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RESOLUTION NO. 107-2009
AUTHORIZING EXECUTION OF ADDENDUM II TO THE TRI-V ALLEY
TRANSPORTATION COUNCIL JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO TRI-V ALLEY TRANSPORTATION DEVELOPMENT PROGRAM
FOR TRAFFIC MITIGATION
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 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 Town of Danville has entered into a Joint Exercise Powers of Agreement
(JlJEPA") 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 transportation 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 transportation projects which are now referred to as "List
A" projects which now have an unfunded balance of $369 million (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 improvement projects
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 "housekeeping" 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 in the method in which the "Other" fee category is calculated in
the TVTD Fee Schedule so that it is consistent with the original intent that
fees collected be 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, the TVTC held a public hearing on July 20, 2009, to review and adopt
Addendum II to Tri-Valley Joint Exercise of Powers Agreement and requests that each
member agency approve Addendum II; now therefore be it
RESOLVED, that the Danville Town Council approve execution of the following
amendments to the JEP A:
JEP A Section
Fee Deferral
Existing
Collection of fees due
rior to ermit issuance
Subject to TVTDF
$815 per average
a.m. / .m. eak hour tri
Exempt
$2,181 per average
a.m.j .m. eak hour tri
. 0.5% of fees used for
Treasurer costs
. 0.5% of fees used for
staffin costs
Administration Costs
(Section 14)
1 % of fees received used
for Treasurer costs
PAGE 2 OF RESOLUTION 107-2009
APPROVED by the Danville Town Council at a regular meeting on October 6, 2009, by the
following vote:
AYES: Arnerich, Doyle, Andersen, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR
W130~~_
CITY ATTORNEY
'"
PAGE 3 OF RESOLUTION 107-2009