COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

 

DATE:

January 31, 2011

BOARD MEETING DATE:

February 15, 2011

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Michael P. Murphy, County Counsel

SUBJECT:

First Amendment to Legal Services Agreement with Cotchett, Pitre & McCarthy in the matter of County of Santa Clara v. Atlantic Richfield Company et al.

 

RECOMMENDATION:

Adopt a Resolution authorizing the County Counsel to execute the First Amendment to Legal Services Agreement with Cotchett, Pitre & McCarthy 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:

In March of 2007 your Board approved a fee agreement with the law firm of Cotchett, Pitre and McCarthy (“Cotchett”) to assist our office on the unique and complex issues raised in this litigation. Subsequent to that approval, the parties litigated over the propriety of a governmental entity entering into a contingency fee agreement with outside counsel on a public nuisance case. On July 26, 2010, the California Supreme Court found that contingency fee agreements were appropriate, subject to certain guidelines ensuring that the public entity attorneys retain control over the litigation. The County and Cotchett have revised the fee agreement to conform with the court’s holding in County of Santa Clara v. Superior Court of Santa Clara, (2010) 50 Cal. 4th 35.

 

Our office will continue to 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.

 
 

Approval of the First Amendment to Legal Services Agreement contributes to the Shared Vision 2025 outcome of a Collaborative Community by joining with other governmental entities to procure funds to remediate environmental health hazards caused by lead paint.

 

FISCAL IMPACT:

None.