The URL can be used to link to this page

Home My Public Portal About2015.118 (07-07-15)RESOLUTION NO. 2015.118 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND CITY OF LYNWOOD AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE THIRD 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 resulted in settlements pursuant to which the Successor Agency (in conjunction with the City of Lynwood) holds settlement payments, which have ongoing remediation issues, among others, and consequently has determined that Consultant's services are still needed in order to implement the settlements and fulfill the Successor Agency's obligations under the Dissolution Act; and WHEREAS, Consultant may at times require to utilize the services of environmental specialist to provide needed geotechnical information in the performance of the obligatory duties of this Agreement when pursuing parties responsible for contamination at Brownfield sites covered under this Agreement; and WHEREAS, in order to continue providing litigation and related services to the Successor Agency, the Parties. therefore executed a Second Amendment to the Agreement which extended the term of the Agreement (to June 30, 2015) and increased the not to exceed value to four hundred thousand dollars ($400,000), of which $227,442.50 was used to reimburse for outstanding payments and only $123,377 was expended on new business; and WHEREAS, the Successor Agency's Recognized Payment Obligation Schedule 15 -16A (for the period July 1, 2015 through December 31, 2015) provides budgetary resources that can be utilized for the Consultant's ongoing work assisting the Successor Agency with implementation of the settlements and cost related to potential litigation at other Brownfield sites covered by the Agreement including cost for geotechnical support as it relates to remediation efforts; and WHEREAS, the settlement proceeds provide budgetary resources for resolving the balance of the Successor Agency's litigation expenses, and legal fees through June 30, 2016 if the DOF makes findings against the use of RPTTF funds during the ROPS 15 -16B period (January 1, 2016- June 30, 2016); and WHEREAS, the Agency finds this Third Amendment to the Agreement is appropriate to provide for the Consultant's ongoing services which. also covers. compensation of environmental - subconsultants which provide vital geotechnical data as needed. 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 15- 16A RPTTF, and ROPS 15 -16B funds subject to confirmation it is a DOF approved Recognized Obligation. The Third 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 any balance of the Successor Agency's litigation expenses and legal fees through June 30, 2016 if the DOF makes findings against the use of RPTTF funds during the ROPS 15 -16B period (January1, 2016- June 30, 2016). Section 3. That the Successor Agency hereby approves the draft Third amendment of the subject agreement as submitted to the Agency and agreed herein subject to final review and execution by all parties thereto. Section 4. That the City and Successor Agency authorize the Chairperson, Executive Director or appointed designee to execute a Third 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 beginning July 1, 2015 ending June 30, 2016 unless otherwise amended. 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 7t" day of July, 2015. ATTEST: io �. APPROVED AS TO FORM: t) t+v-"/ V10-- David A. Garcia, City Attorney APPROVED AS TO CONTENT: J. Arnoldo Beltran, City Manager i -- Bruno Naulls, Project Manager Community Development Services 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 7t" day of July, 2015. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS AND SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE r aria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) CASTRO, HERNANDEZ 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. 2015.118 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 7t" day of July, 2015.