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HomeMy WebLinkAboutAgenda Report - February 1, 2006 I-01 PHAGENDA ITEM 1 I CITY OF LODI COUNCIL COMMUNICATION h AGENDA TITLE: Public Hearing to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTIF) and Authorize City Managerto Execute Fee Program Operating Agreement MEETING DATE: February 1, 2006 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing 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: The San Joaquin Council of Governments (COG), with the participation of our City Council representative and staff, has studied and adopted a new fee program to help pay for regional transportation improvements. Such a program was encouraged as part of Measure K — the 1/2 -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 was adopted at the January 4, 2006 meeting. The actual fee is adopted by resolution that is the subject of this public hearing, as well as to authorize execution by the City Manager of an operating agreement between the City and COG regarding administration of the fee program. The RTIF Program consists of: • Technical Report dated October 27, 2005 (the "Nexus Study") — Exhibit B — This report provides the technical documentation and analysis supporting the fee program and the maximum fee. • Operating Agreement — Exhibit C — This agreement details the procedures for setting, collecting and administering the fees and will be considered following the public hearing. City Ordinance (Attached)—This ordinance is based on the model ordinance provided by COG and provides the legal basis for 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. Some of the highlights of the Program are: A. The proposed fees are: $2,500 per single-family dwelling $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 APPROVED: — Blair King, GVManager J 11MFees1RT1FkCPH Fee doc 1/23/2005 Public Hearing to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTIF) and Authorize City Managerto Execute Fee Program Operating Agreement February 1,2006 Page 2 0. 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 County for 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). 1. 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. Exceptfor the annual index adjustment, there is a 5 -year "freeze" on the fees and the program, with 5 -year updates following. L. Provisionsfor 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 PublicArt 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. !f Richard C. Prima, Jr. Public Works Director Prepared by F Wally Sandelin, City Engineer RCPlpmf Attachments cc Wally Sandelin. City Engineer SJCOG —Andy Chesley Pennino & Associates J 11MFees1RTIF1CPFi Fee.doc 112312006 Exhibit A ivo J SAN JOAQUIN COUNCIL OF GOVERNMENTS :'1'r:. •'l,` 533 E. Weber Avenue • Stockro>r, California 93202 209.468.3913 • 209 468.1094 tom) ratcvrss1ca� org November 1,2005 fnr+r L Hrikirr """ Mr. Blair King, City Manager �nlur Hwrris City of Lodi 1.41 "R 221 W. Pine Street ,4urhrlr C.rr,s/`,T Lodi, CA 95240 isrr. kr hXr.,t rsvc lriRFr'rllk Dear Mr. King: d/rurbr r iigur'ir• 4.fki"' On October 27,2005, the Board of Directors of the San Joaquin Council of Govemments l:.�f.11\. L -%m Kor. (SJCOG) unanimously adopted the Regional Transportation Impact Fee (RTIF) program. `'"" r' Enclosed for the City of Lodi's review are the RTIF Technical Report, Ordinance, and Operating WiNTF.'CA, k, Agreement. In addition, a Draft Resolution designed to be used by each participating agency to sroc.mroN, establish the San Joaquin County RTIF Program Fees is enclosed for your review. TRACY. A,lf TH& rUt-NTY or The consulting firm of Pennino & Associates has been secured by SJCOG to coordinate the W1 JOAQV'N presentation of the RTIF program with alljurisdictions. 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. �J ANDREW T. CHESLEY Interim Executive Director cc Council Member, Larry D. Hansen I Exhibitel REGIONAL TRANSPORTATION :IMPACT FEE EAock toil Technical Report ti Ripon a October 27, 2005 Economic do Planning Systems Reel Eatete F.conosriw Regkind inks Public Fnarwe Land Use Policy FINAL REPORT SAN JOAQUIN REGIONAL TRANSPORTATION IMPACT FEE Prepared for: San Joaquin Council of Governments Prepared by: Economic 6z Planning Systems, Inc. and Fehr & Peers Associates Inc. October 2005 EPS 915040 BERKELEY SACRAMENTO DENVER 2501 Ninth St., Suite 200 Phone: 510.841.9190 Me Phone: 916-649-6010 Phone: 303-623-3557 Berkeley, CA 94710-2515 Fax: 5 10-84 1.920 5 Fax: 916.649.2070 Fax: 303-623.9049 www epsys.com TABLE CF CONTENTS (. INTRODUCTION ANDRESCJ[.TS................................................................................... 1 Purpose of Proposed Fees and Technical Report ................................................... 1 Summary cf Maximum and Proposed Fees........................................................... 2 Implementation and Legal Considerations............................................................ 2 SurplusFunds.......................................................................................................... 4 Securing Supplemental Funding............................................................................. 4 it. RTIF GRov m PROJECnONS..................................................................................... 6 TimeHorizon............................................................................................................ 6 GrowthProjections................................................................................................... 7 DwellingLint Equivalents....................................................................................... 7 [U. RTIF CAPITAL PROJEM AND COSTs....................................................................... 11 RTIF Project Inclusion Criterta.............................................................................. 11 Changes to RTIF Master Project List..................................................................... 13 Allocation cf Eligible RTIF Costs........................................................................... 14 JV. RTIF MODEL AND FEE CALCULATION..................................................................... 19 Transportation Model............................................................................................. 19 ExistingDefkiehci�-s............................................................................................. 19 TrafficContributibn................................................................................................ 19 Public Transit Contributibn................................................................................... 20 MaximumFee Calculation..................................................................................... 20 LIST CF 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 fable 4: Total Dwelling Unit Equivalent Growth .................................. ......................10 Table 5: IMF 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 I, 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 of 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). Ft)Ilowing 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 calculation by 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 cf fees to be established by the = 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 CC 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. P: 1150W911SDWRTIFIReportlr usodyfind=405.dac Draft Teehniccl Report San Joaquin Regional Transportation Impact Fee October 24, 2005 A summary of the maximum fees calculated in this RTIF 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 cf the cornmercial/industrial category. $2,512 per single-family unit $1,542 per multifamily unit 54.65 per retail square foot • $2.13percommercial/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 decide to charge a fee below the maximum fee for any or all cf 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 FMF fee and the proposed RTIF fee is presented in Table 1 of this report. The fee reduction is based on key stakeholders (i.e., developers, elected officials, ci ty/county officials) 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. EMPLEMENTATION AND LEGAL CONSIDERATIONS ANNUAL REVIEW AB 1600 (at Gov, C. §§ 66001(c), 66006(b)(1)) stipulates that eachlocal agency that requires payment cf 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:\ 1500091 tb040RTlFI Repod k nexn991dy flnat102405.do[ Table 1 Regional Transportation Impact Fee Amount San Joaquin RTIF Nexus Study; EPS #15040 Category Maximum RTIF Fee Propoaed 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 51.500 Fee Per Retail Sqfl. $4.65 $1100 Fee Per Commeraiallindustrial Sqft. (1) Office $2.13 $1.25 Industrial $2.13 $0.75 (1) The maximum RTIFfee cak:ulationcombines office and industrial land use categories due to rsuffident data to separale the trao categories. ecwo,rk a of oning Sy"ma, kv. aa7aI2005 3 P.A15Wft 15WORrAP1WD*WUEC&t_10240 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 of the fund. ■ The amount of fees collected and interest earned. Identification of the improvements constructed. ■ The total cost of the improvements constructed. ■ The feesexpended to construct the improvement • The percent of total costs funded by the fee. I r sufficient fees have been collected to fund the construction of an improvement, the agency must specify the approximate date for construction of that improvement. Because of 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 of the fee revenues and other available funding. Formal annual review of the CFF program should occur, at which time adjustments should be made. Costs associated with this monitoring and updating effort can be included in the RTIF program. SURPLUS FUNDS AB 1600 also requires that if any portion of 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 of funding anticipated to complete tinancing 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 of the refund do not exceed the refund itself, the local agency that hascollected 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 = capital projects identified in this Technical Report. For example, out of the $561 million in = 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 FAISO \J-14401tnF%RepW\nexussldondI0240-d" Draft Tu*nim) 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 RTTF program. Thus, to fully implement the RTTF program, the SJCO(Mll have to obtain funding and pay for iinprovements not covered by impact fee revenue. Examples of such sources include Measure K funds; CALTRANS funding; and other local, State and federal sources. Ulhmatelt', funding for the entire cost of the RTTF program must be identified and allocated during the life of the RTIF program. 5 PA 15M ki-SQ4ORTIF%XgwtlraxussrdyfindIO21(7 Ax 11. RTIF GROWTH PROJECTIONS The RTIF 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 cf residential, retail, and c )mmerciallindustrial land use development expected to occur in San Joaquin Region through the year 2030. These estimates are used for the following primary purposes in thr fee calculation: Estimates of 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 cf 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 RTTF program fee because cf the added traffic demands from the increased population and jobs that will occ-u r by that future date. A shorter time horizon typically reduces the number of improvements in the FTH 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" cf a community's General Plan. Another approach is to establish a future date, typically before "build out" o=xs, 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. P:11500Ds115090RT1F1 Report 1 nexusstdyflnd102405.4x Draft Technical Report Sart Joaquin Regional Transportation hnpad Fee October 24. 2005 GROWTH PROJECTIONS The regional household and employment projections, provided by SJCOC, form the basis for developing growth forecasts by 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 commercial/industrial development. In addition, an average vacancy rate of 7 percent for retail and commercialfindustrial space is also assumed. The allocation of 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, commercialrindustrial, 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 1 ind use, as shown in Table 4. 1 Assumptions based on data from the Lnstitute cf Transportation Engineers(rM) Trip Generation Model (611% Edition) and the San Diego Council cf Governments (SANDAG) Brief Guide to Vehicular Traffic Generation Rates, Julyl998. RA 15000%% f 5040RTZS Report % nexwstdyfrnd7024V Salo Table 2 Projected Development by Land Use San Joaquin RTIF Study; EPS#11212 Category Year 2005 2030 Total Growth Avg. Annual Growth Single Family Residential (Units) 165.334 287.943 122.609 2% Multy-Family Residential (Units) 80,122 411,990 31.868 1.3% Retail Employment 47,347 59,311 11,964 0.9% Square Feet (1) 15.411,449 19,305,731 3,894,282 0.9% Commercialtindustrial Employment 247.161 272.355 25,194 0.4% Square Feel (2) 160,901,811 177,303,105 16,401,294 0.4% (1) Assumes 350 SF per Retail employee. and a 7.0% vacancy ale. (2)Assumes 700 SF per Commercial Industrial employee. and a 7.0% vacancy rate. Economic d Pfanning Systems, Ina fGV2412005 8 F1IS000a%IW40RTIPWdehDUECek_102405 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 101 100% 100 Multi Family Residential DU 062 100% 061 Retail KSF 314 50% 185 Commercial Office KSF 1.49 65% 0.96 industrial KSF 088 85% ILU Office/Industrial Avg. 0.85 (1) Peak hour trip rate based on ITE Trip Generation Manual. 6th Edition. (2) Percent new trips based on SANDAG Brief Guide of Vehicular Traffic Generation Rates Economic& RmningSystema, Inc 1012412005 9 102405 Table 4 Total Dwelling Unit EquivalentGrowth San Joaquin RTIF Nexus Study: EPS 915040 DUE Growth Unit Type (2005 - 2030) Single Family Residential 122,609 Multi -Family Residential 19,563 Retail Square Feet 7.210 Commerciallindustrial Square Feet 13.937 Grand Total 163,319 &anomia d Planning systems. Ana 1012412005 10 PA 150" 1504OR77PMd&AWECak_ 102405 III. RTIF CAPITAL PROJECTSAND 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. RTIF PROJECTINCLUSION CRITERIA The road and transit projects proposed for funding by the RTIF are included in an initial RTIF Master Protect List. The RTIF project list is composed of improvements that fall on the "RTIF Network", a unified system ef roadways, transit linkages, and other transportation facilities that confer benefits upon development throughout the County. This networkis illustrated in Figure 1. The RTIF Network was developed and defined as part ef the RTIF planning and policy formulation process,2 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 RTIF 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 Prej ect List, Highway Widening, Interchange and Local Roadway Improvement projects must meet all cf 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 Congestion Management Program (CMP) network ofmajor facilities of regional significance and supplemented with 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 RTIF project list and Regional Transportation Plan (RTP) prior to delivery. The current time horizon for the RTP is 2005 - 2030. 11 P:5l5Mkl5OWRTIF%RgmrtlxnrussedyfinWI024Gl *c Figure 1: Regional Transportation Network odi N� Stockton Lathr n Escalon Ripo racy Legend Sphere of Influence �— RTIF Transportation Network City Limits 12 Draft Tech," Report San Joaquin Rtgionai Transportation 1"9W Fte October 24, 2005 In order to be included in the RTIF Master Project List, all Public Transit projects must satisfy the following criteria:4 A. A11 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 ofhighway widening, interchange, and regional roadway projects. The RTIF 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 SJcOGBoard adopted Regional Transportation Network. A description cf the master and eligibleRTIF projects and costs are provided in Table 5. CHANGES TO RTIF MASTER PROJECT LIST =1s needs and priorities change over time, on a semi-annual basis, a jurisdiction can r'xchange any one oftheir RTIF projects from the R'I'g' Master Project List with one or more of their projects in Tier I cf the RTP. This level of flexibilityis intended to help iurisdictions adapt to changes in funding availability and transportation paice_ities. -lowever, the following conditionsneed ra be met to secure an exchange: • RTP meets air quality conformity requirements; • The projects are categorized in TierI cf the RTF. Tier I RTP projects are priority projects for which funding sources have been identified; and, • RTIF nexus requirements are maintained, Examples ofregional transit projects include: (a) capital purchase of rolling stock(b) bus shelters and sedated wenities;and, (c)multi-modal stations and associated amenities. 13 r:ktsao u5H0RFtF\Rcp %m awsoaondioa9546c Dna ft Th*►cr Report San Joaquin Regional Transportation Impad 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 RTIF transportation project. Based on the multiple funding mechanisms, the following rationale was used to allocate � et RTIF costs to fiscally constrain the projects and establish the nexus: A. RTIF Projects currently in Tier 1 of the RTP - RTIF gross project costs were compared to the costs programmed in the RTP. The cost differentials between the RTIF/Tier I RTP projects were offset with net eligible RTIF costs. 5. Regional roadway/interchange projects in Tier I 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 eligible RTIF net project costs. C. Remaining regional roadway projects -Nexus fee includes full RTIF costs attributable to new development for all 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 of about $5.4 billion. Cf the total, 48 RTIF projects with a total cost cf $561 million were selected for purposes of calculating the fee amount This amount reflects to proportion of the projects for which funding sources have not yet been identified. The cost estimates are based on the best information available at the time cf this Report. To the extent that this project list and/or the corresponding cost estimates are updated, the maximum fee amount will change accordingly. 14 P:11sawls 1_%DdORTIFX Repod InexzaWVfina[M4QSAx Table 5 RT1F Capital Projects San Joaquin RTIF Nexus Study: EPS#15040 10# Prajsct Project Description RTIFMaster Project Costs (2) NexusProjeet costs (3) Mainline Highway Projections 1 SR -99 Widen 4 to 6 lanes using inside median. Arch Road to Crosstown/9$ interchange $158,000,000 2 SR -99 Widen 610 6 lanes(Outside), Ci€y of Manteca (Yosemite Ave) to City of Ripon (West Ripon Road) $203,000,000 3 1-5 Widen 61lo 61anes (inside) ham Monte Diablo Avenue undercrossmg to Otto Dnye. Add aux, Pvss0e HOV lane $250,000,000 4 15 Widen 6 to 81anes (Inside). French Camp Road to Charter Way $228,000,000 5 1 Widen 6 to 6 is res (Inside). SR 120 to French Camp Road S71,000,000 6 1.205 Widen 6to 8lanes (lnsidefOulsiiSe) from 1.580 to 1-5 $268,000,000 7 SR -4 Extension Newelignmenl born Fresno Ave. to Daggett Road $150,000,000 $19,843,070 6 SR-99Widening Widen 6 to6lanes(Ouiside), Cherokee Road to Armstrong Road $100,000.000 9 SR -99 widen 6 to a tangs (outside). crosstown to Cherokee Road $194,0(0 0130 10 SR -99 Widen 6 to 8 lanes (Outride). Arch to Crosstown $66.000.000 11 SR -99 Widening Widen 410 8 lanes (Outside). French Camp Road to Arch Road 310C,00o'000 12 I-5 Widen 6 to 6 lanes (Inside). Otto Drive to New Road A (oat mile N. of Eight We Road) $23.000,000 13 SR -99 Widening Widen 6 to 10 lanes (Outside). Mariposa Road to Cherokee Road $150,000,000 14 SR-4Crosstown Widening Widen 6 to 8lanes, 1 -;to SR -99 $75,000,000 15 SR -26 Widening Widen 6 to 8 lanes, SR -99 lo Austin Road Extension $34,000,000 16 SR -4 Widening Widen 6 to Blanes, SR -99 to Austin Road Extension $30,000,000 17 SR 99 @ Crosstown Freeway Reconstruct Freewayto Freeway Interchange $30,000,000 16 1-513R 4 @ Crosstown Freeway Reconstruct Freeway Io Freeway Interchange $59,000,000 - 19 I-VSR-120 Newbranch connections(2 Lane Structures). SR -120 West to 1-5 North. and 1-5 South to SR -120 East $35,500,000 $6,640,000 20 SR -120 Widen 4 to 6 lanes (Inside)from 1-5 to SR -99 $54,000,000 21 SR -12 Widen 2 to 4 lanes (Outside), add turn lanes, from SR -99 to SR -88 $%.Mow 531,480,004 22 SR -99 New capacity —widen4to6lanes (Inside). from Jct. 12EaslloCountyline. $86,000,000 23 SR -99 Newcapacity—widen 4 t 6 lanes (inside), from north of Harney Io SR -12 East $11,250,000 24 I-5 Widen 4 to 6 lanes (Inside). SR -12 to County Line $91,000,000 25 1-5 WideMng Widen 8 to 10 lanes, Roth Roadto Olio Drive 5400,000,000 26 SR•12 @ 1.5 Loop Ramps 511,250,000 - 27 SR -99 @ SR,88 Reconstruct interchange $19.500.000 28 SR -99@ SR -26 Reconstruct interchange $19,540,000 29 SR -26 New Capacity —widen 21o4lanes{Outside), Card i nal(diverting canal) to Jack Tone Road $48,000,000 30 SR -120 West of Escalon Widen from Jacktone 5latte conventional loSexlon, new south alignment Io McHenry 575,000,000 31 SR -120 Easl of Eswlon New south alignment hom McHenry to existing 120@ Harrold, widen to 5 lane conventional to county line $25,000,000 32 SR -88 Passing lanes. SR -12 to ArWdor County Line $24,000,000 Total Mainline Highway Projections 13.1 57,500,000 $57,963,070 inNrchange ModNkidorts. Reconstructions, and lmprovetrunts _ 33 1.5 @ Lathrop Road . 4 lanes under 1-5, modify interchange0.3 miles north and south of Lathrop Road undercrossing $17,200,000 $3,956,000 34 1-205 @ Paradise/Chrisman Construction of newinterchaNe $40,000,000 $20.800,000 35 SIR -99@ SR -12 (Ketdeman Lane) ReConshucl interchange $20.000,000 $4,600.000 36 SR -99@ Haney Lane Reconstructinterchange 520,000,000 31 SR -99 @ North Main Construct new interchange $8,900,000 38 SR -99 OD Austin Road ReconstrucOmpr0ve Interchange $30,000,000 $6,900,000 EoonomcsNw+gpSl.r .ln� 101242006 P.1r?OOM1� 0Nffr AtdMWNEQ*_rON07 WgOL irJ3nooparfti1domi%w)om[tid WMAC l 244 S&—Wl 3 O"'6S6'MS o00 000'0£9 POON 4Pr9V of fib 2iS 'seuel a of Z W4J uep!M Peoa asouueW 8L - 000'000'9S taMla setee81e0 e41 XM 96PUQ auel b >xlrulsuoO eBP!r9 anuanV WN LL 000'000'ES 000'000'03 sual 4mvi o1 enua oa10'sam b v-ssuoo onueeV pu" 9L 000'009'0S 000'000'OZS auel tawuuaH of )"Jo teog 'sauel 9 of Z LUCAJ uap!M Pena uolwo4l 9L e$u*tp*Iu! 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O&Mptalaq i; OMd PaoU duadg 407V 66-W 5b 000'000'9£$ o8umpiem l-ulsuo ob PWH dwRO 4MWJ WVS bb 000'090'9S 000'000'9£$ (Z' LZ-O'OZ -IN'd) abue4wOM Peps dtueO WWWAIS•! Bu!lsixa LppOW dwsa %puejaKaedS tp)l a 5-1 Et• 000'QOO'EZS 000'000'00 LS WZZ-1' IZ "W'd) $&Mt u41ul cruel 4WM 'AsM uosTM pou!qu,pp lSrWsuo3. 9Cwe4=elu! MeN uOsl!Mfauel WAY4 0 66 -US Zb 009'LOE'eS OW"I'9ES (S'9£ -VSE Wd) a6WUWJDIUI !:30.49 MH PeOH OPW 103 0 66-21S Lb 000'09L'9 1S OQO`000'OfS Pe021 t2n!a 41!M u0 PGUU03 apnpU! 01 G8Mq ielu6lMISUOD 'P2l MOO 0 66 -US Ob 000'986'9S DOO'00Z'9ZS a6uegwo)t ! ahojdw!pcbrulsuo398 Aelt !AM O MALS 6E (E) 53ao3 (L) %803 "*td u09029e0 ias{wd #01 ljgn+d snxaN jo"O M dtla 04051# Sd3 •ApnjS snxaN X112# ulnbeor ueS slaofoid Igildeo 41121 S elgel Table 5 RTIF Capital Projects San Joaquin RTIFNexus Study: EPS 1115040 117# Project 79 Austin Road 80 Austin Road 81 Austin Road 82 Austin Road 83 Arch -Sperry Rd. 84 Arch -Sperry Rd, 85 Arch -Sperry Rd, 86 French Camp Road 87 Hamey Ln, 88 Jack Tone Rd. 89 Liberty Road 90 Peltier Road 91 Peltier Road 92 Elliott Road 93 Yosemite Ave 94 Manposa Road ti 95 Mariposa Road v 96 French Camp Road 97 Tracy Boulevard 98 Howard Road 99 Airportway 100 Escalon-Belota Road 101 Airportway 102 Airportway 103 Lathrop Rd. 104 Goiden Valley Parkway 105 Lalhrop Rd. 106 Corral Hallow Road 107 Lammers Road 108 Linne Road 109 McHenry @ Ullrey Intersectori 110 CampbellAvenue 111 CampbellAvenue 112 Brennan Road 113 Miller Road 114 South Arterial #1 115 Jones Road $937,389 River Road Plus Extension 116 $4,209,100 117 West Ripon Road (1) Total Regional Roadway Improvements EwnmwAPWr gSraArna kic 1012439005 P1150"15W0191To UAo7dOtN;Cak_102406 RTIFMaster N*xUs Project Project Description Project Costs (2) Costs (3) Construct 6 lanes. SR 26 to Main Street $10,006.000 Construct 8 lanes. MainStreet to Mariposa Road $60,000,000 Construct 6lanes, Mariposa Road to Arch Road 55,000.000 Construct 4 lanes. Arch Road to French Camp Road 520,000,000 Consvuct 2 to 6lanes. 15 to Performance Drive $65,000,000 $14,950,000 Construct 2 to 8 lanes. Performance Drive to Frontier Way $35,000,000 $22,595,000 Widen fmm 2 t 6lanes, Frontier Way loAus0n Road $10,000,000 $5,690,000 Widen from 210 6 lanes. SR -99 to Arch -Sperry Road $40,000,000 Widen from 2 to 4 lanes, SR -99 to Lower Sacramento Road (2 6 Miles) $12,250.000 52,817,500 Widenfrom 2 to 4 lanesentire length (SR-9910SR-U)$27,000,D00 $6,210,000 Widenfronl 21o4 lanes, SR -99 to SR -88 $24,974,000 Widen from 2 l 4 lanes, SR -9910 1-5 $15,500,000 Widen from 21o4lanes. SR -99 to Elliott Road $25,573,000 Widen from 2 1 o 4 lanes. SR -88 Io Peltier Road $12,900,000 Widen from 2 l 4 lanes. Cily limit to North Ripon Rd. 3.05 miles. $4,758,DW Widen from 2104 lanes. Austin Roadto Jack Tone Road $17,352,000 Widen from 2 t0 4 lanes. Jack Tone Road to Escalon-Mota Road $20,063,000 - Widen from 2 to 4 lanes. SR -99 to SR -120 $26,084,000 Passing lanes and channelization $21,202,000 Parsing lanesand channeflutien $23,935,000 Widen from4 to 6lanes. Lathrop Roadto Roth Road. $9,293,000 $2,137,391) Widen from21o4lanes.Mariposa Roadto Escalon Citylimit $4,009,000 $1,519,41 1 Widen from 210 4 lanes.Yosemite to SR -120 51,153,000 $937,389 Widen from 4 to 6 lanes. SR120-Lalhrop Road (Manteca) $4,900,000 $4,209,100 Widen from21o4 lanes from easl of UPRRIo SR -99 $6,855,000 Parallel facility along north/west side ofl•5 from Lalhmp Road Io Paradise $59,290,000 $40.910,104 Widen from 2 to 4 lanes. 1-5 to east UPRR $2,560,000 Widen f=2 to 4 lanes. Grantline Roadto Crone Road $20,000,000 Widen from 2 to 4 Lanes. 1-205 b 1-580 S40.000.000 Widen from 210 4 lanes. Corral Hollow Roadto Chrisman Road $4,289,000 $2,835,029 Intersection Improvement $800.000 $499.200 Widen from 2 b4 lanes. From SR 120rxx hto MillerRoadandwaas1fromMiller Road toEacakxrBelota Road $2,500,000 $1,257,500 Widen from 2 to 4 lanes. From MillerRoad to Santa Fw Avenue. $2,5010,000 Widen from 2 to 4 lanes. SR 120south to Jones Road and easl from Jones Road la McHenryAvenue 52,500,E Widen from 2 to 4 lanes. Escalon-Bellota Avenue to CampbellAvenue $1,123,005 Widen from 2 b4 lanes. BrennanAvenueto Harrold Avenue $5,054,790 Widen from 210 4lanes. Brennan Road to Harrold Avenue $2,000,115 Widen from 2 to 4 Lanes From McHenry Avenue to SR 120. Includes Parallei Facility to SR 99 North b SR 120 525,000000 with extension of Olive Road south IoSJCline. Nbyinclude roundabout (River Road@ McHenry). Widen existing mad from 2 Io 4 lanes and extend Ripon Road4Vest tot -5 $50.000,000 $1,138,879,910 5321,884,219 EwnmwAPWr gSraArna kic 1012439005 P1150"15W0191To UAo7dOtN;Cak_102406 Table 5 RTIF Capital Projects San Joaquin RTIF Nexus Study; EPS #15040 IDS Project Public Transit 118 Bus RaPid Transit (BRT) 119 Regional Busses 120 Altamont Commuter Express (ACE) Total Public Transit TOTAL ALL PROJECTS Project Description Re4onaYlnter-Regipnai BRT system Purchase of huses for service expansion (Intercttyltnterregional) Acquisition of ACE Gorridor between Lathrop and Niles Junction (1) Project deNrory is on the revAU of a teasibliity study and pending analysis of the region's expressway needs. (2) Represent ae projsth h the RTIF nslw adL All projects we weeded bes" on IrOAK rr Criteria. (3) Represents RTIF propcWcoete wed b estabesh nexus. 1-+ 00 RTIF Master Nexus Project Project Costs (2) Costs (3) $100,412,410 $19,931,535 $10,400,000 52,100,000 545,000,004 $6,950,000 $155,412,410 $28,981,535 $5,438,212,320 $560,818,424 EcaMM A P"Vwq SP&M, An. 1012azom Alr50 msW*ORT#-AAx A0UECak_r0?rM Table 6 RTIF Trip Distribution and Net Project Costs San Joaquin RTIF Nexus Study; EPS #15040 ID# Project Mainline Highway Projections 1 SR -99 2 SR -99 3 15 4 1-5 5 1-5 6 1-205 7 SR -4 Extension 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 1-5/SR 4 @ Crosstown Freeway 19 1-5/SR-120 20 SR -120 21 SR -12 22 SR -99 23 SR -99 24 15 25 15 Widening 26 SR -12@ 15 27 SR -99@, SR -88 28 SR -99@ SR -26 29 SR -26 30 SR -120 West of Escalon 31 SR -120 East of Escalon 32 SR -88 Trfp Distribution Internal Trips External Trips 48.3% 51.7% 31.3% 68.7% 54.1% 45.9% 59.9% 40.1 0/4 61.3% 38.7% 46.4% 53.6% 43.5% 56.5% 54.1% 45.9% 57.8% 42.2% 48.3% 51.7% 42.6% 57.4% 47.2% 52.8% 54.8% 45.2% 60.0% 40.0% 60.7% 39.3% 48.6% 51.4% 62.5% 37.5% 65.5% 34.5% 33.2% 66.8% 29.1% 70.9% 78.7% 21.3% 41.3% 58.7% 48.0% 52.0% 45.2% 54.8% 58.1% 41.9% 46.1% 53.9% 65.8% 34.2% 69.1% 30.9% 57.0% 43.0% 30.6% 69.4% 26.7% 73.3% 45.5% 54.5% Net Nexus Project Costs $7,708,140 $2,204,480 $24,774.760 InterchangeModffications, 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 869% 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@ MarchLane/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 Co? Arch Sperry Road 57.5% 42.5% Econom c 6 Planning Sysfems. fnc 1012472005 22 PA15000 13U0RTIAAfod"UEC&k-102405 Table 6 RTIF Trip Distribution and Net Project Costs San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Trip Distribution Internal Trips External Trips Net Nexus Project Costs 46 SR -99 @ Armstrong Road 89.2% 10.8% - 47 1.5 @ New Road (N.Gateway) 97.6% 2.4% 48 SR -99 @ New Road A (N. Gateway) 71,5% 28.5% $7,992,500 49 SR -99 @ Marada Lane 65.4% 34.6% $654,000 50 1.5 @ Eight Mile Road 67.2% 32.8% $2,627,520 51 1-5 @ Otto Drive 65.9% 34.1% $6,365,940 52 1-5 @ Hammer Lane 91.1% 8.9% $9,847,910 53 SR -99(g Mariposa Road 59.3% 40.7% $5,455,600 54 SR -99 @ New Road 60.8% 39.2% $31,687,110 55 1-5@ Matthews Road 72.5% 27.5% - 56 1-5 @ Roth Road 70.2% 29.8% $10,569,750 57 SR -132 @ 1-5 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% $3,578,800 60 1-205@ Lammers Road 58.5% 41.5% $7,400,250 61 1-205@ Grantline Road 70.8% 29.2% $4,885,200 Regional Roadway Improvements 62 Lower Sacramento Road 83.2% 16.6% $4.160,000 63 Lower Sacramenlo Road 93.8% 6.2% 64 Eight Mile Rd. 69.5% 30.5% $7,992,500 65 PacificAvenue 95.2% 4.8% $6,568,800 66 March Lane 93.2% 6.8% $7,606,984 67 March Lane 85.0% 15.0% $4,250,000 68 West Lane 96.1% 3.9% $9,398,580 69 West Lane 98.8% 1.2% $43,145,565 70 West Lane 94.9% 5.1% $31,687,110 71 West Lane/Airport Way 93.4% 6.6% $52,229,280 72 Airport Way 85.0% 15.0% $10,569,750 73 Airport Way 79.3% 20.7% $12,656,280 74 New Road A 67.9% 32.1% 75 Thomton Road 77.8% 22.2% $3,578,800 76 Aksland Avenue 87.0% 13.0% $2,610,000 77 RydeAvenue 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-Speny Rd. 61.4% 38.6% $9,179,300 84 Arch -Sperry Rd. 63.3% 36.7% $14,302,635 85 Arch-Speny Rd. 64.0% 36.0% $3,641,600 86 French Camp Road 45.7% 54.3% 87 Harney Ln. 89.9% 10.1% $2,532,933 88 Jack Tone Rd. 55.3% 44.7% $3,434,130 89 Liberty Road 17.5% 82.5% 90 Peltier Road 39.2% 60.8% 91 Peltier Road 38.8% 61.2% Fconcmic 6Pranring Sysfems, fnc. 7024/2005 23 PAIMOM1W40RnPAAW&WUECek_102405 Table 6 RTIF Trip Distribution and Net Project Costs Sart Joaquin RTIF Nexus Study; EPS #15040 ID# Project Trip Distribution Internal Trips External Trips Net Nexus Project Costs 92 Elliot 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% 144 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 hammers 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 Campbell Avenue 51.7% 48.3% $650.128 111 Campbell Avenue 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% 85.1% - 117 West Ripon Road (1) 68.2% 31.8% - Public Transit (2) 118 Bus Rapid Transit (BRT) n/a n/a $5,993,758 119 RegionalBusses nfa nia $631,506 120 Altamont Commuter Express (ACE) n/a n/a $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. Economic 6 Planning Systems. Inc. 1012012003 24 P11300M1&WORT1F4*xN UECax 1102405 Table 7 RTIF Fee Calculation San Joaquin RTIF Nexus Study: EPS #95040 ID# Project Cost Per DUE (1) Mainline Highway Projections 1 SR -99 2 SR -99 3 1-5 4 1-5 5 1.5 6 1-205 7 SR -4 Extension 8 SR -99 Widening 9 SR -99 10 SR -99 11 SR -99 Widening 12 1-5 13 SR -99 Widening 14 SR -4 Crosstown Widening 15 SR -26 Widening 16 SR -4 Widening 17 SR 99 @ Crosstown Freeway 18 1-5/SR 4 @ Crosstown Freeway 19 1.5JSR-120 20 SR -120 21 SR -12 22 SR -99 23 SR -99 24 1-5 25 1-5 Widening 26 SR -12 @ i-5 27 SR -99@ SR -88 28 SR -99@ SR -26 29 SR -26 30 SR -120 West of Escalon 31 SR -120 East of Escalon 32 SR -88 $47.20 $13.50 $151.70 Interchange MadifieVons, Reconstructions, and Imprvywents 33 1-5@ Lathrop Road $17.08 34 1-205 @ Paradise/Chrisman $79.34 35 SR -99 @ SR -12 (Kettleman Lane) $24.22 36 SR -99 @ Harney Lane 37 SR -99@ North Main 38 SR -99 @ Austin Road $28.60 39 SR -120@ McKinley $30.78 40 SR -99@ Olive Rd. $38.79 41 SR -99 @ Eight Mile Road $32.66 42 SR -99@ March Lane/Wilson $102.81 43 1-5@ Arch Sperry/French Camp $28.00 44 SR -99 @ French Camp Road 45 SR -99 @Arch Sperry Road 46 SR -99 @ Armstrong Road econom,c6 Planning Systems, 0c, 1012412005 25 p.11$WOa11304AR71FUfod*WUECsk_102445 Table 7 Lower Sacramento Road RTIF Fee Calculation 64 San Joaquin RTIF Nexus Study: EPS 915M 548.94 ID# Project Cost Per DUE (1) 47 1-5 @ New Road (N. Gateway) 66 48 SR -99 @ New Road A (N. Gateway) 546.58 49 SR9a Marada Lane 54.00 50 1-S �, fight Mile Road 516.09 51 1-5 @ Otto Drive $38.98 52 1.5 @ Hammer Lane 560.30 53 SR -99@ Mariposa Road 533.40 54 SR -99 @ New Road 5194.02 55 1-5@ Matthews Road West Lane/Airport Way 56 1-5 @ Roth Road 72 57 SR -132 @ 1-5 and Bird Road 564.72 58 1-580 @ Lammers Road Airport Way 59 1-580 @ Coral Hollow Road 74 60 1-2050 Lammers Road 545.31 61 1-205 5 Grantline Road 529.91 Regional Roadway Improvements 62 Lower Sacramento Road $25.47 63 Lower Sacramento Road 90 64 Eight Mile Rd. 548.94 65 Pacific Avenue 540.22 66 March Lane 546.58 67 March Lane 526.02 68 West Lane 557.55 69 West Lane 5264.18 70 West Lane 5194.02 71 West Lane/Airport Way 5319.80 72 Airport Way 564.72 73 Airport Way $77.49 74 New Road A 75 Thornton Road 521.91 76 Aksland Avenue 515.98 77 Ryde Avenue Bridge 78 Mariposa Road 79 Austin Road 80 Austin Road 81 Austin Road 82 Austin Road 83 Arch -Sperry Rd. 556.20 84 Arch -Sperry Rd. 587.57 85 Arch -Sperry Rd. 522.30 86 French Camp Road 87 Harney Ln. 515.51 88 Jack Tone Rd. 521.03 89 Liberty Road 90 Peltier Road 91 Peltier Road 92 Elliott Road 93 Yosemite Ave Economic 6 Planning Systems, IrtC 7012412005 26 P.11500Mf5W0RTFMQd6WUEC#k_102405 Table 7 RTIF FeeCalculatlon San Joaquin RTIF Nexus Study; EPS#15040 ID# Project Cost Per DUE (1) 94 Mariposa Road 95 Uariposa Road 96 French Camp Road 97 Tracy Boulevard 98 Howard Road 99 Aimort Way $10.55 100 Escalon-Belota Road $3.45 101 Airport Way $4.68 102 Airport Way $21.93 103 Lalhrop Rd. 104 G6den 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 Campbell Avenue 112 Brennan Road 113 Miller Road - 114 South Arterial #1 - 115 Jones Road - 116 River Road Plus Extension - 117 West Ripon Road (2) - PublicTransit 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 RT€F project cost divided by total DUE of 163.319 (2) Project deliveryIs contingent on the results of a feasibility study and pending analysis of the region's expressway reeds Economic& Ptannog Systems. hK 10x2112003 27 A.1f30DOs 15WRnPM*dWDU6Csk;1024W racniolz REGIONAL TRANSPORTATION IMPACT FEE r � Lodi i F = -s Stockton Operating Agreement Lithrop jj P�•1�znt�ca Esc:iibn Ripon Trny w 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, SKOG, 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 21.2005 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 ("EIR") 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 I.I. 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 collectedby 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-FamilyResidential 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 OperatingAgreement 2.9. "Regional TransportationNetwork" 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-FamilyResidentialUnit" 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 Adiustment. 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 l) based on the Engineering News Record California Construction Cost Index. 356601-10 4 October 21, 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 Develooment Proiects. 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. Exemotions 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 Develooment Agreements. All future development agreements entered into by the Participating Agencies shall require the full payment of the RTIF Program Fee. 356601-10 October 27,2005 RTTF Operating Agreement 4.5. Payments for non-residential proiects. 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 proiects. 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 Proj ect shall be proportionally determined based on the following: (a) The fee associated with the type of residence; and, (h) The predominant use of the non-residential portion of the project. 4.7. Previouslv 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. Pumose of RTIF Proeram Fees. Except as otherwise provided in this Agreement, all RTIF Program Fees received by each Participating Agency or SJCOG shall he 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 he distributed as follows: (a). Ten (10) percent of the amounts collected by the Cities shall he paid directly to the County on a quarterly basis for the purpose of funding RTIF Capital Projects within the County of San Joaquin. (h). 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 he 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, Apency 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 (1 %) of the amounts received each year in excess of the initial one million dollars ($1,000,000). 6.3. Initial Third Pam 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 party 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 he 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 subj ect to the limitations provided in sections 6.1 and 6.2 of this Agreement. 6.4. On-eoine Third P a m Costs. On-going third party 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 parry 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. 35660I-10 7 October 27,2005 MU 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 he 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 he 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 Reuorts. 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 g 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 finds are expended or reimbursed within the time periods establishedby 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 35660I-10 9 October 21,2005 ]7i'g' 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. SJCOC CAPITAL PROJECTS SELECTION. 9.1. RTIF Capital Proiects 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. Proiect Inclusion Criteria. The technical basis of the RTIF Program is a list of road improvement projects identified as Capital Projects within the Regional Transportation Nctwork 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 Proiects. 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.I. Highway, intcrehange, 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) J'he project involves a capacity improvement of one or more through travel or passing lanes, or auxiliary lanc5 (i.c. 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. 35660I-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 Proiect 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 competentjurisdiction, 356601-10 1 I October 27,2005 = 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 Esealon By Mayor Date Attest: City Clerk 356601-10 12 October 27, ZOOS 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 21, 2005 WIF 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 21,2005 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: a Garden material and garden supply dealers a 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 5I — 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 21, 2005 F= OperatingAgreement • 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, flame, 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 35660I-10 17 October 21, 2005 = 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 B. Substantial population and employment growth is expected in San Joaquin County t hrough 2025 and beyond. This growth will cause impacts on the Regional Transportation. NetworL- ("Regional Transportation Network" or "RTIF Network") including increased congestion and related impacts unless substantial improvements are completed. The Regional Transportation Impact Fee Program ("RTIF Program") is intended to impose a fee to provide funding for transportation and transit improvements that help mitigate these impacts. New development throughout the County will be subject to the fee which will be proportional to the impact caused on the Regional Tram;portation Network by such new development. D The tunding derived trout the RTIF Program shall be used in combination with other funding available to complete the needed transportation and transit improvements. In the absence of an RTIF Program, existing funding sources, including federal, State, and local sources, will be inadequate to construct the Regional Transportation Network required to avoid the unacceptable levels of traffic congestion and related adverse impacts. N;\Adn)jnistyation\C.ANCITY\OrdiiianceNORDI 767.DOC 1 11512006 E...:.1.10ffice Project" means any Development Project that invoNE s business activities associated w ithp r6fessionall or. administrative services, and typically consists of corporate offices, ... financial' institutions, legal and medical offices, personal ar d laundry services, or similar Ig Category Summary. uses r and religious centers as identified in the RTIF Land Use PA F 'Participating Agencies7means.the County of San Joaquin ar d each of the cities situated in San Joaquin County if such .9 a encies have (1) adopted the R1 IF Program Fee by ordinance and/or resolution and (2) entered into the Operating Agreement. ..:G.. "Rea oral Transportation Jrnpact Fee Program" or "FITIF Progrz m" is the regional p-ograrn established by the .:0perating Agreement by.. the. Participating Agencies and SJCOG to Impose, collect, and .distri.bute a RTIF Program Fee to assist in the funding of transportation improveentto the Regional Transportation Network. rns: K 14egional Transportation Impact Program Fee" or "RTIF Prograrr Fee" or "RTIF Fee" means the fee established by each Participating Agency consistent with the RTIF Program and the Operating Agreement - "Regional Transportation Network" means the regional network Of highways and arterials as identified in the RTIF Technical Repoit and which may be ar erded from time to time by SJCOG, J, "RTIF Capital Projects" or "Capital Projects" or "IRTIF Project List" is the RTIF Program irnnrnvPmPnt,; and oroiects as identified 'n the RTIF Technica( Report and which may be amended from time to time by SJCOC's adoption and amendment of a TTIF Capital Proj . ects Report." K. "RTIF CapjtalProjeQts Report" means the report adopted by SJCOG annually which identifies the FMF Capital Projects as amended from time to lime by SJCOG. L. "RTIF Operating Agreement" or "Operating Agreement" is the Regional Transportation impact Fee Program Operating Agreement establishing the administration of the RTIF Program as adopted by each Participating Agencies and SJCOG which may be amended from time to time by the parties thereto. N:\Adrr3 nil;trationtiCA\CITYNOTdinanceNORDI 767. DOC 2 115/20W unit as identified in the RTIF Land Use Fee Category Summary, 15.65.030 Authority for Adoption This chapter is adopted under the authority of Title 7, Division 1, Chapter 5 of thp...061.1fornia''... Government Code Sections 66000 et seq, (Ord. 1758 1 (part), 2005). 15.65.040 Collection of RTIF Program Fees A. Authorily of the.Public Works Diraetnr. The Public Works Director, or his/her 01 s gnee i hereby authorized to levy and collect the RT!F Program Fee and make all daterhil nations. required by this Ordinance. B, Payment of R IF Program Pees. Paymentof the RTIFProgram Fees shall beas:follows.' 1 The RTIF P rograrn 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. 2. The amount of the RTIF Program Fees shall be the fee amounts in affectat the... time of payment. 3. RTIF Program Fees shall not be waived. C. Pa meat b all �evelo merit Prs acts . Except as otherwise expressly provided.: by this Ordinance, the RTIF Program Fee required hereunder shall be payable by: All Development Projects within the City for which building permits or other entitlements for Development Projects are issued on or after the effective date of this Ordinance, and 2. All Development Projects within the City far which building permits or other entitlements for Development Projects were issued prior to the effective date of this Ordinance 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 City. N:\AdminisLrationNCA\CITVkOrdinay)ce%ORDI 767.DOC 3 115nM6 A Therehabilitation and/or reconstruction cf 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 neve. ev to rn nt Projects for which an application for a vesting tentative map authorized' y Government Code Section 66498.1 was deemed complete on or prior to the effective date cf the introduction of this Ordinance. 4; 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 this Ordinance, wherein the imposition of new fees are: expressly prohibited by the development agreement, provided, however, that if the terra of such a development agreement is extended after the effective date of this Ordinance, the RTIF Program Fee shall be imposed. F Fut�are.Oevelo resent A ree nts. All future development agreements entered into after the effective date of this Ordinance shall require the full payment of the RTI FProgram. Fee. 1. 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. (a) The gross floor area., and (b) The predominant use of the building or structure as identified in the building permit. . 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 F.Previc�tasl Paid RTIF F�rc rant Fees. In the event that RTIF Program Fees have previously bee 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. . 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 N:IAdMnisU-ition\CA%CI'1" QrdinasicelORD17G7.DOC 4 1/512006 payment of RTIF Program Fees by a developer pursuant to an agreement ; developer and the City, the developer may be reimbursed or credited for futur for any costs based on the actual casts of construction cf the RTIF Capital Prc by the developer in excess cf the amount the RTIF Program Fees that Development Project. 15.65.6501 Fee Rate and Calculation A. Esta lishir _the ro ramfee, The amount cf the RTiF program fee for . projects shall be consistent with the provisions of this ordinance and the R` report and shall be established by a resolution of the City Council. B. Annual ad'ustment. The RTIF Program Fee shall be automatically adjusted basis at the beginning of each fiscal year (July 1) based on the Engineering 20 Cities Construction Gast Index. 15x65.060 Administration cf the RTIF Program A BT account or RTIF funds. All fees collected pursuant to the RTIF Program deposited in a RTIFaccount or RTIF fond and shall not be commingled with The contents of this RTIF" fund shall be designated solely for the purpose of ci the financing of the RTIF Capital Projects included in the RTIF Capital Project; for the funding of incidental administrative costs. Any interest income earned fund shall also be deposited therein and shall only be expended for the purl forth in this Ordinance. B Prohibition on Interfund Transfers or Loans. [Notwithstanding subsection (b)(1)( 660036 of the Government Code there small be no interfund transfer, grant, o' RTIF Program Fees or RTIF fund or RTIF account to other City accounts, fund or fees. However, the City may provide loans, grants, or transfers of RTIF Prod gather Participating Agencies or SJCOG provided that such funds are consist RTIF Programme and used for the development or construction of RTIF Capital Fart 15.65.070 Existing City of Lodi Development Impact Mitigation Fee Program A. The City of Lodi Development Impact Mitigation Fee program pursuant to Municipal Code Title 15 Chapter 15.64 shall be adjusted on any future projects that are identified in the approved RTIF Project Ust to ensure continued compliance with the Fee Mitigation Act (Gov. Code §§ 66000 et sect.). etmom7 2 m No Mandatory . of mare,. This ordinance is not intended to and shall not be construed or given enact in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by lave. Section-everabilit If any one or more of the terms, provisions, or sections cf this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. N:\AkininistmtionlCA\CITY\O dinan=%ORDt767.DOC 5 1fW006 as to Fora. SUSAN J. BLACKST®N City Clerk N:1AdministrO ion1C.A1C ITY\Ordinancc\Ol2DI767-DOC 6 11512(105 RESOLUTION NO. 2006-24 A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING THE SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEE PROGRAM OPERATING AGREEMENT WHEREAS, the City Council of the City of Lodi adopted the San Joaquin County Regional Transportation Impact Fee (RTIF) Program Ordinance No. 1767 and the RTIF Technical Report on January 4,2006. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby establish the following fees to be collected by the City of Lodi for the RTIF Program pursuant to the San Joaquin County RTIF Program Ordinance and Technical Report. The rate of the fee applicable to any particular Development Project shall be as follows: (a) $2,500 for each single-family residential unit (b) $1,500 for each multi -family residential unit (c) $1.00 for each square foot of a retail project (d) $1.25 for each square foot of an office project (e) $0.75 for each square foot of an industrial project BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Managerto execute the RTIF Program Operating Agreement; and BE IT FURTHER RESOLVED that the fees shall be collected, administered, and adjusted consistent with the San Joaquin County RTIF Program Ordinance, the RTIF Technical Report, and the Regional Transportation Impact Fee Program Operating Agreement. Dated: February 1, 2006 hereby certify that Resolution No. 2006-24 was passed and adopted by the Lodi City Council in a regular meeting held February 1, 2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — Beckman SUSAN J. BLA KSTON City Clerk 2006-24 01/24/2006 13: 29 2093691684 LODI NBW SENTINEL PAGE 01/01 PROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA County of San Joaquin I am a citizen of the United States and a resident of the County aforesaid I am over the age of eighteen years and not a party to or interested in the above entitled matter. I ama the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundays and holidays, in, the City of Lodi, California, County of San Joaquin and which newspaper had been adjudicated a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, underthe date of May 26th, 1953• Case Number 65990;that the notice of which the annexed is a printed copy (set in type not smallerthan non-pareil) has been published in each regular and ezitire issue of said newspaper and not in any supplement thereto on the following dates to -wit: January 9th, 16th, all in the year 2oo6_ Icertify (or declare) under the penalty ofpen ury that the foregoing is true and correct. Dated atdii, Californ� ' 16th day of January+ . ........... Signature This space is forthe Couaty CerPs Filing Stamp Proof of Publication of pecial NUce of Public Hearing for February 1, 2006 xr the Adoption ofthe S a n Joaquin County Regional ransportation Fee and authotizin; the City Nianaaer to xecut'e the Fee PrograznOperatsn� Agreement at: ?hMXKACame, a .;'mw OOIId00! M P� bMnigtleflu: , . ar or �r4i41f' q'.all� ey onrr..ih�tl+bn4 APp!�difi'rb.'irnm: . ��ol�h?ooi 5,511091 F pP Please immediately confirm receipt of thisfax by calling 333-6702 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: ThursdayJanuary5,2006 ORDERED BY: JEN.IIIFER M. PERRIN, CMC DE UTY CITY CLERK DA A R. CHAPMAN ADMINISTRATIVE CLERK SUSAN J. BLACKSTON CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK Famed to the Sentinel at 369-1084 at _3D0 � (r� P� (date) (pages) I LMS -- Phoned to confirm receipt of all pages 4Fb JLT ;_ . -_ _ (initials) 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. I declare under penalty of perjurythat the foregoing is true and correct. Executed on January 6, 2006, at Lodi, California. ORDERED BY: JENNIFER M. PERRIN, CMC D UTY CITY CLERK ' 0""J DANA R. CH PMAN ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK EDWARD BARKETT A FRED BAKER DELMAR BATCH ATLAS PROPERTIES INC PO BOX 1510 2800 W MARCH LN STE 250 11174 N DAVIS RD LODI CA 95241-1 51 0 j LODI CA 95242 STOCKTON CA 95219-8218 IIIIIIIII�IIIIIIIIIIIIIIIlll E111111111111111111[IIIIIFI H IIIIFIIIlIlIfllIIIIIIIfI111111111I1I11111I I111I1F1FI111f1 111It11111111I1I1111 11111 1111111 DENNIS BENNETT DARYL BROWMAN STEVE SINNOCK BENNETT DEVELOPMENT BROWMAN DEVELOPMENT KJELDSEN SINNOCK & NEUDECK PO BOX 1597 100 SWAN WY STE 206 PO BOX 844 LODI CA 95241 OAKLAND CA 94621 STOCKTON CA 95201-0844 Illi lIIIF11111111111111111111111 IIIIIIIIIIIIIIIIIII1111111111111 I I I I I III I I I I I I 1111111111111111111 Rill 1111 1 1 F1111 I ti CECIL DILLON DALEGILL,ESPIE DILLON & MURPHY ENGINEERING GEWEKE PROPERTIES PO BOX 2180 PO BOX 1210 LODI CA 95241-2180 LODI CA 95241 1111tl11lIIlII,III,111,11111fIIIIIIIIlil111,1111111111111 1111111111111111,1,11111111l1l,i JOHN GIANNONI MARK CHANDLER EXEC DIR GIANNONI DEVELOPMENT LODI WOODBRIDGE GRAPE COMM 2575 W TURNER RD 2960 APPLEWOOD DR LLODI CA 95242 ODI CA 95242 II,Irlrl,Il,tlllrf 11111[11111111 JEFFREY KIRST MAMIE STARR TOKAY DEVELOPMENT INC LUSD PO BOX 1259 1305 E VINE ST WOODBRIDGE CA {95258 LODI CA 95240 11111111111111111111111!11111111 11111111111111111111111111111111 DARRELL SASAKI RON THOMAS DRS REAL ESTATE APPRAISALS RTHOMAS DEVELOPMENT INC 1806W KETTLEMAN LN STE 1 PO BOX 1598 LODI CA 95242 LODI CA 95241-1598 11111Irllllr111111111rrlrflrt111 II,Irrrl,ItlrLf1111!rlrll1111111111111111111111lr1[,!III WENTLAND SNIDER MCINTOSH LWM SOUTHWEST INC 301 SHAM LN STE A C/O WENTLAND HAMMOND LODI CA 95242 301 S HAM LN STE A 11111r1lIIr,r111111II1rIrIIEFIII LODI CA 95242 RUSS MUNSON ED CORNEJO WINE & ROSES KB HOME NORTH BAY INC 2505 W TURNER RD 2420 DEL PASO RD LODI CA 95242 SACRAMENTO CA 95834 I I 111111111111111111111111111111 MICHAEL E LOCKE CEO THOMAS SMITH SAN JOAQUIN PARTNERSHIP FOX CREEK DEVELOPMENT INC 2800 W MARCH LN STE 470 1171 QUARTZ DR STOCKTON CA[ 95219 II III I111If ElIIIIIII1111![111III AUBURN CA 95602 PAT PATRICK DR CHRIS KESZLER LODI CHAMBER OF COMMERCE 816 W LODI AVE 35 S SCHOOL ST LODI CA 95240 LODI CA 95240!IIlII11,1lrr111111I111,r1111111 II,Lrrlr111t1l1111IIH111111111 LOWELL FLEMMER KATZAKIAN WILLIAMS SHERMAN 777 S HAM LN STE A LODI CA 95242 11111111111,IIIIIi,I[Irilllltill RICK CHURCHILL PROFESSIONAL CONSTRUCTORS 5635 STRATFORD CIR STE C45 STOCKTON CA 95207 STEVE PECHIN BAUMBACH & PIAZZA 323 W ELM ST LODI CA] 95240 II1111111111111111111111 (1111111 LEX CORALES SIEGFRIED & ASSOCIATES 4045 CORONADO AVE STOCKTON CA 95204 111111! 1111111 flIIIIIIIIIIII1711 TOM DOUCETTEMIM JIMISON FRONTIERS 10100 TRINITY PKWY STE 420 STOCKTON CA 95219 KEVIN SHARRAR BIA OF THE DELTA 509 W WEBER AVE STE 410 STOCKTON CA 95203-3167 CHUCK EASTERLI NG HESSELTINE REALTY 222 W LOCKEFORD ST STE 3 LODI CA 95240 II,IIr, 111111111,111 !111111! r,il RICHARD HANSON CLUFF LLC 908 W TURNER RD LODI CA 95242 JOHN COSTAMAGNA KRISTMONT WEST INC ANTONIO CONTI PO BOX 131 7700 COLLEGE TOWN DR STE 111 CONTI &ASSOCIATES INC WOODBRIDGE CA 95258 SACRAMENTO CA 95826 PO BOX 1396 WOODBRIDGE CA 95258 WAYNE CRAIG SANDHILL DEVELOPMENT 2424 COCHRAN RD STE 1 LODI CA 95242 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 Noticed Public Hearing for the Adoption of the San Joaquin County Regional Transportation Fee and authorizing the City Managerto executethe fee program operating agreementwas posted at; Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I 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 .L&"4vJ DANA R. CHAPMAN ADMINISTRATIVE CLERK N:\Administrafion\CLERK\Forms\DECPOST.DOC ORDERED BY: SUSAN J. 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 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 Cierk Dated: January 4,2006 Approved as to form: D. Stephen Schwabauer City Attorney CLERMPU8HF.ARYNOTICESh02-01.06 RTIF PH.doc V5106 CITY COUNCIL CITY OF LODI SUSAN HITCHCOCK. Mayor CNne BOB JOHNSON, Mayor Pro Tempore JOHN BECKMAN +, LARRY D. HANSEN JOANNE MOUNCE PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET! P.O. BOX 3006 LOOI, CALIFORNIA 95241-1910 TELEPHONE (209) 333-6706 / FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:/Iwww.lodi.gov January 26,2006 Mr. Andy Chesley Pennino& Associates San Joaquin Council of Governments 1502 Keagle Way 555 E. Weber Avenue Lodi, CA 95242 Stockton. CA 95202 BLAIR KING, City Manager SUSAN J. BLACKSTON. City Clerk D. STEPHEN SCHWABAUER, City Attorney RICHARD C. PRIMA, JR.. Public Works Director SUBJECT: Public Hearing to Consider Resolution Adopting the San Joaquin County Regional Transportation Impact Fee (RTIF) 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, February 1, 2006. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. 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-deliverthe 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 Wally Sandelin, City Engineer, at (209) 333-6709. I Richard C. Prima, Jr. Public Works Director RCP/ pmf Enclosure c-: City Clerk J:%I MFees1RT1 FINCPH_Fee.doc