CITY OF POMONA
COUNCIL REPORT
April 15, 2024
To: Honorable Mayor and Members of the City Council
From: Anita Gutierrez, Acting City Manager
Submitted By: Chris Diggs, Water Resources Director
SUBJECT: APPROVE AN AGREEMENT WITH SL ENVIRONMENTAL LAW GROUP, P.C.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve entering into an agreement with SL Environmental Law Group, P.C. to represent the City in a 1,2,3-Trichloropropane products liability case; and Authorize the City Manager, or designee, to execute the agreement on behalf of the City and any subsequent documents or amendments, subject to approval as to form by the City Attorney.
EXECUTIVE SUMMARY:
The recommended action will approve entering into the attached agreement with SL Environmental Law Group, P.C. (SL Environmental) to litigate on behalf of the City for a 1,2,3-TCP products liability case.
FISCAL IMPACT:
No Fiscal Impact at this time. This case is being handled on a “contingency fee” basis where the City does not pay attorney fees upfront, but rather SL Environmental will only be paid when there is a recovery of damages from the defendant.
DISCUSSION:
As a result of routine testing, the City identified the presence of 1,2,3-TCP in its Well 34. As a result, Well 34 has been removed from service until treatment can be installed. To assist the City in funding treatment, staff is seeking approval of an agreement with SL Environmental to represent the City in litigation with the known manufacture of a chemical that contained 1,2,3-TCP. SL Environmental is an experienced legal firm specializing in environmental litigation. The recommended action would allow SL Environmental to represent the City in said litigation. Staff has worked with SL Environmental and the City Attorney in drafting the attached agreement. At this juncture, staff is seeking approval to enter into the attached agreement.
ATTACHMENT:
Attachment No. 1- Agreement with SL Environmental
Approve agreement with SL Environmental Law Group, P.C.