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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 15, 2012 <br />TITLE: <br />SECOND AMENDMENT TO THE JOINT <br />EXERCISE OF POWERS AGREEMENT <br />WITH THE CITY OF TUSTIN AND <br />AMENDMENT TO THE FY 2012/2013 <br />CAPITAL IMPROVEMENT PROGRAM <br />FOR WARNER AVENUE AND GRAND <br />AVENUE WIDENING PROJECTS <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 151 Reading <br />? Ordinance on 2"d Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />1. Authorize the City Manager and Clerk of the Council to execute the attached second <br />amendment to the Joint Exercise of Powers Agreement with the City of Tustin for reallocation of <br />Transportation System Improvement Program area fees and bond proceeds, subject to <br />nonsubstantive changes approved by the City Manager and City Attorney. <br />2. Amend the Fiscal Year 2012/2013 Capital Improvement Program, and approve an <br />appropriation adjustment accepting funds in the amounts of $8 million from City of Tustin <br />Community Facilities District bond proceeds, and $2,919,046 from Transportation System <br />Improvement Program Area B fees into the Transportation System Improvement Area Revenue <br />Fund, and appropriating $10,919,046 to the Transportation System Improvement Area <br />Expenditure Fund for the Warner Avenue Widening Project from Main Street to Grand Avenue. <br />3. Amend the Fiscal Year 2012/2013 Capital Improvement Program, and approve an <br />appropriation adjustment accepting funds in the amount of $2,790,262 from Transportation <br />System Improvement Program Area A fees into the Transportation System Improvement Area <br />Revenue Fund, and appropriating the same amount to the Transportation System Improvement <br />Area Expenditure Fund for the Grand Avenue Widening Project from First Street to Fourth <br />Street. <br />DISCUSSION <br />The Cities of Santa Ana and Tustin (Cities) entered into a Joint Exercise of Powers Agreement <br />(JPA) dated November 6, 1989, creating a Transportation System Improvement Authority (TSIA) <br />and two Transportation System Improvement Program (TSIP) areas that allow the Cities to charge <br />fees to new development to offset the cost of transportation system improvements within these <br />areas (Exhibit 1 a). On February 22, 2001, the JPA was amended to include a funding mechanism <br />to finance improvements in Santa Ana that would mitigate the traffic impacts identified in the <br />20B-1