I. The PDC contract violates CEQA, Californiaâs environmental law.
The new EIR must be completed first. Final design is not necessary to do the EIR. In fact, Caltrans and the Federal Highway Administration both prohibit final design of projects before environmental review is complete .
Read the letter from our attorneys, Shute, Mihaly & Weinberger.

II. The City Attorneyâs office has determined that the PDC contract constitutes a violation of 1090, the stateâs conflict of interest law.
Sections 1090 of the California Government Code prohibits public officials, including consultants, from participating in the making of any contract in which they have a financial interest. The City Attorneyâs office has found that when they were hired to do the old EIR, PDC was supposed to evaluate all alternatives equally. However, at the same time they were promised a contract to design whatever alternative was selected. Hence, it was in their interest to steer the City toward selection of the Regents Road bridge project, which would involve the most lucrative follow-up contract for PDC. The City Attorneyâs office has written three memos to the Mayor and City Council on this 1090 violation: April 4, July 24, and Oct. 12.
Read the City Attorneyâs memos on the 1090 violation, which includes emails by PDC and by city staff.

PDCâs Celebratory Email the night of August 1, 2006 after the City Council vote to certify the EIR and implement the Regents Road bridge project.
This email shows how deeply involved PDC and their sub-consultants were in promoting the selection of the alternative that would bring them the biggest follow-up contract. Gordon Lutes was PDCâs project manager. He mentions the significant role that contractors played in getting the City Council to approve the bridge project: Andy Schlaefli (traffic consultant), Keith Merkel (biology consultant), Bruce McIntyre (PDC), and Theresa McAteer. McAteer is an attorney PDC hired as a subcontractor without City Council approval. Note that Theresa was ãa key player behind the scenesä as she and Bruce wrote the findings.
Read PDCâs Celebratory Email.