2004 AGN FEB 17 I07 - Laserfiche WebLink

Browse Search

CITY OF COLTON Item #7 AGENDA REPORT FOR THE COUNCIL MEETING OF FEBRUARY 17, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Approval to Amend Professional Services Agreement with Michael Brandman Associates (MBA) to Provide Professional Environmental Services/CEQA Processing for the Pacific Rail Industries Rail Dismantling and Salvage Operations Facility DATE: February 9, 2004 BACKGROUND: In 1986, Pacific Rail Industries (the "applicant"), located at 785 East "M" Street, received approval of a Conditional Use Permit (CUP #C-5-86), File Index Number #C-5-86, to operate a rail dismantling and salvage operations facility. On June 19, 2001, the applicant submitted an application to modify their existing CUP (#C-5-86) to allow the installation of a steel shredder. The proposed modifications to their CUP required an Environmental Impact Report (EIR). On September 3, 2002, the City Council approved a Professional Services Agreement in the amount of $75,633 with Michael Brandman Associates (MBA) for preparation of the EIR for the Pacific Rail Industries Rail Metal Shredder Project. Subsequent to Council's approval, three (3) budget augments increased the contract amount to $82,562. All costs for the project are being paid by Pacific Rail Industries; there is no impact to the City General Fund. On June 3, 2003, the Council approved the First Amendment to the MBA Professional Services Agreement to increase the Scope of Work and increased the Budget in the amount of $45,842 to address the applicant's request to add (1) transloading activities and (2) increase the amount of material that may be stored overnight at the facility. Staff is now requesting approval of a Second Amendment to the MBA Professional Services Agreement in the amount of $28,000, to cover work beyond that provided in the original Scope of Work and Budget. The City Attorney prepared the Second Amendment to the Agreement. ANALYSIS/DISCUSSION: MBA completed and submitted to staff the First Administrative Draft EIR on the project. Due to extensive internal comments, staff requested extensive revisions and a preparation of a Second Administrative Draft EIR, though it was not covered in the Scope of Work. In addition, resolution of environmental issues, especially air quality issues, required MBA to conduct significant investigation, problem solving, consultation and coordination with sub -consultants beyond what was provided in the Budget. Therefore, a Second Amendment to the Scope of Work and Budget is required to address the work, as well as additional investigations required by MBA. The applicant will pay for the increase to the contract. ALTERNATIVES: Reject the staff's request for approval of a Second Amendment to the MBA Professional Services Agreement in order to revise the EIR currently being processed for the revised project. However, such an action would likely mean that the applicant would prepare additional environmental analysis and the consultants used would not be working under the direction and review of the City.