ITEM:

ACTION ITEM

 

12.

CONSIDER APPROVAL OF ADDITIONAL FUNDS FOR LEGAL SERVICES IN SUPPORT OF THE PUBLIC’S ACQUISITION OF THE MONTEREY WATER SYSTEM

 

Meeting Date:

December 16, 2024

Budgeted: 

No

 

 

 

From:

David J. Stoldt,

Program/

N/A

 

General Manager

Line Item:

 

 

 

 

 

Prepared By:

David J. Stoldt

Cost Estimate:

$250,000

 

General Counsel Review:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  This action does not constitute a project as defined by the California Environmental Quality Ac Guidelines section 15378.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY: On December 16, 2019 the District Board authorized $200,000 for Special Counsel Rutan & Tucker to work directly with the General Manager and District Counsel to develop findings and to draft a resolution of public necessity in October 2023.  That same authorization was then used to fund the filing of the eminent domain proceeding in December 2023 and additional legal action related thereto. To date, the District has been invoiced $196,572 of the previous authorization and the latest invoice will exceed the total amount authorized.

 

Estimating the level of legal activity is difficult, but the District is entering a complex and very active part of the bench trial – also referred to as the “Right to Take” trial. It is recommended that an additional authorization of $250,000 for the remainder of the fiscal year be approved. Such amount will be reflected in the pending mid-year budget adjustment.

 

RECOMMENDATION: The General Manager recommends the Board approve entering into a contract amendment with Rutan & Tucker for the remainder of the fiscal year and authorize a total budget of $250,000.

 

EXHIBITS

None

 

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