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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 =\ I* d L$B 2 eE eE 2 .. z 0 6 s 8 a z 3 ClTrOF CARLSBAD - AGENWILL /’ . AB#-- Tu MEMORANDUM OF AGREEMENT BETWEEN THE DEPT. PLN DE’ CIT CIT 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. I e 0 -, 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 *. L* 1 2 3 4 5 6 7 8 9 10 11 12 13 I.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 I 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 ( I Carlsbad, California, as follows: 1. That the above recitations are true and correct. .- 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 l6 17 18 19 0 0 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) i 21 22 23 24 25 26 27 28 I 2. P -. 0 0 e< 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" ) ; -1- 0' e 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 -2- 0 e 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. -3- * 0 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. -4- 0 e t, ' 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: -5- rl) e b -\ 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