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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: MAJOR AMENDMENT TO INCLUDE THE CITY OF DESERT HOT
SPRINGS AND MISSION SPRINGS WATER DISTRICT AS PERMIT
AGENCIES UNDER THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (CVMSHCP)
SUBMITTED BY: Tony Bagato, Principal Planner
DATE: June 26, 2014
CONTENTS: Resolution 2014- 66 , Responsible Agency Findings on the CVMSHCP
Resolution 2014- 67 , CVMSHCP Implementation Policy Resolution
Joint Powers Agreement, Coachella Valley Conservation Commission
Map of Major Amendment area
Recommendation
By Minute Motion, waive further reading and adopt:
1. Resolution No. 2014-66 , making responsible agency findings pursuant
to the California Environmental Quality Act (CEQA) for the Coachella Valley
Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan (CVMSHCP or "Plan"), which also includes the City
Council's approval of the CVMSHCP as revised by the Major Amendment
and authorizes the Mayor to execute the revised Implementing Agreement
(IA), and directs that a Notice of Determination be filed.
2. Resolution No. 2014- 67 , establishing the CVMSHCP Implementation
Policy which contains the procedures and requirements for implementation
of the CVMSHCP.
3. Approve an amendment to the Coachella Valley Conservation Commission
Joint Powers Agreement to add the City of Desert Hot Springs and Mission
Springs Water District(MSWD) as members.
Executive Summary
The Major Amendment is necessary to incorporate the City of Desert Hot Springs and the
MSWD into CVMSHCP as Permit Agencies, define their obligations, commitments, and
Covered Activities consistent with the original Plan, and authorize Take associated with
their Covered Activities. As Permit Agencies, Desert Hot Springs and MSWD will benefit
Staff Report
CVMSHCP Major Amendment Resolution Nos. 2014-66 and 2014-67
Page 2 of 5
June 26, 2014
from the CVMSHCP as they become part of this effort to enhance and maintain biological
diversity and ecosystem processes while allowing future economic growth within the
Coachella Valley. As a benefit to all local Permit Agencies, including Palm Desert, the
CVMSHCP mitigation fee will be reduced by 8 percent when the permit is amended.
Backqround
The CVMSHCP was developed to provide a regional vision for balanced growth to meet the
requirements of federal and state endangered species law, while promoting opportunities
for recreation, tourism, job and development growth in the Coachella Valley. The Plan aims
to conserve over 240,000 acres of open space, and to protect 27 plant and animal species.
By providing a comprehensive plan that complies with federal and state endangered
species laws, the Plan protects the Coachella Valley's natural heritage for future
generations, while allowing for more timely construction of roads and other infrastructure
that are essential to improving the Coachella Valley.
Under the Plan, the City of Palm Desert is a Permit Agency that collects a Local
Development Mitigation Fee (LDMF) on new construction. The LDMF is the primary source
of funding for the habitat acquisition. The LDMF is a type of development impact fee under
California Government Code Section 66000 et seq. When the Plan was implemented, the
City of Desert Hot Springs and MSWD were not part of the Permit Agency in the Plan.
Discussion
The proposed Project is a Major Amendment to the approved CVMSHCP to include the City
of Desert Hot Springs and MSWD as Permit Agencies of the Plan. The proposed action by
the state and federal wildlife agencies is the issuance of Take Authorization associated with
the Major Amendment for Covered Activities that are not currently included under the
existing federal Section 10(a) Permit and state Natural Community Conservation Plan
(NCCP) Permit (Permits).
The Major Amendment will provide for covered projects requested by Desert Hot Springs
and MSWD. This Major Amendment will restore the boundaries from the 2006 Final
CVMSHCP for the Upper Mission Creek/Big Morongo Canyon Conservation Area that
would be amended to include all of the private lands within the city limits of Desert Hot
Springs. The private lands to be included total approximately 770 acres that were removed
from this Conservation Area when Desert Hot Springs chose not to participate in 2006. A
map showing the area of the Major Amendment is attached for your information.
The Notice of Availability for public review and comment on the Supplemental
Environmental Impact Report/Environmental Impact Statement (SEIR/SEIS), which
describes the environmental impacts associated with the inclusion of Desert Hot Springs
and MSWD as Permittees to the CVMSHCP, was released on September 6, 2013. This
public notice was circulated to the Permittees, local media, public agencies and stakeholder
groups. Also on September 6, a notice appeared in the Federal Register describing the
availability of the Supplemental EIR/EIS. Also in September 2013, Coachella Valley
11srv-f12k3\groups\Planning\Tony Bagato\CVMSHCP Major Amendment\CCSR_CVMSHCP Major Amendment.docx
Staff Report
CVMSHCP Major Amendment Resolution Nos. 2014-66 and 2014-67
Page 3 of 5
June 26, 2014
Conservation Commission (CVCC) sent a letter to each property owner of record ("Property
Owner Letter") within the Conservation Areas of the Major Amendment area letting them
know that the Major Amendment to the CVMSHCP, Implementing Agreement ("IA"), and
Supplemental EIR/EIS were available for review. The release of these documents
commenced a 45-day public review period from September 6, 2013 through October 21,
2013. A totat of seven individual comment letters were received.
The Final Supplemental EIR includes responses to all written comments received from
agencies, private organizations, and the public during the public comment period was
released on March 1, 2014. CVCC staff worked closely with Desert Hot Springs staff and
Mission Springs Water District staff to prepare and review the responses to comments. In
addition, changes to the Final CVMSHCP, Final Implementing Agreement, and Final
Supplemental EIR/Supplemental EIS have been made as appropriate in response to the
comments received. This fulfills the intent of CEQA and NEPA to provide decision makers
and the public a full analysis of the potential impacts of the Major Amendment to the
CVMSHCP and to provide the public with an opportunity to provide additional information to
decision-makers regarding the potential effects of the Major Amendment.
At their March 13, 2014 meeting, the CVCC certified the Final Supplemental SEIR and
approved the Major Amendment to the CVMSHCP to include the City of Desert Hot Springs
and MSWD. A public notice was published in the Desert Sun on March 1, 2014 to inform the
public about the March 13 CVCC meeting. Notices were sent to all property owners of
record in the Conservation Area within the Major Amendment area, notifying them of the
March 13, 2014 public hearing. The City of Desert Hot Springs and Mission Springs Water
District both approved the Major Amendment unanimously on April 15, 2014 and April 21,
2014, respectively.
The Final Major Amendment documents are available for your review on the CVMSHCP
website at www.cvmshcp.org. These documents include the Final Supplemental EIR/EIS,
the Response to Comments, the comment letters received, and the proposed changes to
the CVMSHCP made as part of the Major Amendment.
In addition to approving the Major Amendment, an amendment to the CVCC Joint Powers
Agreement (JPA) will be necessary to add Mission Springs Water District to the Coachella
Valley Conservation Commission and include the entire City of Desert Hot Springs (a
portion of the City of Desert Hot Springs was previously included in the CVMSHCP as part
of the I-10 annexation in 2010). The staff recommendation includes approval of an
amendment to the JPA agreement to make the changes necessary to fully include Desert
Hot Springs and Mission Springs Water District.
Major Amendment Schedule
To complete the Major Amendment process, the Major Amendment will have to be
approved by all current Permit Agencies, CVCC member agencies and state agencies
including Caltrans, State Parks, and the Coachella Valley Mountains Conservancy. When
the Major Amendment is completed and the permit amended, the fee amount will be
\\srv-fil2k3\groups\Planning\Tony Bagato\CVMSHCP Major Amendment\CCSR_CVMSHCP Major Amendment.docx
Staff Report
CVMSHCP Major Amendment Resolution Nos. 2014-66 and 2014-67
Page 4 of 5
June 26, 2014
reduced 8 percent for all cities and the County as a result of the fee being spread across a
larger number of permits.
The U.S. Fish and Wildlife Service will also need to issue a decision on the Major
Amendment and revised permits adding Desert Hot Springs and MSWD will be issued by
both state and federal Wildlife Agencies. Final completion of the Major Amendment is
expected in summer 2014.
Approved by CVCC March 13, 2014
Approved by City of Desert Hot Springs City Council April 15, 2014
Approved by Mission Springs Water District Board April 21, 2014
Consideration by Cities, County and other Permittees May/June 2014
Issuance of revised state and federal permits Summer 2014
Summary and Benefits of the CVMSHCP Major Amendment
This Major Amendment is necessary to incorporate the City of Desert Hot Springs and
MSWD into the Plan as Permittees, define their obligations, commitments, and Covered
Activities consistent with the original Plan, and authorize Take associated with their
Covered Activities. As Permit Agencies, Desert Hot Springs and MSWD will benefit from the
CVMSHCP as they become part of this effort to enhance and maintain biological diversity
and ecosystem processes while allowing future economic growth within the Coachella
Valley. The CVMSHCP allows preservation of a quality of life characterized by well-
managed and well-planned growth integrated with an associated open-space system. The
City of Desert Hot Springs will be responsible for exercising its land use authority to ensure
the goals and objectives of the Plan are met. MSWD will also be responsible to ensure the
Conservation Goals and Objectives of the Plan are met. As a benefit to all local Permit
Agencies, the CVMSHCP mitigation fee will go down by 8 percent when the permit is
amended.
The CVMSHCP will ultimately conserve over 240,000 acres of open space and protect 27
plant and animal species. Some of the benefits of the CVMSHCP are outlined below:
• Assures critical freeway, freeway interchange, water infrastructure, and regional road
projects can be built without delays resulting from endangered species conflicts.
• Offers certainty for the business community ultimately making the Coachella Valley a
more attractive place for businesses to relocate or expand.
• Preserves the Coachella Valley's native desert wildlife and creates a magnificent
system of open space parks, trails and reserves.
• Safeguards significant habitat linkages and wildlife corridors that enable animals to
move safely from one habitat area to another.
\\srv-fil2k3\groups\Planning\Tony Bagato\CVMSHCP Major Amendment\CCSR_CVMSHCP Major Amendment.docx
Staff Report
CVMSHCP Major Amendment Resolution Nos. 2014-66 and 2014-67
Page 5 of 5
June 26, 2014
• By providing comprehensive compliance with federal and state endangered species
laws, the Plan not only safeguards the desert's natural heritage for future
generations, it benefits quality of life in the Coachella Valley.
CVCC staff will be available at the meeting to address any questions.
Fiscal Impact
The CVMSHCP fee is a local development mitigation fee that is collected by the City of
Palm Desert as a Permit Agency under the Plan. When the fees are paid, the CVAG
collects the fee from the City. The fee does not impact the City's General Fund; therefore,
there is no fiscal impact to the City of Palm Desert. When the Major Amendment is
complete, the fee will decrease by 8 percent, lowering the cost of new construction.
Submitted By: CITYCOUNCII.ASiTION
APPROVED '� DENtED
RECEIVED OTHER
Tony Bagato, rincipal Planner �
MEET DATE
AYES: . ' Q'/I/
Department Head: NOES: � �-
ABSENT:
ABSTAIN:
� VERIFIED BY:
Lauri Aylaian, Director of Community Develop �n o ile with City rk's Office
Approval:
Paul S. Gibson, Finance Director
"
John . Wohlmuth, ity Manager
il
\\srv-f12k3\groups\Planning\Tony Bagato\CVMSHCP Major Amendment\CCSR_CVMSHCP Major Amendment.docx
RESOLUTION NO. 2014 - 66
A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT MAKING
RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN / NATURAL COMMUNITY
CONSERVATION PLAN, AS REVISED BY THE MAJOR AMENDMENT;
APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN AND THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN / NATURAL
COMMUNITY CONSERVATION PLAN, AS REVISED BY THE MAJOR
AMENDMENT; APPROVING THE IMPLEMENTING AGREEMENT; AND
ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Coachella Valley Multiple Species Habitat Conservation
Plan/Natural Community Conservation Plan ("CVMSHCP") is a regional,
comprehensive, multi-jurisdictional Habitat Conservation Plan focusing on Conservation
of Federal and State-Listed Species, other rare and sensitive species, and their
Habitats, while maintaining opportunities for recreation and a strong and sustainable
environment for economic Development in the region; and
WHEREAS, the Coachella Valley Conservation Commission ("CVCC") is the
lead agency pursuant to the California Environmental Quality Act ("CEQA") (Public Res.
Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.); and
WHEREAS, a joint Final Recirculated Environmental Impact Report/Statement
("EIR/EIS") was previously prepared in February 2006 pursuant to CEQA and NEPA
("2006 Final MSHCP"), which provides a comprehensive assessment of the potential
environmental impacts that could result from the adopted CVMSHCP, and provides the
appropriate decision-makers with the required information upon which to base a
decision to adopt the amendment to the CVMSHCP; and
WHEREAS, thereafter the Plan was revised to remove the City of Desert Hot
Springs (the "City") as a Permittee and to reflect other project description modifications
and, as a result, the Coachella Valley Association of Governments ("CVAG") prepared a
Recirculated Draft EIR/Supplemental Final EIS which it certified in September 2007,
(the "September 2007 Recirculated EIR/EIS"); and
WHEREAS, the CVCC now wishes to add the City and Mission Springs Water
District as Permittees and so CVCC prepared a Major Amendment to the CVMSHCP
(the "Major Amendment"); and
RESOLUTION NO. 2014 - 66
WHEREAS, the Project proposed for approval is the inclusion into the
CVMSHCP, as revised by the Major Amendment, of the City of Desert Hot Springs and
Mission Springs Water District, as Permittees (the "Project"); and
WHEREAS, the Major Amendment includes the issuance of Take Authorization
associated with Covered Activities that are not currently included under the existing
federal Section 10(a) Permit and state NCCP Permit ("Permits"). This Major
Amendment will restore the boundaries from the 2006 Final CVMSHCP for the Upper
Mission Creek/Big Morongo Canyon Conservation Area and would include all of the
private lands within the city limits of Desert Hot Springs. The private lands to be
included total approximately 770 acres that were removed from this Conservation Area
when Desert Hot Springs chose not to participate in 2006. The city limits of Desert Hot
Springs also include finro parcels in the Whitewater Canyon Conservation Area that are
both owned by BLM and are currently managed consistent with the Plan, therefore no
additional disturbance associated with the Major Amendment will occur in this area; and
WHEREAS, a Supplemental Environmental Impact Report/Environmental Impact
Statement ("EIR/EIS") has been prepared pursuant to State CEQA Guidelines Section
15162 and CEQ NEPA Regulations, 40 C.F.R. 1502.9(c) in order to analyze all potential
adverse environmental impacts of the Project; and
WHEREAS, CVCC, at a public meeting on March 13, 2014 reviewed the Final
Supplemental EIR/EIS, Major Amendment to the CVMSHCP and CVMSHCP/Natural
Communities Conservation Plan ("CVMSHCP"), Implementing Agreement, and other
related documents in the record before it and by Resolution No. 14-004, certified the
Final Supplemental EIR/EIS, and approved the Major Amendment to the CVMSHCP,
and Implementing Agreement; and
WHEREAS, pursuant to State CEQA Guidelines sections 15091, 15096 sub. (h),
15381, and other provisions of CEQA, the City is a responsible agency for the Project
and must therefore make certain findings prior to the approval of the Project; and
WHEREAS, the City Council of the City, at its regularly scheduled public meeting
on this day of , 2014, independently reviewed and
considered the Final Supplemental EIR/EIS and other related documents in the record
before it; and
WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have
been met, and the Final Supplemental EIR/EIS, prepared in connection with the Major
Amendment, as well as the September 2007 Recirculated EIR/EIS, are sufficiently
detailed so that all the potentially significant effects of the Project on the environment
and measures necessary to avoid or substantially lessen such effects have been
evaluated in accordance with the above-referenced Act and Guidelines; and
WHEREAS, as contained herein, the City has endeavored in good faith to set
forth the basis for its decision on the Project; and
2
RESOLUTION NO. 2014 - 66
WHEREAS, all of the findings and conclusions made by the City Council
pursuant to this Resolution are based upon the oral and written evidence presented to it
as a whole and not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented
with, reviewed and considered all of the information and data presented to it, including
the Draft Supplemental EIR/EIS, Final Supplemental EIR/EIS, the September 2007
Recirculated EIR/EIS, and other documentation relating to the Project, and all oral and
written evidence presented to it;
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the documents and other materials that constitute the record of
proceedings/administrative record for the City's approval of the Project are located at
City Hall; and the custodian of these records is John Wohlmuth, City Manager of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT AS FOLLOWS:
A. The Final Supplemental EIR/EIS prepared for the Major Amendment to
the CVMSHCP is hereby received by the City Council in the form attached
hereto as Exhibit A, and incorporated herein by this reference. The
September 2007 Recirculated EIR/EIS is hereby received by the City
Council in the form attached hereto as Exhibit B, and incorporated herein
by this reference
B. The City Council hereby finds and determines that the September 2007
Recirculated EIR/EIS, as revised by the Final Supplemental EIR/EIS, has
been completed in compliance with CEQA and the State CEQA
Guidelines and, as the decision-making body for the City of Palm Desert,
the City Council has reviewed and considered the information contained in
the September 2007 Recirculated EIR/EIS, as revised by the Final
Supplemental EIR/EIS, and related documents before it and all of the
environmental effects of the CVMSHCP, as revised by the Major
Amendment, and finds that the September 2007 Recirculated EIR/EIS, as
revised by the Final Supplemental EIR/EIS, reflects the independent
judgment and analysis of the City.
C. The City Council concurs with the environmental findings in CVAG
Resolution Nos. 07-009 and CVCC Resolution 14-004 and adopts these
findings, attached hereto as Exhibit C and Exhibit D, respectively, and
incorporated herein by this reference.
D. The City Council hereby approves the CVMSHCP (as amended by the
3
RESOLUTION NO. 2014 -_��
Major Amendment) and authorizes the Mayor to execute the Implementing
Agreement.
E. The City Council hereby authorizes and directs that a Notice of
Determination shall be filed with the Clerk of the County of Riverside
within five (5) working days of approval of the Project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of 2014, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
4
RESOLUTION NO. 2014 - 66
I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify
that the foregoing Resolution No. 2014 - was duly and regularly adopted by the
City Council at a regular meeting thereof, held on the day of ,
2014, and that the foregoing is a full, true and correct copy of said Resolution.
RACHELLE KLASSEN, CITY CLERK
5
RESOLUTION NO. 2014 - 6�
A RESOLUTION OF THE CITY COUNCIL OF THE PALM DESERT TO
ESTABLISH PROCEDURES AND REQUIREMENTS FOR
IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN AND THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN, AS REVISED BY THE
MAJOR AMENDMENT
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION I. TITLE
This Resolution shall be known as the "Coachella Valley Multiple Species Habitat
Conservation Plan Implementation Policy."
SECTION II. FINDINGS AND PURPOSE
A. The City Council finds that the ecosystems of the City of Palm Desert
("City"), the Coachella Valley and surrounding mountains located in
central Riverside County and the vegetation communities and sensitive
species they support are fragile, irreplaceable resources that are vital to
the general welfare of all residents; these vegetation communities and
natural areas contain habitat value which contributes to the region's
environmental resources; and special protections for these vegetation
communities and natural areas must be established to prevent future
endangerment of the plant and animal species that are dependent upon
them. This Resolution will protect the City's and the region's biological
resources, vegetation communities, and natural areas, and prevent their
degradation and loss by guiding development outside of biological
resource core areas, and by establishing mitigation standards which will
be applied to development projects. Adoption and implementation of this
Resolution will enable the City to achieve the conservation goals set forth
in the Coachella Valley Multiple Species Habitat Conservation Plan
("CVMSHCP"), to implement the associated Implementing Agreement
executed by the City Council on day of , 2014,
and to preserve the ability of affected property owners to make reasonable
use of their land consistent with the requirements of the National
Environmental Policy Act ("NEPA"), the California Environmental Quality
Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the
California Endangered Species Act ("CESA"), the California Natural
Community Conservation Planning Act ("NCCP Act"), and other applicable
laws.
Resolution No. 2014-67
B. The purpose and intent of this Resolution is to maintain and restore
biological diversity and the natural ecosystem processes which support
this diversity, to protect vegetation communities and natural areas within
the City, the Coachella Valley and the surrounding mountains located in
central Riverside County which support species covered under the
CVMSHCP; to maintain a future of economic development within the City
by providing a streamlined regulatory process from which development
can proceed in an orderly process; and to protect the existing character of
the City and the region through the implementation of a system of
reserves which will provide for permanent open space, community edges,
and habitat conservation for species covered by the CVMSHCP. The
further purpose of this Resolution is to reaffirm the previous Implementing
Resolution adopted by the Plan Permittees and to bring it forward to
reflect the Major Amendment to the Plan approved by Coachella Valley
Conservation Commission in March 2014.
SECTION III. APPLICATION OF REGULATIONS
Except as provided in Section IV, this Resolution shall apply to all land within the
City shown on the CVMSHCP Plan Area Map (which has been revised from the original
CVMSHCP Plan Area Map to reflect the Major Amendment), attached as Exhibit "1"
hereto. Upon application to the City for a development project, an applicant shall be
required to comply with the procedures set forth in this Resolution. Upon the City's
initiation of a project that is subject to CEQA, the City shall be required to comply with
the procedures set forth in this Resolution. No project requiring a discretionary, or
certain ministerial permits or approvals that could have adverse impacts to species
covered under the CVMSHCP shall be approved by the City, and no City-initiated public
project shall be undertaken, unless the project is consistent with the CVMSHCP and this
Resolution.
SECTION IV. EXEMPTIONS
This Resolution shall not apply to the following:
A. The adoption or amendment of the City's General Plan.
B. The adoption or amendment of any land use or zoning ordinance.
C. Any project for which and to the extent that a vesting tentative map
pursuant to the Subdivision Map Act, or a development agreement
pursuant to Government Code sections 65864 et seq., approved or
executed prior to adoption of this Resolution, confers vested rights under
the City's ordinances or state law to proceed with the project
notwithstanding the enactment of this Resolution. Projects subject to this
exemption must comply with all provisions of any applicable state and
federal law.
2
Resolution No. 2014-67
D. Any project for which the City Council determines that application of this
Resolution would result in the property owner being deprived of all
reasonable economic use of the property in violation of federal or state
constitutional prohibitions against the taking of property without just
compensation.
SECTION V. PROCEDURES
A. The City shall ensure compliance with Conservation Area requirements
and measures as set forth in Section 4 of the CVMSHCP.
B. The City sha�l impose, as a condition to the City's approval of a
discretionary project and certain ministerial projects, such conditions as
are necessary to ensure surveys are prepared for the project as required
by Sections 4.3 and 4.4 of the CVMSHCP.
C. The City shall impose as a condition to the City's approval of a project
such conditions as necessary to ensure the project complies with and
implements the applicable Land Use Adjacency Guidelines set forth in
Section 4.5 of the CVMSHCP.
D. The City shall ensure that public and private projects comply with the
Avoidance, Minimization and Mitigation Measures set forth in Section 4.4
of the CVMSHCP.
E. The City shall transmit any collected Local Development Mitigation Fees,
other appropriate fees and associated interest as described in Section
5.2.1.1 of the CVMSHCP to the CVCC at least quarterly.
F. The City shall contribute appropriate mitigation for City public projects as
set forth in the CVMSHCP.
G. The City shall participate as a member agency in the CVCC as set forth in
Section 6.1.1 of the CVMSHCP.
H. The City shall participate as a member of the RMOC as set forth in
Section 6.1.3 of the CVMSHCP, as appropriate.
I. The City shall participate in the Joint Review Process as set forth in
Section 6.6.1.1 of the CVMSHCP for projects in the Conservation Areas.
J. The City shall manage CVMSHCP Reserve System lands and
conservation easements owned or leased by the City pursuant to Sections
8 and 9 of the CVMSHCP.
3
Resolution No. 2014-67
K. The City shall maintain a record of total acres developed and their location
within City jurisdiction and transmit such information monthly to the CVCC.
L. The City shall transmit any changes in City boundaries or general plan
land use designations to the CVCC at the end of each calendar year.
M. Pursuant to the CVMSHCP, the City may transfer any property interest
acquired or obtained in fee title or as a conservation easement to the
CVCC for management. The City may also grant a conservation easement
to the California Department of Fish and Game for any property interest
obtained pursuant to Section V of this Resolution.
N. Carry out all other applicable requirements of the CVMSHCP.
SECTION VI. DEFINITIONS
For purposes of this Resolution, the following terms shall have the meaning set
forth herein:
A. "Area Plan" means a community planning area defined in the County of
Riverside General Plan. Four County of Riverside Area Plans are located
within the CVMSHCP Plan Area.
B. "Conservation Areas" means a system of lands described in Section 4.3 of
the CVMSHCP that provide Core Habitat and Other Conserved Habitat for
the Covered Species, conserve natural communities, conserve Essential
Ecological Processes, and secure Biological Corridors and Linkages
between major habitat areas. There are 21 Conservation Areas from
which the CVMSHCP Reserve System will be assembled.
C. "CVMSHCP" means the Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan, as amended by
the Major Amendment.
D. "Map of CVMSHCP" means the map of the area encompassed by the
CVMSHCP as set forth in the attached Exhibit "1."
E. "Discretionary Project" means a proposed project requiring discretionary
action by a Permittee, as that term is used in CEQA and defined in State
CEQA Guidelines section 15357.
SECTION VI1. EFFECTIVE DATE
The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and
thereupon and thereafter this Resolution shall take effect and be in force according to
law.
4
Resolution No. 2014-67
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of 2014, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
5
Resolution No. 2014-67
I, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that
the foregoing Resolution No. 2014 - 6� was duly and regularly adopted by the City
Council at a regular meeting thereof, held on the day of , 2014,
and that the foregoing is a full, true and correct copy of said Resolution.
RACHELLE KLASSEN, CITY CLERK
6
RESTATEMENT AND FOURTH AMENDMENT
JOINT POWERS AGREEMENT CREATING THE
COACHELLA VALLEY CONSERVATION COMMISSION
This Agreement is intended to be a restatement and fourth amendment of the
Joint Powers Agreement Creating the Coachella Valley Conservation Commission
dated December 1, 2005. This Agreement is made and entered into on the day of
, 2014, for identification purposes only, pursuant to Government Code
Sections 6500 et seq•, by and between the following public agencies:
(a) City of Cathedral City,
(b) City of Coachella,
(c) Citv of Desert Hot Sprinqs,
(d) City of Indian Wells,
(e) City of Indio,
(f) City of La Quinta,
(g) City of Palm Desert,
(h) City of Palm Springs,
(i) City of Rancho Mirage,
(j) County of Riverside,
(k) Coachella Valley Water District,
(I) Imperial Irrigation District, and
(m) Mission Sprinqs Water District.
The foregoing public agencies are referred to herein below, individually and collectively,
as "Party" or "Parties," "Member" or "Members" and "Member Agency" or "Member
Agencies."
The following public agencies are ex officio, non-voting "Participants" on CVCC's
governing board:
(n) Coachella Valley Association of Governments (CVAG);
(o) Riverside County Flood Control and Water Conservation District;
(p) Riverside County Regional Parks and Open Space District; and
(q) Riverside County Waste Management District.
RECITALS
Each of the Parties herein is a public agency. Each is authorized and
empowered to contract with the other Parties for the joint exercise of powers pursuant to
California Government Code Sections 6500, et seq.
The Coachella Valley Conservation Commission, hereinafter "CVCC," was
formed so that its members could, collectively, oversee and administer the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The original parties
contemplated, however, that one or more of the original Members might withdraw from
the CVCC prior to issuance of the Permit. Prior to the issuance, the City of Desert Hot
Springs did, in fact, vote not to participate in the CVMSHCP and was therefore removed
from the CVCC so that, by a prior amendment of this Agreement, the original reference
to Desert Hot Springs as a party to the Agreement was removed. Subsequent to that
amendment to this Agreement, Desert Hot Springs has proposed a Major Amendment
to the CVMSHCP such that the area within Desert Hot Springs would be added again to
the area that is subject to the CVMSHCP. It is anticipated that the Major Amendment
will be finalized and approved by all requisite entities within the next=eig#�ee� twelve
months.
Additionally, in 2010 Desert Hot Springs annexed certain land on the condition
that the area of annexation remains subject to the CVMSHCP. Therefore, an
Amendment to the Implementing Agreement for the Coachella Valley Multiple Species
Habitat Conservation Plan was signed by the U.S. Fish and Wildlife Service, CVCC, the
City of Desert Hot Springs and the California Department of Fish and Game. In signing
the Implementing Agreement Amendment, the City of Desert Hot Springs agreed to the
terms and conditions thereof and, to fulfill the obligations of the CVMSHCP, to become
a Permittee of the Plan for the Desert Hot Springs I-10 Community Annexation Area. In
2011, a Third Amendment to this Aqreement was approved bv the CVCC to include the
City of Desert Hot Springs for the I-10 Community Annexation Area. That Amendment
was not approved bv all other Members, pendinq completion of the Major Amendment.
The Parties now wish to amend this Agreement to include the City of Desert Hot
Springs and Mission Sprinqs Water District as �Members of the CVCC. For Desert Hot
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Springs, such membership would be immediately applicable to all land within the
iurisdictional boundaries of the Citv of Desert Hot Sprinqs, includinq the Desert Hot
Sprinqs I-10 Communitv Annexation Area. ��,���,�-^�a�- ""��^r�T��T�
,
�;���,Q�r.r In so doinq the Parties also wish to ratifv the Third Amendment to
this Aqreement.
NOW, THEREFORE, it is agreed by and between the Parties hereto as follows:
Article 1
Definitions
Section 1.1 Definitions. Unless otherwise defined herein, or the context requires
otherwise, the terms with the initial cap letters that are used in this Agreement shall
have the same meaning as set forth in the MSHCP. As used in this Agreement, unless
the context requires otherwise, the meaning of the terms set forth below shall be as
follows:
(a) "Accrue," in the context of the date that an obligation of CVCC accrued,
shall not refer to the date of a demand or claim. Rather, where there is one act,
omission or event giving rise to the obligation, the date of that one act, omission or
event shall be the date the obligation accrued. However, where an obligation arises out
of more than one act, omission or event, the accrual date shall refer to the entire period
of time running from the first act, omission or event through the date of the last act,
omission or event related to the same obligation.
(b) "Commission" shall mean the governing legislative body of CVCC.
(c) "Commissioner" shall mean the individual designated by a Member
Agency to serve as the Member's representative on the Commission. Except where the
context dictates otherwise, references to "Commissioner" shall include a reference to
the alternate designated by the Represented Member Agency to serve in the absence
of a Commissioner.
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(d) "CVAG" shall mean the Coachella Valley Association of Governments.
(e) "Law" or "the Law" shall mean the Joint Exercise of Powers Act, being
Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the California Government Code
(Sections 6500, et seq.).
(f) "Member" or "Member Agency" shall mean a public agency with voting
rights in CVCC listed in subparagraph (a) through (I) in the opening paragraph of this
Agreement that becomes a signatory to this Agreement or any new party as permitted
pursuant to Section 13.1 (Admission of New Parties).
(g) "MSHCP" shall mean (i) the Coachella Valley Multiple Species Habitat
Conservation Plan, which is a comprehensive, multiple species habitat conservation
planning program in the Coachella Valley area of Riverside County, California that
complies with the requirements of Section 10(a)(1) of the Federal Endangered Species
Act and the California Natural Community Conservation Planning Act of 2002; as well
as (ii) any agreement implementing same.
(h) "Participant" refers to a public agency that is a signatory to the MSHCP
but not a party to this Agreement. A Participant may attend Commission and other
meetings of CVCC to participate in discussions for implementing, overseeing and
administering the MSHCP. Participants' obligations are limited to those outlined in their
respective Permit requirements in the MSHCP. They are not subject to assessment
should the Commission determine additional resources are necessary to administer the
MSHCP and consequently are non-voting Participants of CVCC.
(i) "Represented Member Agency" refers to the Member Agency represented
by a Commissioner, i.e., the Member Agency that appointed a particular Commissioner.
(j) "Treasurer" for CVCC shall be the Treasurer of CVAG (provided CVAG's
Treasurer is a Member or a certified public accountant) or any other certified public
accountant or Member designated by the Commission.
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Article 2
Creation of CVCC
Section 2.1 Creation. There is hereby created pursuant to the Law a public entity
to be known as the "Coachella Valley Conservation Commission," which shall be an
agency or entity that is separate from the Parties to this Agreement.
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Article 3
Powers and Duties of CVAG
Section 3.1 CVAG's Participation. CVAG shall be a non-voting ex officio
Participant of CVCC and shall have the following powers and duties:
(a) To provide, under contract with CVCC, all administrative services required
by CVCC during the first five (5) years of the implementation of the MSHCP; and
thereafter as the administrative services contract may be renewed from time to time by
CVCC;
(b) To empower its Executive Director to serve as Secretary of CVCC;
(c) To exercise such other powers and duties as the Commission deems
necessary to achieve the purposes of this Agreement.
Section 3.2 Principal Office. The principal office of CVAG shall be the principal
office of CVCC. The Commission is hereby granted full power and authority to change
said principal office from said location to another within the Coachella Valley.
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Article 4
Term of Agreement
Section 4.1 Term. This Agreement shall become effective and CVCC shall exist
at such time as this Agreement has been executed by at least a majority of the public
agencies identified in the first paragraph of this Agreement. This Agreement shall be
automatically terminated and considered null and void in the event that, after the
Member Agencies which determine not to adopt the MSHCP have withdrawn from
CVCC, the MSHCP is not approved by the remaining Parties or the Permit
contemplated thereby is not issued by the Wildlife Agencies. Upon issuance of the
Permit, the term of this Agreement shall automatically expire at such time as CVCC
shall have no further obligations pursuant to the MSHCP or the Permit.
Article 5
Membership
Section 5.1 Membership. Excluding ex-officio, non-voting Participants, each
public agency which has executed or hereafter executes this Agreement, and any
addenda, amendments or supplement thereto, and which has not, pursuant to the
provisions hereof, withdrawn or been terminated, shall be a Member of CVCC.
Article 6
Purposes and Powers
Section 6.1 Purpose. The purpose of this Agreement is to create a public agency
to collectively monitor the Members' compliance with their responsibilities under the
MSHCP, and to do all acts related or incidental thereto, either by CVCC alone or in
cooperation with the California Department of Fish and 6a�eWildlife, U.S. Fish and
Wildlife Service and other entities, and to otherwise adopt, implement, manage and
administer the MSHCP. Prior to formal adoption of the MSHCP and/or execution of the
Implementing Agreement, CVCC shall assist in the processing of the MSHCP for
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adoption, related negotiations, environmental review, editing, drafting, planning,
promoting or other administration required or related thereto.
Within the jurisdictional boundaries of each Member Agency, however, the
adoption and amendment of general plans, specific plans, community plans, zoning
ordinances and similar land use ordinances, and the granting of land-use entitlements
(collectively, "local land-use actions") are matters within the sole and absolute discretion
of that Member Agency. Nothing herein shall be construed to require the approval of
such local land-use actions by CVCC.
Section 6.2 General Powers. CVCC shall have the power to exercise any power
common to all the Members as authorized by the Law and is hereby authorized to do all
acts necessary for the exercise of these common powers, including, if adopted, any
powers or authority implied or expressed in the MSHCP and Implementing Agreement,
including, but not limited to, any of the following:
(a) To coordinate the finalization, adoption, implementation, management and
administration of the MSHCP;
(b) To make and enter into contracts, leases and other agreements;
(c) To incur debt, liabilities or obligations;
(d) To acquire, hold and dispose of property by purchase, lease, lease
purchase or sale as necessary to the full exercise of its powers;
(e) To lease, acquire, construct, manage, maintain and operate any buildings,
works or improvements;
(f) To sue and be sued in its own name;
(g) To contract for the services of engineers, attorneys, planners, educators,
scientists, technical specialists, financial consultants and, separate and apart therefrom,
to employ such other agents, employees, consultants, advisors, independent
contractors and other staff as it deems necessary;
(h) To issue bonds, notes and other indebtednesses, and to enter into
installment sale and installment purchase contracts, all as provided for in Section 11.9
(Issuance of Bonds, Notes and Other Indebtedness);
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(i) To apply for, accept and receive state, federal or local licenses, permits,
grants, loans or other aid from any agency of the United States of America, the State of
California or other public or private entities;
(j) To receive gifts, contributions and donations of property, funds, services
and other forms of financial assistance from persons, firms, corporations and any
governmental entity;
(k) To adopt rules, regulations, policies, bylaws and procedures governing the
operation of CVCC;
(I) To perform all acts necessary or proper to carry out fully the purposes of
this Agreement;
(m) To invest any money in the treasury pursuant to California Government
Code Section 6505.5 that is not required for the immediate necessities of CVCC, as
CVCC determines is advisable, in the same manner and upon the same conditions as
local agencies pursuant to California Government Code Section 53601;
(n) To the extent not hereinafter specially provided for, to exercise any
powers in the manner and according to the methods provided under the laws applicable
to the County of Riverside; and
(o) Notwithstanding the powers described in this Section 6.2, nothing in this
Agreement shall limit the local land-use actions or powers granted to a Member under
state law or charter and nothing in this Agreement shall be interpreted as a limitation on
those local land-use actions or powers.
Section 6.3 Implementation of the MSHCP. CVCC shall provide guidance to
Members on the implementation of the MSHCP and will provide opportunities for public
participation in the decision-making process. Those duties shall include but are not
limited to the following:
(a) Upon due consideration and approval, sign the Implementing Agreement
and act as a Permittee under the Permit;
(b) Consistent with the terms of the MSHCP, hire, appoint, designate and/or
contract with an Executive Director, Land Manager and Monitoring Program
Administrator.
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(c) Establish the Acquisition and Funding Coordinating Committee, the
Reserve Management Oversight Committee, the Reserve Management Unit
Committees and designate the Monitoring Program Administrator;
(d) Establish a Trails Management Subcommittee to the Reserve
Management Unit Committee for the Santa Rosa and San Jacinto Mountains
Conservation Area;
(e) Establish policies as appropriate under which the Acquisition and Funding
Coordinating Committee will make recommendations to CVCC;
(f) Identify and make decisions on Local Permittee MSHCP Reserve System
acquisitions where such decision is to be made by CVCC pursuant to the MSHCP;
(g) Ensure adequate management of locally managed Reserve Lands;
(h) Assist in the development of Reserve Management Unit Plans;
(i) Contract with outside entities for specific services, such as land
management and law enforcement, as needed;
(j) Manage and coordinate the MSHCP local funding plan as set forth in the
MSHCP;
(k) Develop and implement financing strategies to maximize funding sources;
(I) Develop an investment policy and review said policy on an annual basis;
(m) Adopt an annual budget, including but not limited to expenses associated
with land acquisition, and the Monitoring Program, Management Program and Adaptive
Management, consistent with the annual work plans for same;
(n) Annually review development mitigation fee remittance for compliance and
accuracy;
(o) Prepare annual reports assessing the status of the Permittees' compliance
with the MSHCP and hold public workshops to present the findings;
(p) Conduct an annual rough step analysis to ensure the reserve system is
being assembled, over time, in a configuration consistent with the MSHCP;
(q) Act as custodian of records for information concerning MSHCP
implementation;
(r) Maintain a record of the amount of Take and habitat loss for each Local
Permittee;
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(s) Maintain a record of the amount of Take Authorization to Participating
Special Entities as set forth in the Implementing Agreement;
(t) Grant Take Authorization to Participating Special Entities and others as
set forth in the Implementing Agreement;
(u) Acquire land and administer grant programs to non-profit organizations
and Permittees to conserve lands that contribute to MSHCP Reserve Assembly;
(v) Coordinate conservation easement agreements with landowners, seek
grants and other funding sources to assist with acquisition, and coordinate with other
state and federal acquisition programs in the Plan Area to ensure efficiency and
consistency among acquisition programs; and
(w) Hold regularly scheduled public meetings.
Article 7
Commission
Section 7.1 Governing Bodv. CVCC shall be governed by a Commission
consisting of a Commissioner representing each Member Agency; except that each
Supervisor's District of the County of Riverside shall be represented by a
Commissioner. An alternate for each Commissioner may be appointed by the
Represented Member Agency, which alternate shall meet the same qualifications as a
Commissioner, except that an alternate for a County Supervisor may be any current
member of the governing body of another member entity of the Coachella Valley
Conservation Commission. An alternate appointed by any one County Supervisor may
not be from the same entity as an alternate appointed by any other County Supervisor.
In the absence of the Commissioner, the alternate shall have the same authority and
power as the Commissioner. Each Participant may also appoint a Commissioner and
alternate. Excluding ex officio Participants, each Commissioner shall have the voting
rights provided for in Section 7.13 (Voting). Ex officio Participants shall be non-voting
members of the Commission. The Commission shall exercise all powers and conduct
all business of CVCC, either directly or by delegation to other bodies or persons
pursuant to this Agreement, the MSHCP and applicable law.
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Section 7.2 Qualifications. Excluding ex officio Participants, each Commissioner
shall be a current member of the governing body of the appointing Member Agency.
Termination of office with the Represented Member Agency shall automatically
terminate membership on the Commission. Except as to County Supervisors serving as
Commissioners, each Commissioner (and alternate, including any alternate designated
by the County) shall serve at the pleasure of the governing body of the appointing
Member (or appointing Participant) and may be removed at any time, with or without
cause, in the sole discretion of said Member's (or Participant's) governing body.
Section 7.3 Reqular Commission Meetinqs. The Commission shall hold at least
one regular annual meeting and shall provide for such other regular meetings as it
deems necessary. Meetings of the Commission shall be held at such locations in the
Coachella Valley and at such times as may be designated from time to time by the
Commission.
Section 7.4 Special Meetinqs of the Commission. Subject to all noticing
requirements of The Brown Act, special meetings of the Commission may be called by
the Chair, to be held at such times and places within the Coachella Valley as may be
ordered by the Chair. A majority of the Commissioners may also call a special meeting
for any purpose.
Section 7.5 Quorum. Except as otherwise provided in this Agreement, CVCC
shall act only upon a majority of a quorum of the Commission. A quorum of any
meeting of Commissioners shall consist of a majority of the Commissioners then
designated by and serving on behalf of the Members. Ex officio, non-voting Participants
shall not be included when calculating the number of Commissioners necessary to
constitute a quorum or the number of votes necessary to approve an action. In the
event that a Member Agency has failed to designate a Commissioner, or a Member
Agency's designated Commissioner has died, resigned, left office, been terminated or is
otherwise unwilling or unable to act as the designating Member Agency's
representative, and a replacement Commissioner has not yet been designated, and
there is no designated alternate, such that a Member Agency has no duly acting
representative on the Commission, that Member Agency's vacant Commission seat
shall not be included when calculating the number of Commissioners necessary to
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constitute a quorum or the number of votes necessary to approve an action. Except as
otherwise provided in this Agreement, every act or decision made by a majority of the
Commissioners present at a meeting duly held at which a quorum is present is the act
of the Commission. In the absence of a quorum, any meeting of the Commissioners
may be adjourned from time to time by a vote of the majority present, but no other
business may be transacted except as provided for in this Section.
Section 7.6 Chair and Vice-Chair. The Commission shall annually elect from its
membership a Chair and Vice-Chair to serve for a one-year term.
Section 7.7 Conduct of Meetinqs. The Chair or, in the absence of the Chair, the
Vice-Chair, shall preside at all meetings of the Commissioners.
Section 7.8 Resignation of a Commissioner. Any Commissioner may resign
effective on giving written notice to the Commission and the other Member Agencies,
unless the notice specifies a later time for the effectiveness of such resignation. A
successor shall be appointed by the Represented Member Agency as provided for in
this Agreement.
Section 7.9 Vacancies on the Commission. A vacancy on the Commission shall
exist (a) on the death or resignation of any Commissioner, (b) at the end of any
Commissioner's term on the governing body of the Represented Member Agency, (c)
whenever the number of Commissioners is increased, (d) upon termination by the
Represented Member Agency, or (d) on the failure of the Member Agencies to appoint
the full number of Commissioners authorized. A vacancy shall be filled only by the
Represented Member Agency for whom a Commissioner is not then serving. Absent
notice to the contrary from the Represented Member Agency, the alternate for the
Represented Member Agency may continue to act in the place of the vacating
Commissioner.
Section 7.10 Other Officers. The Executive Director of CVAG shall be the
secretary of CVCC. Any officer, employee or agent of any Member of CVCC may also
be an officer, employee, or agent of any of the Member Agencies. CVCC shall have the
power to appoint such additional officers and to employ such employees and assistants
as may be appropriate. Each and all of said officers, employees and assistants shall
serve at the pleasure of CVCC and shall perform such duties and shall have such
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powers as CVCC may, from time to time, determine. Any officer may resign at any time
by giving written notice to the Secretary. Any such resignation shall be effective upon
receipt of such notice or at any later time specified in the notice. Officers shall assume
the duties of their offices immediately after their appointment and shall hold office until
their successors are appointed, except in the case of their removal or resignation.
Vacancies shall be filled by appointment of the Commissioners and such appointee
shall hold office until the appointment of his or her successor.
Section 7.11 Minutes. The secretary of CVCC shall cause to be kept minutes of
regular, adjourned regular and special meetings of the Commission. The Secretary
shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to
be forwarded to each of the Parties hereto.
Section 7.12 Rules. A majority of Commissioners may adopt rules governing
meetings if not inconsistent or in conflict with this Agreement. In the absence of rules
adopted by the Commissioners, Roberts' Rules of Order, as they may be amended from
time to time, shall govern the meetings of the Commission in so far as they are not
inconsistent or in conflict with this Agreement or any CVCC bylaws.
Section 7.13 Votinq. Except as otherwise provided by this Agreement, each
Commissioner shall have one vote.
Section 7.14 Compensation. Commissioners shall serve without compensation
from CVCC. For purposes of this Section, "compensation" does not include
reimbursement of actual expenses or per diem.
Article 8
Committees
Section 8.1 Committees. From time to time, and in addition to the committees to
be established pursuant to the MSHCP, the Commission may create by majority vote
various other committees to carry on the business of CVCC.
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Article 9
Conduct of Meetings
Section 9.1 Compliance with Brown Act. All meetings of the Commission and
other CVCC committees, including, without limitation, regular, adjourned regular and
special meetings, shall be called, noticed, held and conducted in accordance with
applicable provisions of the Ralph M. Brown Act, California Government Code Sections
54950, et seq•
Article 10
Employees
Section 10.1 CVCC Staff. CVCC may contract with CVAG for staff services,
retain its own staff, or contract with another entity for services. Unless other
employment is approved by the Commission, the CVCC Executive Director may utilize
CVAG staff as may be necessary to accomplish the purposes of CVCC. CVAG staff
time, as well as office expenses, direct and indirect overhead, shall be charged to
CVCC utilizing direct billing and other accounting practices that provide for a clear
separation of funds.
Section 10.2 Status. Where CVAG's or other Member Agency's staff are utilized
to accomplish the purposes of CVCC, all of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension, relief, disability, worker's
compensation and other benefits which apply to the activity of officers, agents or
employees of any of the Members when performing their respective functions shall
apply to them to the same degree and extent when engaged in the performance of any
of the functions and other duties under this Agreement. However, no staff employed
directly by CVCC, if any, shall be deemed, by reason of their employment by CVCC, to
be employed by any of the Members or, by reason of their employment by CVCC, to be
subject to any of the employment requirements of the Member Agencies.
Section 10.3 Leqal Counsel. CVCC may appoint General Counsel who shall
provide legal advice and perForm such other duties as may be prescribed by the
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Commission. Counsel to one or more of the Members shall be eligible to serve as
General Counsel to CVCC and such appointment shall not, by itself, be deemed to be
inconsistent, incompatible, in conflict with or inimical to his or her duties as counsel to
the Member Agency or Agencies, consistent with all applicable conflict-of-interest
statutes and regulations.
Article 11
Financial Provisions
Section 11.1 Fiscal Year. The fiscal year of CVCC shall be from July 1 of each
year to the succeeding June 30.
Section 11.2 Depositarv. The Treasurer shall be the depositary and have
custody of all money of CVCC from whatever source and shall perform the duties
specified in Government Code Section 6505.5. All funds of CVCC shall be strictly and
separately accounted for, and regular reports shall be rendered to the Commission and
the Members of all receipts and disbursements at least quarterly during the fiscal year.
The books and records of CVCC shall be open to inspection by a Member or
Commissioner at all reasonable times upon reasonable notice. The Treasurer shall
contract with an independent certified public accountant to make an annual audit of the
accounts and records of CVCC, which shall be conducted, at a minimum, in accordance
with the requirements of the State Controller under Section 26909 of the California
Government Code, and shall conform to generally accepted auditing standards.
Section 11.3 Propertv Bonds. The Commission shall from time to time designate
the officers and persons, in addition to the Treasurer, who shall have charge of, handle,
or have access to any property of CVCC. Each such officer and person, including the
Treasurer, shall file a bond in an amount designated by the Commission. When fixing
the amount of such bonds, the Commission shall be deemed to be acting for and on
behalf of the Represented Member Agencies in compliance with Government Code
Section 6505.1
Section 11.4 Budc�et. As soon as practicable after the effective date of this
Agreement, and thereafter at least thirty (30) days prior to the commencement of each
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fiscal year, the Executive Director shall present a proposed budget to the Commission
for the forthcoming fiscal year. Prior to the commencement of the fiscal year, the
Commission shall adopt a budget for the new fiscal year. No expenditures in excess of
those provided for in the current, duly adopted budget shall be made without the
approval of the Commission.
Section 11.5 Workinq Capital Account. A Working Capital account, which is to
be used for the purpose of funding general overhead and administrative expenses for
the ongoing operations of CVCC, shall be established by the Commission in an amount
approved in connection with the annual budget process.
Section 11.6 Additional Fundinq. In the event that the Commission proposes to
seek funding for a budget in excess of the funds available from the funding mechanisms
set out in the Plan, an advance or grant may be requested from CVAG and/or any
Member Agency. Should such request be declined, the Commission, by three-fourths
vote of the Member Agencies, meaning an affirmative vote by three-fourths of the total
number of Member Agencies, may levy an assessment on Member Agencies. Said
vote shall include a determination as to the amount deemed necessary and the manner
of apportionment. Thus, notwithstanding the fact that the County shall be represented
by five Commissioners, the County shall have only one vote on issues of assessments
or apportionment thereof.
The determination as to the apportionment of an assessment shall be fair and
reasonable given the purpose for which the assessment is required and the degree to
which each Member is affected and/or benefited by the contemplated expenditure. A
Member Agency unable to immediately fund an assessment shall be permitted to pay
an assessment in installments. Subject only to the arbitration rights set out at Section
11.7, the determination of the assessment to be paid by each Member and the due date
shall be final, binding and enforceable as a term of this Agreement.
Nothing in this Agreement shall be construed by the Parties to require the
expenditure of any money from the general funds of a Party unless expressly authorized
by the appropriate governing body of that Party.
Section 11.7 Arbitration. Notwithstanding any other provision herein, the Parties
agree as follows: Any determination with respect to an assessment levied pursuant to
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Section 11.6, 13.4 or 15.3 shall be subject to binding arbitration at the request of any
Party to which liability is assigned; provided, however, that the request for arbitration
shall be made within ninety days of the date that the Commission votes to impose the
assessment. If the Parties cannot agree on the method of arbitration and selection of
the arbitrator within ninety days of notice of the request for arbitration, the arbitration
shall be administered by JAMS, or its successor, pursuant to its Comprehensive
Arbitration Rules and Procedures. The arbitrator shall exercise his or her independent
judgment as to whether or not the Commission has abused its discretion when it
determined the manner of apportionment of an assessment. The arbitrator may, in the
Award, allocate all or part of the costs of the arbitration, including the fees of the
arbitrator and the reasonable attorneys' fees of the prevailing party. Judgment on the
arbitration award may be entered in any court having jurisdiction.
Section 11.8 fReserved.l
Section 11.9 Issuance of Bonds, Notes and Other Indebtedness. CVCC may
issue bonds, notes or other forms of indebtedness if such issuance is approved by two-
thirds (2/3) vote of the Commission.
Section 11.10 Disbursements. The Executive Director shall request warrants
from the Treasurer in accordance with budgets approved by the Commission subject to
quarterly review by the Commission. The Treasurer shall pay such claims or
disbursements and such requisition for payment in accordance with rules, regulations,
policies, procedures and bylaws adopted by the Commission.
Section 11.11 Accounts. All funds will be placed in accounts and the receipt,
transfer or disbursement of such funds during the term of this Agreement shall be
accounted for in accordance with generally accepted accounting principles applicable to
governmental entities and pursuant to Government Code Section 6505 et seq• and any
other applicable laws. All revenues and expenditures shall be reported to the
Commission.
Section 11.12 Expenditures Within Approved Annual Budget. All expenditures
shall be made within the approved annual budget. No expenditures in excess of those
budgeted shall be made without the approval of the Commission.
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Article 12
Relationship of CVCC and Its Members
Section 12.1 Separate Entitv. CVCC shall be a public entity separate from the
Parties to this Agreement and the debts, liabilities and obligations of CVCC shall not be
the debts, liabilities or obligations of the Members. No Member shall be jointly or
severally liable for any debt or obligation of CVCC or any of its Members. Specifically,
nothing herein is intended to give rise to any right in any third party to enforce an
obligation set out herein of one Party to another Party to this Agreement. All property,
equipment, supplies, funds and records of CVCC shall be owned by CVCC, except as
otherwise provided in this Agreement.
Article 13
Admission and Withdrawal of Parties
Section 13.1 Admission of New Parties. To the extent that the Plan Area falls
within an agency's jurisdictional boundaries, any public agency identified in the first
paragraph of this Agreement, which public agency did not execute the Agreement when
it previously went into effect, shall subsequently be admitted as a Member upon request
by that public agency's legislative body and without further approval of the then existing
Member Agencies. The admission of said new Member shall be evidenced by the
execution of a written addendum to this Agreement signed by the new Member.
Additional public entities not identified in the first paragraph of this Agreement may
become Members of CVCC upon such terms and conditions as provided in the MSHCP.
Admission of such additional public entities shall be evidenced by the execution of a
written addendum to this Agreement signed by all the Parties including the new Parties
Section 13.2 Withdrawal of Membership.
(a) Prior to Permit Issuance. A Member may withdraw from CVCC at any
time prior to the issuance of a Permit pursuant to the MSHCP, and notwithstanding any
other provision herein, that Member shall have no continuing liability for any
4th Amended 18 Coachella Valley
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assessments levied by CVCC after the effective date specified in the notice of
withdrawal.
(b) After Permit Issuance. After Permit issuance a Member may withdraw by
delivering written notice to the Commission's secretary that the Member's legislative
body has approved withdrawal and such withdrawal shall be effective 90 days
thereafter. Withdrawal after Permit issuance shall not relieve the Member of its
proportionate share of any debt or other liability of CVCC that accrued prior to the
effective date of the Member's withdrawal, provided notice of the potential liability was
given by CVCC to the Member prior to or within the first four years of said Member's
withdrawal from the CVCC. Withdrawal shall result in the forfeiture of that Member's
rights and claims relating to the distribution of property and funds upon termination of
CVCC as set forth in Section 13.3 (Disposition of Property Upon Termination).
Section 13 3 Disposition of Propertv Upon Termination. In the event of the
termination of this Agreement, any property interest remaining in CVCC following the
discharge of all obligations shall be disposed of as the Commission shatl determine with
the objective of returning to each Member a proportionate return on the contributions
made by each, less previous returns if any.
Section 13.4 Continuing Liabilitv. Notwithstanding a withdrawal of inembership,
a past Member Agency shall be responsible to CVCC for its proportionate share, as
determined and approved by a 3/4 vote of the Member Agencies, of any liability of the
CVCC Accruing during the withdrawn Member's period of participation in CVCC,
provided notice of the potential liability was given by CVCC to the Member prior to or
within the first four years of said Member's withdrawat from the CVCC. The
determination as to the apportionment of such an assessment shall be fair and
reasonable given the purpose for which the assessment is required and the degree to
which each Member is affected and/or benefited by the contemplated expenditure. The
Members acknowledge that, given the possible variables, determination of a proper
apportionment may be difficult. Therefore, subject only to arbitration rights set out at
Section 11.7, the Members agree that the Commission's good faith determination of a
fair apportionment shall be final, binding and enforceable as a term of this Agreement.
Any such assessment shall be paid to CVCC within thirty (30) days of billing by CVCC.
4th Amended 19 Coachella Valley
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Article 14
Provision for Bylaws
Section 14.1. Bylaws. As soon as practicable after the first meeting of the
Commission, the Commission shall cause to be developed bylaws to govern the day-to-
day operation of CVCC.
Article 15
Contribution and Indemnity Among Members
Section 15.1 No Third Partv Beneficiaries. This Article shall reflect the Parties'
rights and obligations as by and among themselves. Nothing herein shall create any
right in any third party to enforce any right or obligation set out in this Agreement as
against any Party hereto.
Section 15.2 Hold Harmless and Indemnitv. Subject to the provisions of Section
15.3 and provided that a Party has acted in good faith and in accordance with this
Agreement, the MSHCP, the Implementing Agreement and the Permit, CVCC shall
defend with counsel acceptable to said Party, indemnify and hold such Party free and
harmless from any loss, liability or damage incurred or suffered by such Party by reason
of litigation arising from or as a result of any of the following: the Party's development
mitigation fee ordinance; the Party's participation in CVCC; action taken to approve
and/or implement the MSHCP; claims of inverse condemnation or unconstitutional
takings against a Party as a result of or related to its participation in the MSHCP; or any
other act performed or to be performed by the Party pursuant to this Agreement, the
MSHCP, the Implementing Agreement or the Permit; provided, however that such
indemnification or agreement to hold harmless pursuant to this section shall be
recoverable only out of CVCC assets and not from other Parties. To the extent CVCC's
assets are insufficient to satisfy its obligations under this Section, any member Agency
forced to expend its own funds to satisfy what would otherwise be CVCC's obligations
shall be entitled to reimbursement from CVCC.
4th Amended 20 Coachella Valley
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Section 15.3 Limitations on Liabilitv. CVCC shall be authorized to defend,
indemnify and hold harmless any Commissioner, officer, agent or employee for actions
taken or not taken within the scope of authority given or granted by CVCC and from and
against any claim or suit arising out of any act or omission of CVCC, the Commission or
any Commissioner, officer, agent or employee in connection with this Agreement and
may purchase insurance as the Commission may deem appropriate for this purpose.
The Parties acknowledge that Section 895.2 of the California Government Code
provides that a Member is jointly and severally liable for the torts of the joint powers
agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint
powers agency to contractually agree to indemnity and contribution provisions that allow
such liability to be apportioned among the members based on their respective degree of
fault giving rise to the liability. The Parties further acknowledge that they have agreed
at Section 15.2 above to indemnify and defend those Member agencies against loss,
liability or damage suffered by a Member Agency individually as a result of that
Agency's good faith acts taken pursuant to this Agreement or the MSHCP. Now,
therefore, in contemplation of such authority, the Parties agree that, as among
themselves, each shall assume that portion of the liability imposed upon CVCC or any
of its Members, officers, agents or employees by law for injury caused by any negligent
or wrongful act or omission occurring during the performance of this Agreement that is
not covered by insurance, that is determined by the Commission to be that Member's
proportionate share Accruing during the Member's period of participation in CVCC.
Said determination shall be by three-fourths vote of the Member Agencies, meaning an
affirmative vote of three-fourths of the total number of Member Agencies. The Members
acknowledge that, given the possible variables, determination of a proper
apportionment may be difficult. Therefore, subject only to arbitration rights set out at
Section 11.7, the Members agree that the Commission's good faith determination of a
fair apportionment shall be final, binding and enforceable as a term of this Agreement.
Each Member shall to the extent provided herein indemnify and hold harmless the other
Members for any loss, costs or expenses that may be imposed on such other Members
solely by virtue of Section 895.2.
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Article 16
Miscellaneous Provisions
Section 16.1 Notices. Notices to Members hereunder shall be sufficient if
delivered to the principal office of the respective Member.
Section 16.2 Amendments. This Agreement may be amended or terminated,
provided such amendment or termination is consistent with the provisions of the
MSHCP and has been approved by each Member. The vote, assent or approval of
each Member shall be evidenced by a certified copy of a resolution, minute order or
similar writing of the governing body of the Member Agency, filed with CVCC.
Section 16.3 Prohibition Aqainst Assignment. No Member may assign any right,
claim or interest it may have under this Agreement, and no creditor, assignee, or third-
party beneficiary of any Member shall have any right, claim or title to any part, share,
interest, fund, or asset of CVCC. This Agreement shall be binding upon, and shall inure
to, the benefit of the successors of each Party.
Section 16.4 Aqreement Complete. The foregoing constitutes the full and
complete Agreement of the Parties. There are no oral understandings or agreements
not set forth in writing herein.
Section 16.5 Severability. If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Agreement shall to any extent be adjudged
invalid, unenforceable, void or voidable for any reason whatsoever by a court of
competent jurisdiction, each and all of the remaining terms, provisions, sections,
promises, covenants and conditions of this Agreement shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
Section 16.6 Multiple Oriqinals. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
Section 16.7 Execution. The governing legislative body of each Member has
each authorized execution of this Agreement, as evidenced by the authorized
signatures below.
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Conservation Commission JPA
CITY OF CATHEDRAL CITY
DATE
Mayor Kathleen De Rosa
City of Cathedral City
CITY OF COACHELLA
DATE
Mayor Eduardo Garcia
City of Coachella
CITY OF INDIAN WELLS
DATE
Mayor Ted Mertens
City of Indian Wells
CITY OF INDIO
DATE
Mayor Mike Wilson
City of Indio
4t"Amended 23 Coachella Valley
Conservation Commission JPA
CITY OF LA QUINTA
DATE
Mayor pon Adolph
City of La Quinta
CITY OF PALM DESERT
DATE
Mayor Van Tanner
City of Palm Desert
CITY OF RANCHO MIRAGE
DATE
Mayor Iris Smotrich
City of Rancho Mirage
CITY OF PALM SPRINGS
DATE
Mayor Steve Pougnet
City of Palm Springs
4�h Amended 24 Coachella Valley
Conservation Commission JPA
COUNTY OF RIVERSIDE
DATE
Jeff Stone, Chair
Board of Supervisors
County of Riverside
COACHELLA VALLEY WATER DISTRICT
DATE
John Powell, Jr.
Board President
Coachella Valley Water District
Coachella, California
IMPERIAL IRRIGATION DISTRICT
DATE
James C. Hanks
Board President
Imperial Irrigation District
Imperial, California
CITY OF DESERT HOT SPRINGS
DATE
Mavor Adam Sanchez
City of Desert Hot Sprinqs
4th Amended 25 Coachella Valley
Conservation Commission JPA
MISSION SPRINGS WATER DISTRICT
DATE
Russ Martin
Board President
Mission Sprinqs Water District
Desert Hot Sprinqs, California
4th Amended 26 Coachella Valley
Conservation Commission JPA