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HomeMy WebLinkAbout98-94 - Approving the Orange County Regional Airport Authority Joint exercise of powers agreement and designating a103 RESOLUTION NO. 98-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT AND DESIGNATING A BOARD MEMBER AND ALTERNATE REPRESENTATIVE FOR THE CITY OF COSTA MESA. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: WHEREAS, under Public Law 100-526, the Defense Authorization amendments and Base Closure and Realignment Act, EI Toro Marine Corps Air Station ("MCAS") will cease operations as a military base by 1999; and WHEREAS, the County of Orange ("County") has been designated as the local Redevelopment Authority ("LRA") by the Office of Economic Adjustment, and the LRA has adopted a Community Reuse Plan ("CRP") for EI Toro MCAS which calls for conversion of the base to a commercial airport; and WHEREAS, the air passenger and air cargo needs of the County can be satisfied by implementation of the CRP which includes the operation of EI Toro and John Wayne Airport as a dual airport system; and WHEREAS, the County voters have approved a commercial aviation reuse of EI Toro; and WHEREAS, the City of Costa Mesa participation in the reuse planning process as a member of the Orange County Regional Airport Authority ("OCRAA") is conditioned upon and limited to informational activities to educate, but not persuade, the LRA and electorate on the CRP and alternatives; and WHEREAS, no public funds of the City of Costa Mesa shall be contributed to OCRAA unless approved by a resolution of the City Council; and WHEREAS, the City of Costa Mesa participation in OCRAA will serve to protect the public health, safety, and welfare of its citizens and lands; NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby resolve as follows: Approves and directs the Mayor to execute the OCRAA Joint Exercise of Powers Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference; provided, however, that such approval and membership of the City of Costa Mesa in OCRAA is subject to the express condition and limitation that the expenditure of public funds or the utilization of City of Costa Mesa officers and employees, in their official capacities as paid employees, shall not be for unlawful electorial advocacy as defined in Stanson v. Mott, 17 Cal.3d 206, and Miller v. Miller, 87 Cal.App.3d 762. Designates and appoints Council Member Heather Somers as the OCRAA Board Member and Mayor Pro Tem Gary Monahan as the alternative representative on the OCRAA Board for the City of Costa Mesa. 104 PASSED AND ADOPTED this 2"d day of November 98. Mayor of the City of C esa ATTEST: Deputy City lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 98-94 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 2"d day of November, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3'd day of November, 1998. Deputy ity Clerk and ex -officio Clerk of the Cit ouncil of the City of Costa Mesa 1 1 1 ORANGE COUNTY REGIONAL AIRPORT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Exhibit "A" Resolution No. 98-94 October 14, 1998 105 106 This Joint Exercise of Powers Agreement (Agreement) between the Members of the Qrange County Regional Airport Authority (Authority) is made and entered into on of hovA"" , 1998. RECITALS WHEREAS, the Department of Defense has determined to close the United States Marine Corps Station at EI Toro (EI Toro) effective July 1, 1999. WHEREAS, EI Toro consists of 4,700 acres, has been improved with two (2) 10,000 foot runways and two 8,000 foot runways, and is surrounded by an 18,000 acre "no home zone" which protects existing and proposed residential properties from the noise generated by military jet attack aircraft. WHEREAS, the County of Orange (County) has been designated the Local Redevelopment Authority (LRA) by the Office of Economic Adjustment (OEA), and the LRA has adopted a Community Reuse Plan (CRP) for EI Toro which calls for conversion of the base to a commercial airport. WHEREAS, the County's economy is based on trade, tourism and technology and these industries cannot prosper without adequate air passenger and air cargo service. WHEREAS, the current and future air passenger and air cargo needs of the County far exceeds the present or potential capacity of John Wayne Airport (JWA). WHEREAS, the air passenger and air cargo needs of the County can be satisfied by implementation of the CRP which includes the operation of EI Toro and JWA as a dual airport system. WHEREAS, the County has operated JWA in a manner sensitive to the interests and concerns of nearby residents. The commercial operations at JWA have increased threefold in the past seventeen (17) years with significant reduction in noise impact during that period. WHEREAS, a commercial aviation reuse of EI Toro will result in a noise impact footprint that is one third the size of the existing noise buffer zone which was designed to protect residents from noise generated by military jet aircraft which is three (3) to four (4) times louder than commercial jets. WHEREAS, the County voters have approved twice a commercial aviation reuse of EI Toro in recognition of the economic benefits to the County as a whole and the importance of converting EI Toro to a reuse which will benefit all County residents. 1 Exhibit "A" Resolution No. 98-94 1 1 WHEREAS, the Authority is committed to the implementation of a commercial aviation reuse of EI Toro consistent with the decisions of the County voters and the LRA with proper planning to protect the quality of life for South County residents. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereto agree as follows: I. DEFINITIONS For the purposes of this Agreement, the following words shall mean as follows: A "Act" shall mean Public Law 100-526, the Defense Authorization Amendments and Base Closure and Realignment Act, contained in 10 U.S.C. Section 2687. B. "Agreement" shall mean this Joint Exercise of Powers Agreement. C. "Authority" shall mean the Orange County Regional Airport Authority. D. "Board" shall mean the governing body of the Authority. E. "Board Member" shall mean any person serving as the representative of a Member or Ex -Officio Member on the Board. F. "CAC" shall mean Citizens Advisory Council. G. "CEQA" shall mean the California Environmental Quality Act, contained in the California Public Resources Code, Section 21000 et. seq. and implementing guidelines adopted by the Office of Planning and Research. H. "CRP" shall mean the Community Reuse Plan for the reuse of EI Toro subsequent to its closure as a military installation, as approved by the Local Redevelopment Authority (LRA) on December 11, 1996 consistent with the stated objectives and purposes of the LRA, and submitted to the Department of Navy approval and implementation in accordance with applicable Federal statutes and regulations. "EI Toro" shall mean the United States Marine Corps Air Station at EI Toro. J. "ETRPA" shall mean EI Toro Reuse Planning Authority. K. "Ex -Officio Member" shall mean a person or entity invited to participate by the Board, pursuant to Section 5.2 of this Agreement but who does not have the right to vote in any action by the Board or share in any Exhibit "A" Resolution No. 98-94 2 10'7 distribution of Authority revenue or assets, and does not constitute part of the quorum of the Board required to transact Authority business, but has the right to receive notice of all Board meetings and copies of all written material provided to Board Members, and debate matters before the Board. L. "Fiscal Year" means July 1st up to and including the following June 30th. M. "JWA" shall mean the John Wayne Airport facility. N. "LRA" shall mean the Local Redevelopment Authority. O. "Master Plan" shall mean an airport master plan adopted by the LRA. P. "Member" shall mean as set forth in Section 5.1 of this Agreement. Q. "NEPA" shall mean the National Environmental Policy Act, contained in 42 U.S.C. Section 4321 et seq. II. CREATION OF THE AUTHORITY The Authority is a public entity separate from its Members formed pursuant to the provisions of this Agreement, and Chapter 5, of Division 7 of Title 1 of the Government Code, beginning with Section 6500. Within thirty (30) days after the effective date of this Agreement and after any amendment, the Authority shall cause a notice of such . Agreement or amendment to be prepared and filed with the office of the California Secretary of State containing the information required by Government Code Section 6503.5. Within ten (10) days after the effective date of this Agreement or any amendment, the Authority shall file any statement of information or document required to be filed pursuant to the provisions of Government Code Section 53051 or other statute. III. PURPOSE AND OBJECTIVES The purpose of the Authority is to participate in the EI Toro Reuse Planning Process with the primary objective of assisting the LRA in the adoption and implementation of the CRP and a Master Plan for EI Toro. To achieve this objective the Authority intends, at a minimum, to engage in the following activities: 3 Exhibit "A" Resolution No. 98-94 1 A Disseminate information about the EI Toro reuse planning process, including the need for and benefits of a commercial aviation reuse, and the ways the constituents of each Member can participate in the process. B. Attain an active role in the EI Toro Reuse Planning Process and make recommendations to the CAC and the LRA relative to the proposed Master Plan, the proposed dual airport system, the non -aviation uses proposed in the CRP, the ETRPA non -aviation plan proposal and the appropriate interim civilian uses of EI Toro. C. Discuss the CRP, the proposed Master Plan, and other aspects of the reuse process with local, state and federal officials. D. Retain experts in various disciplines to advise Members, the general public and officials involved in the reuse process, about aspects of the CRP, the Master Plan and other relevant topics. IV. POWERS 4.1 General Powers The Authority shall have the power in its own name to exercise any and all common powers of its Members reasonably related to the purposes of the Authority, including but not limited to the powers to: A Monitor and provide input to the LRA in the development of the Master Plan; B. Seek funding from any available source, including appropriate grants or loans under any available federal, state, local and private programs for assistance in achieving the objectives of the Authority; C. Contract for the services of airport planners, economists, traffic engineers, real estate consultants, and other experts; D. Make and enter into any other contracts; E. Receive gifts, contributions and donations of property, funds, services and other forms of financial or other assistance from any persons, firms, corporations and governmental entities; F. Sue and be sued in its own name; 4 Exhibit "A" Resolution No. 98-94 109 4.2 110 G. Appear before any federal, state or local legislative or administrative body to testify or present evidence relevant to the EI Toro Reuse Planning Process; H. Adopt rules, regulations, policies, by-laws and procedures governing the operation of the Authority; I. Exercise all other powers not specifically mentioned but common to Members, and authorized by Government Code Section 6508. General Procedures A Financial. 1. Annual Budget: The Board shall adopt an annual budget for the ensuing fiscal year, by approval of the representatives of not less than two-thirds (2/3) of the Members, pursuant to procedures established by the Board. 2. Accounts: All funds will be placed in object accounts and receipt, transfer, or disbursement of such funds shall be accounted for in accordance with the generally accepted accounting principles applicable to governmental entities, with strict accountability of all funds. All revenues, expenditures and status of bank accounts and investments shall be reported to the Board on a monthly basis, pursuant to procedures established by the Board. 3. Expenditures Within Approved Annual Budget: All expenditures within the limitations of the approved annual budget shall be made upon approval of the Executive Director in accordance with the rules, policies and procedures adopted by the Board. No expenditures in excess of those budgeted shall be made without the approval of an amended annual budget by not less than two-thirds (2/3) of the Members. 4. Operating Funds: The Executive Director shall report to the Board, on or before May 15th of each fiscal year, the funding commitments made to the Authority by Members and other private or public agencies. Members shall notify the Executive Director, prior to May 1st of each year, of the funds, if any, to be contributed to the Authority Exhibit "A" Resolution No. 98-94 5 1 1 during the upcoming fiscal year. In no event shall any Member be required to fund Authority activities, or make any funding commitment to the Authority during the term of this Agreement. 5. Contributions and Advances: Members may, but shall not be requested or required to make contributions or advances of funds to the Authority in addition to those for operating funds for the purposes set forth in this Agreement, or may provide the Authority with personnel, equipment or property in lieu of, or in addition to, such contributions or advances of funds. Ex -Officio Members also may contribute funds or in -lieu goods and services to the Authority for any operating or capital fund purposes. 6. Liabilities: The debts, liabilities and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone, and not the Members or Ex -Officio Members, unless expressly provided to the contrary in this Agreement. However, a Member or Members may separately contract for, or assume responsibility for specific debts, liabilities or obligations of the Authority, as authorized by Government Code Section 6508.1. 7. Hold Harmless and Indemnification: Where the Authority, Members, agents, officers or employees of the Authority or Member(s) are found liable for injuries to persons or property based on acts or omissions occurring during the performance of their duties or responsibilities in furtherance of the objectives of the Authority or on behalf of the Authority, the liability of each Member(s) not directly responsible for the act or omission shall be limited to one hundred dollars ($100.00). The Member(s) directly responsible for the acts or omissions shall defend, indemnify and hold the Authority and all other Member(s) harmless from any and all liability arising out of the act or omission occurring during the performance of their duties or responsibilities. In no event, however, shall the indemnification of an agent, officer, employee or former employee of the Authority or Member(s) exceed that provided in Government Code Section 825, et. seq.. Exhibit "A" Resolution No. 98-94 0 111 112 B. Manner of Exercise: For purposes of Government Code Section 6509, the manner of exercising the power of this Authority shall be restricted to the manner of exercising the powers of its designated Member, the City of Anaheim. C. Member Action: Unless otherwise provided in this Agreement, any action of a Member required or authorized in this Agreement shall be by Resolution or Minute Order of the governing body of such Member. D. Withdrawal: Any Member may withdraw from the Authority at any time, for any reason, by giving written notice to the Board of its intention to do so one hundred and twenty (120) days prior to a regular meeting of the Board. Withdrawal of a Member, however, shall not relieve that Member of its proportionate share of any debts or other liabilities incurred by the Authority prior to the effective date of the withdrawal, and withdrawal shall result in the forfeiture of all rights and claims of that Member to any repayment of contributions or advances or other distribution of funds or property after withdrawal, including distribution in the event of termination of the Authority. E. Termination of Authority: 1. Causes The Authority shall terminate, and its assets, if any, distributed in accordance with the provisions of this Agreement, upon the majority vote of the Members. 2. Distribution of Funds and Property In the event of termination of the Authority, any remaining funds, property or other assets of the Authority, following discharge of all debts, liabilities and obligations of the Authority, shall be distributed to the Members in proportion to that Member's contributions to the operating expense of the Authority during the preceding fiscal year. 7 Exhibit "A" Resolution No. 98-94 1 1 V. ORGANIZATION 5.1 Members The Members of the Authority shall be the Members described in Section 6.8 of this Agreement, and any City in the County which subsequently executes this Agreement until such time as the Member withdraws; 5.2 Ex -Officio Members The Board, upon the approval by the two thirds (2/3) of the Members, may appoint Ex -Officio Members, to represent a spectrum of other public and private entities interested in the EI Toro Reuse Plan Process including, but not limited to, the following: A Any other federal department or agency with jurisdiction over the closure and re -use of military facilities or installations. B. Southern California Association of Governments and its Aviation and Airport Committee. C. California Military Base Reuse Task Force, Office of Planning and Research or other State agency, department or committee authorized by Government Code Section 65040.1, 65070, 65088 or otherwise to assist in the re -use of closed military facilities in California. D. Orange County Transportation Authority and other Transportation Agencies. E. Regional Planning Organizations. F. California Community Colleges and Universities. G. Local School Districts. H. Aircraft Owners and Pilots Association and other Aviation - Related Organizations. I. Building Industry and Development Organizations. J. Major Landowners. K. Community Associations. Exhibit "A" Resolution No. 98-94 D 113 114 5.3 Board A Composition. 1. The Board shall consist of the following: (i) One representative of each Member; and (ii) One representative of each Ex -Officio Member. 2. All representatives of Members on the Board shall be current Members of the governing body of such Member, appointed by official action of the governing body. 3. Each Member shall appoint an alternate representative, by official action of the governing body. The alternate representative may be a current member of the governing body of such Member, or a resident of the governing body's jurisdiction. 4. An Ex -Officio Member may designate its representative and alternate representatives in any manner, subject to approval by the Board after receipt of written notice of designation. B. Compensation and Expense Reimbursement. 1. All representatives of Members and Ex -Officio Members on the Board shall serve without compensation, but shall be reimbursed for reasonable and necessary expenses actually incurred by such representatives in the conduct of the business of the Authority, as budgeted funds permit. C. Voting/Required Vote. 1. General (i) All actions of the Board shall be by vote of the representatives of a majority of the Members present and voting, except as otherwise provided in this Agreement. 2. Amendment (i) General: Any amendment to this Agreement shall require the approval of not less than three-fourths (3/4) of all Members, in accordance with the provisions of Section 6.1, except as otherwise provided therein. 1 Exhibit "A" Resolution No. 98-94 1 (ii) Conformance to Changed Law: Any amendment to this Agreement be necessary to conform to changed requirements of State or Federal law shall require the approval of a majority of all Members, in accordance with the provisions of Section 6.1f of this Agreement. (iii) Annual distribution to Members and Operating Funds: Any amendment to change the provisions of this Agreement relative to the contribution of operating expenses or distribution of funds on termination shall require the approval of all Members. (iv) Expulsion: A Party may be expelled from the Authority upon approval of not less than three-fourths (3/4) of the Members. (v) Annual Budget: Adoption of an Annual Budget shall require the approval of two-thirds (2/3) of the Members. 3. Proxy and Absentee Votes Representatives of Members may not cast proxy or absentee votes. 4. Abstentions Representatives of Members shall vote on all matters presented to the Board for action unless an abstention is approved by unanimous vote of all other representatives of Members then present and voting, or is approved by an opinion of legal counsel that a Member or its representative has a prohibited conflict of interest, incompatibility of office or other legal basis for voting disqualification. D. Fair Political Reform Act. The representatives of Members and Ex -Officio Members on the Board, shall be considered "public officials" within the meaning of the Fair Political Reform Act of 1974, as amended, and its regulations; for purposes of financial disclosure, conflict of interest and other requirements of such Act and regulations, subject to a contrary opinion or written advice of the Fair Political Reform Commission. Exhibit "A" Resolution No. 98-94 10 115 116 E. Levine Act. The representatives of Members and Ex -Officio Members on the Board, are 'officials" within the meaning of Government Code Section 84308 et seq., commonly known as the "Levine Act," and subject to the restrictions of such act on the acceptance, solicitation or direction of contributions. F. Principal Office. The principal office of the Authority shall be established within the County by the Board and may be changed from time to time in the same manner as originally established. G. Meetings. 1. Time and Place: The Board shall meet at the principal office of the Authority, or at such other place designated by the Board if notice is provided in the manner of notice of an adjourned meeting under the Ralph M. Brown Act, contained in Government Code Section 54950 et. seq.. The time and place of regular meetings of the Board shall be designated by Resolution adopted by the Board, a copy of which shall be furnished to each Member. 2. Call and Conduct: All regular, adjourned and special meetings of the Board shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, and all other applicable legislation regulating the conduct of meetings of the legislative body of a local public agency. H. Quorum: Representatives of a majority of the Members shall constitute the quorum of the Board required to conduct the business of the Authority. Rules: The Board may adopt from time to time rules and regulations for the conduct of the Board and the affairs of the Authority consistent with this Agreement and all other applicable laws. J. Minutes: The Secretary of the Authority shall cause minutes of all regular, adjourned regular and special meetings of the Board to be drafted and mailed to each Member and Ex -Officio Member five days prior to the next Exhibit "A" Resolution No. 98-94 11 LJ regularly scheduled meeting. Upon approval by the Board at a regularly called meeting thereafter, such minutes shall become a part of the official public records of the Authority. 5.4 Officers A Chair and Vice -Chair: The Board shall select a Chair and Vice -Chair from the representatives of Members. B. Secretary: The Board shall appoint a Secretary from the representatives of Members, agents, officers, or employees of a Member. C. Treasurer and Auditor: The Board shall appoint an agent, officer or employee of the Authority or an officer or employee of a Member to hold the offices of Treasurer and Auditor for the Authority. Such offices may be held by separate agents, officers or employees or may be combined and held by one such agent, officer or employee, as provided by the Board. Such person(s) shall possess the powers and duties of, and shall perform all Treasurer and Auditor functions for the Authority, including those required or authorized by Government Code Sections 6505, 6505.5, and 6505.6. D. Executive Director: The Board shall appoint an Executive Director, which appointment shall require the approval of a majority of the Members. The Executive Director may be an agent, officer or employee of a Member, and shall have full authority and responsibility to implement the purposes and objectives of the Authority, subject only to the general authority of the Board. E. Terms: The Chair, Vice -Chair, Secretary, Treasurer and Auditor shall hold all offices for a period of one fiscal year, concurrent with the Authority's fiscal year, and thereafter until their successor is selected and qualified. The appointment of such persons by the Board shall be evidence that the position of an agent, officer, or employee of the Authority is compatible with those of an agent, officer, or employee of any Member. Exhibit "A" Resolution No. 98-94 12 117 118 F. Additional Officers: The Board may appoint any additional officers deemed necessary or desirable. Such additional officers also may be officers or employees of a Member, Ex -Officio Member or the Authority. 5.5 Bonding Requirements The officers or persons designated to have charge of, handle, or have access to any funds or property of the Authority shall be designated and empowered by the Board. The Board may required the officer(s) to file a bond with the Authority in an amount established by the Board. 5.6 Status of Officers and Employees All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of agents, officers or employees of the Authority when performing their respective functions within the territorial limits of a Member shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under the provisions of this Agreement and Chapter 5 of Title 1 of Division 7 of the Government Code, commencing with Section 6500. VI. MISCELLANEOUS 6.1 Amendments Except as otherwise provided in this Agreement, amendments may be approved by a majority of the Board. 6.2 Notice Any notice required to be given or delivered by any provision of this Agreement shall be deposited in any United States Post Office, registered or certified, postage prepaid, addressed to the Member(s) and Ex -Officio Member(s), and shall be deemed to have been received by the Member(s) or Ex -Officio Member(s) to whom the same is addressed at the expiration of seventy-two (72) hours thereafter. 6.3 Arbitration Any controversy or claim between any Members, or between any Member(s) of the Authority, in respect to the Authority's operations, or to any claims, disputes, 13 Exhibit "A" Resolution No. 98-94 1 1 1 demands, difference, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, except for cross complaints, counterclaims or third -party complaints for comparative equitable indemnity filed by non - Parties, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the general rules of the American Arbitration Association shall apply. The Member desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Member and the Authority. Such notice shall designate as "respondents" such other Members as the initiating Member intends to have bound by any award made therein. Any Member not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other Members it wishes to name as respondent. Within twenty (20) days of the service of the initial demand for arbitration, the American Arbitration Association, (AAA), shall submit simultaneously to the initiator and to all Members named as respondents or filing a response therein, an identical list of names and persons chosen from the AAA National Panel of Arbitrators which persons shall be to the extent possible, persons first in the field of airport operations, commercial, air passenger and freight service and surface transportation as well as public law. Each Member to a dispute shall have seven (7) days from the mailing date in which to cross off any names indicating the order of his or her preference, and return the list to the AAA. If a Member does not return the list within such time period, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Members fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall have the power to make the appointment of the arbitrator form other members of the panel without the submission of any additional list. No discovery shall be permitted except by order of the arbitrator. The award of the arbitrator shall be conclusive, and entered as judgment in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure_ 6.4 successors This Agreement shall be binding upon and inure to the benefit of any successor of a Member or Ex -Officio Member, subject to the provisions of Section 6.5 of this Agreement. Exhibit "A" Resolution No. 98-94 14 119 120 6.5 Assignment and Delegation The Members and Ex -Officio Members shall not assign any rights or delegate any duties under this Agreement without the unanimous written consent of all other Members. 6.6 Code Section References All various code section references are to the various codes of the State of California, unless stated otherwise. 6.7 Counterparts This Agreement may be executed in one (1) or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes. 6.8 Execution The legislative bodies of the Members each have authorized execution of this Agreement, as evidenced by the respective signatures attested below. APPROVED AS TO FORM: CITYOF Co 5?a IM E St) a municipal corporation C ityAttorney Mayor ATTEST: By. ^ T. CityClerk F:\cat\da\Eltoro\Ag\ocraajpa\031898.doc Exhibit "A" Resolution No. 98-94 15 1