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The EPS Team will review the appropriateness of the development impact fee improvement program from a nexus standpoint to identify any weaknesses that might represent potential legal challenges. Special attention will be paid to assure that cost estimates include all appropriate items, such as land acquisition, design and engineering, construction, program administration, and other relevant costs. Transportation Fee Fehr& Peers will update the transportation impact fee structure based on current data that will allow the City to maintain acceptable operating conditions at primary intersections as well as provide adequate facilities for drivers, pedestrians, bicyclists, and transit users. The transportation impact fee will be based on the future development forecasts in Task 2, future infrastructure improvements (from the General Plan, TJKM 2010 Traffic Fee Update Report, and input from Public Works staff), and traffic modeling. In terms of applicable transportation facilities and costs, Fehr& Peers will re-evaluate the project list from the 2010 study and establish a new list of projects to support a nexus analysis on those projects. Specifically, Fehr& Peers will peer review available cost estimates and will coordinate with City staff to develop generalized unit costs that can be used for estimating TDIF project cost. This scope assumes that new cost estimates will be developed for up to 15 projects. If it is determined that more detailed cost estimates are needed for certain projects, then it may be necessary to obtain assistance from BKF. Task 4: Nexus Analysis and Preliminary Fee Schedule The EPS Team will prepare the nexus-based cost allocation, necessary to develop a preliminary development impact fee schedule for review by City staff. In all cases,this technical effort will establish the maximum allowable fee level for each category. The fees will include the administrative costs component for the fee program implementation and oversight (including cost recovery for Nexus Study). The recommended fee may be less than the maximum based on considerations addressed in the later tasks. The EPS Team's approach is described below for each major fee category. Task 4.1: Public Facilities Fee Update As a part of this effort, the DIF Program costs will be first allocated to new and existing development. Specifically, the EPS Team will review each capital project to determine whether the entire cost or a reasonable portion thereof can be fairly allocated to new growth. The costs for projects that clearly serve both existing and new development will be allocated based on the proportion of the demand generated by each. The EPS Team will ensure that facility needs and costs associated with existing deficiencies in service levels are not included in the proposed fees. The EPS Team will then allocate the development impact fee improvement program costs to the land use categories. This allocation will be based on the relative contribution of each land use type to the demand for the related Improvement Program cost category. Based upon the cost allocation, EPS will prepare a preliminary fee schedule with the total costs attributable to the projected development of each land use type. The fee for each land use will be derived by dividing the relative capital facility costs by the projected development in that land use category. The sum total of the fees for each land use category would become the total AB 1600 fee burden 8IPage