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1985-0205_ORANGE, COUNTY OF_Memorandum of Understanding0 MEMORANDUM OF UNDERSTANDING RECITALS Based on existing and future traffic volumes and emerging development patterns, the undersigned agree to support the concept and acknowledge the need for the San Joaquin Hills Transportation Corridor; and Considering the financial constraints facing road builders today, the undersigned agree that transportation development fees paid by land developers are a necessary and appropriate part of the financing program for San Joaquin Hills Corridor; and Each of the undersigned agrees that the San Joaquin Hills Corridor is regional in nature and must be planned, financed, and constructed as a cooperative effort by cities, the County of Orange, the Orange County Transportation Commission, the state and federal governments, landowners, developers, homeowners, and responsibile representatives of the private sector; and Each of the undersigned agrees that a full and equitable partnership is needed to finance design and construct the San Joaquin Hills Corridor and pledges to work to create a joint powers authority to build the facility. It is agreed that this joint powers authority shall: 1. Construct an environmentally -sensitive facility that shall not be more than 6 to 8 general travel lanes in this century; 2. Preserve the ultimate right-of-way required to meet future transportation needs; 3. Construct the San Joaquin Hills Corridor as a well -landscaped, grade separated scenic highway; 4. Develop a construction phasing plan which strives to improve mobility and reduce traffic congestion and which is mindful of local traffic needs and impacts; i 0 5. Oversee the expenditure of revenues raised by a transportation corridor fee program and to aggressively seek state and federal revenues to assist in financing corridor construction; 6. Develop and implement a fair and comprehensive long-range financing plan for the San Joaquin Hills Corridor; 7. Prepare adequate safeguards to guarantee all revenues raised to build the San Joaquin Hill Corridor are used exclusively for this needed transportation facility; 8. Guarantee all phases of design and construction conform to the technical standards of the California Departsent of Transportation (Caltrans) and the Federal Highway Administration (FHWA). 9. Develop a governing Board structure which guarantees all final determinations shall be made by elected officials. Prior to becoming a signator to a joint powers agreement to construct and finance the San Joaquin Hills Corridor, the undersigned agree that: 1. The undersigned each shall jointly participate in reviewing and revising the Major Thoroughfare and Bridge Fee Program adopted by the Board of Supervisors. 2. The review and revision of the transportation corridor fee program shall consider, but not be limited to, expanding or adjusting the Area of Benefit and reducing fees for commercial/retail uses. 3. The focus of any revisions to the program shall be to enhance fairness and equity balancing financial needs with other social and economic factors. 4. No new taxes or new fees shall be placed on existing homes or businesses as part of the Major Thoroughfare and Bridge Fee Program. All fees shall be placed on future development only. -2- 0 0 5. Each of the undersigned shall adopt a revised Major Thoroughfare and Bridge Fee Program prior to executing the San Joaquin Hills Transportation Corridor Joint Powers Agreement. A detailed San Joaquin Hills Transportation Corridor joint powers agreement shall be drafted and reviewed by a special ad hoc committee chaired by Supervisor Thomas F. Riley. This committee shall include a representative of each city included in the area -of -benefit of the San Joaquin Hills Corridor, plus Supervisor Bruce Nestande, the designee of the Orange County Board of Supervisors. The Orange County Transportation Commission shall provide staff assistance to the committee. Harriet M. Wieder, Chairman Orange County Board of Supervisors Norma Hertzog, Mayor City of Costa Mesa David Sills, Mayor City of Irvine Damel F. Kenney, Mayor City of Laguna Beach -3- Philip R. Maurer, Mayor City of Newport Beach Kenneth E. Carr, Mayor City of San Clemente i v y i.. rnauscorier, C-fty of San Juan Ca[ ATTEST: /7� �. Mary Ann A&nover, City Clerk Daniel E. Griset'Chairman Orange County Transportation Commission ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF MEMORANDUM OF UNDERSTANDING - SAN JOA, IN HILLS This item was continued from the meeting of January 22, 1985. Written Communications: Report dated January 22, 1985, 1985, forwarding a Memorandum development of a Joint Powers financing, and construction of Transportation Corridor. and resubmitted February 5, of Understanding to guide Agreement for design, the San Joaquin Hills The City Manager made an oral presentation, advising that the Memorandum of Understanding was not a binding agreement but a commitment to proceed in a direction, which could be changed based on consent of all parties to the agreement. Mayor Hausdorfer stated support of the Memorandum of Understanding, ultimate configuration, collection of fees, design, etc., of the San Joaquin Hills Transportation Corridor. He noted Item 9 of the Memorandum, which provides for a governing board to guarantee that all final determinations will be made by elected officials. Councilman Bland cited general concerns regarding financing and whether the road will solve the transportation problems. Approval of Memorandum: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to approve the Memorandum of Understanding and to authorize the Mayor to sign the document on behalf of the City. February 26, 1985 Honorable Gary L. Hausdorfer Mayor, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Gary: During the past few weeks, a number of cities, the County, and the Transportation Commission have adopted the Memorandum of Understanding (MOU) for the San Joaquin Hills Transportation Corridor. It's now important that we move into the next phase of our discussion: development of a workable developer fee program and the structuring of a Joint Powers Agreement (JPA) to manage the San Joaquin Hills Transportation Corridor's finance, design„ and construction. The Technical Committee has been working on revisions to the County's adopted Major Thoroughfare and Bridge Fee Program and has developed some options -- and a preferred alternative -- for the areas of benefit. If agreement can be reached on the areas of benefit, the other financing questions, such as the distribution of fees among various land uses, can be resolved. Additionally, we need to begin serious discussion of the joint powers agreement. The Orange County Transportation Commission staff has developed a "first cut" of the JPA. It should be reviewed by your legal staff, considered for policy adjustments, and be considered as a starting point for our discussion. To begin this next, and most critical, phase of our discussions, I want to invite you to join Supervisor Bruce Nestande and me for a breakfast hosted by the Orange County Transportation Commission at the Saddleback Inn at 7:30 a.m. on March 15. Only agencies which have adopted the Memorandum of Understanding are invited to this important meeting. As previously stated, adoption of the MOU is necessary before any agency can participate in framing the Major Thoroughfare and Bridge Fee Program and the Joint Powers Agreement. 3111YS X 5coTs CITY Mde. SUPERVISOR, FIFTH DISTRICT THOMAS F. RILEY _ CHAIRMAN OF THE BOARD OF SUPERVISORS ORANGE COUNTY HALL OF ADMINISTRATION 10 CIVIC CENTER PLAZA, P. O. BOX 687, SANTA ANA, CALIFORNIA 92702-0687 PHONE: 634-3550 (AREA CODE 714) February 26, 1985 Honorable Gary L. Hausdorfer Mayor, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Gary: During the past few weeks, a number of cities, the County, and the Transportation Commission have adopted the Memorandum of Understanding (MOU) for the San Joaquin Hills Transportation Corridor. It's now important that we move into the next phase of our discussion: development of a workable developer fee program and the structuring of a Joint Powers Agreement (JPA) to manage the San Joaquin Hills Transportation Corridor's finance, design„ and construction. The Technical Committee has been working on revisions to the County's adopted Major Thoroughfare and Bridge Fee Program and has developed some options -- and a preferred alternative -- for the areas of benefit. If agreement can be reached on the areas of benefit, the other financing questions, such as the distribution of fees among various land uses, can be resolved. Additionally, we need to begin serious discussion of the joint powers agreement. The Orange County Transportation Commission staff has developed a "first cut" of the JPA. It should be reviewed by your legal staff, considered for policy adjustments, and be considered as a starting point for our discussion. To begin this next, and most critical, phase of our discussions, I want to invite you to join Supervisor Bruce Nestande and me for a breakfast hosted by the Orange County Transportation Commission at the Saddleback Inn at 7:30 a.m. on March 15. Only agencies which have adopted the Memorandum of Understanding are invited to this important meeting. As previously stated, adoption of the MOU is necessary before any agency can participate in framing the Major Thoroughfare and Bridge Fee Program and the Joint Powers Agreement. 3111YS X 5coTs CITY Mde. . 9 Honorable Gary L. Hausdorfer February 26, 1985 Page Two 0 A draft copy of the draft "first cut" JPA, plus a discussion of the to the Major Thoroughfare and Bridge Fee Program, will be forwarded your staff in the next few days. Our breakfast meeting will focus corridor fee program and, secondly, on the JPA. I believe we have positive momentum developing on this issue. This breakfast meeting build on the progress we have already made. Sincerely, Thomas F. Riley Bruce Nestande Chairman of the Board Supervisor, Third District TFR:jbr cc: Mr. Stephen B. Julian, San Juan Capistrano City Manager revisions to you and first on the some strong, should i ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF MEMORANDUM OF UNDERSTAND3NG - TRANSPORTATION CORRIDOR ('"1.7) Written Communications: Report dated January 22, 1985, from the City Manager, forwarding a Memorandum of Understanding developed to guide the development of a Joint Powers Agreement to design, finance, and construct the San Joaquin Hills Corridor. The Memorandum of Understanding details key policy statements and sets ground rules for future discussions. The report advised that the Memorandum of Understanding does not commit the City to adoption of a Major Thoroughfare and Bridge Fee Program, or to participation in a Joint Powers Authority. However, it does commit the City to work cooperatively with the County and other cities to develop a uniform Major Thoroughfare and Bridge Fee Program and to prepare a Joint Powers Agreement which will be acceptable to all jurisdictions. Mayor Pro Tem Schwartze cited Mayor Hausdorfer's favorable stance on the matter, but noted that the Mayor wished to continue the matter for full Council discussion. The City Manager made an oral presentation, noting that the item was scheduled for consideration by the Board of Supervisors on January 23, 1985; that some significant changes had occurred and that Mayor Hausdorfer wished to share his concerns. Councilman Bland received clarification on the intent of a "full and equitable partnership," and "fees placed on future development only;" and, the requirement for adoption of a revised Major Thoroughfare and Bridge Fee Program. Continuation of Item: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to continue the item to the meeting of February 5, 1985, for discussion by the entire Council. Resubmitted February 5, 1985 AGENDA ITEM January 22, 1985 TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager SUBJECT: San Joaquin Hills Transportation Corridor / Memorandum of Understanding SITUATION: The San Joaquin Hills Transportation Corridor, along with the Foothill and Eastern Corridors, has long been the subject of discussion between city and County officials. The discussion has concerned a number of issues including whether or not the Corridors are necessary; and, if necessary, what design and construction standards should be followed. In addition to these basic questions and perhaps more important are two other questions, namely who should be making the decisions and who should be responsible for paying for these projects. As the City Council is aware, up until June of 1984 it was believed that a one cent sales tax override would be a major source of funding for this program. Since the defeat of Proposition A, however, the County of Orange has identified the Major Thoroughfare and Bridge Program which derives its revenues from developer fees as a major source of funding for this program. The County of Orange also determined early on that if this program was to be successful that the cooperation and participation of affected city jurisdictions would also be necessary. The County therefore proposed that the affected cities enact a Major Thoroughfare and Bridge Fee Program similar to the one enacted by the County. As a result of discussions between the affected cities and the County since the defeat of Proposition A, the County agreed that if the cities were to participate in the financing of the program, then they should be accorded a role and responsibility in designing and constructing the projects as well. As Council is aware, Mayor Hausdorfer and I have been meeting with Supervisors Riley and Nestande along with other city officials to discuss the many concerns that need to be addressed in formulating an effective partnership between the cities and the County. The attached Memorandum of Understanding generally sets for the goals and concerns that have been expressed by the various participants in the process. As the attached letter dated January 2, 1985, from Supervisors Riley and Nestande indicates, the MOU details some key policy statements which have generally been agreed upon and sets the ground rules for future discussions which includes the necessity of revising the Major Thoroughfare and Bridge Fee Program; the preparation of a joint Dowers agreement; as well as other matters. Most significantly, the MOU does demonstrate a willingness to work together to find solutions and is an indication of the County and the cities'mutual desire to build environmentally sensitive transportation corridors, and recognizes the need to cooperatively design, finance and construct these transportation facilities. ! %("�A 10A -.4 04 T/� s � Agenda Item - San Joaquin Hills Corridor -2- January 22, 1985 Approval of the Memorandum of Understanding does not commit the City to adopt a Major Thoroughfare and Bridge Fee Program at this time, nor does it commit the City to participate in a joint powers authority. It does, however, commit the City to work cooperatively with the County and the other cities to develop a uniform Major Thoroughfare and Bridge Fee Program that can be presented to all of the affected jurisdictions for adoption, and secondly, to prepare a Joint Powers Agreement that all of the affected jurisdictions could approve. Needless to say this is not an easy task and there is considerable discussion and work ahead for all of those jurisdictions deciding to participate in the process. COMMISSION, BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: None at this time. ALTERNATE ACTIONS: 1. Approve the Memorandum of Understanding as submitted. 2. Revise the Memorandum of Understanding as may be determined appropriate by the City Council. 3. Deny the Memorandum of Understanding. 4. Request additional information. RECOMMENDATION: Approve the Memorandum of Understanding and authorize the Mayor to sign the Memorandum of Understanding on behalf of the City. Respectfully submitted, Stephen B. J ian SBJ:cj Attachment SUPERVISOR, FIFTH DISTRICT THOMAS F. RILEY ORANGE COUNTY BOARD OF SUPERVISORS ORANGE COUNTY HALL OF ADMINISTRATION 10 CIVIC CENTER PLAZA, P. O. BOX 687, SANTA ANA,CALIFORNIA 92)02-066) PHONE; 834-3550 (AREA CODE 714) January 2, 1985 Honorable Gary L. Hausdorfer Mayor, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Dear Gary: California 92675 During our recent breakfast meeting, we discussed a proposed Memorandum of Understanding (MOU) designed to guide the development of a joint powers agreement to design, finance, and construct the San Joaquin Hills Corridor. Based on our discussion, staff suggestions, and similar discussions with cities involved with the Foothill/Eastern Corridors, the enclosed document has emerged. It is an important step in developing a true partnership to make the San Joaquin Hills Corridor a reality. This Memorandum of Understanding details some key .policy statements and sets the ground rules for future discussions. It is only a prelude, however, to the serious discussions which still must take place as we revise the Major Thoroughfare and Bridge Fee Program and prepare a joint powers agreement. The MOU does demonstrate our willingness to work together to find solutions, indicates our desire to build environmentally -sensitive transportation corridors, and recognizes our shared need to cooperatively finance these important transportation facilities. Supervisor Nestande and I intend to bring the Memorandum of Understanding to the Board of Supervisors on January 23, 1985, one week earlier than was directed by the Board. This schedule change is due to the progress of our joint discussions and to a rescheduling of a possibly lengthy public hearing related to John Wayne Airport for January 30. Bruce and I will be urging the full Board to support the Memorandum of Understanding and to authorize me, as Chairman, to sign it. pY Y �Dn rr' U) Z J f� n rn ---1 t..r G N v f^ I S C] co c.n During our recent breakfast meeting, we discussed a proposed Memorandum of Understanding (MOU) designed to guide the development of a joint powers agreement to design, finance, and construct the San Joaquin Hills Corridor. Based on our discussion, staff suggestions, and similar discussions with cities involved with the Foothill/Eastern Corridors, the enclosed document has emerged. It is an important step in developing a true partnership to make the San Joaquin Hills Corridor a reality. This Memorandum of Understanding details some key .policy statements and sets the ground rules for future discussions. It is only a prelude, however, to the serious discussions which still must take place as we revise the Major Thoroughfare and Bridge Fee Program and prepare a joint powers agreement. The MOU does demonstrate our willingness to work together to find solutions, indicates our desire to build environmentally -sensitive transportation corridors, and recognizes our shared need to cooperatively finance these important transportation facilities. Supervisor Nestande and I intend to bring the Memorandum of Understanding to the Board of Supervisors on January 23, 1985, one week earlier than was directed by the Board. This schedule change is due to the progress of our joint discussions and to a rescheduling of a possibly lengthy public hearing related to John Wayne Airport for January 30. Bruce and I will be urging the full Board to support the Memorandum of Understanding and to authorize me, as Chairman, to sign it. Honorable Gary L. Hausdorfer January 2, 1985 Page Two Gary, during the next few weeks, we hope the San Juan Capistrano City Council will also consider adoption of this Memorandum of Understanding and will authorize you to sign it on behalf of your city. Your support of this MOU is an important step in demonstrating the value of shared decision making and regional cooperation. And, it will show that we are working together to create a San Joaquin Hills Corridor that is sensitive to all of our concerns. Sincerely, Thomas F. Riley Bruce Nestande Supervisor, Fifth District Supervisor, Third District TFR:jbr Enclosure cc: Mr. Stephen B. Julian 92400 PASEO ADELANTO' SAN JUAN'.CAPISTRANO. CALIFORNIA 92675 PHONM493.1171 January 15, 1985 General Thomas F. Riley Orange County Board of Supervisors P. O. Box 687 Santa Ana, California 92702-0687 Re: San Joaquin Memorandum o Dear General Riley: Jrtation Corridor The City Council of the City of San Juan Capistrano at its adjourned regular meeting held January 22, 1985, continued action on the Memorandum of Understanding for the San Joaquin Hills Transportation Corridor to the meeting of February 5, 1985, when the full Council will be present. A copy of the agenda will be forwarded to you prior to that meeting. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/mac cc: City Manager Bruce Nestande Harriet M. Weider Mayor, City of Newport Beach Mayor, City of Costa Mesa Mayor, City of San Clemente Mayor, City of Irvine Mayor, Citv of Laguna Beach Daniel E. Griset, Chairman Orange County Transportation Commission 0 6. SAN JOAQUIN CORRIDOR (801.07) Mayor Hausdorfer noted his participation in a Transportation Ad Hoc Committee, chaired by Supervisors Riley and Nestande, regarding the San Joaquin Hills and Foothill Corridors. He urged support of the Memorandum of Understanding with the County, advising that it does not commit the City to anything other than a willingness to support the concept of participation. k ) 0�' ) % 5