COACHELLA VALLEY CONSERVATION COMMISSION Thursday, April 12, 2018 11:00 a.m. CVAG Offices 73-710 Fred Waring Drive, Suite 119 Palm Desert, CA 92260 (760) 346-1127 Teleconferencing will be available at: Imperial Irrigation District 321 S. Waterman Ave. Suite 200 El Centro, CA 92243 (760) 482-3456 THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA. 1. CALL TO ORDER Mayor Michael Wilson, City of Indio, Chair 2. ROLL CALL A. Member Roster P4 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS This is the time and place for any person wishing to address the Coachella Valley Conservation Commission on items not appearing on the agenda to do so.
5. COMMITTEE MEMBER/DIRECTOR COMMENTS 6. CONSENT CALENDAR A. Approve Minutes of the February 8, 2018 Coachella Valley Conservation P5 Commission B. Annual Inflation Adjustment to the Local Development Mitigation Fee P11 C. Approve Amendment #1 to the contract with the University of California P12 Riverside s Center for Conservation Biology to modify two tasks of the Biological Monitoring Program, at no additional cost D. Ratify the acceptance of a Capital Improvement Grant from the Coachella P14 Valley Mountains Conservancy by the CVCC Executive Director in the amount of $17,138 for fencing, gates and cleanup on lands in Thousand Palms Conservation Area 7. DISCUSSION / ACTION A. Review 2017 Annual Report Jim Sullivan P32 RECOMMENDATION: Review and Accept the 2017 Annual Report on the Coachella Valley Multiple Species Habitat Conservation Plan and Provide for Public Input B. Contract Amendment #3 with Terra Nova Planning and Research, Inc. for P33 Environmental Analysis of Potential Alternatives for a Barrier to Bighorn Sheep in La Quinta - Katie Barrows RECOMMENDATION: Approve Amendment #3 to the contract with Terra Nova Planning and Research, Inc. to increase the total contract amount by $29,300 and extend the contract to June 30, 2019 for completion of the environmental analysis for the La Quinta Peninsular Bighorn Sheep Barrier Project. C. Acquisition of one parcel in the East Indio Hills Conservation Area totaling P37 approximately 35.71 acres Jim Karpiak, Coachella Valley Mountains Conservancy RECOMMENDATION: Approve Resolution 18-002 authorizing acquisition of one parcel totaling approximately 35.71 acres in the East Indio Hills Conservation Area at a cost not to exceed $90,000.00, plus closing costs not to exceed $1,500.00. D. Acquisition of six parcels in the Whitewater Floodplain Conservation Area P41 totaling approximately 338.59 acres Jim Karpiak, Coachella Valley Mountains Conservancy RECOMMENDATION: Approve Resolution 18-003 authorizing acquisition of six parcels totaling approximately 338.59 acres in the Whitewater Floodplain Conservation Area at a cost not to exceed $1,015,000.00, plus closing costs not to exceed $4,500.00. 2
8. INFORMATION 1) CVCC Attendance Roster P46 2) Contracts under $25,000: CRM Tech and Capital Realty Associates P47 3) Comment on Paradise Valley Draft Environmental Impact Report P48 9. ANNOUNCEMENTS Next scheduled meeting at 73-710 Fred Waring Drive, Room 119, Palm Desert: Coachella Valley Conservation Commission Thursday, May 10, 2018, 11:00 a.m. 10. ADJOURNMENT 3
ITEM 2A JURISDICTION City of Cathedral City City of Coachella Coachella Valley Conservation Commission Members 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 Coachella Valley Water District Imperial Irrigation District Mission Springs Water District MEMBER Shelley Kaplan Councilmember Steven Hernandez Mayor Anayeli Zavala Councilmember Dana Reed Councilmember Michael Wilson, Chair Mayor Linda Evans, Vice Chair Mayor Susan Marie Weber Mayor Pro Tem Lisa Middleton Councilmember Richard W. Kite Mayor Pro Tem Kevin Jeffries, 1 st District Supervisor [Alternate: Councilmember Glenn Miller, Indio] John Tavaglione, 2 nd District Supervisor [Alternate: Councilmember Geoff Kors, Palm Springs] Chuck Washington, 3 rd District Supervisor [Alternate: Councilmember Jan Harnik, Palm Desert] V. Manuel Perez, 4 th District Supervisor [Alternate: Mayor Scott Matas, Desert Hot Springs] Marion Ashley, 5 th District Supervisor [Alternate: unassigned] Anthony Bianco CVWD Board Member Juanita Salas IID Board Member Nancy Wright MSWD Board Member Staff Tom Kirk, Executive Director Gary Leong, Deputy Executive Director Katie Barrows, Director of Environmental Resources Jim Sullivan, GIS Program Director Linda Rogers, Program Assistant II Kathleen D. Brundige, Management Analyst Revised 4/4/18
ITEM 6A 1. CALL TO ORDER The meeting of the Coachella Valley Conservation Commission (CVCC) was called to order at 11:01 am by Mayor Pro Tem Kite. Arriving after roll call, Chair Michael Wilson presided over the meeting. 2. ROLL CALL Roll call was taken and it was determined that a quorum was present. Members Present Councilmember Mark Carnevale Councilmember Emmanuel Martinez ** Councilmember Anayeli Zavala Mayor Michael Wilson, Chair * Councilmember Susan Marie Weber Councilmember Lisa Middleton Mayor Pro Tem Richard W. Kite Councilmember Jan Harnik (Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco Board Member Juanita Salas ** (via teleconference) Agency City of Cathedral City City of Coachella City of Desert Hot Springs City of Indio City of Palm Desert City of Palm Springs City of Rancho Mirage Riverside County 3 rd District Riverside County, 5 th District Coachella Valley Water District Imperial Irrigation District [*Members who arrived after the Call to Order. **Members who arrived later to the meeting.] Members Absent Councilmember Dana Reed Mayor Linda Evans, Vice Chair Councilmember Glenn Miller (Alternate for Supervisor Kevin Jeffries) Councilmember Geoff Kors (Alternate for Supervisor John Tavaglione) Supervisor V. Manuel Perez Board Member Nancy Wright Others Present Ryan Domino Chris Clarke Britt Wilson Jim Karpiak City of Indian Wells City of La Quinta Riverside County - 1 st District Riverside County - 2 nd District Riverside County - 4 th District Mission Springs Water District LSL, CPAs National Parks Cons. Assoc. City of Rancho Mirage Coachella Valley Mountains Conservancy Coachella Valley Conservation Commission 1 Minutes February 8, 2018
Chris Gregory Noelle Ronan Heather Pert Kathy Longshore Joan Taylor Doug Evans Kim Floyd USFWS Palm Springs USFWS Palm Springs CDFW USGS Sierra Club Desert Trails Coalition Resident CVAG Staff Tom Kirk Katie Barrows Jim Sullivan Kathleen Brundige Linda Rogers 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Kite led in the Pledge of Allegiance. 4. PUBLIC COMMENTS Chris Clarke with the National Parks Conservation Association and Joan Taylor representing the Sierra Club were present and addressed their comments under No. 7E. 5. COMMITTEE MEMBER / DIRECTOR COMMENTS Mr. Kirk suggested moving Item 7E forward on the agenda since there are two members of the public that would like to make public comments regarding that item. 6. CONSENT CALENDAR IT WAS MOVED BY MAYOR PRO TEM KITE, SECONDED BY MAYOR HERNANDEZ, TO: A. Approve the Minutes of the October 12, 2017 Coachella Valley Conservation Commission B. Adopt Policy 18-01, authorizing the Executive Director to accept Caltrans mitigation payments in any amount THE MOTION CARRIED WITH 7 S ON 6A AND 2 ABSTENTIONS ON 6A; AND 9 S ON 6B; 8 ABSENT. Councilmember Mark Carnevale Councilmember Emmanuel Martinez * Councilmember Anayeli Zavala Mayor Michael Wilson, Chair Councilmember Susan Marie Weber Councilmember Lisa Middleton Mayor Pro Tem Richard W. Kite Councilmember Jan Harnik (Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez (Alternate for Supervisor Marion Ashley) Abstain 6A; Aye 6B Absent for Vote Aye Aye Aye Abstain 6A; Aye 6B Aye Aye Aye Coachella Valley Conservation Commission 2 Minutes February 8, 2018
Board Member Anthony Bianco Board Member Juanita Salas ** Councilmember Dana Reed Mayor Linda Evans, Vice Chair Councilmember Glenn Miller (Alternate for Supervisor Kevin Jeffries) Councilmember Geoff Kors (Alternate for Supervisor John Tavaglione) Supervisor V. Manuel Perez Board Member Nancy Wright Aye Absent for Vote Absent Absent Absent Absent Absent Absent [*Councilmember Martinez is now present. **Board Member Juanita Salas is now participating in the meeting by way of teleconference. Chair Wilson introduced and welcomed Ms. Salas as the newly appointed IID representative to the CVCC]. 7. DISCUSSION / ACTION A. Audited Financial Report and Statement on Auditing Standards (SAS) 114 Letter for Fiscal Year 2016/17 Tom Kirk provided a brief overview of the audited financial report and statement. The CVCC Finance Committee met and reviewed the report with the CVCC auditor Lance, Soll & Lunghard (LSL). Mr. Ryan Domino with LSL was present and provided an overview of the audited financial report and statement. IT WAS MOVED BY COUNCILMEMBER HARNIK, SECONDED BY COUNCILMEMBER MIDDLETON, TO RECEIVE AND FILE THE REPORTS FOR FISCAL YEAR 2016/17. THE MOTION CARRIED WITH 11 S; 6 ABSENT. Councilmember Mark Carnevale Councilmember Emmanuel Martinez Councilmember Anayeli Zavala Mayor Michael Wilson, Chair Councilmember Susan Marie Weber Councilmember Lisa Middleton Mayor Pro Tem Richard W. Kite Councilmember Jan Harnik (Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco Board Member Juanita Salas (teleconferencing) Councilmember Dana Reed Mayor Linda Evans, Vice Chair Councilmember Glenn Miller (Alternate for Supervisor Kevin Jeffries) Councilmember Geoff Kors (Alternate for Supervisor John Tavaglione) Supervisor V. Manuel Perez Board Member Nancy Wright ABSENT ABSENT ABSENT ABSENT ABSENT ABSENT Coachella Valley Conservation Commission 3 Minutes February 8, 2018
B. Fiscal Year 2016/17 Report on Local Development Mitigation Fee IT WAS MOVED BY COUNCILMEMBER HARNIK, SECONDED BY COUNCILMEMBER ZAVALA, TO ACCEPT THE LOCAL DEVELOPMENT MITIGATION FEE ANNUAL AND FIVE-YEAR REPORT FOR FISCAL YEAR 2016/2017 IN FULFILLMENT OF THE REPORTING REQUIREMENTS OF THE MITIGATION FEE ACT. THE MOTION CARRIED WITH 11 S; 6 ABSENT. Councilmember Mark Carnevale Councilmember Emmanuel Martinez Councilmember Anayeli Zavala Mayor Michael Wilson, Chair Councilmember Susan Marie Weber Councilmember Lisa Middleton Mayor Pro Tem Richard W. Kite Councilmember Jan Harnik (Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco Board Member Juanita Salas (teleconferencing) Councilmember Dana Reed Mayor Linda Evans, Vice Chair Councilmember Glenn Miller (Alternate for Supervisor Kevin Jeffries) Councilmember Geoff Kors (Alternate for Supervisor John Tavaglione) Supervisor V. Manuel Perez Board Member Nancy Wright ABSENT ABSENT ABSENT ABSENT ABSENT ABSENT C. Acceptance of CDFW Local Assistance Grant Funds for Peninsular Bighorn Sheep and Human Recreational Activity Study IT WAS MOVED BY MAYOR PRO TEM KITE, SECONDED BY COUNCILMEMBER MIDDLETON, TO APPROVE RESOLUTION 18-001, ACCEPTING A LOCAL ASSISTANCE GRANT FROM THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE IN THE AMOUNT OF $94,250 FOR DETERMINING HABITAT USE AND RESPONSE TO HUMAN RECREATIONAL ACTIVITIES OF PENINSULAR BIGHORN SHEEP (Ovis canadensis nelsoni) IN A SHARED LANDSCAPE. THE MOTION CARRIED WITH 11 S; 6 ABSENT. Councilmember Mark Carnevale Councilmember Emmanuel Martinez Councilmember Anayeli Zavala Mayor Michael Wilson, Chair Councilmember Susan Marie Weber Councilmember Lisa Middleton Mayor Pro Tem Richard W. Kite Coachella Valley Conservation Commission 4 Minutes February 8, 2018
Councilmember Jan Harnik (Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco Board Member Juanita Salas (teleconferencing) Councilmember Dana Reed Mayor Linda Evans, Vice Chair Councilmember Glenn Miller (Alternate for Supervisor Kevin Jeffries) Councilmember Geoff Kors (Alternate for Supervisor John Tavaglione) Supervisor V. Manuel Perez Board Member Nancy Wright ABSENT ABSENT ABSENT ABSENT ABSENT ABSENT D. Update on Peninsular Bighorn Sheep Fence Katie Barrows provided an update on the status of the La Quinta Peninsular Bighorn Sheep Barrier Project. Coordination with property owners and work on the environmental documents continues. E. Release of Draft EIR for the Paradise Valley Specific Plan Katie Barrows provided information on the Draft Environmental Impact Report (DEIR) for the Paradise Valley Specific Plan. A comment letter from the Center for Biological Diversity was distributed to CVCC members. Councilmember Harnik added before giving consideration to this, she would like time to study it. Public Comments: Joan Taylor stated that the Sierra Club has reviewed the letter from the Center for Biological Diversity and concurs with their comments. The Sierra Club also reviewed a letter addressed to Riverside County Supervisor John Benoit dating back to January 2016 (a copy of said letter was given to the recording clerk). Ms. Taylor strongly urged that a joint project review be done. Chris Clarke with the National Parks Conservation Association addressed the CVCC strongly opposing the Paradise Valley project listing his chief concerns. Mr. Clarke also reiterated the need for a joint project review. 8. INFORMATION 1) CVCC s Quarterly Unaudited Financial Statements as at Dec. 31, 2017 2) CVCC s Investment Report as at Dec. 31, 2017 3) CVCC Attendance Roster 4) Contracts under $25,000 Coachella Valley Conservation Commission 5 Minutes February 8, 2018
9. ANNOUNCEMENTS Next scheduled meeting at 73-710 Fred Waring Drive, Room 119, Palm Desert: Coachella Valley Conservation Commission Thursday, April 12, 2018, 11:00 a.m. 10. ADJOURNMENT The meeting adjourned at 11:50 am. Respectfully submitted, Linda Rogers Program Assistant II Coachella Valley Conservation Commission 6 Minutes February 8, 2018
ITEM 6B Staff Report Subject: Contact: Annual Inflation Adjustment to the Local Development Mitigation Fee Jim Sullivan, GIS Program Director (jsullivan@cvag.org) RECOMMENDATION: Information only. BACKGROUND: All Local Development Mitigation Fee (LDMF) ordinances adopted by jurisdictions collecting the Multiple Species Plan fee contain an automatic annual inflation adjustment as follows: AUTOMATIC ANNUAL FEE ADJUSTMENT. The Fee established by this Ordinance shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first Fee adjustment shall not be made prior to a minimum of ten (10) months subsequent to the effective date of this Ordinance. The Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area rose by 3.6% for calendar year 2017 (http://www.bls.gov/ro9/cpilosa.htm). The table below shows the current LDMF and the LDMF as of July 1, 2018. Type Current Fee Fee as of July 1, 2018 Commercial/Industrial per acre $5,529 $5,728 Residential (fee is per unit) 0-8 units per acre $1,245 $1,290 8.1-14 units per acre $518 $537 More than 14 units per acre $228 $239 CVCC staff will remind all the fee collecting jurisdictions of the automatic fee increase to assure a smooth transition on July 1, 2018. FISCAL ANALYSIS: Based on the revenue from FY 16/17, the inflation adjustment would be expected to increase CVCC revenue by $54,709 in FY 18/19.
ITEM 6C Staff Report Subject: Contact: Amendment #1 to the Biological Monitoring Contract with the University of California Riverside Kathleen Brundige, Coachella Valley Conservation Commission (kbrundige@cvag.org) RECOMMENDATION: Approve Amendment #1 to the contract with the University of California Riverside s Center for Conservation Biology to modify two tasks of the Biological Monitoring Program, at no additional cost. BACKGROUND: The CVCC approved the 2017-2018 UCR Biological Monitoring Program Contract, referred to as a Research Project Schedule, on June 8, 2017. Staff requests approval of Amendment #1 to this contract, to reduce one task and expand a second for no additional cost. Task II-H originally included reference to an update for both the Valley Floor and Dos Palmas vegetation maps, to document change in the habitats between 2013 and 2018. Due to unforeseen circumstances, the satellite imagery needed for the 2018 update will not be released until 2019. Funds set aside in the project budget for the time to complete this task will be reallocated to Task II-C, implementation of burrowing owl monitoring. The burrowing owl monitoring task originally included enough funds to monitor 10 wildlife cameras posted outside of nests to take photos of the birds behavior throughout the breeding season. The additional funds from Task II-H will help to expand this task to include up to 22 additional nest cameras for monitoring, and time for a biological technician to visit sites and collect critical data about nest success and the threats facing these birds. The additional time and materials for the burrowing owl task will also be used as part of our match for a California Energy Commission grant we are implementing in partnership with San Diego Zoo Global. FISCAL ANALYSIS: There is no additional cost for Amendment #1. The contract is included in the FY 2017/2018 Monitoring Program budget, approved for the not to exceed amount of $242,287 through June 30, 2018. A total of $110,070 has been spent, leaving $132,217 for the remainder of the contract period. CONTRACT FINALIZATION: Authorize the Executive Director and/or CVAG legal counsel to make minor changes/revisions to the agreement as needed for clarification purposes ATTACHMENTS: 1. Amendment #1 to the Research Project Schedule with UC Riverside
COACHELLA VALLEY CONSERVATION COMMISSION AMENDMENT #1 TO THE RESEARCH PROJECT SCHEDULE WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS RIVERSIDE CAMPUS For the 2017-2018 Biological Monitoring Program RESEARCH PROJECT SCHEDULE: UCR-17091285 PROJECT TITLE: CVMSHCP 2017-2018 Biological Monitoring Program Implementation ORIGINAL TERM: July 1, 2017 - June 30, 2018 EFFECTIVE DATE OF AMENDMENT: April 12, 2018 DOLLAR VALUE: no cost increase, retain $224,860 The Research Project Schedule between the Regents of the University of California, on behalf of its Riverside campus ( University ), and the Coachella Valley Conservation Commission ( CVCC ), is amended as follows: 1) Under the deliverables of the Scope of Work, amend the following tasks to shift remaining hours and funds: a. Task II-C Burrowing Owl and Palm Springs Pocket Mouse deliverables will increase the number of cameras to be installed and monitored to assist CVCC and San Diego Zoo Global with an expanded monitoring effort of up to 22 burrowing owl nests in the MSHCP area. b. Task II-H The Vegetation Mapping deliverables for the Valley Floor Map and Dos Palmas Map are amended to delete the words and update, as new imagery will not be available until 2019. These deliverables will now read Correct the Valley Floor Map (Conservation Areas: EIH, IHP, IH-JTNPL, WDC, TP, EH, WH, LC, WWFP, Hwy 111) and Correct Dos Palmas (DP) Map. 2) All other terms and conditions shall remain the same as stated in the original Contract. The undersigned, as authorized representatives of University and CVCC, respectively, certify the establishment of Amendment #1 to the Research Project Schedule. Coachella Valley Conservation Commission Regents of the University of California, on behalf of its Riverside campus Tom Kirk Executive Director Caron Miller Assistant Director Sponsored Programs Administration
ITEM 6D Staff Report Subject: Contact: Ratification of the Acceptance of CVMC Capital Improvement Grant Funds for Fencing and Clean-up Project Kathleen Brundige, Coachella Valley Conservation Commission (kbrundige@cvag.org) RECOMMENDATION: Ratify the acceptance of a Capital Improvement Grant from the Coachella Valley Mountains Conservancy by the CVCC Executive Director in the amount of $17,138 for fencing, gates and cleanup on lands in Thousand Palms Conservation Area. BACKGROUND: The Thousand Palms Conservation Area is a problem area for unauthorized shooting, dumping and off-road vehicle trespass. As part of the CVCC fencing plan outlined in the FY 17/18 Land Management budget, staff gave our fencing contractor, Robles P.L., Inc., a work order to fence and sign newly acquired properties north of Sierra Del Sol and Vista Chino (28 th Ave), at the base of the Indio Hills. To adequately protect the properties, approximately 1,500 linear feet of fencing and gates were needed on the adjacent property owned by the Coachella Valley Mountains Conservancy (CVMC). Clean-up of an RV that was dumped and burned on the parcels was required as well. To complete the project efficiently, staff requested a Capital Improvement Grant from CVMC in the amount of $17,138 to cover the cost of fencing and cleanup of the adjacent property in the Robles P.L work order. On February 28th, staff received notice that the grant was approved by the CVMC board and the Executive Director accepted and signed the grant agreement. FISCAL ANALYSIS: The grant funds are for a not to exceed amount of $17,138. These funds will supplement the funds CVCC has approved in the FY 17/18 budget for land improvements and management as part of the Monitoring and Management Program. ATTACHMENTS: 1. Executed CVMC Capital Improvement Grant Application and Agreement
ITEM 7A Staff Report Subject: Contact: Review 2017 Annual Report Jim Sullivan, jsullivan@cvag.org RECOMMENDATION: Review and Accept the 2017 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 Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and provides a benchmark for evaluation of compliance with Plan requirements. The 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 upon request. Collectively, CVCC and our land acquisition partners have made significant progress in land conservation. Since 1996, the baseline year for the CVMSHCP, 92,495 acres have been conserved. In 2017, CVCC completed 18 transactions acquiring 19 parcels totaling 560 acres at a cost of $1,534,750 in CVCC funds. All of these acquisitions are listed in Table 4. Friends of the Desert Mountains acquired 19 parcels totaling 1,092 acres with $86,906 in funds from Coachella Valley Mountains Conservancy and $40,733 in Resource Legacy Funds, along with $7,771 in Friends of the Desert Mountain funds. A table of CVCC acquisitions and/or otherwise conserved lands recorded during the period from January 1, 2017 to December 31, 2017 can be found in Appendix 3. Parcels acquired are listed by Assessor Parcel Number (APN). In 2017, monitoring of several of the covered species took advantage of the increased precipitation and spring bloom, including aeolian sand species, burrowing owl, desert tortoise, little San Bernardino Mountains linanthus, riparian birds, and triple-ribbed milkvetch. Vegetation maps were completed for the bighorn sheep essential habitat, the Coachella Valley Stormwater Channel and Delta and Desert Tortoise and Linkage Conservation Areas, and the Sand to Snow National Monument. Other projects included the La Quinta Peninsular Bighorn Sheep Barrier Project, and maintenance of fencing and signage on CVCC lands. Land management included a large cleanup on adjacent lands in partnership with the BLM. This project removed 109 tons of trash and 240 tires from a large ravine in the Stubbe and Cottonwood Canyon Conservation Area on the southern border of Sand to Snow National Monument. Staff has also worked with Southern California Edison, BLM and Metropolitan Water District to install boulders, gates, and control access to the area. In addition to fencing and signage, staff worked with the Urban Conservation Corps and Friends of the Desert Mountains to control invasive vegetation in water sources of the Santa Rosa and San Jacinto Mountains Conservation Area. The Annual Report is posted on the CVMSHCP website at http://www.cvmshcp.org. Staff will provide a brief presentation at the April 12 meeting on the highlights of the Annual Report. Copies of the Annual Report will be available at the meeting for those who would like a paper copy. FISCAL ANALYSIS: Information only.
ITEM 7B Staff Report Subject: Contact: Contract Amendment #3 with Terra Nova Planning and Research, Inc. for Environmental Analysis of Potential Alternatives for a Barrier to Bighorn Sheep in La Quinta Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org) RECOMMENDATION: Approve Amendment #3 to the contract with Terra Nova Planning and Research, Inc. to increase the total contract amount by $29,300 and extend the contract to June 30, 2019 for completion of the environmental analysis for the La Quinta Peninsular Bighorn Sheep Barrier Project BACKGROUND: Work on the La Quinta Peninsular Bighorn Sheep Barrier Project continues. Since September 2015 we have been working with Terra Nova Planning & Research, Inc. to complete the environmental analysis of a barrier to Peninsular bighorn sheep in La Quinta, to meet requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The project has been more complicated and challenging than originally anticipated. To allow for completion of the final Environmental Impact Report (EIR) and NEPA Environmental Assessment as well as related tasks, staff requests approval of the attached Amendment #3 to add addition not to exceed $29,300 to the contract and extend it to June 30, 2019. The additional funding recommendations are meant to ensure that costs associated with this final set of actions is adequately funded. We are making good progress on the project. As the federal lead on this project, the U.S. Bureau of Reclamation will be asked to issue a license agreement to CVCC for use of their land for portions of the fence along the Coachella Canal and around Lake Cahuilla. Before doing so, a NEPA Environmental Assessment required by the U.S Bureau of Reclamation was released for public comment on March 7 and the comment period closed on April 5, 2018. Terra Nova will assist Reclamation staff in responding to the comments received. Terra Nova will also assist with the required coordination with the U.S. Fish and Wildlife Service and Reclamation. We are currently working with Terra Nova on the Final Environmental Impact Report (FEIR) which will include a response to all the comments received on the Draft EIR. This Final EIR includes the alternative route for the fence, Alternative A2, to address concerns from PGA West. Additional funds are included for assistance from bighorn sheep biologist Dr. John Wehausen, as well as required cultural resource consultation. The tasks and amounts included in the proposed contract amendment are as follows: Final EIR & Final Environmental Assessment $ 8,800 CVCC Adoption Findings and Resolution $ 3,800 Consultations and Agency Coordination $ 6,200 Project Management: $ 5,000 Biological Resources: $ 3,000 Cultural Resources, Exhibits, Contingencies $ 2,500 Total $ 29,300 Staff requests that the CVCC authorize the Executive Director to sign the attached contract Amendment #3 with Terra Nova. Staff will provide an update on the project at the meeting.
FISCAL ANALYSIS: This contract amendment includes an increase in the contract of not to exceed $29,300. The original contract amount is $277,890; with the additional funds, the contract amount is increase to $307,190. There is currently $14,554.60 in available funds as of the March 2018 Terra Nova invoice. The cost of this Environmental Analysis and CEQA/NEPA document is covered under the CVCC Management and Monitoring Fund. Contract Finalization: Prior to execution, minor changes/revisions and reallocation of tasks may be made by CVCC s Executive Director and/ or Legal Counsel to the contract for clarification purposes. ATTACHMENTS: 1. CVCC-Terra Nova contract amendment #3 2. Budget Amendment Summary April 4, 2018
ATTACHMENT #1 COACHELLA VALLEY CONSERVATION COMMISSION AMENDMENT #3 to SERVICES CONTRACT With TERRA NOVA PLANNING & RESEARCH, INC. The Services Contract for completion of an Environmental Analysis of Alternatives to Prevent Peninsular Bighorn Sheep from Accessing Artificial Sources of Food and Water in Urban Areas in the City of La Quinta, effective September 10, 2015 by and between the Coachella Valley Conservation Commission (CVCC) and Terra Nova Planning & Research, Inc. (Consultant), is amended, effective April 12, 2018 as follows: 1) The end date of the contract is extended to June 30, 2019; 2) To complete the necessary tasks, the amount of the contract is increased for a not to exceed amount of $29,300, allocated to tasks as shown in the attached Budget Augmentation Summary (Attachment 2) for a total contract amount of $307,190. 3) All other terms and conditions shall remain the same as stated in the original Contract. Tom Kirk Executive Director Coachella Valley Conservation Commission John Criste Terra Nova Planning & Research, Inc.
ATTACHMENT #2 BUDGET AUGMENTATION SUMMARY FOR AMENDMENT #3 to SERVICES CONTRACT With TERRA NOVA PLANNING & RESEARCH, INC. Final EIR & Final Environmental Assessment $ 8,800 CVCC Adoption Findings and Resolution $ 3,800 Consultations and Agency Coordination $ 6,200 Project Management: $ 5,000 Biological Resources: $ 3,000 Cultural Resources, Exhibits, Contingencies $ 2,500 Total Contract Amendment $ 29,300
ITEM 7C Staff Report Subject: Contact: Acquisition of one parcel in the East Indio Hills Conservation Area totaling approximately 35.71 acres Jim Karpiak, Coachella Valley Mountains Conservancy (jkarpiak@cvmc.ca.gov) RECOMMENDATION: Approve Resolution 18-002 authorizing acquisition of one parcel totaling approximately 35.71 acres in the East Indio Hills Conservation Area at a cost not to exceed $90,000.00, plus closing costs not to exceed $1,500.00. BACKGROUND: In July 2017, the landowner of APN 750-350-005 (the Property ), located in the East Indio Hills Conservation Area, contacted us about the potential for the Property to be purchased for conservation. The Property is located in unincorporated Riverside County, near the City of Indio boundary. CVCC agreed to complete an appraisal and based on the appraised Fair Market Value, a contingent offer was then sent to the landowner. The landowner recently accepted the contingent offer and has executed an Agreement for the Purchase and Sale of Real Estate with CVCC. Due to its critical habitat importance in conjunction with contiguous habitat in the Thousand Palms and Indio Hills Palms Conservation Areas, this Conservation Area provides habitat for the Coachella Valley giant sand-treader cricket, desert tortoise, flat-tailed horned lizard, Crissal thrasher, Le Conte s thrasher, Coachella Valley roundtailed ground squirrel, and Palm Springs pocket mouse. The area also provides core habitat for the Mecca aster and contains suitable migration and breeding habitat for the riparian bird species covered by the CVMSHCP. Staff recommends CVCC approval of the purchase of the Property, which consists of approximately 35.71 acres, for a price of $90,000.00 plus closing costs totaling approximately $1,500.00. This amounts to approximately $2,520.00 per acre, which is consistent with other recent conservation purchases in the area. The offer in the purchase agreement is contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the Property, or, if clean-up is required that seller will complete the clean-up; and (3) sellers ability to provide CVCC a standard owner's policy of title insurance subject only to exceptions approved by CVCC. FISCAL ANALYSIS: Funding is available for the full purchase, $90,000.00 plus closing costs not to exceed $1,500.00 in CVCC s Land Acquisition Fund. CONTRACT FINALIZATION: Authorize the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as required to affect the acquisition of the Property. ATTACHMENTS: 1. Resolution 18-002 2. Map showing location of the parcel
Resolution No: 18-002 A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APN(S) 750-350-005 WHEREAS, the Coachella Valley Conservation Commission ( Commission ) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement; 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 750-350-005, comprising approximately 35.71 acres, as further described in Exhibit A (the Property ), is within the East Indio Hills 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 fair market value determined by an appraisal; and Plan; WHEREAS, acquisition of the Property would advance the goals and objectives of the NOW, THEREFORE, be it resolved that the Commission approves the purchase of the Property using the Land Acquisition Fund at a purchase price of $90,000.00, plus closing costs estimated not to exceed $1,500.00; and FURTHER, the Commission hereby authorizes the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 12th day of April, 2018. APPROVED: Mike Wilson Chair Tom Kirk Executive Director
Exhibit A Description of Real Property to be acquired
Proposed Acquisition in the East Indio Hills Conservation Area totaling 35.71 Acres INDIO Legend Highways 750350005 Proposed Acquisition Parcels Indio City Boundary Conserved Since 1996 CVMSHCP Conservation Area AVENUE 38 EASTSIDE ADAMS JEFFERSON AVENUE 40 MADISON 10 MONROE 10 ^_ Ü G:\ovizcarra\Maps for Presentations\color\CVCC April2018\East Indio Hills.mxd April 04, 2018 0 0.5 1 2 Miles Disclaimer: Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. CVAG and the County of Riverside make no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user.
ITEM 7D Staff Report Subject: Contact: Acquisition of six parcels in the Whitewater Floodplain Conservation Area totaling approximately 338.59 acres Jim Karpiak, Coachella Valley Mountains Conservancy (jkarpiak@cvmc.ca.gov) RECOMMENDATION: Approve Resolution 18-003 authorizing acquisition of six parcels totaling approximately 338.59 acres in the Whitewater Floodplain Conservation Area at a cost not to exceed $1,015,000.00, plus closing costs not to exceed $4,500.00. BACKGROUND: CVCC has long pursued the subject parcels for acquisition and conservation in the Whitewater Floodplain Conservation Area due to their critical importance as habitat for the Coachella Valley milkvetch, Coachella Valley giant sand-treader cricket, Coachella Valley fringe-toed lizard, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. Recently, the landowner s representative approached the CVCC expressing interest in selling them. An appraisal was completed, the fair market values of the subject properties were determined, and a contingent offer was sent to the owner of APNs 660-290-012, 660-300-001, 660-300-005, 669-460-007, 669-470-035 and 669-490-002 (together, the Property ). The contingent offer was accepted and the owner has executed an Agreement for the Purchase and Sale of Real Estate with CVCC. Staff requests CVCC s consideration of the purchase of the Property, consisting of approximately 338.59 acres, for a purchase price of $1,015,000.00 plus closing costs totaling approximately $4,500.00. This amounts to approximately $2,994.00 per acre, which is consistent with other recent conservation purchases in the area. The Property is located within the City of Palm Springs and within the Whitewater Floodplain Conservation Area. The Property contains historic channels of the Whitewater River, which, supported by flow from the San Gorgonio River, provide fluvial sand transport to the Valley floor. The Property is also near other parcels already owned by CVCC. A small portion of some of this land lies in the CV Link route. It is contemplated that the appraised value of the portion used by CV Link would be reimbursed to the Land Acquisition Fund by CVAG, and the CVCC deed restrictions for conservation land would not apply to the CV Link portion. The offer in the purchase agreement is contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the Property, or, if clean-up is required that seller will complete the clean-up; and (3) sellers ability to provide CVCC a standard owner's policy of title insurance subject only to exceptions approved by CVCC. FISCAL ANALYSIS: Funding is available for the full purchase, $1,015,000.00 plus closing costs not to exceed $4,500.00 in CVCC s Land Acquisition Fund. As noted above, it is anticipated that the Land Acquisition Fund will be reimbursed by CVAG for the portion of the land used by CV Link, based on appraised value.
CONTRACT FINALIZATION: The Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as required to affect the acquisition of the Property. ATTACHMENTS: 1. Resolution 18-003 2. Map showing location of the parcel
Resolution No: 18-003 A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APNs 660-290-012, 660-300-001, 660-300-005, 669-460- 007, 669-470-035 and 669-490-002 WHEREAS, the Coachella Valley Conservation Commission ( Commission ) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement; 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 660-290-012, 660-300-001, 660-300-005, 669-460-007, 669-470-035 and 669-490-002, comprising approximately 338.59 acres, as further described in Exhibit A (the Property ), is within the Whitewater Floodplain 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 fair market value determined by an appraisal; and Plan; WHEREAS, acquisition of the Property would advance the goals and objectives of the NOW, THEREFORE, be it resolved that the Commission approves the purchase of the Property using the Land Acquisition Fund at a purchase price of $1,015,000.00, plus closing costs estimated not to exceed $4,500.00; and FURTHER, the Commission hereby authorizes the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 12th day of April 2018. APPROVED: Mike Wilson Chair Tom Kirk Executive Director
Exhibit A Description of Real Property to be acquired The land referred to herein is situated in the City of Palm Springs, State of California, County of Riverside, described as follows. 28.72 Acres in Por NW 1/4 of Sec 31 T3S R5E, APN: 660-290-012 42.67 Acres M/L in Por SW 1/4 of Sec 31 T3S R5E, APN 660-300-001 6.26 Acres M/L in Por W 1/2 of Sec 31 T3S R5E, APN 660-300-005 155.98 Acres M/L in Por NW 1/4 of Sec 36 T3S R4EA, APN 669-460-007 25.96 Acres M/L in Por SW 1/4 of Sec 36 T3S R4E, APN 669-470-035 79.00 Acres in Por SW 1/4 of Sec 36 T3S R4, APN 669-490-002
Acceptance of Six Parcels in the Whitewater Floodplain Conservation Area totaling 338.59 Acres INDIAN CANYON PALM SPRINGS 669470035 669460007 660290012 10 Legend C Proposed Parcel Acquisitions Acquisitions Since 1996 CVMSHCP Conservation Areas City Boundaries Parcels Streets } 111 669490002 660300001 660300005 GENE AUTRY VISTA CHINO ^ Ü 0 G:\ovizcarra\Maps for Presentations\color\CVCC April2018\Whitewater Floodplain.mxd Miles 0.5 1 2 Disclaimer: Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. CVAG and the County of Riverside make no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user.
ITEM 8.1 COACHELLA VALLEY CONSERVATION COMMISSION ATTENDANCE ROSTER CALENDAR YEAR 2018 Jurisdictions/Permittees CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE COUNTY - 1st Dist. RIVERSIDE COUNTY - 2nd Dist. RIVERSIDE COUNTY - 3rd Dist. RIVERSIDE COUNTY - 4th Dist. RIVERSIDE COUNTY - 5th Dist. COACHELLA VALLEY WATER DISTRICT IMPERIAL IRRIGATION DISTRICT MISSION SPRINGS WATER DISTRICT Feb. April May June Sept Nov. X X X X X X X X X X T X T X 1 = Member in Attendance = Member in Attendance via Teleconference = Member arrived after Roll Call = Absent 4/4/2018
ITEM 8.2 Staff Report Subject: Contracts Under $25,000 Contact: Jim Sullivan, Coachella Valley Conservation Commission (jsullivan@cvag.org) RECOMMENDATION: Information only. BACKGROUND: The following contracts were signed by the Executive Director under his signature authority: 1) An amendment to the contract with CRM Tech to complete a cultural resources survey. The amendment will extend the contract term through June 30, 2018 and add the additional task of completing an archaeological testing plan for the proposed monitoring well site at Palm Ave and 20 th Ave in Desert Hot Springs. The amount of the contract will remain at the not to exceed amount of $20,000 as first reported in the January 12, 2017 agenda; 2) Three appraisal contracts with Capital Realty Associates, APN 750-290-001, 002, in East Indio Hills Conservation Area for $4750.00 in January 2018,APN 773-030-006 in Santa Rosa and San Jacinto Mts Conservation Area- for $4500.00 in March 2018, and APNs 660-020-003-008 in the Willow Hole Conservation Area for $6500.00 in March 2018. FISCAL ANALYSIS These expenses are included in the CVCC Budget.