Reso. No. XX-22
RESOLUTION NO . XX-22
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFOR NIA,
AUTHORIZING THE CITY MA NAGER TO EXECUTE A LEG AL SERVICES
AGREEMEN T WITH SHER EDLING LLP TO R EPRESENT THE CITY OF
RICHMOND ON A CONT INGENCY FEE BASIS IN L ITIGATION O VER PCB
CONTAMINATION
WHEREAS, Polychlorinated Biphenyls ( PCBs) are a group of manufactured chemicals that have been determined to have carcinogenic effects on fish, wildlife and humans; and
WHEREAS , under the National P ollutant Discharge El imination Syste m (NPD ES) Permit issue d by the Regional Water Quality Control Board (W ater Board), the City of Richmond is required to remove PCBs from the environment by building inf rastructure and implementing policies that remove PCBs from stor mwater before it enters the Cit y’s stormdrain network and sub sequently the creeks and t he Bay; and WHEREAS, on July 19, 2022, foll owing the lead of Contra Costa County and a growing number of Bay Area counties and cities, the City Council opted out of the settlement in the natio nwide c lass action bro ught against Mo nsanto C ompany, the manufacturer and seller of PCB s; and
WHEREAS, the law firm of Sher Edl ing LLP specializes in repre senting public agencies in en vironmental cases, holding p olluters accountable for the damage they cause, and currently represent s numerous cities and several counties in the Bay Area, including Contra Costa County , in pe nding or co ntemplated PCB litigation ; and WHEREAS, the C ity of Richmo nd wishes to contract with Sher Edl ing LLP o n a contingency basis with the expectation that future recovery will hel p offset the millions of dollars the City will be required to spend to comply wi th the NPDES Permit requir ements related to PCB pollutant removal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the City Manager to execute a legal services agreement with Sher Edling LLP, in the form approved by the City Attorney that is substantially similar to the attached agreement (Attachment 2), to represent the City of Richmond in a contingency fee basis in litigation over PCB contamination; and
BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included here by reference as findings.
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I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held November 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Reso. No. XX-22
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-22, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 15, 2022.
Pamela Christian, Clerk of the City of Richmond