PREPARED BY: TERESA L. STRICKER DATE OF MEETING: 8/10/22
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH SHER EDLING LLP TO REPRESENT THE CITY OF SAN PABLO ON A CONTINGENCY FEE BASIS IN LITIGATION OVER PCB CONTAMINATION
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
BODY
COMPLIANCE STATEMENTS
The proposed legal services agreement is consistent with the major policy goals Enhance Community Resilience (specifically, Item 202: Develop and Implement Long-Term Environmental Stewardship Goals; and Item 203: Assess Environmental Impacts Over the Long-Term to Assist Resiliency Planning) and Economic Development and Diversification (specifically, Item 403: Create a Sustainable Economic Ecosystem; and Item 405: New Revenue Enhancements) under the FY 2021-23 Council Adopted Priority Workplan, effective March 15, 2021, as amended September 20, 2021 through Resolution 2021-128.
CEQA Compliance Statement
This action does not constitute a project and therefore does not require CEQA clearance.
BACKGROUND
Polychlorinated Biphenyls (PCBs) are a group of manufactured chemicals that have been determined to have carcinogenic effects on fish, wildlife and humans. Under the National Pollutant Discharge Elimination System (NPDES) Permit issued by the Regional Water Quality Control Board (Water Board), the City of San Pablo is required to remove PCBs from the environment by building infrastructure and implementing policies that remove PCBs from stormwater before it enters the City's storm drain network and subsequently the creeks and the Bay. The City of San Pablo has the potential to recover damages to help offset these costs.
As reported out after closed session on July 5, 2022, the City Council followed the lead of Contra Costa County and a growing number of Bay Area counties and cities by deciding to opt out of the settlement in the nationwide class action...
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