RES-9251 Adopting Amendment No. 4 to Joint Exercise of Powers Agreement Creating Foothill_Eastern Transportation CorridorRESOLUTION NO. 9251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE TO ADOPT AND EXECUTE AMENDMENT
FOUR TO THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREE:MENT CREATING 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 Y orba 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
becmne effective on October 21, 1988; and
WHEREAS, the incorporation of the City of Rancho Santa Margarita (the
Ci1y") became effective on January 1,2000; and
WHEREAS, at a public meeting 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 hearing on March 2, 2000, the City enacted
an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance
with Section 4.1 ofthe 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, 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
mee:ting on April 13, 2000, the City of Orange hereby authorizes its 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".
ADOPTED this 11th day of April, 2000.
A)./"'
kk Joanne
Coontz, Mayor of e City of Orange ATTEST:
at.
Cassandra
1. Cath I
hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 11 th day of
April, 2000, by the following vote:YES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, SLll,TER, COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE 1
L/
4'444A' Ai2t'A.J Cassandra
1. Cathct ,City Clerk ofthe City of Orange Reso.
9251 2 -dh
EXHIBIT A
AMENDMENT
NO.4 TO
THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT CREATING
THE FOOTHILL/EASTERNTRANSPORTATION
CORRIDOR AGENCY SECTION
I. 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 9.1of 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
fc)llows: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 ofthe 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:
City
of Anaheim City
of Dana Point City
of Irvine City
of Lake Forest City
of Mission Viejo City
of Orange City
of Rancho Santa Margarita
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Tustin
City ofYorba Linda
County of Orange (3rd District)
COlmty of Orange (4th District)
County of Orange (5th District)
SECTION 3. Section 3.2 hereby is amended to read as follows:
BOARD.
The Board shall consist of the following:
i) One voting Board Member appointed by the legislative body of each ofthe
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, arLd the County of Orange (3rd, 4th and
5th 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:
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:.
Datled:
APPROVED AS TO FORM:
By:.
City Counsel
AT'fEST:
Clerk of the City of Orange
By:.
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF LAKE FOREST
By:_
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF ORANGE
By:
Mayor