SUBJECT: Authorization for Additional Payment of Litigation Costs in Connection with the Retainer Agreement with Marderosian and Cohen for 2023 Flood Litigation REPORT IN BRIEF On July 3, 2023, the City Council approved a Retainer Agreement with Marderosian and Cohen to represent the City in litigation seeking recovery of damages against California Department of Fish and Wildlife (23CV-03845) related to the January 2023 flooding events emanating from Bear Creek and other related creeks, rivers, channels, and flood control and irrigation facilities located in Merced County, California. After further review of the original approvals, staff identified that while the Retainer Agreement was authorized, litigation costs were not included in that authorization. On September 15, 2025, the City Council approved the payment of litigation costs associated with the representation. To date, the City has incurred approximately $350,000 in litigation costs, primarily related to deposition expenses and expert witness retainer agreements. Staff anticipates an additional $175,000 in costs through trial, which is scheduled for January 27, 2026. RECOMMENDATION City Council - Adopt a motion: A. Authorizing the City to pay additional litigation costs anticipated to be incurred through trial, estimated at approximately $175,000; and, B. Authorizing the City Manager to execute any necessary documents related to the payment of these litigation costs.

Consent Item Passed Introduced November 13, 2025

Committee: City Council/Public Finance and Economic Development Authority/Parking Authority
Introduced: November 13, 2025
On agenda: December 1, 2025
Passed: December 1, 2025

Where it was heard