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Resolution Number 91-12-3-4RESOLUTION NO. 91-12-3-4 ADMITTANCE OF THE CITY OF LAGUNA HILLS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AGREEING TO ADMIT THE CITY OF LAGUNA HILLS AS A PARTY TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, 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, the incorporation of the City of Laguna Hills (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. 3 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 this 3rd day Of December ,1991. GIL JONES, MAYOR ATTEST: O -1- 99 s 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. 91-12-3-4 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 JOKNSOCITY CLERK -2- 101 AMENDMENT NO. 3 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 Hills 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 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. 3 to such Agreement: (a) County of Orange (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 Mission Viejo ORI:DLB:257 City of Newport Beach City of San Clemente City of San Juan Capistrano City of Santa Ana _1_ Exhibit A 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 Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, and Santa Ana. ATTEST: Clerk of the Board of Supervisors By: Dated APPROVED AS TO FORM: By: County Counsel ATTEST: Clerk of the City of Dana Point By: Dated APPROVED AS TO FORM: By: City Counsel ORI:DLB:257 COUNTY OF ORANGE By: -2- Chairman Board of Supervisors CITY OF DANA POINT By: Mayor ATTEST: Clerk of the City of Irvine By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Hills By: Dated APPROVED AS TO FORM: By: City Counsel ATTEST: Clerk of the City of Laguna Niguel By: Dated APPROVED AS TO FORM: By: City Counsel CITY OF IRVINE By: Mayor CITY OF LAGUNA HILLS RV• ORI:DLB:257 -3- Mayor CITY OF LAGUNA NIGUEL RV! Mayor 104 11 ATTEST: Clerk of the City of Mission Viejo By: Dated APPROVED AS TO FORM: By: City Counse ATTEST: Clerk of the City of San Clemente By: Dated APPROVED AS TO FORM: By: City Counsel 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 Counsel CITY OF MISSION VIEJO Fav Mayor CITY OF SAN CLEMENTE Av- Mayor CITY OF SAN JUAN CAPISTRANO By: /s/ Gil Jones Mayor ORI:DLB:257 -4- 105 ATTEST: CITY OF SANTA ANA Clerk of the By: City of Santa Ana Mayor By: Dated APPROVED AS TO FORM: By: City Counse ORI:DLB:257 -5-