HomeMy WebLinkAboutC.C. 05 FETCA DANA PT 01-20-92CONSENT CALENDAR NO. S
1-20-92
AGEN" A
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f = JANUARY 10, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
F H0 -Nil -, PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
'`J0JE("T: ADMISSION OF THE CITY OF DANA POINT AS PART OF
FOOTHILL/ EASTERN TRANSPORTATION CORRIDOR AGENCY.
RECOMMENDATIONS:
That the Tustin City Council approve the admission of the City of
Dana Point as a party to the Foothill/Eastern Transportation
Corridor Agency and authorize the Mayor to execute Amendment No. 2
to the First Amended and Restated Joint Exercise of Powers
Agreement creating the Foothill/ Eastern Transportation .Corridor
Agency with the adoption of Resolution No. 92-18.
BACKGROUND:
In October, 1988 the County of Orange and the Cities of Anaheim,
Irvine, Mission Viejo, Orange, San Clemente, San Juan Capistrano,
Santa Anal Tustin and Yorba Linda executed the First Amended and
RestatedJoint Exercise of Powers Agreement creating. the
-- Foothill/Eastern Transportation Corridor Agency. Recently in
December, 1991 the City approved the admission of the City of Lake
Forest as a party to the Foothill/Eastern Transportation Corridor
Agency.
In January; 1992, the City of Dana Point will comply with -the
requirements of Section 4.1 of the First Amended and Restated Joint
Exercise Agreement creating the Foothill/Eastern Transportation
Corridor Agency by enactment of an ordinance adopting the Major
Thoroughfare and Bridge Fee Program of the Agency, and a resolution
establishing the areas of benefit and the required fees.
DISCUSSION:
Section 9.1 of the Joint Exercise Agreement requires the unanimous
consent of all member agencies, to be evidenced by execution of a
written amendment to the agreement. The execution of the attached
Amendment No. 2 and the adoption of Resolution No.. 92-18
authorizing execution of said Amendment No. 2 provides. this
consent.
Staff requests the City Council to approve the said Amendment No.
2 and authorize the Mayor to execute same with the adoption of
Resolution No. 92-18.
Robert S. Ledendecker
Director of Public Works/City Engineer
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RESOLUTION NO. 92-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE ADMISSION OF THE CITY OF DANA POINT AS A
PARTY TO THE FOOTHILL EASTERN/TRANSPORTATION CORRIDOR
AGENCY
WHEREAS, the County of Orange and the Cities of Anaheim,
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 "Agreement" and the "Agency"), which
Agreement became effective on October 21, 1988; and
WHEREAS, the City of Dana Point (the "City") intends to
adopt an ordinance, adopting the Major Thoroughfare and Bridge
Fee Program in accordance with Section 4.1 of the Joint Powers
Agreement; and
WHEREAS, the City also intends to adopt a Resolution
establishing the Areas of Benefit and fees for such 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 provide that -the
unanimous consent of each existing party to the Agency is
required for admission of the City as a Party.
NOW, THEREFORE, the City Council of the City of Tustin
hereby agrees to admit the City as a Party to the Agency, and
authorizes its Mayor to sign and the Clerk of the City of
Tustin to attest Amendment No. 2 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 20th day of January,
1992.
ATTEST:
City Clerk
Mayor
AMENDMENT NO. 2
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of the Foothill/Eastern
Transportation Corridor Agency imposed no terms and conditions
upon the participation of the City of Dana Point 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 toenactmentof the
Ordinance adopting the Major Thoroughfare andBridge
Program of such Agency and the Resolution establishing the
areas of benefit, estimated cost 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 and the City of Dana Point, 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. 2 to such Agreement, pursuant
to Section
9.1, by and among all of the following publiccies
the day of , 1991, the date on which the last
of such public agencies executed this Amendment No. 2 to such
Agreement:
(a) County of Orange
(b) City of Anaheim
(c) City of Dana Point
(d) City of Irvine
(e) City of Lake Forest
(f) City of Mission Viejo
(g) City of Orange
(h) City of San Clemente.
(i) City of San Juan Capistrano
(j) City of Santa Ana
(k) City of Tustin
(1) City of Yorba Linda
ORI:DLB:239
Exhibit A
SECTION 3. Section 3.2 hereby is amended to read as
follows:
. 3.2 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, San Clemente, San
Juan Capistrano, Santa Ana, Tustin and Yorba Linda.
ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE
OF SUPERVISORS
By:
Dated:
APPROVED AS TO FORM:
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COUNTY COUNSEL
ATTEST: CLERK OF THE CITY OF
ANAHEIM
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Dated:
APPROVED AS TO FORM:
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CITY ATTORNEY
ORI:DLB:239
Exhibit A
CHAIRMAN
BOARD OF SUPERVISORS
CITY OF ANAHEIM
By.
MAYOR
ATTEST: CLERK OF THE CITY OF CITY OF DANA POINT
DANA POINT
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Dated:
APPROVED AS TO FORM:
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CITY DANA POINT
By.
ATTEST: CLERK OF THE CITY OF CITY OF IRVINE
IRVINE
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Dated:
APPROVED AS TO FORM:
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CITY ATTORNEY
By.
MAYOR
MAYOR
ATTEST: CLERK OF THE CITY OF CITY OF LAKE FOREST
LAKE FOREST
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Dated:
APPROVED AS TO FORM:
yj CITY ATTORNEY
ORI:DLB:239
Exhibit A
By.
MAYOR
ATTEST: CLERK OF THE CITY OF
MISSION VIEJO
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
ORANGE
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
ATTEST: CLERK OF THE CITY OF
SAN CLEMENTE
By:
Dated:
APPROVED AS TO FORM:
By:
CITY ATTORNEY
Y
ORI:DLB:239
Exhibit A
CITY OF MISSION VIEJO
By. MAYOR
CITY OF ORANGE
By: MAYOR
CITY OF SAN CLEMENTE
By: MAYOR
ATTEST: CLERK OF THE CITY OF CITY OF SAN JUAN CAPISTRANO
SAN JUAN CAPISTRANO
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Dated:
APPROVED AS TO FORM:
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CITY ATTORNEY
By:
MAYOR
ATTEST: CLERK OF THE CITY OF CITY OF SANTA ANA
SANTA ANA
By:
Dated:
APPROVED AS TO FORM:
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CITY ATTORNEY
By:
ATTEST: CLERK OF THE CITY OF CITY OF TUSTIN
TUSTIN
By:
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Dated:
APPROVED AS TO FORM:
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CITY ATTORNEY
ORI:DLB:239
Exhibit A
MAYOR
MAYOR
ATTEST: CLERK OF THE CITY OF CITY OF YORBA LINDA
YORBA LINDA
By• _
Dated:
APPROVED AS TO FORM:
By.
CITY ATTORNEY
APPROVED AS TO FORM:
By•
COUNSEL
FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR
AGENCY
ORI:OLB:273
ORI:DLB:239
Exhibit A
By.
MAYOR