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Resolution Number 99-10-5-2RESOLUTION NO. 99-10-5-2 INCLUSION OF CITY OF LAGUNA WOODS IN SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE INCLUSION OF THE CITY OF LAGUNA WOODS IN 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, 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, at a public hearing on May 5, 1999, the City of 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, the City of Laguna Woods 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 of the agreement; 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 Laguna Woods, is required to admit the City of Laguna Woods as a Party. NOW, THEREFORE, BE IT RESOLVED, that 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 Council of the City of San Juan Capistrano does hereby authorize 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 hereto as Exhibit "A." PASSED, APPROVED, AND ADOPTED October '1999. ATTEST: CITY CLERK -1- MAYOR 5th day of 393 394 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-10-5-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of October 1999, by the following vote: AYES: Council Members Jones, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: Council Member Swerdlin (SEAL) CHERYL JOHY80M. CITY CLERK -2- 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 Supervisors 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 Sections 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, 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. 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 Orangc (5th District) (k) City of San Clemente Agrcemcni #99-021 Exhibd eq 395 396 (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 Cosh 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 Supervisors Dated: APPROVED AS TO FORM: County Counsel Agiecment 1199-021 COUNTY OF ORANGE By: Chairman Board of Supervisors 397 ATTEST: CITY OF COSTA MESA Clerk of the City of Costa Mesa By: Mayor By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: COUNTY OF IRVINE Clerk of the City of Irvine By: Mayor By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF LAGUNA HILLS Clerk of the City of Laguna Hills By: __ Mayor By: Dated: APPROVED AS TO FORM: lay' --- --- -- - City Attorney Atrca110111 1,99-021 3 398 ATTEST: Clerk of the City of Laguna Niguel BY: Dated: APPROVED AS TO FORM: Bv: City Attorney ATTEST: Clerk of the City f Laguna Woods By: D ed - APPROVERS TO FORM: By: &y{, City Attomey ATTEST: Clerk of the City of Mission Viejo By. Dated: APPROVED AS TO FORM: By: City Attorney CITY OF LAGUNA NIGUEL Bv: Mayor CITY OF :0 •�� _ _k Jvp-h. , p. 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 Bv: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Juan Capistrano By: — Dated: 10/5/99 _ APPROVED AS TO FORM: BV: City Attorney A o.rrcn i cnl N99-0 _' I CITY OF NEWPORT BEACH By: Mayor CITY OF SAN CLEMENTE By: Mayor CITY OF SAN JUAN CAPISTRANO By: Mayor John Greiner 399 ATTEST: CITY OF SANTA ANA Clerk of the City of Santa Ana By: Mayor 0 Dated: APPROVED AS TO FORM: L•32 City Attorney ASYccincnt 099 021