HomeMy WebLinkAbout09 - San Joaquin Hills Transportation Corridor Agency�eE°'POa> CITY OF NEWPORT BEACH
o ° CITY MANAGER'S OFFICE
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644 -3000; FAX (714) 6443020
Hearing Date:
Agenda Item
No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
August 14, 2001
9
Homer L. Bludau
(949) 644 -3000
SUBJECT: Admission of the City of Aliso Viejo as a member of the San Joaquin
Hills Transportation Corridor Agency
SUGGESTED Adopt Resolution No. 2001- admitting Aliso Viejo to the San
ACTION: Joaquin Hills Transportation Corridor Agency ( SJHTCH)
Aliso Viejo is a newly incorporated Orange County city as of July 1, 2001. The City has taken
all necessary steps to join the SJHTCA. It's membership requires approval from all current
members: Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods,
Mission Viejo, San Clemente, San Juan Capistrano, Santa Ana, Newport Beach and the County
of Orange.
Council Member O'Neil, who represents Newport Beach on the SJHTCA Board, supports
resolution approval.
HOMER L. BLUDAU
Cit Mager
+4%
Attachments: 1. Letter from Monica M. Lawrence & Resolution
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
WALTER L. NOSSAMAN
(1886.1944)
WILLIAM E. GUTHNER, JR.
(1902 -1999)
SAN FRANCISCO
THIRTY- FOURTH FLOOR
50 CALIFORNIA STREET
SAN FRANCISCO, CA 94111 -4799
(415) sw3800
LOS ANGELES
THIRTY.FIRST FLOOR
445 SOUTH FIGUEROA STREET
LOS ANGELES. CA 90071 -1502
(211) 512 -7500
VIA OVERNIGHT MAIL
Homer Bludau, City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
SUITE 1800
18101 VON KARMAN AVENUE
P.O. BOX 19772
IRVINE. CALIFORNIA 92623 -9772
TELEPHONE (949) 833.7800
FACSIMILE (949) 833.7878
August 2, 2001
JOHN T. KNOX
WARREN G. ELLIOTT
OF COUNSEL
WASHINGTON D.C.
SUITE 370.S
601 11TH STREET N.W.
WASHINGTON, D.C. 20005
(202) 761.'72'72
SACRAMENTO
SUITE 1000
915 L STREET
SACRAMENTO. CA 95814-3701
(918) 442.6555
REFER TO FILE NUMBER
190477 -999
Re: Admission of the City of Aliso Viejo as Member of the San Joaquin Hills
Transportation Corridor Agency
Dear Mr. Bludau:
Our office serves as legal counsel to the San Joaquin Hills Transportation
Corridor Agency ( "SJHTCA ").
The City of Aliso Viejo was incorporated on July 1, 2001. At a public hearing on
July 24, 2001, the City of Aliso Viejo enacted Ordinance No. 2001 -011 adopting the Major
Thoroughfare and Bridge Fee Program, and adopted Resolution No. 2001 -041 establishing the
Areas of Benefit, estimated costs and required fees. These actions were pursuant to Section 9.1
of the "First Amended and Restated Joint Exercise of Powers Agreement Creating the San
Joaquin Hills Transportation Corridor Agency" ( "Agreement ").
Section 11.1 of the Agreement requires the unanimous consent of all Parties,
including the City of Newport Beach, to be evidenced by execution of a written amendment to
the Agreement. The amendment, together with a form of resolution authorizing execution, is
enclosed. We request that this item be agendized promptly so that the City of Aliso Viejo may
participate fully in the Board's next scheduled meeting.
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Mr. Home Bludau
August 2, 2001
Page 2
Please forward the original and three certified copies of the executed amendment,
as well as three certified copies of the resolution authorizing execution to my attention at the
address noted above.
Thank you very much for your prompt attention to this matter. Please contact me
if you have any questions or require further information.
Very truly yours,
GjlJl'k, ne
Monica M. Lawrence
Paralegal
IIroM011
CC: Walter D. Kreutzen, TCA
Kathy Besnard, TCA
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
APPROVING AMENDMENT NO. 5 TO THE
FIRST AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAN HILLS
TRANSPORTATION CORRIDOR AGENCY TO
ADMIT ALISO VIEJO TO THE 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 Aliso Viejo (the
"City ") became effective on July 1, 2001; and
WHEREAS, at a public hearing on July 24, 2001, the City
enacted Ordinance No. 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 the Parties, including the
City of Aliso Viejo, is required to admit the City of Aliso Viejo as a Party.
NOW, THEREFORE, in anticipation of the events recited
above, and in order to enable the City of Aliso Viejo to participate fully in the
Agency's Board meeting on September 13, 2001, the City of Newport Beach
hereby authorizes its Mayor to sign and the 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 as
Exhibit "A ".
Adopted this 14th day of August 2001.
MAYOR
ATTEST:
CITY CLERK
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
6)
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:
... 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 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: COUNTY OF ORANGE
Clerk of the Board of Supervisors
By:
Dated:
Approved as to form:
By:
County Counsel
[continued on next page]
- 2 -
Chairman
Board of Supervisors
ATTEST:
Clerk of the City of Aliso Viejo
By:
Dated:
APPROVED AS TO FORM:
m
City Counsel
ATTEST:
Clerk of the City of Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
2
City Counsel
ATTEST:
Clerk of the City of Dana Point
Bv:
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF ALISO VIEJO
By:
Mayor
CITY OF COSTA MESA
BY:
Mayor
CITY OF DANA POINT
BY:
- 3 -
Mayor
ATTEST:
Clerk of the City of Irvine
m
Dated:
APPROVED AS TO FORM:
BY:
City Counsel
ATTEST:
Clerk of the City of Laguna Hills
By: _
Dated:
APPROVED AS TO FORM:
Bv:
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
- 4 -
ATTEST:
Clerk of the City of Laguna Woods
0
Dated:
APPROVED AS TO FORM:
BY:
City Counsel
ATTEST:
Clerk of the City of Mission Viejo
By: _
Dated:
APPROVED AS TO FORM:
Bv:
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 -
Clerk of the City of San Clemente
By: _
Dated:
APPROVED AS TO FORM:
Bv:
City Counsel
ATTEST:
Clerk of the City of San Juan Capistrano
By: _
Dated:
APPROVED AS TO FORM:
Bv:
City Counsel
ATTEST:
Clerk of the City of Santa Ana
By: _
Dated:
APPROVED AS TO FORM:
By:
City Counsel
CITY OF SAN CLEMENTE
By:
Mayor
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CITY OF SANTA ANA
By:
Mayor