File #: WRAA 17-019    Name: Downey Brand Litigation Svc-Interlake Tunnel
Type: WR Agreement Status: Agenda Ready
File created: 3/8/2017 In control: Water Resources Agency Board of Directors
On agenda: 3/20/2017 Final action:
Title: Recommend that the Monterey County Water Resources Agency Board of Supervisors: a) Approve the Agreement for Specialized Litigation Attorney Services, relating to the Inter-Lake Tunnel and San Antonio Spillway Modification Project in the amount of $250,000; b) Authorize expenditures of up to the initial budget of the Agreement in the amount of 250,000, to be reimbursed by the Department of Water Resources Project Grant; and b) Authorize the County Counsel to execute the Agreement.
Attachments: 1. Board Report, 2. Agreement, 3. Board Order
Title
Recommend that the Monterey County Water Resources Agency Board of Supervisors:
a) Approve the Agreement for Specialized Litigation Attorney Services, relating to the Inter-Lake Tunnel and San Antonio Spillway Modification Project in the amount of $250,000;
b) Authorize expenditures of up to the initial budget of the Agreement in the amount of 250,000, to be reimbursed by the Department of Water Resources Project Grant; and
b) Authorize the County Counsel to execute the Agreement.
Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Directors recommend that the Agency Board of Supervisors:

a) Approve the Agreement for Specialized Litigation Attorney Services, relating to the Inter-Lake Tunnel and San Antonio Spillway Modification Project in the amount of $250,000;
b) Authorize expenditures of up to the initial budget of the Agreement in the amount of 250,000, to be reimbursed by the Department of Water Resources Project Grant; and
b) Authorize the County Counsel to execute the Agreement.

SUMMARY/DISCUSSION:

In December of 2014 the Board of Supervisors (Supervisors) authorized staff to proceed with work on the proposed Interlake Tunnel Project ("Project") and authorized the County to reimburse the Agency $3,000,000. The County and the Agency subsequently entered into a series of Reimbursement and Funding Agreements (Reimbursement Agreements) whereby the County would reimburse the Agency for certain preparatory expenses on condition that the Agency repay the County if the Project ultimately received Prop 218 funding to do so. The Project was later modified to include a modification to the San Antonio dam spillway.

The Governor signed into law Senate Bill No. 831 (Stats. 2016, ch. 338) to provide a $10 million grant (State Grant Funds) for the Project on September13, 2016. On February 16, 2017, the Agency and the State Department of Water Resources (DWR) entered into a multi-year agreement for the St...

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