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HomeMy WebLinkAbout042-09 ~ RESOLUTION NO. 42-2009 APPROVING AMENDMENTS TO THE TRI-V ALLEY TRANSPORTATION COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZING THE DANVILLE REPRESENTATIVE TO ENDORSE SAID AMMENDMENTS AT THE TRI-V ALLEY TRANSPORTATION COUNCIL PUBLIC HEARING WHEREAS, the Town of Danville 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 indentified 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 Town of Danville has entered into a Joint Exercise Powers of Agreement ("JEP A") in 1998 with other Tri- Valley jurisdictions to implement a Tri- Valley Transportation Development Fee (TVTDF) 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 TVTDF collected have been used to help complete several of these 11 high priority projects which are now referred to as "List A" projects which now have an unfunded balance of $369 million (2008$); 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 JEP A required to implement the fee increase; and WHEREAS, 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, TVTC agreed to adopt minor non-controversial and "house keeping" related amendments to the JEP A in advance of adopting an updated SEP, which include: a. Incorporation of a reference to the new state legislation that allows local jurisdictions to defer the collection of fees until Building Occupancy; b. Adoption of an affordable housing exemption; c. Correction on the method in which the "Other" fee category is calculated to be consistent with its original intent to be collected at the rate equivalent to the "Single Family" category; and d. Amendment of the administrative fee language to provide a mechanism to fund administrative services. WHEREAS, an amendment of the JEP A requires unanimous support of all seven member jurisdictions, and the grant of authorization for each member agency's representative to endorse the JEP A 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 Danville Town Council: 1. Approve the following amendments to the JEPA: JEP A Section Fee Deferral (Section 5.b) Administration Costs (Section 14) Existing Collection of fees due rior to ermit issuance Subject to TVTDF $815 per average a.m.j .m. eak hour tri Exempt $2,254 per average a.m. / .m. eak hour tri . 0.5% of fees used for Treasurer costs . 0.5 % of fees used for staffin costs 1 % of fees received used for Treasurer costs 2. Authorize the Danville representative to endorse the amendments outlined in this resolution at an upcoming Tri-Valley Transportation Council public hearing. PAGE 2 OF RESOLUTION 42-2009 APPROVED by the Danville Town Council at a regular meeting on May 5, 2009, by the following vote: AYES: Arnerich, Doyle, Andersen, Shimansky, Stepper NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: ~13~ CITY ATTORNEY )-- ATTEST: PAGE 3 OF RESOLUTION 42-2009