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Home My WebLink About6075 RESOLUTION NO. 6075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the San Gabriel Valley Council of Governments ("SGVCOG") was established by that certain Joint Powers Authority Agreement entered into as of March 1, 1994; and WHEREAS, the SGVCOG is contemplating the approval of the Alameda Corridor - East, 9ateway to America Project ("Project"); WHEREAS, the SGVCOG is in the process of undertaking environmental review of such Project and is in the process of seeking and receiving funds for the Project; and WHEREAS, any funds received by the SGVCOG for the Project will include restrictions and responsibilities concerning such funds, imposed by Federal, State and local entities, requiring the SCVCOG to monitor and control the spending of such funds; and WHEREAS, the administration of the Project and the day-to-day implementation of the Project will require significant time and effort, which would detract from the SGVCOG Governing Board's other duties and responsibilities; and WMEREAS, the First Amendment to San Gabriel Valley Council of Governments Joint Powers Authority Agreement would create the Alameda Corridor East - Construction Authority which would have responsibility for the day-to-day implementation of the project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RES LOVE AS FOLLOWS: SECTION 1. That the First Amendment to San Gabriel Valley Council of Governments Joint Powers Authority Agreement, attached hereto and incorporated herein by this reference, is approved and adopted. SECTION 2. The City Clerk shall certify to the adoption of this resolution. -1- 6075 Passed, approved, and adopted this 15th day of September:01998. ~A:t;A .ht/zU~ M r of t City of Arcadia a \ APPROVED AS TO FORM! 71JuJ;UuL /1. Ylk City Attorney of the City of Arcadia -2- 6075 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, June D. Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6075 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 regular meeting of said Council held on the 15th day of September, 1998 and that said Resolution was adopted by the following vote, to wit: AYeS: Councilmember Chandler, Harshall, Roncelli.and Kovacic NOES: None ABSENT: Councilmember Harbicht y of Arcadia -3- 6075 FIRST AMENDMENT TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT This First Amendment to San Gabriel Valley Council of Governments Joint Powers Authority Agreement ("Amendment") is entered into by and between the members of the San Gabriel Valley Council of Governments ("SGVCOG") and is intended to amend that certain Joint Powers Authority Agreement ("JP A Agreement") entered into by and between the members of the San Gabriel Valley Council of Governments, effective March I, 1994. This Amendment is entered into with respect to the following facts: RECITALS ,. I. Whereas the SGVCOG was established by that certain Joint Powers Authority Agreement entered into as of March I, 1994; and 2. Whereas the SGVCOG is contemplating approval of the Alameda Corridor - East, Gateway to America Project ("Project"); and 3. Whereas the SGVCOG is in the process of undertaking environmental review of such Project and is in the process of seeking and receiving funds for the Project; and 4. Whereas any funds received by the SGVCOG for the Project will include restrictions and responsibilities concerning such funds, imposed by Federal, State and local entities, requiring the SGVCOG to monitor and control the spending of such funds; and 5. Whereas the administration of the Project and the day-to-day implementation of the Project will require significant time and effort, which would detract from the Governing Board's other duties and responsibilities. NOW, THEREFORE, the members of the SGVCOG do hereby agree as follows: SECTION 1. The JP A Agreement is hereby amended to include the following language: "Section 27. Alameda Corridor - East. Gatewav to America Construction Authoritv. a. In addition to the Governing Board of the Council, there shall be an Alameda Corridor - East, Gateway to America Construction Authority (the "ACE Construction Authority"). The ACE Construction Authority shall have responsibility for the day-ta-day implementation of the Alameda Corridor - East, Gateway to America Project (the "Project") as ultimately adopted and approved by the Governing Board pursuant to Federal, State and local regulations. To facilitate such implementation of -4- 6075 the Project, the ACE Construction Authority, upon the assignment of funds to it and subject to such restrictions imposed by Federal, State and local Governmental entities and by the SGYCOG Governing Board, shall have the following powers to act on behalf of the San Gabriel Yalley Council of Governments: (1) To make and enter into contracts, including public works contracts and contracts for design, materials and construction, and for the services of engineers, consultants, planners, and single purpose public or private groups, on behalf of and in the name of the SGYCOG; (2) To employ agents, officers and employees; (3) To aCfluire, by purchase or eminent domain, construct, reconstruct, rehabilitate, maintain in whole or in part, on behalf of and in the name of the SGYCOG, land, facilities and appurtenances necessary or convenient for the completion of the Project; (4) To lease, manage, maintain, and operate on behalf of and in the name of the SGYCOG any buildings, works or improvements; and (5) To provide for or obtain insurance for the SGYCOG and members of the ACE Construction Authority, and their' agents, officers, and employees. b. The powers of the ACE Construction Authority shall be exercised only in furtherance of the Project and may be further limited and/or expanded by the SGYCOG by-laws, as adopted or amended by the Governing Board. c. The ACE ConStruction Authority shall be comprised of nine (9) members, the qualifications for which shall be set forth in the by-laws. The ACE Construction Authority shall consist of one member from each municipal jurisdiction within which the Project, or any phase thereot; will be constructed; one member from each non-member jurisdiction: (the City of Los Angeles, the County of Los Angeles and the City of Pi co Rivera); and the Presideni of the SGYCOG, or his or her delagee. For non-SGYCOG member jurisdictions, participation on the Committee shall require an agreement between the non-member jurisdiction and the SGYCOG by which the non-member jurisdiction agrees to be bound by this Amendment and the SGYCOG by-laws governing the ACE Construction Authority. d.' It is contemplated that the SGYCOG will receive funds to be used for the Project from various federal, state and local funding sources and that the -5- 6075 receipt of such funds will be conditioned by regulation, law or agreement. The Governing Board shall have control of all such funds until such time as responsibility for management and/or use of the funds is transferred to the ACE Construction Authority by the Board by appropriate Board Action. Such Action, in additional to the delegation of annual budgeting authority, may contain restrictions on the use of such funds and on the 0 ACE Construction Authority, in addition to any found in the Board- adopted by-laws, and as is required 'by Federal, State and local entities and the SGVCOG. e. The ACE Construction Authority may be dissolved by the Board upon a majority (50% + 1) vote. In the event that the Committee is dissolved by the Board, the Board shall succeed to the rights, responsibilities, obligations and duties of the ACE Construction Authority." SECTION 2. This Amendment to the San Gabriel Valley Council of Governrnents Joint Powers Agreement shall be effective September 17, 1998 iffifty percent (50%) plus one (1) of the members of the SGVCOG have signed this Amendment by that date. Ifnot, then the effective date shall be the first date upon which fifty (50%) plus one (I) of the . members sign this Amendment. This Amendment may be executed in counterparts. The members of the San Gabriel Valley Council of Governrnents have caused this Amendment to be executed on their behalf, respectively, as follows: City of Arcadia ~AA~ .A. f#lht-t'/-(!/ Maybr Attest: ~ J ~-S< (/ City Cle,BY , -6- 6075