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HomeMy WebLinkAbout99-65 - Approving amendment no. 4 to the San Joaquin Hills Transportation Corridor Agency AgreementRESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AGREEMENT. WHEREAS, the County of Orange (Districts 3 and 5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana, 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 (the "City") became effective on March 24, 1999; and WHEREAS, at a public hearing on May 5, 1999, the City 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 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, 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 parties, including the City of Laguna Woods, is required to admit the City of Laguna Woods as a party; NOW, THEREFORE, BE IT RESOLVED that in anticipation of the events recited above, and to enable the City of Laguna Woods to participate fully in the Agency's Board meeting on October 14, 1999, the Costa Mesa City Council hereby authorizes the Mayor to sign and the City Clerk to attest Amendment No. 4, attached hereto as Exhibit "A", to the First Amended and Restated Joint Exercise of Powers Agreement creating the San Joaquin Hills Transportation Corridor Agency. PASSED AND ADOPTED this 4' day of October, 1999. Mayor of t e City of Costa Mesa ATTEST: 1. Deputy City Clet of the City of Costa Mesa wi • STATE OF CALIFORNIA 1 COUNTY OF ORANGE 1 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. 99-65 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the day of 4' day of October, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa the 5"' day of October, 1999. r - (�-� Deputy��It� erk and ex -officio Clerk of the Cityou of the City of Costa Mesa 1 1 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 imposed no terms and conditions upon the participation of the City of Laguna Woods 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 1 1.1 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) 0) County of Orange (5th District) (k) City of San Clemente -\ereenient t;99-02 1 1 Exhibit "A" Resolution No. 99-65 Page 1 of 6 Jj (1) City of San Juan Capistrano (m) City of Santa Ana" SECTION 3. Section 3.2 hereby is amended to read as follows: "... 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 Costa Mesa, Dana Point, Irvine, Laguna hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport 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 �3 Dated: APPROVED AS TO FORM: By: _ County Counsel Agreement #99-021 2 COUNTY OF ORANGE Bv: Chairman Board of Supervisors Exhibit "A" Resolution No. 99-65 Page 2 of 6 1 1 ATTEST: Clerk of the City of Costa Mesa By. T Dated: Adt._�4� APPROVED AS TO FORM: � City Attorneys. 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 Agreement #99-021 1 CITY OF COSTA ESA By: (?) &--, ( Mayor COUNTY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor 3 Exhibit "A" Resolution No. 99-65 Page 3 of 6 61 62 ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: By: City Attorney FA0mZRII Clerk of the City 9f Laguna Woods 12 By: D ed- -02 -7 APPROVED S TO FORM: By: City Attorney ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Attorney Agreement #99-021 4 CITY OF LAGUNA NIGUEL By: Mayor CITY OF L NA OODS By. ayor Pro em CITY OF MISSION VIEJO By: __ Mayor Exhibit "A" Resolution No. 99-65 Page 4 of 6 C 1 ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Clemente By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Juan Capistrano By: -- - Dated: APPROVED AS TO FORM: By: _ City Attorney Agreement #99-021 1 CITY OF NEWPORT BEACH Bv: Mayor CITY OF SAN CLEMENTE Bv: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor Exhibit "A" Resolution No. 99-65 Page 5 of 6 ATTEST: CITY OF SANTA ANA Clerk of the City of Santa Ana By: Mayor By: Dated: APPROVED AS TO FORM: By: -- City Attorney 1 1 Agreement #99-021 6 1 Exhibit "A" Resolution No. 99-65 Page 6 of 6