City Council

Item 720: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to\nProvide Continued Legal Services as Panel Outside Counsel.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe proposed Second Amendment to the LSA is an increase of $250,000, for a contract\ntotal amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time\nspent on Allred, or from Water Fund for time spent on Patz.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-35 Cor. Copy) (Rev. 11/9/23)\nIntroduction of an Ordinance authorizing the Second Amendment to the legal services\nagreement between the City and Colantuono, Highsmith & Whatley, PC to increase the\ntotal not-to-exceed amount to $750,000 from $500,000. The $250,000 increase is\nnecessary to continue work the Law Firm is currently performing on behalf of the City,\nwhich includes defending the City in the active litigation matter Allred v. City of San\nDiego, a Proposition 218 case challenging the City’s fee structure for the Industrial\nWastewater Control Program. The firm will also assist the City in defending the lawsuit\nPatz v. City of San Diego, a case challenging the City’s tiered rate structure for water\nrates.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5800