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COUNTY OF SAN MATEOInter-Departmental Correspondence |
County Counsel |
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DATE: |
May 20, 2003 |
BOARD MEETING DATE: |
June 10, 2003 |
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TO: |
Honorable Board of Supervisors |
FROM: |
County Counsel |
SUBJECT: |
Adoption of Resolution and Approval of Appropriation Transfer Request Related to the San Bruno Mountain Habitat Conservation Plan |
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Recommendation: |
Adopt a resolution (1) authorizing and directing the Director of the Environmental Services Agency to (A) accept a Habitat Conservation Planning Grant from the State Department of Fish and Game for amending the San Bruno Mountain Habitat Conservation Plan, and execute documents in connection therewith, (B) execute an agreement with the City of Brisbane and Brookfield Homes Bay Area, Inc. providing for a contribution by Brookfield to the funding for the amendment, and (C) execute an agreement with Thomas Reid Associates, in the amount of $130,000, for the preparation of an amendment to the San Bruno Mountain Habitat Conservation Plan; and (2) committing $8,334 of County funds for the County's share of the local match for the HCP Planning Grant. |
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Background: |
The San Bruno Mountain Habitat Conservation Plan ("HCP") was adopted in 1982 for the purpose of providing for the protection of certain federally plant and animal species and to preserve and restore the ecological values on the Mountain. The County, the cities of Brisbane, Daly City and South San Francisco, the State Departments of Parks and Recreation and Fish and Game, the United States Fish and Wildlife Service ("USFWS"), and several developers of property within the San Bruno Mountain Area, are signatories to the Plan. The USFWS issued a Section 10a Permit to allow the incidental take of protected species in association with development allowed by the Plan. The HCP is implemented with funding provided through yearly assessments on the development included within the HCP area. |
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In 1997, the USFWS issued a rule designating the Callippe silverspot butterfly, which is located on the Mountain, as a protected species. The County submitted an application to amend the Section 10a Permit to add the Callippe as a protected species. During the review process, it was determined that the HCP should be amended, not only to address issues with regard to the Callippe, but to incorporate strategies that have been developed since the Plan was adopted 20 years ago. The County applied for an HCP Planning Grant through the State Department of Fish and Game in the amount of $100,000, which was recently approved. As a condition of the grant, the local agencies involved (the County and the cities of Brisbane, Daly City and South San Francisco) must contribute $33,334 as the local match. Additionally, Brookfield Homes, the owner and developer of property in Brisbane that would benefit from the amendment, has agreed to contribute $100,000 to fund the amendment process. In total, $233,334 is available to fund the HCP amendment and environmental review process. |
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Discussion: |
The Trustees of the San Bruno Mountain Habitat Conservation Trust (the city managers of the affected cities and the County Manager) have determined that Thomas Reid Associates, the Habitat Manager for the HCP, should be retained to develop the HCP amendment, and that an RFP process should be undertaken to choose a firm to perform the environmental review under CEQA and NEPA. |
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The scope of work for the proposed contract with Thomas Reid Associates reflects the subject areas included in the approved Habitat Conservation Plan Planning Assistance Grant, as refined in discussions with the Service. Specifically, the scope includes (1) preparation of the required notices, agendas, and other supporting documentation for public meetings necessary to complete the amendment process, (2) updating the Biological Opinion necessary to support the amendment to the Section 10A permit (3) preparation of administrative draft, draft and final versions of the HCP amendment documents, (4) a new Five Year plan for implementing the HCP, and (5) provision of data and other coordination as necessary with the selected environmental consultant. The budget for the scope of work is $130,000. The scope of work does not include the cost of completing environmental review, which will be accomplished by a consultant other than Thomas Reid Associates. The expenditure of $130,000 for preparation of the amendment will leave $103,334 available for environmental review. It is anticipated that a contract for the environmental review will be brought to the Board sometime in the summer. |
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The Board is being requested to authorize the Director of the Environmental Services Agency to execute any documents (including a grant agreement) with the California Department of Fish and Game to secure the awarded grant funds, an agreement with Brookfield Homes to secure their $100,000 commitment, and the agreement with Thomas Reid Associates. Finally, the Board is being requested to commit $8,334 of County funds for the County's share of the local match for the HCP Planning Grant.. |
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Fiscal Impact: |
This action will require an expenditure of $8,334 by the County from a source to be identified. The remaining amounts necessary to fund the estimated $223,334 will come from grant funds or commitments by other entities. |
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_______________________________ |
Thomas F. Casey III, County Counsel |
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cc: John Maltbie, County Manager Marcia Raines, Director of Environmental Services Agency |