HomeMy WebLinkAboutResolutions - No. 2001-51RESOLUTION NO. 2001-51
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AMENDMENTS TO THE
SAN JOAQUIN COUNCIL OF GOVERNMENTS
JOINT POWERS AGREEMENT
WHEREAS, the member agencies of the San Joaquin County Council of
Governments adopted an amended Joint Powers Agreement as of March 1, 1991; and
WHEREAS, the City of Lodi is a member agency of the San Joaquin Council of
Governments; and
WHEREAS, the Joint Powers Agreement requires further amendment in order to
effect various editorial and material changes in the agreement, including allowing SJCOG
to assume responsibilities under the SJMSCP.
NOW THEREFORE, BE IT RESOLVED, that the City of Lodi does hereby
approve the amendments to the Joint Powers Agreement as attached hereto as Exhibit
A.
Dated: February 21, 2001
I hereby certify that Resolution No. 2001-51 was passed and adopted by the Lodi City
Council in a regular meeting held February 21, 2001 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLA STON
City Clerk
2001-51
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1u1i.r E. Greene
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209468.3913 • 209. 468.1084 (fcr)
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Memorandum
TO: Dixon Flynn, Lodi City Manager
Rad Bartlam, Lodi Community Development Director
John Carlson, Stockton Community Development Director
Mike Niblock, Stockton Senior Planner
Everett L. Compton, Ripon City Administrator
Ernest Tyhurst, Ripon Planning & Building Director
David Baker, County Administrator
Ben Hulse, County Community Development Director
FROM: Julia E. Greene, Executive Directr,
RE: Implementing Agreement for Habita Plan
DATE: February 7, 2001
On December 29, 2000, the California Department of Fish and Game
(DFG) provided San Joaquin Council of Governments (SJCOG)
comments in regards to the Implementation Agreement (IA) for the San
Joaquin County Multi -Species Habitat Conservation and Open Space
Plan (see attached letter dated December 29, 2000). The comments
requested revisions that are solely technical clarifications, which do not
alter the substance of the IA.
On February 5, 2001, DFG agreed that the current version of the IA
(December 7, 2000 version) may be adopted by the participating local
jurisdictions with the condition that DFG's comments that are addressed
in a Letter of Clarification prepared by SJCOG (see letter dated January
19, 2001) is accepted as part of IA adoption by the participating local
jurisdictions. Therefore, please include DFG's letter and the Letter of
Clarification to your staff report. In addition, the recommendation in
regards to adopting the Implementation Agreement should be similar to
the following:
"Adopt the Implementation Agreement with the acceptance of revisions
outlined in the Letter of Clarification dated January 19, 2001 to the
California Department of Fish and Game"
If you have any questions, please call Jerry Park on my'staff at (209)
468-3913.
Thank You
r
SAN JOAQUIN COUNCIL OF GOVERNMENTS
6Soath El Dontdo St., Suire 400 • Stockton, C:ltornia 97303
209.468.3913 A 209.468.1084 (fu•)
www.rjcog.org
Dan Si1Lny January 19, 2001
CHAIRMAN
Alike Reinrcria
VICE CHAIRMAN
Ms. Angela Scott, Esquire
/•.lir! E. Greene
CA Department of Fish and Game
EXECUTIVE DIRECTOR
1416 Ninth Street
,tirernnerelyeneiet
Sacramento CA 95814
CITIE1 OF
ESCAION.
I.ArHmar.
Dear Ms. Scott:
LOOC.
AIAir". In response to our letter of December 29 2000, regarding the San Joaquin
alraN. 1� y regarding tl
sruc.raN. County Multi -Species Conservation Plan Implementation Agreement (IA). We
TRA`"' recognize the value of your comments and believe that we can accomplish your
AN
THE COUNTT aF goals of a better IA with a clarifying letter.
SAN )OAQ VlN
As the lead agency developing the HCP, the San Joaquin Council of Governments
(COG) has been consistently patient with the process and responsive to the
concerns of the state and federal resource agencies, including the Department of
Fish and Game (DFG). As a result, all of DFG's substantive issues have long
since been resolved. The IA revisions proposed by your comments are not
substantive changes to the program established by the HCP, but technical
revisions which clarify DFG's role in the HCP and the difference in assurances
provided by DFG and the U. S. Fish and Wildlife Services. We view all of your
comments as non -substantive changes to the IA, or simply fixing editing errors.
(Discussion of each of the DFG clarifications is provided in Attachment I to this
letter.) We accept the DFG clarifications, and agree that they reflect the
understanding of the parties to the IA.
However, it is simply t -o late in the process to revise the text of the 1A at this
time. COG adopted the HCP and approved execution of the IA on December 7,
2000. This schedule was developed with sign off from DFG and legal review by
Chris Beale. Your staff actively participated with us as we finalized these
documents. The other local participants in the HCP have already begun to
consider adoption, one city, Lathrop, adopted unanimously, with the rest
scheduled over the next few weeks. These adoption actions are the last, long-
delayed, actions in a process which has extended for seven (7) years this month.
Neither COG's membership, nor the other HCP participants, are willing to delay
the process again in orderto make technical changes in the IA, reprint and
r distribute the revised document, and renotice and reschedule the adoption
meetings.
It is also important to point out that a delay now would cause us to miss a very
important window of opportunity to seek federal funding for the HCP
implementation in 2001. We are anxious to begin this valuable process for the
environment and our community.
In order to address your concern that the DFG clarifications should be accepted
by all the parties to the IA, we propose the following: (1) by this letter, COG
accepts the DFG clarifications; (2) the DFG clarifications will be presented to the
decionsionmakers of each IA signatory during their formal approval process
(revisiting the cities that have already adopted), and your letter of December 29,
2000 will be attached to the IA at the time of approval by each signatory: and (3)
the DFG clarifications will be amended into the text of the 1A at the same time as
the first set of amendments otherwise required.
Sincerely,
Z
Julia E. Greene
Executive Director
CC: Banky Curtis
James Monroe, General Counsel, Department of the Interior
Cay Goude
Vicki Campbell
Phil Pennino
Amy Augustine
SJCOG Board of Directors
Mayors of San Joaquin County
Chair, SJ County Board of Supervisors