TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Wendy Dau, Deputy County Counsel
SUBJECT: Amendment No. 4 to Agreement No. 190327B with Kaplan Kirsch Rockwell
RECOMMENDATION
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Approve and authorize Amendment No. 4 to Agreement No. 190327B with Kaplan Kirsch Rockwell (KKR) to provide legal advice related to land use, airport development, airport land use consistency and other legal issues. (Fiscal Impact: $100,000 Expense; Airport Fund; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
County Counsel is the public officer vested by the State with authority to advise and represent the County and its officers in all legal matters and civil actions. (Gov. Code, §§ 26520, 26526, 26529, 27642.) The Board of Supervisors may employ outside counsel to assist the County Counsel in providing legal advice or litigation services (Gov. Code, §§ 31001, 25203) or where the County Counsel has a conflict of interest (Gov. Code, § 31000.6, subd. (a)) or the County refuses to provide representation. (Gov. Code, § 996.4.)
Napa County entered into Agreement No. 190327B on January 24, 2019 with KKR to provide legal services related to operations at the Napa County Airport. The Agreement is set to expire on June 30, 2024. County Counsel now wishes to enter into Amendment No. 4 to the Agreement with KKR, extending the term to June 30, 2025, with the possibility of two one-year extensions at the end of each fiscal year and decreasing the maximum compensation from $150,000 per fiscal year to $100,000 per fiscal year effective July 1, 2024, for the ongoing provision of legal services related to the Airport.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Airport |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Kaplan Kirsch Rockwell possesses resources and specialized expertise in the area of airport operations. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Funds are included in the Airport’s requested FY24-25 budget. Funds will be appropriated in future years, if necessary. |
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Consequences if not approved: |
Representation would be provided by County Counsel. The County and the Board would not receive the benefit of specialized legal services and advice from outside counsel. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by CEQA Guidelines section 15378; therefore the proposed action is not subject to CEQA pursuant to CEQA Guidelines
section 15060(c)(3).