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Home My WebLink AboutResolution No. 4668 RESOLUTION NO. 4668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENTERING INTO AGREEMENT WITH THE COUNTY OF LOS ANGELES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF DOWNEY IN REGARDS TO THE ENVIRONMENTAL REVIEW FOR GENERAL PLAN AMENDMENT 85 -1 AND SPECIFIC PLAN 85 -1 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: Section 1. Findings. 1. That applications for a General Plan Amendment (GP 85 -1), from Public to Light Industrial, and a Specific Plan (SP 85 -1) were submitted to the City of Downey by the County of Los Angeles to allow development of Parcel A of Rancho Los Amigos with office, business, and light industrial uses. Attached hereto as Exhibit A, and incorporated herein by reference, is an area map depicting the location of Parcel A. 2. That the City of Downey conducted an Initial Study of Environmental Impact and has determined that a Negative Declaration can be approved in accordance with the California Environmental Quality Act for General Plan Amendment 85 -1 and Specific Plan 85 -1. 3. As a condition to approval of the above mentioned Negative Declaration, General Plan Amendment, and Specific Plan, the City requires and the County agrees to indemnify and hold harmless the City, together with its officers and employees from any cost, loss, damage or expense from any litigation based on any alleged failure of the City to comply with the California Environmental Quality Act as described in the attached Agreement which is incorporated herein by reference as Exhibit B. Section 2. Based on the findings stated above, the City Council authorizes the Mayor to sign said Agreement with the County of Los Angeles. PASSED AND ADOPTED THIS 26th day of November , 1985. Mayor ATTEST: /1 C ty C er - -- I HEREBY CERTIFY that the foregoing Resolution was adopted by the Downey City Council at a regular meeting thereof held on the 26th day of November , 1985, by the following vote: AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila NOES: 0 Council Members: ABSENT 0 Council Members City Cler • . Exhibit A • • • 0 • . . i . 47 • 1.2J q 2 x a bll 1 ' U2 3 r. R t O o el I I r * _ � t • • • ` � �• y • t 4 v . ��► .. T ST • .7 , . 4t. 4 , •. • • �, .7 • ' „� 1 G • 4 , , c y • k.c ` .1 Q' 0, 9 S J ( o v • OQ . s. . r • • . Nov 22,8 12 : U 1 BURKE, r LIAMS & SORENSEN{ LA, CA (`.:' Ext 52?} NOV. 22 'es 11:16 MCDONOUGH SACRAMEt4TO CA P•a exhibit B 112285 AGREEMENT THIS AGREEMENT is entered into this day of November, 1985, by and between the COUNTY OF LOS ANGELES ( "County "), a public body corporate and politic organized pursuant to Title 3 of the California Government Code (Sections 23000 et Eta.), and the City of Downey ( "City"), a municipal corporation, with respect to the following facts and circumstances: A. In connection with Specific Plan Application No. SS -1, the City anticipates the approval of an ordinance (the 'Ordinance) adopting a specific plan for certain real property owned by the County in the City of Downey, known as Rancho Los Amigos Parcel A. B. In connection with the adoption of said Ordinance, the City also contemplates adoption of a resolution approving an amendment to the General Plan of the City of Downey (General Plan Amendment No. 85.1). C. Pursuant to the applicable provisions of the California Environmental Quality Act ("CEQA'), the City contemplates approval, by resolution, of a negative declaration finding and determining that the approval of the aforementioned Specific Plan and General Plan Amendment will not have a significant effect on the environment. D. As a condition to adoption of the two resolutions and the Ordinance mentioned above, the City requires that the County agree to indemnify and hold harmless the City, together with its officers and employees, from any coat, lose, damage or expense from any litigation based on any • alleged failure of the City to comply with CEQA in connection with the adoption of said Ordinance and said resolutions. • Nov 2 2 , 85 12:U2 BURKE 1ILLIAMS & SORENSEN{ LA,CA c _ . . 2 ) F;23 -1'9UU Ext 5:29 } F. U4 NOV,22 'e5 11;17 MCDONOUGH SACRAMENTO CA P.03 NOW THEREFORE, the City and the County hereby agree as follows: 1. The County shall indemnify and hold harmless the city, together with its officers and employees, of and from any costs, lose, expenses or damages arising from any action or proceeding ('Action') to attack, review, set aside, void or annul the ordinance, or either or both of the resolutions referred to above, on the basis that the City has improperly determined that the aforementioned acts will not have a significant effect on the environment, or that the City has otherwise failed to comply with the provisions of CEQA in Connection with the approval of the Ordinance and said resolutions. 2. The City hereby irrevocably appoints the County • its attorney -in -fact for the defense of any such Action and authorizes the County, subject to the prior consultation and review of the City Attorney, to take any actions it deems necessary on behalf of the City to prosecute, defend, settle or otherwise dispose of such Action, with or without the further consent of the City, including but not limited to the following: 1. Answer any complaint, including the admission or denial of any facts contained therein/ 2. Assert or waive any defense; 3. Make or respond to any motion; 4. Conduct or respond to any discovery/ • 5. Negotiate and approve the terms and conditions of any settlement; or 6. Actively defend or abandon the defense of such Action. In this connection, the City agrees to cause the appropriate officers of the City to duly and timely execute any documents, including without limitation, any pleading*, briefs, notices, motions, verifications, or other papers or i Ek L 7i'D ; II _ Nov 22, 8c+ 1'2:02 BURKE, iLLIAt1S SOREi35 t1 L�,CA ( "..'12 ) 6'.'2- 1'?UU E:.t 53 # NOV.22 X95 11:19 MCDONOUGH SACRAMENTO CA Pe& I.i documents which the County may request in the conduct of such Action. The obligation of the County to consult with and provide documents for the review of the City Attorney does not imply any right of the City or the City Attorney 4 to" approve any document or other action taken with respect to ouch Action. 3. If the City unreasonably fails or refuses to duly and timely execute any document as aforesaid or unreasonably interferes in any way with the conduct of such Action, this Agreement may be terminated by the County and . thereafter, this Agreement shall be of no further force or effect between the parties. The County shall give the City not less than three (3) days prior written notice of its intent to terminate this Agreement pursuant to this paragraph 3, specifying the manner in which the City has unreasonably failed or refused to execute any document or otherwise unreasonably interfered with the conduct of such Action. During said three (3) day period, the City may cure such failure or refusal or other action, and if cured within said three (3) day period, this Agreement shall not be so terminated. If, during said three (3) day period, the City shall notify the County in writing that it disputes the basis of such termination as set forth in the county's notice to the City, then such dispute shall be submitted to a retired Los Angeles County Superior Court Judge (to be agreed upon by the parties) for determination within ten (10) days or as soon as practicable. Both the City and the County agree to pursue in good faith the earliest possible resolution of any such dispute. The costs of such dispute resolution pcoceedi,nge, plus any costs of defense of the Action incurred after the effective date of any termination shall be borne by'the . losing party. • I 1H j + i �� • ._ ; • P _3_ J. 1 i •thf • r a WHEREFORE, the parties hereto have caused this Agreement to be executed by their respective agents � �osA duly authorized. t�. p � r ,,M,T,•(4,� thereunto ,� ,1�p \c + qt ' ',�� APPROVED: ,`.'•; DeSIITT W. CLINTON, 4 ;- ''J j t i COUNTY OF LOS ANGELES ': •' '` ' ' :; County Counsel M ;- > ,_ ....'; • C FORN� .,..e„..--- ,....- . c.. r .: . . — 4-7,4.014. By: / By: _ 1 Deputy APPROVED: CITY OF DOWNEY £14 B y : By: 4/ C ty • ttorney . OF L'Os �� r' � ATTEST: LARRY J. MONTEILH + C ti ` t� ', . , t CLERK T!- BOA OF SU�' VISORS ,• "': _�.11,t r ' eputy C "iLIFORM" I hereby certify that pursuant to ADOPTED Section 2.5103 of the Government Code, delivery of this document has been made. BOARD OF SUP; ;;VISORS COUNTY OF LOS ANGELES -- LARRY J. MO *�ITI��YI.•SI . Executive Officer g '7 NOV 2 G 1985 Clerk o the Board of S A • ervisors '.' l % t f By' LA'S_ --- _ _ DEPUTY LARRY J. MONTEILH EXECUTIVE OFFICER s CA kN . ,.*.1 . 1 . 0... cst e . , i kow s„i (t4QLO -4- * N �oS Project), . 1 , r • l c •;; . . ' j '' ` i