HomeMy WebLinkAbout1991-12-10; City Council; 11470; IMPLEMENTATION OF MEMORANDA OF AGREEMENT WITH U.S. FISH AND WILDLIFE SERVICE'.
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ClYOF CARLSBAD - AGENWBILL Jw !<
AB# ) 1; 43 c) TITLE: Implementation of Memoranda of Agreement wit DE
CIl MTG. I%-/ 0 d c~ 1 U.S. Fish and Wildlife Service, California
Department of Fish and Game, and the Fieldstone DEPT.-PLLL Company Clli
RECOMMENDED ACTION:
Adopt Resolution No. 9 I - 3Qi J
authorizing the City Manager to:
1.
approving formation of the Facilitatior
Accept a deposit from the Fieldstone Company to offset the cost:
with the Facilitation Team, and
Negotiate and execute agreements with consultants as may be n
carry out the process as described.
2.
ITEM EXPLANATION
As outlined in previous reports, the City is pursuing a proactive approact-
for wildlife habitat by undertaking a citywide Habitat Management Plan (k
the citywide plan is being formulated, it is necessary to address public
projects which may impact the habitat of species that are not curren
threatened or endangered but may soon be. Such projects are referred t
Activities, and they are best addressed by entering into a process of negc
the appropriate agencies to determine the level of mitigation required a
projects may go forward in a manner consistent with the citywide plan.
Recently the City entered into two Memoranda of Agreement (MOA) with t
and Wildlife Service and the California Department of Fish and Game to
widening and realignment of Rancho Santa Fe Road as an interim ac
Fieldstone Company is also a party to those agreements because a major p
road passes through land owned by Fieldstone, and Fieldstone is propos
portions of its property adjacent to the new road alignment concurrent w
grading. Because Rancho Santa Fe Road will be totally developer financed,
private grading is essential to the financial feasibility of the road project.
of this report is to begin the implementation of the MOAs so that the
Rancho Santa Fe Road can continue.
Closely related to the MOAs is the Environmental Impact Report (EIR) whi
preparation for the combined road and private grading. The Draft El
recommends criteria that the gnatcatcher mitigation should meet, and i
several specific mitigation measures which meet the criteria. However, it
to note that there could still be a significant impact requiring a finding (
considerations for approval of the project unless the mitigation measures i
by the process described in the MOAs. This process will involve ar
available biological information and decision making by consensus amoi
interested parties. Both onsite and offsite mitigation alternatives will be
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Page Two of Agenda Bill No. //, LiJjC
This approach to setting mitigation for impacts to a species that is only a ci
listing is unique and innovative. Typically, the mitigation for impacts to unlis
is decided by the City, with the State and Federal agencies having advisoi
no actual role in the final decision. By contrast, the process described in
Santa Fe Road EIR and in the MOAS gives the agencies a key role in t
making process. Such a step would normally not be taken until a specie:
listed as endangered. The City is voluntarily entering into the process i
because doing so is consistent with our proactive approach to planning
habitat and open space. The MOA process recognizes that the road must I
that a reasonable amount of private development on adjacent land is neces
for the new road. At the same time, it recognizes that the project will i
result in impacts to sensitive species, and these impacts must be mit
biologically sound manner.
A detailed Work Program is being prepared. One of the initial steps in
Program will be formation of the Facilitation Team which will carry out
tasks. The proposed participants and their respective roles on the Facilitatic
described in Exhibit 2. As with the Citywide process, the Facilitation
function by consensus, and all meetings will be open to the public. The Wc
will be divided into phases, with progress reports to the City Council at the
phase.
An important consideration is the relationship of the Rancho Santa Fe Roac
the ongoing citywide process. The two efforts are separate but parallel pro1
similar objectives. A comparison of the two processes is outlined in Ex1
assure coordination between the two efforts, the Facilitation Team includes
representative from the HMP Advisory Group. In addition, the facilitator f
Advisory Group, Rick Alexander, will also be serving as the Facilitator f
process.
FISCAL IMPACT
Consultant services will be required to prepare and review various reports a
in the decision making process. Also, pursuant to new state legislation (1
will be necessary to reimburse the state Department of Fish and Game for F
on the Facilitation Team. Because construction of Rancho Santa Fe Road
Management requirement of new development, all costs related to the HCP
the responsibility of the property owners within Zones 11 and 12. The CI
placed into two categories:
1) Those costs attributable to Rancho Santa Fe Road itself.
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Page Three of Agenda Bill No. I/ q.7 r;
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2) Those costs attributable to Fieldstone's private grading.
The costs in the first category will ultimately be born by all of the Zone 1 1 /I
owners who are jointly responsible for financing the construction of the
assessment district is being proposed to fund the road construction, ar
provide the ultimate mechanism for assessing each property owner his prc
share of all costs related to the road, including the costs for planning and c
the mitigation. Prior to formation of the assessment district, the Fieldstonc
has agreed to advance the necessary funds for the HCP process and be
later from the assessment district for the share attributable to the other
property owners.
The second category of costs, that is those related to Fieldstone's private g
be born solely by Fieldstone. The City's Finance Department will maintain
accounting of all expenditures allocated between the two categories so that '
reimbursable to Fieldstone is clearly understood by all parties.
Costs to the City will consist of staff time spent in the process. A con
estimate is being prepared. At the present time it is estimated that the 1
work will be approximately $150,000. When the final cost estimates are co
approved by the City Manager, the funds will be advanced by Fieldsto
executing any consultant agreements or beginning any work. The
agreements will be structured so that they comply with the new ruling frc
Poitical Practices Commission regarding insulating consultants from potenti
of interest.
ENVIRONMENTAL REVIEW
The completed HCP will include environmental review and documentation
the California Environmental Quality Act and the National Environmental P
EXHIBITS
1.
2. Facilitation Team Participants
3.
Resolution No. 3 I - :$'/ /
Comparison of Citywide Process and Rancho Santa Fe Road Proces
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RESOLUTION NO. 91-391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA APPROVING FORMATION OF A FACILITATIOI
AUTHORIZING THE CITY MANAGER TO ACCEPT ADVAN
FROM THE FIELDSTONE COMPANY AND TO NEGOTIATE A
CONSULTANT CONTRACTS.
WHEREAS, the City of Carlsbad has entered into Memoranda of As
the United States Fish and Wildlife Service, the California Departmenl
Game, and the Fieldstone Company to pursue a process which is intend
mutually agreeable mitigation measures for wildlife habitat impacts due to
and realignment of Rancho Santa Fe Road and related private grading; a
WHEREAS, the Fieldstone Company has agreed to provide advanc
I consultant services and other costs related to this process; and
WHEREAS, the Fieldstone Company shall be eligible for reimbursen
advanced in excess of its proportional share of costs directly related tc
Santa Fe Road project from any subsequent assessment district formed t
construction of this road; and
WHEREAS, the City now wishes to begin the process of n
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discussions which will lead to agreement on the mitigation measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit)
California that:
1) The above recitations are true and correct.
2) The attached Facilitation Team membership is approved.
3) The City Manager is authorized to accept funds from the Fieldstc
to offset the costs of carrying out the work and to negotiate
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consultant agreements as necessary to complete the process, provic
cost of consultant agreements and other direct costs does not
amount deposited by the Fieldstone Company.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the (
I1 of the City of Carlsbad, held on the loth day of December
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard & Stai
NOES: None
ABSENT: None
CLAUDE A. LEdS, 'Mayor -
ATTEST:
&&L &( 6?-
ALETHA L. RAUTENKRANZ, City Clerk
2.
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Exhibit 2
Fac i I i t at io n Team Partic i pants
Project Facititator (Rick Alexander)
Role: Overall facilitation of the process, emphasizing decision-making
consensus.
Facilitating Biologist (To Be Determined)
Role: Coordinate review of biological information from various sources.
Calif. Dept. of Fish & Game Representative
Role: Responsible Agency under state law.
U. S. Fish & Wildlife Service Representative
Role: Responsible Agency under federal law.
City Biological Consultant (MBA)
Role: Provide information on existing habitat within Carlsbad.
City Environmental Consultant (Phil Hinshaw)
Role: Coordinate and manage EIR and NEPA compliance.
San Dieguito River Park Joint Powers Authority
Role: At the present time, this JPA is the only regional entity whose purpo:
acquisition and maintenance of open space and habitat lands in North Coi
They will be invited to participate as the potential title holder in the event
regional preserve outside of Carlsbad.
Fieldstone Company Representative
Role: To represent private property interests.
Liaison Member from HMP Advisory Group (Seth Schulberg)
Role: To assure coordination with HMP Advisory Group.
Sandag Representative
Role: To coordinate with efforts of other cities and the county; to coordinate
regional open space planning efforts.
City of Carlsbad Staff
Planning Director, City Engineer, City Attorney, Financial Management Direc
HMP Project Manager (Don Rideout).
Role: Represent the interests of the City.
Citside Habitat Manaqement Plan
Process
1. Seeks environmentally sensitive
reconciliation of habitat
preservation and appropriate
development
2. Citywide in scope
3. Multi-species and multi-habitat
4. Applies to future development
5. Eliminates need for project
mitigation negotiations
Rancho Santa Fe Road Mitiaa
Process
1. Seeks environmentally sensi
reconciliation of habi
preservation and appropr
development
2. Limited to immediate vicinity
Rancho Santa Fe Road i
proposed offsite mitigation are
3. Addresses only Califor
Gnatcatcher and Coastal Si
Scrub Habitat
4. Applies to Interim Activities
5. Involves project specific mitigat