Title
Adopt a resolution to:
a. Amend an existing Pavement Maintenance Agreement between San Benito Supply Inc. and the County of Monterey extending termination date to March 30, 2045 (Amendment No. 1).
b. Authorize the Chair to execute Amendment No.1 and
c. Direct the Clerk of the Board to submit Amendment No.1 to the Recorder for filing.
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to:
a. Amend an existing Pavement Maintenance Agreement between San Benito Supply Inc. and the County of Monterey extending the termination date to March 30, 2045 (Amendment No. 1).
b. Authorize the Chair to execute Amendment No. 1 and
c. Direct the Clerk of the Board to submit Amendment No.1 to the Recorder for filing.
SUMMARY/DISCUSSION:
On March 30, 2005, the Planning Commission approved a Conditional Use Permit and Reclamation Plan (PLN010239) for San Benito Supply to allow the establishment and operation of hillside hardrock, sand, and gravel aggregate quarry with an associated on-site rock processing plant that reduces the size of mined rock to construction materials specifications with a maximum annual production of 300,000 tons. The operation is located on approximately 197 acres of a 425-acre property commonly known as the Hidden Canyon Quarry (Attachment D). The project is located approximately 1.7 miles northwest of the intersection of Metz Road and Elm Avenue, in the vicinity of the City of Greenfield.
Condition of Approval No. 71 requires the applicant (“Owner”) and the County of Monterey (“County”), collectively referred as to the “parties”, to enter into a Pavement Maintenance Agreement and develop a pavement maintenance and rehabilitation program for Metz Road and Elm Avenue (Attachment 1) impacted by the Hidden Canyon mining operations. On June 01, 2006, the parties entered into a Pavement Maintenance Agreement (Attachment C). The Pavement Evaluation Study, Maintenance, and Rehabilitation Strategy for Metz Road and Elm Avenue, by Kleinfelder, dated August 3, 1999. The Kleinfelder study outlined a twenty (20) year maintenance and rehabilitation strategy to maintain an average baseline Pavement Condition Index (PCI) of 54 for Metz Road and Elm Avenue.
The term of this agreement is set to terminate on the first to occur of (i) March 30, 2045, or (ii) termination of the Use Permit. All other terms and conditions of the agreement remain the same.
The Conditional Use Permit expired March 30, 2025. The applicant is currently processing an extension of the use permit (PLN010239-EXT1) to continue mining operations for an additional 20 years. Approval of Amendment No. 1 to the maintenance agreement satisfies condition of approval No. 70 and allows the Conditional Use Permit extension to move forward.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed Amendment No. 1 as to form. HCD-Engineering Services coordinated with PWFP staff on this amendment.
FINANCING:
Staff costs to prepare this report are included in the FY2024-25 Adopted Budget for Housing and Community Development Department (HCD) Appropriation Unit HCD002, Unit 8543. The cost of the maintenance agreement processing is funded with applicant fees.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The recommended action supports the Board of Supervisors’ Strategic Initiative for Economic Development and Public Safety.
Prepared by: Armando Fernandez, P.E., Senior Civil Engineer HCD-Engineering Services
Reviewed by: Joshua Bowling, CBO, CCEO Chief of Building Services, HCD
Approved by: Craig Spencer, ACIP, Director of Housing and Community Development
The following attachments are on file with the Clerk of the Board:
Attachment A - Draft Resolution
Attachment B - Amendment No. 1 - Pavement Maintenance Agreement
Attachment C - Original Agreement
Attachment D - Vicinity Map