DATE: June 5, 2018
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Retroactive Amendment IV to Agreement with Best, Best & Krieger, to continue representing County in marijuana-related lawsuits now pending in the appellate and superior court.
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Retroactive Amendment IV to Agreement No. 14-394 with Best, Best & Krieger, to extend the term of the existing Agreement to continue representing County in marijuana-related lawsuits now pending in the appellate court from December 31, 2017 to December 31, 2020 with no increase in the maximum of $550,000.
REPORT
The recommended action will amend the legal services agreement with Best, Best & Krieger to extend the expiration date from December 31, 2017 to December 31, 2020, to allow for continued representation of the County in marijuana-related lawsuits now pending in the superior and appellate courts and to provide advice to the County concerning other marijuana litigation and general legal matters related to the County's marijuana ordinance. This amendment does not change the existing cap on payments under the agreement, currently $550,000. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could opt not to approve Amendment IV to the Agreement ("Amendment IV") retaining Best, Best & Krieger ("BB&K"), but that would leave the County without representation in the cases still pending before the superior and appellate courts, including one that is expected to be set for oral argument before the Fifth District Court of Appeal in June or July 2018. BB&K's assigned attorney, Jeffrey Dunn, has recognized expertise in defending municipalities against marijuana-related lawsuits in which marijuana users challenge the municipalities' authority to regulate cultivation. Mr. Dunn would be forced to discontinue provision of services to the County if your Board disapproved Amendment IV to the Agreement with BB...
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