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HomeMy WebLinkAbout0008_1_Nichols Mine Expansion CEQA - SR CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: May 10, 2016 PROJECT: First Amendment to a Professional Services Agreement for the Preparation of Environmental Documentation for the Nichols Mine Expansion. Recommendation AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH T&B PLANNING FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTATION FOR THE NICHOLS MINE EXPANSION IN AN AMOUNT NOT TO EXCEED $22,718.75. Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant (Eric Werner, Nichols Road Partner LLC) through the application fee process. The City Council approved and authorized the City Manager to enter into a contract with T&B Planning to prepare the California Environmental Quality Act (CEQA) compliance documents for the Nichols Mine Expansion project in an amount not to exceed $144,890. Discussion The applicant has applied for an amendment to the previously approved Surface Mining and Reclamation Plan (RP 2006-01). The full measure of the proposed amendment is not known at this time due to the significant amount of preparatory work needed to analyze the environmental impacts associated with any modifications to the Mining operations. In Page 1 order to fully address and analyze any potential impacts, the City engaged a consultant to facilitate the preparation of the necessary technical studies that were subsequently used in the consultant’s preparation of the necessary CEQA documents. T&B Planning was determined to be the most appropriate consulting firm as they are included on the City’s CEQA Consultant Master List (Updated July 11, 2014) and have provided previous consulting services for previous entitlements located on the subject site. The Draft EIR (State Clearinghouse Number 2006051034) was circulated for comment beginning Friday, January 8, 2016 and ending on Monday, February 22, 2015. The City received several comment letters that were transmitted to the applicant and consultant. In review of the comment letter and in consultation with their legal counsel, the applicant requested that the draft EIR be updated to reflect the comments received and recirculate the EIR for another comment period. The additional work required to recirculate the EIR was not included in the original Professional Services Agreement, therefore necessitating approval of an amendment to the original agreement to cover the costs associated with this additional work. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All staff administrative time and consultant costs are paid from the applicant’s fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the Nichols Mine Expansion project. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: A. Personal Services Agreement B. First Amendment Page 2