HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (21) DATE: May 16, 2001
TO: City Council
FROM: Director of Planning & Building
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF CATHEDRAL CITY,
COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM
DESERT, PALM SPRINGS,AND RANCHO MIRAGE;THE COUNTY OF RIVERSIDE,THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA
DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND
CENTER FOR NATURAL LANDS MANAGEMENT REGARDING MEASURES TO
MINIMIZEAND MITIGATETAKE OFTHE COACHELLAVALLEY FRINGE-TOED LIZARD.
RECOMMENDATION:
Staff recommends that the City Council adopt a Minute Order approving the attached
Memorandum of Understanding regarding measures to minimize and mitigate take of the
Coachella Valley Fringe-Toed Lizard.
SUMMARY: If approved,this Memorandum of Understanding(MOU)will reinstate the$600
per acre fee to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard
(CVFTL) and remove a portion of Riverside County unincorporated land from the CVFTL
Habitat Conservation Plan. This MOU is similar to the interim MOU adopted on September
20, 2000.
BACKGROUND:
The attached MOU identifies the agreed upon measures to minimize and mitigate take of
the CVFTL. This MOU was developed with CVAG jurisdictions and representatives from
the California Department of Fish and Game(CDFG)and the U.S. Fish and Wildlife Service
(FWS). It was approved at the CVAG Executive Committee meeting of March 26, 2001.
The CVFTL mitigation fee is established for the purpose of conserving lands in the CVFTL
Habitat Conservation Plan, and to ensure such activities comply with both the Federal
Endangered Species Act and the California Endangered Species Act. The current fee is
$600 per acre. The fee boundary within all jurisdictions except certain portions of Riverside
County will remain the same as it is today.
On September 20, 2000, the City Council approved an interim MOU which was never
finalized with FWS and CDFG. The purpose of this amendment was to increase mitigation
fees from $100 per acre to $600 per acre (the original fee). Additionally, the sand source
area north and west of Thousand Palms was to have additional mitigation to protect sand
source areas from development. This issue was not fully resolved.
The current draft MOU includes the following new provisions:
1. Remove the Thousand Palms sand source area from the MOU.
2. An allowance to loan CVFTL mitigation fees for immediate land acquisitions
in the sand source areas. Jurisdictions can be reimbursed for any advance
acquisitions made.
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3. Developers may, at their discretion, participate in an FWS and CDFG-
approved land acquisition/mitigation bank.
The attached CVAG memorandum provides additional background for the proposed MOU.
In summary, the MOU is consistent with existing and past practices in the City of Palm
Springs,and the key modifications affect unincorporated lands in the sand source area north
and west of Thousand Palms.
Director oiPlanning and Building
City Manager /✓
ATTACHMENTS: L
1. CVAG Memo dated April 10, 2001
2. CDFG Memo dated May 04, 2001
3. Memorandum of Understanding
4. Minute Order
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
RECEIVED
APR 1 6 2001
TO: CVAG MEMBER KRISDICTIONS PLANNING DIVISION
FROM: JIM SULLIVAN, DIRECTOR OF ENVIRONMENTAL RESOURCES
DATE: APRIL 10,2001
RE: PROPOSED REVISIONS TO MEMORANDUM OF UNDERSTANDING
CONCERNING THE COACHELLA VALLEY FRINGE-TOED LIZARD
HABITAT CONSERVATION PLAN (HCP)
The enclosed MOU was passed by the CVAG Executive Committee on March 26, 2001. CVAG
requests that its member jurisdictions adopt the proposed revisions of the MOU. This MOU is
essentially the same with respect to land outside County of Riverside jurisdiction as the
MOU passed by your jurisdiction last summer. Once your Council has adopted the MOU,
please have the three (3) originals signed and sent back to CVAG for execution.
>The land to be removed from the Coachella Valley Fringe-toed Lizard HCP is all within the
jurisdiction of the County of Riverside.
*The MOU will authorize the Cities to be reimbursed using Fringe-toed lizard mitigation fees if
the local share contemplated by the MOU is loaned to allow for immediate acquisition of property
within the sand source areas.
)I-The MOU would allow developers, at their option, to acquire credits from a U.S. Fish and
Wildlife Service and California Department of Fish and Game approved mitigation bank in lieu of
payment of the $600 per acre mitigation fee. This option would be strictly voluntary on the part
of developers and is only meant to allow the use of mitigation banks in the future.
Summary of proposed revisions from the County Counsel, County of Riverside:
I. _ The County and the Cities through CVAG will propose an amendment to the
Implementing Agreement and HCP to remove the County identified sand source areas
(Thousand Palms and Willow Hole)from coverage under the HCP. Existing right-of-way
for Palm Drive and any associated easements shall not be included in the sand source areas
to be removed.
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The County will agree to refer all applicants for construction permits (grading and building
permits for new primary structures) to the Resource Agencies in order to obtain take
authorization. Written authorization to take the Coachella Valley Fringe-toed Lizard
(FTL)will be required from the applicant prior to issuance of the construction permit.
Prior to the initiation by CVAG of an amendment to the Implementing Agreement and
HCP, the Resource Agencies shall provide a detailed analysis of why take authorization
would be required in the identified sand source areas whether or not the property contains
habitat occupied by the FTL.
II. The County and the Cities through CVAG will initiate an amendment to the Implementing
Agreement and HCP which would authorize the Cities to be reimbursed using FTL
mitigation fees if the local share contemplated by the MOU is loaned to allow for
immediate acquisition of property within the sand source areas.
III. The County will amend Ordinance No. 457 (County's ordinance relating to building
requirements)to require the issuance of a grading permit in order to conduct agricultural
activities in the identified sand source areas.
IV. The County and the Cities shall encourage developers (at their option)to acquire credits
from USFWS and CDFG approved mitigation banks within the sand source areas in lieu of
payment of the $600 per acre mitigation fee. Any credit against payment of the mitigation
fee shall not exceed the total amount of fees otherwise required to be paid.
CECILIA/MOU/REVMOU
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STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
DEPARTMENT OF FISHAND GAME
Eastern Sierra&Inland DesertsRegion
407 West Line Street ~
Bishop,California93514 - �4iK�a✓iT/�i�/$.�i
(760)872-1171
May 4, 2001
Ms. Corky Larson
Coachella Valley Assn. of Governments
73-710 Fred Waring Drive, Suite 200
Palm Desert, California 92260
Dear Ms. Larson:
In a letter dated October 12, 2000, the Department of Fish and Game (Department)
informed you that the anticipated execution and implementation of a Memorandum of
Understanding(MOU)between the Coachella Valley Association of Governments (CVAG),
County of Riverside, municipal governments, the U.S. Fish and Wildlife Service and the
Department would likely allow the Department to issue a consistency determination pursuant to
section 2080.1 of the Fish and Game Code and that this determination would, in turn, obviate the
need to obtain individual take permits for Coachella Valley fringe-toed lizard. Based on the
expectation that the MOU was going to be implemented within a few weeks, the Department at
that time withdrew several letters which stated that particular projects needed to obtain California
Endangered Species Act (CESA) incidental take permits. However,the October 12 letter also
stated that:
A CESA incidental take permit should still be obtained for any project that could
result in take of CVFTL prior to the time the relevant local jurisdiction has
executed the MOU and the Department issues a determination pursuant to section
2080.1.
As you know, the MOU has not been finalized due to changes requested by the County of
Riverside. As a result,the Department has not issued a consistency determination pursuant to
section 2080.1, and it is still necessary for projects that could result in take of CVFTLs to obtain
incidental take authorization. This follow-up letter is being sent because it has come to the
Department's attention that projects are proceeding in CVFTL habitat without the benefit of an
incidental take permit. If surveys have been conducted, according to approved methodology, and
9O 4SM,
Ms. Corky Larson
May 4, 2001
Page 2
no lizards found, then the survey results should be forwarded to the Department's regional office.
If CVFTLs were found then an incidental take permit is still needed, until such time as we issue a
consistency determination.
The Department is confident that the amended MOU will be finalized and a consistency
determination issued in a timely manner. The Department appreciates your continued
cooperation in resolving this issue. If you have any questions, please feel free to contact Mr
Glenn Black at (909) 597-5043.
Sincerely,
Alan Pickard
Deputy Regional Manager
cc: Mr. Curt Taucher
Mr. Glenn Black
Ms. Kimberly Nicol
Mr. Steve Adams
Mr. Luis Lopez, City of Indio, P.O. Drawer 1788, Indio CA 92201
Ms. Christine Dilorio, City of La Quinta, 78-495 Calle Tampico,La Quinta, CA 92253
Mr. Larry Grafton, City of Indian Wells, 44-950 Eldorado Dr., Indian Wells, CA 92210
Mr.Phil Drell, City of Palm Desert, 73-510 Fred Waring Dr.,Palm Desert, CA 92260
Mr. Robert Brockman, City of Rancho Mirage, 69825 Hwy. 111,Rancho Mirage, CA
92270
Ms. Cynthia Kinser, City of Cathedral City, 68700 Avenida Lalo Guerrero, Cathedral
City, CA 92234
Mr. Doug Evans, City of Palms Springs, 3200 E. Tahquitz Canyon Way,Palm Springs,
CA 92262
Mr. Paul F. Clark, County of Riverside, 82-675 Highway 111, Room 209, Indio, CA
92201
add �
March 21, 2001
MEMORANDUM OF UNDERSTANDING
Between
THE CITIES OF CATHEDRAL CITY, COACHELLA,
DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA,
PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE;
THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF
FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND
CENTER FOR NATURAL LANDS MANAGEMENT
Regarding
MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED LIZARD
1. PURPOSE:
The Cities of Cathedral City, Coachella, Desert Hot Springs,Indian Wells, Indio, La Quinta,Palm
Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California
("Cities");the County of Riverside,a political subdivision of the State of California("County");the
Coachella Valley Association of Governments ("CVAG"); the California Department of Fish and
Game ("CDFG"), a subdivision of the California Resources Agency; the U. S. Fish and Wildlife
Service("FWS");and Center for Natural Lands Management("CNLM"),collectively referred to as
"the Parties",enter into this Memorandum of Understanding("MOU")for the purpose of conserving
the sand corridors to maintain the integrity for two of the three reserves established in the Coachella
Valley Fringe-Toed Lizard ("CVFTL") Habitat Conservation Plan (HCP), and to ensure such
activities comply with both the federal Endangered Species Act, 16 U.S.C.§1531 et seq.,as amended
("ESA"), and the California Endangered Species Act, Fish and Game Code §2050 et seq., as
amended("CESA").
11. AUTHORITY:
CDFG enters this MOU under authority of CESA and Fish and Game Code §1802 and §2081.
FWS enters this MOU under authority of the Endangered Species Act. 16 U.S.C. 1531,et seq.,and
the Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c,and Fish and Wildlife Act of 1956, 16
U.S.C. 742(f) et seq.
III. RECITALS:
A. WHEREAS,the Cities,County,CVAG,CDFG,FWS and The Nature Conservancy
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(TNC) cooperated in the preparation of the Coachella Valley Fringe-Toed Lizard
Habitat Conservation Plan("HCP"),which was implemented through an agreement
signed by the Cities,County,FWS,and TNC on April 21, 1986("HCP Agreement");
B. WHEREAS, the HCP and HCP Agreement provided for the acquisition and
protection of important habitat lands for CVFTL, and provided that acquisition be
funded primarily through a mitigation fee, initially set at $600 an acre and later
dropping to $100 an acre, to be collected from landowners who obtain grading or
building permits from the Cities or County;
C. WHEREAS,the FWS issued an ESA section 10(a)incidental take permit("Permit")
to the Cities and County to authorize take of CVFTL resulting from land
development and other activities covered by the HCP;
D. WHEREAS, CDFG did not sign the HCP or authorize incidental take of CVFTL
associated with the HCP because a permitting process had not been established under
CESA at the time the HCP was developed, but CDFG nonetheless participated in
implementation of the HCP;
E. WHEREAS, CDFG and FWS have previously issued letters in regard to certain
projects expressing concern relative to Fringe-toed Lizard habitat issues concurrent
with the execution of the Memorandum of Understanding,DFG shall provide letters
to CVAG jurisdictions that no additional permits are required for take of FTL.;
F. WHEREAS the HCP and the Implementing Agreement were amended whereby
CNLM assumed the obligations of management from TNC;
G. WHEREAS the HCP and the Implementing Agreement were amended on September
1, 1998,to permit the use of mitigation fees and other available funds to acquire high
priority sand source and corridor lands within the blowsand ecosystem outside the
boundaries of the Coachella Valley Preserve and the Willow Hole/Edom Hill
Reserve necessary to maintain suitable habitat for the Coachella Valley Fringe-toed
lizard;
H. WHEREAS the Parties have concluded that the HCP may not protect the supply of
sand through sand source and transport areas that are essential to maintain habitat for
the CVFTL on two of the three preserves established by the HCP, and may not
provide sufficient funding for acquisitions to protect these sand source and transport
areas;
I. WHEREAS the Cities, County and CVAG have been working with the FWS and
CDFG to develop anew Multiple Species Habitat Conservation Plan("MSHCP")for
the Coachella Valley pursuant to ESA, CESA, and the Natural Community
Conservation Planning Act, Fish and Game 32800 et seq. ("NCCP");
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J. WHEREAS the Parties agree that the CVFTL can best be protected by inclusion of
the species in the MSHCP, but desire that certain measures be implemented on an
interim basis through this MOU to protect the CVFTL until the MSHCP is in place;
and
K. WHEREAS the Parties intend this MOU to supplement and not supersede or amend
the HCP and HCP Agreement.
IV. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING:
A. MUTUAL OBLIGATIONS OF ALL THE PARTIES:
1. The Parties agree that during the term of this MOU,the greatest priority for
land acquisition shall be acquisition of parcels in Section 8, Township 4S,
Range 6E; land along Ramon Road and land along Palm Drive that falls
within the sand source and transport areas identified in the Coachella Valley
Mountains Conservancy Memo dated June 29, 2000 (Exhibit A). Funds
previously collected under the HCP or provided pursuant to the terms of this
MOU may be used to purchase lands within these sand source and transport
areas; land acquisitions in sand source and transport areas shall otherwise be
made using the process described in the HCP and HCP Agreement.
2. The Cities, County, CVAG, FWS and CDFG shall diligently work to
complete an MSHCP that provides for conservation of the CVFTL and other
species. To that end,the Cities,County,CVAG,FWS and CDFG commit to
present to their respective decision bodies the proposed MSHCP in a form
sufficient for adoption by September 1, 2002. CVAG, CDFG and FWS
management shall meet every three months to assess the progress of MSHCP
planning and address problems as they arise.
B. OBLIGATIONS OF THE CITIES, COUNTY AND CVAG:
1. During the term of this MOU,the Cities and County shall contribute a total
of$2 million for land acquisitions within sand source and transport areas,as
prioritized in Section IV.A.1 of this MOU. The$2 million may include any
mitigation fees that the Cities and County generate during this period
pursuant to the terms of the HCP.The CVAG j urisdiction signatories agree to
reinstate the $600 per disturbed acre mitigation fee. It is agreed that to the
extent the mitigation fees are insufficient to satisfy the $2 million
contribution,the Cities and County may make up any shortfall through grants
or donations they have received for this purpose, but in no event shall the
Cities or County be required to fund any portion of the contribution from
their general funds. It is agreed that to the extent the mitigation fees are
insufficient to satisfy the$2 million local contribution within the time period
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of this MOU, that the shortfall shall be remedied through loans or other
sources. If money is borrowed for the shortfall, the mitigation fee will
continue to be collected until such time as the loans are made whole. It is
further specifically understood that under no circumstances does this MOU
obligate the General fund of any signatory jurisdiction.
The Cities and the County through CVAG shall initiate an amendment to the
HCP and Implementing Agreement which would authorize the Cities to be
reimbursed using mitigation fees if any portion of the local contribution is
loaned to allow for immediate acquisition of property within the sand source
and transport areas.
The Cities and the County shall encourage developers and property owners
(at their option)to acquire credits from FWS and CDFG approved mitigation
banks within the sand source and transport-areas in lieu of payment of the
$500 per acre mitigation fee. Any credit against payment of the mitigation
fee shall not exceed the total amount of fees otherwise required to be paid.
2. The County and the Cities through CVAG shall propose an amendment to the
HCP and Implementing Agreement to remove the County identified sand
source areas (Thousand Palms and Willow Hole) from coverage under the
HCP. Existing right-of-way for Palm Drive and any associated easements
shall not be included in the sand source areas to be removed.
Upon the effective date of this amendment to the HCP and Implementing
Agreement, the County shall refer all applicants for construction permits
(grading and building permits for newprimary structures)to FWS and CDFG
in order to obtain take authorization. Written authorization to take the
CVFTL shall be required from the applicant prior to issuance of the
construction permit.
3. The County and CVAG, together with Caltrans and Federal Highways
Administration,shall mitigate all direct and indirect impacts on CVFTL from
widening of Palm Drive through the acquisition program described in this
MOU,except that acquisitions for direct impacts ofthe widening project may
not be funded with money provided by CDFG or FWS or FTL mitigation
fees from any other state or federal funds.
4. The County shall subject the Palm Drive interchange project to the normal
environmental review process.
5. The County shall initiate an amendment to Ordinance No.457 to require the
issuance of a grading permit in order to conduct agricultural activities in the
County identified sand source areas.
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C. OBLIGATIONS OF FWS:
1, During the term of this MOU, FWS shall contribute $1 million for land
acquisitions within sand source and transport areas and within the CVFTL
preserves,as prioritized in Section IV.A.1.of this MOU,provided such funds
are appropriated.
2. FWS agrees it will not suspend or revoke the Permit during the term of the
MOU so long as the Parties comply with terms of the Permit, HCP,
Implementing Agreement and this MOU. All other terms of the permit,HCP
and Implementing Agreements shall remain in effect.
3. Prior to the initiation by CVAG of an amendment to the HCP and
Implementing Agreement, FWS in conjunction with CDFG shall provide a
detailed analysis of why take authorization would be required in the County
identified sand source areas whether or not the property contains habitat
occupied by the CVFTL.
D. OBLIGATIONS OF CDFG:
1. During the term of this MOU, CDFG shall contribute S1 million for land
acquisitions within sand source and transport areas and within the CVFTL
preserves,as prioritized in Section IV.A.1 of this MOU,provided such funds
are appropriated.
2. Within one week of execution of this MOU, CDFG will make a
determination pursuant to Section 2080.1 of the Fish and Game Code as to
whether the FWS Permit for the CVFTL in combination with the mitigation
provided in this MOU is consistent with CESA. The determination may be
conditioned on compliance by the Parties with the terms of this MOU.
3. Prior to the initiation by CVAG of an amendment to the HCP and
Implementing Agreement, CDFG in conjunction with FWS shall provide a
detailed analysis of why take authorization would be required in the County
indentifred sand source areas whether or not the property contains habitat
occupied by the CVFTL.
E. OBLIGATIONS OF CNLM:
1. It is anticipated that CNLM shall hold funds provided under this MOU and
use those funds to acquire land in the sand source and transport areas, as
described in Section IV.A.1 of this MOU.
V. TERM OF THE MOU
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This MOU shall take effect on the date last signed and shall expire on September 1, 2002 or upon
issuance by FWS and CDFG of take authorizations for the MSHCP, whichever first occurs.
VI. CONDITIONS PRECEDENT
The following actions are conditions precedent to this MOU and to performance by the Parties of
other obligations under this MOU:
A. DFG's execution of a determination pursuant to Section 2080.1 of the Fish and Game
Code finding that the Permit in combination with the mitigation provided in this
MOU is consistent with CESA, and
VII. AMENDMENT
This MOU may be amended with the written consent of each of the Parties to the MOU,except that
the development standards in Exhibit B may be changed during the County's adoption of land use
ordinances pursuant to Section IV.B.2 of this MOU provided the FWS and CDFG both provide their
written consent to those changes.
VIII. THE HCP AND HCP AGREEMENT
The Parties intend this MOU to supplement provisions in the HCP and HCP Agreement, as
amended,and this MOU does not amend or supersede provisions in the HCP and HCP Agreement.
The Parties who signed the HCP Agreement specifically affirm that the HCP and HCP Agreement,
as amended, shall remain in full force and effect.
IX. ELECTED OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress shall be entitled to any share or part of this MOU, or to any
benefit that may arise from it.
X. AVAILABILITY OF FUNDS
Implementation of this MOU by FWS is subject to the requirements of the Antideficiency Act and
the availability of appropriated funds. Nothing in this MOU will be construed by the Parties to
require the obligation, appropriation, or expenditure of any money from the U. S. Treasury. The
parties acknowledge that FWS will not be required under this MOU to expend any appropriated
funds unless and until an authorized official of the FWS affirmatively acts to commit to such
expenditures as evidenced in writing. Implementation of this MOU by CDFG is subject to the
availability of appropriated funds and a commitment by an authorized CDFG official to expenditure
of such appropriated funds.
XI. DUPLICATE ORIGINALS
This MOU may be executed in any number of duplicate originals. A complete original of this MOU
shall be maintained in the official records of each of the Parties.
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XII. THIRD PARTY BENEFICIARIES
Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16
U.S.C. section.1540(g) and under California law,this MOU shall not create any right or interest in
the public, or any member thereof, as a third party beneficiary hereof,nor shall it authorize anyone
not a parry to this MOU to maintain a suit for personal injuries or property damages pursuant to the
provisions of this MOU. The duties,obligations and responsibilities of the Parties to this MOU with
respect to third Parties shall remain as imposed under existing Federal or California law.
XIII. RELATIONSHIP TO ESA, CESA AND OTHER AUTHORITIES
The terms of this MOU shall be governed by and construed in accordance with ESA, CESA, and
other applicable laws. In particular,nothing in this MOU is intended to limit the authority of FWS -
to seek penalties or otherwise fulfill its responsibilities under ESA,orto limit the authority of CDFG
to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is
intended to limit or diminish the legal obligations and responsibilities of FWS as an agency of the
Federal government or of CDFG as an agency of the State of California.
XIV. EXHIBITS
The following exhibits are incorporated into this MOU as though set forth in full.
Exhibit A Coachella Valley Mountains Conservancy Memo, June 29, 2000
Exhibit B County Identified Sand Source Areas
XV. CONCURRENCE
The Parties agree to the terms of this MOU and will each work diligently to ensure its successful
implementation, as evidenced by signatures of their respective authorized representatives below.
DATED: CITY OF CATHEDRAL CITY
ATTEST:
By
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DATED: CITY OF COACHELLA
ATTEST:
By
DATED: CITY OF DESERT HOT SPRINGS
ATTEST:
By
DATED: CITY OF INDIAN WELLS
ATTEST:
By
DATED: CITY OF INDIO
ATTEST:
By
DATED: CITY OF LA QUINTA
ATTEST:
By
DATED: CITY OF PALM DESERT
ATTEST:
By
Paae R �aA /�
DATED: CITY OF PALM SPRINGS
ATTEST:
By
DATED: CITY OF RANCHO MIRAGE
ATTEST:
By
DATED: COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
ATTEST:
By
DATED: COUNTY OF RIVERSIDE
ATTEST:
By
DATED: CALIFORNIA .DEPARTMENT OF FISH AND
GAME
ATTEST:
By
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DATED: U. S. FISH AND WILDLIFE SERVICE
ATTEST:
By
DATED: CENTER FOR NATURAL LANDS
MANAGEMENT
ATTEST:
By
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EXHIBIT A
Acquisition Priorities
Coachella Valley Preserve (Thousand Palms)
The areas of biggest concern are Section 8 and Ramon Road.
Section 8 has been previously subdivided into lots ranging in size from approximately 2.5 acres to
10 acres. A number of Single Family Residences (SFRs)have been constructed in Section 8 along
Via Las Palmas and Vista Del Sol over the years. It is typical for the homeowner to construct a
fence or windbreak designed to stop the movement of sand onto the property. The wildlife
agencies are concerned that a continuation of this pattern of development, especially along Via
Las Palmas could disrupt the sand transport process and impact the long-term viability of the
CVFTL Preserve. In the last two years, two to three permits have been issued or applied for in
this area for SFRs.
Ramon Road is the only through road in the sand source/transport area and is a significant
connector between I-10 and Washington Street and Thousand Palms Road/Dillon Road. The
portion of Ramon Road west of the sand source/transport area is already developed. A
continuation of that pattern along Ramon Road in the sand source/transport area would disrupt
the sand transport process and threaten the long-term viability of the CVFTL Preserve. The
current zoning is predominantly Multiple Family Residential, with Commercial at the intersection
of Ramon Road and the potential extension of Chase School Road. There has been no recent
development activity along Ramon Road, and the short-term threat is probably not significant.
The development economy in the valley has, however, heated up in the last year, and a number of
parcels along Ramon Road are for sale. This raises concerns that development pressures and land
values may rise significantly in the near future, making it important to pursue acquisitions now.
In Section 8, there are 120 vacant parcels in the sand source/transport area(i.e., north of the
powerline corridor), ranging in size from 0.03 acres to 19.42 acres. Of these 120 vacant parcels,
28 are smaller than 2.0 acres in size; 45 are between 2.0 and 3.99 acres in size; 41 are between 4.0
and 5.99 in size; and 6 are greater than 9.0 acres in size. The attached map shows these
properties.Based on input from USFWS and CDFG, 11 parcels in Section 8 were included in the
first appraisal. That appraisal, after a lengthy review process by the Wildlife Conservation Board
(WCB) and the Department of General Services (DGS), is now being updated to reflect recent
comparable sales in the area. The update will be completed in August, and will then undergo
review by WCB and DGS. After that review is completed,WCB can make offers to the
landowners to purchase at the appraised value. Based on input from USFWS and CDFG, 50
parcels in Section 8 are slated to be appraised in the second appraisal, due to be completed in
August.Before this appraisal is begun, WCB is sending a letter to all the landowners to determine
who wants to have their property appraised. Those who don't won't be included in the appraisal.
This appraisal will also need to be reviewed by WCB and DGS. In all likelihood, then, WCB will
not be able to send out offer to purchase letters until September. The other entities with
acquisition funds, the Coachella Valley Mountains Conservancy, Center for Natural Lands
Management, and Friends of the Desert Mountains,will utilize the same appraisals and must also
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wait until they have been updated before making offers to purchase. All of these entities and WCB
will coordinate closely on which entity buys which parcels.
Note: it is assumed that the 61 parcels in Section 8 that USFWS and CDFG have previously
indicated are their priorities for inclusion in the appraisals represent the agencies'priorities for
acquisition.
Along Ramon Road, there are 27 parcels that are a priority to acquire in the sand source/transport
area. In many instances, parcels along Ramon Road are part of larger holdings by the same owner.
It may often be necessary to purchase more than just the parcels along Ramon Road held by a
given owner. The parcels along Ramon Road range in size from 10 acres to 53.16 acres.
Table 1 identifies the 58 parcels in Section 8 and all the parcels with frontage along Ramon Road.
Where the same owner has other parcels, these are shown separately.
Willow Hole Preserve
The priority area is Palm Drive. If development is going to occur in this area, it will start along
Pahn Drive because of access and frontage on a significant road. To control Pahn Drive between
Varner Road and approximately 19'Avenue is to control development in the area. For the
proposed HCP amendment period, the eight parcels along Palm Drive in this area are the priority
for acquisition. Table 2 identifies these parcels.
The issue in this area is the lack of a funding source at present. The 1998 Amendment to the
CVFTL HCP permits "the use of mitigation fees and other available funds to acquire high priority
sand source and corridor lands within the blowsand ecosystem outside the boundaries of the
Coachella Valley Preserve and Willow Hole/Edom Hill Reserve necessary to maintain suitable
habitat for the FTL." It is, therefore, recommended that, pursuant to Section II.B. of the
Amendment, the Service and the County provide written approval for the use of mitigation fee
funds to acquire lands along Palm Drive. To optimize the use of funds at this time, consideration
should be given to pursuing options to purchase these parcels to allow more time to find funds for
acquisition. It is also recommended that any acquisition efforts be coordinated with a potential
BLM land exchange that could also lead to the acquisition of parcels along Palm Drive.
Summary of Acquisition Priorities
As delineated in Tables 1 and 2, the total of acquisition priorities and estimated cost is:
$1,479,950 for 275.76 acres in Section 8
$2,261,000 for 361.21 acres along Ramon Road
1 538 050 for 341.78 acres along Palm Drive
$5,279,000 for 978.75 acres
Note that funds currently available (see below) are sufficient to acquire all this land.
The following is additional acreage that might need to be purchased in the short term because,
i
ROAN
while the parcels are not on Ramon Road are not high priorities in and of themselves, they are
owned by the owners of land on Ramon Road and might need to be bought in package deals with
those owners. It might, however, be possible to purchase these parcels in subsequent phases
rather than during the term of the proposed amendment to the HCP.
$3,671,900 for 866.23 acres
This, in conjunction with the priority acquisitions defined above, would exceed the currently
available funds by $2,725,900. Given the list of additional potential funding sources, it is not
inconceivable that these additional funds could be obtained within the next year.
Current Funds Available for Acquisition
$1.5 million Section 6 Cooperative Endangered Species Act
$0.375 million WCB matching fund for above
$1.5 million Additional WCB matching funds
$2.0 million CVFTL mitigation fees
$0.5 million TEA grant to CVMC
$0.25 million CVMC grant to CNLM
$0.1 million NFWF grant to FODM
$6.225 million
Additional Potential Funding Sources
CVFTL mitigation fees(at$600/acre)
Proposition 12
Proposition 13
WCB,non-Proposition 12 funds
Additional TEA grant(pending)
Tax Credit Program
BLM land exchanges
CV WD-Whitewater Flood Control Project Mitigation
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the Riverside County Geographic Information System.
and Land Management Agency which is comprised of the Administration
and
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The map elements were produced by the Assessor and the Transportation
P5.::'ftN Information Resources divisions and the Building&Safety,Planning and A //,'V,Transportation departments.The County of R erside assu no warranty
or logo]responsibility for the information contained on this map. Data N TP Sand Source
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and information represented on this map is subject to update and FrL Reserves
MUNI! modification.The Geographic Information System and other sources should
be queried for the most current information.This map is not to be
recopied or resold.
MINUTE ORDER NO. 6853
RESCINDING AGREEMENT NO. 4284A
AND ADOPTING A MEMORANDUM OF
UNDERSTANDING DATED MARCH 21,
2001, BETWEEN THE CITIES OF
CATHEDRAL CITY, COACHELLA,
DESERT HOT SPRINGS, INDIAN
WELLS, INDIO, LA QUINTA, PALM
DESERT, PALM SPRINGS, AND
RANCHO MIRAGE; THE COUNTY OF
RIVERSIDE, THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS;
THE CALIFORNIA DEPARTMENT OF
FISH AND GAME; THE U.S. FISH AND
WILDLIFE SERVICE; AND CENTER
FRO NATURAL LANDS MANAGEMENT
REGARDING MEASURES TO MINIMIZE
AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED
LIZARD.
------------------
I HEREBY CERTIFY that this Minute Order, rescinding Agreement No. 4284A
and adopting a Memorandum of Understanding dated March 21, 2001, between
the Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio,
La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; the County of
Riverside; The Coachella Valley Association of Governments; the California
Department of Fish and Game; the U.S. Fish and Wildlife Service; and Center for
Natural Lands Management regarding measures to minimize and mitigate take of
the Coachella Valley Fringe-Toed Lizard, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 16th day of
May, 2001.
PATRICIA A. SANDERS
City Clerk