(8)AR 020309 Skapik - Laserfiche WebLink

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• Geralyn Skapik was recommended by our normal CEQA attorney at BB&K and has an outstanding reputation in the industry; The two legal matters are making their way through the court system. The following paragraphs summarize the schedule of activity from here on for each of these matters. Attachments are provided that summarize the steps that have been completed to date on each of these items. San Bernardino Superior Court Case No SCVSS 809613 — City of Rialto vs. City of Colton pertaining to the Agua Mansa Commerce Center EIR ("AMB Development") — The Summary of Action on this matter is provided in Attachment 1. The briefing schedule and hearing date is set as follows: • Petitioner will file and serve its opening brief by February 16, 2009. • Respondent and Real Party in Interest will file and serve their joint opposition by March 9, 2009. • Petitioner will file and serve any reply brief in support of its opening brief no later than March 23, 2009. • Hearing/Trial is set for April 15, 2009 at 10:00. When the City of Colton approved the AMB Development, AMB was conditioned to indemnify the City against all future claims associated with this entitlement. As such, AMB is responsible for covering the costs associated with this matter and they have deposited funds to cover the expenses incurred to date ($50,000 deposit — 9/30/08). As costs approach this amount, the City will secure additional funds from AMB for deposit against these costs. This matter has no financial impact to the City. San Bernardino Superior Court Case No SCVSS 811119 — City of Colton vs. City of Rialto pertaining to the Super Walmart EIR ("Walmart") -- The Summary of Action on this matter is provided in Attachment 2. The briefing schedule and hearing date is set as follows: • Opening briefs for Petitioners in each case to be filed and served by January 20, 2009. • Opposition briefs for the Responding and Real Parties in each case to be filed and served by February 17, 2009. • Reply briefs for both Petitioners in each case to be filed and served by March 2, 2009 • Hearing/Trial in each Case set for April 3, 2009 at 10:00 a.m. The legal costs for this case are being borne by City and are being funded out of the City Manager professional services account. Staff proposes a not -to -exceed amount of $60,000 for this item that includes prior and future expenditures. Additionally, the City of Rialto completed the Administrative Record for this proceeding and invoiced (Attachment 3) the City of Colton for reimbursement of those costs in the amount of $13,703.38. Currently, there are inadequate resources available in the City Manager Professional Services Agreement account to fully fund these activities. Staff is requesting a transfer of $60,000 from the General Fund undesignated reserves to City Manager Professional Services Agreements Account (100-6020-6020-2350). FINANCIAL IMPACT: Pursuant to the Engagement Agreement entered into on August 5, 2008, a Purchase Order was issued in the amount of $15,000 under City Manager signature authority to address the costs associated with the Wal-Mart matter. Staff is recommending this amount be increased to a not - to -exceed amount of $60,000.