HomeMy WebLinkAboutMINUTES - 10121993 - 1.48 1 . 48
TO: BOARD OF SUPERVISORS. Contra
f
FROM: HARVEY E. BRACGCosta
DIRECTOR OF COMMUNITY DEVELOPMENT
County
DATE: OCTOBER 1, 1993
SUBJECT: CARQUINEZ STRAIT MOU
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve the 'Carquinez Straits MOU.
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2 . Authorize the Chairman of the Board of Supervisors to sign the
MOU on behalif of the Board of Supervise.
3 . Designate Supervisor Smith as the County representative to the
Carquinez Strait Resources Coordinating Council and the
Carquinez Strait Preservation Trust when they are established
and that Jim JCutler, in the Community Development Department,
will serve as the staff contact for committee work and
coordination.
FISCAL IMPACT
The majority of the costs to implement this MOU will be provided by
a trust fund established under the control of the State Lands
Commission. There will be some local costs for meeting attendance
and staff work which will be needed in support of the work to be
produced under this program.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The State Lands !Commission in the early summer of 1993 invited
participants of various local governments to meet and discuss the
possibility of joint planning along the Carquinez Straits in both
Contra Costa andlSolano Counties.
CONTINUED ON ATTACHMENT YES SIGNATUR Ce.,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENbATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON 3 Z 1qq.4 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND. CORRECT COPY OF AN
AYES: ' NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Jim Cutler (646-21035) ATTESTED OCT 12 19B
cc: Community Development Department PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
County Counsel ! AND COUNTY ADMINISTRATOR
Public Works Department
JWC:aw BY , DEPUTY
Ma2/CaryMOU.BO
I
Carquinez Strait MOU
October 1, 1993
Page -2-
On July 27, 1993 ;the Board expressed its support for this concept
as shown on the attached Board order (Attachment A) .
Due to the concerns dealing with local control and the purposes of
this request, a lengthy process of staff review was initiated to
prepare the attached Draft MOU. The MOU (Attachment B) was
reformatted by staff to discuss the need to balance resource
protection with economic development. It has been reviewed and
endorsed by the staffs of the East Bay Regional Park District; the
Greater Vallejo Recreation District; the State Lands Commission;
the Cities of Benicia, Hercules, Martinez and Vallejo; Solano
County and ourselves.
Among the key provisions are the:
,I
O Establishment of a Carquinez Strait Resources
Coordinating Council made up of the jurisdictions listed
above to coordinate planning in the Carquinez Strait
area and to oversee preparation on Carquinez Strait
Resources plan.
o Establish a Carquinez Strait Preservation Trust to be
made up of government, business and conservation
representatives to assist in funding facilities
consistent with this planning effort. Funding to
establish the trust will initially come from Pacific
National (Crockett Cogeneration project) , though other
contributors are anticipated.
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Discussion on this project have been coordinated with Supervisor
Smith's office. ! He should be appointed the County's designee to
the Carquinez Strait Resources Coordinating Council and to the
Carquinez Strait Preservation Trust when they are established. Jim
Cutler, of my department has been coordinating the staff work and
he should be designated as the staff contact for this continuing
effort.
JWC:aw
MOCargMOU.BO
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Attachment A
TO: BOARD OF SUPERVISORS
Contra
FROM: t
Jeffrey V. Smith, Supervisor District II -- !, Costa
DATE: July 27 , 1993` County•`'J�rfa^N
SUBJECT. Adopt resolution for staff to participate in the establishinent
of the Carquinez Strait Plan and Preservation . Trust
SPECIFIC REOUEST(S)OR RECOMMENDATIONS)A BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Authorize County staff to negotiate a collaborative planning
effort for establishing a Carquinez Strait Resource Plan and work
to establish a Carquinez Preservation Trust.
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2 . Approve the attached resolution to support the concept of the
Carquinez Strait Study.
BACKGROUND:
For the past two months,County staff along with Solano County, the
cities of Benicia', Vallejo, Martinez, Hercules, Pinole, East Bay
Regional Park District and the. State Lands Commission have been
meeting to discuss the possibility of developing a plan for the
Carquinez Strait. 'IThe plan would include the integration of current
facilities with the provision for additional public access, visitor
serving facilities, trails , the preservation of wildlife habitat
and historical features along with other uses as 'recognized by the
planning group.
The State Lands Commission has also recommended the development of
a preservation trust. This trust would be used to implement the
plan by using mitigation funds received from fees collected on
projects developed on the Carquinez Straits.
The results of this negotiation will come to the Board for
approval . This ; resolution expresses the County's intent to
participate in the negotiation process.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA015"C M)TTEE�
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Board Members ATTESTED
County Administrator PHIL BATCHELOR,CLERK OFTHE BOARD OF
Community Development ,Jim Cutler SUPERVISORS AND COUNTY ADMINISTRATOR
..oar r•n ino ,� BY ,DEPUTY
$, 2
So a4 d if/At400"
Vont l %a& 9" o/ .
IN THE MATTER OF j ] RESOLUTION NO.
The County pursuing ]
the development of. a ]
Carquinez Strait Plan ]
and Preservation Trust ]
WHEREAS, the StateLands Commission has brought together various
public agencies bordering the Carquinez Straits to discuss the
possibility of the Idevelopment of a Carquinez Strait Resource Plan;
and
WHEREAS, the public agencies agree that such a collaborative
planning effort would be desirable; and
WHEREAS, the State Lands Commission has also suggested that the
establishment of i- a Carquinez Preservation Trust to receive
mitigation funds required by various permit approvals;
NOW THEREFORE, BE! IT RESOLVED THAT THE COUNTY OF CONTRA COSTA
hereby agrees to ' meet with other agencies bordering on the
Carquinez Strait to pursue an agreement to develop the
collaborative planning effort, and work toward the establishment of
a Trust or similar organization to receive mitigation funds.
INTRODUCED BY
i
. SMITH
r isor, District II
Witness my hand and the seal
of the Board of Supervisors
affixed this twenty-seventh day
of July, 1993.
Phil Batchelor, Clerk of the
Board of Supervisors and
County Administrator.
By
Attachment B
1
2 Carquinez Strait Resource Plan
3
4
5 Memorandum of Understanding
6
7
8 This Memorandum of Understanding (MOU),dated for reference only as of
9 , 1993,is made and entered into by and among the City of
10 Vallejo, the City of Benicia, the City of Martinez, the City of Hercules, the
11 County of Solano, the County of Contra Costa, the Greater Vallejo Recreation
12 District,the East Bay Regional Park District, and the State Lands Commission.
13
14
15
16 Findings
17
18
19 This MOU is based on and reflects the following findings of fact:
20
21
22 1. The Carquinez Strait Area would benefit from the preparation of
23 coordinated,multiagency resource plan and a collaborative
24 implementation program for the protection, restoration and enhancement
25 of resources,balanced with other public trust uses of recreation,public
26 access,commerce,navigation and shipping which will contribute to the
27 long-term economic vitality of the Strait.
28
29 2. The Carquinez Strait and its surroundings (referred to in this MOU as the
30 "Strait Area")is a resource of statewide and national significance. It has
31 many important points of historic interest;relatively whole and intact
32 historic neighborhoods and interesting maritime related commercial and
33 industrial activities.The Strait Area is distinguished by its unique
34 characteristics, dramatic land forms and as a waterway corridor between
35 the San Francisco Bay and the Sacramento-San Joaquin Delta.
36
37 3. The Strait Area presents significant opportunities for the Parties to
38 develop the region as a 'destination' and to enhance its outdoor
39recreational public access potential to develop significant visitor serving
40 facilities for local,regional,out-of-state and international visitors.
41
42 4. Local,regional,state and federal public agencies own or manage public
43 lands in the Strait Area and have separately or jointly studied and planned
44 various aspects of the recreational potential and natural resources of the
45 Strait Area. These plans reflect a high degree of commitment to preserve
46 scenic views,wildlife habitat and historical features and to provide for
47 outdoor recreation in the Strait Area and are in various stages of
48 implementation. Some of these plans are suitable for integration into a
Carquinez MOU/final/D&A/9.7.93 1
1 comprehensive and coordinated vision for the Strait Area and its natural
z resources,recreational opportunities and economic assets.
3
4 5. Inventories and assessments of the status and health of terrestrial and
5 aquatic natural resources of the Strait Area could be completed or updated
6 as necessary. Plans for outdoor recreation and other visitor serving
7 facilities in the Strait Area need to be consistent with each other and with
a the protection,restoration and maintenance of the quality and diversity of
9 the natural resources and consistent with plans for appropriate and
10 suitable development.
11
12 6. Each of the Parties has the authority to seek mitigation measures for
13 project impacts in their respective jurisdictions.There is no plan or
14 process, however, for coordinating and assisting a mitigation strategy that
15 will benefit and enhance the natural and commercial resources of the
16 Strait Area while continuing to meet local mitigation requirements.
17 .
18 Purpose
19
20 The parties to this MOU agree to the following statement of purpose:
21
22 1. To establish a Carquinez Strait Resources Coordinating Council. The
23 principal purpose of the Council is to coordinate the preparation of a
24 Carquinez Strait Resources Plan consistent with the goals and objectives
25 of this MOU and the Memorandum of Agreement (MOA), entered into on
i6 July 29, 1993 between Crockett Cogeneration and the State Lands
27 Commission, and the respective policies of the Parties. The creation of the
28 Council does not explicitly nor implicitly commit the Parties to a financial
29 obligation for the Plan,but the Parties agree to assist one another in
30 identifying potential sources of funds.
31
32 2. To provide for the development of a Carquinez Strait Resource Plan,
33 which coordinates and integrates outdoor recreational facilities that exist
34 or have already been planned with the following:
35
36 a. Provision of additional public access.
37 b. Existing destination attractions and visitor serving facilities.
38 C Places which are not currently functioning as a destination,but
39 which could attract or serve visitors if enhanced or improved.
40 d Additional outdoor recreational facilities to meet increasing public
41 demands and needs.
42 e. Projects and programs to protect, enhance, or restore the natural,
43 scenic,historical,and cultural resources of the Strait.
44 f. Existing and future economic development.
45
46 3. To participate in the formation, management and operation of the
47 Carquinez Strait Preservation Trust, referenced in section 8 of this
48 document.
49
Carquinez MOU/final/D&A/9.7.93 2
1 4. To collaborate on a voluntary and consensual basis with and among
2 themselves and to coordinate their actions as necessary and reasonable to
3 the maximum feasible extent, so that the Plan will address regional
4 conservation,recreation,economic vitality and other issues as
5 comprehensively and effectively as possible.
6
7 Therefore, in pursuit of this common purpose, the Parties mutually agree as
s follows:
9
10 1. Initial Planning Area.This MOU applies to a conservation and recreation
11 plan to be prepared for the Carquinez Strait and the water areas of San
12 Pablo Bay and Suisun Bay leading to the Carquinez Strait; adjacent areas
13 of Contra Costa County from the common boundary of the Cities of
14 Hercules and Pinole to Edith Point east of Pacheco Creek and of Solano
15 County from Sonoma Creek to the eastern bank of Montezuma Slough,
16 and lands including tidelands,managed wetlands,marshes,and diked
17 lands and other public recreation land, state sovereign or public trust
18 lands, or other lands deemed appropriate by the city or county having
19 jurisdiction and as necessary to achieve the purposes of this MOU.
20 Nothing herein prohibits additional area or lands being included or
21 excluded within the Initial Planning Area during the preparation of the
22 Plan and supporting documentation.
23
24 2. Plan Goals and Policies. The Plan may include but not be limited to goals
25 and policies which:
26
27 a. Recommend policies and implementation programs for the
28 protection, restoration, and maintenance of the quality and
29 diversity of the natural resources of the Strait Area which may
30 contribute to its economic vitality.
31
32 b. Recommend policies for facilities for public recreation and public
33 access iri the Strait Area compatible with the protection of its
34 natural resources.
35
36 c Recommend objectives for the use of the natural, historical, and
37 cultural resources of the Strait Area for education,interpretation,
38 study and scientific research.
39
40 d. Recommend objectives that seek the enhancement of the Strait
41 Area, to make it a more desirable place to live, work, or visit.
42
43 3. Plan Content. The Plan and Background Reports may include but not be
44 limited to the following:
45
46 a. Plan Elements
47
49 i. A description and assessment of the Strait Area's natural
49 -resources.
Carquinez MOU/final/D&tA/9.7.93 3
1
2 1 A description and inventory of public and quasi-public lands
3 in the Strait Area.
4
s iii. A description of the existing land uses,facilities,activities and
6 other relevant conditions in the Strait Area.
7
8 iv. Recommendations for acquisition and restoration of areas
9 consistent with local planning goals.
10
11 V. A description of Native American and other cultural and
12 historical sites and structures and recommendations for their
13 protection, restoration and interpretation.
14
15 vi. A Plan map depicting the Plan boundaries determined as
16 necessary or desirable to accomplish the Plan's goals and
17 objectives and provide a diagram of comprehensive
18 recreation and resource land use designations based on and
19 integrating existing plans and showing adopted land use
20 designations; proposed trails and trailheads;parks;
21 interpretive and educational facilities and displays;ferry and
22 excursion boat routes and landings;fishing access;launching
23 and mooring areas for boats, kayaks and canoes; and other
24 recreation areas and facilities,and showing the relationship
25 of those proposed facilities to existing trails and recreational
26 facilities, existing and proposed public transportation
27 facilities and historic sites.
28
29 vii. Policies that carry out the purpose and goals of the MOU.
30
31
32 b. Background Reports
33
34 i. Existing and potential funding sources for land acquisition,
35 construction of public access and other facilities,restoration
36 of historic sites and structures and implementation of other
37 aspects of the Plan.
38
39 ii. A process or program to assist governmental agencies with
40 regulatory authority to optimize their choices among
41 potential mitigation strategies.
42
43 iii. A program or process for implementing the Plan,including
44 the identification of responsibilities to be assumed by
45 particular public agencies and private entities and the
46 methods of implementation including possible further
47 agreements among the Parties.
48
Carquinez MOU/final/D&A/9.7.93 4
1 4. Changing Conditions.During the preparation of the Plan, each Party
'2 agrees to advise the Council of any new data and proposed projects or
3 other actions within their area of jurisdiction in the Strait Area to assist in
4 the preparation of the Plan.
5
6 5. Other Authority.This MOU is not intended,and shall not be construed to
7 modify or curtail the Parties' legal authority and responsibilities.
8
9 6. Carquinez Strait Resource.Coordinating Council.To enhance
10 coordination among the parties during the development of the Plan, the
11 Carquinez Strait Resource Coordinating Council (Council)is hereby
12 created. The initial membership of the Council shall be a representative of
13 the named local agencies and the Executive Officer of the State Lands
14 Commission.
15
16 Each representative may designate an interim or permanent alternate at
17 any time, so long as written notice of that designation is provided to all
18 other representatives. Each member of the Council shall have an equal
19 vote,and except as otherwise provided in this MOU, all decisions shall be
20 made by majority vote of those representatives present and voting at a
21 meeting of the Council where a quorum is present. Meeting procedures
22 shall follow Robert's Rules of Order.
23
24 7. Meetings and Officers.The Carquinez Strait Resource Coordinating
25 Council may meet from time to time to oversee the Plan and to provide
26 input to the planning process and review and comment on drafts of the
27 Carquinez Plan and may form a technical committee for those purposes.
28 The Council shall establish a schedule of regular meetings and shall elect
29 from its membership a chairperson, who shall convene and preside at
30 meetings and may call special meetings as needed. All meetings of the
31 Council and any committee shall be open to the public. The first meeting
32 of the Council shall be called by the representative of the State Lands
33 Commission.
34
35 8. Carquinez Strait Preservation Trust(Trust). In furtherance of Article 11 of
36 the MOA referenced in section 1 of this document, the Parties to this MOU
37 agree to participate in the formation, management and operation of and
38 the selection of the initial directors and officers for the Carquinez Strait
39 Preservation Trust created to:Provide advice and direction regarding a
uinez Strait Public Trust Resources Status
t and
1 ty Trends
ci4Plan;Assist preparation of the Plan,Facilie public participation
42 and intergovernmental cooperation and coordination;Obtain funding for
43 Plan preparation from grants and donations, and such other funds
44 provided in satisfaction of environmental mitigation requirements;Assist
45 in a public outreach program; Support intergovernmental cooperation
46 and coordination;And assist in the implementation of the Plan upon its
47 acceptance by the Council.
48
Carquinez MOU/final/D&A/9.7.93 5
The Council shall advise and assist the Executive Officer of the State Lands
2 Commission in the selection of the initial membership and officers of the
3 Executive Committee of the Trust. All actions of the Trust undertaken for
4 the purpose of implementing the Plan shall be consistent with the Plan as
5 accepted by the Council and with the goals and objectives of this MOU,as
6 adopted or as hereafter amended as provided in section 10.
7
8 The MOU Parties shall be members of and shall constitute not less than
9 one-third representation of .the Executive Committee. The remaining
10 Executive Committee members shall be broadly representative of the
11 tw,,o-county Strait Area. In addition to the Parties, the Trust membership
12 shall include members from public agencies with jurisdiction in the Strait
13 Area; community-based organizations with interests in the environment,
14 recreational opportunities, culture, or history of the Strait Area;and the
5 business community of the Strait Area.
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17 9. Acceptance of Plan. Upon the approval of a majority of the members of
8 the Council, the Plan shall be deemed accepted.Acceptance of the Plan
19 does not.constitute approval of the Plan by the member agency whose
20 representative has voted to accept it as a member of the Council. Upon
21 acceptance of.the Plan, each representative shall, however, submit the
22 plan to the member agency's governing body to be considered for
23 adoption as an official planning document,such as a general plan
24 amendment, specific plan or master plan.
25
26 10. Amendment This MOU may be amended only by a written instrument
27 executed by all of the parties.
28
29 11. Term. This MOU shall become effective upon execution by at least six of
30 the parties. The parties agree, concurrently with their consideration of the
31 final draft of the plan, to consider whether this MOU should be amended
32 to extend the life of the Council to coordinate implementation of and
33 ongoing oversight over the Plan or to make other arrangements that will
34 accomplish the Parties'goals.
35
36 12. Changes in Membership.Any member agency may withdraw from the
37 Council at any time upon providing written notice to all other
38 representatives. Withdrawal of member agencies shall not have the effect
39 of terminating this MOU so long as at least five signatories remain
40 members of the Council. Additional public agencies may join the Council
41 with the consent of two-thirds of the representatives.
42
43 13. Counterparts.This MOU may be executed in one or more counterparts,
44 each of which shall be deemed an original and such counterparts shall
45 together constitute but one and the same MOU. It shall not be necessary
46 in making proof of this MOU to produce or account for more than one
47 such counterpart.
48
Carquinez MOU/final/D&A/9.7.93 6
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APPROVED:
[Name and Title] [Name and Title]
City of Vallejo Greater Vallejo Recreation District
Date: Date:
[Name and Title]
City of Benicia [Name and Title}
East Bay Regional Park District
Date:
Date:
[Name and Title]
City of Martinez Charles Warren
Executive Officer
Date: State Lands Commission
Date:
[Name and Title]
City of Hercules
Date:
[Name and Title]
County of Solano
Date:
[Name and Title]
County of Contra Costa
Date: OCT 12 1993
Carquinez MOU/final/D&A/9.7.93 7