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HomeMy Public PortalAboutAgreement_2011-02-15_Los Angeles County_Tolling Agreement Flood Control DistrictCOUNTY OF LOS ANGELES r � OFFICE OF THE COUNTY COUNSEL + } 648 KENNETH HAHN HALL OF ADMINISTRATION t f X 500 WEST TEMPLE STREET ��trfox LOS ANGELES, CALIFORNIA 90012-2713 TELEPHONE (213)974-1923 ANDREA SHERIDAN ORDIN FACSIMILE County Counsel February 9, 2011 (213) 687-7337 TDD (213)633-0901 E-MAIL jfrics@counsel.lacounty.gov Via E-mail and First -Class Mail Eric Vail, Esq. Erica Vega, Esq. City Attorney City of Temple City 9701 E. Las Tunas Drive Temple City, California 91780 Re: Extension of Tolling Agreement in NRDC v County of Los Angeles, No. 08-1467 ARM (PLAx) Dear Counsel: As you may recall, the City of Temple City ("City") entered into a tolling agreement in 2009 with the County of Los Angeles ("County") and the Los Angeles County Flood Control District ("District") concerning an administrative claim filed by the County and District against the City in March 2009, pursuant to Division 3.6, Part 3 of the Government Code. Similar claims were filed with a number of other cities and public entities. These claims concerned a lawsuit brought by the Natural Resources Defense Council, Inc., and the Santa Monica Baykeeper against the County and District in U.S. District Court ("NRDC lawsuit"), relating to the stormwater discharges in the Los Angeles basin. Since that time, the U.S. District Court has found for the County and District with respect to causes of action in the NRDC lawsuit that gave rise to the administrative claim against the City. The Ninth Circuit Court of Appeals presently is considering an appeal of the District Court's ruling. Until the Ninth Circuit rules, the County and District will not know whether the NRDC lawsuit remains active as to the claim involving the City. Given this continuing uncertainty, and to avoid the prospect of litigation at this time of fiscal constraint for all California municipalities, we are proposing February 9, 2011 Page 2 that the County, District, and the City extend the tolling agreement to March 12, 2013, from the current expiration date of March 12, 2011, If the Ninth Circuit rules in the County and District's favor, and there is no further appeal of the U.S. District Court's ruling, the tolling agreement can be terminated. A copy of a tolling agreement amendment is attached for your review and the City's signature. The administrative claim filed by the County and District against the City was brought only because of the strict filing deadline in the California Government Claims Act; it remains the County and District's hope that it will not be necessary to bring an action against the City. If the U.S. District Court's ruling is upheld by the Ninth Circuit, no action would be brought. If the tolling agreement previously entered into by the City is not extended as we are proposing, the County and District will be required to bring an action in Los Angeles County Superior Court against the City. Last year, the County and District brought an action in Superior Court against the two municipalities that chose not to execute a tolling agreement and that action is currently pending. To avoid the filing of a similar action against the City, this office must receive as soon as possible a signed extension of the tolling agreement, signed by the appropriate representative of the City. We ask that the extension be signed and sent to our office by March 1. Thus, your urgent attention to this matter is respectfully requested. If you have any questions concerning the matters discussed in this Ietter or the tolling agreement, please feel free to contact Judith Fries at (213) 974-1923 or jfries@counsel.lacounty.gov or Lauren Dods at (213) 974-1856 or idods@counsel.lacounty.gov. Thank you very much for your prompt attention to this matter. Very truly yours, ANDREA SHERIDAN ORDIN County Counsel Y JUDITH A. FRIES Principal Deputy County Counsel Public Works Division JAF:rs AMENDMENT TO TOLLING AGREEMENT This Amendment to Tolling Agreement ("Amendment") is entered into by and between (a) the County of Los Angeles ("County") and the Los Angeles County Flood Control District ("District") and (b) the City of Temple City ("City") (all collectively referred to herein as the "Parties" and individually as "Party") and is effective as of March 1, 2011. WHEREAS, the County and District have filed with the Sanitation Districts administrative claims (the "County's and District's Administrative Claims"); WHEREAS, the Parties entered into a Tolling Agreement effective April 10, 2009 ("ToIling Agreement"), extending the time for the City to act on the County's and District's Administrative Claims, which Tolling Agreement expires on March 12, 2011; WHEREAS, the Parties mutually wish to amend the Tolling Agreement to further extend the time within which the City must act on the County's and District's Administrative Claims and extend the time in which the County and the District must bring an action on the County's and District's Administrative Claims, such that the tolling periods expire on March 12, 2013; NOW, THEREFORE, the Parties agree as follows: 1. Paragraph 1 of the Tolling Agreement is hereby amended to provide that the Tolling Period (as defined in Paragraph 1 of the Tolling Agreement) is hereby tolled and extended from March 12, 2011 through March 12, 2013 or until the Tolling Agreement is terminated, whichever date comes first. Paragraph 1 of the Tolling Agreement is further amended to provide that the time for the County and the District to -1- bring an action against the City on the County's and District's Administrative Claims is also tolled and extended to March 12, 2013. effect. 2. All other provisions of the Tolling Agreement remain in full force and 3. The undersigned represent that they have the authority to sign on behalf of, and to bind to this Amendment, the entities set forth below. 4. This Amendment and the Tolling Agreement shall constitute the entire agreement of the Parties with respect to the subject matter thereof and may not be modified except in a writing signed by the Parties. 5. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. FOR THE COUNTY AND DISTRICT: Dated: , 2011 ANDREA SHERIDAN ORDIN, County Counsel JUDITH A. FRIES, Principal Deputy County Counsel LAURIE E. DODS, Deputy County Counsel FOR THE CITY OF TEMPLE CITY: Dated: Fehruary 19 , 2011 • -2- Manager