HomeMy WebLinkAboutRES 2017-35RESOLUTION NO. 2017-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
APPROVING THE FOURTH AMENDED AND RESTATED JOINT EXERCISE
OF POWER AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS (A JOINT POWERS AUTHORITY)
WHEREAS, the San Gabriel Valley Council of Governments (the "Council")
is a Joint Powers Authority, which was established pursuant to Chapter 5 of
Division 7, Title 1 of the Government Code of the State of California (Sections
6500, et seq.);
WHEREAS, the City of Diamond Bar is one of the member agencies of the
Council;
WHEREAS, the Council is currently governed by the Third Amended and
Restated Joint Exercise of Powers Agreement, effective March 12, 2007, which
was entered into, and modified from time to time, by its public entity members (the
"Agreement");
WHEREAS, the City Council desires to approve modifications to the
Agreement, as adopted by the Council of Government's Governing Board, in order
to revise the structure of the Council and extend the role of the Council in
developing and constructing projects in the San Gabriel Valley, and to restructure
and integrate the Alameda Corridor East Construction Authority ("ACE
Construction Authority"), as well as to clarify member tort liability and
indemnification obligations of member agencies under the Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The City Council adopts, ratifies, and approves the
modifications to the Agreement, namely the Fourth Amended and Restated Joint
Exercise of Powers Agreement, approved by the Governing Board of the Council
on October 19, 2017, relating to the extension of the Council of Government's role
in developing and constructing projects throughout the San Gabriel Valley, to
establish the Capital Projects and Construction Committee, and to clarify the
agreement regarding tort liability and indemnification of member agencies, which
Amendment is attached hereto as Exhibit 1 and incorporated herein by reference;
Section 2. The City Council expressly states its intent that the City not be
responsible for the debts, liabilities and obligations of the Council to the maximum
extent permitted by law, and that each member agency shall indemnify other
City Council
Resolution 2017- 35
member agencies to the extent of any agency liability, as specified in the revisions
adopted and ratified hereby; and
Section 3. This Resolution shall take effect immediately upon its
adoption. The City Clerk of the City of Diamond Bar is directed to send a certified
copy of this resolution to the Secretary of the San Gabriel Valley Council of
Governments upon adoption.
PASSED AND ADOPTED by the City Council of the City of Diamond Bar in
the County of Los Angeles, State of California, on the 19th day of December, 2017.
City of Diamond Bar
A F7
uth M. Low, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution was duly and regularly passed, approved and
adopted by the City Council of the City of Diamond Bar, California, at its adjourned
regular meeting held on the 19th day of December, 2017, by the following vote:
AYES: COUNCILMEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Tommye A. Cribbins, City Clerk
Exhibit 1 — Fourth Amended and Restated Joint Exercise of Powers Agreement.
2 City Council
Resolution 2017-35