City Council

Item 53: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to\nProvide Continued Legal Services as Panel Outside Counsel.\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:\nAdopt the following Ordinance which was introduced on 12/5/2023, Item 331, (Council\nvoted 8-0, District 4-Vacant):\n(O-2024-35 Cor. Copy)\nOrdinance authorizing the Second Amendment to the legal services agreement between\nthe City and Colantuono, Highsmith & Whatley, PC to increase the total not-to-exceed\namount to $750,000 from $500,000. The $250,000 increase is necessary to continue work\nthe Law Firm is currently performing on behalf of the City, which includes defending the\nCity in the active litigation matter Allred v. City of San Diego, a Proposition 218 case\nchallenging the City’s fee structure for the Industrial Wastewater Control Program. The\nfirm will also assist the City in defending the lawsuit Patz v. City of San Diego, a case\nchallenging the City’s tiered rate structure for water rates.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5800\nCity Attorney Contact: M. Travis Phelps