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HomeMy WebLinkAboutAgenda Report - November 2, 2022 G-01 PHCITY OF �% - D 2 C A L I F O R N I A AGENDA ITEM -r COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Adopting a Resolution Setting the San Joaquin County Multi - Species Habitat Conservation and Open Space Plan Development Fees For 2023 MEETING DATE: November 2, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION: Public hearing to consider adopting a resolution setting the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan development fees for 2023. BACKGROUND INFORMATION: On February 21, 2001, the City of Lodi adopted the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). The Plan includes a schedule of fees to be paid by property owners who propose to develop their property with non-agricultural uses. These fees are used to mitigate for the cumulative impacts of new development on habitat lands within Lodi and San Joaquin County. It is necessary for all jurisdictions covered by the Plan to approve the Habitat Conservation Plan (HCP) fees in order for the jurisdiction to continue to participate in the Plan. The fees are reviewed on an annual basis. The 2023 per acre fees for all categories of habitat land have reduced by 1.6% based on the reduction in land acquisition costs. Open Space lands are $9,629.00 per acre. Agriculture and Natural lands (the two largest categories) are $19,255.00 per acre. Fees for Vernal Pool habitat lands (uplands) are $75,320.00 per acre and Vernal Pool (wetted lands) are $176,878.00 per acre. The San Joaquin Council of Governments Board approved the HCP fee schedule for 2023 during their August 2022 board meeting. The Board coordinates the review of land costs to ensure that the current land mitigation costs will satisfy habitat conservation and purchases. All local jurisdictions are requested to approve the new fee schedule that will take effect on January 1, 2023. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable, L5�a (9-4x John R. Pella Monica, Jr. CommuIfity Development Director Attachments: 1) Fee Schedule for 2022 2) SJCOG Staff Report with Fee Analysis Update Summary APPROVED: -_ Stephen Schwabauer, City Manager SJCDG, Inc. Robert Rickman CHAIR David Bellinger VICE CHAIR Diane Nguyen EXECUTIVE DIRECTOR Member Agencies CITIES OF ESCALON, LATHROP, LODI, MANTECA, RIPON, STOCKTON, TRACY, AND THE COUNTY OF SAN JOAQUIN SJCOG, Inc. 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438 San Joaquin County Multi -Species Habitat Conservation & Open Space Plan (SJMSCP) 2023 Updated Habitat Fees* Habitat Type Fee Per Acre Multi -Purpose Open Space $9,629 Natural $19,255 Agriculture $19,255 Vernal Pool - uplands $75,320 Vernal Pool - wetted $1761878 * Effective January 1, 2023 — December 31, 2023 2023 Endowment Fees with In -lieu Land** ** Effective January 1, 2023 — December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres. VELB Mitigation A special fee category shall apply when removal of the Valley Elderberry Long -horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCDG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first. Enhancement Land TOTAL PER Type of Preserve Cost/acre Management ACRE Cost/acre ENDOWMENT Agricultural Habitat Lands $5,769.00 $769.97 $6,539 Natural Lands $5,769.00 $769.97 $6,539 Vernal Pool Habitat Vernal Pool Grasslands $14,491.00 $1,901.76 $16,393 Vernal Pool Wetted $117,102.00 $1,864.45 $118,966 ** Effective January 1, 2023 — December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres. VELB Mitigation A special fee category shall apply when removal of the Valley Elderberry Long -horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCDG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first. 8/2022 SJCOG, Inc. STAFF REPORT SUBJECT: 2023 SJMSCP Development Fee Annual Adjustment RECOMMENDED ACTION: Motion to Approve the 2023 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model SUMMARY: Using the adopted five-year financial analysis model to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, HTAC Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2022. The goal of the annual analysis is to establish the next year's habitat plan fees paid by the development project. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A — Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration). Table 1— HTAC Financial Subcommittee Members: John Beckman, BIA Matt Diaz, Stockton Zachery Kearns, CDFW Dan Gifford, Conservation Alisa Goulart, SJ County I\ Cat A HILL— I 2023 SJMSCP Fees The proposed 2023 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five -Year Financial Model Update for the respective categories and are compared to the 2022 SJMSCP Development fees (Table 2) in the most common habitat categories under the plan. The change is an overall decrease of 1.6% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. The decrease is due primarily to a dip in the land acquisition component (Category A) for agricultural land price 1.6% values of comparable sales even though there was an unusually robust rise in the reported Consumer Price Index (CPI) for Categories B and C. Table 2- Compared 2023 & 2022 SJMSCP Development Fees — Most Common Fee Habitat Types 2023 Fee - Proposed 2022 Fee - Adopted Difference Percent Change Agricultural/Natural $19,255 $19,561 $306 1.6% Table 3 illustrates the history of the SJMSCP development fees over the years since the funding shortfall was noted by the permitting agencies in 2006. The fees can fluctuate primarily based on the Category A - acquisition component of the fee formula over time. Table 3- History and Annual Percentage Change for SJMSCP Development Fees Projects participating under the SJMSCP benefit from a predetermined, streamlined processing of the project rather than navigating through a potentially very long, cumbersome, and expensive regulatory process outside the habitat plan. By voluntarily opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are: 1. Pay the applicable fee. 2. Redesign the project to avoid/minimize impacts. 3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate directly with the seller on the easement/fee title costs (Category A component). 4. Any combination of the above options. And if those options are not sufficient, the project proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently. RECOMMENDATION: The HTAC Financial Subcommittee and the HTAC make the recommendation to SJCOG, Inc. Board to Approve the 2023 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model. FISCAL IMPACT: Development fees provide funding for SJCOG Inc. to mitigate project impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1. BACKGROUND: 2007 Fee Category Financial 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Updatr# Multi -Purpose $6,511 $6,165 $7,052 $7,307 $6,631 $7,195 $6,364 $6,656 $7,281 $7,807 $8,905 $9,701 $6,700 $6,412 $8,682 $9,781 Open Sp- $13,022 $12,329 $14,104 $14,615 $13,262 $14,372 $12,711 $13,295 $14,543 $15,596 $17,808 $19,400 $13,399 $12,822 $17,363 $19,561 Agriculture/Natural $69,858 $71,125 $78,353 $80,760 $77,720 $81,989 $78,311 $80,972 $85,631 $90,273 $109,737 $116,871 $101,033 $100,788 $161,286 $174,040 (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) Vernal Pools $34,958 $35,143 $40,565 $42,071 $38,328 $41,534 $37,087 $39,047 $42,784 $46,869 $66,437 $72,523 $54,576 $52,833 $71,544 $80,453 (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) Percentge of -5.3% 14.4% 3.6% -9.3% 8.4% -11.6% 4.6% 9.4% 7.2% 14.2% 8.9% -30.9% 4.3% 35.4% 12.7% Change Yearly ChangeY rly Projects participating under the SJMSCP benefit from a predetermined, streamlined processing of the project rather than navigating through a potentially very long, cumbersome, and expensive regulatory process outside the habitat plan. By voluntarily opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are: 1. Pay the applicable fee. 2. Redesign the project to avoid/minimize impacts. 3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate directly with the seller on the easement/fee title costs (Category A component). 4. Any combination of the above options. And if those options are not sufficient, the project proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently. RECOMMENDATION: The HTAC Financial Subcommittee and the HTAC make the recommendation to SJCOG, Inc. Board to Approve the 2023 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model. FISCAL IMPACT: Development fees provide funding for SJCOG Inc. to mitigate project impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1. BACKGROUND: Annually, the SJMSCP development fees are reviewed and calculated using a formula method adopted under the habitat. The three components of the formula are adjusted using a specific mechanism, which relates to the individual component in the fee based on the most current data. The development fees established must be adopted by each of the jurisdictions and would become effective on January 1 of the subsequent year for projects using the SJMSCP. Cat ACat B Cat C Fee Category A (Acquisition) — Comparable Land Sales This category is directly related to land valuation based on comparable land sales in San Joaquin County in specific zones of the plan area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established two-year period meeting the established criteria used for comparable land sales (Attachment 1). Cost estimates for this category will continue to be evaluated on a yearly basis by taking all qualified fee title comparable sales in each zone to set a weighted cost per acre. Also, during the third year of the five-year cycle, the HTAC Financial Subcommittee reviewed the percentage of easement value to fee title value percentage used in the fee model for this category which was part of the 2020 model update. The percentage rose slightly from 56% to 58% which was incorporated into going forward until next 5 -Year Review process. The fee model update results in a 6.5% decrease in the AgriculturaUNatural Habitat types of Category A (Acquisition) component to be $12,716. The reason for the decrease is the small dip in overall comparable fee title land sale values from prior year jumps. Category B (Assessment and Enhancement) — Refined Cost Factors with Consumer Price Index and Model Data Update The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the preceding 12 -month fiscal year (June 2021 — June 2022) and from the updated model numbers based on the SJMSCP Annual Report. The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 8.3%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These factors all feed into the fee model. The fee model update results in a 9.8% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $5,769. Category C (Management, Monitoring and Administration) — Refined Cost Factors/Long Term Investment with Consumer Price Index Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12 -month fiscal year (June 2021 — June 2022) to keep up with inflation on an annual basis. The fee model update results in an 8.3% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $769.97. In summary, the SJMSCP fees is calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and Fee Analysis 2023 Update). The overall result in the fee analysis is a 1.6% decrease in the most impacted Agricultural and Natural Habitat Classifications fees for 2023. Table 4 - 2023 SJMSCP Development Fees - Proposed Habitat Type Category A Category B Category C Total Fee Rounded Fee Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 COMMITTEE ACTIONS: • HTAC FINANICAL SUBCOMMITTEE: Recommended Approval to HTAC • HTAC: Recommended Approval • Management and Finance: Information • Executive Committee: Information • SJCOG Inc. Board: August 25, 2022 Prepared by: Steven Mayo, Program Manager Attachment !— 202 Fe Study Prpet L!# - Props 24 Month / 7§� ,K `|||x r. y,,,:.�2�.�@� �9|(� 2 u,1e:�i. .Nip ,. 9Q •� 2(,38 ; n / .;f| !!!|| \)VL � _ �'■!)NN§! - \\ �- _ s m ... 11 r : :�_;M IM ;m.. 2;:[ : nLg- ::>\\ �� TIT � ^ [(�((\� �|/�� �|�� §N( ! f 7 � Attachment 2 — SJMSCP Cost and Fee Analysis 2023 Update FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents Notes to User Fee Summary Comparison Al PerAcreCostFactorsbyZone A2 PerAcreAcquisitionCost A3 AcquisitionCostHabitatType A4 AcquisitionFEE B1 PreserveEnhancementCost B2 AssessmentEnhancementCost B3 AssessEnhancementCostAl location B4 AssessmentEnhancementFEE C MonitoringAdminFEE For 5 -Year Update Only => C1 MonitoringCost C2 PMAdminCost C3 Permit Term Cost Adjustments C4 Endowment C5 MonitoringAdminCostAlloc C6 MonitoringAdminFEE Source for update acres => 1 SJMSCP Acres 6_4_2015 2.1 RemainingPreservetoAcquire 2.2 Preserves_ Habitat_ Zone_ 2019 3 Cumulative Take_Remaining 4 PreserveAcquisitionSchedule Fund Balance Analysis => 5 Fund Bala nceAllocation 131 ExistingPreserveEnhanceCost List of worksheet tabs and contents Model overview and instructions for annual updates Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update Per acre easement cost factors by zone based on input from comparables and appraisal analysis Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs Total acquisition cost by habitat type, for preserves remaining to be acquired Category A fee by habitat type, based on remaining land conversion Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired Category B fee by habitat type, based on remaining land conversion Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update Workbook break: the following tabs for Category C are only used in the 5 -year economic analysis update Monitoring cost factors by habitat type, including post -permit annual cost; costs for remainder of permit term, all preserve acres Project management and administrative cost factors, including post -permit annual cost; costs for remainder of permit term, all preserve acr Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee Endowment cash flow, return assumptions, and total in year 51 to support post -permit annual cost Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost Category C fee by habitat type, based on remaining land conversion Workbook break: the following tabs are updated annually and every 5 years for acres inputs Land conversion and preserve acres by habitat type for the 50 -year permit term (source table) Preserve Acres, Total and Remaining to be Acquired (from Table 1 and Annual Report updates) Detail on preserve acquisition by habitat type and zone for use in monitoring cost estimates (not used in annual updates) Allowed and Remaining Incidental Take Acreage (from Table 1 and Annual Report updates) Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term (from Table 2.1 and 2.2) Workbook break: the following tabs are updated every 5 years for Category C cost analysis Allocation of Fund Balance to Category B and Category C (permit term) and post -permit endowment Estimate of enhancement costs on existing preserves with updated cost factors, to allocate fund balance to Category B DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - TABLE OF CONTENTS - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 This workbook of linked worksheets calculates SJMSCP Impact Fees for Categories A, B, and C. The workbook contains all of the elements needed for annual updates as well as the framework for the more complex 5 - year economic analysis updates. Action items for annual updates indicated in red italics. Category A and Category B are fees for one-time costs for land acquisition, enhancement, restoration and associated site assessments and planning. These fees will be updated annually by updating the per -acre cost factors and updating the acres remaining to be acquired and the remaining acres of land conversion based on data from SJMSCP Annual Reports. - Category A per -acre cost factors updated by annual comparables analysis, as established in past practice, and evaluation of easement cost percent of fee title based on SJMSCP appraisals - Category B per -acre and annual cost factors updated by applying California CPI to unit cost factors - The total costs in Category A and Category B for each annual update will reflect the acres remaining to be acquired and the fees for each annual update will reflect the remaining acres of land conversion from SJMSCP Annual Reports. Category C is a fee for on-going annual costs for the remainder of the permit term and post -permit in perpetuity. practice. - Incorporating Annual Report data in the annual updates of on-going permit term and post -permit costs adds unnecessary complexity to the annual update of this component of the SJMSCP fees. the endowment cash flow analysis required to estimate post -permit costs, are more complex work efforts not justified to generally keep Category C fees in line with annual cost inflation. Moreover, because management and administration costs are not sensitive to habitat type, it is not as important to account for the annual variation in preserve acquisition and land conversion captured in the annual updates to Categories A and B. Components of the workbook: 1. The Fee Summary Comparison worksheet compares calculated updated fees to fees currently in effect and includes the California CPI for Category C updates. 2. Category A tabs Al - A4 calculate the fees for Category A Acquisition. 3. Category B tabs 131 - B4 calculate the fees for Category B Assessment and Enhancement. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 4. Category C Fee tab shows the fees by habitat type calculated in the 2020 Economic Analysis Update, the basis for the UPDATE ONLY the SJMSCP Annual Report; Table 4 showing the preserve monitoring schedule by habitat type and zone is used only in the 5 -year update. 7. Tables 5 and 131 ExistingPreserveEnhanceCost provide the fund balance analysis completed every five years as part of the Category C update. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Fee Summary Comparison Calculates new annual fees and compares to prior year adopted fees. 1. Paste values of prior year adopted fees in cells C11:E14. 2. Insert updated annual California CPI factor in cell F1. 3. Updated fees for Category A show in cells C5:C8 and updated fees for Category B show in cells D5:D8. The fees are linl 4. Formulas in cells E5:E8 calculate Category C fee update amounts based on prior year adopted fee amounts in cells E11:E14 and the California CPI. Category A Acquisition A.1 Category A Per -Acre Acquisition Cost Factors by Zone Delta. 2. Update SJCOG, Inc. appraisal list each year and calculate weighted average percent by dividing cumulative total easement value (cost) by cumulative total before value (fee title value). 3. Value of Southwest Zone easement cost remains unchanged until experience indicates it should be updated. A.2 Per -Acre Acquisition Cost Factors by Preserve/Habitat Type No annual input needed. Links and formulas calculate total cost factors per acre for each habitat type. 1. Easement cost factor input linked from A.1. 2. Distribution by preserve type is not changed from 1996 Economic Analysis. 3. Transaction cost and VP acquisition assumptions not changed. A.3 Total Acquisition Costs by Habitat Type, Remainder of Permit Term No annual input needed. Links and formulas calculate total cost for each habitat type. 1. Land acquisition cost factors linked from A.2. 2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report). A.4 Fee Calculations No annual input needed. Links and formulas calculate fee for each habitat type. 1. Cost by habitat type linked from A.3. 2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report). DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category B Assessment and Enhancement B.1 SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost factors per preserve acre refined, and update of costs for enhancements and restoration. 2020 Analysis included further cost updates based on actual SJCOG, Inc. experience and other relevant cost updates. Table calculates weighted average cost per preserve acre for agricultural lands, non -vernal pool natural lands, and vernal pool preserves. Update enhancement cost analysis every five years. formula. Formula references updated annual California CPI factor in cell E1. Formulas calculate updated weighted average cost per preserve acre. 3. Insert updated annual California CPI factor in cell E1 B.2 Category B Assessment, Planning, Restoration and Enhancement Cost Factors 1. Update remaining years in permit term. enhancement plans in the formula. Formula references updated annual California CPI factor in cell C1. Formulas calculate updated annual costs. 3.Insert updated annual California CPI factor in cell C1. 4. Enhancement and restoration cost factors linked from B.1. B.3 Category B Assessment, Planning, Restoration, and Enhancement Cost Allocation by Habitat Type No annual input needed. Links and formulas calculate total cost for each habitat type. factors in B.2. 2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report). B.4 Fee Calculations No annual input needed. Links and formulas calculate fee for each habitat type. 1. Cost by habitat type linked from B.3. 2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report). Category C Monitoring, Management, and Administration C.5 Fee Calculations - Annual Update Only No input needed. Cost and land conversion values frozen based on 2020 Economic Analysis. 1. For 2020 update, Category C fee amounts by habitat type linked to Fee Summary Comparison table. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 2. Update annually by applying California CPI factor to prior year Category C fee amounts, as in past practice. Note: this is done in the Fee Summary Comparison worksheet. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category C Monitoring, Management, and Administration - INSTRUCTIONS FOR FIVE-YEAR UPDATE C.1 Category C (part) Compliance and Effectivement Monitoring Cost Assumptions 1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule. 2. Update monitoring cost factors (annual costs and annual costs per acre). 3. Total costs by type of monitoring for the remainder of the permit term calculated by worksheet formula. With links to Table 4 Preserve Monitoring Schedule. 4. Post permit cost updates by worksheet formula based on updates to detail in rows above. Acres input linked from Table 4 Preserve Monitoring Schedule. C.2 Category C (part) Project Management and Administrative Cost Assumptions 1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule. 2. Update annual management and administrative staff cost and cost allocation, Habitat Plan Environmental Consulting, and Land Manager Coordination costs from analysis of Cumulative Schedule of Receipts and Disbursements in SJMSCP Annual Report, supplemented as needed by cost code detail provided by SJCOG, Inc. staff. 3. Update Financial Plan fFive-Year Review and Update cost based on contracts. 4. Post permit cost updates by worksheet formula based on updates to detail in rows above. C.3 Adjustments for Remaining Fund Balance No input needed. Links and formulas calculate net Category C cost for remainder of permit term. 1. Costs for the remainder of the permit term by cost category linked from Table C.1 and C.2. 2. Category C fund balance as of prior year end for costs on existing preserves linked from Table 5. C.4 SJMSCP Endowment Fund Cash Flow This table uses estimates of annual post permit costs, existing fund balance allocated to post -permit costs (based on cumulative take to date as a share of total take), and interest earnings assumptions to estimate the endowment needed at the end of the permit term to fund annual costs in perpetuity. This analysis is to be updated at each 5 -year economic analysis review. The worksheet solves for fund balance amount in year 51 that generates the annual income to fully fund annual post permit costs. The worksheet calculates the annual fee revenue required over the remainder of the permit term to achieve that fund balance when added to the existing fund balance for management and administrative costs post permit and interest earnings over the remainder of the hermit term. That amount is the total cost to be allocated by habitat tvne remainine to be acquired and links to DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 C.5 Category C Monitoring and Project Management/Adminstration, including endowment for post -permit costs, Cost Alli No input needed. Links and formulas calculate cost for each habitat type. costs by habitat type. 2. Preserve acres remaining to be acquired linked from Table 2 (updated based on SJMSCP Annual Report). C.6 Fee Calculations No input needed. Links and formulas calculate fee for each habitat type. 1. Cost by habitat type linked from C.S. 2. Land conversion remaining linked from Table 3 (updated based on SJMSCP Annual Report). DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Tables 1 - 5 (Source Tables) Table 1 Land Conversion and Preserve Acres by Habitat Type for the 50 -year permit term This table was finalized on June 4, 2015 as part of the Economic Analysis update. This table provides the source data by detailed habitat type for the 50 -year permit term totals. Table 2.1 Preserve Acres, Total and Remaining to be Acquired 1. Total Preserve Acres by habitat type linked from Table 1. 2. Annually, update Total Preserve Acres Acquired through 12/31 from the SJMSCP Annual Report. Note that as of the 2020 update and going forward, grassland acquired to mitigate agricultural land impacts has a new line item in Table 2.1. This amount is deducted from total grassland acquired in cell E11. worksheets. Table 2.2 Preserves Habitat Zone 2019 (new in 2020 update) - ONLY USED ON 5 -YEAR UPDATE Monitoring Schedule. preserve to a habitat type and zone. Note that the habitat type represents the type of habitat acquired regardless of the type of impacts mitigated, i.e, grassland preserves acquired to mitigate agricultural impacts are categorized as grassland preserves in this table. Table 3 Allowed and Remaining Incidental Take Acreage 1 and Table 4.2-2. 2. Annually, update the Cumulative Acres of Take through 12/31 from the SJMSCP Annual Report. 3. Remaining Acres of Land Conversion calculated by worksheet formula; links to cost and fee calculation worksheets. UPDATE This table is used in Table C.1 Monitoring Cost All Acres to calculate monitoring costs for the remainder of the permit term for all preserve acres, assuming future acquisition at an average annual pace calculated by dividing the number of acres remaining to be acquired by the number of years remaining in the permit term. 1. Preserve acres remaining to be acquired by zone linked from Table 2.1 (updated based on SJMSCP Annual Report) and Table 2.2 (updated every 5 years). Column C. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 3. At five-year update, double check the formula count of years remaining in permit term in cell C42. This is used as the denominator of the cell formulas for the monitoring schedule above. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 5 Fund Balance Allocation - ONLY USED IN 5 -YEAR UPDATE This table is used in Table C.3 Permit Term Cost Adjustments to calculate the net Category C costs for the remainder of the permit term. Category B and Category C fund balance is allocated to permit term and post -permit needs. 1. Every 5 years, update the beginning fund balance from the 12/31 year-end statement. 2. Calculate Category B Fund Balance for Category B Enhancements (remaining enhancement cost for existing preserves) based on Table B.1 ExistingPreserve EnhanceCost (five-year update cost factors applied to existing preserves by type) and subtracting expenditures through the prior year-end on preserve enhancement. 3. Fund Balance for Post -Permit Costs on Existing Preserves is linked from Table C.4 Endowment. This fund balance adjustment is only required for the 2020 five-year update and will not be necessary in subsequent years once the separate post -permit endowment account is established. 4. The table subtracts the Fund Balance for Category B Enhancements and the Fund Balance for Post -Permit Costs on Existing Preserves from the year-end statement balance to generate Remaining Fund Balance for Permit Term Category C Costs on Existing Preserves. This result links to Table C.3 Permit Term Cost Adjustments. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - Fee Summary Comparison - 8/11/2022 Monitoring, Assessment & Management & 2023 Fees - Proposed Acquisition Enhancement Administration, & Total Total Rounded Percent Difference Acquisition Post -permit Total Total Rounded Enhancement Endowment Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 Vernal Pool Grasslands Category A Category B Category C -6.4% -6.4% Vernal Pool Wetted -9.8%1 8.3%1 Monitoring, 1.6%1 1.6% Assessment & Management & 2022 Fees - Adopted Acquisition Enhancement Administration, & Total Total Rounded Post -permit Endowment Other Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781 Natural/Ag Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040 DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - Fee Summary Comparison - 8/11/2022 Monitoring, Assessment & Management & Difference Per Acre ($) Acquisition Enhancement Administration, & Total Total Rounded Percent Difference Acquisition Post -permit Total Total Rounded Enhancement Endowment Other Open Space ($439) $257 $30 ($152) ($152) Natural/Ag Lands ($878) $513 $59 ($306) ($306) Vernal Pool Grasslands ($6,380)1 $1,101 1 $146 1 ($5,133) ($5,133) Vernal Pool Wetted ($6,270)1 $8,966 1 $143 1 $2,839 1 $2,839 DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - Fee Summary Comparison - 8/11/2022 Monitoring, Management & Assessment & Percent Difference Acquisition Administration, & Total Total Rounded Enhancement Post -permit Endowment Other Open Space -6.5% 9.8% 8.3% -1.6% -1.6% Natural/Ag Lands -6.5% 9.8% 8.3% -1.6% -1.6% Vernal Pool Grasslands -9.8%1 8.2%1 8.3% -6.4% -6.4% Vernal Pool Wetted -9.8%1 8.3%1 8.3%1 1.6%1 1.6% DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - Fee Summary Comparison - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Per -Acre Acquisition Cost Factors by Zone (2022 dollars) Primary Zone of Southwest Central Zone the Delta Zone s Fee title value' a $23,038 $18,086 na Easement percent of fee title value b 58% 58% na Easement costs a x b $13,362 $10,490 $1,000 1. SJCOG, Inc. Fee Study Property List, Table A and Table B 2. SJCOG, Inc. Appraisals as of June 2022 3. Based on standard easement cost in Southwest Zone of $1,000/acre. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - Al PerAcreCostFactorsbyZone - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2022 dollars) 1. See Table A.1. 2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis. 3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat. 4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs. 5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - A2 PerAcreAcquisitionCost - 8/11/2022 SJMSCP Zone Total Land Total Primary Zone of Southwest Weighted Transaction s Acquisition Central Zone the Delta Zone Acquisition q Costs Costs Per Preserve/Habitat Type Cost Acre A B C A + B + C = D Dx5%=E D + E Easement cost by zone 1 d $13,362 $10,490 $1,000 Agricultural Lands Percent in zone z e 98% 2% 0% Weighted costs 3 d x e $13,121 $189 $0 $13,310 $666 $13,976 Natural Lands Non -vernal pool natural lands Percent in zone z f 77% 4% 18% Weighted costs 3 d x f $10,323 $466 $183 $10,972 $549 $11,521 Vernal pool grasslands 4 n/a n/a n/a $18,430 $922 $19,352 Vernal pool wetted 4 n/a n/a n/a $18,430 $922 $19,352 1. See Table A.1. 2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis. 3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat. 4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs. 5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPl.xlsx - A2 PerAcreAcquisitionCost - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term ( dollars) Preserves by Habitat Type Land Acquisition Cost Per Acre Preserve Acres Remaining to be Acquired Total Costs of Acquisition Agricultural lands $13,976 38,488.30 $537,912,495 Natural lands Non -vernal pool natural lands $11,521 24,321.84 $280,211,919 Total for Non -vernal pool Natural /Ag Lan $13,025 62,810.14 $818,124,414 Vernal pool grasslands $19,352 15,720.66 $304,226,116 Vernal pool wetted $19,352 2,115.00 $40,929,480 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A3 AcquisitionCostHabitatType - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Acquisition Fee Calculations (2022 dollars) Habitat Type Costs associated with non -vernal pool natural/agricultural lands conversic Natural (non vernal pool)/Agricultural land conversion (acres) , remaining Multi-purpose open space conversion (acres), remaining' Multiplier for natural/agricultural land conversion Multiplier for multi-ourpose open space conversion' Acquisition Component of Natural (non vernal pool)/Agricultural Lands Acquisition Component of Multi -Purpose Open Space Fee' Costs associated with vernal pool grasslands Vernal pool grassland conversion (acres), remaining Acquisition Component of Vernal Pool Grasslands Fee Costs associated with vernal pool wetted Vernal pool wetted conversion (acres), remaining Acquisition Component of Vernal Pool Wetted Fee Preserve Land Acquisition $818,124,414 47,278.09 34,122.94 1 0.5 $12,716 $6,358 $304,226,116 5,162.74 $58,927 $40,929,480 706.75 $57,912 1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non -vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non - vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements. Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A4 AcquisitionFEE - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2022 dollars) Habitat Type Total Preserve Acres (including neighboring lands preserves) Percent of Preserve Acres Enhanced' Acres Benefiting from Enhancements Hedgerow or Other Linear Habitat Feature ( acres)z Enhancement Cost per Acre Total Enhancement Cost Enhancement Cost per Preserve Acre 1 2 3 4 5 6 7 Agricultural Habitat Land S4 57,935 10% 5,794 776 $80,276 $62,294,403 $1,075 Natural Lands Ditches 378 33% 126 $350,502 $44,163,267 Grasslands 14,559 33% 4,853 $22,160 $107,544,159 Oak woodlands 858 33% 286 $32,789 $9,377,628 Riparian 2,725 33% 908 $96,105 $87,295,757 Submerged aquatic in the Dell 10 100% 10 $66,708 $667,085 Subtotal 18,530 6,183 $40,277 $249,047,895 Other natural land S5 6,445 33% 2,148 $40,277 $86,529,040 Subtotal Non VP Natural 24,975 $335,576,935 $13,437 Vernal pool wetted 2,121 33% 707 $117,249 $82,894,922 $39,083 Vernal pool grasslands 15,811 33% 5,270 $14,133 $74,486,412 $4,711 Subtotal All Natural Lands 42,907 14,309 $492,958,268 Total 100,842 20,103 $555,252,671 1. Enhancement criteria derived from the SJMSCP, Section 5.4.6. 2. Unlike most other habitat types, agricultural lands are enhanced by treating linear teatures that run along the edge of or through tields--teatures such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP. In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedeerows and similar linear features. 3. The enhancement cost applies to the acres where construction and/or installation actually takes place. In the case of hedgerows or other linear features, this is only the relatively small area of activity, not the total area that is thereby enhanced. Enhancement cost includes costs for materials, construction labor, and equipment. In addition to the installation activity, the cost per enhanced acre also includes a cost for project oversight and contract adminstration and three years of maintenance and monitoring. For vernal pool wetted restoration, the cost includes 5 monitoring years during a 10 year post -restoration monitoring period. 4. For agricultural habitat lands, a SJMSCP describes a broad range of enhancement activities and a generalized target of 10 percent enhancement; providing benefits to species without substantially reducing the amount of agricultural land in production. This can be achieved by implementing the linear features described in footnote 2. Pollinator hedgerows or similar linear features enhance the entire field that they are associated with, thereby counting toward the 10 percent enhancement criteria while taking substantially less land out of production. 5. Estimated based on the weighted average cost for all other non -vernal pool natural lands. Sources: Table A.1, SJCOG, Inc., ICF, and Hausrath Economics Group DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 131 PreserveEnhancementCost - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2022 dollars) Remainder of Permit Term Remaining years in permit term 29 1 used in formulae below to calculate costs for the remainder of the permi Biological Site Assessment Number of site visits per year Annual cost Total Site Assessment cost remainder of permit term Preserve Management Plan Preparation 8 assumes 6 hours per visit $7,538 $218,602 Number of management plans per year 12 assumes 40 hours per plan Annual cost $75,377 Total Preserve Management Plan cost remainder of permit t $2,185,933 Preserve Enhancement Plan Preparation Average cost per enhancement plan $4,397 assumes 28 hours per plan for each enhancement project Average acres per project 240 Average cost per preserve acre $18 Preserve Enhancements on Agricultural Lands Enhancement cost per preserve acre Preserve Enhancements on Non -Vernal Pool Natural Lands Enhancement cost per preserve acre Vernal Pool Creation/Enhancement Enhancement cost per preserve acre $1,075 from Table 131 $13,437 from Table B1 $39,083 from Table 131 Vernal Pool Upland Grassland Enhancement Enhancement cost per preserve acre $4,711 from Table B1 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B2 AssessmentEnhancementCost - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement ( dollars) Cost Allocation by Habitat Type Remainder of Permit Term 1. Includes 600 acres of neighboring lands preserves. 2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B3 Assess EnhancementCostAlloc - 8/11/2022 Costs - Remainder of Permit Term Total cost allocated by preserve type multiplied by preserve Cost per acre multiplied by percent of total preserve acres remaining acres remaining to be preserve acres remaining to be to be acquired acquired acquired Acres Remaining Percent Biological Site Preserve Preserve Enhancement Preserve Vernal Pool Preserves by Habitat Type to be Acquired1 of Total Assessment Management Plans Plans Enhancements Restoration Agricultural lands 38,488.30 48% $104,328 $1,043,239 $692,789 $41,384,409 na Non -vernal pool natural lands 24,321.84 30% 65,928 659,252 437,793 $326,800,741 na Vernal pool grasslands 15,720.66 19% 42,613 426,114 282,972 $74,060,792 na Vernal pool wetted 2,115.00 3% 5,733 57,328 38,070 na $82,660,424 80,645.80 100% $218,602 $2,185,933 $1,451,624 $442,245,942 $82,660,424 1. Includes 600 acres of neighboring lands preserves. 2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B3 Assess EnhancementCostAlloc - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2022 dollars) Remainder of Permit Term Habitat Type Biological Site Assessment Preserve Preserve Managemen Enhancement t Plans Plans Agricultural and Non VP Natural Land Enhancement Totalfor Agricultural and Non VP Natural Land (incl. assessment and plans) Vernal Pool Restoration / Enhancement Total for Vernal Pool (incl. assessment and plans) Costs associated with non -vernal pool natural/agricultural lands convers $170,256 $1,702,491 $1,130,582 $368,185,150 $371,188,479 Natural (non vernal pool)/Agricultural land conversion (acres), remaininE 47,278.09 47,278.09 47,278.09 47,278.09 47,278.09 Multi-purpose open space conversion (acres), remaining' 34,122.94 34,122.94 34,122.94 34,122.94 34,122.94 Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion' 0.5 0.5 0.5 0.5 0.5 Assessment & Enhancement Component of Natural (non -vernal pool)/Agricultural Lands Fee $3 $26 $18 $5,723 $5,769 Assessment & Enhancement Component of Multi -Purpose Open Space $2 $13 $9 $2,862 $2,885 Costs associated with vernal pool grasslands $42,613 $426,114 $282,972 $74,060,792 $74,812,491 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fe $8 $83 $55 $14,345 $14,491 Costs associated with vernal pool wetted $5,733 $57,328 $38,070 $82,660,424 $82,761,555 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 706.75 706.8 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $81 $54 $116,959 $117,102 1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non -vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non -vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements. Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 134 AssessmentEnhancementFEE - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update 2020 Five -Year Economic Analysis and Fee Update SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post -permit costs Fee Calculations (2022 dollars) Habitat Type Costs associated with non -vernal pool natural/agricultural lands conversion Non -vernal pool Natural/Agricultural land conversion (acres), remaining Multi-purpose open space conversion (acres), remaining' Multiplier for natural/agricultural land conversion Multiplier for multi-purpose open space conversion' Monitoring & Administration Component of Natural (non -vernal pool)/Agricultural Lands Fee Monitoring & Administration Component of Multi -Purpose Open Space Fe Costs associated with vernal pool grasslands Vernal pool grassland conversion (acres), remaining Monitoring & Administration Component of Vernal Pool Grasslands Fee Costs associated with vernal pool wetted Vernal pool wetted conversion (acres), remaining Monitoring & Administration Component of Vernal Pool Wetted Fee Remainder of Permit Term Post permit Total $38,737,435 49,654.31 34,494.82 1 0.5 $579 $290 $7,387,258 5,163.08 $1,431 $990,979 706.75 $1,402 Note: Net of existing fund balance allocated to Category C permit -term and post -permit costs. Post Permit of Total Fee $6,809,704 $45,547,139 49,654.31 49,654.31 34,494.82 34,494.82 1 1 0.5 0.5 $102 $681 15% $51 $341 15% $1,298,616 $8,685,874 5,163.08 5,163.08 $252 $1,682 15% $174,206 $1,165,185 706.75 706.75 $246 $1,649 15% 1. The fee calculation allocates the costs associated with agricultural habitat and non -vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non -vernal pool natural land) and lower value multi-purpose open space, thereby assisting with the financing of management and monitoring on agricultural and natural lands preserves. Sources: SJCCG, Inc., SJMSCP 2021 Annual Report, ICF, Urban Economics, and Hausrath Economics Group. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - C MonitorAdminFEE - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1 2020 Five -Year Economic Analysis and Fee Update Land Conversion and Preserve Acres by Habitat Type for the 50 -year Permit Term Habitat Type Land Conversion Number of Preserve Acres to Land Conversion Acres Total Preserve Acres for Compensation Neighboring Land Protection Preserves Total All Preserve Percent Acres Total Acres Agriculturallandsz 57,635 1.00 57,635 300 57,935 57% Natural Lands Ditches3 126 3.00 378 378 0.37% Grasslands4 4,853 3.00 14,559 14,559 14.44% Oak woodlandss 286 3.00 858 858 0.85% Riparian 900 3.00 2,700 25 2,725 2.70% Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01% Vernal pool grasslands' VP - wetted surface area 707 3.00 2,121 2,121 2.10% VP - upland grassland 5,187 3.00 15,561 15,561 15.43% VP - Neighboring Land Protection preserves$ na 250 250 0.25% Other natural lands9 2,140 3.00 6,420 25 6,445 6.39% Subtotal Natural Lands 14,202 42,607 300 42,907 42.55% Total 71,837 100,242 600 100,842 100.00% NOTE: In the following footnotes, "type" refers to the mapped habitat unit identified in the SJMSCP Biological Analysis (Chapter 2). The following footnotes provide summaries only and the reader should refer to the Biological Analysis for a detailed description of each habitat type. 1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion. 2. Neighboring Land Protection Preserves consist of ditched agricultural lands providing habitat for giant garter snake and pond turtle and other lands as needed for compensation to other covered species associated with agricultural land preserves. 3. Drainage ditches (unlined) generally found in agricultural fields (D types). 4. Valley grasslands (G types) and Foothill grasslands (G2 types). 5. Blue Oak woodlands, savanna and forests (BL types), Blue Oak Conifer woodlands, savanna and forests (BCN types), Valley Oak Woodland, savanna and forests (V types), and Mixed Oak Woodlands, savanna and forests (O types). 6. This category includes those portions of rivers and major streams located outside the Primary Zone of the Delta (Mokelumne, Calaveras, Stanislaus, and San Joaquin Rivers). These were originally included in a separate "Riparian Zone" during the SJMSCP planning process (i.e., "Riparian" refers to a zone rather than to the "Riparian" habitat type. The Riparian Zone was "absorbed" or combined into its surrounding zone (i.e., Central/Central-Southwest) in the final SJMSCP. It generally included River and Deep water channel (W), Tributary Streams (W2), Creeks -intermittent and perennial (W3, W3 -i, W3 -p), Dead-end sloughs (W-4) and their associated riparian habitats (Great Valley Riparian - R, R2, R3, RS, R4, S, S2). This category includes 25 acres of Neighboring Lands Protection Preserves for Valley elderberry longhorn beetle habitat. 7. Vernal pool grasslands (G3 type) . 8. The vernal pool preserves for Neighboring Land Protection consist of existing vernal pools (no creation requirement). Enhancements will benefit the tiger salamander. 9. This category includes all natural land types except for Vernal Pools. Cost estimates in this category are an average of the costs of acquiring, restoring, enhancing the Natural Land categories specified in the preceding categories excluding Vernal Pools. This category also includes natural lands not included in other categories: All Water Features (W types), Channel islands (I types), tule island and mudflat (12) marsh, and Diablan sage scrub (S3 types) and all other types of Natural Lands. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 1 SJMSCP Acres 6_4_2015 - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1 2020 Five -Year Economic Analysis and Fee Update Preserve Acres, Total and Remaining to be Acquired Preserve/Habitat Type Total Preserve Acres - 50 -year Permit Total Preserve Acres Acquired through 12/31/20212 Total Preserve Acres Remaining to Be Acquired (links to A.3, B.3. and C.4) Agricultural lands 57,935 11,403.699 38,488.30 Grasslands mitigating agricultural land impacts 8,043 Natural lands Ditches 378 - 378.00 Grasslands 14,559 578.510 13,980.49 Oak woodlands 858 - 858.00 Riparian 2,725 44.050 2,680.95 Submerged aquatic in the Delta 10 - 10.00 Other natural lands 6,445 30.600 6,414.40 Subtotal non-vp natural lands 24,975 653.160 24,321.84 Total Non VP Natural/Ag Lands 82,910 20,099.859 62,810.14 Vernal pool wetted 2,121 6.000 2,115.00 Vernal pool grasslands 15,811 90.345 15,720.66 Total 100,842 20,196.204 80,645.80 Notes: 1. Includes six acres of vernal pool jumpstart. 2.The Mizuno Preserve (row and field crop agricultural land preserve) is recorded at 181.449 acres (3 decimals). All other preserve acres recorded at 2 decimals or less. Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2019, and SJCOG Inc. staff. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.1 Remain ingPreservetoAcquire - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2 2020 Five -Year Economic Analysis and Fee Update A. Preserves Acquired by Habitat Type and Zone as of 12/31/2019 SJMSCP Index Zone Habitat Type Centrall Delta I Southwestj Vernal Pool I Total Agricultural lands 6,327.299 4,347.850 10,675.149 Natural lands Ditches Grasslands 243.250 7,121.280 7,364.530 Oak woodlands Riparian 44.050 Submerged aquatic in the Delta Other natural lands 30.600 Subtotal non-vp natural lands 317.900 - 7,121.280 - 7,439.180 Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000 Vernal pool grasslands (upland) 71.760 18.585 90.345 Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674 Source: SJMSCP 2019 Annual Report, Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2019 SJMSCP Index Zone Habitat Type centrall Delta I Southwestj Vernal Pool I Total Agricultural Land 6,327.299 4,347.850 - - 10,675.149 Natural Land 389.66 - 7,121.280 24.585 7,535.525 Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674 Source: SJMSCP 2019 Annual Report, Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff. DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.2 Preserves_Habitat_Zone_2019 - 8/11/2022 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3 2020 Five -Year Economic Analysis and Fee Update Allowed and Remaining Incidental Take Acreage Preserve/Habitat Type Take Authorizations - 50 -year Permit (including multi- purpose open space)' Cumulative Acres of Take through 12/31/2021 Remaining Acres of Land Conversion (links to A.4, B.4. and C.5) Agriculture 57,635 18,070.29 39,564.71 Multi-purpose (other open space) 37,465 3,342.06 34,122.94 Natural lands Vernal pool wetted 707 0.25 706.75 Vernal pool upland grassland 5,187 24.26 5,162.74 All other natural lands 8,308 594.95 7,713.38 Total 109,302 22,031.81 87,270.52 Notes: 1. Land conversion includes results of both Tier 1 and Tier 2 analysis. See Table 1 note 1. Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2021 Annual Report Table 4 DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 3 Cumulative Take—Remaining - 8/11/2022 RESOLUTION NO. 2022-268 A RESOLUTION OF THE LODI CITY COUNCIL SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE FOR 2023 WHEREAS, the City Council of the City of Lodi adopted an ordinance establishing the authority for collection of a Development Fee for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the SJMSCP within the City of Lodi; and WHEREAS, a "Fee Study" dated July 16, 2001, was prepared, which analyzed and identified the costs, funding, and cost -benefit of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan; and WHEREAS, the purpose of the SJMSCP Development Fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to, preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Lodi and in San Joaquin County; and WHEREAS, after considering the Fee Study and the testimony received at the public hearing, the Lodi City Council approved said report; and further found that the future development in the City of Lodi will need to compensate cumulative impacts to threatened, endangered, rare, and unlisted SJMSCP Covered Species and other wildlife and compensation for some non -wildlife related impacts to recreation, agriculture, scenic values and other beneficial Open Space uses; and WHEREAS, an "Updated Fee Study" was prepared in 2006, 2011, 2016, 2020, and 2022 which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP Development Fees are divided into three categories: Category A — Acquisition; Category B — Enhancement; and Category C — Land Management/ Administration as seen in the table below; and 2023 SJMSCP Development Fees fjWWW Type Category A I Category B Category C Total• Fee Rounded Fee Other Open Space $6,358.00 $2.885.00. $385.55 $9,628.55 $9,629 Natural/Ag _ Lands $12,716.00 $5.769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14.491.00 $1.901.76. $75_,319.76 $75,320_ Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176.878.45 1 $176878 WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments, based on the method set forth in this resolution, shall be made to the fees annually; and WHEREAS, the method of annual adjustments was modified in 2011, 2016, 2020 and again in 2022; and WHEREAS, the Updated Fee Study with the SJMSCP and the fee amendment were available for public inspection and review in the office of the City Clerk for more than ten days prior to the date of this Public Hearing. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Lodi as follows: 1. The City Council finds and declares that the purposes and uses of the Development Fee, and the determination of the reasonable relationship between the fees' uses and the type of development project on which the fees are imposed, are all established in Ordinance 1707, and remain valid, and the City Council therefore adopts such determinations. 2. The City Council finds and declares that since adoption of Ordinance 1707, the cost of land has decreased in San Joaquin County over the past year; and that in order to maintain the reasonable relationship established by Ordinance 1707, the adjustment represents a reduction to the Development Fee for the San Joaquin County Multi - Species Habitat Conservation and Open Space Plan. 3. The Development Fee for natural lands, agricultural land, vernal pool habitat and multi- purpose open space conversion shall be consistent with the table identified in Exhibit "A" and attached hereto. 4. The Fee provided in this resolution shall be effective on January 1, 2023. 5. That the Lodi City Council hereby approves the proposed Habitat Conservation and Open Space fee adjustment. Dated: November 2, 2022 I hereby certify that Resolution No. 2022-268 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 2, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-268 Exhibit A SJCOG, Inc. 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438 San Joaquin County Multi -Species Habitat Conservation & Open Space Plan (SJMSCP) Robert HAIRnnan CHAIR 2023 Updated Habitat Fees* C David Bellinger VICE CHAIR Diane Nguyen EXECUTIVE DIRECTOR Member Agencies CITIES OF ESCALON, LATHROP, LODI, MANTECA, RIPON, STOCKTON, TRACY, AND Habitat Type Fee Per Acre ii YPP.urpose O cn Space $9,529 Natural $19,255 Afficulture $19,255 Vernal Pool - uplands $75,320 Vernal Pool -- wetted $176,878 * Effective January 1, 2023 — December 31, 2023 THE SANJOA UIN 2023 Endowment Fees with In -lieu Land** SAN JOAQUIN Enhancement Land TOTAL PER Type of Preserve Cost/acre Management ACRE Cost/acre ENDOWMENT Agricultural Habitat Lands $5,769.00 $769.97 $6,539 Natural Lands $5,769.00 $769.97 $6,539 Vernal Pool Habitat Vernal Pool Grasslands $14,491.00 $1,901.76 $16,393 Vernal Pool Wetted $117,102.00 $1,864.45 $118,966 ** Effective January 1, 2023 — December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres. VELB Mitigation A special fee category shall apply when removal of the Valley Elderberry Long -horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over V in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first. 2023 San Joaquin County Multi-Species Habitat Fees Submitted by Community Development Department In August 2022, the San Joaquin Council of Governments Board approved Habitat Conservation Plan fee schedule: Table 4 - 2023 SJMSCP Development Fees - Proposed Habitat Type ategory A Category B Category C Total Fee Rounded Fee $6,358.00 $2,885.00 $385.55 $9,628.55 $12,716.00 $• • 1 1 $769.97 $19,254.97 $58,927.00 $14,491.00 $1,901.76 $75,319.76 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 These fee adjustments are based upon the required 5 year review financial update. The resulting 2023 per acre fees have reduced by 1.6%, based on the reduction in land acquisition as follows: Open space lands are $9,629/acre Ag. and Nature lands are $19,255/acre (two largest categories) Habitat uplands are $75,320/acre Habitat wetlands are $176,878/acre Recommended Action: Staff is recommending the adoption of a resolution setting the San Joaquin County Multi - Species Habitat Conservation and Open Space Plan Development Fees for 2023 End of Presentation Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION SETTING SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE DEVELOPMENT FEES FOR 2023 PUBLISH DATE: SATURDAY, OCTOBER 22, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: WEDNESDAY, OCTOBER 19, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Emailed to the Sentinel at legals@lodinews.com at 10 ,mime) On ea (pages) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION SETTING SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE DEVELOPMENT FEES FOR 2023 On Thursday, October 20, 2022, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider adopting a resolution setting San Joaquin County Multi -Species Habitat Conservation and Open Space Development Fees for 2023 (attached hereto, marked Exhibit "A") was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on October 20, 2022, at Lodi, California. PAMELA M. FARRIS ASSISTANT CITY CLERK ORDERED BY: OLIVIA NASHED CITY CLERK KAYLE CLAYTON ADMINISTRATIVE CLERK \\cvcfi1v0 I \administration$\Administration\CLERK\Agenda\City Council\Public Hearings\AFFADAV ITS\DECPOST 1.DOC CITY OF LODI Carnegie Forum - 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 2, 2022 Time: 7:00 p.m. For information regarding this notice please contact: Olivia Nashed City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, November 2, 2022, 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 item: a) Adopting a resolutio■ setting San Joaquin County Multi -Species Habitat Conservation and Open Space Development Fees for 2023. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. Comments may be made n person or via the following link: htt s://us06web.zoom.0 s/ /82522868353? wd=cFh1 S2VWUmZHRO CbmZ TitHZ05kQT09 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: QkZuu � Olivia Nashed City Clerk Dated: October 19, 2022 Approv d as to form: TniW_ . Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 332•-6702. CLERnPUBHEAR\NOTICES\notcdd Habitat 10/12/22