HomeMy WebLinkAbout01-233 - Resolutions RESOLUTION NO. 01-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CORRIDOR DESIGN AUTHORITY
WHEREAS,the City of Rancho Cucamonga is authorized under the Joint Exercise of
Powers Law, Government Code Section 6500 et.seq. to join in the formation of a joint powers
authority; and
WHEREAS,in 1994,the City of Rancho Cucamonga became a memberof the Route
30 Corridor Design Authority; and
WHEREAS, in 1999 the City of Rancho Cucamonga joined with other cities in a
cooperative effortto prepare a master plan fora multi-purpose trail along the former Pacific Electric
Railway corridor,which runs through the cities of La Verne, Claremont, Montclair, Upland, Rancho
Cucamonga, Fontana, and Rialto; and
WHEREAS, the City Council finds that a cooperative effort for a consolidated
program of design, construction, and maintenance of the Pacific Electric Inland Empire Trail can be
of benefit to the people of the City of Rancho Cucamonga.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1: That the City Council of the Cityof Rancho Cucamonga has reviewed
the proposed amendment attached to this Resolution and approves
said amendment.
SECTION 2: That the Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Resolution and thereupon the same
shall take effect and be in force.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed and attested by their proper officers duly authorized and their official seals to be hereto
affixed, on the day and year set opposite the name of each of the parties.
Please see fhe following page
for formal adoption,certification and signatures
Resolution No. 01-233
Page 2 of 7
PASSED, APPROVED,AND ADOPTED this 17`h day of October 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
G�cG—
William J. exander, Mayor
ATTEST:
—4Debra J. Adams, C, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held
on the 17`h day of October 2001.
Executed this 18`h day of October 2001, at Rancho Cucamonga, California.
Debra J. Adams, CW, City Clerk
Resolution No. 01-233
Page 3 of 7
C o 9y-o�?q
FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CORRIDOR DESIGN AUTHORITY
This First Amendment ("Amendment') is made this)I day of Q6l 2001, by and
between the cities of Claremont, Fontana, La Verne, Rancho Cucamonga, Rialto, and Upland,
(collectively, the "Original Agencies') and the City of Montclair, all of which are municipal
corporations duly organized and existing under the laws of the State of California, and is an
amendment to that Joint Exercise of Powers Agreement("Agreement')made and entered into
the 1916 day of January, 1994 by and between the Original Agencies in connection with the
establishment of the Corridor Design Authority.
RECITALS
A. On January -19, .1994, the Original_Agencies formed the. Corridor Design
Authority for the purpose of administering a consolidated program of design and maintenance
along the Route 30 Freeway Corridor within the boundaries of the Original Agencies.
B. The Original Agencies now desire to augment the purposes of the Corridor
Design Joint Powers Authority to include a program to design,construct and maintain the Pacific
Electric htland Empire/Cmus Trail, a regional commuter bikeway project, in accordance with
master plans prepared for that Trail within the cities of Claremont,La Verne,Montclair,Rancho
Cucamonga and Upland
C. To facilitate coordination with the City of Montclair on the project for the Pacific
Electric Inland Empire/Citrus Trail,the Original Agencies desire to add the City of Montclair as
a member of the Corridor Design Authority.
D. On_ _ _ .2001,the Board of Directors of the Authority,voted to
authorize the City of Montclair to become an additional member agency to the Corridor Design
Authority and directed that this Amendment be presented to each Original Agency and to the
City of Montclair for their approval.
NOW THEREFORE, in consideration of the mutual interests of the parties and the
promises contained herein, the Original Agencies and the City of Montclair hereby agree as
follows:
Section 1. Section 1.01 (Definitions)of Article I of the Agreement is amended to add a
new defiaition for the term "Agencies"to be inserted in alphabetical order into that Section to
read as follows:
"Agencies" means the cities of Claremont, Fontana, Le Verne, Rancho
Cucamonga, Rialto and Upland (sometimes referred to as the "Original
Agencies') and the City of Montclair, all of which are municipal corporations
duly organized and existing under the laws of the State of California."
1 1 2 3 110 0 01166 0 73 5.1 Page I of5
Resolution No. 01-233
Page 4 of 7
Section 2. Section 2.01 (Purpose)of the Agreement is amended to read as follows:
"Section 2.01.Purpose. The purpose of this Agreement is to provide for the joint
exercise of powers common to the Agencies to establish a coordinated program to
design, construct and maintain the Route 30 Freeway Corridor and the Pacific
Electric Inland Emp WCitrus Trail, a multi-purpose trail within a linear park,
including, but not limited to, the acquisition of funds to the Agencies through
grants,ISTEA,TEA-21,or any other monies available to provide for these public
improvements."
Section 3. Section 2.03 (Board of Directors)is hereby amended to increase the number
of Board Members from 12 to 14 to accommodate the inclusion of representatives from the City
of Montclair.
Section 4. Section 8.01 (Notices) of Article VIII is hereby amended to add the City of
Montclair to the list of agencies to receive notices under this Agreement as follows:
"CITY OF MONTCLAIR
City Clerk
5111 Benito Street -
Montclair,California 91763
Section 4. Except as herein amended,the Agreement shall remain in full force and effect
Section 5. This Amendment may be signed by the parties in counterparts,and upon the
approval and signature of a majority of the Original Agencies and the City of Montclair, this
Amendment shall take effect. The Secretary of the Authority shall thereupon enter that effective
date of this Amendment in the introductory paragraph of this Amendment
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the
Agreement to be executed and attested to by their duly authorized officers on the day and year
set forth below the name of each of the parties.
CITY OF CLAREMONT,CALIFORNIA
By:
Title:
Date:
(SEAL)
ATTEST:
City Clerk
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Resolution No. 01-233
Page 5 of 7
Approved as to form:
City Attorney
CITY OF FONTANA,CALIFORNIA
Br.
Title:
Date:
(SEAL)
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF LA VERNE,CALIFORNIA
By:
Title:
Date:
(SEAL)
ATTEST:
City Clerk
Approved as to form:
City Attorney
[Signatures continued]
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Resolution No. 01-233
Page 6 of 7
CITY OF MONTCLAIR,CALIFORNIA
Ey:
Tide:
Date:
(SEAL).
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF RANCHO CUCAMONGA,
CALIFORNIA
y.
Title:
Date:
(SEAL)
AZ
LL
Chy Clerk
Approved as to form:
Ciq- ttorney
[Sipatures continued]
11231100011660735.1 Page 4 of 5
Resolution No. 01-233
Page 7 of 7
CITY OF RIALTO,CALIFORNIA
By:
Tide:
Date:
(SEAL)
ATTEST:
City Clerk
Approved as to form:
City Attomey
CITY OF UPLAND,CALIFORNIA
By:
Tide:
Date:
(SEAL)
ATTEST:
City Clerk
Approved as to form:
City Attomey
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