RES-7934 Consenting to Admission of Dana Point to the Foothill Eastern Transportation Corridor AgencyRESOLUTION NO. 7934
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE CONSENTING
TO THE ADMISSION OF DANA POINT TO
THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY.
WHEREAS, the County of Orange, and the Cities of Anaheim,Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, SanJuanCapistrano, Santa Ana, Tustin and Yorba Linda haveexecutedtheFirstAmendedandRestatedJointExercise ofPowersAgreementcreatingtheFoothill/Eastern TransportationCorridorAgency (The "Joint Powers Agreement" and the
Agency"), which Agreement became effective on October 21,1988; and
WHEREAS, the City of Dana Point ("Dana Point") intends toadoptanOrdinance, adopting the Major Thoroughfare and BridgeFeePrograminaccordancewithSection4.1 of the Joint PowersAgreement; and
WHEREAS, Dana Point intends to adopt a ReSOlution,
establishing the Areas of Benefit and fees for such MajorThoroughfareandBridgeFeePrograminaccordancewithSection4.1 of the Joint Powers Agreement; and
WHEREAS, Dana Point has requested admission as a party totheAgency; and
WHEREAS, Section 9.1 of the Joint Powers Agreementprovidesthattheunanimousconsentofeachexistingparty totheJointPowersAgreementisrequiredforadmissionofDanaPointasaparty.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council oftheCityofOrangeherebyconsentsandagreestotheadmissionofDanaPointtotheAgency, and authorizes the Mayor to signandtheClerktoattestAmendmentNo. 2 to the First AmendedandRestatedJointExerciseofPowersAgreementCreatingtheFoothill/Eastern Transportation Corridor Agency, attachedheretoasExhibit "A".
ADOPTED this 28th day of January, 1992
GENE BEYER
Mayor of the City of OrangeATTEST: -
ie~
BY: r1-::z~~hAl'-1./T/ '4hV <Z~~iRERA, MAYOR PRO TEMc~ty Cle of e ity of Orange
I hereby certify that the foregoing Resolution was dulyandregularlyadoptedbytheCityCounciloftheCityofOrange
at a regular meeting thereof held on the 28th of January, 1992,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: STEINER. BARRERA, COONTZ. SPURGEON
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MAYOR BEYER
city Cler of t ~ty of Orange
r
RESO No. 7934 2-dg
A-1/l/7.
e..AMENDMENT
NO. 2 TO
THE FIRST
AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT CREATING
THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY SECTION
1. The Board of the Foothill/Eastern Transportation
Corridor Agency imposed no terms and conditions upon
the participation of the City of Dana Point as a Party to the
Agency pursuant to Section 9.1 of the First Amended and Restated
Joint Powers Agreement Creating the Foothill/Eastern Transportation
Corridor Agency, in addition to enactment of the Ordinance
adopting the Major Thoroughfare and Bridge Fee Program
of such Agency and the Resolution establiShing the areas
of benefit, estimated cost and required fees.SECTION
2. The first paragraph of such Agreement hereby
is amended to read as follows:THIS
FIRST AMENDED AND RESTATED AGREEMENT was made and entered
into, pursuant to Sections 11.1 and 11.3 by and among the
following public agencies, other than the City of Mission Viejo,
the City of Lake Forest and the City of Dana Point, as of
the 21st day of October, 1988, the first date on which six or
more of such public agencies executed this First Amended and Restated
Joint Exercise of Powers Agreement Creating the Foothill/
Eastern Transportation Corridor Agency, and is amended ry
this Amendment No. 2 to such Agreement, pursuant to Section 9.
1, by and among all of the following public agencies as of the ___
day of , 1991, the date on which the last of
such pUblic agencies executed this Amendment No. 2 to such Agreement:
a)
County of Orange b)
City of Anaheim c)
City of Dana Point d)
City of Irvine e)
City of Lake Forest f)
City of Mission Viejo g)
City of Orange h)
City of San Clemente i)
City of San Juan Capistrano j)
City of Santa Ana k)
City of Tustin 1)
City of Yorba Linda OR1:
DLB:239 7q3'
i
SECTION 3. Section 3.2 hereby is amended to read as
follows:
3.2 BOARD.
a. The Board shall consist of the following:
i) One voting Board Member appointed by
the legislative body of each of the fOllowing Parties pursuant
to Section 3.1 above: the Cities of Anaheim, Dana Point,
Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San
Juan Capistrano, Santa Ana, Tustin and Yorba Linda.
ATTEST: CLERK OF THE BOARD
OF SUPERVISORS
COUNTY OF ORANGE
By:
Dated:CHAIRMAN
BOARD OF SUPERVISORS
APPROVED AS TO FORM:
By:
COUNTY COUNSEL
ATTEST: CLERK OF THE CITY OF
ANAHEIM
CITY OF ANAHEIM
By:
Dated:
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
OR1:DLB:239
ATTEST: CLERK OF THE CITY OF
DANA POINT
By:
Dated:
APPROVED AS TO FORM:
By:
CITY DANA POINT
ATTEST: CLERK OF THE CITY OF
IRVINE
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
LAKE FOREST
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
OR1:DLB:239
CITY OF DANA POINT
By:
CITY OF IRVINE
By:
MAYOR
MAYOR
CITY OF LAKE FOREST
By:
MAYOR
ATTEST: CLERK OF THE CITY OF
MISSION VIEJO
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
ORANGE
By: /h,~A-<~i)~Dated: ~
Marilyn J. Jensen, City Clerk
APPROVED AS TO FORM:
By:4~tft?k-tJ~
h CITY ATTORNEY, Robert
Franks ATTEST: CLERK OF THE CITY
OF SAN
CLEMENTE
By:
Dated:APPROVED AS TO
FORM:
By:CITY
ATTORNEY OR1:DLB:
239
i CITY OF MISSION
VIEJO
By:
MAYOR CITY OF
ORANGE
By:Fred Barrera, Mayor Pro
Tern CITY OF SAN
CLEMENTE
By:
ATTEST:
CLERK OF THE CITY OF SAN
JUAN CAPISTRANO By:
Dated:
APPROVED
AS TO FORM:By:
CITY
ATTORNEY ATTEST:
CLERK OF THE CITY OF SANTA
ANA By:
Dated:
APPROVED
AS TO FORM:By:
CITY
ATTORNEY ATTEST:
CLERK OF THE CITY OF TUSTIN
By:
Dated:
APPROVED
AS TO FORM:By:
CITY
ATTORNEY ORl:
DLB:239 CITY
OF SAN JUAN CAPISTRANO By:
MAYOR
CITY
OF SANTA ANA By:
MAYOR
CITY
OF TUSTIN By:
MAYOR
ATTEST: CLERK OF THE CITY OF
YORBA LINDA
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
APPROVED AS TO FORM:
By:
COUNSEL
FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR
AGENCY
OR1:DLB:273
OR1:DLB:239
CITY OF YORBA LINDA
By:
MAYOR
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL'EASTERN
TRANSPORTATION CORRIDOR AGENCY
TABLE OF CONTENTS
RECITALS............................................................................................................... 1
I.
DEFINITIONS.....................................................................................
2
n. PURPOSE AND
POWERS..................................................................
3
2.1 Agency Created......................................................................... 3
2.2 Purpose of the Agreement; Common Powers
to be
Exercised..........................................................................
3
2.3
Powers.......................................................................................
4
III.
ORGANIZATION.................................................................................
5
3.1 Membership............................................................................... 5
3.2 Board.......................................................................................... 5
3.3 Principal Office.......................................................................... 6
3.4 Meetings..................................................................................... 6
3.5 Quorum...................................................................................... 7
3.6 Powers and Limitations Thereon ............................................ 7
3. 7
Minutes......................................................................................
7
3.8 Rules..................... ...................................................................... 7
3.9 Vote or Assent of Parties ......................................................... 7
3.10 Officers ...................................................................................... 7
3.11 Committees.................................................... ......................... ... 8
3.12 Additional Officers..................................................................... 8
3.13 Bonding Requirement .............................................................. 8
3.14 Status of Officers and Employees ........................................... 8
IV. FEES .................................................................................................... 9
4.1 Imposition of Major Thoroughfare
and Bridge Construction Fee
by Parties............. ............... ................ ........ ............ ......... .......... 9
4.2 Annual Review of Fees ............................................................. 9
4.3 Payment..................................................................................... 9
4.4 Compensation of Agency for
Acquisition of Rights-of-
Way.................................................... 10 V. RELATIONS WITH OTHER
MAJOR THOROUGHFARE AND BRIDGE FEE
AGENCIES......................................................... 10 5.1 Joint Action
with
Other
Agencies............................................ 10 5.2 Communications
Between Corridor
Agencies.......... ..... ........ ..... ............ ...................... ......... .............. 10 5.3 Lending and Borrowing
of
Funds
Between
Agencies... ........... ........................... .............................
VI. BUDGET AND
DISBURSEMENTS.................................................
11
6.1 Annual Budget......................................................................... 11
6.2 Disbursements.......................................................................... 11
6.3 Accounts. .......... ..... ............ .................. ....... .......................... ..... 11
6.4 Expenditures Within Approved
Annual Budget.......................................................................... 11
6.5 Audit.......................................................................................... 12
VII.
SECURITIES.......................................................................................
12
7.1
Securities...................................................................................
12
VIII.
LIABILITIES......................................................................................
12
8.1
Liabilities.................................................................................
12
8.2 Hold Harmless and
Indemnify................................................
12
IX. ADMISSION AND WITHDRAWAL OF
PARTIES...........................
13
9.1 Admission of New
Parties........................................................
13
9.2 Withdrawal............................................................................... 13
X. TERMINATION AND DISPOSITION OF ASSETS......................... 14
1 0.1 Termination..................................................................... ......... 14
10.2 Distribution of Property and Funds........................................ 14
XI. MISCELLANEOUS............................................................................. 15
11.1
Amendments.............................................................................
15
11.2 Notice................. ....................................................................... 15
11.3 Effective
Date............................................................................
15
11.4 Arbitration.............................................................. .................. 15
11.5 Partial
Invalidity......................................................................
16
11.6 Successors.................................................................................. 16
11. 7 Assignment................................................................................ 16
11.8 Execution........................................................... ..... .... ............... 16
11-
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILUEASTERN
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 21st day of October, 1988, the date
on which eight or more of the following public agencies executed this First
Amended and Restated Joint Exercise of Powers Agreement Creating the
FoothilllEastern Transportation Corridor Agency:
a) County of Orange
b) City of Anaheim
c) City of Irvine
d) City of Mission Viejo
e) City of Orange
0 City of San Clemente
g) City of San Juan Capistrano
h) City of Santa Ana
i) City of Tustin
j) City ofYorba Linda
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 fmal 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 ofthe Foothill and Eastern Transportation Corridor,
and desire to impose such a fee pursuant to Government Code Section
66484.3 in order to finance the planning, acquisition and construction of
major thoroughfares and bridges in the Foothill and Eastern
Transportation Corridors. The Parties hereto have the common power to
conduct such transportation planning, fmancing 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 ofthe Government Code of the State of California.
E. The Parties hereto recognize that, in order to serve the purposes
stated herein, the imposition of fees in excess of the above-described
fees should not be required or recommended as a condition to any
annexation,incorporation or other reorganization involving territory claimed
or controlled by the Parties
hereto.F. The Parties hereto recognize that, in order to serve the
purpose stated herein, additional funding other than that received from
the above-described fees must be obtained. Each Party has agreed
to cooperate in obtaining additional financing, including, but not limited
to, debt financing, assessment districts, special legislation, toll
revenue financing,Arterial Highway Financing program funds and other
forms of
governmental grants-in-aid.G. The Parties hereto recognize that
in accordance with the principals of sound community planning, future
land use decisions should not upset the balance between land
use intensity
and adequate transportation facilities.H. It is anticipated by the Parties
hereto that any major thoroughfares or bridges constructed pursuant
to this Agreement shall comport with those standards for scenic highways set
forth in Streets and
Highways Code Section 261.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 FOOTHILL and
EASTERN TRANSPORTATION CORRIDOR AGENCY.c. "Annual Budget" means
the approved budget applicable to the expenses of
administration
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. "Executive Director" means the chief operating employee
selected by the Board to manage the day-to-day activities
of the Agency, including, but not limited to, the appointment and
removal of all employees of the Agency except those described in Section
3.11 below. The Executive Director shall not be an employee
of any
individual Party.h. "Fiscal Year" means July 1st to and
including the following
June 30th.i. "Party" means each of the public entities
which becomes a signatory to this Agreement, accepting the rights and
obligations of the Agency hereunder, including any public entity
executing an amendment ofthe original agreement as
hereinafter provided.j. "Quarter" means July 1st to and
including September 30th, October 1st to and including December 31st, January 1st
to and including March 31 and April 1st to and including
June
30th.II.PURPOSE
AND POWERS 2.1 All'
ency Created.There is hereby created a public entity to be known
as the FOOTlllLIJEASTERN TRANSPORTATION CORRIDOR
AGENCY." The Agency is formed by this Agreement pursuant to the provision of
Article 1.Chapter 5, Division 7, ofTiUe 1 of the Government Code of the
State of California. The Agency shall be a public entity separate from
the
parties
hereto.I \2.2 PJln>Q5e--9(th~u\.gn~!m}ent;Cllrnm@_E-oWeI:.sJ()J~~
E;1{~r_cised.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
b. The power to plan for, acquire, and construct
environmentally-sensitive thoroughfares and bridges to conform to
the technical standards of the California Department ofTransp()I'
tation CALTRANS) and the Federal Highway Anm;n;Rtration (
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 ofthe
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 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;
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 ofthe
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 along the
centerline of said Moulton Parkway to EI Toro Road, thence
northeasterly along the centerline of said EI Toro Road to Paseo de
Valencia; thence southeasterly along the centerline of said EI 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.
ZoneB
Zone B is described by the total San Joaquin Hills Area of Benefit
excluding Zone A as described above.
13.
B. FOOTHILIJEASTERN 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 FoothilllEastern Corridors AOB lS shown
on Exhibit VI. This AOB contains approximately 291 square miles.
All or portions of the following cities are included in this AOB:
TABLEVII-
2 FOOTHILL'EASTERN AOB BY LOCAL
JURISDICTION
City
Anaheim
Irvine Mission
Viejo Area Included in
AOB
Total 14.1 sq.
miles 18.
9 included
within the "
Unincorporated Territory"
area)10.
6 13.
5 5.
0 2.
811.
1 2.
1l1..'
Z 95.
8 194.7 (including
the area within
the newly
incorporated City of
Mission
Viejo)290.5 sq.
miles
Orange San
Clemente San Juan
Capistrano Santa
Ana
Tustin Villa
Park Yorba
Linda City
Subtotal Unincorporated
Territory 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
Jefferson Street to the southerll. city limits of Pia centi a; 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
ofsaid Valley View Avenue and its prolongation to the southerly
boundary of Chino Hills State Park; thence easterly along the southerly
boundary of Chino Hills State Park to its intersection
with the Orange/San Bernardino County line; thence southeasterly along the Orange
County line to the boundary
of the
San Joaquin Hills Transportation Corridor Area of Benefit.ZONE A 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 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
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
FoothilllEastern 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 ofth~'p'roposed La Palma Avenue as
shown on said Master Plan of Arterial Highways.
ZONEB
Zone B is described by the total FoothilllEastern 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.
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-
I.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-pea~
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 direSj
benefit from the corridors.Approximately thirty-nine percent - of corridor
trips are expected to occur during peak hours of
travel, thus representing lessened 41 Caltrans, LARTS
1976
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 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-
I FEE PROGRAM SHARE OF CORRIDOR
COST Total
Corridor
Costs ($)
Developers Share(%)
Share ($)
SJHTC Zone
A Zone
B Total $516,147,
000 28.6% $ 97,856,
775 19.8% $ 67.643.33.
Q48.4% $165,500,
105 25.8% $133,096,
099 22.7% $117 .13ll7.
5 48.5% $250,228,
066 Total $341,660,
000F/
ETC Zone
A Zone
B 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:CQst I1Pportion_ed tofut\lr,e_ d~y_elopment in the_AQR?;
One =cosVtrip end trip end growth in the AOB
zone
Zone A
SJHTC
97.856.
774... $74fI'E
1,321,160
67.643.
33Q... $46/TE
1,462,093
FJETC
133.096.091 ... $80/TE
1,665,922
117.131.975 ... $43/TE
2,730,730
ZoneB
The data used in computing the average cost per trip end are
summarized in Exhibit IX and X. The trip end generation factors used
in the calculation were derived from the EMA Trip Generation Rates,
shown in Exhibit XI. The projected growth in dwelling units was
taken from the respective San Joaquin Hills and Foothill
Transportation Corridor studies. Projected growth in
industriaUcommercial floor space was generated from MMTS IIQI
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 localresidentsbyprovidinganopportunitytoshoyclosetohome. Many of the
trip ends typically assigned to local retai 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.57-
Employment
Residential land uses receive sufficient benefit from construction of
neig~borhood/co.mmunity c~mmercial dev~lopment to distrib~te a
portion
of the tnp ends attnbutable to neIghborhood/commumty 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
VllI-2 ADJUSTED AOB
TRIP ENDS
Zone A
Generated Adjusted Trip Ends
T1ip Ends SAN JOAQUIN HllLS
TRANSPORTATION CORRIDOR Land
Use Catee-ory Single Family Residential Units 379,
452 557,635 Multi-Unit Residential Unit
193,956 285,053 Neighborhood/Community Commercial
448,800 179,
520 FOOTHILIJEASTERN TRANSPORTATION CORRIDORS Single
Family Residential 666,024 Multi-
Unit Residential Units 160,377
Neighborhood/Community
Commercial 479,
662 897,
960
216,238
191,865 ZoneB Generated
Adjusted Trip
Ends Trip
Ends 139,
368 240,
723 525,
262 254,
936 440,312 210,105
643,812 1,143,
880 248,906 442,221
1,155,638 462,255 Once this adjustment was made, the fee
program share of the total corridor cost for each ofthe 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 ofthe corridor cost.The fee program
share
TABLE VllI-
3 FEE PROGRAM SHARE BY LAND USE
CATEGORY Single Family Multi-
Unit Total Residential Residential Non-Residential
Developer's Share SAN JOAQUIN
HILLS TRANSPORTATION CORRIDORZone 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
97,856,774
67,643,
330
Zone A ZoneB
71,836,800
49,186,840
17,299,040
19,015,503 43,960,251 $
133,096,091 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
TABLE VIII-
4 AREA OF BENEFIT
FEES Land
Use
Original
Fee
Calculation Ori .
al
Original Rounded
Current
m SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR Zone
A Single-family $41,264,990 + 31,621 units $
1,305Iunit Multi-unit $21,093,922 + 27,708
units $761/unit Non-residential $35,497,862 + 20,021,185
sf $1.77/
sf 1,
305/unit 760/
unit
1.75/
sf 13721unit
799/
unit 1.841sf ZoneB 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
Land
Use
Fee
Calculation Original Rounded
m ~Current
Fee FOOTHILIJEASTERN TRANSPORTATION CORRIDOR Zone A Single-family $71,836,800 + 55,502 units $
1,2941unit $I,295/unit $1360/unit Multi-unit $17,299,040 +
22,911 units $755/unit $755/unit $7941unit Non-residential $43,960,251 + 24,231,767 sf $
1.81/
sf $1.80/sf $1.89/sf Zlm!L6 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,
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 ofthe
three general land
use categories.In the event an existing non-residential building is
proposed to be expanded, the fee will be determined by the net
increase of building area. If a non-residential building
is converted to another non-residential use with no net increase in
building area, no fees shall be required. Parking structures shall also
be exempt from payment of fees since they do not generate a
vehicular
attraction in and of themselves.The following categories which
receive exemptions from payment of property taxes will also
be generally exempt from paying transportation corridor fees: (1)
Church; (2) Religious; (3) College;4) Welfare; (5) Wholly Exempt; (6)
Other. The final determination of whether a property is exempt will be
based upon verification of a property tax exemption for those
specified categories on the latest Assessor's roll as defined for Orange County
by the State of California.Government-owned facilities or
utilities shall be exempt from payment of fees to the extent that the facilities
will not be used for generating revenue or commercial purposes.
Examples of exempt public uses are city halls, park buildings,
and other public buildings. Privately owned utilities will not be
exempt from payment of corridor fees.
Notwithstanding property tax exemptions, governmental-owned or constructed facilities (including
but not limited to counties, cities and redevelopment agencies) which
will generate revenue or be leased for commercial purposes shall
pay fees in accordance with the established fee schedules.
Examples of this include the revenue generating portions
of airports, train stations, stadiums, sports arenas,convention centers,
bus terminals, hotels, or concessions on public lands. In the event construction
of these facilities is an expansion of an existing use, the fee
shall be determined based
upon the net increase of building area.All disputes over application
of fees to specific projects or disputes over exemptions of
projects from fee requirements shall be presented to the .Joint Powers Agency described
in
Section
Examples of fee calculations:
1.The fee for a development consisting of 100 single-
family detached units, 300 condo units and 25,000 s.t: of office
and Neighborhood Shopping Center uses, calculated upon
original rates, would
be:SanJoaQ,uin HHls AOB (Zone
A):100 D.U. x $1305/D.
U.)300 D.U. x $760/D.
U.)25,000 S.F. x $1.75 S.
F.)130,
500 228,
000 43.
750 Total fee for development
if located in Zone A of SJHTC
AOB FoothilllEastern AOB (Zone
B):100 D.U. x920/D.
U.)300 D.U. x $535/D.
U.)25,000 S.F. x $1.05/S.
F.)402.
250 92,
000 160,
500 26.
250 Total fee for development
if located in Zone B of
FoothiW EasternAOB 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 2..Q.
QQ 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
FoothiW EasternAOB
MQQ 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
StatelFederal 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 COT ,1 .RCTION 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
retainin~ walls, patio covers, swhmn;ng 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 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 theSan 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 ofthis First Amended
and Restated Agreement, whenever subdivision approvals are conditioned upon
requirements
transportation corridors or dedicate right-of-way in excess
of Major Artenal 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 ofthe 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
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
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 ofthe
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
Corridor SeiIDent Original/Current 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 FOOTHILIJEASTERN TRANSPORTATION CORRIDOR FoothilllEastern Corridor
137,060/$
144,038 per acre road easement The term road easement as used
above includes the entire area within right-of-way (hinge
point to hinge point) excluding slope and drainage
easements. The credit values furthermore include percentages or
work estimated for engineering,
administration and
contingencies for the respective transportation corridors.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 he added.
Contingency credit of 10% of the drainage structure credit
will be added. Terrace drains, down drains and temporary drainage facilities
or erosion control
facilities
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 changes
in general plan land use elements, or other pertinent information.
In the event an annual evaluation of the fee programs causes fees to be
reduced for any reason, reimbursements will not be considered for fees
already paid.
XIII. JOINT POWERS AGENCIES
There are thirteen different cities within the proposed Areas of Benefit for
the FoothilllEastern and San Joa'ijuin 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.
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TABLE OF CONTENTS
SECTION' 'T'M"'T .R PAGE
Executive SntntnAry 1
I Background 3
II Description of Corridor 4
ill Corridor PJAnn;ng 5
IV Estimated Costs 6
V Overall Financing 8
VI Area of Benefit 9
VII Description of Area of Benefit (AOB) 11
VIII Fees 16
IX Deferral of Fees 23
X Criteria for Collection of Fees 24
XI Development Exactions & Credits 24
XII Annual Fee Adjustment 27
XIII City Participation in Fee Program 27
t-
LIST OF EXHIBITS
EXHIBIT NO. TTTT;~
PAGE
I Area of Benefit Index Map with CityBoundaries
28
II Resolution 82-598, TraFl::lrtation Corridor Development olicy
29-31 ill Area of Influence forCorridorUsers,San Joaquin Hills Transportation
Corridor 32 IV Area of Influence for
Corridor Users,FoothilllEastern Transportation
Corridors 33 V Area of Benefit, San
Joaquin Hills Transportation
Corridor 34 VI Area of
Benefit, FoothilllEastern Transportation
Corridors 35 VII Fee Program Share of
Total Corridor
Cost,
SJHTC 36-37 VIII Fee Program Share
of TotalCorridor
Cost,
F/ETC 38-39 IX Cost Per Trip
End Analysis, SJHTC 40 X Cost PerTrip End
Analysis, F/ETC 41 XI Daily Vehicle
Trip
LIST OF TABLES
TABLE NO. TJ'T'T .F. PAGE
IV-I San Joaquin Hills Transportation Corridor Cost
7 IV-2 Foothill/Eastern Transportation Corridor
Cost 7 VII-1 San Joaquin Hills AOB by
Local Jurisdiction 11 VII-2 FoothilllEastern AOB
by Local Jurisdiction 14 VIII-I Fee Program
Share of Corridor Cost 17 VIII-
2 Adjusted AOB Trip Ends 19 VIII-3 Fee
Program Share by Land Use Category
20
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHIWEASTERN
TRANSPORTATION CORRIDORS
Executive Sununm:y
It can no longer be expected that facilities such as the San Joaquin Hills
Transportation Corridor (SJHTC) and FoothiWEastern 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 oftheir total trip making utilizing
the corridor formed a fairly dense pattern. Identifiable physical features
closely approximating the pattern were used to describe the boundaries of the
benefit areas. Two fee zones within each Area of Benefit were established based
upon direct use of the corridors. Traffic analysis zones with 8% or more of their
total trip making utilizing the corridor were defined in the higher fee zone (A). ,
The remainder of the zones were defined in the lower fee zone (
B).Assessment of fees on a traffic related basis was determined to be equitable.
Trip ends were selected as the least common denominator and fees were established
by dividing the proportion of corridor cost attributable to each fee zone by the
total number of projected daily trip ends within each fee zone. Adjustments were
made to trip ends between neighborhood commercial and residential land uses to
reflect the relative benefit of neighborhood commercial development to residences.
Land uses were combined into three general land use categories (2 residential and
1 non-residential! for the purposes of applying fees to
Presently, as of September 14, 1988, fees for each of the fee zones within the Areas
of Benefit az:e:
SJHTC Sin~le Family
Residential
Multi-
Unit
Residential
Non-Residential
Zone
A ZoneB1,
372/unit1,
062/unit
799/
unit 6201unit
1.84Isf.
1.
361sf.FIETC
Zone
A ZoneB 1,
360/unit
967/
unit 7941unit
563/unit 1.
89/sf.l.
lO/sf.Developers who are required to construct portions of the
transportation corridors will receive credit for that work toward the payment oftheir 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.Portions of thirteen cities are included within the benefit areas for
the SJHTC and FIETC 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
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILUEASTERN
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 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 ofthe corridor and participate
in
any established corridor fee program.On February 15, 1983, the Board
of Supervisors, by Resolution 83-239,identified interim Areas ofImpact
for the San Joaquin Hills and FoothilllEastem 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 FoothilllEastern 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 FoothilllEastern 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
The County and various cities within the Area of Benefit ofthe San
Joaquin Hills and FoothilllEastern Transportation Corridors formed two
Joint Powers Agencies known as the San Joaquin Hills Transportation
Corridor Agency and the FoothilllEastern Transportation Corridor
Agency. Necessary ordinances and resolutions to effect the Fee Program
have been adopted by all parties ofthe 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 ofthe O~:n~e CO,
unty Ge,neral Plan.lliW. ~hri~hi~~~o~ E~emen~:: the:~Jl.-
e: I Iltl1liQuILcii.)'.Parties Wlth__ _~ l;_mdors h _ _ b__Ianned
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 join the San Diego Freeway (1-5) 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 ofthe 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
i
I
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 interchan~es with arterial highways plus provisions for
future additional exclusive mterchange 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 ofthe Santa
Ana Freeway 1-5) 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 (1-5) 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 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 FoothilllEastern 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
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 ofthe
Foothill Transportation Corridor. Alignment selection studies also are underway on
the Eastern Corridor and the southerly end ofthe 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 of1988)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 ofHOV 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 part ofthe corridor
cost was assumed to have a value of $50,000/
acre, to be adjusted by the Agency
in
A SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC)
The cost of constructing the SJHTC to the standard of improvement as
described in the previous section was based on the following estimates
prepared for the County during the Phase II SJHTC study work, to be
adjusted by the Agency in accordance with the California Construction
Cost Index, or other comparable index selected by the Board.
TABLE IV-
I SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
COST Construction: $259,736,
000 Engineering & Admin.: 38,960,
000 Contingencies: 25,974,
000 Right Of Way (in
excess of Major Arterial Hwy.): 16.990.
000 Total (for
purposes of Fee Program): $341,660,
000 B. FOOTHILL'EASTERN TRANSPORTATION CORRIDORS (
FIETC)The cost for constructing the FoothilllEastern
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:
TABLEIV-2 FOOTHILL'EASTERN TRANSPORTATION
CORRIDORSCOSTE'29.iliillEastern
Tot<!l Construction: $233,557,000 $143,526,000 $377,
083,000 Eng. & Admin.: 35,033,000 21,528,500 56,
561,500 Contindencies: 35,033,000 21,528,500 56,
561,500
Right fWay in
excess of Major Art. Hwy.): __H.l5lJ!Q,Q11. 79.Q,lli).Q --.
2ti4LQQQ Total (for
purposes $317,774,000 $516,147,000 of Fee Program): $198,373,
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
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 ofthe 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 theportionofthecostnotfundedbydevelopment
fees.State Route 73 (Corona Del Mar Freeway) has been le~
latively redescribed to correspond with the route of San Joaqum
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 FoothilllEastern 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 CaliforniaTransportationCommissioninitsStateTransportationImprovementProgram (
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 ofthis 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 ofthis
report.The originally estimated corridor costs, subject to adjustment
as previously stated, and the portions allocated to new developmentthroughtheMajorThoroughfareandBridge (MT&B) fee program
are:ew_D~W!lPJn~
nl
Approximate ah~reof{:~Total
Cost
s San Joaquin
Hills:Foothill/Eastern:
341,660,
000 516,147,
000
8-165,500,
104 250,228,
06648.
4%48.
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 ofthese improvements including the estimated
value ofRlW 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.VI. 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.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 develofed properties. Revenue for the cost allocated
to existing development wil be provided from public funding sources
identified in Section V, "Overall Financing," ofthis 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
an~sis was conducted with a system of computer programs known
as UTPS Urban Transportation Planning Systems). The computer
programs were tailored for .soecific Orange County application and are commonly
known as the SOCCS:V travel
demand model.11 UTPS is a battery of sophisticated computer programs developed and
sponsored by the Federal Urban Mass Transportation Agency (UMTA) for
forecasting
travel demand.21 South Orange County Circulation Study (SOCCS) travel demand
forecasting model developedby EMAtI'ransportation
Planning
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 ofthese person trips will travel br auto, and finally assigns
these auto trips onto a highway network. The soCloeconomic data used in the
AOB analysis is from the San Joaquin Hills Transportation Corridor Study
and the Foothill Transportation Corridor
Study.Using t~ trip-making data described above, a select link
analysis (program UROAD ) was performed to determine the number of corridor
related trip ends which origmate 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 ofthe AOB for each ofthe 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.
2.
3.4.Corridor trip ends exceed 1.75 trip ends per gross acre of
the TAZ.Total corridor trip ends per TAZ exceed
2,000.Trip end growth within each TAZ
exceeds 45%.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 ofthe 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 1.3/ UROAD is one ofthe computer programs in UTPS. It is a
comprehensive flexible highway assignment and
analysis
VII. DESCRIPTION OF AREA OF BENEFIT (AOB)
The AOB's for the San Joaquin Hills and the combined FoothilllEastern
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-
I SAN JOAQUIN HILLS AOB BY LOCAL
JURISDICTION
City Costa
Mesa
Irvine Laguna
Beach Mission
Viejo Area Included in
AOB
Total 3.2 sq.
miles 22.
2 5.
6 included in
the Unincorf.
orated Territory'
area)8.
3 3.
8 8.
2 2.
8 54.
1 2-8.,3 (
including the area
within the
newly incorporated City
of
Mission Viejo)122.4
sq. miles
Newport Beach
San Clemente San
Juan Capistrano
Santa Ana
City Subtotal
Unincorporated Territory 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 FOIl 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
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 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.ZQne~A Zone A is bounded
on the south by the Pacific Ocean and is described as follows:
Beginning
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<0;
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.3.2
Board.a. The Board shall consist of the
following:i) one voting Board Member appointed by
the legislative body of each ofthe following Parties pursuant to Section 3.
1 above: The cities of Anaheim, Irvine, Orange, Mission Viejo,
San Clemente, San Juan Capistrano, and Santa Ana, Tustin andY
orba
Linda.ii) two voting Board Members from the County of
Orange.said ,members to be the duly elected supervisors for the Third
and Fifth County of Orange Supervisorial
Districts.
iii) The Board may, from time to time, appoint additional ex
officio members.
b. Except for ex officio members, each Board Member shall
be a current member of the legislative body of the Party each member
represents.
c. Each Board Member shall also have an alternate
appointed by the legislative body of the Party represented by such
Board Member. With the exception of the alternates to the Board
Members representing the County of Orange, an alternate Board
Member must also be a current member of the legislative body of the
Party such alternate represents. An alternate Board Member shall
assume all rights and duties of the absent Board Member.
d. Each Board Member and alternate shall hold office from
the first meeting ofthe 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 ofthe 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) ofthe 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 MeetiP.~
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.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 QUM"1nn.
Not less than two-thirds (213) 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 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 ofthe Executive Director to
obtain certified copies of said
actions.3.10 QfikeI'
s.There shall be selected by the Board from its membership,
a chairman and a vice chairman. The Board shall appoint a secretary
who may be a Member. The Board shall appoint an officer or employee of
the Board or an officer or employee of a Party to hold the offices of
treasurer and auditor for the Agency. Such offices may be held by separate officers
or employees or may be combined and held by one such officer or employee,
as provided by the Board. Such person or persons shall possess the
powers and the duties of, and shall perform the treasurer and auditor functions
for the Agency and those functions required by Government Code
Sections 6505,6505.5, and 6505.6, including any subsequent amendments
thereto.
The chairman, vice chairman, secretary, treasurer and auditor
shall hold office for a period of one year commencing July 1st of each year.
Except for the Executive Director, any officer, employee, or agent of the
Board may also be an officer, employee or agent of any of the Parties. The
appointment by the Board of such a person shall be evidence that the two
positions are compatible.
3.11 Committees.
The Board may, as it deems appropriate, appoint committees to
accomplish thelurposes set forth herein. Any meeting of such a committee
shall be deeme 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) ofthe 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 Bondinll
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 andEm,
ployees.All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension, relief, disability, worker'
s compensation, and other benefits which apply to the activities of
officers,agents, or employees of any of the Parties when performing their
respective functions shall apply to them to the same degree and extent while
engaged in the performance of any of the functions and other duties under
this Agreement. None of the officers, agents, or employees appointed by
the Board shall be deemed, by reason of their employment by the Board, to
be employed by any of the Parties or, by reason of their employment by
the Board, to be subject to any of the requirements of such
Parties.
IV.
FEES
f:l,O::::f~:. of Major Thorou&,hfare and Bridie Construction Fee
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.
4.1
4.2 Annual Review of Fees.
At least once annually, the Board shall undertake a review of
the above-described fee program and may, upon approval of not less
than two-thirds (2/3) of its Members, modifY the fee to be imposed by
the Parties hereto. Each Party shall impose said revised fee within
one hundred twenty (120) days, and if a Party fails to impose said fees,
repeals the enabling ordinance or fee requirement or otherwise disables itself
from the collection and remittance of said fees to the Agency, on the effective
date of any such action or upon expiration of the aforementioned
time period,whichever is sooner, such action shall be deemed the withdrawal
of that Party from the Agency, subject to the conditions specified in Section
9.
2 below.4.
3 Payment.Each Party agrees to hold said fees in trust for the
Agency, and to pay said fees to the Agency in quarterly payments, within sixty (
60) days after the end of
each quarter.The Board may authorize an audit of any Party
to determine whether said payments of fees accurately reflect each Party'
s obligations under this Agreement. Unpaid fees shall bear interest at a rate
to be determined by the Board. In the event that any Party fails to
remit said fees to the Agency, said failure may be deemed by the Board to
be a withdrawal of that Party from the Agency subject to the
conditions specified in Section 9.
2
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 ofthe
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 Agen<:y for Acquisition ofRi~hts-
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. ofthe 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 Partyfails to acquire thes!il rights-
of-way by the above-mentioned means after the route
alignnlents for the Foothill and Eastern Transportation Corridors are established and accepted
by the Agency, or fails to preserve such rights-
of-way and property interests by the above-mentioned means which
were established by the County of Orange prior to such
establishment and acceptance by the Agency, that Party shall compensate the Agency for
all costs (including attorneys' fees) incurred
by
the Agency in acquiring said
rights-of-way and
property interests.V.RELATIONS WITH OTHER MAJOR
THOROUGHFARE AND BRIDGE FEE AGENCIES 5.1 Joint Action with
Other Aiencies.In the event that other major thoroughfare and
bridge fee agencies are formed for the
purpose of planning, coordinating, acquiring,financing, constructing, maintaining. repairing. managing,
operating and controlling major thoroughfares and bridges in the
San Joaquin Hills Transportation Corridor or other transportation corridors, the Board is authorized
to make or perform any agreement to join with said
agencies in the planning and implementation of said thoroughfares and bridges, when
for any purpose otherwise permitted by law, the Board
deems it appropriate.5.2 CQmmunication~tYl~en c.QrriJim:..Ag:eD~.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
5.3 Lenili"g and Borrowing of Funds Between Ai'encies.
When it is found to be beneficial to the purposes ofthe 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 Budret.
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 expenditw'es shall be reported
to the Board.
6.4 &p~~it!.!1'.es Within A-ro>J:QYI~i:lAlmIDIlJiydg~
t.All expenditures within the designations and limitations oft.
he 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 lessthan two-thirds (2/
3) of the Board Members. No expenditures in excess of those
budgeted shall be made without the approval of notless than two-thirds (2/
3) of the Board Members to a revised and amended budget which may,
from time to time,
be
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 ofthe 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 ofthe legislative body ofthat
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.
T .T A
HILITIES 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 Hol~LHannleJ>s_
l!nd Ind!lmnify.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
indemnity for such injuries shall be based proportionately upon the fees
paid by each Party. In the event of liability imposed upon any ofthe
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.
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 oftime 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; (Hi)
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 ofthe Agency, as set forth in Section 10.2 below.
13-
X.
TERMINATION AND DISPOSITION OF ASSETS
10.1 TerTn;nation.
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 oftolls 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 eight Parties remaining in the Agency, or
upon transfer oftitle 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 ofthe
Agency have been satisfied.
10.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any property
interest remaining in the Agency following the discharge of all obligations
shall be disposed of as the Board shall determine with the objective of
returning to each Party or former Party a proportionate share of the
contributions 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 hereon a proportionate share of such funds equal to the
percentage ofthe contribution made hy each Party, less each Party's
proportionate share of previous distributions, if any, provided that said
funds shall he expended to construct major arterial transportation facilities
14-
which accomplish the purposes of the San Joaquin Hills Transportation
Corridor, to the extent legally possible.
XI.
MISCET.T .ANF.OUS
11.1 Amennments.
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 adverselr affect the interests of
the owners of bonds, letters of credit or other finanCial obligations ofthe
Agency.11.2
Notice.Any notice or instrument required to be given or delivered
by depositing the same in any United States Post Office, registered
or certified, postage prepaid, addressed to the Parties, shall be deemed to
have been received by the Party to whom the same is addressed at the
expiration of seventy-two (72) hours after deposit of the same in the
United States Post Office for transmission by registered or certified mail
as aforesaid.11.3
Effective Date.This Agreement shall be effective at such time
as this Agreement has been executed by any eight or more of
the Parties enumerated in the introduction
ofthisAgreement.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 (0) days of service upon it of such notice, me
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
which persons shall be, to the extent possible, persons first in the field of
transportation as well as public law. Each Party to the dispute shall have
seven (7) days from the mailing date in which to cross off any names
indicating the order of his or her preference, and return the list to the
AAA. If a Party does not return the list within such time period, all
persons named therein shall be deemed acceptable. From among the
persons who have been approved on both lists, in accordance with the
designated order of mutual preference, the AAA shall invite the acceptance
of an arbitrator to serve. If the Parties fail to agree upon one of the persons
named, the acceptable arbitrator is unable to act, or if for any other reason
the appointment cannot be made from the submitted list, the AAA shall
have the power to make the appointment of the arbitrator from other
members of the panel without the submission of any additional list.
The arbitrator shall proceed to arbitrate the matter in
accordance with the provisions of Title 9 of Part 3 ofthe Code of Civil
Procedure.
11.5 Partial Invalidity.
If anyone or more ofthe 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 AssiV'ment.
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.
16-
A'ITEST:
Clerk ofthe Board of
Supervisors
COUNTY OF ORANGE
By Isl Linda D. Roberts
By-Lal Thomas F.
Riley
Chairman Board of
Supervisors Dated October 14.
1988 APPROVED AS TO
FORM:Isl SJP (Sarah Parker) for Ben
DeMayo County
CounselA'ITEST:CITY OF
ANAHEIM City
Clerk City of Anaheim By Isl Ben
Bay
Mayor Dated October 12. 1988 By Isl Leonora N.
Sohl APPROVED AS TO
FORM:Isl J. }
lbite City
Attorney A'ITEST:CITY OF
IRVINE City
Clerk City of Irvine By Isl Larry A~
ran
Mayor Dated November 9. 1988 ~By Isl Nancv C.
Lacey APPROVED AS TO
FORM:Isl R~r A.
Grable City
Attorney
ATI'EST:
City Clerk
City of Mission Viejo
By Isl Ivy Zobel
APPROVED AS TO FORM:
l'$~C.Qtt Field
City Attorney
ATI'EST:
City Clerk
City of Orange
By Isl Mari1vn J. Jensen
APPROVED AS TO FORM:
Isl Furman B. Roberts
City Attorney
ATI'EST:
City Clerk
City of Santa Ana
By Isl Janice C. Guy
APPROVED AS TO FORM:
Ls~dward Cooper
City Attorney
18-
CITY OF MISSION VIEJO
By Isl Norman P. Murray
Mayor
Dated October 12. 1988
CITY OF ORANGE
By Isl Jess F. Perez
Mayor
Dated October 25. 1988
CITY OF SANTA ANA
By-Lsl Daniel H.
Young
Mayor Dated October 13. 1-';'-
ATTEST:
City Clerk
City of San Clemente
By I s I Myrna Erway
APPROVED AS TO FORM:
Isl Jeffrey M. Oderman
City Attorney
ATTEST:
City Clerk
City of San Juan Capistrano
By Isl Mary Ann Hanover
APPROVED AS TO FORM:
Isl JQhnJ.. Shaw
City Attorney
ATTEST:
City Clerk
City of Tustin
By Isl Mary E. Wynn
APPROVED AS TO FORM:
1s1 J. Rourke
City Attorney
19-
CITY OF SAN CLEMENTE
By Isl Tom Lorch
Mayor
Dated October 14. 1988
CITY OF SAN JUAN CAPISTRANO
By Isl G. Hausdorfer
Mayor
Dated October 14. 1988
CITY OF TUSTIN
By Isl Ronald B. Hoesterey
Mayor
Dated October 17. 1988
ATTEST:
City Clerk
City ofYorba Linda
By Isl Carolyn Wallace
APPROVED AS TO FORM:
Isl Elizabeth Cowles - assistant City
Attorney 20-
CITY
OF YORBA LINDA By
Isl Henry W. Wedaa Vice
Mayor Dated
October 12. 1988
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"
J
2
3
5
6
7
8
9
10
11
12
13
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17o.
vo
18
19
20
21
22
23
24
25
0 26
270
Q; 28
G:dh
EXHIBIT II
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
April 21, 1982
On motion of Supervisor Wieder. duly seconded and carried. the
following Resolution was adopted:
WHEREAS. development of lands is occurring which contributes
directly to the need for transportation corridors: and
WHEREAS. said development may obstruct future right-of-
way fo,the t~ansportation
corridors: and WHEREAS, development benefitting from implementation
of the transportation corridors should contribute toward the
cost gener", _in proportion to the need
generated: and WHEREAS, right-of-way for the transportation
should be pre.i., " .';
as development occurs: and WHEREAS, grading should be
accomplished, whenever possible, In conjunction with the grading and
development
of surrounding prop.,'. .and WHEREAS, implementation of logical
increments of the corrid,.'should occur in conjunction with the land development
p=ocess whep!, '!".'Z the transportation needs of that
development require those ~
aci"~;~~for access: and HEREAS, development policies forthe
implementation of 1.1.transportation corridor will prOVide a basis for
planning of futu~e development and serve as notice to the public
as to the future
locations of the
corridors:Resolution
No. 82-
598
NOl\'. TH'..,t:t'ORE, BE IT RESOLVED that as a condition of a?pro'l.'al
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-of-way
in accordance with schematic plans approved on the tentative map and
rough grading plans approved
by the Director. EMA.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
require0 .~ I_t. t based upon traffic
generated by proposed project.S. Participate. among other
designated beneficiaries, inanyestablished corridor develop::ent feeprogram.
Costs incurred jl\irSUaT to.Conditions 2 through 4 shall be creditable
against fees. Co~Ls incurred pursuant to Condition 1 shall be
creditable against fees to the extent that the develo?::,.e=t !ee pro~ra:
u includes
said
risht-()~-..a cost.BE IT FURTHER RESOLVED that EMA is hereby
directed to ame)"~appropriate sections of the Subdivision and Zoning Codes to im~...
t:.llle..
1 this policy.BE IT FURTHER RESOLVED that EMA is herebydirected
to inu,"porat:in General Plan amendment elements. zoning actions.
area plans and site plans recommendations appropriate for
implementing
1 bE IT ~'~.;aHEk RESOLVED that EI'''' is hereby directed to begin
2 anal~'zing potential areas of benefit as an adjunct to the Orange Count
3 Orange County Transportation Commission Transportation Finance Study.
BE IT FURTHER RESOLVED that affected cities be requested to adopt5similarPOlicies.
6 BE IT FURTHER RESOLVED that EMA is hereby directed to proceed
7 expeditiously with the establishment of . fee program.
11
12
13
14
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18 '~YE$:
19
NOES:
20
ABSENT:
24
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26
27
028
I
SlJPEP.
VISORS
a~_~_".I~'.l"I' M. '-'lEDER. RALPH B. CIARK. AND ROGl,,; R.STARTOS SUPEP-VISOP.s
NOZ\!:SUPERVISORS BRUCE :''
t:STA.'lDE ANDTHOMAS F. RILEY 21 STATEOF
CALIFORNIA )22' ) 55.
COUNTY
OF
ORA HGE )23 I.
JUNE
ALEXANDER, Clerk of the Board of Supervisors elf O..ange .COIlr.ty, (;. f ,fo..r.:heret>yce..tify thatthe above and foregoing Resolution was duly ~nll.~g~la...jY,adul'iHI b)the saidBoardatare9ularmeetingthereofheldonthe21st .:)dOy"of ]>;pal..;. ,19 82 . and passed by I unaniJTcus Yote of said 80a...~~.prese.'1t......-:'~IN WITNESSWHEREOF,
I have hereunto set "'y h4nd In~:5,Hl this 21st (fay of ADril , 19 82 . ::1 ;.~~" A' ')~::d~# ,
d'~)/ .~.:OWI) L J.
tNMfI ,.">> .Cle..kof'
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ZXIlIBI'r VII
Page lof 2
n::E PROOIlA.'-l SHARE OF TOTAL COllRItlOR con
SAN JOAQUIN BILLS TRANSPORTATION COllRItlOR
Zone A ZOne B
OutdcSe
Q!
CorricSor Oser Trips
With One or Both EncSs In ZOne
Trips beginning ancS encSing in sone
Trips cSue to growth)
TotalUipa)
Trip Ene! Analysis
Trip encSs cSue to growth)
Total trip encSs)
Percent ccrri60r TZ cSue to growth)l
Percent corridor users TZ by ZOne)2
Percent corri60r users TZ cSue to growth) 3
27.109 5,890 9,116
29,047 9,811 22,195
60,145 25,834 49,79[;
78.820 35,345 69,894
57.362 28,141 50,274
73.274 3S,S82 72,2(l~
171,725 65,755 118,304
210,188 93,549 186,487
81.70\ 70.29\ 6~.' ".
42.8B\ 19.08\ 3B,\'''
35.03\ 13.41\ 24,! "
In/Out Trips
Trips cSue to growth)
Total trips)
OI2t/In Tripe
Trips cSue to growth)
Total trips)
lpereent corridor TZ cSue to growth - trip ends due to qrovth Total
Trip Ends 2percent
cor rider users TZ by sone. Total trip ends per %One Summation
of total trip ends 3percent
corricSor users ~ cSue to growth - Percent TZ cSue to gr~~ x percent corricSor
users TZ by zone D'1'
20-19 36-
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EXBIBI'r VIII
Page 1 of 2
PEl!: PROGRA.'! SllARI!: 01" TOTAL CORRIDOR COST
FOO'l'BILL,lEASTERN '1'1WlSPOR'l'ATION COllRIDOR
Zone A Zone 19
Outside
2!
Corriaor User Trips With One or Both Ends In ZOne
Trip. beginning and ending in sone
Trip. due to growth) 27,922 9,322 20,555
Total trip.) 28.200 U,657 37.307
In/Out Trip.
Trip. due to gr~h) 68,629 31,320 64,217
Total trips) 80,763 46,004 8S,512
Out/In Trips
Tri.,. due to growth) 75,U9 33,64B 55,069
Total tr ips) 89,823 45,760 79,696
Trip End Analysis
Trip ends due to gr~h) 199.922 83,612 160,396
Total trip ends) 226,986 U5,07S 242,822
Percent corridor '1'E due to growth}l 8S.0n 72.66\ 66.05'
Percent corriaor users '1'E by ZOne) 2 38.1n 19.68' 41.52'
Percent corridor users '1'E due to growth} 3 34.1n 14.30' 27.42~
lpercent corridor '1'E due to growth . trip ends due to growth
Total Trip Ends
2Percent corrider user. '1'E by zone. Total trip ends per zone
Summation of total trip ends
3percent corridor users 'rE due to growth . Percent '1'E due to growth x
percent corridor users TE by zone
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EXBI1lI'l' XI
Page 1 of 2
DAILY VEHICLE 'l'RIP GENERATI~ RA'1'l!:S
ORANGE COUNTY ENVIRCtlMEN'I'AL MANAGEMENT AGl!:!lc:!
August 1982
The following is a listing of vehicle trip generation rates used for planning
purposes by the Environmental Management Agency. These rates have been compiled
from a variety of sources, including County conducted studies. and are deemed
representative of land uses vithin Orange County. -TE/Xsf" 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 Ose TE/It&f TE,I).cre 'l'l!:/Other
INOOS'l'RIAL
Light Industrial/Industrial Park 13 176
Warehouse 5 62
RES IIlE:N'1'IAL
Single Pamily Detached 12 'l'E/Ilu
Single Pamily Detached-Estate 15TE/
Ilu Multiple Onit (Apartments, Condos) 7 TE/
Ilu Mobile Bcme 5TE/
Ilu Retirement Community 4 '1'E:/
Il1l
LODGING Botel 10TE/
ROClm Motel 9TE/
ROClm Resort Botel ('1'RC Ose) 300 18 TE/
ROOIll
RECREATIONAL Neighborhood Park
6 Regional Park
5 State Park
1 Marina 4 '1'E:/
Berth Beach 350 TE/1000'
Shore Golf Course
9 Campground 5 '1'E:/
Campsite Tennis Club 43 TE/
Court Raquetball Club 26 31 TE/C",,'
IINSTI'I'tl'l'
I~Elementary School 47 1.0 TE/
Student Junior Bigh School 60 0.9 TE/
Student High School 80 1.4 TE/S
tudent Junior College so 1.5 TE/
Student Church - Weekday 19 60
Church - Sunday 44 135 Library
42 310 42-
EXSIBI'l'
XIPage 2
of 2 LandU..TEtEsf
TE/Acre TE/Other MEDICAL Bospital
lIuning
BaDe
18 200
14 TE/Bed 3TE/
Bed OP'P'
ICl!:General Office
Medical Office
Reaearch Center
15 75
10
240
40
RETAIL
Discount
Store
65 Bardwsre!Bome
Improvement50 550 Shopping Center -
Regional 50 500 30 Acres)Sbopping
Center - Community
70 900 10-30 Acres)Shopping
Center - lIeighborhood
135 1250 10 Acres)Restaurant - Quality (
i.e.,
Velvet Turtle, 110 Hungry Tiger, etc.)Restaurant - High
Turnover (ie., Bob'
s, 350 DeMY'S, etc.)Restaurant - Fast Food (
Le., MacDonald'., 900
Carl'. Jr., etc.)Automobile Sales 400 Service
Station 750 '1'
E/Station Supermarket
125 Convenience Market (i.e., 7-
11, 550
Stop' Go, etc.)SERVICES lank - Walk
In lank - Drive
In
Savings and Loan - Walk
In Savings and Loan -
Drive In 180 195 65 75
Jl:1lS:c5esDT20-22 6/11/
85
43-