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Home My WebLink AboutMINUTES - 12202005 - C.115 TO: BOARD OF SUPERVISORS "CORRECTED, COPY" Contra FROM: Silvano B. Marchesi, County Counsel % . Costa By: Sharon L.Anderson, Chief Assistant County Counsel County DATE: December 20,2005 SUBJECT: Special Counsel, Eminent Domain Litigation (Greenan, Peffer,Sallander&Lally) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE County Counsel or designee to execute, on behalf of Contra Costa County, an agreement for professional legal services with Greenan, Peffer, Sallander & Lally in connection with assigned condemnation and real property matters. FISCAL IMPACT Varies with services rendered in assigned cases. Payments under this contract are charged to the pertinent project account services at a rate of$235 per hour for partners and $200 per hour for associates, with future increases subject to prior written approval by County Counsel. BACKGROUND/REASONS FOR RECOMMENDATIONS The Public Works Department is involved in various projects in the County which require the acquisition of real property. Kevin Lally, a partner in the law firm of Greenan, Peffer, Sallander & Lally, is associated with County Counsel as co-counsel in a number of eminent domain actions for the County, and for the State Route 4 Bypass Authority, a joint powers authority of which the County is a member. The name of Mr. Lally's firm has changed and his rates have changed since a contract was last approved. The last rate increase was approved in 1999. The new rates will take effect on January 1, 2006. A new contract is required if we are to continue to utilize Mr. Lally's services. The Public Works Department recommends, and County Counsel concurs, that the services of Mr. Lally be retained. The term of this contract extends through the completion of all assigned eminent domain actions. CONTINUED ON ATTACHMENT: YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURE(S): � � nn -- ��v, ,/ ACTION OF BOARD ON /�((Q�i�A^//ytil o�� y`�' 1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE AND %UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AND ENTERED AYES: NOES: N THE MINUTES OF THE BOARD OF SUPERVISORS ABSENT: ABSTAIN: ON THE DATE SHOWN. Contact Sharon Anderson 335-1800 ATTESTED �L.�ht,✓l�-fit � _ �Df cc: County Counsel JOHN SWEETEN, CLERK Or THE BOARD Kevin Lally, Esq. OF SUPERVISORS AND COUNTY (Via County Counsel) ADMINISTRATOR Auditor-Controller County Administrator BY DEPUTY Public Works Department Attn: Karen Laws, Principal Real Property Agent K:UOANN'slaVally board order.wpd Office of the Clerk of the Board of Supervisors CONTRA COSTA COUNTY 651 Pine Street, Room 106 Martinez, CA 94553 Phone: 925.335.1900 Fax: 925.335. 1913 NOTICE OF CORRECTION TO RECORD Board Agenda Item No.: C.115 Date: ✓ hew"14 t2W Please note that the following correction was made to the record for this item: There was a typographical error; in said Board Order; Kindly note two numbers were transposed in the fiscal impactlsection of the Board Order. ,5 PLEASE DESTROY ,- � �� ANY PREVIOUS COPIES 00 � � Tgz OF THIS RECORD ar� � a' , pAND REPLACE THEM � gay�zl 4' � °$' WITH THE ATTACHED �,��, Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: January 5, 2006 To: Jane Pennington, Chief Depu4CIerk a and From: Silvano B. Marchesi, CountyBy: Sharon L. Anderson, Chit County Counsel Re: Special Counsel, Eminent Domain Litigation (Greenan, Peffer, Sallander & Lally) Please issue a corrected Board Order for the attached item approved by the Board on December 20, 2005. Iwo numbers were transposed in the Fiscal Impact section of the Board Order. We have discussed the issue with Julie Enea and have determined that a corrected Board Order is the appropriate method of correcting this typographical error. Please call if you have any.questions (5-1815). S S LA/j h attachment cc: Julie Enea, Senior Deputy, Administration (w/encl.) KAJOANNWMmemo to J Pennington re tally corrected bd order.wpd TO: BOARD OF SUPERVISORS _ Contra FROM: Silvano B. Marches!, County Counsel t1�- Costa By: Sharon L. Anderson, Chief Assistant County Counsel County DATE: December 20, 2005 SUBJECT: Special Counsel, Eminent Domain Litigation (Greenan, Peffer, Sallander& Lally) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE County Counsel or designee to execute, on behalf of Contra Costa County, an agreement for professional legal services with Greenan, Peffer, Sallander& Lally in connection with assigned condemnation and real property matters. FISCAL IMPACT Varies with services rendered in assigned cases. Payments under this contract are charged to the pertinent project account services at a rate of$325 per hour for partners and $200 per hour for associates, with future increases subject to prior written approval by County Counsel. BACKGROUND/REASONS FOR RECOMMENDATIONS The Public Works Department is involved in various projects in the County which require the acquisition of real property. Kevin Lally, a partner in the law firm of Greenan, Peffer, Sallander & Lally, is associated with County Counsel as co-counsel in a number of eminent domain actions for the County, and for the State Route 4 Bypass Authority, a joint powers authority of which the County is a member. The name of Mr. Lally's firm has changed and his rates have changed since a contract was last approved. The last rate increase was approved in 1999. The new rates will take effect on January 1, 2006. A new contract is required if we are to continue to utilize Mr. Lally's services. The Public Works Department recommends, and County Counsel concurs, that the services of Mr. Lally be retained. The term of this contract extends through the completion of all assigned eminent domain actions. CONTINUED ON ATTACHMENT: YES SIGNA U L,-RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �--APPROVE __ _OTHER SIGNATURE (S): I ACTION OF BOA010 COt �f APPROVED AS RECOMMENDED O HER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT_))-10K.Q CORRECT COPY OF AN ACTION TAKEN AND ENTERED AYES: NOES: IN THE MINUTES OF THE BOARD OF SUPERVISORS ABSENT: ABSTAIN: ON THE DATE SHOWN. Contact Sharon Anderson 335-1800 l � ATTESTED JU-e m Amt � .J 00 cc: County Counsel JOHN SWEETEN, CLERK OF THE BOARD Kevin Lally, Esq. OF SUPERVISORS AND COUNTY (Via County Counsel) ADMINISTRATOR Auditor-Controller County Administrator BY e� Q , DEPUTY Public Works Department Attn: Karen Laws, Principal Real Property Agent K:UOANNIslaVelly board order.wpd