TO: Board of Supervisors
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Donald Barrella - Principal Planner
SUBJECT: Approval of Amendment No. 2 to Agreement No. 200199B with Land Logistics, Inc.
RECOMMENDATION
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Approve and authorize Amendment No. 2 to Agreement No. 200199B with Land Logistics Inc., to increase the maximum to $115,074 and extend the term to June 30, 2026 with an automatic rollover for two additional fiscal years to provide Surface Mining and Reclamation Act lead agency inspections for the Napa Quarry facility. (Fiscal Impact: $47,895 Expense; General Fund; Budgeted; Discretionary)
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BACKGROUND
On November 25, 2019 the County signed a Professional Services Agreement (Agreement) with Land Logistics Inc. to obtain specialized services, as authorized by Government Code section 31000, in order to conduct annual SMARA (Surface Mining and Reclamation Act) lead agency inspections required under Public Resources Code Section 2774 for the Napa Quarry Facility (Mine ID #91-28-0004) and associated Surface Mining Permit (#P08-00337-SMP). The original agreement had a maximum compensation of $26,904 and expired on June 30, 2022.
The first amendment to the Agreement occurred on May 17, 2022, to authorize the extension of the term of the original Agreement to expire on June 30, 2023, with an automatic rollover for two more fiscal years and increase the maximum compensation to $67,179.
The Director of Planning, Building and Environmental Services (PBES) would like to increase the maximum compensation to $115,074 and extend the terms of the agreement to June 30, 2026, with an auto rollover for two more fiscal years. All costs of the consultant are paid for by the operator/permittee.
Annual Surface Mining Inspections and Inspection Reports (or MRRC-1 Reports) are submitted to the State Division of Mine Reclamation (DMR) by the County to determine if the operation is in compliance with Surface Mining and Reclamation Act (SMARA) and permit conditions. The MRRC-1 Report also provides the opportunity to annually review and adjust the Quarry's Financial Assurance Cost Estimate (FACE).
To provide a more robust and consistent inspection and reporting process, and MRRC-1 Reports, PBES contracted Land Logistics to assist and support PBES with conducting and preparing the Quarry's 2019 and 2020 MRRC-1 inspections and inspection reports. Land Logistics is a firm that specializes in assisting government agencies only with SMARA inspection and reporting.
While SMARA is primarily intended to implement State mining requirements, the Annual MRRC-1 Report is the key SMARA Lead Agency reporting and compliance tool and is the mechanism the County is utilizing to report and document Quarry compliance with both the Facility’s Surface Mining Permit (SMP - #P08-00337-SMP) and SMARA.
The Napa Quarry SMP was approved on appeal by the Board of Supervisors on October 18, 2016: upholding the Planning Commission's November 18, 2015, approval of the Quarry's SMP. In August of 2022, Vulcan Materials Company acquired Syar Industries Inc., and has been operating the facility, and doing business as Napa Quarry since.
Requested Action:
Approve and authorize Amendment No. 2 to Agreement No. 200199B with Land Logistics Inc., to increase the maximum to $115,074 and extend the term to June 30, 2026 with an automatic rollover for two additional fiscal years to provide Surface Mining and Reclamation Act lead agency inspections for the Napa Quarry facility.
FISCAL & STRATEGIC PLAN 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? |
Budgeted in CEQA subdivision 17000-02 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
This amendment is necessary in order to continue robust and consistent inspections and inspection reports of the Napa Quarry facility. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
No fiscal impact is expected to occur as a result of this amendment because the costs will be passed on to the project permittee/operator. |
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Consequences if not approved: |
Robust and consistent inspections of the Napa Quarry could be compromised. |
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.