HomeMy WebLinkAboutC18284 Amendment CVAG - MOU CV Fringe-Toed LizardCITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: AUTHORIZATION TO APPROVE AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING REGARDING
MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE -TOED LIZARD.
SUBMITTED BY: CARLOS L. ORTEGA, CITY MANAGER
DATE: MARCH 24, 2005
CONTENT: FRINGE —TOED LIZARD MEMORANDUM OF
UNDERSTANDING AMENDMENT
Recommendation
By Minute Motion:
Authorize the Mayor to execute an amendment to the MOU regarding
measures to minimize and mitigate take of the Coachella Valley Fringe -Toed
Lizard.
Executive Summary
On December 11, 2003, the Palm Desert City Council unanimously approved an
amendment to the MOU regarding measures to minimize and mitigate take of the
Coachella Valley Fringe -Toed Lizard. This amendment extended the ending date
of the existing MOU from December 31, 2003, to March 15, 2005. As this
amendment has expired, the Council is requested to approve a new amendment
to the MOU extending its ending date from March 15, 2005, to February 1, 2006.
The Coachella Valley Association of Governments (CVAG) indicated that Council
action is required by April 30, 2005, for the city to be included as part of this
extension.
Discussion
In 2001, in response to possible action by the Unites States Fish and Wildlife
Service (FWS) to suspend or revoke the permit associated with the Coachella
Valley Fringe -Toed Lizard Habitat Conservation Plan (CVFTLHCP), CVAG and its
member agencies entered into an MOU committing FWS to not take action
suspending or revoking the CVFTL take permit, while the Coachella Valley
Multiple Species Habitat Conservation Plan (CVMSHCP) is being developed.
Agenda Report- Fringe Toed Lizard MOU Amendment
March 24, 2005
Page2of2
The original MOU had an expiration date of September 1, 2002, and was later
extended to December 31, 2003, and then to March 15, 2005, respectively. As the
current amendment has expired, extending the MOU until February 1, 2006, will
continue the assurance that no action will be taken, providing regulatory certainty
to developers and local governments, while the CVMSHCP is finalized. CVAG
staff anticipates that the CVMSHCP will be permitted within a year. The city must
approve this MOU amendment by April 30, 2005.
Approval: Reviewed By:
Carlos L. Ortega Phil Drell
City Manager Director of Community Development
W:\Agenda Items\2005-Mar 24\Fringe-Toed Lizard MOU Amendment.doc
February 1, 2005
AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Among
THE CITIES OF CATHEDRAL CITY, COACHELLA,
DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA,
PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE;
THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF
FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND
CENTER FOR NATURAL LANDS MANAGEMENT
Regarding
MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE -TOED LIZARD
1. AMENDMENT OF PRIOR MOU:
As to the rights and obligations of the signatories hereto, the Memorandum of Understanding
Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard
(MOU) previously executed by the Parties on or about May 30, 2001 is hereby amended.
II. EXTENSION OF TERM OF MOU:
The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on,
February 1, 2006 or upon issuance by FWS and CDFG of take authorizations for the MSHCP,
whichever occurs first. The extension of the term of the MOU shall be applicable only as to those
jurisdictions that execute this amendment on or before April 30, 2005.
Page 1
III. MISCELLANEOUS:
A. All other terms and conditions of the MOU shall remain in full force and effect.
B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to
the MOU.
C. The terms used herein shall have the same meaning as defined in the MOU.
DATED: CITY OF CATHEDRAL CITY
ATTEST:
By
DATED: CITY OF COACHELLA
ATTEST:
By
DATED: CITY OF DESERT HOT SPRINGS
ATTEST:
DATED:
ATTEST:
By
CITY OF INDIAN WELLS
By
Page 2
DATED: CITY OF INDIO
ATTEST:
By
DATED: CITY OF LA QUINTA
ATTEST:
DATED:
ATTEST:
DATED:
ATTEST:
DATED:
ATTEST:
DATED:
ATTEST:
By
CITY OF PALM DESERT
By
CITY OF PALM SPRINGS
By
CITY OF RANCHO MIRAGE
By
COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
By
Page 3
DATED:
ATTEST:
DATED: _
ATTEST:
COUNTY OF RIVERSIDE
By
CALIFORNIA DEPARTMENT OF FISH AND
GAME
By
DATED: U. S. FISH AND WILDLitih SERVICE
ATTEST:
By
DATED: CENTER FOR NATURAL LANDS
MANAGEMENT
ATTEST:
By
Page 4
CVAG
COACHELLA VALLEY ASSOCIATION of GO.
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County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians
March 9, 2005
Mr. Carlos Ortega
City Manager
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA. 92260
RECEIVED
MAR 1 4 2005
CITY OF PALM DESERT
C!TY MANAGER
Dear Mr. Ortega:
The enclosed Amendment to the Memorandum of Understanding (MOU) Regarding Measures to Minimize and
Mitigate Take of the CoachellaAalley Fringe -to rdt czar , datedlettuifyr,20-05- 'ieiluires your immediate
attention. This MOU extends the ending date of the existing MOU from March 15, 2005 to February 1, 2006.
Your jurisdiction must approve this MOU by April 30, 2005.
Extension of the MOU until February 1 2006 will continue the assurance that no action will be taken, providing
regulatory certainty to developers and local governments while the CVMSHCP is being completed.
I have enclosed one original document and 14 signature pages. Please have the Mayor sign all pages and return
them to me so that I may obtain the remaining signatures. When complete I will send you a completed original for
your records. If you have any questions or need further jirtfdr714tiort,regarding this agreement please call me at
(760) 346-1127.
Sincerely,
COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS
MARY M. GODFREY
Administrative Services Assistant
cc: Jim Sullivan, Dir. of Environme141 _49s9uIpes
73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX [760) 340-5949