HomeMy WebLinkAboutCalifornia, State Of; 1991-08-01;MEMORANDUM OF AGREEMENT
REGARDING CITY OF CARLSBAD COASTAL SAGE SCRUB HABITAT PROGRAM
THIS MEMORANDUM OF AGREEMENT is entered into as of
August 1, 1991, by and among the City of Carlsbad ("City"),
the California Department of Fish and Game ("DFG") and The
Fieldstone Company ("Fieldstone").
RECITALS
This Memorandum of Agreement is based on the
following facts:
WHEREAS, the City, the United States Fish and
Wildlife Service and Fieldstone have executed a Memorandum of
Agreement ("MOA") regarding the preparation of a habitat
conservation program ('HCP Program") and plan ("HCP") for the
conservation of Pacific Coastal Sage Scrub, habitat of the
California Gnatcatcher (Poliootila californica)
("Gnatcatcher") and other species of concern ("Species of
Concern") within the City as part of the City's Habitat
Management Program ('HMP");
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WHEREAS, DFG is a trustee agency with respect to
wildlife and wildlife habitat, including the Species of
Concern and Scrub Habitat and important biological habitat as
outlined in Section 1802 of the California Fish and Game
Code;
WHEREAS, the Secretary for Resources is exploring
the development of a program for Natural Communities
Conservation Planning and legislation has been proposed which
could establish State policies, laws and regulations with
respect thereto and to the development of habitat
conservation programs and plans; and
WHEREAS, DFG is supportive of and desires to
cooperate with the City, USFWS and Fieldstone in consulting
with respect to the preparation of the HCP Program and HCP,
consistent with and in accordance with State laws and
regulations, including but not limited to the California
Endangered Species Act ('CESA") and the California
Environmental Quality Act ("CEQA");
THEREFORE, it is mutually agreed and understood as
follows:
1. DFG will join in the MOA to the extent that it
will cooperate in consulting with the City, USFWS and
Fieldstone in the preparation of the HCP Program in
accordance with the time schedule set forth in the MOA and
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subject to and consistent with available resources, its
authority, and legal responsibilities:
a. As a trustee agency with respect to wildlife
and wildlife habitat; and,
b. Under CESA, CEQA and laws and regulations
enacted and promulgated in the future including,
but not limited to, any such laws and regulations
with respect to Natural Communities Conservation
Planning.
2. Without limiting the generality of the
foregoing, in connection with the preparation of the HCP
Program, upon the request of the City and subject to
compliance with CEQA, DFG shall consider:
a. As a trustee agency for wildlife and wildlife
habitat, entering into implementation agreements
which provides for the conservation of the Species
of Concern and Coastal Sage Scrub Habitat;
b. The issuance of a Endangered Species Management
Permit under and in accordance with Section 2081 of
CESA with respect to any species addressed by the
HCP Program or Plan which are regulated by CESA.
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C. Implementing a conservation program for
species identified in the Natural Communities
Conservation Plan process.
3. Miscellaneous Provisions.
a. Termination. While this MOA is intended to
provide the basis for cooperative actions, any party may
terminate its participation at any time by written
notice to the other parties.
b. No Approval/Commitment. It is acknowledged
that the City and DFG are authorized to commit to
aspects of a program or plan only after a formal
decision-making process in accordance with applicable
laws and regulations. Accordingly, the participation
and statements of representatives of these agencies
during the process hereunder and under the MOA are only
in an individual advisory capacity and shall not bind or
be viewed as the official position of their agencies
except when provided pursuant to formal actions of the
respective agency.
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Executed by the parties on the dates set forth
below.
" CITY"
"FIELDSTONE" The Fieldstone Company
" DFG " California Department of Fish and Game
by: cYQ+-fJA*Sd
Date: & 'I-q1
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August 26, 1991
California Dept. of Fish 81 Game
1416 9th St., Room 1205
Sacramento, CA 95814
Attn: Howard Sarasohn, Deputy Director
Re: Memorandum of Agreement - City of Carlsbad Coastal Sage Scrub Habitat
Program
The Carlsbad City Council, at its meeting of August 20, 1991, adopted Resolution
No. 91-257, approving the above-referenced Memorandum of Agreement between the
City of Carlsbad, the California Department of Fish & Game, and the Fieldstone
Company.
Enclosed for your records is a copy of the fully executed agreement as well as
a copy of Resolution No. 91-257.
Encs.
1200 Carlsbad Village Drive l Carlsbad, California 92008 - (6 19) 434-2808
August 26, 1991
Fieldstone Company
P.O. Box 9000-266
Carlsbad, CA 92009
Attn: Doug Avis
Re: Memorandum of Agreement - City of Carlsbad Coastal Sage Scrub Habitat
Program
The Carlsbad City Council, at its meeting of August 20, 1991, adopted Resolution
No. 91-257, approving the above-referenced Memorandum of Agreement between the
City of Carlsbad, the California Department of Fish & Game, and the Fieldstone
Company.
Enclosed for your records is a copy of the fully executed agreement as well as
a copy of Resolution No. 91-257.
s&
Assistant City Clerk
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008 l (619) 434-2808