COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

April 20, 2009

BOARD MEETING DATE:

May 5, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Four-fifths

 
 

TO:

Honorable Board of Supervisors

   

FROM:

Lisa Grote, Director of Community Development

   

SUBJECT:

Third Amendment to Agreement with Impact Sciences for the Preparation of an Environmental Impact Report (EIR) for the Ticonderoga/Highland Estates Subdivision

 

RECOMMENDATION

A)

Adopt a Resolution authorizing a Third Amendment to the Agreement between the County of San Mateo and Impact Sciences, Inc. to prepare Draft and Final Environmental Impact Reports for the Ticonderoga/Highland Estates Subdivision to extend the term from December 31, 2009 to December 31, 2010 and to increase the maximum amount payable thereunder by $86,270, from $185,565 to $271,835; and

   

B)

Adopt a Resolution authorizing an Appropriation Transfer Request (ATR) in the amount of $99,950 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 Third 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

FY 2008-09 Estimate

FY 2009-10 Projected

Percent of compliance with California Environmental Quality Act requirements

100%

100%

BACKGROUND

On February 27, 2007, the County entered into a multi-phase Agreement with Impact Sciences, Inc. (Impact Sciences) to perform environmental consulting services to prepare an Environmental Impact Report (EIR) for a proposed subdivision located in the San Mateo Highlands Area of unincorporated San Mateo County. Originally, the proposal included 8 homesites, a remainder parcel, and an open space parcel. The Agreement included a budget of $114,305, with a term end date of June 30, 2008.

 

On September 11, 2007, the Board of Supervisors rezoned a portion of the parcel and the application was no longer in compliance with County Zoning Regulations. The applicant submitted a revised application to address the rezoning. The revised application eliminated the remainder parcel and included 3 additional home sites (11 total home sites) and a 92.43-acre open space parcel. On October 17, 2008, the Board approved the First Amendment to the Agreement for revision of the EIR to reflect the revised application, extending the term of the Agreement from July 1, 2008 to December 31, 2009 and increasing the maximum amount payable under the Agreement by $57,580 to $171,885. At the same time, the Board authorized the Community Development Director 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).

 

Subsequently, the applicant proposed a Zoning Text Amendment to the County’s Resource Management (RM) Zoning District regulations to allow reduced front and side setbacks for the 9 home sites located within the RM Zoning District. On November 6, 2008, the Community Development Director executed a Second Amendment to the Agreement to increase the maximum amount payable thereundert by $13,680 to $185,565 for the incorporation of the zoning text amendment into the EIR. The term of the contract was unchanged. At that time, no appropriation transfer request was processed.

 

The Draft EIR was made available to the public on December 19, 2008. The Planning Commission heard comments on the DEIR at two hearings held during the public comment period, which ended on February 17, 2009.

 

On February 2, 2009, Impact Sciences requested an additional $23,023 beyond that set forth in the Agreement for work necessary for resolution of technical issues relating to wildland fire hazard, potential wetland habitat and Greenhouse Gas Emissions analysis among other issues, as well as to address changes to the project description, within the DEIR that were not originally anticipated in the contracted budget. This is included as Exhibit “F”.

 

Also, during the public comment period, County staff determined that Treadwell and Rollo (the geotechnical consultant hired by Impact Sciences) had not met and conferred with Cotton, Shires and Associates, Inc. (geotechnical consultant hired by the San Mateo Highlands Community Association), as directed by the Board on October 7, 2008. The Community Development Director determined that re-circulation of the DEIR to include the results of the required meeting, and potentially revised geotechnical recommendations, would be necessary.

In light of this additional required work, Impact Sciences has submitted a revised scope of work, included at Exhibit“G” to this report, which includes the costs associated with re-circulation of the DEIR and additional geotechnical investigation and analysis by Treadwell and Rollo. This revised scope is based on discussions from the meeting among staff from Treadwell & Rollo, Cotton, Shires and Associates, Inc., County Planning and Building, and Impact Sciences, the County Geologist, and representatives from the applicant’s geological team, as well as subsequent communication among these parties.

 

This Third Amendment, now being sought, would fund the entire revised scope of work. Specifically, it increases the maximum amount payable under the Agreement by $86,270 to a total of $271,835 and extends the term of the Agreement to December 31, 2010.

 

DISCUSSION

The proposed Third Amendment includes an extension to the term of the Agreement to December 31, 2010, an increase in the maximum amount payable thereunder of $86,270, bringing the total budget to $271,835, and modifications to the approved scope of work. Specifically, the proposed Amendment includes the performance of the following tasks:

 

1.

$23,023 for work performed by Impact Sciences for resolution of technical issues and changes to the project description within the EIR that were not originally anticipated in the contracted budget. This is described in detail in Exhibit “F.”

2.

$63,247 for re-circulation of the Draft EIR and performance of additional geotechnical investigation. This is described in detail in Exhibit “G.”

 

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

 

FISCAL IMPACT

The proposed Third Amendment to the Agreement increases the maximum amount payable thereunder by $86,270 for a total of $271,835. The County is being reimbursed for this amount by the applicant, Ticonderoga Partners/Chamberlain Group. The proposed Third Amendment will extend the term of the Agreement from December 31, 2009 to December 31, 2010 to allow for additional time to complete the remaining work. Since no ATR in the amount of $13,680 was processed at the time of the authorization of the Second Amendment, the current ATR being authorized incorporates that amount, for a total of $99,950. There is no net County cost impact associated with this Third Amendment.