The law firm of Rio Vista’s city attorney, Kronick, Moskovitz, Tiedemann, and Girard, will not be allowed to represent California Forever, the parent company of Flannery Associates, and compile a report on local water supply for them after a 5-0 decision by the Rio Vista City Council last week.
The council voted unanimously to not approve a request from the firm to work for both parties. The request indicated that, in the event of a conflict between the two parties, the firm would drop the billionaire funded development firm and only represent the city.
Many Rio Vista residents attended the meeting, and many had strong words for the corporation that purchased over 50,000 acres of Solano County land over the course of before coming public with their intentions in early September of this year. The firm has since embarked on a public relations campaign, reaching out to residents of Solano County about their intentions and asking for feedback on their proposed project.
Olivia Clark represented the law firm at the council meeting and presented the proposed agreement. She said California Forever reached out to them, likely because they are known for being some of the best water rights lawyers in the area.
“There is no conflict between CF and the city at this time,” she said. “However, due to the project’s proximity to the city, there is a chance that a conflict may arise in the future.”
Kronic presented this agreement out of an abundance of caution, and proposed to build an ethical wall within their firm regarding the three attourneys that represent Rio Vista and those who would be working for California Forever.
“I believe we hope and plan to continue representing the city,” she said.
Mayor Ronald Kott clarified with Clarke that the firm would drop California Forever as a client if they entered litigation against the city, which she confirmed. Council member Walt Stanish asked what bennfit accepting the agreement would have for Rio Vista, and Clark replied that it would be advantageous for the city to know that California Forever had competent legal representation, rather than finding some “hot shot LA firm” to “phone it in.”
But Councilmember Sarah Donnelly said she thinks the city should enter any potential litigation with with as many advantages as possible, and saw no reason the city should care if California Forever did not get to work with local representation.
“I see this as a situation where we need to be dealing from a position of strength,” she said.
Councilmember Rick Dolk said he wanted to clarify for Rio Vista residents that the firm had brought this issue to the city and not the other way arround, and said this would provide a foot in the door for California Forever on water and land issues.
“This train is coming, you know,” he said, “Flannery, California Forever is coming, and we can’t stop it. So it doesn’t make a lot of sense for us to be provocative or combative on one hand, we need to be a partner with them.”
However, Dolk said he sees no reason to roll over for the company, so letting them find their own legal representation makes sense .
“The optics work better for them in all of the water wars that have happened between with north and the south” Council member Donnelly said of California Forever working with a more local firm.
22 year old Aiden Mayhood, a seventh generation resident of Rio Vista, spoke at the meeting during public comment and accused California Forever of a “scorched earth” approach with local landowners and of attempting to circumvent county regulations on growth.
“We have entrusted you, the council, to forge through this future with us, the constituents, not Silicon Valley billionaires with separate monetary interests.”
He said California Forever has placed a stranglehold on the city’s ability to grow. “
Flannery has proven to be untrustworthy and unethical,” he said, “we must remember that the ends do not justify the means.”
Jeannie McCormack also spoke at the meeting, saying California Forever has displayed no empathy for area residents are are just hoping to make a buck.
“They’re really destroying the community in the Montezuma Hills, it’s shocking.” she said. “Everyone is afraid to talk to each other because they have NDAs with their land sales,”
Just after the vote, council member Stanish said he wished California Forever had come directly to the council to communicate.
“I really feel bad that Flannery had to come through our attorneys to get our attention to jet our attention,” he said. “I wish Flannery had come to us so we could have a discussion. The optics of this does not look good, and they’re not starting out very good with us in my opinion.”