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HomeMy WebLinkAbout6570 RESOLUTION NO. 6570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AMENDMENT TWO TO THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY JOINT POWERS AGREEMENT, ADDING THE CITY OF ONTARIO AS AN AUTHORIZED MEMBER OF THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY WHEREAS, the Blue Line Construction Authority ("BLCA") was fonned in 1998 in accordance with Public Utilities Section 132400, et seq. for the purpose of planning, designing and constructing the Los Angeles - Pasadena Metro Blue Line light rail project extending from Union Station in the City of Los Angeles to the City of Claremont; and WHEREAS, the Los Angeles - Pasadena Metro Blue Line was renamed the Metro Gold Line by the Los Angeles County Metropolitan Transportation Authority in November 2001; and WHEREAS, the cities of Arcadia, Monrovia, Duarte, lrwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont and Pasadena (collectively known as the "Phase II Cities"), the San Bernardino Associated Governments ("SANBAG") and the BLCA are engaged in planning efforts for light rail extension between Pasadena and Montclair (Gold Line Phase II); and WHEREAS, the Gold Line Phase II Construction Authority Joint Powers Agreement ("JPA Agreement") was approved and executed by the City of Arcadia on June 17,2003; and WHEREAS, the JPA Agreement was adopted by each Phase II City and SANBAG, and the Gold Line Phase II Construction Authority ("Authority") was formed effective September 15, 2003, pursuant to Section 6503,5 et seq, of the Government Code, to represent the interests of Phase II Cities; and WHEREAS, the City of Ontario ("Ontario") submitted a request to join the Authority as a voting member, and has agreed to pay annual dues and assume all financial and advisory responsibilities; and WHEREAS, Ontario has agreed to abide by all rules and regulations stipulated in the JP A Agreement; and WHEREAS, the Governing Board of Authority has affirmatively voted to accept the request of Ontario to join the Authority; and WHEREAS, a unanimous affirmative vote is required by the legislative body of each member of the Authority to approve any and all amendment to the JP A Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 2 6570 SECTION 1. The City Council hereby approves Amendment Two to the Gold Line Phase II Construction Authority Joint Powers Agreement, a copy of which is on file with the Office of the City Clerk, adding the City of Ontario as an authorized Member of the Gold Line Phase II Construction Authority, SECTION 2, The City Council authorizes and directs the City Manager or his/her designee to take any and all necessary actions to execute Amendment Two on behalf of the City of Arcadia. SECTION 3, The City Clerk shall certify to the adoption of this Resolution, Passed, approved and adopted this lstday of May 2007. ~"~"~ Mayor of the' City f Arc dia ATTEST: 4c/l;3. ~ ity Clerk of the City of Arcadia APPROVED AS TO FORM: , ~p,~ Stephen p, Deitsch City Attorney 3 6570 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H, BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No, 6570 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a continued adjourned regular meeting of said Council held on the I st day of May, 2007 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None ~,JJf? ~ ity Clerk o( the City of Arcadia 4 6570 AMENDMENT TWO 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 II Joint Construction Authority, a Joint Powers Authority ("Authority") as set forth in Exhibit I-B, 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 l-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: a. 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 JP A. 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. Susoension 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 shaH be the first date on which each of the current members of the JPA, as listed in Exhibit I-B, 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. Countemarts, This Amendment Two may be executed in several counterparts, and aH 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 Dated By: Roger Chandler, Councilman Dated By: Jon Blickenstaff, Mayor City of Azusa City of Monrovia By: Diane Chagnon, Mayor City of Claremont Dated By: Rob Harnmond, Mayor Date City of Pomona By: Peter Yao, Mayor City of Duarte Dated By: George Hunter, Councilman Date San Bernardino Associated Governments By: John Fasana, Councilman City of Glendora Date Dated By: Paul Eaton, Board Member City of San Dimas By: Doug Tessitor, Mayor City of Irwindale Date Dated By: Denis Bertone, Councilman City of South Pasadena By: Julian Miranda, Mayor Dated By: Odom Stamps, Councilman Date ATTEST By: Chris Lowe, Clerk of the Board 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: City of Ontario ATTEST By: Paul Leon, Mayor Dated By: Mary E. Wirtes, Clerk D Exhibit I-B Current Members of the Gold Line Phase II Joint Powers Authority Arcadia Azusa Claremont Duarte Glendora lrwindale La Verne Monrovia Ontario Pomona San Bernardino Associated Governments (SANBag) San Dimas South Pasadena I, ~ ',il rl\, ' o I <oLf-lf 0