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AGREEMENT
"GOLD LINE PHASE II CONSTRUCTION AUTHORITY"
(A JOINT POWERS AUTHORITY)
This Agreement ("Agreement ") is made and entered into by and between the public
entities whose names are set forth in Exhibit A, attached hereto and incorporated herein by this
reference, and who have approved and executed this Agreement (each a "Member" and
collectively, "Members"), pursuant to Section 6500 et seq. of the Government Code and other
applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the
following facts:
a. The Pasadena Metro Blue Line Construction Authority (the "Blue Line
Construction Authority") was formed in accordance with Public Utilities Code Section 132400 et
seq. and was created for the purpose of awarding and overseeing all design and construction
contracts for the completion of the Los Angeles- Pasadena Metro Blue Line light rail project;
b. As defined by Section 132400(e) of the Public Utilities Code, the Los
Angeles - Pasadena Metro Blue Line light rail project extends from Union Station in the City of
Los Angeles to Sierra Madre Villa Avenue in the City of Pasadena and also includes any mass
transit guideway that may be planned extending further eastward along the rail right -of -way to
the City of Claremont;
C. The Blue Line Construction Authority also has all of the powers necessary
for planning, acquiring, owning, controlling, using, jointly using, disposing of, designing,
procuring and building the Los Angeles- Pasadena Metro Blue Line light rail project;
d. The Los Angeles- Pasadena Metro Blue Line has been renamed the Gold
Line by the Los Angeles County Metropolitan Transportation Authority (the " LACMTA') to
avoid confusion with other commuter lines in the Los Angeles metropolitan area and the
extension of this light :ail line from Pasadena to Claremont has been identified as the Gold Line
Phase H light rail project (the "Gold Line Phase H ");
e. The Gold Line light rail project between Union Station and Sierra Madre
Villa Avenue in Pasadena (the "Gold Line Phase I") has been constructed and the LACMTA
expects it to be operational in the summer of 2003. The cities of Azusa, Claremont, Duarte,
Glendora, Arcadia, Laverne, Irwindale, Pomona, San Dimas, Monrovia, and Pasadena (each a
"Phase R City" and collectively the "Phase H Cities ") in concert with the San Gabriel Valley
Council of Goverrnnents (the "SGVCOG ") and the Blue Line Construction Authority have
begun the initial planning for the Gold Line Phase R;
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f It is anticipated that the Gold Line Phase II, once completely operational,
will, with the concurrence of the respective city councils, include at least one stop in the cities of
Azusa, Claremont, Duarte, Glendora, Arcadia, LaVeme, Irwindale, Pomona, San Dimas, and
Monrovia and the existing Gold Line stop at Sierra Madre Villa Avenue �h City Phase laden
will serve as the starting point for the Gold Line Phase II, thus providing planned
City with at least one stop along the Gold Line Phase H.
g. The public interest requires the formation of a single joint powers agency
to represent the interests of the members of the Blue Line Construction Authority and the Phase
H Cities as the project is planned, funded, designed and constructed;
h. The public interest requires that an agency that is created to support and
participate in the planning, designing and construction of the Gold Line Phase II have the
authority to enter into cooperative agreements with the Blue Line Construction Authority under
which said agency could assume certain rights and responsibilities, in all or in part, that are
necessary to ensure the funding for and the timely planning, design and construction of the Gold
Line Phase II;
i. The public interest requires that each Member of an agency with the
aforementioned goals be a governmental entity established by law with full powers of
government in legislative, administrative, financial, and other related fields;
j. The public interest requires that each Member of an agency with the
aforementioned goals determine by and through its legislative body that cooperation and
coordination among the Phase II Cities and with the Blue Line Construction Authority and its
members is required in furtherance of the public interest, necessity and convenience; and
k. The public interest requires that each Member, by and through its
legislative body, has independently determined that the public interest, convenience and
necessity requires the execution of this Agreement by and on behalf of each such Member.
Section 2. Creation of Separate Legal Entity. It is the intention of the Members to
create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5
of the Government Code. Accordingly, there is hereby created a separate legal entity that shall
exercise its powers in accordance with the provisions of this Agreement and applicable law.
Section 3. Name. The name of said separate legal entity shall be the Gold Line
Phase H Construction Authority (the "Authority ").
Section 4. Purpose and Powers of the Authority.
a. Purpose of Authority. The purpose of the creation of the Authority is to
enable the Members to participate as fully as is necessary and appropriate in the planning,
funding, design and construction of the Gold Line Phase II. It is the clear intent of the Members
that the Authority not possess any power to operate the Gold Line Phase H or to maintain it after
construction is completed and these responsibilities shall instead be the responsibility of the
LACMTA. It is also the clear intent of the Members of the Authority to work closely with the
Blue Line Construction Authority to promote efficiency of management of Gold Line Phase II,
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to achieve cost efficiencies and to avoid overlapping activities, all while ensuring the rapid
completion of the Gold Line Phase IL The goal and intent of the Authority is one of cooperation
among Members in support of the funding, planning, design and construction of the Gold Line
Phase II.
b, Powers. The Authority shall have, and may exercise, the following
powers solely or in concert with the Blue Line Construction Authority, as may be appropriate:
(1) Serve as an advocate in representing the Members of the Authority
at the regional, state and federal levels on issues of importance to
the Gold Line Phase II;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of policies and plans in connection with the
Gold Line Phase II;
(3) Address issues of concern to the Members, collectively and
individually;
(4) Utilize Member resources or presently existing single purpose
public and public /private groups to carry out its programs and
projects;
(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action;
(6) Enter into memoranda of understanding, cooperative agreements,
and/or a joint powers agreement with the Blue Line Construction
Authority and/or the LACMTA to enable the Authority, as
necessary, to coordinate, oversee, and/or participate in the funding,
planning, design and construction of the Gold Line Phase II;
(7) Build a consensus among the Members to address issues, strategies
and policies in connection with the Gold Line Phase II;
(8) Facilitate and coordinate actiV-Lties for obtaining state, federal and
regional grants in support of the Gold Line Phase II;
(9) Make and enter into contracts, including contracts for the services
of engineers, cow contractors, planners, attorneys and
single purpose public —r-L- groups;
(10) Employ agents, officers and employees;
(11) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
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(12) Lease, manage, maintain, and operate any buildings, works, or
improvements, except that the LACMTA shall be solely
responsible for the operation of the Gold Line Phase II and the
maintenance of same after construction is complete;
(13) Delegate some or all of its powers to an Executive Director as
hereinafter provided;
(14) Acquire, through purchase or through eminent domain
proceedings, and dispose of, through sale, transfer or any other
lawful means, any property necessary for, incidental to, or
convenient for, the exercise of the powers of the Authority;
(15) Incur indebtedness and/or issue bonds, secured solely by pledges
of funds to be available for the design and construction of the Gold
Line Phase II; provided, however, that any borrowings authorized
hereunder shall be subject to Section 17 of this Agreement;
(16) Contract with public and private entities for the planning, design,
and construction of the Gold Line Phase 11;
(17) Enter into cooperative or joint development agreements with local
governments or private entities for any purpose that is necessary
for, incidental to, or convenient for the full exercise of powers
granted to the Authority;
(18) Relocate or provide for the relocation of utilities as necessary for
the completion of the Gold Line Phase II;
(19) Exercise any implied power necessary to exercise the express
powers provided for in this Section 4.
C. Exercise of Powers. The Authority shall have all implied powers
necessary to perform its functions. It shall exercise its powers only in a manner consistent with
the provisions of applicable law, this Agreement and the Bylaws. For the purpose of
determining the powers of and the restrictions to be imposed on the Authority in its manner of
exercising its powers pursuant to Government Code section 6509, it is understood and agreed by
the Members that the Authority shall have any powers and observe any restrictions imposed
upon the City of Claremont.
Section 5. Creation of Governing Board. There is hereby created a Governing Board
for the Authority ( "Governing Board's to conduct the affairs of the Authority. The Governing
Board shall be constituted as follows:
a. Designation of Governing Board Representatives. One person shall be
designated as a voting representative to the Governing Board by the legislative body of each of
the Members ( "Governing Board Representative ").
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b. Designation of Alternate Governing Board Representatives. One person
shall be designated as an alternate voting representative to the Governing Board by the
legislative body of each of the Members (" Alternate Governing Board Representative").
C. Eligibility. Each Governing Board Representative and Alternate
Governing Board Representative shall serve at the pleasure of his/her legislative body and shall
have a term of not more than four years from the date each is first designated by his/her
legislative body. There shall be no limit on the number of terms that may be served by any
person. Except with regard to the LACMTA and the SGVCOG, no person shall be eligible to
serve as a Governing Board Representative or an Alternate Governing Board Representative
unless that person is, at all times during the tenure of that person as a Governing Board
Representative or Alternate Governing Board Representative, a member of the legislative body
of his/her appointing Member. Should any Governing Board Representative or Alternate
Governing Board Representative fail to maintain the status as required by this Section 5, that
person's position on the Governing Board shall be deemed vacated as of the date such person
ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to
appoint a qualified replacement -
d. LACMTA and SGVCOG Representatives. The eligibility requirements for
the LACMTA Representative and the LACMTA Alternate Representative shall be as determined
by the LACMTA except that neither one may be an employee of the LACMTA. The eligibility
requirements for the SGVCOG Representative and the SGVCOG Alternate Representative shall
be as determined by the SGVCOG, except that neither one may be an employee of the
SGVCOG.
e. Compensation. Each Governing Board Representative (or Alternate
Governing Board Representative when acting in the absence of the Governing Board
Representative) may be compensated at a rate of not more than one hundred fifty dollars
($150.00) per regular meeting, adjourned regular meeting or special meeting of the Authority
plus expenses if compensation and payment of expenses are authorized by the Governing Board.
Compensation shall not exceed one thousand eight hundred dollars ($1,800.00) per year per
Member, plus expenses directly related to the performance of duties imposed by the Authority.
Section 6. Use of Public Funds and Property. The Authority shall be empowered to
utilize for its purposes public and/or private funds, property and other resources received from
the Members and/or from other sources. Where applicable, the Governing Board of the
Authority may permit one or more of the Members to provide in kind services, including the use
of property, in lieu of devoting cash to the funding of the Authority's activities.
Section 7. Functioning of Governing Board.
a. Voting and Participation. Each voting Member may cast only one vote for
each action item before the Governing Board through its representatives. An Alternate
Governing Board Representative may participate or vote in the proceedings of the Governing
Board only in the absence of that Member's Governing Board Representative. A Governing
Board Representative or Alternate Governing Board Representative seated on the Governing
Board shall be entitled to participate and vote on matters pending before the Governing Board
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only if such person is physically present at the meeting of the Governing Board and if the
Member which that Governing Board Representative or Alternate Governing Board
Representative represents has timely and fully paid dues as required by Section 29 of this
Agreement or has cured any failure to timely and fully pay dues in accordance with Section 29 d.
of this Agreement.
b. Proxv Voting. No absentee or proxy voting shall be permitted.
c, 0 uorum. A quorum of the Governing Board shall consist of not less than
a majority of its total voting membership.
d. Committees. As needed, the Governing Board may create permanent or
ad hoc advisory committees to give advice to the Governing Board on such matters as may be
referred to such committees by the Governing Board. All committees shall have a stated purpose
before they are formed. All such committees shall remain in existence until they are dissolved
by the Governing Board. Qualified persons shall be appointed to such committees by the
pleasure of the Governing Board. Committees, unless otherwise provided by law, this
Agreement, the Bylaws or by direction of the Governing Board, may be composed of Governing
Board Representatives and individuals who are not Governing Board Representatives. A quorum
of any such committee shall be one third (1/3) of its membership and all meetings of any such
committee shall be held in accordance with the Ralph M. Brown Act (Government Code Section
54950 et seq.).
e. Actions. Actions taken by the Governing Board shall be by an affirmative
vote of not less than a majority of the Governing Board Representatives who are present with a
quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by
direction of the Governing Board, a higher number of votes is required to carry a particular
motion.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed,
for all purposes, the policy malting body of the Authority. All of the powers of the Authority,
except as may be expressly delegated to others pursuant to the provisions of applicable law, this
Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and
through the Governing Board.
Section 9. Roberts Rules of Order.' The substance of Roberts Rules of Order shall
apply to the proceedings of the Governing Board, except as may otherwise be provided by
provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing
Board.
Section 10. Meetings of Governing Board. The Governing Board shall, by means of
the adoption of Bylaws, establish the dates and times of regular meetings of the Governing
Board. The location of each such meeting shall be as directed by the Governing Board.
Section 11. Election of Chairperson and Vice- Chaimerson. The Chairperson of the
Governing Board shall conduct all meetings of the Governing Board and perform such other
duties and functions as required of such person by provisions of applicable law, this Agreement,
the Bylaws or by the direction of the Governing Board. The Vice - Chairperson shall serve as
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Chairperson in the absence of the Chairperson and shall perform such duties as may be required
by provisions of applicable lap-, this Agreement, the Bylaws, or by the direction of the
Governing Board or the Chairperson.
At the first regular meeting of the Governing Board, a Governing Board Representative
shall be elected to the position of Chairperson by the Governing Board, and a different
Governing Board Representative shall be elected Vice - Chairperson of the Governing Board each
by a vote of a majority of the total voting membership of the Governing Board. The terms of
office of the Chairperson and Vice- Chairperson elected at the first regular meeting of the
Governing Board shall expire on the following July 1. Thereafter, a Governing Board
Representative shall be elected to the position of Chairperson of the Governing Board, and a
different Governing Board Representative shall be elected to the position of Vice - Chairperson of
the Governing Board, each by a vote of a majority of the total voting membership of the
Governing Board, at the first regular meeting of the Governing Board held in May of each
calendar year. The terms of office of the Chairperson and Vice - Chairperson shall commence and
expire on July 1.
If there is a vacancy, for any reason, in the position of Chairperson or Vice - Chairperson,
the Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired
term of such prior incumbent.
Section 12. Executive Director. The Governing Board may appoint by a vote of the
majority of its total voting membership a qualified person to be Executive Director ("Executive
Director ") on any basis it desires including, but not limited to, a contract or employee basis. The
Executive Director shall be neither a Governing Board Representative, nor an Alternate
Governing Board Representative, nor an elected official of any Eligible Public Entity listed in
Exhibit A, nor an Ex Officio Representative, but the Executive Director may be an employee of
or be under contract to the Blue Line Construction Authority and, subject to the approval of the
Governing Board, may concurrently remain in the employ of or under contract to the Blue Line
Construction Authority. The Executive Director shall be the chief executive officer of the
Authority. The Executive Director shall serve at the pleasure of the Governing Board and may
be relieved from such position at any time, with or without cause, by a vote of the majority of the
total voting membership of the Governing Board taken at a regular, adjourned regular or special
meeting of the Governing Board.. The Executive Director shall perform such duties as may be
imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, the
Administrative Code or by the direction of the Governing Board. The compensation, if any, of a
person holding the office of Executive Director shall be set by the Governing Board.
Section 13. Desienarion of Treasurer and Chief Financial Officer. The Governing
Board shall, in accordance with applicable law, designate a single, qualified person to act as the
Treasurer and Chief Financial Orncer ( "Chief Financial Officer's of the Authority. The Chief
Financial Officer may be an employee of or be under contract to the Blue Line Construction
Authority and, subject to the approval of the Governing Board, may concurrently remain in the
employ of or under contract to the Blue Line Construction Authority. The compensation, if any,
of the Chief Financial Officer shall be set by the Governing Board. The Chief Financial Officer
of the Authority shall have charge of the depositing and custody of all funds held by the
Authority. The Chief Financial Officer shall perform such other duties as may be imposed by
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provisions of applicable law, including those duties described in Section 6505.5 of the
Government Code, and such duties as may be required by the Governing Board.
Section 14. Selection and Responsibilities of Auditor. The Governing Board shall, in
accordance with all applicable law and its own procurement policies, select an independent
auditor to perform such functions as may be required by provisions of applicable law, this
Agreement, the Bylaws and by the direction of the Governing Board. The compensation of the
Authority's Auditor shall be set by the Governing Board.
Section 15. Other Officers and Employees. The Governing Board may direct the
employment of such other officers or employees as it deems appropriate and necessary to
conduct the affairs of the Authority.
Section 16. Advisory Committee. The Governing Board shall establish an Advisory
Committee (the "Committee ") at its first meeting. The Committee shall be established for the
purpose of making recommendations to the Governing Board and shall be comprised of one city
manager (or person holding the equivalent position, which position differs only in title), or that
city manager's designee, from each current voting Member; except that, the SGVCOG's and the
LACMTA's representatives shall each be of the SGVCOG's and the LACMTA's own choosing,
respectively. Each current voting Member shall designate its representative to the Committee by
a letter from the Member to the Governing Board and each representative shall serve at the
pleasure of his/her legislative body. The Chairman of the Committee shall be a representative of
a current voting Member who is elected by a majority vote of the total membership of the
Committee. The Chairman shall serve a term of one year and may be re- elected to the position.
The Chairman shall sit as an Ex Officio Representative of the Governing Board. A quorum of the
Committee shall be one -third (1/3) of its membership. All meetings of the Committee shall be
held in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.)
Section 17. Obligations of Authority. To the extent allowed by law, the debts,
contract liabilities and obligations of the Authority shall be the debts, contract liabilities or
obligations of the Authority alone. Further, and also to the extent allowed by law, no Member of
the Authority shall be responsible, directly or indirectly, for any obligation, debt or contract
liability of the Authority.
Section 18. Liability Insurance and Indemnity.
a. Liability Insurance. The Authority shall obtain adequate inO3rnce
coverage for all of its activities and include in any insurance policies as additional named
insureds the Members of the Authority, the Blue Line Construction Authority, and the boards,
officers, directors, agents and employees of each of these entities. Further, the Authority shall
require that parties with whom the Authority contracts agree to defend, hold ha-s—, and
indemnify the Authority, the Members of the Authority, the Blue Line Construction Authority,
and the boards, officers, directors, agents and employees of each of these entities.
b. Indemnity. The Authority shall defend, indemnify and hold harmless
Governing Board Representatives; Alternate Governing Board Representatives; committee
representatives, officers, officials and employees of the Authority; Members; the Blue Line
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Construction Authority; and the boards, officers, officials and employees of the Members and
the Blue Line Construction Authority from and against all claims or actions brought in
connection with or arising from the acts or omissions of the Authority or acts undertaken on
behalf of the Authority.
Section 19. Control and Investment of Authoritv Funds. The Governing Board shall
adopt a policy for the control and investment of its funds and shall require strict compliance with
such policy. The policy shall comply, in all respects, with all provisions of applicable law.
Section 20. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an implementation agreement with the Authority for the purpose
of authorizing the Authority to implement, manage and administer programs in the interest of the
affected Members and the local public welfare. The costs incurred by the Authority in
implementing a program, including indirect costs, shall be assessed only to those Members who
are parties to that implementation agreement.
Section 21. Agreements with LACMTA and the Blue Line Construction Authority.
a. Assets. The Authority shall enter into agreements with the LACMTA and
the Blue Line Construction Authority, as appropriate, regarding the manner of ownership and
other requirements relating to all real and personal property and any other assets that are
accumulated in the planning, design and construction of the Gold Line Phase II, including, but
not limited to, rights -of -way, documents, third -party agreements, contracts and design
documents.
b. Roles and Responsibilities. The Authority shall enter into a memorandum
of understanding with the LACMTA and/or the Blue Line Construction Authority addressing the
roles and responsibilities of the Authority, the LACMTA and the Blue Line Construction
Authority in connection with the Gold Line Phase II. It is the intention of the Members that any
memorandum of understanding between the Authority and the Blue Line Construction Authority
and/or the LACMTA shall provide that the Authority shall be given all appropriate authority and
responsibility for the planning, design and construction of the Gold Line Phase II that can be
delegated to or assumed by the Authority under existing law. Any such memorandum of
understanding shall also indicate, to the extent allowed by lave, that the Authority shall have the
right to recommend all actions to be taken in connection with any authority or responsibility that
the Blue Line Construction Authority may retain regarding the Gold Line Phase II and the Blue
Line Construction Authority may accept or reject but not modify any such recommended actions.
Finally, any such memorandum of understanding shall also clearly state that the Authority shall
have no responsibility for and no rights, duties or authority rc_ar&mg the Gold Line Phase I.
Section 22. Prohibition against Encumbrances. The Athority shall not encumber any
future fare box revenue that is anticipated from the Gold Line Phase IL Further, the Authority
shall not encumber the Gold Line Phase II with any obligation that is transferable to the
LACMTA or the Blue Line Construction Authority without their written approval. The
responsibilities of the Authority do not extend to the procurement of rolling stock for the Gold
Line Phase II, which is a component of the operation of the project and which is to be
administered by the LACMTA.
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Section 23. Term. Unless extended by written agreement of all of the Members or
terminamd by written agreement of all the Members ("Unanimous Termination"), the Authority
created pursuant to this Agreement shall continue in existence for a period of fifteen (15) years
from the Effective Date of this Agreement as determined in accordance with Section 32;
however, this Agreement may be terminated early by an affirmative vote of not less than sixty
percent (60%) plus one (1) of the then total voting membership of the Governing Board ("Early
Termination'. Early Termination may occur only after one or more of the following: (a) a
failure on the part of all of the eligible public entities whose names are set forth on Exhibit A to
this Agreement ( "Eligible Public Entities ") to adopt this Agreement by majority vote of their
respective legislative bodies within one hundred eighty (180) days of the Effective Date of this
Am-=ment; (b) a determination by the Governing Board, no earlier than four (4) years from the
Effective Date of this Agreement, indicating that sufficient funds will not be available to
complete the Gold Line Phase 11 in a reasonable period, or (c) the completion of the Gold Line
Phase IL In the event of Unanimous Termination or a vote in favor of Early Termination of this
Agreement, the Governing Board shall ensure that a proper and orderly wrapping up of all of the
activities, responsibilities and obligations of the Authority will occur. In the event of Unanimous
Termination or a vote in favor of Early Termination, the Executive Director shall thereafter
recommend and the Governing Board shall approve the extent to which construction activities
shall be completed before this Agreement is terminated.
Section 24. Application of Laws to Authority Functions. The Authority shall comply
with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M.
Brown Act. (Section 54950 et seq., of the Government Code).
Section 25. Administrative Code.
a. Adoetion. Not later than sixty (60) days after the Effective Date of this
Agreement as described in Section 32, the Authority shall adopt those sections of the Blue Line
Construction Authority Administrative Code that are applicable to the Gold Line Phase II and
that are in accord with all applicable laws including but not limited to contracting and
procurement laws, laws relating to contracting goals for minority and women businesses, and the
Political Reform Act of 1974 (Section 81000 et se q- of the Government Code).
b. Code of Conduct. The administrative code shall include a code of conduct
for employees and Governing Board Representatives and Alternate Governing Board
Representatives.
Section 26. Members.
a. Withdrawal not Permitted. A Member may not withdraw from the
. thar"iy and shall each year be responsible for any Annual Dues, as defined in Section 29 c. of
this Agreement and for its annual share of any and all obligations, liabilities or costs that are the
responsibility of the Authority. A Member's share in the obligations, liabilities and costs of the
Authority shall be calculated in proportion to the obligation of the Member to participate in the
funding of the Authority.
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b. Admittiniz Elivible Public Entities on or before September 2.2003.
Eligible Public Entities who: 1) adopt this Agreement by majority vote of their respective _
legislative bodies and 2) properly sign this Agreement on or before September 2, 2003, shall be
admitted to the Authority on the effective date of this Agreement, as defined in Section 32.
C. Admitting Eligible Public Entities after September 2, 2003. Eligible
Public Entities who: (1) adopt this Agreement by majority vote of their respective legislative
bodies and (2) properly sign this Agreement after September 2, 2003, shall be admitted to the
Authority after payment of any past Initial Dues and Annual Dues, as both are defined in Section
29, and interest that is calculated from September 3, 2003, compounded monthly and determined
using a rate that is approved by the Governing Board.
Section 27. Interference with Function of Members. The Governing Board shall not
take any action that constitutes an interference with the exercise of lawful powers by a Member
of the Authority.
Section 28. Schedule. The Authority shall make reasonable progress toward the
completion of the Gold Line Phase II and shall proceed in accordance with any timetable for the
Gold Line Phase II or any portion thereof that is now or is subsequently identified in the State
Transportation Improvement Program.
Section 29. Dues of Members.
a. Payment of Dues. Each Phase II City that is a Member of the Authority
shall have an obligation to participate in the funding of the Authority and shall be responsible for
the payment to the Authority of dues. The LACMTA, the SGVCOG and the cities of South
Pasadena and Los Angeles shall not be required to pay dues and shall not have any obligation to
participate in the funding of the Authority, but shall, in good faith, provide assistance and
support to the Authority. Further, the SGVCOG shall provide in kind services equal in value to
the Initial Dues and the Annual Dues.
b. Initial Dues. The initial dues shall be thirty-one Thousand Four Hundred
forty-five Dollars ($31,445.00) for every Phase II City that is a Member (the "Initial Dues") and
the Initial Dues shall be due and payable to the Authority on October 1, 2003.
C. Annual Dues. In March'of 2004, and in each March thereafter, the Phase
II Cities shall determine the Annual Dues, which shall be the same for each Phase II City that is a
Member, except that if one or more additional stops for the Gold Line Phase II has been
authorized, the Phase II Cities may approve, by an affirmative vote of sixty percent (60 %) plus
one (1) of the Phase II Cities that are voting Members of the Authority, an adjustment to the
Annual Dues of one or more Phase II Cities that takes into consideration the location of the
additional stop(s) and the Phase II City (is) that will benefit therefrom. The annual dues (the
"Annual Dues ") shall be due on July 1 of each year, starting in 2004. The Phase II Cities shall
determine the Annual Dues after considering the recommendation of the Committee, which
recommendation shall be based upon the estimated operating costs of the Authority and the
projected costs of the Gold Line Phase II, both for the following year. An increase in Annual
Dues of no more than five percent (5 %) from the previous year may be approved by an
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affirmative vote of a majority of the Phase II Cities that are current voting Members of the
Authority. An increase in Annual Dues by more than five percent (5 %) from the previous year .
will require an affirmative vote of sixty percent (60 %) plus one (1) of the Phase II Cities that are
current voting Members of the Authority.
d. Non - Payment of Initial Dues and Annual Dues. Initial Dues are delinquent
sixty (60) days after payment is due and Annual Dues are delinquent thirty (30) days after
payment is due. If a Member fails to pay Initial Dues or Annual Dues before they become
delinquent, the Member shall be deemed to be suspended from voting on any matter before the
Governing Board. Such a Member shall have its voting rights reinstated upon the payment of all
dues then owed by the Member, including dues incurred prior to the suspension and during the
suspension, plus interest that is compounded monthly and calculated using a rate that is approved
by the Governing Board. Should a Member fail to pay dues and interest even after being
suspended from participation, the Authority may take any actions allowed by law that are
authorized by the Governing Board to recover any monies that are owed, and if authorized by the
Governing Board, the Authority may also take other actions including, but not limited to,
elimination of any planned station from the Gold Line Phase II, for any Member failing to pay
dues.
e. Use of Dues. Dues may be used to pay for all or part of the operating
costs of the Authority and/or all or part of the planning, acquisition, design, procurement,
building, staffing and all other lawful costs of the Gold Line Phase H.
Section 30. Disposition of Assets. Upon termination of this Agreement, after the
payment of all obligations of the Authority, any assets remaining shall be distributed to the
Members in proportion to the then obligation of the Members to participate in the funding of the
Authority.
Section 31. Amendment This Agreement may be amended but only upon the
unanimous consent of all of the legislative bodies of the Members hereto.
Section 32. Effective Date. The effective date ("Effective Date ") of this Agreement
shall be September 3, 2003, if eight (8) of the Eligible Public Entities adopt this Agreement by a
majority vote of their legislative body and sign this Agreement by that date. If eight (8) of the
Eligible Public Entities have not signed this Agreement by September 3, 2003, then the Effective
Date of this Agreement shall be the first date on which eight (8) of the Eligible Public Entities
adopt and sign this Agreement.
ra # 126478 v2 12
EXHIBIT A
Eligible Public Entities
Arcadia
Azusa
Claremont
Duarte
Glendora
Irwindale
LaVerne
LACMTA
Los Angeles
Monrovia
Pasadena
Pomona
San Dimas
SGVCOG
South Pasadena
LA # 126478 Q 14
AMENDMENT THREE
Joint Exercise of Powers Agreement
Gold Line Phase II Joint Powers Authority
This Amendment Three to the Joint Exercise of Powers Agreement for the Gold Line Phase II
Joint Powers Authority ("Amendment Three") is approved and executed by the current
members of the Metro Gold Line Phase II Joint Powers Authority ("Joint Powers Authority") as
set forth in Exhibit 1-B, attached hereto, and each of which must approve and execute this
Amendment Three in order for Amendment Three to be effective.
WITNESSETH:
The Parties hereto agree as follows:
Section 1. Recitals. This Amendment Three is made and entered into with respec to the
following facts:
a. The Joint Powers Authority was formed pursuant to Section 6500 et seq. of the
Government Code with the goal and intent to cooperate among members in support of
the funding, planning, design and construction of the Metro Gold Line Phase II I ght rail
project ("the Gold Line Phase II"); and
b. The City of Montclair has demonstrated an interest to join the Joint Powers Authority in
order to work cooperatively with the Joint Powers Authority and its member cites and
agencies to complete the Gold Line Phase ll including a possible extension to t e City
of Ontario; and
c. The City of Montclair has agreed to pay initial dues and assume other required financial
responsibilities as a condition of its membership in the Joint Powers Authority.
d. The City of Pasadena was a founding member of the Joint Powers Authority an by an
administrative error was removed and is at this time re-inserted and not subject to any
other provisions stated below; and
Section 2. Initial Dues. The Initial Dues in the amount of Thirty-One Thousand Four
Hundred Forty Five Dollars ($31,455.00) for the City of Montclair shall be due and payable
thirty-days (30) after the effective date of membership in the Joint Powers Authority.
Section 3. Terms Remain in Effect. All terms of the Joint Exercise of Powers Agree ent for
the Gold Line Phase II Joint Powers Authority ("Agreement") that are not deleted or ariended
by this Amendment Three remain fully in effect and the execution of this Amendment Three by
each of the parties hereto signifies approval and acceptance of the Agreement as mod fied by
this Amendment Two.
Section 4. Annual Dues. Section 29c (Annual Dues) of the Agreement is hereby rei stated
and after a three-fourths majority vote of the JPA Board Members at its April 14, 201 Board
AMENDMENT THREE Pa e 1 of 5
Meeting. Annual Dues will be billed at the beginning of the fiscal year commencing fiscal year
2014 (July 1, 2013).
With the increase of activities along the project, it remains integral to the project planning and
implementation to keep information and engagement with constituent cities. The forecast
budget which includes administrative expenses, fees, legal support, etc. are expected to be
approximately $45,000 annually ($3,000 per member city) as follows:
Revenues:
15 Member Cities X $3,000 $45,000
Total $45,000
Expenses:
Board Meetings Per Diem $18,000
Meetings $ 5,000
Legal, Administrative, & Other $22,000
Total $45,000
Section 5. Effective Dates. The Effective date of this Amendment Three shall be the first
date on which each of the current members of the JPA, as listed in Exhibit 1-B, shll have .
approved and signed this Amendment Three. The effective date of Montclair's membe ship in
the JPA shall be the first date on which each of the current members of the Joint owers
Authority as well as the respective candidate city shall have approved and sign d this
Amendment Three.
Section 6. Counterparts. This Amendment Three may be executed in several counterparts,
and all counterparts so executed shall constitute one Amendment Three, binding on all the
parties hereto, notwithstanding that all of the parties are not signatory to the original or same
counterpart.
signature pages to follow
AMENDMENT THREE Pa e 2 of 5
Arcadia
Adopted November 20, 2012
* Individual Signature Pages available upon request at Foothill Gold Line Offices
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia /
L.,,,,ercZ4. Vjef,2 igl, / f . -..
By: Robert C. Harbicht, Mayor ted By: r Lutz, Mayor Date.
City of Azusa City of Ontario
-----7
r7e4e �i / J A c__. 1 a o li a-
/ B,: Paul Leon, Mayor Dated
B Joseph R. Rocha, Mayor ated
City of Claremont City of Pasadena ef '
.>i"..--'--":7, -', ,,. 43/2_ l0' c»••-,,e_ sl iok
By: Larry Schroeder, Mayor bated By: erry el?, M yor Dated
Y rY y
City of Duarte
V--
'OMONA•
c1/0/9- fief - 4 AIL By. Jo _a ana, Mayor Dated ` I y� p „z
thott Rothman,Max,r ,
City of Glendora
S•n Bar •-' .ci• �•overnments., .„,
y: Gene Mur bito, Mayor `\ o ted :r; f-, rrarrr
D%t.d
j1=E. Jahn, Fresh nt
City of Irwindale ®` City of San Dimas
IOlio ati'14 1113A
BC!• "rte ' ayor ed By: Curtis W. Morris, Mayor fated
Julian iranda
City of a Verne City of South Pasadena .
c ,t 7 , qb kz._ 411 -4 . /?•//9/Z
By: n Ken rick, Mayor Dated By: Michael Cacciotti, Mayor D:ted
ATTEST
I`i
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Pag- 3 of 5
* Individual Signature Pages available upon request at Foothill Gold Line Offices
The authorized representative of the City of Montclair has caused this Amendment Three to be
executed on the City of Montclair's behalf, respectively, as follows:
City of Montclair ATTEST:
1 � � �
By: Paul M. Eaton, Mayor D ted By: Y onne Smith, Deputy ►'ty Clerk
.grt,"
gb°
G./ •
Cbtt
AMENDMENT THREE Page 4 of 5
Exhibit 1-B
Current Members of the Gold Line Phase II Joint Powers Authority
Arcadia
Azusa
Claremont
Duarte
Glendora
Irwindale
La Verne
Monrovia
Ontario
Pasadena
Pomona
San Bernardino Associated Governments (SANBag)
San Dimas
South Pasadena
AMENDMENT THREE Page 5 of 5
,
RESOLUTION NO. 6854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING AMENDMENT THREE
TO THE GOLD LINE PHASE II JOINT POWERS AUTHORITY
AGREEMENT
WHEREAS, the cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora,
San Dimas, La Verne, Pomona, Claremont, and Pasadena (collectively known as the
"Phase II Cities"), the City of Ontario, the San Bernardino Associated Govemm-nts
("SANBAG") and the Metro Gold Line Foothill Extension Construction Authority .re
engaged in planning efforts for light rail extension between Pasadena and Montc air
("Gold Line Phase II"); and
WHEREAS, the Joint Powers Authority was formed pursuant to Section 6500 et
seq. of the Government Code with the goal and intent to cooperate among mem•er
cities and agencies to complete the Gold Line Phase II light rail project; and
WHEREAS, the Gold Line Phase II Joint Powers Authority Agreement ("J"A
;Agreement")was approved and executed by the City of Arcadia on June 17, 2003; an•
WHEREAS, the JPA Agreement was adopted by each Phase II City a d
SANBAG, and the Gold Line Phase li Construction Authority ("Authority") was form-d
effective September 15, 2003; and
WHEREAS, the City of Montclair ("Montclair") accepted an invitation of the JP A
to join the JPA as a voting member, and has agreed to pay annual dues and assume all
financial and advisory responsibilities; and
WHEREAS, Montclair has agreed to abide by all rules and regulations stipulate•
in the JPA Agreement; and
•
WHEREAS, the JPA Governing Board of the Authority has affirmatively vote• to
extend the membership to Montclair; and
WHEREAS, the JPA Governing Board of the Authority has unanimously vote, to
reinstate the annual membership dues; and
WHEREAS, the City of Pasadena was a founding member of the Joint Pow rs
Authority and by an administrative error was removed and is at this time re-insert d;
and
WHEREAS, a unanimous affirmative vote is required by the legislative body of
each member of the JPA to approve any and all amendments to the JPA Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADI
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Amendment Three to the Gold
Line Phase II Joint Powers Authority Agreement, a copy of which is on file with the
Office of the City Clerk, adding the City of Montclair as an authorized Member of the
Gold Line Phase II Joint Power Authority, reinstating the annual dues, and re-insertin
the City of Pasadena as a founding member.
SECTION 2. The City Council authorizes and directs the City Manager or hi
designee to take any and all necessary actions to execute Amendment Three on behal
of the City of Arcadia.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
[SIGNATURES ON THE NEXT PAGE]
, ,
Passed, approved and adopted this 20th day of November 2012.
/s/ Robert C. Harbicht
•
Mayor of the City of Arcadia
ATTEST:
Is/ Gene Glasco
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch .
•
City Attorney
•
•
•
3
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6854 was passed and adopted by the City Council of the Ci � of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of aid
Council held on the 20th day of November,2012 and that said Resolution was adopte by
the following vote, to wit:
AYES: Council Member Amundson, Segal, Wuo and Harbicht
NOES: None
ABSENT: Council Member Kovacic
!s/ Gene Glasea
City Clerk of the City of Arcadia
4
1
Azusa
Adopted November 5, 2012
The current members of the JPA have caused this Amendment Three to be executed o their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor bated
City of Azusa City of Ontario
✓� %/// /2
B , Joseph R. Rocha, Mayor aced By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas.
•
By David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
By: Chris Lowe, Cler' of the Board
AMENDMENT THREE Page 3 of 5
Claremont
Adopted November 13, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dal:d
City of Claremont City of Pasadena
.--;. --t--r ./1 , . _-,:Z°_`' a /3/.
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dat-d
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dat-d
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dot d
ATTEST
By: Chris Lowe, Cle k of the Board
AMENDMENT THREE Page 3 of 5
Duarte
Adopted November 13, 2012
Agreement No. 1 2-91
The current members of the JPA have caused this Amendment Three to be executed on th-ir
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor D ted
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor bated
City of Duarte City of Pomona
0 7.' r
By: Jo a ana, Mayor Dated By: Elliott Rothman, Mayor bated
City o Glendora San Bernardino Associated Governments
■
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President ifated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor ated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor ated
ATTEST
4
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Page 3 of 5
Glendora
November 27, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D:ted.
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Government
.`: / �j
y: Gene Mur-bito, Mayor D led By: Brad Mltzelfelt, President Dated
City of Irwindale City of San Dimas.
By: David Fuentes, Mayor Dated By: Curtis W.Moms, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti,Mayor Dated
ATTEST
By: Chris Lowe, Cler of the Board
AMENDMENT THREE Pag= 3 of 5
Irwindale
Adopted November 14, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
h.,:, /1/1/1.2
B
AL
-fr_►err±es, Mayor ed By: Curtis W. Morris, Mayor Dated
Julian A. Miranda
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
41 _
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE - Pas 3 of 5
RESOLUTION NO. 2012-55-2594
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE, CALIFORNIA,
ADOPTING AMENDMENT THREE TO THE GOLD LINE PHASE II
CONSTRUCTION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT,
ADDING THE CITY OF MONTCLAIR AS AN AUTHORIZED MEMBER OF THE
GOLD LINE PHASE II CONSTRUCTION AUTHORITY
WHEREAS, the City of Irwindale approved and executed the Gold Line
Phase II Construction Authority Joint Powers Agreement (°Agreement") on
August 25, 2003 and is a current member of the Metro Gold Line Phase II Joint
Powers Authority("JPA"); and
WHEREAS, IN 2004, Amendment One to the JPA Agreement authorized
replacement of the San Gabriel Valley Council of Governments (SGVCOG)
membership with that of San Bernardino Associated Governments as an
authorized member of the Gold Line Phase II Construction Authority; and
WHEREAS, Amendment Two, approved and executed in 2007, added the
City of Ontario as an authorized member of the Gold Line Phase II Construction
Authority; and
WHEREAS, the JPA Board extended invitations of membership to the
JPA to the cities of Montclair,. Upland and Rancho Cucamonga; and Montclair
accepted and approved the invitation of membership to the JPA; and
WHEREAS, a unanimous affirmative vote is required by the legislative
body of each member of the JPA to approve any and all amendments to the
Agreement.
NOW, THEREFORE, the City Council of the City of Irwindale, California,
resolves, determines and orders as follows:
Section 1. That the City Council finds the above recitals true and
correct.
Section 2. The City Council hereby approved Amendment Three to the
Gold Line Phase II Construction Authority Joint Powers Agreement, adding the
City of Montclair as an authorized Member of the Gold Line Phase II Construction
Authority.
Section 3. The Deputy City Clerk shall certify the adoption of this
Resolution
Resolution No. 2012-55-2594
Page 1
PASSED, APPROVED, AND ADOPTED, this 14th day of November 2012.
GSA 4 k--2
Julian A. Miranda, Mayor
ATTEST:
s ft
- ct))/1_ ,Yktiib
ra M. Nieto, CMC
Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Resolution No. 2012-55-2594 was duly adopted by the City Council
of the City of Irwindale, at a regular meeting held on the 14th day of November
2012, by the following vote:
AYES: Councilmembers: Breceda, Fuentes, Garcia, Ortiz, Mayor
Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
State of California ,
County of Los Angeles • /G14/ )1q- i
City of Irwindale a M. Nieto, CMC
I, Laura M. Nieto, Deputy City Clerk, do 1- .uty City Clerk
hereby certify that the attached Is a full,
true and correct copy of the original,
and on file in the City files of the City of
Irwindale,-and that I have carefully com-
pared the S. -0-.with -!e ori..'qal.,
Res,. P-4 *ti •
Par % Deputy ity lerk
La Verne
Adopted December 3, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D ted
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governmen s
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of a Verne City of South Pasadena
, rif,( 7,, - ( -74b1C�
By: Don Ken rick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
►.'
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Page 3 of 5
RESOLUTION NO. 12-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
1 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,APPROVING
2 AMENDMENT THREEOF THE JOINT EXERCISE OF POWERS AGREEMENT
GOLD LINE PHASE II JOINT POWERS AUTHORITY.
3
4 WHEREAS, the Joint Exercise of Powers Agreement for the Gold Line
5 Phase II approves amendment three adoption, approving an amendment to t e
Gold Line Joint Powers Authority (JPA)to extend JPA membership the City o
6 Montclair, reinstate annual dues in the amount of$3000 per member City, an
reinstate the City of Pasadena; and
7
NOW THEREFORE, the City Council of the City of La Verne
8 DETERMINES AND DIRECTS as follows:
9 Section 1. Amendment Three is made and entered into with respect to
10 the following facts:
11 a. The Joint Powers Authority was formed pursuant to Section 6500 et
12 seq. of the Government Code with the goal and intent to cooperate among
members in support of the funding, planning, design and construction of the
13 Metro Gold Line Phase II light rail project("the Gold Line Phase II"); and
14 b. The City of Montclair has demonstrated an interest to join the.Joint
Powers Authority in order to work cooperatively with the Joint Powers Autho '
15 and its member cities and agencies to complete the Gold Line Phase 11 inclu ing
16 a possible extension to the City of Ontario; and
17 c. The City of Montclair has agreed to pay initial dues,and assume of er
required financial responsibilities as a condition of its membership in the Joint
18 Powers Authority.
19 d. The City of Pasadena was a founding member of the Joint Powers
20 Authority and by an administrative error was removed and is at this time re
inserted and subject to any other provisions stated below; and
21
Section 2. That the Mayor shall sign and the City Clerk shall attest to the
22 passage and adoption of this Resolution.
23
24
25
26
27
28
r
Section 3. The City Manager shall be authorized to submit the
application and to sign all necessary forms and agreements for implementing he
1 programs.
2 PASSED, APPROVED AND ADOPTED this 19th day of November,
3 2012.
4
5
6 Ma, or Do Kendrick
ATTEST:
7
8
9 Evel L ch, City Clerk
10 I hereby certify that the foregoing Resolution No. 12-82 was duly and regula!ly
11 adopted by the City Council of the City of La Verne at a meeting thereof held Ion
the 19th day of November, 2012, by the following vote:
12
AYES: Rosales, Carder, Redman, Rodriguez, and Mayor Kendrick.
13 NOES: None.
14 ABSENT: None.
ABSTAIN: None.
15
16
:1"; S / I "
17 Eve' n L"ach, City Clerk
18 -
19
20
21
22
23
24
25
26
27 Resolution No. 12-82 2
28
Monrovia
Adopted November 20, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: :ry(Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
By: Chris Lobv-, = k of the Board
AMENDMENT THREE Page 3 of 5
Ontario
Adopted December- 4, 2012
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor bated
City of Azusa City of Ontario
0I(/1 —
By: Joseph R. Rocha, Mayor Dated B,: Paul Leon, Mayor P. Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
fit ,
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Page 3 of 5
The authorized representative of the City of Ontario has caused this Amendment Three o be
executed on the City of Ontario's behalf, respectively, as follows:
City of 0 ATTEST j.
(/ —4 ' /1 I
i� i))04/2-- /!
Pasadena
Executed May 10, 2016
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
Gti►' $,lrollG
By: Larry Schroeder, Mayor Dated By: erry ornek, M yor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
APPROVED AS TO FORM:
Tills � ,da of ` 20
By: Chris Lo .the oard fay AA''
0/ /6
pasaeLeirt.City Attorney Aer
AMENDMENT THREE MA} K Jit SKY, MC Page 3 of 5
CITY CLERK
Pomona
Adopted December 3, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz,Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W.Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
10;,4
By: Chris Lowe,Clerk of the Board
AMENDMENT THREE Page 3 of 5
Resolution No. 2012-188 - Exhibit A -
Page 3 of 5
•
--- . , .OL-UTTON NO.-20-t2-188—_ __- —— - ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA
APPROVING AMENDMENT THREE TO THE JOINT EXERCISE OF
POWERS AGREEMENT (JEPA) FOR THE GOLD LINE PHASE II JOINT
POWERS AUTHORITY (JPA) ALLOWING THE CITY OF MONTCLAIR
TO JOIN THE JPA AND RE-INSERTING THE CITY OF PASADENA
WHEREAS, the Gold Line Phase II Construction Authority ("Authority") was f rmed
effective September 15,2003,pursuant to Section 6500 et seq.of the Government Code;
WHEREAS,the City of Pomona has approved and executed the Joint Exercise of P,00wers
Agreement for the Gold line Phase II Construction Authority ("Agreement") and is a m ber of
the Authority;
WHEREAS,the City of Montclair has asked to join the Authority;
WHEREAS, the City of Montclair has agreed to pay dues and assume other uired
financial responsibilities as a condition of this membership in the Authority;
WHEREAS,the Governing Board of the Authority has voted to approve the entry of the
City of Montclair into the Authority; ,
WHEREAS, The Governing Board of the Authority has approved the pr posed
Amendment to the Agreement that would allow the entry of the City of Montclair into the
Authority, require that the City of Montclair pay dues and assume financial responsibilitie$as all
other dues-paying members, provide the City of Montclair with all of the rights of dues-paying
members and allow the City of Montclair to join the Authority; and
WHEREAS,the City of Pasadena was a founding member of the Joint Powers Authority
and by an administrative error was removed and needs to be rightfully re-inserted;and
WHEREAS, the affirmative vote of every member of the Authority is required for the
approval of any amendment to the Agreement.
NOW;THEREFORE,BAIT RESOLVED by1he"City Council ofiheCity 6f Pomona as ' "'
follows:
SECTION 1. The City Council hereby approves Amendment Three to the Agreement,in
substantially the form submitted,and is attached hereto as Exhibit A.
SECTION 2. The City Council hereby authorizes the City Manager,or her design ,to
execute Amendment Three to the Agreement and any other related documents.
SECTION 3. That the City Clerk shall attest and certify to the passage and ado tion of
this resolution and it shall become effective immediately upon its approva5 document is a full,true and con
copy of the original on file in the
Pomon. lerls Off• * -
Resolution No.2012-188 ,
Page 1 of 2 ATTEST: Ci o Pom 4 a City Clerk
Resaiu'hon t!O. o«-18f.1
{pacles t-y2 t E biloit A
APPROVED AND ADOPTED THIS 3RD DAY OF DECEMBER 2012.
ATTEST: CITY : ry 'OMONA•)41
aga I' ll II"
• /
Marie Michel Ma ias,City Clerk Elliott Rothman,May r
APPROVED AS TO FORM:
JI4
Am. d Alvarez-Glasman,City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, MARIE MICHEL MACIAS, CITY CLERK of the City of Pomona do hereby certify •:t the
foregoing Resolution was adopted at a regular meeting of the City Council of the City of Po ona
held on the 3`1 day of December 2012 by the following vote:
AYES: COUNCILMEMBERS: Soto,Rodriguez,Carrizosa,Lantz,Escobar,Rothman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Atchley
ABSTAIN: COUNCILMEMBERS: None
:e Michel Macias,City Cl rk
Resolution No.2012-188 •
•
Page 2 of 2
San Dimas
Adopted November 13, 2012
Agreement No. 12-91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
a."24 OBAI
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Page 3 of 5
SAN BAG
Adopted November 13, 2013
• 04024(SANBAG No.)
Agreement No. 12- 1
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz. Mayor Dated
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Da!led
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott hman, Mayor Dated
City of Glendora S.n Be •: •- .ci: overnments
By: Gene Murabito, Mayor Dated :•': ' 1 ' !!! ;:• Died
City of Irwindale �1 E. Jahn, Presh nt
Y City of fan Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor D 'fed
City of La Verne City of South Pasadena
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
qfpf
By: Chris Lowe, Clerk of the Board
AMENDMENT THREE Page 3 f 5
04024-03
South Pasadena
Adopted December 19, 2012
Agreement No. 1 -91
The current members of the JPA have caused this Amendment Three to be executed on their
behalf, respectively, as follows:
City of Arcadia City of Monrovia
By: Robert C. Harbicht, Mayor Dated By: Mary Ann Lutz, Mayor D 'led
City of Azusa City of Ontario
By: Joseph R. Rocha, Mayor Dated By: Paul Leon, Mayor Dated
City of Claremont City of Pasadena
By: Larry Schroeder, Mayor Dated By: Bill Bogaard, Mayor Dated
City of Duarte City of Pomona
By: John Fasana, Mayor Dated By: Elliott Rothman, Mayor Dated
City of Glendora San Bernardino Associated Governments
By: Gene Murabito, Mayor Dated By: Brad Mitzelfelt, President Dated
City of Irwindale City of San Dimas
By: David Fuentes, Mayor Dated By: Curtis W. Morris, Mayor Dated
City of La Verne City of South Pasadena /
/2�/y//'L
e n
By: Don Kendrick, Mayor Dated By: Michael Cacciotti, Mayor Dated
ATTEST
By: Chris Lowe, Cl; of the Board
AMENDMENT THREE Page 3 of 5
Montclair
Adopted September 12, 2012
Agreement No. ' 2-91
The authorized representative of the City of Montclair has caused this Amendment Three to be
executed on the City of Montclair's behalf, respectively, as follows:
City of Montclair ATTEST: -` .
\,oiravN slli„,„
By: Paul M. Eaton, Mayor D ted By: F anne.SmitFi,_Deputy •'ty Clerk
•
•
AMENDMENT THREE Page 4 of 5
Exhibit 1-B
Current Members of the Gold Line Phase II Joint Powers Authority
Arcadia
Azusa
Claremont
Duarte
Glendora
Irwindale
La Verne
Monrovia
Ontario
Pasadena
Pomona
San Bernardino Associated Governments (SANBag)
San Dimas
South Pasadena
AMENDMENT THREE Page 5 of 5
AMENDMENT TWO ORIGIVAL
JOINT EXERCISE OF POWERS AGREEMENT
Gold Line Phase II Joint Powers Authority
This Amendment Two to the Joint Exercise of Powers Agreement for the Gold Line Phase II Joint
Powers Authority ( "Amendment Two') is approved and executed by the current members of the Gold
Line Phase 11 Joint Construction Authority, a Joint Powers Authority ( "Authority ") as set forth in Exhibit
1 -13, attached hereto, and each of which must approve and execute this Amendment Two in order for
the Amendment Two to be effective. This Amendment Two is also approved and executed by the City
of Ontario ( "Ontario "), which approval and execution shall allow Ontario to become a member of the
Authority should all of the current members listed in Exhibit 1 -B so approve this Amendment Two.
WITNESSETH:
The Parties hereto agree as follows:
Section 1. Recitals. This Amendment Two is made and entered into with respect to the following
facts:
The Authority was formed pursuant to Section 6500 et seq. of the Government Code to enable
its member cities and agencies to participate as fully as is necessary and appropriate in the
planning, funding, design and construction of the Gold Line Phase II light rail project ( "the
Gold Line Phase II °); and
b. Ontario has asked to join the Authority in order to work cooperatively with the Authority and
its member cities and agencies to complete the Gold Line Phase II including a possible
extension to the City of Ontario; and
C. Ontario has agreed to pay dues and assume other required financial responsibilities as a
condition of its membership in the Authority.
Section 2. Initial Dues. The Initial Dues in the amount of Thirty -One Thousand Four Hundred Forty
Five Dollars ($31,455.00) for Ontario shall be due and payable thirty -days (30) after the effective date
of its membership in the JPA_
Section 3. Terms Remain in Effect All terms of the Joint Exercise of Powers Agreement for the
Gold Line Phase II Construction Authority, A Joint Powers Authority ( "Agreement') that are not deleted
or amended by this Amendment Two remain fully in effect and the execution of this Amendment Two by
each of the parties hereto signifies approval and acceptance of the Agreement as modified by this
Amendment Two.
Section 4. Suspension of Section 29c. Section 29c (Annual Dues) of the Agreement is hereby
suspended and not in force until such time as this suspension of Section 29c is terminated by a three -
fourths majority vote of the members of the JPA.
Section 4. Effective Dates_ The Effective date of this Amendment Two shall be the first date on
which each of the current members of the JPA, as listed in Exhibit 1 -13, shall have approved and signed
this Amendment Two. The effective date of Ontario's membership in the JPA shall be the first date on
which each of the current members of the Authority and Ontario shall have approved and signed this
Amendment Two.
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
Page 1 of 4
AMENDMENT ONE
JOINT EXERCISE OF POWERS AGREEMENT
GOLD LINE PHASE H CONSTRUCTION AUTHORITY
This Amendment One to the Joint Exercise of Powers Agreement for the Gold
Line Phase II Construction Authority ( "Amendment One ") is approved and executed by
the current members of the Gold Line Phase 11 Construction Authority as set forth in
Exhibit 1 -A, attached hereto, and each of which must approve and execute this
Amendment One in order for Amendment One to be effective. This Amendment One is
also approved and executed by the San Bernardino Associated Governments (the
"SANBAG "), which approval and execution shall allow SANBAG to become a member
of the Gold Line Phase II Construction Authority should all of the current members listed
in Exhibit I -A so approve this Amendment One.
WITNESSETH:
The parties hereto do agree as follows.
Section 1. Recitals. This Amendment One is made and entered into with
respect to the following facts:
a. The Gold Line Phase II Construction Authority (the "Authority ") was
formed pursuant to Section 6500 et seq. of the Government Code to enable its member
cities and agencies to participate as fully as is necessary and appropriate in the planning,
funding, design and construction of the Gold Line Phase II light rail project ( "the Gold
Line Phase II ");
b. The SANBAG has asked to join the Authority in order to work
cooperatively with the Authority and its member cities and agencies to complete the Gold
Line Phase I1 including a possible extension to the city of Montclair;
c. The San Gabriel Valley Council of Governments (the "SGVCOG ")
has voted to forego its membership in the Authority in favor of the SANBAG; and
d. The SANBAG has agreed to pay dues and assume other required
financial responsibilities as a condition of its membership in the Authority.
Section 2. Terms Remain in Effect. All terms of the Joint Exercise of Powers
Agreement for the Gold Line Phase II Construction Authority (the "Agreement ") that are
not deleted or amended by this Amendment One remain fully in effect and the execution
of this Amendment One by each of the parties hereto signifies approval and-acceptance of
the Agreement as modified by this Amendment One.
LA# 140770v2
Section 3. Replacement of SGVCOG with SANBAG. In Section 5c in the
third sentence delete the phrase "and the SGVCOG". In the heading for Section 5d - delete
the phrase "and SGVCOG Representatives ". In Section 5d delete the second sentence in
its entirety. In Section 16 and in Exhibit A of the Agreement, wherever it may appear
replace " SGVCOG" with "SANBAG ".
Section 4. Change to Section 16. In the third sentence of Section 16 of the
Agreement change the word "designate" to "identify ".
Section 5. Change to Interest Calculation Date. In Section 26c of the
Agreement, change the date from which interest is to be calculated from "September 2,
2003" to "December 31, 2003."
Section 6. New Section 29a. Section 29a of the Agreement is deleted in
entirety and replaced with the following new Section 29a.
"a. Payment of Dues. The SANBAG and each Phase lI City that
--� areMembers of the Authority shall have an obligation to participate in the
funding of the Authority and shall be responsible for the payment to the
Authority of dues. The LACMTA and the cities of South Pasadena and
Los Angeles shall not be required to pay dues and shall not have any
obligation to participate in the funding of the Authority, but shall, in good
faith, provide assistance and support to the Authority."
Section 7. New Section 29b. Section 29b of the Agreement is deleted in
entirety and replaced with the following new Section 29b.
"b. Initial Dues. The initial dues shall be Thirty -One Thousand
Four Hundred Forty -Five Dollars ($31,445.00) for the SANBAG and for
every Phase II City (the "Initial Dues ") and the Initial Dues shall be due
and payable to the Authority on October 1, 2003, except for SANBAG
whose Initial Dues shall be due and payable thirty (30) days after the
effective date of its membership in the Authority."
Section 8. New Section 29c. Section 29c of the Agreement is deleted in
entirety and replaced with the following new Section 29c.
"c. Annual Dues. In March of 2004, and in each March thereafter,
the SANBAG and the Phase II Cities shall determine the Annual Dues,
which shall be the same for the SANBAG and for each Phase II City that
is a Member, except that if one or more additional stops for the Gold Line
Phase II has been authorized, the SANBAG and the Phase II Cities may
approve, by an affirmative vote of sixty percent (60 %) plus one (1) of the
Phase It Cities plus SANBAG that are voting Members of the Authority,
an adjustment to the Annual Dues of one or more Phase II Cities and of
SANBAG that takes into consideration the location of the additional
stop(s) and the Phase II City(ies) and /or SANBAG that will benefit
therefrom. The annual dues (the "Annual Dues ") shall be due on July I of
LA #140770v2
each year, starting in 2004. The Phase Il Cities and SANBAG shall
determine the Annual Dues after considering the recommendation of the
Committee, which recommendation shall be based upon the estimated
operating costs of the Authority and the projected costs of the Gold Line
Phase II, both for the following year. An increase in Annual Dues of no
more than five percent (5 %) from the previous year may be approved by
an affirmative vote of a majority of the SANBAG and the Phase I I Cities
that are current voting Members of the Authority. An increase in Annual
Dues by more than five percent (5 %) from the previous year will require
an affirmative vote of sixty percent (60 %) plus one (1) of the SANBAG
and the Phase lI Cities that are current voting Members of the Authority."
Section 9. Effective Dates. The effective date of this Amendment One shall be
the first date on which each of the current members of the Authority, as listed in Exhibit
I -A, shall have approved and signed this Amendment One. The effective date of the
SANBAG's membership in the Authority shall be the first date on which each of the
current members of the Authority and the SANBAG shall have approved and signed this
Amendment One.
Section 10. CounteWarts. This Amendment One may be executed in several
counterparts, and all counterparts so executed shall constitute one Amendment One,
binding on all the parties hereto, notwithstanding that all of the parties are not signatory
to the original or same counterpart.
The current members of the Authority and the SANBAG have caused this
Amendment One to be executed on their behalf, respectively, as follows:
Mayor /Chief Executive Officer/
Executive Director
ATTEST
City Clerk/ ec etary
/ytu.ti cam-- '7', oZ0 v f�
Date
LA# 140770v2
EXHIBIT 1 -A
Cun•ent Members of (lie Gold Line Phase II ConstrUction Authority
Arcadia
Azusa
Claremont
Duarte
Glendora
Irwindale
LaV erne
Monrovia
Pomona
San Dimas
South Pasadena
LA# 140770v2
City o Arcadia City of La Verne
By: 4ger Chandler, Councilman Dated By: Jon Blickenstaff, Mayor Dated
City of Azusa
By: Diane Chagnon, Mayor
City of Claremont
By: Peter Yao, Mayor
City of Duarte
By: John Fasana, Councilman
City of Glendora
By: Doug Tessitor, Mayor
City of Irwindale
By: Julian Miranda, Mayor
City of Monrovia
Dated By: Rob Hammond, Mayor Date
City of Pomona
Dated By: George Hunter, Councilman Date
San Bernardino Associated Governments
Dated By: Paul Eaton, Board Member Date
City of San Dimas
Dated By: Denis Bertone, Councilman Date
City of South Pasadena
Dated By: Odom Stamps, Councilman
ATTEST
By: Chris owe, lerk of the Board
Date
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
City of La Verne
By: Roger Chandler, Mayor
Dated
By: Jon Blickenstaff, Mayor
City of Azusa
City of Monrovia
r•
Lt /
By: Diane Chagnon, Mayor 0
ad
By: Rob Hammond, Mayor
City of Claremont
City of Pomona
By: Peter Yao, Mayor
Dated
By: George Hunter, Councilman
City of Duarte
San Bernardino Associated Governments
By: John Fasana, Councilman
Dated
By: Dennis Hansberger, President
City of Glendora
City of San Dimas
By: Doug Tessitor, Mayor
Dated
By: Denis Bertone, Councilman
City of Irwindale
City of South Pasadena
By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman
ATTEST
By: Chris Lowe, Clerk of the Board
Page 2 of 4
Dated
Dated
Dated
Dated
Dated
Dated
City of Arcadia
By: Roger Chandler, Mayor
City of Azusa
By: Diane Chagnon, Mayor
Cyr—"la 7"9
eter Ya , M yor
City of Duarte
By: John Fasana, Councilman
City of Glendora
By: Doug Tessitor, Mayor
City of Irwindale
City of La Verne
Dated By: Jon Blickenstaff, Mayor Dated
City of Monrovia
Dated By: Rob Hammond, Mayor Date-
City of Pomona
4a4t'
By: George Hunter, Councilman Date
San Bernardino Associated Governments
Dated By: Paul Eaton, Board Member Date
City of San Dimas
Dated By: Denis Bertone, Councilman Date
City of South Pasadena
By: Julian Miranda, Mayor Dated By: Odom Stamps, Councilman Date
ATTEST
By: Chris Loan, Clerk of the Board
Agenda Item 7.c.
Page 5 of 7
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia City of La Verne
By: Roger Chandler, Mayor
Dated
City of Azusa
By: Diane Chagnon, Mayor
Dated
City of Claremont
By: Peter Yao, Mayor
Dated
City of Duarte
By: Jo Fasa a, Councilman
Dated
City f Glendora
By: Doug Tessitor, Mayor
Dated
City of Irwindale
By: Julian Miranda, Mayor
Dated
ATTEST
By: Jon Blickenstaff, Mayor Dated
City of Monrovia
By: Rob Hammond, Mayor Dated
City of Pomona
By: George Hunter, Councilman Dated
San Bernardino Associated Governments
By: Paul Eaton, Board Member Dated
City of San Dimas
By: Denis Bertone, Councilman Dated
City of South Pasadena
By: Odom Stamps, Councilman Dated
By: Chris Lowe, Clerk of the Board
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
City of La Verne
By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated
City of Azusa City of Monrovia
By: Diane Chagnon, Mayor Dated By: Rob Hammond, Mayor Dated
City of Claremont City of Pomona
By: Peter Yao, Mayor Dated By: George Hunter, Councilman Dated
City of Duarte San Bernardino Associated Governments
By: John Fasana, Councilman Dated By: Dennis Hansberger, President Dated
City of Glendora City of San Dimas
By: Dou essitor, Mayor L aced By: Denis Bertone, Councilman Dated
City of Irwindale City of South Pasadena
By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman Dated
ATTEST
By: Chris Lowe, Clerk of the Board
Page 2 of 4
Section 6. Counterparts. This Amendment Two may be executed in several
counterparts, and all counterparts so executed shall constitute one Amendment Two, binding
on all the parties hereto, notwithstanding that all of the parties are not signatory to the original
or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their
behalf, respectively, as follows:
City of Arcadia City of La Verne
By: Roger Chandler, Mayor
Dated
By: Jon Blickenstaff, Mayor
Dated
City of Azusa
City of Monrovia
By: Rob Hammond, Mayor
Dated
By: Diane Chagnon, Mayor
Dated
City of Claremont
City of Pomona
By: George Hunter, Councilman
Dated
By: Peter Yao, Mayor
Dated
City of Duarte
San Bernardino Associated Governments
By: Paul Eaton, Board Member
Dated
By: John Fasana, Councilman
Dated
City of Glendora
City of San Dimas
By: Denis Bertone, Councilman
Dated
By: Doug Tessitor, Mayor
Dated
City of Irwindale
City of South Pasadena
By: H. Manuel 6rtiz, Mayor
D fed
By: Odom Stamps, Councilman
Dated
ATTEST
By: Chris Lowe, Clerk of the Board
-2-
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia City of La Verr,e�
By: Chris Lowe, Clerk of the Board
L-21-20107-
By: Roger Chandler, Mayor
Dated
7ityof Jon Blickenstaff, Mayo
tu
Da d
City of Azusa
Monrovia
Dated
By: Rob Hammond, Mayor
Dated
By: Diane Chagnon, Mayor
City of Claremont
City of Pomona
Dated
By: George Hunter, Councilman
Dated
By: Peter Yao, Mayor
City of Duarte
San Bernardino Associated Governments
Dated
By: Paul Eaton, Board Member
Dated
By: John Fasana, Councilman
City of Glendora
City of San Dimas
Dated
By: Denis Bertone, Councilman
Dated
By: Doug Tessitor, Mayor
City of Irwindale
City of South Pasadena
Dated
By: Odom Stamps, Councilman
Dated
By: Julian Miranda, Mayor
ATTEST
By: Chris Lowe, Clerk of the Board
which each of the current members of the Authority and Ontario shall have approved and signed this
Amendment Two.
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
By: Roger Chandler, Mayor
Dated
City of Azusa
By: Diane Chagnon, Mayor
Dated
City of Claremont
By: Peter Yao, Mayor
Dated
City of Duarte
By: John Fasana, Councilman
Dated
City of Glendora
By: Doug Tessitor, Mayor
Dated
City of Irwindale
By: Julian Wanda, Mayor
Dated
ATTEST
City of La Verne
By: Jon Blickenstaff, Mayor Dated
City of Pomona
By: George Hunter, Councilman Dated
San Bernardino Associated Governments
By: Paul Eaton, Board Member Dated
City of San Dimas
By: Denis Bertone, Councilman Dated
City of South Pasadena
By: Odom Stamps, Councilman Dated
By: Chris Lowe, Clerk of the Board
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia City of La Verne
By. Roger Chandler, Mayor
Dated
By: Jon Blickenstaff, Mayor
City of Azusa
City of Monrovia
By Diane Chagnon, Mayor
Dated
By: Rob Hammond, Mayor
City of Claremont
City of Po na
By: Peter Yao, Mayor
Dated
By: Ge r, oun ilman
City of Duarte
San Bernardino Asso Governments
By: John Fasana, Councilman
Dated
By: Paul Eaton, Board Member
City of Glendora
City of San Dimas
By. Doug Tessitor, Mayor
Dated
By: Denis Bertone, Councilman
City of Irwindale
City of South Pasadena
By: Julian Miranda, Mayor
Dated
By: Odom Stamps, Councilman
ATTEST
By: Chris Lowe, Clerk of the Board
Dated
Dated
Dated
Dated
Dated
Section 4. Counterparts. This Amendment Two may be executed in several counterparts, and all
counterparts so executed shall constitute one Amendment Two, binding on all the parties hereto,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
City of La Verne
By: Roger Chandler, Mayor
Dated
By: Jon Blickenstaff, Mayor
Dated
City of Azusa
City of Monrovia
By: Diane Chagnon, Mayor
Dated
By. Rob Hammond, Mayor
Dated
City of Claremont
City of Pomona
By: Peter Yao, Mayor
Dated
By: George Hunter, Councilman
Dated
City of Duarte
San Lardino ss oci a Governments
—
V%
By: John Fasana, Councilman
Dated
By: Dennis Han.sberger, P sident
1Dat4d .
City of Glendora
City of San Dimas
By: Doug Tessitor, Mayor
Dated
By, . Denis Bertone, Councilman
Dated
City of Irwindale
City of South Pasadena
By: Julian Miranda, Mayor
Dated
By: Odom Stamps, Councilman
Dated
ATTEST
By: Chris Lowe, Clerk of the Board
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
The current members of the JPA have caused this Amendment Two to be executed on their behalf.
respectively, as follows:
City of Arcadia
City of La Verne
By: Roger Chandler, Mayor Dated By: Jon Blickenstaff, Mayor Dated
City of Azusa City of Monrovia
By: Diane Chagnon, Mayor
City of Claremont
By: Peter Yao, Mayor
City of Duarte
By: John Fasana, Councilman
City of Glendora
By: Doug Tessitor, Mayor
City of Irwindale
Dated By: Rob Hammond, Mayor
City of Pomona
Dated
Dated By: George Hunter, Councilman Dated
San Bernardino Associated Governments
Dated By: Dennis Hansberger, President Dated
City of San Dimas
6
Dated By: Curtis W. Morris, Mayor D ted
City of South Pasadena
By: H. Manuel Ortiz, Mayor Dated By: Odom Stamps, Councilman Dated
ATTEST
By: Chris Lowe, Clerk of the Board
Page 2 of 4
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
City of La Verne
By: Roger Chandler, Mayor
Dated
By: Jon Blickenstaff, Mayor
Dated
City of Azusa
City of Monrovia
By: Rob Hammond, Mayor
Dated
By: Diane Chagnon, Mayor
Dated
City of Claremont
City of Pomona
Dated
By: George Hunter, Councilman
Dated
By: Peter Yao, Mayor
City of Duarte
San Bernardino Associated Governments
Dated
By: Dennis Hansberger, President
Dated
By: John Fasana, Councilman
City of Glendora
City of San Dimas
Dated
By: Denis Bertone, Councilman
Dated
By: Doug Tessitor, Mayor
City of Irwindale
City of South Pasadena
By: om Sta s, Councilman
Dated
By: H. Manuel Ortiz, Mayor
Dated
ATTEST
By: Chris Lowe, Clerk of the Board
Page 2 of 4
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
The current members of the JPA have caused this Amendment Two to be executed on their behalf,
respectively, as follows:
City of Arcadia
By: Roger Chandier, Mayor
City of Azusa
City of La Verne
Dated By: Jon Blickenstaff, Mayor Dated
City of Monrovia
By: Diane Chagnon, Mayor Dated By: Rob Hammond, Mayor
City of Claremont City of Pomona
By: Peter Yao, Mayor Dated By: George Hunter, Councilman
City of Duarte San Bernardino Associated Governments
By: John Fasana, Councilman Dated By: Dennis Hansberger, President
City of Glendora City of San Dimas
By: Doug Tessitor, Mayor Dated By: Curtis W. Moms, Mayor Dated
City of Irwindale City of South Pasaden
l8 !%T
By: H. Manuel Ortiz, Mayor Dated By: Michael A. aicdotfi, Mayor Dated
Dated
Dated
Dated
ATTEST
By: Chris Lowe, Clerk of the Board
Page 2 of 4
The authorized representative of the City of Ontario has caused this Amendment Two to
be executed on the City of Ontario's behalf, respectively, as follows:
of Ontario
By: Paul Leon, Mayor Dated
ATTEST
By: Ma E. Wrtes, Clerk
Amendment Two
Joint Exercise of Powers Authority
Metro Gold Line Phase II Joint Powers Authority
ORIGMA.L
Exhibit 1-B
Current Members of the Gold Line Phase II Joint Powers Authority
Arcadia
Azusa
Claremont
Duarte
Glendora
Irwindale
La Verne
Monrovia
Ontario
Pomona
San Bernardino Associated Governments (SANBag)
San Dimas
South Pasadena
? xecutive Officer:
iabib F. Balian
thief Executive Officer
Metro Gold Line foothill Extension
Construction Authority
406 E. Huntington Dn4
Monrovia, CA
Agenda Item: 7.d.
TO: Chair and Members of the Technical Advisory Committee
FROM: Habi . Balian, CEO
DATE: March 10, 2011
SUBJECT: Consideration of JPA Meeting Time
RECOMMENDATION:
626 - 471 -9030 rh
626 -471 -9049 fx
That the Technical Advisory Committee consider the JPA Board meeting time
options.
SUMMARY:
In an attempt to allow for greater public participation by Phase II cities, the Chair
has asked staff to explore possible options for a meeting time that would be allow
for greater participation by all member cities as well as to minimize traffic travel
times. Based upon an informal discussion with various members, staff is
recommending a start time from 4:00 pm to 11:00 am.
BUDGET IMPLICATIONS:
None at this time
MOM
TO:
FROM:
DATE:
SUBJECT:
Metro Gold Line Foothill Extension
Construction Authority
406 E. Huntington :�hve, Suite 202
Monrovz'- -' 91016 -3633
Agenda Item: 7.e.
Chair and Members of the Technical Advisory Committee
Ha . Balian, CEO
Marc 10, 2011
Monthly Project Status Report
RECOMMENDATION:
That the Technical Advisory Committee receive and file this report.
SUMMARY:
626 -471 -9050 ph
626 -471 -9049 fx
w^.faonili rtnsion.org
This report includes a summary of activities completed through Fevruary 2011.
BUDGET IMPLICATIONS:
None
: xecutive Officer:
labib F. Ballan
hief Executive Officer
�J
Prc
i. i�
� ky� -yak" ��y _ i� _ S �a ,��-'t''.,.i- rE•�'i�.,.`� �a �. .., _ D
y.• '� eft � �''�.^ -^"�° , �' '�. ixs '� ��� '_ �� ,: iz• -
t�
1
Metro Gold Line Connecting Los Angeles, the San Gabriel Valley and Inland Empire
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
TABLE OF CONTENTS
PHASE 11 FOOTHILL EXTENSION PROJECT STATUS
ProjectDescription ............................................................... ............................... 3
Pasadena to Azusa Segment .................................................... ............................... 4
ManagementIssues .................................................... ............................... 4
Key Activities Completed This Period ................................ ............................... 5
KeyFuture Activities ................................................ ............................... 6
Critical Path Schedule .............................................. ............................... 7
Critical Path Float Trend ........................................... ............................... 8
Iconic Freeway Structure Contract Status ....................... ............................... 9
Azusa to Montclair Segment ............................................... ............................... 10
OntarioAirport Segment .................................................... ............................... 11
FinancialStatus .............................................................. ............................... 12
Page 2 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
FOOTHILL EXTENSION PROJECT DESCRIPTION
The Authority's mandate is to plan, design and construct a 37 -mile light rail link between Downtown Los
Angeles and Claremont. In addition, the San Bernardino Associated Governments (SANBAG) has requested
that planning be extended one mile inside San Bernardino County to the City of Montclair and then to Ontario
Airport.
The Metro Gold Line Phase II (Foothill Extension) corridor includes the cities of Pasadena, Arcadia, Monrovia,
Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Montclair; and the
counties of Los Angeles and San Bernardino (Figure 1). The Foothill Extension is estimated to cost
approximately $1 billion_
The Foothill Extension will be built in two segments to align effectively with projected cash flows and financial
capacity constraints. The first segment is defined from the Sierra Madre Villa Station in Pasadena to the city of
Azusa. Revenue service along this segment is planned for the year 2014. The second segment would include
an extension from Azusa to the City of Montclair with revenue service projected for the year 2017 and the third
segment will be comprised of an extension from Montclair to the Ontario Airport.
� #• i - y,� ��' � . s° .,� i`^„"�sn ¢�� € �.; �� .�'-z � ",' .sue -. f.� s ;w � + "c � '' v
^#' ' aa:i 4 „t�ry ,r s a � _ .T , , �'i},. •�_ �c , � a ?� a. ' s s a � �. • ,:< � "'*'
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Figure 1: Metro Gold Line Foothill Extension Alignment
Page 3 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
Pasadena to Azusa Segment
MANAGEMENT ISSUES
BNSF Agreement
Metro continues to negotiate the BNSF Service Loss /Shared Corridor Agreement, which is needed prior to
issuing a Notice to Proceed to the C1135 - Foothill Alignment Design /Build Contractor. Negotiation
meetings between Metro and BNSF have produced a set of terms and agreement in principle. In December
2010, the Metro Board approved the terms of the agreement. Metro and BNSF will continue negotiations
and target an executable agreement by March 2011.
Army Corps of Engineers Permit
The United States Army Corps of Engineers (USACE) requires the Authority to obtain four permits to permit
the construction of a new bridge across the San Gabriel River. Coordination with the Army Corps of
Engineers has continued during the reporting period. The Authority has moved ahead with the
environmental, hydraulic, structural and regulatory elements of the permit requirements. Staff provided a
field tour of the site, submitted a draft of the environmental "Purpose & Need" statement and submitted a
jurisdictional delineation report. The Authority and the Corps have agreed upon a Memorandum of
Agreement regarding the use of Section 214, which will provide funding to the Corps for review of the
aforementioned permits.
Caltrans Master Cooperative Agreement (MCA)
Caltrans returned comments for the MCA in December 2010. The Metro Gold Line Construction Authority
has prepared a revised proposed agreement, which considers the Caltrans comments. The proposed
agreement was sent to Caltrans for a final review on February 7, 2011. The Authority now expects the MCA
to be executed by March 2011.
SCRRA Master Cooperative Agreement (MCA)
On February 8, 2011, the MCA between SCRRA and the Authority was executed. This item will be
removed from the management issues section in the next report.
Page 4 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
KEY ACTIVITIES COMPLETED THIS PERIOD
Staff continued reviewing the locations of utilities and identifying those that could potentially be obstructing the
path of the extension. Staff has compiled a list of the utility companies that are operating in each of the
respective cities along the extension and are reviewing any prior agreements with the companies in an effort to
assign cost responsibility.
Staff continued to develop conceptual designs for the project's parking facilities.
Authority staff continued to update the C1135 contract documents, including those pertaining to environmental
(ESA), noise /vibration, structure, drainage, trackwork, civil, and ROW (right -of -way) issues.
Applications were submitted to the project stakeholders (corridor cities, Metro, SCRRA, and BNSF) for all
remaining grade crossings. Signatures have been obtained from all stakeholders except for Metro and SCRRA
for the at -grade crossings in Azusa. Once the applications are signed, they will be submitted to the California
Public Utilities Commission (CPUC) for approval.
Staff continues to attend coordination meetings with cities along the alignment.
Held regular coordination meetings with the C1134 (DB1) Design/Build contractor.
Authority staff continued evaluation of proposals received January 27th for the C1135 (DB2) contract.
Held discussions with C1135 (DB2) proposers.
Released the January 28th Addendum 6 and the February 11th Addendum 7 for the C1135 (DB2) RFP.
Executed Master Cooperative Agreement with SCRRA.
Executed Memorandum of Understanding with AT&T.
Executed Utility Cooperative Agreement with Southern California Gas Company.
Staff and the U.S. Army Corps of Engineers executed the Memorandum of Agreement for use of Section 214
funding.
Staff prepared an estimate for the Colorado Bridge and Arcadia Station Betterments.
Staff continued M&O Facility property acquisition and geotechnical investigation.
Metro and BNSF continued to work toward reaching an agreement in principle for the discontinuation of service
from Santa Anita Boulevard to San Gabriel River Bridge.
Authority staff continues to meet with Metro staff to review and discuss the following items:
• Review of status of Pasadena to Azusa segment procurement
• Agreement between Metro and the BNSF Railway
Page 5 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
KEY FUTURE ACTIVITIES
Staff will continue discussions with corridor cities regarding station parking facilities.
Staff will continue the management of the IFS contract, which will include evaluation of design and construction
submittals.
The Authority will continue to update the Advanced Conceptual Engineering drawings, as necessary.
Staff will continue to attend to any issues that may come up by the cities along the alignment.
Staff will continue to develop the utility matrix to identify long lead work items.
The Authority will continue to negotiate MCAs with Caltrans and the Los Angeles County Sanitation District.
The Authority will continue to work closely with LACMTA to finalize the agreement with BNSF regarding
discontinuance of freight service west of Irwindale and relocation of existing sidings, including those serving
the Totten Tubes facility.
The Authority also plans to finalize the following property acquisitions:
• TPSS 01 site
o Appraisal completed. Initial offer sent 2/2/2011.
• Arcadia Parking Site
1. 45 E. Santa Clara —Counteroffer (second offer) presented to seller 1/28/2011
2. 39 E. Santa Clara — Closed Escrow.
3. 214 N. Santa Anita (REI Parcel) — Seller conducting review appraisal before responding to
Authority's initial offer of $165,000.
• TPSS 03 site - Planning to meet with seller to review new lot lines before proceeding.
• Mountain Avenue re- alignment
1. 1806 Mountain Avenue, Duarte — Homeowner contacted. Preparing Notice of Decision to
Appraise.
2. 1812 Mountain Avenue, Duarte — Homeowner and tenants contacted. Preparing Notice of
Decision to Appraise.
• TPSS 05 site — Informed seller agency of Construction Authority's intent to acquire.
• TPSS 06 site — Proposed plans for placement on Metro -owned property were approved by Metro. No
land purchase required.
• TPSS 07 site
1. 833 W. Sixth Street —Bank owned property. Initial letter of interest sent to bank. Ready to
appraise.
2. 845 W. Sixth Street— Initial meeting with homeowner held in December. Ready to appraise_
• Rosedale Land Parcels
1. Lots L & K — Purchase and sale agreement being reviewed by seller (Rosedale Land
Partners).
2. Citrus Parking Lot — Talks with the City of Azusa to establish preferred parcel configuration
before beginning negotiations with Rosedale Land Partners.
Page 6 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
I`DITIrAl PATH Ar-14 ULF
Page 7 of 12
1iY11 Fw
w.e
my mn mu 1 mts 1 m1A 2@ts
PRIMARY CRMCAL PATH
FOOTHILL C1135 - ,
C1135- REQUEST FDR PROPOSAL
22r 71'. OLMI0A..".A7R11
0
C'135 -RE fOR PROPOSAL
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C1135 - —SUBSTANTIAL CwLE110 _ 1300 �"
C1135 •» SUBSTANTIAL COMPLETION • 1300 CD,
0
.
GUIDEWAY
RETAINING WALLS
RETAMING WALLS- DESIGN
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0
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BNSF ABANDON SERVICE AGREEMENT
BNSF ABANDON SERVICE AGREEMENT
267' 17 tOMAYtOA 31JANII ! 77
IN F
SERVICEAGREENIENT
Page 7 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
CRITICAL PATH FLOAT TREND
FLOAT
May -10 Jun -10 Jul -10 Aug -10 Sep -10 Oct -10 Nov -10 Dec -10 Jan -11
10
I
S- - -- - - - - - -- - -- - - - - -- - --
I
- -- -
FLOAT
-S - - - - - - -- - -- - - -- - -- -- - -- -- -
l
-10 - - -- - - -- - - - - -- - -- —
I
j
-15
-20
Critical Path Analysis
Primary Critical Path 1(0 Calendar Days)
Currently, the C1135 Procurement is the critical path and is on schedule to meet the Substantial Completion
date. The potential Design/Build Contractors submitted their proposals per the RFP requirements on January
27, 2011 and Contract Award is planned for April 2011.
Secondary Critical Path 1(21 Calendar Days)
The secondary critical path originates from the BNSF Abandon Service Agreement The agreement is
expected to be executed in advance of the award of the C1135 Design/Build contract. Metro is currently
preparing the final agreement for BNSF concurrence.
Project Float
The planned Substantial Completion date was revised from September 29, 2014 to November 28, 2014, which
is consistent with the planned contract duration for the C1135 Design/Build contract. The current schedule
reflects a forecast completion for Substantial Completion on November 28, 2014 and is on target with the
completion date; therefore the project float remains unchanged this period.
Page 8 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
Description: Iconic Freeway Structure Status: January 14, 2011
Contract No.: C1134 Contractor: Skanska
Progress Completed This Period:
Areas of Concern:
The Design/Builder received final type selection approval
The Design/Builder must reconcile the differences between the
from Caltrans and continues to advance the design towards
Metro and Caltrans design criteria. without resolution,
a 65% submittal in early March.
this issue could have a potential impact on the 65% design
submittal and the Substantial Completion milestone.
The Authority completed a review of the following submittals
this period: Payment Milestones - Final, CPM Schedule
Update No. 1, Public 8 Business Mitigation Plan, Project
Management Plan, QA/QC Plan Part 2, and Bridge Type.
Selection Report.
Schedule Assessment:
Cost Assessment:
Design work is progressing as scheduled with construction
The current contract cost forecast is $18.6 million. The forecast
scheduled to begin early August. Caltrans has authorized
is within the authorized budget of $18.6 million.
an earlier start on foundation work subject to advancement
of design.
The Design/Build Contractor continues to trend below the
maximum payment curve. The total earned to date is $1.6 Million,
and is 30 °k below the maximum payment available of $2.9 Million.
This is due to not completing non - critical payment milestone tasks
at this time.
The overall Percent Complete is 11.0 °k. No change orders have
peen lssueo to Date.
Schedule Summary:
Cost Summary: Mllion(s)
Contract Award: 06/18/10
CONTRACT
Contract Award Value: 18.6
Notice to Proceed (NrP) : 08/03/10
Executed Change Orders: 0.0
Current Contract Value: 18.6
Original Contract Duration: 880 Calendar Days
Potential Change Orders: 0.0
Current Forecast: 18.6
Current Contract Duration: 880 Calendar Days
Earned Value/Actual Cost to Date 1.6
Elapsed Time from NTP: 164 Calendar Days
Board Approval 18.6
Remaining Balance 0.0
oripral
cLrre,t
Milestones
Description
contract
Contract
Forecast
Variance
m
,.
1
Substantial Corrpietion
07/03/12
07/03/12
07/04/12
1
2
Purtchlist Cortple[e
10101n2
10ro1/12
10ro2/12
1
3
Final Acceptance
12x30/12
12130/12
121
0
wouuuanna+r — — �ar rFruu
Page 9 of 12
"
,o
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s
31/12
1
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Page 9 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
Azusa to Montclair Segment
Staff is working with Parsons Brinckerhoff to complete the Azusa to Montclair extension's final environmental
review.
ACTIVITIES COMPLETED THIS PERIOD
Parsons Brinckerhoff (PB) continues to prepare the technical reports necessary for the NEPA/CEQA
document. PB is approximately 75% complete with updating /refining conceptual engineering plans required for
the draft NEPA/CEQA document.
Four scoping meetings and an interagency scoping meeting were held January 12, 13, 19 and 20. Public
comments were taken and recorded at all meetings, and the public was encouraged to submit comment in
writing throughout the scoping period, which took place December 27, 2010 through February 2, 2011. All
comments are currently being consolidated and will be incorporated into the Scoping Report to be published by
the end of February/early March.
KEY FUTURE ACTIVITIES
PB will continue to work on updating the technical reports for the NEPA/CEQA documents. The team will draft
responses and address them as part of the draft EIS /EIR documents. Additional meetings are being
scheduled with Cities to refine station and parking alternative(s). In collaboration with Cities, the team plans to
hold public workshops to discuss alignment and station concepts. Workshops are anticipated to take place in
April 2011.
Federal Transit Administration (FTA)
The Metro Board excluded the Gold Line from seeking federal New Starts funding. The Authority will work
together with Metro along with the Congressional delegation to seek additional funding.
Page 10 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending — February 15, 2011
Ontario Airport Segment
Authority staff continues the negotiation process with KOA Corporation for the Ontario Airport segment
alternatives analysis study which will likely begin later this year.
ACTIVITIES COMPLETED THIS PERIOD
Staff continued to pursue funding related to the Ontario Airport Segment.
KEY FUTURE ACTIVITIES
Authority staff will work to obtain funding for this Segment and complete negotiations with KOA.
Page 11 of 12
METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY
Monthly Foothill Extension Project Status Report
Period Ending - February 15, 2011
PHASE II FOOTHILL EXTENSION FINANCIAL STATUS
Project Operating Budget Summary
in Millions of Dollars
February 15, 2011
(a)
( b)
(c =a -b)
(d)
Funding
Committed to
Uncommitted
Revenues
FINANCIAL PLAN
Current Budget
Project
Funds
Received
SCAG
1.0
0.9
0.1
0.9
Interest Income
2.0
2.0
-
2.0
Bridge Replacement
13.9
13.9
-
13.9
Phase I Carryover
4.0
4.0
-
4.0
Maintenance and Operations Facility
-
-
-
-
Cities
11.0
-
11.0
-
Measure R - Pasadena to Azusa
735.0
690.0
45.0
15.6
Measure R - Azusa to Montclair
45.0
-
45.0
-
SANBAG
55.2
1.5
53.7
1.5
Federal TCSP
2.9
2.9
-
1.5
Federal Bus Intermodal Plan
9.0
6.0
3.0
0.7
Federal New Starts 2004 MTA Passthrough
4.0
4.0
-
4.0
Federal New Starts 2005 MTA Passthrough
0.5
0.5
-
0.5
Federal New Starts 2006 Corridor Study
2.5
2.5
-
1.4
Federal /Other
281.0
-
281.0
-
Total Revenues
1,167.0
728.2
438.8
46.0
(a)
(b)
(c)
(d =a -b)
Current
Current
Current
Current
Budget
Obligation
Expenditures
Available Balance
EXPENSES
Program Management and Administration
91.7
35.0
32.8
56.7
Master Cooperative Agreements
12.0
-
-
12.0
Real Estate including ROW Acq
30.0
30.0
Special Programs
0.3
-
-
0.3
ProcurementNehicles
60.0
-
-
60.0
Maintenance and Operations Facility Land
20.0
20.0
Construction - IFS
18.6
18.6
2.1
-
Construction - Parking Structures
31.0
31.0
Construction Pasadena to Azusa - M &O
367.4
-
367.4
Construction Azusa to Montclair
405.0
405.0
MTA Project Costs
66.0
-
0.2
66.0
Contingency
44.0
-
-
44.0
Project Resene/Financing
21.0
-
-
21.0
Total Project
1,167.0
53.6
35.1
1,113.4
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