HomeMy WebLinkAbout10 OCRRA-ETRPA 03-20-00AGE DA
NO. 10
3-20-00
DATE:
TO:
FROM'
SUBJECT:
MARCH 20, 2000
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ORANGE COUNTY REGIONAL AIRPORT AUTHORITY (OCRRA) AND
EL TORO REUSE PLANNING AUTHORITY (ETRPA) MEMBERSHIP
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 Authoriiy (ETRPA) and
resignation from OCRAA. On February 7, 2000, the Council voted 3-2 to deny authorization to
join ETRPA and to maintain membership in OCRAA. On March 7, 2000, in the General
Election, Orange County voters approved Measure F (Tustin voters approved the Measure with
67.7 percent of the vote). Subsequently, Councilman Potts requested this item be agendized and
requested that the Council reconsider membership in ETRPA and withdrawing from OCRAA.
City Council Report
OCRAA and ETRPA membership
February 7, 2000
Page 2
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 fights. Affiliate membership is applicable to
non-governmental organizations. There is a $500 annual membership fee for affiliates and
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.
If the City Council's decision is to request membership in ETRPA, adoption of a resolution
consistent with ETRPA's requirements is necessary. 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. The attached Resolution 00-10 is consistent with ETRPA's By Laws.
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.
Elizabeth A. Binsack
Director of Community Development
Exhibits:
A. Letter dated February 26, 1999 from Councilman Saltarelli to OCRR~ Executive
Director Peggy Ducey
B. ETRPA By-laws
C. Resolution No. 00-10
ccreports: OCRAA and ETRPA membership 3-20-00.doc
EXHIBIT A
Letter dated February 26, 1999 from Councilman Saltarelli to OCRRA
Executive Director Peggy Ducey
Office of the City Council
February 26, 1999
C
ity 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 Airpbrr Authority, (OCRAA). The motion approved by the City Council
join OCR.AA included a stipulation that a conditional letter from the Mayor accompany
r2ne Joint Powers Agreement (J'PA).
Thomas R. Saltarelli
'Mayor
Tracy Wills Worley
Mayor Pro Tern
Mike Doyle
Counciimember
Jim Pot'ts
Councilmember
Jeffery M. Thomas
Councilmember
The pu¢ose 'of this conditional letter is to emphasize that by executing the attached J'PA,
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 T-ustin's membership in OCRAA is to gather
information and participate in the airport planning process in the County.
Councilmember Mike Doyle will serve as th~ 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.
'~"he 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
Tustin City Council
Elizabeth Binsack'
..-
. .
EXHIBIT B
ETRPA By-laws
RIJLES OF PROCEI)~ AaN~ BYLAWS'
--
. FOR TIlE
_.
BOARD OF DIRECTO~ ·
OF T'KE
EL TORO RI;USE PLAN-N~G AIj'i'ttORiTY
C~_APTER 1
GE~-EP.AL PROVISIONS
Rule 1. Board of Directors, Rules. These rules shall apply to
the Board of Directors ("Board") of.~e E1 ~oro Reuse Planning
·
'Authority ("Authority") ~hi~ sitting as the ccv~-nin~ Board for
uhaU entity.
· may be ~w~nd=~_ __ only by' official =ct~o~_ _ .. by the ~-~c=r!. = ~
CHAPTER ii
BO~_~D Y~ETiNG$
Rule 2 Brown Act. All ~t~ncs of the Board sh=~ be Conducted
in accordance ~°ith t_he R~_lph M. Brown Act, "C=_!iforr~.ia Code Section
-.. 50 seq, the
.............. e~__r_d to as "Brow~u Act.
Rule 3 Regular Meetin=s The regular
shall be held on the rough Monday cf each month, beginnin~ at the
hob.of 5:30 p.m. on such day, at ~he Lake Forest city Hall Council
Chambers located on'the second floor cf -~he Lake Forest City Hall,
· ,
23161 Lake Center Drive, Suite i00, Lake Fo-~es~,~ CA.-
Rule 4. Joint Meetinos. The Board may hold joint ~==~-~= with
its Advisory. Co~nittees in order to discuss ct' resolve issues of
common interest or. concern.
Rule 5. Meetincs on Eclid~ws ~nen a regular .meeting of
;
Board falls on a holiday, a soecia!.~ . meeting shall be called or t.~_
meeting %'il! no~ occur"5~ntil the ne~ re%~a!arly'schedu!ed meeting.
Rule 6. cl6sed Sessions. The Board may hold closed sessions
during any meeting when authorized by and in a.ccordance With the
= th~ orcceedincs of the-Board =h~ 1 be
Brc~u '~- No minutes o,
tmken durin? close~ session.
Rule 7 Ouo_-um A majority of th= .~.=~b=~= o= +~= Board shai]
cons~m~,e a ~orum required t~ conduct' business of the Board. in ....
the absence of a q3uolunn, the Board m*_~bers present may adjourn the~'-3 .....
meeting to a. stated time and place. If no Board members are
present, the Secreta_~-y of the Board may adjourn the ma=_ting to =_
stated ~= and place in accordance with Brow~n Act.
Rule $ Minutes ~h~ ~=~=~=.-v cf the .Board shall -={ ~=~
co~.olete and ~c~rate ~itten minutes of all meetings of ~e Board,
and copies of such minutes sku!! be provided to the individual
.
me, ers of ~e Bc~d. The Secret~ sh~!l aisc distribute the
minutes to tke City Man,gets of ~e me, er agencies', and the Master
· .
Consu!~_~/~xa_u.~e Dire~cr. n~=~h~on of the minutes shall
be ~ade prior to ~e reeler meeting of .~he following mon:%. The
~inutes ~hal! refle~ ~e attendance ~nd ~sencas of ~e~ers of ~e
Board, shm!l consist of a brief -~-~=-~-~ ' '
=~=~_~L_~ of all agenda lt-=ms,.
shall include all motions, shall no~e all votes r'ecorded thereon
'and shall note the final action taken by the Board.'
-
Rule 9. Preparation' of A~end~
A. The" agenda shall be prepared by the fxecutive Director, in
consultation ~-ith the me, er agencies The .... ~= sha!l, be
. .
d_~,_ibu~ed by .the Executive Director prior to ~-00 p.m. on
the Friday before the meeting to all m~ers of ~e Board and
to the City Managers of the me~er agencies} and the agenda
sha!i be made available to all persons %'ho have requested the
.agenda. All items of business to be discussed at a meetinc
of the Board shall be briefly described 'on the agenda2 The
description should set out the specific action which will be
considered by the Boar~ (if any). in sufficient deter__
a uerSon otherwise ~a%'are could dete~ine the general nature
.
or subject---~==~ = ~
~,= .... c ~..e it~ by reading the agenda.
LOcation of Postinc - .--or purpc;e= of Bro~ Act compliance,.
·
a meeting notice, and agenda sh~l! be posted at the' C_~y~ o-=
ir¢ine (City Ha!l), and City of Lake Fores% (Cit~ Ha'l!).''
Ci
Pcstinc for .~ecu!ar Meetincs - For any regular meeting of '--"
.o
Board, the notice and agenda ~ha!! 50 pos-.ad no lat=_r ~Xan
·
..
seventy-t-~o (72) hours prior to the time set for T_he meet~_n~.
De
Posti~ for Specie! Meetings - For any special'meeting of the
Board, the notice and agenda shall be posted no later than
t~enty-four (24) hours prier to the time set for the meeting.-
·
.
CF-A_z~ERiII
COI~DUCT 'OF ~ET/I~GS '
Rule ~_0. Co~.-a~issio~ Mee%£nq Procedure.
All meetings shall be conducted in the order seU
~o~h in the fo!~ o~'inc paragraphs:
Call to Order Meetings shall be call to order by ~h_ ~
Cha__.
Ple'dce of Al!eciance - Led by the Chair.
C. Attendance'- The Secretary shall record the autenc=nce' '- .
D.
~db!ic Comment - The Chair sh=~i! ask if any person wishes to
speak to
~n_ Board on any item net list=_= on the agenda
Cs~_.m, ent is limited to three (3) minutes per spe~_ke~ with an
==-_~=~= time limit not to exceed twenty (20) minutes.
___~-=sentatic~ns ~n~ Staff ReDoubts, - Tlze'Ci%y ..... w.=n=m,=~_-=~_~ of-tka
me~er agencies, a designated representative, or the Master
Cmnsultant/Executive Director shall make presentmtions to the
11/1,5 '~ i5'50 l'iO.,lO0 39/4?
Board and request action(s) as deemed necessary.
.
~dditiona! Matter_s - ~my agendized items not fitting--'it~hin
·
the above categories.
-
Go
A d jou r~eo_t -
meeting.
Chair solicits motion fo adjourn to the next
Rule !!. Omen =eetincs. .The reuse planning process engaged in by
the Board shall be an open public process in which a~v~nce notice
of all meetings and agenda items shall be provided to the public.
Subject to the provisions, cf ~hese _Jules, mny member of the ou~!ic
shall have the right to'address the Board by oral communication on
any mat~er' - ~hen being discussed by those bodies '
Rule %2. Presentations before the Board of Directors
A Address'in~ ~h_ Bcar~ D!rectors
Securin~ ~ermission, w: ~
-._=h~ to address the Board of Directors.
· .
Any person desiring to address -~he-Board shall first secur&.
the Del-mission of t%= ~hair, provide~, however, ~
.... ~ha~ under
. ·
fo!!owin~ 'headings of business, uniess, the Chair rules
othe~;ise, ~nyqua!ifie~ ~nd intereste~ per, on shall'have
· ·
right to address ~he Board upon ~btaining recognition by the
Chair:
--.
o-
(a) Presentmtions and.staff_Repol~..~.s._ Interested persons cr
their ~uthorized representatives may address the Board
in regard to matters th~n under' consideration.
Intereste~ parties or their authorized representatives
may also address the Board with regard to
co~mmuniCations or in reoorts. - of ~h_
Consultant/Executive Director and the City Managers ef
the member agencies. ·
(b) MmnDer of addressin= the Board of Directors; item lim!~
sookesoe~son for crouo. Persons addressing the Board
shall stem um to the microphone give th=ir name
addra~ in an addib!e tone of voice for the record, l'~it
their address to ~.ree (3) minutes, un!em$ further time
Cha__ A1 ~
is granted by the ~. _ remarks shall .be addressed
to the Board as a body and not to. any individual me~er
· .
cf the Board. 5'o person, other t~han a' member of the
Board, th? p~rson hav~ng the floor, mhall be permitted
to. = - . '
en~e_ into any discussion ~'it_hout the :e.--mission ar
the Chair.
~-aenever a group cf persons %'ishes to a~dress T_he Bott~_
·
on the s~me subject--~"- -
~=~e~, it shall be proper for the
Chair to re_cuest that a spokesperson be chosen 'by the
group to address the Board, and in case additional
matters are to be presented at the tim~ by any other
member of ~aid group, to limit the nu~er cf persons
·
.'addressing the Board, so as to .~void unnecessary
.
repetition before %he Board.
Rule 13. Rules of Order.
· .
_
A~
Chair may debate and vote. The Chair may move, second and
. .
·
debate from the Chair, subject cn!y to such limitations of
· . ·
debate as are Dy tP~ese .--u!es i~pcsed on all members 'of the
Board'and the Chair shall not b~ deprived of ~ny of the rights
and privileges of a Director by reason'of actin~ as ~he Chair.
~e%~i~c the_floor; improper references to be avoided. Every
Board mer~er desiring to speak shall add, ess ~%e ~air, and
upon recognition by t~e chair, shall confine his 6r her
.
remarks to the question ~nder debate, avoiding all
.
person~!ities ~nd indecorous language.-
Cm
interruptions. Once a Board member is recognized he cr
shall not be interrupted -when spe~king unless'it be a call
order, or as herein othel-~ise provided. A Bce. rd member called
to order sh~!l cease speaking ~ntil the questions of order is
date_--mined, and if in order, shall be permitted to procesdo
De
Motioo~. Any motion made by ~ny member of the Board shall
·
re.cuir~ a second. ~n a main notion is before the Board no
m~tion shall ~e. enter%aimed e~cept an amendment to the main
motion or a substitute motion.
~c~io,_n_to~econsider. A ' ~
mo~_cn to reconsider any action taken
by the Board may be made only at the nex~c reTalar!y .sche~u!ed
meeting Such ~ '
· mo~lon must be made by a Board ne.mber on the
~revailing s i~e of '~ ' but may be seconded by any Board
. -- t .-~ vo.e,-
men-her and 'm'ay be made at any time and' have precedence over.
all ot~er notions. Nothing herein shall, be construed to
...
preys_mt any Board me~ber from making or remaking the same of
·
ot2.ner motion at a s'~bsequent meeting of the Board.
~en remarks of Authority entered in minutes. A Board me.~=ber
· .
shall have the right, upon request to the Chair, to kava an
abstract of his er her statement on any subject under
·
·
consideration ~y the Board ~ntered in ~he minutes.
~en synopsis cf debate eD.tered_in, minute~. The Secretary may
be directed by ~he Chair,'wi~k consent of the Board, to enter
in ~he minutes a s~mcpsis of the discussion cn any subject
under consideration by Lhe Board.
Rule 14. . Votin__~.
.o
One vote Der ~ember - Each member of the Board shall be
·
entitled to one vote.
Pro~v. votes No p~oxy votes -
Roll q-=Il Upon the re~aest of any 'Board mere'er, a roll call
vote sha!l be taken ~nd recorded in the ;-. ~
- m_,,u~es of the
proceedings of the Board. W~enever a roll call vote .is in
order, the Secretary shall call the names of t-~e Board ,m~mbers
in alphabetical order e×cept t2~at t2~.e name of the 'Chair SP, a!!
be called last.
D~
Ma~or!tv vote. ky action taken by the Board shall
the ~ffirr.~ative vote of a majority pre~ent, except a motion
to select, modify or sLLb,?.it to the Departm~ ant of. Defense a -
proposed Reuse Plan shall recuir=_ the
- a~ir~,ative vote of
majority cf the
~==_ members .of the Board.
~ie Vcte~_. Tie votes shall be recorde~ as a failure of action
to pass a motion. "
~ule 15. Decorum.
ae
.o
By the Board. While in session, the Board must presez-¢e order
~nd decor%~l: a member of the Board shall · neith'~r, by
conversation or othe~-.'ise, delay or. interrupt the proceeding
or the peace of the Board or.interrupt 'any'member of the Board
wki!e speaking or refuse to obey the orders of the chair,
except as othez-wise provided in these By-Laws.
~quen any Board merLoer is ~bout to speak he or she shall
address the Chair; and when two or more members wish 'to
a~ress ~ '
~,,e Chair s~!taneously, .~e ~air shall n~e the ..
.
..
Board m~er who is first to spe~, and ~he soeaker shal~.-.-..-:'-~
confine his or her r~arks to ~e ~estion under discussion..
By_ other o.~rsons. Persons who substantially imoair or disturb
a Board meeting by intentionally committing acts in violation
of the provisions of these By-Laws or of impli'cit'customs or
usages governi~ng the condu~ of Board meetings shall be
advised of such violation and requested to curtail such ~cts
by the Chair. If, sfter such advise and request, such persons
refuse or fail to ~--~ ' ' '
c-_~ali, such sots, the Chair ~ay cause any
·
peace officer presen~ or called to eject t_hem from the meetih~
room or p!ace them ~nder arrest ~nd be .char~ed ~'ith a
violation of Ca!ifo_~ia Penal Code Section 403. In the avant
!0
that the meeting is interrupted so as to render the crder!~
conduct of such meeting infeasible, and or,er cannot be
o.
restored, the Board may order the room c!ea~ed and continue -
in session or adjourn ~he meeting all in accOrdance with ~ne
Bro~ ACt.
Rule !6. Attendance. Members of the Board shall -~=---'
=~_~ to attend
all meetings. If any Board member is '~ab!e to attend,
reasonable effort shall be made to ~'=. '
no~!~v the Chair or
City Managers of the nether agencies, or the Master
Consultant/Executive Director, p~ior to the meeting.
C~APTER IV
CHAIR AND YTCE CHA_~
POWERS A_%'D DUTIES
Rule 17. Cha~ro The Chair and Vice Chair o~ t~he - =-'
- ~o_._= shall be
selected by'a majority vote of ~e Board on an annual ~- 4 in
,
j~ua~. '
Rule 18. ~ha.i~ Pro Tem. In the. absence of an ability to act cf
both Chair and the Vice ~hair, the members of t. he Board present at
the meeting shall by motion entered in the minutes ~e!ect ~ne of
the members to act as Chair Pro-Tem. The Chair ~ro-Tem shall have
all the powers and duzies of the Chair during ~ha absence cf., =r
inability to.ac~ of the Chair or Vice Chair.
Rule 19. V_acanc¥ - Chair or Vice Chair. Should the Chair or Vice
Chair cease to be a member of t~he Board, the remaining m~bar$ of
the Board shall elect a Chair or Vice Chair at a meeting of the
Board of Directors. The officer so' elected shall eel-ce for the
..
unexpired port, ion of the term of office.
.Rule 20. Definition of the Chair.
Ail references in the By-laws to "Chair" include, ~uhen approoriate,
the "Vice C~hair" a~nd "Chair Pro-Tern."
:
C"~?TER
REI-~URSRM~NT OF EXPENSES
Ru!e 21. Reimbursement of Expenses. The Board may adopt re!es, and
procedures for reimbursement of exlpenses. Expenses m~y be
reimbursed so long as those expenditures are pa_~ of the budget
approved by the Board, incurred and accounted for 'in ac_-Ord~nc=-
~'ith policies adopted by the Board. Except as provided within t~.e
terms cf this provision,_.the members of the Board shall
wl ~hou ~ compensation.
Rule 22. Debts and Ob. li=.ation_~. Excep= as expressly authorized
in advance by t_he Board, members of 'the Board shall not incur on
12
beha!'f of the Authority any debts, contracts or other obligations
or liabilities.
· C--~APTER ¥I
.
.
STAFF TO ~ BOARD OF DIRECTORS
,
Rule 13. Master Consu!t~%/Exe=~tfve Dire=to~. In donsu!ta~ion
with ~he .. City Managers - the- m~er- agencies, the Master
Consu!t~nt/Executive Dire~or sha!'l p~ovide ~=~
Board The Master Consu!t~nt/Executive ~ ~ ~ as well
' D_re_ ~o,,
City Mznagers of the me--er agencies and or a ~epresentat{-
desi~ated by each such Derson, shall attend all meetings of
Board.
Rule 24. A~torn~y Services.
The irzine City Attorney or his/her reoresentat~v= shall --~= = -~
meetings of the Board and provide related attor~ey ser.'ices. The
· .
perfo~ance of any other legal services sha'll re=uire the approval ·
of the Board.
Rule 25 Secreta_--v.to the Board of ~ ~'
' D__ec.ors. The i~¢ine Cicv'
..
·
Clerk or.designee shall se.-we as Secretary to the Buar~.
13
C~/~ P TER VII
ADVISORY CO -b2'-TTTEES
.o
R~le 26. Adviso_rF Committee's
.
.
Advisb.~y Committees shall 'be established by-the Board. .The primary
functions of the Advisory Co,,~!=~eeS are to provide tecPmica!
advice and expe~ise to the plar~ning process, to review and comment
on baseline' inventories of environmental, facilities
n~r_o~ruc~ure data, and to .review and comment on p!anni~g'
feasib~ ~tv. studies for reuse options at MCAS E1 Toro
addition to the Adviso~ Connittees outlined in the JPA Agreement,
· . .
the Board may establish additional 'Adv~sol-y Committees as dee~ed
appropriate.
c ~-~A~TER VIII
-~-ISC~.L.!~-a2~OUS ~ROViSiONS
Rule 27. ADml~c. abili~y. These -~ales are adopted to e~pe~it= the
=-ansltlon of the business of the Authority in an o~derly =anner.
=-nd ar~ deemed to be _=rocedural only. Thus, a failure by the Board
to strictly oboe.--ye such ---oleo. shall not affect its
~ jurisdiction
· .0
.or invalidate any action taken at a 'meeting th'at is ot_he_~{se held
in conformity and c~mp_liance with the la~. Except as
·
provided by law, these rules or any one t-hereof may be suspended
14
by order of the Board and %-ill be deemed suspended by actions not
in accordance therewith.
S?-COhqD ~E.~"DED ' ~ESTATED AGp~.NT C~.EATi~G TEE EL TORO
~LEUSE PLAA~'II~G AUTHORITY
iNT~ODUCTJON
This A~mended and -o ~ ~
~_s ~a ~ed Agreement (hereinafter the
"Agreement-) 'establishing the E1 Toro Reus_e Plannin~ Authority
("Authority") is' made and e .~--~ '
· n-_.~=d into bet:,'een the City of ir~-ine
and the Ci=y of Lake Forest, and one or more of the fo!!owin=
·
public agencies as of Febl-~arv 3, 1997 (Effective Date).
a. City of Mission Viejo
b. City of LaTana Hills
c..City of Dana Point
City of Laguna Ni~ae!
e. City of La?una Beach
A. W2~PgAS, the proposed closure of Marine Corps Air Stmticn
E! Toro ("MCAS E1 Toro") ~'i!! h~_va an adverse economic impact upon
the ~-.~. ,,--' ~..
--~=~3, and ~erefore i~ is necessary for those cc~=nunities
...... =-=-~_n_ h_ besz reuse for =nat factiitv.
.
B. ~i~P~A~, ~.e pu~ose fcr the creation of the Auuhority
is to e~editious!y, deve!cp a reuse plan for the conversion cf
E! Toro to civ%lian use which promotes economic recover, creates
job's and is envl~c,~=nta!!y sensitivo
C. ~i~EREAS, it is the objective cf ~ha Authority to develop
and submit a reuse· D!an to th= ~=-=--~ .... ~
..... ~ ......... e= Defense for the
conversion of MCAS Z! Toro to civilian use as expeditiously as
· .
possible, in order to acce~ =-at= economic stinuius to ~h_ community.
t.
-......
D. W-~LEP~AS, it is the objective of the Authority.to explore
all feasible al ~ '
terna,!ves and allow broad public input in
developing a reuse plan.
E. ~E~P~EAS, it ' is the objective of the' Authority to
~
encourage public-private partnershi_~s in develoDing a reus~ plan
._
for E1 Toro. "
F ~q~REA$, it is the object~v= of ~h-'Authority t~ evaluate
potential'!an~ uses whic~h will be in'corpor'a~e~-~to the
of a General Plan ;~en~ment, Yon= oR:nc= and/or Specific Plan and
Enviro~-~ental impact Report by the Co'~n~y of orange and City of
..... -~=~ ~o the Recc~d cf Decision for u~c Z]
G. ~7{ZP~AS, it is the objective of the Authority to con~ucn
a general enviro~enta!'eva!uation of po~e~ial reuses with
to'land use, air ~a!ity, circulation, noise and hazardous waste
i~mac%s in order to' evaluate ~- ~ .
' _~s development potentza! focusing
.
cn cmmc~tun~es and constraints, as ~resanted by ~hesa ~c~ors.
--=~--~,,---~ establishing the E! Tcrc Reuse
- .
Planning Authority Was entered into cn March 15, ~.==, between
County of Orange and cities of i~ine and Lake - ~-
=ores= which was
~h_ First ~endment th=r=t
entered into a~ of Febr~a~ 23, 1995,-by the cities cf I~'ine and
Lake Forest, following ~he withdrawal by the County of Oragge from
such AuUhority (the March !5, !994 Joint Power Authority, as
amended by ~'= ·
. ~n_ Feb~arf 23, !995 zlrst ~nen~ent is hereinafter
.
referred to am the ("Firs= Agreement"); and
I- W.~i~AS, the cities of iI-¢ine and Lake Fo
r_s~ amended,
·
restated and superseded the First Amendment thereto entered as cf
May 22, 1995, by the cities of Irvine, Lake'Forest, Mission Viejo,
Lag~una =~ 1 !m Dana ~oint, ' '
.... , and Laqun'a NigUe! (the "Second
· .
Ag~Jeement" )' (the first Agreement and Second Agreement are
collectively
-~-~ed to as the "Prior Joint Powers Authority
Agreement,,; and.
J. ~--2E~AS, the current members of the E1 Toro Reuse
a~...,_ng Authority, the cities of i~¢ine, Lake Furest, Mission
Viejo, La,aha Hills· Dan=_ Point· and La~_na Nigue! desire to
·
restate ~nd supersede the Prior J?A A?reament, to include
of La~na ~e=_ch wihhin the Authority, th. rough this A~reement.
~ =~ = in consideration of the mutual promises and
NOW, T--RE. ORE,
covenants he~eln containe~, th= ~'
-- per,zee hereto agree as fo!!cws:
·
CREAT~r.O.~ QF T:~ A~iTh~.ORiTY
The Prior JPA Agreement is hereby superseded amender and
·
·
restated by this A~-re=_ment which is hereby entered into pursuant
to tine provisions of ChaDte~ 5 of Division 7 o= T~t~ cf
'~ --- ! the
Government co~e '
· beginning with Section 6500 by the city co'~nci!s
~h_ cities cf I~ne and Lake Forest, and one cr more cf the
city councils of the cities of Mission Viejo, La~na N~=~ Dana
.
=~'' La~ana Hills, ~nd Lag~a Beach. No~ice of the
shall be pr=yided to the S ~- ~ '
e_~e~ of State pursuant to Gcverr~ent
Coda Sections 6103.5 and 53051.
11/18 '97 15-12 NO.200 05/4.°
~.o
.
~URPQSE
,
The pu_~pose of the Authority is to use its. po~'er$ to provide
a broadly based and comDrehensive community plan~in~ Process for
·
evaluating f~asible reuse for MCAS 'El Toro and to .prepare a Reus~
-- ~O_ s~mittal to the Department of DefA_nse- as 'sell as to
revie-~ the reuse p!=_nning and related efforts for Y. CAS E1 Tot=
conduced by Other entities including bu~ 'not limited to the County
~ Orange.
·
For the purpcsa of this ~~~--=-,~ the fo!!o~'in~ '~ords shall
have the =o!!owing me=_nin.cs:
b ·
d~
-~reement" means this .Joint Powers Agreement.
.......... ~ means ~ne E1 Toro Reuse ~la?~.ing Autkcrity.
"5oa~d'' means the Board of Directors of t~_e Authority.
"Department of Defense" me~ns t'~ o United St=_tes
u__. ..... en~ Defense and ~ts constituent, s:~_bagencies an~_
--_---~-...~, e.q , Department _f Na .
e. ".~AS, E1 Toro" cr "El Toro" means the United States
Marine Corp._s ~ir Station at E1 Toro.'
f. "Fiscal Year" means July 1st to and including t~.e
fcllo-~in~ June 3 0th.
g. "Y.e~er A~ency" m~ans the cities of Z~-¢ine and Lake
Z'orast, and one cr more of t2n~ cities of Mission Viejc, Laguna
Hills, Dana Point, Laguna Ni?uel cr Lacuna Beach.
h. "Board Member" me~_ns a designated elected official or an
a_.=~,,=~= designated elected official by and from a Me.~ber Agency
who se~es on ~e Board of Directors.
i. "Representative,, me~ns a person designa~ed..to. se~e on
. ,
~a Advi~o~ Co~ittee of ~e Authority, including a Board Me, er,
an elected official of any Me~er A~ency, or .~ny other person
~ "Reuse Plan" mean~ the
~' · -~-~en d~c~ent approva~ bI the
.
Board for s~mittal to the Depar'~ent of Defense, which
~he Authority,s. preferred reuse of M~_S E! Toro npon its c!esura.
k "Record of Decision" means ~= '
' ~.,- Record of Decision issued
bv ~= _~=--=~=~., of Na~ for dis~cs:] =n~ ~=us= of ~C~S =~ Toro.
-- Co.~=.=ee means a ccr~ittee conslsting
c___r city council m~er from the Me, er agencies, and
other persons, ~'ho ~re not Board cr city council m~ers with
technical.expe~isa, foxed to assist the p!a~ing process.
PO~_RS
4. ! G_ener=_! ~o~ers
The Authority shall possess t~.hose powers specified in this
:
.
Agreement ~'hich are necessa~--y and implied for deve!op~ent of the
Reuse P!--_n, including but not limited to the following:
a. n=.~=~ aD~rove and s'~mit a Reuse ~ an ~o~ MCAS E! Tcr~
..... op, ._ -_ =
,
plans and other recommendations prepared by o~er* entities,
.
including but not l~ite~ to ~e Co::y of Orange for ~e reuse of
...
.. .
. _
MCAS E1 Toro;
b. Seek and obtain f~nding to be administered an.d expended
as legally permitted ~y the Authority;
c. Contract for consultants and necessary Professional
sel-vl ceo from ~
ou=sla~ f the
· · .... ~ Agencies;
. d. Request from Member 'Agencies the seC'ices, of such Member
Acencv ~- ==
. _ s==~ to se~e at no c~st to the Authority as may
necessa~ to car~ out this Acreenent; provided, however, ~=~ th~
.
Authority shall hav~ ~he ~o~er to provide compensation
A~ency if'~=
.~ ==~- se~ices provided by the Me,er A~ency are deemed by
the Board t9 be .creater than =~-~ --~'
=--=~ ==.~!ciDated to be provided bv
e, P.=-zeive contributions and donations of property, funds
· ' F'
se~-~'ices and uther forms of financial or other assistance from any
persons, fi_-ms, corporations and mem_~er cr ncr~e~er governmental
.
entities for the pu~ose of developing the Reus= Plan;
Sue and be sued in its-own name;
g. :--_ek the ad-~' '
~.-~on cf federal, stero cr local
- - _.a ion
~a~!!itate the deve~omment ef th~ Re~sa
.... , ~ cogent cn
...... ,s=ate mr local !agis~tion or actions
efforts of the Au~ority;
· ~-~r- rules, re=u!a._~ns, policies, bylaws and procedures
·
necessa_~y to effectua%a -h_ Authority,s po~ers;
i. in=ur debts, liabilities, or cb!igati.ons subjecu to
limitations herein set forth; and
j ~ ~ ·
· -×e~clse those po~ers reasonably necessary to undertake
the. foregoing powers and achieve the goals and purpose of the
Authority.
4.2
~lanner' o_f_E×ercisin=, power.
The pcb'er o.- ~h_ Authority sh=ll be exercised in -'=
'-- ~n_ manner
authorized for the City of I~-¢ine.
k ~ac_~-~ cf the Bcar.~ shall consist of six (6) Board Me~-~ers
No action of th_ Board .~--,- be ~ken without the ores=~= of a
~aor ~um.
A=uy action' t~ken by tZ~e Board shall require the affirmative
vote of a majority of.. ~ose present, except that any rot: to
.
select, modify or s'~mit to ~e Depa~ment of Defense a Proposed ·
Reuse Plan shall red, ire the a==~~v= -
- -~-~,=~- - vots of a majority of the
~o .... Each Board Me, er shall cast his or her o%'n vote cn
- m=~t=rs to come me:cre ~e Bcar~ of Directors.
·
.ORC-)-NI ZATION
~. 1 Me.mhershl~_
The pa_~ies to =he Authority shall be the public agencies
~hich kava executed or hereafter execute this Agreement, or
amendment thereto, and which have not, pursuant to the provisions
'i'i/38 ,c~ 15'"13 biO 200 ]0/47
hereof, ~ithdrawn the~_-~om.
6.2 ~oard of Directors
a. The Board of Directors shall be t_he 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, ~'ho.s. ha!! be Iz-¢ine City Council nemb~rs- two voting Board
· ~
Me~3oer~ from the City of -Lake Forest appointed by the Lake Forest
City. Council, who ~'na!! he Lake Forest City Coun6i! members; a.~d
one vo~!n. Board Me.~er ~-ch from one or more of ~ = ....
Mission '~iejo, La~--una Hi!l~, Dana Point, La,aha Nigue! and La~u,na
Baa_ch, each of '~-hom shall be a counci!me..mber of the city ~'-~
a~poln._d him or h~r.
b. ~5e chai_~_~n and vice-chaiz~a_n cf the Board shall be
selected annually from a~mong the Board Members. at ~-he =' --
cf the Board of Directors, by a ~ajority vote of the Board Mm-LDers,
or a~ any ether tL~e fol!owin9 the creation of a vacancy in eitluer
position.
6.3 Ad-Hoc committees
a. At the Board of Directors discretion, the ETP3A Board m~y
·
establish cna cr more of the following, o_ ot_he~ committees for the
purpose of ~reparing an~ developing a reuse plan(s) for MC_IS E!
Toro:
Economic Deve!c~ment C,~-~-~,-,--=
A. viatlen Ccr~uittee
iii. Trans=o~ation
iv. Envz--o~. entel Committee
v. Land Use/Co,~unity Needs Cor~ittee
If es%ab!ished, the primal-y function of these committees shall be
to oversee the development and submittal of a draft Reuse Plan for
ETP3A Board consideration and approval.
..
PERSOb~'EL/$~AFFiNG '
The Authority shall red, est from the Member Agencies the
services of such persor~ne! to serve at 'no' cost'to the Authority as
~,e~_ssary to ca_~z-f out this Agreement and shall additionally
have the power to ~ ~ =~ ' '
co~..rac~ te~oora~ ~ ~ '
services =~- the Derfo~.anc= of this
--~----,~,~, provided t~t tha-~
.
are -d_~aaua sources of funds available for =h_ pa~ant cf any such
se~ices. The Authority shall have ~e pcb'er to provide reasonable
compensation to any Member Agency in the event that ~e services
' .
provided by such M~er Agency are dete~ined to be
- ==-=~=- than
anticipate~ by vi~ue cf ~ntaring into this Agreement. The
Authority sha!~ also have ~h_ Dower to con~ra-~
Ccnsultant/Exe~tiwe Director who shall have the' authority
dete~ined ~v e~: Board to ~. ~= = ~
. ---- ~p__m_n~ the u~Doses and obj
:
8.
TREASURER
"= '-=- '~n_ City of Iz-~ine ("?reasurer") shall ~= and
The T__asu~__ cf ~' o
·
shall act as ~h_ "~.-===~-=~- cf the Authority unless the Board
a=po_n=s some c~her person to be treasurer from or representing a
Member Agency. The Treasurer shall have the custody of the
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 thos~
procedures established by the Authc_~ity, The Treasurer shall
assume the duties described in Section 6505.5 of the Government
Code, no'me!y: receive a~nd receipt for all funds of the Autb:ority
and place -:~'
=--n funds in the Tr--_asu~i of the Treasurer to the credit
of the Authority; be responsible upon an official bond as
prescribe~2 by the Auth~_l~ for the safekeeping and disbursement
of all ~iuthority funds so held; pay, ~hen due, out of funds cf t_he
Authority so h=~ ~ all suns payable, but only upon waz_=::~= of ~he
c._:!c=r .Derform!ng the
=u_q .... nS Of "-""~"
~.~- Controller .%'ho '~_- been
des i~ate~ by the Authority; yerify and report, in writin~ on' the
·
first day of July October Janua~--y ~nd April of each year to
Authority and to the Mer~ber Agencies the ~mount of funds held for
th_ Authority including aes!~naticn of fu~nds held cn b=h=~ o.~
individual members, th_ - .... =
- . ·
and the ~ucunt paid out since the last rapo~; and perfc~ such
other duties as are sat forth
-. ~h_s Ay-e_men~ or specified by the.
Boar~, ~,nc_~__ng investing Authority f'~nds pursuant to Dc~'ers ~ivan
;
.
to the Treasurer by Core,sent Code Section 650~.5 an~ in'a manner
authorize~ by Gover~ent-Code Sections '53601 - 53650. The
!nves~ant strategy shall have as its hichest ~ri ~2.
·
·
principal, followed bY liquidity, fo!!cwed by yield.
!0
~C0 .N~..RO LLE~q
The Manager of Fiscal Ser%'ices (,,Auditor/Controller,,) of the
City of !trine shall be the Controller of the' Authority
-
("Controller") unless the Board a~point~ some other person ~o be
·
controller from or' representing a Member Agen'cy. The Controller
shall draw '--~--~ " ' '
,a~_=,~s to pay demands against the Authority ~-hen such
· . ·
demands have been approved by the'AUthority-or by any other person
authori~=~ to so approve such by this A~Treanent cr bv res
of the Autkcrity The Co. - ~ i ~ _ .
· ....~o .... shall perfc!-m such cutlas' as. are
= ~P~!~ A~reement and such o~h=~ duties as =~e _p= {fled
s_~_ forth in ~' '-
by the Board.
There shall be - ' '=
s=r~c~ accountability of all funds and
........ .~== and disbursements. The Control!er shall
estab!{sh and maintain such procedures,
- =~"~- and acc~u~nts, as may
be ---_~i,e= by sound accounting practices. The books and records
·
c~ ~he Auth=rity in ~-he hanfs cf t.he Controller shall be open to
· inspection at all reasonable ti~.es by representatives of th~ Me.~ber
Agencies.
The Control!er shall also sar~e as Treasurer of the Authority
~nti! a Treasurer can saree pursuant to Section 9 of tPiis
Agreement.
!0.
This
~-=---.=~,~ may be amended u'ith the.approval of all of its
Member Agencies·
il
ii.
LiA-~ZLiTiES ;~h'D 'iND=.--~NZF~.CATiON
a. The debts, liabilities 'and obligations of the Authority
shall be the debts, liabilities and ob!igati~ns of ~e Authority
alone, ~nd ~ ~ = ..
,,o ~ o~ ~ .~T~er A~cv o~ l~s e~olovees, ~!ess
expressly provided to ~h_ contra~ herein, a!thou=h ~ ~-~=- Agency
may se=ara~a!v .......
cc,._=~=, cr assume rezponsibi!ity for specific
. .
._
'~ ~ ~{~b~t~=s er 9~i~-~i ..- cf ~%e Authority, as
........... ~=ncv agrees to indemnify and hc~
Authoriuv =-= a!~ c~Ler ~==~-=~ Agencies harass from any ~i=~
..
for damages, actual ur a!le~ad, to persons or' DroDe~v ~risin~ out
....... · ,'~ rr=m neg!i=-~ acts or ' '
_n._~._~.= ...... Apency or ~:s e%:l:y~es ar agents, except
............ i. SCODe Of ~e!r '- ~'
..... - =u~les aa e=p!oyees or a~ents of.
the Authority.
--
- -;==~-'~ Agencies in their
~= cr acen~s or emD!oveas ce the
Authority, are held ~ ¢=~ = ~- ~ · - .
~ i~i!itv of e~cz Me, ar A~ancy for contribution cr ln=e~!f~cation
fur such '-=-- '
· .~as 'to =arsons =r DroDe~y she1 ~ be in ~
the n'~er ~
~- Board Mer~ers. Nct%-i~%~nling ~he foregoing, in
event : = = .
!=__~ ~ ltv ~s imposed upon ~.~_ Aut~c-~ty or any of its
Acencies =~- inj'~- %t~ich is '~- ~ -
p~x!~=~=_y caused by
the neg!i~nt =r wrcngf~ act or c~ssion cf any M~er Ag~n~ in
~he perfo~nca of or ~der ~is A~e~=, Lhe M~ber Agency(les')
12
direct!v -n~' orcxir~at~v responsible far such negligent or
~c.~ cr omission shall defend ('-'ith co,nme! selected by the
.
dafendin~ K~er Agency), hold ha~!ess and 'indemnify ~he Authority
.
and the Me, er Agen~.(ies) not directly ~nd oro~imate!v responsible
.c_ any claims or a~a~es cause~ by suck ne~!ioent or ~ongfu! act
or omission.
d. in no event, however, shall the indemnification of
employee er former atP!royce cf the Authority or F, am~er Agency
·
exceed tJ.-.at prmvide~ in ~cve~ent' code ~:_~_ '
~-~ ~ 2 Division 3.S, baDinning vi~h section s25, as ~mende~ frc~
12.
DISPOSiTiON OF
· .
Upon .-_h~e tel.-ruination of-the Authority, any funds an~ all other ..
assets of the Authority remaining following., tb.e' disc2nar~k_ of all
, e~_,..a.~o~.s and !i~bi!ities of the Authority, shall be
----:~=:~ in a manner .or:pcrticn=_toj to each
M---oDer's :--nnu~l contributions, provided that no assets or .fn~ '-
shall be distributed to any u=~..=_ ·.
..... ~ nnat has wi~hdra-wn' its
me~-bershi~_.
--- =~~--~_ve such tine as
-----~'"-.,- ~'-~=o been executed by ~!e ' ' ' ~f
c~t~es i~ine
?crest ~nd one cr more of ~e ci~ies cf Mission Viejo, La~a
~'i~ae!, D~na ~oint; ~~a Ei!!s ~nd ~~na Beach This
13
~_nd ~he '-"'~rity will == ~ ~
...... ~--'-m_na~e when Iz~ine and Lake Forest are
no longer represented on {to Board os {-~ - -
14.
__
· - ~.,e Y.a.~._ber Agencies shall not assign aqy rights or eb!igations
~nder ~is Agreement %'ithout
-~l~en consent of all c~er
!5.
-=~.~ >:e~.ber Anencv may --'-' - --. .
.
reason by giving tsar= (30) days -- ' ' -
its intention to do so Such ~ction %-i!! ~= -
' n~ affect
~'itln the ~uaption of ~'ithdrawa! by i~ina and ~ke = = = in such
instance ~a Authority sh=~
if a-y cna or more cf the +o~- Provisions,
promises, =~vanants cr conditions cf ~J.s ~c~==~=~- shal~ to any
· .'
~tent be a~judged invalid, ~nenf=rce~!e, void or void~la for
reason %'hat~oevar by a cou~ of competent jurisdiction each
c=ven~nts and condiUions of this Agreement shall ~ be 'affected
~ner~y an~ shall he va!~d ~nd enforce=b~ to the
pe~tted by !~'.
~This -=-eement shall be binding upon and shall inure to th~
b~nefit cf the successors of the ~er~ber Agencies.
The operating funds for the Authority shall be contrzbuted
the ~er~oer Agencies in proportion to the mum_bet of votes on the
Board allocated t0 each Member AGency, as foilo-~s:
City cf i~ine (3-',--~'
City cf Lake Fores: (2 votes)
city.of Hies!on Viejo (1 vote)
City of La~na Hills (! vote)
City cf Da~a Point (! vote)
CitY. ~=
_ ~ ~na Ni~ae~ (~ vote)
City c= Lacuna Beach (! vote)
.Each Me~er Agency"s financial contribution ~'~
propose_on to the n~~ of such Me. er A==.,~ 's Board Mem3ers if
..... - - -!~aw from the Authority, or if one or more
cf the above P~o!ic ag~ncies do not join the Au~ority.
Ex-~--..CUTYON IN
--
This Agreement may be ~-~=~ '
· . .
%'hen so executed shalI be de.mad to be ~u original and all of reich
shall - ~-,~
c~n$._~U~e one and the same a~ree-~ent.
CITY ~? !RVL%-E
~ Mayor t./
Dated 3- {_~-Q, '7
APPRO%~D AS TO FOP_~.- '
ATTEST:
CITY'OF Y-!SSiCN V!EJO
·
A-oPRO%--=D AS TO
City Auto.~ney
CiTY OF LAC~A ---iLLS
ATTEST:
City Clerk
~ry X. Ca.~T,-~n
.T
/City Atto_-ney -
ATTE$_m:
City Clerk
CiTY OF r-~IG~"'t-'~ L'IGUEL
C_ ~y tt=rn .
CiTY OP LAG~A BEACE
· ATTEST:
City O!erk ~ ,-7
FIRST -(~fE~T)~q7 T° SECOND' ~~DED ;.&_N-I) 1LESTAIY~D AGRKVAC~TXT
CREATLNG I/q]5 KL TORO REUSE FL.~N~ING AUTH. OR/IT
INq-RODUCTiON
FL-st Am~dmmt to the S~ond Am~nd~ mud Remmt~ A=wr. em~t Cmdng-ube ~
Tom Rzu~ Pim'minz Au~ority (hzzc~mr th-~ "Fk-zr Amc. ndm=r~C') ls made mhd e-~,tered in. to
z. CiV of
b. Cin.' of L-~e Fo._-zst
C.
CiV of ]~-,ssion X,]:jo
C.iV of Lagunz ~'FJ!k
City of Dmz Point
Ciu of Lz=o-c~z B~ch
?: .: - .,-
_ . .
..
A. U~~$, &e d.~/es of irv:me, ~ Fores-t, }~s/on %Sejo, I.z=~a Fi. fi!s,
·
Pc~nt, I.a=~ma _N'igu=J., and Lz=~ma ~ch enr..,,-r.d in~ thc Second Am~ded mud k=~t~
the E1 Tom Reus~ Planning Au~odty (the "Autbo~") -..ff-_.,'~Zv: F=br~mZ¢
1997.
the City of I2~.m,a Woods wu recently in~rpomted.
.- i
C.
Authod~.
City of Lzguna Woods hz.s rr_qu:at~:d to b;om= z re=tuber of the
· .
the Bom-d of DLr'~om of Ca: AuthoriV .m~rov~ h'~ pfindple at its
,.
. A.p.~i 26, 1999, m=~g thc CiD' of Laguna Woods' kr.o,ming z ~ember of the AuthoriD,.
_ .
~'~---R_EA5, the pu~.--po$c of this Fi-st Am:ndment is to prq~5.d, for th: Ci~ of
Laguna Woods b:corrdng a member of 6~e A,zt. hofity mhd to pro'~Sde for the tern'ms and conditions
NOW, ~FOP,.E, in consideration of the mumz! ?romL~s mad covenants
conmLn~, the p~es he. rem ~_ as follows:
_BSm--d of
a.m.~ded to r-~d ~ follows:
5u~sm~.~'Tz. pnh" -- ' z. of pm'-a~rr'~h. _ . 6.2 (Bom-.d of Did:tots) is
6.2
~=,-d of Dir~ ors
~,n: Bo~d of Dir-_~tors shz!I be the governing b~dy of r. he A.u~ority. The B,s'zrd
of Db=mm si'mil con,Sst of thr~ voting Bozrd Membe'm from. the Ci~ of Ir~n, ~?oiJred by
tlne irvb~e CiV Core, oil, who shall be Lwine CiU Council msmber, s; two voting Bo--,~-d Membe~
~om the City of T_~,m ~ore. st .zppo. in~ by the L~k~ Forext City Council, who ~hzI1 be ~
5~05~ 2 ..
~
Forest CiU CoundI members; and one voting Bc~-d Member each from one or more of the
ci.fi~ of lvfission ¥]ejo, I2~na ~2iiB, D~,na Point, I2~na Ni~el, Laguna ~h, and I.,.guna
Woods, ~xch of whom shall be a council member of the ciD- that a.rrl>oint~ him or her.
....
2. M, mber A~endeq. Subpa~_~mph.. ~, which defines the t~rm "M=mb~- Az~q~ncy._
_ - . -- ~_..~ .w
of P~ph 3 ~~fi.o~) is ~end~ to r~ ~ foiJo~:
"Mem~rz Agency' me~n$ th, dries of L-vine m'~d !.2Joe
I2~un:__ EL!is,' D~':~. Poi.ut, !2_c'un~.. . ~-~ ~'"~~ .._-~.~.~, La~un~._ B~ch,
or L~'--,~za Wcx~.
.
· . .
3. ~ _O'oemt/ng Funds_. Pm"~x-~ h 18 of the S~cond Amended and R.e. sm.'_.q A_w~mmt
·
is m-nend~ to r~"_~.d ~ foUows:
.r
18.
OP£ _RA ./lNG Fb.-N'DS
-,
The ~.~ng f,~ fo~ the A.uthofiU shall b= conffibute~ by
Agmcies -~ prob,.on to the number of Vot~ on the Bo::.zd rdloc~md to ezch Member' Azencv
ZS ~ oI.l.o'~,'S'. ..
·
s/,s,~ 3
CiV of L~vin, (3 ¥oms)
Cky of Lake. l::omst (2 votes)
City of lVfission vino (1 ~ote)'
City'6f i~u~a-~I}, (1 yom)
. Ci~ of D~a Point (1 vote)
...... ~ .....
CiV of ~na ~ch (I rot=)
CiV of ~gmua Wo~ (1 vote)
b. No~4thsmndiu; th= ~rovisions of sub~a~gh a ~u: ~n~uion f6r
o~m~g ~ f~ ~e Ci~' of ~gunz W~ sk~l b:, for fi~. y~ t~-2~, S!50,~09
;~ moni'~ ~en~ of Slp,~ f~ ~ ~t sk (~ mon~ ~d $1~,~ for ~ ~m~der
of ~, ~-~ y~-. Fur~ar, s~ng in ~s~ y~ 2~2~01 mad for ~ch ~ y~- ~:P~mr,
~ con~bud~n for o~mdng ~nds for hh~ .Ci~- 0f ~n~ W~ds sh~ be ~ pro;~d~ for ~
~bpm~ph a, of ~is pa~!oh. ·
g~g.finuzfion of Second Amend~ ~nd Re~mtm4 A _~-~'~m~nt. Ail of the t~w-~s End
·
~nmgo~.$ of .th-~ $~--.ond .~mmd~ mud R~mt.~I A~ent ti'mt arc not m"a~nd~ by this FL-st
A.,m=dm_~t sh~ mmz~n in full for~ and'effect.
Effecfiv~ P~te. This Amm':dmcnt shall b=ome g~miv: wh_~ ~pproved by the
· c;~- cound~ of each of th~ Mcmb,,~r Ageadc. s mud by tb~. F~ard of Dircctom of thc AnthofiV'
5~a5~9 4
~ut~on ~nd Coun..t~,--p~-~. Tt'~ FL'-~t Am2ndmcnt m~y ~ =~ut~ in my
number of coun~-~ '~d by the p~-d~s hereto in ~p~ coun~~s, ~:h of which wh~
m ~u~ sh~ be d~m~ m be ~ oJgin~ ~d ~ of which ~en toge~er.sk~ cons~tute one
mhd bhe ~, ~r~ment.
.
.~ePR0¥?_D AS 'fO FOR_M:
Ci0' Cl~k
_
CITY OF L.4_K~ FORF~T
AT'TF_~T:
City Clerk
By
APPRO¥~ A5 TO ~OP~.Mz
By
Ci~ Ar~m~y
,,
~_.x~-..u.fion a~d Coun~r~s. This First Amendmen£ m~y be ~x~u*_,~ Jn
number of counm,-'par~s and by fine par,.ies hereto in ~-~F:~-xte counter-pm-tx, ~ch of which .whe. n
so exex. ut.~ si'ail be d=med ko b: an original mud ali of w,hich mi:an roger= shall constitu~, on:
and the same
CITY OF IR¥'L%~ ..
. -.
By
Mayor
·
ATTEST:
City Clerk
A.PPRO¥-~_D .;US TO FOR.M:
By
City Ar;orney
CITY OF LAKE FOREST
J-PPROVED .~.q TO FOR_M:
ATIT. ST:
·
CiV CleF,:
.
·
CITY OF MISSION '~TEJO
..
APPROV-~ .AS TO PO~Vf:
City Am:~m~),
· ..
CII--Y 0 F LAGD.,'NA HILLS
ATT'Z~T:
'Bi' City
~ayor
Da/ad By
J-~PRO¥---'__D AS TO FORM:
By
CITY 0 F D.-izN:.k PO KN T
By ATTEST:
Mzyor Cky C!.~k
APPROV~_D AS TO FOR_M:
By
City Attorney
.6
By
I
crrY o~ ~s~oN vmjo
By
D~
Cky
'By
By.
Civ Arm. mey ·
CITY OF LA GL,,~'A I~D'LLS
~L~yor
~-2~ D. ~~.~-_D
A~PROVED AS TO FORM:
j
By v ,-' '~':' - ,r-~ .-~-~--
Ciw Ar~orn-_~
r_O~ --.. ~-
C1T~ OF DANA PO LNT
.By
Mayor
XPPRO~ AS TO FOR_M:
By
City
AT'i-EST:
Cky ~e~-k
By
CITY OF M~SION VIEJO
By
Mayor
Dat~4
APPROV~ AS TO
By
.City
C1TY OF LAGU.-NA !:lqLLS
b2yor.
A~PROVED ,~.~ TO FOR_~:
By
C~D, Ar~mey
CITY 0 F D .-LN'A PO _LNT
APPRO'v~ AS TO POP~f:
City Aaomey
ATTEST:
City. Clark
By
ATT.:~CT:
Ciw Ciezk
By
ATTEST:
City Cl=rk
CITY OF LAGD.,~A NIGUEL
Mayor'
·
APPRO¥ ~'~ AS TO FOR.M:
,
'Cir~ ^ttorney ;
C~'TY OF LAGD.~'A BEACit
~y
Mayor
.~PPRO¥~D AS TO FORM:
By
Ck,'y Attorney
CITY OF LAGD~'A WOODS
By
Dzt~
Mayor
· .
A-~PRO~ AS TO FORM:
~y
C.i~ Attorney ·
ATTEST:
Ci~' Clerk
.,
By
AT'i?~T:
City Clerk
By
CITY OF L&GIJiN'A N-IGL~L
By
l~fayor
APPRO~ AS TO ~ORM:
By
Ci:y ' "'---,--.
_ . .
CITY OF r, AGb~'A BEACH
City A~rnty'
ATTEST:
City Claf~:
By
ATT=~T:
City C!_-,rk
CITY O F La GO.-~:i WOO D~
By
Mayor
A-~PRO¥~ AS TO FOR.M:
ATTEST:
CA~] Ck:k
By_
By
C_iry A:xom~_y
-7
CITY OF LAGUNA N-fGUF. T.
By
M~yor
A-=PRO~ AS TO
. Ci:y A,mom~y -
CITY OF h~Gro~'A B~C~
By
Mzyor
A.PPRO¥_~'tz~, AS TO
By
City
ATT:ST:
City 'Clerk
By
ATim~T:
City Cle_4c
By
CITY OF LAGL~'A WOODS
APPROV~ AS TO FORM:
.7
ATTr~T:
City Cleric
EXHIBIT C
Resolution No. 00-10
RESOLUTION NO. 00fl0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNL% APPRO'~riNG REQUEST FOR ASSOCIATE MEMBERSHIP IN THE
EL TORO REUSE PLANNTNG AUTHORITY
5
10
12
WHEREAS, the E1 Toro Reuse Planning Author/ty (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 Tusrin shares ETRPA's guiding 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
Memberskip in the E1 Toro Reuse Planning Author/ty; and let it be
FURTHER RESOLVED, 'that the City of Tustin does hereby commit to abiding by the guiding'
principles of ETRPA.
15
17
Of
PASSED .ANT) .~d)OPTED by the City Council of the City of Tustin, at a regular meeting on the ~
., 2000. ..
TRACY WILLS WORLEY
Mayor
PAI~iELA STOKER, CITY CLERK
2O
23
24
25
26
27
STATE OF CALIFORN~ )
cou Tf OF Oma NGE )
crn' OF TUSTrN )
SS
CERTIFICATION FOR RESOLUTION NO. 00-10
PAMELk STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does
h=eby 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:
COIYNCILMEMBER ABSTAINED:
COUNCIl.MEMBER ABSENT:
28
Pamela Stoker, City Clerk
29