HomeMy Public PortalAbout96-127 (08-06-96)• •► no INKEM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
' LYNWOOD APPROVING AND AUTHORIZING THE EXECUTION
OF A SETTLEMENT AGREEMENT IN THE LITIGATION
ENTITLED CITY OF SOUTH GATE ET AL. VS. CITY OF
LOS ANGELES, ET AL ., LASC NO. BC 129447, COURT
OF APPEAL NO. 2ND CIV NO. B100019
WHEREAS, the Cities of Compton, Lynwood, South Gate and
Vernon and the Association for the Mitigation of Transportation
impacts composed of the above - referenced four cities and taxpayers
Anita 0. Aviles and Edward Saenz filed a complaint in the Los Angeles
Superior Court against the City of Los Angeles, Port of Los Angeles,
Board of Harbor Commissioners of the City of Los Angeles, City of
Long Beach, Port of Long Beach, and Board of Harbor Commissioners
of the City of Long Beach raising, among other issues, the validity of
the Third Amendment to the Joint Powers Agreement between Los
Angeles and Long Beach, which established the Alameda Corridor
Transportation Authority; and
WHEREAS, the litigation is presently pending in the Court of
Appeal; and
WHEREAS, the Cities of Compton, Lynwood, South Gate,
Vernon, the Association, the City of Huntington Park, a city not a
party to the litigation, and the Southeast Cities Transportation
Authority ( "SECTA "), an agency not a party to the litigation, wish to
make an offer of settlement to the defendants in this matter which,
if accepted, will completely settle this litigation; and
WHEREAS, the City of Huntington Park and SECTA are parties to
this Settlement Agreement in order to fully implement the
settlement as proposed. ; and
WHEREAS, the City of Los Angeles through its Mayor, Richard
Riordan, has agreed to cooperate with the City of Lynwood and
with the Lynwood Redevelopment Agency in the planning and
implementation of projects of mutual benefit to the three entities
and to the region as a whole, and
WHEREAS, the City of Lynwood conditions its approval of the
' Settlement Agreement upon the execution of a Cooperation
Agreement between SECTA, the City of Lynwood and the
Lynwood Redevelopment Agency and upon receipt of a "political
protocol" letter for cooperation from Mayor Riordan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LYNWOOD AS FOLLOWS:
SECTION 1 : The City Council of the City of Lynwood does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2 : Subject to Section 3 below, the City Council of the
City of Lynwood hereby approves the Settlement Agreement in the
litigation entitled City of South Gate, et al vs City of Los Angeles, et
al.. LASC No. BC 129447 a copy of which has been presented to the
City Council concurrently with this resolution, and the City Council
hereby approves making a formal offer of such settlement to the
defendants in the litigation, which offer of settlement will expire on
August 22, 1996.
SECTION 3: The City Council of the City of Lynwood
approves the Cooperation Agreements with Los Angeles and with
SECTA, copies of which have been presented to the City Council
concurrently with this resolution, and the City Council conditions its
approval of the Settlement Agreement referenced in Section 2
above, upon full execution of a Cooperation Agreement with Los
Angeles, or alternatively, a Cooperation Agreement with SECTA and a
political protocol letter of cooperation from Mayor Riordan. The
Cooperation Agreements should be in substantial conformity with
the Cooperation Agreements approved herein.
SECTION 4 : Upon receiving notification that all parties to the
Settlement Agreement have approved the Settlement Agreement,
and upon execution of the Cooperation Agreement by the three
parties, the Mayor is authorized to execute the Settlement
Agreement in twelve (12) counterparts, and Special Counsel is
authorized to file said Settlement Agreement in court requesting
the court to approve the settlement and upon said court approval
to fully implement the Settlement Agreement pursuant to its terms.
SECTION 5 : The City Clerk of the City of Lynwood 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 6th day of Au
PAUL H. RICHARDS, ll, Mayor
ATTEST:
ANDREA L. HOOPER City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, the undersigned, City Clerk of the City of Lynwood, do
hereby certify that the foregoing resolution was passed and adopted by the
City Council of the City of Lynwood at a regular meeting held on the 6th
day of AUGUST, 1996.
AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
)ss.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and
Clerk of the City Council of said City, do hereby certify that the above and
foregoing is a full, true and correct copy of RESOLUTION NO. 96 -127 on
file in my office and that said resolution was adopted on the date and by the
vote therein stated.
Dated this 7th day of August, 1996.
C
City Clerk