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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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021919
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2/13/2019 2:23:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/19/2019
DESTRUCT DATE
15Y
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BACKGROUND <br /> The City has settled a California Environmental Quality Act (CEQA) lawsuit challenging <br /> the Johnson Drive Economic Development Zone (JDEDZ) Supplemental Environmental <br /> Impact Report. As part of the settlement of Pleasanton Citizens for Responsible Growth <br /> v. City of Pleasanton, the City agreed to undertake additional environmental review. <br /> DISCUSSION <br /> The City has an existing Professional Services Agreement with Jarvis, Fay & Gibson <br /> originally entered into on August 19, 2016 for specialized legal advice on an as-needed <br /> basis. This agreement was amended by a First Amendment for the defense of the <br /> Pleasanton Citizens for Responsible Growth matter. A Second Amendment provided <br /> for additional compensation of up to $110,000 for the environmental study by <br /> Environmental Science Associates to be reviewed by Community Development staff <br /> and law firm attorneys to address the Pleasanton Citizens for Responsible Growth <br /> CEQA lawsuit. An unrelated Third Amendment related to a zoning code challenge, <br /> Sowels dba 3N Land and Building REIT, which was subsequently dismissed by plaintiff. <br /> The proposed Fourth Amendment (Attachment 1) would increase by $90,000 the <br /> amount that Jarvis, Fay and Gibson could pay to Environmental Science Associates, for <br /> a total amount not-to-exceed $200,000. This would pay for the additional environmental <br /> studies already in process as required by the settlement of the Pleasanton Citizens for <br /> Responsible Growth matter, as well as anticipated further services to be provide by <br /> Environmental Science Associates, under the guidance of City staff, Jarvis Fay & <br /> Gibson counsel, and Costco counsel, as the updated JDEDZ Supplemental <br /> Environmental Impact Report is recirculated, comments are received, and responses to <br /> comments (and potential further environmental analysis) are prepared. <br /> Submitted by: Revi wed by: Approv d by: <br /> / ' <br /> Dan Sodergren Tina Olson Nelson Fialho <br /> City Attorney Director of Finance City Manager <br /> Attachment: <br /> 1. Fourth Amendment to agreement with Jarvis, Fay & Gibson <br /> Page 2 of 2 <br />
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