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REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />May 22, 2017 <br />SUBJECT <br />Approval of Settlement Agreement and Release to Resolve Clean Water Act Claims by <br />California River Watch <br /> <br />RECOMMENDATION <br />By motion, approve settlement as memorialized in the Settlement Agreement and <br />Mutual Release of Claims and authorize the City Manager to execute the Settlement <br />Agreement <br /> <br />BACKGROUND <br />On July 22, 2016, California River Watch served the City with a Notice of Intent to Sue, <br />alleging that the City was violating the Clean Water Act based on a series of sanitation <br />sewer overflows reported by the City. There are no admissions of liability by the City. <br />However, the parties have reached a settlement. <br /> <br />ANALYSIS <br />The City Attorney’s office recommends approval of the settlement as delineated in the <br />Settlement Agreement and Mutual Release of Claims. <br /> <br />ALTERNATIVES <br />Council could elect not to approve the settlement. <br /> <br />FISCAL IMPACT <br />The settlement proceeds will be withdrawn from the City’s Sewer Enterprise Fund, <br />Account Number 688-65152-50. <br /> <br />ENVIRONMENTAL REVIEW <br />This activity is not a project under CEQA as defined in the CEQA Guidelines, section <br />15378, because it has no potential for resulting in either a direct or foreseeable physical <br />change in the environment. <br /> <br />MARY ELEONOR IGNACIO <br />ASSISTANT CITY ATTORNEY <br /> <br />6.1.I. - Page 1