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HomeMy WebLinkAbout7.1 Regnl Consrv Strategy Zone 7/oFDU�� CITY CLERK X11 File # EI911 TI ❑ ©F21 82 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 21, 2008 SUBJECT: Eastern Alameda County Regional Conservation Strategy - Presentation by Zone 7 Water Agency and Alameda County Resource Conservation District Report Prepared by: Mark Lander, City Engineer ATTACHMENTS: RECOMMENDATION: " FINANCIAL STATEMENT: 1) Agenda Statement, July 15, 2008, without attachments 2) Agenda Statement, September 18, 2007 Receive the presentation and provide comments as appropriate. There is no additional cost to the City associated with this item. DESCRIPTION: The Eastern Alameda County Conservation Strategy (EACCS) is a cooperative effort between local governments and public resource agencies, including the State of California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the San Francisco Bay Regional Water Quality Control Board. The goal of the EACCS is to develop a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. Permitting and mitigation is currently being conducted in a fragmented manner, which increases the costs and duration of permit review (as well as a heavier workload for both permittees and resource agency staff). Completion of the EACCS would result in streamlining the permitting process by coordinating individual permit applications with mitigation lands that resource agencies have previously approved and support. The City Council approved participation by the City of Dublin in the EACCS on September 18, 2007, and. authorized a budget change in the amount of $30,000 to cover the City's share of program costs. The cost to local agencies is partially offset by a State Department of Water Resources grant obtained by the National Resource Conservation Service for the EACCS. As a result of cost changes due to refinements in the scope of work and the ineligibility of the State grant for portions of the work, the City's share of the costs has increased to $38,125. The City Council COPY TO: Page 1 of 2 ITEM NO. (' I G: DEVELOPMENT, PRIVATDEastern Alameda County Regional Conservation StrategyUgst, EACCS, Zone 7 Presentation, 10- 21- 08.doc l./ approved a budget increase of $10,000 at the meeting of June 17, 2008, but requested additional information on the scope of work and specific details on the public outreach and education component of the EACCS. The Zone 7 Water Agency, which is acting as lead agency for the effort, has prepared a presentation providing the requested information. Zone 7 will be assisted by the Alameda County Resource Conservation District (RCD). The RCD is participating in the EACCS through its management of the State Department of Water Resources grant and will be active in the long -term implementation of open space programs in Alameda County. RECOMMENDATION: Receive the presentation and provide comments as appropriate. Page 2 of 2 SUBJECT: ATTACHMENTS: tal 10 CITY CLER File #E1 F6 AFO-1-314-1 AGENDA STATEMENT CITY COUNCIL MEETING DATE: JV,1 j 2008 RECOMMENDATION: 4o� 4 Eastern Alameda County Regional Conservation Strategy Report Prepared by: Mark Lander, City Engineer Resolution 2. Funding Partner Contribution Spreadsheet 3. Agenda Statement, September 18, 2007 1. Approve the City's participation in the development of the Eastern Alameda County Regional Conservation Strategy at the increased amount of $38,125; 2. Adopt the Resolution authorizing the City Manager to execute the Cooperative Agreement with Zone 7. FINANCIAL STATEMENT: The cost for City participation would increase from $30,000 (approved by the City Council in September 2007) to $40,000, an increase of $10,000. However, a budget change is not necessary as $20,000 was budgeted in Fiscal Year 2008 -2009 and a carryover from the closeout of Fiscal Year 2007 -2008 will provide the additional $20,000. DESCRIPTION: I The Eastern Alameda County Conservation Strategy (EACCS) is a cooperative effort between local governments and public resource agencies, including the State of California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the San Francisco Bay Regional Water Quality Control Board. The goal of the EACCS is to develop a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. Permitting and mitigation is currently being conducted in a fragmented manner, which increases the costs and duration of permit review (as well as a heavier workload for both permittees and resource agency staff). Completion of the EACCS would result in streamlining of the permitting --------------------7---------------------------------------------------------------------------------------- COPY TO: Page 1 of 3 GADEVELOPMENT. PRIVATEIEastern Alameda County Regional Conservation Strategylagst, EACCS, budget ATTACIMENT a q t(00 process by coordinating individual permit applications with mitigation lands that resource agencies have previously approved and support. The City Council approved participation by the City of Dublin in the EACCS on September 18, 2007, and authorized a budget change in the amount of $30,000 to cover the City's share of program costs. The Zone 7 Water Agency is acting as lead agency for the effort and has retained Jones and Stokes, an environmental consultant, for work on the strategy. The estimated cost of the project (in September 2007) per Zone 7 and Jones and Stokes was $405,000, with the cost to be shared equally among the six agencies participating in the strategy at that time (the cities of Livermore, Pleasanton, and Dublin, the County of Alameda, the Alameda County Congestion Management Agency, and Zone 7). The cost per agency in September 2007 would have been $67,500. The Alameda County Resource Conservation District was able to obtain a grant in the amount of $296,500 from the State of California Department of Water Resources CALFED Watershed Program ( CALFED) to supplement local funds. However, since the CALFED grant approval included an educational component not included in the Jones and Stokes scope of work, the grant did not result in a $296,500 reduction in the remaining costs to local agencies. City Staff estimated that approximately $250,000 of the $296,500 grant would actually be available to offset local agency costs, reducing the cost to local agencies to $155,000, or approximately $25,000 per agency. This is consistent with Zone 7 estimates that showed local agency contributions at $28,333 each. As stated in the September 18, 2007, Agenda Statement, City Staff recommended City of Dublin participation at $30,000. Since September 2007, the East Bay Regional Park District and the Alameda County Solid Waste Authority have joined as funding partners, bringing an additional $100,000 in funding to the project. However, the Resource Conservation District, which is managing the CALFED grant, has prepared a final scope of work for the project. The total cost under this scope of work is estimated at $601,500. Applying the $296,500 CALFED grant leaves $305,000 for local agency funding, or $38,125 per agency. City Staff has reviewed the revised scope of work and budget and determined that the cost increases can generally be attributed to: 1) the Resource Conservation District utilizing $73,000 in grant funds for project administration costs not included in the original scope of work; 2) an increase in the educational and public outreach effort of $47,000; and 3) an overall contingency budget of $29,000. This is a total increase of approximately $150,000.. As a result of the increase, the cost per agency has increased, in spite of two additional funding partners joining the process. The cost increase was discussed at length at two meetings of the representatives from the various funding partners on May 6 and May 9, 2008. In spite of concerns raised by City of Dublin Staff and a request that the costs be reconsidered, there was general consensus among the other participating agencies that the new costs were acceptable. Since a number of agencies had previously approved funding up to a $70,000 limit (prior to the CALFED grant becoming available), the higher cost does not exceed what these agencies are prepared to pay. There also appears to be a mindset among other agencies that costs should be shared equally, and that agencies who had previously approved a contribution at a higher level should not subsidize the cost increase. The City of Dublin has several options: 1) The City can agree to participate at the new higher cost, and increase its funding from $30,000 to $38,125. Page 2 of 3 2) The City could hold its contribution at $30,000 and request that the other agencies honor the prior cost estimate and allow the City to remain in the project as an equal funding partner. In the.event the other agencies agreed to this, the other agencies would incur a higher cost of participation, unless the scope of work was revised to lower costs. 3) The City could drop out of the project. This would result in a loss of the City's original $30,000 to the project. Staff believes that, in addition to the loss of the City's original contribution, dropping out of the project could result in a loss of goodwill with the resource agencies, as well as impact current and future permitting efforts within the City. For these reasons, it is proposed to increase the existing $30,000 budget in the amount of $10,000, for a new budget of $40,000. However, a budget change is not necessary as $20,000 was budgeted in Fiscal Year 2008 -2009 and a carryover from the closeout of Fiscal Year 2007 -2008 will provide the additional $20,000. This would adequately cover the new cost share of $38,125 and provide a minor cushion for other costs. Staff recommends that the City Council: 1) approve the City's participation in the development of the Eastern Alameda County Regional Conservation Strategy at the increased amount of $38,125; 2) adopt the Resolution authorizing the City Manager to execute the Cooperative Agreement with Zone 7. Page 3 of 3 J _O SUBJECT: CITY CL�E��K File.# Q�Q 0❑-I/ M I AGENDA STATEMENT . CITY COUNCIL MEETING DATE: September 18, 2007 ATTACHMENTS: RECOMMENDATION: 1 !A Eastern Alameda County Regional Conservation Strategy Report Prepared by: Mark Lander, City Engineer 1. Joint letter from the California Department of Fish and Game (DFG) and the U.S. Fish and Wildlife Service to the Cities of Livermore, Dublin, and Pleasanton, the Board of Supervisors of Alameda County, and the Boards of Zone 7 and the Alameda County Congestion Management Agency 2. Resolution 3. Budget Change Form Consider the City's participation in the development of the Eastern Alameda County Regional Conservation Strategy; and if the Council chooses to participate; 1. Adopt the Resolution authorizing the City Manager to execute the Cooperative Agreement; and 2. Approve a budget change allocating $30,000 for the City's share of the Resource Strategy costs. FINANCIAL STATEMENT: The cost to participate was originally stated as $67,500, but with the help of the Alameda County Resource Conservation District, a grant has reduced needed participation to $30,000. DESCRIPTION: A number of land conservation programs are occurring in eastern Alameda County, with the intent of setting aside land as permanent open space and. habitat. In addition, land development and public infrastructure projects frequently trigger the need for land to be acquired as mitigation for impacts to wetlands or other habitat impacted by these projects. The processes for proactively acquiring land for open space and acquiring mitigation land as a permit requirement are not currently being coordinated in a regional effort. Permitting by public resource agencies (the State of California Department of Fish and Game, the U.S. Fish and Wildlife Service, the San Francisco Bay ------------------------------------------------------------------------------------------------------------ COPY TO: Page 1 of 3 G: (AGENDA STATEMENTS, MISCIagst Eastern Alameda County Regional Conservation Strategy.doc ITEM NO. ATTACIMENT 2 (.P Regional Water Quality Control Board, and the U.S. Army Corps of Engineers) can be lengthy, costly, and a frustrating experience for both the permittees and the agencies as agencies attempt to assess impacts and proposed mitigation on a case -by -case basis. In conjunction with recent permit applications by the Zone 7 Water Agency relative to the Altamont Water Treatment Plant and Pipeline Project, the resource agencies have requested that Zone 7 initiate a regional approach for mitigation and other open space land acquisition efforts. Zone 7 has retained Jones and Stokes, an environmental consultant, to develop a draft strategy and initiate discussion with other stakeholder groups. Since April of this year, Zone 7 has hosted a series of meetings with stakeholders. In attendance have been the aforementioned resource agencies, the cities of Livermore, Pleasanton, and Dublin, the County of Alameda, the Alameda County Congestion Management Agency, Caltrans, the National Resource Conservation Service (the former Department of Agriculture Soil Conservation Service), the Alameda County Resource Conservation District, the East Bay Regional Park District, and the Alameda County Partnership for Land Conservation and Stewardship. This working group has developed a schedule and scope of work for developing what will be known as the Eastern Alameda County Resource Conservation Strategy. The scope of work consists of base map preparation, delineation of existing land uses and existing open space lands, identification of habitat corridors, identification of corridor gaps and other significant habitat acquisition areas, prioritization of acquisition needs or opportunities, and preparation of a final report and maps. The work is scheduled to begin in September 2007 and be completed by January 2009, an 18 -month process. Anticipated benefits of the Conservation Strategy would be: 1.) Streamlining of the permitting process by directing individual mitigation actions toward mitigation which regulatory agencies have previously approved and support. 2) Streamlining of the National Environmental Protection Act (NEPA) and California Environmental Quality Act (CEQA) environmental impact review processes through improved identification and evaluation of impacts and mitigations. 3) Creation of a residual working relationship between local government, resource agencies, landowners, and developers. 4) Enhanced opportunities to obtain State or Federal funds for open space, habitat, and recreational lands in Eastern Alameda County. 5) Improved open space and habitat within Eastern Alameda County through the conservation of lands with high habitat value and/or that provide connections between open space lands. The City of Dublin will need to obtain a number of resource agency permits in the future in conjunction with infrastructure costs, primarily those associated with development in Eastern Dublin such as the Phase II Improvements to the Fallon Interchange and Hacienda Interchanges. In addition, development of much of the remaining undeveloped land in Dublin may also require permitting. The cost of the work being performed by Jones and Stokes is $405,000. Zone 7, which has fronted the costs of the Resource Strategy to date, has requested that other jurisdictions share in the remaining costs. Zone 7, along with the cities of Livermore and Pleasanton, the County of Alameda, and the Alameda County Congestion Management Agency, have previously agreed to or are expected to approve a Page 2 of 3 contribution of $67,500 each. A similar contribution b the City of Dublin would provide the remainder Y tY of the needed funding. However, following the initial funding offers by the other agencies, the Alameda County Resource Conservation District has been successful in obtaining a grant in the amount of $295,000 from the State of California Department of Water Resources Watershed Program (CALFED) to develop the Resource Strategy. Since a portion of the CALFED grant must be applied to an educational component not included in the Jones and Stokes scope of work, the grant does not result in a $295,000 reduction in the remaining costs to local agencies. The actual reduction in costs is estimated at $220,000, leaving $180,000 or $30,000 each for the six local agencies. Zone 7 has prepared a Cooperative Agreement for execution by the six participating agencies governing the management of the consultant's work and expenditure of funds. Staff is asking for Council direction with regard to the City's participation in the development of the Resource Strategy and may find participation advantageous for the following reasons: The City will be included in the management and oversight of the consultant's work, as well as creating the opportunity to provide input on the process and final product. Instead of being restricted to the public review process, the City will be in a better position to help create a final document that best serves the City's residents, enhance the City's working relationships with the resource agencies, and allow the City to reap the benefits of permit streamlining. Staff therefore recommends the Council consider the City's participation in the development of the Eastern Alameda County Regional Conservation Strategy; and if the Council chooses to participate; 1. Adopt the Resolution authorizing the City Manager to execute the Cooperative Agreement; and 2. Approve a budget change allocating $30,000 for the City's share of the Resource Strategy costs. Page 3 of 3 Nft DEPARTMENT OF FISH AND GAME U. S. FISH AND WILDLIFE SERVICE qV POST OFFICE BOX 47 2800 COTTAGE WAY, Room W -2605 YOUNTVILLE, CALIFORNIA 94599 SACRAMENTO, CALIFORNIA 95825 (707) 944 -5500 (916) 414 -6600 July 11, 2007 To the Mayors and City Councilmembers of the Cities of Livermore, Dublin, and Pleasanton, the Board of Supervisors of Alameda County, and Boards of Zone 7 and Alameda County Congestion Management Association: The U.S. Fish and Wildlife Service, in coordination with the California Department of Fish and Game, and the Regional Water Quality Control Board, supports the development of a regional conservation strategy for East Alameda County, and encourages the County, local cities, and. other pertinent agencies and districts in the Tri- Valley area to participate in this planning process. It is anticipated that the conservation strategy, developed with the participation of Federal, State, and local agencies and stakeholders in the Tri- Valley would serve to coordinate biological preserves appropriate for mitigation of local land use, transportation, and related infrastructure projects. The .strategy would also establish a coordinated biological framework upon which future regulatory actions will be based. The conservation strategy would provide the biological basis and framework for a permitting process and establish interim and long -term mitigation requirements and designate Resource Agency approved conservation areas that will satisfy mitigation requirements. The conservation strategy will describe how preserves will be established, managed, and funded to assure they are permanently maintained. The first conservation strategy was developed for the Santa Rosa area and completed in 2005. This would be the second regional conservation strategy in the State and would be formulated over the next 18 months. What follows is a brief overview of the purpose, needs and benefits of the program, activities to date, and resources that participating entities would need to contribute to develop the program. There is a recognized need for a regional strategy to replace the present incremental, case -by -case processing of environmental permits for infrastructure and other planned development projects in East Alameda County. Public agencies and private developers encounter delays and uncertainty regarding required mitigations that can prevent projects from being completed on time and within budget. The end result is: • Project mitigation and conservation programs in the area occur piecemeal and are less effective at preserving natural resources; • The limited capacity of County based mitigation banks leads to some mitigation occurring outside the County providing no local benefit; and • The permitting process can be time consuming and costly to both the permitting agencies and applicants, in part due to mitigation being developed and analyzed on a case -by -case basis. July 11, 2007 Page 2 In addition, while there are local conservation programs in eastern Alameda County that are preserving endangered species and habitat, they lack the benefit of a coordinated approach and vision that is broadly supported by local stakeholders and regulatory agencies. Some conservation programs have significant funds to contribute to broad regional conservation efforts, but lack adequate direction on where and. how to spend these funds to maximize benefits to natural communities. An approach that would facilitate coordination and expedite many mitigation projects and conservation programs currently underway is to develop a regional conservation strategy. The conservation strategy would coordinate an approach to mitigation for voluntary use by project proponents in the environmental permitting process. As the conservation strategy will be developed by and with the regulatory agencies, the result will be a regional conservation strategy formally approved by those agencies. This will substantially reduce uncertainty in the permitting process, if local agencies and private developers follow the conservation strategy in their permitting process, and will result in negotiations with regulatory agencies that will be expedited and streamlined. It will assist early planning for local agencies and private developers by having pre- designated conservation areas appropriate for mitigation for particular species or habitats, prescribed ratios for mitigation, and generalized cost estimates related to acquisition and management of required mitigation acreage located in the designated conservation areas. To be successful, the regional conservation strategy must be acceptable to a wide range of stakeholders. We propose a transparent process to formulate the strategy with a wide range of stakeholders, including the agricultural community, landowners, developers, environmental groups, and local agencies. Stakeholders will work with local planning staff, regulatory agencies, and an experienced consultant over an 18 -month period to develop the regional conservation strategy for East Alameda County. The regional approach will save time and money while improving overall benefit to species habitat in East Alameda County and providing connectivity with other important adjacent areas that are in and suitable for conservation preserves. These include areas extending throughout the Tri- Valley and would geographically connect with adjacent natural areas and watersheds in Contra Costa, San Joaquin, and Santa Clara counties. Another important benefit is that environmental permitting for ongoing projects would not be delayed by the concurrent formulation of the regional conservation strategy. In fact, access to key decision makers at the regulatory agencies would be enhanced during strategy development due to their combined presence at the series of monthly meetings that will be required during plan preparation. In addition, the conservation strategy process would not extend or expand the regulatory authority of any of the participating regulatory agencies, i.e., the strategy would not be used to require mitigation for projects that otherwise would not require mitigation. Participating cities and other local agencies would receive the following benefits: July 11, 2007 Page 3 1. Streamline the permitting process by directing Individual mitigation actions toward mitigation which regulatory agencies will support. 2. Streamline the CEQA and NEPA process by providing a vehicle for comprehensive mitigation for direct and cumulative impacts to biological resources. 3. Create constructive and effective partnerships with regulatory agencies, landowners, public entities, and cities. 4. Provide enhanced opportunities to secure State or Federal funds to help implement the conservation strategy and secure more open space and recreation sites in East Alameda County. 5. Provide local benefit for Tri- Valley residents through the preservation of large open space areas and natural communities in East Alameda County. The U.S. Fish and Wildlife Service has already engaged Zone 7 to coordinate the proposal to develop a regional conservation strategy for East Alameda County. Zone 7 has hosted four exploratory meetings over the past four months that have included the three Tri- Valley cities, Alameda County, Congestion Management Agency, and several other entities. Zone 7 retained the environmental firm of Jones and Stokes to assist with developing this proposal and potentially serving as the project consultant. There has been a positive response of all participating entities and general consensus that the many mutual benefits gained more than offset the resources required to develop the regional conservation strategy. Based on this positive response, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the Regional Water Quality Control Board are encouraging the Cities of Livermore, Dublin, and Pleasanton and the County of Alameda to endorse the development of the conservation strategy by co- signing a letter of agreement with Zone 7, authorizing participation in the program and committing to contributing each entity's fair share of the resources required to develop it. We look forward to committing our staff resources to partner with you in this exciting endeavor.. Sincerely, - Cay G de Assist a t Field Supervisor Sacramento Fish and Wildlife ye z 4- =fit Charles Armor Acting Regional Manager Bay Delta Region California Department of Fish and Game July 11, 2007 Page 4 Attachments: 1. Organizational Diagram, Option 2 2. Process Diagram 3. Proposed Study Area Map 4. Schedule Local Agency Boards /Councils DISCUSSION DRAFT Technical Subcommittee i ( 60 VIM- Proposed Organization Diagram far JOrieS & Stokes East Alameda County Conservation Strategy m L }� M in A = 0.0 N *' V f. a 0 V u CL 0 0 00 0 0 CL u to M a E m Q V ia W O cn cn C 9 a o N � C1 O (O � m Z y U to U 0— a co to CD t a co � N m C 7 � r l0 rd. O r N N CO a m ti N '7 U La O tl' Z N W t CL N N v) I� N Q C M CL 0 W V UI r7 W a m 'i3 'VJ aN� y w 'a v1D,¢� qLq,a� CD U o� o .N c U R U v q"c° U qc vp w� w x 0 0 O Q1 0 0 O m m e Y N Q p. Q ... OL v mo 0`a ac(navv) (D Y F- N M •w N O f� � I ,4 "t- "Via fi CIA- MOM LIU RESOLUTION NO. - 07 l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING EXECUTION OF THE COOPERATIVE AGREEMENT TO FUND THE CITY OF DUBLIN'S SHARE OF THE EASTERN ALAMEDA COUNTY REGIONAL CONVERSATION STRATEGY WHEREAS, land conservation programs are occurring in eastern Alameda County to set aside land as permanent open space and habitat; and WHEREAS, the processes to acquire .land for open space and acquiring mitigation land as a permit requirement are not being coordinated in a regional effort; and WHEREAS, it is proposed to develop a strategy, known as the Eastern Alameda County Resource Conservation Strategy, in order to streamline permitting and environmental processes, create a residual working relationship between local government, resource agencies, landowners and developers, and improve open space and habitat in Eastern Alameda County through conservation; and WHEREAS, the City of Dublin desires to enter into a Cooperative Agreement with the Zone 7 Water Agency, the cities of Livermore and Pleasanton, the County of Alameda, and the Alameda County Congestion Management Agency, to fund the scope of work necessary to establish the Eastern Alameda County Resource Conservation Strategy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the Cooperative Agreement. vote: PASSED, APPROVED AND ADOPTED this 18th day of September, 2007, by the following AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G.\AGENDA STATEMENTS, MISClreso Eastern Alameda Co Regional Conservation Strategy.doc CITY OF DUBLIN I BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): From Unappropriated Reserves (Fund 380) From New Revenues Name: General Fund/Non Dept/Budgeted Contingent Reserve Account #: 001 - 10800 - 799 -000 Name: Account #: Name: Account #: Name: Account #: Name: Account #: Fin Mgr /ASD: $30,000.00 Budget Transfers: X From Budgeted Contingent Reserve (1080- 799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other Name: Account #: Name: General Fund — Engineering Dept - Contract Services $30,000.00 Account #: 001 -90300 -740 -000 Name: Account #: Name: Account #: Name: Account #: t' Date: Signature REASON FOR BUDGET CHANGE ENTRY: After the preparation of the Budget, the City was asked to participate along with other agencies in the Alameda County Regional Conservation Study. This budget change will transfer $30,000 from the Contingent Reserve Account to the Engineering Department Budget, to allow the City of Dublin to participate in this multi- agency effort as presented September 18, 2007. City Manager: Date: Signature Ads Appveilrah Ctyoincil Meting nn IDaYe Y Mayor: Date: Signature Posted By: Signature