The words "one case (related to Oroville Spillway incident)." seems to indicate a specific situation. Looking up CA law for the designated codes doesn't reveal any further insights (specific circumstance) other than either a decision to litigate or deciding to initiate litigation.
California Law: = = = = = = =
California Code, Government Code - GOV § 54956.9
(d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:
(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.
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http://codes.findlaw.com/ca/government-code/gov-sect-54956-9.html
Oroville Dam: DWR wants to reconstruct more of damaged spillway this season
By Risa Johnson, Chico Enterprise Record |
PUBLISHED: July 13, 2017 at 6:51 am | UPDATED: July 13, 2017 at 6:56 am
Oroville – The state Department of Water Resources has filed a request with the Federal Energy Commission to demolish and reconstruct an additional 240 feet of the main Oroville Dam spillway upper chute this season.
The purpose of the change is to ensure the reconstruction can be complete in two seasons, per a recent FERC filing. Kiewit, the contractor, said demolition “must commence as soon as possible” to stay on schedule, according to the letter.
Erin Mellon with the California Natural Resources Agency said DWR expects to be granted permission in the next several days. Kiewit signed on to the project when design plans were incomplete and the department continues to make changes because of new information from the Board of Consultants, Kiewit and other entities, she said.
The independent forensic review team has yet to release its final findings of what caused the spillway to collapse in the first place. Its report is expected to be released in the fall.
snip
Other cities, counties file $22 million in spillway crisis claims - yet "carrot" of $1B of benefits promised in relicensing
Oroville City council is seeking $1 million in damages from the spillway incident (road damage, etc). Article notes that other communities are filing claims totaling to $22M.
Mayor Linda Dahlmeier has "eyes" on the $1B in benefits that are promised when Oroville Dam is granted relicensing by FERC - doesn't want the licensing to be delayed. $$
(note: not sure if these "claims" are tied to the city council item of "litigation" - may be a separate issue).
= = Article clips: (emphasis mine)
City attorney Scott Huber said the city filed a claim last week with the state for about $1 million. That includes losses immediately following the spillway incident and ongoing costs, like damage to city roads, he said after the meeting. Other downstream communities recently filed claims as well, including Yuba City, Marysville, Live Oak and Yuba and Sutter counties, as reported by the Appeal-Democrat.
“At every opportunity we have, we’re raising the safety of the dam as an issue,” Huber said.
As to why the city sees the state as liable to cover the costs, the city says in its claim, the state and DWR “failed to properly construct, inspect, repair, operate, and manage the facilities.”
. .
Vice Mayor Janet Goodson suggested including a request to delay relicensing of the dam under the management of DWR, echoing a letter just released from Rep. Doug LaMalfa, R-Richvale. All councilors present said they wished to delay the relicensing, at least until the independent forensic team investigating what caused the spillway to collapse releases its final report this fall.
. .
Mayor Linda Dahlmeier was the most vocal about going forward with the relicensing as soon as possible following release of the forensic report. She said Oroville would be the only community that would suffer if the license were not to be issued.
“When that license gets issued, that starts the clock on what DWR has to provide for this community, and that is $1 billion in recreation and environmental upgrades to this community,” Dahlmeier said. “If we ask for a delay, this will be put off.”
= = end Clip More at link:
http://www.orovillemr.com/article/NB/20170711/NEWS/170719931
= = Appeal Democrat news:
Cities, counties file $22M in spillway crisis claims
It's still too early to know just how significant an impact the February evacuation and Oroville Dam spillway incident had on Yuba and Sutter counties. So far, estimates put damages and losses around $22 million for local municipalities, and that number will continue to grow as county officials lock down estimates.
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