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HomeMy WebLinkAbout06 - San Joaquin Hills Transportation Corridor Agency Joint Powers AgreementSeptember 27, 1999 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT POWERS AGREEMENT AMENDMENT NO.4 RECOMMENDATION: Adopt Resolution No. 99 - _ authorizing the Mayor and City Clerk to execute Amendment No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency. DISCUSSION: In 1988, the City of Newport Beach joined with nine other cities and the County to form a Joint Powers Authority (JPA) for the construction of the San Joaquin Hills Transportation Corridor. Unanimous approval by the JPA is required before other agencies can be added to the JPA. The City of Laguna Hills was added shortly after its incorporation. The county's newest City, the City of Laguna Woods, has requested to join the JPA. The proposed Resolution and Amendment No. 4 to the JPA Agreement provides for the City of Laguna Woods to be added to the JPA. Permitting the City of Laguna Woods to join the JPA would require that new developments in the community pay corridor development fees. It is recommended that the City of Newport Beach support the addition of the City of Laguna Woods to the JPA. Respectfully submi ed, P BLIC WORKS DEPARTMENT Don Webb, Director Attachments: Resolution Amendment No. 4 0 E \users\pbw\ shared\ coundl\ fy99- 00\september- 2Nhtca.doc RESOLUTION NO. 99- 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADPOTING 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 ") 0 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 0 . 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 ATTEST: City Clerk \4niS— I *SVMSerS"MAshared4esolutions%htca no 4.doc day of '1999. F Mayor 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 17th 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 (3rd District) (j) County of Orange (5d' District) (k) City of San Clemente (1) City of San Juan Capistrano (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 (3rd and 5th Districts)." ATTEST: Clerk of the Board of Directors 10 By: Dated: APPROVED AS TO FORM: By: County Counsel COUNTY OF ORANGE By: Chairman Board of Supervisors f: \users\ptnv\ shared\ council \fy99- 00\september- 27\sjhtca amed no. 4.doc ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Attorney 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 P99 -021 3 CITY OF COSTA MESA By: Mayor COUNTY OF IRVINE By: Mayor CITY OF LAGUNA HILLS By: Mayor 1] r� ATTEST: Clerk of the City of Laguna Niguel By: Dated: APPROVED AS TO FORM: BY: City Attorney ATTEST: Clerk of the City f Laguna Woods By. D ed' APPROVERS TO FORM: By: 41 kut . City Attorney ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: Bv: City Attorney Agreement #99 -021 4 CITY OF LAGUNA NIGUEL By: Mayor CITY OF L A /OODS By ayor Pro Yern CITY OF MISSION VIEJO By: Mayor 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 5 CITY OF NEWPORT BEACH By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor 0 E WTTEST: Clerk of the City of Santa Ana M Dated: APPROVED AS TO FORM: By: City Attorney 1] 11 Agreement #99-021 CITY OF SANTA ANA Mayor