HomeMy WebLinkAboutCC RES 00-18 RESOLUTION NO. 00-18
~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
"' AUTHORIZING APPROVAL OF "AMENDMENT NO. 4 TO THE
~ FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE FOOTHILL/EASTERN
5 TRANSPORTATION CORRIDOR AGENCY" TO ENABLE THE CITY
· OF RANCHO SANTA MARGARITA TO BE ADMITTED AS A FULL
6 MEMBER' OF THE FOOTHILL/EASTERN TRANSPORTATION
7 CORRIDOR AGENCY
$ WHEREAS, the County of Orange (Districts 3, 4 and 5), and the cities of
Anaheim, Dana Point, Irvine, Lake Forest, Orange, Mission Viejo, San Clemente,
~ San Juan Capistrano, Santa Ana, Tustin, and Yorba Linda have executed the First
'_,0 Amended and Restated Joint Exercise of Powers Agreement Creating the
Foothill/Eastern Transportation Corridor Agency (the "Agreement" and the "Agency"),
"_,] which Agreement became effective on October 21, 1988; and
~. 2 WHEREAS, the incorporation of the City of Rancho Santa Margarita (the "City")
]3 became effective on January 1, 2000; and
~_-- WHEREAS, at a public hearing on February 27, 2000, the City adopted a
Resolution establishing the Areas of Benefit, estimated costs and required fees for
]5 such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of
the Agreement; and
WHEREAS, at a subsequent public hearing on March 2, 2000, the City enacted
]7i an ordinance adopting the Major Thoroughfare and Bridge Fee. Program in
IS! accordance with Section 4.1 of the Agreement; and
t
i WHEREAS, the City has requested admission as a party to the Agency; and
20 WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent
2'., of the Parties to such an Agency, evidenced by execution of a written amendment to
the Agreement by all the Parties, including the City of Rancho Santa Ma. rgarita, is
-- required to admit the City of Rancho Santa Margarita as a Party.
NOW, THEREFORE, BE IT RESOLVED that in anticipation of the events
2-_ recited above, and in order to enable the City of Rancho Santa Margarita to
participate fully in the Agency's Board meeting en April 13, 2000, the City Council
°--5 hereby authorizes the Mayor to sign and the City Clerk to attest "Amendment No. 4
to the First Amended and Restated Joint Exercise-of Powers Agreement Creating the
25
Foothill/Eastern Transportation Corridor Agency", attached as Exhibit "A".
27
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 20th day of March 2000.
T~ey~~/~e~yo ~
ATTEGT:
City Clerk
AMENDMENT NO. 4
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the FoothilFEastem Transportation
Corridor Agency imposed no terms and c6fiditions upon the participation of the CiBj. of Rancho
Santa Margarita as a Party to the Agency pursuant to Section 9.1 of the First Amended and
Restated Joint Powers Agreement Creating the Foothill/Eastem Transportation Corridor Agency,
in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee
Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and
required fees.
SECTION 2. The first paragraph of such Agreement hereby is amended to read as
follows:
THIS FIKST AMENDED AND RESTATED AGREEMENT was made and
entered into, pursuant to Sections 11.1 and 11.3 by and' among the following public agencies,
other than the City of Mission Viejo, the City of Lake Forest, the City of Dana Point, and ,the
City of Rancho Santa Margarita, as of the 21st day of OctolSer, 1988, the first date on which six
or more of such public' agencies executed this First Amended and Restated Joint Exercise of
Powers Agreement Creating .the Foothill/Eastern Transportation Corridor Agency, and is
amended by this Amendment No. 4 to Such Agreement:
(a) City of Anaheim
(b) City of Dana Point
(c) City of Irvine
(d) City of Lake Forest
(e) City of Mission Viejo
(f) City of Orange
(g) City of Rancho Santa Margarita
(h) City of San Clemente
(i) City of San Juan Capistrano
(j) City of Santa Ana
(k) City of Tustin
193815_1.DOC
(1) City of Yorba Linda
(m) County of Orange (3rd District)
(n) County of Orange (4th District)
(o) County of Orange (5m District)
SECTION 3~ Section 3.2_hereby is amended to read as follows:
o.o BOARD.
(a) The Board shall coniist of the following:
(i) One voting Board Member appointed by the legislative
body of each of the following Parties, pursuant to Section 3.1 above: the Cities of Anaheim,
Dana Point, Irvine,' Lake Forest, MissiOn Viejo, Orange, Rancho Santa Margarita, San Clemente,
San Juan Capistrano, Santa Aria, Tustin, Yorba Linda, and the County of Orange (fd, 4th and' 5t~
'Districts),
ATTEST: COUNTY OF ORANGE
Clerk of the Board of Supervisors By:
Cha'arnan
Board of Supervisors.
By:
Dated:
APPROVED AS TO FORM:
By:
County Counsel
2
ATTEST: CITY OF ANAHEIM
Clerk of the City of Anaheim By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF DANA POINT
Clerk of the City of Dana Point By:
Mayor
By:
Dated:
APPROVED AS TO FORM:.
By:
City Counsel
ATTEST: CITY OF 'IRVINE
Clerk of the City oflrvine By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF LAKE FOREST
Clerk of the City of Lake Forest By:
Mayor
By:'
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF MISSION VIEJO
Clerk of the City of Mission Viejo By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF ORANGE
Clerk of the City of Orange By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
4
ATTEST: CITY OF RANCHO SANTA MARGARITA
Clerk of the City of Rancho Santa Margarita By:
Mayor
By:
Dated:
APPROVED AS'TO FORM:
By:
City Counsel
ATTEST: CITY OF SAN CLEMENTE
Clerk of the City of San Clemente By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF SAN JUAN CAPISTRANO
Clerk of the City of San Juan Capistrano By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
~TTEST: CITY OF SANTA ANA
Clerk of the City of Santa Ana By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST: CITY OF TUSTIN
Clerk of the City of Tustin By:
Mayor
By:'
Dated:
APPROVED-AS TO FORM:
By:
City Counsel
ATTEST: CITY OF YORBA LINDA
Clerk of the City of Yorba Linda By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
APPROVED AS TO FORM:
By:
Counsel
Foothill/Eastern Transportation Corridor
Agency
7
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 00-18
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council 'of the City of Tustin,
California, does hereby certify that th'e whole number of the members of the City Council is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 20th day of March, 2000, by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk