HomeMy WebLinkAbout11/21/2000, C4 - AMENDMENT NO. 3 TO CONTRACT FOR LEGAL SERVICES RELATIVE TO HEARINGS FOR THE CITY'S WATER RIGHTS PERMIT AT SALINAS RESERVOIR dDa
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C I T Y OF SAN LUIS O B I S P O
FROM: John Moss, Utilities Director�61
Prepared By: Gary Henderson, Water Division Manager G�
SUBJECT: AMENDMENT NO. 3 TO CONTRACT FOR LEGAL SERVICES
RELATIVE TO HEARINGS FOR THE CITY'S WATER RIGHTS
PERMIT AT SALINAS RESERVOIR
CAO RECOMMENDATION
Approve the amendment to the contract with Hatch and Parent for legal services relative to
hearings for the City's water rights permit for an additional amount of $50,000 for a total
compensation not to exceed $150,000.
DISCUSSION
The City has a contract with the law firm of Hatch and Parent to provide legal services relative to
the City's water rights permit for Salinas Reservoir. The State Water Resources Control Board
hearing relative to the permit was completed in October of 1999. Significant work was necessary
following the formal hearing, which included closing briefs and rebuttals to the other parties
closing briefs.
In late August of 2000, the State Water Resources Control Board issued a draft order for review
by the parties to the hearing. A Board workshop was scheduled for September 21, 2000 to
provide an opportunity for discussions and revisions to the draft order. Due to the comments
raised by the City of Paso Robles and the California Sportsfishing Protection Alliance relative to
the draft order conditions, additional legal assistance was required above previous anticipated
work scope. The unanticipated work included: preparation and attendance at the Board
workshop, presentation of the City's case to the Council, assistance with development of
mitigation monitoring and reporting plans, and other related project issues. These issues led to
additional costs which were not included in the existing contract with Hatch and Parent.
Significant additional costs were also incurred due to Condition #1 of the order that required the
City of San Luis Obispo to file the Notice of Determination (N.O.D.) for the Salinas Reservoir
Expansion Project within 25 days of the adoption of the final Board Order. This condition
placed a very short time frame for the City to accomplish the additional work necessary to
approve the project and file the N.O.D. On November 9, 2000, the Council approved the project,
made findings (including Statement of Overriding Considerations), adopted the Mitigation
Monitoring and Reporting Plan and directed staff to file the N.O.D. Legal services were required
for review of the documents and to ensure that the City meets the requirements of the California
Environmental Quality Act.
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Council Agenda Report—Salinas Reservoir Water Rights Expenses
Page 2
FISCAL IMPACT
The original contract plus amendment 1 & 2 provide funding up to $100,000. An additional
$50,000 will cover expenses to date as well as some minor additional costs if necessary for
additional services. Staff recommends that the $50,000 be appropriated from the $568,900
available budget remaining for the Salinas project studies in the 2000-01 budget.
ATTACHMENT
Amendment No. 3 to Agreement for Legal Services between the City
of San Luis Obispo and Hatch and Parent
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AMENDMENT NO. 3
AGREEMENT FOR LEGAL SERVICES
BETWEEN CITY OF SAN LUIS OBISPO
AND HATCH AND PARENT
THIS AMENDMENT NO. 3, made in duplicate and entered into this day of
November, 2000,. by and between the City of San Luis Obispo (herein referred to as City) and
Hatch and Parent(herein referred to as Counsel),provides for changes to the Agreement for Legal
Services dated September 1, 1999,as follows:
WITNESSETH:
WHEREAS,Counsel was retained to provide legal representation at the hearings before the
State Water Resources Control Board relative to the Salinas Reservoir Expansion Project and the
City's water rights permit;
WHEREAS, the scope of work associated with preparation for the hearings and
participation in the proceedings increased significantly from original estimates;
WHEREAS,additional work was necessary relative to preparation of the findings and other
CEQA related items;
NOW, THEREFORE,in consideration of their mutual covenants the parties hereto agree as
follows:
1. Compensation Cap. The compensation cap in Amendment No. 2 (dated April 4, 2000)
to the original contract (dated September 1, 1999) shall be changed to increase the
maximum compensation by$50,000 for a total compensation of$150,000.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the
year and date first written above.
CITY OF SAN LUIS OBISPO
By:
Allen Settle
Mayor
ATTEST:
Lee Price,City Clerk
1
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COUNSEL
APPROVED AS TO FORM-. Attorneys at Law
'� -- BY
Jef_ ey G. Jorgensen
City Attomey
i
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