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HomeMy WebLinkAbout90-008263 RESOLUTION NO. 90-008 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency"), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of~L~gun~ Niguel (the "City") became effective on Decembe~r 1, 198~ a~d WHEREAS, it is anticipated that on February 6, 1990, the City shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, it is also anticipated that on February 6, 1990, the City shall 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 provides that the unanimous consent of the Parties to such Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Niguel, is required to admit the City of Laguna Niguel as a Party. 264 RESOLUTION 90-008 NOW, THEREFORE, in anticipation of the events recited above, and in order to enable the City of Laguna Niguel to participate fully in the Agency's Board meeting on February 8, 1990, the City of Santa Ana hereby authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached as Exhibit "A". ADOPTED THIS 5th day of February , 1990. ATTEST: Clerk of the Council COUNCILMEMBERS: Young Aye McGuigan Aye Norton ~ Acosta Aye Griset A~/e May Aye Pul i do Aye APPROVED AS TO FORM: City Attorney WORK MAY P~OC~D CLERK OF COUNCIL SECTION 1. The Boa£d of the San Joaquin Hills Traneportatio~ Corr%dor Agency }mpoaed no tezms and conditions upon the participation of the City of Laguna Niguel as a Party to the Agency pursuant to Section 9,1 of the F~rst Amended and' Restated Join= Powers A~reement Creating the San Joaquin Hills Transportation Corridor Agency, in addi2ion to enac=ment of the ordinance adopting the ~ajor Thoroughfare and Brid~e Fee P~ogram of such Agenc~ and the resolution establishing the Areas of Benefit, estimated costs and required fees. SECTION 2. The.first paragraph o~ such Agreement hezeby is amended to :~ad as follows: THIS FIRST A/~NDED AND RESTATED AGEEEHENT was made and entered into, ~uzsuant to Sections ll.1 and 11.3 by and among the following public agencies, othe~ than the City o~ Dana Point and the City of. Laguna Niguel, as of the lYth day of October, 1988, the fi=st date on which six or more o£ such public agencies executed this First Amended and Restated Join= · -~retcise of Powers Agreement C~eating the San Joaquin Eills Transportation Corridor Agency, and is amended by this Amendment No. 2 to such Agreement, pursuant to Section 9,~, by and among all of the following ~ublic agencies of the 6th day of.February, I990, the date on whtc~ the lilt ut such public agencies executed this Amendment No. 2 to Suc~ Agreement: (a) County of 0range (b) City of Costa Hesa (c) City of Dana Point (d) C~ty of Irvine (e) City of LAguna ~iguel City o~ Mission Vtejo <h) City o~ San Clements <i) City of San Juan (j) City of Santa Ama Pa~e 1 of 5 , SICTION 3. Section 3.2 hereby is amended to read as follows: .3.2 BOARD a. The Board shall consist of the following: (i) One votin~ Boa=d Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities of COSt& Ness, Dana Point, Izvine, LaTuna Niguel, Mission Viejo, Newport Beach, San Clements, San Juan Ca~isc~ano an~ Santa Ans. SECTION ~. This Amendmen~ NO. 2 can be exscuted in any number of counterparts. ATTEST: Supervisors Da~ed: A~PKOV~D AS TO FOliO: ~f C0UNT~ OF ORAN~X By: ~oaru o~ Supervisors By: Co~nty-Counse~ ATTEST: Clerk of the City Costa ~esa Da~ed: _ APPROVED AS of TO FOI~: CITI OF COSTA By: Mayor City A~to~ney SECTION 3. Section 3.2 hereby is amendedto read as .3,2 BOARD The Board shall consis~ Of the following: (i) One votins Board M~mber appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities'oS Cocoa Meea,.Dana Point, Irvine, Lasuna Ni~uel, Mission Viejo, Newport Beach, San Clements, San Juan Capistrano and Santa Aha, SECTION ~, any number of counterparts, AUTHORIZED ff~ 6, 1990 ~-~ ~ 18, 1990 ~ ~ ~ D~ Cl~k o~ t~ ~ of Su~i~rs ~PKO~D AS TO F0~: By: / ~ County ~ounsel ATTEST: This Amendment NO. 2 can be executed in COUNTY OF OF. ANGE By: Board of Supervisors CITY OF COSTA I~SA Clerk of the City of Costa ~esa By: Dated: APPROVED AS TO F01~: By: City Attorney By' Mayor Page 2 of 5 (i) One votin~ Board Member appointmd by the legisla- tive body of each of the following Parties, ~ur~uant to fx~G~io[1 3.1 a~x~v~; t~e Cities of Costa Mesa, Dana ~oint, Irvine, Lacuna Niguel, Mission VieJo, N~w~ort Beach, San Cl~nte, San Juan Capi~trano and Santa Aha. counterpart s. This Amendment No. 2 can De executed in arq number of A/TEST di~rk of the Board of SdPervisors Dated ~ .... Co~Hty Couns~£ A~TEST: CITY OF COS'I~ I~SA - -Cfty Attorney ATTEST; CITZ 0r DA~A POINT Clerk of the City of Dana Point Nayo= Eileen L. Krause By: City Attorney Jerry Patteraon ATTEST; Clerk of the City of Irvine CITT 0r IRVINE By:. APPROVED AS TO FOB.M: 'M&yom By: City Attorney ATTEST: Chrk of the City o~ La&un& Nisuel By: Dated: APPROVED AS TO FO&M: Atto=ney CIT~" OP ~AGL~NA NXG%'EL Page 3 of 5 ATTEST: Clerk of the City of Dana Point By: __ Dated: APPROVED AS TO FO~: CI" ~ OF DANA POINT BY: Mayor By: City Attorney ATTEST: Clerk of Irvine the City o~ A~PKOVED AS.., TO FORM: City~Atfo~ney ATTEST: Clerk of the City of Laguna By: Dated: APPROVED AS TO FO~: By: City Attorney CITY 0f IRVIN~ CITY OF LAGUNA NIGUEL Page 3 of 5 ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FOl~: CITY OF DANA POINT By: Mayor By: City Attorney ATTEST: Clerk of the City of Irvine By: Dated: _ APPROVED AS TO FORM: CITY OF IRVIN~ By: Mayor By: City Attorney ATTEST: CITY OF LAGUNA NIGUEL Clerk of the City of Laguna Niguel APPROV~D AS TO FORM: By: ~liy lttO~ney/ ~a~e ~ of 5 ATTEST: Clerk of ~he City of Mission viejo APPROVED AS TO FORM: CITY OF MISSION VIE30 Christain W. Ke~ City Attorney Scott Field ATTEST: Clerk of the City of Newport Beach By: ........... Dated: ..... APPROVED AS TO FORM: CITY OF NEWPORT BEACH By' Mayor By: City Attorney ATTEST: Clerk of the City of San Clemente Dated: .. APPROVED AS TO FORM: By: City Attorney CITY OF SAN CLEM~NTE By: Mayor .... ~ ' ~ B~d PaGe 4 of 5 ATTEST: Clerk of the City of Mission Viejo By: __ Dated: APPROVED AS TO CITY OF MISSION VIEJO By: Mayor By: City Attorney ATTEST: Clerk of the City of Newport Beach PRO D AS To ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORIt: By: City Attorney CITY OF NEWPORT BEACH CITY OF SAN CLEMENTE By: Nayor Pase ~ of 5 ATTEST: Clerk of the City of By: Dated: APPROVED AS TO FOEM: CIT~ OF MISSION VIE30 By: ..... Mayo~ By: city"Attorney ATTEST; Clerk of the City of Newport Beach By: Dated: Ai~PROVED AS TO FORM: CITY OF NEWPORT BEACH By: MayOr By: ~lty"AttorneY ATTEST; CITY OF SAN CLEM~NTE Clerk Of the San Clemente City By: APPROVED AS TO FORM; Mayor Page 4 of 5 ATTEST: Clerk o~ the ~ity of San Juan Capistrano By: _. , .... Dated; APPROVED AS TO CITY OF SAN JUAN CAPIST~NO By: City Att'orney' ATTEST; Clerk of the City of Santa Aha APPROVED AS TO City CITY OF SANTA ANA _ _. ~./~w'/ 1 City Manager ATTEST; Clerk of the City of San Juan Cagistrano By: Dar:ed: P' CITY Or SAN JUAN CAPISTRANO APPROVED AS TO FORM: City } A't t Or ~{ey ATTEST: CITY OF SANTA ANA Clerk of the City of Santa Aha By: By: Dated: APPROVED AS TO FORM: By: City Attorney Pa[e 5 of 5