HomeMy WebLinkAbout05 RSM MEMBER FETCA 03-20-00DATE:
MARCH 20, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
ADMISSION OF THE CITY OF RANCHO SANTA MARGARITA AS A MEMBER
OF THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
SUMMARY
Approval of Resolution No. 00-18 authorizes the Mayor and City Clerk to execUte "Amendment
No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the
Foothill/Eastern Transportation Corridor Agency" to include the newly incorporated City of
Rancho Santa Margarita as a full member of the Foothill/Eastern Transportation Corridor
Agencyl
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 00-18 to authorize the Mayor
and City Clerk to execute "Amendment No. 4 to the First Amended and Restated Joint
Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency"
to admit the City of Rancho Santa Margarita as a full member of the Foothill/Eastern
Transportation Corridor Agency, subject to approval' by the City Attorney.
FISCAL IMPACT
None
DISCUSSION
The City of Rancho Santa Margarita was incorporated on January 1,-2000. At a public hearing
on February 17, 2000, the City adopted a Resolution establishing Areas of Benefit, estimated
costs and required fees. At a subsequent public hearing on March 2, 2000, the City of Rancho
Santa Margarita enacted an ordinance adopting the Major Thoroughfare and Bridge Fee
Program. These actions were pursuant to Section 4.1 of the "First Amended and Restated
Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor
Agency".
In accordance with these actions, the newly incorpOrated City of Rancho Santa Margarita has
requested admission as a full party to the Foothill/Eastern Transportation Corridor Agency. To
implement such a request, the Agreement requires the unanimous consent of all Parties,
including the City of Rancho Santa Margarita, to be evidenced by execution of a written
amendment to the Agreement.
Admission of the City of Rancho Santa Margarita as Member of the Foothill/Eastern
Transportation Corridor Agency
March 20, 2000
Page 2
Accordingly, it is recommended that the City Council adopt Resolution No. 00-18 which
authorizes execution of the noted amendment to provide for the admission of the City of
Rancho Santa Margarita to the Foothill/Eastern Transportation Corridor Agency.
Director of Public Works/City Engineer
DRK:Admission of RSM to FETC Agency
Attachments
Dana R. Kasdan
Engineering Services Manager
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
TRANSPORTATION CORRIDOR AGENCY" TO ENABLE THE CITY
OF RANCHO SANTA MARGARITA TO BE ADMITTED AS A FULL
MEMBER OF THE FOOTHILL/EASTERN TRANSPORTATION
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
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
WHEREAS, the incorporation of the City of Rancho Santa Margarita (the "City")
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
such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of
the Agreement; and
,
WHEREAS, at a subsequent public hea~ng on March 2, 2000, the City enacted
an ordinance adopting the Major Thoroughfare and Bridge Fee. Program in
accordance with Section 4.1 of the Agreement; and
WHEREAS, the City has requested admission as a party to the Agency; and
·
WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent
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 Margarita, is
required to admit the City of Rancho Santa Margarita as a Party.
NOW, THEREFORE, BE IT RESOLVED that in anticipation of the events
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
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
Foothill/Eastern Transportation Corridor Agency", attached as Exhibit "A".
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 20th day of March 2000.
Tracy Wills Worley, Mayor
ATTEST:
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 Foothill/Eastern Transportation
Corridor Agency imposed no terms and conditions upon the participation of the City 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/Eastern 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 FIRST 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 October, 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
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 (4'h District)
(o) County of Orange (5'h District)
SECTION 3. Section 3.2 hereby is amended to read as follows:
... BOARD.
(a) The Board shall consist 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 Ana, Tustin, Yorba Linda, and the County of Orange (3~, 4m and 5~'
'Districts).
ATTEST:
COUNTY OF ORANGE
Clerk of the Board of Supervisors
By:
Chairman
Board of Supervisors
By:
Dated:
APPROVED AS TO FORM:
By:
County Counsel
ATTEST: CITY OF ANAHEIM
Clerk of the City of Anaheim
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Irvine
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
By:
Mayor
CITY OF DANA POINT
By:
'Mayor
CITY OF IRVINE
By:
Mayor
~
ATTEST: CITY OF LAKE FOREST
Clerk of the City of Lake Forest
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
·
Clerk of the City of Mission'Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of orange
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
By:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF ORANGE
Mayor
ATTEST: CITY OF RANCHO SANTA MARGARITA
Clerk of the City of Rancho Santa Margarita
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
By:
Mayor
_ATTEST:
Clerk of the City of San Clemente
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF SAN CLEMENTE
By:
Mayor
ATTEST:
Clerk of the City of San Juan Capistrano
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
ATTEST: CITY OF SANTA ANA
Clerk of the City of Santa Ana
By:
By:
Mayor
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
CITY OF TUSTIN
Clerk of the City of Tustin
By:'
By:
Mayor
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
CITY OF YORBA LINDA
Clerk of the City of Yorba Linda
By:
By:
Mayor
Dated:
APPROVED AS TO FORM:
By:
City Counsel
APPROVED AS TO FORM:
By:
Counsel
Foothill/Eastern Transportation Corridor
Agency