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