HomeMy WebLinkAboutAmendment to the MOU - 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 23, 2006
CONTENT: 1. CVAG Correspondence
2. Fringe -Toed Lizard Memorandum of Understanding Amendment
Recommendation
By Minute Motion:
Authorize the Mayor to execute an amendment to the Memorandum of Understanding
regarding measures to minimize and mitigate take of the Coachella Valley Fringe -Toed
Lizard.
Discussion
In 2001, in response to possible action by the United States Fish and Wildlife Service
(FWS) to suspend or revoke the permit associated with the Coachella Valley Fringe -Toed
Lizard Habitat Conservation Plan (CVFTLHCP), the Coachella Valley Association of
Governments (CVAG) and its member agencies entered into a Memorandum of
Understanding (MOU).
This MOU committed FWS to not take action suspending or revoking the CVFTL take
permit, while the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
was under development. The original MOU had an expiration date of September 1, 2002,
and was later extended to December 31, 2003, then to March 15, 2005, and finally February
1, 2006, respectively.
On February 27, 2006, CVAG's Executive Board approved another extension of the MOU
for the Fringe -Toed Lizard Plan, to June 30, 2006. This extension assures that no action
will be taken against the existing CVFTLHCP permit, subsequently providing regulatory
certainty to developers and local governments while the Multi -Species Plan is finalized.
CVAG respectfully requests that the City consider this MOU as soon as possible.
Approval: Reviewed By:
Carlos L. Ort it Drell
City Manager Director of Community Development
CVAG
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage
County of Riverside Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians
March 3, 2006
Mr. Carlos Ortega
City Manager
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA. 92260
Dear Mr. Ortega:
The enclosed extension ofthe Memorandum of Understanding (MOU) for the Coachella Valley Fringe -
Toed Lizard Habitat Conservation Plan requires your immediate attention. This was approved by the
Executive Committee on February 27, 2006. Please place this on your Council/Board agenda for
consideration as soon as possible.
Extension of the MOU until June 30, 2006 will continue the assurance that no action will be taken against
the existing CVFTL HCP pen -nit, providing regulatory certaintyto developers and local government while
the CVMSHCP is completed.
BACKGROUND: This MOU was originally passed by the Executive Committee on March 27, 2001 and
has been extended twice. It's purpose is to assure that the United States Fish and Wildlife Service (FWS)
will not act to suspend or revoke the existing permit allowing development in the habitat of the Coachella
Valley fringe -toed lizard while the jurisdictions ofthe Coachella Valley are working in good faith to develop
the Coachella Valley Multiple Species Habitat Conservation Plan. The California Department ofFish and
Game (DFG) was not aparty to the original CVFTL HCP and under this MOU made a determination
pursuant to Section 2080.1 ofthe Fish and Game Code that the original CVFTL HCP with the additional
mitigation measures of the MOU was consistent with the California Endangered Species Act.
The main points of the original MOU are:
1) Removal oftwo areas within the jurisdiction ofthe County ofRiverside from coverage under
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the take permit of the CVFTL HCP. The County agreed to refer all applicants for
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construction permits (grading and building permits for new primary structures) to the Resource
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Agencies in order to obtain take authorization. Written authorization to take the Coachella
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Valley fringe -toed lizard is required from the applicant prior to issuance ofthe construction
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permit.
2) Increasing the mitigation fee to $600 per disturbed acre to acquire land within the areas
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73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
removed from coverage under the take permit of the CVFTL HCP.
3) The Cities, County, CVAG, FWS and DFG shall diligently work to complete the
CVMSHCP.
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 an
executed original for your records. If you have any questions or need further information regarding this
agreement please call (760) 346-1127.
Sincerely,
COACHELLA VALLEY
ASSOCIATION OFGOVERNMENTS
l�
MARY M. GODFREY
Administrative Services Assistant
cc: Jim Sullivan, Dir. of Environmental Resources
February 9, 2006
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,
June 30, 2006 or upon issuance by FWS and CDFG of take authorizations for the MSHCP,
whichever occurs first.
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.
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