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Greenbelt Alliance In the News

May 13, 2006

Conservation plan in jeopardy

OAKLEY: City may pull out of preservation plan if lawsuit halts annexation effort

The alliance has long backed the East Contra Costa County Habitat Conservation Plan, which uses developer fees and other funding sources to preserve open space. The plan's partners include the county, Contra Costa Water District, East Bay Regional Park District and the cities of Brentwood, Clayton, Pittsburg and Oakley.

At a recent meeting of the plan's association, Connelley told other committee members that Oakley may not participate in the plan if the annexation is halted by the lawsuit. He spoke as the city's representative for the association, but the council has not formally discussed the matter.

"If they would succeed in stopping the annexation, there would be no reason for Oakley to participate in the plan," Connelley said. "It (lawsuit) should be dismissed because they have no basis."

Connelley questioned the alliance's motivation in suing the city over the looming annexation of more than 2,500 acres along the East Cypress corridor, which will bring 4,300 new housing units. He added that the alliance is the only local agency that has any serious objections to the annexation of unincorporated land.

As a land conservation and urban planning nonprofit group, the alliance has called the city's annexation proposal inherently problematic because it said it fails to meet state environmental requirements and could impact the environment and public health and safety. The alliance's East Bay field representative, David Reid, said that the group is suing the city to make sure it addresses potential hazards such as flooding.

"It is their (city) decision to be part of the plan or not. There is no connection between the plan and the lawsuit except this threat," Reid said. "They need to be making the decision to be part of the plan based on its merits."

The city has been planning this annexation for 18 months, making plans for infrastructure, public utilities, services, parks and open space. This area is already within the city's sphere of influence.

The proposed project, which would take 10 to 15 years to build, includes annual enhancements to the existing levees as well as a system of new levees that will meet FEMA standards. The alliance's attorney, Perl Perlmutter of San Francisco's Shute, Mihaly & Weinberger, said the lawsuit could stop the project if the court orders the city to rescind its former approvals and set aside the environmental reports.

"Basically, they (city) are just playing politics with the plan instead of doing what is best for the city and the county," Reid said.

According to county planner John Kopchik, if Oakley withdraws participation in the plan, it may have to be re-drafted. Councilwoman Pat Anderson said the plan should utilize mitigation fees from Oakley developers and property owners locally.

"I have concerns about the plan and its implications for Oakley," she said.

City manager Bryan Montgomery said the habitat plan should come back to the council for final consideration in the coming months. He said the city is unlikely to pull out but that the proposed annexation would bring a huge amount of mitigation fees for the habitat preservation effort.

"We have no doubt that the record is sound," Montgomery said of the annexation plans.

Connelley said that the city has already dedicated hundreds of acres of open space and wetlands in the East Cypress area through the Dutch Slough restoration project and the annexation's provisions. He said the plan is likely to lose millions of dollars without Oakley's participation.

"We have got 2,500 acres along East Cypress. They would lose all of those fees if Oakley didn't participate," he said. "That is a big chunk of change."

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Paula King covers Oakley. Reach her at 925-779-7189 or pking@cctimes.com.

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