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. CITY OF SAN BERNAtnINO - REQUEST F~ COUNCIL ACTION
From: Al Boughey, Director
Subject:
Memorandum of Understanding for the
Development and Implementation of a Valley-
Wide Multi-Species Habitat Conservation
Plan
Dept: Planning & Building Services
Date: May 11, 1995
MCC Date: June 5, 1995
Synopsis of Previous Council Action: None
Recommended Motion:
That the Mayor and Common Council adopt the Resolution authorizing execution of the
Memorandum of Understanding to develop and implement a Valley-Wide Multi-Species Habitat
Conservation Plan.
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tit 7;~ Bo:g:
Contact person: Al Bou!!hey
Phone: 384-5357
Supporting data attached: Yes. Staff Reoort. Resolution
Ward: Citywide
FUNDING REQUIREMENTS:
Amount: Nt A
Source: (Acct. No.)
( Acct. Description)
Finance:
Council Notes:
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Agenda Item No. 3~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT AND
IMPLEMENTATION OF A V ALLEY -WIDE MULTI-SPECIES HABITAT CONSERVATION
PLAN
Mayor and Common Council Meeting June 5, 1995
REQUEST: That the Mayor and Common Council authorize execution of the Memorandum of
Understanding to develop and implement a Valley-Wide Multi-Species Habitat Conservation
Plan. The Habitat Conservation Plan will affect those areas located within the Biological
Resources Management Overlay, contained in Section 10.0 of the General Plan, Natural
Resources. The Biological Resources Management Overlay encompasses primarily those areas
located within the foothills and natural drainages/washes.
BACKGROUND: Since October 1994, at the request of County Supervisor Jerry Eaves (Exhibit
I), staff have acted as members of a technical subcommittee whose purpose was to develop a
Memorandum of Understanding for the development and implementation of a Valley-Wide
Multi-Species Conservation Plan.
The purpose of establishing a Multi-Species Habitat Conservation Plan is:
1. For the conservation and protection of sensitive or rare species of plants and
animals in the San Bernardino Valley.
2. To provide equity in regulation, reduction of expenses and reduction of regulatory
duplication.
3. To lessen or avoid cumulative impacts to the sensitive or rare species and
whenever possible, elimination of case-by-case review of impacts of projects
when consistent with the mitigation and compensation requirements specified by
the plan.
4. The reduction and elimination of uncertainty for developers with projects in areas
that may affect sensitive or rare species.
The Memorandum of Understanding for the Multi-Species Habitat Conservation Plan defines the
roles and responsibilities of the City and other participants in the development and
implementation of a valley-wide Multi-Species Habitat Conservation Plan.
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VALLEY-WIDE MULTI-SPECIES HABITAT CONSERVATION PLAN
HEARING DATE: June S, I99S
PAGE: 2
A list of participating agencies in Memorandum of Understanding and the Valley-Wide Multi-
Species Habitat Conservation Plan can be found in Attachment C of the Memorandum of
Understanding. The Memorandum of Understanding is included as Attachment A to the
Resolution (Exhibit 3).
KEY POINTS:
Responsibilities of the City Under the Memorandum of Understanding:
o To provide all relevant information it possesses for lands within its jurisdiction.
This will primarily take the form of copies of any technical studies the City may
possess that wquld assist in preparation of the plan.
o To provide staff review of the plan and associated environmental documents, and
technical or other assistance or support to the County (the Lead Agency in
preparation of the plan) upon mutual consent, liaison with adjacent jurisdictions,
and development of a public participation program within the City to ensure
adequate public participation in developing the plan.
o To amend the City land use plans and policies as necessary to conform with the
final approved conservation plan. Should the City choose not to revise its land
use plan and policies to conform with the plan, it must withdraw from
participation. However, doing so may adversely affect the plan and other
participants since withdrawal of any participant could leave holes in the plan
coverage rendering the plan inadequate until it is appropriately modified.
o City participation in the Valley-Wide Habitat Conservation Plan is consistent with
General Plan Implementation Measures 110.1, 110.2, 110.4, and 110.6, which
implement General Plan Policies conservation of sensitive biological species
through identification of areas of sensitive biological resources, establishment and
maintenance of a data base of sensitive resources within the City's boundary, and
coordination with the California Department ofFish and Game and U.S. Fish and
Wildlife Service in the development of open space and conservation plans.
o To provide a fair-share contribution to funding the plan preparation and
implementation by allocating appropriate staff and support services.
For more detail regarding the development and implementation of the Valley-Wide Multi-Species
Habitat Conservation Plan, see the Memorandum of Understanding.
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VALLEY-WIDE MULTI-SPECIES HABITAT CONSERVATION PLAN
HEARING DATE: June 5, 1995
PAGE: 3
COSTS
There will be no direct out of pocket costs for participation in the Habitat Conservation Plan at
this time. Indirect costs in the form of assistance to the County of San Bernardino, the lead
agency in development and implementation of the plan are expected. These include staff time
for information compilation and input, technical assistance, liaison with adjoining jurisdictions,
and solicitation of public participation. However, the City becoming a signatory of the
Memorandum of Understanding does not constitute a commitment of funds. The Memorandum
of Understanding recognizes (Paragraph 7.4) that the limits of the performance of signatory
agencies is dependent upon the lawful appropriation, availability and allocation of funds by
proper authorities.
STAFF RECOMMENDATION
Staff recommends that the Mayor and Common Council approve the resolution authorizing
execution of the Memorandum of Understanding to develop and implement a Valley-Wide Multi-
Species Habitat Conservation Plan.
Prepared by:
Michael R. Finn, Associate Planner
for Al Boughey, Director of Planning and Building Services
EXHIBITS: 1.
October 26, 1994 Letter from County Supervisor Eaves
2. May II, 1995 Letter from County Supervisor Eaves
3. Resolution
Attachment A - Memorandum of Understanding for Participation in the
Valley-Wide Multi-Species Habitat Conservation Plan
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EXHIBIT 1
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JERRY EAVES
SUPERVISOR. FIFTH OISTRICT
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October 26, 1994
Tom Minor, Mayor
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92402
Re: VALLEY-WIDE MULTI-SPECIES HABITAT CONSERVATION PLAN STEERING
COMMITTEE
Dear~
. Thank you for your support of the proposed San Bernardino Valley Habitat
Conservation Plan (HCP). FDUrteen of the fifteen cities in the San Bernardino Valley
have adopted a Resolution of Support for the HCP, with the fifteenth city scheduled to
present this item before the city counCIl on November 7, 1994. Sirnilar action is
expected to be taken by the County Board of Supervisors on November 1, 1994.
Now that this wide-spread support has been formally expressed, it is appropriate to
schedule another meeting of the Steering Committee in order to proceed with the
preparation of the HCP. The next meeting of this committee has been set for
Wednesday, November 9,1994 at 10:30 a.m. in the Citrus Room on the fifth floor of the
San Bernardino County Government Center located at 385 N. Arrowhead Ave, San
Bernardino, CA. I arn very hopeful you will be able to attend since we will be discussing
such irnportant issues as our initial course of action, funding and the tentative
preparation schedule. An agenda is attached for your review. Please contact Louise
Sl Jean of the County Economic and Community Development Department at (909)
387-4593 to confirm your attendance at the meeting.
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Tom Minor, Mayor
VALLEY-WIDE MULTI-SPECIES HABITAT CONSERVATION PLAN STEERING
COMMITTEE
October 26, 1994
Page 2 of2
I am extremely pleased with our progress to date, and look forward to working with you
and all those on the committee to produce this much needed plan.
Sincerely,
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JE:JS
Attachment
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CC: Shauna Clark, City Administrator
Jean Anderson, Director of International and Cultural Affairs
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EXHIBIT 2
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JERRY EAYES
SUPERVISOR, FIFTH OISTRICT
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May 11,1995
Tom Minor, Mayor
City of San Bemardino
300 North "0" Street
San Bernardino, CA 92402
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Dear Mayor Minor:
As you know, San Bernardino County, the cities within San Bernardino Valley, and
various agencies, businesses, and environmental organizations are joining forces to
prepare a Multi-species Habitat Conservation Plan for the San Bernardino Valley. My
objective is to facilitate future development in the plan area without excessive delays
due to biological issues by sufficiently protecting endangered, threatened and other
~ sensitive plant and animal species.
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Last fall, I requested that each city adopt a resolution expressing its support of this plan.
I felt such a resolution would demonstrate the necessary commitment to move forward
with this project. All fifteen cities and the county adopted similar resolutions by early
November.
Since that time, most of our energy has been devoted to the preparation of a
Memorandum of Understanding (MOU) that would be signed by all participating
agencies. This MOU will act as a basic contract between all involved parties so that the
expectations of all agencies would be stated in writing to avoid confusion and wasted
effort as the plan proceeds in development Considerable time has been expended in
preparing this MOU, and whereas not all interested groups agree with all provisions of
the document, there is general consensus among the major stakeholders in the plan
that the MOU provides sufficient assurances to all of the participating agencies and that
the MOU is ready for your city's approval.
As you know, funding is a critical factor in the preparation of the plan. We anticipate
that it will cost approximately $1.8 million. None of the agencies involved with this
program have this kind of money available for this project. Therefore, the vast majority
of the funds required to complete the work will have to come from outside sources. A
Funding Subcommittee has been formed to investigate available grants and other
sources of funds for which we may apply. Many of the foundations that award grants
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Tom Minor, Mayor.
May 11, 1995
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for such work will match funds that are obtained from the participating agencies
preparing the plan.
SAN BAG is considering providing some funds for plan preparation on a matching fund. .
basis. This has prompted staff to investigate various altematives in soliciting funds that
would be matched by SAN BAG. Various approaches were discussed informally with
the city managers at the San Bemardino County City Managers meeting in April. Valid
concerns were expressed at this meeting about the ability of local jurisdictions to
contribute anything, other than staff time, toward this plan. I fully understand this
concem. However, some jurisdictions have felt that they could contribute something
because they could see a real value in preparing this plan and they know the funds are
necessary to do the work. They feel that it is better to jQin forces and pay a little now,
than wait for their first major community project to come along and have to pay much
larger sums of money to prepare their own study or plan just for the one projecl It is
not my. intent to request money from the cities, but, if necessary: we will, even if only on
a voluntary basis. Of course, any request for monetary contributions from your city
would have to come back to the city council for your approval.
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Recently, I was in Washington, D.C. and talked with Bruce Babbitt, Secretary of the
Interior, about this project and asked for his assistance with funding for the plan. He
expressed interest in helping and made a definite commitment to do so.
The MOU for the plan will be coming before you city council in the near future. I would
appreciate your assistance in expediting your city's adoption of this MOU so that we will
be able to move forward with this plan that is so essential to the economic well-being of
our valley.
If you have any questions conceming this planning effort, please contact me at (909)
387-4565. . .
Sincerely, ~ ./(-0
~VES
Supervisor, Fifth District
JE:js
CC: Shauna Clark, City Administrator