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Agenda Item # 16

BOARD MEMORANDUM

RECOMMENDATION:

Authorize the General Manager to execute a Memorandum of Understanding (MOU) with the County of Santa Clara, the City of San Jose, and the Santa Clara Valley Water District establishing the organizational framework for the Santa Clara Valley Habitat Conservation Plan / Natural Communities Conservation Plan.

BACKGROUND: 

The 1996 Measure B Transportation Improvement Program resulted in VTA construction projects throughout Santa Clara County.  Three of these projects are either nearing completion or are under construction in the Coyote Valley: the U. S. 101 Widening project, the 85/101 (South) Interchange Improvement project, and the Consolidated Biological Mitigation Project.  These projects required consultation with U. S. Fish and Wildlife Service (USFWS) under the terms of Section 7 of the federal Endangered Species Act.

On July 31, 2001, the USFWS issued a Biological Opinion that specified mandatory conservation measures that VTA must fulfill to mitigate for impacts on biological resources associated with the aforementioned projects, including: Provide funding and staff support for and develop and implement a countywide, multi-species habitat conservation plan that will assure on-going conservation of the ecosystem on which the species depends.  As part of this commitment, VTA will provide approximately $4.4 million to support the preparation of the Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP) and conservation measures previously described.  Funding will be contributed by participating local agencies.

Participation in the MOU will formalize VTAs partnership with the other signatory agencies with the stated purpose of development and implementation of the required countywide HCP/NCCP.  An HCP/NCCP is a joint federal/state mechanism for assuring preservation of ecosystems on which sensitive species depend, within the framework of managed growth, permitting legal take of those species when the impact occurs in a manner consistent with the HCP/NCCP.

DISCUSSION: 

The Biological Opinion issued on July 31, 2001 by the USFWS enabled VTA to begin construction on the U. S. 101 Widening Project, 85/101 (South) Interchange Improvement Project, and the Consolidated Biological Mitigation Project.  Of the several obligations imposed by the Biological Opinion, two dealt specifically with the habitat acquisition and the establishment of an HCP.  First, VTA was to acquire, manage, and maintain 333 acres of serpentine grassland butterfly habitat.  VTA is in the process of fulfilling that obligation as authorized by the Board on March 6, 2003.  Secondly, VTA is to provide funding and staff support for a countywide multi-species HCP/NCCP.  The MOU is a commitment to a collaborative partnership that initiates the process to fulfill the second obligation.  The primary goal of the partnership is the creation and implementation of the mandatory countywide, multi-species HCP/NCCP.  VTAs funding participation will not exceed the already Board-authorized level of $4.4 million.

ALTERNATIVES:

There are no practical alternatives to this recommended action.  The geographic and multi-species scope of the HCP/NCCP will require multi-jurisdictional cooperation.  Development and implementation of the HCP/NCCP will require coordination of transportation planning and land use policy with biological resources management.  The MOU provides the necessary organizational framework for such a large-scale task and is consistent with meeting VTAs obligations specified in the Biological Opinion issued by the USFWS.

FISCAL IMPACT: 

There are no direct fiscal impacts of this action.  As is the case for acquisition, management and maintenance of the butterfly habitat, VTAs mandated participation in the MOU will also be funded through the previous Board-authorized $4.4 million allocation.

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