San Bernardino header
File #: 4381   
Type: Consent Status: Passed
File created: 6/15/2021 Department: County Counsel
On agenda: 6/22/2021 Final action: 6/22/2021
Subject: Consent to Concurrent Representation
Attachments: 1. Item #40 Executed BAI
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION

June 22, 2021

FROM
MICHELLE D. BLAKEMORE, County Counsel

SUBJECT
Title
Consent to Concurrent Representation
End

RECOMMENDATION(S)
Recommendation
1. Approve a consent to concurrent representation arising out of the representation of BNSF Railway Company by Meyers Nave with respect to compliance with local, state and federal environmental laws and regulations potentially affecting BNSF operations and property and rail infrastructure throughout San Bernardino County.
2. Authorize the County Counsel or Chief Assistant County Counsel to execute the consent to concurrent representation.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies.

FINANCIAL IMPACT
Approval of the consent to concurrent representation item will not impact County discretionary funding.

BACKGROUND INFORMATION
The County of San Bernardino and San Bernardino County Flood Control District (collectively, the "County") intend to utilize the services of Meyers Nave as special counsel with respect to the Renewal of a Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit (NPDES Matter) and environmental and natural resources law services, including, but not limited to, the systemwide maintenance permit project, the First Line of Defense basin maintenance permit, the implementation agreement for the Upper Santa Ana River Wash Plan Habitat Conservation Plan administrative actions and civil actions (and the threat of same), and such other matters as may be assigned (Environmental Matters).

Meyers Nave currently represents BNSF Railway Company (BNSF) in connection with several land use and related environmental matters in California. Meyers Nave cu...

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