Resolution Number 90-2-6-5077 �
RESOLUTION NO. 90-2-6-5
ADMISSION OF CITY OF LAGUNA NIGUEL TO
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT
NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE
OF POWERS AGREEMENT TO ADMIT THE CITY OF LAGUNA
NIGUEL AS PARTY TO THE AGENCY
WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point,
Irvine, 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 Niguel (the "City") became
effective on December 1, 1989; and,
WHEREAS, it is anticipated that on February 6, 1990, the City shall adopt an
ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with
Section 4.1 of the Agreement; and,
WHEREAS, it is also anticipated that on February 6, 1990, the City shall 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 has requested admission as a party to the Agency; and,
WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent
of the Parties to such Agency, evidenced by execution of a written amendment to the
Agreement by all the Parties, including the City of Laguna Niguel, is required to admit
the City of Laguna Niguel 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 Niguel to participate fully in the
Agency's Board meeting on February 8, 1990, the City of San Juan Capistrano hereby
authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 to the First
Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin
Hills Transportation Corridor Agency, attached by reference as Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 6th day
ofFehrua� , 1990.
ATTEST:
030"211101, -
KOJOW044710 P WMOV =I -
NO
-I-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of ^1
Resolution No. 90-2-6-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
Of February , 1990, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
(SEAL) 2401
MARY ANN N VER, CI I Y CLERK
-2-
AMENDMENT NO. 2
TO THE
FIRST AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
SECTION 1. The Board of the San Joaquin Hills
Transportation Corridor Agency imposed no terms and conditions
upon the participation of the City of Laguna Niguel 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 Dana
Point and the City of Laguna Niguel, 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. 2 to such Agreement, pursuant to Section 9.1, by
and among all of the following public agencies of the 6th day
of February, 1990, the date on which the last of such public
agencies executed this Amendment No. 2 to such Agreement:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
County of Orange
City of Costa Mesa
City of Dana Point
City of Irvine
City of Laguna Niguel
City of Mission Viejo
City of Newport Beach
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
Page 1 of 5 EXHIBIT A
SECTION 3. Section 3.2 hereby is amended to read as
follows:
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 Costa Mesa, Dana Point,
Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San
Clemente, San Juan Capistrano and Santa Ana.
SECTION 4. This Amendment No. 2 can be executed in
any number of counterparts.
ATTEST:
Clerk of the Board of
Supervisors
By:
Dated:
APPROVED AS TO FORM:
By:
County Counsel
ATTEST:
Clerk of the City of
Costa Mesa
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
COUNTY OF ORANGE
By:
Chairman
Board of Supervisors
CITY OF COSTA MESA
By:
Mayor
Page 2 of 5
ATTEST:
Clerk of the City of
Dana Point
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 Niguel
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
CITY OF DANA POINT
92
Mayor
CITY OF IRVINE
By:
Mayor
CITY OF LAGUNA NIGUEL
By:
Mayor
Page 3 of 5
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ATTEST:
Clerk of the City of
Mission Viejo
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
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
CITY OF MISSION VIEJO
By:
Mayor
CITY OF NEWPORT BEACH
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
Page 4 of 5
ATTEST:
Clerk of the City of
San Juan Capistrano
By:
Dated:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
Clerk of the City of
Santa Ana
By:
Dated:
APPROVED AS TO FORM:
Bv:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CITY OF SANTA ANA
By:
Mayor
Page 5 of 5
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