HomeMy WebLinkAboutNB 3 JT PWRS AGREEMENT 10-3-88DATE:
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TO:
FROM:
S UBJ ECT:
9/26/88
NEW BUSINESS
NO. 3
10-3-88'
Inter-Corn
HONORABLE NAYOR & NENBERS OF THE CITY COUNCIL
CITY ATTORNEY
PROPOSED ANENDNENT TO THE JOINT EXERCISE OF POWERS
AGREENENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY
We have reviewed the proposed .First Amended and Restated Joint
Exercise of Powers Agreement Creating the Foothill/Eastern
Transportation Corridor Agency.
This document primarily clarifies and cleans up certain of the
language that was contained in the original Joint Exercise of
Powers Agreement Creating the Foothill/Eastern Transportation
Corridor Agency. The only substantive changes are as follows:
I ·
1. Re'cital F (page 2) in the original Agreement provided as
follows:
"The parties hereto recognize that, in order to serve the
purposes stated herein, additional funding other than that
received from the above-described fees must be obtained.
Each party has agreed to cooperate in obtaining additional
finan, cing, including, but not limited to debt financing,
assessment district, special legislation, Arterial Highway
Financing, program funds and other forms of other
governmental grants-in-aid."
This amendment proposes to add "total revenue" to the above.
2. Recital I (page 3) of the original agreement is deleted.
This. paragraph of the original agreement stated:
"I. It is anticipated by the parties hereto that the public
agency created pursuant to this agreement shall terminate
upon the effective date of the inclusion of the
transportation facilities constructed pursuant to this
Agreement in the California State Highway System, as defined
and governed by Division 1 of the Streets & Highways Code."
Obviously it is contemplated that the Agenc~ will or may continue
in existence after the facilities or any of them may be included
in the California State Highway system.
Honorable Mayor & City Council
Page 2
0
that:
Section 2.2 b .(page 5) originally.¥prov.ided, inter alia,
"...The Agency shall not maintain or operate, or incur
liability for the maintenance or operation of the facilities
constructed pursuant to this Agreement."
The amendment would add before the foregoing words the following:
·
"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 standards for scenic highways set forth in Streets
& Highways Code Section 261,"
Section 2.3 f (page 5) originally provided as follows:
"To acquire, hold and dispose of property by eminent domain,
lease, lease purchase or sale:"
The amendment would add to the foregoing:
·
"any lawful means, including without limitation, gift,
put chase,"
Section 2.3 1 (page 6) has been added to provide as follows:
"To exercise those power authorized in Chapter 5 (commencing
with Section 3110) of Division 17 of the Streets & Highways
Code in accordance with Government Code Section 66484.3(f);
and"
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6. Section 3.2 a (ii) (page 7) has been amended inasmuch as the
County of Orange has become a member of the Agency.
7. Section 3.2 a (iii) (page 7) deletes the original provisions
that an ex officio Board Member representing the California
Department of Transportation and. an ex officio Member
representing the Orange County Transportation Commission would be
part of the Board of Directors.
8. Section 4.2 (pages 11 and 12) originally provided inter
alia:
"When the total amount of fees collected by the Agency
pursuant to this Article has exceeded fifty percent (50%) of
the estimated total cost of the projects to be constructed
pursuant to this Agreement, the Board, upon the approval of
not less than two-thirds (2/3) of its members, may
extinguish the obligations of the parties to remit said fees
to the Agency or, in the alternative, may restrict the
future obligations of the parties to remit said fees to the
Agency to an amount to be determined by the Board."
Honorable Mayor & City Council
Page 3
This provision is proposed to be eliminated.
9. Section 4.3 (page 12) originally provided, inter alia that:
"In addition, the Board, upon approval of not less than two-
thirds (2/3) of its Members, may assess each party of the
Agency an amount in excess of the amount of said fees
collected by that party in order to meet overhead and other
administrative expenses specified in the annual budget. For
the purposes of this Agreement the contribution of each
Party shall include the corridor fees imposed pursuant to
this Agreement, any excess amounts assessed to the Party by
the Board, and any voluntary contributions made to the
Agency by the Party. The contribution of each Party to the
Agency specified herein shall be due and payable sixty (60)
days after receipt of billing therefore (sic) from the
Agency."
This language is proposed to be deleted.
10. Section 4.4 (page 13) originally provided as follows:
"When it is within its power to do so, each party shall be
individually responsible for the acquisition 'by dedication
pursuant to Title 7, Division 2 of the Government Code of
rights-of-way and similar property interests within its
territory which are necessary to accomplish the purposes of
this Agreement. In the event that a party fails to acquire
these rights-of-way by the above-mentioned means after the
route alignments for the Foothill and Eastern Transportation
Corridors are established and accepted by the Agency, that
party shall compensate the Agency for all costs (including
attorneys' fees) incurred by the Agency in acquiring said
property interests."
It is proposed to add the words "preservation and" after the
words "When it is within its power to do so, each party shall be
individually responsible for the" and to add after "and accepted
by the Agency, the words "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,".
11. Section 6.6 (page 15) originally provided as follows:
"Grant funds received by the Agency from any Federal, state,
or local agency to pay for budgeted expenditures for which
the Agency received all 6r a portion of said funds from the
parties hereto shall be paid to said parties in proportion
to the contributions made by each Party."
It is proposed to delete this section in its entirety.
Honorable Mayor & City Council
Page 4
12. Section 7.1 (page 15) proposes to 'add in reference to
issuance of securities the following language:
"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."
II.
Regarding Exhibit A, the Executive Summary-of the Major
Thoroughfare and Bridge Fee Program for San Joaquin Hills and
Foothill/Eastern Transportation Corridors, which is proposed to
be amended as follows (we address only the substantive changes):
1. The second paragraph (page 1) proposes to add "and
additional, non-traditional sources, such as toll resources" (as
a source of funding).
2. The second paragraph (page 2) proposes to add that credit
for developers who construct portions of the corridors will
neither be adjusted with subsequent revisions of the fee program
nor will additional fees based upon such subsequent revisions be
required once a credit is memorialized, and the credit may be
transferred to subsequent owners of the property from which the
credits were generated.
III.
Regarding Exhibit A, Major Thoroughfare and Bridge Fee Program
for San Joaquin Hills and Foothill/Eastern Transportation
Corridors, which is proposed to be amended as follows (we address
only the substantive changes):
1. I, Backqround, third paragraph (page 4) proposes to
eliminate the provision that the program is "as an adjunct to the
Orange County Transportation Commission Transportation 'Finance
Study.
~2. II, Description of Corridor (page 5) proposes to eliminate
the provision that the corridors should eventually be
incorporated into the "freeway and expressway system" and instead
proposes that they should be incorporated into the "State Highway
System".
3. Regarding Section A (page 9) and Table IV-1 B (page 10), it
is proposed to amend the original estimated cost so as "to be
adjusted by the Agency in accordance with the California
Construction Cost Index".
Honorable Mayor & City Council
Page 5
4. Zone A (page 20): We .would have to ask Mr. Ledendecker
whether the amendment to the description of the boundaries of
Zone A is accurate and satisfactory to the City of Tustin.
5. XII, Annual Fee Adjustment (page 34) originally stated as
follows:
"It is intended that the fee programs to be submitted
annually to the Board of Supervisors and City Councils for
fees to be automatically adjusted based upon an updated
project cost estimates, substantial changes in general plan
land use elements, or other pertinent information may also
be cause for adjustment by the Board of Supervisors and City
Councils."
Is proposed to be amended to read as follows:
"It is intended that annually the fee programs be
automatically adjusted by the Agencies in accordance with
the California Construction Cost Index and further adjusted
by-the Agencies to reflect updated project cost estimates,
substantial changes in general plan land use elements, or
other pertine.nt information.
RECOMMENDATION
It is recommended that the City' Council approve the First
Amended and Restated Joint Exercise of Powers Agreement Creating
the Foothill/Eastern Transportation Corridor Agency and adopt the
following Minute Order:
"The City Council authorizes and directs the Mayor and City
Clerk to execute the First Amended and Restated Joint
Exercise of Powers Agreement Creating the Foothill/Eastern
Transportation Corridor Agency in substantially the form
presented to the Council, , with authority delegated to the
Board Member representing the City of Tustin to approve
provisions regarding any changes and authorizes and directs
the City Clerk to forthwith send a certified copy of this
Minute Order to the Executive Director of the Transportation
ange alifornia"
Corridor Agencies of Or ~_ ~ ·
JA~S GJ ROURKE
· City Attorney
JGR:se :D: 9/23/88 (1140)
cc: WH
RL
CS
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL HILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY.
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TABLE OF CONTENTS
RECITALS .......................
I ·
DEFINITIONS .................
II.
PURPOSE AND POWERS .............
2.1 Agency Created ...... " · · · ·
2.2 Purpose of the Agreement; Common Powers
to be Exercised ............
2.3 Powers .................
III.
ORGANIZATION ................
3.1 Membership ...............
3.2 Board- ....... 7
3.3 Principal O~fic~ . i ..........
3.4 Meetings ................
3.5 quorum ............
3.6 Powers ~nd Li~i~a~ions ~hereon .....
3.7 Minutes ................
3.8 Rules .................
3.9 Vote or Assent of Parties .......
3.10 Officers .' ................
3.11 Committees ..... ~ ..... , · · ·
3.12 Additional Officers a d Empl0yees . . ·
3.13 Bonding Requirement .........
3.14 Status of Officers an~ Employees .....
IV.
V·
FEES ....
4.1 im~o;i%ion oi ~a~or ~h;rou~hfalrle
and Bridge Construction Fee
by Members ..............
4.2 Annual Review o~ Fees .........
4 3 Payment . . · · ......
4.4 Compensation ~f A~e~c~ ~o~
Acquisition of Rights-of-Way ......
RELATIONS WITH OTHER MAJOR THOROUGH]FARE
AND BRIDGE FEE AGENCIES ........
5.1 Joint Action with Other A~e~c~es ....
5.2 Communications Between Corridor
Agencies ..........
5.3 Lending and B~rro~i~§ o~ ~u~ds
Between Agencies ............
l~a~e
8
8
8
8
9
9
9
9
10
10
10
10
11
11
11
12
13
13
13
13
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VI.
VII.
VIII.
IX.
Xe
XI.
BUDGETS AND DISBURSEMENTS ..........
6.1 Annual Bud§et .............
6.2 Disbursements .............
6.3 Accounts ..............
6.4 Expenditures ~i~hin Approved-
-Annual Bud§et ..........
6.5 Audit ........ li .........
· . · · · · · I ·
SECURITIES ................-
7 '1 Securities ...............
LIABILITIES ................
8.1 Liabilities. · ........
8.2 Hold Harmless a~d I~d~m~ify ......
ADMISSION AND WITHDRAWAL OF PARTIES .....
9.1 Admission of New Parties ........
9.2 Withdrawal ...............
TERMINATION AND DISPOSITION OF ASSETS ....
10.1 Termination ...........
10.2 Distribution of Property ind ~u~ds . · ·
MISCELLANEOUS ................
11.1 Amendments ...............
11.2 Notice ..............
..............
11.4 Arbitration- - - ............
11 5 Partial Invalidity ...........
11.6 Successors ...............
11.? Assignment ...............
11.8 Execution ...............
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13
14
14
14
15
15
15
15
15
16
16
16
17
17
18
18
18
18
19
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20
20
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20
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~ARST AlTErED AND RESTATE~
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
THIS FIRST AMENDED AND RESTATED AGREEMENT iS made
and entered into, pursuant to Sections 11.1 and 11.3, by
and amon§ the followin§ public agencies as of the
day of , 198 , the date on which eight or
more of the following public a§encies executed this First
Amended and Restated Joint Exercise of Powers Agreement
Creating the San Joaquin Hills Transportation Corridor
Agency:
(a) County of Orange
(b) City of Anaheim
(c) City of Irvine
(d) City of Mission Viejo
(e) City of Orange
(f) City of San Clemente
(g) City of San Juan Capistrano
(h) City of Santa Aha
(i) City of Tustin
City of Yorba Linda
A. The California State Legislature adopted Chapter
708, Statutes 1984, addin§ Section 66484.3 to the
Government Code authorizing the County of Orange and any
city within the County of 0ran§e to require by ordinance
the payment of a fee as a condition of approval of a final
map or as a condition of issuin§ a building permit, for
the purpose of defrayin§ the actual or estimated cost of
constructing bridges over waterways, railways, freeways,
and canyons and constructing major thoroughfares.
B. The Parties to this Agreement have territorial
jurisdiction within the Area of Benefit of the 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 plannin§, financing and
construction. -
C. It has been determined by the Parties hereto that it
is in the best interests of the respective Parties to join
together to administer the funds provided by these fee
programs, and to plan, acquire and construct said thoroughfares
and bridges.
D. Each of the Parties is authorized to contract with
each other for the joint exercise of any common power under
Article 1, Chapter 5, Division 7, Title 1 of the Government
Code of the State of California.
E. The Parties hereto recognize that, in order to serve
the purposes stated herein, the imposition of fees in excess of
the above-described fees should not be required or recommended
as a condition to any annexation, incorporation or other
reorganization involving territory claimed or controlled by the
Parties hereto.
F. The Parties hereto recognize that, in order to serve
the purpose stated herein, additional funding other than that
received from the above-described fees must be obtained. Each
Party has agreed to cooperate in obtaining additional
financing, including, but not limited to, debt financin§,
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.
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NOW, THEREFORE, in consideration of the mutual
promises and covenants herein contained, the Parties hereto
a§ree as follows'
I ·
DEFINITIONS
For the purposes of this A§reement, the followin§
words shall have the followin§ meanin§s:
a. ,,A§reement" means this First Amended and Restated
Joint Exercise of Powers A§reement, as amended from time to
time.
b. "A§ency" means the FOOTHILL and EASTERN
TRANSPORTATION CORRIDOR AGENCY·
c. "Annual Budget" means the approved budget
applicable to the expenses of administration of the Agency.
d. "Board Members" means those persons serving as
members of the Board or their alternates·
e. "Board" means the governing body of the Agency.
f. "Ex Officio Member" means Board Member who do not
have a vote in Agency matters and whose presence shall not
be counted in determinin§ whether a quorum sufficient to
transact Agency business exists.
g. ,,Executive Director" means the chief operatin§
employee selected by the Board to manage the day-to-day
activities of the Agency, includin§, 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.
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h. "Fiscal Year" means July 1st to and including the
following June 30th.
i. "Party" means each of the public entities which
becomes a signatory to this Agreement, accepting the rights
and obligations of the Agency hereunder, including any
public entity executing an amendment of the original
agreement as hereinafter provided.
j. "Quarter" means July 1st to and including
September 30th, October 1st to and including December 31st,
January 1st to and including March 31 and April 1st to and
including June 30th.
II.
PURPOSE AND POWERS
2.1 Agency Created
There is hereby created a public entity to be known as
the "FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY." The
Agency is formed by this Agreement pursuant to the provision of
Article 1, Chapter 5, Division 7, of Title 1 of the Government
Code of the State of California. The Agency shall be a public
entity separate from the parties hereto.
2 '2 Purpose of the Agreement. Common Powers to be
Exercised.
Each Party has the common power to plan for, acquire,
construct, maintain, repair, manage, operate, and-control
facilities for one or more of the following purposes:
a. The financing of and the imposing of fees for the
planning and construction of major thoroughfares and
bridges;
b. The power to plan for, acquire, and construct
environmentally-sensitive thoroughfares and bridges to
conform to the technical standards of the California
Department of Transportation (CALTRANS) and the Federal
Highway Administration (FHWA).
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
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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 standards for scenic highways set
forth in Streets and Mighways Code Section 261, the Agency
shall not maintain or operate, or incur liability for the
maintenance or operation of the facilities constructed pursuant
to this Agreement.
Board plannin~ 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 wRo_w_e~
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 studyin§ 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;
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g. To incur debts, liabilities, or obligations
subject to limitations herein set forth;
h. To receive g. ifts, 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 Mighways Code in accordance with Government
Code Section 66484.3(f); and
m. To the extent not herein specifically provided
for, to exercise any powers in the manner and according to
the methods provided under applicable laws.
III.
ORGANIZATION
3.1 Membershiv.
--
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.
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3.2 Doard.
a', 'The Board shall consist of the foil.owing'
(i) one voting Board Member app~inte~ by the-
'legislative body of each of-the 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 and Yorba 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
O~ange, an alternate Board Member must also be a current
member of the legislative body of the Party. such alternate
represents. An alternate Board Member shall assume all
rights and duties of the absent Board Member.
d. Each Board Member and alternate shall hold office
from the first meeting of the Board after appointment by
the city council or Board of Supervisors until a successor
is named. Board Members and alternates shall be appointed
by and serve at the pleasure of their appointing body and
may be removed at any time, with or without cause, at the
sole discretion of the legislative body of the Party such
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Board Member represents subject, however, to the provisions
of Sect ion 3.2 a. (i i ).
e. A Board Member shall receive only such
compensation from the Agency for his/her services as may' be
approved by not less than two-thirds (2/3) of the Board
Members.
f. A Board Member may be reimbursed for expenses
incurred by such Board Member in the conduct of the
business of the Agency.
3.3 Principal Office.
--
The principal office of the Agency shall be
established by the Board and shall be located within the County
of Orange. The Board is hereby granted full power and
authority to change said principal office from one location to
another in the County of Orange. Any change shall be noted by
the secretary of the Board under this Agreement but shall not
be considered an amendment to this Agreement.
The Board shall meet at the principal office of the
Agency or at such other.place as may be designed by the Board.
The time and place of regular meetings of the Board shall be
'determined by resolution adopted by the Board;'a copy of such
resolution shall be furnished to each Party . Regular,
adjourned, and special meet%n~s shall be called and conducted
in accordance with the provisions of the Ralph M. Brown Act,
Government. Code Section 54950 et. seq., as amended.
Not less than two-thirds (2/3) of the Board Members
shall constitute a quorum for the purposes of the transaction
of business relating to the Agency.
3.6 Powers and Limitations Thereon.
Ail 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
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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 such special meetings
of the Board, and shall cause a copy of such minutes to be
forwarded'to each Member and to each Party.
3.8 Rules.
The Board may adopt from time to time rules and
regulations for the conduct of its affairs consistent with this
Agreement.
3.9 VOte of Assent of Parties.
The vote, assent, or approval of Parties in any matter
requiring such vote, assent or approval hereunder shall be
evidenced by a certified copy of the.action of the governing
body of such Party filed with the Agency. It shall be the
responsibility of the Executive Director to obtain certified
cop~es of said actions.
3.10 Officers.
There shall be selected by the Board from its
membership, a.chairman and a vice chairman. The Board shall
appoint a secretary who may be a Member. The Board shall
appoint an officer or employee of the Board or an officer or
employee of a Party to hold the offices of treasurer and
auditor for the Agency. Such offices may be held by separate
officers or employees or may be combined and held by one such
officer or employee, as provided by the Board. Such person or
persons shall possess the powers and the duties of, and shall
perform the treasurer and auditor functions for the Agency and
those functions required by Government Code Sections 6505,
6505.5, and 6505.6, including any subsequent amendments thereto.
The chairman, vice chairman, secretary, treasurer and
auditor shall hold office for a period of one year commencing
July 1st of each year. Except for the Executive
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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 the purposes set forth herein. Any
meeting of such a committee shall be deemed to be a meeting of
the Agency for compensation purposes only and all such
meetings shall be open to all Board Members, unless the
presence of Board Members who are not members of such committee
would violate the provisions of the Ralph M. Brown Act,
Government Code Section 54950 et seq., as amended.
3.12 Additional Officers.
The Board shall have the power, upon the approval of
not less than two-thirds (2/3) of the Board Members, to
appoint such additional officers as may be appropriate. Such
officers may also be, but are not required to be, officers and
employees of a Party.
3.13 Bondinz 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 b~ 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.
3.1~ Status of Officers and Employees.
Ail 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
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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.
4.1 Imposition of Major Thoroughfare and Bridge
Construction Fee by Parties.
On or before the effective date of this Agreement (or,
in the case of a new Party, on or before the date on which that
Party becomes signatary to this Agreement), each Party shall
require by ordinance the payment of a fee as a condition of
issuance of a building permit within the Area of Benefit, for
the purposes of defraying the actual or estimated cost of
constructing major thoroughfares and bridges, in accordance
with California Government Code Section 66484.3. Said fee
shall be in the form, and in those amounts set forth in the
"Major Thoroughfare and Bridge Fee Program For the San 3oaquin
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.
4.2 Annual Review of Tees.
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 A§ency, subject to the conditions specified in
Section 9.2 below.
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Each Party agreed.to pay said fees to the Agency in
quarterly payments, within sixty (60) days after the end of
each quarter.
The Board may authorize an audit of any Party to
determine whether said payments of fees accurately reflect
each Party's obligations under this Agreement. Unpaid fees
shall bear interest at a rate to be determined by the Board.
In the event that any Party fails to remit said fees to the
Agency, said failure may be deemed by the Board to be a
withdrawal of that Party from the Agency subject to the
conditions specified in Section 9.2 hereof.
In the event that any dispute arises as to the amount
of fees assessed any person under the fee program, any
aggrieved per.son may appeal the decision of a Party hereto
regarding the appropriate amount of the assessment to the
Agency, in accordance with the rules and regulations
established by the Agency, which decision shall be final. In
the event that any Party hereto becomes a Party to litigation
regarding the legality of the fee program, the Board, where it
deems -appropriate, may defend such action or lend other
assistance to said PartY in said action.
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4.4 Compensation of Agency for Acquisition of
Rights-of-Way.
When it is within its power to do 80, each Party shall
be individually responsible for the preservation and
acquisition by dedication pursuant to Title 7, Divisions 1. and
2. of the Government Code of rights-of-way and similar property
interests within its territory which are necessary to
accomplish the purposes of this Agreement.. In the event that a
Party fails to acquire these rights-of-way by the
above-mentioned means after the route alignments for the
Foothill and Eastern Transportation 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 THOROUGHF~
AND BRIDGE FEE AGENCIES
5.1 Joint Action with Other Agencies.
In the event that other major thoroughfare and bridge
fee agencies are formed for the purpose of planning,
coordinating, acquiring, financing, constructing, maintaining,
repairing, managing, operating and controlling major
thoroughfares and bridges in the San Joaquin Hill,
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 Co~mmunications Between Corridor Agencies.
In the event that the agencies described in Section
5.1 above are formed, the chairman or his designate shall meet
with the chairmen, or their designates, of said agencies at
least quarterly, for the purpose of coordinating the planning,
financing and construction activities of the various agencies.
5.3 Lending and Borrowing of Funds Between Agencies.
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When it is found to be beneficial to the purposes of
the A~ency and otherwise permitted by law, and serves the
§eneral purpose of improvin§ transportation facilities in
Oran§e County, the Board is authorized to lend and borrow
available'funds and services to or from the a§encies 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 Bud_ret.
The Board shall adopt upon the approval of not less
than two thirds (2/3) of the Board Members, an annual budget,
for the ensuin§ 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 durin§ the
term of this A§reement shall be accounted for in accordance
with generally accepted accounting principles applicable to
§overnmental entities. There shall be strict accountability of
all funds. Ail revenues and expenditures shall be reported to
the Board.
6.4 _Expenditures Within Approved Annual Bud_ret.
All expenditures within the designations and
limitations of the approved annual budget shall be made upon
the approval of the Executive Director in accordance with the
rules, policies and procedures adopted by the Board.
Notwithstandin§ the
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above, no expenditures shall be made for the purpose of the
acquisition' of ri§hfs-of-way or similar property interests
except upon the approval of not less than two thirds (2/3) of
the Board Members. No expenditures in excess of those
budgeted shall be made without the approval of not less than
two thirds (2/3) of the Board Members to a revised and amended
budget which may, from time to time, be submitted to the Board.
6.5 Audit' -
·
The records and accounts of the Agency shall be
audited annually by an independent certified public accountant
and copies of such audit report shall be filed with the County
Auditor, State Controller and each Party no later than fifteen
(15) days after receipt of said audit by the Board.
VII.
SECURITIES
7.1 Securities.
Upon the approval of the Board, the Parties, or the
Agency, may participate in any statutory power for the
issuance of securities to finance the fees authorized by
Government Code Section 66484.3, including the power to
establish one or more community facilities districts under the
Mello-Koos Community Facilities District Act of 1982,
Government Code Section 53311, et seq., or any other applicable
legislation. Other than the fees specified herein, no funds of
a Party shall be utilized as security or as a source for the
payment or redemption of any securities of the Agency without
the consent of the legislative body of that Party.
Upon the approval of not less than two-thirds (2/3) of
the Board Members, the Agency may participate in the
above-mentioned statutory powers for bond financing of the
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fees specified herein; provided, however, that the fees
collected by any Party may be excluded as security for or as a
source for such financing if the Board, upon the approval of'
not less than two-thirds (2/3) of its Members, so provides.
VIII.
LIABILITIES
8.1 Liabilities.
The debts, liabilities, and obligations of the Agency
shall be the debts, liabilities, or obligations of the Agency
alone and not of the Parties ,. unless expressly specified
herein.
8.2 Hold Harmless and Indemnity.
Each Party hereto agrees to indemnify and hold the
Agency and the other Parties harmless from any liability for
damages, actual or alleged, to persons or property arising out
of or resulting from negligent acts or omissions of the
indemnifying Party or its employees. Where the Agency, the
Board itself or its Members agents or employees are held liable
for injuries to persons or property, each Party's liability for
contribution or indemnity for such injuries shall be based
proportionately upon the' fees and assessments of each Party.
In the event of liability imposed upon any of the Parties or
upon the Board created by this Agreement, for inSury 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.
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IX.
ADMISSION AND WIT_~_DRAWAL OF PARTIES
9.1 Administration of New Parties.
It is reco§nized that public entities, other than the
ori§inal Parties, may wish to participate in the A§ency.
Additional public entities may become Parties to the A§ency
upon such terms and conditions, includin§, 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 A§reement, executed by all of the
Parties, includin§ the additional Party.
9.2 W~thdrawal.
It is fully anticipated that each Party hereto shall
participate in the A§ency 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 §iven one hundred
and twenty (120) days prior to the end of a fiscal year; (ii)
the fee pro§ram established by the Party pursuant to this
A§reement, shall remain-in effect for a period of at least four
· (4) years after the adoption and for any additional period of
time in which the A§ency has theretofore made a financial
commitment secured by the receipt of such fees, includin§ by
way of illustration, but not limitation, bonds which have been
issued or authorized for issuance by the A§ency, and letters of
credit or other reimbursement obli§ations owed to financial
institutions which have secured such bonds or other parties
advancin§ funds to the A§ency; (iii) said withdrawal shall not
relieve the Party of its proportionate share of any debts or
other liabilities incurred by the A§ency prior to the effective
date of the Party's withdrawal, nor any liabilities imposed
upon or incurred by the Party pursuant to this A§reement prior
to the effective date of the Party's withdrawal; and (iv) said
withdrawal shall result in the forfeiture of that Party's
ri§hts and claims relating to distribution of property and
funds upon termination of the Agency, as set forth in Section
10.2 below.
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X ,
TERMINATION AND DISPOSITION OF ASSETS
10.1 Termination.
The Agency shall continue to exercise the joint powers
herein until the termination of this Agreement and any
extension thereof as provided in this Section 10.1 or until the
Parties shall have mutually rescinded this Agreement; provided
, however, that the Agency shall continue to exist fo~ the
purposes of' disposing of all claims, payment of debt service
with respect to bonds which have been issued or which have been
authorized for issuance and satisfaction of other covenants
contained in the resolution and trust indenture relating to
said bonds, reimbursement owed to financial institutions which
have secured such bonds or other parties advancing funds to the
Agency and satisfaction of other covenants contained in
reimbursement agreements with such financial institutions,
establishment and collection of tolls and development fees, the
maintenance of toll collection facilities and the facility in
accordance with the California Department of Transportation,
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. However, no such termination
shall occur until all reimbursement obligations owed to
financial institutions securing bonds have been paid and all
other financial and contractual obligations of the Agency have
been satisfied.
10.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any
property interest remaining in the Agency following the
discharge of all obligations shall be disposed of as the Board
shall determine with the objective of returning to each Party
or former Party a proportionate share of the contributions
made to such properties by such Parties, less previous
distributions , if any, provided however that
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said funds also shall be expended to construct major arterial
transportation facilities which accomplish the purposes of the
San Joaquin Hills Transportation Corridor, to the extent
legally possible.
In the event of the termination of this Agreement, any
funds remaining' following the discharge of all obligations
shall be disposed of by returning to each Party (excluding
withdrawn Parties as provided in Section -9.2 hereof) a
proportionate share of such funds equal to the percentage of
the contribution made by each Party, less each Party's
proportionate share of previous distributions , if any,
provided that said funds shall be expended to construct major
arterial transportation facilities which accomplish the
purposes of the San Joaquin Hills Transportation Corridor, to
the extent legally possible.
XI.
MI SCELLANEOUS
11.1 Amendment
This Agreement may be amended with the apPr'oval of not
less than three-fourths (3/4) of all Parties; provided,
however, that no amendment may be made which would adversely
affect the interests of the owners of bonds, letters of credit
or other financial obligations of the Agency.
11.2 Notice.
Any notice or instrument required to be given or
delivered by depositing the same in any United States Post
Office, registered or certified, postage prepaid, addressed to
the Parties, shall be deemed to have been received by the Party
to whom the same is addressed at the expiration of seventy-two
(72) hours after deposit of the same in the United States Post
Office for transmission by registered or certified mail as
aforesaid.
11.3 Effective Date.
This Agreement shall be effective at such time as
this Agreement has been executed by any eight or more of the
Parties enumerated in the introduction of this Agreement.
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11.4 Arbitration.
Any controversy or claim between any two or more
Parties , or between any such Party or Parties and the AgenCy,
in respect to the Agency's operations, or to any claims,
disputes, demands, differences, controversies, or
misunderstandings arising under, out of, or in relation to this
Agreement, shall be submitted to and determined by
arbitration. To the extent not inconsistent herewith, the
rules of the American Arbitration Association shall apply. The
Party desiring to 'initiate arbitration shall give notice of its
intention to arbitrate to every other Party and the Agency.
Such notice shall designate as "respondents" such other Parties
as the initiating Party intends to have bound by any award made
therein. Any Party not so designated but which desires to join
in the arbitration may, within ten (10) days of service upon it
of such notice, file a response indicating its intention to
join in and to be bound by the results of the arbitration, and
further designating any other Parties it wishes to name as a
respondent. Within twenty (20) days of the service of the
initial demand for arbitration, the American Arbitration
Association hereinafter referred to as "AAA" shall submit
simultaneously to the initiating and to all Parties named as
respondents or filing a response therein, an identical list of
names and persons chosen from the AAA National Panel of
Arbitrators which persons shall be, to the extent possible,
persons first in the field of transportation as well as public
· law. Each Party to the dispute shall have seven (7) days from
the mailing date in which to cross off any names indicating
the order of his or her preference, and return the list to the
AAA. If a Party does not return the list within such time
period , all persons named therein shall be deemed acceptable.
From among the persons who have been approved on both lists, in
accordance with the designated order of mutual preference, the
AAA shall invite the acceptance of an arbitrator to serve. If
the Parties fail to agree upon one of the persons named, the
acceptable arbitrator is unable to act, or if for any other
reason the appointment cannot be made from the submitted list,
the AAA shall have the power to make the appointment of the
arbitrator from other members of the panel without the
submission of any additional list.
The arbitrator shall proceed to arbitrate the matter
in accordance with the provisions of Title 9 of Part 3 of the
Code of Civil Procedure.
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11.5 Partial Invalidity.
If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to
any extent be adjudged invalid, unenforceable, void or voidable-
for any reason whatsoever by a court of competent jurisdiction,
each and all of` the remaining terms, provisions, sections,
promises, covenants and conditions of this Agreement shall not
be effected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
11.6 Successors.
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the Parties hereto.
11.7 Assignment.
The Parties shall not assign any rights or
obligations under this Agreement without written consent of all
other Parties.
11.8 Execut ion.
The Board of Supervisors of the County of Orange and
the city councils of the cities enumerated .herein have each
authorized execution of' this Agreement, as evidenced by the
authorized signatures below, respectively.
ATTEST'
COUNTY OF ORANGE
Clerk of the Board of
Supervisors
By~
Cha i rman
Board of Supervisors
By.
Dated
APPROVED AS TO FORM'
County Counsel
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ATTEST:
City Clerk
City Of Costa Mesa
By
APPROVED AS TO FORM:
City Attorney
CITY OF ANAHEIM
By
Mayor
Dated
ATTEST:
City Clerk
City of Irvine
By
APPROVED AS TO FORM:
CITY OF IRVINE
By
Mayor
Dated
City Attorney
ATTE S T:
City Clerk
City of Mission Viejo
By
APPROVED AS TO FORM:
CITY OF MISSION VIEJ0
By
Mayor
Dated
City Attorney
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ATTE S T:
City Clerk
C.ity of Newpo-rt Beach.
By
APPROVED AS TO FORM'
CITY OF ORANGE
Mayor
Dated
City Attorney
ATTEST'
City Clerk
City of Santa Aha
By
APPROVED AS TO FORM'
CITY OF SANTA ANA
By
Mayor
Dated
City Attorney
ATTEST:
City Clerk
City of San Clemente
By
APPROVED AS TO FORM'
CITY OF SAN CLEMENTE
By"
Mayor
Dated
City Attorney
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ATTEST:
City Clerk
City of San Juan Capistrano
By~
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRAN0
By¸
Mayor
Dated
City Attorney
ATTEST:
City Clerk
City of Santa Aha
By
APPROVED AS TO FORM:
CITY OF TUSTIN
By
Mayor
Dated
City Attorney
ATTEST: '
·
City Clerk
City of Santa Aha
By
APPROVED AS TO FORM:
CITY OF YORBA LINDA
By
Mayor
Dated
City Attorney
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MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Prepared by
Environmental Mana§ement A§ency
Transportation/Flood Control Pro§ram Office
July 1985
(Revised September 1988)
Exhibit "A"
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
TABLE OF CONTENTS
Executive Summary
Back§round'
Description of Corridor
Corridor'Plannin§-
Estimated Costs
Overall Financin§
Area of Benefit
Description of Area of Benefit (AOB)
Fees
Deferral of Fees
Criteria for Collection of Fees
Development Exactions & Credits
-Annual Fee Adjustment
City Participation in Fee Pro§ram
PAGE
1
10
12
14
21
3O
30
31
34
35
-i-
LIST OF EXHIBITS
EXHIBIT NO.
II
III
IV
V
VI
VII
VIII
IX
X
XI
Area of Benefit Index Map with City
Boundaries
Resolution 82-598, Transportation Corridor Development Policy
Area of Influence for Corridor Users,
San Joaquin Hills Transportation Corridor
Area of Influence for Corridor Users,
Foothill/Eastern Transportation Corridors
Area of Benefit, San Joaquin Hills
Transportation Corridor
Area of Benefit, Foothill/Eastern
Transportation Corridors
Fee Pro§ram Share of Total Corridor Cost, SJHTC
Fee Program Share of Total Corridor Cost, F/ETC
Cost Per Trip End Analysis, SJHTC
Cost Per Trip End Analysis, F/ETC
Daily Vehicle Trip Generation Rates
PAGE
36
37-39
40
41
42
43
44-45
46-47
48
49
50-51
-ii-
LIST OF TABLES
TABLE NO.
IV-1
IV-2
VII-1
VII-2
VIII-1
VIII-2
VIII-3
VIII-4
TITLE
San Joaquin Hills Transportation Corridor Co'st
Foothill/Eastern Transportation Corrido. r Cost
San Joaquin Hills AOB by Local Jurisdiction
Foothill/Eastern AOB by Local Jurisdiction
Fee Program Share of Corridor Cost
Adjusted AOB Trip Ends
Fee Program Share by Land Use Category
Area of Benefit Fees
PAGE
10
10
15
19
23
25
27
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MA JO, ~0ROUGHFARE AND BRIDGE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
Executive Summary
It can no longer be expected that facilities such as the San
Joaquin Hills Transportation Corridor (SJHTC) AND
Foothill/Eastern Transportation Corridors (F/ETC) can be fully
funded from the traditional revenue sources used to construct
southern California existing freeway network. Supplemental
funding sources must therefore be developed if these important
components of Orange County's transportation system are to be
developed to provide relief to existing congested facilities
and support orderly development within cities and
unincorporated areas. Development fees represent a potential
supplemental funding source.
The development fee program is based upon Government Code
Sections 50029, 66484.3 and California Constitution Article II,
Section 7. The concept is furthermore based on the general
principle that future development within prescribed benefit
areas will benefit from the construction of the transportation
facilities and should pay for them in proportion to projected
corridor traffic demand attributable to the development.
Future development within the benefit areas is expected to
account for 48% of the cost of the SJHTC and F/ETC. The
remaining cost of the corridors, representing benefits derived
by existing development within the benefit areas and corridor
users outside the benefit areas, is proposed to be funded
through traditional transportation funding sources such as
existing federal and state programs, and additional,
non-traditional sources, such as toll resources. No assessment
of existing developed property is proposed.
Corridor usage projections for several hundred traffic analysis
zones within the County were developed as a tool to assist in
defining the proposed benefit areas. Traffic analysis zones
with 4% or more of their total trip making utilizing the
corridor formed a fairly dense pattern. Identifiable physical
features closely approximating the pattern were used to
describe the boundaries of the benefit areas. Two fee zones
within each Area of Benefit were established based upon direct
use of the corridors. Traffic analysis zones with 8~ 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 fe~_ on a traffic related ba~ ~ 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
'¥'zon~. Adjustments were made to trip ends between nei§hborhood
..commercial and residehtial land uses to reflect the relative
benefit of neighborhood commercial development to residences.
Land uses were combined into three general land use categories
(2 residential and 1 non-residential) for the purposes of
applying fees to development projects.
Presently, as of September 14, 1988, fees for each of the fee
zones within the areas of benefit are'
SJHTC
Single Family Multi-Unit
Residential Residential
N6n-Residential
Zone A
Zone B
$ 1,372/unit
$ 1,062/unit
$ 799/unit
$ 620/unit
$ 1.84/si.
$ 1.36/si.
F/ETC
Zone A
Zone B
$ 1,360/unit $ 794/unit
$ 967/unit $ 563/unit
$ 1.89/si.
$ 1.10/si.
Developers who are required to construct portions of the
transportation corridors.will receive credit for that work
toward the payment of their fees by the Agency pursuant to
approved plans, specifications and phasing of the Agency. 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 157..
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.
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Portions of thi'~ n cities are included :hin the'benefit
areas for the SJn~C and F/ETC in addition ~ 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 re~arding expenditure
of the funds. Joint Powers Agencies consisting of City'and
County m~mbers have been created to plan, design, finance, and
construct the Corridors, and to determine the order of phasing
of construction of corridor segments when developers are
required to construct corridor improvements in lieu of payment
of fees. All fees collected under this program will be
deposited in accounts specifically for the transportation
corridors to accomplish this purpose.
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MAJO. IOROUGHFAKE AND BRIDGE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
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 buildihg permit for purposes of
defraying the actual or estimated cost of constructing
bridges over waterways, railways, freeways and canyons,
or constructing major thoroughfares in Orange County.
Pursuant to the above provisions of the Government Code,
the Board of Supervisors adopted Section 7-9-316 of the
Orange County Codified Ordinances providing for the
establishment of major thoroughfare and bridge
construction fees to be paid by subdividers and building
permit applicants in the County of Orange.
On April 21, 1982, the Board of Supervisors, by
Resolution 82-598, directed the Environmental Management
Agency (EMA) to begin analyzing potential areas of
benefits, and to proceed with the establishment of a fee
program. The Board, furthermore, determined that
.developers of subdivisions which contain portions of any
transportation corridor, would dedicate right-of-way,
grade and construct necessary portions of the corridor
and participate in any established corridor fee program.
On February 15, 1983 the Board of Supervisors, by
ResolutiOn 83-239, identified interim areas of impact for
the San Joaquin Hills and Foothill/Eastern Transportation
Corridors and directed EMA to require subdividers to
enter into contracts to participate in corridor
implementation pending establishment of a fee program.
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II.
On January .., 1984 the Orange Count) lanning Commission
adopted Resolution No. 45-83 recommending that the Board
of Supervisors adopt Major Thoroughfare and Bridge Fee
Programs for the San Joaguin Hills Transportation
Corridor and the Foothill/Eastern Transportation Corridor.
On October 3, 1984 the Board of Supervisors, by
Resolution No. 84-1462, adopted Areas of Benefit and
Major Thoroughfare and Bridge fees within unincorporated
Orange County for the San Joaquin Mills and
Foothill/Eastern Transportation Corridors. Subsequent
cooperative analyses of the fee program by Orange County,
Orange County Transportation Commission, the Building
Industry Association of Southern California, Orange
County Region, and cities within these Areas of Benefit
have lead to the Fee Program defined within this report,
and the formation of the San 3oaquin Mills Transportation
Corridor Agency and the Eastern/Foothill Transportation
Corridor Agency to implement such Fee Program and plan,
design, finance and construct such corridors.
The County and various cities within the Area of Benefit
of the San Joaquin Hills and Foothill/Eastern
Transportation Corridors formed two Joint Powers Agencies
known as the San Joaquin Mills Transportation Corridor
Agency and the Foothill/Eastern Transportation Corridor
Agency. Necessary ordinances and resolutions to effect
the Fee Program have been adopted by all parties of the
'Agency, and such program is now being fully implemented.
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
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relativel) xpid growth and planned cure development in
Orange County also contributes directly to such
need. Three such corridors (Foothill, Eastern and San
Joaquin Hills) are included on the Master Plan of
Arterial Highways (MPAH), and are a component of the
Transportation Element of the Orange County General Plan_
~nd the Transportation Elements of the General Plans of
all city Parties within which such corridors have been
planned to be located.
Transportation corridors are depicted on the MPAH map as
either conceptually proposed or established alignments.
These facilities are part of a planned traffic
circulation system necessary to support development of
the County in accordance with existing General Plan Land
Use Elements of the County and City Parties. These
facilities will also relieve recurrent congestion on
major arterials and freeways in Orange County.
The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned
as a high-speed, high capacity, access-controlled
transportation facility to serve local and regional
traffic and transit needs. Its alignment was
established in 1979 as part of the MPAH and
Transportation Element of the Orange County General
Plan. That alignment includes the Corona del Mar
Freeway (Route 73) in the Cities of Costa Mesa, Newport
Beach and Irvine and extends southeasterly approximately
15 miles to join the San Diego Freeway (I-5) between
Avery Parkway and Junipero Serra Road near the City of
San Juan Capistrano (see Exhibit I). It will be designed
to comport with scenic highway standards and provide
approximately six to ten general purpose travel 'lanes,
with a median of sufficient width to accommodate future
high-occupancy vehicle (H0V) lanes and special transit
facilities, if required in the future. The central
segment of the corridor will carry the greatest amount
of traffic because there are a limited number of
alternative parallel highway facilities. Traffic
volumes on the south end of the corridor are lowest along
the route as a result of countywide traffic orientation,
which is generally to the north. Access to the corridor
will be limited to
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.approximat 12 grade-separate int~ ,anges with
arterial highways as well as provisions for future
additional interchanges with arterial highways plus
provisions for future additional exclusive interchange
ramps for H0V lanes. Additional bridges may be required
as the corridors cross substantial canyons and water
courses.
..
The EASTERN TRANSPORTATION CORRIDOR is currently shown as
a set of alternative preferred alignments and included
in the Transportation Element of the Orange County
General Plan. The preferred alternatives will be studied
further as the environmental review process continues.
The FOOTHILL TRANSPORTATION CORRIDOR is an established
alignment between the Eastern Corridor and a point
northerly of Ortega Highway and a conceptual alignment
between that point and San Diego Freeway (I-5). As
depicted on Exhibit I, the Eastern Transportation
Corridor will intersect the Riverside Freeway (Route 91)
between Weir Canyon Road and Gypsum Canyon Road extending
southeasterly approximately 13 miles to a point southerly
of the Santa Ana Freeway (I-5) in the Cities of Tustin
and Irvine. The Foothill Transportation Corridor will
originate at the Eastern Corridor between Santiago
Canyon Road and Irvine Boulevard and extend southeasterly
approx. 32 miles to the San Diego Freeway (I-5) below San
Clemente in San Diego County. It is anticipated the
Eastern corridor will be a landscaped, grade separated
scenic corridor which includes approximately six general
purpose travel lanes and the Foothill Corridor, a
landscaped corridor which includes four to six general
purpose travel lanes with medians or other areas wide
enough to accommodate H0V/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 H0V
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 Hses 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
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IV.
facility i. ~eeded to serve increa~ intensities
planned in adopted land use Elements of their General
Plan. In the event that such intensities are decreased,
and reducti'on in the level of facility then is still
feasible in view of ri§hts of way then acquired,
plannin§, desi§n, en§ineerin.g and construction-then
completed and financin§ commitments made, such fee also
will 5e re-evaluated. The ~ajority of the len§th of
corridor ali§nments fall within relatively undeveloped
areas of the County. Exceptions to this are either end
of the San Joaquin ]{ills Transportation Corridor and the
central se§ments of the Foothill/Eastern Transportation
Corridors. Each corridor traverses areas of hilly
terrain. A majority of the areas traversed by the
corridors is zoned Planned Community with tentative
tracts in various sta§es of approval.
An ali§nment was selected 5y the Board of Supervisors for
the San Joaquin ]{ills 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
]{ills Transportation Corridor to refine the selected
alignment and determine right-of-way requirements.
Similar detailed en§ineerin§ is also in pro§tess for the
northwesterly se§ment of the Foothill Transportation
Corridor. Alignment selection studies also are
underway on the Eastern Corridor and the southerly end
· of the Foothill Corridor between about 0so Parkway and
I-5.
It is proposed that all corridors will eventually be
added to the State ]{ighway System. State legislation
(AB 86) has been signed into law which redescribes State
Route 73 (Corona Del Mar Freeway) to include the San
Joaquin ]{ills Transportation Corridor. Legislation
(SB2048 and SB2049) has been approved by°the Legislature
and is pending signature by the Governor which will
designate the Eastern and Foothill Transportation
Corridors as State Routes 231 and 241, respectively.
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
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cost of gz~ .ng general High-0ccupal. Vehicle (HOV)
lanes is included but not the cost of H0V structural
section, bridges, median barriers or special access
ramps. It is intended that implementation of any transit
guideway or M0V 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 of the corridor cost was assumed to have a value of
$50,000/acre, to be adjusted by the Agency in accordance
with the California Construction Cost Index.
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 S.JHTC study work, to be
adjusted by the Agency in accordance with the
California Construction Cost Index.
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V,
TABLE IV-1
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST
Construction'
Engineerin.g & Admin.:
Contingencies'
Right Of Way (in excess
of Major Arterial Hwy.)'
$259,736,000
38,960,000
25,974,000
16.990.000
Total (for purposes
of Fee Program):
$3.41,660,000
B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS (F/ETC)
The cost for constructing the Foothill/Eastern
Transportation Corridors was estimated from
information obtained from the Weir Canyon Park Road
Study dated October, 1982, the Foothill Transportation
Corridor Route Location Study dated December, 1982,
and projection of costs from the San Joaquin Hills
Transportation Corridor. Unit prices used in the cost
estimates are considered to adequately estimate the
cost in 1984 dollars. The original estimated costs,
to be adjusted by the Agency in accordance with the
California Construction Cost Index, are as follows'
TABLE IV-2
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS COST
Construction:
Eng. & ^dmln.:
Contingencies:
Rtght Of Hay
(tn excess of
Ma:)or Art. Hwy.):
$233,557,000 $143,526,000 $377,083,000
35,033,000 21,528,500 56,561,500
35,033,000 21,528,500 56,561,500
14,151.000 l 1 , 790.000 25. 941.000
Total (for purposes
of Fee Program)' ~$317,774,000 $198,373,000 $516,147,000
QVERA_LL 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
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developmen. ~rojects, and as noted i~ ection I of this
report has indicated its general intent to require all
new development to bear a portion of the costs of the
corridors by payment of development fees (Major
Thorou§hfare 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.§. toll revenues) will be sou§hr for the portion of
the cost not funded by development fees.
State Route 73 (Corona Del Mar Freeway) has been
legislatively redescribed to co~respond with the route of
San Joaquin Hills Transportation Corridor. Similar
legislation has been approved by the Legislature (SB 2048
and SB 20~9) and is pending signature by the Governor to
place the Foothill/Eastern Corridors in the State Highway
System.
The San Joaquin Hills Transportation 'Corridor also has
been designated as the "first phase" of a federal pilot
project authorized by HR2, Surface Transportation Act of
1986, thereby making it eligible for a maximum of 35%
federal funding, if approved by the California
Transportation Commission in its State Transportation
Improvement Program (STIP).
This Major Thoroughfare & Bridge Fee Program focuses
only on the portion of the corridor implementation costs
which may be attributable to new growth and for which
· development fees are proposed.
The statutes identified in Section I of this report which
authorize the collection of development fees specify that
an Area of Benefit (AOB) shall be established which
encompasses real property, which will benefit from
construction of the major thoroughfares and bridges. The
method of determining the A0B and the share of total
corridor costs proposed to be paid by new development in
the form of fees is explained in Sections VI and VIII of
this report.
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The origin~ _y estimated corridor co ,, subject to
adjustment as previously stated, and the portions
allocated to new development through the Major
Thoroughfare and Bridge (MT&B) fee program are'
New Development
Approximate
Total Cost Share of Cost
San Joaquin Mills'
$341,660,000
$165,500,104
48.4%
Foothill/Eastern'
$516,147,000
$250,228,066
48.5%
In accordance with current Agency policy, new developments
within the path of the transportation corridors will be
conditioned to dedicate right-of-way and grade the'corridor
within the boundaries of the development, construct arterial
overcrossings for internal arterial highways and construct
corridor travel lanes and interchange ramps required immediately
for access to the development or for closure of short gaps in
the transportation system. The estimated cost of these
improvements including the estimated value of R/W dedication in
excess of that required for a standard major arterial highway
(excluding slope easements) will be considered as a credit
against the required MT&B fees to the extent that these costs
are included in the fee program.
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.
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It is clear ~t both existin§ develo~ 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 §rowth. The
portion of cost based upon existin§ trip ends represents the
benefit to developed properties. Revenue for the cost allocated
to existin§ development will be p~ovided from public fundin§
sources identified in Section V, Overall Financin§," of this
report and, therefore, will not be assessed to individual
properties.
The methodolo§y used to determine the AOB consisted of
determinin§ the influence the corridor had on trips made within
the County. The analysis was cp~ducted with a system of
computer pro§rams known as UTPS~ (Urban Transportation Plannin§
Systems). The computer pro§rams were tailored for specific
0ran§e County application and are commonly known as the SOCCS~/
travel demand model.
The model subdivides Orange County and portions of adjacent Los
Angeles County into more than 500 traffic analysis zones (TAZ).
The model estimates the number of person trips each TAZ
generates based on socioeconomic variables such as population,
employment, income and number of housing units. These trips are
then distributed from each zone to all other zones by a
well-established procedure. The model then determines how many
of these person trips will travel by auto, and finally assigns
these auto trips onto a highway network. The socioeconomic data
used in the AOB analysis is from the San Joaquin Hills
Transportation Corridor Study and the Foothill Transportation
Corridor Study.
Usin§ the trip-making d~a described above, a select link
analysis (program UROAD~') was performed to determine the number
of corridor related trip ends which ori§inate in, or are
1/ UTPS is a battery of sophisticated computer programs developed and
sponsored by the Federal Urban Mass Transportation Agency (UMTA)
for forecasting travel demand.
South Orange County Circulation Study (SOCCS) travel demand
forecasting model developed by EMA/Transportation Planning
Division.
3/ UROAD is one of the computer programs in UTPS. It is a
comprehensive flexible highway assi§nment and analysis program.
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destined f each traffic analysis ,e (TAZ). These
corridor TAZ trip ends were used in conjunction with the
total TAZ trip ends (arterial hi§hways plus corridor) to
compute the percentage of trip ends by TAZ which use the
corridor. The resulting percentages were posted on TAZ
maps in 2% increments (Exhibits III and IV).
..
The influence area for each of the corridors is quite
pronounced at the 4% and greater trip use level as shown
on the exhibits. The pattern of corridor usage becomes
erratic below the 4% level.
The determination, of the A0B for each of the
transportation corridors was based primarily on the above
corridor influence areas. However, the following
additional criteria were used to supplement the percent
of corridor use data to analyze relative benefits'
1. Corridor trip ends exceed 1.75 trip ends per gross
acre of the TAZ.
2. Total corridor trip ends per TAZ exceed 2,000.
3. Trip end growth within each TAZ exceeds 45%.
4. Perceived direct and indirect benefits to the
transportation system.
Identifiable physical and planned .features closely
approximating the pattern of corridor usage were used to
describe the boundaries of the benefit areas.
'Within each Area of Benefit, some lands were judged to
receive more benefit than others from the construction of
the corridors. Developments which create relatively high
demands for use of the corridors were placed in a
different fee zone within the Area of Benefit than other
developments with less direct use. The boundaries
between the fee zones were determined utilizing the TAZ
data on Exhibits III and IV. Traffic analysis zones
where the percentage of corridor trip ends equals or
exceeds 8% were defined as Zone A. Traffic analysis
zones with less than 8% use were defined as Zone B. Zone
A and B are depicted on Exhibit I.
VII. DESCRIPTION OF AREA OF BENEFIT (AOB)
The AOB's for the San Joaquin Hills and the combined
Foothill/Eastern Corridors include both incorporated and
unincorporated territory and generally encompass the
southeasterly half of Orange County as illustrated on
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Exhibit I
A. 'SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
.A more detailed map of. the San Joaquin Hills
..~. Transportation Corridor A0B is shown on Exhibit V.
This AOB contains approximately 122 square miles. All
--or portions of the following cities are within this
AOB:
TABLE VII-1
SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION
· City
COsta Mesa
Irvine
Laguna Beach
Mission Viejo
Newport Beach
San Clemente
San Juan Capistrano
Santa Ana
City Subtotal
Unincorporated Territory
Area Included in A0B
3.2 sq. miles
22.2 5.6
(included in the
"Unincorporated
Territory" area)
8.3
3.8
8.2
2.8
54.1
68.3 (including the
area within the
newly incorporated
City of Mission
Viejo)
Total
122.4 sq. miles
The AOB is bounded by the Pacific Ocean: beginning at
the easterly boundary of the City of Newport Beach at
the Pacific Ocean; thence along said external boundary
defined by annexation nos. 843, 64, 897, 84, and 585
to its intersection with an extension of Fifth Avenue;
thence northwesterly along said extension to Fifth
Avenue; thence northwesterly along the centerline of
said Fifth Avenue to Coast Highway; thence
northwesterly along the centerline of said Coast
Highway to the crossing of the Upper Newport Bay;
thence along a line northerly through said Upper
Newport Bay to the point where the Santa Ana-Delhi
Channel (Facility F01) enters said Upper Newport Bay;
thence along the centerline of Santa Ana-Delhi Channel
from Upper Newport Bay to University Drive; thence
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wester' .lon§'the centerline of ~.d University Drive
to Santa Aha Avenue; thence north~,ly alone the
centerline of said Santa Aha Avenue to Corona Del Mar
Freeway (State Route 73); thence northwesterly alone
the centerline of said Corona Del Mar Freeway to the
San Die§o Freeway (Interstate Route 405); thence
westerly alone the centerline of said San DieEo
Freeway to Barbor Blvd,; thence northerly alone the
centerline Of said Barbor Blvd. to MacArthur Blvd.;
thence easterly alone the centerline of said MacArthur
Blvd, to'Main Street; thence-northerly alonE~the
centerline of said Main Street to Dyer-Road; thence
easterly alone the centerline of said Dyer Road to
Grand Avenue; thence northerly alonE the centerline of
said Grand Avenue to Edin§er Avenue; thence easterly
alone the centerline of said EdinEer Avenue to the
Newport-Costa Mesa Freeway (State Route 55); thence
southeasterly alone the centerline of said
Newport-Costa Mesa Freeway to Warner Avenue; thence
southeasterly alone the centerline of said Warner
Avenue to Red Kill Avenue; thence southwesterly alone
the centerline of said Red Kill Avenue to Alton
Avenue; thence northwesterly alone the centerline of
said Alton Avenue to Newport-Costa Mesa Freeway;
thence southwesterly alone the centerline of said
Newport-Costa Mesa Freeway to the San Die§o Freeway
(Interstate 405); thence southeasterly alone the
centerline of said Interstate 405 to Interstate 5;
thence southerly alone the centerline of said
Interstate 5 to its intersection with the prolon§ation
of the southerly boundary of Rancho Mission Viejo
(approximately at Via Escolar); thence southeasterly
alone 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 alone the
southerly line of said Tract No, 6381 to the easterly
boundary at Parcel Map No. 80-851; thence southerly
alone said easterly boundary of Parcel Map No, 80-851
to Rancho Viejo Road; thence southerly alone the
centerline of said Rancho Viejo Road to Ort.~Ea
BiEhway; thence easterly alonE the centerline of said
OrteEa BiEhway to La Novia Avenue; thence southerly
alone the centerline of said La Novia Avenue and its
proposed extension to Tentative Tract No, 11648;
thence southerly alone the easterly boundary of said
Tentative Tract No, 11648 to the boundary of Tentative
Tract No, 11832; thence southerly alone the easterly
boundary of said Tentative Tract No, 11832 to the
northerly boundary of Tract No. 8087; thence easterly
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and sou% .... fly along the boundary ~ 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/Sam Diego County
line; and thence southerly along said County line to
the Pacific Ocean.
Zone A is bounded on the south by the Pacific Ocean
and is described as follows' Beginning at the
intersection of the total Area of Benefit westerly
boundary with the Pacific Ocean; thence along said
total Area of Benefit boundary to Marguerite Avenue;
thence northerly along the centerline of said
Marguerite Avenue to San Joaquin Hills Road; thence
easterly along the centerline of said San Joaquin
Hills Road to Spyglass Hill Road; thence northerly
along the centerline of said Spyglass Hill Road to San
Miguel Drive; thence northerly along the centerline of
said San Miguel'Drive to Ford Road; thence
northeasterly along the centerline of said Ford Road
and its proposed northeasterly extension as shown on
the Orange County Master Plan of Arterial Highways
dated August 8, 1984, to Bonita Canyon Road; thence
easterly along the centerline of said Bonita Canyon
Road to the proposed southerly extension of Sand
Canyon Avenue as shown on said Master Plan of Arterial
Highways; thence easterly along the centerline of the
proposed extension of Sand Canyon Avenue to the
westerly extension of Bake Parkway as shown on said
Master Plan of Arterial Highways; thence easterly
along the centerline of the proposed extension of said
Bake Parkway to Laguna Canyon Road; thence southerly
along the centerline of said Laguna Canyon Road to the
proposed westerly extension of Santa Maria Avenue as
shown on said Master Plan of Arterial Highways; thence
easterly along the centerline of the proposed
extension of Samta Maria Avenue and Santa Maria Avenue
to Moulton Parkway; thence southerly along the
centerline of said Moulton Parkway; thence southerly
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B ·
along t~.. centerline of said Moul._n Parkway to E1
Toro Road, thence northeasterly along the centerline
of said E1 Toro Road to Paseo de Valencia; thence
southeasterly along the centerline of said E1 Toro
Road to Paseo de Valencia; thence southeasterly along
the centerline of said Paseo de Valencia and its
easterly prolongation to intersect Interstate 5 which
is also the easterly boundary of the total Area of
Benefit; thence southerly along said easterly boundary
of the total Area of Benefit boundary to where it
again intersects Interstate 5 in the vicinity of
Camino Las Ramblas; thence northerly along the
centerline of said Interstate 5 to San Juan Creek
Road; thence westerly along the centerline of said San
Juan Creek Road to Camino Capistrano; thence northerly
along the centerline of said Camino Capistrano to Del
Obispo Street; thence westerly along the centerline of
said Del Obispo Street to Alipaz Street; thence
southerly along the centerline of said Alipaz Street
to Camino Del Avion; thence westerly along the
centerline of said Camino Del Avion and its proposed
westerly prolongation as shown on said Master Plan of
Arterial Highways, to Crown Valley Parkway; thence
southerly along the centerline of said Crown Valley
Parkway to Monarch Bay Drive; thence southwesterly
along Monarch Bay Drive and its southwesterly
prolongation to the Pacific Ocean.
Zone B is described by the total San Joaquin Hills
Area of Benefit excluding Zone A as described above.
FOOTMILL/EASTEI~N TRANSPORTATION CORRIDORS
A single Area of Benefit was selected for the combined
Foothill and Eastern Transportation Corridors because
of corridor usage patterns. A more detailed map of
the Foothill/Eastern Corridors A0B is shown on Exhibit
VI. This AOB contains approximately 291 square
miles. Ail or portions of the following cities are
included in this AOB'
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TABLE VII-2
FOOTHILL/EASTERN A0B BY LOCAL JURISDICTION
City
Area Included in AOB
Anaheim
Irvine
Mission Viejo
Orange
San Clemente
San Juan Capistrano
Santa Aha
Tustin
Villa Park
Yorba Linda
City Subtotal
Unincorporated Territory
14.1 sq. miles
18.9
(included wi thin
the "Unincorporated
Territory" area)
10.6
13.5
5.0
2.8
11.1
2.1
17.7
95.8
194,? (including the
area within the
newly incorporated
City of Mission
Viejo)
Total
290.5 sq. miles
The A0B is bounded generally by the northerly boundary
of the San Joaquin Mills Transportation Corridor A0B
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 Mill Avenue;
thence northeasterly along the centerline of said Red
Mill 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
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to Jeffe,~on Street; thence n0rth=.~y along said
Jefferson Street to the southerly city limits of
Placentia; thence along the external boundary of said
city limits defined by annexation nos. 69-1, 76-1,
71-01, 65-4, 63-3, 6401, 65-7, 63-4, 63-2, 64-4, and
72,2 t6 its intersection, with Imperial Highway;
-Placentia to Imperial Highway; thence southwesterly
along the centerline of said Imperial Highway to
Valley View Avenue; thence northerly along the
centerline of said Valley View Avenue and its
prolongation to the southerly boundary of Chino Hills
State Park; thence easterly along the southerly
boundary of Chino Hills State Park to its intersection
with the Orange/San Bernardino County line; thence
southeasterly along the Orange County line to th~
boundary of the San 3oaquin Hills Transportation
Corridor Area of Benefit.
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
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Tustin . .ch Road; thence southe~ 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 reali§nment 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 noriherly extension of Muirlands Boulevard;
thence along said Muirlands Boul%vard to the
centerline of Alton Avenue, thence northerl~ along the
centerline of said Alton Avenue to Jeronimo Road;
thence easterly along the centerline of said Jeronimo
Road to Bake Parkway; thence northerly alone the
centerline of said Bake Parkway to Trabuco Road;
thence easterly along the centerline of said Trabuco
Road to Alicia Parkway; thence northerly along the
centerline of said Alicia Parkway to Portola Parkway;
thence easterly along the centerline of said Portola
Parkway to the proposed Antonio Parkway as shown on
said Master Plan of Arterial Highways; thence
southerly along the centerline of said Antonio Parkway
to Ortega Highway; thence southwesterly along the
centerline of said Ortega Highway to the proposed
easterly extension of Avery Parkway as shown on said
Master Plan of Arterial Highways; thence westerly
along the centerline of said proposed extension and
Avery Parkway to the Santa Ana Freeway where it
intersects the common boundary between'the
Foothill/Eastern and the San Joaquin Hills AOBs;
thence southeasterly along said common AOB boundary to
the Orange/San Diego County line; thence northerly
along the Orange County line to where it intersects
the centerline of the proposed La Palma Avenue as
shown on said Master Plan of Arterial Highways.
Zone B is described by the total Foothill/Eastern Area
of Benefit excluding Zone A as described above.
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
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Areas of B..~fit in reasonable prop~ ~on to the benefit
derived. The corridor facilities will, of course, also
benefit existing development within the Areas of
Benefit. The share of corridor cost attributable to
benefits derived by existing development is proposed to
be funded from other sources.
A. Determination of Fee Program's Share of Corridor Cost
The first step in calculating the fee program share of
the corridor cost was to determine the. percentage of
corridor user trip ends that originate or end within
the Area of Benefit which are attributable to new
growth. Trip information derived from the SOCCS
travel demand model was used for this analysis. This
percentage was established as' the developers share and
multiplied by the total corridor cost to determine the
fee program share of costs as shown in Table VIII-1.
The fee p~ogram share of corridor cost was then
separated into amounts representing direct and
indirect benefits to the benefit zones (A & B Zones)
based upon peak hour and non-peak hour travel
characteristics. Approximately sixty-one percents/
(61%) of corridor trips are expected to occur during
non-peak travel hours, thus representing a measure of
the direct benefit ~om the corridors. Approximately
thirty-nine percent~/ of corridor trips are expected
to occur during peak hours of travel, thus
representing lessened congestion on the remaining
transportation system. This system relief is defined
as indirect benefit.
The direct and indirect factors were used to identify
the relative benefits between the A and B zones. The
portion of fee program share representing direct
benefit was divided between the A and B zones based
upon the percentage of corridor user trips due to
growth within each zone. The portion of developers
share representing indirect benefit was distributed
between the A and B zones based upon the percentage of
total trip ends on the transportation system within
each zone. The fees for the A and B Zones, therefore,
include a measure of both direct and indirect benefits
4_/ Caltrans, I2%RTS 1976 Urban Rural Survey.
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receive, jy each zone. Exhibits , and VIII show the
method in which these calculations were made.
The fee program share of the original estimate of
Corridor Cost shown below represents an estimate of
the share attributable to new development. It is
expected that this share may change as future
revisions are made to the fees.
TABLE VIII-1
FEE PROGRAM SHARE OF. CORRIDOR COST
Total Corridor
Costs ($)
Developers
Share (%)
Share ($)
SJHTC
Zone A
Zone B
28.6%
19.8%
$ 97,856,775
$ 67,~43.330
Total
$341,660,000
48.4% $165,500,105
F/ETC
Zone A 25.8%
Zone B ~
$133,096,099
$][17.131.975
Total
$516,147,000
4.8.5% $250,228,066
· B. Determination of Base Fee
The cost attributable to future development must be
reduced to a fee so that it may be apportioned in an
equitable manner to specific types of development.
Allocation of the cost on the basis of trip end
generation by general land use category is proposed,
where:
cost apportioned to future development in the A0B zone
cost/trip end trip end growth in the A0B zone
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SJHTC rC
Zone A
$97.856.774
1,321,160
= $74/TE
$133.096.091
1,665,922
= $80/TE
Zone B
$67.643.330
1,462,093
$117.131.975
2,730,730
= $43/TE
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 industrial/cpgunercial floor space was
generated from MMTS IIa/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
5/ Employment projections adopted by the Orange County
Transportation Commission.
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which a, .ue from construction pi
neighborhood/community commercial development.
Neighborhood/community commercial primarily benefits
local residents by providing an opportunity to shop
close to home. Many of the trip ends typically
assigned to local retail uses are accounted for by
these short trips arriving from and returning to
residences. --These residential-related trip ends
actually provide savings in travel costs due to the
short nature of the trip. Additionally,
neighborhood/community commercial development tends to
reduce energy consumption and traffic impacts.
Residential land uses receive sufficient benefit from
construction of neighborhood/community commercial
development to distribute a portion of the trip ends
attributable to neighborhood/community commercial
development to residential land uses. For this
reason, 60% of the trip ends attributable to
neighborhood/community commercial development were
reassigned to single family residential and multi-unit
residential land uses as a measure of this increased
benefit.
The reassigned trip ends were split between single
family and multi-unit residential land uses based' upon
their respective trip ends due to growth. The
adjusted trip ends are as follows:
TABLE VIII-2
ADJUSTED A0B TRIP ENDS
Land Use Category
Zone A Zone 6
Generated Ad~)usted Generated Adjusted
Trio Ends Trip Ends Trio Ends Trio Ends
SAN OOAQUIN HILLS TRANSPORTATION CORRIDOR
Single Family Residential Units
Multi-Unit Residential Unit
Net ghborhood/Communt ty Commerct al
379,452
193,956
448,800
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Single Family Residential
Multi-Unit Residential Units
Ne t ghborhood/Commun tty Commerc i a 1
666,024
160,377
479,662
557,635
285,053
179,520
139,368 254,936
240,723 440,312
525,262 210,105
897,960 643,812 1,143,880
216,238 248,906 442,221
191,865 1,155,638 462,255
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Once fl. adjustment was made, tl fee program share
of the total corridor cost for each of the three
generalized land use categories was determined. The
single-family residential and multi-unit residential
share of the corridor cost was calculated first by
multiplying the adjusted trip ends shown above by the..~.
appropriate cost per trip end as developed in Exhibits
IX and X. The non-residential share'of the corridor
cost was calculated by using the difference between
the total fee program share and the total residential
share of the corridor cost. The fee pro,ram share of
corridor cost by generalized categories
TABLE VI I I-3
FEE PROGRAM SHARE BY LAND USE CATEGORY
Single Family
Residential
Multi-Unit
Residential
Total
Non-Residential
DeveloDer's Share
SAN OOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A $41,264,990 $21,093,922
Zone B $11,727,056 $20,254,352
$35,497,862
$35,661,922
$ 97,856,774
$ 67,643,330
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone A $71,836,800 $17,299,040
Zone B. $49,186,840 $19,01S,503
$43,960,251
$48,929,632
$133,096,091
$117,131,975
Once the fee program share of corridor cost by the
three generalized land use categories was determined,
a fee for each of these categories was determined by
dividing each share by the appropriate number of
residential units or areas of buildings, shown in
Exhibits IX and X. Following is the final fee
calculation for each of the three general land use
categories for both A and B fee zones.
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TABLE VI I I-4
AREA OF BENEFIT FEES
Original
Fee
~ Calculation
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Stngle-fami ly
Mu 1 t t -un t t
Non-residential
Single family $11,727,056 + 11,614 units
Multi-unit $20,254,352 + 34,389 units
Non-residential $35,661,922 + 27,700,559 sf
$41,264,990 + 31,621 units
$21,093,922 + 27,708 units
$35,497,862 + 20,021,185 sf
Original
Fee
$1,305/untt
$761/untt
$1.77/sf
$1,0lO/unit
$589/unlt
$1.29/sf
Fee
Calculation
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Original
Fee
Single-family $71,836,800 + 55,502 units
Multi-unit $17,299,040 + 22,911 units
Non-residential $43,960,251 + 24,231,767 sf
$1,294/untt
$7S5/untt
$1.81/sf
Slngle-famt ly
Mul tl-unt t
$49,186,840 + 53,651 units
$19,015,503 + 35,558 units
$917/unlt
$535/untt
Non-residential $48,929,632 + 46,616,669 fees $1.05/sf
Original
Rounded
$1,305/untt
$760/untt
$1.75/sf
$1,OlO/untt
$590/untt
$1.30/sf
Rounded
Fee
$1,295/unlt
$755/untt
$1.80/sf
$920/untt
$535/unit
$1.05/sf
Current
Fee
$1372/untt
$799/unit
$1.84/sf
$1062/unit
$620/untt
$1.36/sf
Current
Fee
$1360/untt
$794/untt
$1.89/sf
$967/unit
$563/unit
$1.10/sf
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D. APPLICA'~ ~N 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
~loor 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.
Ail land uses will be determined to be within the most
appropriate of the three general land use categories.
In the event an existing non-residential building is
proposed to be expanded, the fee will be determined by
the net increase of buildin§ 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
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redevel aent agencies) which wi. generate revenue or
be leased for commercial purposes shall pay fees in
accordance with 'the established fee schedules.
Exam?les 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.
Ail disputes over application of fees to specific
projects or disputes over exemptions of projects from
fee requirements shall be presented to the Joint
Powers Agency described in Section XIII of this report
for resolution.
Examples of fee calculations:
1. The fee for a development consisting of 100
single-family detached units, 300 condo units and
25,000 s.f. of office and Neighborhood Shopping
Center uses, calculated upon original rates,
would be'
San Joaquin Mills AOB.(Zone A)'
(100 D.U..x $1305/D.U.)
(300 D.U. x $760/D.U.)
(25,000 S.F. x $1.75 $.F.)
-_ $ z30,500
= $ 228,000
= $ 43,750
Total fee for development if
located in Zone A of SJHTC A0B
= $ -~Q2,250
Foothill/Eastern A0B (Zone B)'
(100 D.U. x 920/D.U.)
(300 D.U. x $535/D.U.)
<25,000 S.F. x $1.05/S..F.)
Total fee for development if
located in Zone B of Foothill/
Eastern AOB
92,000
160,500
·
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:
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IX.
X.
Sa oaquin Hills A0B (Zone
(5,000 s.f. x $1.30/s.f.)
= $ 6,500
Total fee for development if
located in Zone A of SJHTC A0B
I
$
Foothill/Eastern A0B (Zone A)'
(5,000 s.f. x $1.80/s.f.)
= $ 9,000
Total fee for development if
located in Zone A of Foothill/
Eastern AOB
= $ 9,000
DEFERRAL OF FEES
Fees may be deferred by the Parties for residential
multi-unit rental projects or projects which include
State or Federal requirements to provide units affordable
to families with incomes less than 80% of the median
income (Section VIII housing). The deferral may be for a
period of five years from the issuance of building
permits or the period of the State/Federal funding
requirements beginning upon issuance of the first
building permit. The fees to be paid shall be those in
effect at the time of payment and shall be secured by an
agreement and renewable letter of credit held by an
escrow company, or cash or time certificate of deposit in
the amount of fees plus 15 percent in anticipation of
inflationary increases.
CRITERIA FOR COLLECTION OF FEES
The enabling ordinance provides for collection of fees as
a condition of final map approval or issuance of building
permits, Fees shall be collected prior to issuance of
all building permits for new residential structures and
commercial/industrial structures which establish new and
enlarged floor space. Fees will not be required for
remodeling or reconstructing existing structures to the
same number of residential dwelling units or equal
commercial building area. Fees will not be required for
construction of retaining walls, patio covers, swimming
pools or other non inhabitable residential structures.
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XI.
DEVELOPMEN ~[ACTIONS & 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 appl'icable Agency.
2. Grade corridor right-of-way in accordance with
schematic plans approved by the applicable Agency and
shown on the Tentative Tract Map and rough grading
plans.
3. Construct arterial overcrossings for internal
arterials as determined by the applicable Agency.
Width of overcrossing structure (i.e., number of
travel lanes) is to be determined based upon vehicular
and pedestrian traffic generated by the proposed
project.
4. Construct corridor travel lanes and interchange ramps
required immediately for access to proposed
development or system continuity (closure or short
gaps) in accordance with the corridor construction
phasing plan adopted by the applicable Agency, or as
otherwise approved by the applicable Agency. Number
of lanes required is to be based upon traffic
generated by proposed project.
5. Participate, among other designated beneficiaries, in
the San Joaquin Hills or Foothill/Eastern
Transportation Corridor fee program.
Subdivision in which right-of-way, grading and
improvements are required for the transportation
corridors will be eligible for credit toward payment of
the MT&B fees to the extent that the costs were included
in development of the fee p~ogram. Whenever subdivisions
are conditions to grade or xmprove portions of
transportation corridors or dedicate right-of-way in
excess of Major Arterial Highway Standards, and these
costs exceed fees that would otherwise be due, the
developer shall enter into an agreement with the county
or applicable city and the applicable Agency 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
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right-of-~ and the calculated fe~ Such agreements
will establish the amount of reimbursement for which the
developer is entitled. A developer shall be entitled to
reimbursement for a period of fifteen (15) years 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. If
the estimated costs of the grading, improvements, and/or
excess right of way are less than the calculated fee,-a
developer may relinquish credits in lieu of paying fees
until credits are fully utilized with the remainder of
the fee to be collected prior to issuance of building
permits.
In the event a development not requiring subdivision is
conditioned to construct or grade portions of the
transportation corridors or dedicate right-of-way,
reimbursement agreements shall be executed prior to
issuance of any building permits within the project
boundaries.
Developers will be allowed to apply credits earned on one
project to another project within the same Area of
Benefit owned by the same developer. In the event title
to the land of a project changes, credits can be
transferred to another developer with the title to the
· land upon written notification to the appropriate
legislative body and applicable Agency that is a party to
the reimbursement agreement. Credits wil.1 otherwise be
non-transferable from one developer to another. Credits
can be used for the purpose of reducin~ fees prior to
completion and acceptance of grading, Improvements or
right-of-way dedication. However, no reimbursements
shall be made until all grading, improvements or
dedication are completed and accepted by the Agency and
funds are available for reimbursement as determined by
the Agency.
The guidelines for determination of fee credits are as
follows:
1. General
Credit for right-of-way dedication, grading, and other
improvements will only be given to the extent that the
cost of such right-of-way or improvements are included
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in the u_~culation of fees in the ~jor Thoroughfare
and Bridge Fee Program.
2. Right-of-Way
Credit wil'~'be given for.right-of-way dedication at
the rate .of..$50,000 per acre adjusted in accordance
with the California Construction Cost Index, currently
$52,546 per acre, except for slope easements and a
120-foot-wide strip along centerline of the
transportation corridor which would normally be
required for arterial highway dedication.
3. Grading
Credit will be given for earthwork, road and slope
drainage, buttressing, stabilization, hydroseeding and
erosion control at the following combined rates'
Corridor Segment
0riginal/Current
Credit Rate
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Jamboree to Station 511+50 $149,784/$157,410 per acre
road easement
Station 511+50 to Moulton Parkway $124,132/130,452 per acre
road easement
· Moulton Parkway to Paseo de Colinas $124,915/131,275 per acre
road easement
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Foothill/Eastern Corridor
$137,060/$144,038 per acre
road easement
The t~rm road easement as used above includes the
entire area within right-of-way (hinge pointsto hinge
point) excluding slope and drainage easement . The
credit values furthermore include percentages or work
estimated for engineering, administration and
contingencies for the respective transportation
corridors'.
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,
XII.
Drainag,
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 co~t estimate. Engineering and
administration credit of 15% of the drainage structure
credit will be added. Contingency credit of 10% of'
the drainage structure credit will be added. Terrace
drains, downdrains and temporary drainage facilities
or erosion control facilities are included in the
average unit cost of grading.
Other Improvements
Credit will be given for other improvements at the
rate at which the improvement was estimated in the fee
program plus 15% for engineering and administration
plus 107. 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.
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, 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.
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EI{ICKSON
09/14/88
XIII. JOINT P RS AGENCIES
There are thirteen different cities within the proposed
Areas of Benefit for the Foothill/Eastern and San Joaquin
Hills Transportation Corridors. Joint Powers A§encies
("Agencies") consisting of City and County Parties have
been formed for the purposes of planning, desi§nin§,
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 each JPA for such purposes. The Agencies will be
'responsible for administering fees collected under tWis fee
program including any credits reimbursements called for in
reimbursement agreements identified in Section XI of this
report.
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ERICKSON
09/14/88
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EXHIBIT II
_
_
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA_
April .21, 1982
6 On ~otion of Supervisor Wieder, duly seconded and carried, the
·
7 following l~esolution was adopted:
8 WHEREAS, development of lands is occurring which contributes
9 directly to the need for transportation ¢orridors~ and
10 WHEREAS, said development may obstruct future right-of-way, for
11
12
'19
- ~4
the t.ransportation corridors ~ and
WHEREAS, development benefitting from implementat/on of the
transportation corridors should contr£bute toward the cost generally
in proport£on to the need generated; and
Z~ 15 WHEREAS, right-of-way for the transportation.should be protected
~ development occurs~ and.
:: 16 as
w~~s, grading should be acc~pl~shed, whenever ~ss~ble. ~n
18 conjunction with the grading and development of surrounding property=
and
o
20 WHEREAS, implementation of logical ~ncrements of the corridor
21 shoul~_ occur in conjunction with the land development process whenever
22 the transportation needs of tha~ development require those
for access= and
WHEREAS, development Policies for the implementation of
transportation corridor will provide a basis for planning of future
development and serve as notice to the public as to the future
locations of the corridors~
Resolu~:ion Ho. 82-598
Transporta tion Corridors
Development Policy
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6
7
I0
11
12
· 13
18
19
20
21
22
2~
2,(
~7
NOW, TH%.~, £, BE ~T.RESOLVED that a condition of approval
of subdivisions containing within their boundaries portions of
transportation corridors shown on the Transportation Element of the
County General Plan the developer shall:
1. Dedicate right-of-way to County.
2. Grade corridor right-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 ~nterchange ramps
re~u~red immed~ately for access to proposed development or system
continuity (closure of .short 9aps). Number of .lanes required is to ~
_
__
5. Part/czpate, among other designated beneficiaries, ~n any
establ~she~ corridor ~evelopment fee program. Costs incurred pursuar.
tcu Conditions 2 through 4 shall be creditable against fees. Costs
~ncurred pursuant to Condl~.~on I shall be creditable against fees to
the extent that the develop=~t fee program includes said right-of-wa.
cost.
BE =T FURTHER RESOLVED that ~ ts hereby d~rected to amend
appropriate sections of the Subdivision and Zoning Codes to implement
this policy. .
BE XT FURTHER RESOLVED that EMA is hereby directed to incorporat~
£n General Plan amendment elements, zoning actions, area plans and
site plans recommendations appropriate for implementing this policy.
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6
I0
b~; ZT ,'c,a'/~.~A R£$OLYED that EFA is hereby directed to begin
analyzing p.otential areas of benefit as an adjunct to the Orange Count
Orange County Transportation Co~iss~on Transportat~on Finance Study
.. e
BE ~T FURTHER ~SOL~D that affecte~ c~t~es be 'req~este'd to adopt
s~ilar policies.
BE =T FURT~R ~OL~ that ~ ~s hereby 8irecte~ ~ procee~
~edit~ously with ~e est~l~s~t of a fee progr~.
]1
12
13
' 14
.
18 IYE.q:
20
21
22
2~
K%P-~-I-~rT M. ~EDER, RALPH B. CLARK, AND ROGER'R.
STANTO.~ ..
sup£~vz$oP~ ncncz
AB$£,'(T: SUP;RVI$0RS BRUCE lq~:S?A,,.'~DZ: AND
STATE OF CALIFORNIA I
COUETY OF ORANGE
1, JUNE: AL£XAHD£R, Clerk of the Board of Supervisors ot' nge.County, Cal~forni
24 hereby cert~¢y that the above and forego~flg Resolution was duly ~ ~g~a'r.~y adoDted by
~e sa~d ~ard at I regular meettng ~e~f held on the 2~.~d~y.'6~. ~~-::~ ,
2~ 19 82 , and pass~ by a ~ ~te of satd ~~-~r~c~ ....
'-F · ~'~
-- . .~: . .~ %~
26 I~ VITNESS ~EREDF, I have he--to set my Mhd an~l'thts 2~t · ~a~ of
I. c.~ : /~..
' Clerk of't~~a~ of
of Orange ~ou~ty~.
_~9_ '..,.'~0., I'~,...~.
.
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-42-
EX~ZB~
page I o£ 2
FEE P~ $8A~ OF TOTAL C0~/D0~ COST
SAR $OAQUIN HILI~ TRARSPO~ATI~ CORR/DOR-
Sene &
__
~one B
Outside
Ama
#ith One or Both Ends Xn ~.one
Trips b~ginning arid ending in zone
(Trips due to growth)
In/Out Trips
(Trips due to g~o~ch)
(~ot&t trips)
Trips
due to grouch)
trips)
T=lp End Analysis
(Tz. ip ends due to
(Total trip ends)
(Percent o~rridoz
27,10 9
29,047
60,145
78,820
57,362
73,274
171,725
210,188
81.?0%
42.88%
35.03%
5,990
9,811
25,834
35,345
28,141
38,582
6S,?SS
93,549
70.29%
19.08%
13.41%
9,226
22,195
49,798
69,894
50,274
72,203
Ll8,304
186,487
63.44%
38.04%
24.13%
ii
ii ii .
1percent oozridoz T~ ~ue to ~~" ~ip ends due
2p~c~ent oorcider users TE by Bone - ~tA3 trip ends per zone
bunnation et total trip end~
Z~20-19
-44-
-45-
~o.-]
ZX~IBIT VIII
Page 1 of 2
FEE PRCX~A~ SHA~ OF TOT~ CO~0R COST
FOCY~ILL/TASTEI~q TRA~SPOI~T&TIOfl COI~IDOR
~one A
User Tzips Wl~h One, ot Both Ends In Zone
due to gror~h)
27,922
28,200
In/Ou~ T£1ps
(Trlpo due to gr~)
68,629
80,763
Out/Zn Trips
(TEiI~ due to growth)
75,449
89,823
(Trip ~ds d~ to gzow~h)
(PeE~nt ~:i~ ~ due to
(pedant ~r~r ue~s ~ ~ ~ne)2
(PeE~nt ~l~E ~e~l ~ due
199,922
226,986
88.06%
38.18%
34.18%
i
9,322
31,320
46,004
33,648
45,760
83,622
LLS,0?8
72.66%
19.68%
24.30%
Outside
AOB
20,555
37,307
64,217
88,512
55,069
?9,696
160,396
242,822
66.05%
41.52%
27.42!
due to growth · trip ends due to
To~al TE£p Ends
Tot~l trip enas per zone
Sunnation o£ tot&], trip ends
corridor users TR due to growth · Percent T2 due to'growth z
percent corridor use:s TE by zone
DT20-19
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Page I o~ 2
ORA~E C~U~ KNVI~AL MARA~ AGENCY
August 1982
The £ollowing is · listing o£ vehicle trip generation rates used fo~ planning
purposes by the Environmental Management Agency. These rates have been compiled
£rcn · variety o£ sources, including County conducted studies, and are deemed
representative o£ land uses vithin Orange County. "TE/Ksf" is an abbreviation
£or trip ends per thousand square £eet o£ gross building floor a~ea. "TE/Acre"
~e~e~s to t~ip ends per developed acre.
Light Zndustrial/Indust~lal Park
Mazehouse
Single Fsmily Detached
8ingle Family Detached-Estate
Multiple Unit (Apartnents, Cc~dos)
Mobile Hone ·
~etl~e~ent Community
Hotel
Motel
Resort Hotel (TRC Use)
lleighbo£bood Paxk
?.eg i~ Park
StAte Park
Beach
~o1£ Course
~zot,nd
Tennis Club
Eleoentar2 School
Junior High School
High School
~unior College
Church - #eekday
Lib:a~y
13 176
S 62
26
19 ·
44
42
300
47
60
80
80
60
13S
310
12 TE/l:)u
15 TS/Du
'7
5 TS/Du
4 TE/Du
10 Ts/~oc~
9 Ts/xoou
350 TE/1000' Shore
S TS/Camps
43 TE/Cour t
31 TE/Cour t
1.0 TS/Student
0.9 TS/Student
1.4 TE/Student
1.S TE/Student
ii i
Land Use
Page 2 of 2
KE:I:)2 CAI,_
HOSpi~L~
Nursing Home
18
OFFICE
General Ot£1ce
Xedica! O££1ce
lesearch Cente~
XS
10
Discount Store 65
Hardware/Home l~rovenent SO
Sbopging Cente~ - Regional SO
( 30 Acres)
Shopping Cente~ - Camunity ?o
(10-30 Acres)
Sbopging Center - leighborbood L35
( 10 Ac:es)
lest~urint - ~uality (i.e., Velvet
Hungry TXger, etc.)
JLes~u~tcint - High Tucnov~r (Xe., Bobts, 350
Denny'S, etc.)
Restaurant - Fast Food (i.e., Na~d*s, 900
&u~cnoblle Sa~es
SulMrna~ket L2S
CoflvenLence N&c ket (i.e., ?-3.t ~ S50
Stop & Go, etc.)
Bank - #aLk In
Bank - Drive In
Savings and loan - Walk In
Savings and loan - Drive In
2.95
65'
75
200
240
40
SSO
SOO
900
L2S0
400
14 ~t2:/Ged
?SO T~/S r. ation
E]~S :desgT20-22
6/Zl/85
-5i-