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HomeMy WebLinkAbout14 OCRRA-ETRPA 02-07-00DATE: NO. 14 02-07-00 I nte r-Com TO: FROM' SUBJECT: FEBRUARY 7, 2000 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ORANGE COUNTY REGIONAL AIRPORT AUTHORITY (OCRRA) AND EL TORO REUSE PLANNING AUTHORITY (ETRPA) MEMBERSHIP SUMMARY: On January 17, 2000, the City CoUttcil Voted 3-2 to Support Measure F, the Safe attd Healthy Communities Initiative. CoUttcilman Thomas requeSted that the City Council consider withdraWing from the Orange County Regional Airport Authority and joining the E1 Toro ReuSe Planning Auth'°rity " RECOMMENDATION: That the City Council take action as deemed appropriate. FISCAL IMPACT: The annual fee for ETRPA Associate membership is $500 to defray costs/distributiOn of materials and agendas. The City 'has not paid any fees nor executed any agreement that would require payments to OCRRA. BACKGROUND AND DISCUSSION: On February 1, 1999, the Tustin City Council voted to become a member of the Orange County Regional Airport Authority (OCRRA) with a conditional letter. The purpose of the conditional letter was to emphasize that the Council: did not endorse an airport at E1 Toro, opposed an expansion of John Wayne Airport, and intended to gather information and participate in the airport planning process (attached). Councilman Doyle was selected as the City's representative to OCRRA. On January 17, 2000, the City Council voted 3-2 to support Measure F, the Safe and Healthy Communities Initiative. Following the vote, Mayor Pro Tem Thomas requested that staff agendize discussion of membership in E1 Toro Reuse Planning Authority (ETRPA) and resignation from OCRAA. With respect to requesting membership in ETRPA, there are three types of ETRPA membership available: Member Agencies, Affiliate members, and Associate members. Member agencies contribute a proportionate share of the operating funds. Anyone including governmental agencies may become an Associate member. An Associate member's name appears on the ETRPA letterhead, however they have no voting rights. Affiliate membership is applicable to non-governmental Organizations. There is a $500 annual membership fee for affiliates and City Council Report OCRAA and ETRPA membership February 7, 2000 Page 2 associates to cover the cost of materials, distribution and agendas. The Board of Directors (Board) is comprised of eleven (11) representatives from eight (8) original member cities. To join ETRPA, the Council must adopt a resolution. A resolution for Associate Membership must contain a statement that the member opposes the proposed International Airport at E1 Toro. ETRPA staff has stated that the Resolution must contain this statement or declaration of support against E1 Toro airport; and Agencies that are members of OCRRA are not eligible for membership in ETRPA. Membership is not required to attend the monthly ETRPA meetings, which are held on the fourth Mondays at 6 P.M. at Lake Forest City Hall. If Tustin desires to maintain an information gathering position, ETRPA will notify Tustin of their meetings. If the City Council's decision is to request membership in ETRPA, adoption of a resolution consistent with ETRPA's requirements is necessary. The attached Resolution 00-10 is consistent with ETRPA's By Laws. The first time ETRPA could consider such a resolution would be at its February 28, 2000 meeting. Elizabeth A. Binsack Director of Community Development Assistant Director Community Development Exhibits: A. Letter dated February 26, 1999 from Councilman Saltarelli to OCRRA Executive Director Peggy Ducey B. ETRPA By-laws C. Resolution No. 00-10 EXHIBIT A Letter dated February 26, 1999 from Councilman Saltarelli to OCRRA Executive Director Peggy Ducey Office of the City Council February 26, 1999 City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3010 FAX (714) 838-1602 Ms. Peggy Ducey Orange County Regional Airport Authority 1124 Main Street, Suite B Irvine, CA 92614 Dear Ms. Ducey: On February 1, 1999, the Tustin City Council approved membership in the Orange County Regional Airport Authority (OCRAA). The motion approved by the City Council to join OCRAA included a stipulation that a conditional letter from the Mayor accompany the Joint Powers Agreement (JPA). Thomas R. Saltarelli 'Mayor Tracy Wills Worley Mayor Pro Tem Mike Doyle Councilmember Jim Pot'ts Councilmember Jeffery M. Thomas Councilmember The purpose of this conditional letter is to emphasize that by executing the attached JPA, the City Council is not endorsing an airport at E1 Toro and the City Council is opposed to expansion of John Wayne Airport. We therefore do not subscribe to the Recitals or other terms on the Agreement to that effect. Other than its strong opposition to an expansion of John Wayne Airport, the Tustin City Council, as a body, has not taken an official position one way or another. The City of Tustin's membership in OCRAA is to gather information and participate in the airport planning process in the County. Councilmember Mike Doyle will serve as the City's OCRAA representative, and I will be the alternate. Please direct correspondence and meeting notices to Councilmember Mike Doyle, 300 Centennial Way, Tustin, CA 92780, (714) 573-3010. The City of Tustin recognizes the importance of participating in the E1 Toro Reuse planning process and, on behalf of the City Council and staff, we look forward to working with the members of OCRAA. Please feel free to contact me directly at (714) 573-3010 or contact Elizabeth Binsack of the Community Development Department at (714) 573-3031. Sincerely, Thomas R. Saltarelli Mayor cc: Tustin City Council Elizabeth Binsack t EXHIBIT B ETRPA By-laws RUL~ OF PROCED~ AND BYLAWS -- FOR ~ BOARD OF DII1ECTORS · . OF EL TORO REUSE PLANNIING AUTHOIlITY I I1 I0 ~'7 1)',"0 NO.,"LIL/ C~_APTER 1 PROVISIONS Rule 1. Board of Directors, Rules. These rules shall apply to the Board of Directors ("Board") of.the E1 Toro Reuse Planning · · Authority ("Authority") while sitting as the governing Board for. tha~ entity. These Rules may be amended only by'official action by' the Boar~. C=--APTER II BOi~.~D ~'" - .~mTmNG$ Rule 2. Brown Act. All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act,'Cali= ~ ~orn_a Code Section 54950 et seq, hereinafter referred to as the "Brow~ Act." Rule 3. Recu!ar Meetin=s. The regular meetings of the Board shall be held on the fourth Monday of each month, beginning at the hour-of 5:30 p.m. on such day, att_he Lake Forest City Hall Council Chambers located on'the second floor of the Lake Forest City Hall, 23161 Lake Center Drive, Suite !00, Lake.Forest, CA. Rule 4. Joint Meetin=s. The BOard may hold joint meetings with. its Advisory Committees in order to discuss or' resolve issues of common interest or. concern. Rule 5. Meetings on Koltdaws. When a regular -m_oo~'__~ng of the Board f.a!!s on a holiday,, a special meeting shall be called or the meeting will no't occur"5~til the next regularly'scheduled meeting. Rule 6 Cl0se~ Sessions. The Board may hold " ~ · c~ose_ sessions during any meeting when authorized.by and in accordance With the Bro~ Act. No minutes of the proceedings of the. Board shall be taken during closed session. Rule 7. Quo_~um. A majority of the me.~bers of the Board shall constitute a quorum required to conduct business of the Board. In the absence of a quorum, the Board members present may adjourn the meeting to a stated time and place. If no Board members are present, the Secretary of the Board may adjourn the me,ting to a stated time and p!~ce in accordance with ~rown 'Act. Rule S. Minutes. The Secretary of the Board shall m.=-intain complete and ac==ra~e written minutes of all meetings of the Board, and copies of such minutes shall be provided to the individual members of the Board. The Secreta_~-y shall also distribute the minutes to the City Managers of the member agencies', and the Master Consul~_n~/nxecu~ve Director. Distribution of the minutes shall be made prior to the regular meeting of .t~he following month. The minutes shall reflect the attendance and absences of members of the 11118 '~9 15'29 NO.200 3T/49 ,- · Board, shall consist of a brief statement of all agenda items,. shall include all motions, shall note all votes r'ecorded thereon and shall note the final action taken by the. Board.' Rule 9. p_r_e]Daratio~ of A~enda Ae The' agenda shall be prepared by the Executive Director, in cons~l~a~.on with the member agencies. The a~--_nda shall, be · dis~.ibu.ed by the Executive Director prior to 5:00 p.m. on the Friday before the meeting to all members sf the Board and to the City Managers of the member agencies; and the agenda shall be made available to all persons who have requested the · agenda. All items of business to be discussed at a meeting of the Board shall be briefly described 'on the agenda, The description should set out the specific action which will be considered by the Board (if any) in sufficient detail so that a per, on othez-~ise unaware could determine the general ~,.- or ~ubject matter of the item by reading the agenda. B~ Location of .Postin~ - For purposes of Bro~ Act compliance,. a meeting noti,ce and agenda shall be poste~ a~ the'C_~y{~ o~~ I_-vine (City Hall), and City of Lake FOrest (City C~ Postin= for Recu!ar Meetincs - For any regular meeting of the Board, the notice and agenda ~hall be posted no l~t=_r tkan · .. . · . seventy-two (72)' hours prior to the time set for the' meeting. De PostiD~ for Special Meetings - For any special meeting of the Board, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting.' CHAPTER III CONDUCT DF F~ETI~GS ' Rule 10. Commission Meeting ProcedurD. Meetings - Ail meetings shall be conducted in the order set ~o~h in the following paragraphs: A. call to Orde~ - Meetings shall be call to order by the Chair. Bo P!e. dce of Alleciance - Led by the Chair. C Attendance - The S ~=~:- ~ o ec__~_~y shall record the attendance. D~ ?ublic Comment - The Chair sbt-i! ask if any person wishes to speak to the Board on any item not ' lls~_d on the agenda Co~ment is limited to three (3) minutes per speaker with an aggregate time limit not to exceed ~--.~; (20) minutes. Presentations and Staf~ ~eport.s.- The City Managers of .the member agencies, a designated representative, or the Master Consultant/Executive Director shall make Presentations to the 11/18 '9~ 15'50 NO.200 ~9/49 · Board and request action(s) as deemed necessary. Additional MatteZs - Any agendized items' not fitting within · the above categories. Ad~ourj~n%ent - chair solicits motion fo adjourn to the next meeting. Rule Ii. OPen meetings. The reuse planning process engaged in by the Board shall be an open public process in which advance notice of al~ -- ~' _ ,,=e~!ngs and agenda items shall be provided to the uubli-. ,.. Subject to the provisions, of ~hese rules, mny member of the Du~!ic , shall have the right to'address the Board by oral communication on any matter then being discussed by those bodies. Rule 12. Presentations before the Board of Directors A. (1) Address'ina the Board of Directors Securina permission, richt to address the Board of Directors. · . Any person desiring to address the-Board shall firs~ secure. the permission of the Chair, provided, however, that under the following 'headings of business, uniess, the Chair rules otherwise, any qualifSed and interested person shall'have ~e right =o address the Board upon obtaining recognition by Chair: --. o- (a) Presentations and.staf~_R_e~prLt_~. Interested persons or their ~uthorized representatives may address the Board in regard to matters then under' consideration. Intereste~ parties or their authorized repr~sentativeg may also address the Board with reqard to - '~ communications or in reports of the Master Consultant/Executive Director and the City Managers of the member agencies. ~anne~of addressing the Boa~d...~f Directors; item limit ~QQk~$DgrSDD for ~rouo. Persons addressing the Board shall step up to the microphone, give their name and address in an audible tone of voice for the record, l'im~it' their address to three (3) minutes, unless further time is granted by the Chair. All remarks shall be address~ to the Board as a body and not to. any individual member of the Board. ~o person, other t~han a' meraber 'of 'the Board, the person having the floor, shall be De_-mitte~ · to ~ ~ en~e_ into any discussion ~ithout the permi=sion Cf the Chair. W~enever a group of persons wishes to a~dress ~he Boar~ · on the same subject matter, it shall be proper for the Chair to request that a spokesperson be chosen ~y the '1i/'1~ 'YY i:::)'~'t NO.;'U(.J 41/4Y group to address the Board, and in case ~d~itional matters are to be presented at the time by any other member of ~aid group, to limit the number of persons addressing the Board, so as to avoid unnecessary re~tition before the Board. Rule ~3. Rules of Order. Am Chair may debate ~nd vcte. The Chair may ~ove, second and · , lim~t=~on= of deDate from the Chair, subjec~ only to such ' -~' - debate as are by ~hese ,'-ule$ imposed on all members 'of ~he Board and the Chair shall not be deprived of mny of the rights and privi!ege~ of a Director by reason'of acting as the Chair. B~ ~tiD~ the_floor; improper ~=n ~ . rede ..... c~$ to be avoided Eve?y Board member desiring to speak shall address the Chair, and upon recognition by the Chair, shall confine his ~r her remarks to the question under debate, avoiding all · personalities ~nd indecorous language~ Ce Interruptions. Once a Board member is recognized h.e or she shall not be interrupted when speaking unless'it be a call to order, or as herein otherwise 'provided.. A Board member called to order shall cease speaking until the questions of order is NO. 200 42/49 der,_--mined, and if in order, shall be permitted to proce.ed. De .~otioDs. Any motion made by any member of the Board shall . requir~ a second. Wq~en a main motion is before the Board, no · motion shall ~e. entertained except an amendment to the main motion or.a substitute motion. ' ~c_tion_to~e.c_onsider. A motion to reconsider any action taken ~y the Board may be made only at the nex~ regularly .scheduled meetinq. Such motion must be made by a Board member on the prevailing si~e of the vote, but may be seconded by any Board member and 'may be made at any.time and'have precedence all other motions. Nothing herein shall, be construed to prevent any Board men--her from making or remaking the same of Other motion at a s'~bsequent meeting of the Board. G~ ~en remarks of Authcr~,t~.- entered i~min~tes. A Board member shall have the right, upon request to the Chair, to have an abstract of his or her statement on any subject under consideration ~y the Board entered in the minutes. When synopsis of de_b~t_e entered_in, minutes. The Secretary may be directed by the Chair, 'With consent of the Board, to enter' · in the minutes a s~-.nopsi$ of the discussion on any subject under consideration by t~he Board. 11118 '99 15'33 NO.200 43/49 Rule 14. votin_/. _Qne vote.. Der ~.ember - Each member of the Board shall be entitled to one vo~e. Pro~v vote~. No p~oxyvotes are permi%ted. C~ Roll Cal%. Upon the request of any'Board men, her, a roll call vote shall be taken ~nd recorded in the minutes of the proceedings of the Board. Whenever a roll call vote .is in order, the Secretary shall call the names of the Board members in alphabetical order except that the name of the Chair Shall be called last. Dt Ma4. ori..t¥ vo_te. Any action taken by the Board shall re_cuire the ~ffirmative vote of a majority present, except a motion to select, modify or submit to ~he Depa~--tm~ ant of. Defense a proposed Reuse Plan shall require the affirmative vote of a majority cf the total members of the Board. Tie ~_o_~._~. Tie votes shall be recorded as a failure of action to pass a motion. Rule 15. Decorum. ae .. By the ~qa.r~. While in session, the Board must preserve order and decoruni; a member of ~he Board shall, n~ith~r, by . conversation or otherwise, delay or interrupt the proceeding or the peace of the Board or.interrupt ~ny'member of the Board while speaking or refuse to obey the orders of the chair, except as otherwise provided in these By-Laws.. ~en any Board member is about to speak he or she shall address the Chair; and -*hen two or more members wish address the Chair simultaneously, the Chair shall name Board member who is first to speak, and ~he'speaker shall .-_ confine his or her remarks to the question under discussion.. · · ~ other u~rsons. Persons who substantially impair or disturb a Board meeting by intentionally committing acts in violation of the provisions of these By-Laws or of implicit· customs or usages governing the conduct of Board meetings shall ·'be advised of such violation and 'requested to curtail such ~ct$ · by the Chair. If, after such advise and request, such persons refuse or fail to cu~ail·such acts, the Chair may cause any peace officer presen~ or called to eject them from the room or place Lhem ~nder arrest and be .charged ~ith a violation of Ca!ifor~ia Penal Code Section 403. In the event 10 11118 '99 15:35 NO.200 45/49 -- that the meeting is interrupted so as to render the order!~ conduct of such meeting infeasible, and order cannot be .. restored, the Board may order the room cleared and continue - in session or adjourn ~he meeting all in accordance with the Brow~ Act. Rule 16. Attendance. Members of the Board shall attempt'to attend all meetings. If any Board member is unable to attend, reasonable effor~ shal'l be made to - no~l~y the Chair or City Managers of the member agencies, or the Master Consultant/Executive Director, p~ior to the meeting. CHAPTER IV CHAIR AND¥ICE CHAIR POWERS AND DUTIES Rule ~?. Chair. The Chair and vice Chair of t_he Board shall be selected by'a majority vote of the Board on an annual basis in , ,.January. Rule 15. c~hair Pro, Tem. In the absence of an ability to act, of both Chair and the vice ~hair, the members of the Board present at the meeting shall by motion entered in the minutes melect One of the members to act as Chair Pro-Tem. The Chair Pro-Tem shall have all the powers and du=ies of t_he Chair during the absence of., Or inability to.act of the Chair or Vice Chair. Rule 19. 7~can¢¥ - Chair or Vice Chair. Should.the Chair or Vice Chair cease to be a member of the Board, the remaining members of the Board shall elect a Chair or Vice Chair at a meeting of the Board of Directors. The officer so elected shall serve for the .. unexpired portion of the term of office. " Rule 20. Definition_of the Chair. All references in the By-laws to "Chair" include, when appropriate, the "Vice Chair" and "Chair Pro-Tem." CHA~TER V REI~URSRKENT OF EXPENSES AND COMPENSATION" Rule 21. Reimbursement ~f ExDen.s~. The Board may adopt ru!es and procedures for reimbursement of expenses. Expenses may be. reimbursed so lcng as those expenditures are pa_~ of the budget approved by ~he Board, incurred and accounted for 'in accordanc_ with policies adopted by the Board. Except as provided wit-hint_he terms of thi~ provision, .the members of the Board shall serve without compensation. Rule 22. _D_ebts a~40b_li=at, ion~. Except as expressly authorized in advance by the Board, members of the Board shall not incur on 12 11118 '99 15'56 NO.200 47/4~ behalf of the Authority any debts, contracts or other obligations or liabilities. · C~!APTER VI . . STAFF TO ~ BOARD OF'DIRECTORS , Rule 23. Master_ Con=ults~%/Exe.~.ttve Direc%o~. In Consultation with the City Managers the member agencies, the Master Consultant/Executive Director shall provide staff suppo~-t to the Board. The Master Consultant/Executive Director, as well as ~ne City Managers of the member agencies and or a ' . 6. ~epresen ~a ~Ive designated by each ~uch person, shall attend all meetings of the Board. Rule 24. Attor~..ey Service~. The Irvine City Attorney or his/her representative shall attend all meetings of the Board and provide related attorney services. The · . performance of any other legal services shall re_cuire the a~Droval - of the Board. Rule 25. S_ecre_tary. to the B.oar~ of Direct0r~. The i~-¢ine City Clerk or .designee shall se.-we as Secretary to the Board. 13 C~APTER VII ADVISORY COHHITTEES .o Rule 26. Advi. sorF committee's Advisory Committees shall be established by-the Board. The primary · · ~u~ct~O~ o~ t~e Ad~±sory eomm±ttee$ are to provide techn£cal advice and expertise to the planning process, to review and comment on baseline inventories of - environmental, facilities and infrastructure data, ~nd to review and comment on planning feasibility studies for reuse options at MCAS, E1 . Toro.' in addition to the Adviso_~-f Committees outlined in the JPA Agreement, · the Board may establish additional 'Advisory Committees as de~_med appropriate. CF. APTER VIII MISCELLANEOUS PROVISIONS Rule ZT. AmmI~c. aBilit~. These rules are adopted to expedite the · transition of the business of the Authority in an o~derlY manner. and ara deemed to be procedural only. Thus, a failure by the Board to s~rictly observe such rules shall not affect its jurisdiction or invalidate any action taken at a meeting th'at is otherwise held in conformity and compliance with the la~. Except as othel-w~se · provided by law, these rules or any one thereof may be susDended 14 'i'1/-i0 'YY 'l)'~( NO.-"'U~ . by order of the Board and will be deemed suspended by actions not in accordance therewith. /- .c :'" SECO~D-~T~ED RESTATED AGREF-~EEI~T CREATi~G TEE EL TORO REUSe. PLA~%'I~G AUTHORITY -INTR.ODUCTJON This Amended and Restated Agreement (hereinafter the · "Agreement-) establishing the E1 Toro Reuse Planning Authority -- · ("Authority-) is made and entered into between the City of i~--vine , and the City of Lake --~ :o~_st, and one or more of the fo!!owin~ public agencies as of Feb~uary 3, 1997 (Effective Date). a. City of Mission Viejo b. City of La~na Hills c. City of Dana Point d. City of Laguna Mi~el e. City of Lacuna Beach A. ~X~REAS, the proposed closure of Marine Corps Air Station E1 Toro ("MCAS E1 Toro") will have an adverse economic impact upon the community, and therefore it is necessa~--y for those co~-%munities ........ to dete~ine t~= bes~ reuse for ~' = .... ~na~ facility. B. ~U~P~, ~.e pu~ose for the creation of the Autb. ority is to exp~t~ous!y.d_,_!op a reuse plan for ~he conversion of MOAS E! Toro to civ%lian use which promotes economic recovery, creates jobs and is e~vironmen~al!y sensitive. C. Wq~EREAS, it is the objective of ~%e Authority to develop and submit a reuse plan to the Depar~mena of Defense for ~he · conversion cf MCAS E1 Toro to civilian use as expeditiously as · , Possible. in order to accelerate economic stimuius to the community. t. 11/1~ '99 1:~'11 NO.200 05/49 .. D. WHEREAS, it is the objective of the Authority to explore all feasible alternatives and allow broad public input in developing a reuse plan. E. ~E~REAS, it · is the objective of the Authority to encourage public-private partnerships in developing a reuse plan ._ for E1 Toro. " F. ~q-.'EREA$, it is the objective of the'Authority to evaluate potential land uses which will be incorporated into the development of a General ?lan A-mendment, Zone Change and/or Specific Plan and Environmental Impact Report by the County qf orange and City ef · Ii-;ine subse?uent To the Record of Decision for MCAS w. 1 Toro.. G. ~?:5REAS, it is the objective of the Authority to conduct a general environmental evaluation of potential reuses with regard to land use, air quality, circulation, noise and hazardous waste impacts, in order to evaluate its; development Dotentia! ? - ~' on opportunities and constraints, as .uresented by Zhese factors. H. ~'-.~REAS, an Agreement establishing the E1 Toro Reuse · Planning Authority was entered into on March 15, !994, between the County of Orange and cities of Irvine and .Lake Forest 'Which was amended, testat,ed and superseded by the First .~endment thereto entered into a~ of FebrUary 23, 1995, by the cities of Irvine and Lake Forest, following the wi=hdrawa! by the County of Oranc~ from such Authority (the March 15, 1994 Joint Power Authority, a~ amended by the Feb~--ua~-f 23, !995 -~ '-~ · ~ :~r=~ ~_n. endmen~ is hereinafter referred to as the ("First Agreement:,); and i~EREA$, the cities of Irvine and Lake Forest amended, restated and superseded the First Amendment thereto entered as cf May 22, 1995, by the cities of Irvine, Lake~Forest, Mission Viejo, ~ . LagL~na Hills, Dana ~oint, and Laguna Niguel (the "Second · . Agreement") (the first Agreement and Second Agreement are co!lectiva!y referred to as the "Prior Joint Powers Authority Agreement',; and. J. Wi~REAS, the current members of the E1 Toro ReUse Planning Authority the cities of irvine, Lake Forest, Mission Viejo, La~ana Hills, Dana POint, and Laguna Nigue! desire to amend, restate and supersede the Prior JPA Agreement, to include the City of La~ana Beach within the Authority, through this Agreement. NOW, .-RE: ORE, T~.-E -'~ = in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: · CREAT=TON OF THE_A~R'.ORIT_Y · The Prior JPA Agreement is hereby superseded amended and · · restated by this A~-reement which is hereby entered into pursuant to the provisi?ns of Chapter '5, of Division 7 of Title ! of the ~ · Government code, beginning with section 6500 by the city councils of the cities of Irvine and Lake Forest,' and one or more of the city councils of the cities of Mission Viejo, Laguna .NiTuel, Dana Poin=, LaTona blills, and Laguna Beach Notice of the . shall be provided to the secreta~--f of State pursuant to'Gcverru~ent Coda Sections 6103.$ and 53051. 11/18 '09 15'12 NO. 200 06/49 The purpose of the Authority is to use its. powers to provide a broadly based and comprehensive community planning process for evaluating feasible reuse for MCAS 'El Toro' and to .prepare a' Reuse Plan for submittal to the Department of DefA_nse; as well as to , review the reuse p!~nning and related efforts for MCA$ E1 Tor: conducted by other entities including-but 'not limited to the County o~ OranGe. 3. DEFiNITiONS For the purpose of this Agreement, the following words shall have the following me~nings: · a. "Agreement" means this Joint Powers Agreement. b "Authority', means the E1 Toro Reuse Planning Au~.~rl~y. c. "~oard" means the Board of Directors of the Authority. d' "Department ef Defense" means the United States Department of Defense and its constituent subagencies and deDartm=nts e c Department of Na . e. "MCA~ E1 Toro" or "El Toro" means the United States ; Marine Corps iir Station at E1 Toro.' f. "Fiscal Year" means July 1st to and including the following June 30th. g. "Ee~er Agency" means the "-' C~es ~of Irvine and Lake Forest, and one or more of the Cities of M±ssion. Viejo, Laguna Hills, Dana Point, Lag~na Niguel or Laguna Beach. i-I/'l~ ',~2 1)'IZ NO. 200 0T/49 h. "Board Member" means a designated elected official or an . alternate designated elected official by and from a Member Agency who se.-ves on the Board of Directors. i. "Representative,, means a person designated to. se.~ve on the Advisory Committee of the Authority, including a Board Member, an elected official of any Member Agency, or any other person. ~ "Reuse Plan" means th=~ %~'~.~0~ ~' · ..... document approve~ by the Board for s,,-bmittal to the Department of Defense, which proposes the Authority's preferred reuse of MCA$ E1 Toro ~pon its closure. · k. "Record of Decision" means the Record o~ Decision issued by the S=---~a~ ...... y of Navy for disposal and reuse of MCAS E1 Toro. · 1. "Ad-Hoc Co~ittee" means a co~-~ittee consisting of Board Members or other city council member from the Member agencies, and other persons, who are not Board or city council members with technical expertise, formed to assist the planning process. 4.1 G__en~r~_! ~owers The Authority shall possess ~ - ~hooe Dowers specified in tkis · Agreement ~hi~h are necessary and implied for development of the Reuse Plan includinq but not limited :o the following. a. Develop, approve and submit a Reuse Plan for MCAS E1 Toro to the De~-~~men~ cf Defense, and review a~d comment upon reuse plans and other re~o.~me~d=~- ' - .. =~ons Prepared by other' entities, including ~ut not limite~ to the County of Orange fort he reuse of ll/16 '99 15'13 NO.200 08/4~ MCAS E1 Toro; b. Seek and obtain funding to be administered and expended as legally permitted by the Authority; · c. Contract for consultants and necessary professional services from outside of the Member Agencies; . d. Re.quest from Member 'Agencies the sez-~'ices of such Mem~er Agency staff to serve at no cost to the Authority as may he necessary to carry out this Agreement; provided, however, t,hat th~ Authority shall have the power to provide compensation to a Member Agency if the sez-*ices provided by the Member Agency are deemed by the Board to be greater th~_n =--=~ anticipated to be provided by the Me.~ber Agency; e Receive ~ ' ~' ' · con~rzbu._~_ons and donations of property, funds,. services and other forms of financial or other assistance from any persons, firms, corporations and member or nor.~ember governmental entities for the purpose of developing the Reuse Plan; f. Sue and be sued in its-own g. Seek the adoption of federal, state' or local lsgi's!aticn to facilitate the development of the Reuse Plan, and to comment on federal, state mr local legislation or actions contrary to reuse : efforts of the Authority; h. Adopt rules, regu!a=ions, policies, bylaws and procedures · necezsary to effectuate =he Au~hority,s powerS; · i. incur debts, liabilities, or obligations subject to limitations herein set forth; and o-. J. Exercise those powers reasonably necessary to undertake the foregoing powers and achieve the goals and pul-pose of the Authority. The'power'of the Authority shall be exercised in the manner authorized for the City os ~ Irvine. . .VOTING A ~ac_--~.~ of the Board shall 'consist of six (6) Boar~ Members. · No action of the Board may be taken without the presence of a quorum. Any action taken by the Board shall require the affi~ative vote of a majority of those present, except that any vote to . select ' ~ = , moc_~y or submit to the Department of Defense a propesed · Reuse Plan shall re~2ir= the ===¢--f~' - - ~-~-,L,=~ve vots of a majority of the total Board. Each Board Member shall cast his or her o~'n vote cn all matters to come before the Board of Directors. ORGANIZATION 6.1 Memb%.-.sh/.u_ The pa.~ies to the Au~ho~z~y shall be ihe public' agencies ~hich have executed or hereafter execute this Agreement, or amendment t~ereto, and -which have not,.pursuan= to the provisionz · . 11/18 '99 15'13 NO.200 10//--,9 hereof, withdrawn therefrom. 6.2 ~oard of D~ectors~ . · a. The Board of Directors shall be the governing body of the Authority. The Board of Directors shall consist of three voting Board Members from the City of Irvine appointed.by the Irvine City Council, who.~.hall be I~-¢ine City Council nemb~rs- two voting Board · t Memberm from the City of Lake Forest apoointed by the Lake ~-~-~ City Council, who shall be Lake Forest City Council members; and one vo~zn~ Board Member each from one or more of the cities of Mission '~iejo, Laguna Ei!l~, Dana Point, Lag-aha Niguel and Lacuna Be~ch, each of whom shall be a counci!member of the city ~=- appointed him or her. b. ~e .chairm~n and vice-chilean oE the Board shall ~e selected annu~ll~ i_-om among the Board Me--bars-at the ~irst meeting cf the Board of Directors, by a majority vote of the Board Me~bers, or a~ any o~her time following the creation of a vacancy in either position. 6.3 Ad-Hoc Committaes a. At the Board of Directors discretion, the ETRPA Board may · establish cna or mora of the following or other committee= for th~_ pu~ose of preparing and developing a reuse plan(s) for M~S E1 Toro: Economic Development Committee ~ Aviation ~=- --. Comm, ~ ~ee iii. Transportation C~mm~ ~tee iv. Environmental Committee 11118 '99 15'14 NO.200 11/49 v. Land Use/Community Needs Committee If established, the Primary. function of these committees shall be to oversee the development and submittal of a draft Reuse Plan for ETRPA Boar~ consideration and approval. 7~ PER S_O/~_'NE L/S IA FF I NG ' _ The Authority shall red, est from the Memb~.- A~ancie~ se_-vices of such personnel to serve at no cost to the Authority as may be necessarY to ca_~-f out this Agreement and shall additionally have the po%'er to contract for temporary professional and tecl~nical eel-vices for the performance of this Agreement, provided that there · are ade?Ual-.e sources of funds available for the pa~nent of any ~uch sel-¢ices. The Authority shall have the power to provide reasonable . compensation to any Member Agency in the event that the services provided by such Member Agency are deter:nined to be cw=a~e~ than anticipat=~ by '~ of - v~_ -ua entering into this A~re_men~. The Authority shall also have ~h_ Dower to contract with a Easter Consultant/Executive Director who shall have the' authority as deter--mined by the Board to Lmp!ement the purposes and objectives of the Authori=y. : TREASUR~ The Treasurer of the City of Irvine ("Treasurer',) shall be and shall act as the "Treasurer" of =he Authority unless the Board appoints some o=he~ person to be treasurer from or representing a Member Agency. The Treasurer shall have the custody of the 11118 '99 15'14 NO.200 12/49 Authority money and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions · of this Agreement, the Joint Exercise of Powers Act, and' with those procedures established by the Authority. The Treasurer shall assume the duties described in Section 6505.5 of the Government Code, n~me!y: receive ~nd receipt for all 'funds of the Autkority and place such funds in the Tr~asu_--yiof the Treasurer to tke credit of the Authority; be responsible upon an official bond as prescribe~ by the Authority for +-he safekeeping and ~isbursement of all Authority funds so-held; pay, when due, out of funds of ~he Authority so held, all sums payable, but only upon warrants of the officer performing the f~nctions of the' Controller .who has been designated by the Authority. verify and report, in ~'~ ' · . w_~ing on t_he first day of July, October, January and April'of each year to the Authority and to the M~ber Agencies the amount of funds held for the Authority including designation of funds held on behalf of individual members, the amount of receipts since the ~ast ~= .... · . and the ~sunt paid out since the last report; and perform sUCh other duties as are set = ~ _cr~h in this Agreement or specified by the. Board, including investing Authority funds pursuant to powers given : ; to the Treasurer' by Gove.~n%ment Code Section 6509.5 and in a manner authorized by ~overnment' Code Sections '5~601 - 53650. Th~ investment strategy shall have as its highest priorit~ safety of · principal, followed ~y liquidity, followed by yield. 10 · _~ON~RO LLE~_' The Hanager of Fiscal Ser~'ices ('.'~uditor/Controller-) of the City of Irvine shall be ~he Con,roller oS the' Authority ("Controller.) unless the Board a'ppoint~ some other person to be · controller from or' representing a Member Agency. The Controller · . shall draw warrants to pay demands against the Authority ~-hen such · demands have been approved by the'Authority.or by any other person authorized to so approve such by this AgT-eenent or by resolution of the Authority. The Controller shall perform such duties: as ara sec forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of all receipts and diSbursements.~ The Controller shall establish and maintain such procedures, funds and accounts, as may be re.,~uired ~v sound .... ~' . a~ou::~_ng practices. The books and records · . of the Authority in the hands of the Controller shall be open to · inspection at all reasonable tines by representatives of the' Ms, er Agencies. The Controller shall also serve as Treasurer of the Authority until a Treasurer can serve pursuant to Section 9 of t~is Agreement. 10. AMENDMENTS This Agreement may be amended ~'ith the approval of all of' its Member Agencies. I-i/lo 'w9 1)'l) NO.200 i4149 .. i1. LiABiLiTieS ,AND 'Ib:D~.-T~'iFi~CATIO~? · a. The debts, liabilities and obligations of the Authority shall be the debts, liabilities and ob!igati~ns of tlne Authority alone, and not of any M~-mber Agency or its employees, unless ., exp.ress!y provided to ~h_ contra~ herein, a!thou~h a Me~er Agency may segarate!v . cc.=.~=~=, or assume responsibility for specific 'debts, liabilities er obligations cf ~%e Authority, as authorized ..... -..~- Gova_.~ment Co~ Section b. Each Me, er Agency agrees to ind~nify and ho!~ the Authority an~ all other Member Agencies he--ess from any liability , -~ua! or alleged, to persons or prope~y arisin~ out of or resulting from negligent- acts or omissions of the inde~nifyin~ Me,er Agency or its e~:loyees or agents, except when acting within the scope of ~eir duties as employees or agents of. the AuthoritY. c ,'nora the Au'-hority, or !~s Member Agencies in their c=pa~_=~ as Member -~g=nc~s cr agents or employees of the Authority, are held liable for injuries to persons or property, T~he · liability of eaah Membe~ Agency for contribution or ind~.m~nification · · for such injurias 'to :ersons or ~ro~e~y shall be in ~ -'-'~"' - - - - p_op~!on to the number of Board Memd~ers. N'otwithstanding the foregoing, in ~--he event liahi!ity is imposed upon the Authorityl or any of its Member Agencies, for inju-~f ~'hich is directly and proximately caused by the neg!ig~nt or w~cng=u! act or omission of any Member Agency in the perfo~ance of or under this Agreemenz, r~he Member Agenc%'(ies') 12 directly and proxi=ate!y respensib!e for such negligent or ~ongful act or czission ska!l defend (%'ith cou~nsel 5elected by the defendin~ Member Agency), hold harmless and 'indemni.fy the Authority · · and the Me.~_ber Agency(ies) not directlY and proximately responsible for any claims or d~ages caused by such negligent or wrongful act or omission. d. in no event, hc;'ever, shall the indemnification of an employee or ~-m. er employee cf the Authority or Member Agency exceed ~ = ~ - ~ ~,-- P-Dviae~- in Covernment Code Article 4 of ChaDte~ 1 of part 2 of Division 3. ~, beginning ;'[th Section s25, as amended from ~ime to tim=_. 12. .DISPOS. iT_rON OF F~YDS Upon ~he termination of. the Authority, any funds and al! other assets of the Authority remaining following_the' discharge o~ ~!! debts, ob!i.~ationm and !i~bilities of the Authority, shall be distribute~ to -- ~'~'--:,~=_~ in a manner Proportionate to each M=mb~, S annual contribut~ one, ~vlded shall be distributed to any Me, er that has withdrawn' its TEP~M · This A~ree.men~ sha~ ~ be ===~:-'- at -- ~=.~zv~ such time as this Agreement ~:- . ~-= been executed by-~'~ ~n_ cities of irvine 5nd. L=_ke Forest, an~ one or more of the c'-' __ · ,les of Mission i~=jo, Laguna Ni~uel, Dana Point, Laguna Hills and Laguna Beach. This Agreement 13 and the Authority ~'i!l te~'-minate %'hen Il-vine and Lake Forest are no longer represented on its Board of Directors. 14. __ -The Ma.mber Agencies shall not assign a~y rights or obligations under this Agreement ~ithout ---'~ ' -~l~=en consent of all other Member Agencies. 15. Any ~'*mb~r A~ancv ~.,=~ ~'i~h~ra-~ fr~m the Authority for any · . reason by giving ~i~v (30) days its intention to do so. Such ~ction will not affect Uhe Authority ~'ith the exception of withdrawal by i~'ine and ~ke =~=== in .... ~ ~, such instance the Authority shall ~e~l~a ue. 16. PAR~L~L i~-v-ALID,!Ty_ · -.- any one or more of Zhe terms, provi~i=ns, · promises, =ov=-nants or conditions of this Agreemen~ shal'! to any · . extent be adjudged invalid, u~nenforcaable, void or voidable for.any reason whatsoever by a cou~ of competent jurisdiction, each and : J all of the . remaining te_~s, 'provisions, sections, promises, covenants and condi=ions of this Agreement shall not be 'affected - thereby and shall be valid ~.nd enforceable to the fullest e~ent permitted by la~. 14 This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies. · QPEPJ~TI .N.G FUNDS -- The c.~erating funds for the Authority shal! be contributed by the M~_~ber Agencies in proportion to the number of votes on the Board allocated to each Member Agency, .as follo'~s: City cf i~-~ine (3 votes.) City cf Lake Forest '(2 votes) C~tv.of u~ssion Viejo (1 vote) City of Laguna Hills (! vote) City of Dana .Point (! vote) City cf Laguna Nigue! (3 vote) City c=Laguna Beach (1 v. ot.e) Each Member Agency's financial ~-'~, ~- - con~u=!on will increase in P-~por~!on to the n .umber of such Me-~ber Agency's Board ~g=~,cy(ies) withdraw from the Authority, or if one or more of the above P~m!ic agencies do not join the Authority. : !9. EX~-",, .C~.TiON IN C. OU/%~rERpA_RTS . This Agreement =ay be executed in any n~e~ of counta~a~s and by ~.e ==~=es .... ~ in separate co,texans, each of which when so executed shall be de,ed to be an original and all of which taken together shall ~ '- ~ con$.l~u~e one and the same a~reement. CITY oF IRVi_NE Mayor Dated-- ~_- _t~, -c; CITYI OP L~E' ?OP~-~T . Mayor _ ---ROV_D A~ .0 rOP~/ . ATTEST: · City~ Clerk FISSION VIEjO · $ . ATTEST: · A-DPROVED AS TO FO.~: City A=torney ATTEST: City Clerk /~- Mary ;~. Ca~'~.~n' CITY OF DA_%~ pOiR~f , orney . ATTEST: City Clerk CiTY OF LAGUL~ ~IGUEL CiTY OF LAGUNA BEACH Dated · CLty ~Ct'or~ey ATTEST Ci~ O!erk FIRST ASIEND~'T TO SECOND A_MENDED ,MN-I) R.F~TATED AGRKEMTF. NT CREA~G I'HE El'. TORO REUSE t:'LA,.N-N~G AU'II:tO~" INTRODUCTION T'n/~ FL-st Arn~dm~t to the S=ond Amended =,nd Rmsmt~ A=mv. gmmt C~ting .the EI Yom R-_urn Plmnning Authority (hercLnafter the "Pk-st Amendment") is made md entered in. to bztwmm tl~ be. tow-Iistad cities. z. CiD. of Lwine bo C. CiD' of Lake CiD' of Mission 'vSejo City of l..%=una t:iills City of Dana Point City. of Lagtma ~gueI Ci.w. of Lz~,:na Beach City of Laguna Woods A. WtIEREAS, the c5.ties of irvine, Lake Forest, lvl'=sion Viejo, La=_nma l=fi!s, Dana Point, l. agnna Nigue..I, and I.z=mma Beach entmv, d into the Second Ammded 'and Rmsmted Agr~ment Creating the E1 Toro Reuse Planning Authority (the "Authority") effe. c-'dv-~ Fgbrtmry 3, 1997. · the City of La~a Woods was recently 200 22/~9 Co Authority. W-~S, thc City of Laguna Woods hm requ:sted to becom-~ z m~mb~r of th~ Board of D~ors of thc Authority .apprcr,,ed in princ'/ple at its .. A.pr51 26, 1.e99, m~ting ~¢ CiD- of Laguna Woods becoming ~ re'amber of the Author:iD,. . V~~AS, the pu .rpose of this First Amendment is to Provide for th: City of r.~guna Woods be-.-oming a mem~r of the AuthofiD' mhd to pro~,Sde for the te~'r~s and conditions of t~',at mernb'~hi~. NOW, T"m:'-REFORE, in consideration of the mutual ~m'omims and covenants heroin conmLn~, the parties hemm ~o-r~ as follows: I. B0~,-d oLDJr.~tor~. amended to read ~ £oIJ. ows: Subpa,~g,.-aph a. of pm'"a~ph 6.2 (Bom-.d of Dire:tom) is 6.2 .Board of~Dj~ ."~t. o~ a. The Board of Dir~tors shall be the governing bt~dy of the Authorky. ~'-ne Board · of Di.r~to~ si'~!l consS, st of thr~ voting. Board Members from. the City. of Irv:me ~?poin'ted by the Irv~j~e Cit7 Council, who shall be Irvine City CounCil mmrtbe, r.s; two voting Bo-~,,rci Membe~"a from the City of Lake Forest .~point~ by the I2~ Forest City council., who sh~11 be Lake 5/05/t~9 Forest Ciw Council members; and one voting Board Member each from one or more of the citi~ of ]vii~sion -v'iejo, La~na Hills, Dana Point, La.o~na Ni~el, Laguna Be:a~h, and Laguna Woods, each of whom shall be a council member of the ciD- that aFpointed him or her. Member A~encia~. Subparagraph ~, which defin~ the te. rm M. mb= Agzney, , , ,, _ - - ~- . ~,.o~ W of Pv_.--%,~,~ph 3 (Definitions) is amendM to rea~I ~s follows: "Memb-~ Agency" m~=eans the cities of Lrvine and Forest, and one or mom of M,e cifigs of Mission Viejo, ~una Hills, Daa PoNt, Mgunz hSgueI, Mg~a B~ch, · . 3. O')erafing. Fund~. Para=mph 1 $ of the Second Amended and Restated A~r~men~ is amended to r~d as foI]ows: 18. QPERA17NG l~u .-ND~ ., a. The op..,~'ag-~g fim, d~ for the Authority shall b¢ conufibUted by the Memb=' Ag~cies in propo,~.on. to the number of Votes on the Bo~ct tllocamd to each Member Agency as follows: .. 5105199 ., 'l~/]C~ '~? ]5'26 I~0.200 24/49 City o£ In, in= (3 City of Lak~ Forest (2 votes) City of Mission Viejo (1 Vote)' City of Imguna . City of Dana Point (1 vote) City of Laguna l',SgueJ (1 vote) City of Lzg'una Beach (I voto City of Laguna Woods (1 rot0 b. 'Notwithstanding the. provisions of subpa~--agr-.apl~ p.., th: con~ibution for oi~mting funds for the Ci.~' of Laguna Wood~ shztl be, for fi~caI year lPPg.-20(D, $150,000 with money paym~t~ of $1.0,000 for th: first six (6) months and $15,000 for 'the remainder of th: fi_t,.-z.l ?-.m-. Fur&er, stm-'Jng in fiscal year 2000-2001 mhd for each fzscmi year the.~,.a&cr, the con~bmSon for ope,-a~ng funds for the Cicy of I.~_guna Woods shall be ~ pro~Sd~ for Lq subpz,-~=.~ph =__, of this pzra~aph. 4. Co~nua~on of Second Am.e_n. deal and R~,'~t~ A~m=nr. All of r~¢ t..'~rms and · ¢onmt~.o~s of ~e $~.ond .4~mmded mhd Restated Av~ment that are not amend~ by this ~rst Am~dm~t shall remain in fun force and'effect. 5. Eff=tiv~ D~,te_. _,-his .~'n=-.dmem. t shall be:omc =ffecti~e when approved by the city councils of ~ach of the Member Agencies and by the B~ard of Direc!or.,.,.s of the Authofi~, · 6. Eze. z. ufion and Cou.n..t=ma,%~. This First Amendment may be ex~utM in any number of counte.,"parts and by the parties hereto in ~parate countgrparts, each of which when so e.,x~urmd sh~ be dee. mM to be an original and all of which token together.shall constitute one and the same agr~ment. CITY OF LAKT_. FORF~T 3v AT/T. ST: ' .Mayer City Clerk Dated By APPROVED AS TO ~OR~.: Ey City Armmey $/05/99 '111]~ '99 15:26 NO.200 26/49 6. Ex~ufion and Countem~,~.s. This First Amendment m~y be ex~ut~ in any number of counterparts and by the parties hereto in s..~parate counte_rpanx, ~ch of which wh~ so executed shall be d~med to b= an original and all of which taken togeth= shall constitum ong and the same agreement. CITY OF ATTEST: By City Clerk M~-yor By Dale~ AP?RO'v.~_D AS TO FOKM: By City A~m~y crH o~ L~rC~ ~o~ST A.PPROVF_.D AS TO FOR_M: .5 ATTEST: City 'Clerk · ~ CITY OF MISS;ION VIF_JO . ~ City Clerk ' /Mayor · APPRO~ A5 TO FOIL, M: City AgomeY CITY OF LAGUN:t ~ ATTEST: By City Clerk Mayor Dated By APPROVe-Z) AS TO FORM: By City Atto, ney CiTY 0 F D.&N:.k PO L'NT : Al ~-TEST: By City Clerk Mayor APPROVED AS TO FOR_M: 3y City Attorney 11/18 '99 15'27 NO.200 26/49 CITY OF M/SSION '~TF_JO By Mayor Dated Ci~ Cle. zk 'By APPROVED AS TO FORN{: By. Ci~ Aza. may CITY OF LAGUNA HTT_.t:S lglzyor C~.~% D. ~~_D 1993 APPROVED AS TO FORM: By 0~-.;. ~o .- A ~'iWF..ST: City Clzf~ 7 · ' CITY OF D ,By Mayor ~2PPROV-~.D AS TO FOR_M: ATT=ST: City Cl~k By By 5;05199 City Artom=y CITY OF MISSION VIEIO By Dated Mayor ATT-~T: City Clerk By APPROVED AS TO FORM.: By · City Armmey CITY OF LAGILNA IiTLI~ By Mayor. Dal~ APPROVED'AS TO FORM: By civ ATT=~ST: City CIe~-k By CITY OF D.~N'A POLN'T ' A-PPkOV~2~ AS TO FOP,.M: City ^,'tomey ATTEST: City Clerk -I'1!-i0 '~'~ i)'k.l NO.?.O0 .50/49 CrI'Y OF LAGIYNA AriGUEL Mayor'/ APPRO¥~ AS TO PORM: 'Ci~ Attorney ; crrY OF LAGDLNA BEACH By Mayor Dm~t APPRO'v~D AS TO FOR/vi: ATTEST: C' erk . ~ City Clerk By By City A~mey CITY OF LAGro~'A WOODS By Dated Mayor · APPROVED AS TO FOR.M: ATi~_,ST: CitY Clerk By By 5105;99 Ci9, Attorney CITY OF LAGUNA NIGUFJ. By Mayor APPROVED AS TO FORM: By Cit'y A~mey crrY OF r_AG~'A BEACFf /' M2yor ATTEST: Cky CI~rk By ATTEST: City Cl~k By_ CITY OF LAGb~i~ WOOD~ By Mayor -- A-:PROVED AS TO FORM: By City A=om~.y $t0~199 .7 A TTE~--f: City Ckn:k By crrY o F LAGUNA NIGb'F, lr, By Mayor Dated A. PPROV'~D AS TO FOP,M: City Amomey CITY OF LAGTo."N'A BEACi:~ ATTEST: City 'Clerk By_ Mayor .~'aPRO~ AS TO FORM: ATT=ST: City Clerk By By_ C/fy Aaomey CITY OF LAGL~'A WOODS APPROVED AS TO FOP.5~ City Clerk 5/O5;99 .7 EXHIBIT C Resolution No. 00-10 12 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 00-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING REQUEST FOR ASSOCIATE MEMBERSHIP IN THE EL TORO REUSE PLA_NNING AUTHORITY WHEREAS, the E1 Toro Reuse Planning Authority (ETRPA) has been created as a joint powers authority under California law composed of eight Orange County cities; and WHEREAS, ETRPA's overall goals and objectives are to prevent utilization of the former Marine Corps Air Station, E1 Toro, for an international airport; and WHEREAS, ETRPA has created an Associate Membership category for other local government agencies that support ETRPA's member cities goals and objectives; WHEREAS, the City of Tustin shares ETRPA's ~ouiding goals and objectives in opposing development of an international airport at E1 Toro, NOW, BE IT RESOLVED, that the City Council of the City of Tustin does hereby request Associate Membership in the E1 Toro Reuse Planning Authority; and let it be FURTHER RESOLVED, 'that the City of Tustin does hereby commit to abiding by the guiding principles of ETRPA. Of PASSED A2qD ADOPTED by the City Council of the City of Tustin, at a regular meeting on the ~ ,2000. TRACY WILLS WORLEY Mayor PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 00-10 PAMEL~ STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City CoUncil of the City of Tustin is five; that the above and foregoing Resolution No. 00-10 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the ~ day of ,2000, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk