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HomeMy WebLinkAbout89-20 - San Joaquin Hills Transportation CorridorNO. 89 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ALLOWING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY. • WHEREAS, the County of Orange and the cities of Costa Mesa, 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 Transportation Corridor Agency (The "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Dana Point (the "City ") became effective on January 1, 1989; and WHEREAS, the City has adopted Ordinance No. 89 -8, adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City also has adopted Resolution No. 89 -31, establishing the Areas of Benefit and 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 4.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, the City of Newport Beach hereby agrees to admit the City as a Party to the Agency, and authorizes its Mayor to sign and Clerk to attest Amendment No. l to the First Amended • and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit "A ". IT IS FURTHER Resolved by the City Council of the City of Newport Beach that all other provisions of Resolution Number 85 -11 shall remain the same and be in full force and effect. ADOPTED this 27th day of March, 1989. • MAYOR ATTE T: CITY CLERK I , 0 AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION 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 Dana Point 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 City of Dana Point, 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. 1. to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the Lt& day of nPiw- , 1989, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Mission Viejo (f) City of Newport Beach (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Ana EXHIBIT A Page 1 of 4 is 0 0 SECTION 3. Section 3.2 hereby is amended to read as follows: ... 3.2 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, Newport Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa Ana. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: �� LINDA RUTH Clerk of the Board of Supervisors County of Orange, California g9 -YS APPROVED AS TO FORM: By. o ty Counsel COUNTY OF ORANGE Chairman Board of Supervisors ATTEST: CITY OF DANA POINT c Zleek-of the City of kna Point By: Mayor JUDY CURRERI BY' CAR ON J}�d ay 23, 1989 APYR(3Z1� AS TO FORM: By. C' A me JE Y PATTERSON EXHIBIT A Page 2 of 4 0 ATTEST: Clerk of the City `of Ir i -s.e By:/ 2ca Dat d 9 APPRO D' A- FlOItM: By: �QL z it Att r ey • CITY OF IRVINE By / M7 o ATTEST:.,,. ` CITY OF MISSION VIEJO Clerk-of thy; City Atwtis'sor.Viejo By: Ivy_ Mayor By WILLIAM S. CRA RAF XPPk,bVEW&S TO FORM: By:� City Attorney SCOTT FIELD ATTEST: Clerk of the City of Newport Beac} By: % 9 Dated APPROVED AS TO FORM: By: C b - G G�^ L_:. C�y Attorney ATTEST: 0 Clerk of the City of San Clemente B By: _iw. ® ✓G7/Lcyezc Dated APPROVED AS TO FORM: By: Cqtt orn y EXHIBIT A Page 3 of 4 0 ATTEST: Clerk of the City of San Juan Capistrano By. APPROVED AS TO FORM: sy: 1 <4� City AttormWy ATTEST: Clerk of the City of Santa Ana D APPROVED / FORM: t ;_s ATTEST: Clerk of the City oe Costa. Mt'mi Dated 6 -$D -ff1 )Gad, ST—/O/ C41-3 -81) APPROVED ED AS TO FORM: By: City Attorney 0 CITY OF SANTA ANA pro as nt City Manager CITY OF COSTA MESA B Mayor A EXHIBIT A Page 4 of 4