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Home My WebLink AboutTRANSPORTATION CORRIDOR AGENCY - FOOTHILL - EASTERN CORRIDORTCA - FOOTHILL CORRIDOR AMENDMENT NO.4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the Foothill/Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Rancho Santa Margarita as a Party to the Agency pursuant to Section 9.1 of the First Amended and. Restated Joint Powers Agreement Creating the Foothill/Eastern Transportation CorridorAgency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. follows: SECTION 2. The first paragraph of such Agreement hereby is amended to read as THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo, the City of Lake Forest, the City of Dana Point, and the City of Rancho Santa Margarita, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement: (a) City of Anaheim (b) City of Dana Point (c) City of Irvine (d) City of Lake Forest (e) City of Mission Viejo (t) City of Orange (g) City of Rancho Santa Margarita (h) City of San Clemente (i) City of San Juan Capistrano 0) City of Santa Ana (k) City of Tustin 193815_1.00C (1) City of Yorba Linda (m) County of Orange (3rd District) (n) County of Orange (4" District) (o) County of Orange (5`h District) SECTION 3. Section 3.2 hereby is amended to read as follows: BOARD. (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above: the Cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Yorba Linda, and the County of Orange (3`d, 4d' and 5" Districts). ATTEST: Clerk of the Board of Supervisors Dated: APPROVED AS TO FORM: By: County Counsel 2 COUNTY OF ORANGE By: Chairman Board of Supervisors A ATTEST: Clerk of the City of Anaheim By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF ANAHEIM By: Mayor CITY OF DANA POINT By: Mayor CITY OF IRVINE By: Mayor ATTEST: Clerk of the City of Lake Forest By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF LAKE FOREST By: Mayor ATTEST: CITY OF MISSION VIEJO Clerk of the City of Mission Viejo By: Mayor By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: CITY OF ORANGE Clerk of the City of Orange - By: Mayor By: Dated: APPROVED AS TO FORM: By: City Counsel 2 ATTEST: Clerk of the City of Rancho Santa Margarita By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Counsel 5 CITY OF RANCHO SANTA MARGARITA By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor ATTEST: Clerk of the City of Santa Ana ATTEST: Clerk of the City of Tustin By: — Dated: APPROVED AS TO FORM: By: City Counsel CITY OF NA By: M , Mig el A. Pu i o Approv as t con n City Manager 9 CITY OF TUSTIN Mayor ATTEST: Clerk of the City of Yorba Linda By: Dated: APPROVED AS TO FORM: By: City Counsel APPROVED AS TO FORM: By: Counsel Foothill/Eastern Transportation Corridor Agency 7 CITY OF YORBA LINDA By: Mayor Shaw, Cristine From: Shaw, Cristine Posted At: Tuesday, April 11, 2000 4:25 PM Conversation: Agreement for Foothill Transportation Corridor Posted To: Cris Subject: Agreement for Foothill Transportation Corridor Subject: Agreement for Foothill Transportation Corridor Start Date: Monday, April 10, 2000 Due Date: Friday, April 14, 2000 Status: Not Started Percent Complete: 0% Total Work: 0 hours Actual Work: 0 hours Owner: Shaw, Cristine a, .. a° A RESOLUTION OF THE CITY OF SANTA ANA WHEREAS, the County of Orange (Districts 3, 4 and 5), and the cities of Anaheim, Dana Point, Irvine, Lake Forest, Orange, Mission Viejo, San Clemente, San Juan Capistrano, Santa Ana, Tustin, and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 21, 1988; and WHEREAS, the incorporation of the City of Rancho Santa Margarita (the "City ") became effective on January 1, 2000; and WHEREAS, at a public hearing on February 27, 2000, the City adopted a Resolution establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on March 2, 2000, the City enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Rancho Santa Margarita, is required to admit the City of Rancho Santa Margarita as a Party. NOW, THEREFORE, in anticipation of the events recited above, and in order to enable the City of Rancho Santa Margarita to participate fully in the Agency's Board meeting on 194948 1- April 13, 2000, the City of Santa Ana hereby authorizes its Mayor to sign and the City Clerk to attest Amendment No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastem Transportation Corridor Agency, attached as Exhibit "A ". ATTEST: CITY OF SANTA ANA Clerk of the City of Santa Ana By: Mayor By: Dated: APPROVED AS TO FORM: By: City Counsel 194970_1.DOC .2. REQUEST FOR COUNCIL ACTION E "sJtion �sr CITY COUNCIL MEETING DATE: APRIL 3, 2000 TITLE: RESOLUTION APPROVING AMENDMENT NO. 4 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGSrNC`i°q RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2 1d Read' ® Implementing Resolutit2 0 b, 2000 [j Set Public I- learing For CONTINUED TO Adopt a resolution approving Amendment No. 4 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency ". DISCUSSION The City of Rancho Santa Margarita was incorporated on January 1, 2000. Subsequently, they have fulfilled the membership requirements for inclusion in the Foothill /Eastern Transportation Corridor Agency. In accordance with Section 4.1 of the Corridor Agency Agreement, Rancho Santa Margarita has enacted resolutions and ordinances adopting the Major Thoroughfare and Bridge Fee program and establishing the Areas of Benefit, estimated costs and required fees. The City of Santa Ana is a member Agency of the Foothill /Eastern Transportation Corridor Agency and unanimous consent of all Parties is required for any changes to the agreement. City Council approval is requested to adopt a resolution approving Amendment No. 4 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" authorizing the City of Rancho Santa Margarita as a member agency. There is no fiscal impact with this action. J tive rector c Wor s Agency JA /mpb /4 -3 -00 FoothiiiFastAmend 55.A. RESOLUTION NO. 2000-021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILUEASTERN CORRIDOR AGENCY WHEREAS, the County of Orange (Districts 3, 4 and 5), and the cities of Anaheim, Dana Point, Irvine, Lake Forest, Orange, Mission Viejo, San Clemente, San Juan Capistrano, Santa Ana, Tustin, and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (the " Agreement" and the " Agency "), which Agreement became effective on October 21,1988; and WHEREAS, the incorporation of the City of Rancho Santa Margarita became effective on January 1, 2000; and WHEREAS, at a public hearing on February 27, 2000, the City of Rancho Santa Margarita adopted a Resolution establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on March 2, 2000, the City of Rancho Santa Margarita enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City of Rancho Santa Margarita has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Rancho Santa Margarita, is required to admit the City of Rancho Santa Margarita as a party. WHEREAS, in anticipation of the events recited above, and in order to enable the City of Rancho Santa Margarita to participate fully in the Agency's Board meeting on April 13, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: The Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest Amendment No.4 to the First Amended and Restated Joint Exercise of Powers Resolution No. 2000 -021 Page 1 of 2 Agreement Creating the Foothill /Eastern Transportation Corridor Agency, attached as Exhibit " A." ADOPTED this 3`d day of April. 2000. ATTEST: go1-P cia E. Healy f C erk of the Council M' A. Pu ido or COUNCILMEMBERS: APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney PUlido Aye Lutz Aye Bist Aye Christy Aye By: Cristine L. Shaw Franklin Aye Deputy City Attorney McGuigan Aye Moreno Aye CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000 -021 to be th original resolution adopted by the City Council of the City of Santa Ana on - -2 0(/ L) Date: d/- 5 doom &Cle f the Council �- City of Santa Ana Resolution No. 2000 -021 Page 2 of 2 Agreement Creating the Foothill /Eastern Transportation Corridor Agency, attached as Exhibit " A." ADOPTED this 3`d day of April• 2000. ATTEST: go�P 'cia E. Healy C erk of the Council Zap. _g /� A „� , - — ' COUNCILMEMBERS: APPROVED AS TO FORM CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000 -021 to be th original resolution adopted by the City Council of the City of Santa Ana on app L) Date: 4- � �ooC2 f,LCle f the Council City of Santa Ana Resolution No. 2000 -021 Page 2 of 2 Joseph W. Fletcher, City Attorney Pulido Aye Lutz Aye Blst . Aye Christy Aye By: Cristine L. Shaw Franklin Aye Deputy City Attorney McGuigan Aye Moreno Aye CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000 -021 to be th original resolution adopted by the City Council of the City of Santa Ana on app L) Date: 4- � �ooC2 f,LCle f the Council City of Santa Ana Resolution No. 2000 -021 Page 2 of 2 J ,1v1 This AMENDED AND RESTATED MEMBER NOTICE AND ACKNOWLEDGEMENT (the "Notice and Acknowledgement ") is given by FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY (the "Agency ") and FIRST INTERSTATE BANK OF CALIFORNIA, as trustee (the "Trustee ") and acknowledged by CITY OF SANTA ANA (the "Member "). WHEREAS, in order to implement the Major Thoroughfare and Bridge Fee Program on a regional basis and to provide a means to finance, design and construct a toll road for the Foothill/Eastem Transportation Corridor ( "Foothill/Eastem Transportation Corridor System "), the County of Orange (the "County") and certain cities within the County (collectively, the "Members ") have entered into a First Amended and Restated Joint Exercise of Powers Agreement, dated as of October 17, 1988 (the "Joint Powers Agreement ") creating the Agency; and WHEREAS, in recognition of the particular transportation needs to be addressed in the County, the California Legislature enacted laws codified as Section 50029 and Section 66484.3 of the California Government Code, authorizing the Members to require the payment of Development Impact Fees for the purpose of financing the cost of bridges and major thoroughfares within the County; and WHEREAS, the Agency has determined it necessary and advisable to provide for the issuance from time to time of its Toll Road Revenue Bonds (the "Bonds ") and other evidences of its indebtedness from time to time for the purpose of paying costs of the Foothill/Eastern Transportation Corridor System, including the 1995 Project (as defined in the Second Supplemental Indenture); and WHEREAS, the Agency has determined it necessary and advisable to issue Bonds pursuant to the Master Indenture of Trust dated as of May 15, 1995, by and between the Agency and the Trustee (the "Master Indenture ") including Bonds designated as the Series 1995B -E (Variable Rate) Bonds (the "Series 1995 (Variable Rate) Bonds ") under the conditions and subject to the limitations set forth in the Master Indenture as supplemented by the Second Supplemental Indenture of Trust, as amended (the "Second Supplemental Indenture ") by and between the Agency and the Trustee; and WHEREAS, the Agency's obligations to the banks providing letters of credit to support the Series 1995 (Variable Rate) Bonds (the "Banks ") and to Morgan Guaranty Trust Company of New York (the "Swap Provider ") in respect of the interest rate swap relating to the Series 1995 (Variable Rate) Bonds, will be secured in part by a security interest in all present and future Development Impact Fees, all rights to receive Development Impact Fees and all of the Agency's rights under the Joint Powers Agreement relating to SF3- 73988.1 1355- 23- MRR-09 /01195 receipt and collection of Development Impact Fees and the proceeds of the foregoing (the "Collateral "); 1. Notice is hereby given that pursuant to section 7.5(b) of the Second Supplemental Indenture, the Agency has pledged and assigned to the Trustee and granted to the Trustee a security interest in all of the Agency's present or future right, title and interest in and to the Collateral, for the exclusive benefit of the Banks and the Swap Provider. 2. The Member hereby acknowledges the Trustee's security interest in the Collateral. 3. The Member agrees that (i) it shall collect all Development Impact Fees on behalf of the Agency; (ii) such Development Impact Fees are the property of the Agency and the Member has no beneficial interest therein; (iii) until such Development Impact Fees have been paid to the Agency, the Member shall hold all such Development Impact Fees in trust for the benefit of the Agency and the Trustee acting for the benefit of the Banks and the Swap Provider; (iv) the Member shall segregate such Development Impact Fees from its other revenues and identify on its books and records such Development Impact Fees as belonging to the Agency; and (v) the Member shall pay all Development Impact Fees directly to the Trustee at the address specified by the Trustee or by wire transfer to the account specified by the Trustee. 4. For purposes of this Notice and Acknowledgement, "Development Impact Fees" means the fees collected by the Member as a condition of approval of a final map or as a condition of approval of a building permit pursuant to Section 66484.3 of the California Government Code, the Joint Powers Agreement and the ordinances adopted by such Member. SF3- 73988.1 2 1358- 23 -MBR- 09101195 5. This Notice and Acknowledgement is subject to California law and is given in order to perfect and protect the security interest of the Trustee in the Collateral. This Member Notice and Acknowledgement amends and restates the Member Notice and Acknowledgement executed by the Member on June 5, 1995 and supersedes that certain Member Notice and Acknowledgement dated July 7, 1993 executed by the Agency and Morgan Guaranty Trust Company of New York and acknowledged by the Member. FOOTEMIJEASTERN TRANSPORTATION CORRIDOR AGENCY IM Title: FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee Em Title: Acknowledged and Agreed: CITY OF S A ANA ATTEST: '477 Title: U-t-\ l V u�-, Dated: SF3. 73988.1 3 1356- 23 -NMR- 09101195 This MEMBER NOTICE AND ACKNOWLEDGMENT is given by FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY (the "Agency ") and FIRST INTERSTATE BANK OF CALIFORNIA, as trustee (the "Trustee ") and acknowledged by the City of Santa Ana (the "Member ") as of 1995. WHEREAS, in order to implement the Major Thoroughfare and Bridge Fee Program on a regional basis and to provide a means to finance, design and construct a toll road for the Footbill/Eastern Transportation Corridor ( "Foothill/Eastem Transportation Corridor System"), the County of Orange (the "County ") and certain cities within the County (collectively, the "Members ") have entered into a First Amended and Restated Joint Exercise of Powers Agreement, dated as of October 17, 1988 (the "Joint Powers Agreement ") creating the Agency; and WHEREAS, in recognition of the particular transportation needs to be addressed in the County, the California Legislature enacted laws codified as Section 50029 and Section 66484.3 of the California Government code, authorizing the Members to require the payment of Development Impact Fees for the purpose of financing the cost of bridges and major thoroughfares within the County; and WHEREAS, the Agency has determined it necessary and advisable to provide for the issuance from time to time of its Toll Road Revenue Bonds (the "Bonds ") and other evidences of its indebtedness from time to time for the purpose of paying costs of the Foothill/Eastem Transportation Corridor System, including the. 1995 Project (as defined in the Second Supplemental Indenture); and WHEREAS, the Agency has determined it necessary and advisable to issue Bonds pursuant to the Master Indenture of Trust dated as of 1995, by and between the Agency and the Trustee (the "Master Indenture ") including a series of Bonds designated as the Series 1995B (Variable Rate) Bonds (the "Series 1995B Variable Rate Bonds ") under the conditions and subject to the limitations set forth in the Master Indenture as supplemented by they Second Supplemental Indenture of Trust (the "Second Supplemental Indenture ") dated as of , 1995 by and between the Agency and the Trustee; and WHEREAS, the Agency's obligations to the owners of the Series 1995B Variable Rate Bonds and to the banks providing letters of credit to support such Bonds (the `Banks ") will be secured in part by a security interest in all Development Impact Fees, all rights to receive Development Impact Fees and all of the Agency's rights under the Joint Powers Agreement, in respect of such Development Impact Fees and the proceeds of the foregoing (the "Collateral "), 1. Notice is hereby given that pursuant to section 7.5(b) of the Second Supplemental Indenture, the Agency has pledged and assigned to the Trustee and granted to the Trustee or will hereafter pledge, assign and grant to the Trustee a security interest in all of the Agency's present or future right, title and interest in and to the collateral, for the exclusive benefit of the Banks and the owners of the Series 1995B Variable Rate Bonds. 2. The Member hereby acknowledges the Trustee's security interest in the Collateral. 3. The Member agrees that (a) it shall collect all Development Impact Fees on behalf of the Agency; (b) such Development Impact Fees are the property of the Agency and the Member has no beneficial interest therein; (c) until such Development Impact Fees have been paid to the Agency , the Member shall hold all such Development Impact Fees in trust for the benefit of the Agency and the Trustee acting for the benefit of the Banks and the owners of the Series 1995B Variable Rate Bonds; (d) the Member shall segregate such Development Impact Fees from its other revenues and identify on its books and records such Development Impact Fees as belonging to the Agency; (e) the Member shall pay all Development Impact Fees directly to the Trustee at the address specified by the Trustee or by wire transfer to the account specified by the Trustee. 4. For purposes of this Notice and Acknowledgment, "Development Impact Fees" means the fees collected by the Member as a condition of approval of a final map or as a condition of approval of a building permit pursuant to Section 66484.3 of the California Government Code, the Joint Powers Agreement and the ordinances adopted by such Member. 5. This Notice and Acknowledgment is subject to California law and is given in order to perfect and protect the security interest of the Trustee in the Collateral. This Notice and Acknowledgment supersedes that certain Member Notice and Acknowledgment dated July 7, 1993 executed by the Agency and Morgan Guaranty Trust Company of New York and acknowledged by the Member. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY By:__ liC�lbtc�kw Title: 26Ca . V FIRST INTERSTATE BANK OF CALIFORNIA AS TRUSTEE By: _.0`X-'f-C- e. Title:_ Ayr Acknowledged and Agreed: Santa Ana By: --�" David N. Ream Title: City Manager 5A111KTY NI C F CI Dated: CCO426A /,_. f3"- 0,3 i This MEMBER NOTICE AND ACKNOWLEDGMENT is given by FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY (the "Agency ") and FIRST INTERSTATE BANK OF CALIFORNIA, as trustee (the "Trustee ") and acknowledged by the City of Santa Ana (the "Member ") as of CIS , 1995. WHEREAS, in order to implement the Major Thoroughfare and Bridge Fee Program on a regional basis and to provide a means to finance, design and construct a toll road for the Foothill/Eastern Transportation Corridor ("Foothill/Eastern Transportation Corridor System "), the County of Orange (the "County ") and certain cities within the County (collectively, the "Members ") have entered into a First Amended and Restated Joint Exercise of Powers Agreement, dated as of October 17, 1988 (the "Joint Powers Agreement ") creating the Agency; and WHEREAS, in recognition of the particular transportation needs to be addressed in the County, the Califomia Legislature enacted laws codified as Section 50029 and Section 66484.3 of the California Government code, authorizing the Members to require the payment of Development Impact Fees for the purpose of financing the cost of bridges and major thoroughfares within the County; and WHEREAS, the Agency has determined it necessary and advisable to provide for the issuance from time to time of its Toll Road Revenue Bonds (the "Bonds ") and other evidences of its indebtedness from time to time for the purpose of paying costs of the Foothill/Eastern Transportation Corridor System, including the 1995 Project (as defined in the Second Supplemental Indenture); and WHEREAS, the Agency has determined it necessary and advisable to issue Bonds pursuant to the Master Indenture of Trust dated as of gin( K, 1995, by and between the Agency and the Trustee (the "Master Indenture ") including a'ssee ieess of Bonds designated as the Series 1995B (Variable Rate) Bonds (the "Series 1995B Variable Rate Bonds ") under the conditions and subject to the limitations set forth in the Master Indenture as supplemented by the Second Supplemental Indenture of Trust (the "Second Supplemental Indenture ") dated as of _UFna, 1995 by and between the Agency and the Trustee; and WHEREAS, the Agency's obligations to the owners of the Series 1995B Variable Rate Bonds and to the banks providing letters of credit to support such Bonds (the `Banks ") will be secured in part by a security interest in all Development Impact Fees, all rights to receive Development Impact Fees and all of the Agency's rights under the Joint Powers Agreement, in respect of such Development Impact Fees and the proceeds of the foregoing (the "Collateral ") 1. Notice is hereby given that pursuant to section 7.5(b) of the Second Supplemental Indenture, the Agency has pledged and assigned to the Trustee and granted to the Trustee or will hereafter pledge, assign and grant to the Trustee a security interest in all of the Agency's present or future right, title and interest in and to the collateral, for the exclusive benefit of the Banks and the owners of the Series 1995B Variable Rate Bonds. 2. The Member hereby acknowledges the Trustee's security interest in the Collateral. 3. The Member agrees that (a) it shall collect all Development Impact Fees on behalf of the Agency; (b) such Development Impact Fees are the property of the Agency and the Member has no beneficial interest therein; (c) until such Development Impact Fees have been paid to the Agency , the Member shall hold all such Development Impact Fees in trust for the benefit of the Agency and the Trustee acting for the benefit of the Banks and the owners of the Series 1995B Variable Rate Bonds; (d) the Member shall segregate such Development Impact Fees from its other revenues and identify on its books and records such Development Impact Fees as belonging to the Agency; (e) the Member shall pay all Development Impact Fees directly to the Trustee at the address specified by the Trustee or by wire transfer to the account specified by the Trustee. 4. For purposes of this Notice and Acknowledgment, "Development Impact Fees" means the fees collected by the Member as a condition of approval of a final map or as a condition of approval of a building permit pursuant to Section 66484.3 of the California Government Code, the Joint Powers Agreement and the ordinances adopted by such Member. 5. This Notice and Acknowledgment is subject to California law and is given in order to perfect and protect the security interest of the Trustee in the Collateral. This Notice and Acknowledgment supersedes that certain Member Notice and Acknowledgment dated July 7, 1993 executed by the Agency and Morgan Guaranty Trust Company of New York and acknowledged by the Member. FOOTIULL/EASTERN TRANSPORTATION CORRIDOR AGENCY By: Gc�1 Title: GE . V 10 FIRST INTERSTATE BANK OF CALIFORNIA AS TRUSTEE By: ' 2& Title: Aff Acknowledged and Agreed: . A 011 iATTES T. By: _ David N. Ream Title: City Manager JAN (GE C. GI(N Dated: CCO426A April 26, 1995 Dave Ream City of Santa Ana P.O. Box 1988 y Santa Ana, CA 92701 1-1 0 r ' Dear"nll Ream: f Enclosed is the new Member Agency Notice and Acknowledgment form to be used for the Eastern financing. This form is similar to the one presented to the City as part of our Foothill financing process in June 1993. Please review the form, sign it and return it to my attention no later than May 22, 1995. If you have any questions, please call Wally Kreutzen at 513 -3413 or if I'm not available, call Kathy Besnard at 513 -3403. Thank you. Best regards, Y William Woollett, Jr. Chief Executive Officer [.l:. i1 KB0426A SG5 H6 61 el t, IN 7< n 1GUM 201 E SANDPOINTE AVE., SUITE 200, P.O. `�Q�C 2 87Q, S, TA } y, CA 92799 -8870 7141436 -9800 FAX 7141436 -9848 Members: Anaheim • Costa Mesa • County of Orange • Dana Point • Irvine • Lake Forest • Laguna Hills • Laguna Niguel Mission Viejo • Orange • Newport Beach • Santa Ana • San Clemente • San Juan Capistrano • Tustin • Vorba Linda ® vecyded Pape William Woollett, Jr. Chief Executive Officer San Joaquin Hills Foothill /Eastern CorridorAgency CorrldorAgency Walter D. Kreutzen Executive Vice President Chairman: Chairman Finance &Administration Patricia Bates Scott Diehl Laguna Niguel San Clemente TRANSPORTATION CORRIDOR AGENCIES Gregory G. Henk Executive Vice President Design & Construction April 26, 1995 Dave Ream City of Santa Ana P.O. Box 1988 y Santa Ana, CA 92701 1-1 0 r ' Dear"nll Ream: f Enclosed is the new Member Agency Notice and Acknowledgment form to be used for the Eastern financing. This form is similar to the one presented to the City as part of our Foothill financing process in June 1993. Please review the form, sign it and return it to my attention no later than May 22, 1995. If you have any questions, please call Wally Kreutzen at 513 -3413 or if I'm not available, call Kathy Besnard at 513 -3403. Thank you. Best regards, Y William Woollett, Jr. Chief Executive Officer [.l:. i1 KB0426A SG5 H6 61 el t, IN 7< n 1GUM 201 E SANDPOINTE AVE., SUITE 200, P.O. `�Q�C 2 87Q, S, TA } y, CA 92799 -8870 7141436 -9800 FAX 7141436 -9848 Members: Anaheim • Costa Mesa • County of Orange • Dana Point • Irvine • Lake Forest • Laguna Hills • Laguna Niguel Mission Viejo • Orange • Newport Beach • Santa Ana • San Clemente • San Juan Capistrano • Tustin • Vorba Linda ® vecyded Pape MEMORANDUM To: City Olanager Date: Ji oss Fro : ecutive Director, PWA May 26,1995 Subject: MEMBER AGENCY NOTICE AND ACKNOWLEDGEMENT I have reviewed the Member Agency Notice and Acknowledgement document and recommend your signature. Ed Cooper has also reviewed this document and recommends approval under your name. This document does not require City Council approval. Cs 809 MEMORANDUM m From: Subject: TREASURER CLERK OF THE COUNCIL RECEIPT Date: //- a - !?� Please accept $ cj, and issue a receipt. TO: LLXA /� i1lN P_J F. ADDRESS: FOR: DEPOSIT IN FUND ACCOUNT #11 -01 -5578 MARE CHECKS PAYABLE TO: City of Santa Ana MAIL TO: Clerk of the Council P.O. BOX 1988 - M -30 Santa Ana, Ca. 92702 FEES - Copies: $1.50 = 1st page .20 = Each page thereafter Certifications = $2.50 VALIDATION BY TREASURER Cashrcpt Sign r7 e 5/92 AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, Section 11.1 of the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency "Agreement ") provides that the Agreement may be amended with Parties. the approval of not less than three- fourths (3/4) of all the follows: NOW, THEREFORE, the Parties to the Agreement agree as SECTION 1. Section 3.2(a)(ii) of the Agreement is amended to read as follows: "3.2 BOARD. a. The Board shall consist of the following: • • . (ii) three County of Orange supervisors for County of Orange ATTEST: CLERK OF THE BOARD OF SUPERVISORS APPROVED AS TO FORM: By: COUNTY COUNSEL voting Board Members from the said members to be duly elected the Third, Fourth and Fifth Supervisorial Districts." COUNTY OF ORANGE -1- SUPERVISORS ATTEST: CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM By: At . ii Dated. /�s�.C�y BY L�r� MAYOR APPROVED AS TO FORM: oz 0 ,"ERK OF THE CITY OF DANA POINT By: )fl- on R) p„ Dated: APPROVED AS TO FORM: By: TTORNEY ATTEST: CLERK OF THE CITY OF IRVINE By: —2— CITY OF DANA POINT By. MAYOR CITY OF IRVINE r � _ ATTEST: CLERK OF THE CITY OF CITY OF LAKE FOREST LAKE FOREST Date � �� By: /I.(� MAYOR APP OVER AS TO FORM: BY: C%,� g >� I�/ CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO CITY OF MISSION VIEJO Da MAYOR APPROVED AS TO FORM: By: /Cil CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE CITY OF ORANGE �r/ Dated, MAYOR APPROVED AS TO FORM: By: CITY ATTORNEY = _3_ ATTEST: CLERK OF THE CITY OF SAN CLEMENTE i Dated- APPROVED D AS TO FORM; By' 016 -w � V9Y-AllvAvzY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO CITY OF SAN CLEMENTE By: CITY OF SAN JUAN CAPISTRANO By: w tiY Dated By: APPROVED AS TO FORM; MAYOR By: �ttY 4CL/ Y ATTEST: CLERK OF THE CITY OF SANTA ANA CITY OF SANTA ANA By: Date , By: APPROVED AS TO FORM: ��sr � vw� ;iF►'�� —4— ATTEST: CLERK OF THE CITY OF TUSTIN By: 6L4,C4� Dated: cC_— APPROVED AS TO FORM: By: CI T RNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA Dated: g�i_ g� APPROVED AS TO FORM: CITY OF TUSTIN By: Qe G e UCre 7 MAYOR CITY OF YORBA LINDA By: MAY R By. � r CI ATTORNEY f/ APPROVED AS TO RM: BA �. Y COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY ORI:RDT:744 —5— REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE Mav .��}ucation J.t TITLE RESOLUTION APPROVING AMENDMENT NO. 3 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF PO ERS AGREEMENT CREATING THE FOOTHILL/ mr-gl llyilVlCInuru JA%01 I%JNN CLERK OF THE COUNCIL USE ONLY Approved [] As Recommended See Minutes E�] Ordinance on 1st Reading F7 Ord finance on 2nd Reading 0 Implementing Resolution F7 Set Public Hearing For Continued to: FILE NUMBER(S): Adopt a resolution approving the admission of the County of Orange, Supervisor of the Fourth District as a party to the Foothill /Eastern Transportation Corridor Agency and authorizing the Mayor and the Clerk of the Council to execute the Amendment on behalf of the City of Santa Ana. DISCUSSION The County of Orange, the City of Santa Ana, and ten other cities that would benefit from the construction of the Foothill /Eastern Transportation Corridor are members of the Foothill /Eastern Transportation Corridor Agency. The Supervisor of the Fourth District, County of orange, has recently requested to become a member of the Foothill /Eastern Transportation Corridor Agency because, with the recent revision of Supervisorial District boundaries, portions of the planned alignment of the Eastern Corridor are now in the Fourth District. Section 11.1 of the Joint Powers Agreement provides that the Agreement may be amended by the approval of not less than three - fourths of the parties. FISCAL IMPACT There is no direct fiscal impact on the City of Santa Ana with this action. Executive Public Works Agency JR /JA /38am C.S. 383 W] REL:mb 4/8/92 RESOLUTION NO. 92 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/ EASTERN TRANSPORTATION CORRIDOR AGENCY. WHEREAS, the County of Orange and the Cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/ Eastern Transportation Corridor Agency (the "Joint Powers Agreement "and the "Agency ") , which Agreement became effective on October 21, 1988; and WHEREAS, Section 11.1 of the Joint Powers Agreement provides that the Agreement may be amended by the approval of not less than three - fourths of the parties. NOW, THEREFORE, the City of Santa Ana authorizes its Mayor to sign and Clerk to attest Amendment No. 3 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, attached hereto as Exhibit "A". ADOPTED this day of ATTEST: Daniel H. Young Janice C. Guy Mayor Clerk of the Council COUNCILMEMBERS: , 1992. Young APPROVED AS TO FORM: Pulido Acosta Griset McGuigan Norton Edward oo r Richardson City Attorney 1 152 AMENDMENT NO, 3 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, Section 11.1 of the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (the "Agreement ") provides that the Agreement may be amended with the approval of not less than three- fourths (3/4) of all the Parties. NOW, THEREFORE, the Parties to the Agreement agree as follows: SECTION 1. Section 3.2(a)(ii) of the Agreement is amended to read as follows: "3.2 BOARD. a. The Board shall consist of the following: (ii) three voting Board Members from the County of Orange, said members to be duly elected supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts." ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE OF SUPERVISORS By: Dated: APPROVED AS TO FORM: By: COUNTY COUNSEL CHAIRMAN BOARD OF SUPERVISORS -I- 153 ATTEST: CLERK OF THE CITY OF ANAHEIM Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF DANA POINT Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF IRVINE Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY CITY OF ANAHEIM om lu ►_�`[� CITY OF DANA POINT oz CITY OF IRVINE By: 154 -2- MAYOR MAYOR ATTEST: CLERK OF THE CITY OF CITY OF LAKE FOREST LAKE FOREST By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE By: Dated: APPROVED AS TO FORM: BY: CITY ATTORNEY om MAYOR CITY OF MISSION VIEJO m CITY OF ORANGE as -3- 155 MAYOR MAYOR ATTEST: CLERK OF THE CITY OF SAN CLEMENTE Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY CITY OF SAN CLEMENTE MAYOR CITY OF SAN JUAN CAPISTRANO By: MAYOR CITY OF SANTA ANA m _4_ 156 MAYOR ATTEST By: Dated: CLERK OF THE CITY OF CITY OF TUSTIN TUSTIN APPROVED AS TO FORM: Bv: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA By: _ Dated: APPROVED AS TO FORM: Bv: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY 0 R 1: R D T: 7 4 4 oz MAYOR CITY OF YORBA LINDA m- -5- 157 35A AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, Section 11.1 of the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (the "Agreement ") provides that the Agreement may be amended with the approval of not less than three - fourths (3/4) of all the Parties. NOW, THEREFORE, the Parties to the Agreement agree as follows: SECTION 1. Section 3.2(a)(ii) of the Agreement is amended to read as follows: "3.2 BOARD. a. The Board shall consist of the following: (ii) three voting Board Members from the County of Orange, said members to be duly elected supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts." ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE OF SUPERVISORS By: _ Dated: APPROVED AS TO FORM: By: COUNTY COUNSEL -1- CHAIRMAN BOARD OF SUPERVISORS ATTEST: CLERK OF THE CITY OF ANAHEIM By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF DANA POINT By: _ Dated: APPROVED AS TO FORM: CITY OF ANAHEIM uz MAYOR CITY OF DANA POINT sm By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF IRVINE IRVINE By: _ Dated: APPROVED AS TO FORM: BY: CITY ATTORNEY -2- m- MAYOR MAYOR ATTEST: CLERK OF THE CITY OF LAKE FOREST BY: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO By: _ Dated: APPROVED AS TO FORM: CITY OF LAKE FOREST By: MAYOR CITY OF MISSION VIEJO By: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF ORANGE ORANGE By: _ Dated: APPROVED AS TO FORM: By: CITY ATTORNEY -3- By: MAYOR ATTEST: CLERK OF THE CITY OF SAN CLEMENTE Bv: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO BY: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA By: _ Dated: APPROVED AS TO FORM: CITY AT ••N, -4- CITY OF SAN CLEMENTE oz MAYOR CITY OF SAN JUAN CAPISTRANO m MAYOR CITY OF SANTA ANA m MAYOR ATTEST: CLERK OF THE CITY OF TUSTIN By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY ORI:RDT:799 -5- CITY OF TUSTIN By: MAYOR CITY OF YORBA LINDA MAYOR '4 qa °Qdif AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill /Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Dana Point as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the Resolution establishing the areas of benefit, estimated cost and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo, the City of Lake Forest and the City of Dana Point, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, and is amended by this Amendment No. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the _ day of , 1991, the date on which the last of such public agencies executed this Amendment No. 2 to such Agreement: (a) County of Orange (b) City of Anaheim (c) City of Dana Point (d) City of Irvine (e) City of Lake Forest (f) City of Mission Viejo (g) City of Orange (h) City of San Clemente (i) City of San Juan Capistrano (j) City of Santa Ana (k) City of Tustin (1) City of Yorba Linda ORI:DLB:239 SECTION 3. follows: . . . 3.2 BOARD. Section 3.2 hereby is amended to read as a. The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD OF SUPERVISORS APPROVED AS TO FORM: By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM COUNTY OF ORANGE OF SUPERVISORS CITY OF ANAHEIM By: Al By: _ Dated: MAYO APPROVED AS TO FORM: M ORI:DLB:239 ATTEST: CLERY O£' THE CITY OF DANA POINT By: Dated: APPROVED AS TO FORM: IQ.NA POINT ATTEST: CLERK OF THE CITY OF IRVINE By: Z APPROVED AS TO FORM: 0 ATTEST: CLERK OF THE CITY OF LAKE FOREST Data1 ;" AP Ol J AS O FORM: By: �,1°�s1, ,c3'°" ` CITY ATTORNEY ORI:DLB:239 CITY OF DANA POINT MEw t CITY OF IRVINE MAYOR CITY OF LAKE FOREST By: -aLv,— MAYOR ATTEST: CLERK OF THE CITY OF MISSION VIEJO Date : 4- TAP POVED AS TO ORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE APPROVED F:S TO FORM: C TY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN CLEMENTE CITY OF MISSION VIEJO By: MAYOR CITY OF ORANGE By: CITY 1 By: .-2Q� R By: Dated: APPROVED AS TO FORM: WC+T-TA -NEY ORI:DLB:239 ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO mate E✓ / APPROVED AS TO FORM: Ii1l /I. J /�1'��..�L;.,il ATTEST: CLERK OF THE CITY OF SANTA ANA CITY OF SAN JUAN CAPISTRANO By. MAYOR CITY OF SANTA ANA By: t By: Q�4 Date MAYOR APPROVED AS TO FORM: By: CITY ATTORNE ATTEST: CLERK OF THE CITY OF TUSTIN 6cJb °utt u '�( tXEB iiiont City mannor CITY OF TUSTIN � � 1 By: By: Ve�Zel1Le� Dated: 1 2�lAYOR ORI:DLB:239 ATTEST: CLERK OF THE CITY OF YORBA LINDA Dated: F —/ -- `P-a, CITY OF YORBA LINDA By: 44a,-o MA OR 1. APPROVED AS TO FORM: /% By: X0 /, CI TTORN APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY ORI:DLB:273 ORI:DLB:239 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE March 2, 1992 TITLE RESOLUTION APPROVING AMENDMENT C.S. 383 NO. 2 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/ EASTERN TRANSPORTATION CORRIDOR CLERK OF THE COUNCIL USE ONLY Approved 0 As Recommended See Minutes 0 Ord inance on 1st Reading 0 d inance on 2nd Reading Implementing Resolution MAR 21992 F—] Set Public Hearing For Continued to: Adopt a resolution approving the admission of the City of Dana Point as a party to the Foothill /Eastern Transportation Corridor Agency. The County of Orange, the City of Santa Ana, and nine other cities that would benefit from the construction of the Foothill/ Eastern Transportation Corridor are members of the Transportation Corridor Agency. The City of Dana Point has recently requested to become a member of the Foothill /Eastern Transportation Corridor Agency.. The City of Dana Point has complied with the requirements of Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" by enactment of an Ordinance adopting the Major Thoroughfare and Bridge Fee Program of the Agency, and a Resolution establishing the areas of benefit, estimated costs and required fees. Section 9.1 of the Agreement requires unanimous consent of all parties, including the City of Dana Point. Inclusion of the City of Dana Point as a member of the Transportation Corridor Agency will assure that each of the areas of benefit contribute their fair share of the costs for the Foothill /Eastern Transportation Corridor Agency. FISCAL IMPACT There is no direct fiscal impact on the City of Santa Ana with this action. James G. Ross, Exec." i� r)Z ector Public Works Agency O 619 - '%-'hOM Woollett, Jr 4a Lltrve Drractof .:Willy Krew2en - %snury DGacrar, = :'lOn�e .k �1a/nln4"7 /d/iCY', eP�'N Director, �slyn & C:pnpTfUCrIOn Mr. David Ream City of Santa Ana December 12, 1991 20 Civic Center Plaza Santa Ana, CA 92701 Re: Admission of the City of Dana Point as a part of Foothil] Dear Mr. Ream: The City at Dana Point has requested to join the Foothill /Eastern Transportation Corridor Agency, The City of Dana point will comply with the requirements of Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" by enactment of an ordinance adopting the Major Thoroughfare and Bridge Fee .program of the Agency, and a Resolution establishing the Areas of Benefit, estimated costs and required fees in January. Section 9.1 of this Agreement requires the unanimous consent of all Parties, including the City of Dana Point, to be evidenced by execution of a written amendment to this Agreement. Such an amendment, together with a form of resolution authorizing execution, is enclosed, we urge your City Council to adopt this Resolution on or before February 1, 1992. We are anxious to welcome the City of Dana Point to full membership in the Foothill /Eastern Transportation Agency and to benefit from its Corridor participation in the efforts to alleviate Orange Countyfs traffic problems by early completion of the design, financing and construct'* Transportation Corridor. on Of the Foothill /Eastern Sincerely, William Woollett, Jr. Executive Director cc; Han. Robert Richardson aa5 Cllnton Sheet, Costa Mesa. CA 92626 71415573298 FAX 7141557 -4104 Members• Anaheim Costa Meso CaunNatOran,90 Dana point irVing Lake Forest Caguna HNs LagunatJ!guel Mission V" j ororx9e tJewpart geach Santa Ana San Clen7ente San Juan Capishono Tustin Yoma Unary b Ft ' 3 �� t� d C'P7 r +eovclea%aaer Sb3 i 3Hi WoJjj b0 :01 c6, Ic Had Son Joopu;n Hilk .= ooirill /rosiam COrrippr Agency iOm;7or Agency ChOiiM]r,: L'novrnam Aim .lonn Cox acne w4ne/ 0o x ac :!Zla Loan TRANSPORTAMN CORRIDOR AGENCIES - '%-'hOM Woollett, Jr 4a Lltrve Drractof .:Willy Krew2en - %snury DGacrar, = :'lOn�e .k �1a/nln4"7 /d/iCY', eP�'N Director, �slyn & C:pnpTfUCrIOn Mr. David Ream City of Santa Ana December 12, 1991 20 Civic Center Plaza Santa Ana, CA 92701 Re: Admission of the City of Dana Point as a part of Foothil] Dear Mr. Ream: The City at Dana Point has requested to join the Foothill /Eastern Transportation Corridor Agency, The City of Dana point will comply with the requirements of Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" by enactment of an ordinance adopting the Major Thoroughfare and Bridge Fee .program of the Agency, and a Resolution establishing the Areas of Benefit, estimated costs and required fees in January. Section 9.1 of this Agreement requires the unanimous consent of all Parties, including the City of Dana Point, to be evidenced by execution of a written amendment to this Agreement. Such an amendment, together with a form of resolution authorizing execution, is enclosed, we urge your City Council to adopt this Resolution on or before February 1, 1992. We are anxious to welcome the City of Dana Point to full membership in the Foothill /Eastern Transportation Agency and to benefit from its Corridor participation in the efforts to alleviate Orange Countyfs traffic problems by early completion of the design, financing and construct'* Transportation Corridor. on Of the Foothill /Eastern Sincerely, William Woollett, Jr. Executive Director cc; Han. Robert Richardson aa5 Cllnton Sheet, Costa Mesa. CA 92626 71415573298 FAX 7141557 -4104 Members• Anaheim Costa Meso CaunNatOran,90 Dana point irVing Lake Forest Caguna HNs LagunatJ!guel Mission V" j ororx9e tJewpart geach Santa Ana San Clen7ente San Juan Capishono Tustin Yoma Unary b Ft ' 3 �� t� d C'P7 r +eovclea%aaer Sb3 i 3Hi WoJjj b0 :01 c6, Ic Had RESOLUTION N0. 92 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 2 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY" WHEREAS, the County of Orange and the Cities of Anaheim, Irvine, Mission Viejo, orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (The "Joint Powers Agreement" and the "Agency "), which Agreement became effective on October 21, 1988; and WHEREAS, the City of Dana Point (The "City ") intends to adopt an Ordinance, adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Joint Powers Agreement; and WHEREAS, the City intends to adopt a Resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Joint Powers Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Joint Powers Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, the City of Santa ana hereby agrees to admit the City as a Party to the Agency, and authorizes its Mayor to sign and the Clerk of the Council to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 32 -020 PAGE TWO ADOPTED this ATTEST: 64-dnice C. Guy Clerk of the Counci COUNCILMEMBERS: Young Aye Pulido Aye Acosta Fve Griset ;�VP. McGuigan Aye Norton Absent Richardson Aye State of California County of Orange 2nd day of Plarch , 1992. I Dani H. Young / Mayor • • • 1- Edwa Coop r City Attor CERTIFICATE OF ORIGINALITY I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9 a - Ca o to be the original resolution adopted by the City Council of the City of Santa Ana on 3 -a -9.2, l� Clerk of the Council, Date City of Santa Ana AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill /Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Dana Point as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the Resolution establishing the areas of benefit, estimated cost and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo, the City of Lake Forest and the City of Dana Point, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, and is amended by this Amendment No. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the day of 1991, the date on which the last of such public agencies executed this Amendment No. 2 to such Agreement: (a) County of Orange (b) City of Anaheim (c) City of Dana Point (d) City of Irvine (e) City of Lake Forest (f) City of Mission Viejo (g) City of Orange (h) City of San Clemente (i) City of San Juan Capistrano (j) City of Santa Ana (k) City of Tustin (1) City of Yorba Linda Exhibit A SECTION 3. Section 3.2 hereby is amended to read as follows: . . . 3.2 BOARD a. The Board shall consist of the following: (i) one voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: Dated: APPROVED AS TO FORM: By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF DANA POINT By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY COUNTY OF ORANGE CHAIRMAN BOARD OF SUPERVISORS CITY OF ANAHEIM By: MAYOR CITY OF DANA POINT By: Iui�TN7 7 ATTEST: CLERK OF THE CITY OF IRVINE By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF LAKE FOREST By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE By: Date: APPROVED AS TO FORM: By: CITY ATTORNEY CITY OF IRVINE as tuiZ'Zi] 7 CITY OF LAKE FOREST By: MAYOR CITY OF MISSION VIEJO By: MAYOR CITY OF ORANGE IN MAYOR ATTEST: CLERK OF THE CITY OF SAN CLEMENTE By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA By: Date: APPROVED AS TO FORM By: CITY 7=0 NY ATTEST: CLERK OF THE CITY OF TUSTIN By: Date: APPROVED AS TO FORM: By CITY ATTORNEY CITY OF SAN CLEMENTE By: MAYOR CITY OF SAN JUAN CAPISTRANO By: MAYOR CITY OF SANTA ANA MAYOR CITY OF TUSTIN MAYOR ATTEST: CLERK OF THE CITY OF YORBA LINDA By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY CITY OF YORBA LINDA By: MAYOR 4 ° V-1VIf AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEME CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill /Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Lake Forest as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the Resolution establishing the areas of benefit, estimated cost and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo and the City of Lake Forest, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the day of , 1991, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) Coun (b) City (c) City (d) City (e) City (f) City (g) City (h) City (i) City (j) City (k) City :y of of of of of of of of of of :)f Orange Anaheim Irvine Lake Forest Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda SECTION 3. Section 3.2 hereby is amended to read as follows: . . . 3.2 BOARD. a. The Board shall consist of the following: 1. (i) One voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: � Dated: 0 l -30 -92 APPROVED AS TO FORM: COUNTY OF ORANGE By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF CITY OF ANAHEIM ANAHEIM By: /l .te.�rs�st&�� By: Dated: MAYOR APPROVED A TO FORM: 2. By j -"- C TY TTORNEY ATTEST: CLERK OF THE CITY OF IRVINE By: Datecy. APPROVED AS TO FORM: 2. CITY OF IRVINE By: T MAYOR ATTEST: CLERK OF THE CITY OF LAKE FOREST td APPROVE). AS TO FORM: By: CITY. A 'TORNEY ATTESTt CLERK OF 'IIfE CITY OF AISSION VIEJO By: Dated: APPROVED AG TO FORM: By: 1 'o. &,,,--°- CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE Dated: ( APPROVED AS TO FORM: By:Gc�� T CITY ATTORNEY 3. CITY OF LAKE FOREST By: MAYOR CITY OF MISSION VIEJO l.. � ,✓�/ 1. ;�%i► CITY OF ORANGE ATTEST: CLERK OF THE CITY OF SAN CLEMENTE Dated: : _ R3e-- APPROVED AS TO FORM: ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO By L!...y-�+i/`!� APPROVED AS TO FORM: By: 1 ✓ CI ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA By: a- e Dat APPROVED AS TO FORM: mail 4. CITY By: CITY OF SAN JUAN CAPISTRANO i By: — �i"s CITY OF SANTA ANA By: Q;4-�t�k� MAYOR 4 -------- airy Ma�pr ATTEST: CLERK OF THE CITY OF CITY OF TUSTIN TUSTIN By: / �J�.0 Dated: ,MAYOR By: ATTEST: CLERK OF THE CITY OF CITY OF YORBA LINDA YORBA LINDA By: - By: dY Dat ed: R APPROVED AS TO FORM: By: ZCI17 ATTO N APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY OR1:DLB:264/3 5. -�I- J `ly RESOLUTION NO. 91 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 1 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY" WHEREAS, the County of Orange and the Cities of Anaheim, Irvine, Mission Viejo, orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Lake Forest (the "City ") will become effective on December 20, 1991; and WHEREAS, the City intends to adopt an Ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City also intends to adopt a Resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City Council elect has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, the City of Santa Ana hereby agrees to admit the City as a Party to the Agency, and authorizes its Mayor to sign and the Clerk of the Council to attest Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 91 -105 PAGE TWO ADOPTED this 18th day of ATTEST: nice C. Guy Clerk of the Counci COUNCILMEMBERS: November 1991. r Dan H. Young Mayor Young Aye Pulido —Ty—e APPROVED AS TO FORM: Acosta Griset McGuigan Aye Norton Aye Edward 7. -Co ei Richardson Aye City Attorney AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill /Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Lake Forest as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the Resolution establishing the areas of benefit, estimated cost and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant.to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo and the City of Lake Forest, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the _ day of , 1991, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) Coun (b) City (c) City (d) City (e) City (f) City (g) City (h) City (i) City (j) City (k) City ty of of of of of of of of of of Df Orange Anaheim Irvine Lake Forest Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda SECTION 3. Section 3.2 hereby is amended to read as follows: 3.2 BOARD. a. The Board shall consist of the following: 1. EXHIBIT A (i) One voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE OF SUPERVISORS By: _ Dated: APPROVED AS TO FORM: CHAIRMAN BOARD OF SUPERVISORS By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF CITY OF ANAHEIM ANAHEIM By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF IRVINE Bv: Dated: APPROVED AS TO FORM: Bv: CITY ATTORNEY 2. By: CITY OF IRVINE By: MAYOR MAYOR ATTEST: CLERK OF THE CITY OF LAKE FOREST By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY 3. CITY OF LAKE FOREST By: MAYOR CITY OF MISSION VIEJO By: CITY OF ORANGE By: MAYOR MAYOR ATTEST: CLERK OF THE CITY OF SAN CLEMENTE By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA By: Dated: APPROVED AS TO FORM: CITY A-rT0RNEY 4. CITY OF SAN CLEMENTE By: MAYOR CITY OF SAN JUAN CAPISTRANO By: MAYOR CITY OF SANTA ANA By: MAYOR ATTEST: CLERK OF THE CITY OF TUSTIN By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA By: Dated: APPROVED AS TO FORM: us CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY OM MB:264/3 5. CITY OF TUSTIN By: MAYOR CITY OF YORBA LINDA By: MAYOR f FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY ORIGINAL TABLE OF CONTENTS RECITALS I. DEFINITIONS Paee 1 3 II. PURPOSE AND POWERS . . . . . . . . . . . . . 4 2.1 Agency Created . . . . . . . . 4 2.2 Purpose of the Agreement; Common Powers to be Exercised . . . . . . . . . . . . 4 2.3 Powers . . . . . . . . . . . . . . . . . 5 III. ORGANIZATION . . . . . . . . . . . . . . . 6 3.1 Membership . . . . . . . . . . . . . . . 6 3.2 Board . . . . . . . . . . . . . 6 3.3 Principal Office . . . . . . . . . . . . 7 3.4 Meetings . . . . . . . . . . . . . . . . 8 3.5 Quorum . . . . . . . . . 8 3.6 Powers and Limitations Thereon . . . . . 8 3.7 Minutes . . . . . . . . . . . . . . . . 8 3.8 Rules 8 3.9 Vote or Assent of Parties . . . . . . . 9 3.10 Officers . . . . . . . . . . . . . . . . 9 3.11 Committees . . . . . . 9 3.12 Additional Officers and Employees . . . 9 3.13 Bonding Requirement . . . . . .10 3.14 Status of Officers and Employees . . . .10 IV. FEES . . . . . . .10 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Members . . . . . . . . . . .11 4.2 Annual Review of Fees . . . . . . . . .11 4.3 Payment . . . . . . . . . . .11 4.4 Compensation of Agency for Acquisition of Rights -of -Way . . . . . .12 V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES . . . . . . .12 5.1 Joint Action with Other Agencies . . . .12 5.2 Communications Between Corridor Agencies . . . . . . .13 5.3 Lending and Borrowing of Funds Between Agencies . . . . . . . . . . . .13 -i- VI. BUDGETS AND DISBURSEMENTS . . . . . . . . . .13 6.1 Annual Budget . . . . . . . . . . . . .13 6.2 Disbursements . . . . . . . . . . . . .13 6.3 Accounts . . . . . . .13 6.4 Expenditures Within Approved Annual Budget . . . . . . . . . . . . .14 6.5 Audit . . . . . . . . . . . . . . . . . .14 VII. SECURITIES . . . . . . . . . . . . . . . .14 7.1 Securities . . . . . . . . . . . . . . .14 VIII. LIABILITIES . . . . . . . . . . . . . . .15 8.1 Liabilities . . . . . . .15 8.2 Hold Harmless and Indemnify . . . . . .15 IX. ADMISSION AND WITHDRAWAL OF PARTIES . . . . .16 9.1 Admission of New Parties . . . . . . . .16 9.2 Withdrawal . . . . . . . . . . . . . . .16 X. TERMINATION AND DISPOSITION OF ASSETS . . . .17 10.1 Termination . . . . . . . .17 10.2 Distribution of Property and Funds . . .17 XI. MISCELLANEOUS . . . . . . . . . . . . . . . .18 11.1 Amendments . . . . . . . . . . . . . . .18 11.2 Notice . . . . . . . . . . . . . . . .18 11.3 Effective Date . . . . . . . . . . . . .18 11.4 Arbitration. . . . . . . . . . . . .19 11.5 partial Invalidity . . . . . . . . . . .20 11.6 Successors . . . . . . . . . . . . . . .20 11.7 Assignment . . . . . . . . . . . . . . .20 11.8 Execution . . . . . . . . . . . . . . .20 -ii- FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY THIS FIRST AMENDED AND RESTATED AGREEMENT is made and entered into, pursuant to Sections 11.1 and 11.3, by and among the following public agencies as of the -�-Ud-h day of (0c 1988, the date on which eight or more of the following public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency: (a) County of Orange (b) City of Anaheim (c) City of Irvine (d) City of Mission Viejo (e) City (f) City (g) City (h) City (i) City (j) City of of of of of of Orange San Clemente San Juan Capistranc Santa Ana Tustin Yorba Linda R E C I T A L$ A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The Parties to this Agreement have territorial jurisdiction within the Area of Benefit of the Foothill and Eastern Transportation Corridor, and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. The Parties hereto have the common power to conduct such transportation planning, financing and construction. C. It has been determined by the Parties hereto that it is in the best interests of the respective Parties to join together to administer the funds provided by these fee programs, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the Parties is authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. E. The Parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or controlled by the Parties hereto. F. The Parties hereto recognize that, in order to serve the purpose stated herein, additional funding other than that received from the above - described fees must be obtained. Each Party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt financing, assessment districts, special legislation, toll revenue financing, Arterial Highway Financing program funds and other forms of governmental grants -in -aid. G. The Parties hereto recognize that in accordance with the principals of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. H. It is anticipated by the Parties hereto that any major thoroughfares or bridges constructed pursuant to this Agreement shall comport with those standards for scenic highways set forth in Streets and Highways Code Section 261. 6AI NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: I. For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this First Amended and Restated Joint Exercise of Powers Agreement, as amended from time to time. b. "Agency" means the FOOTHILL and EASTERN TRANSPORTATION CORRIDOR AGENCY. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board Members" means those persons serving as members of the Board or their alternates. e. "Board" means the governing body of the Agency. f. "Ex Officio Member" means Board Member who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. g. "Executive Director" means the chief operating employee selected by the Board to manage the day -to -day activities of the Agency, including, but not limited to, the appointment and removal of all employees of the Agency except those described in Section 3.11 below. The Executive Director shall not be an employee of any individual Party. h. "Fiscal Year', means July 1st to and including the following June 30th. i. "Party" means each of the public entities which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, including any -3- public entity executing an amendment of the original agreement as hereinafter provided. j. "Quarter" means July 1st to and including September 30th, October 1st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. II. 2.1 Agency Created There is hereby created a public entity to be known as the "FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provision of Article 1, Chapter 5, Division 7, of Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement Common Powers to be Exercised, Each Party has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA) whenever possible. The purpose of this Agreement is to jointly exercise the foregoing common powers to undertake such studies and planning relative to the Foothill and Eastern Transportation Corridors as may be necessary to establish areas of benefit, to recommend to the Parties the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by the Parties pursuant to Government Code Section 66484.3 and to fund, plan, acquire, and construct the major -4- thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. Except for maintenance of the facilities relating to collection of tolls and insuring that the major bridges or thoroughfares constructed pursuant to this Agreement comport to those design elements incorporated into Interstate 280 near the San Francisco Bay Area. The Agency shall not maintain or operate, or incur liability for the maintenance or operation of the facilities constructed pursuant to this Agreement, except as otherwise provided herein. Board planning policy has and shall continue to respond to those various memoranda of understanding, resolutions, minute orders and policy statements of Parties, attached as Exhibit "A" to the prior form of this Agreement and collectively incorporated in the "Issues Inventory Manual" adopted by the Board on August 13, 1987. 2.3 Powers The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of the Parties in studying and planning ways and means to provide for the design, financing, and construction of the Foothill and Eastern Transportation Corridors; b. To make and enter into contracts; C. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, maintain and operate any buildings, works or improvements; f. To acquire, hold, or dispose of property by any lawful means, including without limitation, gift, purchase, eminent domain, lease, lease purchase or sale; g. To incur debts, liabilities, or obligations subject to limitations herein set forth; -5- h. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; i. To sue and be sued in its own name; j. To apply for an appropriate grant or grants under any federal, state, or local programs for assistance in developing any of its programs; k. To adopt rules, regulations, policies, by -laws and procedures governing the operation of the Agency; 1. To exercise those powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code in accordance with Government Code Section 66484.3(f); and M. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. III. ORGANIZATION 3.1 Membership. The Parties to the Agency shall be the public entities which have executed or hereafter execute this Agreement, or amendment, thereto, and which have not, pursuant to the provisions hereof, withdrawn therefrom. a. The Board shall consist of the following: (i) one voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: The cities of Anaheim, Irvine, Orange, Mission Viejo, San Clemente, San Juan Capistrano, and Santa Ana, Tustin and Yorba Linda. (ii) two voting Board Members from the County of Orange, said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Districts. (iii) The Board may, from time to time, appoint additional ex officio members. b. Except for ex officio members, each Board Member shall be a current member of the legislative body of the Party each member represents. C. Each Board Member shall also have an alternate appointed by the legislative body of the Party represented by such Board Member. With the exception of the alternates to the Board Members representing the County of Orange, an alternate Board Member must also be a current member of the legislative body of the Party such alternate represents. An alternate Board Member shall assume all rights and duties of the absent Board Member. d. Each Board Member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a successor is named. Board Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the Party such Board Member represents subject, however, to the provisions of Section 3.2 a.(ii). e. A Board Member shall receive only such compensation from the Agency for his /her services as may be approved by not less than two — thirds (2/3) of the Board Members. f. A Board Member may be reimbursed for expenses incurred by such Board Member in the conduct of the business of the Agency. 3.3 Principal Office. The principal office of the Agency shall be established by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to —7— another in the County of Orange. Any change shall be noted by the secretary of the Board under this Agreement but shall not be considered an amendment to this Agreement. 3.4 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designed by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each Party. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as amended. 3.5 Quorum Not less than two — thirds (2/3) of the Board Members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the Parties as herein set forth. Unless otherwise provided herein, each Board Member or participating alternate Board Member shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate. 3.7 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board, and shall cause a copy of such minutes to be forwarded to each Board Member and to each Party. 3.8 Rules. The Board may adopt from time to time rules and regulations for the conduct of its affairs consistent with this Agreement. The vote, assent, or approval of Parties in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such Party filed with the Agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 3.10 Officers. There shall be selected by the Board from its membership, a chairman and a vice chairman. The Board shall appoint a secretary who may be a Member. The Board shall appoint an officer or employee of the Board or an officer or employee of a Party to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers and the duties of, and shall perform the treasurer and auditor functions for the Agency and those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. The chairman, vice chairman, secretary, treasurer and auditor shall hold office for a period of one year commencing July 1st of each year. Except for the Executive Director, any officer, employee, or agent of the Board may also be an officer, employee or agent of any of the Parties. The appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.11 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings shall be open to all Board Members, unless the presence of Board Members who are not members of such committee would violate the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.12 Additional Officers. The Board shall have the power, upon the approval of not less than two — thirds (2/3) of the Board Members, to q WE appoint such additional officers as may be appropriate. Such officers may also be, but are not required to be, officers and employees of a Party. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be so designated and empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer or persons be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activities of officers, agents, or employees of any of the Parties when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any of the Parties or, by reason of their employment by the Board, to be subject to any of the requirements of such Parties. IV. FEES 4.1 On or before the effective date of this Agreement (or, in the case of a new Party, on or before the date on which that Party becomes signatary to this Agreement), each Party shall require by ordinance the payment of a fee as a condition of issuance of a building permit within the Area of Benefit, for the purposes of defraying the actual or estimated cost of -10- constructing major thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill /Eastern Transportation Corridors," attached hereto as Exhibit "A" and incorporated by reference herein. The imposition of said fee by each Party shall be a condition precedent to that Party's participation in the Agency, and each Party covenants to continue the imposition of such fees as required herein and as required by provisions of any applicable bond indentures." 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above - described fee program and may, upon approval of not less than two - thirds (2/3) of its Members, modify the fee to be imposed by the Parties hereto. Each Party shall impose said revised fee within one hundred twenty (120) days, and if a Party fails to impose said fees, repeals the enabling ordinance or fee requirement or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforementioned time period, whichever is sooner, such action shall be deemed the withdrawal of that Party from the Agency, subject to the conditions specified in Section 9.2 below. 4.3 Payment. Each Party agrees to hold said fees in trust for the Agency, and to pay said fees to the Agency in quarterly payments, within sixty (60) days after the end of each quarter. The Board may authorize an audit of any Party to determine whether said payments of fees accurately reflect each Party's obligations under this Agreement. Unpaid fees shall bear interest at a rate to be determined by the Board. In the event that any Party fails to remit said fees to the Agency, said failure may be deemed by the Board to be a withdrawal of that Party from the Agency subject to the conditions specified in Section 9.2 hereof. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a Party hereto _11_ regarding the appropriate amount of the assessment to the Agency, in accordance with the rules and regulations established by the Agency, which decision shall be final. In the event that any Party hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said Party in said action. 4.4 When it is within its power to do so, each Party shall be individually responsible for the preservation and acquisition by dedication pursuant to Title 7, Divisions 1. and 2. of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. In the event that a Party fails to acquire these rights -of -way by the above - mentioned means after the route alignments for the Foothill and Eastern Transportation Corridors are established and accepted by the Agency, or fails to preserve such rights -of -way and property interests by the above mentioned means which were established by the County of Orange prior to such establishment and acceptance by the Agency, that Party shall compensate the Agency for all costs (including attorneys, fees) incurred by the Agency in acquiring said rights -of -way and property interests. V. �MMMRARMMAR4AM.Tel 5.1 Joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, financing, constructing, maintaining, repairing, managing, operating and controlling major thoroughfares and bridges in the San Joaquin Hill, Transportation Corridor or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when for any purpose otherwise permitted by law, the Board deems it appropriate. -12- 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above are formed, the chairman or his designate shall meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the planning, financing and construction activities of the various agencies. 5.3 Lending and Borrowing of Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and otherwise permitted by law, and serves the general purpose of improving transportation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to or from the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the Board Members. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on the loan. VI. BUDGET AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the Board Members, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts. All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the -13- term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board. 6.4 Expenditures Within Approved Annual Budget. All expenditures within the designations and limitations of the approved annual budget shall be made upon the approval of the Executive Director in accordance with the rules, policies and procedures adopted by the Board. Notwithstanding the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar property interests except upon the approval of not less than two - thirds (2/3) of the Board Members. No expenditures in excess of those budgeted shall be made without the approval of not less than two - thirds (2/3) of the Board Members to a revised and amended budget which may, from time to time, be submitted to the Board. 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each Party no later than fifteen (15) days after receipt of said audit by the Board. ►i #" SECURITIES 7.1 Securities. Upon the approval of the Board, the Parties, or the Agency, may participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or any other applicable legislation. Other than the fees specified herein, no funds of a Party shall be utilized as security or as a source for the payment or redemption of any securities of the Agency without the consent of the legislative body of that Party. -14- Upon the approval of not less than two - thirds (2/3) of the Board Members, the Agency may participate in the above - mentioned statutory powers for bond financing of the fees specified herein; provided, however, that the fees collected by any Party may be excluded as security for or as a source for such financing if the Board, upon the approval of not less than two- thirds (2/3) of its Members, so provides. VIII. L0 The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the Parties , unless expressly specified herein. 8.2 Hold Harmless and Indemnity. Each Party hereto agrees to indemnify and hold the Agency and the other Parties harmless from any liability for damages, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying Party or its employees. Where the Agency, the Board itself or its Members agents or employees are held liable for injuries to persons or property, each Party's liability for contribution or indemnity for such injuries shall be based proportionately upon the fees paid by of each Party. In the event of liability imposed upon any of the Parties or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the Parties in the performance of this Agreement, the contribution of the Party or Parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The Party or Parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the Agency and all other Parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. -15- WA knimnaM 1 W �Eft, K• 9.1 Admission of New Parties. It is recognized that public entities, other than the original Parties, may wish to participate in the Agency. Additional public entities may become Parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and upon the unanimous consent of the Parties evidenced by the execution of a written amendment to this Agreement, executed by all of the Parties, including the additional Party. 9.2 Withdrawal. It is fully anticipated that each Party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any Party, either voluntarily or involuntarily pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year; (ii) the fee program established by the Party pursuant to this Agreement, shall remain in effect for a period of at least four (4) years after the adoption and for any additional period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees, including by way of illustration, but not limitation, bonds which have been issued or authorized for issuance by the Agency, and letters of credit or other reimbursement obligations owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency; (iii) said withdrawal shall not relieve the Party of its proportionate share of any debts or other liabilities incurred by the Agency prior to the effective date of the Party's withdrawal, nor any liabilities imposed upon or incurred by the Party pursuant to this Agreement prior to the effective date of the Party's withdrawal; and (iv) said withdrawal shall result in the forfeiture of that Party's rights and claims relating to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. -16- X. TERMINATION AND DISPOSITION OF ASSETS 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof as provided in this Section 10.1 or until the Parties shall have mutually rescinded this Agreement; provided, however, that the Agency shall continue to exist for the purposes of: disposing of all claims, payment of debt service with respect to bonds which have been issued or which have been authorized for issuance and satisfaction of other covenants contained in the resolution and trust indenture relating to said bonds, reimbursement owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency and satisfaction of other covenants contained in reimbursement agreements with such financial institutions, establishment and collection of tolls and development fees, the maintenance of toll collection facilities and the facility in accordance with the California Department of Transportation, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall occur upon the written consent of all of the Parties, or upon the withdrawal from the Agency of a sufficient number of the Parties to leave less than eight Parties remaining in the Agency, or upon transfer of title to the corridor to the California Department of Transportation and full satisfaction of all outstanding financial obligations of the Agency, or upon transfer of title to the corridor to the California Department of Transportation and full satisfaction of all outstanding financial obligations of the Agency. However, no such termination shall occur until all reimbursement obligations owed to financial institutions securing bonds have been paid and all other financial and contractual obligations of the Agency have been satisfied. 10.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the Board shall determine with the objective of returning to each Party or former Party a proportionate share of the contributions -17- made to such properties by such Parties, less previous distributions , if any, provided however that said funds also shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each Party (excluding withdrawn Parties as provided in Section 9.2 hereof) a proportionate share of such funds equal to the percentage of the contribution made by each Party, less each Party's proportionate share of previous distributions , if any, provided that said funds shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. XI. 11.1 Amendments. This Agreement may be amended with the approval of not less than three - fourths (3/4) of all Parties; provided, however, that no amendment may be made which would adversely affect the interests of the owners of bonds, letters of credit or other financial obligations of the Agency. 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Parties, shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by any eight or more of the Parties enumerated in the introduction of this Agreement. Eno 11.4 Arbitration. Any controversy or claim between any two or more Parties , or between any such Party or Parties and the Agency, in respect to the Agency's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitration Association shall apply. The Party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Party and the Agency. Such notice shall designate as "respondents" such other Parties as the initiating Party intends to have bound by any award made therein. Any Party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other Parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA ", shall submit simultaneously to the initiating and to all Parties named as respondents or filing a response therein, an identical list of names and persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each Party to the dispute shall have seven (7) days from the mailing date in which to cross off any names indicating the order of his or her preference, and return the list to the AAA. If a Party does not return the list within such time period , all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbitrator from other members of the panel without the submission of any additional list. The arbitrator shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. -19- 11.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law. 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. 11.7 Assignment. The Parties shall not assign any rights or obligations under this Agreement without written consent of all other Parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. ATTEST: COUNTY Q7 ORANGE Clerk of the Board of s Supervisors By Chairman Board of Supervisors APPROVED AS TO FORM: County Cd .Vnsel -20- Dated OCT 14 1988 ATTEST: City Clerk City of Anaheim '. ,..-O FORM: .., ATTEST: City Clerk City of Irvine ATTEST: City Clerk City of Mission Viejo APPROVED AS TO FORM: City Attorney apau CITY OF ANAHEIM By ems+ h Mayor ,n11 Dated CITY OF By v Dated CITY OF MISSION VIEJO Mayor Dated /0< ` y ATTEST: CITY OF ORANGE Dated ®0 C2 ,j d P� ATTEST: CITY OF SANTA ANA City Clerk City of Santa Ana ATTEST: City Clerk City of San Clemente _22_ CITY OF SAN CLEMENTE By -0!iwj Mayor Dated ATTEST: City Clerk City of San Juan Capistrano ATTEST: City Clerk City of Tustin ATTEST: City Clerk City of Y By we F0 CITY OF SAN JUAN CAPISTRANO By,. .1- / May Dated C-'c_� e-v� CITY OF TUSTIN CITY OF YORBA LINDA 11m; y -23- Da MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Prepared by Environmental Management Agency Transportation /Flood Control Program Office July 1985 (Revised by Transportation Corridor Agencies September 1988) Exhibit "A" TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary 1 I Background 4 II Description of Corridor 5 III Corridor Planning 7 IV Estimated Costs 8 V Overall Financing 10 VI Area of Benefit 12 VII Description of Area of Benefit (AOB) 14 VIII Fees 21 IX Deferral of Fees 30 X Criteria for Collection of Fees 30 XI Development Exactions & Credits 31 XII Annual Fee Adjustment 34 XIII City Participation in Fee Program 35 -i- LIST OF EXHIBITS EXHIBIT NO. TITLE PAGE I ' Area of Benefit Index Map with City Boundaries 36 II Resolution 82 -598, Transportation Corridor Development Policy 37 -39 III Area of Influence for Corridor Users, San Joaquin Hills Transportation Corridor 40 IV Area of Influence for Corridor Users, Foothill /Eastern Transportation Corridors 41 V Area of Benefit, San Joaquin Hills Transportation Corridor 42 VI Area of Benefit, Foothill /Eastern Transportation Corridors 43 VII Fee Program Share of Total Corridor Cost, SJHTC 44 -45 VIII Fee Program Share of Total Corridor Cost, F /ETC 46 -47 IX Cost Per Trip End Analysis, SJHTC 48 X Cost Per Trip End Analysis, F /ETC 49 XI Daily Vehicle Trip Generation Rates 50 -51 -ii- LIST OF TABLES TABLE NO. TITLE IV -1 San Joaquin Hills Transportation Corridor Cost IV -2 Foothill /Eastern Transportation Corridor Cost VII -1 San Joaquin Hills AOB by Local Jurisdiction VII -2 Foothill /Eastern AOB by Local Jurisdiction VIII -1 Fee Program Share of Corridor Cost VIII -2 Adjusted AOB Trip Ends VIII -3 Fee Program Share by Land Use Category VIII -4 Area of Benefit Fees -iii- PAGE 10 10 15 19 23 25 26 27 MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Executive Summary It can no longer be expected that facilities such as the San Joaquin Hills Transportation Corridor ( SJHTC) AND Foothill /Eastern Transportation Corridors (F /ETC) can be fully funded from the traditional revenue sources used to construct southern California existing freeway network. Supplemental funding sources must therefore be developed if these important components of Orange County's transportation system are to be developed to provide relief to existing congested facilities and support orderly development within cities and unincorporated areas. Development fees represent a potential supplemental funding source. The development fee program is based upon Government Code Sections 50029, 66484.3 and California Constitution Article II, Section 7. The concept is furthermore based on the general principle that future development within prescribed benefit areas will benefit from the construction of the transportation facilities and should pay for them in proportion to projected corridor traffic demand attributable to the development. Future development within the benefit areas is expected to account for 48% of the cost of the SJHTC and F /ETC. The remaining cost of the corridors, representing benefits derived by existing development within the benefit areas and corridor users outside the benefit areas, is proposed to be funded through traditional transportation funding sources such as existing federal and state programs, and additional, non- traditional sources, such as toll resources. No assessment of existing developed property is proposed. Corridor usage projections for several hundred traffic analysis zones within the County were developed as a tool to assist in defining the proposed benefit areas. Traffic analysis zones with 4% or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features closely approximating the pattern were used to describe the boundaries of the benefit areas. Two fee zones within each Area of Benefit were established based upon direct use of the corridors. Traffic analysis zones with 8% or more of their total trip making utilizing the corridor were defined in the higher fee zone (A). The remainder of the zones were defined in the lower fee zone (B). Assessment of fees on a traffic related basis was determined to be equitable. Trip ends were selected as the least common denominator and fees were established by dividing the proportion of corridor cost attributable to each fee zone by the total number of projected daily trip ends within each fee zone. Adjustments were made to trip ends between neighborhood commercial and residential land uses to reflect the relative benefit of neighborhood commercial development to residences. Land uses were combined into three general land use categories (2 residential and 1 non - residential) for the purposes of applying fees to development projects. Presently, as of September 14, 1988, fees for each of the fee zones within the areas of benefit are: SJHTC Single Family Multi -Unit Non - Residential Residential Residential Zone A $ 1,372 /unit $ 799 /unit $ 1.84 /sf. Zone B $ 1,062 /unit $ 620 /unit $ 1.36 /sf. F /ETC Zone A $ 1,360 /unit $ 794 /unit $ 1.89 /sf. Zone B $ 967 /unit $ 563 /unit $ 1.10 /sf. Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of their fees by the Transportation Corridor Agency pursuant to approved plans, specifications and phasing of the Agency, or by agreements with Parties executed prior to the effective date of this First Amended and Restated Agreement. The amount of credit neither will be adjusted with subsequent revisions to the fee program nor will additional fees based upon such subsequent revisions be required once such credit is memorialized by agreement. This credit may be transferred in accordance with the provisions of Section XI to subsequent owners of the property from which the credits were generated. . Payment of fees for residential multi -unit rental projects may be deferred for a period of five years from issuance of a building permit. The developer must enter into an agreement to pay the fee in effect at the time payment is due and provide a security in the amount of the fee plus 15 %. Properties which are exempt from payment of property taxes will generally be exempt from payment of corridor fees. Governmental owned and constructed facilities and utilities will be exempt unless the facility is used for commercial or revenue generating purposes. -2- Portions of thirteen cities are included within the benefit areas for the SJHTC and F /ETC in addition to portions of the unincorporated County of Orange. The County may adopt a fee program only within the unincorporated areas. Participation by cities, therefore, is an important ingredient to a successful program that does not create inequities to property owners within differing jurisdictions. City and County cooperation is not only required in the adoption of a program and collection of fees, but should extend to decisions regarding expenditure of the funds. Joint Powers Agencies consisting of City and County members have been created to plan, design, finance, and construct the Corridors, and to determine the order of phasing of construction of corridor segments when developers are required to construct corridor improvements in lieu of payment of fees. All fees collected under this program will be deposited in accounts specifically for the transportation corridors to accomplish this purpose. -3- MAJOR THOROUGHFARE AND FOR SAN JOAQUIN HILLS AND TRANSPORTATION BRIDGE FEE PROGRAM FOOTHILL /EASTERN CORRIDORS Government Code Sections 50029 and 66484.3 permit the establishment of local ordinances to require payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares in Orange County. Pursuant to the above provisions of the Government Code, the Board of Supervisors adopted Section 7 -9 -316 of the Orange County Codified Ordinances providing for the establishment of major thoroughfare and bridge construction fees to be paid by subdividers and building permit applicants in the County of Orange. On April 21, 1982, the Board of Supervisors, by Resolution 82 -598, directed the Environmental Management Agency (EMA) to begin analyzing potential areas of benefits, and to proceed with the establishment of a fee program. The Board, furthermore, determined that developers of subdivisions which contain portions of any transportation corridor, would dedicate right -of -way, grade and construct necessary portions of the corridor and participate in any established corridor fee program. On February 15, 1983 the Board of Supervisors, by Resolution 83 -239, identified interim areas of impact for the San Joaquin Hills and Foothill /Eastern Transportation Corridors and directed EMA to require subdividers to enter into contracts to participate in corridor implementation pending establishment of a fee program. BEIM On January 30, 1984 the Orange County Planning Commission adopted Resolution No. 45 -83 recommending that the Board of Supervisors adopt Major Thoroughfare and Bridge Fee Programs for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridor. On October 3, 1984 the Board of Supervisors, by Resolution No. 84 -1462, adopted Areas of Benefit and Major Thoroughfare and Bridge fees within unincorporated Orange County for the San Joaquin Hills and Foothill /Eastern Transportation Corridors. Subsequent cooperative analyses of the fee program by Orange County, Orange County Transportation Commission, the Building Industry Association of Southern California, Orange County Region, and cities within these Areas of Benefit have lead to the Fee Program defined within this report, and the formation of the San Joaquin Hills Transportation Corridor Agency and the Eastern /Foothill Transportation Corridor Agency to implement such Fee Program and plan, design, finance and construct such corridors. The County and various cities within the Area of Benefit of the San Joaquin Hills and Foothill /Eastern Transportation Corridors formed two Joint Powers Agencies known as the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor Agency. Necessary ordinances and resolutions to effect the Fee Program have been adopted by all parties of the Agency, and such program is now being fully implemented. II. DESCRIPTION OF CORRIDOR A TRANSPORTATION CORRIDOR is a high- speed, high volume, access - controlled multimodal facility with a median of sufficient width to be utilized for transit considerations such as fixed rail or high- occupancy vehicles, and facilities necessary for collection of tolls. The corridors will provide for high speed movement of vehicular traffic where projected volumes exceed major arterial highway capacities. These routes will function similar to freeways and expressways and should eventually be incorporated into the State Highway System. They are, therefore, designed to meet minimum State and Federal standards. In addition to the need for major transportation corridors generated by existing development, the -5- relatively rapid growth and planned future development in Orange County also contributes directly to such need. Three such corridors (Foothill, Eastern and San Joaquin Hills) are included on the Master Plan of Arterial Highways (MPAH), and are a component of the Transportation Element of the Orange County General Plan_ Transportation corridors are depicted on the MPAH map as either conceptually proposed or established alignments. These facilities are part of a planned traffic circulation system necessary to support development of the County in accordance with existing General Plan Land Use Elements of the County and City Parties. These facilities will also relieve recurrent congestion on major arterials and freeways in Orange County. The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned as a high- speed, high capacity, access- controlled transportation facility to serve local and regional traffic and transit needs. Its alignment was established in 1979 as part of the MPAH and Transportation Element of the Orange County General Plan. That alignment includes the Corona del Mar Freeway (Route 73) in the Cities of Costa Mesa, Newport Beach and Irvine and extends southeasterly approximately 15 miles to join the San Diego Freeway (I -5) between Avery Parkway and Junipero Serra Road near the City of San Juan Capistrano (see Exhibit I). It will be designed to comport with scenic highway standards and provide approximately six to ten general purpose travel lanes, with a median of sufficient width to accommodate future high - occupancy vehicle (HOV) lanes and special transit facilities, if required in the future. The central segment of the corridor will carry the greatest amount of traffic because there are a limited number of alternative parallel highway facilities. Traffic volumes on the south end of the corridor are lowest along the route as a result of countywide traffic orientation, which is generally to the north. Access to the corridor will be limited to approximately 12 grade- separate interchanges with arterial highways as well as provisions for future additional interchanges with arterial highways plus provisions for future additional exclusive interchange ramps for HOV lanes. Additional bridges may be required as the corridors cross substantial canyons and water courses. The EASTERN TRANSPORTATION CORRIDOR is currently shown as a set of alternative preferred alignments and included in the Transportation Element of the Orange County General Plan. The preferred alternatives will be studied further as the environmental review process continues. The FOOTHILL TRANSPORTATION CORRIDOR is an established alignment between the Eastern Corridor and a point northerly of Ortega Highway and a conceptual alignment between that point and San Diego Freeway (I -5). As depicted on Exhibit I, the Eastern Transportation Corridor will intersect the Riverside Freeway (Route 91) between Weir Canyon Road and Gypsum Canyon Road extending southeasterly approximately 13 miles to a point southerly of the Santa Ana Freeway (I -5) in the Cities of Tustin and Irvine. The Foothill Transportation Corridor will originate at the Eastern Corridor between Santiago Canyon Road and Irvine Boulevard and extend southeasterly approx. 32 miles to the San Diego Freeway (I -5) below San Clemente in San Diego County. It is anticipated the Eastern corridor will be a landscaped, grade separated scenic corridor which includes approximately six general purpose travel lanes and the Foothill Corridor, a landscaped corridor which includes four to six general purpose travel lanes with medians or other areas wide enough to accommodate HOV /Special Transit requirements if necessary. Access to the corridor will be limited to grade - separated interchanges with arterial highways plus provisions for future exclusive interchange ramps for HOV lanes. III. CORRIDOR PLANNING The level of facility planned in this report will support currently adopted land use plans of the County and Cities surrounding the corridors. In the event the Cities and County subsequently amend their existing General Plan Land ilses Elements, particularly in areas serving the Foothill and Eastern Corridors, those facilities may require adjustments in lanes to accommodate that growth. It is intended that the fee adopted under this program will be reevaluated if an additional level -7- facility is needed to serve increased intensities planned in adopted land use Elements of their General Plan. In the event that such intensities are decreased, and reduction in the level of facility then is still feasible in view of rights of way then acquired, planning, design, engineering and construction then completed and financing commitments made, such fee also will be re- evaluated. The majority of the length of corridor alignments fall within relatively undeveloped areas of the County. Exceptions to this are either end of the San Joaquin Hills Transportation Corridor and the central segments of the Foothill /Eastern Transportation Corridors. Each corridor traverses areas of hilly terrain. A majority of the areas traversed by the corridors is zoned Planned Community with tentative tracts in various stages of approval. An alignment was selected by the Board of Supervisors for the San Joaquin Hills Transportation Corridor on November 28, 1979 and the northwesterly segment of the Foothill Corridor on May 25, 1983. More detailed engineering work is currently underway on the San Joaquin Hills Transportation Corridor to refine the selected alignment and determine right -of -way requirements. Similar detailed engineering is also in progress for the northwesterly segment of the Foothill Transportation Corridor. Alignment selection studies also are underway on the Eastern Corridor and the southerly end of the Foothill Corridor between about Oso Parkway and I -5. It is proposed that all corridors will eventually be added to the State Highway System. State legislation (AB 86) has been signed into law which redescribes State Route 73 (Corona Del Mar Freeway) to include the San Joaquin Hills Transportation Corridor. Legislation (SB 2048 and SB 2049), Chapters 1363 and 1364, respectively of the Statutes of 1988) also have been enacted which designates the Eastern and Foothill Transportation Corridors as State Routes 231 and 241, respectively. IV. ESTIMATED COSTS The construction costs include estimates for all corridor grading and general travel lane improvements including bridges, structural section, interchanges, partial landscaping, and arterial highway realignments dictated by the corridor alignments. The cost of grading general High - Occupancy Vehicle (HOV) lanes is included but not the cost of HOV structural section, bridges, median barriers or special access ramps. It is intended that implementation of any transit guideway or HOV facilities, if needed, would be provided from other funding sources. Other costs included for both Corridors includes engineering design, administration, construction inspection and right -of -way acquisition costs. It is proposed that developers will dedicate the majority of right -of -way for the transportation corridors. The cost estimate includes a cost for the portion of the right -of -way which would exceed a standard major arterial highway constructed along the corridor alignment excluding slope easements. The portion of right -of -way equivalent to a major arterial highway is excluded from the estimate to maintain a policy consistent with other arterial highway dedications. The cost of slope easements is excluded because of the wide variations between the natural terrain conditions and final development of adjacent lands, the inability to estimate the easement areas with certainty, and for consistency with existing arterial development policy. Right -of -way required to realign any intersecting arterial highway was also excluded from the cost estimate on the assumption that it will be dedicated in accordance with established development policy. The right -of -way to be included as art of the corridor cost was assumed to have a value of 50,000 /acre, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC) The cost of constructing the SJHTC to the standard of improvement as described in the previous section was based on the following estimates prepared for the County during the Phase II SJHTC study work, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. TABLE IV -1 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST Construction: $259,736,000 Engineering & Admin.: 38,960,000 Contingencies: 25,974,000 Right Of Way (in excess of Major Arterial Hwy.): 16.990.000 Total (for purposes of Fee Program): $341,660,000 B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS (F /ETC) The cost for constructing the Foothill /Eastern Transportation Corridors was estimated from information obtained from the Weir Canyon Park Road Study dated October, 1982, the Foothill Transportation Corridor Route Location Study dated December, 1982, and projection of costs from the San Joaquin Hills Transportation Corridor. Unit prices used in the cost estimates are considered to adequately estimate the cost in 1984 dollars. The original estimated costs, to be adjusted by the Agency in accordance with the California Construction Cost Index, are as follows: TABLE IV -2 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS COST Construction: Eng. & Admin.: Contingencies: Right Of Way (in excess of Major Art. Hwy Foothill $233,557,000 35,033,000 35,033,000 �eI Eastern $143,526,000 21,528,500 21,528,500 Total $377,083,000 56,561,500 56,561,500 Total (for purposes of Fee Program): $317,774,000 $198,373,000 $516,147,000 V. OVERALL FINANCING The Board of Supervisors has established a transportation corridor development policy (Exhibit II), also implemented by the Agency and all of its Parties, which defines the corridor implementation obligations of land —10— development projects, and as noted in Section I of this report has indicated its general intent to require all new development to bear a portion of the costs of the corridors by payment of development fees (Major Thoroughfare Fee). Funds from other more traditional sources (e.g., existing state and federal taxes on motor vehicle fuel) and from other non - traditional sources (e.g. toll revenues) will be sought for the portion of the cost not funded by development fees. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to correspond with the route of San Joaquin Hills Transportation Corridor. Similar legislation has been approved by the Legislature (SB 2048 and SB 2049) and is pending signature by the Governor to place the Foothill /Eastern Corridors in the State Highway System. The San Joaquin Hills Transportation Corridor also has been designated as the "first phase" of a federal pilot project authorized by HR2, Surface Transportation Act of 1986, thereby making it eligible for a maximum of 35% federal funding, if approved by the California Transportation Commission in its State Transportation Improvement Program (STIP). This Major Thoroughfare &, Bridge Fee Program focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. The statutes identified in Section I of this report which authorize the collection of development fees specify that an Area of Benefit (AOB) shall be established which encompasses real property, which will benefit from construction of the major thoroughfares and bridges. The method of determining the AOB and the share of total corridor costs proposed to be paid by new development in the form of fees is explained in Sections VI and VIII of this report. -11- VI The originally estimated corridor costs, subject to adjustment as previously stated, and the portions allocated to new development through the Major Thoroughfare and Bridge (MT&B) fee program are: New Development Approximate Total Cost Share of Cost % San Joaquin Hills: $341,660,000 $165,500,104 48.4% Foothill /Eastern: $516,147,000 $250,228,066 48.5% In accordance with current Agency policy, new developments within the path of the transportation corridors will be conditioned to dedicate right —of —way and grade the corridor within the boundaries of the development, construct arterial overcrossings for internal arterial highways and construct corridor travel lanes and interchange ramps required immediately for access to the development or for closure of short gaps in the transportation system. The estimated cost of these improvements including the estimated value of R/W dedication in excess of that required for a standard major arterial highway (excluding slope easements) will be considered as a credit against the required MT&B fees to the extent that these costs are included in the fee program. In order to establish an MT&B fee program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits or recordation of final maps to defray the cost of the major thoroughfares and bridges. Construction of the transportation corridors will provide key facilities to ensure that the County's transportation system is in balance with both existing and future land uses. The benefits, therefore, accrue not only to those properties which generate a high demand for use of the corridor but those which will benefit from less congestion and delay on the arterial highway and freeway system serving the property. Implementation of a balanced transportation system, including the corridors, will, furthermore, benefit undeveloped properties by allowing approval of land use to the level in County and City General Plans. —12— It is clear that both existing developed properties and undeveloped properties will benefit from construction of the transportation corridors. Development fees are proposed to finance a portion of the corridors proportional to the traffic demands, measured in trip ends, created by new growth. The portion of cost based upon existing trip ends represents the benefit to developed properties. Revenue for the cost allocated to existing development will be provided from public funding sources identified in Section V, "Overall Financing," of this report and, therefore, will not be assessed to individual properties. The methodology used to determine the AOB consisted of determining the influence the corridor had on trips made within the County. The analysis was cq� ducted with a system of computer programs known as UTPS— (Urban Transportation Planning Systems). The computer programs were tailored for specific Orange County application and are commonly known as the SOCCS?/ travel demand model. The model subdivides Orange County and portions of adjacent Los Angeles County into more than 500 traffic analysis zones (TAZ). The model estimates the number of person trips each TAZ generates based on socioeconomic variables such as population, employment, income and number of housing units. These trips are then distributed from each zone to all other zones by a well - established procedure. The model then determines how many of these person trips will travel by auto, and finally assigns these auto trips onto a highway network. The socioeconomic data used in the AOB analysis is from the San Joaquin Hills Transportation Corridor Study and the Foothill Transportation Corridor Study. Using the trip - making dq�a described above, a select link analysis (program UROAD ) was performed to determine the number of corridor related trip ends which originate in, or are l/ UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel demand. South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by EMA /Transportation Planning Division. 3/ UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment and analysis program. -13- destined for, each traffic analysis zone (TAZ). These corridor TAZ trip ends were used in conjunction with the total TAZ trip ends (arterial highways plus corridor) to compute the percentage of trip ends by TAZ which use the corridor. The resulting percentages were posted on TAZ maps in 2% increments (Exhibits III and IV). The influence area for each of the corridors is quite pronounced at the 4% and greater trip use level as shown on the exhibits. The pattern of corridor usage becomes erratic below the 4% level. The determination of the AOB for each of the transportation corridors was based primarily on the above corridor influence areas. However, the following additional criteria were used to supplement the percent of corridor use data to analyze relative benefits: 1. Corridor trip ends exceed 1.75 trip ends per gross acre of the TAZ. 2. Total corridor trip ends per TAZ exceed 2,000. 3. Trip end growth within each TAZ exceeds 45 %. 4. Perceived direct and indirect benefits to the transportation system. Identifiable physical and planned features closely approximating the pattern of corridor usage were used to describe the boundaries of the benefit areas. Within each Area of Benefit, some lands were judged to receive more benefit than others from the construction of the corridors. Developments which create relatively high demands for use of the corridors were placed in a different fee zone within the Area of Benefit than other developments with less direct use. The boundaries between the fee zones were determined utilizing the TAZ data on Exhibits III and IV. Traffic analysis zones where the percentage of corridor trip ends equals or exceeds 8% were defined as Zone A. Traffic analysis zones with less than 8% use were defined as Zone B. Zone A and B are depicted on Exhibit I. VII. DESCRIPTION OF AREA OF BENEFIT (AOB) The AOB's for the San Joaquin Hills and the combined Foothill /Eastern Corridors include both incorporated and unincorporated territory and generally encompass the southeasterly half of Orange County as illustrated on -14- Exhibit I. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR A more detailed map of the San Joaquin Hills Transportation Corridor AOB is shown on Exhibit V. This AOB contains approximately 122 square miles. All or portions of the following cities are within this AOB: TABLE VII -1 SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION City Area Included in AOB Costa Mesa Irvine Laguna Beach Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana City Subtotal Unincorporated Territory Total 3.2 sq. miles 22.2 5.6 (included in the "Unincorporated Territory" area) 8.3 3.8 8.2 2.8 54.1 68.3 (including the area within the newly incorporated City of Mission Viejo) 122.4 sq. miles The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of the City of Newport Beach at the Pacific Ocean; thence along said external boundary defined by annexation nos. 843, 64, 897, 84, and 585 to its intersection with an extension of Fifth Avenue; thence northwesterly along said extension to Fifth Avenue; thence northwesterly along the centerline of said Fifth Avenue to Coast Highway; thence northwesterly along the centerline of said Coast Highway to the crossing of the Upper Newport Bay; thence along a line northerly through said Upper Newport Bay to the point where the Santa Ana -Delhi Channel (Facility FO1) enters said Upper Newport Bay; thence along the centerline of Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence -15- westerly along the centerline of said University Drive to Santa Ana Avenue; thence northerly along the centerline of said Santa Ana Avenue to Corona Del Mar Freeway (State Route 73); thence northwesterly along the centerline of said Corona Del Mar Freeway to the San Diego Freeway (Interstate Route 405); thence westerly along the centerline of said San Diego Freeway to Harbor Blvd.; thence northerly along the centerline of said Harbor Blvd. to MacArthur Blvd.; thence easterly along the centerline of said MacArthur Blvd. to Main Street; thence northerly along the centerline of said Main Street to Dyer Road; thence easterly along the centerline of said Dyer Road to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Edinger Avenue; thence easterly along the centerline of said Edinger Avenue to the Newport -Costa Mesa Freeway (State Route 55); thence southeasterly along the centerline of said Newport -Costa Mesa Freeway to Warner Avenue; thence southeasterly along the centerline of said Warner Avenue to Red Hill Avenue; thence southwesterly along the centerline of said Red Hill Avenue to Alton Avenue; thence northwesterly along the centerline of said Alton Avenue to Newport -Costa Mesa Freeway; thence southwesterly along the centerline of said Newport -Costa Mesa Freeway to the San Diego Freeway (Interstate 405); thence southeasterly along the centerline of said Interstate 405 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the prolongation of the southerly boundary of Rancho Mission Viejo (approximately at Via Escolar); thence southeasterly along the Rancho Mission Viejo boundary line as described by Record of Survey 9/15 -18 to the easterly corner of Tract No. 6381; thence westerly along the southerly line of said Tract No. 6381 to the easterly boundary at Parcel Map No. 80 -851; thence southerly along said easterly boundary of Parcel Map No. 80 -851 to Rancho Viejo Road; thence southerly along the centerline of said Rancho Viejo Road to Ortega Highway; thence easterly along the centerline of said Ortega Highway to La Novia Avenue; thence southerly along the centerline of said La Novia Avenue and its proposed extension to Tentative Tract No. 11648; thence southerly along the easterly boundary of said Tentative Tract No. 11648 to the boundary of Tentative Tract No. 11832; thence southerly along the easterly boundary of said Tentative Tract No. 11832 to the northerly boundary of Tract No. 8087; thence easterly -16- and southerly along the boundary of said Tract No. 8087 to the boundary of Tract No. 9784; thence easterly along the northerly boundary of said Tract No. 9784 and the prolongation of said boundary to the boundary of the City of San Juan Capistrano; thence southeasterly along said city external boundary defined by Incorporation boundaries of April 19, 1961 and annexation nos. 105 and 24 and deannexation per City resolution 62- 11 -12 -2 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the Orange /San Diego County line; and thence southerly along said County line to the Pacific Ocean. Zone A is bounded on the south by the Pacific Ocean and is described as follows; Beginning at the intersection of the total Area of Benefit westerly boundary with the Pacific Ocean; thence along said total Area of Benefit boundary to Marguerite Avenue; thence northerly along the centerline of said Marguerite Avenue to San Joaquin Hills Road; thence easterly along the centerline of said San Joaquin Hills Road to Spyglass Hill Road; thence northerly along the centerline of said Spyglass Hill Road to San Miguel Drive; thence northerly along the centerline of said San Miguel Drive to Ford Road; thence northeasterly along the centerline of said Ford Road and its proposed northeasterly extension as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984, to Bonita Canyon Road; thence easterly along the centerline of said Bonita Canyon Road to the proposed southerly extension of Sand Canyon Avenue as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Sand Canyon Avenue to the westerly extension of Bake Parkway as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of said Bake Parkway to Laguna Canyon Road; thence southerly along the centerline of said Laguna Canyon Road to the proposed westerly extension of Santa Maria Avenue as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Santa Maria Avenue and Santa Maria Avenue to Moulton Parkway; thence southerly along the centerline of said Moulton Parkway; thence southerly -17- along the centerline of said Moulton Parkway to E1 Toro Road, thence northeasterly along the centerline of said E1 Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said E1 Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said Paseo de Valencia and its easterly prolongation to intersect Interstate 5 which is also the easterly boundary of the total Area of Benefit; thence southerly along said easterly boundary of the total Area of Benefit boundary to where it again intersects Interstate 5 in the vicinity of Camino Las Ramblas; thence northerly along the centerline of said Interstate 5 to San Juan Creek Road; thence westerly along the centerline of said San Juan Creek Road to Camino Capistrano; thence northerly along the centerline of said Camino Capistrano to Del Obispo Street; thence westerly along the centerline of said Del Obispo Street to Alipaz Street; thence southerly along the centerline of said Alipaz Street to Camino Del Avion; thence westerly along the centerline of said Camino Del Avion and its proposed westerly prolongation as shown on said Master Plan of Arterial Highways, to Crown Valley Parkway; thence southerly along the centerline of said Crown Valley Parkway to Monarch Bay Drive; thence southwesterly along Monarch Bay Drive and its southwesterly prolongation to the Pacific Ocean. Zone B is described by the total San Joaquin Hills Area of Benefit excluding Zone A as described above. B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS A single Area of Benefit was selected for the combined Foothill and Eastern Transportation Corridors because of corridor usage patterns. A more detailed map of the Foothill /Eastern Corridors AOB is shown on Exhibit VI. This AOB contains approximately 291 square miles. All or portions of the following cities are included in this AOB: _ls_ TABLE VII -2 FOOTHILL /EASTERN AOB BY LOCAL JURISDICTION Anaheim Irvine Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Villa Park Yorba Linda City Subtotal Unincorporated Territory Total F.T94.W494ur, 14.1 sq. miles 18.9 (included within the "Unincorporated Territory" area) 10.6 13.5 5.0 2.8 11.1 2.1 17,7 95.8 194.7 (including the area within the newly incorporated City of Mission Viejo) 290.5 sq. miles The AOB is bounded generally by the northerly boundary of the San Joaquin Hills Transportation Corridor AOB from the San Diego County Line to the intersection of the San Diego Freeway (State Route 405) and the Newport -Costa Mesa Freeway (State Route 55); thence northeasterly along the centerline of State Route 55 to Alton Avenue; thence southeasterly along the centerline of said Alton Avenue to Red Hill Avenue; thence northeasterly along the centerline of said Red Hill Avenue to Warner Avenue; thence northeasterly along the centerline of said Warner Avenue to State Route 55; thence northeasterly along the centerline of said State Route 55 to Edinger Avenue; thence westerly along the centerline of said Edinger Avenue to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Seventeenth Street; thence easterly along the centerline of said Seventeenth Street to State Route 55; thence northerly along the centerline of said State Route 55 to the Riverside Freeway (State Route 91); thence northwesterly along the centerline of said State Route 91 to Tustin Avenue; thence northerly along the centerline of said Tustin Avenue -19- to Jefferson Street; thence northerly along said Jefferson Street to the southerly city limits of Placentia; thence along the external boundary of said city limits defined by annexation nos. 69 -1, 76 -1, 71 -01, 65 -4, 63 -3, 6401, 65 -7, 63 -4, 63 -2, 64 -4, and 72 -2 to its intersection with Imperial Highway; Placentia to Imperial Highway; thence southwesterly along the centerline of said Imperial Highway to Valley View Avenue; thence northerly along the centerline of said Valley View Avenue and its prolongation to the southerly boundary of Chino Hills State Park; thence easterly along the southerly boundary of Chino Hills State Park to its intersection with the Orange /San Bernardino County line; thence southeasterly along the Orange County line to the boundary of the San Joaquin Hills Transportation Corridor Area of Benefit. Zone A begins at the Orange /San Bernardino County line where said County Line intersects the centerline of the proposed extension of La Palm Avenue as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984; thence westerly along the centerline of said proposed La Palma Avenue to the proposed extension of Gypsum Canyon Road as shown in said Master Plan of Arterial Highways; thence southerly along the centerline of said proposed Gypsum Canyon Road to the Riverside Freeway (State Route 91); thence westerly along the centerline of said State route 91 to the northwesterly prolongation of the easterly boundary of the Wallace Ranch as shown in Orange County Record of Survey 2 -5; thence southeasterly along said prolongation of the easterly boundary of the Wallace Ranch and continuing southeasterly along said easterly boundary to the northeasterly corner of the Oak Hills Ranch as shown in said Record of Survey 2 -5; thence southeasterly along the easterly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 and continuing southwesterly along the southerly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 to the proposed southerly extension of Weir Canyon Road as shown on said Master Plan of Arterial Highways; thence southerly along said Weir Canyon Road to the north boundary of Tentative Tract No. 13627 in the City of Tustin; thence southerly along the centerline of Jamboree Road within Tentative Tract No. 13627 to -20- Tustin Ranch Road; thence southerly along the centerline of Tustin Ranch Road within Tentative Tract No. 12870 to Irvine Boulevard, thence easterly along the centerline of said Irvine Boulevard to Sand Canyon Avenue; thence southerly along the centerline of said Sand Canyon Avenue to the proposed realignment of Trabuco Road as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of said proposed realignment of said Trabuco Road to the proposed northerly extension of Muirlands Boulevard; thence along said Muirlands Boulevard to the centerline of Alton Avenue, thence northerly along the centerline of said Alton Avenue to Jeronimo Road; thence easterly along the centerline of said Jeronimo Road to Bake Parkway; thence northerly along the centerline of said Bake Parkway to Trabuco Road; thence easterly along the centerline of said Trabuco Road to Impressa Street ; thence northerly along the centerline of said Impressa Street to Santa Margarita Parkway ; thence easterly along the centerline of said Santa Margarita Parkway to the proposed Antonio Parkway as shown on said Master Plan of Arterial Highways; thence southerly along the centerline of said Antonio Parkway to Ortega Highway; thence southwesterly along the centerline of said Ortega Highway to the proposed easterly extension of Avery Parkway as shown on said Master Plan of Arterial Highways; thence westerly along the centerline of said proposed extension and Avery Parkway to the Santa Ana Freeway where it intersects the common boundary between the Foothill /Eastern and the San Joaquin Hills AOBs; thence southeasterly along said common AOB boundary to the Orange /San Diego County line; thence northerly along the Orange County line to where it intersects the centerline of the proposed La Palma Avenue as shown on said Master Plan of Arterial Highways. Zone B is described by the total Foothill /Eastern Area of Benefit excluding Zone A as described above. VIII. FEES In order to establish a corridor fee, it is necessary to determine who is to pay the fee, the facility cost to be supported by fees and a basis or unit of measure for the fees. As has been previously stated, it is proposed that fees be paid by future development within the defined -21- Areas of Benefit in reasonable proportion to the benefit derived. The corridor facilities will, of course, also benefit existing development within the Areas of Benefit. The share of corridor cost attributable to benefits derived by existing development is proposed to be funded from other sources. A. Determination of Fee Program's Share of Corridor Cost The first step in calculating the fee program share of the corridor cost was to determine the percentage of corridor user trip ends that originate or end within the Area of Benefit which are attributable to new growth. Trip information derived from the SOCCS travel demand model was used for this analysis. This percentage was established as the developers share and multiplied by the total corridor cost to determine the fee program share of costs as shown in Table VIII -1. The fee program share of corridor cost was then separated into amounts representing direct and indirect benefits to the benefit zones (A & B Zones) based upon peak hour and non -peak hour travel characteristics. Approximately sixty -one percent4/ (61 %) of corridor trips are expected to occur during non -peak travel hours, thus representing a measure of the direct benefit from the corridors. Approximately thirty -nine percent- // of corridor trips are expected to occur during peak hours of travel, thus representing lessened congestion on the remaining transportation system. This system relief is defined as indirect benefit. The direct and indirect factors were used to identify the relative benefits between the A and B zones. The portion of fee program share representing direct benefit was divided between the A and B zones based upon the percentage of corridor user trips due to growth within each zone. The portion of developers share representing indirect benefit was distributed between the A and B zones based upon the percentage of total trip ends on the transportation system within each zone. The fees for the A and B Zones, therefore, include a measure of both direct and indirect benefits 4/ Caltrans, LARTS 1976 Urban Rural Survey. -22- received by each zone. Exhibits VII and VIII show the method in which these calculations were made. The fee program share of the original estimate of Corridor Cost shown below represents an estimate of the share attributable to new development. It is expected that this share may change as future revisions are made to the fees. TABLE VIII -1 FEE PROGRAM SHARE OF CORRIDOR COST Total Corridor Costs ($) SJHTC Zone A Zone B Total F /ETC Zone A Zone B Total $341,660,000 $516,147,000 B. Determination of Base Fee Developers Share M Share ($) 28.6% $ 97,856,775 19.8% $ 67.643.330 48.4% $165,500,105 25.8% $133,096,099 22.7% $117.131.975 48.5% $250,228,066 The cost attributable to future development must be reduced to a fee so that it may be apportioned in an equitable manner to specific types of development. Allocation of the cost on the basis of trip end generation by general land use category is proposed, where: cost apportioned to future development in the AOB zone cost /trip end trip end growth in the AOB zone —23— SJHTC F /ETC Zone A $97.856.774 $133.096.091 $74 /TE _ $80 /TE 1,321,160 1,665,922 Zone B 967.643.330 $117.131,975 1,462 093 = $46 /TE 2,730,730 = $43 /TE The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used in the calculation were derived from the EMA Trip Generation Rates, shown in Exhibit XI. The projected growth in dwelling units was taken from the respective San Joaquin Hills and Foothill Transportation Corridor studies. Projected growth in industrial /c2�mercial floor space was generated from MMTS II employment projections. C. FEE DISTRIBUTION Various land uses within the area of benefit have been grouped into three major categories for the purposes of distributing fees to individual developments. The three general categories used include residential single - family dwelling units, residential multi -unit dwellings, and non - residential land uses. The trip ends calculated for the non - residential land use category were a summation of more specific non - residential categories such as manufacturing, retail regional, neighborhood /community commercial, and office uses. The trip generation rates used to calculate the trip ends for each of these more specific non - residential land uses were averages of rates shown in Exhibit XI. Prior to the summation of the trip ends from each of the more specific non - residential land uses, an adjustment was made to the projected trip ends for neighborhood /community commercial land uses. This adjustment was an attempt to reflect the benefits to residential land uses 51 Employment projections adopted by the Orange County Transportation Commission. -24- which accrue from construction of neighborhood /community commercial development. Neighborhood /community commercial primarily benefits local residents by providing an opportunity to shop close to home. Many of the trip ends typically assigned to local retail uses are accounted for by these short trips arriving from and returning to residences. These residential- related trip ends actually provide savings in travel costs due to the short nature of the trip. Additionally, neighborhood /community commercial development tends to reduce energy consumption and traffic impacts. Residential land uses receive sufficient benefit from construction of neighborhood /community commercial development to distribute a portion of the trip ends attributable to neighborhood /community commercial development to residential land uses. For this reason, 60% of the trip ends attributable to neighborhood /community commercial development were reassigned to single family residential and multi -unit residential land uses as a measure of this increased benefit. The reassigned trip ends were split between single family and multi -unit residential land uses based upon their respective trip ends due to growth. The adjusted trip ends are as follows: Land Use Category TABLE VIII -2 ADJUSTED AOB TRIP ENDS Zone A Generated Adjusted Trig Ends Trip Ends SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone B Generated Adjusted Trip Ends Trip Ends Single Family Residential Units 379,452 557,635 139,368 254,936 Multi -Unit Residential Unit 193,956 285,053 240,723 440,312 Neighborhood /Community Commercial 448,800 179,520 525,262 210,105 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Single Family Residential 666,024 897,960 643,812 1,143,880 Multi -Unit Residential Units 160,377 216,238 248,906 442,221 Neighborhood /Community Commercial 479,662 191,865 1,155,638 462,255 -25- Once this adjustment was made, the fee program share of the total corridor cost for each of the three generalized land use categories was determined. The single- family residential and multi -unit residential share of the corridor cost was calculated first by multiplying the adjusted trip ends shown above by the appropriate cost per trip end as developed in Exhibits IX and X. The non - residential share of the corridor cost was calculated by using the difference between the total fee program share and the total residential share of the corridor cost. The fee program share of corridor cost by generalized categories is: TABLE VIII -3 FEE PROGRAM SHARE BY LAND USE CATEGORY Single Family Multi -Unit Total Residential Residential Non- Residential SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A $41,264,990 $21,093,922 $35,497,862 Zone B $11,727,056 $20,254,352 $35,661,922 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Zone A $71,836,800 $17,299,040 $43,960,251 Zone B $49,186,840 $19,015,503 $48,929,632 Developer's Share $ 97,856,774 $ 67,643,330 $133,096,091 $117,131,975 Once the fee program share of corridor cost by the three generalized land use categories was determined, a fee for each of these categories was determined by dividing each share by the appropriate number of residential units or areas of buildings, shown in Exhibits IX and X. Following is the final fee calculation for each of the three general land use categories for both A and B fee zones. -26- -27- TABLE VIII -4 AREA OF BENEFIT FEES Original Original Fee Original Rounded Current Land Use Calculation f3& fft f & SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A Single — family $41,264,990 + 31,621 units $1,305 /unit $1,305 /unit $1372 /unit Multi —unit $21,093,922 + 27,708 units $761 /unit $760 /unit $799 /unit Non — residential $35,497,862 + 20,021,185 sf $1.77 /sf $1.75 /sf $1.84 /sf Zone B Single family $11,727,056 + 11,614 units $1,010 /unit $1,010 /unit $1062 /unit Multi —unit $20,254,352 + 34,389 units $589 /unit $590 /unit $620 /unit Non— residential $35,661,922 + 27,700,559 sf $1.29 /sf $1.30 /sf $1.36 /sf Fee Original Rounded Current Land Use Calculation fgg Fee ff& FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Zone A Single — family $71,836,800 + 55,502 units $1,294 /unit $1,295 /unit $1360 /unit Multi —unit $17,299,040 + 22,911 units $755 /unit $755 /unit $794 /unit Non — residential $43,960,251 + 24,231,767 sf $1.81 /sf $1.80 /sf $1.89/sf Zone B Single— family $49,186,840 + 53,651 units $917 /unit $920 /unit $967 /unit Multi —unit $19,015,503 + 35,558 units $535 /unit $535 /unit $563 /unit Non — residential $48,929,632 + 46,616,669 fees $1.05 /sf $1.05 /sf $1.10 /sf -27- D. APPLICATION OF FEES When development fees are collected at the time of building permit issuance, the number of residential units or area of non - residential buildings will be known. The fees for each development will simply be calculated by multiplying the number of residential units or gross floor area of non - residential buildings times the appropriate land use category and the fee zone. Gross floor area shall be defined as total floor area including each floor of multiple story buildings within the outer footprint of the building as described on the building permit. Adjustments will not be made to traffic generation rates to reflect anomalies due to project design or other conditions. All land uses will be determined to be within the most appropriate of the three general land use categories. In the event an existing non - residential building is proposed to be expanded, the fee will be determined by the net increase of building area. If a non - residential building is converted to another non - residential use with no net increase in building area, no fees shall be required. Parking structures shall also be exempt from payment of fees since they do not generate a vehicular attraction in and of themselves. The following categories which receive exemptions from payment of property taxes will also be generally exempt from paying transportation corridor fees: (1) Church; (2) Religious; (3) College; (4) Welfare; (5) Wholly Exempt; (6) Other. The final determination of whether a property is exempt will be based upon verification of a property tax exemption for those specified categories on the latest Assessor's roll as defined for Orange County by the State of California. Government -owned facilities or utilities shall be exempt from payment of fees to the extent that the facilities will not be used for generating revenue or commercial purposes. Examples of exempt public uses are city halls, park buildings, and other public buildings. Privately owned utilities will not be exempt from payment of corridor fees. Notwithstanding property tax exemptions, governmental -owned or constructed facilities (including but not limited to counties, cities and redevelopment agencies) which will generate revenue or be leased for commercial purposes shall pay fees in accordance with the established fee schedules. Examples of this include the revenue generating portions of airports, train stations, stadiums, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the event construction of these facilities is an expansion of an existing use, the fee shall be determined based upon the net increase of building area. All disputes over application of fees to specific projects or disputes over exemptions of projects from fee requirements shall be presented to the Joint Powers Agency described in Section XIII of this report for resolution. Examples of fee calculations: 1. The fee for a development consisting of 100 single — family detached units, 300 condo units and 25,000 s.f. of office and Neighborhood Shopping Center uses, calculated upon original rates, would be: (100 D.U. x $1305 /D.U.) (300 D.U. x $760 /D.U.) (25,000 S.F. x $1.75 S.F Total fee for development if located in Zone A of SJHTC AOB Foothill /Eastern AOB (Zone B): (100 D.U. x 920 /D.U.) (300 D.U. x $535/D.U.) (25,000 S.F. x $1.05 /S.F.) Total fee for development if located in Zone B of Foothill/ Eastern AOB _ $ 130,500 _ $ 228,000 $ 43,750 $ 402.250 $ 92,000 $ 160,500 $ 26.250 $ 278.750 2. Total fee for reconstruction of a 10,000 s.f. office building to a 15,000 s.f. Neighborhood Shopping Center would be calculated as follows: —29— IX X San Joaquin Hills AOB (Zone B): (5,000 s.f. x $1.30 /s.f.) _ $ 6,500 Total fee for development if located in Zone A of SJHTC AOB = $ 6.500 Foothill /Eastern AOB (Zone A): (5,000 s.f. x $1.80 /s.f.) _ $ 91000 Total fee for development if located in Zone A of Foothill/ Eastern AOB = $ 9.000 Fees may be deferred by the Parties for residential multi -unit rental projects or projects which include State or Federal requirements to provide units affordable to families with incomes less than 80% of the median income (Section VIII housing). The deferral may be for a period of five years from the issuance of building permits or the period of the State /Federal funding requirements beginning upon issuance of the first building permit. The fees to be paid shall be those in effect at the time of payment and shall be secured by an agreement and renewable letter of credit held by an escrow company, or cash or time certificate of deposit in the amount of fees plus 15 percent in anticipation of inflationary increases. CRITERIA FOR COLLECTION OF FEES The enabling ordinance provides for collection of fees as a condition of final map approval or issuance of building permits. Fees shall be collected prior to issuance of all building permits for new residential structures and commercial /industrial structures which establish new and enlarged floor space. Fees will not be required for remodeling or reconstructing existing structures to the same number of residential dwelling units or equal commercial building area. Fees will not be required for construction of retaining walls, patio covers, swimming pools or other non inhabitable residential structures. -30- XI. DEVELOPMENT EXACTIONS & CREDITS Development projects containing portions of transportation corridors within their boundaries shall be required by condition of approval of the cities or county Parties to accomplish the following: 1. Dedicate right -of -way in accordance with schematic plans approved by the applicable Agency. 2. Grade corridor right -of -way in accordance with schematic plans approved by the applicable Agency and shown on the Tentative Tract Map and rough grading plans. Construct arterial overcrossings for internal arterials as determined by the applicable Agency. Width of overcrossing structure (i.e., number of travel lanes) is to be determined based upon vehicular and pedestrian traffic generated by the proposed project. 4. Construct corridor travel lanes and interchange ramps required immediately for access to proposed development or system continuity (closure or short gaps) in accordance with the corridor construction phasing plan adopted by the applicable Agency, or as otherwise approved by the applicable Agency. Number of lanes required is to be based upon traffic generated by proposed project. 5. Participate, among other designated beneficiaries, in the San Joaquin Hills or Foothill /Eastern Transportation Corridor fee program. Subdivision in which right -of -way, grading and improvements are required for the transportation corridors will be eligible for credit toward payment of the MT&B fees to the extent that the costs were included in development of the fee program. Except when otherwise provided by an agreement entered into by a Party prior to the effective date of this First Amended and Restated Agreement, whenever subdivision approvals are conditioned upon requirements to grade or improve portions of transportation corridors or dedicate right -of -way in excess of Major Arterial Highway Standards, and these costs exceed fees that would otherwise be due, the developer shall enter into an agreement with the applicable Agency and county or applicable city prior to -31- recordation of final tract or parcel maps to identify the difference in the dollar amount between the estimated costs of the grading, improvements, and /or right -of -way, and the calculated fees. Such agreements will establish the amount of reimbursement for which the developer is entitled. A developer shall be entitled to reimbursement after acceptance of improvements by the applicable Agency to the extent major thoroughfare and bridge fees are available for reimbursement after satisfaction of all other obligations of the applicable Agency for which major thoroughfare and bridge fees are required. Satisfaction of such reimbursement obligations, however, in the event funds used to construct corridor facilities in excess of fee obligations are derived from Assessment District or Mello -Roos Community Facilities District bonds shall be made to such districts in a manner which will reduce the amount of such bonds in proportion to the reimbursement payment made by Agency. Except for the initial issuance and sale of bonds by Agency, repayment of all existing reimbursement agreement obligations by Agency shall be funded by any subsequent bond issue and satisfied upon receipt of bond proceeds. If the estimated costs of the grading, improvements, and /or excess right of way are less than the calculated fee, a developer may relinquish credits in lieu of paying fees until credits are fully utilized with the remainder of the fee to be collected prior to issuance of building permits. In the event a developee conditioned to construct transportation corridors reimbursement agreements issuance of any building boundaries. at not requiring subdivision is or grade portions of the or dedicate right -of -way, shall be executed prior to permits within the project Developers will be allowed to apply credits earned on one project to another project within the same Area of Benefit owned by the same developer. In the event title to the land of a project changes, credits can be transferred to another developer with the title to the land upon written notification to the appropriate legislative body and applicable Agency that is a party to the reimbursement agreement. Credits will otherwise be non - transferable from one developer to another. Credits can be used for the purpose of reducing fees prior to completion and acceptance of grading, improvements or right -of -way dedication. However, except as otherwise provided herein no reimbursements shall be made until all ISPA! grading, improvements or dedication are completed and accepted by the Agency and funds are available for reimbursement as determined by the Agency. The guidelines for determination of fee credits are as follows: 1. General Credit for right -of -way dedication, grading, and other improvements will only be given to the extent that the cost of such right -of -way or improvements are included in the calculation of fees in the Major Thoroughfare and Bridge Fee Program. 2. Right -of -Way Credit will be given for right -of -way dedication at the rate of $50,000 per acre adjusted in accordance with the California Construction Cost Index, or comparable index selected by the Board, currently $52,546 per acre, except for slope easements and a 120- foot -wide strip along centerline of the transportation corridor which would normally be required for arterial highway dedication. 3. Grading Credit will be given for earthwork, road and slope drainage, buttressing, stabilization, hydroseeding and erosion control at the following combined rates: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Original /Current Corridor Segment Credit Rate Jamboree to Station 511+50 $149,784/$157,410 per acre road easement Station 511+50 to Moulton Parkway $124,132/130,452 per acre road easement Moulton Parkway to Paseo de Colinas $124,915/131,275 per acre road easement FOOTHILL /EASTERN TRANSPORTATION CORRIDOR Foothill /Eastern Corridor $137,060/$144,038 per acre road easement -33- The term road easement as used above includes the entire area within right -of -way (hinge point to hinge point) excluding slope and drainage easements. The credit values furthermore include percentages or work estimated for engineering, administration and contingencies for the respective transportation corridors. 4. Drainage Credit will be given for drainage structures in accordance with lengths of pipe and unit prices estimated as costs in the fee program or for as -built structures which the Director, EMA or his designee determine are reasonable equivalents of the structures in the fee program cost estimate. Unit prices for as -built drainage structures will be those used in the latest fee program cost estimate. Engineering and administration credit of 15% of the drainage structure credit will be added. Contingency credit of 10% of the drainage structure credit will be added. Terrace drains, downdrains and temporary drainage facilities or erosion control facilities are included in the average unit cost of grading. 5. Other Improvements Credit will be given for other improvements at the rate at which the improvement was estimated in the fee program plus 15% for engineering and administration plus 10% for contingencies. The credit rates specified above will be revised whenever the corridor costs estimates are revised for the purpose of adjusting fees. Once fee credits are established by an executed reimbursement agreement, no further adjustments will be made to those credits because of revisions to the corridor cost estimates or fee adjustments. XII. ANNUAL FEE ADJUSTMENT It is intended that annually the fee programs be automatically adjusted by the Agencies in accordance with the California Construction Cost Index, or other comparable index selected by the Board, and further adjusted by the Agencies to reflect updated project cost estimates, substantial -34- changes in general plan land use elements, or other pertinent information. In the event an annual evaluation of the fee programs causes fees to be reduced for any reason, reimbursements will not be considered for fees already paid. XIII. JOINT POWERS AGENCIES There are thirteen different cities within the proposed Areas of Benefit for the Foothill /Eastern and San Joaquin Hills Transportation Corridors. Joint Powers Agencies ( "Agencies ") consisting of City and County Parties have been formed for the purposes of planning, designing, financing and constructing the San Joaquin Hills and Foothill and Eastern Transportation Corridors. Fees collected by such Cities and the County will be deposited with the Agencies for such purposes. The Agencies will be responsible for administering fees collected under this fee program including any credits reimbursements called for in reimbursement agreements identified in Section XI of this report. -35- -36- all a €fit 1 2 EXNISIT II 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF 4 ORANGE COUNTY, CALIFORNIA 5 April 21, 1982 6 on motion of Supervisor Winder, duly seconded and carried, the 7 following Resolution was adopted: ! WHEREAS, development of lands is occurring which contributes 9 directly to the need for transportation corridors; and 10 WHEREAS, said development may obstruct future sight- cf- vayfor 11 the transportation corridors; and 12 WHEREAS, development benefitting from implementation of the 13 transportation corridors should contribute toward the cost generally 14 in proportion to the need generated; and eIS WHEREAS, right- of-way for the transportation should be protected s„ 16 as development occurs; and e; 17 WHEREAS. grading should be accomplished, whenever possible, in 18 conjunction with the grading and development of surrounding property; 19 and 20 WHEREAS, implementation of logical increments of the corridor 21 should occur in conjunction with the land development process whenever 22 the transportation needs of that development require those facilities 23 for access; and 21 WHEREAS, development policies for the implementation of the C 25 transportation corridor will provide a basis for planning of future s 26 development and serve as notice to the public as to the future 27 locations of the corridors; 1IG :dh Resolution Up. 92 -598 Development pol Corridors -37- I NOW, M.tCeORE, BE IT RESOLVED that as a condition of approval 2 of subdivisions containing within their boundaries portions of 3 transportation corridors shown on the Transportation Element of the 4 County General Plan the developer shall: s 1. Dedicate right- of-way to County. 6 2. Grade corridor sight -of -way in accordance with schematic 7 plans approved on the tentative map and rough grading plans approved by the Director, EMA. 9 3. Construct arterial overcrossings for internal arterials. 10 Width of overcrossing structure (i.e., number of travel lanes) is to 11 be determined based upon vehicular and pedestrian traffic generated 12 by the proposed project. 13 4• Construct corridor travel lanes and interchange ramps 14 required immediately for access to proposed development or system continuity (closure of short gaps). Humber of lanes required is to i NO " - :V 16 based upon traffic generated by proposed project. •`i ';: 17 5. Participate, among other designated beneficiaries, in any Y � IS established corridor development fee program. Costs incurred pursuer. 19 to conditions 2 through 4 shall be creditable against fees. Costs 20 incurred pursuant to Condition 1 shall be creditable against fees to 21 the extent that the develop=r=t nee program includes said right- of -wa; 22 cost - 23 BE IT FURTHER RESOLVED that EM is hereby directed to amend 24 appropriate sections of the Subdivision and Zoning Codes to implement 25 this policy. a 2 26 BE IT PURwn RESOLVED that EMA is hereby directed to incorporate 27 in General Plan amendment elements, zoning actions, area plans and 26 site plans recommendations appropriate for implementing this policy. -38- 1 bE IT rv;('AHSh KESULVED that EN.A is hereby directed to begin ( 2 analyzing Potential areas of benefit as an adjunct to the Orange Count 3 Orange County Transportation Commission Transportation Finance Study. r 4 BE IT FURTHER RESOLVED that affected cities be requested to adopt S similar policies. 6 BE IT FURTHER RESOLVED that MA is hereby directed to proceed 7 arpeditiously with the establishment of a fee z p ogram. 9 9 10 n u 13 14 J. W. 1S `yV 16 ♦ j 17 18 AYES: SUPERVISORS 8L9s?I1-77P M. WIEDER8 RALps 8. CLARK ' AND ROGER- R. 39 STANTON ' 20 NOES: SUPEP.VISOP,S Io= 21 ABSENT: SUPERVISORS BRUCE IMSTANDE AND THO.&%S F. RILEY 22 STATE OF CALIFORNIA 2 23 COUNTY OF ORANGE I. JUNE ALEXANDER, Clerk Of the board Of Supervisors of Orange County. Califorri 21 hereby certify that the above and foregoing Resolution was duly }�ntl rRgV.leriy adopted by the said board at a regular meeting thereof held on the 21st. d#0 Ay r April;.. 25 14 82 . and passed by a ssimous trots of said ar .ns present ; .r F 26 IN WITNESS WHEREOF. I have hernmto set My hand an a fbal this 21st ` dey of 27 1 . 19 82_. Z �s. IAN Clerk 014 "board of Suplrwienrs of Orange itokyt1j. Fit i forma -39- -40- to Z Co O � LL w Z G i LL 0 O O W cc � U S LL V i v ac t J J = La w O U m W w Z Q 4 Z 0 t O f. co a z Z 1— to Z Co O � LL w Z G i LL 0 O O W cc � U S LL V i v Nfill -41- Z F� QN W O O ir O O m O 0 Z P F6- O a N Z y F�l ME W 2 h co F- a W > > O � m Z G c LL m W O O u W Q ci d a ¢ a o G O W LL ui m W d W J ....4 eiwr• -kaa., -42- C 11�t �t �y b v.Wma taas i i w 6w �Y( -42- WMIEIT VII page 1 of 2 VE PROGRAM SHM OF TOTAL Co OWN CDRRIV T SAN JOAQ= RILLS TRANSPORT 2parcent corridor tE due to growth ` trip ends due to growth Total Tr1p Ends 2pecoent uocrider users tE by 3000 ` Total trip ends Or gone Summation of total trip ends 3peroent corridor wars It dus to growth ` percent TS due to growth t percent corridor users TE by sane VZ20 -19 -44- Outside Spy n� A tone E AM Corridor User Trips Mith One or Dot h Ends In Pone Trips beginning and ending in gone 27x109 58890 9,116 (Trips due to growth) 29,047 90811 22,195 (Total trips) zo/out 'Drips 60,145 25,834 49,798 (Trips due to growth) 78,820 35,345 69,894 (Total trips) act/In Trips 57.362 28,141 50,274 (Trips due to growth) 73,274 38,582 72,203 (Total trips) trip End Analysis 171,725 65,755 118,304 (Trip ends due to growth) 210,188 93,549 186,487 (Total trip ends) 1 to 81.701 70.29% 63.444 (percent corridor TE due growth)2 lone) 42.881 19.084 38.045 (percent corridor users TE by due to 3 35.031 13.411 24.13% (percent corridor users TE growth) 2parcent corridor tE due to growth ` trip ends due to growth Total Tr1p Ends 2pecoent uocrider users tE by 3000 ` Total trip ends Or gone Summation of total trip ends 3peroent corridor wars It dus to growth ` percent TS due to growth t percent corridor users TE by sane VZ20 -19 -44- r n 7 M s M s • I -45- � ® s a W a dP r I N w N • W N M N J O J W ♦ e e e e uNi m o°� e ♦ e N O r d i o m r R p O9 FA p $�9 6 N In • • •Au • R ^n er R R w • R r i M m / m R M R K N • Y K R r • W r N • r y p ��r.• N1r m N N G M a y1 • N O N O M O M M M N � N • O YY MN N / C ► O / M 10 YI ~ r N e Y O O O n •w �w w o 0 M® Np ♦i• / ► M q Op H O O H O M r Q r 0 Er r O N O a R R r G r el O / / N M N Y N tA N J {wj l V to .4 db W LM 0 O W N O w o w e r e W • N r J m 10 p W O W J r W M cc 0 N r• , -45- � ® s a W a dP r I N N M � b O N J O J W ♦ e e e e uNi m o°� e ♦ e N O r d i o Y N M N N N M V V • e O W w e ♦ ♦ N O N �► r r I♦ W M r ♦ ♦ e W W O N i 1`r� w 3 • • y in nC3 ■y W s ^ A M R R .e M s G s " M n0 ~ R pap S • A • n 0 n 1 h E! n nnp a' a a1 $a MIon W • CI N M4 y Z O� A 0 � � b e e N O r N N N M V V • e O W w e ♦ ♦ N O N �► r r I♦ W M r ♦ ♦ e W W O N i 1`r� w 3 • • y in nC3 ■y W s ^ A M R R .e M s G s " M n0 ~ R pap S • A • n 0 n 1 h E! n nnp a' a a1 $a MIon W • CI N M4 y Z O� A 0 =rBIT VIII page 1 of 2 PEE pRAMM SEEM OF TOTAL CORRIDOR COST TOOTHILL/ZhSTERN TRANSPORTATION CORRIDOR 1percent corridor TE due to growth - trip ends due to growth Total Wily, Ends Zpesoent corridor users TE by sons ` g�ation tri of todtal trip ends 3peroant corridor user '!E due to growth ` percent corridor ousers S TE by Bone V220 -19 -46- Outside %one A Zone B AOB Corridor User Trips With One or Both Ends in Zone Trips beginning and ending in sane 27,922 1,322 20,555 (Total due growth) 28,200 11.657 370307 s) (Total trips) ZA/Out Tripe (Trips due growth) 68,629 31,320 460004 64,217 88,512 s (Total trips) ) 80,763 out/In Trips (Trips due is growth) 75,449 33,648 45,760 55,069 79,696 (Total trips) 89,823 Trip Und AnalYsis (Trip ends due to growth) 1990922 83,512 115,076 160,396 242,822 (Total trip ends) 1 (percent corridor TE due to growth)2 226,986 18.08% 72.66% 66.05% (percent corridor users TE by Zone) due to 38.18% 34.18% 19.66% 14.30% 41.52% 27.42% (percent corridor mars TE growth)3 1percent corridor TE due to growth - trip ends due to growth Total Wily, Ends Zpesoent corridor users TE by sons ` g�ation tri of todtal trip ends 3peroant corridor user '!E due to growth ` percent corridor ousers S TE by Bone V220 -19 -46- 0 pMr+ M N r J ♦ p J N M N W ova ® r O W O V J O w N N w w ♦ w w �' e r r o M O m n • R •� N R Ia1 a i O R ■ :r h R � �p r w •i R K ■ n�y • tit s w r ii Op o R M • IP = M M en M M •p A w Vi-1 A r M ft e J « O M O r R q O ♦ �gj �►��T N O N � G N N pMr+ M N r J ♦ p J N M N W ova ® r O W O V J O w N N w w ♦ w w �' e r o m O n "•` T N � a i O R 8 R pp �p w •i Pn � b ■ n�y • tit N w �y A R w • np p •p A W w A r M ft K « o p r R N ♦ N N O N � G N N N J N g � K O O• . 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VEHICLE TRIP GVMRhTION RATES ORANGE COMM ENVIRCHMENTAL NANAMOM A=NCY August 1982 She following is a listing of vehicle trip generation rates used for planning purposes by the Environmental Management Agency. These rates bave been compiled from a variety of sources, including County conducted studies, and are deemed representative of land uses within orange County. •TE/Rsf• is an abbreviation for trip ends per thousand square feet of gross building floor area. •TE /Acre• refers to trip ands per developed acre. Land use TE/Kaf TE/Acre TE/Other �:�•,�r- ry:tii�� Light Industrial/Industrial Park 13 176 Warehouse S 62 MSIDn IAL Single Family Detached 12 TE/Du Single Family Detached Estate 15 TE/Du Multiple Unit (ApartMents. Condos) 7 TE/Du Mobile Some 5 TE/Du Retirement Community 4 TE/Du natal Motel assort Hotel (TRC uss) RECREATIONAL neighborbood Park stegional Park State Park Marina beach Golf Course Campground Tennis Club aaquetball Club aleeentary school Junior Nigh school Sigh School .junior College Church - Weekday Church — Sunday Library —50 26 19 44 42 � i S 1 47 60 s0 s0 60 135 310 10 TE/RCOm 9 TE/ROOm 18 TE/Room 4 TE/Serth 3S0 TE/1000' Shore S TE /Campsite 43 TE /Court 31 TE /Court 1.0 TE /Student o.9 TE /Student 1.4 TE /Student 1.5 TE /Student Z)MIBIT = Page 2 of 2 Land Use T8/14f TE/Acre TE/Other Hospital Nursing Some O"Ics General Office medical Office Research Center XMIL Discount store Rardware/Sosk Improvement Sbopping Center - Regional ( 30 Acres) sboppittg Center - Cmeunity (10-30 Acres) ;bopping Center - Neighborbood ( 10 Acres) Restaurant - Quality (i.e.# Velvet Turtle, Sungry Tiger, etc.) Restaurant - Sigh Turnover (le.p Sob's, Danny's, etc.) Restaurant - Past Food (i.e.p NacDonald'sp Carl's Jr.p etc.) Automobile Bales Service station Supersarket Convenience Narket stop i Go, etc.) Rank - Walk In Sank - Drive In Savings and Loan - Walk In savings and Loan - Drive In SRStdesDT20 -22 6/11/85 -51- is 200 14 TE/Sed 3 TE/Sed 15 240 75 10 40 65 So 550 so Soo 70 too 135 3250 110 350 too 400 325 850 ISO 195 65 75 750 TE /Station REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE OCTOBER TITLE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENTS FOR THE SAN JOAQUIN HILLS AND FOOTHILL/ M RECOMMENDED ACTION DATE OF COUNCIL ACTION ,1- 0--/ da (71-?k- 06306) C':to15/ OCT 3 IJ88 €�aiimrize�Phe ou�eY prepare and the 6ity- htt Mayor and Cto lerk W weggg agreemFant. /7 s CLERK OF ° T149COUNCIL Authorize the Mayor to execute the First Amended and Restated Joint Exercise of Powers Agreements for the San Joaquin Hills and Foothills /Eastern Transportation Corridor Agencies. CA -aE loo3i too A) EXECUTIVE SUMMARY The County of Orange, the City of Santa Ana and ten other cities that would benefit from the construction of the San Joaquin Hills and Foothills /Eastern Transportation Corridors are members of the Transportation Corridor Agency. At their September 15, 1988 board meeting, the.Directors of the Corridor Agency were notified by Counsel that there would be a request of each of the partici- pating agencies to review and execute the First Amended and Restated Exercise of Powers Agreements. One of the major changes to the Joint Powers Agreements is that the agreements now state that toll revenue financing is one of the legally feasible methods of additional financing for the Agency. Section 11.1 of the existing agreement, requires that not less than 3/4 of all parties must approve amendments to the agreement. The Board of the Agencies, after meeting on September 15, 1988 authorized distribution of the proposed amended agreements for their approval. The Public Works Agency has reviewed the amended Joint Powers Agreement and believes that changes are for clarification, to provide for toll road financing and are consistent with the basic principles of being a member of the Transportation Corridor Agencies. MEMORANDUM Jan Perkins TO: Deputy City Manager r� Date: September 30, 1988 David H. Grosse, Executive Dire lu From: Public Works Agengy _ Subject: FIRST AMENDED AND RESTATED 0TNT _ExF=sE OF pcwTzC arRFFMPnrr inn mrlp SAXT JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES STATEMENT OF THE ISSUE The County of Orange, the City of Santa Ana and ten other Orange County Cities that would benefit from the construction of the San Joaquin Hills and Foothill/ Eastern Transportation Corridors are members of the Transportation Corridor Agency. At their September 15, 1988 Board Meeting, the Directors of the San Joaquin Hills and Foothill/Eastern Transportation Corridors were notified by counsel that there would be a request by each of the participating agencies to review and execute the First Amended and Restated Joint Powers Agreement. This amendment is urgently needed by the October 13, 1988 Board Meeting to issue bonds to commence design of the three corridors. One of the major changes to the Joint Powers Agreement is that the amended agreement will state that toll revenue is one of the legally feasible methods of financing for the Agency. The agreements further acknowledge statutory author- ity relating to Caltrans' future maintenance of toll collection facilities. Other changes to the agreement include the addition of the City of Mission Viejo as one of its parties, the currently adjusted fee schedule for the thoroughfare and bridge fee program, a broadening of the power of the Board to appoint Ex- Officio members. This last provision will provide a means of including corri- dor communities which may become incorporated. Under the provisions of the existing agreements, 3/4 of all parties must approve the amendments. The amendments as reviewed by staff, more effectively establish the provisions of the Joint Powers Agreements between the cities that belong to the Agency. Therefore, the recommendation of staff is that the City Council authorize the Mayor to execute the revised Joint Exercise Powers Agreement for both the San Joaquin Hills and Foothills/Eastern Transportation Corridor Agencies. ALTERNATIVES CONSIDERED The alternative is not to approve the amendments to the agreement. This alter- native is not recommended since it would not enable the Agency to finance the facilities from toll road revenue. FISCAL IMPACT There is no direct fiscal impact on the City of Santa Ana. Authorize the Mayor to executive the First Amended and Restated Joint Exercise of Powers Agreement for the San Joaquin Hills and Foothill/Eastern Transporta- tion Corridor Agencies. David H. Grosse p DHG /GA/jr 01(1G(tifi`- ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Anaheim, Irvine, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed a Joint Exercise of Powers Agreement, as amended (the "Amended Agreement "), creating the Foothill /Eastern Transportation Corridor Agency (the "Agency "), which Amended Agreement became effective on October 9, 1986; and WHEREAS, by letter of May 4, 1988 to the Executive Director of the Agency, the City of Mission Viejo (the "City ") has formally requested admission as a party to the Agency; and WHEREAS, the incorporation of the City became effective on March 31, 1988, and the City is now eligible to become a full voting party to the Agency; and WHEREAS, the City has adopted Ordinance No. 88 -1, adopting the Major Thoroughfare and Bridge Fee Program, a copy of which is attached hereto as Exhibit "A," in accordance with Section 4.1 of the Amended Agreement; and WHEREAS, the City has also adopted Resolution No. 88 -32, establishing the areas of benefit and fees for such Major Thoroughfare and Bridge Fee Program, a copy of which is Lttached hereto as Exhibit '1B,11 in accordance with Section 4.1 of the Amended Agreement; and WHEREAS, pursuant to Section 9.1 of the Amended Agreement, the Board of the Agency has determined that the City may become a party to the Agency upon the terms and conditions set forth in the existing Amended Agreement; and WHEREAS, Section 9.1 of the Amended Agreement further provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a party. NOW, THEREFORE, the existing parties to the Amended Agreement hereby agree to admit the City as a party to the Agency, with all of the rights, duties, privileges and obligations as set forth in the Amended Agreement, as evidenced by the authorized execution below of this Addendum No. 1 to the Amended Agreement by the existing parties. BE IT FURTHER RESOLVED, that the City hereby agrees to be bound by the terms and conditions of the Amended Agreement, as evidenced by the authorized execution below of this Addendum No. l to the Amended Agreement by the City. ATTEST: Clerk of the Board of Supervisors By:- Date ATTEST: Clerk of City of Anaheim I. ATTEST: Clerk of City of Irvine By:_ Date -2- COUNTY OF ORANGE By: Chairman Board of Supervisors CITY OF ANAHEIM By: Mayor CITY OF IRVINE By: Mayor ATTEST: Clerk of City of Orange By: Dated ATTEST: Clerk of City of San Clemente By: Dated ATTEST: Clerk of City of San Juan Capistrano By: Dated ATTEST: Clerk of City of Santa Ana By: Dated BIB CITY OF ORANGE By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By. Mayor APPROVED AS TO FORM: By: City Attorney C I�:.G�' SANTA ANA By Mayor APPROVED AS TO FORM: By: City A torn y City Manager ATTEST: Clerk of City of Tustin By: Dat ATTEST: Clerk of City of Yorba Linda By:_ Dated ATTEST: Clerk of City of Mission Viejo By:- Date 0612s 6/15/88 -4- CITY OF TUSTIN By: _ Mayor CITY OF YORBA LINDA By: Mayor CITY OF MISSION VIEJO By: Mayor • j ORDINANCE No. 88 -1 AN URGENCY ORI2INANCE OF THE CITY OF MISSION VIEJO ADOPTING THE ORANGE COUNTY CODE AND OTHER RELEVANT NON - CODIFIED ORANGE COUNTY ORDINANCES AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS THE CITY; COUNCIL OF THE CITY OF MISSION VIEJO DOES ORDAIN AS FOLLOWS: 1. Pursuant to the Provisions of Section 57376 of the Government Code of the State of California, all ordinances of the county of Orange, codified in the Orange County Code, and all other ordinances of the County of Orange applicable thereto, are hereby adopted as ordinances of the City of Missio and n Viejo and shall remain in full force effect as City Ordinances for a period of one hundred twenty (120) days from the effective date of this ordinance, or until the City Council enacts ordinances superseding them, whichever shall first in time occur. SECTION 2. The following amendments are made to the Orange County Code and ordinances referenced therein: (a) Whenever "Board of Supervisors" or ",Board" is used.in the Code or ordinances, it shall mean the Mission Viejo City Council. (b) Whenever "County" is used in the Code or ordinances, it 'shall mean the geographical limits of the Cif of Mission Viejo unless a different geographical area is clearly indicated by the context. (c) Whenever "County ", "County of Orange" or "unincorporated territory of the County of orange" is used, it shall mean the City of Mission Viejo unless a different geographical area is clearly indicated by the context. SECTION 3. No city hundred twenty (120) days fry ordinance shall be deemed to referenced herein unless the refers thereto and state's an Ordinance enacted within one ym the effective date of this supersede any County ordinance City ordinance specifically intention to 'supersede it. EXHIBIT "A" SECIaON 4. This Ordinance is required by the Provisions of Section 57376 of the Government Code of the State of California upon incorporation of a new city,: This Ordinance is thereforenecessary for the protection of the Public health, welfare, and general safety and shall take effect immediately upon•its adoption, PASSED AND APPROVED this 31st day of March, 1988, MAYOR STATE OF CALIFORNIA COUNTY OF ORANGE as CITY OF MISSION.VIEJp } I, William 0. Mission Vi xallcy City Clerk of the City of ejo, do hereby certify that the foregoing Ordinance No, 88 -1 was duly adopted and passed at the First Meeting of the City Council on the 31st -day of March, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Crayeraft, Curtis, 3affe,.Keena, Murray 0 ABSENT: COUNCXLMEMBERs: 0 T. 1 hereby certify, under the penalty of perjury that the above and foregoing Is a true and correct copy of Ordinance ,yo, as adopted by the City Caunc�if of Mission VieJo, California on the eay of 19 _.0 , IVY J. MEL, CITY CLERK by: -2- ORDINANCE NO, 3334 AN ORDINANCE OFTHE COUNTY Or ORANGE, CALIFORNIA, AMENDING SECTION 7.9-316 OF THE CODIFIED ORDINANCES OF THE COUNTYOF ORANGE RELATING TO MAJOR THOROUGH FARES AND BRIDGE FEES The Board of supervisors of the County of Orangc, California, does ordain as follows SECTION 1. Section 7A -316 critic Cod ined Ordinances of the County of Orange Is amended to read as follower Sec 74-316. Major thoroughfare and bridge fee. A . Asubdivider fear, Asa condition ofapproval are final or parcel map, Or a building prmil applicant am a rPndJtl,,n of Issuance of o building Perm B. shall pay a fee as honingil" cstabHNhd m convoy ills rwatx of constructing bridges over waterways, call waYa, Dcowayr and canyons, or sonstrue0ng major thoruugararna It Definitions. Ill The term "construction" as used in this section Includes prulimin ary studies, deals,, x,cul0itm ofrightobwal, udminislru(fon of construe. tlon contracts, and arlual construction (2) The term "major thmnughlarc "hneane those roads designated its ways onhel Messer Plan or Arne, lot Highway%, tins C rrolxt v, Elunn'nllguf the General Plan The printery purpose of such roads is to rur.1 through traffic and provide a network runnpctinp In and Including Ilse Stute high wary system (3) "Bridge facilities" mean hose localians identified in the transpor tallon or nnod control provisions critic Circulation Element ur other ele. ment of the General Plan as requiring x bridge to span a waterway, a railway. freeway, or canyon (1) "Area ofbenenl" means u specified ore, wherein 11 has been dole. mined that the real properly located [net old will benefit front the ronstrur. Lion of a major Ihoroughfam or bridge project c The major horoughfary nr hndge Wciluym ustbt�,n inch dud IApply u clement of the Gen 0Call Plan adopted by' the Board of Sapervisors at luust thirty (30) days prior to the filing or map or application for a building permit and no Land located within the boundaries of the at of benont. d. Payment of fees Nha 11 not be rarptlrcit unless anv of sJaI (he rough Ares are In addition lo, or a widening 01 rernnsllvcton of. Any existing major thoroughfares serving Ihr area of the (lino of the adoption of the boundaries of the area ,fir hnn.m rn,en, m was a n a I I net t be I'o11aIrod unn vas any planned brfdge 1. is an original bridge sening the afro or on addition loan exixllM 1 facility all lug the area at the limrofihu adoption of the bnesdo rtes area of benefit. Action to establish an Arco ofboner, I maybe Intl ial Id bylhe Board of visors upon Its own motion or upon the rveommendalion f the Diree. adloume or special meeting The planning Comm ssmn'atramlmen aaumd neomadendatione and the Director. Eodronmenlxl Ma nogrment Agency's report shall it transmitted to the Bnurd of Supervisors. The Board of Supervisors will act a placer hearing for- Notice each proposed area bonefitted of the time and plate of sold hearing, including preliminary Inrnn motion related tothe boundoriesnflhc area orbencnt.esim aid costs and W method of fee apportionment, shall be glen by nisi class mull addres red to each owner as shown On the lost equalised assessment roll orproprr. V within the proposed area of benefit . g Of Al the public hearing Elie Bnurd O(SUpervnso's will consider the lBtiehony, written protests, And Other evidence At the conrlwion of the Public hearing the ROArd of Supervisors may, unless a majority written Protest is filed and not withdrawn as specified in aecliun g. 131, estah)ish an area of benefit, If erlabhshrd, Iho Board of SwPCrvi"ll" shall adept a resolution describinglhe boundaries mflhe an.. ofbcneni, se0ina forth the met. whether actual or estimated, and the method offeu apportionment. A ermined copy ofsuch resolution shall be recorded with he Cnuno Reeop der of the Orange County. (2) Such apportioned fees shall be applicable to all properly within the areaofbenenl and shall be payable B e con liliunohppr...I nfn anal mop. crass condition of isming a building pormil for such property or portions lberoof When the area of benefit includes I ands not subjecl to the payment Of fees pursuant (-this section. the Board of Supervisors 11,111 ma ko prori. sines for payment orlhe share of tmprooment cost appurlhmed In such lands rrom other sources. - (5) Written prnlest shall be recoled by l he Clerkorthe Boa rd ofSuper• vtsOn at any time prior to the rloso ufthe public hearing Rwrittenprolesls art flied by the owners of morn than Ono -1,A if of the arvn of this props Ivy to tot er ll 104A to by lhu prolessto less (halt onchalf f I" use fo..be benefited, then Ihr proposed proceedings shall ue Abe,. doned.and the Board nfSupervisonshail nil. Toone yard from Ifir filing df' laid Imp ove protests, commence or Carry on any proceedings for the sAme. Improvement undo lire provisions of this section, unless the protests arc Overruled by an dRrmalivc vole or faurfinhs of (his Board of Supt rvi eon. Any protests maybe withdrawn by the ownus making he same. In writing, at any time prior to the close of the public meeting. (a) If any mAJorilY protest is directed agnmhd Only A portion of the %eel oa to conscurl that portion of tthe Ilmprovnmonlhso profieNed agailrrsl shall be barred for a period nfume,vusr, bill Ibis Bnd,d ufSu nnvlNmr N i nil not be barred from commencing new proceedings not Inch, d)Cr lstypart of the Impmvemenl so protested against Such Proceedings shall be cam, . menced by a new notice and Public hearing as act forth In suh,,clion (n above (5) Nothing In this section shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new pro. ceedi ngs ror the Construction Oran improvement or portion of the Improve• men0 to protested %gal fill If It find, by the Affirmative vote Of four•nrlh of hr members that the owners of more than one +Half of the area f the property to be benefited am In favor fir going forwanl with such Improve. ment or portion thersor bridge facility Paid major thoroughfare section Nntl shall fund. shill beeestablished for Bch planned bridge facility project or each planned major thoroughfare project. If the area of benonl Is one In which more than one bridge or major thoroughfare IS required 11 be I ... inciedr a separate fund may be errsb. lishod covering allorhc bridge proJoclsormsJorthoroughfaresin the area of bane RI, Ifthe arse of benefit encompasses one or more holdups And ^n.A mass Ana vnorougmares, a single fund MAY be established to Account for fees paid Moneys in such fund shall be sxpanded solely for the construction or reimbwrse meat to, construction of The Board of Supervisors may approve the acceptance ofcondden• In lieu of the payment Of loos established herein. The Board of Supervisor% may approve the advancement of money the General Fund or Road Fund to pay the costa of constructing the 1vemenla covered herein and may reimburse the General Fund or Fund for such advances from planned bridge facility or major Iliac• are ELnds established pursuant to this section f f the subdivider B a condition of appro,,J Of theaubdivision or the Ing permit applicant is a condition or the Issuance of the building It, Is required or desires to construct A bridge or major thoroughfare, card of Supervisor. may enter into a. reimbursement agreement with rbdfvidor or building . permit applicant Such agroemem may prgvlde kvments to the subdivider or appllrim from the bridge facility or thoroughfare farad covering that specific Project to reimburse the v lit., n.o n1i.....I r <___.•__ .... thoroughfare fund covers mars than One project; reimbursement, or halljbe made on a pro rate bade renechng the arlual or estimated coati of the Projects covered by lac Nnit. SECTION 2. This Ordinance shall take effect and be In full force thirty (30) days from and arise Its Passage and; before the expiration f RRcon (161 days aver the passage thereof, shell be published once In the Saddleback Valley News, a newspaper published In The County of Orange, State of .California, together with the name, of the members of the Board of Super• visors voting for or sgairial the same. Chairman or the Bard of Supervisors SIGNED AND CERTIFIED THAT A COPY of Orange. county, California OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. ROBERTS (SEAL) Clark Of the Board of Supervisors County of Orange, California. STATE OF CALIFORNIA I Its. COUNTY OF ORANGE. 1 i, LINDA b ROBERTS, Clerk . of the Board of Supervisors, do hereby Certify that at A regular 1111112 of the Board of Supervisors of Orange Dounly,.Callfomla, hold on the 20th day of August, 1065, the foregoljsg . ordinance contain inglwo gr sections was passed and adoplad by the follow Ing vote: AYES: SUPERVISORS RALPH D. CLARK HARRIETT M. WEEDER, ROGER It STANTON, BRUCE NESTANDB AND THOMAS. F. RILEY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE IN WITNESS WHEREOF, I have hereunto let my hand and affixed the Official seal or the Board or Supervisors or the County of Orange. Stale of California, this 2011, day of August, 1005. (SEAL) LINDA D ROBERTS Clerk of the Board of Supervisors of STATE OF CALIFORNIA 1 Orange County, California I If COUNTY OF ORANGE 1 1. LINDA D. ROBERTS.. Clerk orhe Hoard of Supervisors, do hereby certify that at regular meeting or the Board of Supervhoe of Orange County, Ostrom a. held on the 10th day OfSepumtler, 1006, the foregoing ordinance containing two . (2) sections was paned and readopted by the following vale: AYES:., SUPERVISORS THUMAS F. RILEY. ROGER R. STANTON, HARRIETT M. WEEDER. BRUCE NESTANDE AND RALPH H. CLARK NOES: SUPERVISORS NONE ABSENT: SUPERVISOR'S NONE IN WITNESS WHEREOF, I have hereunto rat mynanu and affixed the official real otthe. Board of Supervisors of the County of Orange, State of CplfoinIa. this 1011, day of Be Ole mber,10M (SEAL,) LINDA D ROBERTS Clerk of the Board of Soporid on of Published: Saddleback Valley News Orange County, Callfornls September 11, INS #0310 RESOLUTION NO. 88-'32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSION VIEJO ESTABLISHING THE AREAS OF BENEFIT, THE ESTIMATED COSTS, AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR WHEREASr California Government Code Section 65984.3 authorizes the Board of Supervisors of the County of Orange and the city councils of cities within the County of Orange to require, by ordinance, the payment of a fee as a condi- tion of approval of a final map or as a condition, of issuing a building permit for the purposes of defraying the actual or estimated cost of constructing bridges and /or major thoroughfares; and WHEREAS, the Board of Supervisors of the County of Orange has adopted Ordinance No. 35:34 , requiring payment of such fees; and WHEREAS, after duly noticed public hearings, the Board of Supervisors of the County of Orange established areas of benefit and a program for the apportionment of feest and WHEREAS, the City of Mission Viejo has, pursuant to Government Code Section 57376(a), adopted change County Ordinance No. 3534 and WHEREAS, in order to fully participate in the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor, Mission Viejo must establish areas of benefit, the estimated Cost -s, and a program for the apportionment of fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The boundaries of the areas of benefit shall be as described in the document dated July 1985 entitled "Major Thoroughfare and Bridge Fee Program for the Ban Joaquin Hills Transportation Corridor and the Foothill /Eastern 'Transportation Corridors" ( "Program ") EXHIBIT "B" attached hereto as Exhibit "A" and incorporated by reference herein. SECTION 2. The estimated cost of these major thoroughfares and bridges are as follows: San Joaquin Hills Transportation Corridor $3 45,213,000.00 Foothill /Eastern Transportation Corridors $52105161000.00 The Program is presently designed to collect 48.4% of the cost of construction of the San Joaquin Hills Transportation Corridor and 48.5% of the cost of construction of the Foothill /Eastern Transportation Corridors. SECTION 3. The fees for development within the areas of benefit are based on the trip ends generated by the development as determined from the Trip Generation Tables included in the Program and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for nonresidential projects) as followat SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Rounded Zone A Fee Fee Single- family residential $1,31,9 /unit $1,320 /unit Multi -unit residential $ 768 /unit $ 770 /unit Non- reiidential $1.77 sq.ft. $1.75 /sq.ft. ' Zone _.B Rounded Fee Few Single - family residential $1,02.1 /unit $1,020 /unit Multi -unit residential $ 596 /unit $ 595 /unit Non - residential $1.31 sq.ft. $1.30 sq.ft. -2- POOTHIL.,EA5TERN TRANSPORTATION CL AIDOR Rounded zone A Fee Fee._- - Single- family residential $1,308 /unit $1,310 /unit multi -unit residential $ 763 /unit $ 760 /unit Non - residential $1.82 /sq.ft. $1.80 sq.ft. Rounded Zone 8 Fee Fee Single- family residential $ 930 /unit $ 930 /unit Multi -unit residential $ 541 /unit $ 540 /unit Non - residential $1.06 sq.ft. $1.05 /sq.ft. SECTION 4. An automatic adjustment of the fees, based upon the Construction Cost Index, &hall be made each fiscal year. An 0djustment of the fee based upon updated project cost estimates or other changed conditions shall be made in lieu of the Annual Cost Index Adjustment when necessary. SECTION 5. The collection of the fee shall be a condition of issuance of a building permit as described in the Program. The payment of fees may be deferred for all residential rental projects or projects which include State or federal requirements to provide units affordable to families with incomes lees than 80% of the median income for those time periods and subject to those terms and conditions met forth in Section IX of the Program. Fee credits shall be granted for dedications and work performed for the corridors as set forth in Section IX of the program. SECTION 6. Upon the effective data Of City's execution of the "Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency" and the "Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" ( "Agreements "), the City shall remit 611 fast calieotad pursuant to the Program to the Joint Powers Agencies created y said Agreements pursuant to the germs and conditions of said Agreements. After execution of said Agreements, any person agggrieved byy a decision of the City regarding the amount of any corridor fee imposed or fee credit granted may appeal the decision of the City to the San Joaquin Hills Transportation Corridor Agency or the Foothill,/Eastern Transportation Corridor Agency, where appropriate, which decision shall be final. -3- SECTION The City Clerk shall :, ttify the adoption'of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of may ' ; , 1988. MAY Norman P. Murray I HEREBY CERTIFY that the foregoing Resolution was duly.adopted by the City Council of the City of Mission Vieiio at a regularly scheduled meeting thereof, held pn the 24 day of May "., 1988, by the following vote Of the Council: AYES: COUNCILMEMBERS Crayeraft, Curtis, Joffe, Ksana, Murray NOES: COUNCILMEMBERS 0 0 ABSENT: COUNCILMEMBERS -4— CITY CLER William 0. Tallay i r 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL July 5, 1988 AGENDA DATE TITLE ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION RECOMMENDED ACTION DATE OF COUNCIL ACTION JUL 5 1988 Authorized the City Attomey to prepare and the Gierk execute agreement. � -14 ,✓T7 �_ n CLERK OF THE COUNCIL Approve Addendum No. 1 to Joint Exercise of Powers Agreement creating the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. EXECUTIVE SUMMARY The County of Orange, the City of Santa Ana, and nine other cities that would benefit from the construction of the San Joaquin Hills and Foothill /Eastern Transportation Corridors are members of the Transportation Corridor Agency. Recently, the City of Mission Viejo incorporated and has formally requested admission as a party to the Agency. In order to become a member of the Agency, the City of Mission Viejo has adopted an ordinance which adopts the Agency's Major Thoroughfare and Bridge Fee Program. Pursuant to the Joint Powers Agreement, the Board of the Transportation Corridor Agency has determined that the City of Mission Viejo meets the terms and conditions set forth in the Agreement to become a party to the Agency. First, however, there must be unanimous consent of all existing parties. Addendum No. 1 to the Joint Exercise of Powers of Agreement, when executed by all parties, will admit the City of Mission Viejo as a member of the San Joaquin and Eastern /Foothill Transportation Corridor Agency. 15 6 MEMORANDUM � 3oc David Ream, City Manager La David Grosse, Executive Director From: Public Works Agency Subject: JOAQUIN HILLS AND STATEMENT OF THE ISSUE Date: June 20, 1988 TERN TRANSPORTATION CORRIDOR The County of Orange, the City of Santa Ana, and nine other Orange County cities that would benefit from the construction of the San Joaquin Hills and Foothill /Eastern Transportation Corridors created the Transportation Corridor Agencies through a joint powers agreement. Recently, the newly incorporated city of Mission Viejo requested admission as a party to the San Joaquin and Foothill /Eastern Transportation Corridor Agency. As a condition of admission to the Agency, a city must adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program. The City of Mission Viejo has satisfied that condition by adopting such a fee program. At the July 14, 1988 Agency meeting, a representative from the City of Mission Viejo is scheduled to be formally installed as a member of the Agency. In order for Mission Viejo to become a member of the Agency, there must be unanimous consent of each existing party. Each of the member agencies must approve Addendum No. 1 to the Agreement to admit the City of Mission Viejo as a party. Staff recommends approval of the admission of Mission Viejo as a member of the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. ALTERNATIVES CONSIDERED The alternative is not to approve Addendum No. 1 accepting the City of Mission Viejo as a member of the Agencies. This alternative is not recommended since the Agency would not receive funding that is needed to construct the Corridors in a timely manner. FISCAL IMPACT Admission of the City of Mission Viejo to the Agencies will ensure that the City of Mission Viejo pay its fair share in the construction of the Transportation Corridors. There is no direct fiscal impact on the City of Santa Ana. RECOMMENDATION Approve Addendum No. 1 to Joint Exercise of Powers Agreement creating the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. avid . Gros. DHG /GA /am 157 JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY TABLE OF CONTENTS IV CONTRIBUTIONS . ............................... 14 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Members...... 14 4.2 Annual Review of Fees ................... 15 4.3 Payment .. ............................... 16 4.4 Compensation of Agency for Acquisition of Rights -of- Way............ 17 V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES ...................... 18 5.1 Joint Action with Other Agencies........ 18 5.2 Communications Between Corridor Agencies . ............................... 18 5.3 Lending and Borrowing of Funds Between Agencies ........................ 18 (i) Page RECITALS ............. ............................... 1 I DEFINITIONS .... 6 ............................. 3 II PURPOSE AND POWERS ........................... 5 2.1 Agency Created .......................... 5 2.2 Purpose of the Agreement; Common Powers to be Exercised .................. 5 2.3 Powers ... ............................... 6 III ORGANIZATION .. ............................... 8 3.1 Membership .............................. 8 3.2 Names .... ............................... 8 3.3 Board of Directors ...................... 8 3.4 Principal Office ........................ 10 3.5 Meetings . ............................... 10 3.6 Ouorum ... ............................... 11 3.7 Powers and Limitations Thereon.......... 11 3.8 Minutes .. ............................... 11 3.9 Rules .... ............................... 11 33.10 Vote or Assent of Parties ............... 11 3.11 Officers . ............................... 12 3.12 Committees .............................. 13 3.13 Additional Officers and Employees....... 13 3.14 Bonding Requirement ..................... 13 3.15 Status of Officers and Employees........ 14 IV CONTRIBUTIONS . ............................... 14 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Members...... 14 4.2 Annual Review of Fees ................... 15 4.3 Payment .. ............................... 16 4.4 Compensation of Agency for Acquisition of Rights -of- Way............ 17 V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES ...................... 18 5.1 Joint Action with Other Agencies........ 18 5.2 Communications Between Corridor Agencies . ............................... 18 5.3 Lending and Borrowing of Funds Between Agencies ........................ 18 (i) VI BUDGETS AND DISBURSEMENTS .................... 19 6.1 Annual Budget ........................... 19 6.2 Disbursements ........................... 19 6.3 Accounts . ............................... 19 6.4 Expenditures Within Approved Annual Budget... ............................... 20 6.5 Audit .... ............................... 20 6.6 Reimbursement of Funds .................. 20 VII SECURITIES .... ............................... 21 7.1 Securities .............................. 21 VIII LIABILITIES ... ............................... 21 8.1 Liabilities ............................. 21 8.2 Hold Harmless and Indemnity ............. 21 IX ADMISSION AND WITHDRAWAL OF PARTIES.......... 22 9.1 Admission of New Parties ................ 22 9.2 Withdrawal .............................. 23 X TERMINATION AND DISPOSITION OF ASSETS........ 24 10.1 Termination.... * ..... **,*,,, ............ 24 10.2 Distribution of Property and Funds...... 24 XI MISCELLANEOUS . ............................... 25 11.1 Amendments .............................. 25 11.2 Notice ... ............................... 25 11.3 Effective Date .......................... 26 11.4 Arbitration ............................. 26 11.5 Partial Invalidity ...................... 28 11.6 Successors .............................. 28 11.7 Assignment .............................. 28 11.8 Execution ............................... 29 (ii) JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY THIS AGREEMENT is made and entered into as of the 3C�k day of 1986, by and between five or more of the following public agencies: (a) County (b) City of (c) City of (d) City of (e) City of (f) City of (g) City of (h) City of (i) City of :)f Orange Anaheim Irvine Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda R E C I T A L S: A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The parties to this Agreement have territory within or related to those areas known as the Foothill and Eastern Transportation Corridors and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the Foothill and Eastern Trans- portation Corridors. The parties hereto have the common power to conduct such transportation planning, financing and construction. C. It has been determined by the parties hereto that it is in the best interests of the respective parties to join together to administer the funds provided by these fee pro- grams, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the parties is authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. E. The parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or con- trolled by the parties hereto. F. The parties hereto recognize that, in order to serve the purposes stated herein, additional funding other -2- , than that received from the above - described fees must be obtained. Each party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt financing, assessment districts, special legislation, Arteri- al Highway Financing program funds and other forms of govern- mental grants -in -aid. G. The parties hereto recognize that in accordance with the principles of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. H. It is anticipated by the parties hereto that the public agency created pursuant to this Agreement shall termi- nate upon the effective date of the inclusion of the trans- portation facilities constructed pursuant to this Agreement in the California State Highway System, as defined and governed by Division 1 of the Streets and Highways Code. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I DEFINITIONS For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this Joint Exercise of Powers Agreement. -3- b. "Agency" means the FOOTHILL /EASTERN TRANSPOR- TATION CORRIDOR AGENCY formed pursuant to this Agreement. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board" means the governing body of the Agency. e. "Ex Officio Members" mean Board members who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. f. "Executive Director" means the chief operating employee selected by the Board to manage the day -to -day activities of the Agency. The Executive Director shall not be an employee of any individual member of the Agency. g. "Fiscal Year" means July 1st to and including the following June 30th. h. "Members" or "Board Members" mean those per- sons serving as members of the Board or their alter- nates. i. "Party" means each of the parties which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, includ- ing any public entity executing an addendum of the original agreement as hereinafter provided. j. "Quarter" means July 1st to and including September 30th, October 1st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. II PURPOSE AND POWERS 2.1 Agency Created. There is hereby created a public entity to be known as the "FOOTHILL /EASTERN - TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provi- sions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement; Common Powers to be Exer- cised. Each member has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform, to the technical standards of the California -5- Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA), whenever possible. The purpose of this Agreement is to jointly exer- cise the foregoing common powers to undertake such studies and planning relative to the Foothill and Eastern Transporta- tion Corridors as may be necessary to establish areas of benefit, to recommend to its members the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by those members pursuant to Government Code Section 66484.3 and to fund, plan, acquire, construct, maintain, repair, manage, operate and control the major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. Board planning policy shall" respond to those memoranda of understanding and various minute orders and policy state- ments adopted by each party to this Agreement, attached hereto collectively as Exhibit "A" and incorporated by reference herein. 2.3 Powers. The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of its members in studying and planning ways and means to provide for the design, financing, and constructing of the Foothill and Eastern Transportation Corridors; b. To make and enter into contracts; c. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, main- tain, and operate any buildings, works, or improvements; f. To acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale; g. To incur debts, liabilities, or obligations subject to limitations herein set forth; h. To receive gifts, contributions and donations of property, funds, services and other forms of finan- cial assistance from persons, firms, corporations and any governmental entity; i. To sue and be sued in its own name; j. To apply for an appropriate grant or grants under any federal, state, or local programs for assis- tance in developing any of its programs; k. To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency; and 1. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. -7- III ORGANIZATION 3.1 Membership. The parties. to the Agency shall be each public entity which has executed or hereafter executes this Agree- ment, or any addenda, amendment, or supplement thereto, and which has not, pursuant to the provisions hereof, withdrawn therefrom. 3.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "B" attach- ed hereto, as amended or supplemented from time to time. 3.3 Board of Directors. a. The Board of Directors shall consist of the following: (i) one voting member from each of the fol- lowing entities which have become members of the Agency pursuant to Section 3.1 above: the cities of Anaheim, Irvine, Orange, San Clemente, Santa Ana, San Juan Capistrano, Tustin, and Yorba Linda. (ii) two voting members from the County of Orange (in the event that the County of Orange becomes a member of the Agency pursuant to Section 3.1 above), said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Dis- tricts, or their alternates. (iii) one ex officio member representing the California Department of Transportation and one ex offi- cio member representing the Orange County Transportation Commission. The .Board may, from time to time appoint additional ex officio members. b. Except for ex officio members, each member of the Board shall be a current member of the legislative body such member represents. C. Each participating member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents with the exception of the alternates to the members representing the County of Orange. The name of the alternate member shall be on file with the Board. An alternate member shall assume all rights and duties of the absent member. d. Each member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a succes- sor is named. Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents. e. A board member shall receive only such compen- sation . from the Agency for his services as may be -9- approved by not less than two- thirds (2/3) of the members of the Board. f. A board member may be reimbursed for expenses incurred by such member in the conduct of the business of the Agency. 3.4 Principal Office. The principal office of the Agency shall be estab- lished by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary under this section but shall not be considered an amendment to this Agreement. 3.5 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Sections 54950 et seq., as it may be amended. -10- 3.6 Ouorum. Not less than two- thirds of the members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. 3.7 Powers and Limitations Thereon. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the parties as herein set forth. Unless otherwise provided herein, each member or participating alternate shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Agency. 3.8 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular, and special meetings of the Board, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto. 3.9 Rules. The Board may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement. 3.10 Vote or Assent of Parties. The vote, assent, or approval of parties in any matter requiring such vote, assent or approval hereunder -11- shall be evidenced by a certified copy of the action of the governing body of such party filed with the Agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 3.11 Officers. There shall be selected from the membership of the Board, a chairman and a vice chairman. The Board shall appoint a secretary who may be a member. The Board shall appoint an officer or employee of the Board or an officer or employee of a member public agency to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers of, and shall perform the treasurer and auditor functions for, the Agency and perform those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subse- quent amendments thereto. The chairman, vice chairman, and secretary shall hold office for a period of one year commencing July lst of each and every fiscal year; provided, however, the first chairman, vice chairman, and secretary appointed shall hold office from the date of appointment to June 30th of the ensu- ing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Board may also be an officer, employee, or agent of any of the members. The -12- appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.12 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings of the Agency shall be open to all members. 3.13 Additional Officers and Employees. The Board shall have the power to appoint such additional officers and to employ such employees and assist- ants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 3.14 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be the members of the Board, the treasurer, the auditor, and any other officers or persons to be designated or empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obliga- tions provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable -13- to the coverage required herein shall be appropriate expenses of the Agency. 3.15 Status of Officers and Employees. All of the privileges and immunities from liabil- ity, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective func- tions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by rea- son of their employment by the Board, to be employed by any of the members or, by reason of their employment by the Board, to be subject to any of the requirements of such members. IV CONTRIBUTIONS 4.1 Imposition of Major Thoroughfare and Bridge Con- struction Fee by Parties. On or before the effective date of this Agreement (or in the case of a new party, on or before that party becomes signatory to this Agreement), each party shall require by ordinance or resolution the payment of a fee as a condition of issuing building permits, for the purposes of defraying the actual or estimated cost of constructing major -14- thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thorough- fare and Bridge Fee. Program For the San Joaquin Hills Transportation Corridor and Foothill /Eastern Transportation Corridors," attached hereto as Exhibit "C" and incorporated by reference herein. The imposition of said fee by each party shall be a condition precedent to that party's par- ticipation in the Agency. 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above - described fee program and may, upon approval of not less than two thirds (2/3) of its members, modify the fee to be imposed by the parties hereto. The legislative body of each party shall impose said revised fee within one hundred twenty (120) days, and if a party fails to impose said fees, repeals the enabling ordinance or fee requirement, or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforemen- tioned time period, whichever is sooner, such action shall be deemed the withdrawal of that party from the Agency, subject to the conditions specified in Section 9.2 below. When the total amount of fees collected by the Agency pursuant to this Article has exceeded fifty percent (50%) of the estimated total cost for the projects to be con- -15- strutted pursuant to this Agreement, the Board, upon the approval of not less than two thirds (2/3) of its members, may extinguish the obligations of the parties to remit said fees to the Agency or, in the alternative, may restrict the future obligations of the parties to remit said fees to the Agency to an amount to be determined by the Board. 4.3 Payment. Each party agrees to contribute said fees to the Agency in quarterly payments. In addition, the Board, upon approval of not less than two - thirds (2/3) of its members, may assess each party of the Agency an amount in excess of the amount of said fees collected by that party in order to meet overhead and other administrative expenses specified in the annual budget. For the purposes of this Agreement, the "contribution" of each party shall include the corridor fees imposed pursuant to this Agreement, any excess amounts assessed to the party by the Board, and any voluntary contri- butions made to the Agency by the party. The contribution of each party of the Agency specified herein shall be due and payable sixty (60) days after receipt of billing therefore from the Agency. The Board may authorize an audit of any party to determine whether said contributions accurately reflect each party's obligations under this Agreement. Unpaid contributions shall bear interest at a rate to be determined by the Board. In the event that any party fails to remit said contributions to -16- the Agency, said failure may be deemed by the Board to be a withdrawal of that party from the Agency. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a party hereto regarding the appropriate amount of the assessment to the Agency, which decision shall be final. In the event that any party hereto becomes a party to litigation regarding the legality of the fee program, or the fees imposed pursuant to the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said party in said action. 4.4 Compensation of Agency for Acquisition of Rights - of -Way. When it is within its power to do so, each party shall be individually responsible for the acquisition by dedication pursuant to Title 7, Division 2 of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. In the event that a party fails to acquire these rights -of -way by the above - mentioned means after the route alignments for the Eastern and Foothill Transportation Corridors are established and accepted by the Agency, that party shall compensate the Agency for all costs (including attorneys' fees) incurred by the Agency in acquir- ing said property interests. -17- V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action. with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, constructing, maintaining, repair- ing, managing, operating and controlling major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when it is deemed appropriate. 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above are formed, the chairman or his designate shall meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the plan- ning, financing and construction activities of the various agencies. 5.3 Lending and Borrowing of Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and the general purpose of improving transpor- tation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the members of the Board. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on.the loan. VI BUDGETS AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the members of the Board, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts. All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with general accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be report- ed to the Board. -19- 6.4 Expenditures Within Approved Annual Budget. All expenditures within the designations and limi- tations of the approved annual budget shall be made upon the approval of a majority of the members of the Board. Notwith- standing the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar prop- erty interests except upon the approval of not less than two thirds (2/3) of the members of the Board. No expenditures in excess of those budgeted shall be made without the approval of not less than two thirds (2/3) of the members of the Board to a revised or amended budget which may, from time to time, be submitted to the Board. 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public account- ant and copies of such audit report shall be filed with the County Auditor, State Controller and each party to the Agency no later than fifteen (15) days after receipt of said audit by the Board. 6.6 Reimbursement of Funds. Grant funds received by the Agency from any fed- eral, state, or local agency to pay for budgeted expenditures for which the Agency has received all or a portion of said funds from the parties hereto shall be paid to said parties in proportion to the contributions made by each party. -20- VII SECURITIES 7.1 Securities. Upon the approval of the Board, one or more parties of the Agency may jointly participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or any other appli- cable legislation. Other than the fees specified herein, no funds of a party to this Agreement shall be utilized as security or as a source for the payment or redemption of any securities, without the consent of the legislative body of that party. VIII LIABILITIES 8.1 Liabilities. The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the parties to this Agreement, unless expressly specified herein. 8.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or result- -21- ing from negligent acts or omissions of the indemnifying party or its employees. Where the Board itself or its agents or employees are held liable for injuries to persons or prop- erty, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for per- sonal injury or property damage arising out of the perform- ance of this Agreement. 00:1 ADMISSION AND WITHDRAWAL OF PARTIES. 9.1 Admission of New Parties. It is recognized that public entities, other than the original parties, may wish to participate in the Agency. Additional public entities may become parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and the -22- unanimous consent of each existing party to the Agency, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties including the additional party. 9.2 Withdrawal. It is fully anticipated that each party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any party, either voluntary or involuntary pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year; (ii) the fee program established by the party pursuant to this Agreement shall remain in effect for a period of at least four (4) years after its adoption and for any addition- al period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees; (iii) said withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incur- red by the Agency prior to the effective date of the party's withdrawal, nor any liabilities imposed upon or incurred by the party pursuant to this Agreement prior to the effective date of the withdrawal; and (iv) said withdrawal shall result in the forfeiture of that party's rights and claims relating -23- to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. E3 TERMINATION AND DISPOSITION OF ASSETS 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that the Agency and this Agreement shall continue to exist for the purposes of: disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall be accomplished by written con- sent of all of the parties, or shall occur upon the with- drawal from the Agency of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in the Agency, or shall occur upon the effective date of the inclusion of the transporta- tion facilities constructed pursuant to this Agreement in the California State Highway System as defined and governed by Division 1 of the Streets and Highways Code. 10.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the -24- Board shall determine with the objective of returning to each party or former party a proportionate return on the contri- butions made to such properties by such parties, less pre- vious returns, if any, provided that said property interests shall be utilized to construct major arterial transportation facilities which accomplish the purposes of the Foothill/ Eastern Transportation Corridors, to the extent legally pos- sible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obliga- tions shall be disposed of by returning to each party a pro- portionate share of such funds equal to the percentage of the contribution made by each party, less each party's propor- tionate share of expenditures, if any, provided that said funds shall be expended to construct major arterial transpor- tation facilities which accomplish the purposes of the Foothill /Eastern Transportation Corridors, to the extent legally possible. XI MISCELLANEOUS 11.1 Amendments. This Agreement may be amended with the approval of not less than three - fourths (3/4) of all members. 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post -25- Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "B ", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective and the Agency shall exist at such time as this Agreement has been executed by any five or more of the public agencies enumerated herein. 11.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and the Agency, in respect to the Agency's opera- tions, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this contract, or any breach thereof, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitra- tion Association shall apply. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and the Agency. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to -26- join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its inten- tion to join in and to be bound by the results of the arbi- tration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA ", shall submit simultaneously to the initiating party and to all parties named as respondents or filing a response there- in, an identical list of names of persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each party to the dispute shall have seven (7) days from the mailing date in which to cross off any names to which he or she objects, number the remaining names indicating the order of his or her preference, and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbi- -27- trator from other of any additional The arb ter in accordance the Code of Civil 11.5 Partial members of the panel without the submission list. itrator shall proceed to arbitrate the mat- with the provisions of Title 9 of Part 3 of Procedure. Invaliditv. If any one or more of the terms, provisions, sec- tions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provi- sions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. MW-M 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 11.7 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. ATTEST: COUNTY OF�ORANGE Clerk of the Board of Supervisors Dated DEC 1 1'98 ATTEST: itl(/�)I: City,Clerk �,''tity of Anaheim Dated - -` -29- unairman Board of Supervisors CITY OF ANAHEIM By Mayor ATTEST: City Clerk City of Irvine m Dated ATTEST: City Clerk City of Orange ;Dated i{ Citji' >C e�k City of San Clemente /11 ""AR ATTEST: City Clerk City of San Juan Capistrano By Mary An Hanover Dated April 1.5. 198(, -30- CITY OF IRVINE By Mayor CITY OF SAN CLEMENTE Mayor • AS TO FORM: 0 ATTEST: City Clerk City of Santa Ana By Dated ATTEST: City Clerk City of Tustin By Dated � �4 2 'ATTEST CCity Clerk ity of Yorba Linda By Data .alb -31- CITY kaj OFSA NTA ANA By Mayor r CITY & Vtg WN �,�r i/ CITY OF YORBA LINDA 3-MAMOW10 film EXHIBIT "A" (Memoranda of Understanding of Signatory Agencies) EXHIBIT "B" (List of Member Names and Addresses) EXHIBIT "C" (Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Cor- ridor) REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE TITLE El v January 6, 19a ADOPTION OF FEE PROGRAM FOR EASTERN /FOOTHILL AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDORS PUBLIC SERVICES AGENCY 6 CITY MANAGER RECOMMENDED ACTION DATE OF� COUNCIL ACTION /- (o (� - /�� It is recommended that the City Council: VLCnl Vr IIC VV V1.VIL (1) Conduct a public hearing for the Enabling Ordinance for the Road Fee Program. (2) Approve a Negative Declaration to establish development fees for' funding construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. �p aS (3) Adopt an ordinance adding a section to the Municipal Code adopting a Major Thoroughfare and Bridge Fee Program. \Q- 5 (4) Approve a resolution establishing the areas of benefit and Major Thoroughfare and Bridge Fee Programs for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. cao (N— w- -l5) Approve a Joint Powers Agreement for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. 00023'7 EXECUTIVE SUMMARY For more than a year, Santa Ana's City Council and administrative staff have been working with the County of orange, orange County Transportation Commission staff and representatives from other cities to develop a Major Thoroughfare and Bridge Fee Program. The program will provide an organized framework for the orderly financing, design and construction of the Eastern, Foothill, and San Joaquin Hills Transportation Corridors. on December 2, 1985 the City Council set January 6, 1986 as the public hearing to consider adoption of the proposed Fee Program. The proposed fee schedule for each of the corridors consists of the following one -time fee upon issuance of a building permit: Proposed Fee Program San Joaquin Hills Eastern /Foothill Single family $1,010 $920 Multi- residence $ 590 $535 Non - residence $1.30 per sq. feet $1.05 per sq. feet The Joint Powers Agreement requires annual review and permits potential modification of the proposed fees. The administration recommends adoption of the proposed fee program since Santa Ana would significantly benefit from the proposed transportation corridors. �i k! NloRANDUM �� Ali fR Rex Swanson, Deputy City Manager Development Date: December 17, 1985 Dave H. Grosse, Exec. Dir.G nta „Ill; Public Services Agency ,ubject:CORRIDOR FEE PROGRAM FOR EASTERN, FOOTHILL AND SAN JOA UIN HILLS TRANSPORTATION CORRIDORS. STATEMENT OF THE ISSUE Santa Ana's City Council and administrative staff have been working with representatives from affected cities, the County of Orange, and Orange County Transportation Commission staff in the establishment of a Regional Funding Program for the proposed Eastern, Foothill, and San Joaquin Hills Transportation Corridor. Our participation has assisted in the development of Memoranda of Understanding, Adoption Ordinances, and a Joint Powers Agreement, as well as the Fee Schedule for development in these corridors. The purpose of the Fee Program is to provide an organized framework to assist in the orderly financing, design and construction of these three corridors. This effort has resulted in consensus documents prepared among affected agency representatives as well as a Joint Powers Agreement designed to create Eastern/Foothill and San Joaquin Hills Transportation Corridor Agencies. Each Agency will provide for a shared decision - making process to balance both local and regional transportation concerns. The Agencies will oversee and make decisions on financing, design and construction of the corridors. Each participating governmental agency will be empowered to appoint a City Council member and alternate to the Board of Directors excepting the County of Orange, which will be empowered to appoint two voting members. To becone a participant, the City must adopt a Fee Program in those amounts specified in the "Major Thoroughfare and Bridge Fee Program" documents (enclosed). . In order to establish a Major Thorough and Bridge (MT & B) Fee Program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits to defray the costs of the major thoroughfares and bridges. Areas of Benefit have been divided into two zones. Zone "A" which receives greater benefit will pay a higher fee than Zone "B ". The ACB's in the City of Santa Ana are all in Zone "B ". A description of the A0B for the Eastern/Foothill and San Joaquin Hills Corridors are shown in the MT &B documents. 000247 7 51) W The fees for each of the corridors are noted below: Single family Multi- residence Non- residence Proposed Fee Program San Joaquin Hills $1,010 $ 590 $ 1.30 square feet M Eastern /Foothill $920 $535 $1.05 square feet The Joint Power Agreement requires annual review and provides for potential modification of the proposed fees. The notification sent to property owners within the AOB for each corridor clearly indicated that the proposed Fee Program affects only new development and that the Fee Program does not affect existing homes, existing commercial or industrial buildings. Additionally, building permits for residential remodeling, addition or reconstruction are exempt. The Program fees would be collected upon issuance of building permit. If the City Council adopts the MT & B Fee Program, the second reading of the ordinance would be held on January 20, 1986 and fee collection would begin on March 1, 1986. Each of the local governmental agencies in the Eastern and Foothill Corridor which include the County of orange and the Cities of Anaheim, Yorba Linda, Orange, Tustin, Irvine, San Juan Capistrano and San Clemente have adopted the MT & B Fee Program. For the San Joaquin Hills Transportation Corridor, the County of orange, and the Cities of Irvine, Newport Beach, and San Juan Capistrano have adopted MT &B Fee Program. The City of Costa Mesa has set January 20, 1986 for its public hearing while Laguna Beach has yet to schedule the hearing date. As demonstrated, the Corridor Fee Program has now been adopted by the majority of the Cities and the County of Orange. Fees are now being collected as implementing ordinances take effect. The City of Irvine, which has been a pivotal participant due to vocal opposition in that camiunity, has taken Council action to implement the program. Irvine will participate unless prohibited through judicial decree or a referendum. The total costs for the corridors and the portion proposed to be allocated to new development through the MT &B Fee Program are: New Development Approximate Total Share of Costs 8 San Joaquin Hills $341,660,000 $165,500,104 48.4 Foothill /Eastern $516,147,000 $250,228,066 48.5 i 000245 51 ALTERNATIVES CONSIDERED W Since it can no longer be anticipated that state and federal funds can fully construct proposed corridors, new development must provide partial funding. Without these development fees, important regional transportation facilities cannot be constructed. The proposed Fee Program and Joint Powers Agreements provide an equitable way to implement these corridors. Although these corridors will not be constructed in the City of Santa Ana, it will benefit the large employment centers such as the Santa Fe Land Development. The new corridors will relieve congestion on existing transportation facilities as well as providing new travel routes. ACTION: It is recommended that the City Council: (1) Conduct a public hearing for the Enabling ordinance for the Road Fee Program. (2) Approve a Negative Declaration to establish development fees for funding construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (3) Adopt an ordinance adding a section to the Municipal Code adopting a Major Thoroughfare and Bridge Fee Program. (4) Approve a resolution establishing the areas of benefit and Major Thoroughfare and Bridge Fee Programs for the Eastern, Foothills and San Joaquin Hills Transportation Corridors. (5) Approve a Joint Powers Agreement for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. 000249 am