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HomeMy WebLinkAboutTRANSPORTATION CORRIDOR AGENCY - SAN JOAQUIN CORRIDORMAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Prepared by Environmental Management Agency Transportation/Flood Control Program Office July 1985 (Revised by Transportation Corridor Agencies September, 1988, January, 1991 and June, 1997) Exhibit "A 223512_2.DOC SECTION I II III IV V VI VII VIII IX X XI XII XIII TABLE OF CONTENTS TITLE Executive Summary Background Description of Corridor Corridor Planning Estimated Costs Overall Financing Area of Benefit Description of Area of Benefit (AOB) Fees Deferral of Fees Criteria for Collection of Fees Development Exactions & Credits Annual Fee Adjustment City Participation in Fee Program 223512 2.DOC i PAGE 1 4 5 6 7 10 11 13 19 28 28 28 31 31 LIST OF EXHIBITS EXHIBIT NO. TITLE I Area of Benefit Index Map with City Boundaries II Resolution 82 -589, Transportation Corridor Development Policy III Area of Influence for Corridor Users, San Joaquin Hills Transportation Corridor IV Area of Influence for Corridor Users, Foothill/Eastem Transportation Corridors V Area of Benefit, San Joaquin Hills Transportation Corridor VI Area of Benefit, Foothill/Eastern Transportation Corridor VII Fee Program Share of Total Corridor Cost, SJHTC VIII Fee Program Share of Total Corridor Cost, F/ETC IX Cost Per Trip End Analysis, SJHTC X Cost Per Trip End Analysis, F/ETC XI Daily Vehicle Trip Generation Rates 223512 2.DOC ii PAGE 33 34 -36 37 3$ 39 40 41 -42 43 -44 45 46 47 -48 LIST OF TABLES TABLE NO. TITLE IV -1 San Joaquin Hills Transportation Cost IV -2 Foothill/Eastern Transportation Corridor Cost VII -1 San Joaquin Hills AOB by Local Jurisdiction VII -2 Foothill/Eastern AOB by Local Jurisdiction VIII -1 Fee Program Share of Corridor Cost VIII -2 Adjusted AOB Trip Ends VIII -3 Fee Program Share by Land Use Category VIII -4 Area of Benefit Fees 223512 2.DOC Di PAGE 8 9 13 16 21 23 24 25 MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Executive Summary It can no longer be expected that facilities such as the San Joaquin Hills Transportation Corridor ( SJHTC) and Foothill/Eastern Transportation Corridors (F/ETC) can be fully funded from the traditional revenue sources used to construct southern California existing freeway network. Supplemental funding sources must therefore be developed if these important components of Orange County's transportation system are to be developed to provide relief to existing congested facilities and support orderly development within cities and unincorporated areas. Development fees represent a potential supplemental funding source. The development fee program is based upon Government Code Sections 50029, 66484.3 and California Constitution Article II, Section 7. The concept is furthermore based on the general principle that future development within prescribed benefit areas will benefit from the construction of the transportation facilities and should pay for them in proportion to projected corridor traffic demand attributable to the development. Future development within the benefit areas is expected to account for approximately 48% of the cost of the SJHTC and F/ETC. The remaining cost of the corridors, representing benefits derived by existing development within the benefit areas and corridor users outside the benefit areas, is proposed to be funded through traditional transportation funding sources such as existing federal and state programs, and additional, non - traditional sources, such as toll resources. No assessment of existing developed property is proposed. Corridor usage projections for several hundred traffic analysis zones within the County were developed as a tool to assist in defining the proposed benefit areas. Traffic analysis zones with 4% or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features closely approximating the pattern were used to describe the boundaries of the benefit areas. Two fee zones within each Area of Benefit were established based upon direct use of the corridors. Traffic analysis zones with 8% or more of their total trip making utilizing the corridor were defined in the higher fee zone (A). The remainder of the zones were defined in the lower fee zone (B). Assessment of fees on a traffic related basis was determined to be equitable. Trip ends were selected as the least common denominator and fees were established by dividing the proportion of corridor cost attributable to each fee zone by the total number of projected daily trip ends within each fee zone. Adjustments were made to trip ends between neighborhood commercial and residential land uses to reflect the relative benefit of neighborhood commercial development 223512_2.DOC to residences. Land uses were combined into three general land use categories (2 residential and 1 non- residential) for the purposes of applying fees to development projects. Presently, as of June 12, 1997, fees for each of the fee zones within the Areas of Benefit are: Single Family Multi -Unit SJHTC* Residential Residential Non - Residential Zone $3,133 /unit $1,824 /unit $4.20 /sf. Zone B $2, 426 /unit $1, 416 /unit $3.11 /sf. F/ETC ** Zone A $3,673 /unit $2,144 /unit $5.10 /sf. Zone B $2,612 /unit $1,520 /unit $2.96/sf. * The foregoing SJHTC fee rates shall be increased on July 1, 1998, and annually thereafter, by 2.667% without further action by the Board. ** The foregoing F/ETC fee rates shall be increased on July 1, 1998, and annually thereafter, by 2.206 % without further action by the Board. Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of their fees by the Transportation Corridor Agency pursuant to approved plans, specifications and phasing of the Agency, or by agreements with Parties executed prior to the effective date of the First Amended and Restated Joint Exercise of Powers Agreement creating the SJHTCA or the F/ETCA, as appropriate. The amount of credit neither will be adjusted with subsequent revisions to the fee program nor will additional fees based upon such subsequent revisions be required once such credit is memorialized by agreement. This credit may be transferred in accordance with the provisions of Section XI to subsequent owners of the property from which the credits were generated. Payment of fees for residential multi -unit rental projects may be deferred for a period of five years from issuance of a building permit. The developer must enter into an agreement to pay the fee in effect at the time payment is due and provide a security in the amount of the fee plus 15 %. Properties which are exempt from payment of property taxes will generally be exempt from payment of corridor fees. Governmental owned and constructed facilities and utilities will be exempt unless the facility is used for commercial or revenue generating purposes. Portions of seventeen cities are included within the benefit areas for the SJHTC and F /ETC in addition to portions of the unincorporated County of Orange. The County may adopt a fee 223512_2.DOC program only within the unincorporated areas. Participation by cities, therefore, is an important ingredient to a successful program that does not create inequities to property owners within differing jurisdictions. City and County cooperation is not only required in the adoption of a program and collection of fees, but should extend to decisions regarding expenditure of the funds. Joint Powers Agencies consisting of City and County members have been created to plan, design, finance, and construct the Corridors, and to determine the order of phasing of construction of corridor segments when developers are required to construct corridor improvements in lieu of payment of fees. All fees collected under this program will be deposited in accounts specifically for the transportation corridors to accomplish this purpose. . 223512_2.DOC MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS I. BACKGROUND Government Code Sections 50029 and 66484.3 permit the establishment of local ordinances to require payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares in Orange County. Pursuant to the above provisions of the Government Code, the Board of Supervisors adopted Section 7 -9 -316 of the Orange County Codified Ordinances providing for the establishment of major thoroughfare and bridge construction fees to be paid by subdividers and building permit applicants in the County of Orange. On April 21, 1982, the Board of Supervisors, by Resolution 82 -598, directed the Environmental Management Agency (EMA) to begin analyzing potential Areas of Benefit, and to proceed with the establishment of a fee program. The Board, furthermore, determined that developers of subdivisions which contain portions of any transportation corridor, would dedicate right -of -way, grade and construct necessary portions of the corridor and participate in any established corridor fee program On February 15, 1983, the Board of Supervisors, by Resolution 83 -239, identified interim Areas of Impact for the San Joaquin Hills and Foothill/Eastern Transportation Corridors and directed EMA to require subdividers to enter into contracts to participate in corridor implementation pending establishment of a fee program. On January 30, 1984, the Orange County Planning Commission adopted Resolution No. 45 -83 recommending that the Board of Supervisors adopt Major Thoroughfare and Bridge Fee Programs for the San Joaquin Hills Transportation Corridor and the Foothill/Eastern Transportation Corridor. On October 3, 1984, the Board of Supervisors, by Resolution No. 84 -1462, adopted Areas of Benefit and Major Thoroughfare and Bridge fees within unincorporated Orange County for the San Joaquin Hills and Foothill /Eastern Transportation Corridors. Subsequent cooperative analyses of the fee program by Orange County, Orange County Transportation Commission, the Building Industry Association of Southern California, Orange County Region, and cities within these Areas of Benefit 223512_2.DOC have led to the Fee Program defined within this report, and the formation of the San Joaquin Hills Transportation Corridor Agency and the Foothill/Eastern Transportation Corridor Agency to implement such Fee Program and plan, design, finance and construct such corridors. The County and various cities within the Area of Benefit of the San Joaquin Hills and Foothill/Eastern Transportation Corridors formed two Joint Powers Agencies known as the San Joaquin Hills Transportation Corridor Agency and the Foothill/Eastem Transportation Corridor Agency. Necessary ordinances and resolutions to effect the Fee Program have been adopted by all parties of the Agency, and such program is now being fully implemented. II. DESCRIPTION OF CORRIDOR A TRANSPORTATION CORRIDOR is a high- speed, high volume, access - controlled multimodal facility with a median of sufficient width to be utilized for transit considerations such as fixed rail or high- occupancy vehicles, and facilities necessary for collection of tolls. The corridors will provide for high speed movement of vehicular traffic where projected volumes exceed major arterial highway capacities. These routes will function similar to freeways and expressways and should eventually be incorporated into the State Highway System. They are, therefore, designed to meet minimum State and Federal standards. In addition to the need for major transportation corridors generated by existing development, the relatively rapid growth and planned future development in Orange County also contributes directly to such need. Three such corridors (Foothill, Eastern and San Joaquin Hills) are included on the Master Plan of Arterial Highways (MPAH), and are a component of the Transportation Element of the Orange County General Plan and the Transportation Elements of the General Plans of all city Parties within which such corridors have been planned to be located. Transportation corridors are depicted on the MPAH map as either conceptually proposed or established alignments. These facilities are part of a planned traffic circulation system necessary to support development of the County in accordance with existing General Plan Land Use Elements of the County and City Parties. These facilities will also relieve recurrent congestion on major arterials and freeways in Orange County. The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned as a high- speed, high capacity, access - controlled transportation facility to serve local and regional traffic and transit needs. Its alignment was established in 1979 as part of the MPAH and Transportation Element of the Orange County General Plan. That alignment includes the Corona Del Mar Freeway (Route 73) in the Cities of Costa Mesa, Newport Beach and Irvine and extends southeasterly approximately 15 miles to 223512_2.DOC join the San Diego Freeway (I -5) between Avery Parkway and Junipero Serra Road near the City of San Juan Capistrano (see Exhibit I). It will be designed to comport with scenic highway standards and provide approximately six to ten general purpose travel lanes, with a median of sufficient width to accommodate future high - occupancy vehicle (HOV) lanes and special transit facilities, if required in the future. The central segment of the corridor will carry the greatest amount of traffic because there are a limited number of alternative parallel highway facilities. Traffic volumes on the south end of the corridor are lowest along the route as a result of countywide traffic orientation, which is generally to the north. Access to the corridor will be limited to approximately 12 grade - separate interchanges with arterial highways as well as provisions for future additional interchanges with arterial highways plus provisions for future additional exclusive interchange ramps for HOV lanes. Additional bridges may be required as the corridors cross substantial canyons and water courses. The EASTERN TRANSPORTATION CORRIDOR is currently shown as a set of alternative preferred alignments and included in the Transportation Element of the Orange County General Plan. The preferred alternatives will be studied further as the environmental review process continues. The FOOTHILL TRANSPORTATION CORRIDOR is an established alignment between the Eastern Corridor and a point northerly of Ortega Highway and a conceptual alignment between that point and the San Diego Freeway (I -5). As depicted on Exhibit I, the Eastern Transportation Corridor will intersect the Riverside Freeway (Route 91) between Weir Canyon Road and Gypsum Canyon Road extending southeasterly approximately 13 miles to a point southerly of the Santa Ana Freeway (I -5) in the Cities of Tustin and Irvine. The Foothill Transportation Corridor will originate at the Eastern Corridor between Santiago Canyon Road and Irvine Boulevard and extend southeasterly approximately 32 miles to the San Diego Freeway (I -5) below San Clemente in San Diego County. It is anticipated the Eastern Corridor will be a landscaped, grade separated scenic corridor which includes approximately six general purpose travel lanes and the Foothill Corridor, a landscaped corridor which includes four to six general purpose travel lanes with medians or other areas wide enough to accommodate HOV /Special Transit requirements if necessary. Access to the corridor will be limited to grade - separated interchanges with arterial highways plus provisions for future exclusive interchange ramps for HOV lanes. III. CORRIDOR PLANNING The level of facility planned in this report will support currently adopted land use plans of the County and Cities surrounding the corridors. In the event the Cities and County subsequently amend their existing General Plan Land Uses Elements, particularly in areas serving the Foothill and Eastern Corridors, those facilities may require adjustments in lanes to accommodate that growth. It is intended that the fee adopted under this program will be reevaluated if an additional level facility is needed 223512_2.DOC to serve increased intensities planned in adopted land use Elements of their General Plan. In the event that such intensities are decreased, and reduction in the level of facility then is still feasible in view of rights of way then acquired, planning, design, engineering and construction then completed and financing commitments made, such fee also will be re- evaluated. The majority of the length of corridor alignments fall within relatively undeveloped areas of the County. Exceptions to this are either end of the San Joaquin Hills Transportation Corridor and the central segments of the Foothill/Eastem Transportation Corridors. Each corridor traverses areas of hilly terrain. A majority of the areas traversed by the corridors is zoned Planned Community with tentative tracts in various stages of approval. An alignment was selected by the Board of Supervisors for the San Joaquin Hills Transportation Corridor on November 28, 1979 and the northwesterly segment of the Foothill Corridor on May 25, 1983. More detailed engineering work is currently underway on the San Joaquin Hills Transportation Corridor to refine the selected alignment and determine right -of -way requirements. Similar detailed engineering is also in progress for the northwesterly segment of the Foothill Transportation Corridor. Alignment selection studies also are underway on the Eastern Corridor and the southerly end of the Foothill Corridor between about Oso Parkway and 1 -5. It is proposed that all corridors will eventually be added to the State Highway System. State legislation (AB 86) has been signed into law which redescribes State Route 73 (Corona Del Mar Freeway) to include the San Joaquin Hills Transportation Corridor. Legislation (SB 2048 and SB 2049), Chapters 1363 and 1364, respectively, of the Statutes of 1988 also have been enacted which designates the Eastern and Foothill Transportation Corridors as State Routes 231 and 241, respectively. IV. ESTIMATED COSTS The construction costs include estimates for all corridor grading and general travel lane improvements including bridges, structural section, interchanges, partial landscaping, and arterial highway realignments dictated by the corridor alignments. The cost of grading general High- Occupancy Vehicle (HOV) lanes is included but not the cost of HOV structural section, bridges, median barriers or special access ramps. It is intended that implementation of any transit guideway or HOV facilities, if needed, would be provided from other funding sources. Other costs included for both Corridors include engineering design, administration, construction inspection, right -of -way acquisition and some financing costs. It is proposed that developers will dedicate the majority of right -of -way for the transportation corridors. The cost estimate includes a cost for the portion of the right - of -way which would exceed a standard major arterial highway constructed along the corridor alignment excluding slope easements. The portion of right -of -way 223512_2DOC equivalent to a major arterial highway is excluded from the estimate to maintain a policy consistent with other arterial highway dedications. The cost of slope easements is excluded because of the wide variations between the natural terrain conditions and final development of adjacent lands, the inability to estimate the easement areas with certainty, and for consistency with existing arterial development policy. Right -of -way required to realign any intersecting arterial highway was also excluded from the cost estimate on the assumption that it will be dedicated in accordance with established development policy. The right -of -way to be included as part of the corridor cost was assumed to have a value of $50,000 /acre, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC) The originally estimated cost of constructing the SJHTC to the standard of improvement as described in the previous section was based on the following estimates prepared for the County during the Phase II SJHTC study work, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. TABLE IV -1 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST Construction: $259,736,000 Engineering & Admin.: 38,960,000 Contingencies: 25,974,000 Right Of Way (in excess of Major Arterial Hwy): 16,990,000 Total (for purposes of Fee Program): $341,660,000 As of December 1990, the remaining cost of constructing the SJHTC, exclusive of costs incurred to August 31, 1990, as estimated by Public Resources Advisory Group ( "PRAG ") and as set forth in the "Transportation Corridor Agencies Draft Final Report, Update of the Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills, Foothill and Eastern Transportation Corridors, December 5, 1990" (the "Deloitte Report") was $746,920,000. The Statement of Facts in Support of Findings of the Board of Directors of the San Joaquin Hills Transportation Corridor Agency Regarding "Resolution of the San Joaquin Hills Transportation Corridor Agency Approving an Annual Adjustment in the Area of Benefit Fees and Making Certain Findings Related to Annual Adjustment of the Area of Benefit Fees (S97 -05)" (the "1997 SJHTCA 223512_2.DOC Findings ") provides updated estimated cost information for constructing the SJHTC, as of June, 1997. B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS (F/ETC) The cost for constructing the Foothill/Eastern Transportation Corridors was originally estimated from information obtained from the Weir Canyon Park Road Study dated October, 1982, the Foothill Transportation Corridor Route Location Study dated December, 1982, and projection of costs from the San Joaquin Hills Transportation Corridor. Unit prices used in the cost estimates are considered to adequately estimate the cost in 1984 dollars. The original estimated costs, to be adjusted by the Agency in accordance with the California. Construction Cost Index, are as follows: TABLE IV -2 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS COST The Statement of Facts in Support of Findings of the Board of Directors of the Foothill/Eastem Transportation Corridor Agency Regarding "Resolution of the Foothill/Eastern Transportation Corridor Agency Approving an Annual Adjustment in the Area of Benefit Fees and Making Certain Findings Relating to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997 F /ETCA Findings ") provides updated estimated cost information for construction the F/ETC, as of June, 1997. 223512_2.DOC Foothill Eastern Total Construction: $233,557,000 $143,526,000 $377,083,000 Eng. & Admin.: 35,033,000 21,528,500 56,561,500 Contingencies: 35,033,000 21,528,500 56,561,500 Right Of Way (in excess of Major Art. Hwy.): 14,151,000 11,790,000 25,941,000 Total (for purposes of Fee Program): $317,774,000 $198,373,000 $516,147,000 As of December 1990, as set forth in the Deloitte Report, PRAG estimated the remaining cost of constructing the F/ETC, exclusive of costs incurred to August 31, 1990, to be $1,699,240. The Statement of Facts in Support of Findings of the Board of Directors of the Foothill/Eastem Transportation Corridor Agency Regarding "Resolution of the Foothill/Eastern Transportation Corridor Agency Approving an Annual Adjustment in the Area of Benefit Fees and Making Certain Findings Relating to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997 F /ETCA Findings ") provides updated estimated cost information for construction the F/ETC, as of June, 1997. 223512_2.DOC V. OVERALL FINANCING The Board of Supervisors has established a transportation corridor development policy (Exhibit II), also implemented by the Agency and all of its Parties, which defines the corridor implementation obligations of land development projects, and as noted in Section I of this report has indicated its general intent to require all new development to bear a portion of the costs of the corridors by payment of development fees (Major Thoroughfare Fee). Funds from other more traditional sources (e.g., existing state and federal taxes on motor vehicle fuel) and from other non - traditional sources (e.g., toll revenues) will be sought for the portion of the cost not funded by development fees. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to, correspond with the route of San Joaquin Hills Transportation Corridor. Similar legislation has been approved by the Legislature (SB 2048 and SB 2049) and is pending signature by the Governor to place the Foothill/Eastern Corridors in the State Highway System. The San Joaquin Hills Transportation Corridor also has been designated as the "first phase" of a federal pilot project authorized by HR2, Surface Transportation Act of 1986, thereby making it eligible for a maximum of 35% federal funding, if approved by the California Transportation Commission in its State Transportation Improvement Program (SUP). This Major Thoroughfare & Bridge Fee Program focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. The statutes identified in Section I of this report which authorize the collection of development fees specify that an Area of Benefit (AOB) shall be established which encompasses real property, which will benefit from construction of the major thoroughfares and bridges. The method of determining the AOB and the share of total corridor costs proposed to be paid by new development in the form of fees is explained in Sections VI and VIII of this report. The originally estimated corridor costs, subject to adjustment as previously stated, and the portions allocated to new development through the Major Thoroughfare and Bridge (MT &B) fee program are: New Development Approximate Total Cost Share of Cost % San Joaquin Hills: $341,660,000 $165,500,104 48.4% 223512_2.DOC 10 Foothill/Eastern: $516,147,000 $250,228,066 48.5% As of December 1990, estimated corridor costs, subject to adjustment as previously stated, and the portion allocated to new development through the MT &B fee program were: New Development Fees Fees Approximate Collected to be Total Cost Share of Cost % to 8/31/90 Collected San Joaquin Hills: $ 746,920,000 $ 361,810 48.44 $39,510,000 $322,300,000 Foothill/Eastern: $1,699,240,000 $828,790,000 48.48 $74,160,000 $749,630,000 The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts related to the estimated corridor costs and the portion allocated to new development through the MT &B fee program, updated as of June, 1997. In accordance with current Agency policy, new developments within the path of the transportation corridors will be conditioned to dedicate right -of -way and grade the corridor within the boundaries of the development, construct arterial overcrossings for internal arterial highways and construct corridor travel lanes and interchange ramps required immediately for access to the development or for closure of short gaps in the transportation system. The estimated cost of these improvements including the estimated value of R/W dedication in excess of that required for a standard major arterial highway (excluding slope easements) will be considered as a credit against the required MT &B fees to the extent that these costs are included in the fee program. VL AREA OF BENEFIT In order to establish a MT &B fee program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits or recordation of final maps to defray the cost of the major thoroughfares and bridges. Construction of the transportation corridors will provide key facilities to ensure that the County's transportation system is in balance with both existing and future land uses. The benefits, therefore, accrue not only to those properties which generate a high demand for use of the corridor but those which will benefit from less congestion and delay on the arterial highway and freeway system serving the property. Implementation of a balanced transportation system, including the corridors, will, furthermore, benefit undeveloped properties by allowing approval of land use to the level in County and City General Plans. It is clear that both existing developed properties and undeveloped properties will benefit from construction of the transportation corridors. Development fees are 2235I2_2.DOC proposed to finance a portion of the corridors proportional to the traffic demands, measured in trip ends, created by new growth. The portion of cost based upon existing trip ends represents the benefit to developed properties. Revenue for the cost allocated to existing development will be provided form public finding sources identified in Section V, "Overall Financing," of this report and, therefore, will not be assessed to individual properties. The methodology used to determine the AOB consisted of determining the influence the corridor had on trips made within the County. The analysis was conducted with a system of computer programs known as UTPS" (Urban Transportation Planning Systems). The computer programs were tailored for specific Orange County application and are commonly known as the SOCCS2 travel demand model. The model subdivides Orange County and portions of adjacent Los Angeles County into more than 500 traffic analysis zones (TAZ). The model estimates the number of person trips each TAZ generates based on socioeconomic variables such as population, employment, income and number of housing units. These trips are then distributed from each zone to all other zones by a well - established procedure. The model then determines how many of these person trips will travel by auto, and finally assigns these auto trips onto a highway network. The socioeconomic data used in the AOB analysis is from the San Joaquin Hills Transportation Corridor Study and the Foothill Transportation Corridor Study. Using the trip - making data described above, a select link analysis (program UROAD ") was performed to determine the number of corridor related trip ends which originate in, or are destined for, each traffic analysis zone (TAZ). These corridor TAZ trip ends were used in conjunction with the total TAZ trip ends (arterial highways plus corridor) to compute the percentage of trip ends by TAZ which use the corridor. The resulting percentages were posted on TAZ maps in 2% increments (Exhibits III and IV). The influence area for each of the corridors is quite pronounced at the 4% and greater trip use level as shown on the exhibits. The pattern of corridor usage becomes erratic below the 4% level. The determination of the AOB for each of the transportation corridors was based primarily on the above corridor influence areas. However, the following additional 1 % UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel demand. 2 South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by EMA /Transportation Planning Division. 3' UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment and analysis program. 223512_2.DOC 12 criteria were used to supplement the percent of corridor use data to analyze relative benefits: 1. Corridor trip ends exceed 1.75 trip ends per gross acre of the TAZ. 2. Total corridor trip ends per TAZ exceed 2,000. 3. Trip end growth within each TAZ exceeds 45 %. 4. Perceived direct and indirect benefits to the transportation system. Identifiable physical and planned features closely approximating the pattern of corridor usage were used to describe the boundaries of the benefit areas. Within each Area of Benefit, some lands were judged to receive more benefit than others from the construction of the corridors. Developments which create relatively high demands for use of the corridors were placed in a different fee zone within the Area of Benefit than other developments with less direct use. The boundaries between the fee zones were determined utilizing the TAZ data on Exhibits III and IV. Traffic analysis zones where the percentage of corridor trip ends equals or exceeds 8% were defined as Zone A. Traffic analysis zones with less than 8% use were defined as Zone B. Zone A and B are depicted on Exhibit I. VII. DESCRIPTION OF AREA OF BENEFIT (AOB) The AOB's for the San Joaquin Hills and the combined Foothill/Eastern Corridors include both incorporated and unincorporated territory and generally encompass the southeasterly half of Orange County as illustrated on Exhibit I. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR A more detailed map of the San Joaquin Hills Transportation Corridor AOB is shown on Exhibit V. This AOB contains approximately 122 square miles. All or portions of the following cities are within this AOB: TABLE VII -1 SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION City Costa Mesa Dana Point Irvine Laguna Beach Laguna Hills Laguna Niguel Mission Viejo 223512_2.DOC 13 Area Included in AOB 3.2 sq. miles 22.2 5.6 Newport Beach 8.3 San Clemente 3.8 San Juan Capistrano 8.2 Santa Ana 2.8 City Subtotal 54.1 Unincorporated Territory 68.3 ** Total 122.4 sq. miles * Included in the "Unincorporated Territory" area. * * Including the area within the new incorporated Cities of Mission Viejo, Dana Point, Laguna Hills and Laguna Niguel The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of the City of Newport Beach of the Pacific Ocean; thence along said external boundary defined by annexation nos. 843, 64, 897, 84 and 585 to its intersection with an extension of Fifth Avenue; thence northwesterly along said extension to Fifth Avenue; thence northwesterly along the centerline of said Fifth Avenue to Coast Highway; thence northwesterly along the centerline of said Coast Highway to the crossing of the Upper Newport Bay; thence along a line northerly through said Upper Newport Bay to the point where the Santa Ana -Delhi Channel (Facility FO 1) enters said Upper Newport Bay; thence along the centerline of Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence westerly along the centerline of said University Drive to Santa Ana Avenue; thence northerly along the centerline of said Santa Ana Avenue to Corona Del Mar Freeway (State Route 73); thence northwesterly along the centerline of said Corona Del Mar Freeway to the San Diego Freeway (Interstate Route 405); thence westerly along the centerline of said San Diego Freeway to Harbor Blvd.; thence northerly along the centerline of said Harbor Blvd. to MacArthur Blvd.; thence easterly along the centerline of said MacArthur Blvd. to Main Street; thence northerly along the centerline of said Main Street to Dyer Road; thence easterly along the centerline of said Dyer Road to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Edinger Avenue; thence easterly along the centerline of said Edinger Avenue to the Newport-Costa Mesa Freeway (State Route 55); thence southeasterly along the centerline of said Newport-Costa Mesa Freeway to Warner Avenue; thence southeasterly along the centerline of said Warner Avenue to Red Hill Avenue; thence southwesterly along the centerline of said Red Hill Avenue to Alton Avenue; thence northwesterly along the centerline of said Alton Avenue to Newport-Costa Mesa Freeway; thence southwesterly along the centerline of said Newport-Costa Mesa Freeway to the San Diego Freeway (Interstate 405); thence southeasterly along the centerline of said Interstate 405 to Interstate 5; thence southerly along the centerline of said 223512_2.DOC 14 Interstate 5 to its intersection with the prolongation of the southerly boundary of Rancho Mission Viejo (approximately at Via Escolar); thence southeasterly along the Rancho Mission Viejo boundary line as described by Record of Survey 9/15- 18 to the easterly corner of Tract No. 6381; thence westerly along the southerly line of said Tract No. 6381 to the easterly boundary at Parcel Map No. 80 -851; thence southerly along said easterly boundary of Parcel Map No. 80 -851 to Rancho Viejo Road; thence southerly along the centerline of said Ranch Viejo Road to Ortega Highway; thence easterly along the centerline of said Ortega Highway to La Novia Avenue; thence southerly along the centerline of said La Novia Avenue and its proposed extension to Tentative Tract No. 11648; thence southerly along the easterly boundary of said Tentative Tract No. 11648 to the boundary of Tentative Tract No. 11832; thence southerly along the easterly boundary of said Tentative Tract No. 11832 to the northerly boundary of Tract No. 8087; thence easterly and southerly along the boundary of said Tract No. 8087 to the boundary of Tract No. 9784; thence easterly along the northerly boundary of said Tract No. 9784 and the prolongation of said boundary to the boundary of the City of San Juan Capistrano; thence southeasterly along said city external boundary defined by Incorporation boundaries of April 19, 1961 and annexation nos. 105 and 24 and deannexation per City resolution 62- 11 -12 -2 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the Orange /San Diego County line; and thence southerly along said County line to the Pacific Ocean. Zone A Zone A is bounded on the south by the Pacific Ocean and is described as follows: Beginning at the intersection of the total Area of Benefit westerly boundary with the Pacific Ocean; thence along said total Area of Benefit boundary to Marguerite Avenue; thence northerly along the centerline of said Marguerite Avenue to San Joaquin Hills Road; thence easterly along the centerline of said San Joaquin Hills Road to Spyglass Hill Road; thence northerly along the centerline of said Spyglass Hill Road to San Miguel Drive; thence northerly along the centerline of said San Miguel Drive to Ford Road; thence northeasterly along the centerline of said Ford Road and its proposed northeasterly extension as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984, to Bonita Canyon Road; thence easterly along the centerline of said Bonita Canyon Road to the proposed southerly extension of Sand Canyon Avenue as shown of said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Sand Canyon Avenue to the westerly extension of Bake Parkway as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of said Bake Parkway to Laguna Canyon Road; thence southerly along the centerline of said Laguna Canyon Road to the proposed westerly extension of Santa Maria Avenue as shown on said 223512_2.DOC 15 Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Santa Maria Avenue and Santa Maria Avenue to Moulton Parkway; thence southerly along the centerline of said Moulton Parkway; thence southerly along the centerline of said Moulton Parkway to El Toro Road, thence northeasterly along the centerline of said El Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said El Toro Road to Paseo de Valencia; thence southeasterly along the center line of said Paseo de Valencia and its easterly prolongation to intersect Interstate 5 which is also the easterly boundary of the total Area of Benefit; thence southerly along said easterly boundary of the total Area of Benefit boundary to where it again intersects Interstate 5 in the vicinity of Camino Las Ramblas; thence northerly along the centerline of said Interstate 5 to San Juan Creek Road; thence westerly along the centerline of said San Juan Creek Road to Camino Capistrano; thence northerly along the centerline of said Camino Capistrano to Del Obispo Street; thence westerly along the centerline of said Del Obispo Street to Alipaz Street; thence southerly along the centerline of said Alipaz Street to Camino Del Avion; thence westerly along the centerline of said Camino Del Avion and its proposed westerly prolongation as shown on said Master Plan of Arterial Highways, to Crown Valley Parkway; thence southerly along the centerline line of said Crown Valley Parkway to Monarch Bay Drive; thence southwesterly along Monarch Bay Drive and its southwesterly prolongation to the Pacific Ocean. Zone B Zone B is described by the total San Joaquin Hills Area of Benefit excluding Zone A as described above. B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS A single Area of Benefit was selected for the combined Foothill and Eastern Transportation Corridors because of corridor usage patterns. A more detailed map of the Foothill/Eastern Corridors AOB is shown on Exhibit VI. This AOB contains approximately 291 square miles. All or portions of the following cites are included in the AOB: TABLE VII -2 FOOTHILL/EASTERN AOB BY LOCAL JURISDICTION City Anaheim Irvine Lake Forest Mission Viejo 223512_2.DOC 16 Included in AOB 14.1 sq. miles 18.9 Orange 10.6 San Clemente 13.5 San Juan Capistrano 5.0 Santa Ana 2.8 Tustin 11.1 Villa Park 2.1 Yorba Linda 17.7 City Subtotal 95.8 Unincorporated Territory 194.7 ** Total 290.5 sq. miles * Included within the "Unincorporated Territory" area. ** Including the area within the newly incorporated Cities of Mission Viejo and Lake Forest. The AOB is bounded generally by the northerly boundary of the San Joaquin Hills Transportation Corridor AOB from the San Diego County Line to the intersection of the San Diego Freeway (State Route 405) and the Newport-Costa Mesa Freeway (State Route 55); thence northeasterly along the centerline of State Route 55 to Alton Avenue; thence southeasterly along the centerline of said Alton Avenue to Red Hill Avenue; thence northeasterly along the centerline of said Red Hill Avenue to Warner Avenue; thence northeasterly along the centerline of said Warner Avenue to State Route 55; thence northeasterly along the centerline of said State Route 55 to Edinger Avenue; thence westerly along the centerline of said Edinger Avenue to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Seventeenth Street; thence easterly along the centerline of said Seventeenth Street to State Route 55; thence northerly along the centerline of said State Route 55 to the Riverside Freeway (State Route 91); thence northwesterly along the centerline of said State Route 91 to Tustin Avenue; thence northerly along the centerline of said Tustin Avenue to Jefferson Street; thence northerly along said Jefferson Street to the southerly city limits of Placentia; thence along the external boundary of said city limits defined by annexations nos. 69 -1, 76 -1, 71 -01, 65 -4, 63- 3,6401, 65 -7, 63-4,63-2, 64 -4, and 72 -2 to its intersection with Imperial Highway; Placentia to Imperial Highway; thence southwesterly along the centerline of said Imperial Highway to Valley View Avenue; thence northerly along the centerline of said Valley View Avenue and its prolongation to the southerly boundary of Chino Hills State Park; thence easterly along the southerly boundary of Chino Hills State Park to its intersection with the Orange /San Bernardino County line; thence southeasterly- along the Orange County line to the boundary of the San Joaquin Hills Transportation Corridor Area of Benefit. 223512_2.DOC 17 ZONE A Zone A begins at the Orange /San Bernardino County line where said County Line intersects the centerline of the proposed extension of La Palma Avenue as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984; thence westerly along the centerline of said proposed La Palma Avenue to the proposed extension of Gypsum Canyon Road as shown in said Master Plan of Arterial Highways; thence southerly along the centerline of said proposed Gypsum Canyon Road to the Riverside Freeway (State Route 91); thence westerly along the centerline of said State route 91 to the northwesterly prolongation of the easterly boundary of the Wallace Ranch as shown in Orange County Record of Survey 2 -5; thence southeasterly along said prolongation of the easterly boundary of the Wallace Ranch and continuing southeasterly along said easterly boundary to the northeasterly corner of the Oak Hills Ranch as shown in said Record of Survey 2 -5; thence southeasterly along the easterly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 and continuing southwesterly along the southerly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 to the proposed southerly extension of Weir Canyon Road as shown on said Master Plan of Arterial Highways; thence southerly along said Weir Canyon Road to the north boundary of Tentative Tract No. 13627 in the City of Tustin; thence southerly along the centerline of Jamboree Road within Tentative Tract No. 13627 to Tustin Ranch Road; thence southerly along the centerline of Tustin Ranch Road within the Tentative Tract No. 12870 to Irvine Boulevard, thence easterly along the centerline of said Irvine Boulevard to Sand Canyon Avenue; thence southerly along the centerline of said Sand Canyon Avenue to the proposed realignment of Trabuco Road as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of said proposed realignment of said Trabuco Road to the proposed northerly extension of Muirlands Boulevard; thence along said Muirlands Boulevard to the centerline of Alton Avenue, thence northerly along the centerline of said Alton Avenue to Jeronimo Road; thence easterly along the centerline of said Jeronimo Road to Bake Parkway; thence northerly along the centerline of said Bake Parkway to Trabuco Road; thence easterly along the centerline of said Trabuco Road to Impressa Street; thence northerly along the centerline of said Impressa Street to Santa Margarita Parkway; thence easterly along the centerline of said Santa Margarita Parkway to the Proposed Antonio Parkway as shown on said Master Plan of Arterial Highways; thence southerly along the centerline of said Antonio Parkway to Ortega Highway; thence southwesterly along the centerline of said Ortega Highway to the proposed easterly extension of Avery Parkway as shown on said Master Plan of Arterial Highways; thence westerly along the centerline of said proposed extension and Avery Parkway to the Santa Ana Freeway where it intersects the common boundary between the Foothill /Eastern and the San Joaquin Hills AOBs; thence southeasterly along said common AOB boundary to the Orange /San Diego 223512_2.DOC 18 County line; thence northerly along the Orange County line to where it intersects the centerline of the proposed La Palma Avenue as shown on said Master Plan of Arterial Highways. ZONE B Zone B is described by the total Foothill/Eastern Area of Benefit excluding Zone A as described above. VIII. FEES In order to establish a corridor fee, it is necessary to determine who is to pay the fee, the facility cost to be supported by fees and a basis or unit of measure for the fees. As has been previously stated, it is proposed that fees be paid by future development within the defined Areas of Benefit in reasonable proportion to the benefit derived. The corridor facilities will, of course, also benefit existing development within the Areas of Benefit. The share of corridor cost attributable to benefits derived by existing development is proposed to be funded from other sources. The following discussion describes the methodology used to arrive at the fee program's original fee amounts. As explained above, those amounts have been periodically reviewed and updated based upon revised data. A. Determination of Fee Program's Share of Corridor Cost The first step in calculating the fee program share of the corridor cost was to determine the percentage of corridor user trip ends that originate or end within the Area of Benefit which are attributable to new growth. Trip information derived from the SOCCS travel demand model was used for this analysis. This percentage was established as the developers share and multiplied by the total corridor cost to determine the fee program share of costs as shown in Table VIII -1. The fee program share of corridor cost was then separated into amounts representing direct and indirect benefits to the benefit zones (A & B Zones) based upon peak hour and non -peak hour travel characteristics. Approximately sixty -one percent 4 (61 %) of corridor trips are expected to occur during non- peak travel hours, thus representing a measure of the direct benefit from the corridors. Approximately thirty -nine percent e. of corridor trips are expected to occur during peak hours of travel, thus representing lessened congestion on the remaining transportation system. This system relief is defined as indirect benefit. 4; Caltrans, LARTS 1976 Urban Rural Survey. 5? ibid. 2235122.DOC 19 The direct and indirect factors were used to identify the relative benefits between the A and B zones. The portion of fee program share representing direct benefit was divided between the A and B zones based upon the percentage of corridor user trips due to growth within each zone. The portion of developers share representing indirect benefit was distributed between the A and B zones based upon the percentage of total trip ends on the transportation system within each zone. The fees for the A and B Zones, therefore, include a measure of both direct and indirect benefits received by each zone. Exhibits VII and VIII show the method in which these calculations were made. The fee program share of the original estimate of Corridor Cost shown below represents an estimate of the share attributable to new development. It is expected that this share may change as future revisions are made to the fees. (As of January, 1991, shares were 48.44% for the SJHTC, and 48.48% for the F/ETC. The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts related to the estimated corridor costs and the portion allocated to new development through the MT &B fee program, updated as of June, 1997.) 223512_2.DOC 20 SJHTC F /ETC TABLE VIII -1 FEE PROGRAM SHARE OF CORRIDOR COST Total Corridor Cost ($) Developers Share ( %) Share ($) Zone A 28.6% $97,856,775 Zone B 19.8% $67,643,330 Total $341,660,000 48.4% $165,500,105 Zone A 25.8% $133,096,099 Zone B 22.7% $117,131,975 Total $516,147,000 48.5% $250,228,066 B. Determination of Base Fee The cost attributable to future development must be reduced to a fee so that it may be apportioned in an equitable manner to specific types of development. Allocation of the cost on the basis of trip end generation by general land use category is proposed, where: cost apportioned to future development in the AOB zone = cost/trip end trip end growth in the AOB zone SJHTC F /ETC Zone A $97,856,774 = $74 /TE $133,096,091 = $80/TE 1,321,160 1,665,922 Zone B $67,643,330 = $46/TE $117,131,975 = $43 /TE 1,462,093 2,730,730 The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used in the calculation were derived from the EMA Trip Generation Rates, shown in Exhibit XI. The projected growth in dwelling units was taken from the respective San Joaquin 223512_2.DOC 21 Hills and Foothill Transportation Corridor studies. Projected growth in industrial /commercial floor space was generated from MMTS II e employment projections. C. FEE DISTRIBUTION Various land uses within the Area of Benefit have been grouped into three major categories for the purposes of distributing fees to individual developments. The three general categories used include residential single - family dwelling units, residential multi -unit dwellings, and non - residential land uses. The trip ends calculated for the non - residential land use category were a summation of more specific non - residential categories such as manufacturing, retail regional, neighborhood/community commercial, and office uses. The trip generation rates used to calculate the trip ends for each of these more specific non - residential land uses were averages of rates shown in Exhibit XI. Prior to the summation of the trip ends from each of the more specific non- residential land uses, an adjustment was made to the projected trip ends for neighborhood/community commercial land uses. This adjustment was an attempt to reflect the benefits to residential land uses which accrue from construction of neighborhood/community commercial development. Neighborhood/community commercial primarily benefits local residents by providing an opportunity to shop close to home. Many of the trip ends typically assigned to local retail uses are accounted for by these short trips arriving from and returning to residences. These residential- related trip ends actually provide savings in travel cost due to the short nature of the trip. Additionally, neighborhood/community commercial development tends to reduce energy consumption and traffic impacts. Residential land uses receive sufficient benefit from construction of neighborhood/community commercial development to distribute a portion of the trip ends attributable to neighborhood/community commercial development to residential land uses. For this reason, 60% of the trip ends attributable to neighborhood/community commercial development were reassigned to single family residential and multi -unit residential land uses as a measure of this increased benefit. The reassigned trip ends were split between single family and multi -unit residential land uses based upon their respective trip ends due to growth. The adjusted trip ends are as follows: &i Employment projections adopted by the Orange County Transportation Commission. 223512_2.DOC 22 TABLE VIII -2 ADJUSTED AOB TRIP ENDS Land Use Category Zone A Generated Adjusted Trip Ends Trip Ends SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Single Family Residential Units 379,452 557,635 Multi -Unit Residential Unit 193,956 285,053 Neighborhood/Community Coml 448,800 179,520 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Zone B Generated Adjusted Trip Ends Trip Ends 139,368 254,936 240,723 440,312 525,262 210,105 Single Family Residential 666,024 897,960 643,812 1,143,880 Multi -Unit Residential Units 160,377 216,238 248,906 442,221 Neighborhood/Community Coml 479,662 191,865 1,155,638 462,255 Once this adjustment was made, the fee program share of the total corridor cost for each of the three generalized land use categories was determined. The single - family residential and multi -unit residential share of the corridor cost was calculated first by multiplying the adjusted trip ends shown above by the appropriate cost per trip end as developed in Exhibits IX and X. The non- residential share of the corridor cost was calculated by using the difference between the total fee program share and the total residential share of the corridor cost. The fee program share of corridor cost by generalized categories is: 223512_2.DOC 23 TABLE VIII -3 FEE PROGRAM SHARE BY LAND USE CATEGORY Single Family Multi -Unit Total Developer's Residential Residential Non - Residential Share SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A $41,264,990 $21,093,922 $35,497,862 $ 97,856,774 Zone B $11,727,056 $20,254,352 $35,611,922 $ 67,643,330 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Zone $71,836,800 $17,299,040 $43,960,251 $133,096,091 Zone $49,186,840 $19,015,503 $48,929,632 $117,131,975 Once the fee program share of corridor cost by the three generalized land use categories was determined, a fee for each of these categories was determined by dividing each share by the appropriate number of residential units or areas of buildings, shown in Exhibits IX and X. Following is the final fee calculation for each of the three general land use categories for both A and B fee zones. 223512_2.DOC 24 TABLE VIII -4 AREA OF BENEFIT FEES Current Fee* Original (As of Land Use Original Fee Calculation Original Fee Rounded Fee 6/12/97) * The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.667% without further action by the Board. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A Single - Family $41,264,990 +31,621 units $1,305 /unit $1,305 /unit $3,133 /unit Multi -unit $21,093,922 +27,708 units $761 /unit- $760 /unit $1,824 /unit Non - residential $35,497,862 + 20,021,185 sf $1.77 /sf $1.75/sf $4.20 /sf Zone B Single Family $11,727,056 +11,614 units $1,010 /unit $1,010 /unit $2,426 /unit Multi -unit $20,254,352 +34,389 units $589 /unit $590 /unit $1,416 /unit Non - residential $35,661,922 + 27,700,559 sf $1.29 /sf $1.30 /sf $3.1Lsf Current Fee ** (As of Land Use Fee Calculation Original Fee Rounded Fee 6/12/97) "The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.206% without further action by the Board. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Zone A Single- Family $71,836,800 +55,502 units $1,294 /unit $1,295 /unit $3,673 /unit Multi -unit $17,299,040 +22,911 units $755 /unit $755 /unit $2,144 /unit Non - residential $43,960,251 + 24,231,767 sf $1.81 /sf $1.80 /sf $5.10 /sf Zone B Single Family $49,186,840 +53,651 units $917 /unit $920 /unit $2,612 /unit Multi -unit $19,015,503 +35,558 units $535 /unit $535 /unit $1,520 /unit Non- residential $48,929,632+ 46,616,669 fees $1.05 /sf $1.05 /sf $2.96/sf 223512_2.DOC 25 D. APPLICATION OF FEES When development fees are collected at the time of building permit issuance, the number of residential units or area of non - residential buildings will be known. The fees for each development will simply be calculated by multiplying the number of residential units or gross floor area of non- residential buildings times the appropriate land use category and the fee zone. Gross floor area shall be defined as total floor area including each floor of multiple story buildings within the outer footprint of the building as described on the building permit. Adjustments will not be made to traffic generation rates to reflect anomalies due to project design or other conditions. All land uses will be determined to be within the most appropriate of the three general land use categories. In the event an existing non - residential building is proposed to be expanded, the fee will be determined by the net increase of building area. If a non - residential building is converted to another non - residential use with no net increase in building area, no fees shall be required. Parking structures shall also be exempt from payment of fees since they do not generate a vehicular attraction in and of themselves. The following categories which receive exemptions from payment of property taxes will also be generally exempt from paying transportation corridor fees: (1) Church; (2) Religious; (3) College; (4) Welfare; (5) Wholly Exempt; (6) Other. The final determination of whether a property is exempt will be based upon verification of a property tax exemption for those specified categories on the latest Assessor's roll as define for Orange County by the State of California. Government -owned facilities or utilities shall be exempt from payment of fees to the extent that the facilities will not be used for generating revenue or commercial purposes. Examples of exempt public uses are city halls, park buildings, and other public buildings. Privately owned utilities will not be exempt from payment of corridor fees. Notwithstanding property tax exemptions, governmental -owned or constructed facilities (including but not limited to counties, cities and redevelopment agencies) which will generate revenue or be leased for commercial purposes shall pay fees in accordance with the established fee schedules. Examples of this include the revenue generating portions of airports, train stations, stadiums, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the event construction of these facilities is an expansion of an existing use, the fee shall be determined based upon the net increase of building area. 223512_2.DOC 26 All disputes over application of fees to specific projects or disputes over exemptions of projects from fee requirements shall be presented to the Joint Powers Agency described in Section XIII of this report for resolution. Examples of fee calculations: 1. The fee for a development consisting of 100 single - family detached units, 300 condo units and 25,000 s.f. of office and Neighborhood Shopping Center uses, calculated upon original rates, would be: San Joaquin Hills AOB (Zone A): (100 D.U. x $1305/D.U.) _ $130,500 (300 D.U. x $760/D.U.) _ $228,000 (25,000 S.F. x $1.75 S.F.) _ $ 43,750 Total fee for development if located in Zone A of SJHTC AOB = $402,250 Foothill/Eastern AOB (Zone B): (100 D.U. x 920/D.U.) _ $ 92,000 (300 D.U. x $535/D.U.) _ $160,500 (25,000 S.F. x $1.05 /S.F.) _ $ 26,250 Total fee for development if located in Zone B of Foothill/Eastern AOB = $278,750 2. Total fee for reconstruction of a 10,000 s.f. office building to a 15,000 s.f. Neighborhood Shopping Center would be calculated as follows: San Joaquin Hills AOB (Zone B): (5,000 s.f. x $1.30 /s.f.) Total fee for development if located in Zone A of SJHTC AOB = Foothill /Eastern AOB (Zone A): (5,000 s.f. x $1.80 /s.f.) Total fee for development if located in Zone A of Foothill/Eastem AOB = 223512_2.DOC 27 $ 6,500 $ 6,500 $ 9,000 $ 9,000 IX. DEFERRAL OF FEES Fees may be deferred by the Parties for residential multi -unit rental projects or projects which include State or Federal requirements to provide units affordable to families with incomes less than 80% of the median income (Section VIII housing). The deferral may be for a period of five years from the issuance of building permits or the period of the State/Federal funding requirements beginning upon issuance of the first building permit. The fees to be paid shall be those in effect at the time of payment and shall be secured by an agreement and renewable letter of credit held by an escrow company, or cash or time certificate of deposit in the amount of fees plus IS percent in anticipation of inflationary increases. X. CRITERIA FOR COLLECTION OF FEES The enabling ordinance provides for collection of fees as a condition of final map approval or issuance of building permits. Fees shall be collected prior to issuance of all building permits for new residential structures and commercial /industrial structures which establish new and enlarged floor space. Fees will not be required for remodeling or reconstructing existing structures to the same number of residential dwelling units or equal commercial building area. Fees will not be required for construction of retaining walls, patio covers, swimming pools or other non- inhabitable residential structures. XI. DEVELOPMENT EXACTIONS & CREDITS Development projects containing portions of transportation corridors within their boundaries shall be required by condition of approval of the Cities or County Parties to accomplish the following: 1. Dedicate right -of -way in accordance with schematic plans approved by the applicable Agency. 2. Grade corridor right -of -way in accordance with schematic plans approved by the applicable Agency and shown on the Tentative Tract Map and rough grading plans. 3. Construct arterial overcrossings for internal arterials as determined by the applicable Agency. Width of overcrossing structure (i.e., number of travel lanes) is to be determined based upon vehicular and pedestrian traffic generated by the proposed project. 4. Construct corridor travel lanes and interchange ramps required immediately for access to proposed development or system continuity (closure or short gaps) in accordance with the corridor construction phasing plan adopted by 223512_2.DOC 28 223512_2.DOC the applicable Agency, or as otherwise approved by the applicable Agency. Number of lanes required is to be based upon traffic generated by proposed project. Participate, among other designated beneficiaries, in the San Joaquin Hills or Foothill /Eastern Transportation Corridor fee program. Subdivision in which right -of -way, grading and improvements are required for the transportation corridors will be eligible for credit toward payment of the MT &B fees to the extent that the costs were included in development of the fee program. Except when otherwise provided by an agreement entered into by a Party prior to the effective date of this First Amended and Restated Agreement, whenever subdivision approvals are conditioned upon requirements to grade or improve portions of transportation corridors or dedicate right -of -way in excess of Major Arterial Highway Standards, and these costs exceed fees that would otherwise be due, the developer shall enter into an agreement with the applicable Agency and county or applicable city prior to recordation of final tract or parcel maps to identify the difference in the dollar amount between the estimated costs of the grading, improvements, and/or right -of -way, and the calculated fees. Such agreements will establish the amount of reimbursement for which the developer is entitled. A developer shall be entitled to reimbursement after acceptance of improvements by the applicable Agency to the extent major thoroughfare and bridge fees are available for reimbursement after satisfaction of all other obligations of the applicable Agency for which major thoroughfare and bridge fees are required. Satisfaction of such reimbursement obligations, however, in the event funds used to construct corridor facilities in excess of fee obligations are derived from Assessment District or Mello -Roos Community Facilities District bonds shall be made to such districts in a manner which will reduce the amount of such bonds in proportion to the reimbursement payment made by Agency. Except for the initial issuance and sale of bonds by Agency, repayment of all existing reimbursement agreement obligations by Agency shall be funded by any subsequent bond issue and satisfied upon receipt of bond proceeds. If the estimated costs of the grading, improvements, and/or excess right of way are less than the calculated fee, a developer may relinquish credits in lieu of paying fees until credits are fully utilized with the remainder of the fee to be collected prior to issuance of building permits. In the event a development not requiring subdivision is conditioned to construct or grade portions of the transportation corridors or dedicate right -of -way, reimbursement agreements shall be executed prior to issuance of any building permits within the project boundaries. Developers will be allowed to apply credits eared on one project to another project within the same Area of Benefit owned by the same developer. In the event title to the land of a project changes, credits can be transferred to another developer with the 29 title to the land upon written notification to the appropriate legislative body and applicable Agency that is a party to the reimbursement agreement. Credits will otherwise be non- transferable from one developer to another. Credits can be used for the purpose of reducing fees prior to completion and acceptance of grading, improvements or right -of -way dedication. However, except as otherwise provided herein, no reimbursements shall be made until all grading, improvements or dedication are completed and accepted by the Agency and funds are available for reimbursement as determined by the Agency. The guidelines for determination of fee credits are as follows: General Credit for right -of -way dedication, grading, and other improvements will only be given to the extent that the cost of such right -of -way or improvements are included in the calculation of fees in the Major Thoroughfare and Bridge Fee Program. 2. Right -of -Way Credit will be given for right -of -way dedication at the rate of $50,000 per acre, adjusted as hereinafter provided. As of June 12, 1997, the fee credit rate is $61,981 per acre for the SJHTC, and $58,262 per acre for the F/ETC, except for slope easements and a 120 - foot -wide strip along centerline of the transportation corridor which would normally be required for arterial highway dedication (the "Creditable Acreage "). Beginning July 1, 1998, and annually thereafter, the foregoing fee credit rate for the SJHTC shall be increased by 2.667 %, and the foregoing fee credit rate for the F /ETC shall be increased by 2.206 %, without further actions by the Boards. Additional credit will be given for the Creditable Acreage in the amount of the difference from time to time existing between $75,000 and the then existing fee credit rates ( "Supplemental Credit'). Notwithstanding the foregoing, Supplemental Credits may not be used by developers to offset Development Fees until such time as the completed Corridor is opened to traffic, and all rights to reimbursement arising out of Supplemental Credits shall be subordinate to the liens of any holders of bonds issued by the TCA. Beginning on the date the entire Corridor is opened to traffic, interest on the value of the Supplemental Credits shall be calculated at the co- mingled rate earned by the Orange County Treasurer on general funds. Grading Credit will be given for earthwork, road and slope drainage, buttressing, stabilization, hydroseeding and erosion control within the right -of -way (hinge point to hinge point) excluding slope and drainage easements in an amount to be 223512_2.DOC 30 determined on a case by case basis according to current design and grading plans. 4. Drainage Credit will be given for drainage structures in accordance with lengths of pipe and unit prices estimated as costs in the fee program or for as -built structures which the Director, EMA or his designee determine are reasonable equivalents of the structures in the fee program cost estimate. Unit prices for as -built drainage structures in the fee program cost estimate. Unit prices for as -built drainage structures will be those used in the latest fee program cost estimate. Engineering and administration credit of 15% of the drainage structure credit will be added. Contingency credit of 10% of the drainage structure credit will be added. Terrace drains, downdrains and temporary drainage facilities or erosion control facilities are included in the average unit cost of grading. 5. Other Improvements Credit will be given for other improvements at the rate at which the improvement was estimated in the fee program plus 15% for engineering and administration plus 10% for contingencies. The credit rates specified above will be revised whenever the corridor costs estimates are revised for the purpose of adjusting fees. Once fee credits are established by an executed reimbursement agreement, no further adjustments will be made to those credits because of revisions to the corridor cost estimates or fee adjustments. XII. ANNUAL FEE ADJUSTMENT It is intended that annually the fee programs be automatically adjusted by the Agencies as provided above, and further adjusted by the Agencies to reflect updated project cost estimates, substantial changes in general plan land use elements, or other pertinent information. In the event an annual evaluation of the fee programs causes fees to be reduced for any reason, reimbursements will not be considered for fees already paid. XHI. JOINT POWERS AGENCIES There are seventeen different cities within the proposed Areas of Benefit for the Foothill/Eastern and San Joaquin Hills Transportation Corridors. Joint Powers Agencies ( "Agencies ") consisting of City and County Parties have been formed for the purposes of planning, designing, financing and constructing the San Joaquin Hills and Foothill and Eastern Transportation Corridors. Fees collected by such Cities and 223512_2.DOC 31 the County will be deposited with the Agencies for such purposes. The Agencies will be responsible for administering fees collected under this fee program including any credits reimbursements called for in reimbursement agreements identified in Section XI of this report. 223512_2.DOC 32 � | |\_ � |� |I | || _| � §\ #'Q GA \iI 9 ^� ^�} f 2 � _ 33 EXHIBIT II RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 21, 1982 On motion of Supervisor Wieder, duly seconded and carried, the following Resolution was adopted: WHEREAS, development of lands is occurring which contributes directly to the need for transportation corridors; and WHEREAS, said development may obstruct future right-of-way- for the transportation corridors; and WHEREASt development benefitting from implementation of the transportation corridors should contribute toward the cost generaiig in proportion to the need generated; and WHEREAS, right- of-way for' the transportation should be pro' tectF as development occurs; and WHEREAS, grading should be accomplished, whenever possible, in conjunction with the grading and development of surrounding propert` and WHEREAS. implementation of. logical increments of the corridor should occur in conjunction with the land development process `+heael the transportation needs of that development require those :!aciliti, for access;-and WHEREAS, development policies for the implementation of thc: -transportation corridor will provide a basis for planning of future development and serve as notice to the public as to the future locations of the corridors; Resolution No. 82 -598 Transportation Corridors Development Policy 34 a 2 3 S 6 7 a 10 11 12 13 14 d. := YS ,1r 16 3c 17 Y is 19 2a 21 22 23 24 23 26 Z7 28 NOS,', TFi ciORE, BE IT RESOLVED th-t as a condition of abpro� . of subdivisions containing within their boundaries portions of transportation corridors shown on the Transportation Element of County General Plan the developer shall: 1. Dedicate right- of-way to County. 2. Grade corridor right -of -way in accordance with schematic plans approved :.on -the tentative map and rough grading Plans approl by the Director, BMA. 3. Construct arterial overcrossings for internal arterials. Width of overcrossing structure (i.e., number of travel lanes) is be deterxlm*d based upon vehicular and pedestrian traffic generat4 by the proposed project. 4. Construct corridor 'travel lanes and interchange ramps required isssediately for access to proposed development or system continuity (closure of short gaps). Number of lanes re it based upon traffic generated . by Proposed project. S. Participate, among other designated beneficiari as' ..ia aaro established corridor daval op=eat fee program. Costs incurred pur: tcL Conditions 2 through 4 shall be creditable against tees. :Costa incurred pursuant to Condition 1 shall be creditable against fees the extent that the develop -_t,t :et- program includes said right -o: I cost. BE IT FURTHER RESOLVED that Ei4A is hereby directed to amend appropriate sections of the Subdivision and Zoning Codes to impira this policy. BE IT FURTHER RESOLVED that EHA is hereby directed to incorpc in General Plan amendment elements, Zoning actions, area plans anc site Plans recommendations a f FPropriate for implementing this po1- 35 I' 2i 3� S� 6 7 • 9 to II 13' 13 If J � IS' V I6 i= 17 Y 181 19 20 aI bE IT iun:YVk RESOLVED that EKY1 is hereby directed to begin, analyzing potential areas of benefit as an adjunct to the Orange Co Orange County Transportation Commission Transportation Finance Stud, BE IT FURTHER RESOLVED that affected cities be requested to ade similar policies. DE IT FMTRER RESSOLVED that EMA is hereby directed to proceed expeditiously.vith the establishment of a fee program. SUPERYISORS Im—*.RIE'1T M. KIE=, RALPH B. CL SM&R x ARE, A1tD ROGEB' R NOES: SUPEP.YISOPS � SUFERYISORS BRt10E 3MSTMM X%M THO`MS F. RILET 22 STATE OF CALIFORNIA 23 COUNTY OF ORANGE 2! 1, JUNE ALEXANDER. Clerk Of the Board of Supervisors hereby certify that the above and foregoing Resotut o f Orar the said Board at a 23 19 92 and regular aeeti I thertof meld on the 21st d�� Passed by a tisanimous vote of said MF(E� 26 IN WITNESS WeER County, Cali plaHy adoot EDF ", - - - u+ xnril 19 e2 I Rave hereunto set spy hand ar+d meal this 21st day 28 t -'• nn za a Clerk af'tp�e�Boaed of Supervi<cer of Orange County C0ifomi4l 36 j ' , i.: �►. a.•r s •� Y !� � ��• • MM • d t r �. � �-�aS, e��F :�, T �- •� •'• . ��• � �• Y � Mi �. •��1 l P Cb Wb 1 I� H on P fxy`i IS s c �►�" ��wrr -- �!�lIDi7�l +; ME 4 DT20 -13 41 i . Outside Zone X Zone D AM corridor User xith oe or Both Znds 114 2024 Trips beginning and ending in gone 27e1C! 5,890 9,116 (trips due to growth) 2,047 9,811 22,195 (Total trips) in/Out Trips 40.145 25,834 49,798 (Trips due to growth) 78,f20 35,345 :9,894 (Total tripe) oct/in Trips 37,342 28,141 50,274 (Trips due to growth) 73,274 38,582 72,203 (Total trips) Trip Ind Analysis 171,725. 45,755 118,304 (Trip ends due to growth) 210,188 93,549 186,487 (Total trip sods) = (percent corridor due to growth) 1 0t i1.7 70.294 .3.4r 38 (percent °orribar users TZ bp''Zoni) 2 doe t,d 3 42.484 35.034 19.0E! 13.41% .c� 24.1_ (percent oocridoc users TZ growth) 1peroent Corridor TZ due to growth ` triP ends dde to growth Total Trip toils 2peroeat corrider users TS b7 2004 Total trip ex.ds per sons total trip wads S=matioa of 3percent corridor users TE due to growth - percent TL doe to growth s percent corridor users TZ by zone DT20 -13 41 i . HK v 14 M h H Mp �M C N il3 a eq X M O 42 w • L-. C s u s w V c s Od Y u u w w .a a L O F i t C w G = O H G • Y Y of o a, o O Y r P1 O Y a1 ! O M • Y N F F i P V *0 ~ w w w !. d a t 0 0 0 r •� O = 0-4 M r% .-I !q'r O o•• w r V H ! O O ! n! F F wF r a1 Y � h O F M a H w1 V 1p O _ w - .f N 4W 4W 4W Y V ! w ! C • V a\ on ! w ! w w w o 14 • - .. � w ! .� yi K • I. v o ■ y Y .: t• O • r� an L - w M ! O ! q O R p n in w ._ �• w o n v 4c; yy 0 0 0 v� v! Y Q y a O O_ O 4 w of a1 g w w o ■ ! 44 %0 z k O n F o • ^s F' M O O ► M ..4 K K KK Z 04 O .i O t.. w w w c n : o w. �• C; w 'o ion - o r .� .a r O s -0 in V K n a9 o n .i O an ! w w n .. .r y U 5 L y t O y �� AN . x. T K s w D v uP ■ s+ "� e • ` 44 C • OY O ! ! C C A oY Y h .4 O V • v y ` O y 'O O . .yy tj 14 ./ Y „C y iy . L on ti C Y Y . on mo« Y y p yp • Y V ei u 42 w • L-. C s u s w V c s Od Y u u w w .a a L O F i 1=I31T VIII Page 1 of 2 TLS Ps*a :i SHARE or TOTAL CORRIDOR COST roomiLL/L9LSTERN TRANSPORTATION CORRIDOR Trip sad Analysis (Trip ands.due to growth) 1",922 53,612 Outside (Total trip ands) Zone A Zone B ACS Corridor User Trips With One or troth Lnds In Zone ".Oat 72.86! 66.050 (Percent corridor users TE by Zonq)2 Trips beginning and ending in sons 19.64% 41.52 ' (Percent corridor users TE doe to growth) 3 (Trips due to growth) 27,!22 9,322 20,555 (Total trips) 21,200 11,657 37,307 In/Oat Trips 1larceat corridor TZ dns to" growth s trip ends due (Trips dun to growth) 681629 31,320 64,217 (Total trips) #0,7i3 46,004 t4, 512 Out/In Trips (Tripe doe to growth) 75,449 33,649 55,069 (Total trips) 99,923 45,760 79,696 Trip sad Analysis (Trip ands.due to growth) 1",922 53,612 160,396 (Total trip ands) 22C,966 2150078 242,822 (Percent Corridor TE dw to growth) 1 ".Oat 72.86! 66.050 (Percent corridor users TE by Zonq)2 38.1" 19.64% 41.52 ' (Percent corridor users TE doe to growth) 3 34.18% 14.301 27. 1larceat corridor TZ dns to" growth s trip ends due to growth Total Trip tads : 3Percent carridoc users It due to growth - Percent TE due to'growth x percent corridor usera TE by shoe D'r20 -19 43 �a G U w ■pK� 'L O [H K M p M W c � d c N • a d H w s Y Y O. t . f� • M v Y tl .d 1 �y M 1 4 C H s+ v M Y • o$ H 1 L Y .j A � Y O u Y s V • c s c p M h N m N n � w F V n O V V. ••1 . w •.1 N v •.4 in V w F y o w o V •i • e4 C3, O re ••4 M F O vt n. ._4 in w w w r N V F h � f r• w O • • • O • v = n n N F N F w � w w. F n o w O N V an .•1 Sri 1 w •i N n y o y F .n ei e o • e1 n f 4 f O e Y .0 ® t4 F f � •d F O� Lei o �n •�( O T yvo o N .•+ � rl t N n y o r- y 1 • .w • N O ^ N y N •n N n ■ O .-1 N M 1F 1 OP • •i rl N o w q V L r e ■ o O N w V on 4 an r} o Zo w x 4w w o gwa n n e t AA • s g T M w 1 0 C � C n w ■ V M u Q Q x u • v o x o y y • o o o wi n h � a v p . • s � ;r v • o e+ ! `� w 4W x .r Y bl ■ x w v c Y ■ 11 • • a < L w u oY • (J M e Y • -• S Y Ina Y u Y •c r y . up • Y C • ..• Hp F 44 t N n y o r- ■ 1 • .w • N O ^ N O ••t rl N •n N n o - .-1 N M 1F ■ • .y •-1 V . x ■ Y 1 C, o v o w q r e y h • Y an r} w x o e t AA T M w 1 0 C Z e C 0 ca u Q Q u • V O Y Y Y � E 0 � Y � a r Y N QI • oC M m N H w p � H � s HQU� V N 0 V P1 � n .4 • n O V r .-1 h n IN u u � gipp. C � Cl • • c. C u r-1 4 S 45 N hhF n om.-4 wN 0 n O N rrNOh V n.d .-1V.y ^ t1 O� V i n e•+ronnr .o o n V NO O . . wOh.JN V N n C> O N h N O n of Y K N w V eI at" N Y K K m o o fh in V .. i• N Y CI 00 p • .p V .y S00. -1 e N N 4h Co O V V wUf KKW Y 04 P P 49k hK oFn F OZ in P.lY V .! K Pf O PI .4 • . �L r.d 1. O u as w Y V P a M � M V HYY .... u a i pN VV e V L K a"..e ICOL At U a . L sk H � � . ., e. o b 43 = 8 V 4 taC7 N o w m O O W q 8 4 8 .1 H U F a R V O. .... ` QC 4 • q® G L 8 •p nQ Q! w C f F O L dic s' rn n i o� 7••.y. 0 C b C1l vY a. V iG 9••-w . • V rr • • • w O W �O Cu al t� p as ! • � . o�V =NCO E" on KCO H O 8 .., v • 45 t7 O M Ic K H at O d M M M •„�O nh h�l� N V h b e� e-1 In r1 h Yf1 h b N h O V 1 O� O �'f h h h V V 1 r H P f h V O w A V V r 1 • • s O.; ,: O n I in P l vo r. IV. rq V 10 P r= in I f 1 N N h WN O N aflN nh Ifl V r1 + +P1 V4hh P1 r h V V N •�1 ei r1 A H N ♦ • • A A r1 P V p( N P .1 ri N .J + O + •y .. M H.-1 •rhwr +f•O+NIn Nf�•y +YO n N O•( wPNVV w•VNP Or10w�.+ w on 4% .w. .t . „N O.; ,: O n I in P l vo r. IV. rq V 10 P r= in I f 1 N N p .a H N 6 Y g •A •-1 s 6L rl �1 A = u u �aiot” ..ge,wd 8`88'0 Y Kupl pal •'• = K K O H 46 V � � W •\x �1 • t1 t`,dai � C2 4n n o H p • V �° p � r H a+K pp N O 1 1 G Y sI L { { { V 4M 7C K K O w O v w O n .-1 M a p a H .-4 a L O H N_ s f W w k W .t ar .a O A O + � 4 a � C C a tl ' .dr ..0 .r v o 0 w N f` + w a} ■ t d N • 1 .I N 11 c w er .n o C V N p Y v r Y r r iQ C4 u o: Y a O s U Y a i 1 { y N q a h nIT Y Page 1 of 2 DAILT q CLE TRIP.GaWTATICN RATES ORANGE ODUNTY LNPIRDCiPQ'=&L HANAGEMMM AG nCy August 1992 The following is a listing of vehicle trip generation rates used for planning purposes by the Environmental Kanagtment Agency. These rates have betn compiled from a variety of sources, including County conducted studies, and ue deemed represtntative of land uses within Orange County. 'TL/Lsf• is an abbreviation for trip ends per thousand square feet of gross building floor area. •TE/Acre• refers to trip ends per developed acre. 47 Land Uae 2E/Laf SL/ACre TL/Other X KDUSTRrAL Light Industrial/Iadcutrial lark 13 176 Warehouse 5 92 9tTSIDf2iTI11I. - single racily Detached 12 a/Du Single racily Detached - Estate i5 TZ/Du Multiple Unit (lpartments, Condos) 7 TL/Du Mobile Noe 5 Tz/Du Retirement Community LOOGIHG 4 TE/Da iOtel - U. Tm/loon Hotel. Resort sotel mic Use) ,_ REC1RikTIOKKL 300 ! TE/kooa 1E SL/Rx^ Neighborhood Park 6 Regional Park 5 State Park 1 Karin 4 TE/Berth Beach 350 Tz/1000 • Golf Coarse 9 Can4round Tennis Club S >EJCampe 43 TE/Court Raquatball Club TKSTrrU IM 25 31 TT/Coart Ilementary School 47 1.0 TE/Studa Junior High School 40 0.9 TE/Stude, High School go 1.4 TE /Stude Junior College so 1.5 TE/Stu& Church — Weekday � go — 3un4ay 44 1.35 Library 42 310 47 EXHIBIT XI Page 2 of 2 Land Use TL/Lsf TEjA=a TErother MEDICAL Eospital is 200 14 TE/Bed Nursing Hoax 3 TE/Bed OrrICE General Office 15 240 Medical Office 75 PAssarch Center ' 10 40 RLT112I. Discount Store i5 Eardvare/Ecae IAproveseat 50 550 Shopping Center - Regional 50 500 ( 30 Acres) Shopping Center - Coesnaity 70 900 (10-30 Acres) Sbspping Center - Uaighborbood 135 1250 ( 10 -Acres) lestaurant - Quality (i.e., VeSret TUrtle, 110 lunSgry Tiger, etc.) lastayrant - Eigh Turnover Uar., lob''s, 350 Denny's, etc.) .Y*staarant - Teat rood (i.e., MacDoaald's, 500 Carl's Jr., etc.) Automobile Was 400 Service. Station 750 TE/Statioo Supc market 125 Convenience Xarkat (i.e., 7 -31, 550 Stop i Go, etc.) . SLRYIC!'S Sank - Walk In ] f0 Bank - Drive In 195 Savings and Loan - Walk In 65 Savings and Loan - Drive In 75 T.RS:dciDT20 -22 6/11/85 M ATTEST: CITY OF A TA A Clerk of the City of Santa Ana By: 3 ayor By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Tustin By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Yorba Linda By: Lm TO FORM: �<, 22 CITY OF TUSTIN By: Mayor CITY OF YORBA LINDA : Mayor ATTEST: CITY 0 S TA Clerk of the City of Santa Ana By: B Mayor • Dated: APPROVED AS TO FORM: By: — City Counsel ATTEST: Clerk of the City of Tustin By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Yorba Linda By: Dated: APPROVED AS TO FORM: By: City Counsel 22 CITY OF TUSTIN Mayor CITY OF YORBA LINDA By: Mayor SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY 222650_6.DOC 11119/02 1:26 PM ATTEST: Clerk of the City of Anaheim By: 1q Dated: APPROVED AS TO FORM: ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel 1V CITY NAHEIM By: or JW CITY OF DANA POINT By: Mayor CITY OF IRVINE .0 Mayor r MIckw Clerk of the City of Anaheim BY: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: cyz—� Dated: c V ' �/ o 3 APPROVED AS TO FORM: By: Yam a City ounsel ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel 1L] CITY OF ANAHEIM By: Mayor CITY OF DANA POINT By: ayoi CITY OF IRVINE By: Mayor ATTEST: Clerk of the City of Anaheim By: _ Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Irvine Y� D d: l— 7 —aBo 19 CITY OF ^kHEIM By: Mayor CITY OF DANA POINT By: CI1 M. Mayor ATTEST: Clerk of the ity o_f L e Forest By Dated: APPROVE' FORM: By: City Counsel ATTEST: CIT O LAKE FO By: Mayor CITY OF MISSION VIEJO Clerk of the City of Mission Viejo By: By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Orange BY: Dated: APPROVED AS TO FORM: I: City Counsel 20 Mayor CITY OF ORANGE Mayor 0 ATTEST: Clerk of the City of Lake Forest By: Dated: APPROVED AS TO FORM: I: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: — �- APPROVED AS TO FORM: By: I/r City Counsel ATTEST: Clerk of the City of Orange By: _ Dated: APPROVED AS TO FORM: LN City Counsel OU CITY OF LAKE FOREST Mayor CITY OF MISSION VIEJO By: Mayor CITY OF ORANGE : Mayor ATTEST: Clerk of the City of Lake Forest By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: IN City Counsel ATTEST: Clerk of the City of Orange By: LCct.Gt` Dated: 20 CITY OF LAKE FOREST IC Mayor CITY OF MISSION VIEJO In Mayor CITY OF OR4NGE {�t By: ayor ATTEST: Clerk of the City of Rancho Santa Margarita By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF RANCHO SANTA MARGARITA By: Mayor ATTEST: CITY Clerk of the City of San Clemente By: Dated: O;j APPROVED AS TO F By: - ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Counsel 21 o i \FEE 19AF� CITY OF SAN JUAN CAPISTRANO By-. Mayor 0 ATTEST: Clerk of the City of Rancho Santa Margarita By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City nf San Juan Capistrano By: V ` 0. ", � Da ed• I fit_ 1t L �, %ffi 3 t City TO FORM: 21 CITY OF RANCHO SANTA MARGARITA By: Mayor CITY OF SAN CLEMENTE By: Mayor 3 ATTEST: CIT Clerk of the City of Santa Ana By: By: vt e1 �n ATTEST: Clerk of the City of Tustin By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Yorba Linda By: Dated: APPROVED AS TO FORM: 6W City Counsel wj CITY OF TUSTIN : Mayor CITY OF YORBA LINDA : Mayor 0 ATTEST: Clerk of the City of Santa Ana By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Dated: Clerk of the City of Tustin APPROVED AS TO FORM: City r �r pig 1 CITY OF SANTA ANA Mayor CITY OF TUSTIIN / //1 ez c By: 2" 1 vh lo//� Mayor CITY OF YORBA LINDA Clerk of the City of Yorba Linda By: By: _ Dated: APPROVED AS TO FORM: La City Counsel 22 Mayor ATTEST: Clerk of the City of Santa Ana By: _ Dated: APPROVED AS TO FORM: R City Counsel ATTEST: Clerk of the City of Tustin By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Yorba Linda By: ` )'1'JL, Dated: %1 12j w d-J APPRO ED AS TO FORM: By: City Counsel 22 CITY OF SANTA ANA By: Mayor CITY OF TUSTIN By: Mayor CITY OF YORBA LINDA By: Mayor SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY 222650_6.DOC 11/19/02 1:26 PM TABLE OF CONTENTS Page RECITALS................................................................................................. ..............................1 I. DEFINITIONS ....................................................................................... ..............................3 II. PURPOSE AND POWERS ................................................................... ..............................4 2.1 Agency Created ................................................................................ ..............................4 2.2 Purpose of the Agreement; Common Powers to be Exercised ........ ..............................4 2.3 Powers .............................................................................................. ..............................5 111. ORGANIZATION ................................................................................. ..............................6 3.1 Membership ..................................................................................... .........................:....6 3.2 Board ................................................................................................ ..............................6 3.3 Principal Office ................................................................................ ..............................7 3.4 Meetings ........................................................................................... ..............................7 3.5 Quorum ............................................................................................ ..............................7 3.6 Powers and Limitations Thereon ..................................................... ..............................7 3.7 Minutes ............................................................................................ ..............................8 3.8 Rules ................................................................................................ ..............................8 3.9 Vote or Assent of Parties ................................................................. ..............................8 3.10 Officers ............................................................................................ ..............................8 3.11 Committees ...................................................................................... ..............................8 3.12 Additional Officers .......................................................................... ..............................9 3.13 Bonding Requirement ...................................................................... ..............................9 3.14 Status of Officers and Employees .................................................... ..............................9 IV. FEES ...................................................................................................... ..............................9 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties ................9 4.2 Annual Review of Fees ................................................................... .............................10 4.3 Payment ........................................................................................... .............................10 TABLE OF CONTENTS (cont'd) ii Page 4.4 Compensation of Agency for Acquisition of Rights -of- Way ........ ..............................1 I V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES................................................................................................. ........................:....11 5.1 Joint Action with Other Agencies ................................................... .............................11 5.2 Communications Between Corridor Agencies ............................... ..............................1 l 5.3 Lending and Borrowing Funds Between Agencies ........................ .............................12 VI. BUDGET AND DISBURSEMENTS ................................................... .............................12 6.1 Annual Budget ................................................................................ .............................12 6.2 Disbursements ................................................................................. ..........................:..12 6.3 Accounts ......................................................................................... .............................12 6.4 Expenditures Within Approval Annual Budget .............................. .............................12 6.5 Audit ............................................................................................... .............................13 VII. SECURITIES ........................................................................................ .............................13 7.1 Securities ......................................................................................... .............................13 VIII. LIABILITIES .......................................................................................... .............................13 8.1 Liabilities ........................................................................................ .............................13 8.2 Hold Harmless and Indemnify ........................................................ .............................13 IX. ADMISSION AND WITHDRAWAL OF PARTIES .......................... .............................14 9.1 Admission of New Parties .............................................................. .............................14 9.2 Withdrawal ...................................................................................... .............................14 X. TERMINATION AND DISPOSITION OF ASSETS .......................... .............................15 10.1 Termination ..................................................................................... .............................15 10.2 Distribution of Property and Funds ................................................. .............................15 XI. MISCELLANEOUS ............................................................................. .............................16 11.1 Amendments ................................................................................... .............................16 11.2 Notice .............................................................................................. .............................16 ii TABLE OF CONTENTS (cont'd) 11.3 Effective Date ............................... ............................... 11.4 Arbitration ..................................... ............................... 11.5 Partial Invalidity ............................ ............................... 11.6 Successors ..................................... ............................... 117 Assi nment Page .. .............................16 .. .............................16 .. .............................17 .. .............................17 g..................................................................................... .............................17 11.8 Execution ........................................................................................ .............................17 11.9 Third Party Beneficiary ................. ............................... iii .. .............................17 SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY THIS SECOND AMENDED AND RESTATED AGREEMENT is made and entered into, pursuant to Sections 11.1 and 11.3, by and among the following public agencies as of the day of , 200_1 the date on which ten or more of the following public agencies executed this Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency: a. County of Orange b. City of Anaheim C. City of Dana Point d. City of Irvine e. City of Lake Forest f. City of Mission Viejo g. City of Orange h. City of Rancho Santa Margarita i. City of San Clemente j. City of San Juan Capistrano k. City of Santa Ana 1. City of Tustin m. City of Yorba Linda RECITALS A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 664843 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The Parties to this Agreement have territorial jurisdiction within the Area of Benefit of the Foothill and Eastern Transportation Corridors, and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. The Parties hereto have the common power to conduct such transportation planning, financing and construction. C. It has been determined by the Parties hereto that it is in the best interests of the respective Parties to join together to administer the funds provided by these fee programs, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the Parties is authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Joint Powers Act "). With the adoption of Chapter 649, Statutes 1999, the California State Legislature amended the Joint Powers Act to authorize any joint powers authority formed pursuant to the Joint Powers Act to enter into an agreement with other "public agencies" (as defined in the Joint Powers Act) to jointly exercise any power common to the contracting Parties. E. The Parties have determined that is in their best interest to authorize the Agency formed pursuant to this Agreement to exercise the authority provided by the Joint Powers Act to enter into agreement with other pubic agencies for the purpose of jointly exercising any power common to the Agency and any other such public agencies. F. The Parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or controlled by the Parties hereto. G. The Parties hereto recognize that, in order to serve the purpose stated herein, additional funding other than that received -from the above - described fees must be obtained. Each Party has agreed to cooperate in obtaining additional financing, including; but not limited to, debt financing, assessment districts, special legislation, toll revenue financing, Arterial Highway Financing program funds and other forms of governmental grants -in -aid. H. The Parties hereto recognize that in accordance with the principals of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. I. It is anticipated by the Parties hereto that any major thoroughfares or bridges constructed pursuant to this Agreement shall comport with those standards for scenic highways set forth in Streets and Highways Code Section 261: NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: 2 DEFINITIONS 1.1 For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this Second Amended and Restated Joint Exercise of Powers Agreement, as amended from time to time. b. "Agency" means the FOOTHILL and EASTERN TRANSPORTATION CORRIDOR AGENCY. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board Members" means those persons serving as members of the Board or their alternates. e. "Board" means the governing body of the Agency. f. "Ex Officio Members" means Board Members who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. g. "Chief Executive Officer" means the chief operating employee selected by the Board to manage the day -to -day activities the Agency, including, but not limited to, the appointment and removal of all employees of the Agency except those described in Section 3.11 below. The Chief Executive Officer shall not be an employee of any individual Party. h. "Fiscal Year" means July 1st to and including the following June 30th. i. "Joint Transportation Corridor Agency" has the meaning assigned such term in Section 2.3(m). j. "Joint Transportation Corridor Agency Agreement" has the meaning assigned such term in Section 2.3(m). k. "Party" means each of the public entities which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, including any public entity executing an amendment of the original agreement as hereinafter provided. 1. "Quarter means July 1 st to and including September 30th, October 1 st to and including December 31 st, January 1st to and including March 31 and April 1 st to and including June 30th. m. "SJH Agency" means the San Joaquin Hills Transportation Corridor Agency formed by the parties to the SJH Agreement. n. "SJH Agreement" means that certain Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency. II. PURPOSE AND POWERS 2.1 Agency Created. There is hereby created a public entity to be known as the "FOOTHILUEASTERN TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provision of Article 1, Chapter 5, Division 7, of Title I of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement Common Powers to be Exercised. Each Party has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA) whenever possible. The purpose of this Agreement is to jointly exercise the foregoing common powers to undertake such studies and planning relative to the Foothill and Eastern Transportation Corridors as may be necessary to establish Areas of Benefit, to recommend to the Parties the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by the Parties pursuant to Government Code Section 66484.3 and to fund, plan, acquire, and construct the major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors. Except for maintenance of the facilities relating to collection of tolls and insuring that the major bridges or thoroughfares constructed pursuant to this Agreement comport to those design elements incorporated into Interstate 280 near the San Francisco Bay Area, the Agency shall not maintain or operate, or incur liability for the maintenance or operation of the facilities constructed pursuant to this Agreement, except as otherwise provided herein. Board planning policy has and shall continue to respond to those various memoranda of understanding, resolutions, minute orders and policy statements of Parties, attached as Exhibit "A" to the prior form of this Agreement and collectively incorporated in the "Issues Inventory Manual" adopted by the Board on August 13, 1987. 0 2.3 Powers. The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of the Parties in studying and planning ways and means to provide for the financing, and construction of the Foothill and Eastern Transportation Corridors; b. To make and enter into contracts; C. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, maintain and operate any buildings, works or improvements; f. To acquire, hold, or dispose of property by any lawful means, including without limitation, gift, purchase, eminent domain lease, lease purchase or sale; forth; g. To incur debts, liabilities, or obligations subject to limitations herein set h. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity, i. To sue and be sued in its own name; j. To apply for an appropriate grant or grants under any federal, state, or local programs for assistance in developing any of its programs; k. To adopt rules, regulations, policies, by -laws and procedures governing the operation of the Agency; 1. To exercise those powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code in accordance with Government Code Section 66484.3(f); and m. To enter into a joint powers agreement with any public agency authorized by Government Code Section 6500 et seq. for the purpose of jointly exercising common powers under Government Code Sections 6500 et. seq. and 66484.3. Any such agreement with the SJH Agency for the joint planning, financing and construction of major thoroughfares and bridges (a "Joint Transportation Corridor Agency Agreement") shall provide for the formation of a separate authority (a "Joint Transportation Corridor Agency ") to carry out the purposes of such Joint Transportation Corridor Agency Agreement. Such Joint Transportation Corridor Agency Agreement shall provide that: (i) the board of directors of such Joint Transportation Corridor Agency shall be composed of one (1) voting member appointed by the legislative body of each city that is a party to either or both this Agreement and the SJH Agreement from time to time, and three (3) voting members from the County of Orange, said members to be the duly elected supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts, , (ii) each such board member shall also have an alternate appointed by the legislative body of the relevant City or the County appointing such board member consistent with this agreement, (iii) not less than two - thirds (2/3) of the members of such board shall constitute a quorum for the purposes of the transaction of business relating to the Joint Transportation Corridor Agency, and (iv) such board may adopt any motion, resolution or order and take any other action they deem appropriate by a vote of the lesser of (a) sixteen (16) such board members, (b) seventy seven percent (77 %) of those board members present and qualified to vote, or (c) such lesser number or percentage of votes (but not less than a majority) that is the requisite vote necessary to maintain the tax- exempt status of debt issued by the Joint Transportation Corridor Agency, as supported by an opinion of a nationally recognized bond counsel selected by such board. n. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. III. ORGANIZATION 3.1 Membership. The Parties to the Agency shall be the public entities which have executed or hereafter execute this Agreement, or amendment, thereto and which have not, pursuant to the provisions hereof, withdrawn therefrom. 3.2 Board. a. The Board shall consist of the following: (i) one voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: The cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. (ii) three voting Board Members from the County of Orange, said members to be the duly elected supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts. (iii) The Board may, from time to time, appoint additional ex officio members. b. Except for ex officio members, each Board Member shall be a current member of the legislative body of the Party each member represents. C. Each Board Member shall also have an alternate appointed by the legislative body of the Party represented by such Board Member. With the exception of the alternates to the Board Members representing the County of Orange, an alternate Board Member must also be a current member of the legislative body of the Party such alternate represents. An alternate Board Member shall assume all rights and duties of the absent Board Member. d. Each Board Member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a successor is named. Board Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the Party such Board Member represents subject, however, to the provisions of Section 3.2 a.(ii). e. A Board Member shall receive only such compensation from the Agency for his/her services as may be approved by not less than two - thirds (2/3) of the Board Members. f A Board Member may be reimbursed for expenses incurred by such Board Member in the conduct of the business of the Agency. 3.3 Principal Office. The principal office of the Agency shall be established by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary of the Board under this Agreement but shall not be considered an amendment to this Agreement. 3.4 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each Party. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.5 Quorum. Not less than two- thirds (2/3) of the Board Members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. 3.6 Powers and Limitations Thereon. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the Parties as herein set forth. Unless otherwise provided herein, each Board Member or participating alternate Board Member shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and 7 qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate. 3.7 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board, and shall cause a copy of such minutes to be forwarded to each Board Member and to each Party. 3.8 Rules. The Board may adopt from time to time rules and regulations for the conduct of its affairs consistent with this Agreement. 3.9 Vote or Assent of Parties. The vote, assent, or approval of Parties in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such Party filed with the Agency. It shall be the responsibility of the Chief Executive Officer to obtain certified copies of said actions. 3.10 Officers. There shall be selected by the Board from its membership, a chairman and a vice chairman. The Board shall appoint a secretary who may be a Member. The Board shall appoint an officer or employee of the Board or an officer or employee of a Party to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers and the duties of, and shall perform the treasurer and auditor functions for the Agency and those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. The chairman, vice chairman, secretary, treasurer and auditor shall hold office for a period of one year commencing July 1 st of each year. Except for the Chief Executive Officer, any officer, employee, or agent of the Board may also be an officer, employee or agent of any of the Parties. The appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.11 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings shall be open to all Board Members, unless the presence of Board Members who are not members of such committee would violate the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.12 Additional Officers. The Board shall have the power, upon the approval of not less than two - thirds (2/3) of the Board Members, to appoint such additional officers as may be appropriate. Such officers may also be, but are not required to be, officers and employees of a Party. 3.13 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be so designated and empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer or persons be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. 3.14 Status of Officers and Employees. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers compensation, and other benefits which apply to the activities of officers, agents, or employees of any of the Parties when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any of the Parties or, by reason of their employment by the Board, to be subject to any of the requirements of such Parties. IV. FEES 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties: On or before the effective date of this Agreement (or, in the case of a new Party, on or before the date on which that Party becomes signatory to this Agreement), each Party shall require by ordinance the payment of a fee as a condition of issuance of a building permit within the Area of Benefit, for the purposes of defraying the actual or estimated cost of constructing major thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill/Eastern Transportation Corridors," attached hereto as Exhibit "A" and incorporated by reference herein. The imposition of said fee by each Party shall be a condition precedent to that Party's participation in the Agency, and each Party covenants to continue the imposition of such fees as required herein and as required by provisions of any applicable bond indentures. W 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above - described fee program and may, upon approval of not less than two - thirds (2/3) of its Members, modify the fee to be imposed by the Parties hereto. Each Party shall impose said revised fee within one hundred twenty (120) days, and if a Party fails to impose said fees, repeals the enabling ordinance or fee requirement or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforementioned time period, whichever is sooner, such action shall be deemed the withdrawal of that Party from the Agency, subject to the conditions specified in Section 9.2 below. If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may provide that the board of directors of the Joint Transportation Corridor Agency shall be responsible for undertaking the annual or more frequent review of the above- described fee program, and shall have the power to modify the fees to be imposed by the Parties hereto upon approval of such modification by such board of directors in accordance with the terms of the Joint Transportation Corridor Agency Agreement. In such event, each Party shall impose said revised fee as provided herein as if such revised fee had been approved by the Board in accordance with this Section 4.2. 4.3 Pa ment. Each Party agrees to hold said fees in trust for the Agency, and to pay said fees to the Agency in quarterly payments, within sixty (60) days after the end of each quarter. The Board may authorize an audit of any Party to determine whether said payments of fees accurately reflect each Party's obligations under this Agreement. Unpaid fees shall bear interest at a rate to be determined by the Board. In the event that any Party fails to remit said fees to the Agency, said failure may be deemed by the Board to be a withdrawal of that Party from the Agency subject to the conditions specified in Section 9.2 hereof. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a Party hereto regarding the appropriate amount of the assessment to the Agency, in accordance with the rules and regulations established by the Agency, which decision shall be final. In the event that any Party hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said Party in said action. If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may authorize the Joint Transportation Corridor Agency to manage the funds collected pursuant to said fee program. In such event, each Party agrees (i) to hold said fees in trust for the Joint Transportation Corridor Agency, (ii) to pay such fees to the Joint Transportation Corridor Agency as provided herein with respect to the Agency, (iii) to permit the Joint Transportation 10 Corridor Agency to audit such Party as provided herein with respect to the Agency, and (iv) that in the event any dispute arises as to the amount of fees assessed any person under the fee program, if the Joint Transportation Corridor Agency Agreement so provides, such dispute shall be managed by the Joint Transportation Corridor Agency and its board of directors in the same manner as described in the third paragraph of this Section 4.3 with respect to the Agency. 4.4 Compensation of Agency for Acquisition of Rights -of -Way. When it is within its power to do so, each Party shall be individually responsible for the preservation and acquisition by dedication pursuant to Title 7, Divisions l and 2 of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. In the event that a Party fails to acquire these rights -of -way by the above - mentioned means after the route alignments for the Foothill and Eastern Transportation Corridor is established and accepted by the Agency, or fails to preserve such rights -of -way and property interests by the above - mentioned means which were established by the County of Orange prior to such establishment and acceptance by the Agency, that Parry shall compensate the Agency for all costs (including attorneys' fees) incurred by the Agency in acquiring said rights -of -way and property interests. If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, the Joint Transportation Corridor Agency shall be entitled to enforce the respective obligations of each Party arising pursuant to this Section 4.4. MA RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, financing, constructing, maintaining, repairing, managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when for any purpose otherwise permitted by law, the Board deems ii appropriate. 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above (other than the Joint Transportation Corridor Agency) are formed, the chairman or his designate shall meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the planning, financing and construction activities of the various agencies. 11 5.3 Lending and Borrowing Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and otherwise permitted by law, and serves the general purpose of improving transportation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to or from the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the Board Members. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on the loan. VL BUDGET AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the Board Members, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board. 6.4 Expenditures Within Approval Annual Budget. All expenditures within the designations and limitations of the approved annual budget shall be made upon the approval of the Chief Executive Officer in accordance with the rules, policies and procedures adopted by the Board. Notwithstanding the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar property interests except upon the approval of not less than two- thirds (2/3) of the Board Members. No expenditures in excess of those budgeted shall be made without the approval of not less than two - thirds (2/3) of the Board Members to a revised and amended budget which may, from time to time, be submitted to the Board. 12 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each Party no later than fifteen (15) days after receipt of said audit by the Board. VII. SECURITIES 7.1 Securities. Upon the approval of the Board, the Parties, or the Agency, may participate in any . statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or any other applicable legislation. Other than the fees specified herein, no funds of a Party shall be utilized as security or as a source for the payment or redemption of any securities of the Agency without the consent of the legislative body of that Party. Upon the approval of not less than two- thirds (2/3) of the Board Members, the Agency may participate in the above - mentioned statutory powers for bond financing of the fees specified herein; provided, however, that the fees collected by any Party may be excluded as security for or as a source for such financing if the Board, upon the approval of not less than two - thirds (2/3) of its Members, so provides. VIII. LIABILITIES 8.1 Liabilities. The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the Parties, unless expressly specified herein. 8.2 Hold Harmless and Indemnify. Each Party hereto agrees to indemnify and hold the Agency and the other Parties harmless from any liability for damages, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying Party or its employees. Where the Agency, the Board itself or its Members' agents or employees are held liable for injuries to persons or property, each Party's liability for contribution or indemnity for such injuries shall be based proportionately upon the fees paid by each Party. In the event of liability imposed upon any of the Parties or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the Parties in the performance of this Agreement, the contribution of the Party or Parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The Party or Parties directly 13 responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the Agency and all other Parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. If the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed, then each Party agrees to hold harmless and indemnify the Joint Transportation Corridor Agency, the board of directors of the Joint Transportation Corridor Agency, and the members of such board of directors of the Joint Transportation Corridor Agency, for all matters within the scope of the indemnities made by the Parties in this Section 8.2 with respect to the Agency, the Board and its Members, to the same extent as such indemnities are made to the Agency, the Board and its Members. IX. ADMISSION AND WITHDRAWAL OF PARTIES 9.1 Admission of New Parties. It is recognized that public entities, other than the original Parties, may wish to participate in the Agency. Additional public entities may become Parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and upon the unanimous consent of the Parties evidenced by the execution of a written amendment to this Agreement, executed by all of the Parties, including the additional Party. 9.2 Withdrawal. It is fully anticipated that each Party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any Party, either voluntarily or involuntarily pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year, (ii) the fee program established by the Party pursuant to this Agreement shall remain in effect for a period of at least four (4) years after the adoption and for any additional period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees, including by way of illustration, but not limitation, bonds which have been issued or authorized for issuance by the Agency, and letters of credit or other reimbursement obligations owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency; (iii) said withdrawal shall not relieve the Party of its proportionate share of any debts or other liabilities incurred by the Agency prior to the effective date of the Party's withdrawal, nor any liabilities imposed upon or incurred by the Party pursuant to this Agreement prior to the effective date of the Party's withdrawal; and (iv) said withdrawal shall result in the forfeiture of that Party's rights and claims relating to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. 14 X. TERMINATION AND DISPOSITION OF ASSETS 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof as provided in this Section 10.1 or until the Parties shall have mutually rescinded this Agreement; provided, however, that the Agency shall continue to exist for the purposes of disposing of all claims, payment of debt service with respect to bonds which have been issued or which have been authorized for issuance and satisfaction of other covenants contained in the resolution and trust indenture relating to said bonds, reimbursement owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency and satisfaction of other covenants contained in reimbursement agreements with such financial institutions, establishment and collection of tolls and development fees, the maintenance of toll collection facilities and the facility in accordance with the California Department of Transportation agreements, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall occur upon the written consent of all of the Parties, or upon the withdrawal from the Agency of a sufficient number of the Parties to leave less than six Parties remaining in the Agency, or upon transfer of title to the corridor to the California Department of Transportation and full satisfaction of all outstanding financial obligations of the Agency. However, no such termination shall occur until all reimbursement obligations owed to financial institutions securing bonds have been paid and all other financial and contractual obligations of the Agency have been satisfied. 10.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the Board shall determine with the objective of returning to each Party or former Part a proportionate share of the contributions made to such properties by such Parties, less previous distributions, if any, provided however that said funds also shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each Party (excluding withdrawn Parties as provided in Section 9.2 hereof) a proportionate share of such funds equal to the percentage of the contribution made by each Party, less each Party's proportionate share of previous distributions, if any, provided that said funds shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. 15 XI. MISCELLANEOUS 11.1 Amendments. This Agreement may be amended with the approval of not less than three - fourths (3/4) of all Parties; provided, however, that no amendment may be made which would adversely affect the interests of the owners of bonds, letters of credit or other financial obligations of the Agency. 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the. same in any United States Post Office, registered or certified, postage prepaid, addressed to the Parties, shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by any ten or more of the Parties enumerated in the introduction of this Agreement. 11.4 Arbitration. Any controversy or claim between any two or more Parties, or between any such Party or Parties and the Agency, in respect to the Agency's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitration Association shall apply. The Party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Party and the Agency. Such notice shall designate as "respondents" such other Parties as the initiating Party intends to have bound by any award made therein. Any Parry not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other Parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA," shall submit simultaneously to the initiating and to all Parties named as respondents or filing a response therein, an identical list of names and persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each Party to the dispute shall have seven (7) days from the mailing date in which to cross off any names indicating the order of his or her preference, and return the list to the AAA. If a Party does not return the list within such time period, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Parties fail to 16 agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbitrator from other members of the panel without the submission of any additional list. The arbitrator shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. If the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by Section 2.3 of this Agreement, then each Party agrees that the arbitration provisions in this Section 11.4 shall apply to any controversy or claim between any such Party or Parties and the Joint Transportation Corridor Agency arising under, out of, or in relation to this Agreement. 11.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law. 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. 11.7 Assignment. The Parties shall not assign any rights or obligations under this Agreement without written consent of all other Parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 11.9 Third Party Beneficiary. In the event that the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency shall be a third party beneficiary of the provisions of this Agreement creating obligations for the benefit of such Joint Transportation Corridor Agency. 17 IN WITNESS WHEREOF, this Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill and Eastern Transportation Corridor Agency shall be effective as of the date that not less than three - fourths (3/4) of the Parties listed below have authorized execution hereof, as evidenced by the authorized signatures below, respectively. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: Name: Clerk of the Board of Supervisors Date: APPROVED AS TO FORM: County Counsel By: Deputy Date: 10 COUNTY OF ORANGE By: Name: Date: ATTEST: CITY OF ANAHEIM Clerk of the City of Anaheim By: By: Dated: APPROVED AS TO FORM: By: City Counsel Mayor ATTEST: CITY OF DANA POINT Clerk of the City of Dana Point By: By: Mayor Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: CITY OF IRVINE Clerk of the City of Irvine By: By: Mayor Dated: APPROVED AS TO FORM: By: City Counsel 19 ATTEST: Clerk of the City of Lake Forest By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Orange By: Dated: APPROVED AS TO FORM: By: City Counsel 20 CITY OF LAKE FOREST By: Mayor CITY OF MISSION VIEJO By: Mayor CITY OF ORANGE By: Mayor ATTEST: Clerk of the City of Rancho Santa Margarita By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF RANCHO SANTA MARGARITA By: Mayor CITY OF SAN CLEMENTE By: Mayor ATTEST: CITY OF SAN JUAN CAPISTRANO Clerk of the City of San Juan Capistrano By: Mayor By: Dated: APPROVED AS TO FORM: By: City Counsel 21 s ATTEST: Clerk of the City of Santa Ana/ By� / Dated: 3 By: _ ATTEST: Clerk of the City of Tustin By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Yorba Linda By: Dated: APPROVED AS TO FORM: By: City Counsel 22 CITY OF TUSTIN By: Mayor CITY OF YORBA LINDA By: Mayor REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 2, 2002 TITLE: RESOLUTION - AMENDMENTS TO THE SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES' JOINT POWERS AGREEMENT- Edocation Is[ CLERK OF COUNCIL USE ONLY: APPROVED s Recommended ( ,',,; t ZuU C❑ As Amended ❑ Ordinance on 16` Reading XOrdinance on 2otl Reading Implementing Resolution Ic ❑ Set Public Hearing For CONTINUED TO FILE NUMBER (- ITYMANAGER RECOMMENDED ACTION 0`1304'761 ;7""(114 - Adopt a resolution authorizing the City of Santa Ana to execute the second amended and restated joint exercise of power agreement creating the San Joaquin Hills Transportation Corridor Agency and the second amended and restated joint exercise of powers agreement creating the Foothill /Eastern Transportation Corridor Agency. DISCUSSION In 1986, the San Joaquin Hills Transportation Corridor Authority (SJHTCA) and the Foothill /Eastern Transportation Corridor Authority (F /ETCA) were created to plan, design, finance, and construct two new major highways - one coastal and one inland - in Orange County. In 1987, the State Legislature approved legislation granting both agencies the authority to collect tolls and issue toll revenue bonds. In 1993, the SJHTCA issued $1.2 billion in toll revenue bonds to fund construction of the San Joaquin Hills (73) Toll Road. The Toll Road opened in 1996. In the first year of operation, initial toll revenue achieved only 50 percent of projected revenue. In response, the SJHTCA took advantage of a favorable investment rate climate and refinanced nearly all of its original bonded debt in 1997. Federal law only permits one advanced refunding. Since 1997, SJHTCA toll revenue and transactions have grown by more than 10 percent per year. However, this growth rate has not been sufficient to keep pace with projections and an escalating debt service structure. The SJHTCA Toll Road is currently operating at 77 percent of the revenue projections that were forecast during the 1997 refinancing. In contrast, Page 125 55. B. Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies' Joint Powers Agreements December 2, 2002 Page 2 the Foothill /Eastern Corridor is currently operating at approximately 107 percent of revenue projections established in 1999. In February 2002, Fitch Investor Services, one of the three rating agencies that rate Transportation Corridor Agencies (TCA) bonds, downgraded a portion of the SJHTCA's bonds to a non - investment grade rating. Immediately following the downgrade, the SJHTCA Board of Directors hired two independent financial consultants to work with SJHTCA staff to independently evaluate all financial options available to the agency to establish long -term financial stability. After the analysis, the financial team concluded that consolidation of the SJHTCA and F /ETCA into a single agency was the only viable option for establishing long -term financial stability for the toll -road system. This consolidation would allow the two agencies to restructure outstanding debt, streamline operations, diversify the revenue base, and strengthen the agencies' ability to complete the toll -road system. In April 2002, the SJHTCA Board unanimously voted to request the F /ETCA Board to consider consolidation into a single joint powers authority. In June 2002, the F /ETCA Board voted unanimously to proceed with the potential consolidation. In October 2002, the SJHTCA and F /ETCA Boards considered governing board structure options for a combined agency. The Boards selected a 21- member board structure consisting of one representative from each City and County Supervisorial District currently represented on the existing TCA Boards (18 City and three County members). On November 14, 2002, the Boards unanimously approved amendments to the existing Joint Powers Agreement, which would permit this proposed consolidation of the agencies. Accordingly, the SJHTCA requests that member agencies, including the City of Santa Ana, adopt proposed amendments to the Joint Powers Agreement. The amendments would establish the legal foundation and framework for the potential consolidation of the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. Adopting the amendments does not create the consolidated TCA, but establishes the legal groundwork for the creation of a new, consolidated agency, only if the SJHTCA and F /ETCA Boards vote to proceed with consolidation. 55. B. Page 126 Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies' Joint Powers Agreements December 2, 2002 Page 3 FISCAL IMPACT There is no direct financial impact to the City continue to be protected from debts, liabilities San Joaquin Hills Transportation Corridor Agency Corridor Agency. Page 127 Member agencies will and obligations of the and the Foothill /Eastern 55.B. BUSINESS CALENDAR RESOLUTIONS 55.A. AGMT NO. 2002 -232 - AUTHORIZING THE PARTICIPATION IN JOINT POWERS AUTHORITY FOR INTEGRATED LAW AND JUSTICE Motion: Adopt resolution. RESOLUTION NO. 2002 -103 - A resolution of the City Council of the City of Santa Ana authorizing the City of Santa Ana's membership in a Joint Powers Authority to be known as the Integrated Law and Justice Agency for Orange County MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy Franklin, Garcia, Pulido Solorio (7) NOES: None (0) ABSENT: None 55.13. ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO THE SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES JOINT POWERS AGREEMENT Motion: Adopt resolution. RESOLUTION NO. 2002 -104 - A resolution of the City Council of the City of Santa Ana approving second amended and restated joint exercise of powers agreements for the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor Agency MOTION: Christy SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido Solorio (7) NOES: None (0) ABSENT: None CITY COUNCIL MINUTES 427 DECEMBER 2, 2002 RESOLUTION N0. 2002 -104 jwf/1 1/25/02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENTS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AND THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is a party to: (i) that certain First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency, which first became effective October 17, 1988, and, (ii) that certain First Amended and.Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, which first became effective October 21, 1988 (collectively as amended, the "Joint Powers Agreements "); and, B. The governing bodies of both joint powers agencies have unanimously recommended that the Joint Powers Agreements be amended and restated respectively as provided in the Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and the Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (collectively the "Second Amended and Restated Joint Powers Agreements ") to permit the creation of a third joint powers agency to assume joint operational and financial management of two separate agencies; and, C. The City Council hereby determines that it is in the best interest of the City to approve the Second Amended and Restated Joint Powers Agreements and to authorize the Mayor to execute on behalf of the City the Second' Amended and Restated Joint Powers Agreements. Section 2, The Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with the Clerk of the Council is hereby approved, with such non - substantive changes as may be approved by the City Attorney, is hereby approved and the Mayor is hereby Resolution No, 2002 -104 Page 1 of 3 jwf 111 /25/02 RESOLUTION NO. 2002 -104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENTS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AND THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is a party to: (i) that certain First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency, which first became effective October 17, 1988, and, (ii) that certain First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, which first became effective October 21, 1988 (collectively as amended, the "Joint Powers Agreements "); and, B. The governing bodies of both joint powers agencies have unanimously recommended that the Joint Powers Agreements be amended and restated respectively as provided in the Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and the Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (collectively the "Second Amended and Restated Joint Powers Agreements ") to permit the creation of a third joint powers agency to assume joint operational and financial management of two separate agencies; and, C. The City Council hereby determines that it is in the best interest of the City to approve the Second Amended and Restated Joint Powers Agreements and to authorize the Mayor to execute on behalf of the City the Second Amended and Restated Joint Powers Agreements. Section 2. The Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with the Clerk of the Council is hereby approved, with such non - substantive changes as may be approved by the City Attorney, is hereby approved and the Mayor is hereby Resolution No. 2002 -104 Page 1 of 3 authorized to sign and the City Clerk is hereby authorized to attest same on behalf of the City. Section 3. The Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, on file with the Clerk of the Council is hereby approved, with such non - substantive changes as may be approved by the City Attorney, and the Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest same on behalf of the City. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of December, 2002, AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2002 -104 Page 2 of 3 Alvarez, Bist, Christy. Franklin, Garcia, Pulido. Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002 -104 to be the original resolution adopted by the City Council of the City of Santa Ana on December 2. 2002. Date: � Da —� r�J '4�' Clerk of the Council City of Santa Ana Resolution No. 2002 -104 Page 3 of 3 MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCIL MEMBERS Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio �,.I , C ` T � A c dal A A A MINUTES EXCERPT CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy MEETING DATE: December 2, 2002 COUNCIL MEMBERS PRESENT: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) ABSENT: None (0) 55.B. ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO THE SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES JOINT POWERS AGREEMENT Motion: Adopt resolution. RESOLUTION NO. 2002 -104 - A resolution of the City Council of the City of Santa Ana approving second amended and restated joint exercise of powers agreements for the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor Agency MOTION: Christy VOTE: AYES: ABSENT: STATE OF CALIFORNIA COUNTY OF ORANGE SECOND: Franklin Alvarez, Bist, Christy, Franklin, Garcia, Pulido Solorio (7) NOES: None (0) None I, PATRICIA E. HEALY, Clerk of the Council of the City of Santa Ana, California, hereby certify the foregoing to be a full, true and correct copy of the minute action on record in this office. IN WITNESS WHEREOF, I ave hereunto set my hand and seal this 2 "d day of December, 2002. Patricia E. Healy, Clerk of the Council 20 CIVIC CENTER PLAZA, M30 • P.O. BOX 19611 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647 -6520 E -MAIL phealy @ci.santa- ana.ca.us FAX (714) 647 -6956 jwf/1 1/25/02 RESOLUTION NO. 2002 -104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SECOND. AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENTS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AND THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is a party to: (i) that certain First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency, which first became effective October 17, 1988, and, (ii) that certain First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency, which first became effective October 21, 1988 (collectively as amended, the "Joint Powers Agreements "); and, - - B. The governing bodies of both joint powers agencies have unanimously recommended that the Joint Powers Agreements be amended and restated respectively as provided in the Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and the Second Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency (collectively the "Second Amended and Restated Joint Powers Agreements ") to permit the creation of a third joint powers agency to assume joint operational and financial management of two separate agencies; and, C. The City Council hereby determines that it is in the best interest of the City to approve the Second Amended and Restated Joint Powers Agreements and to authorize the Mayor to execute on behalf of the City the Second Amended and Restated Joint Powers Agreements. Section 2. The Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, on file with the Clerk of the Council is hereby approved, with such non - substantive changes as may be approved by the City Attorney, is hereby approved and the Mayor is hereby Resolution No. 2002 -104 Page 1 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002 -104 to be the original resolution adopted by the City Council of the City of Santa Ana on December 2, 2002. Date: �z 4A -v Clerk of the Council City of Santa Ana T f FOREGOING DOCUMENT IS A FULL TRUE a 7HE ORIGINAL ON FILE IN THIS OFFICE. ❑ THE ORIGINAL ON FILE IN ATTFRT-_� _ .. 7 BY OF Resolution No. 2002 -104 Page 3 of 3 WALTER - NOSSAMAN (1830 -1964) WILLIAM E. GUTHNER, JR. (19321999) SAN FRANCISCO — THIRTY FOURTH FLOOR 50 CALIFORNIA STREET SAN FRANCISCO, CA 94111 -4707 (415( 3903600 LOS ANGELES THIRTY -FIRST FLOOR 445 SOUTH FIGUEROA STREET LOS ANGELES, CA 90071 -1602 IS 13) 0124000 LAW OFFICES NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP SUITE 1800 18101 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612 -0177 TELEPHONE (949) 833 -7800 FACSIMILE (949) 033 -7878 VIA OVERNIGHT DELIVERY MONICA M. LAWRENCE DIRECT DIAL NUMBER (9491477 -7625 EMAIL mlawrence @nossaman.com March 28, 2003 Rose Ann Trujillo, Sr. Deputy Clerk of City Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, CA 92702 JOHN T. KNOX WARREN G. ELLIOTT OF COUNSEL WASH I NGTON,p _C, SUITE 370 S 001 13"' STREET N.W. WASHINGTON, D . 20008 (202) 703 -7272 SACRAMENTO SUITE 1000 915 L STREET SACRAMENTO, CA 950143705 (9 16) 442 -8888 REFER TO FILE NUMBER 190477 -0096 Re: 1/ Foothill /Eastern and San Joaquin Hills Transportation Corridor Agen Second Amended and Restated Joint Exercise of Powers Agreements Dear Ms. Trujillo: Enclosed for your records are the execution pages for the above- referenced Agreements for all acting member agencies (Rancho Santa Margarita and the County of Orange have not adopted the Agreement(s)). The Corridor Agencies have retained the Agreements with original execution signatures for all acting member agencies. Please contact our office if you have any questions or require farther information. Very truly yours, 4) lae o Monica M. Lawrence Paralegal MML Enclosures (1) cc: Transportation Corridor Agencies (w /o enc.) 227723_1.DOC REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 2, 2002 TITLE: RESOLUTION - AMENDMENTS TO THE SAN JOAQUIN HILLS AND FOOTHILL /EASTERN TRANSPORTATION CORRIDOR AGENCIES' JOINT POWERS AGREEMENT` CITY MANAGER RECOMMENDED ACTION Edunaon ls� CLERK OF COUNCIL USE ONLY: /_T7: �s Recommended DEC 0 2 `N O? ❑ As Amended ❑ Ordinance on I" Reading Ordinance on 2nd Reading Implementing Resolution ur Set Public Hearing For CONTINUED TO FILE NUMBER ,cepp"" .$0 ®ZOO67,—I01 #q - acex -;Zyl i4 -2oo2 , ;?- K! A Adopt a resolution authorizing the City of Santa Ana to execute the second amended and restated joint exercise of power agreement creating the San t Joaquin Hills Transportation Corridor Agency and he second amended and restated joint exercise of powers agreement creating the Foothill /Eastern Transportation Corridor Agency. C A -200Z-'7 W AJ In 1986, the San Joaquin Hills Transportation Corridor Authority (SJHTCA) and the Foothill /Eastern Transportation Corridor Authority (F /ETCA) were created to plan, design, finance, and construct two new major highways - one coastal- and one - inland - in Orange County. In 1987, the State Legislature approved legislation granting both agencies the authority. to collect tolls and issue toll revenue bonds. In 1993, the SJHTCA issued $1.2 billion in toll revenue bonds to fund construction of the San Joaquin Hills (73) Toll Road. The Toll Road opened in 1996. In the first year of operation, initial toll revenue achieved only 50 percent of projected revenue. In response, the SJHTCA took advantage of a favorable investment rate climate and refinanced nearly all of its original bonded debt in 1997. Federal law only permits one advanced refunding. Since 1997, SJHTCA toll revenue and transactions have grown by more than 10 percent per year. However, this growth rate has not been sufficient to keep pace with projections and an escalating debt service structure. The SJHTCA Toll Road is currently operating at 77 percent of the revenue projections that were forecast during the 1997 refinancing. In contrast, Paae 125 55MBE Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies' Joint Powers Agreements December 2, 2002 Page 2 the Foothill /Eastern Corridor is currently operating at approximately 107 percent of revenue projections established in 1999. In February 2002, Fitch Investor Services, one of the 'three rating agencies that rate Transportation Corridor Agencies (TCA) bonds, downgraded a portion of the SJHTCA's bonds to a non - investment grade rating. Immediately following the downgrade, the SJHTCA Board of Directors hired two independent financial consultants to work with SJHTCA staff to independently evaluate all financial options available to the agency to establish long -term financial stability. After the analysis, the financial team concluded that consolidation of the SJHTCA and F /ETCA into a single agency was the only viable option for establishing long -term financial stability for the toll -road system. This consolidation would allow the two agencies to restructure outstanding debt, streamline operations, diversify the revenue base, and strengthen the agencies' ability to complete the toll -road system. In April 2002, the SJHTCA Board unanimously voted to request the F /ETCA Board to consider consolidation into a single joint powers authority. In June 2002, the F /ETCA Board voted unanimously to proceed with the potential consolidation. In October 2002, the SJHTCA and F /ETCA Boards considered governing board structure options for a combined agency. The Boards selected a 21- member board structure consisting of one representative from each City and County Supervisorial District currently represented on the existing TCA Boards (18 City and three County members). On November 14, 2002, the Boards unanimously approved amendments to the existing Joint Powers Agreement, which would permit this proposed consolidation of the agencies. Accordingly, the SJHTCA requests that member agencies, including the City of Santa Ana, adopt proposed amendments to the Joint Powers Agreement. The amendments would establish the legal foundation and framework for the potential consolidation of the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. Adopting the amendments does not create the consolidated TCA, but establishes the legal groundwork for the creation of a new, consolidated agency, only if the SJHTCA and F /ETCA Boards vote to proceed with consolidation. i' Page i Resolution - Amendments to the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies' Joint Powers Agreements December 2, 2002 Page 3 FISCAL IMPACT There is no direct financial impact to the City. Member agencies will continue to be protected from debts, liabilities and obligations of the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Corridor Agency. Page 127 550 WALTER L NOSSAMAN (1866 -1904) WILLIAM E. GUTHNER, JR. (19321999) 56H FRANCJ.5CO THIRTY - FOURTH FLOOR 50 CALIFORNIA STREET SAN FRANCISCO, CA 94111-4707 (415) 39B -3800 LOS AKGEJ,_S THIRTY -FIRST FLOOR 445 SOUTH FIGUEROA STREET LOS ANGELES, OA 90071 -1602 (213) 612 -7800 LAW OFFICES NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP SUITE 1800 18101 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612 -0177 TELEPHONE (949)833 -7800 FACSIMILE (949) B33 -7878 VIA OVERNIGHT DELIVERY MONICA M. LAWRENCE DIRECT DIAL NUMBER (949)477 -7525 EMAIL mlawrence ®nossaman.com March 28, 2003 Rose Ann Trujillo, Sr. Deputy Cleric of City Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, CA 92702 JOHN T. KNOX WARREN G. ELLIOTT OF COUNSEL SLIHINGZON. C, SUITE 370 -S 801 13'" STREET N.W. WASHINGTON, O.C. 20005 (202) 753 -7272 SACR6MENT(2 SUITE 1000 915 L STREET SACRAMENTO, CA 95014 3705 (910) 442 -BBBB REFER TO FILE NUMBER 190477 -0096 Re: Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies' Second Amended and Restated Joint Exercise of Powers Agreements Dear Ms. Trujillo: Enclosed for your records are the execution pages for the above- referenced Agreements for all acting member agencies (Rancho Santa Margarita and the County of Orange have not adopted the Agreement(s)). The Corridor Agencies have retained the Agreements with original execution signatures for all acting member agencies. Please contact our office if you have any questions or require further information. Very truly yours, �4l0 Monica M. Lawrence Paralegal MML Enclosures (1) cc: Transportation Corridor Agencies (w /o enc.) 227723_1.DOC SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY 222571_7.DOC 11/I9/02 1:30 PM ATTEST: Clerk of the City of Aliso Viejo By: /0-Q.C.C.L C Q- Dated: 03-05-03 IMP OVED AS O FO By: City Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: City Counsel -19- CITY OF ALISO VIEJO By: _ Mat,/ CITY OF COSTA MESA By: Mayor CITY OF DANA POINT By: Mayor ATTEST: Clerk of the City of Aliso Viejo By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated:, S Z. APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: IN City Counsel -19- CITY OF ALISO VIEJO By: Mayor CITY OF CO; By: 7AMayor MESA V- - OS•OZ CITY OF DANA POINT By: Mayor ATTEST: CITY OF ALISO VIEJO Clerk of the City of Aliso Viejo By: By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Mayor CITY OF COSTA MESA Clerk of the City of Costa Mesa By: By: _ Dated: APPROVED AS TO FORM: City Counsel Mayor ATTEST: CITY OF DANA POINT Clerk of the City of Dana Point By: _ a r By: Dated: APPROVED AS TO FORM: By: City Counsel 50 9 ATTEST: Clerk of the City of Irvine ated• � - 7- ,2 �O '� ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: By: City Counsel Kill CITY OZINE By: Mayor CITY OF LAGUNA HILLS By: Mayor CITY OF LAGUNA NIGUEL By: Mayor ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: ar y4t arIson, City Clerk Dated: APPROVED AS TO FORM: By: yp City Counsel Lois E. Jeffre ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: By: City Counsel -20- CITY OF IRVINE By: Mayor CIT By: CITY OF LAGUNA NIGUEL By: Mayor t ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Niguel 1 Y. t �- ��D 6 d: G I t By: O , By: IlIOA'02 K12 CITY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor I: OF NIGUEL , ATTEST: Clerk of the City of Laguna Woods BYE Dated:. 'd 3 APPR VFD AS TO FORM: Y� City Coun el ATTEST: CITY OF MISSION VIEJO Clerk of the City of Mission Viejo By: Mayor By: Dated: t APPROVED AS TO FORM: By: City Counsel ATTEST: CITY OF NEWPORT BEACH Clerk of the City of Newport Beach By: Mayor By: _ Dated: APPROVED AS TO FORM: Lm City Counsel -21- ATTEST: CITY OF LAGUNA WOODS Clerk of the City of Laguna Woods By: By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: —C APPROVED AS TO FORM: By: A� City Counsel ATTEST: Mayor CITY OF ISSIOJO By: ,Zs Mayor CITY OF NEWPORT BEACH Clerk of the City of Newport Beach By: By: _ Dated: APPROVED AS TO FORM: IC City Counsel -21- Mayor ATTEST: Clerk of the City of Laguna Woods By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Newport Beach By: 7U✓ C -P). / � -� Dated: f / /� d 3 APPROV D AS TO FORM: Counsel CITY OF LAGUNA WOODS By: Mayor CITY OF MISSION VIEJO By: Mayor CITY OF NEWPORT BEACH By: C Mayor -21- ATTEST: CITY 0 SAN MENTE Clerk of the City of San Clemente By: M or is /j' D. APPROVED AS TO FORM: By: ity unsel ATTEST: 5FN FEBRUARY 2$, ,"PIZ t928 CITY OF SANTA ANA Clerk of the City of Santa Ana By: M Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Juan Capisttano By: _ Dated: APPROVED AS TO FORM: By: City Counsel -22- Mayor CITY OF SAN JUAN CAPISTRANO 07 Mayor ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF SAN CLEMENTE By: Mayor ATTEST: I CITY OF SAN JUAN CAPISTRANO Clerk of the City of San Juan Capistrano By: By: Dated: APPROVED AS TO FORM: By: City Counsel _22_ Mayor ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Santa Ana By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF SAN CLEMENTE By: Mayor CITY OF SANTA ANA By: Mayor ATTEST: CI Clerk of the City of San Juan /Capistrano By Date C�tJ✓ APPROVE S TO F RM: By: _ City o _22_ 222571_7.DOC SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY 11/19/02 1:30 PM TABLE OF CONTENTS Page RECITALS................................................................................................. ..............................1 I. DEFINITIONS ............................................................................................. ..............................3 II. PURPOSE AND POWERS ......................................................................... ..............................4 2.1 Agency Created .................................................................................. ..............................4 2.2 Purpose of the Agreement; Common Powers to be Exercised .......... ..............................4 2.3 Powers ................................................................................................ ..............................5 III. ORGANIZATION ....................................................................................... ..............................6 3.1 Membership ....................................................................................... ..............................6 3.2 Board .................................................................................................. ..............................6 3.3 Principal Office .................................................................................. ..............................7 3.4 Meetings ............................................................................................. ..............................7 3.5 Quorum .............................................................................................. ..............................7 3.6 Powers and Limitations Thereon ....................................................... ..............................8 3.7 Minutes .............................................................................................. ..............................8 3.8 Rules .................................................................................................. ..............................8 3.9 Vote or Assent of Parties ................................................................... ..............................8 3.10 Officers .............................................................................................. ..............................8 3.11 Committees ........................................................................................ ..............................9 3.12 Additional Officers ............................................................................ ..............................9 3.13 Bonding Requirement ........................................................................ ..............................9 3.14 Status of Officers and Employees ...................................................... ..............................9 IV. FEES ............................................................................................................ ..............................9 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties ..................9 4.2 Annual Review of Fees ..................................................................... .............................10 4.3 Payment ............................................................................................. .............................10 -i- TABLE OF CONTENTS (cont'd) Page 4.4 Compensation of Agency for Acquisition of Rights -of- Way .......... ..............................1 l V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES................................................................................................. .............................11 5.1 Joint Action with Other Agencies ..................................................... .............................11 5.2 Communications Between Corridor Agencies ................................. ..............................1 l 5.3 Lending and Borrowing Funds Between Agencies .......................... .............................12 VI. BUDGET AND DISBURSEMENTS ......................................................... .............................12 6.1 Annual Budget .................................................................................. .............................12 6.2 Disbursements ................................................................................... .............................12 6.3 Accounts ........................................................................................... .............................12 6.4 Expenditures Within Approval Annual Budget ............:................... .............................12 6.5 Audit ................................................................................................. .............................13 VII. SECURITIES ........................................................................................ .............................13 7.1 Securities ........................................................................................... .............................13 VIII. LIABILITIES ........................................................................................ .............................13 8.1 Liabilities .......................................................................................... .............................13 8.2 Hold Harmless and Indemnify .......................................................... .............................13 IX. ADMISSION AND WITHDRAWAL OF PARTIES ................................ .............................14 9.1 Admission of New Parties ................................................................ .............................14 9.2 Withdrawal ........................................................................................ .............................14 X. TERMINATION AND DISPOSITION OF ASSETS ................................ .............................15 10.1 Termination ....................................................................................... .............................15 10.2 Distribution of Property and Funds ................................................... .............................15 XI. MISCELLANEOUS ................................................................................... .............................16 11.1 Amendments ..................................................................................... .............................16 11.2 Notice ................................................................................................ .............................16 -ii- TABLE OF CONTENTS (cont'd) 11.3 Effective Date ......................... ............................... 11.4 Arbitration ............................... ............................... 11.5 Partial Invalidity ...................... ............................... 11.6 Successors ............................... ............................... 11.7 Assignment ............................. ............................... 11.8 Execution ................................ ............................... 11.9 Third Party Beneficiary ........... ............................... -iii- SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY THIS SECOND AMENDED AND RESTATED AGREEMENT is made and entered into, pursuant to Sections 11.1 and 11.3, by and among the following public agencies as of the _ day of ' 200_, the date on which ten or more of the following public agencies executed this Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency: a. County of Orange b. City of Aliso Viejo C. City of Costa Mesa d. City of Dana Point e. City of Irvine f. City of Laguna Hills g. City of Laguna Niguel h. City of Laguna Woods City of Mission Viejo j. City of Newport Beach k. City of San Clemente City of San Juan Capistrano m. City of Santa Ana RECITALS A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The Parties to this Agreement have territorial jurisdiction within the Area of Benefit of the San Joaquin Hills Transportation Corridor, and desire to impose such a fee 222571_7.DOC pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the SAN JOAQUIN HILLS Transportation Corridors. The Parties hereto have the common power to conduct such transportation planning, financing and construction. C. It has been determined by the Parties hereto that it is in the best interests of the respective Parties to join together to administer the funds provided by these fee programs, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the Parties is authorized to contract with each other for the joint exercise of any common power tinder Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Joint Powers Act "). With the adoption of Chapter 649, Statutes 1999, the California State Legislature amended the Joint Powers Act to authorize any joint powers authority formed pursuant to the Joint Powers Act to enter into an agreement with other "Public agencies" (as defined in the Joint Powers Act) to jointly exercise any power common to the contracting Parties. E. The Parties have determined that is in their best interest to authorize the Agency formed pursuant to this Agreement to exercise the authority provided by the Joint Powers Act to enter into agreement with other pubic agencies for the purpose of jointly exercising any power common to the Agency and any other such public agencies. F. The Parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or controlled by the Parties hereto. G. The Parties hereto recognize that, in order to serve the purpose stated herein, additional funding other than that received -from the above - described fees must be obtained. Each Party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt financing, assessment districts, special legislation, toll revenue financing, Arterial Highway Financing program funds and other forms of governmental grants -in -aid. H. The Parties hereto entered into this Agreement with the express understanding that the acquisition of rights -of -way and similar property interests necessary for the construction of transportation facilities pursuant to this Agreement shall be accomplished at little or no expense to the members hereto or to the Agency created hereunder. However, it is recognized by the Parties hereto that prior to the execution of this Agreement, the County of Orange, as the sole responsible Party for the administration of the Orange County Major Thoroughfare and Bridge Fee Program, assumed the right and obligation to acquire a certain right of way located in the City of Laguna Beach ( "Sycamore Hills ") in the area of Tentative Tract Map No. 8965 not available for dedication in addition to certain other property, and such right and obligation shall be assumed by the Agency but only to the extent of the aliquot value of such right of way. I. The Parties hereto recognize that in accordance with the principals of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. -2- J. It is anticipated by the Parties hereto that any major thoroughfares or bridges constructed pursuant to this Agreement shall comport with those standards for scenic highways set forth in Streets and Highways Code Section 261. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: I. DEFINITIONS 1.1 For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this Second Amended and Restated Joint Exercise of Powers Agreement, as amended from time to time. b. "Agency" means the SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY. C. "Annual Budget' means the approved budget applicable to the expenses of administration of the Agency. d. "Board Members" means those persons serving as members of the Board or their alternates. e. "Board" means the governing body of the Agency. f. "Ex Officio Members" means Board Members who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. g. "Chief Executive Officer" means the chief operating employee selected by the Board to manage the day -to -day activities the Agency, including, but not limited to, the appointment and removal of all employees of the Agency except those described in Section 3.11 below. The Chief Executive Officer shall not be an employee of any individual Party. h. "F /E Agency" means the Foothill/Eastern Transportation Corridor Agency formed by the parties to the F/E Agreement. i. "F/E Agreement' means that certain Second Amended and Restated Foothill /Eastern Transportation Corridor Agency Agreement. "Fiscal Year" means July 1 st to and including the following June 30th. k. "Joint Transportation Corridor Agency" has the meaning assigned such term in Section 2.3(m). -3- 1. "Joint Transportation Corridor Agency Agreement' has the meaning assigned such term in Section 2.3(m). m. "Party" means each of the public entities which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, including any public entity executing an amendment of the original agreement as hereinafter provided. n. "Quarter" means July i st to and including September 30th, October 1 st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. II. PURPOSE AND POWERS 2.1 Agency Created. There is hereby created a public entity to be known as the "SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provision of Article 1, Chapter 5, Division 7, of Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement; Common Powers to be Exercised. Each Party has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA) whenever possible. The purpose of this Agreement is to jointly exercise the foregoing common powers to undertake such studies and planning relative to the San Joaquin Hills Transportation Corridor as may be necessary to establish Areas of Benefit, to recommend to the Parties the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by the Parties pursuant to Government Code Section 66484.3 and to fund, plan, acquire, and construct the major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor. Except for maintenance of the facilities relating to collection of tolls and insuring that the major bridges or thoroughfares constructed pursuant to this Agreement comport to those design elements incorporated into Interstate 280 near the San Francisco Bay Area, the Agency shall not maintain or operate, or incur liability for the maintenance or operation of the facilities constructed pursuant to this Agreement, except as otherwise provided herein. Board planning policy has and shall continue to respond to those various memoranda of understanding, resolutions, minute orders and policy statements of Parties, attached as Exhibit "A" to the prior form of this Agreement and collectively incorporated in the "Issues Inventory Manual" adopted by the Board on August 13, 1987. 2.3 Powers. The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of the Parties in studying and planning ways and means to provide for the financing, and construction of the San Joaquin Hills Transportation Corridor; b. To make and enter into contracts; C. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, maintain and operate any buildings, works or improvements; f. To acquire, hold, or dispose of property by any lawful means, including without limitation, gift, purchase, eminent domain lease, lease purchase or sale; g. To incur debts, liabilities, or obligations subject to limitations herein set forth; h. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity, To sue and be sued in its own name; j. To apply for an appropriate grant or grants under any federal, state, or local programs for assistance in developing any of its programs; k. To adopt rules, regulations, policies, by -laws and procedures governing the operation of the Agency; 1. To exercise those powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code in accordance with Government Code Section 66484.3(f); and M. To enter into a joint powers agreement with any public agency authorized by Government Code Section 6500 et seq. for the purpose of jointly exercising common powers -5- under Government Code Sections 6500 et seq. and 66484.3. Any such agreement with the F/E Agency for the joint planning, financing and construction of major thoroughfares and bridges (a "Joint Transportation Corridor Agency Agreement ") shall provide for the formation of a separate authority (a "Joint Transportation Corridor Agency ") to carry out the purposes of such Joint Transportation Corridor Agency Agreement. Such Joint Transportation Corridor Agency Agreement shall provide that: (i) the board of directors of such Joint Transportation Corridor Agency shall be composed of one (1) voting member appointed by the legislative body of each city that is a party to either or both this Agreement and the F/E Agreement from time to time, and three (3) voting members from the County of Orange, said members to be the duly elected supervisors for the Third, Fourth and Fifth County of Orange Supervisorial Districts, , (ii) each such board member shall also have an alternate appointed by the legislative body of the relevant City or the County appointing such board member consistent with this agreement, (iii) not less than two- thirds (2/3) of the members of such board shall constitute a quorum for the purposes of the transaction of business relating to the Joint Transportation Corridor Agency, and (iv) such board may adopt any motion, resolution or order and take any other action they deem appropriate by a vote of the lesser of (a) sixteen (16) such board members, (b) seventy seven percent (77 %) of those board members present and qualified to vote, or (c) such lesser number or percentage of votes (but not less than a majority) that is the requisite vote necessary to maintain the tax - exempt status of debt issued by the Joint Transportation Corridor Agency, as supported by an opinion of a nationally recognized bond counsel selected by such board. n. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. III. ORGANIZATION 3.1 Membership. The Parties to the Agency shall be the public entities which have executed or hereafter execute this Agreement, or amendment thereto, and which have not, pursuant to the provisions hereof, withdrawn therefrom. a. The Board shall consist of the following: (i) one voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: The cities of Aliso Viejo, Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana. (ii) two voting Board Members from the County of Orange, said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Districts. 0 (iii) The Board may, from time to time, appoint additional ex officio members. b. Except for ex officio members, each Board Member shall be a current member of the legislative body of the Party each member represents. C. Each Board Member shall also have an alternate appointed by the legislative body of the Party represented by such Board Member. With the exception of the alternates to the Board Members representing the County of Orange, an alternate Board Member must also be a current member of the legislative body of the Party such alternate represents. An alternate Board Member shall assume all rights and duties of the absent Board Member. d. Each Board Member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a successor is named. Board Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the Party such Board Member represents subject, however, to the provisions of Section 3.2 a.(ii). e. A Board Member shall receive only such compensation from the Agency for his/her services as may be approved by not less than two - thirds (2/3) of the Board Members. f. A Board Member may be reimbursed for expenses incurred by such Board Member in the conduct of the business of the Agency. 3.3 Principal Office. The principal office of the Agency shall be established by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary of the Board under this Agreement but shall not be considered an amendment to this Agreement. 3.4 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each Party. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.5 Quoru m. Not less than two- thirds (2/3) of the Board Members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. -7- 3.6 Powers and Limitations Thereon. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the Parties as herein set forth. Unless otherwise provided herein, each Board Member or participating alternate Board Member shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate. 3.7 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board, and shall cause a copy of such minutes to be forwarded to each Board Member and to each Party. 3.8 Rules. The Board may adopt from time to time rules and regulations for the conduct of its affairs consistent with this Agreement. 3.9 Vote or Assent of Parties. The vote, assent, or approval of Parties in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such Party filed with the Agency. It shall be the responsibility of the Chief Executive Officer to obtain certified copies of said actions. 3.10 Officers. There shall be selected by the Board from its membership, a chairman and a vice chairman. The Board shall appoint a secretary who may be a Member. The Board shall appoint an officer or employee of the Board or an officer or employee of a Party to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers and the duties of, and shall perform the treasurer and auditor functions for the Agency and those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. The chairman, vice chairman, secretary, treasurer and auditor shall hold office for a period of one year commencing July 1 st of each year. Except for the Chief Executive Officer, any officer, employee, or agent of the Board may also be an officer, employee or agent of any of the Parties. The appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.11 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings shall be open to all Board Members, unless the presence of Board Members who are not members of such committee would violate the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.12 Additional Officers. The Board shall have the power, upon the approval of not less than two - thirds (2/3) of the Board Members, to appoint such additional officers as may be appropriate. Such officers may also be, but are not required to be, officers and employees of a Party. 3.13 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be so designated and empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer or persons be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. 3.14 Status of Officers and Employees. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers compensation, and other benefits which apply to the activities of officers, agents, or employees of any of the Parties when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any of the Parties or, by reason of their employment by the Board, to be subject to any of the requirements of such Parties. IV. FEES 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Parties. On or before the effective date of this Agreement (or, in the case of a new Party, on or before the date on which that Party becomes signatory to this Agreement), each Party shall require by ordinance the payment of a fee as a condition of issuance of a building permit within the Area of Benefit, for the purposes of defraying the actual or estimated cost of constructing major thoroughfares and bridges, in accordance with California Government Code Section -9- 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill/Eastern Transportation Corridors," attached hereto as Exhibit "A" and incorporated by reference herein. The imposition of said fee by each Party shall be a condition precedent to that Party's participation in the Agency, and each Party covenants to continue the imposition of such fees as required herein and as required by provisions of any applicable bond indentures. 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above- described fee program and may, upon approval of not less than two- thirds (2/3) of its Members, modify the fee to be imposed by the Parties hereto. Each Party shall impose said revised fee within one hundred twenty (120) days, and if a Party fails to impose said fees, repeals the enabling ordinance or fee requirement or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforementioned time period, whichever is sooner, such action shall be deemed the withdrawal of that Party from the Agency, subject to the conditions specified in Section 9.2 below. If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may provide that the board of directors of the Joint Transportation Corridor Agency shall be responsible for undertaking the annual or more frequent review of the above - described fee program, and shall have the power to modify the fees to be imposed by the Parties hereto upon approval of such modification by such board of directors in accordance with the terms of the Joint Transportation Corridor Agency Agreement. In such event, each Party shall impose said revised fee as provided herein as if such revised fee had been approved by the Board in accordance with this Section 4.2. 4.3 Payment. Each Party agrees to hold said fees in trust for the Agency, and to pay said fees to the Agency in quarterly payments, within sixty (60) days after the end of each quarter. The Board may authorize an audit of any Party to determine whether said payments of fees accurately reflect each Party's obligations under this Agreement. Unpaid fees shall bear interest at a rate to be determined by the Board. In the event that any Parry fails to remit said fees to the Agency, said failure may be deemed by the Board to be a withdrawal of that Party from the Agency subject to the conditions specified in Section 9.2 hereof. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a Party hereto regarding the appropriate amount of the assessment to the Agency, in accordance with the rules and regulations established by the Agency, which decision shall be final. In the event that any Party hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said Party in said action. -10- If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may authorize the Joint Transportation Corridor Agency to manage the finds collected pursuant to said fee program. In such event, each Party agrees (i) to hold said fees in trust for the Joint Transportation Corridor Agency, (ii) to pay such fees to the Joint Transportation Corridor Agency as provided herein with respect to the Agency, (iii) to permit the Joint Transportation Corridor Agency to audit such Party as provided herein with respect to the Agency, and (iv) that in the event any dispute arises as to the amount of fees assessed any person under the fee program, if the Joint Transportation Corridor Agency Agreement so provides, such dispute shall be managed by the Joint Transportation Corridor Agency and its board of directors in the same manner as described in the third paragraph of this Section 4.3 with respect to the Agency. 4.4 Compensation of Agency for Acquisition of Rights -of -Way. When it is within its power to do so, each Party shall be individually responsible for the preservation and acquisition by dedication pursuant to Title 7, Divisions 1 and 2 of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. Except as provided in Recital H of this Agreement, in the event that a Party fails to acquire these rights -of -way by the above - mentioned means after the route alignment for the San Joaquin Hills Transportation Corridor is established and accepted by the Agency, or fails to preserve such rights -of -way and property interests by the above - mentioned means which were established by the County of Orange prior to such establishment and acceptance by the Agency, that Party shall compensate the Agency for all costs (including attorneys' fees) incurred by the Agency in acquiring said rights -of -way and property interests. If the Agency has entered into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by Section 2.3 of this Agreement, the Joint Transportation Corridor Agency shall be entitled to enforce the respective obligations of each Party arising pursuant to this Section 4.4. LTA RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, financing, constructing, maintaining, repairing, managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when for any purpose otherwise permitted by law, the Board deems it appropriate. 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above (other than the Joint Transportation Corridor Agency) are formed, the chairman or his designate shall meet with the -11- chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the planning, financing and construction activities of the various agencies. 5.3 Lending and Borrowing Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and otherwise permitted by law, and serves the general purpose of improving transportation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to or from the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the Board Members. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on the loan. VI. BUDGET AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the Board Members, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts. All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board. 6.4 Expenditures Within Approval Annual Budget. All expenditures within the designations and limitations of the approved annual budget shall be made upon the approval of the Chief Executive Officer in accordance with the rules, policies and procedures adopted by the Board. Notwithstanding the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar property interests except upon the approval of not less than two - thirds (2/3) of the Board Members. No expenditures in excess of those budgeted shall be made without the approval of not less than two- thirds (2/3) of the Board Members to a revised and amended budget which may, from time to time, be submitted to the Board. -12- 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each Party no later than fifteen (15) days after receipt of said audit by the Board. VII. SECURITIES 7.1 Securities. Upon the approval of the Board, the Parties, or the Agency, may participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or any other applicable legislation. Other than the fees specified herein, no funds of a Party shall be utilized as security or as a source for the payment or redemption of any securities of the Agency without the consent of the legislative body of that Parry. Upon the approval of not less than two- thirds (2/3) of the Board Members, the Agency may participate in the above - mentioned statutory powers for bond financing of the fees specified herein; provided, however, that the fees collected by any Party may be excluded as security for or as a source for such financing if the Board, upon the approval of not less than two - thirds (2/3) of its Members, so provides. VIII. LIABILITIES 8.1 Liabilities. The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the Parties, unless expressly specified herein. 8.2 Hold Harmless and Indemnify. Each Party hereto agrees to indemnify and hold the Agency and the other Parties harmless from any liability for damages, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying Party or its employees. Where the Agency, the Board itself or its Members' agents or employees are held liable for injuries to persons or property, each Party's liability for contribution or indemnity for such injuries shall be based proportionately upon the fees paid by each Party. In the event of liability imposed upon any of the Parties or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the Parties in the performance of this Agreement, the contribution of the Party or Parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The Party or Parties directly -13- responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the Agency and all other Parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. If the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed, then each Party agrees to hold harmless and indemnify the Joint Transportation Corridor Agency, the board of directors of the Joint Transportation Corridor Agency, and the members of such board of directors of the Joint Transportation Corridor Agency, for all matters within the scope of the indemnities made by the Parties in this Section 8.2 with respect to the Agency, the Board and its Members, to the same extent as such indemnities are made to the Agency, the Board and its Members. - IX. ADMISSION AND WITHDRAWAL OF PARTIES 9.1 Admission of New Parties. It is recognized that public entities, other than the original Parties, may wish to participate in the Agency. Additional public entities may become Parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and upon the unanimous consent of the Parties evidenced by the execution of a written amendment to this Agreement, executed by all of the Parties, including the additional Party. 9.2 Withdrawal. It is fully anticipated that each Party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any Party, either voluntarily or involuntarily pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year, (ii) the fee program established by the Party pursuant to this Agreement shall remain in effect for a period of at least four (4) years after the adoption and for any additional period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees, including by way of illustration, but not limitation, bonds which have been issued or authorized for issuance by the Agency, and letters of credit or other reimbursement obligations owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency; (iii) said withdrawal shall not relieve the Party of its proportionate share of any debts or other liabilities incurred by the Agency prior to the effective date of the Party's withdrawal, nor any liabilities imposed upon or incurred by the Party pursuant to this Agreement prior to the effective date of the Party's withdrawal; and (iv) said withdrawal shall result in the forfeiture of that Party's rights and claims relating to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. -14- X. TERMINATION AND DISPOSITION OF ASSETS 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof as provided in this Section 10.1 or until the Parties shall have mutually rescinded this Agreement; provided, however, that the Agency shall continue to exist for the purposes of disposing of all claims, payment of debt service with respect to bonds which have been issued or which have been authorized for issuance and satisfaction of other covenants contained in the resolution and trust indenture relating to said bonds, reimbursement owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency and satisfaction of other covenants contained in reimbursement agreements with such financial institutions, establishment and collection of tolls and development fees, the maintenance of toll collection facilities and the facility in accordance with the California Department of Transportation agreements, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall occur upon the written consent of all of the Parties, or upon the withdrawal from the Agency of a sufficient number of the Parties to leave less than six Parties remaining in the Agency, or upon transfer of title to the corridor to the California Department of Transportation and full satisfaction of all outstanding financial obligations of the Agency. However, no such termination shall occur until all reimbursement obligations owed to financial institutions securing bonds have been paid and all other financial and contractual obligations of the Agency have been satisfied. 10.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the Board shall determine with the objective of returning to each Party or former Part a proportionate share of the contributions made to such properties by such Parties, less previous distributions, if any, provided however that said funds also shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each Party (excluding withdrawn Parties as provided in Section 9.2 hereof) a proportionate share of such funds equal to the percentage of the contribution made by each Party, less each Party's proportionate share of previous distributions, if any, provided that said funds shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. -15- XI. MISCELLANEOUS 11.1 Amendments. This Agreement may be amended with the approval of not less than three- fourths (3/4) of all Parties; provided, however, that no amendment may be made which would adversely affect the interests of the owners of bonds, letters of credit or other financial obligations of the Agency. 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Parties, shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by any ten or more of the Parties enumerated in the introduction of this Agreement. 11.4 Arbitration. Any controversy or claim between any two or more Parties, or between any such Party or Parties and the Agency, in respect to the Agency's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitration Association shall apply. The Party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Party and the Agency. Such notice shall designate as "respondents" such other Parties as the initiating Party intends to have bound by any award made therein. Any Party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other Parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA," shall submit simultaneously to the initiating and to all Parties named as respondents or filing a response therein, an identical list of names and persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each Party to the dispute shall have seven (7) days from the mailing date in which to cross off any names indicating the order of his or her preference, and return the list to the AAA. If a Party does not return the list within such time period, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Parties fail to -16- agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbitrator from other members of the panel without the submission of any additional list. The arbitrator shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. If the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by Section 2.3 of this Agreement, then each Party agrees that the arbitration provisions in this Section 11.4 shall apply to any controversy or claim between any such Party or Parties and the Joint Transportation Corridor Agency arising under, out of, or in relation to this Agreement. 11.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of Competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law. 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. 11.7 Assignment. The Parties shall not assign any rights or obligations under this Agreement without written consent of all other Parties. 11.8 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 11.9 Third Party Beneficiary. In the event that the Agency enters into a Joint Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by Section 2.3 of this Agreement, such Joint Transportation Corridor Agency shall be a third party beneficiary of the provisions of this Agreement creating obligations for the benefit of such Joint Transportation Corridor Agency. _17_ IN WITNESS WHEREOF, this Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency shall be effective as of the date that not less than three- fourths (3/4) of the Parties listed below have authorized execution hereof, as evidenced by the authorized signatures below, respectively. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD: Name: Clerk of the Board of Supervisors Date: APPROVED AS TO FORM: County Counsel IC Deputy Date: -18- COUNTY OF ORANGE By: Name: Date: ATTEST: Clerk of the City of Aliso Viejo By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: By: City Counsel -19- CITY OF ALISO VIEJO By: Mayor CITY OF COSTA MESA By: Mayor CITY OF DANA POINT By: Mayor ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor ATTEST: CITY OF LAGUNA NIGUEL Clerk of the City of Laguna Niguel By: Mayor By: Dated: APPROVED AS TO FORM: By: City Counsel -20- ATTEST: Clerk of the City of Laguna Woods By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: By: City Counsel -21- CITY OF LAGUNA WOODS By: Mayor CITY OF MISSION VIEJO By: Mayor CITY OF NEWPORT BEACH By: Mayor ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Santa Ana ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Counsel -22- CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor a F 223512_2.DOC MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Prepared by Environmental Management Agency Transportation/Flood Control Program Office July 1985 (Revised by Transportation Corridor, Agencies September, 1988, January, 1991 and June, 1997) Exhibit "A" 223512 2.DOC i TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary 1 I Background 4 II Description of Corridor 5 III Corridor Planning 6 IV Estimated Costs 7 V Overall Financing 10 VI Area of Benefit 11 VII Description of Area of Benefit (AOB) 13 VIII Fees 19 IX Deferral of Fees 28 X Criteria for Collection of Fees 28 XI Development Exactions& Credits 28 XII Annual Fee Adjustment 31 XIII City Participation in Fee Program 31 223512 2.DOC i LIST OF EXHIBITS EXHIBIT NO. TITLE PAGE I Area of Benefit Index Map with City 33 Boundaries II Resolution 82 -589, Transportation 34 -36 Corridor Development Policy III Area of Influence for Corridor Users, 37 San Joaquin Hills Transportation Corridor IV Area of Influence for Corridor Users, 38 Foothill/Eastern Transportation Corridors V Area of Benefit, San Joaquin Hills 39 Transportation Corridor VI Area of Benefit, Foothill/Eastern 40 Transportation Corridor VII Fee Program Share of Total Corridor 41 -42 Cost, SJHTC VIII Fee Program Share of Total Corridor 43 -44 Cost, F/ETC IX Cost Per Trip End Analysis, SJHTC 45 X Cost Per Trip End Analysis, F/ETC 46 XI Daily Vehicle Trip Generation Rates 47 -48 223512 2.DOC - ii LIST OF TABLES TABLE NO. TITLE IV -1 San Joaquin Hills Transportation Cost IV -2 Foothill/Eastern Transportation Corridor Cost VII -1 San Joaquin Hills AOB by Local Jurisdiction VII -2 Foothill/Eastern AOB by Local Jurisdiction VIII -1 Fee Program Share of Corridor Cost VIII -2 Adjusted AOB Trip Ends VIII -3 Fee Program Share by Land Use Category VIII -4 Area of Benefit Fees 223512 2.DOC iii ■MG)0 8 9 13 16 21 23 24 25 MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Executive Summary It can no longer be expected that facilities such as the San Joaquin Hills Transportation Corridor ( SJHTC) and Foothill/Eastem Transportation Corridors (F/ETC) can be fully funded from the traditional revenue sources used to construct southern California existing freeway network. Supplemental funding sources must therefore be developed if these important components of Orange County's transportation system are to be developed to provide relief to existing congested facilities and support orderly development within cities and unincorporated areas. Development fees represent a potential supplemental funding source. The development fee program is based upon Government Code Sections 50029, 66484.3 and California Constitution Article II, Section 7. The concept is furthermore based on the general principle that future development within prescribed benefit areas will benefit from the construction of the transportation facilities and should pay for them in proportion to projected corridor traffic demand attributable to the development. Future development within the benefit areas is expected to account for approximately 48% of the cost of the SJHTC and F/ETC. The remaining cost of the corridors, representing benefits derived by existing development within the benefit areas and corridor users outside the benefit areas, is proposed to be funded through traditional transportation funding sources such as existing federal and state programs, and additional, non- traditional sources, such as toll resources. No assessment of existing developed property is proposed. Corridor usage projections for several hundred traffic analysis zones within the County were developed as a tool to assist in defining the proposed benefit areas. Traffic analysis zones with 4% or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features closely approximating the pattern were used to describe the boundaries of the benefit areas. Two fee zones within each Area of Benefit were established based upon direct use of the corridors. Traffic analysis zones with 8% or more of their total trip making utilizing the corridor were defined in the higher fee zone (A). The remainder of the zones were defined in the lower fee zone (B). Assessment of fees on a traffic related basis was determined to be equitable. Trip ends were selected as the least common denominator and fees were established by dividing the proportion of corridor cost attributable to each fee zone by the total number of projected daily trip ends within each fee zone. Adjustments were made to trip ends between neighborhood commercial and residential land uses to reflect the relative benefit of neighborhood commercial development 223512 2.DOC to residences. Land uses were combined into three general land use categories (2 residential and 1 non - residential) for the purposes of applying fees to development projects. Presently, as of June 12, 1997, fees for each of the fee zones within the Areas of Benefit are: SJHTC* Zone A Zone B F/ETC ** Zone A Zone B Single Family Residential $3,133 /unit $2, 426 /unit $3,673 /unit $2,612 /unit Multi -Unit Residential $1, 824 /unit $1, 416 /unit $2,144 /unit $1,520 /unit Non - Residential $4.20 /sf. $3.11 /sf. $5.10 /sf. $2.96/sf. * The foregoing SJHTC fee rates shall be increased on July 1, 1998, and annually thereafter, by 2.667 % without further action by the Board. ** The foregoing F/ETC fee rates shall be increased on July 1, 1998, and annually thereafter, by 2.206% without further action by the Board. Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of their fees by the Transportation Corridor Agency pursuant to approved plans, specifications and phasing of the Agency, or by agreements with Parties executed prior to the effective date of the First Amended and Restated Joint Exercise of Powers Agreement creating the SJHTCA or the F/ETCA, as appropriate. The amount of credit neither will be adjusted with subsequent revisions to the fee program nor will additional fees based upon such subsequent revisions be required once such credit is memorialized by agreement. This credit may be transferred in accordance with the provisions of Section XI to subsequent owners of the property from which the credits were generated. Payment of fees for residential multi -unit rental projects may be deferred for a period of five years from issuance of a building permit. The developer must enter into an agreement to pay the fee in effect at the time payment is due and provide a security in the amount of the fee plus 15 %. Properties which are exempt from payment of property taxes will generally be exempt from payment of corridor fees. Governmental owned and constructed facilities and utilities will be exempt unless the facility is used for commercial or revenue generating purposes. Portions of seventeen cities are included within the benefit areas for the SJHTC and F /ETC in addition to portions of the unincorporated County of Orange. The County may adopt a fee 223512_2.DOC program only within the unincorporated areas. Participation by cities, therefore, is an important ingredient to a successful program that does not create inequities to property owners within differing jurisdictions. City and County cooperation is not only required in the adoption of a program and collection of fees, but should extend to decisions regarding expenditure of the funds. Joint Powers Agencies consisting of City and County members have been created to plan, design, finance, and construct the Corridors, and to determine the order of phasing of construction of corridor segments when developers are required to construct corridor improvements in lieu of payment of fees. All fees collected under this program will be deposited in accounts specifically for the transportation corridors to accomplish this purpose. 223512_2.DOC 3 MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS L BACKGROUND Government Code Sections 50029 and 66484.3 permit the establishment of local ordinances to require payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares in Orange County. Pursuant to the above provisions of the Government Code, the Board of Supervisors adopted Section 7 -9 -316 of the Orange County Codified Ordinances providing for the establishment of major thoroughfare and bridge construction fees to be paid by subdividers and building permit applicants in the County of Orange. On April 21, 1982, the Board of Supervisors, by Resolution 82 -598, directed the Environmental Management Agency (EMA) to begin analyzing potential Areas of Benefit, and to proceed with the establishment of a fee program. The Board, furthermore, determined that developers of subdivisions which contain portions of any transportation corridor, would dedicate right -of -way, grade and construct necessary portions of the corridor and participate in any established corridor fee. program. On February 15, 1983, the Board of Supervisors, by Resolution 83 -239, identified interim Areas of Impact for the San Joaquin Hills and Foothill/Eastern Transportation Corridors and directed EMA to require subdividers to enter into contracts to participate in corridor implementation pending establishment of a fee program. On January 30, 1984, the Orange County Planning Commission adopted Resolution No. 45 -83 recommending that the Board of Supervisors adopt Major Thoroughfare and Bridge Fee Programs for the San Joaquin Hills Transportation Corridor and the Foothill/Eastern Transportation Corridor. On October 3, 1984, the Board of Supervisors, by Resolution No. 84 -1462, adopted Areas of Benefit and Major Thoroughfare and Bridge fees within unincorporated Orange, County for the San Joaquin Hills and Foothill/Eastern Transportation Corridors. Subsequent cooperative analyses of the fee program by Orange County, Orange County Transportation Commission, the Building Industry Association of Southern California, Orange County Region, and cities within these Areas of Benefit 223512 2 DOC have led to the Fee Program defined within this report, and the formation of the San Joaquin Hills Transportation Corridor Agency and the FoothilUEastern Transportation Corridor Agency to implement such Fee Program and plan, design, finance and construct such corridors. The County and various cities within the Area of Benefit of the San Joaquin Hills and Foothill/Eastern Transportation Corridors formed two Joint Powers Agencies known as the San Joaquin Hills Transportation Corridor Agency and the Foothill/Eastem Transportation Corridor Agency. Necessary ordinances and resolutions to effect the Fee Program have been adopted by all parties of the Agency, and such program is now being fully implemented. II. DESCRIPTION OF CORRIDOR A TRANSPORTATION CORRIDOR is a high- speed, high volume, access - controlled multimodal facility with a median of sufficient width to be utilized for transit considerations such as fixed rail or high- occupancy vehicles, and facilities necessary for collection of tolls. The corridors will provide for high speed movement of vehicular traffic where projected volumes exceed major arterial highway capacities. These routes will function similar to freeways and expressways and should eventually be incorporated into the State Highway System. They are, therefore, designed to meet minimum State and Federal standards. In addition to the need for major transportation corridors generated by existing development, the relatively rapid growth and planned future development in Orange County also contributes directly to such need. Three such corridors (Foothill, Eastern and San Joaquin Hills) are included on the Master Plan of Arterial Highways (MPAH), and are a component of the Transportation Element of the Orange County General Plan and the Transportation Elements of the General Plans of all city Parties within which such corridors have been planned to be located. Transportation corridors are depicted on the MPAH map as either conceptually proposed or established alignments. These facilities are part of a planned traffic circulation system necessary to support development of the County in accordance with existing General Plan Land Use Elements of the County and City Parties. These facilities will also relieve recurrent congestion on major arterials and freeways in Orange County. The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned as a high - speed, high capacity, access - controlled transportation facility to serve local and regional traffic and transit needs. Its alignment was established in 1979 as part of the MPAH and Transportation Element of the Orange County General Plan. That alignment includes the Corona Del Mar Freeway (Route 73) in the Cities of Costa Mesa, Newport Beach and Irvine and extends southeasterly approximately 15 miles to 223512_2.DOC join the San Diego Freeway (I -5) between Avery Parkway and Junipero Serra Road near the City of San Juan Capistrano (see Exhibit I). It will be designed to comport with scenic highway standards and provide approximately six to ten general purpose travel lanes, with a median of sufficient width to accommodate future high- occupancy vehicle (HOV) lanes and special transit facilities, if required in the future. The central segment of the corridor will carry the greatest amount of traffic because there are a limited number of alternative parallel highway facilities. Traffic volumes on the south end of the corridor are lowest along the route as a result of countywide traffic orientation, which is generally to the north. Access to the corridor will be limited to approximately 12 grade- separate interchanges with arterial highways as well as provisions for future additional interchanges with arterial highways plus provisions . for future additional exclusive interchange ramps for HOV lanes. Additional bridges may be required as the corridors cross substantial canyons and water courses. The EASTERN TRANSPORTATION CORRIDOR is currently shown as a set of alternative preferred alignments and included in the Transportation Element of the Orange County General Plan. The preferred alternatives will be studied further as the environmental review process continues. The FOOTHILL TRANSPORTATION CORRIDOR is an established alignment between the Eastern Corridor and a point northerly of Ortega Highway and a conceptual alignment between that point and the San Diego Freeway (1 -5). As depicted on Exhibit I, the Eastern Transportation Corridor will intersect the Riverside Freeway (Route 91) between Weir Canyon Road and Gypsum Canyon Road extending southeasterly approximately 13 miles to a point southerly of the Santa Ana Freeway (I -5) in the Cities of Tustin and Irvine. The Foothill Transportation Corridor will originate at the Eastern Corridor between Santiago Canyon Road and Irvine Boulevard and extend southeasterly approximately 32 miles to the San Diego Freeway (I -5) below San Clemente in San Diego County. It is anticipated the Eastern Corridor will be a landscaped, grade separated scenic corridor which includes approximately six general purpose travel lanes and the Foothill Corridor, a landscaped corridor which includes four to six general purpose travel lanes with medians or other areas wide enough to accommodate HOV /Special Transit requirements if necessary. Access to the corridor will be limited to grade - separated interchanges with arterial highways plus provisions for future exclusive interchange ramps for HOV lanes. III. CORRIDOR PLANNING The level of facility planned in this report will support currently adopted land use plans of the County and Cities surrounding the corridors. In the event the Cities and County subsequently amend their existing General Plan Land Uses Elements, particularly in areas serving the Foothill and Eastern Corridors, those facilities may require adjustments in lanes to accommodate that growth. It is intended that the fee adopted under this program will be reevaluated if an additional level facility is needed 223512_2.DOC to serve increased intensities planned in adopted land use Elements of their General Plan. In the event that such intensities are decreased, and reduction in the level of facility then is still feasible in view of rights of way then acquired, planning, design, engineering and construction then completed and financing commitments made, such fee also will be re- evaluated. The majority of the length of corridor alignments fall within relatively undeveloped areas of the County. Exceptions to this are either end of the San Joaquin Hills Transportation Corridor and the central segments of the Foothill/Eastern Transportation Corridors. Each corridor traverses areas of hilly terrain. A majority of the areas traversed by the corridors is zoned Planned Community with tentative tracts in various stages of approval. An alignment was selected by the Board of Supervisors for the San Joaquin Hills Transportation Corridor on November 28, 1979 and the northwesterly segment of the Foothill Corridor on May 25, 1983. More detailed engineering work is currently underway on the San Joaquin Hills Transportation Corridor to refine the selected alignment and determine right -of -way requirements. Similar detailed engineering is also in progress for the northwesterly segment of the Foothill Transportation Corridor. Alignment selection studies also are underway on the Eastern Corridor and the southerly end of the Foothill Corridor between about Oso Parkway and I -5. It is proposed that all corridors will eventually be added to the State Highway System. State legislation (AB 86) has been signed into law which redescribes State Route 73 (Corona Del Mar Freeway) to include the San Joaquin Hills Transportation Corridor. Legislation (SB 2048 and SB 2049), Chapters 1363 and 1364, respectively, of the Statutes of 1988 also have been enacted which designates the Eastern and Foothill Transportation Corridors as State Routes 231 and 241, respectively. IV. ESTIMATED COSTS The construction costs include estimates for all corridor grading and general travel lane improvements including bridges, structural section, interchanges, partial landscaping, and arterial highway realignments dictated by the corridor alignments. The cost of grading general High- Occupancy Vehicle (HOV) lanes is included but not the cost of HOV structural section, bridges, median barriers or special access ramps. It is intended that implementation of any transit guideway or HOV facilities, if needed, would be provided from other funding sources. Other costs included for both Corridors include engineering design, administration, construction inspection, right -of -way acquisition and some financing costs. It is proposed that developers will dedicate the majority of right -of -way for the transportation corridors. The cost estimate includes a cost for the portion of the right - of -way which would exceed a standard major arterial highway constructed along the corridor alignment excluding slope easements. The portion of right -of -way 223512_2.DOC equivalent to a major arterial highway is excluded from the estimate to maintain a policy consistent with other arterial highway dedications. The cost of slope easements is excluded because of the wide variations between the natural terrain conditions and final development of adjacent lands, the inability to estimate the easement areas with certainty, and for consistency with existing arterial development policy. Right -of -way required to realign any intersecting arterial highway was also excluded from the cost estimate on the assumption that it will be dedicated in accordance with established development policy. The right -of -way to be included as part of the corridor cost was assumed to have a value of $50,000 /acre, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR ( SJHTC) The originally estimated cost of constructing the SJHTC to the standard of improvement as described in the previous section was based on the following estimates prepared for the County during the Phase II SJHTC study work, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. TABLE IV -1 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST Construction: Engineering & Admin.: Contingencies: Right Of Way (in excess of Major Arterial Hwy): Total (for purposes of Fee Program): $259,736,000 38,960,000 25,974,000 16,990,000 $341,660,000 As of December 1990, the remaining cost of constructing the SJHTC, exclusive of costs incurred to August 31, 1990, as estimated by Public Resources Advisory Group ( "PRAG ") and as set forth in the "Transportation Corridor Agencies Draft Final Report, Update of the Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills, Foothill and Eastern Transportation Corridors, December 5, 1990" (the "Deloitte Report") was $746,920,000. The Statement of Facts in Support of Findings of the Board of Directors of the San Joaquin Hills Transportation Corridor Agency Regarding "Resolution of the San Joaquin Hills Transportation Corridor Agency Approving an Annual Adjustment in the Area of Benefit Fees and Making Certain Findings Related to Annual Adjustment of the Area of Benefit Fees (597 -05)" (the "1997 SJHTCA 2235122,00-C Findings ") provides updated estimated cost information for constructing the SJHTC, as of June, 1997. B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS (F/ETC) The cost for constructing the Foothill/Eastern Transportation Corridors was originally estimated from information obtained from the Weir Canyon Park Road Study dated October, 1982, the Foothill Transportation Corridor Route ; Location Study dated December, 1982, and projection of costs from the San Joaquin Hills Transportation Corridor. Unit prices used in the cost estimates are considered to adequately estimate the cost in 1984 dollars. The original estimated costs, to be adjusted by the Agency in accordance with the California Construction Cost Index, are as follows: TABLE IV -2 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS COST Foothill Eastern Total Construction: $233,557,000 $143,526,000 $377,083,000 Eng. & Admin.: 35,033,000 21,528,500 56,561,500 Contingencies: 35,033,000 21,528,500 56,561,500 Right Of Way (in excess of Major Art. Hwy.): 14,151,000 11,790,000 25,941,000 Total (for purposes of Fee Program): $317,774,000 $198,373,000 $516,147,000 As of December 1990, as set forth in the Deloitte Report, PRAG estimated the remaining cost of constructing the F/ETC, exclusive of costs incurred to August 31, 1990, to be $1,699,240. The Statement of Facts in Support of Findings of the Board of Directors of the Foothill /Eastern Transportation Corridor Agency Regarding "Resolution of the Foothill /Eastern Transportation Corridor Agency Approving an Annual Adjustment in the Area of Benefit Fees and Making Certain Findings Relating to Annual Adjustment of the Area of Benefit Fees (F97 -05)" (the "1997 F/ETCA Findings ") provides updated estimated cost information for construction the F/ETC, as of June, 1997. 223512_2.DOC V. OVERALL FINANCING The Board of Supervisors has established a transportation corridor development policy (Exhibit II), also implemented by the Agency and all of its Parties, which defines the corridor implementation obligations of land development projects, and as noted in Section I of this report has indicated its general intent to require all new development to bear a portion of the costs of the corridors by payment of development fees (Major Thoroughfare Fee). Funds from other more traditional sources (e.g., existing state and federal taxes on motor vehicle fuel) and from other non - traditional sources (e.g., toll revenues) will be sought for the portion of the cost not funded by development fees. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to correspond with the route of San Joaquin Hills Transportation Corridor. Similar legislation has been approved by the Legislature (SB 2048 and SB 2049) and is pending signature by the Governor to place the Foothill/Eastem Corridors in the State Highway System. The San Joaquin Hills Transportation Corridor also has been designated as the "first phase" of a federal pilot project authorized by HR2, Surface Transportation Act of 1986, thereby making it eligible for a maximum of 35% federal funding, if approved by the California Transportation Commission in its State Transportation Improvement Program (STIP). This Major Thoroughfare & Bridge Fee Program focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. The statutes identified in Section I of this report which authorize the collection of development fees specify that an Area of Benefit (AOB) shall be established which encompasses real property, which will benefit from construction of the major thoroughfares and bridges. The method of determining the AOB and the share of total corridor costs proposed to be paid by new development in the form of fees is explained in Sections VI and VIII of this report. The originally estimated corridor costs, subject to adjustment as previously stated, and the portions allocated to new development through the Major Thoroughfare and Bridge (MT &B) fee program are: New Development Approximate Total Cost Share of Cost % San Joaquin Hills: $341,660,000 $165,500,104 48.4% 223512_2.DOC 10 Foothill/Eastern: $516,147,000 $250,228,066 48.5% As of December 1990, estimated corridor costs, subject to adjustment as previously stated, and the portion allocated to new development through the MT &B fee program were: New Development Fees Fees Approximate Collected to be Total Cost Share of Cost % to 8/31/90 Collected San Joaquin Hills: $ 746,920,000 $ 361,810 48.44 $39,510,000 $322,300,000 Foothill/Eastern: $1,699,240,000 $828,790,000 48.48 $74,160,000 $749,630,000 The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts related to the estimated corridor costs and the portion allocated to new development through the MT &B fee program, updated as of June, 1997. VI. In accordance with current Agency policy, new developments within the path of the transportation corridors will be conditioned to dedicate right -of -way and grade the corridor within the boundaries of the development, construct arterial overerossings for internal arterial highways and construct corridor travel lanes and interchange ramps required immediately for access to the development or for closure of short gaps in the transportation system. The estimated cost of these improvements including the estimated value of R/W dedication in excess of that required for a standard major arterial highway (excluding slope easements) will be considered as a credit against the required MT &B fees to the extent that these costs are included in the fee program. AREA OF BENEFIT In order to establish a MT &B fee program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits or recordation of final maps to defray the cost of the major thoroughfares and bridges. Construction of the transportation corridors will provide key facilities to ensure that the County's transportation system is in balance with both existing and future land uses. The benefits, therefore, accrue not only to those properties which generate a high demand for use of the corridor but those which will benefit from less congestion and delay on the arterial highway and freeway system serving the property. Implementation of a balanced transportation system, including the corridors, will, furthermore, benefit undeveloped properties by allowing approval of land use to the level in County and City General Plans. It is clear that both existing developed properties and undeveloped properties will benefit from construction of the transportation corridors. Development fees are 223512 2.DOC 11 proposed to finance a portion of the corridors proportional to the traffic demands, measured in trip ends, created by new growth. The portion of cost based upon existing trip ends represents the benefit to developed properties. Revenue for the cost allocated to existing development will be provided form public funding sources identified in Section V, "Overall Financing," of this report and, therefore, will not be assessed to individual properties. The methodology used to determine the AOB consisted of determining the influence the corridor had on trips made within the County. The analysis was conducted with a system of computer programs known as UTPS" (Urban Transportation Planning Systems). The computer programs were tailored for specific Orange County application and are commonly known as the SOCCS" travel demand model. The model subdivides Orange County and portions of adjacent Los Angeles County into more than 500 traffic analysis zones (TAZ). The model estimates the number of person trips each TAZ generates based on socioeconomic variables such as population, employment, income and number of housing units. These trips are then distributed from each zone to all other zones by a well - established procedure. The model then determines how many of these person trips will travel by auto, and finally assigns these auto trips onto a highway network. The socioeconomic data used in the AOB analysis is from the San Joaquin Hills Transportation Corridor Study and the Foothill Transportation Corridor Study. Using the trip- making data described above, a select link analysis (program UROAV) was performed to determine the number of corridor related trip ends which originate in, or are destined for, each traffic analysis zone (TAZ). These corridor TAZ trip ends were used in conjunction with the total TAZ trip ends (arterial highways plus corridor) to compute the percentage of trip ends by TAZ which use the corridor. The resulting percentages were posted on TAZ maps in 2% increments (Exhibits III and IV). The influence area for each of the corridors is quite pronounced at the 4% and greater trip use level as shown on the exhibits. The pattern of corridor usage becomes erratic below the 4% level. The determination of the AOB for each of the transportation corridors was based primarily on the above corridor influence areas. However, the following additional I/ UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel demand. 2.' South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by EMA/Transportation Planning Division. 31i UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment and analysis program. 223512_2.DOC 12 criteria were used to supplement the percent of corridor use data to analyze relative benefits: 1. Corridor trip ends exceed 1.75 trip ends per gross acre of the TAZ. 2. Total corridor trip ends per TAZ exceed 2,000. 3. Trip end growth within each TAZ exceeds 45 %. 4. Perceived direct and indirect benefits to the transportation system. Identifiable physical and planned features closely approximating the pattern of corridor usage were used to describe the boundaries of the benefit areas. Within each Area of Benefit, some lands were judged to receive more benefit than others from the construction of the corridors. Developments which create relatively high demands for use of the corridors were placed in a different fee zone within the Area of Benefit than other developments with less direct use. The boundaries . between the fee zones were determined utilizing the TAZ data on Exhibits III and IV. Traffic analysis zones where the percentage of corridor trip ends equals or exceeds 8% were defined as Zone A. Traffic analysis zones with less than 8% use were defined as Zone B. Zone A and B are depicted on Exhibit I. VII: DESCRIPTION OF AREA OF BENEFIT (AOB) The AOB's for the San Joaquin Hills and the combined Foothill/Eastem Corridors include both incorporated and unincorporated territory and generally encompass the southeasterly half of Orange County as illustrated on Exhibit I. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR A more detailed map of the San Joaquin Hills Transportation Corridor AOB is shown on Exhibit V. This AOB contains approximately 122 square miles. All or portions of the following cities are within this AOB: TABLE VII -1 SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION City Costa Mesa Dana Point Irvine Laguna Beach Laguna Hills Laguna Niguel Mission Viejo 223512_2.DOC 13 Area Included in AOB 3.2 sq. miles 22.2 5.6 Newport Beach San Clemente San Juan Capistrano Santa Ana City Subtotal Unincorporated Territory Total 8.3 3.8 8.2 2.8 54.1 68.3 ** 122.4 sq. miles * Included in the "Unincorporated Territory" area. * * Including the area within the new incorporated Cities of Mission Viejo, Dana Point, Laguna Hills and Laguna Niguel The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of the City of Newport Beach of the Pacific Ocean; thence along said external boundary defined by annexation nos. 843, 64, 897, 84 and 585 to its intersection with an extension of Fifth Avenue; thence northwesterly along said extension to Fifth Avenue; thence northwesterly along the centerline of said Fifth Avenue to Coast Highway; thence northwesterly along the centerline of said Coast Highway to the crossing of the Upper Newport Bay; thence along a line northerly through said Upper Newport Bay to the point where the Santa Ana -Delhi Channel (Facility FO 1) enters said Upper Newport Bay; thence along the centerline of Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence westerly along the centerline of said University Drive to Santa Ana Avenue; thence northerly along the centerline of said Santa Ana Avenue to Corona Del Mar Freeway (State Route 73); thence northwesterly along the centerline of said Corona Del Mar Freeway to the San Diego Freeway (Interstate Route 405); thence westerly along the centerline of said San Diego Freeway to Harbor Blvd.; thence northerly along the centerline of said Harbor Blvd. to MacArthur Blvd.; thence easterly along the centerline of said MacArthur Blvd. to Main Street; thence northerly along the centerline of said Main Street to Dyer Road; thence easterly along the centerline of said Dyer Road to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Edinger Avenue; thence easterly along the centerline of said Edinger Avenue to the Newport-Costa Mesa Freeway (State Route 55); thence southeasterly along the centerline of said Newport-Costa Mesa Freeway to Warner Avenue; thence southeasterly along the centerline of said Warner Avenue to Red Hill Avenue; thence southwesterly along the centerline of said Red Hill Avenue to Alton Avenue; thence northwesterly along the centerline of said Alton Avenue to Newport-Costa Mesa Freeway; thence southwesterly along the centerline of said Newport -Costa Mesa Freeway to the San Diego Freeway (Interstate 405); thence southeasterly along the centerline of said Interstate 405 to Interstate 5; thence southerly along the centerline of said 223512_2.DOC 14 Interstate 5 to its intersection with the prolongation of the southerly boundary of Rancho Mission Viejo (approximately at Via Escolar); thence southeasterly along the Rancho Mission Viejo boundary line as described by Record of Survey 9/15- 18 to the easterly corner of Tract No. 6381; thence westerly along the southerly line of said Tract No. 6381 to the easterly boundary at Parcel Map No. 80 -851; thence southerly along said easterly boundary of Parcel Map No. 80 -851 to Rancho Viejo Road; thence southerly along the centerline of said Ranch Viejo Road to Ortega Highway; thence easterly along the centerline of said Ortega Highway to La Novia Avenue; thence southerly along the centerline of said La Novia Avenue and its proposed extension to Tentative Tract No. 11648; thence southerly along the easterly boundary of said Tentative Tract No. 11648 to the boundary of Tentative Tract No. 11832; thence southerly along the easterly boundary of said Tentative Tract No. 11832 to the northerly boundary of Tract No. 8087; thence easterly and southerly along the boundary of said Tract No. 8087 to the boundary of Tract No. 9784; thence easterly along the northerly _ boundary of said Tract No. 9784 and the prolongation of said boundary to the boundary of the City of San Juan Capistrano; thence southeasterly along said city external boundary defined by Incorporation boundaries of April 19, 1961 and annexation nos. 105 and 24 and deannexation per City resolution 62- 11 -12 -2 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the Orange /San Diego County line; and thence southerly along said County line to the Pacific Ocean. Zone A Zone A is bounded on the south by the Pacific Ocean and is described as follows: Beginning at the intersection of the total Area of Benefit westerly boundary with the Pacific Ocean; thence along said total Area of Benefit boundary to Marguerite Avenue; thence northerly along the centerline of said Marguerite Avenue to San Joaquin Hills Road; thence easterly along the centerline of said San Joaquin Hills Road to Spyglass Hill Road; thence northerly along the centerline of said Spyglass Hill Road to San Miguel Drive; thence northerly along the centerline of said San Miguel Drive to Ford Road; thence northeasterly along the centerline of said Ford Road and its proposed northeasterly extension as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984, to Bonita Canyon Road; thence easterly along the centerline of said Bonita Canyon Road to the proposed southerly extension of Sand Canyon Avenue as shown of said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Sand Canyon Avenue to the westerly extension of Bake Parkway as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of said Bake Parkway to Laguna Canyon Road; thence southerly along the centerline of said Laguna Canyon Road to the proposed westerly extension of Santa Maria Avenue as shown on said 223512_2.DOC 15 Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Santa Maria Avenue and Santa Maria Avenue to Moulton Parkway; thence southerly along the centerline of said Moulton Parkway; thence southerly along the centerline of said Moulton Parkway to El Toro Road, thence northeasterly along the centerline of said El Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said El Toro Road to Paseo de Valencia; thence southeasterly along the center line of said Paseo de Valencia and its easterly prolongation to intersect Interstate 5 which is also the easterly boundary of the total Area of Benefit; thence southerly along said easterly boundary of the total Area of Benefit boundary to where it again intersects Interstate 5 in the vicinity of Camino Las Ramblas; thence northerly along the centerline of said Interstate 5 to San Juan Creek Road; thence westerly along the centerline of said San Juan Creek Road to Camino Capistrano; thence northerly along the centerline of said Camino Capistrano to Del Obispo Street; thence westerly along the centerline of said Del Obispo Street to Alipaz Street; thence southerly along the centerline of said Alipaz Street to Camino Del Avion; thence westerly along the centerline of said Camino Del Avion and its proposed westerly prolongation as shown on said Master Plan of Arterial Highways, to Crown Valley Parkway; thence southerly along the centerline line of said Crown Valley Parkway to Monarch Bay Drive; thence southwesterly along Monarch Bay Drive and its southwesterly prolongation to the Pacific Ocean. Zone B Zone B is described by the total San Joaquin Hills Area of Benefit excluding Zone A as described above. B. FOOTHILLIEASTERN TRANSPORTATION CORRIDORS A single Area of Benefit was selected for the combined Foothill and Eastern Transportation Corridors because of corridor usage patterns. A more detailed map of the Foothill/Eastern Corridors AOB is shown on Exhibit VI. This AOB contains approximately 291 square miles. All or portions of the following cites are included in the AOB: TABLE VII -2 FOOTHILL/EASTERN AOB BY LOCAL JURISDICTION City Anaheim Irvine. Lake Forest Mission Viejo 223512_2.DOC 16 Area Included in AOB 14.1 sq. miles 18.9 Orange 10.6 San Clemente 13.5 San Juan Capistrano 5.0 Santa Ana 2.8 Tustin 11.1 Villa Park 2.1 Yorba Linda 17.7 City Subtotal 95.8 Unincorporated Territory 194.7 ** Total 290.5 sq. miles * Included within the "Unincorporated Territory" area. ** Including the area within the newly incorporated Cities of Mission Viejo and Lake Forest. The AOB is bounded generally by the northerly boundary of the San Joaquin Hills Transportation Corridor AOB from the San Diego County Line to the intersection of the San Diego Freeway (State Route 405) and the Newport-Costa Mesa Freeway (State Route 55); thence northeasterly along the centerline of State Route 55 to Alton Avenue; thence southeasterly along the centerline of said Alton Avenue to Red Hill Avenue; thence northeasterly along the centerline of said Red Hill Avenue to Warner Avenue; thence northeasterly along the centerline of said Warner Avenue to State Route 55; thence northeasterly along the centerline of said State Route 55 to Edinger Avenue; thence westerly along the centerline of said Edinger Avenue to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Seventeenth Street; thence easterly along the centerline of said Seventeenth Street to State Route 55; thence northerly along the centerline of " said State Route 55 to the Riverside Freeway (State Route 91); thence northwesterly along the centerline of said State Route 91 to Tustin Avenue; thence northerly along the centerline of said Tustin Avenue to Jefferson Street; thence northerly along said Jefferson Street to the southerly city limits of Placentia; thence along the external boundary of said city limits defined by annexations nos. 69 -1, 76 -1, 71 -01, 65 -4, 63 -3, 6401, 65 -7, 63 -4, 63 -2, 64 -4, and 72 -2 to its intersection with Imperial Highway; Placentia to Imperial Highway; thence southwesterly along the centerline of said Imperial Highway to Valley View Avenue; thence northerly along the centerline of said Valley View Avenue and its prolongation to the southerly boundary of Chino Hills State Park; thence easterly along the southerly boundary of Chino Hills State Park to its intersection with the Orange /San Bernardino County line; thence southeasterly along the Orange County line to the boundary of the San Joaquin Hills Transportation Corridor Area of Benefit, 223512_2.DOC 17 ZONE A Zone A begins at the Orange /San Bernardino County line where said County Line intersects the centerline of the proposed extension of La Palma Avenue as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984; thence westerly along the centerline of said proposed La Palma Avenue to the proposed extension of Gypsum Canyon Road as shown in said Master Plan of Arterial Highways; thence southerly along the centerline of said proposed Gypsum Canyon Road to the Riverside Freeway (State Route 91); thence westerly along the centerline of said State route 91 to the northwesterly prolongation of the easterly boundary of the Wallace Ranch as shown in Orange County Record of Survey 2 -5; thence southeasterly along said prolongation of the easterly boundary of the Wallace Ranch and continuing southeasterly along said easterly boundary to the northeasterly comer of the Oak Hills Ranch as shown in said Record of Survey 2 -5; thence southeasterly along the easterly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 and continuing southwesterly along the southerly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 to the proposed southerly extension of Weir Canyon Road as shown on said Master Plan of Arterial Highways; thence southerly along said Weir Canyon Road to the north boundary of Tentative Tract No. 13627 in the City of Tustin; thence southerly along the centerline of Jamboree Road within Tentative Tract No. 13627 to Tustin Ranch Road; thence southerly along the centerline of Tustin Ranch Road within the Tentative Tract No. 12870 to Irvine Boulevard, thence easterly along the centerline of said Irvine Boulevard to Sand Canyon Avenue; thence southerly along the centerline of said Sand Canyon Avenue to the proposed realignment of Trabuco Road as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of said proposed realignment of said Trabuco Road to the proposed northerly extension of Muirlands Boulevard; thence along said Muirlands Boulevard to the centerline of Alton Avenue, thence northerly along the centerline of said Alton Avenue to Jeronimo Road; thence easterly along the centerline of said Jeronimo Road to Bake Parkway; thence northerly along the centerline of said Bake Parkway to Trabuco Road; thence easterly along the centerline of said Trabuco Road to Impressa Street; thence northerly along the centerline of said Impressa Street to Santa Margarita Parkway; thence easterly along the centerline of said Santa Margarita Parkway to the Proposed Antonio Parkway as shown on said Master Plan of Arterial Highways; thence southerly along the centerline of said Antonio Parkway to Ortega Highway; thence southwesterly along the centerline of said Ortega Highway to the proposed easterly extension of Avery Parkway as shown on said Master Plan of Arterial Highways; thence westerly along the centerline of said proposed extension and Avery Parkway to the Santa Ana Freeway where it intersects the common boundary between the Foothill /Eastern and the San Joaquin Hills AOBs; thence southeasterly along said common AOB boundary to the Orange /San Diego 223512_2.DOC 18 County line; thence northerly along the Orange County line to where it intersects the centerline of the proposed La Palma Avenue as shown on said Master Plan of Arterial Highways. ZONE B Zone B is described by the total Foothill/Eastern Area of Benefit excluding Zone A as described above. VIII. FEES In order to establish a corridor fee, it is necessary to determine who is to pay the fee, . the facility cost to be supported by fees and a basis or unit of measure for the fees. As has been previously stated, it is proposed that fees be paid by future development within the defined Areas of Benefit in reasonable proportion to the benefit derived. The corridor facilities will, of course, also benefit existing development within the Areas of Benefit. The share of corridor cost attributable to benefits derived by existing development is proposed to be funded from other sources. The following discussion describes the methodology used to arrive at the fee program's original fee amounts. As explained above, those amounts have been periodically reviewed and updated based upon revised data. A. Determination of Fee Program's Share of Corridor Cost The first step in calculating the fee program share of the corridor cost was to determine the percentage of corridor user trip ends that originate or end within the Area of Benefit which are attributable to new growth. Trip information derived from the SOCCS travel demand model was used for this analysis. This percentage was established as the developers share and multiplied by the total corridor cost to determine the fee program share of costs as shown in Table VIII -l. The fee program share of corridor cost was then separated into amounts representing direct and indirect benefits to the benefit zones (A & B Zones) based upon peak hour and non -peak hour travel characteristics. Approximately sixty -one percent " (61 %) of corridor trips are expected to occur during non- peak travel hours, thus representing a measure of the direct benefit from the corridors. Approximately thirty -nine percent s' of corridor trips are expected to occur during peak hours of travel, thus representing lessened congestion on the remaining transportation system. This system relief is defined as indirect benefit. 4% Caltrans, LARTS 1976 Urban Rural Survey. 5 ibid. 223512_2.DOC 19 The direct and indirect factors were used to identify the relative benefits between the A and B zones. The portion of fee program share representing direct benefit was divided between the A and B zones based upon the percentage of corridor user trips due to growth within each zone. The portion of developers share representing indirect benefit was distributed between the A and B zones based upon the percentage of total trip ends on the transportation system within each zone. The fees for the A and B Zones, therefore, include a measure of both direct and indirect benefits received by each zone. Exhibits VII and VIII show the method in which these calculations were made. The fee program share of the original estimate of Corridor Cost shown below represents an estimate of the share attributable to new development. It is expected that this share may change as future revisions are made to the fees. (As of January, 1991, shares were 48.44% for the SJHTC, and 48.48% for the F/ETC. The 1997 SJHTCA Findings and the 1997 F/ETCA Findings set forth additional facts related to the estimated corridor costs and the portion allocated to new development through the MT &B fee program, updated as of June, 1997.) 2235I2_2.1)OC 20 TABLE VIII -1 FEE PROGRAM SHARE OF CORRIDOR COST Total Corridor Cost ($) Developers Share ( %) Share ($) SJHTC Zone A 28.6% $97,856,775 Zone B 19.8% $672643,330 Total $341,660,000 48.4% $165,500,105 F/ETC 223512_2.DOC Zone A 25.8% $133,096,099 Zone 22.7% $117,131,975 Total $516,147,000 48.5% $250,228,066 B. Determination of Base Fee The cost attributable to future development must be reduced to a fee so that it may be apportioned in an equitable manner to specific types of development. Allocation of the cost on the basis of trip end generation by general land use category is proposed, where: cost apportioned to future development in the AOB zone = cost/trip end trip end growth in the AOB zone SJHTC F/ETC Zone A $97,856,774 = $74 /TE $133,096,091 = $80 /TE 1,321,160 1,665,922 Zone B $67,643,330 = $46/TE $117,131,975 = $43 /TE 1,462,093 2,730,730 The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used in the calculation were derived from the EMA Trip Generation Rates, shown in Exhibit XI. The projected growth in dwelling units was taken from the respective San Joaquin 21 Hills and Foothill Transportation Corridor studies. Projected growth in industrial /commercial floor space was generated from MMTS II 6 employment projections. C. FEE DISTRIBUTION Various land uses within the Area of Benefit have been grouped into three major categories for the purposes of distributing fees to individual developments, The three general categories used include residential single - family dwelling units, residential multi -unit dwellings, and non - residential land uses. The trip ends calculated for the non- residential land use category were a summation of more specific non - residential categories such as manufacturing, retail regional, neighborhood/community commercial, and office uses. The trip generation rates used to calculate the trip ends for each of these more specific non- residential land uses were averages of rates shown in Exhibit XI. Prior to the summation of the trip ends from each of the more specific non- residential land uses, an adjustment was made to the projected trip ends for neighborhood/community commercial land uses. This adjustment was an attempt to reflect the benefits to residential land uses which accrue from construction of neighborhood/community commercial development. Neighborhood /community commercial primarily benefits local residents by providing an opportunity to shop close to home. Many of the trip ends typically assigned to local retail uses are accounted for by these short trips arriving from and returning to residences. These residential- related trip ends actually provide savings in travel cost due to the short nature of the trip. Additionally, neighborhood/community commercial development tends to reduce energy consumption and traffic impacts. Residential land uses receive sufficient benefit from construction of neighborhood/community commercial development to distribute a portion of the trip ends attributable to neighborhood/community commercial development to residential land uses. For this reason, 60% of the trip ends attributable to neighborhood/community commercial development were reassigned to single family residential and multi -unit residential land uses as a measure of this increased benefit. The reassigned trip ends were split between single family and multi -unit residential land uses based upon their respective trip ends due to growth. The adjusted trip ends are as follows: 6' Employment projections adopted by the Orange County Transportation Commission. 223512_2.DOC 22 TABLE VIII -2 ADJUSTED AOB TRIP ENDS Land Use Category Zone A Generated Adjusted Trip Ends Trip Ends SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Single Family Residential Units 379,452 557,635 Multi -Unit Residential Unit ' 191956 285 051 Neighborhood/Community Coml 448,800 179,520 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Zone B Generated Adjusted Trip Ends Trip Ends 139,368 254,936 240,723 440,312 525,262 210,105 Single Family Residential 666,024 897,960 643,812 1,143,880 Multi -Unit Residential Units 160,377 216,238 248,906 442,221 Neighborhood/Community Coml 479,662 191,865 1 155 638 462 255 > , Once this adjustment was made, the fee program share of the total corridor cost for each of the three generalized land use categories was determined. The single - family residential and multi -unit residential share of the corridor cost was calculated first by multiplying the adjusted trip ends shown above by the appropriate cost per trip end as developed in Exhibits IX and X. The non- residential share of the corridor cost was calculated by using the difference between the total fee program share and the total residential share of the corridor cost. The fee program share of corridor cost by generalized categories is: 223512_2.DOC 23 TABLE VIII -3 FEE PROGRAM SHARE BY LAND USE CATEGORY Single Family Multi -Unit Total Developer's Residential Residential Non - Residential Share SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A $41,264,990 $21,093,922 $35,497,862 $ 97,856,774 Zone B $11,727,056 $20,254,352 $35,611,922 $ 67,643,330 FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Zone $71,836,800 $17,299,040 $43,960,251 $133,096,091 Zone B $49,186,840 $19,015,503 $48,929,632 $117,131,975 Once the fee program share of corridor cost by the three generalized land use categories was determined, a fee for each of these categories was determined by dividing each share by the appropriate number of residential units or areas of buildings, shown in Exhibits IX and X. Following is the final fee calculation for each of the three general land use categories for both A and B fee zones. 223512_2.DOC 24 TABLE VIII -4 AREA OF BENEFIT FEES Current Fee* Original (As of Land Use Original Fee Calculation Original Fee Rounded Fee 6/1_ 2/97) * The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.667% without further action by the Board. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A Single - Family $41,264,990 +31,621 units $1,305 /unit $1,305 /unit $3,133 /unit Multi -unit $21,093,922 +27,708 units $761 /unit $760 /unit $1,824 /unit Non - residential $35,497,862 + 20,021,185 sf $1.77 /sf $1.75 /sf $4.20 /sf Zone B Single Family $11,727,056 +11,614 units $1,010 /unit $1,010 /unit $2,426 /unit Multi -unit $20,254,352 +34,389 units $589 /unit $590 /unit $1,416 /unit Non - residential $35,661,922 +27,700,559 s£ $1.29 /sf $1.30 /sf $3.1Lsf Current Fee ** (As of Land Use Fee Calculation Original Fee Rounded Fee 6/12/97) "The following current fee rates increase on July 1, 1998, and annually thereafter, by 2.206% without further action by the Board. FOOTHILL/BASTERN TRANSPORTATION CORRIDOR Zone A Single - Family $71,836,800 +55,502 units $1,294 /unit $1,295 /unit $3,673 /unit Multi -unit $17,299,040 +22,911 units $755 /unit $755 /unit $2,144 /unit Non - residential $43,960,251 + 24,231,767 sf $1.81 /sf $1.80 /sf $5.10 /sf Zone B Single Family $49,186,840 +53,651 units $917 /unit $920 /unit $2,612 /unit Multi -unit $19,015,503 +35,558 units $535 /unit $535 /unit $1,520 /unit Non - residential $48,929,632+ 46,616,669 fees $1.05 /sf $1.05 1sf $2.96/sf 223512_2.130C 25 D. APPLICATION OF FEES When development fees are collected at the time of building permit issuance, the number of residential units or area of non - residential buildings will be known. The fees for each development will simply be calculated by multiplying the number of residential units or gross floor area of non - residential buildings times the appropriate land use category and the fee zone. Gross floor area shall be defined as total floor area including each floor of multiple story buildings within the outer footprint of the building as described on the building permit. Adjustments will not be made to traffic generation rates to reflect anomalies due to project design or other conditions. All land uses will be determined to be within the most appropriate of the three general land use categories. In the event an existing non - residential building is proposed to be expanded, the fee will be determined by the net increase of building area. If a non - residential building is converted to another non - residential use with no net increase in building area, no fees shall be required. Parking structures shall also be exempt from payment of fees since they do not generate a vehicular attraction in and of themselves. The following categories which receive exemptions from payment of property taxes will also be generally exempt from paying transportation corridor fees: (1) Church; (2) Religious; (3) College; (4) Welfare; (5) Wholly Exempt; (6) Other. The final determination of whether a property is exempt will be based upon verification of a property tax exemption for those specified categories on the latest Assessor's roll as define for Orange County by the State of California. Government -owned facilities or utilities shall be exempt from payment of fees to the extent that the facilities will not be used for generating revenue or commercial purposes. Examples of exempt public uses are city halls, park buildings, and other public buildings. Privately owned utilities will not be exempt from payment of corridor fees. Notwithstanding property tax exemptions, governmental -owned or constructed facilities (including but not limited to counties, cities and redevelopment agencies) which will generate revenue or be leased for commercial purposes shall pay fees in accordance with the established fee schedules. Examples of this include the revenue generating portions of airports, train stations, stadiums, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the event construction of these facilities is an expansion of an existing use, the fee shall be determined based upon the net increase of building area. 223512_2.DOC 26 All disputes over application of fees to specific projects or disputes over exemptions of projects from fee requirements shall be presented to the Joint Powers Agency described in Section XIII of this report for resolution. Examples of fee calculations: 1. The fee for a development consisting of 100 single - family detached units, 300 condo units and 25,000 s.f. of office and Neighborhood Shopping Center uses, calculated upon original rates, would be: San Joaquin Hills AOB (Zone A): (100 D.U. x $1305/D.U.) _ $130,500 (300 D.U. x $760/D.U.) _ $228,000 (25,000 S.F. x $1.75 S.F.) _ $ 43,750 Total fee for development if located in Zone A of SJHTC AOB = $402,250 Foothill/Eastem AOB (Zone B): (100 D.U. x 920/D.U.) _ $ 92,000 (300 D.U. x $535/D.U.) _ $160,500 (25,000 S.F. x $1.05 /S.F.) _ $ 26,250 Total fee for development if located in Zone B of Foothill/Eastem AOB = $278,750 2. Total fee for reconstruction of a 10,000 s:f office building to a 15,000 s.f. Neighborhood Shopping Center would be calculated as follows: San Joaquin Hills AOB (Zone B): (5,000 s.f. x $1.30 /s.f.) _ $ 6,500 Total fee for development if located in Zone A of SJHTC AOB = $ 6,500 Foothill/Eastern AOB (Zone A): (5,000 s.f. x $1.80 /s.f.) _ $ 9,000 Total fee for development if located in Zone A of Foothill/Eastem AOB = $ 9,000 223512_2.DOC - 27 IX. DEFERRAL OF FEES Fees may be deferred by the Parties for residential multi -unit rental projects or projects which include State or Federal requirements to provide units affordable to families with incomes less than 80% of the median income (Section VIII housing). The deferral may be for a period of five years from the issuance of building permits or the period of the State/Federal funding requirements beginning upon issuance of the first building permit. The fees to be paid shall be those in effect at the time of payment and shall be secured by an agreement and renewable letter of credit held by an escrow company, or cash or time certificate of deposit in the amount of fees plus 15 percent in anticipation of inflationary increases. X. CRITERIA FOR COLLECTION OF FEES The enabling ordinance provides for collection of fees as a condition of final map approval or issuance of building permits. Fees shall be collected prior to issuance of all building permits for new residential structures and commercial /industrial structures which establish new and enlarged floor space. Fees will not be required for remodeling or reconstructing existing structures to the same number of residential dwelling units or equal commercial building area. Fees will not be required for construction of retaining walls, patio covers, swimming pools or other non- inhabitable residential structures. XI. DEVELOPMENT EXACTIONS & CREDITS Development projects containing portions of transportation corridors within their, boundaries shall be required by condition of approval of the Cities or County Parties to accomplish the following: Dedicate right -of -way in accordance with schematic plans approved by the applicable Agency. 2. Grade corridor right -of -way in accordance with schematic plans approved by the applicable Agency and shown on the Tentative Tract Map and rough grading plans. Construct arterial overcrossings for internal arterials as determined by the applicable Agency. Width of overcrossing structure (i.e., number of travel lanes) is to be determined based upon vehicular and pedestrian traffic generated by the proposed project. 4. Construct corridor travel lanes and interchange ramps required immediately for access to proposed development or system continuity (closure or short gaps) in accordance with the corridor construction phasing plan adopted by 223512_2.DOC 28 the applicable Agency, or as otherwise approved by the applicable Agency. Number of lanes required is to be based upon traffic generated by proposed project. Participate, among other designated beneficiaries, in the San Joaquin Hills or Foothill/Eastern Transportation Corridor fee program. Subdivision in which right -of -way, grading and improvements are required for the transportation corridors will be eligible for credit toward payment of the MT &B fees to the extent that the costs were included in development of the fee program. Except when otherwise provided by an agreement entered into by a Party prior to the effective date of this First Amended and Restated Agreement, whenever subdivision approvals are conditioned upon requirements to grade or improve portions of transportation corridors or dedicate right -of -way in excess of Major Arterial Highway Standards, and these costs exceed fees that would otherwise be due, the developer shall enter into an agreement with the applicable Agency and county or applicable city prior to recordation of final tract or parcel maps to identify the difference in the dollar amount between the estimated costs of the grading, improvements, and/or right -of -way, and the calculated fees. Such agreements will establish the amount of reimbursement for which the developer is entitled. A developer shall be entitled to reimbursement after acceptance of improvements by the applicable Agency to the extent major thoroughfare and bridge fees are available for reimbursement after satisfaction of all other obligations of the applicable Agency for which major thoroughfare and bridge fees are required. Satisfaction of such reimbursement obligations, however, in the event funds used to construct corridor facilities in excess of fee obligations are derived from Assessment District or Mello -Roos Community Facilities District bonds shall be made to such districts in a manner which will reduce the amount of such bonds in proportion to the reimbursement payment made by Agency. Except for the initial issuance and sale of bonds by Agency, repayment of all existing reimbursement agreement obligations by Agency shall be funded by any subsequent bond issue and satisfied upon receipt of bond proceeds. If the estimated costs of the grading, improvements, and/or excess right of way are less than the calculated fee, a developer may relinquish credits in lieu of paying fees until credits are fully utilized with the remainder of the fee to be collected prior to issuance of building permits. In the event a development not requiring subdivision is conditioned to construct or grade portions of the transportation corridors or dedicate right -of -way, reimbursement agreements shall be executed prior to issuance of any building permits within the project boundaries. Developers will be allowed to apply credits earned on one project to another project within the same Area of Benefit owned by the same developer. In the event title to the land of a project changes, credits can be transferred to another developer with the 223512_2.DOC 29 title to the land upon written notification to the appropriate legislative body and applicable Agency that is a party to the reimbursement agreement. Credits will otherwise be non - transferable from one developer to another. Credits can be used for the purpose of reducing fees prior to completion and acceptance of grading, improvements or right -of -way dedication. However, except as otherwise provided herein, no reimbursements shall be made until all grading, improvements or dedication are completed and accepted by the Agency and funds are available for reimbursement as determined by the Agency. The guidelines for determination of fee credits are as follows: General Credit for right -of -way dedication, grading, and other improvements will only be given to the extent that the cost of such right -of -way or improvements are included in the calculation of fees in the Major Thoroughfare and Bridge Fee Program. 2. Right -of -Way Credit will be given for right -of -way dedication at the rate of $50,000 per acre, adjusted as hereinafter provided. As of June 12, 1997, the fee credit rate is $61,981 per acre for the SJHTC, and $58,262 per acre for the F/ETC, except for slope easements and a 120- foot -wide strip along centerline of the transportation corridor which would normally be required for arterial highway dedication (the "Creditable Acreage "). Beginning July 1, 1998, and annually thereafter, the foregoing fee credit rate for the SJHTC shall be increased by 2.667 %, and the foregoing fee credit rate for the F/ETC shall be increased by 2.206 %, without further actions by the Boards. Additional credit will be given for the Creditable Acreage in the amount of the difference from time to time existing between $75,000 and the then existing fee credit rates ( "Supplemental Credit'). Notwithstanding the foregoing, Supplemental Credits may not be used by developers to offset Development Fees until such time as the completed Corridor is opened to traffic, and all rights to reimbursement arising out of Supplemental Credits shall be subordinate to the liens of any holders of bonds issued by the TCA. Beginning on the date the entire Corridor is opened to traffic, interest on the value of the Supplemental Credits shall be calculated at the co- mingled rate earned by the Orange County Treasurer on general funds. Grading Credit will be given for earthwork, road and slope drainage, buttressing, stabilization, hydroseeding and erosion control within the right -of -way (hinge point to hinge point) excluding slope and drainage easements in an amount to be 2235I2_2.DOC 30 determined on a case by case basis according to current design and grading plans. 4. Drainage Credit will be given for drainage structures in accordance with lengths of pipe and unit prices estimated as costs in the fee program or for as -built structures which the Director, EMA or his designee determine are reasonable equivalents of the structures in the fee program cost estimate. Unit prices for as -built drainage structures in the fee program cost estimate. Unit prices for as -built drainage structures will be those used in the latest fee program cost estimate. Engineering and administration credit of 15% of the drainage structure credit will be added. Contingency credit of 10% of the drainage structure credit will be added. Terrace drains, downdrains and temporary drainage facilities or erosion control facilities are included in the average unit cost of grading. Other Improvements Credit will be given for other improvements at the rate at which the improvement was estimated in the fee program plus 15% for engineering and administration plus 10% for contingencies. The credit rates specified above will be revised whenever the corridor costs estimates are revised for the purpose of adjusting fees. Once fee credits are established by an executed reimbursement agreement, no further adjustments will be made to those credits because of revisions to the corridor cost estimates or fee adjustments. XII. ANNUAL FEE ADJUSTMENT It is intended that annually the fee programs be automatically adjusted by the Agencies as provided above, and further adjusted by the Agencies to reflect updated project cost estimates, substantial changes in general plan land use elements, or other pertinent information. In the event an annual evaluation of the fee programs causes fees to be reduced for any reason, reimbursements will not be considered for fees already paid. XIII. JOINT POWERS AGENCIES There are seventeen different cities within the proposed Areas of Benefit for the Foothill/Eastern and San Joaquin Hills Transportation Corridors. Joint Powers Agencies ( "Agencies ") consisting of City and County Parties have been formed for the purposes of planning, designing, financing and constructing the San Joaquin Hills and Foothill and Eastern Transportation Corridors. Fees collected by such Cities and 223512_2.DOC 31 the County will be deposited with the Agencies for such purposes. The Agencies will be responsible for administering fees collected under this fee program including any credits reimbursements called for in reimbursement agreements identified in Section XI of this report. 223512_2.DOC 32 z .t„ T �x N C T A M Y M 31 2 EXHIBIT 11 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA S April 21, 1982 6 On motion of Supervisor Kieder, duly seconded and carried, the 7 following Resolution was adopted: S WHETEAS, development of lands is occurring which contributes 9 directly to the need for transportation corridors; and 10 said development nay obstruct future right -of -way. for 11 the ran-sportation corridors; and 12 WEEREASe development benefitting from implementation of the 13 transportation corridors should contribute toward the cost generali5 14 in proportion to the need generated; and 15 WHEREAS, right-of-way for fhe transportation should be protect( s• Y 16 as development occurs; and m= 17 ' e grading should be accOmplishad, whenever possible, in Y 18 conjunction with the grading and development of surrounding property 19 and 20 WHEREAS, implementation of. logical increments of the corridor 21 should occur in conjunction with the land development process where, 22 the transportation needs of that development require those.facilit_e 23 for access; -.and 24 WHEREAS, development policies for the implementation of the 25 transportation corridor will provide a basis for planning of future 26 development and serve as notice to the public as to the future 27 locations of the corridors; ,a 28 (G:dh Resolution No. 82 -598 Transportation Corridors Development Policy � t, I NOI', THi..(c:r'ORE, BE IT RESOLVED that as a condition of abpro�•. 2 of subdivisions containing within their boundaries portions of 3 transportation corridors shown on the Transportation Element of 4 County General Plan the developer shall: 3 1. Dedicate right- of-way to County. 6 2. Grade corridor right-of-way in accordance with schematic 7 plans approved:-on.-the tentative nap and rough grading plans appro 6 by the Director, 22%. g 3. Construct arterial overcrossings for internal arterials. 10 Width of ovsrcrossing structure (i.e., number of travel lanes) is 11 be determined based upon vehicular and pedestrian traffic generate 12 by the proposed project. 13 4. Construct corridor travel lanes and interchange ramps 14 required immediately for access to proposed development or system J y1 I3 continuity (closure of short gaps). Number of lanes required i s 16 based upon traffic generated by proposed project. • =i 3, 17 S. Participate, Among other designated beneficiaries;.:ia am IS established corridor devel o eit fei program. Co- z x incurr`e' d purs ly to-Conditions 2 through 4 shall be creditable against fees. Costs 20 incurred pursuant to Condition 1 shall be creditable against fees 21 the extent that the develop_.e =t fee- program includes said right -o: 22 cost. 23 BE IT FURTHER RESOLVED that EMA is hereby directed to amend 24 appropriate sections of the Subdivision and Zoning Codes to impiez 23 this policy. 26 BE IT FURTHER RESOLVED that EHA is hereby directed to incorpc 27 in General Plan amendment elrments, zoning actions, area plans any 28 site plans recommendations appropriate for implementing this po1� 35 2 3 1 S 6 7 s 9 10 11 12 13 1{ 1s'' Y Y 16 a= 17 V 1s 19 20 21 22 23 2( 2s 26 n ,i Za <G: db EXHIBIT II RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA ` April 21, 1982 On Motion-of Supervisor Wieder, duly seconded and carried, the following Resolution was adopted: WHEREAS, development of lands is occurring which contributes directly to the need for transportation corridors; and WHEREAS, said development way obstruct future right -of- way -for the transportation corridors; and WHEREAS, development benafitting from implementation of the transportation corridors should contribute toward the cost generali3 in proportion to the need generated; and SEAS, sight- of-way for * the transportation should be protects as development occurs; and irEREAS, grading should be accomplished, whenever possible, in conjunction with the grading and development of surrounding propert-3 and SAS, implementation of. logical increments of the corridor should occur in conjunction with the land development process wheaei the transportation needs of that development require those `acilit_i for access; -and WHEREAS, development policies for the implementation of thc. .transportation corridor will provide a basis for planning of future development and serve as notice to the public as to the future locations of the corridors; Resolution No. 82 -598 Transportation Corridors Development Policy 34 1 2 3 { S. 6 7 s 9 to I 1, 12 , 13 f I 14 l J � I� 7 I • I Y s a= 17 Y bE IT ivkj'F.::k RESOLVED that ryA is hereby directed to begin analyzing potential areas of benefit as an adjunct to the Ora.nge Co Orange County Transportation Commission Transportation Finance Stu BE IT FURTHER RESOLVED d that affected cities be requested to adc similar policies. DE IT FURTHER RESOLVED that E & is hereby expeditiousl directed o. proceed y:vith the establishment of a fee program. is FPYES: 19 .O as 22 23 24 23 26 27 a 2s NOES: ASSESCI: ima STATE OF CALIFORt(IA COUKfT OF MANGE )) ss. Y. JUNE ALEXANDER, Clerk of the Board of Supervisors of hereby certify that the adore and foregoing Resolution Is s Orange County. Cali the said Board at a regular �tinQ thereof kald an y ft9Nlarl �adoot 19 82 and passed by a u the 21st dsy-of n{�rit vote of said IN Ul -THESS WEREDF. I have hereunto set x °ril 79 s2 °7 end a meal this 21st daY A UK EXAKNP Clerk o e'Board of Suaervi�nr Of Orange Covaity C�1iFaiz,ia z� 1 2 3I 5 6 7 Z 9 to II 12 13 14 bE IT it•h:Hi;h RESOLVED that EN,A is hereby directed_ to begin analyzing potential areas of benefit as an adjunct to the Orange Co Orange County Transportation Commission Transportation y- Inance Stud• BE IT FURTHER RESOLVED that affected cities be requested to adt similar policies. DE IT FURTHER RESOLVED that EMA is hereby directed to expeditiously:vith the "establishment of a fee program. .. 1 .r 3eli lE AYES: SUPEP.YISORS ZVMX TT IL UMMER' RALPH s. CLARK s xrm ROGER F 19 ,ro NOES: SUPERVISOPS 1i01� 21 AS SUM SUPERVISORS ER= NESTANDE A= THO:`SAS F_ RILEY STATE OF CALIFORNIA 22 COUNTY OF ORANGE 23 24 I. JUNE ALEXANDER' Clerk of the Board of Supervlsors of Orange Cour-ty, Cali hereby certify that the above and foregoing Resolution 22 the said Board at a aregula� was duly a�a2l�rgylairl adoot •tttiag thermf held on the 21st ' 19 lit passed by a an Mimo • diY'of vote of said �- Z - 26 IN WITNESS WHEREOF. Anvil 19 ?! grese:sta I hive hereunto set my tune and •: 21st - .gay 27 82bal'thls 28 a Clerk of•the�goard of Supervisor Of Orange•Cflu,�ty Cal'lifbrnir 36 „fir 3f � .i .. _. :.�� a ', ..� c�” r •. �:yy�+ ' -,A v �.rbs .frd• /�� � I:? �� �� IssL � � :_ r !; I a ^� ,I• i �� ���� a�Y r t� �• n� K J is I� f: .' '. ,_ ..: J J • r ��.. a��:.- -fie —��(- _ � r3 s ?��� _ •�� � yr � •� w. .. Z3m nIT VII page 1 of 2 tLE Vi,3GRA.`( SWM Or TOTAL. CORRIDOR COST SAN 3oAQOIN KMT S TRANSPORTATIC1t CORRIDOR Outside Zone A Zone n ADS Corridor User Trip+.;..: xit OOne or troth Earls In Zone Trips beginning and ending in soae Mips due to growth) 27,109 5,090 9,116 (Total trips) 298047 9,811 22,195 in/oat Tripe (,rips 8u4 to growth) 60145 25,834 - 49,798 (Total trips) 78,820 35,345 69,894 Out/in Trips (Sripa due to growth) 57,362 28,141 50,274 (Total trips) 730274 38,582 72,203 Trip Zpd Analysis 171,725 (Trip ands dne to growth) 6S,73S 118,304 (Total trip ends) 210,3.88 l3,S4! 186,487 (percent corridor TE due to growth) 61.701 70.291 63.4N (Perm oottibor users 42.881 ]3.081 38.CL ( percent Cocridot users TZ dos t® :growth)3 35.031 13.41% 24.1- 'Percent carribor TZ line to growth trip 4KAS �Q o TotAI 2peroeat corrider users TZ by mow TOW trip eel per sane Sassation of total trip ends ape corridor users TS doe to growth • percent TE doe to growth z -meat percent wrridoz users Tr by zone DT2O -19 41 f a n T „ C w O rt r1 � Q r1 C fV t : Y Y n t- .i Pi er in O H Y V O Y h H • s w f V . p h . P Y V a R R R f O H C. 0 0 H ►1 f \ f f� P1 O fV P .v r ._.p M 49 ( i H 4n on v >■■4�� u o n r ^� e o 1 /Y a. t R q. ► . im « c • r „ „ w 5 R R R w .. w O ip b .5 . x v x■ on to o O ■ v u • �,• tj r M H a O® 4 O w n a �' -W c5l an off . P Y . r M >. u u . t O O O y� v_ Y eo �+ g T w 11 P o .� . TT ro to z G r1 n O ob.R f� N O p . on ' x x 16 K • S ,4 O s4 C. go !► R R p T p.' p ►a . O R O „ .4 V O . M O.. � „ u ! V x „ H H p rf r4 O C w C Q x ■ T x I al Y ti r = p ® T T g V C Q v Q .., Y n 14 T Y °c w at +1 a.1 O JJ a ! d Y O y w Y V 0] t ..y C .� C ® Y � V P Q Q v a'i0.. .0 • O �ay w Y U i +C on .a 0. O a w ® M • ` F ►. D H Zc O O b r a XMIRIT Vi1I Page 1 of 2 TLL PROGM-4 SMUM OT TOTAL CORRIDOR COST i00THILL/USTL3N TRAHSP=ATiON CORRIDOR Zone A Corridor User Trips With One or Both Inds In Zone Trips beginning ind ending in'snna (Trips due to growth) 27,922 (Total trips) 21,200 In/Out Trips (Trips doe to growth) (Total trips) out/In Trips (Trips due to growth) (Total trips) Trip W Analysis CTrip, erbds.dm to growth) CTotaLl trip on") (Percent corr0or .. due to growth)l (Percent .. r. by Zone)'2 (Percent TE doe to growthi Zane $ 9,322 11,657 61,629 310320 80,763 46,004 75,449 83,823 199,922 220,966 a."I 38.1" 34.18E 33,648 45,760 Q3,612 315,074 72.66% 1.9.9st 14.301 Outside AOS 20,555 37,307 64,217 ta,s12 55,069 79,696 160,396 242,822 66.05% 41.52 27.42 3larcemt oorridoc users Ti: dm to growth - Percent TE due to-growth z percent cocridor users TE by zone DT20 -19 43 1 Wd w w w C • O ^ P1 V n h C C G • CL N V o Y Y n o n i P. n O r n .4 QY Y O • V O Y M n • w a V c an • s . f� w Ro r an v 61 - R R R +! .4 H+ 0 0 0 on N O �, wO = ..1M A .-1 4* wt logo, ow • wV h M N w O .-/ 44 n M � O n r O a, 1'�M A hf'1 V CE pQ« oz I;z R R 4 R ... do C v n o MM CLC ss• w f - i '.�4 •A7 o R R w b s e 4 x o x o • n o o rip Orly.. s w r < oo a ow .. £- �u o 3 m c woi v I Z. an w in w C° 4m o �. w .� o o o w vn �� vfn vw Y. .G aoiAs Sw a p f0 n p "' �� �� $. FA U a► 4M W. . R O f9 f+ O r C Rw f� N O O in .+ o .r o R R R O .r w .a °v R oo n o n �N .t Aj V x n O C q w n 14 r H r 1 V w V n .► .-� u ai ..i • t w w x u s x G tl M w1 t V Ij ^ C • C in U n n o i P1 -u+ O O u i c L C Q] .Yi t .Yn C Q P R1 J� i Cl UY a1 on . f /L O Y i • M 1 1 ti Lp • M Q a' o • H w � H .i � 0 O w 42 �a 8 M w •e ar O�77 e . �a C L e N ® CI a Y Y v H Fl QY ® 1 Y Y 1 Ad �e 1 a�. yv 1 � Y ~ C d C H ypAi b r V Y • H a L Y U . O v Y $o y Y e Y P I t o C e r N n H YI R q P V R O V r4 N f .-/ R V P P V O q O V In f q n H O �4 M Pf r 0 P1. 14 R w a♦ w T N V r r f T T w • T . .1 O C3 N .. 0 o e/ T .'1 R R H P N r .� w O w. P o .1 O N ► R H eq q e1 it o It P R H O R .r rt w �► w . s ® • rl U PTP Val, e 1 V f O R O O v T o P R P1 oHr+ w .. P9 N H ap O P P b R T tt O ♦ e a .d o N O f 1 N �O N �n NL • T . .1 O .4 N w 4 W4 N V 1 H • pf °J m q o Oq.1 • ,w 1el P Q 'in OO �n M ► • OF • M q V w T • V o v o ICx O V V ► o .r o s • .4 ♦ R ♦ H O P w • N .4 .+ r1 f H M x N nn r • o H 14 el R O M O A x N so • T x • +� 1 q c v a e e7 41 . e .r eyy as tl A �} pp t� p Q U ate. u 6 4 .( 6 O Y U 6 M C � H f1 M1 P9 N H ap O P P b R T tt O ♦ e a .d o N O f 1 N O .H .4 N �n NL o T . .1 R .4 N w ■ O 0 x • o u o v J3 O T o q as n• ' f O .-t R V F .4 q R i w x x a O � O q �n • v uw ..s 1 s. e e • c a si u d aps s / Y q O MC Q Ce 'h V R 1 e ar f u 11 O M 6 c t V s 4 c • a U Q U tl a U O H tl tl >w 4 a N M Q t a� s M � tl .g® a tl YO 0.tP Ha88S _C H r1 V tl® � 6 ice., c aiYU a / S •r w N h Y1r w OnA wf40 I \ Y r ~ r H a n � C CCCJJJ .7. A 6• t a . a •"/� .d V N0O wO P.dh.l N rf L C .re Y •"� n O N h N O q •f 10 w" w V •! 4 = � O woo o F pC P•NwP .dN. 4-4 U1.4 w r M •A vnnwr .a P Y f V rt 6F M K M M • M s O O P h N M M 0 0 p a env f f OR, 0 0 Y P � a 40 9A 14 V P w r O o./ wAl V .d V 'P •'1 N Y1 w OPN AZoP PwY4Pfr V .' •r o .w .1 ..1 fm o aM.+wso C C6 dl f+ h r .g® a tl YO 0.tP Ha88S _C H r1 V tl® � 6 ice., c aiYU a / S V V I \ Y r ~ r H a n � C CCCJJJ .7. A 6• t a . a �c7 M t6 I a L C .re Y S I i..• �'J CvYV am �x .g® a tl YO 0.tP Ha88S _C H r1 V tl® � 6 ice., c aiYU a / S V V I \ Y r ~ r H n � a.ono 6• t a . a �c7 M t6 a a S I i..• �'J CvYV I v . . q 4 = � O woo o F V V n � l4 N t a �c7 M t6 a a so •A O N O Y f V rt 6F M � A pp1 H F v � a V N b C dl f+ h y K K V � n g G M M ' �R P a� W �a c as w d H Li 4 _ O v 4 . a �c s • H V 4 • Y 4 • 4 C M M 4 or ox H � L • 4 0 4 o u 14 • V I t K K N .� V N ^ M w r 4 o s • V+ o v K o w to Y + r n N r w .I.1 v1 v F e-1 in V w r � o w o .e O N r an .+ w ^ N O N N V W O Y . r r o 43 f w o N 44 K K K f N V r r f f ! w o s • e O • K o w to V1 N r N r w .I.1 v1 v F O V . r w •. w r 40 o .e O N r an .+ .e ^ w N .4 V W O Y . r . a1 N 43 f Y M w o � w w e• I I I e O • f f O e1 .a f i a r a of o VI O V .d O O vfo F in f1 O N n 4w K � s N N C N � s f O 4 a F a r a of o VI O V .d O O vfo F in f1 O N n 4w K en Nf•n eo o r e% .a .n f w o . n O N N � N N s f O u N K K o w to f e- e .I.1 v1 v F O V . r w •. w u • x. o sea o V4 As an .4 fe o a r F IM s $w Y M w o in M C V. C Q • O M e p N w on in ~ g .. -w ..4w H K f • "V M x O r O x O O sm N 40 F w • N .'e •a ; .:.: A N r • o N 14 a V, �► •' N w w x -+ d M � f x w Y c w 4 As Y w 4 qe ou q3 y 4 $ s• ja .. Y < .J 0 O 4 ri N n �► V1 en Nf•n eo o r e% .a .n f w o . n O N N O N N N O f � u N K K t I .i .i b . x a o u o+ o w to f e- =� v F O 4 r w •. w x • x. • a fe F Y M M C C Q • O M 1A C M on • v A M e s u �O C V a y Y F x�H M �1 •C I i L N ai o .+ 4n 4n n n 4n N R i v C .4 a rl 14 • .4 2 4a r+ m a H �-1 C � +a 9 ox LE 4b h 9%wP 4n F N Y V 4N 4b M N P gn oev4n 0 4n 44+ 4n n Y hP :H P r ! C . 44 �V a L JU ~ O' M t; �= a e W a R C6 tJ Y 8 y B Sd ass.�c G � • t a.1 y v P t C a m ++ f u K � P i.4-4 b � a c JJ v u J x C K 0 1 N YMIY e.r .� n •+O4n0 nP +'� P O 4n n V V n P 4n . w nit N h4A O H •w� nwh 4n n �'+ V Nrl arl aMn F and N W PO'eN h N 14 N r a v 0 N P ono0% v.4 Wn o . . . voa•t> F O 4w i .4n v 14 F P V 4m 4n v 14 • N n _ o .-4 n n LA .r 4m 4n m an � 4n D 4 h N V tV P O V s Y Q� ♦ w w w ♦ n 4N 4r V e V h m in V.-1 M a � 0 O M w9 M n n r 4 P V .. 94 PI r/ ! •C I i L N ai o .+ 4n 4n n n 4n N R i v C .4 a rl 14 • .4 2 4a r+ m a H �-1 C � +a 9 ox LE 4b h 9%wP 4n F N Y V 4N 4b M N P gn oev4n 0 4n 44+ 4n n Y hP :H P r ! C . 44 �V a L JU ~ O' M t; �= a e W a R C6 tJ Y 8 y B Sd ass.�c G � • t a.1 y v P t C a m ++ f u K � P i.4-4 b � a c JJ v u J x C K 0 1 N YMIY e.r .� n •+O4n0 nP +'� P O 4n n V V n P 4n . w nit N h4A O H •w� nwh 4n n �'+ V Nrl arl aMn F and N W PO'eN h N 14 N r a v 0 N P ono0% v.4 Wn o . . . voa•t> F O 4w i .4n v 14 F P V 4m 4n v 14 • N n _ o .-4 n n LA v C9 4N F ® 4a D 4 i4 s Y J O M a � 0 O w9 M dc • \� O a N 4 Y D as ••�w, • (01 a o n ¢1+K alp as a z .r bt• 7 4 b wa a6 cu aJU y X K K O H v C9 4N F D 4 M a w9 M V � o n a z .r bt• � d a0. w, 4 u N H p 4w 4n y o c F � Ova 44s d N .a ... N n C P F h C p q Y F � h y N Y A F 4s. n V c n e- ye 4{ v y _ .i p LXH1alT xi Page 1 of 2 DAILY VffiCLE TRIP GENERATICS RATES ORAMZ CDONTY INVIRCMUMAL KMG NEE AGr -4CY August 1912 The folloving is a listing of vehicle trip generation rates used for planning purposes by the Lnvironmental Mana9ement Agency. These rates have been compiled from a variety of sources, including County conducted studies, and are.decmed representative of land uses within Orange County. 'TE/Xsf• is an abbreviation for trip ends per thousand square feat of gross building floor area. a=/A «e• refers to trip ends pez developed acre. INDUSTRIAL Light Industrial/Iardustrial mark xarehouse Dotal - Motal. �- assort Hotel (TIC Use) RELY lMOKAL Neighborhood Park Regional Task state Park Karim 'each Colf Coarse Camt24round Tennis Club Haquetball Club INSTITUTION llenentary School Junior High School High School Junior College Church - Weekday Church - Sunday Library 47 Tff/Lsf 13 5 25 11 u 42 TE/Acre 176 92 300 9 5 47 to 40 a0 Go 135 310 TL/Other. i 4 TE/Serth 350 TE/1000' 5 TE/Caspsi 43 TL/Court 31 TE/Court 1.0 TENS tuden 0.9 TE/Stude 1.4 TE /Stude 1.5 TE/Stud� 4 I O M R x M «M M i L C4 r/ o .o H t• nn M r . g rl N M a El M 7 MZ x All H H w h IN 4"1 V V wevt4h . . OO V on O •n •- H on W H r-.4 r h •-I f O f r N ... L n • ••r am �� a tT s er nose u in mom Y O Y M p 8V8g0 C e/ Y e O 1 1 \lk D • V . a M Gal Y Jd S • K • dc H v . 46 p V H w e f e •. r+�ov� • P1ef fV HH f f YI w H H V C-4 .4 ei •-1^ rl rl !1 h O ^ P M A F T 1'9 P e-1 w Z hO f"N h •4 P• if 1. O M P O A e 4K 90 -4 w O Mlovww^ .Mi V H r w v v F n h O ao _ o 1 ^ ^ w H H V N h b V e N Q N {+ ^ H •� H V O V r ®rN F an p, T� H H V •� F f e H h V Ss A p t M �{ e � w a • P f^ M h V E+ K p O M R x M «M M i L C4 r/ o .o H t• nn M r . g rl N M a El M 7 MZ x All H H w h IN 4"1 V V wevt4h . . OO V on O •n •- H on W H r-.4 r h •-I f O f r N ... L n • ••r am �� a tT s er nose u in mom Y O Y M p 8V8g0 C e/ Y e O 1 1 \lk D • V . a M Gal Y Jd S • K • dc H v . 46 p V H w e f e •. r+�ov� • P1ef fV HH f f YI w H H V C-4 .4 ei •-1^ rl rl !1 h O ^ P M A F T 1'9 P e-1 w Z hO f"N h •4 P• if 1. O M P O A e 4K 90 -4 w O Mlovww^ .Mi V H r w v v F n h O ao _ o 1 ^ ^ w f w h -0-0 e N G G N {+ • ®rN F H o N w A p t p �{ e � w a • C E+ K p g+V K vF... M rl .-t • ^ ap G L V V L O 44i7CKKO N f w h -0-0 G G 1a N w d C6 ^ O w w a . O 'O $a W r p w •� L O O h •► � w w I r CC w P E H O ■ u � H O y w F Y � � O O •! w At •O �1 Y� ^ e ~ C ^ F � ` •O • w W u X •� b EXHIBIT II Page 2 of 2 Land Use TL/Isf MMIC AL EOapital 1D Nursing Bone O"IC E TE /Acra TE/Other 200 Cenral Office is 240 Medical Office 75 ltasaa.rch Center ' 10 40 ALlAIL Discount store 65 Eardvare/lo.e Improvement 5o 550 Shopping Center - Regional s0 S00 ( 30 Acres) ShnVing Center - Ck ity 70 900 (10-30 acres) Sbopoing Center - Heighborbood 13S 1250 ( 10-Acres) R"taurant - Quality (i.e., Velvet Turtle, 110 Sungry Tiger, etc.) Rastaprant - Eigh Turnover (le., Bob'-9, 350 Desmy's, etc.) 7."taurant - rest rood (i.e., KacDonald's, 900 Carl's Jr., etc.) Automobile Sales 400 Service. Station Supernarket 125 Convaaiance Kzrkat (i.e., 7 -31, 550 stop i Co, etc.) S=ICES Sank - Walk In 1t0 Sank - Drive In 19S Savings and Loan - stalk In 65 ' Savings and Loan - Drive In 7S IRS:denD T20 -22 6/11/85 m 14 7E/Bed 3 TE/Bed 750 TE/Statioa .c 'ujillo, Rose Ann,. Fr gym: Amerson, Joyce S nt: Monday, October 11, 1999 11:49 AM T, : Trujillo, Rose Ann S 'eject: San Joaquin Hills Transportation Corridor Agency Ross' Ann, they need the original nd 3 certified copies of the executed amendment as well 3 certified copies of the resolution. Please send the information to Michaal Shonafelt, Esq. Nossaman, Guthner, Knox & Elliot, LLP 18101 Von Karmen Ave., Suite 1800 Irvine, CA 92612 If you have any additional questions, please let me know. ' 0 %fir- PV . -� Trujillo, Rose Ann From: Guy, Jan Sent: Thursday, October 07, 1999 5:42 PM To: Trujillo, Rose Ann Subject: FW: San Joaquin Hills Corridor Resolution Please. Jan - - - -- Original Message - - - -- / From: Amerson, Joyce A � 6 Sent: Thursday, October 07, 1999 5:38 PM To: Guy, Jan Cc: Shaw, Cristine; Gomez, Manuel Subject: San Joaquin Hills Corridor Resolution Jan, I am assuming that you are sending the resolution approved by the Council (at the October 4) meeting to the Corridor Agency. FYI, it is my understanding that Councilmember Franklin wanted this information sent back to the Corridor Agency before their next meeting which is scheduled for October 14. Please let me know if there is anything I need to do. Thanks! AMENDMENT NO.5 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation Corridor Agency imposed no term and conditions upon the participation of the City of Aliso Viejo as a party to the. Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the Cities of Dana Point, Laguna Niguel, Laguna Hills and the City of Laguna Woods, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 5 to such Agreement: (a) City of Aliso Viejo (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Hills (f) City of Laguna Niguel (g) City of Laguna Woods (h) City of Mission Viejo (i) City of Newport Beach follows: (j) County of Orange (3rd District) (k) County of Orange (5th District) (1) City of San Clemente (m) City of San Juan Capistrano (n) City of Santa Ana SECTION 3. Section 3.2 hereby is amended to read as (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above, the Cities of Aliso Viejo, Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana and the County of Orange (3rd and 5th Districts). ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors By: Chairman Board of Supervisors By: Dated: Approved as to form: County Counsel [continued on next page] ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor CITY OF LAGUNA NIGUEL By: Mayor ATTEST: Clerk of the City of Laguna Woods By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: City Counsel CITY OF LAGUNA WOODS Bv: Mayor CITY OF MISSION VIEJO Bv: Mayor CITY OF NEWPORT BEACH By: Mayor ATTEST: Clerk of the City of Aliso Viejo By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: City Counsel CITY OF ALISO VIEJO Bv: Mayor CITY OF COSTA MESA By: Mayor CITY OF DANA POINT By: Mayor ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Santa By. Z Dated: G7 APPROVED AS TO FORM: By: Cit Counsel CITY OF SAN CLEMENTE Bv: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor CI By kdo /7/20/01 RESOLUTION NO. 2001 -058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTA T ION CORRIDOR AGENCY BE-IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The County of Orange (Districts 3 and 5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988. B. The incorporation of the City of Aliso Viejo became effective on July 1, 2001. C. At a public hearing on July 24, 2001, the City of Aliso Viejo enacted Ordinance No. 2001 -011 adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement, and adopted Resolution No. 2001 -041 establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement. D. The City of Aliso Viejo has requested admission as a party to the Agency. E. Section 9.1 of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Aliso Viejo, is required to admit the City of Aliso Viejo as a Party. Section 2. In anticipation of the events recited above, and in order to enable the City of Aliso Viejo to participate fully in the Agency's Board meeting on September 13, 2001, the Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest Amendment No. 5 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached Resolution No. 2001 -058 Page 1 of 8 hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth herein. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4t" day of September, 2001. AYES NOES ABSTAIN APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kyle .Odette Lid' Deputy City Attorney Councilmembers: Bist Christy Franklin McGuigan Pulido. Solorio (6) Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Alvarez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2001 -058 to be the original resolution adopted by the City Council of the City of Santa Ana on September 4 2001. Date: Resolution No. 2001 -058 Page 2 of 8 iu -I—)� Clerk of the Council City of Santa Ana CONSENT CALENDAR 25.C. AGMT NO. 2001 -184 - MAINTENANCE AND SERVICE OF UNINTERRUPTABLE POWER SYSTEM — POLICE DEPARTMENT - With MGE UPS Systems for the maintenance and service of emergency uninterruptable power systems of the Police Department Administrative and Holding Facilities for a one -year period, with a provision for two one - year extensions, in an annual amount not to exceed $10,600.00 - Police Department 25.D, AGMT N0. 2001 -186 - ANIMAL SHELTER SERVICES - With Santa Ana Shelter on a month -to -month basis for a maximum of four months in an amount not to exceed $135,000.00 - Police Department LAND USE MATTERS FINAL PARCEL MAPS 33.A. FINAL PARCEL MAP NO. 2001 -117: 1901 AND 1921 EAST ALTON AVENUE Motion: Approve Final Parcel Map No. 2001 -117 and accept the release and relinquishment of vehicular access rights for the public street frontage except at approved vehicular access locations - Public Works Agency Applicant: Orix Searless Santa Ana Venture ** END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55.A. AGMT NO. 2001 -185: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY - 5TH AMENDMENT TO ADD THE CITY OF ALISO VIEJO Motion: Adopt resolution, RESOLUTION NO. 2001 -058 - A resolution of the City Council of the City of Santa Ana authorizing the Mayor to execute Amendment No. 5 to the First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency CITY COUNCIL MINUTES 332 SEPTEMBER 4, 2001 75.A. BUSINESS CALENDAR MOTION: Bist SECOND: McGuigan VOTE: AYES: Bist, Christy, Franklin, McGuigan, Pulido, Solorio (6) NOES: None (0) ABSENT: Alvarez (1) PUBLIC HEARING CREATING A SEWER ENTERPRISE FUND AND SERVICE CHARGE To consider adopting an ordinance creating a Sewer Enterprise Fund and approving a resolution establishing a sewer charge to be applied to metered water consumption at the rate of $.12 per water billing unit Legal Notice published in the Orange County Register on August 24 and 31. 2001' Presentation of staff report by Water Resource Manager Thom Coughran Presentation of written communication by Clerk of the Council: Letter of opposition received from LA Properties, Lance Anderson Paul Guzman, and Oscar Garza, representing the Washington Square Neighborhood Association spoke in favor of the sewer enterprise fund and service charge Vivian Martinez, Bill Todd, and Florence Leach spoke in opposition of this matter Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2479 - An ordinance of the City Council of the City of Santa Ana adding Article XVII to Chapter 13 and Sections 39- 55.1 -39 -55.5 to the City's code, establishing a Sewerage Service Enterprise Fund and Sewerage Service Fee 2. Adopt resolution. RESOLUTION NO. 2001 -0059 - A resolution of the City Council of the City of Santa Ana setting the amount of the Sewer Service Fee established pursuant to Section 39 -55 of the Santa Ana Municipal Code and adding said fee to the Miscellaneous Fee Schedule CITY COUNCIL MINUTES 333 SEPTEMBER 4, 2001 AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna Woods as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: "THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Laguna Woods and the City of Laguna Hills, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement: (a) City of Costa Mesa (b) City of Dana Point (c) City of Irvine (d) City of Laguna Hills (e) City of Laguna Niguel (f) City of Laguna Woods (g) City of Mission Viejo (h) City of Newport Beach (i) County of Orange (3rd District) 0) County of Orange (5th District) (k) City of San Clemente Agreement #99 -021 (1) City of San Juan Capistrano (m) City of Santa Ana" SECTION 3. Section 3.2 hereby is amended to read as follows: f _ -in (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above, the Cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana and the County of Orange (3rd and 5th Districts)." ATTEST: Clerk of the Board of Supervisors c By: Dated: Q APPROVED AS TO FORM: By: County Couns Agreement #99 -021 COUNTY OF ORANGE B Y: -'� 1' Chairman Board of Supervisors 4 Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now en file in ouroff Ica. e Oate: Kathy Besnard, Assistant secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk of the City of /Costa Mesa By: Dated: + 6 192`_ APPROVED AS TO FORM: By:Z City Attorney �. ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Attorney Agreement #99 -021 3 , t[ CITY OF COSTA By: Mayor COUNTY OF IRVINE By: Mayor CITY OF LAGUNA HILLS C Mayor I, Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now an file in our office. Date: C dD Kathy Besnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Irvine By:L Dat d: CITY OF COSTA MESA C Mayor IyA t4_ I/ C-�5 F RVINE, 2 By ayor 'HE FOREGOINU INSTRWENT IS A FULL, TRUE, AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE ATT ECT�.._........ . to tl „� i CITY CLERK OF THE CITY OF IRVINE, CA. CITY OF LAGUNA HILLS Clerk of the City of Laguna Hills By: Mayor C Dated k Kathy 8esnard, hereby certify the foregoing APPROVED AS TO FORM: instrument the origi al instrument now on file in our office, By: pate: City Attorney Kathy Basnard, Assistant Secretary San joaquln HMIs Transportation corridor Agency Agreement #99-021 3 ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of th• City of Duna Hills By: -4� JK8 Mary -',son Dated: a APPROVED AS TO FORM: By: � � `�� z` W City Attorneyy Lois E. Jeffr y Agreement #99 -021 CITY OF COSTA MESA Mayor COUNTY OF IRVINE Mayor CITY OF LAGUNA HILLS Mayor Cynthia D. Greengol Ir Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: - '1' "L0. --t�. Kathy Qesnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk f Laguna Niguel By: _M, API By:` io ATTEST: Clerk of the City f Laguna Woods By: D ed• APPROVE —/� By: &yt. City Attorney ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: City Attorney Agreement #99 -021 CITY OF L JOODS By ayor Pro em CITY OF MISSION VIEJO g Mayor 1, Kathy Besnard, hereby certify the foregoing instrument to be a full, true and correct copy of the original instrument new on file in our office. Date: q/oci Kathy Besnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk of the City of Laguna Niguel C Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City 9f Laguna Woods APPROVED A S TO FORM: By: A5 t , City Attorney ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: IC City Attorney CITY OF LAGUNA NIGUEL IC Mayor CITY OF L A WOODS By. ayor Pro em CITY OF MISSION VIEJO C Mayor 1, Kathy Besnard, hereby certify the foregoing instrument to be a full, true and correct copy of the original instrument noow�on file in our office. Date: =a q D f'vr� iE'. l� Ka thy Besnard, Assistant tary San Joaquin Hills Transportation Corridor Agency Agreement #99 -021 4 ATTEST: Clerk of the City of Laguna Woods By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST Clerk of the City of Mission Viejo By: Dated: j i of APPROVED AS TO FORM: By: City Counsel ATTEST: /L G CITY OF LAGUNA WOODS By: Mayor CITY OF MISSION VIEJO M or CITY OF NEWPORT BEACH Clerk of the City of Newport Beach By: By: Dated: APPROVED AS TO FORM: By: City Counsel Agreement 999 -021 Mayor 1, Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: Kathy Besnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency 4 - ATTEST: Clerk of the City of Newport Beach By : M, Dated: %/a -71 �/ ! j APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Attorney CITY OF N , PORT BE}ACH ` By: � K/ &'/ Mayor CITY OF SAN CLEMENTE C Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor 1. Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: 5L2 Kathy Besnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency Agreement #99-021 5 ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST Clerk of the City of San Clemente By: t✓ 0&xl Dated: APPROVED AS TO FORM: By: city ttorne ATTEST: Clerk of the City of San Juan Capistrano C Dated: APPROVED AS TO FORM: By: City Attorney Agreement 499 -021 CITY OF NEWPORT BEACH Mayor CITY OF SAN CLEMENTE By: tom. Mayor CITY OF SAN JUAN CAPISTRANO C Mayor 1, Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: Kathy Eesnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk of the City of Newport Beach C Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Clemente C CITY OF NEWPORT BEACH Mayor CITY OF SAN CLEMENTE Mayor Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY Clerk the, >Cityof S Juan Capistrano By: By Dated: 10 5.99 APPROVED AS TO FORM: By: q — City Attorney Agreement #99 -021 5 ISTRANO John Greiner 1, Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: J Kathy easnard, Assistant Secretary San Joaquin Hills Transportation Corridor Agency ATTEST: Clerk of the City of Santa Ana By: Dated: —/0/, 3 7 g g Agreement #99 -021 CITY OF /�SA TA AN By:�� r 1, Kathy Besnard, hereby certify the foregoing Instrument to be a full, true and correct copy of the original instrument now on file in our office. Date: cab Kathy SesnarA, Assistant Secretary Stn Joaquin Hills Transportation Corridor Agency RESOLUTION NO. 1999 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POrhERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange (Districts 3 and .5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement". and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Woods became effective on March 24, 1999; and WHEREAS, at a public hearing on May 5, 1999, the City of Laguna Woods enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on August 18, 1999, the City of Laguna Woods adopted a Resolution establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City of Laguna Woods has requested admission as a party to the Agency; and WHEREAS, Section 9.1. of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Woods, is required to admit the City of Laguna Woods as a Party. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA that in anticipation of the events recited above, and in order to enable the City of Laguna Woods to participate fully in the Agency's Board meeting on October 14, 1999, the City of Santa Ana hereby authorizes its Mayor to execute and City Clerk to attest Amendment No. 4 to the First Amendment and Restated Joint Resolution No. 1999 -066 Page 2 of 2 Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit "A" and incorporatediherein by reference. ADOPTED this 4th day of October , 1999. j tC. Guy rk of the Counci /1 COUNCIL MEMBERS: Mi 1 A. 1Pulido M or Pulido Lye APPROVED AS TO FORM: Lutz Aye Joseph W. Fletcher Bist Ave City Attorney Christy Ave Franklin Aye McGuigan Aye Moreno Ayp Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY a PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution �c 5 _ v �� to be the original resolution adopted by the City Council of the City of Santa Ana on Date: o rk of the Cour ci . ity of the Ana RESOLUTION NO. 1999 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF PO *ERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange (Districts 3 and 5) , and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency ") , which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Woods became effective on March 24, 1999; and WHEREAS, at a public hearing on May 5, 1999, the City of Laguna Woods enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on August 18, 1999, the City of Laguna Woods adopted a Resolution establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City of Laguna Woods has requested admission as a party to the Agency; and WHEREAS, Section 9.1. of the Agreement provides that the unanimous consent of the Parties to such an Agency,,evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Woods, is required to admit the City of Laguna Woods as a Party. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA that in anticipation of the events recited above, and in order to enable the City of Laguna Woods to participate fully in the Agency's Board meeting on October 14, 1999, the City of Santa Ana hereby authorizes its Mayor to execute and City Clerk to attest Amendment No. 4 to the First Amendment and Restated Joint REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 1999 TITLE: RESOLUTION APPROVING AMENDMENT NO. 4 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE A-7- '? p. Lion 1st RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading RL Implementing Resort ° 0,J 1199 ❑ Set Public Hearing For CONTINUED TO FILE NUMBER ( A g Fsc -* 1qq C)& (b Adopt a resolution approving Amendment No. 4 'to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San. Joaquin Hills Transportation Corridor Agency ". DISCUSSION The City of Laguna Woods was incorporated on March 24, 1999. Subsequently, they have fulfilled the membership requirements for inclusion in the San Joaquin Hills Transportation Corridor Agency. In accordance with Section 9.1 of the Corridor Agency Agreement, Laguna Woods has enacted resolutions and ordinances adopting the Major Thoroughfare and Bridge Fee program and establishing the Areas of Benefit, estimated costs and required fees. The City of Santa Ana is a member Agency of the San Joaquin Hills Transportation Corridor Agency and unanimous consent of all Parties is required for any changes to the agreement. City Council approval is requested to adopt a resolution approving Amendment No. 4 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency" authorizing the City of Laguna Woods as a member agency. FISCAL IMPACT is no fiscal impact with this action. ive l.ic Works Agency JA /San Joaquin /Debra Kurita -RFC Page 53 55.A. RESOLUTION NO. 1999 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange (Districts 3 and 5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Woods became effective on March 24, 1999; and WHEREAS, at a public hearing on May 5, 1999, the City of Laguna Woods enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on August 18, 1999, the City of Laguna Woods adopted a Resolution establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City of Laguna Woods has requested admission as a party to the Agency; and WHEREAS, Section 9.1. of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Woods, is required to admit the City of Laguna Woods as a Party. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA that in anticipation of the events recited above, and in order to enable the City of Laguna Woods to participate fully in the Agency's Board meeting on October 14, 1999, the City of Santa Ana hereby authorizes its Mayor to execute and City Clerk to attest Amendment No. 4 to the First Amendment and Restated Joint 55.A. Page 54 Resolution No. 1999 -066 Page 2 of 2 Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit "A" and incorporated herein by reference. ADOPTED this Janice C. Guy Clerk of the Council COUNCIL MEMBERS: Pulido Lutz Bist Christy Franklin McGuigan Moreno day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange 1999. I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Page 55 55.A. AMENDMENT NO.4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna Woods as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: "THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Laguna Woods and the City of Laguna Hills, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement: (a) City of Costa Mesa (b) City of Dana Point (c) City of Irvine (d) City of Laguna Hills (e) City of Laguna Niguel (f) City of Laguna Woods (g) City of Mission Viejo (h) City of Newport Beach (i) County of Orange (3rd District) 0) County of Orange (5th District) (k) City of San Clemente 5 5 : ■ t #99 -021 1 Page 56 (1) City of San Juan Capistrano (m) City of Santa Ana" SECTION 3. Section 3.2 hereby is amended to read as follows: � (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above, the Cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana and the County of Orange (3rd and 5th Districts)." ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors By: Chairman Board of Supervisors By: Dated: APPROVED AS TO FORM: By: County Counsel Agreement #99 -021 2 55 . /� . Page 57 ATTEST: Clerk of the City of Costa Mesa By: _ Dated: APPROVED AS TO FORM: BY: City Attorney ATTEST: Clerk of the City of Irvine By: _ Dated: APPROVED AS TO FORM: BY: City Attorney ATTEST: Clerk of the City of Laguna Hills By: _ Dated: APPROVED AS TO FORM: BY: City Attorney CITY OF COSTA MESA By: Mayor COUNTY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor 5 5 A. Am #99 -021 3 VVV ■77,��`■ Page 58 ATTEST: Clerk of the City of Laguna Niguel BY: Dated: APPROVED AS TO FORM: Bv: City Attorney ATTEST: Clerk of the City 9f Laguna Woods & -a.-7 - C? APPROVERS TO FORM: By: A5yt , City Attorney ATTEST: Clerk of the City of Mission Viejo By: _ Dated: APPROVED AS TO FORM: By: City Attorney CITY OF LAGUNA NIGUEL BY: Mayor CITY OF L VAOODS - CITY OF MISSION VIEJO BY: Mayor Agreement #99 -021 Pagb 59 55A ATTEST: Clerk of the City of Newport Beach By: _ Dated: By: City Attorney ATTEST: Clerk of the City of San Clemente By: _ Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Juan Capistrano By: _ Dated: APPROVED AS TO FORM: BY: City Attorney Agr ent #99 -021 5 5 CITY OF NEWPORT BEACFI By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor 5 Page 60 ATTEST: Clerk of the City of Santa Ana IRa Dated: APPROVED AS TO FORM: City Attorney Agreement #99 -021 CITY OF SANTA ANA Mayor Page 61 55.A. 55.A. Page 62 See 1 10 xa, W 19 ClCITY OOUNC'L. OF SANTA ANA August 31, 1992 TO: City Clerks AvG R 10isA `92 CLERK OF THE GOONCl1.. CITY OF SANTA ANA FROM: Kathy Besnard Secretary of the Board SUBJECT: Amendment #3 San Joaquin Hills TCA Joint Powers Agreement Enclosed is an "original" copy for your files. Foothill /Eastern Corridor Agency Son Joaquin Hills Corridor Agency cc 345 Clinton Street, Costa Mesa, CA 92626 7141557 -3298 FAX 7141557 -9104 41 --9/- /' � AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna Hills as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Laguna Hills, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Hills (f) City of Laguna Niguel (g) City of Mission Viejo (h) City of Newport Beach (i) City of San Clemente (j) City of San Juan Capistrano (k) City of Santa Ana ORI:DLB:257 -1- follows: SECTION 3. Section 3.2 hereby is amended to read as ... BOARD. (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above, the Cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana. ATTEST: Clerk of the Board of Supervisors 1' Dated / r APPROVED AS TO FORM: A± x r L By: 4Z %1 bounty Counsel ATTEST: Clerk of the City of Dana Point By: Dated APPROVED AS TO FORM: By: de4444 ity ounsel By: ORI:DLB:257 -2- ORANGE of Supervisors CITY OF DANA POINT By: llVu( CP �7 May r ATTEST: Clerk of the City of Irvine By: r � Dated APPROVED AS TO FORM: By: Clerk of the City of .LLaguna Hills y; 1�� (.l Gtt�ofGlii Dateu /d APPROVED AS TO FORM: City Cotar ATTEST: Clerk of ts= City�L Laguna Niguel By: APPROVED ', .5 TO FORM: By: L Cr ity ounsel CITY 0 IRVINE By;c =�' Ce- clL Mayo CITY OF LAGUNA HILLS c By: /l Mayor/ / ORI:DLB:257 -3- CITY F LAGUNA NI By Mayor ATTEST: Clerk of the Citv of Mission Viejo By: - Dated APPROVED S TO FORM: By: ,4 k. L-t�� City Counsel ATTEST: Clerk of the City of San Clemente By: Dated APPROVED AS TO FORM: ! 'Ni I �, /I. +. . . ATTEST: Clerk of the City of San Juan Capistrano By: ^ / Dated APPROVED AS TO FORM: By • ity C3" unse CITY OF� IEJ� By: Mayor CI °M/ ORI:DLB:257 -4- CITY OF SAN JUAN CAPISTRANO ATTEST: Clerk of the City of Santa Ana By: Dated APPROVED AS TO FORM: By: City Counse CI ANTA ANA ma Mayor - ORl:DLB:257 -5- -;I �L CRIJ Manager ATTEST: Clerk of the City of Costa Mesa City Counsel ATTEST: Clerk of the City of Newport Beach By: Dat, APP: By: CITY OF • M A�� CITY OF ••• • By 9 __`�...._r1�. Ma r RESOLUTION N0. 91 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 3 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWER AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY" WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Hills (the "City ") will become effective on December 20, 1991; and WHEREAS, the City intends to adopt an Ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City also intends to adopt a Resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City Council elect has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, BE IT RESOLVED that the City of Santa Ana hereby agrees to admit the City as a Party to the Agency, and authorizes its Mayor to sign and the Clerk of the Council to attest Amendment No. 3 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 91 -10` PAGE TWO ADOPTED this 18th day of ATTEST: j 4iczV'C. Guy Clerk of the Council—/ COUNCILMEMBERS: tiovember , 1991. r Dan H. Young Mayor Young Aye APPROVED AS TO FORM: Pulido Aye Acosta Aye Griset Aye McGuigan Aye Edward J. C op r Norton Aye City Attorney---' Richardson Aye AMENDMENT NO. 3 TO THE FIRST AMENDED AND RES' JOINT EXERCISE OF POWERS . CREATING THE SAN JOAQUII TRANSPORTATION CORRIDOR SECTION 1. The Board of Supervis Joaquin Hills Transportation Corridor Agen and conditions upon the participation of ti Laguna Hills as a Party to the Agency pursuant to oection 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Laguna Hills, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement: (a) Coun (b) City (c) City (d) City (e) City (f) City (g) City (h) City :y of of of of of of of of Orange Costa Mesa Dana Point Irvine Laguna Hills Laguna Niguel Mission Viejo Newport Beach (i) City of San Clemente (j) City of San Juan Capistrano (k) City of Santa Ana ORI:DLB:257 -1- EXHIBIT A follows: SECTION 3. Section 3.2 hereby is amended to read as ... BOARD. (a) The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above, the Cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana. ATTEST: Clerk of the Board of Supervisors By: Dated APPROVED AS TO FORM: By: County Counsel ATTEST: COUNTY OF ORANGE By: Chairman Board of Supervisors CITY OF DANA POINT Clerk of the By: City of Dana Point By: Dated APPROVED AS TO FORM: By: City Counsel ORI :DLB:257 -2- Mayor ATTEST: Clerk of the City of Irvine By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Niguel By: Dated APPROVED AS TO FORM: By: City Counsel CITY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor ORI:DLB:257 -3- CITY OF LAGUNA NIGUEL By: Mayor ATTEST: Clerk of the City of Mission Viejo By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Clemente By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of San Juan Capistrano By: Dated APPROVED AS TO FORM: By: City Counsel CITY OF MISSION VIEJO By: Mayor ORI:DLB:257 -4- CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor ATTEST: CITY OF SANTA ANA Clerk of the By: City of Santa Ana Mayor By: Dated APPROVED AS TO FORM: By: City Couns 1 ORI:DLB:257 -5- REQUEST FOR COUNCIL ACTION CITY COUNCIL February 5 1990 AGENDA DATE y TITLE RESOLUTION APPROVING AMENDMENT AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREAIING THE SAN JOAQUIN HILLS TRANS- PORTATION CORRIDOR AGENCY A ° Ic� c_.. 10 ;� 5' DATE OF COUNCIL ACTION FEB 5 199(1 Resolution No. 90 - 00E adopted. Adopt the resolution approving Amendment No. 2 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency." EXECUTIVE SUMMARY The County of Orange, the City of Santa Ana, and seven other cities that would benefit from the construction of the San Joaquin Hills Transportation Corridor are members of the Transportation Corridor Agency. On December 1, 1989, the City of Laguna Niguel was incorporated, and has requested admission as a party to the San Joaquin Hills Transportation Corridor Agency. On February 6, 1990, the City of Laguna Niguel will conduct a public hearing and it is anticipated that the City will adopt an ordinance adapting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency ". Section 9.1 of the Agreement requires the unanimous consent of each existing party for admission of the City as a party. J 104 MEMORANDUM Jan C. Perkins To: Deputy City Manager nt Date: January 22, 1990 James G. Ross, Exec" utive Directo From: Public Works Agency RESOLUTION APPROVING AMENDMENT NO. 2 TO THE "FIRST AMENDED AND RESTATED JOINT Subject: EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY" STATEMENT OF THE ISSUE The County of Orange, the City of Santa Ana, and seven other cities that would benefit from the construction of the San Joaquin Hills Transportation Corridor are members of the Transportation Corridor Agency. On December 1, 1989, the City of Laguna Niguel was incorporated, and has requested admission as a party to the San Joaquin Hills Transportation Corridor Agency. On February 6, 1990, the City of Laguna Niguel will conduct a public hearing and it is anticipated that the City will comply with Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency," by enactment of an ordinance adopting the Major Thoroughfare and Bridge Fee Program of the Agency, and a resolution establishing the areas of benefit, estimated cost, and required fees. Section 9.1 of the Agreement requires unanimous consent of each existing party for admission of the City as a party. Inclusion of the City of Laguna Niguel as a member of the Transportation Corridor Agency will ensure that each of the areas of benefit contribute their fair share of the cost for the San Joaquin Hills Transportation Corridor. ALTERNATIVES CONSIDERED The alternative is to not approve the Resolution admitting the City of Laguna Niguel as a party to the San Joaquin Hills Transportation Corridor Agency. This alternative is not recommended, since it would not enable the Agency to finance the construction of the San Joaquin Hills Transportation Corridor. FISCAL IMPACT There is no direct fiscal impact on the City of Santa Ana. RECOMMENDED ACTION Adopt th-- a reso u ion approving Amendment No. 2 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency." James G. Ross e° JGR /GA /N51Bkrg r 112 RESOLUTION NO. 90 -008 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Niguel (the "City ") became effective on December 1, 1989; and s t ..! . WHEREAS, it is anticipated that on February 6, 1990, the City shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, it is also anticipated that on February 6, 1990, the City shall adopt a resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the .Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of the Parties to such Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Niguel, is required to admit the City of Laguna Niguel as a Party. RESOLUTION 90 -008 NOW, THEREFORE, in anticipation of the events recited above, and in order to enable the City of Laguna Niguel to participate fully in the Agency's Board meeting on February B, 1990, the City of Santa Ana hereby authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached as Exhibit "A ". ADOPTED THIS 5th day of February 1990. i4ane4 Young Mayor ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Young Aye McGuigan Norton 4e Acosta Aye Griset Aye May _ Aye Pulido Aye j, APPROVED AS TO FORM: E war J. C o er City Attorney Mir. �1 CITY OF . ^, gd }'N� PUBLIC v,,0.1 N A ANA Y JAN RINS Py ISO January 17, 1990 The Honorable Dan Young City of Santa Ana City Hall 20 Civic Center Plaza Santa Ana, California 92702 Re: Admission of the City of Laguna Niguel as a Party to the San Joaquin Hills Transportation Corridor Agency Dear Mayor Young: The City of Laguna Niguel was incorporated on December 1, 1989. It is anticipated that at a public hearing on February 6, 1990, the City of Laguna Niguel will comply with the requirements of Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency" by enactment of an ordinance adopting the Major Thoroughfare and Bridge Fee Program of the Agency, and a Resolution establishing the Areas of Benefit, estimated costs and required fees. Section 9.1 of this Agreement requires the unanimous consent of all Parties, including the City of Laguna Niguel, to be evidenced by execution of a written amendment to this Agreement, Such an amendment, together with a form of resolution authorizing execution, is enclosed. William Woollett, Jr., Executive Director Foothill /Eastern Corridor Agency Chairman: Gary Hausdorfer San Juan Capistrano Members: Anaheim Irvine Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda County of Orange San Joaquin Hills Corridor Agency Chairman: John Cox Newport Beach Members: Costa Mesa Dana Point Irvine Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana County of Orange 345 Clinton Street, Costa Mesa, CA 92626 7141557 -3298 FAX 7141557 -9104 January 17, 1990 Page 2 We urge your City Council to adopt this Resolution on or before February 6, 1990, so that the City of Laguna Niguel may participate fully in the Board's meeting scheduled for February 8, 1990. We are anxious to welcome the City of Laguna Niguel to full membership in the San Joaquin Hills Transportation Corridor Agency and to benefit from its full participation in the efforts to alleviate Orange County's traffic problems by early completion of the design, financing and construction of the San Joaquin Hills Transportation Corridor. Sincerely, �willi a Woollett, Jr� Executive Director WRW /sds cc: Ms. Patricia McGuigan Mr. David Ream Mr. George Alvarez AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY a - d ---610 (/ INSURANCE Cy jE C3RFU WORK MAY PRCCF I`D CLERK OF COUNCIL DATE. 4? /�/ SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna Niguel as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The.first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Dana Point and the City of Laguna Niguel, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies of the 6th day of February, 1990, the date on which the last of such public agencies executed this Amendment No. 2 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Niguel (f) City of Mission Viejo (g) City of Newport Beach (h) City of San Clemente (i) City of San Juan Capistrano (j) City of Santa Ana Page 1 of 5 follows: SECTION 3. Section 3.2 hereby is amended to read as . .3.2 BOARD following: a. The Board shall consist of the (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Laguna Miguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number of counterparts. ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors By: Chairman By: Board of Supervisors Dated: APPROVED AS TO FORM: By: County Counsel ATTEST: CITY OF COSTA MESA Clerk of the City of Costa Mesa By: Mayor By: Dated: APPROVED AS TO FORM: By: City Attorney Page 2 of 5 (i) One voting Board Member appointed by the legisla- tive body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number of counterparts. ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors Dated: APPROVED AS TO FORM: County Counsel ATTEST: Chairman, Board of Supervisors CITY OF COSTA MESA i_1.36 Zf,�IOf�7�'11C��a� ; u City Attorney 2 - I, Kathy gfisnard, hereby o@gitY the tQrcttoing instrument. to too a 11111, true and co',fect copy of tCe originat instrurr.rrtt now on tile in cur office. Date. , 0 'may BE.+nerd Tram pa��tion Corridor Agencies SECTION 3. Section 3.2 hereby is amended to read as follows: l«ANIII a. The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa,.Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number of counterparts. ORIGINAL DOCUMENT MISPLACED. AUTHORIZED FEBRUARY 6, 1990 RE- EXECUTED MARCH 18, 1990 SIGNED AMID CERTIFIED THAT A COPY OF THIS DOC.'U= HAS BEEN DELEIVERED TO THE CHAIRMAN OF THE BOARD. LINDA D. RUTH Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: E• u•ls ATTEST: COUNTY OF ORANGE By: Chairman Board of Supervisors CITY OF COSTA MESA Clerk of the City of Costa Mesa By: as Dated: APPROVED AS TO FORM: By: City Attorney Mayor r'dh! the lrxti4QtnS in6tN�rrt to ct>:rect copy ,,origins in5irun�rtnt f, Kathy Secnard. hmraM ce W a full, true and .: npr,,, on tilt in our aStice, geynsrd hasrtiies CorOw Trans Page 2 of 5 ATTEST: Clerk of the City of Dana Point CITY OF DANA POINT By By: ary K/ Dated : �, APPROVED AS TO Clerk Mayor Eileen L. Krause By: City Attorney Jerry Patterson ATTEST: CITY OF IRVINE Clerk of the City of Irvine By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: By: City Attorney Mayor CITY OF LAGUNA NIGUEL By: Mayor I, Kathy 9esnard, hereto' ce" the foregoing instrument'.' he a iv9. true and correct copy of the original instrument now on i[fr in our office. Q1 p Date: _QJ G h, //f7 41v Yranapm,ta�i corrhw Mteuoies: Page 3 of 5 ATTEST: Clerk of the City of Dana Point 3z Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Irvine By. Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Laguna Niguel Lm Dated: APPROVED AS TO FORM: By: City Attorney CITY OF DANA POINT us Mayor CITY OF IRVINE By:` Mayor / L/ CITY OF LAGUNA NIGUEL By: Mayor I, Kathy Besnard, hereby certify the fortitoing.instrw+: s.,! +t t , be a full, true and correct copy of the origintf Irstrumc -L.. now on file in our office. Gate•_ // �. a geanard Tranaport;� CrrAior Agencies Page 3 of 5 ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: 5z City Attorney ATTEST: Clerk of the City of Irvine am Dated: APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the City of Laguna Niguel CITY OF DANA POINT 92 Mayor CITY OF IRVINE in Mayor CITY OF LAGUNA NIGUEL r By: By: J //✓ Dated: �A % v APPROVED AS TO FORM: UZ Z1iLl.GFe �L Mayor ,,Kathy nesnard, hereby certily the torelfoing insti omm'A ?^ b. a full,"and correct copy of the original instru�nznk now on file in out office. '� (�__%%� G�'0 ezynAate:_ ` 3 y}eevard 7ranx�wt:+t' Cerrkkx Ager+des Page 3 of 5 ATTEST: Clerk of the City of Mission Viejo By: Zobe Dated: APPROVED AS TO FORM: BY: City Attorney Scott Field ATTEST: Clerk of the City of Newport Beach Dated: APPROVED AS TO FORM: LE City Attorney ATTEST: Clerk of the City of San Clemente Dated: APPROVED AS TO FORM: By: City Attorney CITY OF MISSION VIEJO Ua CITY OF NEWPORT BEACH us Mayor CITY OF SAN CLEMENTE M Mayor I, Kathy Desnard, hereby certify the foregoing instrur "rnt t) be a full, true Anti Correct Copy of the original ins #s•�;m1v"t now on file in our office. (� / Date:�� Re9iiard tra Corridor AgnrcPos Page 4 of 5 ATTEST: Clerk of the City of Mission Viejo M Dated: APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the City of Newport Beach AS TO FORM: � f Fo ar By: 1 City Attorney ATTEST: Clerk of the City of San Clemente Dated: APPROVED AS TO FORM: By: City Attorney CITY OF MISSION VIEJO UZ Mayor CITY OF NEWPORT BEACH . IPA CITY OF SAN CLEMENTE UZ Mayor 1, Kathy Besnerd, hereby aertgythe foreRoing InstrunYM% i:o be a tug, true and Correct Copy of the original instrM.ar,E now on file in our Office. "} l,� Q�ate- ::_j1_..12 -1 -96 Trantyawt:,. Corridor Agorldes Page 4 of 5 ATTEST: Clerk of the City of Mission Viejo M Dated: APPROVED AS TO FORM: M City Attorney ATTEST: Clerk of the City of Newport Beach Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF MISSION VIEJO M Mayor CITY OF NEWPORT BEACH us Mayor CITY OF SAN CLEMENTE Clerk of the City of San Clemente By: Mayor By: �2�� q� Dated: T— j_2 -- APPROVED AS TO FORM: By: _ ,u V C t Atto ney ].Kathy Besnard, hereby Certify the foregoing instrun umt to be a full, true and correct Copy of the orlKinat instrunwnt nori on fir. in our aNce. Y Aesna� -- Trans ion Corridor Atencies . Page 4 of 5 ATTEST: Clerk of the City of San Juan Capistrano am Dated: APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the City of Santa Ana By: Dated: APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO hm Mayor CITY OF SANTA ANA By: Mayor p ove as t City Manager 1. Kathy Flaxnard, herebl axrtity thetoret 0ft'nstrumct t to pa a bull, trO and correct copy 01 the original U�sau^'"f°'• naav on 1 ;Ec in our elute. Date.Y- ' C� by eesmard transl t Ylon Carldrr Atendes Page 5 of 5 ATTEST: Clerk of the City of San Juan Capistrano CITY OF SAN JUAN CAPISTRANO By: By: P.iary Hanover Dated: February 6. 1990 APPROVED AS TO FORM: By: "' Uwmr City Attorney ATTEST: Clerk of the City of Santa Ana go Dated: APPROVED AS TO FORM: City Attorney CITY OF SANTA ANA am Mayor 1. Kathy 43eanard, hereby certif y the iorr.9cind in "fvurrretst to be a 4u11, true ar „i Otfect toy of th• orig, insirs:rhant nrar+ an film i:t our olticr. C%o Date: U� �” Ll V.a J¢srr3rd ea Tram. V,r4r Corerdar Page 5 of 5 � -`fig- Csao AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Dana Point as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Dana Point, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 1, to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the day of 1 iL ' 1 98 9, t the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Mission Viejo (f) City of Newport Beach (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Ana EXHIBIT A Page 1 of 4 SECTION 3. Section 3.2 hereby is amended to read as follows: 1 . l 1 a. The Board shall consist of the following: W One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Newport Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa Ana. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By LINDA D. RUTH Clerk of the Board of Supervisors County of Orange, California '3 9- ys0 APPROVED AS TO FORM: BYo ty Counsel ATTEST: Clerk of the, City of Dana Point By: Date d May. 23, 1989 APPROVED AS TO FORM: By; C' A rney J RRY M. PATTERSON EXHIBIT A Page 2 of 4 COUNTY OF ORANGE 4 ' ., . Chairman Board of Supervisors CITY OF DANA POINT By:- Mayor JUDY CURRERI ATTEST: Clerk of the City of Irvine By: Dat Vd APPROV AS TO FORM: By: / , 1�4/j C ty tto ey ATTEST: CITY OF IRVINE By: _y /�� ^� may r CITY OF MISSION VIEJO Clerk of the �. City of Mission Viejo„ By: � ivy J _ Z EL Mayor By: � WILLIAM S. CRA RAFT Dated _ `6-). APPROVED AS TO FORM: By: `- City Attorney SCOTT FIELD ATTEST: Clerk of the City of Newport Beach By: By: Dated d AS TO FORM: ATTEST: Clerk of the City of San Clemente By: rr � CITY OF SAN CLEMENTE yr By: _'rn� Dated — 41��� —� APPROVED AS TO FORM: By: it torne# EXHIBIT A Page 3 of 4 ATTEST: Clerk of the City of San Juan Capistrano By: Dated u Y F 3 ATTEST: Clerk of the City of Santa Ana a APPROVED AS TO FORM: O F ATTEST: Clerk of the City of Costa Mesa M By: City Attorney CITY OF SAN JUAN CAPISTRANO By: ____ ayor CITY OF SANTA ANA EXHIBIT A Page 4 of 4 City Manager CITY OF COSTAR MESA B �) Mayor MAYOR Dan Young VICE MAYOR Patricia A. McGuigan COUNCILMEMBERS John Acosta Daniel E. Griset Wilson B. Hart Ron May Miguel A. Pulido April 10, 1989 CITY OF SANTA ANA, ALL - AMERICA CITY 1982.83 Mr. John Meyer Executive Director Transportation Corridor Agencies 345 Clinton Street Costa Mesa, California 92626 -6011 Dear Mr. Meyer: CITY MANAGER David N. Ream CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy On April 3, 1989, the City Council of the City of Santa Ana adopted Resolution No. 89 -32 entitled "A resolution of the City Council of the City of Santa Ana approving Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency." A copy of the resolution is enclosed for your information. Sincerely, Janice C. Guy, CMC / Clerk of the Council JCG:ar Enclosure 20 CIVIC CENTER PLAZA • P.O, BOX 1988 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647 -6520 V�EQ�U' 'EST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE April 3, 1989 TITLE RESOLUTION APPROVING AMENIlvlaT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CRE- ATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY" f3q -oao G, 10 :y ij DATE OF COUNCIL ACTION APR 3 1989 imno Mr, mil r 11 '! CLERK OF THE COUNCIL That the City Council adopt the resolution approving Amendment No. 1 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency." �I The County of Orange, the City of Santa Ana, and six other cities that would benefit from the construction of the San Joaquin Hills Transportation Corridor are members of the Transportation Corridor Agency. On January 1, 1989, the City of Dana Point was incorporated, and has requested admission as a party to the San Joaquin Hills Transportation Corridor Agency. The City of Dana Paint has mat the conditions to become a member of the Agency. Section 9.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency" requires the unanimus consent of each existing party for admission of the City as a party. 351) MEMORANDUM Jan Perkins To: Deputy City Manager fit Date: March 22, 1.9.89 David H. Grosse, Exec. Dir. From: Public W.Qrks Agency RESOLUTION APPROVING AMENDV IE.'CTT NO. 1 TO THE "FIRST AMENDED AND RESTATED Subject: _J(7TNT "FXF R( TSF. OF POWFRq ArRFFMF'KTP C'RFA'T'TN, THR qAN TOAOTITN HTTT.q _ TRANSPORTATION CORRIDOR AGENCY" STATEMENT OF THE ISSUE The County of Orange, the City of Santa Ana, and six other cities that would benefit from the construction of the San Joaquin Hills Transportation Corri- dor are umbers of the Transportation Corridor Agency. On January 1, 1989, the City of Dana Point was incorporated, and has requested admission as a party to the San Joaquin Hills Transportation Corridor Agency. The City of Dana Point has complied with Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transpor- tation Corridor Agency," by enactment of Ordinance 89 -8, adopting the Major Thoroughfare and Bridge Fee Program of the Agency, and Resolution 89 -31, establishing the areas of benefit, estimated cost, and required fees. Section 9.1 of the Agreement requires unanimous consent of each existing party for admission of the City as a party. Inclusion of the City of Dina Point as a member of the Transportation Corridor Agency will ensure that each o:E the areas of benefit contribute their fair share of the cost for the San Joaquin Hills Transportation Corridor. ALTERNATIVES CONSIDERED The alternative is to not approve the Resolution admitting the City of Dana Point as a party to the San Joaquin Hills Transportation Corridor Agency. This alternative is not recommended, since it would not enable the Agency to finance the construction of the San Joaquin Hills Transportation Corridor. FISCAL IMPACT There is no direct fiscal irpact on the City of Santa Ana. I,ixK� }ului��y That the City Council adopt the Resolution approving Amendment No. 1 to the "First Amended and Restated Joint Exercise of Powers Agreement Creating San Joaquin Hills Transportation Agency." (&K.-V �- David H. GrossevW DHG /GA /19Bpmb .11 189 RESOLUTION NO. 89 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the 'Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Dana Point (the "City ") became effective on January 1, 1989; and WHEREAS, the City has adopted Ordinance No. 89 -8, adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City also has adopted Resolution No. 89 -31, establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, the City of Santa Ana hereby agrees to admit the City as a Party to the Agency, and authorizes its Mayor to sign and Clerk to attest Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 89 -32 PAGE TWO PASSED, APPROVED AND ADOPTED this mod. day of April '1989. ATTEST: Clerk of the City of Santa Ana By:�y�L6 =��?�� / Dated April 3, 1989 APPROVED AS TO FORM: By:Q — City Att e COUNCILMEMBERS: YOUNG Aye ACOSTA Aye GRISET Absent MAY AYe McGUIGAN Ave PULIDO Absent CITY OF SANTA ANA B_ . i,e H. Y u g Mayor AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Dana Point as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Dana Point, as of the 17th day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 1. to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the _ day of , 1989, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Mission Viejo (f) City of Newport Beach (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Ana t EXHIBIT A Page 1 of 4 SECTION 3. Section 3.2 hereby is amended to read as follows: ... 3.2 BOARD. a. The Board shall consist of the following: W One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Newport Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa Ana. ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors By: Chairman Board of Supervisors By: Dated APPROVED AS TO FORM: By: County Counsel ATTEST: CITY OF DANA POINT Clerk of the City of Dana Point By: Mayor Dated APPROVED AS TO FORM: By: City Attorney EXHIBIT A Page 2 of 4 0 ATTEST: Clerk of the City of Irvine By: Dated APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Mission Viejo By: Dated APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Clemente By: Dated APPROVED AS TO FORM: ,BY: City Attorney CITY OF IRVINE B Mayor CITY OF MISSION VIEJO By: Mayor CITY OF SAN CLEMENTE By: Mayor EXHIBIT A Page 3 of 4 0 ATTEST: Clerk of the City of San Juan Capistrano By:_ Dated APPROVED AS TO FORM: By: City Attorney M Clerk of the City of Santa Ana B 1 Guy, 1C9lerk the Council e 1 Da Anr 3, 89 CITY OF SAN JUAN CAPISTRANO By: Mayor CITY OF SANTA ANA By Major, Daniel .You EXHIBIT A Page 4 of 4 0 f' • CITY COUNCIL AGENDA DATE OCTOBER 3, 1988 TITLE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENTS FOR THE SAN JOAQUIN HILLS AND FOOTHILL/ DATE OF COUNCIL ACTION f}- i ---� e-D /I -n -063f o) c,dv:z5/ OCT 3 IJ88 -- p4inori204 ltte 5it}144EO^"� to prepare and the Mayor and Clerk W &1'e64ita 3QYPpmant. RECOMMENDED ACTION Authorize the Mayor to execute the First Amended and Restated Joint Exercise of Powers Agreements for the San Joaquin Hills and Foothills /Eastern Transportation Corridor Agencies. CA -IRS - IOOB> e8 too A) EXECUTIVE SUMMARY The County of Orange, the City of Santa Ana and ten other cities that would benefit from the construction of the San Joaquin Hills and Foothills /Eastern Transportation Corridors are members of the Transportation Corridor Agency. At their September 15, 1988 board meeting, the Directors of the Corridor Agency were notified by Counsel that there would be a request of each of the partici- pating agencies to review and execute the First Amended and Restated Exercise of Powers Agreements. One of the major changes to the Joint Powers Agreements is that the agreements now state that toll revenue financing is one of the legally feasible methods of-additional financing for the Agency. Section 11.1 of the existing agreement, requires that not less than 3/4 of all parties must approve amendments to the agreement. The Board of the Agencies, after meeting on September 15, 1988 authorized distribution of the proposed amended agreements for their approval. The Public Works Agency has reviewed the amended Joint Powers Agreement and believes that changes are for clarification, to provide for toll road financing and are consistent with the basic principles of being a member of the Transportation Corridor Agencies. , 'NDUM Jan Perkins " JTO: Deputy City Manager rd David H. Grosse, Executive Dire From: Public Works Agency �. �_�P • ��P VWVN21 • • LI1 0 W4 11 jIN 161melm mnl 31, _ u ,■ air ., STATEMENT OF THE ISSUE The County of Orange, the City of Santa Ana and ten other Orange County Cities that would benefit from the construction of the San Joaquin Hills and Foothill/ Eastern Transportation Corridors are members of the Transportation Corridor Agency. At their September 15, 1988 Board Meeting, the Directors of the San Joaquin Hills and Foothill/Eastern Transportation Corridors were notified by counsel that there would be a request by each of the participating agencies to review and execute the First Amended and Restated Joint Powers Agreement. This amendment is urgently needed by the October 13, 1988 Board Meeting to issue bonds to commence design of the three corridors. One of the major changes to the Joint Powers Agreement is that the amended agreement will state that toll revenue is one of the legally feasible methods of financing for the Agency. The agreements further acknowledge statutory author- ity relating to Caltrans' future maintenance of toll collection facilities. Other changes to the agreeme:it include the addition of the City of Mission Viejo as one of its parties, the currently adjusted fee schedule for the thoroughfare and bridge fee program, a broadening of the power of the Board to appoint Ex- Officio members. This last provision will provide a means of including corri- dor communities which may become incorporated. Under the provisions of the existing agreements, 3/4 of all parties must approve the amendments. The amendments as reviewed by staff, more effectively establish the provisions of the Joint Powers Agreements between the cities that belong to the Agency. Therefore, the recommendation of staff is that the City Council authorize the Mayor to execute the revised Joint Exercise Powers Agreement for both the San Joaquin Hills and Foothills /Eastern Transportation Corridor Agencies. ALTERNATIVES CONSIDERED The alternative is not to approve the amendments to the agreement. This alter- native is not recommended since it would not enable the Agency to finance the facilities from toll road revenue. FISCAL I.MPACT There is no direct fiscal impact on the City of Santa Ana. RECOMMENDATION Authorize the Mayor to executive the First Amended and Restated Joint Exercise of Powers Agreement for the San Joaquin Hills and Foothill / Fastern Transporta- tion Corridor Agencies. David H. Grosse DHG /GA /jr TRANSPORTATION CORRIDOR AGENCIES 3347 Michelson Drive, Suite 450 Irvine, California 92715 Foothill /Eastern (714) 553 67� IU 30 'g� San Joaquin Hills Corridor Agency FAX (714) _ 1762 Corridor Agency Chairman: Dan Young John Meyer, Execfd vt 0jrecjor .. J N Chairman: Thomas F. Riley Mayor, City of Santa Ana CITY O "FSAtiTAANA Supervisor, County of Orange Members: City of Anaheim ["me Mission Viejo Orange San Clemente Count San Juan Capistrano Santa Ana Tustin Yorba Linda v of Orange November 30, 1988 Ms. Janice Guy City Clerk City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Dear Ms. Guy, Members: City of Costa Mesa Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana County of Orange It is a real pleasure to finally be able to transmit a signed original of the First Amended and Restated Joint Exercise of Powers Agreement for your files. This material became of utmost importance to the agencies because until now we did not have the complete agreement in the form of a single document. We realize that we may have been a nuisance over the last month while we were collecting signatures, but we appreciate the cooperative spirit that we have found in all the clerk's offices around the county. Your city manager has received a conformed copy under separate cover and a conformed copy has been made available to your city's member of our Board. Thank you for your help in securing the signatures on the originals and if you have any questions about the material please do not hesitate to call. Sincerely, John Meyer ` Executive Director r FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY TABLE OF CONTENTS NUM RECITALS . . . . . . . . . . . . . . . . . . . . . . . 1 I. DEFINITIONS . . . . . . . . . . . . . . . 3 II. PURPOSE AND POWERS . . . . . . . . . . . . . 4 2.1 Agency Created . . . . . . . . . . 4 2.2 Purpose of the Agreement; Common Powers to be Exercised . . . . . . . . . . . . 4 2.3 Powers . . . . . . . . . . . . . . . . . 5 III. ORGANIZATION . . . . . . . . . . . . . . . 6 3.1 Membership . . . . . . . . . . . . . . . 6 3.2 Board . . . . . . . . . . . . . 7 3.3 Principal Office . . . . . . . . . . 8 3.4 Meetings . . . . . . . . . . . . . . . . 8 3.5 Quorum . . . . . . . . 8 3.6 Powers and Limitations Thereon . . . . . 8 3.7 Minutes . . . . . . . . . . . . . . . . 9 3.8 Rules . . . . . . . . . . 9 3.9 Vote or Assent of Parties . . . . . . . 9 3.10 Officers . . . . . . . . . . . . . . 9 3.11 Committees . . . . . .10 3.12 Additional Officers and Employees . . .10 3.13 Bonding Requirement . . . . . .10 3.14 Status of Officers and Employees . . . .10 IV. FEES . . . . . . . .11 4.1 Imposition of Major Thoroughfare and Bridge Construction Fee by Members . . . . . . . . . . . .11 4.2 Annual Review of Fees . . . . . . . . .11 4.3 Payment . . . .11 4.4 Compensation of Agency for Acquisition of Rights -of -Way . . . . . .12 V. RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES . . . . . . . . .13 5.1 Joint Action with Other Agencies . . . .13 5.2 Communications Between Corridor Agencies . . . . .13 5.3 Lending and Borrowing of Funds Between Agencies . . . . . . . . . . . .13 -i- VI. BUDGETS AND DISBURSEMENTS . . . . . . . . . .13 6.1 Annual Budget . . . . . . . . . . . . .13 6.2 Disbursements . . . . . . . . . . . . .14 6.3 Accounts . . . . . . . . . . .14 6.4 Expenditures Within Approved Annual Budget . . . . . . . . . . . . .14 6.5 Audit . . . . . . . . . . . . . . . .14 VII. SECURITIES . . . . . . . 7.1 Securities . . . . . . 15 15 VIII. LIABILITIES . . . . . . . . . . . . . . .15 8.1 Liabilities . . . . . .15 8.2 Hold Harmless and Indemnify . . . . . .15 IX. ADMISSION AND WITHDRAWAL OF PARTIES . . . . .16 9.1 Admission of New Parties . . . . . . . .16 9.2 Withdrawal . . . . . . . . . . . . . . .16 X. TERMINATION AND DISPOSITION OF ASSETS . . . .17 10.1 Termination . . . . . .17 10.2 Distribution of Property and Funds . . .18 XI. MISCELLANEOUS . . . . . . . . 11.1 Amendments . . . . . . . 11.2 Notice . . . . . . . . 11.3 Effective Date . . . . . . . 11.4 Arbitration. . . . . 11.5 Partial Invalidity . . . 11.6 Successors . . . . . . . 11.7 Assignment . . . . . . . 11.8 Execution . . . . . . . . . . . . . . .18 -ii- . . . . . .18 . . . . . .19 . . . . . .19 . . . . . .19 . . . . . .20 . . . . . .20 . . . . . .20 21 FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY THIS FIRST AMENDED AND RESTATED AGREEMENT is made and entered into, pursuant to Sections 11.1 and 11.3, by and among the following public agencies as of the /"7,tA day of 1988, the date on which six or more of the following public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency: (a) Coun! (b) City (c) City (d) City (e) City (f) City (g) City (h) City .y of of of of of of of if Orange Costa Mesa Irvine Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana R E C I T A L& A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The Parties to this Agreement have territorial jurisdiction within the Area of Benefit of the San Joaquin Hills Transportation Corridor, and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor. The Parties hereto have the common power to conduct such transportation planning, financing and construction. C. It has been determined by the Parties hereto that it is in the best interests of the respective Parties to join together to administer the funds provided by these fee programs, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the Parties is authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. E. The Parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or controlled by the Parties hereto. F. The Parties hereto recognize that, in order to serve the purpose stated herein, additional funding other than that received from the above - described fees must be obtained. Each Party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt financing, assessment districts, special legislation, toll revenue financing, Arterial Highway Financing program funds and other forms of governmental grants -in -aid. G. The Parties hereto entered into this Agreement with the express understanding that the acquisition of rights -of -way and similar property interests necessary for the construction of transportation facilities pursuant to this Agreement shall be accomplished at little or no expense to the members hereto or to the Agency created hereunder. However, it is recognized by the Parties hereto that prior to the execution of this Agreement, the County of Orange, as the sole responsible Party for the administration of the Orange County Major Thoroughfare and Bridge Fee Program, assumed the right and obligation to acquire a certain right of way located in the City of Laguna Beach ( "Sycamore Hills ") in the area of Tentative Tract Map No. 8965 not available for dedication in addition to certain other property, and such right and obligation shall be assumed by the Agency but only to the extent of the aliquot value of such right of way. H. The Parties hereto recognize that in accordance with the principals of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. -2- I. It is anticipated by the Parties hereto that any major thoroughfares or bridges constructed pursuant to this Agreement shall comport with those standards for scenic highways set forth in Streets and Highways Code Section 261. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: I. DEFINITIONS For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this First Amended and Restated Joint Exercise of Powers Agreement, as amended from time to time. b. "Agency" means the SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board Members" means those persons serving as members of the Board or their alternates. e. "Board" means the governing body of the Agency. f. "Ex Officio Member" means Board Member who do not have a vote in Agency matters and whose presence shall not be counted in determining whether a quorum sufficient to transact Agency business exists. g. "Executive Director" means the chief operating employee selected by the Board to manage the day -to -day activities of the Agency, including, but not limited to, the appointment and removal of all employees of the Agency except those described in Section 3.11 below. The Executive Director shall not be an employee of any individual Party. -3- h. "Fiscal Year" means July 1st to and including the following June 30th. i. "Party" means each of the public entities which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, including any public entity executing an amendment of the original agreement as hereinafter provided. j. "Quarter" means July 1st to and including September 30th, October 1st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. II. 2.1 Agency Created There is hereby created a public entity to be known as the "SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provision of Article 1, Chapter 5, Division 7, of Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Each Party has the common power to plan for, acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA) whenever possible. ELT The purpose of this Agreement is to jointly exercise the foregoing common powers to undertake such studies and planning relative to the San Joaquin Hills Transportation Corridor as may be necessary to establish Areas of Benefit, to recommend to the Parties the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by the Parties pursuant to Government Code Section 66484.3 and to fund, plan, acquire, and construct the major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor. Except for maintenance of the facilities relating to collection of tolls and insuring that the major bridges or thoroughfares constructed pursuant to this Agreement comport to those design elements incorporated into Interstate 280 near the San Francisco Bay Area. The Agency shall not maintain or operate, or incur liability for the maintenance or operation of the facilities constructed pursuant to this Agreement, except as otherwise provided herein. Board planning policy has and shall continue to respond to those various memoranda of understanding, resolutions, minute orders and policy statements of Parties , attached as Exhibit "A" to the prior form of this Agreement and collectively incorporated in the "Issues Inventory Manual" adopted by the Board on August 13, 1987. 2.3 Powers The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of the Parties in studying and planning ways and means to provide for the financing and construction of the San Joaquin Hills Transportation Corridor; b. To make and enter into contracts; C. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; e. To lease, acquire, construct, manage, maintain and operate any buildings, works or improvements; -5- f. To acquire, hold, or dispose of property by any lawful means, including without limitation, gift, purchase, eminent domain, lease, lease purchase or sale; g. To incur debts, liabilities, or obligations subject to limitations herein set forth; h. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; i. To sue and be sued in its own name; j. To apply for an appropriate grant or grants under any federal, state, or local programs for assistance in developing any of its programs; k. To adopt rules, regulations, policies, by -laws and procedures governing the operation of the Agency; 1. To exercise those powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code in accordance with Government Code Section 66484.3(f); and M. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. III. ORGANIZATION 3.1 Membership. The Parties to the Agency shall be the public entities which have executed or hereafter execute this Agreement, or amendment, thereto, and which have not, pursuant to the provisions hereof, withdrawn therefrom. :.. . a. The Board shall consist of the following: (i) one voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: The cities of Costa Mesa, Irvine, Newport Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa Ana. (ii) two voting Board Members from the County of orange, said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Districts. (iii) The Board may, from time to time, appoint additional ex officio members. b. Except for ex officio members, each Board Member shall be a current member of the legislative body of the Party each member represents. C. Each Board Member shall also have an alternate appointed by the legislative body of the Party represented by such Board Member. With the exception of the alternates to the Board Members representing the County of Orange, an alternate Board Member must also be a current member of the legislative body of the Party such alternate represents. An alternate Board Member shall assume all rights and duties of the absent Board Member. d. Each Board Member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a successor is named. Board Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the Party such Board Member represents subject, however, to the provisions of Section 3.2 a.(ii). -7- e. A Board Member shall receive only such compensation from the Agency for his /her services as may be approved by not less than two - thirds (2/3) of the Board Members. f. A Board Member may be reimbursed for expenses incurred by such Board Member in the conduct of the business of the Agency. 3.3 Principal Office. The principal office of the Agency shall be established by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary of the Board under this Agreement but shall not be considered an amendment to this Agreement. 3.4 Meetings. The Board shall meet at the principal office of the Agency or at such other place as may be designed by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each Party . Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as amended. 3.5 Quorum. Not less than two - thirds (2/3) of the Board Members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the Parties as herein set forth. Unless otherwise provided herein, each Board Member or participating alternate Board Member shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate. 3.7 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board, and shall cause a copy of such minutes to be forwarded to each Member and to each Party. 3.8 Rules. The Board may adopt from time to time rules and regulations for the conduct of its affairs consistent with this Agreement. 3.9 Vote of Assent of Parties. The vote, assent, or approval of Parties in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such Party filed with the Agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. There shall be selected by the Board from its membership, a chairman and a vice chairman. The Board shall appoint a secretary who may be a Member. The Board shall appoint an officer or employee of the Board or an officer or employee of a Party to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers and the duties of, and shall perform the treasurer and auditor functions for the Agency and those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. The chairman, vice chairman, secretary, treasurer and auditor shall hold office for a period of one year commencing July lst of each year. Except for the Executive Director, any officer, employee, or agent of the Board may also be an officer, employee or agent of any of the Parties. The appointment by the Board of such a person shall be evidence that the two positions are compatible. ME 3.11 Committees, The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings shall be open to all Board Members, unless the presence of Board Members who are not members of such committee would violate the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 3.12 Additional officers. The Board shall have the power, upon the approval of not less than two - thirds (2/3) of the Board Members, to appoint such additional officers as may be appropriate. Such officers may also be, but are not required to be, officers and employees of a Party. 3.13 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be so designated and empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer or persons be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. TO ,. . All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activities of officers, agents, or employees of any of the Parties when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any of the Parties or, by reason of their employment by the Board, to be subject to any of the requirements of such Parties. -10- IV. FEES 4.1 On or before the effective date of this Agreement (or, in the case of a new Party, on or before the date on which that Party becomes signatary to this Agreement), each Party shall require by ordinance the payment of a fee as a condition of issuance of a building permit within the Area of Benefit, for the purposes of defraying the actual or estimated cost of constructing major thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill /Eastern Transportation Corridors," attached hereto as Exhibit "A" and incorporated by reference herein. The imposition of said fee by each Party shall be a condition precedent to that Party's participation in the Agency, and each Party covenants to continue the imposition of such fees as required herein and as required by provisions of any applicable bond indentures. 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above - described fee program and may, upon approval of not less than two thirds (2/3) of its Members, modify the fee to be imposed by the Parties hereto. Each Party shall impose said revised fee within one hundred twenty (120) days, and if a Party fails to impose said fees, repeals the enabling ordinance or fee requirement or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforementioned time period, whichever is sooner, such action shall be deemed the withdrawal of that Party from the Agency, subject to the conditions specified in Section 9.2 below. 4.3 Payment. Each Party agrees to hold said fees in trust for the Agency, and pay said fees to the Agency in quarterly payments, within sixty (60) days after the end of each quarter. -11- The Board may authorize an audit of any Party to determine whether said payments of fees accurately reflect each Party's obligations under this Agreement. Unpaid fees shall bear interest at a rate to be determined by the Board. In the event that any Party fails to remit said fees to the Agency, said failure may be deemed by the Board to be a withdrawal of that Party from the Agency subject to the conditions specified in Section 9.2 hereof. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a Party hereto regarding the appropriate amount of the assessment to the Agency, in accordance with the rules and regulations established by the Agency, which decision shall be final. In the event that any Party hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said Party in said action. 4.4 When it is within its power to do so, each Party shall be individually responsible for the preservation and acquisition by dedication pursuant to Title 7, Divisions 1. and 2. of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. Except as provided in Recital G of this Agreement, in the event that a Party fails to acquire these rights -of -way by the above - mentioned means after the route alignment for the San Joaquin Hills Transportation Corridor is established and accepted by the Agency, or fails to preserve such rights -of -way and property interests by the above mentioned means which were established by the County of Orange prior to such establishment and acceptance by the Agency, that Party shall compensate the Agency for all costs (including attorneys' fees) incurred by the Agency in acquiring said rights -of -way and property interests. -12- V. 5.1 joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, financing, constructing, maintaining, repairing, managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern Transportation Corridors or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when for any purpose otherwise permitted by law, the Board deems it appropriate. 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above are formed, the chairman or his designate shall meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the planning, financing and construction activities of the various agencies. 5.3 *Lending and Borrowing of Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and otherwise permitted by law, and serves the general purpose of improving transportation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to or from the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the Board Members. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on the loan. VI. BUDGET AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the Board Members, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. -13- 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts. All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board. All expenditures within the designations and limitations of the approved annual budget shall be made upon the approval of the Executive Director in accordance with the rules, policies and procedures adopted by the Board. Notwithstanding the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar property interests except upon the approval of not less than two thirds (2/3) of the Board Members. No expenditures in excess of those budgeted shall be made without the approval of not less than two thirds (2/3) of the Board Members to a revised and amended budget which may, from time to time, be submitted to the Board. 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each Party no later than fifteen (15) days after receipt of said audit by the Board. -14- VII. 7.1 Securities. Upon the approval of the Board, the Parties or the Agency may participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or any other applicable legislation. Other than the fees specified herein, no funds of a Party shall be utilized as security or as a source for the payment or redemption of any securities of the Agency without the consent of the legislative body of that Party. Upon the approval of not less than two - thirds (2/3) of the Board Members, the Agency may participate in the above - mentioned statutory powers for bond financing of the fees specified herein; provided, however, that the fees collected by any Party may be excluded as security for or as a source for such financing if the Board, upon the approval of not less than two - thirds (2/3) of its Members, so provides. VIII. LIABILITIES 8.1 Liabilities The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the Parties , unless expressly specified herein. Each Party hereto agrees to Agency and the other Parties harmless damages, actual or alleged, to person of or resulting from negligent acts o indemnifying Party or its employees. -15- indemnify and hold the from any liability for s or property arising out r omissions of the Where the Agency, the Board itself or its Members agents or employees are held liable for injuries to persons or property, each Party's liability for contribution or indemnity for such injuries shall be based proportionately upon the fees paid by each Party. In the event of liability imposed upon any of the Parties or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the Parties in the performance of this Agreement, the contribution of the Party or Parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The Party or Parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the Agency and all other Parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. IX. 9.1 Admission of New Parties. It is recognized that public entities, other than the original Parties, may wish to participate in the Agency. Additional public entities may become Parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and upon the unanimous written consent of the Parties evidenced by the execution of a written amendment to this Agreement, and executed by all of the Parties, including the additional Party. 9.2 Withdrawal. It is fully anticipated that each Party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any Party, either voluntarily or involuntarily pursuant to Sections 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year; (ii) the fee program established by the Party pursuant to this Agreement, shall remain in effect for a period of at least four (4) years after the adoption and for any additional period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees, including by -16- way of illustration, but not limitation, bonds which have been issued or authorized for issuance by the Agency, and letters of credit or other reimbursement obligations owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency; (iii) said withdrawal shall not relieve the Party of its proportionate share of any debts or other liabilities incurred by the Agency prior to the effective date of the Party's withdrawal, nor any liabilities imposed upon or incurred by the Party pursuant to this Agreement prior to the effective date of the Party's withdrawal; and (iv) said withdrawal shall result in the forfeiture of that Party's rights and claims relating to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. X. 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof as provided in this Section 10.1 or until the Parties shall have mutually rescinded this Agreement; provided, , however, that the Agency shall continue to exist for the purposes of: disposing of all claims, payment of debt service with respect to bonds which have been issued or which have been authorized for issuance and satisfaction of other covenants contained in the resolution and trust indenture relating to said bonds, reimbursement owed to financial institutions which have secured such bonds or other parties advancing funds to the Agency and satisfaction of other covenants contained in reimbursement agreements with such financial institutions, establishment and collection of tolls and development fees, the maintenance of toll collection facilities and the facility in accordance with California Department of Transportation agreements, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall occur upon the written consent of all of the Parties, upon the withdrawal from the Agency of a sufficient number of the Parties to leave less than six Parties remaining in the Agency, or upon transfer of title to the corridor to the -17- California Department of Transportation and satisfaction of all outstanding financial obligations of the Agency. However, no such termination shall occur until all reimbursement obligations owed to financial institutions securing bonds have been paid and all other financial and contractual obligations of the Agency have been satisfied. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the Board shall determine with the objective of returning to each Party or former Party a proportionate share of the contributions made to such properties by such Parties, less previous distributions , if any, provided however that said funds also shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each Party (excluding withdrawn Parties as provided in Section 9.2 hereof) a proportionate share of such funds equal to the percentage of the contribution made by each Party, less each Party's proportionate share of previous distributions , if any, provided that said funds shall be expended to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. 11.1 Amendments. This Agreement may be amended with the approval of not less than three - fourths (3/4) of all Parties; provided, however, that no amendment may be made which would adversely affect the interests of the owners of bonds, letters of credit or other financial obligations of the Agency. IRM 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Parties, shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by any six or more of the Parties enumerated in the introduction of this Agreement. 11.4 Arbitration. Any controversy or claim between any two or more Parties , or between any such Party or Parties and the Agency, in respect to the Agency's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitration Association shall apply. The Party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Party and the Agency. Such notice shall designate as "respondents" such other Parties as the initiating Party intends to have bound by any award made therein. Any Party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other Parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA ", shall submit simultaneously to the initiating and to all Parties named as respondents or filing a response therein, an identical list of names and persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each Party to the dispute shall have seven (7) days from the mailing date in which to cross off any names indicating the order of -19- his or her preference, and return the list to the AAA. If a Party does not return the list within such time period , all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbitrator from other members of the panel without the submission of any additional list. The arbitrator shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. 11.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law. 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. 11.7 Assignment. The Parties shall not assign any rights or obligations under this Agreement without written consent of all other Parties. -20- 11.8 Execution. The Board of the city councils of authorized execution authorized signatures ATTEST: Clerk of the Board of Supervisors a Supervisors of the County of Orange and the cities enumerated herein have each of this Agreement, as evidenced by the below, respectively. APPROVED AS TO FORM: County Counsel 0 ATTEST: City Clerk City of Costa Mesa By APPROVED AS TO FORM: Citq Attorney ATTEST: City Clerk City of Irvine Dated OCT 14 1998 CIT F COST M A By Mayor Dated i CITY OF IRVINE gy �ze�r ' May Dated �� /`� -21- ATTEST: City Clerk City of Mission Viejo APPROVED AS TO FORM: City'--Attorney ATTEST: City Clerk City of Newport Beach �...• • •. ATTEST: City Clerk City of San Clemente CITY OF MISSION VIEJO Mayor Dated Za ° / % - e 9 A 1A W CITY OF SAN CLEMENTE BY �� &4)- Mayor Dated _22_ ATTEST: City Clerk City of San Juan Capistrano By.y -, APPRO D AS TO) F RM: I� City At orney ATTEST: City Clerk City of Santa Ana CITY OF SAN JUAN CAPISTRANO CITY OF SANTA ANA -23- MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Prepared by Environmental Management Agency Transportation /Flood Control Program Office July 1985 (Revised by Transportation Corridor Agencies September 1988) Exhibit "A" TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary 1 I Background 4 II Description of Corridor 5 III Corridor Planning 7 IV Estimated Costs 8 V Overall Financing 10 VI Area of Benefit 12 VII Description of Area of Benefit (AOB) 14 VIII Fees 21 IX Deferral of Fees 30 X Criteria for Collection of Fees 30 XI Development Exactions & Credits 31 XII Annual Fee Adjustment 34 XIII City Participation in Fee Program 35 -i- r LIST OF EXHIBITS EXHIBIT NO. TITLE PAGE I Area of Benefit Index Map with City Boundaries 36 II Resolution 82 -598, Transportation Corridor Development Policy 37 -39 III Area of Influence for Corridor Users, San Joaquin Hills Transportation Corridor 40 IV Area of Influence for Corridor Users, Foothill /Eastern Transportation Corridors 41 V Area of Benefit, San Joaquin Hills Transportation Corridor 42 VI Area of Benefit, Foothill /Eastern Transportation Corridors 43 VII Fee Program Share of Total Corridor Cost, SJHTC 44 -45 VIII Fee Program Share of Total Corridor Cost, F /ETC 46 -47 IX Cost Per Trip End Analysis, SJHTC 48 X Cost Per Trip End Analysis, F /ETC 49 XI Daily Vehicle Trip Generation Rates 50 -51 -ii- LIST OF TABLES TABLE N0, TITLE PAGE IV -1 San Joaquin Hills Transportation Corridor Cost 10 IV -2 Foothill /Eastern Transportation Corridor Cost 10 VII -1 San Joaquin Hills AOB by Local Jurisdiction 15 VII -2 Foothill /Eastern AOB by Local Jurisdiction 19 VIII -1 Fee Program Share of Corridor Cost 23 VIII -2 Adjusted AOB Trip Ends 25 VIII -3 Fee Program Share by Land Use Category 26 VIII -4 Area of Benefit Fees 27 -iii- MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS Executive Summary It can no longer be expected that facilities such as the San Joaquin Hills Transportation Corridor (SJHTC) AND Foothill /Eastern Transportation Corridors (F /ETC) can be fully funded from the traditional revenue sources used to construct southern California existing freeway network. Supplemental funding sources must therefore be developed if these important components of Orange County's transportation system are to be developed to provide relief to existing congested facilities and support orderly development within cities and unincorporated areas. Development fees represent a potential supplemental funding source. The development fee program is based upon Government Code Sections 50029, 66484.3 and California Constitution Article II, Section 7. The concept is furthermore based on the general principle that future development within prescribed benefit areas will benefit from the construction of the transportation facilities and should pay for them in proportion to projected corridor traffic demand attributable to the development. Future development within the benefit areas is expected to account for 48% of the cost of the SJHTC and F /ETC. The remaining cost of the corridors, representing benefits derived by existing development within the benefit areas and corridor users outside the benefit areas, is proposed to be funded through traditional transportation funding sources such as existing federal and state programs, and additional, non — traditional sources, such as toll resources. No assessment of existing developed property is proposed. Corridor usage projections for several hundred traffic analysis zones within the County were developed as a tool to assist in defining the proposed benefit areas. Traffic analysis zones with 4% or more of their total trip making utilizing the corridor formed a fairly dense pattern. Identifiable physical features closely approximating the pattern were used to describe the boundaries of the benefit areas. Two fee zones within each Area of Benefit were established based upon direct use of the corridors. Traffic analysis zones with 8/0 or more of their total trip making utilizing the corridor were defined in the higher fee zone (A). The remainder of the zones were defined in the lower fee zone (B). Assessment of fees on a traffic related basis was determined to be equitable. Trip ends were selected as the least common denominator and fees were established by dividing the proportion of corridor cost attributable to each fee zone by the total number of projected daily trip ends within each fee zone. Adjustments were made to trip ends between neighborhood commercial and residential land uses to reflect the relative benefit of neighborhood commercial development to residences. Land uses were combined into three general land use categories (2 residential and 1 non - residential) for the purposes of applying fees to development projects. Presently, as of September 14, 1988, fees for each of the fee zones within the areas of benefit are: SJHTC Single Family Multi -Unit Non - Residential Residential Residential Zone A $ 1,372 /unit $ 799 /unit $ 1.84 /sf. Zone B $ 1,062 /unit $ 620 /unit $ 1.36 /sf. F /ETC Zone A $ 1,360 /unit $ 794 /unit $ 1.89 /sf. Zone B $ 967 /unit $ 563 /unit $ 1.10 /sf. Developers who are required to construct portions of the transportation corridors will receive credit for that work toward the payment of their fees by the Transportation Corridor Agency pursuant to approved plans, specifications and phasing of the Agency, or by agreements with Parties executed prior to the effective date of this First Amended and Restated Agreement. The amount of credit neither will be adjusted with subsequent revisions to the fee program nor will additional fees based upon such subsequent revisions be required once such credit is memorialized by agreement. This credit may be transferred in accordance with the provisions of Section XI to subsequent owners of the property from which the credits were generated. . Payment of fees for residential multi -unit rental projects may be deferred for a period of five years from issuance of a building permit. The developer must enter into an agreement to pay the fee in effect at the time payment is due and provide a security in the amount of the fee plus 15%. Properties which are exempt from payment of property taxes will generally be exempt from payment of corridor fees. Governmental owned and constructed facilities and utilities will be exempt unless the facility is used for commercial or revenue generating purposes. -2- Portions of thirteen cities are included within the benefit areas for the SJHTC and F /ETC in addition to portions of the unincorporated County of Orange. The County may adopt a fee program only within the unincorporated areas. Participation by cities, therefore, is an important ingredient to a successful program that does not create inequities to property owners within differing jurisdictions. City and County cooperation is not only required in the adoption of a program and collection of fees, but should extend to decisions regarding expenditure of the funds. Joint Powers Agencies consisting of City and County members have been created to plan, design, finance, and construct the Corridors, and to determine the order of phasing of construction of corridor segments when developers are required to construct corridor improvements in lieu of payment of fees. All fees collected under this program will be deposited in accounts specifically for the transportation corridors to accomplish this purpose. -3- MAJOR THOROUGHFARE AND FOR SAN JOAQUIN HILLS AND TRANSPORTATION BRIDGE FEE PROGRAM FOOTHILL /EASTERN CORRIDORS Government Code Sections 50029 and 66484.3 permit the establishment of local ordinances to require payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares in Orange County. Pursuant to the above provisions of the Government Code, the Board of Supervisors adopted Section 7 -9 -316 of the Orange County Codified Ordinances providing for the establishment of major thoroughfare and bridge construction fees to be paid by subdividers and building permit applicants in the County of Orange. On April 21, 1982, the Board of Supervisors, by Resolution 82 -598, directed the Environmental Management Agency (EMA) to begin analyzing potential areas of benefits, and to proceed with the establishment of a fee program. The Board, furthermore, determined that developers of subdivisions which contain portions of any transportation corridor, would dedicate right -of -way, grade and construct necessary portions of the corridor and participate in any established corridor fee program. On February 15, 1983 the Board of Supervisors, by Resolution 83 -239, identified interim areas of impact for the San Joaquin Hills and Foothill /Eastern Transportation Corridors and directed EMA to require subdividers to enter into contracts to participate in corridor implementation pending establishment of a fee program. -4- On January 30, 1984 the Orange County Planning Commission adopted Resolution No. 45 -83 recommending that the Board of Supervisors adopt Major Thoroughfare and Bridge Fee Programs for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridor. On October 3, 1984 the Board of Supervisors, by Resolution No. 84 -1462, adopted Areas of Benefit and Major Thoroughfare and Bridge fees within unincorporated Orange County for the San Joaquin Hills and Foothill /Eastern Transportation Corridors. Subsequent cooperative analyses of the fee program by Orange County, Orange County Transportation Commission, the Building Industry Association of Southern California, Orange County Region, and cities within these Areas of Benefit have lead to the Fee Program defined within this report, and the formation of the San Joaquin Hills Transportation Corridor Agency and the Eastern /Foothill Transportation Corridor Agency to implement such Fee Program and plan, design, finance and construct such corridors. The County and various cities within the Area of Benefit of the San Joaquin Hills and Foothill /Eastern Transportation Corridors formed two Joint Powers Agencies known as the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor Agency. Necessary ordinances and resolutions to effect the Fee Program have been adopted by all parties of the Agency, and such program is now being fully implemented. A TRANSPORTATION CORRIDOR is a high- speed, high volume, access- controlled multimodal facility with a median of sufficient width to be utilized for transit considerations such as fixed rail or high- occupancy vehicles, and facilities necessary for collection of tolls. The corridors will provide for high speed movement of vehicular traffic where projected volumes exceed major arterial highway capacities. These routes will function similar to freeways and expressways and should eventually be incorporated into the State Highway System. They are, therefore, designed to meet minimum State and Federal standards. In addition to the need for major transportation corridors generated by existing development, the -5- relatively rapid growth and planned future development in Orange County also contributes directly to such need. Three such corridors (Foothill, Eastern and San Joaquin Hills) are included on the Master Plan of Arterial Highways (MPAH), and are a component of the Transportation Element of the Orange County General Plan_ Transportation corridors are depicted on the MPAH map as either conceptually proposed or established alignments. These facilities are part of a planned traffic circulation system necessary to support development of the County in accordance with existing General Plan Land Use Elements of the County and City Parties. These facilities will also relieve recurrent congestion on major arterials and freeways in Orange County. The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned as a high- speed, high capacity, access- controlled transportation facility to serve local and regional traffic and transit needs. Its alignment was established in 1979 as part of the MPAH and Transportation Element of the Orange County General Plan. That alignment includes the Corona del Mar Freeway (Route 73) in the Cities of Costa Mesa, Newport Beach and Irvine and extends southeasterly approximately 15 miles to join the San Diego Freeway (I -5) between Avery Parkway and Junipero Serra Road near the City of San Juan Capistrano (see Exhibit I). It will be designed to comport with scenic highway standards and provide approximately six to ten general purpose travel lanes, with a median of sufficient width to accommodate future high- occupancy vehicle (HOV) lanes and special transit facilities, if required in the future. The central segment of the corridor will carry the greatest amount of traffic because there are a limited number of alternative parallel highway facilities. Traffic volumes on the south end of the corridor are lowest along the route as a result of countywide traffic orientation, which is generally to the north. Access to the corridor will be limited to am approximately 12 grade- separate interchanges with arterial highways as well as provisions for future additional interchanges with arterial highways plus provisions for future additional exclusive interchange ramps for HOV lanes. Additional bridges may be required as the corridors cross substantial canyons and water courses. The EASTERN TRANSPORTATION CORRIDOR is currently shown as a set of alternative preferred alignments and included in the Transportation Element of the Orange County General Plan. The preferred alternatives will be studied further as the environmental review process continues. The FOOTHILL TRANSPORTATION CORRIDOR is an established alignment between the Eastern Corridor and a point northerly of Ortega Highway and a conceptual alignment between that point and San Diego Freeway (I -5). As depicted on Exhibit I, the Eastern Transportation Corridor will intersect the Riverside Freeway (Route 91) between Weir Canyon Road and Gypsum Canyon Road extending southeasterly approximately 13 miles to a point southerly of the Santa Ana Freeway (I -5) in the Cities of Tustin and Irvine. The Foothill Transportation Corridor will originate at the Eastern Corridor between Santiago Canyon Road and Irvine Boulevard and extend southeasterly approx. 32 miles to the San Diego Freeway (I -5) below San Clemente in San Diego County. It is anticipated the Eastern corridor will be a landscaped, grade separated scenic corridor which includes approximately six general purpose travel lanes and the Foothill Corridor, a landscaped corridor which includes four to six general purpose travel lanes with medians or other areas wide enough to accommodate HOV /Special Transit requirements if necessary. Access to the corridor will be limited to grade - separated interchanges with arterial highways plus provisions for future exclusive interchange ramps for HOV lanes. III. CORRIDOR PLANNING The level of facility planned in this report will support currently adopted land use plans of the County and Cities surrounding the corridors. In the event the Cities and County subsequently amend their existing General Plan Land uses Elements, particularly in areas serving the Foothill and Eastern Corridors, those facilities may require adjustments in lanes to accommodate that growth. It is intended that the fee adopted under this program will be reevaluated if an additional level -7- facility is needed to serve increased intensities planned in adopted land use Elements of their General Plan. In the event that such intensities are decreased, and reduction in the level of facility then is still feasible in view of rights of way then acquired, planning, design, engineering and construction then completed and financing commitments made, such fee also will be re- evaluated. The majority of the length of corridor alignments fall within relatively undeveloped areas of the County. Exceptions to this are either end of the San Joaquin Hills Transportation Corridor and the central segments of the Foothill /Eastern Transportation Corridors. Each corridor traverses areas of hilly terrain. A majority of the areas traversed by the corridors is zoned Planned Community with tentative tracts in various stages of approval. An alignment was selected by the Board of Supervisors for the San Joaquin Hills Transportation Corridor on November 28, 1979 and the northwesterly segment of the Foothill Corridor on May 25, 1983. More detailed engineering work is currently underway on the San Joaquin Hills Transportation Corridor to refine the selected alignment and determine right -of -way requirements. Similar detailed engineering is also in progress for the northwesterly segment of the Foothill Transportation Corridor. Alignment selection studies also are underway on the Eastern Corridor and the southerly end of the Foothill Corridor between about Oso Parkway and 1 -5. It is proposed that all corridors will eventually be added to the State Highway System. State legislation (AB 86) has been signed into law which redescribes State Route 73 (Corona Del Mar Freeway) to include the San Joaquin Hills Transportation Corridor. Legislation (SB 2048 and SB 2049), Chapters 1363 and 1364, respectively of the Statutes of 1988) also have been enacted which designates the Eastern and Foothill Transportation Corridors as State Routes 231 and 241, respectively. IV. ESTIMATED COSTS The construction costs include estimates for all corridor grading and general travel lane improvements including bridges, structural section, interchanges, partial landscaping, and arterial highway realignments dictated by the corridor alignments. The Im cost of grading general High- Occupancy Vehicle (HOV) lanes is included but not the cost of HOV structural section, bridges, median barriers or special access ramps. It is intended that implementation of any transit guideway or HOV facilities, if needed, would be provided from other funding sources. Other costs included for both Corridors includes engineering design, administration, construction inspection and right -of -way acquisition costs. It is proposed that developers will dedicate the majority of right -of -way for the transportation corridors. The cost estimate includes a cost for the portion of the right -of -way which would exceed a standard major arterial highway constructed along the corridor alignment excluding slope easements. The portion of right -of -way equivalent to a major arterial highway is excluded from the estimate to maintain a policy consistent with other arterial highway dedications. The cost of slope easements is excluded because of the wide variations between the natural terrain conditions and final development of adjacent lands, the inability to estimate the easement areas with certainty, and for consistency with existing arterial development policy. Right -of -way required to realign any intersecting arterial highway was also excluded from the cost estimate on the assumption that it will be dedicated in accordance with established development policy. The right -of -way to be included as art of the corridor cost was assumed to have a value of 50,000 /acre, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC) The cost of constructing the SJHTC to the standard of improvement as described in the previous section was based on the following estimates prepared for the County during the Phase II SJHTC study work, to be adjusted by the Agency in accordance with the California Construction Cost Index, or other comparable index selected by the Board. 30 TABLE IV -1 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST Construction: Engineering & Admin.: Contingencies: Right Of Way (in excess of Major Arterial Hwy.) Total (for purposes of Fee Program): $259,736,000 38,960,000 25,974,000 $341,660,000 B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS (F /ETC) The cost for constructing the Foothill /Eastern Transportation Corridors was estimated from information obtained from the Weir Canyon Park Road Study dated October, 1982, the Foothill Transportation Corridor Route Location Study dated December, 1982, and projection of costs from the San Joaquin Hills Transportation Corridor. Unit prices used in the cost estimates are considered to adequately estimate the cost in 1984 dollars. The original estimated costs, to be adjusted by the Agency in accordance with the California Construction Cost Index, are as follows: TABLE IV -2 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS COST Construction: Eng. & Admin.: Contingencies: Right Of Way (in excess of Major Art. Hwy Foothill $233,557,000 35,033,000 35,033,000 Eastern $143,526,000 21,528,500 21,528,500 Total $377,083,000 56,561,500 56,561,500 Total (for purposes of Fee Program): $317,774,000 $198,373,000 $516,147,000 V. OVERALL FINANCING The Board of Supervisors has established a transportation corridor development policy (Exhibit II), also implemented by the Agency and all of its Parties, which defines the corridor implementation obligations of land -10- development projects, and as noted in Section I of this report has indicated its general intent to require all new development to bear a portion of the costs of the corridors by payment of development fees (Major Thoroughfare Fee). Funds from other more traditional sources (e.g., existing state and federal taxes on motor vehicle fuel) and from other non - traditional sources (e.g. toll revenues) will be sought for the portion of the cost not funded by development fees. State Route 73 (Corona Del Mar Freeway) has been legislatively redescribed to correspond with the route of San Joaquin Hills Transportation Corridor. Similar legislation has been approved by the Legislature (SB 2048 and SB 2049) and is pending signature by the Governor to place the Foothill /Eastern Corridors in the State Highway System. The San Joaquin Hills Transportation Corridor also has been designated as the "first phase" of a federal pilot project authorized by HR2, Surface Transportation Act of 1986, thereby making it eligible for a maximum of 35% federal funding, if approved by the California Transportation Commission in its State Transportation Improvement Program (STIP). This Major Thoroughfare & Bridge Fee Program focuses only on the portion of the corridor implementation costs which may be attributable to new growth and for which development fees are proposed. The statutes identified in Section I of this report which authorize the collection of development fees specify that an Area of Benefit (AOB) shall be established which encompasses real property, which will benefit from construction of the major thoroughfares and bridges. The method of determining the AOB and the share of total corridor costs proposed to be paid by new development in the form of fees is explained in Sections VI and VIII of this report. -11- VI The originally estimated corridor costs, subject to adjustment as previously stated, and the portions allocated to new development through the Major Thoroughfare and Bridge (MT &B) fee program are: New Development Approximate Total Cost Share of Cost _% San Joaquin Hills: $341,660,000 $165,500,104 48.4% Foothill /Eastern: $516,147,000 $250,228,066 48.5% In accordance with current Agency policy, new developments within the path of the transportation corridors will be conditioned to dedicate right —of —way and grade the corridor within the boundaries of the development, construct arterial overcrossings for internal arterial highways and construct corridor travel lanes and interchange ramps required immediately for access to the development or for closure of short gaps in the transportation system. The estimated cost of these improvements including the estimated value of R/W dedication in excess of that required for a standard major arterial highway (excluding slope easements) will be considered as a credit against the required MT&B fees to the extent that these costs are included in the fee program. AREA OF BENEFIT In order to establish an MT&.B fee program, an Area of Benefit (AOB) must be identified within which fees may be required upon issuance of building permits or recordation of final maps to defray the cost of the major thoroughfares and bridges. Construction of the transportation corridors will provide key facilities to ensure that the County's transportation system is in balance with both existing and future land uses. The benefits, therefore, accrue not only to those properties which generate a high demand for use of the corridor but those which will benefit from less congestion and delay on the arterial highway and freeway system serving the property. Implementation of a balanced transportation system, including the corridors, will, furthermore, benefit undeveloped properties by allowing approval of land use to the level in County and City General Plans. -12- It is clear that both existing developed properties and undeveloped properties will benefit from construction of the transportation corridors. Development fees are proposed to finance a portion of the corridors proportional to the traffic demands, measured in trip ends, created by new growth. The portion of cost based upon existing trip ends represents the benefit to developed properties. Revenue for the cost allocated to existing development will be provided from public funding sources identified in Section V, "Overall Financing," of this report and, therefore, will not be assessed to individual properties. The methodology used to determine the AOB consisted of determining the influence the corridor had on trips made within the County. The analysis was cq� ducted with a system of computer programs known as UTPS (Urban Transportation Planning Systems). The computer programs were tailored for specific Orange County application and are commonly known as the SOCCS?/ travel demand model. The model subdivides Orange County and portions of adjacent Los Angeles County into more than 500 traffic analysis zones (TAZ). The model estimates the number of person trips each TAZ generates based on socioeconomic variables such as population, employment, income and number of housing units. These trips are then distributed from each zone to all other zones by a well - established procedure. The model then determines how many of these person trips will travel by auto, and finally assigns these auto trips onto a highway network. The socioeconomic data used in the AOB analysis is from the San Joaquin Hills Transportation Corridor Study and the Foothill Transportation Corridor Study. Using the trip- making data described above, a select link analysis (program UROAD /) was performed to determine the number of corridor related trip ends which originate in, or are I/ UTPS is a battery of sophisticated computer programs developed and sponsored by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel demand. South Orange County Circulation Study (SOCCS) travel demand forecasting model developed by EMA /Transportation Planning Division. 3/ UROAD is one of the computer programs in UTPS. It is a comprehensive flexible highway assignment and analysis program. -13- destined for, each traffic analysis zone (TAZ). These corridor TAZ trip ends were used in conjunction with the total TAZ trip ends (arterial highways plus corridor) to compute the percentage of trip ends by TAZ which use the corridor. The resulting percentages were posted.on TAZ maps in 2% increments (Exhibits III and IV). The influence area for each of the corridors is quite pronounced at the 4% and greater trip use level as shown on the exhibits. The pattern of corridor usage becomes erratic below the 4% level. The determination of the AOB for each of the transportation corridors was based primarily on the above corridor influence areas. However, the following additional criteria were used to supplement the percent of corridor use data to analyze relative benefits: 1. Corridor trip ends exceed 1.75 trip ends per gross acre of the TAZ. 2. Total corridor trip ends per TAZ exceed 2,000. 3. Trip end growth within each TAZ exceeds 45 %. 4. Perceived direct and indirect benefits to the transportation system. Identifiable physical and planned features closely approximating the pattern of corridor usage were used to describe the boundaries of the benefit areas. Within each Area of Benefit, some lands were judged to receive more benefit than others from the construction of the corridors. Developments which create relatively high demands for use of the corridors were placed in a different fee zone within the Area of Benefit than other developments with less direct use. The boundaries between the fee zones were determined utilizing the TAZ data on Exhibits III and IV. Traffic analysis zones where the percentage of corridor trip ends equals or exceeds 8% were defined as Zone A. Traffic analysis zones with less than 8% use were defined as Zone B. Zone A and B are depicted on Exhibit I. The AOB's for the San Joaquin Hills and the combined Foothill /Eastern Corridors include both incorporated and unincorporated territory and generally encompass the southeasterly half of Orange County as illustrated on —14— Exhibit I. A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR A more detailed map of the San Joaquin Hills Transportation Corridor AOB is shown on Exhibit V. This AOB contains approximately 122 square miles. All or portions of the following cities are within this AOB: TABLE VII -1 SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION Costa Mesa Irvine Laguna Beach Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana City Subtotal Unincorporated Territory Total 4WETMEW �c 3.2 sq. miles 22.2 5.6 (included in the "Unincorporated Territory" area) 8.3 3.8 8.2 2.8 54.1 68.3 (including the area within the newly incorporated City of Mission Viejo) 122.4 sq. miles The AOB is bounded by the Pacific Ocean: beginning at the easterly boundary of the City of Newport Beach at the Pacific Ocean; thence along said external boundary defined by annexation nos. 843, 64, 897, 84, and 585 to its intersection with an extension of Fifth Avenue; thence northwesterly along said extension to Fifth Avenue; thence northwesterly along the centerline of said Fifth Avenue to Coast Highway; thence northwesterly along the centerline of said Coast Highway to the crossing of the Upper Newport Bay; thence along a line northerly through said Upper Newport Bay to the point where the Santa Ana -Delhi Channel (Facility FO1) enters said Upper Newport Bay; thence along the centerline of Santa Ana -Delhi Channel from Upper Newport Bay to University Drive; thence -15- westerly along the centerline of said University Drive to Santa Ana Avenue; thence northerly along the centerline of said Santa Ana Avenue to Corona Del Mar Freeway (State Route 73); thence northwesterly along the centerline of said Corona Del Mar Freeway to the San Diego Freeway (Interstate Route 405); thence westerly along the centerline of said San Diego Freeway to Harbor Blvd.; thence northerly along the centerline of said Harbor Blvd. to MacArthur Blvd.; thence easterly along the centerline of said MacArthur Blvd. to Main Street; thence northerly along the centerline of said Main Street to Dyer Road; thence easterly along the centerline of said Dyer Road to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Edinger Avenue; thence easterly along the centerline of said Edinger Avenue to the Newport -Costa Mesa Freeway (State Route 55); thence southeasterly along the centerline of said Newport -Costa Mesa Freeway to Warner Avenue; thence southeasterly along the centerline of said Warner Avenue to Red Hill Avenue; thence southwesterly along the centerline of said Red Hill Avenue to Alton Avenue; thence northwesterly along the centerline of said Alton Avenue to Newport -Costa Mesa Freeway; thence southwesterly along the centerline of said Newport -Costa Mesa Freeway to the San Diego Freeway (Interstate 405); thence southeasterly along the centerline of said Interstate 405 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the prolongation of the southerly boundary of Rancho Mission Viejo (approximately at Via Escolar); thence southeasterly along the Rancho Mission Viejo boundary line as described by Record of Survey 9/15 -18 to the easterly corner of Tract No. 6381; thence westerly along the southerly line of said Tract No. 6381 to the easterly boundary at Parcel Map No. 80 -851; thence southerly along said easterly boundary of Parcel Map No. 80 -851 to Rancho Viejo Road; thence southerly along the centerline of said Rancho Viejo Road to Ortega Highway; thence easterly along the centerline of said Ortega Highway to La Novia Avenue; thence southerly along the centerline of said La Novia Avenue and its proposed extension to Tentative Tract No. 11648; thence southerly along the easterly boundary of said Tentative Tract No. 11648 to the boundary of Tentative Tract No. 11832; thence southerly along the easterly boundary of said Tentative Tract No. 11832 to the northerly boundary of Tract No. 8087; thence easterly -16- and southerly along the boundary of said Tract No. 8087 to the boundary of Tract No. 9784; thence easterly along the northerly boundary of said Tract No. 9784 and the prolongation of said boundary to the boundary of the City of San Juan Capistrano; thence southeasterly along said city external boundary defined by Incorporation boundaries of April 19, 1961 and annexation nos. 105 and 24 and deannexation per City resolution 62- 11 -12 -2 to Interstate 5; thence southerly along the centerline of said Interstate 5 to its intersection with the Orange /San Diego County line; and thence southerly along said County line to the Pacific Ocean. Zone A is bounded on the south by the Pacific Ocean and is described as follows: Beginning at the intersection of the total Area of Benefit westerly boundary with the Pacific Ocean; thence along said total Area of Benefit boundary to Marguerite Avenue; thence northerly along the centerline of said Marguerite Avenue to San Joaquin Hills Road; thence easterly along the centerline of said San Joaquin Hills Road to Spyglass Hill Road; thence northerly along the centerline of said Spyglass Hill Road to San Miguel Drive; thence northerly along the Centerline of said San Miguel Drive to Ford Road; thence northeasterly along the centerline of said Ford Road and its proposed northeasterly extension as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984, to Bonita Canyon Road; thence easterly along the centerline of said Bonita Canyon Road to the proposed southerly extension of Sand Canyon Avenue as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Sand Canyon Avenue to the westerly extension of Bake Parkway as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of said Bake Parkway to Laguna Canyon Road; thence southerly along the centerline of said Laguna Canyon Road to the proposed westerly extension of Santa Maria Avenue as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of the proposed extension of Santa Maria Avenue and Santa Maria Avenue to Moulton Parkway; thence southerly along the centerline of said Moulton Parkway; thence southerly -17- along the centerline of said Moulton Parkway to E1 Toro Road, thence northeasterly along the centerline of said El Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said E1 Toro Road to Paseo de Valencia; thence southeasterly along the centerline of said Paseo de Valencia and its easterly prolongation to intersect Interstate 5 which is also the easterly boundary of the total Area of Benefit; thence southerly along said easterly boundary of the total Area of Benefit boundary to where it again intersects Interstate 5 in the vicinity of Camino Las Ramblas; thence northerly along the centerline of said Interstate 5 to San Juan Creek Road; thence westerly along the centerline of said San Juan Creek Road to Camino Capistrano; thence northerly along the centerline of said Camino Capistrano to Del Obispo Street; thence westerly along the centerline of said Del Obispo Street to Alipaz Street; thence southerly along the centerline of said Alipaz Street to Camino Del Avion; thence westerly along the centerline of said Camino Del Avion and its proposed westerly prolongation as shown on said Master Plan of Arterial Highways, to Crown Valley Parkway; thence southerly along the centerline of said Crown Valley Parkway to Monarch Bay Drive; thence southwesterly along Monarch Bay Drive and its southwesterly prolongation to the Pacific Ocean. Zone B is described by the total San Joaquin Hills Area of Benefit excluding Zone A as described above. B. FOOTHILL /EASTERN TRANSPORTATION CORRIDORS A single Area of Benefit was selected for the combined Foothill and Eastern Transportation Corridors because of corridor usage patterns. A more detailed map of the Foothill /Eastern Corridors AOB is shown on Exhibit VI. This AOB contains approximately 291 square miles. All or portions of the following cities are included in this AOB: -18- TABLE VII -2 FOOTHILL /EASTERN AOB BY LOCAL JURISDICTION Anaheim Irvine Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Villa Park Yorba Linda City Subtotal Unincorporated Territory Total FfTa UP 1T4EFFi1LTQ e 14.1 sq. miles 18.9 (included within the "Unincorporated Territory" area) 10.6 13.5 5.0 2.8 11.1 2.1 17.7 95.8 194.7 (including the area within the newly incorporated City of Mission Viejo) 290.5 sq. miles The AOB is bounded generally by the northerly boundary of the San Joaquin Hills Transportation Corridor AOB from the San Diego County Line to the intersection of the San Diego Freeway (State Route 405) and the Newport -Costa Mesa Freeway (State Route 55); thence northeasterly along the centerline of State Route 55 to Alton Avenue; thence southeasterly along the centerline of said Alton Avenue to Red Hill Avenue; thence northeasterly along the centerline of said Red Hill Avenue to Warner Avenue; thence northeasterly along the centerline of said Warner Avenue to State Route 55; thence northeasterly along the centerline of said State Route 55 to Edinger Avenue; thence westerly along the centerline of said Edinger Avenue to Grand Avenue; thence northerly along the centerline of said Grand Avenue to Seventeenth Street; thence easterly along the centerline of said Seventeenth Street to State Route 55; thence northerly along the centerline of said State Route 55 to the Riverside Freeway (State Route 91); thence northwesterly along the centerline of said State Route 91 to Tustin Avenue; thence northerly along the centerline of said Tustin Avenue -19- to Jefferson Street; thence northerly along said Jefferson Street to the southerly city limits of Placentia; thence along the external boundary of said city limits defined by annexation nos. 69 -1, 76 -1, 71 -01, 65 -4, 63 -3, 6401, 65 -7, 63 -4, 63 -2, 64 -4, and 72 -2 to its intersection with Imperial Highway; Placentia to Imperial Highway; thence southwesterly along the centerline of said Imperial Highway to Valley View Avenue; thence northerly along the centerline of said Valley View Avenue and its prolongation to the southerly boundary of Chino Hills State Park; thence easterly along the southerly boundary of Chino Hills State Park to its intersection with the Orange /San Bernardino County line; thence southeasterly along the Orange County line to the boundary of the San Joaquin Hills Transportation Corridor Area of Benefit. NE A Zone A begins at the Orange /San Bernardino County line where said County Line intersects the centerline of the proposed extension of La Palm Avenue as shown on the Orange County Master Plan of Arterial Highways dated August 8, 1984; thence westerly along the centerline of said proposed La Palma Avenue to the proposed extension of Gypsum Canyon Road as shown in said Master Plan of Arterial Highways; thence southerly along the centerline of said proposed Gypsum Canyon Road to the Riverside Freeway (State Route 91); thence westerly along the centerline of said State route 91 to the northwesterly prolongation of the easterly boundary of the Wallace Ranch as shown in Orange County Record of Survey 2 -5; thence southeasterly along said prolongation of the easterly boundary of the Wallace Ranch and continuing southeasterly along said easterly boundary to the northeasterly corner of the Oak Hills Ranch as shown in said Record of Survey 2 -5; thence southeasterly along the easterly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 and continuing southwesterly along the southerly boundary of said Oak Hills Ranch as shown in said Record of Survey 2 -5 to the proposed southerly extension of Weir Canyon Road as shown on said Master Plan of Arterial Highways; thence southerly along said Weir Canyon Road to the north boundary of Tentative Tract No. 13627 in the City of Tustin; thence southerly along the centerline of Jamboree Road within Tentative Tract No. 13627 to -20- Tustin Ranch Road; thence southerly along the centerline of Tustin Ranch Road within Tentative Tract No. 12870 to Irvine Boulevard, thence easterly along the centerline of said Irvine Boulevard to Sand Canyon Avenue; thence southerly along the centerline of said Sand Canyon Avenue to the proposed realignment of Trabuco Road as shown on said Master Plan of Arterial Highways; thence easterly along the centerline of said proposed realignment of said Trabuco Road to the proposed northerly extension of Muirlands Boulevard; thence along said Muirlands Boulevard to the centerline of Alton Avenue, thence northerly along the centerline of said Alton Avenue to Jeronimo Road; thence easterly along the centerline of said Jeronimo Road to Bake Parkway; thence northerly along the centerline of said Bake Parkway to Trabuco Road; thence easterly along the centerline of said Trabuco Road to Impressa Street ; thence northerly along the centerline of said Impressa Street to Santa Margarita Parkway ; thence easterly along the centerline of said Santa Margarita Parkway to the proposed Antonio Parkway as shown on said Master Plan of Arterial Highways; thence southerly along the centerline of said Antonio Parkway to Ortega Highway; thence southwesterly along the centerline of said Ortega Highway to the proposed easterly extension of Avery Parkway as shown on said Master Plan of Arterial Highways; thence westerly along the centerline of said proposed extension and Avery Parkway to the Santa Ana Freeway where it intersects the common boundary between the Foothill /Eastern and the San Joaquin Hills AOBs; thence southeasterly along said common AOB boundary to the Orange /San Diego County line; thence northerly along the Orange County line to where it intersects the centerline of the proposed La Palma Avenue as shown on said Master Plan of Arterial Highways. Zone B is described by the total Foothill /Eastern Area of Benefit excluding Zone A as described above. VIII. FEES In order to establish a corridor fee, it is necessary to determine who is to pay the fee, the facility cost to be supported by fees and a basis or unit of measure for the fees. As has been previously stated, it is proposed that fees be paid by future development within the defined -21- Areas of Benefit in reasonable proportion to the benefit derived. The corridor facilities will, of course, also benefit existing development within the Areas of Benefit. The share of corridor cost attributable to benefits derived by existing development is proposed to be funded from other sources. A. Determination of Fee Program's Share of Corridor Cost The first step in calculating the fee program share of the corridor cost was to determine the percentage of corridor user trip ends that originate or end within the Area of Benefit which are attributable to new growth. Trip information derived from the SOCCS travel demand model was used for this analysis. This percentage was established as the developers share and multiplied by the total corridor cost to determine the fee program share of costs as shown in Table VIII -1. The fee program share of corridor cost was then separated into amounts representing direct and indirect benefits to the benefit zones (A & B Zones) based upon peak hour and non -peak hour travel characteristics. Approximately sixty -one percent4/ (61 %) of corridor trips are expected to occur during non -peak travel hours, thus representing a measure of the direct benefit fxom the corridors. Approximately thirty -nine percent- / of corridor trips are expected to occur during peak hours of travel, thus representing lessened congestion on the remaining transportation system. This system relief is defined as indirect benefit. The direct and indirect factors were used to identify the relative benefits between the A and B zones. The portion of fee program share representing direct benefit was divided between the A and B zones based upon the percentage of corridor user trips due to growth within each zone. The portion of developers share representing indirect benefit was distributed between the A and B zones based upon the percentage of total trip ends on the transportation system within each zone. The fees for the A and B Zones, therefore, include a measure of both direct and indirect benefits 4/ Caltrans, LARTS 1976 Urban Rural Survey. -22- received by each zone. Exhibits VII and VIII show the method in which these calculations were made. The fee program share of the original estimate of Corridor Cost shown below represents an estimate of the share attributable to new development. It is expected that this share may change as future revisions are made to the fees. TABLE VIII -1 FEE PROGRAM SHARE OF CORRIDOR COST Total Corridor Costs ($) SJHTC Zone A Zone B Total F /ETC Zone A Zone B Total $341,660,000 $516,147,000 B. Determination of Base Fee Developers Share M Share ($) 28.6% $ 97,856,775 19.8% $ 67.643.330 48.4% $165,500,105 25.8% $133,096,099 22.7% $117.131.975 48.5% $250,228,066 The cost attributable to future development must be reduced to a fee so that it may be apportioned in an equitable manner to specific types of development. Allocation of the cost on the basis of trip end generation by general land use category is proposed, where: cost apportioned to future development in the AOB zone cost /trip end trip end growth in the AOB zone -23- 5-/ SJHTC F /ETC Zone A $97 a56 774 $x,091 80 /TE _ $74 /TE _ $ 1,321,160 1,665,922 ��� �4?_330 ti1L 131 975 Zone B _ $46 /TE _ $43 /TE 1,462,093 2,730,730 The data used in computing the average cost per trip end are summarized in Exhibit IX and X. The trip end generation factors used in the calculation were derived from the pGgrowthiin dwellinghunitsn Exhibit XI. The projected was taken from the respective San Joaquin Hills and Foothill Transportation Corridor studies. Projected was growth in industrial /c� cnercial floor projections. generated from MMTS II employm C. FEE DISTRIBUTION Various land uses within the area of benefit have been grouped into three major categories for the purposes es to individual developments. The of distributing fe three general categories used include residential single - family dwelling units, residential multi -unit dwellings, and non - residential land uses. The trip ends calculated for the non - residential land use category were a summation of more specific non - residential categories such as manufacturing, retail regional, neighborhootratesmercials and office uses. The trip generation used to calculate the trip ends for each of these more specific non - residential land uses were averages of rates shown in Exhibit XI. Prior to the summation of the trip ends from each of the more specific non - residential land uses, an adjustment was made to the projected trip ends for neighborhood /community commercial land uses. This adjustment was an attempt to reflect the benefits to residential land uses Employment projections adopted by the Orange County Transportation Commission. -24- which accrue from construction of neighborhood /community commercial development. Neighborhood /community commercial primarily benefits local residents by providing an opportunity to shop close to home. Many of the trip ends typically assigned to local retail uses are accounted for by these short trips arriving from and returning to residences. These residential- related trip ends actually provide savings in travel costs due to the short nature of the trip. Additionally, neighborhood /community commercial development tends to reduce energy consumption and traffic impacts. Residential land uses receive sufficient benefit from construction of neighborhood /community commercial development to distribute a portion of the trip ends attributable to neighborhood /community commercial development to residential land uses. For this reason, 60% of the trip ends attributable to neighborhood /community commercial development were reassigned to single family residential and multi -unit residential land uses as a measure of this increased benefit. The reassigned trip ends were split between single family and multi -unit residential land uses based upon their respective trip ends due to growth. The adjusted trip ends are as follows: TABLE VIII -2 ADJUSTED AOB TRIP ENDS Zone A Zone B Generated Adjusted Generated Adjusted Trip Ends Trip Trip Ends Trig Ends SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Single Family Residential Units 379,452 557,635 139,368 254,936 Multi -Unit Residential Unit 193,956 285,053 240,723 440,312 Neighborhood /Community Commercial 448,800 179,520 525,262 210,105 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Single Family Residential 666,024 897,960 643,812 1,143,880 Multi -Unit Residential Units 160,377 216,238 248,906 442,221 Neighborhood /Community Commercial 479,662 191,865 1,155,638 462,255 -25- Once this adjustment was made, the fee program share of the total corridor cost for each of the three generalized land use categories was determined. The single - family residential and multi -unit residential share of the corridor cost was calculated first by multiplying the adjusted trip ends shown above by the appropriate cost per trip end as developed in Exhibits IX and X. The non - residential share of the corridor cost was calculated by using the difference between the total fee program share and the total residential share of the corridor cost. The fee program share of corridor cost by generalized categories is: TABLE VIII -3 FEE PROGRAM SHARE BY LAND USE CATEGORY Single Family Multi -Unit Total Residential Residential Non - Residential SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone A $41,264,990 $21,093,922 $35,497,862 Zone B $11,727,056 $20,254,352 $35,661,922 FOOTHILL /EASTERN TRANSPORTATION CORRIDORS Zone A $71,836,800 $17,299,040 $43,960,251 Zone B $49,186,840 $19,015,503 $48,929,632 Developer's Share $ 97,856,774 $ 67,643,330 $133,096,091 $117,131,975 Once the fee program share of corridor cost by the three generalized land use categories was determined, a fee for each of these categories was determined by dividing each share by the appropriate number of residential units or areas of buildings, shown in Exhibits IX and X. Following is the final fee calculation for each of the three general land use categories for both A and B fee zones. -26- TABLE VIII -4 AREA OF BENEFIT FEES _27— Original Original Fee Original Rounded Current Land Use Calculation f2k fol LU SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Zone Single — family $41,264,990 + 31,621 units $1,305 /unit $1,305 /unit $1372 /unit Multi —unit $21,093,922 + 27,708 units $761 /unit $760 /unit $799 /unit Non — residential $35,497,862 + 20,021,185 sf $1.77 /sf $1.75/sf $1.84/sf Zone B Single family $11,727,056 + 11,614 units $1,010 /unit $1,010 /unit $1062 /unit Multi —unit $20,254,352 + 34,389 units $589 /unit $590 /unit $620 /unit Non — residential $35,661,922 + 27,700,559 sf $1.29 /sf $1.30 /sf $1.36 /sf Fee Original Rounded Current Land Use Calculation fig fee fl.@ FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Zone A Single — family $71,836,800 + 55,502 units $1,294 /unit $1,295 /unit $1360 /unit Multi —unit $17,299,040 + 22,911 units $755 /unit $755 /unit $794 1unit Non — residential $43,960,251 + 24,231,767 sf $1.81 /sf $1.80 /sf $1.89/sf Zone B Single — family $49,186,840 + 53,651 units $917 /unit $920 /unit $967 /unit Multi —unit $19,015,503 + 35,558 units $535 /unit $535 /unit $563 /unit Non — residential $48,929,632 + 46,616,669 fees $1.05 /sf $1.05 /sf $1.10 /sf _27— D. APPLICATION OF FEES When development fees are collected at the time of building permit issuance, the number of residential units or area of non - residential buildings will be known. The fees for each development will simply be calculated by multiplying the number of residential units or gross floor area of non - residential buildings times the appropriate land use category and the fee zone. Gross floor area shall be defined as total floor area including each floor of multiple story buildings within the outer footprint of the building as described on the building permit. Adjustments will not be made to traffic generation rates to reflect anomalies due to project design or other conditions. All land uses will be determined to be within the most appropriate of the three general land use categories. In the event an existing non - residential building is proposed to be expanded, the fee will be determined by the net increase of building area. If a non - residential building is converted to another non - residential use with no net increase in building area, no fees shall be required. Parking structures shall also be exempt from payment of fees since they do not generate a vehicular attraction in and of themselves. The following categories which receive exemptions from payment of property taxes will also be generally exempt from paying transportation corridor fees: (1) Church; (2) Religious; (3) College; (4) Welfare; (5) Wholly Exempt; (6) Other. The final determination of whether a property is exempt will be based upon verification of a property tax exemption for those specified categories on the latest Assessor's roll as defined for Orange County by the State of California. Government -owned facilities or utilities shall be exempt from payment of fees to the extent that the facilities will not be used for generating revenue or commercial purposes. Examples of exempt public uses are city halls, park buildings, and other public buildings. Privately owned utilities will not be exempt from payment of corridor fees. Notwithstanding property tax exemptions, governmental -owned or constructed facilities (including but not limited to counties, cities and -28- redevelopment agencies) which will generate revenue or be leased for commercial purposes shall pay fees in accordance with the established fee schedules. Examples of this include the revenue generating portions of airports, train stations, stadiums, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the event construction of these facilities is an expansion of an existing use, the fee shall be determined based upon the net increase of building area. All disputes over application of fees to specific projects or disputes over exemptions of projects from fee requirements shall be presented to the Joint Powers Agency described in Section XIII of this report for resolution. Examples of fee calculations: The fee for a development consisting of 100 single - family detached units, 300 condo units and 25,000 s.f. of office and Neighborhood Shopping Center uses, calculated upon original rates, would be: (100 D.U. x $1305 /D.U.) (300 D.U. x $760 /D.U.) (25,000 S.F. x $1.75 S.F.) Total fee for development if located in Zone A of SJHTC AOB rootniiiizastern Avn «one n): (100 D.U. x 920 /D.U.) (300 D.U. x $535/D.U.) (25,000 S.F. x $1.05 /S.F.) Total fee for development if located in Zone B of Foothill/ Eastern AOB $ 130,500 $ 228,000 $ 43.750 MONEVIONZ161 _ $ 92,000 $ 160,500 $ 26.250 $ 278,750 2. Total fee for reconstruction of a 10,000 s.f. office building to a 15,000 s.f. Neighborhood Shopping Center would be calculated as follows -29- IX V4 San Joaquin Hills AOB (Zone B): (5,000 s.f. x $1.30 /s.f.) _ $ 6,500 Total fee for development if located in Zone A of SJHTC AOB = $ 6.500 Foothill /Eastern AOB (Zone A): (5,000 s.f. x $1.80 /s.f.) _ $ 91000 Total fee for development if located in Zone A of Foothill/ Eastern AOB = $ 9.000 u 's_ • Fees may be deferred by the Parties for residential multi -unit rental projects or projects which include State or Federal requirements to provide units affordable to families with incomes less than 80% of the median income (Section VIII housing). The deferral may be for a period of five years from the issuance of building permits or the period of the State /Federal funding requirements beginning upon issuance of the first building permit. The fees to be paid shall be those in effect at the time of payment and shall be secured by an agreement and renewable letter of credit held by an escrow company, or cash or time certificate of deposit in the amount of fees plus 15 percent in anticipation of inflationary increases. The enabling ordinance provides for collection of fees as a condition of final map approval or issuance of building permits. Fees shall be collected prior to issuance of all building permits for new residential structures and commercial /industrial structures which establish new and enlarged floor space. Fees will not be required for remodeling or reconstructing existing structures to the same number of residential dwelling units or equal commercial building area. Fees will not be required for construction of retaining walls, patio covers, swimming pools or other non inhabitable residential structures. -30- XI. DEVELOPMENT EXACTIONS & CREDITS Development projects containing portions of transportation corridors within their boundaries shall be required by condition of approval of the cities or county Parties to accomplish the following: 1. Dedicate right -of -way in accordance with schematic plans approved by the applicable Agency. 2. Grade corridor right -of -way in accordance with schematic plans approved by the applicable Agency and shown on the Tentative Tract Map and rough grading plans. 3. Construct arterial overcrossings for internal arterials as determined by the applicable Agency. Width of overcrossing structure (i.e., number of travel lanes) is to be determined based upon vehicular and pedestrian traffic generated by the proposed project. 4. Construct corridor travel lanes and interchange ramps required immediately for access to proposed development or system continuity (closure or short gaps) in accordance with the corridor construction phasing plan adopted by the applicable Agency, or as otherwise approved by the applicable Agency. Number of lanes required is to be based upon traffic generated by proposed project. 5. Participate, among other designated beneficiaries, in the San Joaquin Hills or Foothill /Eastern Transportation Corridor fee program. Subdivision in which right -of -way, grading and improvements are required for the transportation corridors will be eligible for credit toward payment of the MT&B fees to the extent that the costs were included in development of the fee program. Except when otherwise provided by an agreement entered into by a Party prior to the effective date of this First Amended and Restated Agreement, whenever subdivision approvals are conditioned upon requirements to grade or improve portions of transportation corridors or dedicate right -of -way in excess of Major Arterial Highway Standards, and these costs exceed fees that would otherwise be due, the developer shall enter into an agreement with the applicable Agency and county or applicable city prior to -31- recordation of final tract or parcel maps to identify the difference in the dollar amount between the estimated costs of the grading, improvements, and /or right -of -way, and the calculated fees. Such agreements will establish the amount of reimbursement for which the developer is entitled. A developer shall be entitled to reimbursement after acceptance of improvements by the applicable Agency to the extent major thoroughfare and bridge fees are available for reimbursement after satisfaction of all other obligations of the applicable Agency for which major thoroughfare and bridge fees are required. Satisfaction of such reimbursement obligations, however, in the event funds used to construct corridor facilities in excess of fee obligations are derived from Assessment District or Mello -Roos Community Facilities District bonds shall be made to such districts in a manner which will reduce the amount of such bonds in proportion to the reimbursement payment made by Agency. Except for the initial issuance and sale of bonds by Agency, repayment of all existing reimbursement agreement obligations by Agency shall be funded by any subsequent bond issue and satisfied upon receipt of bond proceeds. If the estimated costs of the grading, improvements, and /or excess right of way are less than the calculated fee, a developer may relinquish credits in lieu of paying fees until credits are fully utilized with the remainder of the fee to be collected prior to issuance of building permits. In the event a development not requiring subdivision is conditioned to construct or grade portions of the transportation corridors or dedicate right -of -way, reimbursement agreements shall be executed prior to issuance of any building permits within the project boundaries. Developers will be allowed to apply credits earned on one project to another project within the same Area of Benefit owned by the same developer. In the event title to the land of a project changes, credits can be transferred to another developer with the title to the land upon written notification to the appropriate legislative body and applicable Agency that is a party to the reimbursement agreement. Credits will otherwise be non - transferable from one developer to another. Credits can be used for the purpose of reducing fees prior to completion and acceptance of grading, improvements or right -of -way dedication. However, except as otherwise provided herein no reimbursements shall be made until all -32- grading, improvements or dedication are completed and accepted by the Agency and funds are available for reimbursement as determined by the Agency. The guidelines for determination of fee credits are as follows: 1. General Credit for right -of -way dedication, grading, and other improvements will only be given to the extent that the cost of such right -of -way or improvements are included in the calculation of fees in the Major Thoroughfare and Bridge Fee Program. 2. Right -of -Way Credit will be given for right -of -way dedication at the rate of $50,000 per acre adjusted in accordance with the California Construction Cost Index, or comparable index selected by the Board, currently $52,546 per acre, except for slope easements and a 120- foot -wide strip along centerline of the transportation corridor which would normally be required for arterial highway dedication. 3. Grading Credit will be given for earthwork, road and slope drainage, buttressing, stabilization, hydroseeding and erosion control at the following combined rates: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Original /Current Corridor Segment Credit Rate Jamboree to Station 511+50 $149,784/$157,410 per acre road easement Station 511 +50 to Moulton Parkway $124,132/130,452 per acre road easement Moulton Parkway to Paseo de Colinas $124,915/131,275 per acre road easement FOOTHILL /EASTERN TRANSPORTATION CORRIDOR Foothill /Eastern Corridor $137,060/$144,038 per acre road easement -33- The term road easement as used above includes the entire area within right -of -way (hinge point to hinge point) excluding slope and drainage easements. The credit values furthermore include percentages or work estimated for engineering, administration and contingencies for the respective transportation corridors. 4. Drainage Credit will be given for drainage structures in accordance with lengths of pipe and unit prices estimated as costs in the fee program or for as -built structures which the Director, EMA or his designee determine are reasonable equivalents of the structures in the fee program cost estimate. Unit prices for as -built drainage structures will be those used in the latest fee program cost estimate. Engineering and administration credit of 15% of the drainage structure credit will be added. Contingency credit of 10% of the drainage structure credit will be added. Terrace drains, downdrains and temporary drainage facilities or erosion control facilities are included in the average unit cost of grading. 5. Other Improvements Credit will be given for other improvements at the rate at which the improvement was estimated in the fee program plus 15% for engineering and administration plus 10% for contingencies. The credit rates specified above will be revised whenever the corridor costs estimates are revised for the purpose of adjusting fees. Once fee credits are established by an executed reimbursement agreement, no further adjustments will be made to those credits because of revisions to the corridor cost estimates or fee adjustments. XII. ANNUAL FEE ADJUSTMENT It is intended that annually the fee programs be automatically adjusted by the Agencies in accordance with the California Construction Cost Index, or other comparable index selected by the Board, and further adjusted by the Agencies to reflect updated project cost estimates, substantial -34- changes in general plan land use elements, or other pertinent information. In the event an annual evaluation of the fee programs causes fees to be reduced for any reason, reimbursements will not be considered for fees already paid. There are thirteen different cities within the proposed Areas of Benefit for the Foothill /Eastern and San Joaquin Hills Transportation Corridors. Joint Powers Agencies ("Agencies ") consisting of City and County Parties have been formed for the purposes of planning, designing, financing and constructing the San Joaquin Hills and Foothill and Eastern Transportation Corridors. Fees collected by such Cities and the County will be deposited with the Agencies for such purposes. The Agencies will be responsible for administering fees collected under this fee program including any credits reimbursements called for in reimbursement agreements identified in Section XI of this report. MICUfl -36- �g i a Eg 1 _ �isaT aI 3 RESOLUTION OF THE 80AR0 OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA i April 21, 1982 6 On motion of Supervisor Wieder, duly seconded and carried, the 7 following Resolution was adopted: S WHEREAS, development of lands is occurring which contributes 9 directly to the need for transportation corridors; and 10 WHEREAS, said development may obstruct future sight- cf-way for 11 the transportation corridors; and 12 WHEREAS, development benefitting from implementation of the 13 transportation corridors should contribute toward the cost generally 14 in proportion to the need generated; and 1S wHEREAS, right- of-way for the transportation should be protected o• ." 16 as development occurs; and 17 WHEREAS, grading should be accomplished, whenever possible, in "• 18 conjunction with the grading and development of surrounding property; 19 and 20 WHEREAS, implementation of logical increments of the corridor 21 should occur in conjunction with the land development process whenever 22 the transportation needs of that development require those !acilities 23 for access; and 24 WHEREAS, development policies for the implementation of the r 25 transportation corridor will provide a basis for planning of future 26 development and serve as notice to the public as to the future 27 locations of the corridors; ttGG :dh Resolution Sic. 82 -398 Transportation Development Corridors mentPo icy -37- 11 2 3 1 S 6 7 9 10 11 121 131 14 It a IS a as" o 16 S • r • 17 18 19 20 21 22 23 24 2S w - 26 7 M t 27 23 NOWO TMt..teeORE, BE IT RESOLVED that as a condition of approval of subdivisions containing within their boundaries portions of transportation corridors shown on the Transportation Element of the County General Plan the developer shall: 1. Dedicate right- of-way to County. 2. Grade corridor right -cfway in accordance with schematic plans approved on the tentative snap and rough grading plans approved by the Director, IM. 3. Construct arterial overcrossings for internal arterials. Width of overcrossing structure (i.e., number of travel lanes) is to be determined based upon vehicular and pedestrian traffic generated by the proposed project. 4. Construct corridor travel lanes and interchange ramps required immediately for access to proposed development or system continuity (closure of short gaps). Number of lanes required is to t based upon traffic generated by proposed project. 5. Participate, among other designated beneficiaries, in any established corridor development fee program. Costs incurred pursuar. to Conditions 2 through 4 shall be creditable against fees. Costs incurred pursuant to Condition 1 shall be creditable against fees to the extent that the develop - =t fee program includes said right- of -wa. cost. BE IT FURTHER RESOLVED that EMA is hereby directed to amend appropriate seotiohs of the Subdivision and Zoning Codes to implement this policy. BE IT FURTHER RESOLVED that EM is hereby directed to incorporate In General Plan amendment elements, soning actions, area plans and site plans recommendations appropriate for implementing this policy. -38- l 1 2 3 1 s 7 8 9 10 31 12 13 14 bE IT euk'YFLk kESULVED that EN.A is hereby directed to begin analy21ng potential areas of benefit as an adjunct to the Orange Count Orange County Transportation Commission Transportation Finance Study. BE IT FURTHER RESOLVED that affected cities be requested to adopt similar policies. BE IT FURTHER RESOLVED that MA is hereby directed to proceed eypeditiously with the establishment of a fee program. J Y �yY r 16 o' 17 Y 18 AYES: SUPERVISORS &tiFMI� -'T'1' M. VIEDER, RAMPS B. CLARK, AND ROGER' R. STANTON 19 20 NOES: SUPERVISOPS Mon ASSENT: SUPERVISORS BRUCE MESTANDE AND TSO►SAS F. RILEy 21 22 STATE OF CALIFORNIA 23 COUNTY OF ORANGE I. JUNE ALEXANDER, Clerk of the Board of Supervisors of 24 hereby certify that the above and foregoing Resolution was duly the said Board at a regular meeting thereof held on the ,2211stt 25 19 82 and passed by a ananimnfs rote of said Board �.YR. ' 26 IN WITNESS WHEREOF. I have hereunto set my hand anaaba ? . 19 82 . 11 1 28 i f f . Clerk o 4 g of OranS1e 1 -39- . Califorr.i .adopted by 1-this 21st 4ay of ierd of Suptgienrs fo� is N M _40_ W4 —41— Q C: 0 w 0 0 0 0 0 CC 0 d V) Z Q r i x W 2 0 6 co 9 z CO Q W > j O LL Z G s LL W 0 0 a a d M 0 a � w 0 W O W J '�sa° -42- 11�t. Y 1 �% . fir+" :�'� « -42- EXSIEIT VII page 1 of 2 _ TU PR003UM SHARE or �Ri, � ON OR C RDO SAN JMQMN MLLS TRANS ler poant corridor TE dw to �owth ' trip ends due t0 growth Total Trip Ends 2percent corridor users Tz by sons . Total trip ends per sons cation of total trip eras 3peroent corridor users TE due to growth a Percent T2 due to growth x percent corridor users TE by sane IT20 -19 -44- Outside We A zone E AM Corridor user Tri s Mith One or 7th —Ends In zone Trips beginning and ending in cone 27,109 5,590 9,116 (Trips due to growth) 290047 98811 22,195 (Total trips) In/out Trips 60,145 25,834 49,798 (Trips due to growth) 78,820 35,345 69,694 (Total trips) Oat/in Trips 57,362 28,141 50,274 (Trips due to growth) 73,274 38,SB2 72,203 (Total trips) Trip End Analysis 171,725 65,755 118,304 (Trip ends due to growth) 210,188 93,549 1860487 (Total trip ends) 1 due to $1.70% 70.29% 63.44% (percent corridor 72 growth) (percent corridor users TE by Bone) 2 doe to 42,881 35.031 19.0et 13.41% 38.04% 2 {.13% (percent corridor suers TE growth)3 ler poant corridor TE dw to �owth ' trip ends due t0 growth Total Trip Ends 2percent corridor users Tz by sons . Total trip ends per sons cation of total trip eras 3peroent corridor users TE due to growth a Percent T2 due to growth x percent corridor users TE by sane IT20 -19 -44- 0 -45- � o s fT r- m W N 1 r 4p M M M � 1W0 O V W N O M O r g� g O ► Mem R • ^ ^ • MOOD pn- rr �y p R 61 ppp�111 O W r / R r ~ « m / A R M N R r « N R R ► W Fes+ N d N N W m a N wO « /r w► w 0 M O W O °o r w / ok O y /«i W ►� N W • • .ppp y � O O n + Or O� OMi ~O to M fA ? C ►+O Y�O O • O tM' O� S O so a r s ~ i / / O w .W M #A Y it 40 M tW N .4 b.4 .01 + O O r w O W w ® OT �0 01 40 000 wr► , -45- � o s fT r- m W N 1 r 4p M M M � 1W0 O V W N O M O I" O ► M M Y M M M N V d O W a N O N N r r • • W W F+ W W O N 0 0 • v • E Xa i n 0 :y W l s ^ ►D r R R O M Oi s " " s r O R R S pOp �O w • ^ C N 0 w n �a Z`p M M N O N r� M rTQOD4 �i N M Z 9D 0 � 1W0 M O I" M M M N V d O W a N O N N r r • • W W F+ W W O N 0 0 • v • E Xa i n 0 :y W l s ^ ►D r R R O M Oi s " " s r O R R S pOp �O w • ^ C N 0 w n �a Z`p M M N O N r� M rTQOD4 �i N M Z 9D 0 VISIT vial Page 1 of 2 975E PROMM SMM OF 'DOTAL CORRIDOR COST =O0 n.LAWTERN TRhMpORTATION CORRIDOR 1Percent corridor TE doe to growth ' trip ands due to growth Trip ip Ends SPercent corridor users TE by zone ' ration of total trip ends 3Pesoent corridor users IS due to growth ' Percent e o cent corridor users TZ by sou VT20 -19 -46- Outside %one A lone E AOS Corridor Dser Trips With One or Soth Ends In Zone Trips beginning and ending in sons 27,922 9,322 20,555 (Trips due to growth) 28,200 11.657 37,307 (Total trips) In/Out Trips (Trips dui growth) 65,629 80,763 31,320 460004 64,217 88,512 (Total trips) s) out/In Trips (Trips due to growth) 75,449 33,648 45,760 55,069 79,696 (Total trips) 850823 =tip and Analysis (Trip ends due to growth) 199,922 83,612 160,396 trip ands) 1 due to 226x986 88.08% 1151078 72.66% 242,822 66.05% (Perosnt corridor TE growth)2 (Percent corridor users TE by lone) 38.18% 19.68% 41.52% (percent corridor were TE due to growth)3 34.18% 14.30% 27.421 1Percent corridor TE doe to growth ' trip ands due to growth Trip ip Ends SPercent corridor users TE by zone ' ration of total trip ends 3Pesoent corridor users IS due to growth ' Percent e o cent corridor users TZ by sou VT20 -19 -46- � M w W M J ► O J N N m W m N M J m A w N N W Y•T � .7 � ty R tRp • r h R t r R R N W � w ^ • p� r • p w M � R �I O o = xp tiR q M M � V Or1 N q N r two o w N • at w: m moo F7 4h N dP a M M ~ �+ W M J ► O J N N m W m N J J O a w N N W J N ► W W r N N r O m O •o � w R R R w ^ • p� • • p W M � R O x m tiR K w « r R ► N two N • at w: O K w K w �i0 40 w r . m► O J � w � N W �ra N + o slx R at N w r,• m O t w w W N J a O N O. ► w MN"+J -47- M O� r i d i M M p N N J r W N p W J M M M 'o N N O m O � w N tj p .r1 W . • • w N r ► w r to •N1 O N W r N Ob db ftd a ti• H F• cl s$ C! • r n n rR R 6 .. O A r� O • n ■ .a n n n b 7 Z W M m A � Ny yi�jpp �y MS yL. M p Noby Z » 88 oQ� �8lJ P A 3 N V V V J m s� 40 OA o: 1000 ♦♦ N FN gr o of `ca wi a� O e0 I I 44 .d N w w r w GOOD r !m i �:p !7 8 r �e M r E� .J 8 • J _ r M • w v A' $5 S L ; ^,°n, °e L $ r ~'M ot tiI. '♦ 10910 l•+M ^ ari'ii►JIN n rC ~a� rr w :3aa Ww :siG �r 2 F+ 7 M n orri co r rrr� o r .7 cog • o.♦ o%. � 8 s N� c g Noon �► 5 w$g8 � c°► 3 �VA w 0 � \per �1 A• r Ni R s$s •� a r 1010 ti � „ V r 0 R low Z y w �e W N M m %D r oo•ru i it r_ rW OW••q YI N w� J M 10 J N .40%0 ♦ • ♦ ♦ ♦ ♦ • ♦ ♦ ♦ • ♦ ♦ y at y 10 w O O N N : r S S Ori O N • S O O O N g N N J O O i • r M r r r1•MNw w • vow N 10 V N d �� • • w 1•N1•w• W O I• N YI N O O W M 00Nwr ♦ ♦ ♦ ♦ w ♦ ♦ • {♦ ♦ ♦ ♦ ♦ N ♦ ♦ m W O • N W O J W " _ q W O �r w W V rwrrNq O IJ MJ 00 p W OM10r WCi N.INMN %•• -48- N M V W a N r N r .y11 a O N Ab co FW N N q �o � r K ••i tw 47 of S r 10 {DQ�y r K A ■ r w �% ■ • 6 A R n too. 9 j 1 r r 7 c •� n 1G n n r t Fr+MN Jr O r� oreNY f01 R9 O O � O 1 1 A� N � �� 1 1 A • n � n /. �°c• M c 1r0 Co 'C ^ Q m o n lorala ^ ^pas3� r r� p. O r• � • O g pp B w C11 O :� 0 0 •! V '� •+ ^^ O Ps C Cal R G • • • a if to IN \ r Op r�• 0 ., r• r �" y r • 10 ... �0 � ^ • n • ^ 6 ti 0 N A r r N N *1 W M �' N r ioPr.l p IW.1 16 r OJ wwto10N W NOO m In • 601 O 01 N y IV, 4 W O b w 0 01 r M 01 m O &M .. y y w • • • • • • • • 01 10 m W O V N 01 O V Ir w N O 10 r 001 Pr.1 N 01 01 y10 NYI m OI'W'• N r N NN N N P O .I P . N M *1 W M a N r 0 W p H W W r r M N 01 .•.. 01 .6 M m P 3 W M • W W yl N 10 W 00 P m W r'a Y1 " W 010 aNb M W O �' 1„• O y . . .. rev W TS W1Om .. . . 01.0 W rP Ir w N r y W &W in Pm 01~01 N. 010.1~01 IOPNYIN OI'W'• w N r W rr . -49- N a M M b •i M X N m Z)MrBIT II Page 1 of 2 DAILY VEHICLE TRIP GENERATION RATES ORANGE COUNTY LNVIRONME TAL MAN =4ENT AGENCY August 1982 ?be following is a listing of vehicle trip generation rates used for planning purposes by the Environmental Management Agency. These rates have been compiled from a variety of sources, including county conducted studies, and are deemed representative of land uses within Orange county. •TE/Esf' is an abbreviation for trip ends per thousand square feet of gross building floor area. •TE /Acre• refers to trip ends per developed acre. Land Use TE/Raf TE/Acre TE/Other t:e•r� Light Industrial/Industrial Park 13 176 warehouse 5 42 RESSIDENTIAL Single Family Detached 12 TE/Du Single Family Detached Estate 15 TE/Du Multiple Unit (Apartments. Condos) 7 TE/Du Mobile Some 5 TE/Du Retirement Community 4 TE/Du octal Motel Resort motel (TRC Use) .rY . Neighborhood Park Regional Park State Park Kerins Beach Golf Course campground Tennis Club Baquetball Club Nlementary School Junior Nigh School Nigh School Junior College Church - weekday church - Sunday Library —50— 26 19 44 42 300 a 5 1 47 60 s0 s0 60 135 310 10 TE/ROM 9 TE/Room 19 TE/ROOm 4 TE/Serth 350 TE/1000' Shore 5 TE /Campsite 43 TE /Court 31 TE/Court 1.0 TS/Student 0.9 TE /Student 1.4 TE /Student 1.5 TE /Student S70iISIT II Page 2 of 2 Land Use TE/Uf TE/h=* TE/Other Rospital Nursing Sole O"ICE General Office Medical Office Research Center Discount Store Rardware/ecme Improvement Sbopping center - Regional ( 30 Acres) Shopping Center - Community (10-30 Acres) Slopping Center - Neighborbood ( 10 Acres) Restaurant - Quality (i.e.# Velvet Turtle, Sungry Tigerp etc.) Restaurant - Sigh Turnover (ie.p Sob'sp penny's, etc.) Restaurant - Past Food (i.e.p Nacaonald'ap Carl's Jr.p etc.) Automobile Sales Service Station Supermarket Convenience Market (i.e.# 7 -21p stop i O;op etc.) Rank - 11alk In Sank - Drive In Savings and Loan - Valk In Savings and Loan - Drive In MU#6esDT20 -22 4/11/!5 -51- is i5 75 10 65 SO so 70 13S Il0 3S0 900 225 350 ISO 195 65 75 200 14 TE/Sed 3 TE/Sed 240 40 550 S00 900 1.250 400 750 TE /Station ,y 99 -04.36 ✓ ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed a Joint Exercise of Powers Agreement (the "Agreement "), creating the San Joaquin Hills Transportation Corridor Agency (the "Agency "), which Agreement became effective on May 8, 1986; and WHEREAS, by letter of May 4, 1988 to the Executive Director of the Agency, the City of Mission Viejo (the "City ") has formally requested admission as a party to the Agency; and WHEREAS, the incorporation of the City became effective on March 31, 1988, and the City is now eligible to become a full voting party to the Agency; and WHEREAS, the City has adopted Ordinance No. 88 -1, adopting the Major Thoroughfare and Bridge Fee Program, a copy of which is attached hereto as Exhibit "A," in accordance with Section 4.1 of the Agreement; and WHEREAS 88 -32, establishing i ngthear s easofl adopted Resolution benefitandfees for such Major Thoroughfare and Bridge Fee Program, a copy of which is attached hereto as Exhibit "B,11 in accordance with Section 4.1 of the Agreement; and WHEREAS, pursuant to Section 9.1 of the Agreement, the Board of the Agency has determined that the City may become a party to the Agency upon the terms and conditions set forth in the Agreement; and WHEREAS, Section 9.1 of the Agreement further provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a party. NOW, THEREFORE, the existing parties to the Agreement hereby agree to admit the City as a party to the Agency, with all of the rights, duties, privileges and obligations as set forth in the Agreement, as evidenced by the authorized execution below of this Addendum No. l to the Agreement by the existing parties. agrees toBbel bound TbyR the Ste ms,andaconditions conditions Agreement, as evidenced by the authorized execution below of this Addendum No. 1 to the Agreement by the City. ATTEST: Clerk of the Board of Supervisors Dat ATTEST: Clerk of City of Costa Mesa By: Dat ATTEST: Clerk of City of Newport Beach Date -2- COUNTY OF ORANGE By: Chairman Board of Supervisors CITY OF COSTA MESA By: Mayor CITY OF NEWPORT BEACH By: Mayor ATTEST: CITY OF SAN CLEMENTE Clerk of City of San Clemente By: Mayor By: Dated ATTEST: CITY OF SAN JUAN CAPISTRANO Clerk of City of San Juan Capistrano By Mayor By: Dated APPROVED AS TO FORM: ATTEST: Clerk of City of Santa Ana By:r` Dated ATTEST: City Abnli!ipr Clerk of City of Mission Viejo By: City Attorney CITY OF SANTA ANA By: r Mayor APPROVED AS TO FORM: By: to City }fit me CITY OF MISSION VIEJO By: mayor By: Gated: APPROVED AS TO FORM: By: City Attorney -3- i ORDINANCE N0. 86 -1 T AN URGENCY ORJ2INANCE OF THE CITY OF MISSION VIEJO ADOPTING THE ORANGE COUNTY CODE AND OTHER RELEVANT NON- CODIFIED ORANGE COUNTY ORDINANCES AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS THE CITY COUNCIL OF THE CITY OF MISSION VIM DOE$ ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the Provisio's 57376 of the Government Code of the State of n of Section California, all ordinances of the County of Orange, codified in the Orange County Code, and all Orange other ordinances of the County of applicable thereto, are hereby adopted as ordinances of the and City of Mission Viejo and shall remain in full force City as .City Ordinances for a period of One hundred twenty (120) days from the effective date of this ordinates, or until the City Council enacts ordinances superseding them, whichever shall first in time occur. SECTION 2. The following amendments are made to the Orange County Code and ordinances referenced therein: (a) Whenever "Board of Supervisors" or "Board" is used in the Code or ordinances, it shall mean the Mission Viejo City Council. (b) Whenever "County" is used in the Code or ordinances, it'shall mean the geographical limits Of the Citv of Mission Viejo unless a different geographical area is clearly 1.ndicated by the context. (c) whenever "County ", "County of Orange" or "unincorporated territory .of the county of Orange,, is used, it shall mean the City of Mission Viejo unless a different geographical area is clearly indicated by the context. SECTION 3. No City Ordinance enacted within one hundred twenty (120) days from the effective date of this ordinance shall be deemed to supersede any County ordinance referenced herein unless the City ordinance specifically refers thereto and state's an intention to Supersede it. EXHIBIT "A" r.,vo SECTION q, This Ordinance is required by the Provisions of Section 57376 of the Government Code Of the State of California upon incorporation of a new city,: This Ordinance is therefore necessary for the protection of the Public health, welfare, and general safety and shall take effect immediately upon•its adoption. PASSED AND APPROVED) this 31$t day of March, 1988, STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF MISSION•VIEJq as. MAYOR I, William 0. Talle , Mission Viejo, do hereb City Clerk of the City of y certify that the foregoing Meeting of Ordinance No. 88 -1 was duly adopted and passed at the First the City Council on the 31st,day of March, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Craycraft, Curtis, Jeffs, &esna, Murray NOES: COUNCILMEMBERS:' o ABSENT: COUNCILMEMBERS: l) I hereby certity, under the penalty of perjury that the above and foropond Is a true and correct copy of Ordinance No._,$g,j as adopted by t„= ty Council Misslan VieJo, C811410rnla on the V &day of xx 19 IVY J. MEL, CITY CLERK by: -2- CITY CLERK ORDINANCE N0.3534 AN ORDINANCE OF THE COUNTY OFORANOE, CALIFORNIA, AMENDING SECTION 7.9-316OFTHE ORANGE IRELATINGTOMAJORTHOROUGHFARES ANDBRIDGEFEES Tie Board of Supervlon of the County of Orange. California, doe, in orda a follows' _ SECTION 1. Section 7•0 310 of the Cod invd Ordinances of the Count' or 7 it amended to rood as Set 74-31d Major thuroughrAre l and bridge Ere. a Aaubdlvlderfec,w condition oftppruealfafinal or parcel map, sec a building print, applicant. is a condlllun of issuance of a building PeT'<It• Shall pay a fee sA horeinancr established to defray Ina coats of eoaeiruelmg brldgex over waterways railways, fraow•ays and eonypns, fir eoosl+veling major thoroughfares b Dtnnillons. all The term "construction" as used In this section Includes prelimim uT staid teat dosUn. areul,lllon pf rlghi•of way, edminirtralion of c... true U t tontncis, and actual conslruolion en The term "major IAorouYhfam" means (hoot roads designated as wows an the Water plan of Arlerol 11 9hxjr,C(heC rvulAll In Element or the Gent ral Plata The primary purpose Orsurh "cads is to sorry through trarAe and provide a nelwork connecting In and Including III,. state high• war system On °Bridge Pad titles man thorn locutions Identified Intho transpor• teDOO or nnod conlrul Dmvlslom of lhr l'Irrutatiun Elrmolur otharcle• mew of the General Plan me requiring a bridge to spun a waterway, a raiiwly. freeway, of Canyon NI "Arco Of bencRf' means a speri Red area w•hel'I -In It her been deter into" that the real properly loci led therein will beneRl from the con.l ruc• uoa ora major Ihoruughtaro or bridge pmlccl. t The provisions herein: for payment "to too shall apply only if the maJoc thoroughfare or bridge facility ho, been Included in an element of the Gtnoral Plan adopted by the Board of Suprnmon at Icusl thirty (30) days prior to the filing of u ma or IPPIIml on for A building permit and an Lead located within the bounTiorica of the area of benenl. at Payment of fees shall ram be requited unless any major thorough.. hen arc In addition lo. or A widening or recnnxl"uction tat any Cal, major thoroughfares serving the arcs al the Ilmr of Iris atloplipn Of lam boaredarles of the area of bcne0l. a Payment of Peer. shall not be requdnvl unless any planned bildSc recd" Is An original bridge toning the area or an addition to an existing bndae fec{llty oem"g line a ra a1 the lmr of the adopllon of the boundaries of the area of benont. E Action to establish an area ofbeneRi may be initiated by the Bonrdof gar PQ isora upon Its own motion or upon the ncomnvndalionofthe Direr• Ar.6wironmenlai Managemoni Aaencv Th •nn r,,.,.d tall e......__..... . cx ono rrrmmilnendal Iona at a. stet meeting The Planning Commission s ommi 1 And the Director. Environmental Management r ra!nemitlod to the Board of Supers Isere The $ set 1 public hearing me .­h n ........... .. . .. . ,s. a. snow n un me last equaliavd asaalomenl roll ofpropcn V witAia the proposed area of bencOl. S (y) Al the public hearing the Board OrSupervi$Ors will ontlder the laa t+aoony. written pr i, and other trtdoce. At (he conclusion of the pubis hearing the Board of Supervisors mop•, unless a majurly written protest le Bled and nil withdrawn me xpeclnod In vCvtlon Y 10) establish an area of bencnl. If tstsbhshod, the Board of Supemixnrs shall adopt a noelwtlon describing the boundaries nflho fly anau 01100l.velbng forth the toot whether Actual or estimoled. and the a iW price apportionment. A Ceru Eyed Copy of such man of u0nn shall be recorded with the County Pitt,". der of the Orange County. C Such apponioned face %hillbe appllcohle to off property within the Area Nbent BI and shall be payable as a condition orapprnval M, o final map or As a condition of Islumg a building permit for such properly or portion, thereof Where the Area ofbrnefil includes find, not subject to the payment Of Ern pursuant to this retlicn, the Board of Supervisors the II make Prue' eiom for paymtnl of the there of improvrmo( roil Appunlunud M much soda from other rnurres cT Written protest shall be ru,eked bylhe Clerk Drina Board of5uper• vlon AI any time prior m the rlosc oflhe Public hearing fru ritten proloslr tae .n.sed by the owners of more than onnhan.rlho arch of Iha• pruperty' In be be tiefeed bythe imprmeme.! Cod ,u stir Irnl prules!urc notwllhdra wI 0061 to reduce lie area reproxenled 6y the protests to lets (Ian once, +Ifuf ddac� the aria dthe ust'd As thin the Proposed Proueedmgs shall be sham said end the Board nfSU Penisorsahell nil, forone year from Ihr riling nlr std wnllon protenL commence or CAM.n any proceeding, for the same overnled by an Affirmative rule . of fnur•OOI Any oleaU maybe withdrawn Ry'lhenwn.. any tome prior to the dole of the public me N:.If any majority olatest Ia dirnrind she!: be barred for a not be barred from t One Itpmvement to ced by a new no the protests am only a portion of the pruvl.isuss or (3) Nothing In this section shall :prohibit the Board of Supervisors. Within garb oneyear ptrlod from commencing end carrying on new pro, eeedings rally' ronatrwction o/an Improvementor portion ofly, Improve, events ran protested agafnrl or,, finds bythr affirmative vote offour•nnh of It members the( the owners of more than One-half of the area of the proPenY to be benell4d sn in favor ufgning forwvrd wuh such Improve intril . or poellon Ihenof. bridge rise acility or major thoroughfare emotion ods Aa'fund shill be established for each planned bridge facility project or etch planned major In .... Shia, Project If the area of beoent n one In which more thin one bridge or major thoroughfare N required to be Constructed. a Separate fund may be aatab- lished eovoring al i ofthe bride projocti or major thorougbfena In the area Of benen`_]fine ana otbeAthi to CemP 101 one or more bridges and one MAY be established to account for feel cad M a.w r„ . n e; !ieluna I name$ o the same. Cha mild of the Board Of 5upervlllcir, SIGNED AND CERTIFIED THAT A COPY efbgage County. California OF THIS DOCUMENT HAS SEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D ROBERTS (SEAL) Clerk of the Board of Supervisor County or orange, Calibrate STATE OF CALIFORNIA I COUNTY � F ORANGE 1 ci I. LINDA that al® regular Moiling moiling of the Board at $upenlllon of Orange CoOnly, CAIIrornia, held on the 2001 day or August. I063. the foregolfq onlinanee conbinirs two (2) aenioni was Passed and Adopted by the follow- Iv volt AYES: SUPERVISORS RALPH B CL:lRX, HARRIETT' M WIEOER, :ROGER R SIANTON. BRUCE NESTANDE NOES: SUPERVISORS. ANNE THOMAS P. RILEY ABSENT: SUPERVISORS NONE IN WITNESS Official meet of the Board of Supervisors of the C unty of Orange, State f CAllforela. Chit. 2001 day of August. HeSS. , (SEAL) LINDA ROBERTS Clerk of the Board of Supervisors of STATE OF CALIFORNIA I Orange - County, Califrnio COUNTY OF ORANGE If I LINDA D ROBERTS, Clerk of the Board of Supervisors, do hereby certify that at a regular meeting of the Board of Supervisors of Orange County, Callrornu held on the I" day of September. Ill". the fore going ordinance onleintng Iwo (2) sections was passed and readopted by the Following vote: AYE'S:, SUPERVISORS THOMAS P RILSY, ROGER R STANTON. RARRIETT M. WIEDER,BRUCE NESTANDE AND RALPH S. CLARK NOES: SUPERVISORS NONE ABSENT' SUPERVISORS NONE IN WITNESS WHEREOF, i have hereunto set my nano And affixed the OIRCAI teal of the Board of Supentanra crthe County oro,mge, State of CA llfornla, this 10th day of Stpltmbtr3lasS, (SEAL) LINDA D. ROBERTS not Inrl ud ins any Pon of Clark of the Board f Supervtron of ,eeedingx shad bb cam• Publ{sM1Cd. 6adtlleback We(ley Newt Grace, County California It forth In sulsrr lion (O September 11. 1PS5 U.i!l['L RESOLUTION NO. 88-'32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSION VIE JO ESTABLISHING THE AREAS OF 8ENEFIT, THE ESTIMATED COSTS, AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL /EASTERN TRANSPORTATION CORRIDOR WHEREAS, California Government Code Section 66484.3 authorizes the Board of Supervisors of the County of orange and the city councils of cities within the County of Orange to require, by ordinance, the payment of a fern as a condi- tion of approval of a final map or as a condition-of issuing a building permit -for the purposes of defraying the actual or estimated cost of constructing bridges and /or major thoroughfares; and WHEREAS, the Board of Supervisors of the County of Orange has adopted ordinance No, 3.534 , requiring payment of such fees; and WHEREAS, after duly noticed public hearings, the Board of Supervisors of the County of Orange established areas of benefit and ai program for the apportionment of feeel and WHEREAS, the City of Mission Viejo hae, pursuant to Government Code Section 57376(a), adopted Orange County Ordinance No. 3334 ; and WHEREAS, in order to fully participate in the San Joaquin Bills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor, Mission Viejo must establish areas of benefit, the estimated costs, and a program for the apportionment of feeat NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The boundaries of the areas of benefit shall be as described in the document dated July 1985 entitled "Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridors" ( "Program ") EXHIBIT "B" attached hereto as Exhibit "A" and incorporated by reference herein. SECTION 2. The estimated coat of these major thoroughfares and bridges are as follows: San Joaquin Hills Transportation Corridor $3 45,2131000.00 hoothill /Eastern Transportation Corridors $5210516,000,00 The Program is presently designed to collect 48.44 of the cost of construction of the San Joaquin Hills Transportation Corridor and 48.5% of the cost of construction of the Foothill /Esstorn Transportation Corridors. SECTION 3. The fees for development within the areas of benefit are based on the trip ends generated by the development as determined from the Trip Generation Tables included in the Program and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for nonresidential projects) as follows: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR Rounded Zone A Femme P'ee Single- family residential Multi -unit residential Non- reiidential Zone 8 Single - family residential Multi -unit residential Non - residential -2- $1,319 /unit $ Ue /unit $1.77 aq.ft. Fee $1,021 /unit $ 596 /unit $1.31 sq.ft. $lr320 /unit $ 770 /unit $1.75 /sq.ft, Rounded Fee $1,0'20 /unit $ 595 /unit $1.30 sq,ft. FOOTHIL /EASTERN TRANSPORTATION l ARIDOR Rounded Zone A Fee Fee Single- family residential $11308 /unit $1,310 /unit Multi -unit residential $ 763 /unit $ 760 /unit Non - residential $1.82 /sq.ft. $1.60 sq,ft. Rounded Zone 8 Fee Fr. Single- family residential $ 930 /unit $ 930 /unit Multi -unit residential $ 541 /unit $ 540 /unit Non - residential $1.06 sq.ft. $1.05 /sq.ft. SECTION 4. An automatic adjustment of the fees, based upon the Construction Cost Index, shall be made each fiscal year. An Adjustment of the fee based upon updated project cost estimates or other changed conditions shall be made in lieu of the Annual Cost Index Adjustment when necessary. SECTION S. The collection of the fee shall be a condition of issuance of a building permit so described in the Program. The payment of fees may be deferred for all residential rental projects or projects which include State or 'Pederal requirements to provide units affordable to families with incomes less than 80% of the median income for those time periods and subject to those terms and conditions set forth in Section IX of the Program. rie credits shall be granted for dedications and work performed for the corridors as set forth in Section Ix of the Program. SECTION 6. Upon the effective date of City's execution of the 11Joint Exercise of powers Agreement Creating the San Joaquin Sills Transportation Corridor Agency" and the "Joint Exercise of Powers Agreement Creating the Foothill /Eastern Transportation Corridor Agency" ( "Agreements "), the City shall remit all fees collected pursuant to the Program to the Joint Powers Agencies created by said Agreements pursuant to the terms and conditions of said Agreements. After execution of said Agreements, any person agggrieved by a decision of the City regarding the amount of any corridor fee imposed or fee credit granted may appeal the decision of the City to the San Joaquin Hills Transportation Corridor Agency or the Foothill /Eastern Transportation Corridor Agency, where appropriate, which decision shall be final. .3- SECTIDY 7. The City Clerk shell rtify the adoption of thid Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of May':, 1988. !!..E.,,.��"' MAY Norman P. Murray I HEREBY CERTIFY that the foregoing Resolution was duly. adopted by the City Council of the City of Mission Vie1god o at a regularly scheduled meeting thereof, held hn the day of MY "., 1988, by the following vote of the Council: AYES: COUNCILMEMBERS Creyeraft, Curtis, Jaffe, xeena, Murray NOES: COUNCILMEMURS 0 ABSENT: COUNCILMEMBERS 0 .4- CITY .Cam . William 0. Talley e REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE July 5, 1988 TITLE ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR RECOMMENDED ACTION DATE OF COUNCIL ACTION JUL 5 Authorized the City Attorney to prepare and the Mayor and Gierk to execute agreement. CLERK OF THE COUNCIL Approve Addendum No. 1 to Joint Exercise of Powers Agreement creating the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. EXECUTIVE SUMMARY The County of Orange, the City of Santa Ana, and nine other cities that would benefit from the construction of the San Joaquin Hills and Foothill /Eastern Transportation Corridors are members of the Transportation Corridor Agency. Recently, the City of Mission Viejo incorporated and has formally requested admission as a party to the Agency. In order to become a member of the Agency, the City of Mission Viejo has adopted an ordinance which adopts the Agency's Major Thoroughfare and Bridge Fee Program. Pursuant to the Joint Powers Agreement, the Board of the Transportation Corridor Agency has determined that the City of Mission Viejo meets the 'terms and conditions set forth in the Agreement to become a party to the Agency. First, however, there must be unanimous consent of all existing parties. Addendum No. 1 to the Joint Exercise of Powers of Agreement, when executed by all parties, will admit the City of Mission Viejo as a member of the San Joaquin and Eastern /Foothill Transportation Corridor Agency. 156 RR• .. MEMORANDUM � TO: David Ream, City Manager Date: David Grosse, Executive Director From: Public Works Agenc June 20, 1988 Subject: ADDENDUM NO. 1 TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES STATEMENT OF THE ISSUE The County of Orange, the City of Santa Ana, and nine other Orange County cities that would benefit from the construction of the San Joaquin Hills and Foothill /Eastern Transportation Corridors created the Transportation Corridor Agencies through a joint powers agreement. Recently, the newly incorporated city of Mission Viejo requested admission as a party to the San Joaquin and Foothill /Eastern Transportation Corridor Agency. As a condition of admission to the Agency, a city must adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program. The City of Mission Viejo has satisfied that condition by adopting such a fee program. At the July 14, 1988 Agency meeting, a representative from the City of Mission Viejo is scheduled to be formally installed as a member of the Agency. In order for Mission Viejo to become a member of the Agency, there must- be unanimous consent of each existing party. Each of the member agencies must approve Addendum No. 1 to the Agreement to admit the City of Mission Viejo as a party. Staff recommends approval of the admission of Mission Viejo as a member of the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. ALTERNATIVES CONSIDERED The alternative is not to approve Addendum No. 1 accepting the City of Mission Viejo as a member of the Agencies. This alternative is not recommended since the Agency would not receive funding that is needed to construct the Corridors in a timely manner. FISCAL IMPACT Admission of the City of Mission Viejo to the Agencies will ensure that the City of Mission Viejo pay its fair share in the construction of the Transportation Corridors. There is no direct fiscal impact on the City of Santa Ana. RECOMMENDATION Approve Addendum No. .l to Joint Exercise of Powers Agreement creating the San Joaquin Hills and Foothill /Eastern Transportation Corridor Agencies. avib d H. Grosse DHG /GA /am 157 12B JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY TABLE OF CONTENTS Page RECITALS ............. ............................... 1 IDEFINITIONS ... ............................... 4 IIPURPOSE AND POWERS ........................... 6 2.1 Agency Created.. . 6 2.2 Purpose of the Agreement; Common Powers to be Exercised .................. 6 2.3 Powers ... ............................... 7 III ORGANIZATION . ................ 3.1 ... Membership .............................. 8 3.2 Names.. . 8 3.3 ........................ Board of Directors 9 3.4 ...................... Principal Office ........................ 9 11 3.5 Meetings ......................... 3.6 .� Quorum.. .. �Limitations 11 3.7 ... .. .... .... Powers and �Thereon ...... .. 11 11 3.8 Minutes ................................. 3.9 ............ • Rules.. ...... 12 3.10 .. Vote or Assent • of Parties 12 12 3.11 Officers . ..............................� 3.12 Committees.. .... 12 3.13 ..... .......... ....... .. Additional Officers and Employees....... 13 14 3.14 Bonding Requirement.. ... ........ 14 3.15 Status of Officers and Employees........ 14 IV CONTRIBUTIONS... ....... .... .... •.. 15 4.1 Imposition of Major Thoroughfare and � Bridge Construction Fee by Members...... 15 4.2 Annual Review of Fees........... ... 16 4.3 Payment... .... 16 4.4 Compensation of Agency for Acquisition of Rights -of- Way............ 17 V RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES ...................... 18 5.1 Joint Action with Other Agencies........ 18 5.2 Communications Between Corridor Agencies.. . .... .. .... 18 5.3 Lending and Borrowing of Funds Between Agencies ........................ 19 (i) VI BUDGETS AND DISBURSEMENTS 6.1 .................... Annual Budget ........................... 19 6.2 Disbursements 19 6.3 ........................... Accounts . ............................... 19 6.4 Expenditures Within Approved Annual 20 Budget ... ............................... 6.5 Audit .... ............................... 20 6.6 Reimbursement of Funds .................. 20 21 VII SECURITIES .... ............................... 7.1 Securities .............................. 21 21 VIII LIABILITIES,,,,,,,,,,,,,,,,, 8.1 ,, Liabilities ..................... 22 8.2 Hold Harmless and Indemnity ............. 22 IX ADMISSION AND WITHDRAWAL OF PARTIES.......... 23 9.1 Admission of New Parties ... ............. 23 23 9.2 Withdrawal ........................ ... 23 X TERMINATION AND DISPOSITYON OF ASSETS........ 25 10.1 Termination ............................ 10.2 Distribution of Property and Funds...... 25 26 XI MISCELLANEOUS ............................... 11.1 Amendments .............................. 27 11.2 Notice ....... ....................... 27 11.3 .. Effective Date ......................... 27 11.4 Arbitration ............................. 27 11.5 Partial Invalidity ...................... 27 11.6 Successors .............................. 29 11.7 Assignment ............................ 29 11.8 Execution ............................... 30 30 (ii) N JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY THIS AGREEMENT is made and entered into as of the 30+h day of (it QV Af y_, 1986, by and between five or more of the following public agencies: (a) County of Orange (b) City of Costa Mesa (c) City of Irvine (d) City of Laguna Beach (e) City of Newport Beach (£) City of San Clemente (g) City of San Juan Capistrano (h) City of Santa Ana R E C I T A L S: A. The California State Legislature adopted Chapter 708, Statutes 1984, adding Section 66484.3 to the Government Code authorizing the County of Orange and any city within the County of Orange to require by ordinance the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares. B. The parties to this Agreement have territory within or related to that area known as the San Joaquin Hills Trans- portation Corridor and desire to impose such a fee pursuant to Government Code Section 66484.3 in order to finance the planning, acquisition and construction of major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor. The parties hereto have the common power to conduct such transportation planning, .financing and construction. C. It has been determined by the parties hereto that it is in the best interests of the respective parties to join together to administer the funds provided by these fee pro- grams, and to plan, acquire and construct said thoroughfares and bridges. D. Each of the parties is authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. E. The parties hereto recognize that, in order to serve the purposes stated herein, the imposition of fees in excess of the above - described fees should not be required or recommended as a condition to any annexation, incorporation or other reorganization involving territory claimed or con- trolled by the parties hereto. F. The parties hereto recognize that, in order to serve the purposes stated herein, additional funding other than that received from the above - described fees must be obtained. Each party has agreed to cooperate in obtaining additional financing, including, but not limited to, debt -2- financing, assessment districts, special legislation, Arteri- al Highway Financing program funds and other forms of govern- mental grants -in -aid. G. The parties hereto enter into this Agreement with the express understanding that the acquisition of rights -of- way and similar property interests necessary for the construction of transportation facilities pursuant to this Agreement shall be accomplished at little or no expense to the members hereto or to the Agency created hereunder. However, it is recognized by the parties hereto that prior to the execution of this Agreement, the County of Orange, as the sole responsible party for the administration of the Orange County Major Thoroughfare and Bridge Fee Program, may have obligated fees to be collected under said program for the acquisition of certain rights of way located in the City of Laguna Beach (Sycamore Hills) and in the area of Tentative Tract Map No. 8965 not available for dedication, and these obligations shall be assumed by the Agency. H. The parties hereto recognize that in accordance with the principles of sound community planning, future land use decisions should not upset the balance between land use intensity and adequate transportation facilities. I. It is anticipated by the parties hereto that any major thoroughfares or bridges constructed pursuant to this Agreement shall comport with those standards for scenic highways set forth in Streets and Highways Code Section 261. -3- 0 J. It is anticipated by the parties hereto that the public agency created pursuant to this Agreement shall termi- nate upon the effective date of the inclusion of the trans- portation facilities constructed pursuant to this Agreement in the California State Highway System, as defined and governed by Division 1 of.the Streets and Highways Code. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I DEFINITIONS For the purposes of this Agreement, the following words shall have the following meanings: a. "Agreement" means this Joint Exercise of Powers Agreement. b. "Agency" means the SAN JOAQUIN HILLS TRANSPOR- TATION CORRIDOR AGENCY formed pursuant to this Agreement. C. "Annual Budget" means the approved budget applicable to the expenses of administration of the Agency. d. "Board" means the aovernina bodv of the Agency. e. "Ex Officio Members" means Board members who do not have a vote in Agency matters and whose presence -4- shall not be counted in determining whether a quorum sufficient to transact Agency business exists. f. "Executive Director" means the chief operating employee selected by the Board to manage the day -to -day activities of the Agency, including, but not limited to, the appointment and removal of all employees of the Agency except those described in Section 3.11 below. The Executive Director shall not be an employee of any individual member of the Agency. g. "Fiscal Year" means July 1st to and including the following June 30th. h. "Members" or "Board Members" means those persons serving as members of the Board or their alternates. i. "Party" means each of the parties which becomes a signatory to this Agreement, accepting the rights and obligations of the Agency hereunder, including any public entity executing an addendum of.the original agreement as hereinafter provided. j. "Quarter" means July 1st to and including September 30th, October 1st to and including December 31st, January 1st to and including March 31 and April 1st to and including June 30th. -5- II PURPOSE AND POWERS 2.1 Agency Created. There is hereby created a public entity to be known as the "SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY." The Agency is formed by this Agreement pursuant to the provi- sions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. The Agency shall be a public entity separate from the parties hereto. 2.2 Purpose of the Agreement; Common Powers to be Exer- cised. Each member has the common power to plan for,' acquire, construct, maintain, repair, manage, operate, and control facilities for one or more of the following purposes: a. The financing of and the imposing of fees for the planning and construction of major thoroughfares and bridges; b. The power to plan for, acquire, and construct environmentally - sensitive thoroughfares and bridges to conform to the technical standards of the California Department of Transportation (CALTRANS) and the Federal Highway Administration (FHWA), whenever possible. The purpose of this Agreement is to jointly exer- cise the foregoing common powers to undertake such studies and planning relative to the San Joaquin Hills Transportation Corridor as may be necessary to establish areas of benefit, -6- to recommend to its members the adoption of local ordinances and the undertaking of all acts necessary for the imposition of fees by those members pursuant to Government Code Section 66484.3 and to fund, plan, acquire, and construct the major thoroughfares and bridges in the San Joaquin Hills Transportation Corridor. The Agency shall not maintain or operate, or incur liability for the maintenance or operation of the facilities constructed pursuant to this Agreement. Board planning policy shall respond to those memoranda of understanding and various minute orders and policy state- ments adopted by each party to this Agreement, attached, hereto collectively as Exhibit "A" and incorporated by reference herein. 2.3 Powers. The Agency shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of its members in studying and planning ways and means to provide for the design, financing, and constructing of the San Joaquin Hills Transportation Corridor; b. To make and enter into contracts; C. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary; d. To appoint agents; -7- e. To lease, acquire, construct, manage, main- tain, and operate any buildings, works, or improvements; f. To acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale; g. To incur debts, liabilities, or obligations subject to limitations herein set forth; h. To receive gifts, contributions and donations of property, funds, services and other forms of finan- cial assistance from persons, firms, corporations and any governmental entity; i. To sue and be sued in its own name; j. . To apply for an appropriate grant or grants under any federal, state, or local programs for assis- tance in developing any of its programs; k. To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency; and 1. To the extent not herein specifically provided for, to exercise any powers in the manner and according to the methods provided under applicable laws. III ORGANIZATION 3.1 Membership. The parties to the Agency shall be each public entity which has executed or hereafter executes this Agree- ment, or any addenda, amendment, or supplement thereto, and -8- which has not, pursuant to the provisions hereof, withdrawn therefrom. 3.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "B" attach- ed hereto, as amended or supplemented from time to time. 3.3 Board of Directors. a. The Board of Directors shall consist of the following: (i) one voting member from each of the fol- lowing entities which have become members of the Agency pursuant to Section 3.1 above: the cities of Costa Mesa, Irvine, Laguna Beach, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. (ii) two voting members from the County of Orange (in the event that the County of Orange becomes a member of the Agency pursuant to Section 3.1 above), said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Dis- tricts, or their alternates. (iii) one ex officio member representing the California Department of Transportation and one ex offi- cio member representing the Orange County Transportation Commission. The Board may, from time to time appoint additional ex officio members. -9- b. Except for ex officio members, each member of the Board shall be a current member of the legislative body such member represents. C. Each participating member shall also have an alternate, who must also be a current member of the legislative body of -the party such alternate represents with the exception of the alternates to the members representing the County of Orange. The name of the alternate member shall be on file with the Board. An alternate member shall assume all rights and duties of the absent member. d. Each member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a succes- sor is named. Members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents. e. A board member shall receive only such com- pensation from the Agency for his services as may be approved by not less than two- thirds (2/3) of the members of the Board. f. A board member may be reimbursed for expenses incurred by such member in the conduct of the business of the Agency. -10- 3.4 Principal Office. The principal office of the Agency shall be estab- lished by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal office from one location to another in the County of Orange. Any change shall be noted by the secretary under this section but shall not be considered an amendment to this Agreement. 3.5 Meetinn s. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Sections 54950 et seq., as it may be amended. 3.6 Quorum. Not less than two - thirds of the members shall constitute a quorum for the purposes of the transaction of business relating to the Agency. 3.7 Powers and Limitations Thereon. All of the powers and authority of the Agency shall be exercised by the Board, subject however, to the reserved rights of the parties as herein set forth. Unless otherwise -11- provided herein, each member or participating alternate shall be entitled to one vote, and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Agency. 3.8 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular, and special meetings of the Board, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto. 3.9 Rules. The Board may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement. 3.10 Vote or Assent of Parties. The vote, assent, or approval of parties in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 3.11 Officers. There shall be selected from the membership of the Board, a chairman and a vice chairman. The Board shall appoint a secretary who may be a member. The Board shall -12- appoint an officer or employee of the Board or an officer or employee of a member public agency to hold the offices of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers of, and shall perform the treasurer and auditor functions for, the Agency and perform those functions required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. The chairman, vice chairman, and secretary shall hold office for a period of one year commencing July 1st of each and every fiscal year; provided, however, the first chairman, vice chairman, and secretary appointed shall hold office from the date of appointment to June 30th of the ensu- ing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Board may also be an officer, employee, or agent of any of the members. The appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.12 Committees. The Board may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for compensation purposes only and all such meetings of the Agency shall be open to all members. -13- 3.13 Additional Officers and Employees. The Board shall have the power, upon the approval of not less than two- thirds (2/3) of its members, to appoint such additional officers and to employ such employees and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 3.14 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Agency shall be the members of the Board, the treas-arer, the auditor, and any other officers or persons to be designated or empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obliga- tions provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Agency. 3.15 Status of Officers and Employees. All of the privileges and immunities from liabil- ity, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective func- -14- tions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by rea- son of their employment by the Board, to be employed by any of the members or, by reason of their employment by the Board, to be subject to any of the requirements of such members. IV CONTRIBUTIONS 4.1 Imposition of Major Thoroughfare and Brid a Con- struction Fee by Parties. On or before the effective date of this Agreement (or, in the case of a new party, on or before that party becomes signatory to this Agreement), each party shall require by ordinance or resolution the payment of a fee as a condition of issuing building permits, for the purposes of defraying the actual or estimated cost of constructing major thoroughfares and bridges, in accordance with California Government Code Section 66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and Foothill /Eastern Transportation Corridors," attached hereto as Exhibit "C" and incorporated by reference herein. The imposition of said fee by each -15- party shall be a condition precedent to that party's par- ticipation in the Agency. 4.2 Annual Review of Fees. At least once annually, the Board shall undertake a review of the above- described fee program and may, upon approval of not less than two thirds (2/3) of its members, modify the fee to be imposed by the parties hereto. The legislative body of each party shall impose said revised fee within one hundred twenty (120) days, and if a party fails to impose said fees, repeals the enabling ordinance or fee requirement, or otherwise disables itself from the collection and remittance of said fees to the Agency, on the effective date of any such action or upon expiration of the aforemen- tioned time period, whichever is sooner, such action shall be deemed the withdrawal of that party from the Agency, subject to the conditions specified in Section 9.2 below. 4.3 Payment. Each party agrees to contribute said fees to the Agency in quarterly payments. In addition, the Board, upon approval of not less than two - thirds (2/3) of its members, may assess each party of the Agency an amount in excess of the amount of said fees collected by that party in order to meet overhead and other administrative expenses specified in the annual budget. For the purposes of this Agreement, the "contribution" of each party shall include the corridor fees imposed pursuant to this Agreement, any excess amounts -16- assessed to the party by the Board, and any voluntary contri- butions made to the Agency by the party. The contribution of each party of the Agency specified herein shall be due and payable sixty (60) days after receipt of billing therefore from the Agency. The Board may authorize an audit of any party to determine whether said contributions accurately reflect each party's obligations under this Agreement. Unpaid contributions shall bear interest at a rate to be determined by the Board. In the event that any party fails to remit said contributions to the Agency, said failure may be deemed by the Board to be a. withdrawal of that party from the Agency. In the event that any dispute arises as to the amount of fees assessed any person under the fee program, any aggrieved person may appeal the decision of a party hereto regarding the appropriate amount of the assessment to the Agency, which decision shall be final. In the event that any party hereto becomes a party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said party in said action. 4.4 Compensation of Agency for Acquisition of Rights - of -Way. When it is within its power to do so, each party shall be individually responsible for the acquisition by dedication pursuant to Title 7, Division 2 of the Government -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. u RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, constructing, maintaining, repair- ing, managing, operating and controlling major thoroughfares and bridges in the Foothill and Eastern Transportation Corri- dors or other transportation corridors, the Board is author- ized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when it is deemed appropriate. 5.2 Communications Between Corridor Agencies. In the event that the agencies described in Section 5.1 above are formed, the chairman or his designate shall MWO meet with the chairmen, or their designates, of said agencies at least quarterly, for the purpose of coordinating the plan- ning, financing and construction activities of the various agencies. 5.3 Lending and Borrowing of Funds Between Agencies. When it is found to be beneficial to the purposes of the Agency and the general purpose of improving transpor- tation facilities in Orange County, the Board is authorized to lend and borrow available funds and services to the agencies described in Section 5.1 above, upon the approval of not less than two thirds (2/3) of the members of the Board.. The Board shall specify the date and manner in which the funds or services shall be repaid and may provide for the payment of interest on the loan. VI BUDGETS AND DISBURSEMENTS 6.1 Annual Budget. The Board shall adopt upon the approval of not less than two thirds (2/3) of the members of the Board, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the Board. 6.2 Disbursements. The auditor shall draw warrants upon the approval and written order of the Board. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance -19- with rules, regulations, policies, procedures and bylaws adopted by the Board. 6.3 Accounts. All funds will be placed in object accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with general accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be report- ed to the Board. 6.4 Expenditures Within Approves! Annual Budget. All expenditures, within the designations and limi - tations of the approved annual budget shall be made upon the approval of a majority of the members of the Board. Notwith- standing the above, no expenditures shall be made for the purpose of the acquisition of rights -of -way or similar prop- erty interests except upon the approval of not less than two thirds (2/3) of the members of the Board. No expenditures in excess of those budgeted shall be made without the approval of not less than two thirds (2/3) of the members of the Board to a revised or amended budget which may, from time to time, be.submitted to the Board. 6.5 Audit. The records and accounts of the Agency shall be audited annually by an independent certified public account- ant and copies of such audit report shall be filed with the -20- County Auditor, State Controller and each party to the Agency no later than fifteen (15) days after receipt of said audit by the Board. 6.6 Reimbursement of Funds. Grant funds received by the eral, state, or local agency to pay for for which the Agency has received all funds from the parties hereto shall be in proportion to the contributions made VII SECURITIES Agency from any fed - budgeted expenditures or a portion of said paid to said parties by each party. 7.1 Securities. Upon the approval of the Board, one or more parties of the Agency may jointly participate in any statutory power for the issuance of securities to finance the fees authorized by Government Code Section 66484.3, including the power to establish one or more community facilities districts under the Mello Roos Community Facilities District Act of 1982, Government Code Section 53311, et seg., or any other applicable legislation. Other than the fees specified herein, no funds of a party to this Agreement shall be utilized as security or as a source for the payment or redemption of any securities, without the consent of the legislative body of that party. Upon the approval of not less than two - thirds (2/3) of the members of the Board, the Agency may participate in -21- the above- mentioned statutory powers for bond financing of the fees specified herein; provided, however, that the fees collected by any individual member of the Agency may be excluded as security for or as a source for such financing if the Board, upon the approval of not less than two - thirds (2/3) of its members, so provides. VIII LIABILITIES 8.1 Liabilities. The debts, liabilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone and not of the parties to this Agreement, unless expressly specified herein. 8.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or result- ing from negligent acts or omissions of the indemnifying party or its employees. Where the Board itself or its agents or employees are held liable for injuries to persons or prop- erty, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the Board created by this Agreement, for injury which is caused by the negligent or wrongful act -22- or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for per- sonal injury or property damage arising out of the perform- ance of this Agreement. IX ADMISSION AND WITHDRAWAL OF PARTIES 9.1 Admission of New Parties. It is recognized that public entities, other than the original parties, may wish to participate in the Agency. Additional public entities may become parties to the Agency upon such terms and conditions, including, but not limited to, financial contributions, as provided by the Board and the unanimous consent of each existing party to the Agency, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties including the additional party. 9.2 Withdrawal. It is fully anticipated that each party hereto shall participate in the Agency until the purposes set forth in Section 2.2 above are accomplished. The withdrawal of any party, either voluntary or involuntary pursuant to Sections -23- 4.2 and 4.3 above, unless otherwise provided by the Board, shall be conditioned as follows: (i) in the case of a voluntary withdrawal, written notice shall be given one hundred and twenty (120) days prior to the end of a fiscal year; (ii) the fee program established by the party pursuant to this Agreement, shall remain in effect for a period of at least four (4) years after its adoption and for any additional period of time in which the Agency has theretofore made a financial commitment secured by the receipt of such fees; (iii) said withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by the Agency prior to the effective date of the party's withdrawal, nor any liabilities imposed upon or incurred by the party pursuant to this Agreement prior to the effective date of the party's withdrawal; and (iv) said with- drawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of the Agency, as set forth in Section 10.2 below. -24- X TERMINATION AND DISPOSITION OF ASSETS 10.1 Termination. The Agency shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that the Agency and this Agreement shall continue to exist for the purposes of: disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of the Agency. Termination shall be accomplished by written con- sent of all of the parties, or shall occur upon the with- drawal from the Agency of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in the Agency, or shall occur upon the effective date of the inclusion of the transporta- tion facilities constructed pursuant to this Agreement in the California State Highway System as defined and governed by Division 1 of the Streets and Highways Code. -25- 1( 10.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in the Agency following the discharge of all obligations shall be disposed of as the Board shall determine with the objective of returning to each party or former party a proportionate return on the contri- butions made to such properties by such parties, less pre- vious returns, if any, provided that said property interests shall be utilized to construct major arterial transportation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally pos- sible. In the event of the termination of this Agreement, any funds remaining following the discharge of all obliga- tions shall be disposed of by returning to each party a pro- portionate share of such funds equal to the percentage of the contribution made by each party, less each party's propor- tionate share of expenditures, if any, provided that said funds shall be expended to construct major arterial trans- portation facilities which accomplish the purposes of the San Joaquin Hills Transportation Corridor, to the extent legally possible. -26- I MISCELLANEOUS 11.1 Amendments. This Agreement may be amended with the approval of not less than three - fourths (3/4) of all members. 11.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "B ", shall be deemed to have been received by the party to whom, the same is addressed at the expiration of seventy -two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 11.3 Effective Date. This Agreement shall be effective and the Agency shall exist at such time as this Agreement has been executed by any five or more of the public agencies enumerated herein. 11.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and the Agency, in respect to the Agency's opera- tions, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this contract, or any breach thereof, shall be -27- submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitra- tion Association shall apply. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and the Agency. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its inten- tion to join in and to be bound by the results of the arbi tration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as "AAA ", shall submit simultaneously to the initiating party and to all parties named as respondents or filing a response there- in, an identical list of names of persons chosen from the AAA National Panel of Arbitrators which persons shall be, to the extent possible, persons first in the field of transportation as well as public law. Each party to the dispute shall have seven (7) days from the mailing date in which to cross off any names to which he or she objects, number the remaining names indicating the order of his or her preference, and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein -28- shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbi- trator from other members of the panel without the submission of any additional list. The arbitrator shall proceed to arbitrate the mat- ter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. 11.5 Partial Invalidity. If any one or more of the terms, provisions, sec- tions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provi- sions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 11.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. -29- ATTEST: City Clerk City of Laguna Beach M Dated ATTEST: City Clerk City of Newport Beach By Dated ATTEST: City Clerk City of San Clemente ATTEST: City Clerk City of San Juan Capistrano is �`, ' +i► Wated ATTEST: City Clerk City of Santa Ana = =� -31- CITY OF LAGUNA BEACH By Mayor CITY OF SAN CLEMENTE C By� < Mayor CITY OF SAN JUAN CAPISTRANO _ By� Mayor Kenneth Friess CITY OF SANTA ANA By. Mayor City Attorney 11.7 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 11.6 Execution. The Board of Supervisors of the County of Orange and the city councils of the cities enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. ATTEST: Clerk of the Board of Supervisors IM, �� Dated___ULLj 1111_ ATTEST: City Clerk City of Costa Mesa By Dated ATTEST: City Clerk City of Irvine ffm Dated -30- COU unairman� Board of Sups CITY OF COSTA MESA CITY OF IRVINE By Mayor APPROVED AS TO FORM: CITY ATTORNEY REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE January 6, 19q� TITLE ADOPTION OF FEE PROGRAM FOR EASTERN /FOOTHILL AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDORS PUBLIC SERVICES AGENCY �f<'I a �/I/ . DATE OF COUNCIL ACTION — a ) Q 9 No- A)S-s1 / i n RECOMMENDED ACTION It' is recommended that the City Council: /J S -/Sy % � )- CLERK OF THE COUNCIL (1) Conduct a public hearing for the Enabling Ordinance for the Road Fee Program. (2) Approve a Negative Declaration to establish development fees for funding construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (3) Adopt an ordinance adding a section to the Municipal Code adopting a Major Thoroughfare and Bridge Fee Program. (4) Approve a resolution establishing the areas of benefit and Major Thoroughfare and Bridge Fee Programs for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. (5) Approve a Joint Powers Agreement for the Eastern, Foothill and San Joaquin Hills Transportation Corridors. 00023'7 4 EXECUTIVE SUMMARY For more than a year, Santa Ana's City Council and administrative staff have been working with the County of Orange, Orange County Transportation Commission staff and representatives from other cities to develop a Major Thoroughfare and Bridge Fee Program. The program will provide an organized framework for the orderly financing, design and construction of the Eastern, Foothill, and San Joaquin Hills Transportation Corridors. On December 2, 1985 the City Council set January 6, 1986 as the public hearing to consider adoption of the proposed Fee Program. The proposed fee schedule for each of the corridors consists of the following one -time fee upon issuance of a building permit: Proposed Fee Program San Joaquin Hills` Eastern /Foothill Single family $1,010 $920 Multi- residence $ 590 $535 Non - residence $1.30 per sq. feet $1.05 per sq. fee' The Joint Powers Agreement requires annual review and permits potential modification of the proposed fees. The administration recommends adoption of the proposed fee program since Santa Ana would significantly benefit from the proposed transportation corridors. oOO238 MI