Title
County Counsel recommending the Board approve and authorize the Chair to execute Agreement 10074 with White Brenner LLP for legal services pertaining to Environmental Impact Report review and California Environmental Quality Act (CEQA) compliance for various specific plan applications being processed by the Planning & Building Department, replacing current Agreement 4089 with Abbott & Kindermann, LLC.
FUNDING: Developer Fees.
Body
DISCUSSION / BACKGROUND
The County currently has an agreement for legal services with Abbott & Kindermann, Inc., to provide legal services to the County related to CEQA compliance for the following proposed specific plan projects: Lime Rock Valley Specific Plan SP12-0001 (Lime Rock Valley, LLC as successor-in-interest to G3 Enterprises, Inc.) and Village of Marble Valley Specific Plan SP12-0003 (Marble Valley Company, LLC) (collectively referred to as the "Specific Plans"). The cost of the Agreement is entirely funded by the Specific Plan applicants pursuant to Funding Agreements requiring the applicants to bear the full cost of these services and provide the County with a deposit to ensure sufficient funding.
Abbott & Kindermann, Inc., will be dissolving and the principal attorney working on the subject matter will be joining the law firm of White Brenner LLP on or about February 2, 2026. Since there is an ongoing need for outside legal assistance related to CEQA compliance for the Specific Plans and in order to provide continuity in the provision of legal advice, it is recommended that the Board enter into this new agreement with White Brenner LLP, replacing current Agreement 4089 with Abbott & Kindermann, LLC. William Abbott, the principal attorney working on the subject matter, is a recognized expert in the field of California land use and environmental law.
ALTERNATIVES
The Board could choose not to approve the Agreement.
PRIOR BOARD ACTION
Legistar file 19-0792 - June 25, 2019 - Approval of Agreement 4089 with Abbott & Kindermann
Legistar file 22-1020 - June 21, 2022 - Approval of Amendment 1 to Agreement 4089, extending the Agreement two years to June 30, 2024
Legistar file 24-0987 - June 25, 2024 - Approval of Amendment 2 to Agreement 4089, extending the Agreement two years to June 30, 2026
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Planning and Building Department
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
No impact to the General Fund. This Agreement is entirely funded via cost reimbursement agreement with the Specific Plan applicants (Lime Rock Valley, LLC, as successor-in-interest to G3 Enterprises, Inc., and Marble Valley Company, LLC.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1. Obtain signatures on two sets of the Agreement.
2. Return one fully executed copy to County Counsel, retaining one original for the Clerk's file.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
David A. Livingston, County Counsel