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Cecily T. Barclay

PHONE: 415.344.7117
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California Environmental, Energy, Resources & Land Use

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Experience

Land Use Permitting, CEQA Compliance and NEPA Compliance: INSTITUTIONAL PROJECTS

Santa Clara County
Obtained land use approvals for Stanford University’s redevelopment and expansion of its academic campus to allow construction of over 2 million additional square feet of academic facilities and over 3,000 additional housing units.  Key issues during the approval process included open space dedication requirements, traffic and water supply.  Prepared Santa Clara County’s first Sustainable Development Plan.  Continuing to assist Stanford with regard to individual projects on the academic campus, including projects involving historic resources, green building ordinances, wetlands, water supply, and biological resources.

Redwood City
Advising Stanford University on a precise plan/rezone and associated Environmental Impact Report for a 1.5 million square foot office, research and medical clinic development project in Redwood City. The project will redevelop and expand an existing research park located proximate to regional transit and urban population centers.

City of Palo Alto
Represent Stanford Hospital and Clinics, Lucile Packard Children’s Hospital and Stanford University School of Medicine with respect to general plan amendments, creation of a new zoning district, issuance of conditional use permits, negotiation of a development agreement and preparation and certification of an Environmental Impact Report for construction of 2.5 million square feet of hospital, clinic, medical office and research facilities, for a net addition of 1.3 million square feet.  Assisted with preparation of innovative trip reduction plans, state-of-the-art greenhouse gas analyses, health risk analyses, and historic resources evaluation.  Key topics for development agreement negotiations included fiscal impacts, affordable housing and sustainability.

City of Oakland
Represented the Port of Oakland in completing necessary studies and reports under the California Environmental Quality Act and National Environmental Policy Act, as well as securing state and federal permits, for expansion of its maritime, rail and airport facilities. Projects included dredging the Oakland shipping channels to 50 feet, constructing five new berths in the Port’s Inner Harbor, development of a joint intermodal truck and rail terminal, reuse and redevelopment of the Oakland Army Base, and expansion of Oakland International Airport to add new passenger terminal facilities and gates, cargo facilities, taxiway expansion, aprons and associated infrastructure.

City of Stockton
Represented the Port of Stockton in its California Environmental Quality Act and National Environmental Policy Act compliance, and in obtaining state and federal permits for reuse of former military base property as new shipping facilities and berths on the Port’s West Complex, including two new bridges, rail facilities, berth deepening, and business park and industrial uses. Key issues included evaluation of air quality impacts and associated health risks, noise, and truck traffic from shipping operations, and biological and water quality impacts from dredging.

Contra Costa County
Represent Contra Costa Water District (CCWD) in joint CEQA and NEPA compliance, and securing permits for expansion of its drinking water reservoir located near the San Francisco Bay Delta.  Negotiated a coordinated operations agreement with the Bureau of Reclamation to address water supply conflicts, and amendments to conservation easements held by the Department of Fish & Game on land surrounding the existing reservoir.  Key issues also included endangered species impacts to delta smelt from reservoir filling and operations.

MIXED USE PROJECTS

City and County of San Francisco
Represented the developer in negotiating and preparing land use entitlements needed for reuse and redevelopment of Candlestick Point and a former Navy Shipyard at Hunters Point, comprising one of the most significant waterfront projects in San Francisco history.

City of Alameda
Represent the Alameda Reuse and Redevelopment Authority in the land use processing needed for future transfer of the decommissioned Alameda Naval Air Station to private developers for development as a transit-oriented, mixed-use residential, commercial/retail and open space project.

Redwood City
Represent the City of Redwood City in its review, processing and consideration of an application to convert a 1,400-acre salt production facility into a combination of restored tidal marshes and open space and an 8,000 to 12,000 unit transit-oriented development.

City of Hercules
Represent the developer in connection with a mixed-use waterfront master community plan in Hercules, California, that will include 1,200 housing units, a historic downtown center and a multi-modal transit facility to include ferry, train and bus services.  Drafted and processed the local initiative that enacted the major legislative approvals needed for the project.

City of Oakland
Assisted a consortium of developers in obtaining all necessary land use entitlements and CEQA compliance for a 1,500 residential unit/mixed-use redevelopment project in Oakland, California.

ENERGY PROJECTS

Kern County
Represent the applicant for land use entitlements, including CEQA compliance, general plan amendments, rezoning, and cancellation of Williamson Act agricultural conservation contracts, for two photovoltaic solar projects of 650 MW and 60 MW. Project includes development on prime agricultural lands and associated cancellation of Williamson Act contracts based upon the public benefit of the project.

City of Stockton
Represented the Port of Stockton in its evaluation and approvals of individual projects at both its East and West complex, including new biofuel facilities, a new power plant, and other uses compatible with Port operations.

RETAIL AND COMMERCIAL PROJECTS

City of Walnut Creek
Represented a national real estate company and its investment partner in developing and implementing a long-term strategy to redevelop the Broadway Plaza shopping center in Walnut Creek, one of our client’s most successful retail centers in the country. Our representation included legal and strategic advice at the levels concerning the master redevelopment plan for this property, and initiatives and referenda related to the project.

City of Oakland
Assisted the Port of Oakland with CEQA review and land use approvals for a variety of commercial and industrial projects at Jack London Square and the Oakland Airport Business Park.

RESIDENTIAL PROJECTS

Contra Costa County
For almost two decades, we have represented the developer of about one-half of the Dougherty Valley project in obtaining and defending in court local and state approvals needed for development of a master planned community.

Contra Costa County
Represented the developer of a residential subdivision that was located on lands under Williamson Act Contract. We worked closely with the California Department of Conservation to process the first major contract cancellation under the easement exchange program, and helped establish a model for future projects.

City of Irvine
Represent developer of the former El Toro Marine Corps Air Station property in connection with school mitigation for project of approximately 5,000 units, including new high school and elementary schools and related property and facilities.

REGULATORY PROJECTS

Southern California
Represent the South Coast Air Quality Management District with respect to CEQA compliance in adopting a modified rule to account for shutdowns and reductions that may be used as offsets. Assisted the District in completing its environmental evaluation.

CEQA, NEPA & Land Use Litigation:

Committee for Green Foothills v. Santa Clara County Board of Supervisors, 48 Cal.4th 32 (2010)
Defended Stanford University in a challenge to an agreement between Stanford and Santa Clara County to provide two trails partially located on Stanford land. We prevailed at the California Supreme Court, obtaining a decision that established a bright line limitations period for bringing challenges under CEQA, regardless of the underlying claim at issue. The decision established important policy that will provide certainty to developers and public agencies implementing complex projects throughout California.

Citizens for Planning Responsibly v. County of San Luis Obispo, 176 Cal.App.4th 357(2009)
Obtained a victory in the California Court of Appeal for a private entity in its efforts to develop 131 acres near an airport for commercial, retail, business park and residential use in San Luis Obispo County. The measure amended the General Plan and Zoning to allow for development of this site without the need for any other planning or zoning approvals. The decision established the viability of use of project-specific initiative measures to provide land use entitlements necessary for construction.

Represented the Metropolitan Water District of Southern California in litigation contesting the District's adoption of a water supply allocation plan the District will implement in the event of a water shortage. After we prevailed on a motion to dismiss the CEQA claims, the case settled on favorable terms.

Represented the Port of Oakland in NEPA and Endangered Species Act in the successful defense of the U.S. Army Corps of Engineers' approvals of the Port's 50-foot Channel Deepening Project and the Berths 55-58 Marine Terminal Project.

Represented the University of California in the successful defense of the Environmental Impact Report and long range development plan for a new 25,000-student university campus in Merced, California.

Successfully defended the approvals for the largest planned development in the City of Sacramento against a wide variety of claims arising out of a range of environmental issues.

Sonoma County Water Coalition v. Sonoma County Water Agency, 189 Cal.App.4th 33 (2010)
Secured a precedent-setting appellate court decision upholding an urban water management plan adopted by a public water agency. This case provides much needed guidance to water suppliers and developers throughout California on how to prepare legally adequate plans addressing the availability of water supplies for development projects.

Represented property owners in San Luis Obispo County in a 1,500-party adjudication regarding status and use of groundwater in the Santa Maria Valley Groundwater Basin. Pursuant to a comprehensive stipulated judgment, we are representing a lead party in designing and implementing a management program for the Nipomo Mesa hydrologic sub area, as well as defending the stipulated judgment on appeal.

O.W.L. Foundation v. City of Rohnert Park, 168 Cal.App.4th 568 (2008).
Represented the developer of a multi-use project in successfully defending a water supply assessment that evaluated groundwater supplies in one of the first cases addressing the law that requires an assessment of water supplies for large development projects. The case established the precedent that a water supply assessment need not evaluate the supply and demand of an entire groundwater basin.