Legislation Details

File #: 24-0108    Version: 1
Type: Consent Item Status: Agenda Ready
File created: 3/14/2024 In control: Visalia City Council
On agenda: 3/18/2024 Final action:
Title: Out-of-Scope Authorization for legal assistance - Direct the City Manager to authorize a temporary out-of-scope work program to address and advise on matters related to the State Groundwater Management Sustainability Act up to a maximum of $75,000 annually through June, 2026.
Attachments: 1. 2023_09-05 Staff Report - Peltzer Richardson Agreement Extension.pdf, 2. 2021 Peltzer & Richardson City Attorney Services Agreement.pdf
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Agenda Item Wording:
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Out-of-Scope Authorization for legal assistance - Direct the City Manager to authorize a temporary out-of-scope work program to address and advise on matters related to the State Groundwater Management Sustainability Act up to a maximum of $75,000 annually through June, 2026.
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Deadline for Action: 3/18/2024

Submitting Department: Administration

Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332; Nick Bartsch, Public Works Director, 713-4052

Department Recommendation: It is recommended that the City Council direct the City Manager to authorize a temporary out-of-scope work program with the City's legal firm, Peltzer Richardson, to address and advise the City Council and Staff on matters related to the State Groundwater Management Sustainability Act. The City's contract with the firm outlines specific tasks that are considered "Basic Services" and are covered through the contracted flat fee. The contract also provides the option for the City to request the firm to provide additional services not covered in the Basic Services task list. While there had been a City staff member that handled many of the water related matters, that position is currently vacant, and there are a number of complex issues that require immediate and consistent attention over the next several months. Staff believes that it would be best to utilize the services of the Peltzer Richardson to assist the members of Council that serve on the GSA, and staff, and to begin to address some more comprehensive issues, including funding for the City's portion of the implementation and management the Mid-Kaweah Groundwater Sustainability Agency GSA).

Background Discussion:
Alex Peltzer, who has been active in water law in the area for a number of years, is a former City Attorney, and is familiar with the water situation and status in the Kaweah Basin and other surrounding Basins, would be the lead in this out-of-scope agreement. If approved,...

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