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Resolution No. 6449 1 RESOLUTION NO. 6449 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO FORM AN ASSOCIATION AND TO CONDUCT LITIGATION RESPECTING THE PIER J PROJECT OF THE PORT OF LONG BEACH 4 5 6 WHEREAS, The Ports of Long Beach and Los Angeles have 7 been engaged for the past ten years in a long-range effort to plan the future development of both Ports through the year 2020 known 8 9 as the 2020 Plan; and lO II l2 l3 l4 WHEREAS, environmental impact documents have been issued during the past ten years for said expansion plans, including the expansion of the Port of Long Beach known as the Pier J Project; and WHEREAS, the Port of Long Beach has recently taken the l5 position that a Program Environmental Impact Report exists l6 l7 covering its overall expansion, including the pier J Project; and WHEREAS, the Board of Harbor Commissioners have recently l8 voted to certify the May 1994 pier J Reconfiguration Project Final Environmental Impact Report ("1994 Final EIR") despite the 19 20 2l comments of certain cities identifying specific deficiencies in the Draft Environmental Impact Report as well as the objections of 22 23 24 certain cities as to the adequacy of the 1994 Final EIR; and WHEREAS, the cities of Compton, Lynwood, South Gate and Vernon ("Cities") believe that, by certifying the 1994 Final EIR, 25 26 the Board of Harbor Commissioners of the Port of Long Beach have failed to comply with the California Environmental Quality Act~ ("CEQA"); and 27 28 ~ k 1 2 3 4 5 6 7 8 9 lO II l2 l3 l4 l5 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 WHEREAS, the cities believe that the ground transportation impacts from the pier J Reconfiguration Project and from the overall expansion of the Port of Long Beach pose serious problems unless adequate mitigation measures are adopted; and WHEREAS, the Cities believe that it is necessary to initiate litigation to require the Port of Long Beach to comply with CEQA with respect to the certification of the 1994 Final EIR and specifically to provide for the mitigation of the ground transportation impacts of the pier J Reconfiguration Project through constructing the Alameda Corridor Project; and WHEREAS, the cities desire to execute an agreement to form an Association for the Mitigation of Transportation Impacts of Ports Expansion to satisfy the requirements of Public Resources Code S 21177(c), a copy of which has been presented to the City Council concurrently with this resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the city of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement to Form Association and to Conduct Litigation, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Attorney to file litigation against the Port of Long Beach in order to compel compliance with CEQA. -2- " 1 ... SECTION 4: The City Council of the City of Vernon hereby 2 3 authorizes the Mayor and City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. 4 5 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and 6 7 thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of June, 1994. ~ 8 9 lO II l2 l3 AT~/ BRUCE V. MALKENHORST, l4 l5 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 -3- ..:. 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 6 Vernon, do hereby certify that the foregoing Resolution, being 7 Resolution No. 6449, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 7. 1994, and thereafter was duly signed by the 8 9 Mayor of the City of Vernon. BR~ MALL~~ lO II l2 (SEAL) l3 l4 l5 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 -4-