HomeMy WebLinkAboutC.C. 05 AMEND JPA 05-04-92CONSENT CALENDAR NO. 5
5-4-92
ATE: APRIL 27, 1992 I n t e r- c Q m
TO: WILLIAM A. HUSTON I CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: AMENDMENT NO. 3 TO THE JOINT POWERS (JPA) FOOTHILL/EASTERN
_- - TRANSPORTATION CORRIDOR AGENCY (F/ETCA)
RECOMMENDATIONS:
That the Tustin City Council pass and adopt Resolution No. 92-62
authorizing the Mayor to execute Amendment No. 3 to the First
Amended and Restated Joint Exercise of Powers Agreement Creating
the Foothill/Eastern Transportation Corridor Agency to add one
additional Board Member to the Agency from the County of Orange
Fourth Supervisorial District.
BACKGROUND:
At the March 12, 1992 F/ETCA Board of Directors meeting a request
was considered and approved to amend the "First Amended and
Restated Joint Exercise of Powers Agreement . Creating the
Foothill/Eastern Transportation Corridor Agency". This amendment
will allow the Supervisor of the Fourth District to participate on
the Board of Directors.
The County of Orange requested this amendment as a result of the
Revision of Supervisorial District Boundaries resulting in portions
of the planned alignment of the Eastern Transportation Corridor now
being located within the Fourth District. The County request was
made to ensure full representation of all affected Supervisorial
Districts.
The proposed amendment requires approval of three-fourths of all
parties of the Agency or 10 members.
DISCUSSION:
Currently there are thirteen members on the Board of Directors of
the Foothill/ Eastern Transportation Corridor Agency from the Cities
and County as follows:
Anaheim
Dana Point
Irvine
Lake Forest
Mission Viejo
Orange
San Clemente
San Juan Capistrano
Santa Ana
Tustin
Yorba Linda
County of Orange
District No. 3
County of Orange
District No. 5
Supervisor
Supervisor
- Amendment No. 3
April 27, 1992
Page 2
The cities currently have 11 out of the total 13 votes (84.6%) and
the proposed amendment would result in a change to 11 out of the
total 14 votes (78.6%).
Approval of the attached Resolution No. 92-62 provides
authorization for the Mayor to sign and the City Clerk to attest
Amendment No. 3 to the First Amended and Restated Joint Exercise of
Powers Agreement Creating the Foothill/Eastern Transportation
Corridor Agency.
Execution of Amendment No. 3 (Exhibit "A" of Resolution No. 92-62)
provides for the following:
The amendment of Section 3.2(a)(ii) of the agreement to read
as follows:
a. The Board shall consist of the following:
...(ii) three voting board members from the County
of Orange, said members to be duly elected
supervisors for the Third, Fourth and Fifth County
of Orange Supervisorial Districts.
Execution of Amendment No. 3 on May 4, 1992 would allow the
Supervisor from the Fourth District to fully participate in the
Board's meeting of May 14, 1992, if a total of three-fourths of all
the member agencies approve said agreement.
Robert Ledendecker
Director of Public Works/City Engineer
RL:ccg:amend#3
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RESOLUTION NO. 92-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING ITS MAYOR TO EXECUTE AMENDMENT NO. 3 TO THE
FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY
WHEREAS, the County of Orange and the Cities of Anaheim,
Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, 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 "Joint Powers Agreement"
and the "Agency"),, which Agreement became effective on October
21, 1988: and
WHEREAS, Section 11.1 of the Joint Powers Agreement
provides that the Agreement may be amended by the approval of
not less than three-fourths of the parties.
NOW, THEREFORE, the City of Tustin authorizes its Mayor
to sign and the City Clerk to attest Amendment No. 3 to the
First Amended and Restated Joint Exercise of Powers Agreement
Creating the Foothill/ Eastern Transportation Corridor Agency,
attached hereto as Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin on the 4th day of May, 1992.
ATTEST:
City Clerk
Mayor
AMENDMENT NO. 3
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
WHEREAS, Section 11.1 of the First Amended and
Restated Joint Exercise of Powers Agreement Creating the
Foothill/Eastern Transportation Corridor Agency (the
"Agreement") provides that the Agreement may be amended with
the approval of not less than three-fourths (3/4) of all the.
Parties.
NOW, THEREFORE, the Parties to the Agreement agree as
follows:
SECTION 1. Section 3.2(a)(ii) of
amended to read as follows:
"3.2 BOARD.
the Agreement is
. a. The Board shall consist of the following:
. . . (ii) three voting Board Members from the
County of Orange, said members to be duly elected
supervisors for the Third, Fourth and Fifth
County of Orange Supervisorial Districts."
ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE
OF SUPERVISORS
By: _
Dated:
APPROVED AS TO FORM:
By:
COUNTY COUNSEL
-1-
CHAIRMAN
BOARD OF SUPERVISORS
ATTEST: CLERK OF THE CITY OF
ANAHEIM
By: _
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
DANA POINT
By• _
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
IRVINE
Bv:
Dated:
APPROVED AS TO FORM:
Bv:
CITY ATTORNEY
-2-
CITY OF ANAHEIM
By•
MAYOR
CITY OF DANA POINT
By.
CITY OF.IRVINE
By:
MAYOR
MAYOR
ATTEST: CLERK OF THE CITY OF
LAKE FOREST
Bv:
Dated:
APPROVED AS TO FORM:
By•
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
MISSION VIEJO
Bv:
Dated:
APPROVED AS TO FORM:
By.
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
ORANGE
Bv:
Dated:
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
-3-
CITY OF LAKE FOREST
am
MAYOR
CITY OF MISSION VIEJO
By:
CITY OF ORANGE
By:
MAYOR
MAYOR
ATTEST: CLERK OF THE CITY OF
SAN CLEMENTE
BY•
Dated:
APPROVED AS TO FORM:
By•
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
SAN JUAN CAPISTRANO
By: -
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
SANTA ANA
BY:
Dated:
APPROVED AS TO FORM:
By: -
CITY ATTORNEY
CITY OF SAN CLEMENTE
By:
MAYOR
CITY OF SAN JUAN CAPISTRANO
.. By:
-4-
MAYOR
CITY OF SANTA ANA
By:
MAYOR
ATTEST: CLERK OF THE CITY OF
TUSTIN
Bv:
Dated:
APPROVED AS TO FORM:
By.
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
YORBA LINDA
By: _
Dated:
APPROVED AS TO FORM:
By : ---
CITY ATTORNEY
APPROVED AS TO FORM:
By.
COUNSEL
FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR
AGENCY
O R 1: R D T: 7 4 4
-5-
CITY OF TUSTIN
By:
MAYOR
CITY OF YORBA LINDA
By:
MAYOR