HomeMy WebLinkAboutMINUTES - 05091989 - 1.49 n'V . $A
TO BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra,
By: Sharon L. Anderson, Deputy County Counsel.
DATE: Costa
May 9, 1989 ��o /
SUBJECT; Special Counsel, Eminent Domain Litigation
(John D. Rogers)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Agreement with John D. Rogers
to extend its term through completion of assigned cases and to
remove payment limit.
2. Authorize the Board Chair to sign Amendment No. 1 on
behalf of the County.
FINANCIAL IMPACT:
Varies with services rendered in assigned cases . Payments
under this contract are charged to the pertinent project account.
REASONS FOR RECOMMENDATION/BACKGROUND:
On October 26, 1987, the County entered into a contract for
legal services with John D. Rogers. Due to an imminent trial
date in an eminent domain action (C.C.C. v. American Savings &
Loan Assn. , et al. , Superior Court No. 289139) , the contract was
signed by the Purchasing Agent and a payment limit of $25,000.00,
the Purchasing Agent's maximum authority, was imposed. The total
amount of fees charged by Mr. Rogers for handling the case was
$26,546 . 12, $1,546 . 12 over the payment limit. The term of the
contract expired December 31, 1988 . It is probable that the
County will refer other eminent domain actions to Mr. Rogers .
This amendment eliminates the payment limit, increases Mr. Rogers
fee from $125 . 00 to $150 . 00 per hour for new cases, and extends
the term through completion of all assigned eminent domain cases .
SLA:da
CONTINUED ON ATTACHMENT: YES SIGNATU E
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF ARD COMMITTEE
APPROVE OTHER
SIGNATURE a :
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Counsel ATTESTED _
MAY 9 1989
John D. Rogers , Esq. PHIL BATCHELOR, CLERK OF THE BOARD OF
(via County Counsel ) SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
County Administrator yJ,�G������%��,�
Public Works Department BY [� ,DEPUTY
Attn: Paul Gavey