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HomeMy WebLinkAboutItem 1d: Adopt Resolution No. 6854 approving amendment three to the Gold Line Phase II Joint Powers Authority Agreement.`E STAFF REPORT Development Services Department DATE: November 20, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directorn-V- Philip A. Wray, Deputy Director of Development Se3A- SUBJECT: ices /City EngineeW By. Linda Hui, Transportation Services Manager `\\�� RESOLUTION NO. 6854 APPROVING AMENDMENT THREE TO THE GOLD LINE PHASE II JOINT POWERS AUTHORITY AGREEMENT Recommendation: Adopt SUMMARY Amendment Three to the Gold Line Phase II Joint Powers Authority (JPA) Agreement will allow the City of Montclair to join the JPA as an active voting member of the Gold Line JPA Board. Amendment Three also includes the reinstatement of annual membership dues in the amount of $3,000 per agency, and the reinsertion of the City of Pasadena as a founding member, which was removed through an administrative error. It is recommended that the City Council adopt Resolution No. 6854 approving Amendment Three to the Gold Line Phase II JPA Agreement. BACKGROUND The Gold Line Phase II Joint Powers Authority was formed pursuant to Section 6500 et seq. of the Government Code with the goal and intent to create a partnership between the existing Metro Gold Line Construction Authority (Authority) Board and the Phase II cities, and to grant each city active oversight and participation in the decision making process on matters impacting their jurisdiction. The City of Arcadia is one of 14 member agencies of the Gold Line Phase II Joint Powers Authority (JPA). The Arcadia City Council adopted the Gold Line Phase II Joint Powers Authority (JPA) Agreement in June 2003. Amendment One soon followed in March 2004 whereby the San Gabriel Valley Council of Governments (COG) transferred its representation on the Metro Gold Line Governing Board to the San Bernardino Associated Governments (SANBAG). In 2007, the City of Ontario requested to join the JPA as an active member, leading to Amendment Two. Amendment Two also included suspension of the annual membership dues until further action by the JPA. Resolution No. 6854 November 20, 2012 Page 2 of 2 DISCUSSION On April 14, 2011, the JPA Board unanimously voted to extend invitations of membership to the JPA to the Cities of Montclair, Upland, and Rancho Cucamonga. Letters of invitation were sent to all cities along with the proposed Amendment Three. The Cities of Upland and Rancho Cucamonga have declined the invitation to join at this time, as the Gold Line Phase II project goes only as far east as the City of Montclair.. The City of Montclair accepted the invitation of membership to the JPA on August 16, 2011. The JPA Board also voted to have the City of Pasadena listed as a founding JPA member, correcting an administrative error made when the JPA expanded in March of 2004. Additionally, the JPA Board voted to reinstate the annual membership dues that were suspended in 2007. The annual dues will be $3,000 per city, which will commence in Fiscal Year 2013 -14 (July 1, 2013). Per the JPA Agreement, all members must unanimously approve any amendment for the Amendment to take effect. FISCAL IMPACT The annual membership dues of $3,000 will be included in the City budget starting Fiscal Year 2013 -14, using Proposition A/C funds. There will be no impact on the General Fund. RECOMMENDATION Adopt Resolution 6854 approving Amendment Three to the Gold Line Phase II Joint Powers Authority Agreement. APPROVED: omrnic Lazzar o City Manager Attachment: Resolution No. 6854 Gold Line Phase II JPA Agreement Amendment Three 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 Governments ( "SANBAG ") and the Metro Gold Line Foothill Extension Construction Authority are engaged in planning efforts for light rail extension between Pasadena and Montclair ( "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 member cities and agencies to complete the Gold Line Phase II light rail project; and WHEREAS, the Gold Line Phase II Joint Powers Authority 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; and WHEREAS, the City of Montclair ( "Montclair ") accepted an invitation of the JPA 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 stipulated in the JPA Agreement; and WHEREAS, the JPA Governing Board of the Authority has affirmatively voted to extend the membership to Montclair; and WHEREAS, the JPA Governing Board of the Authority has unanimously voted to reinstate the annual membership dues; and WHEREAS, the City of Pasadena was a founding member of the Joint Powers Authority and by an administrative error was removed and is at this time re- inserted; 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 ARCADIA, 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- inserting the City of Pasadena as a founding member. SECTION 2. The City Council authorizes and directs the City Manager or his designee to take any and all necessary actions to execute Amendment Three on behalf 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 day of November 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Agreement No. 12 -91 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 Gold Line Phase II Joint Construction Authority, a 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 the Amendment Three to be effective. WITNESSETH: The Parties hereto agree as follows: Section 1. Recitals. This Amendment Three is made and entered into with respect 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 light 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 cities and agencies to complete the Gold Line Phase II including a possible extension to the 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 and by an administrative error was removed and is at this time re- inserted and not subject to any other provisions state 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 Agreement for the Gold Line Phase II Joint Powers Authority ( "Agreement ") and that are not deleted or amended 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 modified by this Amendment Three. Section 4. Annual Dues. Section 29c (Annual Dues) of the Agreement is hereby reinstated after a three - fourths majority vote of the JPA Board Members at its April 14, 2011 Board Meeting. Annual Dues will be billed at the beginning of the fiscal year commencing fiscal year 2014 (July 1, 2013). AMENDMENTTHREE Page 1 of 5 Agreement No. 12 -91 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: Revenue: 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 4. 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, shall have approved and signed this Amendment Three. The effective date of Montclair's membership in the JPA shall be the first date on which each of the current members of the Joint Powers Authority as well as the respective candidate city shall have approved and signed this Amendment Three. Section 4. 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. AMENDMENT THREE Page 2 of 5 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: Elliot 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, Clerk of the Board AMENDMENT THREE Page 3 of 5 Agreement No. 12 -91 The authorized representative of the City of Montclair has caused this Amendment Threeto be executed on the City of Montclair's behalf, respectively, as follows: City of Montclair By: Paul M. Eaton, Mayor ATTEST Dated By: Yvonne Smith, Deputy City Clerk AMENDMENT THREE Page 4 of 5 Agreement No. 12 -91 Exhibit 1 -B Current Members of the Gold Line Phase If 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