HomeMy WebLinkAbout07. Intro Ord & Apprv the 7th Amd to I-5 Consortium Cities Joint Powers Authority AgrmtItem No.
APPROVED SY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JOHN OSKOUI, P.E., ASSISTANT CITY MANAGER
SUBJECT: APPROVE THE SEVENTH AMENDMENT TO 1-5 CONSORTIUM CITIES JOINT
POWERS AUTHORITY AGREEMENT
RECOMMENDATION
Staff recommends that the City Council introduce:
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The City of Downey is one of five member cities of the Interstate-5 Consortium Cities Joint
Powers Authority (1-5 JPA), which was established in 1990. The goal of the JPA is to work in
partnership with Caltrans, Metro, and the Federal Highway Administration to pursue innovative
capacity enhancement options for the expansion of the 1-5 freeway to avoid significant at -grade
widening that would have negative adverse social and economic impacts on corridor
communities.
The 1-5 JPA has been successful in its efforts to secure financial support for traffic mitigation
projects along the 1-5 corridor and continues to advocate for its member agencies for improved
traffic flow and capacity enhancements along the 1-5 freeway between the LA county line and
the 1-710 freeway.
The term of the original agreement which has been extended through approved amendments
expires on November 1, 2020. The Seventh Amendment to the subject Agreement extends the
term for an additional five (5) years, and modifies Section 4.13 of the Agreement to define the
Consortium City's Administrative Entity's members and their responsibilities.
The City's Charter Section 518 states that "no contract or lease or extension thereof for a longer
period than ten years shall be valid unless said contract, lease or extension be made or
approved by ordinance. Therefore, in order to extend the term of the 1-5 Consortium Cities Joint
Powers Authority Agreement by five (years) to November 1, 2025 Ordinance No 20-
(Attachment A) must be introduced and subsequently adopted by the City Council.
APPROVE THE SEVENTH AMENDMENT TO 1-5 CONSORTIUM CITIES JOINT POWERS AUTHORITY
AGREEMENT
AUGUST 11, 2020
PAGE
Economic Vibrancy
Qualitv of Life. Neiahborhood & Infrastructum-
FISCAL IMPACT
The City pays $ 30,000 in annual fees as a member of the 1-5 Consortium Cities Joint Powers
Authority. There will be no impact on this fee as a result of the new amendment.
Nttachment A: Ordinance Ro. 20-
Attachment B: 1-5 Joint Powers Agreemea
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member114AEREAS, The 1-5 JPA has been successful in its efforts to secure financial support for
the traffic mitigation projects along the 1-5 freeway corridor and continues to advocate for its
•- -
111AEREAS, the term of the original Agreements which has been extended through
previously approved amendments expireson • - •- 2020.
WHEREAS, the City Charter Section 518 requires adoption of an ordinance in order to
extend the termof r
WHEREAS, Section 4.13 of the 1-5 Consortium Cities Joint Powers Authority Agreement
)as been modified to define members of the Administrative Entity of the 1-5 Consortium Joint
Powers Authority . • their responsibilities.
NOW, THEREFORE,• ! OF OF DOWNEY DOES
ORDAIN • i
Attorney.SECTION 1.. The City Council hereby approves the Seventh Amendment to the 1-5
Consortium Cities Joint Powers Authority Agreement which is attached hereto as Exhibit "A" and
authorizes the Mayor to execute the agreement on behalf of the City in a form approved by the
City
SECTION 2. The City Manager is authorized to execute any necessary documents to
effectuate the Agreement approved herein.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the _ day of
, 2020, and adopted at a regular meeting of the City Council of the City of Downey
held on the _ day of , 2020, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20- , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
, 2020, (after introduction), and on , 2020, (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City of
Downey on the same dates.
MARIA ALICIA DUARTE, CIVIC
City Clerk
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Section 1. That certain Amended Agreement ("Agreement") entered into by and
between the cities of Buena Park, Commerce, Downey, La Mirada, Norwalk, and Santa
Fe Springs, on December 4, 1990, and amended in 1997, 2000, 2005, 2008, 2010, and
2016, is further amended by amending Section 2 (Term) and Subsection B of Section 4
(Administrative Entity).
The term of this Agreement shall be for a period of thirty-five years from and after
November 1, 1990 (November 1, 2025). The Agreement may be extended by
mutual consent of all parties."
Purpose
The Administrative Entity shall carry out the policies developed by the Board to
facilitate improvement of the 1-5 Freeway.
Members
The City Manager of each City shall be a member of the Administrative Entity.
Each City Manager may appoint one other employee of the City to serve as the
alternate member of the Administrative Entity. Each member of the
Administrative Entity shall have one vote. If a City Manager cannot attend a
meeting, the alternate shall be fully empowered to act as the member for the
meeting.
Regponsibilities
a. Work with State and Federal agencies to develop improvement plans that will
be acceptable to the Consortium.
b. Engage and work with consultants as needed and consistent with the budget
approved by the Policy Board.
c. Develop a budget and funding recommendations for the Consortium for
approval by the Policy Board.
d. Develop plans with Caltrans for the earliest possible widening of th4
Carmenita Road bridge over 1-5.
e. Provide analysis of economic losses if 1-5 widening is proposed outside of
;txisting right-of-way."
Section 2. Except as specifically amended by this Seventh Amendment, all other
provisions of the Agreement, as previously amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, this Agreement is executed on this 7 th day of July
2020, by the Parties as follows:
MAYOR
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ATTEST AS TO —FORM:
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This agreement dated bvevber 27 , 1990 is between the cities of Buena
Park, Commerce, Downey, La Mirada, Norwalk, and Santa Fe Springs, each of which is
a municipal corporation duly organized and existing under the laws of the State of
California, hereinafter collectively referred to as the "Interstate 5 Consortium Cities"
WHEREAS, the cities are each empowered by law to develop programs for t"'
benefit of the citizens and businesses within each community; and I
WHEREAS, the cities contain within their boundaries portions of the Feder
Interstate Route 5 Freeway, referred to as 1-5; and i
WAEREAS, the cities each desire the improvement of the 1-5 Freeway stayme!j
primarily within existing freeway right-of-way; and 0
WHEREAS, the various federal and state agencies involved in the 1-5 improvement
r,rocess have requested that one entity represent all of the cities; and
WHEREAS, the parties to this agreement are willing to form a single entity
referred to as "Interstate 5 Consortium Cities" (Consortium); and
WHEREAS, by this agreement the cities hereto intend to exercise their powers
jointly to accomplish common objectives.
ection 1.
Authority and Purppse
This agreement is made pursuant to the provisions of Article 1, Chapter 5, Don
7, Title I of the Government Code of the State of California (commencing with Section
6500) relating to the joint exercise of powers common to the public agencies. The cities
are each empowered to exercise the powers within said agreement. The purpose of this
agreement is to exercise such powers jointly in the development of plans and agreement
to improve the Route 1-5 Freeway through said Cities.
This Agreement shall become effective and binding upon the parties hereto wh
each of the governing bodies of the parties has authorized the execution of this Agreeme
and the same has been executed by the duly authorized representative of each of su
parties. The term of this Agreement shall be for a period of five years from and aft
the effective date. The Agreement may be extended by mutual consent of all partiesi
Section 3. Brown Act
AN meetings of the Consortium, including, without limitation, regular, adjourn-M.
regular, and special meetings, shall be called, noticed, held and conducted in accordan
with the provisions of the Ralph M. Brown Act (commencing with Government Co
§54950). 1
The Interstate 5 Consortium Cities shall embody two structures;
A. Policy Board
B. Administrative Entity
This Consortium shall create a Policy Board made up of an elected official of ea
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Entity and to act in consort with the State of California and Federal Agencies in mattle
pertaining to development of plans and financing for the 1-5 Freeway improvements.
The legislative body of each of the participating public entities shall appoint o
policy board member and one alternate board member. I
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Each member of the Board shall serve a two-year term and each member sh
serve at the pleasure of the appointing authority. I
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Vacancies during a term and successors following expiration of the term of ar-171
rmernber shall be filled in the same manner as the original appointments.
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Each member shall have one vote. If a board member cannot attend a meeting,
the alternate attending shall be fully empowered to act as the board member for the
meeting so attended.
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a. Determine general policy for 1-5 improvements.
b. Act on behalf of all cities in responding to various federal and state agencies
regarding questions of design, funding and decision making.
C. Approve a budget to expend funds on development of improvement
alternatives, lobbying activities, if required, and any other lawful public
purpose.
d. Ensure that improvements are in the best interest of the Consortium
residents.
e. Authorize expenditures of funds for the above purposes.
f. Share costs equally among the six citie3
The Policy Board shall provide for its regular and special meetings, provided,
however, that it shall hold at least one regular meeting in each year and such further
meetings as the parties may reasonably request. The dates upon which, and the hour,
date and place at which any regular meeting shall be held shall be fixed by the Policy
Board and copies filed with each party.
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A majority of the Policy Board must be present to constitute a quorum. No action
will be valid unless it receives the effective vote of the majority of those present with the
exception of matters that will result in the dislocation of residents or businesses. In such
matters, a unanimous vote of all members shall be required.
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The Secretary of the Policy Board shall cause to be kept minutes of regular,
adjourned regular, and special meetings, and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Board and to the
cities hereto.
'Me Policy Board shall elect a Chairperson and a Vice Chairperson at its first
meeting, and thereafter at the first meeting in each succeeding fiscal year the Policy Board
shall elect or re-elect its Chairperson and a Vice -Chairperson.
In the event that the Chairperson or Vice -Chairperson elected ceases to be a Board
Member, the resulting vacancy shall be filled at the next regular meeting of the Policy
Board held after such vacancy occurs. In the absence or inability of the Chairperson to
act, the Vice -Chairperson shall act as Chairperson. The Chairperson, or in his absence
the Vice -Chairperson, shall preside at and conduct all meetings of the Policy Board.
The City Manager of the City of Norwalk shall be, and act as, the Secretary of
Consortium. The City Finance Director of the City of Buena Park shall be, and act as,
the Treasurer of Consortium pursuant to Government Code §6506.6.
The Policy Board may engage the services of a private practicing attorney or utiliz-*
a City Attorney from one of the member Cities as legal Council to the Consortium.
Ile Administrative Entity shall carry out the policies developed by the Board to
facilitate improvement • the 1-5 Freeway.
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a. Work with State and Federal agencies to develop improvement plans that
will be acceptable to the Consortium.
b. Engage and work with consultants as needed.
C. Develop a budget and funding recommendations for the Consortium.
d. Develop plans with Caltrans for the earliest possible widening of the bridges,
offramps, and interchanges.
e. Provide analysis of economic losses if 1-5 widening is proposed outside of
existing right-of-way.
9- Work with a Washington, D.C., based lobbyist.
Section 5. Obligation for Debts and Distribution of Assets
The cities which are •. to this Agreement shall not be responsible for any of
the debts, liabilities or obligations of the Consortium created by this Agreement. All such
debts, liabilities or obligations shall exclusively be those of the Consortium.
Upon termination of the Consortium all of its then existing assets shall be divid
equally between the then remaining member cities. i
I
Any member city may withdraw upon 30 days written notice. Upon sucE
withdrawal, the withdrawing city shall pay its share of accr-ued expenses; should assets exi
the withdrawing city shall be paid its proportional share of assets. I
CrrY OF DOWNEY
VC
MAYOR ROY L. PAUL
ON .
CITY OF DOWNEY
PETER THORSON, CITY ATTORNEY