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HomeMy WebLinkAbout2003-072 I RESOLUTION NO. 2003-72 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN IMPLEMENTATION PLAN IN CONNECTION WITH THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN OF THE INLAND V ALLEY DEVELOPMENT AGENCY (FORMER NAFB PROPERTIES) 4 5 6 7 8 WHEREAS, the City of San Bernardino (the "City") adopted a Specific Plan for the San Bernardino International Trade Center as proposed by the Inland Valley Development Agency ("IVDA") and as approved by the City on March 18, 1996, which includes approximately 652,1 acres on the former Norton Air Force Base ("NAFB"); and 9 10 II 12 13 WHEREAS, the Specific Plan included language in Section D, INFRASTRUCTURE DEVELOPMENT PROGRAM, 0.1. Land Use/Infrastructure Relationship, page VI-5, thereof 14 15 that permitted the IVDA to replace the number of daily vehicle trips that had previously been generated by the activities of the United States Air Force on the former NAFB prior to the imposition by the City of any mitigation measures identified in the Environmental Impact Report ("EIR") circulated and reviewed by responsible agencies in the manner as required by California law; and 16 17 18 19 20 21 WHEREAS, said Section 0.1. states in part that "for the first 46,520 vehicle trips per day generated by new development and uses within the boundaries of the previous Norton Air Force Base (which includes the SBIA), said new development and uses shall be exempt from the requircment for additional traffic mitigation fees"; and 22 0' _J 24 25 26 WHEREAS, a Mitigation Monitoring Program was adopted by the City at the time of approval of the IVDA Specific Plan and the EIR to provide for the orderly implementation of the various traffic mitigation measures that would be required of development within the Specific Plan area; and 27 28 582003,11606 -1- I 2003-72 WHEREAS, the EIR included as an appendix thereto a Traffic Impact Analysis ("TIA") 2 concluding that the proposed development within the Specific Plan area could generate upwards 3 of 103,006 daily vehicle trips upon full build out of 11,056,617 square feet of development 4 within the Specific Plan area; and 5 6 WHEREAS, the City Engineer has caused to be prepared an Implementation Plan 7 (attached and incorporated herein as Exhibit I) that describes in further detail the general 8 provisions contained in this Resolution as to the manner and method for the calculation of the 9 various aspects relating to the payment of amounts required to mitigate the traffic impacts that ]0 may be generated by new development within the Specific Plan area; and ]] ]2 WHEREAS, the City Engineer has also submitted a Staff Report to the Mayor and 13 Common Council with this Resolution making certain recommendations to this Mayor and ]4 Common Council regarding the actions to be taken with respect to this Resolution and the ] 5 implementation of the traffic impacts and the implementation of traffic mitigation fees pursuant 16 to the Specific Plan as further described in the attached Implementation Plan; and 17 18 19 20 WHEREAS, the report as submitted by the City Engineer to accompany the consideration of this Resolution recommends that the Mayor and Common Council may, based upon the evidence as submitted, make appropriate findings and determinations to the effect that Public Resources Code Section 21166 which otherwise requires that certain events, facts and circumstances could trigger the re-evaluation of a project is not applicable to that project at this time as described in the Specific Plan, the EIR and the TIA; and 2] 22 23 24 25 26 27 28 WHEREAS, it is necessary at this time for the Mayor and Common Council to adopt this Resolution for the purposes of implementing said Section 0,1, of the Specific Plan as has been requested by the IVDA. S02003] ] 606 -2- 2003-72 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 3 4 Section L The Recitals as set forth above are hereby found and determined to be 5 accurate and correct in all respects. The Mayor and Common Council hereby find and 6 determine, based upon the evidence, including that as contained in the report from the City 7 Engineer, submitted at and prior to the time of approval of this Resolution, that pursuant to 8 Public Resources Code Section 21166 there are no additional events, facts or circumstances that 9 would require any further review of or modifications to the Specific Plan, the EIR or the TIA at 10 this time, II 12 Section 2. (a) The Mayor and Common Council hereby reaffirm those provisions 13 contained in Section 0.1. of the Specific Plan to the effect that there shall be no requirement for 14 the collection of any fees payable to the City, nor shall the IVDA be required to undertake any 15 of the specific public infrastructure projects identified in the TIA, for the mitigation of traffic 16 impacts as to the new development and new uses that occur within the Specific Plan area of the 17 IVDA until there is generated from new development activities within the former NAFB 18 boundaries an amount of daily vehicle trips in excess of 46,520 daily vehicle trips (said number 19 of daily vehicle trips is herein defined to be the "Norton Historical Capacity Units" as further 20 described in the Implementation Plan) with respect to the new development and new uses 21 intended to occur within the Specific Plan area, 22 23 24 25 (b) The Mayor and Common Council hereby find and determine, based upon the Report of the City Engineer as attached hereto and the Implementation Plan as caused to be prepared by the City Engineer as attached hereto, that the IVDA has previously paid $16,719,273 for various public street, intersections and other freeway improvements, Such dollar amount as expended by the IVDA is hereby determined by the Mayor and Common Council as eligible to qualify for a direct dollar offset as to the previously determined amount 26 27 28 SB200311606 -3- I 2003-72 2 3 4 equal to $31,355,737 that was required of the IVDA under the Specific Plan, Such dollar amount would fully mitigate the traffic impacts identified under the TIA upon the build-out of the Specific Plan area with 11,056,617 square feet of development that would potentially generate 103,006 daily vehicle trips. Such $31,355,737 dollar amount of the estimated costs of the various public street, intersections and other freeway improvements shall be increased each year by a construction cost inflationary factor to be determined by the City Engineer in the manner as set forth in the Implementation Plan. 5 6 7 8 9 10 11 12 13 Section 3, Notwithstanding the provisions of Section 2 hereof, the Mayor and Common Council hereby establish the fee to be paid to the City for each use of a Norton Historical Capacity Unit at a dollar amount equal to $25 per Norton Historical Capacity Unit subject to increases annually equal to the construction cost inflationary factor to be determined by the City Engineer (the "Norton Historical Capacity Unit Fee"). Such Norton Historical Capacity Unit Fee shall be paid to the City either by the IVDA or by another party to which such Norton Historical Capacity Unit has been validly assigned by the IVDA in writing to a user or other occupant or tenant upon the new development that occurs within the former NAFB properties at the time that a building permit is issued by the City within the Specific Plan area, 14 15 16 17 18 19 20 21 22 Section 4. (a) The Mayor and Common Council hereby find and determine that based upon the value of the public street improvements, intersections and other freeway improvements previously funded by the IVDA both within and outside the Specific Plan area, the IVDA is entitled to receive 30,073 additional vehicle trip capacity units ("Acquired Capacity Units" as further defined in the Implementation Plan) for use in the same manner as the IVDA may use the Norton Historical Capacity Units within the Specific Plan area, 23 24 25 26 27 28 (b) The Mayor and Common Council hereby establish the fee to be paid to the City for each use of an Acquired Capacity Unit at an amount equal to $50 per Acquired Capacity Unit subject to increases annually equal to the construction cost inflationary factor to be SB2003: 11606 -4- 2003-72 determined by the City Engineer (the "Acquired Capacity Unit Fee"). Such Acquired Capacity 2 Unit Fee shall be paid to the City either by the lVDA or by another party to which such 3 Acquired Capacity Unit has been validly assigned by the IVDA in writing to a user or other 4 occupant or tenant upon the new development that occurs upon the former NAFB properties at 5 the time that a building permit is issued by the City within the Specific Plan area. 6 7 Section 5. (a) The Mayor and Common Council hereby establish the fee to be paid 8 to the City for all other daily vehicle trips ("DVT's" as further defined in the Implementation 9 Plan) at an amount equal to $555,17 per DVT in 1996 dollars subject to increases thereof on an 10 annual basis upon the City Engineer applying the construction cost inflationary factor to the II originally estimated costs of the mitigation measures for the remaining items to be constructed 12 (the "DVT Fee") for all DVT's for new development both within the Specific Plan area and 13 elsewhere within the NAFB boundaries, Such DVT Fee shall be paid to the City either by the 14 IVDA or by another party or a user or other occupant or tenant who does not have available for 15 their use either a Norton Historical Capacity Unit or an Acquired Capacity Unit with respect to 16 any new development that occurs either within the Specific Plan area or elsewhere upon the 17 former NAFB properties at the time that a building permit is issued by the City within the 18 boundaries of the former NAFB or as the result of the audit as provided in Section 7 below. 19 20 21 22 23 24 25 26 27 28 (b) It is hereby determined by the Mayor and Common Council that until such time as an additional traffic impact analysis is conducted for the areas on NAFB that are not presently within the Specific Plan area, the Norton Historical Capacity Units and the use of the Acquired Capacity Units shall only be applicable to new development within the Specific Plan area, and all non-Specific Plan areas within NAFB will be required to pay the DVT Fee. The Mayor and Common Council recognize that the total amount of the Norton Historical Capacity Units and the Acquired Capacity Units available to the IVDA may be diminished by reason of tenant activities and other related actions that occur within existing buildings and facilities both within and outside the Specific Plan area within the former NAFB, SB2003: 11606 -5- 2003-72 (c) The Mayor and Common Council further find and determine that all new 2 development within the non-Specific Plan areas ofNAFB shall be required to pay the DVT Fee 3 as required by this Resolution. The IVDA shall have the sole right to determine whether to 4 transfer to any party seeking to develop new facilities within the Specific Plan area any number 5 of the Norton Historical Capacity Units or the Acquired Capacity Units and under such terms 6 and conditions as the IVDA may determine at its sole discretion; provided, however, that the 7 holders thereof shall be required to pay to the City the amounts set forth in this Resolution and 8 the Implementation Plan notwithstanding anything to the contrary under any agreement with the 9 IVDA or under any representation made by the IVDA. 10 II 12 13 14 Section 6. The Mayor and Common Council hereby establish the special fund to be maintained by the City to be designated as the "Inland Valley Development Agency - Specific Plan Infrastructure Fee Special Fund" (the "IVDA Special Fund") into which shall be deposited all fees collected by the City pursuant to this Resolution. Such IVDA Special Fund shall be an interest bearing fund to be maintained by the City and all interest earnings generated upon amounts then on deposit therein shall accrue solely to the benefit of such IVDA Special Fund, Such amounts as may be on deposit from time to time in the IVDA Special Fund shall be used at the discretion of the City Engineer upon the approval of the Mayor and Common Council solely for the undertaking of any items of public streets, intersections and freeway improvements, whether or not identified in the TIA, provided that such use of the IVDA Special Fund is for qualifying substitute projects that the City will certify has created additional Acquired Capacity Units in the manner as provided in the Implementation Plan, Upon the expenditure of such funds as may then be on deposit in the IVDA Special Fund, the City Engineer shall determine the additional number of Acquired Capacity Units that are then available to the IVDA as a result of the City expenditure offunds in the IVDA Special Fund. The City may also expend funds on deposit in the IVDA Special Fund for the undertaking of any traffic studies, traffic counts, audits or other verifications of the number of daily vehicle trips then being generated within the Specific Plan area as provided in the Implementation Plan. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB2003:11606 -6- 2003-72 Section 7. (a) The Mayor and Common Council hereby approve the Implementation I 2 Plan as attached to this Resolution and further authorize and direct the City Engineer to 3 undertake all activities set forth thcrein as may be deemed appropriate by the City Engineer to 4 further carry out the goals and purposes of the City as set forth in the Specific Plan, the TIA and 5 the Mitigation Monitoring Program required thereunder. 6 7 I Thc City reserves the right to conduct audits of the number of Norton Historical' (b) 8 Capacity Units, Acquired Capacity Units and DVT's that are then being generated within thc Specific Plan area and within the other properties within the former NAFB boundarics, As further provided in the Implementation Plan, the number of Norton Historical Capacity Units and Acquired Capacity Units as may be available to the IVDA and to other assignees of the 9 ]0 II 12 IVDA prior to the actual use thereof for a precise development project shall bc subject to adjustment from time to time upon the direction of the City Engineer based upon the actual 13 14 number ofDVT's that may be determined by the City to then be in use based upon traffic counts and audits as conducted by the City Engineer with funds on deposit in the IVDA Special Fund, 15 16 No user who has applied a previously determined amount of Norton Historical Capacity Units or Acquired Capacity Units or has paid a DVT Fec shall be required to pay additional amounts or to obtain additional Norton Historical Capacity Units or Acquired Capacity Units as a result of such increase in DVT's unless there has been a change in use of such precise developmcnt project that pursuant to the City Municipal Code would allow for the imposition of additional requirements upon any such development. In the event it is detcrmined by the City Enginecr that the amount of DVT's then in use exceed the number as initially forecasted for a precise development projcct, the City shall reduce the number of Norton Historical Capacity Units or Acquired Capacity Units, as applicable, and as shall be determined by the City Engineer, then held by the IVDA for either its own account or pursuant to an obligation to transfer such unused Norton Historical Capacity Units or Acquired Capacity Units to any third party for use within the Specific Plan area, 17 IR 19 20 21 22 23 24 25 26 27 2R SB200311606 -7- 2003-72 (c) Upon request of the IVDA, or any party to whom all or substantially all of the 2 Norton Historical Capacity Units or the Acquired Capacity Units have been assigned certifies in 3 writing, that the development of the Specific Plan area will be completed with the development 4 of the next subsequent building and a final number of DVT' s can be determined precisely with 5 respect to such building for the entire Specific Plan area, the City Engineer shall, based upon a 6 traffic study or other traffic audit, recalculate the remaining unused Norton Historical Capacity 7 Units and the Acquired Capacity Units and may, if deemed appropriate by the City Engineer, ~ determine the amount of the remaining DVT Fee to be paid to accomplish the final build-out of 9 the Specific Plan area taking into account the then remaining items to be completed pursuant to 10 the Mitigation Measures, II 12 (d) Any such audits shall be conducted in a manner to reasonably assure that the 13 audited number of DVT's reflects normal operations over an extended period of time without 14 being materially affected by DVT's of transient vehicle traffic of parties or by reason of seasonal 15 fluctuations in traffic levels, 16 17 Section 8. Payments of fees made pursuant to this Resolution and the I~ Implementation Plan shall not exempt any particular project or developer from the payment of 19 (i) any other traffic impact fees levied by the City on either a City-wide basis or otherwise with 20 respect to the Specific Plan area, (ii) any other regional fees levied by the City or any other 21 governmental agency for traffic related improvements, freeway improvements and intersections 22 and freeway on- and off-ramps, (iii) the amounts required for the construction of public 23 improvements, including, but not limited to, utilities, landscaping, curb cuts and median strips, 24 streets and roads, curbs and gutters and sidewalks, traffic lights, traffic signals, signage and any 25 other items determined by the City through the application process for any building permit, 26 parcel map or design review approval requested for a specific development project within the 27 Specific Plan area, (iv) amounts determined by the City Engineer on proportionate basis to 28 comply with the requirement under the Specific Plan and the Mitigation Measures regarding any SB200J 11606 -8- 2003-72 reduction in service levels of any intersection impacted by a proposed development project 2 within the Specific Plan area, and (v) participation in a City maintained Landscape & Lighting 3 Maintenance Assessment District. 4 II / 5 / II 6 II / 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB2003: 11606 -9- 2003-72 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN IMPLEMENTATION PLAN IN CONNECTION WITH THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN OF THE INLAND V ALLEY DEVELOPMENT AGENCY (FORMER NAFB PROPERTIES) 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on ,2003, by the following vote, to-wit: 7 the 7 th day of April 8 9 10 Common Council AYES ESTRADA x 11 LONGVILLE X MCGINNIS x 12 DERRY x SUAREZ x 13 ANDERSON X 14 McCAMMACK X NAYS ABSTAIN ABSENT IS ~~~i~f4J 16 17 18 2003. The foregoing Resolution is hereby approved thi 'IOT7r day of April 19 20 21 alles, Mayor City of San Bernardino 22 Approved as to form 23 and legal content: 24 25 ,p 26 James F. Penman City Attorney 27 28 SB2003 11606 -10- 2003-72 EXHIBIT 1 IMPLEMENTATION PLAN OF THE CITY OF SAN BERNARDINO FOR THE INLAND VALLEY DEVELOPMENT AGENCY INTERNATIONAL TRADE CENTER SPECIFIC PLAN I. Background: On March 18, 1996, the City of San Bernardino through the Mayor and Common Council approved the Inland Valley Development Agency Specific Plan (the "IVDA Specific Plan") and the related Environmental Impact Report ("EIR") and Traffic Impact Analysis ("TIA"). The IVDA Specific Plan contains provisions in the Section entitled "D. Infrastructure Development Program" which requires each project within the Specific Plan Area to provide a proportionate share of the funding for the intersection and transportation improvements identified in the IVDA Specific Plan. The EIR which was approved and certified by the City at the time of adoption of the IVDA Specific Plan contained a Mitigation Monitoring Program that required certain mitigation measures to be implemented by the City after the historical level of daily vehicle trips exceeded the prior levels during military activity on the former Norton Air Force Base. The IVDA Specific Plan was amended in 1999, by the inclusion of certain changes as set forth in the amendment as approved by the Mayor and Common Council at that time. The IVDA has submitted a report dated August 16, 2002, from an independent traffic engineer (the "IVDA Completed Streets Report" as attached hereto as Exhibit "A") which has been reviewed and approved by the City Engineer. The IVDA Completed Streets Report states that the IVDA has completed $28,292,188 in street, transportation and other intersection improvements utilizing a combination of federal grant funds, tax increment revenues of the IVDA and IVDA tax allocation bond proceeds. The City Engineer has determined that of the total IVDA expenditures of $28,292,188, an amount equal to $4,109,730 represents all or portions of exact line items as set forth in the initial TIA and an additional $12,609,543 represents those streets and I 2003-72 intersection improvements that are of such a nature as should be eligible for qualification as improvements in lieu of those specified in the IVDA Specific Plan and the TIA. Therefore, the IVDA is entitled to receive mitigation credits for having completed $16,719,273 of CMP Improvements for the benefit of the region and as required under the ErR and the TIA for the IVDA Specific Plan. The United States Air Force ("USAF") recognized in official documentation prepared in connection with the closure of the former Norton Air Force Base ("NAFB") that the NAFB properties generated 46,520 vehicle trips per day during the time that NAFB was an active USAF military base. Prior to the closure of NAFB in 1994, there were in excess of 10,000 jobs on the NAFB properties which included a great number of civilian employees working on NAFB with federal contractors in addition to the military personnel who lived off-site from NAFB either within the City or within other neighboring communities. Those daily vehicle trips that were generated by all such military personnel, federal contractors and other visitors to NAFB established the benchmark for the number of the average daily vehicle trips that would essentially be exempted from the payment of certain impact fees under the IVDA Specific Plan and the Mitigation Monitoring Program. It is these very same historic levels of daily vehicle trips for which no regional infrastructure requirements would be required for the replacement of such number of daily vehicle trips on NAFB either for uses within the existing military buildings or in newly constructed buildings upon vacant land and for new construction upon demolished NAFB building sites. CEQA requires certain information to be included and analyzed within an environmental impact report for purposes of determining a "baseline" assessment. This should be prepared describing the pre-existing conditions and impacts of the property described within the CEQA "project". For this reason, the IVDA prepared the TIA to objectively analyze solely the impacts that could be occasioned by reason of the development of in excess of 11,000,000 square feet of new development on the NAFB properties in compliance with the land uses specified in the IVDA Specific Plan. Under CEQA, public agencies which prepare environmental documents are required to include in their analysis a consideration of existing structures and existing activities on the property which would be affected by the new 2 2003-72 project. In Public Resources Code Section 21083.8.1, the Legislature specifically affirmed this policy for reuse of federal military bases, such as the City of San Bernardino and all the responsible agencies including SAN BAG which were involved in the preparation of the EIR for the IVDA Specific Plan adopted for military base reuse purposes. Central to the CEQA policy to foster the reuse of a closed military facility is the focus on the "baseline" to consider the physical conditions which were present at the time the federal military base was active and operational. This approach was followed with the IVDA Specific Plan and the EIR which were adopted in 1996 with input from SANBAG. Furthermore, under Section 21083.8.1(b) (2), subsequent activities conducted under the IVDA Specific Plan should utilize the same environmental approach, unless new events have triggered a need for a subsequent review under Public Resources Code Section 21166, involving the presence of new significant adverse impacts not previously identified in the EIR. The City will be able to determine that of as of this date, Section 21166 has not been triggered for specific development projects under the IVDA Specific Plan. The IVDA Specific Plan and TIA, including the EIR and the Mitigation Monitoring Program, intended that the 46,520 daily vehicle trips which represented the historical number of daily vehicle trips generated while NAFB was an active military base would be the benchmark to be achieved in the future prior to the imposition of any further traffic impaction fees pursuant to the IVDA Specific Plan. The IVDA Specific Plan provides that off- site infrastructure requirements of $31,355,737 for the specified projects would not therefore be imposed until the time that a project would generate daily vehicle trips, together with those amounts then occurring within the NAFB properties, that would exceed the 46,520 figure. The $31,355,737 dollar amount was based upon an anticipated 11,056,617 square feet of development within 652.1 acres of the Specific Plan Area which would generate a total daily net number of vehicle trips equal to 103,006 (121,183 gross new trips less 10% for Internal Trip Capture and less 5% for TDM/Transit Reduction for a net amount of 103,006). It is recognized that the 46,520 daily vehicle trips represents the number historically generated within the entire NAFB properties whereas the IVDA Specific Plan has incorporated said 3 2003-72 number of daily vehicle trips solely within the IVDA Specific Plan area of approximately 652.1 acres of the entire 2,100 acres of the total NAFB properties. However, a relatively small number of daily vehicle trips were generated on the eastern portion or the Airport in the vicinity of the former Combat Camera facility (Parcel E-2B, Building No. 248). The remaining portions of the Airport are primarily characterized by uses consisting of runway, taxiway, tarmac, clear zone and open space for which the daily vehicle trips were reasonably assigned to the portions of the NAFB properties which are now within the Specific Plan Area but are related to those aviation activities occurring within the aviation areas. The only areas of significance within the Airport which are not within the IVDA Specific Plan would be the areas from Rialto Avenue south to the runway and bounded by Del Rosa Avenue on the west and Leland Norton Way on the east, plus Building No. 575, and the area south of Paul Villasenor Blvd. south to the taxiway areas. Therefore, until such time as the San Bernardino International Airport Authority ("SBIAA") undertakes a separate CEQA analysis together with an EIR and TIA for the development of the areas adjacent to the IVDA Specific Plan, the development of the tarmac areas and the development of the vacant land within Parcel B-1 of the Airport, the number of daily vehicle trip capacity reserved for SBIAA uses will be as provided within this Implementation Plan. The TIA of the IVDA did analyze the potential for growth at the Airport and determined that the daily vehicle trips expected to occur within a 20 year period could range from 11,766 to 15,612. The number of Norton Historical Capacity Units reserved for SBIAA in Section 5(a) hereof is at the higher end of this range and should reasonably accommodate future aviation related development uses at the Airport. II. Introduction to Implementation Plan: The strategy as set forth herein shall be applicable to all developments within the NAFB properties in an effort by the City to establish a coordinated implementation strategy for the entire NAFB properties. Is it expected that SBIAA will undertake a separate CEQA analysis and traffic impact analysis to establish the number of expected daily vehicle trips and to determine a separate level of vehicle trips to be assigned to the Airport activities and the probable traffic impacts that may be generated upon further aviation related developments on the 4 2003-72 Airport properties of SBIAA. Until such time, the provisions of this Implementation Plan will govern all development within the non-Specific Plan Area on NAFB. This Implementation Plan shall not apply to any developments north of Third Street that are within the County unincorporated areas, the City boundaries or the boundaries of the City of Highland. The IVDA properties to which this Implementation Plan applies are set forth on the attached IVDA Properties Map included herein as Exhibit "B" and the SBIAA properties set forth on the attached SBIAA Properties Map included herein as Exhibit "C". It is the intent that this Implementation Plan shall apply to all users and developers of new facilities on the former NAFB properties. To the extent legally permissible the provisions hereof shall also apply as to (i) those parties obtaining transfers of property on NAFB directly from the USAF or the federal government for uses within existing buildings or for the construction of new buildings and facilities, and (ii) to State and local governmental users who are not otherwise exempt from the provisions hereof pursuant to applicable law. This Implementation Plan as set forth herein is solely for the benefit of the IVDA and no other third party shall have any rights hereunder except to the extent specially granted by the IVDA pursuant to an agreement with any such parties. The City grants solely to the IVDA (i) the entire number of the Norton Historical Capacity Units, except as to those reserved herein for the SBIAA, and (ii) all existing and future Acquired Capacity Units. All new development, new construction and occupancy or use of any existing buildings on the NAFB properties shall require the owner or user thereof to remit to the City the required Specific Plan Traffic Impact Fee or obtain from the IVDA a duly executed Assignment of Vehicle Trip Capacity as may be applicable for the particular project within the Specific Plan Area. To the extent it is determined that the user of an existing building is required to pay a Specific Plan Traffic Impact Fee, the IVDA may either permanently assign or conditionally assign either Norton Historical Capacity Units or Acquired Capacity Units at its discretion for a set number of years with the right of reversion to the IVDA. The City Engineer shall calculate the number of established daily vehicle trips anticipated to be generated by each new use on the NAFB 5 2003-72 properties prior to occupancy and shall collect the Specific Plan Traffic Impact Fee, but only if and to the extent that the user has not been assigned Norton Historical Capacity Units or Acquired Capacity Units by the IVDA, prior to the City issuing any occupancy permit if an existing building or a building permit for any new construction. The City Engineer shall have the right to conduct any number of studies or audits at any time to determine whether the number of daily vehicle trips that were initially anticipated to be generated by each user at the time of application for a building permit within the NAFB properties is within the prescribed limits for the conditions of occupancy for each such user. The City Engineer shall conduct such audits in a manner to reasonably assure that the audited number of DVT's for the user or users in question accurately reflects the DVT's attributable to the normal operations of such user or users over an extended period of time without being materially affected by DVT's of transient vehicle traffic or by reason of seasonal fluctuations in traffic levels. The City Engineer shall determine whether any user is exceeding the number of daily vehicle trips represented by the user at the time of application to the City for a building permit or other occupancy certificate and the number of daily vehicle trip credits that were either purchased by such user or assigned by the IVDA to the City for the benefit of such user. In the event a user has generated additional daily vehicle trips in an amount greater than originally anticipated and for which Norton Historical Capacity Units or Acquired Capacity Units were applied or for which a DVT Fee was paid, such excess daily vehicle trips shall be deducted from the remaining unused daily vehicle trips available to the IVDA and all subsequent users on the NAFB properties. In the event a user is using less than the amount of daily vehicle trips originally anticipated and for which Norton Historical Capacity Units or Acquired Capacity Units were applied or for which a DVT Fee was paid, such excess daily vehicle trips shall not be intentionally used or redistributed to other users by the IVDA but shall be held in reserve until finally determined by the City Engineer as to the manner of disposition of any such unused portions upon conclusion of development within the Specific Plan Area. All items set forth whether in this Part II or in Part III below or in the Mayor and Common Council Resolution adopting this 6 2003-72 Implementation Plan shall be binding upon the IVDA and all parties seeking to develop new facilities and buildings both within the Specific Plan Area and elsewhere on the NAFB properties outside the Specific Plan Area. In the event of any inconsistencies between any provision of this Implementation Plan and the Resolution, the provision of the Resolution approving this Implementation Plan shall control over this Implementation Plan. III. Implementation Plan: Section 1. The following terms as used in this Implementation Plan shall have the meanings as set forth below in this Section 1. "Airport" shall mean the San Bernardino International Airport consisting of approximately 1,300 acres on the former NAFB properties and which are either owned in fee or leased and otherwise under the control of SBIAA. "Acquired Capacity Unit" shall mean additional vehicle trip capacity acquired by or generated for the benefit of the IVDA in the manner as provided in this Implementation Plan and subject to the payment of the Acquired Capacity Fee of $50.00 upon the use of each Acquired Capacity Unit as set forth in Section 6 hereof. "Acquired Capacity Unit Fee" shall mean the fee equal to $50.00 per Acquired Capacity Unit to be paid to the City pursuant to Section 6 hereof. "CEQA" shall mean the California Environmental Quality Act of 1970, as amended. "City" shall mean the City of San Bernardino. "Construction Index Inflator" shall mean that percentage inflationary figure determined by the City Engineer on an annual basis which shall be applied on a calendar year basis commencing as of calendar year 1997 to increase the construction costs of the CMP Improvements as shall be applicable for each succeeding calendar year and which shall also be used to increase the Norton Historical Capacity Unit Fee and the Acquired Capacity Fee, or an amount equal to two percent (2%) per year upon the 7 2003-72 election of the City Engineer. "CMP" means the Congestion Management Program as adopted by SAN BAG and as the same may exist and be amended from time to time by SANBAG. "CMP Improvements" shall mean the $31,355,737 of intersection, traffic lane and freeway improvements as set forth in the TIA together with the percentage allocation to the IVDA Specific Plan and the then estimated costs of each such item subject to the application of the Construction Index Inflator. "DVT" shall mean a daily vehicle trip which represents one passenger vehicle either entering or leaving the NAFB properties and shall specifically exclude all pass-through traffic and traffic utilizing the IVDA road system as a means to traverse to others areas of the surrounding communities (e.g., a person driving a passenger vehicle to and from work on the NAFB properties would be counted as 2 DVT's). A DVT shall be limited to those vehicles that have the NAFB properties as their destination for purposes of conducting business, traveling to and from places of employment on the NAFB properties, providing for deliveries of goods and supplies and other business guests to companies, federal, state and local agencies and other organizations located on the NAFB properties. The equivalent number of DVT's for trucks of various weights and number of axles shall be determined from time to time by the City Engineer. "DVT Fee" or "Specific Plan Traffic Impact Fee" shall mean an amount equal to $637.64 for the one year period commencing as of the effective date of this Implementation Plan to be paid to the City in the manner as provided in Section 4(a) hereof. "EIR" shall mean the Final Environmental Impact Report for the San Bernardino International Trade Center as certified by the City on March 18, 1996. "IVDA" shall mean the Inland Valley Development Agency, a joint powers authority established by the County of San Bernardino, the City of Colton, the City of Lorna Linda and the City of San Bernardino. "IVDA Specific Plan" shall mean the Specific Plan as 8 2003-72 adopted by the City for the IVDA on a portion of the NAFB properties consisting of approximately 652.1 acres of land, including all amendments to the IVDA Specific Plan, for which the EIR was approved and certified by the City. "Mitigation Measures" shall mean those items as originally set forth in the approving documents relative to the EIR for the IVDA Specific Plan and which are set forth for reference purposes in Section 2(b) hereof. "NAFB" shall mean the former Norton Air Force Base located within the City of San Bernardino. "Norton Historical Capacity Unit Fee" shall mean an amount equal to $25.00 payable to the City in the manner as provided in Section 5(e) hereof. "Norton Historical Capacity Units" shall mean the number of daily vehicle trips representing the 46,520 DVT's that were generated by the USAF when NAFB was an active military installation and which number of DVT's have been granted to the IVDA pursuant to the IVDA Specific Plan, the TIA and the EIR. The Norton Historical Capacity Units are exempt from the provisions of the IVDA Specific Plan, the Traffic Mitigation Measures and the TIA. "SANBAG" shall mean the transportation agency of the County of San Bernardino known as the San Bernardino Area Governments which is a joint powers authority established by the County of San Bernardino and each of the municipalities within the County. "SBIAA" shall mean the San Bernardino International Airport Authority, a joint powers authority established by and with current governmental members comprised of the County of San Bernardino, the City of Colton, the City of Highland, the City of Lorna Linda and the City of San Bernardino. "Specific Plan Area" shall mean those properties that are included within the IVDA Specific Plan and which are subject to the land use and other applicable provisions of the IVDA Specific Plan. "Specific Plan Traffic Impact Fee" or "DVT Fee" shall mean the amount set forth in Section 4(a) hereof which as of the date of the initial adoption of this Implementation Plan is equal to 9 2003-72 $555.11 per DVT as of 1996, and for the one year period of time commencing as of the date of approval of this Implementation Plan shall be equal to $637.64. "TIN' shall mean the Traffic Impact Analysis conducted by the IVDA and approved by the City at the time that the IVDA Specific Plan was adopted and is dated December 8, 1995 as revised as of February 14, 1996. "Traffic Mitigation Measures" shall mean those mitigation measures set forth in the EIR for which the IVDA or other property developers on the NAFB properties shall comply to alleviate the potential traffic impacts that could be created as a results of the development pursuant to the IVDA Specific Plan. "USAF" shall mean the United States Air Force. Section 2. (a) The purpose of this Implementation Plan is to implement the provisions of Section D. Infrastructure Development Program, page VI-4, of the IVDA Specific Plan with regard to the funding of the required public improvements that consist of streets, intersections and freeway improvements as were identified in the TIA and as made a part of the EIR and the IVDA Specific Plan. (b) The EIR states as follows in Section 4.7.4, Mitigation Measures, regarding mitigation of project impacts: "Specific measures to mitigate project impacts are: 7-1 Any Specific Plan project shall contribute, on a fair share basis, to mitigation of traffic impacts. Contributions shall be by one of the following: a) Implementation of the recommended intersection, traffic lane or freeway improvements listed. b) Payment of dollar equivalent of the improvements to specific fund for said improvements. 10 2003-72 c) Implementation of additional capacity on parallel routes to offset impacts on existing routes. Such additional capacity shall be approved by the City prior to implementation credits being allowed. The City recognizes a total of 46,520 vehicle trips from the predevelopment status of the Base. Implementation of mitigation measures shall not be required until this level of trips is generated from the Specific Plan area. Exception to the above will apply where intersections or lane configurations operate below level of service D. The SBITC will implement an aggressive TDM program throughout the SBITC to further mitigate potential vehicle trip impacts of the project, but will rely on actual field conditions and counts to determine level of service and intersection capacity.H (c) The IVDA Specific Plan on page VI-5, Section 0.1, states as follows: "For purposes of this Plan, off-site improvements refers to those road improvements that are determined to be necessary outside of and not contiguous to the boundaries of the project area. Based on recommendations contained in the Traffic Impact Analysis, specific plan projects shall contribute of a fair share basis. Contributions shall be by one of the following: 1. Implementation of the recommended intersection, traffic land or freeway improvements listed. 2. Payment of dollar equivalent of the improvements to a specific fund for said improvements. 3. Implementation of additional capacity on parallel routes to offset impacts on existing routes. Such additional capacity shall be approved by the City prior to implementation credits be allowed. However, for the first 46,520 vehicle trips per day generated by new development and uses within the boundaries of the previous Norton Air Force Base (which includes the SBIA) , said new development and uses shall be exempt from the requirement for additional traffic mitigation fees.H II 2003-72 . Section 3. The City hereby confirms that the IVDA Specific Plan has available for use by the IVDA, in such manner as the IVDA shall direct at its sole discretion, 46,520 DVT's which shall be deemed to be the Norton Historical Capacity Units representing the number of previously generated DVT's determined as the historical level of DVT's at the time that NAFB was in use by the USAF as an active military installation prior to its official closure. The IVDA is hereby granted, subject to the limitations set forth in Section 5(a), 46,520 Norton Historical Capacity Units for use within the IVDA Specific Plan Area. Each passenger vehicle entering shall represent one (1) DVT and each passenger vehicle leaving the Specific Plan Area shall represent one (1) DVT for which a Norton Historical Capacity Unit or an Acquired Capacity Unit may apply for each such DVT as so calculated, and the City Engineer shall determine from time to time the equivalency factors as shall be applicable for the number of Norton Historical Capacity Units to be assigned to various sizes, weights and number of axles with respect to trucks and tractor trailers. In addition, the City Engineer shall determine the number of DVT's generated within the NAFB properties for the purpose of maintaining accurate records as to the number of then calculated DVT's and the number of Norton Historical Capacity Units and Acquired Capacity Units then in actual use. Section 4. (a) The City determines that the cost of a DVT for those DVT's that are in excess of the Norton Historical Capacity Units and the Acquired Capacity Units held by the IVDA is equal to $555.11 per DVT in 1996 dollars based upon the following formula: Total number of DVT's under the TIA is equal to 103,006 less the 46,520 Norton Historical Capacity Units held by IVDA equals 56,486 which is that number of DVT's that are required to pay the total costs of the CMP Improvements of $31,355,737, subject to the Construction Index Inflator, which shall be paid by new development projects within the IVDA Specific Plan Area in excess of the 46,520 Norton Historical Capacity Units. (b) The City recognizes that the IVDA has completed CMP Improvements, or their equivalent, equal to $16,719,273 prior to the date hereof. Such dollar amount of IVDA completed CMP 12 2003-72 Improvements, or their equivalent, shall entitle the IVDA to Acquired Capacity Units equal to 30,073 pursuant to the following formula: $16,719,273 of CMP Improvements or their equivalent, subject to adjustment by the Construction Cost Inflator, completed by the IVDA divided by $555.11 (as increased each year based upon the Construction Inflation Index), being the cost per DVT determined in (a) above, equals 30,073 Acquired Capacity Units all as further set forth on the spread sheet attached hereto at Exhibit "D". (c) No further payment of fees to implement either the CMP, the Mitigation Measures or any other provision of the IVDA Specific Plan, the EIR or the TIA will be charged to the IVDA or its assignees for any projects that utilize an aggregate amount of Norton Historical Capacity Units and Acquired Capacity Units that in the aggregate are less than 76,593 DVT's except for the fees set forth in Sections 5(e) and 6. The City Engineer is directed to calculate at such times as deemed necessary by the City Engineer the number of Acquired Capacity Units that are then available to the IVDA based upon additional CMP Improvements completed by the IVDA or the City either directly or indirectly through agreements with third party developers, governmental agencies or through other IVDA or City obtained funding sources as determined suitable for such calculation at the discretion of the City Engineer consistent with this Implementation Plan. Section 5. (a) The City hereby recognizes that the following number of Norton Historical Capacity Units are reserved and shall not be available to the IVDA until such time as either (i) the City amends this Implementation Plan, or (ii) with the concurrence of the City, SBIAA has completed a traffic impact analysis, and in addition thereto an environmental impact report to the extent required by CEQA, to determine the potential number of DVT's to be generated by Airport development. It is the intent that some number of the Norton Historical Capacity Units and/or Acquired Capacity Units will be permanently assigned to SBIAA pursuant to such further action as the City may take based upon such traffic impact analysis and CEQA documentation and proceedings as may be conducted by SBIAA. Such following list also includes other users on the NAFB properties for which a reservation of Norton Historical Capacity 13 2003-72 Units is hereby authorized as set forth below. Entity Number of Norton Historical Capacity Units SBIAA Existing tenants/users Potential tenants/users Assignments by IVDA Net Available to IVDA TOTAL 15,000 5,750 6,800 3,107 15,863 46,520 (b) At such time as an existing tenant in a USAF building on NAFB who is utilizing a Norton Historical Capacity Unit either pursuant to a direct assignment by the IVDA of a Norton Historical Capacity Unit or simply by reason of their presence, ceases to utilize such Norton Historical Capacity Unit, such number of Norton Historical Capacity Units shall then revert to the IVDA if recognized in writing by the City Engineer and in such amount of Norton Historical Capacity Units as the City Engineer may determine based upon information and studies available to the City Engineer. (c) The City has determined by the adoption of this Implementation Plan that both (i) all new development within the NAFB properties occurring prior to the date hereof and (ii) all uses within existing buildings within the NAFB properties existing as of the date hereof, shall be deemed to have placed in use the applicable number of Norton Historical Capacity units required for their continued use of such facilities and shall not be subjected to (i) the implementation of intersection, traffic lane or freeway improvements set forth in the TIA, (ii) the payment of dollar equivalents into a special fund of the City, or (iii) the implementation of additional capacity on parallel routes all as further provided in the IVDA Specific Plan, Section 0.1, page VI-5. (d) At such time as a use within a building terminates and a new user is required to obtain approvals from the City for such new use or a use by a new user, the City Engineer shall take into account the prior use of the Norton Historical Capacity Units and Acquired Capacity Units and that number for which a DVT Fee was paid that were validly applicable to such 14 2003-72 prior uses and users. At the time of a new use, or the continuation of a prior use by a new user, the City Engineer shall allow to be continued thereon the previous number of Norton Historical Capacity Units and Acquired Capacity Units and the number of DVT's for which a DVT Fee was paid. Such new use or new user shall not be given any credit or refund in the event any subsequent use or user will generate a lesser number of DVT's, but such new use or new user will be required to obtain additional Norton Historical Capacity Units, a further number of Acquired Capacity Units or pay an added DVT Fee for anticipated DVT's in excess of that number that was applicable for the prior use or prior user under those circumstances as set forth in the City Municipal Code that would allow for the imposition of additional mitigation requirements and added fees upon any such new use or new user. (e) Any user, including the IVDA or any assignee from the IVDA, seeking to use a Norton Historical Capacity Unit will be required to pay at the time that all other building permit fees are paid to the City, a Norton Historical Capacity Unit Fee equal to $25.00 per Norton Historical Capacity Unit, subject to increases annually equal to the Construction Index Inflator to be determined by the City Engineer. The assignment, record keeping and all other aspects of the use and allocation of the Norton Historical Capacity Units will be administered by the IVDA and not by the City, and any user seeking to apply a Norton Historical Capacity Unit must have a written authorization or other written assignment from the IVDA allowing such party to so use such Norton Historical Capacity Unit pursuant to this Implementation Plan. The City shall collect such fee for each Norton Historical Capacity Unit as and when used and hold such fees in a separate special fund of the City designated as the "Inland Valley Development Agency - Specific Plan Infrastructure Fee Special Fund" (the "IVDA Special Fund") solely for the purposes of completing any additional street improvements or other traffic circulation projects that the City determines will produce an additional number of Acquired Capacity Units equal to the value of the funds expended from the IVDA Special Fund. Upon expenditure of any amounts from the IVDA Special Fund for the construction of street improvements or other traffic circulation projects, the City Engineer shall conduct the calculation pursuant to Section 4(b) above and calculate the additional number of Acquired Capacity Units then available to the IVDA as a result of such expenditures by the 15 2003-72 City. In addition, a reasonable portion of such funds may be expended by the City from the IVDA Special Fund for the purposes of conducting all traffic studies, traffic counts and other audits of the number of DVT's then being generated within the Specific Plan Area and the number of Norton Historical Capacity Units and Acquired Capacity Units then in use within the Specific Plan Area in the manner as stated in Article II above for methodology of conducting such audits. Section 6. Any user, including the IVDA or any assignee from the IVDA, seeking to use an Acquired Capacity Unit will be required to pay at the time that all other building permit fees are paid to the City, a fee equal to $50.00 per Acquired Capacity Unit, subject to increases annually equal to the Construction Index Inflator to be determined by the City Engineer. The assignment, record keeping and all other aspects of the use and allocation of the Acquired Capacity Units will be administered by the IVDA and not by the City, and any user seeking to apply an Acquired Capacity Unit must have a written authorization or other written assignment from the IVDA allowing such party to so use such Acquired Capacity Unit pursuant to this Implementation Plan. The City shall collect such fee for each Acquired Capacity Unit as and when used and hold such fees in the IVDA Special Fund solely for the purposes as set forth in Section 5(e) above. Section 7. With respect to the Specific Plan Area, any person, private entity or governmental entity that is not otherwise exempt from the payment of traffic impact fees pursuant to either federal or State law seeking to either (i) construct a new building or facility of any nature or (ii) substantially rehabilitate any strucuture who does not have either a Norton Historical Capacity Unit or an Acquired Capacity Unit validly assigned from the IVDA to such party, shall be required to pay the DVT Fee to the City for deposit to the IVDA Special Fund for use as set forth in Section 5(e) above. With respect to other developments outside the Specific Plan Area but within the NAFB properties, any person, private entity or governmental entity that seeks to develop a new facility, shall pay the then applicable DVT Fee to the City for deposit to the IVDA Special Fund. Section 8. (a) It is recognized that at such time as the $31,355,737, subject to the Construction Index Inflator, has 16 2003-72 been expended by the IVDA or other property owners and developers of the NAFB properties on the CMP Improvements, or their equivalent, there shall be no further fees with respect to the Traffic Mitigation Measures to be charged to any users or developers on the NAFB properties unless the total number of DVT's would exceed 103,006 as set forth in the TIA. Until such time as a new TIA may be required, the IVDA shall have no further obligation or duty to implement such future traffic mitigation plan or other monitoring with respect to those DVT's that are in excess of 103,006. The manner in which any future mitigation measures are deemed necessary to be implemented by the IVDA for such new development that generates DVT's in excess of the 103,006, shall be as may then be determined by the City with the party then causing the traffic study to be undertaken or a traffic impact analysis to be undertaken for a development project on the NAFB properties. (b) Upon request of the IVDA, or any party to whom all or substantially all of the Norton Historical Capacity Units or the Acquired Capacity Units have been assigned certifies in writing, that the development of the Specific Plan Area will be completed with the development of the next subsequent building and a final number of DVT's can be determined precisely with respect to such building for the entire Specific Plan Area, the City Engineer shall, based upon a traffic study or other traffic audit, recalculate the remaining number of unused Norton Historical Capacity Units and the Acquired Capacity Units and may, if deemed appropriate by the City Engineer, determine the amount of the remaining DVT Fee to be paid to accomplish the final build- out of the Specific Plan Area for such final building square footage taking into account the then remaining items to be completed pursuant to the Mitigation Measures. The City Engineer may establish such other conditions as may be necessary to assure the City that in the event the certified number of remaining DVT's are exceeded, provisions will be in effect to collect the appropriate DVT Fee under such circumstances. Section 9. (a) The City shall require a traffic study to be completed by the project applicant for all projects undertaken within the Specific Plan Area or by other parties on the NAFB properties outside the Specific Plan Area who are required to submit to the City for development approvals, parcel maps, building permits or other discretionary City approvals. The amount of DVT's that each project potentially generates 17 2003-72 shall be as set forth in the traffic study or traffic impact analysis for such project, and the City shall then either require the project applicant to pay the necessary Specific Plan Traffic Impact Fee or to undertake one or more of the Mitigation Measures required pursuant to the EIR and the TIA but only to the extent such project applicant does not then hold any Norton Historical Capacity Units or Acquired Capacity Units as assigned by the IVDA. (b) All persons seeking to develop new buildings on the NAFB properties shall also be required to pay, in addition to the Specific Plan Traffic Impact Fee and/or the undertaking of any other CMP Improvements or Mitigation Measures, as applicable, any and all other City traffic impact fees plus the construction or payment of fees in lieu of the construction of all required street improvements, landscaping, street lighting, traffic signals and other similar road improvements imposed by the City upon a development project. As of the date of this Implementation Plan, the City has validly imposed a $17.00 per vehicle trip fee for the purpose of providing for certain traffic signals and other street improvements on a City-wide basis. Section 10. (a) Nothing contained herein or in the IVDA Specific Plan shall in any manner exempt any property owner from any and all other infrastructure requirements, fees, obligations to construct public improvements, including but not limited to, streets, curbs, landscaping improvements, traffic signal lights, street widening, street construction and reconstruction, all as may be determined as conditions of approval for any specific development project on the NAFB properties or within the IVDA Specific Plan Area based upon the specific traffic impacts of such project. All projects within the IVDA Specific Plan Area shall also remit to the City in the manner as required by applicable ordinance of the City all Traffic System Fees then in effect in addition to the construction of all other improvements deemed necessary by the City. (b) The purpose of the Norton Historical Capacity Units and the Acquired Capacity Units is solely to implement the public infrastructure requirements as a mitigation measure for the undertaking of CMP Improvements as set forth in the IVDA Specific Plan, the EIR and the TIA, and nothing shall prevent the City, SANBAG or any other State or local governmental agency 18 , 2003-72 or department from imposing any additional fees or exactions for purposes of funding street and roadway improvements, intersection improvements and freeway on and off ramps, freeway widening and other transportation related improvements as may be deemed necessary. Section 11. (a) There shall be no change in the dollar value of a DVT Fee as set forth in Section 4(a) hereof to a lesser dollar amount unless approved by the official action of the Mayor and Common Council. The City Engineer is hereby authorized and directed to cause the calculations to be made as required herein as to the dollar value of the CMP Improvements, including the application of the method of calculation of the Construction Index Inflator, that may be completed by the IVDA or other parties under the IVDA Specific Plan subsequent to the date of this Implementation Plan and to assign such further amounts of Acquired Capacity Units to the IVDA as a result of such calculations as may be appropriate under the circumstances. The City Engineer shall also recalculate the dollar value of the DVT Fee on at least an annual basis by the application of the Construction Index Inflator to determine the applicable DVT Fee for the next succeeding period of time. (b) The City Engineer upon receipt of appropriate certifications from either the IVDA or a developer seeking to develop the final building within the Specific Plan Area, shall determine the amount of the final DVT Fee to be so paid to the City upon a determination that a lesser number of street improvements, intersections and other traffic circulation projects are required than those remaining to be accomplished as set forth in the list of the CMP Improvements. 19 2003-72 Exhibit A 2003-72 REC'O AUG 1 9 Z002 f\lv . svt); > IY ,.... \/'T~ August 16, 2002 Alex Estrada InI8Dd VaUey Developm:at Agenr:y 294 South Leland Norton Way, Suite #1 San Bernardino, California 92408 Subject: IVDA R..adway ~vermnts SU/llllllll'y of Improvcmmts and Expeoditutes Dear Alex, LSA Associates, Inc. (LSA) is pleased to present this SUllJlJ'Bl}' of infonnation regarding the Inland Valley Development Ag_y (lVDA) roadway improvemmr r<quiIetnnts associated with furore developmml of the San Bernardino International Trade Cemer Specific Plan. This SIIIIIIXllIJY presents 1) roadway improvemmlrequiretmlls. 2) improvem::nrs implemented by IVDA, lUld 3) IVDN. expenditures for implemented improvermnrs. IVDA IMPROVEMENTS AND COSTS Table A SI11IlIIlOrizcs the IVDA roadway improvements and resulting expenditures, Ths table presents the following information. Mitigation Requirements The first set of columns in Table A SUIDllllrize the roadway irnprovamnl5 identified to off-set Specific Plan impacts, A portion of the improvem::nt requil:mlcnts are identified in the Sa" Bernard/no Intemat/oMI Trade Center Specific Plan Traffic Impact Analyris (LSA, March 8, 1996), which identifies those intersection and roadway improvemmts required to mitigate project impacts per the San Bernardino County Congestion Management Propam (eMP), Per the provisions of the CMP, the project's mitigation is a fair-share contribution to improvem:nt costs. These fair-sbare contribution costs are also identified, The remaining improvtmlllls identified are as identified in the Circulation Element (SeetionJV,E) of the S/VI Bernardino 1",emal/oMI Trade Ce"ler Specific PI/VI (Revised Noveotler 12, 1999), The Specific Plan identifies a DUmber of improvemoulS, but provides no infonnation regarding the project's fair-sbare costs, Based on this sunmary, IVDA's fair-sbare eontribution to roadway imprOVemmlS would be $31,355,737 for off-site improvem:nls, plus the project's fair share of on-site improvom:nts, B/16JOZCR:\IVD230\Estralia .lmprovtmalbi SUIDt.ty wpd) 'LAl'fl'U'Q ~"'I'I"Ori"'U~T~," SeHtH':" ~..uc.. ~4/01/2~~3 17:~9 9093822523 lVDA SBlAA PAGE 02 2003-72 LSJI. ASIOClATJ:'. It-lC. IVDA COlIStructed/FUnded Improvements Table A also sumrnarize& lho$e improvernlnts which have been constnlcted or funded by IVDA, along with information regal'ltillg the costs expended, lofonnation regal'ltillg the iJq>rovemmlS and costs were taken from information provided by IVDA on August 2, 2002, with supplelD'ntal information provided on August 8, 2002. In additioo ~ a summary of constl1lcted iJq>rovements and the totallVDA expenditures, these expenditures have been divided into two categories: Attributable Improvement CIIOts. These are costs that are directly attn'butabIe to IVDA's mitigation requ~ for Specific Plan traffic impacts. These costs essentially represent IVDA'. c:ontn'bution to off.site uitigation requireIlXilts (i.e.. lho$e improvements identified in the CMP TIA). In the case of off.site iJq>rovements, 100 percent of the IVDA e)[penditures are attributable to mitigation requirements. In the eaSe of improvements within the Specific Plan boundaries, a portion of the costs expeodetl were considered attributable. 1be proportion used reflects that portion of the tDlaltraffic that is non-project related (i.e.. traffic "cutting through" on Specific Plan roadways), These COSts are included as they are above and beyond those on-site improvements required to acc~ate project traffic, and should. therefore, be atln'buted to IVDA's off-site mitigation requirements. Non-attributable Improremenl Costs, These are costs that are not specifically attributable to IVDA's mitigation requiiem:ots, For purposes of lbese calculatioDS, lIOn-attn'butable improven=ts are defined as those on-site inl'rovements required to accoRlllJ)date project traffic impacts. 'This is exclusive of improvcm::nlS required to accornrmdate non-project traffic using roadways within lbc Specific PIG area. The proportion of coslS used reflects that portion of the total traffic lbat project related. Based on this summary.IVDA's has currenlly paid $16.719.273 in attributable improvement costs and $11,572,915 in non-attributable costs, Other IVDA Improvemenls In addition ~ CMP imprevemeots and Specific Plan improvements, several other improvemmls are included in lbe roadway improvements SUOlllllI}'. 1'bere are four olllcr sets of ~rovements implemented by IVDA lbat are not specifically identitml as part of the CMP or Specific Plan improvemonts. Two of these (Terminal Road Project and Palm Meadows Drive) are on-site improvemonts and therefore not attributable to IVDA's off-site mitigation requireJrents. The olber two (San llernardino Avenue and Ol'8nge Show Road) are off-site improvements that are attributable to IVDNs off-site llJltigatioD requirements. The eosts of these latter two improvem::nts are in lieu of itq>rovemo:n\s at other locations, 8116XYl(Ro\lVW30\l!...da - ~_ SUmDWJ/,"'J'C!) 2 04/01/2003 17:09 9093822523 IVDA SBlAA PAGE 03 2003-72 L$". .II)O(;I.Tr.~. J"C. ,'\ , Fair Share COlltribulllons WlIhin Spedfic Plan Area As noted above, a portioo of the costs for improvemoDls within the Specific Plan area are coDSidered attnbutable to "off-site" mitigation requirelUlllls, This is because these imprOVClD'1lts servc both project and non-project traffic. Therefore, the project should only be respoDSible for its fair share of costs, The remaiDiDg perlion is above and beyoDd oo-site .uq,roVemcllls required to accOIlllDldate project traffic, and sh~d, therefore, be attributed to IVDA's off.site mitigatiotl requireln'lrtS. Por purposes of Ibis assessmeot, the fair share coDlnbutions Were calculated based on build out p.m. peak hour volu= jdeolified in the eMP TIA Table B sullJOJlll'izc$ the calculations ofthc: fair share percentages used. For purposes of Ibis lISSCSs~t, the fair sbm coatnbutions for improVemcllls to 3'" Street (Tippecanoe Avenue to be! Rosa Drive) and Pel Rosa Drive (3" Street to Harry Sheppard Boulevard) were grouped together, This was because the ~ovemmts we(e implemented as part of a single project. Therefore, the volumes fur these two roadway sections Were added together and a weighted avaage fair share contribution caIculalM, In addition, 00 volulJJ'S are available for use in calculating fair share cOllll1butions for improveme:otS to Harry Sheppard Boulevard Por purposes of tbis assessment, the volllDJ'S and fair share calculation for De1 Rosa Drive were used, lbis is because the non-project traffic using Harry Sheppard Boulevard also uses Del Rosa Drive to "cut-through" the Specific Plan area, Thaefore, it was detetmined that the relationsbip of non-projCCl traffic to total traffic would be comparable fur ) the two roadways. CONCLUSIONS Based on the summary of roadway improvemr:nJ.s and costs expended to date, IVDA' s has currently expended $16,719.273 that is attnbutable to off-rile ~ovements and S 11.572,915 in on-site improvetmltell.penses. ToW ~ J1.~/<>-"",/(~ If you have any questions regarding this infonnation, please feel free to call me at (909) 781.9310. Sincerely, LSA ASSOCIA TES, INC. ~/ M. Kevin Fincher Associate Anachnr:nts: Table A - Sumnary of IVDA Roadway Improvem:nts Table B - Fair Share CODln'butions for lmprovetm1lS Wrtbin Specific Plan Area 8/1610'lQUIVD7.3O'btnldo. ....._s.......,.,wpd) 3 04/01/2003 t7:09 9093822523 IVDA SBlAA PAGE 04 2003-72 v ~ 0 ~ ~ - " - i 1 j ~~! 0 . n]~'~ 8 ~]~ II 6 > ~.~ r 0( 0( .h a J ~ 8 " g'~ ~ I\, ! 11M- H~ I ~oI: .. ~ 0 "'~ 6 ~ ,t .t oS H @ 0 ~ & r:! ;: ~. ~ v ~.:I .. .. .. slli ~ z~ u e <! r . i ~ a c . ! I!_ 8 ! .I 3 a ;: !:i i 'C ll.u ~ .. ;.!l . " " .. i '!l 3 ~ ~I .. 8 2 ~ B l!I Ii' . > Ii il ~ > .L e 0( 'Il .. ~ ! i'~ S.d e.- .., .!! "~iI15ii-; . 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I I ii' ;; Il: i! . , c ~ 'C u :8g:~ :0 ~~,'~ 2:: '5 ~ ;; :el ;: ri g " I . ul I i~ 'M 'M ..; N N '" ,~ ,~ g: "'*': I~I.., ~I ~, ~I , , , , i~1 is! 81 ~ ~I o 0' o o o ri '" ~, g -I N , I t I , I ul ii, 1 1 --- h4 I I '00 '0'" r..:o M~ ~- lJ"iri ~v MO ~,'~ M ~~ ~u O'Meo ~ 0>:1") 0 o,~ r..:..t OM'O g'~ g N; ~t6rim; ~u;_:~~-, ro 0,.... W 'I MN-~ "'*' ;;:w W "'*' 9 m . - ~ me 0-- -'O"e 0.1-. ,,- UO '" ~ "'- !~~ E '<l: u . c !"O Q) 0 c .<Il~ti .g '~U 2 ::> S: tii, c ~ ~ 8"t: '5 te c:: '~ 8"~O Q) c:: "'*'> a:: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN BERNARDINO ASSOCIATION OF GOVERNMENTS (SANBAG) CONCURRING IN CERTAIN FINDINGS AND DETERMINATIONS OF THE CITY OF SAN BERNARDINO RELATED TO THE SPECIFIC PLAN OF THE INLAND VALLEY DEVELOPMENT AGENCY FOR PORTIONS OF THE FORMER NORTON AIR FORCE BASE PROPERTIES WHEREAS, the Staff of SANBAG has previously cooperated with the Staff of the City of San Bernardino and the Staff of the Inland Valley Development Agency ("IVDA") relative to the adoption by the City of the San Bernardino International Trade Center Specific Plan, the Environmental Impact Report ("EIR") and the Traffic Impact Analysis ("TIA") as contained in the appendices to the EIR; and WHEREAS, SANBAG has been aware of the prior historical levels of daily vehicle trips that were generated at the former Norton Air Force Base ("Norton") by the United States Air Force ("USAF") prior to the closure of said military base in 1994 and the necessity for the City and the IVDA to rely upon such levels of historical traffic volumes in structuring the reuse of Norton as further set forth in the Specific Plan and the EIR; and WHEREAS, the Staff of SAN BAG has previously reviewed the TIA at the time that it was circulated for review and additionally at the time that the TIA was included as an appendix to the EIR which further incorporated the mitigation measures to be undertaken by the City and the IVDA with respect to new development within the Specific plan area; and WHEREAS, SAN BAG recognizes its obligations under the California Environmental Quality Act to determine a "baseline" which respect to historical levels of development for the determination of further impacts which are in addition to such historical baseline levels; and WHEREAS, the City of San Bernardino has presented an Implementation Plan and a Mayor and Common Council adopted Resolution No. to this Board for concurrence in the manner in which the City intends to implement the Mitigation 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 Measures identified in the EIR and the TIA for the IVDA Specific Plan; and WHEREAS, it is reasonable for the this Board to concur in the decision of the City as to the Implementation Plan and Council Resolution No. and to provide certainty to both the City and the IVDA as they proceed with development efforts and reuse activities on the former Norton properties; and WHEREAS, the Implementation Plan as presented by the City is fair and equitable to assure the region that if the historical level of vehicle trips that were previously generated by the Norton properties with the prior USAF activities is exceeded in the future, a mechanism is available to allocate the historical number of exempt vehicle trips and to assure that each new development project pays its fair share of required regional street, intersection and freeway improvements; and WHEREAS, the City has established a special fund into which shall be deposited a varying dollar amount to be collected from all development that occurs within the Specific Plan area on the Norton properties to assure that a viable funding source is available if and when required to address the regional impacts that may be generated from the Specific Plan development if and when the historical level of vehicle trips is exceeded. NOW, THEREFORE, BE IT REOSLVED, DETERMINED AND ORDERED BY THE BOARD OF DIRECTORS OF THE SAN BERNARDINO ASSOCIATION OF GOVERNMENTS, AS FOLLOWS: SECTION 1. The recitals as set forth above are hereby found to be accurate and correct in all material respects. The Board of SAN BAG acknowledges that pursuant to Public Resources Code Section 21166 there are no additional events, facts or circumstances that would require any further review of or modifications to the Specific Plan, the EIR or the TIA at this time, and the City adoption of the Implementation Plan and the Council Resolution No. is consistent with all such prior documents. SECTION 2. The Board of SAN BAG having been presented with copies of the Resolution No. of the San Bernardino Mayor and Common Council, together with all attachments thereto, including the Implementation Plan, hereby concur in 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the actions taken by said City Council to implement the provisions of the IVDA Specific Plan. SECTION 3. The Board of SAN BAG further recognizes the historical number of vehicle trips that were generated by the prior military use of the Norton properties and agrees with the manner in which the City shall administer the collection of impact fees and the allocation of the various levels of the historical number of vehicle trips upon the occurrence of new development both within the Specific Plan area and within the remaining areas of the Norton properties. SAN BAG recognizes that the Mitigation Measures identified in the EIR is a fair and equitable method to implement the undertaking of additional mitigation measures only if and to the extent that the daily vehicle trips from the Specific Plan area exceed the historical levels previously generated by the former Norton properties. SECTION 4. The City of San Bernardino shall not be penalized or in any other manner become financially disadvantaged through the implementation of any policy by SAN BAG by reason of the approval and adoption of said Resolution and the adoption of the Implementation Plan as such relates to the planning and allocation of all available funding sources by SAN BAG in the undertaking of all future joint transportation projects by SANBAG that require funding participation by the City of San Bernardino. The recognition by the City of San Bernardino and SANBAG of the historical level of daily vehicle trips previously generated by the United States Air Force at the former Norton Air Force Base or the additional vehicle trips referenced below will not under any circumstances require the City of San Bernardino or any other property owner or developer of land within the City of San Bernardino to pay for, mitigate or otherwise become financially responsible for such historical level of daily vehicle trips. SANBAG recognizes the level of historical daily vehicle trips at the former Norton properties to be 46,520 for which no mitigation shall be required to be imposed by the City of San Bernardino until the daily vehicle trips exceeds such number and then only in the manner as provided in the Resolution of the City of San Bernardino and the Implementation Plan. SAN BAG further agrees with the methodology and the manner in which the City has calculated the additional vehicle trips for which the IVDA shall be entitled to receive without any further mitigation by reason of the IVDA having expended the dollar amounts recognized by the City in furtherance of projects 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identified in the TIA and other similar substitute projects as determined reasonable by the City. SECTION 5. This Resolution shall take effect upon its adoption by this Board. I HEREBY CERITIFY that the foregoing Resolution was duly adopted by the governing board of SANBAG at a meeting thereof, held on the day of , 2003, by a majority of the Board members present and voting on such matter. Clerk of the Board President Approved as to Form And Legal Content: By: County Counsel 4 J! ~ ~ o a .!; ~ U 1 ~ :g~1 o,,~ sri;' ... .. ... ] ;: ~ - o :IE ~ vi ;;; .. .. ... .. 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