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November 5, 2024
ITEM TITLE
Agreement: Approve a Legal Services Agreement with Gatzke, Dillon & Balance, LLP to Provide On-Call Legal Services for the Development Services Department
Report Number: 24-0287
Location: No specific geographic location
Departments: Development Services and City Attorney
G.C. § 84308: Yes
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines . T herefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving a Legal Services Agreement with Gatzke, Dillon & Balance, LLP for on-call legal services to assist the Development Services Department for a not-to-exceed amount of $350,000.
SUMMARY
The Development Services Department processes a large volume and variety of permits for private development projects that require legal review and/or consultation throughout the permitting process, including support of the Planning Commission. This amendment will allow Development Services t o obtain legal services from Gatzke, Dillon & Ballance, LLP in support of private development project permitting and Planning Commission. As part of their legal services, Gatzke, Dillon & Balance, LLP reviews project documents scheduled for Planning Commission and attends Planning Commission meetings on behalf of the City Attorney’s Office.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (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 act ivity is not subject to CEQA. Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City of Chula Vista (“City”) has an important business need for on -call legal services to support the Development Services Department for private development projects. The Development Services Department provides permitting services for a variety of projects, from individual homeowners to large development of subdivisions, for private development projects through out the City. Many of these projects require legal review during the permitting process, including projects that require Planning Commission approval.
With retirements of key staff in the City Attorney’s Office, Development Services began to use the on-call legal services of Gatzke, Dillon & Balance, LLP in November 2022. To date, Gatzke, Dillon & Balance, LLP has reviewed many development projects requiring Planning Commission approval; supported staff at a Zoning Administrator Public Hearing; supported staff at City Council for projects and supported staff on an appeal of the Zoning Administrator’s decision. To date, Development Services has found Gatzk e, Dillon & Balance, LLP very responsive with all requested legal service needs. Prompt legal review of development projects allows Development Services to continue to provide our customer’s the quality services they expect from the City. Additionally, the prompt responsiveness of legal services reduces delays in the development of housing units within the City.
Adoption of the proposed resolution approves a legal services agreement with Gatzke, Dillon & Balance, LLP for on-call Development Services Department related legal service. The agreement provisions provide for an initial one-year term, the option to extend the agreement for four additional one year terms, and a not -to- exceed contract amount of $350,000. It is anticipated that most of the costs for work performed under the agreement will be reimbursed by developer deposit account funds.
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 anticipated current year fiscal impact to the General Fund or Development Services Fund as a result of this action, as the costs of the agreement would be within the current year budget. It is additionally anticipated that most of the costs will be reimbursed by developer deposit account funds.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. It is anticipated that the costs would be within the corresponding fiscal year budget the legal services are provided, and that most costs will be reimbursed by developer deposit account funds.
ATTACHMENTS
1. Legal Services Agreement, dated December 1, 2024
Staff Contact: Laura C. Black, AICP, Director of Development Services Megan McClurg, Assistant City Attorney