To: Board of Supervisors
From: Thomas Geiger, County Counsel
Report Title: Legal services contracts and common interest agreement for legal services in County of San Joaquin, et al. v. Department of Water Resources, et al. (Sacramento Co. Super. Ct. Case No. 24WM000010).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Counsel, or designee, on behalf of the County and the Contra Costa County Water Agency, to execute a common interest agreement and contracts for legal services with The Freeman Firm, Soluri Meserve, and the Law Office of Roger B. Moore, all effective December 6, 2023, in connection with County of San Joaquin, et al. v. Department of Water Resources, et al. (Sacramento Co. Super. Ct. Case No. 24WM000010).
FISCAL IMPACT:
Water Agency funds will be used to pay for these legal services. The County and Water Agency, together, will be charged one fifth of the attorney’s fees and costs charged by each firm.
BACKGROUND:
On December 13, 2023, the Board authorized the County and Water Agency to join San Joaquin, Solano, and Yolo 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 board order authorizes the County Counsel, or designee, to execute four agreements in connection with that litigation.
A common interest agreement will allow the co-petitioners to share privileged litigation-related communications and documents. 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.
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 petitioners in this lawsuit.