19-0125_STETSON ENGINEERS, INC._Staff Memo 01/25/2019
Project Initiation Memo
TO: Benjamin Siegel, City Manager
FROM: Steve May, Public Works and Utilities Director ,2/'
Prepared by: Eric Bauman, Assistant Utilities Director;0' .
SUBJECT: Annual Statements of Diversion and Use, and Cessation of Use; Contract with
Stetson
Description: To maintain the validity of its water rights claim, the City must
annually file a statement of Diversion and Use with the State Water
Board (SWB) by 07/01/2019. This statement was first filed for 2015
by Stetson Engineers Inc. (Stetson) in July of 2016, with legal
direction provided by the City's water rights attorney (Brownstein
Hyatt Farber Schreck, LLP). Stetson also filed that statement for
July of 2017, and July of 2018. Stetson is the only firm with the staff
knowledge of the process, the information data base, the hydrologic
experience with the San Juan Basin, and familiarity with the claim
made by the City of San Juan Capistrano in 2015 to be qualified to ,
perform the work.
Location: City Wide
Project Cost: $6,650.
Funding Source: 60-94530-62501-00000-000
Proposals: $6,650 Stetson Engineers Inc., (Sole Source.)
Staff Analysis & Recommendation:
To maintain the validity of its water rights claim, the City must annually file a statement of
Diversion and Use with the State Water Board (SWB) by 07/01/2019. This statement was
first filed for 2015 by Stetson Engineers Inc. (Stetson) in July of 2016, with legal direction
provided by the City's water rights attorney (Brownstein Hyatt Farber Schreck, LLP).
Stetson also filed in July 2017, and July 2018. Stetson is the only firm with the staff
knowledge of the process, the information data base, the hydrologic experience with the
San Juan Basin, and familiarity with the claim made by the City of San Juan Capistrano in
2015 to be qualified to perform the work.
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to
section 15060(c)(3) of CEQA Guidelines because the activity is not a project as defined in
Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14,Chapter 3,
as reporting on activities has no potential for resulting in physical change to the
environment, directly or indirectly.
Staff recommends the work be awarded to Stetson. Per Section 3-4.304(b)(1) of the San
Juan Capistrano's Municipal Code, professional services contracts of$25,000 or less may
be procured pursuant to an informal quote process. Pursuant to Section 3-4.305(a) of the
San Juan Capistrano Municipal Code, the informal quote process requires the City to
-2-
obtain three quotes whenever possible. The work requires specialized knowledge of the
claim made by Stetson on behalf of the City of San Juan Capistrano beginning in 2015. In
addition, due to Stetsons familiarity with the work, it has lowered is costs in each of the
successive years from $8,405 in 2016, to $7,978 in 2017, and now to $6,650 for the 2018
filing. As such, no other quotes were solicited because Stetson is uniquely qualified to
perform this work any other firm would have to spend time and money gaining familiarity
with the project that Stetson already possesses based on its prior experience.
Staff recommends (1) waiving the informal quote process; and (2) the City Manager
approve a Letter Agreement with Stetson Engineers Inc. for the filing of the 2018
Statement of Diversion and Use with the State Water Board in the amount of $6,650.