TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Thomas C. Zeleny, Chief Deputy
SUBJECT: Amendment No. 7 to Agreement No. 190183B with Downey Brand, LLP for legal services related to the California Public Utilities Commission
RECOMMENDATION
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Approve and authorize Amendment No. 7 to Agreement No. 190183B with the law firm of Downey Brand, LLP for legal services and representation at the California Public Utilities Commission (CPUC), to adjust the hourly rates for calendar year 2025. (Fiscal Impact: negligible; General Fund; Budgeted; Discretionary).
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BACKGROUND
Attorney Megan Somogyi has represented Napa County jointly with other public agencies at the CPUC since 2018. She is with the law firm of Downey Brand, LLP, but was with the law firm of Goodin, MacBride, Squeri & Day, LLP when first retained by the County. Goodin’s CPUC regulatory group moved to Downey Brand in 2021. Ms. Somogyi’s representation relates primarily to CPUC proceedings involving Pacific Gas & Electric Company, including wildfire mitigation plans, public safety power shutoffs, “fast-trip” devices, microgrids and resiliency strategies, and related CPUC investigations. Ms. Somogyi jointly represents Napa County and anywhere from two to ten other public agencies (depending on the proceeding) at the CPUC. This reduces the County’s cost of legal representation by splitting her cost with the other public agencies.
This Amendment No. 7 will increase the hourly rates of the firm’s attorneys for calendar year 2025. The hourly rates will increase from $600 to $650 for services provided jointly to the County and other public agencies, from $495 to $515 for legal services provided only to the County, and from $410 to $420 and from $310 to $350 for two associates of the firm. The maximum annual compensation under the Agreement remains at $75,000 per fiscal year.
Ms. Somogyi provides valuable assistance to the County Counsel’s Office, serving as our “eyes and ears” at the CPUC and alerting us to proceedings that could affect Napa County and its residents.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
General Fund - County Counsel |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Ms. Somogyi engages almost entirely in the practice of law before the CPUC and has demonstrated success and experience in that arena. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Maximum annual contract amount remains the same. Only the hourly rates are increasing. |
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Consequences if not approved: |
Legal services in the CPUC proceedings would be provided by County Counsel staff. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.