Loading...
HomeMy WebLinkAbout2001-058 - San Joaquin Hills Transportation Corridor AgencyRESOLUTION NO. 2001-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY kdo/7/20/01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Ao The County of Orange (Districts 3 and 5), and 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 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. The incorporation of the City of Aliso Viejo became effective on July 1, 2001. At a public hearing on July 24, 2001, the City of Aliso Viejo enacted Ordinance No. 2001-011 adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement, and adopted Resolution No. 2001-041 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. D. The City of Aliso Viejo has requested admission as a party to the Agency. 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 Aliso Viejo, is required to admit the City of Aliso Viejo as a Party. Section 2. in anticipation of the events recited above, and in order to enable the City of Aliso Viejo tc participate fully in the Agency's Board meeting on September 13, 2001, the Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest Amendment No. 5 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached Resolution No. 2001-058 Page 1 of 8 hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth herein. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th dayof September, 2001. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: NOES: AB STAIN: Councilmembers: Bist, Christy, Franklin, McGuiqan, Pulido, Solorio (6) Councilmembers: None Councilmembers: None NOT PRESENT:Councilmembers: Alvarez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2001-058 to be the original resolution adopted by the City Council of the City of Santa Ana on September 4, 2001. Clerk of the Coufmil ~.) City of Santa Ana Resolution No. 2001-058 Page 2 of 8 Exhibit A AMENDMENT NO.5 TO THE FIRST AMEND ED AND REST A TED 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 imposed no term and conditions upon the participation of the City of Aliso Viejo as a party to 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. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: 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 Cities of Dana Point, Laguna Niguel, Laguna Hills and the City of Laguna Woods, 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. 5 to such Agreement: (a) City of Aliso Viejo (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Hills (f) City of Laguna Niguel (g) City of Laguna Woods Resolution No. 2001-058 Page 3 of 8 follows: (h) City of Mission Viejo (i) City of Newport Beach (j) County of Orange (k) County of Orange (1) City of (m) City of (n) City of SECTION 3. (3rd District) (5th District) San Clemente San Juan Capistrano Santa Aha Section 3.2 hereby is amended to read as ...BOARD. (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 Aliso Viejo, Costa Mesa, Dana Point, Irvine, Laguna Mills, Laguna Niguel, Laguna Woods, Mission Viejo, New"port Beach, San Clemente, San Juan Capistrano, and Santa Ana and the County of Orange (3rd and 5th Districts). ATTEST: Clerk of the Board of Supervisors By: Dated: Approved as to form: By: County Counsel COUNTY OF OR3~NGE By: Chairman Board of Supervisors [continued on next page] Resolution No. 2001-058 Page 4 of 8 ATTEST: Clerk of the City of Aliso Viejo By:~ Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Dana Point By: Dated: APPROVED AS TO FORM: By: City Counsel CITY OF ALISO VIEJO By: Mayor CITY OF COSTA MESA By: Mayor CITY OF DANA POINT By: Mayor Resolution No. 2001-058 Page 5 of 8 ATTEST: Clerk of By: the City of Irvine Dated: APPROVED AS TO FORM: CITY OF IRVINE By: Mayor By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated: APPROVED AS TO FORM: CITY OF LAGUNA HILLS By: Mayor By: City Counsel ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: CITY OF LAGUNA NIGUEL By: Mayor By: City Counsel Resolution No. 2001-058 Page 6 of 8 ATTEST: Clerk of the City of Laguna Woods By: Dated: APPROVED AS TO FORM: CITY OF LAGUNA WOODS By: Mayor By: City Counsel ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: CITY OF MISSION VIEJO By: Mayor By: City Counsel ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: CITY OF NEWPORT BEACH By: Mayor By: City Counsel Resolution No. 2001-058 Page 7 of 8 ATTEST: Clerk of By: the City of San Clemente Dated: APPROVED AS TO FORM: CITY OF SAN CLEMENTE By: Mayor By: City Counsel ATTEST: Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO By: Mayor By: City Counsel ATTEST: APPROVED AS TO FORM: By: C~ Counsel Resolution No. 2001-058 Page 8 of 8