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Northern California River Watch v. Oakland Maritime Support Services, Inc.

United States District Court, N.D. California

February 10, 2014

NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation; TEAMSTERS LOCAL 70, a labor organization; and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY, a non-profit organization, Plaintiffs,
v.
OAKLAND MARITIME SUPPORT SERVICES, INC., a corporation; WILLIAM ABOUDI, an individual; and JORGE GONZALEZ RIVERA d.b.a. CHRISTIAN BROTHERS TRUCK SERVICES, an individual; REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, a local public agency, and CITY OF OAKLAND, a municipality; Defendants.

Michael R. Lozeau (State Bar No. 142893), Richard T. Drury (State Bar No. 163559), Douglas J. Chermak (State Bar No. 233382), LOZEAU DRURY LLP, Oakland, CA, Attorneys for Plaintiffs, NORTHERN CALIFORNIA RIVER WATCH, TEAMSTERS LOCAL 70, and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY.

MEREDITH E. BROWN, Attorney for Defendants, OAKLAND MARITIME SUPPORT SERVICES, INC. and WILLIAM ABOUDI.

ROBERT DOTY, Attorney for Defendants, CITY OF OAKLAND and REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND.

STIPULATION FOR APPROVAL OF SETTLEMENT AGREEMENT; [PROPOSED] ORDER

CLAUDIA WILKEN, Chief District Judge.

STIPULATION

WHEREAS, Plaintiffs Northern California River Watch, Teamsters Local 70 and East Bay Alliance For A Sustainable Economy and Defendants Oakland Maritime Support Services, Inc., William Aboudi, Oakland Redevelopment Successor Agency, and the City of Oakland (collectively "Parties), through their authorized representatives and without either adjudication of Plaintiffs' claims or admission by Defendants of any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations of Plaintiffs as set forth in the Complaint filed in this action, thereby avoiding the costs and uncertainties of further litigation. A copy of the Settlement Agreement entered into by the Parties is attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, as required by 33 U.S.C. § 1365(c)(3), Plaintiffs submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. Environmental Protection Agency and the U.S. Department of Justice for review pursuant to 40 C.F.R. § 135.5, and, on February 3, 2014, the Department of Justice filed a letter with the Court indicating that the United States had no objection to the Court's entry of the Consent Agreement;

WHEREAS, the Parties agree that, in light of the United States not objecting to the Settlement Agreement, this stipulation fulfills the parties' obligation pursuant to Paragraph 3 of the Settlement Agreement to jointly move the Court for approval of the Agreement;

NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed, by and between the Parties that the Court be requested to issue an order approving the Settlement Agreement attached hereto as Exhibit A.

ORDER

WHEREAS, Plaintiffs Northern California River Watch, Teamsters Local 70 and East Bay Alliance For A Sustainable Economy and Defendants Oakland Maritime Support Services, Inc., William Aboudi, Oakland Redevelopment Successor Agency, and the City of Oakland, collectively referred to herein as "Parties, " have entered into the Settlement Agreement attached hereto as Exhibit A;

WHEREAS, the Parties have consented to approval of the foregoing Settlement Agreement and request the Court's approval and entry thereof;

WHEREAS, on February 3, 2014, the United States Attorney General and the Administrator of the United States Environmental Protection Agency filed correspondence with the Court indicating that the United States has reviewed the Settlement Agreement and does not object to its entry by this Court;

WHEREAS, the Court has reviewed the Settlement Agreement, and fully considered all comments received thereon to date from the Parties hereto, the United States Attorney General said the United States Environmental Protection Agency;

WHEREAS, the Court has fully considered the Parties' request to approve this Settlement Agreement;

WHEREAS, the Court finds the Settlement Agreement to be: (1) fair, adequate and reasonable; (2) consistent with applicable laws; and (3) protective of the public interest; and

WHEREAS, good cause appearing therefor, this Settlement Agreement is hereby approved.

IT IS SO ORDERED.

EXHIBIT A

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

This Settlement Agreement and Release of Claims ("Agreement") is entered into by and between Northern California River Watch, Teamsters Local 70, Last Day Alliance For A Sustainable Economy, Oakland Maritime Support Services, Inc., William Aboudi, the Oakland Redevelopment Successor Agency, on behalf of Defendant Redevelopment Agency of the City of Oakland, and the City of Oakland (each a "Party" and collectively, the "Settling Parties") with respect to the following facts and objectives:

RECITALS

WHEREAS, Northern California River Watch ("NCRW") is a 501(c)(3) non-profit, public benefit corporation organized under the laws of the State of California, dedicated TO the protection, enhancement, and restoration of San Francisco Bay and other California waters;

WHEREAS, Teamsters Local 70 ("Teamsters") is a labor organization based in Oakland, California that advocates for the health and well-being of workers throughout the East Bay, including members who live, work and recreate in and around the Port of Oakland area;

WHEREAS, East Bay Alliance For A Sustainable Economy ("E-BASE") is a nonpartisan, non-profit organization advocating on behalf of workers and their families in the East Bay in order to make their communities vibrant and healthy places to live, work and play;

WHEREAS, Oakland Maritime Support Services, Inc. ("OMSS") is a corporation organized under the laws of the State of California that operated a transportation support services facility located at 11 Burma Road in Oakland, California (the "Facility"), a portion of which is subject to State Water Resources Control Hoard Water Quality Order No. 97-03-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (hereinafter, the "General Permit"). A map of the Facility is attached hereto as Exhibit A and incorporated by reference;

WHEREAS, William Aboudi is the president and sole shareholder of Oakland Maritime Support Services, Inc. and had day-to-day responsibility for management of the Facility;

WHEREAS, the Redevelopment Agency of the City of Oakland ("Redevelopment Agency") was a public body, corporate and politic, created pursuant to the California Community Redevelopment Law; was the owner of the real property on which the Facility was located at the time the alleged violations in the 60-day Notice Letters (as defined below) were occurring; but effective February 1, 2012, ceased to exist, by operation of statute, and had its non-housing assets and liabilities transferred, by statute, to the Oakland Redevelopment Successor Agency ("ORSA");

WHEREAS, the City of Oakland ("City") is a municipal corporation organized by charter; was originally a defendant in this action; was dismissed without prejudice by stipulation; is now the owner of the real property on which the Facility was located; and received as of late August, 2013, confirmation from the California Department of Finance and/or the State Controller's Office that its ownership of that real property will not be disputed by those state agencies;

WHEREAS, Jorge Gonzalez Rivera d.b.a. Christian Brothers Truck Services ("Christian Brothers") is an individual engaged in truck repair and maintenance services at the Facility;

WHEREAS, on or about August 8, 2007, OMSS subleased an area of its site to Christian Brothers for a truck maintenance operation;

WHEREAS, on or about February 17, 2010, NCRW provided OMSS, William Aboudi, and a number of OMSS subtenants with a Notice of Violation and Intent to File Suit ("60-Day Notice Letter") under Section 505 of the Federal Water Pollution Control Act (the "Act" or "Clean Water Act"), 33 U.S.C. § 1365:

WHEREAS; on August 31, 2010, NCRW filed its Complaint in the United States District Court for the Northern District of California against OMSS, William Aboudi, and Christian Brothers (Northern California River Watch v. Oakland Maritime Support Services, Inc., et al, Case No. 4:10-cv-3912 CW-JSC);

WHEREAS, on or about September 2, 2010, NCRW, Teamsters and E-BASE (collectively "Plaintiffs") provided OMSS, William Aboudi, Christian Brothers, Redevelopment Agency, the City, the City's Community and Economic Development Agency, and others with an additional Notice of ...


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