Item #06
Date: December 6, 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 $120,000 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 $60,000 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. Since entering into the legal retainer and amending the initial budget to $60,000, Ms. Garber has continued in the review and preparation of the settlement proposal and terms, including attending the settlement meetings.
At this time the City is in active settlement negotiations with Caltrans. The estimated cost for special counsel to continue to pursue settlement-related services is approximately an additional $30,000, however if the City proceeds with litigation, an estimated cost of up to $250,000 in fees would be needed to prepare the administrative record, negotiate a briefing and hearing schedule, prepare opening brief and reply to briefs, and attend the hearing. Staff recommends increasing the budget and agreement amount by $60,000 for a total budget of $120,000, which would provide for costs of either settlement or in the case of litigation, preparation of the administrative record and negotiating briefing and hearing schedule. If staff feels additional services will be needed, a separate request for funds would be brought before the City Council at that time.
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 $120,000, staff is recommending authorizing the Finance Director to make a supplemental appropriation of $60,000 to 10-111-5167 (Professional Services – Outside Legal).
Attachment:
1) Copy of Contract Extension