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Clear Lake approves doubling authorized legal contract to defend CEQA lawsuits
Summary
The council authorized an additional $250,000 under the city's Downey Brand legal services contract — increasing the cap from $250,000 to $500,000 — to pay ongoing defense costs in CEQA litigation, a move councilmembers said will reduce funds available for capital projects.
The council voted unanimously to authorize an additional $250,000 under the city's existing professional‑services contract with Downey Brand, increasing the approved cap to $500,000 to cover legal defense in ongoing CEQA litigation. Mr. Flora told the council that multiple lawsuits, including an action by a tribal nation, require expanded legal resources and that some project funds earmarked for parks and playgrounds may need to be reallocated to pay for defense work.
Council Member Overton and others said they were disappointed that project dollars for children’s park and sports complex amenities could be diverted. Vice Mayor Claffey said the city has no practical alternative when facing repeated suits: “We have to do this ... it’s on the back of the taxpayers,” he said. Several council members described the suits as frivolous but agreed the city must defend itself to avoid greater long‑term costs or project delays.
The motion was made by Vice Mayor Claffey and seconded on the floor; the council approved the authorization by unanimous vote. Staff said they will return with information on which capital projects may be adjusted and how those changes would be prioritized.
