2005 AGN NOV 01 I06 - Laserfiche WebLink

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ITEM #6 CtTY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF NOVEMBER 1, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Approval of a Professiohal 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: October 20, 2005 BACKGROUND: On November 16, 2004, the City Council approved a Modification to the Conditional Use Permit (CUP No. C-5-86) for Pacific Rail Industries to allow the relocation and re-assembly of a metal shredding facility and a fifty percent increase in transloading activity. The approval action included the Certification of an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) in compliance with the Califomia Environmental Quality Act (CEQA). The EIR was prepared by Michel Brandman Associates, an environmental consultant under contract to the city. Pacific Rail Industries received approval of the original CUP No. C-5-86 in 1986 for the development and operation of a rail dismantling and salvage operations facility at 785 East "M" Street. On December 2, 2004, Hugo Neu-Proler Company d.b.a. Colton Iron and Metal (CIM) filed a Writ of Mandate with the Superior Court of the State of California for the County of San Bernardino alleging the City of Colton violated CEQA and contended that the EIR does not comply with CEQA in 13 areas. Due to the legal action filed by CIM, the applicant has been unable to start with the project. On October 18, 2005, the Court issued a Statement of Decision on this matter and found that the EIR needed additional clarification in the following areas: (1) Traffic, (2) Hazardous Materials, (3) Air Quality, and (4) Recirculation of the EIR. The applicant has accepted the Court's decision and has requested that the City initiate the additional environmental analysis to address the problems associated with the three referenced environmental factors and the re-circulation of the EIR as identified by the court. ANALYSIS/DISC USSIO N: As noted above, the Environmental Impact Report was prepared by Michael Brandman Associates, under a professional services agreement with the City. All costs associated with the environmental work prepared by MBA were paid to the city by the applicant. In addition, MBA provided assistance to the City Attorney in preparing the Administrative Record that was required by the Court in consideration of the case. Colton Municipal Code, Section 3.08.140(E) provides that bidding of professional services is not required "[W]hen the city manager determines that it is in the best interest of the city and its administrative operations to dispense with public bidding for non-public projects...." ORANGE�MXM�21269.1