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, the City Manager and the Public Works Director will work with the firm to develop a specific work program that would achieve the following objectives:
• Update City's strategy and core interests in implementation of SGMA
• Position City in advance of Kaweah Subbasin probationary hearing, and the emerging disputes between the GSAs that are developing in the face of that, and other matters related to development
• Serve as support for City's policy makers on this issue (reps to MKGSA, KDWCD Cooperative Agreement, City Manager/Asst CM/PW Director)
• Serve as knowledge base for new internal position in future
Given the issues looming over the next several months, it’s anticipated that this agreement will go through at least the end of this year, and/or, until a new staff member is hired to oversee water matters. Staff is asking for authorization through June, 2026 since this is an evolving situation and it is difficult to fully anticipate the fully scope needed over the next two years. At least initially, the salary and benefits from the unfilled position will offset this expense.
Fiscal Impact:
Up to $75,000 annually through June, 2026 or the hiring of a water staff person. Per the contract, the hourly rate for the out-of-scope work is Attorney: $187.50/hr. and Paralegal: $110/hr. It’s anticipated that the work program will require approximately 20-30 hours a month through 15-20 hours by the attorney, and 5-10 hours by a paralegal.
Prior Council Action: N/A
Other: N/A
Alternatives: To immediately hire a full-time staff member to work on water related matters
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct the City Manager to enter into a temporary agreement for out-of-scope services for water related advice and assistance with the legal firm of Peltzer and Richard up to $75,000 annually through June, 2026 if needed.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: City Attorney Contract Agreement Extension, City Attorney Agreement