RESOLUTION NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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RESOLUTION (1) AUTHORIZING AND DIRECTING THE DIRECTOR OF 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) AUTHORIZING THE COMMITMENT OF $8,334 OF COUNTY FUNDS FOR THE COUNTY'S SHARE OF THE LOCAL MATCH FOR THE HCP PLANNING GRANT

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the County of San Mateo, and the Cities of Brisbane, Daly City and South San Francisco (collectively, the "Cities") are parties to the San Bruno Mountain Area Habitat Conservation Plan ("HCP"), and the Agreement with Respect to the San Bruno Mountain Area Habitat Conservation Plan ("HCP Agreement"), recorded in the official records of San Mateo County as Document No. 83026343, and are permittees under Permit No. PRT 2-9818 ("Section 10a Permit"), issued by the United States Fish and Wildlife Service ("USFWS" or "Service") under Section 10a of the Federal Endangered Species Act, 16 U.S.C. section 1531 et seq.; and

WHEREAS, section IX of the HCP Agreement provides a process by which the HCP may be amended; and

WHEREAS, the County and the Cities desire to amend the HCP and Section 10a Permit in response to the listing of the Callippe silverspot butterfly and in order to incorporate adaptive management concepts to better manage and implement the HCP; and

WHEREAS, it is necessary and desirable that Thomas Reid Associates be engaged for the purpose of performing services to develop appropriate amendments to the HCP, because of its background and prior experience with implementing the HCP; and

WHEREAS, it is in the County's best interest to waive the requirement for a Request for Proposals for the purpose of entering into an Agreement with Thomas Reid Associates; and

WHEREAS, there has been presented to this Board an agreement by which Brookfield Homes Bay Area, Inc. will contribute $100,000 to assist in funding the completion of the HCP amendment process; and

WHEREAS, a grant application for funds to complete the HCP amendment has been submitted through the State Department of Fish and Game, and a grant in the amount of $100,000 has been awarded to assist in funding the completion of the HCP amendment process; and

WHEREAS, The Board is willing to commit their fair share of the local government's match requirement for the grant in the amount of $8,334 to assist in funding the completion of the HCP amendment process;

NOW THERFORE, IT IS HEREBY DETERMINED AND ORDERED that the Director of the Environmental Services Agency is hereby authorized and directed to (1) 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, (2) 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 (3) 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.

IT IS FURTHERE DETERMINED AND ORDERED that the County is committed to the payment of $8,334 of County funds for the County's share of the local match for the HCP Planning Grant.

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