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November 14, 2023
ITEM TITLE
Agreement: Approve the Fourth Amendment to the Legal Services Agreement with Colantuono, Highsmith & Whatley, PC to Provide Legal Services Related to Local Gaming Operation Issues Report Number: 23-0304
Location: No specific geographic location
Department: City Attorney
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving the fourth amendment to the Legal Services Agreement with Colantuono Highsmith & Whatley, PC to provide legal services related to local gaming operations issues through June 8, 2024 for a not to exceed amount of $100,000.
SUMMARY
The City of Chula Vista exercises local authority over gaming operations in its jurisdiction, which re quires legal review and consultation from time to time. This amendment to a Legal Services Agreement will allow the City to continue to utilize the legal services of Colantuono, Highsmith & Whatley, PC for ongoing local gaming operations authority matters.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
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DISCUSSION
The City of Chula Vista currently exercises local authority over gaming operations within its jurisdiction and contracts with outside legal counsel from time to time for legal review, consultation, and expertise in this area. In accor dance with the City’s charter, the City Attorney oversees contracts for legal and related professional services. Chula Vista Municipal Code section 2.56.110(F) requires City Council approval of most legal services contracts in excess of $50,000.
The City Attorney’s office initially entered into a Legal Services Agreement (“LSA”) with the law firm of Colantuono, Highsmith & Whatley, PC for legal services related to local authority over gaming operations in June 2022 in a not to exceed amount of $10,000. Th e Legal Services Agreement specified an initial one yar term, with an option to extend the agreement for five additional one -year terms. The LSA was amended in October 2022, January 2023, and March 2023 to increase the not to exceed amount to a total of $65,000. Due to an ongoing need for legal services in regard to local authority over gaming operations, the City Attorney’s office seeks to amend the LSA again to exercise the first of five options to extend through June 8, 2024 and to increase the not to exceed amount from $65,000 to $100,000. As this proposed third amendment to the LSA would result in a legal services contract in excess of $50,000, staff requests City Council approval of such amendment.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact as the funds used to pay this contract will be offset by salary savings in the City Attorney Department budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Legal Services Agreement with Colantuono Highsmith & Whatley
2. First Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
3. Second Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
4. Third Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
5. Proposed Fourth Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley Staff Contact: Megan McClurg, Assistant City Attorney
Eric Crockett, Deputy City Manager