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HomeMy WebLinkAbout90-09 - San Joaquin Hills Transportation Corridor Agency Amendment 2RESOLUTION NO. 90-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AMENEMENT NO. 2 TO THE JOINT POWERS AGREEMENT OF 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 Trans- portation Corridor Agency (The "Agreement" and the "Agency"), which Agree- ment became effective on October 17, 1989; and WHEREAS, the incorporation of the City of Laguna Niguel (the "City") became effective on December 1, 1989; and WHEREAS, it is also anticipated that on February 6, 1990 the City will adopt Ordinance No. 89-9, adopting the 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 of the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing Party 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. 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 Costa Mesa hereby authorizes its Mayor to sign the City Clerk to attest and certify the adoption of Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit "A". PASSED AND ADOPTED this 5th day of February, 1990. :Mayor of �the�-City of -Cos., a Mesa ATTEST: 6�'J 14 Q ti 6) r�oc�� City Clerk of the City of Cost esa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 90-9 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 5th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of February, 1990. City Clerk and ex -officio Cler f the City Council of the City of Coota Mesa 1 r AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT CREATING THE SAN JOAQUIN HIUS =WSPORTA,TICN CORRIDOR AGENCY SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Laguna Niguel 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 Trans- portation 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 casts and required fees. SECTION 2. The first paragraph and such Agreement hereby is amended to real 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 City of Dana Point and the City of Laguna Niguel, 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. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies of the 6th day of February, 1990, the date on which the last of such public agencies executed this Amendment No. 2 of such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Niguel (f) City of Mission Viejo (g) City of Newport Beach (h) City of San Clemente i (i) City of San Juan Capistrano (j) City of Santa Ana SECTION 3. Section 3.2 hereby is amended to read as follows: . . . 3.2 BOARD a. The Board shall consist of the following: Exhibit for Resolution No. 90-9 Page 1 of 5 gXµ1s1r A RESouJriaN qo-q 1 147 148 (i) One voting Hoard Member appointed by the legisla- tive body of each of the following Parties, pursuant to Section 3.1 above; the Cities of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number of counterparts. ATTEST: COUNTY OF ORANGE Clerk of the Board of Supervisors Dated: APPROVED AS TO FORM: County Counsel ATTEST: Chairman, Board of Supervisors CITY OF COSTA MESA &'L� (:P/ * I - k A- "-J- ( - aiz Clerk of the City of Costa Mesa Mayor Dated: $' APPROVED AS TO FORM: Ci ty Attorney -2- Exhibit for Resolution No. 90-9 Page 2 of 5 1 I I ATTEST: Cleric of the City of Dana Point Dated: APPROVED AS 10 FORM: City Attnrney ATTEST: CITY OF DANA POINT CITY OF IRVINE !Mayor Clerk of the City of Irvine [Mayor Dated: APPROVED AS 10 FORM: City Attorney -A:r-W wWwo—sop, 1 tell" Cleric of the City of Laguna Niguel Mayor Dated: APPROVED AS TO FORM: City Attorney - 3 - Fxhihit for Resoiution No. 90-9 Page 3 of 5 i50 ATTEST: Cleric._ of the City of Mission Viejo Dated: APPROVED AS TO FORM: city Attorney ATTEST: CITY OF MISSION VIFJO Mayor CITY OF NEWPORT BEACH Cleric of the City of Newport Beach Mayor hated: APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the City of San Clemente Darted: APPROVED AS TO FORM: .City Attorney CITY OF SAN CLEMENTE - 4 - KVor Exhibit for Resolution No. 90-9 Page 4 of 5 Ll ATTEST: CITY OF SAN JUAN CAPISTRANO Cleric of the City of San Juan Capistrano Dated: APPROVED AS TO FORM: City Attorney ATTEST: Cleric of the City of Santa Ana Rated. MkCff0*ffWi City Attomey Mayor CITY OF SANTA ANA - 5 - Mayor Exhibit for Resolution No. 90-9 Page 5 of 5 151