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Central Park Gazebo

CITY COUNCIL ITEM NO. 8


Meeting Date: April 23, 2002

Subject/Title: Approve additional funds to Sellar, Hazard, Mc Neely, Alm & Manning for legal services on the Wastewater Treatment Plant violations

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager

RECOMMENDATION 

Staff recommends authorizing the City Manager to execute a contract change order to increase legal fees to contest penalties imposed on the City for its Wastewater Treatment Plant disposal alleged violations by the State Water Quality Control Board.

PREVIOUS ACTION

City Council previously authorized hiring a law firm that specializes in defending public entities from allegations that the entity violated water quality standards. In this case, the City was alleged to have violated water quality standards as a result of low levels of dissolved oxygen flowing from the City’s Wastewater Treatment Plan into Marsh Creek, violating the City’s Wastewater Treatment Plant disposal permit from the State Water Quality Control Board.

The City’s complaint and brief opposing the imposition of these penalties have been filed by Sellar, Hazard, McNeely, Alm & Manning with the Alameda County Superior Court. The vast majority of the legal work has been completed and now requires authorizing an additional $7,500 to complete the expected legal work. 

BACKGROUND

The City has previously authorized $50,000 to oppose the imposition of the State Water Control Board penalties, consisting of approximately $250,000 in penalties. The additional authorization shall complete the legal work to oppose these penalties.