The URL can be used to link to this page

Home My WebLink About6418 . .j -~ " RESOLUTION NO. 6418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AMENDMENT ONE TO THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY JOINT POWERS AGREEMENT, REPLACING THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS AS AN AUTHORIZED MEMBER OF THE GOVERNING BOARD. WHEREAS, the Blue Line Construction Authority ("BLCA") was formed in 1998 in accordance with Public Utilities Code 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 Gold Line by the Los Angeles County Metropolitan Transportation Authority in November 2001; and WHEREAS, the cities of Arcadia, Momovia, Duarte, lrwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont and Pasadena (collectively known as the "Phase II Cities"), the San Gabriel Valley Council of Governments ("SGVCOG") and the BLCA are engaged in planning efforts for light rail extension between Pasadena and Claremont ("Gold Line Phase II"); and '\ WHEREAS, the Gold Line Phase II Construction Authority Joint Powers Agreement ("JPA") was approved and executed by the Arcadia City Council on July 15, 2003; and . WHEREAS, the JPA was adopted by each Phase II City 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 6418 . WHEREAS, the San Bernardino Associated Governments ("SANBAG") 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, the SANBAG has agreed to abide by all rules and regulations stipulated in the adopted JP A; and WHEREAS, the SGVCOG has voted to forego its membership on the Governing Board of the Authority in favor ofthe SANBAG; and WHEREAS, the existing Governing Board of the Authority has affirmatively voted to transfer the SGVCOG membership to SANBAG; and WHEREAS, a unanimous affirmative vote is required by every Phase II legislative body to approve any and all amendments to the adopted JP A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Amendment One to the Gold Line Phase II Construction Authority Joint Powers Agreement, replacing the San Gabriel Valley Council of Governments with the San Bernardino Associated Governments as an authorized Member of the Gold Line Phase II Construction Authority Governing Board. SECTION 2. The City Council authorizes and directs the City Manager or his/her designee to take any and all necessary further actions to execute Amendment One on behalf of the City of Arcadia. 6418 SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 2nd ATTEST: A\ '. APPROVED AS TO FORM: . ~p~ City Attorney ofthe City of Arcadia day of March 2004. /' 6418 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6418 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 2nd day of March, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chang, Kovacic, Marshall, Wuo and Segal NOES: None ABSENT: None lsJ. 6418 AMENDMENT ONE JOINT EXERCISE OF POWERS AGREEMENT GOLD LINE PI-IAS~= " CONSTRUCTION AUTHORITY This Amendment One to the Joint Exercise of Powers Agreement for thc Gold Line Phase 1\ Construction Authority ("Amendment One") is approved and executed by the cun'ent members of the Gold Line Phase II Construction Authority as set forth in Exhibit I-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 Bemardino 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 ______ _~ Exhibi~ I-A s? ~pp,:?":.e this _A~endmentOne. n_ _ _ ____ _______ WITNESSETH: The parties hereto do agree as follows. Section I. 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 Govemment 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 SANI?AG 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 Montclair; c. The San Gabriel Valley Council of Govemments (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. Tenl1S Remain in Effect. All temlS 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# I 40770v2 Section 3. Rcplacement ofSGVCOG with SANBAG. In Section 5c in the third sentence delete the phrase "and the SGVCOG". In the heading for Section 5ddeletc the phrase "and SGVCOG Representatives". In Section 5d delete the second scntence 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 J 6. In the third sentence of Section 16 of the Agreement changc the word "dcsignate" to "identi fy". Section 5. Change to Interest Calculation Date. In Section 26c of the Agreement, change the date from which interest is (0 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. Pavment of Dues. The SANBAG and each Phase II City that iirdv[elTIbers of the Authority shall have all0bliga[jeiil to p,irficip<~te-illllie funding of the Authority and shall be responsible for the payment to the Authority of dues. The LACMT A 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 2ge. "c. Annual Dues. In March of2004, 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 affimlative vote of sixty percent (60%) plus one (1) of the Phase II 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 1 of LA#140770v2 each year, starting in 2004. The Phase II Cities and SAN BAG 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 ll, 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 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 affimlative vote of sixty percent (60%) plus one (1) of the SANBAG and the Phase 1I Cities that are cun'ent 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 Clm-ent 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. Counterparts. This Amendment One may be executcd 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: U1t\lM4 Mayor/Chief Executive Officer/ Executive Director ATTEST City Clerk! eo etary / <-';-;-f/.<.A. J- 7', ;Lt.1 (J Y Date LA#140nOv2 EXHIBIT I-A Cun-ent Members oCthe Gold Line Phase 11 Construction Authority Arcadia Azusa Claremont Duarte Glendora Irwindale LaVeme Monrovia Pomona San Dimas South Pasadena LA# 140770v2