all or part of the necessary
transportation improvements identified in the Plan, and
WHEREAS, The TVTC has directed the preparation of studies and documentation for the
adoption and implementation of the TVTDF Regional Fee program, and
WHEREAS, The County of Contra Costa supports solution of regional traffic problems through
implementation of the TVTP and the TVTDF Regional Fee Program.
NOW, THEREFORE, BE IT RESOLVED, THAT The County of Contra Costa does hereby
endorse and adopt the following Principles of Agreement for the establishment and implementation
of the TVTDF subject to the adoption of similar resolutions by all participating jurisdictions of
the TVTC:
1. That the TVTDF shall be used to fund all or part of the following Transportation
Improvement Projects in the Tri-Valley Area. It is acknowledged that at the proposed fee rates,
the TVTDF will not fund the project list in its entirety:
a. I-580/I-680 Interchange Improvements
b. Improvements to State Route 84 between I-580 and I-680
C. 1-680 Auxiliary Lanes between Bollinger Canyon Road and Diablo Road
d. West Dublin/Pleasanton BART Station
e. I-580 HOV Lanes between Santa Rita Road and Greenville Road
f. 1-680 HOV Lanes between SR84 and Sunol Grade
g. I-580/Foothill Road Interchange Improvements
Page 1 RESOLUTION NO. 971L1
h. I-680/Alcosta Boulevard Interchange Improvements
i. Crow Canyon Road Safety Improvements west of Bollinger Canyon Road
j. Vasco Road Safety Improvement north of I-580
k. Express Bus Service in Tri-Valley Area
2. That the highest funding priority for the TVTDF shall be the I-580/I-680 Improvement
Project "Local Match", which shall be funded at 100% of remaining local responsibility ($5.5
million).
3. That the following criteria shall be considered in establishing the priority of other projects
on the TVTDF funding list:
a. Project Readiness: examples of project readiness milestones include: completion
of environmental documentation, inclusion in RTIP/STIP, preparation of Plans,
Specifications and Estimates, right-of-way acquisition, etc.
b. Project Funding: Ability of project to "leverage" funding, eligibility for external
funding, and/or commitment of external funding.
C. Project Effectiveness: Ability of the project to effectively address Tri-Valley
traffic congestion and/or safety problems.
4. That the TVTC Technical Advisory Committee will prepare within 6 months of TVTDF
adoption a Strategic Expenditure Plan for delivery of the improvement projects. The Strategic
Expenditure Plan will include preliminary cost and revenue estimates of the TVTDF, a
prioritization plan and a timeline for project delivery. The Strategic Expenditure Plan will be
reviewed and approved by the TVTC and subsequently reviewed and approved by the seven
member jurisdictions.
5. That the TVTDF Fee will pay for a portion of some or all of the previously-listed projects,
on the basis of the following Fee Schedule:
Land Use Category TVTDF Fee Rate
Single-Family Residential $1,500/Dwelling Unit
Multi-Family Residential $1,050/Dwelling Unit
Office $1.00/Sq.Ft.
Retail $1.00/Sq.Ft.
Industrial/Warehouse $0.75/Sq.Ft.
*Other Uses/Alternative Rate $1,500/AM/PM Average Peak Hour Trip
*(TVTDF fees for other uses not listed shall be based upon the average AM/PM peak hour trip
generation, as estimated by the most recent edition of the ITE Trip Generation Manual. Technical
procedures for the calculation of TVTDF fees will be adopted by the TVTC.)
6. The TVTDF Program will be reviewed biennially, and adjusted as necessary to reflect
changes in project list, project cost, program revenue and other factors. The criteria established
in Item 3 above shall be considered in the biennial update, as appropriate. Examples of 'other
factors" include amendments to state or regional gasoline taxes, reauthoriztion of County Sales
Tax transportation program, identification of supplemental funding sources for Strategic
Expenditure Plan projects, etc. Fee increases beyond inflationary and construction costs
adjustments shall be approved unanimously by all seven jurisdictions.
7. Each jurisdiction may retain 20 percent of the TVTDF revenues collected within their
jurisdiction for expenditure on projects included under Section 1.
8. That each TVTC jurisdiction shall levy the TVTDF on all Tri-Valley development not
legally precluded from the fee.
Page 2 RESOLUTION NO. 97AM
ID, l
9. That each TVTC jurisdiction shall levy the TVTDF on all Tri-Valley development with
current development agreements/entitlements which include language requiring that a regional
transportation fee be paid when enacted.
10. That the TVTDF shall be applied to all significant changes to existing development
agreements or other entitlements approved after January 1, 1998. The TVTDF shall be applied
to all components of a project which are subject to the amended or renewed development
agreement/development entitlement. Significant changes are defined as follows:
a. Change in Land Use Type (e.g., Office to Retail)
b. Intensification of Land Use Type (e.g., increases in square footage of approved
Office)
C. Expiration of Term of Development Agreement(s)
d. Reduction or Removal of Project Mitigation requirements/Conditions of Approval
Other, "non-significant" amendments to development agreements (e.g., Architectural
changes or changes to site plans with no net traffic increases shall not be subject to the
TVTDF.
11. That these Principles of Agreement for the TVTDF shall take effect upon their adoption
by the seven member jurisdictions of the Tri-Valley Transportation Council.
Contact: Steven Goetz, CDD (335-1240)
Orig: Community Development Department
aw\misc\97xx2.res
November 6, 1997
I hereby certify that the foregoing 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: November 4 1997
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
®ristineampler, Deputy 61,rk
Page 3 RESOLUTION NO. 9TA16
17, it
- The Board of Supervisors Contra �rk�t�
and
County Administration BuildingCOSta ��yAdmit�tor
651 Pine Street, Room 106
Martinez,California 94553-1293 County
Jim Rogers,1 at District s e L
"yle B.Uilkems,2nd District
Donna Gerber,3rd District _
Mark DeSaulnier,4th District
Joe Canclamilla,5th District
ST'9 COVR'W
Mr. Hermann Welm, Chair November 4, 1997
Tri Valley Transportation Council
c/o City of Pleasanton
P.O. Box 520
200 Old Bernal Avenue
Pleasanton, CA 94556
Dear Chairman Welm:
The Contra Costa County Board of Supervisors has reviewed the Principles of Agreement Resolution for the Tri
Valley Transportation Development Fee (TVTDF)Program. The final language in the resolution adequately
responds to the primary concerns of the Board of Supervisors. The Board has authorized me to transmit the
approved resolution to the Tri Valley Transportation Council (TVTC). Please be aware that the Board's
approval is subject to the resolution's acceptance by all seven TVTC jurisdictions.
The only outstanding concern of the Board involves the transit projects included on the TVTDF projects list. As
you know,the Subdivision Map Act prohibits County fee revenues from being used for transit projects. It is our
understanding that this issue can be resolved during preparation of the Strategic Expenditure Plan, which can
contain provisions to ensure that County fee revenues have not been allocated to transit projects. The Board of
Supervisors is not proposing that the fee amount be reduced or that transit projects be removed. The County
would propose that the County's fee obligations for transit projects be spread among the non-transit projects that
are listed in the resolution.
The Board of Supervisors would like to convey its congratulations to the TVTC for reaching a consensus on
these principles of agreement We look forward to working with the participating jurisdictions in completing the
final actions to implement the TVTDF Program in a timely manner.
Sincerely yours,
Aw
Mark DeSaulnier, Chair
Board of Supervisors
encl: Resolution