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HomeMy WebLinkAboutAgenda Report - January 4, 2006 E-10 PHAGENDA ITEM E` rO isCITY OF LODI COUNCIL COMMUNICATION M AGENDATITLE: Re -Set Public Hearing for February 1,2006 to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTIF) and Authorize City Managerto Execute Fee Program Operating Agreement MEETING DATE: January 4,2006 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council re -set a public hearing originally scheduled for January 4, 2006 to February 1, 2006 to consider a resolution adopting the San Joaquin County Regional Transportation Fee (RTIF) and authorize the City Manager to execute the fee program operating agreement. BACKGROUND INFORMATION: Note that the City Council on December 21,2005, set this item for a public hearing on January 4, 2006. However, staff did not allow enough time to meet the statutory mailing requirement (14 days minimum)which requires that all the background material be mailed to interested parties with the hearing date. The next regular scheduled meeting that meets this requirement is February 1,2006. The San Joaquin Council of Governments (COG), with the participation of our City Council representative and staff, has studied and adopted a newfee program to help payfor regional transportation improvements. Such a program was encouraged as part of Measure K -the %-cent transportation sales tax in this County. (A local transportation fee is required as part of Measure K.) The COG has asked San Joaquin County and each City to adopt this program (see letter, Exhibit A). A presentation on this subject was made to the City Council at its meeting of November 16,2005, by City and COG staff. A model ordinance provided by COG was adapted to the City's Municipal Code and introduced at the December 21, 2005 meeting and is scheduled to be adopted at the January 4,2006 meeting. The actual fee is adopted by resolution following adoption of the ordinance. In addition, the Council will be asked to authorize execution of an operating agreement between the City and COG regarding administration of the fee program. The RTIF Program consists of: • Technical Reportdated October 27, 2005 (the "Nexus Study") - ExhibitB -This report provides the technical documentation and analysis supporting the fee program and the maximum fee. • Operating Agreement - Exhibit C -This agreement details the proceduresfor setting, collecting and administering the fees and will be considered following the public hearing in February 2006. ■ City Ordinance (Attached)- This ordinance is based on the model ordinance provided by COG and providesthe legal basisfor implementingthe fee program. • Resolution (Attached) -This resolution actually sets the fees and will be considered at the public hearing. The new fees will become effective 60 days after adoption of the resolution. APPROVED: Blair Kind; ity Manager J \WeesIRTIRGPHAdoptingFee doc 12/29/2005 Set Public Hearing for January 18, 2006 to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTIF) and Authorize City Manager to Execute Fee Program Operating Agreement January 4, 2006 Page 2 Some of the highlights of the Program are: A. The proposed fees are: o $2,500 per single-family dwelling o $1,500 per multi -family dwelling unit o $1.00 per retail building square foot o $1.25 per office building square foot o $0.75 per industrial building square foot B. The fee is automatically adjusted each July 1 by the change in the Engineering News Record Construction Cost Index. C. The fees are to be solely used for projects listed in the technical report. D. 10%of the funds collected by Cities are provided to San Joaquin Countyfor RTIF projects located within the unincorporated area. E. 10% of the funds collected by each agency are provided to the COG for State Highway projects on the RTIF list. F. 5% of the funds collected by each agency are provided to the COG for transit improvements on the RTIF list. G. 75% of the funds collected by each City (85% County) may be retained by the agency for RTIF projects at their discretion or provided to COG for an RTIF project. A city could agree to transfer a higher amount to the agencies described in D, E, and F for specific projects. H. Up to 2% of the first million dollars retained by each agency may be used for administrative costs (plus up to 1% of amounts over one million). I. RTIF funds are to be kept in a separate fund and inter -fund borrowing is specifically prohibited, except within the RTIF program. J. Semi-annual and annual reporting to COG is required. K. Except for the annual index adjustment, there is a 5 -year "freeze" on the fees and the program, with 5 - year updates following. L. Provisions for fee credits or reimbursements to developers for RTIF projects built by development projects are included, similar to the City's fee program. M . The City will need to evaluate its own transportation fee to eliminate any double -counting of projects/funding between the RTIF and the City fee. A review of the City's fee program is underway. In keeping with the intent of Measure K and recognizing the growing need for transportation funding, City staff is supportive of the RTIF. However, staff does not recommend adding a separate component for the City's Public Art Fund. Public art is becoming a more common element in major transportation projects. Individual project sponsors would work with COG on any art component as part of the project scope and budget. FISCAL IMPACT: Additional transportation funding actually available to Lodi will depend on development activity. The City's 2005 fee for transportation projects is $12,969 per low-density residential acre or approximately $2,600 per single-family unit. Clearly, the RTIF would be a significant increase in available funding. FUNDING AVAILABLE: Not applicable. IMIZ 111 —4 d �r Rir_hand rima_ Jr. Public Works Director RCP/pmf Attachments cc: Wally Sandelin. City Engineer SJCOG—AndyChesley Pennino &Associates J: 11MFees1RTIFICP HAdoptingFee.doc 12/27/2005 Exhibit A SAN JOAQUIN COUNCIL OF GOVERNMENTS �!' .� :.. -'•1�� 555 E. Meter Avenue • Stockton, Cakfornirr 95202 209.468.3913 • 209.468.1084 (fax) rva,wsjcog. org It is at the discretion of each jurisdiction to adopt the RTIF program by ordinance or by resolution. Whatever approach the City of Lodi plans to pursue, SJCOG staff will be available to assist in any way possible. Please direct any questions regarding the RTIF program documents to Michael Swearingen, SJCOG Senior Regional Planner at (209) 468-3913. Thank you for your immediate attention to the delivery the RTIF Program to the City Council for their review and consideration. Sincerely, e V ANDREW T. CHESLEY Interim Executive Director cc Council Member, Larry D. Hansen November 1, 2005 Gary L. H,vkrvr CI1AIR Mr. Blair King, City Manager John Harris City of Lodi "'" `.""" 221 W. Pine Street Anerrru. C e;h.,, I\FF. R IM hX1:Cl-PIYF. Lodi, CA 95240 UIItEC [OR Dear Mr. King: Ah,mbo 11goici u `" II., " I On October 27, 2005, the Board of Directors of the San Joaquin Council of Governments -ATHROV. (SJCOG) unanimously adopted the Regional Transportation Impact Fee (RTIF) program. LODI. Enclosed for the City of Lodi's review are the RTIF Technical Report, Ordinance, and Operating MANTECA, RIPON, Agreement. In addition, a Draft Resolution designed to be used by each participating agency to .il-OCKrON, establish the San Joaquin County RTIF Program Fees is enclosed for your review. TRACY. A\D THE CUI.TY OF The consulting firm of Pennino & Associates has been secured by SJCOG to coordinate the JAN JOAQUIN presentation of the RTIF program with all jurisdictions. It is SJCOG's goal to present the RTIF program to all jurisdictions during the months of November and December. Within the next week, you will be contacted to arrange for the RTIF program to be scheduled for action by the Lodi City Council. It is at the discretion of each jurisdiction to adopt the RTIF program by ordinance or by resolution. Whatever approach the City of Lodi plans to pursue, SJCOG staff will be available to assist in any way possible. Please direct any questions regarding the RTIF program documents to Michael Swearingen, SJCOG Senior Regional Planner at (209) 468-3913. Thank you for your immediate attention to the delivery the RTIF Program to the City Council for their review and consideration. Sincerely, e V ANDREW T. CHESLEY Interim Executive Director cc Council Member, Larry D. Hansen u- REGIONALTRANSPORTATION IMPACT FEE Lodi Stockton Technpal Report Lathrop Eticalon Pipoll TrLicy I �F October 27, 2005 Economic & Planning Systems Real FsUle Ecat conics Reooml Ecommia Pt"ic i'invw Land Use Policy FINAL REPORT SAN JOAQUIN REGIONAL TRANSPORTATION IMPACT FEE Prepared for: San Joaquin Council of Governments Prepared by: Economic &Planning Systems, Inc. and Fehr & Peers Associates Inc. October 2005 EPS #15040 BERKELEYSACRAMENTO DENVER 2501 Ninth St., Suite 200 Phone: 510-841-9190 Phone: 916-649-8010 Phone: 303-623-3557 Berkeley, CA 94710-2515 Fax: 510-841-9208 Fax: 916-649-2070 Far: 303-623-9049 www epsys.com TABLE OF CONTENTS I. INTRODUCTION AND RESULTS................................................................................... 1 Purpose of Proposed Fees and Technical Report ................................................... I Summary of Maximum and Proposed Fees........................................................... 2 Implementation and Legal Considerations............................................................ 2 SurplusFunds........................................................................................................... 4 Securing Supplemental Funding............................................................................. 4 Il. RTIF GRo WTI PROJECTIONS..................................................................................... 6 TimeHorizon............................................................................................................ 6 GrowthProjections................................................................................................... 7 Dwelling Unit Equivalents....................................................................................... 7 III. RTIF CAPITAL PROIECISAND COSTS....................................................................... 11 RTIF Project Inclusion Criteria.............................................................................. 11 Changes to RTIF Master Project List..................................................................... 13 Allocation of Eligible RTIF Costs........................................................................... 14 IV. RTIF MODEL AND FEE CALCULATION..................................................................... 19 Transportation Model............................................................................................. 19 ExistingDeficiencies............................................................................................... 19 TrafficContribution................................................................................................ 19 Public Transit Contribution................................................................................... 20 MaximumFee Calculation..................................................................................... 20 LIST OF TABLES AND FIGURES Table 1: Regional Transportation Impact Fee Amount ................................................. 3 Table 2 Projected Development by Land Use............................................................... 8 Table 3 Dwelling Unit Equivalent Calculation Factors ................................................ 9 Table 4 Total Dwelling Unit Equivalent Growth........................................................ 10 Table 5: RTIF Capital Projects........................................................................................ 15 Table 6 RTIF Trip Distribution and Net Project Costs ................................................ 22 Table 7 RTIF Fee Calculation........................................................................................ 25 Figure 1: Regional Transportation Network.................................................................. 12 1. INTRODUCTION AND RESULTS This Technical Report is designed to provide participating jurisdictions in San Joaquin Region with the necessary technical documentation and nexus analysis supporting the adoption cf a Regional Transportation Impact Fee (RTIF) Ordinance. It has been prepared by Economic &Planning Systems, Inc. (EPS) and Fehr & Peers Associates Inc., with input and guidance from the San Joaquin Council of Governments (SJCOG). The RTIF program described in this Report is based on current growth projections and infrastructure requirements and is consistent with the most recent relevant case law and the principles of AB 1600 or Government Code Section 66000 et seq ("Fees for Development Projects"; except where specific citations are provided, this statute will be referred to in this Report as AB 1600). Following this introductory chapter, Chapter II discusses the land use growth projections used in this analysis and Chapter III describes the RTIF capital costs. Chapter IV describes the modeling techniques used to establish nexus for the RTIF program and the resulting RTIF program fee calculationby land use category. PURPOSE OF PROPOSED FEES AND TECHNICAL REPORT The RTIF program described in this Report will provide funding for regional transportation improvements required to serve new development and to ensure that existing service levels can be maintained. To the extent that required improvements serve both new and existing development, or travel through the San Joaquin Region, only the portion that is attributable to new development inside the region is included in the RTIF program. It is expected that the RTIF program funding will be augmented by other revenue sources to meet overall funding requirements, particularly Measure K funding and State and Federal Grants. This Report also provides a schedule of fees to be established by the RTIF Ordinance and/or Resolution. This Report and the technical information it contains should be maintained and reviewed periodically by the SJCOGand participating jurisdictions as necessary to ensure its accuracy and to enable the adequate programming of funding sources. To the extent that improvement requirements, costs, or development potential changes over time, the RTIF program will need to be updated. The proposed RTIF program fee, if approved, will need to be enabled through adoption by participating jurisdictions of a new Ordinance or Resolution. The enabling Ordinance would allow the jurisdiction to adopt, by Resolution, a fee schedule consistent with supporting technical analysis and findings. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. PA 15000s% 1504ORT[Fk Report % nesusstdyflx dI02405.d= Draft 2� Technical tri San Joaquin Regional Transportation Impact Fee October24, 2005 SUMMARY OF MAXIMUM AND PROPOSED FEES A summary of the maximum fees calculated in this RTTF Technical Report by land use category are provided in Table 1 and summarized below. Because of insufficient data on office growth projection, office category is included as part of the commercial/industrial category. • $2,512per single-family unit • $1,542 per multifamily unit $4.65 per retail square foot $2.13per commercial/industrial square foot The fees shown above represent the maximum fee that can be charged based on the nexus findings described in this Report. These fees are calculated to generate sufficient revenue to cover the RTIF capital facility costs associated with new development in the County. Participating jurisdictions may as a matter of policy deade to charge a fee below the maximum fee for any or all of the land uses. However, the revenue shortfall to the RTIF program that would result from reducing the fees must be made up by other non-RTIF revenue sources. Specifically, the fee levels for certain land uses cannot be raised to cover revenue shortfalls that result from lowering the fees on other land uses. SJCOG in conjunction with participating agencies have proposed to charge a fee below the maximum amount legally allowed based on the nexus calculations presented above. A comparison between the maximum RTIF fee and the proposed RTTF fee is presented in Table 1 of this report. The fee reduction is based on key stakeholders (i.e., developers, elected officials, city/county offiaals) goal to mitigate the impact new growth has on the regional transportation system as well as continue to foster economic development, job creation, and sales tax generation. The proposed fees represent a consensus reached by the region's leaders based on the analysis of economic drivers pertinent to the San Joaquin region. IMPLEMENTATION AND LEGAL CONSIDERATIONS MI M111:\ r N WTAI WIN AB 1600 (at Gov. C. §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following: P: 115000s115o4oR77F\FgWf 1 nexusstdyfind1024Q4.doc Table 1 Regional Transportation Impact Fee Amount San Joaquin RTIF Nexus Study; EPS#15040 Maximum Proposed Category RTIF Fee RTIF Fee Total Fee Revenue $410,230,388 $374,620,076 Fee Per Single -Family Unit $2,512 $2,500 Fee Per Multi -Family Unit $1,542 $1,500 Fee Per Retail Sqfl. $4.65 $1.00 Fee Per Commerciafllndustrial Sqfl. C 1 Office $2.13 $1.25 Industrial $2.13 $0.75 (1) The maximum RTIF fee calculation combines office and industrial land use categories due to insufficientdata to separate the two categories. Economic 6Planning Systems. Inc. 1012412005 3 P.115000s115040RT7FlMOd&WUEC8ie 102405 Draft Technical Report San Joaquin Regional Transportation Impact Fee October 24,2005 • A description of the type of fee in the account. • The amount of the fee. • The beginning and ending balance cf the fund. • The amount of fees collected and interest earned. • Identification cf the improvements constructed. • The total cost of the improvements constructed. • The fees expended to construct the improvement. • The percent of total costs funded by the fee. If sufficient fees have been collected to fund the construction of an improvement, the agency must specify the approximate date for construction cf that improvement. Because cf the dynamic nature of growth and infrastructure requirements, participating jurisdictions and the SJCOG should monitor development activity, the need for infrastructure improvements, and the adequacy cf the fee revenues and other available funding. Formal annual review cf the CFF program should occur, at which time adjustments should be made. Costs associatedwith this monitoring and updating effort can be included in the RTIF program. SURPLUS FUND S AB 1600 also requires that if any portion cf a fee remains unexpended or uncommitted in an account for five years or more after deposit of the fee, the City Council shall make findings once each year: (1)to identify the purpose to which the fee is to be put, (2) to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, (3) to identify all sources and amounts cf funding anticipated to complete financing of incomplete improvements, and (4) to designate the approximate dates on which the funding identified in (3) is expected to be deposited into the appropriate fund (§66001(d)). If adequate funding has been collected for a certain improvement, an approximate date must be specified as to when construction on the improvement will begin. If the findings show no need for the unspent funds, or if the conditions discussed above are not met, and the administrative costs cf the refund do not exceed the refund itself, the local agency that has collected the funds must refund them (Gov. C §66001(e)(f)). SECURING SUPPLEMENTAL FUNDING The RTIF program identifies $561 million in capital projects that can be funded in full or in part by impact fee revenue. However, the RTIF revenue generated is itself not sufficient or appropriate for funding the full amount of the RTIF capital projects identified in this Technical Report. For example, out of the $561 million in RTIF capital projects, approximately $128 million can be attributable to trips that originate or end outside the San Joaquin Region. The new facility costs attributable to these "external trips" cannot be covered by impact fee revenue. In addition, the SJCOGBoard may 4 P:115000s115040RT1FlReport\nexasstdyfirW102405.d" Draft Technical Report San Joaquin Regional Transportation Impact Fee October 24, 2005 approve fee levels that are lower than the maximum amount allowed based on the nexus analysis, further reducing the revenue available to the RTIF program. Thus, to fully implement the RTIF program, the SJCOGwill have to obtain funding and pay for improvements not covered by impact fee revenue. Examples of such sources include Measure K funds; CAL,TRANS funding; and other local, State and federal sources. Ultimately, funding for the entire cost of the IUIF program must be identified and allocated during the life of the RTIF program. 5 PA150DOsV5D4ORTIFXReportlnexusstdyjnafIO29l5.doc 11. RTIF GROWTH PROJECTIONS The MW program fee is a one-time fee levied on new development at a rate proportional to its demand for transportation capital improvements. Thus, a forecast of new development in the San Joaquin Region is required to calculate the fee. This Chapter documents the land use growth assumptions used to calculate the RTIF program fee. Specifically, it describes the amount of residential, retail, and commercial/industrial land use development expected to occur in San Joaquin Region through the year 2030. These estimates are used for the following primary purposes in the fee calculation: Estimates cf existing and future development are used to evaluate future traffic levels and determine the need for transportation improvements in the San Joaquin Region. • Estimates of future development are used to allocate the costs of required transportation improvements and ultimately to calculate a fee per unit oF new growth. The following sections describe the development projections and the key assumptions underlying them. TIME HORIZON The time horizon for an impact fee program is important because it determines the type and amount of transportation improvements that will be included in the fee program as well as the level of growth these improvements will serve. A longer time horizon will result in more transportation improvements being included in the RTIF program fee because of the added traffic demands from the increasedpopulation and jobs that will occur by that future date. A shorter time horizon typically reduces the number of improvements in the RTIF program fee because it includes only those improvements needed to accommodate a lower level of population and employment growth. There are two ways that the time interval can be set in an impact fee analysis. One approach is to consider all improvements needed through the "build out" of a community's General Plan. Another approach is to establish a future date, typically before "build out" occurs, which is consistent with forecast data or improvement cycles. Both techniques are used in impact fee technical reports. This Technical Report is based on a time horizon that ends in the year 2030. This corresponds to the timeframe used in the Regional Transportation Plan (RTP) which specifies the priority transportation projects in the San Joaquin Region, as approved by SJCOG. The timeframe also corresponds to the household and employment projections available for use in this Report, as further described below. 6 P:115000s1150408IMRePortlnausstdyftrta1102405.doc Dray Technical Report San Joaquin Regional Transportation Impact Fee October24, 2005 GROWTH PROJECTIONS The regional household and employment projections, provided by SJCOG, form the basis for developing growth forecastsby land use category. Specifically, household growth projections are used to estimate future residential development, whereas employment growth projections are used to estimate future retail and commercial/industrial development. The household and employment projections used in this Report are based on standard methodology developed in the 2030 Regional Transportation Plan, which is adopted throughout the San Joaquin Region. Table 2 summarizes the projection data. For employment projections, approximately 350 square feet per retail employee and 700 square feet for all other employment categories are assumed to estimate the comrnercial/industrial development. In addition, an average vacancy rate of 7percent for retail and commercial/industrial space is also assumed. The allocationof employment into retail and commercial/industrial land use categories is based on the historical employment proportions reported in data approved by the SJCOG. DWELLING UNIT EQUIVALENTS This analysis relies on Dwelling Unit Equivalent (DUE) factors to compare and evaluate future development across land use categories. Specifically, DUE factors compare residential, retail, and commercial/industrial land uses to one another based on their vehicle trip generation rates in order to develop a common metric for analysis. The factors used to convert residential, commercial/industrial, and retail growth into DUES are shown in Table 3, and are based on standard assumptions regarding trip generation and trip diversion! The DUE factors are then used to calculate total DUE growth by land use, as shown in Table 4. I Assumptions based on data from the I nstitute of Transportation Engineers (PTE) Trip Generation Model (6"Edition) and the San Diego Council ofGovernlnents (SANDAG) Brief Guide to Vehicular Traffic Generation Rates, July 1998. 7 P:115000s115040RTIFIRgnrtlnerussldyfirud1024Mdoc Table 2 Projected Development by Land Use San Joaquin RTIF Study; EPS #11212 Year Total Avg. Annual Category 2005 2030 Growth Growth Single Family Residential (Units) 165,334 287,943 122,609 2% Multy-Family Residential (Units) Retail Employment Square Feet (1) Commerciallindustrial Employment Square Feet (2) 80,122 111,990 31,868 1.3% 47,347 59,311 11,964 0.90/0 15,411,449 19,305,731 3,894,282 0.90/0 247.161 272,355 25,194 0.4% 160,901,811 177,303,105 16,401,294 0.4% (1) Assumes 350 SF per Retail employee, and a 7.0% vacancy rate. (2) Assumes 700 S F per Commercial/ Industrial employee, and a 7.0% vacancy rate Economic 6 Pfanning Systems. Inc. 10124/2005 8 P.115000A1504OR77FV40do DUECBk 402405 Table 3 Dwelling Unit Equivalent Calculation Factors San Joaquin RTIF Nexus Study; EPS#15040 Category Unit Pk Hour Trip Rate (1) % New Trips (2) DUE Single Family Residential DU 1.01 100% 1.00 Multi Family Residential DU 0.62 100% 0.61 Retail KSF 3.74 50% 1.85 Commercial Office KSF 1.49 65% 0.96 industrial KSF 0.88 85% D -7A Office/industrial Avg. 0.85 (1) Peak hour trip rate based on ITE Trip Generation Manual, 8th Edition. (2) Percent new trips based on SANDAG Brief Guide of Vehicular Traffic Generation Rates Economic 6 Planning Systems. Inc. 1012412005 9 RAIW0W5040R IRWd&ADUECAI -102405 Table 4 Total Dwelling Unit Equivalent Growth San Joaquin RTIF Nexus Study; EPS #15040 DUE Growth Unit Type (2005- 2030) Single Family Residential 122,609 Multi -Family Residential 19,563 Retail Square Feet 7,210 Commercial/Industrial Square Feet 13.937 Grand Total 163,319 Economic 6Planning Systan3.inc. 7012412005 10 P115000s1i5040RTIFlModaADUECafc 702405 III. RTIF CAPITAL PROJECTS AND COSTS This chapter documents the transportation improvements included in the RTIF capital project list and their corresponding costs. The RTIF Master Project List was selected based on the inclusion criteria described herein and refined based on funding need. The eligible RTIF capital project list includes all the projects that are assumed to be funded, in full or in part, by RTIF revenue. RIV PROJECT INCLUSION CRITERIA The road and transit projects proposed for funding by the RTIF are included in an initial RTIF Master Project List. The RTIF project list is composed of improvements that fall on the "RTIF Network", a unified system of roadways, transit linkages, and other transportation facilities that confer benefits upon development throughout the County. This network is illustrated in Figure 1. The RTIF Network was developed and defined as part of the RTIP planning and policy formulation process? While an initial RTIF Master Project List has been established as part of this Technical Report, it is recognized that the list of transportation projects may need to be amended over time as circumstances change. As a result, during the RTJF planning process a number of screening criteria were considered and evaluated as a method for selecting the type of projects that would possibly be funded by RTIF revenue. These screening criteria are designed to distinguish projects where the nexus with new development throughout the San Joaquin Region is strong. It is the adherence to the screening criteria that assures that the required "nexus" findings and other requirements of Government Code Section 66000 et seq. are respected. In order to be included in the RTIF Master Project List, Highway Widening, Interchange and Local Roadway Improvement projects must meet all of the following criteria: A. All projects must be part of the RTIF Network; B. All projects must be scheduled for delivery within the time horizon of the nexus analysis; and3 C. All projects, except interchange improvements, must involve a capacity improvement of one or more through travel or passing lanes, or auxiliary lanes (i.e., turn lanes). 2 The RTIF Network is based on the CongestionManagement Program (CMP) network ofmajor facilities of regional significance and supplementedwith additional major arterials that serve inter -community -travel, in San Joaquin County. 3 All RTIF highway widening, interchange, regional roadway, and public transit projects must be identified in the SJCOG Board adopted 1RPIE' project list and Regional Transportation Plan (RTP) prior to delivery. The cuxrent time horizon for the RTP is 2005 - 2030. 11 F:N15Ms1]sii40RrrF\Xeport\rurusstdyfi?W1oz40-doe 12 Draft Technical Report San Joaquin Regional Transportation Impact Fee October24, 2005 In order to be included in the RTIF Master Project List, all Public Transit projects must satisfy the following criteria: 4 A. All projects must be scheduled for delivery within the time horizon of the nexus analysis; and B. All projects must involve an improvement to an existing or new service/facility which connects at least two or more cities or regions. The RTIF nexus fee is based on a combination of highway widening, interchange, and regional roadway projects. The FdU Master Project List is further refined to ensure that appropriate projects receive necessary funding to complete delivery. These projects were selected from the RTIF Master Project List based on the following: A. Currently identified in Tier I of the RTP; B. Regional roadway and interchange projects that are in Tier I of the RTP and/or are Measure K Renewal projects; and, C. All remaining regional roadway projects which fall on the current SJCOC Board adopted Regional Transportation Network. A description of the master and eligible RTIF projects and costs are provided in Table 5. CHANGES TO RTIF MASTER PROJECTLIST As needs and priorities change over time, on a semi-annual basis, a jurisdiction can exchange any one of their RTIF projects from the RTIF Master Project List with one or more of their projects in Tier I of the RTP. This level of flexibility is intended to help jurisdictions adapt to changes in funding availability and transportation priorities. However, the following conditions need to be met to secure an exchange: RTP meets air quality conformity requirements; The projects are categorized in Tier I of the RTP. Tier I RTP projects are priority projects for which funding sources have been identified; and, RTIF nexus requirements are maintained. 4 Examples of regional transit projects include: (a) capital purchase of rolling stock; (b) bus shelters and associated amenities; and, (c) multi -modal stations and associated amenities. 13 PA15000s115040RTIF1Report\nerusstdyfirial]02405.doc Draft Technical Report San Joaquin Regional Transportation Impact Fee October 24, 2005 ALLOCATION OF ELIGIBLE RTIF COSTS RTIF funds represent one source of funding. These funds, combined with other local, state and federal funds ensure the complete delivery oF the RTE transportation project. Based on the multiple funding mechanisms, the following rationale was used to allocate net RTIF costs to fiscally constrain the projects and establish the nexus: A. RTIF Projects currently in Tier I of the RTP- RTIF gross project costs were compared to the costs programmed in the RTP. The cost differentialsbetween the RTIF/Tier I RTP projects were offset with net eligible RTIF costs. B. Regional roadway/interchange projects in Tier 1 of the RTP and/or MK Renewal - These projects have multiple funding mechanisms and will require RTIF funds to ensure delivery. As part of the nexus, 23 percent of the gross project costs were used not to exceed the eligibleRTIF net project costs. C. Remaining regional roadway projects -Nexus fee includes fd1 RTE costs attributable to new development for a I I remaining Regional Roadway Projects which fall on the adopted Regional Transportation Network. The impact of this cost allocation is summarized in Table 5. As shown, there are 120 separate RTIF projects with an estimated total capital cost CC about $5.4billion. Of the total, 48 RTIF projects with a total cost of $561 million were selected for purposes of calculating the fee amount. This amount reflects to proportion of the projects for which funding sources have not yet been identified. The cost estimates are based on the best information available at the time oF this Report. To the extent that this project list and/or the corresponding cost estimates are updated, the maximum fee amount will change accordingly. 14 P: N 1500%% 15MRTMRIvyll nerusstdyfrnalI02405.dac Table 5 RTIF Capital Projects San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Mainline Highway Projections 1 SR -99 2 SR -99 3 1-5 4 1-5 5 1-5 6 1-205 7 SR -4 Extenslcn 8 SR -99 Widening 9 SR -99 10 SR -99 11 SR -99 Widening 12 1-6 13 SR -99 Widening 14 SR -4 Crosstown Widening 15 SR -26 Widening �-+ 18 SR -4 Widening 17 SR 99 @ Crosstown Freeway 18 I-5fSR4 @ Crosstown Freeway 19 1.51SR-120 20 SR -920 21 SR -12 22 SR -99 23 SR -99 24 1-5 25 I-5 Widening 26 SR -12 @ 1-5 27 SR -99 0 S R-88 28 SR -99 @ SR -26 29 SR -26 30 SR -120 West of Escalon 31 SR -120 East of Escalon 32 SR -&8 Total Mainline Highway Projections Project Description RTIF Master Nexus Project Project Costs (2) Costs (3) W nen 4 to 6 lanes us ng insiae median. Arch Road to Crosstownt99 mtercnange $158,000.000 4lanesunderl-5, modify interchange0.3miles northand south of Lathrop Road undercrossi rig Widen 6 to 8 anes (Outside), City of Manteca (Yosemite Ave) to Cityoi Ripen (West Ripon Road) $203,000,000 34 Widen 6 to 8 lanes (Insce) from Monte Dabo Avenue under crossingto Otto Dr ve. Ada aux. PossfDle HOv lane $250,000,000 $40,000,000 W den 6to 8 ares (Insioe), French Camp Road to Charter Way $226,000..000 SR -99 @ SR -12 (Kettleman Lane) Widen 6 to 8 lanes (Ins,de), SR 120 to French Camy, Road $71,000,000 $4,600,000 Waen 6 to 8 lanes (InsaelOutsidts) from 1.580 to 1-5 $268,000,000 Reconstruct interchange New alignment from FresnoAve to Daggeit Road $150.000.000 $19,843,070 Waen 6 to 8 lanes (Ones de), CheroKee Road Io Armstrong Road $100,000,000 $8,900,000 Wden 6 to 8 lanes (Outs ae), Grosstowr to Cherokee Road $194,000,000 SR-99@Austin Road W,den 6 to a lanes (O,.ts de), Arch to Crosstown $86.000.000 $6,900,000 W den 4 to 8 lanes (Outside), French Camp Roaa to Arch Road $100,000,000 Wcccn 6 108 lanes (Insde), Dho Dnve to New Rood A (One mile N. of Eight Mle Road) $25,000,000 Wden 8 to 10 lanes (Outside), Mar,posa Road loCheroRee Road $150,000,000 Wiaen 6 to 8 lanes. 1-5 to SR -99 $75,000,000 Widen 6 Io 8 lanes. SR.99 Io AusUn Road Extens on $30.000.000 W den 6 to 8 lanes. SR -99 to Austin Road Extension $30,000,000 Reconstruct Freeway to FreewayWercnange $30,000,000 Reconstruct Freewayto Freeway I me rcna nge $59.000.000 New aranchcennectors (2 Lane Structures) SR-120West lol-5 North.andl•5 5outn to SR -120 Easl $35,500,000 $6,54D,000 Widen 4 to 6 lanes (Inside) from I.5 to SR -99 $54.000.000 Waen 2 t 4 lanes (Oulside), adatum .anes, from SR99 10 SR -88 $50,500,000 $31,480,000 New capacity' widen 4 l 6 lanes (Inside). from Jct. 12 East to County line. $86,000,000 New capacity — women 4 to 6 anes (Ins de), from north of Hamey to SR -12 East $11,250,004 Wiaen 4 to 6 lanes (Inside), SR -12 to County Line $91.000,000 Widen 8 to t 0 lanes. Roth Road Io Otto Or ve $400,000,000 Loop Ramps $11,250,000 Reconsiruct ntorchange $19,500,000 Reconstruct interchange $19.500.000 New capacity - widen 2 to 4 lanes (Outside), Cardinal (divertingcanal) I o Jack Tone Road $48,000,000 Widen from Jacktone 5lane conventional to Sexton. new south alignmentto McHenry $75,000,000 New South alignment from McHenry I a existing 120@ Harrold, widen lo5lane oonventional to county line $25,000,400 Passing lanes. SR-12toAmador County Line $24,000.000 $3,157,500,000 $57,963,070 Interchange Modifications, Reconstructions, and Improvements 33 1.5@ Lathrop Road 4lanesunderl-5, modify interchange0.3miles northand south of Lathrop Road undercrossi rig $17,200,000 $3,956,000 34 1205@ ParadiselChhsman Construction of new interchange $40,000,000 $20,800,000 35 SR -99 @ SR -12 (Kettleman Lane) Reconstruct inleerchange 520,000,000 $4,600,000 36 SR -99 @ Harney Lane Reconstruct interchange $20,0011,000 37 S R-99 @ North Main Construct new interchange $8,900,000 38 SR-99@Austin Road Reconstruct/Improve Interchange $30,000.000 $6,900,000 Emnomir d Prarming sygems. WQ 1012a200 ptirmaoarr _ro2�o6 Table 5 RTIF Capital Projects San Joaquin RTIF Nexus Study; EPS#15040 RTIF Master Nexus Project ID# Project Project Description Project Costs (2) Costs (3) 39 SR -120@ McKinley ReconstructPmlorcve Interchange $28,200,000 $6,486,000 40 SR -99 @ Olive Rd. Construct Interchangeto include wnnection with River Road $40,000,000 515,760,000 41 SR -99@ Eight Mile Road Reconstructlnterchange(PM 35.1-35,5) $36,120:000 $8,307,600 42 SR -99@ March LaneNVlson New interchange- Construct combined Wilson Way, March Lane Interchange (P.M. 21.1-22.1) $100.000.000 $23,000,000 43 1-5 @Arch Sperry/French Camp Modifyexisting 1-5/French Camp Road Interchange(P•M, 20.8-212) $35,000,000 $8,050,000 44 SR -99 @French Camp Road Reconstruct interchange $35.000.000 45 SR -99 @Arch Sperry Road Phase 2 interchange improvements $15,000.' 000 46 SR -99 @ Armstrong Road Reconstruct interchange $35,000,00 47 1-5 @ New Road (N. Gateway) Construction of new interchange $35,000,000 48 SR -99 @ New Road A (N. Gateway) Construction of new interchange $35,000,000 49 SR -99@ Morada Lane Reconstruct interchange $35,000900 $1,000,000 50 1-5 @ Eight Mile Road Interchange Modification 517.000.000 $3,910,000 51 1-5 @ Otto Drive Construction of new interchange $42,000,000 $9,660,000 52 1-5 @ Hammer Lane Interchange Modification $47,000,000 $10,810,000 53 SR -99@ Mariposa Road Rewnstruct interchange $40,000,000 $9,200,000 54 SR -99 @ New Road Construction of new interchange between French Camp Road and Arch -Spew Road $35,000,000 µ 55 15@ Matthews Road Reconstruct interchange $35,000,000 56 I-5 @ Roth Road Reconstruct interchange $35,000,000 57 SR -132@ 1-5 and Bird Road Upgrade interchange, lengthen ramps. widen approaches. install signal controls $10.000.000 - 58 1-580 @ Lammers Road Construction of new interchange $55.000.000 59 1-580 @ Coral Hollow Road Modification of existing interchange $20.000.000 60 1-205 @ Lammers Road Construction of new interchange $55,000,000 $12,650,000 61 1-20S @ Grantline Road Modificationaf existing interchange $30,000,000 $6,900,000 Total Interchange Modifications, Reconstructions, and Improvements $986,420,000 $151,989,600 Regional Roadway Improvements $20.000.000 $5.000.000 62 Lower Sacramento Road Widen from 2 to 6 lanes. Eight Mile Road to Marada Lane 63 Lower Sacramento Road Widen from 2 to 4 lanes. Armstrong Road to Eight Mile Road $10,000,000 64 Eight Mile Rd. Widen from 2 to 8 lanes, 1-5 to SR -99. Project involves 2 railroadgrade Separations. $50,000,000 $11,500,000 65 PacificAvenue Widen from 6 t 8 lanes, Hammer Lane to March Lane $30,000,000 $6,900,000 66 MarchLane Widen fmm 6 to 8 lanes, Claremontto West Lane 59,262,000 $8,162,000 67 MarchLane Construct8 lane Roadfrom Hol man to SR -99 $25,000,000 $5,000,000 68 West Lane Widen from 4 to 6 lanes. Armstrong Road to Eight Mile Road $10,000,000 $9,780,000 69 West Lane Widen from 4 to 61n.SPRR s/o Alpine -Calaveras River $44,200,(00 $43,669,600 70 West Lane Widen from 6 to 8 lanes, Eight Mile Road to Alpine Avenue $35,000,000 $33,390,000 71 West LanelAlrport Way Widen from 4 to 6lanes. Alpine Avenue to Arch Sperry Road $60,000,000 $55,920,000 72 Airport Way Widen from 2 to 6 lanes. French Camp Roadto Roth Road $15,000,000 $12,435,000 73 Airport Way Widen from 4 to 8 lanes, Arch/Sperry Road to French Camp Road $20,000,000 $15,960,000 74 New Road A Construct4 lanes. 1-5 to SR -99. Project involves 2 railroad grade separations. $25,000,000 75 Thamton Road Widen from 2 to 6lanes, Bear Creek to Hammer Lane $20,000,000 $4,600,000 76 Aksiand Avenue Construct4 lanes, Otto Drive to March Lane $10,000.000 $3,000,000 77 Ryde Avenue Bridge Construct4 lane bridge Over the Calaveras River $5,000,000 78 Mariposa Road Widen from 2 to 8 lanes. SR -99 to Austin Road $30,000,000 EcPno c 6 Planning Systems, Inc. 10!242005 P..AiW aif5N0RT7PAAod*WUECa1c_102405 Table 5 RTIF Capital Projects San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Project Description RT1F Master project costs (2) Nexus Project costs (3) 79 Austin Road Construct 6 lanes. SR -26 to Main Street $10,000,000 80 Austin Road Construct8 lanes, Main Streetto Mariposa Road $60,000,000 61 Austin Road Construct 6 lanes, Mariposa Road to Arch Road $5,000 000 82 Austin Road Construct4 lanes, Arch Roadto French Camp Road $20,000,000 83 Arch -Spew Rd. Construct 2 to 8 lanes, 1-5 to Performance Drive $65,000,000 $14,950,000 84 Arch -Spew Rd. Construct2 Io 8 lanes, Performance Driveto Frontier Way $35,000,000 $22,595,000 85 Arch -Spew Rd. Widen from 2 to 6 lanes, Frontier Way IoAustin Road $10,000,000 $5,690,000 86 French Camp Road Widen from 2 to 6 lanes, SR -99 to Arch -Sperry Road $40.000.000 87 Harney Ln. Widen from 2 to 4 lanes, SR -99 to Lower Sacramento Road (2.6 Miles) $12,250,000 $2,817,500 88 Jack Tone Rd. Widen from 2 to 4 lanes entire length (SR -991 o SR -88) $27,000,000 $6,210,000 89 Liberty Road Widen from 2 to 4 lanes, SR -99 to SR -88 524,974,000 90 Peltier Road Widen from 2 to 4 lanes, SR -99 to 1-6 515,500,000 91 Peltier Road Widen from 2 t 4 lanes, SR -99 to Elliott Road $25,573,000 92 Elliott Road Widen from 2 to 4 lanes, SR -88 to Peltier Road $12,900,000 93 Yosemite Ave Widen from 2 to 4 lanes, City Iimitto North Ripon Rd. 3.05 miles. $4,758,000 94 Mariposa Road Widen from 2 to 4 lanes. Austin Road to Jack Tone Road $17,352,000 ti 95 Mariposa Road Widen from 2 to 4 lanes. Jack Tone Road to Escalon-Belota Road $20,063,000 ~ 96 French Camp Road Widen from 2 t 4 lanes. SR -99 to SR -120 $26,084,000 97 Tracy Boulevard Passing lanesand channelization $21,202,000 98 Howard Road Passing lanes and channelization $23,935,000 99 Airport Way Widen from 4 lo 6 lanes. Lathmp Roadto Rolh Road. $9,293,000 52,137,390 100 Escalon-Beiota Road Widen from 2 to 4 lanes. Mariposa Roadto Escalon City limit $4,009,000 $1,519.411 101 Airportway Widen from 2 to 4 Ianes,Yosemite to SR -120 $1,153,000 $937.389 102 Airportway Widen from 4 to 6 lanes. SR120-Lathrop Road (Manteca) $4,900,000 $4,209,100 103 Lathrop Rd. Widen from 2to 4 Ianesfrom east of UPRRto SR -99 $6,855,000 104 Golden Valley Parkway Parallel facility along north/west side of 1-5 from Lathmp Road to Paradise $59,290,000 $40,910,100 105 Lalhrop Rd. Widen from 2 to 4 lanes, 1-5 to east UPRR $2,560.000 106 Corral Hollow Road Widen from 2 to 4 lanes, Grantline Road to Linne Road $20,000,000 107 Lammers Road Widen firm 2 to 4 Lanes, 1-205 to E-580 $40,000.000 108 Linne Road Widen from 2 to 4 lanes, Corral Hollow Road toChrisman Road $4,289,000 $2,835,029 109 McHenry@ Ulirey Intersection Intersectionlmprovement $800,000 $499.200 110 CampbellAvenue Widenfrom2to4lanes, FromSR120northtoMillerRoadandeastfromMillerRoadtoEscalon-BelotaRoad $2,500,000 $1,257,500 111 Campbell Avenue Widen from 2 to 4 lanes. From Miller Road to Santa Fe Avenue. $2,500,000 112 Brennan Road Widen from 2 to 4 lanes. SR 120south to Jones Road and east from Jones Roadto McHenry Avenue $2,500,000 - 113 Miller Road Widen from 2 to 4 lanes. Escalon-Bellota Avenue to Campbell Avenue $1,123,005 114 South Arterial #1 Widen from 2 to 4 lanes. Brennan Avenue to Harrold Avenue $5,054,790 115 Jones Road Widen from 2 to 4 lanes, Brennan Road to HarroldAvenue $2,000,115 River Road Plus Extension Widen from 2 to 4 Lanes From McHenryAvenue Io SR 120. Includes Parallel Fad lity to SR 99 North to SR 120 $25,000,000 116 with extension of Olive Road south to SJC line. May include roundabout (River Road @ McHenry). 117 West Ripon Road (1) Widen existing road from 2 lo 4 lanes and extend Ripon Road West to 1-5 $.50,000,000 Total Regional Roadway Improvements $1,138,879,910 $321,884,219 Economic 8 Rannvg Syafemma. Inc. IN2412005 P.i95000a1f5"WT PA40doI DUECak-102405 Table 5 RTIF Capital Projects San Joaquin RTIF Nexus Study; EPS #15040 ID# Project Project Description PublicTransit 118 Bus Rapid Transit (BRT) Regionallinter-Regional BRT system 119 Regional Busses Purchase of buses for service expansion (Intercity/Interregional) 120 Altamont Commuter Express (ACE) Acquisition of ACE Corridor between Lathmp and Niles Junction Total PublicTransit TOTAL ALL PROJECTS (1) Project delivery is contingent on the results of a feasibility study and pending analysis of the region's expressway needs. (2) Represent all projects in the RTIF network. All projects are selected based on inclusion Criteria. (3) Represents RTIFprojedsrcasts used In establish nexus. H 00 RTIFMaster Nexus Project Project Costs (2) Costs (3) $100,412,410 $19,931,535 $10,000,000 52,100,000 545,000,000 $6,950,000 $155,412.410 $28,981,535 $5,438,212,320 $560,818,424 Swrwmc 6 Plarmfog Sy lam, Mc. IMN2O05 P.11500thti504ORTlllModeADilECek_f02445 IV. RTIF MODEL AND FEE CALCULATION This chapter describes the modeling techniques used to identify eligible transportation projects and calculate the fee for the = program. The fee is based on the RTIF capital project list costs attributable to new growth within the San Joaquin Region divided by projected development by land use category in the region. TRANSPORTATION MODEL This Technical Report relies on the SJCOGtravel demand model, a regional model used to conduct long-range planning and assess transportation impacts of major development projects in the County. The model has recently been updated, and was used in preparing the 2030 RTP. Therefore, the model is the best tool available for conducting a project such as the RTIF Report. The SJCOGmodel contains land use estimates for the year 2005, and projections for the year 2030. Both the 2005 and 2030 models were used in the RTIF Report. EXISTING DEFICIENCIES As noted in Chapter 111, the RTIF program excludes the proportion of a project cost that are attributable in whole or in part to correct "existing deficiencies" or pre-existing problems in the regional transportation system. Consequently, the transportation model was used to identify existing deficiencies in the RTIF Network. Specifically, the 2005 model was applied, and the Level of Service (LOS) of each facility in the network was assessed. Traffic volume thresholds for LOS calculationpurposes were provided by SJCOG staff. These thresholds were based on the standard highway capacity tables prepared by the Florida Department of Transportation, and have been used in the preparation of the 2030 SJCOGRTP and other regional planning documents. The operational standard for roads in the San Joaquin Region is LOS D. Therefore, all facilities that were estimated to operate at LOS E or F during the AM peak hour in the 2005 model were designated as having existing deficiencies. Any improvements designed to correct the deficiencies in the RTIF Network have been adjusted to exclude the portion that is attributable to existing deficiencies. Because of limitations in the analytical methods available, no existing deficiency analysis was conducted for interchange; rather, it was assumed that these improvements were to be supported entirely by new development. TRAFFIC CONTRIBUTION The total amount of traffic on each facility is broken down into two components: the traffic coming from or going to areas inside the San Joaquin Region (called "Internal Trips") and the traffic coming from or going to areas outside the Region (called 19 R\15000sV5040RTMRtportlnexiusstdyflnW102405.dut Draft Technical Report San Joaquin Regional Transportation Impact Fee October 24, 2005 'External Trips"). These External Trips are not the responsibility of the new development within San Joaquin Region, and thus need to be excluded from the fee calculation. This analysis was done on the basis of trip ends; therefore, the so-calledI-X and X -I trips (tripsthat have one end in the region and one end outside the region) were considered to be one-half attributable to Internal Trips, and one-half attributable to External Trips. The difference in total traffic volume on each project between 2005 and 2030 was calculated, and became the denominator of the traffic contribution ratio. The difference in volume associated with each of the categories described above was also calculated, and these became the numerators of the calculation. For example, if total traffic on a particular facility increased by 1,000 vehicles between 2005 and 2030, and if the traffic attributable to the San Joaquin Region area increased by 200 vehicles, then the percent contribution to that facility within the region would be 200/1,000 or 20 percent. The remaining 80 percent of the growth in traffic would be similarly calculated from the External Trips. The trip distribution between inside and outside of the San Joaquin Region for all the RTIF projects is shown in Table 6. The values in Internal and External Trips should sum to 1.0, or 100 percent, for each RTIF project. With the External Trips screened out, Table 7 also shows the net RTIF project costs by multiplying the Internal Trips factors by the total project costs. PUBLIC TRANSIT CONTRIBUTION The total share of the public transit costs is determined by new development within the San Joaquin Region. Specifically, the total public transit share is calculated by multiplying the incremental DUE growth as a percent of the total DUE in 2030. Between 2005 and 2030, the DUE in the San Joaquin Region is estimated to increase by 163,319, as illustrated in Table 4. The new growth would contribute approximately 30 percent of the total DUE in 2030. As shown in Table 6, $8.7 million of the public transit costs is supported by the F= program. MAXIMUM FEE CALCULATION The maximum fee calculation is based on the net RTIF capital project costs attributable to the Internal Trips throughout the region divided by the projected number of new housing units, retail and commercial/industrial square feet developed in the County through year 2030. Specifically, the net RTIF capital project cost is divided by the total DUE growth, as calculated in Table 4, to obtain total cost per DUE for the San Joaquin Region as a whole. 20 P:115000s1I5040RTIF1Report lnexusstdyfrnat102".dne Draft TechnicalReport San Joaquin Regional Transportation Impact Fee October 24, 2005 A summary of the RTIF per DUE by project and for the San Joaquin Region as a whole is provided in Table 7. The actual fees by land use category are derived based on the DUE factors shown in Table 3 (total fee per DUE multiplied by the DUE factor by land use category). 21 P: U5000s1I5040RTIF%ReportlnexusstdyfrnatI024W.doc Table 6 RTIF Trip Distribution and Net Project Costs San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Trip Distribution Net Nexus Internal Trips External Trips Project Costs Mainline Highway Projections 1 SR -99 48.3% 51.7% 2 SR -99 31.3% 68.7% 3 15 54.1% 45.9% 4 1-5 59.9% 40.1% 5 15 61.3% 38.7% 6 1-205 46.4% 53.6% 7 SR -4 Extension 43.5% 56.5% 8 SR -99 Widening 54.1% 45.9% 9 SR -99 57.8% 42.2% 10 SR -99 48.3% 51.7% 11 SR -99 Widening 42.6% 57.4% 12 15 47.2% 52.8% 13 SR -99 Widening 54.8% 45.2% 14 SR -4 Crosstown Widening 60.0% 40.0% 15 SR -26 Widening 60.7% 39.3% 16 SR -4 Widening 48.6% 51.4% 17 SR 99 @ Crosstown Freeway 62.5% 37.5% 18 1-515R 4 @ Crosstown Freeway 65.5% 34.5% 19 1-51SR-120 33.2% 66.8% 20 SR -120 29.1% 70.9% 21 SR -12 78.7% 21.3% 22 SR -99 41.3% 58.7% 23 SR -99 48.0% 52.0% 24 15 45.2% 54.8% 25 15Widening 58.1% 41.9% 26 SR -12 @ 15 46.1% 53.9% 27 SR -99@ SR -88 65.8% 34.2% 28 SR -99 @ SR -26 69.1% 30.9% 29 SR -26 57.0% 43.0% 30 SR -120 West of Escalon 30.6% 69.4% 31 SR -120 East of Escalon 26.7% 73.3% 32 SR -88 45.5% 54.5% $7,708,140 $2,204,480 $24,774,760 Interchange Modifications, Reconstructions, and Improvements 33 15 @ Lathrop Road 70.5% 29.5% $2,788,980 34 1-205@ Paradise/Chrisman 62.3% 37.7% $12,958,400 35 SR -99 @ SR -12 (Kettleman Lane) 86.0% 14.0% $3,956,000 36 SR -99 @ Harney Lane 86.9% 13.1% 37 SR -99 @ North Main 82.5% 17.5% 38 SR -99 @Austin Road 67.7% 32.3% $4,671,300 39 SR -120 @ McKinley 77.5% 22.5% $5,026,650 40 SR -99@ Olive Rd. 40.2% 59.8% $6,335,520 41 SR -99 @ Eight Mile Road 64.2% 35.8% $5,333,479 42 SR -99 @ March Lane/Wilson 73.0% 27.0% $16,790,000 43 15 @ Arch Sperry/French Camp 56.8% 43.2% $4,572,400 44 SR -99 @ French Camp Road 48.7% 51.3% 45 SR -99 @ Arch Sperry Road 57.5% 42.5% Economic 6Planning Systems, Inc. 1012412005 22 P;1i5000A15040R7iAModeADUECatc-102405 Table 6 RTIF Trip Distribution and Net Project Costs San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Trip Distribution Net Nexus Internal Trips External Trips Project Costs 46 SR -99 @ Armstrong Road 89.2% 10.8% 47 1-5 @ New Road A (N. Gateway) 97.6% 2.4% 48 SR -99 @ New Road A (N. Gateway) 71.5% 28.5% 49 SR -99 @ Marada Lane 65.4% 34.6% 50 15@ Eight Mile Road 67.2% 32.8% 51 1-5@ Otto Drive 65.9% 34.1% 52 1-5@ Hammer Lane 91.1% 8.9% 53 SR -99 @ Mariposa Road 59.3% 40.7% 54 SR -99 @ New Road 60.8% 39.2% 55 15 @ Matthews Road 72.5% 27.5% 56 1-6@ Roth Road 70.2% 29.8% 57 SR -132 @ 15 and Bird Road 44.7% 55.3% 58 1-580 @ Lammers Road 50.5% 49.5% 59 1-580 @ Coral Hollow Road 36.5% 63.5% 60 1-205 @ Lammers Road 58.5% 41.5% 61 1-205@ Grantline Road 70.8% 29.2% Regional Roadway Improvements 62 Lower Sacramento Road 83.2% 16.8% 63 Lower Sacramento Road 93.8% 6.2% 64 Eight Mile Rd. 69.5% 30.5% 65 PacificAvenue 95.2% 4.8% 66 March Lane 93.2% 6.8% 67 March Lane 85.0% 15.0% 68 West Lane 96.1% 3.9% 69 West Lane 98.8% 1.2% 70 West Lane 94.9% 5.1% 71 West Lane/Airport Way 93.4% 6.6% 72 Airport Way 85.0% 15.0% 73 Airport Way 79.3% 20.7% 74 New Road A 67.9% 32.1% 75 Thomton Road 77.8% 22.2% 76 Aksland Avenue 87.0% 13.0% 77 Ryde Avenue Bridge 96.4% 3.6% 78 Mariposa Road 57.3% 42.7% 79 Austin Road 53.7% 46.3% 80 Austin Road 68.6% 31.4% 81 Austin Road 62.4% 37.6% 82 Austin Road 65.0% 35.0% 83 Arch -Spew Rd. 61.4% 38.6% 84 Arch -Spew Rd. 63.3% 36.7% 85 Arch -Sperry Rd. 64.0% 36.0% 86 French Camp Road 45.7% 54.3% 87 Harney Ln. 89.9% 10.1% 88 Jack Tone Rd. 55.3% 44.7% 89 Liberty Road 17.5% 82.5% 90 Peltier Road 39.2% 60.8% 91 Peltier Road 38.8% 61.2% $654,000 $2,627,520 $6,365,940 $9,847,910 $5,455,600 $7,400,250 $4,885,200 $4.160,000 $7,992,500 $6,568,800 $7,606,984 $4,250,000 $9,398,580 $43,145,565 $31,687,110 $52,229,280 $10,569,750 $12,656,280 $3,578,800 $2,610,000 $9,179,300 $14,302,635 $3,641,600 $2,532,933 $3,434,130 Economic 6 Planning Systems, fnc. 1012412005 23 P115000 l5040RTIFiMode&DUECa1c 102405 Table 6 RTIF Trip Distributionand Net Project Costs San J o a q u i n RTIF Nexus Study; EPS #15040 ID# Project Trip Distribution internal Trips External Trips Net Nexus Project Costs 92 Elliott Road 52.2% 47.8% 93 Yosemite Ave 29.3% 70.7% 94 Mariposa Road 53.4% 46.6% 95 Mariposa Road 49.6% 50.4% 96 French Camp Road 52.1% 47.9% 97 Tracy Boulevard 47.0% 53.0% 98 Howard Road 55.5% 44.5% 99 Airport Way 80.6% 19.4% $1,722,736 100 Escalon-Belota Road 37.1% 62.9% $563,701 101 Airport Way 81.5% 18.5% $763,972 102 Airport Way 85.1% 14.9% $3,581,944 103 Lathrop Rd. 66.0% 34.0% 104 Golden Valley Parkway 68.7% 31.3% $28,105,239 105 Lathrop Rd. 69.0% 31.0% 106 Corral Hollow Road 74.1% 25.9% 107 Lammers Road 59.3% 40.7% 108 Linne Road 67.5% 32.5% $1,913,645 109 McHenry @ Ullrey Intersection 62.7% 37.3% $312.998 110 CampbellAvenue 51.7% 48.3% $650.128 111 CampbellAvenue 59.2% 40.8% 112 Brennan Road 37.6% 62.4% 113 Miller Road 50.1% 49.9% 114 South Arterial #1 52.4% 47.6% 115 Jones Road 52.4% 47.6% 116 River Road Plus Extension 14.9% 65.1% 117 West Ripon Road (1) 68.2% 31.8% Public Transit (2) 118 Bus Rapid Transit (BRT) nla n/a $5,993,758 119 Regional Busses n/a nla $631,506 120 Altamont Commuter Express (ACE) n/a nla $2,089,985 Total $410,230,388 (1) Project delivery is contingent on the results of a feasibility study and pending analysis of the region's expressway needs. (2) All public transit costs based on the incremental DUE growth as 30% of the total DUE in 2030. Eoonomk & Planning Systems, Inc. 90124/2005 24 P.AI5000s115040RTlAModeADUECak_102405 Table 7 RTIF Fee Calculation San Joaquin RTIF Nexus Study; EPS #15440 ID# Project Cost Per DUE (1) Mainline Highway Projections 1 SR -99 2 SR -99 3 15 4 15 on 5 15 Camp 6 1-205 ad 7 SR -4 Extension $47.20 8 SR -99 Widening 9 SR -99 10 SR -99 11 SR -99 Widening 12 15 13 SR -99 Widening 14 SR -4 Crosstown Widening 15 SR -26 Widening 16 SR -4 Widening 17 SR 99 @ Crosstown Freeway 18 1-5R 4 @ Crosstown Freeway 19 1-51SR-120 $13.50 20 SR -120 21 SR -12 5151.70 22 SR -99 23 SR -99 24 15 25 15 Widening 26 SR -12@ 15 27 SR -99 @ SR -88 26 SR -99 @ SR -26 29 SR -26 30 SR -120 West of Escalon - 31 SR -120 East of Escalon 32 SR -88 Interchange Modifications, Reconstructions, and Improvements 33 1-5@ Lathrop Road 517.08 34 1-2059 ParadiselChrisman $79.34 35 SR -99 @ SR -12 (Kettleman Lane) $24.22 36 SR -99 @ Harney Lane 37 SR-99INorth Main 38 SR-99Austin Road 39 SR -120@ McKinley 40 SR -99 @ Olive Rd. 41 SR -99 @ Eight Mile Road 42 SR -99 @ March LanelWils 43 15 @Arch SperrylFrench 44 SR -99 @ French Camp Ro 45 SR -99 @Arch Sperry Roa 46 SR -99 @ Armstrong Road Economic 6 Planning Systems, Inc./0/2412045 25 P1i500osXI&WORTIAModoWUECak_1D2405 $28.60 $30.78 538.79 532.66 on $102.81 Camp $28.00 ad d 25 P1i500osXI&WORTIAModoWUECak_1D2405 Table 7 RTIF Fee Calculation San Joaquin RTIF Nexus Study; EPS #15040 ID# Project Cost Per DUE 4C 1 47 15 @ New Road A (N. Gateway) 48 SR -99 @ New Road A (N. Gateway) 49 SR -99 @ Marada Lane $4.00 50 15 @ Eight Mile Road $16.09 51 1-5@ Ctb Drive $38.98 52 15@ Hammer Lane $60.30 53 SR -99 @ Mariposa Road $33.40 54 SR -99 @ New Road 55 1-5@ Matthews Road 56 15 @ Roth Road 57 SR -132@ 15 and Bird Road 58 1-580 @ Lammers Road 59 1-580 @ Coral Hollow Road 60 1-205 @ Lammers Road $45.31 61 1-205 @ Grantline Road $29.91 Regional Roadway Improvements 62 Lower Sacramento Road $25.47 63 Lower Sacramento Road 64 Eight Mile Rd. $48.94 65 PacificAvenue $40.22 66 MarchLane $46.58 67 MarchLane $28.02 68 West Lane $57.55 69 West Lane $264.18 70 West Lane $194.02 71 West Lane/Airport Way $319.80 72 Airport Way $64.72 73 Airport Way $77.49 74 New Road A 75 Thornton Road $21.91 76 Aksland Avenue $15.98 77 Ryde Avenue Bridge 78 Mariposa Road 79 Austin Road 80 Austin Road 81 Austin Road 82 Austin Road 83 Arch -Sperry Rd. $56.20 84 Arch -Sperry Rd. $87.57 85 Arch -Sperry Rd. $22.30 86 French Camp Road 87 Harney Ln. $15.51 88 Jack Tone Rd. $21.03 89 Liberty Road 90 Peltier Road 91 Peltier Road 92 Elliott Road 93 Yosemite Ave Economic & Planning Systems, Inc. 1012412005 26 P.' lWWs415040R7AModeADUECaIc 102405 Table 7 RTIF Fee Calculation San Joaquin RTIF Nexus Study; EPS #15040 ID# Project Cost Per DUE (1) 94 Mariposa Road 95 Mariposa Road 96 French Camp Road 97 Tracy Boulevard 98 Howard Road 99 Airportway $10.55 100 Escalon-Belota Road $3.45 101 Airportway $4.68 102 Airportway $21.93 103 Lathrop Rd. 104 Golden Valley Parkway $172.09 105 Lathrop Rd. 106 Corral Hollow Road 107 Lammers Road 108 Linne Road $11.72 109 McHenry @ Ullrey Intersection $1.92 110 Campbell Avenue $3.98 111 CampbellAvenue 112 Brennan Road 113 Miller Road - 114 South Arterial #1 ' 115 Jones Road 116 River Road Plus Extension 117 West Ripon Road (2) Public Transit 118 Bus Rapid Transit (BRT) $36.70 119 Regional Busses $3.87 120 Altamont Commuter Express (ACE) $12.80 Total $2,511.84 (1) Net RTIF project cost divided by total DUE of 163,319 (2) Project delivery is contingent on the results of a feasibility study and pending analysis of the region's expressway needs. Economic 6Pfanning Systems. Inc. 101242005 27 P.1f5OOMl504OR77AModeADUECaAc 102405 t--mon c j - — REGIONAL TRANSPORTATION IMPACT FEE s Lodi 4 O erat s - ry reement Lath rodjr . PdIal7teCr� f i li w PIpoll Tracy October 27, 2005 SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE PROGRAM OPERATING AGREEMENT THIS REGIONAL TRANSPORTATION IMPACT FEE PROGRAM OPERATING AGREEMENT ("Agreement") dated as of the Effective Date is made by and between the San Joaquin Council of Governments ("SJCOG"), and the following eight public agencies located within San Joaquin County (collectively the "Participating Agencies"), including, the County of San Joaquin ("County"), the City of Escalon ("Escalon"), the City of Manteca ("Manteca"), the City of Lathrop ("Lathrop"), the City of Lodi ("Lodi") the City of Ripon ("Ripon") the City of Stockton ("Stockton"), and the City of Tracy ("Tracy") (the identified cities are hereinafter collectively the "Cities"). RECITALS WHEREAS, SJCOG has the responsibility as the region's designated Metropolitan Planning Organization and through its powers as specified in its joint powers agreement to maintain and improve the Regional Transportation Network, and WHEREAS, the Participating Agencies and SJCOG find that future development within the County of San Joaquin will result in traffic volumes in excess of capacity on a regional system of highways, interchanges, and local roadways; and, WHEREAS, the Participating Agencies and SJCOG find that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the Regional Transportation Network; and, WHEREAS, the Participating Agencies and SJCOG find that existing and future sources of revenue are inadequate to fund substantial portions of the Regional Transportation Network improvements needed to avoid unacceptable levels of congestion and related adverse impacts; and, WHEREAS, SJCOG, following extensive analysis and consultations with the Participating Agencies and other stakeholders, has prepared a Regional Transportation Impact Program Fee Technical Report ("RTIF Technical Report") that establishes a nexus between new development and its impacts (increased travel demand, reductions in service levels, and the need for capital improvements) upon the Regional Transportation Network; and, WHEREAS, the Participating Agencies and SJCOG find and declare that the RTIF Technical Report has determined the extent to which new development of land will generate traffic volumes impacting the Regional Transportation Network and have determined that the Regional Transportation Impact Fee Program ("RTIF Program") establishes a fair and equitable method to fund costs of transportation improvements necessary to accommodate the traffic volumes generated by future development of land within each City and the County; and, 356601-10 October 27, 2005 RTIF Operating Agreement WHEREAS, the Participating Agencies and SJCOG find and declare that the RTIF Program is necessary to help mitigate the impact of new development on the Regional Transportation Network and along with other transportation funding mechanisms, in providing for the construction of improvements to accommodate traffic generated by land development; and, WHEREAS, the Participating Agencies and SJCOG have determined that it is in their best interest to join together to administer the funds provided by the RTIF Program and to authorize SJCOG to manage the RTIF Program for the San Joaquin County region; and, WHEREAS, the Participating Agencies and SJCOG find and declare that in order to serve the purposes described herein, additional funding, other than that received from the RTIF Program is necessary and must be obtained and each party agrees to cooperate in obtaining additional funding; and, WHEREAS, the Participating Agencies and SJCOG find and declare SJCOG prepared, adopted and certified in July 2004 a Final Program Environmental Impact Report (`BIR") for the 2004 Regional Transportation Plan, State Clearing House number 2003082053, and the RTIF Program is hereby adopted in reliance on and consistent with this previously prepared, approved and certified EIR. WHEREAS, the Participating Agencies have adopted or will adopt a Regional Transportation Impact Program Fee ("RTIF Program Fee" or "RTIF Fee") pursuant to their authority to protect the public health, safety, and welfare consistent with the provisions of California Government Code Section 66000 et seq.; and, WHEREAS, the integrity and success of the RTIF Program is dependent upon all Participating Agencies and SJCOG working cooperatively with each other in order to fulfill their obligations faithfully and promptly; and, WHEREAS, funds collected pursuant to the Participating Agencies' ordinances and/or resolutions adopting the RTIF Program are to be held and expended by the Participating Agencies and SJCOG as specified herein. AGREEMENT Now, therefore, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows: SECTION 1. PURPOSE 1.1. The RTIF Program requires management procedures that assure that the objective of the RTIF Program is achieved. Specifically, the RTIF Program objective is to obtain funding from development projects that have an impact upon the Regional Transportation Network and to integrate these funds with federal, State, and other local funding to fund transportation improvements identified in the RTIF Program. While the RTIF Program and the RTIF Program 356601-10 2 October 27, 2005 RTIF Operating Agreement Fee will be imposed and collected by the Participating Agencies, the RTIF Program will be managed for the benefit of the entire County region. 1.2. This Agreement defines the terms of the required management procedures for Participating Agencies and SJCOG including specifications regarding levy and collection, administration, project selection, fund management, appropriation of fee funds, and ongoing technical review and updating. SECTION 2. DEFINITIONS 2.1. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction or reconstruction, but not a permit to operate. 2.2. "Industrial Project" means any Development Project that proposes manufacturing, transportation, logistics or warehousing as identified in the RTIF Land Use Fee Category Summary which is attached as Exhibit "A" hereto and incorporated herein by reference. 2.3. "Measure K" means the San Joaquin County Transportation Authority Local Transportation Improvement Plan: Air Quality, Mandatory Developer Fees and Growth Management Ordinance which establishes and implements a retail transactions and use tax, as may be extended from time to time. 2.4. "Multi -Family Residential Unit" means a Development Project that uses a single parcel for two or more dwelling units within one or more buildings, including duplexes, townhouses, condominiums, and apartments as identified in the RTIF Land Use Fee Category Summary which is attached as Exhibit "A" hereto and incorporated herein by reference. 2.5. "Office Project" means any Development Project that involves business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, personal and laundry services, or similar uses, and religious centers as identified in the RTIF Land Use Fee Category Summary which is attached as Exhibit "A" hereto and incorporated herein by reference. 2.6. "Participating Agencies" means the County of San Joaquin and each of the cities situated in San Joaquin County if such agencies have (1) adopted the RTIF Program Fee by ordinance and/or resolution and (2) entered into this Agreement. 2.7. "Regional Transportation Impact Fee Program" or "RTIF Program" is the regional program established by this Agreement by the Participating Agencies and SJCOG to impose, collect and distribute a RTIF Fee to assist in the funding of transportation improvements to the Regional Transportation Network. 2.8. "Regional Transportation Impact Program Fee" or "RTIF Program Fee" or "RTIF Fee" means the fee established by each Participating Agency consistent with this Agreement to implement the RTIF Program. 356601-10 3 October 27, 2005 RTIF Operating Agreement 2.9. "Regional Transportation Network" means the regional network of highways and arterials as identified in the RTIF Technical Report and which may be amended from time to time by SJCOG. 2.10. "RTIF Capital Projects" or "Capital Projects" or "RTIF Project List" is the RTIF Program improvements and projects as identified in the RTIF Technical Report and which may be amended from time to time by SJCOG's adoption and amendment of a "RTIF Capital Projects Report." 2.11. "RTIF Capital Projects Report" means the report adopted by SJCOG annually which identifies the RTIF Capital Projects as amended from time to time consistent with Section 9 of this Agreement. 2.12. "RTIF Technical Report" means the San Joaquin County Regional Transportation Impact Fee RTIF Technical Report dated XXXXX, and prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. 2.13. "Residential Dwelling Unit" means a building or portion thereof which is designed primarily for residential occupancy by one family including single-family and multi -family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. 2.14. "Retail Project" means any Development Project that retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise at a fixed point of sale as identified in the RTIF Land Use Fee Category Summary which is attached as Exhibit "A" hereto and incorporated herein by reference. 2.15. "Single -Family Residential Unit" means the use of a parcel for only one residential dwelling unit as identified in the RTIF Land Use Fee Category Summary which is attached as Exhibit "A" hereto and incorporated herein by reference. SECTION 3. FEE RATE 3.1. Establishing RTIF Program Fee. Within ninety (90) days of entering into this Agreement, each Participating Agency shall adopt a RTIF Program Fee in an amount equal to the following fees for each identified land use category consistent with the fee schedule adopted by the SJCOG on October 27, 2005. RESIDENTIAL NON — RESIDENTIAL Single Family Multi -Family Retail Office Industrial $2,500.00 $1,500.00 $1.00 $1.25 $0.75 DUE DUE Square Foot Square Foot Square Foot 3.2. Annual Adjustment. The RTIF Program Fee described in section 3.1 above shall be automatically adjusted by each Participating Agency on an annual basis at the beginning of each fiscal year (July 1) based on the Engineering News Record California Construction Cost Index. 356601-10 4 October 27, 2005 RTIF Operating Agreement SECTION 4. COLLECTION OF RTIF PROGRAM FEES 4.1. Payment of RTIF Program Fees. Payment of the RTIF Program Fees shall be as follows: (a). The RTIF Program Fees shall be paid at the time of issuance of a building permit for the Development Project, or as otherwise required or permitted pursuant to Government Code section 66007. (b). The amount of the RTIF Program Fees shall be the fee amounts in effect at the time of payment. (c). RTIF Program Fees shall not be waived. 4.2. Payment by all Development Projects. Except as otherwise expressly provided by this Agreement, the RTIF Program Fee imposed by all Participating Agencies shall be payable by (1) all Development Projects within the jurisdiction of the Participating Agency for which building permits or other entitlements for Development Projects are issued on or after the effective date of the adoption of the RTIF Program Fee by the Participating Agency, and (2) all Development Projects within the Participating Agency for which building permits or other entitlements for Development Projects were issued prior to the effective date of the adoption of the RTIF Program Fee by the Participating Agency and which permits or entitlements were issued subject to a condition requiring the developer to pay a RTIF Program Fee to be imposed upon such Development Project within the jurisdiction of the Participating Agency. 4.3. Exemptions from the RTIF Program Fee. The following Development Projects shall not be subject to the RTIF Program Fee: (a). The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing legal dwelling unit, including an expansion of an existing dwelling unit that does not create an additional dwelling unit. (b). The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the established applicable fee rate for that portion of square footage that is new. (c). Development Projects for which an application for a vesting tentative map authorized by Government Code Section 66498.1 was deemed complete on or prior to the effective date of the adoption of the RTIF Program Fee by the Participating Agency. (d). Development Projects which are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq. prior to the effective date of the adoption of the RTIF Program Fee by the Participating Agency, wherein the imposition of new fees are expressly prohibited by the development agreement, provided, however, that if the term of such a development agreement is extended after the effective date of the adoption of the RTIF Program Fee, the RTIF Program Fee shall be imposed. 4.4. Future Development Agreements. All future development agreements entered into by the Participating Agencies shall require the full payment of the RTIF Program Fee. 356601-10 5 October 27, 2005 RTIF Operating Agreement 4.5. Payments for non-residential projects. For non-residential projects the amount of the fee imposed on the entire Development Project shall be determined based upon (1) the gross floor area and (2) the predominant use of the building or structure as identified in the building permit. 4.6. Payment for mixed use projects. For mixed land use projects, which are projects that have both residential and non-residential uses, the amount of the fee imposed on the entire Development Project shall be proportionally determined based on the following: (a) The fee associated with the type of residence; and, (b) The predominant use of the non-residential portion of the project. 4.7. Previously Paid RTIF Program Fees. In the event that RTIF Program Fees have previously been paid for an existing building which is a new Development Project with a new or different RTIF Fee category, the previously paid RTIF Program Fees for that existing building shall be credited against the amount of the RTIF Program Fee attributable to the new Development Project, up to the amount of the previously paid RTIF Program Fee. A rebate will not be granted if the change in land use represents a lower fee. SECTION 5. DISTRIBUTION OF RTIF PROGRAM FEES 5.1. Purpose of RTIF Program Fees. Except as otherwise provided in this Agreement, all RTIF Program Fees received by each Participating Agency or SJCOG shall be used solely for the purpose of funding Regional Transportation Network projects as specified in the RTIF Technical Report and which are included within the RTIF Capital Projects Report. Each Participating Agency and SJCOG may spend RTIF Program Fees held by that entity on RTIF Capital Projects at the discretion of that entity. 5.2. Distribution of Fee Revenue. All fees collected by each Participating Agency pursuant to the RTIF Program Fee shall be distributed as follows: (a). Ten (10) percent of the amounts collected by the Cities shall be paid directly to the County on a quarterly basis for the purpose of funding RTIF Capital Projects within the County of San Joaquin. (b). Ten (10) percent of the amounts collected by each Participating Agency shall be paid directly to SJCOG on a quarterly basis for the purposes of funding state highway improvements on the RTIF Project List. (c). Five (5) percent of the amounts collected by each Participating Agency shall be paid directly to SJCOG on a quarterly basis for the purposes of funding transit improvements on the RTIF Project List. (d). Seventy Five (75) percent of the amounts collected by each city shall be retained by each city collecting such funds for the purposes of funding RTIF Capital Projects, and Eighty Five (85) percent of the amounts collected by the County shall be retained by the County for the purposes of funding RTIF Capital Projects. In the event a 356601-10 6 October 27, 2005 RTIF Operating Agreement Participating Agency determines it does not want to retain or manage this portion of the RTIF Program Fees, the Participating Agency may provide this portion of the RTIF Program Fees to SJCOG for administration to assist with the construction of Capital Projects on behalf of the Participating Agency. SECTION 6. ADMINISTRATIVE COSTS 6.1. Participating_ Agency Administrative Costs. The amount of RTIF Program Fee funds that are permitted to be used by each Participating Agency to cover ongoing administrative costs of implementing the RTIF Program shall be limited to up to two (2) percent of the first one million dollars ($1,000,000) retained each year by each City pursuant to subdivision (d) of section 5.2 of this agreement or received each year by the County pursuant to subdivisions (a) and (d) of section 5.2 of this Agreement. In addition, each Participating Agency may use up to one (1) percent of the amounts retained or received each year in excess of the initial one million dollars ($1,000,000). 6.2. SJCOG Administrative Costs. The amount of RTIF Program Fee funds permitted to be used by SJCOG to cover ongoing administrative costs of implementing the RTIF Program shall be limited to up to two percent (2%) of the first one million dollars ($1,000,000) received each year by SJCOG pursuant to subdivision (b) and (c) of section 5.2 of this agreement and up to one percent (I%) of the amounts received each year in excess of the initial one million dollars ($1,000,000). 6.3. Initial Third Party Costs. Each Participating Agency and SJCOG shall be responsible for paying third parry costs incurred by SJCOG to establish the RTIF Program, including, but not limited to, the preparation of the RTIF Technical Report, the Capital Projects Report, and the RTIF Program documents. The amount of third parry costs each Participating Agency and SJCOG shall pay is to be based on the percentage of the total County -wide RTIF Program Fees retained by each Participating Agency and SJCOG pursuant to section 5.2 of this Agreement. The amount payable to SJCOG by each Participating Agency and SJCOG shall be calculated by SJCOG based on actual RTIF Program Fees collected by each Participating Agency and SJCOG six (6) months from the Effective Date of this Agreement. The payments to SJCOG pursuant to this section 6.3 shall be made within one (1) year of the Effective Date of this Agreement. Payments for the initial third party costs shall not be considered administrative costs and shall not be subject to the limitations provided in sections 6.1 and 6.2 of this Agreement. 6.4. On-going Third Pa . Costs. On-going third parry costs approved by the SJCOG Board of Directors to regionally implement the RTIF Program will be paid to SJCOG by each Participating Agency and SJCOG on a semiannual basis. The amount of on-going third party costs each Participating Agency and SJCOG shall pay is based on percentage of the total County -wide RTIF Program Fees retained by each Participating Agency and SJCOG pursuant to section 5.2 of this Agreement. These payments for the on-going third party costs shall not be considered administrative costs and shall not be subject to the limitations provided in sections 6.1 and 6.2 of this Agreement. 356601-10 7 October 27, 2005 RTIF Operating Agreement 6.5. Legal Challenges. In the event that any Participating Agency and/or SJCOG is subject to a legal challenge of the RTIF Program then all Participating Agencies and SJCOG will be responsible for the costs associated with such legal challenge. At the time of such legal challenge the Participating Agencies and SJCOG will coordinate the defense of such legal challenge and the costs incurred for such legal challenge will be the responsibility of the Participating Agencies and SJCOG based on percentage of the total County -wide RTIF Program Fees retained by each Participating Agency and SJCOG pursuant to section 5.2 of this Agreement. For the purposes of this section 6.5, a legal challenge of the RTIF Program is limited to a challenge to either (a) the legal ability to adopt or impose the RTIF Program; or (b) the validity of the RTIF Technical Report. This section 6.5. will not apply to any legal challenge due to the manner of implementation of the RTIF Program that is either unique to a Participating Agency or that is not consistent with the provisions of this Agreement. SECTION 7. ADMINISTRATION OF THE RTIF PROGRAM 7.1. RTIF Account or RTIF Funds. All fees collected pursuant to the RTIF Program Fee by each Participating Agency shall be deposited in a RTIF account or RTIF fund and shall not be commingled with other funds of the Participating Agency. The contents of this RTIF fund shall be designated solely for the purpose of contributing to the financing of the RTIF Capital Projects included in the RTIF Capital Projects Report and for the funding of incidental administrative costs. Any interest income earned on the RTIF fund shall also be deposited therein and shall only be expended for the purposes as set forth in this Agreement. 7.2. Prohibition on Interfund Transfers or Loans. Notwithstanding subsection (b)(1)(G) of section 66006 of the Government Code there shall be no interfund transfer, grant or loan of the RTIF Program Fees or RTIF fund or RTIF account to other accounts, funds, programs or fees. However, a Participating Agency may provide loans, grants or transfers of RTIF Program Fees to other Participating Agencies or SJCOG provided that such funds are consistent with the RTIF Program and used for the development or construction of RTIF Capital Projects. 7.3. Reporting Requirements. Each Participating Agency and SJCOG shall prepare and deliver to the Executive Director of SJCOG semiannual reports by February 28 and August 31 of each year of the status of the RTIF Program and RTIF Program Fees collected by that Participating Agency or received by SJCOG. These reports, which will be reviewed by the SJCOG Board of Directors, shall specify the amount of RTIF Program Fee revenue collected and the corresponding fee generating activity, including, such information as the types of permits issued by land use category, developer credits and reimbursements granted, RTIF Program revenue applied to RTIF Capital Projects, and the status of RTIF Program fees forwarded to the County and SJCOG by the Cities. 7.4. Annual Reports. Each Participating Agency shall prepare an annual report consistent with the requirements of the Fee Mitigation Act (Gov. Code §§ 66000 et seq.) regarding the RTIF Program Fees and submit that report to the Executive Director of SJCOG by November 15 of each year that RTIF Program Fee funds are held by the Participating Agency. For purposes of preparing the annual reports to satisfy the requirements of the Fee Mitigation Act, SJCOG and the County shall coordinate with and provide to each Participating Agency in a timely manner, and no later than October 15 of each year, all necessary information regarding 356601-10 8 October 27, 2005 RTIF Operating Agreement the RTIF Program funds held by SJCOG and the County that were distributed to the County and SJCOG from the Participating Agencies pursuant to section 5.2 of this Agreement. 7.5. Annual Audit. The RTIF Program financial activity for each Participating Agency and SJCOG shall be reviewed annually by March 31 of each year by an independent certified public accountant selected and retained by SJCOG. 7.6. RTIF Program Administrator. SJCOG is the monitor of the RTIF Program and will monitor all fee revenue generated pursuant to the RTIF Program as reported by all Participating Agencies. SJCOG shall prepare an annual report in coordination with each Participating Agency at the end of each fiscal year, which will be reviewed by the SJCOG Board of Directors. SECTION 8. PERIODIC REVIEW OF RTIF PROGRAM FEES 8.1. Except as otherwise provided in Section 3.2 of this Agreement, the RTIF Program Fee shall not be adjusted during the first five years following the Effective Date of this Agreement. Thereafter, the RTIF Program Fee shall be evaluated, and adjusted accordingly, by all Participating Agencies and SJCOG every five (5) years to reflect the projected revenues generated or any other local or new funding sources, and to reflect changes in actual and estimated costs of the RTIF Capital Projects including, but not limited to, debt service, lease payments and construction costs. This evaluation shall include the report required by the Fee Mitigation Act (Gov. Code §§ 66000 et seq.) which includes, but is not limited to, all of the following information: (a). Identifies the purpose (project need) to which the fee is to be put; (b). Demonstrates a reasonable relationship between the fee and the purpose for which it is charged; (c). Identifies all sources and amounts of funding anticipated to complete financing in incomplete improvements; (d). Commits RTIF Program funds to RTIF Capital Project(s) and indicates that such funds are expended or reimbursed within the time periods established by the Fee Mitigation Act requirements; and, (e). Identifies the RTIF Capital Projects to be constructed, the estimated costs of the RTIF Capital Projects, the costs to be funded by the RTIF Program Fee revenue, and the availability or lack thereof of other funds with which to construct the Regional Transportation Network. 8.2. If the periodic reports prepared pursuant to section 8.1 above demonstrates a need, the Participating Agencies, in coordination with SJCOG, may consider modifying the RTIF Program Fee amount to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. 8.3. SJCOG and the County shall coordinate with each Participating Agency in the preparation of the periodic reports required by Section 8.1 of this Agreement and the Fee 356601-10 9 October 27, 2005 RTIF Operating Agreement Mitigation Act, and provide any and all information and/or commitments necessary regarding RTIF Program fees distributed to SJCOG and the County from the Cities. In the event RTIF Program fees must be refunded pursuant to section 66001 of the Government Code, SJCOG and the County will provide to each City for refund any proportional share of RTIF Funds that must be refunded that were distributed to SJCOG and/or the County by each City. SECTION 9. SJCOG CAPITAL PROJECTS SELECTION. 9.1. RTIF Capital Projects Report. SJCOG will be responsible for establishing and maintaining the RTIF Project List. From time to time, at the request of a Participating Agency, and at least annually, SJCOG shall review the RTIF Capital Projects Report to add, modify, or remove RTIF Capital Projects. Each Participating Agency will have the opportunity to suggest changes to the Capital Projects within the RTIF Program at this time. SJCOG will make any and all changes to the Capital Projects Report annually taking into consideration the comments received from each Participating Agency consistent with the screening criteria contained within the RTIF Technical Report. 9.2. Project Inclusion Criteria. The technical basis of the RTIF Program is a list of road improvement projects identified as Capital Projects within the Regional Transportation Network which are eligible and appropriate for funding from the RTIF Program. The inclusion criteria used to select the RTIF Capital Projects are as set forth in the RTIF Technical Report. It is the application of these criteria that assure adherence to the required nexus principles. Modification to the inclusion criteria will require approval by resolution of all Participating Agencies and an update of the RTIF Technical Report. 9.3. Selection of New Capital Projects. Any new projects recommended for listing as a RTIF Capital Project must be modeled and screened consistent with the requirements of the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) criteria for establishing a rational nexus. In addition, new projects added to the RTIF Project List must meet all of the following criteria: 9.3.1. Highway, Interchange, and Regional Roadway Improvements (a) The project is on the adopted Regional Transportation Network; (b) The project is scheduled for delivery within the time frame evaluated in the RTIF Technical Report; and, (c) The project involves a capacity improvement of one or more through travel or passing lanes, or auxiliary lanes (i.e. turn lanes). This criterion shall not be applied to interchange improvement projects. 9.3.2. Public Transit Improvements (a) The project is scheduled for delivery within the time frame evaluated in the RTIF Technical Report; and, (b) The project involves an improvement to an existing or a new service/facility which connects at least two (2) or more cities or regions. 356601-10 10 October 27, 2005 RTIF Operating Agreement 9.4. Inclusion in Regional Transportation Plan. Prior to receiving any RTIF Program Fee revenue a project must be identified in the SJCOG Board approved Regional Transportation Plan (RTP) and the RTIF Project List. 9.5. RTIF Project Management. Each City is responsible for managing and delivering RTIF interchange and regional roadway projects located within its incorporated boundaries, except as otherwise specifically agreed to by such city. The County is responsible for managing and delivering RTIF Projects located within the unincorporated area of the county, except as otherwise specifically agreed to by the County. SECTION 10. CREDITS AND REIMBURSEMENTS 10.1. Reimbursements and Credits. In the event that RTIF Capital Projects are constructed by a developer in excess of the Development Project's RTIF Program Fee obligation or in lieu of payment of RTIF Program Fees by a developer pursuant to an agreement between the developer and the Participating Agency, the developer may be reimbursed or credited for future application for any costs based on the actual costs of construction of the RTIF Capital Project incurred by the developer in excess of the amount the RTIF Program Fees that apply to the Development Project. Reimbursements shall be enacted pursuant to an agreement between the developer and the Participating Agency contingent on payment of funds when available for reimbursement to the developer. In all cases, however, reimbursements to developers pursuant to any agreement must be consistent with construction of the transportation improvements as scheduled in the RTIF Capital Projects Report. SECTION 11. EXISTING REGIONAL TRANSPORTATION FEES 11.1. Each Participating Agency shall evaluate and adjust, if necessary, its existing local fee program(s), if any, associated with regional traffic impacts to determine continued compliance with the Fee Mitigation Act due to the adoption of the RTIF Program. SECTION 12. WITHDRAWAL 12.1. For reasons pertaining to the lack of direct benefit, a Participating Agency may elect to withdraw from the RTIF Program upon providing one year written notice to SJCOG and each Participating Agency. If the Participating Agency has accrued RTIF Program Fee revenue, all funds plus interest earned shall be expended on RTIF Capital Projects by the Participating Agency or by any Participating Agency or SJCOG. SECTION 13. MISCELLANEOUS 13.1. Effective Date. This Agreement shall be effective and all Participating Agencies and SJCOG shall be authorized to proceed under this Operating Agreement at the date in which this Agreement has been executed by the San Joaquin County Board of Supervisors, the City Councils of each of the Cities, and SJCOG. 13.2. Partial Invalidity. If any one or more of the terms or provisions of this Agreement shall be adjudged invalid, unenforceable, void or voidable by a court of competent jurisdiction, 356601-10 11 October 27, 2005 RTIF Operating Agreement each and all of the remaining terms and provisions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 13.3. Amendments. Any amendments to this Agreement shall be made by the SJCOG and all Participating Agencies. 13.4. Enforcement. It shall be the responsibility of the Participating Agencies and SJCOG to adopt, implement, and maintain the RTIF Program consistent with the terms of this Agreement. 13.5. Execution. The Board of Supervisors of the County of San Joaquin, the City Councils of the Cities, and the Board of Directors of SJCOG have each authorized execution of this Agreement as evidence by the authorized signatures below. 13.6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. PARTY DATE OF APPROVAL Board of Supervisors, County of San Joaquin By Chair Date Attest: Clerk of the Board City Council, City of Escalon By Mayor Date Attest: City Clerk 356601-10 12 October 27, 2005 RTIF Operating Agreement City Council, City of Lathrop By Mayor Date Attest: City Clerk City Council, City of Lodi By Mayor Date Attest: City Clerk City Council, City of Manteca By Mayor Date Attest: City Clerk City Council, City of Ripon By Mayor Date Attest: City Clerk 356601-10 13 October 27, 2005 RTIF Operating Agreement City Council, City of Stockton By Mayor Date Attest: City Clerk City Council, City of Tracy By Mayor Date Attest: City Clerk San Joaquin Council of Governments By Board Chair Date Attest: Interim Executive Director 356601-10 14 October 27, 2005 RTIF Operating Agreement EXHIBIT A RTIF LAND USE FEE CATEGORY SUMMARY RESIDENTIAL Single -Family Dwelling A single family dwelling is defined as a residence designed for or occupied exclusively as a residence for one family; including a vacation home or seasonal dwelling and is located on one parcel. Multi -Family Dwelling Multi -family dwellings are defined as single structures designed for and/or constructed to contain two (2) or more dwelling units which share common walls (i.e., rowhouse, townhouse, duplex, triplex, quadraplex, condominium, apartment complex). When an existing single-family dwelling is converted into two (2) or more dwellings, it will be reclassified and subject to the multi -family dwelling regional fee. As a planned development containing two (2) or more residences, mobile homes parks are considered multi -family dwellings. A "commercial apartment" dwelling located within a commercial building is classified as a multi -family dwelling. NON-RESIDENTIAL Relationship of businesses to RTIF non-residential land use categories are based on the North American Industry Classification System (NAICS) Retail Sector comprises establishments engaged in retailing merchandise, generally without transformation and rendering services incidental to the sale of merchandise—fixed point of sale location. NAICS Sectors 44 & 45 represents the retail industry. Examples of retail businesses include: • Garden material and garden supply dealers • Food and beverage stores (i.e., grocery stores, specialty food stores, beer/wine/liquor stores) • Health and personal care stores • Gasoline stations • Motor vehicle and parts dealers • Furniture and home furnishing stores • Electronics and appliance stores • Clothing and clothing accessories stores 356601-10 15 October 27, 2005 RTIF Operating Agreement • Sporting goods, hobby, book and music stores • General merchandise stores • Miscellaneous store retailers • Non -store retailers such as electronic shopping and mail-order houses, direct selling establishments Office/Service Sector comprises finance, insurance, real estate professional, scientific and technical services, research and development, administrative & support services, education, health care and social assistance and other such as repair & maintenance, personal & laundry, and religious centers, including churches. NAICS Sectors 51— 72, 81 & 92 represents the office industry. Examples of office related businesses include: • Publishing industries, except Internet • Motion picture and sound recording industries • Broadcasting, except Internet • Internet publishing and broadcasting • Telecommunications • Internet Service Providers, search portals, and data processing • Other information services such as libraries and archives, news syndicates • Monetary authorities such as banks, credit unions, credit card issuing services, sales financing, mortgage and non -mortgage loan brokers • Securities, commodity contracts, investments • Insurance carriers and related activities • Funds, trusts, and other financial vehicles • Real estate • Rental and leasing activities • Lessors of non-financial intangible assets • Professional and technical services such as legal, accounting, engineering, design, consulting, research and development, advertising services • Management of companies and enterprises • Administrative and support services such as employment, business support (i.e., call centers, collection agencies), travel arrangement and reservation services, services to buildings and dwellings (i.e., janitorial, landscaping, pest control, carpet cleaning) • Waste management and remediation services • Educational services • Health care and social assistance • Hospitals • Nursing and residential care facilities • Social assistance (i.e., child/youth services, services for the elderly and persons with disabilities, shelters, food banks, vocational rehabilitation services, day care) • Art, entertainment, and recreation • Museums, historical sites, zoos, and parks • Amusements, gambling, and recreation 356601-10 16 October 27, 2005 RTIF Operating Agreement • Accommodation and food services (i.e., traveler accommodations such as hotels and motels, bed -and breakfast inns, RV parks, rooming and boarding houses) • Food services and drinking places (i.e., caterers, mobile food services, drinking places of alcoholic beverages, and full service restaurants) Industrial RTIF land use category of industrial is includes Manufacturing establishments engaged in the mechanical, physical, or chemical transformation of components into products to include construction engaged in buildings and other structures. The industrial land use category also includes Transportation, Logistics, and Warehousing establishments engaged in wholesaling merchandise, generally without transformation and rendering services incidental to the sale of merchandise including industries providing transportation of passengers and cargo, warehousing and storage of goods, scenic and sightseeing transportation. The NAICS Sectors 21, 22, 23, 31 through 33, 42, 48 & 49 represents the industrial land use category. Examples of industrial related businesses include: • Mining • Support activities for mining • Utilities (i.e., power generation and supply, natural gas distribution, water treatment plants) • Construction of buildings • Heavy and civil engineering construction • Specialty trade contractors such as roofing, sheet rock, framing contractors • Building and equipment contractors • Building finishing contractors • Other specialty trades such as residential and non-residential site preparations • Food manufacturing (i.e., animal, flour, rice, breakfast cereal, dairy products, bakeries, nuts) • Beverage and tobacco product manufacturing • Textile and textile product mills • Apparel manufacturing • Leather and applied product manufacturing • Wood product manufacturing • Paper Manufacturing • Printing and related support activities • Petroleum and coal products manufacturing • Chemical manufacturing • Plastics and rubber products manufacturing • Nonmetallic mineral product manufacturing (i.e., glass, cement & concrete, clay, lime/gypsum) • Primary metal manufacturing • Fabricated metal product manufacturing • Machinery manufacturing • Computer and electronic product manufacturing 356601-10 17 October 27, 2005 RTIF Operating Agreement • Electrical equipment and appliance manufacturing • Transportation equipment manufacturing • Furniture and related product manufacturing • Miscellaneous manufacturing (i.e., medical equipment, jewelry, sporting goods, signage) • Merchant wholesalers of durable and non -durable goods (i.e., motor vehicles and parts, furniture, lumber, paper, clothing, petroleum bulk stations and terminals) • Electronic markets and agents and brokers • Air, rail, water, truck, pipeline, scenic/sight seeing transportation • Transit and ground passenger transportation • Support activities for transportation • Postal services • Couriers and messengers • Warehousing and storage 356601-10 18 October 27, 2005 RTIF Operating Agreement Mine " m'ec ofdtisfax by caftg 333.70 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT SPECIAL NOTICE OF PUBLIC HEARING FOR February 1,2006 for the Adoption of the San Joaquin County Regional Transportation Fee and Authorizing the City Manager to Execute the Fee Program Operating Agreement. PUBLISH DATE: January 9,2006 AND January 16,2006 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON. CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: Thursday January 5,2006 ORDERED BY: JENNIFER M. PERRIN, CMC DEPUTYCRY CLERK R. CHA M ADMINISTRATIVE CLERK SUSAN J. BLACKSTON CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK at LNS a formsladvins.doc DECLARATION OF MAILING PUBLIC HEARING FOR February 1,2006 for the Adoption of the San Joaquin Regional Transportation Fee and authorizing the City Manager to execute the fee program operating agreement. On January 6, 2006, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, for the Adoption of the San Joaquin County Regional Transportation Fee and authorizing the City Manager to execute the fee program operating agreement. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on January 6, 2006, at Lodi, California. ORDERED BY: JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK R DANA R. CHA'PMAN ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK DECLARATION OF POSTING PUBLIC HEARING FOR FEBRUARY 1,2006 for the Adoption of the San Joaquin County Regional Transportation Fee and authorizing the City Manager to execute the fee program operating agreement. On Friday January 6, 2006, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing for the Adoption of the San Joaquin County Regional Transportation Fee and authorizing the City Manager to execute the fee program operating agreement was posted at; Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on January 6, 2006, at Lodi, California. JENNIFER M. PERRIN, CMC DEPUTY CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK N:1Administration\CLERK1Forms\DECPOST.DOC ORDERED BY: SUSAN I BLACKSTON CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK •. CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 1, 2006 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333.6702 MOT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 1, 2006 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Adoption of the San Joaquin County Regional Transportation Fee and authorizing the City Manager to execute the fee program operating agreement. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the close of the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: January 4, 2006 Approved as to form: D. Stephen Schwabauer City Attorney CLERKIPUBHEARINOTICESN02-01-06 RTIF PH,doc 1!5!06 CITY COUNCIL BLAIR KING SUSAN HITCHCOCK. Mayor City Manager BOBJOHNSON CITY O F L O D I SUSAN J.BLACKSTON Mayor Pro Tempore PUBLIC WORKS DEPARTMENT City Clerk JOHNBECKMAN D. STEVEN SCHWABAUER LARRY D. HANSEN CITY HALL, 221 WEST PINE STREET City Attorney JOANNE L MOUNCE P.O. BOX 3006 RICHARD C. PRIMA, JR LOOI, CALIFORNIA 95241-1910 Public Works Director (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lod i.gov December 30.2005 Mr. Andy Chesley Pennino& Associates San Joaquin Council of Governments 1502 Keagle Way 555 E. Weber Avenue Lodi, CA 95242 Stockton. CA 95202 SUBJECT: Re -Set Public Hearing for February 1, 2006 to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTI F) and Authorize City Manager to Execute Fee Program Operating Agreement Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, January 4, 2006. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This is to notify you that as indicated in the title, the only action will be to re -set a public hearing date on the item. Public hearings are usually set for the second following Council Meeting. Please refer to the December 21, 2005 City Council meeting minutes on our website www lodi.gov or contact our office at (209) 333-6706 for a draft of the Resolution. Any pertinent information will be on the February 1, 2006 Agenda. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call me at (209) 333-6759 _ "Richard C. Prima, Jr Public Works Director RCPlpmf Enclosure cc: City Clerk NCPUBLICHEARING DOC