COUNCIL AGENDA: 12-17-2024
FILE: 24-2378
ITEM: 2.32
2168322_2
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Nora Frimann
City Attorney
SUBJECT:
SETTLEMENT OF CLAIM BY
CALIFORNIA RIVER WATCH
DATE: December 11, 2024
RECOMMENDATION
Approve the settlement of California River Watch’s 60-day Notice of Intent to Sue for certain affirmative relief and attorney’s fees and costs and authorize the City Attorney to execute a settlement agreement.
OUTCOME
Settlement of the allegations in California River Watch’s (River Watch) 60-day Notice of Intent to Sue (Notice) for affirmative relief and attorney’s fees and costs avoids litigation, caps the exposure to penalties and fees, and reduces administrative burden.
BACKGROUND
River Watch served the City of San José (City) with a 60-day Notice of Intent to Sue (Notice) alleging various violations of the Federal Clean Water Act arising out of the ownership and operation of the San José-Santa Clara Regional Wastewater Facility and the City’s collection system. The Notice alleges that the City’s sanitary sewer lines overflowed resulting in discharges to local creeks and the San Francisco Bay. The Notice also claims the City improperly reported sanitary overflows or failed to secure areas where the overflows occurred. The City denies allegations in the Notice and further asserts that the operation and management of its wastewater collection system meets all Clean Water Act requirements and all permit conditions.
ANALYSIS
This is a negotiated settlement between the parties to avoid a lawsuit and inherent risk in litigation. Under the proposed settlement, the City does not admit that any violation occurred, and agrees to take actions related to the sanitary sewer system, including repair sanitary sewer lines, train employees regarding overflows, post notices, and report on chemical root control and unsheltered homeless in the waterways. In addition
HONORABLE MAYOR AND CITY COUNCIL
December 11, 2024
Subject: Settlement of Claim by California River Watch
2168322_2
to this affirmative relief, the City agrees to pay $60,000.00 as a negotiated settlement of River Watch’s attorney’s fees and costs.
PUBLIC OUTREACH/INTEREST
This memorandum has been posted on the City’s website for the December 17, 2024 agenda.
COST SUMMARY
The monetary settlement will be paid from sanitary sewer fees collected in the Sewer Service and Use Charge Fund.
COORDINATION
This settlement has been coordinated with the Public Works and the Environmental Services departments, the Department of Transportation, and the City Manager’s Budget Office.
BUDGET REFERENCE
The table below identifies the fund and appropriation adjustments necessary to pay the settlement recommended in this memorandum.
Fund
No.
Appn
No.
Appropriation.
Name
Total
Appropriation
Rec.
Budget
Action
2024- 2024
Adopted
Operating Page
Last
Budget
Action
(Date, Ord.
No.)
541 2445 Major Litigation
Costs $1,500,000 $60,000 1017 06/18/2024,
31102
CEQA
Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
/s/ Nora Frimann
NORA FRIMANN
City Attorney
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900