Agenda

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C. 22

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	August 2, 2016

Contra

Costa

County

Subject:

Payments for Legal Services in County of San Joaquin, et al. v. Metropolitan Water District of Southern California, et al

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/02/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Julie DiMaggio Enea (925) 335-1077

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: August 2, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE Appropriations Adjustment No. 5001 transferring appropriations in the amount of $250,000 from the County's Contingency Reserve (0990) to the County Administrator's budget (0003) to pay for legal services in connection with the County of San Joaquin, et al. v. Metropolitan Water District of Southern California, et al. (San Joaquin Co. Super. Ct. Case No. STK-CV-UWM-2016-3596) litigation.

FISCAL IMPACT:

$250,000, 100% County General Fund. Under the related legal services contract, the County and Contra Costa County Water Agency will be jointly responsible for paying one-third of the fees charged by the law firm and one-third of costs incurred in this case. The other two participating public agencies will each be responsible for one-third of fees charged and costs incurred.

BACKGROUND:

The County and the Water Agency are petitioners in the lawsuit County of San Joaquin, et al. v. Metropolitan Water District of Southern California, et al. (San Joaquin Co. Super. Ct. Case No. STK-CV-UWM-2016-3596), filed April 14, 2016. On May 10, 2016, the Board of Supervisors authorized the County Counsel to execute two agreements in connection with the lawsuit: (1) a joint representation and cost allocation agreement, executed by all six petitioners in the case – Contra Costa County, the Contra Costa County Water Agency, San Joaquin County, Central Delta Water Agency, the Planning and Conservation League, and Food & Water Watch; and (2) a contract for legal services with the law firm of Shore, McKinley & Conger, LLP, to represent the four public agencies in the lawsuit. Under this contract, the County and Water Agency are jointly responsible for paying one-third of the fees charged by the firm and one-third of costs incurred in this case. The other two public agencies will each be responsible for one-third of fees charged and costs incurred.

The requested budget adjustment will appropriate funds to the County Administrator's budget to pay County Counsel costs and invoices from Shore, McKinley & Conger, LLP, in a total amount not to exceed $250,000.