COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

 

DATE:

March 6, 2007

BOARD MEETING DATE:

March 27, 2007

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Thomas F. Casey III, County Counsel

SUBJECT:

Legal Services Agreement with Cotchett, Pitre and McCarthy for County of Santa Clara v. Atlantic Richfield Company et al. Santa Clara County Superior Court Case No. Case No. CV788657

 

RECOMMENDATION:

Adopt a resolution authorizing the President of the Board to execute an agreement with Cotchett, Pitre & McCarthy for legal services in the matter of County of Santa Clara v. Atlantic Richfield Company et al.

 

BACKGROUND:

The presence of lead products for use in paint coatings on homes in buildings in San Mateo County poses serious health hazards. On November 14, 2006, the Board authorized the County’s joining of litigation brought by several California cities and counties against certain manufactures of lead based products.

 

DISCUSSION:

The law firm of Cotchett, Pitre and McCarthy (“Cotchett”) has been retained to assist several cities and counties in the litigation. Under the services agreement, Cotchett will assist our office on the unique and complex issues raised in this litigation. Our office will retain complete control of the litigation.

 

The County will pay for its share of reimbursement of out of pocket costs and fees. Cotchett’s compensation is contingent upon recovery of monies from the defendants through the litigation.

 

FISCAL IMPACT:

None.