The City of Hollister, San Benito County and the county water
district have agreed to a settlement regarding a lawsuit concerning
the construction of the city’s emergency sewer ponds.
The City of Hollister, San Benito County and the county water district have agreed to a settlement regarding a lawsuit concerning the construction of the city’s emergency sewer ponds.
In the stipulated agreement, signed by Superior Court Judge Steve Sanders on Friday, city officials agreed that unless there was an emergency they would not fill or use the emergency ponds until they completed additional environmental reviews, according to the agreement.
Hollister officials also agreed to involve and consult with county and water district officials in the environmental review process for both the interim project and the long term wastewater management plan.
The agreement gives each agency portions of what the parties wanted.
“The city’s main concern is getting the emergency ponds in before the rainy season, and it looks like we’re going to be able to accomplish that,” City Attorney Elaine Cass said.
San Benito County Counsel Karen Forcum echoed Cass’ sense of relief to move past the legal proceedings.
“We feel that it’s a good result and that it’s important that we resolve this amicably,” Forcum said.
The lawsuit centered around the county and the water district’s assertion that the city was violating the California Environmental Quality Act by building seasonal storage ponds without a thorough environmental review. However, city officials said they needed to build the sewer ponds in the event of a strong El Nino this winter.
Sanders essential split the issue down the middle, allowing for the construction of the ponds in case there was a sudden need for their use. But he also called for the initiation of an environmental review in case the ponds pose an environmental threat.
Both city and county officials were pleased with the decision.
“I’m very happy to hear that and I know that the Council wants to work harmoniously with the county and the water district,” Mayor Brian Conroy said. “And I hope we can move forward in a more positive manner.”
Conroy said he it was essential city and county officials learn to work together to resolve problems that affect residents throughout the region.
“This is not just a city problem, it’s a regional problem,” he said.
Vice-mayor Tony Bruscia echoed Conroy’s relief at seeing the project get moving again.
“I’m really glad that we could find some common ground that we could all agree on and move forward,” Bruscia said.
Several county officials said they did not want to go to court and had hoped that the dispute could be worked out without lawyers.
“It’s a good thing that there was a settlement because when you can avoid going to court, then every body wins,” Supervisor Rita Bowling said.
Bowling said she hoped all three agencies learn from this experience.
“I wasn’t happy with the lawsuit. I don’t think one government body should be suing another,” she said.
