HomeMy Public PortalAbout96-129 (08-20-96)CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 96 -129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
CONDITIONALLY APPROVING AND AUTHORIZING THE EXECUTION OF
A SETTLEMENT AGREEMENT IN THE LITIGATION ENTIITLED CITY OF
' SOUTH GATE ET AL VS CITY OF LOS ANGELES, ET AL., LASC NO. BC
129447, COURT OF APPEAL 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 O. 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 Commissions 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 now pending in the Court of Appeal; and
WHEREAS, on August 15, 1996, the defendants submitted to the City of
Lynwood and to all other plaintiffs a final settlement offer regarding the litigation, which
settlement offer expires two weeks from the date of the offer or upon receipt of a ruling
from the Court of Appeals, which ever occurs first; and
' WHEREAS, the City of Lynwood has submitted to the Southeast Cities
Transportation Authority ( "SECTA ") its request for a planning grant to be used, among
other purposes, for the planning of a development project at the Alameda Corridor and
the I -105 Freeway, which project will be of multi jurisdictional benefit and will advance
SECTA's economic development and job creation goals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and determines that the recitals set
forth above are true and correct.
SECTION 2. Subject to satisfaction of either of the conditions set forth
below in Section 3, the City Council 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.
SECTION 3. The City Council's approval of the Settlement Agreement
referenced above in Section 2 is conditioned upon the prior commitment of SECTA to
either of the following conditions:
(i) The award of a planning grant to the City of Lynwood to be
used, among other purposes, for the planning of a multi -
jurisdictional development project at the Alameda Corridor and the
I -105 Freeway, in the total amount of $2,000,000, payable at the
rate of $400,000 per year over a five -year period. The source of
these planning grant funds is the Economic Development Fund, or
other funds outlined or described in Exhibit B -1, as they may be
determined by SECTA to the proposed Settlement Agreement, and
these funds are in addition to the funds that are allocable to the
City of Lynwood as set forth in Exhibit B -2 to the proposed
Settlement Agreement; or
(ii) A 25% pro rata share of the total proposed settlement amount,
which total amount is $17,571,457. This total amount is subject to
reduction in an amount equal to verifiable attorney's fees and costs
incurred in the underlying litigation. The named plaintiffs in the
underlying litigation, consisting of the Cities of Lynwood, Vernon,
Compton, and South Gate, are to share equally in the proposed
settlement amount, as adjusted, in consideration for the prospective
termination of their voting power with regard to the Alameda
Corridor Transportation Authority, a joint powers authority.
SECTION 4. Upon receipt of evidence satisfactory to the City's
designated representative to SECTA that either of the conditions set forth above in
Section 3 have been satisfied, and upon receipt of notification that all parties to the
Settlement Agreement have approved the Settlement Agreement, the Mayor is authorized
to execute the Settlement Agreement in twelve (12) counterparts, and Special Counsel is
authorized to file that Settlement Agreement in court with a request that the court approve
the settlement. Upon court approval, the Settlement Agreement will be fully
implemented in accordance with its terms.
SECTION 5. Resolution No. 96 -128, as adopted by the Lynwood City
Council on August 17, 1996, is repealed in its entirety.
SECTION 6. The City Clerk of the City of Lynwood is directed to certify
to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 20th day of August, 1996.
— Pf AUL H. RICHARDS, II, Mayor
ATTEST:
ANDREA �HOO�ER, Ci Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
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 20th day of August, 1996, and passed by the following
vote:
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 hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No. 96 -129 on file in my office and that said resolution was adopted
on the date and by the votes therein stated. Dated this 20th day of August, 1996.
City Clerk
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