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HomeMy WebLinkAbout87-50 - San Joaquin Hills Transportation Joint Powers AgencyRESOLUTION NO. 137 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DESIGNATING FULL SUPPORT OF THE 1987 LEGISLATIVE PROGRAM OF THE FOOTHILL • AND EASTERN /SAN JOAQUIN HILLS TRANSPORTATION JOINT POWERS AGENCY AS PER ATTACHED MEMORANDUM WHEREAS, the City of Newport Beach is a full voting member of the Foothill and Eastern /San Joaquin Hills 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 undated Memoranda entitled "Definition of Administrative Expenses" and "Stand -by User Fee Authority "; NOW, THEREFORE, THE CITY COUNCIL Of= THE CITY OF NEWPORT BEACH, HEREBY RESOLVES that the action of voting to approve the 1987 1074, SB 1413, and SB 1415) Transportation Joint Powers of such Agency at a regular ratified and reaffirmed. ADOPTED this ATTEST: City Clerk 0 the duly selected representative of this City in _ egislative Program (as set forth in SB 1073, SB of the Foothill and Eastern /San Joaquin Hills Agency, as part of a unanimous action of the Board meeting thereof held on March 12, 1987, hereby is 11th day of May 1QR7 717 U� NOS #MAN. GUTHNER. H.NOX & El #TP Of 7.. MEMORANDUM TO: Foothill /Eastern Transportation Corridor Agency San Joaquin Hills Transportation Corridor Agency FROM: James E. Erickson DATE: • March 40 1987 RE: 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 well as the following years. B. Clarifies that the annual budget authorization for administrative expenses applies to each JPA, 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 of Government Code § §66484.3 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, 44S SOUTH FIGUEROA STREET • LOS ANGELES. CALIFORNIA 90071.1675 • (217) 612.7800 CENTER TOWER. 650 TOWN CENTER DRIVE, SUITE 1250 • COSTA MESA. CALIFORNIA 92626 -1981 • (714) $417270 THIRD FLOOR, I00 THE EMBARCADERO • SAN FRANCISCO. CALIFORNIA 94105-1295 • (41$) 545 -2700 SIXTH FLOOR, 1140 19TH STREET, N.W. • WASHINGTON. D.C, 200366699 • (212) 223-9100 SUITE 300, 1010 I ITH STREET • SACRAMENTO, CALIFORNIA 95814 • (916) 442.0239 F NOSSAMAN, CUTHNEk KNO *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- • 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 in this section, includes design, acquisition of rightk -of -way, administration of construction contracts and actual construction, including but not limited to all direct and Indirect environmental, engineering. accounting, legal and other such services necessary therefor, and also includes reasonable administrative expenses, not exceeding six - kttxdred- bkeusend- defiers- f$6ee7eeej three hundred thousand dollars ($300.000) in any calendar year ineurred -in asseeiabien -with- these- eetivities after January 1. 1986., as adiusted annually for any increase or decrease in the Consumer Price Index of the Bureau of Labor Statistics of the U. S. Department —of Labor for all Urban Consumers. Los Anaeles -Long Beach- Anaheim. California (1967100). as published by the U. S. Department of Commerce, by each agency created Pursuant to Government—Code—Section 6500, et sea, for the Purpose of constructing such bridges and maior thoroughfares. "Administrative expenses" means those office. Personnel, and other customary and normal ♦ •� l M g • • fl f • f • / 1 / 1 • } • } • / [Additions are indicated by underlining; deletions are indicated by interlineation.] 03/06/87 JEE •STAND -BY USER FEE AUTHORIIX 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 Joint exercise Of powers agreements with other local agencies imposing fees Pursuant to this section.— or the purpose of, among others. Jointly exercising as a duly authorized original power established by this section, in addition to those common Powers otherwise authorized by law to be exercised authorized in Division 17• Chapter —of the Streets and Highways Code for the Purpose of constructing bridge facilities and major 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 major thoroughfares funds. In no event, however, shall the Powers outhor zed in Division 17. Chapter 5 of the Streets and Highways Code be exercised unless a resolution is first adopted by the legislative body of'such agency finding that adequate funding for the J& ti. [Additions are indicated by underlining.] 03/06/87 JEE 9