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
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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
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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
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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