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HomeMy WebLinkAbout042-2011RESOLUTION NO. 42-2011 AUTHORIZING THE DANVILLE REPRESENTATIVE TO THE TRI- VALLEY TRANSPORTATION COUNCIL (TVTC) TO APPROVE AN INCREASE TO THE TRI- VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE SCHEDULE, AND ADOPTING THE 2011 STRATEGIC EXPENDITURE PLAN (SEP) UPDATE PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Association of Bay Governments (ABAG) projects an additional 157,000 new residents, 58,000 new households and 121,000 new jobs in the geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley by the year 2020; and WHEREAS, unless the traffic impact of the additional residents, households and jobs is timely and adequately mitigated, the quality of life for the existing residents of the Cities and Counties within the Tri- Valley area will be adversely affected; and WHEREAS, the Town of Danville entered into a Joint Exercise of Powers Agreement with the Counties of Alameda and Contra Costa, the Cities of Dublin, Livermore, Pleasanton, and the Town of Danville (JEPA) in 1998, with two subsequent amendments in 2003 and 2009, to collect Tri - Valley Transportation Development (TVTD) Fees on developments within their respective jurisdictions requiring a Land Use Entitlement to fund off -site infrastructure necessary to mitigate the effects of the ABAG projected growth; and WHEREAS, the Tri- Valley Transportation Council (TVTC) identified and prioritized a list of Projects necessary to provide for the mitigation of the ABAG growth projections; and WHEREAS, TVTC commissioned a study entitled Tri - Valley Transportation Council Nexus Study (Study) to determine what fees should be collected for each land use to generate sufficient revenue to fund the unfunded cost of the selected Projects; and A -2a Route 84 Expressway I -580 to I -680 A -2b Isabel Route 84/I -580 Interchange A -3 I -680 Auxiliary Lanes A -5a I -580 HOV Lane Eastbound . A-5b I -580 HOV Lane Westbound A -7 I- 580 /Foothill /San Ramon Road Interchange A -9a Crow Canyon Road Improvements Phase 1 A -9b Crow Canyon Road Improvements Phase 2 A -10a Vasco Road safety Improvements Phase 1 A -10b Vasco Road Safety Improvements Phase 2 A -11 Express Bus/ Bus Rapid Transit Projects from Exhibit Table 4.2, Exhibit B of the Tri- Valley Transportation Council Nexus Study: B -1 I -580/I -680 Interchange (westbound to southbound) B -2 Fifth Eastbound Lane on I -580 from Santa Rita to Vasco Road B -3 I- 580 /First Street Interchange modification B -4 I-580/Vasco Road Interchange modification B -5 I- 580 /Greenville Road Interchange modification B -6 Jack London Boulevard extension B -7 El Charro Road extension B -8 Camino Tassajara widening: East Blackhawk Drive to County line B -10 I -680 SB HOV lane Gap Closure, North Main to Livorna B -11 I -680 Express Bus /HOV On/ Off Ramps B -11b I -680 Transit Corridor Improvements; and WHEREAS, TVTC, by Resolution Nos. 2008 -05 and 2011 -01, directed each of the signatories of the JEPA to collect the following development fees, which are less than those determined by the Study to be necessary for the designated Fiscal Years and land uses, which fees are less than those determined by the Study to be necessary to fund the unfunded cost of the projects in List A as 1St priority and List B as 2nd priority; and WHEREAS, the proposed 2011 Strategic Expenditure Plan includes a 10 -year funding plan that reflects a January 1, 2012, increase in TVTD Fees to 25% of the maximum allowable as defined by the 2008 Nexus study, and an increase to 35% of the maximum allowable on January 1, 2013, as a means of funding portions of the List A and List B projects; and WHEREAS, the TVTC acknowledges the need for the creation of additional housing in the Tri - Valley affordable to very low, low, and moderate income households as defined respectively in the State of California Health and Safety Codes Sections 50105, 5007.5, and 50093 or as amended; and WHEREAS, the State of California Housing and Community Development (HCD) encourages affordable housing to remain deed restricted for 45 years for single family residences and 55 years or longer for multi - family projects and by affordability covenants recorded on the property; and WHEREAS, TVTC waives the TVTD fee for 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 45 years (single family) and 55 (multi - family) and based on the percentage of affordable housing units to the total number of units in the project; and WHEREAS, the Joint Exercise of Powers Agreement specifies that the Fee amounts are to PAGE 2 OF RESOLUTION NO. 42-2011 be adjusted automatically on an annual basis to reflect changes in regional construction costs. The amount of the adjustment is based on the changes in the "Construction Cost Index" (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR); and WHEREAS, the subject application is considered "Not a Project" pursuant to Section 15378 (Project) of the California Environmental Quality Act of 1970, as amended; and is therefore exempt from further environmental analysis; now, therefore, be it RESOLVED, that the Danville Town Council authorizes the Danville representative to the Tri- Valley Transportation Council to approve an increase to the Tri- Valley Transportation Development (TVTD) Fee Schedule, as requested by TVTC, and will collect these fees from any development that would be granted a Land Use Entitlement for each of the designated land uses as indicated, and finds that said Fee Schedule is determined by the Study to be necessary to generate sufficient revenue to fund portions of the unfunded cost of the listed Projects: FY 2010/2011 through December 31, 2011 Fee Schedule (Existing/ No Change) PAGE 3 OF RESOLUTION NO. 42-2011 Fee Per Unit Single Family Homes $2,170 Du* Multi- Family Homes $1,380 Du* Office $3,890 1,000sf Retail $1,450 1,000sf Industrial $2,640 1,000sf Other $2,170 PHT ** Affordable Housing $0 Du* Calendar Year 2012 (beginning 1./1/2012) Fee Per Unit Single Family Homes $3,053 Du* Multi - Family Homes $2,104 Du* Office $5,191 1,000sf Retail * ** $3,400 1,000sf Industrial $3,020 1,000sf Other $3,053 PHT ** Affordable Housing $0 Du* Calendar Year 2013 (beginning 1/112013) Fee Per Unit Single Family Homes $4,275 Du* Multi - Family Homes $2,945 Du* Office $7,270 1,000sf Retail * ** $3,400 1,000sf Industrial $4,230 1,000sf Other $4,275 PHT ** Affordable Housing $0 Du* PAGE 3 OF RESOLUTION NO. 42-2011 *Du = Dwelling Unit; * *PHT = Peak Hour Trip; ** *Retail is set at 15% of maximum for FY2011/12 to FY 2029/30; and, be it FURTHER RESOLVED, that the Danville Town Council adopts the 2011 Strategic Expenditure Plan Update pursuant to the requirements of the TVTC Joint Exercise Powers Agreement. APPROVED by the Danville Town Council at a regular meeting on May 3, 2011, by the following vote: AYES: Stepper, Andersen, Arnerich, Doyle, Storer NOES: None ABSTAINED: None ABSENT: None MA ATTEST: CITY CLERK PAGE 4 OF RESOLUTION NO. 42-2011