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BACKGROUND <br /> The City has been served with a lawsuit involving the California Environmental Quality <br /> Act (CEQA) in Pleasanton Citizens for Responsible Growth v. City of Pleasanton <br /> challenging the Johnson Drive Economic Development Zone (JDEDZ) Supplemental <br /> Environmental Impact Report. <br /> DISCUSSION <br /> The lawsuit has been filed as a writ of mandate involving specialized legal expertise in <br /> CEQA, preparation of an administrative record, and requires a time commitment that <br /> staff attorneys do not have available in additional to their regular work load. Therefore, <br /> the expertise of the law firm is appropriate to supplement staff attorneys and lead in the <br /> City's defense of the case. <br /> The City has an existing Professional Services Agreement with Jarvis, Fay & Gibson <br /> (#2017269) originally entered into on August 19, 2016 for an amount not to exceed <br /> $20,000 annually for specialized legal advice on an as-needed basis. This agreement <br /> was amended by a First Amendment dated December 4, 2017 to both update rates and <br /> provide for an additional compensation not to exceed $75,000 for the defense of the <br /> Pleasanton Citizens for Responsible Growth matter. A Second Amendment <br /> (Attachment 1) is proposed to provide for additional compensation of up to $110,000 for <br /> the environmental study by Environmental Science Associates to be reviewed by <br /> Community Development staff and law firm attorneys to address the Pleasanton <br /> Citizens for Responsible Growth CEQA lawsuit. <br /> Submitted by: Reviewed by: Approved y: <br /> Dan Sodergren Tina Olson Nelson Fialho <br /> City Attorney Director of Finance City Manager <br /> Attachment: <br /> 1. Second Amendment to agreement with Jarvis, Fay & Gibson <br /> Page 2 of 2 <br />