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August 18, 2026
ITEM TITLE
Second Amendment to Agreement: Legal Services Agreement with Gatzke Dillon & Ballance LLP to Provide On-call Legal Services for Private Development Project Permitting, Land Use Matters, and Planning Commission
Report Number: 26-0230
Location: No specific geographic location
Department: City Attorney, Development Services
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; therefore, pursuant to CEQA Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving a Legal Services Agreement with Gatzke Dillon & Ballance LLP for on-call legal services to assist the City Attorney’s Office to advise the Development Services Department for a not -to- exceed amount of $1,050,000.
SUMMARY
The Development Services Department processes a large volume and variety of permits for private development projects and administers a broad range of land use matters that require legal review and/or consultation throughout the permitting process, including support of the Planning Commission. This amendment will allow the City Attorney’s Office to utilize outside legal services from Gatzke Dillon & Ballance, LLP in support of private development project permitting, land use matters, and Planning Commission to support the Development Services Department. As part of their legal services, Gatzke Dillon & Ballance LLP reviews project documents scheduled for Planning Commission, provides legal advice on land use matters, 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 CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the CEQA Guidelines because P a g e | 2
it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City of Chula Vista (“City”) has an important business need for on -call legal services to assist the City Attorney’s Office in advising the Development Services Department regarding land use and development related matters. The Development Services Department provides permitting services for a variety of projects, from individual homeowners to large subdivision developments, and administers the City’s land use and development regulations for private development projects throughout the City. Many of these projects and related land use matters may require the need for legal review at any point in the permitting process, including projects that require Planning Commission and City Council approvals.
On behalf of the City Attorney’s Office, Gatzke Dillon & Ballance LLP has reviewed many development projects requiring Planning Commission approval; supported staff at a Zoning Administrator Public Hearing; supported staff at City Council for proj ects; provided legal advice on land use matters; and supported staff on an appeal of the Zoning Administrator’s decision. To date, the City Attorney’s Office and the Development Services Department has found Gatzke Dillon & Ballance LLP very responsive to all requested legal service needs. Prompt legal review of development projects and other land use matters allows the Development Services Department to continue to provide customers with 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.
For the reasons detailed above, the City Attorney has determined that Gatzke Dillon & Ballance LLP possesses the unique qualifications needed to repre sent the City effectively and a competitive solicitation would be impractical. Staff therefore recommends that the City Council waive the competitive bidding requirement, pursuant to Chula Vista Municipal Code sections 2.56.110(F) and 2.56.110(H)(2).
Approval of the proposed resolution will authorize a legal services agreement with Gatzke Dillon & Ballance LLP for on-call land use and development related legal services. This Second Amendment to the Agreement provides for an increase to the not-to-exceed amount from $350,000 to $1,050,000 and extends the term of the agreement from December 1, 2026, to December 1, 2027. 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.
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CURRENT-YEAR FISCAL IMPACT
There are no anticipated fiscal impacts to the General Fund or Development Services Department Fund as a result of this action . All costs associated with these services will be covered by developer deposit account funds provided by the project applicants.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts to the General Fund or Development Services Fund as a result of this action. All costs associated with these services will be covered by developer deposit account funds provided by the project applicants. Ongoing costs will be borne by the project applicants and will not exceed the value of $1,050,000.
ATTACHMENTS
1. Legal Services Agreement, dated December 1, 2024
2. First Amendment to Legal Services Agreement, dated June 3, 2026.
3. Second Amendment to Legal Services Agreement
Staff Contact: RoseMarie Horvath, Deputy City Attorney
Roy Sapa’u, Deputy City Manager/Director, Development Services