HomeMy WebLinkAboutSanta Clara Valley Habitat Conservation - Non-Voting Local Partner AgreementENAC TED COPY - Contracts Adi -nin. Unit
AGMT. # A2961A E2 q. #3049
NON - VOTING LOCAL PARTNER AGREEMENT
REGARDING PREPARATION OF THE
SANTA CLARA VALLEY HABITAT
CONSERVATION PLAN AND RELATED
ENVIRONMENTAL DOCUMENTS
This Non - Voting Local Partner Agreement ( "Agreement ") is made and entered into as of
5 N , 2005 by and between the City of San Jose, a municipal corporation ( "San Jose "),
the County of Santa Clara, a political subdivision of the State of California ( "County "), the Santa
Clara Valley Water District, a public entity ( "Water District "), and the Santa Clara Valley
Transportation Authority, a public entity ( "VTA ") all of which are collectively referred to in this
Agreement as the "Original Local Partners," and the City of Gilroy, a municipal corporation
( "Gilroy ") related to the preparation of a Habitat Conservation Plan ( "HCP ") pursuant to the
Federal Endangered Species Act of 1973, as amended, 16 U.S.C. § 1531 et seq., and a Natural
Community Conservation Plan ( "NCCP ") pursuant to the Natural Community Conservation
Planning Act, as amended, California Fish and Game Code § 2800 et seq., and the California
Endangered Species Act of 1984, as amended, California Fish and Game Code § 2050 et seq., and
related environmental documents, such as an Environmental Impact Report under the California
Environmental Quality Act of 1970 ( "CEQA "), as amended, California Public Resources Code §
21000 et seq., and an Environmental Impact Statement under the National Environmental Policy
Act of 1970 ( "NEPA "), as amended, 42 U.S.C. § 4321 et seq. The HCP, NCCP and related
documents are collectively referred to as the "HCP/NCCP" in this Agreement.
RECITALS
WHEREAS, the Original Local Partners have been working together since approximately
June 2002 to formulate a joint plan for preparing the HCP/NCCP and have expended considerable
time and financial resources toward this effort;
WHEREAS, the Original Local Partners entered into a Memorandum of Understanding
related to preparation of the HCP/NCCP ( "MOU ") effective June 25, 2004; and
WHEREAS, the MOU establishes the roles, relationships, rights and responsibilities among
the Original Local Partners with respect to the HCP/NCCP; and
WHEREAS, Gilroy has expressed interest in formally participating in the HCP/NCCP
process for the purpose of, among other things, ensuring that the potential impacts of Gilroy
development and Gilroy public works projects and activities are covered by the HCP/NCCP, and
that Gilroy is able to implement provisions and measures of the HCP/NCCP when incidental take
permits or other permits are required in the future; and
WHEREAS, the Local Partners have determined that creating new full Local Partners with
associated financial obligations is not appropriate for jurisdictions responsible for a significantly
smaller portion of the HCP/NCCP Planning Area; and
Gilroy HCP/NCCP Agreement
WHEREAS, Gilroy has agreed to become a non - voting Local Partner with financial
obligations established as one -half that of an original Local Partner; and
WHEREAS, the Original Local Partners and Gilroy have determined that their mutual
needs can be met through this Agreement.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Gilroy will formally participate in all aspects of the HCP/NCCP development as
provided in the MOU to the same extent as the Original Local Partners except for the
following:
a. Gilroy's representative on the Governing Body Liaison Group will not
have voting rights.
b. Gilroy's financial contribution toward the costs of the HCP/NCCP will be
one -half (50 %) of an Original Local Partner's share.
2. Gilroy will become a signatory to the Planning Agreement between the Local Partners
and the California Department of Fish and Game ( "CDFG ") and U.S. Fish & Wildlife
Service ( "USFWS ").
3. Gilroy will provide sufficient staff resources to participate in the ongoing work of
preparing the HCP/NCCP, including but not limited to staff training, processing of
interim projects, and attending and participating in meetings of the Management Team,
HCP Technical Committee, and Stakeholder Group.
4. Gilroy will provide all technical information within its possession or control that is
reasonably related to or could facilitate preparation of the HCP/NCCP, including but not
limited to biological and other environmental data, General Plan and other land use maps
and data, and a list of activities for which it intends to seek coverage under the
HCP/NCCP.
5. Gilroy will designate up to two members of its City Council to serve as representative(s)
on the Governing Body Liaison Group.
6. Gilroy's one -half (50 %) Original Local Partner share toward the HCP/NCCP
development cost, excluding the cost of any environmental documents prepared pursuant
to CEQA and NEPA and any costs associated with permitting and implementation of the
HCP/NCCP, is currently estimated to be $220,000. Gilroy will pay its share in three
installments as follows: (i) 50% ($110,000) within 30 days of the effective date of this
Agreement; (ii) 25% by July 1, 2006; and (iii) 25% by July 1, 2007. Gilroy will
contribute toward any cost increases at one -half (50 %) of an Original Local Partner
share.
Gilroy HCP/NCCP Agreement
7. The costs of preparing environmental documents for the HCP/NCCP pursuant to CEQA
and NEPA and the costs associated with permitting and implementation of the
HCP/NCCP are currently unknown, but are expected to total approximately $220,000 to
$535,000. Gilroy will pay :a portion of these costs equal to one -half (50 %) of an
Original Local Partner share.
8. Gilroy will provide a monthly accounting of any staff time and other costs incurred or
provided by Gilroy in support of the HCP/NCCP to the HCP Manager to substantiate the
local matching component required for any state or federal grants.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
CITY OF u ' ipal corpo ation
BA
LINDA CALLON
A BA SSA
Its: City Attorney
Its: City Ad inistrator
Date: t ; - 1— C S
Date: 2— 24--CU
RHONDA PELLIN
Its: City Clerk
Date:
APPROVED AS TO FORM:
CITY OF SATJ JOSE, a mun ipal orporation
By: NIN ,V 1 r
By: nx(l I
LEE PRICE
Its: City Clerk
Date:
CVERA TODOROV
lts :'VDeputy City Attorney
Date: 2 20 f3
Gilroy HCP/NCCP Agreement
APROVED AS TO FORM:
By. ��J
EMILY TE
Its: Assistant District Counsel
Date: b31 y3l c)'g
Signed and certified that a copy of this document
has been delivered by electronic or other means
to the Chair, Board of Supervisors.
ATTEST:
By: 6�A) Z��
PHYL01,1S A. PEREZ
Its: Clerk of the Board
� a
Date: =
APPROVED AS TO FORM AND LEGALITY:
By:j -
LizArf,iNE REYNckLDS
Its: De uty County Counsel
Date: I(_d- p la
APPROVED AS TO FORM
By:
KEVIN ALLMAND
Its: Counsel /
Date: J -/12/�
Gilroy HCP/NCCP Agreement
:G Wf - (xia i -act Admin. Unit
# 2 -6 Req. # -30
SANTA CLARA VALLEY WATER DISTRICT, a
public entity
`7e
Y
RICHARD P. SANTOS
Its: Chair of the Board of Di ctt ss
Date:
COUNTY OF SANTA CLARA, a political
subdivision o the State of California
By:
LIZ KNISS
Chair,
Board of Supervisors
Date: OCT 0 4 2005
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
MICHAEL T. B RNS
Its: General ana er
Date: Of/;? s'� o