www.wrc-rca.org
MEETING AGENDA* *Actions may be taken on any item listed on the agenda. Non-exempt materials related to an item on this agenda submitted to the RCA Board after distribution of the agenda packet are available for public inspection at the RCA Offices, 3403 Tenth Street, Suite 320, Riverside, California, during normal business hours. Such documents are also available on the Western Riverside County Regional Conservation Authority website at www.wrc-rca.org subject to staff’s ability to post the documents before the meeting. Alternative formats are available upon request by contacting the Clerk of the Board at (951) 955-9700. Notification of at least 72 hours prior to meeting time will assist staff in accommodating such requests.
Monday, May 1, 2017 12:30 p.m. Riverside County Administrative Center First Floor Annex – Board Hearing Room 4080 Lemon Street Riverside, CA 92501 In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Board meeting, please contact the Clerk of the Board at (951) 955-9700. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting.
1.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
3.
ROLL CALL
4.
PUBLIC COMMENT
At this time members of the public can address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Each individual speaker is limited to speak three (3) continuous minutes or less. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a “Request to Speak” form from the Clerk of the Board. The completed form is to be submitted to the Clerk of the Board prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. Any written documents to be distributed or presented to the RCA Board of Directors shall be submitted to the Clerk of the Board.
5.
BOARD MEMBER ANNOUNCEMENTS (This item provides the opportunity for the Board Members to report on attended meetings/conferences and any other items related to RCA activities.)
RCA BOARD OF DIRECTORS AGENDA Page 2 of 4 May 1, 2017
6.
ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.)
7.
APPROVAL OF MINUTES — March 6, 2017
8.
RECOGNITION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN RCA AND RIVERS & LANDS CONSERVANCY REGARDING HABITAT MANAGEMENT PURSUANT TO THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
9.
CONSENT CALENDAR (All matters listed under the Consent Calendar will be approved in a single motion unless a Board Member requests separate action on specific Consent Calendar item. The item will be pulled from the Consent Calendar and placed for discussion.)
9.1
WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS FOR FEBRUARY AND MARCH 2017 Overview - Staff Report This item is for the RCA Board of Directors to receive and file the Western Riverside County MSHCP Fee Collection Reports for February and March 2017.
9.2
NON-DEVELOPMENT HANS FUNDING LEVEL FOR FISCAL YEAR 2018 Overview - Staff Report This item is for the RCA Board of Directors to direct staff to continue to set aside no more than three percent (3%) of Western Riverside County Multiple Species Habitat Conservation Plan Local Development Mitigation Fees received, effective July 1, 2017, to purchase Non-Development HANS properties under Section 1.13 of the Land Acquisition Policies.
9.3
RECURRING CONTRACTS FOR FISCAL YEAR 2018 Overview - Staff Report That the RCA Board of Directors: 1)
Approve the Recurring Contracts for Fiscal Year 2018; and
2)
Authorize the RCA Executive Director, pursuant to legal counsel review and approval, to execute said agreements on behalf of the RCA.
RCA BOARD OF DIRECTORS AGENDA Page 3 of 4 May 1, 2017
9.4
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR AUDITING SERVICES Overview - Staff Report This item is for the RCA Board of Directors to approve the Professional Services Agreement between the RCA and Brown Armstrong Accountancy Corporation, for audit services for the year ended June 30, 2017 with an option to extend the term of the agreement for additional one year term not to exceed four years.
10.
RESOLUTION NO. 2017-004, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING AN UPDATED CRITERIA REFINEMENT CLARIFICATION POLICY AND FINDING ADOPTION OF THE POLICY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Overview - Staff Report This item is for RCA Board of Directors to adopt Resolution No. 2017-004, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting an Updated Criteria Refinement Clarification Policy and Finding Adoption of the Policy Exempt from Review Under the California Environmental Quality Act.
11.
RESOLUTION NO. 2017-005, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING THE FISCAL YEAR 2018 OPERATING AND CAPITAL BUDGET Overview - Staff Report This item is for RCA Board of Directors to approve Resolution No. 2017-005, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting the Fiscal Year 2018 Operating and Capital Budget.
12.
BIOLOGICAL MONITORING PROGRAM WORK PLAN AND COST ESTIMATE FOR FISCAL YEAR 2017-18 Overview - Staff Report This item is for the RCA Board of Directors to approve the Biological Monitoring Program Work Plan and Cost Estimate for Fiscal Year 2017-18.
13.
LAND ACQUISITION UPDATE
RCA BOARD OF DIRECTORS AGENDA Page 4 of 4 May 1, 2017
14.
ITEMS FOR NEXT MEETING Board Members are invited to suggest additional items to be brought forward for future discussion.
15.
CLOSED SESSION ITEMS: 15.1
15.2
CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCA – Executive Director of Designee Under Negotiation: Price/Terms Item 1
Assessor Parcel No. 932-180-033 932-180-034
Property Owner(s)/Agent Beresford Properties Judson Real Estate Cindy Cochran
2
Tuscany Hills Landscape and Recreation Corporation Jenny Bonnar
3
363-080-038 363-080-039 363-080-029 363-180-026 935-020-010
4
363-090-008
Raghbir Bhathal Martha Bhathal Ed Sauls
Belinda Torrez Morton Chang
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to paragraph 1 of Subdivision (d) of Government Code Section 54956.9 Case No. MCC1300351 JPR, Inc., dba Silverado Ranch Estates vs. California Department of Fish and Game; County of Riverside; Western Riverside County Regional Conservation Authority
16.
ADJOURNMENT The next meeting of the Western Riverside County Regional Conservation Authority Board of Directors is scheduled for Monday, June 5, 2017, at 12:30 p.m., at the County of Riverside Administrative Center, Board Room, 4080 Lemon Street, Riverside, California.
www.wrc-rca.org
The Western Riverside County Regional Conservation Authority was established in 2004 as a joint powers authority to administer the 2003 Western Riverside County Multiple Species Habitat Conservation Plan. Currently, the Authority consists of eighteen (18) cities and the county.
MEETING Monday May 1, 2017 12:30 p.m. Riverside County Administrative Center Board Room, First Floor, 4080 Lemon Street, Riverside, CA 92501 ______________________________________________________________________________________
OFFICERS Marion Ashley, Chairman
Jonathan Ingram, Vice-Chairman
County of Riverside, District 5
City of Murrieta
BOARD MEMBERS Daniela Andrade
Kevin Bash
City of Banning
City of Norco
Julio Martinez
David Starr Rabb
City of Beaumont
City of Perris
Jeffrey Hewitt
Andy Melendez
City of Calimesa
City of Riverside
Vicki Warren
Crystal Ruiz
City of Canyon Lake
City of San Jacinto
Eugene Montanez
Maryann Edwards
City of Corona
City of Temecula
Clint Lorimore
Timothy Walker
City of Eastvale
City of Wildomar
Michael Perciful
Kevin Jeffries
City of Hemet
County of Riverside, District 1
Verne Lauritzen
John Tavaglione
City of Jurupa Valley
County of Riverside, District 2
Natasha Johnson
Chuck Washington
City of Lake Elsinore
County of Riverside, District 3
Matt Liesemeyer
Vacant
City of Menifee
County of Riverside, District 4
Jeffrey Giba City of Moreno Valley
Charles Landry, Executive Director
AGENDA ITEM NO. 7 MINUTES March 6, 2017
egional onservation Authority
Westem Rlv.,slde Co11nty
www.wrc-rca.org
MEETING MINUTES
1.
CALL TO ORDER The meeting of the W.estern Riverside County Regional Conservation Authority was called to order by Chairman Ashley at 12:35 p.m. on March 6, 2017, in the Board Room of the Riverside County Administrative Center, 4080 Lemon Street, Riverside, California, 92501.
2.
PLEDGE OF ALLEGIANCE Board Member Washington led the RCA Board Members and meeting attendees in a flag salute.
3.
ROLL CALL
-
Roll Call was noted by Rose Haro, RCA Administrative Manager.
Member Agency
Board Member Name
Status
City of Banning
George Moyer
Absent
·
tArrived
City of Beaumont
Julio Martinez
Present
12:06PM
City of Calimesa
Jeffr�y Hewitt
Present
12:32 PM
City of Canyon Lake
Vicki Warren
Present
12:26 PM
City of Corona
Eugene Montanez
City of Eastvale
Clint Larimore
City of Hemet
MichaelPerciful
City of Jurupa Valley
Verne Lauritzen
City of Lake Elsinore
Natasha Johnson
City of Menifee
Matt Liesemeyer
City of Moreno Valley
Jeffr�y Giba
City of Murrieta
Jonathan Ingram
City of Norco
Kevin Bash
City of Perris
David Starr Rabb
City of Riverside
And� Melendrez
City of San Jacinto
Crystal Ruiz
City of Temecula
Mar ann Edwards
City of Wildomar
Timothy Walker
District 1 District 2
[
Kevin Jeffries John Tavaglione
District 3
Chuck Washington
District 4
Vacant
District 5
I
Marion Ashle , Chairman
Western Riverside County Regional Conse1Vation Authority
Page 1
1 Absent
t
Present
Present
I 12:31 PM
�
Present
12:08 PM 12:29 PM
I
Present
12:28 PM
Present
12:25 PM
Present
12:05PM
Present
12:11PM
Present
12:32 PM
Present
l
Absent Present Present Present
1
12:35 PM 12:28 PM 12:32 PM 12:07PM
Present
12:35PM
Present
12:33PM
Present
f:bsent
Present
I
�
12:26PM 12:29 PM
Regular Me eting
4.
Minutes
March 6, 2017
PUBLIC COMMENT Chairman Ashley called for public comments regarding items not listed on the agenda.
There
were no public comments.
5.
BOARD
MEMBER
opportunity
for
ANNOUNCEMENTS
the
Board
(This
Members
to
item
provides
report
on
the
attended
meetings/conferences and any other items related to RCA activities.) Chairman Ashley called for Board Member announcements.
There were no Board Member
announcements.
6.
ADDITIONS/REVISIONS
(The Board may add an item to the Agenda
after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote.
Added items will be placed for discussion at the end of the
agenda.) Rose Haro, RCA Administrative Manager, announced that Agenda Item 14.1 was pulled from the agenda.
7.
APPROVAL OF MINUTES
-
February 6, 2011 meeting of the RCA Board of
Directors.
APPROVED AS RECOMMENDED [UNANIMOUS]
MOVER:
District 3
SECONDER:
City of Moreno Valley
AYES:
Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Jurupa Valley, Lake
L
ABS_E_N_T:_
8.
l
RESULT:
Elsinore,
Menifee,
Moreno Valley,
Murrieta,
Norco, Perris, San Jacinto,
Temecula, Wildomar, District 1, District 2, District 3, District 5 c ity of Banning, City of Corona, City of Riverside, District 4 _
__
-----�
CONSENT CALENDAR (All matters listed under the Consent Calendar will be approved in a single motion unless a Board Member requests separate action on specific Consent Calendar item.
The item will be
pulled from the Consent Calendar and placed for discussion.) Chairman Ashley pulled agenda item 8.2 for discussion at the request of Board Member Perciful.
Western Riverside County Regional Conservation Authority
Page 2
Regular Meeting
8.1
March 6, 2017
Minutes
WESTERN
RIVERSIDE
COUNTY
MSHCP
FEE
COLLECTIONS
REPORT
FOR
JANUARY 2017
OvetView This item is for the RCA Board of Directors to receive and file the Western Riverside County MSHCP Fee Collections Report for January 2017. Motion to: approve Agenda Item No. 8.1 as recommended
RESULT:
APPROVED AS RECOMMENDED [UNANIMOUS]
MOVER:
City of Murrieta
SECONDER:
District 2
AYES:
Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Jurupa Valley, Lake Elsinore,
Menifee,
Moreno Valley,
Murrieta,
Norco, Perris, San Jacinto,
Temecula, Wildomar, District 1, District 2, District 3, District 5 ABSENT:
City of Banning, City of Corona, City of Riverside, District 4
At this time, Chairman Ashley addressed the following pulled Consent Calendar item:
8.2
WESTERN RIVERSIDE COUNTY MSHCP LOCAL DEVELOPMENT MITIGATION FEE AUTOMATIC ANNUAL CPI ADJUSTMENT Honey Bernas, Director of Administrative Services. reported that the MSHCP calls for an annual automatic CP1 adjustment and fee ordinances adopted by Member Agencies reflect this requirement.
She advised that the Executive Committee and staff are
recommending that the CPI adjustment be approved this year. Board Member Perciful commented that there is a shortage of new homes being constructed in California. In his opinion, if the automatic CPI increase was postponed for this year, it could help to spur new development.
He stated that there is a lack of
development in the San Jacinto Valley, and developers consider several factors, including fees, in determining if they will develop. He further stated that the median price for housing is in the low $200 thousands, and as a result, the valley is not experiencing new development because developers have to take all fees into consideration before they will make the determination to build.
He believes if some of these fees could be
mitigated on a short-term basis, it might help to help spur development. Vice Chairman Ingram asked Honey
Bernas to expand upon the intent of CPI
Adjustment and where the funding is allocated.
Honey Bernas responded that the CPI
Adjustment would provide additional MSCHP revenue that RCA uses to acquire land, which is a requirement under RCA's permits.
She further explained that the CPI
adjustment was not implemented for six years due to the economy.
She stated that
although the increases appear smatl, the cumulative impact of not implementing the adjustments over those six years was approximately $2.4 million in revenue not received by RCA
Foregoing another CPI adjustment could equate to a loss of approximately
$216 thousand in MSHCP fees for RCA just for that year. Vice Chairman Ingram stated that during those six years, with an annual 2% escalator, the fees would have been
Western Riverside County Regional Conservation Authority
Page 3
Regular Meeting
Minutes
March 6, 2017
adjusted upward by approximately 12-12.5%. Honey Bernas stated that the adjustments equaled 8.54% for the six years the CPI adjustment was not implemented. Chairman Ashley said when the economy was bad, everyone cut their fees in half or held back an increase. Now the economy is better, but there is a good argument that fees should not be raised due to the cost of housing. If the increase is held back another year, it could jeopardize the MSHCP, and without the MSHCP, no one will be building in Riverside County. Board Member Edwards said that there are pockets in Riverside County which are still struggling to come out of the recession, and San Jacinto is one of those areas. She said that it appears that buying a home in San Jacinto is a great bargain, which is an excellent marketing tool. Although she understood how foregoing the CPI adjustment could appear to be an answer, but agreed with Chairman Ashely that the CPI adjustment has to be picked up at some time. Because of the many years that RCA has not implemented the CPI adjustment, it is behind the curve and needs to catch up. She wished San Jacinto Valley well and reiterated that buying a home in the San Jacinto Valley appears to be a great bargain. Board Member Perciful responded stating that the San Jacinto Valley is a great bargain and unfortunately builders are not yet seeing the value to offset their costs. It is a great value, however, California still has a shortage of homes. It's a double edged sword. Trying to maintain and build affordable housing is a challenge. He agrees that from the top down, everyone is being bombarded with more fees. The TUMF, for one, is going up again. These are things builders have to consider. If developers start and continue to build, it will increase revenue coming into RCA. Honey Bernas advised that the fee increase is $20 to $39 per residential unit. RCA has informed the BIA of this adjustment, and while they a re not in favor of fee increases, they are not present to oppose this adjustment. Vice Chairman Ingram stated that he fundamentally does not agree with increasing any fees when it can be avoided. However, this program is necessary, and as a developer of 35 years, he knows that without the MSHCP, development would come to a halt. He would have preferred that the CPI adjustment had been implemented consistently each year because not adjusting the fees has impacted RCA. The premise is to complete the MSHCP program. In order for RCA to get to the management phase, it has to assemble the reserve. By not implementing t he CPI adjustments, RCA will not complete the reserve assembly phase of the program, and this CPI adjustment is necessary. His objective is to see this program completed successfully. Board Member Hewitt said that he agrees with Board Member Perciful from the City of Hemet. He stated it is hard to do what one is mandated to do. On one side there is a mandate to put this program together with a certain amount of land set aside for species. On the other side, it is very tenable to bounce back from the horrible recession. He said that Honey Bernas stated that the increase is $20 - $39 per unit, but eventually after so many fee increases, the camel collapses. Calimesa has 7 ,000 units ready to be built. It's not just the MSHCP fees, the WRCOG fees and all the rest. It is also a matter of getting water. He stated that the biggest crisis is not animals going extinct, but human habitation going extinct because there are not enough homes. He supported delaying
Western Riverside
County Regional Conservation Authority
Page 4
Regular Meeting
Minutes
March 6, 2017
the CPI adjustment in an effort to jump start development in the San Jacinto Valley and over the hill in the City of Calimesa. Honey Bernas stated that the MSHCP fees are based on the original nexus study completed in 2003. Because the fee has not been increased for six years, RCA has held She stated her belief that RCA needs to protect its permits and do
their fees very low. what is mandated.
Charles Landry advised that there has been no nexus study update, nor any significant increase since the inception of the program in 2004.
The fee increase due to the CPI
adjustment is relatively small, but it is meaningful to RCA. Board Member Ruiz expressed her understanding of Board Member Perciful's frustration and worry regarding these fees because every fee hits the San Jacinto Valley twice as hard as it does others.
She stated that she had weighed the proposed increase very
heavily and was glad that Board Member Perciful requested that the item be pulled. She said that San Jacinto Valley is the place to go to buy a beautiful home at a decent price i to Valley is attracting a certain She noted that the problem with is that the San Jacn quality of people that want affordable prices. What needs to be considered is what type of people one wants to attract to the San Jacinto Valley and whether or not a $39 increase is really going to affect that. The focus should be on those fees that are raised disproportionately.
With regard to commercial and industrial development, the City of
Hemet is doing well compared to San Jacinto. The CPI adjustment does concern Board Ruiz; however, cities want to attract quality people, and a $39 increase is not going to affect quality people.
Quality people will still want to come to the valley.
In her opinion,
the low income people that the City is struggling to get in are the most affected, but they will come anyway since the price of housing is low. development is slowly moving forward.
Developers are starting to build and
She stated that if a buyer cannot afford $39,
then perhaps they should not be buying a house.
Overview This item is for the RCA Board of Directors to approve implementing the automatic annual CPI adjustment for Western Riverside County MSHCP local Development Mitigation Fees effective July 1, 2017. Motion to: approve Agenda Item No. 8.2 as recommended
RESULT:
APPROVED AS RECOMMENDED [UNANIMOUS]
MOVER:
City of Menifee
SECONDER:
City of Norco
AYES:
Beaumont, Canyon Lake, Lake Elsinore, Menifee, Moreno Valley, Murrieta,
NAYS:
Calimesa, Hemet, Jurupa, District 1, District 3
ABSTAIN:
Eastvale
ABSENT:
City of Banning City of Corona, City of Riverside, District 4
Norco, Perris, San Jacinto, Temecula, Wildomar, District 2, District 5
,
Western Riverside County Regional Conse1Vation Authority
Page 5
Regular Meeting
9.
Minutes
March 6, 2017
FISCAL YEAR 2017 SECOND QUARTER FINANCIAL REPORT Honey Bernas, Director of Administrative Services, presented an overview of the Fiscal Year
2017 Second Quarter Financial Report as follows: As of December 31, 2016, the RCA's cash balance was $27.9 million, which represented a $6.9 million
decrease from
the prior year's
ending
cash
balance.
Cash
receipts
totaled
approximately $14.9 million, and cash disbursements totaled approximately $21.8 million. The cash balance as of March 5, 2017, was $31.6 million, with an additional $4.5 million set aside for the endowment for a total of $36.1 million. In the Operations Program, revenues of $467 thousand exceeded expenditures of $162 thousand by $305 thousand. The excess was primarily due to an infrastructure contribution of $232,670 from the City of Beaumont the Potrero Boulevard Bridge Project. Honey Bernas stated that the City of Beaumont worked with RCA for several years to ensure that the fees for this project were remitted to RCA.
She expressed her appreciation for the City's efforts and
collaboration. In the Land Management and Monitoring Program, total revenues of $1.59 million, exceeded expenditures of $1.21 million by $378 thousand. Fees.
A budget of $2.4 million was set for Tipping
Year-end projections are $2.7 million. A journal in the amount of $1.5 was prepared by
the Executive Office of the County of Riverside for the first six months of Fiscal Year 2017. In the Land Acquisition Program, total expenditures of $21.2 million exceeded revenues of $14.3 million by $6.9 million.
There is a $7.4 million draw on fund balance, which is due to the
acquisition that RCA entered into in 2011 for the purchase of a large property in nine phases. In September 2016, the RCA Board approved accelerating the purchase of Phases 6, 7 and 8 of the project which saved RCA $1.85 million. During the first six months of the fiscal year, RCA acquired 12 properties totaling approximately 1,062 acres. In addition, three land donations were received with a combined total of 268 acres. In total, RCA added 1,330 acres to the reserve in the second quarter of Fiscal Year 2017. The financial report includes a proposed budget adjustment of $80 thousand to estimated revenues and appropriations in the Land Management and Monitoring Program.
Currently, the
RCA owns nine vehicles which are being operated by ten park rangers. Since its inception, the RCA's Natural Resources Manager's time has been shared between County Parks and RCA. Effective January 2017, the Reserve Manager is fully dedicated to the RCA.
The vehicle
assigned to the Reserve Manager was owned by County Parks and is no longer available for use on RCA lands, creating a shortage of one vehicle for RCA's Land Management Program which needs to be replaced.
In addition, two of the trucks in RCA's Land Management fleet
were acquired in 2006, and although operational, they have high mileage and extensive maintenance repairs are often necessary.
Therefore, a proposed a budget adjustment of $80
thousand to increase the Tipping Fees and vehicle appropriations by the same amount.
Western Riverside County Regional Consetvation Authority
Page 6
Regular Meeting
Minutes
March 6, 2017
Overview This Item is for the RCA Board of Directors to: 1)
Receive and file the Fiscal Year 2017 Second Quarter Financial Report;
2)
Approve the budget adjustment contained in the attached Exhibit A; and
3)
Authorize the
Chairman
to direct
the
Auditor-Controller to
make the
budget
adjustments as contained in the attached Exhibit A. Motion to: approve Agenda Item No. 9 as recommended
RESULT:
APPROVED AS RECOMMENDED [UNANIMOUS]
MOVER:
District 3
SECONDER:
District 2
AYES:
Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Jurupa Valley, Lake Elsinore,
Menifee, Moreno Valley,
Murrieta, Norco, Perris, San Jacinto,
Temecula, Wildomar, District 1, District 2, District 3, District 5 City of Banning, City of Corona, City of Riverside, District 4
ABSENT:
10.
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND ECONOMIC & PLANNING SYSTEMS, INC., FOR A NEXUS STUDY UPDATE
AND
DEVELOPMENT
OF
A
FEE
IMPLEMENTATION
HANDBOOK Honey Bernas, Director of Administrative Services, stated that RCA's MSHCP fees are based upon the original Nexus Study that was completed in 2003 and recommended that a Nexus Study Update be completed to revise the mitigation fee to reflect the current market conditions and the values of land needed along with Land Management and Monitoring requirements and the funding of an endowment necessary for the MSHCP. She stated that the Nexus Study Update is important at this time in order to develop options for calculating public and infrastructure contributions, update associated ordinances in order that fees can be used for reserve management, and to develop a clear, concise Fee Implementation Handbook for use by all Member Agencies.
The Nexus Study developed may be useful for evaluating the status of
the acquisition efforts and possible extension of the 25-year acquisition period. In 2011 RCA did a competitive selection process, and an RCA Review Committee selected Economic Update.
&
Planning Systems, Inc., (EPS) as the most qualified to complete a Nexus Study
The study began and EPS worked extensively with RCA staff in 2012 and 2013.
However, due to the recession, efforts were discontinued.
She advised that staff is requesting
that RCA re-engage EPS to complete the Nexus Study Update.
The proposed work program
will build upon the detailed analysis which was conducted in 2012 and 2013.
While the data
used in that report is outdated, many of the methodologies developed can be re-applied and much of the prior data can be re-used, which will save money and considerable staff time.
Western Riverside County Regional Conservation Authority
Page 7
Regu la r Meeti n g
Minutes
March 6, 2017
Vice Chairman Ingram stated that purpose of completing this study is to ensure that when RCA comes to the end of this program, that there are sufficient funds to manage the reserve in He stated that this has been an issue with all of these programs that has always
perpetuity.
disturbed him. Citing the proposed CPI adjustment on today's agenda as a prime example, he asked how, at the end of the acquisition period, RCA will manage the reserve if there are no funds or not enough money in the endowments.
He stated that the Nexus Study Update is a
good thing, as it will provide RCA a clear path to follow and show what is required to conclude this program, which is the intent.
He stated that is was his belief that everyone wants the
program to come to an end at some point.
It stated that it is imperative!
He asked that the
Nexus Study evaluate extending the program for five to ten years vs. implementing an increase that would allow RCA to expedite acquisitions without extending the period.
Overview This item is for the RCA Board of Directors to:
1)
Approve the Professional Services Agreement between the RCA and Economic & Planning Systems, Inc., for a Nexus Study Update and Development of a Fee Implementation Handbook; and
2}
Authorize the Executive Directors, upon legal counsel's review and approval, to execute said agreement on behalf of the RCA.
Motion to: approve Agenda Item No.10 as recommended
I
RESULT:
APPROVED AS RECOMMENDED [UNANIMOUS]
MOVER:
City of San Jacinto
SECONDER:
City of Perris
AYES:
Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Jurupa Valley, Lake Elsinore,
Menifee,
Moreno Valley,
Temecula, Wildomar, District ABSENT:
11.
1,
Murrieta,
District
2,
Norco, Perris, San Jacinto,
District 3, District 5
City of Banning, City of Corona, City of Riverside, District 4
EXECUTIVE DIRECTOR'S REPORT 11.1
Section 6 Update
Charles Landry, Executive Director, explained that Section 6 is the only federal funding that RCA is currently eligible for.
The state and federal governments are responsible for
approximately one-third of all the acquisitions, and to-date, they are right in line with where they are supposed to be referenced to how much money has been spent locally. received approval to move forward with the
FY2017
grant funds.
The RCA has
The RCA was awarded
$1 million in potential match funds from the California The RCA has also applied for FY2018 funding in the amount of $2 million, the cap. Staff anticipates the results of that application in September/October 2017.
million and is eligible for approximately
$2
State of which is
At this time, Charles Landry introduced RCA's new staff member Elizabeth "Betsyn Dionne. Betsy is RCA's Ecological Resources Specialist.
She was formerly a Reserve Manager with
Riverside County Regional Park & Open-Space District. with JPR's, land management and monitoring.
Western Riverside County Regional Conservation Authority
Page B
She will be assisting Laurie Correa
Re g ula r Meetin g
12.
Minutes
March 6, 2017
LAND ACQUISITION UPDATE Charles Landry, Executive Director, stated that there were no acres added to the reserve since the last Board meeting on February 6, 2017, which is unusual. He further stated that the total reserve is approximately 54,791 acres, with a little more than 98,000 yet to acquire.
13.
ITEMS FOR NEXT MEETING Chairman Ashley asked if any Board Members had items for the next meeting. There were no requested items.
14.
CLOSED SESSION ITEMS: Agenda Item No. 14.1 was pulled during the Additions/Revisions to agenda portion of this meeting and not discussed by Board of Directors 14.1
CONFERENCE WITH
.
LEGAL COUNSEL - EXISTING LITIGATlON Pursuant to
paragraph 1 of Subdivision (d) of Government Code Section 54956.9 Case No. MCC1300351 JPR, Inc.. dba Silverado Ranch Estates vs. California Department of Fish and Game; County of Riverside; Western Riverside County Regional Conservation Authority
15.
ADJOURNMENT There being no other items before the RCA Board, Chairman Ashley adjourned the meeting at 1 :02 p m The next meeting of the Western Riverside County Regional Conservation Authority .
.
Board of Directors is scheduled for Monday, April 3, 2017, at 12:30 p.m. at the County of Riverside Administrative Center, Board Room, 4080 Lemon Street, Riverside, California.
tr�&·
Prepared By:
RCA Administrative Manager
Respectfully submitted: Honey Bernas Director of Administrative Services
Western Riverside County Regional Conservation Authority
Page 9
AGENDA ITEM NO. 9.1 WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS FOR FEBRUARY AND MARCH 2017
STAFF REPORT
May 1, 2017 Agenda Item No. 9.1
R egional Conservation Authority
WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS FOR FEBRUARY AND MARCH 2017 Staff Contact:
Honey Bernas Director of Administrative Services (951) 955-9700
Background: The RCA Executive Committee directed staff to report on Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee (LDMF) Collection and Civic/Infrastructure Contribution on a monthly basis. Attached are the reports for February and March 2017. The reports were prepared on a cash basis and, therefore, reflect the cash received by RCA during that month. Executive Committee and Staff Recommendation: That the RCA Board of Directors receive and file the Western Riverside County MSHCP Fee Collection Reports for February and March 2017. Attachments 1) Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for February 2017 2) Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for March 2017
AGENDA ITEM NO. 9.1 Attachment 1 WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR FEBRUARY 2017
WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR FEBRUARY 2017 CASH BASIS LOCAL DEVELOPMENT MITIGATION FEE COLLECTIONS EXEMPTIONS & FEE CREDITS
REMITTED
City/County City of Banning City of Beaumont City of Calimesa City of Canyon Lake City of Corona City of Eastvale City of Hemet City of Jurupa Valley City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Perris City of Riverside City of San Jacinto City of Temecula City of Wildomar County of Riverside
Month January-No Activity January received in March January-No Activity January-No Activity January-No Activity January January-No Activity January January-No Activity January January January-No Activity December January January December January January January Roripaugh DA1 January February Total LDMF Collections
Residential Permits
Commercial/ Industrial Acres
54
9.2
$62,240
1.6
$118,213
50.8
$113,544 $344,424
57
1.1 2.3 1 1 14 11 1
18.2
$7,236 $15,536 $1,992 $1,992 $43,671 $21,912 $125,186
10 59 208
0.1 3.1 90.0
$20,293 $138,749 $1,014,988
3.7
CIVIC AND INFRASTRUCTURE CONTRIBUTIONS City of Moreno Valley Kitching - Electrical Substation 1.87 acres. Riverside County Flood Control & Water Conservation District
Amount Remitted
Banning MDP Line D-2, Stages 1 and 2 Lateral D-2A, Stage 1 Total Civic/Infrastructure Contributions TOTAL FEBRUARY 2017
1) Roripaugh Development Agreement dated 12/17/02. Project is exempt under AD161.
$12,679 $94,013 $106,692 $ 1,121,680
Residential Permits Amount
4
$7,968
4
$7,968
AGENDA ITEM NO. 9.1 Attachment 2 WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR MARCH 2017
WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR MARCH 2017 CASH BASIS LOCAL DEVELOPMENT MITIGATION FEE COLLECTIONS EXEMPTIONS & FEE CREDITS
REMITTED
City/County City of Banning City of Beaumont City of Calimesa City of Canyon Lake City of Corona City of Eastvale City of Hemet City of Jurupa Valley City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Perris City of Riverside City of San Jacinto City of Temecula City of Wildomar County of Riverside
Month February-No Activity January February February-No Activity February February received in April February February-No Activity February February Summerly Project1 February February received in April February February-No Activity February February received in April February February Roripaugh DA2 February March Total LDMF Collections
Residential Permits
Commercial/ Industrial Acres
Amount Remitted
33 31
$65,736 $61,752
3
$5,976
46
28.0
$190,111
3.5 4.1
$115,565 $27,595
27
Amount
16
$31,872
9
$17,928
25
$49,800
$53,824 4.7
$31,730
25
$49,800
32 30
$63,704 $31,080
14 86
$27,888 $171,312
327
Residential Permits
40.3
$896,074
CIVIC AND INFRASTRUCTURE CONTRIBUTIONS None Total Civic/Infrastructure Contributions TOTAL MARCH 2017 1) Summerly Project - Development agreement dated 8/24/04. Expiration date 9/23/14. Under review. 2) Roripaugh Development Agreement dated 12/17/02. Project is exempt under AD161.
$0 $
896,074
AGENDA ITEM NO. 9.2 NON-DEVELOPMENT HANS FUNDING LEVEL FOR FISCAL YEAR 2018
STAFF REPORT
May 1, 2017 Agenda Item No. 9.2
R egional Conservation Authority NON-DEVELOPMENT HANS FUNDING LEVEL FOR FISCAL YEAR 2018
Staff Contact:
Honey Bernas Director of Administrative Services (951) 955-2842
Background: The MSHCP allows property owners who do not intend to file a development application to submit their properties for evaluation and possible acquisition under the HANS process. Under pages 6-17 and 6-18 of the MSHCP, a list is to be established for properties that fall within this category. The Plan also provides that a separate designated fund be created to purchase properties on this priority list. Land Acquisition Policy 1.13 requires that the level of funding to be set aside for the purchase of Non-Development HANS properties be reviewed annually and set by the RCA Board of Directors. The Board established a funding level of 3% of Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fees for Fiscal Years 2014 through 2017. During FY2017 sufficient funds were accumulated in this fund to acquire the final phase of a 323.02 acre property on the list. The purchase and sale agreement called for the phased acquisition to be completed no later than December 31, 2024. Staff is pleased to report that sufficient funds were accumulated in the fund to acquire the property eight years earlier than originally agreed. The cash balance in the fund is projected at $180,000 by June 30, 2017. Currently there are no properties on the priority listing. However staff recommends continuing the 3% funding level for FY2017 to allow the fund to grow for future potential Non-Development HANS properties. Executive Committee and Staff Recommendation: That the RCA Board of Directors direct staff to continue to set aside no more than three percent (3%) of Western Riverside County Multiple Species Habitat Conservation Plan Local Development Mitigation Fees received, effective July 1, 2017, to purchase Non-Development HANS properties under Section 1.13 of the Land Acquisition Policies.
AGENDA ITEM NO. 9.3 RECURRING CONTRACTS FOR FISCAL YEAR 2018
STAFF REPORT
May 1, 2017 Agenda Item No. 9.3
R egional Conservation Authority
RECURRING CONTRACTS FOR FISCAL YEAR 2018
Staff Contact:
Honey Bernas Director of Administrative Services (951) 955-2842
Background: Since its inception in 2004, the Western Riverside County Regional Conservation Authority has maintained a small staff and contracted with agencies and consultants with expertise in various specialized fields to provide support services to implement and manage the Western Riverside County Multiple Species Habitat Conservation Plan. The RCA annually evaluates existing contracts for professional services that are due to expire. These contracts may be placed on the calendar for a new procurement solicitation, allowed to expire because they are no longer required, or included in the annual recurring contracts list that is subject to Board approval. This year’s list of recurring contracts includes consultants that are providing unique or specialized services and working closely with staff and the Board on long-term projects. Staff desires to retain a limited number of consultants on the recurring contract list because of their historical knowledge, unique experience, and understanding of the RCA, its mission and goals. Under limited circumstances, staff believes it is more cost-effective to retain the consultants on a recurring contracts list. Staff is recommending the approval of five recurring contracts for Fiscal Year 2018. Below is a proposed list of the proposed contracts, followed by a summary of the services provided. The contract amounts are included in the proposed Fiscal Year 2018 budget. Most recurring contracts contain quarterly reporting requirements and a cancellation term between seven (7) and 30 days.
Agenda Item No. 9.3 Staff Report Page 2 May 1, 2017
Consultant Name
Type of Service
Geographics
Public information materials and website development, maintenance and hosting
Kadesh & Associates
Governmental affairs
Thomas B. Mullen
Obtain funding and other special projects
FY 17-18 Proposed Contract Amount
FY 16-17 Contract Amount
Dollar Change FY17 – FY18
$
37,440
$
30,440
$
(7,000)
$
70,000
$
70,000
$
$
15,000
$
20,000
$
5,000
$
942,365
$
995,340
$
52,975
$
150,000
$
150,000
$
1,214,805
$
1,265,780
0
(Reimbursable expenses only) Santa Ana Watershed Association
Biological monitoring activities
Doug Wheeler
Loan Program
Total
0 $
50,975
Geographics Geographics has provided organizational branding and public information services and materials for RCA since 2009, including logo development, the creation of a recognizable and memorable set of graphic standards designed to appeal to community stakeholders, and a program of communications that explain the organization’s mission and report its progress including stakeholder-style annual reports, newsletters, and press releases. These services have been enhanced by Geographics’ long history with RCA’s inception, providing public information and countywide outreach during the Riverside County Integrated Project in the early 1990s through the development of the MSHCP and creation of RCA in 2004. Technology services and electronic communications have included website development, maintenance, hosting, and re-coding to improve navigation, and user experience. Maintenance and administrative services include applying the latest web technologies and approved security methodologies. Geographics also contributes a long-term historical knowledge of the website and its evolution, including its critical function as an online document repository for RCA. The scope of work also includes social media outreach, electronic newsletters, new aerial photography, on call service for collateral materials and media relations, and website enhancements. The proposed contract for FY2018 is $30,440, which represents a $7,000 decrease from the FY2017 contract amount.
Agenda Item No. 9.3 Staff Report Page 3 May 1, 2017
Kadesh & Associates Dave Ramey and Kadesh & Associates have represented RCA since November 1, 2017, when the previous contractor, David Kennett of Capital Alliance Consulting, left the private sector to work as Chief of Staff for Congressman Calvert. RCA has contracted with Kadesh & Associates since that date. Kadesh & Associates’ job is to ensure that the federal and state governments live up to the promises they made when they signed the MSHCP’s Implementing Agreement. In doing so, Kadesh & Associates: • • •
Advocates for government funding for HCP land acquisition through existing accounts; Seeks legislation to create new funding streams for HCP land acquisition; Identifies and addresses regulatory overreach by the U.S. Fish and Wildlife Service (USFWS) and other governmental agencies that threaten the MSHCP.
In the coming year, Kadesh & Associates will continue to pursue its primary objectives by advocating for more robust Section 6 funding and guarding against new rules that threaten the RCA’s ability to use the program. Kadesh & Associates will work toward securing additional appropriations to augment the new loan program included in the Water Resources Development Act (WRDA) law, renew efforts to include similar language for transportation projects, and push RCA’s stand-alone loan legislation. On the regulatory front, Kadesh & Associates will ensure that USFWS maintains its commitment to the MSHCP, particularly in any actions they take related to Critical Habitat Designations. Finally, staff expects Kadesh & Associates to undertake unforeseen projects/initiatives on behalf of RCA. This work will include contacts with our House and Senate representatives, the appropriations and authorizations Committees in each body, the Department of Interior, White House Office of Management and Budget, and others. Kadesh will also assist RCA staff on work related to the state government as requested. Kadesh & Associates has agreed to continue to provide services to RCA in Fiscal Year 2018 at the same rate as Fiscal Year 2017, which is a substantial discount from their standard rate for public agencies. Thomas B. Mullen Mr. Mullen has been assisting the RCA in its efforts to increase funding and the loan program pro bono, with the RCA reimbursing expenses only, since July 2010. Substantial progress on the loan program and other funding opportunities has been made and staff appreciates Mr. Mullen’s willingness to continue his efforts to assist the RCA in attaining its goals. Staff anticipates additional meetings in Washington, D.C., will be necessary this year, and is therefore recommending a $5,000 increase for travel reimbursements.
Agenda Item No. 9.3 Staff Report Page 4 May 1, 2017
Santa Ana Watershed Association (SAWA) The Biological Monitoring Program, which collects data on the MSHCP 146 Covered Species and their associated habitats, is a requirement and key component of the Multiple Species Habitat Conservation Plan (MSHCP). Upon the completion of a competitive procurement process in 2006, SAWA was awarded a professional services agreement to administer the Authority’s Biological Monitoring Program. The MSHCP requires the Monitoring Program Administrator to submit an Annual Work Plan and Cost Estimate for implementation of the Monitoring Program. This item is on the Board’s agenda as a separate item and describes SAWA’s monitoring activities planned, schedule for field work, and estimate of cost for personnel and operations. The Biological Monitoring Program staff is provided by the Santa Ana Watershed Association, a non-profit association made up of four inland area Resource Conservation Districts. For Fiscal Year 2018, SAWA proposes to provide staff with a 2.5% cost of living increase, upgrade the Lead Biologist position to a Biologist Supervisor, increase the training budget by $6,000 to provide needed staff training, and provide boot and cell phone allowances for 10 and 2 positions, respectively, resulting in an increase of approximately $52,975 over the current year contract amount. MSHCP biological monitoring services will be subject to a professional services request for proposals and consultant selection process during Fiscal Year 2018. Douglas Wheeler Wheeler’s involvement with the Riverside County Integrated Project (RCIP) and MSHCP began at their inception, while he was serving as California’s Secretary for Natural Resources in the cabinet of Gov. Pete Wilson. Then and now, his familiarity with applicable state and federal statutes, including the Endangered Species Act, have enabled him to speak effectively, and credibly, about the significance of RCA’s pioneering programs. Owing to his long experience and national reputation as an ESA expert, Wheeler contributed to the American Bar Association’s 2010 “Endangered Species Act: Law, Policy and Perspectives”. In his chapter on Habitat Conservation Plans, Wheeler describes the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) as “the most comprehensive application yet of habitat conservation planning.” In Washington, Wheeler has represented the Authority in its quest for effective implementation and adequate funding of the MSHCP. The initial focus on “stand alone” legislation to authorize loans and loan guarantees for habitat acquisition has been broadened to include the identification of legislative opportunities wherever they occur, now including the Water Resources Development Act of 2014 (WRDA) and re-authorization of MAP21, to provide for transportation infrastructure. Wheeler’s extensive network of contacts with Members of the Congress and their staffs, with agency officials, and with allied stakeholder groups, has given the Authority a strong, effective voice in Washington. Immediate priorities for 2017-18 include possible amendment and re-introduction of the “stand alone” legislation and adoption by the Environmental Protection Agency (EPA) of final regulations which provide ready access to WIFIA funds. In addition, Wheeler has been active in the continued development of the National HCP Coalition, which was established in November of 2015 to provide additional broad-based support for the Authority’s legislative and agency objectives in
Agenda Item No. 9.3 Staff Report Page5 May 1, 2017
Washington. He is also a participant in the Western Governors' Association (WGA) Endangered Species Act (ESA) Initiative, whose recommendations for expanded state involvement with ESA implementation under Section 6 was presented to the WGA annual meeting in June of 2016. To assure close coordination of his efforts with those of the Board, staff, and its other consultants, Wheeler is in frequent contact on matters of importance to the RCA, including visits to Washington and Sacramento. No increase in Wheeler's contract amount for Fiscal Year 2018 is being proposed. Executive Committee and Staff Recommendations: That the RCA Board of Directors: 1)
Approve the Recurring Contracts for Fiscal Year 2018; and
2)
Authorize the RCA Executive Director, pursuant to legal counsel review and approval, to execute said agreements on behalf of the RCA.
FINANCIAL INFORMATION In Proposed Fiscal Year 2018 Budget:
Cost: $1,265,780 Annual Cost: $NIA
Yes !Bl No D Source of Funds:
Budget Adjustment: NIA
Various RCA Funds
From To
Aooroved
by:(-,:/� t9.. " .>. � D� {}
Attachments: FY2018 Proposed Recurring Contracts
Date:
April 26. 2017
AGENDA ITEM NO. 9.3 Attachment 1 GEOGRAPHICS
AGREEMENT NO. 10001-8 AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND GEOGRAPHICS TO PROVIDE BRANDING AND PUBLIC INFORMATION MATERIALS
1.
PARTIES AND DATE
.
This Amendment No. 8 to the Professional Services Agreement is entered into this.1.§L day of--4.!d!Y,
2017 by and between the WESTERN
RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY ("RCA") and GEOGRAPHIC$ ("CONSULTANT").
The RCA
and the CONSULTANT are sometimes referred to individually as "Party" and collectively as "Parties." 2.
RECITALS. 2.1
On or about July 1, 2009, the Parties entered an agreement for the purpose of
providing consulting services required by RCA ("Agreement"). 2.2
On or about July 1, 2010, the Parties amended the Agreement to amend the
scope, extend the term to June 30, 2011, and revise the Total Compensation to provide for a "Not to Exceed" amount of $30,768.00 for the 2010-11 fiscal year. ("Amendment No. 1 ) "
2.3 On or about July 1, 2011, the Parties amended the Agreement to amend the scope, extend the term to June 30, 2012, and revise the Total Compensation to provide for a "Not to Exceed" amount of $30,768.00 for the 2011-12 fiscal year. ("Amendment No. 2") 2.4
On or about July 1, 2012, the Parties amended the agreement to amend the
scope, extend the term to June 30, 2013, and revise the Total Compensation to provide for a "Not to Exceed" amount of $30,768.00 for Fiscal Year 2012-13 ("Amendment No. 3"). 2.5
On or about July 1, 2013, the Parties amended the agreement to amend the
scope, extend the term to June 30, 2014, and revise the Total Compensation to provide for a "Not to Exceed" amount of $46,392.48 for the 2013-14 fiscal year ("Amendment No. 4"). 2.6
On or about July 1, 2014, the Parties amended the agreement to amend the
scope, extend the term to June 30, 2015, and revise the Total Compensation to provide for a "Not to Exceed" amount of $45,719.64 for Fiscal Year 2014-15 ("Amendment No. 5"). 2.7
On or about July 1, 2015, the Parties amended the agreement to amend the
scope, extend the term to June 30, 2016, and revise the Total Compensation to provide a "Not to Exceed" amount of $37,620.00 for Fiscal Year 2015-16 ("Amendment No. 6''). 2.8
On or about July 1, 2016, the Parties amended the agreement to amend the
scope, extend the term to June 30, 2017, and revise the Total Compensation to provide a "Not to Exceed" amount of $37,440.00 for Fiscal Year 2016-17 ("Amendment No. 7").
Page 1of2
Amendment No. 8 Agreement No. 10001-8 July 1, 2017
2.9
The Parties desire to further amend the Agreement with this Amendment No. 8
to amend the scope, extend the term to June 30, 2018, and revise the Total Compensation to provide for a "Not to Exceed" amount of $30,440.41 for Fiscal Year 2017-18. ("Amendment No. 8"). 2.10 3.
This Amendment is authorized pursuant to Section 3.5.15 of the Agreement.
TERMS. 3.1
Section 3.1.1 The services described in Exhibit A of the Agreement and all
previous Amendments are hereby replaced with Exhibit A of this Amendment No. 8. 3.2
Section
3.1.2
of
the
Agreement
is
amended
to
extend
the
term
until
June 30, 2018. 3.3. Section 3.3.1 of the Agreement is amended to read that Total Compensation shall not exceed $30,440.41 for Fiscal Year 2017-18 at the rates contained in Exhibit B attached hereto and incorporated herein. 3.4
Except as set forth herein, all provisions of the Agreement shall remain in full
force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 8. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 8 on the date first written above.
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
Charles V. Landry Executive Director ATTEST:
Honey Bernas Clerk of the Board Approved as.-to-F
�
Page 2 of 2
CONSULTANT
Lisa van Olden Managing Partner
Exhibit A
G -
GEOGRAPHICS April 4, 2017 RCA:
A Proposal to Provide Brandin g and Public In formation Materials
To:
Honey Bernas
I.
Overview
Geographies has provided organizational branding and public information services and materials for RCA since 2009, including logo development, the creation of a recognizable and memorable set of graphic standards designed to appeal to community stakeholders, and a program of communications that explain the organization's mission and report its progress including stakeholder-style annual reports, newsletters, and press releases. These services have been enhanced by Geographies' long history with RCA's inception, providing public information and countywide outreach during the Riverside County Integrated Project in the early 1990s through the development of the MSHCP and creation of RCA in 2004. Technology services and electronic communications have included website development, maintenance, hosting, and re-coding to improve navigation, and user experience. Maintenance and administrative services include applying the latest web technologies and approved security methodologies. Geographies also contributes a long-term historical knowledge of the website and its evolution, including its critical function as an online document repository for RCA. Currently, RCA maintains a public outreach and communications program that includes: • •
•
Organizational branding Newsletter-style Year in Review Newsletter
•
Press Releases
•
Outreach collateral including audience-specific brochures
•
Website
•
E-newsletters
RCA wishes to continue these efforts as well as extend its branding through other web-based and print communications and requires the professional services of a communications consultant to do so. The following proposal covers a series of print and electronic communications that form a basic communications program.
Branding/Public Information This work will include organizational branding and collateral materials to enhance awareness of how RCA works, and supports both the local environment and the economy to create an ongoing excellent quality of life for the region. t
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Newsletter (two per year, direct mailed, one of which may be a Year in Review) One-time public information materials including a calendar and counter top electronic display
•
On call services for collateral materials and press releases
Electronic Communications This work will include programming and distribution of the e-newsletter in Constant Contact, as well as development, operations and management of website, and webmaster services. Content Management System enhancements and custom applications will be coded and programmed as needed. •
E-newsletters (two per year)
•
Ongoing website hosting, maintenance, and technical support to staff
•
Ongoing social media updates Scope of Work
II.
Generally, the scope of work will include the following services: •
research
•
copywriting
•
photography (including aerial photography)
•
graphic design
•
multimedia production where required
•
public relations and media relations services
•
production, including data base development, CMS customization, custom application development where applicable, coding, and other tasks for online and electronic communications
•
printing
•
mailing services
•
media placement
The costs and quantities below are estimates based on current pricing and are subject to change. For example, postage costs and media placement costs are not subject to consultant control. Client staff participation will include: •
an initial direction-giving meeting
•
providing factual information and content where necessary
•
reviewing and approving designs and mockup
•
reviewing and approving final proofs
•
updates of mail and email lists
The following are details for the scope of work for each individual service: Newsletters (Year in Review Annual Report) Geographies retains a historical knowledge and understanding of the complex mechanics of the MSHCP-acquisitions, maintenance, membership, monitoring, and fee structure. This t. 951 369
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experience allows the consultant to proceed with no start-up time and to engage in the communication effort as a partner, serving as an extension of RCA staff. Each newsletter will begin by holding a story conference with the client. Based on the resulting outline, Geographies will perform all research and write all copy. Supporting onsite photography is included as required. Using the existing design, Geographies will then develop a draft of the newsletter for client review. As many as two revisions to the content are included prior to final art. Geographies will print and mail the newsletters. Social Media Social media networks-specifically Facebook and Twitter-provide useful reporting and promotional tools for public agencies. This kind of interaction can help to build stronger, more successful relationships with the public. Geographies will maintain and update RCA's social media account on Facebook on a regular weekly basis with recent acquisitions, training opportunities, habitat conservation, and other newsworthy items. Electronic Newsletters Using the newsletter content as a basis, Geographies will prepare and program an e-newsletter for distribution using the client's Constant Contact account. This work will include custom coding, proofing, creating a text version, creating an HTML interactive version resident on the client's website, and creating a PDF version for distribution and the client's document library. With each newsletter, Geographies will update the online distribution list from data provided by the client. Once a year, Geographies will update the template for minor changes to Constant Contact's platform and also maintain the account subscription. Website Maintenance and Hosting Geographies will work with the client to provide technical support and maintenance for the client's website and hosting, including troubleshooting and support for the client's server. RCA's website includes interactive maps and features, custom applications including very complex mapping, interfacing with third party applications, a large scale document storage in library format, and a Content Management System (CMS). This work will include updating text, graphics, and images as applicable, and support for posting publications. Geographies has a long-term relationship with Rackspace, knows their services and capabilities, and can rely on their 24/7 support. This is essential with a critical archive such as the RCA document library. Monthly charges vary with slightly by bandwidth requirements. A description of the client's dedicated hosting service is included below: Server: rca-web- e5f8c304-8e98-4d3f-9c3d-63670cda5af5 198.101 .155.208 2 GB Windows Server 2008 R2 SP1 80 GB Disk Backup Agent: Entire file system (�27 GB) backed up daily
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3
Server Configuration Fallback: Server Image I backup on config created daily Monitoring Agents: (performed from 3 different regions) Filesystem (hard disk space) [monitored 24/7/365 with checks every 60 seconds] Upcheck (server response) [monitored 24/7/365 with checks every 60 seconds] Pingcheck (response time) [monitored 24/7/365 with checks every 60 seconds] MemoryUsage (available resources) [monitored 24/7/365 with checks every 60 seconds] CPU Usage (available resources) [monitored 24/7/365 with checks every 60 seconds] With server administrators on duty 24/7/365, managed service level relationship with Rackspace provides an additional layer of reliability. Rackspace carries the following datacenter certifications: ISO 27002 ISO/IEC 27002 (formerly known as ISO/IEC 17799:2005, based on BS 17799) is the standard for information security controls published by the International Organization for Standardization (ISO). The standard includes advice on aims and implementation of the controls, but does not mandate specific controls because each organization will have unique requirements based on a specific risk assessment. The Rackspace information security program is based on ISO/IEC 27002 policies and procedures. ISO 27001 ISO/IEC 27001 is the only auditable international standard, and defines the requirements for an Information Security Management System (ISMS). The standard is designed to select adequate and proportionate security controls. In November 2011, the management of information security in the design, implementation, and support of Hosted Systems atDFW1 and ORD data center facilities was certified as compliant to ISO 27001 :2005. A full reassessment is required every 3 years, and surveillance audits that review a section of the ISMS are performed every 6 months. SSAE16 SSAE16 is an AICPA (American Institute of Certified Public Accountants) auditing standard intended to provide customers and prospects with third party validated visibility of a service provider's controls. Rackspace went through a SSAE16 Type II SOC1, SOC2 (Security and Availability Only), and SOC3 audits covering all data center facilities globally. The report is available to current and potential customers subject to signature of appropriate Non-Disclosure Agreements. soc 1 Reports are to be conducted in accordance with Statement on Standards for Attestation Engagements (SSAE) No. 16, the AICPA attest standard, which is an audit conducted over internal controls over financial reporting, management of the user organizations, and management of the service organization. Service Organizations' continue to define their control objectives and controls, but the service auditor is responsible for evaluating those control objectives to ensure they are reasonable. A Type 2 report also includes the service auditor's opinion on whether the controls were operating effectively and describes tests of the controls performed by the service auditor to form that opinion and the results of those tests.
t
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4178 Cheslnul Street
•
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CA 92501
4
SOC2 Reports on controls at a service organization relevant to Security, Availability, Privacy, Confidentiality and Processing. SOC 2 engagements use the predefined criteria in Trust Services Principles, Criteria and Illustrations, as well as the requirements and guidance in AT Section 101, Attest Engagements, of SSAEs. These reports are intended to meet the needs of a hosting provider customer that needs to understand the internal controls at a service organization. SOC 2 framework is a reporting option specifically designed for entities such as data centers, IT managed services, software as a service (SaaS) vendors, and many other technology and cloud computing based businesses. A Type 2 report also includes the service auditor's opinion on whether the controls were operating effectively and describes tests of the controls performed by the service auditor to form that opinion and the results of those tests.
SOC3 Due to the restrictions of distribution to current and potential customers for the SOC 1 and SOC 2 reports, Rackspace has obtained a SOC 3 report. The difference between a SOC 2 report and a SOC 3 report is that a SOC 2 report contains a detailed description of the service auditor's tests of controls and results of those tests as well as the auditor's opinion on the description of the service organization's system. A SOC 3 report provides only the auditor's report on whether the system achieved the trust services criteria. There is no description of tests and results or opinion on the description of the system.
SAFE HARBOR Safe Harbor is the US Department of Commerce framework for meeting the European Union's Data Protection requirements. Rackspace complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Rackspace has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement, with respect to the personal data we collect from EU and/or Swiss data subjects or receive from our affiliates located in the EU and/or Switzerland, such as information regarding service requests, service orders, handling orders, delivering services and processing payments.
CONTENT PROTECTION AND SECURITY STANDARD (CPS) The Content Protection and Security Standard (CPS) is sponsored by the Content Delivery & Security Association (CDSA). CDSA is an international association that advocates the innovative and responsible delivery and storage of entertainment, software, and information content. CDSA has focused its activities on anti-piracy and content protection standards to protect the security and integrity of intellectual property and related assets. The Content Protection and Security Standard assists organizations in managing its security and piracy risks. The CPS framework focuses primarily on the security management of media content in all of its forms across the entire supply chain. It is comprised of an independent and impartial audit of risk management, personnel resources, asset management, logical and physical security, and disaster recovery planning.
l: 951 369 1564
f. 051.369 8837
e. 1nbox@geoma1
4178 Chestnut Street• R1ve1s1de
CA 92501
info
5
On Call Service for Collateral Materials and Media Relations The client has a general overview and two specific program brochures. From time to time these may require updating. In addition, the client also requires assistance with media releases for special events and special acquisitions. Geographies will assist the client with these items by first holding a meeting to refine the scope of work and content, producing a draft of the material required, working through revisions and a final version of the product. Sample costs are included here.
Website Enhancements Geographies will work with the client to make any needed enhancements to the website in the coming year.
2017-2018 changes may include: •
Custom additions to the Content Management System as required
•
Use of analytics
•
Development of social media capabilities
•
Troubleshooting and optimizing of website
Geographies will meet with the client to determine any enhancements and will then create content and code the new functions. The client will receive training on the use of the new functions and complete documentation will be provided.
951..;,691564
f. 951 369 8837
e
1nbox@georne1il info
4178 Ch�stnut Street· R1ve1s1d0
CA 92501
6
Ill. Core Program Costs Note: some costs are variable, like postage, and are subject to change.
A. Newsletters 1.
Coordination and Copywriting coordination meeting plus five to seven stories 24 hours @ $77/hour
2.
1,848.00
$
1,098.00
$
704.00
$
122.00
$
610.00
$
1,500.00
Design 18 hours@ $61/hour
3.
$
Photography (If Needed) 8 hours@ $88/hour Processing/Digital Handling 2 hours@ $61 /hour
4.
Revisions and final art ( two rounds) 10 hours@ $61/hour
5.
Printing 2,500 qty newsletters
6.
Mailing Mailing services
$
250.00
Postage (@ cost)
$
225.QQ
$
sales tax on taxable portion
$ $
6,357.00
442.4Q 6,799.40
@
2 per year
$
13,598.80
B. Electronic Newsletters (Based on newsletter/Annual Report above) 1.
Configure content for e-newsletter Content into Template $
7 hours@ $100/hour
700.00
Update list, revisions, text version, and broadcast 2 hours@ $100/hour
$ $
@ $ 2.
Constant Contact Subscription - 1 year
$ $
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4178 Che�lnut Sl1cet
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2QQ.QQ 900.00 2 per year 1,800.00
363,QQ 2,163.00
7
C.
Ongoing Website Maintenance and Hosting
1.
Technical support to staff* Changes to navigation, databases, not covered by content management system 24 hours@ $100/hour
2,400.00
$
•Annual support is provided on an as-needed basis and charged at the hourly rate. Time is billed in 15 minute increments.
2.
Hosting (dedicated managed, 24/7 support) $350/month plus bandwidth at $27 ± $377 x 12
$
� 4..... ,5 � 2� 4�.o � o
� __
6,924.00
$
D. On Call Service for Collateral Materials and Media Relations 1.
Update Basic Brochure Publications Coordination and Copywriting 3 hours@ $77/hour
$
231.00
$
244.00
Revisions to graphics, text, and photos 4 hours@ $61/hour
Imaging � 100 qty brochures (will requote based on quantity needed) $
sales tax on taxable portion
727.00
$
= = · 6�1 = 63
� ____
$ 2.
2�52·= �0�0
�
__ _
$
790.61
Media Relations Coordination and Copywriting 3 hours@ $77/hour
$
@
On Call Total
l
95
$
462.00
$
1,252.61
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E.
Social Media Coordination (1 hour per week)
52 hours @ $77/hour
F.
$
4,004.00
$
528.00
1 2 hours @ $61 /hour
$
73 2 .00
Helicopter Rental
$
1,238.QQ
Aerial Photography Photography 6 hours @ $88/hour Digital Processing
2,498.00
Cost of Annual Program
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30,440.41
9
IV. Cost Summary
Newsletters (2 per year)
$
13,598.80
Electronic Newsletters (2 per year)
$
2,163.00
Website Maintenance and Hosting
$
6,924.00
On Call Services for Collateral and Media Relations
$
1,252.61
Social Media
$
4,004.00
Aerial Photography
$
2,498.00
Total:
$
30,440.41
l· 951 369.1564
f: 951.369 8837
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41/8 Chestnut Street· R1vers1de
10
Exhibit B
GEOGRAPHICS
Geographies 2015 Rate Sheet
Graphic Design
I
I
Graphic Production
$61.00
Illustration
$61.00
Coordination
$77.00
Content Development
$77.00
Copywriting
$77.00
Photography
$88.00
Digital Imaging: Short Listing/Sorting/Processing/Archiving
$61.00
Web Development and Programming
$100.00
---·-------
------ - ·-- --·---- - �-...------ - - - -- · ----· -
Travel more than 30 minutes is charged as time. Vendor fees are cost plus standard of
I
I I I
i
i
---------·--------.J
15%, lower than the industry
17 .75%. This charge covers administration of vendor services, processing of proofs,
attending quality inspections such as press checks, administering billings, quality assurance and control activities, and deliveries. No charges for telephone consultation and incidental copying.
t:
951.369.1564 f: 951.369.8837 e: inbox@g eomail.info 4178 Chestnut Street Rive r s i d e , CA 92501 •
AGENDA ITEM NO. 9.3 Attachment 2 KADESH & ASSOCIATES
AGREEMENT NO. 17007-1
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND KADESH & ASSOCIATES TO PROVIDE GOVERNMENT RELATIONS SERVICES
1.
PARTIES AND DATE.
this
1st
This Amendment No. 8 to the Professional Services Agreement is entered into COUNTY
day of
July
REGIONAL
ASSOCIATES,
LLC
, 2017 by and between the WESTERN RIVERSIDE
CONSERVATION
AUTHORITY The RCA
("CONSULTANT'').
("RCA")
and
the
and
KADESH
CONSULTANT
& are
sometimes referred to individually as "Party" and collectively as "Parties." 2.
RECITALS.
2.1
On or about November 1, 2016, the Parties entered an agreement for the
purpose of providing government relations services required by RCA ("Agreement").
2.2
The Par ties desire to amend the Agreement with this Amendment No. 1 to
extend the term to June 30, 2018, and revise the Total Compensation to provide for a "Not to Exceed" amount of $70,000.00 for Fiscal Year 2017-18. The monthly retainer amount shall remain $5,833.33 ("Amendment No. 1 ").
2.3
This
Amendment
is
authorized
pursuant
to
Section
3.5.15
of
the
Agreement.
3.
TERMS.
3.1
Section 3.1.1 The services described in Exhibit A of the Agreement are
hereby replaced with Exhibit A of this Amendment No. 1.
3.2
Section 3.1.2 of the Agreement is amended to extend the term until
June 30, 2018.
3.3.
Section
3.3.1 of the Agreement is amended to provide that Total
Compensation shall not exceed $70,000.00 for Fiscal Year 2017-18.
1
3.4 Except as set forth herein, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date first written above.
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
Charles V. Landry
CONSULTANT
Mark Kadesh
Executive Director
President
ATTEST:
Honey Bernas Clerk of the Board
2
EXHIBIT A Scope of Services Fiscal Year 2018
The Scope of Services outlines ongoing and anticipated work related to counsel on all issues associated with the federal government with additional consultation on state government issues. Specifically, Kadesh •
& Associates will:
Continue to build and present the case for federal and state support of habitat conservation plans.
•
Ensure
that the United States Fish and Wildlife Service adheres
Biological Opinion for the MSHCP.
to their
That Biological Opinion states that Critical
Habitat Designations for all species other than the Santa Ana sucker will have no effect on the MSHCP. •
At the same time, seek removal of Critical Habitat Designations on MSHCP land for all covered species, including the Critical Habitat Designation for the Santa Ana sucker.
•
Protect and augment federal and state funding for Habitat Conservation Planning and Land Acquisition.
•
Support RCA on issues related to obtaining and utilizing Endangered Species Act Section 6 grant funding.
•
Support the RCA's appropriations requests related to habitat acquisition.
•
Work with Congress, the Department of Interior, Department of Treasury and other agencies on issues related to species conservation, including adoption of federal loan/loan guarantee legislation or other new legislation pertaining to the MSHCP funding and environmental oversight.
•
Upon identification of an applicable project, put RCA in a strong position to compete for loans and loan guarantees under the new WRRDA law;
•
Undertake other projects as may be developed from time to time.
A. Scope of Work.
The scope of work outlines activities necessary to achieve your
objectives for Fiscal Year 2018 (July 1, 2017 through June 30, 2018). Task 1:
Review,
Research, and
Identify
Funding Opportunities as well
Opportunities/Obstacles for Regulatory Relief.
Kadesh
as
& Associates reviews and
identifies funding and partnership opportunities associated with our projects as well as potential obstacles installed by government decisions.
•
Work
product:
Research
and
develop
funding
and
partnership
opportunity
information for meetings with our clients, initial communications with government contacts regarding funding opportu nities, obstacles and trends.
3
Task 2:
Develop Project Agenda.
Kadesh & Associates meets with our clients to
refine projects and strategies related to the federal and state governments. Kadesh & Associates briefs our clients on our proposed strategies for projects. Kadesh & Associates also communicates with legislative staff and agencies regarding strategies. •
Work product: Communications with our client regarding the proposed strategies. Communications and coordination
with legislative and agency staff regarding
projects. Task 3: Preparation of Materials. Kadesh & Associates works with our clients to develop issue papers, correspondence, legislative language and other materials for use internally and externally. •
Work product: Project descriptions, supporting materials, legislative correspondence and other communications, draft legislative language.
Task 4: Client Advocacy. Kadesh & Associates provides full support to our clients, including, but not limited to, meeting scheduling, briefing materials, and talking points for meetings. Kadesh & Associates staff accompanies our clients to meetings in Washington and California, and follows up on all action items resulting from meetings, including letters of appreciation. Kadesh & Associates advises our clients regarding additional communications at key points throughout the process, and provides draft correspondence, contact information, and talking points to our clients. Kadesh & Associates also advises our clients regarding building and maintaining strong working relationships with legislative offices and Administration officials. •
Work product: Meeting schedules, briefing materials, talking points, correspondence, communications with our clients, legislative testimony.
Task
5:
Kadesh & Associates Advocacy.
draft
Kadesh & Associates will regularly
communicate with Members of Congress, their staff, key committee staffers, and agencies in support of our projects. Kadesh & Associates provides support to legislative and administrative offices, including support letters, talking points, memoranda regarding project and budget status, draft legislative testimony, and other communications as requested by government offices.
Kadesh & Associates tracks
legislation of interest to our clients, including appropriations, authorization legislation, and other legislation, and will report key developments in the legislative process. Kadesh & Associates staff attends relevant committee hearings and markups and provides updates to our clients. •
Work
product:
correspondence,
Communications
with
representatives
draft proposed legislation,
and
support materials,
agencies,
draft
memoranda
for
legislative offices and federal agencies regarding project status, and other support as requested and needed by legislative offices and federal agencies, attend legislative hearings and federal workshops.
4
Task 6: Client Communications. Kadesh & Associates' presence in Southern California has always promoted open and easy communications between our team and our clients regarding projects and other needs. We will be available for meetings in Riverside County and we will remain available via telephone and email to answer questions and respond to other inquiries and requests from you. In addition to meetings with our clients, Kadesh & Associates is available to attend other meetings in Southern California of interest to you, including joint powers authority meetings, advisory board meetings, and other meetings. Kadesh & Associates personnel are also available at any time to check and track the status of any legislation or regulatory activity at the federal or state level, as well as to advise you regarding any impact on your interests. Kadesh & Associates will provide written quarterly progress reports to the RCA Executive Director and oral reports to the RCA Board of Directors as requested by the RCA Executive Director. •
Work product: Meetings, written status reports, other communications as necessary, meetings with other relevant entities, legislation, respond to information requests from our clients, monitor local and regional news.
Task 7: Outcomes and Project Assessment. Upon final determinations by the federal and/or state governments, Kadesh & Associates reports results to our clients immediately upon information availability, and provides copies of relevant legislation, legislative reports, and other documents when made available to Kadesh & Associates or the public. Kadesh & Associates debriefs legislative offices regarding project results and reports findings to our clients. Kadesh & Associates also provides outcomes assessments, assisting Kadesh & Associates and RCA in formulating our agenda for the next cycle. Kadesh & Associates also provides draft letters of appreciation as appropriate. •
Work
product:
Communications regarding results and assessment of federal
agenda, debriefing our clients and legislative offices regarding outcomes.
Task 8: Secure Funds from the Federal Bureaucracy. Fiscal and political realities have changed in recent years to the degree that, even if Congress appropriates funds for a specific project, federal agencies can delay or even deny the release of these funds. Kadesh & Associates will take an active role in working past, present and future Congressional appropriations through the applicable agencies. •
Work product: Help our clients meet the procedural and political requirements necessary to release appropriated funds. Such assistance may be in the form of legislation or report language, exchanges of letters, facilitating and managing meetings, or other assistance.
5
AGENDA ITEM NO. 9.3 Attachment 3 THOMAS B. MULLEN
AGREEMENT NO. 17006-1
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND THOMAS B. MULLEN FOR ACQUISITION OF FUNDING AND OTHER SPECIAL PROJECTS
1.
PARTIES AND DATE.
This Amendment No. 1 to the Professional Services Agreement is entered into this
1st
COUNTY
day of July , 2017 by and between the WESTERN RIVERSIDE REGIONAL CONSERVATION AUTHORITY ("RCA") and THOMAS B.
MULLEN ("CONSULTANT"). The RCA and the CONSULTANT are sometimes referred to individually as "Party" and collectively as "Parties." 2.
RECITALS.
2.1 the
On or about September 26, 2016, the Parties entered an agreement for
purpose
of
obtaining
funding
and
other
special projects required by RCA
("Agreement"). 2.2
The Parties desire to amend the Agreement with this Amendment No. 1 to
extend the term to June 30, 2018, and revise Total Compensation to provide for reimbursable expenses in an amount "Not to Exceed" $20,000.00 for Fiscal Year 201718 ("Amendment No. 1 ). "
2.3
This Amendment is authorized pursuant to Sections 3.4.5 and 3.4.11 of
the Agreement. 3.
TERMS.
3.1
Section 3.1.2 of the Agreement is amended to extend the term until
June 30, 2018. 3.2
Section 3.2.1 of the Agreement is amended to provide that reimbursable
expenses shall not exceed $20,000.00 for Fiscal Year 2017-18. 3.3
Except as set forth herein, all provisions of Agreement No. 17006 shall
remain in full force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 1.
l
Signature Page for Amendment No. 1 to Professional Services Agreement No. 17006 between the Western Riverside County Regional Conservation Authority and Thomas B. Mullen
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date first written above.
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
Charles V. Landry Executive Director
Thomas B. Mullen Consultant
ATTEST:
Honey Bernas Clerk of the Board
Approved as to For,
CONSULTANT
·
2
AGENDA ITEM NO. 9.3 Attachment 4 SANTA ANA WATERSHED ASSOCIATION
AGREEMENT NO. 11003-7
AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND SANTA ANA WATERSHED ASSOCIATION
1.
PARTIES AND DATE. This Amendment No. 7 is entered into this _1fil_ day of
between
the
WESTERN
RIVERSIDE
COUNTY
, 2017, by and
July
REGIONAL
CONSERVATION
AUTHORITY ("RCA") and THE SANTA ANA WATERSHED ASSOCIATION ("SAWA"). The RCA and SAWA are sometimes referred to individually as "Party" and collectively as "Parties." 2.
RECITALS.
2.1 On or about July 1, 2010, the Parties entered into a professional services agreement ("Agreement") for the purpose of sub-contracting SAWA employees to the RCA to assist in implementing the Biological Monitoring Program for the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). 2.2
On or about July 1, 2011, the Agreement was amended to extend the
term to June 30, 2012, and increase the Total Compensation for a "Not to Exceed" amount of $610,584.00 for the 2011-12 fiscal year ("Amendment No. 1"). On or about July 1, 2012, the Agreement was amended to amend the 2.3 scope, extend the term to June 30, 2013, and increase Total Compensation for a "Not to Exceed" amount of $815,749.00 for Fiscal Year 2012-13 at the rates contained in Exhibit B ("Amendment No. 2"). 2.4
On or about July 1, 2013, the Agreement was amended to amend the
scope, extend the term to June 30, 2014, and increase the Total Compensation for a "Not to Exceed" amount of $832,930.00 for Fiscal Year 2013-14 at the rates contained in Exhibit B ("Amendment No. 3"). 2.5
On or about July 1, 2014, the Agreement was amended to amend the
scope, extend the term to June 30, 2015, and increase the Total Compensation for a "Not to Exceed" amount of $866, 180.00 for Fiscal Year 2014-15 at the rates contained in Exhibit B ("Amendment No. 4"). 2.6
On or about July 1, 2015, the Agreement was amended to amend the
scope, extend the term to June 30, 2016, and increase Total Compensation for a "Not to Exceed" amount of $929,725.00 for Fiscal Year 2015-16 at the rates contained in Exhibit B ("Amendment No. 5").
Page 1 of 3
2.7
On or about July 1, 2016, the Agreement was amended to amend the
scope, extend the term to June 30, 2017, and increase Total Compensation for a "Not to Exceed" amount of $942,365.00 for Fiscal Year 2016-17 at the rates contained in Exhibit B ("Amendment No. 6"). 2.8
The parties desire to further amend the Agreement to amend the scope,
extend the term to June 30, 2018, and increase the Total Compensation for a "Not to Exceed" amount of $995,340.00 for Fiscal Year 2017-18 at the rates contained in Exhibit B attached hereto ("Amendment No. 7"). 2.9
This
Amendment
is
authorized
pursuant
to Section
3.5.15
of
the
Agreement. 3.
TERMS. 3.1
Section 3.1.1 Exhibit A of the Agreement and any prior Amendment is
replaced with Exhibit A attached hereto. 3.2 Section 3.1.2 of the Agreement is amended to extend the term for a period of one year, until June 30, 2018. 3.3 Section 3.3.1 of the Agreement is amended to provide that Total Compensation for shall not exceed $995,340.00 for Fiscal Year 2017-18. Exhibit B of the Agreement and any prior Amendment is replaced with Exhibit B attached hereto. 3.4
Except as expressly set forth herein, all provisions of the Agreement, as
amended by Amendment Nos. 1 through 6, shall remain in full force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 7.
Page 2 of 3
Signature Page for Amendment No. 7 to Professional Services Agreement between the Western Riverside County Regional Conservation Author:ity and Santa Ana Watershed Association
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 7 on the date first written above.
WESTERN RIVERSIDE COUNTY
SANTA ANA WATERSHED
REGIONAL CONSERVATION AUTHORITY
ASSOCIATION
Charles V. Landry
Hugh Wood
Executive Director
Executive Director
ATTEST:
Honey Bernas Clerk of the Board
Approved as to Form:
By
��
Gregory P. Powers Jackson Tidus SAWA General Counsel
Page 3 of 3
���
EXHIBIT A Scope of Work (Fiscal Year 2017-18)
1. SAWA agrees to provide the RCA with the services of technical and non-technical staff (e.g., GIS analyst, data manager, field biologist, office assistant, etc.) and a SAWA Supervisor for the SAWA staff, to support the collection,
compilation,
analyses and management of scientifically-based data and research on species, habitats, and natural communities. 2. The services shall occur in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Planning Area, and adjacent Counties if needed for training purposes. 3. The services shall be provided as determined by the RCA liaison (also referred to as
"Monitoring Program Administrator") in coordination with the RCA, and under the direct supervision of the SAWA staff Supervisor. 4. Scope of Work
A. Work to be Performed The RCA has the objective to conduct baseline inventory and long-term monitoring of MSHCP Covered Species and Habitats. This Agreement is intended to assist the RCA in implementing the MSHCP Biological Monitoring Program under the guidance of the Monitoring Program Administrator. SAWA will provide the RCA with technical and non-technical staff, and a SAWA Supervisor for SAWA staff, to support inventory, monitoring, and assessment activities on MSHCP Covered Species and Habitats. The Monitoring Program Administrator will work closely with the RCA to facilitate appropriate and timely assignments of personnel as needed by the MSHCP Biological Monitoring Program. Under the guidance of the RCA and supervision of the Monitoring Program Administrator, duties of staff will include, but not be limited to, the following: Monitoring Program Administrator •
Develop annual work plans and budgets
•
Identify contract needs, write scopes of work, manage contracts
•
Advertise, interview, and hire Monitoring Program staff; conduct performance reviews
•
Develop training manuals and training programs for staff
•
Direct and schedule staff activities
Page 1 of 4
•
Identify field supply and equipment needs; submit orders; maintain inventory, including vehicles
•
Identify land access needs and coordinate with agencies on access agreements
•
Facilitate monthly reserve management/monitoring coordination meetings
•
Attend monthly RCA team meetings and other agency meetings as required
•
Give occasional presentations to the RCA Board
•
Coordinate with Wildlife Agencies on survey methodology and monitoring activities
•
Develop I maintain currency of operations and implementation manuals
•
Oversee production of annual survey reports
•
Distribute Monitoring Program data as appropriate
•
Participate in development of survey protocols and detection probabilities for those covered species with specific species objectives in Section 5.3 of the MSHCP
•
Oversee implementation of focused species surveys
•
Combine surveys of multiple taxa within vegetation/habitat types to implement a long-term monitoring strategy that tracks the status, trend, and condition of covered species over time
•
Coordinate vegetation analyses efforts with reserve managers within the MSHCP
Biologist Supervisor •
Responsible for the subordinates' compliance with safety regulations and SAWA and Monitoring Program safety policies
•
Supervise and train employees
•
Organize, prioritize, and schedule work assignments
•
Ensure necessary permits have been obtained or renewed for biological projects
•
Review reports and ensure they are completed on time
•
Conduct field work, including, but not limited to, surveys and monitoring of Covered Species and vegetation communities
•
Periodically report on projects to the Monitoring Program Administrator
•
Conduct periodic reviews with assigned subordinates to ensure that data are being collected according to the Monitoring Program's protocol
•
Remain current on literature, other research, and computer applications relevant
•
Provide technical guidance and instruction regarding techniques and procedures
to the Monitoring Program's work pertaining to biology •
Perform other related duties as requested by the Monitoring Program Administrator
Biologists •
Assist with and/or lead the development and testing of protocols for Covered
•
Assist with and/or lead the development of long-term monitoring strategies
Species and vegetation communities capable of estimating population trends for selected species in the MSHCP
Page 2 of 4
•
Assist with and/or lead the training of field crews on data collection protocols and species identification
•
Oversee field crews on the accurate and reliable collection of data on sensitive species and/or participate in biological field work under the direction of other biologists
•
Coordinate with personnel from other agencies on field activities, data collection, and protocols
•
Prepare field forms, maps, and field supplies for field surveys
•
Identify, prepare, and maintain field equipment, including vehicles
•
Enter data into a specified database and perform quality control of data collected
•
Perform simple data analysis
•
Write reports on field survey efforts, interim results, and recommendations for modification of methods
Office Manager/Assistants •
Track spending and budget allocations
•
Maintain the office inventory and assess office needs, including staff requests for office supplies
•
·
Coordinate and maintain records for staff office space, office keys, and other miscellaneous items
•
Oversee the servicing and maintenance of vehicles
•
File, copy, fax, mail and/or organize office documents
•
Run errands as needed
•
Answer phones
•
Provide general clerical support to all staff
Data Manager •
Assist and train field biologists in data collection efforts, particularly with regards to electronic data entry on handheld computers, and the downloading and managing of such data
•
Develop electronic field forms and maintain electronic equipment
•
Maintain and modify an existing database that houses data collected both on paper and electronically; manage data query requests
•
Oversee data entry, management, and preliminary analyses of species and habitat distribution and abundance data
•
Maintain
computer
hardware
and
software
necessary
for
data collection,
processing, management, and storage •
Assist
in
providing
GIS
mapping
support,
including
the
digitizing
and
development of spatial data coverages for use in ArcGIS GIS Analyst •
Use GIS, computer cartography, and spatial analytical techniques to create and analyze spatial
and
non-spatial data sets
activities
Page 3 of 4
to support
Monitoring Program
•
Provide GIS mapping support, including the digitizing and development of spatial data coverages for use in ArcGIS
•
Research and compile data from the Western Riverside County MSHCP for the purposes of preparing maps, diagrams, exhibits, and reports
•
Maintain
computer
hardware
and
software
necessary
for
data
collection,
processing, management, and storage •
Prepare maps for biologists working in the field and for reports
•
Use spatial modeling techniques to identify suitable habitat and potential areas of species occurrences
•
Use
GIS
to
develop
new
approaches incorporating
geospatial
data
into
Monitoring Program activities •
Work in cooperation with the entire Monitoring Program staff to ensure that GIS needs are met
Some of the activities to be conducted will require a valid California Driver's License, physical capability, and endurance to conduct field work and research on wildlife and their habitats, often in remote settings, and willingness to work as part of an interdisciplinary team. Specific duties to be performed will be described in advance on a case-by-case basis for each assistant's services. B. Schedule of Completion Dates ActivityITask
Scheduled Completion Date
Field assistance and service
June 30, 2018
C. Reports Reports may be required as part of this agreement that will be specifically tasked as a project activity by the Monitoring Program Administrator. Reports will be produced as necessary to support field data collected by SAWA staff, and will be delivered to the Monitoring Program Administrator. SAWA will provide written quarterly progress reports to the RCA Executive Director and oral reports to the RCA Board of Directors as directed by the RCA Executive Director.
Page 4 of 4
Exhibit B FY2018 Rates Hourly Rate
Loaded Hourly Rate*
Annual Salary
Monitoring Program Administrator
$32.80-$39.14
$47.26 -$55.49
$68,224 -$81,411
Office Assistant II
$20.50 -$24.60
$29.87-$35.04**
$25,584-$30,701
Office Assistant
$11.28-$15.38
$18.24-$23.42**
$14,077-$19,194
Technician (Part-time)
$12.30-$14.35
$19.53-$22.12
$15,350-$17,909
Biologist I (one position)
$14.35-$16.40
$23.33-$25.99
$29,848 -$34,112
Biologist II {three positions)
$16.40-$18.45
$25.99-$28.65
$34,112-$38,376
Biologist Ill {two positions)
$18.45 -$20.75
$28.65-$31.63
$38,376 -$43,160
Bioloqist - Crew Lead I
$18.45 -$22.55
$28.35-$33.97
$38,376 -$46,904
Biologist - Crew Lead II (three positions)
$22.55-$24.60
$33.97-$36.63
$46,904 -$51,168
Lead Biologist I
$24.60-$26.65
$36.63-$39.29
$51,168-$55,432
Lead Biologist II
$26.65-$29.38
$39.29-$42.83
$55,432 -$61,110
Bioloqist Supervisor
$27.50 -$35.20
$40.39 -$50.38
$57,200 -$73,216
GIS Analyst I
$24.60-$26.65
$36.63-$39.29
$51,168-$55,432
GIS Analyst 11
$26.65-$29.38
$39.29-$42.83
$55,432-$61,110
Data Manager I
$24.60 -$26.65
$36.63-$39.29
$51,168-$55,432
Data Manaqer 11
$26.65-$29.38
$39.29-$42.83
$55,432 -$61, 110
Position Level
*
Loaded hourly rate includes $600/month health benefit stipend and SAWA overhead. SAWA overhead
=
FICA (6.2%), Medicare (1.45%), SUI (6.2% on the first $7,000 or
$434 pp annual), Worker's comp (5.35% field I 2.06% office), Retirement (6%), SAWA administrative charge (9%). Part-time staff receives 50% of the health benefit stipend.
AGENDA ITEM NO. 9.3 Attachment 5 DOUGLAS P. WHEELER
PROFESSIONAL SERVICES AGREEMENT BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND HOGAN LOVELLS US, LLP
1.
PARTIES AND DATE. This Agreement is made and entered into this 24th day of March, 2017, by and between
the Western Riverside County Regional Conservation Authority, a Joint Powers Authority organized under the laws of the State of California with its principal place of business at 3403 Tenth Street, Suite 320 Riverside, California 92501 ("RCA") and Hogan Lovells US, LLP, a law firm with its principal place of business at 555 13th Street, N.W. Washington, D.C. 20004 ("Consultant").
RCA and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties." 2.
RECITALS. 2.1
Consultant. Consultant desires to perform and assume responsibility for the
provision of certain professional services required by RCA on the terms and conditions set forth in this Agreement.
Consultant represents that it is a professional consultant, experienced in
providing legal services to public clients, is licensed in the State of California, and is familiar with the plans of RCA. 2.2 3.
RCA desires to engage Consultant to render such services as set forth herein.
TERMS. 3.1
Scope of Services and Term. 3.1.1
General Scope of Services. Consultant promises and agrees to furnish to
RCA all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the legal services which are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Services shall include, but not be limited to, any duties and responsibilities assigned by the RCA Executive Director. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Consultant will provide written quarterly reports to the RCA Executive Director and oral or written reports to the RCA Board of Directors as requested. 3.1.2
Term. The term of this Agreement shall be from the date first specified
above to June 30, 2018, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
1 26493.00003\1514111.8 1\DC-0373921000001- 10155513 v2
3.2
Responsibilities of Consultant. 3.2.l
Control and Payment of Subordinates; Independent Contractor.
The
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. RCA retains Consultant on an independent contractor basis and Consultant is not an employee of RCA. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of RCA and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.2.2
Schedule of Services. Consultant shall provide the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical expertise and personnel required to perform the Services in conformance with such conditions.
In order to facilitate Consultant's conformance with the
schedule, RCA shall respond to Consultant's submittals in a timely manner. Upon request of RCA, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3
Conformance
to
Applicable
Requirements.
All
work
prepared
by
Consultant shall be subject to the approval of RCA. 3.2.4
RCA's Representatives. RCA hereby designates its Executive Director, or
his or her designee, to act as its representative for the performance ofthis Agreement. All invoices for Consultant shall be submitted to the Executive Director.
The Executive Director shall be
responsible for directing Consultant's activities pursuant to this Agreement.
The Executive
Director shall have the power to act on behalf of RCA for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the Executive Director or his or her designee. 3.2.5
Substitution of Key Personnel. Consultant has represented to RCA that
certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of RCA. In the event that RCA and Consultant cannot agree as to the substitution of key personnel, RCA shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3. 5 .1 of this Agreement.
The key
person for performance of this Agreement is Douglas P. Wheeler. 3.2.6
Consultant's Representative. Consultant hereby designates Douglas P.
Wheeler, or his or her designee, to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. 2 26493.0000311514111.8 \\DC· 037392/000001 • I 01SSS13 v2
The Consultant's
Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, teclmiques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with RCA's Representative and any other agencies which may have jurisdiction over, or an interest in, the Services.
Consultant's Representative shall be
available to the RCA staff at all reasonable times. 3.2. 7
Coordination of Services. Consultant agrees to work closely with RCA staff
in the performance of Services and shall be available to RCA's staff, consultants and other staff at all reasonable times. 3.2.8
Standard of Care; Performance of Employees. Consultant shall perform the
Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from RCA, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein and shall be fully responsible to RCA for all damages and other liabilities arising from the Consultant's errors and omissions. Any employee of the Consultant or its sub consultants who is determined by RCA to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to RCA, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9
Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services.
If the Consultant performs any work knowing it to be contrary to
such laws, rules and regulations and without giving written notice to RCA, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold
RCA, its officials, directors, officers, employees, consultants, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3 .2.10.1
Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to RCA that it has secured all insurance required under this section, in a form and with insurance companies acceptable to RCA. 3 26493.00003\1514111.8 \IDC-037392/000001 -10155513 v2
In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to RCA that the subcontractor has secured all insurance required under this section.
3.2.10.2
Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A)
Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following:
(1) General Liability: Insurance Services 0001 or exact equivalent); (2)Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) If Consultant has employees, Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California
Office Commercial General Liability coverage (occurrence form CG
and Employer's Liability Insurance. (B) maintain limits no less than:
Minimum Limits of Insurance. Consultant shall
(1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage.
If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) If Consultant has employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California.
Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3
Professional
Liability.
Consultant
shall
procure
maintain, and require its sub-consultants to procure and maintain, for a period of five
and
(5) years
following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant.
"Covered Professional
Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
3.2.10.4
Insurance
Endorsements.
The
insurance
policies shall
contain the following provisions, or Consultant shall provide endorsements to add the following provisions to the insurance policies:
4 26493.00003\1514111.8 \\DC • 037392/00000 I
•
I 01 555 IJ v2
(A)
General Liability.
(i) Commercial General Liability Insurance must include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising Injury; (3) Premises/Operations Liability; ( 4) Products/Completed Operations Liability; ( 5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (iii) The policy shall give RCA, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be "primary and non-contributory" and will not seek contribution from RCA's insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage.
(B)
Automobile Liability.
(i) The automobile liability policy shall be endorsed to state that: (1) RCA, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects RCA, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by RCA, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C)
Workers' Compensation and Employers Liability
Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against RCA, its directors, officials, officers, employees, agents and volunteers for
26493.00003\1514111.8 \\DC· 03739VOOOOOI
•
10155513 v2
5
losses paid under the terms of the insurance policy which arise from work performed by the Consultant. All Coverages.
(D)
(i)
Defense costs shall be payable in addition to
(ii)
Requirements of specific coverage or limits
the limits set forth hereunder.
contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to RCA, its directors, officials, officers, employees and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be limits specified in this Agreement; or
(2)
( 1)
the minimum coverage and
the broader coverage and maximum limits of coverage
of any Insurance policy or proceeds available to the named insured; whichever is greater. (iii)
The limits of insurance required in this
Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of RCA (if agreed to in a written contract or agreement) before RCA's own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a "following form" basis with coverage at least as broad as provided on the underlying policy(ies). (iv)
(30) days
Consultant shall provide RCA at least thirty
prior written notice of cancellation of any policy required by this Agreement, except that
the Consultant shall provide at least ten
(10)
policy due to non-payment of premium.
days prior written notice of cancellation of any such
If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to RCA at least ten
(10)
days prior to the
effective date of cancellation or expiration. (v)
The retroactive date (if any) of each policy is
to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one
(1)
year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement;
B) if the
policy is cancelled
or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi)
The foregoing requirements as to the types
and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by RCA, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 6 26493.00003\1514111.8 \\DC-037392/000001 -10155513 v2
(vii)
If
at
any
time
during
the
life
of
the
Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, RCA has the right but not the duty to obtain the insurance it deems necessary and any premium paid by RCA will be promptly reimbursed by Consultant or RCA will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, RCA may cancel this Agreement. RCA may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii)
Neither
RCA
nor
any
of
its
directors,
officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.2.10.5
Separation
of
Insureds; No
Special
Limitations.
All
insurance required by this Section shall contain standard separation of insureds provisions.
In
addition, such insurance shall not contain any special limitations on the scope of protection afforded to RCA, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6
Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by RCA. If RCA does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of RCA, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions (2) the
as respects RCA, its directors, officials, officers, employees, agents and volunteers; or
Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.7
Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to RCA.
3.2.10.8
Verification of Coverage. Consultant shall furnish RCA with
original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to RCA. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by RCA before work commences. RCA reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9
Reporting of Claims.
Consultant shall report to RCA, in
addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with Services under this Agreement.
3.2.10.10
Subconsultant Insurance Requirements.
Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to RCA that they have secured all insurance required under this section. Policies
of
commercial
general
liability
insurance
provided
by such
subcontractors
subconsultants shall be endorsed to name RCA as an additional insured using ISO form CG 20
04 13 or an endorsement providing the exact same coverage. If requested by Consultant, RCA
7 26493.00003\1514111.8 \IDC-037392/000001 -10155513 v2
or
38
may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3
Fees and Payments. 3.3.1
Compensation. Consultant shall receive compensation for all Services,
excluding reimbursable expenses, rendered under this Agreement. Services will be provided under a monthly retainer of $12,500.00 per month.
The Total Compensation shall not exceed One
Hundred Fifty Thousand Dollars ($150,000.00) for the term of this Agreement. Extra Work may be authorized, as described below, and, if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2
Payment of Compensation. Consultant shall submit to RCA a monthly
statement for the monthly retainer indicated in Section 3.3.1. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement.
Said compensation
shall be paid in accordance with an invoice submitted to RCA by Consultant within fifteen (15) days from the last day of each calendar month, and RCA shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3
Reimbursement for Expenses. Consultant shall not be reimbursed for any
3.3.4
Extra Work. At any time during the term of this Agreement, RCA may
expenses.
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by RCA to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from RCA's Representative. 3.3.5
Prevailing Wages. By execution of this Agreement, Consultant certified that
it is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. 8 26493.00003\1514111.8 \\DC· 017192/00000 I • I 01555 ll v2
If the Services are being
performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and ifthe total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
RCA shall provide Consultant with a copy of the
prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site.
Consultant shall
defend, indemnify and hold RCA, its directors, officials, officers, consultants, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.6
Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex.
Every qualified apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant. 3.3.7
No Waiver. Failure of RCA to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.3.8
Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to RCA as a penalty, $50.00 for each worker employed in the execution of this Agreement by him or her, or by any sub-consultant under him or her, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the 9 26493.00003\1514111.8 \IDC-037392/00000l -IOISSSl3v2
provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 3.3.9
Contractor Registration. Effective March 1, 2015, if the Services
are
being
performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1 725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department oflndustrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department oflndustrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 3 .4
Accounting Records. 3.4.l
Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of RCA during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5
General Provisions. 3.5.l
Termination of Agreement. 3.5 .1.1
Grounds for Termination. RCA may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to RCA through the effective date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2
Effect of Termination. If this Agreement is terminated as
provided herein, RCA may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request. 3.5.1.3
Additional
Services.
In
the
event
this
Agreement
is
terminated in whole or in part as provided herein, RCA may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
10 26493.00003\1514111.8 \\DC -037392/000001-10155513 v2
3.5.2
Delivery ofNotices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant:
Douglas P. Wheeler, Partner Hogan Lovells US, LLP 555 13th Street, N.W. Washington, D.C. 20004
RCA:
Western Riverside County Regional Conservation Authority Attention: Executive Director 3403 Tenth Street, Suite 320
Riverside, CA 92501 Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at
its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service. 3.5 .3
Ownership of Materials/Confidentiality. 3.5.3.1
Documents & Data. This Agreement creates an exclusive
and perpetual license for RCA to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that RCA is granted
an
exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by RCA. RCA shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at RCA's sole risk. 3.5.3.2
Intellectual Property. In addition, RCA shall have and retain
all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data 11 26493.00003\1514111.8 \\DC-037392/000001- IOISSSIJ v2
magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. RCA shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether paid for wholly or in part by RCA, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant.
Consultant will execute separate written assignments of any and all
rights to the above referenced Intellectual Property upon request of RCA. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property.
Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of RCA. All materials and documents which were developed or prepared by Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. RCA further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.5.3.3
Infringement Indemnification.
Consultant shall
defend,
indemnify and hold RCA, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by RCA of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.4
Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of RCA, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use RCA's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of RCA.
12 26493.00003\1514111.8 \\DC· 037392/000001 - I 0155513 v2
Cooperation; Further Acts. The Parties shall fully cooperate with one
3.5.5
another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Attorney's Fees. If either Party commences an action against the other
3.5.6
Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. Indemnification. Consultant shall defend, indemnify and hold RCA, its
3.5.7
directors, officials, officers, agents, consultants, employees, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willful misconduct of the Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys' fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCA, its directors, officials, officers, agents, consultants, employees, and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against RCA or its directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse RCA and its directors, officials, officers, employees, agents, consultants, and volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by RCA, its directors, officials, officers, agents, consultants, employees, and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.5.7 shall survive any expiration or termination of this Agreement. 3.5.8
.
Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.9
Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County. 3.5.10 Time of Essence. Time is of the essence for each and every provision of this
Agreement. 3.5.11 RCA's Right to Employ Other Consultants. RCA reserves the right to
employ other consultants in connection with this Project.
13 26493.0000311514111.8 l\DC-037392/000001 -10155513 v2
3.5.12 Assignment or Transfer.
Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of RCA.
Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Successor and Assigns. This Agreement shall be binding on the successors
and assigns of the Parties, and shall not be assigned by Consultant without the prior written consent of RCA. 3.5.14 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all directors, officials, officers, agents, consultants, employees, and volunteers of Consultant, except as otherwise specified in this Agreement. All references to RCA include its directors, officials, officers, agents, consultants, employees, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.15 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.16 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition.
No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.17 No
Third
Party Beneficiaries.
There
are
no
intended
third
party
beneficiaries of any right or obligation assumed by the Parties. 3.5.18 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.19 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, RCA shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of RCA, during the term of his or her service with RCA, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
14 26493.00003\1514111.8 llDC-037392/00000l-10155513v2
3.5.20 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because ofrace, religion, color, national origin, handicap, ancestry, sex or age.
Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any RCA programs or guidelines concerning equal opportunity employment currently in effect or hereinafter enacted. 3.5.21 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.22 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.23 Counterparts. This Agreement may be signed in counterparts, each ofwhich
shall constitute an original. 3.5.24 Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to RCA. Consultant shall not respond to any such subpoena or court order until notice to RCA is provided as required herein, and shall cooperate with RCA in responding to the subpoena or court order. 3.5.25 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein. 3.5.26 Survival. All rights and obligations hereunder that by their nature are to be
performed after any expiration or termination ofthis Agreement shall survive any such expiration or termination. 3.6
Subcontracting. 3.6.l
Prior Approval Required. Consultant shall not subcontract any portion of
the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of RCA. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page]
15 26493.00003\1514111.8 \\DC-OJ7392/00000l-1015551Jv2
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
RCA
CONSULTANT
By:
By: Charles V. Landry Executive Director
Name:
Douglas P. Wheeler
Title:
Partner
RCA Oene,Pal Best
Besf & ;I/
26493.00003\1514111.8 \\DC· 037)92/000001 • 101SSS13 v2
16
EXHIBIT A
Proposed Representation of WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY Background.
Since adoption of its path-breaking Multiple Species Habitat Conservation Plan (MS HCP) in2004, the Authority and its staff have worked diligently to implement the Plan, perhaps the most ambitious of its kind in the Nation. Owing to this leadership, and despite a sometimes difficult economic
environment,
the
Plan
has
served-as
intended-to
guide
conservation
and
infrastructure development across a 1.26 million-acre swath of western Riverside County.
The
development of much-needed infrastructure continues apace, with a $2 billion investment in more than 25 projects, employing 30,000 skilled and semi-skilled workers.
At the same time, the
Authority has acquired for permanent protection more than 50,000 acres of essential habitat, towards its ultimate goal of 153,000 acres. Due to this progress, environmental litigation is rarely an impediment to progress in Riverside County, and permit streamlining is a reality.
By any
measure, the MSHCP is among the most successful in the United States. Challenges.
Despite this early success, effective implementation of the MSHCP over the 75-year life of its Incidental Take Permit will continue to require perseverance, foresight and innovation by its Board, staff and consultants. acquisition.
No challenge is more daunting than the high cost of habitat
Although the Implementation Agreement assumes that this cost will be shared in
equal parts by the County, state and federal governments, and the private sector, the cost of Plan implementation has so far has been borne largely by Riverside County and the Authority.
The
lack of readily-available funds for habitat acquisition became especially acute during the recent Recession, when reduced real estate values would have allowed the Authority to purchase habitat acreage at lower cost than had been projected.
In order to ameliorate this lack of affordable
financing, the Authority won bipartisan support from its Congressional delegation, notably including Senator Feinstein and Representative Calvert, for legislation to authorize a new program of federally-supported loans and loan guarantees. Authorizing legislation was introduced in the h l l21 Congress, but it failed to see enactment at a time of increased gridlock and polarization. Instead, the Authority won adoption of a provision in the new WIFIA (Water Infrastructure and Finance Innovation Act of 2014) that authorizes subsidized loans for habitat acquisition in conjunction with otherwise eligible water infrastructure projects. The Congress has appropriated $25 million to the Environmental Protection Agency for initiation of a highly-leveraged loan portfolio. Thus, the Authority has an opportunity to share its experience with conservation finance, and to influence the structure of this new financing mechanism. During Congressional consideration in 2015 of comprehensive transportation legislation, the Authority sought a parallel amendment of the TIFIA program to authorize loans for habitat acquisition. The Authority's proposal was adopted by the Senate and endorsed by the Administration, but was not included in the DRIVE Act as finally adopted by the conference committee.
Although opinions
vary, it is thought that House members objected to its inclusion because of concern that scarce resources would be diverted from previously-authorized uses of TIFIA funds. However, the Water Resources Development Act of2016 makes WIFIA assistance available to projects which increase 17 26493.00003\1514111.8 1\DC-037392/000001- 10155513 v2
drought resilience. The Authority will also continue to pursue the enactment of "stand-along" legislation, so that low-cost financing would be available whenever needed for habitat acquisition under the MSHCP. The Authority will also continue to seek ample appropriations for the so-called "section 6" grant program, administered by the U.S. Fish and Wildlife Service, and explore other possibilities for federal funding assistance, including establishment of a new National Wildlife Refuge on designated lands within the Plan Area. Scope of Work.
As the Authority's principal representative in Washington, Doug Wheeler will represent its interests in frequent interaction with the Executive branch, including the Department ofthe Interior and its U.S. Fish and Wildlife Service, the Office of Management and Budget, the Environmental Protection Agency and the Council on Environmental Quality; and the Legislative branch. On Capitol Hill, Wheeler interacts frequently with Members and staff of the California delegation, especially the offices ofSenators Feinstein and Boxer and Representative Calvert. These Members are critical to the success ofthe Authority's legislative agenda, including the authorization ofnew and amended programs and the appropriation of funds which are essential to support of the Authority's initiatives. As noted, specific objectives in 2017-2018 are (1) implementation by EPA of the new WIFIA program; (2) implementation of new programs for drought resilience; (3) introduction and enactment of "stand alone" legislation to authorize a new, more comprehensive program ofloans and loan guarantees for habitat acquisition; (4) representation of the Authority's interests in the national coalition ofHCP sponsors, including interaction with other plan sponsors and allied non-governmental organizations, and (5) implementation ofrecommendations for state based ESA initiatives adopted by the Western Governors Association at its annual meeting in June 2016. Owing to long experience in the public, private and non-pro fit sectors with matters pertaining to the Endangered Species Act and resource management generally, Wheeler is a well-recognized and credible spokesman on issues of concern to the Authority. He serves on the boards of non profit organizations with interests in these areas, including Duke's Nicholas Institute for Environmental Policy Solutions, Stanford's Woods Institute on the Environment; the Conservation Lands Foundation, and the Chesapeake Conservancy. His clients-in addition to the Authority include public, private and non-profit organizations which share the Authority's commitment to innovative strategies by which to balance economic development with environmental protection. As a partner in the Washington office of a global law firm, with 2,500 lawyers in more than 40 offices worldwide, Wheeler has access to expertise in virtually every legal specialty.
When
needed, he has access to this expertise in addressing issues ofconcern to the Authority while may lie outside ofhis areas of expertise, assuring prompt attention and professional service in any event. After 48 years as a practitioner in his field-in the public, private and non-profit sectors-Wheeler brings to his work for the Authority an unparalleled record of service and achievement.
18 26493.00003\1514111.8 \\DC -037392/000001 - 10155513 v2
Engagement. Hogan Lovells US LLP proposes to represent the Authority through its partner, Doug Wheeler, and other attorneys as needed, in its various practice groups. Its monthly fee for this engagement will remain unchanged for Fiscal Year 2017-18 at $12,500.00.
19 26493.00003\1514111.8 \\DC ·037392/00000l
•
IOISS513 v2
AGENDA ITEM NO. 9.4 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR AUDITING SERVICES
STAFF REPORT
May 1, 2017 Agenda Item No. 9.4
R egional Conservation Authority
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR AUDITING SERVICES
Staff Contact:
Honey Bernas Director of Administrative Services (951) 955-9700
Background: An external audit of the RCA’s annual Financial Statements is required to determine if the financials are prepared in conformity with generally accepted accounting principles. An external audit is also required of the RCA’s expenditures of federal awards. In addition, RCA has elected to engage an auditor to perform Agreed Upon Procedures on all Permittee MSHCP Fee Collections. The current five year contract with Vavrinek, Trine, Day and Company, LLP ended with the annual Financial Audits and Agreed-Upon Procedures for Fiscal Year 2016. On February 3, 2017, the RCA released a Request for Proposals (RFP) for Auditing Services, which was published on the RCA and the California Society of Municipal Finance Officers websites. Interested firms on our accounting firm list were also notified of the RFP issuance. The RCA received eight proposals by the deadline of March 2, 2017, from the following firms: Teaman, Ramirez and Smith, Inc.; White Nelson Diehl Evans, LLP; Brown Armstrong Accountancy Corporation; Nigro and Nigro, PC; Vavrinek, Trine, Day and Company, LLP; Eadie and Payne, LLP; Rogers, Anderson Malody and Scott, LLP; and Ahern Adcock and Devlon. The technical proposals were reviewed and scored by an evaluation committee including RCA staff and one staff person from the County of Riverside Auditor-Controller’s Office. The qualifications of the firms, personnel proposed for the engagement, and overall understanding and approach for audit services were evaluated. One firm was disqualified for lack of hours on the Agreed Upon Procedures during the preliminary review process. The cost proposals ranged in value from $99,800 to $120,000 for FY2017 services. Some firms proposed minor rate increases over the next five years, while others retained a fixed price for all years of the engagement. After reviewing and scoring the proposals, the three top scoring firms were invited for an interview on April 3, 2017.
AGENDA ITEM NO. 9.4 Attachment Brown Armstrong Accountancy Corporation Agreement
AGENDA ITEM NO. 10 ADOPTION OF RESOLUTION NO. 2017-004 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING AN UPDATED CRITERIA REFINEMENT CLARIFICATION POLICY AND FINDING ADOPTION OF THE POLICY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
STAFF REPORT
May 1, 2017 Agenda Item No. 10
R egional Conservation Authority
ADOPTION OF RESOLUTION NO. 2017-004, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING AN UPDATED CRITERIA REFINEMENT CLARIFICATION POLICY AND FINDING ADOPTION OF THE POLICY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Contact:
Michelle Ouellette, General Counsel Best Best & Krieger LLP (951) 686-1450
Background: Under Section 6.5 of the MSHCP, the RCA and County/Cities are authorized to undertake a refinement of cell criteria, when such a refinement is necessary to facilitate Reserve Assembly. On July 24, 2006, the RCA Board adopted a policy governing how the RCA undertakes a criteria refinement and the role of the RCA Board in the process, and then updated the policy on June 11, and October 1, 2007. Since 2007, the RCA has processed several Criteria Refinements. Given the complex nature of these actions, staff and legal counsel believe that further clarification of the process is necessary to provide more certainty to the RCA, Permittees and developers. The revisions will also help to streamline the process. A draft policy was sent to Member Agencies for review and comment on November 4, 2016. Staff received and responded to several comments. In addition, Vice Chairman Ingram has facilitated several meetings to address concerns regarding the policy and gain support amongst stakeholders. Subsequent minor changes were made to the policy as a result of these meetings and outreach. Staff presented the revised policy to the Executive Committee on April 19, 2017. Shortly before the Executive Committee’s consideration three (3) letters were received raising concerns about the policy revisions from: 1.) Sue Nash and Tom Paulek, 2.) Center for Biological Diversity and the San Bernardino Valley Audubon Society; and 3.) the San Gorgonio Chapter of the Sierra Club. Those letters are attached and RCA’s responses are attached [1] . Based upon suggestions in these letters, the Executive Committee made minor changes to the policy to clarify its intent. Legal counsel has responded to those letters and is recommending one final edit to the policy, as reflected in the redlined version attached[2].
Agenda Item No. 10 Staff Report Page 2 May 1, 2017 Attached for the RCA Board’s review and consideration is a Resolution No. 2017-004, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting an Updated Criteria Refinement Clarification Policy and Finding Adoption of the Policy Exempt from Review Under the California Environmental Quality Act [3] . Executive Committee and Staff Recommendation: That the RCA Board of Directors adopt Resolution No. 2017-004, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting an Updated Criteria Refinement Clarification Policy and Finding Adoption of the Policy Exempt from Review Under the California Environmental Quality Act. Attachments: 1. Letters Received Concerning Policy and RCA’s Responses 2. Redlined Criteria Refinement Clarification Policy 3. Resolution No. 2017-004, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting an Updated Criteria Refinement Clarification Policy and Finding Adoption of the Policy Exempt from Review Under the California Environment Quality Act
AGENDA ITEM NO. 10 Attachment 1 Letters Received Concerning Policy and RCA’s Responses • Letter from Center for Biological Diversity Jonathan Evans, Drew Feldman RCA Response dated April 27, 2017 • E-mail dated April 18, 2017 from Sierra Club George Hague RCA Response dated April 27, 2017 • Letter from Friends of the Northern San Jacinto Valley Susan Nash, Tom Paulek RCA Response dated April 27, 2017
CENTER for BIOLOGICAL DIVERSITY
Because life is good.
via email and fax Charles Landry Executive Director Western Riverside County Regional Conservation Authority
[email protected] Fax: (951) 955-8873 Executive Committee Western Riverside County Regional Conservation Authority RE:
Agenda Item 12- Revision to RCA Criteria Refinement Policy
Dear Executive Director Landry and honorable members of the Executive Committee: These comments are submitted on behalf of the Center for Biological Diversity and San Bernardino Valley Audubon Society on the proposed revision to the RCA Criteria Refinement Policy (“Proposed Criteria Refinement”). Item 12, April 19, 2017 Executive Committee Agenda. The conservation groups are concerned that the proposed criteria refinement could have potentially significant effects on imperiled wildlife and the environment in Riverside County. The Western Riverside County Regional Conservation Authority (“RCA”) must fully analyze all of those potentially significant impacts as required under the California Environmental Quality Act (“CEQA”) and assure that any proposed criteria refinement accord with the Western Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”). The Proposed Criteria Refinement policy would replace RCA’s existing Criteria Refinement Clarification Policy and establish a timeframe and process for all criteria refinements to the MSHCP. The criteria refinement is defined under the new policy as a “process to facilitate development of property within a criteria cell which is called out for conservation by removing the cell criteria from the property which is called out for conservation to a property that meets Reserve Assembly goals and is biologically equivalent or superior.” I.
The Proposed Criteria Refinement Could Result in a Potentially Signficant Impacts
The conservation groups are concerned that development within a criteria cell that has been called out for conservation will lead to potentially significant impacts on rare, sensitive, threatened, and endangered species and their habitats. The existing MSHCP reserve design is already under great pressure and stress and “streamlining” the criteria refinement process could result in potentially significant impacts to wildlife that the MSHCP was established to protect. One of CEQA’s main principles is to “[p]revent the elimination of fish and wildlife species due to man’s activities, insure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities.” Alaska • Arizona • California • Florida • Minnesota • New York • Oregon • Vermont • Washington • Washington, DC
Jonathan Evans, Environmental Health Legal Director & Senior Attorney 1212 Broadway, Suite 800, Oakland, CA 94612 tel: (510) 844-7100 x318 fax: (510) 844.7150 email:
[email protected] www.BiologicalDiversity.org
Pub. Resources Code § 21001(c). The State CEQA Guidelines Appendix G defines an impact significant if it would have a substantial adverse effect, either directly or through habitat modification, on any species recognized as special status by local, state, or federal laws. CEQA Guidelines App. G § IV(b). It is in this context that the Supreme Court found that a “potential substantial impact to endangered, rare or threatened species is per se significant.” Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal. 4th 412, 449, citing CEQA Guidelines § 15065(a)(1). In order to address several issues related to the cost, revenue sources, and plan benefits associated with the MSHCP the RCA contracted with the RAND Corporation to provide an independent and objective analysis entitled “Balancing Environment and Development: Costs, Revenues, and Benefits of the Western Riverside County Multiple Species Habitat Conservation Plan.” (RAND 2008). First, the RAND study revealed that the operating cost “exceeds the original forecast in WRC-MSHCP planning documents by $345 million (increasing from $937 million to $1,282 million).” (RAND 2008 at xxvi). This was due primarily to the failure to integrate costs into the original estimate. (RAND 2008 at xxvi). Second, the expected revenue sources do not correlate to the strategy for acquiring land outlined in the MSHCP, and the RAND study did not conclude that “existing local revenue streams will be sufficient to finance the local share of reserve assembly and operation costs.” (RAND 2008 at xxvii). Notwithstanding these revenue shortages the RAND study further concluded that the “individual acreage goals cannot all be met using the USFWS CRD [conceptual reserve design].” (RAND 2008 at xxx). In other words, the reserve design relied upon by the US Fish and Wildlife Service and California Department of Fish and Wildlife in determining that biological impacts would be mitigated below a level of significance may not be achieved. Linkages provide crucial connectivity between wildlife core areas to allow species to migrate and breed between population centers. Linkages within the MSHCP are currently under great pressure and may not be performing as needed to adequately protect wildlife under the plan. Notably, 60 percent of the linkages are described as “constrained linkages” indicating that their design may be particularly narrow, encounter a road or highway crossing(s), incorporate disturbed, developed or agricultural land uses, involve the use of culverts or be restricted to a modified stream channel, and/or are adjoined by land uses that will likely impair their suitability for supporting movement of some or all of the target species. Given the narrowness of many of the linkages, their high edge to interior ratios, and the constraints that many of them face such as developed land uses and roads, functional connectivity between habitat areas will necessitate using the high end of the conservation Criteria ranges targeted for cells or cell groupings (e.g., Proposed Constrained Linkages 1, 2, 14 and 19). Additionally, large linkage distances between several core areas (e.g., Alberhill to Antelope Valley, Lake Mathews to Lake Perris, Santa Rosa Ecological Preserve to Santa Margarita Ecological Preserve) will necessitate conservation of suitable and diverse live-in habitat within the linkages in order to preserve functional connectivity among core areas for a number of target species. Biological Opinion for the MSHCP at 130. Any further impacts to linkages enabled by the Proposed Criteria Refinement could prevent the “high end” of conservation required and lead to potentially significant impacts.
Revision to RCA Criteria Refinement Policy April 18, 2017 Page 2 of 6
Criteria refinements may also result in potentially significant impacts if threatened or endangered species must be translocated from habitats in areas that are currently designated for protection. Translocation of endangered plants and animals in itself can result in potential “take” under the Endangered Species Act or result in potentially significant impacts. As noted by the U.S. Fish and Wildlife Service “physical action of moving the species is an impact, and if the relocation fails, that is a larger impact, one that cannot be mitigated below a level less than significant.” U.S.F.W.S. Letter to Riverside County Board of Supervisors, March 5, 2016. The conservation groups are further concerned that the Proposed Criteria Refinement will result in potentially significant cumulative impacts. The purpose of analyzing cumulative environmental impacts is to assess adverse environmental change “as a whole greater than the sum of its parts.” Environmental Protection Information Center v. Johnson (1985) 170 Cal. App. 3d 604,625. By evaluating the incremental impact of a proposed project, in connection with other projects causing related impacts, agencies may avoid the environmental harm that comes from considering projects “in a vacuum.” Whitman v. Board of Supervisors (1979) 88 Cal. App. 3d 397, 408, 151 Cal. Rptr. 866. By failing to take a comprehensive look at the potential impacts of the Proposed Criteria Refinement across the MSHCP conservation area the proposed impacts may be improperly minimized. As CEQA recognizes a “project's incremental impact may be individually limited but cumulatively considerable when viewed together with the environmental impacts from past, present, and probable future projects.” Guidelines § 15130(a). The RCA must assure that any proposed cumulative impacts from the Proposed Criteria Refinement are analyzed at a scale that doesn’t minimize their incremental impact. The Proposed Criteria Refinement is a discretionary project that may potentially have a significant effect on the environment. A criteria refinement, by definition, would remove “the cell criteria from the property which is called out for conservation to a property that meets the Reserve Assembly goals.” This action may have a direct, indirect, and cumulatively significant effect on wildlife and habitat, does not qualify for any exemption, and must undergo analysis via a Mitigated Negative Declaration or Environmental Impact Report. II.
Environmental Review Should Occur Before the RCA Considers This Proposed Criteria Refinement
The RCA should assure that environmental review occurs early in the process so that it considers any potential environmental impacts. Comprehensive environmental review must occur in connection with an agency’s first approval of a project. It cannot be delayed until subsequent approvals. Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 134; Bozung v. Local Agency Formation Comm. (1975) 13 Cal.3d 263, 283-84. Because the approval of land use legislation, such as general plans and zoning ordinances, serves as the “necessary first step to approval of a specific development project,” CEQA requires meaningful analysis of that ultimate development. City of Carmel-By-the-Sea v. Bd. of Supervisors (1986) 183 Cal.App.3d 229, 23335, 244. RCA’s proposed changes to land use plans and to the MSHCP, which was itself subject to CEQA review, must be analyzed under CEQA because it is a necessary first step in the approval of any revised criteria refinement.
Revision to RCA Criteria Refinement Policy April 18, 2017 Page 3 of 6
The timing of environmental review is crucial because allowing a project to gain momentum before any CEQA process occurs may improperly constrain the ability to develop alternatives or mitigation measures that require a change in the design of the project. The Proposed Criteria Refinement improperly constrains the ability to fully analyze mitigation and alternatives because Attachment A to the proposed resolution contemplates that RCA staff would issue a criteria refinement decision before the completion of the CEQA process. Any process must assure that the public and expert agencies have the ability to provide input, analysis, proposed mitigation measures, and reasonable alternatives before staff have coordinated with developers and permittees on specific alternatives that be encouraged, or prohibited, by any proposed criteria refinement. III.
Proposed Criteria Refinements Must Comply with the MSHCP
The MSHCP lays out the process and standards for the criteria refinement process in section 6.5. RCA must assure that any proposed criteria refinements conform with the underlying MSHCP or undergo the process to amend the MSHCP as required in section 6.10. This further demonstrates the importance of CEQA review at an early stage because conflicts with applicable planning documents, particularly those adopted for the purpose of avoiding or mitigating environmental impacts, constitute adverse impacts that a public agency must analyze and mitigate. Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 930. The MSHCP requires the following Criteria Refinements may be initiated by Local Permittees, or at the request of private entities to Local Permittees if agreed to by the applicable Local Permittee, either for purposes of correcting minor discrepancies or inaccuracies or for evaluating alternative conservation proposals involving single or multiple landowners and jurisdictions that are of equivalent or superior benefit to Covered Species. Such Criteria Refinements may involve changes to Cores and Linkages as long as it is demonstrated that the Refinements would clearly benefit Covered Species and would be consistent with MSHCP policies and species conservation goals.” MSHCP § 6.5. The MSHCP notes that criteria refinements are “for purposes of correcting minor discrepancies or inaccuracies or for evaluating alternative conservation proposals… that are of equivalent or superior benefit to Covered Species.” MSHCP § 6.5. However, the Proposed Criteria Refinement is defined as a “process to facilitate development of property within a criteria cell.” This turns the MSHCP process on its head because it shifts the focus from “evaluating alternative conservation proposals” to facilitating development. The Proposed Criteria Refinement also shifts the proposal for a criteria refinemnt to the developer and not the Local Permittee. The Proposed Criteria refinement notes that “Criteria Refinements may be proposed by Permittees or developers.” However, it does not clarify that the request from the developer must be “agreed to by the applicable Local Permittee.” MSHCP § 6.5. The MSHCP further has specific requirements that must be incorporated into any proposed criteria refinement. The MSHCP requires that changes to Cores and Linkages can only be made “as long as it is demonstrated that the Refinements would clearly benefit Covered Species.” MSHCP § 6.5. The MSHCP further requires the following:
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Criteria Refinements that are proposed to incorporate Conservation outside of the Criteria Area to meet equivalency findings shall be subject to concurrence by the Wildlife Agencies. In such cases, the Permittee shall meet and confer with the Wildlife Agencies prior to submittal of information to the RCA. MSHCP § 6.5. The Proposed Criteria Refinement must incorporate both the substance and timing of the MSHCP. IV.
Conclusion
Thank you for the opportunity to comment on the Proposed Criteria Refinement. Our comments are provided shortly before the Executive Committee meeting because we were not provided notice of the Proposed Criteria Refinement by RCA and were only made aware of the proposal shortly before the April 19 meeting. The conservation groups request to be placed on the notice list for all future reports, information, or hearings related to revisions to the RCA criteria refinement policy and proposed criteria refinements generally. Please provide future notice to the Center for Biological Diversity at the contact information above and to the San Bernardino Valley Audubon society via Drew Feldmann, Conservation Comittee (
[email protected]). Sincerely,
Jonathan Evans Senior Attorney Center for Biological Diversity Drew Feldmann Conservation Comittee San Bernardino Valley Audubon Society
Revision to RCA Criteria Refinement Policy April 18, 2017 Page 5 of 6
cc: (via email) Honey Bernas Director of Administrative Services Western Riverside County Regional Conservation Authority
[email protected] Executive Committee Members Western Riverside County Regional Conservation Authority Marion Ashley Fifth District Supervisor, Riverside County
[email protected] Jonathan Ingram Mayor Pro Tem, City of Murrieta
[email protected] Natasha Johnson Mayor Pro Tem, City of Lake Elsinore
[email protected] John F. Tavaglione Riverside County, Second District Supervisor
[email protected] Eugene Montanez City of Corona, Council Member
[email protected] Jeff Hewitt Mayor, City of Calimesa
[email protected] Maryann Edwards Mayor, City of Temecula
[email protected] Attachment U.S. Fish and Wildlife Service, Letter re Item 3-1: Resolution Nos. 2016-102 Making Responsible Agency Findings Pursuant to the California Environmental Quality Act and 2016103 Authorization to Exchange Real Property Located in the City of Lake Elsinore (April 5, 2016), March 5, 2016.
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u.s. Fish and Wildlife Service Palm Springs Fish and Wildlife Office 777 East Tahquitz Canyon Way, Suite 208 Palm Springs, California 92262 760-322-2070 FAX 760-322-4648
California Department of Fish and Wildlife Inland Deserts Region 3602 Inland Empire Blvd., Suite C-220 Ontario, California 91764 909-484-0167 FAX 909-481-2945
In Reply Refer To: FWS/CDFW-15B0092-16CPA0282
Riverside County Board of Supervisors County of Riverside 4080 Lemon St., 5th Floor Riverside, California 9250 I Subject:
MAR - 5 2016
Item 3-1: Resolution Nos. 2016-102 Making Responsible Agency Findings Pursuant to the California Environmental Quality Act and 2016-103 Authorization to Exchange Real Property Located in the City of Lake Elsinore (April 5, 2016)
Dear Chairman Benoit and Board Members: The California Department ofFish and Wildlife (Department) and the U.S. Fish and Wildlife Service (Service), hereafter referred to jointly as the Wildlife Agencies, have reviewed Resolution Nos. 2016-102, Making Responsible Agency Findings Pursuant to the California Environmental Quality Act and Issuing Certain Limited Approvals, and 2016-103, Authorization to Exchange Real Property in the City of Lake Elsinore; and Approval of Agreements between the County of Riverside and Castle & Cooke Commercial-CA, Inc., item 3-1 on the April 5, 2016 agenda. The Wildlife Agencies provided comments (enclosed) on Resolution Nos. 2015-030 and 2016-074. Those comments are relevant to Resolution Nos. 2016-102 and 2016-103. We respectfully request that you consider our previous comments in this action and we offer the following additional comments on Resolution No. 2016-103 and the County of Riverside's (County) implementation of Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). We have concerns about the loss of use and value to the MSHCP conservation area from the proposal, the County's findings in executing the Notice of Determination (NOD) under the California Environmental Quality Act (CEQA), the advisability of completing the exchange based on a translocation effort with an unknown outcome and the lack of MSHCP implementation for the resolution and translocation effort. We appreciate the meeting and discussion with County Counsel and Western Riverside County Regional Conservation Authority (RCA) after our last letter. The meeting was informative and we hope representative of future discussion regarding this issue and the MSHCP. However, while our issues regarding the proposed land exchange were recognized and discussed no decisions were made to address or alleviate them. We are committed to working with the County to resolve our issues and believe the best way to accomplish this is to continue to work together. We request a meeting with interested parties to work towards resolution. Land Exchange The property proposed for exchange was acquired by the County using Ordinance 810 fees as open space for conservation of wildlife and plant life (County Resolution No. 2004-069,
Chairman Benoit and Board Members (FWS/CDFW-15B0092-16CPA0282)
2
enclosed). Resolution No. 2016-103 states that the County desires to acquire 40 acres owned by Castle & Cooke Commercial-CA, Inc. (C&C) for conservation purposes and identifies significant cost savings to the MSHCP. The Submittal to the Board of Supervisors, County of Riverside, State of California, Form 11 (Form 11) states that the cost savings would result from the assumption of responsibilities under the Temporary Operations and Maintenance Agreement by C&C. Please note that those responsibilities are not MSHCP responsibilities and the transfer of those costs will not benefit the MSHCP. Resolution 2016-102 and CEOA By executing the NOD for Resolution No. 2016"013 the County has indicated that the City of Lake Elsinore's (City, the CEQA Lead Agency) Environmental Impact Report (EIR) No. 89-2 for the Alberhill Ranch Specific Plan and Addendum No. IV (State Clearinghouse No. 88090517) are adequate for its use in taking a Responsible Agency action in approving Resolution No. 2016-013. Furthermore, the NOD indicates the County has determined that approval of Resolution No. 2016013 (project) will not have significant effect on the environment, and that mitigation measures were not made a condition of the approval of the project. The project will have one or more significant effects not discussed in the original EIR, or in Addendum IV. San Diego ambrosia (Ambrosia pumila) is found on Parcel D proposed to be traded to C&C. The species is federally listed as endangered, and classified by the California Native Plant Society's Rare Plant Rank as a IB.l species meaning that it is seriously endangered in California. The presence of Ambrosia and the identification and analysis of impacts to the species has not been disclosed under CEQA. Note that a subsequent or supplemental EIR is required when the project will have one or more significant effects not discussed in the previous EIR (Guidelines § 15162(3)(A), §15163). Additionally in Section 1.2 Addendum No. IV (Conclusion and Analysis) the City recognizes the County's purchase ofthe 598 acres for conservation and inclusion in the MSHCP and concludes that " .. .it can be reasonably anticipated that no urban development ... will occur in the 598acre area ..." Furthermore, as the County has identified the presence ofthe species on site in the Resolution documents, a subsequent or supplemental ErR should be completed. The NOD identifies that mitigation measures were not made a condition of approval of the project, despite the requirement in Resolution No. 2016-013 for an easement reservation over a portion of the land within APN 390-130-029, which, as stated on page 3 of 5 of the Form 11, as part of the exchange transaction" ... the easement reservation in favor of the County over a portion of the land with APN 390-130-029 will include restrictions on development by C&C and conditions for the successful translocation of the San Diego Ambrosia plant species which may be performed by the RCA or another entity approved by the County pursuant to success criteria established prior to any development being permitted within the easement area. The Exchange Agreement and the Grant Deed with Easement Reservation will include provisions indicating that the successful translocation of the San Diego Ambrosia plants from the easement area to another shall be performed prior to any development occurring on that portion of land. Once successful translocation has been confirmed by the County and RCA with input from the Wildlife Agencies, the easement interest would be relinquished by the County to C&C in the manner provided in the Grant Deed with Easement Reservations." The County's requirement for an easement reservation along with the aforementioned restrictions appears to be CEQA a mitigation measure that the County is requiring as a condition of approval of the project.
Chairman Benoit and Board Members (FWS/CDFW-15B0092-16CPA0282)
3
The mitigation directed by the County may have a significant effect - physical action of moving the species is an impact, and if the relocation fails, that is a larger impact, one that cannot be mitigated to a level less than significant. These potential effects have not been analyzed or disclosed under CEQA. Furthermore, the mitigation strategy should be disclosed under CEQA. Compelling the mitigation under the Resolution circumvents public review and comment. Ambrosia Easement and Translocation For the reasons stated in our previous letters, we remain concerned about the outcome of the translocation and request that successful translocation be demonstrated before the land exchange is carried out. Resolution 2016-103 provides for the reservation of an easement to restrict development by C&C on a portion of the property to accommodate the successful translocation the San Diego Ambrosia population on exchange Parcel D. The Ambrosia Easement is identified as an 80-foot by 125-foot area in Exhibit A of Attachment A to Exhibit Al of Resolution 2014103. A 50-foot access easement from Lake Street to the Ambrosia Easement area is described in Exhibit B of Attachment A. The stated purpose of the Ambrosia Easement is to protect the population from development. The easement area is too small to provide for the ecological process that support the plants. San Diego Ambrosia populations are associated with damp places or stream sides. The population on the exchange property is supported by water coming from the south and flowing into Temescal Creek. Ifthe County is seeking to protect the plants from development, then the entire portion of exchange Parcel D that provides the hydrology that supports the population should be included in the easement area. We also recommend that only half of the population be translocated initially. Then after the initial translocation is judged successful, the rest of the popUlation can be moved prior to development on site. MSHCP Implementation and Consistency Both Resolution 2016-103 and the Form II anticipate development, by C&C or some other owner, of exchange Parcel D which supports the Ambrosia. As we noted in our comments to the Board on Resolution Nos. 2015-030 and 2016-074, the exchange property is currently in use by the County and the other MSHCP permittees providing conservation for wildlife and plants and supporting both MSHCP reserve assembly and Species Objective obligations for San Diego ambrosia and Munz's onion (Allium munzii, state threatened and federally endangered). The exchange area is in MSHCP Criteria Cells and all or nearly all of the area that the County is proposing to trade out is described for conservation. The MSHCP does not contemplate the trade out ofland acquired and counted for conservation. However, if the County wishes to complete the proposed land exchange in a manner that is consistent with the MSHCP, a Criteria Refinement as described in MSCHP section 6.5 is required. The Criteria Refinement should be included in an MSHCP Joint Project Review (JPR) for the project (Resolution No. 2016-103) consistent with section 13.2. E of the MSHCP Implementing Agreement. Please note that the definition of discretionary project used by the MSHCP is the same as the CEQA definition. As indicated by Resolution 2016-102 and the executed NOD, you have concluded that the proposed land exchange is a discretionary project; it therefore needs MSHCP implementation.
Chairman Benoit and Board Members (FWS/CDFW -15B0092-16CPA0282) Generally, a criteria refinement is necessary when development is proposed for an area that is described for conservation. In this instance, the County an MSHCP permittee, is taking an action to remove an area purchased for conservation in support ofMSHCP reserve assembly and provide for its development. The proposed translocation effort with success criteria and a plan for dealing with an unsuccessful effort should be included in the Criteria Refinement as part of the strategy to keep the MSHCP whole. As we noted in our last letter on this matter, all ofthe land proposed for exchange is in the MSHCP Criteria Area. As such, all discretionary projects affecting that land are subject to the JPR process and MSHCP policies and procedures. The County-owned 40-acre exchange area is within the area described for MSHCP reserve assembly. Future development projects would be subject to the HANS process (or LEAPS process ifMSHCP implementation is carried out by the City of Lake Elsinore) and MSHCP implementation. The alternative to a Criteria Refinement in support of Resolution 2106-103, is that the developer or the City of Lake Elsinore would have complete the Criteria Refinement prior to or simultaneous with any future project approvals. We appreciate the opportunity to comment on item 3-1 and request that Resolution No. 2016-103 not be adopted until our concerns are addressed and MSHCP implementation procedures and the CEQA process are completed. If Resolution No. 2016-103 is adopted, we request that the land exchange not be executed until our concerns are addressed. We also request a meeting to discuss our concerns. We look forward to working with the County to resolve these significant issues. To schedule a meeting, or if you have any questions regarding these comments, please contact Karin Cleary-Rose of the Service at 760-322-2070, extension 206, or Heather Pert of the Department at 858-395-9692. Sincerely,
~A~
iW hennon A. Corey Assistant Field Supervisor U.S. Fish and Wildlife Service
Leslie MacNair Inland Deserts Region Regional Manager CA Department ofFish and Wildlife
Enclosures cc: Jeff Brandt, CA Department of Fish and Wildlife MSHCP Permittees
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From: To: Cc: Subject: Date: Attachments:
George Hague Landry, Charles Bernas, Honey; District5;
[email protected];
[email protected]; District2;
[email protected];
[email protected];
[email protected] RCA ExCom: Agenda Item 12- Revision to RCA Criteria Refinement Policy Tuesday, April 18, 2017 7:03:44 PM 2017-4-18.Agenda 12.Criteria refinment.pdf
Dear Executive Director Landry and honorable members of the Executive Committee:
The San Gorgonio Chapter of the Sierra Club agrees with the attached comments submitted on behalf of the Center for Biological Diversity and San Bernardino Valley Audubon Society on the proposed revision to the RCA Criteria Refinement Policy. Item 12, April 19, 2017 Executive Committee Agenda. The conservation groups, which includes the Sierra Club, are concerned that the proposed criteria refinement could have potentially significant effects on imperiled wildlife and the environment in Riverside County. The Western Riverside County Regional Conservation Authority must fully analyze all of those potentially significant impacts as required under the California Environmental Quality Act and assure that any proposed criteria refinement accord with the Western Riverside County Multiple Species Habitat Conservation Plan. Please send the Sierra Club all future documents and notices of future meetings related to this item by using this email address and the street address under my name.
Thank you, George Hague Sierra Club Moreno Valley Group Conservation Chair 26711 Ironwood Ave Moreno Valley, CA 92555
Susan Nash Tom Paulek Friends of the Northern San Jacinto Valley P.O. Box 4036 Idyllwild CA 92549
[email protected] 909-228-6710 Regional Conservation Authority Executive Committee 3403 Tenth Street, Suite 320 Riverside CA 92501 Re: April 19, 2017, Agenda Item #12: RECOMMENDATION TO REVISE THE CRITERIA REFINEMENT POLICY. RCA Executive Committee: The Friends of the Northern San Jacinto Valley, Susan Nash (President) and Tom Paulek (Conservation Chair) submit the following comments regarding the Revisions to the RCA Criteria Refinement Policy. Although the policy mentions the RCA as a CEQA Responsible Agency, the policy does not clearly state the holding of Albert Thomas Paulek v. Western Riverside County Regional Conservation Authority (2015) 237 Cal. App. 4th 1005, [depublished with no stated grounds]. The court held, as a matter of law (citing Creed-21 v. City of San Diego (2015) 234 Cal. App. 4th 488, 503; Rominger v. County of Colusa (2014) 229 Cal. App. 4th 690,702), that this action was a “project” subject to CEQA. Reasoning by analogy to general plan and zoning enactments and amendments, the Court held that removal of a MSHCP’s conservation overlay protection from certain lands is a “change [that] emobdie[s] a fundamental land use decision that has the potential for causing ultimate physical changes in the environment, because land that was protected for conservation purposes will no longer be subject to such protection.” The Criteria Refinement proposed revisions must clearly state that the Criteria Refinement itself is subject to a separate CEQA analysis and findings by the RCA, either as a CEQA Lead or Responsible Agency. The Findings made by the RCA listed in section (k)(i-vii) of the proposed revision must also include (ix) Analysis and Findings under CEQA that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared specifically for the Criteria Refinement. Please make these changes to the Criteria Refinement Policy Revisions before forwarding them to the full RCA. Susan Nash, President Tom Paulek, Conservation Chair CC: Ileene Anderson, Center for Biological Diversity
AGENDA ITEM NO. 10 Attachment 2 REDLINED CRITERIA REFINEMENT CLARIFICATION POLICY
Redlined
CRITERIA REFINEMENT CLARIFICATION POLICY May 1, 2017 PURPOSE: The purpose of this policy is to clarify the existing Criteria Refinement process contained in Section 6.5 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). APPLICABILITY: This policy applies to all Criteria Refinements. SCOPE: Criteria Refinements may be proposed by Permittees or developers, subject to agreement by the applicable Permittee. Nothing contained herein shall interfere with the Local Permittee’s land use authority over the future use of the project site. DEFINITIONS: Criteria Refinement – A process that would remove cell criteria from property which is called out for conservation to a property that meets Reserve Assembly goals and is biologically equivalent or superior. Affected Party – The requesting Permittee, other affected Permittee(s), the Wildlife Agencies, and property owners directly affected. PROCESS: 1. A pre-submittal meeting with the applicant, Local Permittee, the RCA and the Wildlife Agencies will be held prior to the initiation of the Criteria Refinement process. The purpose of the meeting is to gain preliminary concurrence of all parties and identify suitable replacement land early in the process. 2. The following procedures shall apply to all Criteria Refinements: (a)
Using the project information materials submitted by the Permittee required under Section 6.5 of the Plan, the RCA shall prepare draft biological evaluation and equivalency analysis findings within 60 days of receipt of a complete application package that analyzes the proposed Criteria Refinement.
(b) RCA staff shall prepare and distribute the draft findings of equivalency analysis to the Permittee, other affected Permittee(s), the Wildlife Agencies, property owners directly affected by the Criteria Refinement, and any person or organization that has requested a copy of the report. (c)
The RCA will provide the parties set forth in subsection (b) above 60 calendar days to review the draft findings. However, the 60-day review period may be waived if the Permittee, the RCA, affected Permittees, Wildlife Agencies, and affected property owners are in agreement regarding the Criteria Refinement. Page 1 of 5
(d) Within 30 calendar days of the close of the 60-day review period, the RCA shall hold a meeting to meet and confer with the Permittee(s) and the Wildlife Agencies to discuss the draft findings, consider conservation alternatives, and attempt to resolve any outstanding issues. This meeting may be waived if the parties are in agreement regarding the Criteria Refinement. (e) In the event the parties are in agreement regarding the Criteria Refinement or resolve any disputed issues at the meet and confer meeting described in subsection (d) above, RCA staff shall issue its final findings on the Criteria Refinement subject to final action on the findings by the RCA Board after the Permittee has acted on the related development or public project and completed environmental review as the lead agency under the California Environmental Quality Act (“CEQA”). (f) If a Criteria Refinement is proposed as a result of a particular development or public project, the Local Permittee’s Habitat Evaluation and Acquisition Negotiation Strategy (HANS) or equivalent process and the Joint Project Review process must be completed prior to Permittee project approval and RCA Board adoption of Criteria Refinement findings. (g) The RCA Board shall conduct a public hearing on the proposed Criteria Refinement at the next regularly scheduled Board meeting after the 60 day comment period or the meet and confer meeting, provided that the actions have been taken by the Permittee as referenced in Section (i) below. (h) The Permittee, the Wildlife Agencies, affected Permittees, any property owners directly affected by the proposed Criteria Refinement, and any person or organization that has requested notice shall be notified in writing of the date, time, and place of the hearing. (i) The RCA Board shall not make a final determination on the Criteria Refinement until after the Permittee has approved the related development or public project and completed environmental review as the lead agency under CEQA. If no development or public project is proposed, any other Permittee-initiated Criteria Refinement would also be required to prepare appropriate environmental review under CEQA. The project’s CEQA document must include the Criteria Refinement analysis for RCA Board action. The RCA will act as a responsible agency under CEQA when considering the final determination on the Criteria Refinement pursuant to the requirements of State CEQA Guidelines section 15096. (j) For developer-initiated Criteria Refinements, the development project applicant shall fully indemnify the RCA in any legal actions challenging the Criteria Refinement. For Permittee-initiated Criteria Refinements, RCA shall indemnify the Member Agency for legal challenges related to Permittee-initiated Criteria Refinements, but only as related to MSHCPrelated causes of action and pursuant to the Joint Powers Agreement. Page 2 of 5
(k) The final determination of the RCA Board expressed in Section 6.5 of the Plan is not an approval or denial of the Criteria Refinement, but an acceptance or rejection of the following findings: i)
The Criteria Refinement Report adequately and objectively addresses the biological issues associated with the refinement, including, but not limited to, the biological issues listed in 1) through 7) of the “Equivalency Analysis” in Section 6.5 of the MSHCP.
ii)
The equivalency analysis adequately and objectively evaluates prospective replacement conservation land or other findings of equivalency as appropriate to the proposed CR.
iii)
The report is prepared in conformance with the MSHCP.
iv)
The modifications to the criteria do not rise to the level of an amendment to the Plan and do not reduce the Criteria Area.
v)
The proposed project (incorporating Criteria Refinements) is considered to be biologically equivalent or superior to a project on the same site not deviating from the MSHCP Criteria.
vi)
The Criteria Refinement results in equivalent or greater conservation value and acreage within the Conservation Area.
vii)
The replacement conservation land has been secured for permanent conservation by an option agreement, escrow instructions, fee title, conservation easement, or similar documents which demonstrate agreements or control over the replacement conservation land; and the Wildlife Agencies have concurred with the refinement, if the replacement conservation land is outside the Criteria Area.
viii) The RCA Board action shall be reported in writing to the Permittee. (l) When the RCA Board has made the findings identified above with respect to a project Criteria Refinement and the equivalent or superior replacement conservation land is secured in permanent conservation, then the Criteria Refinement is deemed complete, and the project site is no longer subject to reserve assembly requirements, but is subject to other MSHCP requirements.
Page 3 of 5
FINANCIAL: 1. All RCA costs associated with processing a developer-initiated Criteria Refinement shall be borne by the developer. 2. All RCA costs associated with Permittee-initiated Criteria Refinements shall be borne by the requesting Member Agency unless the RCA Board of Directors makes the following findings at the time of initiation of the Criteria Refinement: (a)
The Criteria Refinement will affect other areas of the Plan outside the jurisdiction of the requesting Permittee through the acquisition of replacement conservation land.
(b) The Criteria Refinement will likely result in significant long-term reduction in land acquisition costs. Attached is a flow chart outlining the Criteria Refinement process (Attachment A).
Page 4 of 5
ATTACHMENT A CRITERIA REFINEMENT PROCESS Start Pre-submittal meeting with applicant, Permittee, RCA and Wildlife Agencies Permittee to submit complete project information materials 60 Days
30 Days Meet and Confer
RCA to prepare draft biological evaluation and equivalency analysis
60 Days
30 Days Permittee, Affected Permittees, RCA and Wildlife Agencies Review
RCA staff issues CR Findings
Permittee to complete HANS, JPR, CEQA & Project Approval
RCA to notify parties of public hearing RCA public hearing & Board to issue CEQA Responsible Agency Findings and final CR Findings Page 5 of 5
If all Parties in Agreement
AGENDA ITEM NO. 10 Attachment 3 RESOLUTION NO. 2017-004
RESOLUTION NO. 2017-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING AN UPDATED CRITERIA REFINEMENT CLARIFICATION POLICY AND FINDING ADOPTION OF THE POLICY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Western Riverside County Regional Conservation Authority (the “RCA”) provides primary policy direction for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”); and WHEREAS, in 2003, the County of Riverside, acting as lead agency under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, §§ 21000 et seq.) and the State CEQA Guidelines (14 Cal. Code Regs., tit. 14, §§ 15000 et seq.) certified a joint Environmental Impact Report/Environmental Impact Statement pursuant to CEQA and the National Environmental Policy Act analyzing all potential adverse environmental impacts associated with implementation of the MSHCP; and WHEREAS, Section 6.5 of the MSHCP sets forth the “Criteria Refinement Process” in cases where refinements to the Criteria are desirable to facilitate Reserve Assembly, resulting in adjustments to the Criteria; and WHEREAS, on July 24, 2006, the RCA Board of Directors (“Board”) adopted a Criteria Refinement Policy (“Policy”) governing how the RCA undertakes a Criteria Refinement and the role of the Board in the process and then updated the Policy on June 11, and October 1, 2007; and WHEREAS, RCA believes it is important to update the Policy and procedure to clarify the Criteria Refinement process and ensure that any Criteria Refinement satisfies the MSHCP’s Reserve Assembly and conservation goals and has therefore prepared the Criteria Refinement Clarification Policy (“Clarification Policy”); and WHEREAS, although RCA is not proposing to make findings for any specific Criteria Refinements at this time, and all environmental impacts associated with implementation of the MSHCP were evaluated in 2003, RCA staff has evaluated the Clarification Policy pursuant to CEQA and determined that it does not constitute a project within the meaning of State CEQA Guidelines section 15378; and WHEREAS, even if the Clarification Policy constitutes a project within the meaning of CEQA, staff has evaluated the proposed revisions and determined that the Clarification Policy would be exempt from CEQA review pursuant to State CEQA Guidelines sections 15061(b)(3), 15307, and 15308; and 26493.00003\29738707.3
1
WHEREAS, having reviewed and considered the information contained in the Clarification Policy, together with the staff report, all comments made at the meeting, and all other information before the Board, the Board has determined that the Clarification Policy is not subject to environmental review under CEQA; and WHEREAS, the Clarification Policy supersedes and replaces the existing Policy and all other amendments; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Board of Directors for the Western Riverside County Regional Conservation Authority does hereby resolve as follows: SECTION 1. Compliance with the California Environmental Quality Act. The Board hereby finds and determines that the adoption of the Clarification Policy is not a project pursuant to CEQA. Specifically, the Board finds that, because it is not considering any specific Criteria Refinement proposal, and because the Clarification Policy will not result in any direct, indirect or cumulative physical change in the environment, its approval is not a project under State CEQA Guidelines section 15378. The Board further finds that even if the Clarification Policy constitutes a project pursuant to CEQA, it is exempt from CEQA review pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that approval of the Clarification Policy has no potential for physical impacts to the environment. Finally, the Board finds that the Clarification Policy is further exempt from CEQA review pursuant to State CEQA Guidelines sections 15307 and 15308 as an action taken by a regulatory agency that will assure the maintenance, restoration, or enhancement of a natural resource and the environment. The Clarification Policy revises the existing Policy in a manner that requires an applicant to fully analyze any environmental impacts associated with a proposed Criteria Refinement, and fully comply with CEQA before any Criteria Refinement proposal may be considered by the Board. As a result, the Clarification Policy establishes a process that will ensure the protection of the environmental and natural resources within the boundaries of the MSHCP, and will ensure that RCA meets the MSHCP’s Reserve Assembly goals and that any refined property is biologically equivalent or superior. SECTION 2. Approval and Adoption of the Criteria Refinement Clarification Policy. The Board hereby approves and adopts the Criteria Refinement Clarification Policy, a copy of which is attached to this Resolution as Exhibit “A.” SECTION 3. Execution of this Resolution. The Chairman of the Board shall sign this Resolution and the Clerk of the Board shall certify this Resolution was duly and properly adopted by the Board. SECTION 4. Notice of Exemption. The Board hereby directs staff to file a Notice of Exemption with the Riverside County Clerk-Recorder within five (5) working days of the adoption of this Resolution.
26493.00003\29738707.3
2
SECTION 5. Location of Documents. The documents and materials that constitute the record of proceedings on which these findings have been based are located at RCA’s office located at 3403 10th Street, Suite 320, Riverside, CA 92501. PASSED AND ADOPTED at the regular meeting of the Board of Directors of the Western Riverside County Regional Conservation Authority held this 1st day of May, 2017.
By:_______________________________ Marion Ashley, Chairman Western Riverside County Regional Conservation Authority ATTEST: By: Honey Bernas, Clerk of the Board Western Riverside County Regional Conservation Authority
26493.00003\29738707.3
3
Exhibit A (See Attached)
26493.00003\29738707.3
4
CRITERIA REFINEMENT CLARIFICATION POLICY May 1, 2017 PURPOSE: The purpose of this policy is to clarify the existing Criteria Refinement process contained in Section 6.5 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). APPLICABILITY: This policy applies to all Criteria Refinements. SCOPE: Criteria Refinements may be proposed by Permittees or developers, subject to agreement by the applicable Permittee. Nothing contained herein shall interfere with the Local Permittee’s land use authority over the future use of the project site. DEFINITIONS: Criteria Refinement – A process that would remove cell criteria from property which is called out for conservation to a property that meets Reserve Assembly goals and is biologically equivalent or superior. Affected Party – The requesting Permittee, other affected Permittee(s), the Wildlife Agencies, and property owners directly affected. PROCESS: 1. A pre-submittal meeting with the applicant, Local Permittee, the RCA and the Wildlife Agencies will be held prior to the initiation of the Criteria Refinement process. The purpose of the meeting is to gain preliminary concurrence of all parties and identify suitable replacement land early in the process. 2. The following procedures shall apply to all Criteria Refinements: (a)
Using the project information materials submitted by the Permittee required under Section 6.5 of the Plan, the RCA shall prepare draft biological evaluation and equivalency analysis findings within 60 days of receipt of a complete application package that analyzes the proposed Criteria Refinement.
(b) RCA staff shall prepare and distribute the draft findings of equivalency analysis to the Permittee, other affected Permittee(s), the Wildlife Agencies, property owners directly affected by the Criteria Refinement, and any person or organization that has requested a copy of the report. (c)
The RCA will provide the parties set forth in subsection (b) above 60 calendar days to review the draft findings. However, the 60-day review period may be waived if the Permittee, the RCA, affected Permittees, Wildlife Agencies, and affected property owners are in agreement regarding the Criteria Refinement. Page 1 of 5
(d) Within 30 calendar days of the close of the 60-day review period, the RCA shall hold a meeting to meet and confer with the Permittee(s) and the Wildlife Agencies to discuss the draft findings, consider conservation alternatives, and attempt to resolve any outstanding issues. This meeting may be waived if the parties are in agreement regarding the Criteria Refinement. (e) In the event the parties are in agreement regarding the Criteria Refinement or resolve any disputed issues at the meet and confer meeting described in subsection (d) above, RCA staff shall issue its findings on the Criteria Refinement subject to final action on the findings by the RCA Board after the Permittee has acted on the related development or public project and completed environmental review as the lead agency under the California Environmental Quality Act (“CEQA”). (f) If a Criteria Refinement is proposed as a result of a particular development or public project, the Local Permittee’s Habitat Evaluation and Acquisition Negotiation Strategy (HANS) or equivalent process and the Joint Project Review process must be completed prior to Permittee project approval and RCA Board adoption of Criteria Refinement findings. (g) The RCA Board shall conduct a public hearing on the proposed Criteria Refinement at the next regularly scheduled Board meeting after the 60 day comment period or the meet and confer meeting, provided that the actions have been taken by the Permittee as referenced in Section (i) below. (h) The Permittee, the Wildlife Agencies, affected Permittees, any property owners directly affected by the proposed Criteria Refinement, and any person or organization that has requested notice shall be notified in writing of the date, time, and place of the hearing. (i) The RCA Board shall not make a final determination on the Criteria Refinement until after the Permittee has approved the related development or public project and completed environmental review as the lead agency under CEQA. If no development or public project is proposed, any other Permittee-initiated Criteria Refinement would also be required to prepare appropriate environmental review under CEQA. The project’s CEQA document must include the Criteria Refinement analysis for RCA Board action. The RCA will act as a responsible agency under CEQA when considering the final determination on the Criteria Refinement pursuant to the requirements of State CEQA Guidelines section 15096. (j) For developer-initiated Criteria Refinements, the development project applicant shall fully indemnify the RCA in any legal actions challenging the Criteria Refinement. For Permittee-initiated Criteria Refinements, RCA shall indemnify the Member Agency for legal challenges related to Permittee-initiated Criteria Refinements, but only as related to MSHCPrelated causes of action and pursuant to the Joint Powers Agreement. Page 2 of 5
(k) The final determination of the RCA Board expressed in Section 6.5 of the Plan is not an approval or denial of the Criteria Refinement, but an acceptance or rejection of the following findings: i)
The Criteria Refinement Report adequately and objectively addresses the biological issues associated with the refinement, including, but not limited to, the biological issues listed in 1) through 7) of the “Equivalency Analysis” in Section 6.5 of the MSHCP.
ii)
The equivalency analysis adequately and objectively evaluates prospective replacement conservation land or other findings of equivalency as appropriate to the proposed CR.
iii)
The report is prepared in conformance with the MSHCP.
iv)
The modifications to the criteria do not rise to the level of an amendment to the Plan and do not reduce the Criteria Area.
v)
The proposed project (incorporating Criteria Refinements) is considered to be biologically equivalent or superior to a project on the same site not deviating from the MSHCP Criteria.
vi)
The Criteria Refinement results in equivalent or greater conservation value and acreage within the Conservation Area.
vii)
The replacement conservation land has been secured for permanent conservation by an option agreement, escrow instructions, fee title, conservation easement, or similar documents which demonstrate agreements or control over the replacement conservation land; and the Wildlife Agencies have concurred with the refinement, if the replacement conservation land is outside the Criteria Area.
viii) The RCA Board action shall be reported in writing to the Permittee. (l) When the RCA Board has made the findings identified above with respect to a project Criteria Refinement and the equivalent or superior replacement conservation land is secured in permanent conservation, then the Criteria Refinement is deemed complete, and the project site is no longer subject to reserve assembly requirements, but is subject to other MSHCP requirements.
Page 3 of 5
FINANCIAL: 1. All RCA costs associated with processing a developer-initiated Criteria Refinement shall be borne by the developer. 2. All RCA costs associated with Permittee-initiated Criteria Refinements shall be borne by the requesting Member Agency unless the RCA Board of Directors makes the following findings at the time of initiation of the Criteria Refinement: (a)
The Criteria Refinement will affect other areas of the Plan outside the jurisdiction of the requesting Permittee through the acquisition of replacement conservation land.
(b) The Criteria Refinement will likely result in significant long-term reduction in land acquisition costs. Attached is a flow chart outlining the Criteria Refinement process (Attachment A).
Page 4 of 5
ATTACHMENT A CRITERIA REFINEMENT PROCESS Start Pre-submittal meeting with applicant, Permittee, RCA and Wildlife Agencies Permittee to submit complete project information materials 60 Days
30 Days Meet and Confer
RCA to prepare draft biological evaluation and equivalency analysis
60 Days
30 Days Permittee, Affected Permittees, RCA and Wildlife Agencies Review
RCA staff issues CR Findings
Permittee to complete HANS, JPR, CEQA & Project Approval
RCA to notify parties of public hearing RCA public hearing & Board to issue CEQA Responsible Agency Findings and final CR Findings Page 5 of 5
If all Parties in Agreement
AGENDA ITEM NO. 11 RESOLUTION NO. 2017-005, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING THE FISCAL YEAR 2018 OPERATING AND CAPITAL BUDGET
STAFF REPORT
May 1, 2017 Agenda Item No. 11
R egional Conservation Authority RESOLUTION NO. 2017-005, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING THE FISCAL YEAR 2018 OPERATING AND CAPITAL BUDGET
Staff Contact:
Honey Bernas Director of Administrative Services (951) 955-2842
Background: The Proposed Budget Fiscal Year 2018 and Resolution No. 2017-005 are attached for the Board’s review and approval. The proposed budget includes the following three exhibits: •
•
•
Exhibit A-1 is an Overall Summary of the Proposed FY2018 Budget. This includes a comparison to FY2016 Actual Revenues and Appropriations, FY2017 Adjusted Budget, FY2017 Year-end Projections, and the Dollar and Percentage Change from the FY2017 Adjusted Budget to the FY2018 Proposed Budget. Exhibit A-2 provides an overview of the proposed budget by fund (General and Capital Project Fund), as well as a summary of each Budget Program: Operations, Land Management and Monitoring, and Land Acquisition. The General Program includes expenses related to administration of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The Land Management and Monitoring Program include appropriations associated with managing the reserve land and biological monitoring. The Land Acquisition Program accounts for all land related acquisition costs. Exhibit A-3 provides Contract Detail by appropriations category.
Staff is pleased to present a balanced budget with no anticipated draws on fund balance during Fiscal Year 2018. Following is an overview of the major sources of revenues, appropriations, and fund balances: Revenues Total proposed revenues for FY2018 are $25.1 million, down from last year’s $28.1 million by $2.9 million. During FY2017, the RCA exhausted all federal and state grants awarded in previous years; therefore, budgeted grant revenues in FY2017 were significantly higher than the proposed FY2018 budget. Significant revenue sources for FY2018 are as follows: Developer mitigation revenues are the RCA’s largest revenue source, representing 42% of the total proposed revenues. A slight, but steady growth is anticipated for new development throughout the Plan Area which should result in higher developer mitigation revenues for the
Agenda Item No. 11 Staff Report Page 2 May 1, 2017
RCA. However, in light of current existing fee credit agreements and the potential establishment of a conservation bank within the RCA’s MSHCP boundaries, staff recommends reducing FY2018 developer mitigation revenues to $10.5 million, which represents a 4.5% decrease from FY2017 revenues. Proposed federal and state grant revenues of $2.0 million and $1.1 million, respectively, represent approximately 12% of the total revenues collectively. In November 2016, the U.S. Department of the Interior awarded $2.0 million in 2016 non-traditional Section 6 federal funding toward the RCA’s land acquisition program. The funds are to be passed through the Wildlife Conservation Board into escrow for RCA acquisitions. The grant contains a 35%, or $1.1 million, match requirement. This represents the fifth consecutive year the RCA has been awarded Section 6 federal funds. Over the past five years, the RCA has been awarded $12.3 million in Section 6 grant funds. The RCA is currently in negotiations with a property owner to acquire a property eligible for this new federal and state grant award. If an agreement is reached, escrow is anticipated to close during FY2018. The RCA is scheduled to receive $3 million in Measure A funds from the Riverside County Transportation Commission during FY2018 for land purchases. Additionally, RCA is negotiating 12 land donations and two conservation easements totaling 384 acres with an estimated value of approximately $2.4 million. Land donations are not consistent from year to year and some require several years of negotiations. As a comparison, RCA staff projects the acquisition of six land donations and one conservation easement with an approximate donation value of $2.5 million by the end of FY2017. During the current year, the RCA issued a Certificate of Inclusion to Southern California Edison for the West of Devers Upgrade Project. The agreement requires the payment of a habitat mitigation fee of $6.4 million, payable in three annual installments of $2.1 million each. The RCA received the first installment in December 2016 and has set aside 10% ($214.8 thousand) into the endowment fund. The FY2018 Proposed Budget includes the second installment of $1.9 million (net of a 10% endowment set-aside) as budgeted revenues. Other significant revenue sources include Tipping Fees from Riverside County of $2.5 million, which represents a 1% increase over FY2017 Budgeted Revenues. The County of Riverside contributes $1.50 per ton of the tipping fees for out-of-county waste collected at the County’s landfills. In addition, the County contributes up to $400 thousand annually from tipping fees collected for in-county waste. Tipping fees contributed by the County support most of the expenditures associated with the Land Management and Monitoring Program. RCA has received a steady growth in interest from the Riverside County Treasurer’s Pooled Investment Fund in the recent months. The current budget reflects about $284 thousand in budgeted interest revenues, which represents an approximate 1% interest rate on investments. This is more than double the amount ($130 thousand) of interest budgeted during FY2017.
Agenda Item No. 11 Staff Report Page 3 May 1, 2017
Appropriations Total Proposed Appropriations for FY2018 are $25.1 million, which represents a significant decrease of $11.7 million, or 32%, from FY2017 appropriations of $36.9 million. During FY2017, the RCA Board approved the early acquisition of phases 7 and 8 of a phased land acquisition agreement, which increased land acquisition appropriations by $9 million. Appropriations are summarized by the objects of Salaries and Benefits, Services and Supplies, Other Charges, and Capital Outlay. A summary of each object is summarized as follows: Salaries and Benefits reflect an overall 7% increase from FY2017 appropriations. The proposed salaries include the freezing of one vacant position (Senior Real Property Agent) and the activation of another (Director of Land Acquisition). Appropriations for FY2017 included the hiring of a Senior Real Property Agent; however, the position has not been filled. RCA’s management believes the RCA would benefit from a Director of Land Acquisition in-lieu of an agent due to an increase in real estate transactions, succession planning, and the need for outreach. The director would be required to expedite and pursue additional land acquisitions, as well as learn all aspects of the organization and provide backup to the Executive Director and Directors of Land Management and Monitoring and Administrative Services. The director position was previously vacated in June 2010. The director position salary ranges from $105.9 thousand to $170.9 thousand, plus benefits in accordance with the County of Riverside MOU. The increase in salaries of $99.5 thousand in the proposed FY2018 includes the additional pay resulting from the position swap and the annual step increases for current staff not at the top of their pay ranges, in accordance with County of Riverside MOUs. Budgeted benefits also increased by $48.1 thousand as a result of an increase in salaries and a 1% increase in the employer pension contribution cost from 19.5% to 20.5% in FY2018. Services and Supplies reflect an overall 5% decrease from FY2017 appropriations. Proposed General Office expenditures of $571.7 thousand include auditing services, insurance, communications, automobile costs, supplies, equipment, repairs and maintenance, board expenditures, travel, and other office costs. Staff has reduced these types of expenses to a minimum, resulting in a $33.5 thousand decrease from prior year’s budget. The costs for general expenditures are allocated based on the cost allocation assumptions contained in Appendix B-5 of the MSHCP and endorsed by the Board as RCA’s guiding principles for cost allocations. Appendix B-5 outlines the overall funding program. It breaks out the costs for the first 25 years of the Plan, i.e., “acquisition period.” Contracts within Services and Supplies are detailed in Exhibit A-3. This displays proposed contracted costs of $4.9 million, which represent an overall $301.3 thousand increase from prior year. The major changes from last year’s contracts include the following: •
Staff proposes an increase of $90 thousand for Real Property Services to Riverside County Economic Development Agency. Their contract includes real estate services and payments to various third party contractors who provide real estate appraisals, environmental reviews, survey work and other costs associated with the negotiation and acquisition of land. An increase in land acquisition activity could result in an increase in appraisals and other services needed during the negotiation process.
Agenda Item No. 11 Staff Report Page 4 May 1, 2017
•
On March 6, 2017, the RCA Board approved a contract for the update of a Nexus study. The overall contract price is $198.5 thousand, which covers an 18 month period. The $150 thousand proposed FY2018 Appropriations is the potential remaining balance of the current contract to be charged during FY2018. An increase of $126.3 thousand for Land Management includes the hiring of a new park ranger, a possible pay increase for three current park maintenance workers, and annual step increases for park rangers. County Human Resources is expected to conduct a class study for maintenance workers in FY2018. The outcome is unknown at this time, but RCA staff has estimated a potential increase of $17 thousand as a result of the study. The current contract with Parks includes nine full time employees dedicated to MSHCP land management. A new park ranger is necessary to manage additional lands added to the Reserve. In biological monitoring, an increase of $52.9 thousand is proposed to provide monitoring staff with a 2.5% cost of living increase, the reclassification of the lead biologist position to a supervisor biologist, a reimbursement allowance for boots for field biologists, a cell phone allowance for the program manager and the lead/supervising biologist, and an increase in training reimbursement.
Other Charges include principal payments, interest payments, special assessments and HOA fees. In December 2011, the RCA and the County of Riverside entered into a $5 million loan agreement for the acquisition of 226 acres of reserve land valued at $8.9 million. The loan is payable in annual installments of $1 million beginning in FY2018 and ending FY2022. Accordingly, the Proposed Budget includes the first principal payment and an estimated interest payment of $75 thousand for this loan. Interest expense is variable dependent upon the County Treasurer’s Pooled Investment Fund average interest rate. The interest rate has been estimated at about 1.5%. Special assessments and HOA fees are projected at approximately $46 thousand for land currently owned by the RCA and subject to these fees. Capital Outlay is the largest appropriation in the RCA’s Budget at $16.5 million for FY2018. Land Purchase and Improvements of $16.4 million include the purchase price of property, appraisals, title reports, real estate services, environmental reviews, survey work, and other costs associated with the acquisition of land. The budget includes 18 potential land acquisitions, 12 land donations, and two conservation easements for an estimated additional 1,356 acres of reserve land. These properties are currently under negotiation and/or RCA has initiated the appraisal process. This amount also includes a $2 million contingency for other potential land acquisitions. Additionally, the budget includes $80 thousand for the purchase of two new trucks for the Land Management and Monitoring Program to replace older trucks utilized by our park rangers managing RCA’s reserve land. Fund Balance The RCA’s Fund Balance Policy is to maintain a minimum of 12 months (100%) of the next year’s General Fund annual budgeted expenditures in unrestricted fund balance. The ending
Agenda Item No. 11 Staff Report Page 5 May 1, 2017
Fund Balance for the General Fund is estimated to be $19.9 million by June 30, 2017, which surpasses the proposed FY2018 General Fund appropriations of $3.8 million. In addition, the Capital Project Fund is projected to have a fund balance of $7.6 million at June 30, 2017, which is restricted for land acquisition related expenditures.
Executive Committee and Staff Recommendation: That the RCA Board of Directors adopt Resolution No. 2017-005, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting the Fiscal Year 2018 Operating and Capital Budget. Attachments: 1. Resolution No. 2017-005 2. Exhibit A-1: Proposed Budget FY2018 Overall Summary Exhibit A-2: Proposed Budget FY2018 by Fund – Operating and Capital Budget by Program Exhibit A-3: Contracts Detail by Appropriations Category
AGENDA ITEM NO. 11 Attachment 1 RESOLUTION NO. 2017-005
RESOLUTION NO. 2017-005 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING THE FISCAL YEAR 2018 OPERATING AND CAPITAL BUDGET
WHEREAS, an annual budget shall be adopted by the Western Riverside County Regional Conservation Authority Board of Directors, heretofore called as “RCA Board of Directors”; WHEREAS, the proposed budget for Fiscal Year 2018 was prepared for submission and adoption by the RCA Board of Directors; WHEREAS, the proposed budget for Fiscal Year 2018 was presented to the RCA Board of Directors for review and adoption in a regular session assembled on May 1, 2017, at the County Administrative Center Board Room, 4080 Lemon Street, First Floor, Riverside, California; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the RCA Board of Directors as follows:
1. That the budget documents, on file with the Clerk of the Board and attached hereto as Exhibits A-1, A-2, and A-3, are approved and adopted as the operating and capital budget for the Western Riverside County Regional Conservation Authority for Fiscal Year 2018.
The budget consists of
Appropriations by objects of expenditures within each Budget Program (Operations, Land Management and Monitoring, and Land Acquisition). The details within the objects of Salaries and Benefits, Services and Supplies, Other Charges, and Capital Outlay are listed for information only and shall not restrict expenditures within the limits of the total appropriations for the specified Budget Program.
2. That the amounts designated in the final Fiscal Year 2018 operating and capital budget are hereby appropriated and may be expended as designated on Exhibits A-1, A-2 and A-3, and the total appropriations for each Budget Program shall neither be increased nor decreased without further action of the RCA Board of Directors. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Western Riverside County Regional Conservation Authority held the 1st day of May, 2017.
BY: _________________________________ Marion Ashley, Chairman Western Riverside County Regional Conservation Authority
ATTEST:
BY: ____________________________ Honey Bernas, Clerk of the Board Western Riverside County Regional Conservation Authority
2
AGENDA ITEM NO. 11 Attachment 2 Exhibit A-1 Proposed Budget FY2018 Overall Summary Exhibit A-2 Proposed Budget FY2018 by Fund Operating and Capital Budget by Program Exhibit A-3 Contracts Detail by Appropriations Category
Exhibit A-1
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY PROPOSED BUDGET FISCAL YEAR 2018 OVERALL SUMMARY
REVENUES Measure A Contributions Participating Special Entities Interest Rents State Grants and Contributions Federal Grants and Contributions Governmental Infrastructure Governmental Civic Projects Flood Control District Developer Mitigation TUMF Revenue Joint Project Review Capital Contributions and Donations Other Miscellaneous Revenue Tipping Fees TOTAL REVENUES APPROPRIATIONS Salaries and Benefits Salaries Benefits Retirement/Annual Leave Buydown Total Salaries and Benefits Services and Supplies General Office Legal Expenditures Rent-Lease Building Contracts Total Services and Supplies
FY 2016 Actual $ 3,000,000 10,137 173,649 73,315 2,112,588 4,838,175 54,973 38,209 764,724 11,147,125 500,000 99,543 2,316,000 89,849 3,109,370 $ 28,327,657
FY 2017 Adjusted FY 2017 Budget Projected $ 3,000,000 $ 3,000,000 275,000 1,953,745 130,000 202,000 76,180 76,636 2,559,330 2,598,750 3,480,630 3,408,450 100,000 232,670 50,000 97,000 750,000 350,000 11,000,000 11,000,000 850,000 850,000 100,000 70,000 3,207,000 2,500,000 60,000 160,516 2,480,000 2,754,758 $ 28,118,140 $ 29,254,525
FY 2018 Proposed Budget $ 3,000,000 $ 1,933,745 284,195 72,610 1,077,000 2,000,000 80,000 80,000 400,000 10,500,000 700,000 80,000 2,401,000 30,000 2,500,000 $ 25,138,550 $
1,342,503 495,335 59,761 1,897,599
$ 1,574,000 $ 1,474,204 617,800 554,394 71,000 65,516 2,262,800 2,094,114
$
$
1,673,500 665,900 77,980 2,417,380
$
Dollar Change 0 1,658,745 154,195 (3,570) (1,482,330) (1,480,630) (20,000) 30,000 (350,000) (500,000) (150,000) (20,000) (806,000) (30,000) 20,000 (2,979,590)
% Change 0% 603% 119% -5% -58% -43% -20% 60% -47% -5% -18% -20% -25% -50% 1% -11%
99,500 48,100 6,980 154,580
6% 8% 10% 7%
442,254 655,037 278,481 2,406,862 3,782,634
605,215 1,270,000 282,380 2,673,105 4,830,700
570,871 1,009,458 282,376 2,658,686 4,521,391
571,685 1,270,000 286,360 2,953,880 5,081,925
(33,530) 0 3,980 280,775 251,225
-6% 0% 1% 11% 5%
Other Charges Principal-Notes Payable Interest-Notes Payable Assessments and HOA
0 23,000 35,217
0 140,000 40,200
0 133,754 40,000
1,000,000 75,000 46,000
1,000,000 (65,000) 5,800
N/A -46% 14%
Total Other Charges
58,217
180,200
173,754
1,121,000
940,800
522%
19,554,273 0 19,554,273
29,514,440 80,000 29,594,440
28,002,477 80,000 28,082,477
16,438,245 80,000 16,518,245
(13,076,195) 0 (13,076,195)
-44% 0% -44%
$ 25,138,550 $ (11,729,590)
-32%
Capital Outlay Land Purchase and Improvements Vehicles Total Capital Outlay TOTAL APPROPRIATIONS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE
$ 25,292,723
$ 36,868,140 $ 34,871,736
3,034,934
(8,750,000)
(5,617,211)
0
30,135,602
33,170,536
33,170,536
27,553,325
$ 24,420,536 $ 27,553,325
$ 27,553,325
$ 33,170,536
Exhibit A-2
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY PROPOSED BUDGET FISCAL YEAR 2018 BY FUND OPERATING AND CAPITAL BUDGET BY PROGRAM General Fund Land Management & Monitoring
Operations REVENUES Measure A Contributions Participating Special Entities Interest Rents State Grants and Contributions Federal Grants and Contributions Governmental Infrastructure Governmental Civic Projects Flood Control District Developer Mitigation TUMF Revenue Joint Project Review Capital Contributions and Donations Other Miscellaneous Revenue Tipping Fees TOTAL REVENUES APPROPRIATIONS Salaries and Benefits Salaries Benefits Retirement/Annual Leave Buydown Total Salaries and Benefits Services and Supplies General Office Legal Expenditures Rent-Lease Building Contracts Total Services and Supplies
%
Amount
%
5% $ 100,865 32% 90,000
100% 100% 25%
80,000 80,000 100,000
100%
80,000
2% $ 530,865
6% $ 98,605 6% 40,095 4% 3,085 6% 141,785 5% 11% 2% 7% 8%
26,535 140,000 6,080 216,465 389,080
Capital Outlay Land Purchase and Improvements Vehicles Total Capital Outlay TOTAL APPROPRIATIONS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE
0%
0%
25%
445,175 90,695 72,610
100,000
50% 15,000 100% 2,500,000 13% $ 3,223,480
23% $ 22% 28% 23%
380,915 $ 148,830 21,865 551,610
479,520 188,925 24,950 693,395
Land Acquisition % Amount 100% $ 3,000,000 72% 1,387,705 36% 103,500 100% 100%
1,077,000 2,000,000
50% 100% 100%
200,000 10,500,000 700,000
100% 50%
2,401,000 15,000
85% $ 21,384,205
71% $ 72% 68% 71%
1,193,980 $ 476,975 53,030 1,723,985
1,673,500 665,900 77,980 2,417,380
151,480 270,000 120,250 2,393,220 2,934,950
74% 79% 58% 19% 42%
420,205 1,000,000 166,110 560,660 2,146,975
571,685 1,270,000 286,360 2,953,880 5,081,925
100% 100%
1,000,000 75,000
100%
46,000
0 0 46,000
1,000,000 75,000 46,000
0
4%
46,000
46,000
96%
1,075,000
1,121,000
16,438,245
0
80,000 80,000
0 80,000 80,000
100%
100% 0%
100%
16,438,245
16,438,245 80,000 16,518,245
2% $ 530,865 0
22% 10% 40% 74% 50%
Total General Fund 0 $ 546,040 180,695 72,610 0 0 80,000 80,000 200,000 0 0 80,000 0 15,000 2,500,000 $ 3,754,345
Total FY 2018 Proposed Budget $ 3,000,000 1,933,745 284,195 72,610 1,077,000 2,000,000 80,000 80,000 400,000 10,500,000 700,000 80,000 2,401,000 30,000 2,500,000 $ 25,138,550
124,945 130,000 114,170 2,176,755 2,545,870
Other Charges Principal-Notes Payable Interest-Notes Payable Assessments and HOA Total Other Charges
23% $ 32% 100%
Amount
Capital Project Fund
13% $ 3,223,480 $ 3,754,345 0
85% $ 21,384,205 $ 25,138,550
0
0
0
19,908,785
7,644,540
27,553,325
$ 19,908,785
$
7,644,540 $ 27,553,325
Exhibit A-3
CONTRACTS DETAIL BY APPROPRIATIONS CATEGORY FY 2017 Adjusted Budget
Description Legal Services Governmental Affairs Plan Implementation Real Property Services RCA Office Space-Lease Public Outreach Federal Loan Program Biological Consulting Loan Program Expense Reimb. Nexus Update Other Professional Services Land Management Monitoring Program Office-Lease Biological Monitoring Program External Auditors Total Contracts
$
$
FY 2018 Proposed Budget
Dollar Change
770,000 $ 770,000 $ 0 70,000 70,000 0 350,000 350,000 0 560,000 650,000 90,000 198,599 202,579 3,980 37,440 30,440 (7,000) 150,000 150,000 0 1,500 0 (1,500) 15,000 20,000 5,000 100,000 150,000 50,000 175,000 175,000 0 999,800 1,126,100 126,300 83,781 83,781 0 942,365 995,340 52,975 118,228 99,800 (18,428) 4,571,713 $ 4,873,040 $ 301,327
% Change
General Office
Legal Services
Rent-Lease Building
Contract Services
0% $ 770,000 0% 70,000 0% 350,000 16% 65,000 2% 202,579 -19% 30,440 0% 150,000 -100% 33% 20,000 50% 150,000 0% 35,000 13% 1,088,100 0% 83,781 6% 995,340 -16% 99,800 7% $ 99,800 $ 770,000 $ 286,360 $ 2,953,880 $
Capital Outlay
585,000
140,000 38,000
763,000
AGENDA ITEM NO. 12 BIOLOGICAL MONITORING PROGRAM WORK PLAN AND COST ESTIMATE FOR FISCAL YEAR 2017-18
AGENDA ITEM NO. 12 Attachment WESTERN RIVERSIDE COUNTY MSHCP BIOLOGICAL MONITORING PROGRAM FY 2017-18 WORK PLAN AND COST ESTIMATE
WESTERN RIVERSIDE COUNTY MSHCP BIOLOGICAL MONITORING PROGRAM FY 2017-18 WORK PLAN AND COST ESTIMATE
1.0 INTRODUCTION The overall goal of the Biological Monitoring Program (Monitoring Program) is to collect data on the 146 Covered Species and associated habitats for the purpose of assessing the MSHCP’s effectiveness at meeting conservation objectives and to provide information for adaptive management. The activities described in this work plan for Fiscal Year 2017-18 continue the activities commenced in the previous fiscal year and follow the framework outlined in section 5.3 of the MSHCP. Fiscal Year 2017-18 continues a significant transition period for the Monitoring Program as it shifts into the Long-term Monitoring Phase. 2.0 RESPONSIBILITIES Monitoring Program activities are implemented within the MSHCP Conservation Area on lands that are owned and managed by the various MSHCP participants. The Western Riverside County Regional Conservation Authority (RCA) has primary responsibility for funding the Biological Monitoring Program. To ensure consistency in monitoring efforts throughout the Conservation Area, the Monitoring Program is overseen and implemented by a Monitoring Program Administrator selected by the RCA. The duties and responsibilities of the Monitoring Program Administrator are described in Volume 1, Section 6.6.6 of the MSHCP. As per the MSHCP, the California Department of Fish and Wildlife (CDFW, formerly Department of Fish and Game) was to be the Monitoring Program Administrator for the first eight years of the permit (June 2004 – June 2012). In 2007 the CDFW received a federal State Wildlife Grant to support its role as the Monitoring Program Administrator and develop a long-term monitoring strategy. The grant expired in June 2012 with the primary deliverable being the long-term monitoring strategy document briefly described below. CDFW continues to provide resources to support the Monitoring Program in the form of one dedicated Monitoring staff member and vehicle. These resources are expected to continue moving forward. The Monitoring Program Administrator works closely with the RCA to develop and implement the annual work plan and budget. The annual work plan is carried out by the Monitoring Program Administrator using staff contracted by the RCA through the Santa Ana Watershed Association (SAWA) and CDFW staff. 3.0 IMPLEMENTATION STRATEGY The Monitoring Program is responsible for monitoring the status and trend of the 146 Covered Species and associated vegetation communities and wildlife habitats over a 500,000 acre Conservation Area. Because there was little existing scientifically-based
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate data for the majority of Covered Species, the first eight years of the Monitoring Program were devoted to an Initial Inventory and Assessment Phase. The purpose of the Inventory Phase was to determine where Covered Species occur within the Conservation Area, to gather more information on their activity patterns, and to develop efficient protocols for detecting them. The development of protocols was necessary to standardize data collection, to test the reliability of survey methods, to determine feasible and useful monitoring metrics, and to provide a confidence level that unobserved species are truly absent at the survey location, rather than overlooked. The gradual transition from Inventory Phase to Long-term Monitoring Phase has been underway since 2012. For species with short reporting requirements such as Quino checkerspot butterfly (annual) or coastal California gnatcatcher (every three years) longterm monitoring is already in place. Multiple surveys for species with short reporting requirements have been conducted, providing the initial data points for population trend assessment. For species with longer reporting requirements such as Los Angeles pocket mouse (every eight years) and with species-specific monitoring objectives requiring significant development and testing, the transition from Inventory Phase to Long-term Monitoring Phase is ongoing. The transition into long-term monitoring involves developing monitoring metrics that are efficient to collect and robust measures of species status and population trend. The baseline monitoring objective for all Covered Species requires at least 75 percent of listed Core Areas or known locations to be documented as occupied at least once every eight years. As described in the Long-term Monitoring Strategy document developed by the Monitoring Program, monitoring protocols that provide additional information such as relative abundance of populations at occupied locations, reproductive success, or health of observed individuals will be employed whenever possible, to provide the most useful representations of species status. One of the explicit goals of the Monitoring Program is to develop efficient long-term monitoring protocols that reduce redundancies by collecting information on multiple species where possible. For example, bird species co-occurring in similar habitat (e.g., riparian vegetation) during the breeding season can be detected using the same survey protocols. There will always be some Covered Species that occur in isolated pockets within the Conservation Area or that are difficult to detect using standard survey protocols; for these species a focused survey effort will be required. The Long-term Monitoring Strategy describes a two-level design that gives priority to assessing the status of Covered Species as stated in the species-specific conservation objectives of the Plan which emphasize the continued occupancy of MSHCP-defined Core Areas or other areas of known occurrence. For some species, the objectives require that reproduction and/or minimum densities of individuals within species Core Areas be verified. The second level extends sampling for terrestrial vertebrates to the entire Conservation Area in a cost-efficient manner. The Long-term Monitoring Strategy document also includes chapters describing monitoring goals and objectives, sample design considerations, proper protocol development, data and information management
2
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate strategies, collaboration and communication with other organizations, and describes the organizational framework of the Monitoring Program. 4.0 STAFF COMPOSITION Monitoring Program staff work as a team to coordinate, develop, and implement required monitoring activities for the MSHCP. The Monitoring Program is composed of the following staff positions, which are filled based on availability of funding: • • • • • • •
Monitoring Program Administrator Biologist Supervisor Data Manager GIS Analyst Office Assistant Taxa Program Leads Field Biologists
Currently, the majority of staff are funded by the RCA through a contract with SAWA, a local non-profit agency. Monitoring Program staff hired to replace departing staff in FY 2017-18 will be hired through SAWA. One Program Lead is currently provided by the CDFW, with endowment funding from Caltrans. 5.0 SPECIFIC TASKS OF THE MONITORING PROGRAM 5.1 Administration & Coordination Administering and coordinating the Monitoring Program requires a significant amount of effort. Sufficient staff and resources must be acquired, field work must be scheduled, land access must be coordinated with other agencies, and survey activities must take place. The Monitoring Program Administrator, Biologist Supervisor, and Office Assistant carry out the following tasks: • • • • • • • • • • •
Develop annual work plans and budgets Identify contract needs, write scopes of work, manage contracts Advertise, interview, and hire Monitoring Program staff; conduct performance reviews Develop and maintain training manuals and training programs for staff Direct and schedule staff activities Identify field supply and equipment needs; submit orders; maintain inventory, including vehicles Identify land access needs and coordinate with agencies on access agreements Facilitate monthly reserve management/monitoring coordination meeting Attend monthly RCA team meetings and other agency meetings Give requested presentations to the RCA Board Coordinate with Wildlife Agencies (CDFW and U.S. Fish and Wildlife Service) on survey methodology and monitoring activities 3
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate • • •
Develop and maintain Program operations manual Oversee writing of annual survey reports Distribute Monitoring Program data as appropriate
5.2 Biological Surveys Conducting biological surveys is the most visible part of the Monitoring Program. It is also the component that requires the most staff. Prior to collecting data, all aspects of a project must be developed. This includes identifying the purpose of the survey, choosing the data collection methods and sampling locations, selecting data analysis methods, and determining what answers the data are expected to provide. The following tasks are carried out by the Monitoring Program Administrator, Biologist Supervisor, GIS Analyst, Data Manager, Taxa Program Leads, and Field Crew: • • •
Develop field survey protocols and sampling designs Conduct field surveys using multi-species protocols when possible, and specific species protocols when necessary Conduct vegetation condition analyses
5.3 Training The Monitoring Program is required to have a training program approved by the Wildlife Agencies to ensure consistent data collection, uniform implementation of protocols, animal handling procedures, plant specimen collection, and appropriate experience with Covered Species (Vol. 1, Sec. 7.0). The type of species training needed in any given year is dependent on the types of survey activities planned. Training is provided both by experienced Monitoring Program staff and by qualified outside entities (e.g., U.S. Geological Survey, U.S. Fish and Wildlife Service). Safety training (e.g., wilderness first aid, CPR) is provided to all incoming staff, and as often as needed to existing staff to keep American Red Cross certifications up-to-date. The following training is required of Monitoring Program staff: • • • •
Endangered species identification and handling Local flora and fauna identification Wilderness first aid and CPR training Defensive driver training
5.4 Data Management & Reports All of the data collected by the Monitoring Program must be carefully managed. Prior to field work, data forms are developed and survey locations are mapped. Field data are collected both on paper datasheets and on digital data collection devices. As data return from the field, they are entered into a database, checked for accuracy, and certified by the Data Manager. After data are certified, they are analyzed and interpreted and a report is written describing survey results. The results of each year’s monitoring efforts 4
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate are provided in the Annual Report submitted to the RCA. The Monitoring Program Administrator, Biologist Supervisor, Data Manager, and GIS Analyst support and oversee the Taxa Program Leads and Monitoring Program staff in the completion of the following tasks: • • • • • • •
Field form and protocol development GIS mapping to support surveys, analysis, and reports Database development and maintenance Data entry and quality control Data analysis using statistics Annual survey report writing Maintaining computer equipment and digital data collection devices
The Monitoring Program has an internal database, developed and managed by the Data Manager. Monitoring Program datasets that have been thoroughly proofed and certified complete by the Data Manager are submitted to CDFW’s Biogeographic Information and Observation System (BIOS), as well as to local partnering agencies and Reserve Managers at least once per year. 6.0 MONITORING EFFORTS IN FY 2017-18 Monitoring Program activities planned for FY 2017-18 are largely based on the requirements of the MSHCP species objectives found in Volume 2 of the MSHCP. Most species objectives specify time intervals for detecting and reporting on each of the Covered Species in the Conservation Area. When the species objectives do not specify a time interval, the status of the Covered Species must be reported on at least once every eight years as per General Management Measure 7 (Vol. 1 Sec. 5.0). In addition to the species objectives, survey priorities are influenced by the quantity and quality of information available for each species (little or poor information means more survey effort sooner), whether another agency is already conducting surveys (less effort required by the Monitoring Program), relative ease of gathering information (e.g., yellow warbler surveys during least Bell’s vireo surveys), and priority of the species to the RCA and Wildlife Agencies (e.g., burrowing owl is a high priority species). Funding availability and extent of effort required is also considered when determining monitoring activity priorities. Monitoring Program biologists help with ongoing MSHCP Management Program activities that benefit Covered Species (e.g., aquatic invasive species removal/control) to the fullest extent possible. An overview of the monitoring efforts planned for FY 2017-18, along with a brief rationale for surveys, is provided below. Detailed survey methods can be found in the survey protocols available at the Biological Monitoring Program office in Riverside, CA. The Monitoring Program’s ability to complete these tasks will be dependent upon continued funding from the RCA and the amount of support provided by the CDFW. 6.1 Invertebrates 6.1.1 Quino Checkerspot Butterfly Survey 5
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate
The species objectives for Quino checkerspot butterfly require annual documentation of its distribution. The Monitoring Program has surveyed for Quino checkerspot butterfly in the Conservation Area during the last 13 biological years. In FY 2017-18 survey efforts will continue to focus on monitoring locations occupied within the last five to ten years and surveying for the species in suitable habitat close to occupied areas. Monitoring Program biologists will coordinate with Reserve Managers conducting surveys for Quino checkerspot butterfly to avoid duplication of effort. 6.1.2 Delhi Sands Flower-Loving Fly (Delhi Fly) Survey The species objectives for Delhi fly require documenting successful reproduction by this species at all three Core Areas identified in the MSHCP every year for the first five years of the permit and then as determined to be appropriate. There is currently just one Core Area with conserved land containing suitable habitat for the species. Because Delhi fly is an endangered species with an extremely limited distribution within the Plan Area, Monitoring Program biologists have surveyed for Delhi fly within the lone accessible Core Area during the last 13 biological years. Surveys allowing calculation of density estimates of Delhi fly within its accessible Core Area were conducted from 2005-2010. In 2011 these efforts were reduced to simply documenting successful reproduction, greatly reducing necessary resources. However, the Management Program has recently been conducting management actions to control the spread of non-native vegetation within occupied habitat, and to potentially open up more habitat at the edges of the recently occupied area. In order to properly assess the effectiveness of these actions, the more intensive study design allowing a density estimate of Delhi fly to be calculated was reestablished in FY 2014-15 through FY 2016-17, and will continue in FY 2017-2018.
6.2 Birds 6.2.1 California Gnatcatcher Nest Searching The species objectives for California gnatcatcher require continued use and successful reproduction within Core Areas at least once every three years. In FY 2015-16 the U.S. Geological Survey organized a regional monitoring effort for California gnatcatcher with the goals of conducting status and trend monitoring with habitat and species threat covariates, understanding post-fire population effects, and population responses to climate change. Monitoring Program biologists participated in this monitoring effort that also allowed for the Monitoring Program to collect data needed to meet stated MSHCP objectives. However, because the regional monitoring protocol did not include a nest searching component, additional surveys in spring and early summer 2018 (FY 2017-18) 6
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate will be conducted to document reproduction of California gnatcatchers. Distribution data will be collected for other covered bird species (e.g., southern California rufous-crowned sparrow and Bell’s sparrow) that co-occur in coastal sage scrub habitat. 6.2.2 Tricolored Blackbird Survey Due to a precipitous population decline and widespread habitat loss, the tricolored blackbird was emergency-listed as an Endangered Species by the California Fish and Game Commission in December 2014. The species objectives for tricolored blackbird require documenting the continued use and successful reproduction in at least one of five Core Areas every five years. Targeted surveys in 2015 confirmed that the objective as written is currently minimally achieved. However, populations in Riverside County, southern California and state-wide remain near historic lows. Management actions and public outreach activities are underway to enhance breeding and foraging habitat on conserved land and to avoid take of the species on private land. Tricolored blackbirds concentrate their breeding effort at only a few sites in any given year making each colony critical and relatively easy to monitor. Surveys to document population and reproduction status at sites with tricolored blackbird in FY 201718 will be conducted pending staff availability in order to continue providing updated information for adaptive management. 6.2.3 Raptor Reproduction Monitoring The species objectives for turkey vulture and golden eagle require the continued use of and successful reproduction at known nesting locations every three and eight years, respectively. California gnatcatcher and loggerhead shrike surveys in FY 2017-18 will also emphasize the tracking of raptor behavior while biologists are conducting surveys. Additionally, biologists will regularly visit known nest locations mentioned in the MSHCP or by local birders during the nesting season. Although the listed objectives for bald eagle do not require documentation of successful nesting within the Conservation Area, biologists will track bald eagle nests along with turkey vulture and golden eagle nests, as they are discovered. Because of the hopefully more efficient but less dependable nature of data resulting from this opportunistic effort, a report or reports summarizing the current status of these species and progress towards meeting species objectives will be written when there are significant results to convey. 6.2.4 Burrowing Owl Monitoring The species objectives for burrowing owl require the conservation of five Core Areas plus interconnecting linkages, containing a total breeding population of at least 120 owls with no fewer than five pairs in any one Core Area. Several land managers within the Conservation Area have installed artificial burrows and are managing vegetation for burrowing owl. Monitoring Program biologists will coordinate with Reserve Managers to ensure that breeding pair counts are 7
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate conducted at locations known to recently support owls, or where owls have been recently actively translocated. In FY 2017-18 continued monitoring of artificial burrows installed across the Conservation Area will be conducted three times per year as according to the Western Riverside County MSHCP Burrowing Owl Management Plan. Additional surveys to obtain an accurate count of breeding pairs of burrowing owls within Core Areas will be conducted as needed by Monitoring Program biologists in FY 2017-18 to document distribution and reproduction of burrowing owl whether at artificial or natural burrow locations. Trail cameras may also be employed as part of the survey effort. Monitoring Program biologists will coordinate with Reserve Managers to avoid duplication of effort. 6.2.5 Loggerhead Shrike The species objectives for this species include documenting use of, and successful reproduction in, at least 75 percent of designated Core Areas every eight years. Transects will be established in appropriate habitat in the Conservation Area and will be used to locate loggerhead shrikes and their nest sites early in the breeding season. Observers will monitor nests throughout the season, until fledging or failure is confirmed, to document whether successful reproduction is occurring.
6.3 Amphibians and Reptiles 6.3.1 Reptile Survey San Bernardino mountain kingsnake, San Diego mountain kingsnake, southern rubber boa, and San Diego banded gecko have proven difficult to detect with current survey methods. The species objectives for all four reptiles require documentation of the continued use of Core Areas at least once every eight years. Survey efforts for banded gecko in FY 2017-18 will include checking the artificial covers distributed in FY 2016-2017, constructed of multiple layers of corrugated non-toxic roofing material, to determine if target or non-target species are using them. We will also attempt to employ snake traps with drift fencing for the three mountain snake species. Ultimately, there may be no truly efficient means to reliably detect these species as they are highly secretive and not typically found in high numbers. Collection of incidental observations both from Monitoring Program biologists and partnering agencies will continue to be essential. Because surveys conducted to date are insufficient to determine that target species are truly absent from Core Areas where they have not been documented to occur, Monitoring Program biologists will also opportunistically search suitable habitat within Core Areas for these species when personnel are available. These targeted area searches will be significantly less labor-intensive than previous survey methods, and will also 8
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate result in detections of the following Covered Species: Belding’s orange-throated whiptail, coastal western whiptail, granite spiny lizard, northern red-diamond rattlesnake, San Diego horned lizard and southern sagebrush lizard. 6.3.2 Arroyo Toad Survey After conclusion of the Inventory Phase, species objectives for arroyo toad, mountain yellow-legged frog, California red-legged frog, and coast range newt require documentation of successful breeding populations within the Conservation Area ranging from every five to every eight years. California redlegged frog may be extirpated from the Plan Area as no individuals have been observed by Monitoring Program biologists or reliably reported to the Monitoring Program since 2004. Ongoing efforts carried out by the U.S. Geological Survey largely account for mountain yellow-legged frog survey needs. Therefore, recent survey priority has been given to streams with appropriate habitat for arroyo toad (monitoring objective was not met during Inventory Phase) and coast range newt (monitoring objective currently met). Surveys for stream-dependent amphibians are ongoing, in conjunction with efforts carried out by the U.S. Geological Survey, and subject to appropriate survey conditions (i.e., adequate rainfall).
6.3.3 Western Pond Turtle Trapping The species objectives for western pond turtle require the continued use of at least 75 percent of conserved Core Areas as measured once every three years. Surveys for western pond turtle in 2011 and 2012 confirmed that the objective was minimally met in the last reporting period. While larger populations were present in five Core Areas, just one pond turtle was captured in the San Jacinto River Core Area and no pond turtles were detected in the Chino Creek Core Area. Surveys in FY 2014-15, 2015-16, and 2016-17 have targeted large populations at the Santa Margarita Ecological Reserve and Santa Rosa Plateau Ecological Reserve. If land with potentially suitable habitat has been acquired or significant habitat management has occurred within previously unoccupied cores, these cores will also be resurveyed in FY 2017-18; however, the conserved areas within these cores were not appropriate for pond turtles during previous surveys so they will not be resurveyed without the above conditions. Surveys in FY 201718 will focus on Temecula and Murrieta Creeks, while biologists contracted by The Nature Conservancy will conduct surveys at the Santa Rosa Plateau. 6.4 Mammals 6.4.1 Small Mammal Trapping The species objectives for Aguanga kangaroo rat require that 75% of the suitable habitat in the Conservation Area be occupied and that at least 20% of the 9
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate occupied area have a density of 5 to 15 animals per hectare. Aguanga kangaroo rat was detected during previous small mammal trapping surveys targeting Los Angeles pocket mouse and a targeted Aguanga kangaroo rat survey effort was last conducted in FY 2010-11. Results from these efforts confirmed that Aguanga kangaroo rat is extremely narrowly distributed within the Plan Area. Small mammal trapping efforts targeting Aguanga kangaroo rat were initiated again in FY 2016-17, and will continue in FY 2017-18. These surveys will attempt to reconfirm recently occupied habitat and determine whether or not any population expansion has occurred since the FY 2010-11 trapping effort. The species objectives for Los Angeles pocket mouse require the Monitoring Program to demonstrate that populations are stable or increasing in seven Core Areas and that at least 4,200 acres are occupied every eight years. This species objective requires distribution and population trend information and thus require more than one year’s survey effort to determine whether or not this objective is being met. Small mammal trapping efforts targeting Los Angeles pocket mouse were last conducted from 2009 – 2012. Survey efforts will begin in FY 2017-18 following the completion of Aguanga kangaroo rat focused trapping and will concentrate on obtaining current species distribution information. It is expected that the Los Angeles pocket mouse trapping effort will also yield significant information about other covered small mammals. San Bernardino kangaroo rat and Los Angeles pocket mouse trapping may occur in advance of Riverside County Flood Control’s clean out of the Potrero debris basin. The Monitoring Program may assist researchers requesting tissue samples from kangaroo rats for genetic analysis in an effort to understand demographic distribution. 6.4.2 Carnivore Surveys Species objectives for bobcat, coyote, long-tailed weasel, and mountain lion require the conservation of contiguous habitat blocks and the maintenance of corridors that provide an effective means for dispersal. Surveys to detect the above-listed mammals in contiguous habitat blocks, linkages, and movement corridors identified by the MSHCP have been ongoing since 2007. Surveys in the linkages will continue in FY 2017-18, primarily using motion-triggered cameras to record images of target species. Furthermore, Monitoring Program biologists are exploring potential collaborations with other researchers using specially-trained dogs to detect rare species. Longtailed weasel is a species with typically low densities, broad distribution area, and a life history pattern that makes it difficult for biologists to detect. However the scent left behind by long-tailed weasels should be easily identified by properly trained dogs. The cost and logistics of such a survey are being researched and 10
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate any potential application will be thoroughly field-tested before accepting results as confirmation of species presence and documentation of species objective status. 6.5 Fish 6.5.1 Arroyo Chub Survey The species objectives for arroyo chub require documenting the presence of this fish in 75 percent of its identified Core Areas in the Santa Ana and Santa Margarita watersheds. The monitoring objective for arroyo chub is not currently met. In FY 2017-18, the Monitoring Program will determine if surveys are being conducted by CDFW in the Santa Margarita River to reassess species status. We will also survey tributaries in both watersheds to assess species status. In the Santa Ana watershed, the Monitoring Program will continue to coordinate with other organizations conducting native fish surveys. 6.6 Plants 6.6.1 Rare Plant Survey There are 63 covered plant species with species objectives that require conserving and monitoring known populations within the Conservation Area. Surveys for rare plants in FY 2017-18 will continue efforts to update the current status of Covered Species on conserved lands. The focal species in any given year are dependent on weather conditions and accessibility of survey sites. Nearly all historic locations of covered plant species within the Conservation Area have been visited in previous years. Thus, rare plant monitoring efforts in FY 2017-18 will focus on conducting surveys for covered plant species at recently acquired properties, documenting required localities for species not adequately conserved, and revisiting locations previously determined to be occupied by covered plant species in a long-term monitoring context. A management study of an area along the Santa Ana River near Rancho Jurupa of Brand’s phacelia (Phacelia stellaris), a Covered and narrowly endemic species, will continue in FY 2017-18. 6.6.2 Engelmann Oak Study The species objectives for Engelmann oak require maintaining recruitment of seedling and sapling oaks within conserved populations as measured across any consecutive five-year period. Targeted surveys for Engelmann oaks were initiated again in FY 2015-16 and reproduced prior efforts to measure current recruitment within accessible lands in the Conservation Area. The large majority of Engelmann oaks within the Plan Area are found at the Santa Rosa Plateau Ecological Reserve which was thoroughly surveyed in FY 2015-16. However, smaller populations exist at the Southwestern Riverside County Multi-Species Reserve and the Santa Margarita Ecological Reserve. These smaller populations 11
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate will be visited in FY 2017-18, completing the survey effort for the current five-year period. Any other remnant individual trees at additional locations are incorporated into the general rare plant survey effort as described above to reconfirm presence at known locations. 6.6.3 Vegetation Community Monitoring In addition to monitoring-focused conservation objectives for each Covered Species, the MSCHP requires the Monitoring Program to assess the condition of vegetation communities within the Conservation Area (Vol. 1, Sec. 5.3.2). A CDFW grant-funded update to the existing GIS-based vegetation community map was delivered in March 2015. This product will be extremely useful in comparing acreage, distribution and broad-scale vegetation condition changes in communities throughout the Plan Area. On-the-ground vegetation community monitoring efforts targeted coastal sage scrub (CSS) and CSS-grassland and CSS-chaparral transition areas from 2008 – 2012. Pending staff availability, FY 2017-18 vegetation community monitoring efforts will continue for a selected vegetation community within the Conservation Area. 6.6.4 Habitat Surveys Habitat surveys for targeted species are conducted by trained botanists in conjunction with wildlife survey efforts as practicable and appropriate. The purpose of these surveys is to describe the wildlife habitat within survey areas to gain a better understanding of potential drivers for observed species distributions.
12
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate
7.0 SCHEDULE OF MONITORING EFFORTS FOR FY 2018-19 Below is a tentative calendar of when surveys are planned for FY 2018-19. The “biological year” or “survey season” does not match the fiscal year, thus the calendar represents two different survey seasons. The first half of the calendar continues many of the activities commenced in FY 2017-18.
Survey Quino Checkerspot Survey Delhi Fly Survey California Gnatcatcher Nest Searching Tricolored Blackbird Survey Raptor Reproduction Survey Burrowing Owl Monitoring Loggerhead Shrike Survey Snake Surveys Arroyo Toad Survey Western Pond Turtle Trapping Small Mammal Trapping Carnivore Surveys Arroyo Chub Survey Rare Plant Survey Brand’s Phacelia Study Engelmann Oak Study Vegetation Community Monitoring
Jul17
Aug17
Sep17
Oct17
Nov17
Dec17
Jan18
Feb18
Mar18
Apr18
May18
Jun18
13
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate 8.0 BIOLOGICAL MONITORING PROGRAM COST ESTIMATE FOR FY 2017-18 The RCA has primary responsibility for funding the Monitoring Program. However, the CDFW funds a small portion of the Monitoring Program based on the availability of the State’s budget. The proposed FY 2017-18 Biological Monitoring Program budget is similar to previous budgets submitted to and approved by the RCA Board of Directors. The majority of funding is allocated to a contract with the Santa Ana Watershed Association for staff. ALLOCATION
COST
CDFW Funded Labor & Supplies Biologist Vehicle Usage (Fuel & Maintenance) Office Support (Internet service) Subtotal CDFW Funded Labor & Vehicles RCA Funded Contracts (includes 9% overhead) Santa Ana Watershed Association (staff) Santa Ana Watershed Association (staff reimbursements) Training Computer Software (GIS License renewals) Subtotal RCA Funded Contracts RCA Funded Operating Expenses & Equipment Rent – Lease Buildings Field Equipment & Misc. (Non-fixed Assets) Office Supplies Communications (Phones) Maintenance – Computer Equipment Vehicle Fuel and Maintenance Subtotal RCA Funded O&E
83,781 5,500 4,000 7,000 15,500 25,000 $140,781
Total Program Cost Minus Total CDFW Cost Grand Total RCA Cost
$1,252,169 - $116,048 $1,136,121
112,048 3,000 1,000 $116,048 979,445 3,818 10,900 1,177 $995,340
14
Biological Monitoring Program FY 2017-18 Work Plan and Cost Estimate 9.0 Contact Info The FY 2017-18 Work Plan and Cost Estimate was prepared by the Monitoring Program Administrator and was submitted to the Regional Conservation Authority for approval. For more information, contact: Western Riverside County MSHCP Monitoring Program Administrator Karen Riesz 4500 Glenwood Drive, bldg C Riverside, CA 92501
[email protected]
15
2017 RCA - Commonly Used Acronyms
ARL BUOW CALFIRE CALTRANS CD CDFG CDFW CEQA CETAP CHD CIP CNLM EMWD EPD ERP FY HANS HMU IC JPR LDMF MOU MSHCP OHV PCL PQP PSE RCA RCD RCRCD RCOE RCTC RCTD RMOC ROVE SAWA SB SR SWG TAC TIFIA TUMF USFWS UTM Nad 83 Zone 11 WIFIA WIIN WA WCB WPT WRDA Revised 2017
Additional Reserve Lands Burrowing Owl California Department of Forestry and Fire Protection California Department of Transportation Consistency Determination California Department of Fish and Game California Department of Fish and Wildlife (formerly CDFG) California Environmental Quality Act Community and Environmental Transportation Acceptability Process Critical Habitat Designation Capital Improvement Program Center for Natural Lands Management Eastern Municipal Water District Environmental Programs Department (Riverside County) Expedited Review Process Fiscal Year Habitat Evaluation and Acquisition Negotiation Strategy Habitat Management Unit Interchange Joint Project Review Local Development Mitigation Fee Memorandum of Understanding Multiple Species Habitat Conservation Plan Off-Highway Vehicle Proposed Constrained Linkage Public/Quasi-Public Participating Special Entities Regional Conservation Authority Resource Conservation Districts Riverside-Corona Resource Conservation District Riverside County Office of Education Riverside County Transportation Commission Riverside County Transportation Department Reserve Management Oversight Committee Recreation Off-Highway Vehicle Enforcement Santa Ana Watershed Association San Bernardino State Route State Wildlife Grant Technical Advisory Committee Transportation Infrastructure Finance and Innovation Act Transportation Uniform Mitigation Fee United States Fish and Wildlife Service Meter Coordinate System for Maps Water Infrastructure Finance and Innovation Act Water Infrastructure Improvements for the Nation Wildlife Agencies (USFWS & CDFW) Wildlife Conservation Board Western Pond Turtle Water Resources Development Act
