HomeMy WebLinkAbout4/6/2005 - STAFF REPORTS (10) CITY COUNCIL April 6, 2005
CONSENT CALENDAR
Subject: Amendment to the Memorandum of Understanding 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 February 1, 2006. 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 February 1, 2006.
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 habitat for the 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.
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 take 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.
The current MOU expired on March 15, 2005. CVAG has prepared an amendment
extending the term of the MOU through February 1, 2006. Although the draft MSHCP
was recently released for public review, it will be some time before it will be formally
adopted by CVAG and its members. 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:
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.
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Tr 'yL Butzla��A�,slstant City Manager David H. Ready, City M4 er
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Attachment:
1. Minute Order
2. Amendment to Memorandum of Understanding
z
February 1, 2005
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.
H. EXTENSION OF TERM OF MOU:
The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on,
February 1, 2006 or upon issuance by FWS and CDFG of take authorizations for the MSHCP,
whichever occurs first. The extension of the term of the MOU shall be applicable only as to those
jurisdictions that execute this amendment on or before April 30, 2005.
Page 1
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.
DATED: CITY OF CATHEDRAL CITY
ATTEST:
By
DATED: CITY OF COACHELLA
ATTEST:
By
APPROV AS TO F M:
DATED: _ CITY OF DESERT HOT SPj �/ j
By: (/� 6
ATTEST: Title:
By
DATED: CITY OF INDIAN WELLS
ATTEST:
By
Page 2
ti
DATED: CITY OF INDIO
ATTEST:
By
DATED: CITY OF LA QUINTA
ATTEST:
By
DATED: CITY OF PALM DESERT
ATTEST:
By
DATED: CITY OF PALM SPRINGS
ATTEST:
By
APPROV S TO FORM:
DATED: CITY OF RANCHO MIRAGE
By:
ATTEST: We:
By
DATED: COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
ATTEST:
By
Page 3
i
DATED: COUNTY OF RIVERSIDE
ATTEST:
By
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
MINUTE ORDER NO. 7652
APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN 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 and authorizing the
Mayor to execute 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 thereof held on the 61h day of April, 2005.
JAMES THOMPSON
City Clerk