Agenda

Return

C. 6

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	November 3, 2020

Contra

Costa

County

Subject:

DWR's Delta Conveyance Project Bond Validation Action - Joint Defense Agreement and Legal Services Contract

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/03/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Stephen M. Siptroth, Deputy County Counsel, (925) 655-2200
cc:	David Twa, County Administrator Stephen M. Siptroth, Deputy County Counsel Ryan Hernandez, Director, Contra Costa County Water Agency

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 3, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of the County and the Contra Costa County Water Agency, a joint defense and fee allocation agreement, a contract for legal services with The Freeman Firm, and a contract for legal services with the Law Office of Roger B. Moore, all effective August 6, 2020, in connection with California Department of Water Resources v. All Persons Interested in the Matter, etc., Sacramento County Superior Court Case No. 34-2020-00283112.

FISCAL IMPACT:

The County and Water Agency will be jointly responsible for one-sixth of the attorneys' fees and costs charged by the two law firms to represent the above co-defendants in the litigation.

BACKGROUND:

The County and the Water Agency are defendants in California Department of Water Resources v. All Persons Interested in the Matter, etc., Sacramento County Superior Court Case No. 34-2020-00283112, filed August 6, 2020. This board order authorizes the County Counsel, or designee, to execute three agreements in connection with that lawsuit.

The joint defense and fee allocation agreement will be executed by the cooperating co-defendants in the case - Contra Costa County and the Contra Costa County Water Agency, San Joaquin County, Solano County, Yolo County, Butte County, and Plumas County and the Plumas County Flood Control and Water Conservation District.

The above agencies will be represented by two law firms - The Freeman Firm and the Law Office of Roger B. Moore. Under these contracts, the County and Water Agency, together, and each of the other clients, will be responsible for paying one-sixth of all attorneys' fees and costs charged by the two law firms.

CONSEQUENCE OF NEGATIVE ACTION:

The County and Water Agency would not be represented by these firms, and there would be no agreement regarding the sharing of privileged documents and communications among the co-defendants in this lawsuit.