Resolution No. 6878
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RESOLUTION NO. 6878
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE FINAL
VERSION OF THE AMENDED CONSENT DECREE BETWEEN
THE UNITED STATES AND THE STATE OF CALIFORNIA
AND THE SETTLING LOCAL GOVERNMENTAL ENTITIES
IN UNITED STATES OF AMERICA. ET AL. v.
MONTROSE CHEMICAL CORPORATION OF CALIFORNIA.
ET AL., USDC Case No. CV90-3122 AAH (JRx)
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WHEREAS, the case of United States v. Montrose Chemical
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Corporation, Case No. CV90-3122-AAH (JRx), is presently pending in
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the United States District Court, Central District of California;
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and
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WHEREAS, the City of Vernon was named as a cross-
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defendant in said action; and
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WHEREAS, in 1992 the City of Vernon approved the
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original Consent Decree in the case of United States v. Montrose
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Chemical Corporation which was filed on April 26, 1993; and
WHEREAS, a settlement amount was determined for the City
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of Vernon in the amount of $79,514 which was paid to the Los
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Angeles County Sanitation District No. 2 on January 5, 1993; and
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WHEREAS, on March 21, 1995, the Ninth Circuit Court of
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Appeals reversed the approval of the 1993 Consent Decree and
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remanded it; and
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WHEREAS, an Amended Consent Decree has been drafted
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which does not increase the amount of the settlement contained in
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the original Consent Decree and does not impose any additional
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obligation upon the City of Vernon; and
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WHEREAS, the City has been requested to sign the Amended
Consent Decree forthwith because another appeal is pending before
the Ninth Circuit Court, and it would be preferable to have the
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Amended Consent Decree filed prior to a ruling upon that appeal;
and
WHEREAS, the City Attorney has recommended that ;the
City of Vernon sign the Amended Consent Decree.
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
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Amended Consent Decree, a copy of which has
been presented to the City council concurrently with this
resolution, and the City council hereby orders said Decree to be
received and filed by the City Clerk.
SECTION 3: The City council of the city of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the city of Vernon.
SECTION 4: 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.
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2 original execution pages directly to:
SECTION 5: The City Clerk shall transmit two duplicate
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ATTES~
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BRUCE V.
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Adam Kushner, Esq.
U.S. Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044.
APPROVED AND ADOPTED this 5th day of November, 1996.
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~ . ~ONIS C. ~ BURG, M yor
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6878, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, November 5, 1996, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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H. "I..ARRY" GONZALES
Co~
W. MICHAEL McCORMICK
CounOJman
DAVID B BREARLEY ~~~ CITY CLERK
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I4J 0021003
11/13/96 16:39 FAX 818 330 5818
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CmCOUNCrL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pto-Tem
Wrn. "BIJ..L" DAVIS
Coundlmall
DAVID B. BREARLEY
City Attorney
rl'J(: (818) 330-5818
KEVIN WILsON
Oi~or ot Community Services &: Water
FAX: (213) 588-2761
BRUCE V. MALKENHORST
City Administrator/City Om
PAX: (213) S81-792f
CITY HALL
KENNEnI]. DeOARlO
Oin!c:tor of Light &: Power
FAX: (213) 583-1983
DAVE TElfORD
File Chief
FAX: (213) 581.1385
WillS ROSENl<RANTZ
Police O1.iet
FAX; (213) 581-1178
4305 SANTA FE AVENUE, VE~ON, CALIFORNIA 90058
tELEPHOm (213) 583-8811
November 6, 1996
Adam Kushner, Esq.
u.s. Department of Justice
Environmental and Natural Resources Division
P. o. Box 7611
Washington, D.C. 20044
Re: U.s.. et al. v. Montrose Cheroical Corporation, et al.
USDC Case No. CV 90-3122-AAH (JRx)
Dear Mr. Kushner:
As instructed by Rufus C. Young, Jr. of Burke, Williams &
Sorensen in his letter of August 9, 1996 (copy enclosed), please
find herewith two duplicate original execution pages to the Amended
consent Decree in the above-referenced case.
If you have any questions respecting these execution pages,
please call me at (818) 336-3408.
Very truly yours,
bo.-I \),n.,~f
David B. Brearley
city Attorney
DBB:JOF:nc
Enclosures
cc: Rufus c. Young, ~sq.
bcc; Gloria Orosco
case\mtrscsnt.dcr
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DAVID B BREARLEY ~~~ CITY CLERK
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11113/96 16:40 FAX 818 330 5818
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lAX2:1604
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1 FOR THE SETTLING LOCAL GOVERNMENTAL ENTITIES~
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3 The CITY OF VERNON HEREBY CONSENTS to the entry of the
Amenaed Decree in United. States. et al. v. Montrose Chemical
4 Corporation of California. et al., No. CV 90-3122-AAH (JRx),
sUbject to the public notice and comment requirements of 28 C.F.R.
5 S 50.7.
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Date:
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CITY OF VERNON
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Attest: ~~
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BRUCE V. MAL~ENHORST, City Clerk
Approved As To Form:
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DAVID B. BREARLE~, c~ty At orney
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