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HomeMy WebLinkAbout14-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: J~mes GR l G l N A L Director Date: March 31, 2003 Subject: Resolution adopting an Implementation Plan in connection with the San Bernardino International Trade Center Specific Plan of the Inland Valley Development Agency (former NAFB Properties) Dept: Development Services Synopsis of Previous Council Action: MCCDate: 04-07-2003 Recommended Motion: ~ Adopt Resolution. Signature Contact person: R::lY r.::lsP.y Phone: 3305 Supporting data attached: Staff ReDort. MMC Reso. IVOA VTC Ward: 1 st Implementation Plan w/Exhibits A,B,C,O & SAN BAG Reso FUNDING REQUIREMENTS: Amount: $ Source: (Acct. No.) (Accl. OescriDtion) Finance: Council Notes: Kt;S0L!-ZCC>::' '1 'J- Agenda Item No. Ii 'If1l!)] CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Proposed Actions: (a) Motion to adopt the attached Resolution of the Mayor and Common Council to approve an Implementation Plan for the Inland Valley Development Agency Specific Plan and to implement the Mitigation Measures under the Environmental Impact Report and Traffic Impact Analysis. (b) Motion to direct the Mayor to submit a form of a concurrence Resolution to the Board of SANBAG for approval. Background: The Mayor and Common Council approved a Specific Plan for approximately 652. I acres on the former Norton Air Force Base at the request of the Inland Valley Development Agency in 1996. The Specific Plan was amended in 1999 for several technical changes. The ErR that accompanied the approval of the Specific Plan included a Traffic Impact Analysis ("TIA") and various mitigation measures that were required to be implemented by the City as new development occurred within the Norton properties. The only new construction that has occurred within the Specific Plan Area was the Kohl's distribution center, which was approved by the Mayor and Common Council in late 2001. In November, 2001, the Mayor and Common Council adopted a Resolution, which made certain findings to the effect that the IVDA had previously undertaken a significant amount of regional street, highway and intersection improvements utilizing grant funds and its own resources for such construction which far exceeded the amount that Kohl's would otherwise have contributed towards the regional traffic and circulation infrastructure identified as the financial obligation of the IVDA under the Specific Plan and the ErR documents. At the time that the Air Force was in full operation at NAFB, the Air Force determined that their highest level of activities on the Base generated 46,520 daily vehicle trips. That figure then became the "baseline" or the benchmark number for which it was determined to condition new development for compliance with the mitigation measures. Only if the number of daily vehicle trips were to exceed that 46,520 figure would any mitigation be required. CEQA requires certain information to be included and analyzed within an environmental impact report for purposes of determining a "baseline" assessment. This was prepared for the IVDA Specific Plan 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 II ,000,000 square feet of new development on the Norton properties in compliance with the land uses specified in the Specific Plan. Under CEQA, public agencies 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) 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 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 SANBAG which were involved in the preparation of the EIR for the 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 Specific Plan and the Specific Plan EIR which were adopted in 1996 with input from SANBAG. Furthermore, under Section 21083.8.1(b)(2), subsequent activities conducted under the 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 Specific Plan ElR. The City of San Bernardino will be able to determine that of as of this date, Section 21166 has not been triggered for specific development projects under the Specific Plan. The attached Resolution makes the necessary findings and determinations on this point. The original TIA identified the potential for 103,006 daily vehicle trips if 11,056,617 square feet of new development occurred solely within the Specific Plan area. The TIA also identified $31,355,737 of regional street, intersection and highway improvements that were the obligations of the developments that occurred when the "baseline" daily trip levels of 46,520 were exceeded. The Implementation Plan and the Resolution as presented to the Mayor and Common Council for consideration finally brings all the thoughts and ideas from the past 7 years into a single action of the Council to establish the fee mechanism and the manner of allocation of the "baseline" daily vehicle trip levels and the manner to fund the additionally required regional street, highway, intersection and freeway improvements. The IVDA has completed approximately $28M of street improvements of which approximately $16,719,273 would qualify for those types identified in the Specific Plan. However, approximately $4,109,730 of regional traffic improvements have been completed by the IVDA which should be considered as a direct dollar for dollar offset against the originally anticipated figure of $31,355,737 and the remainder should be considered as satisfactory substitute projects all based upon 1996 dollars. The IVDA is currently concluding the construction of a Third Street and Tippecanoe A venue widening projects and these costs will likewise be considered as payment towards the obligations of the IVDA under the Specific Plan when the final costs have been precisely determined. 3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) Attached are the following items: I. the proposed Council Resolution to establish the dollar amount of the vehicle trip fees for the IVDA Specific Plan Area by category of fee exemption and approving the Implementation Plan; 2. the Implementation Plan that further clarifies the methodology for the administration of the vehicle trip units based upon both the historical level of use by the Air Force and the value of the acquired capacity units for streets projects completed by the IVDA; 3. the independent engineer's study as commissioned by the IVDA to identify each line item of originally anticipated regional street, intersection and freeway improvements and to determine which have been completed by the IVDA (Exhibit "A" to the Implementation Plan); 4. a spread sheet illustrating the manner in which the various formulas operate and the assumptions that were employed to arrive at the suggested dollar amounts as set forth in the Resolution and the Implementation Plan (Exhibit "D" to the Implementation Plan); and 5. the form of the proposed SANBAG concurrence Resolution. Summary of the Implementation Plan: The key points of the Implementation Plan and the Council Resolution are summarized as follows: on the basis of the "baseline" analysis, establishes the 46,520 vehicle trips as the historical level to which the IVDA is entitled to achieve without any mitigation measures and establishes an administrative fee of $25/vehicle trip for the use of these levels of historical trips; the Council Resolution makes the necessary findings and determinations under the Public Resources Code that there are not changed events, facts or circumstances that would require any further analysis under CEQA at this time; creates an additional 30,073 of acquired capacity vehicle trips for the IVDA based upon the value of the public improvements previously completed by the IVDA; establishes an administrative fee of $50/vehicle trip for this number of acquired capacity vehicle trips; establishes the value of each vehicle trip that does not have either form of a vehicle trip capacity unit from the IVDA at $637.64/vehicle trip for the first year after the date of the Implementation Plan; this also would apply outside the Specific Plan area within the remaining Norton properties and to property owners who do not receive a vehicle trip capacity unit validly assigned from the IVDA; 4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) delegates to the IVDA to be the administrator of all vehicle trip capacity record keeping issues; IVDA to maintain all record keeping and to transfer or assign vehicle trip capacity units at its discretion; City Engineer has the right to apply an annual construction cost inflator to the 1996 cost figures of $31,355,737 as specified in the Specific Plan documents for each then current year; City Engineer to audit the actual uses of vehicle trips at Norton; only upon a change in use as defined in the Municipal Code might a property be required to pay for or acquire additional trip capacity units if there is a change in use at a later date; if a change in use results in less vehicle trips being anticipated, then no refund to the subsequent user but the remaining pool of unused capacity would be benefited by such reduction for a particular user; establishes a special fund for the payment of all $25 and $50 administrative fees and the full fee of $637.64 (as shall be inflated annually); City to use such funds as accumulated plus the interest earnings thereon for the required purposes under the Specific Plan to complete additional regional street, highway and intersection improvements that would produce additional acquired capacity units to the IVDA; IVDA then to receive additional vehicle trip capacity units based upon the City completing the additional improvements; City to use funds also to undertake all traffic studies and other monitoring activities for the use of the vehicle capacity units; developers within the Specific Plan area are required to pay the $17 per vehicle trip City-wide traffic fee and to install any other City required street improvements, landscaping, other traffic improvements and street and signal lights ; 15,000 vehicle trip capacity units (credits) are reserved for the San Bernardino International Airport Authority; SBIAA is presently working on an EIR and a separate TIA to determine how many of these vehicle trip capacity units should be allocated to SBIAA. Financial Impact: None. Recommendation: The City Engineer recommends that the Mayor and Common Council adopt the attached Resolution approving the Implementation Plan for the implementation of the vehicle trip capacities for the IVDA Specific Plan. Staff will ask the Mayor to submit a draft Resolution to SANBAG to concur in the findings and determinations of the Council for the SANBAG meeting of May 7, 2003. 5 \ 1/ u RESOLl;TIO"l "10. ] RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AN IMPLEMENTATION PLAN IN CONNECTION WITH THE SAN BERNARDIl\'O Il\'TERNATIOl\'AL TRADE CENTER SPECIFIC PLAN OF THE I:\LAND VALLEY DEVELOPME:\T AGENCY (FORMER :'I<AFB PROPERTIES) 4 , " ~ 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 Dewlopment Agency 9 III ("IVDA,,) and as approved by the City on March 18. ] 996, which includes approximately 652.1 acres on the former Norton Air Force Base ("NAFB"); and I] 12 ]] WHEREAS, the Specific Plan included language in Section D. INFRASTRUCTURE DEVELOPMENT PROGRAM, D.I. Land Use/Infrastructure Relationship, page VI-5. thereof that permitted the IVDA to replace the number of daily vehicle trips that had previously been ]4 j';; 16 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 Em'ironmental Impact Report ("EIR") circulated and reviewed by responsible agencies in the manner as required by California law; and 17 18 ]9 20 2 ] WHEREAS, said Section D.I. states in part that "for the first 46,520 vehicle trips per day 22 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 ,- -'.-' 24 requirement for additional traffic mitigation fees"; and 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 28 the various traffic mitigation measures that would be required of development \\ ithin the Specific Plan area; and SB2003.11606 -1- WHEREAS, the EIR included as an appendix thereto a Traffic Impact Analysis ("TIA"') concluding that the proposed development within the Specific Plan area could generate upwards , of 103.006 dailv \ ehicle trips upon full build out of ] 1,056,617 square feet of de\e1opment 4 within the Specific Plan area: and 5 (, WHEREAS, the City Engineer has caused to be prepared an Implementation Plan (attached and incorporated herein as Exhibit ]) that describes in further detail the general 8 provisions contained in this Resolution as to the manner and method for the calculation of the " various aspects relating to the payment of amounts required to mitigate the traffic impacts that 1 (I may be generated by new development within the Specific Plan area: and II 12 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 14 Common Council regarding the actions to be taken with respect to this Resolution and the 1-'; 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 WHEREAS, the report as submitted by the City Engineer to accompany the 19 consideration of this Resolution recommends that the Mayor and Common Council may, based 20 upon the evidence as submitted, make appropriate findings and determinations to the effect that 2 I Public Resources Code Section 21166 which otherwise requires that certain events, facts and 22 circumstances could trigger the re-evaluation of a project is not applicable to that project at this 23 time as described in the Specific Plan, the EIR and the TIA: and 24 25 WHEREAS, it is necessary at this time for the Mayor and Common Council to adopt this 26 Resolution for the purposes of implementing said Section 0.1, of the Specific Plan as has been 27 requested by the IVDA. 28 SB2003,116(16 -2- NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR A'iD CO\I\10'\ 2 COUNCIL OF THE CITY OF SAN BERNARDINO. AS FOLLOWS ) Section 1. The Recitals as set forth above are hereby found and determined to be 4 5 accuratc and correct in all respects, The Mayor and Common Council hereby find and " determine. based upon the e\'idencc. including that as contained in the report from the City Engineer, submitted at and prior to the time of approval of this Resolution. that pursuant to x Public Resources Code Section 21166 there are no additional events. facts or circumstances that 'I would require any further re\'iew of or modifications to the Specific Plan. the EIR or the TIA at ICi this time, II 12 Section 2. (a) The Mayor and Common Council hereby reaffirm those provisions I) contained in Section D.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 ] 5 of the specific public infrastructure projects identified in the IIA, for the mitigation of traffic 16 impacts as to the new development and new uses that occur within the Specific Plan area of the I" IVDA until there is generated from new development activities within the former NAFB IX boundaries an amount of daily vehicle trips in excess of 46.520 daily \ehicle trips (said number 19 of daily vehicle trips is herein defined to be the "Norton Historical Capacity Units" as furthcr 2Ci 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 (b) The Mayor and Common Council hereby find and determine. based upon the 24 Report of the City Engineer as attached hereto and the Implementation Plan as caused to be 2' prepared by the City Engineer as attached hereto, that the IVDA has previously paid 26 S 16.719.273 for various public street, intersections and other freeway improvements, Such 27 dollar amount as expended by the lVDA is hereby determined bv the !vlayor and Common 2X Council as eligible to qualify for a direct dollar offset as to the previously determined amount smoo:; ] 1606 , --)- 2 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 potentiall) 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 improwments shall be increased each vear bv a construction cost inflationarv factor to be determined bv the Cit\ EJ1l!ineer in the . ~' . '- manner as set forth in the Implementation Plan. 3 4 (, 7 8 9 Section 3. J\otwithstanding the provIsIOns of Section 2 hereof. the Mayor and 10 Common Council hereby establish the fee to be paid to the City for each use of a J\orton II Historical Capacity Unit at a dollar amount equal to $25 per Norton Historical Capacity Unit 12 subject to increases annually equal to the construction cost inflationary factor to be determined 1] by the City Engineer (the "Norton Historical Capacity Unit Fee'} Such Norton Historical 14 Capacity Unit Fee shall be paid to the City either by the IVDA or by another party to which such 15 i\orton Historical Capacity Unit has been validly' assigned by the IVDA in writing to a user or 16 other occupant or tenant upon the new development that occurs within the former NAFB 17 properties at the time that a building permit is issued by the City within the Specific Plan area. 18 19 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 llnits" 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. 20 21 " 2] 24 25 26 (b) The Mayor and Common Council hereby establish the fee to be paid to the City 27 for each use of an Acquired Capacity Unit at an amount equal to $50 per Acquired Capacity 28 Unit subject to increases annually equal to the construction cost inflationary factor to be SB2003. I ] 606 -4- 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 IVDA or by another party to which such 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 fonner NAFB properties at 5 the time that a building permit is issued by the City within the Specific Plan area b 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 Y Plan) at an amount equal to $555.17 per DVT in 1996 dollars subject to increases thereof on an ] 0 annual basis upon the City Engineer applying the construction cost inflationary factor to the ] ] 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 IJ elsewhere within the NAFB boundaries. Such DVT Fee shall be paid to the City either by the ]4 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. IY ~o (b) It is hereby determined bv the Mayor and Common Council that until such time 2] as an additional traffic impact analysis is conducted for the areas on NAFB that are not presently 22 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 1\AFB will be required to pay the DVT Fee. The Mayor and 0- ~J 24 25 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 26 27 18 and outside the Specific Plan area within the former NAFB. SR2U(i311hU6 -5- 2 (c) The Mavor and Common Council further find and determine that all new development within the non-Specific Plan areas of NAFB shall be required to pay the DVT Fee as required by this Resolution. The IVDA shall have the sole right to determine whether to transfer to any party seeking to develop new facilities within the Specific Plan area any number of the Norton Historical Capacity Units or the Acquired Capacity Units and under such terms 3 ~ , (, and conditions as the lVDA may determine at its sole discretion: provided. however. that the holders thereof shall be required to pay to the City the amounts set forth in this Resolution and x the Implementation Plan notwithstanding anything to the contrary under anv agreement wIth the 9 IVDA or under any representation made by the IVDA. III II Section 6. The Mayor and Common Council hereby establish the special fund to be ]2 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 13 I~ 15 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 ~vlayor and Common Council solely for the undertaking of any items of public streets, intersections and freeway improvements, 10 17 18 19 20 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 of funds 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 21 " ,- ~J 2-1 25 26 r o' or other verifications of the number of daily vehicle trips then being generatcd within the 28 Specific Plan area as prO\ided in the Implementation Plan. 582003: 11606 -6- Section 7. (a) The Mav()[ and Common Council hereby approve the Implementation , Plan as attached to this Resolution and further authorize and direct the City Engineer to undertake all activities set forth therein as mav be deemed appropriate bv the City Engll1eer to 4 further carry out the goals and purposes of the Citv as set forth in the Specific Plan. the TL\ and the "litigation \lonitoring Program required thereunder. l> I (b) The City reserves the right to conduct audits of the number of Norton Historical Capacity Units. Acquired Capacity Units and DVT's that are then bcing generated within the Specific Plan area and within the other properties within the former NAFB boundaries. As further provided in the Implementation Plan. the number of Norton Historical Capacity L'nits and Acquired Capacity Units as may be available to the IVDA and to other assignees of the IVDA prior to the actual use thereof for a precise development project shall be subject to adjustment from time to time upon the direction of the City Engineer based upon the actual number of DVT'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. 16 I No user who has applied a previously determined amount of Norton Historical Capacity Units or Ie Acquired Capacity Units or has paid a DVT Fee shall be required to pay additional amounts or x q III II 12 11 14 I' IS to obtain additional Norton Historical Capacity Units or Acquired Capacity Units as a result of 19 such increase in DVT's unless there has been a change in use of such precise development ,0 project that pursuant to the City \1unicipal Code would allow for the imposition of additional ,I requirements upon any such development. In the event it is determined by the City Engineer that the amount of DVT's then in use exceed the number as initially forecasted for a precise 22 O' ., development project, the City shall reduce the number of Norton Historical Capacity Units or Acquired Capacity Units, as applicable. and as shall be determined by the Citv 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. 24 ,5 ,6 2"1 ,S SB2003 11606 -7- (e) l;pon request of the IVDA. or any party to whom all or substantially all of the e J\orton Historical Capacity Units or the Acquired Capacity Units have been assigned certilics 111 1 writing. that the development of the Specific Plan area will be completed with the de\ elopmel1l 4 of the next subsequent building and a final number of DVr s can be determined precisely \\ith 5 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 unused :\orton Historical Capacity Units and the Acquired Capacity Units and may. if deemed appropriate by the City Engineer, ~ ddernline the amount of the remaining DVT Fee to be paid to accomplish the final build-out of Y the SpecifIc Plan area taking into account the then remaining items to be completed pursuant to IU the Mitigation :Yleasures. II Ie (d) Any such audits shall be conducted in a manner to reasonably assure that the I, J audited number of Dvrs reflects normal operations over an extended period of time without being materially affected by Dvr s of transient vehicle traffic of parties or by reason of seasonal fluctuations in traffic levels. 14 15 16 l' Section 8. Payments of fees made pursuant to this Resolution and the IS Implementation Plan shall not exempt any particular project or developer from the payment of (i) any other traffic impact fees levied by the City on either a City-wide basis or otherwise with respect to the Speciflc Plan area. (ii) any other regional fees levicd by the City or any other 19 20 2] governmental agency for trafflc related improvements. freeway improvements and intersections '0 and freeway on- and off-ramps. (iii) the amounts required for the construction of public improvements. including, but not limited to, utilities. landscaping. curb cuts and median strips. streets and roads, curbs and gutters and sidewalks, traffic lights, trafflc signals, signage and any other items determined by the City through the application process for any building permit, parcel map or design review approval requested for a speciflc development project within the Speciflc Plan area. (iv) amounts determined by the City Engineer on proportionate basis to comply with the requirement under the Speciflc Plan and the Mitigation Measures regarding any 7' ., e4 25 e6 27 2~ SB2003.1 J 6(16 -8- reduction in serVice levels of any intersection impacted by a proposed dewlopment project 2 within the Specific Plan area. and (v) participation in a City maintained Landscape & Lighting ] Maintenance Assessment District. 4 (. x 9 10 ]] ]2 13 ]4 I ~ 16 ] 7 ]8 ]9 20 2] 22 23 14 1~ 26 27 2X S82003] ] 606 -9- RESOLUTIO:\ OF TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SA" BERNARDINO ADOPTING AN l'vlPLEMENTATION PLAN IN CONNECTION WITH THE SA"J BERN/\RDINO INTERNATIONAL TR.A,DE CENTER SPECIFIC PLAN OF THE It\LA!\D VALLEY DEVELOPMENT AGENCY (FORI\lER NAFB PROPERTIES) .J , o I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on " is 16 17 IS 2003. , 2003, by the following vote. to-wit: i9 2() 21 21 NAYS ABSTAIN ABSENT City Clerk The foregoing Resolution is hereby approved this _ day of Judith Valles, Mayor of the City of San Bernardino Approved as to form 23 and legal content: 24 25 26 27 28 SB2003.]] 606 James F. Penman City Attorney -10- 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 Snvironmental Impact Report ("EIR") and Traffic Impact Analysis ("TUI"). 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 ~ilitary 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 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 ~VDA 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 EIR and the TIA for the IVDA Spec:fic Plan. The United States Air Force ("USAFU) recognized in official documentation prepared in connection with the closure of the former Norton Air Force Base ("NAFBU) 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 :nfrastructure 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 "baselineu assessment. This should be prepared describing the pre-existing conditions and impacts of the property described within the CEQA "projectu. 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 pcoject. 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 SANBAG which were involved in the preparation of the EIR for the IVOA 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 "baselineu 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 IVOA Specific Plan and the EIR which were adopted in 1996 with input from SANBAG. Furthermore, under Section 21083.8.1Ib) (2), subsequent activities conducted under the IVOA Specific Plan should utilize the same environmental approach, unless new events have triggered a need for a subsequent review under Pub:ic 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 IVOA Specific Plan. The IVOA 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 1121,183 gross new trips less 10% for Internal Trip Capture and less 5% for TOM/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 IVOA Specific Plan has incorporated said 3 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 .I\irport 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 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 Clty 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 lncluded 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 Ii) 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 rlghts 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 Ii) the entire number of the Norton Historical Capacity Units, except as to those reserved herein for the SBIAA, and Iii) 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 condltionally 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 trlps anticipated to be generated by each new use on the NAFB 5 p~operties 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 t~ips 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 use~s 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 Hayor and Common Council Resolution adopting this 6 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. MAirport" 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. MAcquired 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. MAcquired 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. MCEQA" shall mean the California Environmental Quality Act of 1970, as amended. MCity" shall mean the City of San Bernardino. MConstruction Index Inflator" shall mean that percentage inflationary flgure 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 election of the City Engineer. UCMP" means the Congestion Management Program as adopted by SANBAG and as the same may exist and be amended from time to time by SANBAG. UCMP 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. UDVT" 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 ~umber of DVT's for trucks of various weights and number of axles shall be determined from time to time by the City Eng~neer. UDVT Fee" or uSpecific 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. UEIR" shall mean the Final Environmental Impact Report for the San Bernardino International Trade Center as certified by the City on March 18, 1996. UIVDA" shall mean the Inland Valley Development Agency, a Joint powers authority established by the County of San Bernardi~o, the City of Colton, the City of Loma Linda and the Clty of San Bernardino. UIVDA Specific Plan" shall mean the Specific Plan as 8 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 =VDA 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. "SBIM" 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 ~ncluded 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 Feeu 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 $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. "TIA" 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 Speclfic 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 c) Implementation of additional capacity on parallel rouces to offset impacts on existing routes. Such additional capacity shall be approved by the City prior to implementacion credits being allowed. The City recognizes a total of 46,520 vehicle trips from the predevelopment status of the Base. Implementation of mitlgation 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." Ic) 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 reco~~ended 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." 11 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 representi~g 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 cmprovements, or their equivalent, equal to $16,719,273 prior to the date hereof. Such dollar amount of IVDA completed CMP 12 Improvements, or their equivalent, shall entitle the IVDA to Acqulred 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 tr.at 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 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 NAFS 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 lD use the applicable number of Norton Historical Capacity Units required for their continued use of such facilities and shall not be subjected to (il 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 WhlC~ a DVT Fee was paid that were validly applicable to such 14 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 requlred 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 FundH (the "IVDA Special FundH) 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 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 ffiethodology 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 B. (a) It is recognized that at such time as the $31,355,737, subject to the Construction Index Inflator, has 16 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 Cnits 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- cut 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 requlred 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 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. Ib) All persons seeking to develop new buildings on the NAtB 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 ~ay be determined as conditions of approval for any specific development project on the NAfB properties or within the IVDA Speciflc 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. Ib) 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, SAN BAG or any other State or local governmental agency 18 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 CMF Improvements. 19 Exhibit A August 16, 2002 REC'\) AUG 19 ZOO? fllv . ~~J1; {~.'* Alex Estrada Inland Valley Oevelopm:ar Af,enr::y 294 South Leland Nonoa Way, Suite #1 San Bernardino, Cabfornia 92408 Subject: IVDA Roadway ImprovelD'nts Summary of lmproVCTD'tllS and Expenditures Dear Alex: LSA Associates, Inc, (LSA) is pleased [0 present this SUlIll1'llry of information regarding the Inland Vaney Development Af,eocy (IVDA) roadway improvem:nt rcqu~nlS associated with future developmmt of the San Bernardino International Trade Center Specific Plan. This summary presents I) roadway improvemmt reLluirem>nts, 2) improvem;nts implem:nted by lVDA, and 3) IVDA's expenditures for impleJnnted imptovem:nts. IVDA IMPROVEMENTS AND COSTS Table A suxnmarizcs the IVDA roadway improvements and resulting expenditures. This table presents the fuDowing information. Mitigation Requirmtents The first set of columns in Table A surrmarize the roadway improvem:nls identified to off-set Specific Plan impacts. A portion of the improvem:nt requimncnlS are identified in the San BemardlllO IlIIernanonal Tralk Cenrer Specific Plan Traffic Impacl Analysis (LSA, March 8, 1996), which ideol1fies those inlJorsection and roadway improvem:ots required to mitigate project impacts per the San Bernardino County Congestion Managemcnl Propam (CMP). Per the provisions of rhe CMP, the project's mitisation is a fair-share contribution to improvement costs, These fair-share contribution costs are also identified. The remaining improv~ts identified are as identified in the Circulation Element (S..,tionIV.E) of the San Bernardino Inlema/lonal Trade Cemer Specific Plan (Revised Noveui>er 12, 1999). The Specific Plan identifies a IDImber of irnproveu-lS, but provides no information regarding the p,'oject's fair-share costs. Based on this sUlDDAry, IVDA's fair-share contnllutJon to roadway improvemmts would be $31,355,737 for off-SIte irnprove1Ill'nts, plus the project's fair share of on-site inq>rove~. !/16102.<R:1JVD230IEstRl!a -lmprov~ SUImary wpd) .r.,,""n'lIa I"WI.OfolIolCJfT..... se'''H,-'' tlEIIC,", 04/01/2003 17:09 9093822523 1VDA S8lAA PAGE 02 L5^ A'IOCI.ATE~ ,...c. IVDA Cono;tructedlFunded Improvements Table A also summarizes Ihose improve~nts whicb IuIve been constructed or funded by IVDA, along with information regardiDg the costs expended. Information reganliD!! the ~rovem:nts and costs were taken from information provided by IVDA on August 2, 2002, with supplemental infonnation provided on August g, 2002. In addiltoQ In a sumnary of constl1lcted ~ovem:nts and the tot.IIVDA expenditures, these expenditures have been divided into two categories: Altributabl~ Improvement Coots. These are costs that are dire<:tly attributable to IVDA's mtigation requirem:nts for Specific Plan traffic impacts. These costs essentially represent lVDA's contnoution to off.site mtigation require=rs (i.e" those improvem:nts identified in the eMP TIA). In the case of off. site iJq>rov~ts, 100 percent of the IVDA expenditures are attributable In millgation requirements. In the case of improvemonts within the Specific Plan boundaries. a poruon of the costs expended were considered attributable. The proportion used reflects that portion of the total traffic 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 oD-site improvements required to accomrmdate project traffic, and should, therefore, be attnouted to IVDA's off-site mitigation requirements . Non-attributable Improvemmt Casu. These are costs that are not specifically attributable to IVDA's mitigation requ~nlS. For purposes of these calculations, non-attnoulAble irnprovelD'llts are defined as those on-sitc ~ovcmeots required to ICcomtllJdate project traffic impacts. This is exclusive of improvements required to accomrmdate non-prnject traffic using roadways within thc Specific Plan area. The proportion of costs used reflects that portion of the total traffic that project related. Based on this summary, IVDA's has currenlly paid S16,719,273 in attributable improvement costs and $11,572,915 in non-attributable costs. Other IVDA Improvemenls In addition to CMP impmvemenlS and Specific Plan improvements, several other ~ovcmo:nts are included in the roadway improvcmo:nts surmnary. Then: are four other sets of improvelret\ts implem::nled by IVDA that are not specifically identified as part of the eMP or Specific Plan improvements. Two of these (ferminal Road Project and Palm Meadows Drive) an: on.site improvements and therefore not attributable to lVDA's off.site mitigation require.oxlnts. The other two (San Bernardino AVCllUe and Orange Show Road) are off-sile improVem::1lIs that are attributable to IVDNs off-site mtigation requirem:nts. The costs of these latter two improvem:nts are in lieu of improvements at other locations. 8J16K11.(R:\IVD230\f~d.. -lmpro"UDaItJSumDW}',wpcll 2 04/01/2003 17:09 9093B22523 IVDA SBlAA PAGE 03 Li.A ,,'SOC'4TI!. lNC. " Fair Share Contributions Within Specific Plan Area As noWd above, a portion of the costs for improVem::nls within the Specific Plan area are considered attributable to "off-site" IlJitigation requirermnts. This is because these improvemonts servc both project and non-project traffic. Therefore, the project should only be responsible for its fair share of costs. The remaining portion is above and beyond on-site uq>rovem:nls required to accOUllIJJdate project traffic, and shoWd, thereforc, be attributed to IVDA's off-sile mitigation requirenxnts. For purposes of this assessment, the fair share coDlributions were calculate<! base<! on build out p.m peak hour volumes idenlifie<! in the eMP TIA Table B sunvnarizes the calculations of lhe fair share percentages used. For purposes of this assessment, the fair share ""ntn'butions for improvemoots to 3'" Street <Tippecanoe Avenue to Del Rosa Drive)anll Del Rosa Drive (3" Street to Harry Sheppard Boulevard) were grouped togelber. This was because the ~ov~ were ~lemenWd as part of a single project. TherefOre, the volurres for lhese two roadway sectioDS Were added togelher and a wei8hte<! average fair share cornribution calculated. In addition, no volumes are available for use in calculating fair share cllOll'ibutions for improvements to Harry Sheppard Boulevard Par purposes of this assessllEDl. the volunxs and fair share calculation for Del Rosa Drive were use<!. This is because the non-project traffic using Harry Sheppard Boulevard also uses Del Rosa Drive to "cut-tbrou8h" lhe Specific Plan area. Therefore, it was detennined that the relationship of non-project traffic to total traffic would be comparable for the two roadways. CONCLUSIONS Based on lbe summary of roadway improvem:ms and costs ell.pended to date, IVDA's has currently expended $16,719.273 that is attn'butable to off-sire improvements and $11.572,915 in on-site improvement ell.penses. T:d-~ ;l. ,;. ~,~'f", /(6 If you have any questions reganling this information, please feel free to call = at (909) 781-9310. Sincerely, LSA ASSOCIA TES, INC, ~/- M. Kevin Fincher Associate Anachm:nts: Table A - SUlIJl)ary of IVDA Roadway ImprovelIEllls Table B - Fair Share Contn'butions for Improvem:nlS Within S pecilic Plan Area I ,/ 8/16IOUJl:\lV0230~dI - ImproVll:lMl'lQ S\lmDIU)'.wpd~ 3 ~4f~1/L~~J 1/:a9 9a93822523 IVDA SBlAA PAGE 04 . 0 ~ ~ - < L i t J !l " ~ 0 . H~H ~ Ll!:!! q 5 ~.~ i'< . '" ~Hr 8 " Ii ~ g~ ~ II, II l<l: ."b ~ l 0. ~ 0 ~ j:~ :l: 0 ~ ~_ t,;:z:: .0..5 '" ~ g 0 ~. ~ ~'j ~ ~ 0- N ] .. . ':.:1 .. .. .. : j Ii " z;j U e ~ i e "'- ~ j I e ~ 8. 0 . ! 8 .Ii .! . 3 a ::l :::i il " Il.u .. ... ;.!l . .. .. .. . j 'll ~ ~ ~ s ;; g q 8 . ~ B ~ ~ . . i il . . ,L u 0 '" 'Il" ~ ! .~ ~ S a; ~ ... "5 . E! r- . 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' IAlAtflb<7,IAb<7'IA'IAIAIA<fiIA<fifflffl!<fi:fflb<7'tflb<7lAlAl!A IA <ii-':';"-CO~a,O--;:-N M"~-1.() \o-"::-oo~;: N M ~:..o-w-r::------ ~ g: ~8l g g gggg g g,g goo 0 O,O!O 0 0 .- .- .- .- N N N N'N,N N N N N N N N N:N'N N N 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 W~~?EAS, t~e S~aff of SAN BAG has prevlously cooperated wl~h =he Staf~ cf the City of San Bernardino and :he S:a~~ cf :he Inland Valley Development Agency ("IVDAU) relative to ~he adoption by the City of the San Bernardino Ir.ternational Trade Ce~te~ Specific Plan, the Environmental Impact Report ("SIFU! a"d the Tra~fic Impact Analysis ("TIA") as cor.cained ~n the appe"dices to the ElF; and ~HEREAS, SAN BAG has been aware of the prior historical ~evels cf daily vehicle trips that were ge"erated at the ~8~~e~ ~ortc~ A~r ?orce Base :\'!~orton") by the Un~:ed States Alr ferce ("~SA?") pr~or ~o the closure of said rnili~ary base In :994 and the necessity for the City and the IVDA to rely upc~ s~ch levels of h~storical traffic vo:urnes in s:r~c:ur~ng tte reuse of Nor:on as further set forth in the Specific ?lar. and the ElF; a"d W~EREAS, the Staff of SAKBAG has prevlously reviewed :ne :IA at the tixe ~tat ~t was circulated for review and aoc::~c~ally at :~e time ~~at the TIA was included as an acoe~j~x t8 t~e E:R which further incorporated the ;n~~~gac~on measures to oe u~dertaken by the City and the IVDA with respect to new development within the Specific ~'lan area; and WHE?EAS, SANBAS recognizes its obliga~ions under the ~al~:8rnia Environmental Quality Act to determine a "baselineu which respect tc historical levels of development for ~he determination of further impacts which are In add~ticn to suc~ histor~cal basel~ne levels; and WHEFEAS, the Ci:y cf San BernardiGc has presented an Implementatlon P12n ar.d a Mayor and Ccmmon Council adopted ?esclutic" No. to this Board for concurrence in the ~a~~er i~ wh~ch the C~ty inteGds to ~mplement the Mitigation 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Measures identified in the EIR and the TIA for the IVDA Speciflc Plan; and wHSREAS, i~ ~s ~easonable for the this Board ~o conc~~ In the Qecis~o~ 0: the City as to the Implementa~ion F~a~ a~d C8~~=i: Resol~tio~ No. and to provide certai~ty :0 0o:h ~he Ci:y and the IVDA as they proceed with develop~ent effc~:s a~c ~euse activi:ies on the fcr~er Norto~ propertles; and WHEREAS, the I~plementatlon Plan as presen~ed by the City is fair and equitable to assure the region that if the ~istor~c21 level of vehicle trips that were previously genera:ed by the Norton properties with the prior USAF 2c:~~~ties is exceeded in the future, a mechanism is available tc allocate the historical number of exempt vehlcle 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 w~ict sha:l be deposited a varying dollar amount to be =o~lected fro~ all develcp~e~t that occurs within the Spe~:[ic Pla~ area o~ ~he Norton properties to assure ~hat a viable funding source is available if a~d when required to address ~he reglonal impacts that may be generated from the Specific Plan development if and when the historical level of vehic~e trips is exceeded. NOW, THEREFORS, BS IT REOSLVED, DETERMINED AND ORDERED THE 30ARJ OF DIRECTO~S OF THS SAN BERNARDINO ASSOCIATION 19 OF GOVERNM~NTS, AS FOLLOWS: S~C~"ON 1. The recitals as set forth above are hereby found to be accurate and correct ~n all material respects. The Board of SANBAG acknowledges that pursuant to Public Resources Code Section 21166 there are no additional events, facts or circu~stances that would require any further review of or modifica~ions to the Specific Plan, the EIR or Lhe TIA at t~~s ~lme, and the City adoption of the Implementation Plan and the Council Resolutlon No. ~s consistent with 2~~ such prior docume~ts. S~C!ION 2. The Board of SAN BAG having been presented wi:h cop:es of Lhe Resolution No. of the San Bernardino Mayor a~d Corrmon Council, together with ail attachments thereto, i~cl~di~g the :mplemen:ation PlaD, hereby concur in 2 26 27 28 1 2 the a=~ions Lake~ by said City Council to implement :ne provlsio~s of t~e "VDA Specific ?lan. 3 4 5 6 7 S~CTION 3. The Board of SANBAG furthe~ recog~izes ~he his:8rical ~umber o~ vehicle trips that were generated by :he ~rior military use of the Norton properties a~d agrees ~~t~ t~e ma~ner in whic~ t~e City shall adm:~ister the 2~~~e=:i8n of impact fees 2~d the a~lccation or t~e vario~s ~eve~s of t~e histcrica~ ~e~ber of vehicle trips upc~ :he OCCLrrence of new develop~e~t bct~ within the Specific Pla~ area and within the remaining areas of the Norton properties. SAN5AG recog~izes that the Mitiga:io~ Measures ldentified i~ tnE ErR is a rair and equitable method to :~plement the undertaki~g of addicional mitigacion meaSures o~~y :f and to the extent that the daily vehicle crips fro~ the Specific. Plan area exceed the historical levels previous~y generated by the former Norton properties. 8 9 10 11 12 SECTION 4. The Ci~y of San Bernardino shall not be penalized or in any other manner become financially disadvantaged through the impleme~tation of any policy by SAN3AG by reason o~ the approval and adoption of said Resolution and the adoption of the ~~plementation Plan as SJch relates to the planning and allocation of al~ available f~ndlng sources by SAN BAG in the undertaking of al~ future =o~nt transportation pco]ects by SAN BAG that require fundi~g ~cr~~cip2tion by t~e City of San Bernardino. ~he reccgni~icn by the City of Sa~ Bernardi~o and SAN BAG of the h~stocical level of daily vehicle trips previously generated by the United States Air Force at the former Norton Air Fcrce 3ase or tne additional vehic~e trips referenceo below ~i:~ not under any circumstances require the City of San 3ernardi~o or any other property owner or developer of land ~it~in the City of San Bernardino to pay for, mitigate or o~her~~se become f~nancially responsible for such historical level of daily vehicle trips. SANBAG recognizes ~he level of historical daily vehicle tcips at the former Norton properties to be 46,520 fOe which no mitigation shall be required to be imposed by the City of San Bernardino until the dally 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. SANBAG further agrees wiLh the methodology and the manner in which the CiLY ~2S ca~culated che additional vehicle trlps for which Lhe IVJA shal~ be e~ti:led to receive wit~out a~y further mitigatlon by reason of the IVDA having expended the dollar amou~ts rec8gnlzed by the City in furthera~ce or proJects 13 14 15 16 17 18 19 20 21 22 23 24 25 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 T=A and o~he~ similar substi~ute projec~s as deter~ined reascnable by the City. SEC':'ICN S. This Resclutic~ sha~l take effect upo~ i~s aQCp:lC~ b~' this Board. I HERESY CER~~IFY t~at the ~oregoing Resolution was du~~' adopted b~: tte gover~ing boa~d of SANBAG at a ~eeting thereof, held on the day of .' 2J03, by a majority of the Board members prese~t and vo:i~g C~ s~ch matter. Clerk of the Board President Approved as to Form A~d Legal Content: By: COJ~,ty Counsel 4 1,1' II I'I! III' I, I ' '"',, ..H , I I I I , J 'i . > o ~ 0. E .!! " :a :0 ~ 0., " . ." ~ I i Ii :E - .. ;; .. .:~- il ]1 :>1 cl u~f ~ c '"' "- -ct- ... w .... '"' :;: w ;;> 10 '~ 0: ~I , ~I I :5: . t;;i~ ~r~ ;J;'J ,~I~ I~I~ I i~l~ lSiH1 Q~~ gif. . II - ~ -"'~ ~ -"'- -., .. ...~~nI~ ~ 0 -I~ i 8~~ v ~ - :~~ ~ ~i'!~ ;:1 - .....lIt ~ -C~ ~-- ~ I - I I M <; I ~ z - ~-.. "I Q I~ , ~.~ I~.- i'~r ~ II. I. - " ~ ij 5 :1 I, "I j ~ ,,~ c ~ ~~ !~I ~ ~! :11~= = i5 CHO c::: E i ~ t;: 0;1 ~ 11 ~ ~I' :mB ~ i" ~ a.::-... :51: Sli ~ i Ie: H ~ ~I q ~ II ief ~ ~~Il i .i! ;r .. I.:::. 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'..:~t'<tr." ...: ~t~.... ~ !:I-=~~~:~~!~~~~~~;:!~;:~~ ~ ~~fl~-------------------- _~ M.., W ~ ~ ..,...~ .< ~~:B ~5~ ~!~!~~s~t:~~~~S~]-I;r' ft !r~ ~g~~~~~M~~~~=N~~MM.~= ~ I~ ~r ~I-,~" ~ "';':li~~ ;:: ~ !-:;! :;:;~~ ~ ".WI e .... ~l,) ::;f~ ~ .!; I F~~~ u ,,~~~g ~ ~~ ~ :3~j 1;;;; l ~~:"..,,~ ,=i-i!l~:ll3" I:;: g:;:~I:'lg8:;; D ~tl~=~ 10 ~~~~2 ~ ~ i8r- i5....-c..oe g....- gN:!;""'" ~~ '~~~~~ ~ ~~I.=f ~ .j! ~ .... N ~:3... ~~~..... j..,..... "" ... '" _:: MN - - ~i~~~~~~ 8 "" 'J '~~~!~~~~:~'~~~l~~ ~ llfil~ .Ii! ~~~~1~8~.gm~~~<>~I,;M.r"..~I-TI ~I~ ~I~t' -,-!:-I~j~,""~~!N~NI~JN~I~2~~1~~2 I ~: -1~~I~ III I 1'1 II i I I ' - 1 ! j I I III! I , I I '_ __ __ I, iii' i I I, I I II 1 - :: ~~I ~~ ~ -i u 8 ~II. i _" i 0. a ~ ". ~ ~~~!> ',-- _ ~ "I!i II ~H .I~I ~ I -r ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): J\ - <l - C:) Item # Vote: Ayes 1- " Nays ..er 111 Resolution # Abstain .C-;- "2 LC3-. '{-J- Absent ..e- Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NnllNoid After: - By:- 4~ Cj-O:-'~ Reso, Log Updated: Seal Impressed: v' Date Sent to Mayor: Date of Mayor's Signature: ~. \ () cO) Date ofClerklCDC Signature: -'\- \ C <' -::, ./ v ------ See Attached: See Attached: -~~ed: Date Returned: Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day:". 90 Day Reminder Letter Sent on 45th day: .-. Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92.389): Yes / Yes No BYr' BYg By By By_ Yes Yes Yes No .....L- No ./ ./ NOT No Copies Distributed to: City Attorney .,/ Parks & Reo.. Code Compliance Dev. Services L EDA Police Public Services Water Finance MIS Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File: ,~'"'( Date: ,L1'II-C'~~ Revised 01/12/0 I