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HomeMy WebLinkAbout2006-02-15 STAFF REPORTS 2H 02/14/200S 13:51 4154369603 CENTER PAGE, 01104 Y CENTER FOR BIOLOGICAL DIVERSITY PACSIMILE TRANSJMITT.AL SA LET TO: FROM: James Thompson City Clerk Lisa Belenky CO1vIPANY: DATE: CUY ox PALM SPRINGS FEBRUARY 14,2006 FAX NUMBER: TOTAL NO. OF PAGES Fax: 760-322-8332 INCLUDING COVER RE: February 15,2066 City Council Consent Calendar Agenda Item Nnmber 214_ Contract Between,the City and the U.S.Fish and Wildlife Service to Process a Section 7 Permit for the Shadowroek Development Project ❑URGENT ❑FOR REVIEW ❑PLEASE COMMENT El PLEASE REPLY ❑PLEASE RECYCLE CC: Fax to: Teresa O'Rourke U.S. Fish and Wildlife Seiveie Carlsbad Fish and Wildlife Office 6010 Hidden Valley;Road Carlsbad, CA 92009 Fax: 760-491-5902 Curt Taucher California Department of Fish and Garne , Eastern Sierxa—Inland Deserts Region 4665 L ampson Avenue, Suite J Los Alamitos, CA 90720 Fax- 562-799-3629 If there is any problem,with this transmission, please call (415) 436-9682 x 307. Tucson • Silver City • San Diego • Portland, OR • Phoenix • San Francisco • Joshua Tree • Washington, DC Lisa Belenky, Staff Attorney 1095 Market Street, Suite 511 • San Francisco, CA 94103 TEL.: (415) 436-9682 X. 307 • FAX! (415)436-9683 Email: Ibelenky@biologicaldiversity.org • www.biologicaldroersity.org 02/14/2006 13: 51 4154369603 CENTER PAGE 02/04 CENTER FOR BIOLOGICAL DIVERSITY YL4 ELECTRON,(CMAIL A[VD FACSIMILE TTX4NSMISS ON(TO 2'IIE CITY CLERIC) February 14; 2006 City Counsel, City of Palau. Springs Ron Oden, Mayor Ron0@ci.palm-springs.ca.us Ginny Foat,Mayor Pro Tem gbwyf@ci.palm-springs.ca.us Mike McCulloch, Councilmember michaeJm@ci.palm-springs.ca.us Chris Mills, Councilmember chrism@ci.palm-Springs.ca us Steve Pouguet, Counoihnember stevep@ei.palru-spri ngs.ca.us James Thompson, City Clerk CilyClerkQci.pal gas prings.ca.us; J'ayT@ci.pahn-springs.ca.us Fax: 760-322-5332 Re: Februw)y 15, 2006 City Council Consent Calendar Agenda Item Number 2H: Contract Between the City and the U.S.Fish and Wildlife Service to Process a Section 7 Permlt for the Shadowrock Development Project 5.0609 Dear Council Members, I ant writing on behalf of the Center for Biological Diversity (the"Center") and the Sierra Club ("Sierra Club") regarding Consent Calendar Agenda Item Number 2H: Contract Between the City and the U.S. Fish and Wildlife Service to Process a Section 7 Permit for the Shadowrock Development Project 5.0609 on the February 15, 2006 City Council agenda. The Center and the Sierra Club request that the City Council remove item 2.H from the consent calendar for the February 15, 2006 City Council meeting and schedule a frill discussion Tucson - Phoenix •San Francisco • San Diego • Las Angeles •Joshua Tree •Pi nos Altos •Portlan0 Washington, DC Lisa Belenky, Staff Attorney 1095 Market Street, Stiite 511 • San Francisco, CA 94103 Tel.: (415) 436-9682 exE. 307 e Fax: (415) 436-9683 Email Ibelenky@biclogicaidiversity.org• www.biologicaldiversily.org 02/14/2006 13:51 41543696003 CENTER PAGE 03/04 of this matter for a fuhrre meeting. This issue is not appropriate to the consent calendar because it involves the use of City funds of up to$'100,000 to support a private development project. Given the history of the Shadowrock development project and the public controversy surrounding it, the City Council should provide detailed information to the public before con$idering Illy discretionary actions it considers regarding the project and provide.a time for public comment. Both the Center and the Sierra Club oppose the ill-conceived Shadowrock development project along Chino Creek in the City of Palm Springs. The-proposed projeot will,directly impact 1 the hydrology and water quality in Chino Creek and other unnamed,tributaries to the Wbitewater River and will have adverse impacts on several tbreatened and endangered species including the Peninsular bighorn sheep, the desert tortoise, and the least.Bell's vireo. Preservation of the riparian corridors and native vegetation on this site may prove critical to the eventual recovery of rare, threatened, and endangered species throughout the region. l As the Sierra Club and the Center have previously brought to the City's attention, the Development Agreement for the project(Ord.No. 1460,November 17, 1993), has expired and there is no longer a valid City approval for this project. See, e.g., Letter to Craig Ewing, Planning Department, and David Barakian, City Engineer, dated October 10, 2005. All of the pending issues regarding the Shadowrock development project's legal status must be disclosed to the public and the City Council must provide time for public comment before the City Council considers the current proposal to use public funds to push this project forward. Moreover, it is entirely unclear why the City would enter into a contract to spend public funds in this manner=to induce a federal agency to comply with existing law and timelines. Pursuant to the regulations adopted to implement the Endangered Species Act, a biological opinion must generally be provided within 135 days of formal consultation being initiated, See 50 CFl2 402-14 (providing 90 days to complete formal consultation plus 45 days to provide a biological opinion). While it is true that the U-S. Fish and Wildlife Service often takes longer than the time allotted by the regulations to provide biological opinions, the C4's attempt to use tip to S100,000 of public hinds to influence the priority system established by the Service for providing biological opinions represents both an unwise use of public Hinds and is potentially unlawful• If the City Council insists on moving forward with this proposal to spend up to $100,000 of public funds it must first provide full public disclosure of all of the relevant issues and allow time for public cormuent and debate, Thank you for your prompt attention to this matter. The Center and the Sierra Club look forward to,a full and open discussion of these issues at a fixture City Council meeting. Sincerely, /s/ L/ isa Belenky Staff Attorney Re: February 15, 2006 Consent Calendar: Shadowrock Development Project ' Page 2 February 14, 2006 02/14/2006 13: 51 4154369603 CENTER PAGE 04/04 CC: Teresa O'Rourke U.S. Fish alzd Wildlife Servcie Carlsbad Fish and,Wildlife Office .6010 Hidden Valley Road Carlsbad, CA 92000 Fax:'760-431-5902 Curt Taucher . California Department of Fish and Game Eastern Sierra--.Inland Deserts Rcgion 4665 Lainpsou Avenue, Suite J Los Alamitos, CA 90720 Fax: 562-799-3629 Re: February 15, 2006 Consent Calendar: Sbadowrock Development Project Page 3 February 14, 2096 �� QA�M Spp A. 'L lJ N w w U 01�OMT 'O` c'40FOVt City Council Staff Report DATE: February 15, 2006 CONSENT AGENDA SUBJECT: CONTRACT AGREEMENT WITH U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE FOR A CONTRACT TO PROCESS A SECTION 7 PERMIT FOR THE SHADOWROCK DEVELOPMENT PROJECT 5.0609 IN THE CITY OF PALM SPRINGS. FROM: David H. Ready, City Manager BY: Thomas J. Wilson, Assistant City Manager— Development Services SUMMARY Staff is requesting that the Council approve a contract with the U. S. Department of the; Interior Fish and Wildlife Service for a contract to process a Section 7 Permit for the; Shadowrock Development Project 5.0609 in the City of Palm Springs. RECOMMENDATION: 1) Adopt Minute Order No. approving a contract with the U. S. Department of the Interior Fish and Wildlife Service for a contract to process a Section 7 Permit for the Shadowrock Development Project 5.0609 in the City of Palm Springs not to exceed $100,000.00. 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. STAFF ANALYSIS: The City has received a proposal from the U.S. Department of the Interior Fish and Wildlife Services (copy attached)to provide for the processing of a Section 7 Permit for the Shadowrock i I Page 1 of 2 ITEM NO. I I Development project 5.0606 not to exceed $100,000.00. Staff is recommending that the U.S. Department of the Interior Fish and Wildlife Services be retained to provide for the City's Planning Department the Section 7 Permit. FISCAL IMPACT: Finance Director Review: ; o There is no fiscal impact to the City as the project applicant has already deposited all funds for the processing of this Section 7 Permit . Thomas J. Wilhon, Assistant City Manager- Development Services David H. Ready, City Man r Attachments: 1. Minute Order 2. U.S. Department of Interior Fish and Wildlife Service Contract Page 2 of 2 MINUTE ORDER NO. APPROVING A CONTRACT WITH U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO PROCESS A SECTION 7 PERMIT FOR THE SHADOW- ROCK DEVELOPMENT PROJECT 5.0609 IN THE CITY OF PALM SPRINGS. I HEREBY CERTIFY that this Minute Order, approving a contact with the U.S. Department of the Interior Fish and Wildlife Services to process a Section 7 Permit for the Shadowrock Development Project 5.0609 in the City of Palm Springs not to exceed $100,000.00, was adopted by the City Council of the City of Palm Springs, California, in a meeting which was held on the day of February, 2006. JAMES THOMPSON City Clerk i 1.City of Palm Springs City of Palm Springs Shadowrock AGREEMENT BETWEEEN Agreement#: CITY OF PALM SPRINGS 2.U.S.F.W.S,Agreement#: GRA-2006-1943-1004 AND U.S. DEPARTMENT OF THE INTERIOR 3.Total Agreement Amount: $100,000 FISH AND WILDLIFE SERVICE 4.Effective Date: Upon signature 5a.CITY OF PALM SPRINGS ORGANIZATIONAL 6a. FISH&WILDLIFE SERVICE DATA(ADDRESS,oFFICE] DATA[ADDRESS,OFFICE] U.S. Fish and Wildlife Service City of Palm Springs Carlsbad Fish and Wildlife Office 3200 Tahquitz Canyon Way 6010 Hidden Valley Road Palm Springs, CA 92262 Carlsbad,CA 92009 760.323.8299 760-431-9440 fax 760-431-5902 Fax 760.322.8360 5b.Select One: X Buyer Seller 6b.Select One: _Buyer X Seller 5c.DUNs#: 072522006 6c. DUNS#: 1949149801 7.PROJECT TITLE: Prioritized and expedited processing of the section 7 permit for the City of Palm Springs Shadowrock Project 8.SCOPE OF WORK IDETAIL THEBACKGRouND,PURPOSE, SPECIFIC OBLIGATIONS OF EACHPARTY-USEADDITIONAL PAGE(S)IFNECESSARY] The scope of work is described in Attachment A. The City of Palm Springs will provide payment for the work performed by the U.S. Fish and Wildlife Service(USFWS)as described in Attachment A. The USFVV'S will perform the work described in Attachment A. 9.SPECIAL PROVISIONS: (1)THIS AGREEMENT MAY BE MODIFIED BY MUTUAL CONSENT OF BOTH PARTIES. (2)IT MAY BE TERMINATED BY 30-DAY PRIOR WRITTEN NOTICE BY EITHER PARTY. ALLOWABLE COSTS INCURRED THROUGH DATE OF TERMINATION SHALL BE REIMBURSED UNDER THIS AGREEMENT. Should disagreement arise on the interpretation of the provisions of this agreement or amendments and/or revisions thereto,that cannot be resolved at the operational level,the area(s)of disagreement shall be stated in writing by each party and presented to the other party for consideration.If agreement on interpretation is not reached within thirty(30)days,the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution. A�i 10. CITY OF SANT`EE PROJECT OFFICER(NAME,OFFICE,ADDRESS, 11.USFWS PROJECT OFFICER(NAME,OFFICE,ADDRESS.PHONE,FAX, PHONE,FAX,E-MAIL] E-MAIL] Director of Planning Services Therese O'Rourke Attn: Loretta Moffett U.S.Fish and Wildlife Service City of Palm Springs Carlsbad Fish and Wildlife Office 3200 Tahquitz Canyon Way 6010 Hidden Valley Road Palm Springs,CA 92262 Carlsbad,CA 92011 760.323.8299 760.431-9440 fax 760431-5902 Fax 760.322.8360 12.PERIOD OF PERFORMANCE: This Agreement shall become effective upon signature by the Parties and remain in effect until SEPTEMBER 30,2006. This agreement may be extended beyond the date above, upon written approval from both Parties. 13. ESTIMATED PRICE/COSTS: SEE BLOCK 3 Funds in the amount of$100,000 are available to do the work as identified in the Scope of Work(see Block 8)and for the period specified in Blocks 4 and 12 above. This is a set amount that will be used by staff working on this project and will offset costs for other staff whose workload has been shifted to accommodate the expedited section 7. i 14a.METHOD OF PAYMENT AND BILLING INSTRUCTIONS: A. Upon signature of this agreement,the City of Palm Springs shall provide the USFWS payment of $100,000 B. Payment will be made directly to the USFWS,and will note the project number of this Agreement. Payments will be directed to: U.S.Fish and Wildlife Service Division of Budget and Finance Attn: Michael Knowles 911 NE I I1h Ave. Portland,OR 97232-4181 503-231-2242 C. Upon completion or termination of this Agreement,no refund will be made unless the Service has failed to complete the analysis. 14b.BILLING SCHEDULE:ISELECTONE) MONTHLY, _QUARTERLY, SEMI-ANNUALLY, X OTHER(SPEcIFvt Advance payments per No. 14a.above. 14c. CITY OF PALM SPRINGS BILLING CONTACT(NAME. 14d. USFWS BILLING CONTACT#FDIFFERENrrHANSOX 19A,PROVIDE. OFFICE ADDRESS,PHONE FAX,E-MAIL) NAME,OFFICE,ADDRESS PHONE,FAX,E-AIAILI Director of Finance and Treasurer Ms.Sue Fahey City of Palen Springs U.S.Fish and Wildlife Service 3200 Tahquitz Canyon Way Carlsbad Fish and Wildlife Office Palm Springs, CA 92262 Carlsbad,CA 92011 760.323.8299 760-431-9440fax 760-431 760.322.8360 15.AUTHORITY:[CITEAPPLICARLEAUTHORITY TOENTER INTO THISAGREEMENT,I.E.ECONOMYACTOF 1932(31 USC 1535)] Intergovernmental Cooperation Act of 1968 16a.AUTHORIZING OFFICIAL FOR CITY OF PALM 16b.AUTHORIZING OFFICIAL SIGNATURE 16c.DATE SPRINGS INAME TITLE ADDRESS,PHONE,FAX,5-MAIL) Mr.Ron Oden City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs,CA 92262 760.323.8299 760.322.8360 16d.AUTHORIZING OFFICIAL FOR USFWS INAME TITLE 16e.AUTHORIZING OFFICIAL SIGNATURE 16f.DATE ADDRESS,PHONE,FAX,E-MAIL] /G4� Mr.Paul Henson Acting �� � ✓�,%� _ � � �f6(y Assistant Manager, Ecological Services Califomia/Nevada Office 2800 Cottage Way,Suite W 2606 Sacramento,CA 95825-1846 /S/ Michael Fris Attachment A Scope of Work and Deliverables for U.S. Fish and Wildlife Service Staff Funding for the City of Palm Springs/Shadowrock Development The Service will be responsible for prioritized and expedited processing of the section 7 permit for the Shadowrock Project. This will require qualifying this project as the highest of priority for the assigned staff. The incumbent will coordinate within the USFWS (management, GIS, external affairs, data management, etc.) to complete the tasks necessary for processing of the section 7 biological opinion. Specifically, the Service will: 1. Work with the USFWS staff supervisors and staff, the California Department of Fish and Game (CDFG), and other responsible federal, state and local agencies as appropriate (a)to review and analyze the project and (b) work with the proponent to identify issues that need resolution and incorporate these resolutions into the biological opinion. 2. Work with the private landowners, local government agencies, CDFG, and other state and federal agencies, as appropriate, to provide technical assistance and assist in the coordination of other regulatory permits. 3. Work and maintain regular communication with the immediate supervisors and other USFWS staff and coordinate with other USFWS programs and activities (management, GIS, external affairs, data management, etc.) to effectively carry out the duties described above, keep supervisors and staff informed, and compete the tasks necessary to expedite the section 7 process. Deliverables: The Service will provide the following work products: • Review of the project description and written responses to the project. • Identification of changes needed to the project to meet the various regulatory requirements. • Monthly update to the City of Palm Springs, or their designee, regarding information needs, clarifications and unresolved issues. • Analysis of the proposed project and associated documents for review, and a section 7 permit, provided all information needed to process the permit is provided. • If the all the information needed to process the permit is not made available, , a document stating what is needed to complete the analysis will be provided. The City will provide the following: • A designated contact for information and negotiations (either a City employee or the City designee). • All of the documentation necessary to process the section 7 permit including the all documents and information requested by the Corps and CDFG, and the Service. • Funding for the expedited processing of the section 7. • Meet the deadlines for documents requested by the agencies involved. Failure to meet these deadlines may result in a delay in the processing of permits. • Meet any deadlines mutually agreed upon by the Service and the City. This agreement is an agreement to do analysis. It will be done in an expedited manner. If the analysis determines that the project is non jeopardy, the biological opinion will be issued within 135 days. If a jeopardy conclusion is reached, the timeframe will not be under control of the Carlsbad office, and may take longer than 135 days.