Resolution No. 8267' r AL r
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RESOLUTION NO. 8267
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN ORANGE LINE DEVELOPMENT AUTHORITY JOINT EXERCISE
OF POWERS AGREEMENT AND APPROVING THE CITY'S MEMBER
DUES
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, on February 5, 2003, the City Council of the City of
Vernon adopted Resolution No. 8138 supporting the City's participation
in the formation of a joint powers agency to examine the feasibility of
a high-speed magnetic levitation or "maglev" train line that would run
from Downtown Los Angeles through the southeast portion of Los Angeles
County and into Orange County (the "Orange Line Project"); and
WHEREAS, pursuant to California Government Code Section 6500
et seq., the City is authorized to enter into an agreement with one or
more other public agencies to jointly exercise any power common to the
contracting parties and to create an agency or entity which is separate
from the parties to administer the agreement; and
WHEREAS, various cities within Los Angeles County and Orange
County propose creating and becoming members of an Orange Line
Development Authority, a Joint Powers Agency, to plan, finance,
acquire, construct, improve and operate transportation facilities and
improvements to the Orange Line Project; and
WHEREAS, in accordance with Resolution No. 8138, the City
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Administrator worked with various municipalities and agencies to
finalize an agreement for the formation of the Orange Line Development
Authority; and
WHEREAS, the City Council intends to approve the execution
of a Joint Exercise of Powers Agreement subject to the understanding
that before any property within the City boundaries can be taken by
eminent domain, the City Council would have to approve such action;
and
WHEREAS, the City's annual contribution has been established
as Seven Thousand Four Hundred Five Dollars and No Cents ($7,405.00);
and
WHEREAS, the City's participation in the Orange Line
Development Authority will substantially benefit the residents and
businesses in the City and will provide benefits to the Southeast
region by improving.the transportation network in the region; and
WHEREAS, the City Council does not by this.resolution
relinquish any of its duly constituted powers to regulate and govern
its own territory, to require franchises from any railroad which may
cross its territory, or to regulate the streets and highways within
the City; and
WHEREAS, by letter dated August 14, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk has recommended that the
Joint Exercise of Powers Agreement be executed, representatives be
appointed and membership fees be paid in accordance therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds and declares that the actions authorized hereby constitute a
valid exercise of the powers of the City under the laws of the State
of California and under the Charter of the City of Vernon.
SECTION 3: The City Council of the City of Vernon hereby
approves the Joint Exercise of Powers Agreement creating the Orange
Line Development Authority, a Joint Powers Agency with various cities
in Los Angeles and Orange Counties, a copy of which is attached hereto
as Exhibit "A:" and made apart hereof.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the annual membership fee of Seven Thousand Four Hundred
Five Dollars and No Cents ($7,405.00).
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send two fully executed
Agreements, along with a cover letter explaining the City's
understanding of the condemnation provision and the membership fee to:
Orange Line Development Authority
Attn. Michael G. Colantuono, General Counsel
7300 Alondra Boulevard, Suite 201
Paramount, CA 90723
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of August, 2003.
ATTEST
BRUCE V. MALKENHORST, City Clerk
LEONIS C. BURG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8267, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
August 21, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
BRUCE V. MALKENHORST, City Clerk
I (SEAL)
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EXHIBIT
0
ORANGE LINE DEVELOPMENT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
}
TABLE OF CONTENTS
Page No.
ARTICLE I DEFINITIONS.................................................................................................. 2
Section1.1. Definitions........................................................................................... 2
ARTICLE II GENERAL, PROVISIONS..........................................:.................................... 3
Section 2.1. Creation of Authority ....................................
Section2.2. Purpose...................................:............................................................. 4
ARTICLEIII POWERS........................................................................................................ 4
Section 3.1. General Powers . .................................. :................................................. 4
Section 3.2. Specific Powers............................................_........................................ 5
(a) Financial............................................................................................5
(1) Annual Budget........................................................................ 5
(2) Accounts.................................................................................5
(3) Expenditures Within Approved Annual Budget ...................... 5
(4) Disbursements........................................................................6
(5) Audit......................................................................................6
(6) Securities.............................................:..................................6
(7) Liabilities................................................................................6
(8) Hold Harmless and Indemnification ........................................ 6
(b) Condemnation....................................................................................7
(c) Parkland Maintenance......................................................................... 7
(d) Manner of Exercise............................................................................ 7
(e) Compliance with CEQA and NEPA................................................... 7
(f) Contributions......................................................................................7
(g) Expulsion...........................................................................................7
(h) Withdrawal ................................................. ........................................8
(i) Termination of Authority ...... :............................................................. 8
(1) Causes.................................................................................... 8
(2) Limitations............................................................................. 8
(3) Distribution of Funds and Property ......................................... 9
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ARTICLE IV ORGANIZATION.......................................................................................... 9
Section4.1. Members............................................................................................... 9
Section 4.2. Board ................................................... 9
(a) Composition.......................................................................................9
(b) Compensation and Expense Reimbursement ...... .............................10
(c) Voting..............................................................................................10
(1) Required Vote....................................................................... 10
(2) Proxy and Absentee Votes .................................................... 10
(d) Political Reform Act.........................................................................10
(e) Levine Act.......................................................................................10
(f) Principal Office................................................................................10
(g) Meetings.......................................................................................... I I
(1) Time and Place.....................................................................11
(2) Call and Conduct................................................................... I I
(h) Quorum............................................................................................11
(i) Rules................................................................ .............................II
(j) Minutes............................................................................................ I I
Section4.3. Officers ...............................................................:...............................11
(a) Chair and Vice-Chair.......................................................:................ I I
(b) Secretary ..........................................................................................11
(c) Treasurer and Auditor......................................................................12
(d) Executive Director............................................................................12
(e) Terms...............................................................................................12
(f) Additional Officers ...........................................................................12
Section 4.4. Bonding Requirements........................................................................12
Section 4.5. Status of Officers and Employees........................................................12,
Section4.6. Committees........................................................... ........................... 13
(a) Creation. .................. ...............................:.........................................13
(b) Meetings..........................................................................................13
ARTICLE V MISCELLANEOUS...................................................................................... 13
Section5.1. Amendments....................................................................................... 13
Section5.2. Notice................................................................................................. 13
Section 5.3. Attorney's Fees. .................................. ......................................_......... 13
Section 5.4. Successors ................ ......... 13
..................................................................
Section 5.5. Assignment and Delegation ................................. ....13
............................
Section 5.6. Counterparts ............... .......................13
...................................................
Section5.7. Severability.................................. ....................................................... 14
Section 5.8. Integration................................................................. 14
Section5.7. Eiecution ........................................... ................................................ 14
...
ORANGE LINE DEVELOPMENT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
. THIS JOINT EXERCISE OF POWERS AGREEMENT (this "Agreement"), is made and
entered as of the _ day of , 2003, being the first date on which any two of the
following public agencies (hereinafter "Members") have executed this Agreement creating the
Orange Line Development Authority:
(a) City of Los Angeles
(b) City of Vernon
(c) City of Huntington*Park
(d) City of Maywood
(e) City of Bell
(f) City of Cudahy
(g) City of South Gate
(h) City of Downey
(i) City of Paramount
(j) City of Bellflower
(k) City of Cerritos
(1) City of Artesia
(m) City of La Palma
(n) City of Buena Park
(o) City of Cypress
(p) City of Stanton
(q) City of Anaheim
(r) City of Garden Grove
(s) City of Santa Ana
(t) City of Huntington Beach.
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WITNESSETH:
WHEREAS, the Members are each authorized -and empowered to plan, finance, acquire,
and construct and operate transportation facilities and issue bonds to provide the funds therefor,
and
WHEREAS, the Members are authorized and empowered to enter into public -private
partnerships pursuant to which revenue -generating public accommodations, infrastructure, and
services can be designed, funded, constructed, and operated; and
WHEREAS, the Act provides that two or more public agencies may by agreement jointly
exercise any powers common to the parties to the agreement and may by that agreement create
an entity which is separate from the parties to the agreement; and
WHEREAS, the parties to this agreement have each determined that an agency for the
joint exercise of their common powers shall be formed to exercise their respective powers for the
purpose of establishing one or more public -private partnerships to plan, finance, acquire,
construct and operate transportation facilities adjacent to or within the boundaries of the
Members.
WHEREAS, by this agreement, the Members desire to create and establish the Orange
Line Development Authority for the purposes set forth herein and to exercise the powers
described herein and as provided by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. For the purposes of this Agreement, the following words
shall have the following meanings:
"Act" means the Joint Exercise of Powers Act of the State of California, California
Government Code Sections 6500-6599.2, inclusive, as it now exists or may hereafter be
amended.
"Agreement" means this Joint Exercise of Powers Agreement.
"Authority" means the Orange Line Development Authority.
"Board of Directors" or "Board" means the governing body of the Authority.
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"Bonds" means bonds, notes or other obligations of the Authority issued pursuant to any
provision of law which may be used by the Authority for the authorization and issuance of
bonds, notes or other obligations.
"CEQA" means the California Environmental Quality Act, contained in the California
Public Resources Code, Section 21000 et seq., together with the State CEQA Guidelines, 14
CCR § 15000 et seq., as they now exist or may hereafter be amended.
"Director" means any person serving .as the representative of a Member on the Board.
"Fiscal Year" means July I" to and including the following June 3& or such other period
as the Board may specify by resolution.
"Member" means a public agency that is a party to this Agreement.
"NEPA means the National Environmental Policy Act, contained in 42 U.S.C. Section
4321 et seq., as it now exists or may hereafter be amended.
"Orange Line means a high-speed ground transportation .service that is provided by an
advanced technology, elevated, magnetically levitated ("Maglev") ground transportation system
for moving people and cargo, and comprised of passenger and cargo vehicles, elevated
guideways and support columns, power distribution system, vehicle control system, stations,
maintenance and operation center, and related facilities.
"Orange Line Project" means the activities required to plan, put in place, maintain and
maximize the benefits of the Orange Line.
"Party" means a Member.
ARTICLE II
GENERAL PROVISIONS
Section 2.1. Creation of Authority. Pursuant to Section 6502 of the Act, there is
hereby created a public entity separate and, independent from the Parties hereto, to be known as
the "Orange Line Development Authority."
(a) Within thirty (30) days after the effective date of this Agreement and after any
amendment, the Authority shall cause a notice of such Agreement or amendment to be
prepared and filed with the office of the California Secretary of State containing the
information required by California Government Code Section 6503.5.
(b) Within ten (10) days after the effective date of this Agreement, the Authority
shall cause a statement of the information concerning the Authority, its Members and
Directors required by California Government Code Section 53051 to be filed with the
office of the California Secretary of State and with the County Clerk of each county in
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which the Authority maintains an office, and within ten (10) days after any amendment
which makes any change in the facts required to be stated pursuant to Subdivision (a) of
such Section, a statement of such facts also shall be filed as provided therein.
Section 2.2. Pprpose. The purpose of the Authority is to pursue its stated objective to
use the common powers of its Members to enter into one or more public -private partnerships to
finance, acquire, design, construct, reconstruct, improve, and operate the facilities and
improvements to the Orange Line as may be approved by action of the Authority.
ARTICLE III
POWERS
Section 3.1. General Powers. The Authority shall have the power in its own name to
exercise any and all common powers of its Members reasonably related to the purposes of the
Authority, including but not limited to the powers to:
(a). study the feasibility of and plan for and implement the design, acquisition,
financing, construction and operation of the Orange Line,
(b) seek, receive and administer funding from any available public or private
source, including grants or loans under any available federal, state and local programs for
assistance in achieving the purposes of the Authority;
(c) contract for the services of engineers, attorneys, planners, financial and other
necessary consultants or entities;
(d) make and enter into any other contracts;
(e) employ agents, officers and employees;
(f) acquire, lease, construct, own, manage, maintain, dispose of or operate
(subject to the limitations herein) any buildings, works or improvements;
(g) acquire, hold, manage, maintain, or dispose of any other property by any
lawful means, including without limitation gift, purchase, eminent domain, lease, lease -
purchase, license or sale;
(h) incur all authorized debts, liabilities, and obligations, including issuance and
sale of bonds, notes, certificates of participation, bonds authorized pursuant to the Marks -
Roos Local Bond Pooling Act of 1985, California Government Code Sections 6584 et
seq. (as it now exists or may hereafter be amended) or any other legal authority common
to the Members and such other evidences of indebtedness described in Section 3.2(a)(6)
of this Agreement, subject to the limitations herein; and
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(i) receive gifts, contributions and donations of property, funds, services and
other forms of financial or other assistance from any persons, firms, corporations and
governmental entities; and
6) sue and be sued in its own name; and
(k) seek the adoption or defeat of any federal, state or local legislation or
regulation necessary or desirable to accomplish the stated purposes and objectives- of the
Authority; and
(1) adopt rules, regulations, policies, bylaws and procedures governing the
operation of the Authority;
(m)to invest any money in the treasury pursuant to California Government Code
Section 6505.5 that is not required for the immediate necessities of the Authority, as the
Authority determines is advisable, in the same manner and upon the same conditions as
local agencies, pursuant to Section 53601 of the California Government Code as it now .
exists or may hereafter be amended;
(n) to carry out and enforce all the provisions of this Agreement; and
(o) exercise all other powers not specifically mentioned herein, but common to
Members, and authorized by California Government Code Section 6508.
Section 3.2. Specific Powers.
(a) Financial.
(1) Annual Budget. The Board shall adopt an annual budget for the
ensuing fiscal year by a two-thirds (213) vote of the Board.
(2) Accounts. All funds will be placed in object accounts and the receipt,
transfer, or disbursement of such funds shall be accounted for in accordance with
the generally accepted accounting principles applicable to governmental entities,
with strict accountability of all funds. All revenues, expenditures and status of
bank accounts and investments shall be reported to the Board as frequently as the
Board shall direct and, in any event, not less than annually, pursuant to procedures
established by the Board.
(3) Expenditures Within Approved Annual Budget. All expenditures
within the limitations of the approved annual budget shall be made upon approval
of the Executive Director in accordance with the rules, policies and procedures
adopted by the Board. However, no expenditure shall be made for the purpose of
purchasing or otherwise acquiring real property without prior approval of the
Board by the representatives of not less than two-thirds (213) of the Members. No
expenditures in excess of those budgeted shall be made without the approval of an.
amended annual budget by the Board pursuant to paragraph (1) of this Section.
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(4) Disbursements. Warrants shall be drawn upon the approval and
written order of the Board and the Board shall requisition the payment of funds
only upon approval of claims, disbursements and other requisitions for payment in
accordance with this Agreement and other rules, regulations, policies and
procedures adopted by the Board.
(5) Audit. The records and accounts of the Authority shall be audited.
annually by an independent certified public accountant and copies of such audit
report shall be filed with the State Controller, the County Auditor in each county
in which a Member is located, and shall be provided to each Member no later than
fifteen (15) days after receipt of such audit reports by the Authority. In any fiscal
year during which the Authority has gross revenues of less than $250,000 the
Board may, in its discretion, dispense with such an audit, and instead rely on such
other financial review by the Authority's staff or other reviewers as the Board
shall deem prudent.
(6) Securities. The Authority may use any statutory power available to it
under the Act and any other applicable laws of the State of California, whether
heretofore or hereinafter enacted or amended, for issuance and sale of any
revenue bonds or other evidences of indebtedness necessary or desirable to
finance the exercise of any power of the Authority, and may borrow from any
source including, without limitation, the federal government, for these purposes.
(7) Liabilities. The debts, liabilities and obligations of the Authority shall
be the debts, liabilities and obligations of the Authority alone, and not of the
Members, although a Member may separately contract for, or assume
responsibility for, specific debts, liabilities or obligations of the Authority, as
authorized by California Government Code Section 6508.1.
(8) Hold Harmless and Indemnification. To the fullest extent permitted by
law, each Member agrees to save, indemnify, defend and hold harmless the
Authority and all other Parties from any liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses
or costs of any kind, whether actual, alleged or threatened, including attorneys
fees and costs, court costs, interest, defense costs, and expert witness fees, where
the same arise out of, or are any way attributable in whole or in part, to negligent
acts or omissions of the indemnifying Party or its employees or agents, except
when acting within the scope of their authority as employees or agents of the
Authority. Where the Authority, or its Parties, in their capacities as Members or
agents or employees of the Authority, are held..liable for injuries to persons or
property, including death, the liability of each Party for contribution or
indemnification for such injuries shall be determined by agreement among the
Parties or a court of competent jurisdiction, and the Party responsible for liability
to the others will indemnify the other Parties to this Agreement for the percentage
of liability determined as set forth therein. In the event of liability imposed upon
the Authority, or any of its Parties, for injury or death which is caused by the
negligent or wrongful act or omission of any Party in the performance of this
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Agreement, the contribution of the Party or Parties not directly responsible for
such negligent or wrongful act or omission shall be limited to one hundred dollars
($100). The Party or Parties directly responsible for such negligent or wrongful
acts or omissions shall defend, indemnify and hold the Authority and all other
Parties harmless from any liability arising out of such wrongful act or omission.
In no event, however, shall the indemnification of an employee or former
employee of the Authority or Member exceed that provided in California
Government Code Article 4 of Chapter 1 of Part 2 of Division 3.6, beginning with
Section 825, as it now exists or may hereafter be amended.
(b) Condemnation. The Authority shall have the power to exercise any available
eminent domain power of its Members, upon approval of (i) two-thirds (2/3) of the entire
membership of the Board, and (ii) the concurrence of the governing body of any
Member(s) within the boundaries of which the real property is to be acquired..
(c) Parkland Maintenance. The Authority shall maintain all parkland and open
space installed or constructed within the right-of-way of the Orange Line.
(d) Manner of Exercise. For purposes of California Government Code Section
6509, the powers of the Authority shall be exercised subject to the restrictions upon the
manner of exercising such powers as are imposed upon the City of Artesia, a general law
city, provided, however, that if the City of Artesia shall fail or cease to be a Member,
then the Authority shall be restricted in the exercise of its powers in the same manner as
the City of Bell, a general law city.
(e) Compliance with CEQA and NEPA. The Authority shall comply with all
requirements of CEQA and NEPA as a condition precedent to its commitment to carry
out any obligation under this Agreement for which such compliance is required.
However, the execution of this Agreement does not constitute a project or approval of
any commitment to carry out any project as those terms are used in CEQA and NEPA.
(f) Contributions. Individual Members may contribute funds, personnel and
equipment to the Authority in furtherance of the purposes of the Authority set forth
herein. Pursuant to Government Code Sections 6504, 6512.1 and related provisions, the
Authority is empowered after the issuance of bonds or receipt of funds from any other
source, to reimburse such Members for such contributions.
(g) EVulsion. A Party may be expelled from the Authority for violation of this
Agreement, upon a vote of three -fourths (3/4) of the entire membership of the Board
(excluding the vote of the Party to be expelled), after the Board has given thirty (30)
days' written notice to the Parry to be expelled of the Authority's intention to expel that
Member if the violations of this Agreement identified in the notice are not cured or, if the
cure cannot by its nature be completed within thirty (30) days, commenced within that
notice period and diligently pursued to completion. Any Party that fails to execute any
amendment to this Agreement within thirty (30) days after execution by the last Member
655580
required for approval of such amendment by Section 5.1 of this Agreement, shall be
deemed to be expelled on the thirty-first (31 st) day after such execution.
Expulsion of a Party shall not relieve the expelled Party of any liabilities imposed
upon or incurred by the Party pursuant to this Agreement prior to the effective date of
such expulsion. However, such expulsion shall result in the forfeiture of all rights and
claims of the expelled Party to any repayment of contributions or advances or other
distribution of funds or property after withdrawal, including distribution in the event of
termination of the Authority. The Members agree that the liquidated damages provided
by this paragraph are necessary and appropriate because the furtherance of the Orange
Line Project is a complex venture, which will require sustained, collective effort over a
Period of years. If a Member fails to fulfill its commitment to the other Members to
accomplish the mission of constructing, developing and maintaining the Orange Line,
there will be real and substantial injury to the success of the project and to the other
Members, which injury is necessarily difficult to quantify. Accordingly, the Members
agree the provision of this paragraph and of paragraph (h) below constitute an appropriate
measure of the damages an early withdrawal will cause.
(h) Withdrawal. Any Party may withdraw from the Authority at any time, for any
reason, by giving written notice to the Board of its intention to do so thirty (30) days prior
to the effective date of that withdrawal.
Withdrawal of a Party, however, shall not relieve it of any liabilities imposed
upon or incurred by the Party pursuant to this Agreement prior to the effective date of
such withdrawal, and such withdrawal shall result in the forfeiture of all rights and claims
of the withdrawing Party to any repayment of contributions or advances or other
distribution of funds or property after withdrawal, including distribution in the event of
termination of the Authority.
(i) Termination of Authority.
(1) Causes. The Authority shall terminate, and its assets be distributed in
accordance with the provisions of this Agreement, upon the unanimous vote of its
Members or at such time as there shall be only one Member remaining.
(2) Limitations
(a) No termination of the Authority shall occur until all of its debts, liabilities,
and obligations, including issuance and sale of bonds, notes, certificates of
participation and other evidences of indebtedness described in Section 3.2(a)(6) of
this Agreement are paid or adequate provision for such payment is made in
accordance with the resolution of the Authority authorizing issuance and sale
thereof.
(b) No termination of the Authority shall occur which constitutes or will
necessary cause a material breach of any contract or agreement entered into by the
Authority.
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(c) , No termination of the Authority shall occur which adversely affects the
operation, repair, maintenance, improvement or administration of any facility then
owned, teased, permitted, licensed or otherwise controlled by the Authority.
(d) No termination of the Authority shall occur which is prohibited by law.
(3) Distribution of Funds and Property. Upon termination of the
Authority, any remaining funds, property or other assets of the Authority,
following discharge of all debts, liabilities and obligations of the Authority, shall
be distributed to the Members for any unreimbursed advances, contributions or in -
lieu contributions made or given to the Authority by such Members, and then
distributed -to all Members in proportion to the contributions to the Authority by
the Members. Alternatively, the Board, by a vote of 2/3 of its entire membership,
may distribute the assets of the Authority to another public or private non-profit
agency capable of using the assets of the Authority for the benefit of the public.
ARTICLE IV
ORGANIZATION
Section 4.1. Members. The Members of the Authority shall be the Members described
in the introductory paragraph of this. Agreement, and any local governmental agencies with
powers common to those of such described Members with respect to the purposes and
obligations of the Authority subsequently added as Members by amendment to this Agreement,
which have executed this Agreement and all subsequent amendments, and have not withdrawn
nor been expelled thereafter.
Section 4.2. Board
(a) Composition
(1) The Board shall consist of one person designated as a Director by
the governing body of each of the Members as well as non -voting representatives
of the Metropolitan: Transportation Authority and the Orange County
Transportation Agency.
(2) . Each Member shall appoint one or more Alternate Directors. All
Directors and Alternate Directors shall be current members of the governing body
of their appointing Member. Directors and ,Alternate Directors shall serve during
the pleasure of their respective appointing authorities and during that pleasure
shall hold office for a period of one year, concurrent with the Authority's fiscal
year, and thereafter until their successors are selected and qualified (unless a
Director or Alternate Director ceases to qualify for service, as by loss of elective
office). Any vacancy caused by a Director or Alternate Director ceasing to serve
on the body which appointed him or her or otherwise shall be filled in the same
manner as the original appointment. Nothing in this Agreement shall bar the
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reappointment of a Director or an Alternate Director to successive terms provided
that Director or Alternate Director continues to be qualified to serve-
(b) Compensation and Expense Reimbursement
All Directors and Alternate Directors on the Board shall receive a stipend
of not more than one hundred dollars ($100) per meeting attended as the
Member's voting representative upon a vote of the Board to authorize such
stipends. Each Director and Alternate Director on the Board shall be reimbursed
for reasonable and necessary expenses actually incurred in the conduct of the
Authority's business, pursuant to an expense reimbursement policy established by
the Board prior to such expenses being incurred.
(c) Voting
(1) Required Vote. All actions of the Board shall be by vote of the
representatives of a majority of Directors or Alternate Directors present and
voting, except as otherwise specifically provided herein.
(2) Proxy and Absentee Votes. Directors and Alternate Directors may not
cast proxy or absentee votes. Each Member shall have an equal vote. Each
Alternate Director shall have one vote during the absence of the Director for
whom he or she serves as an Alternate Director.
(d) Political Reform Act
Directors and Alternate Directors shall be considered "public officials"
within the meaning of the Political Reform Act of 1974, as amended, and
its regulations, for purposes of financial disclosure, conflict of interest and
other requirements of such Act " and regulations, subject to a contrary
opinion or written advice of the California Fair Political Practices
Commission. The Authority shall adopt a conflicts of interest code in
compliance with the Political Reform Act.
(e) Levine Act
Directors and Alternate Directors are "officials" within the meaning of
California Government Code Section 84308 et seq., commonly known as
the "Levine Act," and subject to the restrictions of such act on the
acceptance, solicitation or direction of contributions.
(f) Principal Office
The principal office of the Authority shall be established or moved to any
place in Los Angeles County or Orange County by resolution of the
Board.
65558v3 _ 1 O_
(h) Quorum
Representatives of not less than one half (1/2) of the Members shall
constitute the quorum of the Board required to conduct the business of the
Authority.
(i) Rules
The Board may adopt from time to time rules and regulations for the
conduct of meetings of the Board and of the affairs of the Authority consistent
with this Agreement and other applicable law.
0) Minutes
The Secretary of the Authority shall cause minutes of all meetings of the
Board to be drafted and mailed to each Member promptly after each such
meeting. Upon approval by the Board, such minutes shall become a part of the
official public records of the Authority.
(k) Officers
(1) Chair and Vice -Chair. The Board shall select a Chair and Vice -
Chair from among its members. Absent unanimous consent of the Directors present at
the time a vote is taken, the Chair and Vice -Chair shall represent Members located in
different counties.
(2) Secretary. The Board shall appoint a Secretary from the Directors
or the officers or employees of the Authority or a Member.
(3) Treasurer and Auditor. The Board shall appoint an officer or
employee of the Authority or an officer or employee of a Member to hold the offices of
Treasurer and Auditor of the Authority. Such offices may be held by separate officers or
employees or may be combined and held by one such officer or employee, as provided by
the Board. Such person or persons shall possess the powers and duties of, and shall
perform all Treasurer and Auditor functions for the Authority, including those required or
authorized by California Government Code Sections 6505, 6505.5, and 6505.6. Until
such time as the Board shall select another Treasurer and Auditor pursuant to this
paragraph, the Deputy Executive Director of the Gateway Cities Council of Governments
shall serve as Treasurer and Auditor of the Authority.
(4) Executive Director. The Board shall appoint an Executive
Director, which appointment shall require the approval of two-thirds (2/3) of its entire
membership. The Executive Director may be an officer or employee of a Member, and
shall have full authority and responsibility to implement the purpbses and objectives of
the Authority, subject only to the general authority of the Board.
(5) Terms. The Chair, Vice -Chair, Secretary, Treasurer and Auditor
shall serve during the pleasure of the Board and during that pleasure shall hold office for
-11-
71543-1
(c) Treasurer and Auditor. The Board shall appoint an officer or employee of the
Authority or an officer or employee of a Member to hold the offices of Treasurer and
Auditor of the Authority. Such offices may be held by separate officers or employees or
may be combined and held by one such officer or employee, as provided by the Board.
Such person or persons shall possess the powers and duties of, and shall perform all
Treasurer and Auditor functions for the Authority, including those required or authorized
by California Government Code Sections 6505, 6505.5, and 6505.6. Until such time as
the Board shall select another Treasurer and Auditor pursuant to this paragraph, the
Deputy Executive Director of the Gateway Cities Council of Governments shall serve as
Treasurer and Auditor of the Authority.
(d) Executive Director. The Board shall appoint an Executive Director, which
appointment shall require the approval of two-thirds (2/3) of its entire membership. The
Executive Director may be an officer or employee of a Member, and shall have full
authority and responsibility to implement the purposes and objectives of the Authority,
subject only to the general authority of the Board.
(e) Terms. The Chair, Vice -Chair, Secretary, Treasurer and Auditor shall serve
during the pleasure of the Board and during that pleasure shall hold office for a period of
one year, concurrent with the Authority fiscal year, and thereafter until their successors
are selected and qualified (unless the Chair or Vice -Chair should cease to be a member of
the Board). The appointment of such persons by the Board shall be evidence that the
position of an officer, employee, or agent of the Authority is compatible with those of an
officer, employee or agent of any Member.
(f) Additional Officers. The Board may appoint any additional officers deemed
necessary or desirable. Such additional officers also may be officers or employees of a
Member or of the Authority.
Section 4.4. Bonding Requirements. The officers or persons designated to have charge
of, handle, or have access to any funds or property of the Authority shall be so designated and
empowered by the Board. Each such officer or person shall be required to file an official bond
with the Authority in an amount established by the Board. Should the existing bond or bonds of
any such officer or persons be extended to cover the obligations provided herein, said bond shall
be the official bond required herein. The premiums on any such ' bonds attributable to the
coverage required herein shall be appropriate expenses of the Authority.
Section 4.5. Status of Officers and Employees. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, . all pension, relief, disability,
workmen's compensation, and other benefits which apply to the activity of officers, agents, or
employees of the Authority when performing their respective functions within the territorial
limits of a Member shall apply to them to the same degree and extent while engaged in the
performance of any of their functions and duties under the provisions of this Agreement and
Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section
6500. However, none of the officers, agents or employees appointed by the Board shall be
deemed to be employed by any of the Members or to be subject to any of the requirements of
such Members by reason of their employment by the Authority.
65558v3 -12-
Section 4.6. Committees.
(a) Creation. The Board* may by resolution create permanent or -ad hoc
committees to give advice to the Board of Directors on such matters as may be referred to
such committee by the Board. Qualified persons shall be appointed to such committees
by the Board and each such appointee shall serve at the pleasure of the Board.
(b) Meetings. All regular, adjourned and special meetings of such committees
shall be called and conducted in accordance with the applicable requirements of the
Ralph M. Brown Act, Government Code Section 54950 et. seq., as it now exists or may
hereafter be amended, and all other applicable law.
ARTICLE V
MISCELLANEOUS
Section 5. L Amendments. This Agreement may be amended with the approval of not
less than three -fourths (3/4) of all Members; provided, however, that no amendment may be
made which would adversely affect the interests of the owner or owners of bonds, letters of
credit or other financial obligations of the Authority without the consent of that owner or owners.
Section 5.2. Notice. Any notice required to be given or delivered by any provision of
this Agreement shall be personally delivered or deposited in the U. S. Mail, registered or
certified, postage prepaid, addressed to the Members at their addresses as reflected in the records
of the Authority, and shall be deemed to have been received by the Member to which the same is
addressed upon the earlier of receipt or seventy-two (72) hours after mailing.
Section 5.3. Attorneys Fees. In the event litigation or other proceeding is required to
enforce or interpret any provision of this Agreement, the prevailing party in such litigation or
other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs
and expenses incurred in the proceeding.
Section 5.4. Successors. This Agreement shall be binding upon and inure to the
benefit of any successor of a Member.
Section 5.5. Assignment and Delegation. No Member may assign any rights or
delegate any duties under this Agreement without the unanimous written consent of all other
Members and any attempt to make such an assignment shall be null and void for all purposes.
Section 5.6 Counterparts. This Agreement may be executed in one (1) or more
counterparts, all of which together shall constitute a single agreement, and each of which shall be
an original for all purposes.
65558v3 -13-
s
Section 5.7 . Sever ilit Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any applicable
law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts,
terms, or provisions of this Agreement shall not be affected thereby and to that end the parts,
terms and provisions of this Agreement are severable.
Section 5.8 Integration. This Agreement represents the full and entire Agreement
among the Members with respect to the matters covered herein.
Section 5.9 Execution. The legislative bodies of the Members each have authorized
execution of this Agreement, as evidenced by the respective signatures attested below.
CITY OF
Mayor
ATTEST:
City Clerk
L-on
(Seal)
APPROVED AS TO FORM:
City Attorney
M.
655580 -14-
(date)
SUPPORTING
DOCUMENTS
CITY OF VERNON �"E` 16 24/1 OOANK CHECK 00212451
4305 SANTA FE AVENUE NUMBER
VERNON, CALIFORNIA 90058-0805
(323) 583-8811- 4
CHECK DATE CHECK AMOUNT
¢� 09/18/03 $7,405.00
—4 VOID AFTER 90 DAYS
PAY SEVEN THOUSAND FOUR HUNDIk1 00 CENTS
ORANGE LINE%
TO THE
ORDER OF DEVELOPMENT AUTHORITY k-1 r- � u ��
ATTN:M G COLANTUONO-GEN COUN.
7300 ALONDRA BLVD . , SUITE 201
PARAMOUNT, CA 90723 l
111002L245LiI' l:L210002481:4L5928373811'
U l Y Off VERNON - 4305 SANTA FE - VERNON CALIF. - 90058-9805 VENDOR REMITTANCE ADVICE
103 1 0212491 A7 An1Z nn
SEP152003 109/15/03 12003-04 ANNUAL MEMBERSHIP FEES
$7,405.00 1
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
11
A
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
August 14, 2003
On February 5, 2003, this legislative body approved, Resolution No.
8138, authorizing the City's participation in the Orange Line
Development Authority (Orange Line). In order to continue to
participate, a Joint Exercise of Powers Agreement (JEPA) must be
approved and adopted, which will provide the City with full member
rights and privileges. This has been reviewed by staff and the City
Attorney's office has reviewed the JEPA. It is hereby recommended
that the following be approved:
• Execution of Joint Exercise of Powers Agreement,
Appoint two elected officials to represent the City, and
• The City's dues in the amount of $7,405.00.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
Memo
DATE: September 15, 2003
TO: William Davis, Councilman
W. Michael McCormick, Councilman
Christopher Ropero, Administrative Aide
FROM: Gloria Oros 0ohief Deputy City Clerk
RE: Resolution No. 8267
Transmitted herewith is a copy of the above -mention resolution,
approving and authorizing the Execution of an Orange Line Development
Authority Joint Exercise of Power Agreement and approving the City's
Member Dues, approved by City Council on August 27, 2003.
Please be advised that representatives were also appointed by Minute
Order and are as follows: Councilman McCormick as the primary
representative and Councilman Davis as the alternate representative.
Thank you.
gm
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
September 23, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Michael G. Colantuono
General Counsel
Orange Line Development Authority
7300 Alondra Boulevard, Suite 201
Paramount, CA 90723
Re: Orange Line Development Authority - Joint Exercise of Powers Agreement
Dear Mr. Colantuono:
Attached are two copies of the Joint Exercise of Powers Agreement ("JPA") that have been
executed on behalf of the City of Vernon. As you know, the Vernon City Attorney's office has discussed
with you its interpretation of Section 3.2(b) regarding the Authority's condemnation power under the
JPA. Section 3.2(b) states:
The Authority shall have the power to exercise any available eminent domain
power of its Members, upon approval of (i) two-thirds (2/3) of the entire
membership of the Board, and (ii) the concurrence of the governing body of any
Member(s) within the boundaries of which the real property is to be acquired.
It is the City's position that the phrase "concurrence of the governing body of any Member(s) within the
boundaries of which the real property is to be acquired" means that before any property within the City of
Vernon boundaries can be taken by eminent domain, the Vernon City Council would have to approve of
such action. The JPA is being executed by the City with this understanding in mind.
If you have any questions or comments, do not hesitate to contact our office.
Sincerely,
Bruce V. Malkenhorst
City Administrator
cc: Eduardo Olivo
Kevin Wilson
CITY ADMINISTRATOR/CITY CLERK'S
MEMORANDUM
DATE: September 15, 2003
TO: Martha Valenzuela, Office Manager
FROM: Gloria Orosco
Chief Deputy 1ity Clerk
RE: Annual Membership Fees for Orange Line Development Authority
Transmitted herewith is a copy of Resolution No. 8267, approving and
authorizing the execution of an Orange Line Development Authority
Joint Exercise of Powers Agreement and approving the City's Member
Dues.
Please process the payment of $7,405.00 as mentioned on Section 5 of
said resolution for the above -mentioned fees and mail check to the
address listed on Section 6. If you have any questions please call
Ext. 266. Thank you. '
:gm
CC: Resolution No. 8267
CITY OF VERNON
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AUTHORIZING THE USE OF "WAREHOUSE PARCEL TAX FUNDS", IN
THE AMOUNT OF $7,405, TOWARD THE CITY'S MEMBER
CONTRIBUTION TO THE ORANGE LINE DEVELOPMENT AUTHORITY.
WHEREAS, on xx, 2003, the City Council of the City of Vernon adopted Resolution
No. 2002-34 supporting entry into the Orange Line Development Authority, a joint powers
authority established to examine the feasibility of and plan a high-speed rail corridor
between Los Angeles and Orange County; and
WHEREAS, the Orange Line Development Authority has submitted a request to the
City of Vernon and other member cities for annual contributions toward the Authority's
administrative budget; and
WHEREAS, the annual member contribution for the City of Vernon is $7,405; and
WHEREAS, the Orange Line Development Authority is also duly and diligently
soliciting funding from federal sources in order to significantly supplement the contributions
of its member cities; and
WHEREAS, the City of Vernon will utilize funds received annually from "Warehouse
Parcel Tax" for projects related to transportation planning and operation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vernon does
hereby authorize the use of "special " funds toward the City's member contribution to the
Orange Line Development Authority.
PASSED, APPROVED and ADOPTED this xx day of xxxxx 2003.
Mayor
ATTEST:
City Clerk
Molleda, Gloria
From:
Romero, Chris
Sent:
Wednesday, August 13, 2003 3:45 PM
To:
Molleda, Gloria
Subject:
FW: Orange Line JEPA and Funds Issue
Gloria,
The resolution should include becoming a member of the JEPA, total amount of funds to be paid each year, appoint two
elected officials. you may want to ask Gloria if she wants to include the type of funds to be used (warehouse parcel tax
funuds).
Chris
-----Original Message -----
From: Romero, Chris
Sent: Wednesday, August 13, 2003 3:33 PM
To: Orosco, Gloria
Cc: Lehr, Judy
Subject: Orange Line ]EPA and Funds Issue
Follow -Up on Orange Line:
In the package I sent included a separate resolution for the "Contribution of Funds" which was given to me by
the City of Cerritos - their city council approved two separate resolutions.
I think that we probably want to approve only one resolution and incorporate both the JEPA issue and the
funds issue.
Chris
A
(�"City Administrators
Office
August 13, 2003
TO: Bruce V. Malk�e��nhorst, City Administrator
FROM: Chris Romero,Adninistrative Aide
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING ENTRY INTO THE ORANGE LINE
DEVELOPbWNT AUTHORITY JOINT MMACISE OF POPPERS
AGREEMENT.
The Orange Line Development Authority ("Authority") is a
joint powers authority comprised of several Los Angeles County
and Orange County cities, which has been established to examine
the feasibility of and plan a high-speed rail corridor between
Los Angeles and Orange County. Known as the Orange Line, the
proposed elevated maglev (magnetic levitation) train would run
from Union Station and/or the Staples Center area in Downtown
Los Angeles through the southeast portion of Los Angeles County
toward central Orange County.
The Orange Line Development Authority has met on a monthly
basis since March 2003, and the meetings have been attended by
elected officials from various cities in the Gateway Cities and
North Orange County sub -regions. The Authority has passed a set
of by-laws governing its organizational and administrative
structure and has begun to set policies for future corridor
planning.
In order for the City of Vernon to have full member rights and
privileges as established in the Authority's by-laws, the City
needs to adopt the Joint Exercise of Powers Agreement ("JEPA").
A copy of the JEPA can be found in Exhibit A of the attached
resolution. The JEPA essentially establishes the relationships
within the Authority and specifies the powers granted to the
Authority and its members. It details the rights and privileges
apportioned to each sub -entity and establishes that its members
have agreed to them.
The resolution earlier adopted by the City Council
essentially supported the future possibility of the City's entry
into the Orange Line Development Authority, but did not
explicitly authorize the City's entry. The resolution was
passed at the request of Authority organizers, who wanted to
establish support for the Orange Line concept without requiring
a full commitment by affected cities. Now that the Authority
has gained momentum in its planning, solicitation of funding,
and community support, it has demonstrated a strong ability to
address the sub-region's transit needs by pursuing the Orange
Line project. It is in the City's best interest to enter into
the JEPA with other member cities, so as to ensure that careful
attention is paid to the City's well-being during further Orange
Line planning.
The text of the Joint Exercise of Powers Agreement was
reviewed the City Attorney's office. The City Attorney's has
attached a letter with comments relating to the JEPA. Staff is
recommending its adoption by the City Council. Should the
Authority in any way revise the JEPA, Orange Line staff and/or
the City's appointed Authority representative will ensure that
such changes reflect the overall essence and intent of the text
adopted by the City Council of the City of Vernon.
Staff recommends the following to the City Council;
1. Approval to become a member of the JEPA (JEPA attached).
2. Appoint two elected officials to become voting members of
the JEPA.
3. Utilize Warehouse Parcel Tax Funds toward said fees.
A draft JEPA, Resolution and a cover letter with comments
from the City Attorney's office are attached for your
review.
Cc _ C-� `—j
1� ITY OF EP1119P0S
CIVIC CENTER • 18125 BLOOMFIELD AVENUE
P.O. BOX 3130 • CERRITOS, CALIFORNIA 90703-3130
PHONE: (562) 860-0311 • FAX: (562) 916-1371
W W W.CI. CERRITOS.CA. US
May 21, 2004
Mr. Christopher Romero
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
SUBJECT: ORANGE LINE JOINT EXERCISE OF POWERS AGREEMENT
Dear Mr. Romero:
Attached is the original Orange Line Development Authority Joint Exercise of Powers
Agreement per your request. Should you have any questions, please do not hesitate to
contact me.
Sincerely,
ETorrey treras
nning/Redevelopment Manager
alt
Attachment
ROBERT HUGHLETT, Ed.D. JOHN F. CRAWLEY PAUL W. BOWLEN GLORIA A. KAPPE LAURA LEE
MAYOR MAYOR PRO TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER