Resolution Number 00-4-4-3227
RESOLUTION NO. 00-4-4-3
APPROVING ADMISSION OF THE CITY OF RANCHO SANTA
MARGARITA AS AMEMBER OF THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE
FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE FOOTHILUEASTERN TRANSPORTATION
CORRIDOR AGENCY FOR ADMISSION OF THE CITY OF RANCHO
SANTA MARGARITA AS A MEMBER
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 hearing 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 or Rancho Satna Margarita to participate fully
in the Agency's Board meeting on April 13, 2000, the City Council of the City of San Juan
Capistrano does hereby authorize its Mayor to sign and the City Clerk to attestAmendment
-1-
228
No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating
the Foothill/Eastern Transportation Corridor Agency, attached hereto as Exhibit "A."
PASSED, APPROVED, AND ADOPTED this 4th day of April, 2000.
ATTEST:
�1/ .-/ Ii
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, —
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-4-4-3 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 4th day of
April , 2000, by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
"l1)%'z ) , It -
CHERYL HNSON, CITY CLER
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229
AMENDMENT NO. 4
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILUEASTERN
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of Supervisors of the Foothill/Eastem 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/Eastem 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.
follows:
SECTION 2. The first paragraph of such Agreement hereby is amended to read as
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/Eastem Transportation Corridor Agency, and is
amended by this Amendment No. 4 to such Agreement:
(a) City of Anaheim
(b) 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
0) City of Santa Ana
(k) City of Tustin
193e15_1.noC EXHIBIT A
230
(l) City of Yorba Linda
(m) County of Orange (3rd District)
(n) County of Orange (4`h District)
(o) County of Orange (5th District)
SECTION 3. Section 3.2 hereby is amended to read as follows:
=003.i�]
(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`d, 4' and 5'
Districts).
ATTEST:
Clerk of the Board of Supervisors
Lo
Dated:
APPROVED AS TO FORM:
Bv:
County Counsel
COUNTY OF ORANGE
BY:
E
Chairman
Board of Supervisors