Item #05
Date: January 4, 2022
To: Mayor and City Council
From: Jim Schaad, City Manager
Subject: Contract Amendment for Ellen Garber Consulting Recommendation:
Pass a Motion to 1) approve a not to exceed amount of $60,000 for the legal retainer with Ellen Garber of Shute, Mihaly & Weinberger LLP for legal services to assist the City with existing litigation with the California Department of Transportation and 2) authorize the Finance Director to make a supplemental appropriation of $15,000 to 10-111-5167 (Professional Services – Outside Legal).
Discussion & Analysis:
The City entered a legal retainer with Ellen Garber an attorney with Shute, Mihaly & Weinberger LLP on December 17, 2020. The purpose of the retainer is for legal services to assist in commenting on Final EIR/EA for the State Route 70 Binney Junction Roadway Rehabilitation and Complete Streets Project (“Project”) and representation in litigation challenging the Project. The direction to proceed was done in closed session along with the direction to not exceed $30,000 for these special legal services without coming back to the City Council for further discussion.
Since entering into the legal retainer and amending the initial budget to $45,000, Ms. Garber has continued in the review and preparation of the settlement proposal and terms, including attending the settlement meetings. To date the cost of these services has approximately been $43,000.
At this time staff is in active settlement negotiations with Caltrans. The estimated cost for special counsel to continue to pursue settlement-related services is approximately an additional $15,000 for a total budget of $60,000. If staff still feels services will be needed past March of 2022, an additional request for funds may be brought before the City Council if the suit is successfully settled, and a settlement agreement dismissal would need to be drafted.
Alignment with City Council Goal(s):
This Agenda item does not directly align with current Council Goals.
Fiscal Analysis:
With the new not to exceed amount of $60,000, staff is recommending authorizing the Finance Director to make a supplemental appropriation of $15,000 to 10-111-5167 (Professional Services – Outside Legal).