TITLE
Recommendation to request City Attorney and Port of Long Beach to provide an "on agenda" report to the City Council regarding the Stipulated Settlement between the Port of Long Beach and the American Trucking Association involving the Clean Trucks Program and the Natural Resources Defense Council's appeal of the Stipulated Settlement and the Board of Harbor Commission Resolution No. HD-2538.
DISCUSSION
The American Trucking Associations, Inc. ("ATA") filed, on July 28,2008, a Complaint for Declaratory and Injunctive Relief against the City of Long Beach, the Harbor Department of the City of Long Beach, and the Board of Harbor Commissioners of the City of Long Beach (the "Long Beach Defendants") challenging certain provisions of the Port of Long Beach Clean Truck Program. The Port of Long Beach, acting on behalf of the Long Beach Defendants, agreed to a Stipulation of Settlement and Joint Motion for Voluntary Dismissal between the ATA and the Long Beach Defendants, which includes the City of Long Beach.
On November 16, the Natural Resources Defense Council (NRDC) and others filed an Appeal from the Board of Harbor Commissioner's approval of the settlement of litigation and the Commission's approval of a resolution on November 2, 2009 to implement the settlement agreement. The City Attorney rejected the NRDC's appeal on the grounds that the Appeal is "untimely" and because the Appeal conflicts with the express terms of the Court Order in which the Federal District Court retains exclusive jurisdiction and venue.
We would like to request a report from the City Attorney and the Port of Long Beach regarding the stipulated settlement between Port of Long Beach Board of Harbor Commissioners and the American Trucking Association.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GERRIE SCHIPSKE
COUNCILWOMAN, FIFTH DISTRICT
TONIA REYES URANGA
COUNCILMEMBER, SEVENTH DISTRICT
RAE GABELICH
COUNCILWOMAN, EIGHTH DISTRICT