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HomeMy WebLinkAboutReso 2026-170RESOLUTION NO. 2026-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR LEGAL SERVICES BETWEEN CITY OF CHULA VISTA AND GATZKE DILLON & BALLANCE LLP WHEREAS, the City of Chula Vista (“City”) previously entered into a legal service agreement on December 1, 2024, with Gatzke Dillon & Ballance LLP (“Attorney”), to provide legal services pursuant to a Legal Services Agreement (“LSA”)(“Original Agreement”); and WHEREAS, the City previously entered into a first amendment to the Original Agreement on June 3, 2026, amending the hourly rates charged by Attorney and extending the term through December 1, 2026; and WHEREAS, City desires to continue utilizing the services of Gatzke Dillon & Ballance LLP to advise, assist, and fully and competently represent the City in all legal matters including, but not limited to, ongoing development projects involving CEQA, land use, and planning and zoning matters; and WHEREAS, City desires to amend the not to exceed amount from $350,000 to $1,050,000; and WHEREAS, the Parties wish to extend the Agreement to December 1, 2027; and WHEREAS, Chula Vista Municipal Code (CVMC) Section 2.56.110(F) provides that contracts for legal services are overseen by the City Attorney pursuant to Section 503 of the City Charter, and that such services shall be competitively solicited when practicable; and WHEREAS, CVMC Section 2.56.110(F) further authorizes the use of a non-competitive selection process when a competitive solicitation is not practical, and the recommended attorney possesses unique qualifications and specialized expertise necessary for the Required Services; and WHEREAS, the City Attorney has determined that the legal services required for Development Services Department necessitates specialized land use, CEQA, planning and zoning experience and expertise to assist and advise the Development Services Department on development projects that render a competitive solicitation impractical, and that the recommended Attorney possesses the unique qualifications needed to represent the City effectively; and WHEREAS, CVMC Section 2.56.110(H)(2) authorizes the City Council, by resolution, to waive competitive bidding requirements and approve the use of alternative procurement procedures when competitive bidding is impractical, impossible, or when City interests would be materially better served by applying a different purchasing method. Docusign Envelope ID: E5EC8BFF-EE72-8BE8-8164-434D8ACDD7EC Resolution No. 2026-170 Page No. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, determines, pursuant to CVMC Sections 2.56.110(F) and 2.56.110(H)(2), that competitive bidding for the required legal services is impractical and that City interests are materially better served by utilizing an alternative procurement method. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the Second Amendment to the Legal Services Agreement to increase the not-to-exceed amount from $350,000 to $1,050,000 and extending the term from December 1, 2026, to December 1, 2027, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes the City Attorney to execute same. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: E5EC8BFF-EE72-8BE8-8164-434D8ACDD7EC Resolution No. 2026-170 Page No. 3 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/Director of Development City Attorney Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of August 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-170 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of August 2026. Executed this 18th day of August 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: E5EC8BFF-EE72-8BE8-8164-434D8ACDD7EC