COACHELLA VALLEY CONSERVATION COMMISSION

Transcription

1 COACHELLA VALLEY CONSERVATION COMMISSION Thursday, April 14, :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. Approve the March 10, 2011 Coachella Valley Conservation Commission Minutes P. 5 B. Approve Resolution authorizing acquisition of the subject parcels for the purchase price of $1 million, plus closing costs not to exceed $1,800 and authorizing the Executive Director to enter into such agreements as are necessary to obtain the funding sources for the acquisition. P. 10 C. Approve Resolution for authorizing acceptance of approximately 3.0 acres of APN and authorizing the Executive Director to enter into such agreements as are necessary to complete the transaction. P. 15 D. Approve Resolution in Support of Cooperative Endangered Species Fund and Land & Water Conservation Fund and authorize Chair or Executive Director to send support letters or communicate support. Authorize support letter for Infrastructure Facilitation and Habitat Conservation Act of P. 20 E. Receive and File 1) Quarterly Unaudited Financial Statements as at March 31, 2011 P. 24 2) CVCC s Investment Report as at March 31, 2011 P. 25 3) CVCC Attendance Roster P DISCUSSION / ACTION A Annual Report Katie Barrows P. 27 Recommendation: Review and Accept the 2010 Annual Report on the Coachella Valley Multiple Species Habitat Conservation Plan and Provide for Public Input. B. CVMSHCP Major Amendment Status Update Katie Barrows P. 28 Recommendation: For Information Only C. Consider Request for Proposals for Acquisitions Manager Jim Sullivan P. 30 Recommendation: 1) Authorize release of the Request for Proposals (RFP) for Acquisitions Manager; 2) Authorize a Selection Committee to review proposals; 3) Appoint a CVCC member to the Selection Committee. 2

3 D. Consider Month to Month Contract Extension with Coachella Valley Mountains Conservancy Jim Sullivan P. 32 Recommendation: Approve a month to month contract extension with the Coachella Valley Mountains Conservancy to act as Acquisitions Manager at a cost not to exceed $ per month. E. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee and Contract Amendment with Willdan Financial Services Jim Sullivan P. 41 Recommendation: 1) Adopt the findings of the Nexus Study for the Local Development Mitigation Fee in satisfaction of the requirements of the Mitigation Fee Act, and; 2) Approve the Resolution and Revised Ordinance for the Local Development Mitigation Fee and authorize staff to work with Local Permittees to adopt the Ordinance as soon as possible, and; 3) Allow changes to the Nexus Study, Revised Ordinance and Resolution in accordance with CVCC Policy by the Executive Director with the consent of the Chair; 4) Authorize the Executive Director, with the consent of the Chair, to take actions to change the acquisitions period to be consistent with the revised Nexus Study; 5) Approve Contract Amendment 4 with Willdan Financial Services to revise the Nexus Study increasing the contract total by an amount not to exceed $6, 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, June 9, 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 2011 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 March 10, 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 11:02 a.m. on March 10, ROLL CALL Roll call was taken and it was determined that a quorum was present. Members Present Mayor Kathleen DeRosa Mayor Yvonne Parks Councilmember Bill Powers Councilmember Michael Wilson, Vice Chair Councilmember Stanley Sniff Councilmember Cindy Finerty Councilmember Chris Mills Mayor Richard W. Kite, Chair Councilmember Terry Henderson (Alternate for Supervisor Tavaglione) Supervisor John J. Benoit Mayor Pro Tem Steven Hernandez (Alternate for Supervisor Ashley) Board Member Corky Larson Members Absent Supervisor Jeff Stone Councilmember Emmanuel Martinez Board Member Anthony Sanchez Others Present Steve DeBaun (on phone for Item 7E) Dan Martinez John Wohlmuth Bill Havert Carolyn Syms Luna Buford Crites Joshua Altupp Jennifer Farr Ken Waxlax Paul Nordman Agency City of Cathedral City City of Desert Hot Springs City of Indian Wells 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 4 th District County of Riverside 5 th District Coachella Valley Water District County of Riverside 3 rd District City of Coachella Imperial Irrigation District Best Best & Krieger City of Indio City of Palm Desert Coachella Valley Mountains Conservancy County of Riverside Friends of the Desert Mountains City of Rancho Mirage Mayer Hoffman McCann PC Peter Murray Associates Peter Murray Associates Coachella Valley Conservation Commission 1 Minutes

6 James Brownyard Marvin Roos Fred Bell Joan Taylor Emily Lubin John Miller Joan Proudfoot Janet Waters Susan Henry Vicki Kearney Neal Arntson Desert Valley Builders Assoc. (DVBA) Desert Valley Builders Assoc. (DVBA) Desert Valley Builders Assoc. (DVBA) Sierra Club Citizen Citizen Citizen Citizen Citizen Citizen Citizen 3. PLEDGE OF ALLEGIANCE Vice Chair Michael Wilson led in the Pledge of Allegiance. 4. PUBLIC COMMENTS John Miller, resident of Palm Desert, addressed the CVCC to comment on the opportunity for dogs on trails. Mr. Miller made a request to look at trails going into two Palm Desert parks, and the potential to consider allowing owners and their dogs to have trail access to more areas. Tom Kirk informed Mr. Miller that there is a Trails Management Subcommittee where he would be invited to attend and where those types of issues could be addressed. Linda Robinson thanked the City of Palm Desert for their work on the trails and also reiterated Mr. Miller s comment regarding allowing dogs more access on trails. Chair Kite urged residents to contact Katie Barrows for further information on the Trails Management Subcommittee. 5. COMMITTEE MEMBER/DIRECTOR COMMENTS Chair Kite welcomed John Wohlmuth, CVAG s former Executive Director, who was present at the meeting and now serving in his present position as City Manager with the City of Palm Desert. 6. CONSENT CALENDAR IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY COUNCILMEMBER FINERTY TO: A. APPROVE THE JANUARY 13, 2011 COACHELLA VALLEY CONSERVATION COMMISSION MINUTES Coachella Valley Conservation Commission 2 Minutes

7 B. 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. 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 2) Report on Contracts Under $25,000 (Contract Augmentation of $3,000 with Willdan) 3) CVCC Attendance Roster Items D1 - D3 were received and filed. 7. 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 presented an overview of the report and then introduced Jennifer Farr, a shareholder of Mayer Hoffman McCann PC. Ms. Farr discussed the audit of the Coachella Valley Conservation Commission, which received an unqualified audit opinion. An unqualified audit opinion means that the financial statements are free of material misstatements. Ms. Farr was also pleased to report that there were no findings or audit adjustments in relation to this audit. IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY COUNCILMEMBER FINERTY TO RECEIVE AND FILE THE REPORTS FOR FISCAL YEAR 2009/10. THE MOTION CARRIED. B. Resolution : Approve purchase of 8.08 acres from Amr & Jera Hassanein IT WAS MOVED BY COUNCILMEMBER HENDERSON AND SECONDED BY COUNCILMEMBER FINERTY TO 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. THE MOTION CARRIED. Coachella Valley Conservation Commission 3 Minutes

8 C. Resolution : Accept donation of acre parcel from Kristine Moore/Charles Hollenbeck/Shelley Hollenbeck IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY MAYOR PRO TEM STEVEN HERNANDEZ TO APPROVE RESOLUTION AUTHORIZING ACCEPTANCE OF THE DONATION OF THE ACRE PARCEL AND PAYMENT OF TRANSACTION COSTS NOT EXPECTED TO EXCEED $1,575. THE MOTION CARRIED. D. CVMSHCP Major Amendment Update IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY COUNCILMEMBER WILSON TO CONTINUE THIS ITEM TO THE NEXT MEETING ON APRIL 14, THE MOTION CARRIED. E. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee (LDMF) Chair Kite stated this item was continued from the January 13, 2011 meeting. Chair Kite outlined the format he would follow for addressing this item. Steve DeBaun, CVCC counsel with Best, Best & Krieger joined the meeting via teleconference for this item only. Public comments were heard from Joan Taylor, Sierra Club; Fred Bell, Desert Valleys Builders Association (DVBA); and Buford Crites, Friends of the Desert Mountains. After considerable discussion and several alternate motions, the following substitute motion was made: IT WAS MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER SNIFF TO OFFER A SUBSTITUTE MOTION TO CONTINUE THIS ITEM FOR 30 DAYS OR UNTIL THE NEXT SCHEDULED MEETING WHICHEVER COMES FIRST. THE SUBSTITUTE MOTION CARRIED. 8. CLOSED SESSION A. Conference with Real Property Negotiators (Government Code ) At the request of the Chair, the Closed Session was continued for the next meeting on April 14, Coachella Valley Conservation Commission 4 Minutes

9 9. 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. The meeting adjourned at 1:15 p.m. Respectfully submitted, Linda Rogers Linda Rogers Program Assistant II Coachella Valley Conservation Commission 5 Minutes

10 ITEM 6B Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: Resolution : Acquire Two Parcels totaling acres Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy RECOMMENDATION: Approve Resolution authorizing acquisition of the subject parcels for the purchase price of $1 million, plus closing costs not to exceed $1,800 and authorizing the Executive Director to enter into such agreements as are necessary to obtain the funding sources for the acquisition. BACKGROUND: The subject parcels, APNs and (Gabison-Etziony), total approximately 70.0 acres in the unincorporated area of the Thousand Palms Conservation Area. The parcels are in a fluvial sand transport process area essential for the long-term viability of the Coachella Valley Preserve area. Map 1 showing the location of the parcels to be acquired is attached. The purchase price is $1,000,000, plus closing costs which should not exceed $1,800. The final statement of costs will be approved by the Acquisitions Manager (AM) before the request for CVCC funds to be deposited in escrow is made. No acquisition funds will be required from CVCC; however, CVCC would provide funds for closing costs. Part of the funding for the purchase price is $300,000 from an Environmental Enhancement and Mitigation Program (EEMP) grant received by CVCC. The EEMP grant funds will provide the required match for $700,000 from the Wildlife Conservation Board (WCB) from either the federal Section 6 Cooperative Endangered Species Conservation Fund or State bond funds granted to CVCC. It is anticipated that WCB will consider the Subgrant of Section 6 funds or a Grant of State Bond Funds at its May 2011 meeting and contingency (a) below would then be removed. The offer is contingent upon the following: (a) Approval of specific project allocations of the federal Cooperative Endangered Species Conservation Fund or state bond funds by the Wildlife Conservation Board at its May 2011 meeting. (b) 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. (c) A site inspection conducted by or on behalf of Buyer demonstrating that there are no hazardous materials or hazardous conditions on the property. (d) All debris and personal property shall be removed by close of escrow.

11 If CVCC approves the purchase today, CVMC staff will obtain a Preliminary Title Report from the title company to determine if contingency (b) can be removed by close of escrow. CVMC staff will also inspect the property to determine if contingencies (c) and (d) can be removed. FISCAL ANALYSIS: A total cost of $1,000,000 for the purchase price and an additional amount not expected to exceed $1,800 for closing costs. CVCC is responsible only for the closing costs, the funds for which would come from the land acquisition fund.

12 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 acres, as further described in Exhibit A, is within the Thousand Palms Conservation Area of the Plan, and was appraised by the Commission; and WHEREAS, the owner has accepted a contingent offer for the Commission 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 $1,000,000.00, with funds to be provided to the Commission through a $300, Environmental Enhancement and Mitigation Program (EEMP) grant and $700, in matching funds which will be funded through either a Subgrant of federal Section 6 Cooperative Endangered Species Conservation Fund money or State bond funds from the Wildlife Conservation Board, plus closing costs estimated not to exceed $1,800 to be paid by the Commission; and FURTHER, be it resolved that the Commission approves either a Subgrant agreement with the Wildlife Conservation Board or a similar Grant Agreement with the Wildlife Conservation Board if state bond funds are used ; 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 14th day of April, APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

13 Exhibit A The following is a draft legal description of APN and The final legal description will be prepared by the title company ACRES M/L IN PORTION OF THE SOUTHEAST ¼ OF SECTION 06, TOWNSHIP 4 SOUTH, RANGE 6 EAST. APN ACRES M/L IN PORTION OF THE SOUTHEAST ¼ OF SECTION 06, TOWNSHIP 4 SOUTH, RANGE 6 EAST. APN

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15 ITEM 6C Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: Resolution : Accept a portion of a parcel totaling 3 acres Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy (cvmcbill@verizon.net) RECOMMENDATION: Approve Resolution authorizing acceptance of approximately 3.0 acres of APN and authorizing the Executive Director to enter into such agreements as are necessary to complete the transaction. BACKGROUND: The subject parcel, APN , is approximately 5.0 acres and is located in the unincorporated area of the Thousand Palms Conservation Area along Vista Chino Avenue. It has a Light Industrial land use designation. The owners of the property wish to use approximately 2.0 acres of the property for a storage yard, and they have agreed to dedicate approximately 3.0 acres to CVCC as mitigation. The dedication of these 3 acres is a condition of approval by Riverside County; it is related to a code compliance action which required mitigation. The property is within the vital fluvial sand transport process area in Sections 7 and 8, essential for the long-term viability of the original sand dune habitat in the Coachella Valley Preserve area. The attached map shows the location of the parcel and the area to be dedicated. The property owner will be responsible for all transaction costs. No acquisition funds will be required from CVCC. Acceptance of the dedication is contingent upon the following: (a) Grantor s ability to provide an owner's policy of title insurance, in the amount of the total purchase price, evidencing that Grantor 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, together with unrestricted access. (b) A site inspection conducted by or on behalf of CVCC demonstrating that there are no hazardous materials or hazardous conditions on the property. (c) All debris and personal property shall be removed by close of escrow. If CVCC approves acceptance of the dedication today, CVMC staff will obtain a Preliminary Title Report from the title company to determine if contingency (a) can be removed by close of escrow. CVMC or CVCC staff will also inspect the property to determine if contingencies (b) and (c) can be removed. FISCAL ANALYSIS: There is no purchase price as this is a dedication of land. The property owner will be responsible for all closing costs as the dedication is a condition of approval for the development.

16 Resolution No: A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION 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 5.00 acres, as further described in Exhibit A, is within the Thousand Palms Conservation Area of the Plan; and WHEREAS, the owners have agreed to dedicate approximately 3.0 acres of the parcel as mitigation for developing the remainder of the property; 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 acceptance of the dedication of said property; 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 14th day of April, APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

17 Exhibit A The final legal description will be prepared by the title company.

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20 Item 6D Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: Resolution : Support of Cooperative Endangered Species Fund and Land & Water Conservation Fund and Support for HCP Loan Program Katie Barrows, Director of Environmental Resources RECOMMENDATION: Approve Resolution in Support of Cooperative Endangered Species Fund and Land & Water Conservation Fund and authorize Chair or Executive Director to send support letters or communicate support. Authorize support letter for Infrastructure Facilitation and Habitat Conservation Act of BACKGROUND: The U.S. Fish and Wildlife Service s Cooperative Endangered Species Conservation Fund (CESCF) is a major source of federal funding for land acquisitions to implement the CVMSHCP. The federal Land and Water Conservation Fund (LWCF) has funded millions in CESCF grants that have acquired more than 1,500 acres of CVMSHCP land. Two new CESCF grants for $7.5 million are pending, but would require a new appropriation from LWCF to the U.S. Fish and Wildlife Service, which administers this program. The attached Resolution expresses support for continued LWCF and CESCF funding; if approved, the resolution will be sent to local Congressional representatives. Implementation of the CVMSHCP depends on acquisition of conservation lands through cooperative partnerships with state and federal agencies. BLM and USFS have received more than $8.4 million in LWCF appropriations since 2000, with which more than 11,100 acres have been acquired in the National Monument, protecting the extraordinary view of the mountains, providing the land for a new trailhead in Palm Springs, protecting the viewshed along State Scenic Highway 74, and conserving much of the last undisturbed alluvial fans in the Coachella Valley. In addition, LWCF appropriations of over $2.5 million funded the purchase of more than 1,250 acres in the CVFTL Area of Critical Environmental Concern on the valley floor. Recently, House Resolution 1 reduced LWCF funding from $85 million nationwide to $2 million, and it appears that severe cuts for LWCF are a strong possibility. LWCF was created by Congress in 1965 as a bipartisan commitment to use revenues from offshore oil and gas leases to safeguard natural areas and provide recreation opportunities. Every year, $900 million paid by energy companies drilling for oil and gas are put into this fund, and can be used only to create and protect national parks and monuments, Wilderness areas, national forests, and national wildlife refuges from development. In the FY 2011 budget, there is $500,000 for BLM for acquisitions in our National Monument, and $1,200,000 for acquisitions in the Morongo Canyon Area of Critical Environmental Concern. For FY 2012, there is $1,200,000 for the National Monument. In the years ahead, the land acquisition grants available through LWCF and CESCF will be an essential component for meeting the conservation and permit streamlining benefits of the CVMSHCP and other MSHCPs. Despite the recent economic downturn, costs to fully implement MSHCP reserve systems remain high. The Western Riverside County Regional Conservation Authority has requested a CVCC support letter for the Infrastructure Facilitation and Habitat Conservation Act of 2011 described in the attached summary. While CVCC may never choose to use this program, a support letter is recommended to allow for the opportunity. FISCAL ANALYSIS: Information only.

21 Resolution No: A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION SUPPORTING THE LAND AND WATER CONSERVATION FUND AND THE COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 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, on behalf of the Permittees, the Commission is responsible for the acquisition of approximately 90,000 acres as its full mitigation requirement, and WHEREAS, the state and federal governments have also committed to acquire land to enhance the value of the Plan and ensure establishment of a more robust conservation system for the benefit of state and federal threatened, endangered, and rare species; and WHEREAS, one of the primary means for the federal government to ensure fulfillment of its contribution is Land and Water Conservation Fund (LWCF) appropriations to the Bureau of Land Management and the U. S. Forest Service for the acquisition of private inholdings within the Santa Rosa and San Jacinto Mountains National Monument, various Wilderness Areas, and various Areas of Critical Environmental Concern; and WHEREAS, the other primary means for the federal government to ensure fulfillment of its contribution is Section 6 Cooperative Endangered Species Conservation Fund grants to the California Department of Fish and Game for acquisitions to assist with implementation of the Plan and for recovery land acquisitions to benefit the Peninsular bighorn sheep; and WHEREAS, the LWCF is not funded from general tax revenues but rather through a portion of the revenues from federal offshore drilling fees set aside from protecting important land, water and recreation areas for all Americans; NOW, THEREFORE, be it resolved that the Commission strongly urges Congress to maintain funding for LWCF and CESCF in the FY 2011 budget and in the FY 2012 budget; and FURTHER, the Commission hereby authorizes the Chair and/or the Executive Director to communicate this support to members of Congress and the Administration as appropriate. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 14th day of April, APPROVED: Richard W. Kite Chair Tom Kirk Executive Director

22 Proposed Conservation Loan and Loan Guarantee Program Infrastructure Facilitation and Habitat Conservation Act of 2011 Problem. Rapidly-growing sunbelt communities have responded to imperatives of the Endangered Species Act and acted aggressively to protect threatened habitat through formation of multiple species habitat conservation plans (MSHCPs). MSHCPs are proving to save species and accelerate the placement of much-needed public infrastructure. Most MSHCPs raise land acquisition funds via developer contributions and fees, sales and transfer taxes, and special district assessments. Unfortunately, these revenue sources have dried up due to the housing market crash. As a result of this counter-cyclical funding mechanism, the local and regional governments that administer these MSHCPs are unable to buy land to build their habitat preserves even while unimproved land prices drop. Solution. To maintain momentum for completion of mature MSHCPs and to assure continued integration of infrastructure and habitat objectives, local and regional governments need access to low-interest, long-term federal loans and/or loan guarantees that provide ready cash for land acquisition. Funds for debt service would be derived from the same combination of sources that have so far supported local land acquisition. A RAND Study recently concluded that transportation project delivery is enhanced through reliance on the MSHCP to meet mitigation requirements. Legislation. There is ample precedent for federal support in the form of loans to states and communities that require assistance in meeting environmental goals. Two examples are EPA s Clean Water State Revolving Fund and the Drinking Water State Revolving Fund. Contributions of federal capital to these funds, at the rate of approximately $5 billion annually, have enabled states to make 22,700 loans to local governments and other entities at an average interest rate of 2.2%, for a total of $68 billion in loan commitments. The Department of the Treasury would administer a Conservation Loan and Loan Guarantee Program with input from the Secretary of the Interior. Habitat conservation loans would be made available to public entities which meet specified habitat-related criteria, such as: Fully authorized and approved MSHCP in rapidly-growing region with substantial progress toward acquisition goals; Demonstrable local level of effort and capacity to repay; Appropriate accompanying plan for regional infrastructure development, with provisions for mitigation of environmental impacts. The maximum amount of loans or loan guarantees would be $1 billion per year in fiscal years 2011 through Program proponents structured the bill with a firm understanding of current federal budget constraints. Because the bill outlines strict eligibility requirements for loans, the default rate would be minimal, meaning that nearly all federal dollars spent on the program would be repaid.

23 CVCC Letterhead April 14, 2011 The Honorable Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, DC RE: Infrastructure Facilitation and Habitat Conservation Act of 2011 Dear Senator Feinstein: We applaud your efforts to encourage formation and completion of Habitat Conservation Plans (HCPs) and development of public infrastructure through your Infrastructure Facilitation and Habitat Conservation Act of We strongly support this legislation and stand ready to help you move the bill forward. Responding to the imperatives of the Endangered Species Act, our region has acted aggressively to protect threatened habitat through formation of the Coachella Valley Multiple Species Habitat Conservation Plan. The plan is proving to save species and accelerate the development of much-needed public infrastructure. Most HCPs raise land acquisition funds via developer contributions and fees, sales and transfer taxes, and special district assessments. Unfortunately, these revenue sources have dried up due to the housing market crash. As a result of this counter-cyclical funding mechanism, the local and regional governments that administer HCPs are unable to buy land to build their habitat preserves even while unimproved land prices drop. The Coachella Valley MSHCP would benefit from the flexibility offered by a loan program that could be used to fund land acquisition. By authorizing federal loans and loan guarantees that can be used to support habitat acquisition, your bill would maintain momentum for HCPs and assure that they continue to be integrated with development of public infrastructure projects. We look forward to working with you to build support for the bill and to its eventual enactment. Sincerely, Richard W. Kite Chair

24 COACHELLA VALLEY CONSERVATION COMMISSION UNAUDITED FINANCIAL STATEMENTS (AS AT MARCH 31, 2011) MANAGEMENT & MONITORING GENERAL ADMINISTRATION LAND ACQUISITION ENDOWMENT LIZARD ENDOWMENT TOTAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL ASSETS Cash - County Treasurer $ 72, $ - $ 611, $ 2,650, $ 304, $ 3,640, Cash - Union Bank , $ 36, Deposits , $ 21, Due From Other Funds , $ 25, Fixed Assets - Land ,146, $ 27,146, Total Assets $ 72, $ - $ 27,779, $ 2,713, $ 304, $ 30,870, LIABILITIES Due to Other Funds $ 25, $ - $ - $ - $ - $ 25, Total Liabilities $ 25, $ - $ - $ - $ - $ 25, FUND BALANCE Undesignated $ 47, $ - $ 633, $ 2,713, $ 304, $ 3,698, Investment In Fixed Assets $ - $ - $ 27,146, $ - $ - $ 27,146, Total Fund Balances $ 47, $ - $ 27,779, $ 2,713, $ 304, $ 30,844, TOTAL LIABILITIES AND FUND BALANCES $ 72, $ - $ 27,779, $ 2,713, $ 304, $ 30,870, REVENUES: Development mitigation fees $ - $ - $ - $ - $ 916,237 $ 448, $ - $ - $ - $ - $ 916,237 $ 448, Agencies mitigation fees ,272,420 2,278, ,448, , ,720,803 3,220, Tipping fee , , , , Contributions ,352, ,352, Grants 57,000 89, ,388,000 3,405, ,445,000 3,494, Other Revenue , , Investment Income ,500 1, ,500 8, , ,000 11, Total Revenues $ 57,000 $ 89, $ 372,000 $ 184, $ 17,581,157 $ 12,486, $ 1,468,883 $ 951, $ 3,000 $ $ 19,482,040 $ 13,712, EXPENDITURES: Administrative Fees $ - $ - $ - $ - $ 9,162 $ 4, $ - $ - $ - $ - $ 9,162 $ 4, Accounting/Bank Service Charges Comprehensive Insurance ,187 11, ,187 11, Per Diem Payments - - 6,375 4, ,375 4, Software , ,000 - Office Supplies - - 1, ,500 - Printing - 15, ,000 - Land Improvement , ,000 - Legal Services - 72,000 36, , ,000 36, Professional Services - 7,890 9, ,000 8, ,890 18, Consultants 546, , , , , , ,205, , Sub-Total Expenditures $ 546,000 $ 188, $ 394,952 $ 277, $ 492,162 $ 193, $ - $ - $ - $ - $ 1,433,114 $ 658, OTHER Land acquisitions $ - $ - $ - $ - $ 16,630,420 $ 12,023, $ - $ - $ - $ - $ 16,630,420 $ 12,023, Furniture and equipment - - 5, , , Operating Transfers Out , , , , Operating Transfers In (489,000) (146,148.18) (27,952) (92,461.44) (516,952) (238,609.62) Sub-Total Other $ (489,000) $ (146,148.18) $ (22,952) $ (92,226.22) $ 16,654,420 $ 12,023, $ 516,952 $ 238, $ - $ - $ 16,659,420 $ 12,023, Total Expenditures and Other $ 57,000 $ 42, $ 372,000 $ 184, $ 17,146,582 $ 12,216, $ 516,952 $ 238, $ - $ - $ 18,092,534 $ 12,682, NET EXCESS (DEFICIT) $ - $ 47, $ - $ - $ 434,575 $ 270, $ 951,931 $ 712, $ 3,000 $ $ 1,389,506 $ 1,030, FUND BALANCE - BEGINNING $ - $ - $ - $ - $ - $ 362, $ - $ 2,000, $ - $ 304, $ - $ 2,667, FIND BALANCE - ENDING $ - $ 47, $ - $ - $ 434,575 $ 633, $ 951,931 $ 2,713, $ 3,000 $ 304, $ 1,389,506 $ 3,698,371.22

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26 COACHELLA VALLEY CONSERVATION COMMISSION Attendance Roster ITEM 6E.3 Jurisdictions/Permittees Present Calendar Year 2011 Jan Mar Apr June Jul Sept Nov CATHEDRAL CITY X X COACHELLA DESERT HOT SPRINGS INDIAN WELLS X X X INDIO X X LA QUINTA X X PALM DESERT X X PALM SPRINGS X X RANCHO MIRAGE X X COUNTY OF RIVERSIDE - 2nd Dist. X X COUNTY OF RIVERSIDE - 3rd Dist. COUNTY OF RIVERSIDE - 4th Dist. X X X COUNTY OF RIVERSIDE - 5th Dist. X X COACHELLA VALLEY WATER DIST X X IMPERIAL IRRIGATION DISTRICT X = Elected member in attendance * CVCC meetings go dark in August and December. ** The CVCC did not meet in February 4/7/2011

27 ITEM 7A Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: 2010 Annual Report Katie Barrows, RECOMMENDATION: Review and Accept the 2010 Annual Report on the Coachella Valley Multiple Species Habitat Conservation Plan and Provide for Public Input BACKGROUND: Each year, the Coachella Valley Conservation Commission is required to prepare an Annual Report to be submitted to the Wildlife Agencies and the Permittees. The Annual Report details the progress made toward the conservation goals and objectives of the CVMSHCP and provides a benchmark for evaluation of compliance with Plan requirements. The 2010 Annual Report provides an overview of the first full year of Plan implementation. The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) calls for the Annual Report to be presented at a CVCC meeting, which will serve as a public workshop where the public will have an opportunity to comment and copies of the report will be made available to them. The land acquisition program made good progress in acquiring parcels for the CVMSHCP Reserve System from willing sellers. The land acquisition program has focused on acquiring biologically sensitive properties with the greatest threat from development. In 2010, the CVCC completed the acquisition of approximately 600 acres. This included acquisitions in the Whitewater Floodplain and Willow Hole Conservation Areas. The baseline year for measuring progress toward our conservation goals and objectives is Collectively, CVCC and our land acquisition partners have made significant progress in land conservation since then, as 66,354 acres have been conserved. No authorized disturbance occurred in the Conservation Areas in Since the CVMSHCP began in 1996, less than 70 acres of authorized disturbance have occurred. The Annual Report includes detailed tables on the amount of conservation and disturbance that occurred in However, this year these lengthy tables will be posted on the CVMSHCP website ( instead of printing them. The entire Annual Report will be posted on the website once it is accepted by the CVCC. Among the significant issues the CVCC addressed in 2010 was the implementation of the Local Development Mitigation Fee (LDMF). The Annual Report also summarizes the actions taken by CVCC during 2010 and details implementation issues. This includes the ongoing work with the City of Desert Hot Springs throughout 2010 on a major amendment to the CVMSHCP which would allow them to fully participate. The major amendment to include Desert Hot Springs and Mission Springs Water District is expected to conclude in Staff will provide a brief presentation at the April 14 meeting on the highlights of the Annual Report. FISCAL ANALYSIS: Information only.

28 ITEM 7B Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: CVMSHCP Major Amendment Status Update Katie Barrows, Director of Environmental Resources RECOMMENDATION: For Information Only BACKGROUND: The Notice of Availability to review and comment on the Notice of Preparation and Initial Study for the proposed Major Amendment to the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) was released on March 30, A copy of the Notice of Availability which briefly describes the action is attached for your review. This public notice was circulated to the Permittees, local media, public agencies and stakeholder groups. Also on March 30, a notice appeared in the Federal Register describing the Notice of Intent by the U.S. Fish and Wildlife Service to proceed with the environmental analysis of the Major Amendment. The release of these documents commences a 30-day public review period from March 31, 2011 through April 29, A public Scoping Meeting was held on Monday, April 4, 2011 at 6 p.m. at the Carl May Community Center, in the City of Desert Hot Springs. The Scoping Meeting was attended by approximately 6 people from the general public; representatives of the city, including Mayor Parks, Council Members Baker, Pye, and Betts; representatives of Mission Springs Water District; and local media. The Scoping Meeting provided an opportunity for the public to learn about the project and to share any concerns or comments they may have. The public may also submit comments during the 30-day NOP review period: The Notice of Availability as well as the NOP and Initial Study are posted on the CVMSHCP ( and CVAG websites. The documents are also available for inspection at the CVAG office. CVCC is the lead agency responsible for submitting the Major Amendment application to CDFG and USFWS. CVCC is also the lead on the Supplemental Environmental Impact Report/Environmental Impact Statement (EIR/EIS) which will address the inclusion of the City and MSWD. Comments received by April 29, 2011 will be addressed in the preparation of the Supplemental EIR/EIS. The Draft Supplemental EIR/EIS will be brought to the CVCC before it is released. Release of the Draft EIR/EIS is expected in Summer 2011 for a 60-day public review and comment period. The completion of the Major Amendment, including approval by all current CVCC member agencies and revised permits from the Wildlife Agencies is expected in summer/fall FISCAL IMPACT: The City of Desert Hot Springs and Mission Springs Water District are covering the consultant costs for preparation of the Major Amendment and EIR/EIS. CVCC staff time needed for this process is included in the 2010/2011 budget; additional CVCC costs necessary to complete the process will be included in the 2011/2012 budget. EXHIBITS: 1. Notice of Availability

29 NOTICE OF AVAILABILITY FOR PUBLIC REVIEW NOTICE OF PREPARATION AND INITIAL STUDY Pursuant to of the California Environmental Quality Act (CEQA) guidelines, this is to notify all interested parties that the Coachella Valley Conservation Commission (CVCC) has submitted a Notice of Preparation/Initial Study Checklist to the State Clearinghouse of their intent to prepare an Environmental Impact Report for the following project. The public review period to comment on the NOP/IS is from March 31, 2011 through April 29, PROJECT NAME AND DESCRIPTION: Major Amendment to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) The proposed project is a Major Amendment to the CVMSHCP approved by all affected agencies in October The City of Desert Hot Springs was the only City in the Coachella Valley which opted out of becoming a Permittee of the Plan at that time. In a reversal of that decision, the City of Desert Hot Springs would now like to become a Permittee of the Plan. In order to do so, current Plan boundaries would be amended to include all of the private lands within the city limits of the City of Desert Hot Springs as well as the extension of Conservation Areas into the City. The Mission Springs Water District (MSWD), not previously a participating agency, has also opted to become a Permittee to the Plan. Major Amendments require the same process to be followed as the original MSHCP approval including CEQA/NEPA compliance. As such, although no significant impacts related to this Plan Amendment are anticipated, a joint Supplemental Environmental Impact Report/Environmental Impact Statement (EIR/EIS) will be prepared to address changes to the approved September 2007 Recirculated EIR/EIS which did not include Desert Hot Springs or MSWD. The U.S. Fish & Wildlife Service is a responsible agency which will issue a revised Permit for the Take of Covered Species to include Desert Hot Springs and MSWD. Covered Species include both Listed and Non-listed Species that are adequately conserved by the Plan. The Permit provides for the Take of these species or loss of their Habitat, so long as compliance with the Plan requirements is achieved. The Supplemental EIR/EIS will focus only on changes to the Final Recirculated CVMSHCP and those environmental topics most likely to be affected by the Plan revisions. Through the Initial Study analysis, these topics have been determined to include biological resources, land use, traffic and circulation, and socioeconomic impacts. PROJECT LOCATION: The affected area includes the incorporated limits of the City of Desert Hot Springs (the City) and the entire boundary of the Mission Springs Water District (MSWD) which includes all of Desert Hot Springs and a portion of unincorporated Riverside County lands. These agency boundaries are located in the northwest portion of the Coachella Valley in the north central portion of Riverside County, California. 3. AVAILABILITY OF ENVIRONMENTAL DOCUMENTS: A copy of the Notice of Preparation/Initial Study is available for review at the Coachella Valley Conservation Commission (CVCC) office, Fred Waring Drive Suite 200, Palm Desert CA 92260, between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Please call (760) for further information. Note: Comments should be limited those issues which may be affected by the Plan Amendment not the CVMSHCP in its entirety. 4. SCOPING MEETING The CVCC along with MSWD and the City of Desert Hot Springs will conduct a scoping meeting to provide the opportunity for the public to learn about the project and to share any concerns or comments they may have. The public may also submit comments during the 30-day NOP review period at the address shown above. The meeting will be held at the following location: Monday, April 4, 2011, 6 p.m., Carl May Community Center, City Desert Hot Springs, CA.

30 ITEM 7C Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: Consider Request for Proposals for Acquisitions Manager Jim Sullivan, GIS Program Director RECOMMENDATION: 1) Authorize release of the Request for Proposals (RFP) for Acquisitions Manager; 2) Authorize a Selection Committee to review proposals; 3) Appoint a CVCC member to the Selection Committee. BACKGROUND: The land acquisition program has been successfully implemented through the use of consultants to provide program coordination and staff services. In 2008, CVCC entered into a 3 year contract with the Coachella Valley Mountains Conservancy to serve as Acquisitions Manager. That contract expires on April 15, Staff is requesting authorization to prepare and circulate a Request for Proposals for the CVMSHCP Acquisitions Manager. The RFP will be distributed to a list of qualified entities, including the current consultant. It will be posted on the CVAG website. Once proposals are received, a selection committee will be formed. Staff recommends that the Selection Committee consist of a CVCC member, a Bureau of Land Management or County Assessors staff person, and a local private realtor with experience in vacant land sales. They will review responses and select the best qualified consultant(s). A recommended consultant and contract will be brought back to the CVCC following the selection process. The primary means of habitat conservation in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) is acquisition from willing sellers at market value as determined by appraisal. The Local Permittees represented by Coachella Valley Conservation Commission have an obligation to acquire or otherwise conserve 87,600 acres. The Acquisitions Manager administers the land acquisition program and performs the numerous tasks necessary for these acquisitions to occur in an efficient manner. The requirements for the Acquisitions Manager will include: 1. Assist CVCC in setting acquisition priorities. 2. Obtain and analyze information on potential acquisition properties, contact landowners. 3. Act as the primary contact for landowners throughout the acquisition process. 4. Develop Request for Proposals for appraisals and review completed appraisals. 5. Obtain and review preliminary title reports, identify and correct title exceptions. 6. Negotiate terms with landowners and present proposed acquisitions to CVCC. 7. For approved acquisitions, open escrow and review escrow instructions. 8. Assist CVCC if needed to conduct site inspections to identify potential issues such as hazardous waste, illegal dumping and trespass. Coordinate necessary land

31 improvements with Land Manager. 9. Report acquisition information to CVCC for inclusion in Plan database. 10. Identify potential funding sources such as land donations, acquisitions with partners, bargain sales etc. Monitor and pursue opportunities such as Chapter 8 Tax Sales and foreclosures. 11. Identify and pursue potential acquisition grant opportunities. 12. Maintain property records management system as directed by CVCC 13. Assist with obtaining Conservation Easements for various properties FISCAL ANALYSIS: The Financing Plan of the CVMSHCP estimated that the Fiscal Year cost of the Acquisition Manager contract would be $131,000 and would increase at the rate of 3.29% annually. The Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation providing the funding for the Acquisitions Program including the Acquisitions Manager contract.

32 ITEM 7D Coachella Valley Conservation Commission April 14, 2011 Staff Report Subject: Contact: Consider Month to Month Contract Extension with Coachella Valley Mountains Conservancy Jim Sullivan, GIS Program Director RECOMMENDATION: Approve a month to month contract extension with the Coachella Valley Mountains Conservancy to act as Acquisitions Manager at a cost not to exceed $ per month. BACKGROUND: The Coachella Valley Mountains Conservancy (CVMC) is currently under contract with CVCC to act as the Acquisitions Manager for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The current contract with CVMC expires April 15, Staff is recommending that CVCC go through a selection process for the next contract for Acquisitions Manager. Under a separate agenda item, staff is requesting authorization to prepare and circulate a Request for Proposals for the Acquisitions Manager. It is expected that the selection process can be completed and a new contract can be signed effective July 1, During this period, staff recommends that CVMC continue as Acquisitions Manager on a month to month basis. The proposed contract with CVMC is for payment at an hourly rate for services performed with a not to exceed amount of $5, per month. FISCAL ANALYSIS: A cost not to exceed $ per month paid from the Land Acquisition Fund (Local Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation).

33 COACHELLA VALLEY CONSERVATION COMMISSION s April 14, 2011 Bill Havert Executive Director Coachella Valley Mountains Conservancy Palm Desert, CA Dear Mr. Havert: This letter will serve as an agreement that the Coachella Valley Conservation Commission (CVCC) will contract with the Coachella Valley Mountains Conservancy (CVCC) on a month to month basis, effective April 15, 2011, for the purpose of rendering professional services not to exceed $ (Five Thousand Dollars) per month to assist with the Land Acquisition Program for the Coachella Valley Multiple Species Habitat Conservation Plan. The professional services are as listed in the previous services contract which expires April 15, 2011, and which is attached as Exhibit A. Mileage will be reimbursed at the rate of $.505/mile. CVCC will pay CVMC not more than on a monthly basis and upon receipt of an invoice from CVMC. Either party may terminate this Agreement, without cause, upon 14 (fourteen) days written notice to the other party. This agreement is valid and in force until and unless the contract amount has been exhausted or the agreement has been terminated in writing. It is our mutual intent that CVMC shall be an independent contractor and not an employee of CVCC. This agreement excludes absolutely any employer-employee relationship between CVCC and CVMC. CVCC will not provide workers compensation, nor pay state disability, unemployment, insurance benefits, social security or other disability compensation. CVCC shall not be liable for any damages or injuries caused that are not clearly the sole responsibility of CVCC, nor costs or expenses incurred by CVMC in the performance of the tasks or services under this agreement, unless otherwise agreed upon. All information obtained and/or produced under this agreement is the sole property of CVCC and should not be released to any unauthorized parties. Sincerely, Tom Kirk Executive Director Accepted and agreed: Bill Havert, Executive Director Date Fred Waring Drive, Suite 200 Palm Desert, CA (760) FAX (760)

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