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Agenda Item
ASR
Control 12-001797 |
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MEETING DATE: |
01/15/13 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Counsel
(Approved) |
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Department contact
person(s): |
Thomas Miller 834-6019 |
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Subject: Selection of Land Use Counsel-El Toro
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
N/A |
Consent Calendar |
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4/5 Vote |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A |
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Funding Source: N/A |
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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1. |
Select the law firm of McKenna, Long & Aldridge LLP, as the primary provider of advisory and litigation services to provide land use, environmental law, and planning related legal services related to County property at the former Marine Corps Air Station El Toro. |
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2. |
Authorize County Counsel to execute the standard agreement for legal services with the selected firm. |
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3. |
Authorize County Counsel to execute a conflict of interest waiver with the selected law firm to represent the Newport Dunes RV Park and Marina and Paradies-OC, LLC, and require McKenna, Long & Aldridge LLP, as a requirement of their legal service contract to set up an ethical wall with respect to representation of Paradies-OC, LLC. Alternatively, select the law firm of Gatzke, Dillon & Balance, LLP, as the primary provider of advisory and litigation services to provide land use, environmental law, and planning related legal services related to County property at the former Marine Corps Air Station El Toro. |
SUMMARY:
Selection of McKenna, Long & Aldridge LLP, to provide the County with legal expertise in the areas of land use, environmental law and planning related to County property at the former Marine Corps Air Station El Toro.
BACKGROUND INFORMATION:
In conjunction with Orange County Public Works (“OC Public Works”), the Office of the County Counsel conducted a recruitment for special and litigation counsel in the areas of land use, environmental, and planning law related to County property at the former Marine Corps Air Station El Toro. A Request for Statements of Qualification was mailed to thirty-seven law firms. Eight firms responded with Statements of Qualification and were rated by a panel made up of representatives from the County Counsel’s Office, OC Public Works/Land Development and OC Planning. Based upon the panelists’ independent review of the written proposals, four firms were interviewed by the evaluation panel. Each firm was offered time to make a presentation and was asked the same general set of questions. Based upon a compilation of the panelists’ individual evaluations and scores (as to both written submissions and interviews) the evaluation panel voted unanimously to recommend McKenna, Long & Aldridge LLP to provide land use, environmental and planning related legal and litigation services to the County related to County property at the former Marine Corps Air Station El Toro.
The averaged total scores, out of a total possible 1050
point, for the four firms interviewed are as follows:
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Firm |
Evaluation Score |
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McKenna,
Long & Aldridge LLP |
877 |
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Gatzke,
Dillon & Balance, LLP |
814 |
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Bingham,
McCutchen, LLP |
787 |
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Burke,
Williams & Sorensen, LLP |
730 |
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The standard rate structure of the selected firm is set forth below:
Hourly Rates:
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Firm |
Partner |
Associates |
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McKenna, Long & Aldridge, LLP |
$425 |
$330 |
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These rates reflect a reduction in typical rates for the firm and are representative of rates that would be paid to law firms of similar expertise in this area.
The selected firm will provide advisory and litigation services in the areas of environmental law, land use and planning to assist in the proposed entitlement and development of approximately 180 acres of property the County owns or will own located on the former El Toro Marine Corps Air Station (“MCAS EL Toro”) within the City of Irvine, California. The proposed scope of services will include:
1. Performing all normal and customary duties required of environmental, land use and planning counsel in connection with the possible entitlement of County property at MCAS EL Toro, which may include, but not be limited to, review of environmental documentation, review of entitlement and planning documentation such as proposed tract maps and/or development agreements and other land use, planning and environmental legal services related to the potential development, leasing, sale or other disposition of portions of the County Property.
2. Advising County staff as to procedures, legality of documents, policy concerns, and legal implications concerning the activated related to the disposition of County property.
3. Advising County staff regarding the requirements of environmental, land use and other state and federal laws relevant to County property.
4. Assisting the County in negotiation, drafting and implementation of environmental, and land use documentation, correspondence, and related documents.
5. Attending meetings of the Board of Supervisors and relevant staff meetings, as well as relevant city council meetings, as necessary.
6. Preparing resolutions, notices, pleadings, and other legal documents necessary for management and disposition of County property.
7. Providing representation in hearings, arbitration, mediation, and any related litigation arising out the management and disposition of County property.
McKenna, Long & Aldridge LLP has significant experience in the areas of land use, environmental and planning law, representing both private and public entities. McKenna, Long & Aldridge is a recognized real estate and land use law firm that has experience with a broad cross-section of professionals, including architects, traffic engineers, biologists, city planners, elected officials and the media, which add to its capability in the area of land use. The attorneys who will represent the County have decades of experience in matters related to the California Environmental Quality Act, redevelopment, real estate, subdivisions and zoning laws. They have worked on a variety of projects for private developers and public entities, including master-planned communities and high-rise projects. Since June 19, 2009, McKenna, Long & Aldridge (formerly Luce, Forward, Hamilton & Scripps, LLP) has also provided the Orange County Flood Control District (“OCFCD”) specialized legal services in the areas of land use, environmental, and planning law related to 1,658 acres of OCFCD-owned property that was formerly used as a borrow site in conjunction with the construction of the Seven Oaks Dam in the City of Highland in San Bernardino. Since then, OCFCD staff and County Counsel have relied on the advice and counsel of McKenna, Long & Aldridge and have been quite satisfied with their services. With their assistance OCFCD has negotiated an agreement with the Lewis Brothers developers for entitlement of the property. OCFCD and County Counsel staff, along with McKenna, is currently working on a specific plan and development agreement for the property.
The firm has done a check for conflicts of interest and has found no current representations that constitute a conflict with representing the County. The firm does, however, represent two County lessees may not present an actual conflict, but in an abundance of caution we are requesting authority to execute a conflict of interest waiver for McKenna, Long’s representation of these clients. The first is Waterfront Resort Properties who is ground lessee at the Newport Dunes RV Park and Marina. No current controversy exists between the County and this lessee, so no current conflict exists. The second is Paradies-OC, LLC, a lessee of the County’s at John Wayne Airport. Paradies is also a co-defendant with the County in a cross-complaint filed by the Transportation Corridor Agency in litigation concerning the assessment of TCA fees on County tenants at JWA. To this point the interests of Paradies and the County have been aligned and there is no current conflict between the parties. Paradies role in the lawsuit is also being handled by a different practice group at McKenna; no attorneys on the El Toro project will be involved and an ethical wall will exist between the two groups. The County has previously granted Shepard Mullin a waiver on the TCA litigation to represent the County and certain airline tenants at JWA who are parties to the lawsuit. As such, we would ask the Board to authorize our office to execute a conflict waiver for Newport Dunes RV Park and Marina and Paradies-OC, LLC, and require McKenna, Long & Aldridge LLP, as a requirement of their legal service contract to set up an ethical wall with respect to representation of Paradies-OC, LLC. In the event an actual controversy or conflict poses itself a further waiver will be required. If the Board is not inclined to permit such a waiver we would recommend the selection of Gatzke, Dillon & Balance, LLP. Gatzke Dillon is currently outside counsel for John Wayne Airport and has significant experience reviewing and defending environmental, entitlement and planning documentation, including significant land use-related experience in the County of Orange. Their rates range from $380 for partners to $265 for associates.
Based on the reasons discussed above, County Counsel recommends that the Board select the law firm of McKenna, Long & Aldridge, LLP, as the primary provider of land use, environmental law, and planning related legal services to the County related to County property at the MCAS El Toro.
FINANCIAL IMPACT:
Cost is estimated to be approximately $75,000 a year. Legal services will be provided on an "as needed" basis.
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OCPW
EXHIBIT(S):
RFQ