On-Demand: Hear EPA Briefing, Council Colloquy, Marchese Testimony On PCB Pollution, Clean-Up & Legal Issues Re SE LB Open Space/Wetlands Property Council Voted 5-4 To Acquire in August
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(November 19, 2009) -- As a result of an item agendized for public discussion by 5th dist. Councilwoman Gerrie Schipske, LB taxpayers heard independent information from the U.S. Environmental Protection Agency about toxic PCB's leaking from transformers on a piece of privately-owned SE LB open space/presumed wetlands property that Councilmembers voted 5-4 in August to acquire in exchange for developable city industrial land.
EPA photo
The item included a briefing from an EPA on-scene emergency response coordinator (providing history and technical aspects regarding now-ongoing EPA actions) and an EPA lawyer (on whether there could be liability for the City under the transaction).
EPA photo
In the public interest, LBReport.com provides on-demand access to extended parts of that presentation. To access the on-demand audio, click here. ("whoosh" sound used to indicate audio edit).
There was public testimony on the item from Thomas Marchese, a member of the Los Cerritos Wetlands Land Trust board, VP of the University Park Estates Neighborhood Ass'n, who opposes the transaction and has filed paperwork preparatory to an April 2010 election challenge to third district Councilman Gary DeLong (who supports the transaction). To hear Mr. Marchese's testimony, click here.
(Another opponent of the land exchange transaction, Terry Jensen (who opposed Hall's 2008 parcel property tax ballot Measure I which DeLong and Mayor Foster supported) has also initiated paperwork to challenge DeLong in 2010; Mr. Jensen says he is in currently assessing community support for his candidacy).
Mr. Marchese made a public records act request that uncovered emails between city staff and the SE LB property owner which fueled additional criticism of the transaction. Following publication of a number of City Hall emails (first by TheDistrictWeekly.com's Dave Wielenga), the City Attorney's office directed the Council to re-vote a Feb. 2009 action approving the land exchange...telling LBReport.com that certain material facts had not been disclosed to the Council before its Feb. 2009 vote.
The re-voted transaction included a carved-out four acre parcel (north of 2nd St., east of the "In N Out" location on PCH). An August re-vote narrowly authorized city management to proceed with the transaction (Yes: S. Lowenthal, DeLong, O'Donnell, Andrews, Lerch; No: Garcia, Schipske, Reyes Uranga, Gabelich). (The Los Cerritos Wetlands Land Trust and the CA Coastal Commission staff say a coastal development permit is required to create the four-acre parcel; city staff disputes this).
On August 17 (a little less than two and a half weeks after Council approval of the transaction), the EPA informed the City of an enforcement action underway at the Los Cerritos wetlands, including the portion that was part of the land exchange. The City Council wasn't told about this until roughly a month later...via a non-agendized memo dated Sept. 14, senior LB City Management advised Mayor Bob Foster and the City Council of the matter. City management's memo stated in pertinent part: "The status of this ongoing enforcement action and the proposed delay in consummating the exchange has been discussed with the office of the City Attorney, who concurs with the proposed course of action. Staff will continue to monitor this investigation and will provide updated communication to the City Council upon completion of [a clean-up] Workplan."
By this point, the EPA's website already had information publicly available on the agency's actions (first reported by LBReport.com).
The property owner, LCW Partners, LLC, said in a statement via spokesman Mike Murchison, published in full by LBReport.com:
LCW Partners has fully complied with all requests for information from the EPA above and beyond what is required. In addition, we were not notified until May 13, 2009 by the EPA of these minor issues, however, immediately following notification from the EPA, we voluntarily collected samples and provided them to the EPA, who determined that none of the samples were of an actionable level. At the request of the EPA, we have submitted an investigation work plan to resolve any future concerns and that was approved by them on September 2, 2009. It is important to note that at no time during this process or in the future with respect to this investigation would the City be held liable for any EPA mandated action. Furthermore, we anticipate to have this issue and any liability concerns resolved very shortly and hope that this in no way impacts the closing of escrow as this has been a long and complex process for both sides.
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However Councilwoman Schipske expressed concerns about a letter sent by EPA to the City Attorney's office on or about September 17, 2009 -- three days after city management advised the Mayor and Councilmembers about the PCB issue -- which indicated that EPA "may identify a number of environmental concerns at the site that pose a substantial threat of a release of hazardous substances from the Site" and that an "owner (the City) needs to be aware of the condition of his property so that the owner is able to take reasonable steps with respect to any hazardous substance contamination at or on the Site" in order for the City to qualify for "Bona Fide Prospective Purchaser " status that limits liability should the City acquire the property.
That prompted Councilwoman Schipske's to agendize the request for a public briefing by EPA on the matter...which produced the Nov. 17 Council briefing.
EPA photo
A closed session with the City Attorney office is scheduled December 1 to discuss the issues that have arisen.
