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HomeMy WebLinkAboutNew Business #3 6-15-87 (TCA)TO: FROM: SUBJECT: HONORABLE PAYOR & MEHBERS OF THE CITY COUNCIL WILLZAH A. HUSTON, CITY PANAGER LEGZSLATIV[ PROGRAH-FOOTHZLL AND EASTERN TRANSPORTATION CORRIDOR AGENCY RECOHPIENDATZON: Pleasure of the City Council. BACKGROUND Mayor Edgar has requested that the City Counctl support the Transportation Corridor Agency legislative program: The attached material outlines the program which centers around securing State legislation to provide the Agency with greater flexibility in obtaining financing for completion of the Foothill 'and Eastern corridors. Support can be indicated through Minute Action or adoption of the sample resolution attached. Willtam A. Huston Ct ty Manager WAH :ih Attachments: Resolution No. 87-65' Legislative Program Packet 1 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 23 24 :27 ~8 RESOLUTION NO. 87-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING 1987 LEGISLATIVE PROGRAM OF THE FOOTH ILL AND EASTERN TRANSPORTATION JOINT POWERS AGENCY WHEREAS, the City of Tusttn is a full voting member of the Foothill and Eastern Transportation Joint Powers Agency; and WHEREAS, on March 12, 1987, at a regular meeting of the Board of such Agency, the duly selected representative of this City, together with all other city and county representatives on such Board, unanimously approved the 1987 Legislative Program of such Agency described on the attached memorandum and dated March 4, 1987, as supplemented by the attached undated Memoranda entitled "Definition of Administrative Expenses" and "Stand-by User Fee Authority," NOW, THEREFORE BE IT RESOLVED that the action of the Richard B. Edgar, the duly selected representative of this City, in voting to approve the 1987 Legislative Programof the Foothill and Eastern Transportation Joint Powers Agency, as a part of a unanimous action of the Board of such Agency at a regular meeting thereof held on March 19, 1987, is hereby ratified and re-affirmed. PASSED AND ADOPTED by the City Council of the City of Tustin, California, this ..... day of ............ , 1987. ATTEST' Mayor dity Clerk TRAN . ORTATION CORRIDc . .AGENCIES FooehilllEagern Tran .lmrtatlon Corridor San Joa n Hlll ?ran portatlon Corridor March 30, 1987 TO: Members of the Board FROM: Ben Bay, Chairman Foothill/Eastern Transportation Corridor Agency John Meyer, Executive Director SUBJECT: Legislative Program As previously reported, our 1987 legislative program has been made very difficult by severe time constraints. In an attempt to meet these deadlines we have vigorously pursued every aspect of the proposed legislation. However, we find that the wheels of progress are grinding very slowly at some of the other agencies whose assistance is desired and required. The following is a-recap of recent happenings: On February 18, 1987, the objectives and format of the legislative program, evolved from prior meetings with state legislators, 'and Orange County. Transportation Commission and Board of Supervisors' staffs, were described in a memorandum to the Boards of the Agencies. On March 12, 1987, the Boards of both agencies unanimously approved this 1987 legislative program, described in detail in the enclosed March 4th memorandum supplemented by two undated memoranda .entitled "Definition of Administrative Expenses" and "Stand-by User Fee Authority." On March 13, 1987, by separate letters, the Agencies requested the Orange County Board of Supervisors and the Orange County Transportation Commission to join with the Agencies in support of this legislative program. To date, 'neither the commission or the Board has taken any action. We understand, however, that the matter has been referred to the Legislative Planning Committee of.the Board of Supervisors for consideration at the April 9th meeting. We also have been assured that the "clean-upm bill will be on the agenda of the Commission meeting on April 13th with a positive recommendation. Their position on the other two items is not clear at this time as discussions on the staff level are continuing. On March 16, 1987, we met with Senators Seymour and Bergeson to present the formal request of the Agencies for introduction of these three bills. Copies of these letters of request are enclosed. 3347'Michel~on Drive, Suite 450. IrWne, California 92715 553-0867 Transportation Corridor Agencies Re= Legislative Program Page Two To date, no bills have been introduced. We have been asked to secure and demonstrate more local support for this legislation, such as the Board of Supervisors, the OCTC, all agency members and councils as well as the BIA. OCTCts staff insisted on the latterts endorsement of the administrative expenses issues. Enclosed is a copy of the BIA letter supporting this legislation. As indicated, the Commission.and Board of Supervisors have not acted yet. However, because of the tight legislative schedule for 1987, it is apparently necessary to secure immediate adoption of resolutions of support from the city councils of our Agency members, in addition to their representatives on the Boards of the agencies. Therefore, we respectfully request that you present o~r Agency Legislative Pro, ram for 1987 to your council for formal ratification and re-affirmation by letter. Although a resolution may be'more time consuming, we are enclosing a sample form in the event your city is more comfortable with the resolution format. Foothill/Eastern Corridor Agency o~n Meyer, Executiv~,D~rector -- Enclosures TRANSPO . I ATION CORRIDOR 3347 Michelson Drive. Suite 450 Irvine, California 92715 (714) 553-0867 March 16, 1987 ,GENCIES Foothill/Eastern Corridor Chairman. Ben Bay Mayor. City of Analm'm Memb~rr' CiO o[ Anaheim San Juan Copistrano lrvin~ Santa Aha The Honorable John Seymour Member, California State Senate State Capitol, Room 5087 Sacramento, California Re: Eastern and Foothill Transportation Corridor Joint Powers Agency and San Joaquin Hills Transportation Corridor Joint Powers Agency of Orange County Legislative Program for 1987 Dear Senator Seymour: On March 12, 1987, the Boards of the Eastern and Foothill Transportation Corridor J~int Powers Agency and the San Joaquin Hills Transportation Corridor Joint Powers Agency of Orange County unanimously approved the legislative program for 1987, described on the' enclosed memorandum dated March 4, 1987 as supplemented by the enclosed undated memoranda entitled "DEFINITION OF ADMINISTRATIVE EXPENSE~" and "STAND-by USER FEE AUTHORITY". · - The unanimous consensus of the county of Orange and the 10 cities which collectively comprise the members of the Joint Powers Agencies is that this legislation is essential to enable the Agencies to accomplish their objective of designing, financing and constructing these Transportation Corridors, which comprise a major cornerstone of the current and anticipated regional transportation needs of.Orange County. On behalf of the Boards of th?se Agencies ag~ ~eir cities and County member public agencies, we respectfully ask for your assistance in securing adoption of legislation in the for~described in these enclosures as the "Financing Bill#. This bill would clarify and supplement the ability of the Joint Powers Agencies to adequately finance the objective for which they were formed, construction of the Eastern, Foothill and San Joaquin Hills Transportation Corridors. 'It would add regional transportation facilities to the multitude of other facilities capable of being financed by installment issue revenue bonds by the Joint Powers Agencies. It also would clarify the Joint Powers Agencies, eminent domain powers which might be necessary. to implement the programs of the Agencies. Further, it enables Senator John SeymoUr Re: Joint Powers Agenciest 19S? Legislative Program Page Two the JPA member agencies, comprising approxiaately 3/4 of the population of Orange County, to take advantage of what currently is happening in Washington in the form of HR2, recommended by the nference ~ommittee Report, authorizing special federal lnancing of a user fee authority project located in Orange County if construction can be started within 5 years. This latter authority, you will note, is utilizable under the draft of this proposed legislation only upon a specific finding by the Boards of the Agencies that adequate financing of the portion of the costs of these projects not funded by developer fee contributions is not available from any federal, state or other source. Thus, it clearly comprises only an ultimately necessary backup authorization, and one that may be singularly appropriate in view of the present amendments of HR2. The full resources of both Agencies. and its members will be available, at your discretion, to provide any assistance you may wish, in the adoption of this legislation. -- - . _ We look forward to ~~g~t~h~Uo~O~~~ reso~ving Orange County,s number one g goods and people expediently. Sinc. erely, John Meyer ~--~ ~ Executive Director JM:kb Enclosures TRANSPO . I'ATION CORRIDOR .,GENCIES 3347 Michelson Drive, Suite 450 Ca--max' Thomas F. R//ey Supervisor. County Irvlne, Califomia 92715 (714) 553-0867 JoAn Mey~. £x~cua'o~ Dir~gor .March 16, 1987 Mtrnb~rs.. City of Costa Mesa Newport Beach San ~n~ Foothill/Eastern Chairmax' B~n Bay Mayoc City Membw~' City of Anaheim ~m Juan Capistnmo lrvinw Santa Ana Orung~ T~sUn San Cltrnent~ Yorba Linde The Honorable Marian Bergeson Member, California State Senate State Capitol, Room 4082 Sacramento, California Re: Eastern and Foothill Transportation Corridor Joint Powers Agency and San Joaquin Hills Transportation Corridor Joint Powers Agency of Orange County Legislative Program for 1987 Dear Senator Bergeson: On March 12, 1987, the Boards of the Eastern and Foothill Transportation Corridor Joint Powers Agency and the San Joaquin Hills Transportation Corridor Joint Powers Agency of Orange County unanimously approved the legislative program for 1987, desc~ibed, o~ ~he enclosed memorandum dated March 4, 1987. as supplemen=eQ Dy the enclosed updated memoranda e ' .~T..~. ...... - ......... ntitled . n and "STAND-BY USER FEF AUTHORITY. _ The unanimous consensus of the County of Orange and the 10 citie which co11~ctively comprise the members A~ ~_ ,_._~ _ s igenci.s ti that this 1.gislation ts .ssl;t~ i~'~a~letr~. Agencies to accomplish'their objective of designing, financing and constructing these Transportation Corridors, which com rise major cornerstone of the current a~ --~=-=--~ ..... P a · '~ ~-~p~eu regional transportation needs of Orange County. On behalf of the Boards of these Agencies and their cities and County member public agencies, we respectfully ask for your assistance ~n seeuring the adoption of legislation in the forms described in these enclosures as the "Clean-Up Bill. and the "Preservation of the Program Bill#. The "clean up" legislation would do the following: 1. · Clarify that the administrative expense calendar year begins with 1986 rather than 1987~ Clarify that the administration expense limitation is $300,000 per agency, rather than $600,000 per member or for. all agencies now or hereafter formed~ Senator Marian Bergeson Re: Joint Powers Agencies~ 1987 Legislative Program March 16, 1987 Page. Two · Add a definition of "administrative expenses" and clarify the concomitant definition of "construction" expenses~ and · Clarify that the statutory requirement for agency member to collect residential fees as a condition of building permit issuance is not impaired by AB 3314 of last year· The "preservation of program" legislation will provide an orderly transition of Jurisdiction to new public agencies which may include territory previously within agency members, by incorporations, annexations or detachments. Basically, it provides that the prior commitments of these predecessor governmental organizations will not be impaired by a change of organization or reorganization proceeding under the Cortese-Knox Act. The full resources of both Agencies and its members will be available, at your discretion~ to provide any assistance you may wish, in the adoption of this legislation. We look forward to working with you towards resolving Orange county,s number one ' challenge, that of moving goods and people expediently. Sincerely, Executive Director EXHIBIT A Members present and voting affirmatively were: Ae en Bay, Mayor of th .V. ice Chairman . Gene 4.- e Ci_t.y of Anaheim W-o41er Yo Counctlmember -embers-Tho. as F. Riley, ~emberrbao~i~hdea Orange County Board of Supervisors; Tom Mathews, alternate and additional · representative of the Oran e Co Supervisors~ g unty Board of D~rry Agran, Mayor of the ck Edgar, Mavo~ ~- --- -.. y .~Da~n_Y.oun_g, Mayor of the lemente. ~or u~ =ne C~ty of San Be a t s ota Chairman - Tom Riley, member of the Orange County Board of Supervisors (represented by alternate, Mark Goodman, executive aide)~ Vice Chairma, _ ~Young, Mayor of the City of Santa Members - John Cox, Ma~or of the City of Newport Beach~ Dorm Hall, Mayor of the City of Costa Mesa~ Ken Friess, Mayor of the City of San Juan Captstrano~ and Bob Llmberg, V~ce Mayor of the City of San Clemente. 31FI orans coun j re ion buildino~ industrq association of'southern california, inc. March 25, 1987 Mayor Ben Bay, Chairman Foothill/Eastern Transportation 3347 Michelson Drive, Suite 450 Irvine, CA 92715 Corridor Agency Dear Mayor Bay: This is to confirm that the Board of Directors of the Building Industry Association, Orange County Region (BIA), at its meeting of March 9, '1987, voted to support the Oran'ge County Transportation Corridors Joint Powers Agencies' Legislative Program for 1987-88. As you may know, the BIA has served as an Ad Hoc member of the JPAs, at the direction of the Board of Supervisors, since 1985. Through the BIA, as well as through our individual member firms, the industry has contributed time, effort and money in unwavering support of the long-defined goals of- the Corridor Agencies--to "design, acquire, and construct" the Foothill/Eastern and San Joaquin Hills Transportation Corridors. We hage carefully reviewed the three proposed bills drafted by Nossaman, Guthner, Knox & Elliott which have been titled "Administrative Cleanup," "Preservation of the Program," and "Stand-by User Fee Authority." While the legislation may need further refinement and, particularly in the-case of the last.of these three bills, be more appropriately designed aA a two-year bill, it is nevertheless critical, that this legislative package move forward now. _. / It has been suggested that further demonstration of "local support" is needed in order for controversy over this legislative program to be minimized. While adoption of individual resolutions of support from the affected public agencies would be ideal, we believe each of these public bodies' is adequately represented on the JPAs themselves. The official sanction of the legislative program by the Corridor Agencies on March 12, subject to further affirmation during the evolution 2001 East Fourth Street, Suite 224 Santa An~, CA 92705 (714) 547-3042 ~ayor Bed. Bay March 25, 1987 Page 2 of the bills, seems sufficient to justify the whole-hearted support o~ our organization, and a~l o.ther interested parties in completing these long-planned transportation improvements loc DUC County. If ~e can provide further input or answer any questions regarding this matter please do not hesitate to contact me. Sincerely, skine %x~__~xecut ive Director JPE/jch cc: Senator Marian Bergeson Senator John Seymour Orange County Board of Supervisors Orange County Transportation Commission John Meyer, JPA Jim Erickson, JPA BIA/OCR Board of Directors NOSSAMAN. GUTHNER. KNOX & ELLIOTT bIENORANDUM TO: FROM: DATE: RE: Foothill/Eastern Transportation Corridor Agency San Joaquin Hills Transportation Corridor Agency ~ames E. Erickson Hatch 4, 1987 Legislative Program Your Executive Director, John Meyer, and ourselves have prepared drafts of proposed legislation to resolve outstanding questions regarding the authority of the JPAs to accomplish their purposes. The attached drafts consist of three bills that address the following 'issues: 1. The 'Clean-Up' Bill A. Clarifies that the calendar year administrative expenses authorization includes 1986, as the following years. as well B. Clarifies that the annual budget authorization for administrative expenses applies to each ~PA, rather than their individual agency members or all JPAs now or hereafter formed under such generic legislation. C. Clarifies that the definition of 'construction' expenses include the cost of design, acquisition of right-of-way, administration of construction contracts, actual construction, and environmental, engineering, accounting, legal, and other such services necessary for such construction. : D. Clarifies the relationship of Government Code $50377.5 (i.e., the AB 3314-Leonard bill amendments from last year) and provisions o£ Government Code ~$6484.3 and 50029 on the timing of collection of fees, thereby permitting the existing fee collection process as.a condition of building permit issuance to continue without legal question. THIRTY-FIRST FLOOR, 445 SOUTH F]GUEROA STREET · LOS ANGELES. CALIFOltNIA 90071-1635 · (213) 612-7~0 CENTER TOWER. 630 TOWN CENTER DRIVE. SUITE 12f4 · COSTA MESA. CALIFORNIA 92626-1911 · ('/14) THIRD FLOOR. IiX) THE EMBARCADERO · SAN FRANCISCO. CALIFORNIA 9410~-1295 · (415) SIXTH FLOOR, 1140 IJTH STREEt. N.W. · WASHINGTON. D.C. 20036.66~ · (202) SUITE ~0. 1010 I ITH $1'REh'r · SACRAMENTO. CALIFORNIA 9f~i4 · ffi6) 442-02~ NOSSAMAN, GUTHNEIL KNOX 8 ELLIOTT 2. The 'PreservatiOn of the Program' Bill A. Provides that no change of organization or reorganization will impair the prior commitment of predecessor governmental organizations to the JPA programs. B. Clarifies LAFCO's current authority to condition changes of organization or reorganization to require successor governmental organizations to honor the prior commitments of predecessor governmental organizations regarding the JPA programs. C. Provides that successor governmental organizations to predecessor member agencies of the JPAs are bound by the 'debt and obligation' of revenue bonds authorized by the JPA, including installment bonds authorized but not yet. 3. The "Financing" Bill A. Clarifies that the JPA, as an independent agency, can engage in 'installment' authorization and issuance of revenue bonds for the purpose, in addition to those now authorized, of constructing bridges and major thoroughfares. B. Clarifies the JPAs' eminent domain powers necessary to implement the JPA program. C. Provides authorization for stand-by user fee authority, in the event that no federal, state or other funding sources are available to pay for that portion of project costs not funded by existing development fees. 1181E -2- JOINT POWERS AGENC~ LEGISLATIVE PROGRAM BILL SUMMARY MEMORANDUM March '4, 1987 SB Introduced SUBJECT: Clarification of Government Code ~66484.3 pertaining to financing for joint powers agencies (established pursuant to Chapter 5, Division 7, Title I of the Government Code) in Orange County for purposes of constructing bridges and major thoroughfares (The 'Clean-Up' Bill). AMENDED: STATUs: Draft Bill SUMMARY Existing law provides that Orange County and the cities of that county may, to further the purposes of a joint powers agreement established for the construction of bridges or major thoroughfares, under Government Code Sections 66484.3 and 50029, impose the requirement of payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit, and expend a Portion of such fees for 'administrative expenses.' This bill provides clarifing technical amendments which accomplish the following.' (1) Clarifies that the calendar year during which "admi. nistrative expenses' may be expended includes the. calendar year 1986, as well as the following years. (2) Clarifies that the annual budget authorization: applies to each joint powers agency created and authorized to utilize Government Code ~66484.3, rather than each individual member of such agency, or collectively, all of such agencies now or hereafter formed under such gene~ic legislation. (3) Clarifies that the definition of ".construction' expenses include the Cost of design, acquisition of right-of-way, administration of construction- contracts, actual constructio_n, and environmental, engineering, accounting, legal and other such services necessary for such construction. (4) Clarifies that the definition of "administrative' expenses include 'office, personnel, and other customary and normal expenses associated with the day-to-day management. ' (5) Clarifies the relationship of Government Code ~50377.5 [as amended in the last session by AB 3314 (Leonard)] to Government Code ~66484.3, regarding the timing of certain fee collection processes, in a manner that perserves the intent and administration o£ both sections, and continues the existing fee collection program as a condition of building permit issuance. 1182E -2- ! · The "Clean-Up" Bill SEC. 1. Section 66484.3 o£ the Government Code is amended to read: (a) Notwithstandina any other provision of lawo · ~he Board 0£ Supervisors of the County of Orange and the city council of any city in that county may, by ordinance, require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. (b) The local ordinance may require payment of fees pursuant to this section ~f: (1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to the' transportation provisions or flood control provisions of the general plan which identify railways, freeways, strea~s, or canyons for which bridge crossings are required on general plan or local roads and in the case of ma~or thoroughfares, to the provisions of the circulation element which identify those ma~or thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to or which is part of the state highway system, and the circulation element, transportation provisions, or flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or application for a building permit. Bridges which are part of a major thoroughfare need not be separately identified in the transportation or flood control provisions o£ the general plan. (2) The ordinance provides that there will be a public hearing held by the governing body for each area benefited. Notice shall be given pursuant to Section 65905. In addition to the requirements of Sectisn 65905, the notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map. or . building permit application considered at the proceedings. (3) The ordinance provides that at the public hearing., the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment are established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to -2- the ma~or thoroughfare. A description o£ the boundaries of the area of benefit, .the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the governing body, a certified copy of which shall be recorded by the governing body conducting the hearing with the recorder of the county in which the area of benefit is located. The resolution may subsequently be modified in any respect bY the governing body. Nodifications shall be adopted in the same manner as the original resolution. Any modification shall be subiect to the protest procedures prescribed by paragraph (6) of this subdivision. The resolution may provide for automatic periodic adjustment of fees based upon the Department of Transportation, without further action of the governing body, including, but not limited to, public notice or hearing. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for any of the property or portions of the property, l~here the area of benefit includes lands not subject to the payment of fees pursuant to this section, the governing body shall make provision for payment of the share of improvement costs apportioned to those lands from other sources, but those -3- ! ! sources need not be identified at the time of the adoption of.the resolution. (4) The ordinance provides that payment of fees shall not be required unless the ma~or thoroughfares are in · addition to, or a reconstruction or widening of, any existing major thoroughfares serving the area at the. time of the adoption of the boundaries of the area of benefit. (5) The ordinance provides that payment of fees shall not be required unless the planned bridge facility is an o~iginal bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Fees imposed pursuant to this section'shall not be expended to reimburse the cost of existing bridge facility construction, unless these costs are incurred in connection with the construction of an addition to an ' e existing brldg for which fees may be required. (6) The ordinance provides that if, within the time when protests may be filed under its provisions, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of: the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings sha~l be -4- abandoned,, and the legislative body shall not, year from the filing of that written protest, carry on any proceedings for the same improvement or acquisition under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the legislative body. Nothing in this section shall preclude the processing and recordation of maps in accordance with other provisions of this division if proceedings are abandoned. Any protests may be withdrawn in writing by the owner who'filed the protest, at any time prior to the conclusion of a public hearing hel~ pursuant to the ordinance. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so.~rotested against shall be barred for a period of one year, but the legislative body shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the legislative body, within the one-year period, from : commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners 9f more than for one commence o -5- one-hal£ of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. (c) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned bridge facility or ma~or thoroughfare fund. A fund shall be established for each planned bridge facility pro~ect or each planned ma~or thoroughfare pro~ect. If the benefit area is one in which more than one bridge or major thoroughfare is required to be constructed, a fund may be so established covering all of the bridge or maior thoroughfare projects in the benefit area. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the county or a city for the cost of constructing the improvement. (d) An ordinance adopted pursuant to this section may provi'de for the acceptance of considerations in lieu of the payment o£ fees. : (e) The county or a city imposing fees pursuant to this Section may advance money from its general fund or road fund to pay the cost of constructing the improvements and may reimburse the general fund or road fund from -6- planned bridge facility or major thoroughfares £uhds established to finance the construction of the ~~~ improvements. (f) The county or a city imposing fees pursuant to this section Jay incur an interest-bearing indebtedness for the construction of bridge £acilities or major thoroughfares. The sole security for repayment of the indebtedness.shall be moneys in planned bridge facility or ma~or thoroughfares £unds. (g) The term 'construction,' as used in this section, includes design, acquisition of right-of-way, administration of construction contracts, ~d/actual construction, and environmental, enai'neerina, accountina. leaal, and other such services necessary therefor, and also' includes reasonable administrative expenses, not exceeding six hundred thousand dollars ($600,000) in any calendar year incurred in association with those activities after January 1. 1986 by each a~encv create~ Dursuant to ~oint Dowers aareement or otherwise for the DurDo~es of constructin~ the bridaes and mato~ thoroughfares referred to in this section. : ~Administrative exDenses' as used herein means office. Dersonnelo and other customary and no~al expense= associated with the day-to-day manaaement of activities referred to in the Drecedin~ sentence. -- (h) Nothing in this section shall be construed to preclude the County of Orange or any city within that county from providing funds £or the construction o£ bridge £acilities or ma~o£ thorough£ar~s to de£ray costs not allocated to the area of benefit. (i) Any city within the County of Orange may require the payment of fees in accordance with this section as to ~ any property in an area of benefit within the city's boundaries, for facilities shown on its general plan or the county's general plan, whether the £acilities are situated within or outside the boundaries of the city, and the county may expend fees for facilities or portions thereof located within cities in the county. (~) The validity of any fee required pursuant to this section shall not be contested in any action or proceeding unless commenced within 60 days after recordation of the resolution described in paragraph (3) of subdivision (b). The provisions of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil PrOcedure sba1! be ap~licable to any such action or proceeding. This subdivision shall also apply to modifications of fee programs. SEC. 2. The Leaislature finds and declares that the provisions of subdivisions (al and fa) o[ Section 66484.3; -- as amended by this act are declaratory of existina law. _ o -8- SEC. 3. This act is an uroencv statute necessary the immediate Dreservation of the public oeace, health. safety within the mean~na of Article IV'of the Constitution and shall 0o into immediate effect. The facts constitutina the necessity are~ There is vresently a transvortation crisis within Oranae County due to the lack of funds for constructinu -- bridaes over waterways, railways, freeways, and canyons, or for constructinq ma!or thoroughfares. This crisis is affectina the veople of the State within Oranae County an8 elsewhere. This act will alleviate that crisis b~ clarifyina the authority of the Board of SuDervisors of the County of Orance and city councils within that count% to reauire the vavment of fees for Vurvoses of defrayin~ the actual or estimated cost of constructina bridces ove~ waterways..railwavs, freeways, and canyons, or constructina ma!or thorou0hfares, and to make apDropriate administrative expenditures for such purposes. _ 1183E -9- JOINT POWERS AGENCY LEGISLATIVE PROGRAM BILL SUMMARY MEMORANDUM March 4, 1987 Int~oduced SUBJECT: Revisions to the Cortese-Knox Local Government ReorganiZation Act of 1985 (Division 3, Title 5 of the Government Code), and Government Code Section 66484.3 (The 'Preservation of Program' Bill) AMENDED= STATUS: Draft Bill S~RY: Existing law defines for the powers and duties of a Local Agency Formation Commission (LAFCO) to approve a 'change in organization' or a 'reorganization' by incorporation, annexation or detachment of a city, and provides for the establishment of a program by the County of Orange and any city in that County to finance and construct bridges and major thoroughfares. This bill provides the following substantive changes in such powers and duties and Orange County bridge and major thoroughfare construction program: (1) Clarifies authority of LAFCO to condition a change in organization or reorganization to require successors to any signatory agency to a joint exercise of power~ agreements established pursuant to Chapter 5, Division 7, Title 1 of the Government Code, to honor commitment of their predecessor agency member of the joint powers agency. (2) Requires successor local agencies established through a change of organization or a reorganization to any local agency signatory to a joint exercise of powers agreement, established pursuant to Chapter 5, Division 7, Title 1 of the Government Code to honor all previous contract commitments made by either the predecessor signatory party to the joint exercise of powers agreement or by the entity created by the ~joint ezercise of powers ag reement. 1184E -2-- The 'Preservation of Program' Bill The people of the State of California do enact as follows: SEC. 1. Section 56121 of the Government Code is amended to read as follows: Section 56121. ~No change of organization or reorganization, or any term or condition of a change of organization or reorganization, shall impair the rights of any bondholder or other creditor of any county, city, or district. Nor shall any chanae of oraanization o~ reor-oanization, or any term or condition of a chan~e of organization or reorganization, impair the contract riohtso or contracts entered into by a public entity -- created by a joint exercise of Dowers a~reement established pursuant to Article 1. Chapter 5. Division 7, Title I of the Government Code. tO enforce the reva%,~ent of any revenues reouired to retire such bonded indebtedness established vursuant to such a ~oint exercise of Dowers a~reement, aoainst any successor to a county, or city gianatorv to such a !oint exercise of'vower~ _ aareement, in a manner similar to any bondholder o. ' creditor of any county, city or district as established b~ this section, SEC. 2. Section 56844(s) Of the Government Code, the permitted terms and conditions of.a change of organization or reorganization, is amended to read as follows: Section 56844(s). The levying of a benefit assessment, reg~~4~~arding ~ Section 50029, or the~. approval by the voters of a special tar. For DUrDOSeS of this section, imposition of a fee as a direct reaulation of land use. Drovertv develooment o~ subdivision reauirementsL SEC. 3. Section 57376 of the Government Code is amended to read as follows: /Al If the newly incorporated city comprises territory formerly unincorporated, the city council shall, immediately following its organization and prior to performing any other official act, adopt an ordinance providing that all county ordinances previously applicable shail remain in full force and effect as city ordinances for a period of 120 days after incorporation, or until the city council has enacted ordinances superseding the county ordinances, whichever occurs first~ County of Oranoe. has adopted an ordinance or resolution, or both. Dursuant to Sections 66484.3 or 50029 of the Government within that county, such ordinance or resolution may not bc -- -2- The ordinance enacted by · shall provide that no city ordinance enacted within that 120-day period of time be deemed to supersede any county ordinance unless the city ordinance specifically refers to the county ordinance, and states an intention to supersede it. Enforcement of the continuing county ordinances in the incorporated area shall be by the city, except insofar as enforcement services are furnished in accordance with'Section 5?384. /b~ In the event that the County of Oran_~e and any citk for the Vur_~ose of constructina the brid_~es and ma4o, a newly incorvorated city within that count_v comDrises -3- · o o subse~uen~ modifications thereof. thereto~ SEC. 4. Section 66484.3 of the Government Code is amended to read as follows: (a) The Board of Supervisors of the County of Orange and the city.council of any city in that county may, by ordinance, require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. (b) The local ordinance may require payment of fees pursuant to this section if: (1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to the transportation provisions or flood control prOVisions of the general plan which identify railways, freeways, streams, or canyons for which 'bridge crossings are required on general plan or local roads and in the case of major thoroughfares, to the provisions of the circulation element which identify those major thoroughfares whose primary purpose is to carry through:traffic and provide a network connecting to or which is part of the state highway system, and the circulation element, transportation provisions, or flood control provisions have been adopted by the local agency 30 days prior to the filing of -4- a map or application for a building permit. part of a ma~or thoroughfare need not be separately identified in the transportation or flood control provisions of the general plan. (2) The ordinance provides that there will be a public · -hearing held by the governing body for each area benefited. Notice shal~l be given pursuant to Section 65905. In addition to the requirements of Section 65905, the notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at.the proceedings. (3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment are established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a Bridges which -5- resolution of the governing body, shall be recorded by the governing body conducting the hearing with the recorder of the county in which the area of benefit is located. The resolution may subsequently be modified in any respect by the governing body. .Modifications shall be adopted in the same manner as the original resolution. Any modification shall be subject to the protest procedures prescribed by paragraph (6) of this subdivision. The resolution may provide for automatic periodic adjustment of fees based upon the Department of Transportation, without further action of the governing body, including, but not limited to, public notice or hearing. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for any of the property or portions of the property. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the governing body shall make provision for payment of the share of improvement costs appor~ioned to those lands from other sources, but those sources need not be identified at the time of the adopti6~ of the resolution.. (4) The ordinance provides that payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction or widening of, any existing major · a certified Copy of which -6- thoroughfares the boundaries of the area of benefit. (5) The ordinance provides that payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Fees imposed pursuant to this section shall not be expended to reimburse the cost of existing bridge facility construction, unless these costs are incurred in connection with the construction of an addition to an existing bridge for which fees may be required. (6) The ordinance provides that if, within the time when protests may be filed under its provisions, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-hal~ of that to be benefited, then the proposed proceedings shall be abandoned, and the legislative body Shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the legislative body. serving the area at the time of the adoption of ~~~ -7- Nothing in this section shall preclude recordation of maps in accordance with other provisions of this division if proceedings are abandoned. Any protests may be withdrawn in writing by the owner who filed the protest, at any time prior to the conclusion of a public hearing held pursuant to the ordinance. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of One year, but the legislative body shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested agai'nst. Nothing in this section shall prohibit the legislative body, within the one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be · benefited are in favor of going forward with that portion.of the improvement or acquisition. (c) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planDed ~ajor the processing and ~~~ -8- thoroughfare project. If the benefit area is one in which mot. '~~ than one bridge or major thoroughfare is required to be '- constructed, a fund may be so established covering all of the bridge or major thoroughfare projects in the benefit area. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the county or a city for the cost of constructing the improvement. (d) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees. (e) The county or a city imposing fees pursuant to this section may advance money from its general fund or road fund to pay the cost of constructing the improvements and-may reimburse the general fund or road fund from planned bridge facility or · major thoroughfares'funds established to finance the construction of the improvements. (f) The county or a city imposing fees pursuant to this sectign'may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares, The sole security for repayment of the indebtedness shall be moneys in planned bridge facility or major thoroughfares funds. (g) The term "construction," as used in this section, includes design, acquisition of right-of-way, administration of -9- construction contracts, an~ ~ctua! construction, and includes reasonable administrative expenses, not exceeding six hundred thousand dollars ($600,000) in any calendar year incurred in association with those activities. (h) Nothing in this section shall be construed to preclude the County of Orange or any city within that county from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit. (i) Any city within the County of Orange may require the payment of fees in accOrdance with this section as to any · property in an area of benefit within the city's boundaries, for facilities shown on its general plan or the county's general plan, whether the facilities are situated within or outside the boundaries of the city, and the county may expend · fees for facilities or portions thereof 10cated within cities in the county. (j) The validity of any fee required pursuant to this section shall not be contested in any action or proceeding unless commenced within 60 days after recordation of the resolution described in paragraph (3) of subdivision (b). The provisions of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure shall be applicable to any such action or proceeding. This subdivision shall also apply to modifications of fee programs. -- -10- Ck) Notwithstandin~ an_v other pro'vision of- law, if thc County of Oran_~e and any city within that county have entere~ into a _4pint powers aareement for the purpose of constructinc_ the brid_~es and ma_4or thoroughfares referred to in Sections 66484.3 and 50029, and if a proposed chan~e of organization or reoruanization includes any territory of an area of 'benefit established pursuant to Section 66484.3 and 5002'9, within a successor local a0enc¥, no such local aoencv shall take any action that would impair, delay, frustrate, obstruct, or otherwise impede the construction of the bridces and major thorou_~hfares referred to in this section. SEC. 5. The Le_~islature finds and declares that the provisions of Section' 2 of this Act are declaratory of existing 1185E -11- JOINT POWERS AGENCY LEGISLATIVE PROGPJ~I BILL SUMMARY MEMORANDUM March 4, 1987 SB Introduced SUBJECT: Revisions to the Joint Exercise of Powers Legislation (Chapter 5, Division 7, Title i of the Government Code) (The 'Financing' Bill) AMENDED: STATUS: Draft Bill SUMMARY: Existing law defines the powers and duties of an entity formed through a joint exercise of powers agreement to authorize and issue revenue bonds. This bill provides for the following substantive changes to these powers and limitations to issue revenue bonds, as well as for the addition of certain new financing tools, including user fees: (1) Provides that an entity formed pursuant to a joint exercise of powers agreement may authorize and issue revenue bonds for the additional purpose of constructing bridges and major thoroughfares. (2) Provides that an entity formed pursuant to a joint exercise of powers agreement may authorize and issue revenue bonds in 'installments.' (.3) Provides that an entity formed pursuant to a Joint exercise of powers agreement may authorize the issuance of bonds, including "installments'-type : authorizations and issuances of revenue bonds, as a separate legal entity, instead of the current requirement that individual signatories to such a joint exercise of powers agreement individually approve such revenue bond authorizations and issuances. (4) Provides authorization for an entity formed pursuant to a Joint exercise of powers agreement to supplement its financing power by the addition of user fees, in the form of, among others, a toll road authority similar to the E1 Dorado ?oll Tunnel Authority, ~n the event that the port'ion of costs not funded by development fees for the construction of bridge facilities and major thorough£ares pursuant to Government Code ~66484.3 and 50029 are not funded by federal, state or other sources. 1186E The 'Financinq' Bill The people of the State of California do enact as follows: SEC. 1. Section 6546 of the Government Code is amended to read: In addition to other powers, any agency, commission, or board provided for by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) may issue revenue bonds pursuant to this article to pay the cost and expenses of acquiring or constructing a project for any or all Of the following purposes: (a) An'exhibition building or other place for h'olding fairs or exhibitions for the display of agricultural, livestock, industrial, or other products, including movable equipment, entertainment facilities, and other facilities to be used in conjunction with holding a fair or exposition in several locations. (b) A coliseum, a stadium, a sport arena or sports pavilion or other building for holding sport events, athletic contests, contests of skill, exhibitions, spectacles and other public meetings. ~ (c) Any other public buildings, including, but not limited to, general administrative facilities of a city, county, city and county, special district, or authority. · (d) A regional or local public park, recreational area, or recreational center, and all facilities and improvements related thereto. (e) A facility or the generation or transmission of electrical energy for public or private uses and all r~ghts, properties, and improvements necessary therefor, including fuel and water facilities and resources. As used in this chapter, 'transmission of electric energy' does not include the final distribution of electric energy to the consumer. (f) A facility for the disposal, treatment, or conversion to energy and reusable materials of solid or hazardous waste or toxic substances. (g) Facilities for the production, storage, transmission, or treatment of water or wastewater. (h) Local streets, roads, and bridges. (i~ Bridoes and ma4or thorouahfares construction pursuant to Sections 66484.3 and 50029, ~X;¢j) Mass transit facilities or vehicles. ~X~(k) Publicly owned or operated commercial or general aviation airports and airport-related facilities. ~R~/.ll Police or fire stations. : ~Z~¢m) Public works facilities, including corporation yards. ~¢n) Public health facilities owned or operated by a city, county, city and county, special district, or authority. - -2- · ~Z¢o) Criminal justice facilities, including court buildings, jails,, juvenile halls, and juvenile detention facilities. ~6~¢D): Public libraries. ~Z/_q~ Publicly owned or operated parking garages. ~Z(r) Low-income housing projects owned or operated by' a city, county, city and county, or hoUsing authority. ~fZfs) Public improvements authorized in a project area created pursuant to the Community Redevelopment Law, Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code. ~Zft) Public improvements authorized pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets ~nd Highways Code, the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code, the MuniCipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code, and the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5. ~EZ/~ Equipment necessary to support the above-listed facilities or necessary to deliver public services therefrom, including, but not limited to, telecommunlcations equipment, computers, and service vehicles. -3- .~:... Bonds may be issued pursuant to this 'artiCle if the joint '$~f~t' powers entity, or its individual parties which contract pursuant to Sections 6547.5, 6547.6, or 6547.7 to make payments to be applied to the payment of the indebtedness, have the power to acquire, construct, maintain, or operate one or more of the projects specified in this section. SEC. 2. Section 6547 of the Government Code is amended to read: The power of the entity to issue revenue bonds is additional to the powers common to the parties to the joint powers agreement, but. shall not be exercised until authorized by the parties to that agreement; provided, that, in the case of the issuance of revenue bonds by a fair and exhibition authority or an entity created to construct the bridqes and _ ma4or thoroughfares referred to in Section 66484.3. such . authorization shall not be required. In the case of a project for the generation or transmission of electric energy or a project for the disposal, treatment, or conversion to energy and reusable materials of solid waste, or a project for an intermodal container transfer facility, or a ~roject for the ! construction of bri~q~s ~nd major thoroughfares Dursuant to Section 66484.3. such power shall include the power to issue notes for the purpose of financing studies, the acquisition of options, permits, and other preliminary costs to be incurred prior to the undertaking of the construction-or acquisition of -4- a project, and for the purpose of providing temporary financing of costs of construct/on or acquisition of a project. Such notes may be issued at public or private sale, and may be renewed from time to time, and the principal and interest with respect thereto may be made payable from the revenues of the entity unless paid from the proceeds of revenue bonds. Every local agency shall make any authorization, as permitted under the first sentence of this section, by ordinance. Except as provided herein, E~ such ordinance shall 'describe in general terms the project, or projects, to be funded by the revenue bonds, the mazimum amount of the bonds proposed to be issued, and the anticipated sources of revenue to redeem the bonds. In the case of an entity created to construct a oro~ect consistin~ of the bridaes and ma4or _ thoroughfares referred to in Section 66484.5. the ~uthorization to exercise the Dower of the entity to issue revenue bon~ shal! be b~ resolution of the governina body of the entity. In the case of such a Dro~ect or a project for the generation or transmission of electric energy or a project for the ~isposal, treatment, or conversion to energy and reusable materials of solid waste, or a project for an intermodal container transfer facil~ty~ E~ ~ch_ordinance or resolutio~ shall ~escribe in general terms the project or the studies or other preliminary costs therefor to be fun~ed by the revenue bonds or notes, the estimate of the mazimum amount of bonds to ~ssued for such _ -5- project or such studies or other preliminary costs, and the .:. anticipated sources of revenue or other funds to pay the principal of and interest of such bonds or notes, provided that the statement of the estimated maximum amount of such bonds or notes shali not be deemed to prevent the authorization by such ordinance or resolution of the issuance of bonds or notes by .the entity in amounts which may exceed such estimate without further authorization under such ordinance or resolution if and to the extent such additional bonds or notes shall be required to complete the financing of such project or such studies or other preliminary costs. Each such ordinance shall state that it is subject to the 'provisions for referendum prescribed by Section 3751.7 of the Elections Code. A separate authorization shall be required for each separate bond issue proposed by the entity, except that, in the case of a project for the generation or transmission of electric energy or a project for the disposal, treatment, or conversion to energy and reusable materials of solid waste, or a project for an intermodal container transfer facility, ~ Dro~ect for the construction of br~d~es and ma4or thorouahfares Dursuant to Section 66484.3. a single authorization sha~l be sufficient for bonds which may be issued in installments from time to time for a prOject or the costs of studies or other preliminary costs therefor which shall be identified in such authorization. -- -6- The requirement of an ordinance and the right to thereon shall not apply to the issuance of revenue bonds if, prior to March 4, 1971, one or more local or public agencies shall have taken formal action to implement any one or more projects to be acquired or constructed pursuant to a joint powers agreement. Formal action to implement any one or more projects shall include, but not be limited to, any of the following: (a) The incurring of liability for a substantial portion of an architectural or engineering contract or other contract relating to a project. (b) The acquisition of land or improvements for the project. (c) The making of a substantial-contribution toward the project. Notwithstanding the requirement that parties to a joint powers agreement authorize the issuance of revenue bonds, in · the case of a project which consists of the generation or transmission of electric energy financed in whole or in part by the issuance of revenue bonds, only those local agencies which contract to make payments to be applied to the payment of the revenue bonds shall be required to authorize the issuance of ! such revenue bonds. - SEC. 3. Section 6571 of the Government Code is amended to read: The bonds shall be issued and sold as the governing body -- -7- /%. may determine and for not less than par and accrued interest to?./' date of delivery, except that, in the case of a project for the generation or transmission of electric energy, a project for the disposal, treatment, or conversion of energy and reusable materials of solid waste, or a project for a purpose specified in Section 6546.6, or a project for an intermodal container transfer facility specified in Section 6546.12, or a project for a health facility specified in Section 6546.13, or a Dro~ect for the construction of brid~es and ma4or thorouchfares pursuant to Section 66484.3. or in the case of bonds of a fair and exhibition authority, the bonds may be sold at less than par if.the governing body determines that sale of the bonds at less than par will result in more favorable terms for the bonds. The sale shall be conducted in compliance with Chapter 10 (commencing with Section 5800) of Division 6 of Title 1, unless, in the case of a project for the generation of transmission, of electric energy, a project for the disposal, treatment, or conversion of energy and reusable materials of solid waste, a project for the development and construction of an i~termodal container transfer facility specified in Section 6546.12, a project for a health facility specified in S~ction 6546.13, or a project for the construction of brid~es and ma4or th0rouchfares pursuant to Section 66484.3. or in the case of bonds of a fair and exhibition authority, the governing body determines that a negotiated sale of the bonds is necessary, in -8- which case the bonds shall be sold on such te~ms as shall be '..' approved by the governing body. The proceeds from the sale (except premium and accrued interest, which shall be paid into the bond service or other fund designated or established for the payment of the principal and interest of the bonds) shall be paid into the construction fund or other fund designated by the indenture authorizing the issuance of the bonds and shall be applied exclusively to the objects and purpose set forth in such indenture, including all expenses incidental thereto or in connection therewith, and also including the payment of interest on the bonds during the period of study and construction of the project and for a period not to exceed 12 months after completion of such construction. This section shall remain in effect only until January 1, 1988, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1988, deletes or extends that date. If that date is not deleted or extended, then, on and after January 1, 1988, pursuant to Section 9611 of the ~overnment Code, Section 6571 of the Government Code, as amended by Section 3 of Chapter 914 of the Statutes of ~983, shall have the same force and effect as if this temporary provision had not been enacted. SEC. 4. Section 6571 of the Government Code, as amended by Section 3 of Chapter 914 of the Statutes of 1983, is amended to -- -9- The bonds shall be issued and sold as the governing body may determine and for not less than par and accrued interest to date of deliyery, except that, in the case of a project for the generation of transmission of electric energy, a project for the disposal, treatment, or conversion of energy and reusable materials of solid waste, or a project for a purpose specified in Section-6546.6, or a project for an intermodal contaner transfer facility specified in Section 6546.6, or a oro4ect for _ the construction of brid~es and maior thorouahfares pursuant to Section 6~454.3. or in the case of bonds of a fair and exhibition authority, the bonds may be sold at less than par if the governing body and determine that such a sale will result in more favorable terms for the bonds. The sale shall be conducted in compliance with Chapter 10 (commencing with Secton 5800) or Division 6 of Title 1, unless,' in the case of a project for the generation or transmission of electric energy, a project for the disposal, treatment, or conversion of energy and reusable materials of solid waste, a project for the development and construction of an intermodal container transfer facility specified in Section 6546.6, or a Dro~ect for _ _ the construction of bri~es and ma4or thorouahfares Dursuant to Section 66484.~. or ~n the case of bonds of a fair and exhibition authority, the governing body shall determine that a negotiated sale of the bonds is necessary, in which case the -10- read: If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting agencies may be located outside this state. It shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect 'to the geographical area in which such power is to be jointly exercised. For purposes o~ this section, two -11- or more public agencies having the power to conduct agricultural, livestock, industrial, cultural, or other fairs or ezhibitions shall be deemed to have common power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an entity created pursuant to a joint powers agreement entered into by such public agencies. . Any entity authorized by agreement to exercise a power common to a county and one or more cities shall have the further additional Dower to exercise such common Dower pursuant to the aareement with respect to any ~eographical area that was part of such county, city. or cities at the time the a~reement was entered into. notwithstandin~ any subsequent change of organization or reorganization as such terms are defined in Section 56021 and 56073, SEC. 6. Section 66484.3 of the Government Code is amended to read: Section 66484.3(f). The county or a city imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares, and may enter into 4oint exercise of Dowe.rs _ _ a0reements with other local aoencies imposing fees pursuant to this section, for the purpose of. amono others. 4ointl¥ exercising as a duly authorized ori_~inal power established by this section, in addition to those common Dowers otherwise. _ -- -12- oO p · authorized bY law to be exercised through a 4oint exercise of ~,'-/~ powers a_~reement, those powers authorized in Division 17. Chapter 5 of the Streets and Hiohwavs Code for the purpose of _ constructin_~ bridae facilities and moior thorou_~hfores. The sole security for repayment of the indebtedness shall be moneys in planned bridge facility or major thoroughfares funds. 1188E -13- STAND-BY USER FEE AUTHORITY The draft of subsection (f) of Government Code Section 66484.3, as contained in the 'Financing Bill' portion of the March 4, 1987 Legislative Program Memorandum from James E. Erickson to the Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies, is revised to read as follows: (f) The county or a city imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares, and may enter into _4oint exercise of Dowers a_~reements with other local a_cencies imDosinc fee-~ Dursuant to this section, for the Durpose of. among others, tointlv exercising as a duly authorized oriainal _ _ _ _Dower established by this section, in addition tO thos- common Dowers otherwise authorized by law to be exercised through a toint exercise of Dowers agreement, those Dowers authorized in Division 17. Chapter 5 of the Streets an~ _ Hi_~hways Code for the purpose of constructina brid_ae facilities and maior thoroughfares in lieu of a tunnel and -- appurtenant facilities. The sole security for repayment of the indebtedness shall be moneys in planned bridge ! ! facility or ma~or thoroughfares funds. In no event. however, shall the Dowers authorized in Division 17, _ Chapter 5 of the Streets and Hiahwavs Code be exercise~ _ unless a resolution is' first adD.ted by the leoislativ~ _ _ body of'such aaenc_v finding that ade~_uate -fundinq for the _~ortion of the cost of co~structin_o such bridge facilities _ and ma4or thorouahf~res not funded by the develoDment fee~ collected by the agency is not available frQr~ an_v federal. skate or other sourc-. [Additions are indicated by underlining.] 03/06/87 ! DEFINITION OF ADMINISTRATIVE EXP~NSES The draft of subsection (g) of Government Code Section 66484.3, as contained in the "Clean-Up Bill" portion of the March 4, 1987 Legislative Program Memorandum from James E. Erickson to the Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies, should be revised to read as follows: (g) The term "construction, as used ~n this section, includes design, acquisition of right~-of-way, administration of construction contracts and actual construction, includino but not limited to all direct and indirect environmental, en0ineerinq. 8ccountino. leoal and other such services necessary therefor, and also includes reasonable administrative expenses, not exceeding h~~e~-~h~sa~d-d~}a~s-~$6$~?~6~ three hundred thousand dollars ($300.000) in any calendar year &~s~e~a~e~-w~k-~kese-ae~v~es after January 1. 1986., as ad4usted annually for any increase or decrease in the Consumer Price Index of the Burea~ of Labor Statistics of the U. S. Deoartment of Labor for ~11 Urban Consumers. Los Anaeles-Lon= Beach-Anaheim. California ¢1967-100). as oubl~shed by the U. 8. Deoartment of Commerce. by each aaencv created Dursu~t tO Government Code Section 6500. et sea. for'the purpose of constructin= such bridaes and ma4or thorouahfares. "Administrative exoenses" means _ _ _ ~hose office, oersonnel, and o~her customary and normal exDenses associated with the direct manaoe.,,ent an~ administration of any such s_oenc¥, however, not ~ncludina -- costs of constructio~. [Additions are indicated by underlining; deletions are indicated by interlineation. ] 03/06/87 JEE ,