DATE: June 12, 2018
SUBJECT:
Title
ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT PROGRAM FUNDED BY SAN DIEGO ASSOCIATION OF GOVERNMENTS
A) RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING, IF AWARDED, FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT PROGRAM FOR THREATENED AND ENDANGERED SPECIES STEWARDSHIP AT THE D STREET FILL IN THE AMOUNT OF $75,400 AND;
B) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR GRANT FUNDING, IF AWARDED, IN THE AMOUNT OF $75,400, FOR A PERIOD OF 18 MONTHS BEGINNING ON OR AROUND DECEMBER 1, 2018, AND ENDING ON OR AROUND JUNE 1, 2020
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EXECUTIVE SUMMARY:
The San Diego Association of Governments (SANDAG) established the TransNet Environmental Mitigation Program (EMP), which provides a competitive grant process to provide funding for regional habitat management and monitoring activities per a “Land Management Grant Program.”
The District applied for SANDAG grant funding to support the District’s endangered species program which SANDAG staff recently recommended for funding in the amount of $75,400.00. SANDAG staff’s recommendation will be brought to SANDAG’s Board of Directors for consideration in summer 2018. A Board resolution to accept grant funding is a condition of funding approval by the SANDAG Board of Directors. Execution of an agreement that includes, among other things, indemnification of SANDAG from claims resulting from or related to performance of the work funded by the grant is also required prior to the award of funds. A sample grant agreement provided by SANDAG is included as Attachment A. SANDAG has indicated that it will not agree to substantive modifications of this sample agreement, which would be tailored to the District’s project if this item is authorized by the Board. These items are therefore being brought before the Board prior to SANDAG’s July meetings.
Funding, if awarded, would support the District’s management and recovery efforts for two federal-listed species, the California least tern and western snowy plover, at the D Street Fill on the Chula Vista Bayfront.
RECOMMENDATION:
Recommendation
Resolution authorizing the acceptance of grant funding, if awarded, from the SANDAG Environmental Mitigation Land Management Grant Program for threatened and endangered species stewardship at the D Street Fill, in the amount of $75,400 and a resolution authorizing the Executive Director or designee to negotiate and enter into an agreement with SANDAG for grant funding, if awarded, in the amount of $75,400, for a period of 18 months beginning on or around December 1, 2018, and ending on or around June 1, 2020.
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FISCAL IMPACT:
Approval of this agenda would authorize the District’s acceptance of this grant, if awarded, which would fund $75,400 toward endangered species management at D Street Fill. The Port would provide in-kind services of staffing resources to manage the grant and consultant agreements, provide oversight, and organize a volunteer event. The estimated cost of in-kind services is $10,000.
Compass Strategic Goals:
The D Street Fill, is jointly managed by the District and the United States Fish & Wildlife Service Refuges (Refuges) as nesting habitat for the endangered California least tern nest and western snowy plover. Joint management is conducted in accordance with the San Diego Bay Integrated Natural Resources Management Plan.
This agenda item supports the following Strategic Goal(s).
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
DISCUSSION:
D Street Fill
The D Street Fill is a 110 acre site located adjacent to San Diego Bay in Chula Vista, CA, and is north of the Chula Vista Bayfront redevelopment project. Creation of the fill site began in the 1960s with placement of dredge spoils from nearby development projects. Today, the D Street Fill consists of vegetated and unvegetated areas which support native and nonnative plant and animal species that have colonized the site. Currently, the site is jointly managed by the District and Refuges as important habitat for listed species, migrating shorebirds, nesting sea birds, and foraging raptors.
Endangered Species Program
The District’s endangered species program assists in the management of nesting habitat for the recovery of two federal-listed species, the California least tern and western snowy plover. Since the California least tern was listed as endangered in the 1970’s, the District has implemented annual management to protect this species. Management activities include monitoring the site 3-4 times per week during the nesting season; site preparation by removing non-native invasive plants; pruning vegetation to reduce cover and potential raptor perches; controlling predators; reporting; and performing other tasks to assist with nesting success.
The endangered California least tern nesting success has increased from sporadic nesting in the 70’s and 80’s to more than one hundred nests in each of the past 14 years under District and Refuges management. In 2017, 162 California least tern chicks hatched successfully.
EMP Land Management Grant Program
To support the District’s endangered species program, the District applied for an EMP Land Management Grant to assist in the management and recovery of the endangered California least tern and threatened western snowy plover.
SANDAG staff has prioritized the District’s project and anticipate recommending funding the project to the SANDAG Board of Directors. SANDAG requires a resolution from the District’s Board to accept funding, if awarded, by June 22 in order to meet recommendation process deadlines. Execution of a grant agreement between the District and SANDAG will also be required prior to the award of grant funds and project implementation for our endangered species program at the D Street Fill. A sample grant agreement provided by SANDAG is included as Attachment A. Among other things, the sample agreement has an indemnity clause that requires the Grantee (District) to agree to indemnify and hold harmless SANDAG from claims resulting from or related to performance of the work funded by the grant. SANDAG has indicated that it will not agree to substantive modifications of this sample agreement, which would be tailored to the District’s project if this item is authorized by the Board.
EMP grant funds will enhance the nesting success of the terns and will be used to prepare the D Street Fill site for the 2019 and 2020 nesting seasons by performing site grading, debris removal, vegetation control, invasive plant management, avian monitoring, and predator control. The District will also organize a volunteer event to assist in site preparation and promote the Bay's natural resources. While no matching funds are required, the District will provide in-kind services of staffing resources to manage the grant and consultant agreements, provide oversight, and organizing a volunteer event, estimated at $10,000.
General Counsel’s Comments:
The Office of the General Counsel reviewed this agenda as to form and legality.
Environmental Review:
The proposed Board item is a resolution authorizing the acceptance of grant funding for management and recovery activities of federal and state-listed threatened and endangered species, the California least tern and the western snowy plover. The Board item and activities associated with the grant are Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), 15306 (Information Collection), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and/or Sections 3.a(12), 3.a(13), 3.d, 3.f, and 3.g of the District’s Guidelines for Compliance with CEQA. The Categorical Exemption listed above is appropriate for the project because the project is a grant for management and recovery activities (consistent with activities listed in the INRMP) of federal and state-listed species that would involve no expansion of use beyond that previously existing, would not involve the removal of mature scenic trees, would not result in a serious or major disturbance to an environmental resource, and may include actions taken by regulatory agencies to assure the maintenance and enhancement of a natural resource. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
The project complies with Section 87 of the Port Act, which allows for the establishment and maintenance of tidal and submerged lands for open space, ecological preservation, and habitat restoration. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the project is consistent with the Public Trust Doctrine.
In addition, the proposed Board action is considered “excluded development” pursuant to Sections 8.a(8)(13) (Existing Facilities), 8.d(1)(4) (Minor Alterations to Land), 8.e (Information Collection), 8.f (Inspections) of the District’s Coastal Development Permit Regulations; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Brent Eastty
Senior Environmental Specialist, Environmental Conservation
Attachment(s):
Attachment A: Sample Grant Agreement