June 25, 2024
City Attorney's Office
DATE: June 25, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Lina Velasco, Director of Community Development
Subject:
Legal Services Agreement with Burke, Williams &
Sorensen, LLP, to provide legal services related to the Chevron Refinery Wet Gas Scrubber Project.
FINANCIAL IMPACT: This contract will be for a total amount not to exceed $500,000 (15061219-400206).
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City Attorney’s Office requests approval of a legal
services agreement in an amount not to exceed
$500,000, with term ending June 30, 2026, with Burke,
Williams & Sorensen, LLP to advise the City regarding
CEQA and land use legal issues for the Chevron
Refinery Wet Gas Scrubber Project.
RECOMMENDED ACTION:
APPROVE a legal services agreement with Burke,
Williams & Sorensen, LLP for $500,000, to provide legal services related to California Environmental Quality Act (CEQA) and land use for the Chevron Refinery Wet Gas
Scrubber Project, with a term initiating June 25, 2024, ending on June 30, 2026 – City Attorney’s Office
(Shannon Moore 510-620-6505/Lina Velasco 510-620-
6841).
AGENDA
REPORT
June 25, 2024
DISCUSSION:
The City Attorney’s Office is requesting that the City enter into a legal services agreement with the law firm of Burke, Williams & Sorensen, LLP (“Burke”) to advise the City and specifically the Community Development Department regarding California Environmental Quality Act (CEQA) and land use legal issues related to Chevron’s application to install a wet gas scrubber.
The proposed wet gas scrubber is an emission control device that would be added to the fluidized catalytic cracking (FCC) units to reduce particulate matter emissions in the City.
The City will be the CEQA lead agency for the project that other responsible agencies, such as Bay Area Air Quality Management District (BAAQMD), will need to rely on. With this additional legal support, it ensures that the City can coordinate the CEQA analysis appropriately (See Attachment 3).
The City Attorney’s Office selected Burke from its list of pre-qualified law firms. Stephen Velyvis, a partner at Burke, will serve as the lead attorney for this project. His deep CEQA expertise and experience with Bay Area Air Quality Management District (BAAQMD) and his background representing both project opponents and applicants make him a strong fit for the project. A link to Mr. Velyvis’ professional biography can be found here: Land Use Law and Environmental Attorney California - Stephen Velyvis | Burke, Williams & Sorensen, LLP (bwslaw.com)
The rates for Burke are as follows:
Attorney(s) Roles Hourly Rate
Partner (Stephen Velyvis) $425
Partner $400
Associates (4+ years) $365
Associate (1-3 years) $335
Paralegals $180
Chevron will reimburse the City for all fees and costs incurred in connection with this project’s review, including legal services fees (See Attachment 2).
As such, the City Attorney’s Office is requesting that the City enter into a legal services agreement with Burke for a total contract amount of $500,000, for a contract term of June 25, 2024, to June 30, 2026 (See Attachment 1).
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Burke, Williams & Sorensen, LLP (proposed)
Attachment 2 – Reimbursement Agreement
Attachment 3 – Wet Gas Scrubber Project Description