the reports needed in compliance with the NPDES permit, and continuing to operate the recycled water system. This review also will consider the City' s planned population growth and future needs ( and timing) for expanding the CTF treatment capacity to accommodate planned and approved growth. Based on this review, RBI will provide input to the City' s rate consultant to update the rate consultant' s rate model and then review the model as it is being developed. Ifrate increases are needed, RBI will also consult with City management on approaches to implementing those rate increases.
TASK 5: ADDITIONAL SERVICES
This task provides funding to be used to provide additional RBI services as directed by the City, as the need arises. This facilitates timely and effectively addressing unanticipated or expanded issues as they arise without delays that would otherwise be incurred to seek a contract remedy prior to proceeding. Work under this task will be at the direction of the City Manager or Assistant City Manager.
TASK 6: MEETINGS
This task provides for up to two meetings per month from September 2022 through December 2023 for a total ofthirty-two ( 32) meetings for RBI staff to meet with City staff and its contractors/ consultants to coordinate efforts and obtain information associated with implementing this scope of work. For the purposes of the scope and budget for this task, two 2) hours are assumed for each RBI staff inember attending each meeting, which provides time for meeting/ call preparation, participation, and post- meeting briefings of other parties not attending the meetings.
TASK 7: PROJECT MANAGEMENT
This task provides hours for RBPs Project Manager and Principal- in- Charge to oversee and direct RBI staff efforts on each task and hold key conversations with City staff when needed.
In addition, this task provides time for project coordination by phone, email, and fax with other project team members, budget and schedule tracking, invoicing, and other duties to coordinate/ administer the project.
TASK 8: CTF PROGRAM MANAGEMENT
This task provides funding for RBI' s Project Manager and Principal- in- Charge to assist City staff in identifying and scheduling all tasks that need to be completed ( including tasks lead by other parties) to: ( 1) coordinate all necessary monitoring and reporting under the NPDES permit, and ( 2) maintain compliant operations. RBI will ensure that all necessary coordination among Veolia, PACE, Woodard& Curran, City, RBI, and others happens when needed. This will ensure that appropriate and timely actions are assigned to the proper parties to facilitate operating the CTF in a manner that is efficient, complies with its permits, and consolidates its permits in a
timely manner to minimizing regulatory reporting efforts. The management 169
Michael King Ros ox- BRIArL l
City of Lathrop
SoluCrons tarProgress
November 7, 2022
efforts under this task do not include hours for managing the implementation of RBI' s technical tasks identified herein, which is budgeted under Task 7.
Additional Assumptions of this Scope of Work
The level of effort for this scope is limited to the hours budgeted. Should additional services be requested due to additional requests of City staff that are not identified herein, or should analyses of greater scope or depth than identified and budgeted herein be required, RBI will notify the City to discuss the extent of any out-of-scope services needed/requested. Should out-of-scope services be requested by the City, RBI will submit a supplemental scope and fee proposal for those services.
II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a signed contract or written authorization to proceed.
III. CONTRACT AND BILLING ARRANGEMENT
RBI will complete the scope of work defined herein on a time- and- materials basis, with an authorized budget as shown in Attachment 1. RBI will not exceed the authorized budget amount without written approval. Attachment 1 provides an estimated breakdown of the total budget by task based on RBI' s 2022 rates ( Attachment 2) for work activities completed October through December 15, 2022, and according to its 2023 rate schedule ( Attachment 3) for all services provided between December 16, 2022 and December 31, 2023.
If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 261- 4043. We look forward to continuing to assist the City with its NPDES permitting and compliance needs.
Sincerely,
Michael Bryan, Ph. D.
Managing Partner
Attachment 1: RBI Budget
Attachment 2: 2022 Fee Schedule
Attachment 3: 2023 Fee Schedule
170
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Roea rso r- em! n
Sotutlons for Progress
ATTACHMENT 2
2022 FEE SCHEDULE
Charges for project work performed by Robertson- Bryan, Inc. ( RBI) will be calculated and billed at the hourly rates shown below.
PROFESSIONAL SERVICES RATE/ HOUR
Managing Partner 325. 00
Partner 316. 00
Principal Engineer/ Scientist 308. 00
Senior Consultant 291. 00
Resource Director 278. 00
Associate 267. 00
Senior Engineer/ Scientist II 26]. 00
Senior Engineer/ Scientist I 249. 00
Project Engineer/ Scientist III 229. 00
Project Engineer/ Scientist II 219. 00
Project Engineer/ Scientist I 199. 00
Staff Engineer/ Scientist II 186. 00
Staff Engineer/ Scientist I 170. 00
Technical Analyst 162. 00
Graphics/ GIS 148. 00
Laboratory Compliance Specialist 144. 00
Administrative Assistant 106. 00
Intern 69. 00
Up to ten percent( 10°/ o) of subcontractor charges will be added to cover administrative costs.
Hourly rates will be increased by a minimum of fifty percent( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16tn
INVOICING AND PAYMENTS
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
173
Ros so r- Bar l,rG
soruHaas fo. arogress
ATTACHMENT 3
2023 FEE SCHEDULE
Charges for project work performed by Robertson- Bryan, Inc. ( RBI) will be calculated and billed at the hourly rates shown below.
PROFESSIONAL SERVICES RATE/ HOUR
Managing Partner 339. 00
Partner 332. 00
Principal Engineer/ Scientist 323. 00
Senior Consultant 306. 00
Resource Director 289. 00
Associate 279. 00
Senior Engineer/ Scientist II 275. 00
Senior Engineer/ Scientist I 261. 00
Project Engineer/ Scientist III 239. 00
Project Engineer/ Scientist II 229. 00
Project Engineer/ Scientist I 209. 00
Staff Engineer/ Scientist 195. 00
Staff Engineer/ Scientist I 179. 00
Technical Analyst 167. 00
Graphics/ GIS 148. 00
Laboratory Compliance Specialist 144. 00
Administrative Assistant 111. 00
Intern 69. 00
Up to ten percent( 10%) of subcontractor charges will be added to cover administrative costs.
Hourly rates will be increased by a minimum of fifty percent( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16tn
INVOICING AND PAYMENTS
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.
174
ITEM 4. 14
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: WEST LATHROP SPECIFIC PLAN PROPERTY TAX
SHARING AGREEMENT WITH THE COUNTY OF SAN
JOAQUIN
RECOMMENDATION: Approve Addendum to Revenue Sharing Agreement A- 96- 341) Between the City of Lathrop and County
of San 7oaquin for the West Lathrop Specific Plan
Development
CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines
SUMMARY:
On June 18, 1996, the City and County entered into a tax sharing agreement for the annexation of the West Lathrop Specific Plan ( WLSP). At the time of annexation, the development was expected to develop with 4 theme parks with associated uses and an anticipated total assessed property value of $ 4 billion. The original plan was anticipated to generate substantial Transient Occupancy Tax ( TOT) and Sales Tax for the City. As a result, the City agreed to take a reduced share of the property tax, specifically a 90%- County/ 10%- City tax split.
In November of 2000, the citizens of Lathrop passed Measure D. Measure D significantly changed the direction of the WLSP project and removed the theme park land use. The project was re- approved in 2003 for 11, 000 dwelling units and 5 million square feet of commercial space. In 2021, the total unit count was increased and today, is approved for 15, 010 residential units and 5 million square feet of commercial space, with an estimated assessed property value of $ 9. 7 billion. With the modification from theme parks to primarily residential, the property tax agreement should have been revisited and adjusted for the change in use.
In August 2022, the City met with the County to explore amending the current property tax sharing agreement between the County and the City as it relates to Tax Rate Areas ( TRA' s) 007- 078, 007- 079, 007- 080, 007- 089 and 007- 091 in the WLSP project area. The County agreed to propose a 60%- County/ 40%- City property tax split for all undeveloped property in the project area to the Board of Supervisors at their December 13, 2022 meeting. This change will bring the property tax share in line with other residential developments within the City.
The revised tax split allocation for WLSP will more equitably distribute property tax revenues between the City and the County based on service responsibility. 175
CITY MANAGER' S REPORT PAGE 2
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
WEST LATHROP SPECIFIC PLAN PROPERTY TAX SHARING AGREEMENT
WITH SAN JOAQUIN COUNTY
By approving the addendum to the revenue sharing agreement between the City and County, the City will receive an increased share of the property tax as identified in the agreement attached. The revised split will revise the formula within the tax rate area from a split of 90%- County/ 10%- City tax split to a 60%- County/ 40%- City tax split.
While this agreement has no immediate effect on property tax revenue received, it may generate substantially more property tax revenue than previously anticipated in the future development area. This change as proposed at the rate of 60%- County/ 40%- City may generate an estimated additional $ 7. 6 million in property tax revenue for the City when the project is built out.
BACKGROUND:
On June 18, 1996, the City and County entered into a tax sharing agreement for the annexation of the West Lathrop Specific Plan ( WLSP). At the time of annexation, the development was expected to develop with 4 theme parks with associated uses and an anticipated total assessed property value of $ 4 billion. The original plan was anticipated to generate substantial Transient Occupancy Tax ( TOT) and Sales Tax for the City. As a result, the City agreed to take a reduced share of the property tax, specifically a 90%- County/ 10%- City tax split.
The " West Lathrop Specific Plan" references the Specific Plan approved by the City on February 20, 1996, and currently includes Tax Rate Area' s ( TRAs) 007- 078, 007- 079, 007- 080, 007- 089 and 007- 091.
In November of 2000, the citizens of Lathrop passed Measure D. Measure D significantly changed the direction of the WLSP project and removed the theme park land use. The project was re- approved in 2003 for 11, 000 dwelling units and 5 million square feet of commercial space. In 2021, the total unit count was increased and today, is approved for 15, 010 residential units and 5 million square feet of commercial space, with an estimated assessed property value of $ 9. 7 billion. With the modification from theme parks to primarily residential, the property tax agreement should have been revisited and adjusted for the change in use.
The 1996 tax sharing agreement anticipated revenue of $ 9. 4 million for the County and $ 1 million for the City. With the change in zoning, the increase in assessed value and no change to the property tax agreement, the development is anticipated to generate an estimated $ 25. 8 million for the County and $ 2. 9 million for the City. The City share is not sufficient to provide the needed services required by the 40, 000+ new residents. It is clear that economic development efforts generate significant benefits to the County, City, school districts, and other public agencies in terms of 176
CITY MANAGER' S REPORT PAGE 3
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
WEST LATHROP SPECIFIC PLAN PROPERTY TAX SHARING AGREEMENT WITH SAN 70AQUIN COUNTY
quality of life, careers, commutes, and higher property tax revenues associated with increased assessed values. However, the responsibility and associated costs of providing the majority of municipal services to these efforts falls squarely on the City.
By approving the addendum to the revenue sharing agreement between the City and County, the City will receive an increased share of the property tax as identified in the agreement attached. The revised split will revise the formula within the tax rate area from a split of 90%- County/ 10%- City tax split to a 60%- County/ 40%- City tax split. While this agreement has no immediate effect on property tax revenue received, it may generate substantially more property tax revenue than previously anticipated in the future development area. This change as proposed at the rate of 60%- County/ 40%- City may generate an estimated additional $ 7. 6 million in property tax revenue for the City when the project is built out.
REASON FOR RECOMMENDATION:
The revised tax split allocation for the West Lathrop Specific Plan will more equitably distribute property tax revenues between the City and the County based on service responsibility. Staff recommends the City Council authorize the Addendum to Revenue Sharing Agreement ( A- 96- 341) between the City of Lathrop and County of San Joaquin for the West Lathrop Specific Plan Development.
FISCAL IMPACT:
By approving the addendum to the revenue sharing agreement between the City and County the City will receive an increased share of the property tax as identified in the agreement attached. The proposed split will revise the formula within the tax rate area from a split of 90%- County/ 10%- City tax split to a 60%- County/ 40%- City tax split. While this agreement has no immediate effect on property tax revenue received, it may generate substantially more property tax revenue than previously anticipated in the future development area. This change as proposed at the rate of 60%- County/ 40%- City may generate an additional $ 7. 6 million dollars in property tax revenue for the City when the project is built out.
177
CITY MANAGER' S REPORT PAGE 4
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
WEST LATHROP SPECIFIC PLAN PROPERTY TAX SHARING AGREEMENT
WITH SAN ) OAQUIN COUNTY
ATTAC H M E NTS:
A. Resolution Approving the Addendum to Revenue Sharing Agreement (A- 96- 341) Between the City of Lathrop and County of San Joaquin for the West Lathrop Specific Plan Development
B. Addendum to Revenue Sharing Agreement ( A- 96- 341) Between the City of Lathrop and County of San Joaquin for the West Lathrop Specific Plan Development
178
CITY MANAGER' S REPORT PAGE 5
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
WEST LATHROP SPECIFIC PLAN PROPERTY TAX SHARING AGREEMENT WITH SAN ] OAQUIN COUNTY
APPROVALS:
i z g o--
Ca ' Date
Director Finance
1- z- zz
Salvador Navarrete Date
City Attorney
Z •{ 22
S en ). Salvatore Date
City Manager
179
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE ADDENDUM TO REVENUE SHARING AGREEMENT ( A96- 341) BETWEEN THE CITY OF LATHROP AND COUNTY OF SAN
OAQUIN FOR THE WEST LATHROP SPECIFIC PLAN DEVELOPMENT
WHEREAS, on June 18, 1996, the City and County entered into a tax sharing agreement for the annexation of the West Lathrop Specific Plan WLSP). The original plan was anticipated to generate substantial Transient Occupancy Tax ( TOT) and Sales Tax for the City. As a result, the City agreed to take a reduced share of the property tax, specifically a 90%- County/ 10%- City tax split; and
WHEREAS, in November of 2000, the citizens of Lathrop passed Measure D. Measure D significantly changed the direction of the WLSP project and removed the theme park land use; and
WHEREAS, the project was re- approved in 2003 for 11, 000 dwelling units and 5 million square feet of commercial space. In 2021, the total unit count was increased and today, is approved for 15, 010 residential units and 5 million square feet of commercial space, with an estimated assessed property value of $ 9. 7 billion; and
WHEREAS, the " West Lathrop Specific Plan" references the Specific Plan approved by the City on February 20, 1996, that currently includes Tax Rate Area' s ( TRA" s) 007- 078, 007- 079, 007- 080, 007- 089 and 007- 091; and
WHEREAS, by approving the addendum to the revenue sharing agreement between the City and County, the City will receive an increased share of the property tax as identified in the agreement attached. The revised split will revise the formula within the tax rate area from a split of 90%- County/ 10%- City tax split to a 60%- County/ 40%- City tax split; and WHEREAS, while this agreement has no immediate effect on property tax revenue received, it may generate substantially more property tax revenue than previously anticipated in the future development area. This change as proposed at the rate of 60%- County/ 40%- City may generate an estimated additional $ 7. 6 million in property tax revenue for the City when the project is built out; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby approve the Addendum to Revenue Sharing Agreement ( A- 96- 341) between the City of Lathrop and County of San Joaquin for the West Lathrop Specific Plan Development and authorize execution of the agreement in a final form substantially similar to that attached to the staff report.
Resolution No. 22- Page 1 of 2
180
The foregoing resolution was passed and adopted this 12th day of December, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 2 of 2
181
TAX ALLOCATION AGREEMENT BETWEEN THE CITY OF LATHROP AND
COUNTY OF SAN JOAQUIN FOR THE ALLOCATION OF PROPERTY TAX FOR
THE WEST LATHROP SPECIFIC PLAN AREA
This Tax Revenue Allocation Agreement between the CITY OF LATHROP, a municipal corporation (" City"), and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California (" County") for the West Lathrop Specific Plan Area WLSP"), is entered into this day of December 2022 pursuant to Resolution No. adopted by the Board of Supervisors of County and Resolution No. adopted by the City Council of City.
RECITALS
A. City and County staff wish to amend the original Revenue Sharing Upon Annexation Agreement ( A-96- 341) to adopt a revised allocation for property developed on or after December 1, 2022 in the WLSP area.
B. This Agreement involves the following Tax Rate Areas ( TRA): 007-078, 007- 079, 007- 080 and 007- 091.
C. The City and County recognize that the purpose of this agreement is to make equitable allocation and distribution of available revenues consistent with the terms of existing law as mutually understood by the parties and to maximize each party' s ability to deliver essential government services in the WLSP Area.
D. This Agreement is intended to satisfy the requirements of Revenue and Taxation Code § 99( b).
AGREEMENT
NOW, THEREFORE, in consideration of the promises and acts described herein, the City and County agree as follows:
Section 1. Recitals
1. 1. The foregoing recitals are true and correct and are part of this agreement.
ATTACHMENT u
jj " 1
182
Section 2. Establishment of Separate Tax Rate Area
2. 1. County will work with the County Auditor-Controller to establish a separate Tax Rate Area (TRA) for a portion of WLSP Area and will report to City the actual amount of the 1% ad valorem property tax revenues' available for allocation and distribution from the TRAs under this agreement.
2. 2. All currently developed property2 in TRA 007- 091 as of November 30, 2022 shall remain in TRA 007-091.
2. 3. All currently undeveloped property in TRA 007- 091 as of December 1, 2022 shall be transferred to the new TRA created under Section 2. 1.
2. 4 The allocation for TRAs 007- 078, 007- 079 and 007- 080, shall be changed pursuant to section 3. 0 of this agreement. Additionally, the allocation of the new TRA created under Section 2. 1 shall be set pursuant to Section 3. 0 of this agreement.
Section 3. Property Tax Allocation
3. 1. Base Allocation to County: Shall mean the assessed valuation applicable to property and improvements within the area being annexed at the time the application for annexation was submitted to LAFCo3 ( Base Amount), shall be allocated to and when collected shall be paid to County.
1% AD VALOREM PROPERTY TAX REVENUES is defined to mean: The 1% ad valorem property tax authorized by Article 13A, section 1 of the California Constitution, assessed on the full value of the property in the Annexation Areas, to include both the base property tax revenues and the incremental property tax revenues. " Base property tax revenues" means property tax revenues accruing to each affected agency in the applicable fiscal year, based on the AB- 8 gross levy prior to adjustments and revenue transfers relative to the Educational Revenue Augmentation Fund ( ERAF). " Incremental property tax revenues" means the amount of property tax revenues attributable to growth in assessed valuation for the affected tax rate area identified for the Annexation Areas.
z DEVELOPED PROPERTY is defined to mean (a) any residential property for which a building permit has been issued in accordance with the zoning of the West Lathrop Specific Plan and ( b) any non- residential property ( mixed use, employment center, transit oriented development, etc.) that is within the boundaries of a final subdivision map that is intended to create individual development parcels or is otherwise recorded for purposes of development in accordance with the zoning of the West Lathrop Specific Plan.
3 LAFCo adopted Resolution No. 963 on October 18, 1996, making determinations and approving the proposed annexation to the City of Lathrop of the West Lathrop Specific Plan Area.
2 183
3. 2. Excess of Base Allocation to County:
3. 2. 1 That portion of the levied taxes each year in TRA 007- 091 in excess of the Base Amount, shall be allocated to the County pursuant to section 3. 1, 90 percent shall be allocated to and when collected shall be paid to the County.
3. 2. 2 That portion of the levied taxes each year in TRAs 007- 078, 007- 079, 007- 080 and the newly created TRA in excess of the Base Amount, shall be allocated to the County pursuant to section 3. 1, 60 percent shall be allocated to and when collected shall be paid to County.
3. 3. Allocation to City:
3. 3. 1 That portion of the levied taxes each year in TRA 007- 091 in excess of the Base Amount, shall be allocated to the County pursuant to section 3. 1, 10 percent shall be allocated to and when collected shall be paid to City.
3. 3. 2 That portion of the levied taxes each year in TRAs 007- 078, 007- 079, 007- 080 and the newly created TRA in excess of the Base Amount, shall be allocated to the County pursuant to section 3. 1, 40 percent shall be allocated to and when collected shall be paid to City.
3. 4. Property Tax Allocation Agreement. City and County agree that this Agreement shall apply to determine the allocation between the parties of property tax and revenue generated from the WLSP Area in lieu of the negotiation process set forth in California Revenue and Taxation Code Section 99( e).
Section 4. Additional Documents
4. 1. City and County agree to cooperate in the execution of any additional documents which may be required to carry out the terms of this agreement.
Section 5. Effective Date
5. 1. This agreement shall become effective upon the latest of the dates it is signed below by the City Mayor and the County Chairman of the Board.
Section 6. Termination
6. 1. This Agreement governs the revenue sharing between CITY and COUNTY for the West Lathrop Specific Plan Area and may be terminated by either party hereto upon six months' notice. Said termination shall not affect annexations for which the 3 184
LAFCo Executive Officer has issued a certificate of completion prior to the effective date of termination.
Section 7. Indemnification
7. 1. In the event that this agreement is the subject of a legal challenge, each party will provide for their own defense and will cooperate in the defense of the terms of this agreement and the implementation of any judgement issued in such a lawsuit.
Section 8. Counterparts
8. 1. This agreement may be executed in two counterparts, each of which shall constitute an original.
4 185
IN WITNESS WHEREOF, the City of Lathrop has authorized the execution of this Agreement by its Mayor, and San Joaquin County has authorized its execution by the Chairman of its Board of Supervisors in accordance with Resolution No. 2022- on the dates set forth below.
CITY OF LATHROP COUNTY OF SAN JOAQUIN
By: By:
Sonny Dhaliwal Chuck Winn
Mayor Chairman, Board of Supervisors
Dated: Dated:
ATTEST: ATTEST:
By: By:
Teresa Vargas Rachel DeBord
City Clerk Clerk of the Board
APPROVED AS TO FORM:
By: By:
Salvador Navarrete Kimberley D. Johnson
City Attorney County Counsel
5 186