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HomeMy WebLinkAboutTRANSPORTATION CORRIDORY AGENCY - PUBLIC HEARING NOTICE - EST 1986A-�(. -06? EASTERN/ FO OTI-11 LUSAN JOAOUIN TRANSPORTATION CORRIDORS C Y , �y PUBLIC HEARING CITY COUNCIL CITY OF SANTA ANA v ni� JANUARY 6,1986 REQULST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE TITLE January 6, 1985 Y ADOPTION OF FEE PROGRAM FOR EASTERN /FOOTHILL AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDORS PUBLIC SERVICES AGENCY DATE OF COUNCIL ACTION \ -->..o --`t to 0'C b' N S .- CITY MANAGER CLERK OF THE COUNCIL RECOMMENDED ACTION It is recommended that the City Council: (1) Conduct a public hearing for the Enabling Ordinance for the Road Fee Program. (2) Approve a Negative Declaration to establish development fees for funding construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (3) Adopt an ordinance adding a section to the Municipal Code adopting a Major Thoroughfare and Bridge Fee Program. (4) Approve a resolution establishing the areas of benefit and Major Thoroughfare and Bridge Fee Programs for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (5) Approve a Joint Powers Agreement for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. 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 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. fee Rex Swanson, Deputy City Manager To: Development � Date. December 17, 1985 David H. Grosse, Exec. Din. [)Ca , From: Public Services Agency 4 v Subject:OORRIDOR FEE PRJGRRAM FOR EASTERN, FOOTHILL _AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDORS. STATEMENT OF THE ISSUE Santa Ana's City Council and administrative staff have been working with representatives from affected cities, the County of Orange, and Orange County Transportation Commission staff in the establishment of a Regional Funding Program for the proposed Eastern, Foothill, and San Joaquin Hills Transportation Corridor. Our participation has assisted in the development of Memoranda of Understanding, Adoption Ordinances, and a Joint Powers Agreement, as well as the Fee Schedule for development in these corridors. The purpose of the Fee Program is to provide an organized framework to assist in the orderly financing, design and construction of these three corridors. This effort has resulted in consensus documents prepared among affected agency representatives as well as a Joint Powers Agreement designed to create Eastern/Foothill and San Joaquin Hills Transportation Corridor Agencies. Each Agency will provide for a shared decision - making process to balance both local and regional transportation concerns. The Agencies will oversee and make decisions on financing, design and construction of the corridors. Each participating governmental agency will be empowered to appoint a City Council member and alternate to the Board of Directors excepting the County of Orange, which will be empowered to appoint two voting members. To became a participant, the City must adopt a Fee Program in those amounts specified in the "Major Thoroughfare and Bridge Fee Program" documents (enclosed). In order to establish a Major Thorough and Bridge (MT & B) Fee Program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits to defray the costs of the major thoroughfares and bridges. Areas of Benefit have been divided into two zones. Zone "A' which receives greater benefit will pay a higher fee than Zone "B The AOB's in the City of Santa Ana are all in Zone "B ". A description of the ADS for the Eastern/Foothill and San Joaquin Hills Corridors are shown in the MT &B documents. The fees for each of the corridors are noted below: Proposed Fee Program San Joaquin Hills Eastern /Foothill Single family $1,010 $920 Multi- residence $ 590 $535 Non - residence $ 1.30 square feet $1.05 square feet The Joint Power Agreement requires annual review and provides for potential modification of the proposed fees. The notification sent to property owners within the ADB for each corridor clearly indicated that the proposed Fee Program affects only new development and that the Fee Program does not affect existing homes, existing commercial or industrial buildings. Additionally, building permits for residential remodeling, addition or reconstruction are exempt. The Program fees would be collected upon issuance of building permit. If the City Council adopts the MT & B Fee Program, the second reading of the ordinance would be held on January 20, 1986 and fee collection would begin on March 1, 1986. Each of the local governmental agencies in the Eastern and Foothill Corridor which include the County of Orange and the Cities of Anaheim, Yorba Linda, Orange, Tustin, Irvine, San Juan,Capistrano and San Clemente have adopted the MT & B Fee Program. For the San Joaquin Hills Transportation Corridor, the County of orange, and the Cities of Irvine, Newport Beach, and San Juan Capistrano have adopted MT &B Fee Program. The City of Costa Mesa has set January 20, 1986 for its public hearing while Laguna Beach has yet to schedule the hearing date. As demonstrated, the Corridor Fee Program has now been adopted by the majority of the Cities and the County of Orange. Fees are now being collected as implementing Ordinances take effect. The City of Irvine, which has been a pivotal participant due to vocal opposition in that community, has taken Council action to implement the program. Irvine will participate unless prohibited through judicial decree or a referendum. The total costs for the corridors and the portion proposed to be allocated to new development through the MT &B Fee Program are: New Development Approximate Total Share of Costs 8 San Joaquin Hills $341,660,000 $165,500,104 48.4 Foothill /Eastern $516,147,000 $250,228,066 48.5 ALTERNATIVES CONSIDERED Since it can no longer be anticipated that state and federal funds can fully construct proposed corridors, new development must provide partial funding. Without these development fees, important regional transportation facilities cannot be constructed. The proposed Fee Program and Joint Powers Agreements provide an equitable way to implement these corridors. Although these corridors will not be constructed in the City of Santa Ana, it will benefit the large employment centers such as the Santa Fe Land Development. The new corridors will relieve congestion on existing transportation facilities as well as providing new travel routes. RECOMMENDED ACTION: It is reccumended that the City Council: (1) Conduct a public hearing for the Enabling ordinance for the Road Fee Program. (2) Approve a Negative Declaration to establish development fees for funding construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (3) Adopt an ordinance adding a section to the Municipal Code adopting a Major Thoroughfare and Bridge Fee Program. (4) Approve a resolution establishing the areas of benefit and Major Thoroughfare and Bridge Fee Programs for the Eastern, Foothills amid San Joaquin Hills Transportation Corridors. (5) Approve a Joint Powers Agreement for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. MAYOR i Daniel E. Griset VICE MAYOR P. Lee Johnson COUNCILMEMBERS John Acosta Wilson B. Hari Hart CITY OF SANTA ANA R. W. Luu xem Luxembourger A. McGuigan 20 CIVIC CENTER PLAZA • P.O. BOX 1988 Dan Young SANTA ANA, CALIFORNIA 92702 NOTICE OF All - AMERICA CITY 1982 -83 CITY MANAGER Robert C. Bobb CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy PROPOSED MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS A major problem facing Orange County is traffic congestion. A partial solution to traffic congestion on the San Diego and Santa Ana Freeway lies in constructing the San Joaquin Hills, Foothill and Eastern Transportation Corridors. In conjunction with the County of Orange and other affected cities, the City of Santa Ana proposed to levy fees on new development to pay for most of the construction costs. The purpose of this notice is to fulfill legal requirements to establish road fee programs for construction of these three transportation corridors. THE PROPOSED FEE PROGRAMS AFFECT ONLY NEW DEVELOPMENT THE PROPOSED FEE PROGRAMS DO NOT AFFECT: ° EXISTING HOMES ° EXISTING COMMERCIAL OR INDUSTRIAL BUILDINGS ° BUILDING PERMITS FOR RESIDENTIAL REMODELING OR ADDITIONS ° BUILDING PERMITS FOR RECONSTRUCTION OF EXISTING RESIDENTIAL UNITS NOTICE IS HEREBY GIVEN that on January 6, 1985, at 7:30 P.M., in the City Council Chamber, 20 Civic Center Plaza, Santa Ana, the City Council will hold a public hearing to consider adopting Areas of Benefit and imposing fees on new development to raise a portion of the funding required to construct the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridors. The balance of the required funds would come from other sources such as State and Federal transportation funds. Fees would be imposed upon new development projects within the City of Santa Ana, and will be apportioned based upon the amount of traffic estimated to be created by each type of new development. Payment of the fees would be required at the time of building permit issuance. Fees would not be imposed upon existing residential, commerical or industrial uses or on building permits For residential, remodeling or additions or for reconstruction of existing residential buildings which do not increase the number of dwelling units. (A dwelling unit is a home, condominium or apartment) The approximate boundaries of the Areas of Benefit and area of existing development exempt from fees are illustrated on the map contained in this notice. Action by the City Council will affect only areas within the City of Santa Ana. You have the right to appear at said hearing and be heard on this matter or you may submit written comments prior to close of the hearing, addressed to: The Clerk of the Council, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, 92702, Attention: Clerk of the Council. For more information, please call the Public Services Agency, Glen Lewis, (714) 834 -4995. l•J T rrl Z �1d i T n a n T ^p O 2� OTIdO�a �� K CT a OD n is �h2 NEWPORT BLVD Q O " wii°uuuu o_ am s n = G a oao V ' u�u HVy Y \ aOC will 'v C VIC Cf NTEP PLAZA BUILDINGS" OTHER PUBLIC FACILITIES Yr IN CCLEC 4N ClvryNBCNSN [ CENTEN PLIII 11DNE55E51 O Coi *TV MUSE VAT THOUSE. n OR I.L LAM 0.4111 ..WENS FUSIN.. I.CY N. MAIN IT rOp _', C/ AD-FITRIT10N O CITY CONPONATIONI YAP., ]SO E. W4NNEN AV, . OCO VIIIII E. NCAL '..'IF" CONONEP, O CO. 4CMINISTNATICN RICO I.O. OE SUFVS., PE NSONNEL S F.IRSTNCY CCNiCN, LOCAL AGENCT FORMATION COMMITTEE, PUBLIC NIO OIF: -OIS N SYCAMORE STI OCOUNTY FINANCE I—F SID 111CAOWAYI [A] CO .VILDIN4 SERVICESAiS N. SYCAMORE 5T1 OCOUNTY CN41NEERIN4 IS- 400 CIVIC CENTER OR W.I f1 LJ 'D '..DAN OF EAST NE. Y L NE41TI F.IITC � CLUN TY NCALTN OEe: OIIO 445 N. ROS55T 1 SENV S.ISTE' 5. 1.,1091 II, E. 4I O CCLNTY WELFARE OCIT I—V 4.I N. ROSS 111 O CO PROIA OE! - ADULT SUPERVISION I[O1'C OAOWAYI OC, TALL El CO. iNANSIp PTA}ION,OANA4[ C N I[ O.OUnCI....A -111 PIONS IAAS CIVIC CENTER CPIVE WESTI D -A.. IN1E. �° "ADUCN.RANCN ORMANI : I...., 4101 P„ sE'I I W Ma FACDEN AVENUE E F G H J IN 0 M N 91 t� Cd 6•� P" y r r try y try �d 4 do ISM li �J tv ILA W, \N , �p I I I, �� H e III u[Y ®: //, Y' 1 r L�.�__ JL 6 4 J _1 1 I ATTACHMENTS ATTACHMENT 1 - ORDINANCE ADOPTING MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM ATTACHMENT 2 - CITY COUNCIL RESOLUTION ESTABLISHING AREAS OF BENEFIT ATTACHMENT 3 - NEGATIVE DECLARATION AND ENVIRONMENTAL CHECKLIST ATTACHMENT 4 - EXHIBIT A JPA FOOTHILL /EASTERN TRANSPORTATION CORRIDORS ATTACHMENT 5 - EXHIBIT A JPA SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR ATTACHMENT 6 - EXHIBIT C MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM ATTACHMENT 7 - REQUEST FOR TRAC ACTION DECEMBER 12, 1985. ATTACHMENT 8 - MINUTES OF DECEMBER 2, 1985 CITY COUNCIL MEETING ATTACHMENT 9 - REQUEST FOR COUNCIL ACTION DECEMBER 2, 1985 ATTACHMENT 10 - MINUTES OF MARCH 18, 1985 CITY COUNCIL MEETING ATTACHMENT 11 - REQUEST FOR COUNCIL ACTION MARCH 18, 1985 rr^ - 12/17jt5 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 8 -45 TO THE SANTA ANA MUNICIPAL CODE ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM WHEREAS, Government Code Section 66484.3 authorizes the City to require by ordinance the payment of a fee as a condition of approval of a final subdivision map or as a con- dition of issuing a building permit for the purpose of de- fraying the cost of constructing major thoroughfares and bridges; and WHEREAS, the City Council desires to adopt such a fee program in order to insure that future development shall pay a share of the costs of constructing transportation systems adequate to serve that development. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: SECTION l: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8 -45, which said sec- tion reads as follows: Sec. 8 -45. Major Thoroughfare and Bridge Fee a. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, rail- ways, freeways and canyons, or constructing major thoroughfares. b. Definitions. (1) The term construction -as used in this section includes preliminary studies, de- sign, acquisition of right -of -way, administration of construction contracts, and actual construction. (2) The term "major thoroughfare" means those roads designated as transportation cor- ridors and major, primary, secondary, or commuter highways on the Master Plan of Arterial Highways, the Circulation Element of the General Plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highway system. ORDINANCE NO. NS- Page two (3) "Bridge facilities" mean those locations identified in the transportation or flood control provisions of the Circulation Element or other element.of the General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon. (4) "Area of benefit" means a specified- area wherein it has been determined that the real property located therein will benefit from the con- struction of a major thoroughfare or bridge project. c. The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's General Plan or the General Plan of the s County of Orange adopted at least thirty (30) days prior to the application for a building permit and on land located within the boundaries of the area of benefit. d. Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. e. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. f. Action to establish an area of -benefit may be initiated by the City Council upon its motion or upon the recommendation of the Executive Director of Public Service Agency. The City Council d shall set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of benefit, estimated costs and the method of fee apportionment shall be given in accordance with Government Code Section 55091. g. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn, deter - mine to establish an area of benefit, setting forth the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City a Clerk with the Orange County Recorder's office. ORDINANCE NO. NS- Page three (1) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of im- provement cost apportioned to such lands from other sources. (2) Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one -half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one -half of the area to be benefitted, then the proposed proceedings shall, be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting. (3) If any majority protests are direc- ted against only a portion of the improvement, then all future proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commending new proceedings not including any part of the improvement so pro- tested against. Such proceedings shall be commenced by a new notice and public hearing as',set .forth in subsection (f) above. (4) Nothing in this section shall pro - hibit the City Council, within such one -year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four - fifths of its members, that the owners of more than one -half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof. ORDINANCE NO. NS- Page four h. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Monies in such fund shall be expended solely for the construction or reim- bursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, to reimburse the City for the costs of constructing the improvement. i. The City Council may approve the accep- tance of consideration in lieu of the payment of fees established herein. j. The City Council may approve the advance - ment of money from the General Fund or Road Fund to pay the costs of constructing the improvements covered herein and may reimburse the General Fund or Road Fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section. k. If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the appliccant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a-pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. ORDINANCE NO. NS- Page five SECTION 2: If any action, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of compe- tent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance'. The City Council of the City of Santa Ana hereby declares that it would have passed and does hereby pass this section and each and each sentence, section, clause and phrase hereof, irrespec- tive of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. ADOPTED this day of 1986. Daniel E. Griset, Mayor ATTEST: Janice C. Guy, Clerk of the Council COUNCILMEMBERS: Griset Johnson APPROVED AS TO FORM: Acosta Hart Luxembourger McGuigan Young dwar . Co er, City t CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE AREAS OF BENEFIT AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL /EASTERN TRANS- PORTATION CORRIDORS. WHEREAS, buildout of the land use element of the General Plan of the City of Santa Ana is dependent upon providing a balanced transportation system to serve the planned level of development; and WHEREAS, the City Council finds that implementation of the San Joaquin Hills, Foothill and Eastern Transportation Corridors will result in a transportation system which has the capacity to accommodate the additional traffic volume associated with anticipated future development; and WHEREAS, implementation of the San Joaquin Hills, Foothill and Eastern Transportation Corridors will help to relieve congestion on the existing transportation system; and WHEREAS, future state and federal revenue are projected to be .inadequate to construct said transportation corridors in a timely - manner; and WHEREAS, the City Council finds that future development should pay a share of the cost of implementing new transportation corridors to insure that the transportation system will be adequate to serve said development and that this share of the corridor costs should be proportional to the traffic generated by the development; and WHEREAS, Ordinance No. of the City of Santa Ana provides for the establishment of major thoroughfare and bridge construction fees to be paid,by building permit applicants in the City of Santa Ana; and WHEREAS, notice of the public hearing on the possible adoption of the fee program was given to all affected property owners as provided in Government Code Section 65091; and WHEREAS, the property owners within the area of benefit did not file a majority written protest to the establishment of the San Joaquin Hills or the Foothill /Eastern Transportation Corridor Fee Program; and WHEREAS, a Negative Declaration was issued as a result of initial studies prepared to assess the environmental impacts which might be associated with the adoption of the major thoroughfare and bridge fee program. a NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The boundaries of the areas of benefit shall be 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 ") attached hereto as Exhibit "p" and incorporated by reference herein. G SECTION 2. The estimated cost of these major thoroughfares and bricces are as follows: San Joaquin Hills Transportation Corridor $341,660,000.00 Foothill /Eastern Transportation Corridor $516,147,000.00 The Program is presently designed to collect 48.48 of the cost of construction of the San Joaquin Hills Transportation Corridor and 48.5% of the cost of construction of the Foothill /Eastern Transportation Corridors. SECTION 3. The fees for development within the areas of benefit are based on the trip ends generated by the development as determined from the Trip Generation Tables included in the Program and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non - residential projects) in those amounts as set forth in the Area of Benefit Fee Table included in the Program. SECTION 4. An automatic adjustment of the fees, based upon the Construction Cost Index, shall be made each fiscal year commencing in fiscal year 1986 -1987. 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 5. The collection of the fee shall be a condition of issuance of a building permit as described in the Program. The payment of fees may be deferred for all residential rental projects :or projects which include State or Federal requirements to provide units affordable to families with incomes less than 8'0% of the median income for those time periods and subject to those terms and conditions set forth in Section IX of the Program. Fee credits shall be granted for dedications and work performed for the corridors as set forth in Section XI of the Program. SECTION 6. In the event the City executes the "Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency" and /or the "Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" ( "Agreements "), upon the effective date of said Agreements, the City shall remit all fees collected pursuant to the Program to the Joint Powers Agencies created by said 2. Agreements. In the event the City executes said Agreements, any person aggrieved 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. SECTION 7. This Resolution shall be effective upon the effective date of Ordinance No. , establishing the Major Thoroughfare and Bridge Fee Program. PASSED AND ADOPTED, by the City Council of the City of Santa Ana at an adjourned meeting held on the day of 1986. ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Griset Johnson Acosta Hart Luxembourger McGuigan Young Daniel E. Griset Mayor APPROVED AS TO FORM: Edward J. Coo er NEGATIVE DECLARATION INITIAL STUDY NUMBER: is 85 -205/ DATE: 12 -1e -85 PROJECT LOCATION /ADDRESS: Eastern /Foothill and San Joaquin Transportation Corridors PROJECT /TITLF DESCRIPTION: Fee program for new developments in the area of influence for the for the subject corridors. PROJECT PROPONENT: City of Santa Ana Public Services Agency (Transportation Department.) REVIEWING DEPARTMENT: Planning In accordance with the City of Santa Ana's "Environmental Rules - 1976 Revision" Implementing the California Environmental Quality Act of 1970 (specifically Section 21151 of the Public Resources Code) the Environ- mental Analyst for this Department has prepared an Initial Study on the above described project and hereby finds that the proposed project with included mitigation measures, cannot, or will not, have a significant effect on the environment. Negative Declaration status is therefore granted for this project and. the submittal of an Environmental Impact Report is thereby not necessar The granting of Negative Declaration status is based upon inclusion of the following mitigation measures: (13c) The impact upon existing transportation systems will be beneficial construction of the Eastern /Foothill and San Joaquin Corridors will provide relief of current freeway conditions. (13d) The new corridors will result in new circulation tterns that will relieve current traf congestion in the area of influence. APPROVED BY: _ /y.Yl /,�C �. ��.� �� DATE: Planning Departrrent„ ,),,� COhM[P1ITY C�'VEfl�PMEC7T 6 HOUSING AG[NCY �}'I� 8 -84 ENVIRONMENTAL (To be completed CHECKLIST by FORM the Lead Agency) i 1 BACKGROUND i "NTA awl eleaatalot J. Name of Proponent City of Santa Ana, Public services Agency 2, Address and Phone Number of Proponent 20 Civic Center Plaza Santa Ana, California 92702 Contact: Glen Lewis - (714) 634 -4995 3. Date of Checklist Submitted 4. Agency Requiring Checklist Santa An Public Serx'ices Anency S. Name of Proposal, if applicable a7or t orougF are andTr ge ea�i e program and joint power agreement -San Joaquin Hills ands Foothills /Eastern Transportation Corr ido. 'I. RIVIPOisC&TAL IMPACTS trsplapal Ian) of ell "Yes" and "maybe" answers are required oil attached ,beets.) Yes MAYBE NO YCs MAY6e No I. Earth M111 the proposal r,,.it Ink e. introduction of new species of Pl ann Into an area, or In a butler a, Dna table esilh condltlona or In X to the normal replenishment of X hen x:'s In ".,Ogle su hst ru r cur esi �� sale tine species? +,— n. UisnJptl nnv, Jinplxecmcn[+, cor X d, 0.oduet ion in acne&* of any X p.ction or overc.verins of the soil? — — — a6riculturai crop} � �� Cinngv In topo,ruphy or $round 1. Anleal L fee will the proposal sor fa rc eel ir( features? .� �. X . re >u t n: J. The Justruc lien, cuverin, o a. Change In the diversity of mnd:l is atom of any niquc ,e.logte X X spec ley, or numbers of any speck.. .n Ph Y.0 cnl re a... esi �� �� of able.], (bird., land .,,last. Including reptile,, fish and s Auy lunea.v In uIrd v .s,c, she Irish. bonthle or an lx sae, of ao ll], either on Or Off X Insects of Mlr n f.11nn�r VV Y. In le? : f, .� b. RaJ uctlen of the numbers of any I. Chanxos In deposition or erosion unique, rare or endangered species of hue U, .a IIJ r, or changes In of anl.lrt X X sil[otion, Jcposlt ion or erosion vile, may eOJi fy the channel of • C. Introduction of nre species of river or stream or the bed of the animals Into sn area, or result In ocean nr any hay, Inlet Or Iaket X . s barrier to the mlerattan or X sovwsent of lndma tai — g. P:.poaurc of po ople or propperty to ... Ica, hata rJ, such , as r t hq u.ke,, d. Deterioration of existing fish I.n1jIjJ.,, eW slid es, ground failure, X or wildlife habitat? — X or smilar he.,ds? — — — 6. Naive, Will the proposal result ink I nice 'kill the proposal result in: a. Inc, uses In axlrt ln, no La X SUbs,.n[ L1 sir ielaslone Or X levels} e ' deteriurallon of ambient sir gwlltyl o Exposure of people to ,,va X b. The crca[tun of objectionable X role. ovely tn — — ndur,t �� e 7. j,Jyht end (Ilue. Will the proposal c. Altentl.n of sir :wvemont, pro uceT n.; 11, his or ,lyre. X,.� ,h iV Urc or taupe btu re, or any change In cl Imo b, al th ar lees11y X 1, n e pi)a the pr. puma] malt in nr rvyl.mllyl .� ..� he • au stare, 1.1 .Ilan tlo of the presen, or plan nod lend use of an X S. '�Oler. Mill the proposal result in: ares7 — a. Changes In currents, or the course e, s..0 n �, w:lj the rdl or Jlrrc[lon Of voter muvreenv , in X pro poatlo ♦sal$ ln: ,}tier narinv or (rash wneni �� �. A. Increase in the nu of use of b. Clm ngra In absorption any ne[unl recces cost Jralnaee pa❑ern0. or the ate X t,r J::J anmm, of surface water runoff} — b. Substantial Jeply non of any nonrenewable natural ruourni 1lru ,,[}mans t. the course o r ties nl fiooJ vetcrs! .� x le. Risk of UML.k. Wee the proposal Travel vu a of an ..pier ion or a. ch.:ngr io [be a aunt of our face f the role. of na a rJOU, a hat. news va,vr in any vale, body? .X (including, but bat Melted to, ell, ppesticldos, chemicals or radiation) e. Uisch.r,e into surface wn en, ar !n the oveat of an accident or X In any ,iteration of surface ..ter upset iandlticns? ...� y ualln', inciuJiny but not limited I,,,c lv,J val'Ren or X ll. Pe puletinf M111 the Proponxl .I tar nrt "JlI — — — [ . loco[ on. Jlat r lbws tiers, Jonslly, or growth rate of the human popu^ f. .11 .•rat job of the direction or X let ion of an .rest lJlr UI IIUX of ground watero — — — li. (Lo Will Ulu PruPns.l afruct y, ,'wr,, in the gouatity of Yround es st n, housingy, or create a d.eand ft X oters, Miter through direct additions or with Jl'a.a b, or tiv.ugh inlercoptl.n for add It lone] ho $I.,? — — — of an uyw [rr by cuts or <.Isvarl.bly I1. Iisnp po lot'os /Eire sal ,,lore. Will t e mp...I rn malt In: h. Subs mullal rcdwtlon in in. oeaunt of sates, .ties,. loo availably X .. oe ncntion of ..bore nthel eddy X for publiv' vatUr ,uppli.,! — — — Clonal vehicular s,ovws.nti ..... — — 1. I,p,,un• Of praple or pro,erly b. Effects on emoting porklna w v.: t.: rrt.t,J hO:ards such a X facilities, or J..,bd for nos X X f loo Jlny Or tidal .avid peril.,? v I PI ?pt. 1,1fe. Will the proposal revolt e. substaraial Impact upon existing I,:, transportation systems! _— Change in th. diva rsl[Y of sPoci.a, J. Alterations to present patterns ,wiser of any spec lea Of plaau of circulation or sovvmant of X 1male l,J ing trees ub s, ,rasa, X people PdY mar e..do? ! — .rop n,cro(lor. and aqua, is plann)t a. Alterations to waterborne, roil b. RrJu, H.o, e( the nuebe,s of or, nr •.r tnfflc'f un,yvc, rears or enJOnyereJ spcnes of X IOMMLNTSi — -- RMYllrppa n CItiCRLEIT rom (CONT'pl INITIhL SMUT MO. TR{ MATINS W V90 MISS Wn 1. Incr,uo in traffic hater ds to 10. AfJagR19g1S11/ VIII the motor vehicles, bicyclists or X Pro pool ru olt n m alteration peor a t r l anx7 militant archrolo Rlasl or historical site, structure, object g 11, F h is tie rvlcov• will the proposal or bulidingt — — have am offset 'Pan, or result in e nerd for me. or altarad govern- 11. 1 Nend,mry Plndln {e of g1 {Ejjll •ore. rntel services In any of the f.l• e. Deal the Project bees In, Palenliel 10"p, efV'Y \: to listed, the quality of the rovlron- u, lire protection} at lY red ova the hnh llal h, Pnllce protection} ��. �.� of a fLh or vl ldl ifs nu•clva. fish or wildlife population to drop, below self .unoln lne level,. threarrm to ell minrte • Plant or omlesl comuu.ItT. reduce the numbor or ",,trlvl the rumgv J. Parks tar .[ACr rocres[lonal g of a rrtt or euJan Aerrd Irinnt or unlmal f of llllie5l or e1II to IMhartant eFn mpll, a( thi, .Joe I I DJs of Collfo rte to history or X e, !I1lntcn ... 1 of public beili. X prahlstory} — — -- Ile•, Including r.sdsi— — — b• pose the project have the potential f. other governmental .ervieol .—� — X to achieve short-term, to the dl,n Jrnm t o$c of longterm, onvlrop,mv nit, pan l,i 11. En_r{L. Will the proposal result in! fA ehort•torm impact an the envlrunmcet Is in a relotivvly Una xubstantl.l .mount$ of one which occurs brief, definitive period of time hells X . of fuel tar encrgY? -� X long-taro impacts will endure well Into -- _— the future.) — b. tiuhv wntlul Increase in demand e. Does tea project hews imp u'la which up.m colas inN wUrco, of energy. or are Individually Ilmitod, but cumulatively rt'nui n Iii• Jevelnpment of nov X nild<r.hlet (A project moy Impact on iota n c> o two or more separate mouse•$ where the I�, will the mropmal r...l[ beset nn each re w tare• h rr lntivv ly ter terns I„ need for maw .Y etc ms, or smell, but where the effect" X Of tlmm Impacts oU thu vnr iron ac tat is xul,. wntlnl wl tr.. tons to the .1 if lea nt.l �- folluving util iris$: s. Fever sal morons {u} �� X d. Does the prof OCt beat CnVl ran• .. lh• X ..AO.l effects which will emus X 6. Cne manic Yt ions ryrtees} at amiss I've r ed effects on hamnn being., either directly or Indirectly? -- - X _ III. DI6 Ngh10tl OF f:RV160•vNGNT AL EVALUATION J. sewer or $optic tank.} IV, DETERMINATION P f To be complsttd by the Leos Agency) e. slnrm vw ter do lnegse —� �• f. Solid wuto and disposal} On the bells of thls initial oV.Iuationi 1 find the proposed project COULD NOT ha re a algnl(t• Ilgn 1_r6 will the proposal rant effect on the environment, and a NEGATIVE r ^•alt In. DECLA NATION will be prepared. (fool inn of any health h...rd 1 find lief the proposed project have tar potent.,, hvsIth h....4 (secluding X ha'1d 0 t effect the env tremens, there will a $t militant effect wcu[al he +llh)7 —� �� v not go o significant effect In this cue hedAU re the of n. Iv,pua ore of people to potential g ml tl {at ion Douro dead ,bed on an attache) ghee[ to the act. A BGGAi1 \'E DPCLARA• health ht$ r:,rdsi �— -- .hive b.vn added prbj TION WILL BE PREPARED. In. .1�jli ,ISM MI11 the proposal result 1 find the pro peas) project NAT Mor a .IPnlf /c tat Ibc ahetruvtion of any $sell' ® fact on t s environment. and an EN Y I RO,U' IL.ATAL raa. •pen to rho public, or will •he proposal reaalt In the - IMPACT REPORT le required. raoion of am e.,th,1lr.I!Y X 1fi1r1 lve all. open to Pubile view? — — — DATE ". Ken Vdtlon will the proposal result {sae tan L, an impact upon rho 4um1111 or you nlity of e,I sins tact.s d omen X for nppor•uo ltlui � —� �� IOMMLNTSi — -- _ $200,00 Negative Daclaratlon .. 5D.00 Categorical Exemptlon. Ay INITIAL STUDY N0, F, APPLICATION NO. ENYIRONMENTAL INFORMATION FORMr (TO DE COMPLETED AY 04( CANT) 4LCTIOII I "MAL INfONMATION $a!_ 1, Name and pddress of developer or project sponsor; 2. Address of project: Assessors Block and I,ot N umuer C¢rrids 3. Name, address, and telephone number of person to be contacted' concerning this project: 20 Civic Center Plaza Santa Agg CA Q2j07 (714) 647_56U 4. Indicate number, of the permit application for the project to Which this form pertains: n/a List ana describe any o' er related permits and other public approvals required for this projecb, incluaing those reg4irqd by city, regional, state and ;ederal agenoles: Fl�� 6. present zoning of project site; s/a 7, Proposed use of site (project for Which this form is filed); n/a SECTION II f RO)ECT DESCRIPTION 8, Site size.' li rhr A a p 1_rs /.r 9. Square footacse. 10. Number of floors of construction. 11. Amount of off - street parking provided. 12. Proposed scheduling. 13. Associated projects. 14. Anticipated incremental development. 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. (Attach additional sheets aS necessary) 16. If commercial, indicate the.type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, (Attach additional sheets as necessary) n'a NOTE This Environmental Information Form is a requirement of the State of California's rules, regulations and guidelines for local compliance with the California Environmental Quality Act including amendments effective as of January 1,,1977., HLREKRSE_SIIlE 'k I ENVIRONMENTAL INFORMATION FORM �,.•^ (To BE COMPLETED BY APPLICANT) SECTION III LAND USE AND XgNIN¢ a r A. Provide the following Inaps; 7� - Plot plan and elevations of proposed project (gaei4,(1',r appropriate scale to show detail) Ind�c}te drainage pattgrn. a )` Aj4)`` - Zoning (all surrounding property +: within 3001). ac. Existing land use (all surrounding property within 300'), E. General Plan designation; n SECTION Iy. ENVIRONMENTAL SETTING A. Describe the project site as It exists before the project, including information on topography, ,Soil stability, plants and animals, and any cultural, historical or scenic aspects, Descrite any existing structures on the site, and the use of the structures,`:'' Attach photographs of the slte, $nap;hots or polaroid photos wit l , be accepted, B. Describe , the surrounding properties, including Information . on plan' , s and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, ets,), intensity of )and. µye (one- family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc,). Attach photographs of the vlclnity, Snapshots~ or polaroid photos will be accepted. OXRTIIFICATION I hereby certify that:the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 7te DECFMBER,17,1985 (Signature) For CITY TRAFFIC ENGiNEtR Please provide any additional information on attached sheets) that you feel would be of assistance in evaluating this environmental assessment form, - 3 r a: } r; V JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY Exhibit A TABLE OF CONTENTS (i) 1 i Pace RECITALS............. ............................... 1 IDEFINITIONS ... ............................... 3 k j IIPURPOSE AND POWERS ........................... 5 2.1 Agency Created ........... s .............. 5 2.2 Purpose of the Agreement; Common Powers to be Exercised .................. 5 2.3 Powers ... ............................... 6 IIIORGANIZATION ................................. 8 3.1 Membership .............................. 8 3.2 Names .... . ............................... 8 3.3 Board of Directors ....................... 8 3.4 Principal Office ........................ 10 3.5 Meetings . ............................... 10 3.6 Quorum.. . ... .............. 11 3.7 Powers and Limitations Thereon.......... 11 3.8 Minutes .. ............................... 11 3.9 Rules .. • ......... ...................... 11 3.10 Vote or Assent of Parties ............... 11 3.11 Officers ............................. 12 3.12 Committees.. 13 3.13 Additional officers and Employees....... 13 3.14 Bonding Requirement..... ......... 13 3.15 Status of Officers and Employees........ 14 IV CONTRIBUTIONS... ........ ............ 14 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Members...... 14 4.2 Annual Review of Fees ................... 15 4.3 Payment.. .. ...... ............... 16 4.4 Compensation of Agency for Acquisition of Rights -of- Way............ 17 V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES.. ....... 18 5.1 Joint Action with Other Agencies........ 18 5.2 Communications Between Corridor - Agencies ... . ............ . ............... 18 i 5.3 Lending and Borrowing of Funds j Between Agencies ........................ 18 (i) 1 i VI BUDGETS AND DISBURSEMENTS .................... 19 6.1 Annual Budget ........................... 19 6.2 Disbursements ........................... 19 6.3 Accounts ........ ... .... ..... ..... 19 6.4 Expenditures Within Approved Annual Budget ... ............................... 20 6.5 Audit........... . ............ ...... 20 6.6 Reimbursement of Funds .................. 20 VIISECURITIES ................................... 21 7.1 Securities .............................. 21 VIIILIABILITIES. .............................. 21 8.1 Liabilities.... • ... .............. 21 8.2 Hold Harmless and Indemnity... ....... 21 IX ADMISSION AND WITHDRAWAL OF PARTIES.......... 22 9.1 Admission of New Parties ................ 22 9.2 Withdrawal .............................. 23 X TERMINATION AND DISPOSITION OF ASSETS........ 24 10.1 Termination.. • .... .. ...... 24 10.2 Distribution of Property and Funds...... 25 XI MISCELLANEOUS . ............................... 26 11.1 Amendments .............................. 26 11.2 Notice... .......................... 26 11.3 Effective Date .......................... 26 11.4 Arbitration.. ....................... 26 11.5 Partial'Invalidity ...................... 28 11.6 Successors .............................. 29 11.7 Assignment .............................. 29 11.8 Execution ............................... 29 (ii) JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY THIS AGREEMENT is made and entered into as of the day of , 1985, by and between five or more of the following public agencies: (a) County (b) City of (c) City of (d) City of (e) City of (f) City of (g) City of (h) City of ( i ) City of of Orange Anaheim Irvine Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda R E C I T A L S: A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The parties to this Agreement have territory within or related to those areas known as the Foothill and Eastern Transportation Corridors and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, 'acquisition and construction of major 't thoroughfares and bridges in the Foothill and Eastern Trans- portation Corridors. The parties hereto have the pommon power to conduct such transportation planning, financing and construction. C. It has been determined by the parties hereto that d it is in the best interests of the respective parties to join ty together to administer the funds provided by these fee pro- grams, and to plan, acquire and construct said thoroughfares r> 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 U Code of the State of California. E: The parties hereto recognize that, in order to e_ serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or con- trolled by the parties hereto. F. The parties hereto recognize that, in order to serve the purposes stated herein, additional funding other -2- than that received from the above - described fees must be obtained. Each party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt financing, assessment districts, special legislation, Arteri- al Highway Financing program funds and other forms of govern- mental grants -in -aid. G. The parties hereto recognize that in accordance with the principles of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. H. It is anticipated by the parties hereto that the public agency created pursuant to this Agreement shall termi- nate upon the effective date of the inclusion of the trans- portation facilities constructed pursuant to this Agreement in the California State Highway System, as defined and governed by Division 1 of the Streets and Highways Code. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I DEFINITIONS For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this Joint Exercise of Powers Agreement. -3- b. "Agency" means the FOOTHILL /EASTERN TRANSPOR- TATION CORRIDOR AGENCY formed pursuant to this Agreement. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board" means the governing body Of. the Agency. e. "Ex Officio Members" mean Board members who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. f. "Executive Director" means the chief operating employee selected by the Board to manage the day -to -day activities of the Agency. The Executive Director shall �. not be an employee of any individual member of the Agency. v., g. "Fiscal Year" means July 1st to and including the following June 30th. l= h. "Members" or "Board Members" mean those per- sons serving as members of the Board or their alter- nates. i. "Party" means each of the parties which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, includ- -4- ing any public entity executing an addendum of the original agreement as hereinafter provided. j. "Quarter" means July 1st to and including September 30th, October 1st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. II -- PURPOSE AND POWERS 2.1 Agency Created. There is hereby created a public entity to be known' as the "FOOTHILL /EASTERN - TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provi- sions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement; Common Powers to be Exer- cised. Each member has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California -5- -6- Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA), whenever possible. The purpose of this Agreement is to jointly exer- cise the foregoing common powers to undertake such studies and planning relative to the Foothill and Eastern Transporta- tion Corridors as may be necessary to establish areas of benefit, to recommend to its members the adoption of -local ordinances and the undertaking of all acts necessary for the imposition of fees by those members pursuant to Government Code Section 66484.3 and to fund, plan, acquire, construct, maintain, repair, manage, operate and control the major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. Board planning policy shall respond to those memoranda of understanding and various minute orders and policy state- ments adopted by each party to this Agreement, attached f hereto collectively as Exhibit "A" and incorporated by reference herein. 2.3 Powers. t The Agency shall have the power in its own name to 1 do any of the following: r a. To exercise jointly the common powers of its members in studying and planning ways and means to provide for the design, financing, and constructing of the Foothill and Eastern Transportation Corridors; b. To make and enter into contracts; -6- c. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, main- tain, and operate any buildings, works, or improvements; f. To acquire, held, 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 anv federal, state, or local programs for assis- tance in developing any of its programs; k. To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency; and 1. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. -7- III ORGANIZATION 3.1 Membership. The parties to the Agency shall be each public entity which has executed or hereafter executes this Agree- ment, or any addenda, amendment, or supplement thereto, and r- 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 "H" attach- ., ed hereto, as amended or supplemented from time to time. .m 3.3 Board of Directors. a. The Hoard of Directors shall consist of the following: (i) one voting member from each of the fol- lowing entities which have become members of the Agency pursuant to Section 3.1 above: the cities of Anaheim, Irvine, Orange, San Clemente, Santa Ana, San Juan Capistrano, Tustin, and Yorba Linda. (ii) two voting members from the County of Orange (in the event that the County of Orange becomes a member of the Agency pursuant to Section 3.1 above), said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Dis- tricts, or their alternates. -8- (iii) one ex officio member representing the California Department of Transportation and one ex offi- cio member representing the Orange County Transportation Commission. The Board may, from time to time appoint additional ex officio members. b. Except for ex officio members, each member of the Board shall be a current member of the legislative body such member represents. C. Each participating member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents with the exception of the alternates to the members representing the County of Orange. The name of the alternate member shall be on file with the Board. An alternate. member shall assume all rights and duties of the absent member. d. Each member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a succes- sor is named. Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents. e. A board member shall receive only such compen- sation from the Agency for his services as may be QZ approved by not less than two - thirds (2/3) of the members of the Board. f. A board member may be reimbursed for expenses incurred by such member in the conduct of the business of the Agency. 3.4 Principal Office. The principal office of the Agency shall be estab- lished by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary under this section but shall not be considered an amendment to this Agreement. 3.5 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Sections 54950 et seq., as it may be amended. -10- 3.6 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. a All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the parties as herein set forth. Unless otherwise provided herein, each member or participating alternate shall be entitled to one vote, and except as otherwise provided ±� herein, a vote of the majority of those present and qualified JI 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. 'i The Board may adopt from time to time such rules 1 and regulations for the conduct of its affairs consistent with this Agreement. 3.10 Vote or Assent of Parties. The vote, assent, or approval of parties in any matter requiring such vote, assent or approval hereunder -11- ;M1 shall be evidenced by a certified copy of the action of the governing body of such party filed with the Agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 3.11 Officers. There shall be selected from the membership of the Board, a chairman and a vice chairman. The Board .shall appoint a secretary who may be a member. The Board shall appoint an officer or employee of the Board or an officer or employee of a member public agency to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers of, and shall perform the treasurer and auditor functions for, the Agency and perform those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subse- quent amendments thereto. The chairman, vice chairman, and secretary shall hold office for a period of one year commencing July 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 -12- appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.12 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings of the Agency shall be open to all members. 3.13 Additional Officers and Emnlovees. The Board shall have the power to appoint such additional officers and to employ such employees and assist- ants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 3.14 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be the members of the Board, the treasurer, the auditor, and any other officers or persons to be designated or empowered by the Board. Each such officer or person shall be required to i file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obliga- tions provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable -13- to the coverage required herein shall be appropriate expenses of the Agency. 3.15 Status of Officers and Emolovees. All of the privileges and immunities from liabil- ity, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective func- tions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by rea- son of their employment by the Board, to be employed by any of the members or, by reason of their employment by the Board, to be subject to any of the requirements of such members. IV CONTRIBUTIONS 4:1 Imposition of Major Thoroughfare and Bridge Con - struction Fee by Parties. on or before the effective date of this Agreement (or in the case of a new party, on or before that party becomes signatory to this Agreement), each party shall require by ordinance or resolution the payment of a fee as a condition of issuing building permits, for the purposes of defraying the actual or estimated cost of constructing major -14- thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thorough- fare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill /Eastern Transportation Corridors," attached hereto as Exhibit "C" and incorporated by reference herein. The imposition of said fee by each party shall be a condition precedent to that party's par - ticipation in the Agency. 4.2 Annual Review of Fees. e� At least once annually, the Board shall undertake a review of the above - described fee program and may, upon approval of not less than two thirds (2/3) of its members, modify the fee to be imposed by the parties hereto. The ., legislative body of each party shall impose said revised fee within one hundred twenty (120) days, and if a party fails to impose said fees, repeals the enabling ordinance or fee requirement, or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforemen- tioned time period, whichever is sooner, such action shall be deemed the withdrawal of that party from the Agency, subject to the conditions specified in Section 9.2 below. When the total amount of fees collected by the Agency pursuant to this Article has exceeded fifty percent (508) of the estimated total cost for the projects to be con- -15- structed pursuant to this Agreement, the Board, upon the approval of not less than two thirds (2/3) of its members, may extinguish the obligations of the parties to remit said fees to the Agency or, in the alternative, may restrict the future obligations of the parties to remit said fees to the Agency to an amount to be determined by the Board. 4.3 Payment. Each party agrees to contribute said fees to the Agency in quarterly payments. In addition, the Board, upon approval of not less than two- thirds (2/3) of its members, may assess each party of the Agency an amount in excess of the amount of said fees collected by that party in order to meet overhead and other administrative expenses specified in the annual budget. For the purposes of this Agreement, the "contribution" of each party shall include the corridor fees imposed pursuant to this Agreement, any excess amounts assessed to the party by the Board, and any voluntary contri- butions made to the Agency by the party. The contribution of each party of the Agency 4 specified herein shall be due and payable sixty (60) days after receipt of billing therefore from the Agency. The Board may authorize an audit of any party to determine whether said contributions accurately reflect each party's obligations under this Agreement. Unpaid contributions shall bear interest at a rate to be determined by the Board. In the event that any party fails to remit said contributions to -16- the Agency, said failure may be deemed by the Board to be a withdrawal of that party from the Agency. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a party hereto regarding the appropriate amount of the assessment to the Agency, which decision shall be final. In the event that any party hereto becomes a party to litigation regarding the l legality of the fee program, or the fees imposed pursuant to the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said party in said action. 4.4 Comoensation of Agency for Acquisition of Rights - of —Way. When it is within its power to do so, each party I shall be individually responsible for the acquisition by dedication pursuant to Title 7, Division 2 of the Government i Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. In the event that a party fails to acquire these rights -of -way by the above - mentioned means after the route alignments for the Eastern and Foothill Transportation Corridors are established and accepted by the Agency, that party shall compensate the Agency for all costs 'including attorneys' fees) incurred by the Agency in acquir- ing said property interests. -17- V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action with Other Agencies. L In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, constructing, maintaining, repair- ing, managing, operating and controlling major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when it is deemed appropriate. L 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above are formed, the chairman or his designate shall meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the plan - ping, financing and construction activities of the various agencies. i. 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 -Is- 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 i BUDGETS AND DISBURSEMENTS 6.1 Annual Budget. 5 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. . d 1 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 1 receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with general accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be report- ed to the Board. -19- 6.4 Expenditures Within ADoroved Annual Budoet. - 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 tkan two thirds (2/3) of the members of the Board. No expenditures in excess of those budgeted shall be made without the approval of not less than two thirds (2/3) of the members of the Board to a revised or amended budget which may, from time to time, be submitted to the Board. 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public account- ant and copies of such audit report shall be filed with the County Auditor, State Controller and each party to the Agency no later than fifteen (15) days after receipt of said audit by the Board. 6.6 Reimbursement of Funds. Grant funds received by the Agency from any fed- eral, state, or local agency to pay for budgeted expenditures for which the Agency has received all or a portion of said funds from the parties hereto shall be paid to said parties in proportion to the contributions made by each party. -20- VII SECURITIES 7.1 Securities. Upon the approval of the Board, one or more parties of the Agency may jointly participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under "w the Mello Roos Community Facilities District Acc of 1382, Government Code Section 53311, et seq., or any other appli- cable legislation. Other than the fees specified herein, no funds of a party to this Agreement shall be utilized, as security or as a source for the payment or redemption of any securities, without the consent of the legislative body of that party. VIII LIABILITIES 8.1 Liabilities. The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the parties to this Agreement, unless expressly specified herein. 8.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or result- -21- ing from negligent, acts or omissions of the indemnifying party or its employees. Where the Board itself or its agents or employees are held liable for injuries to persons or prop- erty, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars , ($100.00) . The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for per- sonal injury or property damage arising out of the perform- ance of this Agreement. IX ADMISSION AND WITHDRAWAL OF PARTIES. ft 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 became parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and the -22- unanimous consent of each existing party to the Agency, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties including the additional party. 9.2 withdrawal. It is fully anticipated that each party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any party, either voluntary or involuntary pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year; (ii) the fee program established by the party pursuant to this Agreement shall remain in effect for a period of at least four (4) years after its adoption and for any addition- al period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees; (iii) said withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incur- red by the Agency prior to the effective date of the party's withdrawal, nor any liabilities imposed upon or incurred by the party pursuant to this Agreement prior to the effective date of the withdrawal; and (iv) said withdrawal shall result in the forfeiture of that party's rights and claims relating -23- • to distribution of property and funds upon termination -of the Agency, as set forth in Section 10.2 below. Notwithstanding the above, in the event that the withdrawal of a party from the Agency is ordered by a final order of a court of competent jurisdiction, or said withdrawal is caused solely by the judicial invalidation of a .. fee program instituted by that party pursuant to Section 4.1 above, the contribution of that party (as defined in Section 4.3 above) shall be refunded to said party upon its withdrawal and said party shall have no further liability for its proportionate share of any debts or other liabilities .. incurred by the Agency prior to or subsequent to said party's withdrawal from the Agency. 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- -24- drawal from the Agency of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in the Agency, or shall occur upon the effective date of the inclusion of the transporta- tion facilities constructed pursuant to this Agreement in the California State Highway System as defined and governed by Division 1 of the Streets and Highways Code. 10.2 Distribution of Procerty 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 Hoard shall determine with the objective of returning to each party or former party a proportionate return on the contri- butions made to such properties by such parties, less pre- . vious returns, if any, provided that said property interests shall be utilized to construct major arterial transportation facilities which accomplish the purposes of the Foothill/ Eastern Transportation Corridors, to the extent legally pos- sible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obliga- tions shall be disposed of by returning to each party a pro- portionate share of such funds equal to the percentage of the contribution made by each party, less each party's propor- tionate share of expenditures, if any, provided that said funds shall be expended to construct major arterial transpor- -25- tation facilities which accomplish the purposes of the Foothill /Eastern Transportation Corridors, to the extent legally possible. -26- xI 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 ", r 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- -26- Lions, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this contract, or any breach thereof, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitra- tion Association shall apply. The party desiring to initiate t arbitration shall give notice of its intention to arbitrate } to every other party to this Agreement and the Agency. Such n 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 0 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 1 a to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American I u� 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 -27- names indicating the order of his or her preference, and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA `® shall have the power to make the appointment of the arbi- trator from other members of the panel without the submission t� 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. L11.5 Partial Invalidity. If any one or more of the terms, provisions, sec - tions, promises, covenants or conditions of this Agreement L 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. -28- 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 11.7 Assionment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors By Chairman Board of Supervisors By Dated ATTEST: City Clerk City of Anaheim By Dated —29— CITY OF ANAHEIM By Mayor APPROVED AS TO FORM: ATTEST: City Clerk CITYATTOR- Y City of Irvine By Dated ATTEST: City Clerk City of Orange By Dated ATTEST: City Clerk City of San Clemente By Dated ATTEST: City Clerk City of San Juan Capistrano By Dated -30- CITY OF IRVINE By Mayor CITY OF ORANGE By Mayor CITY OF SAN CLEMENTE By Mayor CITY OF SAN JUAN CAPISTRANO By Mayor ATTEST: City Clerk City of Santa Ana By Dated ATTEST: City Clerk City of Tustin By Dated ATTEST: City Clerk City of Yorba Linda By Dated -31- CITY OF SANTA ANA By Mayor CITY OF TUSTIN By Mayor CITY OF YORBA LINDA By Mayor EXHIBIT "A" (Memoranda of Understanding of Signatory Agencies) I EXHIBIT "B" (List of Member Names and Addresses) .l EXHIBIT "C" (Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Cor- ridor) a JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY 1p Exhibit A I TABLE OF CONTENTS Page RECITALS............. ............................... 1 I DEFINITIONS ... ............................... 4 II PURPOSE AND POWERS ........................... 6 2.1 Agency Created.......... ............. 6 2.2 Purpose of the Agreement; Common Powers to be Exercised .................. 6 2.3 Powers ... ............................... 7 IIIORGANIZATION ................................. 8 3.1 Membership .............................. 8 3.2 Names.. ............................ 9 3.3 Board of Directors ...................... 9 3.4 Principal Office ......................... 11 3.5 Meetings . ............................... 11 3.6 Quorum.. ... ............... 11 3.7 Powers and Limitations Thereon.......... 11 3.8 Minutes .. ..................... 12 3.9 ..... Rules.......... ... ................ 12 3.10 Vote or Assent of Parties ............... 12 3.11 Officers . ............................... 12 3.12 Committees.. 13 3.13 Additional Oii ice.;'and Employees....... 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 ................... ". 19 6.1 Annual Budget ........................... 19 6.2 Disbursements ........................... 19 6.3 Accounts.... ........ • ...... ........... 20 6.4 Expenditures Within Approved Annual Budget .................................. 20 6.5 Audit...... • • .................. 20 6.6 Reimbursement of Funds .................. 21 VIISECURITIES ................................... 21 7.1 Securities.......... ................. 21 VIII LIABILITIES .................................. 22 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 9.2 Withdrawal .............................. 23 X TERMINATION AND DISPOSITION OF ASSETS........ 25 10.1 Termination.. ......... • ...... 25 10.2 Distribution of Property and Funds...... 26 XIMISCELLANEOUS . ............................... 27 11.1 Amendments .............................. 27 11.2 Notice .... .. .......................... 27 11.3 Effective Date .......................... 27 11.4 Arbitration.. ...................... 27 11.5 Partial Invalidity ...................... 29 11.6 Successors .............................. 29 11.7 Assignment .............................. 30 11.8 Execution ............................... 30 (ii) JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY THIS AGREEMENT is made and entered into as of the day of 1 1985, by and between five or more of the following public agencies: I (a) County of Orange (b) Citv of Costa Mesa (c) City of Irvine (d) City of Laguna Beach (e) City of Newport Beach (f) 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- L 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- I -3- 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. R. 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. r 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- 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. i b. "Agency" means the SAN JOAQUIN HILLS TRANSPOR- TATION CORRIDOR AGENCY formed pursuant to this Agreement. kC C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board" means the governing body of the Agency. e. "Ex Officio Members" 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. 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- -7- 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 i 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 L reference herein. ( L 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 lµ the San Joaquin Hills Transportation Corridor; { t b. To make and enter into contracts; C. To contract for the services of engineers, a� attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; -7- 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 -e- 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; lh. 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 -e- 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. r3.3 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 l� 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 f secretary under this section but shall not be considered an amendment to this Agreement. 3.5 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board lv 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., I L. as it may be amended. v' 3.6 Quorum. J 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- -12- 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 r- 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. F 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 r 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- 0 H M 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 treasurer, the auditor, and any other officers or persons to be designated or empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obliga- tions provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. 3.i5 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. L_ IV CONTRIBUTIONS 4.1 Imposition of Major Thoroughfare and Bridge Con - rrstruction Fee by Parties. 1� On or before the effective date of this Agreement (or, in the case of a new party, on or before that party �r becomes signatory to this Agreement), each party shall 1, 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 t Government Code Section 66484.3. Said fee shall be in the ( form, and in those amounts set forth in the "Major l 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. i Each party agrees to contribute said fees to the Agency in quarterly payments. In addition, the Board, upon s 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- -17- 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 l 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 (' t 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 -17- 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. 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, 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 - t 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 -Is- 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 Approved Annual Budget. All expenditures within the designations and limi- tations of the approved annual budget shall be made upon the t0 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 Agency from any fed- eral, state, or local agency to pay for budgeted expenditures for which the Agency has received all or a portion of said funds from the parties hereto shall be paid to said parties in proportion to the contributions made by each party. VII SECURITIES -21- 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 L 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, �4 Government Code Section 53311, et seq., 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 r 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 r 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. Notwithstanding the above, in the event that the withdrawal of a party from the Agency is ordered by a final order of a court of competent jurisdiction, or said a withdrawal is caused solely by the judicial invalidation of a fee program instituted by that party pursuant to Section 4.1 above, the contribution of that party (as defined in Section 4.3 above) shall be refunded to said party upon its -24- M withdrawal and said party shall have no further liability for its proportionate share of any debts or other liabilities incurred by the Agency prior to or subsequent to said party's withdrawal from the Agency. 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- 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. -26- I MISCELLANEOUS -27- 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 l Office for transmission by registered or certified mail as aforesaid. L11.3 Effective Date. This Agreement shall be effective and the Agency • shall exist at such time as this Agreement has been executed f by any.five or more of the public agencies enumerated herein. l 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 s' 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 M%-M 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 l the Code of Civil Procedure. 11.5 Partial Invalidity. l 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 1 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 l 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- 11.7 Assignment. The parties hereto shall not assign any 'rights or obligations under this Agreement without written consent of all other parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein.have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. ATTEST: Clerk of the Board of Supervisors By Dated ATTEST: City Clerk City of Costa Mesa By Dated ATTEST: City Clerk City of Irvine By Dated -30- COUNTY OF ORANGE By Chairman Board of Supervisors CITY OF COSTA MESA By Mayor CITY OF IRVINE By Mayor APPROVED AS TO FORM: CRY ATTOP'TY ATTEST: City Clerk City of Laguna Beach By Dated ATTEST: City Clerk City of Newport Beach By Dated ATTEST: City Clerk City of San Clemente By Dated ATTEST: City.Clerk City of San Juan Capistrano By Dated ATTEST: City Clerk City of Santa Ana By Dated -31- CITY OF LAGUNA BEACH By Mayor CITY OF NEWPORT BEACH By Mayor CITY OF SAN CLEMENTE By Mayor CITY OF SAN JUAN, CAPISTRANO By Mayor CITY OF SANTA ANA By Mayor EXHIBIT "A" (Memoranda of Understanding of Signatory Agencies) EXHIBIT "B" (List of Member Names and Addresses) EXHIBIT "C" (Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Cor- ridor) 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 Exhibit bit C TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary 1 I Background 3 II Description. of Corridor q III Corridor Planning 5 IV Estimated Costs c. V Overall Financing 7 VI Area of Benefit g VII Description of Area of Benefit (AOB) 10 VIII Fees 15 IX Deferral of Fees 21 X Criteria for Collection of Fees 21 XI Development Exactions s Credits 21 XII Annual Fee Adjustsent 24 XIII City Participation in Fee Program 24 DT20 -4 LIST OF EXHIBITS. EXHIBIT NO. TITLE PAGE I Area of Benefit Index Map with City Boundaries 25 II Resolution 82 -598, Transportation Corridor 26 Development Policy III Area of Influence for Corridor Users, 29 San Joaquin Hills Transportation Corridor IV Area of influence for Corridor Users, 30 Foothill /Eastern Transportation Corridors V Area of Benefit, San Joaquin Hills Transportation Corridor 31 VI Area of Benefit, Foothill/Eastern Transportation Corridors 32 VII Fee Program Share of Total Corridor Cost, SJBTC 33 VIII Fee Program Share of Total Corridor Cost, F/ETC 35 IX Cost Per Trip End Analysis, SJPTC 37 X Cost Per Trip End Analysis, F/ETC 38 XI Daily Vehicle Trip Generation Rates 39 LIST OF TABLF,S TABLE NO. TITLE PAGE IV -1 San Joaquin Hills Transportation Corridor Cost 6 IV -2 Foothill/Eastern Transportation Corridor Cost 7 VII -1 San Joaquin Hills AOB by Local Jurisdiction 10 VII -2 Foothill/Eastern AOB by Local Jurisdiction 13 VIII -1 Fee Program Share of Corridor Cost 16 VIII -2 Adjusted AOB Trip Ends 17 VIII -3 Fee Program Share by Land Use Category 18 VIII -4 Area of Benefit Fees 18 OT20 -4 MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Executive Summary 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 48 or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features blosely approximating the pattern were used to describe the bound - aries 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 W. 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. -1- 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's 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 ..Z funding source and as such have been under consideration by the Board of Supervisors for some time. The development fee program re p pared for Board of Supervisors consideration is based upon Government Code Sections 50029, 66484.3 and California Constitution Article 11, 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 .a 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. 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 48 or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features blosely approximating the pattern were used to describe the bound - aries 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 W. 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. -1- Fees for each of the fee zones within the areas of benefit are: SJHTC Single Family Multi -Unit Non - Residential Residential Residential Zone A $1,305 /unit $760 /unit $1.75 /sf. Zone 3 $1,010 /unit $590 /unit $1.30 /sf. F /ETC Zone A S1,295 /unit $755 /unit $1.80 /sf. Zone 3 $ 920 /unit $535 /unit $1:05 /sf. Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of, their fees. The amount of credit will not be adjusted with subsequent revisions to the fee program once it is memorialized by agreement. This credit may be transferred to another landowner within the same area of benefit only with the change in title to the land. Payment of fees for residential multi -unit rental projects may be deferred for a period of 5 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 twelve cities are included within the benefit areas for the SJHTC and F /ETC. 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. It is planned that Joint Powers Agencies consisting of City and County members will be created to plan and implement the Corridors. All fees collected under this program will be deposited in accounts specifically for the transportation corridors to accomplish this purpose. !PC .' MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN RILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS I. BACKGROUND Government Code Sections 50029 and 66484.3 and California Constitution Article 11, Section 7 permits 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. Pursuant to the above provisions of the Government Code, and the Police - Powers 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 .s potential areas of benefit as an adjunct to the Orange County /Orange County Transportation Commission - Transportation Finance Study 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 sight -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, iden- ( i tified interim areas of impact for the San Joaquin Hills and Foothill /Eastern Transportation Corridors and directed EMA to require d subdividers to enter into contracts to participate in corridor implement- ation pending establishment of a fee program. On September 28, 1983, EMA submitted a report on the Transportation Corridor Fee Programs to the Board of Supervisors for referral to the Planning Commission for recommendations. Public meetings were subse- quently held by the Planning Commission on October 11 and November 1, 1983 _- to consider the Major Thoroughfare and Bridge Fee Programs. On January 30, 1984 the 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 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 analysis of the fee program by Orange County, Orange County Transportation -3- II. Commission, Building industry Association, and cities within the areas of benefit have lead to the revisions contained within this report. DESCRIPTION OF CORRIDOR A TRANSPORTATION CORRIDOR i multimodal facility with a transit considerations such corridors will provide for projected volumes exceed ma will function similarly to be incorporated into the therefore, designed to meet s a high - speed, high volume, access - controlled median of sufficient width to be utilized for as fixed rail or high - occupancy vehicles. The high speed movement of vehicular traffic where jor arterial highway capacities. These routes freeways and expressways and should eventually freeway and expressway system. They are, minimum State and Federal standards. The relatively rapid growth and planned future development in Orange County is contributing directly to the need for major transportation corridors. Three such corridors (Foothill, Eastern and San Joaquin Hills) are included on the Master Plan of Arterial Highways (MPAH) , a component of the Transportation Element of the Orange County General Plan. Transportation corridors are depicted on the MPAH map as either concept - ually proposed or established alignments. These facilities are part of a planned traffic circulation system necessary to support development of the County in accordance with County and City land use plans. These facilities will also relieve recurrent congestion on major arterials and freeways in Orange County as concluded by several recent studies: Multi - Modal Transportation Study (1980), Santa Ana Transportation Corridor Study (1981) , Foothill Transportation Corridor Study (1981), and the San Joaquin Hills Transportation Corridor Study (1979). The SAN JOA UIN HILLS TRANSPORTATION CORRIDOR is planned as a high- speed, high capacity, access - controlled transportation facility to serve local and regional traffic and transit needs. It is an established alignment on the MPAH which 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 to 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. The central segment of the corridor carries the greatest amount of traffic because there are a limited number of other 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- separated 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 conceptual alignment on the MPAR. The FOOTHILL TRANSPORTATION CORRIDOR is an -4- 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 approx. 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 from 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 u adopted land use plans of the County and Cities surrounding the corridors. In the event the Cities and County subsequently augment their existing General Plan land uses, particularly in areas serving the Foothill and Eastern Corridors, those facilities may require increased lanes to accommodate that growth. It is intended that the fee adopted under this program will be reevaluated if an additional level facility is identified to serve increased adopted land uses. 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 proceeding 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. Nore 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 through developer studies of surrounding lands. Alignment selection studies are well underway on the Eastern Corridor and just getting started for 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. -5- YV. ESTIMATED COSTS The construction costs within this report 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 SOV 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 Tight -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 condi- tions 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 inter- secting 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 550,000 /acre. A. SAN JOAQUIN HILLS CORRIDOR (SJHTC) The cost of constructing the SJHTC to the standard of improvement as described in the previous section is based on estimates prepared for the County during the Phase II SJHTC study work and is estimated to be: TABLE rV -1 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST Constructtunr $259,736,000 Engineering s Admin.- 38,960,000 Contingencies: 25,974,000 Right Of Way (in excess of ,Major Arterial Hwy.): 16,990,000 Total (for purposes of Pee Program): $341,660,000 -6- 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 estimated costs are as follows: W TABLE IV -2 In order to qualify for state and federal funding, the corridor routes must be incorporated into the state highway system and placed in one of the federal aid systems. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to correspond with the route of San Joaquin Hills Transportation Corridor. It is intended that at an. appropriate time similar legislation will ultimately be introduced to place the Foothill/Eastern Corridors in the state highway system. This Major Thoroughfare s Bridge Fee report focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. -7- FOOTHILL /EASTERN TRANSPORTATION CORRIDORS COST Foothill Eastern Total Construction: $233,557,000 $143,526,000 $377,083,000 -x Eng. s 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 r 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) 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 w development to bear a portion of the cost 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) will be sought for the portion of the cost not funded by development fees. These other funds would be allocated through processes Involving the California Transportation Commission and the Orange County .- Transportation Commission (OCTC). In order to qualify for state and federal funding, the corridor routes must be incorporated into the state highway system and placed in one of the federal aid systems. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to correspond with the route of San Joaquin Hills Transportation Corridor. It is intended that at an. appropriate time similar legislation will ultimately be introduced to place the Foothill/Eastern Corridors in the state highway system. This Major Thoroughfare s Bridge Fee report focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. -7- The statutes identified in Section', 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 NOB and the share of total corridor costs proposed to be paid by new development in the form of fees is explained in Sections 72 and VIII of this report. The estimated corridor costs and the portions proposed to be allocated to new development through the Major Thoroughfare and Bridge (MTSB) fee program are: New Development Approximate Total Cost Share of Cost 8 San Joaquin Hills: $341,660,000 $165,500,104 48.48 Foothill /Eastern: $516,147,000 $250,228,066 48.59 In accordance with current Board of Supervisors' 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/'A dedication in excess of that required for a standard major arterial highway (excluding slope easements) will be considered as a credit against the required MTSB fees to the extent that these costs are included in the fee program. VI. AREA OF BENEFIT In order to establish an MTBB 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 laird 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 proposed to finance a portion of the corridors proportional to the traffic demands, measured in trip ends, created by new -8- M growth. The portion of cost based upon existing trio 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 ADS 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 UTPSI (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 esti- mates 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 UROAD3) 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 trio 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 23 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: 1UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel demand. 2South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by MIA/Transportation Planning Division. 3UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment and analysis program. -9- 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 455. 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 A 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 1„ analysis- zones where the percentage of corridor trip ends equals or exceeds 88 were defined as Zone A. Traffic analysis zones with less than 88 use were defined as Zone B. Zone A and B are depicted on Exhibit I. VII. DESCRIPTION OF AREA OF SE14EFIT (AOB) The AOB's for the San Joaquin Bills and the combined Foothill /Eastern 7 , 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 TRMSpORTATION 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 AOS BY LOCAL JURISDICTION City Costa Mesa Irvine Lac"na Beach Newport Beach San Clemente San Juan Capistrano Santa Ana City Subtotal Unincorporated Territory Total -10- Area Included in AOB 3.2 sq. miles 22.2 5.6 8.3 3.8 8.2 2.8 54.1 68.3 122.4 sq. miles 1 u FEE EXEMPT ZONE The Fee Exempt Zone is described as beginning at the point of origin which is the intersection of the centerline of Culver Drive and the centerline of Bonita Canyon Drive; thence northeasterly along the centerline of said Culver Drive to Campus Drive; thence westerly along the centerline of said Campus Drive to San Diego Creek; thence northerly along the centerline of said San Diego Creek to F -14 Channel; thence northeasterly along the centerline of said F -14 Channel to Old :Hain Street; thence southeasterly along the centerline of said Old Main Street to Culver Drive; thence northeasterly along the centerline of said Culver Drive to Irvine Center Drive; thence northwesterly along the centerline of said Irvine Center Drive to Harvard Avenue; thence northeasterly along the centerline of said Harvard Avenue to the centerline of Walnut Avenue; thence southeasterly along the centerline of said Walnut Avenue to the northerly boundary of `y Tract 7073; thence easterly along the northerly boundary of said Tract 7073 to the northerly boundary of Tract 7040; thence easterly along the northerly boundary of said Tract 7040 to Interstate 5; thence southeasterly along the centerline of said Interstate 5 to the southwesterly corner of Planning Area 8; thence clockwise around the boundary of said Planning Area 8 to Interstate 5; thence southerly along the centerline of said r Interstate 5 to Jeffrey Road; thence southwesterly along the centerline of said Jeffrey Road to Irvine Center Drive; thence southeasterly along the centerline of said Irvine Center Drive to the northeast corner of Tract 9087; thence southwesterly along the € southerly boundary of said Tract 9087 to the southerly boundary of Tract 9088; thence southwesterly along the southerly boundary of said Tract 9088 to the southerly boundary of Tract 9089; thence southwesterly along the southerly and westerly boundaries of Said Tract 9089 to the westerly boundary of Tract 8902; thence along the westerly boundary of said Tract 8902, and its prolongation, to Jeffrey Road; thence southwesterly along the centerline of said Jeffrey Road to University Drive; thence southwesterly along the ` centerline of said University Drive to the easterly boundary of Planning Area 21; thence clockwise around the boundary of said Planning Area 21 to Bonita Canyon Drive; thence westerly along the centerline 'of Bonita Canyon Drive to its intersection with the centerline Culver Drive and aforementioned point of origin. I- 521 - 232/ ¥13 10 A The AOH 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, 997, 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 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 southwesterly 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 the 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 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 -11- 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 -13 -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 center line 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 center line 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 to El Toro Road, thence northeasterly 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 Rambles; 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 Anion; 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. -12- 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 cities are included in this AOB: t. TABLE VII -2 FOOTHILL /EASTERN AOB BY LOCAL JURISDICTION la -City Area Included in AOB -13- Anaheim 14.1 sq. miles Joaquin Hills Transportation Corridor A03 from the San Diego County Irvine 18.9 Orange 10.6 northeasterly along the centerline of State Route 55 to Alton Avenue; San Clemente 13.5 s San Juan Capistrano 5.0 lb Santa Ana 2.8 1 Tustin 11.1 , along the centerline of said Edinger Avenue to Grand Avenue; thence Villa Park 2,1 i Yorba Linda 17,7 Street to State Route 55; thence northerly along the centerline of City Subtotal 95.8 Unincorporated Territory 194.7 e Jefferson Street; thence northerly along said Jefferson Street to the ( Total 290.5 sq. miles -13- The AOB is bounded generally by the northerly boundary of the San Joaquin Hills Transportation Corridor A03 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 centerline of said Alton Avenue to Red Hill Avenue; thence northeasterly along the centerline of said Red Hill Avenue to Warner Avenue; thence northwesterly along the centerline of said Warner Avenue to State Route 55; thence northeasterly along the 1 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 i 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 annexation nos. 69 -1, 76 -1, 71 -01, -13- 65 -4, 63 -3, 64 -1, 65 -7, 63 -4, 63 -2, 64 -4, and 72 -2 to its intersection with Imperial Highway; thence southeasterly 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 gills State Park; thence easterly along the southerly boundary of Chino Hills State Park to its intersection with the Orange /San Bernardino County line; thence southeasterly along the Orange County line to the boundary of the San Joaquin Hills Transportation Corridor Area of Benefit. ZONE A 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 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 Alicia Parkways thence northerly along the centerline of said Alicia Parkway to Portola Parkway; thence easterly along the centerline of said Portola 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 -14- 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 Zone 3 is described by the total Foothill /Eastern area of benefit k 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. i_ 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 6 3 Zones) based upon peak hour and non -peak hour travel characteristics. Approximately sixty-one percentl (619) 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 percentl (399) 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 3 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. 1Caltrans, LARTS 1976 Urban Rural Survey. -1s- The fee program share 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 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: I S cost apportioned to future development in the AOB zone v cost /trip end trip end growth in the AOB zone SJHTC F /ETC Zone A 597,856,775 . $74/TE $133,096,091 . $80/TV- 1,321,160 1,665,922 Zone B $67,643,330 ■ $46/TE $117,131,975 . $43/TE 1,462,093 2,730,731 The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used im 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 Bills and Foothill Transportation Corridor studies. Projected growth in industrial /commercial floor space was generated from MMTS II4 employment projections. 4Employment-projects adopted by the Orange County Transportation Commission. -16- Total Corridor Developers Developers Costs (S) Share (%) Share (S) SJHTC Zone A 28.6% $ 97,856,775 Zone B 19.88 $ 67,643,330 Total $341,660,000 48.4% $165,500,104 F /ETC , Zone A 25.8% $133,096,091 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: I S cost apportioned to future development in the AOB zone v cost /trip end trip end growth in the AOB zone SJHTC F /ETC Zone A 597,856,775 . $74/TE $133,096,091 . $80/TV- 1,321,160 1,665,922 Zone B $67,643,330 ■ $46/TE $117,131,975 . $43/TE 1,462,093 2,730,731 The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used im 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 Bills and Foothill Transportation Corridor studies. Projected growth in industrial /commercial floor space was generated from MMTS II4 employment projections. 4Employment-projects adopted by the Orange County Transportation Commission. -16- 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 costs due to the short nature of the trip. Addi- tionally, 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, 608 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 Land Use Category Zone A Zone B Generated Adjusted Generated Adjusted Trio Ends Trio Ends Trip Ends Trio Ends SAN JOAQUIN BILLS TRANSPORTATION CORRIDOR Single Family Residential Units 379,452 557,635 139,368 254,936 Multi -Unit Residential Units 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 Units 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 -17- 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 Develooer's 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 $35,661,922 $ 67,643,330 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Zone A $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 1 ,, 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 area 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. TABLE VIII -4 AREA OF BENEFIT FEES -18- Fee Rounded Land Use Calculation Fee Fee SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR_. Zone A Single - family residential $41,264,990 r 31,621 units $1,305 /unit $1,305 /un4t Multi -unit residential $21,093,922 * 27,708 units $761 /unit $760 /unit Non- residential $35,497,862 * 20,021,185 sf $1.77 /sf $1.75 /sf Zone B Single - family residential $11,727,056 * 11,614 units $1,010 /unit $1,010 /unit Multi -unit residential $20,254,352 * 34,389 units $589 /unit $590 /unit Non- residential $35,661,922 * 27,700,559 sf $1.29/sf 51.30 /sf -18- Fee Sounded Land Use Calculation Fee Fee FOOTHILL /EASTERN TRANSPORTATION CORRIDOR Zone A 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 L, 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. -19- Single- family residential $71,836,800 v 55,502 units $1,294 /unit $1,295 /unit Multi -unit residential $17,299,040 r 22,911 units $755 /unit $755 /unit Non- residential $43,960,251 r 24,231,767 sf $1.81 /sf $1.80 /sf Zone H Single- family residential $49,196,840 v 53,651 units $917 /unit 1920 /unit Multi -unit residential $19,015,503 r 35,558 units $535 /unit $535 /unit Non- residential $48,929,632 v 46,616,669 fees $1.05 /sf $1.05 /sf �+ D. APPLICATION OF FEES When development fees are collected at the time of building permit l 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 L, 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. -19- 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 shal1 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 1 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 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.P.) _ $ 43,750 Total fee for development if located in , Zone A of SJBTC AOB = $ 402,250 Foothill /Eastern AOB (Zone B): (100 D.U. x 920/D.U.) _ $ 92,000 (300 D.U. x 5535/D.U.) = S 160,500 (25,000 S.F. x $1.05 1S.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 af. office building to a 15,000 s.f. Neighborhood Shopping Center would be calculated as follows: San Joaquin Bills AOB (Zone B): (5,000 s.f. x $1.30 /s.f.) ■ $ 6,500 Total fee for development if located in Zone A of SJBTC AOB S 6,500 -20- Foothill /Eastern A0E (Zone A): (5,000 s.f. x $1.80 /s.f.) $ 91000 Total fee for development if located in Zone A of Foothill /Eastern AOH $ 91000 IX. DEFERRAL OF FEES i It is proposed that fees may be deferred for residential multi -unit rental projects or projects which include State or Federal requirements to provide units affordable to families with incomes less than 809 of the median income (Section VIII housing). The deferral may be for a period of.five years from 1- 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 1 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 s CREDITS Development Projects containing portions of transportation corridors within their boundaries shall be required by condition of approval of cities or County to accomplish the following: i 1. Dedicate right- o£-way in accordance with schematic plans approved by the Joint Powers Agency. 2. Grade corridor right -of -way in accordance with schematic plans approved by the Joint Powers Agency and shown on the Tentative Tract Map and rough grading plans. 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 -21- (closure of short gaps). Number of lanes required is to be based upon traffic generated by proposed project. S. Participate, among other designated beneficiaries, in the San Joaquin Bills or Foothill/Eastern Transportation Corridor fee program. Subdivisions in which right -of -way, grading and improvements are required for the transportation corridors will be eligible for credit toward payment of the MTBB fees to the extent that the costs are included in development of the fee program. whenever subdivisions are conditioned 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, the developer shall enter into an agreement 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 subdivision is entitled. A developer shall be entitled to reimbursement for a period of fifteen (15) years after acceptance of improvements by the appropriate legislative body. 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 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 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, no reimbursements shall be made until all grading, improvements or dedication are completed and accepted by the Board of Supervisors or City Council and funds are available for reimbursement as determined by the appropriate legislative body. 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. -22- 2. Right -of -Way Credit will be given for right -of -way dedication at the rate of $50,000 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: Corridor Segment SAN JOAQUIN RILLS TRANSPORTATION CORRIDOR Jamboree to Station 511 +50 Station 511 +50 to Moulton Parkway Moulton Parkway to Paseo de Colinas FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Credit Rate $149,784 per acre road easement $124,132 per acre road easement S124,915 per acre road easement Foothill/Eastern Corridor 6137,060 per acre road easement 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. I 4. Drainage Structures 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 156 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. S. Other Improvements Credit will be given for other improvements at the rate at which the improvement was estimated in the fee program plus 159 for engineering and administration plus 108 for contingencies. The credit rates specified above will be revised whenever the corridor cost estimates are revised for the purpose of adjusting fees. Once -23- 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 the fee programs be submitted annually to the Board of Supervisors and City Councils for fees to be automatically adjusted based upon an approved construction cost index. Updated project =at estimates, substantial changes in general plan land use elements, or other pertinent information may also be cause for adjustment by the Board of Supervisors and City Councils. In the event an annual evaluation of the fee programs causes fees to be reduced for any reasons, reimbursements will not be considered for fees already paid. XIII. CITY PARTICIPATION IN FEE PROGRAM There are twelve different cities within the proposed areas of benefit for the Foothill/Eastern and San Joaquin Hills Transportation Corridors. Joint Powers Agencies. (JPA) consisting of City and County members are proposed for the purposes of planning and .implementing the San Joaquin Hills, Foothill and Eastern Transportation Corridors. It is proposed that separate JPA's be created for the San Joaquin Hills Corridor and the combined Footh ill /Eastern Corridors. Fees collected by Cities and the County will be deposited with each JPA for the purposes of designing and constructing the corridors. The JPA will be responsible for administering fees collected under this fee program including any reimbursements called for in reimbursement agreements identified in Section XI of this report. KRM:ltDT20 -4 -24- 7/19/85 I 0 i; i ri ; $m i rrr \ i \ 1 ' N ° 4 a t n WI:r1py4M�1 �r�^ I 1�\� _ rrr�•C � � N � � o 1 :I m x �4 Q O W r U t W �gz a W W� CL Z ` m O m Y W V s ?�e4 p • L _ 8 N N I 1 2 3 4 5 6 7 8 9 10� 11 12 13 14 �s IS .o° Y° 16 0c 17 u i8 19 20 21 22 23 24 25 a ® 26 27 28 RG:dh 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 WHEREAS, development benefitting from implementation of the transportation corridors should contribute toward the cost generally in proportion to the need generated; and WHEREAS, right -of -way for the transportation should be protected as development occurs; and WHEREAS, grading should be accomplished, whenever possible, in conjunction with the grading and development of surrounding property; and WHEREAS, implementation of logical increments of the corridor should "occur in conjunction with the land development process whenever the transportation needs of that development require those facilities for access; and WHEREAS, development policies for the implementation of the 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 -26- �II t,'L }, .'H' -ORE, BE 1T , <F,=,OLVED that as a condition of uPprvvaI 1 2i of subdivisions containing within their boundaries portions of 3� transportation corridors shown on the Transportation Element of the 4 County General Plan the developer shall: 5 1. Dedicate right -of -way to County. 6 2. Grade corridor right -of -way in accordance with schematic 7 plans approved on the tentative map and rough grading plans approved ?^ 8 by the Director, EMA. q 3. Construct arterial ovezcrossings for internal ,arterials. a 10 width of overcrossing structure (i.e., number of travel lanes) is to 11 be determined based upon vehicular and pedestrian traffic generated 12 by the proposed project. .. 13 4. Construct corridor travel lanes and interchange ramps - 741 required immediately for access to proposed development or system 15- continuity (closure of short gaps). number of lanes required is to be 0,5 un `pu 16 based upon traffic generated by proposed project. _ °o. 17 5. Participate, among other designated beneficiaries, in anv 18 established corridor development fee program. Costs incurred pursuant; i 19 to-Conditions 2 through 4 shall be creditable against fees. Costs n 20 incurred pursuant to Condition 1 shall be creditable against fees to 21 the extent that the developrent fee program includes said right-of-»a - "_ 22 cost. 23 HE IT FURTHER RESOLVED that EMA is hereby directed to amend 24 appropriate sections of the Subdivision and Zoning Codes to implement c 25 this policy. 0 26 BE IT FURTHER RESOLVED that EMA is hereby directed to incorporate " 27 in General Plan amendment elements, zoning actions, area plans and ® 28 site plans recommendations appropriate for implementing this policy. -27- t 1'1 211 3 4 S G ` 6I 9I 10 o� ST r�h,'Hbh kESULVED that EMA is hereby directed to begin analyzing potential areas of benefit as an adjunct to the Orange County/ Orange County Transportation Commission Transportation Finance Stuffy: BE IT FURTHER RESOLVED that affected cities be requested to adopt similar policies. BE IT FURTHER RESOLVED that EMA is hereby directed to proceed expeditiously with the establishment of a fee program. 11 r 4 L 14 11 1. 15 ' o,e i VyV 16 m 17 � O 18 AYES: SUPERVISORS E- = RIET M. WIEDER, RALPH B. CLARK, AND ROGER R. L. STANTON 19 NOES: SUPERVISORS RoA� 20 L ABSENT: SUPERVISORS BRUCE ALSTANDE AND THOMAS F. RILEY 21 STATE OF CALIFORNIA 22 � ; ss. L 23 COUNTY OF ORANGE ) I. JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, W iforria 24 ;herehy certify that the above and foregoing Resolution was duly ant1 r;gyllar3y adopted by the said Board at a regular meeting thereof held on the 21st .-day'of Aprl ?•',;• 25 19 82 and passed by a tranimmm vote of said oB ar3- msn*�rs present:.•.r c 26 i IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21st day of c 2il , 19 82 7 Apr i 28 u•.J- � �.• . e UN L XAN cR ,.' Clerk of•the,;Board of Supervisnrs -28- of Orange County, Ca,liforniz u.. L WO 0 CO O X C w = U Z Z M p O F < a o 9 � z a a w CO z a W co Z to W n J o Z O o 0 H LL ¢ W v C O W a U a �2 0 a ® W LL m Basso 0 o w r Z a O O V W a O O W J I �� O m o xx z m W =O H U d7 W O � H J a y F- O a O U. CD z Q- T LL[ = U W W cp J S LL O z a LL O O < U w � < 0 N CL 6 H 6 w m O w d Z w U Q W a z 0 e W N e esoe W as. O W O n I �v . s f' f s nE 1 m W 0 a �gdJ $ U < N CL H W Z z }s � I v p 1 e 1 i1 A I r 0 r r m_ S W N O C � W W J S Q� O N W = < Q a H WW{y Z W m W 2 < e 4 a E 3 3 W J ; I�1 N xt EXHIBIT VII Page 1 of 2 FEE PROGRAM SHARE OF TOTAL CORRIDOR COST SAN J04QUIN HILLS TRANSPORTATION CORRIDOR 1Percent corridor TE due to growth = trip ends due to growth Total Trip Ends 2Percent corrider users TE by zone ■ Total trip ends per zone Sumnation of total trip ends 3Percent corridor users TE due to growth - Percent TE due to growth x percent corridor users TE by zone DT20 -19 -33- Outside Zone A Zone B AOB Corridor User Trips With One or Both Ends In Zone Trips beginning and ending in zone (Trips due to growth) 27,109 50890 9,116 (Total trips) 29,047 9,811 22,195 In /Out Trips (Trips due to growth) 60,145 25,834 49,798 (Total trips) 78,820 35,345 69,894 Out /In Trips (Trips due to growth) 57,362 28,141 50,274 (Total trips) 73,274 38,582 72,203 Trip End Analysis (Trip ends due to growth) 171,725 65,755 118,304 (Total trip ends) 210,188 93,549 186,487 (Percent corridor TE due to growth)1 81.708 70.298 63.443 (Percent corridor users TE by Zone)2 42.888 19.088 38.048 (Percent corridor users TE due to growth)3 35.038 13.418 24.138 1Percent corridor TE due to growth = trip ends due to growth Total Trip Ends 2Percent corrider users TE by zone ■ Total trip ends per zone Sumnation of total trip ends 3Percent corridor users TE due to growth - Percent TE due to growth x percent corridor users TE by zone DT20 -19 -33- N C U " a: r4 C 02o r+ U 66 w N 4 LL a N d C FF T O v7 tq � 5 2 r.r O d h m W C7 OJ v Ou C m .,y q C L 01 L 3 Oa C �+ Y Y C7 F A u N u Y IO d N v m v' Y W C � L y 01 W u C O i- m t Y Y m 0 O � Y O y Y 01 V r 01 O N d d N w o m b 01 w d O 4 b m N X08 N n ! b T r . w N N N d d N w o w b 01 w d O N b m w d N n N b m Iq ♦ h d d N w o w M1 M1 O r Al d b m w O ! w m b w m b w i r r vi a b b d N N N d p d ! O 4 W N O b m w O ! w m b w ! 01 ! N Al b N N N n � � P1 N ! d L 0 i p F t!n M b b m w O ! w ri r o M1 N O d N N N n � � P1 N ! d L 0 i p F C N C F D b Orb Ow PI O O ! w ! a ! O o mm O�bb w n t! P P T h w P N T N P1 b b d N N N N N N N w O � � d O b q b Ip w b O II L 0 V Y N w ! O! N O! N H w w •o •o O O b b! b! Y o a N •w •w m $ �O• o w .°. x x x x a m V w .~+ r d O N O w O w ! w R I b x N w w OD w+ d O G b P1 fw db F ++ d A w d L D7 L W L W 0 ! x 7 W C W C � � d m .•I C� C m 0 ro b m Y q W C Y y MpG u y M A m NC L p1 yC m aJ N 12w m m L 001 A.' O m d Q U Y Y y CCp A a0+ dt q Cp d d N M ! w b # -34- C N C F D EXHIBIT VIII Page 1 of 2 FEE PROGRAM SHARE OF TOTAL CORRIDOR COST FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Outside Zone A Zone 3 ADS Corridor User Trips With One or Both Ends In Zone DT20 -19 -35- Trips beginning and ending in zone (Trips due to growth) 27,922 9,322 20,555 (Total trips) 28,200 11,657 37,307 In /Out Trips (Trips due to growth) 68,629 31,320 64,217 (Total trips) 80,763 46,004 88,512 Out /In Trios (Trips due to growth) 75,449 33,648 55,069 (Total trips) 89,823 45,760 79,696 Trip End Analysis (Trip ends due to growth) 199,922 83,612 160,396 (Total trip ends) 226,986 115,078 242,822 (Percent corridor TE due to growth)1 88.088 72.668 66.058 �. (Percent corridor users TE by Zone)2 38.818 19.688 41.528 (Percent corridor users TE due to growth)3 34.188 14.308 27.424 1Peroent corridor TE due to growth a trip ends due to growth Total Trip Ends 2Paraent— corzider users- TE- :ry -zpna ----Total -trip erfds per zone Summation of total trip ends 3Percent corridor users TE due to growth . Percent TE due to growth x percent corridor users TE by zone DT20 -19 -35- 0 N h r- d .•�ne� onn m d 5. 77 a0 m! O I R! 01 O [OrC O n n in ono m ! IR N N N r1 m O� N O R1 N ^"� 'O N f•�f N 4 Y C7 E .•� r � a4 r4 r•1 N N N N N N N N tFil O o �0 a �n . ry eq n O 0 Y• C 2 C pC U F q r• q �p N ! N m m m N m N ry 4 m O yy m O N 4 IR N VZ4: yQv7 S J N y N O y y m u Da w U W N n a 4 G m O m +1 nm e O r4 ! N r1 ! m N N N m F W L Y W 01 Y r•1 1.1 ! y L CCp n M N Y N N r d G ~ a N e a F 0 N h r- .•�ne� onn m m! O I R! 01 O in ono nm�.+ m r1 m O� N O R1 N a4 r4 r•1 N N N N N N N N m 0 N m m N m L L O N 4 IR N N N n w nm e n ! m ! m m N P L CCp n M N N N o • m o k% x% � CI O m m } y N N m r r Y O N '� N .a r F .Gr m • W N ! N m y W � � H m m OJ Qnl V V m y mCm m y yC as r ® y a „y o R7 w Vd a S cm" r:� i al W Ow NOS. U u W a 0 w m m F -36- 0 N h r- m) oC N alC V7 F-I h a a � X � M w H ® a D a W F h a d N pHo U ! 01 u rn rl a .a r� N O .o r .+ r M1 N L L C a � +Gtl 'V rl m m d N � rl � E N V1 IH r O� m P1 'i O� N O n O rr Nm1f1 10 Nrl nlbN O� en O N1 It It u1 to r C M1 N It O P1 Na av%00%Nm N 0mri O N 1f1N O �l10 O\N O� 10 w ! r W N 01 r rf N N u•i .w ! %D ..o 0 F E N 1O \ O � C • C Y N W 0 O r tm N 10 N O O O O Y1 w O O • W Ln N Ol O O 2 w 'r "t O It �4 ter.. ON %a as L N Cl m r N r 4• If1 r! �O N N 10!! m O !.•I m W N! W O +a r r N C ON A w ai w w u w v � a Q o k U q� W N u OI p N .a 'a w wca G O .+ Y r .r to 0 u tr i a O 8 q d N d w W ..� •.� U i-1 A G W L W L S C C O F _37_ N N io iii ! r c 4G7 u Y a �e w r a m W N V} m \ b Y \ m m m roa tr7 Fm\ eCi u°i F 00 M •M ..o 0 F E \ O � C • C Y ! 1p m r! Y N N Fm7 O�i3i e n V �. F F �4 ter.. w •"'i � .r L Wo A Q! m W W S O C O F N N io iii ! r c 4G7 u Y N 7 a �e r a N V} m W b p m m roa eCi u°i M •M F E Y ! 1p m r! Y N N 9V¢ e n V �. F F ++ O M N 7 W b p N O L Y ! Y 111 O L +a m u V C u r r o tO1n ai. A U Y O1 Ol E 7 10 N N N 7 OIC Q1 0 N m n Y J a �d z m x „ 'n E 3 m d J xz _ yF C h7 a O U .1 m 11'I U1 10 111 F � N �1 N .d O .+ 111 01 V1 N Ifl N ^ � U � A N Y L L L C 7 C' G � M � L D g� 7J S d NN N! tT 10 N F O V p1 N 10 m 1D r1 N w 10 v+ lmvlr 10 rn n .a r 10 m ul v+olr 01 n N 1D 10 T m 10 N r m O1 01 V1 (n H N 0 aiw o. ai U *+ qV d Uqq N d1 F y1 u N H q 0 7 d O +l 1 t1] C y row aroi C 6 ..1 p1 F P1 m T N N Y1 O .H 1p N .-I .ti r n1 F rl .r W s r O T N if1 N ..I N P rY T 10 O N tT b O V T A r.1 u'f b 1D 1G r r P O 10 T sd P1 T N N m w _ A \ Y W \ 00 b0 \ v1oF to c 4 q Fm 7 gi�u M F ++ C O y G UF U .d C d w tl7 C O T m 0 F -38- N_ N �I- O m C C m m N Y Y F E o n m s N N m rt�1 N W q 7 G C op h 67 O � � 0 U w a q Y m m r y tT N y O N N U C7 n � y N r Fq e ON n 7 N O W qp W 1G n 0 p7 Y 10 P QI rl �p \O r�l N L F 0 h h .a to % Y N u 0 P L m O O O e a1 L to c ~ N U G M N W 2 4 r Neighborhood Park Regional Park State Park Marina Beach Golf Course Campground Tennis Club Raquetball Club INSTITUTION Elementary School Junior High School High School Junior College Church - Weekday Church - Sunday Library -39- 6 5 1 9 FTI 47 60 80 80 19 60 44 135 42 310 4 TE/Berth 350 TE /1000' Shore 5 TE /Campsi *_e 43 TE /Court 31 TE /Court 1.0 TE /Student 0.9 TE /Student 1.4 TE /Student 1.5 TE /Student EXHIBIT XI Page 1 of 2 DAILY VEHICLE TRIP GENERATION RATES ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY " August 1982 The 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/Ksf" is an abbreviation for trip ends per thousand square feet of gross building floor area. "TE /Acre" L" refers to trip ends per developed acre. CLand Use TE /Ksf TE /Acre TE /Other ` INDUSTRIAL Light Industrial /Industrial Park 13 176 Warehouse 5 62 V, RESIDENTIAL {., Single Family Detached 12 T- /Du Single Family Detached- Estate 15 TE /Du Multiple Unit (Apartments, Condos) 7 TE /Du Mobile Home 5 7E/Du ( Retirement Community 4 TE /Du LODGING Hotel 10 TE /Room Motel 9 TE /Room Resort Hotel (TRC Use) 300 18 TE /Room RECREATIONAL Neighborhood Park Regional Park State Park Marina Beach Golf Course Campground Tennis Club Raquetball Club INSTITUTION Elementary School Junior High School High School Junior College Church - Weekday Church - Sunday Library -39- 6 5 1 9 FTI 47 60 80 80 19 60 44 135 42 310 4 TE/Berth 350 TE /1000' Shore 5 TE /Campsi *_e 43 TE /Court 31 TE /Court 1.0 TE /Student 0.9 TE /Student 1.4 TE /Student 1.5 TE /Student EXHIBIT XI page 2 of 2 Land us* TE /Ksf TE /Acre TE /Other MEDICAL 195 Savings and Loan - Walk In Hospital 18 200 14 TE/Bed - Nursing Home 3 TE/Bed OFFICE General Office 15 240 Medical Office 75 Research Center - 10 40 RETAIL Discount Store 65 d Hardware/Home Improvement 50 550 Shopping Center - Regional 50 500 ( 30 Acres) d Shopping Center - Community 70 900 (10 -30 Acres) Shopping Center - Neighborhood 135 1250 ( 10 Acres) Restaurant - Quality (i.e., Velvet Turtle, 110 Hungry Tiger, etc.) Restaurant - High Turnover (is., Bob's, 350 n Denny's, etc.) Restaurant - Fast Food (i.e., MacDOnald's, 900 Carl's Sr., etc.) Automobile Sales 400 Service Station 750 TE /Station Supermarket 125 Convenience Market (i.e., 7 -11, 550 d Stop s Go, etc.) SERVICES Bank - Walk In 180 Bank - Drive In 195 Savings and Loan - Walk In 65 Savings and Loan - Drive In 75 KRS:desDT20 -22 -40- 6/11/85 'O RE:QUE:5i FUR (TRAC ACTION AGENDA DATE December 12, 1985 ADOPTION OF FEE PROGRAM TITLE . FOR EASTERN /FOOTHILL AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDORS TRAC ACTIM Di ector of Tratation Transportation Secretary RECOMMENDED ACTION Recommend to the City Council adoption of Corridor Fee Programs to finance construction of the Eastern, Foothill, and.San Joaquin Hills Transportation Corridors. Santa Ana's City Council and administrative staff have been active participants over the last 12 months in the establishment of a Regional Funding Program.for the proposed Eastern, Foothill, and San Joaquin Hills Transportation Corridors. City Council considered a recommended public participation process regarding the Corridor Fee Programs for Eastern, Foothill, and San Joaquin Transportation Corridors on December 2, 1985. Council directed the.administration to return with a recommended calendar that would establish a Public Hearing before City Council as soon as possible. The Public Hearing process process will require formal notification of approximately 1,200 parcel owners of the assessment area, and additional notification where multiple owners, osuch as condominium owners are involved within a given parcel. Staff can effectively accomplish this notification with approximately 30 days. On December 2, 1985 the City Council set January 6, 1986 as the public hearing date. Staff is requesting TRAC's recommendation to the City Council x regarding the establishment of a fee program. If the program is adopted, it can be anticipated that the ordinance will be in effect thirty days (30) after the public hearing. These fees will be assessed on new development only. AF,MORANDT_ M ,r� ►R� Transportation Advisory �I Co: Committee f Ilia t` I Date: George varez, ra Eng. Jj[v Public Services Agency CCC JJJ December 6, 1985 subject: MAJOR THURUU(iHr Aht RNU nrcl US2L rLa rnv�-i rwi. Y -• AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS BACKGROUND MEMORANDUM 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's 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 and as such have been under consideration for some time. The development fee program is based upon Government Code Sections 50029, 66484.3 and California Constitution Article 11, .Section 7. The concept is furthermore based on the general principal 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 488 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. No assessment of existing developed property is proposed. Corridor usage projects 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% nor 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 C. _ TAC 2 Dec. 6, 1985 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. Fees for each of the fee zones within the areas of benefit are: SJHTC Single Family Multi -Unit Non - Residential Residential Residential Zone A $1,305 /unit $760 /unit $1.75 /sf. Zone B $1,010 /unit $590 /unit $1.30 /sf. (Santa Ana) F /ETC Zone A $1;295 /unit $755 /unit $1.80 /sf. Zone B $ 920 /unit '$535 /unit $1.05 /sf. (Santa Ana) Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of their fees. The amount of credit will not be adjusted with subsequent revisions to the fee program once it is memorialized by agreement. This credit may be transferred to another landowner within the same area of benefit only with the change in title to the land. Payment of fees for residential multi -unit rental projects may be deferred for a period of 5 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. hr.J Portions of twelve cities are include within --t" benefit> - areas for the SJHTC and F /ETC. The County. !ado "a fee program only within the unincorporated areas. Partic- ation,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. The Joint _ Powers Authority consisting of City and County members was created to plan and implement the Corridors. All fees collected under �-� this program are being deposited in accounts specifically for the transportation corridors to accomplish this purpose. a TAC 3 Dec. f, 1985 Cities of Anaheim, Orange, San Clemente, San Juan Capistrano, yorba Linda, Tustin, Irvine, and the County of Orange have resolved to become part of the Joint Powers Authority (JPA), within the Eastern /Foothill Transportation Corridor Program. The Joint Powers Authority (JPA) for the San Joaquin Hills Transportation Corridor is: the Cities of Newport Beach, Irvine, San Clemente, San Juan Capistrano, and the County of Orange. The City of Costa Mesa has set January 20, 1985 for public hearing to resolve their role in the (JPA). Laguna Beach has not yet set a date to resolve their role. As mentioned, the City of Santa Ana has set January 6, 1986 as the date for a Public Hearing to resolve our role in the program. -Our particular concerns are the following three areas: Regional cooperation among public agencies: regarding financing of transportation improvements. Uncertainties regarding the location and cost of the proposed Corridors. The effect upon the developmental future of major undeveloped properties within the assessment areas. George Alvarez GA /GL /bjs i MAYOR °. Daniel E. Griset VICE MAYOR P. Lee Johnson COUNCILMEMBERS John Acosta Wilson � ma. bourger CITY OF SANTA ANA Patricia A. McGuigan 20 CIVIC CENTER PLAZA • P.O. BOX 1988 Dan Young SANTA ANA, CALIFORNIA 92702 NOTICE OF ALL - AMERICA CITY 1982 -83 CITY MANAGER Robert C.Bobb CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy PUBLIC HEADING PROPOSED MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS A major problem facing Orange County is traffic congestion. A partial solution to traffic congestion on the San Diego and Santa Ana Freeway lies in constructing the San Joaquin Hills, Foothill and Eastern Transportation Corridors. In conjunction with the County of Orange and other affected cities, the City of Santa Ana proposed to levy fees on new development to pay for most of the construction costs. The purpose of this notice is to fulfill legal requirements to establish road fee programs for construction of these three transportation corridors. THE PROPOSED FEE PROGRAMS AFFECT ONLY NEW DEVELOPMENT THE PROPOSED FEE PROGRAMS DO NOT AFFECT: ° EXISTING HOMES ° EXISTING COMMERCIAL OR INDUSTRIAL BUILDINGS ° BUILDING PERMITS FOR RESIDENTIAL REMODELING OR ADDITIONS ° BUILDING PERMITS FOR RECONSTRUCTION OF EXISTING RESIDENTIAL UNITS NOTICE IS HEREBY GIVEN that on January 6, 1985, at 7:30 P.M., in the City Council Chamber, 20 Civic Center Plaza, Santa Ana, the City Council will hold a public hearing to consider adopting Areas of Benefit and imposing fees on new development to raise a portion of the funding required to construct the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridors. The balance of the required funds would come from other sources such as State and Federal transportation funds. Fees would be imposed upon new development projects within the City of Santa Ana, and will be apportioned based upon the amount of traffic estimated to be created by each type of new development. Payment of the fees would be required at the time of building permit issuance. Fees would not be imposed upon existing residential, commerical or industrial uses or on buil.dina hermits for of existing residential buildings which do not increase number of dwelling units. (A dwelling unit is a home, condominium or apartment) The approximate boundaries of the Areas of Benefit and area of existing development exempt from fees are illustrated on the map contained in this notice. Action by the City Council will affect only areas within the City of Santa Ana. You have the right to appear at said hearing and be heard on this matter or you may submit written comments prior to close of the hearing, addressed to: The Clerk of the Council, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, 92702, Attention: Clerk of the Council. For more information, please call the Public Services Agency, Glen Lewis, (714) 834 -4995. �❑ ❑❑ ❑❑❑❑:Tc, �] 'J�❑g ❑� ❑ ❑1 ! SOD❑ 'i ' 411. s +� LID ❑ � Dw 1. a 'LJ1J Q�❑ ° 1 J�m iy z J Yr p"". a �ILJI � °i I 1 � lR' nger g 1' L 3 w O C ' CIVIC CMtER FLe[e Q ---�DU LO R _ s OTHER rutl6 rICILITIEs ••� " ../ IiK M.Y lK LIRLLLS J. I\ •LIx IL LL. 1M iq �? • (D LOV Xrr 111-- IDLO LDUIITXDIO[. � ❑1 [DYERS ,R,L W.L,D, ,,Wx.T. ~ Xn10 -111L uxOYGR+) WLLa eOYlgin[rIDY �3 cm l6tiw0 ATRXI) 11114 M L. INM(J ea. g O L0. Y[f oLO+. REAL'x0111Tr. COx Oxu. O Lo. epYlxl[rReTlOx OLM Im aiaV a.. P r[Rf MXLI t [YLRLCYC' USTI.. IM4 .L[XLI rW Y1iID+ COYYI TTL[. IV[LIL 1 +10.011: - 1111L3T4YMC [T3 N °.. WUXTr II RIYCC Nlr t30 C tR01DYx11 O Co. WILDING SERVICE[ ILL x, i1WORL st) G , f O LWYT, c...ct MxC bIw iDO V14 CMTI. OR. RI I e co. a Duxcf [m R[c Ydul x[nrx ° ��� 0C01Mn xLLLM D[ri. blwNl aROY 3T.1 �j f[RV'iCTt i. gG�MN- u431I0L1w [ia / lO6 CNNTT R'[LIIR LOL Ii. 4.1 w. ...... %T1 LIL "IR01, 1104 -xWLT W1[MItMM 1iY •� � � A IGOrvt JRDeouq ��° `� / / \ // LT'l :.:I ,4 ❑I L0. vu3roRUrlax,oLG[ t LDYYV+IU. �_- �_ /y`\` //y % � ©an cplyL pLYxoe uonw[cn¢cLxnR D +nL.L[n .. n Y.noaX uexcx us +e+r , _ Il c S. u a6 i tg X. i•� � # v C� � n [� � a S' _ ; i 0000 ®o�000 ®o® �ooco Fes. ® ° •S. Y••5 . - -% 9 ' v M." y O 3 V f ar ... f �µ I � ii Ch rri Ot O � O > 0 O � O {n f� �� ;d O O > _ •aoTgou agg u. pagegs se 5861 19 Aapnuer you '•m•d OE:L ge 9861 19 haenuer uo plaq eq TTTM buTaeag oTTgnd agg gegg agou asveTd •meaboad 9a3 obpps pup aaeggbnoaogy aoCew pasodoad agg buTpapbea pTag aq a TTTM bulpaH oilgnd p gpgg ncuT bulmzoguT peTTem sPm 9014ou e JS86T 'ZI aaqusoao uo CITY OF SANTA ANA Public Services Agency 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 �s NOTICE OF HEARING F M 90.C. PUBLIC HEARING CALENDAR ON THE EASTERN, FOOTHILL, AND SAN JOAQUIN FEE PROGRAM MOTION: Approve the proposed Calendar for adoption of Corridor Fee Programs to finance construction of the Eastern, Foothill, and San Joaquin Hills Transportation Corridors and set a Public Hearing for January 6, 1986, to consider adoption of the proposed Fee Program. MOTION: McGuigan SECOND: Luxembourger VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 1025 90.D. FUNDING TO CABLE -READY COUNCIL CHAMBERS MOTION: Approve funding for Phase II equipment to cable -ready the City Council Chambers and make necessary building improvements. MOTION: Johnson SECOND: Young SUBSTITUTE MOTION: Continue consideration of Cable funding to January 6, 1986. (See subsequent action on December 3, 1985, Minutes page 580.) MOTION: Young SECOND: Hart VOTE: AYES: Acosta, Griset, Hart, Luxembourger, McGuigan, Young NOES: Johnson ABSENT: None FILE 425.05 At 10:40 p.m., the Council recessed and reconvened at 10:59 p.m., with the same members present. CITY COUNCIL MINUTES 561 DECEMBER 2, 1985 I ,COUNCIL ACTION - CITY COUNCIL AGENDA DATE 2)ecenber 2, 1985 DATE OF COUNCIL ACTION EAMMW, TU01'fiILL, AND SAN JCAOtJIN SERVICES FJBLLTC • WIEFGOVERMMUAL OFFICE CITY MANAGER -RECOMMENDED ACTION CLERK OF THE COUNCIL That City Council approve the proposed Calendar for adoption�of Corridor Eee -Programs to finance construction of the Eastern, Foothill, and San Joaquin Hills Transportation Corridors and set a Public Hearing for January 6, 1986 to consider adoption of the proposed Fee Program. EXECUTIVE SUMMARY Santa Ana's City Council and administrative staff have been active participants over the last 12 months in the establishment of a Regional Funding Program for the proposed Eastern, Foothill, and San Joaquin hills Transportation Corridors. .Our participation has helped in the development of Memoranda of Understanding, Adoption Ordinances, and Joint Rowers Authority Agreements, as well as the Fee Schedule for new developments in these Corridors. The proposed fees on new development in the Eastern and Foothill Transportation Corridor will he $920 for single family homes, $535 for multiple -residential units, and $1.05 per square foot for all nonresidential construction. The proposed fees in the San Joaquin Hills benefit area will be $1,010 for single family residential units, $590 for multiple residential snits, and $1.30 per square foot for all nonresidential buildings. The public notification process requires Santa Ana to mail individual letters to all parcel owners in the benefit assessment area. Santa Ana's assessment area will affect approximately 1,200 parcels, a number of which may have multiple property owners such as condcminium units. In response to Oouncil°s consensus action of November 19, 1985, the Administration is recommending a Public Hearing before the City Council to consider the Fee Programs on January 6, 1986. Robert C. Bobb, City Manager 1 Date: �! Dave Grosse, Executive Director n 1°om: Public Services Agency Subject: CORRIDOR FEE PRDGRALM ADOPTION PXCESS November 22, 1985 City Council considered a recommended public participation process regarding the Corridor Fee Programs for Eastern, Foothill, and San Joaquin Transportation Corridors on November 19, 1985. Council directed the administration to return with a recommended calendar that would establish a Public Hearing before City Council as soon as possible. The Public Hearing process will require formal notification of approximately 1,200 parcel owners in the assessment area, and additional notification where multiple owners, such as condominium owners are involved within a given parcel. Staff can effectively acoomplish this notification within approximately 30 days. We have therefore recommended establishment of January 6th as the Public :Hearing date before City Council-contingent upon approval by the Council on December 2nd. The attached memoranda were delivered to City Council on November 14th regarding the administration's concerns in adoption of the Corridor Fee Program, our particular concerns are the following three areas: Pegional cooperation among public agencies regarding financing of transportation improvements. Uncertainties regarding the location and cost of the proposed Corridors. Ube effect upon the developmental future of major undeveloped Properties within the assessment areas. Also attached is a revised calendar regarding implementation of the Fee Program, and a summary of information regarding the assessment area proposed Corridor locations and adopted fees on new construction for Council's information. David H. Gros e, xecutive DlrectoT Public Services Agency Candy Cave, Intergovernmental Relations Manager i� SANTA ANA CORRIDOR FEE CA MER .Pastern, Foothill and San Joaquin Hills firansportation Corridors December 2, 1985 Council Policy Adopted December 2, 1985 Hearing Notices Mailed December -6, 1985 -City Council Public hearing and Ordinance January. $, 1986 City Council 2nd Reading January 20, 1986 Fee Collection Begins March 1, 1986 s Y ,L17A ANA CORRIDOR FEE CALF F-R Eastern, Foothill and San Zoacluin 34ills Transportation Zbrridors Douncil Workship November 18, 1985 Major D mer/Developer lgeeting Transportation Advisory ponmittee Workshop ;searing entices Mailed joint Planning Osmi.ssion/Redevelopment ficrtmission Nearing City Council public Nearing and Ordinance Fee Collection Begins December b, ,1985 Mecember 12, 1985 December 20, 1985 January 33, 1986 February 17, 1986 April 1, 1986 i 14W It ttbLNU TRANSPORTATION CORRIDOR San Joaquin hilts foot hit li£ astern Zone A 1,305 3 1,295 Single Family Residence Zone 8 ��2D -� �c ' Multiple Residential Unit Zone Zone A 6 3 760 r3 -- 90 Z 755 535 c a Zone A 3 1.75/4q —f 3DJsq.1�� AlIHon- Residential Buildings ft Developers Share 3 165,300,-000 3 250,228,D00 State 3 federal funds' 3 176,160,00-0 _ .3 265,S19,1D TOTAL 0 CT COST 341,f6Q,1DOO 1 516,147, Iz R�rl1R r1vn►►�c.R Honorable Mayor, Council /;, 11 Det dR5 =, Robert C. Bobb Ci Man -- NOV 1 5 1985 bject: ORANGE COUNPY MAJOR TRANSPORTATION OMRTDM rRF VPdrRAM a sip, V ICES On November -18, a .discussion �of the Orange County Transportation Corridor Fee Program, will be held with the City Council. 71he�urpose.is,#,o -as sess" the issues associated° with' participation- in- the--aoint-raers Auth ri'ti-es-far-the- Faotlilll�Eastefn an3' San- Joaquin�iills�tsarispirt3tion Corridors. During the workshop, a process will be reviewed which will,.inform property owners, developers and the oonmunity -at -large of the program elements and their implica- tions for the City of Santa Ana. The first meeting of the Joint powers Authority for the corridor Dias been scheduled for January 23. As is referenced in the attached metro trran Dave Grosse and as will be discussed in detail at the workshcp,iwe anticipate,that a citizen's information process for the City of Santa Ana will take approximately three months prior to-final action by the City Council. CITIZEN INFORMATION PROCESS Since the City of Santa Ana is accountable to our residents to ensure quality representation in matters, including transportation, which directly impact their quality of life, decisions associated with participating in the Joint powers Authority should be made with--as wide -a-base- of- snforma�Eion-fran- our -resilden -Es as apossible. Staff is reccamending holding workshops - #or- major- affected property owners, including Henry Segerstram, Santa Fe Properties, Sakioka Farms, Arnel Properties, and Schmeider— Hutton Center. All other property owners will have to be notified through mailing. The -Transportation -Advisory - Cannission, the -- Planning -C='nission- and the ""development --Ga n ssion-ere -appropriate - forums for -the discussion of the-T ransportatien-Corridor 'Fee'Progran. We intern to provide the Council with a calendar of dates for the series of meetings which will be held for the benefit of the ccrnnunity. CITY OF SWM ANA POLICY SIATEMERT On March 18, 1985 the Santa Ana Council adopted a policy statement which set forth the concerns of the City regarding the proposed County development fee program. That statement in part;as presented in letters to Stan Oftelie, Executive Director of the Orange County Transportation Coiimissirn, and to the .Board of Supervisors by the Mayor nn behalf of the Council stated:. ... The Council recognizes the need to generate additional sources of revenue and supports the concept of developer fees as an appropriate means to counteract the costs of transportation development and provide a funding mix for solutions. However, while recognizing these needs on a countywide perspective, there remain certain conditions and concerns which must be addressed as part of the execution of any agreements of participation on the part of the city of Santa Ana ... these include - the impact of construction ... on urban sprawl and traffic congestion ....Eand3 the ,proposed corridor development in relation to the overall Countywide master plan for transportation. Honorable Mayor; City Council . ORANGE COUM MOOR TRANSPORPATION CORRIDOR FEE PROGRAM November 14, 1985 Page 2 Transportation is a crucial issue for Orange County which must be addressed Diu'wgh"B'S"- GvfBnge?p7aml giDrocess includingzaintenance of. :existing -1 ads, construction of new streets, bridges -and ° free» rays, transit-eoiuticns, -W-0 assess- .mient of new transportation corridors in the north end of the County. CONSIDERATIONS Participation in the Corridor Fee Program requ res anrevaluation of not only the technical .benefits .and costs to the City but also the .ability -to resolve transportation funding issues and problems within the City. A substantial amount of revenue is allocated from the County of orange for transportation improvements throughout the County and within the twenty -six cities. The Arterial- Iiighway�Finanting-Program provides cronies to cities for transportation improvements as :does the FederaYAid- urban - Program — both allocated through Orange County and the Orange County Transportation Ccnmissirn. other sources of funding to the City of Santa Ana fran Orange County include bridge program fees and the recently enacted Ironies to be made available through the Orange County "Jnified Transportation Trust — DCiii'iti -f1nd. The OC= Fund has been created through legislation sponsored by Senator John Seymour fran the interest earnings of the Local Transportation Fund Reserve, money set aside to construct a rapid transit project in Orange County. Approximately 4 to 4.5 million dollars is to be made available annually for street and road purposes to Orange County cities from that fund, if these cities are AHEP eligible. The City's ability to finance needed improvements, such as the tristol street widening, or to prcmDte regional transportation efforts which alleviate congestion around the City, -such as use of the Pacific-F,]:ectric o�rri3o2 are 11i1k93- with-p3TtiCipatldn "iT1-deCls1.?3- TrOking concerning- Orange-(30tryty--E,ml;ng allocations. Zhe Transportation Corridor Fee Program should not be considered in a vacuum without an assessment of the balancing of needs to be addressed through these new highways, immediate existing transportation problems directly affecting the City, and long range comprehensive solutions for County -wide problems. RCB: CAC: jc Robert Bobb, City Mager r• an David Grosse, Executive Direc n Public rarv;cL L=arry Date: November 13, 1985 Santa Ana has been an active participant in the establishment of the County -wide corridor Fee Program over the last 12 months. In conjunction with the County of Orange and the Cities of Yorba zinda,. Anaheim, orange, Tustin, Irvine, Costa Mesa, Newport Beach, Laguna Beach, San Juan Capistrano, and San Clemente, we have developed a Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills, Eastern and Foothill Transportation Corridors. The Corridor Fee Program has now been adopted by the majority of Cities and the County of Orange, and fees are begining to be collected as implementing ordinances take effect. The City of Irvine, who has been a crucial player ;due to citizen opposition,.-bas taken Council action to implement the Program. Irvine will be a participant unless excluded through judicial decree or a referendum process. The procedure for Santa Ana's participation will involve formal notification of each and every parcel owner in the established benefit assessment.area regarding a Public Hearing to be set before the Santa Ana City Council. Prior to conducting that Hearing, however, it *is recommended that input be solicited from major property owners and developers in the affected area, and input solicited on the Program from the City's Transportation Advisory Committee and Redevelopment and Planning Commissions. This input would then be available for the City Council during the Public hearing with all property owners. The process will cover approximately three months and a calendar of suggested meeting dates leading to the Council approval will be f urnished for the ;brkshop on November 18, 1985. A brief overview of the regional situation will be discussed at Council's workshop, including issues of the Orange County Unified Transportation Trust FUnd and the Arterial Highway Financing Program and regional views of Santa Ana's action in the North Central area. It is important that our City Council actions relative to these .issues are understood by regional officials and elected officials in our surrounding cities. Santa Ana's leadership role in transportation planning and financing and promotion of regional transportation opportunities for the developmental future of Central Orange county directly parallel the current Corridor Fee Program in providing new travel opportunities to the Central County. Additionally, our decisions may be helpful to new Program initiatives, such as the Pacific Electric Expressway and the 57 Freeway Extension which will require support and participation from our neighboring municipalities and regional officials. "Robert Bobb /. City Manager 2 November 13, 1985 4� Now that the other agencies have adopted the CorridOr Fee Program, the .attention of the County and adjoining cities is focused on Santa Ana. S cannot overestimate the importance of Council's consideration and decision on this Program as it relates-to our future development and regional assistance for transportation financing. David Grosse cc: Deputy City Manager/Development Intergovernmental Relations Sanger UE/am M 0 M Adopted Program Anaheim orange Irvine San Clemente San Juan Capistrano Tustin Yorba Linda County of Orange Adopted Program 3rvine Newport Beach San Clemente San Juan Capistrano County of Orange 60 CDRRIDJR FEE PlCMW CURREA'P STATUS November 13, 3985 x•� •• ��•• �� Action Pending opposed Santa Ana SAN JDAQUIN IULLS ODRRIDDR Action Pending opposed Costa Mesa (11 -18) laguna�Eeach Santa Ana (11 -18) I DRANSE .COUNTY NT p AN q • �NSPORTATION COMMISSION s� . November ?,1985 _ vov 1 1965 i. 'Robert Bobb, Manager City of Santa Ana A. 9 - Sant Ana, CA 92702 G�l�C SERU\C�e'� • Dear Mr. Bobb: - 'It appears the final pieces of the puzzle are coming together and the Joint Powers Authorities for '.::.;."':the Foothill/Eastern and San Joaquin Bills Transportation Corridors are almost complete.. In late 4D ctober; ustin; agreed to join The �oth�llastern Zorridor�Authority 'Their action leaves four cities on the outside: Costa Mesa, Laguna Beach, Newport Beach, and Santa Ana. All of the other cities and the county have taken action to join the Joint Powers Authorities and to begin collecting fees under the revised Major Thoroughfare and Bridge Fee Program. ply :' :,..•- .- ._.:_., "_. t The other four:'tl ew%, rtzhas scheduled its public hearing on'jolor;7nrtg 2he�?oaquin'Xills- 'Transportation Corridor for November 12, Laguna Beach and Costel'Alesa have scheduled study sessions on that same day, and Santa Ana has set a discussion for November 26. The possibility of having all cities and the county as members of the two Joint Powers Authorities when they meet January 23, is beginning to look very real. It is important that we begin developing a work plan for the first few meetings of the Joint Powers Authorities. To begin planning for these initial meetings, we need a technical steering committee meeting. It would be ideal to have your Public Works Director, or appropriate staff, attend an initial discussion on the JPA's agendas. Private sector representatives will also be invited. This initial discussion is planned for November 20, at 9 a.m., - at-the Orange County Transportation Commission offices. At this session, we can begin discussing what 1ve can do with the JPAs,�what.preliminary steps -must be taken, and also, we can do a little housekeeping to make sure all of us are taking all of the actions necessary to create these two new government agencies. Tll be looking forward to seeing you or your representative on November 20..•' Since_ rely, r Stan oftelie Executive Director SD:pt cc: Dan Griset Pat McGuigan - David Grosse Cindy Cave Commissioners: .- James Beam • Clarice A. Blamer • Ralph B. Clark +Richard B. Edger :Thomas F. Ailey •James Rooseveh • Harden M. Wieder •DonaldL.Walson 1055 North Main, Suite 576, Santa Ana, Calilornie 92707 (774) 834.75B7 D. CITY'S SELF - FUNDED INSURANCE PROGRAM MOTION: Accept $1,300,000 quota share liability insurance coverage reduction in the City's existing $9,000,000 second layer insurance policy and authorize execution by Mayor and Clerk of Coverage Reduction Endorsement. MOTION: Young SECOND: Acosta VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 435.20 E. FISCAL YEAR 1986 FEDERAL FUNDING PRIORITIES MOTION: Approve Fiscal Year 1986 Federal Funding priorities contained in the Request for Council Action dated March 18, 1985, prepared by the City Manager. MOTION: Young SECOND: Acosta VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 310 F. ORANGE COUNTY TRANSPORTATION CORRIDORS - DEVELOPER FEE PROGRAMS MOTION: Adopt the following policy statements: 1) The City of Santa Ana agrees to participate in planning and construction of the San Joaquin Transportation Corridor, pending the implementation of the following conditions: a. Reassessment of the designated areas of benefits; and b. Incorporation of the elements proposed in the 5 -year Transportation Improvement Program developed and submitted to the Board of Supervisors by the Inter -City Liaison Committee. CITY COUNCIL MINUTES. 125 MARCH 18, 1985 2) The City of Santa Ana rejects participation in the Eastern /Foothill Corridor Fee Program, given the current lack of information and need to study the following issues: a. The impact of construction of the Eastern /Foothill Corridor on urban sprawl and traffic congestion, due to land development and corridor access needs; b. An evaluation of financing alternatives, including the toll road concept; c. The impacts of construction on mobility, commuter patterns, and Employment access for residents of all cities of the County, not only those located within designated areas of benefit, d. The impact of construction on the environment, including meeting Emissions standards for the South Coast Air Quality Management District; and e. The relationship of the proposed corridor to transit development plans, currently identified freeway improvements and maintenance schedules provided in the 5 -year State Transportation Improvement Plan, with projected Employment and residential growth County - wide;. MOTION: Griset VOTE: AYES: NOES: ABSENT: SECOND: Young Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young None None FILE 1025 MOTION: Approve agreement and authorize execution by Mayor and Clerk. i CITY COUNCIL MINUTES 126 MARCH 18, 1985 REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE March 18, 1985 TITLE ORANGE COUNTY TRANSPORTATION CORRIDORS DEVELOPER FEE PROGRAM PUBLIC SERVICES AGENCY - C MANAGER CITY DATE OF COUNCIL ACTION CLERK OF THE COUNCIL �,c ,S RECOMMENDED ACTION _That City Council adopt the following policies concerning the City's participation in the proposed County Developer Fee Program relative to construction of the San Joaquin Hills Corridor, the Eastern Corridor, and the Foothill Corridor: 1. The City of Santa Ana will not participate in the County Developer Fee Program as currently proposed. The City of Santa Ana will reconsider participation i.n a County -wide Developer Fee Program if: a. The 57 Freeway extension and the Foothill /22 bottleneck solution are included in the funding program. b. The assessment area and relative assessment costs are reevaluated to provide for equitable assessments relative to degree of use or benefit from construction of the Corridors. C. Cammitments to existing congestion relief projects such as the 5 widening, 55 widening, and 5/55 Interchange reconstruction are not jeopardized by the Corridor Fee Program. EXECUTIVE SUMMARY Three transportation corridors have been defined for the southeast portion of Orange County. These corridors known as the San Joaquin Hills, Eastern, and Foothill Transportation Corridors are currently unfunded. The County of Orange and the Orange County Transportation Commission are seeking a developer fee program to finance 50% of the cost of the facilities. The County has developed a benefit area associated with these corridors, and the Commission is attempting to gain financial participation from all Cities included in the benefit area. The anticipated developer fee would be approximately $50 per trip end ($700 for new residents) for developments in Santa Ana lying roughly east of Main Street or south of Warner. Staff has reviewed the County and Commission proposal with particular concern for the proximity of the corridors to the City of Santa Ana and the equity of assessment versus _ ransportation benefits provided. Staff's recommendation is against participation in the County program. i� 5 V 413 CITY OF SANTA ANA POLICY STATEMENTS FOR UNIFIED TRANSPORTATION SOLUTIONS Comprehensive transportation solutions are needed to serve existing and'future traffic volumes from current and emerging development patterns on a County -wide scale. Considering the financial constraints facing implementation of transportation solutions today, the City of Santa Ana recognizes that fees paid by developers are a necessary and appropriate part of the funding mix for these solutions: Options to enhance mobility in existing transportation corridors (including bus and HOV facilities or transit guideways) shall be fully explored, prior to planning, financing, or constructing any facility that tends to stimulate sprawl and cause major life style changes for residents of Orange County. Prior to entering into an agreement for financing an environmentally sensitive transportation solution, a comprehensive proposal shall be advanced clearly defining: 1. The complete requirements for the facility including access and terminus needs; _ 2. All alternative financing mechanisms available including toll roads and standard arterial construction; 3. An equitable area of benefit with proportionate assessments for transportation use of the facility; 4. Identification of any and all environmental impacts associated with the facility, such as air pollution, congestion, and life style changes; 5. Incorporation of local multiagency solutions to severe congestion problems resulting from intensified development adjacent to the facility. RECOMMENDED ACTION That the City of Santa Ana agrees to participate in planning and construction of the San Joaquin Transportation Corridor, pending the implementation of the following conditions 1. Reassessment of the designated area of benefit. 2. Incorporation of the elements proposed in the 5 year Transportation Improvement Program developed and submitted to the Board of Supervisors by the Inter -City Liaison Committee. That the City of Santa Ana reject participation in the Eastern/ Foothill Corridor Fee Program, given the current lack of information and need to study the following issues: 1. The impact of construction of the Eastern /Foothill Corridor on urban sprawl and traffic congestion, due to land development and corridor access needs; 2. An evaluation of financing alternatives, including the toll road concept; 3. The impacts of construction on mobility, commuter patterns, and employment access for residents of all cities of the County, not only those located within designated areas of benefit; 4. The impact of construction on the environment, including meeting emissions standards for the South Coast Air Quality Management District; 5.. The relationship of the proposed corridor to transit development plans, currently identified freeway improvements and maintenance schedules provided in the S year State Transportation Improvement Plan, with projected employment and residential growth County -wide. o; Robert C. Bobb, City Manage David H. Grosse, Executive m: Public Services Agency ,ubject: OOUIM TRANSPORTATION CORRIDOR DEVELOPER FEE PROGRAM Date March 6, 1965 Staff has reviewed the proposed Orange County Transportation Corridor Developer Fee Program for the San Joaquin Hills, Eastern, and Foothill Transportation Corridors and has participated in numerous workshops with County, Commission, and other city staffs concerning the proposal. Our recommendation is against participation in the County program for the following reasons: ° Benefit. The closest point of any proposed Corridor to the corporate limits of Santa Ana is two miles. The benefit to developers in Santa Ana has not been clearly established. • Equity. The proposed assessment fee for areas of secondary benefit, such as Santa Ana, is 50% of the primary benefit area assessment giving an unfair advantage to landowners in south County. ° Unresolved Needs.. Neither the Eastern nor Foothill Corridor provides a link to .central Orange County. This missing link has been dubbed the "Bottleneck" and is the subject of a "Bottleneck Analysis" to be conducted in the future by the Commission. A solution for the "Bottleneck" is not included in the financing package. Extension of the 57 Freeway, or a north-south expressway in western Santa Ana is not included in the funding analysis, although developers in that area will be paying. ° Existing Deficiencies. The developer fee program is 'a commitment to fund three freeways. Existing congestion spots, such as the 55 Freeway, the 5 Freeway, and the 5/55 Interchange which have been presumed funded, are now in question. Unless there is a State gas tax increase to finance these needed programs, available County revenues will be committed to build new transportation corridors, leaving existing congestion spots unaddressed. ° Arterial Maintenance. Santa Ana's arterial maintenance program has suffered in recent years from rising maintenance needs /costs and reduced budgets. The County has now proposed to eliminate a pass through program (arterial highway financing program - AHFP) so that their funds could be used to maintain County roadways rather than city roadways. Santa Ana stands to lotse over one -half million dollars per year fran elimination of this pass through. Inter -City Agreements. Santa Ana is already participating in- inter- city agreements with Orange, Irvine, and Costa Mesa, and is considering a new agreement including Irvine, Newport Beach, Costa Mesa, and the County for arterial congestion relief. These assessments on developers , amounting to,approximately 1% of construction costs, would be doubled to participate in the County program. City Manager 2 March 6, 1985 Alternative Solutions. Alternative solutions benefiting central County have not been included in the funding package. Transit solutions, rideshare, toll roads, or standard arterial construction of these corridors are not recommendations of the County plan. The County of Orange and the orange County Transportation Commission have proposed a financing program for construction of the San Joaquin Hills, Eastern, and.Foothill Corridors. The program envisions the local developers contributing 50% of the cost to build these three freeways. The Transportation Commission has assumed a facilitating role in an effort to secure City participation in the financing of the County facilities. The proposed Corridors will fit into the County's transportation network for one of two reasons.. The first reason is to provide access where access does not exist. All three Corridors offer this opportunity. The second reason is to provide congestion relief for facilities currently in place. Both the San Joaquin Hills and the Foothill Corridors offer relief to the Santa Ana Freeway and the San Diego Freeway through south County. The Foothill Corridor, however, is proposed to deadend in the Eastern Corridor, a perpendicular facility. The Eastern Corridor on the other hand, provides relief for the 55 and 91 Freeways, bringing Riverside and San Bernardino commuters into central orange County, however it deadends into the Santa Ana Freeway (a,perpendicular facility) in central Irvine. The proposed mechanism would cane about from the adoption of three generalized policy statements (Attachment A) which would be followed by adoption of Memorandums of Understanding to participate in the program (Attachments B and C) , which in turn would lead to a Financing Agreement to pass developer.fees through city governments to the County for construction of the Corridors. County staff has developed a "benefit assessment area" for the San Joaquin Hills Corridor and a separate "benefit assessment area" for the combined Eastern and Foothill Corridors. Santa Ana is overlaid with assessments from both areas. Santa Ana developments predominently northeast of Main and Warner would contribute to the Foothill and Eastern facilities, and developments south of Warner would contribute to the San Joaquin Hills Corridor. A map with precise assessment areas is shown as Attachment D. The proposed benefit assessment areas are further subdivided into areas of primary benefit and secondary benefit. Primary benefit accrues to properties immediately accessed by the proposed Corridors, and secondary benefit to those remotely accessed by the Corridors. In Santa Ana's case staff feels that the benefit is at best marginal. Upon questioning County staff, it was determined that their benefit assessment area was developed using the SCAG 1982 growth forecast for the County without discussion with City staffs, and that if 4% of a development's trips would use the Corridor, it was deemed to be in the benefit area. City Manager 3 March 6, 1982 Secondly, the County included those areas of likely growth (development areas) and excluded those areas which were not likely to grow (existing residential or developed comnercial /industrial) for obvious reasons. In sane cases, the assessment area has been slightly expanded for ease of administration. From this primary and secondary benefit assessment area the County has developed a fee program to generate 508 of the price of the Corridors. This information is included as Attachment E, with a number of variations as provided by County staff. In Santa Ana's case, our developers would pay a secondary assessment of approximately $50 per trip end. Primary assessments for land owners in the undeveloped south County areas served by the Corridors will pay approximately $90 per trip end. Staff feels that a more equitable assessment should be developed relating to the percentage use of the Corridors by developments. The primary areas of benefit virtually cannot develop without these Corridors or some form of arterial street system. All proposed developments in Santa Ana could proceed, however, without any of the proposed Corridors. We would recommend a strategy whereby if 48 of a Santa Ana development's trips use the San Joaquin Hills Corridor, our developer paid a 48 share of a fee program; and if 808 or 908 of a south County development use the Corridor it would contribute 808 to 908 share to the - fee program. From a County -wide, system -wide perspective, there are several deficiencies in this financing proposal. The Foothill Corridor, after traveling in a northwesterly direction for 35 miles, deadends in a northeast - southwest corridor without proper connection to the Garden Grove or Santa Ana Freeways. This missing link has cane to be known as "The Bottleneck ", and -it will be the subject of a "Bottleneck Analysis" to be performed this year by the Transportation Commission. A solution for the bottleneck is not included in this financing program. Also, the San Joaquin Hills Corridor will connect directly into the Corona del Mar Freeway, which will then require additional capacity at the transition to the San Diego Freeway. Financing for this capacity improvement is not included in the corridor fee program. Similarly, the Eastern Corridor deadends at the Santa Ana Freeway, (or dumps into Culver Drive), and funding has not been identified to upgrade Culver Drive to freeway capacity. Setting aside for the moment these three Corridors, staff has investigated the overall funding capability for transportation solutions in the County. Less than one year ago, transportation professionals and elected officials alike agreed to a balanced transportation plan on a County -wide scale. It included freeway improvements, transit improvements, arterial improvements, and the three proposed Corridors. We are now being offered a plan which commits scarce resources to one portion of the County -wide plan. City Manager 1 4 March 6, 1985 Until recently, other portions of the plan were also funded. The widening of the Santa Ana Freeway and the Newport /Costa Mesa Freeway, and the improvement of the 5/55 Interchange were all included in the State's Transportation Improvement Program. Now, however, we have learned that without a gas tax increase or some alternative financing, these improvements may not cone about. Attachment F through J include recent documentation that these projects are now in jeopardy. On the transit side, Santa Ana's developers have been strongly behind a transit solution. Santa Ana will be the focus of the County's transit network if a financing plan can be developed to put it in place. Currently, Santa Ana's developers are paying for local arterial improvements through our City's Transportation Area Fee program. The County's Corridor fee program would add a second assessment to'pay for new freeways in the south County. To attain a transit solution, Santa Ana developers would need to pay a third or fourth assessment, which is quite unlikely. Significant opportunities exist to invest Santa Ana developer fees in highway solutions serving central Orange County and the Santa Ana developers. Harbor Boulevard is designated as a super street but there is no County financing plan for super street construction. As an alternate, the Santa Ana River has been envisioned as the extension of the 57 Freeway from Orange to Costa Mesa serving developnents in Santa Ana. No financing is being considered for this project. Finally, the east -west access to downtown Santa Ana on a regional basis needs upgrading. Staff has proposed a joint highway /transit investment in the Pacific Electric Corridor between the Garden Grove Freeway and the downtown, combining joint use of Santa Ana Boulevard and Civic Center Drive for highway and transit solutions. No financing plan for this improvement has been proposed. After considering the proposed Corridor fee program, the equity of assessment, the unresolved solutions to the County's system of transportation, and financing commitments to existing needs, staff is reommending against participation in this program as currently presented by the Transportation Cm nission. Should a more equitable financing plan or County -wide solution to transportation needs be developed by the Commission or the County of Orange, staff would reconsider our recommendation for participation. other agencies have also had a difficult time with the proposal in its current format. Attachment K summarizes available information for affected cities as of this date. The City of Irvine, the Irvine Company and the Mission Viejo Company are the obvious beneficiaries of the Corridor Fee Program as currently structured. Irvine's Council action supporting this 'program is included as Attachment L as transmitted to all potential assessment cities. Consideration of the proposed Corridor fee program is scheduled for the Transportation Advisory Committee meeting of March 14, 1985 and the Planning Commission on March 11, 1985. Results of these actions will be presented at your meeting. David Grosse Attachments DHG /am