To: Board of Supervisors
From: Air Quality Management District
Meeting Date: May 16, 2017
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Department Contact: |
Barbara Moed |
Phone: |
463-4354 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Approval of Agreement with Derek Cole for an Amount Not to Exceed $50,000 for Legal Representation of Matters Related to the Appeal of Permits Issued by the District, in Addition to other Legal Actions Related to Enforcement
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Recommended Action/Motion:
recommendation
Approve Agreement with Derek Cole in an amount not to exceed $50,000 for legal representation of matters related to the appeal of permits issued by the District, in addition to other legal actions related to enforcement; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On May 17, 2016, the Air Quality Management District (“AQMD”) Board approved a legal services contract with Terry N. Gross as outside legal counsel to represent the District in legal matters related to the appeal of permits issued by the District, in addition to other legal actions related to enforcement matters.
Summary of Request:
AQMD is requesting to contract with attorney Derek Cole, who has particular expertise in the area of litigation. Due to an economic conflict of interest in January 2017, Deputy County Counsel Michael Makdisi substituted in as lead counsel on the following cases in litigation: Grist Creek Aggregates, LLC v. Mendocino County Air Quality Management District, SCUK-CVPT-15-66620; People of the State of California, et al. v. Grist Creek Aggregates, LLC, SCUK-CVG-67314; Friends of Outlook Creek v. Mendocino County Air Quality Management District, SCUK-CVG-16-67449; and Friends of Outlook Creek v. Mendocino County Air Quality Management District, A148508. On May 1, 2017, Deputy Makdisi was reassigned to code enforcement. AQMD is in need of immediate representation on the above listed cases.
Alternative Action/Motion:
Do not approve the request.
Supplemental Information Available Online at:
AS
Fiscal Impact:
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Source of Funding: BU 0327 - AQMD |
Budgeted in Current F/Y: Yes |
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Current F/Y Cost: Up to $50,000 |
Annual Recurring Cost: N/A |
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Supervisorial District: All |
Vote Requirement: Majority |
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Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Alan D. Flora, Assistant CEO |
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CEO Review: Yes |
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Comments: