HomeMy WebLinkAbout99-66 - San Joaquin Hills Transportation Corridor Agency• RESOLUTION NO. 99- 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING AMENDMENT NO. 4 TO
THE FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT CREATING THE
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
AGENCY
WHEREAS, 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; and
• WHEREAS, the incorporation of the City of Laguna Woods ( "Laguna Woods ")
became effective on March 24, 1999; and
WHEREAS, at a public hearing on May 5, 1999, 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, Laguna Hills
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;
• and
• and WHEREAS, Laguna Woods has requested admission as a party to the Agency;
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, 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 Newport Beach hereby authorizes its Mayor to sign and City
• Clerk to attest Amendment No. 4 to the First Amended and Restated Joint Exercise of
•
Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency,
attached as Exhibit "A ".
Adopted this 27th day of September '1999.
Mayor
ATTEST:
is
City Clerk
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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 Directors 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 Section 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 17"' day of October, 1998, 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 (3`d District)
(j) County of Orange (5`" District)
• (k) City of San Clemente
(1) City of San Juan Capistrano
\J
(m) 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 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 (3'd and 5th Districts)."
ATTEST:
Clerk of the Board of Directors
• By:
•
Dated:
APPROVED AS TO FORM:
By:
County Counsel
COUNTY OF ORANGE
M
Chairman
Board of Supervisors
f. \users\pbw\ shared\ coundl \fy99- 00 \september- 27\sjhtca amed no. 4.doc
• ATTEST: CITY OF COSTA MESA
Clerk of the City of Costa Mesa By:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST: COUNTY OF IRVINE
Clerk of the City of Irvine By:
Mayor
By:
• Dated:
APPROVED AS TO FORM:
By:
City Attorney
J
ATTEST:
Clerk of the City of Laguna Hills
By: _
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Agreement #99 -021 3
CITY OF LAGUNA HILLS
By:
Mayor
• ATTEST:
Clerk of the City of Laguna Niguel
CITY OF LAGUNA NIGUEL
BY:
Mayor
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST: CITY OF L A OODS
Clerk of the City f Laguna Woods By
ayor Pro hem
By:
D ed• -027 -9°J
APPROVED S TO FORM:
By: !+�
A5,4t. 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 MISSION VIEJO
BY:
Mayor
• ATTEST:
Clerk of the City of Newport Beach
By: 9 i 'fix
Dated: 9 :ZJ q `j
APPROVED AS TO FORM:
Agreement #99 -021 5
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
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 5
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
OTTEST:
CITY OF SANTA ANA
Clerk of the City of Santa Ana By:
Mayor
LM
Dated:
APPROVED AS TO FORM:
Ln
City Attorney
•
•
Agreement #99 -021
r�
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•
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 99 -66, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day
of September, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil
Noes: None
Absent: Noyes
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of September, 1999.
(Seal)
City Clerk
Newport Beach, California