HomeMy WebLinkAbout01-53 - Approving Amendment No. 5 to San Joaquin Hills Transportation Corridor Agency AgreementRESOLUTION NO. 6 / -5.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING AMENDMENT
NO. 5 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 Aliso Viejo (the "City") became
effective on July 1, 2001; and
WHEREAS, at a public hearing on July 24, 2001, the City enacted Ordinance
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; 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 Aliso Viejo, is required to admit the
City of Aliso Viejo as a party;
NOW, THEREFORE, BE IT RESOLVED that in anticipation of the events recited
above, and to enable the City of Aliso Viejo to participate fully in the Agency's Board
meeting on September 13, 2001, the Costa Mesa City Council hereby authorizes its
Mayor to sign and the Deputy City Clerk 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 hereto as Exhibit "A:.
PASSED AND ADOPTED this 20th day of A gust, 2001.
h /,AV"
Mayor of the City of Costa Mesa
t ��o Te rA
ATTEST:
Deputy City dlerk of the City of Costa Mesa APPROVED AS TO FORM
STATE OF CALIFORNIA ) � CITY ATTORNEY
COUNTY OF ORANGE ) 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. o - .5.3 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the day of 20th day of August, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa the 21st day of August, 2001.
Deputy City/Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
Exhibit A
AMENDMENT NO.5
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 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.
follows:
SECTION 2. The first paragraph of such Agreement hereby is amended to read as
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
(h)
City of Mission Viejo
(i)
City of Newport Beach
0)
County of Orange (3rd District)
210647 - 1 -
(k) County of Orange (5th District)
(1) City of San Clemente
(m) City of San Juan Capistrano
(n) City of Santa Ana
SECTION 3. Section 3.2 hereby is amended to read as follows:
*- •
(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 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
By:
Dated:
Approved as to form:
By:
County Counsel
[continued on next page]
COUNTY OF ORANGE
BY:
- 2 -
Chairman
Board of Supervisors
ATTEST:
Clerk of the City of Aliso Viejo
By:
Dated:
APPROVED AS TO FORM:
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
By: To -
Dated: Q&4=� a -o , Z6 d /
APPROVED A TO FORM:
By:
City Eo=-sel A
ATTEST:
Clerk of the City of Dana Point
By:
Dated:
APPROVED AS TO FORM:
IIn
City Counsel
CITY OF ALISO VIEJO
By:
Mayor
CITY OF COSTA MESA
By:
Mayor Pro -WW1
CITY OF DANA POINT
By:
- 3 -
Mayor
A
ATTEST:
Clerk of the City of Irvine
By: _
Dated:
By:
City Counsel
1101 To] 90"
ATTEST:
Clerk of the City of Laguna Hills
By: _
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Laguna Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA HILLS
By:
Mayor
CITY OF LAGUNA NIGUEL
By:
Mayor
ATTEST:
Clerk of the City of Laguna Woods
BY:
Dated:
APPROVED AS TO FORM:
Bv:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By: _
Dated:
APPROVED AS TO FORM:
BY:
City Counsel
ATTEST:
Clerk of the City of Newport Beach
By:
Dated:
APPROVED AS TO FORM:
BY:
City Counsel
CITY OF LAGUNA WOODS
BY:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF NEWPORT BEACH
By:
Mayor
- 5 -
ATTEST:
Clerk of the City of San Clemente
By: _
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of San Juan Capistrano
By:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
ATTEST:
Clerk of the City of Santa Ana
BY:
Dated:
APPROVED AS TO FORM:
Bv:
City Counsel
CITY OF SAN CLEMENTE
BY:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CITY OF SANTA ANA
By:
0
Mayor