REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  February  7, 2017
CATEGORY:  Consent - General Government-1.

SUBJECT:

COOPERATIVE SERVICE AGREEMENT AND ANNUAL WORK/FINANCIAL PLAN BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) AND SHASTA COUNTY

Supervisorial District No. :  ALL

DEPARTMENT CONTACT:  Paul Kjos, Agricultural Commissioner (530)224-4949

STAFF REPORT APPROVED BY:  Paul Kjos, Agricultural Commissioner

RECOMMENDATION

Take the following actions: (1) Adopt a resolution that finds the Cooperative Service Agreement and the Annual Work/Financial Plan between the United States Department of Agriculture, Animal Plant Health Inspection Services/Wildlife Services (USDA WS) and Shasta County for the Integrated Wildlife Damage Management Program (IWDM) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), 15307, and 15308, each of which stands as a separate and independent basis for determining that the IWDM is exempt from CEQA; (2) approve and authorize the Chairman to sign the retroactive Cooperative Service Agreement between the County of Shasta and USDA WS for the period July 1, 2016 through June 30, 2021; and (3) approve and authorize the Chairman to sign the retroactive Annual Work/Financial Plan for the period July 1, 2016 through June 30, 2017 with USDA WS in the amount of $119,364 for the IWDM.

SUMMARY

The County has maintained a Cooperative Service Agreement with the USDA WS since 1998 for professional wildlife management services. The five year Service Agreement describes the program and the responsibilities of each cooperator while the one year Annual Work/Financial Plan outlines the financial obligations of the county and USDA WS for the program. Staff has reviewed the program and has concluded the IWDM is categorically exempt from CEQA under the “common sense exemption” pursuant to CEQA Guidelines section 15061(b)(3) and is also exempt from CEQA under the Class 7 and Class 8 categorical exemptions found in CEQA Guidelines sections 15307 and 15308.

DISCUSSION

In 1998, the Board approved the initial Cooperative Service Agreement between the USDA WS and the County re-establishing wildlife management services in the County.  The five year Cooperative Service Agreement with the USDA WS provides the details about each cooperator’s responsibilities.     A separate annual Work/Financial Plan is also developed by the USDA WS for cooperating counties.  This plan details the county costs for the contracting period and describes the specific services which the USDA WS will provide during that one year period.   The cost for the program in FY 2016-2017 is $119,364. This program was reestablished in 1998 at the request of county residents needing assistance with serious wildlife management problems.  The USDA WS provides professional Wildlife Specialists to work with landowners and managers to legally and humanely deal with wildlife concerns.  The USDA WS provides personnel, equipment, vehicles, supplies, field supervisors, and administrative support and the County provides partial funding for the program. The IWDM is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3) because substantial evidence shows with certainty that there is no possibility that the IWDM might have a significant effect on the environment.  Specifically, the IWDM has been implemented continuously in the county for 18 years and there is no evidence that the Program has had an adverse effect on the environment.  Moreover, the IWDM is subject to environmental review under existing federal and state statutory schemes and, as such, there is no possibility that the IWDM might have a significant effect on the environment.  The IWDM is also exempt from CEQA pursuant to the Class 7 and Class 8 categorical exemptions because the program is enacted by a regulatory agency to protect livestock, crops, human health and safety and property from wildlife damage.  As one example, the IWDM provides assistance to reduce damage to the environment and to natural resources caused by muskrats.  Muskrats can and do cause significant conservation problems because they tunnel and bore into levees increasing the failure of those structures which protect low lying areas and maintain flows of water ways.  Categorical exemptions, such as those listed above, are subject to certain exceptions (CEQA Guidelines, §15300.2).  For example, a categorical exemption “shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.”  Death and harm to wildlife under the WDMP are not considered “unusual circumstances” because the wildlife subject to damage management control measures under the IWDM are not threatened or endangered species under state or federal law and therefore are not protected species for purposes of CEQA.  Impacts to non-threatened species such as coyotes and skunks would not be considered significant under CEQA and would not be subject to environmental review.  Further, as noted above, the IWDM has been in effect in the County for 18 years and 36 of 57 other counties in California have a similar program.  Staff has determined that no unusual circumstances exist and thus the categorical exemptions are not subject to any applicable exception.    

ALTERNATIVES

The County could determine the agreement is not subject to any or all of the CEQA exemptions or could choose not to sign the Agreement and Work/Financial Plan.  This program has provided wildlife management services to county residents economically since it is a cost share program with the federal government.  The USDA WS typically funds approximately 20% of the total program cost each year.

OTHER AGENCY INVOLVEMENT

The Cooperative Service Agreement and Work/Financial Plan have been approved as to form by County Counsel and approved by Risk Management.  The County Administrative Office has reviewed the recommendation.  The County’s Director of Resource Management, acting as the County’s Environmental Review Officer, has reviewed the agreement as it relates to CEQA.

FINANCING

The Cooperative Service Agreement provides the overarching program guidance and responsibilities for the term of the agreement.  Each year the County also renews the annual Work/Financial Plan.  This annual plan will provide the specific work and financial details for each year.  While the Cooperative Service Agreement states that the cooperators “…must agree to and sign the Annual Work and Financial Plans…” the County always has the option to terminate the agreement with 90 days written notice, as does the USDA. The direct cost to the County for Fiscal Year 2016-2017 is $119,364 for the services of Wildlife Management Specialists and it has been included in the FY 2016-2017 Adopted Budget.  The County’s cost for this program is offset by increased reimbursements to the County from unclaimed gas taxes each year.  The exact amount of the offset will vary each year, but approximately 35% of the Integrated Wildlife Damage Management Program costs are typically offset.  There is no additional General Fund impact associated with this recommendation.