Resolution No. 71861',
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RESOLUTION NO. 7186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE TERMINATION OF THE
AGREEMENT TO FORM ASSOCIATION TO CONDUCT
LITIGATION
WHEREAS, the Cities of Compton, Lynwood, South Gate and
Vernon (the "Cities") entered into an Agreement to Form an
Association to Conduct Litigation effective January 30, 1995 (the
"Agreement"); and
WHEREAS, the Association was formed for the purpose of
challenging the legality of the Third Amendment to the Joint Powers
Agreement which created the Alameda Corridor Transportation
Authority ("ACTA") and formed its Governing Board; and
WHEREAS, the Cities, the Association and two taxpayers
filed a legal action identified as City of South Gate. et al. vs.
City of Los Angeles, et al., LASC Case No. BC 129447, Court of
Appeal Case No. 2nd Civ No. B100019 which challenged the Third
Amendment; and
WHEREAS, while settlement negotiations were on -going
regarding said litigation, at a meeting of the Southeast Cities
Transportation Authority ("SECTA") held on August 7, 1996, the City
of Lynwood notified the members of SECTA that Lynwood's settlement
objectives in said litigation were different from the other six
plaintiffs; and
WHEREAS, such differences in settlement objectives created
a legal conflict of interest between the members of the Association
and conflicted with the purpose of the Agreement; and
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WHEREAS, the City Attorney of the City of Vernon, the
attorney representing the Association pursuant to said Agreement,
notified Lynwood's representatives that because there had arisen a
legal conflict of interest, he could no longer represent Lynwood in
said litigation; and
WHEREAS, by letter dated August 8, 1996, Murray Kane, Esq.,
an attorney for the City of Lynwood notified the City Attorney of
the City of Vernon that contrary to the Agreement, Lynwood was
prohibiting him from representing Lynwood in connection with said
litigation; and
WHEREAS, on December 20, 1996, the Cities of Los Angeles
and Long Beach executed a Restated Joint Powers Amendment which
restructured the ACTA Governing Board and superseded the Third
lAmendment to the JPA; and
WHEREAS, the Cities of Compton, Lynwood and South Gate have
entered into separate MOUs and settlement agreements with ACTA
relating to the construction of the Alameda Corridor by ACTA; and
WHEREAS, the execution of the Restated Joint Powers
Agreement by the Cities of Long Beach and Los Angeles, and the
individual MOUs and settlements entered into by the Cities of South
Gate, Lynwood and Compton, make it unnecessary to continue the
(Agreement; and
WHEREAS, pursuant to letter dated July 13, 1998, the City
Attorney's Office for the City of Vernon advised the City Managers
and the City Attorneys for the Cities of Compton, Lynwood and South
Gate of the City of Vernon's intent to terminate the Agreement on
July 28, 1998; and
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WHEREAS, the City of Vernon desires to terminate said
Agreement.
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 termination of the Agreement to Form an Association to
Conduct Litigation which was entered into between the City of Vernon
and the Cities of Compton, Lynwood and South Gate on January 30,
1995.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to send a certified copy of this
Resolution to the Cities of Compton, Lynwood and South Gate.
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.
APPROVED AND ADOPTED this 28th day of July, 1998.
C
EONIS MALBUR , Mayor
ATTEST:
BRUCE V. 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 Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 7186, was duly adopted by the City Council of the City of Vernon
at an adjourned regular meeting of the City Council duly held on
Tuesday, July 28, 1998, and thereafter was duly signed by the Mayor
of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
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. : 4 A
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
A B. BREAR
City Attorney
FAX: (818) 330- 8
N
Director o o ty Services & Water
AX. 3) 588-2761
J. DeDARIO
or of Light & Power
y FAX: (213) 583-1983
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
Mr. Faustin Gonzales
City Manager
11330 Bullis Road
Lynwood, CA 90262
cc: Francisco Leal
City Attorney
COMPTON
Mr. Lawrence Moore
City Manager
205 S. Willowbrook Ave.
Compton, CA 90220
cc: Legrand Clegg
City Attorney
July 13, 1998
SOUTH GATE
1 DAVE TELFORD
Fire Chief
FAX: (213) 581-1395
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
Mr. Andrew Pasmant
City Manager
8650 California Ave.
South Gate, CA 90280
cc: Arnold Glassman -Alvarez
City Attorney
Re: Termination of Agreement to Form Association and
to Conduct Litigation Regarding City of South Gate,
et al. v. City of Los Angeles, et al.
Case No. BC 129447
Gentlemen:
Please be advised that at its next meeting on July 28, 1998,
the City Council of the City of Vernon will approve the termination
of the Agreement to Form Association to Conduct Litigation which
was entered into between the Cities of Compton, Lynwood, South Gate
and Vernon on January 30, 1995. As you will recall, the Agreement
was entered into for the purpose of creating the Association for
Mitigation of Transportation Impacts of Ports Expansion and the
filing of litigation challenging the Third Amendment to the Joint
Mr. Faustin Gonzales
Mr. Lawrence Moore
Mr. Andrew Pasmant
July 13, 1998
Page 2
Powers Agreement which created the Alameda Corridor Transportation
Authority ("ACTA").
The Agreement is being terminated due to the final resolution
of the lawsuit for which the Agreement was formed: City of South
Gate, et al. v. City of Los Angeles, et al. Case No. BC 129447.
If you have any questions, please feel free to contact me.
Very truly yours,
Z 01
Eduardo Olivo for
David B. Brearley
City Attorney for the
City of Vernon
EO/maw
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