HomeMy Public PortalAboutA2011-08-23CC-SPThis Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. Any person who has a question
concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
AGENDA
ITEMS ON FILE FOR CONSIDERATION
AT THE SPECIAL MEETING OF
THE LYNWOOD CITY COUNCIL
TO BE HELD ON
AUGUST 23, 2011
COUNCIL CHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
5:00 P.M.
AIDE CASTRO
MAYOR
JIM MORTON
MAYOR PRO -TEM
RAMON RODRIGUEZ
COUNCILMEMBER
CITY MANAGER
ROGER L. HALEY
CITY CLERK
MARIA QUINONEZ
CALL TO ORDER
OPENING CEREMONIES
CITY ATTORNEY
FRED GALANTE
CITY TREASURER
SALVADOR ALATORRE
CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Alfredo Flores
Ramon Rodriguez
Maria T. Santillan
Jim Morton
Aide Castro
PLEDGE OF ALLEGIANCE
7„t Pis fi�,�
DECEIVED
AUb Z 2 2011
CITY OF LYNWOOD
CITY CLERKS OFFICE
n/Op�r: o. Qu:noh-GZ
C Glc-K 6\)6'0-
ALFREDO FLORES
COUNCILMEMBER
MARIA TERESA SANTILLAN
COUNCILMEMBER
5. INVOCATION
6. COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE
MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A
FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
PUBLIC HEARING
ADOPTION OF AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE TO
COMPLY WITH PART 1.8 OF THE CALIFORNIA HEALTH AND SAFETY CODE, AS
REQUIRED BY ABX1 26
. u�2T, 71IT -Tifi?
On June 28, 2011, the Governor signed two budget trailer bills into law, ABX1 26 and
ABX1 27, which became effective June 29, 2011. ABX1 26 eliminates redevelopment
agencies in California and provides direction and guidelines for the dissolution of all
redevelopment activities and functions. ABX1 27 creates an Alternative Voluntary
Program for redevelopment agencies to continue to exist only if agencies pay mandated
payments annually to the State. The State Department of Finance (DOF) released its
final figures for all agencies to opt -in to continue to exist and operate and the City of
Lynwood is required to pay $2,582,685 in FY 12 and $612,724 in FY 13. Staff has filed
an appeal with the DOF to reduce these payments.
Recommendation:
Staff recommends that the City Council and Agency conduct a joint public hearing and
adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD AND LYNWOOD REDVELOPMENT AGENCY
ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO
ABX1 26."
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
8. CONSIDERATION OF EXTENDING TOLLING AGREEMENT WITH COUNTY OF LOS
ANGELES RELATING TO CONSENT ORDER, DOCKET NO. HAS -CO 05/06 -114,
ISSUED BY DTSC, AT FORMER BKK MAIN STREET LANDFILL, CARSON, CA
Comments:
On July 11, 2007, the City entered into a Tolling and Standstill Agreement with the
County of Los Angeles regarding the former BKK Main Street Landfill in Carson. The City
is only a potential party at this time. DTSC is seeking money from all parties that dumped
or were the source of trash dumped in the BKK Main Street Carson Dump, which is
alleged to be contaminated from the trash dumped there.
The City was recently requested by Attorney John H. Holloway of Best Best & Krieger,
LLP to execute a First Amended Tolling and Standstill agreement for an additional four
years. The Agreement will commence July 12, 2011 and expire on July 12, 2015.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FIRST AMENDED TOLLING AND
STANDSTILL AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS
ANGELES'.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
AIDE CASTRO, MAYOR
JIM MORTON, MAYOR PRO -TEM
ALFREDO FLORES, COUNCILMEMBER
RAMON RODRIGUEZ, COUNCILMEMBER
MARIA T. SANTILLAN, COUNCILMEMBER
CLOSED SESSION
9. CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 6, 2011 AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
AGENDA STAFF REPORT
DATE: August 23, 2011
TO: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Agency
APPROVED BY: Roger L. Haley, City Manager /Executive Direct
PREPARED BY: Robert S. Torrez, Assistant City Manager
Lorry Hempe, Budget and Intergovernmental Affairs Manager
Steven Avalos, Administrative Analyst II
SUBJECT: Adoption of an Enforceable Obligation Payment Schedule to
Comply with Part 1.8 of the California Health and Safety Code, As
Required by ABx1 26
Recommendation:
Staff recommends that the City Council and Agency conduct a joint public hearing and
adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AND LYNWOOD REDVELOPMENT
AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO ABX1 26."
Background:
On June 28, 2011, the Governor signed two budget trailer bills into law, ABX1 26 and
ABX1 27, which became effective June 29, 2011. ABX1 26 eliminates redevelopment
agencies in California and provides direction and guidelines for the dissolution of all
redevelopment activities and functions. ABX1 27 creates an Alternative Voluntary
Program for redevelopment agencies to continue to exist only if agencies pay mandated
payments annually to the State. The State Department of Finance (DOF) released its
final figures for all agencies to opt -in to continue to exist and operate and the City of
Lynwood is required to pay $2,582,685 in FY 12 and $612,724 in FY 13.
The City has complied with all requirements of ABX1 27 in order to continue operatin
the Lynwood Redevelopment Agency and has undertaken the following actions: AGENDA
ITEM
(1) Adopted non - binding Resolution 2011.163 indicating the City's intent to "opt -in"
and retain the Agency.
(2) Held a public hearing for the first reading and introduced an Ordinance
(Continuation Ordinance) indicating that the City of Lynwood will comply with
the. provisions of ABX1 27 and participate in the Voluntary Redevelopment
Program in order to continue to exist and operate, and pay the mandated
remittance amount — 08 -02 -11 City Council Meeting.
(3) The Continuation Ordinance was read a second time and adopted to finalize
the City's participation in the voluntary program — 08 -16 -11 City Council
Meeting; Ordinance 1643.
In addition, under ABx1 27, cities and counties are allowed to dispute and appeal the
RDA remittance amounts determined by the DOF. The City and Agency exercised this
right and filed the appeal under protest and without prejudice with the DOF on August
15, 2011.
Discussion & Analysis:
The California League of Cities and the California Redevelopment Association filed suit
in the Supreme Court of the State of California challenging the constitutionality of ABX1
26 and ABX1 27, and on August 11, 2011, the Supreme Court issued an immediate
stay of ABX1 27 in its entirety and a partial stay of ABX1 26. Because ABX1 27, the
statutory scheme which the City and Agency had opted into through the adoption of the
Continuation Ordinance, has been stayed, it appears the Agency must adopt an
Enforceable Obligation Payment Schedule (EOPS) at this time because, although the
Court order stayed enforcement of Health and Safety Code Section 34169, the Court
order left in place Health and Safety Code Section 34167 which relies upon and makes
reference to an adopted EOPS. Adoption of the EOPS is important as the Agency may
be limited to only making payments for debts and obligations listed on the EOPS during
the time the stay is in place.
As such, pursuant to Part 1.8 of the Health and Safety Code, as stipulated by ABX1 26,
the City must adopt an EOPS within 60 days of ABX1 26 effective date, which is by
August 28, 2011.
According to ABX1 26, an "Enforceable Obligation" is defined as any of the following:
(1) Bonds — Includes all debt service, reserve set - asides and any other payments
related to the repayment of bonds, notes, interim certificates, debentures, or
other obligations.
(2) Loans or Moneys Borrowed by Agency — Includes loans or moneys borrowed
for legal purposes.
2
(3) Payments required by the federal and state governments or in connection with
agency employees.
(4) Judgments and settlements entered by a competent court of law or binding
arbitration decisions against redevelopment agency.
(5) Legally binding and enforceable agreements or contracts — Includes all
obligations of agency not listed above, both housing and non - housing.
Examples include obligations such as construction contracts, Disposition and
Development Agreements (DDAs), Owner Participation Agreements (OPAs),
pre - development loans, and any and all other contractual obligations entered
by Agency.
(6) Contracts or agreements necessary for continued administration or operation of
agency such as, but not limited to, office space rent, equipment, supplies,
insurance, and services.
(7) Other Obligations Payment Schedule —Includes all other obligations of Agency,
such as contractual and statutory pass- through payments. Also includes any
other obligations required by the CRL, such as housing fund deficit repayments.
The adopted EOPS must identify all outstanding obligations the Agency currently is
responsible for in order to pass this information to the to -be- formed State "Successor
Agency," which must honor and pay these obligations. Since the City is complying with
ABX1 27 and intends to continue operation of the LRA (and subsequently will have no
obligation to a successor agency), this may be moot and not necessary. However, given
the California Supreme Court's stay described above, the City Attorney and staff are
recommending holding a public hearing to adopt an EOPS for the Agency. If adopted,
the EOPS must be posted to the City's website and sent to the DOF, State Controller,
and County Auditor - Controller no later than September 30, 2011.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact
Coordinated With:
Community Development
City Attorney
Attachment:
Resolution
Exhibit A — Enforceable Obligation Payment Schedule
3
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND
LYNWOOD REDVELOPMENT AGENCY ADOPTING AN ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO ABX1 26
WHEREAS, pursuant to the California Community Redevelopment Law (Health
and Safety Code Sections 33000 et seq.), the City Council of the City of Lynwood
( "City ") created the Lynwood Redevelopment Agency ( "Agency "); and
WHEREAS, the Agency has been responsible for implementing the
Redevelopment Plans for Project Area A and the Alameda Redevelopment Project Area
covering certain properties within the City; and
WHEREAS, as part of the 2011 -2012 State budget bill, the California State
Legislature recently enacted, and the Governor signed, companion bills ABX1 26 and
ABX1 27, which eliminate every redevelopment agency unless the community that
created it adopts an ordinance ( "Continuation Ordinance ") agreeing to participate in an
Alternative Voluntary Redevelopment Program ( "Alternate Redevelopment Program ")
which requires the payment of an annual "community remittance" payment; and
WHEREAS, ABX1 26 also requires redevelopment agencies to adopt, by August
28, 2011, an Enforceable Obligation Payment Schedule ( "EOPS ") which will serve as
the basis for the payment of the Agency's outstanding financial obligations if the City
does not adopt an ordinance electing to participate in the Alternate Redevelopment
Program and the Agency is dissolved; and
WHEREAS, the City held a first reading of the Continuation Ordinance on
August 2, 2011 and a second reading on August 16, 2011; and
WHEREAS, the California League of Cities and the California Redevelopment
Association filed suit in the Supreme Court of the State of California challenging the
constitutionality of ABX1 26 and ABX1 27; and
WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case
and issued an immediate stay of ABX1 27 in its entirety and a partial stay of ABX1 26;
and
WHEREAS, because ABX1 27, the statutory scheme which the City and Agency
had opted into through the adoption of the Continuation Ordinance, has been stayed, it
appears the Agency must adopt an EOPS at this time because, although the Court
order stayed enforcement of Health and Safety Code Section 34169, the Court order left
in place Health and Safety Code Section 34167 which relies upon and makes reference
to an adopted EOPS; and
WHEREAS, adoption of the EOPS is important as the Agency may be limited to
only making payments for debts and obligations listed on the EOPS during the time the
stay is in place.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD AND
LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval of EOPS The City and Agency hereby approves and
adopts the Enforceable Obligation Payment Schedule, in substantially the form attached
hereto as Exhibit A, as required by the recently enacted legislation ABX1 26.
Section 3. Posting; Transmittal to Appropriate Agencies The City
Manager /Executive Director is hereby authorized and directed to post a copy of the
EOPS on the City's website. The City Manager /Executive Director is further authorized
and directed to transmit, by mail or electronic means, to the Los Angeles County
Auditor - Controller, the State Controller and the Department of Finance, notification
providing the website location of the posted EOPS and other information as required by
ABX1 26.
PASSED, APPROVED and ADOPTED this 23rd day of August, 2011.
Aide Castro
Mayor and Chair
ATTEST:
Maria Quinonez
City Clerk/Secretary
APPROVED AS TO FORM:
Fred Galante
City Attorney /Agency Counsel
Roger L. Haley
City Manager /Executive Director
APPROVED AS TO CONTENT:
Robert S. Torrez
Assistant City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby
certify that the foregoing Resolution was passed and adopted by the Agency Board of
the Lynwood Redevelopment Agency at a regular meeting held on the 23` day of
August, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
Maria Quinonez
City Clerk/ Secretary
EXHIBIT A
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
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LYNWOOD REDEVELOPMENT AGENCY
# 9 (PASS THRU ATTACHMENT (VARIOUS AGENCIES)
Estimated 4.29% Pass thru (1981
1.05 Los Angeles County General Fund 1.63% 51,591.08
30.10 LA County Flood Control 2.66% 84,191.58
135,782.66
33676 H & S
Area A 89 256.000
1,287,701.10
Weighted Avg.
Estimated Pass -
Account # Taxing Entity Name
Shares
thru share
1.05 Los Angeles County General Fund
0.457082705
409,508.82
1.20 L.A. County Accum Cap. Outlay
0.000104197
93.35
1.53 LA County Detention Facilities
0.000824766
738.92
3.01 LA County Library
0.026641803
23,868.88
7.31 Los Angeles County Fire - FFW
0.006761033
6,057.33
30.10 LA County Flood Control Imp. District Maint.
0.002451639
2,196.47
30.60 LA County Flood Con. Sto
0.000394526
353.46
30.61 LA County Flood (Refund Bonds 93)
0.000062573
56.06
30.70 LA County Flood Control Maint,
0.013876563
12,432.27
33.60 Firestone Garbage Disposal District
0.003590029
3,216.37
61.80 Greater LA County Vector Control
0.000503782
451.35
66.05 County Sanitation District No. 1 Operating
0.019052537
17,069.52
200.01 City- Lynwood TD #1
0.133691938
119,777.07
200.05 City- Lynwood RP #1A
0.110960540
99,411.59
315.05 Central Basin MWD 1114
0.000000000
-
350.90 Water Replenishment District of So Cal
0.000171128
153.32
400.15 County School Services
0.001292348
1,157.84
400.21 Children's Institutional Tuition Fund
0.002564846
2,297.89
793.04 Compton Community College District
0.019078761
17,093.01
793.20 Children's Center Fund Compton CC
0.006093718
5,459.47
805.04 LA City Community College District
0.002347830
2,103.46
805.20 LA Community College Children's Center Fund
0.000024279
21.75
887.03 LA Unified School District
0.017297559
15,497.20
887.06 County School Services Fund - Los Angeles
0.000000961
0.86
887.07 Dev. Ctr. Handicapped Minor- L.A. Unified
0.000097502
87.35
887.20 Los Angeles Children's Center Fund
0.000283634
254.11
891.03 Lynwood Unified School District
0.164797957
147,645.53
891.06 County School Services Fund - Lynwood
0.007428687
6,655.50
891.07 Development Center Handicapped Minor - Lynwood
0.000820078
734.72
891.20 Lynwood Children's Center Fund
0.001702081
1,524.93
895,918.44
Estimated 4.29% Pass thru (1981
1.05 Los Angeles County General Fund 1.63% 51,591.08
30.10 LA County Flood Control 2.66% 84,191.58
135,782.66
33676 H & S
Area A 89 256.000
1,287,701.10
op Lpry�
AGENDA STAFF REPORT
t IPO4
DATE: August 23, 2011
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manager IV-
Delania G. Whitaker, Administrative Analyst II
SUBJECT: Consideration of Extending Tolling Agreement with County
of Los Angeles Relating To Consent Order, Docket No.
HAS -CO 05/06 -114, Issued By DTSC, At Former BKK Main
Street Landfill, Carson, CA
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDED
TOLLING AND STANDSTILL AGREEMENT BETWEEN THE CITY AND THE
COUNTY OF LOS ANGELES ".
Background:
In April 2006, the California Environmental Protection Agency, through the
Department of Toxic Substance Control (DTCS) issued a Settlement Agreement
and Consent Order, relating to parcels of land within the City of Carson,
California, containing the former Ben K. Kazarian (BKK) Main Street Carson
Dump, which the DTCS alleged to be contaminated with hazardous substances.
On July 11, 2007, the City entered into a Tolling and Standstill Agreement with
the County of Los Angeles regarding the former BKK Main Street Landfill in
Carson. The City is only a potential party at this time. DTSC is seeking money
from all parties that dumped or were the source of trash dumped in the BKK Main
Street Carson Dump, which is alleged to be contaminated from the trash dumped
there.
Discussion & Analysis: AGENDA
The City was recently requested by Attorney John H. Holloway of Best Best & ITEM
Krieger, LLP to execute a First Amended Tolling and Standstill agreement for an
additional four years. The Agreement will commence July 12, 2011 and expire on
July 12, 2015. Tolling references the understanding that the statute of limitations
for the County to sue the City of Lynwood to pay for the investigation of the
contamination and clean -up will not keep running while the parties are in the
agreement. In other words, without the agreement, the County may be forced to
file a legal action against the City to comply with the statute of limitations rather
than continue efforts to informally resolve any potential legal action.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
City Attorney
IN,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDED
TOLLING AND STANDSTILL AGREEMENT BETWEEN THE CITY AND THE
COUNTY OF LOS ANGELES
WHEREAS, the City executed a Tolling and Standstill Agreement between
the City and the County of Los Angeles on July 11, 2007; and
WHEREAS, the City has been requested to execute a First Amended
Tolling and Standstill Agreement for four years, expiring on July 11, 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood authorized the
City Manager to execute the Amendment to the Tolling and Standstill Agreement
with the County of Los Angeles.
Section 2. This resolution shall go into effect immediately upon its
adoption.
Section 3. The City Clerk shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 23rd day of August, 2011.
Aide Castro
Mayor
ATTEST:
Maria Quinonez Roger L. Haley
City Clerk City Manager
3
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante
City Attorney
Robert S. Torrez
Assistant City Manager
0
INDIAN WELLS
(760) 568 -2611
IRVINE
(949) 263 -2600
ONTARIO
(909) 989 -8584
RIVERSIDE
(951) 686 -1450
John H. Holloway
(213) 617 -7495
john.holloway@bbklaw.com
File No. 26345.00005
BEST BEST & KR IEGER�
ATTORNEYS AT LAw
300 South Grand Avenue, 25th Floor
Los Angeles, California 90071
(213) 617 -8100
(213) 617 -7480 Fax
BBKlaw.com
July 19, 2011
Anthony Willoughby
Willoughby & Associates
200 Corporate Pointe, Suite 495
Culver City, CA 90230
SACRAMENTO
(916) 325 -4000
SAN DIEGO
(619) 525 -1300
WALNUT CREEK
(925) 977 -3300
Re: Extension of Tolling Agreement Relating to Settlement Agreement and
Consent Order, Docket No. HAS -CO 05106 -114, Issued by DTSC, at the
former BKK Main Street Landfill, Carson, California.
Dear Mr. Willoughby:
Enclosed for your review and execution on behalf of the City of Lynwood is a First
Amended Tolling and Standstill Agreement, extending for an additional four years the Tolling
Agreement entered into between the County of Los Angeles, the City of Lynwood, and a number
of other municipalities in July of 2007 in the above - referenced matter.
Please review the same and provide me with an executed copy as soon as possible. If you
have any questions about the enclosed, feel free to give me a call.
Sincerely,
Jo . Holloway
f r ST BEST & KRIEGER LLP
JHH:sr
Enclosure
cc: Gene Tanaka, Esq.
26345.00005 \6791104.2
FIRST AMENDED TOLLING AND STANDSTILL AGREEMENT
This First Amended Tolling and Standstill Agreement ( "First Amended Tolling
Agreement ") is deemed effective as of July 12, 2011 (the "Effective Date "), by and among, the
County of Los Angeles ( "County "), the City of Bell, the City of Compton, the City of Culver
City, the City of El Segundo, the City of Huntington Park, the City of Long Beach, the City of
Lynwood, the City of Palos Verdes Estates, the City of Seal Beach, and the City of Vernon,
referred to herein collectively as the "Parties" and individually as a "Party."
RECITALS
WHEREAS, on or about April 12, 2006, the California Environmental Protection
Agency, through its Department of Toxic Substances Control ( "DTSC ") issued a Settlement
Agreement and Consent Order, Docket No. HAS -CO 05/06 -114 ( "Consent Order ") relating to
parcels of land within the City of Carson, California, containing the former Ben K. Kazarian
(`BKK ") Main Street Carson Dump aka Main Street Dump, which the DTSC alleges are
contaminated with hazardous substances (the "Site ");
WHEREAS, the County has executed the Consent Order and the County has retained
experts and consultants and commenced the Consent Order Work;
WHEREAS, the County previously entered into a Tolling and Standstill Agreement with
the City of Bell, the City of Compton, the City of Culver City, the City of El Segundo, the City
of Huntington Park, the City of Long Beach, the City of Lynwood, the City of Palos Verdes
Estates, the City of Seal Beach, and the City of Vernon tolling the applicable statute of limitation
for claims regarding the Site from July 11, 2007 through July 11, 2011 ( "Tolling Agreement');
WHEREAS, the Parties desire to extend the tolling period for the claims for an additional
four years pursuant to this First Amended Tolling Agreement.
THEREFORE, the Parties, for good and sufficient consideration hereto acknowledged,
agree as follows:
AGREEMENT
1. Tolling Period
a. In accordance with this First Amended Tolling Agreement, the Parties agree
to toll the running of any statutes of limitation and any other statute, law, rule, or principle of
equity of similar effect (collectively, "Statutes of Limitation ") with respect to any and all rights,
claims, causes of action, counterclaims, third party claims, cross - claims and defenses that could
or might be asserted by the Parties, one or more of them that. are based on, arise out of, or in any
way relate to the alleged contamination of the Site, including the work required under the
Consent Order (collectively, the "Claims ").
b. The extension tolling period shall commence on the Effective Date and
continue for the earlier of a period of four years, or until such time as this Agreement is
terminated ( "Extension Period ").
26345.00005\6533474.3
c. The Parties agree that the Extension Period shall be excluded from all
computations of any limitations period applicable to the Claims. The Parties agree that they shall
waive and shall not plead, assert, or otherwise raise any Statutes of Limitation as a bar or other
limitation on any Claim, to the extent such Statute of Limitations claims includes the Extension
Period.
2. Effective Against Signing Parties
This First Amended Tolling Agreement shall be binding on all Parties who execute this
First Amended Tolling Agreement, even if one or more Parties fail to execute it.
Incorporation of Terms of Tolling Agreement
Except as otherwise provided in this First Amended Tolling Agreement, the terms of the
Tolling Agreement shall be incorporated into and shall apply to this First Amended Tolling
Agreement.
SIGNATURES ON NEXT PAGE
26345.00005 \6533474.3 2
Name of Party: County of Los Angeles
By:
Name:
Title:
Date:
Notice Address:
Name of Party: City of Bell
Title:
By:
Name:
Date:
Notice Address:
Name of Party: City of Compton
By:
Name:
Title:
Date:
Notice Address:
Name of Party: El Segundo
Title:
By:
Name:
Date:
Notice Address:
Name of Party: City of Huntington Park
By: _
Name:
Title:
Date:
Notice Address:
Name of Party: City of Lynwood
Title:
By:
Name:
Date:
Notice Address:
26345.00005 \6533474.3 3
Name of Party: City of Palos Verdes Estates
By:
Name:
Title:
Date:
Notice Address:
Name of Party: City of Vernon
Title:
By:
Name:
Date:
Notice Address:
Name of Party: City of Seal Beach
By:
Name:
Title:
Date:
Notice Address:
Name of Party: City of Culver City
By:
Name:
Title:
Date:
Notice Address:
Name of Party: City of Long Beach
By:
Name:
Title:
Date:
Notice Address:
26345.00005 \6533474.3 4