HomeMy WebLinkAbout2006-07-26 STAFF REPORTS 2O 04 VA�M SAP
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C'fUFO"` City Council Staff Report
DATE: July 26, 2006 CONSENT AGENDA
SUBJECT: AMENDMENT TO THE MEMORANDUM OF UNDER-
STANDING REGARDING MEASURES TO MINIMIZE
AND MITIGATE TAKE OF THE COACHELLA VALLEY
FRINGE-TOED LIZARD
INITIATED BY: City Manager's Office
SUMMARY
The City has heretofore entered into a Memorandum of Understanding (MOU) Regarding
Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-toed Lizard with
the other Valley cities. This MOU has expired. The Coachella Valley Association of
Governments (CVAG) has prepared an amendment extending the term of the MOU
through August 2007. Extension of the MOU is critical and will provide regulatory certainty
to developers, property owners and local government that incidental take permits for lawful
development activities outside the designated conservation areas will continue to be
issued.
RECOMMENDATION:
That the City Council approve a Minute Order authorizing the Mayor to execute an
amendment extending the term of the Memorandum of Understanding Regarding
Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-toed Lizard
through August 2007.
STAFF ANALYSIS:
In 1985, the U.S. Fish and Wildlife Service (USFWS) approved the Coachella Valley
Fringe-toed Lizard Habitat Conservation Plan (HCP). This Plan, the second HCP ever
prepared in the United States, created three preserves to protect habitatforthe fringe-toed
lizard, a state and federally listed endangered species, and provided an incidental take
permit under the federal Endangered Species Act for lawful activities outside the reserves.
Page 1 of 2
ITEM NO. ,
As the Coachella Valley has grown over the years, other species and their habitats have
become impacted by human activities. Several species that occur in the Coachella Valley
are now listed as threatened or endangered. A number of other species have been
proposed for listing or identified as candidates for listing. As a result, the original Fringe-
toed Lizard Habitat Conservation Plan has involved into a Multi-Species Habitat
Conservation Plan (MSHCP).
The process of drafting the MSHCP for the Coachella Valley started in the late 1990's. As
an interim measure to provide assurance that incidental flake permits would still be issued
for development activities while the MSHCP was being drafted, CVAG and its members
entered into a MOU with USFWS, California Department of Fish and Game (CDFG), the
Bureau of Land Management (BLM); the U. S. Forest Service (USFS); and the National
Park Service (NPS) regarding the Coachella Valley Fringe-toed Lizard. The purpose of this
MOU was to provide regulatory certainty to developers and local governments that neither
the USFWS nor CDFG would stop issuing take permits effectively suspending
development within the Valley.
CVAG has prepared an amendment extending the term of the MOU through August 2007.
Unless the existing MOU covering the Fringe-toed Lizard is extended, there is a risk that
USFWS and CDFG will cease issuing take permits.
Staff is recommending that the City Council approve and authorize the Mayor to execute
this amendment to provide the necessary assurance that USFWS and CDFG will take no
action against development.
FISCAL IMPACT:
Finance Director Review:
There is no known fiscal impact to the City. If the MOU is not extended there are potential
impacts to private developers and land owners.
Thomas J_ Wilsop', Assistant City Manager
David H_ Ready, Crty Ma r
Attachments:
1. Minute Order
2. Draft Amendment to Memorandum of Understanding
Page 2 of 2
MINUTE ORDER NO.
APPROVING AMENDMENT TO THE MEMORANDUM
OF UNDERSTANDING REGARDING MEASURES TO
MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED LIZARD
I HEREBY CERTIFY that this Minute Order, approving an Amendment to
the Memorandum of Understanding 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 which
was held on the day of July, 2006.
JAMES THOMPSON
City Clerk
DRAFT
MEMORANDUM OF UNDERSTANDING
Between
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS,
COACHELLA VALLEY CONSERVATION COMMISSION, COUNTY OF
RIVERSIDE, CITY OF CATHEDRAL CITY, CITY OF COACHELLA,
CITY OF INDIAN WELLS, CITY OF INDIO, CITY OF LA QUINTA,
CITY OF PALM DESERT, CITY OF PALM SPRINGS, CITY OF
RANCHO MIRAGE, COACHBLLA VALLEY WA3ER DISTRICT,
IMPERIAL IRRIGATION DISTRICT, , CALIFORNIA,.,09PaTMENT OF
FISH AND GAME, UNITED STATES FISH ANDI? LIFE SERVICE,
AND CENTER FOR NATURAL LANDS MANAQ- 'IviEly y,;,
Regardi?1 . <;:,.4.
MEMORIALIZING THE AGREEMENT BETWEEN`;, PARTIES CONCERNING THE
COACHELLA VALLEY MULTIPLE SPECIES� ITAT CONSERVATION
PLAN/NATURAL COMMUNTTI� �TSERVATJON�' �AN AND THE FUTURE
CONSERVATION OF THE COAL �: ,VALLEY FIB ;QE-TOED LIZARD
1. PURPOSE.
J ain'r,€1;�etl,:'aiillFe,
v :,x
The Cities of Cathedral,-tity, CUkhella, Ind ells, Iriclio, La Quinta, Palm Desert, Palm
all mut,pipal co or `ns of the State of California Cities" the
Springs, Rancho N�ir�r rp ttn, ("Cities");
County of Riverside, �"<�,poiiticO];' ubdivision Zfte State of California ("County"); the
Coachella Valley„ Asso pri'' 6 ,&<,::: mwg ala'ents ("CVAG"); the Coachella Valley
I IM�..pFP:"Fr 5
Conservati>�n,bba ffllSSion (`E ',:,`CC"); CNA 91a Valley Water District ("CVWD"); Imperial
IrrigatiQw0bistrict the alifornia Department of Fish and Game ("CDFG"), a
subdivsln of the Caliarrlia ReiYvc'es Agency; the U.S. Fish and Wildlife Service
,i a
( FWS')0,ipd Center for T a$ural L}nds Management ("CNLM") collectively referred to as
T�
"the Parties sn,enter into thisgl emorandum of Understanding ("MOU") for the purpose of
establishing tfii' Obligations;�;f each of the Parties towards the completion of the Coachella
Valley Multiple''Sries EJfiitat Conservation Plan/Natural Community Conservation Plan
("MSHCP") and N':'ohfinued conservation of the Coachella Valley Fringe-toed Lizard
CVFTL" in cog liAnce with both the federal Endangered Species Act 16 U.S.C. §3531 et
seq., as amended ("ESA"), and the California Endangered Species Act, Fish and Game Code
§2050 et seq., as amended ("CESA') .
II. RECITALS
A. WHEREAS, the Cities except for the City of Desert Hot Springs ("DHS"), the
County, CVWD, and III) have approved the MSHCP and related documents
RVFUBVy10UELLE=16075.1 1
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' DRAFT
iand wish to go forward with a multiple species habitat conservation plan
i without DHS;
I
B. WHEREAS, the Parties agree that a revised MSHCP and related documents
eliminating DES from the MSHCP is the appropriate course of action and
support this effort over the next twelve to fifteen months;
C. WHEREAS, the Cities, County, CVAG, CDFG, FWS, and The Nature
Conservancy (TNC) cooperated in the preparation of the Coachella Valley
Fringe-toed Lizard Habitat Conservation Plan (HCP ,, which was implemented
?pw
through an agreement signed by the Cities, Count;FWS, and TNC on April
21, 1986 ("HCP Agreement"); °'s''"'
Ab'
D. WHEREAS, FWS issued an ESA Se iorl; 10(a),M ldental take permit
("Permit") to the Cities and County;fi 'F'aathorize take" ,CVFTL resulting
1T0m land development and other acE vifies covered by the HOS '�,
E. WHEREAS, CDFG did not sign~tha4,1CP,,,b'Fupthome inc} 2ntal take of
CVFTL associated with the HCP becaii5kpermitting process had not been
established under CESA at the time the' P was developed, but CDFG
nonetheless participated tpguplementation oe' ICP;
F. WIMREAS, the Parties enred%alxvrandum• if Understanding on March
21, 2001 whereby CDFG may a, ter[ix'1QfiW:pursuant to Section 2080.1 of
y���,� k9, •rB." FSd
the Fish ae,Code findiri .that the FCTS permit in combination with the
"a"' . uK
mitigati�i'n provt 'et`i in the Me rtY randum of Understanding is consistent with
CE$
R
q,3'i Jee
G. L3EIZEAS;'t3ie 'ai ties"K eKNt�morandum of Understanding agreed that the
'Q"ili•.`l,lli�.•4tw sy �n1:k;�i
ai^ "C can bi st£K e protected y inclusion of the species in the MSHCP, but
•,n desiret7 xhtacertath' Measures be implemented on an interim basis to protect
"
n ,<e ' the CVFI Eh atil the A TCP is in place;
R 14`t,isQ t �{W
Sui
fl. at Memorandum of Understanding, as subsequently amended
e ru ed June,-*, 2006;
1. WHEsS, the Parties to that Memorandum of Understanding have
co withits terms and conditions; and
1, WHEREAS, the Pareies desire to maintain the Permit for the CVFTL in effect
until the revised MSHCP and related documents can be prepared and
incidental take permits issued by the FWS and CDFG.
III. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING:
A MUTUAL OBLIGATIONS OF ALL THE PARTIES:
RV PUBIMOUELLB'M\7]6V5.1 2
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DRAFT
1. The Parties agree that during the term of this MOLT, the CVCC, in
cooperation with CNLM, will diligently pursue acquisitions necessary
to protect CVFTL habitat, and the sand source and sand transport areas
required for the maintenance of CVFTL habitat in the MSHCP
Conservation Areas,
2. The Cities, County, CVAG, CVCC, CVWD, III) FWS, and CDFG
shall diligently work to take such actions as are necessary to obtain
state and federal permits under the MSHCP to provide for
conservation of the CVFTL and other species;°
!+i i.•n
B. �OYB�LIGATIONS OF THE CITIES, COUN ', CF�� � CVCC, CVWD, and
1 1 IJ
1. During the term of this MOB;the Cities and the Coistj :shall consider
adoption of an open space'A Ration fie based on a Nd ;S;V`tudy to be
prepared by CVAG and/or i."C', tha";e Sting mitigatiotl fee for the
CVFTL based on a Nexus Stu ',•!31'o be prepared by CVAG. The,-
combination of the fees is anticipaf6a' a be between S2,000 and $3,000
per acre.
2. During, the term of tt%,S MQL?, tIY' �1s" and the County shall submit
aIIT pment projectproposed iii''the MSHCP Conservation Areas
the C for the ]Critic rim Project Review process; and the Cities
y: #•x
; w°astd„the Cpiznty shall us est efforts not to approve development in
CCi` elvatfiaz� MQreas that i5i>'determined through the Interim Project
ReVIe '°p',)rote's'S,' tA',G l „�(1'nGORSIStent with the MSHCP Conservation
ra,K�bjectIV F„, Any proj6d that, as of June 30, 2006, has a consistency
<' i?" a'ilalysis a"Y' , r,an, approved Memorandum of Understanding for Like
Eiccl`ange and%7r'Transfer of Take that demonstrates the project is
ft
consistent witli the MSHCP Conservation Objectives is deemed to
"•:<;u,',Fs,, have heady satisfied this condition.
3. ''Rk,,CVAG shall continue to be the lead agency for the MSHCP and take
w;<,a1�s�4, -"
appropriate actions necessary to revise the MSHCP and related
,r,documents to eliminate DHS from the MSHCP. CVAG will use its
best efforts to have completed this process within twelve months from
the date of execution of this MOU.
4. The Cities, the County, CVWD, and AD acknowledge that their
respective decision makers have already approved the MSHCP
approved by CVAG on February 6, 2006. The Cities, the County,
CVWD, and MD also acknowledge that in order for the MSHCP to be
revised, and the Permits to be issued, in an expeditious manner, few
RVPUBII MOUELLE=716075.1 3
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DRAFT
changes if any can be made to the documents besides the elimination
of DHS, changes reflecting the Memoranda of Understanding with
Indio and Palm Springs approved by the CVCC prior to Tune 30, and
the inclusion of the policies adopted by CVCC prior to June 30,
Therefore, the Cities, the County, CVWD, and III) agree that
additional substantive changes will not be requested for the documents
besides those anticipated in this MOU or otherwise required by law-
C. OBLIGATIONS OF FWS:
Fiio-, •S''•i
1. FWS agrees it will not suspend or revol-011ie Ct/FTL Permit during
r.
the term of the MOU so long as the P1'f ,comply with the terms of
the Permit and this MOU.
D OBLIGATIONS OF CDFG:
1. CDFG agrees that its c�pA0S4'ency detwrnination purslt to Section
2080.1 of the Fish and Game e re�8icling the FWS 7, " TL Permit
shall remain in effect during g of this MOU so ]on as the
n '
Parties comply with the terms of tti pnit and this MOU.
.I'm ki Rf xvn
E. OBLIGATIONS OF CNL ki#,Fegs3,gy;, r,iuk;;ti+`
L CNLM agrees to cbnsW 1'wit r f fiYCC regarding the setting of
apOW9.1tt�0-p priorities ai t.;the expendtture of CVFTL mitigation fees.
rV. TERM OF11 OU Ok
This MOU shall,take effecuta 1Ti°e tlith' ned and shall expire on August 31, 2007 or
upon issua ib6`br 0,R and C J G of incidental take permits :For the MSHCP, whichever
occurs Cast.
2 i
V. ANDMENT
VIFj<Qi � #�;
This MOU rn`i%,amended' ith the written consent of each of the Parties to the MOU.
,.,
;:nFf YP i,'p
VI ELECTED CV L' LS 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.
VII, 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 Patties.
RVPLIHWOUELLE1TE1716075.1 31 4
DRAFT
VIII. THIM PART BENEFICLkMS
Without Iimiting 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 party 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.
IX. RELATIONSHIP TO ESA, CBS., AND OTHER AUTILCitT)If S
SM
a Ala'i;,,�;,.
The terms of this MOU shall be governed by and considered '
ac','dance with ESA, CESA,
and other applicable laws In articular, nothing � Y,„x
pp p g in ,,khis°'`'�v10L7 is";ntended to limit the
authority of FWS to seek penalties or otherwise fulfalt'IA rresponsibili£ii Sounder ESA, or to
<»q
limit the authority of CDFG to seek penalties or�'i�'f"herwise fulfill its resp.;,fa�sbilities under
CESA. Nothing in this MOU is intended m,<'9 9.,or dim'pish the legal csl j gations and
;<',.
responsibilities of FWS as an agency of the FederaTlg8!,ernzneY&or of CDFCr as"an agency of
the State of California. "
%•`tit 7E'i%%
X CONCURRENCE
of this M. U aiI`c ` ll,each work diligently to ensure its
The Parties agree to the terms
successful implementation as evidenced'9by ;s"rgnatiS,ipf their respective authorized
representatives below- AAMMMMa
^n', '�isi'iu'•
UNTIED STATFS,14SH,AND LDLIFE SEFZ ICE
MM; ,
4Nd% Ftt�'%»ip
bate;
DeputyM'+ Lnager
Unite&5 tes Fish and I',1ife 5ei re`a
Californi3`evada Operat }fi OfFiceta'
Sacramemd',,` lifornia '"f,M
aii'n
aroij7igii �d'
CALTFORNIA DE?i; ,DENT OFFISH AND GAME
Date.-
Deputy Director
Habitat Conservation Division
California Department of Fish and Game
Sacramento, California
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CALIFORNIA DEPARTMENT OF FISH AND GAME
Date:
Regional Manager
Eastern Sierra and Inland Deserts Region
California Department of Fish and Game
Los Alamitos, California
6°f
CALIFORNIA DEPARTMENT OF FISH.AND GAME
f:.
ate,',,
General Counsel (approval as to form) AM a„ %;,a'
California Department of Fish and Game
Sacramento, California
COACHELLA VALLEY ASSOCIATION OF g;�TSV
S•,(F�y4
V ;5;,
Chair of the Executive Committee
Coachella Valley Association of Governments Ni 'gg�
Palm Desert, California "
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COACHELLA VAI'4$'t'CdRWRVATION MMISSION
�'Fhf6# Sf<a �sf 1�
�tlFtt�,,n iw1,Ycw,u'M;?'",?n :F?` '��;iuMu'r.''•.3'fi'i?Sfrx, 'F't
Date:
ChairNY
Coachelj�Malley C nsgyation ission~
Palm,,M ert, California's=�'�'`
RIVERSJb >COUNTYBOPD 0'F SUPERVISORS
r u<,<
AW
Date:
Chair of the Board 6P'bpervisors
Riverside County Board of Supervisors
Riverside, California
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CITY OF CATHEDRAL CITY
Date:
Mayor
City of Cathedral City
Cathedral City, California
r,*
CITY OF COACHELLA
ti%<ixl
1'k `Date:
Mayor
City of Coachella i °,;;,,
Coachella, California
CITY OF INDIAN WELLS
f kn
MayorAV
City of Indian Wells a �'''*_ p
Indian Wells, California' %a. ;
E,gro
CITY OF INDIO
"Np�i�<<i'w'+n,�
Date:
y :Fur'
Cit c6'f titip
;,;;
Indio, Calrf6mia
Mg,
CITY OF LA :gFa„w A
Q�i�,:'� dp`s
Date:
Mayor
City of La. Quinta
La Quinta, California
CITY OF PALM DESERT
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Date:
Mayor
City of Palm Desert
Palm Desert, California
CITY OF PALM SPRINGS
Date:
Mayor
City of Palm Springs ��.�
Palm Springs, California
to
CITY OF RANCHO MIRAGE i a%
.s: .;LpasA,;
"t ijiGe'y •
Mayor
City of Rancho Mirage ';;,,, ,, z<<,
Rancho Mirage California
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IMPERIAL IRRIGATION DISTRICT
Date:
Chair
Imperial Irrigation District
Imperial, California
COAU ELLA VALLEY WATER DISTRICT
SjK'%k.
1lLWeiiT'';'Sii
Chair
Coachella Valley Water District
Coachella California69,
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CENTER FOR NATURAL LANDS MANAGENI ]�I ``-
n %K ky
]ate
Executive Director
al' i ;f Y,Y d a -
Center for Natural Lands Management s°%,
Fallhrool, CaliforniaF, '
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