Agmt07 The Huffman-Broadway Group, Inc. - Environmental regulatory consulting services

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EXHIBIT fr ATTORNEY WORK PRODUCT - PROPRIETARY AND CONFIDENTIAL SCOPE OF WORK Assistance with Corps and U.S. Fish and Wildlife Regulatory Issues Involving Redwood Shores and Bair Island Access; City of Redwood City, California I. Backaround; A number of species have been listed as threatened or endangered and critical habitat has been designated under the Endangered Species Act (ESA). The ESA prohibits actions that "take" (harm, injure, trap, harass, etc.) listed species. Where federal actions are needed (e.g., federal permits) , a Section 7 consultation is required to ensure that the action is not likely to jeopardize the survival of such species or adversely modify designated critical habitat. If "take" may occur, this process results in an incidental take statement (authorizing take) and identifying mitigation measures. Several listed species and critical habitat in the vicinity of the City create uncertainty as to future development and, without planning and cooperation of the U.S. Fish & Wildlife Service (FWS), can prevent if not retard desirable development within or adjacent to the City, particularly Bair Island and Redwood Shores Peninsula. Many projects are planned for the Redwood Shores Peninsula, including Area H development, the South Bayside System Authority levee modification, culvert repair, bridge access to Bair Island and restoration oflevee access. Many, but not all, of these plans can be completed under a current Corps of Engineers permit. However, the extant Section 7 consultation and incidental take statement for the existing Corps permit will be reopened and the FWS may consider cumulative effects to species and habitat. The result is uncertainty regarding needed and desirable development within the City limits and uncertainty with regard to overall future recovery of listed species. Therefore, it is in the mutual interest of both the City and the FWS to consult and coordinate to achieve respective goals and objectives. We believe the mutual goals and interests of the City and FWS can be achieved by entering into a Memorandum of Understanding (MOD) with the FWS to authorize, direct and control future development of Redwood Shores Peninsula development and modifications (levee, culvert, bridge access). The City has the inherent power to enter into an MOU and the FWS has been promoting MOU's as a means to achieve general certainty with regard to future development and protection oflisted species. The City could enter into direct negotiations with the FWS for a general plan of future development and treatment of the Redwood Shores Peninsula. If an MOU is developed that is attractive to the City, the City could adopt the MOU or relevant portions of the MOU as part the Land Use Element policies and goals (e.g. public access, environmental amenities, sustainability, levee maintenance, etc.) in the General Plan. Chief among some of the City's general goals would be achieving levee maintenance and levee trail access. The benefit for the FWS is that it can rely on the General Plan to assure that future development will be consistent with the MOD. The benefit for the City is that rather than await a decision by the FWS on a request to modify the prior biological opinion, the MOU negotiations is the joint product of the two parties. By using the General Plan and the City's planning authority the C:\Documents and Settings\malcolmsmith\Local Settings\Ternporary Internet Files\OLKI OC\ProposaI4-23-2007 (2).doc