ITEM: |
ACTION ITEM |
||||
|
|||||
1. |
Consider Approval of Engagement Letter with
Shute, Mihaly & Weinberger LLP for Representing the District in Cal-Am v.
MPWMD; Monterey Superior Court Case No. 20CV003201 |
||||
|
|||||
Meeting Date: |
December 23, 2020 |
Budgeted: |
|
||
|
|||||
From: |
David J. Stoldt, General Manager |
Program/ |
|
||
|
|
Line Item No.: |
|
||
|
|||||
Prepared By: |
David J. Stoldt |
Cost Estimate: |
|
||
|
|||||
General Counsel Approval: N/A |
|||||
Committee Recommendation: None |
|||||
CEQA
Compliance: This action does not
constitute a project as defined by the California Environmental Quality Act
Guidelines Section 15378. |
|||||
SUMMARY: On
November 25, 2020 California -American Water Company (Cal-Am) filed a petition
for writ of mandate with the Monterey County Superior Court requesting that the
Court issue a writ of mandate under Code of Civil Procedure section 1085, or
alternatively section 1094.5, directing the District to vacate and set aside
its approval of Resolution 2020-17 Certifying the Monterey Peninsula Water
Management District Potential Acquisition of Monterey Water System and District
Boundary Adjustment EIR.
To defend its position, the District seeks to hire the firm of Shute,
Mihaly, & Weinberger LLP, a firm with significant experience with the
California Environmental Quality Act (CEQA).
RECOMMENDATION: The
Board should review and approve the engagement letter with Shute, Mihaly, &
Weinberger LLP
EXHIBIT
1-A Shute, Mihaly, & Weinberger LLP Engagement Letter
U:\staff\Boardpacket\2020\20201223\01\Item-1.docx