HomeMy WebLinkAbout7/2/2014 - STAFF REPORTS - 1.B. PALM SA
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C441FOR CITY COUNCIL STAFF REPORT
DATE: July 2, 2014 PUBLIC HEARING
SUBJECT: THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN ("CVMSHCP") FOR CONSIDERATION OF A
MAJOR AMENDMENT TO THE CVMSHCP PLAN BY THE COACHELLA
VALLEY CONSERVATION COMMISSION TO ADD THE CITY OF
DESERT HOT SPRINGS AND MISSION SPRINGS WATER DISTRICT
AS PERMITTEES OF THE PLAN
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a proposed Major Amendment to the Coachella Valley
Multiple Species Habitat Conservation Plan (MSHCP or Plan). The Major Amendment is
by the Coachella Valley Conservation Commission to add the City of Desert Hot Springs
and the Mission Springs Water District as Permittees of the Plan. As a Permittee under
the Plan, the City of Palm Springs is required to act on the proposed Major Amendment
to the Plan before any amendment can become effective.
RECOMMENDATION:
1. Open the public hearing and receive public testimony;
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
PALM SPRINGS MAKING RESPONSIBLE AGENCY FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN / NATURAL COMMUNITY
CONSERVATION PLAN, AS REVISED BY THE MAJOR AMENDMENT;
APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN / NATURAL COMMUNITY
CONSERVATION PLAN, AS REVISED BY THE MAJOR AMENDMENT;
APPROVING THE IMPLEMENTING AGREEMENT; AND ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT"
ITEM NO.
City Council Staff Report
July 2,2014--Page 2 of 5
Major Amendment to CVMSHCP
3. Adopt Resolution No. . "MAKING RESPONSIBLE AGENCY FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN
(CVMSHCP), ESTABLISHING THE CVMHSCP IMPLEMENTATION
POLICY WHICH CONTAINS THE PROCEDURES AND REQUIREMENTS
FOR IMPLEMENTATION OF THE CVMSHCP, WHICH ALSO INCLUDES
THE COUNCIL'S APPROVAL OF THE CVMSHCP AS REVISED BY THE
MAJOR AMENDMENT AND AUTHORIZES THE MAYOR TO EXECUTE
THE REVISED IMPLEMENTING AGREEMENT (IA), AND DIRECTS THAT
A NOTICE OF DETERMINATION BE FILED"
PRIOR ACTIONS:
Dates: Actions:
03.13.14 Proposed Major Amendment approved by CVCC
04.15.14 Major Amendment approved by City of Desert Hot Springs City Council
04.21.14 Major Amendment approved by Mission Springs Water District Board
05/06.14 Considerations by Cities, County and other Permittees began
DISCUSSION:
The proposal is a Major Amendment to the Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP) to include Desert Hot Springs and Mission Springs
Water District (MSWD) into the Plan. The proposed Project is a Major Amendment to
the approved CVMSHCP to include the City of Desert Hot Springs and MSWD as
Permittees of the Plan. The proposed action by the state and federal wildlife agencies is
the issuance of Take Authorization associated with the Major Amendment for Covered
Activities that are not currently included under the existing federal Section 10(a) Permit
and state Natural Community Conservation Plan (NCCP) Permit (Permits). The Major
Amendment will provide for covered projects requested by Desert Hot Springs and
MSWD. This Major Amendment will restore the boundaries from the 2006 Final
CVMSHCP for the Upper Mission Creek/Big Morongo Canyon Conservation Area that
would be amended to include all of the private lands within the city limits of Desert Hot
Springs. The private lands to be included total approximately 770 acres that were
removed from this Conservation Area when Desert Hot Springs chose not to participate
in 2006. A map showing the area of the Major Amendment is attached for your
information.
The Notice of Availability for public review and comment on the Supplemental
Environmental Impact Report/Environmental Impact Statement (SEIR/SEIS), which
describes the environmental impacts associated with the inclusion of Desert Hot
Springs and MSWD as Permittees to the CVMSHCP, was released on September 6,
2013. This public notice was circulated to the Permittees, local media, public agencies
and stakeholder groups. Also on September 6, a notice appeared in the Federal
Register describing the availability of the Supplemental EIR/EIS. Also in September
2013, CVCC sent a letter to each property owner of record ("Property Owner Letter")
2
City Council Staff Report
July 2,2014--Page 3 of 5
Major Amendment to CVMSHCP
within the Conservation Areas of the Major Amendment area letting them know that the
Major Amendment to the CVMSHCP, Implementing Agreement ("IA"), and
Supplemental EIR/EIS were available for review. The release of these documents
commenced a 45-day public review period from September 6, 2013 through October 21,
2013. A total of seven individual comment letters were received.
The Final Supplemental EIR includes responses to all written comments received from
agencies, private organizations, and the public during the public comment period was
released on March 1, 2014. CVCC staff worked closely with Desert Hot Springs staff
and Mission Springs Water District staff to prepare and review the responses to
comments. In addition, changes to the Final CVMSHCP, Final Implementing
Agreement, and Final Supplemental EIR/Supplemental EIS have been made as
appropriate in response to the comments received. This fulfills the intent of CEQA and
NEPA to provide decision makers and the public a full analysis of the potential impacts
of the Major Amendment to the CVMSHCP and to provide the public with an opportunity
to provide additional information to decision-makers regarding the potential effects of
the Major Amendment.
At their March 13, 2014 meeting, the Coachella Valley Conservation Commission
("CVCC') certified the Final Supplemental SEIR and approved the Major Amendment to
the CVMSHCP to include the City of Desert Hot Springs and MSWD. A public notice
was published in the Desert Sun on March 1, 2014 to inform the public about the March
13 CVCC meeting. Notices were sent to all property owners of record in the
Conservation Area within the Major Amendment area, notifying them of the March 13,
2014 public hearing. The City of Desert Hot Springs and Mission Springs Water District
both approved the Major Amendment unanimously on April 15, 2014 and April 21, 2014,
respectively.
The Final Major Amendment documents are available for review on the CVMSHCP
website at www.cvmshcp.org. These documents include the Final Supplemental
EIR/EIS, the Response to Comments, the comment letters received, and the proposed
changes to the CVMSHCP made as part of the Major Amendment.
In addition to approving the Major Amendment, an amendment to the CVCC Joint
Powers Agreement (JPA) will be necessary to add Mission Springs Water District to the
Coachella Valley Conservation Commission and include the entire City of Desert Hot
Springs (a portion of the City of Desert Hot Springs was previously included in the
CVMSHCP as part of the 1-10 annexation in 2010). The staff recommendation includes
approval of an amendment to the JPA agreement to make the changes necessary to
fully include Desert Hot Springs and Mission Springs Water District.
Major Amendment Schedule
To complete the Major Amendment process, the Major Amendment will have to be
approved by all current Permittees, CVCC member agencies and state agencies
including Caltrans, State Parks, and the Coachella Valley Mountains Conservancy.
When the Major Amendment is completed and the permit amended, the fee amount will
3
City Council Staff Report
July 2,2014--Page 4 of 5
Major Amendment to CVMSHCP
be reduced by 8% for all cities and the County as a result of the fee being spread
across a larger number of permits.
The U.S. Fish and Wildlife Service will also need to issue a decision on the Major
Amendment and revised permits adding Desert Hot Springs and MSWD will be issued
by both state and federal Wildlife Agencies. Final completion of the Major Amendment is
expected in summer 2014.
Summary and Benefits of the CVMSHCP Major Amendment
This Major Amendment is necessary to incorporate the City of Desert Hot Springs and
MSWD into the Plan as Permittees, define their obligations, commitments, and Covered
Activities consistent with the original Plan, and authorize Take associated with their
Covered Activities. As Permittees, the City and MSWD will benefit from the CVMSHCP
as they become part of this effort to enhance and maintain biological diversity and
ecosystem processes while allowing future economic growth within the Coachella
Valley. The CVMSHCP allows preservation of a quality of life characterized by well-
managed and well-planned growth integrated with an associated open-space system.
The City of Desert Hot Springs will be responsible for exercising its land use authority to
ensure the goals and objectives of the Plan are met. MSWD will also be responsible to
ensure the Conservation Goals and Objectives of the Plan are met. As a benefit to all
local Permittees, the CVMSHCP mitigation fee will go down by 8% when the permit is
amended.
The CVMSHCP will ultimately conserve over 240,000 acres of open space and protect
27 plant and animal species. Some of the benefits of the CVMSHCP are outlined below.
• Assures critical freeway, freeway interchange, water infrastructure, and regional
road projects can be built without delays resulting from endangered species conflicts
• Offers certainty for the business community ultimately making the Coachella Valley a
more attractive place for businesses to relocate or expand
• Preserves the Coachella Valley's native desert wildlife and creates a magnificent
system of open space parks, trails and reserves
• Safeguards significant habitat linkages and wildlife corridors that enable animals to
move safely from one habitat area to another
• By providing comprehensive compliance with federal and state endangered species
laws, the Plan not only safeguards the desert's natural heritage for future
generations, it benefits quality of life in the Coachella Valley.
FISCAL IMPACT:
Upon completion of the Major Amendment, the Local Development Mitigation Fee will
decrease by 8%. The Coachella Valley Conservation Commission will prepare a new
fee schedule which will be forwarded to the City at a later date.
4
City Council Staff Report
July 2,2014--Page 5 of 5
Major Amendment to CVMSHCP
i
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M. Margo eeler, FAICIP David H. Ready, City er
Director of Planning Services
Attachments:
1. Map of Major Amendment Area
2. Draft Resolution—Responsible Agency Findings on the CVMSHCP (Exhibit A)
3. Draft Resolution — CVMSHCP Implementation Policy Resolution (Exhibit C)
4. Notice of Determination (Exhibit D)
5. Joint Powers Agreement— CVCC (Exhibit G)
MATERIAL ON FILE IN THE OFFICE OF THE CITY CLERK
FOR PUBLIC INSPECTION
5
Figure 7-17 Mission Springs Water District Covered Activities
Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
MSWD Covered Activities Desert Hot Springs Boundary
Potential Well Location Mission Springs Water District Boundary a s
New Tank ® Not a Part of Mission Springs Water District
New Well ;" CVMSHCP Conservation Area
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, MAKING
RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN, AS
REVISED BY THE MAJOR AMENDMENT; APPROVING
THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN, AS
REVISED BY THE MAJOR AMENDMENT; APPROVING
THE IMPLEMENTING AGREEMENT; AND ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Coachella Valley Multiple Species Habitat Conservation
Plan/Natural Community Conservation Plan ("CVMSHCP") is a regional,
comprehensive, multi-jurisdictional Habitat Conservation Plan focusing on Conservation
of Federal and State-Listed Species, other rare and sensitive species, and their
Habitats, while maintaining opportunities for recreation and a strong and sustainable
environment for economic Development in the region; and
WHEREAS, the Coachella Valley Conservation Commission ("CVCC") is the lead
agency pursuant to the California Environmental Quality Act ("CEQX) (Public Res.
Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.); and
WHEREAS, a joint Final Recirculated Environmental Impact Report/Statement
("EIR/EIS") was previously prepared in February 2006 pursuant to CEQA and NEPA
("2006 Final MSHCP"), which provides a comprehensive assessment of the potential
environmental impacts that could result from the adopted CVMSHCP, and provides the
appropriate decision-makers with the required information upon which to base a
decision to adopt the amendment to the CVMSHCP; and
WHEREAS, thereafter the Plan was revised to remove the City of Desert Hot
Springs (the "City") as a Permittee and to reflect other project description modifications
and, as a result, the Coachella Valley Association of Governments ("CVAG") prepared a
Recirculated Draft EIR/Supplemental Final EIS which it certified in September 2007,
(the "September 2007 Recirculated ElR/EIS"); and
7
City Council Resolution-Responsible Agency July 2,2014
WHEREAS, the CVCC now wishes to add the City and Mission Springs Water
District as Permittees and so CVCC prepared a Major Amendment to the CVMSHCP
(the "Major Amendment'); and
WHEREAS, the Project proposed for approval is the inclusion into the
CVMSHCP, as revised by the Major Amendment, of the City of Desert Hot Springs and
Mission Springs Water District, as Permittees (the "Project'); and
WHEREAS, the Major Amendment includes the issuance of Take Authorization
associated with Covered Activities that are not currently included under the existing
federal Section 10(a) Permit and state NCCP Permit ("Permits"). This Major
Amendment will restore the boundaries from the 2006 Final CVMSHCP for the Upper
Mission Creek/Big Morongo Canyon Conservation Area and would include all of the
private lands within the city limits of Desert Hot Springs. The private lands to be
included total approximately 770 acres that were removed from this Conservation Area
when Desert Hot Springs chose not to participate in 2006. The city limits of Desert Hot
Springs also include two parcels in the Whitewater Canyon Conservation Area that are
both owned by BLM and are currently managed consistent with the Plan, therefore no
additional disturbance associated with the Major Amendment will occur in this area; and
WHEREAS, a Supplemental Environmental Impact Report/Environmental Impact
Statement ("EIR/EIS") has been prepared pursuant to State CEQA Guidelines Section
15162 and CEQ NEPA Regulations, 40 C.F.R. 1502.9(c) in order to analyze all potential
adverse environmental impacts of the Project; and
WHEREAS, CVCC, at a public meeting on March 13, 2014 reviewed the Final
Supplemental EIR/EIS, Major Amendment to the CVMSHCP and CVMSHCP/Natural
Communities Conservation Plan ("CVMSHCP"), Implementing Agreement, and other
related documents in the record before it and by Resolution No. 14-004, certified the
Final Supplemental EIR/EIS, and approved the Major Amendment to the CVMSHCP,
and Implementing Agreement; and
WHEREAS, pursuant to State CEQA Guidelines sections 15091, 15096 sub. (h),
15381, and other provisions of CEQA, the City is a responsible agency for the Project
and must therefore make certain findings prior to the approval of the Project; and
WHEREAS, the City Council of the City, at its regularly scheduled public meeting
on July 2nd, 2014, independently reviewed and considered the Final Supplemental
EIR/EIS and other related documents in the record before it; and
WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have
been met, and the Final Supplemental EIR/EIS, prepared in connection with the Major
Amendment, as well as the September 2007 Recirculated EIR/EIS, are sufficiently
detailed so that all the potentially significant effects of the Project on the environment
and measures necessary to avoid or substantially lessen such effects have been
-2-
8
City Council Resolution—Responsible Agency July 2,2014
evaluated in accordance with the above-referenced Act and Guidelines; and
WHEREAS, as contained herein, the City has endeavored in good faith to set
forth the basis for its decision on the Project; and
WHEREAS, all of the findings and conclusions made by the City Council
pursuant to this Resolution are based upon the oral and written evidence presented to it
as a whole and not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented
with, reviewed and considered all of the information and data presented to it, including
the Draft Supplemental EIR/EIS, Final Supplemental EIR/EIS, the September 2007
Recirculated EIR/EIS, and other documentation relating to the Project, and all oral and
written evidence presented to it;
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the documents and other materials that constitute the record of
proceedings/administrative record for the City's approval of the Project are located at
the City Hall located at 3200 East Tahquitz Canyon Way; and the custodian of these
records is Mr. David H. Ready, City Manager of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS AS FOLLOWS:
A. The Final Supplemental EIR/EIS prepared for the Major
Amendment to the CVMSHCP is hereby received by the City
Council in the form attached hereto as Exhibit A, and incorporated
herein by this reference. The September 2007 Recirculated
EIR/EIS is hereby received by the City Council in the form attached
hereto as Exhibit B, and incorporated herein by this reference
B. The City Council hereby finds and determines that the September
2007 Recirculated EIR/EIS, as revised by the Final Supplemental
EIR/EIS, has been completed in compliance with CEQA and the
State CEQA Guidelines and, as the decision-making body for the
City of Palm Springs, the City Council has reviewed and considered
the information contained in the September 2007 Recirculated
ElR/EIS, as revised by the Final Supplemental EIR/EIS, and related
documents before it and all of the environmental effects of the
CVMSHCP, as revised by the Major Amendment, and finds that the
September 2007 Recirculated EIR/EIS, as revised by the Final
Supplemental EIR/EIS, reflects the independent judgment and
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9
City Council Resolution—Responsible Agency July 2,2014
analysis of the City.
C. The City Council concurs with the environmental findings in CVAG
Resolution Nos. 07-009 and CVCC Resolution 14-004 and adopts
these findings, attached hereto as Exhibit C and Exhibit D,
respectively, and incorporated herein by this reference.
D. The City Council hereby approves the CVMSHCP (as amended by
the Major Amendment) and authorizes the Mayor to execute the
Implementing Agreement.
E. The City Council hereby authorizes and directs that a Notice of
Determination shall be filed with the Clerk of the County of
Riverside within five (5) working days of approval of the Project.
PASSED, APPROVED AND ADOPTED this 2nd day of July, 2014.
AYES:
NOES:
ABSTAIN:
Steve Pougnet, Mayor
City of Palm Springs
ATTEST:
James Thompson, City Clerk
City of Palm Springs
APPROVED AS TO FORM:
Douglas C. Holland, City Attorney
-4-
10
City Council Resolution—Responsible Agency July 2,2014
------------------------------------------------------------------------
I, James Thompson, City Clerk of the City of Palm Springs do
hereby certify that the foregoing Resolution No. was duly and regularly adopted by
the City Council at a regular meeting thereof, held on the 2nd day of July, 2014, and that
the foregoing is a full, true and correct copy of said Resolution.
James Thompson, City Clerk
-5- 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS TO ESTABLISH
PROCEDURES AND REQUIREMENTS FOR
IMPLEMENTATION OF THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION
PLAN AND THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN, AS
REVISED BY THE MAJOR AMENDMENT
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION I. TITLE
This Resolution shall be known as the "Coachella Valley Multiple Species Habitat
Conservation Plan Implementation Policy."
SECTION ll. FINDINGS AND PURPOSE
A. The City Council finds that the ecosystems of the City of City of Palm
Springs ("City"), the Coachella Valley and surrounding mountains located
in central Riverside County and the vegetation communities and sensitive
species they support are fragile, irreplaceable resources that are vital to
the general welfare of all residents; these vegetation communities and
natural areas contain habitat value which contributes to the region's
environmental resources; and special protections for these vegetation
communities and natural areas must be established to prevent future
endangerment of the plant and animal species that are dependent upon
them. This Resolution will protect the City's and the region's biological
resources, vegetation communities, and natural areas, and prevent their
degradation and loss by guiding development outside of biological
resource core areas, and by establishing mitigation standards which will
be applied to development projects. Adoption and implementation of this
Resolution will enable the City to achieve the conservation goals set forth
in the Coachella Valley Multiple Species Habitat Conservation Plan
("CVMSHCP"), to implement the associated Implementing Agreement
executed by the City Council on July 2, 2014, and to preserve the ability of
affected property owners to make reasonable use of their land consistent
with the requirements of the National Environmental Policy Act ("NEPA"),
the California Environmental Quality Act ("CEQA"), the Federal
Endangered Species Act ("FESA"), the California Endangered Species
Act ("CESA"), the California Natural Community Conservation Planning
Act ("NCCP Act"), and other applicable laws.
B. The purpose and intent of this Resolution is to maintain and restore
biological diversity and the natural ecosystem processes which support
12
City Council Resolution-Implementation Policy July 2,2014
Page Page 2 of 6
this diversity, to protect vegetation communities and natural areas within
the City, the Coachella Valley and the surrounding mountains located in
central Riverside County which support species covered under the
CVMSHCP; to maintain a future of economic development within the City
by providing a streamlined regulatory process from which development
can proceed in an orderly process; and to protect the existing character of
the City and the region through the implementation of a system of
reserves which will provide for permanent open space, community edges,
and habitat conservation for species covered by the CVMSHCP. The
further purpose of this Resolution is to reaffirm the previous Implementing
Resolution adopted by the Plan Permittees and to bring it forward to
reflect the Major Amendment to the Plan approved by Coachella Valley
Conservation Commission in March 2014.
SECTION III. APPLICATION OF REGULATIONS
Except as provided in Section IV, this Resolution shall apply to all land within the
City shown on the CVMSHCP Plan Area Map (which has been revised from the original
CVMSHCP Plan Area Map to reflect the Major Amendment), attached as Exhibit "1"
hereto. Upon application to the City for a development project, an applicant shall be
required to comply with the procedures set forth in this Resolution. Upon the City's
initiation of a project that is subject to CEQA, the City shall be required to comply with
the procedures set forth in this Resolution. No project requiring a discretionary, or
certain ministerial permits or approvals that could have adverse impacts to species
covered under the CVMSHCP shall be approved by the City, and no City-initiated public
project shall be undertaken, unless the project is consistent with the CVMSHCP and this
Resolution.
SECTION IV. EXEMPTIONS
This Resolution shall not apply to the following:
A. The adoption or amendment of the City's General Plan.
B. The adoption or amendment of any land use or zoning ordinance.
C. Any project for which and to the extent that a vesting tentative map
pursuant to the Subdivision Map Act, or a development agreement
pursuant to Government Code sections 65864 et seq., approved or
executed prior to adoption of this Resolution, confers vested rights under
the City's ordinances or state law to proceed with the project
notwithstanding the enactment of this Resolution. Projects subject to this
exemption must comply with all provisions of any applicable state and
federal law.
D. Any project for which the City Council determines that application of this
Resolution would result in the property owner being deprived of all
reasonable economic use of the property in violation of federal or state
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City Council Resolution-Implementation Policy July 2,2014
Page Page 3 of 6
constitutional prohibitions against the taking of property without just
compensation.
SECTION V. PROCEDURES
A. The City shall ensure compliance with Conservation Area requirements
and measures as set forth in Section 4 of the CVMSHCP.
B. The City shall impose, as a condition to the City's approval of a
discretionary project and certain ministerial projects, such conditions as
are necessary to ensure surveys are prepared for the project as required
by Sections 4.3 and 4.4 of the CVMSHCP.
C. The City shall impose as a condition to the City's approval of a project
such conditions as necessary to ensure the project complies with and
implements the applicable Land Use Adjacency Guidelines set forth in
Section 4.5 of the CVMSHCP.
D. The City shall ensure that public and private projects comply with the
Avoidance, Minimization and Mitigation Measures set forth in Section 4.4
of the CVMSHCP.
E. The City shall transmit any collected Local Development Mitigation Fees,
other appropriate fees and associated interest as described in Section
5.2.1.1 of the CVMSHCP to the CVCC at least quarterly.
F. The City shall contribute appropriate mitigation for City public projects as
set forth in the CVMSHCP.
G. The City shall participate as a member agency in the CVCC as set forth in
Section 6.1.1 of the CVMSHCP.
H. The City shall participate as a member of the RMOC as set forth in
Section 6.1.3 of the CVMSHCP, as appropriate.
I. The City shall participate in the Joint Review Process as set forth in
Section 6.6.1.1 of the CVMSHCP for projects in the Conservation Areas.
J. The City shall manage CVMSHCP Reserve System lands and
conservation easements owned or leased by the City pursuant to Sections
8 and 9 of the CVMSHCP.
K. The City shall maintain a record of total acres developed and their location
within City jurisdiction and transmit such information monthly to the CVCC.
L. The City shall transmit any changes in City boundaries or general plan
land use designations to the CVCC at the end of each calendar year.
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City Council Resolution-Implementation Policy July 2,2014
Page Page 4 of 6
W Pursuant to the CVMSHCP, the City may transfer any property interest
acquired or obtained in fee title or as a conservation easement to the
CVCC for management. The City may also grant a conservation
easement to the California Department of Fish and Game for any property
interest obtained pursuant to Section V of this Resolution.
N. Carry out all other applicable requirements of the CVMSHCP.
SECTION VI. DEFINITIONS
For purposes of this Resolution, the following terms shall have the meaning set
forth herein:
A. "Area Plan" means a community planning area defined in the County of
Riverside General Plan. Four County of Riverside Area Plans are located
within the CVMSHCP Plan Area.
B. "Conservation Areas" means a system of lands described in Section 4.3 of
the CVMSHCP that provide Core Habitat and Other Conserved Habitat for
the Covered Species, conserve natural communities, conserve Essential
Ecological Processes, and secure Biological Corridors and Linkages
between major habitat areas. There are 21 Conservation Areas from
which the CVMSHCP Reserve System will be assembled.
C. "CVMSHCP" means the Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan, as amended by
the Major Amendment.
D. "Map of CVMSHCP" means the map of the area encompassed by the
CVMSHCP as set forth in the attached Exhibit "1."
E. "Discretionary Project' means a proposed project requiring discretionary
action by a Permittee, as that term is used in CEQA and defined in State
CEQA Guidelines section 15357.
SECTION VII. EFFECTIVE DATE
The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and
thereupon and thereafter this Resolution shall take effect and be in force according to
law.
PASSED, APPROVED, AND ADOPTED, this 2nd day of July, 2014
Steve Pougnet, Mayor
City of Palm Springs
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City Council Resolu5on-Implementation Policy July 2,2014
Page Page 5 of 5
ATTEST:
James Thompson, City Clerk
City of Palm Springs
AS TO FORM:
Doug Holland City Attorney
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City Council Resolution-Implementation Policy July 2,2014
Page Page 6 of 6
-----------------------------------------------------------------------
I, James Thompson, City Clerk of the City of Palm Springs do
hereby certify that the foregoing Resolution No. was duly and regularly adopted by
the City Council at a regular meeting thereof, held on the2nd day of July 2014, and that
the foregoing is full, true and correct copy of said Resolution.
James Thompson, City Clerk
17
Exhibit I
MajorAmendment to Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
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RESTATEMENT AND FOURTH AMENDMENT
JOINT POWERS AGREEMENT CREATING THE
COACHELLA VALLEY CONSERVATION COMMISSION
This Agreement is intended to be a restatement and fourth amendment of the Joint
Powers Agreement Creating the Coachella Valley Conservation Commission dated December 1,
2005. This Agreement is made and entered into on the day of 2014, for
identification purposes only, pursuant to Government Code Sections 6500 et sea., by and
between the following public agencies:
(a) City of Cathedral City,
(b) City of Coachella,
(c) City of Desert Hot Springs
(d) City of Indian Wells,
(e) City of Indio,
(f) City of La Quinta,
(g) City of Palm Desert,
(h) City of Palm Springs,
(i) City of Rancho Mirage,
Q) County of Riverside,
(k) Coachella Valley Water District,
(1) Imperial Irrigation District, and
(m) Mission Springs Water District.
The foregoing public agencies are referred to hereinbelow, individually and collectively, as
"Party" or"Parties," "Member" or"Members" and "Member Agency" or"Member Agencies."
The following public agencies are ex officio, non-voting"Participants" on CVCC's
governing board:
(n) Coachella Valley Association of Governments (CVAG);
(o) Riverside County Flood Control and Water Conservation District;
(p) Riverside County Regional Parks and Open Space District; and
(q) Riverside County Waste Management District.
0 Amended I Coachella Valley
Conservation Commission 1PA 19
RECITALS
Each of the Parties herein is a public agency. Each is authorized and empowered to
contract with the other Parties for the joint exercise of powers pursuant to California Government
Code Sections 6500, et sea.
The Coachella Valley Conservation Commission, hereinafter"CVCC," was formed so
that its members could, collectively, oversee and administer the Coachella Valley Multiple
Species Habitat Conservation Plan (CVMSHCP). The original parties contemplated, however,
that one or more of the original Members might withdraw from the CVCC prior to issuance of
the Permit. Prior to the issuance, the City of Desert Hot Springs did, in fact, vote not to
participate in the CVMSHCP and was therefore removed from the CVCC so that, by a prior
amendment of this Agreement, the original reference to Desert Hot Springs as a party to the
Agreement was removed. Subsequent to that amendment to this Agreement, Desert Hot Springs
has proposed a Major Amendment to the CVMSHCP such that the area within Desert Hot
Springs would be added again to the area that is subject to the CVMSHCP. It is anticipated that
the Major Amendment will be finalized and approved by all requisite entities within the next
eightee twelve months.
Additionally, in 2010 Desert Hot Springs annexed certain land on the condition that the
area of annexation remains subject to the CVMSHCP. Therefore, an Amendment to the
Implementing Agreement for the Coachella Valley Multiple Species Habitat Conservation Plan
was signed by the U.S. Fish and Wildlife Service, CVCC, the City of Desert Hot Springs and the
California Department of Fish and Game. In signing the Implementing Agreement Amendment,
the City of Desert Hot Springs agreed to the terms and conditions thereof and, to fulfill the
obligations of the CVMSHCP, to become a Permittee of the Plan for the Desert Hot Springs I-10
Community Annexation Area. In 2011, a Third Amendment to this Agreement was approved by
the CVCC to include the Citv of Desert Hot Springs for the I-10 Community Annexation Area
That Amendment was not approved by all other Members pending completion of the Major
Amendment.
The Parties now wish to amend this Agreement to include the City of Desert Hot Springs
and Mission Springs Water District as a-Members of the CVCC. For Desert Hot Springs, such
membership would be immediately applicable to all land within the jurisdictional boundaries of
the City of Desert Hot Springs including the Desert Hot Springs 1-10 Community Annexation
4' Amended 2 Coachella Valley
Conservation Commission 1PA 20
Area. Further, provided the Major Amendment adding the entire eity afea is finafiFed within th
next eighteen i entl.,. the membership would then be „ plieable to a4l land within th
jurisdietienall beanda fies of the Git. of Desert Hot Springs. In so doing, the Parties also wish to
ratify the Third Amendment to this Agreement.
NOW, THEREFORE, it is agreed by and between the Parties hereto as follows:
Article 1
Definitions
Section 1.1 Definitions. Unless otherwise defined herein, or the context requires
otherwise, the terns with the initial cap letters that are used in this Agreement shall have the
same meaning as set forth in the MSHCP. As used in this Agreement, unless the context
requires otherwise, the meaning of the terms set forth below shall be as follows:
(a) "Accrue," in the context of the date that an obligation of CVCC accrued, shall not
refer to the date of a demand or claim. Rather, where there is one act, omission or event giving
rise to the obligation, the date of that one act, omission or event shall be the date the obligation
accrued. However, where an obligation arises out of more than one act, omission or event, the
accrual date shall refer to the entire period of time running from the first act, omission or event
through the date of the last act, omission or event related to the same obligation.
(b) "Commission" shall mean the governing legislative body of CVCC.
(c) "Commissioner" shall mean the individual designated by a Member Agency to
serve as the Member's representative on the Commission. Except where the context dictates
otherwise, references to "Commissioner" shall include a reference to the alternate designated by
the Represented Member Agency to serve in the absence of a Commissioner.
(d) "CVAG" shall mean the Coachella Valley Association of Governments.
(e) "Law" or"the Law" shall mean the Joint Exercise of Powers Act, being Articles 1
and 2 of Chapter 5 of Division 7 of Title I of the California Government Code(Sections 6500, et
seq.).
(f) "Member" or"Member Agency" shall mean a public agency with voting rights in
CVCC listed in subparagraph (a) through (1) in the opening paragraph of this Agreement that
4'"Amended 3 Coachella Valley
Conservation Commission JPA
21
becomes a signatory to this Agreement or any new party as permitted pursuant to Section 13.1
(Admission of New Parties).
(g) "MSHCP" shall mean (i) the Coachella Valley Multiple Species Habitat
Conservation Plan, which is a comprehensive, multiple species habitat conservation planning
program in the Coachella Valley area of Riverside County, California that complies with the
requirements of Section 10(a)(1) of the Federal Endangered Species Act and the California
Natural Community Conservation Planning Act of 2002; as well as (ii) any agreement
implementing same.
(h) "Participant" refers to a public agency that is a signatory to the MSHCP but not a
party to this Agreement. A Participant may attend Commission and other meetings of CVCC to
participate in discussions for implementing, overseeing and administering the MSHCP.
Participants' obligations are limited to those outlined in their respective Permit requirements in
the MSHCP. They are not subject to assessment should the Commission determine additional
resources are necessary to administer the MSHCP and consequently are non-voting Participants
of CVCC.
(i) "Represented Member Agency"refers to the Member Agency represented by a
Commissioner, i.e., the Member Agency that appointed a particular Commissioner.
0) "Treasurer" for CVCC shall be the Treasurer of CVAG (provided CVAG's
Treasurer is a Member or a certified public accountant) or any other certified public accountant
or Member designated by the Commission.
Article 2
Creation of CVCC
Section 2.1 Creation. There is hereby created pursuant to the Law a public entity to be
known as the"Coachella Valley Conservation Commission," which shall be an agency or entity
that is separate from the Parties to this Agreement.
I eetion 2.2_Ne preeommitment To N4SE1CP. The Parties entering into this
Agfeementpi-7ier te the adoptionfor thepurpeseallowingtheproposed
Permits es to eolleeti. el. prepefe as necessary for the issuance and a ...a..nee of the n....mit t,.
4^'Amended 4 Coachella Valley
Consetvation Commission IPA
22
adopted by the Member A genes He.. a othin..
uv mvuvv as the ua�+aava m uuuuuavay u �`�, '
herein i intended ,. .„:tment by .. Pasty to � adopt the NISH P
aa,.a.,aaa ,., aaaa„aa,,,,,a u., a pa`.wauaaa. ,
Article 3
Powers and Duties of CVAG
Section 3.1 CVAG's Participation. CVAG shall be a non-voting ex officio Participant of
CVCC and shall have the following powers and duties:
(a) To provide, under contract with CVCC, all administrative services required by
CVCC during the first five (5) years of the implementation of the MSHCP; and thereafter as the
administrative services contract may be renewed from time to time by CVCC;
(b) - To empower its Executive Director to serve as Secretary of CVCC;
(c) To exercise such other powers and duties as the Commission deems necessary to
achieve the purposes of this Agreement.
Section 3.2 Principal Office. The principal office of CVAG shall be the principal office
of CVCC. The Commission is hereby granted full power and authority to change said principal
office from said location to another within the Coachella Valley.
Article 4
Term of Agreement
Section 4.1 Term. This Agreement shall become effective and CVCC shall exist at such
time as this Agreement has been executed by at least a majority of the public agencies identified
in the first paragraph of this Agreement. This Agreement shall be automatically terminated and
considered null and void in the event that, after the Member Agencies which determine not to
adopt the MSHCP have withdrawn from CVCC, the MSHCP is not approved by the remaining
Parties or the Permit contemplated thereby is not issued by the Wildlife Agencies. Upon
issuance of the Permit, the term of this Agreement shall automatically expire at such time as
CVCC shall have no further obligations pursuant to the MSHCP or the Permit.
0 Amended 5 Coachella Valley
Conservation Commission IPA 23
Article 5
Membership
Section 5.1 Membership. Excluding ex-officio, non-voting Participants, each public
agency which has executed or hereafter executes this Agreement, and any addenda, amendments
or supplement thereto, and which has not, pursuant to the provisions hereof, withdrawn or been
terminated, shall be a Member of CVCC.
Article 6
Purposes and Powers
Section 6.1 Purpose. The purpose of this Agreement is to create a public agency to
collectively monitor the Members' compliance with their responsibilities under the MSHCP, and
to do all acts related or incidental thereto, either by CVCC alone or in cooperation with the
California Department of Fish and GameWildlife, U.S. Fish and Wildlife Service and other
entities, and to otherwise adopt, implement, manage and administer the MSHCP. Prior to formal
adoption of the MSHCP and/or execution of the Implementing Agreement, CVCC shall assist in
the processing of the MSHCP for adoption, related negotiations, environmental review, editing,
drafting, planning, promoting or other administration required or related thereto.
Within the jurisdictional boundaries of each Member Agency, however, the adoption and
amendment of general plans, specific plans, community plans, zoning ordinances and similar
land use ordinances, and the granting of land-use entitlements (collectively, "local land-use
actions") are matters within the sole and absolute discretion of that Member Agency. Nothing
herein shall be construed to require the approval of such local land-use actions by CVCC.
Section 6.2 General Powers. CVCC shall have the power to exercise any power common
to all the Members as authorized by the Law and is hereby authorized to do all acts necessary for
the exercise of these common powers, including, if adopted, any powers or authority implied or
expressed in the MSHCP and Implementing Agreement, including, but not limited to, any of the
following:
(a) To coordinate the finalization, adoption, implementation, management and
administration of the MSHCP;
4"Amended 5
Coachella Valley
Conservation Commission JPA
24
(b) To make and enter into contracts, leases and other agreements;
(c) To incur debt, liabilities or obligations;
(d) To acquire, hold and dispose of property by purchase, lease, lease purchase or sale
as necessary to the full exercise of its powers;
(e) To lease, acquire, construct, manage, maintain and operate any buildings, works
or improvements;
(f) To sue and be sued in its own name;
(g) To contract for the services of engineers, attorneys, planners, educators, scientists,
technical specialists, financial consultants and, separate and apart therefrom, to employ such
other agents, employees, consultants, advisors, independent contractors and other staff as it
deems necessary;
(h) To issue bonds, notes and other indebtednesses, and to enter into installment sale
and installment purchase contracts, all as provided for in Section 11.9 (Issuance of Bonds, Notes
and Other Indebtedness);
(i) To apply for, accept and receive state, federal or local licenses, permits, grants,
loans or other aid from any agency of the United States of America, the State of California or
other public or private entities;
0) To receive gifts, contributions and donations of property, funds, services and
other forms of financial assistance from persons, firms, corporations and any governmental
entity;
(k) To adopt rules, regulations, policies, bylaws and procedures governing the
operation of CVCC;
(1) To perform all acts necessary or proper to carry out fully the purposes of this
Agreement;
(m) To invest any money in the treasury pursuant to California Government Code
Section 6505.5 that is not required for the immediate necessities of CVCC, as CVCC determines
is advisable, in the same manner and upon the same conditions as local agencies pursuant to
California Government Code Section 53601;
(n) To the extent not hereinafter specially provided for, to exercise any powers in the
manner and according to the methods provided under the laws applicable to the County of
Riverside; and
4"Amended 7 Coachella Valley
Conservation Commission JPA
25
(o) Notwithstanding the powers described in this Section 6.2, nothing in this
Agreement shall limit the local land-use actions or powers granted to a Member under state law
or charter and nothing in this Agreement shall be interpreted as a limitation on those local land-
use actions or powers.
Section 6.3 Implementation of the MSHCP. CVCC shall provide guidance to Members
on the implementation of the MSHCP and will provide opportunities for public participation in
the decision-making process. Those duties shall include but are not limited to the following:
(a) Upon due consideration and approval, sign the Implementing Agreement and act
as a Permittee under the Permit;
(b) Consistent with the terms of the MSHCP, hire, appoint, designate and/or contract
with an Executive Director, Land Manager and Monitoring Program Administrator.
(c) Establish the Acquisition and Funding Coordinating Committee, the Reserve
Management Oversight Committee, the Reserve Management Unit Committees and designate
the Monitoring Program Administrator;
(d) Establish a Trails Management Subcommittee to the Reserve Management Unit
Committee for the Santa Rosa and San Jacinto Mountains Conservation Area;
(e) Establish policies as appropriate under which the Acquisition and Funding
Coordinating Committee will make recommendations to CVCC;
(I) Identify and make decisions on Local Permittee MSHCP Reserve System
acquisitions where such decision is to be made by CVCC pursuant to the MSHCP;
(g) Ensure adequate management of locally managed Reserve Lands;
(h) Assist in the development of Reserve Management Unit Plans;
(i) Contract with outside entities for specific services, such as land management and
law enforcement, as needed;
6) Manage and coordinate the MSHCP local funding plan as set forth in the
MSHCP;
(k) Develop and implement financing strategies to maximize funding sources;
(1) Develop an investment policy and review said policy on an annual basis;
(m) Adopt an annual budget, including but not limited to expenses associated with
land acquisition, and the Monitoring Program, Management Program and Adaptive
Management, consistent with the annual work plans for same;
4"Amended 8 Coachella Valley
Conservation Commission JPA
26
(n) Annually review development mitigation fee remittance for compliance and
accuracy;
(o) Prepare annual reports assessing the status of the Permittees' compliance with the
MSHCP and hold public workshops to present the findings;
(p) Conduct an annual rough step analysis to ensure the reserve system is being
assembled, over time, in a configuration consistent with the MSHCP;
(q) Act as custodian of records for information concerning MSHCP implementation;
(r) Maintain a record of the amount of Take and habitat loss for each Local
Permittee;
(s) Maintain a record of the amount of Take Authorization to Participating Special
Entities as set forth in the Implementing Agreement;
(t) Grant Take Authorization to Participating Special Entities and others as set forth
in the Implementing Agreement;
(u) Acquire land and administer grant programs to non-profit organizations and
Permittees to conserve lands that contribute to MSHCP Reserve Assembly;
(v) Coordinate conservation easement agreements with landowners, seek grants and
other funding sources to assist with acquisition, and coordinate with other state and federal
acquisition programs in the Plan Area to ensure efficiency and consistency among acquisition
programs; and
(w) Hold regularly scheduled public meetings.
Article 7
Commission
Section 7.1 Govemine Body. CVCC shall be governed by a Commission consisting of a
Commissioner representing each Member Agency; except that each Supervisor's District of the
County of Riverside shall be represented by a Commissioner. An alternate for each
Commissioner may be appointed by the Represented Member Agency, which alternate shall
meet the same qualifications as a Commissioner, except that an alternate for a County Supervisor
may be any current member of the governing body of another member entity of the Coachella
Valley Conservation Commission. An alternate appointed by any one County Supervisor may
40 Amended 9 Coachella Valley
Conservation Commission JPA 27
not be from the same entity as an alternate appointed by any other County Supervisor. In the
absence of the Commissioner, the alternate shall have the same authority and power as the
Commissioner. Each Participant may also appoint a Commissioner and alternate. Excluding ex
officio Participants, each Commissioner shall have the voting rights provided for in Section 7.13
(Voting). Ex officio Participants shall be non-voting members of the Commission. The
Commission shall exercise all powers and conduct all business of CVCC, either directly or by
delegation to other bodies or persons pursuant to this Agreement, the MSHCP and applicable
law.
Section 7.2 Qualifications. Excluding ex officio Participants, each Commissioner shall
be a current member of the governing body of the appointing Member Agency. Termination of
office with the Represented Member Agency shall automatically terminate membership on the
Commission. Except as to County Supervisors serving as Commissioners, each Commissioner
(and alternate, including any alternate designated by the County) shall serve at the pleasure of the
governing body of the appointing Member (or appointing Participant) and may be removed at
any time, with or without cause, in the sole discretion of said Member's (or Participant's)
governing body.
Section 7.3 Regular Commission Meetings. The Commission shall hold at least one
regular annual meeting and shall provide for such other regular meetings as it deems necessary.
Meetings of the Commission shall be held at such locations in the Coachella Valley and at such
times as may be designated from time to time by the Commission.
Section 7.4 Special Meetings of the Commission. Subject to all noticing requirements of
The Brown Act, special meetings of the Commission may be called by the Chair, to be held at
such times and places within the Coachella Valley as may be ordered by the Chair. A majority
of the Commissioners may also call a special meeting for any purpose.
Section 7.5 Quorum. Except as otherwise provided in this Agreement, CVCC shall act
only upon a majority of a quorum of the Commission. A quorum of any meeting of
Commissioners shall consist of a majority of the Commissioners then designated by and serving
on behalf of the Members. Ex officio, non-voting Participants shall not be included when
calculating the number of Commissioners necessary to constitute a quorum or the number of
votes necessary to approve an action. In the event that a Member Agency has failed to designate
a Commissioner, or a Member Agency's designated Commissioner has died, resigned, left office,
4"Amended 10 Coachella Valley
Conservation Commission JPA 28
been terminated or is otherwise unwilling or unable to act as the designating Member Agency's
representative, and a replacement Commissioner has not yet been designated, and there is no
designated alternate, such that a Member Agency has no duly acting representative on the
Commission, that Member Agency's vacant Commission scat shall not be included when
calculating the number of Commissioners necessary to constitute a quorum or the number of
votes necessary to approve an action. Except as otherwise provided in this Agreement, every act
or decision made by a majority of the Commissioners present at a meeting duly held at which a
quorum is present is the act of the Commission. In the absence of a quorum, any meeting of the
Commissioners may be adjourned from time to time by a vote of the majority present, but no
other business may be transacted except as provided for in this Section.
Section 7.6 Chair and Vice-Chair. The Commission shall annually elect from its
membership a Chair and Vice-Chair to serve for a one-year term.
Section 7.7 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice-
Chair, shall preside at all meetings of the Commissioners.
Section 7.8 Resignation of a Commissioner. Any Commissioner may resign effective on
giving written notice to the Commission and the other Member Agencies, unless the notice
specifies a later time for the effectiveness of such resignation. A successor shall be appointed by
the Represented Member Agency as provided for in this Agreement.
Section 7.9 Vacancies on the Commission. A vacancy on the Commission shall exist (a)
on the death or resignation of any Commissioner, (b) at the end of any Commissioner's term on
the governing body of the Represented Member Agency, (c) whenever the number of
Commissioners is increased, (d) upon termination by the Represented Member Agency, or(d) on
the failure of the Member Agencies to appoint the full number of Commissioners authorized. A
vacancy shall be filled only by the Represented Member Agency for whom a Commissioner is
not then serving. Absent notice to the contrary from the Represented Member Agency, the
alternate for the Represented Member Agency may continue to act in the place of the vacating
Commissioner.
Section 7.10 Other Officers. The Executive Director of CVAG shall be the secretary of
CVCC. Any officer, employee or agent of any Member of CVCC may also be an officer,
employee, or agent of any of the Member Agencies. CVCC shall have the power to appoint such
additional officers and to employ such employees and assistants as may be appropriate. Each
4"'Amended I 1 Coachella Valley
Conservation Commission IPA 29
and all of said officers, employees and assistants shall serve at the pleasure of CVCC and shall
perform such duties and shall have such powers as CVCC may, from time to time, determine.
Any officer may resign at any time by giving written notice to the Secretary. Any such
resignation shall be effective upon receipt of such notice or at any later time specified in the
notice. Officers shall assume the duties of their offices immediately after their appointment and
shall hold office until their successors are appointed, except in the case of their removal or
resignation. Vacancies shall be filled by appointment of the Commissioners and such appointee
shall hold office until the appointment of his or her successor.
Section 7.11 Minutes. The secretary of CVCC shall cause to be kept minutes of regular,
adjourned regular and special meetings of the Commission. The Secretary shall cause a copy of
all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the
Parties hereto.
Section 7.12 Rules. A majority of Commissioners may adopt rules governing meetings if
not inconsistent or in conflict with this Agreement. In the absence of rules adopted by the
Commissioners, Roberts' Rules of Order, as they may be amended from time to time, shall
govern the meetings of the Commission in so far as they are not inconsistent or in conflict with
this Agreement or any CVCC bylaws.
Section 7.13 Voting. Except as otherwise provided by this Agreement, each
Commissioner shall have one vote.
Section 7.14 Compensation. Commissioners shall serve without compensation from
CVCC. For purposes of this Section, "compensation" does not include reimbursement of actual
expenses or per diem.
Article 8
Committees
Section 8.1 Committees. From time to time, and in addition to the committees to be
established pursuant to the MSHCP, the Commission may create by majority vote various other
committees to carry on the business of CVCC.
4"'Amended 12 Coachella Valley
Consmatiun Commission JPA
30
Article 9
Conduct of Meetings
Section 9.1 Compliance with Brown Act. All meetings of the Commission and other
CVCC committees, including, without limitation, regular, adjourned regular and special
meetings, shall be called, noticed, held and conducted in accordance with applicable provisions
of the Ralph M. Brown Act, California Government Code Sections 54950, et seq.
Article 10
Employees
Section 10.1 CVCC Staff. CVCC may contract with CVAG for staff services, retain its
own staff, or contract with another entity for services. Unless other employment is approved by
the Commission, the CVCC Executive Director may utilize CVAG staff as may be necessary to
accomplish the purposes of CVCC. CVAG staff time, as well as office expenses, direct and
indirect overhead, shall be charged to CVCC utilizing direct billing and other accounting
practices that provide for a clear separation of funds.
Section 10.2 Status. Where CVAG's or other Member Agency's staff are utilized to
accomplish the purposes of CVCC, all of the privileges and immunities from liability, exemption
from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other
benefits which apply to the activity of officers, agents or employees of any of the Members when
performing their respective functions shall apply to them to the same degree and extent when
engaged in the perfonnance,of any of the functions and other duties under this Agreement.
However, no staff employed directly by CVCC, if any, shall be deemed, by reason of their
employment by CVCC, to be employed by any of the Members or, by reason of their
employment by CVCC, to be subject to any of the employment requirements of the Member
Agencies.
Section 10.3 Legal Counsel. CVCC may appoint General Counsel who shall provide
legal advice and perform such other duties as may be prescribed by the Commission. Counsel to
one or more of the Members shall be eligible to serve as General Counsel to CVCC and such
appointment shall not, by itself, be deemed to be inconsistent, incompatible, in conflict with or
40 Amended 13 Coachella Valley
Conservation Commission JPA 31
inimical to his or her duties as counsel to the Member Agency or Agencies, consistent with all
applicable conflict-of-interest statutes and regulations.
Article 11
Financial Provisions
Section 11.1 Fiscal Year. The fiscal year of CVCC shall be from July 1 of each year to
the succeeding June 30.
Section 11.2 Depositary. The Treasurer shall be the depositary and have custody of all
money of CVCC from whatever source and shall perform the duties specified in Government
Code Section 6505.5. All funds of CVCC shall be strictly and separately accounted for, and
regular reports shall be rendered to the Commission and the Members of all receipts and
disbursements at least quarterly during the fiscal year. The books and records of CVCC shall be
open to inspection by a Member or Commissioner at all reasonable times upon reasonable notice.
The Treasurer shall contract with an independent certified public accountant to make an annual
audit of the accounts and records of CVCC, which shall be conducted, at a minimum, in
accordance with the requirements of the State Controller under Section 26909 of the California
Government Code, and shall conform to generally accepted auditing standards.
Section 11.3 Property Bonds. The Commission shall from time to time designate the
officers and persons, in addition to the Treasurer, who shall have charge of, handle, or have
access to any property of CVCC. Each such officer and person, including the Treasurer, shall
file a bond in an amount designated by the Commission. When fixing the amount of such bonds,
the Commission shall be deemed to be acting for and on behalf of the Represented Member
Agencies in compliance with Government Code Section 6505.1
Section 11.4 Budget. As soon as practicable after the effective date of this Agreement,
and thereafter at least thirty (30) days prior to the commencement of each fiscal year, the
Executive Director shall present a proposed budget to the Commission for the forthcoming fiscal
year. Prior to the commencement of the fiscal year, the Commission shall adopt a budget for the
new fiscal year. No expenditures in excess of those provided for in the current, duly adopted
budget shall be made without the approval of the Commission.
0 Amended t4 Coachella Valley
Conservation Conunission JPA 32
Section 11.5 Working Capital Account. A Working Capital account, which is to be used
for the purpose of funding general overhead and administrative expenses for the ongoing
operations of CVCC, shall be established by the Commission in an amount approved in
connection with the annual budget process.
Section 11.6 Additional Funding. In the event that the Commission proposes to seek
funding for a budget in excess of the funds available from the funding mechanisms set out in the
Plan, an advance or grant may be requested from CVAG and/or any Member Agency. Should
such request be declined, the Commission, by three-fourths vote of the Member Agencies,
meaning an affirmative vote by three-fourths of the total number of Member Agencies, may levy
an assessment on Member Agencies. Said vote shall include a determination as to the amount
deemed necessary and the manner of apportionment. Thus, notwithstanding the fact that the
County shall be represented by five Commissioners, the County shall have only one vote on
issues of assessments or apportionment thereof.
The determination as to the apportionment of an assessment shall be fair and reasonable
given the purpose for which the assessment is required and the degree to which each Member is
affected and/or benefited by the contemplated expenditure. A Member Agency unable to
immediately fund an assessment shall be permitted to pay an assessment in installments. Subject
only to the arbitration rights set out at Section 11.7, the determination of the assessment to be
paid by each Member and the due date shall be final, binding and enforceable as a term of this
Agreement.
Nothing in this Agreement shall be construed by the Parties to require the expenditure of
any money from the general funds of a Party unless expressly authorized by the appropriate
governing body of that Party.
Section 11.7 Arbitration. Notwithstanding any other provision herein, the Parties agree
as follows: Any determination with respect to an assessment levied pursuant to Section 11.6,
13.4 or 15.3 shall be subject to binding arbitration at the request of any Party to which liability is
assigned; provided, however, that the request for arbitration shall be made within ninety days of
the date that the Commission votes to impose the assessment. If the Parties cannot agree on the
method of arbitration and selection of the arbitrator within ninety days of notice of the request
for arbitration, the arbitration shall be administered by JAMS, or its successor, pursuant to its
Comprehensive Arbitration Rules and Procedures. The arbitrator shall exercise his or her
4"'Amended is Coachella Valley 33
Conservation Cmnmission JPA
independent judgment as to whether or not the Commission has abused its discretion when it
determined the manner of apportionment of an assessment. The arbitrator may, in the Award,
allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the
reasonable attorneys' fees of the prevailing party. Judgment on the arbitration award may be
entered in any court having jurisdiction.
Section 11.8 [Reserved.]
Section 11.9 Issuance of Bonds, Notes and Other Indebtedness. CVCC may issue bonds,
notes or other forms of indebtedness if such issuance is approved by two-thirds (2/3) vote of the
Commission.
Section 11.10 Disbursements. The Executive Director shall request warrants from the
Treasurer in accordance with budgets approved by the Commission subject to quarterly review
by the Commission. The Treasurer shall pay such claims or disbursements and such requisition
for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by
the Commission.
Section 11.11 Accounts. All funds will be placed in accounts and the receipt, transfer or
disbursement of such funds during the tern of this Agreement shall be accounted for in
accordance with generally accepted accounting principles applicable to governmental entities
and pursuant to Government Code Section 6505 et seq. and any other applicable laws. All
revenues and expenditures shall be reported to the Commission.
Section I t.12 Expenditures Within Approved Annual Budget. All expenditures shall be
made within the approved annual budget. No expenditures in excess of those budgeted shall be
made without the approval of the Commission.
Article 12
Relationship of CVCC and Its Members
Section 12.1 Separate Entity. CVCC shall be a public entity separate from the Parties to
this Agreement and the debts, liabilities and obligations of CVCC shall not be the debts,
liabilities or obligations of the Members. No Member shall be jointly or severally liable for any
debt or obligation of CVCC or any of its Members. Specifically, nothing herein is intended to
give rise to any right in any third party to enforce an obligation set out herein of one Party to
4"Amended 16 Coachella Valley 3 4
Conservation Commission JPA
another Party to this Agreement. All property, equipment, supplies, funds and records of CVCC
shall be owned by CVCC, except as otherwise provided in this Agreement.
Article 13
Admission and Withdrawal of Parties
Section 13.1 Admission of New Parties. To the extent that the Plan Area falls within an
agency's jurisdictional boundaries, any public agency identified in the first paragraph of this
Agreement, which public agency did not execute the Agreement when it previously went into
effect, shall subsequently be admitted as a Member upon request by that public agency's
legislative body and without further approval of the then existing Member Agencies. The
admission of said new Member shall be evidenced by the execution of a written addendum to
this Agreement signed by the new Member. Additional public entities not identified in the first
paragraph of this Agreement may become Members of CVCC upon such terms and conditions as
provided in the MSHCP. Admission of such additional public entities shall be evidenced by the
execution of a written addendum to this Agreement signed by all the Parties including the new
Parties
Section 13.2 Withdrawal of Membership.
(a) Prior to Permit Issuance. A Member may withdraw from CVCC at any time prior
to the issuance of a Permit pursuant to the MSHCP, and notwithstanding any other provision
herein, that Member shall have no continuing liability for any assessments levied by CVCC after
the effective date specified in the notice of withdrawal.
(b) After Permit Issuance. After Permit issuance a Member may withdraw by
delivering written notice to the Commission's secretary that the Member's legislative body has
approved withdrawal and such withdrawal shall be effective 90 days thereafter. Withdrawal
after Permit issuance shall not relieve the Member of its proportionate share of any debt or other
liability of CVCC that accrued prior to the effective date of the Member's withdrawal, provided
notice of the potential liability was given by CVCC to the Member prior to or within the first
four years of said Member's withdrawal from the CVCC. Withdrawal shall result in the
forfeiture of that Member's rights and claims relating to the distribution of property and funds
4 17 Amended Coachella Valley 35
Conservation Commission 1PA
upon termination of CVCC as set forth in Section 13.3 (Disposition of Property Upon
Termination).
Section 13.3 Disposition of Property Upon Termination. In the event of the termination
of this Agreement, any property interest remaining in CVCC following the discharge of all
obligations shall be disposed of as the Commission shall determine with the objective of
returning to each Member a proportionate return on the contributions made by each, less
previous returns if any.
Section 13.4 Continuing Liability. Notwithstanding a withdrawal of membership, a past
Member Agency shall be responsible to CVCC for its proportionate share, as determined and
approved by a 3/4 vote of the Member Agencies, of any liability of the CVCC Accruing during
the withdrawn Member's period of participation in CVCC, provided notice of the potential
liability was given by CVCC to the Member prior to or within the first four years of said
Member's withdrawal from the CVCC. The determination as to the apportionment of such an
assessment shall be fair and reasonable given the purpose for which the assessment is required
and the degree to which each Member is affected and/or benefited by the contemplated
expenditure. The Members acknowledge that, given the possible variables, determination of a
proper apportionment may be difficult. Therefore, subject only to arbitration rights set out at
Section 11.7, the Members agree that the Commission's good faith determination of a fair
apportionment shall be final, binding and enforceable as a term of this Agreement. Any such
assessment shall be paid to CVCC within thirty (30) days of billing by CVCC.
Article 14
Provision for Bylaws
Section 14.L Bylaws. As soon as practicable after the first meeting of the Commission,
the Commission shall cause to be developed bylaws to govern the day-to-day operation of
CVCC.
4"Amended l8 Coachella Valley 36
Conservation Comaussion JPA
Article 15
Contribution and Indemnity Among Members
Section 15.1 No Third Party Beneficiaries. This Article shall reflect the Parties' rights
and obligations as by and among themselves. Nothing herein shall create any right in any third
party to enforce any right or obligation set out in this Agreement as against any Party hereto.
Section 15.2 Hold Harmless and Indemnity. Subject to the provisions of Section 15.3
and provided that a Party has acted in good faith and in accordance with this Agreement, the
MSHCP, the Implementing Agreement and the Permit, CVCC shall defend with counsel
acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability
or damage incurred or suffered by such Party by reason of litigation arising from or as a result of
any of the following: the Party's development mitigation fee ordinance; the Party's participation
in CVCC; action taken to approve and/or implement the MSHCP; claims of inverse
condemnation or unconstitutional takings against a Party as a result of or related to its
participation in the MSHCP; or any other act performed or to be performed by the Party pursuant
to this Agreement, the MSHCP, the Implementing Agreement or the Permit; provided, however
that such indemnification or agreement to hold harmless pursuant to this section shall be
recoverable only out of CVCC assets and not from other Parties. To the extent CVCC's assets
are insufficient to satisfy its obligations under this Section, any member Agency forced to
expend its own funds to satisfy what would otherwise be CVCC's obligations shall be entitled to
reimbursement from CVCC.
Section 15.3 Limitations on Liability. CVCC shall be authorized to defend, indemnify
and hold harmless any Commissioner, officer, agent or employee for actions taken or not taken
within the scope of authority given or granted by CVCC and from and against any claim or suit
arising out of any act or omission of CVCC, the Commission or any Commissioner, officer,
agent or employee in connection with this Agreement and may purchase insurance as the
Commission may deem appropriate for this purpose.
The Parties acknowledge that Section 895.2 of the California Government Code provides
that a Member is jointly and severally liable for the torts of the joint powers agency, but that
Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to
contractually agree to indemnity and contribution provisions that allow such liability to be
4"Amended 19 Coachella Valley 3 "�
Conservation Commission JPA
apportioned among the members based on their respective degree of fault giving rise to the
liability. The Parties further acknowledge that they have agreed at Section 15.2 above to
indemnity and defend those Member agencies against loss, liability or damage suffered by a
Member Agency individually as a result of that Agency's good faith acts taken pursuant to this
Agreement or the MSHCP. Now, therefore, in contemplation of such authority, the Parties agree
that, as among themselves, each shall assume that portion of the liability imposed upon CVCC or
any of its Members, officers, agents or employees by law for injury caused by any negligent or
wrongful act or omission occurring during the performance of this Agreement that is not covered
by insurance, that is determined by the Commission to be that Member's proportionate share
Accruing during the Member's period of participation in CVCC. Said determination shall be by
three-fourths vote of the Member Agencies, meaning an affirmative vote of three-fourths of the
total number of Member Agencies. The Members acknowledge that, given the possible variables,
determination of a proper apportionment may be difficult. Therefore, subject only to arbitration
rights set out at Section 11.7, the Members agree that the Commission's good faith determination
of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each
Member shall to the extent provided herein indemnify and hold harmless the other Members for
any loss, costs or expenses that may be imposed on such other Members solely by virtue of
Section 895.2.
Article 16
Miscellaneous Provisions
Section 16.1 Notices. Notices to Members hereunder shall be sufficient if delivered to
the principal office of the respective Member.
Section 16.2 Amendments. This Agreement may be amended or terminated, provided
such amendment or termination is consistent with the provisions of the MSHCP and has been
approved by each Member. The vote, assent or approval of each Member shall be evidenced by
a certified copy of a resolution, minute order or similar writing of the governing body of the
Member Agency, filed with CVCC.
Section 16.3 Prohibition Against Assignment. No Member may assign any right, claim
or interest it may have under this Agreement, and no creditor, assignee, or third-party beneficiary
of any Member shall have any right, claim or title to any part, share, interest, fund, or asset of
40 Amended 20 Coachella Valley `J
Conservation Commission]PA J
CVCC. This Agreement shall be binding upon, and shall inure to, the benefit of the successors
of each Party.
Section 16.4 Agreement Complete. The foregoing constitutes the full and complete
Agreement of the Parties. There are no oral understandings or agreements not set forth in
writing herein.
Section 16.5 Severabilitv. If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid,
unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction,
each and all of the remaining terms, provisions, sections, promises, covenants and conditions of
this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
Section 16.6 Multiple Originals. This Agreement may be executed in counterparts, each
of which shall be deemed an original.
Section 16.7 Execution. The governing legislative body of each Member has each
authorized execution of this Agreement, as evidenced by the authorized signatures below.
CITY OF CATHEDRAL CITY
DATE
Mayor Kathleen De Rosa
City of Cathedral City
CITY OF COACHELLA
DATE
Mayor Eduardo Garcia
City of Coachella
4"Amended 21 Coachella Valley
Conservation Commission IPA 39
CITY OF INDIAN WELLS
DATE
Mayor Ted Mertens
City of Indian Wells
CITY OF INDIO
DATE
Mayor Mike Wilson
City of Indio
CITY OF LA QUINTA
DATE
Mayor Don Adolph
City of La Quinta
CITY OF PALM DESERT
DATE
Mayor Van Tanner
City of Palm Desert
0 Amended 22 Coachella Valley
Conservation Commission JPA 40
CITY OF RANCHO MIRAGE
DATE
Mayor Iris Smotrich
City of Rancho Mirage
CITY OF PALM SPRINGS
DATE
Mayor Steve Pougnet
City of Palm Springs
COUNTY OF RIVERSIDE
DATE
Jeff Stone, Chair
Board of Supervisors
County of Riverside
COACHELLA VALLEY WATER DISTRICT
DATE
John Powell, Jr.
Board President
Coachella Valley Water District
Coachella, California
4"Amended 23 Coachella Valley 41
Conservation Commission 1PA
IMPERIAL IRRIGATION DISTRICT
DATE
James C. Hanks
Board President
Imperial Irrigation District
Imperial, California
CITY OF DESERT HOT SPRINGS
DATE
Mayor Adam Sanchez
City of Desert Hot Springs
MISSION SPRINGS WATER DISTRICT
DATE
Russ Martin
Board President
Mission Springs Water District
Desert Hot Springs, California
4'Amended 24 Coachella Valley .1
Conservation Commission JPA 4
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: July 2, 2014
Subject: Case 5.1346 MSHCP
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on June 21, 201.
1 declare under penalty of perjury that the foregoing is true and correct.
kL
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the
City Clerk and on June 19, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on June 19, 2014, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California.
(6 notices)
I declare under penalty of perjury that the foregoing is true and correct.
vnl �
Kathie Hart, CMC
Chief Deputy City Clerk
43
ca�,r>:>�►�N�
>+tl8k(�iP _ - 4 MR PETE MORUZZI
41tiColag =4 PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1346
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
3T TIE ` ATTN SECRETARY/5.1346 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS PATRICIA GARCIA
MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION
AGUA CALIENTE BAND OF CAHUILLA OFFICER
INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEF10 INDIANS IF=RRF i JOHNSON & 13ARNWG SE
ATTN:JOSEPH ONTIVEROS L o�
CULTURAL RESOURCES MANAGER 4�wpo rT-nnN
P.O. BOX 487
SAN JACINTO, CA 92581 R7107
1
1�
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1346 MSHCP - AN ORDINANCE AND RESOLUTION FOR A MAJOR
AMENDMENT TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (CVMSHCP)
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of July 2, 2014. The City Council meeting begins at 6:00
p.m., in the Council Chambers at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an ordinance and resolution for a major amendment
to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), by the
Coachella Valley Conservation Commission to add the City of Desert Hot Springs and Mission
Springs Water District as permittees of the Plan.
ENVIRONMENTAL DETERMINATION: An environmental assessment was prepared under the
guidelines of the California Environmental Quality Act (CEQA) at the time that the CVMSHCP
was adopted by the City. According to Public Resources Code Section 21166 and State CEQA
Guidelines Section 15162, no further environmental analysis is required.
REVIEW INFORMATION: The staff report and other supporting documents regarding this
project are also available for public review at City Hall from 8:00 a.m. to 6:00 p.m. Monday
through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like
to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
public hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior to, the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward Robertson, Principal Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
James Thompson, City Clerk
44
Cindy Berardi
From: Joanne Bruggemans
Sent: Thursday, June 19, 2014 11:30 AM
To: Andreas Hills; Araby Commons;Araby Cove; Baristo; Canyon Corridor; Chino Canyon;
Deepwell Estates; Demuth Park; Desert Park Estates; El Mirador, El Rancho Vista Estates;
Four Seasons; Historic Tennis Club;Indian Canyons; Los Compadres; Mountain Gate;
Movie Colony East; Old Las Palmas; Parkview Mobile Estates; Racquet Club Estates;
Racquet Club South; Racquet Club West; Sonora Sunrise; Sunmor; Sunrise Vista Chino;
Tahquitz River Estates;The Mesa;The Movie Colony;Twin Palms; Vista Las Palmas;Vista
Norte;Warm Sands
Cc: Edward Robertson; Cindy Berardi
Subject: Case 5.1346 MSHCP -Amendment to the Coachella Valley Multiple Species Habitat
Conservation Plan
Attachments: CC PHN MSHCP LDNF fee revision.pdf
Morning—
Please find the attached Public Hearing Notice of the City Council for July 2, 2014 of the proposed.
Thank you,
J
Joanne Bruggemans
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: (760) 323-8245 Fax: (760) 322-8360
Email: ioanne.bruggemans@palmspringscayov
45,
t
oy
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
N14 J1� A t: 57
I.
State Of California ss:
County of Riverside , NOTICE OF'P.UBLIC HEARING'
,CITY WuNCIL,
' `Crry OF PALM SPRINGS
Advertiser: .
CASE 5.1346 MSHCR-AN ORDINANCE AND
CITY OF PALM SPRINGS/LEGALS RESbLUTION FOR A MAJOR AMENDMENT,TO THE_
PO BOX 2743 COACHFLLA VALLEY NILILTIPLE SPECIES HABITAT
PALM SPRINGS CA 922632
.CONSERVATION PLAN(CVMSHCP) .
.. ,:: ..
NOTICE 14 HEREBY GIVEN that the City Council of the
City of Palm Springs,California,will hold a public hearing
at its meeting of July 2,2014.The City Council meeting
20D0439430 begins:at 6:00 p.m. I the Councilbh'embers at City Hail,
3200.East Tahquitz Canyon way,Palm Springs.
The purpose of this hearing is to'corisider an:ordinance
and resolution fora:major amencment.to the Coachella'
Valley Multiple 'Species Habitat Conservation Plan
I am over the age of 18 years old, a citizen of the United (CVMSHCP), by the Coachella Valley--Conservation.
States and not a party to, or have interest in this matter. I Commission to add the City,of Desert Hot Springs and
hereby certify that the attached advertisement appeared MissiomSpnngs Water District as permitteesof the Plan.
in said newspaper (set in type not smaller than non panel) •},•':
in each and entire issue of said newspaper and not in any ENVIRONMENTAL c DETERMINATION: An
supplement thereof on the following dates,to wit: enwronmenfal assessment was prepared under the
guldelines,of the.California Environmental Quality Act
Newspaper: .The Desert Sun (CEQA)'ofihe time that the CVMSHCP was adopted by
the rCity;.xAccording 3o-Public Resources Code Section
g19661and State CEQA,Guideiines'866tion 15162, no.
6/21/2014 furthe 6 nwronmerital_anatysis is required.
)
RE,EW INFORMATION:,The staff report and other
supporting documents regarding this....project are also
available for public review at City Hall from 8:00 a.m..to
GM p.m. Monday through Thursday.Please contact the
Office of the City Clerk at(760)323-8kil ff you would like
I acknowledge that I am a principal Berk of the printer of to Schedulean appointment to reylevr these:documents:
The Desert Sun, printed and published weekly in the City - -
of Palm Springs, County of Riverside, State of California. COMIMENT JON THIS APPLICATION: Response fo this
The Desert Sun was adjudicated a newspaper of general notice may be made verbally at the public hearing and/
circulation on March 24. 1988 by the Superior Court of the or in writing before the hearing.Written;comments may
be made to the City.Council by:letter (forlmail or hand
County of Riverside, State of California Case No. ')tt , '
191236. —deliveryu -
` ` ` James Thompson,City'Clerk
I declare under penalty of perjury that the foregoing is true tr 3200 E,Vicuitz Canyon Way
and correct. Executed on this 21st day of June, 2014 in „ �Palrn'Springs,CA92262
Palm Springs,Calif a. Any .c,allerige cof the proposed project in .court may
be ly` filed tQ raising only those issues reised'at tne-
�� publFieanng tlesd_fibadin this notice, or in written
correspondence deIN d to the City Clerk at;or prior to,.
the public hearing.,(Governmenf Code Section 06009(b)
0).
Declare 's ignature An opportunity will be given at said hearing for all
interested persons to be heard Questions regarding this
1 .\ case,r0ay be directed to Edward Robertson,:Principal
Pli nne at(760)323 824'5 r
��
\\' Si necesRa ayudalcon esta carte, por favor (lame a Is
Fieda tie Paf, Spring's y puedelhablar 'con Nadine
Fieger ielefoho(76 323-8245.
� � JamtisThompson; ity Clerk
\ The Desert Sun
Certificate of Publication
750 N Gene Autry Trail -
Palm Springs, CA92262 ,
760-778-4578/Fax 760-778-4731
2014JTIJ1 2
State Of California ss:
County of Riverside
NOTICE OF PUBLIC HEARING
CITY COUNCIL
Advertiser: :CITY OF PALM SPRINGS;
CITY OF PALM SPRINGS/LEGALS
CASE 5.1346 MSHCP-AN ORDINANCE AND
PO BOX 2743 .RESOLUTION FORA MAJOR AMENDMENTTO THE
COACHELLAVALLEYMULTIPLE"SPECIES HABITAT
PALM SPRINGS CA 922632 CONSERVATION PLAN(CVMSHCP)
NOTICE IS"HEREBY"GIVEN that the City Council of the
City of Palm Springs,California,will hold a public hearing
2000439430 at its meeting of July 2,2014.The Ctly.Council meeting
begins at 6i0o p.m.,in the-Gburicll Chambers at City Hall,
3200 East Tahquitz Canyon Way,Palm Springs.
The purpose of this hearing is to consider an ordinance and resolution for a major amendment to the Coachella
I am over the age of 18 years old, a citizen of the United _Valley Multiple_ Species-Habitat, Conservation -Plan
States and not a party to, or have interest in this matter. I -(CVMSHCP),..by the Coachella Valley. Conservation
hereby certify that the attached advertisement appeared Commission to add the Cityof Desert Not Springs and
in said newspaper (set in type not smaller than non panel) Mission Springs Water District as.permittees of the Plan.
in each and entire issue of said newspaper and not in any q .
supplement thereof on the following dates,to wit: ENVIRONMENTAL DETERMINATION. , An
environmental 'assessment was prepared`under the
Newspaper: .The Desert Sun guidelines of.the California Environmental Quality Act
(CEgA)at t66,time that the CVMSHCP was adopted by:
the°City. According to Public Resources Code Section
6/21./2014 21166 and•State CEQA Guidelines Section 15162, no
further environmental analysis.is required.
FIVAEW INFORMATION: The staff report and other
supporting documents regarding this project are also
available for public review at City Hall.from 8:00 a.m..to
6:00 p.m.Monday through Thursday.Please contact the
I acknowledge that I am a principal clerk of the printer of Office of the City:Clerk at(760)323-8204 if you would like
The Desert Sun, printed and published weekly in the City to schedule an appointment to review these documents.
of Palm Springs, County of Riverside, State of California. o COMMENT ON:THIS APPLICATION: Res The Desert Sun was adjudicated a newspaper of general Response to this
circulation on March 24, 1988 by the Superior Court of the 'notice may be made Verbally at'the public"hearing and/
County of Riverside, Efate of California Case tNo.he or in writing before the hearing. Written comments may.
be-made to the City Council by letter(for mail or hand
191236. delivery)to:
I declare under penalty of perjury that the foregoing is true 'James Thompson,City Clerk
326 E.Tahquitz Canyon Way
and correct. Executed on this 21st day of June, 2014 in 'r ipelni Springs,CA 92262
P7;al
An' rchallen a o1 the Y g proposed project In court may
be limited to raising only those issues raised`,at the
public hearing;described in this notice, or In writter
-
correspondence'delivered to the City Clerk it,vr prior to,
the public hearing. (Government Code Section e5009(b)
(2)).,�� _
Declar t Signature
An opportunity will be given, at said Bearing for.all
` interested persons to be heard.1 Questions regarding this, case may be directed to Edward Robertson Pnngipal
Planner,of T760j 323 8245- "4
Si n3ecesRa ayutla con esta carte po�rr,savor Items a Is
` Clugad de Palm Springs y puede hablar con Natline
\\ Fieger teWfono(760)323 8245
James Thompson,City Clerk'