City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: October 22, 2024 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: ADD THE LAW FIRM OF ELLISON SCHNEIDER HARRIS & DONLAN LLP TO THE PANEL OF AUTHORIZED ATTORNEYS FOR THE CITY; CONSIDER APPROVAL OF AND AUTHORIZE A THREE-YEAR LEGAL SERVICES AGREEMENT WITH THE LAW FIRM OF ELLISON SCHNEIDER HARRIS & DONLAN LLP; AUTHORIZE THE CITY ATTORNEY TO EXECUTE THE LEGAL SERVICES AGREEMENT TO PROVIDE SPECIALIZED LEGAL SERVICES FOR WATER RIGHTS ISSUES ISSUE:
To consider whether to add the law firm of Ellison Schneider Harris & Donlan LLP to the panel of authorized attorneys for the City and to consider approval of a three-year legal services agreement with the law firm of Ellison Schneider Harris & Donlan LLP to provide specialized legal services for water rights issues.
RECOMMENDATION:
That the City Council add the law firm of Ellison Schneider Harris & Donlan LLP to the panel of authorized attorneys for the City, approve a three-year legal services agreement with the law firm of Ellison Schneider Harris & Donlan LLP and authorize the City Attorney or designee to execute the legal services agreement with the law firm of Ellison Schneider Harris & Donlan LLP to provide specialized legal services for water rights issues.
BACKGROUND:
City Charter section 702, “Eligibility, powers and duties of City Attorney,” provides, in part, that “the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.” DISCUSSION:
Western Municipal Water District has an exploratory well (Well 7) located on the property of the Presbyterian Church at 7200 Magnolia Avenue, in the City of Riverside. At the October 8, 2024 City Council meeting, Councilmember Sean Mill requested that the City seek a legal opinion from an outside law firm as to the legality of this well.
The law firm of Ellison Schneider Harris & Donlan LLP has extensive experience in the field of water and regularly represents clients in local, state, and federal administrative proceedings, and in state and federal courts. Their Water Practice Group is highly experienced in the processes and requirements needed to establish the validity of, procure, and defend water rights on challenges stemming from endangered species issues, water quality concerns, or competition from other water users. The law firm of Ellison Schneider Harris & Donlan LLP is familiar with the City’s water rights and previously was on the City’s panel of authorized attorneys but that agreement has expired.
STRATEGIC PLAN ALIGNMENT: The retention of experienced outside counsel to provide services supports all priorities of the City of Riverside’s Envision Riverside 2025 Strategic Plan, as such advice is provided to all departments of the City, the City Council, Boards and Commissions.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – Riverside is transparent and makes decisions based on sound policy, inclusive community engagement, involvement of City Boards & Commissions, and timely and reliable information. Use of outside counsel that specialize in specific areas of the law supports and aids the making of such decisions.
Equity – Use of outside counsel that specialize in specific areas of the law benefits the entire community by ensuring that such efforts comply with all aspects of the law.
Fiscal Responsibility – The City Attorney’s Office is expending funds in a careful and judicious manner balanced against the need for specialized legal counsel when the circumstances warrant.
Innovation – The retention of specialized legal counsel to provide specialized legal advice supports City innovation efforts by ensuring that such efforts comply with all aspects of the law.
Sustainability & Resiliency – The retention of specialized legal counsel to provide specialized legal advice supports City goals of sustainability and resiliency by ensuring that such efforts comply with all aspects of the law.
FISCAL IMPACT:
The total fiscal impact of this action will not exceed $25,000, which is within the City Attorney’s authority to retain outside counsel. Sufficient funds are available in Public Utilities Water Fund Outside Legal Services Account number 6200000-421100.
Prepared by: Jack Liu, Interim City Attorney
Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer 2