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HomeMy WebLinkAbout14. Adopt Ord Approving Seventh Amendment to I-5 Consortium Cities JPA AgreementAPPRC,'�VED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL • • • THE CITY MANAGER BY: • OSKOUI, P.E., ASSISTANT CITY MANAGER SUBJECT: APPROVE THE SEVENTH AMENDMENT TO 1-5 CONSORTIUM CITIES JOINT POWERS AUTHORITY AGREEMENT Staff recommends that the City Council adopt: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AMENDMENT NO. 7 TO 1-5 CONSORTIUM CITIES JOINT .• AUTHORITY AGREEMENT At its August 11, 2020 meeting, the City Council received, discussed, and after fully considering facts • opinions offered, introduced the -• Ordinance No. 20-. 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 APPROVE THE SEVENTH AMENDMENT TO 1-5 CONSORTIUM CITIES JOINT POWERS AUTHORITY AGREEMENT AUGUST 25, 2020 PAGE 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 adopted by the City Council. Ordinance No. 20- will take effect thirty (30) days after its adoption. Economic Vibrancy QualitX of Life, Nei_qhborhood & 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. F-111 9 IF-TS] 0 IM:11i"11111 &I Attachment A: Ordinance No. 20- Attachment B: 1-5 Joint Powers Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEU APPROVING AMENDMENT NO. 7 TO 1-5 CONSORTIUM CITIES JOINI POWERS AUTHORITY AGREEMENT WHEREAS, the City of Downey is one of the five members cities of the Interstate-5 Consortium Cities Joint Powers Authority (1-5 JPA) which was established in 1990. 11019 12;19 L-70 19 11 MW I I W-40V I Prt M I - - ----------- --- 11AEREAS, The 1-5 JPA has been successful in its etforts to secure financial support for the traffic mitigation projects along the 1-5 freeway corridor and continues to advocate for its member agencies, WHEREAS, the term of the original Agreements which has been extended through previously approved amendments expires on November 1, 2020. WHEREAS, the City Charter Section 518 requires adoption of an ordinance in order to extend the term of a contract. WHEREAS, Section 4.B of the 1-5 Consortium Cities Joint Powers Authority Agreement has been modified to define members of the Administrative Entity of the 1-5 Consortium Joint Powers Authority and their responsibilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ':EREBY ORDAIN AS FOLLOWS: 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 Attorney. SECTION 2. The City Manager is authorized to execute any necessary documents to effectuate the Agreement approved herein. SECTION 3. The City Clerk shall certify the adoption of this Ordinance. MARIA ALICIA DUARTE, CC City Clerk •-r NO. 20- PAGE 2 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: ;• 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 1 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 r ffil r• •• NIZT-Itj •RM - b 11TY, 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). &M-MrOTIMEWOT"" 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." PqfpgS_e The Administrative Entity shall carry out the policies developed by the Board ta 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 thit meeting. Responsibilities 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 the Carmenita Road bridge over 1-5. e. Provide analysis of economic losses if 1-5 widening is proposed outside of existing right-of-way." Section 2. Except as specifically amended by this Seventh Amendment, all oth provisions of the Agreement, as previously amended, shall remain in full force a �ffect. IN WITNESS WHEREOF, this Agreement is executed on this 7 th day of Ju 2020, by the Parties as follows: I 1;1-WW'j0Wff21=V#1 MAYOR I k 0 A, . 1411val"Na- ATTEST AS TO FORM: YVE �E M. ABICHGARCIA ra 1J 014; This agreement dated — thvember 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" kMVIZR�*o'�Mwwl WHEREAS, the cities are each empowered by law to develop programs for th'i benefit of the citizens and businesses within each community-, and WHEREAS, the cities contain within their boundaries portions of the Federal Interstate Route 5 Freeway, referred to as 1-5; and WHEREAS, the cities each desire the improvement of the 1-5 Freeway staying primarily within existing freeway right-of-way; and WHEREAS, the various fe'deral and state agencies involved in the 1-5 improvement pprocess 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 W.LtC-REAS, by this agreement the cities hereto intend to exercise their powers jointly to accomplish common objectives. Section 1. Authority and i� This agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California (commencing with Section 000) relating to the joint exercise of powers common to the public agencies. The cities zre 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. Section 2. Term This Agreement shall become effective and binding •• the parties hereto when each of the governing bodies of the parties has authorized the execution of this Agreement and the same has been executed by the duly authorized representative of each of such parties. The term of this Agreement shall be for a period of five years from and after the effective date. The Agreement may be extended by mutual consent of all parties. Section 3. Brown AM All meetings of the Consortium, including, • limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Government Code §54950). • 4. Structure • the Consortium M� �-TIMTIIMIT' 7 6 it A. Policy Board B. Administrative Entil Ilis Consortium shall create a `• Board made up of an elected official • each participating public entity for the purpose of overseeing the activities of the Administrative Entity and to act in consort with the State of California and Federal Agencies in matters 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 one policy board member and one alternate board member. "4" Each member of the Board shall serve a two-year term and each member shall serve at the pleasure of the appointing authority. Vacancies during a term and successors following expiration of the term of any member shall be filled in the same manner as the original appointments. COMPENSATION Members shall receive a stipend of fifty dollars ($50) per meeting attended. 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. a. Determine general policy for 1-5 improvements. b. Act on behalf of all cities in responding to various federal and state agenci-'" regarding questions of design, funding and decision making. I 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. 1pgL-11010) 0 . 1 - Maim 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. 'me 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. A majority of the Policy Board must be present to constitute a quorum. No action will be is 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 .411 members shall be required. The Secretary of the Policy Board shall cause to be kept minutes of regular, actourned 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. 19) a a Cal ZI Ile 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 utilize City Attorney from one of the member Cities as legal Council to the Consortium. Y r r 6 The Administrative Entity shall carry out the policies developed by the Board to facilitate improvement of the 1-5 Freeway. .2. Work with State and Federal agencies to develop improvement plans that will be i i to the Consortium. b. Engage and work with consultants as needed. C. Develop a budget and fundingforte Consortium. d. Develop s with Caltrans for the earliest possible wideningthe bridges, offramps, and interchanges. Providee. is of economic losses if 1-5is proposedoutside o existing right-of-way. f. Create technical rk groups as needed. Section9- Work with a Washington, D.C., based lobbyist. w and-Distributionof Assets debts,The cities which are partners to this Agreement shall not be responsible for any of the debts, liabilities or obligations of the Consortium created by this Agreement. All such .• or obligations shall exclusively be . of the Consortium. Upon termination of the Consortium all of its then existing assets shall be dividetl equally between the then remaining member cities. gection 6. Withdrawal by Member Cities Any member city may withdraw upon 30 days written notice. Upon such the withdrawing city shall be paid its proportional share of assets. loll 111111 � I !IIIIIII III! 111�1� ll� I I z Will I 112 1 C ii a .1 111111 1 ''�, 111 - I I ITY CLERK Ty THORSON, CITY ATTORNEY CrrY OF DOWMY MAYOR''R�Y-'�L. PAUL rail