HomeMy WebLinkAboutItem 5.1 Regional Conservation Strategy
CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 18,2007
SUBJECT:
Eastern Alameda County Regional Conservation Strategy
Report Prepared by: Mark Lander, City Engineer
ATTACHMENTS:
1.
Joint letter from the California Department ofFish 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
Resolution
Budget Change Form
2.
3.
RECOMMENDATION: 0/
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
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COpy TO:
Page 1 of3
ITEM NO.
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G:\AGENDA STATEMENTS, MISClagst Eastern Alameda County Regional Conservation Strategy. doc
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 of3
contribution of $67,500 each. A similar contribution by the City of Dublin would provide the remainder
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 of3
DEPARTMENT OF FISH AND GAME
POST OFFICE BOX 47
YOUNTVILLE, CALIFORNIA 94599
(707) 944-5500
I~{V
U. S. FISH AND WILDLIFE SERVICE
2800 COTTAGE WAY, Room W-2605
SACRAMENTO, CALIFORNIA 95825
(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.
q -I<i)-Of 5./
ATTAUBMENT ,
July 11, 2007
Page 2
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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
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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,
7u# ~~ Fill(,
Charles Armor
Acting Regional Manager
Bay Delta Region
California Department of Fish and Game
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CayG de T
Assista t Field Supervisor
Sacramento Fish and Wildlife
July 11, 2007
Page 4
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Attachments:
1. Organizational Diagram, Option 2
2. Process Diagram
3. Proposed Study Area Map
4. Schedule
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Local Agency
Boards/Councils
Conservation Strategy
Team
. Local Agency Representatives
· Wildlife Agencies
· Corps/Regional Board
. Developer Representatives
. Environmental Representatives
. Land Owner/Agriculture
Representatives
DISCUSSION DRAFT
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Technical
Subcommittee
Proposed Organization Diagram for
East Alameda County Conservation Strategy
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RESOLUTION NO. - 07
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.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2007, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:\AGENDA STATEMENTS, MISC\reso Eastern Alameda Co Regional Conservation Strategy. doc
ATTACHMENT L
CITY OF DUBLIN
BUDGET CHANGE FORM
\ D9J lO
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
From Unappropriated Reserves (Fund 380)
X From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
From New Revenues
Name: General Fund/Non Dept/Budgeted
Contingent Reserve
Name:
$30,000.00
Account #: 001-10800-799-000
Name:
Account #:
Name: General Fund - Engineering Dept-
Contract Services
$30,000.00
Account #:
Name:
Account #: 001-90300-740-000
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Account #:
Fin Mgr/ ASD:
Date:
'f / II/ZA~
,
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
Mayor:
Date:
Signature
Posted By:
Signature
ATTAUIMENT -3
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