M&C Review


COUNCIL ACTION:  Approved on 6/12/2018 - Resolution No. 4945-06-2018

DATE: 6/12/2018 REFERENCE NO.: **G-19299 LOG NAME: 12KHHCITIZENSSUIT
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Adopt Resolution Authorizing the Employment of Kelly Hart & Hallman Law Firm as Outside Counsel, in an Amount Not to Exceed $85,000.00, to Assist the City in Responding to a Notice of Intent to File Citizen Suit Regarding Alleged Clean Water Act and Resource Conservation and Recovery Act Violations and Related Issues in Connection with Property Located in the Vicinity of the Brennan Avenue Service Center (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council adopt the attached Resolution approving the retention of the law firm of Kelly Hart & Hallman as outside legal counsel to assist and represent the City in matters related to a Notice of Intent to file Citizen Suit by Penna Group, LLC  and any other related legal matters  regarding alleged Clean Water Act and Resource Conservation and Recovery Act Violations and related issues in connection with property located in the vicinity of the Brennan Avenue Service Center.

 
DISCUSSION:

Penna Group, LLC (Penna) issued a draft notice to the City Attorney's office of its intent to file a Citizen Suit under Section 7002(A)(1)(B) of the Resource Conservation and Recovery Act of 1976 ("RCRA"), and under 33 U.S.C. Section 1365(a)(1) of the Clean Water Act ("CWA") for an alleged environmental contamination from property owned by the City in the vicinity of the Brennan Avenue Service Center. The City must respond within 60 days of receiving the actual notice of intent to file suit.  

Due to the extraordinary complexity of this area of the law and the timeliness of the City's response, the City Attorney and the City Manager recommend that the City retain outside legal counsel with extensive knowledge and expertise in environmental law, especially in defending against RCRA and CWA claims.  

Kelly Hart & Hallman Law Firm has experience in environmental law matters.  Chapter VI, Section 3 of the City Charter requires the City Council to approve the retention of any outside legal counsel for assistance to the City Attorney. Accordingly, it is recommended that the City Council adopt the attached Resolution to retain Kelly Hart & Hallman Law Firm to assist City staff and to represent the City in matters related to Penna's Citizen Suit on alleged violations of RCRA and the CWA and any related issues.  

Legal fees are not expected to exceed $85,000.00.   

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that funds are available in the current operating budget, as appropriated of the Environmental Protection Fund.  Prior to an expense being incurred, the Code Compliance Department has the responsibility to validate the availability of funds.  

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
    25005 0234100 5320101           $85,000.00

Submitted for City Manager's Office by:
ALL ACMs (6222)
Originating Department Head:
Sarah Fullenwider (7623)
Additional Information Contact:
Christa Lopez-Reynolds (8984)

 
 
ATTACHMENTS
  12KHCITIZENSSUIT Form 1295.pdf
  KHHresolutioncitizensuit 06-12.doc