TO: Board of Supervisors
FROM: Jeffrey Brax, County Counsel
REPORT BY: Jeffrey Brax, County Counsel
SUBJECT: Agreement with Kaplan Kirsch Rockwell LLP
RECOMMENDATION
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County Counsel requests approval of and authorization for the Chair to sign an agreement with Kaplan Kirsch Rockwell effective from August 11, 2021 through June 30, 2022, subject to two additional years of automatic renewals at the end of each fiscal year, for a maximum compensation of $73,400 to provide legal advice and litigation services pertaining to the Oat Hill Multi-Family Residential Project proposed in the City of American Canyon.
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EXECUTIVE SUMMARY
Kaplan Kirsch Rockwell (KKR) is a full-service law firm that advises public sector clients on land use, airport development, airport land use consistency, and other legal issues. County Counsel requests a new agreement with Kaplan Kirsch Rockwell to assist County Counsel with legal advice and litigation services related to the Oat Hill Multi-Family Residential Project proposed in the City of American Canyon.
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? |
County Counsel |
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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 land use and airport operations. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future years if necessary. |
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Consequences if not approved: |
Representation in the litigation 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. |
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County Strategic Plan pillar addressed: |
Healthy, Safe, and Welcoming Place to Live, Work, and Visit |
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).
BACKGROUND AND DISCUSSION
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. 190327C on January 25, 2019 with KKR to provide legal services related to operations at the Napa County Airport. County Counsel now wishes to enter into a new agreement with KKR for the provision of legal advice and litigation services related to the Oat Hill Multi-Family Residential Development proposed in the City of American Canyon.
ATTACHMENT
Agreement