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CONSENT CALENDAR |
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3. |
CONSIDER APPROVAL
OF CONTRACT WITH SHUTE, MIHALY & WEINBERGER LLP FOR STRATEGIC CEQA LEGAL
SERVICES |
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Meeting Date: |
July 20, 2020 |
Budgeted: |
N/A |
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From: |
David J. Stoldt |
Program/ |
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General Manager |
Line Item No.: |
N/A |
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Prepared By: |
David J. Stoldt |
Cost Estimate: |
Not to exceed
$25,000 |
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General Counsel Approval: N/A |
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Committee Recommendation: At its July 14, 2020 meeting Administrative Committee voted 3-0 to approve. |
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CEQA
Compliance: Not a project under CEQA. |
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SUMMARY: During its closed session on June 15, 2020 the Board directed
staff to, among other things and regarding potential litigation, investigate
the Districts options related to lack of certification by Monterey One Water
of the Final Supplemental Environmental Impact Report (FSEIR) for the potential
expansion of the Pure Water Monterey project.
Potential financial implications were discussed at that time.
The
General Manager has used his contracting authority and financial authorization
limit to secure the services of Shute, Mihaly & Weinberger LLP in order to
advance such work in a timely fashion. The
engagement letter is attached as Exhibit 3-A. The General Manager and District Counsel have
met with the firms attorney team twice and communicated via email several
additional times and believe that exceptional legal counsel and good direction
is being provided.
This
agenda item is intended to certify the budgetary impacts of the General
Managers prior decision and to add a contingency of $10,000 if, in the opinion
of District Counsel, additional work up to the budget limit is warranted. Future actions beyond this budget would be
brought in a separate request if deemed needed.
RECOMMENDATION: The Board should consider a recommendation of
the Administrative Committee to ratify the engagement of Shute, Mihaly &
Weinberger LLP by the General Manager, and authorize up to an additional
$10,000 if, in the opinion of District Counsel, additional work up to a $25,000
limit is warranted.
EXHIBIT
3-A Engagement Letter with Shute, Mihaly &
Weinberger LLP
U:\staff\Boardpacket\2020\20200720\ConsentCalendar\03\Item-3.docx