HomeMy WebLinkAboutAgenda Report - February 21, 2001 H-04CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adopt resolutions related to the San Joaquin Multi -species Habitat Conservation and Open
Space as follows:
Consideration of the Environmental Impact Report as a Responsible Agency under 15096 of
the CEQA Guidelines and adopt the Habitat Conservation Plan (HCP);
Approve the completion, signing and submittal of the Section 10 (a) (1)(B) incidental take
permit application;
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 & Game; and
Approve the proposed amendment to the San Joaquin Council of Governments Joint Powers
Agreement.
MEETING DATE: February 21, 2001
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt the required actions related to the San Joaquin Multi -Species
Habitat Conservation and Open Space Plan.
BACKGROUND INFORMATION: Over six years ago, the San Joaquin Council of Governments (COG)
initiated the development of the San Joaquin County Multi -species
Habitat Conversation and Open Space Plan (Plan). The project brought
together many diverse groups with varying interests toward the
protection of the environment and wildlife. Participants included representatives from business, building industry,
environmentalists, farmers, and various levels of government. The objective was to develop a Plan that would be
acceptable to all concerned.
The key purpose of the Plan is, therefore, to provide a strategy for balancing the need to conserve open space and
the need to convert open space to non -open space uses while also protecting the region's agricultural economy;
preserving landowner property rights; providing for the long-term management of plant, fish and wildlife species,
especially those that are currently listed, or may be listed in the future, under the Federal Endangered Species Act
(ESA) or the California Endangered Species Act (CESA); providing and maintaining multiple -use open spaces
which contribute to the quality of life of the residents of San Joaquin County; and accommodating a growing
population while minimizing costs to project proponents and society at large.
The Plan provides for the payment of a development fee for the conversion of open space to non -open space uses
which affect plant, fish and wildlife species. Participation of individual developers or project proponents is
voluntary, but in -lieu of paying the fee, the proponent would have to provide specific mitigation as required by both
the State Fish and Game and Federal Fish and Wildlife Agencies. The Plan cost allocated to those undertaking new
development projects would be a fee on a per -acre basis as follows:
APPROVED:
H. Dixo Flynn -- C Manager
01-07.doc 02/13/01
Council Communication
Meeting Date: February 21, 2001
Page 2
Category Fee per Acre
Vernal Pool Conversion (Wetted Surface $30,000
Area)
(Upland Grassland) $5,000
Agricultural Habitat lands and Non Vernal $1,500
Pool Natoral Lands Conversion
Multi -Purpose Open Space Conversion $750
Based on the habitat types found on lands around Lodi, we would be primarily affected by development associated
with Multi-purpose Open Space Conversion. Some Agricultural Habitat lands do exist around our White Slough
Water Pollution Control facility. Plan maps do not indicate any Vernal Pool areas near Lodi.
Avnroval Process
On December 7, 2000, the Board of Directors of the San Joaquin Council of Governments adopted the Plan,
Implantation Agreement (IA), Environmental Impact Report/Environmental Impact Statement (EIR/EIS), and
amendments to the Joint Powers Agreement. This adoption by the Board was the first step towards the
Implementation of the Plan.
The next step towards Implementation is the adoption by the participating local governments. The Plan cannot be
implemented until all participating local governments have considered the adopted Plan. Therefore, COG has
forwarded the Plan documents to all participating local governments for adoption. As of the date of this report, the
cities of Lathrop, Manteca, Escalon and Tracy have approved the Plan. The cities of Ripon and Stockton are
scheduled to consider adoption at their meeting on February 20`h and the County is scheduled for the 271'.
Staff from GOG will attend the Council meeting to present an overview of the Plan and respond to any questions
that may arise. The adoption of the Plan will require the consideration of the Environmental Impact Report, The
Implementation Agreement, Amendment to the GOG Joint Powers Agreement and the approval of the completion,
signing and submittal of the Section 10(a)(1)(B) incidental take permit.
Environmental Imvact Report
An Environmental Impact Report State document/Environmental Impact Statement federal document (EIR/EIS)
was prepared for the Plan, in accordance to the California Environmental Quality Act (CEQA) Guidelines and the
national Environmental Policy Act. The EIRIEIS was posted for a 90 -day review and comment period, which
closed on January 7, 2000.
In accordance with Section 15091 and Section 15098 of the CEQA Guidelines, and Section 21081 of the Public
Resources Code, the City Council will need to consider the environmental effects of the Plan as shown in the
EIR/EIS prior to reaching a decision on the project. After consideration, the City Council will need to adopt the
findings set forth in the attached Resolution.
A copy of the EIR/EIS and the IA were previously provided to Council.
Council Communication
Meeting Date: February 21, 2001
Page 3
Implementation Agreement
The Implementation Agreement (IA) will need to be adopted by all Plan Participants for the purpose of allowing for
separate implementation of mitigation measures specified in the Plan. The IA acts as a binding contract and carries
out the objectives of the Plan. The IA is attached to the HCP as Appendix. A clarification letter is attached as
Exhibit "A" and is included by reference in this approval.
Incidental Take Permit Annlications
Each Plan Participant will be required to submit a separate Federal Endangered Species Act Section 10(a)(1)(13)
Incidental Take Permit Application. The purpose for retaining separate applications is to allow flexibility if a Plan
Participant should opt to terminate Plan participation. The U.S. Fish and Wildlife Service would then revoke the
application of the non -participant and the JPA would confer and meet with the Permitting Agencies for
consultation.
JPA Amendment
Attached is a proposed revised Joint Powers Agreement (JPA) amended to accomplish a number of objectives (see
draft Resolution) The most important objective allows COG to assume responsibilities under the Plan. The existing
JPA does not specifically allow COG to operate programs. The other changes are more editorial in nature, deleting
"County" from the agency name, capitalizing sections, etc.
All the documents related to this action are on file with the Community Development Director.
FUNDING: None required
Konradt Bartlam
Community Development Director
KB/lw
Attachments
State of California - The Resources Agency _ GRAY DAVIS, Governor
DEPARTMENT OF FISH AND GAME
1416 Ninth Street
Sacramento, mCA 95814rarl-e,
916 654-3821
JAIL 0 4
December -29, 20. 1I
VIA FACSIMILE AND FIRST CLASS MAIL
Adam H. Relin, Esq.
Nossaman, Guthner, Knox & Elliott, L.L.P.
18101 Von Karman Av., Suite 1800
Irvine, CA 92612
Re: San Joaauin Countv Multi -Species Conservation Plan Implementation Aareemeh
Dear Mr. Relin:
This letter is to provide you with comments on the November 9, 2000 version of the Sin
JoagOin County Multi -Species Conservation Plan Implementation Agreement
Page 3, Section 1.13 Last sentence defining "Department" should be listed as a separate
section.
Page 13, Section 3,2,2(b) ",.. In order to amend or suspend Incidental Tak l.•:."
r .yryr'Ir ''� for a particular project, the JPA shall make
findings as set forth in Chapter ____ [5.2.3.2] of the HCP and shall
submit a written request to the Wildlife Agencies for concurrence.
Page 36, Section 6.1.2(b) "... If the remaining participation scenario matches one of the
participation scenarios set forth in Table 7.5.1 of the HCP,
development fees for the remaining Plan Participants'
development fee ordinance..."
Page 52, Section 9.4 "Consistent with the No Surprises Rule, the i 1—
shall not require the commitment of additional land or
financial compensation or other mitigation from a Third Party
pursuant to the HCP and this Agreement, beyond those measures
imposed on the Third Party by the Local Government in accordance
with the HCP and this Agreement, unless agreed to by the.Third
party....
Page 52, Section 9.5 "As described in Section [11.4], if critical habitat is designated
�:";*7
for any Covered Species subse uent to Project A� roval, a.
'" :"s t0 COrrimlt
" ................. Eitt
Adam Relin, Esq.
December 29, 2000
Page 2
additional land or other compensation beyond that already required
in a Project Approval."
Page 64, Section 12.1(a) "Concurrent with the execution of this Agreement the Department
has issued a Section 2081(b) Permit to each Plan Participant
authorizing the Take of each Covered S ecies incidental to
Permitted Activities
subject to and in accordance
with the ACP and this Agreement."
Page 68, Section 12.5.1
Page 68, Section 12.5.2 "If at any time there is a change in state law such that the
Adam Relin, Esq.
December 29, 2000
Page 3
Department may issue a Section 2081(b) Permit or other permit
Page 69, Section 13.2 f ' this Agreement shall run for a
term of fifty (50) years from the Effective Date, unless terminated
in accordance with Section — [14] or unless extended by
agreement of all of the Parties hereto.
We appreciate the opportunity to provide comments on the Implementation Agreement. Should
you have any questions, please contact me at (916) 445-9673.
Sincerely,
ANGELA SCOTT
Staff Counsel
cc: Amy Augustine, Augustine Land Use Planning
Jim Monroe, Esq., Office of the Solicitor, Department of the Interior
Vicki Campbell, United States Fish & Wildlife Service
Jim Browning, United States Fish & Wildlife Service
Cay Goude, United States Fish & Wildlife Service
Steve Adams, Esq., Department of Fish & Game
Dan Gifford, Department of Fish & Game
RESOLUTION NO. 2001-48
A RESOLUTION OF THE LODI CITY COUNCIL
ADOPTING THE SAN JOAQUIN COUNTY MULTI -
SPECIES HABITAT CONSERVATION AND
OPEN SPACE PLAN AND THE ASSOCIATED
ENVIRONMENTAL IMPACT REPORT
WHEREAS, in accordance with Section 21069 of the Public Resources Code and
Section 15381 of the California Environmental Quality Act Guidelines, and, the City of
Lodi, is a Responsible Agency, with respect to the Final Environmental Impact Report
(EIR) for the San Joaquin County Multi -Species Habitat Conservation and Open Air
Space Plan (SJMSCP); and
WHEREAS, the Final EIR was prepared in compliance with the California
Environmental Quality Act (CEQA) and State and County Guidelines for the
implementation of CEQA by the San Joaquin Council of Governments as Lead Agency;
and
WHEREAS, the Final EIR was presented to the City of Lodi City Council, which
has reviewed and considered the final EIR prior to approving the proposed project.
NOW THEREFORE, as set forth in CEQA Guidelines Section 15091, the City
Council of the City of Lodi finds and resolves that:
1. The Final EIR reflects the independent judgement and analysis of City of Lodi
2. The Final EIR identifies no significant environmental impacts to the
environment that may result from the implementation of the Proposed Project
for the SJMSCP because changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
3. The City of Lodi has considered the proposed project alternative and finds that
the SJMSCP (Proposed Project) alternative will provide the greatest number
of benefits with no significant impacts on the environment for the reasons
summarized in Table 2-1 of the Final EIR.
4. Pursuant to Public Resources Code Section 21081.6(a), a reporting and
monitoring plan has been prepared, as incorporated into Section 5.9 of the
SJMSCP, in order to avoid significant effects on the environment. The
SJMSCP Joint Powers Authority is responsible for the implementation of the
reporting and monitoring program.
5. Pursuant to Public Resources Code Section 21081.6(a), the custodian and
location of the documents and materials which constitute the administrative
record upon which this decision to consider the EIR has been made is the City
of Lodi, City Clerks Office, 221 W. Pine Street, Lodi, CA 95240.
6. After consideration of the Environmental Impact Report prepared for the San
Joaquin County Multi -Species Habitat Conservation and Open Space Plan by
the Lead Agency, the City of Lodi, as a Responsible Agency under California
Environmental Quality Act Guidelines Section 15096, and based on the above
stated findings, the City of Lodi hereby adopts the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan.
Dated: February 21, 2001
I hereby certify that Resolution No. 2001-48 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. BLACKSTON
City Clerk
2001-48
RESOLUTION NO. 2001-49
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE COMPLETION, SIGNING, AND
SUBMITTAL OF A SECTION 10(A)(1)(B) INCIDENTAL
TAKE PERMIT APPLICATION TO THE U.S. FISH &
WILDLIFE SERVICE
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WHEREAS, the City of Lodi has adopted the San Joaquin County Multi -Species
Habitat Conservation and Open Space Plan; and
WHEREAS, each Plan Participant will be required to submit a separate Federal
Endangered Species Action Section 10(a)(1)(B) Incidental Take Permit Application; and
WHEREAS, the purpose for retaining separate applications is to allow flexibility if
a Plan participant should opt to terminate SJMSCP participation; and
WHEREAS, the U.S. Fish and Wildlife Service would then revoke the application
of the non -participant and the JPA would confer and meet with the Permitting Agencies
for consultation.
NOW THEREFORE, BE IT RESOLVED, that the City of Lodi does hereby
approve the completion, signing, and submittal of a Section 10(a)(1)(6) Incidental Take
Permit Application to the U.S. Fish and Wildlife Service.
Dated: February 21, 2001
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I hereby certify that Resolution No. 2001-49 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. BLACKSTON
City Clerk
2001-49
RESOLUTION NO. 2001-50
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN
IMPLEMENTATION AGREEMENT, WITH THE ACCEPTANCE OF
REVISIONS OUTLINED ON THE LETTER OF CLARIFICATION DATED
JANUARY 19, 2001 TO THE CALIFORNIA DEPARTMENT OF FISH AND
GAME, REGARDING THE SAN JOAQUIN COUNTY MULTI -SPECIES
HABITAT CONSERVATION AND OPEN SPACE PLAN
WHEREAS, the City of Lodi had adopted the San Joaquin County Multi -Species
Habitat Conservation and Open Space Plan; and
WHEREAS, an Implementation Agreement needs to be adopted by all Plan
participants for the purpose of allowing separate implementation of mitigation measures
specified in the Plan.
NOW THEREFORE, BE IT RESOLVED, that the City of Lodi does hereby
approve the Implementation Agreement, attached hereto as Exhibit A.
Dated: February 21, 2001
I hereby certify that Resolution No. 2001-50 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^Cr<STON
City Clerk
2001-50
Attachment 1
The following paragraphs describe the effects of changes to the Implementation
Agreement proposed in the Department's comment letter dated December 29, 2000.
(1) Page 3, Section 1.13: Moves a sentence to a new section. Non -substantive editing
change.
(2) Page 13, Section 3.2.2(b): Fixes a typographical error so that the text shows the
proper defined term.
(3) Page 36, Section 6.1.2(b): Fixes a typographical error.
(4) Page 52, Section 9.4: Removes the defined term "Wildlife Agencies" so that the
section refers only the Service rather than both the Service and the Department. Since the
sentence refers to the "No Surprises Rule" a defined term that applies only to the Service,
it would not apply to the Department even with the existing text. This change fixes an
editing error, but is not substantive.
(5) Page 52, Section 9.5: Revises the sentence so that it refers only the Service rather
than both the Service and the Department. Since the sentence involves the effect of a
"critical habitat" designation — an action which relates only to the Service - it would not
apply to the Department even with the existing text. This change fixes an editing error,
but is not substantive.
(6) Page 64, Section 12.1(a): Adds a cross reference to another IA section . Clarifies the
section, but does not add any substantive change.
(7) Page 66, Section 12.3: Removes an example, but does not change the meaning of the
section.
(8) Page 66, Section 12.4(a): Adds a cross reference to another IA section . Clarifies the
section, but does not add any substantive change.
(9) Page 68, Section 12.5.1: The Department has recently revised the language it uses to
describe the relationship between incidental take permits and certain provisions of the
Fish and Game Code governing "fully protected species." This change substitutes the
new language into the IA. The existing text simply concludes that the HCP will not
result in violation of the fully protected species provisions. The new language also
concludes that violation is not likely, but it is more detailed, lists the species involved,
and describes a process to be followed in the event there is some take of a fully protected
species. Although the new text takes a different approach, it is not a substantive change,
since the underlying law (the fully protected species provisions of the Fish and Game
Code) has not changed and continues to prohibit any take of fully protected species.
(10) Page 68, Section 12.5.2: This section proposes a process for permit amendment in
the event the fully protected species, code sections are revised to allow permits for such
species. The new text indicates that the permitees must apply for such new permits,
while the existing text leaves new permits entirely to the Department. This is not a
substantive change, since in neither case is the Department required to issue a permit.
(11) Page 69, Section 13.2: Adds a cross reference to another I.4 section . Clarifies the
section, but does not add any substantive change.
RESOLUTION 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. BLISTON
City Clerk
2001-51
Dan Bilbrey
CHAIRMAN
Mike kestuccia
VICF. CHAIRMAN
Julia E. Greene
F.XECU'l IVF. DIRLCTOR
Member Agencies
CI FIES OF
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MAN"V VILA,
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THF. i:OUN'1'Y 01:
SAN JOAQUIN
"EXHIBIT A"
SAN JOAQUIN COUNCIL OF GOVERNMENTS �.
6 South El Dorado St., Suite 400 - Stockton, Cali fwnia 95202
209.468.3913 - 209.468.1084 (fax)
www.sjcog.org
Memorandum
FEB 9 2001
C ( i!,1! 4 U F411'i
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 Direct'
irect r
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
SAN JOAQUIN COUNCIL OF GOVERNMENTS
6South El Dorado St., Suite 400 . Stockton, California 95202
209.468.3913 • 209.468.1084 (fax)
www.#cog.org
Dan Bilbny January 19, 2001
CHAIRMAN
Mike Reftuccia
VICE. CIIAIRMAN
Ms. Angela Scott, Esquire
Julia E, Greene
CA Department of Fish and Game
EXECUTIVE DIRECTOR
1416 Ninth Street
MemberAgeneie,
CITIES OF
Sacramento CA 95814
ESCALON,
Dear Ms. Scott:
LATHROP,
LODI,
MAN r
RII-()O .NV, In response to your letter of December 29, 2000, regarding the San Joaquin
,
S'1'O(:RTON, County Multi -Species Conservation Plan Implementation Agreement (IA). We
—cy, recognize the value of your comments and believe that we can accomplish your
AND
'rNE COUNTY 01: goals of a better IA with a clarifying letter.
SAN jOAQUIN
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 1 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 tno late in the process to revise the text of the IA 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 order to make technical changes in the IA, reprint and
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 IA at the same time as
the first set of amendments otherwise required.
Sincerely,
i
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
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Purpose of the Habitat Plan
To provide balance between the need to
accommodate development and the need to
protect listed and endangered species.
The Plan will:
■ Accommodate a Growing Population
Facilitate Development Process
■ Protect San Joaquin Agricultural Economy
■ Preserve Landowner Property Rights
• Increase the Survivability of
Endangered/Threatened Species in SJC
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Key Players in Plan Development
Phil Pennino
Robert Cabral
Amy Augustine
Ron Addington
Waldo Holt
Brad Lange
Bruce Mettler
Tonie Marie Ramus
Martha Shaver
Steve Stocking
Doug Unruh
USFWS Staff
Fish & Game Staff
SJCOG Staff
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Activities Covered by the Plan
■ Urban Development
• Expansion of Existing Urban Boundaries
• Non -Agricultural Activities Occurring Outside
of Urban Boundaries
Levee Maintenance
• Transportation Projects
• School Expansions
■ Flood Control Projects
■ Utility Installation
• Maintenance Activities
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Participation in the Plan
■ Only Local Governments and Agencies
Who Adopt the Plan will be Covered
■ The Plan is Voluntary to Developers and
Project Proponents
■ Project Proponents Have the Option to
Mitigate Under the Plan or Negotiate
with Permitting Agencies Directly
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Agencies Proposing to
Adopt the Plan
San
Joaquin COG
City
of Stockton
City
of Lathrop
City
of Tracy
City
of Lodi
City
of Ripon
City
of Manteca
City of Escalon
San Joaquin County
Caltrans
SJ Area Flood Control Agency
EBMUD
South S.J. Irrigation Dist.
Stockton East Water Dist.
[Z] Adopted the Plan (All by Unanimous Vote)
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Overall Benefits of Plan
• Provides One Stop Permit Process
• Savings of Staff Time at Local, State and
Federal agencies
■ Economic Development Benefits
• Achieves Goals of Preserving Habitat
■ Habitat Preserves for Multiple Uses
• Protects Private Property Rights
• Neighboring Land Protections
• Voluntary Plan
■ Saves Money
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan'
Plan Benefits for Lodi
Pre -Defined Mitigation Measures
CEQA Coverage for 97 Species
Incidental Take of 25 Federal and State
Endangered/Threatened Species
Expedite Projects within City of Lodi
oda
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Cost Benefit Analysis
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San Joaquin County Multi -Species Habitat Conservation and Open Space Plan C
Annual Cost
50 -Year Cost
Savings
Savings
Residents, Taxpayers of San
$2489150
$121,4079500
Joaquin County
Local Governments
$22251300
$1151159000
Permitting Agencies
$2783,550
$131,9279500
Project Proponents
$510790,000
$289,5009000
Legal: Conservation, Project
$819000
$490509000
Proponents and Government
Agency interests
TOTAL COST SAVINGS
$693719850
$3181,5929500
UNDER THE PLAN
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San Joaquin County Multi -Species Habitat Conservation and Open Space Plan C
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Process for Determining a Fair
Distribution of Costs
■ Hausrath Report on Costs (1997)
• Standing Committee
♦ Building Industry
♦ Environmental Community
♦ Public Sector
♦ Business Community
• Comparison With Other HCPs
■ New Development v. Historical Loss
■ Restoration/Enhancement
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
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SJMSCP Impact Fees to Other Fees
in Other Habitat Conservation Plans
FEE FEES/TOTAL COST
San Joaquin $19500 67%
$ 750
Metro Bakersfield $1,250 100%
North Natomas $29240 50%
Yolo County $2,630 100%
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Plan Implementing Entity
San Joaquin Council of Governments, Inc.
■ 1 City Mayor\Council Member from each City,
except that the City of Stockton shall have 2 members
• 2 Supervisors from the County
Technical Advisory Committee
■ Representatives from permitting agencies and local
agricultural community such as SJC Agricultural
Commissioner and U.C. Cooperative Extension Farm
Advisor
■ Provides biological, technical and operation support
to SJC O G, Inc.
,
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
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SJMSCP Conclusion
■ 50 -year plan (2001-205 1)
■ Plan is Voluntary
■ Streamlines Development Process
■ Preserves Landowner Property Rights
■ Savings to Taxpayers
■ Money Stays Local to Protect Habitat
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
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THE LEAGUE OF WOMEN VOTERS
of San Joaquin Count
February 21, 2001
Mayor and City Council
City of Lodi
RE: Habitat Plan for San Joaquin County
P.O. BOX 4548
STOCKTON, CALIFORNIA 95204
( 209) 465-0293
The League of Women Voters of San Joaquin County has followed the development of the Habitat Plan for San Joaquin
County since 1997. We urge the City of Lodi to endorse the plan.
The League of Women Voters bases our support for issues on a 75 -year history of membership study and consensus. The
position we take today in support of the San Joaquin County Habitat Plan is based upon a foundation of national, state and
local League studies.
The plan represents years of community input and consensus building to arrive at an equitable balance between presenetion
of agricultural land, protection of tile -supporting ecosystems, and the recognition of land as a resource that is part of our
heritage. The Habitat Plan is consistent with current general plans of the County and the seven cities in San Joaquin County.
Lathrop, Manteca, Escalon, Tracy, Stockton and Ripon have shown tremendous enthusiasm and expressed congratulatory
comments as they voted in favor of the Plan. We anticipate that Lodi will do likewise.
We in San Joaquin County have the unique opportunity to create a long-range conservation legacy and protect our heritage for
future generations. As the State population has grown, the escalated erosion of open space and decline in critical habitat for
plants and animals has become an alarming trend.
We have arrived at a fair balance in:
*"preservation of agricultural land,
"protection of lifts -supporting ecosystems, and
"`recognition of wildlife and open space as resources that is part of our heritage.
Please give it your unanimous support.
SyMp)0, he, President
Sq�a Nade
League of Women Voters of San Joaquin County
tw%ejc@aol.com
(209) 465-0293
WHERE WE STAND IffMIZAGM
OF WOMM vcny S
SAN JOAQUIN COUNCIL OF GOVERNMENTS • �}�r,,
The memorandum sent by Dan Bilbrey dated March 9, 2001 stated that the San Joaquin County
Multi -Species Habitat Conservation and Open Space Plan was adopted in entirety by all
participating local governments with unanimous votes on January 27, 2001. The correctdate is
February 27, 2001. Therefore, please replace the original resolution sent with the attached
resolution that addresses the correct adoption date.
If you have any questions, please give Jerry Park on my staff a call at 468-3913.
cc: Mayors & Board Chairman
Community Development Directors
C'e", Penni rno
South EI Dorado St., Suite -t'00 Stockton, California 95202 � _74—
�;lQCtiri
91
209.468.3913 • 209.468.1084 (px)
www.jcogg.org
Memorandum
Dan Rilbrey
CHAIRMAN
MikeRertuccia
VICE, CHAIRMAN
DATE: March 12, 2001
Julia F. Greene
TO: Thom Clark, Escalon City Manager
E%ECLAIVE UIRLCIOR
Pam Carder, Lathrop City Manager
MernberAgencies
Dixon Flynn, Lodi City Manager
C;I'rl P.s Or
Robert F.D. Adams, Manteca City Manager
1-_tCALON,
Everett Compton, Ripon City Administrator
I.ArNRI
Gary Ingraham, Stockton Assistant City Manager
L()f)I,
MAN fHCA,
Fred Diaz, Tracy City Manager
RIPON,
David Baker, County Administrator
S'1'OC KION,
E RACY,
ANI)
FROM: Julia E. Greene, Executive Direct
'r Flli COUNTY OF
`AN JOAQUIN
SUBJECT: Correction to Resolution for Legislative Support on Neighboring Land Protection
Program Extension in Perpetuity
The memorandum sent by Dan Bilbrey dated March 9, 2001 stated that the San Joaquin County
Multi -Species Habitat Conservation and Open Space Plan was adopted in entirety by all
participating local governments with unanimous votes on January 27, 2001. The correctdate is
February 27, 2001. Therefore, please replace the original resolution sent with the attached
resolution that addresses the correct adoption date.
If you have any questions, please give Jerry Park on my staff a call at 468-3913.
cc: Mayors & Board Chairman
Community Development Directors
C'e", Penni rno
Resolution #
RESOLUTION RECOGNIZING THE ADOPTION OF THE SAN JOAQUIN COUNTY MULTI -
SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN BY THE LOCAL
GOVERNMENT PARTICIPANTS AND TO EXTEND THE NEIGHBORING LAND
PROTECTION PROGRAM IN PERPETUITY
WHEREAS, on February 27, 2001, the San Joaquin County Multi -Species Habitat Conservation and
Open Space Plan (SJMSCP) has been collectively adopted by all local government participants, which
consists of Cities of Stockton, Lathrop, Tracy, Escalon, Manteca, Ripon, and Lodi, and San Joaquin
County; and
WHEREAS, the SJMSCP establishes preserve lands which will be maintained in perpetuity for the
ninety-seven (97) species covered by the SJMSCP; and
WHEREAS, property owners located near or adjacent to Preserves lands can participate in the
Neighboring Land Protection Program established in the SJMSCP; and
WHEREAS, the Neighboring Land Protection Program will expire in fifty (50) years from the effective
date of the SJMSCP.
NOW THEREFORE, BE IT RESOLVED that the City of (County) hereby recognizes the adoption
of the SJMSCP by all local government participants; and
FURTHER, BE IT RESOLVED, that the City of (County) do hereby recognize the need to extend
the Neighboring Land Protection Program in perpetuity; and
FURTHER, BE IT RESOLVED, that the City of (County) do hereby agree to participate jointly
with the San Joaquin Council of Governments to actively pursue legislatively the extension of the
Neighboring Land Protection Program in perpetuity.
PASSED AND ADOPTED this _ day of March 2 00 1, at the regular meeting of the
by the following vote:
NOES:
ABSENT:
Name
Title