TO: Board of Supervisors
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Sean Trippi - Supervising Planner
SUBJECT: FCS International, Inc. Professional Services Agreement
RECOMMENDATION
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Approve and authorize Agreement No. 260347B with FCS International, Inc. dba FirstCarbon Solutions for a maximum compensation of $159,460 and a term through June 30, 2027 to conduct an Environmental Impact Report, in accordance with the California Environmental Quality Act, for the proposed E & P Technology Way - Buildings A & B. (Fiscal Impact: $159,460; General Fund; Budgeted; Discretionary)
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BACKGROUND
On August 30, 2022, Dennis Paulley, E & P Properties, Inc. (“Applicant”), filed Use Permit Applications to construct an approximately 143,312 square foot winery (P22-00307-UP) and an approximately 66,915 square foot speculative warehouse/distribution building (P22-00308-UP). The winery is proposed on a 13.2-acre property, and the speculative warehouse/distribution building is proposed on two lots totaling 6.87 acres which would be combined prior to construction. The project sites are located between Technology Way and Sheehy Creek, east of Morris Court within the boundaries of the Napa Valley Business Park Specific Plan in unincorporated Napa County, California. (Assessor’s Parcel No. 057-250-030, -031 & -032)
On November 19, 2024, a lengthy comment letter was submitted on behalf of the Napa-Solano Residents for Responsible Development, represented by Tara C. Renifo of Adams, Broadwell, Joseph & Cardozo. The letter raised concerns about the adequacy of the proposed environmental document. Comment letters were also received from the California Department of Fish and Wildlife, dated November 15, 2024, and Water Audit California, dated November 19, 2024. On November 20, 2024, the Planning Commission held a public hearing. After considering the public comments received, the item was continued to a date uncertain to allow the applicant and staff time to address questions and concerns raised in the comment letters.
A second Planning Commission hearing was scheduled for December 3, 2025. Additional comments were submitted by Adams, Broadwell, Joseph & Cardozo. Subsequently, the item was dropped from the agenda and the Applicant, in consultation with staff, elected to have an Environmental Impact Report (“EIR”) prepared for the proposed project.
Approval of this Agreement will allow the County to retain FCS, an environmental consulting firm, for purposes of assisting the County in preparing an EIR that will identify potential effects on the environment that could occur as a result of the project. In accordance with County policy, the Applicant will be responsible for funding the full contract amount plus costs related to staff management of the consultant. The Applicant will be required to submit a deposit in the amount of 20-percent of the contract dollar amount prior to FCS commencing preparation of the EIR.
The EIR process will include an updated CEQA initial study, the distribution of a Notice of Preparation (NOP) to nearby property owners, responsible agencies, and interested parties, and a publicly held scoping meeting. Release of the NOP is anticipated to occur later this year.
Requested Action:
Approve and authorize Agreement No. 260347B with FCS for a maximum of $159,460.00 (including optional tasks) for the term July 31, 2026, through June 30, 2027, with an automatic rollover at the end of each fiscal year for up to two (2) additional one-year terms, for purposes of conducting an environmental impact report (EIR), in accordance with the California Environmental Quality Act (CEQA), of the proposed Napa Valley Logistics Center project.
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
17000-02, Applicant CEQA Reviews, includes appropriations based on average expenditures for consulting services over the year. Any requested adjustments due to a higher-than-average need for consulting services would be brought before the Board of Supervisors for authorization. The Applicant pays for the full cost of the contract, plus County staff costs associated with consultant management, in accordance with Section 104(c) of Napa County’s Local Procedures for Implementing CEQA. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
An agreement to conduct an EIR is needed in order to conduct the required analysis of the proposed project in accordance with CEQA. An EIR conducted by an independent third party will allow County decision-makers to make a fully informed decision about the possible environmental consequences of the proposed project. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Depending on the extent of public comment received during the Draft EIR comment period and project public hearings, administration of the Agreement could extend into future fiscal years, with potential automatic extensions through June 30, 2028. In the event that the agreement extends into future fiscal years, revenue and expenditures would be budgeted accordingly. Consultant and consultant management costs would continue to be the responsibility of the Applicant to fund. |
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Consequences if not approved: |
The EIR will inform County decision-makers about the proposed project’s potential effects on the environment. If the Agreement is not approved, the County would be unable to conduct the required analysis of the proposed project in accordance with CEQA, and County decision-makers would be unable to make a fully informed decision about the possible environmental consequences of their action to approve or to deny the requested use permit. |
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Additional Information: |
Strategic Initiative: Elevate County Service and Workforce Excellence |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines), and therefore, CEQA is not applicable.