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