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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-427 • Centra 10: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 11, 1998 SUBJECT: TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PROGRAM (CP#98-61) RESOLUTION NO. 981427 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT: a. The Joint Exercise of Powers Agreement (JEPA) pertaining to the Tri- Valley Transportation Development (TVTD) Fees for Traffic Mitigation (Exhibit A); b. The proposed Regular Ordinance establishing the Tri-Valley - Transportation Development Fee Area (Exhibit B); C. The proposed Urgency Ordinance establishing the Tri-Valley Transportation Fee Area (Exhibit C); d. The Development Program Report for the Tri-Valley Transportation Development Fee Program (Exhibit D); and e. The Pledge to Continue the Collection of the TVTD Fee Pursuant to the Tri-Valley Transportation Development Fee Joint Exercise Powers Agreement (Exhibit E). CONTINUED ON ATTACHMENT: ,X YES SIGNATUREt-«rS RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON St 11, 1998 APPROVED AS RECOMMENDED i ._OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE x UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Daniel J. Pulon, AICP (9251335-1241) ATTESTED August 1111998 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF Sharrell Michelotti, TVTC Chair THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Martin Lysons, (PWD) 0 BY vvi� ' dp , DEPUTY cAwp611tvtcltvtafee.b0s TRI-VALLEY TRANSPORTATION Dr--'ELOPMENT FEE PROGRAM August 11, 1998 Page 2,, 2. OPEN the public hearing on an ordinance establishing the Tri-Valley Transportation Development Fee Area. 3. CLOSE the public hearing and consider the following actions: a. ADOPT and APPROVE the Development Program Report pertaining to the Tri-Valley Transportation Development Fee Program (attached as Exhibit "D"); b. DETERMINE that the project is not subject to the California Environmental Quality Act pursuant to Article 5, Section 15061(b)(1) CEQA guidelines; C. Enact Regular Ordinance No. 98 - 35 (attached as Exhibit "B"), which adopts the Tri- Valley Transportation Development Fee Area, waive reading and set date for adoption on August 11, 1998; d. Enact Urgency Ordinance No. 98- 36 (attached as Exhibit"C"), which sets an adoption date of August 11, 1998 for an urgency measure as an interim authorization for the collection of development fees within the Tri-Valley Development Fee Area needed to protect the public health, safety, and welfare; e. APPROVE and AUTHORIZE 1.) execution of the Joint Exercise of Powers Agreement pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation with Tri-Valley Transportation Council jurisdictions establishing terms and conditions for remitting fee revenue to OCTA for development and construction of the transportation facilities described in the Joint Exercise of Powers Agreement (attached as Exhibit "A"); and 2.) execution of the Pledge to Continue Collection of the MD Fee pursuant to the TVTD Joint Exercise Powers Agreement (Exhibit "E"); f. INCORPORATE in this resolution by reference the boundaries, costs, and method of fee apportionment set forth in the attached Development Program Report and attached ordinance; g. DETERMINE that a majority protest does not exist; h. DIRECT the Public Works Director and Auditor Controller to establish a trust fund for the Tri-Valley Transportation Development Fee Area and that the Treasurer shall invest said fee revenue with interest to accrue in the trust fund; I. DIRECT the Treasurer to establish a mechanism to transfer fee revenue from the trust fund to the Tri-Valley Transportation Council (TVTC) following execution of the Joint Powers of Agreement between the County and the other TVTC jurisdictions; j. DIRECT the Director of Community Development to file Notice of Exemption with the County Clerk; k. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption; FISCAL IMPACT No impact to the County's General Fund. Formation of the Tri-Valley Transportation Development Fee Area will generate funds to be used solely for the transportation projects, as described in the Development Program Report. TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE,PROGRAM August 11, 1998 Page 3 BACKGROUND/REASONS FOR RECOMMENDATIONS The Tri-Valley Transportation Council (TVTC), comprising seven (7) elected city and county representatives in the Tri-Valley area of Contra Costa and Alameda Counties, have been engaged in transportation planning efforts, over the last several years. The Board of Supervisors approved the TVTC Action Plan/Transportation Plan, which the TVTC adopted in July 1995. This document identified eleven (11) transportation projects needed to accommodated year 2010 projected growth in the Tri-Valley area. These transportation projects were the basis of the TVTC Nexus Study for a development impact fee in the Tri-Valley Area. The Board of Supervisors has previously accepted the Nexus Study, on file with the Clerk of the Board, to serve as the basis for a future Tri-Valley Transportation Development Fee should the TVTC decide to have a development impact fee program in the Tri-Valley area. On October 29, 1997, the TVTC agreed to transmit to each TVTC jurisdiction a resolution of Principles of Agreement for Adoption of the Tri-Valley Transportation Development Fee. Upon unanimous approval from the TVTC jurisdictions, this document would become the framework for a Joint Exercise Powers of Agreement to enact a development impact fee program in the Tri-Valley Area. The Board of Supervisors approved the Resolution ( No. 97\616, not attached), November 4, 1997. The TVTC, having received unanimous approval from the TVTC jurisdictions for the Resolution, developed the Joint Exercise Powers of Agreement(JEPA, Exhibit"A")to create a Tri- Valley Transportation Development Fee. The TVTC, at its April 22, 1998 meeting, agreed to distribute the JEPA to the TVTC jurisdictions for approval, with a September 1, 1998 effective date to begin collecting development fees. PROPOSED COUNTY ORDINANCE The attached Regular Draft Ordinance, marked as Exhibit "B," and the Urgency Draft Ordinance, marked as Exhibit"C," have been prepared with the assistance of County Counsel to conform to both state law and adopted County policy for establishing a fee program for a designated Area of Benefit There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the Tri-Valley area has caused significant congestion, delay and economic loss to the entire region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety, and welfare. Residential, commercial and other construction activity is increasing in the Tri-Valley area and is expected to continue growing in the near future. The corresponding increase in traffic throughout the region will further reduce the quality of travel throughout the entire Tri-Valley area. Failure to adopt the interim fees at this time will result in loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The resultant inability to finance construction of necessary transportation improvements within the Tri-Valley area would be detrimental to the public health, safety and welfare. This ordinance shall become effective immediately after passage, and shall be operative for 30 days, after which time it will be extended for another 30 days with the passage of another Urgency Ordinance. The Subdivision Map Act is the statute enabling the Board of Supervisors to impose fees to mitigate impacts of new development on the transportation system. Since the Subdivision Map Act limits these impact fees to bridges and major thoroughfares, with the exclusion of transit projects, the JEPA stipulates that the County will not fund transit projects with collected TVTD Fees. FEE SCHEDULE With the JEPA approval and the enactment of Ordinance No. 98- (Exhibit "B"), the County would be empowered to collect development impact fees when building permits are issued for developments located in the Tri-Valley unincorporated area based on the following Fee Schedule: TRI-VALLEY TRANSPORTATION DEVELOPMENT FEERROGRAM August 11, 1998 Page 4 LAND USE CATEGORIES DF PER UNIT Single Family Residential $1,515 Dwelling Unit Multi-Family Residential $1,060 Dwelling Unit Retail $1.01 Sq. Ft. Office $1.01 Sq. Ft. Industrial. $0.76 Sq. Ft. Other Uses $1,515 Average AM/PM Peak Hour Trip* *(TVTD 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 the TVTD Fee will be adopted by the TVTC.) TRANSPORTATION PROJECTS The TVTD Fees will pay for a portion of some or all of the following eleven (11) projects, though it is acknowledged that the fee will not fund the project list in its entirety: i 1-580-680 Interchange Improvements, • Improvements to SR 84 between 1-580 and 1-680, i 1-680 Auxiliary Lanes between Bollinger Canyon Road and Diablo Road, i West Dublin/Pleasanton BART Station, i 1-580 HOV Lanes between Santa Rita Road and Greenville Road, i 1-680 HOV Lanes between SR 84 and Sunol Grade, i 1-580/Foothill Road Interchange Improvements, 1-680/Alcosta Boulevard Interchange Improvements, • Crow Canyon Road Safety Improvements west of Ballinger Canyon Road, i Vasco Road Safety Improvements north of 1-580, and f Express Bus Service in the Tri-Valley The JEPA stipulates that the TVTD Fee will fund the 1580/680 Flyover Project as the first transportation project from the above list. The sponsor of this project is the Alameda County Transportation Authority (ALTA). ACTA will be using a combination of Alameda County Measure B and TVTD Fees to fund the construction of the Flyover project. The TVTC intends, under JEPA provisions, to use TVTD Fees to fund the project's local match requirement of $5.5 million. In the event there is a shortage of TVTD Fees to fund the 1580/680 in accordance to ACTA's cash flow needs, ALTA will obtain project funding of the local match based on individual agreements with TVTC jurisdictions as stipulated in the JEPA. Development Program Report: A Development Program Report, has been prepared by the Community Development Department and Public Works Department in accordance with the Board of Supervisors" Policy on Bridge Crossings and Major Thoroughfares (adopted July 17, 1976), which outlines the concept, methodology, and procedure for implementing the TVTD Fee. See the attachment marked as Exhibit "D": Development Program Report. KEY ISSUES/NEXT STEPS: City Attorneys and County Counsels of the TVTC jurisdictions have reviewed the JEPA and many concerns were addressed during TVTC meetings. On May 27, 1998, the Tri Valley Transportation Committee adopted amendments to the proposed Joint Exercise of Powers Agreement (JEPA), allowing parties to "opt out" of the Agreement once the 1-580/1-680 Interchange project is funded. These amendments changed the nature of the Agreement, creating the potential to terminate the TVTD fee program after funding only the first project. TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE-PROGRAM -August 11, 1998 Page 5 For this reason, the proposed "opt out" language has been a source of concern for Contra Costa County. The Nexus Study, upon which this JEPA is founded, is based on eleven proposed projects and on all seven jurisdictions participating. If the parties to this JEPA withdraw from the Agreement after the first project is funded, then the nexus for the fee established in Nexus Study may damaged, potentially leaving the fee vulnerable to a legal challenge. To allay these concerns, Contra Costa County staff composed a separate "pledge" (attached as Exhibit "E") to continue their participation in the TVTD Fee program after the first project is funded. Contra Costa County conditioned their participation in the TVTD JEPA on having six jurisdictions sign on to that pledge. If only one party withdraws from the TVTD Fee program pursuant to the "opt out" language, then the remaining parties, bound by the pledge could continue collecting the fee with the program relatively intact. County Counsel staff will be available to review in more detail the above issue as described. Southern Contra Costa Regional Fee The Southern Contra Costa Regional Fee (SCC), which is currently being charged to developments within Contra Costa County, City of San Ramon, and Town of Danville partially funds two of the TVTC projects in Contra Costa County: 1680 Auxiliary Lanes, and 1- 680/Alcosta Boulevard Ramps. The three parties of the SCC will meet to discuss adjusting the SCC JEPA to incorporate the TVTD Fee to avoid charging developers more for these projects than is proportional to their impacts. By the terms of the SCC JEPA (adopted by the Board of Supervisors in August 1996), all three jurisdictions must agree to any change in the SCC Regional Fee. Public Notice: Government Code Section 66484 and Division 913, Title 9 of the Contra Costa Ordinance Code provide for assessing and collecting fees for development and construction of bridges and/or major thoroughfares within a designated area of benefit and as a condition of issuing a building permit. The Community Development and Public Works Departments have completed a Development Program Report for the TVTD Fee Area , which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government Code Sections 54986, 65091, 66016, and 66484. CONSEQUENCES OF NEGATIVE ACTION NONE. Failure to form the TVTD Fee Area would result in leaving the SCC Fee intact to fund the following regional projects in southern Contra Costa County: 1680 Auxiliary Lanes, and the 1680/Alcosta Boulevard Ramps.