CC RES 2017-057 RESOLUTION NO. 2017-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, APPROVING A STIPULATED
PROPOSED CONSENT DECREE SETTLEMENT BETWEEN THE CITY
AND CALIFORNIA RIVER WATCH
WHEREAS, the City of Rancho Palos Verdes ("the City"), owns a collection system for
the purpose of collecting and conveying for treatment wastewater, subject to various federal and
state regulatory requirements under the federal Water Pollution Control Act, 33 U.S.C. §§1251
et seq. ("Clean Water Act" or"CWA"); and
WHEREAS, on October 7, 2016, California River Watch ("RW") served the City, the
United States Environmental Protection Agency, Region IX, the Executive Director of the State
Water Resources Control Board and the Executive Director of the Los Angeles Regional Water
Quality Control Board with a 60-day Notice of alleged Violations and Intent to File Suit ("Notice
Letter") alleging various violations of the CWA relating to the collection system; and
WHEREAS, on August 1, 2017, RW filed a complaint against the City in the United
States District Court, Central District of California, Eastern Division (Civil Case No. 5:17-cv-
01534) entitled, California River Watch v. City of Rancho Palos Verdes; and
WHEREAS, the City denies all of RW's allegations that it is liable for any claims that
were, or could have been asserted against the City based upon the Notice Letter; and
WHEREAS, the Parties now wish to resolve and settle all disputes, obligations, and
purported or actual claims or causes of action, which may exist by and between RW and the
City, including without limitation any disputes, obligations, claims and/or causes of action that
were or could have been asserted in or pursuant to the Notice Letter; and
WHEREAS, the City and RW have now negotiated a resolution to this dispute and the
terms resolving this dispute have been included in the Proposed Consent Decree presented to
the City Council and attached hereto as Exhibit "A"; and
WHEREAS, under the Proposed Consent Decree, the City will pay Fifty Thousand
dollars ($50,000) to RW. Of this amount, Forty Three Thousand Four Hundred, Thirty One
Dollars and Seventy Seven Cents ($43,431.77) would be paid by the City's insurance carrier,
and Six-Thousand, Five Hundred, Sixty Eight Dollars and Twenty Three Cents ($6,568.23)
would be paid by the City. The payment will constitute full and complete satisfaction of all costs
of litigation and attorneys' fees incurred by RW that have or could have been claimed in
connection with this matter up to and including the effective date of the Proposed Consent
Decree, and for RW's expert and attorneys' fees and costs for monitoring and enforcing the
City's compliance with the ongoing obligations under the Proposed Consent Decree; and
WHEREAS, the terms of the Proposed Consent Decree also include specified record-
keeping, inspection and/or maintenance efforts described therein; and
WHEREAS, the Proposed Consent Decree would not become effective until fully
executed by both parties and approved by the Court with notice to the parties of such approval;
and
01203.0029/409838.1 Resolution No.2017-57
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NOW, THEREFORE, the CITY COUNCIL of the CITY of RANCHO PALOS VERDES,
CALIFORNIA, does hereby resolve as follows:
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The City Council hereby approves the Proposed Consent Decree
between the City and California River Watch regarding alleged Clean Water Act violations
related to the City's collection system, attached hereto as Exhibit "A".
Section 3. The Proposed Consent Decree is categorically exempt from the California
Environmental Quality Act (CEQA, Public Resources Code Section 2100, et seq.) pursuant to
Sections 15307 and 15308 of the CEQA Guidelines; the action assures the maintenance,
restoration, enhancement, or protection of a natural resource and protection of the environment.
Section 4. The City Clerk shall certify to the passage, approval, and adoption of this
Resolution, and shall cause this Resolution and her certification to be entered in the Book of
Resolutions of the City Council.
PASSED, APPROVED, AND ADOPTED this 3rd day of October 2017.
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/ r2i e;,.
►!'ayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2017-57, was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on October 3, 2017.
Cb(A°
City Clerk
01203.0029/409838.1 Resolution No.2017-57
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