HomeMy Public PortalAbout2014.171 (09-16-14)RESOLUTION NO. 2014.171
A JOINT RESOLUTION OF THE CITY OF LYNWOOD AND CITY OF LYNWOOD AS
SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE
SECOND AMENDMENT TO THE AGREEMENT WITH COX, CASTLE, NICHOLSON,
LLP FOR CONSULTING SERVICES REGARDING PROJECTS RELATED TO SOIL
CONTAMINATION NOT TO EXCEED $400,000
WHEREAS, the former Lynwood Redevelopment Agency ( "Agency ") engaged in
environmental clean -up activities necessary to carry out and implement the
Redevelopment Plan for Project Area "A; and
WHEREAS, in implementing such Redevelopment Plan and the Implementation
Plan, the City of Lynwood, as Successor Agency to the former Redevelopment Agency
( "Successor Agency ") is desirous of continuing using the services of Cox, Castle &
Nicholson, LLP ( "CCN ") to work with Agency Staff and Agency Counsel in compelling
responsible parties in the proposed Imperial Highway Brownfield Area and other
projects to remediate contaminated properties, including resolving outstanding post
settlement issues regarding the matter of Lynwood Redevelopment Agency, et al, v.
Barry Ross, et al, U.S. District Court Case No. CV11- 02207 -MMM (AGRx); and
WHEREAS, on December 21, 2010, consultant was approved by way of a service
retainer Agreement for up to $100,000 to provide certain consulting and litigation services,
as needed, to the former Lynwood Redevelopment Agency on projects with soil,
groundwater and /or soil gas contamination; and
WHEREAS, that 2010 retainer Agreement was replaced with a Consulting Services
Agreement (the "Agreement ") by and between the former Lynwood Redevelopment
Agency and Consultant, which Agreement was dated December 5, 2011 and increased
the not to exceed amount to $240,000; and
WHEREAS, following the commencement of litigation and related services by
Consultant, as provided for in the Agreement, the California Supreme Court, on
December 29, 2011, issued a ruling on the constitutional validity of two 2011 legislative
budget trailer bills, ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6,
Statutes of 2011), which resulted in the outright elimination of all 425 redevelopment
agencies in the State of California; and
WHEREAS, subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012),
which was passed, signed, and enacted on June 28, 2012, made significant changes to
the provisions of ABX1 26,, including the process for administering the enforceable
obligations of the former redevelopment agencies (collectively, "Dissolution Act "); and
WHEREAS, the Successor Agency has designated the services provided by
Consultant, as described in the Agreement, to be an enforceable obligation under the
Dissolution Act, and the Department of Finance has not objected to such designation;
and
WHEREAS, the Agreement contained a scheduled expiration on March-5, 2013,
but also authorized extensions per Section 2 of the Agreement and was intended to be
extended so that Consultant could continue to litigate and provide related services that
were ongoing before ABX1 26 became law; and
WHEREAS, Consultant has continued to provide litigation and related services to
-the Successor Agency, and the Parties therefore executed an -Amendment -to the
Agreement dated November 25, 2013, which extended the term of the Agreement (to
December 5, 2014) and increased the not to exceed value to three hundred ninety
thousand dollars ($390,000); and
WHEREAS, the litigation has resulted in settlements pursuant to which the
Successor Agency (in conjunction with the City of Lynwood) holds settlement payments
in the amount of $755,000 (cash assets) and will be dealing with ongoing remediation
issues among others. Consequently the Agency has determined that Consultant's
services are still needed in order to effectively implement the settlements and fulfill the
Successor Agency's obligations under the Dissolution Act; and
WHEREAS, the Successor Agency's Recognized Payment Obligation Schedule
14 -15A (for the period July 1, 2014 through December 31, 2014) provides budgetary
resources that can be utilized for the Consultant's ongoing work assisting the Successor
Agency with implementation of the settlements; and
WHEREAS, the settlement proceeds provide budgetary resources for resolving
the balance of the Successor Agency's litigation expenses ($227,422.50 as of August 3,
2014), and legal fees through June 30, 2014 if the DOF makes findings against the use
of RPTTF funds during the ROPS 14 -15B period (January1, 2015- June 30, 2015); and
WHEREAS, the Agency finds this Second Amendment to the Agreement is
appropriate to provide for the Consultant's ongoing services and resolution of its
outstanding litigation charges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Pursuant to authority provided under Health & Safety Code
subsections 34171(d)(1)(F), 34177.3(a), and 34180(a) and (h) that the Successor
Agency hereby authorizes the continued use of CCN to provide supportive professional
litigation and environmental services for current projects of the Agency using ROPS 14-
15A/13 RPTTF funds subject to confirmation it is a DOF approved Recognized
Obligation. The second amendment not to exceed contract amount recommended is
$400,000.
Section 2. That the City -and Successor Agency hereby approve the use of
settlement proceeds from Settlement Agreement of Lynwood Redevelopment Agency,
et al, v. Barry Ross, et al, U.S. District Court Case No. CV11- 02207 -MMM (AGRx) in
resolving the balance of the Successor Agency's litigation," expenses (currently
$227,422.50), and legal fees through June 30, 2014 if the DOF makes findings against
the use of RPTTF funds during the ROPS 14 -15B period (January1, 2015- June 30,
2015).
Section 3. That the` - Successor Agency hereby approves the second
amendment of the-subject Agreement as submitted to the Agency and agreed herein.
Section 4. That the City and Successor Agency authorize the Chairperson,
Executive Director or appointed designee to execute a second amendment to the
Agreement with CCN in the amount of $400,000, in a form approved by the Agency
Counsel. The appropriations for said amendment will not exceed $400,000 for the
period ending June 30, 2015.
Section 5. That this Resolution shall take effect immediately upon approval by
majority vote of the members of the Successor Agency Board.
PASSED, APPROVED and ADOPTED this 16th day of September, 2014.
t
Aide Castro, Mayor
ATTEST:
a—A
aria Quinonez, City C. le'rk
APPROVED AS TO FORM:
David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
un aulls, Project Manager
Community Development
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 16th day of September, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2014.171 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 16th day of September,
2014.
Maria - -