Consent-General Government # 15.
Board of Supervisors Meeting/Budget Workshop Part 2
County Counsel
- Meeting Date:
- 03/12/2024
- Brief Title
- Approve Delta Conveyance Project litigation agreements
From:
Phil Pogledich, County Counsel
Staff Contact:
Phil Pogledich, County Counsel, x8172
Supervisorial District Impact:
Districts 1, 3, and 5
Subject
Approve legal services agreements with the Freeman Firm, Soluri Meserve, and the Law Offices of Roger B. Moore in connection with litigation regarding the Delta Conveyance Project, all effective as of December 6, 2023. (No general fund impact) (Pogledich)
Recommended Action
- Approve legal services agreements with the Freeman Firm, Soluri Meserve, and the Law Offices of Roger B. Moore in connection with litigation regarding the Delta Conveyance Project, all effective as of December 6, 2023; and
- Authorize County Counsel to sign the agreements.
Strategic Plan Goal(s)
 |
Thriving Residents |
 |
Sustainable Environment |
 |
Flourishing Agriculture |
Reason for Recommended Action/Background
On December 5, 2023, the Board authorized the County to join San Joaquin, Solano, and Contra Costa Counties, the Central Delta Water Agency, and Local Agencies of the North Delta (LAND) as co-petitioners in CEQA litigation challenging the Department of Water Resources’ Delta Conveyance Project - County of San Joaquin, et al. v. Department of Water Resources, et al. County of San Joaquin, et al. v. Department of Water Resources, et al. (Sacramento Co. Super. Ct. Case No. 24WM000010). This staff report requests authority for the County Counsel, or designee, to execute three legal services agreements in connection with that litigation.
The Freeman Firm, Soluri Meserve, and the Law Office of Roger B. Moore will represent the co-petitioners in the litigation. The agencies will enter into a legal services contract with each firm, and each contract provides that the firm will charge each agency other than LAND a proportional share of the fees and costs billed by the firm. The firms will charge the following hourly rates: partners, $350-375; associates and contract attorneys, $250-$325; paralegals, $125; and law clerks $50. An exhibit to each contract identifies attorneys and staff assigned to this matter. The exhibit can be replaced by the County Counsel, or designee, when there are staffing changes.
The Freeman Firm, Soluri Meserve, and the Law Office of Roger B. Moore will represent the co-petitioners in the litigation. The agencies will enter into a legal services contract with each firm, and each contract provides that the firm will charge each agency other than LAND a proportional share of the fees and costs billed by the firm. The firms will charge the following hourly rates: partners, $350-375; associates and contract attorneys, $250-$325; paralegals, $125; and law clerks $50. An exhibit to each contract identifies attorneys and staff assigned to this matter. The exhibit can be replaced by the County Counsel, or designee, when there are staffing changes.
Collaborations (including Board advisory groups and external partner agencies)
Contra Costa, Solano, and San Joaquin Counties, and the Central Delta Water Agency.
Competitive Bid Process/Vendor Performance
N/A
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $
- Amount budgeted for expenditure:
- $
- Additional expenditure authority needed:
- $
- On-going commitment (annual cost):
- $
Source of Funds for this Expenditure
- General Fund
- $0
- $0
Further explanation as needed:
Services provided under the contracts included with this item are within the scope of the County Counsel Office's funding for outside legal services in the current fiscal year and the proposed budget submitted for the next fiscal year. Costs are divided between several entities, as indicated in the agreements, and the County is expected to pay a 1/5 share of all costs. The recovery of all legal services costs is possible if the petitioners prevail in the litigation.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Phil Pogledich | Phil Pogledich | 03/05/2024 03:16 PM |
| Financial Services | mrobertson | 03/05/2024 04:23 PM |
| County Counsel (Originator) | Phil Pogledich | 03/06/2024 03:37 PM |
| Berenice Espitia | Berenice Espitia | 03/07/2024 08:35 AM |
- Form Started By:
- Phil Pogledich
- Started On:
- 02/20/2024 01:34 PM
- Final Approval Date:
- 03/07/2024