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
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.
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.
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.