HomeMy WebLinkAbout1991-08-20; City Council; 11288; MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE CALIFORNIA DEPARTEMENT OF FISH AND GAME, AND THE FIELDSTONE COMPANYr
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ClTrOF CARLSBAD - AGENWILL /’ .
AB#-- Tu MEMORANDUM OF AGREEMENT BETWEEN THE
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MTG, 8-20 - $1 i CITY OF CARLSBAD, THE CALIFORNIA
DEPARTMENT OF FISH AND GAME, AND
THE FIELDSTONE COMPANY
RECOMMENDED ACTION:
That the City Council approve Resolution No. 4 1 - d 5 3 authorizing the Mayor
the Memorandum of Agreement.
ZTE?~ EXPuwYr8oJ:
The City is in the process of developing a Habitat Management Plan (HMP) which
policies and mechanisms for the protection of wildlife habitat, especially thc
endangered, threatened, or sensitive species. The HMP is expected to be compl
1992. While the HMP is being developed, it is necessary for normal processing to
a number of private and public projects, some of which will impact the habitat
species. The mechanism for addressing impacts to the habitat of sensitive specie
listing phase is a Memorandum of Agreement (MOA) with the appropriate state ar
wildlife agencies.
On July 23, 1991, the City Council authorized the execution of an MOA with the U
Fish and Wildlife Service. At that time it was indicated that the California Departi
and Game would soon be ready to enter into a similar MOA. The attached MC
signed by the state, and staff recommends its execution by the City.
The key provisions of the attached MOA are the same as those contained in th
approved federal MOA. There are some wording differences to reflect differenc
state and federal law regarding endangered species. The format has also been si
condensed at the request of the state officials.
As with the federal MOA, the benefits to be gained are primarily in the area of for
strengthening the City’s already good working relationship with the Departmenl
Game. Entering into the MOA will again demonstrate the City’s commitmer
planning and to working with the wildlife agencies in a good faith process. In ret
will be assured that its planning for Rancho Santa Fe Road and other municipal
continue to receive the attention and timely input of the agencies. The mutual obj
parties to the MOA will be to plan the mitigation for these projects in an en\
responsible and coordinated way in compliance with both the state and federal
Species Acts.
ENVIRONMENTAL REVIEW
The execution of the MOA is not a project under the California Environmental QL
requires no environmental review. The Rancho Santa Fe Road project, which is o
be addressed by the MOA, is already being analyzed by a full EIR. Other projecl
be addressed by the MOA will require their own environmental review pursuant
normal process. If the MOA results in a formal plan for adoption, the plan will
state and federal environmental review.
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Page Two of Agenda Bill No. l/,2!?8
FISCAL IMPACT
There will be no fiscal impact to the City as a result of this action.
EXHIBITS
1.
2. Memorandum of Agreement
City Council Resolution No. ?/ -25 7
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RESOLUTiON NO. 91 - 3 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, C/!
AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF A
BETWEEN THE CITY, THE CALIFORNIA DEPARTMENT OF FISH AND GAM1
FIELDSTONE COMPANY.
WHEREAS, the City Council of the City of Carlsbad wishes to prov
preservation of habitat for wildlife, especially species that are listed as endangered,
or candidates for such listing; and
WHEREAS, the City Council of the City of Carlsbad also wishes to pro
construction of needed public facilities as stated in the Public Facilities Element of
Plan, the Growth Management Program, and other policy documents; and
WHEREAS, the City Council of the City of Carlsbad also wishes to provide fc
private development of privately owned land consistent with the City's various lanc
and regulations and in light of the need to provide areas for wildlife habitat; and
WHEREAS, the habitat type known as Coastal Sage Scrub is the home tc
species that are currently candidates for listing as endangered or threatened by
Department of Fish and Game; and
WHEREAS, some public and private projects within Carlsbad may impact
Scrub habitat, and the City wishes to work with the Department of Fish ar
cooperative effort to devise the optimal mitigation measures to be employed w
such projects; and
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WHEREAS, the Fieldstone Company is one owner of private property that
to be a participant in the cooperative effort between the City and the Departme
Game and to be a party to the MOA;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council (
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Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the memorandum of agreement between the City, the California
of Fish and Game, and the Fieldstone Company, which is attachec
incorporated by this reference, is approved.
That the Mayor is authorized to execute the agreement. 3.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Cc
City of Carlsbad, held on the 20th day of August , 1991, by tl
vote, to wit:
Council Members Lewis, Kulchin, Larson, Stanton and AYES:
NOES: None
ABSENT: None
ATTEST:
- 6lLLzL-4- ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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MEMORANDUM OF AGREEMENT
REGARDING CITY OF CARLSBAD
COASTAL SAGE SCRUB HABITAT PROGRAM
THIS MEMORANDUM OF AGREEMENT is entered into as oj
August 1, 1991, by and among the City of Carlsbad ("City"),
the California Department of Fish and Game ('IDFG") 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 c
Agreement (''MOA") regarding the preparation of a habitat
conservation program ("HCP Program") and plan (I'HCP") for tl-
conservation of Pacific Coastal Sage Scrub, habitat of the
California Gnatcatcher (Polioptila 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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I* 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 a
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 whic
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 (I'CESA") and the California
Environmental Quality Act ('ICEQA") ;
THEREFORE, it is mutually agreed and understood as
f 01 lows :
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,
authority, qnd legal responsibilities:
its
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 0f.a Endangered Species Management
Permit under and in accordance with Section 2081 o
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
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 on1
in an individual advisory capacity and shall not bind
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" City of C
t
by :
Date:
"FIELDSTONE" The Fieldstone Company
by :
Date:
"DFG" California Department of Fish and Gal
by : Id A- sw 1
8- 3- 7) Date:
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August 20, 1991
City of Carlsbad P
City Council
1300 Carlsbad Village Drive
Carlsbad, CA 92009
Dear Mayor and City Councilpersons:
PRGJECT FUTURE wishes to go on record as opposing the MOA betwee
state and national resource agencies, the city, and the Field
stone Company, "Regarding City of Carlsbad Coastal Sage Scru
Bab i tat Program. "
This agreement, while appearing to be forward-looking ar
environmentally beneficial, would actually, in the future , all<
the "taking" of an entiangered specie. (page 7 of the EOR) Suc
an agreement is inconsistant ~~ith the law and the intent of tf
Endangered Specie Act, and not beneficial to citizens (
California.
The I'IUA also establishes mitigation 2reas for Carlsbad develope]
OUTSIDE the city of Carlsbad. Why would citizens of Carlsb:
wish to have their natural open space moved to a 388 acre site I
the San Pasqual Valley? (page 6 of the XOA:
Vhen tne citizens of Carlsbad ask you what happened to the:
views, do you really want to have to tell them that you had tho:
views moved to the !;an Pasqual Valley, and if Carlsbad Citizer
want to see their Coastal Sage and Chaparral, they should trc
down to San Pasqual?
PRUJXCT FPTURE believes that the City of Carlsjad should make t1
provisions of this ?iemorandum of Agreement clear to Carlsb:
citizens and advertise the conditions of this agreenent so th
citizens can taKe part in these public hearings as informed a
trusted participants.
Very truly yqurs,
Spokesperson