COACHELLA VALLEY CONSERVATION COMMISSION

Thursday, May 11, 2017 11:00 a.m.

CVAG Offices 73-710 Fred Waring Drive, Suite 119

Palm Desert, CA 92260 (760) 346-1127

Teleconferencing will be available at: Imperial Irrigation District

321 S. Waterman Ave. Suite 200 El Centro, CA 92243

(760) 482-3456

THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA.

1. CALL TO ORDER - Chair Michael Wilson, Mayor Pro Tem, City of Indio 2. ROLL CALL

A. Member Roster P4

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS

This is the time and place for any person wishing to address the Coachella Valley Conservation Commission on items not appearing on the agenda to do so.

2

5. COMMITTEE MEMBER/DIRECTOR COMMENTS 6. CONSENT CALENDAR

A. Approve Minutes of the April 13, 2017 Coachella Valley Conservation P5

Commission

B. Authorize a letter of engagement with Best, Best and Krieger to provide P10

legal services for CVMSHCP Implementation not to exceed $50,000 for July 1, 2017 through June 30, 2018

C. Approve a Master Research Agreement with the University of California P18

allowing CVCC to continue to engage in contracts with the University of California

7. DISCUSSION / ACTION

A. Consider Contract for Land Acquisition Manager Services - Jim Sullivan P24

RECOMMENDATION: 1) Approve a three-year contract with the Coachella Valley Mountains Conservancy

(CVMC), paid at an hourly rate for actual work performed, in an amount not to exceed $70,000 per year for the first 12 months. The not-to-exceed amount shall increase by 3% annually in each of the following two years, to $72,100.00 in the second twelve months and to $74,263.00 in the third twelve months.

B. Acquisition of two parcels totaling approximately 50.13 acres in the P41

Coachella Valley Stormwater Channel and Delta Conservation Area – Jim Karpiak, Coachella Valley Mountains Conservancy RECOMMENDATION: 1) Approve Resolution 17-005 authorizing acquisition of two parcels totaling

approximately 50.13 acres in the Coachella Valley Stormwater Channel and Delta Conservation Area at a cost not to exceed $400,000.00 plus closing costs not to exceed $3,500.

2) Authorize the Executive Director to execute all necessary contracts and take such other actions as required for the acquisition.

C. Acquisition of thirteen parcels totaling approximately 4.12 acres in the P46

Willow Hole Conservation Area - Jim Karpiak, Coachella Valley Mountains Conservancy RECOMMENDATION: 1) Approve Resolution 17-006 authorizing acquisition of thirteen parcels totaling

approximately 4.12 acres in the Willow Hole Conservation Area at a cost not to exceed $156,000.00 plus closing costs not to exceed $3,500.00.

2) Authorize the Executive Director to execute all necessary contracts and take such other actions as necessary for the acquisition.

D. Acquisition of three parcels in the Willow Hole Conservation Area totaling P51

approximately 3.75 acres - Jim Karpiak, Coachella Valley Mountains Conservancy

RECOMMENDATION:

3

1) Approve Resolution 17-007 authorizing acquisition of three parcels totaling approximately 3.75 acres in the Willow Hole Conservation Area at a cost not to exceed $15,500.00 plus closing costs not to exceed $1,500.00.

2) Authorize the Executive Director to negotiate and execute all necessary contracts and take such other actions as necessary for the acquisition.

E. Authorize Funds for Peninsular Bighorn Sheep Disease Study P55

– Katie Barrows

RECOMMENDATION: Authorize the Executive Director to: 1) Approve the expenditure of up to $26,750 in funds received through a Bureau of

Reclamation Grant for disease analysis. 2) Execute a contract for disease and health analysis of Peninsular bighorn sheep in the

Santa Rosa and San Jacinto Mountains with UC Davis for not to exceed $40,000. F. Biological Monitoring Update – Dr. Cameron Barrows, Associate Research Ecologist,

Center for Conservation Biology, UC Riverside 8. INFORMATION

1) CVCC’s Quarterly Unaudited Financial Statements as at March 31, 2017 P58

2) CVCC’s Investment Report as at March 31, 2017 P59

3) CVCC Attendance Roster P60

4) Contracts under $25,000

9. ANNOUNCEMENTS

Next scheduled meeting at 73-710 Fred Waring Drive, Room 119, Palm Desert: Coachella Valley Conservation Commission – Thursday, June 8, 2017, 11:00 a.m. Upcoming CVAG Meeting: General Assembly – Monday, June 26, 2017 at 6:00 p.m. at Miramonte Resort & Spa, 45000 Indian Wells Lane, Indian Wells

10. ADJOURNMENT

ITEM 2A

Revised 3/14/17

Coachella Valley Conservation Commission Members

JURISDICTION MEMBER

City of Cathedral City Shelley Kaplan Councilmember

City of Coachella Emmanuel Martinez Mayor Pro Tem

City of Desert Hot Springs Anayeli Zavala Councilmember

City of Indian Wells Dana Reed Councilmember

City of Indio Michael Wilson, Chair Mayor Pro Tem

City of La Quinta Linda Evans Mayor

City of Palm Desert Susan Marie Weber, Vice Chair Councilmember

City of Palm Springs Chris Mills Councilmember

City of Rancho Mirage Richard W. Kite Councilmember

County of Riverside

Kevin Jeffries, 1st District Supervisor [Alternate: Councilmember Glenn Miller, Indio]

John Tavaglione, 2nd District Supervisor [Alternate: Vice Mayor Karen Spiegel, Corona]

Chuck Washington, 3rd District Supervisor [Alternate: Mayor Jan Harnik, Palm Desert]

4th District Supervisor (Vacant) [Alternate: Mayor Scott Matas, Desert Hot Springs]

Marion Ashley, 5th District Supervisor [Alternate: Mayor Steven Hernandez, Coachella]

Coachella Valley Water District Anthony Bianco CVWD Board Member

Imperial Irrigation District Erik Ortega IID Board Member

Mission Springs Water District Nancy Wright MSWD Board President

Staff Tom Kirk, Executive Director

Gary Leong, Deputy Executive Director

Katie Barrows, Director of Environmental Resources

Jim Sullivan, GIS Program Director

Linda Rogers, Program Assistant II

Kathleen D. Brundige, Management Analyst

Coachella Valley Conservation Commission 1 Minutes – April 13, 2017

ITEM 6A

1. CALL TO ORDER

The meeting of the Coachella Valley Conservation Commission (“CVCC”) was called to order by Chair Michael Wilson at 11:00 am.

2. ROLL CALL

Roll call was taken and it was determined that a quorum was present. Members Present Agency Councilmember Shelley Kaplan City of Cathedral City Councilmember Anayeli Zavala City of Desert Hot Springs Mayor Richard Balocco City of Indian Wells Mayor Pro Tem Michael Wilson City of Indio Mayor Linda Evans City of La Quinta Councilmember Susan Marie Weber City of Palm Desert Councilmember Chris Mills City of Palm Springs Councilmember Richard W. Kite City of Rancho Mirage Councilmember Glenn Miller (Alternate for Riverside County – 1st District Supervisor Kevin Jeffries) Mayor Jan Harnik (Alternate for Riverside County – 3rd District Supervisor Chuck Washington) Mayor Steven Hernandez Riverside County – 5th District (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco Coachella Valley Water District Board Member Randy Duncan Mission Springs Water District Members Absent Mayor Pro Tem Emmanuel Martinez City of Coachella Vice Mayor Karen Spiegel Riverside County – 2nd District

(Alternate for Supervisor John Tavaglione) Mayor Scott Matas Riverside County – 4th District (Alternate for Riverside County 4th District)

Board Member Erik Ortega Imperial Irrigation District

Others Present Roger Overstreet Southern California Edison Sylvia Granados Southern California Edison Kevin Clark San Diego Natural History Museum Lori Hargrove San Diego Natural History Museum Doug Evans Desert Trails Coalition Brien Miller Desert Trails Coalition Richard Wood Hiker and trail user

Coachella Valley Conservation Commission 2 Minutes – April 13, 2017

CVAG Staff Tom Kirk Jim Sullivan Gary Leong Kathleen Brundige Linda Rogers Katie Barrows Erica Felci

3. PLEDGE OF ALLEGIANCE Mayor Steve Hernandez led in the Pledge of Allegiance.

4. PUBLIC COMMENTS Mr. Doug Evans and Brien Miller from the Desert Trails Coalition asked the CVCC to reconsider their support for AB 661 which extends the opening of the upper portion of the Mirage Trail (aka Bump and Grind) for nine months with a three month closure each year. Mr. Miller requested that this item be brought back to a future agenda for reconsideration. The CVCC discussed the matter and indicated interest in further discussion on a future agenda; allowing the current legislation to move forward was also discussed to ensure that the upper Bump and Grind remains open most of the year. Because the item was not on the agenda for action, Director Kirk suggested that this item be placed on a future agenda which was supported by a consensus of the CVCC.

5. COMMITTEE MEMBER / EXECUTIVE DIRECTOR COMMENTS

Director Kirk introduced Roger Overstreet and Sylvia Granados from Southern California Edison (SCE). Mr. Overstreet stated that SCE has paid a fee of $6.4 million as a participating special entity in the Coachella Valley Multiple Species Habitat Conservation Plan as part of the West of Devers project to upgrade transmission lines for renewable energy goals. Mr. Overstreet noted that the participating special entity process was more efficient and less expensive than other options. SCE was happy to provide funds to the commission for this project and thanked Jim Sullivan, Tom Kirk, and Katie Barrows for their help on this project.

6. CONSENT CALENDAR

IT WAS MOVED BY MAYOR EVANS, SECONDED BY COUNCILMEMBER KAPLAN, TO:

A. Approve the Minutes of the February 9, 2017 Coachella Valley Conservation

Commission

B. Annual Inflation Adjustment to the Local Development Mitigation Fee – receive as information

C. Approve Amendment of Contract with Coachella Valley Mountains Conservancy for Land Acquisitions Manager

D. Authorize the Chair to sign letters supporting the inclusion of Natural Communities Conservation Plans into proposed statewide parks bonds THE MOTION CARRIED WITH 11 AYES; 1 AYE 6B-6D; 1 AYE 6A-6B, 6D; 1 ABSTENTION 6A; 1 ABSTENTION 6C; and 4 ABSENT

Coachella Valley Conservation Commission 3 Minutes – April 13, 2017

Councilmember Shelley Kaplan AYE Councilmember Anayeli Zavala ABSTAIN 6A; AYE 6B-6D Mayor Richard Balocco AYE Mayor Pro Tem Michael Wilson AYE Mayor Linda Evans AYE Councilmember Susan Marie Weber AYE Councilmember Chris Mills AYE 6A-6B, 6D; ABSTAIN 6C Councilmember Richard W. Kite AYE Councilmember Glenn Miller AYE (Alternate for Supervisor Kevin Jeffries) Mayor Jan Harnik AYE

(Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez AYE (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco AYE Board Member Randy Duncan AYE Mayor Pro Tem Emmanuel Martinez ABSENT Vice Mayor Karen Spiegel ABSENT (Alternate for Supervisor John Tavaglione) Mayor Scott Matas ABSENT (Alternate for Riverside County 4th District) Board Member Erik Ortega ABSENT

7. DISCUSSION / ACTION

A. Review 2016 Annual Report IT WAS MOVED BY MAYOR EVANS, SECONDED BY COUNCILMEMBER KAPLAN, TO REVIEW AND ACCEPT THE 2016 ANNUAL REPORT ON THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND PROVIDE FOR PUBLIC INPUT.

THE MOTION CARRIED WITH 13 AYES AND 4 ABSENT. Councilmember Shelley Kaplan AYE Councilmember Anayeli Zavala AYE Mayor Richard Balocco AYE Mayor Pro Tem Michael Wilson AYE Mayor Linda Evans AYE Councilmember Susan Marie Weber AYE Councilmember Chris Mills AYE Councilmember Richard W. Kite AYE Councilmember Glenn Miller AYE (Alternate for Supervisor Kevin Jeffries) Mayor Jan Harnik AYE

(Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez AYE (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco AYE Board Member Randy Duncan AYE Mayor Pro Tem Emmanuel Martinez ABSENT Vice Mayor Karen Spiegel ABSENT

Coachella Valley Conservation Commission 4 Minutes – April 13, 2017

(Alternate for Supervisor John Tavaglione) Mayor Scott Matas ABSENT (Alternate for Riverside County 4th District) Board Member Erik Ortega ABSENT

B. Update on La Quinta Bighorn Sheep Barrier Project

Katie Barrows provided an informational update on the La Quinta Bighorn Sheep barrier project.

C. Contract with San Diego Natural History Museum for Riparian Bird Nest Monitoring and Cowbird Management IT WAS MOVED BY COUNCILMEMBER MILLS, SECONDED BY COUNCILMEMBER MILLER, TO: 1) Authorize a contract with San Diego Natural History Museum to monitor riparian bird

nests, and manage the threat of cowbirds in the Dos Palmas and Coachella Valley Stormwater Channel and Delta Conservation Areas, for not to exceed $140,000; and

2) Authorize the Executive Director to negotiate and execute the contract and take such other actions as are necessary to implement the contract. Authorize the Executive Director and/or legal counsel to make minor changes or revisions to the contract for clarification purposes.

THE MOTION CARRIED WITH 13 AYES AND 4 ABSENT. Councilmember Shelley Kaplan AYE Councilmember Anayeli Zavala AYE Mayor Richard Balocco AYE Mayor Pro Tem Michael Wilson AYE Mayor Linda Evans AYE Councilmember Susan Marie Weber AYE Councilmember Chris Mills AYE Councilmember Richard W. Kite AYE Councilmember Glenn Miller AYE (Alternate for Supervisor Kevin Jeffries) Mayor Jan Harnik AYE

(Alternate for Supervisor Chuck Washington) Mayor Steven Hernandez AYE (Alternate for Supervisor Marion Ashley) Board Member Anthony Bianco AYE Board Member Randy Duncan AYE Mayor Pro Tem Emmanuel Martinez ABSENT Vice Mayor Karen Spiegel ABSENT (Alternate for Supervisor John Tavaglione) Mayor Scott Matas ABSENT (Alternate for Riverside County 4th District) Board Member Erik Ortega ABSENT

Coachella Valley Conservation Commission 5 Minutes – April 13, 2017

8. INFORMATION 1) CVCC Attendance Roster

9. ANNOUNCEMENTS

Next scheduled meeting at 73-710 Fred Waring Drive, Room 119, Palm Desert: Coachella Valley Conservation Commission – Thursday, May 11, 2017 at 11:00 a.m.

10. ADJOURNMENT

The meeting adjourned at 11:56 am.

Respectfully submitted,

Linda Rogers

Linda Rogers Program Assistant II

ITEM 6B

Staff Report Subject: Authorize Engagement of Best, Best and Krieger for legal services related to the CVMSHCP Contact: Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org)

RECOMMENDATION: Authorize a letter of engagement with Best, Best and Krieger to provide legal services for CVMSHCP Implementation not to exceed $50,000 for July 1, 2017 through June 30, 2018. BACKGROUND: Best, Best & Krieger (BB&K) assists CVCC with various Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) specific issues including CEQA concerns, local development mitigation fee questions, and land management issues. BB&K partners and associates provide legal counsel to CVCC on a variety of specific issues on an as needed basis. Currently, BB&K is providing legal review and consultation on the La Quinta Peninsular Bighorn Sheep Barrier project. There are other ongoing implementation issues which require legal support from BB&K as well. The legal services provided by BB&K are authorized by a letter of engagement with CVCC. A letter of engagement was approved by CVCC at the May 12, 2016 meeting to cover the period through June 30, 2017 for an amount not to exceed $50,000. As of March 31, 2017, $27,125.59 has been spent of the funds allocated to the BB&K contract for FY 2016/2017. The proposed 2017/2018 CVCC budget includes $50,000 for legal expenses through June 30, 2018. The attached letter of engagement dated May 1, 2017 provides for BB&K representation subject to the terms and fee arrangement described in the letter, including a rate increase effective January 1, 2017. CVCC pays invoices from BB&K on a time and materials basis so the amount identified is a not to exceed amount. Staff is recommending approval of the attached letter of engagement with BB&K for an amount not to exceed $50,000.00 through June 30, 2018. FISCAL ANALYSIS: Funding for legal services in the amount of $50,000 will be included in the proposed CVCC budget for FY 2017/2018.

ATTACHMENTS:

1. Letter of Engagement with Best, Best & Krieger

ITEM 6C

Staff Report

Subject: Approve a Master Research Agreement with University of California Regents Contact: Kathleen Brundige, Habitat Conservation Management Analyst

(kbrundige@cvag.org) RECOMMENDATION: Approve a Master Research Agreement with the University of California allowing CVCC to continue to engage in contracts with the University of California. BACKGROUND: In 2008, CVCC approved a Master Research Agreement with the University of California (UC) to establish a cooperative arrangement between the UC and CVCC for implementing projects in planning and research. In July 2012, the Research Agreement was amended to extend it through June 2017. Through the years, the University of California has contracted to advise on research, monitoring, planning and development of protocols. The new Master Research Agreement has been updated with the names of the contract officers and similar details and a new three-year term set to expire in June 2020. The approved Master Research Agreement will also continue the negotiated indirect cost rate of 10%, a very low rate for an academic institution. The Office of Research at the University of California, Riverside has approved the attached Master Research Agreement. Staff requests that CVCC allow minor changes to this Research Agreement with the concurrence of the CVCC Executive Director and/or Legal Counsel. FISCAL ANALYSIS: No fiscal impact. The Research Agreement sets the general parameters for contracts between the CVCC and UC. Each individual project would need approval of CVCC. CONTRACT FINALIZATION: Minor changes/revisions may be made for clarification purposes by CVCC Executive Director and Legal Counsel prior to execution. ATTACHMENTS:

1. Master Research Agreement with University of California Regents

RESEARCH AGREEMENT 

BETWEEN 

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ON BEHALF OF ITS RIVERSIDE CAMPUS 

AND 

THE COACHELLA VALLEY CONSERVATION COMMISSION 

 

  This Agreement is entered into and is effective this 1st day of July, 2017 by and between The 

Regents of the University of California, on behalf of its Riverside campus, a California Corporation, 

hereinafter called “University”, and the Coachella Valley Conservation Commission, hereinafter called 

“CVCC”. 

 

RECITALS 

A. The Coachella Valley Conservation Commission is engaged in regional conservation planning 

and research projects. 

B. CVCC desires to retain University from time to time to assist CVCC with various regional 

conservation planning and research projects. 

 

TERMS 

I. Scope of Work, Budget and Final Report 

The work to be performed under this Agreement shall be in accordance with the Scope of Work and 

Budget for each research project as described in any Research Project Schedule (RPS) subsequently 

adopted by the parties pursuant to the following procedures: CVCC’s Representative may, from time to 

time, request that the University perform certain work pursuant to the terms of this Agreement by 

writing to the University’s Technical Director. The University’s Principal Investigator (PI) shall submit a 

formal proposal to the CVCC Representative through the University’s Office of Research. Said formal 

proposal shall be in the form of a Research Project Schedule (RPS), the format for which shall be as 

illustrated by the form attached hereto as Exhibit A. Each RPS shall thereafter be incorporated into this 

Agreement upon execution of the RPS by both parties. A final report summarizing the work performed 

under each RPS shall be prepared and provided to CVCC within thirty (30) days after completion of the 

work set forth in the corresponding RPS. 

II. Performance 

The work to be performed under each RPS adopted pursuant to this Agreement shall be performed 

within the time period for performance specified in the corresponding RPS. 

III. Maximum Amount and Payment 

For the performance of work in each RPS adopted hereunder, CVCC shall reimburse University for all 

direct costs incurred by University, together with reimbursement for all indirect costs at the rate of ten 

percent (10%) of total direct costs. The total direct costs for each research project shall be specified in 

the RPS thereof. The total amount to be paid pursuant to each RPS adopted under this Agreement shall 

not exceed the maximum amount specified in the corresponding RPS. 

Payment for each RPS adopted hereunder that is funded from CVCC’s general fund or the general 

fund of one or more of its member agencies shall be made by CVCC, upon submission of an invoice by 

the University Accounting Office and in accordance with the Payment Schedule set forth in the 

corresponding RPS. Payment for each RPS that is funded by a prime contract or grant shall be made in 

accordance with the terms and conditions of CVCC’s prime contract or grant. Upon receipt of each 

invoice from UCR for payment, CVCC shall immediately submit the expense to the sponsoring agency for 

said expense. Immediately upon receipt by CVCC of payment from the sponsoring agency for said 

expense, CVCC shall make payment to UCR. The form of invoice to be submitted by the University 

Accounting Office shall be the same as attached hereto as Exhibit “B” and incorporated herein by this 

reference. 

Upon request by CVCC, University shall submit documentation of any direct costs included in an 

invoice submitted for payment. However, if any project shall routinely require documentation to be 

submitted with the invoice, provision for such shall be clearly set out in the RPS for that project. In any 

event, a Final Financial Report documenting costs, by major cost categories, shall be submitted by 

University to CVCC sixty (60) days after completion of the work performed under each RPS adopted 

pursuant to this Agreement. For multi‐year projects, an Annual Financial Report will be submitted within 

sixty (60) days of the end of each project year. In the event this Agreement or any RPS adopted 

hereunder is terminated pursuant to the provisions set forth in Section XI below, a financial report shall 

be submitted within sixty (60) days after the effective date of the termination. Any funds remaining 

unexpended or unencumbered at the end of the performance period or upon termination shall be 

returned to CVCC within thirty (30) days. 

IV. Technical Director and Principal Investigator(s) 

The University’s technical representative for this Agreement shall be Dr. Michael Pazzani, Vice 

Chancellor for Research. The work and final report for each Research Project Schedule adopted pursuant 

to this Agreement shall be performed under the direction of the Principal Investigator (PI) identified in 

the corresponding Research Project Schedule (Named PI). It is agreed that the Named PI shall be 

responsible for the direction of effort of all work performed pursuant to the RPS and in accordance with 

applicable University policies. 

V. Audit 

It is mutually agreed that University shall be subject to the examination and audit of all records by CVCC 

during the term of this Agreement and for a period of three (3) years after expiration or termination of 

this Agreement. The examination and audit shall be confined to those matters connected with the 

performance of this Agreement including but not limited to the cost of performing the work described in 

an RPS adopted pursuant to this Agreement. University agrees to maintain records documenting the 

work performed under this Agreement by the Principal Investigator and all other individuals, as well as, 

costs for travel, costs of supplies and equipment and any other direct costs. 

VI. Rights in Data 

Except for proprietary material provided by CVCC and which CVCC is contractually prevented from 

sharing with the University, the University shall have the right to copyright, publish, disclose, 

disseminate and use, in whole and in part, any data and information received or developed under this 

Agreement. CVCC shall have a royalty‐free right and license to reproduce and use all technical reports 

and information delivered hereunder. It is also agreed by CVCC that use of the name of the University or 

its employees in any advertisement, press release or publicity with reference to this Agreement is 

governed by Section 92000 of the Education Code of the State of California. 

VII. Supplies and Equipment 

All equipment (equipment is defined as tangible non expendable personal property having a useful 

life of more than one year, and an acquisition cost of $5,000 or more per unit) purchased hereunder 

shall remain property of CVCC and title of such equipment shall be vested in CVCC and returned thereto 

upon completion of service, at CVCC’s discretion. 

VIII. Applicable Law 

This Agreement shall be interpreted and construed in accordance with the laws of the State of 

California. 

IX. Excusable Delays 

In the event of a delay caused by inclement weather, fire, flood, strike, labor dispute, acts of God, 

actors of Governmental officials or agencies, or any other cause beyond the control of the University, 

the University shall be excused from performance hereunder for the period or periods of time 

attributable to such delay. In the event of any such delay, the corresponding RPS may be amended to 

revise the maximum amount, performance period, and other provisions, as appropriate, by mutual 

agreement of the parties. 

X. Indemnification 

CVCC shall defend, indemnify and hold the University, its officers, employees and agents harmless 

from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for 

injury or damages arising out of the performance of this Agreement but only in proportion to and to the 

extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or 

result from the negligence or intentional acts or omissions of CVCC, its officers, employees or agents. 

The University shall defend, indemnify and hold CVCC, its officers, employees and agents harmless 

from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for 

injury or damages arising out of the performance of the Agreement but only in proportion to and to the 

extent such liability, loss, expense, attorneys’ fees or claims for injury or damages are caused by or 

result from the negligence or intentional acts or omissions of the University, its officers, employees, or 

agents. 

XI. Termination 

This Agreement and/or any RPS under this Agreement may be terminated by either party upon sixty 

(60) days written notice to the other party unless the term of an RPS under this Agreement is less than 

twelve (12) months, in which case the party desiring to terminate this Agreement shall be required to 

give thirty (30) days written notice to the other party. In the event of termination, CVCC shall pay 

University for all costs incurred to the date of the termination in accordance with the approved scope of 

work and budget set forth in the corresponding RPS, including all non‐cancelable commitments. 

XII. Notice 

Whenever any notice is to be given hereunder, it shall be in writing and sent to the following address: 

 

University:   Research and Economic Development 

University of California, Riverside 

245 University Office Building 

Riverside, CA 92521‐0217 

Attention: Sponsored Programs Administration 

 

CVCC:     Coachella Valley Conservation Commission 

73‐710 Fred Waring Drive, Suite 200 

Palm Desert, CA 92260 

Attention: Executive Director 

 

XIII. Contract Administration 

Tom Kirk or his designee shall serve as CVCC’s representative and shall have authority to 

administer this Agreement. Ursula N. Prins, shall serve as University’s representative and shall have 

authority to administer this Agreement. 

XIV. Assignment 

Neither this Agreement nor any part hereof shall be assigned by the University without the prior 

written consent of CVCC. 

XV. Amendment 

No amendment or variation of the terms of this Agreement shall be valid unless made in writing or 

agreement not incorporated herein shall be binding on any of the parties hereto. 

XVI. Conflict of Interest 

University, Principal Investigator, and any other individual performing work pursuant to this 

Agreement shall have no interest, and shall not acquire any interest, direct or indirect, which may or will 

conflict in any manner or degree with the performance of work pursuant to this Agreement. 

XVll. Waiver

Any waiver by CVCC or any breach of any one or more of the terms of this Agreement shall not beconstrued to be waiver of any subsequent or other breach ofthe same or of any other term hereof.

Xvlll. Term of This Asreement

. Subject to the term of any RPS adopted pursuant hereto, this Agreement shall be effective uponexecution by both parties for the period July 1, 2017 through June 30,2020.

XlX. Entire Agreement

Except as supplement by any RPS adopted pursuant hereto, this Agreement states the entireagreement between the parties with respect to the subject matter of this Agreement. This Agreementsupersedes any and all prior written or oral agreements, negotiations, discussions, or promises.

Dated:

Coachella Valley Conservation Commission

By

Da:

-ersity of California, on behalf of its Riverside campus

Ursula N. Prins

Principal Contract & Grant Officer

The Re

By

ITEM 7A

Staff Report

Subject: Consider Contract for Land Acquisition Manager Services Contact: Jim Sullivan, GIS Program Director (jsullivan@cvag.org) RECOMMENDATION: 1. Approve a three-year contract with the Coachella Valley Mountains Conservancy (CVMC),

paid at an hourly rate for actual work performed, in an amount not to exceed $70,000 per year for the first 12 months. The not-to-exceed amount shall increase by 3% annually in each of the following two years, to $72,100.00 in the second twelve months and to $74,263.00 in the third twelve months.

BACKGROUND: The Coachella Valley Mountains Conservancy (CVMC) has served as CVCC’s Acquisition Manager since 2008. CVMC staff continues to actively pursue and coordinate all acquisition efforts for the CVMSHCP land acquisition program. Work performed by CVMC staff includes assisting CVCC with setting acquisition priorities; acting as the primary consultant for CVCC during the land acquisition process (which includes identifying and pursuing acquisition and grant opportunities; requesting, reviewing and awarding bids, executing contracts and Purchase and Sale Agreements); completing site inspections and managing all aspects of title and escrow (including recordation of Deeds and Restrictive Covenants, funds tracking and requests for disbursement, conservation database management, federal funding coordination, etc.). The current contract with CVMC expires on June 30, 2017. CVMC staff continue to work diligently on CVCC’s behalf in finding and completing sometimes complex land purchases. Given their knowledge of the local real estate market for vacant land purchase, their relationship with state and federal funding agencies, and their excellent service in managing the acquisition program, CVCC asked CVMC to submit a bid to continue providing Land Acquisition Manager services for an additional three years. As a result, CVMC submitted their bid to provide Land Acquisition Manager services in an amount not to exceed $70,000 per year for the first 12 months. The not-to-exceed amount shall increase by 3% annually in each of the following two years, to $72,100.00 in the second twelve months and to $74,263.00 in the third twelve months. Since CVMC is a state agency, the hourly rates for staff are based on salaries and benefits as set by the State of California. CVCC will be invoiced with a list of actual hours worked and each task performed, with the not to exceed annual limit provided in the contract. Historically, the average cost of this contract with CVMC from 2008 to 2017 has been $73,507 per year. The initial contract with CVMC was negotiated at a much higher level and reduced to a lower number of hours during the recession. It has been necessary to amend the contract several times due to various unforeseen workload requirements. CVCC staff consider the proposed contract amount to be fair and reasonable. FISCAL ANALYSIS: A cost not to exceed $216,363.00 over the next three fiscal years, paid for from the Land Acquisition Fund. ATTACHMENTS: 1. Services Contract

SERVICES CONTRACT

between THE COACHELLA VALLEY CONSERVATION COMMISSION

and THE COACHELLA VALLEY MOUNTAINS CONSERVANCY

THIS AGREEMENT is made and effective as of July 1, 2017, between the Coachella Valley Conservation Commission (“CVCC”) and the Coachella Valley Mountains Conservancy ("Consultant" or “CVMC”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM

This Agreement shall commence on July 1, 2017 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES

Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to any schedule of performance which is also set forth in Exhibit A.

The parties acknowledge that the costs incurred for escrow services, title insurance, appraisals, and Phase I Environmental Site Assessments are not included in the compensation to be paid to Consultant. Said services shall be secured by subcontract, either with Consultant upon CVCC’s written approval or, at CVCC’s discretion, by direct contract with CVCC. 3. PERFORMANCE

Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein as Exhibit B. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

Consultant shall submit informal progress reports by telephone, e-mail or in person, on a weekly basis, in a form acceptable to CVCC, describing the state of work performed. The purpose of the reports is to allow CVCC to determine if the contract objectives and activities are being completed as identified in the work plan in accordance with the agreed upon schedule, and to afford occasions for airing difficulties or special problems encountered.

The Consultant’s Project Manager shall meet with the CVCC Project Manager as needed.

4. CVCC MANAGEMENT

CVCC's Executive Director shall represent CVCC in all matters pertaining to the administration of this Agreement, review and approval of all services submitted by Consultant.

5. PAYMENT

(a) CVCC agrees to pay Consultant based upon actual time spent on the above tasks. This amount shall not exceed $70,000 in the first twelve months. The not-to-exceed amount shall increase by 3% annually in each of the following two years, to $72,100 in the second twelve months and to $74,263 in the third twelve months. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein.

(c) Consultant (or the State of California Resources Agency, California State Parks, which provides fiscal and administrative support services for Consultant) will submit invoices for services performed in accordance with the payment rates and terms set forth in Exhibit A. The invoice shall be in a form approved by CVCC.

(d) A formal report of tasks performed and hours worked shall be submitted monthly in a form acceptable to CVCC. Consultant shall invoice CVCC for payment no more frequently than monthly but at least quarterly for actual work performed based on the hourly rates for CVMC staff. For fiscal year 2017-18, the rates are:

Executive Director $103.79/hour Associate Director $72.97/hour Staff Services Analyst (1) $68.19/hour Staff Services Analyst (2) $58.78/hour

As per Exhibit A, the hourly rates for CVMC staff shall increase annually by 3% to reflect increased salary and benefit amounts set by the State of California.

(e) All invoices shall be consistent with current progress reports as well as the budget and work schedule set out in Exhibit A. All direct costs billed must be specifically identified and may not exceed the rates payable to CVCC employees. The only direct cost identified in Exhibit A beyond the hourly rate is mileage. Except as may be preapproved in writing by CVCC, direct costs not identified in Exhibit A cannot be reimbursed.

(f) Payment shall be made within thirty (30) days of receipt of each invoice as to all

non-disputed fees. If CVCC disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SCOPE OF WORK CHANGES The scope of work set out in Exhibit A shall be subject to change by additions, deletions or revisions thereto by CVCC. Consultant shall be advised of any such changes by written notice. Consultant shall promptly perform and strictly comply with each such notice. If Consultant believes that performance of any change would justify modification of the Agreement price or time for performance, Consultant shall comply with the provisions for dispute resolution set out herein below. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) Either party may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the other party at least ninety (90) days prior written notice. Upon tender of said notice, Consultant shall immediately cease all work under this Agreement, unless further work is authorized by CVCC. If either party suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, CVCC shall pay Consultant for the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, Consultant will submit a final invoice to CVCC. Payment of the final invoice shall be subject to approval by the CVCC Project Manager as set out in paragraph 5. 8. DEFAULT OF CONSULTANT (a) Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, CVCC shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance of work hereunder arises out of causes beyond Consultant's control, and without fault or negligence of Consultant, it shall not be considered a default. (b) If the CVCC Manager or his/her delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Consultant a written notice of the default. Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, CVCC shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to work performed, costs, expenses, receipts, and other such information that relates to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of CVCC or its designees at reasonable times to such books and records; shall give CVCC the right to examine and audit said books and records; shall permit CVCC to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of CVCC and may be used, reused, or otherwise disposed of by CVCC without the permission of Consultant. With respect to computer files, Consultant shall make available to CVCC, at Consultant's office and upon reasonable written request by CVCC, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION FOR PROFESSIONAL LIABILITY

To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless CVCC and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 11. INSURANCE

Consultant shall maintain prior to the beginning of and for the duration of this Agreement general liability and motor vehicle coverage through the self- insurance program of the State of California. Consultant shall at all times provide workers’ compensation benefits for its employees.

12. INDEPENDENT CONSULTANT

(a) Consultant is and shall at all times remain as to CVCC a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither CVCC nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of CVCC. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against CVCC, or bind CVCC in any manner except as expressly authorized by CVCC.

(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, CVCC shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for CVCC. CVCC shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES

Consultant shall keep itself informed of State, Federal and local laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. CVCC, and its officers and employees, shall not be liable at law or in equity for any liability occasioned by failure of Consultant to comply with this Section.

Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, national origin, or any other unlawful basis.

14. UNDUE INFLUENCE

Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CVCC in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of CVCC will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling CVCC to any and all remedies at law or in equity.

15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES

No member, officer, or employee of CVCC, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the subject of this Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST

(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without CVCC's prior written authorization. Consultant, its officers, employees, agents, or sub-consultants, shall not without written authorization from the CVCC Project Manager or unless requested by the CVCC Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property of CVCC. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives CVCC notice of such court order or subpoena.

(b) Consultant shall promptly notify CVCC should Consultant, its officers, employees, agents, or sub-consultants be served with any summons, complaint, subpoena, notice of

deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property of CVCC. CVCC retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with CVCC and to provide the opportunity to review any response to discovery requests provided by Consultant. However, CVCC's right to review any such response does not imply or mean the right by CVCC to control, direct, or rewrite said response.

(c) Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-consultant.

(d) Prior to any work for any client other than the State of California, Consultant shall notify CVCC in writing of the identity of the client and the nature of Consultant’s services for said client. Such disclosure is necessary to allow CVCC to consider any potential conflict arising out of Consultant’s concurrent representation of other clients.

17. NOTICES

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CVCC: Tom Kirk, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260

To Consultant: Jim Karpiak, Executive Director Coachella Valley Mountains Conservancy 73-710 Fred Waring Drive, Suite 112 Palm Desert, CA 92260

18. ASSIGNMENT/PERSONNEL

The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CVCC.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only the personnel described in Exhibit A shall perform the services described in

this Agreement. Consultant shall obtain the prior written approval of CVCC before utilizing different personnel.

19. SUBCONTRACTS

Consultant shall obtain the prior written approval of CVCC before subcontracting any services related to this Agreement. CVCC reserves the right to contract directly with any necessary subcontractors.

20. LICENSES

At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

21. GOVERNING LAW

CVCC and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Riverside County Superior Court, Indio Branch.

Any dispute arising under this Agreement shall first be decided by the CVCC Executive Director or designee. Consultant shall give CVCC written notice within seven (7) days after any event which Consultant believes may give rise to a claim for an increase in compensation or a change in the performance schedule. Within fourteen (14) days thereafter, Consultant shall supply CVCC with a statement supporting the claim. CVCC shall not be liable for and Consultant hereby waives any claim or potential claim which Consultant knew or should have known about and which was not reported in accordance with the provisions of this paragraph. Consultant agrees to continue performance of the services during the time any claim is pending. No claim shall be allowed if asserted after final payment.

22. FINAL PAYMENT CERTIFICATION AND RELEASE

CVCC shall not be obligated to make final payment to Consultant until Consultant has fully performed under this Agreement and has provided CVCC written assurances that Consultant has paid in full all outstanding obligations incurred as a result of Consultant’s performance hereunder. All obligations owing by CVCC to Consultant shall be deemed satisfied upon Consultant’s acceptance of the final payment. Thereafter, no property of CVCC shall be subject to any unsatisfied lien or claim arising out of this Agreement.

23. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

24. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL

Consultant is bound by the contents of CVCC's Request for Proposal for these services and the contents of the response submitted by Consultant, and the contents of both are incorporated herein by this reference. In the event of conflict, the requirements of this Agreement, then the Request for Proposals, shall take precedence over those contained in Consultant's response.

25. FORCE MAJEURE

Neither party hereto shall be liable to the other for its failure to perform under this Agreement when such failure is caused by strikes, accidents, acts of God, fire, war, flood, governmental restrictions, or any other cause beyond the control of the party charged with performance; provided that the party so unable to perform shall promptly advise the other party of the extent of its inability to perform. Any suspension of performance by reason of this paragraph shall be limited to the period during with such cause of failure exists.

26. AUTHORITY TO EXECUTE THIS AGREEMENT

The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

[Continued on next page]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

COACHELLA VALLEY CONSERVATION COMMISSION

By: __ Michael Wilson, CVCC Chair

Attest:

________ Tom Kirk, Executive Director

COACHELLA VALLEY MOUNTAINS CONSERVANCY By:____________________________ Jim Karpiak, Executive Director

EXHIBIT A

CVMC Table

Salary Benefits Total net billable hours per month

Base hourly rate

Indirect costs per hour

Full hourly rate

Exec. Director

$ 8,971.30 $ 3,625.62

148.79 $ 84.66 $19.13 $ 103.79 $107,655.60

Assoc. Director

$ 5,988.32 $ 2,021.94

148.79 $ 53.84 $ 19.13 $ 72.97 $ 71,859.84

Staff Serv. Analyst 1

$ 4,605.12 $ 2,694.50

148.79 $ 49.06 $19.13 $ 68.19 $ 55,261.44

Staff Serv. Analyst 2

$ 3,900.00 $ 2,000.00

148.79 $ 39.65 $19.13 $ 58.78 $ 46,800.00

EXHIBIT B

Scope of Services Task 1 – Assist CVCC in Setting Acquisition Priorities In continuance of its acquisition program, CVCC will need to periodically set acquisition priorities to direct the Acquisitions Manager and ensure compliance with the CVMSHCP/NCCP. CVMC shall work closely with CVCC staff to determine acquisition priorities. In general terms, considerations would likely include:

(1) How vulnerable the biological resources in each Conservation Area are. This is a way of identifying situations in which even a small amount of loss could adversely impact the ability to achieve the CVMSHCP/NCCP’s Conservation Objectives. There are three situations where the risk is greatest: wildlife movement corridors (Biological Corridors), which can be very narrow in some areas; water-borne (fluvial) or wind-borne (Aeolian) sand transport areas, which can also be quite narrow; and habitat for certain species or natural communities that occur in only a few limited areas.

(2) What the level of urgency is with respect to “Rough Step” compliance under the MSHCP. Rough Step is the requirement that in each Conservation Area “Take” (disturbance of land) remains proportional to Conservation accomplished. Essentially, for every 1 acre of Take in a Conservation Area, 9 acres of Conservation needs to occur. This ensures that by the time the 10% of Take that is allowed in a Conservation Area has occurred, the 90% of Conservation that is required will also have occurred.

(3) What the degree of threat is from already proposed developments, patterns of development in an area which suggest threat in the near future, and general plan land use designations that would be especially conducive to development.

Other considerations that CVCC may wish to take into consideration in order to refine acquisition priorities in a specific Conservation Area and be able to respond to specific circumstances and opportunities include:

Availability of other potential acquisition entities or funding sources. The acquisition and funding programs of state and federal agencies and non-profit organizations may reduce the need for the CVCC to expend funds in certain areas. They may also create opportunities for partnership acquisitions to acquire larger or more expensive properties.

Parcel size. All other things being equal, buying larger parcels is likely to be less costly per acre and accomplish more toward meeting Conservation Objectives and Rough Step requirements. There will also be instances, however, where it will be important to purchase small parcels to ensure the protection of key areas, especially “choke points”, or to be equitable.

Cost. All other things being generally equal, purchasing less costly land is more efficient. There will also be instances, however, where it will be important to purchase higher priced parcels to ensure the protection of key areas, especially “choke points” and to meet Conservation Objectives and Rough Step requirements.

Special opportunities. Unforeseeable opportunities may arise from time to time, such as bargain sale opportunities, foreclosure sales, and tax-defaulted parcels that may significantly lower the price of a property or simply create a sudden opportunity. The CVCC’s acquisition program should be flexible enough to respond to these special opportunities.

Other factors may be identified through discussions with CVCC members and staff. Priority-setting is, of course, a dynamic process as circumstances and needs are constantly changing. After establishing an initial set of acquisition priorities to direct the acquisition effort, CVCC may revise these as needed over time. As the Acquisitions Manager, CVMC shall apprise CVCC and/or its Acquisition and Funding Coordinating Committee (Acquisition Committee) of new information and periodically recommend changes in acquisition priorities. Acquisition Committee (currently a committee of the whole) members may also make recommendations for changes in acquisition priorities. CVMC shall also maintain contact with state and federal agencies and non-profit organizations undertaking acquisitions in the CVMSHCP/NCCP area to ensure that information on their acquisitions is entered into the CVCC database to track progress toward meeting Conservation Objectives, prepare annual reports and complying with Rough Step.

Task 2 – Act as the Primary Consultant for CVCC during the Land Acquisition Process CVMC is very experienced with the conservation acquisition process including the development of working relationships with a number of area realtors, who routinely advise CVMC of listings in which we might be interested. CVMC shall monitor the local real estate services listings and Metroscan to identify properties for sale in target acquisition areas. CVMC shall be proactive in contacting landowners in priority acquisition areas to identify willing sellers, and shall respond to landowners in Conservation Areas referred to CVMC by CVAG or CVCC. As Acquisitions Manager, CVMC shall also respond to acquisition opportunities arising through the Joint Project Review process and the HANS process as the CVMSHCP/NCCP is implemented. CVMC shall assist CVCC as desired in providing outreach and information to the public on the acquisition process. In addition to targeted mailings in priority acquisition areas, this could include preparing press releases as appropriate, as well as a simple brochure or fact sheet describing the CVCC’s acquisition process and background information on the need and purpose for it under the CVMSHCP/NCCP. This could be posted on the CVMSHCP website and made available in print for distribution at meetings or for landowners who visit the CVCC office. CVMC has successfully completed thousands of acres worth of purchases, handling all aspects of the transactions. CVMC shall prepare, for CVCC’s approval, standard forms for Request for Proposals for appraisals, Purchase and Sale Agreements (and may also use the standard California Association of Realtors Vacant Land Purchase Agreement and Joint Escrow Instructions when appropriate), site inspections, and a letter for initial contacts with landowners. CVMC may be required to negotiate purchases directly with landowners and to work through realtors when properties are listed for sale. CVMC shall work with appraisers, title and escrow companies (including the notarization of deeds), and review preliminary title reports and supporting documents to ensure availability of clear title.

Since 2004, CVMC has assisted CVCC as Acquisition Manager with the successful acquisition of over 15,000 acres through its acquisition program and also with its transportation project mitigation acquisitions, including the successful acquisition of approximately 1795 mitigation acres. As Acquisitions Manager, CVMC shall assist CVCC in developing necessary policies and procedures related to the acquisition program, regarding such matters as appraisal standards, how to select appraisers and title and escrow companies, and when to require Phase I or Phase II Environmental Site Assessments, and contracting for clean-up of property when necessary. Task 3 – Conduct Site Inspections and Coordinate Land Improvements with CVCC CVMC shall use a standard site inspection protocol and reporting form approved by CVCC which it uses in inspecting properties to be acquired. CVMC shall include a contingency in acquisition purchase agreements that the property will be inspected to determine if there are any hazardous waste or hazardous conditions issues. If there are, the Seller may be asked to clean up the property as needed. If the Seller does not agree to do so, CVMC, under direction from CVCC, would have the discretion to terminate the purchase agreement or clean up the property at its cost, or accept the property “as is”. If the site inspection reveals serious issues, CVMC may, if authorized by CVCC, contract with a licensed environmental specialist to conduct a full Phase I, and potentially in some instances a Phase II, Environmental Site Assessment to document the issues associated with the property and recommend remedial measures. As desired by CVCC, CVMC shall coordinate site inspections with CVCC and provide the results of the site inspection to CVCC for use in evaluating the need for land improvements such as invasive species removal, fencing, and signage. CVMC staff shall also assist with identifying and resolving land management issues ranging from off-road vehicle trespass and illegal dumping to exotic species infestation and soil erosion. This expertise shall be employed to ensure that site inspections provide a thorough baseline inventory of management issues and needs to CVCC. Task 4 – Report Acquisition Information to CVCC and Assist with Development of Plan Database CVMC shall work with CVCC staff to develop a reporting protocol regarding all lands acquired. CVMC has informally provided CVAG with information on acquisitions accomplished during the preparation of the CVMSHCP/NCCP, and recognizes the need to develop a formal process and protocol for reporting such information to CVCC. CVMC shall also assist CVCC in obtaining the necessary information on acquisitions from state and federal agencies and non-profit organizations as these acquisitions are also key to implementing the CVMSHCP/NCCP as either state/federal contributions or Complementary Conservation, which contribute to meeting the Conservation Objectives and maintaining Rough Step compliance. CVMC shall assist CVCC with the preparation of the acquisitions portion of the Annual Report required by Section 6.4 of the CVMSHCP/NCCP. CVMC shall also assist CVCC staff with development of a property records management system. Depending on what CVCC staff desires, CVMC shall coordinate development of this system with CVCC and

the Monitoring Program manager to ensure that information useful to them is included in the system and that they are aware of what properties have been purchased by CVCC and other entities. Task 5 – Identify and Pursue Available Acquisition Opportunities As Acquisitions Manager, CVMC shall pursue all available opportunities to conserve land through means in addition to purchases from willing sellers at market value. On occasion landowners desire to donate property or sell it at less than market value (bargain sale), typically to avail themselves of a charitable deduction on their income tax returns. CVMC is familiar with the procedures and Internal Revenue Code provisions and shall facilitate any such transactions for CVCC. CVMC also has experience with acquiring tax default parcels from the County through Chapter 8 Tax Sale Agreements pursuant to the state Revenue and Taxation Code. CVMC receives lists of such parcels from the Tax Collector and, over the years, has acquired several thousand acres seized by the County for failure to pay taxes. The cost of such acquisitions is well below market value. CVMC shall monitor the tax default lists for properties appropriate for CVCC’s purposes. CVMC shall also regularly monitor Public Notices regarding foreclosure sales for properties appropriate for CVCC’s purposes. CVMC has had significant success over the years in assembling partnership acquisitions involving various combinations of federal and state agencies, local governments, and non-profit organizations and foundations. The most significant of these was the 8,881 acre Cathton property acquisition in 2004, in which CVMC was able to get one federal, two state, and one local agency, as well as two non-profit organizations, to contribute a combined total of $16.5 million to match the $9.5 million provided by CVMC. We also partnered with multiple agencies in 2014 to acquire 353 acres called Shadowrock in the Chino Cone area of the National Monument. In all, CVMC has assembled partnerships over the years resulting in the acquisition of more than 29,000 acres. In these acquisitions, CVMC contributed highly-leveraged funds with the bulk of the funding coming from partners who also took title. CVMC has also assisted in land exchanges with BLM, resulting in nearly 3,000 acres of land being conserved, and the sale and purchase of lands through the Federal Land Transaction Facilitation Act. CVMC has also had considerable experience with drafting and implementing Option to Purchase Agreements, phased acquisition agreements, and conservation easements as alternatives to fee simple or immediate acquisition. While we have not used installment contracts, CVMC is familiar with them, and recognizes that should cash flow become an issue for CVCC at any point, installment contract purchases, as well as other alternatives to full immediate purchase, such as charitable gift annuities and charitable remainder trust transactions, could become important to pursue. CVMC shall continue to diligently pursue all the aforementioned opportunities for acquisition of properties by CVCC. Task 6 – Identify and Pursue Acquisition Grant Opportunities CVMC has prepared several Environmental Enhancement and Mitigation (EEM) grants for CVCC. Grants such as this are a helpful adjunct to CVCC’s other funding sources. Because implementation of the CVMSHCP/NCCP depends not only on CVCC’s acquisition program, but also on acquisitions by state and federal agencies and non-profit organizations to achieve the Conservation Objectives and maintain compliance with Rough Step, it is vital that the Acquisitions Manager be capable of assisting and

coordinating with other entities’ efforts to secure acquisition funding through grants as well. CVMC has written successful grant proposals for itself and other entities over the years to obtain grants through the EEM program, Habitat Conservation Fund, Intermodal Surface Transportation Efficiency Act, and National Fish and Wildlife Foundation, and a private foundation, totaling more than $15 million. In addition, CVMC has assisted USFWS in preparing Section 6 Cooperative Endangered Species Act grant proposals that have resulted in grants to the state for more than $27 million. CVMC has also helped BLM and USFS to obtain more than $15 million in Land and Water Conservation Fund money for their acquisition programs. CVMC shall continue to diligently pursue all the aforementioned opportunities for acquisition grants that might be available to meet CVCC goals. In addition to obtaining many grants, CVMC has also made dozens of grants to non-profit organizations and local agencies to assist with acquisitions, and thus has expertise and experience in administering grant programs. Should CVCC decide to make grants at times for acquisitions, CVMC shall assist CVCC in conducting such a program. Task 7 – Assist with Obtaining Conservation Easements on Various Properties CVMC has drafted and recorded conservation easements, Notices of Unrecorded Grant Agreements and Restrictive Covenants on several thousand acres of land and is quite familiar with the procedures and content of restricted deeds. CVMC shall coordinate the preparation and recordation of interim Restrictive Covenants for CVCC and future Conservation Easements when that is the appropriate legal instrument for ensuring the permanent conservation of the land acquired by CVCC. One of the critical issues regarding conservation easements is who the grantee will be. If it is feasible for CVCC to be the grantee for all properties acquired by CVCC, a standard conservation easement shall be developed for CVCC’s consideration that would simplify the preparation and recordation of these easements. As conservation easements typically require the identification of a funding source for management of the land placed under the conservation easement, the CVMSHCP/NCCP Land Management endowment would fulfill this requirement. CVMC shall also assist CVCC in exploring alternative legal instruments such as deed restrictions or contractual agreements with USFWS and the California Department of Fish and Wildlife. Task 8 – Assist with Obtaining Conservation Easements and/or Right of Way Easements for CV-Link CVMC shall coordinate the preparation and recordation of Conservation Easements or Right of Way Agreements for CV-Link or other CVAG projects as directed by CVCC. Staffing: Executive Director, Coachella Valley Mountains Conservancy Associate Director, Coachella Valley Mountains Conservancy Staff Services Analyst (1), Coachella Valley Mountains Conservancy Staff Services Analyst (2), Coachella Valley Mountains Conservancy

Since CVMC is a State agency, the hourly rates for staff reflect salaries and benefits as set by the State of California. CVCC shall be invoiced on the basis of actual hours needed with a not to exceed annual limit and for actual work performed by listing each task performed. The current rates are:

Executive Director $103.79/hour Associate Director $72.97/hour Staff Services Analyst (1) $68.19/hour Staff Services Analyst (2) $58.78/hour

Those hourly costs are subject to annual 3% adjustment. CVMC will not, however, bill more than the not-to-exceed amounts shown above. There are no separate indirect or overhead costs because the state’s calculation for the above hourly rates accounts for such costs in the formula. The only direct costs that would be incurred are mileage, proposed at $0.535 per mile for site inspections and any meetings at locations other than the CVMC or CVCC office, and miscellaneous mailing costs. CVMC has the necessary GPS, camera, and other equipment and software necessary for site inspections, database management, GIS work, etc., so there will be no charges for equipment of any sort. Similarly, CVMC will not bill for routine office supplies, phone calls, etc. CVMC will not use any sub-consultants without prior authorization by CVCC. It is noted, however, for clarity that the acquisition process requires the services of an escrow and title company, and in some instances may require an appraiser and/or a contractor to conduct Phase I Environmental Site Assessments, Mineral Resources Surveys and clean up contractors. Costs for these services are not part of CVMC’s proposal. With facilitation and coordination by CVMC, CVCC would contract separately for such services, which are included as part of the capital costs in the Land Acquisition and Improvement Fund in the CVMSHCP/NCCP budget. The budget for the Acquisitions Manager is part of the acquisition program administration costs.

ITEM 7B

Staff Report

Subject: Acquisition of two parcels totaling approximately 50.13 acres in the

Coachella Valley Stormwater Channel and Delta Conservation Area Contact: Jim Karpiak, Coachella Valley Mountains Conservancy

(jkarpiak@cvmc.ca.gov) RECOMMENDATION: 1. Approve Resolution 17-005 authorizing acquisition of two parcels totaling

approximately 50.13 acres in the Coachella Valley Stormwater Channel and Delta Conservation Area at a cost not to exceed $400,000.00 plus closing costs not to exceed $3,500.

2. Authorize the Executive Director to execute all necessary contracts and take such other actions as required for the acquisition.

BACKGROUND: The Coachella Valley Stormwater Channel and Delta Conservation Area (Stormwater Area) includes land surrounding the Coachella Valley Stormwater Channel from Monroe Avenue to the Salton Sea except for the tribal land that is not subject to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The Stormwater Area is an important area as it contains suitable migration and breeding habitat for the riparian birds and other species associated with wetlands covered by the Plan. At its November 2016 meeting, by Resolution 16-015, CVCC authorized the purchase of APNs 727-250-006 and 727-250-015, consisting of approximately 50.13 acres (the Property), using federal Section 6 funds with the local share paid by the Coachella Valley Mountains Conservancy (CVMC) and the California Wildlife Conservation Board (WCB). Unfortunately, a recent backlog in WCB’s Section 6 process resulted in a delay of the WCB consideration of this project until August or November, by which time the Department of General Services appraisal review and the Purchase and Sale Agreement will expire. The seller has already been waiting nearly a year and is not inclined to extend the agreement. To prevent loss of the ability to purchase and conserve the Property, staff is recommending that CVCC move forward with the acquisition as contemplated using CVCC’s Land Acquisition Fund in place of the Section 6 funds. CVMC would still contribute matching funds. The purchase price for the Property is $400,000, or $7,979 per acre. CVMC would contribute 35% of the price as matching funds in the amount of $140,000.00. CVCC would take title to the property and would only be responsible for the remaining $260,000.00 plus closing costs which total approximately $3,500. CVCC will work with other partners on management of these lands. The Property is located in the Stormwater Area in the unincorporated area of Riverside County. The Property contains core habitat for Crissal thrasher and other conserved habitat for Le Conte’s thrasher. Additionally, the Property contains migration and breeding habitat for least Bell’s vireo, southwestern willow flycatcher, summer tanager, yellow-breasted chat, and yellow warbler. The riparian habitat found on the Property is

considered important as the habitat is scarce in the desert and contributes to the preservation of the riparian species. The Property also contains natural communities such as the desert saltbush scrub and mesquite hummocks. The purchase agreement is contingent upon: (1) approval by the CVCC Board; (2) Seller’s ability to provide CVCC an owner’s policy of title insurance subject only to such exceptions as may be accepted in writing by CVCC; (3) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the Property, with all debris to be removed by seller by close of escrow; (and 4) approval by the CVMC board of a grant of state bond funds to be used as matching funds. Today staff requests CVCC consideration for the purchase of the Property for use as a nature preserve in perpetuity to advance the goals and objectives of the Plan. FISCAL ANALYSIS: Funding is expected to be available for the full purchase, $400,000.00, using a combination of matching State Bond Funds from the Coachella Valley Mountains Conservancy which would pay $140,000.00 and CVCC’s Land Acquisition Fund providing $260,000.00, plus closing costs not to exceed $3,500. CONTRACT FINALIZATION: The Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. Attachments: 1. Resolution 17-005 2. Map showing location of the parcels

Resolution No: 17-005

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION

AUTHORIZING ACQUISITION OF APNs 727-250-006 and 727-250-015

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement; and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan (“Plan”); and WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and WHEREAS, APNs 727-250-006 and 727-250-015, comprising of approximately 50.13 acres, as described in Exhibit A (the “Property”), is within the Coachella Valley Stormwater Channel and Delta Conservation Area of the Plan, contains biological resources, such as important plant or wildlife habitat or hydrologic features, cultural resources, significant scenic attributes and recreational options consistent with habitat values; and was appraised by the Commission in 2016; and WHEREAS, funding for the acquisition is expected to be available from state bond funds from the Coachella Valley Mountains Conservancy, with the remaining funds and closing costs paid by the CVCC Land Acquisition Fund; and WHEREAS, the owner has accepted a contingent offer from the Commission to purchase the Property at the fair market value determined by an appraisal; and

WHEREAS, acquisition of the Property would advance the goals and objectives of the Plan; and

NOW, THEREFORE, be it resolved that the Commission approves the purchase of the Property using a combination State Bond Funds and CVCC’s Land Acquisition Fund for the purchase price of $400,000, and closing costs not to exceed $3,500.00; and FURTHER resolved that the Commission hereby authorizes the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property; and FURTHER resolved that CVCC Resolution No. 16-015 is hereby repealed and of no further force or effect. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 11th day of May, 2017. APPROVED: ___________________________ ___________________________ Michael Wilson Tom Kirk Chair Executive Director

Exhibit A

Description of Real Property to be acquired

APN: 727-250-006: 30.00 Acres; In POR NE ¼ OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 9 EAST APN: 727-250-015: 20.13 Acres; In POR M/L NE ¼ OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 9 EAST .

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727250006

727250015

Z:\ovizcarra\Maps for Presentations\color\Proposed Acquisition Coachella Valley Stormwater Channel and Delta Conservation Area.mxdMay 03, 2017

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Proposed Acquisitions in the Coachella Valley Stormwater Channel and Delta Conservation Area totaling 50.13 acres

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Disclaimer: Maps and data are to be used for referencepurposes only. Map features are approximate, and are notnecessarily accurate to surveying or engineeringstandards. CVAG and the County of Riverside make nowarranty or guarantee as to the content (the source is oftenthird party), accuracy, timeliness, orcompleteness of any of the data provided, and assumes nolegal responsibility for the information contained on thismap. Any use of this product with respect to accuracy andprecision shall be the sole responsibility of the user.

SALTON SEA

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HighwaysProposed Acquisitions

CVMSHCP Conservation Area

Parcels

Legend

Conserved Since 1996

ITEM 7C

Staff Report

Subject: Acquisition of thirteen parcels totaling approximately 4.12 acres in the Willow

Hole Conservation Area Contact: Jim Karpiak, Coachella Valley Mountains Conservancy

(jkarpiak@cvmc.ca.gov) RECOMMENDATION: 1. Approve Resolution 17-006 authorizing acquisition of thirteen parcels totaling approximately

4.12 acres in the Willow Hole Conservation Area at a cost not to exceed $156,000.00 plus closing costs not to exceed $3,500.00.

2. Authorize the Executive Director to execute all necessary contracts and take such other actions as necessary for the acquisition.

BACKGROUND: CVCC identified the Willow Hole Conservation Area as a priority in 2008 and since then has concentrated many of its acquisition efforts there. This Conservation Area is important because it contains blowsand habitat and a wildlife movement corridor that are both critical to the long-term viability of a number of species, including the Coachella Valley fringe-toed lizard and Palm Springs pocket mouse. Recently, an appraisal report was completed and contingent offer letters were sent to property owners in order to identify potential willing sellers. The owners of APN(s) 660-072-006, 660-072-007, 660-072-009, 660-072-010, 660-072-014, 660-072-016, 660-091-004, 660-091-006, 660-091-007, 660-091-008, 660-091-009, 660-091-012, and 660-093-004 (the Property) accepted the contingent offer and executed an Agreement for the Purchase and Sale of Real Estate with CVCC. Purchase price for the Property is $156,000.00 (or approximately $37,864.00 per acre), plus closing costs not to exceed $3,500.00. Since the Property is also listed on the approved list for the Coachella Valley’s federal Section 6 grant, we have applied to the Wildlife Conservation Board (WCB) to use those funds. Use of Section 6 funds would require additional state approvals and contingencies as well as eligible local matching funds. Assuming we receive all of the Section 6 approvals, Section 6 would pay 65% of the acquisition cost, and the Coachella Valley Mountains Conservancy provides the 35% match. CVCC would take title to the property and would only be responsible for the closing costs which total approximately $3,500.00. CVCC owns other properties in this area and will coordinate with other partners on management of these lands. If the state approvals for using Section 6 funds are not forthcoming (or if the approvals are not timely enough to keep the sellers from terminating), in light of the importance of the Property, CVCC staff recommends proceeding with the transaction using CVCC Land Acquisition Funds. The Property contains core habitat for the Coachella Valley fringe-toed lizard, Coachella Valley milkvetch, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. Additionally, all three properties provide other conserved habitat for Coachella giant sand treader cricket, Coachella Valley jerusalem cricket, flat-tailed horned lizard, and Le Conte’s thrasher. The natural communities occurring on these Properties include ephemeral desert sand fields.

The purchase agreement is contingent upon: (1) approval by the CVCC Board; (2) Seller’s ability to provide CVCC an owner’s policy of title insurance subject only to such exceptions as may be accepted in writing by CVCC; (3) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the Property, and all debris shall be removed by close of escrow by seller; and, if Section 6 funds are used, (4) approval from the California Department of General Services (DGS) and US Fish and Wildlife Services (USFWS), (5) approval by the Coachella Valley Mountains Conservancy board of a grant of state bond funds to be used as matching funds; and (6) approval of a Cooperative Endangered Species Conservation Fund Subgrant by the WCB at its next available public meeting. Today staff requests CVCC consideration for the purchase of the Property for use as a nature preserve in perpetuity to advance the goals and objectives of the CVMSHCP. FISCAL ANALYSIS: Funding is available for the full purchase, $156,000.00 plus closing costs, not to exceed $3,500.00, using a combination of CVCC’s Land Acquisition Fund, Federal Section 6 Cooperative Endangered Species Conservation Funds and State Bond Funds. CONTRACT FINALIZATION: The Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. Attachments: 1. Resolution 17-006 2. Map showing location of the parcel

,

Resolution No: 17-006

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APN(s) 660-072-006, 660-072-007, 660-072-009, 660-072-010, 660-072-014, 660-072-016, 660-091-004, 660-091-006, 660-091-007, 660-091-008, 660-091-009,

660-091-012, and 660-093-004

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement; and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and WHEREAS, APN(s) 660-072-006, 660-072-007, 660-072-009, 660-072-010, 660-072-014, 660-072-016, 660-091-004, 660-091-006, 660-091-007, 660-091-008, 660-091-009, 660-091-012, and 660-093-004, as described in Exhibit A (collectively, the “Property”), is within the Willow Hole Conservation Area of the Plan, contains biological resources, such as important plant or wildlife habitat or hydrologic features, cultural resources, significant scenic attributes and recreational options consistent with habitat values; and was appraised by the Commission in 2016; and

WHEREAS, the owner of the Property has accepted a contingent offer from the Commission to purchase the Property at the fair market value determined by an appraisal; and WHEREAS, funding for the acquisition is expected to be available from the U.S. Fish and Wildlife Service federal Section 6 grant fund and state bond funds from the Coachella Valley Mountains Conservancy, with closing costs paid by the CVCC Land Acquisition Fund; and WHEREAS, if Section 6 funding is not available, funding for the full purchase price is available in the CVCC Land Acquisition Fund; and

WHEREAS, acquisition of the Property would advance the goals and objectives of the Plan; and

NOW, THEREFORE, be it resolved that the Commission approves the purchase of the Property using a combination of CVCC Land Acquisition Funds, Federal Section 6 Cooperative Endangered Species Conservation Fund and State Bond Funds for the purchase price of $156,000.00, plus closing costs estimated not to exceed $3,500.00; and FURTHER, the Commission hereby authorizes the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 11th day of May, 2017. APPROVED: ___________________________ ___________________________ Michael Wilson Tom Kirk Chair Executive Director

Exhibit A

Description of Real Property to be acquired The following is a draft legal description; the final legal description will be prepared by the title company. 4.12 Acres; (1) LOTS 3, 4, 6, 7, 17, 19, 22, 25, AND 32 OF CIRCLE B RANCH ESTATES AS PER MAP RECORDED IN BOOK 39 OF PAGE 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN(S): 660-072-006, 660-072-007, 660-072-009, 660-072-010, 660-072-014, 660-072-016, 660-091-004, 660-091-006, 660-091-007, 660-091-008, 660-091-009, 660-091-012, AND 660-093-004

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§̈¦10

PALM SPRINGS

PALM

VARNER

MOUNTAIN VIEWCIRCLE B

21ST

20TH

CATHEDRAL CITY

DESERT HOT SPRINGS

660072009660072010660072014660072016660091004660093004

660091006660091007660091008660091009660091012

660072006660072007

Ü 0 0.5 10.25Miles

Proposed Acquisitions in the Willow Hole Conservation Area totaling 4.12 Acres

G:\ovizcarra\Maps for Presentations\color\CVCC May Maps\CVCC Willow Hole 13 parcels.mxd

CVMSHCP Conservation Areas

Legend

ParcelsStreets

Acquisitions Since 1996

Proposed Parcel Acquisitions

City BoundariesXYXY

XY

XY XY

XY XY

XY

XY

Disclaimer: Maps and data are to be used for referencepurposes only. Map features are approximate, and are notnecessarily accurate to surveying or engineeringstandards. CVAG and the County of Riverside make nowarranty or guarantee as to the content (the source is oftenthird party), accuracy, timeliness, orcompleteness of any of the data provided, and assumes nolegal responsibility for the information contained on thismap. Any use of this product with respect to accuracy andprecision shall be the sole responsibility of the user.

ITEM 7D

Staff Report Subject: Acquisition of three parcels in the Willow Hole Conservation Area

totaling approximately 3.75 acres Contact: Jim Karpiak, Coachella Valley Mountains Conservancy

(jkarpiak@cvmc.ca.gov) RECOMMENDATION: 1. Approve Resolution 17-007 authorizing acquisition of three parcels totaling

approximately 3.75 acres in the Willow Hole Conservation Area at a cost not to exceed $15,500.00 plus closing costs not to exceed $1,500.00.

2. Authorize the Executive Director to negotiate and execute all necessary contracts and take such other actions as necessary for the acquisition.

BACKGROUND: An appraisal was completed in the Willow Hole Conservation Area, one of CVCC’s priority conservation areas, the fair market values of target properties were determined, and contingent offer letters were then sent to potential willing sellers. The landowner of APNs 660-110-010, 660-110-034, and 660-110-035 (together, the “Property”) accepted the contingent offer and has executed an Agreement for the Purchase and Sale of Real Estate with CVCC. Today staff requests CVCC consideration of the purchase of the Property, which consists of approximately 3.75 acres, for a purchase price of $15,500.00 plus closing costs totaling approximately $1,500.00. This amounts to approximately $4,133 per acre, which is consistent with other recent conservation purchases in the area. The Property is in the unincorporated area of Riverside County and within the Willow Hole Conservation Area, which contains habitat for the Coachella giant sand treader cricket, CV Jerusalem cricket, CV milkvetch, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. The area is an important sand transport area for the original Coachella Valley Fringe-Toed Lizard Preserve. The Property is also near other parcels already owned by CVCC. The offer in the purchase agreement is contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the Property, or, if clean-up is required that Seller will effect the clean-up; and (3) Sellers’ ability to provide CVCC a standard owner's policy of title insurance subject only to exceptions approved by CVCC. FISCAL ANALYSIS: Funding is available for the full purchase, $15,500 plus closing costs not to exceed $1,500.00 in CVCC’s Land Acquisition Fund. CONTRACT FINALIZATION: The Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as required to effect the acquisition of the Property. ATTACHMENTS: 1. Resolution 17-007 2. Map showing location of the parcel

Resolution No: 17-007

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION

AUTHORIZING ACQUISITION OF APN(S) 660-110-010, 660-110-034, and 660-110-035

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and

WHEREAS, APN(S) 660-110-010, 660-110-034, and 660-110-035, comprising approximately 3.75 acres, as further described in Exhibit A (the “Property”), is within the Willow Hole Conservation Area of the Plan, and was appraised by the Commission; and WHEREAS, the owner has accepted a contingent offer for the Commission to purchase the Property at the fair market value determined by an appraisal; and

WHEREAS, acquisition of the Property would advance the goals and objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the purchase of the Property using the Land Acquisition Fund at a purchase price of $15,500.00, plus closing costs estimated not to exceed $1,500.00; and FURTHER, the Commission hereby authorizes the Executive Director to negotiate and execute all necessary contracts and documents and take such other actions as necessary to effect the acquisition of the Property. The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 11th day of May, 2017. APPROVED: ___________________________ ___________________________ Michael Wilson Tom Kirk Chair Executive Director

Exhibit A

Description of Real Property to be acquired

The land referred to herein is situated in the State of California, County of Riverside, described as follows. 1.25 ACRES POR NW ¼ OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-110-010 1.25 ACRES POR NW ¼ OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-110-034 1.25 ACRES POR NW ¼ OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-110-035

^

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§̈¦10

PALM SPRINGS

PALM

VARNER

MOUNTAIN VIEW

CIRCLE B

21ST

20TH

660110034-035

660110010

CATHEDRAL CITY

DESERT HOT SPRINGS

Ü 0 0.5 10.25Miles

Proposed Acquisitions in the Willow Hole Conservation Area totaling 3.75 Acres

G:\ovizcarra\Maps for Presentations\color\CVCC May Maps\CVCC Willow Hole.mxd

CVMSHCP Conservation Areas

Legend

ParcelsStreets

Acquisitions Since 1996

Proposed Parcel Acquisitions

City BoundariesXYXY

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XY XY

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Disclaimer: Maps and data are to be used for referencepurposes only. Map features are approximate, and are notnecessarily accurate to surveying or engineeringstandards. CVAG and the County of Riverside make nowarranty or guarantee as to the content (the source is oftenthird party), accuracy, timeliness, orcompleteness of any of the data provided, and assumes nolegal responsibility for the information contained on thismap. Any use of this product with respect to accuracy andprecision shall be the sole responsibility of the user.

ITEM 7E

Staff Report Subject: Authorize Funds for Peninsular Bighorn Sheep Disease Study Contact: Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org) RECOMMENDATION: Authorize the Executive Director to: 1) Approve the expenditure of up to $26,750 in funds received through a Bureau of Reclamation

Grant for disease analysis. 2) Execute a contract for disease and health analysis of Peninsular bighorn sheep in the Santa

Rosa and San Jacinto Mountains with UC Davis for not to exceed $40,000. BACKGROUND: Staff is requesting that the CVCC authorize the Executive Director to use up to $26,750 in funds received from the Bureau of Reclamation for disease analysis of bighorn sheep populations. In September 2014, the CVCC accepted a grant from the Bureau of Reclamation (BOR) for $48,750 in funding for a study, Genetic and Health Profiles of Peninsular Bighorn Sheep in the Northern Peninsular Ranges, and authorized the CVCC Executive Director to sign all necessary documents to implement this project. The study was initiated in October 2014 with the collection of samples from bighorn sheep in the La Quinta area during an operation to place radiocollars on the sheep. Additional bighorn sheep were captured and samples collected in fall 2015. In April 2015 the CVCC authorized funds for the bighorn sheep genetic analysis component of the study, including $22,000 from the Bureau of Reclamation grant. Oregon State University is currently completing this genetic work and will provide a final report to CVCC upon completion. An agreement for the disease analysis component of the project has been a work in progress for more than a year. Due in part to delays in obtaining samples collected from bighorn sheep for analysis, the period for the Bureau of Reclamation grant was extended from September 30, 2016 to September 30, 2017. Staff has been working with the US Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife to develop a contract with UC Davis for this disease analysis. Dr. Christine Kreuder Johnson of the UC Davis Wildlife Health Center, School of Veterinary Medicine at UC Davis would be the principal investigator. Dr. Kreuder Johnson has expertise in wildlife epidemiology, with special emphasis on wildlife population health and emerging infectious diseases. This study is particularly relevant given the deaths of bighorn sheep lambs in the La Quinta area last spring from a respiratory pathogen that causes pneumonia. UC Davis has a long history of work on diseases of Peninsular bighorn sheep and stores a collection of Peninsular bighorn sheep tissue samples that will be used in the disease analysis. Dr. Johnson has a graduate student and a student volunteer who are available to work on this project during summer 2017. The minimum contract with UC Davis would be for $26,750, the funds remaining from the BOR grant. In discussions with UC Davis, they have provided a project prospectus (see Attachment 1, Objective 1) that would evaluate stored samples to develop pathogen exposure data and disease profiles for bighorn sheep herds. Samples include those from the northern Peninsular Ranges (i.e. San Jacinto and North, Central, and South Santa Rosa Mountains within the CVMSHCP); collected by various agencies and researchers in the past and stored at UC Davis.

The not to exceed amount of this contract would be $40,000, with CVCC providing an additional $13,250 to be added to the $26,750 from the BOR grant. The indirect costs for this contract may not exceed 25%. USFWS also plans to provide funding to this project including the work described in Attachment 1, Objective 2. The request is for the CVCC to authorize the Executive Director to execute a contract with UC Davis for not to exceed $40,000, including $26,750 from the BOR grant and $13,250 from CVCC funds. FISCAL ANALYSIS: The approved 2016/2017 budget for bighorn sheep includes $60,000 in CVCC funds in the Management and Monitoring Program fund. The additional funds in the amount of $13,250 requested over and above the grant funds of $26,750 would leave $46,750. ATTACHMENT:

1. UC Davis Wildlife Health Center Scope of Work and Project Prospectus

ATTACHMENT 1: SCOPE OF WORK

Peninsular Bighorn Sheep Disease Study

Project Prospectus California Department of Fish and Wildlife (CDFW)

University of California Davis Wildlife Health Center (UCD) United States Fish and Wildlife Service (USFWS)

Coachella Valley Conservation Commission (CVCC) Collaborators: Steve Torres (CDFW), Ben Gonzales (CDFW), Lora Konde (CDFW), Randy Botta (CDFW), Janene Colby (CDFW), Christine Kreuder Johnson (UCD), Jessica Sanchez (UCD), Katie Barrows (CVCC), Chris Gregory (USFWS) Study Purpose: Summarize existing data on pathogen exposure, and explore relationships between disease and population performance in Peninsular bighorn sheep (PBS) in the Santa Rosa and San Jacinto Mountains of Southern California. CVCC Funded Project: Objective 1: Estimate pathogen exposure prevalence by area and evaluate trends over time to establish baseline disease measures in Peninsular bighorn sheep Deadline for draft project report: October 1, 2017 Funding requirement: $40,000 1. Inventory pathogen exposure data for bighorn sheep for the entire Peninsular Range. 2. Summarize exposure data spatially and temporally, by herd unit and year (or group of herd

units and range of years, depending on sample sizes). 3. Assess patterns of co-infection with multiple pathogens within individual animals.

To be Funded at a later date (USFWS, others) Objective 2: Explore relationships between disease measures and population metrics in Peninsular bighorn sheep Deadline for draft project report: June 30, 2018 Funding requirement: $40,300 Utilize multiple data types (pathogen prevalence, herd demographics, individual survival and mortality data, and movement and survey data if available) for the following objectives: 1. Summarize individual animal condition data (weight, length, chest girth, etc.) by herd unit

over time. 2. Evaluate the relationship between pathogen exposure and animal body condition/survival

among herd units over time. Potential research questions, pending available data, include: a. Which pathogens (or groups of co-occurring pathogens) are associated with poor

animal condition, increased morbidity or mortality measures as available, and population performance?

b. Are there spatial and temporal variations in the associations that specific pathogens have on population metrics?

3. Identify particular herd units that are especially vulnerable to the risk of disease or have especially high burdens of disease.

4. Evaluate whether herds with ram exchange have similar pathogen prevalence and patterns of exposure compared to herds without ram exchange (if data are available).

Proposed Study Timeline: June 1, 2017- June 30, 2018

COACHELLA VALLEY CONSERVATION COMMISSION ITEM 8.1

UNAUDITED FINANCIAL STATEMENTS (AS AT MARCH 31, 2017)

BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL

ASSETS

Cash - County Treasurer 191,012$ 427,138$ 7,954,454$ 6,688,310$ 310,483$ 4,927,997$ 507,061$ -$ 21,006,455$

Cash - Union Bank - - - 65,904 - - - 42,035 107,939

Deposits - - 11,808 - - - - - 11,808

Due From Other Funds - - - - - - - - -

Fixed Assets - Land - - 56,915,494 - - - - - 56,915,494

Total Assets 191,012$ 427,138$ 64,881,756$ 6,754,214$ 310,483$ 4,927,997$ 507,061$ 42,035$ 78,041,696$

LIABILITIES

Due To Other Funds - - - - - - - - -

Total Liabilities -$ -$ -$ -$ -$ -$ -$ -$ -$

FUND BALANCE

Undesignated 191,012$ 427,138$ 7,966,262$ 6,754,214$ 310,483$ 4,927,997$ 507,061$ 42,035$ 21,126,202$

Investment In Fixed Assets - - 56,915,494 - - - - - 56,915,494

Total Fund Balances 191,012$ 427,138$ 64,881,756$ 6,754,214$ 310,483$ 4,927,997$ 507,061$ 42,035$ 78,041,696

TOTAL LIABILITIES AND FUND BALANCES 191,012$ 427,138$ 64,881,756$ 6,754,214$ 310,483$ 4,927,997$ 507,061$ 42,035$ 78,041,696$

REVENUES:

Development mitigation fees 227,862$ 156,626$ -$ -$ 1,112,503$ 764,703$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,340,365$ 921,329$

Agencies mitigation fees - - - - - 5,177,649 570,000 - - - - 1,439,740 - - - 33,741 570,000 6,651,130

Tipping fee - - 395,000 203,005 - - - - - - - - - - - - 395,000 203,005

Contributions - - - - - - - - - - - - - - - - - -

Grants 268,204 103,792 - - 1,500,000 - - - - - - - - - - - 1,768,204 103,792

Other Revenue - - - - - 3,053 - - - - - - - - - - - 3,053

Investment Income 1,200 1,099 1,000 827 13,500 13,265 24,000 20,769 1,200 964 12,000 11,892 2,000 1,575 7 5 54,907 50,396

Total Revenues 497,266$ 261,517$ 396,000$ 203,832$ 2,626,003$ 5,958,670$ 594,000$ 20,769$ 1,200$ 964$ 12,000$ 1,451,632$ 2,000$ 1,575$ 7$ 33,746$ 4,128,476$ 7,932,705$

EXPENDITURES:

Administrative Fees 2,279$ 1,566$ -$ -$ 11,125$ 7,647$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13,404$ 9,213$

Accounting / Bank Charges - - 3,000 2,429 - - - - - - - - - - 430 314 3,430 2,743

Comprehensive Insurance - - 10,308 10,308 - - - - - - - - - - - - 10,308 10,308

Payroll Taxes - - 885 424 - - - - - - - - - - - - 885 424

Per Diem Payments - - 10,200 3,675 - - - - - - - - - - - - 10,200 3,675

Office Supplies - - 3,000 714 - - - - - - - - - - - - 3,000 714

Printing - - 5,000 - - - - - - - - - - - - - 5,000 -

Land Improvements 1,000,000 110,063 - - 240,000 174,390 - - - - - - - - - - 1,240,000 284,453

Legal Services - - 50,000 26,466 - - - - - - - - - - - - 50,000 26,466

Professional Services 2,000 2,552 9,630 6,646 105,000 5,000 - - - - - - - - - - 116,630 14,198

Miscellaneous - 50,880 - - - - - - - - - - - - - - - 50,880

Consultants (Regular funds) 669,157 242,002 409,041 - 313,370 87,647 - - - - - - - - - 49,563 1,391,568 379,212

Consultants (Grants) 348,204 - - - - - - - - - - - - - - 348,204 -

Lizard fee refund - - - - - - - - - - - - - - - - - -

Land Acquisitions - - 3,500,000 1,872,736 - - - - - - - - - - 3,500,000 1,872,736

Furniture and Equipment - - 2,500 - - - - - - - - - - - - - 2,500 -

Sub-Total Expenditures 2,021,640$ 407,063$ 503,564$ 50,662$ 4,169,495$ 2,147,420$ -$ -$ -$ -$ -$ -$ -$ -$ 430$ 49,877$ 6,695,129$ 2,655,022$

OTHER

Operating Transfers Out -$ -$ -$ -$ -$ -$ 448,290$ -$ -$ -$ 1,000,000$ -$ -$ -$ -$ -$ 1,448,290$ -$

Operating Transfers In (1,448,290) - - - - - - - - - - - - - - - (1,448,290) -

Sub-Total Other (1,448,290)$ -$ -$ -$ -$ -$ 448,290$ -$ -$ -$ 1,000,000$ -$ -$ -$ -$ -$ -$ -$

Total Expenditures and Other 573,350$ 407,063$ 503,564$ 50,662$ 4,169,495$ 2,147,420$ 448,290$ -$ -$ -$ 1,000,000$ -$ -$ -$ 430$ 49,877$ 6,695,129$ 2,655,022$

NET EXCESS (DEFICIT) (76,084)$ (145,546)$ (107,564)$ 153,170$ (1,543,492)$ 3,811,250$ 145,710$ 20,769$ 1,200$ 964$ (988,000)$ 1,451,632$ 2,000$ 1,575$ (423)$ (16,131)$ (2,566,653)$ 5,277,683$

FUND BALANCE - BEGINNING 350,209$ 336,558$ 284,753$ 273,968$ 3,987,666$ 4,155,012$ 6,256,370$ 6,733,445$ 308,184$ 309,519$ 3,452,562$ 3,476,365$ 502,956$ 505,486$ -$ 58,166$ 15,142,700$ 15,848,519$

FUND BALANCE - ENDING 274,125$ 191,012$ 177,189$ 427,138$ 2,444,174$ 7,966,262$ 6,402,080$ 6,754,214$ 309,384$ 310,483$ 2,464,562$ 4,927,997$ 504,956$ 507,061$ (423)$ 42,035$ 12,576,047$ 21,126,202$

OVERALL TOTALTRAVERTINE POINT MONITOR IN-LIEU FEEMANAGEMENT CONTINGENCYMANAGEMENT & MONITORING GENERAL ADMINISTRATION LAND ACQUISITION ENDOWMENT LIZARD ENDOWMENT

ITEM 8.3COACHELLA VALLEY CONSERVATION COMMISSION

ATTENDANCE ROSTER

CALENDAR YEAR 2017

Jan. Feb. April May June Sept. Nov.

X X X

X1

X

DESERT HOT SPRINGS X X

X X X

X X X

X X

X X X

X X

X X X

X X

X X1

X X X

X

X1

X

X X X

X X

X = Member in attendance

X1 = Member arrived after Roll Call

= Member Absent

COACHELLA

LA QUINTA

PALM DESERT

RIVERSIDE COUNTY - 3rd Dist.

Jurisdictions/Permittees

CATHEDRAL CITY

MISSION SPRINGS WATER DISTRICT

PALM SPRINGS

RANCHO MIRAGE

INDIAN WELLS

COACHELLA VALLEY WATER DISTRICT

IMPERIAL IRRIGATION DISTRICT

INDIO

RIVERSIDE COUNTY - 5th Dist.

RIVERSIDE COUNTY - 4th Dist.

RIVERSIDE COUNTY - 2nd Dist.

RIVERSIDE COUNTY - 1st Dist.

5/3/2017