To: Board of Supervisors
From: Air Quality Management District
Meeting Date: December 5, 2017
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Department Contact: |
Barbara Moed |
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463-4354 |
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Department Contact: |
Donna Roberts Nash |
Phone: |
463-4354 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 10 Minutes |
Agenda Title:
title
Discussion and Possible Approval of Retroactive Amendment to Legal Services Agreement Number 17-022 with Derek Cole for the Term of May 16, 2017, through June 30, 2018, Increasing the Amount of the Agreement by $50,000 for a New Total of $100,000 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 Approval of Transfer of Funds from the District’s Budget Unit 0327 Fund Balance in the Amount of $50,000 to Budget Unit 0327, Object Code 862183, to Cover Unanticipated Expenses Related to the Amendment to the Agreement
(Sponsor: Air Quality Management District)
End
Recommended Action/Motion:
recommendation
Approve retroactive Amendment of Legal Services Agreement No. 17-022 with Derek Cole for the term of May 16, 2017, through June 30, 2018, increasing the amount of the Agreement by $50,000 for a new total of $100,000 for legal representation of matters related to the appeal of permits issued by the District, in addition to other legal actions related to enforcement; approve transfer of funds from the District’s budget unit 0327, fund balance in the amount of $50,000 to budget unit 0327, object code 862183, to cover unanticipated expenses related to the amendment to the Agreement; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
May 16, 2017 - Approval of Legal Services Agreement #17-022 in the amount of $50,000 with attorney Derek Cole as outside legal counsel to represent the District in legal matters.
Summary of Request:
On May 16, 2017, the Air Quality Management District Board approved a legal services agreement in the amount of $50,000 with attorney Derek Cole as outside legal counsel to represent the District in legal matters related to the appeal of permits issued by the District and other legal actions related to enforcement. The District is requesting to increase the amount of the agreement by $50,000 for a total of $100,000 so that Mr. Cole may continue to represent the District as lead counsel on the following cases currently 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.
The District is also requesting authorization for the Transfer of Funds from the District’s Fund Balance to its Legal Fees Account (BU-0327-862183) in the amount of $50,000 to cover the cost of the Amendment to the Agreement; thereby increasing the total Legal Fees allocation to $90,000 for fiscal year 2017/18. Fees for other legal services provided to the District by County Counsel and the District’s Hearing Board Attorney will be paid by the District utilizing funds previously allocated in the District’s 2017/18 budget for Legal Fees.
The District has adequate funds in its Fund Balance to cover the appropriation request, as shown on Attachment 2-Request for Appropriation, Cancellation or Revision of Funds. The appropriation will have no impact on the County’s General Fund.
District staff are aware that due to a mistake in the payment processing system an invoice was paid that caused the current Agreement with Mr. Cole to be exceeded by $5,795.74. District staff has taken steps to ensure that this will not happen again.
Alternative Action/Motion:
Do not approve the Retroactive Amendment to the Legal Services Agreement as proposed and do not approve the Air Quality Management District’s request for appropriation and transfer of funds.
Supplemental Information Available Online at:
Fiscal Impact:
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Source of Funding: BU 0327 - AQMD |
Budgeted in Current F/Y: No |
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Current F/Y Cost: $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: Chamise Cubbison, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Nadia Tipton |
Final Status:Approved |
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Date: December 6, 2017 |
Executed Item No.: Agreement Number: 17-022-A1 |
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Note to Department: |
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Executed Documents Returned to Department: Originals ___4__ Copies _____ Hand Delivered ___ Interoffice Mail _x__ Executed Agreement Sent to Auditor? Y Appropriation form to: |
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