title
Approve a first amendment to the contract with Gatzke Dillon & Balance, LLP for a total contract amount of $174,999 to provide legal services; and Delegate authority to the County Administrator to execute the amendment and any subsequent amendments, with County Counsel concurrence, up to an aggregate of $74,999
body
Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Office of County Counsel recommends that the Board of Supervisors:
1. Approve a first amendment to the contract with Gatzke Dillon & Balance, LLP for a total contract amount of $174,999 to provide legal services; and
2. Delegate authority to the County Administrator to execute the amendment and any subsequent amendments, with County Counsel concurrence, up to an aggregate of $74,999.
SUMMARY/DISCUSSION:
On September 13, 2024, PW Fund B Development, LLC and Buzz Oates Construction, Inc. filed a complaint in Solano County Superior Court challenging the Solano County Airport Land Use Commission’s adoption of an amendment to the Travis Air Force Base Land Use Compatibility Plan (TALUP) that created a new “Low Altitude Maneuvering Zone” (or LAMZ). County Counsel engaged the services of the law firm of Gatzke Dillion & Balance, LLP, a firm with extensive experience with airport land use commissions and airport land use compatibility plans.
Due to the level of work associated with this litigation, it is now necessary to increase the total compensation of the contract by $100,000 for a total contract amount of $174,999.
FINANCIAL IMPACT:
The costs associated with this litigation will be covered by the General Liability Program’s FY2024/25 Working Budget.
ALTERNATIVES:
The Board could choose not to approve this amendment; however, this is not recommended since County Counsel does not have the staff to provide the defense in house at this time.
OTHER AGENCY INVOLVEMENT:
County Counsel is working in conjunction with the Airport Land Use Commission Department of Resource Management to prepare the defense of this matter. The County Administrator’s Office has reviewed this item and concurs with the recommendation.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION