SUBJECT: Authorization for 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. The case is now scheduled for trial on January 27, 2026. After further review of the original approvals, staff identified that while the Retainer Agreement was authorized, litigation costs were not included in that authorization. Staff is therefore requesting Council approval to pay litigation costs associated with the representation. To date, the City has incurred approximately $175,000 in litigation costs, primarily related to deposition expenses and expert witness retainer agreements. Staff anticipates an additional $175,000 in costs through trial. RECOMMENDATION City Council - Adopt a motion: A. Authorizing the City to pay litigation costs incurred to date, estimated at approximately $175,000, related to the representation by Marderosian & Cohen; and, B. Authorizing the City to pay additional litigation costs anticipated to be incurred through trial, estimated at approximately $175,000; and, C. Authorizing the City Manager to execute any necessary documents related to the payment of these litigation costs.

Consent Item Passed Introduced September 8, 2025

Committee: City Council/Public Finance and Economic Development Authority/Parking Authority
Introduced: September 8, 2025
On agenda: September 15, 2025
Passed: September 15, 2025

Where it was heard