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HomeMy WebLinkAboutAgenda Report - October 5, 1994 (61)O f CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Consider Approving Memorandum of Understanding for San Joaquin County Multi - Species Habitat Conservation and Open Space Plan MEETING DATE: October 5, 1994 PREPARED BY: Community Development Director RECOMMENDED ACTION That the City Council authorize the signing of the Memorandum of Understanding for the San Joaquin County Multi -Species Habitat and Open Space Plan BACKGROUND INFORMATION As San Joaquin County continues to grow in population, there is increased pressure on the habitat of various plants and wildlife. There is also a recognition of the need to provide for the protection, management, enhancement and continued existence of the County's diverse natural resources. With this purpose in mind, the local jurisdictions in San Joaquin County as well as various State and Federal agencies, have formed a coalition to attempt to deal with the problem in a coordinated manner. This group, known as the Habitat Policy Advisory Committee, is attempting to develop a county -wide habitat conservation and open space plan. The MOU does not commit the City of Lodi to adopt or otherwise implement the habitat conservation plan, but only to participate in the process of preparing the plan. Once the MOU has been signed by all agencies, the Committee will proceed with the selection of a consultant and the preparation of the Habitat Conservation Plan. The plan will be brought before the City Council for its review and adoption when it has been drafted. The information packet which accompanied the Council Communication for the meeting of September 7, 1994 ison file in the City Clerk's office. FUNDING: None required. IN- James B. Schroeder Community Development Director JBSIDM/ck Prepared by David Morimoto APPKVtD 1--- -_-.— — ---- - --- - - --- - ti� THOMAS A PETERSON ►.: �� SPC Cwf e' 1i%CCC1)9416 DOC City Manager cc CITY COUNCIL )ACK A. SIEGLOCK, Mayor STEPHEN 1. MANN Mayor Pro Tempore RAY C DAVENPORT PHILLIP A. PENNINO JOHN R (Randy) SNIDER October 6, 1994 CITY OF LODI CITY HALL, 221 WEST PINE STREET P O BOX 3006 LODI. CALIFORNIA 95241.1910 (209) .314-5634 F AX (.'091 111 6741 San Joaquin County Council of Governments P. O. Box 1010 Stockton, California 95201-1010 Subject: MOU for San Joaquin County Multi -Species habitat and Open Space Plan To Whom It May Concern: THOMAS A PETERSON City Manager IENNIFER M PERRIN City Clerk BOB McNATT City Attorney Although the City of Lodi has authorized the execution of the above referenced memorandum of understanding, the purpose of this letter is to memorialize the City's concern with some of the language. On page 3 of the MOU, one of the stated bases upon which this agreement is premised is that the "fragmented approach currently being used to mitigate impacts ... is not biologically reliable, does not meet long terms species goals, nor is it an effective approach to planning new development..." My concern with this language is that it appears to be an admission by the signatory agencies of inadequate planning in the past. Obviously, while there may theoretically be more effective ways to accomplish our stated goals, the City of Lodi is not prepared to admit to culpability for past practices. The fact that better ways to do things may be conceived doesn't mean our previous efforts weren't the best we could do at that time. With these comments, the City joins in the concerns shared by all signatories to the MOM for the protection of wildlife and the environment. Sincerely, JACK A. SIEGLOCK Mayor JAS: SJCOMOU.HAB/TXTA.01V October 7, 1994 Ms. Amy Augustine San Joaquin County Council of Governments P.O. Box 1010 Stockton, CA 95201-1010 Dear Ms. Augustine: RE: San Joaquin County Multi -Species Habitat Conservation & Open Space Plan MOU THOMAS A PETERSON Cety Manager JENNIFER M PERRIN Cety Clerk 808 %tc.%ATT Clty Attorney Enclosed is the signed copy of the Multi -Species Habitat Conservation and Open Space Plan MOU for the City of Lodi. Please contact this office if you have any questions regarding this matter. Sincerely, DAVID MOEUMMO. AICP Senior Planner CITY COUNCIL JACK A tPtCLOCK. Mavor CITY OF L O D I STEP14EN J .'+.+)ANN Mavoo t"re Tempore CITY HALL 221 WEST PINE STREET RAY C DAVENPORT P O BOX 3006 PHIIIIP A PENNING I.ODI. CALIFORNIA 95241.1910 JOHN R (Randv) SNIDER (209) 333-5634 F %% 1.041 13 1•e74% October 7, 1994 Ms. Amy Augustine San Joaquin County Council of Governments P.O. Box 1010 Stockton, CA 95201-1010 Dear Ms. Augustine: RE: San Joaquin County Multi -Species Habitat Conservation & Open Space Plan MOU THOMAS A PETERSON Cety Manager JENNIFER M PERRIN Cety Clerk 808 %tc.%ATT Clty Attorney Enclosed is the signed copy of the Multi -Species Habitat Conservation and Open Space Plan MOU for the City of Lodi. Please contact this office if you have any questions regarding this matter. Sincerely, DAVID MOEUMMO. AICP Senior Planner S& Joaquin County Council - Governme is 2 9 �4 Ofro Member Agencies: Cities of Fscakxt. Lathrop. Iwxli. Manteca. Ripon. Stockton. Tracy. County of San Joaquin August 25, 1994 Thomas A. Peterson, City Manager City of Lodi City Hall 221 W. Pine Street Lodi, CA 95240 RE: San Joaquin County Multi -Species Habitat Conservation and Open Space Plan Memorandum of Understanding Dear Mr. Peterson: The enclosed Memorandum of Understanding is an agreement to participate in the preparation of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan. Please schedule this item for approval and signature on page 23 by yourself and Mr. McNatt on your next available agenda. The document was drafted, as the enclosed list of participants indicates, by a wide range of interests and agencies. I serve as the Chairman of the Habitat Policy Advisory Committee which drafted the memorandum and David Morimoto has been our staff contact throughout the planning process. The Memorandum of Understanding has been endorsed by the Habitat Staff Working Group, the Habitat Policy Advisory Committee and was signed on August 23, 1994, by the San Joaquin County Council of Governments Board of Directors. Please notify COG when you have scheduled this document for a public hearing. COG will make available representatives to provide background and answer questions regarding the document at the public hearing. Thank you for your consideration. Please call if you have any questions. Sincerely. Phillip Pennino. Chairman Habitat Policy Advisory Committee PP:aa Enclosures cc: David Morimoto Regional Transportation Planning Agency, Local Transportation Authority. Congestion Management Agency. Airport Land Use Ctxnnticsion 102 South San Joaquin Strrel. 4th Fltxtr 0 RO PA)% 1010 0 Shnkliin. CaIdornia 95201.1010 • :'1Nj 3hX- 141 i • F -\X (_'IWa JhPi- 1i►2t3 POLICY COMMITTEE MEMBERSHIP LIST Ron Addington Bill Atchley 2800 W. March Lane. Suite 473 3601 Pacific Avenue Stockton, CA 95219 Stockton. CA 95211 Robert Cabral Dan Gifford San Joaquin County Board of Supervisors Associate Wildlife Biologist 222 E. Weber Street. Room 701 Calif. Dpt. of Fish and Game Stockton. CA 95202 519 W. Locust Lodi. CA 95240 Robert Eberhardt Doug Unruh P.O. Box 1110 P.O. Box 7576 Stockton. CA 95201 Stockton. CA 95267 VJI ddo Holt Larry Host 3900 River Drive Fish and Wildlife Biologist Stockton. CA 95204 U.S. Fish and Wildlife Service Ecological Services 2800 Cottage Way. Room E-1803 Sacramento. CA 95825-1846 Brad Lange Bruce Mettler 1298 Jahant Road 17901 Cherry Road Acampo. CA 95220 Lodi. CA 95240 Phillip Pennino Toni Marie Raymus City of Lodi 544 E. Yosemite Ave. 1502 Keagle Avenue Manteca. CA 95336 Lodi. CA 95242 Steve Stocking Martha Shaver San Joaquin Delta College 146-148 W. Weber Ave. Science and Math Dept. Stockton. CA 95202 236 W. Knowles Way Stockton. CA 95204 Bob Wheeler P.O. Box 30(r- Lodi. 002Lodi. CA 95241 HABITAT STAFF WORKING GROUP MEMBERSHIP LIST Margit Aramburu Delta Protection Commission P.O. Box 530 Walnut Grove, CA 95690 John Carlson, Community Development Director Mike Niblock, Associate Planner City of Stockton Community Development Department 425 N. El Dorado St. Stockton, CA 95202 Barry Hand Community Development Director City cf Tracy 520 Tracy Blvd. Tracy. CA 95376 Pam Carder Community Development Director City of Lathrop 16775 Howland Road, Suite One Lathrop, CA 95330 Larry Host Fish and Wildlife Biologist U.S. Fish and wildlife Service Ecological Services 2800 Cottage Way. Room E-1803 Sacramento, CA 95825-1846 Peggy Keranen Deputy Director. Advanced Platuting San Joaquin County Community Development Department 1810 E. Hazelton Ave. Stockton, CA 95205 Debra Hale. Regional Planner Amy Augustine, Planner San Joaquin County COG P.O. Box 1010 Stockton. CA 95201-1010 Dan Gifford Associate Wildlife Biologist Calif. Dpt. of Fish and Game 519 W. Locust Lodi, CA 95240 Waldo Holt 3900 River Drive Stockton. CA 95204 BIA of the Delta Attn: Interim Executive Director 777 N. Pershing Ave.. Suite 1 B Stockton, CA 95203 Dale T. Steele Chief, Environmental Branch B Caltrans P.O. Box 2048 Stockton. CA 95201 INTERESTED PARTIES Paula Amanda Hon. Dean Andel Southern Pacific Transportaton Co. CA State Assembly One Market Plaza % Mr. John Martini San Francisco. CA 94.105 31 E. Channel Street. Suite 306 Stockton. CA 95202 Barbara Bowers Hon. Larry Bowler 419 Swallow CA State Assembly Lodi. CA 95242 P.O. Box 942849 Sacramento. CA 94249 OMI Mark Connelly Sid England P.O. Box 451 U.C. Davis Tracy. CA 95378 Planning and Budget Office Davis. CA 95616 George Farosich Hoa Patrick Johnston Southern Pacific Transportation Co. CA State Senate One Market Plaza % Fran Gottlieb San Francisco. CA 94105 31 E. Channel Street. 11440 Stockton. CA 95202 Michael Hakeem Mike Henry Rishwain. Hakeem & Eillis Farm Bureau Federation Attorneys at Law P.O. Box 8444 2800 W. ;March Lane Stockton. CA 95208-0444 Stockton. CA 05219 Bill Jennings Gaither Loewenstein San Joaquin County Quality of Life City of Escalon 5037 N. Pershing. Suite A2A 1855 Coley Ave. Stockton. CA 95207 E-walon. CA 95320 Jay Norvell Mary Ways Deputy Director San Joaquin Bicycle Council Caltrate - District 10 1504 Roselawn Avenue P.O. Box 2048 Stockton. CA 95204 Stockton. CA 95201 Herbert Ng Jim Nickles U.S. Bureau of Reclamation The Stockton Record Tracy Office P.O. Box 900 Route 1. Box 35 Stockton. CA 95201 Byron. CA 945t4-9614 Mr. Jame% Schroeder Andy Rustace City of Lodi 603 Critchctt Road Planning Department Tracy. CA 95367 P.O. &►x 3006 Lodi. CA 95240 Thomas Zuckerman Ernest Tyburst 146 W. Weber Avenue City of Ripon Stockton. CA 95202 PlanninS Departmm 259 N. Wilma Avenue Ripon. CA 95366 Bill Costa Dam Cowell Caltrans District 10 Caltrans. District I0 P.O. Box 2048 Plug Dpt. Stockton. CA 95201 P.O. Boa 2048 Stockton. CA 95201 Tom Hall Lillie Noble CA Dpt. of Fish and Game P.O. Box 15002 Emirotmuntal Services Sacramento. CA 95851 1416 Ninth Stmt Sacramento. CA 95814 Thomas Shephard Leroy Ornellas Neumiller and Beardslee Citizens Land Alliance P.O. Box 20 12067 W. Lammers Road Stockton, CA 95201-3020 Tracy. CA 95367 Howard Anuiz David Morimoto. Senior Planner Fritz Grupe Catherine Webster Grupe Company Land Utilization Trust P.O. Box 7576 92 W. Castle Sweet Stockton. CA 95267 Stockton. CA 95204 Thomas Zuckerman Ernest Tyburst 146 W. Weber Avenue City of Ripon Stockton. CA 95202 PlanninS Departmm 259 N. Wilma Avenue Ripon. CA 95366 Bill Costa Dam Cowell Caltrans District 10 Caltrans. District I0 P.O. Box 2048 Plug Dpt. Stockton. CA 95201 P.O. Boa 2048 Stockton. CA 95201 Tom Hall Lillie Noble CA Dpt. of Fish and Game P.O. Box 15002 Emirotmuntal Services Sacramento. CA 95851 1416 Ninth Stmt Sacramento. CA 95814 Thomas Shephard Leroy Ornellas Neumiller and Beardslee Citizens Land Alliance P.O. Box 20 12067 W. Lammers Road Stockton, CA 95201-3020 Tracy. CA 95367 Howard Anuiz David Morimoto. Senior Planner 3158 Auto Center Circle City of Lodi Planning Department Stockton. CA 95212 P.O. Box 3006 Lodi. CA 95240 Thomas Clark. Planning Director City of Escalon Ben Cantu. Senior Plattner 1855 Coley Ave. City of Manteca Planning Dpt. Escalon, CA 95320 1001 W. Center St. Manteca, CA 95336 Peter Cross Ron Rempel. Program Supervisor Wildlife Biologist Habitat Conservation Planning U.S. Fish and Wildlife Service and Endangered Species Perris tting Fish and Wildlife Enhancement Calif. Dpt. of Fish and Game 2800 Cottage Way. Room E-1803 Environmental Services Division Sacramento. CA 95825-1846 1416 9th Street Sacramento. CA 95814 Ryan Broddrick Regional Manager. Region 11 Tont Coe CA Department of Fish and Game Chief. Central Valley Office 1701 Nimbus Rd.. Suite A U.S. Army Corps of Engineers Rancho Cordova. CA 95670 Regulatory Section 1325 -1- Street Sacramento. CA 95814-2922 1 Eric Parfrey Katbi Hieb 1421 W. Willow California Native Plant Society Stockton, CA 95203 1718 West Pine Lodi. CA 95242 John Stroh Dave ZemJak San Joaquin County Environmental Specialist III Mosquito and Vector Control. District Department of Fish and Game, Rgn. II 7759 S. Airport Way 725 Waxwing Place Stockton, CA 95206 Davis. CA 95616 Marjie Fries Patty Gradek Connections Buren of Land Management P.O. Box 4123 3801 Pegasus Dr. Stockton, CA 95204 Bakersfield. CA 93308 Theo Glenn Ducks Unlimited Bureau of Reclamation 9823 Old Winery Place It 16 2666 N. Grove Industrial Drive. Suite 106 Sacramento. CA 95827 Fresno. CA 93727 Earl Cooley Russ Matthews Medford Island San Joaquin County Farm Bureau 1 Medford Island P.O. Box 8444 Stockton. CA 95219 Stockton, CA 95208-0444 Don Cose 10 Tamer P.O. Boa 326 Department of Water Resources Tracy. CA 95376 1416 Ninth Street. Rm. 215-39 Sacramento. CA 95814 Gary Johnston. County Director Dr. Daniel Williams. Director U.C. Cooperative Extension Dr. Patrick Kelly. Assistant Director 420 S. Wilson Way San Joaquin Valley Endangered Species Stockton. CA 95205 Recovery Planning Program 2727 N. Grove Industrial Dr.. Ste. 125 Fresno. CA 93727 Erwin B. Eby. Agricultural Conunissioner Bart Meays San Joaquin County San Joaquin County COG P.O. Box 1809 P.O. Box 1010 Stockton. CA 95201 Stockton. CA 95201-1010 David Baker. County Administrative Officer Leon Compton. City Manager San Joaquin County City of Ripon 222 E. Weber. Room 707 259 N. Wilma Avenue Stockton. CA 95202 Ripon. CA 95366 Dwane Milnes. City Manager Susan Thorpe. City Manager City of Stockton City of Tracy 425 N. El Dorado St. 325 E. Tenth Street Stockton. CA 95202 Tracy. CA 95376 Rick Evans. City Manager City of Escalon 1855 Coley Avenue Escalou, CA 95320 John Bingham, City Manager City of L ad"D 16775 Howland Road. Suite One Lath:Dp. CA 95330 .r - David Jinkens, City anger City of Manteca 1001 W. Center Street Manteca. CA 95337 Thomas Peterson. City Manager City of Lodi 221 W. Pine Street Lodi. CA 95241-1910 v ti . i. . - rw ° MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME THE U.S. FISH AND WILDLIFE SERVICE CALTRANS THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS THE COUNTY OF SAN JOAQUIN THE CITY OF ESCALON THE CITY OF LATHROP THE CITY OF LODI THE CITY OF MANTECA THE CITY OF RIPON THE CITY OF STOCKION AND THE CITY OF TRACY TO ESTABLISH A PROGRAM FOR MULTISPECIES HABITAT CONSERVATION IN SAN JOAQUIN COUNTY KNOWN AS THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN (PLAN). This Memorandum of Understanding (MOU) is made and entered into this day of 1994, between the San Joaquin County Council of Governments (COG), the County of San Joaquin (COUNTY), and the Cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton and Tracy (CITIES). collectively "LOCAL PUBLIC AGENCIES:" and Caltrans - District 10 (CALTRANS), the California Department of Fish and Game (DEPARTMENT) and the U.S. Fish and Wildlife Service (SERVICE). WITNESSETH: WHEREAS, the COUNTY and CITIES have general land use authority or responsibility under State planning and zoning law, including the Subdivision Map Act; and WHEREAS, local government in exercising their permit authority over development activities, is generally a "lead agency" under the California Environmental Quality Act (CEQA); and WHEREAS, the general plans of several of the participating agencies recognize the need to protect vegetation, fish and wildlife resources and their habitats; and WHEREAS, it is the legislative policy of CEQA to "prevent the elimination of fish or wildlife species due to man's activities;" and WHEREAS, the DEPARTMENT is the trustee agency for fish and wildlife pursuant to CEQA and the California Fish and Game Code Section 1802; and . WHEREAS, fish and wildlife and are held in trust by the people of the State of California by and through the DEPARTMENT, and the DEPARTMENT exercises regulatory authority over fish and wildlife through the California Endangered Species Act (CESA) and the California Fish and Game Code (Sections 2050 etc., 1580 etc., 1601 etc., and 1505 etc.); and WHEREAS, CESA and Section 2053 of the Fish and Game Code establishes State policy that State agencies shall not approve projects that would jeopardize the continued existence of any threatened or endangered species and Sections 2081 and 2090 of the Fish and Game Code authorize the incidental taking of State listed species only under an approved 2081 Management Authorization issued by the DEPARTMENT for actions where LOCAL PUBLIC AGENCIES have jurisdiction, and only under an approved CESA Biological Opinion issued by the DEPARTMENT for actions where CALTRANS has jurisdiction: and WHEREAS, the SERVICE exercises regulatory authority over fish and wildlife under many federal statutes, including the U.S. Endangered Species Act (ESA) [16 U.S.C. Sections 1531-15431 and the Migratory Bird Treaty Act (16 USC 703-711): and WHEREAS, it is a primary purpose of ESA to insure the continued existence of species listed as threatened or endangered under ESA [16 U.S.C. Section 1531 (b)] and, through Section 10(a)(1)(13) of ESA, the SERVICE may authorize the incidental taking of a federally listed specie-; subject to preparation of an acceptable Habitat Conservation Plan: and WHEREAS, the DEPARTMENT may oppose new development proposals which adversely affect special status species on the basis of noncompliance with CESA and CEQA: and 2 r WHEREAS, the fragmented approach currently being used to mitigate impacts to threatened and endangered species and their habitats on a case-by-case basis is not biologically reliable, does not meet long-term species goals, nor is it an effective approach to planning new development; and WHEREAS, the LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT and the SERVICE desire that their respective concerns and responsibilities with regard to conservation of special status species be integrated and coordinated in such a manner as to ensure effective. timely and mutually beneficial resolution of such issues within San Joaquin County; and WHEREAS, CEQA, CESA, the Fish and Game Code, ESA, the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act, the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act and other Federal and State laws and policies provide for the protection, management, enhancement and continued existence of California's special status species; and WHEREAS, through preparation of a county -wide multi -species Habitat Conservation Plan, wildlife mitigation and compensation can occur in a timely and assured manner; and WHEREAS, there is considerable value in providing for timely processing of necessary development projects; and WHEREAS, cost savings to the local jurisdictions and private development interests may be afforded by the preparation of a multi -species plan, by eliminating redundancy in data compilation and analysis, and potentially designating single parcels of land to serve as mitigation sites for more than one species; and WHEREAS, the preparation of a multi -species plan and identification of mitigation sites for wildlife will result in preservation of open spaces which can be integrated with and provide the basis for a County -wide multi -use open space plan essential to the quality of life for the residents of San Joaquin County; and WHEREAS, the LOCAL PUBLIC AGENCIES have voluntarily and mutually established a multi -agency policy group, known as the Habitat Policy Advisory Committee (Policy Committee) for the purpose of developing a program to conserve wildlife resources in the County; and WHEREAS, San Joaquin County and the Cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton and Tracy desire that their local land use regulations and development decisions comply with Federal and State environmental and endangered species statutes and regulations, and recognize that a multi -species Habitat Conservation Plan will provide consistent and predictable treatment of development proposals throughout the County and that consistency reduces costs and uncertainty, ensuring a healthy economic environment for citizens and industries; and WHEREAS adoption of a Habitat Conservation Plan will preclude the need for further studies or mitigation for activities addressed in the PLAN subject to the requirements of the CESA Management Authorization and Federal 10 (a)(1)(B) permit and subject to exceptions provided in the Implementation Agreement; NOW THEREFORE, it is mutually agreed and understood that: The LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT and the SERVICE have entered into this MOU to define relationships among Federal, State and local jurisdictions with permit or regulatory authority over wildlife including special status species and to develop a cooperative program called the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (PLAN). This program, which will ensure that the activities of private and public parties will comply with applicable laws and regulations, will provide for the long-term protection of plant and animal species and will identify necessary mitigation in a timely manner. This MOU does not commit any of the participating LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT or the SERVICE to adopt or otherwise implement the PLAN, but only to participate in the planning process. Adoption of the PLAN shall be as prescribed below in Section 3.2. 2.0 PURPOSES OF THE PLAN The purposes of the San Joaquin County Multi -Species Habitat Conservation Plan. hereinafter called the "PLAN," are as follows: 2.1 Prepare the Habitat Conservation Plan To prepare a Habitat Conservation Plan which identifies impacts resulting from activities covered by the PLAN and appropriate mitigation measures to protect special status species. and meets the goal of conserving those species. The PLAN will establish long-term mitigation/management funding mechanism(s) which will be used to fund the implementation of planning, mitigation and management measures to meet this goal. An important objective is to meet the requirements of State and Federal applicable laws, rules and regulations for the conservation of special status species. 2.2 Implementation Program To establish an administrative process to implement the long-range management and protection measures which are adopted as part of the PLAN. To establish long-term strategies for implementing the PLAN, including multiple funding mechanisms. 2.3 Protection of Special Status Species To conserve, protect and maintain viable 4 emulations of native special status species within the County as Iprovided by State and Federal law. This objective will be accomplished by allowing activities addressed in the PLAN to proceed if suitable mitigation is implemented as identified in the PLAN. so as to achieve the goal of the conservation of special status species. 2.4 Mitigation for Impacts to Multiple Wildlife Sl&cies To mitigate impacts to wildlife from activities identified in the PLAN and to preserve representative populations of plant and animal communities for future generations. Mitigation duties required under NEPA. CEQA and the Fish and Game Code 1600 etc. shall, where biologically feasible, be combined with habitat replacement activities required to protect special species. 2.5 Assurances to Public and Private Sectors To provide a means to standardize and integrate mitigation/management measures for multiple wildlife species so that public and private development actions together with mitigation/management measures established by the PLAN will satisfy without duplication or unnecessary delay applicable provisions of State and Federal laws and applicable local ordinances and regulations. 2.6 Preservation of Ogen Space To develop policy guidelines and/or identify open space corridors to preserve natural and undeveloped buffer areas between future and present urban areas. 2.7 Consistency with Local Plans. State and Federal Laws To identify measures for the protection and management of vegetation, fish and wildlife resources and their habitats consistent with local general plans and long-term conservation of species consistent with state and federal laws. 2.8 Cumulative Effects To identify and specify those mitigation measures required by C", -.QA and NEPA needed to lessen or avoid the cumulative effects of activities identified in the PLAN on wildlife and eliminate, where possible, the requirement for case-by-case review of all such effects caused by those activities. 2.9 Secure ARplicable Permits To secure both a State Management Authorization Permit (Section 2081), CESA Biological Opinion (Section 2090) and a Federal Endangered Species Act Federal Section 10 (a)(1)(B) Permit. The foregoing shall be accomplished through the PLAN components, as described below, including, but not limited to (a) a multiple -species Habitat Conservation Plan to direct special status species preservation efforts in the County, and (b) an implementing agreement among the LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT and the SERVICE to administer a consolidated Federal, State and local permit process to accomplish the PLAN. This MOU does not commit any of the participating LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT or the SERVICE to adopt or otherwise implement the 1 components of the PLAN, but only to participate in the planning process. Adoption of the PLAN components shall be as prescribed below in Section 3.2. 3.0 COMPONENTS OF THE PLAN 3.1 Habitat Conservation and Onen Space Plan The PLAN will: (a) Evaluate the status and distribution of native special status species throughout San Joaquin County as listed in EXHIBIT A; (b) Determine the potential impacts on multiple species including special status species which may result from activities addressed by the PLAN occurring within the CITIES and COUNTY; (c) Identify appropriate and feasible habitat and foraging areas to be managed. preserved, protected and enhanced for multiple wildlife species including special status species; (d) Identify strategies and management actions for achieving the goals of the PLAN as set forth in the MOU; (e) Develop a coordinated, consistent, and biologically sound approach to evaluating impacts and mitigating losses from activities addressed in the PLAN which will meet the goal of conservation of multiple species including special status species; (f) In addition to, and in conjunction with, identifying areas for the protection and management of wildlife, develop policy guidelines and/or identify corridors and buffers between future urban areas to be preserved as open space consistent with the wildlife objectives of the PLAN; (g) Provide a funding mechanism(s) to carry out the PLAN; (h) Gain broad-based public support for the program from affected public sector, environmental, business, agricultural, development, and property ownership interests: and, (i) Identify the long-range implementation program to carry out the mitigation measures which are adopted as part of the PLAN. 3.1.1 cies of Concern. Species to be specifically addressed in the PLAN are Federal and State endangered. threatened, rare. candidate and special concern species listed under EXHIBIT A and occurring within the boundaries of San Joaquin County. EXHIBIT A may be amended from time to time by mutual agreement of the parties to this MOU through 0 °�� `.�".:.�`� meetings held and noticed in accordance with the provisions of the Brown Act. 3.1.2 Areawide Biolggical Assessment It is intended that the review and approval of the PLAN by the participating LOCAL PUBLIC AGENCIES, CALTRANS, the DEPARTMENT and the SERVICE, will establish the Federal, State and local environmental policies to be applied to activities addressed in the PLAN in the study area. The PLAN will be designed to accomplish both State and Federal protection goals for special status species consistent with the requirements of the CESA Management Authorization (Section 2081), CESA Biological Opinion (Section 2090) and Federal 10 (a)(1)(B) Permit guidelines. 3.1.3 Uniform Permit Process It is the intent of the signatory agencies to eliminate, to the extent authorized by law, duplicate review of the impacts of activities addressed in the PLAN on special species listed in EXHIBIT A. The Federal, State and Local governments wish to apply uniform mitigation and management measures to those classes of activities which are resulting in the degradation of the status of special status species. These measures will be applied to activities addressed in the PLAN which have an adverse effect on special status species. Permit conditions authorized and/or required under all applicable Federal and State laws over which the SERVICE and DEPARTMENT have jurisdiction will be administered to achieve protection of special status species listed under EXHIBIT A. 3.1.4 Key Milestones/Participating Agencies For a listing of the key milestones and the agencies participating in completing each milestone, see EXHIBIT B. EXHIBIT B may be amended from time to time by mutual agreement of the parties to this MOU through meetings held and noticed in accordance with the provisions of the Brown Act. A milestone need not necessarily be completed before proceeding with the subsequent milestone. 3.2 AdMion and Implementation of the PLAN Each participating local agency may independently adopt the final PLAN by action of their respective City Councils or Board of Supervisors. CALTRANS may adopt the PLAN by signature of its District Director. The DEPARTMENT may adopt the PLAN by signature of the Director. Final acceptance of the PLAN by the SERVICE shall be evidenced by the signing of the Implementation Agreement and issuance of a 10(a) permit by the Deputy Regional Director, Region 1. Adoption of all mitigation measures necessary to assure PLAN is implemented by the anticipated Permit Holders (LOCAL PUBLIC AGENCIES adopting the PLAN and CALTRANS) shall occur prior to issuance of applicable permits and agreements from the DEPARTMENT and SERVICE. 3.3 Implemcntation Agreement The PLAN shall be implemented through the permit actions of the individual participating LOCAL PUBLIC AGENCIES. The administration of uniform permit actions shall be identified and assured- in an enforceable Implementation Agreement which shall specify the duties of each agency. This MOU does not commit any of the participating LOCAL PUBLIC AGENCIES. 7 CALTRANS, the DEPARTMENT or the SERVICE to adopt or otherwise implemcm the c.ornponents of the PLAN, but only to participate in the planning process. Adoption of the PLAN components shall be as prescribed above in Section 3.2. 3.4 DEPARTMENT C000eration The DEPARTMENT agrees to provide legal, technical, and biological assistance in analyzing existing habitat needs for those species listed in EXHIBIT A which are found within the County in a manner that can be coordinated with the wildlife management efforts of other jurisdictions. The DEPARTMENT further agrees to provide COG with Natural Diversity Database text and maps, and other pertinent information related to special status species in its possession, at no cost to COG. Copies of all special status species information collected in conjunction with the PLAN shall be provided to the DEPARTMENT at no cost. Data from other sources may be used as appropriate. 3.5 SERVICE Cooperation The SERVICE agrees to provide technical and biological assistance in analyzing existing habitat needs for those species listed in EXHIBIT A which are found within the County. The SERVICE will also provide legal assistance through the Regional Solicitor's Office of the Department of the Interior. The SERVICE further agrees to provide COG with all pertinent information related to special status species in its possession, at no cost to COG. Copies of all special status species information collected in conjunction with the PLAN shall be provided to the SERVICE at no cost. Data from other sources may be used as appropriate. 3.6 CALTRANS Cooperation Caltrans agrees to: - Provide the COG Consultant with access to all available aerial photos of its jurisdiction within its possession at no cost. - Provide the COG Consultant with access to all environmental documents within its possession. - Provide a staff contact to the COG Consultant. - Assist the project consultant in gaining access to lands within its control. 3.7 CITIES AND COUNTY Cooperation The CITIES and COUNTY agree to: - Provide the COG Consultant with access to all aerial photos of its jurisdiction within its possession at no cost. - Provide the COG Consultant access to all environmental review documents in its possession which contain information related to special status species. - Provide a staff contact to the COG Consultant. - Assist project consultant` in gaining access to private and public lands within their jurisdiction. 3.8 Interim Mitigation of Projects An Optional Interim Program shall be fotanulated per EXHIBIT B. The goal of the Optional Interim Program shall be to provide mitigation for activities addressed in the Interim Plan perhaps through a funding mechanism to acquire habitat. The Optional Interim Program shall be subject to review by the Policy Committee, the Working Group, the DEPARTMENT and the SERVICE. Participation in the Interim Program shall be optional. Each CITY, the COUNTY, and CALTRANS may decide to participate or not participate upon review of the Optional Interim Program components. The Optional Interim Program will not include provisions for incidental take of federally listed species. - 4.0 COORDINATING AGENCY The San Joaquin County Council of Governments (COG) shall act as Coordinating Agency for preparation of the PLAN, and shall consult with the Habitat Policy Advisory Committee and Habitat Staff Working Group on a regular basis during performance of their responsibilities as the Coordinating Agency. The DEPARTMENT and SERVICE will assist and cooperate in the development and preparation of the PLAN. COG, as Coordinating Agency, shall have primary responsibility for: (a) Drafting the Memorandum of Understanding for preparation of the PLAN; (b) Circulating the Request for Proposals (RFPs) to consultants for the preparation of the PLAN; (c) Receiving and evaluating all proposals prepared by the consultant(s); (d) Selecting the Consultant(s)*; (e) Negotiating a contract with the selected consultant(s); (f) Contracting with the consultant(s) to prepare the PLAN; (g) Drafting the Optional Interim Program; (h) Managing the consultant during preparation of the PLAN; (i) Overseeing preparation of CEQA/NEPA environmental documents*; 0) Reviewing and commenting on work products submitted by the consultant(s); (k) Acting as treasurer and dispersing funds collected by the LOCAL PUBLIC AGENCIES for services performed by the consultant(s), (1) Conducting workshops, hearings, and other meetings during preparation and 0 r1 adoption of the PLAN; (m) Informing the Habitat Policy Advisory Committee and Habitat Staff Working Group, signatories, local decision-making bodies, and other interested parties of the progress of the planning process; in) Preparing grant applications to secure funding for PLAN preparation; and (o) Initiating, overseeing and/or coordinating all milestone tasks listed in EXHIBIT B. * The SERVICE, as lead NEPA agency, shall approve the selection of the NEPA consultant, supervise the scope and content of the NEPA document and insure that all federal conflict of interest guidelines are followed. 5.0 HABITAT POLICY ADVISORY COMMITTEE The Habitat Policy Advisory Committee shall be responsible for providing policy recommendations to COG, the CITIES and COUNTY related to the PLAN. The Policy Committee shall represent a balance of development, business, environmental, agricultural, local agency, public agency and other stakeholder interests. Each representative, as appointed -by the Chair of the COG Board of Directors, shall continue to serve on the Policy Committee until such time as they are replaced or removed by the Chair of the COG Board sof Directors. Members may be added with the approval of the Chair of the COG Board of Directors as deemed necessary to represent the interests of stakeholders in the PLAN while maintaining a balance between the numerous interests. The committee members sha , meet on a regular basis, shall actively participate in the preparation of the PLAN, and sh J provide input and support to COG. The committee members shall be delegated certain responsibilities by COG to assist in the completion of the PLAN, and shall be represented at all workshops, hearings, and meetings which are held regarding the PLAN. It is recognized that representatives of LOCAL PUBLIC AGENCIES, CALTRANS, and the DEPARTMENT shall participate on, and the SERVICE shall advise and assist, the Habitat Policy Advisory Committee in an advisory capacity and representatives will keep their agencies appraised of the status of the project and seek and provide input from their agencies, however, participation, or in the case of the SERVICE, advice and assistance, does not guarantee approval or adoption of the PLAN, Implementation Agreement, or applicable permits by their respective agencies. 6.0 HABITAT STAFF WORKING GROUP It is appropriate and necessary that certain other -agencies and private groups be directly involved in the preparation of the PLAN and program implementation, either through public input and comment, sharing of data resources and intormation, staff expertise, andior participation in funding. This group shall be referred to as the Habitat Staff Working Group 10 and shall consist of representatives of various interested individuals, groups and _ organizations. Members may be added by the Chair of the COG Board of Directors as deemed necessary to assist in preparation of the PLAN. The Habitat Staff Working Group shall be advisory to the Habitat Policy Advisory Committee. The Working Group members shall meet on a regular basis, shall actively participate in the preparation of the PLAN, and shall provide input and support to the Policy Committee and/or COG. The Working Group members shall be delegated certain responsibilities by the Policy Committee and/or COG to assist in the completion of the PLAN, and shall be represented at all workshops, hearings, and meetings which are held regarding the PLAN. - It is recognized that representatives of LOCAL PUBLIC AGENCIES, CALTRANS, and the DEPARTMENT shall participate on, and the SERVICE shall advise and assist, the Habitat Staff Working Group in an advisory capacity and representatives will keep their agencies appraised of the status of the project and seek and provide input from their agencies, however„ participation, or in the case of the SERVICE, advice and assistance, does not guarantee approval or adoption of the PLAN, Implementation Agreement, or applicable permits by their respective agencies. 7.0 PUBLIC PARTICIPATION It is the intent of the parties to this agreement that the public will be afforded sufficient opportunity to provide input to the PLAN during the scoping, planning, and adoption process. Therefore, all meetings of the Habitat Policy Advisory Committee and Habitat Staff Working Group shall be open to the public. Input from the public shall be solicited at those meetings. In addition, public education, including public workshops, shall be stressed both during the planning process and as part of a successful implementation program. 8.0 CONSULTANT SERVICES One or more qualified experts shall be selected to provide consulting services for the actual preparation of the PLAN and related documents. The consultant(s) will work with COG's coordinating consultant in performing these duties. It is anticipated that the consultant's primary duties will include data gathering, technical analysis, economic analysis and working with COG's coordinating consultant to draft the PLAN, Implementation Agreement and to secure applicable permits. The scope of the contracted work shall be reviewed by the Habitat Policy Advisory Committee and Habitat Staff Working Group prior to circulation of a Request for Proposals (RFP). The COG shall circulate the RFP. The consultant shall be selected through a competitive process managed by the COG. The consultant(s) shall work with COG's coordinating consultant to perform the following duties: (a) Reporting regularly to the Habitat Policy Advisory Committee; (b) Consulting and meeting directly with the local public agencies, CALTRANS, the DEPARTMENT, the SERVICE and the general public; a (c) Coordinating and conducting species and habitat surveys; reviewing existing land use, agricultural and biological data; establishing quantitative goals for species and habitat management for the PLAN consistent with requirements of the CESA Management Authorization (Section 2081), CESA Biological Opinion (Section 2090) and Federal 10 (a)(1)(B) permit and; providing recommendations for preserve design, and management; (d) Preparing supporting documents as requested, which may include the Implementation Agreement, CEQA/NEPA documents* and applications for the CESA Management Authorization (Section 2081), CESA Biological Opinion (Section 2090) and Federal 10 (a)(1)(B) permit; and (e) Designing a long-term implementation funding mechanism and program which may include a review of the nexus between any proposed fees and the permit process and complete a nexus study consistent with AB 1600 (Government Code Section 66000 et seq.). (f) Providing technical support to the Policy Committee and Working Group upon request. * The SERVICE, as lead NEPA agency, shall approve the selection of the NEPA consultant, supervise the scope and content of the NEPA document and insure that all federal conflict of interest guidelines are followed. 9.0 FUNDING/MITIGATION It is anticipated that PLAN preparation will cost approximately $480,000. Potential funding sources for the PLAN include state subvention grants, COG Planning Funds, Swainson's Hawk Mitigation Fees and the San Joaquin Valley Endangered Species Recovery Planning Program. A long-term mitigation/management funding structure shall be included to implement the habitat acquisition management objectives of the PLAN. The PLAN will identify diverse mechanisms for equitably distributing the cost of implementing the PLAN. Mitigation measures must be reviewed and approved by the DEPARTMENT and SERVICE in consultation with the Policy Committee and mitigation measures are subject to adoption by the County Board of Supervisors and the individual Councils of each City. Adoption of mitigation measures by the anticipated Permit Holders shall occur prior to issuance of applicable permits from the DEPARTMENT and SERVICE. 10.0 DEFINITIONS (a) Audubon Blue List - List published by the Audubon Society indicating birds of special concern to the Audubon Society. 12 f (b) California -Native Plant Society (CNPS) inventory List - A listing of special status plants published by the California Native Plant Society. Listings are defined as follows: List IA = Presumed Extinct List 113 = Plants rare in California and elsewhere List 2 = Plants rare in California but more common elsewhere List 3 = Plants about which more information is needed - a review list List 4 = Plants with limited distributions - a watch list (c) Candidate Species (ESA) - A species being considered by the Secretary of the Interior for listing as threatened or endangered but not yet the subject of a proposed rule. The SERVICE classifies candidate species into three categories: Category 1 species are those for which sufficient information exists to warrant listing but which are not yet listed because of time or other constraints within the Department of the Interior; Category 2 species are those for which additional information is required before a determination can be made as to whether listing is warranted; Category 3a, 3b and 3c species are those which have become extinct or for which taxonomic, distribution or threat information indicates that listing is not presently warranted but the status of which should be monitored. (d) Candidate Species (CESA) - Species or subspecies formally noticed by the Fish and Game Commission as being under review by the DEPARTMENT to determine whether listing as threatened or endangered is warranted, or the subject of a proposed rule-making by the Commission to list as threatened or endangered. (Fish and Game code Section 2068.) (e) Council of Governments Coordinating Consultant - The consultant hired by the San Joaquin County Council of Governments, prior to execution of the Memorandum of Understanding, to oversee and coordinate PLAN preparation. (f) Development and Projects (State) - are as defined in Government Code Sections 65927 and 65928. (g) Development and Proiects (Federal) - are defined as any action or activity with a potential to take a PLAN species over which local public agencies exercise jurisdiction or control. (h) Endangered Species (ESA) - Any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the class Insecta determined by the Secretary to consritute a pest whose protection under the provision of the Endangered Species Act would prevent an overwhelming and overriding risk to man. [ESA -Section 3(6).] 13 (i) Endaggcred SRccies (CESA) - Species or subspecies that is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes as specifted in the Fish and Game Code Section 2062. (j) Rally Protected Species - A species identified in Fish and Game Code Sections 3511, 4700, 5050. or 5515. (k) Habitat Conservation Plan (HCP) - Required plan, submitted by an application for a Section 10(a) permit allowing incidental taking of a species, which includes: (i) the impact which will likely result from such taking; (ii) what steps the applicant will take to monitor, minimize and mitigate such impacts, and the funding that will be available to implement such steps; (iii) what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; (iv) responses to unforeseen circumstances. and: (v) such other measures that the Secretary may require as being necessary or appropriate for purposes of the plan. [ESA -Section 10(a)(2)(A). ) (l) RIAM - any member of the plant kingdom including seeds, roots and other parts thereof [ESA -Section 3, subparagraph 111 (m) Bx& SW&ies (C SA - A native Ca:-, , !ant (species or subspecies), that is altho,igh not presently threatened with exttncton, in such small numbers throughout its range that it may become endangered if its present environment worsens. (Fish and Game Code Section 1901.) (n) special Animal - Species included in California's Natural Diversity Database which fall into one or more of the following categories: -Taxa that are biologically rare, very restricted in distribution or declining throughout their range -Population(s) in California that may be peripheral to the major portion of a won's range, but which are threatened with extirpation in California -Taxa closely associated with habitat that is declining in California (e.g. wetlands, riparian, old growth forest, desert aquatic systems, native grasslands.) (o) Species of Special Concern - For the purposes of this PLAN. a species of special concern is one designated the California Department of Fish and Came as such because of declining population levels, limited ranges, or rarit,, which has made the species vulnerable to extinction. The goal of the designation is to prevent these species from becoming endangered by addressing the issues of concern early enough to secure long term viability for the 6pecies. (p) Special Status Species - State and federally listed endangered, threatened, rare, candidate and special concern animals and plant spl-cies as listed under EXHIBIT 14 "A" attached to this MOU and as may be amended from time to time by mutual agreement of the parties to this MOU through meetings held and noticed in accordance with the provisions of the Brown Act. (c) Threatened SW,cigs (ESAI - Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. [FSA -Section 3(20).] (r) 'nreatengd Species (CESA) - A species or subspecies, although not presently threatened with extinction, that is likely to become an endangered species in the foreseeable future in the absence of special protection and management efforts. (Fish and Game Code Section 2067.) (s) Wildlife (CESA) - shall be as defined in Fish and Game Code Section 711.2(a) (t) Wildlife (ESA) - shall be as defined in Section 3, subparagraph S, of the Federal Endangered Species Act of 1973. 15 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below. as of the day and year first above written. By M to Boyd Gibbons, Director California Department of Fish and Game Approved as to form: By: Date Craig Manson, General Counsel California Department of Fish and Game 16 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Date Joel A. Medlin, Field Supervisor U.S. Fish and Wildlife Service Approved as to form: By: Date Lynn Cox, Assistant Regional Solicitor U.S. Department of the Interior 17 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Date Gordon Marts, District Director Caltrans Approved as to form: By: Joe Easley, Counsel Caltrans 18 Date IN WITNESS WHEREOF, THE PARTIES HERE TO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Bob Cabral, Vice Chair of the Board of Directors San Joacuin County Council of Governments Attest: By: Steve Dial, Manager of Finance and Administration San Joaquin County Council of Governments 19 Date Date N WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. 0 Douglass W. Wilhoit, Chairman San Joaquin County Board of Supervisors Approved as to form: Date By: Date John Cheadle, County Counsel San Joaquin County 367 M . i IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Lynn Gentry, Mayor City of Escalon Approved as to form: Date By: Date James Fonda, City Attorney City of Escalon 21 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By Date Darlene Hill, Mayor City of Lathrop Approved as to form: By: Date Carl Waggoner, City Attorney City of Lathrop IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. Ey: Date !u - 7- 0 A. Peterson, City Manager of Lodi Approved as to form: ,_ By: L Date /J -1- q/ Bob W. McNatt, City Attorney City of Lodi 23 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Date Franklin J. Warren, Mayor City of Manteca Approved as to form: By: Date John D. Brinton, City Attorney City of Manteca 24 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Date, Marvin Pater, Mayor City of Ripon Approved as to form: By: Tom Terpstra, City Attorney City of Ripon 25 Date )N WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year fust above written. By: Date Dwane Milnes, City Manager City of Stockton Appeoved as to form: By: Date R. Thomas Harris, City Attorney City of Stockton 26 IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding, on the date(s) set forth below, as of the day and year first above written. By: Date Clyde Bland, Mayor City of Tracy Approved as to form: By: Date Debra Corbett, City Attorney City of Tracy 27 EXHIBIT "A" TENTATIVE** LIST OF STATE AND FEDERAL ENDANGERED. THREATENED AND CANDIDATE ANIMAL AND PLANT SPECIES TO BE CONSIDERED*** IN THE PREPARATION OF THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN ** Subject to revisions (additions and deletions) pending review of data from Audubon. California Native Plant Society. US Fish and Wildlife Service, Delta Protection Commission. California Department of Fish and Game. Ducks Unlimited etc. *** While emphasis for the PLAN shall be on species currently listed and/or with a high potential for future listing. consideration shall be given to animal and plant species of concern not currently listal. where feasible. to facilitate amendments to applicable permits obtained in conjunction with the Plan should these species be listed over the life of the Plan. Species - date last seen (per NDDB) Status: Fed/CA/Other MAMMALS San Joaquin Kit Fox - 1992 Endangered/Threatened/-- (Vu�es macrotia mutica Riparian Brush Rabbit - 1988 Candidate for Category 1/Candidate for (SyIvilagus bachmani riparius Endangered/CA Species of Special Concern Riparian Woodrat (San Joaquin Valley Woodrat)- 1955 Category 1 Candidate for Listing /--/CA Neotom fuscipes 1jaria Species of Special Concern Greater Western Mastiff Bat (California Mastiff Bat) Category 2 Candidate for Listing/ --/CA EumoQerotis californicus) Species of Special Concern Townsend's Western Big -eared Bat (Pacific Western Big- Category 2/4CA Species of Special eared Bat) Concern Plecotus townsendii townsendii) Townsend's Big -eared Bat (Pale Big -eared Bat) --/--/CA Species of Special Concern (Plecotus townsendii pallescens) American Badger --/--/CA Species of Special Concern (Tax—idea taxis) Ringtail (Ringtail Cat) --/--/CA Fully Protected Species (Bassaricus astutus) 28 Species - date last seen (per NDDB) Status: Fed/CA/Other San Joaquin Pocket Mouse - 1987 --1--!* (Perognathus inornatus jtnQrnatvO Berkeley Kangaroo Rat •-/••/* (Di omvs heermanni berkeleyensis) BIRDS American Peregrine Falcon Endangered/Endangered/California Fully F( alco Reregrinus a t m Protected Species Bald Eagle Endangered/Endangered/-- (nesting and (Haliaeetus leucocephalus) wintering) Western Yellow-Billed Cuckoo - 1973 --/Endangered/Audubon Blue List oce zus americanus occidentaiis) (nesting) Aleutian Canada Goose Threatened/--/-- (wintering) (Branca canadensis leuco aR riea) California Black Rail - 1992 Category 2 Candidate for (Laterallus jamaicensis coturniculus) Listing/Threatened/California Fully Protected Species Swainson's Hawk --/Threatened/CA Species of Special (Buteo swainsoni) Concern (nesting) Greater Sandhill Crane --/Threatened/CA Fully Protected (crus canadensis tab da Species (breeding and wintering) Bank Swallow --/Threatened/--(nesting colony) (Ri aria riari ) California Horned Lark Category 2 Candidate for Listing/--/CA (Eremgphila all2estris actia) Species of Special Concern Tricolored Blackbird - 1992 Category 2 Candidate for Listing/--ICA (Agelaius trieol r) Species of Special Concern Loggerhead Shrike Category 2 Candidate for listing/--/CA ( aunius ludovicianus) Species of Special Concern Category 2 Candidate for Listing/--/CA White-faced ibis Ple adis chihi) Species of Special Concern (rookery) Western Snowy Plover Proposed Threatened/--/CA Species of ( haradrius alexandirus nivosus) Special Concern (breeding) 29 Species - date last seen (per NDDB) Status: Fed/CA/Other Mountain Plover Category 2 Candidate for Listing/ --/CA (Charadrius mantanu*)Species of Special Concern (wintering) Ferruginous Hawk Category 2 Candidate for Listing/—/CA (leu.. tear reali Species of Special Concern (wintering) Long -billed curlew --/--/CA Species of Special Concern (Numenius americanus) (breeding) Burrowing Owl - 1993 —/ --/CA Species of Special Concern, A hens cunicularia) Audubon Blue List (burrow sites) Black -shouldered kite /--1--/*, CA Fully Protected Species Elanu caeruleu (nesting) Osprey --/--/CA Species of Special Concern (Pandion kali e,us (nesting) sharp -shinned hawk --/--/CA Species of Special Concern (Aci iR ter striaw) (nesting) Wrlin --/--/CA Species of Special Concern (Falco columbarius) Yellow -breasted chat --/--/CA Species of Special Concern (Icteria virens) (nesting) Yellow warbler --/--/CA Species of Special Concern (Dendroicaetp echia brewsteri) (nesting) Northern Harrier --/--/CA Species of Special Concern (Circus cgyaneus) (nesting) American white pelican --/--/CA Species of Special Concern (Pelecanus erthrorhynchos) (nesting colony) --/--/CA Species of Special Concern Double -crested cormorant (Phalacrocorax auritus) (rookery) Short -eared owl --/--/CA Species of Special Concern (Asio tlammens) (nesting) Prairie Falcon --/--/CA Species of Special Concern (Falco mexicanis) (nesting) Cooper's Hawk --;--/CA Species of Special Concern (A ccipiter cooperi) (nesting) 30 Species - date last seen (per NDDB) Status: Fed/CA/Other Golden Eagle --/--/CA Species of Special Concern (Aquila chrysaetos) (nesting/wintering), CA Fully Protected Species Great Blue Heron -1989 --/--/* (rookery) (Ardea h i Western Grebe --/--/* (Aechmophorus _Q;cidentalis) Great Egret —/--/* (rookery) (Casmerodius aibus) Black-crowned Night Heron --I--1* (rookery) (Nvcticorax n ctic rax Snowy Egret --/--/* (rookery) REPTILES Blunt-nosed leopard lizard Endangered/Endangered/-- ( amell i u Giant Garter Snake - 1987 Threatened/Threatened/-- (Thamnophis Qip.W Northwestern Pond Turtle Category 2 Candidate for Listing/--/CA ( l� emmvs marmorata marmorata) Species of Special Concern Southwestern Pond Turtle Category 2 Candidate for Listing /--/CA ( lemm marmorata alb lids) Species of Special Concern California (Coast) Horned Lizard - 1992 --/--/CA Species of Special Concern (Phrynosoma coronatum frontale San Joaquin Whipsnake - 1991 --/--/CA Species of Special Concern (Masticophis flagellum ruddocki) AMPHIBIANS California Red-legged Frog-1992 Proposed Endangered/--/CA Species of (Rana aurora dra t ni) Special Concern California Tiger Salamander-1992 Category 2 Candidate for Listing-listing (Ambystoma californiense) petitioned/--/CA Species of Special Concern 911 Species - date 'ast seen (per NDDB) Status: Fed/CA/Other Foothill Yellow -legged Frog - 1958 Category 2 Candidate for Listing/ --/CA (Ranalii) Species of Special Concern Western Spadefoot Toad -1992 Recommended Category 2 Candidate for (Scaphiopus hammondi) Listing/ --/CA Species of Special Concern FISH Winter -run Chinook Salmon Threatened/Endangered/-- (Oncorhynchus mhAAytshca) Delta Smelt Threatened/ --/CA Species of Special (Hvnomesus tssMificus) Concern Sacramento splittail Proposed Threatened/—/CA Species of (Pogonichthys macrolepidotus) Special Concern Green Sturgeon Recommended Category 2 Candidate for (Acipenser medic tris Listing/--/-- Longfin Smelt Luting petitioned Category 2 Candidate ( irinchus thaleichthvs) for Listing/ --/-- Chinook Salmon (Spring run) --1--/CA Species of Special Concern (Oncorhynchus tshaw-ytshca) INSECTS Valley Elderberry Longhorn Beetle - 1989 Threatened/--/--/ (Desmocerus californicus dimorphus) Moesmn Blis:zr Beetle Category 2 Candidate for listing/ --/-- Qt moesta) OTHER INVERTEBRATES Vernal Pool Fairy Shrimp Pr- ,,osed Endangered/--/-- (Branchinecta I nchi Vernal Pool Tadpole Shrimp Proposed Endangered/ --/-- (Le idurusacp kardi) California Lirderiella Proposed Endangered/--/-- (Linderiella occidentialis) PLANTS Ferris' Palmate Bird's -Beak ;Palmate- Bracted Bird's- Endangered/Endangered/CA Native Plant Beak) (Cordylanthus palmatuD Societv List IB 32 .► •i Species - date last seen (per NDDB) Status: Fed/CA/Other Contra Costa Wallflower Endangered/Endangered/CA Native Plant (EmiLm- m canitatum var. a ustatum) Society List 113 Antioch Dunes Evening Primrose Endangered/Endangered/CA Native Plant (Oenothera deltoides var. h wellii Society List 18 Large -flowered Fiddleneck - 1992 Endangered/Endangered/CA Native Plant (Amsinckia grandiflara) Society List IB Greene's Tuctoria (Orchid Grass) -1936 Proposed Endangered/Rare/CA Native u t ri Leen ' Plant Society List IB Colusa Grass Proposed Threatened/Endangered/CA (NeostapfiaIco usana) Native Plant Society List 1B Boggs Lake Hedge -Hyssop Plant Category 3C/Endangered/CA Native (D_raLiQ_1a heterosepala) Plant Society List IB Delta button -celery (Delta Coyote Thistle) - 1939 Category 2 Candidate for (ErynQium racemosum) Listing/Endangered/CA Native Plant Society List IB Mason's Lilaeopsis - 1992 Category 2 Candidate for (Lilaeopsis masonii Listing/Rare/CA Native Plant Society List 1 B Caper -fruited Tropidocarpum -1937 Category 2 Candidate for Listing/ --/CA (Tropidocarpum capparideum) Native Plant Society List IA (Possibly Extinct) Mt. Diablo Buckwheat Category 3A/ --/CA Native Plant Society (EriQ onum truncatum) List IA Diamond -petaled Poppy (Diamond -petaled California Category 2 Candidate for Listing/ --/CA Poppy) (Eschscholzia Rhom ipemla) Naive Plant Society Lis[ IA Showy Indian Clover Category 2 Candidate for Listing/ --/CA Trifolium AmQenum Native Plant Society List 113 Recurved Larkspur Category 2 Candidate for Listing/- 'CA (Delphinium recurvatum)) Native Plant Society List IB Suisun Marsh Aster - 1989 Category 2 Candidate for Listing/ --/CA (Aster lents also A. chilensis var. lents%) Native Plant Society List IB Sanford's Arrowhead (Sanford's Sagittaria) - 1940 Category 2 Candidate for Listing/ --/CA (5Agivari sandfordfi) Native Plant Society List 113 33 Species - date last seen (per NDDB) Status: Fed/CA/Other Delta Tule Pea - 1987 (Lath M ien� sonii var 'e s nii Category 2 Candidate for Listing/ -/CA Native Plant Society List 113 Slough Thistle - 1974 Q111'Q111im msicaule) Category 2 Candidate for Listing/ --/CA Native Plant Society List 1B California Hibiscus - 1992 UNNU-2 IasiocarQus) Category 3b/ --/CA Native Plant Society List 2 Hospital Canyon Larkspur (Delphinium olifornicum spp. in ' Category 2 Candidate for Listing/ --/CA Native Plant Society List 1B Heartscale (Heart -leaved Saltbush) (ALripjex ordulaW Category 2 Candidate for Listing/ --/CA Native Plant Society List 113 Alkali Milk -vetch - 1927 (Astragalus 1= var. t ner --/--/CA Native Plant Society List 1B Showy Madia - 1938 (M_ adia radiata --/--/CA Native Plant Society List IB Wright's Trichocoronis - 1914 (Trichocoronis w i h ii var. wri htii) also trochocoronis? --/--/CA Native Plant Society List 2 Delta mudwort ( im I1 u ata - 1986 --/--/CA Native Plant Society List 2 Valley Oak ( uru loa ) --/-/CA Native Plant Society List 4 Hoovers Cryptantha Qryat-aniha hgQygrjj --/--/CA Native Plant Society List 4 COMMUNITIES Northern Hardpan Vernal Pool N/A Northern Claypan Vernal Pool N/A Coastal and Valley Freshwater Marsh N/A Great Valley Cottonwood Riparian Forest N/A Great Valley Mixed Riparian Forest N/A Great Valley (yak Riparian Forest N/A Elderherry Sa%anna N/A 34 CEQA guidelines 35 J'lR.�_a`.... c�.g.+♦► Y�'s.'�'`- -►�:. .a •... a,., , ... A :,yy .. ^ear .._-_ -:.--..,y.. ,a...a . '.�. � .� .. � ,�vi�,'-. wt}�*,r:, � ¢7�� ��. ',��+'.. EXHIBIT B Overview Scope of Work San Joaquin County Multi-Spccies Habitat Conservation and Open Space Plan TASK DESCRIPTION/MILESTONES PARTICIPATING PARTY/PARTIES PHASE O IDENTIFY/MEET WITH INTERESTED PARTIES (Ongoing COG. HPAC. COG Consultant throughout process) PHASE 1 PROJECT INITIATION 1.1 Memorandum of Understanding (draft, review. adopt) COG. HPAC. HSWG. CALTRANS. DEPARTMENT, SERVICE, COG Consultant 1.2 Funding Plan Preparation (identify and secure) — see also Interim COG. HPAC. HSWG, COG Consultant Program Management 1.3a Request for Proposals (draft, review, circulate) COG, HPAC. HSWG. DEPARTMENT, SERVICE. COG Consultant 1.3b Hire Consultant A for technical analysis (biological field surveys, mapping and COG with recommendations from preliminary recommendations for preserves and estimates of levels of take) HPAC. HSWG. DEPARTMENT. SERVICE 1.4 Public/Agency Workshop(s) f/1 COG Consultant coordinates w/ participation from HPAC. HSWG. DEPARTMENT. SERVICE PHASE 2 INTERIM PROGRAM MANAGEMENT 2.1 Optional Interim Program (Draft. Review. Adopt) COG. HPAC. HSWG. CALTRANS. DEPARTMENT, SERVICE. COG Consultant 2.2 Land Acquisition: Secure and administer grants as available COG. COG Consultant w/ review and approval from HPAC. HSWG. DEPARTMENT. SERVICE PHASE 3 TECHNICAL ANALYSIS 3.1 Agricultural. Land Use. Biological Data collection (Existing information) COG Consultant w/ assistance from LOCAL PUBLIC AGENCIES. CALTRANS. DEPARTMENT. SERVICE 3.2 Consultant A reviews existing land use. agricultural and biological data Gituultant A supplied by COG and performs new biological field surveys 3.3. Consultant A 3.4 Consultant A analyzes and recommerxis quantified goals for Plan based on biological. land use and agricultural data. prepares base niaps 3.5 NEPA,'CEQA environmental review/assrsirncnt hegins" COG. COG Consultant. DEPARTMENT. SERVICE. LOCAL PUBLIC AGENCIES 36 . • ., ti TASK DESCRIPTION/MILESTONES F PARTICIPATING PARTY/PARTIES 37 4. PLAN DESIGN AND PREPARATION 4.1 Concept Outline (Prepare working draft Plan) COG Consultant - based on direction from COG. HPAC. HSWG. CALTRANS. DEPARTMENT. SERVICE 4.2a Request for Proposals for Consultant B to perform economic analysis COG Consultant - with recommendations and present alternatives for financing the Plan based on Concept Outline; /reviews from COG. HPAC. HSWG. Hire Consultant B DEPARTMENT. SERVICE 4.2b Consultant B performs economic analysis and presents financing Consultant B alternatives 4.3 Consider and evaluate preserve and financing alternatives COG. HPAC. HSWG. CALTRANS. DEPARTMENT. SERVICE. COG Consultant 4.4 Have Consultants A and B analyze proposed preserve/financing HPAC. HSWG. COG. CALTRANS. alternatives proposed by Policy and Working Group DEPARTMENT. SERVICE. COG Consultant. Consultant A. Consultant B 4.5 Draft Plan COG Consultant based on direction from COG. HPAC. HSWG. CALTRANS. DEPARTMENT. SERVICE 4.6 Prepare Draft Implementation Agreement COG Consultant or Consultant C- based on direction from COG. HPAC. HSWG. CALTRANS, DEPARTMENT. SERVICE. LOCAL PUBLIC AGENCIES. PUBLIC w/refinements reviewed by Consultants A/B. if necessary 4.7 Prepare Draft NEPA/CEQA Environmental Documcnts' COG Consultant or Consultant C w/input hum DEPARTMENT. SERVICE. LOCAL PUBLIC AGENCIES 4.8 Prepare 10(AX1)(b) Permit. 2081 Management Authorization and 2090 COG Consultant w/refinements reviewed Biological Opinion Application by Consultants AIB. if necessary. Alternatively, in the interest of timmavings. a Consultant C could be hired to complete this task 4.9 PubliclAgency Review of Draft Plan. Implementation Agreem.nt. Draft COG Cun<ultant coordinates w/ Environmental Documents - Worlushop(s) 112 participation from HPAC. HSWG. DEPARTMENT. SERVICE 4.10 Prepare Final Plan based on public.agcncy input COG Cottsulrant - based on direction from COG. HPAC. HSWG. CALTRANS. DEPARTMENT. SERVICE. LOCAL PUBLIC AGE`CIES. PUBLIC 4.11 Prepare Final Implementation A►reement based on public,agency input 37 TASK DESCRIPTION/MILESTONES TICIPATING PARTY/PARTIES 4.12 Prepare Final NEPA/CEQA Environmental Review Documents based on COG Consultant or Consultant C w/input public/agency input from DEPARTMENT. SERVICE. LOCAL PUBLIC AGENCIES 4.13 Prepare final 10(A)(1)(b) Permit. 2081 Management Authorization and COG Consultant w/refinements reviewed 2090 Biological Opinion Applications based on public/agency input by Consultants AIB, if necessary. Alternatively. in the interest of timesavings, a Consultant C could be hired to complete this task S. PLAN ADOPTION BY CITIES AND COUNTIES COG Consultant coordinates for CALTRANS. LOCAL PUBLIC AGENCIES 5.1 Public/Agency Review/ Workshop(s) COG Consultant coordinates w/ participation from HPAC. HSWG. DEPARTMENT. SERVICE 6. PLAN PERMl7MNG/AD0PTION 6.1 Submit 10(A)(1)(b) Permit, 2081 Management Authorization and 2090" COG Consultant Biological Opinion Applications 6.2 State and Federal Review of applicatious/revision, if necessary COG Consultant coordinates for DEPARTMENT. SERVICE 6.3 Review any changes to permit applications COG. HPAC, HSWG, COG Consultant. LOCAL PUBLIC AGENCIES. CALTRANS. Public 6.4 Final Adoption of Agreements, Permits LOCAL PUBLIC AGENCIES. CALTRANS, DEPARTMENT. SERVICE ' The SERVICE. as lead NEPA agency. shall approve the selection of the NEPA consultant, supervise the scope and content of the NEPA document and insure that all federal conflict of interest guidelines are followed. W