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BACKGROUND The Tri- Valley area consists of several communities in southern Contra Costa County and eastern Alameda County that experience many inter related transportation problems. In 1995, the Tri Valley Transportation Council (TVTC) adopted the "Tri Valley Transportation Plan /Action Plan" for Routes of Regional Significance to address some of the more congested elements of the Tri Valley transportation network. The 1995 Action Plan listed 11 transportation projects as "high priority" for the region. In 1998, the TVTC jurisdictions of San Ramon, Dublin, Livermore, Pleasanton, Danville and the Counties of Alameda and Contra Costa, entered into a Joint Exercise of Powers Agreement (JEPA) to create the Tri Valley Transportation Development Fees (TVTDF) as a mechanism to partially fund the $763 million cost of these 11 high priority projects. Since its inception, the revenues collected have been used to help complete several of these high priority projects. However, the majority of these projects remain under- funded due to escalating construction costs and insufficient matching funds from state and federal governments. The remaining original 11 projects, which are now referred to as "List A" projects, currently have an estimated unfunded balance of $369 million. In recognition of these significant funding shortfalls, the TVTC authorized an update to 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 over the last decade, referred to as "List B" projects. See Attachment 1 for a detailed description of the List A and List B projects. The new "List B" projects currently have an estimated unfunded balance of $1.1 billion. Projects on both lists are termed collectively the "TVTC Projects" and have a total estimated unfunded amount of $1.4 billion. DISCUSSION In 2008, the TVTC proposed a phased fee increase to address the funding shortfalls for priority transportation projects in the Tri Valley. Fee increases necessitate an amendment to the JEPA, an action which requires a unanimous vote of the TVTC and adoption by each of the seven member jurisdictions. The City of Pleasanton voted to defer implementation of the fee adjustment until such time as an updated Strategic Expenditure Plan (SEP) can be developed that provides assurance that List A projects have priority over List B projects. As a result, the TVTC has since elected to defer adoption of a revised fee program until such time that a SEP is completed, but voted unanimously to support the non- controversial amendments and "housekeeping" updates to the JEPA. These changes are listed below and went into effect January 1, 2010: a. Affordable Housing Exemption: Provides a TVTD Fee exemption for all very low, low, and moderate income affordable housing units. Page 2 of 5