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Consent-General Government # 10.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Authorize the County Counsel to sign legal services agreements and a joint defense agreement relating to a validation action involving financing for the Delta Conveyance Project (California Department of Water Resources v. All Persons Interested in the Matter, etc.,Sacramento County Superior Court Case No. 34-2020-00283112). (No general fund impact) (Pogledich) |
| Recommended Action |
| Authorize the County Counsel to sign legal services agreements and a joint defense agreement relating to a validation action involving financing for the Delta Conveyance Project. |
| Strategic Plan Goal(s) |
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Sustainable Environment |
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Flourishing Agriculture |
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| Reason for Recommended Action/Background |
On October 6, 2020, the Board of Supervisors approved County participation in a validation filed by the California Department of Water Resources (DWR) concerning revenue bond financing and other matters pertaining to the Delta Conveyance Project (DCP). The DCP is an undefined project of unknown cost that is currently in an early stage of environmental review. It is clear, however, that the DCP will include new intakes, tunnels and other new State Water Project (SWP) facilities for conveying water from the Delta to other regions served by the SWP. As described in the DWR validation complaint, the state intends to fund planning and construction of the project by issuing revenue bonds, increasing SWP service charges, and potentially (in the judgment of some attorneys following the DCP closely) increasing property taxes within the SWP service territory.
The County will participate in this action jointly with five other counties: Contra Costa, Solano, San Joaquin, Plumas, and Butte. Through their participation, the counties have an opportunity to oppose DWR's request for judicial approval (in effect) of its financing strategy for the DCP. Each county will share an equal (1/6) portion of the costs of representation by the Freeman Firm and the Law Offices of Roger B. Moore, selected to represent the counties for their expertise in validation proceedings and Delta water matters. The attached agreements effectuate this arrangement, with a joint defense agreement that establishes the collaborative relationship between the counties and separate legal services agreements with the two firms. These agreements are still in draft form, but no substantive changes are expected prior to execution. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Contra Costa, Solano, San Joaquin, Butte and Plumas Counties. |
| Competitive Bid Process |
| Not applicable to contracts for legal services. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| Litigation costs will be paid from funds previously appropriated as part of the final budget to cover outside counsel assistance generally, assuming (as expected) that such costs do not exceed $15,000-$20,000 in the current fiscal year. |
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