Title
a. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Funding Agreement (FA) with 101 Red Barn, LLC, for the amount of $19,213 to fund a biological and environmental review, along with administrative costs and a contingency fee, for a term beginning upon execution through December 31, 2025;
b. Approve and authorize the HCD Director or their designee to execute a Professional Services Agreement (PSA) with SWCA Environmental Consultants, Inc., for the amount of $14,779 to provide biological and environmental review services related to a use permit (PLN140602), for a term beginning upon execution through December 31, 2025; and
c. Authorize the HCD Director or their designee to execute future amendments to both Agreements where the amendments do not significantly alter the scope of work or increase the Agreements' amount by more than 10% ($1,922 and $1,478 respectively) for a total not to exceed amount of $21,135 and $16,257 respectively, subject to review by County Counsel.
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Housing and Community Development (HCD) Director or their designee to execute a Funding Agreement (FA) with 101 Red Barn, LLC, for the amount of $19,213 to fund a biological and environmental review, along with administrative costs and a contingency fee, for a term beginning upon execution through December 31, 2025;
b. Approve and authorize the HCD Director or their designee to execute a Professional Services Agreement (PSA) with SWCA Environmental Consultants, Inc., for the amount of $14,779 to provide biological and environmental review services related to a use permit (PLN140602), for a term beginning upon execution through December 31, 2025; and
c. Authorize the HCD Director or their designee to execute future amendments to both Agreements where the amendments do not significantly alter the scope of work or increase the Agreements' amount by more than 10% ($1,922 and $1,478 respectively) for a total not to exceed amount of $21,135 and $16,257, respectively, subject to review by County Counsel.
SUMMARY/DISCUSSION:
101 Red Barn, LLC (Project Applicant), submitted a request for amendments to existing use permits to expand vendor and parking areas, address outstanding code enforcement cases, and to expand the Red Barn Project to allow for expanded uses such as social and corporate events. The complete application and related Initial Study and Mitigated Negative Declaration were brought before the Planning Commission in a duly noticed hearing on December 11, 2024. The Planning Commission supported the Project, and the decision was timely appealed on grounds that the Initial Study was not sufficiently thorough. The County identified the need for biological and environmental review before proceeding with a new decision. The Appellants agreed to hold proceedings until an appeal hearing, which will occur before the Board after these tasks are complete. The Project Applicant has agreed to fund biological reporting by a qualified biologist that will support County’s updating the Biological Resources chapter of the Initial Study. When the Initial Study is updated and any required recirculation is complete (if needed), the Appellants and the Applicant will agree on an appeal hearing date.
The Parties have decided to enter into an agreement with SWCA Environmental Consultants, Inc., to provide the required biological and environmental review services for the Project. The Project Applicant, through the Funding Agreement, will fund the required biological and environmental review services, administrative costs incurred by the County, and a contingency fee.
OTHER AGENCY INVOLVEMENT:
The Offices of the County Counsel and Auditor-Controller have reviewed the PSA as to form and legality, and fiscal provisions, respectively.
FINANCING:
Staff costs to manage the contracts and professional services for this project are funded by the Project Applicant through the Funding Agreement. HCD application fees will cover additional staff costs and are included in the FY2025-26 Adopted Budget in Appropriation Unit HCD002, Unit 8543.
Prepared by: Shandy Carroll, HCD Management Analyst III, (831) 784 5643
Reviewed by: Mary Israel, Supervising Planner
Approved by: Melanie Beretti, AICP, Chief of Planning
The following attachments are on file with the Clerk of the Board:
Attachment 1 - Draft Funding Agreement