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Resolution Number 91-12-3-3RESOLUTION NO. 91-12-3-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AGREEING TO ADMIT THE CITY OF LAKE FOREST AS A PARTY TO THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Anaheim, Irvine, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency (the "Agreement" and the "Agency"), which Agreement became effective on October 17, 1988; and, WHEREAS, the incorporation of the City of Lake Forest (the "City") will become effective on December 20, 1991; and, WHEREAS, the City intends to adopt an Ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and, WHEREAS, the City also intends to 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 Council -elect has requested admission as a party to the Agency;and, WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby agree to admit the City as a Party to the Agency, and authorizes its Mayor to sign and the Clerk of the City of San Juan Capistrano to attest Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTED this of December , 1991. ATTEST: i -1- 3rd GIL JONES, day 91 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. 91-12-3-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day Of December , 1991, by the following vote: AYES: Councilmen Friess, Hausdorfer, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY L( CLERK -2- AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill/Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Lake Forest as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill/Eastern 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 cost 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 Mission Viejo and the City of Lake Forest, as of the 21st 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 Foothill/Eastern Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the _ day of , 1991, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) County of Orange (b) City of Anaheim (c) City of Irvine (d) City of Lake Forest (e) City of Mission Viejo (f) City of Orange (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Ana (j) City of Tustin (k) City of Yorba Linda SECTION 3. Section 3.2 hereby is amended to read as follows: . . . 3.2 BOARD. a. The Board shall consist of the following: 1. Exhibit A (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 Anaheim, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD COUNTY OF ORANGE OF SUPERVISORS By: _ Dated: APPROVED AS TO FORM: By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM Rv- Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF IRVINE Rv! Dated: APPROVED AS TO FORM: Rv• CITY ATTORNEY 2. CHAIRMAN BOARD OF SUPERVISORS CITY OF ANAHEIM By: CITY OF IRVINE By: MAYOR MAYOR ATTEST: CLERK OF THE CITY OF LAKE FOREST Bv: Dated: APPROVED AS TO FORM: CITY OF LAKE FOREST By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF MISSION VIEJO MISSION VIEJO By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE Bv• Dated: APPROVED AS TO FORM: Bv• CITY ATTORNEY 3. By: CITY OF ORANGE By: MAYOR MAYOR am 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: Cheryl Johnson, City Clerk Dated:December 3, 1991 APPROVED AS TO FORM: By: /s/ Thomas P. Clark CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA Bv• Dated: APPROVED AS TO FORM: By: CITY ATTORNEY 4. CITY OF SAN CLEMENTE By: FVT. ms - CITY OF SAN JUAN CAPISTRANO By: /s/ Gil Jones MAYOR CITY OF SANTA ANA By: ATTEST: CLERK OF THE CITY OF CITY OF TUSTIN TUSTIN By: Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA By: _ Dated: APPROVED AS TO FORM: Bv: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY OR1:DLB:264/3 5. By: MAYOR CITY OF YORBA LINDA By: rwf;%` of 7