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THE CITY OF N CITY COUNCIL AGENDA REPORT pL£ September 1, 2009 Community Development Traffic Engineering Division TITLE: ADOPT RESOLUTION APPROVING ADDENDUM TO THE TRI- VALLEY TRANSPORTATION COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND IMPLEMENT CHANGE IN TVTC FEE SUMMARY The City of Pleasanton is working with the other members of the Tri- Valley Transportation Council (TVTC) to update its regional traffic fee. In addition, the TVTC has identified a number of amendments to the Joint Exercise of Powers Agreement (JEPA) that are non controversial, beneficial to the fee structure and clarify a number of matters in the JEPA. At the Council's June 16 meeting, it approved a number of these proposed amendments including an affordable housing exemption based on the number of years a development will be affordable, changes to the calculation of the "other" category fee and the administration language to allow the fee to be used for administrative staffing and a new provision to allow the deferral of the fee from "building permit" to "building occupancy." At the TVTC's July 2009 meeting, it became apparent that the proposed amendment related to affordable housing was inconsistent with a number of agencies' affordable housing guidelines and as a result, the TVTC approved a change that links the affordable housing fee exemption to a development meeting an agency's affordable housing guidelines. As a result, for Pleasanton, a development would be eligible for a fee exemption if it meets Pleasanton's affordable housing guidelines as determined by the City. RECOMMENDATION Adopt the attached resolution approving amendments that were adopted at the TVTC JEPA and implement the changes to the TVTC Fee structure. FINANCIAL STATEMENT There will be some minor changes to the amount of TVTC fees collected. The increase to the "other" category will slightly increase funds received, while the "affordable housing" exemption will slightly reduce fees collected.