COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

April 30, 2007

BOARD MEETING DATE:

May 15, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Four-fifths

TO:

Honorable Board of Supervisors

FROM:

Lisa Grote, Director of Community Development

SUBJECT:

Amendment to Agreement with Environmental Science Associates (ESA) for the Preparation of an Environmental Impact Report for the Clos de La Tech Winery Project

RECOMMENDATION

A)

Adopt a Resolution:

1)

Authorizing the execution of an Amendment to the Agreement with Environmental Science Associates to prepare Draft and Final Environmental Impact Reports for the Clos de La Tech Winery project to extend the term from March 1, 2005 to December 31, 2008 and increase the amount by $67,600 from $191,615 to $259,215

2)

Authorizing the Director of Community Development or the Director’s designee to execute contract amendments which modify the County’s maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions

B)

Authorize an Appropriation Transfer Request (ATR) in the amount of $67,600 from Unanticipated Revenue to Contractual Services

VISION ALIGNMENT

Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

This Amendment contributes to the goal by providing the Board of Supervisors with sufficient information about potential impacts of this project upon which to make an informed decision regarding this land use request.

Performance Measure(s):

Measure

FY 2006-07
Actual

FY 2007-08
Projected

Percent of compliance with California Environmental Quality Act requirements

100%

100%

BACKGROUND

On March 1, 2005 the County entered into a multi-phase Agreement with Environmental Science Associates (ESA) to perform environmental consulting services to prepare a Draft Environmental Impact Report (DEIR) and a Final Environmental Impact Report (FEIR) and a Mitigation Monitoring Reporting Program for a proposed winery located at 19775 Skyline Boulevard. The applicant is proposing to establish the winery within caves on the project parcel. Within the caves will be winery operations (crushing, bottling, and storage), winery offices, and living quarters for up to six people. These living quarters are actually in the house above the caves. At a different location on the property will be living quarters for 12 farm laborers. The grapes for the winery will be grown on-site. The applicant has also proposed a zoning text amendment that would limit annual bottling to 13,000 cases.

DISCUSSION

The Final EIR was to have been completed by June 30, 2006. However, unforeseen additional studies and changes in the project description have delayed completion of the Draft EIR. Staff expects having a Draft EIR for public comment by the end of 2007. However, an extension to December 31, 2008 is being requested to accommodate any additional unanticipated issues if they arise.

In addition to extending the term of the Agreement, the proposed Amendment includes the following modifications to the original Scope of Work that will require an additional $67,600 to complete:

1.

Water Monitoring Study – includes monitoring suspended sediment concentrations and flow volumes in Langley Creek;

2.

Additional Meetings – includes five additional meetings with County staff and reviewing bodies;

3.

Response to Comments – additional time and expense of reviewing comments and data from the public;

4.

Change in Contract Rate – during the time period between the lapse of the original contract and this proposed extension, the EIR consultants’ rates have increased.

The Contractor has assured compliance with the County's Contractor Employee Jury Service Ordinance, as well as all other contract provisions that are required by County ordinance and administrative memoranda, including but not limited to insurance, hold harmless, non-discrimination and equal benefits. The County Manager has approved the waiver of the extension of the contract beyond the three-year requirement.

County Counsel has reviewed and approved the Resolution and Amendment as to form.

FISCAL IMPACT:

The proposed Amendment increases the amount of the Agreement by $67,600 for a total of $259,215, which is being paid for by the applicant, T.J. Rogers. The proposed Amendment will extend the term from June 30, 2006 until December 31, 2008 to allow for additional time to complete the remaining work. There is no Net County Cost impact associated with this Amendment.