Resolution No. 6585
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RESOLUTION NO. 6585
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACKNOWLEDGING THE AUTHORIZATION OF THE
EXECUTION OF THE AGREEMENT TO FORM ASSOCIATION
AND TO CONDUCT LITIGATION RESPECTING THE ALAMEDA
CORRIDOR PROJECT ON JANUARY 17, 1995
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WHEREAS, the Ports of Long Beach and Los Angeles
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("ports") have been engaged for the past ten years in a long-range
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effort to plan the future development of both Ports through the
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year 2020 known as the 2020 Plan; and
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WHEREAS, studies have been performed due to the growing
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concerns about the ability of the ground transportation system to
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accommodate increasing levels of traffic from the Ports and the
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impacts of projected train traffic and truck traffic on the
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communities north of the Ports wherein it was determined that
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consolidating all train traffic on an up-graded Southern Pacific
San Pedro branch right-of-way and some truck traffic on the
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redesigned Alameda Boulevard (hereinafter referred to as the
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IAlamedaCorridor") would be the most cost effective alternative
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to address the anticipated negative impacts; and
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WHEREAS, the Alameda Corridor Transportation Authority
("ACTA") was formed pursuant to a Joint Exercise of Power
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Agreement between the cities of Long Beach and Los Angeles (the
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"JPA") on August 31, 1989 to achieve the objective of constructing
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and developing the Alameda Corridor; and
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WHEREAS, the JPA required ACTA to be administered by a
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Governing Board of 15 members and all action to be taken by ACTA
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required a majority vote by its Governing Board; and
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WHEREAS, in recognition of the legitimate and significant
concerns of the cities of Compton, Lynwood, South Gate and Vernon
("Cities"), each city, as well as various other public agencies,
became equal members of ACTA's Governing Board and, therefore, the
cities were able to provide input and participate equally in
providing direction to the proposed development of the Alameda
Corridor within their respective communities; and
WHEREAS, the cities of Long Beach and Los Angeles during
December of 1993 executed an Amendment to the JPA (the "Third
Amendment") which delegates new and broad powers to the ACTA
Finance Committee and has removed the Finance Committee from under
the Governing Board's supervision and control, thereby drastically
limiting the cities' involvement in important issues raised by the
Alameda Corridor project; and
WHEREAS, the cities contend that the Third Amendment
improperly delegates power to the Finance Committee in violation
of the Joint Powers Act (Gov. Code ~~ 65000 et seq.) and other
relevant law and, therefore, all final action taken by the Finance
Committee pursuant to said Third Amendment is invalid; and
WHEREAS, the cities believe that it is necessary to
initiate litigation to enjoin the cities of Long Beach and Los
Angeles from taking action under the Third Amendment which does
not comply with the Joint Powers Act; and
WHEREAS, the cities desire to form an association in
order to join together to assert common rights and privileges
being affected by the actions of the cities of Los Angeles and
Long Beach, the Ports of Los Angeles and Long Beach, and the
Harbor Commissions of Los Angeles and Long Beach; and
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WHEREAS, the cities desire to execute an Agreement to
Form Association and to Conduct Litigation to satisfy the
requirements of Public Resources Code ~ 21177{c); and
WHEREAS, the City Council in closed session on
January 17, 1995, considered these matters and authorized the
Mayor to execute the Agreement and authorized the City Attorney,
in accordance with the Agreement, to file the lawsuit against the
cities of Los Angeles and Long Beach, the Ports of Los Angeles and
Long Beach and the Harbor Commissions of Los Angeles and Long
Beach, and that this Council action would be placed in the City
Council minutes after the litigation was filed; and
WHEREAS, the litigation was filed in the Superior Court
of the County of Los Angeles on January 30, 1995, and was assigned
Case No. BS 032326.
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
acknowledges its approval of the Agreement to Form Association and
to Conduct Litigation, on January 17, 1995, and the authorization
to the City Attorney to file litigation pursuant to said
authorization, and the City Council hereby orders said Agreement
to be received and filed by the City Clerk.
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SECTION 3: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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this 7th day of February, 1995.
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...-- EONIS C. MALBU I Mayor
APPROVED AND ADOPTED
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BRUCE V. MALKENHORST, city
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, city Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6585, was duly adopted by the City council of the
City of Vernon at a regular meeting of the City council duly held
on Tuesday, February 7. 1995, and thereafter was duly signed by
the Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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July.19, 1995
To: Eduardo Olivo, Es ire ~ ~ ~
From: Gloria J. Oros o Chief-Deputy City .Clerk
Re: AGREEMENT TO FORM ASSOCIATION TO CONDUCT LITIGATION
(ALAMEDA CORRIDOR)
I have reviewed the file on the. .above referenced matter and have
` found that we have one fully executed agreement by the City of
Vernon-and a FAX copy of a fully executed agreement from the City
of Lynwood. We do not have anything in our files from the cities
of Compton"or South Gate, and I would appreciate it, if you are
able to obtain signature pages from those `cities, if you would
forward them to us fore our files.
If you have any questions, do not hesitate to contact me.
GJO/hr
Enclosure
MEMORANDUM
TO: Gloria Orosco, City of Vernon
FROM: Eduardo Olivo
DATE: July 17, 1995
SUBJECT: City of Vernon v. Los Angeles and L ng Beach/Agreement
to Form the Association to Conduct~~~tigation
As you will probably recall, before initiating the above lawsuit
to challenge the `Third Amendment to the Joint Power's Agreement.,
the cities of Vernon.,. Compton,. South G to and Lynwood executed an
agreement to form the Association for~tgation of Transportation
Impact of Ports' Expansion. l,~
The cities who signed the agreement were supposed to send us five
executed original signature pages.. We have received a set from
Vernon and South Gate. However, my .files indicate that we have
never received a .set from Compton or Lynwood . Did your office ever
receive the executed signature pages from those cities?
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v~' Ctfy ../ldeettnq (~'I,aQQenges ~ r
11330 BU~~IS ROAD.. ~ ~ ~
LYNWOpp,.CAI.IFORNIA 902fi2
(310) 603~022~
FF~~~~~1lLE ~~~EF! SHEET
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FEB-16-95 THU 1120 P, 02
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EXECUTION COPY
1 AGREEMENT 'fO FORM ASSOCIATION
~ AND TO CONDUCT LI IGATION
3 THIS.. AGREEMENT is made, entered into-and executed in
4 quadruplicate originals, a copy of which may be considered and
5 used as the original, hereof for all purposes,
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7 8Y AND.$ETWEEN CITY QF COMPTON
(hereinafter referred to as
$ nCOMPTON")
. 205 S. Willowbrook Avenue
Compton, California 90220
AND CITY.. OF LYNWOOd
10 (hereinafter referred o as
li "LYNWOOD")
133p'Bullis Road
12 Lynwood, California 90262
AND CITY OF SOUTH GATE
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(hereinafter referred to as
14 "SOUTH GATE")
8650 California-Avenue
1S South Gate, California 90280
16 AND CITY OF VERNON
(hereinafter referred to as
17 "VERNON")
4305 Santa Fe Avenue
18 Vernon, California 90058-0805
19 (referred to individually as "CITY' and collectively as "CITIES")
24 RECITALS
21 A. For about ten years, the Ports of Lang Beach and Los Angeies
("PORTS") have been engaged in a long-range effort to `plan
23 the future development of both Ports through the year 2020,
24 known as the 2020 Plan.
25 8. Generally, there have been growing concerns about the ability
26 of the ground transportation system to accommodate increasing
27 levels of traffic from the•PORTS. Specifically,.there is
,28 concern over the 'impacts of~projected train traffio and truck
FEB-16-95 THU 1121 P, 03
1 traffic'on the'cammunities north of the PORTS. After .various
~ studies, it was determined. that consolidating all train
3 traffic on an up-graded .Southern pacific San Pedro branch
4 right-of-way~and some truck tr~:ffic on the redesigned Alameda
aoulevard (hereinafter referred to as the "Alameda Corridor")
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8 would be the most :cost effective alternative to address the
7 anticipated negative-impacts.
8 C. The CITIES have no objection to .the consolidation of rail
9 movement and truck movement in one corridor, and generally
10 support the construction of the Alameda Corridor.'
31 Nevertheless, the explosive expansion of the PORTS has-
,I2 resulted in substantial adverse train and truck impacts on
13 thy.communities of each CITY. Therefore, each CITY has
Z4 significant and important concerns regarding the appropriate
15 mitigation measures wh ch must be taken to reduce the
16 negative impacts Qn their respective communities. In this
17 regard, the CITIES are .concerned about the equitable setting
18 of priorities for program elements, and timely implementation
18 of .the Alameda Corridor Prc~j'ect.
20 D. The A ameda Corridor Transportation Authority {"ACTA") was
21 formed puXSUant to a Jaint Exerciser of Power Agreement
22 between. the Cities. of Long Beach and'hos Angeles (the "JPA")
23 on August 31, 1989. ACTA was farmed to achieve the objective
24 of constructing and developing thee-Alameda Corridor. The JPA
25 required ACTA to be administered by a Governing Board of 15
26 members. All. action to be taken by ACTA required a majority
27 vote by its Governing Boax-d.:
28 E. Tn recognition of the legitimate and significant concerns of
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1 the CITIES, each CI'~Y, as well as various Other public
2 agencies, became equal :members of ACTA's Governing Board.
3 Consequently, the CITIES were able tp provide input and
~ .participate equally;in providing direction to the proposed.
~ development. of the Alameda Corridor within their respective
communities.
7 F. Nevertheless, the Cities of Long Beach and Los .Angeles have
recently. executed an Amendment;to the:JPA ("the Third '
9 Amendment"). The Third Amendment delegates new .and broad
10 powers to the ACTA Finance Committee. Further, the Third
13 Amendment has removed the Finance Committee from under the
12 Governing Baard.'s supervision-and control. The Governing
13 gaard is now completely blocked fxom considering, reviewing,
14 approving or voting on-..any ...actions taken by the Finance
15 Committee pursuant to the. powers delegated by the Third.
16 Amendment. Therefore,_the Third Amendment has the effect of
17 'drastically limiting the CITIES involvement in important
issues raised by the Alameda Corridor project.
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19 G• The CITIES believe that the'Third Amendment improperly
20 delegates power to the Finance Committee in violation of the ~I
21 Joirit Powers-Act (Gov.`Code §G5000,;e se and other
22 relevant. law. Hence, the CITIES believe that the Third
23 Amendment, at~d all final action taken by the Finance
24 Committee without Governing-Board approval pursuant to said
Q5 Third Amendment,` is invalid.
2g H. The CITIES intend to form an association in order. to join
27 together to assert common. rights and privileges being
28 affected by the actions oP the cities of Las Angeles-and. Long
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FEB-16-95 THU 11;22 P.
1 Beach and by the actions of the Los Angeles Harbor Commission
2 and the-Long Beach Harbor Commission. Such common rights may
3 include the initiation of legal challenges to actions
4 affecting such rights.
5 I. The CITIES believe that. it is necessary to bring a lawsuit tv
6 enjoin the Cities of Lang Beach. and Los Angeles from taking
action under the Third Amendment which does not comply with
the Joint Powers Act.
9 J. VERNON has agreed t4 fund and conduct the litigation
10 challenging the Third Amendment, provided that each CITY
Zl agree to join in the litigation, that the`CITIES:..form an
12 association for purposes of such litigation which will
13 satisfy .the requirements of :public Resources Code Section
14 21177(c), and that.-each CITY agree to cooperate with Counsel
15 far VERNON in the conduct of such. litigation.
16 NOW, THEREFORE, FOR AND. IN CONSIpERATION OF THE MUTUAL
17 COVENANTS AND CONDITIONS HEREIN,: THE CITIES AGREE AS FOLLOWS:
18 SEC'T'ION 1: ASSOCIATION .
19 The CITIES agree to associate together as the Association
20 for the Mitigation of Transportation Impacts of port$ Expansion
2Z (the "Association"). The purpose of this Association shall be to
22 cooperate in bringing a legal challenge to unlawful action taken..
23 pursuant to the Third Amendment which was executed by the Cities
24 of Long Seach and Las Angeles, and any other necessary .legal" I,
25 challenges to any other. action taken with; regard to the II
26 development and construction of the: Alameda Cvx'ridor provided such
27 other legal challenges are..approved by each CITY.
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_.1 SECTION 2: AUTHORIZING_ LITIGATION.
2 The City Council of e$ch CITY hereby authorizes each fiITY
to enter rota joint litigation to require. the Cities of 'Long SeaCh
4 and Los Angeles to `comply with the Joint Powers Act, and other
5 law, with respect o the Third Amendment... Further, the•City
g Council of each CITY may authorize any .other litigation which:-may
7 be deemed necessary:.by the CITIES pursuant t4 this Agreement as
g part of the purpose of `said Association.
g SECTION 3: COST-AND CONDUCT-OF LITIGATION.
14 :Upon the approval of all `CITIES, VERNON shall pay the
11 entire Cost to conduct-the litigation to require the Cities of
12 Long Beach and: Los Angeles to comply with-the Joint Pawers.Act,
13 and other law,.e~nd challenging actions taken pursuant to the Third
14 Amendment and shall be responsible for the conduct of such.
15 litigation. VERNON shall include the CITIES in any settlement
lg discussions if such are requested or offered by the Cities of Long
lry Beach and. Los Angeles.
1$ SECTION 4: COOPERATION WITH CONDUCT OF LITIGATION.
~lg The CITIES .agree to cooperate with counsel conducting the 'I
20 litigation by communicating with said counsel and by furnishing
zl informationrelated_to the invalid acts-taken pursuant to the`'
82 Third Amendment, and any -other information necessary to the
23 conduct. of such litgat~,an.
24 SECTION 5: CONTTNUANCE_OF ASSOCIATION.
25 The CITIES intend that the Association continue in
26 existence apart from the litigation initiated to challenge .the
27 validity of the Third Amendment, and any action taken by the
28 Finance Committee pursuant to the Third Amendment. The
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FEB-16-95 THU 11 ~ 24 P, 07
1 Association sha11 cantinu~ to exist for the purposes of taking any
2 other necessary legal challenges to anyother action taken with
~ regard to the development and construction of the Alameda
4 Corridor, provided such legal challenge is approved by each CITY.
5 SECTION 6:` NOTrCF8.
g Each CITY agrees to designate an employee as contact
person with respect_to the conduct of litigation initiated
8 pursuant to this Agreement, including any settlement discussions.
g In addition, service of any notices shall be sent to the CITIES.
10 via United States Postal Service, postage prepaid, to the CITIES
11 aaaressea as follows:
12 ATTN CITY MANAGER
:CITY OF COMPTON
13 205 S WILLOWBROOK AVE
COMPTON CA 902.20
14 ATTN CITY MANAGER'
15 CITY OF LYNWOOD
11330 BULLIS ROAD
26 _LYNWOOD CA 90262
17 ATTN CITY MANAGER
CITY OF 'SOUTH GATE
18 8650 CALYFORNIA-AVE-
SOUTH GATE CA 9028Q
~9 ATTN CITY ADMINISTRATOR
20 CITY OF VERNON
4305 SANTA FE AVE
21 VERNON CA 9.0058-0805
22 SECTION 7: ASSIGNMENT PROHIBITED.
23 No party-to this Agreement may assign any right or
24 obligation pursuant to this Agreement except-with the. prior
25 express written consent of the other parties. Any other attempted
2g or, purported assignment of any right or obligation. pursuant to
2q this .Agreement shall be void and of no effect.
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FEB-16-95 THU 1125 P. 08
Z SECTION 8: FXECUTTON BY COUNTERPARTS.
Q This agreement .may be executed by any number of
3 ..counterparts, and upon execution by all Parties, each executed
4 counterpart shall have the same .force and 'effect as an original
~ instrument and as if all Parties had signed the same instrument.
6 Any signature page of this agreement may be detached from any
~ .counterpart of this agreement without impairing the legal effect
g of any signature thereon., and may be 'attached to anothex
9 counterpart of this agreement identical in form hereto but having:
10 attached to it one or more signature pages.
ZZ SECTION 9: SIGNATURE CLAUSE.
12 The signatories hereto represent that they .have been
13 appropriately authorised to enter into this agreement an behalf of
14 the Party for~whom they sign. when fully executed, this agreement
_15 .will be effective as of the `30th day. of :January, 1995.
16 IN WITNESS WHEREOF, each CITY has executed this
17 Agreement..
is III.
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GI~'Y OF LYNWOOD
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~ DA'V'E OF ..EXECUTION : BY : ~~~i
~ ~ ~ ~ - ~ Tl'rLE: ~"1CA
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5 ATTEST:',
6 BY:
7 TITLE: +
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9 AppROVED AS TO-FORM:
10 BY : :.r
7,1 TITLE: or~rv
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13 Seal:
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• February 6, 1995
To: David B. Brearley, City Attorney
From: Gloria Orosco, Chief Deputy City Clerk
Re: ALAMEDA CORRIDOR - AGREEMENT TO FORM ASSOCIATION-
AND TO CONDUCT LITIGATION
In accordance with your letter dated January 30,1995., enclosed
herewith .are five (5) originally executed .signature pages from
the City of Vernon..
Please remember to forward to us a conformed agreement which
.includes original signature pages from each participating agency.
Thank you.
GJO/hr
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (818) 330-5818
Mayor VICTOR H. VAITS
THOMAS A. YBARRA Director of Community Services & Water
Mayor Pro-Tem FAX: (213) 588-2761
Wm. "BILL" DAVIS KENNETH J. DeDARIO
Councilman Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
LOUIS ROSENKRANTZ
BRUCE V. MALKENHORST Police Chief
City Administrator/City Clerk CITY BALL FAX: (213) 581-1178
FAX: (213) 581-7924 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Refer to:
TELEPHONE (213) 583-8811
MEMORANDUM
TO: Mr. Chris Silva, South Gate
Mr. Howard Caldwell, Compton
Mr. Faustin Gonzales, Lynwood
Mr. Bruce V. Malkenhorst, Vernon
FROM: David B. Brearley, City Attorney, Ver n ~t~
DATE: January 30, 1995
SUBJECT: Alameda Corridor - Agreement to Form Association and to
Conduct Litigation
Enclosed please find the final Agreement to Form Association
and to Conduct Litigation.
In accordance with Section 8 of the Agreement, it is only
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;~n'ecessary for your city to sign a counterpart of the Agreement.
Therefore, enclosed please find for signature five copies of the
signature page concerning your City. Please return all signed
copies to me at the following address:
2440 S. Hacienda Blvd., #223
Hacienda Heights, CA 91745
Upon execution by all parties, all of the signed signature
pages from each City will be forwarded to you to attach to the
Agreement.
If you have any questions, please contact me.
DBB:jl
® Enclosure - Via Express Mail
_
I,
CITY COUNCIL DAVID B. BREARLEY
City Attorney
LEONIS C. MALBURG FAX: (818) 330-5818
Mayor VICTOR H. VAITS
THOMAS A. YBARRA Director of Community Services & Water
Mayor Pro-Tem FAX: (213) 588-2761
Wm. "BILL" DAMS KENNETH J. DeDARIO
Councilman Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman DAVE TELFORD
Fire Chief
W. MICHAEL McCORMICK FAX: (213) 581-1385
Councilman
LOUIS ROSENKRANTZ
BRUCE V. MALKENHORST T v u A j' T Police Chief
City Administrator/City Clerk CIS' 1 1it~LL FAX: (213) 581-1178
FAX: (213) 581-7924 !n Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811 ` , P"'',
January 17, 1995
Y: 4
CONFIDENTIAL-ATTORNEY WORK PRODUCT
Honorable-Paul Richards
Mayor, City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Honorable Albert Robles
Mayor, City of South Gate
8650 California Avenue
South Gate, CA 90280
Honorable Ronald J. Green
Councilman, City of Compton
205 S. Willowbrook Avenue
Compton, CA 90220
Honorable Thomas A. Ybarra
Mayor Pro Tem, City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Re: Action to Contest the Validity of the Third Amendment to
the Joint Powers Agreement
Gentlemen:
As you know, it has been our continuing collective opinion
that the Third Amendment to the Joint Powers Agreement ("Third
Amendment") which was executed by the Cities of Long Beach and Los
Angeles, has improperly delegated powers to the Finance Committee.
In fact, during the Alameda. Corridor Transportation Authority
("ACTA") Governing Board meeting on April 14, 1994, Jim Cragin,
with the support of Mayor Richards, raised this issue to the Board
and ACTA's general counsel, Mr. Swan.
i`.
Messrs. Richards, Robles, Green,
and Ybarra
Page 2
January 17, 1995
Originally, the Joint Powers Agreement ("JPA") required ACTA
to be administered by ACTA's Governing Board.. The original JPA also
established a three-member Finance Committee which was to perform
certain limited duties which were subject to approval by the
Governing.: Board. Therefore, although certain duties were assigned
to the Finance Committee, the actions of the Committee were under
the direct control and supervision of the Governing Board. This
structure remained intact until the execution of the Third
.Amendment.
The Third Amendment now delegates a broad range of powers to
the Finance .Committee. These powers include the ability to make
decisions regarding the expenditure of funds, the- borrowing of
money, the setting of any charges or rates .for the use of the
Alameda Corridor and the awarding of contracts to be funded by
funds provided by the Ports. The Third Amendment allows the
Finance Committee to take these actions without any review or
supervision by the Governing Board. Therefore, because our cities
only have one vote on the newly created seven member Finance
Committee, our representation in the decision-making process has
been drastically reduced. This creates significant concern
regarding our ability to assure that our interests are properly
represented.
The delegation of these broad powers appears to be in
.violation of the Joint Powers Act (Gov. Code § 65000, et sea.),
which governs the formation of all joint powers agreements. After
the issue was raised at the Governing Board meeting by Jim Cragin
and Mayor Richards, the City of Long Beach retained the law firm of
O'Melveny and Myers to render a Tegal opinion regarding the
delegation. Nevertheless, the opinion proffered by O'Melveny and
Myers appears to contain an incomplete and inaccurate analysis.
Therefore, we disagree with the conclusions contained in that.
opinion. It is our belief that the delegation is improper and
cannot be supported based on the action taken to date, and,
therefore, that any action taken by the Finance Committee pursuant
to the Third Amendment, without approval of the Governing Board, is.
improper.
The Joint Powers-Act permits the Cities of Long Beach and Los
Angeles to enter into an agreement in order to create a separate
public entity (ACTA) to exercise the powers common to both cities.
However, the Joint Powers Act restricts the manner in which such
powers may be exercised. to the manner in which a designated party
to the contract may exercise similar powers; in this case, the
restrictions imposed upon the City of Los Angeles are applicable.
For example, the Act would permit the delegation of the powers
conferred upon the Finance Committee in the Third Amendment, i.e.,
the power to establish policy for the expenditure of funds, the
power to tax and impose rates and charges, and the power to enter
into contracts, only if the City of Los .Angeles' Charter, and
~ I.:
Messrs. Richards, Robles, Green,
and Ybarra
Page 3
January 17, 1995
general law, permits the City Council to delegate such important
decisions to a "committee." Nevertheless, the delegation appears
to be inconsistent with the Charter and, therefore, in violation of
the Joint Powers Act.
It is our belief that it is critical to take immediate action
to protect our respective interests. Therefore, it is necessary to
take legal action to enjoin the Cities of Long Beach and Los
Angeles from taking action under the Third Amendment which does
not comply with the Joint Powers Act. In that regard, we .propose
that our Cities form an association in order to join together to
assert common rights and privileges -being affected by the Cities of
Los Angeles and Long Beach and by actions of the Los Angeles Harbor
Commission and the Long Beach Harbor Commission. I have proceeded
to prepare a draft of such an agreement and have enclosed it .for
your review and comments..
Please contact me so we may discuss this matter as soon as
possible.-
Very truly yours,
~ ~
David B. Brearley
City Attorney
DBB:EO:jl
Enclosure
cc: Mr. Bruce V. Malkenhorst, City Administrator
DRAFT 1 /17/95
AGREEMENT TO FORM ASSOCIATION
AND TO CONDUCT LITIGATION
THIS AGREEMENT is .made, entered into and executed in
quadruplicate originals, a copy of which may be considered and
used as the original hereof for all purposes,
BY AND BETWEEN CITY OF COMPTON
(hereinafter referred to as
"COMPTON")
205 S. Willowbrook Avenue
Compton, California 90220
AND CITY OF LYNWOOD
(hereinafter referred to as
"LYNWOOD")
1330 Bullis Road
Lynwood, California 90262
AND CITY OF SOUTH GATE
(hereinafter referred to as
"SOUTH GATE")
8650 California Avenue
South Gate, California 90280
AND CITY OF VERNON
(hereinafter referred to as
"VERNON".)
430.5 Santa Fe Avenue
Vernon,, California 90058-0805
(referred to individually as "CITY" and collectively as "CITIES")
RECITALS
A. For about ten years, the Ports of Long Beach and Los Angeles
("PORTS") have been engaged in a long-range effort to plan
the future development of both Ports through the year 2020,
known as the 2020 Plan a
B. Generally, there have been growing concerns about the ability
of the ground transportation system to accommodate increasing
levels of traffic from the PORTS. Specifically, there is
concern over the impacts of projected train traffic and truck
traffic on the communities north of the PORTS. After various
studies, it was determined that consolidating all train
traffic on an up-graded Southern Pacific San Pedro branch
right-of-way and some truck traffic on the redesigned Alameda
Boulevard (hereinafter referred to as the "Alameda Corridor")
would be the most cost effective alternative to address the
anticipated negative impacts.
C. The CITIES-have no objection to the consolidation of rail
movement and truck movement in one corridor, and generally
support the construction of the Alameda Corridor.
Nevertheless, the explosive expansion of-the PORTS has
resulted in substantial adverse train and truck impacts on
the communities of each CITY. Therefore, each CITY has
significant and important concerns regarding the appropriate
mitigation measures which must be taken to reduce the
negative impacts on their respective communities. In this
regard, the CITIES are concerned about the equitable setting
of priorities for program elements, and timely implementation
of the Alameda Corridor Project.
D. The Alameda Corridor Transportation Authority ("ACTA") was
formed pursuant to a Joint. Exercise of Power Agreement
between the Cities of Long Beach and Los Angeles (the "JPA")
on August 31, 1989. ACTA was formed to achieve the objective
of constructing and developing the Alameda Corridor. The JPA
required ACTA to be administered by a Governing Board of 15
members. All action to be taken by ACTA required a majority
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vote by -its Governing Board.
E. In recognition of the legitimate and .significant concerns of
the CITIES,-each CITY, as well as various other public
agencies, became equal members of ACTA's Governing Board.
Consequently, the CITIES were able to provide input and
participate equally in providing direction to the proposed
development of the Alameda Corridor within their respective
communities.
F. Nevertheless, the Cities of Long Beach and Los Angeles have
recently executed an Amendment to the JPA ("the Third
Amendment"). The Third Amendment delegates new and broad
powers to the ACTA Finance Committee. Further, the Third
Amendment has removed the Finance Committee from under the
Governing Board's supervision and control. The Governing
Board is now completely blocked from considering, reviewing,
approving or voting on any actions taken by the Finance
Committee pursuant to the powers delegated by the Third
Amendment. Therefore, the Third Amendment has the effect of
drastically limiting the CITIES' involvement in important
issues raised by the Alameda Corridor project.
G. The CITIES believe that the Third Amendment improperly
delegates power to the Finance Committee in violation of the
Joint Powers Act (Gov. Code §65000, et seq.) and other
relevant law. Hence, the CITIES believe that the Third
Amendment, and all final action taken by the Finance
Committee without Governing Board approval pursuant to said
Third Amendment, is invalid.
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H. The CITIES intend to-form an association in order to join
together to assert common rights and privileges being
affected by the actions of the Cities of Los Angeles and Long
Beach and by the actions of the-Los Angeles Harbor Commission
and the Long Beach Harbor Commission. Such common. rights may
include the initiation of legal challenges to actions
affecting such rights.
I. The CITIES believe that it is necessary to bring a lawsuit to
enjoin the Cities of Long Beach and Los Angeles from taking
action under the Third Amendment which does not comply with
the Joint Powers Act.
J. VERNON has agreed to fund and conduct the litigation
challenging the Third Amendment,. provided that each CITY
agree to join in the litigation, that the CITIES form an
association for purposes of such litigation which will
satisfy the requirements of Public .Resources Code Section
21177(c), and that each CITY agree to cooperate with counsel
for VERNON in-the conduct of such litigation.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL -
.COVENANTS AND CONDITIONS HEREIN, THE CITIES AGREE A5 FOLLOWS:
SECTION 1: ASSOCIATION.
The CITIES agree to associate together as the Association
for the. Mitigation of Transportation Impacts of Ports Expansion
(the "Association"). The purpose of this Association shall be to
cooperate in bringing a legal challenge to unlawful action taken
pursuant to the Third Amendment which was executed by the Cities
of Long Beach and Los Angeles, and any other necessary legal
challenges to any other action taken with regard to the
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development and construction of the Alameda Corridor provided such
other legal challenges are approved by each CITY.
SECTION 2: AUTHORIZING LITIGATION.
The City Council of each CITY hereby authorizes-each CITY
to enter into joint litigation to require the Cities of Long Beach
and Los Angeles to comply with the Joint Powers Act, and other
law, with respect to the Third Amendment. Further, the City
Council of-each CITY may authorize any other litigation which may
be deemed necessary by the CITIES pursuant to this Agreement as
part of the purpose of said Association.
SECTION 3: COST AND CONDUCT OF LITIGATION.
Upon the approval of all CITIES, VERNON shall pay the
entire cost to conduct the litigation to require the Cities of
Long Beach and Los Angeles to comply with the Joint Powers Act,
and other law, and challenging actions taken pursuant to the Third
Amendment and shall be responsible for the conduct of such
litigation. VERNON shall include the CITIES in any settlement
discussions if such .are requested or offered by the Cities of Long
-Beach and Los Angeles.
SECTION 4: COOPERATION WITH CONDUCT OF LITIGATION.
The CITIES agree to cooperate with counsel conducting the
litigation by communicating with said counsel and by furnishing
information related to the invalid. acts taken pursuant to the
Third Amendment, and any other information necessary to the
conduct of such litigation.
SECTION 5: CONTINUANCE OF ASSOCIATION.
The CITIES intend that the Association continue in
existence apart from the litigation initiated to challenge the
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validity of the Third Amendment, and any action taken by the
Finance Committee pursuant to the Third Amendment.. The
Association shall continue to exist for the purposes of taking any
other necessary legal challenges to .any other action taken with
regard to the development and construction of the Alameda
Corridor, provided such legal challenge is approved by each CITY..
SECTION 6: NOTICES.
Each CITY agrees to designate an employee as contact
person with respect to the conduct of litigation initiated
pursuant to this Agreement, including any settlement discussions.
In addition, service of any notices shall be sent to the CITIES
via United States Postal Service, postage prepaid, to the CITIES
addressed as follows:
ATTN CITY MANAGER
CITY OF COMPTON
205 S WILLOWBROOK AVE
COMPTON CA 90220
ATTN CITY MANAGER
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD CA 90262
ATTN CITY MANAGER
CITY OF SOUTH GATE
8650 CALIFORNIA AVE
SOUTH GATE CA 90280
.ATTN CITY ADMINISTRATOR
CITY OF VERNON
4305 SANTA FE AVE
VERNON CA 90058-0805
SECTION 7: ASSLGNMENT PROHIBITED.
No party to this Agreement may assign any right or
obligation pursuant to this Agreement except with the prior
express written consent of the other parties. Any other attempted
or purported assignment of .any right or obligation pursuant to
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this Agreement shall be void and of no effect.
SECTION 8: EXECUTION BY .COUNTERPARTS.
This agreement may be executed by any number of
counterparts, and upon execution by all Parties, each executed
counterpart shall have the same force and effect as an original
instrument and as if all Parties had signed the same instrument.
Any signature page of this agreement may be detached from any
counterpart of this agreement without impairing the legal effect
of any signature thereon, and may be attached to another
counterpart of this agreement identical in form hereto but having
attached to it one or more signature pages..
SECTION 9: SIGNATURE CLAUSE.
The signatories hereto represent that they have been
appropriately authorized to enter into this agreement on behalf of
the Party for whom they sign. When fully executed, this agreement
t'
will be effective as of the /5~ day of 1995.
IN WITNESS WHEREOF, each CITY has executed this
Agreement.
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CITY OF COMPTON
-DATE OF EXECUTION: BY:
TITLE:
ATTEST'
BY:
TITLE:
APPROVED AS TO FORM:
BY:
TITLE:
Seal:
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CITY OF LYNWOOD
DATE OF EXECUTION: BY:
TITLE:
ATTEST:
BY:
TITLE:
APPROVED AS TO FORM:
BY:
TITLE•
Seal:
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CITY OF SOUTH GATE
DATE OF EXECUTION: BY:
TITLE:.
ATTEST:
BY:
TITLE:
APPROVED AS TO FORM:
BY:
TITLE:
Seal:
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_ _ _ _
CITY OF VERNON
BY:
TITLE• Mayor
DATE OF EXECUTION:.
ATTEST:
BY:
BRUCE V. MALKENHORST
TITLE: City Clerk
APPROVED AS TO FORM:
BY:
DAVID B. BREARLEY
TITLE: City Attorney
Seal:
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