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Resolution 13875CITY OF ALAMEDA RESOLUTION NO. 13 8 7 5 ADOPTING THE FINDINGS FOR THE NON - NATIVE SPARTINA ERADICATION PROGRAM CONTAINED IN THE FINAL PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT PREPARED BY CALIFORNIA STATE COASTAL CONSERVANCY, ADOPT A MITIGATION MONITORING REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND RECOMMENDATION TO APPROVE AN AGREEMENT FOR FUNDING FROM THE STATE CALIFORNIA COASTAL CONSERVANCY TO IMPLEMENT SPARTINA ERADICATION AND MITIGATION MEASURES WHEREAS, the "Final Programmatic Environmental Impact Statement/Environmental Impact Report, San Francisco Estuary Invasive Spartina Project: Spartina Control Program" (FEIS/R) prepared for the Invasive Spartina Project (ISP) Control Project pursuant to the California Environmental Quality Act (CEQA) was certified by the California State Coastal Conservancy (Conservancy) through its September 25, 2003 resolution certifying the MR; and WHEREAS, this EIS/EIR identifies mitigation measures that will be applied to reduce or eliminate impacts at treatment locations; and WHEREAS, the ISP Control Program methodology is expected to be modified by the addition of a new herbicide, imazapyr, for use in invasive Spartina treatment, as soon as that herbicide is approved by California regulatory agencies for use in an aquatic environment. This approval is anticipated for August 2005; and WHEREAS, the Conservancy has independently reviewed and considered the Addendum to the FEIS/R, dated May 2005, and has found that the change proposed in the ISP Control Project incorporating the use of the herbicide imazapyr and associated surfactants and colorants for invasive Spartina treatment may be appropriately addressed in an addendum under the CEQA because there is no substantial evidence that the proposed change to the Control Program will give rise to: new significant environmental effects not considered under the FEIS/R or a substantial increase in the severity of the significant effects previously identified in the FEIS/R; and WHEREAS, specific environmental and other benefits of the Control Project described in the FEIS/R include long -term environmental benefits of preserving and restoring native habitat for endangered species and for other plant and animal species that otherwise would be threatened by the continued spread of invasive cordgrass in the Estuary and the avoidance of severe adverse impacts associated with failing to control the continued spread of the non - native cordgrass; and WHEREAS, alternatives to the Spartina Control Program analyzed in the FEIS/R are infeasible in that they do not achieve the project objectives of control and eradication of non- native cordgrass, will result in the same or greater environmental impact and will not produce the same environmental benefit as the Control Program; and WHEREAS, the Acting City Manager has reviewed the FEIS/R, the Addendum, the site - specific treatment plan and project impact evaluation and believes that the environmental impacts related to the area designated Alameda/San Leandro Bay Complex are adequately addressed and no further environmental documentation is required to satisfy the requirements of CEQA; and WHEREAS, potentially significant, unavoidable short-term impacts to the endangered California clapper rail continue to exist, even with a phased program, are outweighed by the long -term environmental benefits and therefore, necessitate the adoption of a Statement of Overriding Considerations; and WHEREAS, the Invasive Spartina Project and implementation of the Spartina Control Program remain consistent with Public Resources Code Sections 31160 - 31164;. and WHEREAS, On June 28, 2005, a public meeting was held to inform the public about the proposed spartina control efforts. Attendees were supportive of the proposed project but did express concerns about herbicide usage and the residual habitat effects though overall attendees were in favor of the proposed action plans. Staff believes there are control plans and mitigation measures that will be taken to minimize impacts of herbicide usage; and WHEREAS, the Conservancy authorized the disbursement of an amount not to exceed thirty-eight thousand ninety -three dollars ($38,093) to the City of Alameda (grantee) for implementation of invasive Spartina treatment and eradication projects under the Invasive Spartina Project (ISP) Spartina Control Program; and WHEREAS, the funds shall be used by the grantee to undertake Spartina treatment and eradication activities ($31,103) and public outreach related to these activities ($6,990) along the shoreline of Alameda Island within the Alameda/San Leandro Bay Complex for 2005 -2006; and WHEREAS, the grantee shall carry out the project in accordance with the agreement, site - specific plans and a work program to be approved by the Executive Officer of the Conservancy pursuant to the agreement; and WHEREAS, the grantee shall provide any funds beyond those granted under the agreement which are needed to complete the project; and WHEREAS, the Conditions Precedent to Commencement of Project and Disbursement and Additional Grant Conditions shall be met before the grantee shall commence the project and the Conservancy shall not be obligated to disburse any funds under the agreement; NOW THEREFORE, BE IT RESOLVED, that the City of Alameda shall adopt a statement of overriding considerations for the non - native Spartina Eradication Program contained in the Final Programmatic Environmental Impact Statement/Environmental Impact Report prepared by California State Coastal Conservancy that: The overall environmental benefits of the Control Program as detailed in the FEIS/R, warrant the Conservancy's decision to approve the project even though not all of the environmental effects of the project are fully mitigated. First, unavoidable significant impacts to the four identified biological species (salt harvest mouse, tidal shrew, and rails) are limited and short-term, arising during and only as a result of treatment. Second, with implementation of the Control Program it is anticipated that over the long -term, as the non - native cordgrass is removed, the native cordgrass and other native vegetation will return to the areas from which they have been displaced, thereby creating additional species habitat. In addition, existing native habitat, that would otherwise be overrun, will be preserved. Third, after successful completion of the Control Program, restoration projects planned for the Estuary that will add further native habitat may then move forward without the risk of providing fertile ground for more extensive invasion of non -native Spartina and its hybrids. Fourth, in the absence of the coordinated and comprehensive Control Program, the FEIS/R concludes, based on best available science, that the spread of non - native cordgrass will expand, eventually creating an altered Estuary environment that will be less suitable for these four species and lead to more severe long -term impacts on them and on other species dependent on marsh and tidal areas. Finally, other severe long -term impacts that are associated with failing to control the spread of non -native cordgrass will be avoided, including increased accretion of the Bay, the potential for increased flooding, and the further change from mudflats, marsh and open water to areas vegetated with non -native plants. The unavoidable, significant impact on visual resources is likewise a short-term one. The change in vistas occurs only with and during treatment and the change is one -time. When balanced against the environmental benefits of the removal of an aggressive non -native plant that displaces native plants and impacts biological resources, there is little question that environmental concerns are best served by implementing the Control Program; and NOW THEREFORE, BE IT FURTHER RESOLVED, that the City of Alameda shall adopt the mitigation monitoring reporting program; and NOW THEREFORE, BE IT RESOLVED, that the City of Alameda approves an agreement for funding from the State California Coastal Conservancy to implement Spartina Eradication and Mitigation Measures. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in the regular meeting of the City Council on the 19th day of July, 2005, by the following vote to wit: AYES: Councilmembers Daysog, dellaan, Gilmore, Matarrese and Mayor Johnson — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of July, 2005. kiV4k 1)16 Lara Weisiger, City Cl City of Alameda