Resolution No. 7628I , �
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RESOLUTION NO. 7628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
RELATING TO HPMC CASE NO. OSE02192 AND VIOLATIONS
OF CPUC GENERAL ORDER NUMBER 135
WHEREAS, the Burlington Northern and Santa Fe Railway
("BNSF") is prohibited from allowing its trains to block street
intersections for over ten (10) minutes pursuant to the California
Public Utilities Commission's General Order Number 135 ("G.O. 135");
and
WHEREAS, the Vernon Police Department has issued several
citations to BNSF for violations of G.O. 135; and
WHEREAS, the Los Angeles County District Attorney's Office
has filed a seven -count complaint against BNSF, Case No. OSE02192, in
the Huntington Park Municipal Court alleging multiple violations of
G.O. 135; and
WHEREAS, the Vernon Police Department issued citations to the
BNSF for additional incidents that occurred on October 6, 1999; October
9, 1999; October 21, 1999; November 4, 1999; November 11, 1999;
November 19, 1999; March 14, 1999; June 15, 2000; June 27, 2000; June
27, 2000; June 29,-2000; July 23, 2000; and July 28, 2000 (the
"Additional Incidents"); and
WHEREAS, the BNSF has requested meetings with the City and
the District Attorney's Office in order to discuss a possible
resolution of Case No. OSE02192, which was set for trial on September
7, 2000 and the Additional Incidents; and
WHEREAS, the BNSF has proposed that it will implement certain
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procedures designed to avoid further violations of G.O. 135; and
WHEREAS, the BNSF has advised that in exchange for the
dismissal of OSE02192 and the Additional Incidents, it will execute a
Memorandum of Understanding ("MOU") that will bind it to the proposed
procedures; and
WHEREAS, the District Attorney's Office has advised that if
'the City accepts the BNSF's proposal, it will dismiss the matters
pursuant to the BNSF's request; and
WHEREAS, the City of Vernon is willing to accept BNSF's
(proposal; and
WHEREAS, on September 7, 2000, the BNSF advised Judge Ramirez
in Division 1 of the Huntington Park Municipal Court that an agreement
had been reached that was satisfactory to the District Attorney's
Office and the City and, based upon that agreement, requested the
dismissal of Case No. OSE02192; and
WHEREAS, Judge Ramirez has accepted the terms of the MOU as a
plea bargain and has dismissed Case No. OSE02192 with the understanding)
that the executed MOU will be filed with the Court; and
WHEREAS, the City and BNSF desire to enter into an MOU
respecting said resolution.
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 Memorandum of Understanding, a copy of which is attached
hereto as Exhibit "A" and made a part hereof.
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1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the Mayor and the City Clerk to execute said MOU for, and on
3 behalf of, the City of Vernon.
4 SECTION 4: The City Council of the City of Vernon hereby
5 directs the City Clerk, or his designee, to transmit a certified copy
6 of an executed MOU to:
7 Los Angeles County District Attorney's Office
Attn: Roxane Carbajal, Deputy District Attorney
8 2958 E. Florence Avenue
9 Huntington Park, CA 90255
10 SECTION 5: The City Council of the City of Vernon hereby
11 directs the City Clerk, or his designee, to transmit a certified copy
12 of an executed MOU to:
13 Huntington Park Municipal Court
Attn. Criminal Clerk (Case No. OSE 02192)
14 6548 Miles Avenue
15 Huntington Park, CA 90255-0609
16 SECTION 6: The City Council of the City of Vernon hereby
17 directs the City Clerk, or his designee, to transmit an executed MOU
18 to:
19 McKenna & Cuneo, L.L.P
Attorneys at Law
20 Attn: Gregory L. Evans
444 S. Flower Street
21 Los Angeles, CA 90071-2901
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1 SECTION 7: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and thereafter
3 the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 19th day of September, 2000.
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IS C. MALB Mayor
7 ATTEST:
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10 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.
7628, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, September 19,
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT A
SEP719-2000 TUE 09:58 AM EDUARDO OLIVO FAX NO. l P. 01
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY
THIS MEMORANDUM OF UNDERSTANDING (the "MOU"), executed on
September _, 2000, is made by and between the Burlington Northern and Santa Fe
Railway ("BNSF") and the City of Vernon (the "City"). BNSF and the City are
referred to collectively as the "Parties" and each individually as a "Party".
RECITALS
A. The City is a municipality located in the southeast area of Los Angeles County and
is organized pursuant to the laws of the State of California.
B. BNSF is an interstate railroad corporation that operates in California and owns
various railroad tracks that run through the streets of the City.
C. Pursuant to the Califozrnia Public Utilities Commission's General Order Number 135
("G.O. 135"), unless certain exceptions apply, BNSF is prohibited from allowing its trains to block
street intersections for over ten (10) minutes.
D, The City's Police Department has issued several citations to BNSF for violations of
G.O. 135 becausc the City alleges that the alleged actions by the BNSF do not fall under any of the
exceptions recognized under G.O. 135.
R. Case No. OSE02192 is presently scheduled for trial on September 7, 2000 in
Division 2 of the Los Angeles Superior Court, Southeast Judicial District, The case involves a
seven -count complaint against BNSF for alleged violations of G.O. 135. The complaint alleges that
SEP 19-2000 TUE 09:58 AM EDUARDO OLIVO
FAX NO. 1 P. 02
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count 1 occurred on March 14, 2000; count 2 occurred on November 19, 1999; count 3 occurred on
November 19, 1999; count 4 occurred on October 21, 1999; count 5 occurred on October 9, 1999; 1
count G occurred on October G, 1999; and count 7 occurred on June 8,1999. It is alleged that none
of the exceptions recognized by G.O. 135 apply. Pursuant to California Public Utilities Code
Section 2107, the Los Angeles County District Attorney's Office is seeking fines of twenty
thousand dollars ($20,000.00) for each of the alleged offenses.
F. Additional incidents are alleged to have occurred on October G, 1999; October 9,
1999; October 21, 1999; November 4, 1999; November 11, 1999; November 19, 1999, March 14,
1999; Juno 15, 2000; June 27, 2000; June 27, 2000; June 29, 2000; July 23, 2000; and July 28,
2000 (hereinafter the "Additional Incidents"). The City Police Department has issued citations to
the BNSF for the Additional incidents. Sonic or all of the Additional Incidents have been referred
to the District Attorney's Office.
G. Pursuant to the BNSF's request the Parties and the District Attorney's Office have
nuct on several occasions in order to discuss a potential resolution of the problems that have resulted
in the issuance of the citations against the BNSF.
H. After several meetings, the BNSF has advised the City and the District Attorney's
Office that it will take specific steps to address the problems that have resulted in the citations.
1. The BNSF and the City are willing to enter into a civil compromise pursuant to
Section 1377 of the Califomia Penal Code,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1: The BNSF will enter into written agreements with all involved labor unions
representing BNSF railroad crews so that crew changes will be unnecessary
in the City, unless required by an emergency or other exigent circumstance.
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SER 19-2000 TUE 09:59 AM EDUARDO OLIVO t FAX NO. I P. 03
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SECTION 2: The BNSF will issue a railroad General Order, which constitutes an
operating rule, that restricts freight movement between the ports of Los
Angeles and Long Beach or the 'Watson Ward and Union Station to periods
when there is no interfering passenger rail traffic. When a BNSF train is
preparing to travel through the City, a radio call will be made to determine
whether any interfering passenger traffic is expected. If so, BNSF's trains
will not be moved through the City until it appears that the interfering
passenger traffic has passed.
SECTION 3: The BNSF will enhance employee educational efforts in order to emphasize
the importance of avoiding all unper-mitted public grade crossing blockages
in the City.
SFCTiON 4: The BNSF will designate Harbor Subdivision Superintendent, David
Leathers (cellular no. (310) 890-0493; business no. (323) 267-4086), as the
BNSF representative who will address questions and/or concerns by the City
relating to any future train. blockages.
Sly-C-LI-ON 5: Pursuant to Penal Code Section 1378, the City will advise the Los Angeles
District Attorney's Office that a civil compromise has been reached and that
it is agreeable to the dismissal of Case No. OSL,'02192.
S CJL10N 6: Based upon the BNSF's agreement to comply with the terms and conditions
of the MOLT, the City will request that the District Attorney's Office dismiss
the pending Additional Incidents in the interests of the justice.
ST?CT10N 7: The ,Parties recognize that this MOU does not prevent the City from issuing
or filing any citations against the BNSF for violations of G.O. 135, or airy
other law, after the effective date of the MOU.
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SEP-19-2000 TUE 09:59 AM EDUARDO OLIVO FAX NO. 1
P. .04
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ATTEST:
113RUCF, V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
APPROVED AS TO FORM:
GRI:GOR'Y L. EVANS AND
MCKENNA & CUNEO, LLP
t
EONIS G. MA RCir�May
BURUNGTON NORTHERN AND
SANTA FE RAILWAY
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