HomeMy WebLinkAbout08 - CC-7 - Attachment 1 - 4/7/2015633 W. 5ch Street, Suite 1700
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March 31, 2015
Via Electronic and U.S. Mail
Thomas R. Hatch, Chief Executive Officer
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Re: Budget Addendum for Fairview Park
Dear Mr. Hatch:
ATTACHMENT 1
Dawn A. McIntosh
Attorney at Law
dmcintosh@rneyersnave.com
On December 6, 2013, you retained our firm to provide legal services to assist
with the U.S. Fish and Wildlife Service ("USFWS") investigation regarding alleged
impacts to one or more vernal pools at Fairview Park and related issues involving
endangered species and other environmental concerns and issues at the Park. To date
we have assisted the City in its cooperation with the USFWS in all aspects of the
investigation, including interfacing with USFWS enforcement special agents, their
interviews of City staff, and document productions. We have also assisted the City
with its restoration efforts at the Park, including coordination with USFWS lead
biologist, Chris Medak, and retention of a consultant, Tony Bomkamp of Glenn
Lukas Associates, to conduct the necessary investigation and restoration efforts
required by the USFWS.
During the next phase of this effort, we will continue to work with Mr.
Bomkamp, City staff and USFWS lead biologist Medak to address the environmental
and regulatory issues at Fairview Park, including development of a restoration plan
which addresses impacts to vernal pools near Estancia High School and the Waldorf
School, investigation of potentially sensitive habitats elsewhere in the Park and an
overall management plan for the Park that protects sensitive habitats while allowing
recreational uses in appropriate areas. We will also assist USFWS special agents as
necessary as they conclude their investigation.
A PROFESSIONAL LAW CORPORATION OAKLAND LDS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA SAN DIEGO
Thomas R. Hatch, Chief Executive Officer
March 31, 2015
Page 2
In order to complete the work at Fairview Park, we will need the City to approve
an addendum to the budget approved in December 2013. 1 have set forth below a
description of the anticipated tasks and time estimates for the next phase of this effort:
Work with consultant, City staff and USFWS lead biologist 40 hours
Medak to develop restoration and long-term management plan
for Fairview Park
2. Negotiate, draft and finalize legal documents necessary to 50 hours
obtain any required regulatory permits and/or authorizations
Email communications, telephonic and in person meetings with 4 hours
USF WS enforcement special agents Newcomer and Dean
4. Email communications, telephonic and in person meetings with 20 hours
the U.S. Attorney assigned to this matter
Total estimate for fees*
$38,190
As noted in the original engagement letter of December 2013, I will be the primary
person handling these Fairview Park issues and I will draw on other attorneys and/or
paralegals with the necessary skill sets as needed. Our hourly rates and all other terms of
the original December 2013 engagement letter, attached as Attachment 1, shall remain the
same as set forth therein.
Very truly yours,
DAWN A. MCINTOSH -,R-
Enclosure: Attachment 1 — December 4, 2013 Engagement Letter
cc: Billing Department
Conflicts Department
*These estimated fees will be reduced if fewer regulatory permits and authorizations
are needed.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA SAN DIEGO
Thomas R. Hatch, Chief Executive Officer
March 31, 2015
Page 3
These terms are accepted and are agreed to as of the date of this letter.
CITY OF COSTA MESA
LOW
Mayor Stephen Mensinger
Dated
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
Dated
APPROVED AS TO FORM:
C
Brenda Green, City Clerk
Dated
2420349.1
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN ERANCISCO SANTA ROSA SAN DIEGO