HomeMy WebLinkAboutRDA C.T. WELLHEAD PROJ 9-3-85TO:
FROM:
SU BJ ECT:
WILLIAM HUSTON, EXECUTIVE DIRECTOR
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
COLUMBUS-TUSTIN WELLHEAD PROJECT
RECOMMENDATION:
That the Tustin Community Redevelopment Agency, at their meeting of September 3,
1985, adopt the attached Resolution accepting works of improvement for the
Columbus-Tustin Wellhead Project and authorize the recordation of the Notice of
Completion for said work.
BACKGROUND:
On January 21, 1985, the Agency awarded a contract to Caliagua, Inc. of Anaheim
for the construction/installation of the Columbus-Tustin Wellhead Project. This
project included the pumphouse structure, motor, pump, piping and electrical work
to provide a water producing facility.
This well facility was put into operation on. August 8, 1985.
DISCUSSION:
All work has been completed to the satisfaction of the Public Works/Water
Department, State Health Department and as outlined in the plans and
specifications.
The final contract amount was $166,224.26 which included an extra work item in the
amount of $3,682.26 for a 2.2% contract overrun. This extra work was caused by a
change in Edison Company requirements after initial plan approval by that agency.
The attached Resolution provides for the Agency's acceptance of the works of
improvement for the Columbus-Tustin Wellhead Project and the authorization for
recordation of the Notice of Completion for the subject project.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
Attachment
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RESOLUTION NO. RDA 85-12
A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF TUSTIN ACCEPING WORKS OF
IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE
OF COMPLETION FOR COLUMBUS-TUSTIN~WELLHEAD PROJECT
WHEREAS, Caliagua, Inc., having a contract with the Tustin
Community Redevelopment Agency to construct the hereinafter described public
work and improvement; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said public improvements hereinafter mentioned
in a manner satisfactory to the Agency Members of the Tustin Community
Redevelopment Agency; and
WHEREAS, the Agency finds that said contractor has completed
said public improvement hereinafter more particularly described in accordance
with the provisions of the contract documents and the notice of completion and
acceptance of said public work and improvement should be filed and payment of
the balance due said contract authorized in accordance with the contract
documents.
NOW, THEREFORE, BE IT RESOLVED by the Agency Members of the
Tustin Community Redevelopment Agency that said public work and improvement be,
md the same is hereby accepted. Said public work and improvement is more
)articularly described as follows:
COLUMBUS-TUSTIN WELLHEAD PROJECT
AND BE IT FURTHER RESOLVED that the City Engineer of the City
)f Tustin be, and is hereby authorized to execute and file a notice of
completion and acceptance of said public work and improvement described herein
as required by law.
PASSED AND ADOPTED at a regular meeting of the Tustin
Community Redevelopment Agency of the City of Tustin on September 3, 1985.
Chairperson
Tustin Community Redevelopment Agency
ATTEST:
Secretary
DATE:
AUGUST 30, 1985 Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
RECOMMENDATION:
That the Tusttn City Council, at their meeting of September 3, 1985, approve
and/or authorize the following items pertaining to the Major Thoroughfare and
Bridge Fee Program for the Foothill/Eastern Transportation Corridors:
Schedule of processing
,Public hearing date/time of Tuesday, October, I, 1985 at 7:00 p.m.
Public notice format
Mailing of public notices
Supplemental budget appropriation of $6,500.00 for processing costs
BACKGROUND:
The purpose of this memo is to establish a processing $~hedule which will enable
the City Council to review the necessary procedures that are required to create
the Foothill/Eastern Transportation Corridor Agency. It is further assumed that
the City would be a participating member of a nine member Joint Powers Agency.
DISCUSSION:
The following is a suggested schedule for processing the Major Thoroughfare and
Bridge Fee Program (MT & BFP) for the Foothill/Eastern Transportation Corridor:
Date item for City Council Consideration
September 3, 1985 - Draft schedule and documents presented to
City Council.
- Approval of schedule and establishment of
public hearing date.
- Approval of public notice format.
- Authorization to mail public notice.
- Authorization of processing costs.
September 16, 1985
- Introduction of Ordinance adopting the Joint
Exercise of Powers Agreement and adopting
the Major Thoroughfare and Bridge Fee
Program.
- Review Resolution establishing the Areas of
Benefit for the Foothill/Eastern
Transportation Corridor. __ ~
AUGUST 30, 1985
PAGE 2
Date
October 1, 1985
Item for City Council Consideration
- Public hearing on adopting Area of Benefit
and imposing fees.
Approval of the Joint Exercise of Powers
Agreement creating the Foothill/Eastern
Transportation Corridor Agency.
Adoption of Ordinance adopting the Joint
Powers Agreement and adopting the Major
Thoroughfare and Bridge Fee Program.
Approval of the Resolution establishing the
Area of Benefit for the Foothill/Eastern
Transportation Corridor.
The drafts of the Joint Exercise of Powers Agreement'creating the Foothill/Eastern
Transportation Corridor Agency, Ordinance adopting the Joint Powers Agreement and
Major Thoroughfare and Bridge Fee Program, and Resolution establishing the
Areas-of-Benefit for the Foothill/Eastern Transportation Corridor are submitted
for information only at this time. No action is necessary at this time. .
The following items require approval/authorization at the September 3rd Council
meeting.
° Approval of schedule and public hearing date and time of Tuesday, October
1, 1985, at 7:00 p.m.
° Approval of public notice format.
° Authorization to mail notice of public hearing.
° Supplemental budget appropriation of $6,500.00 for processing cost.
It is anticipated that the notices would be mailed no later than September 18th.
A minimum of ten (10) days prior to the date of public hearing {October 1, 1985).
Notices are required to be mailed to all property owners within the corporate
limits of the City even though the majority of all parcels will be exempt from
these proposed fees.
On September 16th, the Council would have the opportunity to pose any questions
they may have pertaining to the Agreement, Ordinance, Resolution or the Corridor
Fee Program in general.
The accelerated approvals requested in this memo are necessary to maintain the
October 1st public hearing date.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
PUBLIC HEARi'NG
Proposed Area of Benefit and
Major Thoroughfare and Bridge
Fee Program
A major problem facing Orange County is traffic congestion. A partial solution to
traffic congestion on the Riverside, Costa Mesa, and Santa Ana Freeways lies in
constructing the Foothill and Eastern Transportation Corridors. City Council is
considering establishing fees on ~ de~lol~me~e to pay for a portion of the
construction cost. All property owners are being notified in accordance with
legal requirements for the City Council to establish a road fee program for
construction of these transportation corridors.
THE PROPOSED FEE PROGRAMS AFFECT ONLY ~ DEVELOPMENT
THE PROPOSED FEE PROGRAMS
o EXISTING HOMES
o EXISTING COMMERCIAL OR INDUSTRIAL BUILDINGS
BUILDING PERMITS FOR RESIDENTIAL REMODELING OR ADDITIONS
BUILDING PERMITS FOR RECONSTRUCTION OF EXISTING RESIDENTIAL UNITS
The City Council will hold a public hearing on Tuesday, October 1, 1985, at 7:00
P.M. to consider adopting Area of Benefit and imposing fees on new development to
raise a portion of the funding required to construct the Foothill/Eastern
Transportation Corridors. The balance of the requiKgd funds would come from
proposed County and other participating local agency road fee programs as well as
other sources such as State and Federal transportation funds.
Fees would be imposed upon aw de~lo~t projects within the Area of Benefit
and will be apportioned based upon the amount of traffic estimated to be created
by each type of new development. Payment of the fees would be required at the
time of building permit issuance as set forth below:
Zone A Zone B
Single Family Residential
Multi-Unit Residential
Non-Residential
$1,295/Unit
$755/Unit
$1.80/Square Foot
$920/Unit
$535/Unit
$1.05/Square Foot
r~--,~o~ld mot ~-~o~ upon existing residential,
commercial or industrial uses or on buildin~ permits
for residential remodeling or'additi6ns or for recon-
struction of existin9 residential buildings which do not
increase the number of dwelling units. (A dwelling unit
is a home, condominium or apartment).
The approximate boundaries of the Area of Benefit are illustrated on the map
contained in this notice. Action by the City Council will affect only the area
within Tustin. Adoption of similar fees within other city and county areas
require similar separate hearings and actions by each City Council and the Board
of Supervisors.
You have the right to appear at said hearing and be heard on this matter or to
submit written comments prior to close of the hearing. For more information,
please call (714) 544-8890, ext. 280.
LEGEND
TRA~ISPDRT ~,TtO~
PROJECT COST
Developers Share ....................................... $250,228,000
State and Federal Funds ................................ $265~919,000
Total Project Cost .....................................
PUBLIC HEARING LOCATION:
City Council Chambers
300 Centennial Way
Tustin, CA 92680
TIME: 7:00 P.M.
City of Tustin
300 Centennial Way
Tustin, CA 92680
Presorted
First Class Mail
U.S. Postage Paid
Tustin, CA
Permit No. 99
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ADDING SECTION 2800 TO THE CITY CODE
ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE
PROGRAM
WHEREAS, Government Code Section 66484.3 authorizes the City to
require by ordinance the payment of a fee as a condition of approval of a final
subdivision map or as a condition of issuing a building permit for the purpose
of defraying the cost of constructing major thoroughfares and bridges; and
WHEREAS, the City Council desires to adopt such a fee program in order
to insure that future development shall pay a share of the costs of
constructing transportation systems adequate to serve that development.
NOW, THEREFORE, the City Council of the City of Tustin hereby ordains
as follows:
SECTION 1: Section 2800 is herebyadded to the City Code to read in
its entirety as follows:
"Sec. 2800. Major Thoroughfare and Bridge Fee".
ae
A building permit applicant, as a condition of issuance of a
building permit, shall pay a fee as hereinafter established to
defray the costs of constructing ~rtdges over waterways,
railways, freeways and canyons, or constructing major
thoroughfares.
b. Definitions.
(1)
The term 'construction' as used in this section includes
preliminary studies, design, acquisition of right-of-way,
administration of construction contracts, and actual
construction.
(2)
The term 'major thoroughfare' means those roads designated
as tranportation corridors and major, primary, secondary, or
commuter highways on the Master Plan of Arterial Highways,
the Circulation Element of the General Plan. The primary
purpose of such roads is to carry through traffic and
provide a network connecting to the State highways system.
(3)
'Bridge facilities' means those locations identified in the
transportation or flood control provisions of the
Circulation Element or other element of the General Plan as
requiring a bridge to span a waterway, a railway, freeway,
or canyon.
(4)
'Area of Benefit' means a specified area wherein it has been
determined that the real property located therein will
benefit from the construction of a major thoroughfare or
bridge project.
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Ct
de
ge
The provisions herein for payment of a fee shall apply only if
the major thoroughfare or bridge facility has been included in an
element of the City's General Plan or the General Plan of the
County of Orange adopted at least thirty (30) days prior to the
application for a building permit and on land located within the
boundaries of the area of benefit.
Payment of fees shall not be required unless any major
thoroughfares are in addition to, or a widening or reconstruction
of, any existing major thoroughfares serving the area at the time
of the adoption of the boundaries of the area of benefit.
Payment of fees shall not be reRutred unless any planned bridge
facility is a new bridge serving the area or an addition to an
existing bridge facility serving the area at the time of the
adoption of the boundaries of the area of benefit.
Action to establish an area of benefit may be initiated by the
City Council upon its own motion or upon the recommendation of
the Director of Public Works. The City Council shall set a
public hearing for each proposed area benefited. Notice of the
time and place of said hearing including preliminary information
related to the boundaries of the area of benefit, estimated costs
and the method of fee apportionment shall be given in the
following manner:
(1) Notice shall be given at lea~ ten (10) calendar days before
the hearing by the following:
(al
Notice published at least once in a newspaper of
general circulation within the proposed area of
benefit.
(b)
Notices posted throughout the proposed area of benefit
with at least three {3) notices posted at arterial
highway intersections within the proposed area of
benefit.
(c)
Notices sent by first-class mail addressed to each
property owner within the boundary of the proposed area
of benfit.
(d)
Notices sent by first-class mail to all Municipal
Advisory Committees and known Homeowners' Associations
within the proposed area of benefit.
(e)
Notice by first-class mail to any person who has filed
a written request therefor with the Director of Public
Works. Such request shall apply for the calendar year
in which it is filed.
(1)
At the public hearing the City Council will consider the
testimony, written protests, and other evidence. At the
conclusion of the public hearing the City Council may,
unless a majority written protest is filed and not withdrawn
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(3)
(4)
as specified in section g(3), determine to establish an area
of benefit. If established, the City Council shall adopt a
resolution describing the boundaries of the area of benefit,
setting forth the cost, whether actual or estimated, and the
method of fee apportionment. A certified copy of such
resolution shall be recorded by the City Clerk with the
Orange County Recorder's Office.
Such apportioned fees shall be applicable to all property
within the area of benefit and shall be payable as a
condition of issuing a building permit for such property or
portions thereof. Where the area of benefit includes lands
not subject to the payment of fees pursuant to this section,
the City Council shall make provisions of payment of the
share of improvement cost apportioned to such lands from
other sources.
Written protests shall be received by the City Clerk at any
time prior to the close of the public hearing. If written
protests are filed 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 by the protests to less than one-half
of the area to be benefited, then the proposed proceedings
shall be abandoned, and the City Council shall not, for one
year from the filing of said written protests, commence or
carry on any proceedings lot"the same improvement under the
provisions of this section. Any protests may be withdrawn
by the owner making the same, in writing, at any time prior
to the close of the public meeting.
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 City Council shall not be barred
from commencing new proceedings not including any part of
the improvement so protested against. Such proceedings
shall be commenced by a new notice and public hearing as set
forth in subsection (f) above.
Nothing in this section shall prohibit the City Council,
within such one-year period, from commencing and carrying on
new proceedings for the construction of an improvement or
portion of the improvements 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 such improvement or portion thereof.
Fees paid 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
planned major thoroughfare project. If the area of benefit is
one in which more than one bridge or major thoroughfare is
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required to be constructed, a separate fund may be established
covering all of the bridge projects or major thoroughfares in the
area of benefit. If the area of benfit encompasses one or more
bridges and one or more thoroughfares and all lands within the
area of benefit are subject to the same proportionate fee for all
bridges and thoroughfares, a single fund may be established to
account for fees paid. Moneys in such fund shall be expended
solely for the construcion or reimbursement for construction of
the improvements serving the area to be benefited and from which
the fees comprising the fund were collected, or to reimburse the
City for the costs of constructing the improvement.
i. The City Council may approve the acceptance of consideration in
lieu of the payment of fees established herein.
j. The City Council may approve the advancement of money from the
General Fund or Road Fund to pay the costs of constructing the
improvements covered herein and may reimburse the General Fund or
Road Fund for such advances from planned bridge facility or major
thoroughfare funds established pursuant to this section.
k. If the building permit applicant, as a condition of the issuance
of the building permit, is required or desires to construct a
bridge or major thoroughfare, the City Council may enter into a
reimbursement agreement with the applicant. Such agreement may
provide for payments to the applicant from the bridge facility or
major thoroughfare funding covering that specific project to
reimburse the applicant for costs not allocated to the
applicant's property in the resolution establishing the area of
benefit. If the bridge or major thoroughfare fund covers more
than one project, reimbursements shall be made on a pro rata
basis reflecting the actual or estimated costs of the projects
covered by the fund."
SECTION 2: This ordinance shall be in full force and effect thirty
(30) days from and after its adoption.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
held on the day of , 1985.
Frank H. Greinke
Mayor
ATTEST:
Ma ry Wynn
City Clerk
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DRAFT
A'RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ESTABLISHING THE AREA OF BENEFIT AND
THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
WHEREAS, buildout of the land use element of the General Plan of the
City of Tustin is dependent upon providing a balanced transportation system to
serve the planned level of development; and
WHEREAS, the City Council finds that implementation of the Foothill
and Eastern Transportation Corridors will result in a transportation system
which has the capacity to accommodate the additional traffic volume associated
with anticipated future development; and
WHEREAS, tmplementaton of the Foothill and Eastern Transportation
Corridors will help to relieve congestion on the existing transportation
system; and
WHEREAS, future state and federal revenue are projected to be
~inadequate to construct and transportation corridors in a timely manner; and
WHEREAS, the City council finds that future development should pay a
share of the cost of implementing new transportation corridors to insure that
the transportation system will be adequate to serve said development and that
this share of the corridor costs should be proportional to the traffic
generated by the development; and
WHEREAS, Ordinance No. of the City of Tustin provides for
the establishment of major thoroughfare and bridge construction fees to be paid
by building permit applicants in the City of Tustin; and
WHEREAS, notice of the public hearing on the possible adoption of the
fee program was given to all property owners as provided in Ordinance No. ~
; and
WHEREAS, the property owners within the area of benefit did not file a
majority written protest to the establishment of the Foothill/Eastern
Transportation Corridor Fee Program; and
WHEREAS, a Negative Declaration was issued as a result of initial
studies prepared to assess the evnironmental impacts which might be associated
with the adoption of the major thoroughfare and bridge fee program.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: The boundary of the area of benefit shall be as described
in the document d~ted July 1985 entitled "Major Thoroughfare and Bridge Fee
Program for the Foothill/Eastern Transportation Corridors" ("Program")
attached hereto as Exhibit "A" and incorporated by reference herein.
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SECTION 2: The estimated cost of these major thoroughfares and
bridges are as follows:
Foothill/Eastern
Transportation Corridors
The Program is presently designed to collect 48.5% of the cost of construction
of the Foothill/Eastern Transportation Corrldors.
SECTION 3: The fees for development within the area of benefit are
based on the trip ends generated by the development as determined from the Trip
Generation Tables included in the Program and shall be assessed upon new
development based upon the number of dwelling units included in the development
(for residential projects) or the gross square footage of the development (for
non-residential projects) in those amounts as set forth in the Area of Benefit
Fee Table included in the Program.
SECTION 4: An automatic adjustment of the fees, based upon the
Construction Cost Index, shall be made each fiscal year commencing in fiscal
year 1986-87. An adjustment of the fee based upon updated project cost
estimates or other changed conditions shall be made in lieu of the Annual Cost
Index Adjustment when necessary.
SECTION 5: The collection of the fee shall be a condition of issuance
of a building permit as described in the Program. The payment of fees may be
deferred for all residential rental projects or.~rojects which include State or
Federal requirements to provide units affordable to families with incomes less
than 80% of the median income for those time periods and subject to those terms
and conditions set forth in Section IX of the Program. Fee credits shall be
granted for dedications and work performed for the corridors as set forth in
Section XI of the Program.
SECTION 6: In the event the City executes the "Joint Exercise of
Powers Agreement" creating the "Joint Exercise of Powers Agreemnt Creating the
Foothill/Eastern Transportation Corridor Agency" {"Agreement"), upon the
effective date of said Agreement, the City shall remit all fees collected
pursuant to the Program to the Joint Powers Agencies created by said Agreement
pursuant to; the terms and conditions of said Agreement. In the event the City
executes said Agreement, any person aggrieved by a decision of the City
regarding the amount of any corridor fee imposed or fee credit granted may
appeal the decision of the City to the Foothill/Eastern Transportation Corridor
Agency, where appropriate, which decision shall be final.
SECTION 7:
of Ordinance No.
Program.
This Resolution shall be effective upon the effective date
, establishing the Major Thoroughfare and Bridge Fee
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PASSED AND ADOPTED by the City Council of the City of Tustin,
California, this day of , 1985.
Frank H. Greinke
Mayor
ATTEST:
Mary Wynn
City Clerk