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Third Amendment to Hogle Ireland Professional Services Agreement Page 2 of 3 <br />November 17, 2009 Council Agenda Report <br />The Draft Land Use element is nearing the point of presentation to the Planning Commission and <br />City Council, likely in the first quarter of next year. Finally, the Circulation Element continues to <br />make progress; a transition in KOA staff and flaws in the County modeling data created delays in <br />the progress of this element; however, work has resumed at an energetic pace. <br />The scope of work for which the City is requesting approval is the completion of the Land Use <br />Element — specifically, the completion of a Greenhouse Gas Analysis for inclusion in the <br />Environmental Impact Report. Recent case law and directives from the California Attorney <br />General's office require that the EIR address greenhouse gas emissions. Lead agencies (such as <br />Colton) are now expected to determine whether a project's climate change -related effects may be <br />significant, and to impose feasible mitigation to substantially lessen any significant effects. Failure <br />to assess the effects of greenhouse gases and make a determination of significance can invalidate <br />the City's CEQA documents and make the City vulnerable to legal challenge. The EIR for the <br />General Plan could be challenged and found deficient for failure to properly assess GHG and <br />climate change impacts. Such findings could result in significant delays and extra costs to complete <br />these planning efforts that are already well underway. <br />The proposed additional Scope of Work allows for the needed Greenhouse Gas analysis, as well as <br />expected work by Hogle Ireland staff to thoroughly prepare presentations for City Council and <br />Planning Commission workshops and public hearings associated with the Draft General Plan and <br />Environmental Impact Report. <br />Generally, the awarding of a new professional services agreement would be subject to the <br />competitive bidding procedures described in the Colton Municipal Code (the "Code). However, for <br />professional services, the City's bidding requirements may be waived "[WJhen the city manager <br />determines that it is in the best interest of the city and its administrative operations to dispense with <br />public bidding for non-public projects under this chapter. Prior city council concurrence with the city <br />manager's determination shall be required for non-public project purchases over one hundred thousand <br />dollars" (CMC Section 3.08.140) Thus, if the City Manager (and City Council) determine that it is in the <br />best interest of the City to dispense with public bidding for this contract, then competitive bidding will not <br />be required. For apparent reasons, it is in the best interests for the City to continue to use Hogle Ireland to <br />complete this on-going project. <br />FINANCIAL IMPACT: <br />The second amendment, brought forth in October 2008, brought the total value of the agreement to <br />$339,650. This third amendment of $27,500 will bring the total value of the agreement to <br />$367,150. Funds were included in the current budget in account 100-6300-6301-2350 <br />(Professional Services) and these funds remain in the recently revised department budget estimates. <br />Budget <br />100-6300-6301-2350 <br />Year -To -Date <br />Expenditures <br />Open Encumbrances <br />Available Funds <br />$456,731.46 <br />$61,166.98 <br />$148,598.05 <br />$246,966.43 <br />