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HomeMy WebLinkAbout1991-12-03; City Council; 11456; AGREEMENT TO COORDINATE WILDLIFE HABITAT PLANNING EFFORTS BETWEEN JURISDICTIONS IN THE NORTH COUNTYAGREEMENT TO COORDINATE WILDLIFE AB # )liY"jc, TITLE: MTG. 12/3 /91 HABITAT PLANNING EFFORTS BETWEEN DEPT. PLN JURISDICTIONS IN THE NORTH COUNTY Dl CI CI a 9 * 2 2 z 0 - I- o a d z 3 0 o &V,& - CITY~F CARLSBAD - AGENDBILL RECOMMENDED ACTION: If the City Council concurs, your action is to ADOPT Resolution 41- 380 , authorizing the Mayor to sign a Memorandum Agreement for coordinating wildlife habitat planning eff between jurisdictions in the North County. ITEM EXPLANATION This item is a request to enter in a Memorandum of Agreement ( with other North County cities and other affected agencies in o to coordinate wildlife conservation planning efforts. Primaril a result of the potential listing of California Gnatcatcher a endangered species, a number of North County cities and the Co of San Diego are presently involved in preparing biolog studies and developing habitat conservation plans. Other ci are considering initiating these types of planning effort2 funding can be secured or are very interested in the impact these activities will have on their City. There is a need to s information and coordinate these individual efforts and poss even pursue the concept of a larger, more subregional plan effort. Entering into a MOA will formally provide the cities with a prc to coordinate these efforts. The MOA would also be signed by County of San Diego to coordinate efforts in the unincorpor areas surrounding the cities, by SANDAG, and by the U.S. Fish Wildlife Service and the State Department of Fish and Game. County Water Authority which may have future water projects pla for North County has also indicated a desire to sign the Memora of Agreement. The MOA would not be legally-binding on any of the parties would it take away any individual planning or regulatory author It would only be agreeing to a voluntary process allowing coordination of individual efforts. If it proves to be benefi to all the agencies in the future, the process could possibly to a larger, subregional plan. The major features of the MOA are as follows: 1) It designates SANDAG as the lead agency in facilitating 2) It encourages the use of common technical information mapping in the preparation of individual studies and plc coordination of activities. a e PAGE 2 OF AGENDA BILL NO. //, 7.5 d 3) It allows the parties to jointly pursue funding sources the preparation of studies and plans. 4) It keeps open the possibility of joining together developing a larger, subregional habitat conservation plz FISCAL IMPACT Except for staff time involved in participation, signing of t Memorandum of Agreement will not have any fiscal impact on City. It is estimated that about 4 hours of staff time per mc will be needed. The City has already allocated $150,000 to j the City's habitat management plan. The Memorandum of Agreen provides that if a city has already funded its own habitat planr effort, that funding will be recognized as the City's contribut to the regional effort. EXHIBITS 1. Resolution No. 9 /-.38fi (w/attached Memorandum of Agreement - North County Wild: Forum) q * 1 2 3 4 5 6 7 a 9 lo 11 I' 13 I* l5 l6 17 l8 19 2o 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9 1 - 3 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BEYf"I'EEN OTHER NORTH COUNTY CITIES, THE COUNTY OF SAN DIEGO, SANDAG, THE UNITED STATES FISH AND WILDLIFE SERV AND THE STATE FISH AND GAME DEPARTMENT. WHEREAS, the City Council of the City of Carls! concerned about the conservation of habitat for wil especially species that are listed as endangered, threaten candidates for such listing; and WHEREAS, a number of individual cities are pre biological studies, others are preparing wildlife conser plans, others are considering doing studies and plans a remaining cities could be impacted by the results of wildlife habitat conservation efforts: and WHEREAS, the City Council of the City of Cz believes it is desirable to engage in a process of coord: all of these conservation efforts, sharing information and 1 seeking funding sources for these efforts; WHEREAS, SANDAG is the most logical agency to fac. the coordination of these wildlife conservation planning ef I NOW, THEREFORE, BE IT HEREBY RESOLVED by th Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and co 2. That the Memorandum of Agreement between th County Cities, the County, SANDAG, U.S. Fish and Wildlife S State Fish and Game, which is attached hereto and incorpor this reference, is approved. ... ... 1 2 3 4 5 6 7 a 9 10 I1 l2 13 14 0 e 3. That the Mayor is authorized to execute this agreement. PASSED, APPROVED AND ADOPTED at a regular meeting t City Council of the City of Carlsbad, California, on the -2 Of December , 19 91 , by the following voi wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton ar NOES: None ABSENT: None ATTEST: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALETHA L. RAdTENhZ, City Clerk\ (SEAL) -2- 9 CCI RECYCLE 200 m319 J.2383 11 /13/91 OB: 31 R'EVISED DRAFT PROPOSAL FOR DfSCUSSION MEMORANXM OF AGREEMENT 0 NORTH COUNTY mm FORUM jp& : 1% OCTOBER 1991 ' q p1iA p,tLi-tY. 5fi A SUMMARY Thh Memomdm of Agreement (MOA) was developed at the North County Wildlife and identifies the need fur coordinated habitat plannjng among north county jurisdicti mmrnends the steps necessary for a systemtic and comprehensive approach to hi& wildlifimdti-spedes mmgement planning. Primady as a res& of activities associated - with the proposed Iisting of California Gna as m endangered species z, a number of North cotmty cities are presently involved in pi biological studies and developing habiWm~ti-~es/~ communities conservatio As other cities considex these types of ptanning efforts, a need to share informat coordinate these individuaI efforts and pursue the concept of a larger, subregional pG will be necessary. This MOA should provide the tities and county with a process to mrdinate these e& MOA should also be tiped by the Participating entities, the County Water Authority, Diego - - 'on of Gavenzments (SANDAG), the U.S. Fish and WJldlife Service, U.S Base Camp Padleton, and the State Department of Fish and Game. The MOA would not be Iegally binding on any of the parties nor would it talre ai individual reguIatory aatbority. It would be an agreement to enter into a voluntary which would allow the coordination of individual efforts and concerns. The MOA will the basis for several accompIisfunents: 1. A set of coordinated 10cal ~*i~miiti-species/na~ communitia Wnservatiox 2. A draft agreement for the implementation of the plans; 3. Coordination with other regionaVSouthem California efloas and; 1 At the Cazifornia Fish and Game Commission on hgust 30,1991, the Commissior not to nominate &e gnatcatcher for listing as a Stare endangered species. However, the developed a planning process (Natural COmmrmities Conservation Plamihg) that hcrmes tE roIe in this process. In September the US. Flsh and Wddlife Service proposed the gnatca listing under he fderal endangered species act The federal decision must be fmz September 1992. 1 bt,~ ncbibbL AVV~ 'o'O1v a L303 e 31/13/91 Uti: 33 4. ST"T OF FI"GS WHEFSAS, the North County WiTdlife Fonrm was spunsonxI by the San Diego kssoci Governments (SANDAG) aad the City of C?..adsM in order to exchange informati coordbk ~iWrn~~-~~m~ communities wnservation plaaning efforts in tl county area. o The bask for a north county ph that would comply with federal and site MnSe P-gP===* t The forum was bdd to dekrmbe the interest and extent of commitment to UI Witzt/mdfi-@dd commMities cg&oa planning among north . j.cnisdictions. The foruar hdW patidpation of all cities in north county (Ca&I Mar, Solanz Beach, Enchitas, oceanside, Vi San Marws, Escondido, Pow ' County of San Diego, special programs and districts (Clean Water Program, Couni Au?&oW, and the MetmpoEtan Water Disttict), state eatitis (Cal. F&h and Ga SDSU), federat agencies (U-S- FA and WddWe Service, US. Navy SW Divisi U.S. Maine Base Camp Padelton), and condm~ (CCI, ERCE, and MBA) sq the habitat planning &om of the pticipants. WHEREAS, habitatlmnlti-specie~mmrmitiesconservationplaaniagisacompfi approach to resolve inherent conflicts WW~ the need to prow &?he and u3ic.i and dife and the need to & with certain public and private projects. o The north m~mty subregion contains xich and diverse biologicat resources; many resumes cannot be found anywhexe else in the United States. The federal gw has listed 12 species as theitend and endangered and 132 other Species are ca for listing in Sa Diego County, my of which are acea at rated in north mu1 growth in the north 00un~'s population over the next twenty years wiIl resd conver6on of si@cant amoun~ of open space to wban development. The growth forecasts project a loss of 182,OOO acres of open space (a substantiat portif no& county area) be upon the general plans adopted at the time of the forec While these c~ndifio~ls auld gea- conftict been development and pres interests, such problems are not ndy unsohable. The north county must a biologically diverse and coordinated system of habitats. WEEREAS, the need fur mrdination in the north county is apparent upon review phnbg efforts in the San Diqo region. o The attached list identifies efforts related to habitat/multi-speciednpecies/naruraf. corn plannirlg and desribes the processes In more de. A si%lifimnt gap in the plar habitat systems extends Wugfrorrt much of north c~unty (see map]. As the pres development grow and the requitementS for protection of sensitive habitat and become more demanding, the north county subregion will have to plan for the p t 2 ". CCI RECYCLE 200 =s19 WB3 f?/13/91 09: 56 and -mat of habitat and wildlife at unprecedeated levels. The advan initiating these efforts at the eadlest pwsiile stage will be &at in cost and tkg 5 TVBEREM, north ccmty jm'lsdictions will have to cmrdmak habitdmdti-species COmdties plaaning at a vadet;sT of levels in order ta protect and manage habitat syste are necasary fbr long-range smvival of critical plant and WikiIife- o Four levels of mcem exisr local (the City and its sphere), sub-lregiod (north c regional (San Bego region), and tn'l-colt~ @iverside, Orange, and Sa Diego). of these &brts will be proceeding at varying stages; it will be important to allo. efforts to maintain their scfiedules while assuring the maximum level of coordimia appropdate stages- For example, the Habitat Management Plan in Carlsbad shoulr held back uti2 sub@d or regional effoas are fkrthex defined. However, a, of hediate steps can and should be laken to insure plan wordidion. WHEIEAS, federal and State actions and pobntlal actions necessitate coordinated and PI involvement of local agedlcies to avoid loss of local controx. o These efforts will, howwm, require the active participation of local, regional, SI fkderal goveznments. WEEREAS, multiple species and habitat planning by local jurisdictions is called for passage of AB 2172 (Eklky, 1991); and WBEREAS, dwelapment of a C#PEZZL~~V~ plan a~ dm in this mmotandum shouli the State of California's requirments to be a Natural CommDnity Conservation P (r;rccIp)* TBE STGNATORES TOTHTS AGIEEMENT RECOMMEND THAT COORDINATIO PLANPREPAMTION OCcsoRINACCORDANCE~~POINTs OF AGREE BELOW POINTS OF AGREEMENT 1. Plan preparation of the local efforts sh9uld be coordinated with all signatories agreement. Issues of mapping, vegetation/habitat/natural mmm~~es cIassifTmtion, bic assumptions and analysis, COM~/C~~CKS, and prwme design and management be axmb&!d to the miximum level practicable. North County &om should ph for integratim into other habita~multi-spies Come~ieS comerva 'on planning effmts, SAM>AG should be designated as the lead in facilitating such mrdimtio~~ SANDAG &odd review local activities for reviC comment on Consistency. 3 bYA I\YYAVIII_( &.\,VI, -V-LV 7e-w~- e z CI LV, YL "V. Y" MftigatiOrt and preserve design and idmtZdvn should be faciltated by a regional info center esmblkihed at SANDAG which would colla infsrxaatian and * Selated to thes and provide a regional dept5uq type ftmction, 2. methodoIogies. A more detaiied analysis of mapping e€forts is amched to identify specif that will need axmhation. 3. Veg&on/habitat &odd be chssifled accordizzg to the system devdow by SAI! existing #pen Space Tecfinlcal Advisory CommittPi.. which has representifives f juI.isdictions, incfuding north cam@, This step WTU. €&State analysis of habitat w jurisdictions as wefl as allow subregional coordination of habitat collfidors and system 4, The Study Axea should hcfucle the corporate limits and apprwed spheres of the the Pareicipating entities. Additional areas included in tbe unincorporated areas sh determined based pun the corneatvity of the systems under study. 5. North wun~jurisdictions could use different appmacha and timetable5 within this S&&d.ktg should be arranged to the extent and still achieve larger area c00rcium.m to rninimiZe delay and insure timely pdg of biological studies, plan preparation, II( agreements and memoranda, and environmental documentarion. 6- AZIefforr;&uldbemadetoe * te hd use reguIations while maintaining IC use control, 7, lhbitat/mufei-~&~wmunities consemtion phs should be integrated Open Space Element of the Regional Growth Maaagement Strategy. The Afkmifica consistency check Est process should be used to fiditae regional coordination, FU"G I. The participan.tS should jointly pursue firnding so- for studies and plans as app Potential funding could include, but not be Iimited to, &rants or altocations hrn special ( state and fa agencies, p- *agreements, ad dons. 2, Seed money which couId be used to initiate efforts should be sought. Provisions i tenn reimbursemeat should be examined to insure equitable and timely funding app EfT'rts should be made to minimite funding required from ld govmeats. 3. AU signatories should actively PartiCipatE in &E devdupmmt of a funding stra these efforts and use their coll&e influence to generate funding smrces, identify nc sources of funds, and their allocariOn, past efforts that would wntribufe to a nod conservation effort should be recugnized as part of prior Contn'butions. Use of funds s identified and provide €or ld pfan devdopment and regional coordination- I Mappingshouldbeaxmhakd through varions mecems including uniform I * -- 1 : 4 bbL l\LblbLL LVVlJ e 51/13/91 09:57 TXSlS 4.2333 "?wuMAcTIvlTlEs h order to insure that hten'm acthities will not impede the more comprehensive efforts, agencies should q10re hhdm steps to insure control, These stqrs may include the folk 1. Grading and Grubbbg!Clearance ordinan= 2. Id~tE~tiOd~i~ment of off-site mitigation procedures/sites 3. Pmjectreviewprocesses 4, Enviromen~reviw ATTACHMENTS I. 2. 3. Map of sensitive fan& mapping processes. List of ~iWmulti-spe.ci&na~ commuRifies conservation planniog efforts. Mapping procedm id san Diego region. LIST OF SIGNATORIES ClTY OF CARLSBAD J cm OF DEL MAR i/ 2 ClTY OF ENmAS Crry OF ESCOHDDO CITY OF C"SIDE 5 _-- -.-_---- 0 ---e __ -_ _- - CITY OF POWAY Y- CRY OF SAN MARCUS 4 CITY OF SOLANA BEACH I CITY OF VISTA COUNTY OF SAN DEGO COUNTY WATERAI3TEiO~ SAN DEGO ASSocfAnON OF GO- us. FISH AND T!aJxEE SEFmCE WO~DEPARTMENTOF~~GAME 6 0 0 REVISED DRAFT PROPOSAL FOR DISCUSSION MEMORANDUM OF AGREEMENT NORTH COUNTY WILDLIFE FORUM REVISED NOVEMBER 1991 SUMMARY This Memorandum of Agreement (MOA) was developed at the North County Wildlife Fc and identifies the need for coordinated habitat planning among north county jurisdiction recommends the steps necessary for a systematic and comprehensive approach to habita wildlife/multi-species management planning. Primarily as a result of activities associated with the proposed listing of California Gnatc; as an endangered species ', a number of North County cities and the County are pre! involved in preparing biological studies and developing habitat./multi-specieshatural commu conservation plans. As other cities consider these types of planning efforts, a need to information and coordinate these individual efforts and pursue the concept of a 1; subregional planning effort will be necessary. This MOA should provide the cities and County with a process to coordinate these efforts. MOA should also be signed by the participating entities, the County Water Authority, th Diego Association of Governments (SANDAG), the U.S. Fish and Wildlife Service, U.S N Base Camp Pendleton, and the State Department of Fish and Game. The MOA would not be legally binding on any of the parties nor would it take awa individual regulatory authority. It would be an agreement to enter into a voluntary pi which would allow the coordination of individual efforts and concerns. The MOA will pi the basis for several accomplishments: 1. 2. 3. A set of coordinated local habitaUmu1ti-specieshatural communities conservation p A draft agreement for the implementation of the plans; Coordination with other regionaVSouthern California efforts and; * At the California Fish and Game Commission on August 30, 1991, the Commission dl not to nominate the gnatcatcher for listing as a State endangered species. However, the Sa developed a planning process (Natural Communities Conservation Planning) that increases the I role in this process. In September the U.S. Fish and Wildlife Service proposed the gnatcatcl listing under the federal endangered species act. The federal decision must be findiz September 1992. 1 0 0 4. planning processes. STATEMENT OF FINDINGS WHEREAS, the North County Wildlife Forum was sponsored by the San Diego Associatio Governments (SANDAG) and the City of Carlsbad in order to exchange information coordinate habitat/ multi-speciednatural communities conservation planning efforts in the n county area. o The basis for a north county plan that would comply with federal and state conserva The forum was held to determine the interest and extent of commitment to undeI habitatlmulti-specieshatural communities conservation planning among north co jurisdictions. The forum included participation of all cities in north county (Carlsbad, Mar, Solana Beach, Encinitas, Oceanside, Vista, San Marcos, Escondido, Poway) County of San Diego, special programs and districts (Clean Water Program, County V Authority, and the Metropolitan Water District), state entities (Cal. Fish and Game SDSU), federal agencies (U.S. Fish and Wildlife Service, U.S. Navy SW Division U.S. Marine Base Camp Pendelton), and consultants (CCI, ERCE, and MBA) supp the habitat planning efforts of the participants. WHEREAS, habitatlmulti-specieshatural Communities conservation planning is a comprehe approach to resolve inherent conflicts between the need to protect sensitive and critical h; and wildlife and the need to proceed with certain public and private projects. o The north county sub-region contains rich and diverse biological resources; many of resources cannot be found anywhere else in the United States. The federal govern has listed 12 species as threatened and endangered and 132 other species are candi for listing in San Diego County, many of which are concentrated in north county growth in the north county’s population over the next twenty years will result i conversion of significant amounts of open space to urban development. The reg growth forecasts project a loss of 182,000 acres of open space (a substantial portion north county area) based upon the general plans adopted at the time of the forecast While these conditions could generate conflict between development and preser interests, such problems are not necessarily unsolvable. The north county must pl a biologically diverse and coordinated system of habitats. WHEREAS, the need for coordination in the north county is apparent upon review o planning efforts in the San Diego region. o The attached list identifies efforts related to habitatlmulti-specieshatural commi planning and describes the processes in more detail. A significant gap in the planni habitat systems extends throughout much of north county (see map). As the pressui development grow and the requirements for protection of sensitive habitat and VI become more demanding, the north county subregion will have to plan for the pro1 2 0 0 and management of habitat and wildlife at unprecedented levels. The advantal initiating these efforts at the earliest possible stage will be evident in cost and time sa\ WHEREAS, north county jurisdictions will have to coordinate habitatlmulti-speciedn; communities planning at a variety of levels in order to protect and manage habitat system are necessary for long-range survival of critical plant and wildlife. o Four levels of concern exist: local (the city and its sphere), sub-regional (north coi regional (San Diego region), and tri-county (Riverside, Orange, and San Diego). 1 of these efforts will be proceeding at varying stages; it will be important to allow efforts to maintain their schedules while assuring the maximum level of coordination appropriate stages. For example, the Habitat Management Plan in Carlsbad should 1 held back until sub-regional or regional efforts are further defmed. However, a nl of immediate steps can and should be taken to insure plan coordination. WHEREAS, federal and State actions and potential actions necessitate coordinated and pros involvement of local agencies to avoid loss of local control. o These efforts will, however, require the active participation of local, regional, stat federal governments. WHEREAS, multiple species and habitat planning by local jurisdictions are being str encouraged by both state & federal approaches; and WHEREAS, development of a cooperative plan as described in this memorandum should local jurisdiction enrollment decisions in the State of California’s Natural Comn Conservation Program (NCCP). THE SIGNATORIES TOTHIS AGmEMENT RECOMMEND THAT COORDINATION PLAN PREPARATION OCCUR IN ACCORDANCE WITH THE POINTS OF AGREEh BELOW POINTS OF AGREEMENT 1. Plan preparation of the local efforts should be coordinated with all signatories o agreement. Issues of mapping, vegetation/habitat/natural communities classification, biok assumptions and analysis, connectivity/corridors, and preseme design and management s be coordinated to the maximum level practicable. North County efforts should plan for integration into other habitat/multi-speciesin communities conservation planning efforts. SANDAG should be designated as the lead a in facilitating such coordination. SANDAG should review local activities for reviev comment on consistency. 3 0 0 Mitigation and preserve design and identification should be facilitated by a regional inform; center established at SANDAG which would collect information and data related to these ef and provide a regional depository type function. 2. Mapping should be coordinated through various mechanisms including uniform mal methodologies. A more detailed analysis of mapping efforts is attached to identify specific that will need coordination. 3. Vegetationlhabitat should be classified according to the system developed by SAND existing Open Space Technical Advisory Committee which has representatives fro1 jurisdictions, including north county. This step will facilitate analysis of habitat types a jurisdictions as well as allow sub-regional coordination of habitat corridors and systems. 4. The Study Area should include the corporate limits and approved spheres of the cii the participating entities. Additional areas included in the unincorporated areas shot determined based upon the connectivity of the systems under study. 5. North county jurisdictions could use different approaches and timetables within this cc and still achieve larger area coordination. Scheduling should be arranged to the extent pc to minimize delay and insure timely processing of biological studies, plan preparation, neo agreements and memoranda, and environmental documentation. 6. use control. 7. Habitatlmulti-specieshatural communities conservation plans should be integrated i Open Space Element of the Regional Growth Management Strategy. The self-certificati consistency check list process should be used to facilitate regional coordination. FUNDING 1. The participants should jointly pursue funding sources for studies and plans as apprc Potential funding could include, but not be limited to, grants or allocations from special d state and federal agencies, private agreements, and exactions. 2. Seed money which could be used to initiate efforts should be sought. Provisions fc term reimbursement should be examined to insure equitable and timely funding appr Efforts should be made to minimize funding required from local governments. 3. All signatories should actively participate in the development of a funding stral these efforts and use their collective influence to generate funding sources, identify ne sources of funds, and their allocation. Past efforts that would contribute to a north coiiservation effort should be recognized as part of prior contributions. Use of funds SI identified and provide for local plan development and regional coordination. All efforts should be made to coordinate land use regulations while maintaining loc 4 0 0 INTER.IM ACTMTIES In order to insure that interim activities will not impede the more comprehensive efforts, IC agencies should explore interim steps to insure control. These steps may include the followi I. (Grading and Grubbing/Clearance Ordinances 2. 3. Project review processes 4. Environmental review Identificatiodestablishment of off-site mitigation procedures/sites ATTACHMENTS 1. 2. 3. Map of sensitive lands mapping processes. List of habitatlmulti-specieshatud communities conservation planning efforts. Mapping procedures in San Diego region. LIST OF SIGNATORIES - CITY OF CARLSBAD, CLAUDE A. LEWIS, Mayor - CITY OF DEL MAR - cm OF ENCINITAS - crry OF ESCONDIDO - CITY OF OCEANSIDE 5 " 0 0 - CITY OF POWAY CITY OF SAN MARCOS - CITY OF SOLANA BEACH - CITY OF VISTA - COZJNTY OF SAN DIEGO - COUNTY WATER AUTHORITY - SMJ DIEGO ASSOCIATION OF GOVERNMENTS - U.S. FISH AND WILDLIFE SERVICE - CALIFORNIA DEPARTMENT OF FISH AND GAME - DEiPAR"T OF DEFENSE 6