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HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 2O CVAG FECEIVED MAR 082006 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells Indio • La Quints • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Ague Caliente Band of Cahuilla Indians Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians March 3, 2006 '1 Mr. David Ready r�G� City Manager / City of Palm Springs 3200 Tahquitz Way , Palm Springs, CA. 92262 Dear Mr. Ready: The enclosed extension ofthe Memorandum of Understanding(MOU)for the Coachella ValleyFringe- Toed Lizard Habitat Conservation Plan requires your immediate attention. This was approved by the Executive Committee on February 27, 2006. Please place this on your Council/Board agenda for consideration as soon as possible. Extension ofthe MOU until June 30,2006 will continue the assurance that no action will betaken against the existing CVFTLHCP permit,providuigregulatorycertaintyto developers and local govemmentwbile the CVMSHCP is completed. BACKGROUND:This MOU was originallypassedbythe Executive Committee onMarch 27,2001 and has been extended twice. It's purpose is to assure that the United States Fish and Wildlife Service(FWS) will not act to suspend or revoke the existing permit allowing development in the habitat ofthe Coachella Valley fringe-toed lizard while the jurisdictions ofthe Coachella Valley are working in good faith to develop the Coachella ValleyMultiple Species Habitat Conservation Plan. The CalifonuaDepartmentofFishand Game(DEG)was not aparty to the original CVFTL HCP and under this MOU made a detennination pursuant to Section 2080.1 of the Fish and Game Code that the original CVFTL HCP with the additional mitigation measures of the MOU was consistent with the California Endangered Species Act. The main points of the original MOU are: 1) Removal oftwo areas within thejurisdiction of the County ofRiverside from coverage wider the takd permit of the CVFTL HCP. The County agreed to refer all applicants for conlstructionpermits(grading and building permits fornew primary structures)to the Resource Agencies in order to obtain take authorization. Written authorization to take the Coachella Valley fringe-toed lizard is required from the applicant prior to issuance ofthe construction permit. 2) Increasing the mitigation fee to$600 per disturbed acre to acquire land within the areas Item No. 2 . 0 . 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • [760) 346-1127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS removed from coverage under the take permit of the CVFTL HCP. 3) The Cities, County, CVAG, FWS and DFG shall diligently work to complete the CVMSHCP. I have enclosed one original document and 14 signature pages.Please have the Mayor sign all pages and return them to me so that I may obtain the remaining signatures. When complete I will send you an executed original for your records. If you have any questions or need further information regarding this agreement please call (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF GOVERNME TS MARY M. GODFREY Administrative Services Assistant cc: Jim Sullivan, Dir. of Environmental Resources MINUTE ORDER NO. APPROVING AMENDMENT NO. 4 TO AGREEMENT NO. 4366 MEMORANDUM OF UNDERSTANDING REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD EXTENDING THE AGREEMENT TO JUNE 30, 2006 I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order Approving Amendment 4 to Agreement No. 4366 Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-Toed Lizard, to extend the term to June 30, 2006 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of March, 2006. James Thompson, City Clerk February 9, 2006 AMENDMENT TO MEMORANDUM OF UNDERSTANDING Among THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD 1. AMENDMENT OF PRIOR MOU: As to the rights and obligations of the signatories hereto, the Memorandum of Understanding Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-Toed Lizard (MOU) previously executed by the Parties on or about May 30, 2001 is hereby amended. If. EXTENSION OF TERM OF MOU: The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on, June;30, 2006 or upon issuance by FWS and CDFG of take authorizations for the MSHCP, whichever occurs first. III. MISCELLANEOUS: A. All other terms and conditions of the MOU shall remain in full force and effect. B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to the MOU. C. The terms used herein shall have the same meaning as defined in the MOU. Page I DATED: CITY OF CATHEDRAL CITY ATTEST: By DATED: CITY OF COACHELLA ATTEST: By DATED: CITY OF DESERT HOT SPRINGS ATTEST: By DATED: CITY OF INDIAN WELLS ATTEST: By DATED: CITY OF INDIO ATTEST: By DATED: CITY OF LA QUINTA ATTEST: By Page 2 DATED: CITY OF PALM DESERT ATTEST: By DATED: CITY OF PALM SPRINGS ATT'.EST: By _ APPROVE[���Y -F©RM: DATED: CITY OF RANCHO MIRA� Title: ATTEST: By DATED: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ATTEST: By DATED: COUNTY OF RIVERSIDE ATTEST: By Page 3 DATED: CALIFORNIA DEPARTMENT OF FISH AND GAME ATTEST: By DATED: U. S. FISH AND WILDLIFE SERVICE ATTEST: By DATED: CENTER FOR NATURAL LANDS MANAGEMENT ATTEST: By Page 4