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March 3, 2026
ITEM TITLE
Agreement Amendment: Approve an Amendment to the Legal Services Agreement with Colantuono, Highsmith and Whatley, PC
Report Number: 26-0083
Location: No specific geographic location
Department: City Attorney
G.C. § 84308 Regulations Apply: Yes
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving the seventh amendment to the legal services agreement with Colantuono, Highsmith and Whatley, PC to increase the not to exceed amount by $20,000.
SUMMARY
The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations. The City retained outside counsel for Arturo Castanares v. City of Chula Vista, et al., San Diego Superior Court Case number 37 -2021-00017713-CUMC- CTL and now seeks approval of a seventh amendment to the legal services agreement with Colantuono, Highsmith and Whatley, PC to increase the not-to-exceed amount from $720,000 to $740,000 to cover final case invoices.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does 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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City Attorney’s Office provides legal review, advice, consultation, and r epresentation on a wide variety of legal issues and litigation related to City operations. In connection with public records act litigation, the City retained outside attorneys to defend the City. During the course of the litigation, the City Attorney has sought spending authority for outside counsel and associated litigation costs and now seeks approval for the seventh amendment to the legal services agreement with Colantuono, Highsmith and Whatley, PC to increase the not increase the not-to-exceed amount from $720,000 to $740,000 for payment of final invoices in the case.
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 fiscal impact as a result of this action. This is included in the fiscal year 2025 -26 budget of the Public Liability Trust Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact resulting from this action. Any increases to th is agreement will be considered as part of the annual budget development process in future years.
ATTACHMENTS
None.
Staff Contact: Karen Rogan, Assistant City Attorney