Mayor Murphy asked that the matter of amending the Joint Powers Agreement (JPA) for the Burbank Glendale-Pasadena Airport Authority be placed on the Council�s agenda to consider a proposal to provide for staggered terms for the Authority members.  The JPA has been amended several times since it was originally adopted.  Then in 1991 it was amended and restated and has not been amended since.  In previous discussions some representatives from the other member cities have expressed reluctance to agree to any further amendments.

As currently written, with regard to the terms of Commissioners, Section 2.2 of the Restated and Amended JPA, dated September 15, 1991,  states:

�The Commission shall be composed of none (9) members. Each of the respective governing bodies of the Parties shall be entitled to appoint three (3) members to the Commission. Members of the Commission shall serve for four (4) year terms, commencing June 1, 1977, with subsequent terms to commence on June 1 of each fourth (4^th) year thereafter, unless such service is terminated sooner as provided below.�

Should the member cities desire to consider language that would provide for the staggering of terms, it would be necessary to amend this language (specifically the last sentence), and an initial shorter period will need to be designated for some of each parties� appointees in order to create a staggered  term. For example: �Members of the Commission shall generally serve for four (4) year terms, except that commencing _______, 200_, each party shall appoint __member(s) to the Commission for a  two year (or whatever) and each party shall appoint ____ member(s) to the Commission for a  four year term(or whatever), all with subsequent terms to commence on June 1 of each fourth (4^th) year thereafter, unless service is terminated sooner as provided below.� 

The process to amend the JPA Agreement is to have each Party agree in writing to the amended terms, which requires approval of each respective City Council. The specific sections are set forth below:

Section 11 allows for amendments, and provides:

�This Agreement, shall be effective when signed by each Party, may be amended by mutual consent to include other cities or for any other lawful purpose, �; provided, however, that�

�(b) This Agreement cannot be amended in any way to the detriment of the holders of any such revenue bonds or other forms of indebtedness which are outstanding�;

�(c) No termination or amendment shall adversely affect the operation, repair, maintenance, improvement or administration of the Airport Facility,�

�(d) No termination or amendment shall be made which is contrary to the language, spirit or intent of any contract and/or grant agreement entered into by the Authority with the United States of America, or any agreement entered into by the Authority with the State of California, or any department, administration or agency of either the united States of America or the State of California.�

Section 16 requires the Agreement to be amended in writing, signed and attested by all Parties.

Staff has done no further work on this matter.  If the Council wishes to look into the possibility of amending the Joint Powers Agreement by approaching the other member cities, it is recommended that such direction be given to staff.  We will then bring back options for appropriate language to amend the agreement, and possibilities on how to proceed in contacting Glendale and Pasadena.

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