COACHELLA VALLEY CONSERVATION COMMISSION

Transcription

1 COACHELLA VALLEY CONSERVATION COMMISSION Thursday, March 10, :00 a.m. CVAG Offices Fred Waring Drive, Suite 119 Palm Desert, CA (760) THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA. 1. CALL TO ORDER (Chair Richard W. Kite, Mayor, City of Rancho Mirage) 2. ROLL CALL A. Member Roster P PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS This is the time and place for any person wishing to address the Coachella Valley Conservation Commission to do so. 5. COMMITTEE MEMBER/DIRECTOR COMMENTS

2 6. CONSENT CALENDAR A. Approval of the January 13, 2011 Coachella Valley Conservation Commission Minutes P. 5 Recommendation: Approve. B. Resolution : Accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains - Bill Havert P. 10 Recommendation: Approve Resolution to accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains, and authorize the Executive Director or Chair to sign such documents and take such actions as necessary to effect the conveyance. C. Support for Coachella Valley Mountains Conservancy Funding in State Water Bond SB2 Katie Barrows P. 16 Recommendation: Encourage Support for Inclusion of Coachella Valley Mountains Conservancy in any future State Water Bond and authorize the Chair or Executive Director to contact local legislators requesting their support and to sign a letter of support if necessary. D. Receive and File 1) Exclusion of the Coachella Valley Multiple Species Habitat Conservation from the Desert Renewable Energy Conservation Plan Area P. 17 2) Report on Contracts Under $25,000 (Contract Augmentation of $3,000 with Willdan) P. 21 3) CVCC Attendance Roster P DISCUSSION / ACTION A. Receive and File Audited Financial Report, Single Audit Report on Federal Awards, Statement on Auditing Standards (SAS) 114 Letter and Management Letter for Fiscal Year 2009/10 Gary Leong P. 24 Recommendation: Receive and File the Reports for Fiscal Year 2009/10. B. Resolution : Approve purchase of 8.08 acres from Amr & Jera Hassanein Bill Havert P. 29 Recommendation: Approve Resolution authorizing the purchase of 8.08 acres from Amr & Jera Hassanein for the purchase price of $50,000 and transaction costs not expected to exceed $1,500. 2

3 C. Resolution : Accept donation of acre parcel from Kristine Moore/Charles Hollenbeck/Shelley Hollenbeck Bill Havert P. 33 Recommendation: Approve Resolution authorizing acceptance of the donation of the acre parcel and payment of transaction costs not expected to exceed $1,575. D. CVMSHCP Major Amendment Update Katie Barrows Staff will provide an oral update. E. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee - Jim Sullivan The staff report will be provided under separate cover. 8. CLOSED SESSION A. Conference with Real Property Negotiators (Government Code ) Assessors Parcel Numbers incorporated on separate attachment P ANNOUNCEMENTS A. Next Scheduled Meeting: Coachella Valley Conservation Commission Thursday, April 14, 2011, 11:00 a.m. The meeting will take place at Fred Waring Drive, Suite 119, Palm Desert. 3

4 Item 2A Coachella Valley Conservation Commission Member Roster Coachella Valley Conservation Members JURISDICTION MEMBER City of Cathedral City Mayor Kathleen DeRosa City of Coachella Councilmember Emmanuel Martinez City of Desert Hot Springs Mayor Yvonne Parks City of Indian Wells Councilmember Bill Powers City of Indio Councilmember Michael Wilson, Vice Chair City of La Quinta Councilmember Stanley Sniff City of Palm Desert Councilmember Cindy Finerty City of Palm Springs Councilmember Chris Mills City of Rancho Mirage Mayor Richard W. Kite, Chair County of Riverside, 1st District Supervisor Bob Buster County of Riverside, 2 nd District Councilmember Terry Henderson (for Supervisor John Tavaglione) County of Riverside, 3 rd District Supervisor Jeff Stone County of Riverside, 4 th District Supervisor John J. Benoit County of Riverside, 5 th District Supervisor Marion Ashley Coachella Valley Water District Board Member Corky Larson Imperial Irrigation District Board Member Anthony Sanchez Staff Tom Kirk, Executive Director Katie Barrows, Director of Environmental Resources Jim Sullivan, GIS Program Director Gary Leong, Director of Administrative Services Linda Rogers, Program Assistant II

5 Item 6A Coachella Valley Conservation Commission Meeting Minutes January 13, 2011 The audio file for this committee can be found at: 1. CALL TO ORDER The meeting of the Coachella Valley Conservation Commission ( CVCC ) was called to order by Chair Richard W. Kite at 11:03 a.m. on January 13, Chair Kite welcomed Councilmember Michael Wilson, who is the City of Indio s newly appointed representative to the Coachella Valley Conservation Commission. 2. ROLL CALL Roll call was taken and it was determined that a quorum was present. Members Present Mayor Kathleen DeRosa Mayor Yvonne Parks Councilmember Michael Wilson Councilmember Stanley Sniff Councilmember Cindy Finerty Councilmember Chris Mills Mayor Richard W. Kite Councilmember Terry Henderson (Alternate for Supervisor Tavaglione) Larry Ward, Assessor-County Clerk- Recorder (Alternate for Supervisor Stone) Supervisor John J. Benoit Supervisor Marion Ashley Board Member Corky Larson Members Absent Mayor Eduardo Garcia Board Member Anthony Sanchez Councilmember Bill Powers Others Present Bud Kopp Barry R. Busch Bill Havert Ken Waxlax Fred Bell James Brownyard Kay Hazen Sharalee Sniff Agency City of Cathedral City City of Desert Hot Springs (non-voting) City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage County of Riverside 2 nd District County of Riverside 3 rd District County of Riverside 4 th District County of Riverside 5 th District Coachella Valley Water District City of Coachella Imperial Irrigation District City of Indian Wells City of Rancho Mirage Riverside County Coachella Valley Mountains Conservancy Peter Murray & Associates Noble and Co. Desert Valleys Builders Association Kaiser Ventures Visitor

6 CVAG Staff Tom Kirk, Executive Director Katie Barrows, Director of Environmental Resources Gary Leong, Director of Administrative Services Jim Sullivan, GIS Program Director Linda Rogers, Program Assistant II 3. PLEDGE OF ALLEGIANCE Chair Richard W. Kite led in the Pledge of Allegiance. 4. PUBLIC COMMENTS None. 5. COMMITTEE MEMBER/ DIRECTOR COMMENTS Tom Kirk announced that yesterday staff received notice that CVCC s grant request for a $300,000 CalTrans Environmental Enhancement Mitigation Grant has been recommended for approval. If approved, the grant funding would be used to purchase property later in the spring. Tom Kirk also indicated that a new gate will be installed on the upper Bump and Grind Trail. Supervisor Benoit and Assessor-County Clerk-Recorder Larry Ward introduced two students from Palm Desert High School that were participating in the Youth in Government Day. Shadowing Supervisor Benoit for the day was Noah Lax and shadowing Mr. Ward was Michael Tseng. 6. CONSENT CALENDAR Item 6B was pulled from the Consent Calendar at the request of Board Member Larson. Approval IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY BOARD MEMBER LARSON TO: A. Approve the November 4, 2010 Coachella Valley Conservation Commission Minutes. B. Approve CVCC Policy Number adopting a Conflict of Interest Code for the CVCC This item was pulled from the Consent Calendar for further discussion. C. Authorize continued engagement with Best, Best and Krieger to provide legal services for MSHCP implementation for an amount not to exceed $75,000 Coachella Valley Conservation Commission 2 Minutes

7 D. Approve a letter to Senator Dianne Feinstein supporting funding for the Cooperative Endangered Species Habitat Conservation Fund and authorize the chair to sign the letter. THE MOTION CARRIED WITH THREE ABSTENTIONS FROM THE COUNTY OF RIVERSIDE 3 RD, 4 TH, AND 5 TH DISTRICTS ON ITEM 6C. Item 6B was pulled from the Consent Calendar for further discussion. Board Member Larson requested staff to check and see if the proper title was referenced in the second paragraph of the Policy where the California Administrative Code Section was cited. Katie Barrows indicated that staff would check with CVCC s legal counsel to verify that the Code cited was correct. Tom Kirk added that with the CVCC s concurrence that this item be approved subject to legal review and potential minor modification. Board Member Larson concurred adding that after legal review of the policy, that it be approved by the Chair. THE MOTION CARRIED WITH RESPECT TO ITEM 6B, CVCC POLICY 11-01, SUBJECT TO LEGAL REVIEW, AND POTENTIAL MINOR MODIFICATION, AND THAT THE POLICY BE APPROVED BY THE CVCC CHAIR. E. Receive and File 1) Quarterly Unaudited Financial Statements as at December 31, ) CVCC s Investment Report as at December 31, ) CVCC Attendance Roster Items E1 E3 were received and filed. 7. DISCUSSION/ACTION A. Election of Vice Chair for FY 2010/11 Nominations were opened for Vice Chair. Nominees were Board Member Larson, who declined the nomination, and Councilmember Michael Wilson. Councilmember Wilson indicated he would be happy to serve as the Vice Chair. IT WAS MOVED BY BOARD MEMBER LARSON AND SECONDED BY SUPERVISOR ASHLEY TO NOMINATE COUNCILMEMBER MICHAEL WILSON, CITY OF INDIO, AS VICE CHAIR. NOMINATIONS WERE THEN CLOSED. THE MOTION CARRIED. B. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee A discussion ensued regarding a tentative meeting on February 10 th, but this will depend on meetings with the building industry and stakeholders. If the Commission is agreeable, a tentative meeting date for February 10 th will be set, but CVCC members will be notified two weeks prior to the meeting. The CVCC s next regularly scheduled meeting will be on March 10 th. Coachella Valley Conservation Commission 3 Minutes

8 IT WAS MOVED BY COUNCILMEMBER HENDERSON AND SECONDED BY COUNCILMEMBER SNIFF TO CONTINUE THIS ITEM UNTIL THE MEETING OF FEBRUARY 10, 2011, OR TO MARCH 10, 2011 IF NO FEBRUARY MEETING IS HELD. THE MOTION CARRIED. C. Resolutions through for acquisition of 13 Parcels totaling acres IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY SUPERVISOR ASHLEY TO APPROVE RESOLUTIONS THROUGH AUTHORIZING ACQUISITION OF THIRTEEN PARCELS FOR APPROXIMATELY $961,000. THE MOTION CARRIED. D. Acceptance of three donation properties totaling acres by Resolutions , , and Board Member Larson commented on the slight difference of transaction costs $3,000 on the Agenda recommendation and $3,150 on the staff report. Ms. Larson requested that the amounts cited on the Agenda and staff report be consistent. Ms. Larson added that the language under fiscal analysis be reworded with respect to transaction costs. Finally, that contract finalization be amended to read: Minor changes/revisions may be made for clarification purposes by CVAG Executive Director and Legal Counsel prior to execution upon review by the CVCC Chair. It was moved by Councilmember Henderson and seconded by Board Member Larson to approve Resolutions , , and authorizing acceptance of the donation of the subject parcels, payment of transaction costs not expected to exceed $3,000 and, if appropriate, authorizing payment for a plaque or similar token of appreciation for the donors in an amount not to exceed $75 each; and amend Contract Finalization to include review by the CVCC Chair. E. Approve Resolution , 2010 to purchase tax default parcels from the Riverside County Treasurer-Tax Collector ( 2010 Tax Default Parcels ) IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY BOARD MEMBER LARSON TO APPROVE RESOLUTION AUTHORIZING OBJECTION TO PUBLIC SALE AND ACCEPTANCE OF TAX DEFAULT PARCELS. THE MOTION CARRIED. F. Letter to Renewable Energy Action Team regarding Desert Renewable Energy Conservation Plan Supervisor Benoit commented that he reviewed the letter with County Counsel and made some suggested changes to the first paragraph. Supervisor Benoit added that with the amended changes that he was in full support of the letter. Further discussion ensued. Coachella Valley Conservation Commission 4 Minutes

9 IT WAS MOVED BY SUPERVISOR BENOIT AND SECONDED BY MAYOR DEROSA TO AMEND THE FIRST PARAGRAPH OF THE LETTER TO PROVIDE AN EXPLANATION REGARDING OUR CONCERNS WITH THE DRECP STATING THAT THE CVMSHCP ALONG WITH WESTERN RIVERSIDE S MSHCP BE EXCLUDED FROM THE DRECP AREA, AND AUTHORIZE THE CHAIR TO SIGN THE AMENDED LETTER. 8. ANNOUNCEMENTS A. CVCC 2011 Meeting Schedule January 13; March 10; April 14; June 9; July 14; Sept. 8; and, Nov. 10. *Meetings in February, May and October have been eliminated by the CVCC unless a meeting is deemed necessary and with advance notification to CVCC members and appropriate public notice. Next Scheduled Meeting: There was some discussion regarding meeting on February 10, 2011 to address the Mitigation Fee issue. Members were requested to hold February 10 th as a tentative date on their calendars. CVCC members were advised that an would be distributed to them advising them whether or not the meeting would be held. Coachella Valley Conservation Commission Thursday, March 10, 2011, 11:00 a.m. The meeting will take place at Fred Waring Drive, Suite 119, Palm Desert. The meeting was adjourned. Submitted by, Linda Rogers Linda Rogers Program Assistant II Coachella Valley Conservation Commission 5 Minutes

10 Item 6B Coachella Valley Conservation Commission March 10, 2011 Staff Report Subject: Contact: Resolution : Accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy RECOMMENDATION: Approve Resolution to accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains, and authorize the Executive Director or Chair to sign such documents and take such actions as necessary to effect the conveyance. BACKGROUND: The Friends of the Desert Mountains (Friends) is offering 41 parcels valued at $2,517, by appraisal, located in the Stubbe/Cottonwood Canyon, Upper Mission Creek, and Thousand Palms Conservations Areas; total acreage is approximately acres. The parcels include APNs , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Upon taking title, CVCC will assume management responsibility for the parcels pursuant to the CV MSHCP. The conveyance of these parcels provides another significant benefit to CVCC. CVCC can use the value of these parcels as a match for Section 6 Cooperative Endangered Species Conservation Fund grant projects. There is currently approximately $5.5 million in federal Section 6 grant funds available for acquisition; the transfer of these parcels as a donation to CVCC will provide the necessary match. USFWS and CDFG are optimistic that additional Section 6 grant funds may be approved in the coming year. These would also require a match. CVCC will incur some costs associated with the conveyance, primarily the cost to clean up illegal dumping on the parcels. CVCC may wish to defer the clean-up of some or all of the parcels until fencing and gating can be installed to prevent future dumping. The CVMSHCP Budget for the current fiscal year adopted in July 2010 includes funds for fencing and gating. Under this scenario, CVCC would accept title to the property and reserve the funds needed for the clean-up until CVCC can plan and obtain bids for the installation of fencing and/or gates.

11 Two maps showing the location of the parcels to be conveyed are attached. FISCAL ANALYSIS: The total cost for clean-up and potential miscellaneous transaction costs will not exceed $25,000. Such costs would be paid for from the land acquisition fund (Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation).

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14 Resolution No: A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACCEPTANCE OF APNs , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , FROM THE FRIENDS OF THE DESERT MOUNTAINS WHEREAS, the Coachella Valley Conservation Commission ( Commission ) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA ); and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ( Plan ); and WHEREAS, APNs , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , were acquired by the Friends of the Desert Mountains (FODM) in the Stubbe/Cottonwood Canyon, Upper Mission Creek, and Thousand Palms Conservation areas prior to completion of the Plan; and WHEREAS, FODM now desires to convey these parcels to CVCC; and WHEREAS, acceptance of the above described property would provide $2,517, dollars in in-kind match for Section 6 Cooperative Endangered Species Conservation Fund grant funds; NOW, THEREFORE, be it resolved that the Commission approves acceptance of said parcels and the expenditure of a not to exceed amount of $25,000 for clean-up and transaction costs; and FURTHER, the Commission hereby authorizes the Executive Director to execute all documents that may be necessary to effect the conveyance of this property from FODM to CVCC. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of March, APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

15 Exhibit A Description of Real Property to be Acquired The below provides general information about the parcels. Actual legal descriptions will be prepared as part of the conveyance process. APN Acres

16 Item 6C Coachella Valley Conservation Commission March 10, 2011 Staff Report Subject: Contact: Support for Coachella Valley Mountains Conservancy Funding in State Water Bond SB2 Katie Barrows, Director of Environmental Resources RECOMMENDATION: Encourage Support for Inclusion of Coachella Valley Mountains Conservancy in any future State Water Bond and authorize the Chair or Executive Director to contact local legislators requesting their support and to sign a letter of support if necessary. BACKGROUND: State funding for conservation projects including habitat conservation is often provided through statewide bond measures approved by the voters. The Coachella Valley Mountains Conservancy (CVMC) currently funds acquisition of open space lands including MSHCP lands through funds from Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act which was approved by voters in Last year, an $11 billion State Water Bond was originally proposed for the November 2010 ballot. However, due to the economic slump, state lawmakers pulled the initiative from the November ballot and put it off until the 2012 election.the proposed Water Bond included funding for water supply, storage, conservation, sustainability and remediation projects and programs throughout the state. The 2010 Water Bond included funding for all of the state conservancies except the Coachella Valley Mountains Conservancy. Now is a good time to encourage our local legislators to support inclusion of the Coachella Valley Mountains Conservancy in any future water bond to fund conservation and watershed protection. Allocation of bond funds to the Coachella Valley Mountains Conservancy has been a major benefit to the implementation of the CVMSHCP by providing funds to help meet the state s commitment to the land acquisition program. While there is still considerable uncertainty about when, or if, the legislature might reconsider a new water bond, there has been some indication that a legislator may plan to introduce a bill to amend the water bond proposal this year. The request is for the CVCC to authorize staff and the Chair to approach our local state legislators to request their support to ensure that CVMC is given parity with the other state conservancies in any future water bond. In the 2010 Water Bond the Santa Monica Mountains Conservancy and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy were included for $75 million each; the territory of each of these conservancies is roughly equivalent in size with CVMC s territory. Funding for other state conservancies ranged from $20 million for Baldwin Hills Conservancy to $310 million for the Coastal Conservancy. When CVMC s Proposition 84 funds are exhausted, there is very little prospect in the foreseeable future for a new state bond measure other than the water bond to provide a new source of habitat acquisition funding to CVMC. It is appropriate for CVCC to support ongoing efforts to get CVMC included in any future water bond measure should it go on the 2012 ballot. FISCAL ANALYSIS: Information only

17 Item 6D.1 Coachella Valley Conservation Commission March 10, 2011 Staff Report Subject: Contact: Exclusion of the Coachella Valley Multiple Species Habitat Conservation Plan from the Desert Renewable Energy Conservation Plan area Katie Barrows, Director of Environmental Resources RECOMMENDATION: Receive and file. BACKGROUND: At the January 2011 meeting, the CVCC authorized the Chair to sign a letter regarding CVCC s request to have the CVMSHCP area removed from the Desert Renewable Energy Conservation Plan (DRECP) boundary. The DRECP is a large state/federal planning effort to provide for appropriate development of renewable energy projects while ensuring conservation of desert ecosystems throughout the desert area of California. The final letter is attached for your review. The letter was sent to the DRECP Executive Director and the members of the Renewable Energy Action Team (REAT) which oversees the DRECP. In early February, CVCC staff received an notice from DRECP Executive Director Dave Harlow that they would be making revisions to the DRECP Plan Area boundary. At the February 16, 2011 DRECP Stakeholder Committee meeting in Ontario, a revised DRECP Plan Area map was presented, excluding the CVMSHCP entirely. This boundary change was posted to the DRECP website on February 15 and took effect immediately. Also removed were small areas of the Western Riverside Multiple Species Habitat Conservation Plan that had been included in the DRECP boundary. Assemblyman Nestande and Senator Emmerson announced on February 8, 2011 the introduction of AB 284 which would... exclude any area covered by the Coachella Valley Multiple Species Habitat Conservation Plan from the Desert Renewable Energy Conservation Plan. The legislation was proposed prior to the information from the DRECP staff about possible removal of the CVMSCP. Given the decision by the DRECP Team to exclude the CVMSHCP, we have advised Assemblyman Nestande s office that the legislation is not necessary. A letter of appreciation for their efforts on this matter will be sent to both Assemblyman Nestande and Senator Emmerson The CVCC letter to the DRECP team also requested coordination to ensure that activities including renewable energy development under the DRECP will not impact the ability of the CVCC and our partners to meet the CVMSHCP conservation goals and objectives. While our plan has been removed from the DRECP Plan Area, CVCC staff will continue to stay in contact with the DRECP team to coordinate on issues of mutual interest. A DRECP representative will be making a presentation about the Desert Renewable Energy Conservation Plan at the Renewable Energy Roundtable on March 17, 2010 at 10 am at UCR Palm Desert. FISCAL ANALYSIS: Information only

18 Utah Nevada Arizona Z:\Projects\CEC\j6668_DRECP\MAPDOC\MAPS\HCP_Figs\Figure_1_1_DRECP_Regional_Mapt.mxd 2/8/2011 February 8, Miles P a c i f i c O c e a n Sources: Sources: CEC (2010), USGS (2010), ESRI (2010) DESERT RENEWABLE ENERGY CONSERVATION PLAN Mexico FIGURE 1-1 Regional Map

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21 Item 6D.2 Coachella Valley Conservation Commission March 10, 2011 Staff Report Subject: Report on Contracts under $25,000 Contact: Jim Sullivan, GIS Program Director Recommendation: Receive and file this report. Background: A contract augmentation not to exceed $3,000 was made to Willdan Financial Services for assistance with responding to comments from the Desert Valleys Builders Association and finalizing the Fee Nexus Study. Fiscal Analysis: A cost not to exceed $3,000 funded from the Land Acquisition program.

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23 COACHELLA VALLEY CONSERVATION COMMISSION Attendance Roster Item 6D.3 Jurisdictions/Permittees Present CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE COUNTY OF RIVERSIDE - 2nd Dist. COUNTY OF RIVERSIDE - 3rd Dist. COUNTY OF RIVERSIDE - 4th Dist. COUNTY OF RIVERSIDE - 5th Dist. COACHELLA VALLEY WATER DIST IMPERIAL IRRIGATION DISTRICT Calendar Year 2011 Jan Mar Apr June Jul Sept Nov X X X X X X X X X X X X * CVCC meetings go dark in August and December. ** The CVCC did not meet in February X = Elected member in attendance = Member Absent 3/2/2011

24 Item 7.A Staff Report Subject: Contact: Receive and File Audited Financial Report, Single Audit Report on Federal Awards, Statement on Auditing Standards (SAS) 114 Letter and Management Letter for Fiscal Year 2009/10 Gary Leong, Director of Administrative Services Recommendation: Receive and File the Reports for Fiscal Year 2009/10 Background: The accounting firm of Mayer Hoffman McCann P.C. performed the annual audit on CVCC and issued an unqualified audit opinion. The auditors did not detect any material weaknesses or significant deficiencies in internal controls and there were no material audit adjustments detected by the audit process. Jennifer Farr, a shareholder of Mayer Hoffman McCann PC, will be in attendance at the meeting to present the reports and to receive any questions or comments regarding the audit. CVCC s Finance Committee, excluding Ms. Amy Ammons, who has retired from Coachella Valley Water District, met on February 22 nd to review the draft audited financial reports and the letters and was satisfied with them. The Comprehensive Annual Audited Financial Report and the Single Audit Report are available on CVAG s website ( Fiscal Analysis: No financial impact.

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29 Item 7B Coachella Valley Conservation Commission March 10, 2011 Staff Report Subject: Contact: Resolution : Approve purchase of 8.08 acres from Amr & Jera Hassanein Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy Recommendation: Approve Resolution authorizing the purchase of 8.08 acres from Amr & Jera Hassanein for the purchase price of $50,000 and transaction costs not expected to exceed $1,500. Background: The owners of these parcels in the Upper Mission Creek/Big Morongo Canyon Conservation Area (see attached map) have accepted an offer at the CVCC s appraised value. The offer was contingent upon: (1) approval by the CVCC; (2) a site inspection s demonstrating that there are no hazardous materials or hazardous conditions on the property, or, if clean-up is required that Seller will effect the clean-up; and (3) Seller s ability to provide to Buyer an owner's policy of title insurance, in the amount of the total purchase price, evidencing Seller can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by Buyer, together with unrestricted access. If CVCC approves the purchase of the parcels today, the purchase would remain subject to contingencies 2 and 3. CVMC staff will inspect the property and determine if any clean-up is required before contingency 2 can be removed. CVMC staff will also order a Preliminary Title Report for the property to enable the CVCC Executive Director to determine if contingency 3 can be removed by close of escrow. FISCAL ANALYSIS: A cost of $50,000 for the purchase price and an additional amount not expected to exceed $1,500 for closing costs, funded from the Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation.

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31 Resolution No: A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APNs and WHEREAS, the Coachella Valley Conservation Commission ( Commission ) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA ); and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ( Plan ); and WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and WHEREAS, APNs and , comprising approximately 8.06 acres, as further described in Exhibit A, are within the Upper Mission Creek/Big Morongo Canyon Conservation Area of the Plan, and were appraised by the Commission; and WHEREAS, the owner has accepted a contingent offer for CVCC to purchase the property at the market value determined by the appraisal; and WHEREAS, acquisition of the above described property would advance the goals and objectives of the Plan; NOW, THEREFORE, be it resolved that the Commission approves the purchase of said parcels at a purchase price of $50,000.00, plus closing costs estimated not to exceed $1,500 to be paid by the Commission; and FURTHER, the Commission hereby authorizes the Executive Director to execute Escrow Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other documents that may be necessary to effect the acquisition of this property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of March, APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

32 Exhibit A Description of Real Property to be Acquired The following is a draft legal description of APN The final legal description will be prepared by the title com 3.08 ACRES M/L IN A PORTION OF PARCEL 3, RECORD OF SURVEY 040/030 IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

33 Item 7C Staff Report Subject: Contact: Resolution : Accept donation of acre parcel from Kristine Moore/Charles Hollenbeck/Shelley Hollenbeck Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy Recommendation: Approve Resolution authorizing acceptance of the donation of the acre parcel and payment of transaction costs not expected to exceed $1,575 Background: (See attached map.) The owner of acres located in the Dos Palmas Conservation Area, APN , has offered to donate the property to the CVCC. The offer is contingent upon CVCC's paying the transaction costs (escrow fees, title insurance, etc.) so that the donor would not have out-of-pocket expenses. The transaction costs are estimated to be under $1,500. The value of the property is considered to be at least $20,000. Mitigation credit for the donation would accrue to CVCC. Acceptance of the donation should be contingent upon the title report's evidencing that Donor can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by CVCC. The estimated cost of this transaction includes the purchase of a plaque or similar token of appreciation for the donors in an amount not to exceed $75 each. FISCAL ANALYSIS: A cost not to exceed $1,575 funded from the Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation.

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35 Resolution No: A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACCEPTANCE OF DONATION OF APN WHEREAS, the Coachella Valley Conservation Commission ( Commission ) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA ); and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ( Plan ); and WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and WHEREAS, APN , comprising approximately acres, as further described in Exhibit A, is within the Dos Palmas Conservation Area of the Plan,; and WHEREAS, the owner has offered to donate the parcel contingent upon the Commission s paying all transaction costs; and WHEREAS, acceptance of the above described property would advance the goals and objectives of the Plan; NOW, THEREFORE, be it resolved that the Commission approves the acceptance of the property and payment of the costs associated with the transaction not to exceed $1,575.00; and FURTHER, the Commission hereby authorizes the Executive Director to execute Escrow Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other documents that may be necessary to effect the acquisition of this property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of March APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

36 Exhibit A Description of Real Property to be Acquired The following is a draft legal description of APN The final legal description will be prepared by the title company acres M/L comprising the northwest quarter of the northwest quarter of Section 7, Township 8 South, Range 12 East.

37 Item 8.A 8. CLOSED SESSION A. Conference with Real Property Negotiators (Government Code ) Property: Assessors Parcel Number Negotiating parties: Juan Gastelum Property: Assessors Parcel Number Negotiating parties: Gastavo Diaz Property: Assessors Parcel Number Negotiating parties: Howard Golden Property: Assessors Parcel Number , Negotiating parties: Dennis L Stieber Property: Assessors Parcel Number Negotiating parties: Reynaldo Quiroz Property: Assessors Parcel Number , , , and Negotiating parties: Joan L Flynn Property: Assessors Parcel Number Negotiating parties: Mario I Alvarez Property: Assessors Parcel Number Negotiating parties: Clayton E Wells Property: Assessors Parcel Number Negotiating parties: Stella A DeVito Property: Assessors Parcel Number Negotiating parties: Serafin Leon

38 Item 8.A (continued) Property: Assessors Parcel Number Negotiating parties: Cyla Tarre Property: Assessors Parcel Number Negotiating parties: Sassoon J Ezra Property: Assessors Parcel Number Negotiating parties: Joseph Silverstein Property: Assessors Parcel Number Negotiating parties: Armando Aguilera Property: Assessors Parcel Number Negotiating parties: Michael S Leone Property: Assessors Parcel Number Negotiating parties: Bladimiro Valdez Property: Assessors Parcel Number Negotiating parties: Eva G Buckland Property: Assessors Parcel Number Negotiating parties: Steve F Garcia Property: Assessors Parcel Number Negotiating parties: Eusebio G Hernandez Property: Assessors Parcel Number Negotiating parties: Lyons Barbara M Gonzales Property: Assessors Parcel Number Negotiating parties: Sofia Sarofim Israel

39 Item 8.A (continued) Property: Assessors Parcel Number Negotiating parties: Mamie Ellen Kern Property: Assessors Parcel Number Negotiating parties: Kaufman Dbpp Arnold Property: Assessors Parcel Number , , , , , , , and Negotiating parties: Gary Kading Property: Assessors Parcel Number Negotiating parties: B J Stall Property: Assessors Parcel Number Negotiating parties: Darren Edward Arnaud Property: Assessors Parcel Number Negotiating parties: Mark S Gellman Property: Assessors Parcel Number and Negotiating parties: Margaret M Justice Property: Assessors Parcel Number Negotiating parties: Susan E Edgar Property: Assessors Parcel Number Negotiating parties: Nicholas Dwight Moon Property: Assessors Parcel Number Negotiating parties: Paiz

40 Property: Assessors Parcel Number and Negotiating parties: Eddie F Arugay Property: Assessors Parcel Number Negotiating parties: Arthur William Rogers Property: Assessors Parcel Number Negotiating parties: John Solomon Property: Assessors Parcel Number Negotiating parties: David B Henderson Property: Assessors Parcel Number Negotiating parties: Elias & Ramirez P Castro Property: Assessors Parcel Number Negotiating parties: J M Raines Property: Assessors Parcel Number Negotiating parties: Jack Birns Property: Assessors Parcel Number Negotiating parties: Shevlin & Shoenberger Schlecet Property: Assessors Parcel Number Negotiating parties: Ambrosio Rios Property: Assessors Parcel Number Negotiating parties: Mark Hocking Property: Assessors Parcel Number Negotiating parties: Carlos Arellano Item 8.A (continued)

41 Property: Assessors Parcel Number and Negotiating parties: Donnie Ray Brasher Property: Assessors Parcel Number and Negotiating parties: Jack Birns Property: Assessors Parcel Number Negotiating parties: Orlando Gonzales Property: Assessors Parcel Number Negotiating parties: Ronald W Burgess Property: Assessors Parcel Number Negotiating parties: Juan Pinedo Property: Assessors Parcel Number and Negotiating parties: M Raines Property: Assessors Parcel Number Negotiating parties: Alfred S Nowak Item 8.A (continued) Property: Assessors Parcel Number , , , and Negotiating parties: Rosa E Alvarez Property: Assessors Parcel Number Negotiating parties: Priscilla Escobedo Property: Assessors Parcel Number and Negotiating parties: Abbas Kouhkan

42 Item 8.A (continued) Property: Assessors Parcel Number , , , and Negotiating parties: Indigo Lakes Property: Assessors Parcel Number Negotiating parties: Shiu Hsia Chen Property: Assessors Parcel Number , , and Negotiating parties: Joseph Piccinini Property: Assessors Parcel Number Negotiating parties: Valentine Gregory Gednov Property: Assessors Parcel Number Negotiating parties: Glen Alpert Property: Assessors Parcel Number and Negotiating parties: Acre Dev Co Lee Property: Assessors Parcel Number and Negotiating parties: Jules Laurie Partnership Property: Assessors Parcel Number Negotiating parties: Husain Umar Property: Assessors Parcel Number Negotiating parties: Shari S Carruthers Property: Assessors Parcel Number Negotiating parties: Quality King Distributors Inc

43 Item 8.A (continued) Property: Assessors Parcel Number Negotiating parties: Francisco G Calleja Property: Assessors Parcel Number Negotiating parties: Eugene Cho Property: Assessors Parcel Number Negotiating parties: Kuang Wei George Wu Property: Assessors Parcel Number Negotiating parties: Joel Rettew Property: Assessors Parcel Number Negotiating parties: Nirmala Kripanarayanan Property: Assessors Parcel Number Negotiating parties: Max Y Garcia Property: Assessors Parcel Number Negotiating parties: Martin Karel Snytsheuvel Property: Assessors Parcel Number Negotiating parties: David John Bright Sr. Property: Assessors Parcel Number Negotiating parties: Ruth Marie Ramirez Property: Assessors Parcel Number Negotiating parties: Rosalio Araiza Property: Assessors Parcel Number Negotiating parties: Timothy J Slattery

44 Item 8.A (continued) Property: Assessors Parcel Number Negotiating parties: Waheed Am Alawadhi Property: Assessors Parcel Number Negotiating parties: Theodore Belzman Property: Assessors Parcel Number Negotiating parties: Ishell Linares Property: Assessors Parcel Number Negotiating parties: Joseph Njakara Property: Assessors Parcel Number Negotiating parties: Chuang-Ti Hung Md Inc Dbpp & T Property: Assessors Parcel Number , , and Negotiating parties: Lfre Property: Assessors Parcel Number Negotiating parties: Survivors Feldman Property: Assessors Parcel Number and Negotiating parties: Valerie Kay Gumbiner Enterprises Property: Assessors Parcel Number , , , , , , , , , , , , , , and Negotiating parties: Desert Valley LLC Property: Assessors Parcel Number , , and Negotiating parties: Ultimate Return Inc.

45 Item 8.A (continued) Property: Assessors Parcel Number Negotiating parties: Gary W Holtz Property: Assessors Parcel Number Negotiating parties: Peter A Zarenejad Property: Assessors Parcel Number Negotiating parties: Dave King Property: Assessors Parcel Number Negotiating parties: Miguel A. Ocampo Property: Assessors Parcel Number , ,004, and Negotiating parties: Desert Heights Development Group Palm Desert