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HomeMy WebLinkAboutAgenda Report - May 1, 1996 (90)�F.CITY OF ODI COUNCIL COMMUNICATION n ,c 4�/FORS AGENDA TITLE: Presentation by Amy Augustine, Environmental Planning Consultant, on the subject of designating the San Joaquin County Council of Governments as the implementing agency for the San Joaquin County Multi -Species Habitat Conservation & Open Space Plan MEETING DATE: May 1, 1996 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the San Joaquin County Council of Governments serve as the implementing entity for the San Joaquin County Multi -Species Habitat Conservation & Open Space Plan. BACKGROUND INFORMATION: Over the past eighteen months, the City of Lodi has been participating in an effort to create a Habitat Management Plan for San Joaquin County. The purpose of the Plan is to preserve critical habitat in the County in order to maintain endangered plant and animal species. This would be accomplished by acquiring habitat land, either by outright purchase or by buying a conservation easement. The land would be maintained to provide a home and/or foraging habitat for a variety of wildlife species. Funding would come from a development fee charged on any undeveloped land being developed for nonagricultural uses. There would be a very specific set of maps and definitions explaining what is subject to payment of fees. The Plan is currently nearing completion and an economic analysis is being prepared. They will both be available for review by the City prior to any adoption process. Amy Augustine, Consultant and Project Manager for the Habitat Plan, will make a brief presentation to the City Council regarding the Plan. She will also answer any questions the Council may have regarding the process or the content of the Plan. Following Ms. Augustine's presentation, the City Council will consider whether to recommend the designation of an implementing entity for the Plan. The Policy Committee, which Phil Pennino chairs, has recommended that the San Joaquin County Board of Supervisors serve as the implementing entity and that they hire a "Land Manager" to administer the plan. The argument for this alternative was that the "Land Manager" could provide the technical and management expertise to run the program and handle the day to day operations. The Board of Supervisors would provide the policy direction and have political accountability. Additionally, the Board of Supervisors are an existing entity and would not require the creation of a new governmental body. APPROVED: c' H. Dixon lynn -- City Manager CC9615.DOC 04/24/96 Council Communication May 1, 1996 Page 2 The argument against this approach would be that the Board may not represent the interest of the various cities. The cities would not have a direct vote on any policy issues nor would they have any control of the budget. Creation of a new body that includes both Board of Supervisors and City Council members might give cities a more direct voice in the Plan implementation. Staff believes that the Council of Governments could be designated rather than the Board of Supervisors thereby giving local voice in the decision making process without creating a new layer of bureaucracy. STAFF RECOMMENDATION: That the City Council authorize the City Manager to send the attached letter regarding the City's recommendation for the implementing entity to the Council of Governments. FUNDING: None Required Konradt Bartlam Community Development Director Prepared by David Moritmoto, Senior Planner KB/DM/Iw Attachment CC9615AOC 4124/96 NCIL P. WARNER, Mayor _IP A. PENNING .Aayor Pro Tempore %Y C. DAVENPORT STEPHEN J. MANN JACK A. SIECLOCK March 28, 1996 CITY OF LODI' CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6711 FAX (209) 333-6842 Ms. Amy L. Augustine San Joaquin County Council of Governments P.O. Box 1010 Stockton, CA 95201-1010 Dear Ms. Augustine: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney The Lodi City Council has reviewed the various alternatives regarding the make up of the implementing entity for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan and recommends that the San Joaquin County Council of Governments serve as that agency with a Technical Advisory Committee and Land Manager. Our position is based on the belief that the body charged with implementation should have accountability at the County as well as City level. While alternatives were suggested that are similar to our recommended approach, we feel that using the existing Council of Governments would not provide for another layer of bureaucracy, but rather utilize the existing organization. If you have any questions regarding our recommendation, please call Konradt Bartlam, Community Development Director at 333-6711. Sincerely, H. Dixon Flynn City Manager HDF/KB/lw cc: Konradt Bartlam, Community Development Director Iw O:1DEPT\PLANNINGILETTERSICOG96LDOC Community Development Department Planning Division (209) 858-2860 Extension 327 April 3, 1996 City of Lathrop 16775 Howland Road - Suite One Lathrop, California 95330 (209) 858-2860 Fax (209) 858-5259 Ms. Amy L. Augustine San Joaquin County Council of Governments Post Office Box 1010 Stockton, CA 95201-1010 Subject: Implementing Agency for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (Habitat Plan) Dear Amy: At its regular meeting of April 2, 1996 the Lathrop City Council reviewed the letter you addressed to John Bingham and directed staff to respond as follows: The City of Lathrop agrees with designating the Board of Supervisors as the Board of Directors to implement the HCP with the help of a Land Manager. No other persons or groups should be represented on the Board of Directors. A requirement should be placed in the Plan, or other document as appropriate, that would require that the Land Manager and Board of Directors implement the plan in an expeditious manner so that implementation of the plan shall not unduly delay development. Further, if they fail to do so, they should be removed and replaced. The last bullet is intended to prevent the Board from deciding, on its own, that they choose not to implement the plan. This is the only possible drawback that the City of Lathrop can envision in having the Board of Supervisors serve as the Board of Directors. Rather than adding members to the Board, we suggest that some rules, including the above, be mandatory for the Board. If you have any questions, please feel free to give me a call. Sincerely, Pamela R. Carder Community Development Director sa T' Manteca %.N CITY OF MANTECA s Wf ADMINISTRATION / 'it, �►�1v�`) April 2, 1996 Mr. Barton Meays , Executive Director San Joaquin County Council of Governments P. O. Box 1010 Stockton, CA 95202 Re: Designation of the Habitat Plan Implementing Entity Dear Mr. Meays: At its April 1, 1996 meeting, the Manteca City Council endorsed the concept of designating the San Joaquin County Council of Governments as the Habitat Plan Implementing Entity. Although some recent discussions have focused on designating the County Board of Supervisors as the implementing entity, the Council believed that COG would provide better representation to the affected agencies, since it is already comprised of representatives from the County and the cities. I appreciate the opportunity to provide some thoughts on this matter. If you have any questions or need further clarification, please do not hesitate to contact me. Sincerely, LETICIA ES O A Acting City Manager c: Mayor and Council Deputy Director of Planning and Development Services City Clerk 1001 W. 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'Z lady uo 806-96 uo!lnlosa'�,l peldope l!ounoo Al!:D foeil a43 '9666 'L gojelN polep jallal anon( of esuodsoi ul :au!lsn6ny -sW jeaa (ueld lel!geH) veld aoedS uadO pue uo!le/uesuoo lel!geH sa!oadS-!linV11 Alunoo umbeor ueS ayl jot Al!lu3 6u!luewaldwl :ail 9661 Z t )MVI 30 0606-60Z96 y0 'uoPloolS 006 Xo8 'O'd sluawuJanoE) to punoO Alunoo u!nbeor ueS Ja6eueW loafoid eullsn6ny --1 Awy 9666 '06 pdy 0ILS-LE8(60Z) ;x23 9LE96 VO'AOEIl Mt-LES(606 :euoydelal 199JIS 4lu911SE3 SZE ealgo s,ae6eueW Allo AOdHl :jO Alli RESOLUTION 96-108 RECOMMENDING THAT THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS SERVE AS IMPLEMENTING ENTITY FOR THE MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN WHEREAS, the Multi -Species Habitat Conservation and Open Space Plan (Habitat Plan) has been adopted by the San Joaquin County Council of Governments, and the next step in the process is to identify an appropriate entity to serve as the Habitat Plan implementing authority; and WHEREAS, the COG has asked each City Council to pass a resolution indicating its recommendation as to the implementing authority; and WHEREAS, a Habitat Policy Advisory Committee was formed to look at alternatives for implementation and has recommended that the County Board of Supervisors serve as the implementing entity; and WHEREAS, City staff do not agree with this recommendation, as the County is just one of the entities collecting the habitat mitigation fee and does not include representation from each of the other collecting entities (cities), and staff also do not recommend the creation of another special board or committee to carry out the Plan; and WHEREAS, staff recommends that the Council of Governments itself serve as the implementing body, to ensure representation of all local governments in the region, and further recommends that the City respond with a "No" to the three questions (A, B, and C) posed in the attached letter. NOW, THEREFORE, BE IT RESOLVED by the Tracy City Council that the Council recommends that the San Joaquin County Council of Governments be the implementing entity for the Habitat Plan, and that the City responds "No" to questions A, B, and C in the attached letter. The foregoing Resolution, 9 6 -10 8 is hereby passed and adopted by the Tracy City Council on the 2nd day of April , 1996, by the following vote: AYES: COUNCILMEMBERS: MATTHEWS, SERPA, STROUP, BILBREY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: IvEs ABSTAIN: COUNCIL MEMBERS: NONE Mayor ATTEST: bal /l -r STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF FISH AND GAME REGION 2 1701 NIMBUS ROAD, SUITE A RANCHO CORDOVA CALIFORNIA 45670 (9 16) 358-2300 April 2, 1996 Ms. Amy L. Augustine San Joaquin Council of Governments Post Office Box 1010 Stockton, California 95201-1010 Dear Ms. Augustine: The Department of Fish and Game (DFG) has received your request for input regarding the implementing entity for the San Joaquin Habitat Conservation Plan (HCP). Specifically: a. We would not object to the creation of a committee acting in an advisory capacity to the Board of Supervisors. We recommend that the advisory committee include broad representation drawn from the areas that are signatory to the HCP. b. We would not object to the inclusion of representatives from the cities, provided that they are signatory to the HCP. We do however, recommend that Caltrans not be included due to their State lead agency status. C. The implementing entity may include stakeholders. We recommend that stakeholder members be drawn from a broad cross section and represent interests that are affected by the HCP. We recommend that the implementing entity be composed of elected officials drawn from areas that are signatories to the HCP. The San Joaquin Board of Supervisors would certainly fit this description. Representatives from cities that are signatories to the HCP would also be acceptable. T- Ms. Amy L. Augustine April 2, 1996 Page Two Thank you for the opportunity to review this project. If the DFG can be of further assistance, please contact Mr. Dan Gifford, Associate Wildlife Biologist, telephone (209) 369-8851 or Mr. Bob Mapes, Senior Biologist, telephone (916) 358-2883. Sincerely, L. Ryan Broddrick ),,---Regional Manager cc. Mr. Dan Gifford Mr. Dave Zezulak Department of Fish and Game Rancho Cordova, California