HomeMy Public PortalAbout15-04 - The Community Facilities District NO. 2012-1 and Community Facilities District NO. 2012-2 Joint Powers Authority to Assist with ReclamationRESOLUTION NO. 15-04HA
A JOINT RESOLUTION OF THE CARSON HOUSING AUTHORITY, THE
COMMUNITY FACILITIES DISTRICT NO. 2012-1, AND THE COMMUNITY
FACILITIES DISTRICT NO. 2012-2 ESTABLISHING THE CARSON
RECLAMATION AUTHORITY - A JOINT POWERS AUTHORITY - TO ASSIST
WITH RECLAMATION OF CERTAIN CONTAMINATED PROPERTIES IN THE
CITY OF CARSON
RECITALS
A. There are certain unimproved real properties located throughout the City of Carson,
County of Los Angeles, State of California, that suffer from hazardous materials contamination or other
forms of environmental degradation (collectively herein, the "Properties"). In order to address the
conditions of these Properties, the Carson Housing Authority, Community Facilities District No 2012-1
and Community Facilities District No 2012-2 wish to establish the Carson Reclamation Authority, a Joint
Powers Authority pursuant to Government Code Sections 6500, et seq. ("Act") for the purposes of
facilitating, potentially funding, and overseeing the remediation and reclamation of the Properties (the
"Authority").
B. In light of dissolution of the Carson Redevelopment Agency ("RDA"), the City faces a
unique challenge in dealing with contaminated Properties within the City's boundaries. From the 1940s
through the 1960s, many environmentally harmful land uses operated within the City. More than 500
acres were occupied by 17 landfills, each with varying levels of toxicity, and a total of 88 auto salvage
yards operated without any regulations in place. Other industrial activities such as metal production,
paper product production, chemical processing, electronics manufacturing, automobile dismantling and
petroleum refining have also had negative impacts on the City's environment. As a result of past land
uses, the Carson RDA was a critical arm of the City in successfully remediating environmental conditions
in the City and in assisting in successful redevelopment of the City. With the elimination of the RDA,
property owners are less inclined to remediate the Properties. However, the City's residents and
contaminated Property owners may be able to regain some of the benefits obtainable from the former
RDA by forming this Authority.
C. The Authority may establish and maintain a fund or various funds (the "Reclamation
Fund") to provide for the reclamation of the Properties. The Parties intend that all operating expenses of
the Authority shall be paid from any and all funds available or pledged to each member of the Authority.
D. In addition, other public agencies may join into Authority membership if so accepted by
the existing members, as shall be memorialized by a written amendment to this Agreement executed by
each then -existing Authority member and the proposed new member.
RESOLUTION NO. 15-04RA
PAGE 2 OF 3
Section 1. The respective Boards of the Carson Housing Authority, Community Facilities
District No 2012-1 and Community Facilities District No 2012-2 hereby specifically find that all of the
facts set forth in the Recitals of this Resolution are true and correct.
Section 2. Under the authority of Government Code sections 6500 et seq., the respective
Boards of the Carson Housing Authority, Community Facilities District No 2012-1 and Community
Facilities District No 2012-2 hereby establish the Carson Reclamation Authority ("Authority") in
accordance with the Joint Powers Agreement ("JPA") attached hereto as Exhibit "A", The Authority shall
be subject to the terms of the JPA and duly adopted Bylaws.
Section 3. Each respective Board of the Carson Housing Authority, Community Facilities
District No 2012-1 and Community Facilities District No 2012-2 hereby authorizes their Executive
Director to complete execution of the JPA on its behalf and cause the Notice of Joint Powers Agreement
to be filed with the Secretary of State and execute any other necessary documents to establish the
Authority.
Section 4. The Secretary to each of the Carson Housing Authority, Community Facilities
District No 2012-1 and Community Facilities District No 2012-2 shall certify as to the passage and
adoption of this resolution.
JOINTLY PASSED, APPROVED AND ADOPTED this 17th day of February, 2015.
ATTEST:
Secretary Donesia L. Gause, CMC
Al
Al
HOUSING AUTHORITY OF
THE CITY OF CARSON
Chairman Jim Dear
RESOLUTION NO. 15-0411A
PAGE 3 OF 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1, Donesia L. Gause, Secretary of the Carson Housing Authority, of the City of Carson, California, do
hereby certify that the whole number of members of the Carson Housing Authority is four: that the
I -
foregoing resolution, being Resolution No. 15 -04 -HA was duly and regularly adopted by said
Authority at a regular meeting duly and regularly held on the 17'h day of February.. 2015, and that the
same was passed and adopted by the following vote:
AYES: AUTHORITY BOARD MEMBERS: Chairman Dear, Santarina, Davis -Holmes,
and Robles
NOES: AUTHORITY BOARD MEMBERS: None
ABSTAIN: AUTHORITY BOARD MEMBERS: None
ABSENT: AUTHORITY BOARD MEMBERS: None
Secretary Donesia L. Gause, CMC
File #: 2015-111, Version: 2
III. ALTERNATIVES
1. Do not APPROVE joint Resolutions Nos. CFD 2012-1-15-1, CFD 2012-2-15-1 and 15 -04 -HA
and EXECUTE the JPA agreement; or
2. TAKE another action the City Council deems appropriate that is consistent with the
requirements of law.
IV. BACKGROUND
At its regular meeting on January 20, 2015, the Carson City Council reviewed a complete staff
report regarding the proposed JPA. A copy of that staff report is attached hereto as Attachment "A"
and incorporated herein by this reference. The Council directed staff and legal counsel to prepare
the Agreement and propose what they believed to be the best entities to comprise the JPA
membership. Staff and legal counsel recommend that the JPA membership, at least initially, be
comprised of the two Community Facilities Districts and the Housing Authority because these
entities have broad powers in common. However, other entities could be joined or substituted into
the JPA membership. The JPA is formed via execution of the Agreement. At its initial meeting, the
JPA Board would adopt Bylaws. The following officers are proposed for the JPA Board:
(1) Two appointments by the Housing Authority appointing two members of its legislative
body to two Board seats;
(2) One seat on the Board shall be filled by the Chair of the Carson Planning Commission;
(3) One seat on the Board shall be filled by the Chair of the Carson Economic Development
Commission;
(4) One seat on the Board shall be filled by either (i) the Chair of the Carson Environmental
Commission, or (ii) the Secretary to the Housing Authority (i.e., City Clerk), which
appointment shall be made by majority vote of the Housing Authority Board.
V. FISCAL IMPACT
There is no project being proposed. Entering into the JPA Agreement has no fiscal impact. There
may be a fiscal impact as projects come forward.
VI. EXHIBITS
1. January 20, 2015 staff report on Agenda Item No. 34. 2015-39. (pgs. 3-12)
2. Joint Resolutions Nos. CFD 2012-1-15-1, CFD 2012-2-15-1 and 15 -04 -HA and Carson
Reclamation Authority Joint Powers Agreement. (pgs. 13-25)
Prepared by: The City Attorney's Office
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SUBJECT:
CITY OF CARSON
701 East Carson Street
Report to Mayor and City Council
Tuesday, January 20, 2015
New Business Discussion
PRELIMINARY CONSIDERATION OF FORMATION OF JOINT POWERS AUTHORITY
FOR PURPOSES OF OVERSEEING AND FACILITATING THE REMEDIATION OF
CONTAMINATED PROPERTIES AND MAINTENANCE AND POTENTIAL
DEVELOPMENT OF SAME IN THE CITY OF CARSON
SUMMARY
I. In light of abolishment of the Carson Redevelopment Agency by state law, the purpose
of this item is to open preliminary Council discussions about the potential formation of a
Joint Powers Authority ("JPA") for the purpose of overseeing, and facilitating the
remediation of contaminated properties in the City of Carson and maintenance and
potential development of same (the proposed "Remediation JPA").
a. Formation of a Carson Remediation Authority Would Serve the Purpose of
Overseeing, Facilitating, Possibly Funding the Remediation of Publicly -Owned or
Possibly Even Privately -Owned Properties in Carson and Later Maintenance or
Possible Development of Same. Doing This Via a JPA Might Protect The City
and/or Related Public Agencies From Environmental Liabilities.
b. The City, or its Affiliated Bodies, Own Several Properties That Could be the
Subject of a Remediation JPA's Jurisdiction.
• A chart in Section V(b) of this Staff Report sets forth a sampling of
example properties that may benefit from the formation of a Remediation
JPA.
c. Potential Member Entities to Consider for Formation of a Carson Remediation
JPA include, Without Limitation, the Housing Authority, One or More CFDs, An
IDA (An Unformed Entity), and The Finance Authority. The "Common Powers"
Doctrine Should Guide The Council's Consideration of Potential JPA Members.
• At this early stage, a firm decision is not expected as to member entities.
Only general guidance is sought from the Council in terms of membership
priorities and policies. A chart in Section V(c) of this Staff Report
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summarizes the pros/cons of several potential member entities.
d. Other Formational Issues for the Council's Consideration Include, Without
Limitation: ('I) Which Member Should Serve as the "Lead" JPA Member? And, (2)
How Should JPA Board and Staff be Composed and the JPA Administered?
At this early stage, a firm decision is not expected as to member entities.
Only general guidance is sought from the Council in terms of membership
priorities and policies.
® Lead Member: There will be a need to identify one of the JPA members
by name whose procedures and policies will serve as the basis for
restricting and determining how the JPA will exercise its powers.
JPA Board, Staff, Administration: It is necessary to consider composition,
selection and voting rights of the JPA governing board and officials. The
board, officers and JPA staff may overlap with, or even mirror, the existing
organization or administration of the member agencies. The JPA also can
hire outside professionals to serve in official capacities, such as CPAs to
serve as treasurers, environmental professionals to serve in some official
capacity, or other specialized business consultants.
U. RECOMMENDATION
DIRECT staff to bring back formation documents for the Carson reclamation authority.
Ill. ALTERNATIVES
DECLINE TO DIRECT STAFF to proceed with the formation of a Remediation JPA.
IV. BACKGROUND
In light of dissolution of the Carson Redevelopment Agency, the City faces a unique
challenge in dealing with the remaining contaminated properties within the City's
boundaries. From the 1940s through the 1960s, many environmentally harmful land uses
operated within the City. More than 500 acres were occupied by 17 landfills, each with
varying levels of toxicity, and a total of 88 auto salvage yards operated without any
regulations in place. Other industrial activities such as metal production, paper product
production, chemical processing, electronics manufacturing, automobile dismantling and
petroleum refining have also had negative effects on the City's environment. As a result of
past land uses, the Carson Redevelopment Agency was a critical arm of the City in
successfully remediating environmental conditions of the City and in assisting in successful
redevelopment of the City.
The City still contains a number of environmental blighting conditions on many properties
that pose barriers to meaningful redevelopment. However, with the elimination of the
Redevelopment Agency, property owners are less inclined to remediate these properties
CITY OF CARSON
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and the City will have to be careful involving itself in such projects not to expose the City's
general funds to any potential liabilities. However, the City may be able to regain some of
the benefits of the former Redevelopment Agency by forming a Remediation JPA.
Under the Joint Exercise of Powers Act, Gov. Code §§ 6500 et seq., public agencies may
make agreements with other public agencies to jointly exercise a power they have in
common. Subject to the strict limitations noted below, JPAs can define their own powers,
administrative control, and procedures through their formational document, the Joint
Powers Agreement. (Gov. Code § 6503.) An agreement that creates a new JPA
describes the size, structure, and membership of the JPA's governing board and
documents the JPA's powers and functions. As a legally separate public agency, the JPA
can sue or be sued, hire staff, obtain financing to build public facilities, and manage
property. Joint powers agreements usually protect their member agencies from a JPA's
debts or other liabilities.
The flexibility attendant to a JPA under its formational agreement is subject to the following
important limitations:
i Only public agencies can exercise power under a JPA. There could, technically,
be non-public members or participants, but the right to vote and exercise power
is strictly limited to the public agency members.
ii. "Common Powers" -The powers of the JPA are only co -extensive with the powers
of its members. (Gov. Code § 6509.) One could think of this as the "weakest
link" rule: the JPA cannot exercise a power if any one of its members cannot
exercise that power. For example, if one member of a JPA is unable to exercise
the power of eminent domain, then the entire JPA is precluded from exercising
eminent domain.
iii. The powers of the JPA must be defined by the formation contract. (Gov. Code §
6503.) Assuming the powers in common to the JPA members allow, the array of
powers that may be asserted by the JPA formational contract are themselves
quite broad, including the following powers:
® Enter contracts, hire employees, invest money, sue and be sued;
• Exercise eminent domain;
• Own or lease property;
® Build and maintain infrastructure;
® Buy water or other utility resources;
• Borrow money, incur debt, issue bonds.
Formation of a JPA requires preparation of three primary documents: (i) the Joint Powers
Agreement, (ii) Bylaws for the new JPA, and (iii) Authorizing resolutions to be adopted by
each member agency to the JPA. The City Attorney's Office would prepare each of these
instruments.
CITY OF CARSON
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Among JPAs there are two popular funding methods: (1) creation of a revenue stream, and
(2) bond issuance. With respect to the first method, it is common for JPAs to set-up some
form of revenue stream (i.e., regular monetary contributions) to be paid by the member
agencies to the JPA; this revenue stream is typically set-up in the JPA's formational
contract and/or the JPA budget. As to bond issuance, JPAs do not need voter approval
before issuing bonds, but each member agency must pass an ordinance to do so. The
JPA can sell the bonds and use the proceeds to build improvements to buy equipment.
JPAs that provide financing and sell bonds for multiple agencies pay for their operations by
collecting fees from their member agencies for the JPA's bond services. Notably, no
member of the governing body of the JPA shall be personally liable on the bonds or be
subject to any personal liability or accountability by reason of the issuance of bonds. (Gov.
Code § 6547,8.)
Finally, it bears emphasis that JPAs are treated like "public entities" for nearly all legal
purposes. This means that a JPA must abide by the complex conflicts -of -interest laws of
the California Political Reform Act (Gov. Code §§ 87100 et seq.), the restrictions on Self-
interested contracts involving government officials (Gov. Codes §§ 1090 et seq.), the
Brown Act's open meeting laws (Gov. Code §§ 54950 et seq.) and the Public Records Act
(Gov. Code §§ 6250 et seq.).
IV. ANALYSIS
a. Formation of a Carson Remediation Authority Would Serve the Purpose of
Overseeing, Facilitating and Funding the Remediation of Publicly -Owned Or
Possibly Privately -Owned Properties in Carson and Maintenance of Same. Doing
This Via a JPA Might Protect The City and/or Related Public Agencies From
Environmental Liabilities.
CITY OF CARSON
As discussed further below, with the dissolution of the Carson Redevelopment Agency,
the City or its affiliates owns a number of properties that are contaminated or
environmentally compromised such that development potential is limited. Successful
remediation of these properties is a top priority of the City in furtherance of public
health, safety, welfare and the goal of maximizing these properties' development
potential. The City has requested our legislative advocate Townsend Public Affairs
work on brownfields legislation. Furthermore, as areas within Carson's boundaries were
prior to its incorporation used as land -fills, a number or privately -owned properties
within the City present good opportunities for development or redevelopment provided
some assistance could be provided similar to that of the former Carson Redevelopment
Agency with respect to remediation of these properties.
While it is possible for the City, Successor Agency and/or Housing Authority to directly
undertake the remediation of properties owned by them, such remediation activities
may pose substantial liabilities to the entity undertaking them. Also, by operation of law
successor agencies are set to sun -set in a couple of years and to unwind all their
functions. Furthermore, any remediation and/or development under the Housing
Authority would then have to have a low-income housing component.
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By forming a JPA, however, member agencies may be able to shield themselves from
tort liability via language in the Joint Powers Agreement. This may thus be a means of
protecting the City and its general fund from environmental liabilities while allowing the
City to meaningfully provide a mechanisirn for clean-up maintenance and potential
development of contaminated properties. Such protections could include:
Broad language in the Joint Powers Agreement to cover insulation of
member agencies from the debts, liabilities and obligations of the JPA,
whether they are in tort, contract or otherwise; and
a Indemnification running from the JPA to the member agencies; and
Possibly naming the member agencies as additional insureds for the
liability policies of the JPA.
Further, the JPA laws specifically state that two or more public agencies that have the
authority to identify, plan for, monitor, control, regulate, dispose of, or abate liquid, toxic,
or hazardous wastes or hazardous materials may, by agreement, jointly exercise any of
these common powers. (Gov. Code § 6502.7.)
b. The City, or its Affiliated Bodies, Own Several Properties That Could be the
Subject of a Remediation JPA's Jurisdiction.
The City, Housing Authority, and Successor Agency all own, or may acquire,
contaminated or environmentally -degraded properties in Carson that may be the
subject of the proposed Remediation JPA's jurisdiction. Attached as Exhibit I is a chart
presenting a sampling of properties that could benefit from the formation of a
Remediation JPA.
c. Other Formational Issues for the Council's Consideration Include,
Without Limitation: (1) Which Member Should Serve as the "Lead" JPA Member?
and (2) How Should JPA Board and Staff be Composed and the JPA
Administered?
"Lead" Member Issues:
CITY OF CARSON
A Joint Powers Agreement must designate the manner in which the JPA's powers will
be exercised. This is accomplished by identifying one of the member agencies by
name whose procedures and policies will serve as the basis for restricting and
determining how the entity will exercise its powers. If a JPA has members with varying
levels of power, the choice of a "lead" member cannot serve to enhance the powers
jointly exercised beyond those that are shared by all members. A safe approach is to
select as lead a member agency with the lowest common denominator of powers.
(Gov. Code § 6509.)
Generally, once the common JPA power has been delegated to the lead agency, that
agency can exercise the power granted to it by the Agreement to take any action in
furtherance of the JPA's stated purpose without the authorization or consent of the
other member agencies. [(City of Burbank v. Burbank -Glendale -Pasadena Airport
Authority (1999) 72 Cal. App. 4th 366, 375 (lead agency of three -city JPA created to
operate a common airport could expand airport without consent of the other member
A
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cities); (City of Oakland, 15 Cal. 2d at 556 (holding that "sponsor" agency City of
Berkeley could act on behalf of all members to remediate common sewer system); (
Beckwith v. Stanislaus County (1959) 175 Cal. App. 2d 40 (JPA agreement delegated
the power to maintain a common waterway to lead agency.)
In addition, the JPA Act allows the JPA to exercise other powers under the Act
regardless of the Common Powers - this is in Article IV of the JPA act which allows the
issuance of revenue bonds and certain other actions.
Board & JPA Staff Issues:
A Joint Powers Agreement shall specify the member agency that will administer and
carry out the Agreement. This may be (1) one or more of the member agencies to the
agreement, (2) a commission or board constituted pursuant to the agreement; (3) an
unrelated person, firm or corporation designated in the agreement; or (4) a combination
thereof. (Gov. Code §6506.) Option (2) is most common.
The Agreement should also set forth the governance structure of the JPA by
establishing a governing board, the number and composition of such board, and how
selected. If the Agreement designates a specified period for terms of directors, the
Agreement should also specify the power or discretion of the appointing agencies to
remove directors; otherwise, removal mid-term may be a problem, The Agreement also
must spell out voting rights and quorum rules.
A Joint Powers Agreement must designate a treasurer for the JPA, who may be the
treasurer of one of the member entities, the county treasurer of a county in which one of
the parties is located, or a certified public accountant. (Gov. Code § 6505.5.)
Alternatively, the entity may appoint one of its officers or employees as treasurer or to a
joint treasurerfauditor position. (Gov. Code § 6505.6.)
FISCAL IMPACT
None. The City is only providing preliminary consent and direction to move forward with
possible formation of a Remediation JPA,
,EXHIBITS
1. Carson Brownfield Sites on Envirostor. (pg. 7-8)
Prepared by: Sunny K. Soltani, City Attorney
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JOINT POWERS AGREEME NT OF THE CARSON RECLAMATION AUTHORITY
THIS JOINT POWERS AGREEMENT OF THE CARSON RECLAMATION AUTHORITY
("Agreement") is entered into this day of , 2015 ("Effective Date") by and between the
COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT
SOUTH BAY — REMEDIAL SYSTEMS OM&M), a public body formed pursuant to the Mello -Roos
Community Facilities Act of 1982, and the COMMUNITY FACILITIES DISTRICT NO. 2012-2 OF THE
CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY — CAPITAL IMPROVEMENTS), a public body
formed pursuant to the Mello -Roos Community Facilities Act of 1982 (collectively the "Districts"), and the
CITY OF CARSON HOUSING AUTHORITY, public entity formed pursuant to Government Code Sections
34200 et seq ("Housing Authority"). The Districts and Housing Authority are herein collectively called the
"Pa1-ties" or "Members" and each individually a "Party" or "Member". This Agreement is entered into as a
"Joint Powers Agreement" pursuant to Government Code Sections 6500, et seq. (the "Act") in reference to the
following facts:
RECITALS
A. There are certain unimproved real properties located throughout the City of Carson, County of
Los Angeles, State of California, that suffer from hazardous materials contamination or other
forms of environmental degradation (collectively herein, the "Properties"). The intent of this
Agreement is to establish the Carson Reclamation. Authority, a Joint Pourers Authority pursuant
to Government Code Sections 6500, et seq. ("Act") for the purposes of facilitating, potentially
funding, and overseeing the remediation and reclamation of the Properties (the "Authority").
B. Properties intended to benefit from the formation of the Authority included, without Iimitation,
are listed in Exhibit "A". In light of dissolution of the Carson Redevelopment Agency ("RDA"),
the City faces a unique challenge in dealing with contaminated Properties within the City's
boundaries. From the 1940s through the 1960s, many environmentally harmful land uses
operated within the City. More than 500 acres were occupied by 17 landfills, each with varying
levels of toxicity, and a total of 88 auto salvage yards operated without any regulations in place.
Other industrial activities such as metal production, paper product production, chemical
processing, electronics manufacturing, automobile dismantling and petroleum refining have also
had negative impacts on the City's environment. As a result of past land uses, the Carson RDA
was a critical am of the City in successfully remediating environmental conditions in the City
and in assisting in successful redevelopment of the City. With the elimination of the RDA,
property owners are less inclined to remediate the Properties. However, the City's residents and
contaminated Property owners may be able to regain some of the benefits obtainable from the
former RDA by forming this Authority.
C. Extensive provisions of State and Federal law set standards for, and provide for liabilities
attributable to contaminated properties, including without limitation, any Federal, State or local
law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental
conditions on, under or about the Premises including, without limitation, (i) the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C.
Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42
01607.0018/237972.5
U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.;
(iv) the Safe Drinking eater and Toxic Enforcement Act of 1986, California Health and Safety
Code Section 25249.5 et seq.; (v) the Federal Water Pollution Control Act, 33 U.S.C. Sections
1317 et seq,; (vi) California Water Code Section 1300 et seq.; and (vii) California Civil Code
Section 3479 et seq., as such laws are amended and the regulations and administrative codes
applicable thereto (collectively, "Environmental Laws"). Moreover, any individual or entity
within a chain of title to a contaminated property may face environmental liability under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), 42 U.S.C. Sections 9601 et seq. as a result of mere ownership of, or interest in, a
contaminated property.
D. The Authority is proposed, in part, to protect its Member agencies, other governmental
stakeholders in Carson, and the taxpayers and taxpayer dollars from the extensive, potential
liabilities and costs attributable to the Environmental Laws. The Authority may establish and
maintain a fund or various funds (the "Reclamation Fund") to provide for the reclamation of the
Properties. The Parties intend that all operating expenses of the Authority shall be paid from any
and all funds available or pledged to each Party hereto.
E. In addition, other public agencies may join into Authority membership if so accepted by the
existing Parties to the Authority, as shall be memorialized by a written amendment to this
Agreement executed by each then -existing Authority Member and the proposed new Member.
Pursuant to Section 6502 of the Act, there is hereby created a public entity separate and independent
from the Parties hereto, to be known as the "Carson Reclamation Authority." Pursuant to Government Code
Section 6508.1, the debts.. liabilities, and obligations of the Authority shall not constitute debts, liabilities; and
obligations of the Parties, or any Party, to this Agreement.
Within thirty (30) days after the Effective Date of this Agreement and after any amendment, the
Authority shall cause a notice of such Agreement or amendment to be prepared and filed with the office of the
California Secretary of State containing the information required by California Government Code Section
6503.5.
Within ten (10) days after the Effective Date of this Agreement, the Authority shall cause a statement of
the information concerning the Authority and its Board Officers (defined below) required by California
Government Code Section 53051 to be filed with the office of the California Secretary of State and with the
County Clerk of Los Angeles County, and within ten (10) days after any amendment which makes any change
in the facts required to be stated pursuant to Subdivision (a) of Government Code Section 53051, a statement of
such facts also shall be filed as provided therein.
2.01 Purpose. The Authority is created as a voluntary public agency established by mutual assent amongst
the Parties pursuant to this Agreement. The Authority is organized to facilitate and fund the
01007.0018/23797115 1
environmental study, investigation, remediation and reclamation of any and all contaminated Properties
in the City, or the acquisition and subsequent reclamation of contaminated Properties. These powers
include any improvements on Property related to environmental clean-up and any negotiations or
processing of Property reclamation required in connection with the California Department of Toxic
Substances Control ("DTSC") or any other State or Federal environmental agency. The Authority's
powers may extend beyond mere Property remediation to post -remedial development planning and
implementation. The Authority is also hereby vested with all powers vested in public agencies under
the Environmental Laws.
2.02 Powers.
(a) General Powers. The Authority shall have the power in its own name to exercise any and all
powers of any two or more of the Members hereto that are reasonably related to the purposes of
the Authority, including but not limited to the powers to:
(1) study the feasibility of and plan for and implement the design, acquisition, financing and
construction of joint improvement projects;
(2) seek, receive and administer funding from any available source, including grants or loans
under any available federal, state and local programs for assistance in achieving the
purposes of the Authority:
(3) contract for the services of engineers, attorneys, planners, financial and other necessary
consultants or entities;
(4) make and enter into any other contracts;
(5) employ agents, officers and employees;
(6) acquire, lease, construct; reconstruct, rehabilitate, manage, maintain and operate (subject
to the limitations herein) any buildings, works or improvements with respect to the
Properties or reclamation systems and facilities therefor;
(7) acquire, hold, or dispose of any other Property by any lawful means, including without
limitation gift, purchase, eminent domain, lease, lease -purchase, license or sale;
(8) incur all authorized debts, liabilities, and obligations, including issuance and sale of
bonds, notes, certificates of participation and other evidences of indebtedness described
in Section 2.03.a(6) of this Agreement, subject to the limitations herein; and
(9) receive gifts, contributions and donations of property, funds, services and other forms of
financial or other assistance from any persons, firms, corporations and governmental
entities; and
(1.0) sue and be sued in its own name, including to pursue the liability of potentially
responsible parties, prior owners of property, adjacent property owners, or any other
interested entities; and
0100T00I81237972.5
(11) seek the adoption or defeat of any federal, state or local legislation or regulation
necessary or desirable to accomplish the stated purposes and objectives of the Authority;
and
(12) adopt rules, regulations, policies, by laws and procedures governing the operation of the
Authority; and
(13) create any committees deemed to be in the best interest of the Authority; and
(14) exercise all other powers not specifically mentioned herein, or exercised by Members, or
authorized by the Environmental Laws or and authorized by California Government Code
Section 6508.
(b) Independent Powers. The Authority shall have the power to exercise all the powers in Article IV
of the Act or any other power independent of the common powers permitted by the Act.
(c) Funding Powers.• Reclamation Fund. The Authority may establish and maintain a fund or
various funds (the "Reclamation Fund") to provide for the reclamation of the Properties. The
Members intend that all operating expenses of the Authority shall be paid from any and all funds
available or pledged to each Party hereto.
2.03 Specific Powers.
(a) Annual Budget. The Authority Board (hereinafter defined) shall adopt an annual budget for the
ensuing fiscal year, by approval of the representatives of not less than two-thirds (213) of the
Board. pursuant to procedures established by the Board.
(b) Accounts. All funds will be placed in object accounts and receipt, transfer or disbursement of
such funds shall be accounted for in accordance with the generally accepted accounting
principles applicable to governmental entities, with strict accountability of all funds. All
revenues, expenditures and status of bank accounts and investments shall be reported to the
Board on a quarterly basis, pursuant to procedures established by the Board.
(c) Expenditures Within Approved Annual Budget. All expenditures within the limitations of the
approved annual budget shall be made upon approval of the Executive Director (hereinafter
defined) in accordance with the rules; policies and procedures adopted by the Board. However,
no expenditure shall be made for the put -pose of purchasing or otherwise acquiring real property
without prior approval of the Board by not less than a majority vote of the total Board
membership. No expenditures in excess of those budgeted shall be made without the prior
approval of an amended annual budget by the Board by not less than a majority vote of the total
Board membership.
(d) Disbursements. Warrants shall be drawn upon the approval and written order of the Board, and
the Board shall requisition the payment of funds only upon approval of claims, disbursements
and other requisitions for payment in accordance with this Agreement and other rules,
regulations, policies and procedures adopted by the Board.
01007.0018;2374725
(e) Audit. The records and accounts of the Authority shall be audited annually by an independent
certified public accountant. All audit costs will be born by the Authority. These reports shall be
filed within 12 months after the end of the fiscal year under audit with each Member and also
with the Los Angeles County auditor, and shall be sent to any public agency or person in
California that submits a written request to the Authority.
(f) Securities. The Authority may use any statutory power available to it under the Act and any
other applicable laws of the State of California, for issuance and sale of any revenue bonds or
other evidences of indebtedness necessary or desirable to finance the exercise of any pourer of
the Authority, whether heretofore or hereinafter enacted or amended, and may borrow from any
source, including without limitation, the federal government.
(g) Liabilities. As authorized by California Government Code Section 6508.1, the debts, liabilities
and obligations of the Authority shall be the debts, liabilities and obligations of the Authority
alone, and not of its Members. By entering into this Agreement, the Members do not accept any
financial responsibility or legal liability for the operations of the Authority or its undertakings
herein or entered into in any other manner. Government Code Section 895.2 imposes certain tort
liability jointly upon public agencies solely by reason of such public agencies being parties to an
agreement as defined in Government Code Section 895. Therefore, the Parties hereto, as
between themselves, pursuant to the authorization contained in Government Code Section 895.4
and 895.6, each assume the full liability imposed upon it or any of its officers, agents, or
employees by law for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be imposed in the
absence of Government Code Section 895.2. To achieve this purpose, each Party indemnifies
and holds harmless the other Party for any loss, cost; or expense, including reasonable attorney's
fees, that may be imposed upon or incurred by such other Party solely by virtue of Government
Code Section 895.21..
2.04 Hold Harmless and Indemnification.
(a) After the Effective Date of this Agreement, the Authority shall fully and completely indemnify,
defend, and hold harmless, jointly and severally, each of its Members and its Members' officers,
officials, employees, agents, and representatives with respect to any loss, damage, injury, claim,
litigation, or liability, including attorney's fees and costs, arising out or in any way related to the
creation, operation, functioning, decisions, or actions of the Authority or the Authority's
Officers, Board, directors, employees, agents, or representatives.
(b) The provision of indemnity set forth in this Section shall not be construed to obligate the
Authority to pay any liability, including but not limited to punitive damages, which by law
would be contrary to public policy or otherwise unlawful.
(c) In no event, however, shall the indemnification of an employee or former employee of the
Authority or Member exceed that provided in California Government Code Article 4 of Chapter
1 of Part 2 of Division 3.6, beginning with Section 825, as amended from time to time.
(d) In no event shall the foregoing indemnity provisions obligate the Members of the Authority in
any respect whatsoever.
01007.0018/237972.5 117
2.05 Insurance.
(a) The Authority shall obtain necessary bonding, fiduciary liability, officers and director's liability
insurance, and other insurance coverage on a pooled basis as deemed necessary by the Board for
all Board Officers and Authority directors and employees or as required by law. Such coverage
shall be an administrative expense.
(b) The Authority shall procure and maintain, from the Effective Date, comprehensive liability
insurance in the minimum amount of Five Million Dollars ($5,000,000) combined single limit
per occurrence and annual aggregate. Each of the Authority's Members shall be named as an
additional insured on all Authority insurance policies. Alternatively, the Authority may self -
insure. The Authority shall, in necessary or required, procure and maintain worker's
compensation insurance as required by Iaw.
2.06 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules, all pension, relief, disability, worker's compensation, and other benefits which
apply to the activity of officers, agents, or employees of any Member when performing their respective
functions within the territorial limits of the Member, shall apply to them to the same degree and extent
while engaged in the performance of any of their functions and duties extraterritorial Iv hereunder.
2.07 Condemnation. T1ze Authority shall have the power to exercise any available eminent domain power of
its Members.
2.08 Manner of Exercise. For purposes of California Government code Section 6509, the manner of
exercising the power of this Authority shall be restricted to the manner of exercising the powers of its
designated Members, the Districts and the Housing Authority, unless Authority Membership is duly
amended in accordance with Section 3.01, in which case the manner of exercising the power of this
Authority shall be restricted to the manner of exercising the pourers of its new Members.
(a) For each action or undertaking exercised by the Authority, the scope of the Authority's power on
that subject matter shall be the same as the powers of the one Member with the least restricted
powers with respect to such subject matter.
(b) In terms of administrative rules and operational regulations, if no others are specified herein or
by adoption of the Board, then the rules and regulations of the Housing Authority apply.
(c) With respect to purchasing powers, the Authority assumes and shall be governed by the
purchasing ordinances of the City of Carson.
2.09 Compliance with CEQA. The Authority shall comply with all requirements of CEQA and NEPA as a
condition precedent to its commitment to carry out any obligation under this Agreement for which such
compliance is required. However, the execution of this Agreement does not constitute a project or
approval of any commitment to carry out any project as those terms are used in CEQA and NEPA.
2.10 Contributions. During the planning and organization of the Authority and after the formation of the
Authority; individual Members may contribute funds, personnel and equipment to the Authority in
furtherance of the purposes of the Authority set forth herein. Pursuant to Government Code Sections
6504, 6512.1 and related provisions, the Authority is empowered after the issuance of bonds or r ceipt
t
01 OO7,00 ] 81237972.5
of funds from any other source, to reimburse such Members for such contributions to the extent the
Authority determines to do so and in proportion to the contributions unless agreed to differently by the
Members.
2.11 Termination of Authority. Termination shall be in accordance with Section 4.03. Any termination
shall be subject to the following limitations:
(a) No termination of the Authority shall occur until all of its debts, liabilities, and obligations,
including issuance and sale of bonds, notes, certificates of participation and other evidences of
indebtedness described in Section 4.2a(vi) of this Agreement or permitted pursuant to the Act are
paid or adequate provision for such payment is made in accordance with the resolution of the
Authority authorizing issuance and sale thereof.
(b) No termination of the Authority shall occur that is contrary to the language, spirit or intent of any
contract or agreement entered into by the Authority with the United States of America, the State
of California, or any department, administration or district of either.
(c) No termination of the Authority shall occur that otherwise is prohibited by law. In the event of
termination of the Authority, any remaining funds, property or other assets of the Authority,
following discharge of all debts, liabilities and obligations of the Authority, shall be distributed
to the Members for any unreimbursed advances, contributions or in -lieu contributions made or
given to the Authority by such Members, and distributed to all Members in accordance with the
proportional contribution of the original property transfer to the Authority unless otherwise
agreed to by the Members.
3.01 Membership.
(a) Voting Members & Governing Board. For all actions requiring a vote of the Members either
under this Agreement or as required by law, the voting Members in the Authority shall be limited
to the Housing Authority and the Districts, unless a new public agency Member is added to the
Membership, pursuant to Subsection (b) below. Any action requiring either vote or consent of a
Member must be approved by the legislative body of such Member.
(b) Changes in Membership. Subject to Section 4.01 below, Authority Membership may be
amended by written amendment to this Agreement executed by the legislative board of all then -
current Members, as well as the proposed new Member. In order to be a voting Member of the
Authority the new Member must be a public agency as defined in the Act. Except as permitted
in a duly -approved amendment pertaining to Authority Membership, the Members shall not
assign or transfer any of their rights or delegate any duties under this Agreement without the
written consent of all other Members.
O I007.0013/237972.5
3.02 Voting. Except for those actions requiring a vote of the Members either by this Agreement or as
required by law, all other non -administrative, formal actions of the Authority shall be approved by the
Authority's Board of Officers (the "Board").
(a) Required Vote. All actions of the Board shall be by vote of the representatives of a majority of
the Officers (defined below) present and voting, except as otherwise specifically provided herein.
(b) Proxy and Absentee Votes. Representatives of Members and Board Officers may not cast proxy
or absentee votes.
(c) Abstentions. Board Officers shall vote on all matters presented to the Board for action unless the
reason for any abstention is declared on the record and based on a prohibited conflict of interest
or other legal basis for voting disqualification, or has a reasonable probability of such conflict or
disqualification.
3.03 Pair Political Practices Act. Board Officers shall be considered "public officials" within the meaning
of the Fair Political Practices Act of 1974, as amended, and its regulations, for purposes of financial
disclosure, conflict of interest and other requirements of such Act and regulations, subject to a contrary
opinion or written advice of the California Fair Political Practices Commission ("FPPC"). No
Authority director, Officer, official, or employee of the Authority shall have -any financial interest,
direct or indirect, in the Authority nor shall any such person participate in any decision relating to the
Authority which affects his or her financial interests, in violation of any State law or regulation. The
Authority, once formed, shall approve a conflict of interest code at the earliest possible time and file it
with the county of Los Angeles. Board Officers of the Authority shall also file disclosure statements as
required by the FPPC in advance of the Authority`s adoption of a conflict of interest code.
3.04 Levine Act. Board Officers are "officials" within the meaning of California Government Code Section
84308, et seq., commonly known as the "Levine Act," and subject to the restrictions of such act on the
acceptance, solicitation or direction of contributions.
3.05 Principal Office. The principal office of the Authority shall be 701 E Carson Street, Carson, California
90745.
3.06 Meetings.
(a) Time and Place. The Board shall meet at the principal office of the Authority, which is hereby
designated as the Carson City Hall Chambers at 701 E Carson Street, Carson, California 90745,
or at such other place designated by the Board if notice is provided in the manner of notice of an
adjourned meeting under the Ralph M. Brown Act, contained in California Govermnent Code
Section 54950, et seq. The time and place of regular meetings of the Board shall be designated
by either resolution or Bylaws adopted by the Board, a copy of which shall be furnished to each
Member at least fifteen (15) days prior to the next such regular meeting.
(b) Call and Conduct. All regular, adjourned and special meetings of the Board shall be called and
conducted in accordance with the provisions of the Ralph M. Brown Act, and all other applicable
legislation regulating the conduct of meetings of the legislative body of a local public agency.
03007.0018(237972.5
(c) Quorum. Not less than a majority of the Board shall constitute a quorum of the Board required
to conduct the business of the Authority.
(d) Rules. The Board shall adopt Bylaws and may adopt from time to time rules and regulations for
the conduct of the Board and the affairs of the Authority consistent with this Agreement and all
other applicable laws.
(e) Minutes. The Secretary of the Authority (hereinafter defined) shall cause minutes of all regular,
adjourned regular and special meetings of the Board to be made. Upon approval by the Board at
a regularly -called meeting thereafter, such minutes shall become a part of the official public
records of the Authority.
3.07 Officers.
(a) Chair and Vice -Chair. The "Officers" of the Authority's Board shall be comprised of five (5)
individuals appointed or assigned as follows:
(1) Two appointments by the Housing Authority appointing two members of its legislative
body to two Board seats;
(2) One seat on the Board shall be filled by the Chair of the Carson Planning Commission;
(3) One seat on the Board shall be filled by the Chair of the Carson Economic Development
Commission;
(1) One seat on the Board shall be filled by either (i) the Chair of the Carson Environmental
Commission, or (ii) the Secretary to the Housing Authority, which appointment shall be
made by majority vote of the Housing Authority Board. In the event the Secretary to the
Housing Authority is appointed to sit on the Board, the position of Authority Secretary
shall pass to the Deputy City Clerk of the City of Carson.
(b) The positions of Chair and Vice Chair shall be appointed by majority vote of the Board.
Appointments to Chair and Vice Chair shall be concurrent with the Officials` separate terms on
their seat with the Housing Authority, Planning Commission, Economic Development
Commission or Environmental Commission, as applicable.
(c) Compensation and Expense Reimbursement All Board Officers shall serve without
compensation.
(d) Secretary. The Secretary of the Housing Authority, or his or her designee, shall serve as the
Secretary of the Board. Except that in the event the Secretary to the Housing Authority is
appointed to sit on the Board, then the position of Authority Secretary shall pass to the Deputy
City Clerk of the City of Carson.
(e) Treasurer and Auditor. The Board shall appoint a director, manager, or employee of a Member
agency to hold the office of Treasurer/Auditor for the Authority, which appointment shall
consider the accounting and financial experience, expertise and knowledge of the proposed
appointee to Treasurer/Auditor. Alternatively, the Board may approve a professional services
01007.00181237972.5 %� !
contract with a certified public accountant to fulfill the Treasurer/Auditor functions. Such person
or persons shall possess the powers and duties of, and shall perform all Treasurer/Auditor
functions for the Authority, including those required or authorized by California Government
Code Sections 6505, 6505.5, and 6505.6. The Treasurer/Auditor is the depository and has
custody of all of the money of the Authority. The Treasurer/Auditor is also responsible for
receipt and disbursement of said money, payment of all warrants and obligations of the
Authority, and financial reporting on at least a quarterly basis to the Authority and its Members.
(f) Executive Director. The Executive Director of the Housing Authority shall serve as Executive
Director of this Authority. Such Executive Director shall have full authority and responsibility
to implement the purposes and objectives of the Authority, subject only to the general authority
of the Board, and specific definition of duties, responsibilities and compensation by a contract
approved by the Board. The duties of the Executive Director may be delegated by the Executive
Director to subordinate employees or performed through contractual services.
(g) Terms. The Executive Director, Secretary and Treasurer shall serve all offices concurrently with
their respective positions at the Housing Authority, and thereafter until their successor is selected
and qualified, or in the event the Treasurer is retained pursuant to a professional services contract
then for the term of such contract. The appointment of such persons by the Board shall be
evidence that the position of an officer, director, employee, or agent of the Authority is
compatible with those of an officer, employee or agent of any Member.
(h) Additional Employees. The Board may appoint any additional employees or directors of the
Authority as deemed necessary by majority vote of the Board. Such additional employees or
directors may be directors or employees of a Member, or the Board may approve entering into a
contractual agreement for professional services for any function necessary for the Authority to
carry out its purpose.
3.08 Banding Requirements. The employees, directors or persons designated to have charge of, handle, or
have access to any funds or property of the Authority shall be so designated and empowered by the
Board. Each such director, employee or person shall be required to file an official bond with the
Authority in an amount established by the Board. Should the existing bond or bonds of any such officer
or persons be extended to cover the obligations provided herein, said bond shall be the official bond
required herein. The premiums on any such bonds attributable to the coverage required herein shall be
appropriate expenses of the Authority.
3.09 Status of Officers and Employees. All of the privileges and immunities from liability, exemption from
laws, ordinances, and rules, all pension, relief, disability, workmen's compensation, and other benefits
which apply to the activity of Officers, agents,. or employees of the Authority when performing their
respective functions within the territorial limits of a Member shall apply to them to the same degree and
extent while engaged in the performance of any of their functions and duties under the provisions of
this Agreement and Chapter 5 of Title 1 of Division 7 of the California Government Code, commencing
with Section 6500. However, none of the Officers, agents or employees of the Authority shall be
deemed to be employed by any of the Members or to be subject to any of the requirements of such
Members by reason of their employment by the Authority.
1
e2 h
01007.0018/237972.5
IV.
MISCELLANEOUS
4.01 Amendments. This Agreement may only be amended with the approval of all Members; provided,
however, that no amendment may be made which would adversely affect the interests of the owner of
bonds, letters of credit or other financial obligations of the Authority.
4.02 Successors. Unless otherwise more specifically provided herein or in a duly -approved amendment, this
Agreement shall be binding upon and inure to the benefit of any successor of a Member.
4.03 Dissolution. The Authority may be dissolved at any time with the approval of all Members. The Board
of Directors, prior to dissolution, shall provide for the orderly payment of all outstanding debts and
obligations and for the return of any surplus funds, including any Reclamation Funds held for the
benefit of the Members in accordance with the Board action creating the Reclamation Fund.
4.04 Severability. Should any portion, term, condition, or provision of this Agreement be determined in a
final judgment or order of the a court of competent jurisdiction to be illegal, void, unenforceable, or in
conflict with any law of the State of California, this Agreement shall remain in full force and effect and
shall be interpreted insofar as possible to carry out its intent, and the remaining portions, terms,
conditions, and provisions shall not be affected thereby.
4.05 Waivers. All waivers of any term or condition of this Agreement shall be in writing. No waiver of any
term or condition shall be a waiver of any other term or condition or the same term or condition at a
different time.
4.06 Nondiscrimination. There shall be no discrimination by the Authority or any of its Members against
any person on account of race, color, religion, sex, marital status, gender or sexual orientation, national
origin, or ancestry in the performance of its obligations under this Agreement. The Authority shall
comply with the provisions of the Americans With Disabilities Act (42 U.S.C. §12101 of seq.) to the
extent applicable.
4.07 Applicable Law. This agreement shall be governed by and construed under the laws of the State of
California.
4.08 Rights And Remedies Are Cumulative. Except as may be otherwise expressly stated in this
Agreement, the rights and remedies of the Parties states in this Agreement, in the rights and remedies of
the Parties are cumulative, and the exercise by any Party of one or more of its right or remedies shall
not preclude the exercise by it, at the same time or at different items, or any other rights or remedies for
the same default or any other default by another party,
4.09 Counterparts. This Agreement may be executed in one (1) or more counterparts, all of which together
shall constitute a single agreement, and each of which shall be an original for all purposes.
4.10 Recitals. The Recitals preceding the terms of this Agreement are hereby incorporated into the terms by
this reference.
4.11 Execution. The legislative bodies of the Members each have authorized execution of this Agreement,
as evidenced by the respective signatures attested below.
01WT0018n37972.5i L_�17
We hereby enter into the Joint Powers Agreement for formation of the Carson Reclamation Authority, as of the
Effective Date first written above:
Chairman Jim Dear
ATTEST:
By:
Its:
Housing Authority Secretary
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
By
Its:
General Counsel
COMMUNITY FACILITIES DISTRICT
NO. 2012-1 OF THE CITY OF CARSON
(THE BOULEVARDS AT SOUTH BAY —
REMEDIAL SYSTEMS OM&M)
��� "I'll
ATTEST:
By:
Its: District Secretary
01007.0018/'237972.5
Site
Degree and Deseriition oL Contamination
Contaminants
Aereaae
APN# 7336-010-013, generally
Subject of actions by federal and state agencies back
VOCs, methane
157
bounded by the San Diego
to 1996. DTSC has approved Remedial Action Plan.
Freeway, Avalon Blvd., Main
Street and the Torrance lateral
channel. Privately owned, but
may be acquired by a public
agency affiliated with City.
19101-19145 S. Broadway
Based on the information available to DTSC, the Site
VOCs,
2.7
is or may be contaminated with hazardous substances,
hydrocarbons,
including petroleum hydrocarbons, metals, and
metals.
volatile organic compounds.
16914 S. Broadway
DTSC wrapped -up site characterization activities in
ACID
1.6
2003 and begun excavation of 3,600 cubic yards of
SOLUTION 2
impacted soil of elevated levels of heavy metals,
PH WITH
VOCs, SVOCs, PAI -Is and PCBs. The remedial goal
METALS
of unrestricted land use with respect to soil, had been
lead, cadmium
accomplished with the soil removal action.
and others.
Six groundwater monitoring wells were installed and
continue to be monitored. Elevated levels of metals
and VOCs exceeding MCLS persist.
340 E. 192nd Street (Victoria
Additional field work data collected off-site in 2011
VOCs,
275
Golf Course)
for the remedial investigation was completed, and a
methane,
revised draft remedial investigation report was
perchlorate.
submitted in 2011. However, due to ongoing data
discussions regarding groundwater, only the soil and
landfill gas portions of the RI/FS will move forward
at this time. The groundwater will be addressed as
one unit for the entire former BKK Carson Dump,
including the Dominguez Golf Course portion. The
site is on the National Priorities List.
24600 S. Main St.
Concentration of 18 micrograms per liter for PCE at a
Benzene, TCE
I2
15 foot depth. Samples for other constituents show a
concentration of 2.5 micrograms per liter or less, with
most being less than 1. URS, the Shell consultant,
will be conducting soil vapor sampling in the
neighborhood south of Turco. DTSC will ask the
Water Board to share this data.
BTW Del Amo, Torrance, Main
Carson Valley, LLC is current owner. Former
Contaminated
14.5
& Figueroa Street (APN # 7336-
Gardena Landfill. DTSC site cleanup program.
soil and
003-030)
groundwater.
Hazardous
waste.
01007.0018(237972.5