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HomeMy WebLinkAbout13 TUSTIN/S.A. TRANSP 01-16-01 ..,"'~ ~l~-&O NO. 13 AGENDA TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER REDEVELOPMENT AGENCY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETVVEEN THE CiTY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY SUMMARY An Amendment to a Joint Powers Agreement (JPA) between Santa Ana and Tustin is requested to ensure implementation of transportation and circulation mitigation for the MCAS-Tustin project within the City of Santa Ana and coordination on implementation of future area-wide transportation improvements. RECOMMENDATION It is recommended the City Council approve the attached amendment to the Joint Powers Agreement and authorize the City Attorney to make minor changes if needed prior to signature by the Mayor. FISCAL IMPACT The MCAS-Tustin project and developers of the site will be responsible for the specific mitigation costs required by the Amendment to the Joint Powers Agreement. City staff administrative support is expected to implement provisions of the Agreement. BACKGROUND AND DISCUSSION Based on actions taken by each respective City Council on November 6, 1989, the City of Tustin and City of Santa Ana entered into a Joint Powers Agreement (JPA) which created a Transportation System Improvement' Authority. The purpose of the agreement was for Santa Ana and Tustin to jointly de~)elop and maintain a program for transportation system improvements in certain Transportation System Improvement Program (TSIP) areas referred to as TSIP Area A and B, t° comprehensively identify all needed transportation system improvements and their priority in each TS IP area, to determine developer fees to finance said improvements, and to control the expenditure of appropriate development fee revenues for area-wide transportation improvements which benefit each respective TSIP area. Amendment To Joint Exercise Of Powers Agreement Between The City Of Santa Ana And The City Of Tustin Regarding The Tustin-Santa Ana Transportation System Improvement Authority January 16, 2001 Page 2 A Joint Final Environmental Impact Statement/Environmental Impact Report (the FEIS/FEIR) for the disposal and reuse of MCAS-Tustin (the "Project") has been completed and is recommended for adoption by the Tustin City Council on January 16, 2001. The FEIS/FEIR includes certain transportation and circulation mitigation measures that the project is required to fund in whole or in part that are within jurisdictional boundaries of Santa Ana. Mitigation Measure T/C-9 in the FEIS/FEIR requires that Tustin enter into an agreement with Santa Ana to establish a fair share funding mechanism to ensure that traffic improvements needed to mitigate impacts within Santa Ana are constructed. Mitigation Measure T/C-8 also allows alternative improvements that provide an equivalent level of mitigation to be identified if agreed to by each jurisdiction. While both parties have disagreed as to transportation and circulation measures included in the FEIS/FEIR, they are now desirous of resolving their dispute with an Amendment to the original JPA. Both Tustin and Santa Ana have agreed that certain improvements should be funded by TSIP area fees to be imposed upon non-residential development proposed at MCAS-Tustin and propose to memorialize in the Amendment to the JPA implementation of Mitigation Measures T/C-9 and T/C-8 in the FEIS/FEIR. While we have not received final approval from Santa Ana as of the time of writing of this report as to the acceptability or the final draft Amendment, we would recommend that the Tustin City Council approve the Amendment subject to minor changes being made by the City Attorney if needed prior to signature by the Mayor. Staff and the City Attorney will be prepared to discuss the potential litigation issues with the City Council in Closed Session. Christine Shingleton~