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HomeMy WebLinkAbout99-066 - Approving Amendment No. 4RESOLUTION NO. 1999-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TP~ANSPORTATION CORRIDOR AGENCY WHEREAS, ~he County of Orange (Districts 3 and'5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, 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 Laguna Woods became effective on March 24, 1999; and WHEREAS, at a public hearing on May 5, 1999, the City of Laguna Woods enacted an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, at a subsequent public hearing on August 18, 1999, the City of Laguna Woods 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 W~EREAS, the City of Laguna Woods 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 Laguna Woods, is required to admit the City of Laguna Woods as a Party. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA that in anticipation of the events recited above, and in order to enable the City of Laguna Woods to participate fully in the Agency's Board meeting on October 14, 1999, the City of Santa Aha hereby authorizes its Mayor to execute and City Clerk to attest Amendment No. 4 to the First Amendment and Restated Joint Resolution No. 1999-066 Page 2 of 2 Exercise of Powers Agreement Creating the San Joaquin Hills TraDsportation Corridor Agency, attached hereto as Exhibit "A" and incorporated herein by reference. .ADOPTED this 4th day of October , 1999.  A. ]~ulido - ~e ir'~eo~ ' t ~eUY~coun~ ~ COUNCIL MEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin ~ McGuigan ~ Moreno Aye APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do attached Resolution /qg~ _ ~ to be the adopted by the City Council of the City Date: hereby certify the original resolution of Santa Aha on ~e~ of the Cou~c~--~ {~ity of Santa Aha I / EXHIBIT "A" AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of Supervisors of the San Joaquin Hills Transportation Corridor Agency !reposed no terms and conditions upon the participation of the City of Laguna Woods as a Partyto the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills 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. as follows: SECTION 2. The first paragraph of such Agreement hereby is amended to read "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 Laguna Woods and the City of Laguna Hills, as of the 17th 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 San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 4 to such Agreement: (a) City of Costa Mesa (b) City of Dana Point (c) City of Irvine (d) City of Laguna Hills (e) City of Laguna Niguel (f) City of Laguna Woods (g) City of Mission Viejo (h) City of Newport Beach (i) County of Orange (3rd District) (j) County of Orange (5th District) (k) City of San Clemente Agreement #99-021 I 394 (1) City of San Juan Capistrano (m) City of Santa Aha" 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 of the following Parties, pursuant to Section 3.1 above, the Cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Aha and the County of Orange (3rd and 5th Districts)." ATTEST: Clerk of the Board of Supervisors By: Dated: COUNTY OF ORANGE By:. Chairman Board of Supervisors APPROVED AS TO FORM: By: County Counsel Agreement #99-021 2 ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Attorney' ATTEST: Clerk of the City of Irvine By: Dated: .. APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: By: City Attorney CITY OF COSTA MESA By: Mayor COUNTY OF IRVINE By:. Mayor CITY OF LAGUNA HILLS By: Mayor Agreement//99-021 3 396 ATTEST: Clerk of the City of Laguna Niguel By: j~ Dated: CITY OF LAGUNA NIGUEL By: Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: DO~ e~ -,~ -~ - '~'~" CITY OF~A)VOODS APPROVED 3,S TO FORM: ~0~'. city"Attorney ' ATTEST: Clerk of the City of Mission Viejo By: Dated: CITY OF MISSION VIEJO By: Mayor APPROVED AS TO FORM: By: City Attorney Agreement #99-021 4 ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: By:,, ;; City Attorney ATTEST: Clerk of the City ofSah Clemente By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Juan Capistrano By: Dated: CITY OF NEWPORT BEACH By: ' Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRAN0 By: Mayor APPROVED AS TO FORM: By: City Attorney Agreement.#99-021 398' ATTEST: Clerk of thc City of Santa Aha Dated/: /~,/~ .'R / ? ~ By: ~ ~ ;~tto~-~ Agreement #99-021 6