REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 10, 2023
FROM
TOM BUNTON, County Counsel, Office of County Counsel
SUBJECT
Title
Consent to Waiver of Potential Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve a waiver of potential conflict of interest arising out of representation of the City of Ontario by Kaplan Kirsch & Rockwell LLP.
2. Authorize the County Counsel or a Principal Assistant County Counsel to execute the waiver of conflict of interest.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
San Bernardino County (County) is under a Regional Water Quality Control Board Order to investigate, clean up and remediate a groundwater plume near the Chino Airport. Since May of 2010, outside counsel, including Kaplan Kirsch & Rockwell LLP (KKR), in coordination with the Office of County Counsel has provided the necessary specialized legal advice and assistance to the County regarding the Chino Airport groundwater remediation. On February 9, 2021 (Item No. 29), the County expanded its agreement with KKR by entering into Contract No. 21-125 in the amount of $3.4 million to continue to provide legal services, including experts, related to the remediation and investigation of the County's ability to recover clean-up costs from prior occupants and tenants at the Chino Airport who may have caused the contamination.
KKR has been asked to provide legal advice to the City of Ontario for a limited time regarding Federal Aviation Administration (FAA) regulatory requirements for the sale or lease of airport property. At...
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