Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

VACANT

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

 

Bob Tiffany

District No. 4
Vice-Chair

Bea Gonzales

District No. 5
Chair


Item Number: 3.



MEETING DATE:  4/12/2022

DEPARTMENT:
RESOURCE MANAGEMENT AGENCY

DEPT HEAD/DIRECTOR: Abraham Prado, Asst. Director - Planning and Building

AGENDA ITEM PREPARER: Joel Ellinwood

SBC DEPT FILE NUMBER: 790

SUBJECT:

RESOURCE MANAGEMENT AGENCY - A. PRADO, ASST. DIRECTOR - PLANNING AND BUILDING

Presentation on SB 18 and AB 52 Tribal Consultation Process and Designate County Representatives for pending consultations regarding Betabel CUP and Strada Verde Innovation Park Projects.

SBC FILE NUMBER: 790



AGENDA SECTION:

REGULAR AGENDA

BACKGROUND/SUMMARY:

Tribal consultation consultant and planner Ethan "Red Eagle" Lawton will present a brief overview and best practices summary of California statutory requirements for conducting consultations between county and tribal governing bodies. Mr. Lawton is a Tribal Liaison and Associate Planner with SHN, a Civil Engineering, Environmental Services, Geosciences, Planning, and Surveying firm with offices in northern California.

 

After amendments to the California Planning and Zoning Law by SB18 (Stats. 2004, Ch. 905), Government Code section  65352.3, et seq., state law mandates that before adopting any amendment to the County's general plan proposed on or after March 1, 2005 that the County conduct consultations with California Native American tribes for the purpose of preserving or mitigating impacts to places, features, and objects of any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine on public property or any historic or prehistoric ruins, any burial ground, any archaeological or historic site, any inscriptions made by Native Americans at such a site, any archaeological or historic Native American rock art, or any archaeological or historic feature of a Native American historic, cultural, or sacred site on public or private property, also known as tribal cultural resources.

 

The California Environmental Quality Act, following amendments adopted by AB52 (Stats 2014, Ch. 532), Public Resources Code section 21080.3.1, et seq. similarly mandates consultation with California Native American tribes that are  traditionally and culturally affiliated with a geographic area that may be affected by a project prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project.

 

The tribe or tribes to be consulted shall be those identified by the California Native American Heritage Commission (NAHC) that respond to written notifications required to be sent by the County within certain time frames. Consultation is to begin within 30 days of receipt of notification from tribal representatives that they want to engage in consultation.

 

On March 20, 2022, the Amah Mutsun Tribal Band requested formal tribal consultation with regards to the Betabel Conditional Use Permit application, per AB52 and the Strada Verde Innovation Park project application per SB18 and AB52. The County should commence consultation within 30 days of that request. Other Native American tribes identified by the NAHC may also request consultation regarding either or both projects.

 



RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:

No

CONTRACT NEEDED FOR THIS ITEM:

No

CONTRACT AND RFP HISTORY:

N/A Consulting contract within Department Director discretionary authority, reimbursable by developer permit processing fees.

LAST CONTRACT AMOUNT OR N/A:

N/A

STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:

N/A

STRATEGIC PLAN GOALS:



BUDGETED:

Yes

Budget Adjustment Needed: No

Unfunded Mandate (Is this a mandate not funded by the State): Yes

SBC BUDGET LINE ITEM NUMBER:



Source of Funding:

CURRENT FY COST:

$1,150.00

STAFF RECOMMENDATION:

Staff recommends that the Board of Supervisors designate the County's Assistant Director of Planning and Building and the Principal Planner as the primary contact persons on behalf of the County of San Benito, assisted by County Counsel as legal advisor, to engage in tribal consultations for General Plan amendments under SB18, and/or under CEQA, per AB52. In the Board of Supervisors' discretion, the Board may  designate one or two members of the Board of Supervisors to monitor or participate in the consultations. The desired action can be taken by motion and Board order reflected in the minutes and action summary of the meeting.

BOARD ACTION RESULTS:

Accepted presentation and designated primary contact persons per staff recommendation. (5/0 vote)
ATTACHMENTS:
DescriptionUpload DateType
Request for Tribal Consultation from Amah Mutsun Tribal Band3/22/2022Correspondence
Introduction to Tribal Consultation Process and Best Practices4/6/2022Presentation
Red Eagle Introduction Letter4/6/2022Backup Material