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BACKGROUND The City has settled a California Environmental Quality Act (CEQA) lawsuit challenging the Johnson Drive Economic Development Zone (JDEDZ) Supplemental Environmental Impact Report. As part of the settlement of Pleasanton Citizens for Responsible Growth v. City of Pleasanton, the City agreed to undertake additional environmental review. DISCUSSION The City has an existing Professional Services Agreement with Jarvis, Fay &Gibson originally entered into on August 19, 2016 for specialized legal advice on an as -needed basis. This agreement was amended by a First Amendment for the defense of the Pleasanton Citizens for Responsible Growth matter. A Second Amendment provided for the environmental study by Environmental Science Associates to be reviewed by Community Development staff and law firm attorneys to address the Pleasanton Citizens for Responsible Growth CEQA lawsuit. An unrelated Third Amendment related to a zoning code challenge, Sowels dba 3N Land and Building REIT, which was subsequently dismissed by plaintiff. A Fourth Amendment was approved on February 19, 2019 that increased by $90,000 the amount that Jarvis, Fay and Gibson could pay to Environmental Science Associates for the JDEDZ supplemental environmental study. After the new supplemental analyses for the JDEDZ were made available to the public in July, the City has received many complex comments. Greater services are needed from Environmental Science Associates to prepare responses to comments. Therefore, a Fifth Amendment is proposed to allow up to $50,000 in additional funds to be paid to Environmental Science Associates (for a new total not to exceed $250,000) for this JDEDZ environmental work. Submitted by: c... Dan Sodergren City Attorney Attachment: Reviewed by: �l�L��f' Tina Olson Director of Finance 1. Fifth Amendment to agreement with Jarvis, Fay &Gibson Page 2 of 2 Approved y: Nelson Fialho City Manager