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HomeMy WebLinkAbout12. Amend Orangeline JPA AGENDA MEMO DATE: May 25, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Shannon DeLong, Special Projects Coordinator SUBJECT: ORANGELINE DEVELOPMENT AUTHORITY RESOLUTION ADOPTING THE SECOND JOINT EXERCISE OF POWERS AGREEMENT RECOMMENDATION: That the City Council adopt the attached Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA ADOPTING THE SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY BACKGROUND The Orangeline Development Authority is a Joint Powers Agency formed to pursue development of a high speed transit system in Southern California. The City Council approved a resolution authorizing the City of Downey to enter into the Joint Exercise of Powers Agreement for the Orangeline Development Authority on December 10, 2002. The Council approved the first amendment to the Joint Powers Agreement on January 25, 2005. Currently, there are 13 voting members of the Authority: Artesia, Bell, Bellflower, Cerritos, Cudahy, Downey, Glendale, Huntington Park, Maywood, Paramount, Santa Clarita, South Gate and Vernon. For financial reasons, two cities (Los Alamitos and Palmdale) have recently resigned membership in the Orangeline Development Authority. Supporting (non-voting) agencies include Caltrans District 7, Metropolitan Transportation Authority (Metro), and the Gateway Cities Council of Governments. DISCUSSION At the April 14, 2010 Orangeline Development Authority meeting, Board Members approved the Second Amendment to the Joint Exercise of Powers Agreement. The changes enacted by the amendment are as follows: 1. Officially alters the description of the Orangeline project to read “an environmentally friendly, grade separated, state-of-the-art high speed transit system” in Southern California, instead of limiting the project solely to a magnetically levitated (“Maglev”) system. CITY OF DOWNEY, CALIFORNIA Orangeline Development Authority May 25, 2010 Page 2 2. Expands the eligible members from cities and counties to allow joint powers authorities and other public agencies to join the Board of Directors as voting members (presently, the Burbank-Glendale-Pasadena Airport Authority is considering membership). 3. Adds non-voting representatives to the Board of Directors from entities such as the Orange County Transportation Authority, the Los Angeles Metropolitan Transit Authority, Caltrans, Southern California Association of Governments, and “other agencies as determined by the Board.” 4. Allows the Board to set member participation reimbursement (stipends) by vote of the Board rather than requiring an amendment of the by-laws. Currently, the by-laws set the Board Member stipend at $100 per meeting. 5. Modifies the criteria for selecting the Board Chair, Vice Chair and Treasurer/Auditor. The amendment removes the requirement that the Chair and Vice Chair represent Authority members from different counties. The change also deletes the provision allowing the Deputy Executive Director of the Gateway Cities Council of Governments to function as the Treasurer and Auditor of the Authority, and instead requires that the Treasurer/Auditor either be an employee of the Orangeline Development Authority or be an officer or employee of a Member Agency. FISCAL IMPACT Over the past seven years, the City of Downey has used Proposition A transit funds to pay $67,794.71 in membership fees for the Orangeline Development Authority. In the upcoming 2010-11 fiscal year, membership fees have been budgeted at $10,000, to be paid from Proposition A funds. Attachments: Resolution Second Amendment to the Joint Exercise of Powers Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, ADOPTING THE SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY WHEREAS , The City of Downey has already taken action to join the Orangeline Development Authority as a voting member. WHEREAS , the Orangeline Development Authority adopted the Second Amended Joint Exercise of Powers Agreement to: Facilitate the growing membership of the Authority by creating more flexibility in the membership requirements for the Authority in order to permit governmental agencies, in addition to cities and counties, to become members; Update the definition of the Orangeline Development Authority project; Include additional agencies as potential non-voting members of the Board; Modify language regarding the payment of stipends to Board members; Modify language regarding the criteria for the selection of the Board Chair, Vice Chair, and Treasurer/Auditor WHEREAS , the City of Downey agrees with the proposed changes to the Second Amended Joint Powers Agreement of the Orangeline Development Authority and desires to adopt said agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . The Second Amended Joint Exercise of Powers Agreement, attached hereto as Exhibit “A” is hereby approved as to form and content. SECTION 2 . The Mayor is authorized to execute the Second Amended Joint Exercise of Powers Agreement on behalf of the City and to forward the executed original to the Secretary of the Orangeline Development Authority. SECTION 3 . The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this ___ day of _____________, 2010. ANNE M. BAYER, Mayor ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk Resolution No. Page 2 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the ___day of ___________, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: KATHLEEN L. MIDSTOKKE, City Clerk