COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

DATE:

January 11, 2010

BOARD MEETING DATE:

January 26, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Four-fifths

TO:

Honorable Board of Supervisors

FROM:

Lisa Grote, Director of Community Development

SUBJECT:

Agreement with LSA Associates, Inc. for the Preparation of a Revised Environmental Impact Report for the Clos de la Tech Winery Project

RECOMMENDATION:

A)

Adopt a Resolution

1)

Waiving the Request for Proposal (RFP) process; and

2)

Authorizing the President of the Board to execute an Agreement between the County of San Mateo and LSA Associates, Inc. to prepare revised Draft and Final Environmental Impact Reports for the Clos de la Tech Winery Project, for the term January 26, 2010 through December 31, 2010, in an amount not to exceed $167,714; and

3)

Authorizing the Director of Community Development or the Director’s designee to execute subsequent amendments and minor modifications not to exceed an aggregate of $25,000 and to make minor changes in the types of services and activities provided under the Agreement

B)

Approve an Appropriation Transfer Request (ATR) in the amount of $167,714 from Unanticipated Revenue to Contractual Services.

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 Blvd. The applicant is still proposing to establish the winery within existing 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. 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, as part of the initial proposal, also proposed a countywide zoning text amendment that would limit annual bottling to 13,000 cases.

DISCUSSION:

As originally planned, the Final EIR was to have been completed in 2006. After some delays, the Draft EIR was released for public comment on July 22, 2008. Significant issues were raised during this public comment period. Based upon these issues, the applicant revised its project proposal to replace the proposed zoning text amendment with a Planned Unit Development overlay rezoning of just the project parcel. Additionally, the applicant has developed further information that must be peer reviewed prior to its inclusion within the revised EIR.

The contract with the original EIR consultant, ESA, has expired. After discussions between ESA, the County and the applicant, staff determined that a new consultant should be retained by the County to peer review the information submitted by the applicant and to assist County staff with revising the draft EIR. Because of the protracted history of this project’s EIR process and the nature of the applicant’s proposal (a winery which is tied to growing seasons), staff decided to approach only two new consulting firms for service contract proposals: LSA Associates and EIP Associates. EIP Associates chose not to respond to the County’s request. LSA Associates did submit a proposal. Because of the complexity and timeliness of this project, staff recommended that it is in the best interest of the County to waive the normal Request for Proposal process and move forward with LSA Associates’ proposal.

Staff intends to complete the EIR process by May of 2010. The additional analysis and revisions of the EIR will cost $167,714, to which the applicant has agreed.

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 Agreement as to form, and Risk Management has reviewed and approved the related insurance coverages.

The proposed contract contributes to the 2025 Shared Vision outcome of a Livable Community by funding a contract that will provide sufficient information about potential environmental impacts of this revised project upon which to make an informed decision regarding this land use request.

Performance Measure:

Measure

FY 2009-10
Estimated

FY 2010-11
Projected

Percent of compliance with California Environmental Quality Act requirements

100%

100%

FISCAL IMPACT:

The term of the Agreement is from January 26, 2010 through December 31, 2010. The total obligation under this Agreement is $167,714 and is funded entirely by the applicant, T.J. Rogers. The ATR will set up the appropriation in the Planning budget to pay for this Agreement. There is no Net County Cost impact.