(11)AR 110309 Amendment to Agreement/Jones & Mayer

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ITEM #11 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF NOVEMBER 3, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Robert J. Miller, Interim City Manager SUBJECT: First Amendment to the Professional Services Agreement between the City of Colton and the law firm of Jones & Mayer. DATE: October 23, 2009 BACKGROUND: In July 2009, the City notified the owners of the property located at 195 West Valley Boulevard of its intention to initiate revocation proceedings against the two conditional use permits associated with the site. Best, Best and Krieger, the firm's City Attorney, acts as legal counsel for the Planning Commission; because of this and to avoid a conflict of interest, the City sought outside Counsel for representation in this issue before the City of Colton Planning Commission. On July 1, 2009 the City of Colton entered into a standard Professional Services Agreement with the law firm of Jones & Mayer in the amount of $18,000. Under this agreement, Jones & Mayer agreed to provide to the City legal advice and representation for City staff concerning the potential modification or revocation of the conditional use permit for the property located at 195 W. Valley Boulevard in the City of Colton. The issue was heard at Planning Commission on August 26, 2009, at which time the Commission voted to revoke the conditional use permits associated with the subject site. DISCUSSION/ANALYSIS: On October 8, 2009 the Permittee and his attorney filed an appeal of the Planning Commission's decision to revoke the conditional use permits associated with the property. Because of this, additional cost will be incurred to continue the City's legal representation with Jones & Mayer through the City Council appeal process. The amount of the proposed cost to see the case through appeal may result in a cost above the City Manager's signature authority of $25,000. Therefore, staff is seeking council authorization in the event that such expenditures are required beyond the $25,000 signature authority of the City Manager.