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

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ATTORNEY WORK PRODUCT - PROPRIETARY AND CONFIDENTIAL relative power of the two jurisdictions are roughly equalized and it allows the parties to facilitate identification of mutual goals and achieve those goals. The Department of the Interior has been encouraging the FWS Regional Offices to enter into innovative MODs as a part of its cooperative conservation initiatives. This concept is not a standard practice for the FWS and persuasion will be needed to achieve the full participation of the FWS. (This option has been discussed and both Terry Huffman and Malcolm Smith and they have agreed that it is preferable to the standard request for modification of the biological opinion.) # We believe the City's best option to effectuate the City's plans would be to commit the FWS into agreement with the City on how these individual items (See Attachment 1) would be handled by the two jurisdictions. The MOD would require the FWS to conduct an internal Section 7 ESA consultation. The agreement would not require the FWS to commit itself to any prohibited pre- decisional act, but it would create a rough quid pro quo with the agency by directing how they would decide future permits. No public hearings other than those required and controlled by the City to approve any additional General Plan amendment would be required to complete the MOD process. Discussions would be required between the City and private individuals with plans for projects on the Redwood Shores Peninsula. Conceptual concurrence between the City and project proponents on such issues as access, buffers, mitigation and improvements (including density) would be needed. Once this occurs, the City would then approach the FWS and negotiate an MOD agreeing to how the City and FWS would treat each project as they come up for approval. For example, secondary access to Bair Island was adopted by the Refuge's operating plan and the resulting biological opinion noted the City's intent was to pursue secondary access. Agreement on secondary access location requires negotiation between the City and the Airport and FAA agreement. With those agreements in hand the City could then propose the access location to the FWS. Modifications necessary as a result of negotiations with FWS would be further negotiated with the Airport in two or three party talks. This same model would be followed on each of the planned Redwood Shores Peninsula improvements with the goal that the City negotiator control the negotiations with the individual plan proponents by conducting negotiations with the FWS to memorialize the MOD into a written document to be signed by the parties II. Tasks: Task 1. Identify City Needs. HBG will work with City of Redwood City (City) representatives to identify projects where City - USFWS coordination is required because federally-listed species may be adversely affected and ESA consultation is required. Areas where federally-listed species occur or critical habitat is designated will be identified with potential project impacts identified, described, and mapped. HBG estimates that 30 hours will be necessary for this task. Task 2. Work With USFWS To Identify ESA Protective Measures: HBG will work with USFWS staff using the information developed in Task 1, above to identify and develop measures to C:\Documents and Settings\malcolmsmith\Local Settings\Temporary Internet Files\OLKl OC\Proposa14-23-2007 (2).doc