HomeMy Public PortalAbout98-175 (10-06-98)RESOLUTION NO. 98-175 `
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO SIGN AN ENGAGEMENT LETTER IN ORDER _FOR MORRISON &
' FOERSTER "TO REPRESENT THE-CITY OF LYNWOOD IN THE LEGAL ACTION
CHALLENGING FEMA" UNDER THE NATIONAL ENVIRONMENTAL POLLCY ACT AND-
TO APPROPRIATE $3,500 FROM THE UNAPPROPRIATED GENERAL FUND TO PAY
FOR THE. CITY'S CONTRIBUTION IN"THIS LEGAL ACTION
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. ~ . WHEREAS, FEMA, established a new flood insurance rate zone, known as the
flood control restoration zone or .Zone AR,• to delineate special flood hazard areas on
National, Flood Insurance Program Flood Insurance Rate Maps (FIRMs);
WHEREAS, the City of`Lynwood is among the fourteen communities affected in the newly
~. designated high-risk flood:zones, AR Zones, until. improvements are made to the Los Angeles
River levee.system; and ~ - • `
WHEREAS, :members of the LACDA Alliance, on behalf of and including the cities of
Lakewood; Bellflower, Downey, Paramount, and Pico Rivera, submitted comments to FEMA
regarding its proposals for this new zone. Their comments included concerns about the economic
impacts on the communities located in the Los: Angeles floodplain, and asked FEMA to perform a
` .. new environmental assessment to review the modifications to the proposed rule; and
WHEREAS, to this date FEMA would not reasses the impact on the quality of the human
environment and on July 6, 1998, the new rules took effect.
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WHEREAS, the cities of Lakewood,Bellflower, Downey, Paramount, and Pico Rivera
have filed a suit 'in the United States ,District Court seeking injunction that: would .require the
Federal Emergency Management Agency., (FEMA) to comply with -the National Environmental
- Protection Act (NEPA) and Executive Order 12898, "Federal Actions to address Environmental
Justice in Minority~Populations and Low-Income Populations; and
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i WHEREAS, some Lynwood residents are impacted with this `,`flood tax."
NOW THEREFORE, BE IT RESOLVED THAT THE` CITY COUNCIL OF~THE CITY OF
LYNWOOD, STATE OF~CAtIFORNIA, DOES HEREBY RESOLVE, .DECLARE,- ~ETERMINE
AND. ORDER AS FOLLOW:.
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SECTIONS 1. That the City Council approve to have the City of Lynwood, join the cities
of BeAflower, .Downey, Paramount, Pico Rivera, and Lakewood in their legal actiori challenging
FEMA under the National Environmental Policy Act.
$ECTION.2. That the. City-Council authorize the Mayor to sign an engagement letter in
• ~ order for Morrison and Foerster to represent the City of Lynwood: as plaintiff to.this legal action.
SECTION~3. That the City Council appropriate $3,500 from the unappropriated
General Fund. to pay the City's. contribution to join this legal action.
SECTION 4. That if the cost of the litigation exceeds the initial outlay of $3,500, the
City Council will.re-evaluate the City's options and have the sole discretion. of continuing to
participate. in that. litigation. ,
SECTION,~S. That this resolution shall take effect immediately upon its adoption.
. ~ PASSED, APPROVED AND ADOPTED this 6th day of t ~ r , 1998.
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~~- ~ Armando ea, Mayor
City of Lynwood
ATTEST:
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Andrea L. Hooper; City CI rk
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Ralph vis, cting City Manager
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above
and foregoing resolution was duly adopted by the City Council. of said City at a regular meeting
thereof held. in the City Hall of said City on the day October 6, , 1998, and passed by
the following
vote:
AYES: COUNCILMAN BYRD.,.REYES, RICHARDS, SANCHEZ, REA
NOES: NONE
ABSENT: NONE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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ss.
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the Cit counci4 of said
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City; do hereby certify that the above and forgoing is a #ull, true and correct. copy of Resolution
No. 98-175 on file in my office and that said resolution was~adopted on the
date and by the vote therein stated.
Dated this 6th day of October 1998.
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City Clerk, City of Lynwood
City Clerk, City of .Lynwood