HomeMy WebLinkAboutTRANSPORTATION CORRIDOR AGENCY - SAN JOAQUIN CORRIDORMAJOR 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, January, 1991 and June, 1997)
Exhibit "A
223512_2.DOC
SECTION
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
TABLE OF CONTENTS
TITLE
Executive Summary
Background
Description of Corridor
Corridor Planning
Estimated Costs
Overall Financing
Area of Benefit
Description of Area of Benefit (AOB)
Fees
Deferral of Fees
Criteria for Collection of Fees
Development Exactions & Credits
Annual Fee Adjustment
City Participation in Fee Program
223512 2.DOC i
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28
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31
31
LIST OF EXHIBITS
EXHIBIT NO.
TITLE
I
Area of Benefit Index Map with City
Boundaries
II
Resolution 82 -589, Transportation
Corridor Development Policy
III
Area of Influence for Corridor Users,
San Joaquin Hills Transportation Corridor
IV
Area of Influence for Corridor Users,
Foothill/Eastem Transportation Corridors
V
Area of Benefit, San Joaquin Hills
Transportation Corridor
VI
Area of Benefit, Foothill/Eastern
Transportation Corridor
VII
Fee Program Share of Total Corridor
Cost, SJHTC
VIII
Fee Program Share of Total Corridor
Cost, F/ETC
IX
Cost Per Trip End Analysis, SJHTC
X
Cost Per Trip End Analysis, F/ETC
XI
Daily Vehicle Trip Generation Rates
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41 -42
43 -44
45
46
47 -48
LIST OF TABLES
TABLE NO.
TITLE
IV -1
San Joaquin Hills Transportation 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
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MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
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 approximately 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
223512_2.DOC
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 June 12, 1997, fees for each of the fee zones within the Areas of Benefit are:
Single Family
Multi -Unit
SJHTC* Residential
Residential Non - Residential
Zone $3,133 /unit
$1,824 /unit $4.20 /sf.
Zone B $2, 426 /unit
$1, 416 /unit $3.11 /sf.
F/ETC **
Zone A $3,673 /unit $2,144 /unit $5.10 /sf.
Zone B $2,612 /unit $1,520 /unit $2.96/sf.
* The foregoing SJHTC fee rates shall be increased on July 1, 1998, and annually thereafter, by
2.667% without further action by the Board.
** The foregoing F/ETC fee rates shall be increased on July 1, 1998, and annually thereafter, by
2.206 % without further action by the Board.
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 the First Amended and Restated Joint Exercise of
Powers Agreement creating the SJHTCA or the F/ETCA, as appropriate. 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.
Portions of seventeen 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
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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. .
223512_2.DOC
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
I. BACKGROUND
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
Benefit, 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.
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
223512_2.DOC
have led to the Fee Program defined within this report, and the formation of the San
Joaquin Hills Transportation Corridor Agency and the Foothill/Eastern 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/Eastem
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 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 and the Transportation Elements of the General Plans of all city Parties
within which such corridors have been planned to be located.
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
223512_2.DOC
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 the
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 approximately
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 Uses 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 facility is needed
223512_2.DOC
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/Eastem 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 1 -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 include engineering design, administration,
construction inspection, right -of -way acquisition and some financing 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
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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
part 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 originally estimated 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
As of December 1990, the remaining cost of constructing the SJHTC, exclusive
of costs incurred to August 31, 1990, as estimated by Public Resources
Advisory Group ( "PRAG ") and as set forth in the "Transportation Corridor
Agencies Draft Final Report, Update of the Major Thoroughfare and Bridge Fee
Program for the San Joaquin Hills, Foothill and Eastern Transportation
Corridors, December 5, 1990" (the "Deloitte Report") was $746,920,000.
The Statement of Facts in Support of Findings of the Board of Directors of the
San Joaquin Hills Transportation Corridor Agency Regarding "Resolution of the
San Joaquin Hills Transportation Corridor Agency Approving an Annual
Adjustment in the Area of Benefit Fees and Making Certain Findings Related to
Annual Adjustment of the Area of Benefit Fees (S97 -05)" (the "1997 SJHTCA
223512_2.DOC
Findings ") provides updated estimated cost information for constructing the
SJHTC, as of June, 1997.
B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS (F/ETC)
The cost for constructing the Foothill/Eastern Transportation Corridors was
originally 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
The Statement of Facts in Support of Findings of the Board of Directors of the
Foothill/Eastem Transportation Corridor Agency Regarding "Resolution of the
Foothill/Eastern Transportation Corridor Agency Approving an Annual
Adjustment in the Area of Benefit Fees and Making Certain Findings Relating
to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997
F /ETCA Findings ") provides updated estimated cost information for
construction the F/ETC, as of June, 1997.
223512_2.DOC
Foothill
Eastern
Total
Construction:
$233,557,000
$143,526,000
$377,083,000
Eng. & Admin.:
35,033,000
21,528,500
56,561,500
Contingencies:
35,033,000
21,528,500
56,561,500
Right Of Way
(in excess of
Major Art. Hwy.): 14,151,000
11,790,000
25,941,000
Total (for purposes of
Fee Program):
$317,774,000
$198,373,000
$516,147,000
As of December 1990, as set forth in
the Deloitte Report,
PRAG estimated the
remaining cost of constructing the F/ETC, exclusive of costs incurred to
August 31, 1990, to be $1,699,240.
The Statement of Facts in Support of Findings of the Board of Directors of the
Foothill/Eastem Transportation Corridor Agency Regarding "Resolution of the
Foothill/Eastern Transportation Corridor Agency Approving an Annual
Adjustment in the Area of Benefit Fees and Making Certain Findings Relating
to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997
F /ETCA Findings ") provides updated estimated cost information for
construction the F/ETC, as of June, 1997.
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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 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 (SUP).
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.
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%
223512_2.DOC 10
Foothill/Eastern: $516,147,000 $250,228,066 48.5%
As of December 1990, estimated corridor costs, subject to adjustment as previously
stated, and the portion allocated to new development through the MT &B fee program
were:
New Development Fees Fees
Approximate Collected to be
Total Cost Share of Cost % to 8/31/90 Collected
San Joaquin Hills: $ 746,920,000 $ 361,810 48.44 $39,510,000 $322,300,000
Foothill/Eastern: $1,699,240,000 $828,790,000 48.48 $74,160,000 $749,630,000
The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts
related to the estimated corridor costs and the portion allocated to new development
through the MT &B fee program, updated as of June, 1997.
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.
VL AREA OF BENEFIT
In order to establish a 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.
It is clear that both existing developed properties and undeveloped properties will
benefit from construction of the transportation corridors. Development fees are
2235I2_2.DOC
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 form public finding 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 conducted 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 SOCCS2 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 data described above, a select link analysis (program
UROAD ") was performed to determine the number of corridor related trip ends which
originate in, or are 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
1 % UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban
Mass Transportation Agency (UMTA) for forecasting travel demand.
2 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.
223512_2.DOC 12
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 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
Costa Mesa
Dana Point
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Mission Viejo
223512_2.DOC 13
Area Included in AOB
3.2 sq. miles
22.2
5.6
Newport Beach
8.3
San Clemente
3.8
San Juan Capistrano
8.2
Santa Ana
2.8
City Subtotal
54.1
Unincorporated Territory
68.3 **
Total 122.4 sq. miles
* Included in the "Unincorporated Territory" area.
* * Including the area within the new incorporated Cities of Mission
Viejo, Dana Point, Laguna Hills and Laguna Niguel
The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of
the City of Newport Beach of 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 FO 1) enters said Upper Newport Bay; thence along the centerline of
Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence
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
223512_2.DOC 14
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 Ranch 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 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
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 of 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
223512_2.DOC 15
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 along the centerline of said Moulton Parkway to El Toro Road, thence
northeasterly along the centerline of said El Toro Road to Paseo de Valencia;
thence southeasterly along the centerline of said El Toro Road to Paseo de
Valencia; thence southeasterly along the center line 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 line 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
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 cites
are included in the AOB:
TABLE VII -2
FOOTHILL/EASTERN AOB BY LOCAL JURISDICTION
City
Anaheim
Irvine
Lake Forest
Mission Viejo
223512_2.DOC 16
Included in AOB
14.1 sq. miles
18.9
Orange
10.6
San Clemente
13.5
San Juan Capistrano
5.0
Santa Ana
2.8
Tustin
11.1
Villa Park
2.1
Yorba Linda
17.7
City Subtotal
95.8
Unincorporated Territory
194.7 **
Total 290.5 sq. miles
* Included within the "Unincorporated Territory" area.
** Including the area within the newly incorporated Cities of Mission Viejo
and Lake Forest.
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 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
annexations 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.
223512_2.DOC 17
ZONE A
Zone A begins at the Orange /San Bernardino County line where said County Line
intersects the centerline of the proposed extension of La Palma 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 Tustin Ranch Road; thence southerly along the centerline of
Tustin Ranch Road within the 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
223512_2.DOC 18
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
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 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.
The following discussion describes the methodology used to arrive at the fee
program's original fee amounts. As explained above, those amounts have been
periodically reviewed and updated based upon revised data.
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 percent 4 (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 e. 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.
4; Caltrans, LARTS 1976 Urban Rural Survey.
5? ibid.
2235122.DOC 19
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 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.
(As of January, 1991, shares were 48.44% for the SJHTC, and 48.48% for the
F/ETC. The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth
additional facts related to the estimated corridor costs and the portion allocated
to new development through the MT &B fee program, updated as of June, 1997.)
223512_2.DOC 20
SJHTC
F /ETC
TABLE VIII -1
FEE PROGRAM SHARE OF CORRIDOR COST
Total Corridor Cost ($) Developers
Share ( %) Share ($)
Zone A 28.6% $97,856,775
Zone B 19.8% $67,643,330
Total $341,660,000 48.4% $165,500,105
Zone A 25.8% $133,096,099
Zone B 22.7% $117,131,975
Total $516,147,000 48.5% $250,228,066
B. Determination of Base Fee
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
SJHTC F /ETC
Zone A $97,856,774 = $74 /TE $133,096,091 = $80/TE
1,321,160 1,665,922
Zone B $67,643,330 = $46/TE $117,131,975 = $43 /TE
1,462,093 2,730,730
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
223512_2.DOC 21
Hills and Foothill Transportation Corridor studies. Projected growth in
industrial /commercial floor space was generated from MMTS II e 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 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 cost 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:
&i Employment projections adopted by the Orange County Transportation Commission.
223512_2.DOC 22
TABLE VIII -2
ADJUSTED AOB TRIP ENDS
Land Use Category Zone A
Generated Adjusted
Trip Ends Trip Ends
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Single Family Residential Units 379,452 557,635
Multi -Unit Residential Unit 193,956 285,053
Neighborhood/Community Coml 448,800 179,520
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone B
Generated Adjusted
Trip Ends Trip Ends
139,368 254,936
240,723 440,312
525,262 210,105
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 Coml
479,662
191,865
1,155,638
462,255
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:
223512_2.DOC 23
TABLE VIII -3
FEE PROGRAM SHARE BY LAND USE CATEGORY
Single Family Multi -Unit Total Developer's
Residential Residential Non - Residential Share
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A $41,264,990 $21,093,922 $35,497,862 $ 97,856,774
Zone B $11,727,056 $20,254,352 $35,611,922 $ 67,643,330
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone $71,836,800 $17,299,040 $43,960,251 $133,096,091
Zone $49,186,840 $19,015,503 $48,929,632 $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.
223512_2.DOC 24
TABLE VIII -4
AREA OF BENEFIT FEES
Current Fee*
Original (As of
Land Use Original Fee Calculation Original Fee Rounded Fee 6/12/97)
* The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.667% without further action by the Board.
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A
Single - Family
$41,264,990 +31,621 units
$1,305 /unit
$1,305 /unit
$3,133 /unit
Multi -unit
$21,093,922 +27,708 units
$761 /unit-
$760 /unit
$1,824 /unit
Non - residential
$35,497,862 + 20,021,185 sf
$1.77 /sf
$1.75/sf
$4.20 /sf
Zone B
Single Family
$11,727,056 +11,614 units
$1,010 /unit
$1,010 /unit
$2,426 /unit
Multi -unit
$20,254,352 +34,389 units
$589 /unit
$590 /unit
$1,416 /unit
Non - residential
$35,661,922 + 27,700,559 sf
$1.29 /sf
$1.30 /sf
$3.1Lsf
Current Fee **
(As of
Land Use Fee Calculation Original Fee Rounded Fee 6/12/97)
"The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.206% without further action by the Board.
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Zone A
Single- Family
$71,836,800 +55,502 units
$1,294 /unit
$1,295 /unit
$3,673 /unit
Multi -unit
$17,299,040 +22,911 units
$755 /unit
$755 /unit
$2,144 /unit
Non - residential
$43,960,251 + 24,231,767 sf
$1.81 /sf
$1.80 /sf
$5.10 /sf
Zone B
Single Family
$49,186,840 +53,651 units
$917 /unit
$920 /unit
$2,612 /unit
Multi -unit
$19,015,503 +35,558 units
$535 /unit
$535 /unit
$1,520 /unit
Non- residential
$48,929,632+ 46,616,669 fees
$1.05 /sf
$1.05 /sf
$2.96/sf
223512_2.DOC 25
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 define 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.
223512_2.DOC 26
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:
San Joaquin Hills AOB (Zone A):
(100 D.U. x $1305/D.U.)
_ $130,500
(300 D.U. x $760/D.U.)
_ $228,000
(25,000 S.F. x $1.75 S.F.)
_ $ 43,750
Total fee for development if located in
Zone A of SJHTC AOB = $402,250
Foothill/Eastern AOB (Zone B):
(100 D.U. x 920/D.U.) _ $ 92,000
(300 D.U. x $535/D.U.) _ $160,500
(25,000 S.F. x $1.05 /S.F.) _ $ 26,250
Total fee for development if located in
Zone B of Foothill/Eastern AOB = $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:
San Joaquin Hills AOB (Zone B):
(5,000 s.f. x $1.30 /s.f.)
Total fee for development if located in
Zone A of SJHTC AOB =
Foothill /Eastern AOB (Zone A):
(5,000 s.f. x $1.80 /s.f.)
Total fee for development if located in
Zone A of Foothill/Eastem AOB =
223512_2.DOC 27
$ 6,500
$ 6,500
$ 9,000
$ 9,000
IX. DEFERRAL OF FEES
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
IS percent in anticipation of inflationary increases.
X. 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.
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.
3. 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
223512_2.DOC 28
223512_2.DOC
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.
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 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 development not requiring subdivision is conditioned to construct or
grade portions of the transportation corridors or dedicate right -of -way, reimbursement
agreements shall be executed prior to issuance of any building permits within the
project boundaries.
Developers will be allowed to apply credits eared 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
29
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 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:
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 as hereinafter provided. As of June 12, 1997, the fee credit rate is
$61,981 per acre for the SJHTC, and $58,262 per acre for the F/ETC, 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 (the
"Creditable Acreage "). Beginning July 1, 1998, and annually thereafter, the
foregoing fee credit rate for the SJHTC shall be increased by 2.667 %, and the
foregoing fee credit rate for the F /ETC shall be increased by 2.206 %, without
further actions by the Boards. Additional credit will be given for the Creditable
Acreage in the amount of the difference from time to time existing between
$75,000 and the then existing fee credit rates ( "Supplemental Credit').
Notwithstanding the foregoing, Supplemental Credits may not be used by
developers to offset Development Fees until such time as the completed
Corridor is opened to traffic, and all rights to reimbursement arising out of
Supplemental Credits shall be subordinate to the liens of any holders of bonds
issued by the TCA. Beginning on the date the entire Corridor is opened to
traffic, interest on the value of the Supplemental Credits shall be calculated at
the co- mingled rate earned by the Orange County Treasurer on general funds.
Grading
Credit will be given for earthwork, road and slope drainage, buttressing,
stabilization, hydroseeding and erosion control within the right -of -way (hinge
point to hinge point) excluding slope and drainage easements in an amount to be
223512_2.DOC 30
determined on a case by case basis according to current design and grading
plans.
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 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 as provided above, and further adjusted by the Agencies to reflect updated
project cost estimates, substantial 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.
XHI. JOINT POWERS AGENCIES
There are seventeen 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
223512_2.DOC 31
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.
223512_2.DOC 32
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33
EXHIBIT II
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
April 21, 1982
On motion of Supervisor Wieder, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, development of lands is occurring which contributes
directly to the need for transportation corridors; and
WHEREAS, said development may obstruct future right-of-way- for
the transportation corridors; and
WHEREASt development benefitting from implementation of the
transportation corridors should contribute toward the cost generaiig
in proportion to the need generated; and
WHEREAS, right- of-way for' the transportation should be pro'
tectF
as development occurs; and
WHEREAS, grading should be accomplished, whenever possible, in
conjunction with the grading and development of surrounding propert`
and
WHEREAS. implementation of. logical increments of the corridor
should occur in conjunction with the land development process `+heael
the transportation needs of that development require those :!aciliti,
for access;-and
WHEREAS, development policies for the implementation of thc:
-transportation corridor will provide a basis for planning of future
development and serve as notice to the public as to the future
locations of the corridors;
Resolution No. 82 -598
Transportation Corridors
Development Policy
34
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NOS,', TFi ciORE, BE IT RESOLVED th-t as a condition of abpro� .
of subdivisions containing within their boundaries portions of
transportation corridors shown on the Transportation Element of
County General Plan the developer shall:
1. Dedicate right- of-way to County.
2. Grade corridor right -of -way in accordance with schematic
plans approved :.on -the tentative map and rough grading Plans approl
by the Director, BMA.
3. Construct arterial overcrossings for internal arterials.
Width of overcrossing structure (i.e., number of travel lanes) is
be deterxlm*d based upon vehicular and pedestrian traffic generat4
by the proposed project.
4. Construct corridor 'travel lanes and interchange ramps
required isssediately for access to proposed development or system
continuity (closure of short gaps). Number of lanes re it
based upon traffic generated .
by Proposed project.
S. Participate, among other designated beneficiari as' ..ia aaro
established corridor daval
op=eat fee program. Costs incurred pur:
tcL Conditions 2 through 4 shall be creditable against tees. :Costa
incurred pursuant to Condition 1 shall be creditable against fees
the extent that the develop -_t,t :et- program includes said right -o:
I cost.
BE IT FURTHER RESOLVED that Ei4A is hereby directed to amend
appropriate sections of the Subdivision and Zoning Codes to impira
this policy.
BE IT FURTHER RESOLVED that EHA is hereby directed to incorpc
in General Plan amendment elements, Zoning actions, area plans anc
site Plans recommendations a f
FPropriate for implementing this po1-
35
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bE IT iun:YVk RESOLVED that EKY1 is hereby directed to begin,
analyzing potential areas of benefit as an adjunct to the Orange Co
Orange County Transportation Commission Transportation Finance Stud,
BE IT FURTHER RESOLVED that affected cities be requested to ade
similar policies.
DE IT FMTRER RESSOLVED that EMA is hereby directed to proceed
expeditiously.vith the establishment of a fee program.
SUPERYISORS Im—*.RIE'1T M. KIE=, RALPH B. CL
SM&R x ARE, A1tD ROGEB' R
NOES: SUPEP.YISOPS �
SUFERYISORS BRt10E 3MSTMM X%M THO`MS F. RILET
22 STATE OF CALIFORNIA
23 COUNTY OF ORANGE
2! 1, JUNE ALEXANDER. Clerk Of the Board of Supervisors
hereby certify that the above and foregoing Resotut o f Orar
the said Board at a
23 19 92 and regular aeeti I thertof meld on the 21st d��
Passed by a tisanimous vote of said MF(E�
26 IN WITNESS WeER
County, Cali
plaHy adoot
EDF ", - -
- u+
xnril 19 e2 I Rave hereunto set spy hand ar+d meal this 21st day
28 t
-'• nn za
a Clerk af'tp�e�Boaed of Supervi<cer
of Orange County C0ifomi4l
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Outside
Zone X
Zone D
AM
corridor User
xith oe or Both Znds 114 2024
Trips beginning and ending in gone
27e1C!
5,890
9,116
(trips due to growth)
2,047
9,811
22,195
(Total trips)
in/Out Trips
40.145
25,834
49,798
(Trips due to growth)
78,f20
35,345
:9,894
(Total tripe)
oct/in Trips
37,342
28,141
50,274
(Trips due to growth)
73,274
38,582
72,203
(Total trips)
Trip Ind Analysis
171,725.
45,755
118,304
(Trip ends due to growth)
210,188
93,549
186,487
(Total trip sods)
=
(percent corridor due to growth) 1
0t i1.7
70.294
.3.4r
38
(percent °orribar users TZ bp''Zoni) 2
doe t,d 3
42.484
35.034
19.0E!
13.41%
.c�
24.1_
(percent oocridoc users TZ growth)
1peroent Corridor TZ due to growth ` triP ends dde
to growth
Total Trip toils
2peroeat corrider users TS b7 2004 Total trip
ex.ds per sons
total trip wads
S=matioa of
3percent corridor users TE due to growth - percent TL doe to growth s
percent corridor users TZ by
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DT20 -13
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Page 1 of 2
TLS Ps*a :i SHARE or TOTAL CORRIDOR COST
roomiLL/L9LSTERN TRANSPORTATION CORRIDOR
Trip sad Analysis
(Trip ands.due to growth)
1",922
53,612
Outside
(Total trip ands)
Zone A
Zone B
ACS
Corridor User Trips With One or troth Lnds In Zone
".Oat
72.86!
66.050
(Percent corridor users TE by Zonq)2
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19.64%
41.52 '
(Percent corridor users TE doe to growth) 3
(Trips due to growth)
27,!22
9,322
20,555
(Total trips)
21,200
11,657
37,307
In/Oat Trips
1larceat corridor TZ dns to" growth s trip ends due
(Trips dun to growth)
681629
31,320
64,217
(Total trips)
#0,7i3
46,004
t4, 512
Out/In Trips
(Tripe doe to growth)
75,449
33,649
55,069
(Total trips)
99,923
45,760
79,696
Trip sad Analysis
(Trip ands.due to growth)
1",922
53,612
160,396
(Total trip ands)
22C,966
2150078
242,822
(Percent Corridor TE dw to growth) 1
".Oat
72.86!
66.050
(Percent corridor users TE by Zonq)2
38.1"
19.64%
41.52 '
(Percent corridor users TE doe to growth) 3
34.18%
14.301
27.
1larceat corridor TZ dns to" growth s trip ends due
to growth
Total Trip tads
:
3Percent carridoc users It due to growth - Percent TE due to'growth x
percent corridor usera TE by shoe
D'r20 -19
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Page 1 of 2
DAILT q CLE TRIP.GaWTATICN RATES
ORANGE ODUNTY LNPIRDCiPQ'=&L HANAGEMMM AG nCy
August 1992
The following is a listing of vehicle trip generation rates used for planning
purposes by the Environmental Kanagtment Agency. These rates have betn compiled
from a variety of sources, including County conducted studies, and ue deemed
represtntative of land uses within Orange County. 'TL/Lsf• is an abbreviation
for trip ends per thousand square feet of gross building floor area. •TE/Acre•
refers to trip ends per developed acre.
47
Land Uae
2E/Laf
SL/ACre
TL/Other
X KDUSTRrAL
Light Industrial/Iadcutrial lark
13
176
Warehouse
5
92
9tTSIDf2iTI11I.
-
single racily Detached
12 a/Du
Single racily Detached - Estate
i5 TZ/Du
Multiple Unit (lpartments, Condos)
7 TL/Du
Mobile Noe
5 Tz/Du
Retirement Community
LOOGIHG
4 TE/Da
iOtel -
U. Tm/loon
Hotel.
Resort sotel mic Use) ,_
REC1RikTIOKKL
300
! TE/kooa
1E SL/Rx^
Neighborhood Park
6
Regional Park
5
State Park
1
Karin
4 TE/Berth
Beach
350 Tz/1000 •
Golf Coarse
9
Can4round
Tennis Club
S >EJCampe
43 TE/Court
Raquatball Club
TKSTrrU IM
25
31 TT/Coart
Ilementary School
47
1.0 TE/Studa
Junior High School
40
0.9 TE/Stude,
High School
go
1.4 TE /Stude
Junior College
so
1.5 TE/Stu&
Church — Weekday
�
go
— 3un4ay
44
1.35
Library
42
310
47
EXHIBIT XI
Page 2 of 2
Land Use TL/Lsf TEjA=a TErother
MEDICAL
Eospital
is
200 14 TE/Bed
Nursing Hoax
3 TE/Bed
OrrICE
General Office
15
240
Medical Office
75
PAssarch Center
'
10
40
RLT112I.
Discount Store
i5
Eardvare/Ecae IAproveseat
50
550
Shopping Center - Regional
50
500
( 30 Acres)
Shopping Center - Coesnaity
70
900
(10-30 Acres)
Sbspping Center - Uaighborbood
135
1250
( 10 -Acres)
lestaurant - Quality (i.e., VeSret TUrtle,
110
lunSgry Tiger, etc.)
lastayrant - Eigh Turnover Uar., lob''s,
350
Denny's, etc.)
.Y*staarant - Teat rood (i.e., MacDoaald's,
500
Carl's Jr., etc.)
Automobile Was
400
Service. Station
750 TE/Statioo
Supc market
125
Convenience Xarkat (i.e., 7 -31,
550
Stop i Go, etc.)
. SLRYIC!'S
Sank - Walk In
] f0
Bank - Drive In
195
Savings and Loan - Walk In
65
Savings and Loan - Drive In
75
T.RS:dciDT20 -22
6/11/85
M
ATTEST: CITY OF A TA A
Clerk of the City of Santa Ana By:
3 ayor
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Tustin
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Yorba Linda
By:
Lm
TO FORM:
�<,
22
CITY OF TUSTIN
By:
Mayor
CITY OF YORBA LINDA
:
Mayor
ATTEST: CITY 0 S TA
Clerk of the City of Santa Ana By:
B Mayor
•
Dated:
APPROVED AS TO FORM:
By: —
City Counsel
ATTEST:
Clerk of the City of Tustin
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Yorba Linda
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
22
CITY OF TUSTIN
Mayor
CITY OF YORBA LINDA
By:
Mayor
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILUEASTERN
TRANSPORTATION CORRIDOR AGENCY
222650_6.DOC 11119/02 1:26 PM
ATTEST:
Clerk of the City of Anaheim
By: 1q
Dated:
APPROVED AS TO FORM:
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
1V
CITY NAHEIM
By:
or JW
CITY OF DANA POINT
By:
Mayor
CITY OF IRVINE
.0
Mayor
r MIckw
Clerk of the City of Anaheim
BY:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Dana Point
By: cyz—�
Dated: c V ' �/ o 3
APPROVED AS TO FORM:
By: Yam a
City ounsel
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
1L]
CITY OF ANAHEIM
By:
Mayor
CITY OF DANA POINT
By:
ayoi
CITY OF IRVINE
By:
Mayor
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
Y�
D d: l— 7 —aBo
19
CITY OF ^kHEIM
By:
Mayor
CITY OF DANA POINT
By:
CI1
M.
Mayor
ATTEST:
Clerk of the ity o_f L e Forest
By
Dated:
APPROVE' FORM:
By:
City Counsel
ATTEST:
CIT O LAKE FO
By:
Mayor
CITY OF MISSION VIEJO
Clerk of the City of Mission Viejo By:
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Orange
BY:
Dated:
APPROVED AS TO FORM:
I:
City Counsel
20
Mayor
CITY OF ORANGE
Mayor
0
ATTEST:
Clerk of the City of Lake Forest
By:
Dated:
APPROVED AS TO FORM:
I:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated: — �-
APPROVED AS TO FORM:
By: I/r
City Counsel
ATTEST:
Clerk of the City of Orange
By: _
Dated:
APPROVED AS TO FORM:
LN
City Counsel
OU
CITY OF LAKE FOREST
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF ORANGE
:
Mayor
ATTEST:
Clerk of the City of Lake Forest
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
IN
City Counsel
ATTEST:
Clerk of the City of Orange
By: LCct.Gt`
Dated:
20
CITY OF LAKE FOREST
IC
Mayor
CITY OF MISSION VIEJO
In
Mayor
CITY OF OR4NGE
{�t
By:
ayor
ATTEST:
Clerk of the City of
Rancho Santa Margarita
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF RANCHO SANTA
MARGARITA
By:
Mayor
ATTEST: CITY
Clerk of the City of San Clemente
By:
Dated: O;j
APPROVED AS TO F
By: -
ATTEST:
Clerk of the City of San Juan Capistrano
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
21
o i
\FEE 19AF�
CITY OF SAN JUAN CAPISTRANO
By-.
Mayor
0
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 nf San Juan Capistrano
By: V ` 0. ", �
Da ed• I fit_ 1t L �, %ffi 3
t
City
TO FORM:
21
CITY OF RANCHO SANTA
MARGARITA
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
3
ATTEST: CIT
Clerk of the City of Santa Ana By:
By: vt e1 �n
ATTEST:
Clerk of the City of Tustin
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Yorba Linda
By:
Dated:
APPROVED AS TO FORM:
6W
City Counsel
wj
CITY OF TUSTIN
:
Mayor
CITY OF YORBA LINDA
:
Mayor
0
ATTEST:
Clerk of the City of Santa Ana
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Dated: Clerk of the City of Tustin
APPROVED AS TO FORM:
City r
�r
pig 1
CITY OF SANTA ANA
Mayor
CITY OF TUSTIIN / //1 ez c
By: 2" 1 vh lo//�
Mayor
CITY OF YORBA LINDA
Clerk of the City of Yorba Linda By:
By: _
Dated:
APPROVED AS TO FORM:
La
City Counsel
22
Mayor
ATTEST:
Clerk of the City of Santa Ana
By: _
Dated:
APPROVED AS TO FORM:
R
City Counsel
ATTEST:
Clerk of the City of Tustin
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Yorba Linda
By: ` )'1'JL,
Dated: %1 12j w d-J
APPRO ED AS TO FORM:
By:
City Counsel
22
CITY OF SANTA ANA
By:
Mayor
CITY OF TUSTIN
By:
Mayor
CITY OF YORBA LINDA
By:
Mayor
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILUEASTERN
TRANSPORTATION CORRIDOR AGENCY
222650_6.DOC 11/19/02 1:26 PM
TABLE OF CONTENTS
Page
RECITALS................................................................................................. ..............................1
I.
DEFINITIONS ....................................................................................... ..............................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
111.
ORGANIZATION ................................................................................. ..............................6
3.1 Membership ..................................................................................... .........................:....6
3.2 Board ................................................................................................ ..............................6
3.3 Principal Office ................................................................................ ..............................7
3.4 Meetings ........................................................................................... ..............................7
3.5 Quorum ............................................................................................ ..............................7
3.6 Powers and Limitations Thereon ..................................................... ..............................7
3.7 Minutes ............................................................................................ ..............................8
3.8 Rules ................................................................................................ ..............................8
3.9 Vote or Assent of Parties ................................................................. ..............................8
3.10 Officers ............................................................................................ ..............................8
3.11 Committees ...................................................................................... ..............................8
3.12 Additional Officers .......................................................................... ..............................9
3.13 Bonding Requirement ...................................................................... ..............................9
3.14 Status of Officers and Employees .................................................... ..............................9
IV.
FEES ...................................................................................................... ..............................9
4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties ................9
4.2 Annual Review of Fees ................................................................... .............................10
4.3 Payment ........................................................................................... .............................10
TABLE OF CONTENTS (cont'd)
ii
Page
4.4 Compensation of Agency for Acquisition of Rights -of- Way ........ ..............................1
I
V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE
AGENCIES................................................................................................. ........................:....11
5.1 Joint Action with Other Agencies ................................................... .............................11
5.2 Communications Between Corridor Agencies ............................... ..............................1
l
5.3 Lending and Borrowing Funds Between Agencies ........................ .............................12
VI. BUDGET AND DISBURSEMENTS ................................................... .............................12
6.1 Annual Budget ................................................................................ .............................12
6.2 Disbursements ................................................................................. ..........................:..12
6.3 Accounts ......................................................................................... .............................12
6.4 Expenditures Within Approval Annual Budget .............................. .............................12
6.5 Audit ............................................................................................... .............................13
VII. SECURITIES ........................................................................................ .............................13
7.1 Securities ......................................................................................... .............................13
VIII. LIABILITIES .......................................................................................... .............................13
8.1 Liabilities ........................................................................................ .............................13
8.2 Hold Harmless and Indemnify ........................................................ .............................13
IX. ADMISSION AND WITHDRAWAL OF PARTIES .......................... .............................14
9.1 Admission of New Parties .............................................................. .............................14
9.2 Withdrawal ...................................................................................... .............................14
X. TERMINATION AND DISPOSITION OF ASSETS .......................... .............................15
10.1 Termination ..................................................................................... .............................15
10.2 Distribution of Property and Funds ................................................. .............................15
XI. MISCELLANEOUS ............................................................................. .............................16
11.1 Amendments ................................................................................... .............................16
11.2 Notice .............................................................................................. .............................16
ii
TABLE OF CONTENTS (cont'd)
11.3 Effective Date ............................... ...............................
11.4 Arbitration ..................................... ...............................
11.5 Partial Invalidity ............................ ...............................
11.6 Successors ..................................... ...............................
117 Assi nment
Page
.. .............................16
.. .............................16
.. .............................17
.. .............................17
g..................................................................................... .............................17
11.8 Execution ........................................................................................ .............................17
11.9 Third Party Beneficiary ................. ...............................
iii
.. .............................17
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILUEASTERN
TRANSPORTATION CORRIDOR AGENCY
THIS SECOND 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
day of , 200_1 the date on which ten or more of the following public agencies
executed this Second 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 Dana Point
d. City of Irvine
e. City of Lake Forest
f. City of Mission Viejo
g. City of Orange
h. City of Rancho Santa Margarita
i. City of San Clemente
j. City of San Juan Capistrano
k. City of Santa Ana
1. City of Tustin
m. City of Yorba Linda
RECITALS
A. The California State Legislature adopted Chapter 708, Statutes 1984, adding
Section 664843 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 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 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 (the "Joint Powers Act "). With the adoption of Chapter 649, Statutes
1999, the California State Legislature amended the Joint Powers Act to authorize any joint
powers authority formed pursuant to the Joint Powers Act to enter into an agreement with other
"public agencies" (as defined in the Joint Powers Act) to jointly exercise any power common to
the contracting Parties.
E. The Parties have determined that is in their best interest to authorize the Agency
formed pursuant to this Agreement to exercise the authority provided by the Joint Powers Act to
enter into agreement with other pubic agencies for the purpose of jointly exercising any power
common to the Agency and any other such public agencies.
F. 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.
G. 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.
H. 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.
I. 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:
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the Parties hereto agree as follows:
2
DEFINITIONS
1.1 For the purposes of this Agreement, the following words shall have the following
meanings:
a. "Agreement" means this Second 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 Members" means 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.
g. "Chief Executive Officer" means the chief operating employee selected by
the Board to manage the day -to -day activities 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 Chief Executive Officer shall not be an employee of any individual Party.
h. "Fiscal Year" means July 1st to and including the following June 30th.
i. "Joint Transportation Corridor Agency" has the meaning assigned such
term in Section 2.3(m).
j. "Joint Transportation Corridor Agency Agreement" has the meaning
assigned such term in Section 2.3(m).
k. "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
public entity executing an amendment of the original agreement as hereinafter provided.
1. "Quarter means July 1 st to and including September 30th, October 1 st to
and including December 31 st, January 1st to and including March 31 and April 1 st to and
including June 30th.
m. "SJH Agency" means the San Joaquin Hills Transportation Corridor
Agency formed by the parties to the SJH Agreement.
n. "SJH Agreement" means that certain Second Amended and Restated Joint
Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency.
II.
PURPOSE AND POWERS
2.1 Agency Created.
There is hereby created a public entity to be known as the
"FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY." The Agency is
formed by this Agreement pursuant to the provision of Article 1, Chapter 5, Division 7, of Title I
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 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.
0
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 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;
forth; g. To incur debts, liabilities, or obligations subject to limitations herein set
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 enter into a joint powers agreement with any public agency authorized
by Government Code Section 6500 et seq. for the purpose of jointly exercising common powers
under Government Code Sections 6500 et. seq. and 66484.3. Any such agreement with the SJH
Agency for the joint planning, financing and construction of major thoroughfares and bridges (a
"Joint Transportation Corridor Agency Agreement") shall provide for the formation of a separate
authority (a "Joint Transportation Corridor Agency ") to carry out the purposes of such Joint
Transportation Corridor Agency Agreement. Such Joint Transportation Corridor Agency
Agreement shall provide that: (i) the board of directors of such Joint Transportation Corridor
Agency shall be composed of one (1) voting member appointed by the legislative body of each
city that is a party to either or both this Agreement and the SJH Agreement from time to time,
and three (3) voting members from the County of Orange, said members to be the duly elected
supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts, , (ii) each
such board member shall also have an alternate appointed by the legislative body of the relevant
City or the County appointing such board member consistent with this agreement, (iii) not less
than two - thirds (2/3) of the members of such board shall constitute a quorum for the purposes of
the transaction of business relating to the Joint Transportation Corridor Agency, and (iv) such
board may adopt any motion, resolution or order and take any other action they deem appropriate
by a vote of the lesser of (a) sixteen (16) such board members, (b) seventy seven percent (77 %)
of those board members present and qualified to vote, or (c) such lesser number or percentage of
votes (but not less than a majority) that is the requisite vote necessary to maintain the tax- exempt
status of debt issued by the Joint Transportation Corridor Agency, as supported by an opinion of
a nationally recognized bond counsel selected by such board.
n. 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.
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, Rancho Santa Margarita, San Clemente, San Juan
Capistrano, Santa Ana, Tustin and Yorba Linda.
(ii) three voting Board Members from the County of Orange, said
members to be the duly elected supervisors for the Third, Fourth
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 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 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. 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.
3.6 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 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
7
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.
3.9 Vote or Assent of Parties.
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 Chief Executive Officer
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 1 st of each year. Except for the Chief Executive Officer,
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 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.
3.13 Bonding Requirement.
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.
3.14 Status of Officers and Employees.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, workers 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 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties:
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 signatory 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 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.
W
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.
If the Agency has entered into a Joint Transportation Corridor Agency Agreement
pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may
provide that the board of directors of the Joint Transportation Corridor Agency shall be
responsible for undertaking the annual or more frequent review of the above- described fee
program, and shall have the power to modify the fees to be imposed by the Parties hereto upon
approval of such modification by such board of directors in accordance with the terms of the
Joint Transportation Corridor Agency Agreement. In such event, each Party shall impose said
revised fee as provided herein as if such revised fee had been approved by the Board in
accordance with this Section 4.2.
4.3 Pa ment.
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 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.
If the Agency has entered into a Joint Transportation Corridor Agency Agreement
pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may
authorize the Joint Transportation Corridor Agency to manage the funds collected pursuant to
said fee program. In such event, each Party agrees (i) to hold said fees in trust for the Joint
Transportation Corridor Agency, (ii) to pay such fees to the Joint Transportation Corridor
Agency as provided herein with respect to the Agency, (iii) to permit the Joint Transportation
10
Corridor Agency to audit such Party as provided herein with respect to the Agency, and (iv) that
in the event any dispute arises as to the amount of fees assessed any person under the fee
program, if the Joint Transportation Corridor Agency Agreement so provides, such dispute shall
be managed by the Joint Transportation Corridor Agency and its board of directors in the same
manner as described in the third paragraph of this Section 4.3 with respect to the Agency.
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 preservation and acquisition by dedication pursuant to Title 7, Divisions l 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 Corridor is 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 Parry
shall compensate the Agency for all costs (including attorneys' fees) incurred by the Agency in
acquiring said rights -of -way and property interests. If the Agency has entered into a Joint
Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor
Agency has been formed as authorized by Section 2.3 of this Agreement, the Joint
Transportation Corridor Agency shall be entitled to enforce the respective obligations of each
Party arising pursuant to this Section 4.4.
MA
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, financing, constructing, maintaining, repairing,
managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern
Transportation Corridors 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 ii
appropriate.
5.2 Communications Between Corridor Agencies.
In the event that the agencies described in Section 5.1 above (other than the Joint
Transportation Corridor Agency) 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.
11
5.3 Lending and Borrowing 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.
VL
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 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 Approval Annual Budget.
All expenditures within the designations and limitations of the approved annual
budget shall be made upon the approval of the Chief Executive Officer 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.
12
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.
VII.
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.
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.
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, unless expressly specified herein.
8.2 Hold Harmless and Indemnify.
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 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
13
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. If the Agency enters into a Joint
Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor
Agency is formed, then each Party agrees to hold harmless and indemnify the Joint
Transportation Corridor Agency, the board of directors of the Joint Transportation Corridor
Agency, and the members of such board of directors of the Joint Transportation Corridor
Agency, for all matters within the scope of the indemnities made by the Parties in this Section
8.2 with respect to the Agency, the Board and its Members, to the same extent as such
indemnities are made to the Agency, the Board and its Members.
IX.
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 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.
14
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 agreements, 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 six 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.
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 Part a proportionate share of
the contributions 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.
15
XI.
MISCELLANEOUS
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 ten or more of the Parties enumerated in the introduction of this Agreement.
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 Parry 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
16
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. If the Agency enters into a Joint
Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor
Agency is formed as authorized by Section 2.3 of this Agreement, then each Party agrees that the
arbitration provisions in this Section 11.4 shall apply to any controversy or claim between any
such Party or Parties and the Joint Transportation Corridor Agency arising under, out of, or in
relation to this Agreement.
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.
11.9 Third Party Beneficiary.
In the event that the Agency enters into a Joint Transportation Corridor Agency
Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency shall be a third party
beneficiary of the provisions of this Agreement creating obligations for the benefit of such Joint
Transportation Corridor Agency.
17
IN WITNESS WHEREOF, this Second Amended and Restated Joint Exercise of Powers
Agreement Creating the Foothill and Eastern Transportation Corridor Agency shall be effective
as of the date that not less than three - fourths (3/4) of the Parties listed below have authorized
execution hereof, as evidenced by the authorized signatures below, respectively.
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD:
Name:
Clerk of the Board of Supervisors
Date:
APPROVED AS TO FORM:
County Counsel
By:
Deputy
Date:
10
COUNTY OF ORANGE
By:
Name:
Date:
ATTEST: CITY OF ANAHEIM
Clerk of the City of Anaheim By:
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
Mayor
ATTEST: CITY OF DANA POINT
Clerk of the City of Dana Point By:
By: Mayor
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF IRVINE
Clerk of the City of Irvine By:
By: Mayor
Dated:
APPROVED AS TO FORM:
By:
City Counsel
19
ATTEST:
Clerk of the City of Lake Forest
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Orange
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
20
CITY OF LAKE FOREST
By:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF ORANGE
By:
Mayor
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
CITY OF RANCHO SANTA
MARGARITA
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
ATTEST: CITY OF SAN JUAN CAPISTRANO
Clerk of the City of San Juan Capistrano By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
21
s
ATTEST:
Clerk of the City of Santa Ana/
By� /
Dated: 3
By: _
ATTEST:
Clerk of the City of Tustin
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Yorba Linda
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
22
CITY OF TUSTIN
By:
Mayor
CITY OF YORBA LINDA
By:
Mayor
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2002
TITLE:
RESOLUTION - AMENDMENTS TO
THE SAN JOAQUIN HILLS AND
FOOTHILL /EASTERN
TRANSPORTATION CORRIDOR
AGENCIES' JOINT POWERS
AGREEMENT-
Edocation Is[
CLERK OF COUNCIL USE ONLY:
APPROVED
s Recommended ( ,',,; t ZuU
C❑ As Amended
❑ Ordinance on 16` Reading
XOrdinance on 2otl Reading
Implementing Resolution Ic
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER (-
ITYMANAGER
RECOMMENDED ACTION 0`1304'761
;7""(114 -
Adopt a resolution authorizing the City of Santa Ana to execute the second
amended and restated joint exercise of power agreement creating the San
Joaquin Hills Transportation Corridor Agency and the second amended and
restated joint exercise of powers agreement creating the Foothill /Eastern
Transportation Corridor Agency.
DISCUSSION
In 1986, the San Joaquin Hills Transportation Corridor Authority (SJHTCA)
and the Foothill /Eastern Transportation Corridor Authority (F /ETCA) were
created to plan, design, finance, and construct two new major highways -
one coastal and one inland - in Orange County. In 1987, the State
Legislature approved legislation granting both agencies the authority to
collect tolls and issue toll revenue bonds.
In 1993, the SJHTCA issued $1.2 billion in toll revenue bonds to fund
construction of the San Joaquin Hills (73) Toll Road. The Toll Road
opened in 1996. In the first year of operation, initial toll revenue
achieved only 50 percent of projected revenue. In response, the SJHTCA
took advantage of a favorable investment rate climate and refinanced
nearly all of its original bonded debt in 1997. Federal law only permits
one advanced refunding.
Since 1997, SJHTCA toll revenue and transactions have grown by more than
10 percent per year. However, this growth rate has not been sufficient to
keep pace with projections and an escalating debt service structure.
The SJHTCA Toll Road is currently operating at 77 percent of the revenue
projections that were forecast during the 1997 refinancing. In contrast,
Page 125 55. B.
Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies' Joint Powers Agreements
December 2, 2002
Page 2
the Foothill /Eastern Corridor is currently operating at approximately 107
percent of revenue projections established in 1999.
In February 2002, Fitch Investor Services, one of the three rating
agencies that rate Transportation Corridor Agencies (TCA) bonds,
downgraded a portion of the SJHTCA's bonds to a non - investment grade
rating. Immediately following the downgrade, the SJHTCA Board of
Directors hired two independent financial consultants to work with SJHTCA
staff to independently evaluate all financial options available to the
agency to establish long -term financial stability.
After the analysis, the financial team concluded that consolidation of the
SJHTCA and F /ETCA into a single agency was the only viable option for
establishing long -term financial stability for the toll -road system. This
consolidation would allow the two agencies to restructure outstanding
debt, streamline operations, diversify the revenue base, and strengthen
the agencies' ability to complete the toll -road system.
In April 2002, the SJHTCA Board unanimously voted to request the F /ETCA
Board to consider consolidation into a single joint powers authority. In
June 2002, the F /ETCA Board voted unanimously to proceed with the
potential consolidation. In October 2002, the SJHTCA and F /ETCA Boards
considered governing board structure options for a combined agency. The
Boards selected a 21- member board structure consisting of one
representative from each City and County Supervisorial District currently
represented on the existing TCA Boards (18 City and three County members).
On November 14, 2002, the Boards unanimously approved amendments to the
existing Joint Powers Agreement, which would permit this proposed
consolidation of the agencies.
Accordingly, the SJHTCA requests that member agencies, including the City
of Santa Ana, adopt proposed amendments to the Joint Powers Agreement.
The amendments would establish the legal foundation and framework for the
potential consolidation of the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies. Adopting the amendments does not create
the consolidated TCA, but establishes the legal groundwork for the
creation of a new, consolidated agency, only if the SJHTCA and F /ETCA
Boards vote to proceed with consolidation.
55. B. Page 126
Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies' Joint Powers Agreements
December 2, 2002
Page 3
FISCAL IMPACT
There is no direct financial impact to the City
continue to be protected from debts, liabilities
San Joaquin Hills Transportation Corridor Agency
Corridor Agency.
Page 127
Member agencies will
and obligations of the
and the Foothill /Eastern
55.B.
BUSINESS CALENDAR
RESOLUTIONS
55.A. AGMT NO. 2002 -232 - AUTHORIZING THE PARTICIPATION IN JOINT
POWERS AUTHORITY FOR INTEGRATED LAW AND JUSTICE
Motion: Adopt resolution.
RESOLUTION NO. 2002 -103 - A resolution of the City Council of the City of
Santa Ana authorizing the City of Santa Ana's membership in a Joint
Powers Authority to be known as the Integrated Law and Justice Agency for
Orange County
MOTION: Bist SECOND: Christy
VOTE: AYES: Alvarez, Bist, Christy Franklin, Garcia, Pulido
Solorio (7)
NOES: None (0)
ABSENT: None
55.13. ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO THE SAN
JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION
CORRIDOR AGENCIES JOINT POWERS AGREEMENT
Motion: Adopt resolution.
RESOLUTION NO. 2002 -104 - A resolution of the City Council of the City of
Santa Ana approving second amended and restated joint exercise of
powers agreements for the San Joaquin Hills Transportation Corridor
Agency and the Foothill /Eastern Transportation Corridor Agency
MOTION: Christy SECOND: Franklin
VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido
Solorio (7)
NOES: None (0)
ABSENT: None
CITY COUNCIL MINUTES 427 DECEMBER 2, 2002
RESOLUTION N0. 2002 -104 jwf/1 1/25/02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING SECOND AMENDED AND
RESTATED JOINT EXERCISE OF POWERS
AGREEMENTS FOR THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY AND THE
FOOTHILL /EASTERN TRANSPORTATION CORRIDOR
AGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is a party to: (i) that certain First Amended and Restated Joint
Exercise of Powers Agreement creating the San Joaquin Hills
Transportation Corridor Agency, which first became effective October 17,
1988, and, (ii) that certain First Amended and.Restated Joint Exercise of
Powers Agreement Creating the Foothill /Eastern Transportation Corridor
Agency, which first became effective October 21, 1988 (collectively as
amended, the "Joint Powers Agreements "); and,
B. The governing bodies of both joint powers agencies have unanimously
recommended that the Joint Powers Agreements be amended and
restated respectively as provided in the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, and the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the Foothill /Eastern
Transportation Corridor Agency (collectively the "Second Amended and
Restated Joint Powers Agreements ") to permit the creation of a third joint
powers agency to assume joint operational and financial management of
two separate agencies; and,
C. The City Council hereby determines that it is in the best interest of the City
to approve the Second Amended and Restated Joint Powers Agreements
and to authorize the Mayor to execute on behalf of the City the Second'
Amended and Restated Joint Powers Agreements.
Section 2, The Second Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with
the Clerk of the Council is hereby approved, with such non - substantive changes as may
be approved by the City Attorney, is hereby approved and the Mayor is hereby
Resolution No, 2002 -104
Page 1 of 3
jwf 111 /25/02
RESOLUTION NO. 2002 -104
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING SECOND AMENDED AND
RESTATED JOINT EXERCISE OF POWERS
AGREEMENTS FOR THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY AND THE
FOOTHILL /EASTERN TRANSPORTATION CORRIDOR
AGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is a party to: (i) that certain First Amended and Restated Joint
Exercise of Powers Agreement creating the San Joaquin Hills
Transportation Corridor Agency, which first became effective October 17,
1988, and, (ii) that certain First Amended and Restated Joint Exercise of
Powers Agreement Creating the Foothill /Eastern Transportation Corridor
Agency, which first became effective October 21, 1988 (collectively as
amended, the "Joint Powers Agreements "); and,
B. The governing bodies of both joint powers agencies have unanimously
recommended that the Joint Powers Agreements be amended and
restated respectively as provided in the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, and the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the Foothill /Eastern
Transportation Corridor Agency (collectively the "Second Amended and
Restated Joint Powers Agreements ") to permit the creation of a third joint
powers agency to assume joint operational and financial management of
two separate agencies; and,
C. The City Council hereby determines that it is in the best interest of the City
to approve the Second Amended and Restated Joint Powers Agreements
and to authorize the Mayor to execute on behalf of the City the Second
Amended and Restated Joint Powers Agreements.
Section 2. The Second Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with
the Clerk of the Council is hereby approved, with such non - substantive changes as may
be approved by the City Attorney, is hereby approved and the Mayor is hereby
Resolution No. 2002 -104
Page 1 of 3
authorized to sign and the City Clerk is hereby authorized to attest same on behalf of
the City.
Section 3. The Second Amended and Restated Joint Exercise of Powers
Agreement Creating the Foothill /Eastern Transportation Corridor Agency, on file with
the Clerk of the Council is hereby approved, with such non - substantive changes as may
be approved by the City Attorney, and the Mayor is hereby authorized to sign and the
City Clerk is hereby authorized to attest same on behalf of the City.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 2nd day of December, 2002,
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2002 -104
Page 2 of 3
Alvarez, Bist, Christy. Franklin, Garcia, Pulido.
Solorio (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002 -104 to be the original resolution adopted by the City
Council of the City of Santa Ana on December 2. 2002.
Date: � Da —� r�J '4�'
Clerk of the Council
City of Santa Ana
Resolution No. 2002 -104
Page 3 of 3
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Brett E. Franklin
COUNCIL MEMBERS
Claudia C. Alvarez
Lisa Bist
Alberta D. Christy
Mike Garcia
Jose Solorio
�,.I
,
C ` T � A c dal A A A
MINUTES EXCERPT
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
MEETING DATE: December 2, 2002
COUNCIL MEMBERS PRESENT: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio
(7)
ABSENT: None (0)
55.B. ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO THE SAN JOAQUIN
HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES
JOINT POWERS AGREEMENT
Motion: Adopt resolution.
RESOLUTION NO. 2002 -104 - A resolution of the City Council of the City of Santa
Ana approving second amended and restated joint exercise of powers agreements
for the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern
Transportation Corridor Agency
MOTION: Christy
VOTE: AYES:
ABSENT:
STATE OF CALIFORNIA
COUNTY OF ORANGE
SECOND: Franklin
Alvarez, Bist, Christy, Franklin, Garcia, Pulido
Solorio (7)
NOES: None (0)
None
I, PATRICIA E. HEALY, Clerk of the Council of the City of Santa Ana, California, hereby certify the
foregoing to be a full, true and correct copy of the minute action on record in this office.
IN WITNESS WHEREOF, I ave hereunto set my hand and seal this 2 "d day of December, 2002.
Patricia E. Healy,
Clerk of the Council
20 CIVIC CENTER PLAZA, M30 • P.O. BOX 19611 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647 -6520
E -MAIL phealy @ci.santa- ana.ca.us FAX (714) 647 -6956
jwf/1 1/25/02
RESOLUTION NO. 2002 -104
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING SECOND. AMENDED AND
RESTATED JOINT EXERCISE OF POWERS
AGREEMENTS FOR THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY AND THE
FOOTHILL /EASTERN TRANSPORTATION CORRIDOR
AGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is a party to: (i) that certain First Amended and Restated Joint
Exercise of Powers Agreement creating the San Joaquin Hills
Transportation Corridor Agency, which first became effective October 17,
1988, and, (ii) that certain First Amended and Restated Joint Exercise of
Powers Agreement Creating the Foothill /Eastern Transportation Corridor
Agency, which first became effective October 21, 1988 (collectively as
amended, the "Joint Powers Agreements "); and, - -
B. The governing bodies of both joint powers agencies have unanimously
recommended that the Joint Powers Agreements be amended and
restated respectively as provided in the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, and the Second Amended and Restated
Joint Exercise of Powers Agreement Creating the Foothill /Eastern
Transportation Corridor Agency (collectively the "Second Amended and
Restated Joint Powers Agreements ") to permit the creation of a third joint
powers agency to assume joint operational and financial management of
two separate agencies; and,
C. The City Council hereby determines that it is in the best interest of the City
to approve the Second Amended and Restated Joint Powers Agreements
and to authorize the Mayor to execute on behalf of the City the Second
Amended and Restated Joint Powers Agreements.
Section 2. The Second Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with
the Clerk of the Council is hereby approved, with such non - substantive changes as may
be approved by the City Attorney, is hereby approved and the Mayor is hereby
Resolution No. 2002 -104
Page 1 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002 -104 to be the original resolution adopted by the City
Council of the City of Santa Ana on December 2, 2002.
Date: �z 4A -v
Clerk of the Council
City of Santa Ana
T f FOREGOING DOCUMENT IS A FULL TRUE a
7HE ORIGINAL ON FILE IN THIS OFFICE.
❑ THE ORIGINAL ON FILE IN
ATTFRT-_� _ .. 7
BY
OF
Resolution No. 2002 -104
Page 3 of 3
WALTER - NOSSAMAN
(1830 -1964)
WILLIAM E. GUTHNER, JR.
(19321999)
SAN FRANCISCO
— THIRTY FOURTH FLOOR
50 CALIFORNIA STREET
SAN FRANCISCO, CA 94111 -4707
(415( 3903600
LOS ANGELES
THIRTY -FIRST FLOOR
445 SOUTH FIGUEROA STREET
LOS ANGELES, CA 90071 -1602
IS 13) 0124000
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
SUITE 1800
18101 VON KARMAN AVENUE
IRVINE, CALIFORNIA 92612 -0177
TELEPHONE (949) 833 -7800
FACSIMILE (949) 033 -7878
VIA OVERNIGHT DELIVERY
MONICA M. LAWRENCE
DIRECT DIAL NUMBER
(9491477 -7625
EMAIL mlawrence @nossaman.com
March 28, 2003
Rose Ann Trujillo, Sr. Deputy Clerk of City
Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, CA 92702
JOHN T. KNOX
WARREN G. ELLIOTT
OF COUNSEL
WASH I NGTON,p _C,
SUITE 370 S
001 13"' STREET N.W.
WASHINGTON, D . 20008
(202) 703 -7272
SACRAMENTO
SUITE 1000
915 L STREET
SACRAMENTO, CA 950143705
(9 16) 442 -8888
REFER TO FILE NUMBER
190477 -0096
Re: 1/ Foothill /Eastern and San Joaquin Hills Transportation Corridor Agen
Second Amended and Restated Joint Exercise of Powers Agreements
Dear Ms. Trujillo:
Enclosed for your records are the execution pages for the above- referenced
Agreements for all acting member agencies (Rancho Santa Margarita and the County of Orange
have not adopted the Agreement(s)). The Corridor Agencies have retained the Agreements with
original execution signatures for all acting member agencies.
Please contact our office if you have any questions or require farther information.
Very truly yours,
4) lae o
Monica M. Lawrence
Paralegal
MML
Enclosures (1)
cc: Transportation Corridor Agencies (w /o enc.)
227723_1.DOC
REQUEST
COUNCIL
FOR
ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2002
TITLE:
RESOLUTION - AMENDMENTS TO
THE SAN JOAQUIN HILLS AND
FOOTHILL /EASTERN
TRANSPORTATION CORRIDOR
AGENCIES' JOINT POWERS
AGREEMENT`
CITY MANAGER
RECOMMENDED ACTION
Edunaon ls�
CLERK OF COUNCIL USE ONLY:
/_T7:
�s Recommended DEC 0 2 `N O?
❑ As Amended
❑ Ordinance on I" Reading
Ordinance on 2nd Reading
Implementing Resolution ur
Set Public Hearing For
CONTINUED TO
FILE NUMBER
,cepp""
.$0 ®ZOO67,—I01
#q - acex -;Zyl
i4 -2oo2 , ;?- K! A
Adopt a resolution authorizing the City of Santa Ana to execute the second
amended and restated joint exercise of power agreement creating the San t
Joaquin Hills Transportation Corridor Agency and he second amended and
restated joint exercise of powers agreement creating the Foothill /Eastern
Transportation Corridor Agency. C A -200Z-'7 W AJ
In 1986, the San Joaquin Hills Transportation Corridor Authority (SJHTCA)
and the Foothill /Eastern Transportation Corridor Authority (F /ETCA) were
created to plan, design, finance, and construct two new major highways -
one coastal- and one - inland - in Orange County. In 1987, the State
Legislature approved legislation granting both agencies the authority. to
collect tolls and issue toll revenue bonds.
In 1993, the SJHTCA issued $1.2 billion in toll revenue bonds to fund
construction of the San Joaquin Hills (73) Toll Road. The Toll Road
opened in 1996. In the first year of operation, initial toll revenue
achieved only 50 percent of projected revenue. In response, the SJHTCA
took advantage of a favorable investment rate climate and refinanced
nearly all of its original bonded debt in 1997. Federal law only permits
one advanced refunding.
Since 1997, SJHTCA toll revenue and transactions have grown by more than
10 percent per year. However, this growth rate has not been sufficient to
keep pace with projections and an escalating debt service structure.
The SJHTCA Toll Road is currently operating at 77 percent of the revenue
projections that were forecast during the 1997 refinancing. In contrast,
Paae 125 55MBE
Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies' Joint Powers Agreements
December 2, 2002
Page 2
the Foothill /Eastern Corridor is currently operating at approximately 107
percent of revenue projections established in 1999.
In February 2002, Fitch Investor Services, one of the 'three rating
agencies that rate Transportation Corridor Agencies (TCA) bonds,
downgraded a portion of the SJHTCA's bonds to a non - investment grade
rating. Immediately following the downgrade, the SJHTCA Board of
Directors hired two independent financial consultants to work with SJHTCA
staff to independently evaluate all financial options available to the
agency to establish long -term financial stability.
After the analysis, the financial team concluded that consolidation of the
SJHTCA and F /ETCA into a single agency was the only viable option for
establishing long -term financial stability for the toll -road system. This
consolidation would allow the two agencies to restructure outstanding
debt, streamline operations, diversify the revenue base, and strengthen
the agencies' ability to complete the toll -road system.
In April 2002, the SJHTCA Board unanimously voted to request the F /ETCA
Board to consider consolidation into a single joint powers authority. In
June 2002, the F /ETCA Board voted unanimously to proceed with the
potential consolidation. In October 2002, the SJHTCA and F /ETCA Boards
considered governing board structure options for a combined agency. The
Boards selected a 21- member board structure consisting of one
representative from each City and County Supervisorial District currently
represented on the existing TCA Boards (18 City and three County members).
On November 14, 2002, the Boards unanimously approved amendments to the
existing Joint Powers Agreement, which would permit this proposed
consolidation of the agencies.
Accordingly, the SJHTCA requests that member agencies, including the City
of Santa Ana, adopt proposed amendments to the Joint Powers Agreement.
The amendments would establish the legal foundation and framework for the
potential consolidation of the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies. Adopting the amendments does not create
the consolidated TCA, but establishes the legal groundwork for the
creation of a new, consolidated agency, only if the SJHTCA and F /ETCA
Boards vote to proceed with consolidation.
i' Page i
Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern
Transportation Corridor Agencies' Joint Powers Agreements
December 2, 2002
Page 3
FISCAL IMPACT
There is no direct financial impact to the City. Member agencies will
continue to be protected from debts, liabilities and obligations of the
San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern
Corridor Agency.
Page 127 550
WALTER L NOSSAMAN
(1866 -1904)
WILLIAM E. GUTHNER, JR.
(19321999)
56H FRANCJ.5CO
THIRTY - FOURTH FLOOR
50 CALIFORNIA STREET
SAN FRANCISCO, CA 94111-4707
(415) 39B -3800
LOS AKGEJ,_S
THIRTY -FIRST FLOOR
445 SOUTH FIGUEROA STREET
LOS ANGELES, OA 90071 -1602
(213) 612 -7800
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
SUITE 1800
18101 VON KARMAN AVENUE
IRVINE, CALIFORNIA 92612 -0177
TELEPHONE (949)833 -7800
FACSIMILE (949) B33 -7878
VIA OVERNIGHT DELIVERY
MONICA M. LAWRENCE
DIRECT DIAL NUMBER
(949)477 -7525
EMAIL mlawrence ®nossaman.com
March 28, 2003
Rose Ann Trujillo, Sr. Deputy Cleric of City
Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, CA 92702
JOHN T. KNOX
WARREN G. ELLIOTT
OF COUNSEL
SLIHINGZON. C,
SUITE 370 -S
801 13'" STREET N.W.
WASHINGTON, O.C. 20005
(202) 753 -7272
SACR6MENT(2
SUITE 1000
915 L STREET
SACRAMENTO, CA 95014 3705
(910) 442 -BBBB
REFER TO FILE NUMBER
190477 -0096
Re: Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies'
Second Amended and Restated Joint Exercise of Powers Agreements
Dear Ms. Trujillo:
Enclosed for your records are the execution pages for the above- referenced
Agreements for all acting member agencies (Rancho Santa Margarita and the County of Orange
have not adopted the Agreement(s)). The Corridor Agencies have retained the Agreements with
original execution signatures for all acting member agencies.
Please contact our office if you have any questions or require further information.
Very truly yours,
�4l0
Monica M. Lawrence
Paralegal
MML
Enclosures (1)
cc: Transportation Corridor Agencies (w /o enc.)
227723_1.DOC
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
222571_7.DOC
11/I9/02 1:30 PM
ATTEST:
Clerk of the City of Aliso Viejo
By: /0-Q.C.C.L C Q-
Dated: 03-05-03
IMP OVED AS O FO
By:
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
City Counsel
-19-
CITY OF ALISO VIEJO
By: _
Mat,/
CITY OF COSTA MESA
By:
Mayor
CITY OF DANA POINT
By:
Mayor
ATTEST:
Clerk of the City of Aliso Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:, S Z.
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
IN
City Counsel
-19-
CITY OF ALISO VIEJO
By:
Mayor
CITY OF CO;
By:
7AMayor
MESA
V- - OS•OZ
CITY OF DANA POINT
By:
Mayor
ATTEST:
CITY OF ALISO VIEJO
Clerk of the City of Aliso Viejo By:
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Mayor
CITY OF COSTA MESA
Clerk of the City of Costa Mesa By:
By: _
Dated:
APPROVED AS TO FORM:
City Counsel
Mayor
ATTEST: CITY OF DANA POINT
Clerk of the City of Dana Point By: _
a r
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
50
9
ATTEST:
Clerk of the City of Irvine
ated• � - 7- ,2 �O '�
ATTEST:
Clerk of the City of Laguna Hills
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
Kill
CITY OZINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
CITY OF LAGUNA NIGUEL
By:
Mayor
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Hills
By:
ar y4t arIson, City Clerk
Dated:
APPROVED AS TO FORM:
By: yp
City Counsel
Lois E. Jeffre
ATTEST:
Clerk of the City of Laguna Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
-20-
CITY OF IRVINE
By:
Mayor
CIT
By:
CITY OF LAGUNA NIGUEL
By:
Mayor
t
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Hills
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Niguel
1
Y. t �- ��D 6 d: G
I t
By: O ,
By:
IlIOA'02
K12
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
I:
OF
NIGUEL ,
ATTEST:
Clerk of the City of Laguna Woods
BYE
Dated:. 'd 3
APPR VFD AS TO FORM:
Y�
City Coun el
ATTEST:
CITY OF MISSION VIEJO
Clerk of the City of Mission Viejo By:
Mayor
By:
Dated: t
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF NEWPORT BEACH
Clerk of the City of Newport Beach By:
Mayor
By: _
Dated:
APPROVED AS TO FORM:
Lm
City Counsel
-21-
ATTEST:
CITY OF LAGUNA WOODS
Clerk of the City of Laguna Woods By:
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated: —C
APPROVED AS TO FORM:
By: A�
City Counsel
ATTEST:
Mayor
CITY OF ISSIOJO
By: ,Zs
Mayor
CITY OF NEWPORT BEACH
Clerk of the City of Newport Beach By:
By: _
Dated:
APPROVED AS TO FORM:
IC
City Counsel
-21-
Mayor
ATTEST:
Clerk of the City of Laguna Woods
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Newport Beach
By: 7U✓ C -P). / � -�
Dated: f / /� d 3
APPROV D AS TO FORM:
Counsel
CITY OF LAGUNA WOODS
By:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF NEWPORT BEACH
By: C
Mayor
-21-
ATTEST: CITY 0 SAN MENTE
Clerk of the City of San Clemente By:
M or
is /j'
D.
APPROVED AS TO FORM:
By:
ity unsel
ATTEST:
5FN
FEBRUARY 2$,
,"PIZ t928
CITY OF SANTA ANA
Clerk of the City of Santa Ana By:
M
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of San Juan Capisttano
By: _
Dated:
APPROVED AS TO FORM:
By:
City Counsel
-22-
Mayor
CITY OF SAN JUAN CAPISTRANO
07
Mayor
ATTEST:
Clerk of the City of San Clemente
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF SAN CLEMENTE
By:
Mayor
ATTEST: I CITY OF SAN JUAN CAPISTRANO
Clerk of the City of San Juan Capistrano By:
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
_22_
Mayor
ATTEST:
Clerk of the City of San Clemente
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Santa Ana
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SANTA ANA
By:
Mayor
ATTEST: CI
Clerk of the City of San Juan /Capistrano By
Date C�tJ✓
APPROVE S TO F RM:
By: _
City o
_22_
222571_7.DOC
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
11/19/02 1:30 PM
TABLE OF CONTENTS
Page
RECITALS................................................................................................. ..............................1
I.
DEFINITIONS ............................................................................................. ..............................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 ............................................................................................. ..............................7
3.5 Quorum .............................................................................................. ..............................7
3.6 Powers and Limitations Thereon ....................................................... ..............................8
3.7 Minutes .............................................................................................. ..............................8
3.8 Rules .................................................................................................. ..............................8
3.9 Vote or Assent of Parties ................................................................... ..............................8
3.10 Officers .............................................................................................. ..............................8
3.11 Committees ........................................................................................ ..............................9
3.12 Additional Officers ............................................................................ ..............................9
3.13 Bonding Requirement ........................................................................ ..............................9
3.14 Status of Officers and Employees ...................................................... ..............................9
IV.
FEES ............................................................................................................ ..............................9
4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties ..................9
4.2 Annual Review of Fees ..................................................................... .............................10
4.3 Payment ............................................................................................. .............................10
-i-
TABLE OF CONTENTS (cont'd)
Page
4.4 Compensation of Agency for Acquisition of Rights -of- Way .......... ..............................1
l
V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE
AGENCIES................................................................................................. .............................11
5.1 Joint Action with Other Agencies ..................................................... .............................11
5.2 Communications Between Corridor Agencies ................................. ..............................1
l
5.3 Lending and Borrowing Funds Between Agencies .......................... .............................12
VI. BUDGET AND DISBURSEMENTS ......................................................... .............................12
6.1 Annual Budget .................................................................................. .............................12
6.2 Disbursements ................................................................................... .............................12
6.3 Accounts ........................................................................................... .............................12
6.4 Expenditures Within Approval Annual Budget ............:................... .............................12
6.5 Audit ................................................................................................. .............................13
VII. SECURITIES ........................................................................................ .............................13
7.1 Securities ........................................................................................... .............................13
VIII. LIABILITIES ........................................................................................ .............................13
8.1 Liabilities .......................................................................................... .............................13
8.2 Hold Harmless and Indemnify .......................................................... .............................13
IX. ADMISSION AND WITHDRAWAL OF PARTIES ................................ .............................14
9.1 Admission of New Parties ................................................................ .............................14
9.2 Withdrawal ........................................................................................ .............................14
X. TERMINATION AND DISPOSITION OF ASSETS ................................ .............................15
10.1 Termination ....................................................................................... .............................15
10.2 Distribution of Property and Funds ................................................... .............................15
XI. MISCELLANEOUS ................................................................................... .............................16
11.1 Amendments ..................................................................................... .............................16
11.2 Notice ................................................................................................ .............................16
-ii-
TABLE OF CONTENTS (cont'd)
11.3 Effective Date ......................... ...............................
11.4 Arbitration ............................... ...............................
11.5 Partial Invalidity ...................... ...............................
11.6 Successors ............................... ...............................
11.7 Assignment ............................. ...............................
11.8 Execution ................................ ...............................
11.9 Third Party Beneficiary ........... ...............................
-iii-
SECOND AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
THIS SECOND 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
_ day of ' 200_, the date on which ten or more of the following public agencies
executed this Second Amended and Restated Joint Exercise of Powers Agreement Creating the
San Joaquin Hills Transportation Corridor Agency:
a. County of Orange
b. City of Aliso Viejo
C. City of Costa Mesa
d. City of Dana Point
e. City of Irvine
f. City of Laguna Hills
g. City of Laguna Niguel
h. City of Laguna Woods
City of Mission Viejo
j. City of Newport Beach
k. City of San Clemente
City of San Juan Capistrano
m. City of Santa Ana
RECITALS
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 San Joaquin Hills Transportation Corridor, and desire to impose such a fee
222571_7.DOC
pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and
construction of major thoroughfares and bridges in the SAN JOAQUIN HILLS 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 tinder Article 1, Chapter 5, Division 7, Title 1 of the Government Code of
the State of California (the "Joint Powers Act "). With the adoption of Chapter 649, Statutes
1999, the California State Legislature amended the Joint Powers Act to authorize any joint
powers authority formed pursuant to the Joint Powers Act to enter into an agreement with other
"Public agencies" (as defined in the Joint Powers Act) to jointly exercise any power common to
the contracting Parties.
E. The Parties have determined that is in their best interest to authorize the Agency
formed pursuant to this Agreement to exercise the authority provided by the Joint Powers Act to
enter into agreement with other pubic agencies for the purpose of jointly exercising any power
common to the Agency and any other such public agencies.
F. 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.
G. 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.
H. The Parties hereto entered into this Agreement with the express understanding
that the acquisition of rights -of -way and similar property interests necessary for the construction
of transportation facilities pursuant to this Agreement shall be accomplished at little or no
expense to the members hereto or to the Agency created hereunder. However, it is recognized by
the Parties hereto that prior to the execution of this Agreement, the County of Orange, as the sole
responsible Party for the administration of the Orange County Major Thoroughfare and Bridge
Fee Program, assumed the right and obligation to acquire a certain right of way located in the
City of Laguna Beach ( "Sycamore Hills ") in the area of Tentative Tract Map No. 8965 not
available for dedication in addition to certain other property, and such right and obligation shall
be assumed by the Agency but only to the extent of the aliquot value of such right of way.
I. 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.
-2-
J. 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.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the Parties hereto agree as follows:
I.
DEFINITIONS
1.1 For the purposes of this Agreement, the following words shall have the following
meanings:
a. "Agreement" means this Second Amended and Restated Joint Exercise of
Powers Agreement, as amended from time to time.
b. "Agency" means the SAN JOAQUIN HILLS 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 Members" means 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.
g. "Chief Executive Officer" means the chief operating employee selected by
the Board to manage the day -to -day activities 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 Chief Executive Officer shall not be an employee of any individual Party.
h. "F /E Agency" means the Foothill/Eastern Transportation Corridor Agency
formed by the parties to the F/E Agreement.
i. "F/E Agreement' means that certain Second Amended and Restated
Foothill /Eastern Transportation Corridor Agency Agreement.
"Fiscal Year" means July 1 st to and including the following June 30th.
k. "Joint Transportation Corridor Agency" has the meaning assigned such
term in Section 2.3(m).
-3-
1. "Joint Transportation Corridor Agency Agreement' has the meaning
assigned such term in Section 2.3(m).
m. "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
public entity executing an amendment of the original agreement as hereinafter provided.
n. "Quarter" means July i st to and including September 30th, October 1 st 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 "SAN JOAQUIN
HILLS 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 San Joaquin Hills Transportation
Corridor 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 thoroughfares and bridges in the San Joaquin Hills Transportation Corridor.
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 financing, and construction of the San Joaquin Hills
Transportation Corridor;
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;
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,
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 enter into a joint powers agreement with any public agency authorized
by Government Code Section 6500 et seq. for the purpose of jointly exercising common powers
-5-
under Government Code Sections 6500 et seq. and 66484.3. Any such agreement with the F/E
Agency for the joint planning, financing and construction of major thoroughfares and bridges (a
"Joint Transportation Corridor Agency Agreement ") shall provide for the formation of a separate
authority (a "Joint Transportation Corridor Agency ") to carry out the purposes of such Joint
Transportation Corridor Agency Agreement. Such Joint Transportation Corridor Agency
Agreement shall provide that: (i) the board of directors of such Joint Transportation Corridor
Agency shall be composed of one (1) voting member appointed by the legislative body of each
city that is a party to either or both this Agreement and the F/E Agreement from time to time, and
three (3) voting members from the County of Orange, said members to be the duly elected
supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts, , (ii) each
such board member shall also have an alternate appointed by the legislative body of the relevant
City or the County appointing such board member consistent with this agreement, (iii) not less
than two- thirds (2/3) of the members of such board shall constitute a quorum for the purposes of
the transaction of business relating to the Joint Transportation Corridor Agency, and (iv) such
board may adopt any motion, resolution or order and take any other action they deem appropriate
by a vote of the lesser of (a) sixteen (16) such board members, (b) seventy seven percent (77 %)
of those board members present and qualified to vote, or (c) such lesser number or percentage of
votes (but not less than a majority) that is the requisite vote necessary to maintain the tax - exempt
status of debt issued by the Joint Transportation Corridor Agency, as supported by an opinion of
a nationally recognized bond counsel selected by such board.
n. 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 Aliso Viejo, Costa Mesa, Dana Point, Irvine, Laguna
Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport
Beach, San Clemente, San Juan Capistrano, and Santa Ana.
(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.
0
(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 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 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. 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 Quoru m.
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.
-7-
3.6 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 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.
3.9 Vote or Assent of Parties.
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 Chief Executive Officer 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 1 st of each year. Except for the Chief Executive Officer,
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 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.
3.13 Bonding Requirement.
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.
3.14 Status of Officers and Employees.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, workers 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 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties.
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 signatory 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 constructing
major thoroughfares and bridges, in accordance with California Government Code Section
-9-
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.
If the Agency has entered into a Joint Transportation Corridor Agency Agreement
pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may
provide that the board of directors of the Joint Transportation Corridor Agency shall be
responsible for undertaking the annual or more frequent review of the above - described fee
program, and shall have the power to modify the fees to be imposed by the Parties hereto upon
approval of such modification by such board of directors in accordance with the terms of the
Joint Transportation Corridor Agency Agreement. In such event, each Party shall impose said
revised fee as provided herein as if such revised fee had been approved by the Board in
accordance with this Section 4.2.
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 Parry 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 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.
-10-
If the Agency has entered into a Joint Transportation Corridor Agency Agreement
pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may
authorize the Joint Transportation Corridor Agency to manage the finds collected pursuant to
said fee program. In such event, each Party agrees (i) to hold said fees in trust for the Joint
Transportation Corridor Agency, (ii) to pay such fees to the Joint Transportation Corridor
Agency as provided herein with respect to the Agency, (iii) to permit the Joint Transportation
Corridor Agency to audit such Party as provided herein with respect to the Agency, and (iv) that
in the event any dispute arises as to the amount of fees assessed any person under the fee
program, if the Joint Transportation Corridor Agency Agreement so provides, such dispute shall
be managed by the Joint Transportation Corridor Agency and its board of directors in the same
manner as described in the third paragraph of this Section 4.3 with respect to the Agency.
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 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. Except as provided in Recital H of this
Agreement, in the event that a Party fails to acquire these rights -of -way by the above - mentioned
means after the route alignment for the San Joaquin Hills Transportation Corridor is 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. If the Agency has entered into a Joint Transportation Corridor Agency
Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as
authorized by Section 2.3 of this Agreement, the Joint Transportation Corridor Agency shall be
entitled to enforce the respective obligations of each Party arising pursuant to this Section 4.4.
LTA
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, financing, constructing, maintaining, repairing,
managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern
Transportation Corridors 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.
5.2 Communications Between Corridor Agencies.
In the event that the agencies described in Section 5.1 above (other than the Joint
Transportation Corridor Agency) are formed, the chairman or his designate shall meet with the
-11-
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 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 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 Approval Annual Budget.
All expenditures within the designations and limitations of the approved annual
budget shall be made upon the approval of the Chief Executive Officer 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.
-12-
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.
VII.
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 Parry.
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.
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, unless expressly specified herein.
8.2 Hold Harmless and Indemnify.
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 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
-13-
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. If the Agency enters into a Joint
Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor
Agency is formed, then each Party agrees to hold harmless and indemnify the Joint
Transportation Corridor Agency, the board of directors of the Joint Transportation Corridor
Agency, and the members of such board of directors of the Joint Transportation Corridor
Agency, for all matters within the scope of the indemnities made by the Parties in this Section
8.2 with respect to the Agency, the Board and its Members, to the same extent as such
indemnities are made to the Agency, the Board and its Members. -
IX.
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 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.
-14-
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 agreements, 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 six 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.
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 Part a proportionate share of
the contributions 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.
-15-
XI.
MISCELLANEOUS
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 ten or more of the Parties enumerated in the introduction of this Agreement.
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
-16-
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. If the Agency enters into a Joint
Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor
Agency is formed as authorized by Section 2.3 of this Agreement, then each Party agrees that the
arbitration provisions in this Section 11.4 shall apply to any controversy or claim between any
such Party or Parties and the Joint Transportation Corridor Agency arising under, out of, or in
relation to this Agreement.
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.
11.9 Third Party Beneficiary.
In the event that the Agency enters into a Joint Transportation Corridor Agency
Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by
Section 2.3 of this Agreement, such Joint Transportation Corridor Agency shall be a third party
beneficiary of the provisions of this Agreement creating obligations for the benefit of such Joint
Transportation Corridor Agency.
_17_
IN WITNESS WHEREOF, this Second Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency shall be effective as
of the date that not less than three- fourths (3/4) of the Parties listed below have authorized
execution hereof, as evidenced by the authorized signatures below, respectively.
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD:
Name:
Clerk of the Board of Supervisors
Date:
APPROVED AS TO FORM:
County Counsel
IC
Deputy
Date:
-18-
COUNTY OF ORANGE
By:
Name:
Date:
ATTEST:
Clerk of the City of Aliso Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
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
-19-
CITY OF ALISO VIEJO
By:
Mayor
CITY OF COSTA MESA
By:
Mayor
CITY OF DANA POINT
By:
Mayor
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Hills
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
ATTEST: CITY OF LAGUNA NIGUEL
Clerk of the City of Laguna Niguel By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
-20-
ATTEST:
Clerk of the City of Laguna Woods
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Newport Beach
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
-21-
CITY OF LAGUNA WOODS
By:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF NEWPORT BEACH
By:
Mayor
ATTEST:
Clerk of the City of San Clemente
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Santa Ana
ATTEST:
Clerk of the City of San Juan Capistrano
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
-22-
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
a
F
223512_2.DOC
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, January, 1991 and June, 1997)
Exhibit "A"
223512 2.DOC i
TABLE OF CONTENTS
SECTION
TITLE
PAGE
Executive Summary
1
I
Background
4
II
Description of Corridor
5
III
Corridor Planning
6
IV
Estimated Costs
7
V
Overall Financing
10
VI
Area of Benefit
11
VII
Description of Area of Benefit (AOB)
13
VIII
Fees
19
IX
Deferral of Fees
28
X
Criteria for Collection of Fees
28
XI
Development Exactions& Credits
28
XII
Annual Fee Adjustment
31
XIII
City Participation in Fee Program
31
223512 2.DOC i
LIST OF EXHIBITS
EXHIBIT NO.
TITLE
PAGE
I
Area of Benefit Index Map with City
33
Boundaries
II
Resolution 82 -589, Transportation
34 -36
Corridor Development Policy
III
Area of Influence for Corridor Users,
37
San Joaquin Hills Transportation Corridor
IV
Area of Influence for Corridor Users,
38
Foothill/Eastern Transportation Corridors
V
Area of Benefit, San Joaquin Hills
39
Transportation Corridor
VI
Area of Benefit, Foothill/Eastern
40
Transportation Corridor
VII
Fee Program Share of Total Corridor
41 -42
Cost, SJHTC
VIII
Fee Program Share of Total Corridor
43 -44
Cost, F/ETC
IX
Cost Per Trip End Analysis, SJHTC
45
X
Cost Per Trip End Analysis, F/ETC
46
XI
Daily Vehicle Trip Generation Rates
47 -48
223512 2.DOC
- ii
LIST OF TABLES
TABLE NO.
TITLE
IV -1
San Joaquin Hills Transportation 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
223512 2.DOC iii
■MG)0
8
9
13
16
21
23
24
25
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
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/Eastem 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 approximately 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
223512 2.DOC
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 June 12, 1997, fees for each of the fee zones within the Areas of Benefit are:
SJHTC*
Zone A
Zone B
F/ETC **
Zone A
Zone B
Single Family
Residential
$3,133 /unit
$2, 426 /unit
$3,673 /unit
$2,612 /unit
Multi -Unit
Residential
$1, 824 /unit
$1, 416 /unit
$2,144 /unit
$1,520 /unit
Non - Residential
$4.20 /sf.
$3.11 /sf.
$5.10 /sf.
$2.96/sf.
* The foregoing SJHTC fee rates shall be increased on July 1, 1998, and annually thereafter, by
2.667 % without further action by the Board.
** The foregoing F/ETC fee rates shall be increased on July 1, 1998, and annually thereafter, by
2.206% without further action by the Board.
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 the First Amended and Restated Joint Exercise of
Powers Agreement creating the SJHTCA or the F/ETCA, as appropriate. 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.
Portions of seventeen 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
223512_2.DOC
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.
223512_2.DOC 3
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
L BACKGROUND
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
Benefit, 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.
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
223512 2 DOC
have led to the Fee Program defined within this report, and the formation of the San
Joaquin Hills Transportation Corridor Agency and the FoothilUEastern 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/Eastem
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 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 and the Transportation Elements of the General Plans of all city Parties
within which such corridors have been planned to be located.
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
223512_2.DOC
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 the
San Diego Freeway (1 -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 approximately
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 Uses 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 facility is needed
223512_2.DOC
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 include engineering design, administration,
construction inspection, right -of -way acquisition and some financing 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
223512_2.DOC
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
part 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 originally estimated 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:
Engineering & Admin.:
Contingencies:
Right Of Way (in excess of
Major Arterial Hwy):
Total (for purposes of Fee
Program):
$259,736,000
38,960,000
25,974,000
16,990,000
$341,660,000
As of December 1990, the remaining cost of constructing the SJHTC, exclusive
of costs incurred to August 31, 1990, as estimated by Public Resources
Advisory Group ( "PRAG ") and as set forth in the "Transportation Corridor
Agencies Draft Final Report, Update of the Major Thoroughfare and Bridge Fee
Program for the San Joaquin Hills, Foothill and Eastern Transportation
Corridors, December 5, 1990" (the "Deloitte Report") was $746,920,000.
The Statement of Facts in Support of Findings of the Board of Directors of the
San Joaquin Hills Transportation Corridor Agency Regarding "Resolution of the
San Joaquin Hills Transportation Corridor Agency Approving an Annual
Adjustment in the Area of Benefit Fees and Making Certain Findings Related to
Annual Adjustment of the Area of Benefit Fees (597 -05)" (the "1997 SJHTCA
2235122,00-C
Findings ") provides updated estimated cost information for constructing the
SJHTC, as of June, 1997.
B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS (F/ETC)
The cost for constructing the Foothill/Eastern Transportation Corridors was
originally 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
Foothill
Eastern
Total
Construction:
$233,557,000
$143,526,000
$377,083,000
Eng. & Admin.:
35,033,000
21,528,500
56,561,500
Contingencies:
35,033,000
21,528,500
56,561,500
Right Of Way
(in excess of
Major Art. Hwy.):
14,151,000
11,790,000
25,941,000
Total (for purposes of
Fee Program): $317,774,000 $198,373,000 $516,147,000
As of December 1990, as set forth in the Deloitte Report, PRAG estimated the
remaining cost of constructing the F/ETC, exclusive of costs incurred to
August 31, 1990, to be $1,699,240.
The Statement of Facts in Support of Findings of the Board of Directors of the
Foothill /Eastern Transportation Corridor Agency Regarding "Resolution of the
Foothill /Eastern Transportation Corridor Agency Approving an Annual
Adjustment in the Area of Benefit Fees and Making Certain Findings Relating
to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997
F/ETCA Findings ") provides updated estimated cost information for
construction the F/ETC, as of June, 1997.
223512_2.DOC
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 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/Eastem 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.
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%
223512_2.DOC 10
Foothill/Eastern: $516,147,000 $250,228,066 48.5%
As of December 1990, estimated corridor costs, subject to adjustment as previously
stated, and the portion allocated to new development through the MT &B fee program
were:
New Development Fees Fees
Approximate Collected to be
Total Cost Share of Cost % to 8/31/90 Collected
San Joaquin Hills: $ 746,920,000 $ 361,810 48.44 $39,510,000 $322,300,000
Foothill/Eastern: $1,699,240,000 $828,790,000 48.48 $74,160,000 $749,630,000
The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts
related to the estimated corridor costs and the portion allocated to new development
through the MT &B fee program, updated as of June, 1997.
VI.
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 overerossings 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.
AREA OF BENEFIT
In order to establish a 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.
It is clear that both existing developed properties and undeveloped properties will
benefit from construction of the transportation corridors. Development fees are
223512 2.DOC 11
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 form 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 conducted 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 data described above, a select link analysis (program
UROAV) was performed to determine the number of corridor related trip ends which
originate in, or are 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
I/ UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban
Mass Transportation Agency (UMTA) for forecasting travel demand.
2.' South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by
EMA/Transportation Planning Division.
31i UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment
and analysis program.
223512_2.DOC 12
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/Eastem Corridors
include both incorporated and unincorporated territory and generally encompass the
southeasterly half of Orange County as illustrated on 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
Costa Mesa
Dana Point
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Mission Viejo
223512_2.DOC 13
Area Included in AOB
3.2 sq. miles
22.2
5.6
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
City Subtotal
Unincorporated Territory
Total
8.3
3.8
8.2
2.8
54.1
68.3 **
122.4 sq. miles
* Included in the "Unincorporated Territory" area.
* * Including the area within the new incorporated Cities of Mission
Viejo, Dana Point, Laguna Hills and Laguna Niguel
The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of
the City of Newport Beach of 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 FO 1) enters said Upper Newport Bay; thence along the centerline of
Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence
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
223512_2.DOC 14
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 Ranch 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 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
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 of 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
223512_2.DOC 15
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 along the centerline of said Moulton Parkway to El Toro Road, thence
northeasterly along the centerline of said El Toro Road to Paseo de Valencia;
thence southeasterly along the centerline of said El Toro Road to Paseo de
Valencia; thence southeasterly along the center line 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 line 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
Zone B is described by the total San Joaquin Hills Area of Benefit excluding Zone
A as described above.
B. FOOTHILLIEASTERN 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 cites
are included in the AOB:
TABLE VII -2
FOOTHILL/EASTERN AOB BY LOCAL JURISDICTION
City
Anaheim
Irvine.
Lake Forest
Mission Viejo
223512_2.DOC 16
Area Included in AOB
14.1 sq. miles
18.9
Orange
10.6
San Clemente
13.5
San Juan Capistrano
5.0
Santa Ana
2.8
Tustin
11.1
Villa Park
2.1
Yorba Linda
17.7
City Subtotal
95.8
Unincorporated Territory
194.7 **
Total 290.5 sq. miles
* Included within the "Unincorporated Territory" area.
** Including the area within the newly incorporated Cities of Mission Viejo
and Lake Forest.
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 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
annexations 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,
223512_2.DOC 17
ZONE A
Zone A begins at the Orange /San Bernardino County line where said County Line
intersects the centerline of the proposed extension of La Palma 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 comer 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 Tustin Ranch Road; thence southerly along the centerline of
Tustin Ranch Road within the 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
223512_2.DOC 18
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
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 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.
The following discussion describes the methodology used to arrive at the fee
program's original fee amounts. As explained above, those amounts have been
periodically reviewed and updated based upon revised data.
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 -l.
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 percent " (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 s' 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.
4% Caltrans, LARTS 1976 Urban Rural Survey.
5 ibid.
223512_2.DOC 19
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 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.
(As of January, 1991, shares were 48.44% for the SJHTC, and 48.48% for the
F/ETC. The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth
additional facts related to the estimated corridor costs and the portion allocated
to new development through the MT &B fee program, updated as of June, 1997.)
2235I2_2.1)OC 20
TABLE VIII -1
FEE PROGRAM SHARE OF CORRIDOR COST
Total Corridor Cost ($)
Developers
Share ( %)
Share ($)
SJHTC
Zone A
28.6%
$97,856,775
Zone B
19.8%
$672643,330
Total $341,660,000
48.4%
$165,500,105
F/ETC
223512_2.DOC
Zone A 25.8% $133,096,099
Zone 22.7% $117,131,975
Total $516,147,000 48.5% $250,228,066
B. Determination of Base Fee
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
SJHTC F/ETC
Zone A $97,856,774 = $74 /TE $133,096,091 = $80 /TE
1,321,160 1,665,922
Zone B $67,643,330 = $46/TE $117,131,975 = $43 /TE
1,462,093 2,730,730
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
21
Hills and Foothill Transportation Corridor studies. Projected growth in
industrial /commercial floor space was generated from MMTS II 6 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 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 cost 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:
6' Employment projections adopted by the Orange County Transportation Commission.
223512_2.DOC 22
TABLE VIII -2
ADJUSTED AOB TRIP ENDS
Land Use Category Zone A
Generated Adjusted
Trip Ends Trip Ends
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Single Family Residential Units 379,452 557,635
Multi -Unit Residential Unit ' 191956 285 051
Neighborhood/Community Coml 448,800 179,520
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone B
Generated Adjusted
Trip Ends Trip Ends
139,368 254,936
240,723 440,312
525,262 210,105
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 Coml
479,662
191,865
1 155 638
462 255
> ,
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:
223512_2.DOC 23
TABLE VIII -3
FEE PROGRAM SHARE BY LAND USE CATEGORY
Single Family Multi -Unit Total Developer's
Residential Residential Non - Residential Share
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A $41,264,990 $21,093,922 $35,497,862 $ 97,856,774
Zone B $11,727,056 $20,254,352 $35,611,922 $ 67,643,330
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone $71,836,800 $17,299,040 $43,960,251 $133,096,091
Zone B $49,186,840 $19,015,503 $48,929,632 $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.
223512_2.DOC 24
TABLE VIII -4
AREA OF BENEFIT FEES
Current Fee*
Original (As of
Land Use Original Fee Calculation Original Fee Rounded Fee 6/1_ 2/97)
* The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.667% without further action by the Board.
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A
Single - Family
$41,264,990 +31,621 units
$1,305 /unit
$1,305 /unit
$3,133 /unit
Multi -unit
$21,093,922 +27,708 units
$761 /unit
$760 /unit
$1,824 /unit
Non - residential
$35,497,862 + 20,021,185 sf
$1.77 /sf
$1.75 /sf
$4.20 /sf
Zone B
Single Family
$11,727,056 +11,614 units
$1,010 /unit
$1,010 /unit
$2,426 /unit
Multi -unit
$20,254,352 +34,389 units
$589 /unit
$590 /unit
$1,416 /unit
Non - residential
$35,661,922 +27,700,559 s£
$1.29 /sf
$1.30 /sf
$3.1Lsf
Current Fee **
(As of
Land Use Fee Calculation Original Fee Rounded Fee 6/12/97)
"The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.206% without further action by the Board.
FOOTHILL/BASTERN TRANSPORTATION CORRIDOR
Zone A
Single - Family
$71,836,800 +55,502 units
$1,294 /unit
$1,295 /unit
$3,673 /unit
Multi -unit
$17,299,040 +22,911 units
$755 /unit
$755 /unit
$2,144 /unit
Non - residential
$43,960,251 + 24,231,767 sf
$1.81 /sf
$1.80 /sf
$5.10 /sf
Zone B
Single Family
$49,186,840 +53,651 units
$917 /unit
$920 /unit
$2,612 /unit
Multi -unit
$19,015,503 +35,558 units
$535 /unit
$535 /unit
$1,520 /unit
Non - residential
$48,929,632+ 46,616,669 fees
$1.05 /sf
$1.05 1sf
$2.96/sf
223512_2.130C
25
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 define 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.
223512_2.DOC 26
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:
San Joaquin Hills AOB (Zone A):
(100 D.U. x $1305/D.U.) _ $130,500
(300 D.U. x $760/D.U.) _ $228,000
(25,000 S.F. x $1.75 S.F.) _ $ 43,750
Total fee for development if located in
Zone A of SJHTC AOB = $402,250
Foothill/Eastem AOB (Zone B):
(100 D.U. x 920/D.U.) _ $ 92,000
(300 D.U. x $535/D.U.) _ $160,500
(25,000 S.F. x $1.05 /S.F.) _ $ 26,250
Total fee for development if located in
Zone B of Foothill/Eastem AOB = $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:
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.) _ $ 9,000
Total fee for development if located in
Zone A of Foothill/Eastem AOB = $ 9,000
223512_2.DOC - 27
IX. DEFERRAL OF FEES
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.
X. 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.
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:
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
223512_2.DOC 28
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.
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 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 development not requiring subdivision is conditioned to construct or
grade portions of the transportation corridors or dedicate right -of -way, reimbursement
agreements shall be executed prior to issuance of any building permits within the
project boundaries.
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
223512_2.DOC 29
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 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:
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 as hereinafter provided. As of June 12, 1997, the fee credit rate is
$61,981 per acre for the SJHTC, and $58,262 per acre for the F/ETC, 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 (the
"Creditable Acreage "). Beginning July 1, 1998, and annually thereafter, the
foregoing fee credit rate for the SJHTC shall be increased by 2.667 %, and the
foregoing fee credit rate for the F/ETC shall be increased by 2.206 %, without
further actions by the Boards. Additional credit will be given for the Creditable
Acreage in the amount of the difference from time to time existing between
$75,000 and the then existing fee credit rates ( "Supplemental Credit').
Notwithstanding the foregoing, Supplemental Credits may not be used by
developers to offset Development Fees until such time as the completed
Corridor is opened to traffic, and all rights to reimbursement arising out of
Supplemental Credits shall be subordinate to the liens of any holders of bonds
issued by the TCA. Beginning on the date the entire Corridor is opened to
traffic, interest on the value of the Supplemental Credits shall be calculated at
the co- mingled rate earned by the Orange County Treasurer on general funds.
Grading
Credit will be given for earthwork, road and slope drainage, buttressing,
stabilization, hydroseeding and erosion control within the right -of -way (hinge
point to hinge point) excluding slope and drainage easements in an amount to be
2235I2_2.DOC 30
determined on a case by case basis according to current design and grading
plans.
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 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.
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 as provided above, and further adjusted by the Agencies to reflect updated
project cost estimates, substantial 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 seventeen 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
223512_2.DOC 31
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.
223512_2.DOC 32
z .t„
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31
2 EXHIBIT 11
3 RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
S April 21, 1982
6 On motion of Supervisor Kieder, duly seconded and carried, the
7 following Resolution was adopted:
S WHETEAS, development of lands is occurring which contributes
9 directly to the need for transportation corridors; and
10 said development nay obstruct future right -of -way. for
11 the ran-sportation corridors; and
12 WEEREASe development benefitting from implementation of the
13 transportation corridors should contribute toward the cost generali5
14 in proportion to the need generated; and
15 WHEREAS, right-of-way for fhe transportation should be protect(
s•
Y
16 as development occurs; and
m=
17 ' e grading should be accOmplishad, whenever possible, in
Y
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 where,
22 the transportation needs of that development require those.facilit_e
23 for access; -.and
24 WHEREAS, development policies for the implementation of the
25 transportation corridor will provide a basis for planning of future
26 development and serve as notice to the public as to the future
27 locations of the corridors;
,a 28
(G:dh Resolution No. 82 -598
Transportation Corridors
Development Policy
� t,
I
NOI', THi..(c:r'ORE, BE IT RESOLVED that as a condition
of abpro�•.
2
of subdivisions containing within their boundaries
portions of
3
transportation corridors shown on the Transportation
Element of
4
County General Plan the developer shall:
3
1. Dedicate right- of-way to County.
6
2. Grade corridor right-of-way in accordance with
schematic
7
plans approved:-on.-the tentative nap and rough grading plans appro
6
by the Director, 22%.
g
3. Construct arterial overcrossings for internal
arterials.
10
Width of ovsrcrossing structure (i.e., number of travel
lanes) is
11
be determined based upon vehicular and pedestrian traffic
generate
12
by the proposed project.
13
4. Construct corridor travel lanes and interchange
ramps
14
required immediately for access to proposed development or system
J
y1
I3
continuity (closure of short gaps). Number of lanes required i
s
16
based upon traffic generated by proposed project.
• =i
3,
17
S. Participate, Among other designated beneficiaries;.:ia
am
IS
established corridor devel o eit fei program. Co- z x incurr`e' d
purs
ly
to-Conditions 2 through 4 shall be creditable against fees. Costs
20
incurred pursuant to Condition 1 shall be creditable against fees
21
the extent that the develop_.e =t fee- program includes said right -o:
22
cost.
23
BE IT FURTHER RESOLVED that EMA is hereby directed to amend
24
appropriate sections of the Subdivision and Zoning Codes to impiez
23
this policy.
26
BE IT FURTHER RESOLVED that EHA is hereby directed to incorpc
27
in General Plan amendment elrments, zoning actions, area plans any
28
site plans recommendations appropriate for implementing this po1�
35
2
3
1
S
6
7
s
9
10
11
12
13
1{
1s''
Y Y
16
a=
17
V
1s
19
20
21
22
23
2(
2s
26
n
,i Za
<G: db
EXHIBIT II
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA `
April 21, 1982
On Motion-of Supervisor Wieder, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, development of lands is occurring which contributes
directly to the need for transportation corridors; and
WHEREAS, said development way obstruct future right -of- way -for
the transportation corridors; and
WHEREAS, development benafitting from implementation of the
transportation corridors should contribute toward the cost generali3
in proportion to the need generated; and
SEAS, sight- of-way for * the transportation should be protects
as development occurs; and
irEREAS, grading should be accomplished, whenever possible, in
conjunction with the grading and development of surrounding propert-3
and
SAS, implementation of. logical increments of the corridor
should occur in conjunction with the land development process wheaei
the transportation needs of that development require those `acilit_i
for access; -and
WHEREAS, development policies for the implementation of thc.
.transportation corridor will provide a basis for planning of future
development and serve as notice to the public as to the future
locations of the corridors;
Resolution No. 82 -598
Transportation Corridors
Development Policy
34
1
2
3
{
S.
6
7
s
9
to
I 1,
12 ,
13 f I
14 l J �
I� 7
I •
I Y
s
a=
17
Y
bE IT ivkj'F.::k RESOLVED that ryA is hereby directed to begin
analyzing potential areas of benefit as an adjunct to the Ora.nge Co
Orange County Transportation Commission Transportation Finance Stu
BE IT FURTHER RESOLVED d that affected cities be requested to adc
similar policies.
DE IT FURTHER RESOLVED that E & is hereby
expeditiousl directed o. proceed
y:vith the establishment of a fee program.
is FPYES:
19
.O
as
22
23
24
23
26
27
a
2s
NOES:
ASSESCI:
ima
STATE OF CALIFORt(IA
COUKfT OF MANGE ))
ss.
Y. JUNE ALEXANDER, Clerk of the Board of Supervisors of
hereby certify that the adore and foregoing Resolution Is s Orange County. Cali
the said Board at a regular �tinQ thereof kald an y ft9Nlarl �adoot
19 82 and passed by a u the 21st dsy-of n{�rit
vote of said IN Ul -THESS WEREDF. I have hereunto set
x °ril 79 s2 °7 end a meal this 21st daY
A
UK EXAKNP
Clerk o e'Board of Suaervi�nr
Of Orange Covaity C�1iFaiz,ia
z�
1
2
3I
5
6
7
Z
9
to
II
12
13
14
bE IT it•h:Hi;h RESOLVED that EN,A is hereby directed_ to begin
analyzing potential areas of benefit as an adjunct to the Orange Co
Orange County Transportation Commission Transportation y- Inance Stud•
BE IT FURTHER RESOLVED that affected cities be requested to adt
similar policies.
DE IT FURTHER RESOLVED that EMA is hereby directed to
expeditiously:vith the "establishment of a fee program.
..
1
.r
3eli
lE
AYES: SUPEP.YISORS
ZVMX TT IL UMMER' RALPH s. CLARK
s xrm ROGER F
19
,ro
NOES: SUPERVISOPS
1i01�
21
AS SUM SUPERVISORS
ER= NESTANDE A= THO:`SAS F_ RILEY
STATE OF CALIFORNIA
22
COUNTY OF ORANGE
23
24
I. JUNE ALEXANDER' Clerk of the Board of Supervlsors of Orange Cour-ty, Cali
hereby certify that the above and foregoing Resolution
22
the said Board at a aregula�
was duly a�a2l�rgylairl adoot
•tttiag thermf held on the 21st '
19 lit passed by a
an Mimo • diY'of
vote of said �-
Z
-
26
IN WITNESS WHEREOF.
Anvil 19
?! grese:sta
I hive hereunto set my tune and •:
21st - .gay
27
82bal'thls
28
a
Clerk of•the�goard of Supervisor
Of Orange•Cflu,�ty Cal'lifbrnir
36
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page 1 of 2
tLE Vi,3GRA.`( SWM Or TOTAL. CORRIDOR COST
SAN 3oAQOIN KMT S TRANSPORTATIC1t CORRIDOR
Outside
Zone A Zone n
ADS
Corridor User Trip+.;..:
xit OOne or troth Earls In Zone
Trips beginning and ending in soae
Mips due to growth) 27,109
5,090
9,116
(Total trips) 298047
9,811
22,195
in/oat Tripe
(,rips 8u4 to growth) 60145
25,834 -
49,798
(Total trips) 78,820
35,345
69,894
Out/in Trips
(Sripa due to growth) 57,362
28,141
50,274
(Total trips) 730274
38,582
72,203
Trip Zpd Analysis 171,725
(Trip ands dne to growth)
6S,73S
118,304
(Total trip ends) 210,3.88
l3,S4!
186,487
(percent corridor TE due to growth) 61.701
70.291
63.4N
(Perm oottibor users 42.881
]3.081
38.CL
( percent Cocridot users TZ dos t® :growth)3 35.031
13.41%
24.1-
'Percent carribor TZ line to growth trip 4KAS �Q o
TotAI
2peroeat corrider users TZ by mow TOW trip eel per sane
Sassation of total trip ends
ape corridor users TS doe to growth • percent TE doe to growth
z
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DT2O -19
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Page 1 of 2
TLL PROGM-4 SMUM OT TOTAL CORRIDOR COST
i00THILL/USTL3N TRAHSP=ATiON CORRIDOR
Zone A
Corridor User Trips With One or Both Inds In Zone
Trips beginning ind ending in'snna
(Trips due to growth) 27,922
(Total trips) 21,200
In/Out Trips
(Trips doe to growth)
(Total trips)
out/In Trips
(Trips due to growth)
(Total trips)
Trip W Analysis
CTrip, erbds.dm to growth)
CTotaLl trip on")
(Percent corr0or .. due to growth)l
(Percent .. r. by Zone)'2
(Percent TE doe to growthi
Zane $
9,322
11,657
61,629 310320
80,763 46,004
75,449
83,823
199,922
220,966
a."I
38.1"
34.18E
33,648
45,760
Q3,612
315,074
72.66%
1.9.9st
14.301
Outside
AOS
20,555
37,307
64,217
ta,s12
55,069
79,696
160,396
242,822
66.05%
41.52
27.42
3larcemt oorridoc users Ti: dm to growth - Percent TE due to-growth z
percent cocridor users TE by zone
DT20 -19
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Page 1 of 2
DAILY VffiCLE TRIP GENERATICS RATES
ORAMZ CDONTY INVIRCMUMAL KMG NEE AGr -4CY
August 1912
The folloving is a listing of vehicle trip generation rates used for planning
purposes by the Lnvironmental Mana9ement Agency. These rates have been compiled
from a variety of sources, including County conducted studies, and are.decmed
representative of land uses within Orange County. 'TE/Xsf• is an abbreviation
for trip ends per thousand square feat of gross building floor area. a=/A «e•
refers to trip ends pez developed acre.
INDUSTRIAL
Light Industrial/Iardustrial mark
xarehouse
Dotal -
Motal. �-
assort Hotel (TIC Use)
RELY lMOKAL
Neighborhood Park
Regional Task
state Park
Karim
'each
Colf Coarse
Camt24round
Tennis Club
Haquetball Club
INSTITUTION
llenentary School
Junior High School
High School
Junior College
Church - Weekday
Church - Sunday
Library
47
Tff/Lsf
13
5
25
11
u
42
TE/Acre
176
92
300
9
5
47
to
40
a0
Go
135
310
TL/Other.
i
4 TE/Serth
350 TE/1000'
5 TE/Caspsi
43 TL/Court
31 TE/Court
1.0 TENS tuden
0.9 TE/Stude
1.4 TE /Stude
1.5 TE/Stud�
4
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EXHIBIT II
Page 2 of 2
Land Use TL/Isf
MMIC AL
EOapital 1D
Nursing Bone
O"IC E
TE /Acra TE/Other
200
Cenral Office
is
240
Medical Office
75
ltasaa.rch Center
'
10
40
ALlAIL
Discount store
65
Eardvare/lo.e Improvement
5o
550
Shopping Center - Regional
s0
S00
( 30 Acres)
ShnVing Center - Ck ity
70
900
(10-30 acres)
Sbopoing Center - Heighborbood
13S
1250
( 10-Acres)
R"taurant - Quality (i.e., Velvet Turtle,
110
Sungry Tiger, etc.)
Rastaprant - Eigh Turnover (le., Bob'-9,
350
Desmy's, etc.)
7."taurant - rest rood (i.e., KacDonald's,
900
Carl's Jr., etc.)
Automobile Sales
400
Service. Station
Supernarket
125
Convaaiance Kzrkat (i.e., 7 -31,
550
stop i Co, etc.)
S=ICES
Sank - Walk In
1t0
Sank - Drive In
19S
Savings and Loan - stalk In
65 '
Savings and Loan - Drive In
7S
IRS:denD T20 -22
6/11/85
m
14 7E/Bed
3 TE/Bed
750 TE/Statioa
.c 'ujillo, Rose Ann,.
Fr gym: Amerson, Joyce
S nt: Monday, October 11, 1999 11:49 AM
T, : Trujillo, Rose Ann
S 'eject: San Joaquin Hills Transportation Corridor Agency
Ross' Ann, they need the original nd 3 certified copies of the executed amendment as well 3 certified copies of the
resolution. Please send the information to
Michaal Shonafelt, Esq.
Nossaman, Guthner, Knox & Elliot, LLP
18101 Von Karmen Ave., Suite 1800
Irvine, CA 92612
If you have any additional questions, please let me know.
'
0
%fir- PV . -�
Trujillo, Rose Ann
From: Guy, Jan
Sent: Thursday, October 07, 1999 5:42 PM
To: Trujillo, Rose Ann
Subject: FW: San Joaquin Hills Corridor Resolution
Please. Jan
- - - -- Original Message - - - -- /
From: Amerson, Joyce A � 6
Sent: Thursday, October 07, 1999 5:38 PM
To: Guy, Jan
Cc: Shaw, Cristine; Gomez, Manuel
Subject: San Joaquin Hills Corridor Resolution
Jan, I am assuming that you are sending the resolution approved by the Council (at the October 4) meeting to the Corridor
Agency. FYI, it is my understanding that Councilmember Franklin wanted this information sent back to the Corridor
Agency before their next meeting which is scheduled for October 14. Please let me know if there is anything I need to do.
Thanks!
AMENDMENT NO.5
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the San Joaquin Hills
Transportation Corridor Agency imposed no term and conditions
upon the participation of the City of Aliso Viejo as a party to
the. Agency pursuant to Section 9.1 of the First Amended and
Restated Joint Powers Agreement Creating the San Joaquin Hills
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 costs 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 Cities of Dana
Point, Laguna Niguel, Laguna Hills and the City of Laguna Woods,
as of the 17th 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 San
Joaquin Hills Transportation Corridor Agency, and is amended by
this Amendment No. 5 to such Agreement:
(a) City of Aliso Viejo
(b) City of Costa Mesa
(c) City of Dana Point
(d) City of Irvine
(e) City of Laguna Hills
(f) City of Laguna Niguel
(g) City of Laguna Woods
(h) City of Mission Viejo
(i) City of Newport Beach
follows:
(j) County of Orange (3rd District)
(k) County of Orange (5th District)
(1) City of San Clemente
(m) City of San Juan Capistrano
(n) City of Santa Ana
SECTION 3. 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 Aliso Viejo, Costa Mesa, Dana
Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods,
Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano,
and Santa Ana and the County of Orange (3rd and 5th Districts).
ATTEST:
COUNTY OF ORANGE
Clerk of the Board of Supervisors By:
Chairman
Board of Supervisors
By:
Dated:
Approved as to form:
County Counsel
[continued on next page]
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Hills
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
CITY OF LAGUNA NIGUEL
By:
Mayor
ATTEST:
Clerk of the City of Laguna Woods
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Newport Beach
By:
Dated:
APPROVED AS TO FORM:
City Counsel
CITY OF LAGUNA WOODS
Bv:
Mayor
CITY OF MISSION VIEJO
Bv:
Mayor
CITY OF NEWPORT BEACH
By:
Mayor
ATTEST:
Clerk of the City of Aliso Viejo
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
City Counsel
CITY OF ALISO VIEJO
Bv:
Mayor
CITY OF COSTA MESA
By:
Mayor
CITY OF DANA POINT
By:
Mayor
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
ATTEST:
Clerk of the City of Santa
By. Z
Dated: G7
APPROVED AS TO FORM:
By:
Cit Counsel
CITY OF SAN CLEMENTE
Bv:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CI
By
kdo /7/20/01
RESOLUTION NO. 2001 -058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 5 TO THE FIRST AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTA T ION CORRIDOR AGENCY
BE-IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The County of Orange (Districts 3 and 5), and the cities of Costa Mesa,
Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission
Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa
Ana have executed the First Amended and Restated Joint Exercise of
Powers Agreement Creating the San Joaquin Hills Transportation Corridor
Agency (the "Agreement" and the "Agency "), which Agreement became
effective on October 17, 1988.
B. The incorporation of the City of Aliso Viejo became effective on July 1,
2001.
C. At a public hearing on July 24, 2001, the City of Aliso Viejo enacted
Ordinance No. 2001 -011 adopting the Major Thoroughfare and Bridge Fee
Program in accordance with Section 4.1 of the Agreement, and adopted
Resolution No. 2001 -041 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.
D. The City of Aliso Viejo has requested admission as a party to the Agency.
E. 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 Aliso
Viejo, is required to admit the City of Aliso Viejo as a Party.
Section 2. In anticipation of the events recited above, and in order to enable
the City of Aliso Viejo to participate fully in the Agency's Board meeting on September
13, 2001, the Mayor is hereby authorized to sign and the City Clerk is hereby authorized
to attest Amendment No. 5 to the First Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached
Resolution No. 2001 -058
Page 1 of 8
hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth
herein.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 4t" day of September, 2001.
AYES
NOES
ABSTAIN
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kyle .Odette Lid'
Deputy City Attorney
Councilmembers: Bist Christy Franklin McGuigan Pulido. Solorio (6)
Councilmembers:
Councilmembers:
NOT PRESENT: Councilmembers: Alvarez (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001 -058 to be the original resolution adopted by the City
Council of the City of Santa Ana on September 4 2001.
Date:
Resolution No. 2001 -058
Page 2 of 8
iu -I—)�
Clerk of the Council
City of Santa Ana
CONSENT CALENDAR
25.C. AGMT NO. 2001 -184 - MAINTENANCE AND SERVICE OF
UNINTERRUPTABLE POWER SYSTEM — POLICE DEPARTMENT - With
MGE UPS Systems for the maintenance and service of emergency
uninterruptable power systems of the Police Department Administrative
and Holding Facilities for a one -year period, with a provision for two one -
year extensions, in an annual amount not to exceed $10,600.00 - Police
Department
25.D, AGMT N0. 2001 -186 - ANIMAL SHELTER SERVICES - With Santa Ana
Shelter on a month -to -month basis for a maximum of four months in an
amount not to exceed $135,000.00 - Police Department
LAND USE MATTERS
FINAL PARCEL MAPS
33.A. FINAL PARCEL MAP NO. 2001 -117: 1901 AND 1921 EAST ALTON
AVENUE
Motion: Approve Final Parcel Map No. 2001 -117 and accept the release and
relinquishment of vehicular access rights for the public street
frontage except at approved vehicular access locations - Public
Works Agency
Applicant: Orix Searless Santa Ana Venture
** END OF CONSENT CALENDAR **
BUSINESS CALENDAR
RESOLUTIONS
55.A. AGMT NO. 2001 -185: SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY - 5TH AMENDMENT TO ADD THE CITY OF ALISO
VIEJO
Motion: Adopt resolution,
RESOLUTION NO. 2001 -058 - A resolution of the City Council of the City
of Santa Ana authorizing the Mayor to execute Amendment No. 5 to the
First Amended and Restated Joint Exercise of Powers Agreement creating
the San Joaquin Hills Transportation Corridor Agency
CITY COUNCIL MINUTES 332 SEPTEMBER 4, 2001
75.A.
BUSINESS CALENDAR
MOTION: Bist SECOND: McGuigan
VOTE: AYES: Bist, Christy, Franklin, McGuigan, Pulido,
Solorio (6)
NOES: None (0)
ABSENT: Alvarez (1)
PUBLIC HEARING
CREATING A SEWER ENTERPRISE FUND AND SERVICE CHARGE
To consider adopting an ordinance creating a Sewer Enterprise Fund and
approving a resolution establishing a sewer charge to be applied to
metered water consumption at the rate of $.12 per water billing unit
Legal Notice published in the Orange County Register on August 24 and
31. 2001'
Presentation of staff report by Water Resource Manager Thom Coughran
Presentation of written communication by Clerk of the Council: Letter of
opposition received from LA Properties, Lance Anderson
Paul Guzman, and Oscar Garza, representing the Washington Square
Neighborhood Association spoke in favor of the sewer enterprise fund and
service charge
Vivian Martinez, Bill Todd, and Florence Leach spoke in opposition of this
matter
Motion: 1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2479 - An ordinance of the City Council of the
City of Santa Ana adding Article XVII to Chapter 13 and Sections 39-
55.1 -39 -55.5 to the City's code, establishing a Sewerage Service
Enterprise Fund and Sewerage Service Fee
2. Adopt resolution.
RESOLUTION NO. 2001 -0059 - A resolution of the City Council of the
City of Santa Ana setting the amount of the Sewer Service Fee
established pursuant to Section 39 -55 of the Santa Ana Municipal
Code and adding said fee to the Miscellaneous Fee Schedule
CITY COUNCIL MINUTES 333 SEPTEMBER 4, 2001
AMENDMENT NO. 4
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation
Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna
Woods as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint
Powers Agreement Creating the San Joaquin Hills 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 costs 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 Laguna Woods and the City of Laguna Hills, as of the 17th 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 San Joaquin Hills
Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement:
(a)
City of Costa Mesa
(b)
City of Dana Point
(c)
City of Irvine
(d)
City of Laguna Hills
(e)
City of Laguna Niguel
(f)
City of Laguna Woods
(g)
City of Mission Viejo
(h)
City of Newport Beach
(i)
County of Orange (3rd District)
0)
County of Orange (5th District)
(k)
City of San Clemente
Agreement #99 -021
(1) City of San Juan Capistrano
(m) City of Santa Ana"
SECTION 3. Section 3.2 hereby is amended to read as follows:
f _ -in
(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 Costa Mesa, Dana Point, Irvine,
Laguna Hills, Laguna Niguel, Laguna Woods, Mission
Viejo, Newport Beach, San Clemente, San Juan Capistrano,
and Santa Ana and the County of Orange (3rd and 5th
Districts)."
ATTEST:
Clerk of the Board of Supervisors
c
By:
Dated: Q
APPROVED AS TO FORM:
By:
County Couns
Agreement #99 -021
COUNTY OF ORANGE
B Y: -'� 1'
Chairman
Board of Supervisors
4 Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now en file in ouroff Ica.
e
Oate:
Kathy Besnard, Assistant secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk of the City of /Costa Mesa
By:
Dated: + 6 192`_
APPROVED AS TO FORM:
By:Z
City Attorney �.
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of Laguna Hills
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Agreement #99 -021 3
, t[
CITY OF COSTA
By:
Mayor
COUNTY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
C
Mayor
I, Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now an file in our office.
Date: C dD
Kathy Besnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of Irvine
By:L
Dat d:
CITY OF COSTA MESA
C
Mayor
IyA t4_
I/ C-�5
F RVINE, 2
By
ayor
'HE FOREGOINU INSTRWENT IS A FULL, TRUE,
AND CORRECT COPY OF THE ORIGINAL ON FILE
IN THIS OFFICE
ATT ECT�.._........ .
to tl „� i
CITY CLERK OF THE CITY OF IRVINE, CA.
CITY OF LAGUNA HILLS
Clerk of the City of Laguna Hills By:
Mayor
C
Dated
k Kathy 8esnard, hereby certify the foregoing
APPROVED AS TO FORM: instrument
the origi al instrument now on file in our office,
By: pate:
City Attorney
Kathy Basnard, Assistant Secretary
San joaquln HMIs Transportation corridor Agency
Agreement #99-021 3
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of th• City of Duna Hills
By: -4� JK8
Mary -',son
Dated: a
APPROVED AS TO FORM:
By: � � `�� z` W
City Attorneyy
Lois E. Jeffr y
Agreement #99 -021
CITY OF COSTA MESA
Mayor
COUNTY OF IRVINE
Mayor
CITY OF LAGUNA HILLS
Mayor Cynthia D. Greengol
Ir Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date: -
'1' "L0. --t�.
Kathy Qesnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk f Laguna Niguel
By: _M,
API
By:`
io
ATTEST:
Clerk of the City f Laguna Woods
By:
D ed•
APPROVE —/�
By:
&yt. City Attorney
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
City Attorney
Agreement #99 -021
CITY OF L JOODS
By
ayor Pro em
CITY OF MISSION VIEJO
g
Mayor
1, Kathy Besnard, hereby certify the foregoing
instrument to be a full, true and correct copy
of the original instrument new on file in our office.
Date: q/oci
Kathy Besnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk of the City of Laguna Niguel
C
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City 9f Laguna Woods
APPROVED A S TO FORM:
By:
A5 t , City Attorney
ATTEST:
Clerk of the City of Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
IC
City Attorney
CITY OF LAGUNA NIGUEL
IC
Mayor
CITY OF L A WOODS
By.
ayor Pro em
CITY OF MISSION VIEJO
C
Mayor
1, Kathy Besnard, hereby certify the foregoing
instrument to be a full, true and correct copy
of the original instrument noow�on file in our office.
Date: =a q
D f'vr� iE'. l� Ka thy Besnard, Assistant tary
San Joaquin Hills Transportation Corridor Agency
Agreement #99 -021 4
ATTEST:
Clerk of the City of Laguna Woods
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST
Clerk of the City of Mission Viejo
By:
Dated: j i of
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
/L G
CITY OF LAGUNA WOODS
By:
Mayor
CITY OF MISSION VIEJO
M or
CITY OF NEWPORT BEACH
Clerk of the City of Newport Beach By:
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
Agreement 999 -021
Mayor
1, Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date:
Kathy Besnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
4 -
ATTEST:
Clerk of the City of Newport Beach
By : M,
Dated: %/a -71 �/ ! j
APPROVED AS TO FORM:
By:
City Attorney
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
CITY OF N , PORT BE}ACH `
By: � K/ &'/
Mayor
CITY OF SAN CLEMENTE
C
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
1. Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date: 5L2
Kathy Besnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
Agreement #99-021 5
ATTEST:
Clerk of the City of Newport Beach
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST
Clerk of the City of San Clemente
By: t✓ 0&xl
Dated:
APPROVED AS TO FORM:
By:
city ttorne
ATTEST:
Clerk of the City of San Juan Capistrano
C
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Agreement 499 -021
CITY OF NEWPORT BEACH
Mayor
CITY OF SAN CLEMENTE
By: tom.
Mayor
CITY OF SAN JUAN CAPISTRANO
C
Mayor
1, Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date:
Kathy Eesnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk of the City of Newport Beach
C
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of San Clemente
C
CITY OF NEWPORT BEACH
Mayor
CITY OF SAN CLEMENTE
Mayor
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST: CITY
Clerk the, >Cityof S Juan Capistrano By:
By
Dated: 10 5.99
APPROVED AS TO FORM:
By: q —
City Attorney
Agreement #99 -021 5
ISTRANO
John Greiner
1, Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date:
J
Kathy easnard, Assistant Secretary
San Joaquin Hills Transportation Corridor Agency
ATTEST:
Clerk of the City of Santa Ana
By:
Dated: —/0/, 3 7 g g
Agreement #99 -021
CITY OF /�SA TA AN
By:��
r
1, Kathy Besnard, hereby certify the foregoing
Instrument to be a full, true and correct copy
of the original instrument now on file in our office.
Date: cab
Kathy SesnarA, Assistant Secretary
Stn Joaquin Hills Transportation Corridor Agency
RESOLUTION NO. 1999 -066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE
FIRST AMENDED AND RESTATED JOINT EXERCISE OF
POrhERS AGREEMENT CREATING THE SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange (Districts 3 and .5), and the
cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna
Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed the First Amended and
Restated Joint Exercise of Powers Agreement Creating the San
Joaquin Hills Transportation Corridor Agency (the "Agreement". and
the "Agency "), which Agreement became effective on October 17,
1988; and
WHEREAS, the incorporation of the City of Laguna Woods
became effective on March 24, 1999; and
WHEREAS, at a public hearing on May 5, 1999, the City of
Laguna Woods enacted an ordinance adopting the Major Thoroughfare
and Bridge Fee Program in accordance with Section 4.1 of the
Agreement; and
WHEREAS, at a subsequent public hearing on August 18, 1999,
the City of Laguna Woods 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, the City of Laguna Woods 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 Laguna Woods, is required to admit
the City of Laguna Woods as a Party.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA that in anticipation of the events recited above, and
in order to enable the City of Laguna Woods to participate fully
in the Agency's Board meeting on October 14, 1999, the City of
Santa Ana hereby authorizes its Mayor to execute and City Clerk to
attest Amendment No. 4 to the First Amendment and Restated Joint
Resolution No. 1999 -066
Page 2 of 2
Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, attached hereto as Exhibit "A" and
incorporatediherein by reference.
ADOPTED this 4th day of October , 1999.
j tC. Guy rk of the Counci /1
COUNCIL MEMBERS:
Mi 1 A. 1Pulido
M or
Pulido Lye APPROVED AS TO FORM:
Lutz Aye Joseph W. Fletcher
Bist Ave City Attorney
Christy Ave
Franklin Aye
McGuigan Aye
Moreno Ayp Cristine L. Shaw
Deputy City Attorney
CERTIFICATE OF ORIGINALITY a PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution �c 5 _ v �� to be the original resolution
adopted by the City Council of the City of Santa Ana on
Date: o
rk of the Cour ci .
ity of the
Ana
RESOLUTION NO. 1999 -066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE
FIRST AMENDED AND RESTATED JOINT EXERCISE OF
PO *ERS AGREEMENT CREATING THE SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange (Districts 3 and 5) , and the
cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna
Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed the First Amended and
Restated Joint Exercise of Powers Agreement Creating the San
Joaquin Hills Transportation Corridor Agency (the "Agreement" and
the "Agency ") , which Agreement became effective on October 17,
1988; and
WHEREAS, the incorporation of the City of Laguna Woods
became effective on March 24, 1999; and
WHEREAS, at a public hearing on May 5, 1999, the City of
Laguna Woods enacted an ordinance adopting the Major Thoroughfare
and Bridge Fee Program in accordance with Section 4.1 of the
Agreement; and
WHEREAS, at a subsequent public hearing on August 18, 1999,
the City of Laguna Woods 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, the City of Laguna Woods 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 Laguna Woods, is required to admit
the City of Laguna Woods as a Party.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA that in anticipation of the events recited above, and
in order to enable the City of Laguna Woods to participate fully
in the Agency's Board meeting on October 14, 1999, the City of
Santa Ana hereby authorizes its Mayor to execute and City Clerk to
attest Amendment No. 4 to the First Amendment and Restated Joint
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 4, 1999
TITLE:
RESOLUTION APPROVING AMENDMENT
NO. 4 TO THE "FIRST AMENDED AND
RESTATED JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE
A-7-
'? p. Lion 1st
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
RL Implementing Resort ° 0,J 1199
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER ( A
g Fsc -* 1qq C)& (b
Adopt a resolution approving Amendment No. 4 'to the "First Amended and
Restated Joint Exercise of Powers Agreement Creating the San. Joaquin Hills
Transportation Corridor Agency ".
DISCUSSION
The City of Laguna Woods was incorporated on March 24, 1999.
Subsequently, they have fulfilled the membership requirements for
inclusion in the San Joaquin Hills Transportation Corridor Agency. In
accordance with Section 9.1 of the Corridor Agency Agreement, Laguna Woods
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 San Joaquin Hills
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 San
Joaquin Hills Transportation Corridor Agency" authorizing the City of
Laguna Woods as a member agency.
FISCAL IMPACT
is no fiscal impact with this action.
ive
l.ic Works Agency
JA /San Joaquin /Debra Kurita -RFC
Page 53
55.A.
RESOLUTION NO. 1999 -066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE
FIRST AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange (Districts 3 and 5), and the
cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna
Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed the First Amended and
Restated Joint Exercise of Powers Agreement Creating the San
Joaquin Hills Transportation Corridor Agency (the "Agreement" and
the "Agency "), which Agreement became effective on October 17,
1988; and
WHEREAS, the incorporation of the City of Laguna Woods
became effective on March 24, 1999; and
WHEREAS, at a public hearing on May 5, 1999, the City of
Laguna Woods enacted an ordinance adopting the Major Thoroughfare
and Bridge Fee Program in accordance with Section 4.1 of the
Agreement; and
WHEREAS, at a subsequent public hearing on August 18, 1999,
the City of Laguna Woods 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, the City of Laguna Woods 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 Laguna Woods, is required to admit
the City of Laguna Woods as a Party.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA that in anticipation of the events recited above, and
in order to enable the City of Laguna Woods to participate fully
in the Agency's Board meeting on October 14, 1999, the City of
Santa Ana hereby authorizes its Mayor to execute and City Clerk to
attest Amendment No. 4 to the First Amendment and Restated Joint
55.A.
Page 54
Resolution No. 1999 -066
Page 2 of 2
Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, attached hereto as Exhibit "A" and
incorporated herein by reference.
ADOPTED this
Janice C. Guy
Clerk of the Council
COUNCIL MEMBERS:
Pulido
Lutz
Bist
Christy
Franklin
McGuigan
Moreno
day of
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Cristine L. Shaw
Deputy City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
1999.
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution to be the original resolution
adopted by the City Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Page 55
55.A.
AMENDMENT NO.4
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation
Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna
Woods as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint
Powers Agreement Creating the San Joaquin Hills 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 costs 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 Laguna Woods and the City of Laguna Hills, as of the 17th 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 San Joaquin Hills
Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement:
(a)
City of Costa Mesa
(b)
City of Dana Point
(c)
City of Irvine
(d)
City of Laguna Hills
(e)
City of Laguna Niguel
(f)
City of Laguna Woods
(g)
City of Mission Viejo
(h)
City of Newport Beach
(i)
County of Orange (3rd District)
0)
County of Orange (5th District)
(k)
City of San Clemente
5 5 : ■ t #99 -021 1
Page 56
(1) City of San Juan Capistrano
(m) City of Santa Ana"
SECTION 3. Section 3.2 hereby is amended to read as follows:
�
(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 Costa Mesa, Dana Point, Irvine,
Laguna Hills, Laguna Niguel, Laguna Woods, Mission
Viejo, Newport Beach, San Clemente, San Juan Capistrano,
and Santa Ana and the County of Orange (3rd and 5th
Districts)."
ATTEST: COUNTY OF ORANGE
Clerk of the Board of Supervisors By:
Chairman
Board of Supervisors
By:
Dated:
APPROVED AS TO FORM:
By:
County Counsel
Agreement #99 -021 2 55 . /� .
Page 57
ATTEST:
Clerk of the City of Costa Mesa
By: _
Dated:
APPROVED AS TO FORM:
BY:
City Attorney
ATTEST:
Clerk of the City of Irvine
By: _
Dated:
APPROVED AS TO FORM:
BY:
City Attorney
ATTEST:
Clerk of the City of Laguna Hills
By: _
Dated:
APPROVED AS TO FORM:
BY:
City Attorney
CITY OF COSTA MESA
By:
Mayor
COUNTY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
5 5 A. Am #99 -021 3
VVV ■77,��`■ Page 58
ATTEST:
Clerk of the City of Laguna Niguel
BY:
Dated:
APPROVED AS TO FORM:
Bv:
City Attorney
ATTEST:
Clerk of the City 9f Laguna Woods
& -a.-7 - C?
APPROVERS TO FORM:
By:
A5yt , City Attorney
ATTEST:
Clerk of the City of Mission Viejo
By: _
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF LAGUNA NIGUEL
BY:
Mayor
CITY OF L VAOODS
-
CITY OF MISSION VIEJO
BY:
Mayor
Agreement #99 -021 Pagb 59 55A
ATTEST:
Clerk of the City of Newport Beach
By: _
Dated:
By:
City Attorney
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
Agr ent #99 -021
5 5
CITY OF NEWPORT BEACFI
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
5
Page 60
ATTEST:
Clerk of the City of Santa Ana
IRa
Dated:
APPROVED AS TO FORM:
City Attorney
Agreement #99 -021
CITY OF SANTA ANA
Mayor
Page 61
55.A.
55.A.
Page 62
See 1 10 xa, W 19
ClCITY OOUNC'L.
OF SANTA ANA
August 31, 1992
TO: City Clerks
AvG R 10isA `92
CLERK OF THE GOONCl1..
CITY OF SANTA ANA
FROM: Kathy Besnard
Secretary of the Board
SUBJECT: Amendment #3
San Joaquin Hills TCA
Joint Powers Agreement
Enclosed is an "original" copy for your files.
Foothill /Eastern
Corridor Agency
Son Joaquin Hills
Corridor Agency
cc
345 Clinton Street, Costa Mesa, CA 92626 7141557 -3298 FAX 7141557 -9104
41 --9/- /' �
AMENDMENT NO. 3
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the San
Joaquin Hills Transportation Corridor Agency imposed no terms
and conditions upon the participation of the City of Laguna
Hills as a Party to the Agency pursuant to Section 9.1 of the
First Amended and Restated Joint Powers Agreement Creating the
San Joaquin Hills 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 costs 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 Laguna
Hills, as of the 17th 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 San Joaquin Hills Transportation Corridor Agency,
and is amended by this Amendment No. 3 to such Agreement:
(a)
County
of Orange
(b)
City
of
Costa Mesa
(c)
City
of
Dana Point
(d)
City
of
Irvine
(e)
City
of
Laguna Hills
(f)
City
of
Laguna Niguel
(g)
City
of
Mission Viejo
(h)
City
of
Newport Beach
(i)
City
of
San Clemente
(j)
City
of
San Juan Capistrano
(k)
City
of
Santa Ana
ORI:DLB:257 -1-
follows:
SECTION 3. Section 3.2 hereby is amended to read as
... 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 Costa Mesa, Dana Point,
Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport
Beach, San Clemente, San Juan Capistrano, and Santa Ana.
ATTEST:
Clerk of the Board of
Supervisors
1'
Dated / r
APPROVED AS TO FORM:
A±
x r L
By: 4Z %1
bounty Counsel
ATTEST:
Clerk of the
City of Dana Point
By:
Dated
APPROVED AS TO FORM:
By: de4444
ity ounsel
By:
ORI:DLB:257 -2-
ORANGE
of Supervisors
CITY OF DANA POINT
By: llVu( CP �7
May r
ATTEST:
Clerk of the
City of Irvine
By: r �
Dated
APPROVED AS TO FORM:
By:
Clerk of the
City of .LLaguna Hills
y; 1�� (.l Gtt�ofGlii
Dateu /d
APPROVED AS TO FORM:
City Cotar
ATTEST:
Clerk of ts=
City�L Laguna Niguel
By:
APPROVED ', .5 TO FORM:
By: L Cr
ity ounsel
CITY 0 IRVINE
By;c =�' Ce- clL
Mayo
CITY OF LAGUNA HILLS
c
By: /l
Mayor/ /
ORI:DLB:257 -3-
CITY F LAGUNA NI
By
Mayor
ATTEST:
Clerk of the
Citv of Mission Viejo
By: -
Dated
APPROVED S TO FORM:
By: ,4 k. L-t��
City Counsel
ATTEST:
Clerk of the
City of San Clemente
By:
Dated
APPROVED AS TO FORM:
! 'Ni I �, /I. +. . .
ATTEST:
Clerk of the
City of San Juan Capistrano
By: ^ /
Dated
APPROVED AS TO FORM:
By •
ity C3"
unse
CITY OF� IEJ�
By:
Mayor
CI
°M/
ORI:DLB:257 -4-
CITY OF SAN JUAN CAPISTRANO
ATTEST:
Clerk of the
City of Santa Ana
By:
Dated
APPROVED AS TO FORM:
By:
City Counse
CI ANTA ANA
ma
Mayor -
ORl:DLB:257 -5-
-;I �L
CRIJ Manager
ATTEST:
Clerk of the
City of Costa Mesa
City Counsel
ATTEST:
Clerk of the
City of Newport Beach
By:
Dat,
APP:
By:
CITY OF •
M A��
CITY OF ••• •
By 9 __`�...._r1�.
Ma r
RESOLUTION N0. 91 -106
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 POWER
AGREEMENT CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY"
WHEREAS, the County of Orange and the Cities of Costa
Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport
Beach, San Clemente, San Juan Capistrano and Santa Ana have
executed the First Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor
Agency (the "Agreement" and the "Agency "), which Agreement became
effective on October 17, 1988; and
WHEREAS, the incorporation of the City of Laguna Hills
(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, BE IT RESOLVED that 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. 3 to the First Amended and Restated Joint Exercise of
Powers Agreement Creating the San Joaquin Hills Transportation
Corridor Agency, attached hereto as Exhibit A.
RESOLUTION NO. 91 -10`
PAGE TWO
ADOPTED this 18th day of
ATTEST:
j
4iczV'C. Guy
Clerk of the Council—/
COUNCILMEMBERS:
tiovember , 1991.
r
Dan H. Young
Mayor
Young Aye APPROVED AS TO FORM:
Pulido Aye
Acosta Aye
Griset Aye
McGuigan Aye Edward J. C op r
Norton Aye City Attorney---'
Richardson Aye
AMENDMENT NO. 3
TO THE
FIRST AMENDED AND RES'
JOINT EXERCISE OF POWERS .
CREATING THE SAN JOAQUII
TRANSPORTATION CORRIDOR
SECTION 1. The Board of Supervis
Joaquin Hills Transportation Corridor Agen
and conditions upon the participation of ti Laguna
Hills as a Party to the Agency pursuant to oection 9.1 of the
First Amended and Restated Joint Powers Agreement Creating the
San Joaquin Hills 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 costs 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 Laguna
Hills, as of the 17th 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 San Joaquin Hills Transportation Corridor Agency,
and is amended by this Amendment No. 3 to such Agreement:
(a) Coun
(b) City
(c) City
(d) City
(e) City
(f) City
(g) City
(h) City
:y
of
of
of
of
of
of
of
of Orange
Costa Mesa
Dana Point
Irvine
Laguna Hills
Laguna Niguel
Mission Viejo
Newport Beach
(i) City of San Clemente
(j) City of San Juan Capistrano
(k) City of Santa Ana
ORI:DLB:257 -1-
EXHIBIT A
follows:
SECTION 3. Section 3.2 hereby is amended to read as
... 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 Costa Mesa, Dana Point,
Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport
Beach, San Clemente, San Juan Capistrano, and Santa Ana.
ATTEST:
Clerk of the Board of
Supervisors
By:
Dated
APPROVED AS TO FORM:
By:
County Counsel
ATTEST:
COUNTY OF ORANGE
By:
Chairman
Board of Supervisors
CITY OF DANA POINT
Clerk of the By:
City of Dana Point
By:
Dated
APPROVED AS TO FORM:
By:
City Counsel
ORI :DLB:257 -2-
Mayor
ATTEST:
Clerk of the
City of Irvine
By:
Dated
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the
City of Laguna Hills
By:
Dated
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the
City of Laguna Niguel
By:
Dated
APPROVED AS TO FORM:
By:
City Counsel
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
ORI:DLB:257 -3-
CITY OF LAGUNA NIGUEL
By:
Mayor
ATTEST:
Clerk of the
City of Mission Viejo
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
CITY OF MISSION VIEJO
By:
Mayor
ORI:DLB:257 -4-
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
ATTEST:
CITY OF SANTA ANA
Clerk of the By:
City of Santa Ana Mayor
By:
Dated
APPROVED AS TO FORM:
By:
City Couns 1
ORI:DLB:257 -5-
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL February 5 1990
AGENDA DATE y
TITLE RESOLUTION APPROVING AMENDMENT
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREAIING THE SAN JOAQUIN HILLS TRANS-
PORTATION CORRIDOR AGENCY
A ° Ic�
c_.. 10 ;� 5'
DATE OF COUNCIL ACTION FEB 5 199(1
Resolution No. 90 - 00E
adopted.
Adopt the resolution approving Amendment No. 2 to the "First Amended and
Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency."
EXECUTIVE SUMMARY
The County of Orange, the City of Santa Ana, and seven other cities that would
benefit from the construction of the San Joaquin Hills Transportation Corridor
are members of the Transportation Corridor Agency. On December 1, 1989, the
City of Laguna Niguel was incorporated, and has requested admission as a party
to the San Joaquin Hills Transportation Corridor Agency.
On February 6, 1990, the City of Laguna Niguel will conduct a public hearing
and it is anticipated that the City will adopt an ordinance adapting the Major
Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the
"First Amended and Restated Joint Exercise of Powers Agreement Creating the
San Joaquin Hills Transportation Corridor Agency ". Section 9.1 of the
Agreement requires the unanimous consent of each existing party for admission
of the City as a party.
J 104
MEMORANDUM
Jan C. Perkins
To: Deputy City Manager nt Date: January 22, 1990
James G. Ross, Exec" utive Directo
From: Public Works Agency
RESOLUTION APPROVING AMENDMENT NO. 2 TO THE "FIRST AMENDED AND RESTATED JOINT
Subject: EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY"
STATEMENT OF THE ISSUE
The County of Orange, the City of Santa Ana, and seven other cities that would
benefit from the construction of the San Joaquin Hills Transportation Corridor
are members of the Transportation Corridor Agency. On December 1, 1989, the
City of Laguna Niguel was incorporated, and has requested admission as a party
to the San Joaquin Hills Transportation Corridor Agency. On February 6, 1990,
the City of Laguna Niguel will conduct a public hearing and it is anticipated
that the City will comply with Section 4.1 of the "First Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
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 cost, and required fees.
Section 9.1 of the Agreement requires unanimous consent of each existing party
for admission of the City as a party. Inclusion of the City of Laguna Niguel
as a member of the Transportation Corridor Agency will ensure that each of the
areas of benefit contribute their fair share of the cost for the San Joaquin
Hills Transportation Corridor.
ALTERNATIVES CONSIDERED
The alternative is to not approve the Resolution admitting the City of Laguna
Niguel as a party to the San Joaquin Hills Transportation Corridor Agency.
This alternative is not recommended, since it would not enable the Agency to
finance the construction of the San Joaquin Hills Transportation Corridor.
FISCAL IMPACT
There is no direct fiscal impact on the City of Santa Ana.
RECOMMENDED ACTION
Adopt th-- a reso u ion approving Amendment No. 2 to the "First Amended and
Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency."
James G. Ross e°
JGR /GA /N51Bkrg
r 112
RESOLUTION NO. 90 -008
A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING
AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange and the Cities of Costa Mesa,
Dana Point, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed the First Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency (the "Agreement" and the "Agency "), which
Agreement became effective on October 17, 1988; and
WHEREAS, the incorporation of the City of Laguna Niguel (the
"City ") became effective on December 1, 1989; and s t
..! .
WHEREAS, it is anticipated that on February 6, 1990, the City
shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee
Program in accordance with Section 4.1 of the Agreement; and
WHEREAS, it is also anticipated that on February 6, 1990, the
City shall 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 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 Agency, evidenced by execution
of a written amendment to the Agreement by all the Parties, including the
City of Laguna Niguel, is required to admit the City of Laguna Niguel as
a Party.
RESOLUTION 90 -008
NOW, THEREFORE, in anticipation of the events recited above,
and in order to enable the City of Laguna Niguel to participate fully in
the Agency's Board meeting on February B, 1990, the City of Santa Ana
hereby authorizes its Mayor to sign and City Clerk to attest Amendment
No. 2 to the First Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills Transportation Corridor Agency,
attached as Exhibit "A ".
ADOPTED THIS 5th day of February 1990.
i4ane4 Young
Mayor
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Young
Aye
McGuigan
Norton
4e
Acosta
Aye
Griset
Aye
May
_ Aye
Pulido
Aye
j,
APPROVED AS TO FORM:
E war J. C o er
City Attorney
Mir.
�1
CITY OF . ^, gd }'N�
PUBLIC v,,0.1 N A ANA Y
JAN RINS Py ISO
January 17, 1990
The Honorable Dan Young
City of Santa Ana
City Hall
20 Civic Center Plaza
Santa Ana, California 92702
Re: Admission of the City of Laguna Niguel as a
Party to the San Joaquin Hills Transportation
Corridor Agency
Dear Mayor Young:
The City of Laguna Niguel was
incorporated on December 1, 1989. It is
anticipated that at a public hearing on February
6, 1990, the City of Laguna Niguel will comply
with the requirements of Section 4.1 of the "First
Amended and Restated Joint Exercise of Powers
Agreement Creating the San Joaquin Hills
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 this Agreement requires
the unanimous consent of all Parties, including
the City of Laguna Niguel, 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.
William Woollett, Jr.,
Executive Director
Foothill /Eastern
Corridor Agency
Chairman:
Gary Hausdorfer
San Juan Capistrano
Members:
Anaheim
Irvine
Mission Viejo
Orange
San Clemente
San Juan Capistrano
Santa Ana
Tustin
Yorba Linda
County of Orange
San Joaquin Hills
Corridor Agency
Chairman:
John Cox
Newport Beach
Members:
Costa Mesa
Dana Point
Irvine
Mission Viejo
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
County of Orange
345 Clinton Street, Costa Mesa, CA 92626 7141557 -3298 FAX 7141557 -9104
January 17, 1990
Page 2
We urge your City Council to adopt this
Resolution on or before February 6, 1990, so that
the City of Laguna Niguel may participate fully in
the Board's meeting scheduled for February 8,
1990. We are anxious to welcome the City of
Laguna Niguel to full membership in the San
Joaquin Hills Transportation Corridor Agency and
to benefit from its full participation in the
efforts to alleviate Orange County's traffic
problems by early completion of the design,
financing and construction of the San Joaquin
Hills Transportation Corridor.
Sincerely,
�willi a Woollett, Jr�
Executive Director
WRW /sds
cc: Ms. Patricia McGuigan
Mr. David Ream
Mr. George Alvarez
AMENDMENT NO. 2
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
a - d ---610 (/
INSURANCE Cy jE C3RFU
WORK MAY PRCCF I`D
CLERK OF COUNCIL
DATE. 4? /�/
SECTION 1. The Board of the San Joaquin Hills
Transportation Corridor Agency imposed no terms and conditions
upon the participation of the City of Laguna Niguel as a Party
to the Agency pursuant to Section 9.1 of the First Amended and
Restated Joint Powers Agreement Creating the San Joaquin Hills
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 costs 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 Dana
Point and the City of Laguna Niguel, as of the 17th 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 San Joaquin Hills
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 of the 6th day
of February, 1990, 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 Costa Mesa
(c) City of Dana Point
(d) City of Irvine
(e) City of Laguna Niguel
(f) City of Mission Viejo
(g) City of Newport Beach
(h) City of San Clemente
(i) City of San Juan Capistrano
(j) City of Santa Ana
Page 1 of 5
follows: SECTION 3. Section 3.2 hereby is amended to read as
. .3.2 BOARD
following: a. The Board shall consist of the
(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 Costa Mesa, Dana Point,
Irvine, Laguna Miguel, Mission Viejo, Newport Beach, San
Clemente, San Juan Capistrano and Santa Ana.
SECTION 4. This Amendment No. 2 can be executed in
any number of counterparts.
ATTEST: COUNTY OF ORANGE
Clerk of the Board of
Supervisors
By:
Chairman
By:
Board of Supervisors
Dated:
APPROVED AS TO FORM:
By:
County Counsel
ATTEST: CITY OF COSTA MESA
Clerk of the City of
Costa Mesa
By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Page 2 of 5
(i) One voting Board Member appointed by the legisla-
tive body of each of the following Parties, pursuant to Section 3.1 above; the
Cities of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport
Beach, San Clemente, San Juan Capistrano and Santa Ana.
SECTION 4. This Amendment No. 2 can be executed in any number of
counterparts.
ATTEST: COUNTY OF ORANGE
Clerk of the Board of Supervisors
Dated:
APPROVED AS TO FORM:
County Counsel
ATTEST:
Chairman, Board of Supervisors
CITY OF COSTA MESA
i_1.36 Zf,�IOf�7�'11C��a� ; u
City Attorney
2 -
I, Kathy gfisnard, hereby o@gitY the tQrcttoing instrument. to
too a 11111, true and co',fect copy of tCe originat instrurr.rrtt
now on tile in cur office.
Date. , 0
'may BE.+nerd
Tram pa��tion Corridor Agencies
SECTION 3. Section 3.2 hereby is amended to read as
follows:
l«ANIII
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 Costa Mesa,.Dana Point,
Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San
Clemente, San Juan Capistrano and Santa Ana.
SECTION 4. This Amendment No. 2 can be executed in
any number of counterparts.
ORIGINAL DOCUMENT MISPLACED.
AUTHORIZED FEBRUARY 6, 1990
RE- EXECUTED MARCH 18, 1990
SIGNED AMID CERTIFIED THAT A COPY OF
THIS DOC.'U= HAS BEEN DELEIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
E•
u•ls
ATTEST:
COUNTY OF ORANGE
By:
Chairman
Board of Supervisors
CITY OF COSTA MESA
Clerk of the City of
Costa Mesa
By:
as
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Mayor
r'dh! the lrxti4QtnS in6tN�rrt to
ct>:rect copy ,,origins
in5irun�rtnt
f, Kathy Secnard. hmraM ce
W a full, true and .:
npr,,, on tilt in our aStice,
geynsrd hasrtiies
CorOw
Trans
Page 2 of 5
ATTEST:
Clerk of the City of
Dana Point
CITY OF DANA POINT
By
By: ary K/
Dated : �,
APPROVED AS TO
Clerk
Mayor Eileen L. Krause
By:
City Attorney Jerry Patterson
ATTEST: CITY OF IRVINE
Clerk of the City of
Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of
Laguna Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Mayor
CITY OF LAGUNA NIGUEL
By:
Mayor
I, Kathy 9esnard, hereto' ce" the foregoing instrument'.'
he a iv9. true and correct copy of the original instrument
now on i[fr in our office. Q1 p
Date: _QJ G h, //f7 41v
Yranapm,ta�i corrhw Mteuoies:
Page 3 of 5
ATTEST:
Clerk of the City of
Dana Point
3z
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of
Irvine
By.
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of
Laguna Niguel
Lm
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF DANA POINT
us
Mayor
CITY OF IRVINE
By:`
Mayor /
L/
CITY OF LAGUNA NIGUEL
By:
Mayor
I, Kathy Besnard, hereby certify the fortitoing.instrw+: s.,! +t t ,
be a full, true and correct copy of the origintf Irstrumc -L..
now on file in our office.
Gate•_ // �.
a geanard
Tranaport;� CrrAior Agencies
Page 3 of 5
ATTEST:
Clerk of the City of
Dana Point
By:
Dated:
APPROVED AS TO FORM:
5z
City Attorney
ATTEST:
Clerk of the City of
Irvine
am
Dated:
APPROVED AS TO FORM:
City Attorney
ATTEST:
Clerk of the City of
Laguna Niguel
CITY OF DANA POINT
92
Mayor
CITY OF IRVINE
in
Mayor
CITY OF LAGUNA NIGUEL
r By:
By: J //✓
Dated: �A % v
APPROVED AS TO FORM:
UZ
Z1iLl.GFe �L
Mayor
,,Kathy nesnard, hereby certily the torelfoing insti omm'A ?^
b. a full,"and correct copy of the original instru�nznk
now on file in out office.
'� (�__%%� G�'0
ezynAate:_
` 3 y}eevard
7ranx�wt:+t' Cerrkkx Ager+des
Page 3 of 5
ATTEST:
Clerk of the City of
Mission Viejo
By:
Zobe
Dated:
APPROVED AS TO FORM:
BY:
City Attorney
Scott Field
ATTEST:
Clerk of the City of
Newport Beach
Dated:
APPROVED AS TO FORM:
LE
City Attorney
ATTEST:
Clerk of the City of
San Clemente
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF MISSION VIEJO
Ua
CITY OF NEWPORT BEACH
us
Mayor
CITY OF SAN CLEMENTE
M
Mayor
I, Kathy Desnard, hereby certify the foregoing instrur "rnt t)
be a full, true Anti Correct Copy of the original ins #s•�;m1v"t
now on file in our office. (�
/ Date:��
Re9iiard
tra Corridor AgnrcPos
Page 4 of 5
ATTEST:
Clerk of the City of
Mission Viejo
M
Dated:
APPROVED AS TO FORM:
City Attorney
ATTEST:
Clerk of the City of
Newport Beach
AS TO FORM:
� f Fo ar
By: 1
City Attorney
ATTEST:
Clerk of the City of
San Clemente
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF MISSION VIEJO
UZ
Mayor
CITY OF NEWPORT BEACH
. IPA
CITY OF SAN CLEMENTE
UZ
Mayor
1, Kathy Besnerd, hereby aertgythe foreRoing InstrunYM% i:o
be a tug, true and Correct Copy of the original instrM.ar,E
now on file in our Office. "} l,�
Q�ate- ::_j1_..12 -1 -96
Trantyawt:,. Corridor Agorldes
Page 4 of 5
ATTEST:
Clerk of the City of
Mission Viejo
M
Dated:
APPROVED AS TO FORM:
M
City Attorney
ATTEST:
Clerk of the City of
Newport Beach
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
CITY OF MISSION VIEJO
M
Mayor
CITY OF NEWPORT BEACH
us
Mayor
CITY OF SAN CLEMENTE
Clerk of the City of
San Clemente
By:
Mayor
By: �2�� q�
Dated: T— j_2 --
APPROVED AS TO FORM:
By: _ ,u V
C t Atto ney
].Kathy Besnard, hereby Certify the foregoing instrun umt to
be a full, true and correct Copy of the orlKinat instrunwnt
nori on fir. in our aNce.
Y Aesna� --
Trans ion Corridor Atencies .
Page 4 of 5
ATTEST:
Clerk of the City of
San Juan Capistrano
am
Dated:
APPROVED AS TO FORM:
City Attorney
ATTEST:
Clerk of the City of
Santa Ana
By:
Dated:
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO
hm
Mayor
CITY OF SANTA ANA
By:
Mayor
p ove as t
City Manager
1. Kathy Flaxnard, herebl axrtity thetoret 0ft'nstrumct t to
pa a bull, trO and correct copy 01 the original U�sau^'"f°'•
naav on 1 ;Ec in our elute.
Date.Y- ' C�
by eesmard
transl t Ylon Carldrr Atendes
Page 5 of 5
ATTEST:
Clerk of the City of
San Juan Capistrano
CITY OF SAN JUAN CAPISTRANO
By:
By:
P.iary Hanover
Dated: February 6. 1990
APPROVED AS TO FORM:
By: "' Uwmr
City Attorney
ATTEST:
Clerk of the City of
Santa Ana
go
Dated:
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
am
Mayor
1. Kathy 43eanard, hereby certif y the iorr.9cind in "fvurrretst to
be a 4u11, true ar „i Otfect toy of th• orig, insirs:rhant
nrar+ an film i:t our olticr. C%o
Date: U�
�” Ll
V.a J¢srr3rd ea
Tram.
V,r4r Corerdar
Page 5 of 5
� -`fig- Csao
AMENDMENT NO. 1
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of the San Joaquin Hills
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 San Joaquin Hills 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 costs 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 Dana Point, as of the
17th 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 San Joaquin Hills Transportation
Corridor Agency, and is amended by this Amendment No. 1, to such
Agreement, pursuant to Section 9.1, by and among all of the following
public agencies as of the day of 1 iL ' 1 98 9, t the date on which the last
of such public agencies executed this Amendment No. 1 to such Agreement:
(a)
County of Orange
(b)
City of Costa Mesa
(c)
City of Dana Point
(d)
City of Irvine
(e)
City of Mission Viejo
(f)
City of Newport Beach
(g)
City of San Clemente
(h)
City of San Juan Capistrano
(i)
City of Santa Ana
EXHIBIT A
Page 1 of 4
SECTION 3. Section 3.2 hereby is amended to read as follows:
1 . l 1
a. The Board shall consist of the following:
W One voting Board Member appointed by the
legislative body of each of the following Parties, pursuant to Section
3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Newport
Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa
Ana.
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
LINDA D. RUTH
Clerk of the Board of Supervisors
County of Orange, California
'3 9- ys0
APPROVED AS TO FORM:
BYo ty Counsel
ATTEST:
Clerk of the,
City of Dana Point
By:
Date
d May. 23, 1989
APPROVED AS TO FORM:
By;
C' A rney
J RRY M. PATTERSON
EXHIBIT A
Page 2 of 4
COUNTY OF ORANGE
4 ' ., .
Chairman
Board of Supervisors
CITY OF DANA POINT
By:-
Mayor
JUDY CURRERI
ATTEST:
Clerk of the
City of Irvine
By:
Dat Vd
APPROV AS TO FORM:
By: / , 1�4/j
C ty tto ey
ATTEST:
CITY OF IRVINE
By: _y /�� ^�
may r
CITY OF MISSION VIEJO
Clerk of the �.
City of Mission Viejo„ By: �
ivy J _ Z EL Mayor
By: � WILLIAM S. CRA RAFT
Dated _ `6-).
APPROVED AS TO FORM:
By: `-
City Attorney
SCOTT FIELD
ATTEST:
Clerk of the
City of Newport Beach By:
By:
Dated
d
AS TO FORM:
ATTEST:
Clerk of the
City of San Clemente By:
rr �
CITY OF SAN CLEMENTE
yr
By: _'rn�
Dated — 41��� —�
APPROVED AS TO FORM:
By: it torne#
EXHIBIT A
Page 3 of 4
ATTEST:
Clerk of the
City of San Juan Capistrano
By:
Dated u Y
F
3
ATTEST:
Clerk of the
City of Santa Ana
a
APPROVED AS TO FORM:
O
F
ATTEST:
Clerk of the
City of Costa Mesa
M
By:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By: ____
ayor
CITY OF SANTA ANA
EXHIBIT A
Page 4 of 4
City Manager
CITY OF COSTAR MESA
B �)
Mayor
MAYOR
Dan Young
VICE MAYOR
Patricia A. McGuigan
COUNCILMEMBERS
John Acosta
Daniel E. Griset
Wilson B. Hart
Ron May
Miguel A. Pulido
April 10, 1989
CITY OF SANTA ANA,
ALL - AMERICA CITY 1982.83
Mr. John Meyer
Executive Director
Transportation Corridor Agencies
345 Clinton Street
Costa Mesa, California 92626 -6011
Dear Mr. Meyer:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Edward J. Cooper
CLERK OF THE COUNCIL
Janice C. Guy
On April 3, 1989, the City Council of the City of Santa Ana adopted
Resolution No. 89 -32 entitled "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 San
Joaquin Hills Transportation Corridor Agency."
A copy of the resolution is enclosed for your information.
Sincerely,
Janice C. Guy, CMC /
Clerk of the Council
JCG:ar
Enclosure
20 CIVIC CENTER PLAZA • P.O, BOX 1988 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647 -6520
V�EQ�U' 'EST FOR
COUNCIL ACTION
CITY COUNCIL
AGENDA DATE April 3, 1989
TITLE RESOLUTION APPROVING AMENIlvlaT
NO. 1 TO THE FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT CRE-
ATING THE SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY"
f3q -oao
G, 10 :y ij
DATE OF COUNCIL ACTION APR 3 1989
imno Mr, mil
r
11 '!
CLERK OF THE COUNCIL
That the City Council adopt the resolution approving Amendment No. 1 to the
"First Amended and Restated Joint Exercise of Powers Agreement Creating the
San Joaquin Hills Transportation Corridor Agency."
�I
The County of Orange, the City of Santa Ana, and six other cities that would
benefit from the construction of the San Joaquin Hills Transportation Corridor
are members of the Transportation Corridor Agency. On January 1, 1989, the
City of Dana Point was incorporated, and has requested admission as a party to
the San Joaquin Hills Transportation Corridor Agency.
The City of Dana Paint has mat the conditions to become a member of the
Agency. Section 9.1 of the "First Amended and Restated Joint Exercise of
Powers Agreement Creating the San Joaquin Hills Transportation Corridor
Agency" requires the unanimus consent of each existing party for admission of
the City as a party.
351)
MEMORANDUM
Jan Perkins
To: Deputy City Manager fit Date: March 22, 1.9.89
David H. Grosse, Exec. Dir.
From: Public W.Qrks Agency
RESOLUTION APPROVING AMENDV IE.'CTT NO. 1 TO THE "FIRST AMENDED AND RESTATED
Subject: _J(7TNT "FXF R( TSF. OF POWFRq ArRFFMF'KTP C'RFA'T'TN, THR qAN TOAOTITN HTTT.q _
TRANSPORTATION CORRIDOR AGENCY"
STATEMENT OF THE ISSUE
The County of Orange, the City of Santa Ana, and six other cities that would
benefit from the construction of the San Joaquin Hills Transportation Corri-
dor are umbers of the Transportation Corridor Agency. On January 1, 1989,
the City of Dana Point was incorporated, and has requested admission as a
party to the San Joaquin Hills Transportation Corridor Agency. The City of
Dana Point has complied with Section 4.1 of the "First Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transpor-
tation Corridor Agency," by enactment of Ordinance 89 -8, adopting the Major
Thoroughfare and Bridge Fee Program of the Agency, and Resolution 89 -31,
establishing the areas of benefit, estimated cost, and required fees.
Section 9.1 of the Agreement requires unanimous consent of each existing
party for admission of the City as a party. Inclusion of the City of Dina
Point as a member of the Transportation Corridor Agency will ensure that each
o:E the areas of benefit contribute their fair share of the cost for the San
Joaquin Hills Transportation Corridor.
ALTERNATIVES CONSIDERED
The alternative is to not approve the Resolution admitting the City of Dana
Point as a party to the San Joaquin Hills Transportation Corridor Agency.
This alternative is not recommended, since it would not enable the Agency to
finance the construction of the San Joaquin Hills Transportation Corridor.
FISCAL IMPACT
There is no direct fiscal irpact on the City of Santa Ana.
I,ixK� }ului��y
That the City Council adopt the Resolution approving Amendment No. 1 to
the "First Amended and Restated Joint Exercise of Powers Agreement Creating
San Joaquin Hills Transportation Agency."
(&K.-V �-
David H. GrossevW
DHG /GA /19Bpmb
.11 189
RESOLUTION NO. 89 -32
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 SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange and the Cities of Costa
Mesa, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed the First Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency (the "Agreement" and the 'Agency "),
which Agreement became effective on October 17, 1988; and
WHEREAS, the incorporation of the City of Dana Point (the
"City ") became effective on January 1, 1989; and
WHEREAS, the City has adopted Ordinance No. 89 -8, adopting
the Major Thoroughfare and Bridge Fee Program in accordance with
Section 4.1 of the Agreement; and
WHEREAS, the City also has adopted Resolution No. 89 -31,
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 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 Clerk to attest Amendment No. 1 to the First Amended and Restated
Joint Exercise of Powers Agreement Creating the San Joaquin Hills
Transportation Corridor Agency, attached hereto as Exhibit A.
RESOLUTION NO. 89 -32
PAGE TWO
PASSED, APPROVED AND ADOPTED this mod. day
of April '1989.
ATTEST:
Clerk of the
City of Santa Ana
By:�y�L6 =��?�� /
Dated April 3, 1989
APPROVED AS TO FORM:
By:Q —
City Att e
COUNCILMEMBERS:
YOUNG Aye
ACOSTA
Aye
GRISET
Absent
MAY
AYe
McGUIGAN
Ave
PULIDO
Absent
CITY OF SANTA ANA
B_ .
i,e H. Y u g Mayor
AMENDMENT NO. 1
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of the San Joaquin Hills
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 San Joaquin Hills 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 costs 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 Dana Point, as of the
17th 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 San Joaquin Hills Transportation
Corridor Agency, and is amended by this Amendment No. 1. to such
Agreement, pursuant to Section 9.1, by and among all of the following
public agencies as of the _ day of , 1989, the date on which the last
of such public agencies executed this Amendment No. 1 to such Agreement:
(a)
County of Orange
(b)
City of Costa Mesa
(c)
City of Dana Point
(d)
City of Irvine
(e)
City of Mission Viejo
(f)
City of Newport Beach
(g)
City of San Clemente
(h)
City of San Juan Capistrano
(i)
City of Santa Ana
t
EXHIBIT A
Page 1 of 4
SECTION 3. Section 3.2 hereby is amended to read as follows:
... 3.2 BOARD.
a. The Board shall consist of the following:
W One voting Board Member appointed by the
legislative body of each of the following Parties, pursuant to Section
3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Newport
Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa
Ana.
ATTEST: COUNTY OF ORANGE
Clerk of the Board of
Supervisors By:
Chairman
Board of Supervisors
By:
Dated
APPROVED AS TO FORM:
By:
County Counsel
ATTEST: CITY OF DANA POINT
Clerk of the
City of Dana Point By:
Mayor
Dated
APPROVED AS TO FORM:
By:
City Attorney
EXHIBIT A
Page 2 of 4
0
ATTEST:
Clerk of the
City of Irvine
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 San Clemente
By:
Dated
APPROVED AS TO FORM:
,BY:
City Attorney
CITY OF IRVINE
B Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
EXHIBIT A
Page 3 of 4
0
ATTEST:
Clerk of the
City of San Juan Capistrano
By:_
Dated
APPROVED AS TO FORM:
By:
City Attorney
M
Clerk of the
City of Santa Ana
B
1 Guy, 1C9lerk the Council
e 1 Da Anr 3, 89
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CITY OF SANTA ANA
By
Major, Daniel .You
EXHIBIT A
Page 4 of 4
0
f' •
CITY COUNCIL
AGENDA DATE OCTOBER 3, 1988
TITLE FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENTS
FOR THE SAN JOAQUIN HILLS AND FOOTHILL/
DATE OF COUNCIL ACTION
f}- i ---� e-D
/I -n -063f o)
c,dv:z5/
OCT 3 IJ88
-- p4inori204 ltte 5it}144EO^"� to
prepare and the Mayor and Clerk W
&1'e64ita 3QYPpmant.
RECOMMENDED ACTION
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 -IRS - IOOB> e8 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.
, 'NDUM
Jan Perkins
" JTO: Deputy City Manager rd
David H. Grosse, Executive Dire
From: Public Works Agency
�. �_�P • ��P VWVN21 • • LI1 0 W4 11 jIN 161melm mnl 31, _ u ,■ air .,
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 agreeme:it 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 I.MPACT
There is no direct fiscal impact on the City of Santa Ana.
RECOMMENDATION
Authorize the Mayor to executive the First Amended and Restated Joint Exercise
of Powers Agreement for the San Joaquin Hills and Foothill / Fastern Transporta-
tion Corridor Agencies.
David H. Grosse
DHG /GA /jr
TRANSPORTATION CORRIDOR AGENCIES
3347 Michelson Drive, Suite 450
Irvine, California 92715
Foothill /Eastern (714) 553 67� IU 30 'g� San Joaquin Hills
Corridor Agency FAX (714) _ 1762 Corridor Agency
Chairman: Dan Young John Meyer, Execfd vt 0jrecjor .. J N Chairman: Thomas F. Riley
Mayor, City of Santa Ana CITY O "FSAtiTAANA Supervisor, County of Orange
Members: City of Anaheim
["me
Mission Viejo
Orange
San Clemente
Count
San Juan Capistrano
Santa Ana
Tustin
Yorba Linda
v of Orange
November 30, 1988
Ms. Janice Guy
City Clerk
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Dear Ms. Guy,
Members: City of Costa Mesa
Mission Viejo
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
County of Orange
It is a real pleasure to finally be able to transmit a signed
original of the First Amended and Restated Joint Exercise of
Powers Agreement for your files. This material became of utmost
importance to the agencies because until now we did not have the
complete agreement in the form of a single document. We realize
that we may have been a nuisance over the last month while we
were collecting signatures, but we appreciate the cooperative
spirit that we have found in all the clerk's offices around the
county.
Your city manager has received a conformed copy under separate
cover and a conformed copy has been made available to your city's
member of our Board.
Thank you for your help in securing the signatures on the
originals and if you have any questions about the material please
do not hesitate to call.
Sincerely,
John Meyer `
Executive Director
r
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
TABLE OF CONTENTS
NUM
RECITALS
. .
. . . . . . . . . . . . . . . . . . . .
. 1
I.
DEFINITIONS . . . . . . . . . . . . . .
. 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 . . . . . . . . . . . .
. 7
3.3
Principal Office . . . . . . . . .
. 8
3.4
Meetings . . . . . . . . . . . . . . .
. 8
3.5
Quorum . . . . . . .
. 8
3.6
Powers and Limitations Thereon . . . .
. 8
3.7
Minutes . . . . . . . . . . . . . . .
. 9
3.8
Rules . . . . . . . . . .
9
3.9
Vote or Assent of Parties . . . . . .
. 9
3.10
Officers . . . . . . . . . . . . . .
9
3.11
Committees . . . . .
.10
3.12
Additional Officers and Employees . .
.10
3.13
Bonding Requirement . . . . .
.10
3.14
Status of Officers and Employees . . .
.10
IV.
FEES
. . . . . . .
.11
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 . . . . . . . .
.13
5.1
Joint Action with Other Agencies . . .
.13
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 . . . . . . . . . .
. . .14
6.3
Accounts . . . . . . . .
. . .14
6.4
Expenditures Within Approved
Annual Budget . . . . . . . . . .
. . .14
6.5
Audit . . . . . . . . . . . . .
. . .14
VII. SECURITIES . . . . . . .
7.1 Securities . . . . . .
15
15
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 . . .18
XI. MISCELLANEOUS . . . . . . . .
11.1 Amendments . . . . . . .
11.2 Notice . . . . . . . .
11.3 Effective Date . . . . . . .
11.4 Arbitration. . . . .
11.5 Partial Invalidity . . .
11.6 Successors . . . . . . .
11.7 Assignment . . . . . . .
11.8 Execution . . . . . . .
. . . . . . . .18
-ii-
. . . . . .18
. . . . . .19
. . . . . .19
. . . . . .19
. . . . . .20
. . . . . .20
. . . . . .20
21
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
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 /"7,tA day
of 1988, the date on which six or more of the
following public agencies executed this First Amended and
Restated Joint Exercise of Powers Agreement Creating the San
Joaquin Hills Transportation Corridor Agency:
(a) Coun!
(b) City
(c) City
(d) City
(e) City
(f) City
(g) City
(h) City
.y
of
of
of
of
of
of
of
if Orange
Costa Mesa
Irvine
Mission Viejo
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
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 San Joaquin
Hills 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 San Joaquin Hills
Transportation Corridor. 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 entered into this Agreement with
the express understanding that the acquisition of rights -of -way
and similar property interests necessary for the construction
of transportation facilities pursuant to this Agreement shall
be accomplished at little or no expense to the members hereto
or to the Agency created hereunder. However, it is recognized
by the Parties hereto that prior to the execution of this
Agreement, the County of Orange, as the sole responsible Party
for the administration of the Orange County Major Thoroughfare
and Bridge Fee Program, assumed the right and obligation to
acquire a certain right of way located in the City of Laguna
Beach ( "Sycamore Hills ") in the area of Tentative Tract Map
No. 8965 not available for dedication in addition to certain
other property, and such right and obligation shall be assumed
by the Agency but only to the extent of the aliquot value of
such right of way.
H. 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.
-2-
I. 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.
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 First Amended and Restated
Joint Exercise of Powers Agreement, as amended from time to
time.
b. "Agency" means the SAN JOAQUIN HILLS
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.
-3-
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
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 "SAN JOAQUIN HILLS 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
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.
ELT
The purpose of this Agreement is to jointly exercise
the foregoing common powers to undertake such studies and
planning relative to the San Joaquin Hills Transportation
Corridor 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
thoroughfares and bridges in the San Joaquin Hills
Transportation Corridor. 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 financing and construction of the San Joaquin
Hills Transportation Corridor;
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;
-5-
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;
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 Costa Mesa,
Irvine, Newport Beach, San Clemente, San Juan Capistrano,
Mission Viejo and Santa Ana.
(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).
-7-
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
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 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.
3.9 Vote of Assent of Parties.
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.
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 lst 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.
ME
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
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.
3.13 Bonding Requirement.
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.
TO ,. .
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.
-10-
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
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 pay said fees to the Agency in quarterly payments,
within sixty (60) days after the end of each quarter.
-11-
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
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. Except as provided
in Recital G of this Agreement, in the event that a Party fails
to acquire these rights -of -way by the above - mentioned means
after the route alignment for the San Joaquin Hills
Transportation Corridor is 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.
-12-
V.
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 Foothill and Eastern
Transportation Corridors 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.
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.
-13-
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 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.
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.
-14-
VII.
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.
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.
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 , unless expressly specified
herein.
Each Party hereto agrees to
Agency and the other Parties harmless
damages, actual or alleged, to person
of or resulting from negligent acts o
indemnifying Party or its employees.
-15-
indemnify and hold the
from any liability for
s or property arising out
r omissions of the
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 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.
IX.
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 written consent of the Parties evidenced by the
execution of a written amendment to this Agreement, and
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
-16-
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.
X.
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 California Department of Transportation
agreements, 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, upon the withdrawal from the Agency of a
sufficient number of the Parties to leave less than six
Parties remaining in the Agency, or upon transfer of title to
the corridor to the
-17-
California Department of Transportation and 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.
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
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.
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.
IRM
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 six or more of the
Parties enumerated in the introduction of this Agreement.
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
-19-
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.
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.
-20-
11.8 Execution.
The Board of
the city councils of
authorized execution
authorized signatures
ATTEST:
Clerk of the Board of
Supervisors
a
Supervisors of the County of Orange and
the cities enumerated herein have each
of this Agreement, as evidenced by the
below, respectively.
APPROVED AS TO FORM:
County Counsel 0
ATTEST:
City Clerk
City of Costa Mesa
By
APPROVED AS TO FORM:
Citq Attorney
ATTEST:
City Clerk
City of Irvine
Dated OCT 14 1998
CIT F COST M A
By
Mayor
Dated
i
CITY OF IRVINE
gy �ze�r '
May
Dated �� /`�
-21-
ATTEST:
City Clerk
City of Mission Viejo
APPROVED AS TO FORM:
City'--Attorney
ATTEST:
City Clerk
City of Newport Beach
�...• • •.
ATTEST:
City Clerk
City of San Clemente
CITY OF MISSION VIEJO
Mayor
Dated Za ° / % - e 9
A
1A
W
CITY OF SAN CLEMENTE
BY �� &4)-
Mayor
Dated
_22_
ATTEST:
City Clerk
City of San Juan Capistrano
By.y -,
APPRO D AS TO) F RM:
I�
City At orney
ATTEST:
City Clerk
City of Santa Ana
CITY OF SAN JUAN CAPISTRANO
CITY OF SANTA ANA
-23-
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-
r
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 N0,
TITLE
PAGE
IV -1
San Joaquin Hills Transportation Corridor Cost
10
IV -2
Foothill /Eastern Transportation Corridor Cost
10
VII -1
San Joaquin Hills AOB by Local Jurisdiction
15
VII -2
Foothill /Eastern AOB by Local Jurisdiction
19
VIII -1
Fee Program Share of Corridor Cost
23
VIII -2
Adjusted AOB Trip Ends
25
VIII -3
Fee Program Share by Land Use Category
26
VIII -4
Area of Benefit Fees
27
-iii-
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 8/0 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.
-4-
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.
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
am
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 uses 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
1 -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
Im
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.
30
TABLE IV -1
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST
Construction:
Engineering & Admin.:
Contingencies:
Right Of Way (in excess
of Major Arterial Hwy.)
Total (for purposes
of Fee Program):
$259,736,000
38,960,000
25,974,000
$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
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.
AREA OF BENEFIT
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 data described above, a select link
analysis (program UROAD /) was performed to determine the number
of corridor related trip ends which originate in, or are
I/ 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.
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
Costa Mesa
Irvine
Laguna Beach
Mission Viejo
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
City Subtotal
Unincorporated Territory
Total
4WETMEW �c
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 El 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:
-18-
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
FfTa UP 1T4EFFi1LTQ e
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.
NE A
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 fxom 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-
5-/
SJHTC F /ETC
Zone A $97 a56 774 $x,091 80 /TE
_ $74 /TE _ $
1,321,160 1,665,922
��� �4?_330 ti1L 131 975
Zone B _ $46 /TE _ $43 /TE
1,462,093 2,730,730
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 pGgrowthiin dwellinghunitsn
Exhibit XI. The projected
was taken from the respective San Joaquin Hills and
Foothill Transportation Corridor studies. Projected
was
growth in industrial /c� cnercial floor
projections.
generated from MMTS II employm
C. FEE DISTRIBUTION
Various land uses within the area of benefit have been
grouped into three major categories for the purposes
es to individual developments. The
of distributing fe
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, neighborhootratesmercials
and office uses. The trip generation 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
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:
TABLE VIII -2
ADJUSTED AOB TRIP ENDS
Zone A Zone B
Generated Adjusted Generated Adjusted
Trip Ends Trip Trip Ends Trig Ends
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
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-
TABLE VIII -4
AREA OF BENEFIT FEES
_27—
Original
Original
Fee
Original
Rounded
Current
Land Use
Calculation
f2k
fol
LU
SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR
Zone
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
fig
fee
fl.@
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 1unit
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
-28-
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:
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
rootniiiizastern Avn «one n):
(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
MONEVIONZ161
_ $ 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
V4
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
u 's_ •
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.
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.
3. 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 development not requiring subdivision is
conditioned to construct or grade portions of the
transportation corridors or dedicate right -of -way,
reimbursement agreements shall be executed prior to
issuance of any building permits within the project
boundaries.
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
-32-
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.
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.
MICUfl
-36-
�g
i
a
Eg
1
_ �isaT aI
3 RESOLUTION OF THE 80AR0 OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
i April 21, 1982
6 On motion of Supervisor Wieder, duly seconded and carried, the
7 following Resolution was adopted:
S 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-way for
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
1S wHEREAS, right- of-way for the transportation should be protected
o•
." 16
as development occurs; and
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 !acilities
23 for access; and
24 WHEREAS, development policies for the implementation of the
r 25 transportation corridor will provide a basis for planning of future
26 development and serve as notice to the public as to the future
27 locations of the corridors;
ttGG :dh Resolution Sic. 82 -398
Transportation
Development Corridors
mentPo icy -37-
11
2
3
1
S
6
7
9
10
11
121
131
14
It a IS
a
as"
o 16
S
• r • 17
18
19
20
21
22
23
24
2S
w
-
26
7
M
t
27
23
NOWO TMt..teeORE, BE IT RESOLVED that as a condition of approval
of subdivisions containing within their boundaries portions of
transportation corridors shown on the Transportation Element of the
County General Plan the developer shall:
1. Dedicate right- of-way to County.
2. Grade corridor right -cfway in accordance with schematic
plans approved on the tentative snap and rough grading plans approved
by the Director, IM.
3. Construct arterial overcrossings for internal arterials.
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 of short gaps). Number of lanes required is to t
based upon traffic generated by proposed project.
5. Participate, among other designated beneficiaries, in any
established corridor development fee program. Costs incurred pursuar.
to Conditions 2 through 4 shall be creditable against fees. Costs
incurred pursuant to Condition 1 shall be creditable against fees to
the extent that the develop - =t fee program includes said right- of -wa.
cost.
BE IT FURTHER RESOLVED that EMA is hereby directed to amend
appropriate seotiohs of the Subdivision and Zoning Codes to implement
this policy.
BE IT FURTHER RESOLVED that EM is hereby directed to incorporate
In General Plan amendment elements, soning actions, area plans and
site plans recommendations appropriate for implementing this policy.
-38-
l
1
2
3
1
s
7
8
9
10
31
12
13
14
bE IT euk'YFLk kESULVED that EN.A is hereby directed to begin
analy21ng potential areas of benefit as an adjunct to the Orange Count
Orange County Transportation Commission Transportation Finance Study.
BE IT FURTHER RESOLVED that affected cities be requested to adopt
similar policies.
BE IT FURTHER RESOLVED that MA is hereby directed to proceed
eypeditiously with the establishment of a fee program.
J
Y
�yY
r 16
o' 17
Y
18 AYES: SUPERVISORS &tiFMI� -'T'1' M. VIEDER, RAMPS B. CLARK, AND ROGER' R.
STANTON
19
20 NOES: SUPERVISOPS Mon
ASSENT: SUPERVISORS BRUCE MESTANDE AND TSO►SAS F. RILEy
21
22 STATE OF CALIFORNIA
23 COUNTY OF ORANGE
I. JUNE ALEXANDER, Clerk of the Board of Supervisors of
24 hereby certify that the above and foregoing Resolution was duly
the said Board at a regular meeting thereof held on the ,2211stt
25 19 82 and passed by a ananimnfs rote of said Board �.YR.
' 26 IN WITNESS WHEREOF. I have hereunto set my hand anaaba
? . 19 82 . 11 1
28 i f f .
Clerk o 4
g of OranS1e 1
-39-
. Califorr.i
.adopted by
1-this 21st 4ay of
ierd of Suptgienrs
fo� is
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-42-
EXSIEIT VII
page 1 of 2 _
TU PR003UM SHARE or �Ri, � ON OR C RDO
SAN JMQMN MLLS TRANS
ler
poant corridor TE dw to �owth ' trip ends due t0 growth
Total Trip Ends
2percent corridor users Tz by sons . Total trip ends per sons
cation of total trip eras
3peroent corridor users TE due to growth a Percent T2 due to growth x
percent corridor users TE by sane
IT20 -19
-44-
Outside
We A
zone E
AM
Corridor user Tri s
Mith One or 7th —Ends In zone
Trips beginning and ending in cone
27,109
5,590
9,116
(Trips due to growth)
290047
98811
22,195
(Total trips)
In/out Trips
60,145
25,834
49,798
(Trips due to growth)
78,820
35,345
69,694
(Total trips)
Oat/in Trips
57,362
28,141
50,274
(Trips due to growth)
73,274
38,SB2
72,203
(Total trips)
Trip End Analysis
171,725
65,755
118,304
(Trip ends due to growth)
210,188
93,549
1860487
(Total trip ends) 1
due to
$1.70%
70.29%
63.44%
(percent corridor 72 growth)
(percent corridor users TE by Bone) 2
doe to
42,881
35.031
19.0et
13.41%
38.04%
2 {.13%
(percent corridor suers TE growth)3
ler
poant corridor TE dw to �owth ' trip ends due t0 growth
Total Trip Ends
2percent corridor users Tz by sons . Total trip ends per sons
cation of total trip eras
3peroent corridor users TE due to growth a Percent T2 due to growth x
percent corridor users TE by sane
IT20 -19
-44-
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Page 1 of 2
975E PROMM SMM OF 'DOTAL CORRIDOR COST
=O0 n.LAWTERN TRhMpORTATION CORRIDOR
1Percent corridor TE doe to growth ' trip ands due to growth Trip ip Ends
SPercent corridor users TE by zone ' ration of total trip ends
3Pesoent corridor users IS due to growth ' Percent e o
cent corridor users TZ by sou
VT20 -19
-46-
Outside
%one A
lone E
AOS
Corridor Dser Trips With One or Soth Ends In Zone
Trips beginning and ending in sons
27,922
9,322
20,555
(Trips due to growth)
28,200
11.657
37,307
(Total trips)
In/Out Trips
(Trips dui growth)
65,629
80,763
31,320
460004
64,217
88,512
(Total trips) s)
out/In Trips
(Trips due to growth)
75,449
33,648
45,760
55,069
79,696
(Total trips)
850823
=tip and Analysis
(Trip ends due to growth)
199,922
83,612
160,396
trip ands) 1
due to
226x986
88.08%
1151078
72.66%
242,822
66.05%
(Perosnt corridor TE growth)2
(Percent corridor users TE by lone)
38.18%
19.68%
41.52%
(percent corridor were TE due to growth)3
34.18%
14.30%
27.421
1Percent corridor TE doe to growth ' trip ands due to growth Trip ip Ends
SPercent corridor users TE by zone ' ration of total trip ends
3Pesoent corridor users IS due to growth ' Percent e o
cent corridor users TZ by sou
VT20 -19
-46-
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Page 1 of 2
DAILY VEHICLE TRIP GENERATION RATES
ORANGE COUNTY LNVIRONME TAL MAN =4ENT AGENCY
August 1982
?be following is a listing of vehicle trip generation rates used for planning
purposes by the Environmental Management Agency. These rates have been compiled
from a variety of sources, including county conducted studies, and are deemed
representative of land uses within Orange county. •TE/Esf' is an abbreviation
for trip ends per thousand square feet of gross building floor area. •TE /Acre•
refers to trip ends per developed acre.
Land Use TE/Raf TE/Acre TE/Other
t:e•r�
Light Industrial/Industrial Park 13 176
warehouse 5 42
RESSIDENTIAL
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
octal
Motel
Resort motel (TRC Use)
.rY .
Neighborhood Park
Regional Park
State Park
Kerins
Beach
Golf Course
campground
Tennis Club
Baquetball Club
Nlementary School
Junior Nigh School
Nigh School
Junior College
Church - weekday
church - Sunday
Library
—50—
26
19
44
42
300
a
5
1
47
60
s0
s0
60
135
310
10 TE/ROM
9 TE/Room
19 TE/ROOm
4 TE/Serth
350 TE/1000' Shore
5 TE /Campsite
43 TE /Court
31 TE/Court
1.0 TS/Student
0.9 TE /Student
1.4 TE /Student
1.5 TE /Student
S70iISIT II
Page 2 of 2
Land Use TE/Uf TE/h=* TE/Other
Rospital
Nursing Sole
O"ICE
General Office
Medical Office
Research Center
Discount Store
Rardware/ecme Improvement
Sbopping center - Regional
( 30 Acres)
Shopping Center - Community
(10-30 Acres)
Slopping Center - Neighborbood
( 10 Acres)
Restaurant - Quality (i.e.# Velvet Turtle,
Sungry Tigerp etc.)
Restaurant - Sigh Turnover (ie.p Sob'sp
penny's, etc.)
Restaurant - Past Food (i.e.p Nacaonald'ap
Carl's Jr.p etc.)
Automobile Sales
Service Station
Supermarket
Convenience Market (i.e.# 7 -21p
stop i O;op etc.)
Rank - 11alk In
Sank - Drive In
Savings and Loan - Valk In
Savings and Loan - Drive In
MU#6esDT20 -22
4/11/!5
-51-
is
i5
75
10
65
SO
so
70
13S
Il0
3S0
900
225
350
ISO
195
65
75
200 14 TE/Sed
3 TE/Sed
240
40
550
S00
900
1.250
400
750 TE /Station
,y 99 -04.36 ✓
ADDENDUM NO. 1
TO JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange and the Cities of
Costa Mesa, Newport Beach, San Clemente, San Juan
Capistrano and Santa Ana have executed a Joint Exercise of
Powers Agreement (the "Agreement "), creating the San
Joaquin Hills Transportation Corridor Agency (the
"Agency "), which Agreement became effective on May 8,
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 Agreement; and
WHEREAS 88 -32, establishing i
ngthear s
easofl adopted Resolution
benefitandfees for such
Major Thoroughfare and Bridge Fee Program, a copy of which
is attached hereto as Exhibit "B,11 in accordance with
Section 4.1 of the Agreement; and
WHEREAS, pursuant to Section 9.1 of the
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 Agreement; and
WHEREAS, Section 9.1 of the 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
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 Agreement, as evidenced by
the authorized execution below of this Addendum No. l to
the Agreement by the existing parties.
agrees toBbel bound TbyR the Ste ms,andaconditions conditions
Agreement, as evidenced by the authorized execution below
of this Addendum No. 1 to the Agreement by the City.
ATTEST:
Clerk of the Board of
Supervisors
Dat
ATTEST:
Clerk of
City of Costa Mesa
By:
Dat
ATTEST:
Clerk of
City of Newport Beach
Date
-2-
COUNTY OF ORANGE
By:
Chairman
Board of Supervisors
CITY OF COSTA MESA
By:
Mayor
CITY OF NEWPORT BEACH
By:
Mayor
ATTEST: CITY OF SAN CLEMENTE
Clerk of
City of San Clemente By:
Mayor
By:
Dated
ATTEST: CITY OF SAN JUAN CAPISTRANO
Clerk of
City of San Juan Capistrano By
Mayor
By:
Dated APPROVED AS TO FORM:
ATTEST:
Clerk of
City of Santa Ana
By:r`
Dated
ATTEST:
City Abnli!ipr
Clerk of
City of Mission Viejo
By:
City Attorney
CITY OF SANTA ANA
By: r
Mayor
APPROVED AS TO FORM:
By: to
City }fit me
CITY OF MISSION VIEJO
By:
mayor
By:
Gated:
APPROVED AS TO FORM:
By:
City Attorney
-3-
i
ORDINANCE N0. 86 -1
T AN URGENCY ORJ2INANCE 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 VIM DOE$
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the Provisio's
57376 of the Government Code of the State of n of Section California, all
ordinances of the County of Orange, codified in the Orange
County Code, and all
Orange other ordinances of the County of
applicable thereto, are hereby adopted as ordinances
of the
and City of Mission Viejo and shall remain in full force
City as .City Ordinances for a period of One hundred
twenty (120) days from the effective date of this ordinates,
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 Citv of Mission Viejo unless a
different geographical area is clearly
1.ndicated 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 Ordinance enacted within one
hundred twenty (120) days from the effective date of this
ordinance shall be deemed to supersede any County ordinance
referenced herein unless the City ordinance specifically
refers thereto and state's an intention to Supersede it.
EXHIBIT "A"
r.,vo
SECTION q, 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 therefore necessary for the protection of the
Public health, welfare, and general safety and shall take
effect immediately upon•its adoption.
PASSED AND APPROVED) this 31$t day of March, 1988,
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF MISSION•VIEJq
as.
MAYOR
I, William 0. Talle ,
Mission Viejo, do hereb City Clerk of the City of
y certify that the foregoing
Meeting of
Ordinance No. 88 -1 was duly adopted and passed at the First
the City Council on the 31st,day of March, 1988,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Craycraft, Curtis, Jeffs, &esna, Murray
NOES: COUNCILMEMBERS:' o
ABSENT: COUNCILMEMBERS: l)
I hereby certity, under the penalty
of perjury that the above and foropond
Is a true and correct copy of
Ordinance No._,$g,j
as adopted by t„= ty Council
Misslan VieJo, C811410rnla on the
V &day of xx
19
IVY J. MEL, CITY CLERK
by:
-2-
CITY CLERK
ORDINANCE N0.3534
AN ORDINANCE OF THE COUNTY OFORANOE,
CALIFORNIA, AMENDING SECTION 7.9-316OFTHE
ORANGE IRELATINGTOMAJORTHOROUGHFARES
ANDBRIDGEFEES
Tie Board of Supervlon of the County of Orange. California, doe,
in
orda a follows'
_ SECTION 1. Section 7•0 310 of the Cod invd Ordinances of the Count' or
7 it amended to rood as Set 74-31d Major thuroughrAre l
and bridge Ere.
a Aaubdlvlderfec,w condition oftppruealfafinal or parcel map,
sec a building print, applicant. is a condlllun of issuance of a building
PeT'<It• Shall pay a fee sA horeinancr established to defray Ina coats of
eoaeiruelmg brldgex over waterways railways, fraow•ays and eonypns, fir
eoosl+veling major thoroughfares
b Dtnnillons.
all The term "construction" as used In this section Includes prelimim
uT staid teat dosUn. areul,lllon pf rlghi•of way, edminirtralion of c... true
U t tontncis, and actual conslruolion
en The term "major IAorouYhfam" means (hoot roads designated as
wows an the Water plan of Arlerol 11 9hxjr,C(heC rvulAll In Element or
the Gent ral Plata The primary purpose Orsurh "cads is to sorry through
trarAe and provide a nelwork connecting In and Including III,. state high•
war system
On °Bridge Pad titles man thorn locutions Identified Intho transpor•
teDOO or nnod conlrul Dmvlslom of lhr l'Irrutatiun Elrmolur otharcle•
mew of the General Plan me requiring a bridge to spun a waterway, a
raiiwly. freeway, of Canyon
NI "Arco Of bencRf' means a speri Red area w•hel'I -In It her been deter
into" that the real properly loci led therein will beneRl from the con.l ruc•
uoa ora major Ihoruughtaro or bridge pmlccl.
t The provisions herein: for payment "to too shall apply only if the
maJoc thoroughfare or bridge facility ho, been Included in an element of
the Gtnoral Plan adopted by the Board of Suprnmon at Icusl thirty (30)
days prior to the filing of u ma or IPPIIml on for A building permit and an
Lead located within the bounTiorica of the area of benenl.
at Payment of fees shall ram be requited unless any major thorough..
hen arc In addition lo. or A widening or recnnxl"uction tat any Cal,
major thoroughfares serving the arcs al the Ilmr of Iris atloplipn Of lam
boaredarles of the area of bcne0l.
a Payment of Peer. shall not be requdnvl unless any planned bildSc
recd" Is An original bridge toning the area or an addition to an existing
bndae fec{llty oem"g line a ra a1 the lmr of the adopllon of the boundaries
of the area of benont.
E Action to establish an area ofbeneRi may be initiated by the Bonrdof
gar PQ isora upon Its own motion or upon the ncomnvndalionofthe Direr•
Ar.6wironmenlai Managemoni Aaencv Th •nn r,,.,.d tall e......__.....
. cx ono rrrmmilnendal Iona at a.
stet meeting The Planning Commission s ommi
1 And the Director. Environmental Management r
ra!nemitlod to the Board of Supers Isere The $
set 1 public hearing me .h n ........... .. . .. .
,s. a. snow n un me last equaliavd asaalomenl roll ofpropcn
V witAia the proposed area of bencOl.
S (y) Al the public hearing the Board OrSupervi$Ors will ontlder the
laa t+aoony. written pr i, and other trtdoce. At (he conclusion of the
pubis hearing the Board of Supervisors mop•, unless a majurly written
protest le Bled and nil withdrawn me xpeclnod In vCvtlon Y 10) establish an
area of bencnl. If tstsbhshod, the Board of Supemixnrs shall adopt a
noelwtlon describing the boundaries nflho fly
anau 01100l.velbng forth the
toot whether Actual or estimoled. and the a iW price apportionment. A
Ceru Eyed Copy of such man of u0nn shall be recorded with the County Pitt,".
der of the Orange County.
C Such apponioned face %hillbe appllcohle to off property within the
Area Nbent BI and shall be payable as a condition orapprnval M, o final map
or As a condition of Islumg a building permit for such properly or portion,
thereof Where the Area ofbrnefil includes find, not subject to the payment
Of Ern pursuant to this retlicn, the Board of Supervisors the II make Prue'
eiom for paymtnl of the there of improvrmo( roil Appunlunud M much
soda from other rnurres
cT Written protest shall be ru,eked bylhe Clerk Drina Board of5uper•
vlon AI any time prior m the rlosc oflhe Public hearing fru ritten proloslr
tae .n.sed by the owners of more than onnhan.rlho arch of Iha• pruperty' In
be be tiefeed bythe imprmeme.! Cod ,u stir Irnl prules!urc notwllhdra wI
0061 to reduce lie area reproxenled 6y the protests to lets (Ian once, +Ifuf
ddac� the aria dthe ust'd As thin the Proposed Proueedmgs shall be sham
said end the Board nfSU Penisorsahell nil, forone year from Ihr riling nlr
std wnllon protenL commence or CAM.n any proceeding, for the same
overnled by an Affirmative rule . of fnur•OOI
Any oleaU maybe withdrawn Ry'lhenwn..
any tome prior to the dole of the public me
N:.If any majority olatest Ia dirnrind
she!: be barred for a
not be barred from t
One Itpmvement to
ced by a new no
the protests am
only a portion of
the pruvl.isuss or
(3) Nothing In this section shall :prohibit the Board of Supervisors.
Within garb oneyear ptrlod from commencing end carrying on new pro,
eeedings rally' ronatrwction o/an Improvementor portion ofly, Improve,
events ran protested agafnrl or,, finds bythr affirmative vote offour•nnh of
It members the( the owners of more than One-half of the area of the
proPenY to be benell4d sn in favor ufgning forwvrd wuh such Improve
intril . or poellon Ihenof.
bridge rise
acility or major thoroughfare emotion ods Aa'fund shill be established for
each planned bridge facility project or etch planned major In .... Shia,
Project If the area of beoent n one In which more thin one bridge or major
thoroughfare N required to be Constructed. a Separate fund may be aatab-
lished eovoring al i ofthe bride projocti or major thorougbfena In the area
Of benen`_]fine ana otbeAthi to CemP 101 one or more bridges and one
MAY be established to account for feel cad M a.w r„ . n e; !ieluna
I name$ o
the same.
Cha mild of the Board Of 5upervlllcir,
SIGNED AND CERTIFIED THAT A COPY efbgage County. California
OF THIS DOCUMENT HAS SEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D ROBERTS
(SEAL)
Clerk of the Board of Supervisor
County or orange, Calibrate
STATE OF CALIFORNIA I
COUNTY �
F ORANGE 1
ci
I. LINDA that al® regular Moiling moiling of the Board at $upenlllon of Orange
CoOnly, CAIIrornia, held on the 2001 day or August. I063. the foregolfq
onlinanee conbinirs two (2) aenioni was Passed and Adopted by the follow-
Iv volt
AYES: SUPERVISORS RALPH B CL:lRX, HARRIETT' M WIEOER,
:ROGER R SIANTON. BRUCE NESTANDE
NOES: SUPERVISORS. ANNE THOMAS P. RILEY
ABSENT: SUPERVISORS NONE
IN WITNESS Official meet of the Board of Supervisors of the C unty of Orange, State f
CAllforela. Chit. 2001 day of August. HeSS. ,
(SEAL) LINDA ROBERTS
Clerk of the Board of Supervisors of
STATE OF CALIFORNIA I Orange - County, Califrnio
COUNTY OF ORANGE If
I LINDA D ROBERTS, Clerk of the Board of Supervisors, do hereby
certify that at a regular meeting of the Board of Supervisors of Orange
County, Callrornu held on the I" day of September. Ill". the fore going
ordinance onleintng Iwo (2) sections was passed and readopted by the
Following vote:
AYE'S:, SUPERVISORS THOMAS P RILSY, ROGER R STANTON.
RARRIETT M. WIEDER,BRUCE NESTANDE
AND RALPH S. CLARK
NOES: SUPERVISORS NONE
ABSENT' SUPERVISORS NONE
IN WITNESS WHEREOF, i have hereunto set my nano And affixed the
OIRCAI teal of the Board of Supentanra crthe County oro,mge, State of
CA llfornla, this 10th day of Stpltmbtr3lasS,
(SEAL) LINDA D. ROBERTS
not Inrl ud ins any Pon of Clark of the Board f Supervtron of
,eeedingx shad bb cam• Publ{sM1Cd. 6adtlleback We(ley Newt Grace, County California
It forth In sulsrr lion (O September 11. 1PS5
U.i!l['L
RESOLUTION NO. 88-'32
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MISSION VIE JO ESTABLISHING THE
AREAS OF 8ENEFIT, THE ESTIMATED COSTS,
AND THE MAJOR THOROUGHFARE AND BRIDGE FEE
PROGRAMS FOR THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AND THE
FOOTHILL /EASTERN TRANSPORTATION CORRIDOR
WHEREAS, California Government Code Section 66484.3
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 fern 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, 3.534 , 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 ai program for the apportionment of
feeel and
WHEREAS, the City of Mission Viejo hae, pursuant to
Government Code Section 57376(a), adopted Orange County
Ordinance No. 3334 ; and
WHEREAS, in order to fully participate in the
San Joaquin Bills Transportation Corridor Agency and the
Foothill /Eastern Transportation Corridor, Mission Viejo must
establish areas of benefit, the estimated costs, and a
program for the apportionment of feeat
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
San 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 coat of these major
thoroughfares and bridges are as follows:
San Joaquin Hills
Transportation Corridor $3 45,2131000.00
hoothill /Eastern
Transportation Corridors $5210516,000,00
The Program is presently designed to collect 48.44 of the
cost of construction of the San Joaquin Hills Transportation
Corridor and 48.5% of the cost of construction of the
Foothill /Esstorn 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 follows:
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Rounded
Zone A Femme P'ee
Single- family residential
Multi -unit residential
Non- reiidential
Zone 8
Single - family residential
Multi -unit residential
Non - residential
-2-
$1,319 /unit
$ Ue /unit
$1.77 aq.ft.
Fee
$1,021 /unit
$ 596 /unit
$1.31 sq.ft.
$lr320 /unit
$ 770 /unit
$1.75 /sq.ft,
Rounded
Fee
$1,0'20 /unit
$ 595 /unit
$1.30 sq,ft.
FOOTHIL /EASTERN TRANSPORTATION l ARIDOR
Rounded
Zone A Fee Fee
Single- family residential $11308 /unit $1,310 /unit
Multi -unit residential $ 763 /unit $ 760 /unit
Non - residential $1.82 /sq.ft. $1.60 sq,ft.
Rounded
Zone 8 Fee Fr.
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, shall be made each
fiscal year. An Adjustment 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 S. The collection of the fee shall be a
condition of issuance of a building permit so described in
the Program. The payment of fees may be deferred for all
residential rental projects or projects which include State
or 'Pederal requirements to provide units affordable to
families with incomes less than 80% of the median income for
those time periods and subject to those terms and conditions
set forth in Section IX of the Program. rie 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 date of City's
execution of the 11Joint Exercise of powers Agreement
Creating the San Joaquin Sills Transportation Corridor
Agency" and the "Joint Exercise of Powers Agreement Creating
the Foothill /Eastern Transportation Corridor Agency"
( "Agreements "), the City shall remit all fees collected
pursuant to the Program to the Joint Powers Agencies created
by said Agreements pursuant to the terms and conditions of
said Agreements. After execution of said Agreements, any
person agggrieved by 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-
SECTIDY 7. The City Clerk shell rtify the
adoption of thid Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of
May':, 1988.
!!..E.,,.��"'
MAY
Norman P. Murray
I HEREBY CERTIFY that the foregoing Resolution was
duly. adopted by the City Council of the City of Mission
Vie1god o at a regularly scheduled meeting thereof, held hn the
day of MY "., 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS Creyeraft, Curtis, Jaffe, xeena, Murray
NOES: COUNCILMEMURS 0
ABSENT: COUNCILMEMBERS 0
.4-
CITY .Cam .
William 0. Talley
e
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
AGENDA DATE
July 5, 1988
TITLE ADDENDUM NO. 1 TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE SAN JOAQUIN
HILLS AND FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR
RECOMMENDED ACTION
DATE OF COUNCIL ACTION JUL 5
Authorized the City Attorney to
prepare and the Mayor and Gierk to
execute agreement.
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.
156
RR•
..
MEMORANDUM �
TO: David Ream, City Manager Date:
David Grosse, Executive Director
From: Public Works Agenc
June 20, 1988
Subject: ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN
JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
STATEMENT OF THE ISSUE
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. .l to Joint Exercise of Powers Agreement creating the San
Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies.
avib d H. Grosse
DHG /GA /am
157 12B
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
TABLE OF CONTENTS
Page
RECITALS ............. ............................... 1
IDEFINITIONS ... ............................... 4
IIPURPOSE AND POWERS ........................... 6
2.1 Agency Created.. . 6
2.2 Purpose of the Agreement; Common
Powers to be Exercised .................. 6
2.3 Powers ... ............................... 7
III ORGANIZATION . ................
3.1
...
Membership ..............................
8
3.2
Names.. .
8
3.3
........................
Board of Directors
9
3.4
......................
Principal Office ........................
9
11
3.5
Meetings .........................
3.6
.�
Quorum.. ..
�Limitations
11
3.7
... .. .... ....
Powers and �Thereon ...... ..
11
11
3.8
Minutes .................................
3.9
............
•
Rules.. ......
12
3.10
..
Vote or Assent • of Parties
12
12
3.11
Officers . ..............................�
3.12
Committees.. ....
12
3.13
..... ..........
....... ..
Additional Officers and Employees.......
13
14
3.14
Bonding Requirement.. ... ........
14
3.15
Status of Officers and Employees........
14
IV CONTRIBUTIONS... ....... .... .... •.. 15
4.1 Imposition of Major Thoroughfare and
�
Bridge Construction Fee by Members...... 15
4.2 Annual Review of Fees........... ... 16
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 ........................ 19
(i)
VI
BUDGETS AND DISBURSEMENTS
6.1
....................
Annual Budget ...........................
19
6.2
Disbursements
19
6.3
...........................
Accounts . ...............................
19
6.4
Expenditures Within Approved Annual
20
Budget ... ...............................
6.5
Audit .... ...............................
20
6.6
Reimbursement of Funds ..................
20
21
VII
SECURITIES
.... ...............................
7.1
Securities ..............................
21
21
VIII
LIABILITIES,,,,,,,,,,,,,,,,,
8.1
,,
Liabilities .....................
22
8.2
Hold Harmless and Indemnity .............
22
IX
ADMISSION
AND WITHDRAWAL OF PARTIES..........
23
9.1
Admission of New Parties ... .............
23 23
9.2
Withdrawal ........................
...
23
X
TERMINATION
AND DISPOSITYON OF ASSETS........
25
10.1
Termination ............................
10.2
Distribution of Property and Funds......
25
26
XI
MISCELLANEOUS ...............................
11.1
Amendments ..............................
27
11.2
Notice ....... .......................
27
11.3
..
Effective Date .........................
27
11.4
Arbitration .............................
27
11.5
Partial Invalidity ......................
27
11.6
Successors ..............................
29
11.7
Assignment ............................
29
11.8
Execution ...............................
30
30
(ii)
N
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
THIS AGREEMENT is made and entered into as of the 30+h
day of
(it QV Af y_, 1986, by and between five or more of
the following public agencies:
(a) County of Orange
(b) City of Costa Mesa
(c) City of Irvine
(d)
City
of
Laguna Beach
(e)
City
of
Newport Beach
(£)
City
of
San Clemente
(g) City of San Juan Capistrano
(h) City of Santa Ana
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 that area known as the San Joaquin Hills Trans-
portation 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 San Joaquin Hills Transportation Corridor.
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
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
-2-
financing, assessment districts, special legislation, Arteri-
al Highway Financing program funds and other forms of govern-
mental grants -in -aid.
G. The parties hereto enter into this Agreement with
the express understanding that the acquisition of rights -of-
way and similar property interests necessary for the
construction of transportation facilities pursuant to this
Agreement shall be accomplished at little or no expense to
the members hereto or to the Agency created hereunder.
However, it is recognized by the parties hereto that prior to
the execution of this Agreement, the County of Orange, as the
sole responsible party for the administration of the Orange
County Major Thoroughfare and Bridge Fee Program, may have
obligated fees to be collected under said program for the
acquisition of certain rights of way located in the City of
Laguna Beach (Sycamore Hills) and in the area of Tentative
Tract Map No. 8965 not available for dedication, and these
obligations shall be assumed by the Agency.
H. 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.
I. 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.
-3-
0
J. 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.
b. "Agency" means the SAN JOAQUIN HILLS 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 aovernina bodv of the
Agency.
e. "Ex Officio Members" means Board members who
do not have a vote in Agency matters and whose presence
-4-
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, 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 member of the Agency.
g. "Fiscal Year" means July 1st to and including
the following June 30th.
h. "Members" or "Board Members" means those
persons serving as members of the Board or their
alternates.
i. "Party" means each of the parties which
becomes a signatory to this Agreement, accepting the
rights and obligations of the Agency hereunder,
including 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.
-5-
II
PURPOSE AND POWERS
2.1 Agency Created.
There is hereby created a public entity to be known
as the "SAN JOAQUIN HILLS 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
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 San Joaquin Hills Transportation
Corridor as may be necessary to establish areas of benefit,
-6-
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, and construct the major
thoroughfares and bridges in the San Joaquin Hills
Transportation Corridor. The Agency shall not maintain or
operate, or incur liability for the maintenance or operation
of the facilities constructed pursuant to this Agreement.
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 San Joaquin Hills Transportation Corridor;
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;
-7-
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.
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
-8-
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 Costa
Mesa, Irvine, Laguna Beach, Newport Beach, San Clemente,
San Juan Capistrano and Santa Ana.
(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.
-9-
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 com-
pensation from the Agency for his services as may be
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.
-10-
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 Meetinn s.
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.
3.6 Quorum.
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
-11-
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
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
-12-
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
subsequent amendments thereto.
The chairman, vice chairman, and secretary shall
hold office for a period of one year commencing July 1st 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
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.
-13-
3.13 Additional Officers and Employees.
The Board shall have the power, upon the approval
of not less than two- thirds (2/3) of its members, to appoint
such additional officers and to employ such employees and
assistants 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 treas-arer, 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
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-
-14-
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 Brid a 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
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 "C" and incorporated
by reference herein. The imposition of said fee by each
-15-
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.
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
-16-
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
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, 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
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Code of rights -of -way and similar property interests within
its territory which are necessary to accomplish the purposes
of this Agreement. Except as provided for in Recital G of
this Agreement, in the event that a party fails to acquire
these rights -of -way by the above - mentioned means after the
route alignment for the San Joaquin Hills Transportation
Corridor is established and accepted by the Agency, that
party shall compensate the Agency for all costs (including
attorneys' fees) incurred by the Agency in acquiring said
property interests.
u
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 Foothill and Eastern Transportation Corri-
dors or other transportation corridors, the Board is author-
ized 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
MWO
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
-19-
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.
6.4 Expenditures Within Approves! 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
-20-
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
eral, state, or local agency to pay for
for which the Agency has received all
funds from the parties hereto shall be
in proportion to the contributions made
VII
SECURITIES
Agency from any fed -
budgeted expenditures
or a portion of said
paid to said parties
by each party.
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 seg., or any other
applicable 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.
Upon the approval of not less than two - thirds (2/3)
of the members of the Board, the Agency may participate in
-21-
the above- mentioned statutory powers for bond financing of
the fees specified herein; provided, however, that the fees
collected by any individual member of the Agency 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
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-
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
-22-
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.
IX
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
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
-23-
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
additional 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
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 with-
drawal 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.
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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 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.
-25-
1(
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 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 San Joaquin
Hills Transportation Corridor, 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 trans-
portation facilities which accomplish the purposes of the San
Joaquin Hills Transportation Corridor, to the extent legally
possible.
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I
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
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
-27-
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
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
-28-
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-
trator from other members of the panel without the submission
of any additional list.
The arbitrator shall proceed to arbitrate the mat-
ter in accordance with the provisions of Title 9 of Part 3 of
the Code of Civil Procedure.
11.5 Partial Invalidity.
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.
11.6 Successors.
This Agreement shall be binding upon and shall
inure to the benefit of the successors of the parties hereto.
-29-
ATTEST:
City Clerk
City of Laguna Beach
M
Dated
ATTEST:
City Clerk
City of Newport Beach
By
Dated
ATTEST:
City Clerk
City of San Clemente
ATTEST:
City Clerk
City of San Juan Capistrano
is �`, ' +i►
Wated
ATTEST:
City Clerk
City of Santa Ana
= =�
-31-
CITY OF LAGUNA BEACH
By
Mayor
CITY OF SAN CLEMENTE
C
By� <
Mayor
CITY OF SAN JUAN
CAPISTRANO _
By�
Mayor Kenneth Friess
CITY OF SANTA ANA
By.
Mayor
City Attorney
11.7 Assignment.
The parties hereto shall not assign any rights or
obligations under this Agreement without written consent of
all other parties.
11.6 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:
Clerk of the Board of
Supervisors
IM, ��
Dated___ULLj 1111_
ATTEST:
City Clerk
City of Costa Mesa
By
Dated
ATTEST:
City Clerk
City of Irvine
ffm
Dated
-30-
COU
unairman�
Board of Sups
CITY OF COSTA MESA
CITY OF IRVINE
By
Mayor
APPROVED AS TO FORM:
CITY ATTORNEY
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
AGENDA DATE
January 6, 19q�
TITLE ADOPTION OF FEE PROGRAM FOR
EASTERN /FOOTHILL AND SAN JOAQUIN
HILLS TRANSPORTATION CORRIDORS
PUBLIC SERVICES AGENCY
�f<'I a �/I/ .
DATE OF COUNCIL ACTION — a
) Q 9 No- A)S-s1 /
i n
RECOMMENDED ACTION
It' is recommended that the City Council:
/J S -/Sy % � )-
CLERK OF THE 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, Foothill and
San Joaquin Hills Transportation Corridors.
(5) Approve a Joint Powers Agreement for the Eastern, Foothill and San
Joaquin Hills Transportation Corridors.
00023'7
4
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. fee'
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.
oOO238
MI