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Home My WebLink About12/17/2003 - STAFF REPORTS (25) ;i- DATE: December 17, 2003 TO: City Council FROM: Director of Planning &Zoning AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN 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, RECOMMENDATION: Staff recommends that the City Council adopt a Minute Order approving the attached Amendment to Memorandum of Understanding (MOU) extending the ending date from December 31, 2003 to March 15, 2005. ANALYSIS: The referenced MOU identifies the agreed upon measures to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard (CVFTL). This MOU was agreed to among the CVAG jurisdictions and representatives from the California Department of Fish and Game and the Fish and Wildlife Service of the Coachella Valley Association of Governments Executive Committee. This amendment simply extends the MOU date from December 31, 2003 to March 15, 2005. It is in the City's and property owner's interest to approve the MOU and continue participating in the CVFTL Habitat Conservation Program. See attached letter for additional background. rf�6�/ YL fes,�i✓,� Director of Qd6nning and Zoning City Manager ATTACHMENTS: 1. November 24, 2003 CVAG Letter 2. MOU Amendment 3. Minute Order C7 CVAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells • India • La Qwnta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Ague Caliente Band of Cahuilla Indians • Cahazon Band of Mission Indians • Torres Martinez Desert Cehwlla Indians November 24, 2003 Mr. David Ready City Manager City of Palm Springs 3200 Tahquitz Way Palm Springs, CA. 92262 Dear Mr. Ready: The enclosed Amendment to the Memorandum of Understanding(MOU)Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-toed Lizard,dated October 24,2003 requires your imrnediate attention. This MOU extends the ending date of the existing MOU from December 31,2003 to March 15,2005. Your jurisdiction must approve this MOU by December 31, 2003 to continue to be a party to the MOU. Some background on this issue:In 2001,in response to possible action by the United States Fish and Wildlife Set-vice(F WS) to suspend or revoke the permit associated with Coachella Valley Fringe-toed Lizard Habitat Conservation Plan(CVFTL HCP),CVAG and its member jurisdictions,entered into a Memorandum ofUnderstanding committing FWS to not take action to suspend orrevoke the CVFTL take permitwhile the Coachella Valley Multiple Species Habitat ConservationPlan inbeing developed. The California Department of Fish and Game(DFG)was not a party to the original CVFTL HCP and under this MOU committed to making a determination pursuant to Section 2080.1 of the Fish and Game Code,that the original permit along with the additional mitigation measure in the MOU was consistent with the California Endangered Species Act. The original MOU had an expiration date of Septemberl, 2002 which was later extended until December 31, 2003. Extension of the MOU until March 15,2005 will continue the assurance that no action will be taken,providing regulatory certainty to developers and local govermments while the CVMSHCP is completed. We currently expect the CVMSHCP to be permitted by the end of 2004. Please have the Mayor sign the documents and return them to me so that I may obtain the remaining signatures, If you have any questions or need further information regarding this agreement please call me at(760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF GOVE MENTS RRY M. GODFREY Administrative Services Assistant cc: Jim Sullivan, Dir. of Environmental Resources 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • [760) 346-1127 FAX [760] 340-5949 October 24, 2003 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. II. EXTENSION OF TERM OF MOU: The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on, March 15, 2005 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 December 31, 2003. 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 DATED: CITY OF DESERT HOT SPRINGS ATTEST: By DATED: CITY OF INDIAN WELLS ATTEST: By Page 2 c� y 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 DATED: CITY OF RANCHO MIRAGE ATTEST: By DATED: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ATTEST: By Page 3 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 C2 MINUTE ORDER NO. ADOPTING AN AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN 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. I HEREBY CERTIFY that this Minute Order, adopting an Amendment to Memorandum of Understanding dated March 21, 2001, between 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, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 171" of December 2003. PATRICIA A. SANDERS City Clerk