Inter-Departmental Correspondence





March16, 2009


March 31, 2009







Honorable Board of Supervisors



Lisa Grote, Director of Community Development



First Amendment to the Agreement with Christopher A. Joseph and Associates for the Preparation of an Environmental Impact Report for the Big Wave Project




Adopt a Resolution:



Authorizing the execution of a First Amendment to the Agreement with Christopher A. Joseph & Associates (CAJA) to prepare Draft and Final Environmental Impact Reports (EIR) for the Big Wave Project to extend the term from December 31, 2008 to June 30, 2010 and increase the maximum amount expendable thereunder by $137,700 from $204,402 to $342,102



Authorizing the Director of Community Development or the Director’s designee to execute contract amendments which modify the County’s maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions



Authorize an Appropriation Transfer Request (ATR) in the amount of $137,700 from Unanticipated Revenue to Contractual Services



Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.


This Amendment contributes to the goal by providing the Board of Supervisors with sufficient information about potential impacts of this project upon which to make an informed decision regarding this land use request.


Performance Measure:


FY 2008-09

FY 2009-10

Percent of compliance with California Environmental Quality Act requirements





On December 5, 2006, the County entered into an Agreement with CAJA to perform environmental consulting services to prepare a Draft Environmental Impact Report (DEIR), a Final Environmental Impact Report (FEIR) and a Mitigation Monitoring Reporting Program for a proposed mixed use (office/residential) project located on two parcels along Airport Street, northwest of the Princeton/Pillar Point Harbor area in unincorporated San Mateo County. The applicant, Big Wave LLC, proposed a four-building office park on the northern parcel and a wellness center (residential housing for developmentally disabled adults and a storage facility) on the southern parcel.

When the applicant decided to substantially revise the project, the DEIR was put on hold in late 2007. However, CAJA, with the County and the applicant’s consent, continued to do some work related to the DEIR, including peer-review of a second wetland delineation completed by the applicant’s biological consultant, and additional traffic analysis. Although this work was not included in the original scope for the DEIR, with the consent of the County and the applicant, it was paid for out of the original budget for the DEIR, with the understanding that a contract amendment would be required to complete the DEIR, based on a revised project description.

On September 18, 2008, the applicant submitted the Big Wave Project Draft Facilities Plan to the County Planning Department, which presents a revised Project Description that takes into account information learned through the previous wetland, biological, and traffic studies. The revised project includes four (4) three-story office buildings (previously two stories) in the Office Park, forty-five (45) resident-owned cooperative housing units (previously 36 one- and two-story apartment and condominium housing units) and twenty (20) units for staff at the Wellness Center, on-site wetland restoration, LEED green building design, options for on-site and off-site wastewater treatment, and options for water supply including groundwater and municipal service. A Notice of Preparation utilizing the revised project description was circulated by County staff and posted in the local paper for a 30-day public review period from November 5 to December 5, 2008. A public scoping meeting was conducted on November 18, 2008 to solicit feedback on the proposed revised project.



The proposed First Amendment includes an extension to the term of the Agreement and modifications to the original scope of work and budget. In order to complete the DEIR based on the revised project description, an FEIR and a Mitigation Monitoring Reporting Program, an extension of the term of the Agreement from December 31, 2008 to June 30, 2010 and an additional $137,700, from $204,402 to $342,102, are required. Specifically, the proposed Amendment includes the performance of the following key tasks:



Finalize Project Description


Prepare and Update Administrative Draft EIR (ADEIR)


Preparation of the DEIR


Preparation of FEIR and Mitigation Monitoring Program (MMP)


CAJA Staff attendance at two Planning Commission hearings and one Board of Supervisors hearing


Findings of Fact and Statement of Overriding Considerations


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 County Manager has approved the waiver of the extension of the contract beyond the three-year limit.



The proposed Amendment increases the maximum amount payable under the Agreement by $137,700, from $204,402 for a total of $342,102, which is being paid for by the applicant, Big Wave LLC. The proposed Amendment will also extend the term of the Agreement from December 31, 2008 until June 30, 2010, to allow for additional time to complete the remaining work. There is no Net County Cost impact associated with this Amendment.