HomeMy WebLinkAbout12/18/2002 - STAFF REPORTS (8) DATE: December 18, 2002
TO: City Council
FROM: Director of Planning & Zoning
SUBJECT: Case 5.0617 — Compliance with Amendment to Fringe-Toed Lizard
Memorandum of Understanding (MOU) - Execution of a USF&W Section
10(a)(1)(B) permit application.
RECOMMENDATION:
That the City Council authorize the City Manager to execute a United States Fish &Wildlife
license/permit application form (Fish & Wildlife Service Form 3-200, Section 10(a)(1)(B)),
in accordance with Fringed-toad Lizard MOU Amendment, Section II(B). It should be noted
in the City Council's motion that the execution of said application shall in no way be
construed as the City's approval of the Draft Coachella Valley Multi-Species Habitat
Conservation Plan (CVMSHCP).
SUMMARY:
In compliance with the amendment to the Fringed-toed Lizard Memorandum of
Understanding approved by the City Council on October 02, 2002, the City must execute
the referenced Section 10(a)(1)(B) permit in order to remain a party to said MOU after
January 2, 2003. In addition, the completion of this action is a step forward in the process
of completing the Draft CVMSHCP.
BACKGROUND:
In the Spring of 2001, CVAG, its members and the County of Riverside passed a MOU with
the California Department of Fish and Game and the United States Fish and Wildlife
Service which amended the Coachella Valley Fringed-toad Lizard Habitat Conservation
Plan (CVAG approved March 21, 2001). In October 2002, the MOU was amended to
extend the term to December 31, 2003, or upon issuance by both FWS and CDFG of take
authorizations for the MSHCP, which ever occurs first. That extension is subject to two
conditions: 1) extension of the term applies only to those jurisdictions that execute the
amendment on or before October 15, 2002(City Council approved amendment on October
02, 2002, Minute Order 7167); and 2)to remain a party to the amendment after January 2,
2003, a jurisdiction must have tendered a fully executed Section 10(a)(1)(B) permit
application to CVAG as part of the process for releasing a Public Review Draft of the
CVMSHCP.
The execution of the referenced Section 10(a)(1)(B)permit application requires City Council
approval, and the permit will be attached to the Draft CVMSHCP and associated
documents. As the City Council is aware, the City has clearly indicated its concern that
critical elements dealing with the City have not been written into the Draft CVMSHCP.
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Page 2 of 2
To dispel possible concerns that executing a Section 10(a)(1)(B) permit may have on the
City's position,Corky Larson,CVAG Executive Director has indicated to Staff that executing
the Section 10 permit at this juncture only keeps the Draft CVMSHCP review process
moving forward and in no way constitutes the City approval of the Draft CVMSHCP.
Director of P� nning and Zoning
City Manager —
ATTACHMENTS:
1. Appendix A, FWS Fish and Wildlife Permit Application Form (Form 3-200)
2. Copy of Amendment to Coachella Valley Fringed-toad Lizard MOU.
3. Draft Minute Order
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RECEIVED
DEC
9: EC - 4 200
PLANNING DIVISION
FWS Fish and Wildlife Permit Application Form
(Form 3-200)
With Endangered/Threatened Species Attachment, Privacy Act Notices,FOIA Notice,
Application Fee Notice, and Instructions
and
NMFS Incidental Take Application Instructions
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Department of the Interior Expires(2/29/01)
U.S.Fish and Wildlife Service OMB No.1018-0094
FEDERAL FISH AND WILDLIFE LICENSE/PERMIT APPLICATION FORM
RETURN TO: Type of Activity:
3-200-56 NATIVE ENDANGERED AND THREATENED
SPECIES-INCIDENTAL TAKE
A. COMPLETE IF APPLYING AS AN INDIVIDUAL
1.Name:
2.Street address: 3.County:
4.City,State,Zip code:
5.Date of birth: 6.Social Security No.: 7.Occupation:
S.List any business,agency,organizational,or institutional affiliation associated with the wildlife to be coveredby this license or permit:
9.Home telephone number: 10.Work telephone number: 11.Faxnumber. 12.E:mail address:
B. COMPLETE IF APPLYING AS A BUSINESS,CORPORATION,PUBLIC AGENCY OR INSTITUTION
I.Name of business,agency or institution: 2.Tax identification no.-
3-Street address: 4.County:
5.City,State,Zip code:
6.Describe the type of business,agency,or institution:
7.Name and title of person responsible for permit(president,principal officer,director,etc.):
8.Home telephone number. 9.Work telephone number: 10.Fax number: 11.Eanail address-
C. ALL APPLICANTS COMPLETE
1. Do you currently have or have you had any Federal Fish and Wildlife License or Permit? Yes No
If yes,list license or permit numbers:
2. Have you obtained any required state or foreign government approval to conduct the activity you propose? Yes 0 No Not required
If yes,provide a copy of the license or permit.
3. Enclose check or money order payable to the U.S.FISH AND WILDLIFE SERVICE in the amount of$25.
Institutions which qualify under 50 CFR 13.11(d)(3)may be exempt from fees.
4. ATTACHMENTS:Complete the additional pages of this application.Application will not be considered complete without these pages.
Incomplete applications may be returned-
5. CERTIFICATION:I hereby certify that I have read and am familiar with the regulations contained in Title 50,Part 13,of the Code of Federal
Regulations and the other applicable parts in subchapter B of Chapter I of Title 50,and I further certify that the information submitted in this
application for a license or permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein
may subject me to the criminal penalties of 18 U.S.C.1001.
6.Signature(in ink)of applicant or person responsible for permit in Block A or B 7.Date:
Form 3-200-56 Rev.(2/98)
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Form#3-200-56 Page 2 of 2
Endangered Species Incidental Take Permits
For Incidental Take Permit applications, the following specific information must be provided in
addition to the general information on page one of this application:
1. Physical address or location of activities: Section/Township/Range, County tax parcel
number, or other formal legal description.
2. A complete description of activity(ies)to be authorized.
3. The common and scientific names of the species sought to be covered by the permit, as
well as, the number, age, and sex of such species, if known.
4. A conservation plan that specifies:
a. The impact that will likely result from the incidental taking.
b. What steps will be taken to monitor,minimize, and mitigate such impacts,the
funding that will be available to implement such steps, and the procedures to deal
with unforseen circumstances.
C. What alternative actions to such incidental taking have been considered and the
reasons why these alternatives are not proposed for use.
5. A certification notice that states: By submitting this application and receiving an
incidental take permit pursuant to Section 10(a)(1)(B) of the Endangered Species Act,the
landowner/permittee agrees that he/she owns the lands indicated in this application, or has
sufficient authority or rights over these lands to implement the measures of the Habitat
Conservation Plan. Further,upon receipt of the incidental take permit,the permittee
signing Form 3-200 will conduct the activities as specified in the Habitat Conservation
Plan and implementation agreement according to the terms and conditions, of the permit
and supporting documents.
The public reporting burden for these reporting requirements is estimated to be 2.5 hours,
including time for reviewing instructions, gathering and maintaining data, and completing and
reviewing the forms. Comments regarding the burden estimate or any other aspect of the
reporting requirement(s)should be directed to the Service Information Collection Clearance
Officer,MS 224 ARLSQ, Fish and Wildlife Service,Washington, DC 20240, or the Office of
Management and Budget,Attention: Desk Officer for the Department of the Interior;
Washington, DC 20503.
An agency may not conduct and a person is not required to respond to a collection of information
unless a currently valid OMB control number is displayed.
NOTICE TO:
APPLICANTS FOR FEDERAL FISH AND WILDLIFE LICENCES/PERMITS
PRIVACY ACT-NOTICE
In accordance with the Privacy Act of 1974(S U.S.C. 552a),please be advised that:
1. The gathering of information on fish and wildlife is authorized by:
(a)Bald Eagle Protection Act (16 U.S.C. 663a); (b)Endangered Species Act of 1973 (16
U.S.C. 1539); (c) Migratory Bird Treaty Act(16 U.S.C. 703-711); (d) Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371-1383); (e)Lacey Act (18 U.S.C. 42 &4 4);
and (f)Title 50,Part 13, Code of the Code of Federal Regulations.
2. Submission of requested information is required in order to process applications for
licenses or permits authorized under the above acts. With the exception of your social
security number,failure to provide all requested information may be sufficient cause for
the U.S. Fish and Wildlife Service to deny a permit.
3. Applications for licenses or permits authorized under the Endangered Species Act of 1973
(16 U.S.C. 1539) and the Marine Mammal Protection Act of 1972(16 U.S.C.
1371-1383)may be published in the Federal Register as required by the two acts.
4. In the event a violation of a statute,regulations,rule, order, or license,whether civil,
criminal, or regulatory in nature is discovered during the application review process,
the requested information may be transferred to the appropriate Federal, State, local,
or foreign agency charged with investigating or prosecuting such violations.
5. In the event of litigation involving the records or the subject matter of the records, the
requested information may be transferred to the U.S. Department of Justice or
appropriate law enforcement authorities.
6. Information provided in the application may be disclosed to subject matter experts, and
State and other Federal agencies, for the sole purpose of obtaining advise relevant to
issuance of the permit.
7. For individuals, personal information such as home address and telephone number,
financial data, and personal identifiers (social security number, birth date, etc.)will be
removed prior to any release of the application.
FREEDOM OF INFORMATION ACT-NOTICE
8. For organizations,businesses, or individuals operating as a business (i.e.,permittees not
covered by the Privacy Act), we request that you identify any information that should be
considered privileged and confidential business information to allow the Service to meet
its responsibilities under FOIA. Confidential business information must be clearly marked
"Business Confidential" at the top of the letter or page and each succeeding page, and
must be accompanied by a nonconfidential summary of the confident information. The
nonconfidential summary and remaining documents may be made available to the public
under FOIA [43 CFR 2.13(c)(4), 43 CFR 2.15(d)(1)(i)].
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NOTICE TO:
APPLICANTS FOR FEDERAL FISH AND WILDLIFE LICENSES/PERMITS (CONT.)
APPLICATION FEE-NOTICE
There is a$25.00 processing fee for incidental take permit applications under the Endangered
Species Act [50 CFR 17.22(b) and 50 CFR 17.32(b)]. The fee applies to permit applications,
renewals, and amendments.
A check(it does not need to be certified) or money order should be made payable to the "U.S.
Fish and Wildlife Service". The processing fee will not be refunded if the permit application is
abandoned or the permit is issued or denied. The fee may be refunded if the permit application is
withdrawn in writing before significant processing has occurred.
Fee Exemption: State or local government agencies or individuals or institutions under contract to
such agencies for proposed activities are exempt from paying this fee. Until further notice,the fee
will be waived for public institutions. As defined in 50 CFR 10.12, the term"public" as used in
reference to museums, zoological parks, and scientific institutions,refers to such as are open to
the general public and are privately owned and organized but are not operated for profit.
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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
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 March 26, 2001 is hereby amended.
II. EXTENSION OF TERM OF MOU:
The tern of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on,
December 31, 2003, or upon issuance by both FWS and CDFG of take authorizations for the
MSHCP, whichever occurs first. Said extension is subject to the following conditions:
A. The extension of the term of the MOU shall be applicable only as to those
jurisdictions that execute this amendment on or before October 25, 2002; and
B. All obligations of FWS and CDFG under this MOU shall terminate on January 2,
2003, as to any jurisdiction that has not prior to that date tendered a fully executed Section
10(a)(1)(B) permit application to the Executive Director of the Coachella Valley Associations of
Governments (CVAG) as part of CVAG's process for releasing a Public Review Draft of the
MSHCP.
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
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
MINUTE ORDER NO.
TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A UNITED
STATES FISH & WILDLIFE
LICENSE/PERMIT APPLICATION
FORM (FISH & WILDLIFE SERVICE
FORM 3-200, SECTION 10(a)(1)(13)),
IN ACCORDANCE WITH FRINGED-
TOAD LIZARD MOU AMENDMENT,
SECTION II (B).
I HERE BY CERTIFY, that this Minute Order, authorizing the authorizing the City
Managerto execute a United States Fish &Wildlife license/permit application form
(Fish & Wildlife Service Form 3-200, Section 10(a)(1)(13)), in accordance with
Fringed-toad Lizard MOU Amendment, Section II(B), was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 181'
day of December, 2002.
PATRICIA A. SANDERS
City Clerk