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HomeMy WebLinkAbout90-16 - San Joaquin Hills Transportation CorridorRESOLUTION NO. 90 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE ADMISSION OF THE CITY OF LAGUNA NIGUEL TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, 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 Laguna Niguel (the "City ") became effective on December 1, 1989; and WHEREAS, it is anticipated that on February 6, 1990, the City shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, it is also anticipated that on February 6, 1990, the City shall adopt a resolution 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 9.1 of the Agreement provides that the unanimous consent of the Parties to such Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Niguel, is required to admit the City of Laguna Niguel as a Party. NOW, THEREFORE, in anticipation of the events recited above, and in order to enable the City of Laguna Niguel to participate fully in the Agency's Board meeting on February 8, 1990, the City of Newport Beach hereby authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 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 12th day of February ,1990 CITY CLERK Wanda E. Raggio „W EXHIBIT "A" AMENDMENT NO. 2 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 Laguna Niguel 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 and the City of Laguna Niguel, 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. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies of the 6th day of February, 1990, the date on which the last of such public agencies executed this Amendment No. 2 to such Agreement: (a) Coun (b) City (c) City (d) City (e) City (f) City (g) City (h) City (i) City (j) City =y of of of of of of of of of if Orange Costa Mesa Dana Point Irvine Laguna Niguel Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana Page 1 of 5 1. 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, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number of counterparts. ATTEST: Clerk of the Board of Supervisors By: Dated: APPROVED AS TO FORM: By: County Counsel ATTEST: Clerk of the City of Costa Mesa By: Dated: APPROVED AS TO FORM: By: City Attorney COUNTY OF ORANGE By: Chairman Board of Supervisors CITY OF COSTA MESA am Mayor Page 2 of 5 -1 ATTEST: Clerk of the City of Dana Point 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 Niguel By: Dated: APPROVED AS TO FORM: By: City Attorney CITY OF DANA POINT Um Mayor CITY OF IRVINE By: Mayor CITY OF LAGUNA NIGUEL By: Mayor Page 3 of 5 F3 • ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Attorney 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 CITY OF MISSION VIEJO By: Mayor CITY OF NEWPORT BEACH By: Mayor CITY OF SAN CLEMENTE uz Mayor Page 4 of 5 zi ATTEST: Clerk of the City of San Juan Capistrano • Da Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Santa Ana By: Dated: APPROVED AS TO FORM: By: City Attorney CITY OF SAN JUAN CAPISTRANO By: Mayor CITY OF SANTA ANA La Mayor Page 5 of 5 U