Resolution Number 89-4-4-3RESOLUTION NO.
OF
89-4-4-3
TO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AGREEING TO ADMIT THE
CITY OF DANA POINT AS A PARTY TO THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
WHEREAS, the County of Orange and the Cities of Costa Mesa, 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 Dana Point (the "City") became
effective on January 1, 1989; and,
WHEREAS, the City has adopted Ordinance No. 89-8, adopting the Major
Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement;
and,
WHEREAS, the City also has adopted Resolution No. 89-31, 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 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, hereby agrees to admit the City as a Party to the Agency, and
authorizes its Mayor to sign and Clerk to attest Amendment No. 1 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 4th day
of April 1989.
GARY HAUSDO FER, MA/OR
ATTEST::]
CITY CLER ' '
-1-
04:
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
Resolution No. 89-4-4-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of April , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland and bIayor Ilausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY N A OVER, CITY CLERK
-2-
AMENDMENT NO. 1
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 Dana Point 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, as of the
17th day of October, 1988, the fust 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. 1. to such
Agreement, pursuant to Section 9.1, by and among all of the following
public agencies as of the _ day of , 1989, 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 Costa Mesa
(c)
City of Dana Point
(d)
City of Irvine
(e)
City of Mission Viejo
(f)
City of Newport Beach
(g)
City of San Clemente
(h)
City of San Juan Capistrano
(i)
City of Santa Ana
EXHIBIT A
Page 1 of 4
044
SECTION 3. Section 3.2 hereby is amended to read as follows:
... 3.2 BOARD.
a. The Board shall consist of the following:
W 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, Newport
Beach, San Clemente, San Juan Capistrano, Mission Viejo and Santa
Ana.
ATTEST: COUNTY OF ORANGE
Clerk of the Board of
Supervisors By:
Chairman
Board of Supervisors
By:_
Dated
APPROVED AS TO FORM:
By: County Counsel
ATTEST: CITY, OF DANA POINT
Clerk of the
City of Dana Point By:
Mayor
By:
Dated
APPROVED AS TO FORM:
By:
City Attorney
EXHIBIT A
Page 2 of 4
ATTEST:
Clerk of the
City of Irvine
By:
Dated
APPROVED AS TO FORM:
B City Attorney
ATTEST:
Clerk of the
City of Mission Viejo
By:
Dated
APPROVED AS TO FORM:
By:
ity Attorney
ATTEST:
Clerk of the
City of San Clemente
By:
Dated
APPROVED AS TO FORM:
By:
City Attorney
CITY OF IRVINE
By:
Mayor
CITY OF MISSION VIEJO
By:
Mayor
CITY OF SAN CLEMENTE
By:
Mayor
EXHIBIT A
Page 3 of 4
Dated
APPROVED AS TO FORM:
By:
City Attorney
EXHIBIT A
Page 4 of 4
46ATT046-
EST:
ATTEST:
CITY OF SAN JUAN CAPISTRANO
Clerk of the
City of San Juan Capistrano
By:
Mayor
By:
Dated
APPROVED AS TO FORM:
BCity
City Attorney
ATTEST:
CITY OF SANTA ANA
Clerk of the
City of Santa Ana
Mayor
%
Dated
APPROVED AS TO FORM:
By:
City Attorney
EXHIBIT A
Page 4 of 4