The URL can be used to link to this page

Home My WebLink AboutTUSTIN, CITY OF (TSIA 2012 AMEND)-2012A-2012-215 SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY THIS SECOND AMENDMENT to the Joint Exercise of Powers Agreement ("Second Amendment") is entered into as of November jh, 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Santa Ana") and the City of Tustin, a municipal corporation ("Tustin"). RECITALS A. Santa Ana and Tustin entered into a Joint Exercise of Powers Agreement dated November 6, 1989, creating the Santa Ana/Tustin Transportation System Improvement Authority ("JPA Agreement"). This JPA Agreement created two Transportation System Improvement Program ("TSIP") areas and, pursuant to the provisions of Government Code section 6500 et seq., established a legally separate, joint exercise of powers authority (the "Santa Ana/Tustin Transportation System Improvement Authority") to exercise various defined powers within the TSIP areas. These powers include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and implement area-wide circulation improvements. B. By Amendment to JPA Agreement (the "Amendment"), dated February 22, 2001, the Parties established a funding mechanism to finance off-site traffic improvements within the jurisdictional boundaries of Santa Ana (the "Improvements") required to mitigate the effects of development of the MCAS Tustin property, identified in the Final Environmental Impact Statement /Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (the "FEIS/FEIR"). C. The Santa Ana Improvements include both the Grand and Edinger intersection and the Grand and Dyer intersection in Santa Ana, and require that Tustin pay its fair share of the Total Costs of both short and long range improvements. D. The Amendment provides that Santa Ana, in cooperation with Tustin, may select and implement alternative improvements to those identified in the Amendment as requiring funding by Tustin. E. The City of Tustin and the City of Santa Ana entered a Joint Community Facilities Agreement, dated May 1, 2006, to provide for the financing of the Santa Ana improvements through issuance of City of Tustin Community Facilities District No. 06- 01 (Tustin Legacy/Lennar Homes) ("Community Facilities District"). F. Tustin in September, 2011 previously released bond proceeds from the Community Facilities District to pay the total cost of Improvements to Grand and Dyer in r L? SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY THIS SECOND AMENDMENT to the Joint Exercise of Powers Agreement ("Second Amendment") is entered into as of November , 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Santa Ana") and the City of Tustin, a municipal corporation ("Tustin"). RECITALS A. Santa Ana and Tustin entered into a Joint Exercise of Powers Agreement dated November 6, 1989, creating the Santa Ana/Tustin Transportation System Improvement Authority ("JPA Agreement"). This JPA Agreement created two Transportation System Improvement Program ("TSIP") areas and, pursuant to the provisions of Government Code section 6500 et seq., established a legally separate, joint exercise of powers authority (the "Santa Ana/Tustin Transportation System Improvement Authority") to exercise various defined powers within the TSIP areas. These powers include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and implement area-wide circulation improvements. . B. By Amendment to JPA Agreement (the "Amendment"), dated February 22, 2001, the Parties established a funding mechanism to finance off-site traffic improvements within the jurisdictional boundaries of Santa Ana (the "Improvements") required to mitigate the effects of development of the MCAS Tustin property, identified in the Final Environmental Impact Statement /Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (the "FEIS/FE1R"). C. The Santa Ana Improvements include both the Grand and Edinger intersection and the Grand and Dyer intersection in Santa Ana, and require that Tustin pay its fair share of the Total Costs of both short and long range improvements. D. The Amendment provides that Santa Ana, in cooperation with Tustin, may select and implement alternative improvements to those identified in the Amendment as requiring funding by Tustin. E. The City of Tustin and the City of Santa Ana entered a Joint Community Facilities Agreement, dated May 1, 2006, to provide for the financing of the Santa Ana improvements through issuance of City of Tustin Community Facilities District No. 06- 01 (Tustin Legacy/Lennar Homes) ("Community Facilities District"). F. Tustin in September, 2011 previously released bond proceeds from the Community Facilities District to pay the total cost of Improvements to Grand and Dyer in A-2012-215 the amount of $296,060.00 based on a request from Santa Ana, and Santa Ana released Tustin from any further Improvement obligations under the JPA Agreement with an Acknowledgement and Release until March 28, 2011. H. Santa Ana desires to utilize bond proceeds from the Community Facilities District to pay the cost of certain alternative traffic mitigation measures which they have determined to provide an equivalent level of mitigation to Grand and Edinger Improvements identified in the Amendment, and will release Tustin from its obligation to pay its fair share total cost of all remaining (Grand and Edinger Intersection Improvements. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, Tustin and Santa Ana agree as follows: Section 1. Selection of Alternative Improvement Pursuant to Section D of the Amendment, "Alternative Improvements", Santa Ana hereby selects, and Tustin approves, releasing bond proceeds from the Community Facilities District in the amount of Eight Million Dollars ($8,000,000.00) for the Warner Avenue Widening Project as an Alternative Improvement determined by Santa Ana to provide an equivalent level of mitigation for Grand and Edinger Improvements in Santa Ana identified in the Amendment and FEIS/EIR and agreeing that release of these bond proceeds to Santa Ana will constitute Tustin's fair share of the Total Costs of Grand and Edinger Improvements as identified in Section B.2 of the Amendment. Section 2. Funding of Alternative Improvement Upon Tustin's transfer of Eight Million Dollars ($8,000,000.00) to Santa Ana, Tustin shall be thereupon relieved of any further fair share or construction responsibility for the completion of Grand and Edinger Improvements as set forth in Section B.2 of the Amendment. Further, since Santa Ana is electing to utilize the Community Facilities District bond proceeds for Alternative Improvement rather than for the Grand and Edinger Intersection Project, no subsequent mitigation shall be required by Tustin for any inadequacies in this intersections as a result of the improvements not being made to the intersections by Santa Ana as a result of Santa Ana's selection of Alternative Improvements. Section 3. Use of Funds by Santa Ana and Tustin 3.1 Any and all funds received by Santa Ana from Tustin pursuant to this Amendment shall be used exclusively for the Warner Avenue Widening Project. Santa Ana may utilize this money on any phase(s) of the Project, for preliminary costs such as alignment studies, design, environmental documentation beyond the FEIS/FEIR, property appraisal for improvements, property acquisition, relocation, lost goodwill, attorney's fees and court costs, and construction costs. The Parties agree that Santa Ana, may 2 utilize the Alternative Improvement funds as match funds to obtain grant funding for the Project. 3.2 Pursuant to Section E. 2 of the Amendment, Eighty-five percent (85%) of TSIA fees collected by Tustin from the MCAS Tustin Project will continue to be solely allocated to Santa Ana for the Warner Avenue Widening Project and utilized exclusively for the Warner Avenue Widening Project until January 1, 2020 only as it relates to the TSIP Area B, as amended by Exhibit D. Notwithstanding the status of completion of the Warner Avenue Widening Project as identified in Section E. 2 and any priority originally intended to be given to Improvements to Barranca and Jamboree Road as identified in Section E.4 of the Amendment, Santa Ana and Tustin mutually agree that any additional TSIA Area B fees generated from MCAS Tustin ( the remaining "fifteen percent" or "15%") shall be allocated to Tustin to be used solely for transportation system improvements determined by Tustin for the MCAS Tustin project and its implementation. Section 4. This Second Amendment to the JPA Agreement is intended by the parties as a complete and exclusive statement of the agreement and understanding of the parties hereto in respect to the selection of an Alternative Improvement contained herein. This Amendment supersedes any and all prior restrictions, promises, representations, warranties, agreements, understandings and undertakings between the parties with respect to such alternative improvement. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date first above written. SANTA ANA ATTEST: CITY F SANT ANA L,? MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council City Manager APPROVED AS TO FORM: t9ONIA R. CARVAIAO City Attorney APPROVED AS TO CONTENT: RA L GODINE I Executive Director Public Works Agency TUSTIN ?.pATTE5?I' PAMELA STOI R City Clerk OVED T FO 7,/ DAVID KENDIG City Attorney CONTENT: r kS S. STACK, P.E. orks Director / City Engineer TUSTIN ' C. C. PARKER 4