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Department of Transportation and County Counsel recommending the Board:
1) Make findings in accordance with Chapter 3.13, Section 3.13.030 of the County Ordinance Code, Contracting Out, that there are specialty skills and qualifications not expressly identified in County classifications in the performance of litigation representation for property acquisition matters and eminent domain; and
2) Approve and authorize the Chair to sign retroactive, perpetual Agreement for Legal Services between County of El Dorado and Burke, Williams & Sorensen, LLP for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain, concerning various Capital Improvement Program Projects, beginning June 6, 2022.
FUNDING: For various Capital Improvement Program and Environmental Improvement Program projects, funding will be provided by associated Federal, State, and Local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Accumulative Capital Outlay, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
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DISCUSSION / BACKGROUND
Transportation obtains right-of-way to construct projects listed in the Capital Improvement Program (CIP). In the process of obtaining right-of-way, there may be a need for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain in order to construct the CIP projects.
At the present time, the departments do not have staff with the necessary skills to perform this work as it requires very specialized skill sets that are not available in-house and it is not currently economically feasible to maintain those skill sets with full-time staff. Chapter 3.13 of the El Dorado County Code of Ordinances, Contracting Out, inc...
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