South Coast Air Quality Management District

Appropriate $175,000 from the Undesignated Fund Balance and Amend Litigation Services Contracts

SYNOPSIS: 

This action is to appropriate $175,000 from the Undesignated Fund Balance and authorize the Executive Officer to amend the contract with the law firm Shute, Mihaly & Weinberger for an additional amount up to $85,000 and with the law firm Best, Best & Krieger for an additional amount up to $90,000, for FY 2000-01.

COMMITTEE: 

Administrative, February 9, 2001, Recommended for Approval

RECOMMENDED ACTION:

1. Appropriate $175,000 from the Undesignated Fund Balance to the Services and Supplies Major Object, Professional and Special Services account;
   
   
2. Authorize the Executive Officer to amend existing contracts for legal services with Shute, Mihaly & Weinberger by increasing the contract amount up to $85,000 and with Best, Best & Krieger by increasing the contract amount up to $90,000, for FY 2000-01.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

AQMD has existing contracts with the law firms of Shute, Mihaly & Weinberger and Best, Best & Krieger to provide legal services in the areas of the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation.

Currently, the firms represent AQMD in litigation matters including the CENCO litigation brought by Communities for a Better Environment and the Fleet Rules litigation brought by the Engine Manufacturers' Association. Additionally, Best, Best & Krieger is advising District Counsel on specialized legal issues regarding the Adopt-A-School Bus Foundation and specialized contracting involving development of an on-site natural gas fueling station. Shute, Mihaly & Weinberger is representing the District on two cases challenging the most recent amendment to the architectural coatings rules as well as advising District Counsel on various environmental matters as they arise.

In October of 1999 the Board approved three-year contracts with these two firms, authorizing the Executive Officer to make annual expenditures up to $160,000 on approval of the Board Chairman, for a three-year total of up to $480,000. Funds for the current fiscal year have been expended ahead of schedule due to unanticipated costs involving the CENCO litigation, the Fleet Rules lawsuit brought by the Engine Manufacturers' Association, the Adopt-A-School Bus Foundation, and litigation over attorneys' fees in the lawsuit involving the 1994 SIP. It is expected that expenses on these matters, and the other matters handled by Shute, Mihaly & Weinberger and Best, Best & Krieger, will require an additional amount up to $175,000 in the current fiscal year. To fund these increases, it will be necessary to appropriate $175,000 from the Undesignated Fund Balance.

Proposal

It is proposed that the Board appropriate $175,000 from the Undesignated Fund Balance to the Services and Supplies Major Object, Professional and Special Services account. It is further proposed that the Board authorize the Executive Officer to amend existing contracts for legal services with Shute, Mihaly & Weinberger by increasing the contract amount up to $85,000 and with Best, Best & Krieger by increasing the contract amount up to $90,000, for FY 2000-01.

Fiscal Impacts

Funds for this request are available due to savings from cost-cutting measures during FY 1999-2000.

Attachments

None

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