BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: August 20, 2024
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: John Doughty, Assistant City Manager
Ocoee Wilson, Associate Planner
TITLE: STONE PINE COVE—BIOLOGICAL MONITORING
_____________________________________________________________________________ RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with SWCA Environmental Consultants in the total amount of $205,652.31 to provide biological monitoring during construction activities at the Stone Pine Cove Affordable Housing Project located on a portion of 880 Stone Pine Road.
FISCAL IMPACT:
Funding for the proposed work is available through State grant funds made available to the City specifically for the Stone Pine Cove affordable housing project and will have no impact on the City’s General Fund.
STRATEGIC ELEMENT:
This action supports the Healthy Communities and Public Safety, and Inclusive Governance Elements of the Strategic Plan.
BACKGROUND:
On December 11, 2023, the Half Moon Bay Community Development Director issued an Emergency Coastal Development Permit (PDP-23-090) jointly to the County of San Mateo and the City of Half Moon Bay. The Emergency Coastal Development Permit (ECDP) conditionally permits the development of a new neighborhood (presently referred to as “Stone Pine Cove”) comprised of manufactured homes for low-income households located at 880 Stone Pine Road.
The neighborhood includes a total of 47 manufactured homes with 46 designated for purchase by low and lower-income farmworker households and one additional unit for an on-site manage along with associated neighborhood infrastructure (e.g., access drives and utilities). Site amenities include public open space, two shared parking areas, and landscaping. The project includes the development of 28 units under the Joe Serna Farmworker Grant Program which will be made available to qualified (very low-income) farmworkers, including the households displaced by the January 23, 2023, shooting incident.
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The emergency farmworker housing development was deemed to be statutorily exempt pursuant to CEQA Statute Section 21080(b)(4) and CEQA Guidelines Section 15269 in that it consists of specific actions necessary to prevent or mitigate an emergency. The existing mitigation measures were applied to the Stone Pine Cove project as well as other standard conditions that address environmental conditions including protection of Pilarcitos Creek and reduce potential impacts to neighboring properties (e.g. hours of operation and other noise and dust control measures).
SWCA Environmental Consultants previously oversaw the preparation of the Initial Study/Mitigated Negative Declaration and related special studies (including biological and cultural resources) associated with the City Corporation Yard project and the 880 Stone Pine Road property as a whole. SWCA also provided environmental monitoring during construction of that project. SWCA is currently preparing the IS/MND for the Stone Pine Cove project.
On April 1, 2024, the City Manager executed a Professional Services Agreement with SWCA to provide biological monitoring services for the Stone Pine Cove project construction. SWCA staff have been on-site monitoring activities since commencement of construction on May 23rd.
DISCUSSION:
The City and County worked with SWCA to develop a scope of work and cost proposal which we both felt would be adequate. Over the course of the project construction, it has become obvious that additional biological monitoring and project oversight is necessary given the contractor, the number of subcontractors working on the site, and proximity to Environmentally Sensitive Habitat (ESHA), etc.
Recently, SWCA observed two California red-legged frog, a listed species, trapped in a remnant underground vault (from former nursery operation) on the edge of the project site. SWCA has reached out to California Department of Fish and Wildlife (CDFW) for guidance and is now authorized to relocate the frogs to the Pilarcitos Creek. The work is required to be completed by a biologist certified for a 10(a)1(A) recovery permit. In the meantime, SWCA has been providing additional oversight and working with the contractor on a program allowing hand work near the CRLF to protect the frogs and to protect the City/County from a claim for a taking of a listed species. The scope of work includes the cost of relocation under federal permit.
The purpose of the requested Amendment No. 1 to the Professional Services Agreement with SWCA is to modify the scope of services to reflect current and anticipated needs to finish construction. The scope includes optional (additional) on-site monitoring which may or may not be necessary. Staff is recommending including the additional monitoring time but will only authorize the work only if necessary. The total cost of services is increasing to a maximum of $205,652.31 which includes 300 plus hours of on-site monitoring and oversight and the relocation of two California red-legged frogs under 10(a)1(A) permit.
ATTACHMENTS:
1. Resolution
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RESOLUTION NO. C-2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SWCA, INC, IN THE TOTAL AMOUNT OF $205,652.31, FOR
BIOLOGICAL MONITORING AND RELATED SERVICES FOR THE STONE PINE COVE AFFORDABLE HOUSING PROJECT ON A PORTION OF 880 STONE PINE ROAD
WHEREAS, on January 23, 2023, a horrific shooting incident occurred on two farms located in and adjacent to the City limits; and
WHEREAS, nineteen households were displaced as a result of the incident. These households have and will continue to be temporarily housed pending completion of new affordable housing; and
WHEREAS, soon after the shooting incident, the City and County began discussions on possible locations for permanent affordable farmworker housing to assist those families displaced; and
WHEREAS, on December 4, 2023, a joint application was filed by the County of San Mateo and the City of Half Moon Bay seeking approval of an Emergency Coastal Development Permit (ECDP) for the Stone Pine Cove affordable housing project located on approximately 5 acres of land owned by the City; and
WHEREAS, on December 11, 2023, the Community Development Director issued an Emergency Coastal Development Permit for 47 affordable single-family manufactured homes including 1 designated for in-site manager (referred to as Stone Pine Cove); and WHEREAS, on May 2, 2024, the City entered into a Professional Services Agreement with SWCA, Inc. for biological monitoring during construction of Stone Pine Cove in the amount of $29,924; and
WHEREAS, on May 23, 2024, construction commenced on-site; WHEREAS, SWCA has been providing biological monitoring services for Stone Pine Cove since commencement of construction; and
WHEREAS, based on the complexity of the project combined with the unpredictability of wildlife, there is a need for a substantial change in scope of services and increase in costs.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute Amendment No. 1 to the Professional Services 178
Agreement with SWCA, Inc., for biological monitoring at Stone Pine Cove in the maximum total amount of $205,562.31.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 20th day of August 2024, by the City Council of Half Moon Bay by the following vote:
Ayes, Councilmembers: __________________________________ Noes, Councilmembers: __________________________________ Absent, Councilmembers: __________________________________ Abstain, Councilmembers: __________________________________ ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Joaquin Jimenez, Mayor
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July 15, 2024
The Honorable David Alvarez
California State Assembly
1021 O Street, Room 5320
Sacramento, CA 95814
RE: AB 2560 (Alvarez): Density Bonus Law: California Coastal Act of 1976 Coastal City of Half Moon Bay – Notice of Opposition
Dear Assembly Member Alvarez,
On behalf ofthe City of Half Moon Bay, I write to express our regretful opposition to your AB 2560 which proposes amendments to the Density Bonus Law (DBL) as it pertains to the California Coastal Act of 1976. Current amendments present a significant shift in housing oversight and state authority that are extremely problematic for local governments. We recognize that these amendments were proposed by the Senate Natural Resources Committee and may not be entirely reflective of your intentions with this measure.
AB 2560 proposes to eliminate Section 30500.1 from the Public Resources Code, a provision that has been part of Coastal Act law since the 1980s and stipulates that "No local coastal program shall be required to include housing policies and programs." The removal of this provision could have extensive implications. The original intent of this language was to limit the Commission’s authority from mandating the inclusion of housing policies and conditions in the LCP process. Without this safeguard, the Commission may gain additional authority to impose various housing conditions outside the scope of the DBL. This could include requiring new housing projects to adhere to additional inclusionary zoning percentages beyond those already established by local jurisdictions.
Additionally, the latest amendments set a deadline on July 1, 2026, for all local governments within the coastal zone to submit an amendment to their LCP certification and that it is comprehensively updated to incorporate the applicable provisions of DBL. Requiring all coastal cities and counties to update their LCPs by July 1, 2026, is an unfunded mandate that will inundate the Commission and delay the certification of LCPs to move forward with affordable housing projects that incorporate Density Bonus Law. LCP amendments are costly and time-consuming, for example, each amendment can range anywhere from several hundred thousand dollars to over a million dollars of local government staff time, local resources, and support.
While the City supports the goal of increasing affordable housing, we believe that the current Docusign Envelope ID: A0B97F6A-2E30-4E1C-B7FB-40F40C0AF18B 18036
amendments to AB 2560 create an extremely challenging situation, entangling local governments in planning approvals and hindering the actual development of affordable housing in the coastal zone.
For these reasons, the City of Half Moon Bay respectfully opposes AB 2560.
Sincerely,
Joaquin Jimenez
Mayor
City of Half Moon Bay
cc: Senator Josh Becker
Assembly Member Marc Berman
Docusign Envelope ID: A0B97F6A-2E30-4E1C-B7FB-40F40C0AF18B 18137