Resolution No. 5589
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RESOLUTION NO. 5589
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON, CALIFORNIA, OPPOSING THE
ESTABLISHMENT OF A JOINT POWERS AUTHORITY
FOR A RAIL CORRIDOR TO THE PORTS OF LONG
BEACH AND LOS ANGELES IN WHICH VERNON AND
THE OTHER CITIES IMPACTED BY ITS AC-
TIVITIES ARE NOT FULLY AND FAIRLY REPRE-
SENTED AND AUTHORIZING EXPLORATION OF THE
ESTABLISHMENT OF A NEW ENTITY REPRESENTING
THE INTERESTS OF ALL AFFECTED CITIES.
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WHEREAS, the cities of Los Angeles and Long Beach are
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in the process of establishing an independent joint powers
authority for the purpose of funding, acquiring, and construct-
ing a railroad corridor (the "Alameda Rail Corridor") roughly
along Alameda Street through the City of Vernon; and
WHEREAS, California Constitution, Article XI, section
9 , prohibits one municipal corporation from furnishing
transportation services in another municipality which furnishes
the same service and does not consent, and
WHEREAS, the initial establishment of the Alameda
Rail Corridor will be attended by considerable expenses, but
eventually may generate large amounts of revenue, and the
cities of Los Angeles and Long Beach will also benefit finan-
cially from the increase and efficiency of cargo and shipping
operations at their ports, and fairness dictates that the
benefits from the rail corridor should be shared with all of
the agencies impacted by the corridor; and,
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WHEREAS, the Alameda Rail Corridor, if established,
is likely to have substantial environmental and economic im-
pacts on the City of Vernon, including, but not limited to the
following:
1. According to the Consolidated Rail Corridor
Strategic Plan, Executive Summary (Figure
5), 25th street and 37th Street in the City
of Vernon will be denied access to Alameda
Street, Vernon Avenue and 57th Streets will
have grade level crossing, and Slauson
Avenue will have a separated grade cross-
ing. Closure of the crossings at 25th
Street and 37th Street will reroute an
average of 14,000 vehicles per day to Santa
Fe Avenue or other routes for ingress and
egress to the City of Vernon, nor can the
crossings be closed without a legal deter-
mination of the rights of the City of Ver-
non.
2. According to said Executive Summary (p. 5),
rail traffic to the ports of Long Beach and
San Pedro will increase from thirty-one
(31) trains daily in 1988 to one hundred
and six (106) trains daily by the year
2020. If all or most of said rail traffic
is shunted to the Alameda Rail Corridor,
the unseparated grade crossings in the City
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of Vernon at Vernon Avenue and 57th streets
will become virtually impassable with up to
one train every fifteen (15) minutes
(passing time for a train presently
averages 10 to 15 minutes).
3 . The al ternati ve of separated grade cross-
ings at 25th street, 37th street, Vernon
Avenue, andlor 57th street would require
acquisition of substantial amounts of
private property and would cost substantial
sums to the City of Vernon.
4. The proposed joint powers agreement (p. 2,
para. 1) authorizes acquisition of a right-
of-way one hundred and fifty (150) feet
wide. Al though the Executive Summary (p.
10) does not anticipate a corridor that
wide through the City of vernon, future
plans could be modified to acquire a sub-
stantial amount of terri tory through the
City of Vernon, which would require the
possible closure of "Little" Alameda Street
in the City of Vernon, thereby further
land-locking a substantial number of Vernon
properties.
5. The proposed joint powers agreement (p. 3),
assumes that, "other government entities
will be responsible for the funding and
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construction of certain aspects" of the
corridor, but does not specify whether the
City of Vernon and other corridor cities
are defined as such "other government
entities" and how such entities are going
to be able to fund such improvements
without receiving any benefits from the
project.
WHEREAS, the cities of Los Angeles and Long Beach in-
tend forming the joint powers authority before conducting an
environmental assessment of these and other adverse impacts
which the project may generate, as required by the California
Environmental Quality Act (CEQA); and
WHEREAS, the proposed joint powers authority does
not, as of this time, contain provision for adequate repre-
sentation of the City of Vernon or other cities along the
proposed Alameda Rail Corridor, Le., Compton, Carson, Lyn-
wood, Huntington Park, and South Gate; and
WHEREAS, the joint powers authority may require fran-
chise agreements with the various cities and the county of Los
Angeles which it traverses; may constitute a common carrier
subject to the jurisdiction of the Public utilities
Commission; and may constitute a change of organization which
requires approval of the Local Agency Formation commission;
and
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WHEREAS, the City Council of the City of Vernon
desires to indicate its opposition to the establishment of the
joint powers authority as presently composed; and,
WHEREAS, the City Council of the City of Vernon
desires to explore the possibility of the establishment of an
entity including all of the cities along the Alameda Rail Cor-
ridor which will fully and fairly represent the interest of
all of the affected cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The ci ty Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council opposes the estab-
lishment of any joint powers authority or other entity for the
acquisition andlor construction of the Alameda Rail Corridor
(a) without voting representation on behalf of Vernon and each
of the other cities along the proposed Alameda Rail Corridor,
i. e., Compton, Carson, Lynwood, Huntington Park, and South
Gate, and (b) unless said voting representation of the cities
comprises no less than six-thirteenths (6/13) of the entire
governing board of the proposed joint powers authority.
SECTION 3: the City council authorizes the Director
of Community Services and the City Attorney to exp16re and
recommend the formation of a legal entity representing the
cities of Vernon, Lynwood, Carson, compton, Huntington Park,
and South Gate capable of addressing the economic, social and
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environmental impacts which may be created by the proposed
Alameda Rail Corridor. Further authorization is given to con-
sult and coordinate such efforts with the staff and counsel of
the other cities named above in formulating such recommenda-
tion.
SECTION 4: The City Council Authorizes the Director
of Community Services and the city Attorney to research either
independently, or in conjunction with the other cities and to
report on:
1. The funding and costs of the Alameda Rail
Corridor or alternatives thereto;
2. Whether the proposed j oint powers
authority will have jurisdiction over
property outside the boundaries of the
cities of Long Beach and Los Angeles, and
within other municipalities;
3. Whether the joint powers authority con-
stitutes a change of organization or
reorganization which requires the ap-
proval of the Local Agency Formation
Commission;
4. Whether the joint powers authority will
constitute a common carrier within the
jurisdiction of the Public utilities
Commission;
5. Whether CEQA requires an environmental
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assessment prior to the formation of the
joint powers authority; and
6.
Recommendations for procedures to be fol-
lowed in developing alternative projects,
in implementing or challenging the
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proceedings before the proper agencies,
and regarding other legal recourses which
the City of Vernon may have available.
SECTION 5: The City Clerk of the City of Vernon
shall certify to the passage of this resolution and thereupon
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED, this 24th day of January,
1989.
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES)
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I, BRUCE V. MALKENHORST , City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5589, was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
at the adjourned regular meeting of the City Council held on
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Tuesday, January 24, 1989.
(SEAL)
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BR~E V. MALKENHORST, City Clerk
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