HomeMy WebLinkAboutAgenda Report - April 4, 2001 E-20CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adopt resolution for legislative support on Neighboring Land Protection Program
Extension in Perpetuity related to the San Joaquin County Multi -species Habitat
Conservation and Open Space Plan
MEETING DATE: April 4, 2001
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council adopt a resolution supporting Neighboring
Land Protection in Perpetuity.
BACKGROUND INFORMATION: As part of the recent action on the San Joaquin County Multi -
species Habitat Conservation and Open Space Plan, the Council
agreed to support legislation to extend neighboring land
protection in perpetuity. This resolution is being requested by all
the cities in the County as well as the County. Current Federal
policy does not recognize this protection in perpetuity.
The concept of neighboring lands protection is of foremost concern to those property owners who may
find themselves adjacent to a land preserve. The activities of the preserve are by definition meant to
create a viable habitat for both plants and animals. A potential downside to this adjacency is migration.
As an example, if a particular species of plant is protected within a preserve and migrates to an adjacent
vineyard, the owner of the vineyard needs the neighboring lands protection in order to eliminate the plant,
particularly if it invades the vineyard operation. Without the protection in perpetuity, you could have the
protection for the plan life span (50 years) and see the protection end and the preserve continue, thus
placing the vineyard owner in violation of removing the species. Quite simply, the neighboring lands
protection needs to be given in the same time frame as the preserve, or in essence perpetuity.
FUNDING: None required
Konradt Bartlam
Community Development Director
Attachments
APPROVED: L' ' M
H. Dixo Flynn -- City Manager
01-10.doc 03/27/01
SAN JOAQUIN COUNCIL OF GOVERNMENTS
6 South El Dorado St., Suite 400 - Stockton, California 95202
209.469.3913 - 209.468.1084 (fax)
www.#cog.org
On January 27, 2001, the San Joaquin County Multi -Species Habitat Conservation and Open
Space Plan (Plan) was adopted in entirety by all participating local governments with unanimous
votes (41-0). The adoption of the Plan is a great accomplishment, and I would like to thank each
one of you for your assistance and hard work in making the adoption process successful.
One concern during County adoption was the extension of the Neighboring Land Protection
Program (NLPP). One of the primary goals of the Plan's Joint Powers Authority (also known as
SJCOG, Inc.) is to pursue legislatively the extension of the NLPP in perpetuity. However, the
JPA will need your participation and support in order to successfully achieve the extension. It is
vital that the participating local governments be active in the pursuance of the NLPP legislative
process.
Therefore, I am requesting that the attached resolution be forwarded to your next City
Council/Board meeting for adoption. The resolution acknowledges the adoption of the Plan by
all participating local governments, and the need to extend the NLPP in perpetuity with
agreement by your local government to assist in pursuing the matter.
In conclusion, I again would like to thank each one of you for your assistance and hard work in
helping the Plan come to life. This is a great achievement for San Joaquin County. If you have
any questions regarding the attached resolution, please give Julia Greene at SJCOG a call at
468-3913.
cc: City Managers & County Administrator
Community Development Directors
Memorandum `
Dan Bilbrey
CHAIRMAN
MikcRestuccia
VICE CHAIRMAN
DATE:
March 9, 2001
Julia E. Greene
TO:
Gary Haskin, Escalon Mayor
EXECUTIVE DIRECTOR
Steve McKee, Lathrop Mayor
Member Agencies
Alan S. Nakanishi, Lodi Mayor
CITIES OF
-
Carlon Perry, Manteca Mayor
ESCALON,
Don Moyer, Ripon Mayor
LATHROP,
Gary Podesto, Stockton Mayor
LODI,
MANTECA,
Dario Marenco, Board o upefVisor Chairman
RIPON,
STOCKTON.
FROM:
Dan Bilbrey, Chairma
TRACY,
AND
THE COUNTY OF
SUBJECT:
Resolution for Legislative Support on Neighboring Land Protection Program
SAN JOAQUIN
Extension in Perpetuity
On January 27, 2001, the San Joaquin County Multi -Species Habitat Conservation and Open
Space Plan (Plan) was adopted in entirety by all participating local governments with unanimous
votes (41-0). The adoption of the Plan is a great accomplishment, and I would like to thank each
one of you for your assistance and hard work in making the adoption process successful.
One concern during County adoption was the extension of the Neighboring Land Protection
Program (NLPP). One of the primary goals of the Plan's Joint Powers Authority (also known as
SJCOG, Inc.) is to pursue legislatively the extension of the NLPP in perpetuity. However, the
JPA will need your participation and support in order to successfully achieve the extension. It is
vital that the participating local governments be active in the pursuance of the NLPP legislative
process.
Therefore, I am requesting that the attached resolution be forwarded to your next City
Council/Board meeting for adoption. The resolution acknowledges the adoption of the Plan by
all participating local governments, and the need to extend the NLPP in perpetuity with
agreement by your local government to assist in pursuing the matter.
In conclusion, I again would like to thank each one of you for your assistance and hard work in
helping the Plan come to life. This is a great achievement for San Joaquin County. If you have
any questions regarding the attached resolution, please give Julia Greene at SJCOG a call at
468-3913.
cc: City Managers & County Administrator
Community Development Directors
Resolution 4 -
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 ae�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 2001, at the regular meeting of the
by the following vote:
AYES:
NOES:
ABSENT:
Name
Title
RESOLUTION NO. 2001-78
A RESOLUTION OF THE LODI CITY COUNCIL 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 the Cities of Stockton, Lathrop, Tracy, Escalon,
Manteca, Ripon, 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 Preserve lands can
.participate in the Neighboring Land Protection program established in the SJMSCP; and
- WHEREAS, the Neighboring Land Protection Program will expire fifty (50) years from
the effective date of the SJMSCP.
NOW THEREFORE, BE IT RESOLVED that the City of Lodi hereby recognizes the
adoption of the SJMSCP by all local government participants; and
BE IT FURTHER RESOLVED, that the City of Lodi does hereby recognize the need
to extend the Neighboring Land Protection Program in perpetuity; and
BE IT FURTHER RESOLVED, that the City of Lodi does 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.
Dated: April 4, 2001
I hereby certify that Resolution No. 2001-78 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 4, 2001, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Howard and Pennino
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-78