Report to Mayor and City Council
Tuesday, March 17, 2020
Consent
SUBJECT:
Title
CONSIDER APPROVING AMENDMENT NO.5 WITH BURHENN & GEST LLP TO CONTINUE TO PROVIDE LEGAL REPRESENTATION REGARDING REIMBURSEMENT CLAIM FOR UNFUNDED MANDATES AND APPROPRIATE FUNDS FOR THE COST OF THE SERVICES (CITY COUNCIL)
Body
I. SUMMARY
The County of Los Angeles, the City of Carson, and other cities including Bellflower, Commerce, Covina, Downey, and Signal Hill retained the law office of Burhenn & Gest, LLP as Special Counsel to file test claims with the Commission on State Mandates to seek reimbursement from the State of California for obligations imposed under the 2001 National Pollution Discharge Elimination System (NPDES) and the Los Angeles County Municipal Storm Water Permit.
The test claim evolved into a litigation against the mandate and is now before the California Supreme Court. There are two separate unfunded mandate cases that the City of Carson is part of and that Burhenn & Gest is representing. One is an administrative case that dates back to June 23, 2014. The second is an appeal case that is in litigation in the courts.
Staff is requesting the City Council to authorize continued representation by the Special Counsel via the approval of the attached amendment to the agreement (Exhibit No. 1), which also clarifies their scope of work, and the funding and payment of an additional estimated $90,000 to the law firm to complete the case for a new total not-to-exceed amount of $145,500.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. APPROVE continued representation by Burhenn & Gest LLP regarding the claim for state reimbursement for unfunded mandates.
2. AUTHORIZE the Mayor to execute the attached amendment to the professional services agreement with Burhenn & Gest LLP, in a form approved by the City Attorney.
3. AUTHORIZE the increase in the cost of the agreement with Burhenn & Gest LLP by an estimated $90,000, for a new total not-to-exceed a...
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