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:

Fourth Amendment to Agreement with Environmental Science Associates (ESA) for the Preparation of an Environmental Impact Report for the Pilarcitos Quarry Expansion Project

RECOMMENDATION:

A)

Adopt a Resolution authorizing the President of the Board to execute a Fourth Amendment to the Agreement between the County of San Mateo and Environmental Science Associates for preparing Draft and Final Environmental Impact Reports for the Pilarcitos Quarry Expansion Project to increase the maximum amount payable thereunder by $176,113 from $358,094 to $534,207; and

B)

Approve an Appropriation Transfer Request (ATR) in the amount of $176,113 from Unanticipated Revenue to Contractual Services.

BACKGROUND:

On March 7, 2006 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 the expansion of an existing quarry located at 11700 Highway 92. The applicant is proposing to expand mining operations onto a west-facing slope located adjacent to and immediately north of the current mining area in Phase 1. This expansion area is approximately 20.48 acres in size. The applicant has future plans (over a 20+-year period) to conduct additional mining operations on 117 acres of the total 593-acre project site.

DISCUSSION:

As originally planned, the Final EIR was to have been completed in early 2007. However, the contract was amended on May 15, 2007 to extend the term to June 30, 2008 to allow additional time for the consultants to complete their work. The Administrative Draft version of the EIR (ADEIR) was delivered to the County in September 2007. At that point, after a series of meetings, the applicant requested a delay while they prepared project alternatives for consideration in the EIR. Because of

the complexity of this project and the alternatives, staff requested the consultant to do a more robust analysis of the alternatives than would normally be included in an EIR. After additional analysis, the applicant voluntarily withdrew their original project design and replaced it with a new, highly revised project design. Because of the extensive changes in the proposed project, most of the 2007 ADEIR must be revised with new analysis. Specifically, the proposed Amendment includes the performance of the following key tasks:

1. Prepare Revised Project Description

2. Prepare New Notice of Preparation

3. Prepare Revised Administrative Draft EIR

4. Respond to Comments

5. Prepare Final EIR and Mitigation Monitoring Report

Staff hopes to complete the EIR process by the end of 2010. The additional analysis and re-writing of the ADERI will require an additional $176,113, 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 Amendment as to form.

The proposed Amendment contributes to the 2025 Shared Vision outcome of a Livable Community by funding a contract that will provide sufficient information about potential 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 proposed Fourth Amendment to the Agreement with ESA increases the maximum amount payable thereunder by $176,113, from $358,094 to $534,207, which is being paid for by the applicant, West Coast Aggregates. There is no Net County Cost impact associated with the proposed Amendment.