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Resolution Number 92-1-7-1_t. RESOLUTION NO. 92-1-7-1 APPROVING ADDITION OF CITY OF DANA POINT TO FOOTHILL EASTERN TRANSPORTATION CORRIDOR AGENCY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ADDITION OF THE CITY OF DANA POINT AS PART OF THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange, and the Cities of Anaheim, Irvine, Lake Forest, 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 "Joint Powers Agreement" and the "Agency"), which Agreement became effective on October 21, 1988; and, WHEREAS, the City of Dana Point (the "City") intends to adopt an Ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section4.1 of the Joint Powers Agreement; and, WHEREAS, the City intends to adopt a Resolution, establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 41. of the Joint Powers Agreement; and, WHEREAS, the City has requested admission as a party to the Agency; and, WHEREAS, Section 9.1 of the Joint Powers Agreement provides that the unanimous consent of each existing party to the Agency and City 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 of Dana Point as a party to the Agency and authorizes its Mayor to sign and the Clerk to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, attached hereto. PASSED, APPROVED, AND ADOPTED this 7th day of January , 1992. z t' Glt JONES, MAYOR" ATTEST: CITY CLER -1- I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 92-1-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day Of- January , 1992, by the following vote: AYES: Councilmen Friess, llausdorfer, Harris, Vasquez and Mayor .Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY CLERK -2- AMENDMENT NO. 2 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 Dana Point 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, the City of Lake Forest and the City of Dana Point, 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 ry this Amendment No. 2 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. 2 to such Agreement: (a) County of Orange (b) City of Anaheim (c) City of Dana Point (d) City of Irvine (e) City of Lake Forest (f) City of Mission Viejo (g) City of Orange (h) City of San Clemente (i) City of San Juan Capistrano (j) City of Santa Ana (k) City of Tustin (1) City of Yorba Linda ORI:DLB:239 follows: SECTION 3. Section 3.2 hereby is amended to read as 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 Anaheim, Dana Point, 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 SUPERV?SORS By: _ Dated: APPROVED AS TO FORM: By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM By: _ Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ORI:DLB:239 CHAIRMAN BOARD OF SUPERVISORS CITY OF ANAHEIM By: MAYOR ATTEST: CLERK OF THE CITY OF CITY OF DANA POINT DANA POINT Rv• Dated: APPROVED AS TO FORM: By: By: CITY DANA POINT ATTEST: CLERK OF THE CITY OF CITY OF IRVINE IRVINE By: Dated: APPROVED AS TO FORM: By: MAYOR MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF LAKE FOREST LAKE FOREST By: By: Dated: MAYOR APPROVED AS TO FORM: By: CITY ATTORNEY ORI:DLB:239 1` -,ti . .1 ATTEST: CLERK OF THE CITY OF MISSION VIEJO Rv- Dated: APPROVED AS TO FORM: Rvc CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE Rv- Dated: APPROVED AS TO FORM: Rv- CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN CLEMENTE Rv- Dated: APPROVED AS TO FORM: By: CITY ATTORNEY ORI:DLB:239 CITY OF MISSION VIEJO By: CITY OF ORANGE By: �e� MAYOR CITY OF SAN CLEMENTE By: MAYOR ATTEST: CLERK OF THE CITY OF CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO By: /s/ Cheryl Johnson By: /s/ Gil Jones Dated: january 1992 G11, IONFS, MAYOR APPROVED AS TO FORM: By: /s/ Thomas P. Clark, .Jr. CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF SANTA ANA SANTA ANA ev• Dated: APPROVED AS TO FORM: By: By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF CITY OF TUSTIN TUSTIN MAYOR By: By: Dated: MAYOR APPROVED AS TO FORM: By: CITY ATTORNEY ORI:DLB:239 ATTEST: CLERK OF THE CITY OF YORBA LINDA By: _ Dated: APPROVED AS TO FORM: By: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY ORI:DLB:273 ORI:DLB:239 CITY OF YORBA LINDA By: MAYOR