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Resolution No. 22-1300 <br />Page 2 of 5 <br />Boulevard, C-11 D Iron Horse Trail, C-11 E Iron Horse Trail to Shadow Cliffs Connection, C-11 F <br />Iron Horse Trail Connection Improvements at Santa Rita Road, C -11G Iron Horse Trail <br />Bicycle/Pedestrian Overcrossing-Town of Danville, C -11H Iron Horse Trail System -Wide <br />Improvements, C-12 1-680 Interchange Improvements at Hacienda Drive, C-13 Fallon/EI Charro <br />Interchange, C-14 Valley Link Rail (Phase 1), C-15 Technology Enhancements, C-16 1-680 <br />Express Bus Service; and <br />WHEREAS, the TVTC Technical Advisory Committee and Consultant reviewed forecasts <br />of new development in the Tri -Valley, and outlined the status, scope, costs, and anticipated <br />funding for the Projects; and <br />WHEREAS, on August 16, 2021, the TVTC adopted the Tri -Valley Transportation Council <br />2020 Nexus Study, pursuant to Resolution 2021-10; and <br />WHEREAS, since adopting the 2020 Nexus Study in August 2021, Assembly Bill (AB) 602 <br />was approved by the Governor of California and includes additional requirements for nexus fee <br />studies adopted after January 1, 2022; and <br />WHEREAS, while the 2020 Nexus Fee Study was not required to incorporate AB 602 <br />given its adoption date, TVTC retained Kimley-Hom and Associates, Inc. to complete an AB 602 <br />supplemental analysis to (1) outline the future implications of AB 602 and (2) to proactively define <br />the methodologies of future Nexus Fee Study updates such that they will be compliant with AB <br />602; and <br />WHEREAS, on April 18, 2022 by Resolution No. 2022-07 the TVTC adopted and <br />recommended, by a vote of all 7 members, the new MDF rates shown in Table 4 below, which <br />are effective July 1, 2022 ("2022 MDF rates") as follows: <br />Table 4 FY 2022/2023 Rate Adjustment <br />Single Family (DU) <br />$5.057 <br />15% <br />$6.596.40 <br />$1.539.40 <br />30.4% <br />Mufti -Family (DU) <br />$3,484 <br />15% <br />$3,889.20 <br />$405.20 <br />11.6% <br />Retail (SF) <br />$3.74 <br />6% <br />$5.07 <br />$1.33 <br />35.6% <br />Office (SF) <br />$8.59 <br />15% <br />$8.81 <br />$0.22 <br />2.5% <br />Industrial (SF) <br />$5.00 <br />15% <br />$4.97 <br />-$0.03 <br />-0.6% <br />Other (avg AM/PM trips) <br />$5,620 <br />12% <br />$6,100.68 <br />$480.68 <br />8.6% <br />DU = Dwelling Units; SF = Square Feet <br />WHEREAS, the Mitigation Fee Act (California Government Code § 66001(a)) requires <br />jurisdictions to make certain statutory findings prior to any action establishing, increasing, or <br />imposing a fee as a condition of approval of a development project and TVTC made such findings <br />as part of its adoption of the 2022 MDF rates; and <br />WHEREAS, the recommended fee rate is 15% of the Maximum Fee Rate for the duration <br />of the SEP for all uses except retail and "other" land uses, which are recommended to be set at <br />6% and 12% of the Maximum Fee Rates respectively; and <br />