TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Sherri Kaiser, Chief Deputy County Counsel
SUBJECT: Amendment No. 3 to Agreement No. 210364B with Renne Public Law Group
RECOMMENDATION
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County Counsel requests the following (4/5 vote required):
1. Approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 210364B with Renne Public Law Group to increase the maximum compensation from $450,000 to $750,000 for fiscal year 2022-2023, after which the maximum compensation will revert to $275,000 per fiscal year, for the provision of legal services related to wage and hour requirements, code enforcement, juvenile dependency appeals, and other matters as agreed; and
2. Approval of a Budget Transfer, increasing appropriations by $450,000 in Legal Services for County Counsel (120000-52140) and decreasing Appropriation for Contingency by $450,000 (1059000-58100).
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EXECUTIVE SUMMARY
The County contracted with the law firm of Renne Public Law Group to provide specialized legal services concerning juvenile dependency appeals effective May 1, 2021; entered into a First Amendment on July 15, 2021 to include litigation services in regard to Katina Davis, et al. v. County of Napa, U.S. District Court Case No.3:21-CV-04603-JCSn and other matters as agreed; and entered into the Second Amendment on February 28, 2023, to include litigation services in Napa County v. Hoopes Family Winery Partners, et al., Napa County Superior Court case no. 22CV001262, and increasing the maximum compensation to $450,000 for fiscal year 2022-2023 only. County Counsel now wishes to increase the maximum compensation to $750,000 for the current fiscal year only. Additionally, County Counsel is requesting approval of a Budget Transfer in the amount of $450,000 from Appropriation for Contingency to fund the ongoing cost of active matters under the contract and other legal expenses.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Renne Public Law Group is available to provide the services requested and has significant expertise in these areas of law. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future fiscal years as needed. |
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Consequences if not approved: |
Renne Public Law Group is already representing the County in the listed matters. If RPLG ceased their representation and County Counsel provided those services, it would appreciably reduce the amount of time available to represent other clients. |
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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 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
The County entered into Agreement No. 210364B with the law firm of Renne Public Law Group (RPLG) to provide specialized legal services concerning juvenile dependency appeals. RPLG also has significant experience in civil litigation and has ably represented the County in three previous lawsuits. The firm has specialized expertise in government, land use, labor, juvenile dependency, and constitutional law. The County now seeks to increase the maximum compensation to $750,000 for Fiscal Year 2022-2023 to fully fund the cost of representation in Napa County v. Hoopes Family Winery, LLC, et al. The existing maximum compensation under the Agreement was increased on February 28, 2023 from $275,000 per fiscal year to $450,000 for Fiscal Year 2022-2023. This Third Amendment would increase the maximum compensation to $750,000 for Fiscal Year 2022-2023 only, which is necessary because the Hoopes matter has been extremely active since Renne Public Law Group assumed representation, and several other ongoing matters are also active. Beginning July 1, 2023, the maximum compensation will revert to $275,000 per fiscal year. County Counsel is requesting approval of a budget transfer in the amount of $450,000 from Appropriation for Contingency to fully fund the cost of these matters and other legal expenses for the remainder of Fiscal Year 2022-2023.