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HomeMy WebLinkAboutCC 3 FOOTHILL CORRIDOR 7-5-883ENOA CONSENT CALENDAR '~' -~" -- ' 7-5-88 Inter- Com DATE: JUNE 29, 1988 TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM' WILLIAJ~ A. HUSTON, CITY MANAGER SUBJECT: MEMBERSHIP OF THE CITY OF MISSION VIEJO IN THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR RECOMMENDATION' That the City Council approve Addendum No. I to the Corridor Agency Joint Exercise of Powers Agreement. BACKGROUND: The City of Tustin is a member of the Transportation Corridor Agency. The agreement creating the Agency provides that additional cities can join the Agency subject to the approval of the member agencies. The City of Mission Viejo has requested membership under the terms set forth in the Joint Powers Agreement. Corridor fees that had been collected by the County will now be collected by the. City of Mission Viejo. WAH'jh Attachment 5an Joaquin Hills Corridor Agency TRANSPORTATION CORRIDOR AGENCIES Chairman' Thomas F. Riley Supervisor, County of Orange Members: City of Costa Mesa Newport Beach San Clemente San Juan Capistrano Santa Ana County of Orange 3347 Michelson Drive, Suite 450 Irvine, California 92715 (714) 553-0867 John Meyer, Executive Director June 16, 1988 · ',- i,?$8 Foothill/Eastern Corridor Agency Chairmatt' Dan Young Mayor, City of Santa Ana Members: City o[ Anaheim San Juan Capistrano Irvine Santa Aha Orange Tustin San Clernente Yorba Linda County of Orange William Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 Re: Membership of the City of Mission Viejo in the Foothill/ Eastern Transportation Corridor Agency Dear Mrna' At the June 9th meetings, the Foothill/Eastern Transportation Corridor Agency Board of Directors voted unanimously to accept the membership application of the City of Mission Viejo, subject to execution of Addendum No. 1 to the Joint Exercise of Powers Agreement by the member agencies. Enclosed please find a copy of this addendum and we respectfully request that execution of same be expedited in order that we may finalize this transaction and properly install representatives of the new city at the July 14th board meeting. Thank you for agendizing this at your earliest convenience. Sincerely, Executive Director JM:kb Enclosure ADDENDUM NO. 1 TO JOINT Elqg. I{CISE OF POWERS AGKE~ CREATING T~rE. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY. WHEREAS, the County of Orange and the Cities of Anaheim, Irvine, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed a 3oint Exercise of Powers Agreement, as amended (the "Amended Agreement"), creating the Foothill/Eastern Transportation Corridor Agency (the "Agency"), which Amended Agreement became effective on October 9, 1986; and WHEREAS, by letter of May 4, 1988 to the Executive Director of the Agency, the City of Mission Viejo (the "City") has formally requested admission as a party to the Agency; and WHEREAS, the incorporation of the City b~came effective on March 31, 1988, and the city is now eligible to become a full voting party to the. Agency; and WHEREAS, 'the City has adopted Ordinance No. 88-1, adopting the Major Thoroughfare and Bridge Fee Program, a copy of which is attached hereto as Exhibit "A," in accordance with Section 4.1 of the Amended Agreement; and WHEREAS, the City has also adopted Resolution No. 88-32, establishing the areas of benefit and fees for such Major Thoroughfare and Bridge Fee Program, a copy of which is attached hereto as Exhibit "B," in accordance with Section 4.1 of the Amended Agreement; and WHEREAS, pursuant to Section 9.1 of the Amended Agreement, the Board of the Agency has determined that the City may become a party to the Agency upon the terms 'and conditions set forth in the existing Amended Agreement; and WHEREAS, Section 9.1 of the Amended Agreement further provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a party. NOW, THEREFORE, the existing parties to the Amended Agreement hereby agree to admit the City as a party to the Agency, with all of the rights, duties, privileges and obligations as set-forth in the Amended Agreement, as evidenced by the authorized execution below of this Addendum No. 1 to the Amended Agreement by the existing parties. BE IT FURTHER RESOLVED, that the City hereby agrees to be bound by the terms and conditions of the Amended Agreement, as evidenced by the authorized execution below of this Addendum No. 1 to the Amended Agreement by the City. ATTEST: Clerk of the Board of Supervisors By: Dated COUNTY OF ORANGE By: Cha i rman Board of Supervisors ATTEST: Clerk of City of Anaheim By: Dated ATTEST: Clerk of City of Irvine By: Dated CITY OF ANAHEIM By: Mayor CITY OF IRVINE By: Mayor -2- ATTEST: Clerk of City of Orange By: Dated ATTEST: Clerk of City of San Clemente By: Dated ATTEST: Clerk of City of San Juan Capistrano By: Dated ATTEST: Clerk of City of Santa Ana By: Dated CITY OF ORANGE By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor APPROVED AS TO 'FORM: By: City Attorney CITY OF SANTA ANA By: Mayor APPROVED AS TO FORM: By: City Attorney -3- ATTE S T: Clerk of City of Tustin By: Dated CITY OF TUSTIN By: Mayor ATTE S T: Clerk of City of Yorba Linda By: Dated CITY OF YORBA LINDA By: Mayor ATTE ST: Clerk of City of Mission Viej0 By: Dated CITY OF MISSION VIEJO By: Mayor 0612s 6/15/88 -4- ORDINANCE NO. 88-1 AN URGENCY ORDINANCE OF THE CITY OF MISSION VIEJO ADOPTING THE ORANGE COUNTY CODE 'A~D OTHER RELEVANT NON-CODIFIED . ORANGE COUNTY ORDINANCES AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS .. THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES oRDAIN AS FOLLOWS: · SECTION 1. Pursuant to the Provision's of Section 57376 of the Government Code 6f the State of California, all ordinances of the County of Orange, codified in the Orange County 'Code, and all other ordinances of' the County of Orange applicable thereto, are hereby adopted as ordinances of t.he City of Mission Viejo and shall remain in full force. and effect as City Ordinances for a period of'one hundred twenty (120) days from the effective date of this ordinance, 'or until the City Council enacts ordinances superseding them, whichever shall firs~ in time occur. ' SECTION 2. The following amendments are made to .the Orange County Code and ordinances referenced therein: -(a) Whenever ~Board of Supervisors" or "Board' is used in the Code or ordinances, it shall mean the Mission Viejo City Council. · .. (b) Whenever "Count~" is used in the Code or Trdinances, l~ 'shall mean the geographical imits of the City of Mission Vici0 unless a different geographical area is clearly indicated by the context. · (c) Whenever "County-, "County of Orange" or "unincorporated territory 9f the County of Orange" is used, it shall mean the City of Mission Viejo unless a different geographical area is clearly indicated by the~context. SgCTION 3. No City Ordinance enacted within one hundred twenty (120) days from .the effective date of this ordinance shall be deemed to supersede any County ordinance referenced herein unless 'the City ordinance specifically refers thereto and state's an intention to supersede it. EXHIBIT "A" SECTION 4. This Ordinance is required by the provisionS'of Section 57376 of.the Government Code of the 'State of California upon incorporation of a new city., This Ordinance is therefor~ necessary for the protection of the public health, welfare, and general safety and shall take effect immediately upon. its adoption.. PASSED AND'APPROVED this 31st day of .MarCh, 1988. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF MISSION VIEJO ) .., I, _ Wflli&m.O. Talle¥ _, City Clerk of the City of Mission~ Viejo, do hereby certify that the foregoing ' Ordinance No. 88-1 was duly adopted and passed at the First Meeting of the City Council on the 31st.day of March, ~988 by =he following vote, to wit: - ' AYES: NOES: COUNCILMEMBER$: CraTer&f:. Curtis, Jaffe, .Keena, Murray COUNCILMEMBERS: 0 ABSENT: COUNCILMEMBERS: '0 I hereby certify, under Be penalty. of perjury that the above and foregoing is a true and correct copy of Ordinance No.~ ...... as adopted IW the City Council of Mission Viejo' CaJlfornia on the ~ day of _r-~ _..._~__<_, 19_,~,..E_. " -- ' IVY J. ZOBEL, CiTY CLERK by:~ c~Ty CL~RK ~' '-,~-/<" -- -2- ORDINANCE NO. 3534 AN ORDINANCE OFTHE COUNTY OF ORANGE. CALIFORNIA, AMENDING SECTION 7-9-316 OF THE CODIFIED ORDINANCES OFTHE COUNTY OF OI:~ANGE RELATING TO MAJ 0P, THOROUGHFARES AND BRIDGE FEES The Board of SuperVisors of the County of Orange. California. does ordain aa follows: Sr.,eTlON 1. Section 7-~-31~ of the Codified Ordinances of the County ~o~ ts amended to ~ad o~ follows: ~ ~1~. Major thoroughfare and bridge fee. & &subdtvidev fee. as a condition of approval ora fmaI or parcel map. ~ a buildlns pratt applicnfll, as a rofldillufl of issuance of n building ~it. shall pay a ret u hereina~er eslabli~hcd to de~ay thc t',~t, of eonst~etmg brldgen over wate~ays, railways. ~eeways and runyonh, or c~s~etin[ major thoroughf~re~ b Definitions. I1~ ~e term "eonstructmn" ab u,cd in this section includes prelimin. l~ ~udml. desiln, acquisition of righl.of.w~)., ud~inistrition ufcun~truc. ~ contracts, and actual construction Q) ~e term "maJor thoroughfare" means those roads designated Ululation co~idors nnd major, prlma~.. ~econd~ry. el'corem,tar hi~h- wlys on the Ma~ter Plan o~ Arterial Eig~ oy~. Iht, Circul,(ion Element · e ~neral Plan. The primal' purpose or ~,ch roads is ~o c~ro' ~hrough traffic and provide a nelwork c,nnvc~g ~o and ilxcluding the ~te high- way ~) '*~d~e facilities" mean those loculions identified in the ~tlon or fln~ control prm'isions of the Cireulat,,~ Elcmen~ or other ele- men~ of the G~nera~ Plan as ~qui~ng a bridge to span o waterway, n ~i[~ly. ~eewmy. or canyon (4~ "A~ or~ne~t" mean, u ~peel~ed u~n wheru~n it has beun deter- mtn~ that the real pro~y located therein wil; bcne~t ~rom thc eon~lruc. ~on of ~ major thor~,ghCare or bridle c ~e provisions herein rot pny~cnt <~ fee ~hul~ app~. only irlhc major thorouihrare or bridge facility hu~ burn included in un element of the ~nernl Plan adopted by the Roard ~ Su~n'isors at ~u~ th:~¥ days p~or ~ ~e ~ling of a map or npplica(mn ~or a building permit end ~nd l~e~ within the boundaries or ~he urea of bene~t. d. Payment of re~ shall n~ be ~qui~d unle,s an~ m~Jor thorou~h- · ~s ~ in ndditinn to. or a widening or ret.,nslruction o~. any existing ~or ~o~ehfares ,~in~ the nrea al ~he lime o~ the ndoption of the ~u~arie~ or the area o~ e. P~y~nt or ~ees shall nn( be requirud unit, ss an~ planned bridle feel]l~ la an original bridle ,e~')n~ the area or an addition Io ,n existing b~ ~eility salter the area el the time ofthe adoption o~the boundnrie~ of ~e a~a of ~ne~. f. Aetton ~ estnbiish an arvn o~ne~l may be [nilia~ ed h}' ~he Bo,rd ~u~rl upnn its own mo(ion or upon the rs, commendation o~the Direc. ~r. ~vironmenta] Manelemecl A~nc)' ?he pn~p.s,l will be fo~'arded to · e ~nnl~ Commission For its review and recommendations at a regular. ~j~ed or special meeting. ~e Plann~l Commi~,mn'~ commenl~ end ~om~ndations and the Director. gnvir, nmen~al ~anagement ~ shall ~ transmitted Io the Bo~ or ~upen'isors. ~e Dental of Su~rs will set a public hearing tm' e~ch pro~ed arua ~enerl~t~ Roller of the time and piece nr~aid henrinL ine~udin~ prelimina~, inh~r. mntion related to the boundnrie~ nrthe area ,,rbene~e. estimated costs and ~ meth~ of rec appo~ionmenL shall ~ given b~ ~rs~ class ~,l~ ~ to each owner u shown ~n the I~st equalizud asses~menl roll oCproper. ~ ~ithin the proposed area or ~ne~t. ~ ill At the publle hearing ~he B.urd orSupe~]sors wll~ eon~ider the ~ny. ~it~n p~te,t~, end olher e¥~dence At the conclusion of the ~blic hearing the Rna~ or Superba,rs ma)'. unless a majority, written p~t~ is ~ied end nnt withdrawn a~ *~ct~ed in ,ec~ion ~. t3~. establish ~ or ~ne~t. If eetabl*shed, the B,ard o~ Supe~isnr~ ~hal] adopt ~eolulion deucribing the boundurie~ nr(he a~., o~n~l. )ul~]cK fo~h the ~et. whether netun[ or e,timated, end ~he me(had o~fe, appn~ionmen(. A ~iR~ ropy o~ueh re~olutinn ~hall be recurded w:th tho Coun(}- Re~or- der of the OranKe County. (2} Such eppo~ioned fees ~hnll be applicable to all property within the area orbene~t nad shall be payable ns a eoml~i~n o~approvsl nf~ ~1 map or as a condition or i~xuing ~ building permit ~or huch proper~y or po~i.n~ · e~f Whe~ the nrta o~bone~t includc~ ]nnd~ not ~ubjecl to th~ of fees pursuant to thi~ section, the Bon~ or Supe~'isors shall make provi. lions for plymeni o~ t~e share o~ improvemen~ cost appu~lon,d lands ~m other ~ Written prntest sh~i~ be r,c,ived by ~he Clurk orthe ~oard ~so~ at any time prior tn 1he close or~h~ pubhc he,ring If written protest~ are fll,d by the owners ormore ~han oeo-heifer the at~n of the prupe~y to ~ ~nefited bythe imprnvemeflt, and ~ufficWnt p~te~ are no~ w~(hdrawn ~ as ~ ~duce the n~a represented bi' Ihu prote~L~ to le~ (hoe one-half of th~ ~u ~ bene~t~, lhtn th~ D~pn~ed proceedings ~hall be doned, and the Boa~ otSupe~t~rs sha~l not. for one year trom th~. ~lin~ dC' - ~sd ~tten p~tesls, commence or car~ on any proceedings for the same imp~vement under the provi~ion~ ofthi~ ~ection. unless thy pro(eats ~er~led by an affirmative vote ,~ four-~hs of the Roa~ of Supe~'i~rs. Any protests may be w~thd rnwn by the vwner making the,amc, in writs nny time prior to the close of Ibc public merlin& t4~ If any majority protest i~ directed against only a ~flion o~ the implement, then all further p~cet, dings under the provi~iotl~ of Ihi, ~ctiofl tO construct that po~mn of the ~mprovemelfl so protusted againsl shall ~ barred for a perl~M oCune year. but ~he R~ul'd ,f~upc~'i~m'~ ~hall not ~ barred from commencing new proceedln~ not including uny pn~ uf ~e imp~vement so protested against guch proceedings ~hnll bu com- menc~ by a new notice and publ,c hearing as set Fo~h I~ subseclion ¢5) Nothing In this section shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new pro. cardings for the construction of an improvement, or peri Joe oFthe improve. ment~ so protested against If it finds, by the affirmative vote of four. fifth of Its memb~r~, that the owner~ of more thin one.half of the area of the properly to be benefited ire In Favor uflnlng fo~vard with such Improve- meal or portion thereof. h. Fees paid pursuant to this section shell be deposited in a planned bridge £aelllty or major thoroughfare f~nd. A fend shall be established for each planned bridge facility project or each planned major thoroughfare pro;jeet- If the area of benefit Js one In which more than one bridge or major thoroughfare ia required to be constructed, s separate £und may be estab- lished revering all o£the bridge projects or major thorou~h£ares in the area of benefit. Il'the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee f.or all bridges and thorou~fares, a single fund may be established to account for fees paid. Moneys in such fund shall be expanded solely for the construction or reimbursement £or eonatrvction of improvements servlnl the area to be benefited and h'om which the fees comprising the fund were collected, or to reimburse the County orOrange For the costs or constructing the ImprovemenL 1. The Board of Supervisors may approve the acceptance of considers. Lions in lieu of the payment of l'eoa established herein. J. The Board of gupervisor~ may approve the advancement of money from the General Fund or Road Fund to pry the rests or constructing the Improvements revered herein'and may reimburse the General l~und or Road l"'und for such advances from planned bridge facility or major thor- oulhfare funds established pursuant to this section k. If the subdivider es e rendition of approval of the subdivision or the building permit applicant as a condition of the issuance of the building permit, ts required or desires to construct a bridge or ms Jot thoroughfare. the Board of Supervisor~ may enter into a reimbursement agreement with the subdivider or building permit applicant Such agreement may prgvlde f.or ps.vacate to the subdivider or applicant f~om the bridge facility or major thoroughfare ~und revering that specife project to reimburse the subdivider or applicant for costs not allocated to the subdivider's property in the resolution establishing the area of benefit IF the bridge or ma~or thoroulhf.sr~ fund rovers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. gr.,eTlON ~. This Ordinance shell t~ke effect and be in full force thirty (~0i days iYom and after its passqe end, before the expiration o1' fifteen ( days aRer the passage thereof, shall be published once in the Saddlebaek Valley News. a newspaper published in the County of. Orenle, State of California, re, ether with the names of the members of the Board of Super. visors voting for or against the same. THOMAS F. RILEY Chairman of the Board of Supervisors of Orange County. California SIGNED AND CERTIFIED THAT A COPY OIf THIS DOCUMENT HAS B~EN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. ROBERTS ISEAL) Clerk of the Board of Supervisors County of' Orange, California STATE OF CALIFORNIA ) COUNTY Of' ORANGE I. I,INDA D. ROBERTS, Clerk of the Board of. Supervi'sors, do hereby t~rtify that at a regular meeting of the Board of Supelwisors of Orange County. California, held on the 20th da). of August. tg~. the Foregoi.ng ordinance eontelntng two (2) sections was passed and adopted by the Follow- iai vote: AYES: SUPERVISORS RALPH B. CLARK. HARRIETT M. WIEDER, ROGER R. STARTER. BRUCE NESTANDE AND THOMAS F. RILEY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE IN WITNESS WHEREOF. l have hereunto set my hand and iff~xed the official seal of. the Board ot' Supervisors of the County of Orange. SLate of Califomla. this 20th day of August. LINDA D ROBERTS (SKALI Clerk of the Board of' Supervisors Orange County. California STATE OF CALIFORNIA ) COUNTY OF ORANGE !, LINDA D. ROBERTS. Clerk of the Board of Supervisors. do hereby eerti~ that at a regutar meeting of the Board of Supervisors of Orange County. Callf.ornia, held on the loth day of September. i98~. the foregoing ordinance containing two {2) sections was passed and readopted by the foilowin[ vote: AYES:_ . SUPERVISORS THOMAS F RILEY. ROGER R. STARTER. F.,ARItlL'TT M. WIEDER. BRUCE NESTANDE AND RALPH B. CLARK Neff: SUPERVISORS NONE ABSENT: SUPERVISORS NONE IN WITNESS WHEREOF. ! have hereunto set my nena aaa at'flxed the official seal of the Board of Supervisors of the County of Orange. State of California. this 10th day of. September,19~5. (SEAL) LINDA D. ROBERTS Clerk of the Board of Supervisor~ of Oranie County, California Published: Saddleback Valley News ~eptember It, 1985 RESOLUTION N0. 88-'32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSION ¥IEJO ESTABLISHING THE AREAS OF BENEFIT, THE ESTIMATED COSTS, AND THE MAJOR THOROUGHFARE .AND BRIDGE F~E PROGRAMS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR WHEREAS, California Government Code Section 66484.3 authorizes the Board of Supervisors of the County of O~ange and the city counoils of cities wit~£n the County of Orange to require, by ozd£n&nce, the payment of a fee as a cond£- condition, of lssu£n~ t£on o~ approval of a final map or as · a bu£1d£n9 permit ~or the purposes o~ defraying the actual or es~imated cost o~ constructing bridges and/o= major ~horoughfares~ and NHEREAS, ~he Board of Supervisors o~ the County of Orange has adopted Ordinance No. 353~ , ~equ~rin9 payment of such fees~ and ~EREAS, a~ter duly nottced public hearings, the Boar'd of Supervisors'o~ ~he County o~ Orange established areas of benefi~ and a program fees~ and WHEREAS, the City of Mission viejo has, pursuant ~ovsrnmen~ Code Section 57375(a), adopted Orange'County Ordinance No. WHEREAS, in o~der to fully participate in the San Joaquin Hills T~ansportation Corridor Agency and the Footh£1[/Eastern Transpo~kat£on Cor~dor, ~ss~on Vie~o m~st establish areas of bene~£~, the eetinmked costs, and a pro9~am ~or the apportionment o! fees! NOW, THEREFORe, TRE CITY COUNCIL OF TH~ CITY OF ~ISSION V~EJO DOE9 RESOLVE~ DETEP~INE AND ORDER ~$ FO~O~S: SECTION 1. The boundaries of ~he areas o~ benefit shall be as described in ~he document dated July 1985 entitled "Ma~or Tho=ou9h£a~e and Bridge Fee Program fo= the San Joaqu~n Hills Transportation Corr£dor and ~he Foothill/Eastern Transportat£on Corridors" ("Program"} EXHIBIT "B" ~ttached hereto as Exhibit "A" and incorporated by reference herein. _ SECT~O~ 2. The estimated cost of these major thorou~h£a=es and brid~es are as ~ollows= San Joaquin Hills Transportation Corrido~ $345,213,000.00 $521,516,000.00 The Program is presently designed to collect 48,4% o~ the cost of construction of the San Joaguin Hills Transportation Corridor and 48.5% of the cost of construction of the Foothill/Eastern Transportation Corridors. SECTXON 3. The fees rs: developmen~ within the areas of benefit are based on the trip ends generated by the development aa determined from.the T~ip Generation Tables included in the ~ro~am and shall be assessed upon developmen~ based ~pon the number of dwelling units include~ in ~he development (for residential pro~ects) or the gross square footage o~ the development (for nonresidential pro~ects) as follows~ SAN JOAQUIN HILLS TRA}~SPORTATION CORRIDOR zon, e, A -.- Fe__e -- Sin~le-~amlly residential $1,319/unit Multi-unit residential Non-~eaidential Rounded Fee ___ $1,320/unit $ 768/unit $ 770/unit $1.77 sq.~t. $1.75/sq.~t. $,o,,ne ,:~ --i $in~le-~amilM residential $1,021/unit Multi-unit residential ~n-resi~ential Rounded $1,020/unit $ 596/unit $ $gS/unit $1.31 sq.~t. $1.30 -2- POOTH/LL/EASTERN TRANSPORTATION CO~ZDOI~ ~ound'ed Zo.e A Fee F_ee _ Single-family residential $1,308/unit $1,310/unit Multi-unit ~esidential $ 763/unit $ 760/unit Non-residential .~l.82/sq,~t, $1.60 sq.ft. Rounded Zone 8ingle-~amlly r~si~ential $ 930/unit $ 930/unit Mul~l-u~l~ cesi~ential Non-resi~ential ~1,06 s~.~t. $1.05/sg.ft. SECTION 4. An ~,,~ -~n ~he Construction Cost In~ex, eha~l be maa~ ~a~h made In lieu of the Annual Cos: Znaex A~Ju~:men: when neoess&rY · SECTION 5. The collection o~ the f~ee shall be a co~dition of issuance o~ & building permit lB described in the Prop=am. The payment of feee may be deferred ~or all residential ran=al pro~ects or projects whioh include State o~ Pe~eral requirements to provide units ~[fo~able to families with incomes less than 80% o~ ~he median income for those time periods and sub~ect to ~hose te~ms and conditions se~ ~orth in Section IX o~ the Prop:am. Fee credits shall corzi~ors as set forth in Section IX of the Program. SSCTION 6. Upon ~he effective date o~ execution oE ~he "_Joint Exercise o~ Powers Creating the San ~oaquin ~ills Transpoztation Corridor Aaencv" and the "Join~ Exercisa.?~ P~wer~_Aqr~eme~,,C=eating ~e F~othi11/Salte~n ~ransporta~lon corrlco~ A~ency ("Agreements"), the City shall remit all fees collected pursuant to the P~og~am ~o the Joint Powers Agencies created by said Agreements pursuant to the tezms and conditions said Agreements. After execution o~ said Agreements, any person aqq:ieved by a decision o~ the City regarding the amount of any corridor ~ee lm~sed o= fee c=edl~ granted may appeal ~he ~ecision o~ the City to the San Joaquin Hills T=ansporta~lon Corridor Agency o= the Foothill/Eastern T~anspor~ation Corridor.Agency, where appropriate, which decision shall be -3- SECTION '/. The City Cle:k sh&ll ce..i~y the a~option 'of this Resolution. PA~$ED, APPROVED AND ADOPTED this 2nd aay of Ma,~' ': r 1988. · duly.&dopte~ by the City council of the City of Mission ~e. ularly $¢hedul~ m~t!n~ thereoE, held on the Vi~jo at a ~ 1~4 day Of ~'., 1988, by the followin~ vote o~ the Council: ~ AYES: COUNCILMEMBER8 Czaycza~t, Cuztin, Ja~f,, Kaan&, Hu=ray NO~S; COUNCZI~'~BERS William 0. T&ll~F · , · .. · , ! . -4-