HomeMy WebLinkAboutA3629 - DEPT OF INTERIOR FISH & WILDLIFE MOU MO 5681 U.S. Dept of Interior Fish &
Wildlife Service, et al - MOU
Amend - CV MSHCP
AGREEMENT #3629
M05922, 3-5-97
AMENDMENT - -- -
This Amendment to the MEMORANDUM OF UNDERSTANDING REGARDING THE
PREPARATION OF A COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN("MOU") is made and entered into this 27th day of January, 1997, by
and among the Parties to the original MOU: the UNITED STATES DEPARTMENT OF
INTERIOR FISH AND WILDLIFE SERVICE ("SERVICE"); the CALIFORNIA
DEPARTMENT OF FISH AND GAME, ("DEPARTMENT")' the COUNTY OF RIVERSIDE,
and the cities of CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN
WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO
MIRAGE; the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ("CVAG"); the
BUREAU OF LAND MANAGEMENT ("BLM ); the UNITED STATES FOREST SERVICE
("USFS"); and the NATIONAL PARK SERVICE ("NPS"). Collectively the foregoing agencies
are herein after called the"Parties".
RECITALS
A. EXISTING MOU. The parties have previously entered into an MOU for the preparation
of a Coachella Valley Multiple Species Habitat Conservation Plan ("CV MSHCP") to conserve
adequate habitat in an unfragmented manner to provide for the protection and security of long-
term viable populations of Species of Concern, which include state and federal threatened and
endangered species, species proposed for federal listing, and state and federal candidate species
for listing. The CV MSHCP is also intended to protect sensitive natural communities in the plan
area to protect biodiversity and other species which could be listed in the future absent protection.
B. JOINT EFFORTS. The Parties shsxe a common interest in sustaining the integrity of
biological and natural resource systems as well s the human and economic values they support.
Each of the Parties agrees that the preparation and implementation of a multiple species habitat
conservation plan/natural communities conservation plan as herein contemplated can and should
provide for protection of ecosystems and natural resources as well as responsible economic
growth opportunities.
C. NCCP ACT. The State of California has enacted the Natural Communities Conservation
Plan ("NCCP"), [California Fish and Game Code, Section 2800, et. Seq.], to promote the
proactive protection of wildlife and flora and their habitats. Pursuant to the NCCP, local, state,
and federal agencies are encouraged to prepare and implement NCCPs to provide comprehensive
management and conservation of multiple species and their habitats in one plan, rather than wait
and later adopt many individual plans for individual species as those become in danger of
extinction. Pursuant to the terms of the NCCP Act, approved NCCPs shall be compatible with
the Federal Endangered Species Act. Furthermore, the NCCP Act provides that, after approval
of a NCCP, the DEPARTMENT may authorize the incidental taking of any species identified in
the NCCP for whose benefit habitat in conserved and managed.
1
D. FEDERAL ENDORSEMENT OF NCCP. The SERVICE is cooperating with the State
of California to promote the NCCP process as a means of proactively protecting species and their
habitats.
E. ECOSYSTEM BASED PLANNING EFFORT. The DEPARTMENT, as a party to the
MOU, has participated in the preparation of the CV MSHCP and has approved the methodology
being utilized in the CV MSHCP effort. The Parties to the MOU concur with the goals of the
NCCP Act and have determined that the NCCP Act may provide the appropriate vehicle to
provide adequate protection for the range of biological resources while at the same time
safeguarding the economic, social, health, safety, and property rights of area residents. The CV
MSHCP in progress is a habitat and ecosystem based multiple species plan which is intended to be
consistent with the intent of the NCCP Act. Furthermore, insofar as economically feasible, the
CV MSHCP is intended to provide for the conservation of a full range of native biodiversity
across the region in large, interconnected habitat blocks so that viable populations of endangered,
threatened, proposed, candidate, and key target species and their habitats are maintained.
F. PURPOSE OF AMENDMENT OT THE MOU. The Parties have agreed to amend the
MOU for the purpose of agreeing that the CV MSHCP will meet the intent of the NCCP Act as
well as the California Endangered Species Act ("CESA') and the Federal Endangered Species Act
("FESA'). The parties firrther agree that the CV MSHCP MOU constitutes the agreement to
prepare an NCCP as specified in Fish and Game Code Section 2810, noting, however, that the
Department of Fish and Game shall not receive compensation for its participation in the
preparation and implementation of the CV MSHCP. Any guidelines for the CV MSHCP prepared
pursuant to Fish and Game Code Section 2825 will not be implemented for the CV MSHCP
without the written approval of all Parties to the MOU.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein, the Parties do hereby agree as follows:
I. MULTIPLE SPECIES/NATURAL COMMUNITIES
CONSERVATION PLANNING
A. PREPARATION OF CV MSHCP: The Parties will continue to work together to
prepare and submit and MSHCP for lands within the plan area.
B. FINANCIAL CONTRIBUTIONS TO FACILITATE PLANNING: The SERVICE
and the DEPARTMENT agree that execution of the amendment by the Parties to the MOU is
intended to and does fulfill any condition imposed by Congress, the state legislature, or any state
or federal agency regarding participation in the NCCP process as a condition precedent to the
receipt of such state or federal funds as may be available, either now or in the future, to plan for,
create, or meet the intent of the NCCP Act.
2
By Date
Mayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City of Palm Springs
Palm Springs, California
By Date
Mayor,
City of Rancho Mirage
Rancho Mirage, California
By - � � Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
5
. : ti
Cathedral QCTty
CERTIFICATION
I, Donna M. Velotta, City Clerk of the City of Cathedral City, DO
HEREBY CERTIFY that Minute Order No. 2664 was duly adopted by
the City Council of the City of Cathedral City at a regular meeting held on
the 26th day of February, 1997, which Minute Order adopted an
amendment to the Memorandum of Understanding (MOU) for the
Coachella Valley Multiple Species Habitat Conservation Plan. Minute
Order No. 2664 was adopted by the following vote:
Ayes: Councilmembers Gary L. Amy, Sarah Di Grandi, Joe
Velasquez, Mayor Pro Tern Gregory S. Pettis, and Mayor
David W. Berry
Nays: None
Absent: None
Dated this 29th day of April, 1997.
Donna M. Velotta, City Clerk
City of Cathedral City
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
By ���^ Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of Indian Wells
Indian Wells, California
By Date
Mayor,
City of Indio
Indio, California
4
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
B/yZ J� . // �/ � ^ , ,� Date
Mayor,
City of Indian Wells
Indian Wells, California
By Date
Mayor,
City of Indio
Indio, California
4
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of Indian Wells
Indian Wells, California
�i �/ � �/( _ Date 7
City of Indio
Indio, California
4
By Date
Mayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City of Palm Springs
Pahn Springs, California
By Date
Mayor,
City of Rancho Mirage
Rancho Mirage, California
By Date
Chairman,
Coachella Valley Association of Gove -nests
Palm Desert, California
5
By Date
Mayor,
City of La Quinta
La Quinta, California
B C�U �� Date February 27, 1997
y�yor` Ma , j
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City ofPahn Springs
Palm Springs, California
By Date
Mayor,
City of Rancho Mirage
Rancho Mirage, California
By Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
5
By Date
Mayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date —7/C A/ 7
Mayor,
City of Palm Springs APPROVED BY THE CITY COl1NR'
Palm Springs, California BYES. NO. ,_> 3�s
J < 1W�` R-Y�3--5
By Date
Mayor,
City of Rancho Mirage
Rancho Mirage, California
By Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
SUBMITTA TO THE BOARD OF SUPERVISORS
COUNTY CWIVERSIDE, STATE OF CALIFORNIA
FROM: COUNTY EXECUTIVE OFFICE SUBMITTAL DATE: January 28, 1997 ^
6
SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING
WITH CVAG FOR COACHELLA VALLEY MULTI-SPECIES
HABITAT CONSERVATION PLAN
RECOMMENDED MOTION: That the Board approve the first amendment to the Memorandum
of Understanding with the Coachella Valley Association of Governments for the
Coachella Valley Multi-Species Habitat Conservation Plan, and authorize the Chairman
to sign on behalf of Riverside County.
BACKGROUND: In January, 1996, the Board approved a Memorandum of Understanding
(MOU) with the Coachella Valley Association of Governments (CVAG), establishing the
guidelines and scope of work for preparation of a multi-species habitat conservation plan
for the Coachella Valley (CV MSHCP. It should be noted, however, that approval of the
MOU does not require any financial Support of the planning effort, nor is the Board bound
to approve the CV MSHCP upon its completion.
Work has been progressing on the CV MSHCP, as summarized by the attached CVAG
staff report (dated 11-6-96, and submitted to the Executive Committee on 1-27-97).
$225,800 has been expended to dale, from the following sources: (Continued)
Roy Na e
FINANCIAL DATA: Deputy County ive Officer
CURRENT YEAR COST $ 0 ANNUAL COST $ 0
NET COUNTY COST $ 0 IN CURRENT YEAR BUDGET: YES/ NO/
a > BUDGET ADJUSTMENT: YES/ NO/ FOR FY:
U U
<o o SOURCE OF FUNDS: N/A
C.E.O. RECOMMENDATION: APPROVE
7
Countv Executive Officer Signature
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Buster, seconded by Supervisor Venable and duly carried by unanimous
7) vote,IT WAS ORDERED that the above matter is approved as recommended.
� U
o E: Ayes: Buster, Tavaglione,Venable,Wilson and Mullen
Noes: None Gerald A. Mal
> Absent: None Cler
y Date: February 4, 1997
X xc: E.O, CO.Co., CVAG Dep
m w j
G
� C
Prty. Agn. ref. Dist. 4th AGENDA NO.
FORM 11 (Rev. 8196) y
P
Amendment to CVAG MOU
1-27-97 / page 2
SCAG Planning Funds $100,000
Monterey/1-10 Interchange Mitigation 9,000
Cook Street/1-10 Interchange Mitigation 49,800
Palm Desert Redevelopment Agency 30,000
Building Industry Association donation 8,500
Environmental Groups' donations 8,500
TOTAL $225,300
In September, 1996, Congress approved appropriations totalling $2 million for multi-
species planning efforts in southern California, in conjunction with the Natural
Communities Conservation Program (NCCP). Of this amount, $500,000 is earmarked for
NCCP planning efforts in Riverside County, of which $125,000 is recommended for the
CV MSHCP.
In November, CVAG staff proposed an amendment to the Memorandum of Understanding
to qualify the CV MSHCP for funding from this source. County staff initially opposed
the amendment, citing the following concerns: (1) There are no established NCCP
guidelines for desert multi-species habitat conservation plans, and that therefore (2)
accepting funds from this source could be construed as enrollment in the program and
subject the County and other CVAG jurisdictions to unknown requirements in the future.
After extensive negotiation, staff's concerns were resolved by the State and Federal
agencies' agreement that (1) the guidelines already contained in the MOU will constitute
terms of enrollment in the NCCP program, and (2) no additional guidelines can b
imposed without the written consentQf all signatory_agPn i s. All other terms and
conditions of the MOU remain the same, and are unaffected by the amendment.
Staff is therefore recommending approval of the attached amenca -
me_
t, 'vY"riiGh was
unanimously approved by the CVAG Executive Committee on 1-27-97. CVAG is
requesting action on the amendment as soon as possible to ensure the timely transfer
of funds. Funding from this source will enable the work on the CV MSHCP to continue,
and make the plan eligible for funding from this source in future fiscal years.
=CRM 11 Rev. 9/96)
SUBMITTA TO THE BOARD OF SUPERVISORS
COUNTY OJPVERSIDE, STATE OF CALIFORNIA
II
FROM: COUNTY EXECUTIVE OFFICE SUBMITTAL DATE: January 28, 1997
SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING
WITH CVAG FOR COACHELLA VALLEY MULTI-SPECIES
HABITAT CONSERVATION PLAN
RECOMMENDED MOTION:That the Board approve the first amendment to the Memorandum
of Understanding with the Coachella Valley Association of Governments for the
Coachella Valley Multi-Species Habitat Conservation Plan, and authorize the Chairman
to sign on behalf of Riverside County.
BACKGROUND: In January, 1996, the Board approved a Memorandum of Understanding
(MOU) with the Coachella Valley Association of Governments (CVAG), establishing the
guidelines and scope of work for preparation of a multi-species habitat conservation plan
for the Coachella Valley (CV MSHCP). It should be noted, however, that approval of the
MOU does not require any financial support of the planning effort, nor is the Board bound
to approve the CV MSHCP upon its completion.
Work has been progressing on the CV MSHCP, as summarized by the attached CVAG
staff report (dated 11-6-96, and submitted to the Executive Committee on 1-27-97).
$225,800 has been expended to date, from the following sources: (Continued)
Roy Nagfe
FINANCIAL DATA: Deputy County ive Officer
CURRENT YEAR COST $ 0 ANNUAL COST $ 0
NET COUNTY COST $ 0 IN CURRENT YEAR BUDGET: YES/ NO/
BUDGET ADJUSTMENT: YES/ NO/ FOR FY:
o o SOURCE OF FUNDS: N/A
C.E.O. RECOMMENDATION: APPROVE
C y
County Executive Officer Signature
U U
o MINUTES OF THE BOARD OF SUPERVISORS
a On motion of Supervisor Buster,seconded by Supervisor Venable and duly carried by unanimous
E
vote, IT WAS ORDERED that the above matter is approved as recommended
of Ayes: Buster, Tavaglione,Venable,Wilson and Mullen
Noes: None Gerald A. Malogey
> Absent: None CI e B d
Date: Febgiary 4, 1997
wxc: CO.CO., CVAG puty
� L
CL
Prev. Agri. ref. Dist. 4th AGENDA NO.
FORM 11 (Rev. 3/961
3 .
Amendment to CVAG MOU
1-27-97 / page 2
SCAG Planning Funds $100,000
Monterey/1-10 Interchange Mitigation 9,000
Cook Street/1-10 Interchange Mitigation 49,800
Palm Desert Redevelopment Agency 30,000
Building Industry Association donation 8,500
Environmental Groups' donations 8,500
TOTAL $22-5,300
In September, 1996, Congress approved appropriations totalling $2 million for multi-
species planning efforts in southern California, in conjunction with the Natural
Communities Conservation Program (NCCP). Of this amount, $500,000 is earmarked for
NCCP planning efforts in Riverside County, of which $125,000 is recommended for the
CV MSHCP.
In November, CVAG staff proposed an amendment to the Memorandum of Understanding
to qualify the CV MSHCP for funding from this source. County staff initially opposed
the amendment, citing the following concerns: (1) There are no established NCCP
guidelines for desert multi-species habitat conservation plans, and that therefore (2)
accepting funds from this source could be construed as enrollment in the program and
subject the County and other CVAG jurisdictions to unknown requirements in the future.
After extensive negotiation, staff's concerns were resolved by the State and Federal
agencies' agreement that (1) the guidelines already contained in the MOU will constitute
terms of enrollment in the NCCP program, and (2) no additional guidelines an b
imposed without the written consent cf all signatory agencies. All other terms and
conditions of the MOU remain the same, and are unaffected by the amendment.
Staff is therefore recommending approval of the attached amendment, which was
unanimously approved by the CVAG Executive Committee on 1-27-97. CVAG is
requesting action on the amendment as soon as possible to ensure the timely transfer
of funds. Funding from this source will enable the work on the CV MSHCP to continue,
and make the plan eligible for funding from this source in future fiscal years.
FORM 11 (Rev. 8/96)
r
By K Date F y
Chairman, ATTES]
Riverside County Board of Supervisors GERALD A. MALON , perk
Riverside, California l ��
eE
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of Indian Wells
Indian Wells, California
By Date
Mayor,
City of Indio
Indio, California
4
19097656250 MOUNTAINS CONSEP.VANC 102 P02 MAP 17 '97 Oe:18
• �1'll ... t. i�V'1 l...ry 1 . V•1
MAR-13-97 THU 3: 38 PM FWS FAX 10. 619 431 9618 P. 4
IN WMESS WHEREOF, the Parties have appro-md this amendment to the MOU effective the
date and year first above written.
By Date 2 -/3 ' 97
.Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date
State Director,
U.S.Bureau ofLand Management
Sacramento, California
By Date _
Forest Supervisor,
U.S. Forest:Service
SanB=ardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
By _ Date
Director,
California Department of Fish and Game
Sacramento; California
3
IN WITNESS WHEREOF, the Parties have approved this amendment to the MOU effective the
date and year first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date z�ZL�g7
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
By Date
Director,
California Department of Fish and Game
Sacramento, California
3
LV WTTNESS WHEREOF, the Parties have approved this amendment to the MOU effective the
date and year first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By /cL •� Date T
Forest(�upe�sor,
U.S. ForesfService
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
By Date
Director,
California Department of Fish and Game
Sacramento, California
3
IN WITNESS WHEREOF, the Parties have approved this amendment to the MOU effective the
date and year first above written.
By _ Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By _ Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
By /X ��+cu e� Date
ire or,
California Department of Fish and Game
Sacramento, California
3
Date
liavor,
City of La Qumra
La QuLz ra, Casorr¢a
By Date
Maycr,
City of Palm Deser,
Palm Desert, California
By Dace
Mayor,
Clry cr Pa-L--[ Springs
Palm Sr,-sags, Caiiforma
By _ Date
Mayor,
Ci v or =rancho Mirage
Rancho LLirage, CaLior_tia
By�J //yT , X — Date v
Cg13 ` e!la Valley AsscciatIon of CoveTilIIIerfts
Palm Desert, Caiiforiia
�epce-nber -_ 1995 10
B V Ua to
D Ire C:O r,
California Depar-,-"qent of Fish and Came
Sacramento, California
By _ Date
Chairman,
Riverside County Board of Supe-rvisors
R verside, California
By _ u2 ^� Date
L\iayor,
City of Cather.:ral City
Cathedral City, California
By _ Date
Mayor,
City of Coacheila
Ccac-iella, Caiiforua
By Date
Mayor,
City of Desert Hot Springs
Desert riot Springs, California
By Date
Mayor,
Citv of Indian Weals
Indian Weiis, California
By Date
Mayor,
City of Indio
Indio, C'=iifornia
September 25, 199S 9 i
By Date
Caifc=a Deoar=ent of rise and Game
Sacamentc, Caiiforrsa
By _ DatA
Chai=zn,
Riverside County Board of Super-riso y
Riverside, Caiiiorua
By Date
iViavor,
Ciro of Catnedrai Ciry
Catnedral C1ry, Caiifc_rnia
By _ Date
Mayor,
Ciro of Coachella
CeaczeIla, Califerua
BV Dates
tilavor,
Ciry or Desert Hot Snrinss
Des= rot SornPs, CpIir"crnia
By _ Date
Mayor, . .
CirT of Indian We Ts
Indian Wets, CaHfor_-,ia
By _ Date
Vlaycr,
City of Indio
Indic, Caiifcrua
�entemner �, i995 9
By Date
Director,
CaLion-ua Devar-,,nenr of Fish and Came
Sacramento, Californa
By Date
J "
Chairnan,
Riverside CounrT Board of Suvervrsors
Riverside, Caiiiorrna
By Date
tilavor,
Citv of Cathedra]. Qt7
Cathedral Ciry, California
By Date
`,favor,
City or Coachella
Coachella, Calfonua
By Date
tilavor,
City of Des= Not Springs
Desert mot Springs, California
By Date
Mayor,
City of ]radian `Neils
Lndian Wells, Caiiuc=a
B
Date
1 yOC,
Ci}4T Or
Indi aiifo=a
Seocember :5 79e5
a
�,� Date
Director,
California Department of Fish and Game
Sacramento, California
By _ Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By _ Date
Mayor,
City of Cathedral City
Cathedrai Citr, Caiifo=,ia
By Date
�dayor,
City of Coachella
Coachella, California
By _ Date
Vfaycr,
City of Desert Hot Springs
Desert Hot Springs, California
By � _ Date Nove:lber Z , locj
vI- or,
1ty of Indian Wells
Indian Wells, California
By Date
tilayor,
City of Indio
Indio, California
Juiy 13, 1995 9
8.0 TERMS OF T-HE v[OU
3.1 Effective Date of Agreement. This MOU shall take erect upon the dates of
signature_
8? Amendment of the MOU. This NfOU may be amended from time to time with
-le concurrent-- of all Parties. Approved amendments must be in wririna.
8.3 Termination. The MOU shall automatically terminate upon approval and adoption
of the CV MSHCP or on December 31, 1997, whichever occurs first, unless
extended tbrough an amendment_
GLE,+DA B�tiGERTER. vor
City or, La Quint-- Califc=a
ATTEST:
L. TU7HOLA, City Cleric
City of La Quinta, California
?°PROVED AS TO FORML :
/r/ u C J '
DAWN C. HONEYW L, Ciry Attorney
City of La Quinta, California
ov _ Date
`.iavcr,
City of La Quinta
La Quinta, California
Date yoveraber 27, IG95
oy
Mayor,
City of Palm Desert
Palm Deser:, California
By _ Date
Nlayor,
City of Pais Springs
Pall Sp=gs, Cahl on i-a
By _ Date
\Jiavor,
City of Rancho Mirage
Rancho tifirage, California
By Date
Chairman,
Coachella Valley Association cf Govem cents
Palm Desert, C_lifcrua
otember 25 1ee5 10
i
By Date
Yiavor,
City of La Quints
La Quints, California
By _ Date
Nfayor,
City of Palm Desert
Palm Desert, California
By �. `'�h EtJrb� Date
Mayor,
City or Palm Springs
Pant Springs, California
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA z�
r<
'� Clzy Clerk
By Date
Mayor,
City of Rancho Mirage
Ranccio Mirage, California
By Date
Chairman,
Coachelia Valley Association of Govemznents
Palm Desert, California
tit
fi 3 5
Seoteaber 25, 1995 10
By Date
Nlayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date
AA ay o r,
City of Palm Springs
Palm Springs, Caiifornia
By �i✓ri2Lci� GZfti�� Date %/i�i T/ %���
dVOr, JOcnme E. Parrish
'- Eliy of Rancho N rage
Rancho ?viirage, California
By Date
Chairman,
Ccacheila Valley Association cf Governments
Palm Desert, California
5evtember 25, 1995 i4
MINUTES'UF TrIE BOARD OF SUPERVISOP
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
page 11 of 9
2 . Ob
9 : 30 a . m . being the time set -or consideration of the Status
Report and Policy Direction for Count- " Participation in the
Development of a Multi-Species Habitat Conser-ration :tan for
Western Riverside County, the Chairman called the ma__er for
discussion .
A motion was made by Supervisor Cenicero_ that _he abov-e
matter be tentatively continued to a workshop on Monday , January
2 , 1996 .
Motion failed for lack of a second .
Supervisor Ceniceres noted that can:inuin-, the matter will
allow time to consider funding issues and the habitat will be able
to present policy issues .
Supervisor Tavaglione suggested late January or earl- rebruary
for a Workshon .
Supervisor Buster mentioned that the resolution has many- legal
problems and wants it scheduled be-Fore the 18th.
Supervisor Ceniceres made a motion_ to continue__ the above
matter to Tuesday , January 9 , 1996 at 3 : 30 p .m.
Motion failed for lack of a second .
I herebv cerd that the For oing is a iA, true and correct copy of an order made and entered on
y
December�l8 , 1995
ar Supervisors Minutes_
WITNESS my hand and the seal of the Board of Supervisors
Dated: December 18 , 1995
Gerald A_ Maloney, Clerk of :he Board of Supervisors, in and for
(seal) the County or i-v ' e State of California.
By: c deputy
AGENDA NC.
2 . Ob
i
-. :{C : __. C . , COI.O , CV C, Cc ache lla `%a 11ev Fa C.__2r Do 11cv CC=r,zz oe
MINUTEAF THE BOARD OF SUPERVISOV
COUNTY OF RIVERSIDE, STATE OF CAi1FOFINIA "r^h
Page 2 of 2
On motion of Supervisor Ceniceros , seconded by Supervisor
Mullen and duly carried by unanimous vote , IT WAS ORDERED that the
above matter is continued to Monday, December 18 , 1995 at 3 : 30 p . m .
3 : '0 p .m. being the time set for consideration of Status_
Reps-t and Policy Direction for County Participation in the
Development of a Multi-Species Habitat Conservation Plan for
Western Riverside County, the Chairman called the matter for
discussion.
On motion of Supervisor Ceniceros , seconded by Supervisor
Tavas'-ione and duly carried by uanimous vole , IT WAS ORDERED that
the January, 1996 Monday meeting, is rescheduled from January 29 ,
1996 to Monday, January 8 , 1996 at 9 : 30 a . m. , and that the above
matter is scheduled for a workshop on Januar- 8 , 1996 at 9 : 30 a. m .
I hereoy certify that the foregoing, is a full. true and correct copy of an order made and entered on
December 18 , 1995 of Supervisors Minutes.
UIITNESS my hand and the spal of the Board of Supervisors
Dated: December 18 , 1995
Gerald A. Maloney, Cler's of the Board of Supervisors, h and for
(seal) the C - ai v 'de, State of Califpmia_
By: leputy
AGEENDA NO.
2 . 0b
a,sysa
Bye i% va
CLre CLa L; �
California Department of Fish and Game
Sacramento, CaiHarnia
By _ Dare
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
Citv of Cathedral Citv
Ca-L17Ledral City, California
By Date
Nlavcr,
City of Coachella
Coachella, California
By Date
Mavor,
City of Desert Hot Springs
Desert riot Springs, California
By Dare
Mayor,
City of Indian Wells
Indian Wells, California
By Date
Mayor,
City of Indio
Indio, Califorua
�evEember 25 1995 9
8.0 TER-'AS OF THE YIOU
g.1 Fftactve Date of Ag—M nt This NICU shaII take e:iect upon the dates of
signature.
8.2 A mendment of ffiP MOLL This IyIOU may be amended fiom lime to time
with the concurrence of all Parties_ Approved amendments must be in wazing.
8_3 TP-�r The SOU shall automatically termulaze upon approval and
adoption of the CV MSHCP or on December 31, 1997, wiuc,-i ever Go= first,
uniess extended through an amendment_
rV WTTiVESS WHEREOF, THE PARTIES HER= have exa=Ed this
Memorandum of Understanding, on the date(s) set forth below, as of the day
and v ear first above written.
By DC e
Regional Director,
U.S. Fsh and Wildlife Service
P ortiand, Oregon
By Date
State Director,
U.S. Eureau of Land Management
Sacramento, California
By Dare
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
Ev Date
Regional Director,
National Paris Serrice
San Francisco, Caiiiarnu
e�ezmber jc 7yyc S
S. TERMS OF THE Mou
8.1 This IOU shall take effect upon the dates of
signature.
8.2 This MOU may be amended from time to time
with the concurrence of all Parties. Approved amendments must be in writing.
8.0 Tlesnination, The MOU.shall automatically terminate upon approval and
adoption of the CV MSHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment_
fIN WITNESS WE EREOF, TF-r.E PARTIES EEREIO have exec-uted this
A/femorandum of Understanding, on the date(s) set forth below, as of the day
and year first above written.
B / 4 < / Date
Y
field Supervisor,
U.S. Nish and Wildlife Service
Carlsbad, California
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
September 25, 1995 8
8.0 TEILNi5 OF THE OOU
8.1 Ff�,tivp Date of AgtpsmPni_ This MOLT shall take e fir upon the dates of
signature.
8.2 Amendm nt of h MOU Thus MOU may be amended from time to time
with the concurrence of all Parries. Approved amendments must be in writing.
8.3 To=ination_ The MOU shall automatically terminate upon approval and
adoption of the CV MSHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment.
IN vqTi T-ss WHEREOF, TEE PARITES HERETO have executed this
Memorandum of Understanding, on, the date(s) set forth below, as of the day
and year firs: above written.
By Date
Regional Director,
US. Fish and Wildlife Se_^rice
Fordand, Oregon
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
US. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
Contingent upon inclusion of changes in letter dated dpril 29, 1996
Septe-mber 25. 1995 8
8.0 TERMS OF THE MOU
8.1 Ffferriie Date of .ze, ment, This _MOU shall take effect upon the dates of
signature.
8.2 Amen(Iment of the MOU. This MOU may be amended from time to time
with the concurrence of all Parties. Approved amendments must be in writing.
g_3 Termination. The MOU shall automatically terminate upon approval and
adoption of the CV yISHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment_
IN WITNESS WHEREOF, THE PARTIES FUE-RETO have executed this
Memorandum of Understanding, on the date(s) set forth below, as of the day
and vear first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Ore-on
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By G�—/G Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
September 25, 1905 8
PS�ENT OF THP
'y United States Department of the Interior
�+ o
� a
NATIONAL PARK SERVICE
y°RCH 3 'ep9 Joshua Tree National Park
IN R FLY UFERTO: 74485 National Park Drive
Twentynine Palms,California 92277-3597
A44
June 25, 1997
Mr. Tom Kirk
Coachella Valley Association of Governments
73-7 10 Fred Waring Drive
Suite 200
Palm Desert, California 92260
Dear Mr. Kirk:
Enclosed please find the National Park Service executed signature page to the Coachella Valley
Multiple Species Habitat Conservation Plan amendment.
Sincerely,
Ernest Quintana
Superintendent
enclosure: original signature page with amendment
cc: Mr. Bill Havert, Executive Director
IN WrMSS WHEREOF, the Parties have approved this amendment to the MOU effective the
date and year first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By _ Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date Date (2
jq\ReDonal Director,
jjlational Park Service
San Francisco, California
By Date
Director,
California Department of Fish and Game
Sacramento, California
3
U.S. Dept of Interior Fish &
�Wildlife Service, et al- MOD
CV Mult Species Habitat Conser
AGREEMENT #3629 Plan
M05681, 1-17-96
MEMORANDUM OF UNDERSTAc�IDIN
REGARDING THE PREPARATION OF A
COACHELLA VALLEY -ML-L=LE SPECIES
HABITAT CONSERVATION PLAN
This Memorandum of Understanding ("MOU") is made and entered into as of
,, /-? 199( by and among the LIMITED STATES DEPARTiMENf OF
ERIOR FISH Ail.ID WILDLIFE SERVICE ("SERVICE"); the CA"LIFOR1vZ1
DEPA-RT-'vfENL OF FISH AN`D GAME, ("DEPART;vIENI"); the COUNTY OF
RIVERSIDE, and the cities of CATHEDRAL CITY, COACHELLA, DESERT HOT
SPRINGS, I DLAN WELLS, INDIO, LA QUINIA, PALM DESERT, PALM SPRINGS,
AND RANCHO MIRAGE; the COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS ("CV:AG"); the BUREAU OF LAND :dANAGEI&MNT ("BLI["); the
UNITED STATES FOREST SERVICE ("USFS"); and the NATIONAL PARK SERVICE
("NPS"). Collectively the foregoing agencies are herein after called the "Parties".
WTTNESSETH:
WHEREAS, the Parties are among the federal, state, and local agencies that have
regulatory authority or responsibility under certain federal and state statutes to
protect species and their habitats from adverse effects resulting'-from public and
private development actions, including federal agencies' responsibilities under the
Endangered Species Act of 1973, as ascended ("ESA"), and the National
Environmental Policy Act ("NEPA"); state agencies' responsibilities under the
California Endangered Species Act of 1984 ("CESA") and the California
Environmental Quality Act ("CEQA"); and local agencies' responsibilities under
CEQA and State Plannng and Zoning Law; and
WHEREAS, the multiple sources of authority under which the Parties operate do not
provide any individual agency with the authority to implement a comprehensive
program to provide for the long term survival of species and their habitats in the
planning area as defined in Exhibit A to this MOU, and hereby incorporated by
reference; and
WHEREAS, the state and federal agencies winch are parties to this MCU are also
parries to, and would call attention. to, "The Agreement on Biological Diversity"
executed in 1991 to "develop guiding principles and policies, design a statewide
strategy to conserve biological diversity, and coordinate implementation of this
strategy through regional and local institutions'; and
WHEREAS, the private sector lacy, assurances that compliance with requirements
imposed by any one public agency (for example mitigation measures required by a
local lead agency under CEQA) will satisfy requirements that may be imposed by
any other public agency (for example terms and conditions required by the SERVICE
under a Biological Opinion pursuant to a Section 7 Endangered Species Act
consultation); and
September 25, 1995 1
WHEREAS, the Parties together with representatives from private conservation
groups, utilities, land owner organizations, development interests, and agricultural
mterests desire to work together for the purpose of developing a program to
conserve Species of Concern, as identified in Exhibit B (as may be amended from
time to time by agreement of all Parties) and hereby incorporated by reference; and
WHEREAS, the cities and the County are desirous that local land use regulations and
development decisions comply with state and federal environmental and
endangered species statutes and regulations while providing for continued economic
growth and development;
THEREFORE, it is mutually agreed and understood that.
1.0 PURPOSE OF MEMORANDUM
The Parties have entered into this MOU to: (1) agree to cooperate in the
development of a Coachella Valley Multiple Species Habitat Conservation Plan
("CV MSHCP"), and (2) define the general nature of the planning process and
the components of the CV MSHCP.
2.0 PURPOSES OF THE CV MSHCP
Preparation of a CV MSHCP serves two main purposes: (1) balancing environmental
protection and economic development objectives in the CV MSHCP area, and (2)
simplifying compliance with endangered species related laws. These purposes are
more fully described below.
2.1 $alancinrenvimnmental_lmoiteci on and economre de__veIznm n
szb}nsiiv�� i he CV VtSH P �res� The CV MSHCP is intended to conserve
adequate habitat in an unfragmented manner to provide for the protection and
security of long-term viable populations of the Species of Concern. (Note: based
on information gathered through the planning process, the Species of Concern
list (Exhibit B) may be amended to either add or remove species as appropriate.)
The CV MSHCP is thereby intended to proactively address requirements of the state
and federal endangered species acts to avoid disruption of economic development
activities in the CV MSHCP area. This will be accomplished as follows:
(1) Where possible, sufficient habitat for Species of Concern shall be protected by
the CV MSHCP to obviate the need to list species as threatened or
endangered.
(2) For Species of Concern which are currently listed as threatened or
endangered, the CV MSHCP will be the basis for securing incidental take
permits within the area covered by the CV MSHCP.
September S, 1995 2
(3) For Species of Concern which are not currently fisted, the CV MSHCP will
address the conservation of the species and its habitat as d the species were
listed, such that if the species is subsequently listed, the CV iv1SHCP will be
the basis for securing the issuance of incidental take permits, and no further
mitigation requirements will be imposed.
(4) The CV MSHCP will utilize a habitat based approach intended to conserve
overall biodiversity in the CV MSHCP area. Therefore, to the fullest extent
possible under the ESA and the CESA, it is the intent of the CV MSHCP that,
before proposing a species which occurs in one of the protected habitats but
which is not specifically identified as a Species of Concern in the CV MSHCP
for listing, the SERVICE and the DEPARTMENT shall analyze the CV MSHCP
to determine if it serves as a habitat conservation plan such that either the
species does not need to be listed, or, in the event that factors outside the
CV iVLSHCP area necessitate listing, incidental take permits would be issued in
the CV MSHCP area should the species be listed. If the CV MSHCP does not
provide adequate protection, the SERVICE and the DEPARTiM Ni T shall
cooperate with the other Parties in evaluating an amendment to the CV
MSHCP which would provide adequate protection for the proposed species
and, therefore, either obviate the need to list the species or provide the basis
for an incidental take permit.
2.2 Sim in ify—c mp ante with enTiangered__gpeciea related law& The CV MSHCP
is intended to provide a means to standardize mitigation/compensation measures
for the Species of Concern so that, with respect to public and private development
actions, mitigation/compensation measures established by the CV MSHCP will
concurrently satisfy applicable provisions of Federal and State laws pertaining to
endangered species protection. It is further the intent of the Parties to eliminate
project by project review of the effect of development activities on the Species of
Concern., to the full extent authorized by law. It is also the intent of the CV MSHCP
to specify mitigation and/or compensation measures needed to lessen or avoid the
cumulative effects of development activities on Species of Concern and eliminate,
where possible, the requirement of case-by-case review of all such effects that will be
mitigated by the specified measures.
2.21 Section 7 of the ESA requires all federal agencies to initiate formal consultation
if their actions may affect federally listed species (50 CFR § 402.14). Though a
conservation plan may address federal land, the issuance of a Section 10(a) permit
does not eliminate the need for federal agencies to comply with Section 7.
Nonetheless, a federal agency may, regardless of whether that agency is a Party to
this MOU or any conservation plan, use the mitigation/compensation measures
established by the CV MSHCP towards fulfilling the requirements of Section 7.
3.0 COMPONENTS OF THE CV MSHCP
The CV MSHCP will include, but not be limited to: (1) a long term conservation
plan for Species of Concern and their habitats; (2) an Implementation/
Management Agreement to ensure the execution of the conservation plan;
September 25, 1995 3
(3) Section 10(a) permits to authorize incidental take of federally listed species,
and Fish and Game Code Section 2081 tMOUs to authorize incidental take of state
Listed species; (4) Conservation (Pre-listing) Agreements recognizing that the
conservation plan meets ESA, and CESA requirements to authorize incidental
take for Species of Concern should they be listed in the future; (5) assurances that
no requirements beyond those specified in the CV MSHCP and the
Implementation/Management Agreement will be imposed by the state and
federal governments; (6) provisions for continuing operations and maintenance
of existing public facilities; and (7) provisions for evaluating the siting of new
public facilities within habitat conservation areas.
3.1 -Qnnsexza_tion Ian A conservation plan will be prepared for Species of
Concern and their habitats and, subject to city and county approval, submitted to
the SERVICE as part of an application for a Federal permit authorizing incidental
take of federally listed endangered and threatened species pursuant to Section
10(a) of the ESA, and to the DEPARTMENT as part of the application for a CESA
VIOU authorizing incidental take of state listed endangered and threatened
species pursuant to Section 2081 of the Fish and Game Code. It is also intended
that the conservation plan will be the basis for a biological opinion pursuant to
Section 7 of the ESA for Federal agencies which are party to this MOU. The
conservation plan shall specify the mitigation/compensation measures that may
be used towards fulfilling the requirements of federal and state law, including
but not limited to ESA and CESA, regarding the protection of the Species of
Concern and their habitats. The CV MSHCP shall assess the extent to which
existing conservation lands provide viable habitat for the Species of Concern and
could be a component of the conservation plan.
3.1.1 The Scope of Work for the development of the conservation plan is
attached to this MOU, and hereby incorporated by reference, as Exhibit C. All
parties to this MOU have reviewed the Scope of Work and acknowledge that, if
properly implemented, the Scope of Work will provide adequate information
and constitutes an adequate process to develop a conservation plan which will
meet the requirements of the ESA and the CESA for purposes of conserving
species and authorizing incidental take.
3.2 lememtation/Nfana-,erne..+ Pe A meni The Parties shall cons_Tmn ider for
approval an enforceable Implementation/Management Agreement to define the
respective rights, obligations, authorities, responsibilities, liabilities, benefits, and
privileges of the Parties with respect to implementation of the conservation plan.
The Agreement will establish an administrative process to implement the
management and protection measures adopted as part of the conservation plan.
The Agreement will need to be approved by the cities and the County before
incidental take permits and conservation (pre-listing) agreements will be
approved by the SERVICE and the DEPARTMENT.
3.3 Pe_rmi pplications. Upon completion of the conservation plan, the
County and the cities may collectively submit applications for incidental take
pursuant to Section 10(a) of the ESA and Section 2081 of the Fish and Came
September S, 1995 1
• 0
Code. It is the intent of the Parties that the term of these permits shall be 30
,years.
3.4 nnservatinn (PrP�1Sting)-Agrpnm n s It is the intent of the Parties that
the conservation plan shall provide for the long term preservation of Species of
Concern which are not currently listed as threatened or endangered such that
should they become listed, the DEP_ARTv1E vT and the SERVICE shall authorize
incidental take for the species under the terms and conditions of the CV MSHCP.
3.5 Assurances. Pursuant to the Department of the Interior's and Department
of Commerce's joint "No Surprises" policy for HCPs, the CV MSHCP will
incorporate legal assurance that the federal government will not seek
additional property interests or financial compensation beyond the level which is
otherwise adequately provided under the terms of the CV yISHCP because of
changes in the status of affected species.
3.6 Operation and Maintenance of Fxistinorptb)ic�rcilities. It is the intent
of the Parties that the CV MSHCP will provide for the cities, the County, water
agencies, flood control districts, utilities, and other public entities to conduct
those activities necessary to operate and maintain public facilities located
throughout the CV MSHCP area.
3.7 Sitino new PLblic Facilities within Habi at_Consencation Areas-
With respect to habitat conservation areas established by the CV hfSHCP, it is
the intent of the Parties that new public facilities will not automatically be
excluded from these areas, and that new public facilities may be permitted in
these areas if it is determined through the CEQA and -EPA processes that they
would not have a significant adverse impact on the viability and ecological
integrity of the habitat conservation areas; they are consistent with the intent
and purpose of the Implementation/ibfanagement Agreement; and there is no
practicable alternative available. Pursuant to CEQA and NEPA, mitigation
and/or compensation measures may be required. In addition, during the
preparation of the CV MSHCP the Parties will identify all potential future public
facilities in habitat conservation areas and, to the extent feasible, assess the
potential impacts of these facilities. Where the impacts can be adequately
assessed through the CEQA and NEPA documentation for the CV YISHCP, a
finding may be made in the CV MSHCP that such facilities are permissible under
the CV MSHCP subject to project approvai by the appropriate lead agency, and
the inclusion of appropriate mitigation measures.
4.0 INTERIM PROJECT REVIEW GUIDELINES
Interim Project Review Guidelines are attached as Exhibit D, herein incorporated
by reference. The Guidelines, which may be utilized during the preparation of
the CV NISHCP, provide for the timely review by the SERVICE and the
DEPARTMENT of individual projects which have the potential to preclude long
term preservation planning or impact the viability of biological resources.
September S, 1995
5.0 CV MSHCP PLANNING PROCESS
The CV MSHCP will be prepared under the direction of the Coachella Valley
Association of Governments (CVAG). CVAG will be responsible for- (1) entering
into and overseeing contracts with consultants as needed, (2) administering
funds secured for plan preparation, and (3) performing other administrative
functions. The CVAG Executive Committee shall make decisions regarding
administrative matters or delegate necessary authority to fulfill administrative
functions to CVAG staff. Policy decisions, such as approval of the CV MSHCP,
including permit applications, environmental documents, and the like, shall be
made by each of the participating cities and the County, and by the other
signatories to the MOU as their interests are affected.
5.1 Poke r�,4dvisor7—G�rv-up- A Policy Advisory Group (FAG), similar to the
PAG which has assisted CVAG in the preliminary phases of the CV MSHCP
effort to date, shall be established to provide input and support to CVAG in the
preparation of the CV MSHCP. Tile PAC shall meet on a regular basis and shall
consist of the representatives of the Parties to this MOU, insofar as each may
agree to serve, and any other members as may be invited to participate by all of
the Parties. it is the intent of the Parties to include, at a minimum, representatives
of business, agricultural, conservation, development, and property-owner
interests on the FAG.
5.2 Public Participation It is the intent of the Parties to provide ample
opportunity for and to encourage public participation in the development of the
CV MSHCP. This may be accomplished through an appropriate combination of
workshops, forums, meetings, and written materials made available to the
public.
6.0 FUNDING AND ECONOA41C IMPACT ANALYSIS
CVAG will coordinate securing funds for the preparation of the CV NLSHCP. The
Parties may assist CVAG in securing necessary funding. Funding sources to be
explored include, but are not limited to, federal, state, and local agency funds
(including grants, loans, and staff commitments), foundation grants, and
contributions from organizations and individuals.
It is the intent of the Parties that the potential economic impacts and benefits of
the CV NISHCP will be assessed, and that appropriate measures will be
incorporated into the CV MSHCP and implementation Agreement to address
any impacts, including funding equity issues. To accomplish this, the Parties
agree that an impact analysis model will be developed, and that this model will
be used to develop a Fiscal impact Report in conjunction with the preparation of
the CV MSHCP to provide each jurisdiction with an understanding of the CV
MSHCP's impact and potential adjustments to the CV MSHCP to address those
impacts. An example of the need for this type of analysis is the potential impact
of setting aside lands for habitat protection if those lands are within a benefit
September 5, 1995 6
assessment district, such as a road and bridge assessment district intended to
finance regional transportation rnprovements. Potential revenues from
development on such lands would no longer be available, potentially causing a
funding shortfall for public services and facilities. A suggested framework and
general methodology for the economic impact analysis is attached as Exhibit E,
herem incorporated by reference. The CV NISHCP shall also include provisions
for the preparation of an annual Fiscal Impact Report to monitor the potential
fiscal effects of implementation of the CV MSHCP and to provide
recommendations for adjustments in how implementation commitments are
met. Exhibit E further identifies the suggested contents and purposes of the
annual Fiscal Impact Report.
It is further the intent of the Parties that funding for implementation of the CV
MSHCP shall reflect a fair share contribution by federal, state, and local agencies.
7.0 ENVIRONMENTAL REVIEW
Both state and federal environmenrtal review of the CV NLSHCP will be required.
7.1 California-Enyiranment- ,Qvali Act (CEQ-Al-Compjiancr, approval
of a CV V(SHCP is an action subject to CEQA review. CVAG will act as the lead
agency under CEQA for the preparation of environmental documents. In the
preparation of the environmental documents, the DEPARTMENT, the cities, and
the County shall act as responsible agencies pursuant to CEQA. The CV MSHCP
and accompanying environmental documents shall function as a Master
Environmental Assessment ("llEA:") pursuant to CEQA with respect to
biological resources. The preparation of an MEA is intended to avoid duplicative
reconsideration in subsequent projects of basic policy considerations and to
ensure consideration of cumulative effects of project impacts. The MEA, would
provide agencies with information to use in initial studies to decide whether
certain environmental effects would be likely to occur and whether the effects
would be significant. Future projects within the CV MSHCP area which comply
with measures described in the CV MSHCP to avoid or mitigate significant
impacts to Species of Concern could reference the & A with respect to
biological resource issues in preparing environmental documents.
7.2 N2fionai Fnvironmennt 1a`?glicv Act (NE-PA) Comnlia_ nc�_Issuance of a
Section 10(a) permit by the SERVICE is an action subject to NEPA review. The
SERVICE is the lead agency under NEPA and will prepare, or cooperate in the
preparation of, either an Environmental Assessment ("EA") or an Environmental
Impact Statement ("EIS"), as appropriate, with regard to the Section 10(a) permit
and accompanying conservation plan. The SERVICE may enter into an
agreement with CVAG whereby the EA or EIS may be prepared and circulated
by CVAG concurrently with the environmental documentation prepared by
CVAG pursuant to CEQA.
September 25, 1995 7
By Date
Director,
California Department of Fish and Came
Sacramento, California
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By — Q Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of Indian Wells
Indian Wells, California
By Date
"fayor,
City of Indio
Indio, California
September 25, 1995 9
- - 11y
By Date
Director,
California Department of Fish. and Game
Sacramento, Califorua
By Date
Chairman,
Riverside County Board of Supervisor
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By Date
Mayor,
City of Coachella
Coachella, California
73
By Gerald F. Pisha Date Sanuar3 16, 1996
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of indian Wells
Indian Wells, California
By Date
Mayor,
Citv of Indio
Indio, California
September 25, 1995 9
By Date
Director,
California Department of Fish and Came
Sacramento, California
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
By _ Date
Mayor,
City of Coachella
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
7
B ���. Date November Z , 1995
M or,
ity of Indian Wells
Indian Wells, California
By _ Date
Mayor,
City of Indio
Indio, California
July 13. 1995 9
By Date
Dtreczor,
California Department of Fish and Game
Sacramento, California
By . Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral City, California
ov Date
Mayor,
City of Coachella
Coachella, Calitornia
By _ Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By _ Date
Mayor,
City of Indian Wells
Indian Wells, California
� n
B Date
Ey
or,of oc liforria
September 25, 1995 9
3.0 TERNIS OF THE MOU
3.1 Effective Date of Aareement. This MOU shall take effect upon the dates of
signature.
3? Amendment of the MOU. This MOU may be amended from time to time with
the concurrence of all Parties. Approved amendments must be in writing.
8.3 Termination. The MOU shall automatically terminate upon approval and adoption
of the CV MSHCP or on December 31, 1997, whichever occurs first, unless
extended through an amendment.
GLENDA BANGERTEPR, , yor
City of La Quinta, California
ATTEST:
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
�L .n L d , Le I �
DAWN C. HONEYWE L, City Attorney
City of La Quinta, California
By Date
Mayor,
City of La Quinta
La Quinta, California
By "S �' L /C�_- Date November 27, 1995
Mayor,
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City of Palm Springs
Palm Springs, California
By Date
Mayor,
City of Rancho Ntirage
ffj Rancho Mirage, California
By Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
September —25, 1995 10
A
By Date
Mayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By'1 �` Date
Mayor,
City of Palm Springs
Palm Springs, California
ATTEST: CITY OF PALM SPRINGS, C.ALIFORNIA ����"
City Clerk
By Date
Mayor,
City of Rancho Mirage
Rancho Mirage, California
By Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
ai•�:;. ;,�. sty �l � - r ��r
September 25, 1995 10
By Date
Mayor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City of Palm Springs .
Palm Springs, California
By � Date
I�yor, Jeanne E. Parrish
'--City of Rancho Mirage
Rancho Mirage, California
By _ Date
Chairman,
Coachella Valley Association of Governments
Palm Desert, California
September S, 1995 10
By Date
tifavor,
City of La Quinta
La Quinta, California
By Date
Mayor,
City of Palm Desert
Palm Desert, California
By Date
Mayor,
City of Palm Springs
Palm Springs, California
By Date
Mayor,
City of Rancho Nfirage
Rancho Mirage, California
Bye
Ch sman,
Caathella Valley Association of Governments
Palm Desert, California
September 25, 1995 10
MINUTOOF THE BOARD OF SUPERVIS4&
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA a ,
Page 1 of 2
2 . Ob
9 : 30 a. m. being the time set for consideration of the Status
Report and Policy Direction for County Participation in the
Development of a Multi.-Species Habitat Conservation Plan for
Western Riverside County, the Chairman called the matter for
discussion.
A motion was made by Supervisor Ceniceros that the above
matter be tentatively continued to a workshop on Monday, January
22 , 1996 .
;lotion failed for lack of a second .
Supervisor Ceniceros noted that continuing the matter will
allow time to consider funding issues and the habitat will be able
to present policy issues .
Supervisor Tavaglione suggested late January or early February
for a workshop .
Supervisor Buster mentioned that the resolution has many legal
problems and wants it scheduled before the 18th.
Supervisor Ceniceros made a motion to continue the above
matter to Tuesday, January 9 , 1996 at 3 : 30 p .m.
Motion failed for lack of a second.
I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on
December 18 , 1995 of Supervisors Minutes.
WITNESS my hand and the seal of the Board of Supervisors
Dated: December 19 , 1995
Gerald A. Maloney, Clerk of the Board of Supervisors, in and for
(seal) the County of 'versi a State of California.
By, N > Deputy
AGENDA NO.
2 . Ob
In u-os is,en xc : A.O. , CoCo, CV` G, Coachella Valley Habitat Pelicv Committee
MINUTOOF T -H- BOARD OF SUPERVIS&
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA of el
Page 2 of 2
On motion of Supervisor Ceniceros , seconded be Supervisor
Mullen and duly carried by unanimous vote , IT WAS ORDERED that the
above matter is continued to Monday, December 18 , 1995 at 3 : 30 p . m.
3 : 30 p . m. being the time set for consideration of Status
Report and Policy Direction for County Participation in the
Development of a Multi-Species Habitat Conservation Plan for
Western Riverside County, the Chairman called the matter for
discussion .
On motion of Supervisor Ceniceros , seconded by Supervisor
Tavaglione and duly carried by uanimous vote , IT WAS ORDERED that
the January, 1996 Monday meeting , is rescheduled from January 29 ,
1996 to Monday , January 8 , 1996 at 9 : 30 a. m. , and that the above
matter is scheduled for a workshop on January 8 , 1996 at 9 : 30 a .m.
I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on
December 18 , 1995 of Supervisors Minutes.
WITNESS my hand and the seal of the Board of Supervisors
Dated_ December 18 , 1995
Gerald A. Maloney, Clerk of the Board of Supervisors, in and for
(seal) the C of v ide, State of California.
� P nJ
AGENDA NO.
2 . Ob
,M IIOS eN9
By L Dat n/Z .
Directo ,
California Department of Fish and Game
Sacramento, California
By Date
Chairman,
Riverside County Board of Supervisors
Riverside, California
By Date
Mayor,
City of Cathedral City
Cathedral. City, California
By Date
Mayor,
City of Coachella
i
Coachella, California
By Date
Mayor,
City of Desert Hot Springs
Desert Hot Springs, California
By Date
Mayor,
City of Indian Wells
Indian Wells, California
By Date
Mayor,
City of Indio
Indio, California
September 25, 1995 9
8.0 TERMS OF THE MOU
8.1 Effective Date of Agreement. This NIOU shall take effect upon the dates of
signature.
8.2 Amendme_nt of je MD_jL This NIOU may be amended from time to time
with the concurrence of all Parties. Approved amendments must be in writing.
8.3 Termination- The MOU shall automatically terminate upon approval and
adoption of the CV NISHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment.
EN WITNESS WHEREOF, THE PARTIES HERETO have executed this
Memorandum of Understanding, on the date(s) set forth below, as of the day
and year first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date 1 9 C
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
September 25, 1995 8
8.0 TERMS Or THE MOU
8.1 Effective Date of Agreement, This MOU shall take effect upon the dates of
signature.
8.2 Ajnendment_oLaeMDii. This MOU may be amended from time to time
with the concurrence of all Parties. Approved amendments must be in writing.
8.3 Termination. The MOU shill automatically terminate upon approval and
adoption of the CV MSHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment.
IN WITNESS WHEREOF, THE PARTIES HERETO have executed this
Memorandum of Understanding, on the date(s) set forth below, as of the day
and year first above written.
By -w Date / !
ield Supervisor,
U.S. Fish and Wildlife Service
Carlsbad, California
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
By Date
Regional Director,
National Park Service
San Francisco, California
September 25, 1995 8
8.0 TERMS OF * MOU
8.1 Effective Date of Agreement This MOU shall take effect upon the dates of
signature.
8.2 Amendment of the MOIL This MOU may be amended from time to time
with the concurrence of all Parties. Approved amendments must be in writing.
8.3 Term;naf;on. The MOU shall automatically terminate upon approval and
adoption of the CV MSHCP or on December 31, 1997, which ever occurs first,
unless extended through an amendment.
IN WIT14ESS WHEREOF, THE PARTIES HERETO have executed this
Memorandum of Understanding, on the date(s) set forth below, as of the day
and year first above written.
By Date
Regional Director,
U.S. Fish and Wildlife Service
Portland, Oregon
By Date
State Director,
U.S. Bureau of Land Management
Sacramento, California
By Date
Forest Supervisor,
U.S. Forest Service
San Bernardino, California
y Date
Regional Director,
National Park Service
San Francisco, California
Contingent upon inclusion of changes in letter dated April 29, 1996
September 25, 1995 8
EXHIBIT A
BOUNDARIES OF THE
COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAIN
The area covered by the CV tilSHCP may generally be described as the
Coachella Valley and the surrounding mountains in Riverside County. This area
is bounded generally on the west by Cabazon, on the north by the San
Bernardino County line and the ridgeline of the Little San Bernardino Mountains,
on the east by the Chocolate Mountain Aerial Gunnery Range and the limits of
the Salt Creek watershed, and on the south by the Lmperial and San Diego
County lines and the ridgeline of the Santa Rosa and San Jacinto Mountains. To
facilitate GIS use and land use planning, boundaries have been squared off to
follow section lines rather than topographic features such as ridgelines. The
actual legal boundary is described below, and is followed by a generalized map
of the CV MSHCP area.
Legal description of the CV MSHCP area
The area covered by the CV MSHCP consists of that portion of Riverside County
bounded by a line commencing at the intersection of the San Bernardino-Riverside
County boundary and the range line common to R. 1 E. and R. 2 E.;
thence south along that range line to its intersection with the section line common
to sections 6 and 7, T. 4 S., R. 2 E.; thence east along that section line to its
intersection with the section line common to sections 8 and 9, T. 4 S., R. 2 E.,
thence south along that section line to its intersection with the section line common
to sections 9 and 16, T. 4 S., R. 2 E.,, thence east along that section line to its
intersection with the range line common to R. 2 E. and R. 3 E.;
thence south along that range line to its intersection with the section line common
to sections 18 and 19, T. 4 S., R. 3 E.; thence east along that section line to its
intersection with the section line common to sections 20 and 21, T. 4 S., R. 3 E.;
thence south along that section line to its intersection with the section line common
to sections 20 and 29, T. 4 S., R. 3 E.; thence west along that section line to its
intersection with the section line common to sections 29 and 30, T. 4 S., R. 3 E.;
thence south along that section line to its intersection with the section line common
to sections 29 and 32, T. 4 S., R. 3 E.; thence east along that section line to its
intersection with the section line common to sections 32 and 33, T. 4 S., R 3 E.;
thence south along that section line to its intersection with the section line common
to sections 9 and 16, T. 5 S., R. 3 E.; thence east along that section line to its
mtersection with the section line common to sections 15 and 16, T. 5 S., R. 3 E.;
September 25, 1995 11
thence south along that section line to its intersection with the section line common
to sections 15 and 22, T. 5 S., R. 3 E.; thence east along that section line to its
intersection with the section line common to sections 22 and 23, T. 5 S., R. 3 E.;
thence south along that section line to its intersection with the section line common
to sections 23 and 26, T. 5 S., R. 3 E..; thence east along that section line to its
intersection with the section line common to sections 25 and 26, T. 5 S., R. 3 E.;
thence south along that section line to its intersection with the township line
common to T. 5 S. and T. 6 S.; thence east along that township line to its
intersection with the section line common to sections 5 and 6, T. 6 S., R. 4 E.;
thence south along that section line to its intersection with the section line common
to sections 5 and 8, T. 6 S., R. 4 E.; thence east along that section line to its
intersection with the section line common to sections 8 and 9, T. 6 S., R. 4 E.;
thence south along that section line to its intersection with the section line common
to sections 21 and 29, T. 6 S., R. 4 E.; thence east along that section line to its
intersection with the section line common to sections 27 and 28, T. 6 S., R. 4 E.;
thence south along that section line to its intersection with the township line
common to T. 6 S. and T. 7 S.,; thence east along that township line to its
intersection with the section line common to sections 2 and 3, T. 7 S., R. 4 E.;
thence south along that section line to its intersection with the section line common
to sections 14 and 23, T. 7 S., R. 4 E..; thence east along that section line to its
intersection with the section line common to sections 23 and 24, T. 7 S., R. 4 E.;
I
hence south along that section line to its intersection with the section line common
to sections 24 and 25, T. 7 S., R. 4 E.; thence east along that section line to its
intersection with the section line common to sections 29 and 30, T. 7 S., R. 5 E.;
thence south along that section line to its intersection with the section line common
to sections 29 and 32, T. 7 S., R. 5 E.; thence east along that section line to its
mtersecton with the section line common to sections 35 and 36, T. 7 S., R 5 E.;
thence south along that section line to its intersection with the township line
common to T. 7 S. and T. 8 S.; thence east along that township line to its
intersection with the range line common to R. 5 E. and R. 6 E.;
thence south along that range line to its intersection with the section line common
to sections 6 and 7, T. 8 S., R. 6 E.; thence east along that section line to its
intersection with the section line common to sections 7 and 8, T. 8 S., R. 6 E.;
thence south along that section line to its intersection with the section line common
to sections 8 and 17, T. 8 S., R. 6 E.; thence east along that section line to its
intersection with the section line common to sections 16 and 17, T. 8 S., R. 6-E.;
September 25, 1995 12
thence south along that section line to its intersection with the section line common
to sections 16 and 21, T. 3 S., R. 6 E.; thence east along that section line to its
intersection with the section line common to sections 72 and 23, T. 3 S., R. 6 E.;
thence south along that section Iv1e to its intersection with the section line common
to sections 23 and 26, T. 8 S., R. 6 E.; thence east along that section line to its
intersection with the range Line common to R. 6 E. and R 7 E.;
thence south along that range line to its intersection with the section Line common
to sections 30 and 31, T. 8 S., R. 7 E.; thence east along that section line to its
intersection with the section Line common to sections 32 and 33, T. 8 S., R. 7 E.;
thence south along that section line to its intersection with the Riverside-San Diego
County boundary; thence east along the Riverside-San Diego County boundary
and continuing along the Riverside-Imperial County boundary to its intersection
with the boundary of the tinted States Navy Chocolate Mountain Aerial Gunnery
Range;
thence Following that boundary northwesterly and thence northeasterly to its
intersection with the range Line common to R. 13 E. and R. 14 E.;
thence north along that range line to its intersection with the township line
common to T. 5 S. and T. 6 S.; thence west along that township line to its
intersection with the range line common to R. 12 E. and R. 13 E.;
thence north along that range line to its intersection with the section line common
to sections 12 and 13, T. 5 S_, R. 12 E.; thence west along that section line to its
intersection with the section line common to sections 10 and 11, T. 5 S_, R 11 E.;
thence north along that section line to its intersection with the section line common
to sections 3 and 10, T. 5 S., R. 11 E.; thence west along that section line to its
intersection with the range line common to R. 10 E. and R. 11 E.;
thence north along that range line to its intersection with the township line
common to T. 4 S. and T. 5 S.; thence west along that township line to its
intersection with the section line common to sections 35 and 36, T. 4 S., R. 10 E.;
thence north along that section line to its intersection with the section line common
to sections 26 and 35, T. 4 S., R. 10 E.; thence west along that section Line to its
intersection with the section line common to sections 26 and 27, T. 4 5., R. 10 E.;
thence north along that section line to its intersection with the section line common
to sections 15 and 22, T. 4 S., R. 10 E.; thence west along that section line to its
intersection with the section line common to sections 19 and 20, T. 4 S., R. 10 E.;
thence south along that section line to its intersection with the section line common
to sections 19 and 30, T. 4 S., R. 10 E.; thence west along that section line to its
intersection with the section line common to sections2 and 23, T. 4 S., R. 9 E.;
September S, 1995 13
thence north along that section line to its intersection with the section line common
to sections 10 and 15, T. 4 S., R. 9 E.; thence west along that section Line to its
intersection with the section litre common to sections 9 and 10, T. 4 S_, R. 9 E.;
thence north along that section lime to its intersection with the section line common
to sections 4 and 9, T. 4 S., R. 9 E.; thence west along that section line to its
intersection with the section line common to sections 4 and 5, T. 4 S., R. 9 E.;
thence north along that section line to its intersection with the township line
common to T. 3 S. and T. 4 S..; thence west along that township line to its
intersection with the section line common to sections 31 and 32, T. 3 S., R_ 9 E.;
thence north along that section line to its intersection with the section line common
to sections 30 and 31, T. 3 S_, R- 9 E.; thence west along that section line to its
intersection with the section line common to sections 25 and 26, T. 3S., R. 8 E.;
thence north along that section line to its intersection with the section line common
to sections 14 and 23, T. 3 S., R. 8 E.; thence west along that section line to its
intersection with the section line common to sections 15 and 16, T. 3 S., R. 8 E.;
thence north along that section line to its intersection with the section line common
to sections 9 and 16, T. 3 S., R. 8 E.; thence west along that section line to its
intersection with the section line common to sections 7 and 8, T. 3 S., R. 8 E.;
thence north along that section line to its intersection with the section line common
to sections 6 and 7, T. 3 S., R. 8 E.; thence west along that section line to its
intersection w-ith the range line common to R. 7 E. and R. 8 E.;
thence north along that range line to its intersection with the section line common
to sections 25 and 36, T. 2 S., R. 7 E.; thence west along that section line to its
intersection with the section line common to sections 25 and 26, T. 2 S., R 7 E.;
thence north along that section line to its intersection with the section line common
to sections 23 and 26, T. 2 S., R. 7 E.; thence west along that section line to its
intersection with the section line common to sections T? and 23, T. 2 S., R. 7 E.;
thence north along that section line to its intersection with the section line common
to sections 15 and 29, T. 2 S., R. 7 E.; thence west along that section line to its
intersection with the section line common to sections 15 and 16, T. 2 S., R. 7 E.;
thence north along that section line to its intersection with the section line common
to sections 9 and 16, T. 2 S., R. 7 E.; thence west along that section line to its
intersection with the section line common to sections 11 and 12, T. 2 S., R. 6 E.;
thence north along that section line to its intersection with the section line common
to sections 2 and 11, T. 2 S., R. 6 E_; thence west along that section line to its
intersection with the section line common to sections 2 and 3, T. 2 S., R. 6 E_;
September 25, 1995 14
thence north along that section line to its intersection with the San Bernardino-
Riverside Counry boundary; thence west along the San Bernardino-Riverside
County boundary to the point of origin.
September 25, 1995 15
Coachella Valley Multiple E cies Habitat Conservation Plan Area
Note; This map is for illuslralive purposes only. It fulluws topographic fualures, such as i
i ' I \ ,ill bDines, l., indirale svat.:r:,hcd end ul6er blob%ic.111y sI uilieeul buunJurien. Thu le ' il
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EXHIBIT B
COACHELLA VALLEY INLTIPLE SPECIES
HABITAT CONSERVATION PLAN
SPECIES OF CONCERN
Desert tortoise, Xerobates agassizii, (FT/ST)
Desert slender salamander, Batrachoseps aridus, (FE/SE)
California legless lizard, Anniella pulchra pulchra (SC)
Flat-tailed horned lizard, Phrynosoma mcallii, (FPE)
San Diego horned lizard, Phrynosoma coronatum blainvillei, (FC)
California red-legged frog, Rana aurora draytonii (FC1)
Mountain yellow-legged frog, Rana muscosa (FC2)
Arroyo toad, Bufo microscaphus californicss (FE/SC)
Lowland leopard frog, Rana yavapiensis (FCC/SC)
Desert pupfish, C,vprinodon macularius, (FE/SE)
Least Bell's vireo, Vireo beihi pusillus, (FE/SE)
Grav vireo, Vireo vicinior (SC)
Yellow warbler, Dendroi:a petectua brewsteri (SC)
Yellow-breasted chat, Icteria vixens (SC)
Willow flycatcher, Empidonax traillh, (SE/FPE)
Summer tanager, Piranga rubral
Crissal thrasher, Toxostoma crissale (SC)
Le Conte's thrasher, Toxostoma lecontei (SC)
Yuma clapper rail, Rallus longirostris umanensis, (FE/ST)
California black rail, Laterallus lamaicensis, (ST)
Burrowing owl, Speotyto cunicularca (SC)
Peninsular bighorn sheep, Ovis canadensis cremnobates, (FPE/ST)
California leaf-nosed bat, Macrotus californicus (F(—"?/SC)
Yuma myotis, Myotis yumanensis (FL/SC)
Long-eared myotis, Myotis evotis (FC2/SC)
Long-legged myotis, Myotis volans (FC%SC)
Western small-footed myotis, Myotis cifioiabrum (FC2/SC)
Fringed myotis, Myotis thvsanodes (FC2/SC)
Southern yellow bat, Lasiums egal
Western big-eared bat, Plecotus townsendii pallescens (FC)/SC)
September S, 1995 17
Pallid bat, Antrozous pallidus (SC)
Pocketed free-tailed bat, Tadanda femorosacca (SC)
California mastiff bat, Eumops perotis caifornicus (SC)
Palm Springs ground squirrel, Spermophilus tereticaudus chlorus, (FC2)
Palm Springs pocket mouse, Perognathus longimembris bangsi, (FC2)
Coachella giant sand treader cricket, Macrobaenetes valgum, (FC2)
Coachella Valley Jerusalem cricket, Stenopelmatus cahuilaensis, (FC2)
Coachella Valley grasshopper, Spaniacris deserticolal
Casey's June beetle, Dinacoma caseyil
Euphilotes enoptes cryptorufesl
Morongo desertsnail, Eremarionta morongoana, (FC2)
Thousand Palms desert snail, Erenaarionta millepalmarum, (FC2)
Coachella Valley milk-vetch, Astragalus lentiginosus var. coachellae, (FPE)
Triple ribbed milk-vetch, Astragalus tricarmatus, (FPE)
Mecca aster, Nfachaeranthera co-natal
Little San Bernardino Mountains Cilia, Gilia maculata, (FC1)
California ditaxis, Ditaxis califoriuca (FCC)
Orocopia sage, Salvia greatae, (FC2)
Species About Which More Information is Needed
Before Deciding Whether or Not to Include Them2
Robison's Monardeila, Monardella robisonii, (F(—'?)
Glandular ditaxis, Ditaxis dariana (CINPS List 2)
Cliff spurge, Euphorbia misera (C�iPS List 2)
Flat seeded spurge, Chamaesyce (FC2)
1 These species have no official status at this time; however, the SERVICE and
the Scientific Advisory Committee have recommended inclusion of the sepcies
because of the likelihood of their being elevated to listing status in the coming
years due to their ranty and decline.
2 These species will be evaluated during the first phase of preparation of the CV
MSHCP to determine whether or not they should be included as Species
of Concern.
September S, 1995 18
Sensitive Natural Communities to be Considered in the
Coachella Valley MSHCP
Desert Sink Scrub
Desert Dry Wash Woodland
Active Desert Dunes and sand source areas
Stabilized and Partially-stabilized Desert Dunes
Stabilized and Partially-stabilized Desert Sand Fields
Mesquite Bosque
Sonoran Creosote Bush Scrub
Sonoran Mixed Woody and Succulent Scrub (alluvial fans and siopes)
Desert Fan Palm Oasis Woodland
Southern Cottonwood Willow Riparian Forest
Southern Sycamore Alder Riparian Forest
Freshwater Marsh
Semi-desert Chaparral
Mesic North Slope Chaparral
Redshank Chaparral
Peninsular Juniper Woodland and Scrub
Peninsular Pinon Woodland
Jeffrey Pine Forest
Jeffrey Pine-Fir Forest
Southern California White Fir Forest
Lodjepole Pine Forest
Southern California Subalpine Forest
Southern California Fell Field
Key: FE = Federal Endangered
FT = Federal Threatened
FPE = Proposed for Federal Endangered listing
FC1 = Candidate for federal listing, sufficient information exists to
support a proposal to List
FC2 = Candidate for federal listing, additional information needed
to support proposal to list
FC3 = Candidate for federal listing, but may be sufficiently
widespread or nol: threatened
5E = State Endangered
ST = State Threatened
SC = Species of Special Concern (spedes which may become listed in the near future
due to habitat modification or destruction, over-collecting, disease, or other
threats)
September S, 1995 19
EXHIBIT C
SCOPE OF WORK
SECTION 1: APPROACH
The CV MSHCP is being developed through a multi-agency, cooperative effort (see
Attachment 1) whereby as much of the work as possible is being performed by the
participating agencies themselves, with consultants retained selectively to supplement
the work of the agencies. Project management is being provided by CVAG and CVMC
staff. CVAG and CVyIC staff, working closely with the Policy Advisory Group (PAG)
and the four working committees established by the PAG, and assisted by CVAG legal
counsel, will be responsible for the overall drafting of the CV MSHCP, utilizing
mformation provided by the participating agencies and consultants. The four working
committees are the Scientific Advisory Committee (SAC), the Land Use Committee
(LUC), the Public Participation Committee (PPC), and the Fiscal Issues Committee
(FIC). The PAG may establish additional committees if needed, or terminate any of the
existing committees if its function is completed. The GIS database and analyses will be
undertaken by a CIS team consisting of the County of Riverside, the Bureau of Land
Management, and the SERVICE, with oversight and support from CVAG and CVMC
staff, and the SAC. Participating agency staff and consultants will be utilized to generate
and provide information and Specific types of analysis as needed. The CV MSHCP will
be developed in four phases, generally described below. Specific task descriptions are
provided in Section 2 of this Scope of Work. NOTE: written approval of the products
produced in each phase and authorization to proceed will be required of the
DEPARTMENT, the SERVICE, the PAG, or from all Parties, as appropriate, before a
subsequent phase will be initiated.
Phase 1: (a) Data Gathering and Interim Project Review, (b) Technical
Analysis
To assist in establishing quantitative goals for the CV YISHCP, biologists from
participating agencies, including the DEPARTMENT and the BUV, and consultants will
gather data regarding species occurrence, distribution, ecology, and habitat quality. The
SAC has determined that sufficient information exists for some of the Species of
Concern. Data gathering efforts will focus, therefore, on compiling this information and
on field surveys only for those species for which additional information needs have
been identified. The data needs have been specified in a Request for Proposals which
was disseminated on January 20, 1995. The Request for Proposals was reviewed and
approved by the SERVICE and the DEPARTMENT.
Also in Phase la,'a vegetation map of the CV 2N/1SHCP area will be developed. This task
will be accomplished by CVMC and BLiVi staff, and the CIS Team, with support from
the SAC. Various biological, geographic, and land use data layers will be created by the
GIS Team. Approval of a Baseline Conditions Report will be secured from the PAG.
The Interim Project Review Guidelines will be initiated to provide early input by the
DEPARTMENT and the SERVICE on projects which might have the poten6ai to affect
September 25, 1995 20
long term preservation planning and the viability of Species of Concern This early
input will afford maximum opportunity to avoid, minimize, or mitigate these impacts.
Opportunities to acquire habitat which is clearly of value for the CV 1VfSHCP preserve
system will also be pursued through grants and other available funding sources.
Phase 1b: Technical Analysis
Usmg biological data gathered in Phase la, the CIS Team, assisted by the SAC,
will model species and habitat distribution in the CV tiISHCP area, and analyze
this information to identify gaps in the existing level of protection for the Species
of Concern. The GIS Team will also perform a quantitative analysis of city and
county general plans and anticipated public projects, as well as KIM, USF5, NPS,
and DEPARTMENT management plans, to determine the magnitude of
incidental take of Species of Concern and their habitats expected to result from
general plan activities and other anticipated land use activities in the CV ?ISHCP
area, including conversion of land to agriculture, and activities anticipated to
occur on public lands. Note: this analysis will be refined as preserve design
alternatives and conservation measures proposed by the CV VISHCP are
developed and assessed.
A public forum will be held to present information to, and receive input from,
the public. An agency workshop will also be held to present information to and
receive input from the participating agencies. Written approval of the Phase 1b
products will be obtained from the DEPARTIdENNT, the SERVICE, and the PAC
before proceeding to Phase 2.
Phase 2: Plan Design and Preparation
CVAG and CVMC staff will prepare an administrative review draft of the CV
iMSHCP. The GIS Team, assisted and overseen by CVAG and CVNiC staff and
by the SAC, will prepare and provide maps for recommended and alternative
preserve designs including the amount, type, and locations of target
conservation areas sufficient to offset levels of incidental take of Species of
Concern and loss of habitat. A fiscal and economic analysis will be prepared
based on the recommended and alternative preserve designs and conservation
measures proposed in the administrative review draft. A consultant may be
retained to prepare the economic analysis. The economic analysis will evaluate
the cost of implementing the CV yISHCP and the economic impact resulting
from CV MSHCP required changes to general plan land uses and changes in
other land use activities induced by the CV" 1vISHCP. The economic analysis will
also evaluate potential financing alternatives and funding sources for
implementation of the CV tifSHCP. A preliminary environmental effects analysis
will also be prepared to identify probable issues to be addressed in the
CEQA/NEPA documents which will be prepared later. The analysis is intended
to facilitate evaluation of the administrative review draft by the PAG. Written
approval of the Phase 2 work products will be secured from the participating
agencies before proceeding to Phase J.
September 25, 1995 21
Phase 3
Based on the economic analysis and input Erom the FAG, the public, and the
participating agencies, CVAG and CVtiLC staff will revise the administrative
review draft of the CV LVfSHCP to prepare a draft CV NEHCP for CEQA and
NEPA review purposes. The GIS Team will perform additional analysis of
preserve designs and the calculation of incidental take as needed, and prepare
maps for the draft CV 'ISHCP. A consultant may be retained for preparation of
CEQA and NEPA documents.
CVAG and CVMC staff will prepare a draft Implementation Agreement and
10(A)(1)(b) Permit; 2081 Management Authorization, and 2090 Biological Opinion
applications; and a draft Conservation Agreement to provide incidental take for
Species of Concern if and when they become listed as threatened or endangered
m the future.
A public forum will be held to present the draft plan to and receive input from
the public. A workshop will also be held to present the draft plan to and receive
Lnput from the participating agencies and the FAG_ Written approval of the
Phase 3 work products will be secured from the participating agencies before
proceeding to Phase 4.
Phase 4: Plan Approval and Submittal
The Draft CV MSHCP; the Draft Implementation Agreement; 10(A)(1)(b) Permit,
2081 Management Authorization, and 2090 Biological Opinion applications; and
the draft Conservation Agreement will be submitted to the cities and the
County, as well as to the BUM, USFS, and N—i S, for review. CVAG and CVtiIC
staff will make presentations to city councis and the Board of Supervisors as
needed, and will meet with representatives of other agencies as needed.
Based on input from the participating agencies (including the SERVICE and the
DEPART'IENP), the PAC, and the public, including comments received through
the CEQA and NEPA processes, CVAG and CVNIC staff will prepare the Final
CV MSHCP and Final Implementation Agreement. CVAG and CVMC staff will
also revise the 10(_=1)(1)(b) Permit, 2081 Management Authorization, and 2090
Biological Opinion applications, and the draft Conservation Agreement, as
needed. Final CEQA and NEPA documents will also be prepared; a consultant
may be retained for this task.
Upon approval of the CV MSHCP;: Implementation Agreement; lo(A)(1)(b)
Permit, 2081 'Management Authorization, and 2090 Biological Opinion
applications; and the Conservation Agreement by the participating agencies, the
documents will be submitted to the SERVICE and the DEPARTMENT. After
review by these agencies, the documents may be revised if necessary. Any
proposed revisions will be reviewed by the PAG and will need to be approved
by the participating agencies. The CV 'ISHCP preparation process will conclude
with approval of the agreements and permits by the SERVICE and the
DEPART'IEiNT, and the implementation process will commence.
September 25, 1995 22
Section 2: TASK DESCRIPTIONS
Phase 1a: Data Gathering and Interim Project Review
7as1L1• Fingiiza information needs for species of cow
CVMC staff, woricing with agency biologists and volunteers as available, will
Qather available data on species, then convene meetings with biologists with
appropriate expertise, and with the DEPARTMEIN7 and the SERVICE, to
review and evaluate the information and identify additional information
needs for the Species of Concern to finalize agreement on data gathering
needs. Areas for focused biological surveys will be identified. Data from
these areas, combined with existing data, will be used in Phase 2 to model
species and habitat distribution in the CV MSHCP area. A preliminary
discussion of acceptable methodology for biological surveys for the various
species will also be conducted.
Task 2: nPVeIOD GIS data standards
The CIS Team will develop a protocol for biological data recordation to
facilitate its entry into the CIS. Similarly, data standards will also be
developed for other types of information: existing and proposed land use,
topography, parcel configuration, vegetation, existing and future public
facilities, and public ownership and conservation management.
loft Task 3: Issue REP and retain consultants
CVAG and CVNIC staff will develop and issue a Request for Proposals for
consultants to perform biological studies and surveys. CVAG will interview
and retain consultants to perform the needed work.
Task 1• Determine methodoloay1or surveys and habitat qualms assessment.
CVMC staff, participating agency biologists, volunteers,,and consultants will
confer with the DEPARTVlEi\F1 and the SERVICE to determine criteria for
assessing habitat quality for each Species of Concern, and to secure
agreement from the SERVICE and the DEPARTylENT on the methodology
for biological surveys.
Task 3: Data gathering' and biological mrvevvss
Agency biologists and consultants will collect and compile existing data and
conduct biological surveys, as needed, on species occurrence, distribution,
and ecology, and will assess habitat quality. Note: based on information
gathered, the Species of Concern list (Exhibit B) may be amended to either
add or remove species as appropriate.
September 25, 1995 23
T_askS•-ne l vebQ+�+ion ms¢
CVTvIC staff and the GIS Team, in consultation with the SAC, will develop a
vegetation map and secure approval of it from the SERVICE and the
DEP ARTMENNT.
Task 7: Prepare CT �rs
CVAG and CVMC staff will collect information for the GIS Team on existing
and proposed land use, topography, parcel configuration, infrastructure, and
public ownership and conservation management. The GIS Team will prepare
data lavers for:
• species occurrence, distribution, and habitat quality
• parcel size and configuration
• topography, floodplain, and other geographic features
• vegetation
• jurisdictional boundaries, including special and assessment districts,
spheres of influence, municipal area committee boundaries, etc.
• existing land use (agriculture, urban, open space, etc.)
• proposed future land use (general plan designations)
• public facilities (existing and proposed)
• existing public land and conservation management areas
Task 8• Implement Interim Project Rac 'ew Gindelines
CVAG, the participating agencies,. the DEPARTMENT, and the SERVICE will
initiate the cooperative Interim Project Review Process.
Task 9, Initiate land acquisition pncigram a�ropriate
CVAG and the participating agencies will avail themselves of acquisition
opportunities when habitat which is clearly of value for the CV MSHCP
preserve system is available for acquisition through a grant or other means.
Task 10: Public informatio_ n orograin
The public information program will include public forums and periodic
publication and dissemination by CVAG and CVMC staff of a newsletter to
the interested public. Materials to be mailed will be developed in conjunction
with the Public Participation Committee of the PAG.
Task 11 Review of Basel ingC ondihona Rep-Qrt by participating ag nc s
The Baseline Conditions Report: and vegetation map will be sent to all
participating agencies and PAG with a request for their review and comment
prior to action pursuant to Task 12.
September 25, 1995 24
Zack 1�• �o rov >S�all hori7at19n_to_pZoceed
Written approval of Phase la products and authorization to proceed to
Phase 2 will be secured from the FAG.
Producia
• Baseline Conditions Report and Maps. This report will provide a picture
of the existing situation in the planning area, including the results of the
biological survey findings, land use information, and existing conservation
information. The report and maps will also depict currently proposed
future land use and public facilities information in the CV MSHCF area.
• Vegetation map.
Phase lb: Technical Analysis
Task 1: Mndelinrand and
Using biological data gathered in Phase 1, the CIS Team, assisted by the SAC,
will model species and habitat: distribution in the CV MSHCP area. The
modeling technique will be developed by the CIS Team and approved by the
DEPARTMENT and the SERVICE. This information, combined with land use
and ownership and management information will be used to:
40 • Identify existing conservation areas for the Species of Concern.
• Identify gaps in the existing level of protection for the Species of Concern.
• Identify additional conservation requirements, including movement
corridors, for the Species of Concern.
Task 7• Determine magnitude of anticipated incidental take. and habitat loss
The CIS Team will conduct a quantitative analysis of general plans and
management plans on public lands to determine the magnitude of
anticipated incidental take and habitat loss for the Species of Concern.
Task Aaa�,nq--ork.shoo
CVAG and CVMC staff will conduct a workshop with staff from the
participating agencies to review the results of tasks 1 and 2, and obtain input
from the agencies.
Task 4- Policy Advisory (3cmin eating
CVAG and CVMC staff will meet with the FAG to review the results of tasks
1, 2, and 3, and obtain input from the FAG members.
September 25, 1995 25
Task S: P �blic fo �m and agency rem
CVAG and CVtiIC staff, and representatives of the participating agencies,
will conduct a public forum to provide irformation to and receive input from
the public. The Phase 1b work products will be sent to the participating
agencies with a request for their review and comment prior to action
pursuant to Task 6.
Task 6• Ap�tQYal and a�hori�ation rn_nrors�
Written approval of Phase Ib products and authorization to proceed to
Phase 2 will be secured from the DEPARTMENT, the SERVICE, and the PAG.
Prod�ta
• GIS maps depicting the results of the modeling and analysis, and the
magnitude and extent of anticipated incidental take and habitat loss.
• Narrative summary of technical analyses report.
Phase 2 Preliminary Plan Design and Preparation
Task 17 Preseryp Design
CVAG and CVtiIC staff will work with the CIS Team, and consult with the
SAC, the LliC, and the PAG to develop recommended and alternative
preserve designs and recommended conservation measures for the Species
of Concern.
Task�narP administr�tiv r � 'e�r dr^(t �f C'V V(SN('p
CVAG and CV IMC staff, in consultation with legal counsel, will prepare an
administrative review draft of the CV ILSHCP (with maps prepared by the
CIS Team) for administrative review. The draft will include the
recommended and alternative preserve designs and provide the following
additional information/analysis:
• the proposed activities which may result in incidental take, including the
operation and maintenance of existing public facilities
• the impacts which will likely result from such take
• the potential effects of future proposed public facilities in habitat
conservation areas
• measures that would be taken to monitor, minimize, and mitigate the
anticipated impacts to the Species of Concern
• what alternative actions to the anticipated incidental take were considered and
the reasons why such alternatives are not being utilized
• procedures that would be used to deal with unforeseen circumstances
September 25, 1995 26
• preliminary identification of funding sources for establishing and managing the
proposed reserve system and implementing other mitigation measures.
Task Fronomic impact analysis
An economic impact analysis consistent with Exhibit E will be conducted to
assess potential impacts and benefits from implementation of the CV
MSHCP. The economic analysis will evaluate the cost of implementing the
CV MSHCP, taking into consideration both negative and positive aspects.
The analysis will also consider the effects of changes to general plan land
uses, changes in other land use activities induced by the CV MSHCP, and
possible simplification of the development renew process with respect to
biological resources, avoidance of delays which may arise in addressing
threatened and endangered species issues in the absence of a CV MSHCP,
and provision of a uniform and consistent mitigation/ compensation
program. The economic analysis will also evaluate the preliminary financing
alternatives and funding sources for implementation identified in the
administrative draft and recommend any additional financing alternatives.
Possible methodologies include the case study and per acre multiplier
methods. A Land Development Potential Factor could be assigned to each
acre of land which will adjust cost and revenue amounts. Tne LDP factor
would be an indicator of the land's development potential which, in turn,
would be an indicator of the jurisdiction's potential and probability of
realizing general fund revenues from any form of development within the
life time of the CV MSHCP.
Task 4: Preliminary environmental effects analysis
A preliminary environmental effects analysis will be prepared to identify
probable issues to be addressed in the CEQA/NEPA documents which will
be prepared later. The Initial Study pursuant to CEQA will not be prepared
until the administrative review draft has been refined into a public review
draft; however, it is felt that the a preliminary analysis will facilitate
evaluation of the administrative review draft by the PAG and participating
agencies.
Task 5: Review administrative re.npw draft
Both the SAC and the LUC will assist the planning team in evaluating the
alternative reserve configurations and other mitigation measures to assess
feasibility, habitat viability over time for the target species, and costs, and m
identifying the preferred alternative_ The FAG will review and develop
consensus on the information and analysis generated. The SERVICE and the
DEPARTiMENT will participate in the review of the administrative draft and
identify any deficiencies they perceive in the accuracy and adequacy of the
information, and any areas of disagreement they have with the conclusions
and proposals in the administrative review draft.
September S, 1995 27
Task 6: �Dproval of workTod>>c±s and authorization to proceed
Written approval of Phase 2 products and authorization to proceed to Phase
3 will be secured from the participating agencies.
Products:
• Administrative review draft of CV MSHCP.
• Economic Impact Analysis, This report will provide an economic impact
analysis of the potential effects of the recommended and alternative
reserve configurations and conservation measures on future development
and agricultural activities, and of the projected costs of implementation of
the CV MSHCP.
• Preliminary environmental effects analysis.
Phase 3: Plan Design and Preparation
Task 1: PTP=are Draft CV VISFICP
CVAG and CVIMC staff will utilize the information from the Phase 2 review
to revise and refine the Administrative. Review Draft into a Draft CV
NISHCP. The CIS Team will perform any additional analysis needed and
prepare any additional maps required.
Task I Draft imp lem n ation Awe_=ent" ermi pnlications Arid
Conservation AgTe m n
CViVIC and CVAG staff and legal counsel will prepare a draft
Implementation Agreement; 10(A)(1)(b) permit, 2081 Management
Authorization, and 2090 Biological Opinion applications; and a draft
Conservation Agreement to provide for incidental take of Species of
Concern if and when they become listed as threatened or endangered in the
future for review by the participating agencies.
Task 1 Initiate r'QA and NEP4 in=w pr_ce ses_
The Draft CV MSHCP will be considered a project for CEQA and NEPA
review purposes. An Initial Study and Environmental Assessment will be
prepared; a consultant may be retained for preparation of CEQA and NEPA
documents. The CEQA and NEPA documents shall, to the extent feasible,
assess the potential impacts of proposed future public facilities projects in
habitat conservation areas.
Task 4t, Public forum
A public forum will be held to provide information to, and receive input
from, the public regarding the Draft CV YLSHCP, the fiscal and economic
impact analysts, and the CEQPL/NEPA documentation.
September S, 1995 78
Task 5: provaLaad authorizaton.tto proceed
Written approval of Phase 3 products and authorization to proceed to Phase
4 will be secured from the participating agencies.
Products:
• Draft CV MSHCP.
• Draft Implementation Agreement; 10(.A)(1)(b) permit, 2081 Management
Authorization, and 2090 Biological Opinion applications; and draft
Conservation Agreement.
• CEQA/NEPA documents.
Phase 4: Plan Approval and Submittal
Task 1: Agency� work.shn,
CVAG and CVMC staff will conduct a workshop with staff from the
participating agencies to review the draft documents and obtain input from
the agencies.
Task 2: PoligTAdtiisory Group meeting
CVAG and CVNIC staff will meet with the PAG to review the draft
documents and obtain input from the PAG members.
Task 1, Public forum
CVAG and CVIbfC staff, and representatives of the participating agencies,
will conduct a public forum to provide information to and receive input from
the public.
Task 1: Submit Draft Tloc entso Partic p2tiIlg Agencies
The Draft CV MSHCP; the Draft Implementation Agreement; 10(A)(1)(b)
Permit, 2081 Management Authorization, and 2090 Biological Opinion
applications; and the draft Conservation Agreement will be submitted to the
cities and the County, as well as to the BLM, USFS, DIPS, the SERVICE, and
the DEPARTMENT for review. CVAG and CVNIC staff will make
presentations to city councils and the Board of Supervisors as needed, and
will meet with representatives of other agencies as needed.
Task i- R visions to draft document,
Based on input from the participating agencies, the PAG, and the public,
including comments received through the CEQA and NEPA processes,
CVAG and CVMC staff will prepare the Final CV NISHCP and Final
Implementation Agreement. CVAG and CVVIC staff will also revise the
September 25, 1995 29
10(A)(1)(b) Permit, 2081 Management Authorization, and 2090 Biological
Opinion applications, and the draft Conservation Agreement, as needed.
Task 6: Prepare Final CEOA/SPA documents
Final CEQA and NIEPA documents will be prepared; a consultant may be
retained for this task.
Task 7: Siihmit dnrurnpnts to the SFR�and the DFPART-,dFNT
Upon approval of the CV MS-HCP; Implementation Agreement; 10(A)(1)(b)
Permit, 2081 Management Authorization, and 2090 Biological Opinion
applications; and the Conservation Agreement by the participating agencies,
the documents will be submitted to the SERVICE and the DEPARTN EN f.
Task 8: Final revisions if needed.
After review by these agencies, the documents may be revised if necessary.
Any proposed revisions will need to be approved by the participating
agencies.
Prod a:
• Final CV iu1SHCP and Final Implementation Agreement; 10(A)(1)(b)
Permit, 2081 Management Authorization, and 2090 Biological Opinion
i> applications; Final Conservation Agreement.
• Final CEQA/NEPA documents.
September 25, 1995 30
EXHIBIT D
INTERIM PROJECT REVIEW GUIDELINES
The basic purpose of the interim Project Review Guidelines (IPRG) is to
ameliorate the possibility of a project precluding the successful development of
the CV ilvISHCP. By early identification of projects which have the potential to
preclude long-term preservation planning, the lead agency, the project applicant,
the U.S. Fish and Wildlife Service (SERVICE), and the California Department of
Fish and Game (DEPARTMEN-I� have the opportunity to explore alternatives or
mitigation measures which could minimize and mitigate potential project
impacts.
The IPRG also ensures early review and consideration of proposed projects by
the SERVICE and the DEPARTN ENT. With respect to projects which may have
the potential to preclude long-term, preservation planning or impact the viability
of biological resources, the SERVICE and the DEPARTMENT are committing to
meet with the appropriate lead agency and/or project proponent at the earliest
feasible point in the California Environmental Quality Act (CEQA) or National
Environmental Policy Act (NEPA) process to review such projects. Early
identification of potential impacts will assist in the preparation of environmental
documents for the project and provide the opportunity to identify potential
project alternatives and mitigation measures for consideration in compliance
with Public Resources 521080.3(a).
The IPRG is specifically not intended to create an additional laver of project
review nor to confer any additional authority on the SERVICE or the
DEPARTMENT. The final decision of whether to approve, modify, or deny a
project remains in the hands of the lead agency pursuant to existing laws.
Identification of Proposed Projects Subject to the Guidelines
It will be up to each lead agency to determine whether a project should be
reviewed pursuant to the IPRG. Should a lead agency make such a
determination, the lead agency will utilize the 'Biological Resources Information
Map" developed during the Sniping Study and "bridge" phase of the CV
tiISHCP effort, and any other scientific information at its disposal, to evaluate
whether a project as defined by CEQA § 21065, except those projects statutorily
or categorically exempt from CEQA, has the potential to preclude long term
preservation planning or impact the viability of biological resources. The
"Biological Resources Information Map' will be updated periodically as
additional information is gathered during the preparation of the CV MSHCP.
September 25, 1995 31
Overview or' the Process
The SERVICE and the DEPARTbffINT shall each identify a lead person for project
review and meeting attendance. The lead person for the County and each city
shall be the Planning Director or the Planning Director's designee_ The Planning
Director or his/her designee shall initiate consultation with the Service and the
Department by notifying the Coachella Valley Association of Governments
(CVAG) Director of Planning of the need to schedule the project for review at
the next available meeting (see Procedures below for details on the meeting
scheduling process). Alternatively, the Planning Director or the Planning
Director's designee may simply notify the project applicant of the availability of
the IPRG early review consultation process, and leave it up to the project
applicant to contact the CVAG Director of Planning to schedule project review at
the next available meeting. When the Planning Director or his/her designee
makes the determination to schedule a meeting, he/she will notify the project
applicant and other affected public: agencies and utility purveyors of the time and
place of the review meeting. Prior to the project review meeting, the Planning
Director or his/her designee, or the project applicant if s/he is responsible for
scheduling the meeting, shall provide basic information [as delineated under
"Procedures" below) to the CVAG Director of Planning who will then transmit
such information to the Service and the Department.
For purposes of CEQA, the project review meeting and any related activities (site
visits, follow-up correspondence, etc) shall constitute a consultation pursuant to
Public Resources Code § 21080.3 (a). If possible at the meeting, but otherwise in
not more than 30 days following the meeting or such shorter period of time as
shall be necessary to enable the lead agency to comply with Title 14 California
Code of Regulations §15102, the SERVICE and the DEPARTMENT shall provide
input to the lead agency as to whether either agency believes the project may
have the potential to preclude long-term preservation planning or impact the
viability of a biological resource. The SERVICE and the DEPART-ffi_NT shall also
indicate specific issues which either believes should be addressed; suggest any
studies they believe may be necessary to assess project impacts to specific
biological resources; and propose any mitigation measures or project
alternatives which they believe should be considered.
When either the SERVICE or the DEPARThIENI' identifies the potential for a
project to preclude long-term preservation planning and that the project will
have a significant impact on biological resources and identities either project
alternatives and/or mitigation measures, which are addressed in a Mitigated
Negative Declaration or a Draft Environmental Impact Report, the lead agency,
the Service, and the Department may agree to schedule an additional meeting to
discuss the Negative Declaration or the Draft Environmental Impact Report
within 30 days after the preparation and release of a Mitigated Negative
Declaration and within 45 days after the preparation and release of a Draft
Environmental Impact Report.
It is recognized that compliance with the IPRG is voluntary and neither confers
any authority not granted by existing planning and environmental laws, nor
September 25, 1995 32
A
negates any authority so granted. The IPRG is intended only to facilitate
cooperation among the lead agencies, the resource agencies, and project
applicants to ensure timely review of projects which have the potential to
preclude long term preservation planning and to facilitate the resolution of issues
which might affect the successful preparation of a CV MSHCP.
Procedures
1. In consultation with the Planning Directors or their designees, the CVAG
Director of Planning shall prepare an annual schedule of IPRG meetings, at a
minimum one meeting each month, and transmit the schedule to the
designated representative of each agency. [The SERVICE and the
DEPART-MENT shall each identify a lead person for the project review
process. For each city and the County, the lead person for the review process
shall be the Planning Director or the Planning Director's designee.]
2. At least three weeks prior to the desired IPRG meeting date, the lead agency
representative or a project applicant shall notify the CVAG Director of
Planning in writing of any project(s) which the Iead agency or the project
applicant wishes to have reviewed at the IPRG meeting. For each project, the
lead agency will transmit two copies of each of the folling ow :
• a location map on a 7.5' quad sheet identifying the project site
• a site plan or other illustration depicting the project as proposed
• the project application or other summary sheet identifying existing
general plan designation and zoning, and any proposed changes; existing
land use on the site; the type and intensity of land use proposed; and
existing general plan designation, zoning, and current land use for the
adjacent parcels to provide a context for the proposed project.
• the Initial Study or Environmental Assessment and a biological resource
survey identifying acreage of onsite habitats if one has been prepared; if
one has not been prepared, then a description of the site including
vegetation, presence of a floodplain, blueline stream, or other
environmental resource, hazard or constraint, and a list of sensitive
species which have the potential to occur on site based on the 'Biological
Resources Information Map" and any other scientific information
available.
• Any other information deemed pertinent by the lead agency.
3. At least two weeks prior to the IPRG meeting, CVAG will transmit a list of
projects to be reviewed at the meeting and the time at which each one is
scheduled to each city, the County, the SERVICE the DEPARTMENT and
project applicants as appropriate, and will transmit the background
information on each project to the SERVICE and the DEPARTMENT
representatives. In the unlikely event that more projects have been requested
for review at an IPRG meeting than can be accommodated, the CVAG
Director of Planning will schedule as many as possible on a first come first
served basis, and schedule the remaining projects for the next regular IPRG
meeting. A Planning Director or his/her designee, or a project applicant, may
request that CVAG schedule a project at the next IPRG meeting even if it
would not be included based solely on a first come first served basis, or that
September 25, 1995 33
CVAG schedule a special meeting, if there are compelling reasons to avoid
delay. Every effort shall be made to accommodate such requests.
4. The lead agency shall be responsible for notifying the project applicant and
representatives of other affected public agencies and utility purveyors of the
date, time, and location of the IPRG review meeting.
5. At the review meeting, the lead agency, project applicant, the SERVICE,
the DEPARTivlETNT, and representatives of other affected public agencies and
utility purveyors will have the opportunity to discuss the project, answer
questions, etc. At the review meeting if possible, otherwise in not more than
30 days after the review meeting, the SERVICE and the DEPAR`I NIENf
representatives shall provide the following information to the lead agency
and the project applicant:
• a list of potential impacts to biological resources which the SERVICE and
the DEPARTMENT believes could occur from the project as proposed, and
the agency's assessment as to whether those impacts have the potential to
preclude long term conservation planning or adversely impact the
viability of a species;
• a list of any additional studies on specific species which the SERVICE or
the DEPARTMENT believes may be necessary, and
• a list of any project alternatives, mitigation measures, or studies which
the agency believes should be considered in the environmental review
process.
6. A project may be scheduled for an additional IPRG meeting at an appropriate
date if there is a need for the SERVICE and the DEPARTNIEN7 to respond to
a Draft Environmental Impact Report or Mitigated Negative Declaration.
September S, 1995 34
i
EXHIBIT E
FRAMEWORK FOR ECONOMIC IMPACT ANALYSIS
Implementation of the CV NISHCP will have a number of economic
consequences, including the cost of land acquisition, operation and management
of the reserve areas, and administrative costs. Additionally, the acquisition of
land for conservation purposes results in the loss of property tax revenues which
support the provision of government services, some of which, such as law
enforcement and other emergency services, may still be necessary in the reserve
areas. If acquired lands are in assessment districts, the financing of various public
facilities could also be affected by reduced revenues. Implementation of the CV
NISHCP will also have a positive economic benefit in simplifying the
development review process with respect to biological resources, avoiding
delays which may arise in addressing threatened and endangered species issues
in the absence of a CV MSHCP, and providing a uniform and consistent
mitigation/ compensation program.
To control potential adverse economic impacts on affected entities, an economic
impact analysis of the CV MSHCP will be conducted. Based on the analysis,
measures will be developed for inclusion in the CV NISHCP and the
Implementing Agreement to avoid, minimize, and/or mitigate adverse
economic impacts. The economic impact analysis will include a Fiscal Impact
Guide to provide information to each affected jurisdiction and its constituents,
and to the state and federal agencies regarding.
1. The effects of habitat conservation on land use resulting from
implementation of the CV MSHCP and specifically on the fiscal ability of each
jurisdiction to provide required services and facilities to the public This
information is to be considered with other documentation, both social and
environmental, regarding the effects, on an annual basis, of the CV MSHCP
upon the jurisdiction's net cost for services.
?. Changes in land uses specified .in local adopted General Plans caused by the
CV MSHCP; lost tax and other revenues - including road and bridge and
other assessment districts, the Transportation Uniform Mitigation Fee, and
other such fees - on lands proposed for public acquisition or use as habitat
conservation; and direct costs of CV MSHCP administration borne by
participating local governments and CVAG.
3. Costs related to the mechanisms proposed to fina.-ice the CV NISHCP, (e.g.,
if, due to an increase in development costs attributable to the CV NISHCP,
less development would occur, property and sales tax revenues would be
impacted; also, fewer costs associated with the provision of public services
and facilities might be incurred by the local jurisdictions.)
1. Identification of implementation costs of the CV MSHCP and
recommendations for the most equitable method(s) for financing same.
September 25, 1995 3�
5. Identification of potential impacts on the ability of local jurisdictions to
provide affordable housing in accordance with state and federal mandated
requirements for affordable housing as a result of the CV MSH(.
o. Mechanisms for ongoing monitoring of economic impacts of CV MSHCP
implementation, and for resolving issues identified through the monitoring.
T Identification and quantification of the economic effects on land values and
development costs, including agriculture.
S. Identification of continued administrative costs of managing lands and other
assets of the MSHCP and evaluation of the feasibility of assuring continued
funding to cover these costs. Suggest funding sources.
9. Benefits which may accrue from the CV IvfSHCP, including potentially
simplifying the development review process with respect to biological
resources, avoiding.delays which may arise in addressing threatened and
endangered species issues in the absence of a CV MSHCP, and providing a
uniform and consistent mitigation/compensation program.
In addition to the initial economic and fiscal impact analysis prepared in
conjunction with the CV MSHCP, an annual Fiscal Impact Report would be
prepared which would include: a determination of each jurisdiction's service and
facility requirements, a projection of the direct costs and revenues to support
such services and facilities, the impact of the CV MSHCP on the jurisdiction's
ability or inability to provide these services and facilities to the public as a result
of the, preserve maintenance costs and/or loss of revenue potential as a result of
the CV MSHCP, and any direct or indirect fiscal benefits resulting from the
CV NISHCP. The annual Fiscal Impact Report would be used to:
• Evaluate the adequacy and appropriateness of the CV MSHCP
implementation measures utilized in the preceding year, and recommend any
changes in implementation measures.
• Identify the level of funding needed by each jurisdiction or participating state
or federal agency to maintain the current level of service to and provide
management of the conserved lands.
• Identify any additional funding needed to provide adequate services to the
public in each local jurisdiction which may be impacted by implementation of
the CV MSHCP.
• Determine the level of financial assistance needed by local jurisdictions to
implement the Plan in the event of changed conditions resulting from
catastrophic events, adverse long term economic impacts, new legislation, or
other significant events.
September 25, 1995 30