Land Swap Has Problems -- Still

Quietly, a memo was put in my in box from City management informing council that it has been discovered that the Orange County District Attorney filed a complaint with the Environmental Protection Agency (EPA) regarding the discharge of mineral oil possibly containing Polychlorinated Biphenyls (PCBs) from transformers formerly located within the Los Cerritos Wetlands property currently owned by LCW Partners, LLC.

Wait, this wasn't done recently. This was done in 2008 and the owners of the "wetlands" property never disclosed this during negotiations. It wook a call from the EPA on August 17, 2009.

The EPA has required the owners to submit a PCB Assessment Workplan because there are two sites known with PCBs and ten other sites needing assessment.

So here's what being recommended by city staff: "...prudence suggests that the city should not consummate the exchange and enter the chain of title while this enforcement action continues, and thereby be identified as a Potentially Responsible Party under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

You think?

How about requring staff to complete due diligence to see if there are other hazards and liabilities lurking out there before the deal is done?

I for one am asking the City Attorney to hold a closed session so we can "confer" with our negotiators on this mess, I mean real estate transaction. I am also asking the City Auditor, Laura Doud to look at this issue from the standpoint of financial liability.