www.wrc-rca.org

The Western Riverside County Regional Conservation Authority was established in 2004 as a joint powers authority to administer the 2003 Western Riverside County Multiple Species Habitat Conservation Plan. Currently, the Authority consists of eighteen (18) cities and the county.

MEETING

Monday September 9, 2019 12:30 p.m. John F. Tavaglione County Administrative Center Annex Board Chambers, First Floor, 4080 Lemon Street, Riverside, CA 92501 ______

OFFICERS Jonathan Ingram, Chairperson Natasha Johnson, Vice-Chairperson City of Murrieta City of Lake Elsinore BOARD MEMBERS

Daniela Andrade City of Banning David Starr Rabb City of Perris Julio Martinez City of Beaumont Andy Melendrez City of Riverside Ed Clark City of Calimesa Crystal Ruiz City of San Jacinto Larry Greene City of Canyon Lake James Stewart

City of Temecula Jacque Casillas City of Corona Joseph Morabito

City of Wildomar Jocelyn Yow City of Eastvale Kevin Jeffries County of Riverside, District 1 Michael Perciful City of Hemet Karen Spiegel Lorena Barajas County of Riverside, District 2 City of Jurupa Valley Chuck Washington Lesa Sobek County of Riverside, District 3 City of Menifee V. Manuel Perez David Marquez County of Riverside, District 4 City of Moreno Valley Jeff Hewitt Kevin Bash County of Riverside, District 5 City of Norco Charles Landry, Executive Director

www.wrc-rca.org

MEETING AGENDA*

*Actions may be taken on any item listed on the agenda. Non-exempt materials related to an item on this agenda submitted to the RCA Board after distribution of the agenda packet are available for public inspection at the RCA Offices, 3403 Tenth Street, Suite 320, Riverside, California, during normal business hours. Such documents are also available on the Western Riverside County Regional Conservation Authority website at www.wrc-rca.org subject to staff’s ability to post the documents before the meeting. Alternative formats are available upon request by contacting the Clerk of the Board at (951) 955-9700. Notification of at least 72 hours prior to meeting time will assist staff in accommodating such requests.

Monday, September 9, 2019 12:30 p.m. John F. Tavaglione County Administrative Center Annex First Floor – Board Chambers 4080 Lemon Street Riverside, CA 92501

In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Board meeting, please contact the Clerk of the Board at (951) 955-9700. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. PUBLIC COMMENT

At this time members of the public can address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Each individual speaker is limited to speak three (3) continuous minutes or less. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a “Request to Speak” form from the Clerk of the Board. The completed form is to be submitted to the Clerk of the Board prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. Any written documents to be distributed or presented to the RCA Board of Directors shall be submitted to the Clerk of the Board.

5. BOARD MEMBER ANNOUNCEMENTS (This item provides the opportunity for the Board Members to report on attended meetings/conferences and any other items related to RCA activities.)

RCA BOARD OF DIRECTORS AGENDA Page 2 of 5 September 9, 2019

6. ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.)

7. APPROVAL OF MINUTES — June 3, 2019

8. CONSENT CALENDAR (All matters listed under the Consent Calendar will be approved in a single motion unless a Board Member requests separate action on specific Consent Calendar item. The item will be pulled from the Consent Calendar and placed for discussion.)

8.1 WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS FOR MAY, JUNE AND JULY, 2019

Overview - STAFF REPORT

This item is for the RCA Board of Directors to receive and file the Western Riverside County MSHCP Fee Collection Reports for May, June and July 2019.

8.2 FISCAL YEAR 2019 PRELIMINARY FOURTH QUARTER FINANCIAL REPORT (UNAUDITED)

Overview - STAFF REPORT

This item is for the RCA Board of Directors to receive and file the Fiscal Year 2019 Preliminary Fourth Quarter Financial Report.

8.3 FISCAL YEAR 2019 FOURTH QUARTER CONSULTANT REPORTS

Overview - STAFF REPORT

This item is for the RCA Board of Directors to receive and file the Fiscal Year 2019 Fourth Quarter Consultant Reports.

8.4 RESOLUTION NO. 2019-009, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR THE JURUPA MOUNTAIN GRANT FOR ACQUISITION OF REAL PROPERTY

Overview - STAFF REPORT

This item is for the RCA Board of Directors to adopt Resolution No. 2019-009, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for the Jurupa Mountain Grant for Acquisition of Real Property. RCA BOARD OF DIRECTORS AGENDA Page 3 of 5 September 9, 2019

8.5 RESOLUTION NO. 2019-010, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Overview - STAFF REPORT

This item is for the RCA Board of Directors to adopt Resolution No. 2019-010, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

8.6 RESOLUTION NO. 2019-011, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Overview - STAFF REPORT

This item is for the RCA Board of Directors to adopt Resolution No. 2019-011, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

8.7 RESOLUTION NO. 2019-012, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Overview - STAFF REPORT

This item is for the RCA Board of Directors to adopt Resolution No. 2019-012, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

RCA BOARD OF DIRECTORS AGENDA Page 4 of 5 September 9, 2019

8.8 RESPONSE TO THE 2018-2019 GRAND JURY REPORT:

Overview - STAFF REPORT

This item is for the RCA Board of Directors:

1) Approve the attached response to the 2018-2019 Grand Jury Report: Western Riverside County Regional Conservation Authority; and

2) Direct the Clerk of the Board to forward the final response to the Riverside County Grand Jury, the Presiding Judge of the Superior Court of California – County of Riverside, and the County Clerk-Recorder.

9. RESOLUTION NO. 2019-008, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AMENDING AND ADOPTING THE TICKET DISTRIBUTION POLICY TO CONFORM WITH SECTION 18944.1 OF TITLE 2, CALIFORNIA CODE OF REGULATIONS

Overview - STAFF REPORT

This item is for the RCA Board of Directors to adopt Resolution No. 2019-008, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Amending and Adopting the Ticket Distribution Policy to Conform with Section 18944.1 of Title 2, California Code of Regulations.

10. LAND ACQUISITION UPDATE

11. ITEMS FOR NEXT MEETING

Board Members are invited to suggest additional items to be brought forward for future discussion.

12. CLOSED SESSION

12.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Agency Negotiator: RCA – Executive Director or Designee Under Negotiation: Price/Terms

Item Assessor Parcel No(s). Negotiating Party(ies)/Agent 1 964-130-004 Albert Anton Hernandez, Evelyn Hernandez Diaz RCA BOARD OF DIRECTORS AGENDA Page 5 of 5 September 9, 2019

2 932-220-033 Sally S. Yeh 3 932-160-024 The Nature Conservancy (TNC Anderson)

12.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9

Number of Cases: 1

13. ADJOURNMENT

The next meeting of the Western Riverside County Regional Conservation Authority Board of Directors is scheduled for Monday, October 7, 2019, at 12:30 p.m., at the John F. Tavaglione County Administrative Center Annex, Board Chambers, 4080 Lemon Street, Riverside, California.

ACRONYMS

AGENDA ITEM NO. 7

MINUTES

June 3, 2019

www.wrc-rca.org MEETING MINUTES ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

1. CALL TO ORDER The meeting of the Western Riverside County Regional Conservation Authority was called to order by Chairman Ingram at 12:31 p.m., Monday, June 3, 2019, in the Board Room of the Riverside County Administrative Center, 4080 Lemon Street, Riverside, California, 92501.

2. PLEDGE OF ALLEGIANCE

Board Member Johnson led the RCA Board Members and meeting attendees in a flag salute.

3. ROLL CALL

Member Agency Board Member Name Status *City of Banning Daniela Andrade Present City of Beaumont Mike Lara, Alternate Present City of Calimesa Ed Clark Present City of Canyon Lake Jeremy Smith, Alternate Present City of Corona Wes Speake, Alternate Present City of Eastvale Jocelyn Yow Absent City of Hemet Michael Perciful Present *City of Jurupa Valley Lorena Barajas Present City of Lake Elsinore Natasha Johnson Present City of Menifee Lesa Sobek Present City of Moreno Valley David Marquez Present City of Murrieta Jonathan Ingram, Chairman Present City of Norco Kevin Bash Present City of Perris David Starr Rabb Present City of Riverside Andy Melendrez Present City of San Jacinto Crystal Ruiz Present City of Temecula James Stewart Absent City of Wildomar Joseph Morabito Present County District 1 Kevin Jeffries Absent County District 2 Micheal Goodland, Alternate Present County District 3 Chuck Washington Present County District 4 V. Manuel Perez Absent County District 5 Jeff Hewitt Present *Arrived after roll call was taken.

4. PUBLIC COMMENT

There were no public comments.

Western Riverside County Regional Conservation Authority Page 1 Regular Meeting Minutes June 3, 2019

5. BOARD MEMBER ANNOUNCEMENTS (This item provides the opportunity for the Board Members to report on attended meetings/conferences and any other items related to RCA activities.)

There were no Board Member announcements.

6. ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.)

There were no additions or revisions.

7. APPROVAL OF MINUTES — May 6, 2019, meeting of the RCA Board of Directors.

RESULT: APPROVED AS RECOMMENDED [13 TO 0] MOVER: City of Perris SECONDER: City of Wildomar AYES: Beaumont, Calimesa, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Wildomar, County District 3, County District 5 ABSTAIN: City of Canyon Lake, City of Corona, City of Hemet, County District 2 ABSENT: City of Banning, City of Eastvale, City of Jurupa Valley, City of Temecula, County District 1, County District 4

8. CONSENT CALENDAR (All matters listed under the Consent Calendar will be approved in a single motion unless a Board Member requests separate action on specific Consent Calendar item. The item will be pulled from the Consent Calendar and placed for discussion.)

RESULT: APPROVED AS RECOMMENDED [16 TO 0] MOVER: City of Wildomar SECONDER: City of Perris AYES: Beaumont, Calimesa, Corona, Hemet, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Wildomar, County District 2, County District 3, County District 5 ABSTAIN: City of Canyon Lake ABSENT: Banning, Eastvale, Jurupa Valley, Temecula, County District 1, County District 4

Representatives from the City of Banning and City of Jurupa Valley arrived after the vote on this Item.

Western Riverside County Regional Conservation Authority Page 2 Regular Meeting Minutes June 3, 2019

8.1 WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORT FOR APRIL 2019

Overview

This item is for the RCA Board of Directors to receive and file the Western Riverside County MSHCP Fee Collection Report for April 2019.

8.2 FISCAL YEAR 2019 THIRD QUARTER FINANCIAL REPORT AND RESOLUTION NO. 2019-007, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY APPROVING THE COMMITMENT OF TIPPING FEES TO THE ENDOWMENT FUND FOR FISCAL YEAR 2019

Overview

This item is for the RCA Board of Directors to:

1) Receive and file the Fiscal Year 2019 Third Quarter Financial Report; and

2) Adopt Resolution No. 2019-007, Resolution of the Western Riverside County Regional Conservation Authority approving the commitment of Tipping Fees to the Endowment Fund for Fiscal Year 2019.

8.3 FISCAL YEAR 2019 THIRD QUARTER CONSULTANT REPORTS

Overview

This item is for the RCA Board of Directors to receive and file the Fiscal Year 2019 Third Quarter Consultant Reports.

8.4 RESOLUTION NO. 2019-006, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Overview

This item is for the RCA Board of Directors to approve Resolution No. 2019-006, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

Western Riverside County Regional Conservation Authority Page 3 Regular Meeting Minutes June 3, 2019

9. BIOLOGICAL MONITORING PROGRAM WORK PLAN AND COST ESTIMATE FOR FISCAL YEAR 2020

RESULT: APPROVED AS RECOMMENDED [UNANIMOUS] MOVER: City of Wildomar SECONDER: City of Lake Elsinore AYES: Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Wildomar, County District 2, County District 3, County District 5 ABSENT: Eastvale, Temecula, County District 1, County District 4

Tricia Campbell, Director of Reserve Management & Monitoring, presented the Biological Monitoring Program Work Plan and Cost Estimate for Fiscal Year 2020. She stated that the MSHCP requires that Monitoring Program Administrator submit an annual Work Plan and Cost Estimate for implementation of the Monitoring Program. The work plan describes the monitoring activities planned, schedule of fieldwork, and the estimate of cost for personnel and operations. The work plan is to be approved by the RCA Board and becomes part of the annual RCA budget. She explained that one of the key components of the MSHCP is the Biological Monitoring Program, which collects data on the MSHCP’s 146 Covered Species and their associated habitats. She explained that monitoring results are used to assess the MSHCP’s effectiveness at meeting conservation objectives and to provide information to the management team. She described the different species surveys that are planned for Fiscal Year 2020. The estimated cost for biological monitoring services for a not to exceed amount of $1,266,720 was included in the Fiscal Year 2020 budget adopted by the Board on May 6, 2019. She further stated that for Fiscal Year 2020, the Santa Ana Watershed Association (SAWA) proposes to provide staff and all direct expenses for the program, including supplies, field equipment, computers, computer support, and building rent. She further stated that this is a rate increase of $41,720 from Fiscal Year 2019. The MSHCP estimated the Biological Monitoring budget in Year 10 would be $1.4 million.

Board Member Speake asked whether additional species, beyond those specifically called out for Fiscal Year 2020 species surveys, would be monitored or trapped in Core Areas.

Tricia Campbell, stated that when possible other species will be included. She further stated that the main focus on trapping is for the particular species in the Core Area with the type of trap used dictated by the species. However, captures and detection of other species can occur during the focused survey/trapping efforts and would be logged.

Board Member Bash commended RCA staff for all the work they do with the amount of funding they receive.

Overview

This item is for the RCA Board of Directors to approve the Biological Monitoring Program Work Plan and Cost Estimate for Fiscal Year 2020.

Western Riverside County Regional Conservation Authority Page 4 Regular Meeting Minutes June 3, 2019

10. CLINTON KEITH ROAD OVERCROSSING BIOLOGICAL MONITORING REIMBURSABLE WORK PLAN AND COST ESTIMATE FOR FISCAL YEAR 2020

RESULT: APPROVED AS RECOMMENDED [UNANIMOUS] MOVER: City of San Jacinto SECONDER: County District 2 AYES: Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Wildomar, County District 2, County District 3, County District 5 ABSENT: City of Eastvale, City of Temecula, County District 1, County District 4

Tricia Campbell, Director of Reserve Management & Monitoring, presented the Clinton Keith Road Overcrossing Biological Monitoring Reimbursable Work Plan and Cost Estimate for Fiscal Year 2020. She stated that the Riverside County Transportation Department (RCTD) agreed to perform mitigation monitoring at the wildlife overcrossing facility for five years. The monitoring work will occur through the RCA Biological Monitoring Program, with all work reimbursed to the RCA through the use of banked RCTD fee credits. She further stated that the monitoring crew will survey for the Quino checkerspot butterfly and monitor the usage of the overcrossing by other wildlife species. All results from the monitoring work will be provided in the MSHCP annual report.

Board Member Melendez asked where the wildlife crossing is located.

Chairman Ingram stated that the wildlife overcrossing is located at Interstate 215 between French Valley and State Route 79 and dead center to Clinton Keith Road.

Tricia Campbell said that she will follow up with an email on the location and include pictures of the wildlife overcrossing.

Overview

This item is for the RCA Board of Directors to approve the Clinton Keith Road Overcrossing Biological Monitoring Program Work Plan and Cost Estimate for Fiscal Year 2020.

11. DASHBOARD PRESENTATION

Emily Lee, GIS/IT Database Manager, gave a presentation on the new Dashboard for the RCA website. She stated that the Dashboard gives the most updated acreage information regarding Reserve Assembly and explained the map layout. She stated that the light green section on the map depicts the “Public/Quasi-Public Lands (PQP),” which are lands that were conserved before the adoption of the MSHCP. The dark green section on the map depicts the “Additional Reserve Lands (ARL),” which are the current RCA Reserve Lands. She further stated that the “Total Conserved Lands To Date” section on the map includes the total combined PQP and ARL acreage.

Chairman Ingram asked Emily Lee to explain the meaning of PQP.

Emily Lee explained that Public/Quasi-Public (PQP) lands are already conserved lands.

Western Riverside County Regional Conservation Authority Page 5 Regular Meeting Minutes June 3, 2019

Charles Landry, Executive Director, stated that PQP lands were already conserved lands prior to the adoption of the MSHCP. These lands include the National Forests, Metropolitan Water District land for mitigation, and some other wildlife areas.

Charles Landry gave a Land Acquisition update during the Dashboard presentation. He stated that escrow closed on three additional properties totaling approximately 98 acres, bringing the reserve total to approximately 61,380 acres.

12. EXECUTIVE DIRECTOR’S REPORT

12.1 Refuge Update

Charles Laundry, Executive Director, reported that on May 23, 2019, Congressman Calvert introduced the National Wildlife Refuge Bill (H.R. 2956). The proposed bill will be used in conjunction with the MSHCP to provide additional funding to help achieve the federal and state commitment for one-third of the Reserve. The bill will also assist in providing more funding beyond Section 6. He further reported that Senator Feinstein is expected to bring companion legislation to the Senate.

Chairman Ingram thanked everyone involved in assisting with the National Wildlife Refuge Bill.

13. FEATURED SPECIES OF THE MONTH

Elizabeth “Betsy” Dionne, Ecological Resources Specialist, stated that the featured species for the month of June is the Northern Red Diamond Rattlesnake (Crotalus ruber ruber). She then gave an overview of the rattlesnake’s characteristics, life history, migration, and how RCA manages for the species.

After her presentation, Betsy Dionne invited and responded to questions from the Board Members.

14. ITEMS FOR NEXT MEETING

No future agenda items were suggested.

15. CLOSED SESSION

15.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCA – Executive Director or Designee Under Negotiation: Price/Terms

Item Assessor Parcel No(s). Property Owner(s) / Agent(s) 1 470-100-007 Sharon Lee Butcher/ Phil McElhinney

2 932-190-017 Akbar Soltan Rahmati, Zahra Farzamigohar, Amir Manzur, Roshanak Soltan Rahmati (Rahmati #1)/ Reza James 3 932-190-018 Akbar Soltan Rahmati, Zahra Farzamigohar (Rahmati #2)/ Reza James

Western Riverside County Regional Conservation Authority Page 6 Regular Meeting Minutes June 3, 2019

4 Portion of 547-170-002 Roy Wilder, Sandra Wilder

5 940-300-010, 940-300-013, Escarpment Investors Six, LLC, 940-300-017, 940-300-018, Thomas Bobowski, Joseph 940-300-027 and 940-300-028 Williams/Robert & William Tyler

6 Portion of 900-020-010 Charles M. Bales, Joni A. Simonsen Bales

After Closed Session, the meeting was reconvened. Steve DeBaun, General Counsel, announced the following:

Concerning Agenda Item No. 15.1.1 – APN 470-100-007, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 8.23 acres of real property from Sharon Lee Butcher for $47,000.

Concerning Agenda Item No. 15.1.2 – APN 932-190-017, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 19.89 acres of real property from Akbar Soltan Rahmati, Zahra Farzamigohar, Amir Manzur and Roshanak Soltan Rahmati (Rahmati #1) for $190,000.

Concerning Agenda Item No. 15.1.3 – APN 932-190-018, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 23.36 acres of real property from Akbar Soltan Rahmati and Zahra Farzamigohar (Rahmati #2) for $200,000.

Concerning Agenda Item No. 15.1.4 – Portion of APN 547-170-002, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 10.53 acres of real property from Roy Wilder and Sandra Wilder for $315,900.

Concerning Agenda Item No. 15.1.5 – APNs 940-300-010, 940-300-013, 940-300-017, 940-300- 018, 940-300-027 and 940-300-028, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 119.73 acres of real property from Escarpment Investors Six, LLC, Thomas Bobowski and Joseph Williams for $3,000,790.

Concerning Agenda Item No. 15.1.6 – Portion of APN 900-020-010, the Board of Directors approved a Purchase and Sale Agreement to purchase approximately 2 acres of real property from Charles M. Bales and Joni A. Simonsen Bales for $56,000.

Western Riverside County Regional Conservation Authority Page 7 Regular Meeting Minutes June 3, 2019

16. ADJOURNMENT

There being no other items before the RCA Board, Chairman Ingram adjourned the meeting at 1:32 p.m. The next meeting of the Western Riverside County Regional Conservation Authority Board of Directors is scheduled for Monday, July 1, 2019, at 12:30 p.m., at the County of Riverside Administrative Center, Board Room, 4080 Lemon Street, Riverside, California.

Prepared by: April Boydd Administrative Manager

Respectfully submitted:

Honey Bernas Deputy Executive Director

Western Riverside County Regional Conservation Authority Page 8

AGENDA ITEM NO. 8.1

WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS FOR MAY, JUNE, AND JULY 2019

STAFF REPORT September 9, 2019 Agenda Item No. 8.1

Regional Conservation Authority

WESTERN RIVERSIDE COUNTY MSHCP FEE COLLECTION REPORTS

Staff Contact: Honey Bernas Deputy Executive Director (951) 955-9700

Background:

The RCA Executive Committee directed staff to report on Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee (LDMF) Collection and Civic/Infrastructure Contribution on a monthly basis.

Attached are the reports for May, June, and July 2019. The reports were prepared on a cash basis and, therefore, reflect the cash received by RCA during that month.

Executive Committee and Staff Recommendation:

That the RCA Board of Directors receive and file the Western Riverside County MSHCP Fee Collection Reports for May, June, and July 2019.

Attachments

1) Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for May 2019

2) Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for June 2019

3) Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for July 2019

AGENDA ITEM NO. 8.1 Attachment 1

Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for May 2019

WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR MAY 2019 CASH BASIS

LOCAL DEVELOPMENT MITIGATION FEE COLLECTIONS EXEMPTIONS & FEE REMITTED CREDITS Commercial/ Residential Industrial Amount Residential City/County Month Permits Acres Remitted Permits Amount City of Banning April-No Activity City of Beaumont April 57 $119,928 City of Calimesa April 13 $27,352 City of Canyon Lake April-No Activity City of Corona April 14 6.3 $64,241 City of Eastvale April 66 $95,715 City of Hemet April 10 $21,040 Correction 95.0 $626,715 City of Jurupa Valley April-No Activity City of Lake Elsinore April-No Activity Summerly Project1 23 $48,392 City of Menifee April 40 $84,160 City of Moreno Valley April 15 1.0 $38,724 City of Murrieta April-No Activity City of Norco April-No Activity City of Perris April 3 8.6 $68,137 City of Riverside April in July City of San Jacinto April 6 $12,624 City of Temecula April 7 $14,728 City of Wildomar April 3 $6,312 County of Riverside May 115 1.0 $252,567 Starfield Sycamore Investors2 33 $63,954

Total LDMF Collections 349 112.0 $1,432,243 56 $112,346

CIVIC AND INFRASTRUCTURE CONTRIBUTIONS City of Hemet Acacia and Sanderson widening $17,653 Riverside County Flood Moreno Valley Cottonwood Basin Project $3,000 Control and Water Total Civic/Infrastructure Contributions $20,653 TOTAL MAY 2019 $1,452,896

1) Summerly Project - Development agreement dated 8/24/04. Expiration date 9/23/14. Settlement Agreement with RCA per MOA dated 11/6/17.

2) Starfield Sycamore Investors - Fee Credit Agreement with County of Riverside. Properly exempted at $1,938 rate.

AGENDA ITEM NO. 8.1 Attachment 2

Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for June 2019

WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR JUNE 2019 CASH BASIS

LOCAL DEVELOPMENT MITIGATION FEE COLLECTIONS EXEMPTIONS & FEE REMITTED CREDITS Commercial/ Residential Industrial Amount Residential City/County Month Permits Acres Remitted Permits Amount City of Banning May-No Activity City of Beaumont May 46 8.27 $156,030 City of Calimesa May 32 0.9 $73,876 City of Canyon Lake May 1 $2,104 City of Corona May 53 $67,845 City of Eastvale May 34 $60,181 City of Hemet May-No Activity City of Jurupa Valley May 13 53.6 $398,344 City of Lake Elsinore May 9 $18,936 City of Menifee May 54 $113,616 City of Moreno Valley May 26 7.7 $109,509 City of Murrieta May received in June City of Norco May-No Activity City of Perris May 23 46.8 $383,667 City of Riverside April 13 $21,442 City of San Jacinto May 7 $14,728 City of Temecula May 8 $16,832 City of Wildomar May 1 $2,104 County of Riverside June 79 4.1 $554,420 Starfield Sycamore Investors* 34 $65,892

Total LDMF Collections 399 121.4 $1,993,634 34 $65,892

CIVIC AND INFRASTRUCTURE CONTRIBUTIONS No Activity Total Civic/Infrastructure Contributions $0

TOTAL JUNE 2019 $1,993,634

* Starfield Sycamore Investors - Fee Credit Agreement with County of Riverside. Properly exempted at $1,938 rate.

AGENDA ITEM NO. 8.1 Attachment 3

Western Riverside County MSHCP LDMF Collection and Civic/Infrastructure Contribution Report for July 2019

WESTERN RIVERSIDE COUNTY MSHCP LDMF COLLECTION AND CIVIC/INFRASTRUCTURE CONTRIBUTION REPORT FOR JULY 2019 CASH BASIS

LOCAL DEVELOPMENT MITIGATION FEE COLLECTIONS EXEMPTIONS & FEE REMITTED CREDITS Commercial/ Residential Industrial Amount Residential City/County Month Permits Acres Remitted Permits Amount City of Banning June 0.005 $33 City of Beaumont June 95 $199,880 City of Calimesa June 12 17.9 $153,269 City of Canyon Lake June 3 $6,312 City of Corona June 332 $376,344 City of Eastvale June 22 $35,690 City of Hemet June 6 $12,624 City of Jurupa Valley June 27 $56,808 City of Lake Elsinore June 1 0.9 $8,480 Summerly Project* 32 $67,328 City of Menifee June 99 $208,296 City of Moreno Valley June 27 $56,808 City of Murrieta May 1 24.9 $180,488 June 2 $4,208 City of Norco June-Pending City of Perris June 6 8.2 $71,369 City of Riverside May 14 $28,446 June 33 $57,930 City of San Jacinto June 16 $33,664 City of Temecula June 3 $6,312 City of Wildomar June 3 $6,312 County of Riverside July 79 0.02 $171,356

Total LDMF Collections 781 51.9 $1,674,628 32 $67,328

CIVIC AND INFRASTRUCTURE CONTRIBUTIONS City of Temecula Library Parking Lot Phase II $17,337 Total Civic/Infrastructure Contributions $17,337

TOTAL JULY 2019 $1,691,965

* Summerly Project - Development agreement dated 8/24/04. Expiration date 9/23/14. Settlement Agreement with RCA per MOA dated 11/6/17.

AGENDA ITEM NO. 8.2

FISCAL YEAR 2019 PRELIMINARY FOURTH QUARTER FINANCIAL REPORT (UNAUDITED)

STAFF REPORT September 9, 2019 Agenda Item No. 8.2

Regional Conservation Authority

FISCAL YEAR 2019 PRELIMINARY FOURTH QUARTER FINANCIAL REPORT (UNAUDITED)

Staff Contact: Honey Bernas, Deputy Executive Director (951) 955-2842

Background:

Attached is the Fiscal Year 2019 Preliminary Fourth Quarter Financial Report, which includes an Executive Summary (cash balance and financial statement overview), detailed financial statements, and an MSHCP Fee Collections Report.

During the year, the Reginal Conservation Authority (RCA) acquired 26 properties totaling approximately 1,767 acres. One of the properties acquired was the final phase of the Anheuser Busch (AB) property. The AB property encompasses almost 1,000 acres of conserved land which was acquired in multiple phases starting in January 2012 and concluding in December 2018. The final phase of 73 acres was acquired one year ahead of schedule, which generated about $2.7 million in savings to the RCA. The acquisition of the AB property was crucial to the RCA. The area provides thriving habitat for Bell’s sage sparrow, California horned lark, coastal California gnatcatcher, grasshopper sparrow, Quino checkerspot butterfly, Los Angeles pocket mouse, and bobcats.

Staff worked diligently with the California Wildlife Conservation Board (WCB) and U.S. Fish and Wildlife Service (USFWS) to obtain approval from the agencies to spend $2 million in 2016 Section 6 federal funds and $1.1 million in state funds toward the purchase of the 58.3-acre Chappell Property, which is located in the Core 2 area in close proximity to the AB property. In addition, staff is currently negotiating various land acquisitions which are eligible for the 2017 Section 6 federal funds of $2 million that were awarded to the RCA in June 2018. Upon reaching 0an agreement with the property owners, staff will pursue approval from WCB and USFWS to acquire those lands with grant funds.

During the year, the RCA also received various funds for land acquisition from partner agencies. The Riverside County Transpiration Commission (RCTC) contributed $3.0 million in Measure A funds for one land acquisition. RCTC also donated two conservation properties to the RCA with a combined acreage of 102 acres and a value of about $3.4 million. In addition, as a result of a settlement between RCTC and a third party, RCTC contributed $5.3 million to RCA for the acquisition of habitat within specific designated areas. Land eligible to be acquired with those funds had not been acquired by RCA as of June 30, 2019. Accordingly, those funds are being deferred until the acquisition requirement has been met. Staff is currently working with potential sellers to acquire land qualified under this settlement. The Western Riverside Council of Governments (WRCOG) contributed $1.3 million in Transportation Uniform Mitigation Fees Agenda Item No. 8.2 Staff Report Page 2 September 9, 2019

(TUMF) funds which supported the acquisition of three properties during the year. In addition, the Rivers and Lands Conservancy contributed $293 thousand for one land purchase.

Developer mitigation fees for the year totaled $17.8 million, which exceeded the budgeted revenues of $16.7 million by $1.1 million. This represents a 21% increase over prior year’s $14.7 million in mitigation fees. Member Agencies collected and remitted fees to RCA for about 839 acres of new commercial/industrial development and about 6,386 new residential units for the year, for a total of $5.9 million and $11.8 million, respectively.

Fund Balance

Overall, the RCA reports a combined excess of expenditures over revenues of $3.8 million for Fiscal Year 2019.

The attached financial statements report a decrease in the Capital project fund of $5.6 million. The draw on fund balance is directly attributable to the early acquisition of the final phase of AB property in the current year. As of June 30, 2019, fund balance in the Capital Project Fund is estimated at $11.9 million and is restricted for land acquisition related costs.

Savings in the Operations and Land Management and Monitoring Programs of $372 thousand and $1.3 million, respectively, increased fund balance in the General Fund by $1.7 million. The fund balance in the General Fund is estimated at $25.5 million as of June 30, 2019. Of this amount, $79 thousand is restricted for burrowing owl related costs, whereas $25.4 million is unrestricted, which means the RCA can use toward any of its programs.

Final Fiscal Year 2019 audited financial statements will be presented to the RCA Board at a later date.

Executive Committee and Staff Recommendation:

That the RCA Board of Directors receive and file the Fiscal Year 2019 Preliminary Fourth Quarter Financial Report.

Attachments:

1) Executive Summary (Cash Balance Summary and Financial Statement Overview) 2) Detailed Financial Statements 3) MSHCP Fee Collections Report

AGENDA ITEM NO. 8.2 Attachment 1

Executive Summary (Cash Balance Summary and Financial Statement Overview) EXECUTIVE SUMMARY

Fiscal Year 2019 Preliminary Fourth Quarter Financial Report (Unaudited) July 1, 2018 – June 30, 2019

Preserving our open space heritage • Protecting our economy • Building our future Cash Balance Summary July 1, 2018 – June 30, 2019

Balance as of 7-1-18 $ 41,330,303

Cash Receipts 7-1-18 through 6-30-19 38,441,321

Cash Available 79,771,624

Cash Disbursements 7-1-18 through 6-30-19 (37,628,397)

Cash Balance as of 6-30-19 $ 42,143,227 Budget to Actual and FYE Projections July 1, 2018 – June 30, 2019

Operations (935100) Budget Actual Variance Revenue $ 480,085 $ 716,606 $ 236,521 Appropriations:

Salaries & Benefits 143,275 139,932 3,343

Supplies & Services 336,810 204,663 132,147

Total Appropriations $ 480,085 $ 344,595 $ 135,490

Net Operating Position $ 0 $ 372,011 $ 372,011 Budget to Actual and FYE Projections July 1, 2018 –June 30, 2019 Land Management & Monitoring (935300) Budget Actual Variance

Revenue $ 3,440,820 $ 4,342,014 $ 901,194

Appropriations:

Salaries & Benefits 710,335 674,934 35,401

Supplies and Services 2,649,685 2,240,999 408,686

Other Charges 65,000 55,696 9,304

Capital Assets 15,800 15,551 249

Total Appropriations $ 3,440,820 $ 2,987,180 $ 453,640

Net Operating Position $ 0 $ 1,354,834 $ 1,354,834 Budget to Actual and FYE Projections July 1, 2018 – June 30, 2019

Adjusted Land Acquisition (935201) Budget Actual Variance Revenue $ 32,897,098 $ 32,630,717 $ (266,381) Appropriations:

Salaries & Benefits 1,746,840 1,715,980 30,860

Supplies & Services 1,849,125 1,482,295 366,830 Principal / Interest Notes 1,083,000 1,075,033 7,967 Capital Assets 36,718,133 33,925,379 2,792,754 Total Appropriations $ 41,397,098 $ 38,198,687 $ 3,198,411 Net Operating Position $ (8,500,000) $ (5,567,970) $ 2,932,030 Executive Committee and Staff Recommendation:

That the RCA Board of Directors receive and file the Fiscal Year 2019 Preliminary Fourth Quarter Financial Report (Unaudited).

AGENDA ITEM NO. 8.2 Attachment 2

Detailed Financial Statements Regional Conservation Authority Preliminary Budget vs. Actual Comparison as of June 30, 2019 (Unaudited) General Fund - 935100 Operations Adjusted % of Actual Note Variance with REVENUES Budget Actual to Budget No. Budget 722002 Participating Special Entities$ 73,685 $ 88,320 120% 1$ 14,635 740020 Interest-Invested Funds 116,100 242,234 209% 2 126,134 740040 Interest-Other - 1,515 N/A 1,515 769240 Other Gov MSHCP Infrastructure 65,300 138,190 212% 6 72,890 769260 Other Gov MSHCP Civic Projects 25,000 37,038 148% 7 12,038 771410 Flood Control District 100,000 100,000 100% 8- 777860 Joint Project Review 100,000 109,309 109% 9,309 Total Revenues$ 480,085 $ 716,606 149%$ 236,521 EXPENDITURES 510040 Regular Salaries$ 96,665 $ 94,902 98% 1,763 510200 Payoff Permanent-Seasonal 4,340 4,335 100% 5 510440 Annual Leave Buydown 2,440 2,354 96% 86 515200 Retiree Health Insurance 240 196 82% 44 518100 Budgeted Benefits 39,590 38,145 96% 1,445 Subtotal Salaries and Benefits 143,275 139,932 98% 3,343 520200 Communications 75 70 93% 5 520270 County Delivery Services 40 - 0% 40 520320 Telephone Service 45 8 18% 37 520940 Insurance-Other 1,370 1,355 99% 13 15 521360 Maint-Computer Equipment 1,260 1,200 95% 60 521540 Maint-Office Equipment 225 135 60% 90 521640 Maint-Software 355 313 88% 42 523100 Memberships 370 282 76% 88 523230 Miscellaneous Expense 2,345 969 41% 1,376 523620 Books/Publications 15 - 0% 15 523640 Computer Equip-Non Fixed Asset 315 80 25% 235 523660 Computer Supplies 60 - 0% 60 523680 Office Equip Non Fixed Assets 60 - 0% 60 523700 Office Supplies 300 106 35% 194 523760 Postage-Mailing 200 112 56% 88 523800 Printing/Binding 120 130 108% (10) 523840 Computer Equipment-Software 180 58 32% 122 524560 Auditing and Accounting 11,185 6,773 61% 14 4,412 524900 GIS Services 330 300 91% 15 30 525020 Legal Services 90,000 21,581 24% 16 68,419 525140 Personnel Services 480 450 94% 17 30 525840 RCIT Device Access 925 648 70% 18 277 525850 RCIT Device Public 15 11 73% 4 526700 Rent-Lease Bldgs 5,795 5,802 100% 19 (7) 527780 Special Program Expense 600 160 27% 440 527840 Training-Education/Tuition 100 12 12% 88 527980 Contracts 216,150 162,022 75% 20 54,128 528120 Board/Commission Expense 1,920 935 49% 985 528140 Conference/Registration Fees 115 46 40% 69 528900 Air Transportation 195 42 22% 153 528960 Lodging 325 67 21% 258 528980 Meals 690 464 67% 226 529000 Miscellaneous Travel Expense 15 11 73% 4 529010 Parking Validation 135 132 98% 3 529040 Private Mileage Reimbursement 500 389 78% 111 Subtotal Services and Supplies 336,810 204,663 61% 132,147 Total Expenditures$ 480,085 $ 344,595 72% $ 135,490 Net Operating Position$ - $ 372,011 $ 372,011

Page 1 of 7 Regional Conservation Authority Preliminary Budget vs. Actual Comparison as of June 30, 2019 (Unaudited) General Fund - 935300 Land Management and Monitoring

Adjusted % of Actual Note Variance with REVENUES Budget Actual to Budget No. Budget 722000 Participating Special Entities$ 104,600 $ 133,638 128% 1$ 29,038 740020 Interest-Invested Funds 117,100 243,880 208% 2 126,780 741000 Rents 82,120 86,913 106% 3 4,793 769260 Other Gov MSHCP Civic Projects 25,000 17,337 69% (7,663) 771410 Flood Control District 100,000 100,000 100% 8 - 781360 Other Misc. Revenue 32,000 23,216 73% 10 (8,784) 781520 Tipping Fees 2,980,000 3,710,430 125% 11 730,430 790055 Sale of Vehicles - 26,600 N/A 26,600 Total Revenues$ 3,440,820 $ 4,342,014 126%$ 901,194

EXPENDITURES 510040 Regular Salaries$ 364,320 $ 344,889 95% $ 19,431 510200 Payoff Permanent-Seasonal 180,200 180,192 100% 8 510440 Annual Leave Buydown 19,985 11,675 58% 8,310 515200 Retiree Health Insurance 875 1,046 120% (171) 518100 Budgeted Benefits 144,955 137,132 95% 7,823 Subtotal Salaries and Benefits 710,335 674,934 95% 35,401 520200 Communications 3,760 276 7% 3,484 520320 Telephone Service 240 40 17% 200 520940 Insurance-Other 13,130 8,869 68% 13 4,261 521360 Maint-Computer Equipment 6,720 6,400 95% 320 521500 Maint-Motor Vehicles 6,000 - 0% 6,000 521540 Maint-Office Equipment 1,200 723 60% 477 521640 Maint-Software 1,895 1,669 88% 226 523100 Memberships 2,085 1,505 72% 580 523230 Miscellaneous Expense 2,060 883 43% 1,177 523620 Books/Publications 80 - 0% 80 523640 Computer Equip-Non Fixed Asset 1,670 445 27% 1,225 523660 Computer Supplies 320 - 0% 320 523680 Office Equip Non Fixed Assets 320 - 0% 320 523700 Office Supplies 1,600 563 35% 1,037 523760 Postage-Mailing 1,040 599 58% 441 523800 Printing/Binding 640 691 108% (51) 523840 Computer Equipment-Software 965 299 31% 666 524560 Auditing and Accounting 5,235 4,709 90% 14 526 524900 GIS Services 1,760 1,600 91% 15 160 525020 Legal Services 125,000 117,842 94% 16 7,158 525140 Personnel Services 2,560 2,676 105% 17 (116) 525840 RCIT Device Access 4,930 3,459 70% 18 1,471 525850 RCIT Device Public 80 60 75% 20 526700 Rent-Lease Bldgs 30,915 30,940 100% 19 (25) 527100 Fuel 4,000 - 0% 4,000 527780 Special Program Expense 8,200 852 10% 7,348 527840 Training-Education/ Tuition 1,530 1,061 69% 469 527980 Contracts 2,397,210 2,043,755 85% 20 353,455 528120 Board/Commission Expense 10,240 4,985 49% 5,255 528140 Conference/Registration Fees 3,010 647 21% 2,363 528900 Air Transportation 1,840 667 36% 1,173 528960 Lodging 3,445 185 5% 3,260 528980 Meals 1,510 681 45% 829 529000 Miscellaneous Travel Expense 80 60 75% 20 529010 Parking Validation 705 704 100% 1 529040 Private Mileage Reimbursement 1,410 1,814 129% (404) 529080 Rental Vehicles 300 - 0% 300 529500 Electricity 2,000 1,340 67% 660 Subtotal Services and Supplies 2,649,685 2,240,999 85% 408,686 535220 Assessments & HOA 65,000 55,696 86% 9,304 Subtotal Other Charges 65,000 55,696 86% 9,304 546320 Light Trucks 15,800 15,551 98% 249 Subtotal Capital Outlay 15,800 15,551 98% 249 Total Expenditures$ 3,440,820 $ 2,987,180 87%$ 453,640 Net Operating Position$ - $ 1,354,834 $ 1,354,834

Page 2 of 7 Regional Conservation Authority Preliminary Budget vs. Actual Comparison as of June 30, 2019 (Unaudited) Capital Projects Fund - 935201 Land Acquisition

Adjusted % of Actual Note Variance with REVENUES Budget Actual to Budget No. Budget 711040 Measure A-Local St & Rds$ 3,000,000 $ 3,000,000 100% $ - 722000 Participating Special Entities 1,845,460 1,845,979 100% 1 519 740020 Interest-Invested Funds 169,805 398,629 235% 2 228,824 740040 Interest-Other - 32,541 N/A 32,541 751680 CA-Grant Revenue 1,077,000 1,077,000 100% 4 - 766600 Fed-Capital Grants and Contrib 2,000,000 2,000,000 100% 5 - 769240 Other Gov MSHCP Infrastructure 257,700 223,807 87% 6 (33,893) 769260 Other Gov MSHCP Civic Projects 96,800 12,537 13% 7 (84,263) 771410 Flood Control District 290,000 294,381 102% 8 4,381 777170 Development Mitigation Fees 16,670,000 17,770,583 107% 9 1,100,583 777600 TUMF Revenue-Developer Fees 1,250,000 1,250,000 100% - 781220 Capital Contributions & Donations 5,662,000 3,862,000 68% 22 (1,800,000) 781360 Other Miscellaneous Revenue 70,000 143,877 206% 11 73,877 781850 Grants-Nongovernmental Agencies 293,333 293,333 100% 12 - 790020 Sales of Real Estate 215,000 426,050 198% 211,050 Total Revenues$ 32,897,098 $ 32,630,717 99% $ (266,381) EXPENDITURES 510040 Regular Salaries$ 1,164,015 $ 1,146,121 98% $ 17,894 510200 Payoff Permanent-Seasonal 69,400 69,358 100% 42 510440 Annual Leave Buydown 44,735 44,293 99% 442 515200 Retiree Health Insurance 2,885 5,295 184% (2,410) 518100 Budgeted Benefits 465,805 450,913 97% 14,892 Subtotal Salaries and Benefits 1,746,840 1,715,980 98% 30,860 520200 Communications 2,025 1,365 67% 660 520320 Telephone Service 1,215 54 4% 1,161 520940 Insurance-Other 38,500 38,330 100% 13 170 521360 Maint-Computer Equip 34,020 32,400 95% 1,620 521540 Maint-Office Equipment 6,075 4,544 75% 1,531 521640 Maint-Software 9,600 8,448 88% 1,152 523100 Memberships 10,045 7,620 76% 2,425 523230 Miscellaneous Expense 7,190 4,493 62% 2,697 523620 Books/Publications 405 - 0% 405 523640 Computer Equip-Non Fixed Asset 8,455 2,141 25% 6,314 523660 Computer Supplies 1,620 - 0% 1,620 523680 Office Equip Non Fixed Assets 1,620 - 0% 1,620 523700 Office Supplies 8,100 2,852 35% 5,248 523760 Postage-Mailing 5,260 3,284 62% 1,976 523800 Printing/Binding 3,240 3,497 108% (257) 523840 Computer Equipment-Software 4,875 1,581 32% 3,294 524560 Auditing and Accounting 112,080 61,065 54% 14 51,015 524900 GIS Services 8,910 8,100 91% 15 810 525020 Legal Services 655,000 481,149 73% 16 173,851 525140 Personnel Services 12,960 12,146 94% 17 814 525840 RCIT Device Access 24,945 17,509 70% 18 7,436 525850 RCIT Device Public 405 301 74% 104 526700 Rent-Lease Bldgs 156,490 156,632 100% 19 (142) 527780 Special Program Expense 16,200 4,313 27% 11,887 527840 Training-Education/Tuition 2,670 321 12% 2,349 527980 Contracts 605,050 583,529 96% 20 21,521 528120 Board/Commission Expense 51,840 25,139 48% 26,701 528140 Conference/Registration Fees 3,075 1,207 39% 1,868 528280 Imaging Supplies 2,500 2,162 86% 338 528900 Air Transportation 16,965 3,000 18% 13,965 528920 Car Pool Expense 500 149 30% 351 528960 Lodging 20,730 2,223 11% 18,507 528980 Meals 5,600 2,836 51% 2,764 529000 Miscellaneous Travel Expense 1,105 583 53% 522 529010 Parking Validation 3,565 3,564 100% 1 529040 Private Mileage Reimbursement 5,890 5,758 98% 132 529080 Rental Vehicles 400 - 0% 400 Subtotal Services and Supplies 1,849,125 1,482,295 80% 366,830 532600 Principal Payment 1,000,000 1,000,000 100% - 534000 Interest Notes-Warrants 83,000 75,033 90% 21 7,967 Subtotal Other Charges 1,083,000 1,075,033 99% 7,967 540040 Land 36,678,133 33,887,325 92% 22 2,790,808 540060 Improvements-Land 40,000 38,054 95% 1,946 Subtotal Capital Outlay 36,718,133 33,925,379 92% 2,792,754 Total Expenditures$ 41,397,098 $ 38,198,687 92%$ 3,198,411 Net Operating Position $ (8,500,000) $ (5,567,970) 66%$ 2,932,030

Page 3 of 7 Regional Conservation Authority Notes to Financial Reports Preliminary June 30, 2019 (Unaudited) Land Management and Land Operations Monitoring Acquisition Total RCA REVENUES: 1) Participating Special Entities: Southern California Edison-West of Devers $73,741 $104,600 $1,755,460 $1,933,801 Lockheed Martin- Potrero Canyon 14,579 29,038 90,519 134,136 Total Participating Special Entities $88,320 $133,638 $1,845,979 $2,067,937

2) Interest from Riverside County Treasurer Pool 1st quarter interest at 1.9% $50,037 $50,392 $84,956 $185,385 2nd quarter interest at 2.2% 59,908 60,305 87,490 207,703 3rd quarter interest at 2.3% 63,028 63,456 108,781 235,265 4th quarter interest at 2.3% 69,261 69,727 117,402 256,390 Total Interest $242,234 $243,880 $398,629 $884,743

3) Rent revenues from the following sources: Goodhart $5,160 Great Horses of America 3,500 KCAA Radio 8,163 Archery Club 3,000 Cell Tower Lease 59,358 Lockheed Lease 1,000 Beekeepers 6,732 Total Rent $86,913 4) State revenues were received for the following purposes: Chappell Property $1,077,000

5) Federal funds were received for the following property acquisitions: Chappell Property $2,000,000

6) Infrastructure contributions from Member Agencies: City of Menifee - Newport Road Widening $12,412 $12,412 City of Temecula - Pechanga Parkway Widening 79,900 79,900 RCTD - Temescal Canyon Road Widening $223,807 223,807 City of Jurupa Valley - Riverside Dr Widening 28,225 28,225 City of Hemet - Street Widening along Acacia 17,653 17,653 Total Infrastructure $138,190 $223,807 $361,998

7) Civic contributions from Member Agencies: City of Menifee - Town Central Park $35,820 $35,820 RCTD - Santa Ana River Trail $12,537 12,537 County EDA - Mental Health Clinic 1,218 1,218 City of Temecula - Library Parking Lot $17,337 17,337 Total Civic $37,038 $17,337 $12,537 $66,912

8) Contributions from Riverside County Flood Control: City of Moreno Valley - Sunnymead MDP Heacock $100,000 $100,000 $207,748 $407,748 City of Norco - MDP Line NA-1 61,733 61,733 City of Moreno Valley - Cottonwood Basin Project 3,000 3,000 City of Lake Elsinore - 3rd Street Channel 21,900 21,900 Total Flood Control $100,000 $100,000 $294,381 $494,381

Page 4 of 7 Regional Conservation Authority Notes to Financial Reports Preliminary June 30, 2019 (Unaudited) Land Management and Land Operations Monitoring Acquisition Total RCA REVENUES (Continued): 9) Mitigation fees through 6/30/19 are as follows: City of Banning $6,345 City of Beaumont 1,783,644 City of Calimesa 631,410 City of Canyon Lake 23,144 City of Corona 1,026,231 City of Eastvale 605,427 City of Hemet 762,601 City of Jurupa Valley 1,367,327 City of Lake Elsinore 271,622 City of Menifee 1,679,594 City of Moreno Valley 1,310,359 City of Murrieta 627,608 City of Norco 193,337 City of Perris 1,274,614 City of Riverside 1,156,727 City of San Jacinto 464,743 City of Temecula 169,883 City of Wildomar 81,885 County of Riverside 4,334,082 Total Mitigation $17,770,583

10) Miscellaneous Revenues were received as follows: Deposit Agreements $87,281 $87,281 Access Easement Agreement 6,000 6,000 Geller - LA Pocket Mouse Funding 45,240 45,240 Other 23,216 5,356 28,572 Total Miscellaneous Revenues 23,216 143,877 167,093

11) RCA receives $1.50 per ton for the out-of-county tonnage. In addition, RCA receives a maximum of $400,000 annually for the in-county tonnage. Out-of-County Revenue at $1.50 Tonnage per ton July 2018 208,680 $313,021 August 2018 222,712 334,068 September 2018 206,790 310,185 October 2018 230,426 345,638 November 2018 204,855 307,282 December 2018 206,200 309,301 January 2019 215,644 323,466 February 2019 197,251 295,876 March 2019 216,211 324,317 April 2019 214,406 321,609 May 2019 211,095 316,642 June 2019 212,750 319,126 Resolution 2019-007 Contribution to Endowment (500,000) June 2018 estimate adjustment (10,100) In-County Contribution 400,000 Total Tipping Fees 2,547,020 $3,710,430

Page 5 of 7 Regional Conservation Authority Notes to Financial Reports Preliminary June 30, 2019 (Unaudited) Land Management and Land Operations Monitoring Acquisition Total RCA REVENUES (Continued): 12) Grants: Non-governmental Agencies Rivers & Lands Conservancy Grant for Bode Acquisition $293,333

EXPENDITURES: 13) Insurance provided by SDRMA: General & Property $1,355 $8,869 $38,330 $48,554

14) Auditing and Accounting consists of the following: Brown, Armstrong Accountancy Corp $5,871 $4,042 $57,687 $67,600 County Auditor-Controller's Office 902 667 3,378 4,947 Total Auditing and Accounting $6,773 $4,709 $61,065 $72,547

15) GIS Services Digital Globe $300 $1,600 $8,100 $10,000

16) Legal Services as follows: Best, Best and Krieger $21,581 $117,842 $481,149 $620,573

17) Personnel services by County Human Resources: Approx. $1,175 per employee annually $450 $2,676 $12,146 $15,271

18) RCIT Device Charges RCIT Monthly $1,801 $648 $3,459 $17,509 $21,616

19) Rent & lease building cost: RCA office monthly rent $15,989 $5,802 $30,940 $156,632 $193,374

20) Contract services are as follows: Dudek $158,969 $24,717 $126,666 $310,353 Economic & Planning Systems 420 2,238 11,332 13,990 EDA Real Estate Services 134,463 134,463 Hogan Lovells 150,000 150,000 Kadesh 75,000 75,000 OPR Communications 2,633 14,041 71,080 87,754 Parks & Open-Space Dist.-Land Mgmt. 914,668 3,489 918,156 Thomas Mullen (Reimbursable Expenditures) 11,499 11,499 SAWA 1,088,091 1,088,091 Total Contracts $162,022 $2,043,755 $583,529 $2,789,306

21) Interest to Riverside County on Loan Interest rate at average 2018 Treasurer Pool Investment rate of 1.8% $75,033

Page 6 of 7 Regional Conservation Authority Notes to Financial Reports Preliminary June 30, 2019 (Unaudited) Land Management and Land Operations Monitoring Acquisition Total RCA EXPENDITURES (CONTINUED): 22) Land acquisition costs are as follows: Properties donated to the RCA: RCTC Dilworth Donation $1,160,000 Toscana Donation 392,000 Sierra Bella 70,000 RCTC Dilworth Donation #2 2,240,000 Subtotal Donated Properties $3,862,000 Properties acquired: Emerald Aliso Property 4,883,504 Andrade Property 105,334 Bentley Property 241,646 Tax Sale Parcel 2017 209,284 Kisling Property 91,290 Thibodeaux Property 51,157 Bode Property 564,669 Edwards Property 127,392 Henmer Corp. Property 352,133 Bustos Property 111,345 Kamyar Property 301,997 Anheuser Busch Ph 9 Property 11,529,036 Tuscany Hills II Property 77,148 De Ortega Property 40,039 Devcal Property 794,054 Sances #1 58,135 Sances #2 58,135 Sances #3 58,135 Sances #4 58,135 Sey Corporation 1,805,751 Fleming French Valley-Phase I 2,608,637 Chappell Property 5,388,587 Consultants Costs: EDA Real Estate Services 372,423 Best Best & Krieger 128,465 Parks & Open-Space Dist. 8,894 Total Land Acquisition Costs $33,887,325

Page 7 of 7

AGENDA ITEM NO. 8.2 Attachment 3A

MSHCP Fee Collection Report REGIONAL CONSERVATION AUTHORITY MSHCP MITIGATION FEE COLLECTIONS BY MEMBER AGENCY FISCAL YEAR 2019

BASED ON ACCRUAL BASIS (Month reported by City) JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTALS COUNTY AND CITIES: 2018 2018 2018 2018 2018 2018 2019 2019 2019 2019 2019 2019 FY 2019 % CITY OF BANNING $ - $ - $ - $ - $ 2,104 $ - $ - $ 2,104 $ 2,104 $ - $ - $ 33 $6,345 0.0% CITY OF BEAUMONT 77,848 23,144 189,826 547,521 84,160 86,264 155,971 29,456 113,616 119,928 156,030 199,880 $1,783,644 10.0% CITY OF CALIMESA 2,104 33,664 12,624 6,312 37,872 75,744 36,066 58,912 113,616 27,352 73,876 153,269 $631,410 3.6% CITY OF CANYON LAKE 4,208 - 2,104 - 2,104 - - 6,312 - - 2,104 6,312 $23,144 0.1% CITY OF CORONA 158,815 25,922 27,525 29,677 130,020 46,288 86,931 2,104 10,520 64,241 67,845 376,344 $1,026,231 5.8% CITY OF EASTVALE 69,634 30,981 37,716 10,776 29,634 6,312 171,724 31,816 25,248 95,715 60,181 35,690 $605,427 3.4% CITY OF HEMET 4,062 5,903 14,178 33,685 6,928 - 17,841 19,624 - 21,040 626,715 12,624 $762,601 4.3% CITY OF JURUPA VALLEY 113,249 143,072 220,920 108,834 83,070 52,219 46,726 62,226 81,859 - 398,344 56,808 $1,367,327 7.7% CITY OF LAKE ELSINORE 19,848 14,076 - 38,542 6,259 91,195 67,974 4,208 2,104 - 18,936 8,480 $271,622 1.5% CITY OF MENIFEE 20,967 79,952 247,340 227,179 54,704 79,952 374,068 44,184 145,176 84,160 113,616 208,296 $1,679,594 9.5% CITY OF MORENO VALLEY 223,889 575,713 61,016 27,352 42,080 71,536 47,479 37,318 31,560 38,724 109,509 44,184 $1,310,359 7.4% CITY OF MURRIETA - - - - - 241,960 146,596 - 54,356 - 180,488 4,208 $627,608 3.5% CITY OF NORCO - 17,147 - 164,056 - 2,104 7,927 - - - - 2,104 $193,337 1.1% CITY OF PERRIS 74,432 120,910 272,191 68,774 8,416 104,403 61,871 13,092 27,352 68,137 383,667 71,369 $1,274,614 7.2% CITY OF RIVERSIDE 460,271 52,235 60,038 14,838 148,829 194,432 34,625 36,218 47,423 21,442 28,446 57,930 $1,156,727 6.5% CITY OF SAN JACINTO 75,121 74,263 42,080 54,704 - 6,312 107,304 8,175 35,768 12,624 14,728 33,664 $464,743 2.6% CITY OF TEMECULA 2,104 31,560 61,969 2,104 10,520 7,594 16,161 - - 14,728 16,832 6,312 $169,883 1.0% CITY OF WILDOMAR 8,416 2,104 2,104 48,221 - 2,104 - - 4,208 6,312 2,104 6,312 $81,885 0.5% COUNTY OF RIVERSIDE 410,365 219,480 789,234 333,305 175,388 312,349 563,132 167,577 180,424 375,838 252,567 554,420 $4,334,082 24.4% TOTAL COUNTY AND CITIES$ 1,725,333 $ 1,450,125 $ 2,040,866 $ 1,715,880 $ 822,089 $ 1,380,767 $ 1,942,396 $ 523,325 $ 875,334 $ 950,241 $ 2,505,988 $ 1,838,239 $17,770,583 100.0%

OTHER FLOOD CONTROL $ 407,748 $ - $ - $ - $ - $ - $ - $ 61,733 $ - $ - $ 3,000 $ 21,900 $494,381 16.5% OTHER GOV MSHCP INFRASTRUCTURE 12,412 - - - - 79,900 - 223,807 28,225 - 17,653 - $361,998 12.1% OTH GOV MSHCP CIVIC PROJECTS - - - - 35,820 - - 13,755 - - - 17,337 $66,912 2.2% MISC PARTICIPANT FEES - 134,136 - - - 1,933,745 - - - - - 56.25 $2,067,937 69.1% TOTAL OTHER$ 420,160 $ 134,136 $ - $ - $ 35,820 $ 2,013,645 $ - $ 299,296 $ 28,225 $ - $ 20,653 $ 39,293 $2,991,228 100.0% GRAND TOTAL $ 2,145,493 $ 1,584,261 $ 2,040,866 $ 1,715,880 $ 857,909 $ 3,394,412 $ 1,942,396 $ 822,621 $ 903,559 $ 950,241 $ 2,526,641 $ 1,877,532 $20,761,812

AGENDA ITEM NO. 8.2 Attachment 3B

MSHCP GRAPH FY 2019 Fiscal Year 2019 MSHCP Development Mitigation Fee Revenues July 1, 2018 through June 30, 2019

$3,600,000 $3,400,000 $3,200,000 $3,581,432 $3,000,000 $2,800,000 $2,600,000 $2,400,000 $2,200,000 $2,000,000 $1,800,000 $1,600,000 Commercial $1,400,000 $5,930,099

$1,200,000 $1,669,708 Residential $1,000,000 $11,840,484

$800,000 $1,245,568 $462,880 $384,274 $600,000 $1,009,656 $399,076

$858,690 33% $829,414 $221,153 $264,958 $145,386 $400,000 $228,532 $191,160 $752,650 $166,411 $167,541 $105,211 $2,177 $662,304 $655,443 $41,909 $648,055 67% $107,158 $0 $1,863 $6,345 $98,888 $39,976 $23,144 $604,670 $0 $552,057 $70,995 $200,000 $538,076 $537,913 $9,886 $486,024 $0

AGENDA ITEM NO. 8.3

FISCAL YEAR 2019 FOURTH QUARTER CONSULTANT REPORTS

STAFF REPORT September 9, 2019 Agenda Item No. 8.3

Regional Conservation Authority

FISCAL YEAR 2019 FOURTH QUARTER CONSULTANT REPORTS

Staff Contact: Charles Landry Executive Director (951) 955-9700

Background:

Attached are the Fiscal Year 2019 Fourth Quarter Consultant Reports for Dudek, Kadesh & Associates, Riverside County Regional Park and Open-Space District, Santa Ana Watershed Association, and Douglas P. Wheeler – Hogan Lovells, US LLP.

Executive Committee and Staff Recommendation:

That the RCA Board of Directors receive and file the Fiscal Year 2019 Fourth Quarter Consultant Reports.

Attachments:

Fiscal Year 2019 Fourth Quarter Consultant Reports

Attachment 1 – Dudek Attachment 2 – Kadesh & Associates Attachment 3 – Riverside County Regional Park and Open-Space District Attachment 4 – Santa Ana Watershed Association Attachment 5 – Douglas P. Wheeler, Hogan Lovells, US LLP

AGENDA ITEM NO. 8.3

Attachment 1

DUDEK

September 9, 2019 Agenda Item No. 8.3 Attachment 1

CONSULTANT REPORT DUDEK FISCAL YEAR 2019 FOURTH QUARTER REPORT

Report Covers Period: 04/01/19 to 06/30/19

Services Provided During Current Work Period:

Joint Project Reviews As part of our ongoing duties related to MSHCP implementation for the RCA, Dudek continued to provide review of biological reports, analysis and submittals related to Joint Project Reviews (JPRs) submitted by Permittees. Dudek reviewed, provided comments, and completed multiple JPRs for Permittees during this reporting period.

Permittee Trainings and Support Dudek assists the RCA in providing training and support to Permittees on MSHCP implementation. These training sessions are provided once a year or upon request and include an overview of the MSHCP, RCA responsibilities, Permittee Responsibilities, rough step, JPR process, required surveys and mitigation, CEQA documents, changes to the MSHCP, reserve lands, and the Wildlife Agencies’ role. Discussion of circumstances unique to each Permittee is also provided in the training. Most recently, the MSHCP implementation training for Permittees was held on April 15, 2019. Previous to this, the Biological Consultant Training was held on December 3, 2018, outside of their busiest time of year (i.e., outside of the biological survey season). This latter training will be held again in the late fall/early winter 2019. Additional training, focusing only on Reserve Assembly analysis, is tentatively being scheduled for August 2019 to facilitate more efficient reviews.

Monthly meetings with the Riverside County Environmental Programs Department (EPD) are ongoing. These meetings are a forum to discuss upcoming or ongoing County HANS/JPRs, conservation criteria, and other Permittee requirements to facilitate MSHCP consistency. RCA and EPD meetings this quarter were held on April 3, May 1, and June 6, 2019.

Additional separate meetings/conference calls were held with RCA, Dudek, Permittees and/or applicants and their consultants, including but not limited to: 1) Crestview Apartments (City of Riverside), 2) Warren Road/Stetson Avenue Road Exchange Minor Amendment (City of Hemet), 3) the San Jacinto River Stage 3 Project (Riverside County Flood Control), 4) Sunset Avenue/La Estrella Road Exchange Minor Amendment (City of Wildomar), and 5) the Temecula Creek Restoration Project.

Dudek also has multiple conference calls each month with applicants/biologists on other projects regarding MSHCP implementation and compliance questions. Dudek fields questions on an ongoing basis related either to new projects or ongoing projects, both inside and out of the Criteria

1 area. Dudek also provides assistance regarding explaining the California Environmental Quality Act (CEQA) and how the MSHCP review process works with the CEQA process.

Dudek also prepared templates for, and provides as-needed updates to, the MSHCP Consistency Analysis report and the Determination of Biologically Equivalent or Superior Preservation report now posted on RCA’s website. The purpose of these templates is to provide guidance for Permittees and applicant biologists with the expectation that information needed to demonstrate MSHCP consistency will be not be missed and thus, RCA comments on JPR supporting documentation may be reduced.

Wildlife Agency Coordination and Meetings Dudek attended three monthly meetings with USFWS and CDFW staff hosted by the RCA. Duties included coordinating with attendees and review of materials ahead of the meeting. Meetings with the Wildlife Agencies this quarter were held on April 18, May 16, and June 20, 2019.

Pre-Application Meetings Dudek also attended two Pre-Application Meetings with the U.S. Army Corps of Engineers, Regional Water Quality Control Board, CDFW, and USFWS staff. Projects represented by Permittees and/or the project representatives are presented for consideration. The various regulatory agencies and RCA discuss, review, and seek solutions to issues related to permitting and MSHCP compliance. The review and analysis presented in these meetings is often subject to MSHCP Consistency review which is part of Dudek’s role with the RCA. Meetings with the regulated waters Permitting Agencies this quarter were held on April 10, May 21, and June 12, 2019.

Also in this reporting period, Dudek provided documentation and support to CDFW and USFWS related to ongoing projects and questions on MSHCP implementation.

Participating Special Entities Dudek staff provided support and coordination related to pending and existing Participating Special Entities (PSEs). Dudek remains involved in all processing of Southern California Edison (SCE) PSE application reviews, including follow-up on conditions required of the West of Devers System Upgrade Project (WODUP), including conditions to finalize riparian/riverine mitigation, and replacement of Additional Reserve Lands (ARL) and Public/Quasi-Public (PQP) lands. Coordination between Dudek and SCE is ongoing to help with their questions regarding mitigation implementation during construction. Dudek has also been working with SCE on two PSE for the two phases of the Valley-Ivyglen 115kV Project. Phase 1 was found consistent with the MSHCP with a Certificate of Inclusion (COI) issued December 2014. However, due to design changes, the project will need to be reviewed again, and the PSE Findings will need to be amended. The Phase 2 PSE application and supporting documents are expected to be submitted later this year (2019). Dudek and SCE have coordinated extensively prior to the formal Phase 2 submittal to ensure that the MSHCP PSE policies and requirements are being appropriately addressed.

Lockheed Martin Corporation (LMC) submitted two PSE applications on December 13, 2016, one for remediation at Site 1 Potrero Canyon and the other for remediation at Site 2 Laborde Canyon. Multiple rounds of review/revisions were necessary to demonstrate MSHCP consistency, but both PSE processes are now complete. The COI for Site 2 Laborde Canyon was issued May 2018, and Site 1 Potrero Canyon COI was issued in July 2018. Both remediation sites have started construction and may need to extend their work outside of the area approved under the PSE 2

Findings. It has since been determined that some of the remediation activities will occur outside of the previously approved footprints, and revised documentation is pending. Once received by Lockheed, both Sites 1 and 2 will be reviewed, and the PSE Findings will be amended accordingly.

Criteria Refinements Dudek staff provided support and coordination related to pending and existing Criteria Refinements (CR). Ongoing reviews and coordination include 1) Luiseno Village CR with the City of San Jacinto and Soboba, and 2) Olsen Canyon CR with Riverside County.

RCA and Management Support Dudek staff provided various forms of analysis and provided staff support by attending meetings, conference calls and conducting research via email related to ongoing and past projects. During this reporting period, Dudek was involved in discussions on various projects, particularly those with substantial issues. Dudek works very closely with Tricia Campbell, Director of Reserve Management and Monitoring, and other RCA staff to assist with past and ongoing JPRs, PSEs, and CRs, report templates, Permittee coordination and training, and consistency with MSHCP implementation procedures, including Reserve Assembly (Cell/Cell Group/Subunit) analysis standards.

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AGENDA ITEM NO. 8.3

Attachment 2

Kadesh & Associates

September 9, 2019 Agenda Item No. 8.3 Attachment 2

CONSULTANT REPORT KADESH & ASSOCIATES FISCAL YEAR 2019 FOURTH QUARTER REPORT

CONSULTANT REPORT – KADESH & ASSOCIATES FISCAL YEAR 2019 4th QUARTER REPORT – 4/1/19 – 6/30/19

Services Provided During Current Work Period: 1- Budget and Appropriations for FY2020; 2- Follow up to National HCP Coalition DC advocacy trip; 3- Led monthly coalition government affairs conference calls; 4- Planning for Coalition annual conference; and 3- Pursuit of Refuge legislation.

April - April was focused on the release of the Mueller report and the follow-up to the release of the Administration’s FY20 Federal Budget, particularly how the House and Senate Budget committees as well the Appropriations committees were proceeding. Both the House and Senate were adjourned for two weeks for the Easter/Passover recess.

Congressional Action on the FY20 Budget- House Democrats proposed a defense budget of $664b for FY20, up 2.6% over FY19, and $680b in 2021, according to statement by House Budget Cmte Chairman John Yarmuth. •$631b was proposed for non-defense discretionary budget in FY20 – a 5.7% increase over FY19 – and $646b for 2021. •FY20 Defense funding would total up to $733b including a cap of $69b for cap-exempt Overseas Contingency Operations funds. •Defense and non-defense budgets would each increase by $88b compared with FY20 cap level

Infrastructure- It was announced that the Senate Environment and Public Works Committee will approve a public works package by July, with the current surface authorization expiring at the end of 2020. The committee planned hearings on draft legislation.

May - May was focused on the development and markup of the FY20 funding bill for the House Appropriations Subcommittee on Interior, EPA and Related Agencies. Both the House and Senate were in session for all of May except for the final week of the month for the Memorial Day recess.

Page 1 of 4

Congressional Action on the FY20 Interior/EPA House Subcommittee Appropriations Bill- The FY20 House Subcommittee mark-up on May 15, 2019 and the subsequent full committee and House action on RCA’s primary concerns –- Section 6 funding; favorable mention of HCPs; and strong Refuge funding levels and direction – were all favorable.

This language was included in the House Appropriations Interior Report.

This excerpt starts at the bottom of p. 18 of attachment and can be found via this link: https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/F Y2020%20Interior%20Filed%20Report%20-%20HR3052.pdf

Planning and Consultation. — The recommendation includes $113,018,000 for timely evaluations and permitting of development projects to ensure species are protected while allowing for development that contributes to economic growth and job creation. This recommendation is an increase of $6,939,000 above the enacted level and $5,502,000 above the budget request. This recommendation does not accept the reductions proposed in the budget request and provides $2,500,000 for National Environmental Policy Act (NEPA) streamlining. The additional funding is for staffing to build field capacity for technical assistance to Federal agencies and project proponents and to work with States, counties and private landowners to create Habitat Conservation Plans; to enhance the Integrated Planning and Conservation (IPaC) system; and to plan the development of a system for compliance monitoring and enforcement to ensure adequate implementation of the ESA. The Service is encouraged to issue guidance to field offices for streamlining Endangered Species Act section 7(a)(2) consultations on federal actions that authorize, fund, or carry out a covered activity in an approved Habitat Conservation Plan (HCP) permitted under section 10(a)(1)(B) and that affect listed species that are covered species in the approved HCP.

Conservation and Restoration. — The recommendation includes $34,650,000 for Conservation and Restoration, $2,254,000 above the enacted level, and $8,209,000 above the budget request. The recommendation does not include any of the proposed reductions and provides an additional $2,000,000 for Candidate Conservation. This increase will help the Service work with partners to conserve species by identifying and alleviating threats so they do not require listing.

Recovery. — The recommendation includes $117,873,000 for Endangered Species Act recovery activities, $22,841,000 above the enacted level, and $22,873,000 above the request. The recommendation does not accept the proposed budget reductions for de- listing and down-listing, State of the Birds, White Nose Syndrome, Prescott Grant Program and Wolf Livestock Demonstration Program, and includes a total of $8,000,000 for Recovery Challenge grants. The Committee has long championed the need for listing decisions to be based on science, not politics. In the current political climate, the Committee remains concerned that if iconic species are removed from the endangered species list, they will not receive adequate protections to ensure their survivability. The gray wolf is an example of a species of concern. The Committee directs that if the Service is going to delist a species based on the best available science, the Service must first carefully analyze state management plans to ensure adequate protections will be in place and then establish a stringent monitoring system that guarantees there is rigorous enforcement of those plans.

Page 2 of 4

National Wildlife Refuge System. — The recommendation includes $514,164,000 for the National Wildlife Refuge System, an increase of $25,913,000 above the enacted level, and $4,635,000 above the budget request.

Wildlife and Habitat Management. — The recommendation includes $239,437,000, an increase of $4,970,000 above the enacted level and equal to the budget request. The Committee supports the funding increase included in the budget request for Invasive Species Strike Teams and the reduction proposed for Inventory and Monitoring. The Committee understands the use of native plant materials increases resilience, reduces invasive species, and creates a more effective deterrent to fire. The Service is directed to brief the Committee on the use of native plants in refuge restoration within 180 days of enactment of this Act.

Refuge Visitor Services. — The recommendation includes $80,855,000, an increase of $7,536,000 above the enacted level, and equal to the budget request. The recommendation restores the reduction proposed in the budget request for Youth and Careers in Nature, which includes tribal youth, provides an additional $1,000,000 over the budget request for the Urban Wildlife Conservation Program, and provides $5,106,000 of the requested program increase for refuge visitor services. Engaging Americans of all ages with nature must be a priority.

Refuge Law Enforcement. — Federal Wildlife Officers are the face of the Refuge System. Current refuge law enforcement staffing is at 22 percent of the staffing level recommended by the International Association of Chiefs of Police. The recommendation includes $45,307,000, an increase of $7,253,000 above the enacted level and $2,112,000 above the budget request. This funding level provides an additional 40 FTE that are to be dispersed nationwide to ensure every refuge has law enforcement coverage by a Federal Wildlife Officer.

Conservation Planning. — The recommendation provides $2,523,000, equal to the enacted level, and an increase of $2,523,000 above the budget request.

Refuge Maintenance. — The recommendation includes $146,042,000, an increase of $6,154,000 above the enacted level, and equal to the budget request.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND – The Cooperative Endangered Species Conservation Fund (CESCF; Section 6 of the Endangered Species Act), administered by the Service’s Ecological Services program, provides grant funding to States and Territories for species and habitat conservation actions on non-Federal lands, including habitat acquisition, conservation planning, habitat restoration, status surveys, captive propagation and reintroduction, research, and education.

Appropriation enacted, 2019: $53,495,000 Budget estimate, 2020: $ 0 Recommended, 2020: $63,702,000 Comparison: +$10,207,000

Page 3 of 4

The Committee recommends $63,702,000 for the Cooperative Endangered Species Conservation Fund, an increase of $10,207,000 above the enacted level, and $63,702,000 above the budget request. The additional funding will increase the grant funding available to States and Territories for species and habitat conservation actions on non-Federal lands.

Infrastructure- On May 15, 2019 House Energy & Commerce Democrats introduced an infrastructure package aimed at combating Climate Change, expanding Broadband Access and protecting public health and the environment. H.R.2479, the Leading Infrastructure for Tomorrow’s America Act (LIFT America) had a full committee hearing on May 22, 2019.

The LIFT America Act includes investments in several key areas, including programs and funding to address the Climate Crisis and Protect the Environment: -Over $33 billion for clean energy, including $4 billion to upgrade the U.S. electric grid to accommodate more renewable energy and make it more resilient. It also includes $4 billion for the expansion of renewable energy use, including $2.25 billion for the installation of solar panels in low-income and underserved communities.

June – June was focused on the floor consideration of the FY20 funding bill for the House Appropriations Subcommittee on Interior, EPA and Related Agencies. The House and Senate were in session for all of June. The House passed its second minibus package 227- 194 on June 25: Agriculture-FDA/Commerce-Justice-Science/Interior- Environment/Military Construction-VA/Transportation-HUD and passed Financial Services-General Government 224-196 on June 26. Two bills remain outstanding: Homeland Security and Legislative Branch. The Senate had not moved any appropriations bills absent a budget caps deal.

Questions and Comments - It is the pleasure of Kadesh & Associates to serve the RCA. If this report generates any questions, please direct them to Dave Ramey at 202-549-1519 or [email protected].

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AGENDA ITEM NO. 8.3

Attachment 3

RIVERSIDE COUNTY REGIONAL PARKS AND OPEN-SPACE DISTRICT

September 9, 2019 Agenda Item No.8.3 Attachment 3

CONSULTANT REPORT RIVERSIDE COUNTY PARKS AND OPEN-SPACE DISTRICT FISCAL YEAR 2019 FOURTH QUARTER REPORT

Report Covers Period: 04/01/2019 – 06/30/2019

External Services Provided During Current Work Period:

200 Work Release Program hours were utilized during the Fourth Quarter of FY2019

152.5 Intern Program hours were utilized during the Fourth Quarter of FY2019

22.5 Volunteer hours were utilized during the Fourth Quarter of FY2019

General Administration

Natural Resource Manager (NRM) Jonathan Reinig worked toward addressing the increasing threat of mountain bikes and recreation on RCA Conserved Lands. Work committed toward the issue included: meeting with management staff of the RCA and public relations firm OPR Communications to consolidate ideas and strategies on how to address the issue, drafting a conceptual guide to recreation on MSHCP Reserve Lands, identifying properties with particularly sensitive habitats and species that will necessitate special recreation restrictions, continued mapping of trails in highly impacted areas, and reaching out to influential members of the mountain bike community to open lines of communication and discuss future meeting possibilities.

Staff fielded several phone calls regarding complaints from residents whose properties had been inundated by bees attracted to their water sources (e.g., swimming pools, fountains, etc.). The bees were originating from the neighboring Delgado property where 44 pallets of bee boxes had been placed by the Happy Bee Co. per their lease agreement with the RCA. The owner of the Happy Bee Co. cooperated with instruction from MSHCP Land Management staff in attempts to mitigate the problem. The Happy Bee Co. initially placed additional water sources at the hives and later removed half of the bees from the property when the issues did not subside. Despite these measures, the residents continued to see large numbers of bees at their properties. Plans were arranged at the end of the quarter to have the remainder of the bees removed from the Delgado property.

The MSHCP Land Management section of RCA Annual Report (2018 Section 6.0 Management Activities) was completed and submitted to the RCA.

Suggestions and comments were submitted on behalf of the RCA on draft versions of the recently established S&S Seeds, Inc./RCA Contract and Right of Entry. This contract helps the RCA facilitate the collection of rare plant seeds that can be used for restoration and reintroduction projects on RCA Reserve Lands. 1

An email contact list for MSHCP Land Management volunteer opportunities was created to broadcast MSHCP land management events/projects that would benefit from the help of volunteer participation.

NRM Reinig gave a presentation on Delhi sands flower-loving fly habitat management at the Teledyne property to the Mount San Jacinto College SEAL club (Students for Environmental Action and Leadership). Three of the club members later participated in a volunteer weed pull day at the site.

Staff collected photographs from their files of MSHCP covered species, land management activities, and the 2019 super bloom event. The photographs were submitted to the RCA’s public outreach firm OPR Communications to be used on the RCA’s webpage and outreach material.

A letter was drafted for and provided to a private property owner adjacent to the Maddock Ranch Conservation Easement. The property owner’s Home Owners Association was requesting a letter stating that his fence line was not encroaching onto the Conservation Easement.

A meeting was attended with the RCA and representatives from Riverside County Roads Department and Riverside County Department of Waste Resources. The Roads Department was seeking input on options of remedying road runoff erosion onto the Lake Hemet Municipal Water District (LHMWD) Conservation Easement at Fairview Ave in unincorporated Valle Vista. The Roads Department agreed to minimize impacts by building up riprap in their existing easement.

A fire management meeting was attended with the RCA and representatives from CALFIRE, Riverside County Fire, and Murrieta Fire. The focus of the meeting was to discuss potential increased efforts for preventative fire measures on RCA Conserved Lands and the balance between habitat preservation and community protection.

A meeting was attended with the RCA and representatives of the Inland Empire California Conservation Corp (IECCC) to discuss the potential for future collaborative projects. The IECCC had acquired grant money and was soliciting partners in need of assistance from their labor force.

Two Interagency Santa Ana/Palomar mountain lion linkage working groups were attended. The purposes of the meetings were to coordinate and discuss ongoing plans and strategies for facilitating the continuity of the two mountain lion populations on either side of Interstate 15 in the Temecula area.

Proposed legal access routes from the Inland Empire Resource Conservation District (IERCD) were reviewed and commented on. The IERCD was in the process of acquiring a large area of land adjacent to the Oak Valley Partners and Live Oak Canyon properties. As a result, the IERCD was searching for additional legal accesses which would pass through RCA Conserved Land to reach their future property.

Communications were held with Brian Beck (RCA) regarding the status of an Edison Gate near the Pecuniary property. The Edison gate had been recently reinforced by staff and several land owners had contacted the RCA’s office asking for access through the gate. Two private property owners were given gate lock combinations after providing documentation of their legal access (see the San Timoteo HMU portion in the Maintenance/Fencing section below for more detail).

2

At the Greenwald property, a recent home buyer to the east of the property contacted the MSHCP Land Management office. The private property owner requested access through the Greenwald property as an alternate route for semi-trucks to access his property. Due to a lack of legal access thru the property by the individual, the request was declined.

A list of all RCA-owned and/or managed lands was compiled for Riverside County Parks for one of their District reports.

NRM Reinig reviewed and edited an updated draft of Riverside County Parks Policy 4.6-Uniforms.

The monthly Riverside County Parks Mangers Meeting was regularly attended.

The monthly Western Riverside County Management and Monitoring Meeting was regularly attended.

Staff attended monthly MSHCP Land Management Staff Meetings.

Staff attended the annual Riverside County Parks Employee and Volunteer Appreciation Luncheon.

Staff attended Blood Borne Pathogen Training.

Ranger Robert Fountain attended self-defense training.

Patrol/Enforcement

Badlands HMU

Ranger Richard Chagolla continued working on the Off-Highway Vehicle (OHV) issues at the CALMAT property. Over the course of the three months (Fourth Quarter) one motocross jump was removed at Jack Rabbit Trail, three fence repairs were made along Jack Rabbit Trail, So Cal Gas Company (an adjacent landowner) was notified of the damage to their gate, and several contacts were made with individuals in trucks who were attempting to unload their dirt bikes in the area.

During regular patrols, two OHV-created fence cuts were located and repaired at the Wolfskill/Driscoll property.

Cactus Valley HMU

Evidence of OHV activity was found at the SSR property. Fence go-arounds created by OHV riders at the entrance gate to the property were identified and closed by extending the existing fencing.

Gavilan HMU

The Ranger patrol duties associated with the super bloom event in Lake Elsinore tapered off in the beginning of the Fourth Quarter. With the drying of the flowers, public interest in the Reynolds and Long Beach Equities properties nearly dropped to pre-super bloom levels. Staff removed all temporary signage and fencing that was installed for the event.

3

The Andrade, Adams, and North Peak #2 properties continued to be the site of routine misuse by the public. These properties are all located in the problem area of the El Toro Cutoff Road. During the Fourth Quarter, patrol/enforcement activities at the properties included: contacting two separate individuals whose belongings where illegally dumped in the area and persuading them to return to remove their trash, assisting Riverside County Sherriff with the identification of a man in the possession of a stolen vehicle who fled the properties earlier in the day, and intervening with illegal target shooters who had set up themselves in the area.

Dirt bike jumps at the Nelson property were knocked down and the cut fence (associated with the dirt bike activity) was repaired. Subsequent patrols of the property showed no new signs of OHV activity.

Two separate cut fences were repaired at the Toscana Donation Phase 2 property.

The Johnson property was patrolled. The hard rock mine closures were checked and found to be working and intact. Ranger Chagolla made contact with a group of landscapers removing boulders from the adjacent U.S. Bureau of Land Management (BLM) parcel and ordered them to return the boulders.

The Greenwald property was patrolled with no issues to report.

Menifee HMU

Ranger staff inspected the interior of the White Rocks property where a possible marijuana grow site was reported by the MSHCP Biological Monitoring staff. Thousands of small plants as well as fresh irrigation tubing, fertilizer bags, and a small camp were located. Ranger Supervisor Ruben Rodriguez was successful at reaching out to the Lake Elsinore Sheriff Department for assistance. The Sheriff Department’s Marijuana Task Force was able to locate and remove a few thousand small plants and a bottle of extremely toxic illegal pesticide (Carbofuran) from the property’s riparian area.

With an increase in awareness of the destructive behavior of mountain bikes in the south western portion of the Plan Area, attention was refocused at the Winchester 700 Murrieta property, a property where an unauthorized trail system had been established in the past. Time was spent by Ranger Fountain learning the trail system of the property, reclosing closed trails that had been reopened by members of the public, and closing additional unauthorized old and new trails. On a trail-by-trail basis these efforts had varying degrees of success. Some trails remained closed after the initial closure while others were repeatedly reopened by unknown individuals. Efforts to document this vandalism is ongoing and include trail cameras and other experimental approaches.

An inspection was made of the Tax Sale #5 property in Murrieta for weed abatement needs. Upon arrival, the north eastern portion of the property was found mowed by unknown individuals. To prevent future unauthorized mowing within the property, boundary signage was increased.

Target shooters were found using the Dyer Wynn property by Rangers Chagolla and Fountain. Contact was made with the target shooters and they left the property without issue.

4

Ranger Fountain patrolled the interior of Elsinore Lakeview Estates and confirmed no camps had been reestablished since the homeless camp eviction and cleanup effort that occurred in the Third Quarter of 2019.

Ranger staff patrolled the interior of the Delgado property and the property’s southern boundary fencing. The fence line was found intact and no other issues were found to report.

The El Sol property was patrolled during the Lake Skinner Balloon and Wine Festival. No issues arose from the nearby event.

Sage HMU

The Bush property was patrolled regularly to check on the status of the extensive new fencing in this former OHV hotspot. The fencing was found to be highly effective at stopping OHV access to this sensitive property and no vandalism has occurred to it in the Fourth Quarter. During these patrols, a homeless encampment was located within the property and was posted to vacate. A subsequent visit by Ranger staff determined that the camp was inactive. With the help of four Work Release Program workers, staff removed one Ford F55 dump truck worth of encampment trash from the property.

Ranger staff regularly patrolled the Bell/Weigel/Tax Sale 13 properties and conducted upkeep of access controls in the area. A side trail leading into the Tax Sale 13 property, which had been blocked the previous quarter with a fence segment, was found heavily vandalized by OHV riders and was repaired. An OHV fence go-around was located along the western boundary of the reserve lands at La Estrella and was blocked with additional fencing.

The mountain bike trail network in the area was checked to assure closed trails remained closed and no additional trail work had been initiated. Although neighboring BLM land had signs of recent trail building, no new trail evidence was found on MSHCP Reserve Lands and trails that had been closed in previous quarters remained unused.

Also, at the site, staff coordinated with CALFIRE Captain Jim Rodriguez who was interested in mapping conditions of the areas’ roads for potential fire suppression duties. Existing road conditions and combination lock codes were conveyed to the Captain to aid in his access and mapping efforts.

Evidence of an illegal marijuana grow site was found on National Forest land immediately adjacent to the Agua Tibia Donation, from which the grow site was being accessed. Officers from the Forest Service were notified. Through correspondence with a University of California, Davis research team who had mountain lion monitoring trail cameras on the Agua Tibia Donation property, photographs of suspicious individuals passing through the property were provided to the National Forest Officers.

During regular patrols, Ranger Johnny Garcia discovered the Cordova property’s fencing had been cut and two large plastic water tanks had been stolen from the property. A stolen equipment report was filed with the Riverside County Sherriff’s Department and the associated cut fencing was repaired. Searches of nearby private parcels were unsuccessful at locating the stolen tanks.

5

In response to reports from neighbors of OHV activity at the Terra Investors property, Ranger staff scouted the interior of the property to find potential access points. Several were found in a remote, unfenced portion of the property. The OHV access points were blocked with boundary signs and logs.

The Temecula Creek Conservation Easement was patrolled by Rangers Chagolla and Fountain for homeless encampments. While no living areas were found within the RCA parcels, cut fencing and vandalized signage were located and repaired or replaced.

The Odegaard property gate was found damaged and was repaired.

Evidence of increased vehicle and OHV use was observed on the Mulder property. Additional boundary signs and “No OHV” signs were installed at access points.

Ranger Garcia patrolled the Anza Knolls, Winchester 700, Reden, JPR Inc, Martin, Walker, Santos, and De Jesus properties. All gates remained in good condition and no signs of OHV activity were observed on any of the properties.

San Jacinto HMU

Ranger staff continued to regularly patrol the OHV hotspot area of the EMWD San Jacinto River Parcels. In early stages of planning for desired large-scale OHV access controls in the area, Ranger Staff spent time identifying the many OHV access points leading into the properties. Key OHV access points originate from both privately owned properties to the south and Soboba Indian Reservation to the north.

Rangers Fountain and Chagolla discovered 300 feet of damaged fencing along the northern boundary of the Higgins Nuevo property. Temporary repairs were made to keep the property secure pending another site visit that will replace the approximately 40 T-posts that were removed. Ranger Fountain contacted a volunteer Sheriffs outpost in the area and discussed the issue of fence theft at the property.

Natural Resource Specialist (NRS) Ana Sawyer checked the Kaelyn #2 property to assess dry farming within the property’s boundary. The wheat farming incursion covered 4 acres of the southern portion of the property and was stemming from private parcels to the south. In response to the farming incursion, the southern boundary of the property was heavily signed and a letter asking for a cessation of the farming activity was mailed to the private property owner, from which the farming activity was originating.

The KB Homes River Donation was patrolled with no issues to report.

Santa Ana Mountains HMU

At the La Laguna and Bishop properties, patrols were increased to ensure that access controls were remaining intact and effective at restricting unauthorized access into the Holy Jim Fire burn scar. The fencing at the Bishop property’s western boundary (placed in the Third Quarter) was found to be effective at stopping the large spike in OHV, mountain bike, and pedestrian traffic that had occurred at the property immediately after the fire. Additionally, the large boulders placed by Elsinore Public Works during the Rice Canyon emergency work conducted in the Fall 2018, were found to also be effective at stopping OHV access into the La Laguna property. 6

The mountain bike trail network at the Temecula Escarpment (area of the Fischer, Temecula Escarpment Donation, Hong, and Tax sale #5 properties) was visited to search for new unauthorized trail building. Although no new trail construction was found to have occurred since our last visit, the miles of unauthorized new trails (majority of which occurred on private parcels) were very apparent. The gate at the Fischer property was found cut open and was repaired.

The Kamyar property was patrolled for new homeless encampments. No active camps were found within the property boundary. This property has had homeless encampment issues in the recent past.

Ranger staff patrolled Murrieta 180, Trans/Clarke, Lancina, Damietta Ranch, TNC/Monte Cristo, and Hansen Layton properties and found no issues to report.

San Timoteo HMU

MSHCP Land Management staff responded to reports of tree harvesting (including native oaks) occurring on and around the Oak Valley Partners property. The tree cuttings were documented along the northern boundary of the property. The suspect of the illegal tree harvesting was identified by a concerned citizen from a social media post, offering firewood for sale. A complaint was filed with Calimesa Code Enforcement, who later visited the site with a Sherriff’s Deputy and Ranger Chagolla. The Code Enforcement Officer and Sherriff’s Deputy made contact with relatives of the suspect. The relatives assured the officers that the individual had moved out of the area and would no longer harvest wood.

In addition, Ranger Chagolla made contact with three sets of OHV riders to the north of the Oak Valley Partners property, repaired the damages to the property’s northern gate, and worked with IERCD to gain them access through the Oak Valley interior gate, for their restoration activities.

The Palmyrita Donation and Spring Mountain Ranch Donation were patrolled with no issues to report.

Maintenance/ Fencing

Cactus Valley HMU

At the Goodhart property residence, replacement carpeting was installed, winter rain damaged roads were graded, and the shop/residence area was string trimmed.

At the Gabrych property, Staff responded to calls from neighbors about unauthorized and poorly completed road grading of Lewis Valley Road, which passes through the Gabrych property. The road is a private dirt road and six property owners share the responsibility of road maintenance. A contractor working for a new property owner, widened the road as it passes through the Gabrych property and left the road with large sandy patches. A “No Unauthorized Road Grading” sign with the MSHCP Land Management office contact number was designed and will be deployed along Lewis Valley Road to ensure private property owners work with Land Management staff on future road grading.

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Gavilan HMU

Park Maintenance staff completed road repairs and two OHV barricades at the Roth property.

Menifee HMU

The interior roads at the McElhinney/Stimmel property were tractor mowed to allow access by vehicle.

Sage HMU

A dumped refrigerator, washing machine, and trash pile were removed from the newly acquired Sances property.

San Jacinto HMU

A dumped Jacuzzi was removed from the Riverpark property. A northern road entrance which bisected the property was fenced to discourage future dumping in the property’s interior.

San Timoteo HMU

With the permission from Edison, work was completed on securing and reinforcing one of their gates located just outside the boundary of the Pecuniary property. This gate had secured the area from trespass issues in the past but had remained cut open for an extended period of time.

Weed Abatement

The Fourth Quarter signifies the peak weed abatement season for MSHCP Land Management staff. Most parcels identified for abatement stemmed from notices distributed by the Riverside County Fire Department and/or various City Code Enforcement offices. In addition, a small percentage of parcels were abated at the bequest of neighboring private property owners or in areas determined necessary by Land Management staff. Communications with the issuing entities were often necessary to strike a balance between their desired fire prevention measures and the allowable actions under the Abatement Notice.

MSHCP Land Management staff completed road side and/or neighboring structure weed abatement using string trimmers at the Bautista, Calvary Chapel, Cuccia/Vogel, Emerald Meadows, KB SJ River Donation, Pecuniary, Riverside Clark, Soboba Donation, and Scheer properties.

Roadside tractor mowing (often accompanied by string trimmer work) was completed by staff at the Carlsbad, Dilworth, Gentry, Kaelyn #1 and #2, KB Homes Coastal Donation, McCormick, Percival, Rafco, RCTC Hemet Donation, Shiang, Wilhelm Ranch, and Wolfskill/Driscoll properties.

The road side areas of several properties were herbicide treated as a means of weed abatement. Herbicide applications were done in areas with high nonnative plant growth early in the season to reduce future mechanical abatement efforts, or in areas that had been mechanically abated but were experiencing regrowth. These properties included Bolton, CALMAT, Casa Modelo, Clark, Emerald Meadows, Greenwald, North Peak 3 and 4, Pecuniary, McElhinney/Stimmel, Riverside Clark, Scheer, Soboba Donation, and Wolfskill/Driscoll. 8

Finally, using the Riverside County Parks District contracted mower, large roadside weed abatement projects were completed at the Damietta Ranch, Gozman, McElhinney/Stimmel, Riverside Clark, Skorpanich, and Trans Clark properties.

Habitat/Species Management

General

NRM Reinig prepared for and met separately with a new Mount San Jacinto College (MSJC) Intern and a new Riverside County GAIN (Greater Avenues for Independence) Program Intern to discuss the MSHCP and their summer projects of collecting seeds from native shrubs to be used for restoration purposes. A species checklist, shrub identification guide, and seed collection supplies were distributed to the interns and time was spent in the field with each intern working on shrub identification and seed collecting techniques.

Badlands HMU

Quarterly photo points were completed at the CALMAT restoration area.

Gavilan HMU

Efforts to locate surviving western pond turtles at the Bolton property were unsuccessful. Two weeks of camera trap monitoring followed by a week of active trapping efforts detected no pond turtle observations. It appears the prolonged drought has extirpated the once robust population of western pond turtles on the property.

Menifee HMU

The future Spencer’s Crossing Conservation Easement was inspected to determine annual habitat maintenance costs of the restoration area for establishing the cost of the endowment fund. The upland areas of the property were found to be nearly completely composed of dense nonnative stinknet and mustard. The restored riparian portion of the property continues to possess good stands of native vegetation but large amounts of nonnative Bassia, bristly ox-tongue, Spanish sunflower, stinknet, bull thistle, mustard, and rabbit foot grass were found invading the area. It was estimated that two bouts of seven-day treatments per year with a crew of three staff members would be necessary to maintain the site with low nonnative cover.

The Clinton Keith Wildlife Overcrossing was assessed to determine annual habitat maintenance and wildlife fencing maintenance costs for establishing an endowment fund. The site has a heavy infestation of nonnative short pod mustard dispersed amongst native forbs and shrub seedlings. It was estimated that an annual effort of ten visits per year would be required to maintain the overcrossing’s habitat and the one-way doors within the wildlife fencing.

Two MSJC Interns were accompanied by staff on a nocturnal nonnative bullfrog and crayfish removal at the Cornerstone property. Six juvenile/sub-adult bullfrogs, eight large bullfrog tadpoles, and 19 crayfish were removed from the property’s creek using an air rifle and dip net.

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Quarterly Peeper Scope checks were completed at the artificial burrowing owl burrows on the McElhinney/Stimmel property. A pair of burrowing owls was observed nesting in an artificial burrow with two eggs. Two additional pairs of owls were seen using an artificial burrow and a natural burrow but did not appear to be actively nesting. Subsequent visits and camera trap monitoring by NRS staff revealed that the nesting pair of owls failed when one of the adults was predated. The two additional pairs of owls continued to show little sign of nesting behavior by the end of the Quarter. Other portions of the property were searched twice monthly by an MSJC Intern and Paloma Valley High School Intern for additional burrowing owls.

The Anheuser Busch property was also searched by the Interns on two occasions. Despite these efforts, no owls were located. Habitat maintenance performed at the site during the Fourth Quarter included string trimming all artificial burrows by NRS staff and mowing of approximately one acre around each of the active burrows by the Riverside County Parks District contracted mower.

At the White Rocks property, two days were spent clearing weeds from the upland marijuana grow site which was dismantled by staff in 2018. The disturbed soil of the area encouraged vigorous growth of nonnative mustards and star thistle. Many native buckwheat and black sage seedlings were observed in the area as a result of previous native shrub seeding efforts.

At the Winchester 700 Murrieta property, mechanical weed removal was performed as part of the restoration being performed on the decommissioned unauthorized mountain biking trail. Seeding of California buckwheats at the restoration site in fall of 2018 has resulted in many seedlings of the native shrub at the site in the Fourth Quarter.

One day of weed removal was performed at the La Paloma coastal sage scrub restoration site.

Two MSJC Interns conducted regular visits to the ephemeral pools at the Bolton and Shiang properties to document if recent improvements to the pools were effective. The Shiang pool was improved in fall of 2018 by placement of a subterranean plastic liner and the Bolton pool was improved in fall 2014 with placement of a clay liner. In the past, both of these man-made pools would regularly inundate with rain water, then dry before the western spadefoot frogs breeding in them could complete their reproduction cycle. The Shiang pool successfully metamorphed thousands of juvenile spadefoots for the first time since monitoring began in 2007. The Bolton pond successfully metamorphed hundreds of spadefoot juveniles for the second time since improvements were completed and since monitoring of the pool began in 2008. The common versatile fairy shrimp were also documented to be abundant in both pools.

River HMU

Habitat restoration, maintenance, and monitoring of the Delhi sands flower-loving fly habitat at the Teledyne property continued. Heavy winter rains necessitated several passes of weeding in the upper dune portion of the property by staff, Work Release Program workers, and volunteers. Nonnative short-pod mustard and verbisina were both heavily targeted and were removed with hand tools prior to them seeding. Despite this, late spring rains encouraged additional late season growth of verbisina and several trash bags of verbisina seed heads were removed from the site late in the season. The system of open sandy paths needed by the Delhi fly was maintained with several treatments using a quad drawn harrow. Photo points were taken at the property’s photo stations twice during the Quarter.

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With reductions in the nonnative seed bank from multiple years of management, seed collection of native plant species that historically occupied the habitat was conducted for reintroduction to the property. A MSJC Intern was assigned the task of seed collection. The Intern collected native annual forb seeds from the Bode, Bush, Henry Conservation Easement, Soboba Donation, and Meadows at Lone Cone (SJRR) properties.

Quarterly Peeper Scope checks were completed on the artificial burrows of the Hidden Valley Wildlife Area. No burrowing owls were documented using the site.

Sage HMU

NRS Joseph Sherrock checked and maintained a water guzzler camera trap at the Winchester 700 Reed Valley property. The camera trap documented use of the water guzzler by bobcat, coyote, deer mouse, desert cottontail, dusky-footed wood rat, grey fox, mule deer, striped skunk, California scrub jay, California thrasher, greater roadrunner, California quail, and common raven. Incidental records of covered species were submitted to the MSHCP Biological Monitoring Program.

MSJC Interns conducted two checks of the Winchester 700 Reed Valley old tar paper-lined ephemeral pool. Consistent with findings in previous years, western spadefoot frogs that bread in the pool were found to be unsuccessful when their eggs failed to complete development.

An area search was conducted by NRM Reinig with two MSJC Interns at the Agua Tibia Donation for target reptiles needing species objectives met in this MSHCP Core Area (red diamond rattlesnake, granite night lizard, and San Diego mountain king snake). Although speckled rattlesnake, Gilbert’s skink, western fence lizard, and slender salamander were observed, no target species were found. During the search, signs of an active marijuana grow site were found immediately upstream of the property on National Forest land. The marijuana grow site was reported to National Forest officials (see Sage HMU portion of Patrol/Enforcement section above for details).

At the Bush property, NRS Sherrock monitored a road paving project at the adjacent Rancho California RV Resort, to ensure all work was limited to the existing pavement.

Quarterly photo points were completed at the Cordova, Gabrych, JPR Inc (6), and Mulder properties.

San Jacinto HMU

Work continued on managing habitat and monitoring burrowing owls at the Nuevo Donation burrowing owl translocation site. The artificial burrows were string trimmed and the remainder of the 87-acre parcel was mowed by staff. Communications were held with the biological consultant for Lewis Management Corp. to coordinate the purchase of two years of native seeds to be used at the site. MSHCP Land Management staff coordinated with staff of the adjacent San Jacinto Wildlife Area and contracted mowing of 100 acres of their property for the benefit of the Nuevo Donation burrowing owls.

11

Weekly visits were made to the site by a MSCJ intern to document use of the site by burrowing owls. Early in the quarter, a pair of translocated owls and two wintering owls were observed using the property’s artificial burrows. Nest checks by staff revealed the pair was actively nesting and incubating eight eggs. Unfortunately, the nest failed when both adult owls fell victim to predation events.

NRS Sawyer assisted S&S Seeds, Inc. with their special seed collection efforts for the RCA of rare alkali playa and vernal pool plant species. NRS Sawyer conducted multiple site visits to several RCA properties to identify locations of the target species. Location records were transmitted to S&S Seeds, Inc., who was able to collect the desired density of seeds from 11 of the targeted species.

NRS Sawyer and a volunteer removed three trash bags of scattered stinknet from the RCTC Dilworth Donation #2 property, in hopes of stopping the spread of this species. This aggressive nonnative weed is in early stages of infestation at the property.

Quarterly photo points were completed at the Carlsbad, EMWD Conservation Easement, KB Home Coastal Donation, Warren Road Partners, and Wilhelm Ranch properties.

Santa Ana Mountains HMU

Work was continued on habitat management and monitoring at the Saddleback Munz’s onion salvage site. NRS staff, with the help of volunteers, spent several days removing aggressive weeds from the site. A record high of 117 Munz’s onions where observed growing in the salvage site.

Quarterly photo points were completed at the Bishop and La Laguna properties.

San Timoteo HMU

Quarterly photo points were completed at the Bode property.

Acquisitions

Initial Site Inspections

Circle K Donation – the parcel was assessed for potential access options. With modifications to existing fencing, access to the property from the southwest was determined be adequate for management purpose.

Escarpment Investors –The parcel was found to be vegetated with a mix of dense chaparral interspersed with native forbs, native and non-native grassland, and coastal sage scrub. A patch of long-spined spineflower (a MSHCP covered plant species) was also observed on the property. The property was found to have a high density of new mountain bike trails crossing through it. The location of two small piles of trash and several missing property markers were conveyed to Riverside County EDA.

12

Fleming French Valley – A re-inspection of the property was conducted. All trash was found to have been adequately removed. The property consists of approximately 11 acres of coastal sage scrub and 38 acres of cultivated barley. The historical farming practices of the property and its proximity to existing California gnatcatcher occupied habitat, indicates that it was an ideal candidate for active restoration.

Fletcher – the property consists of steep hills of chaparral which had recently burned. No trash issues were observed. The location of several missing witness markers was conveyed to Riverside County EDA.

Hernandez - The property consists of hilly terrain with recently mowed native and non-native herbaceous cover. Small patches of coastal sage scrub were also noted on the property. No trash issues were found.

JP Ranch –The property consists of low quality sage scrub habitat. Much of property had been the site of active habitat restoration that was found to be in poor condition. Concerns with the inadequate restoration were conveyed to the RCA and the locations of the property’s missing property markers were conveyed to Riverside County EDA.

Sances – A re-inspection of the property was conducted. Trash identified during the original inspection was found to still be present. The seller subsequently accepted a clean-up cost estimate provided by the MSHCP Land Management unit. The cleanup will be completed by staff once the property closes escrow.

Stump –The parcel consists of flat topography with a good mix of low growing native forbs. The property is enclosed in 3-rail vinyl and wire mesh fencing and is surrounded by equestrian properties. No trash issues were observed. The locations of missing property markers were conveyed to Riverside County EDA.

Rahmati –the property consists of healthy chaparral and riparian habitat and includes a stretch of De Luz Creek. Several issues with structures and trash on the property were conveyed to Riverside County EDA.

TNC Anderson – The property contains approximately 10 acres of healthy chaparral, as well as 9 acres of oak savannah habitat with native bunch grasses, live oaks, and numerous Engelmann oak adults, seedlings, and saplings. As such, this is a property with exceptionally high conservation value. No trash issues were detected, and all property markers were found to be present.

Wilder –The property consists of moderate quality alluvial fan sage scrub habitat and includes a portion of the San Jacinto River. Several issues of trash on the property were noted and conveyed to Riverside County EDA.

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AGENDA ITEM NO. 8.3

Attachment 4

SANTA ANA WATERSHED ASSOCIATION

September 9, 2019 Agenda Item No. 8.3 Attachment 4

CONSULTANT REPORT SAWA – BIOLOGICAL MONITORING PROGRAM (BMP) FISCAL YEAR 2018/2019 FOURTH QUARTER REPORT

Report Covers Period: 04/01/19 – 06/30/19

Services provided during current work period:

Biological monitoring surveys conducted: • Burrowing Owl artificial burrow condition assessment surveys (for management purposes). • Burrowing Owl pair counts via trail cameras. • Grasshopper Sparrow point transect surveys continued. • Riparian Bird point count surveys emphasizing Yellow Warbler and Yellow-breasted Chat conducted. • Vernal pool surveys continued to document adults and breeding evidence of Western Spadefoot and fairy shrimp at ephemeral pools located on newly acquired conserved lands and at historically occupied sites. • Rare plants via area-constrained visual encounter surveys at conserved locations known or suspected to support covered rare plant species. • Nocturnal presence/absence survey conducted at Bautista Creek for Arroyo Toad.

Collaborations: • Avian Taxa Lead attended (via Skype) an interagency working group meeting in Temecula focusing on mountain lions on 4/19/19. • Avian Taxa Lead attended a meeting at RCA regarding Burrowing Owl. • Mammal Taxa Lead coordinated with Metropolitan Water District and Riverside County Habitat Conservation Agency (RCHCA) for access to properties in Core C to ground truth future Long-tailed Weasel surveys. • Taxa Leads continue collaborating with MSHCP Natural Resources Manager to share information regarding RCA-owned lands with sensitive habitats and species. • Collaboration continuing with Center for Natural Lands Management, San Jacinto Wildlife Area (SJWA), and Multi-Species Reserve on Burrowing Owl burrow check surveys. • Coordination continuing with California Department of Fish and Wildlife (CDFW) staff at SJWA regarding management of the Tricolored Blackbird breeding and foraging habitat. • Botany Taxa Lead collaborated with Riverside County Parks Management to share information regarding a seed collecting project, species photos for Managers presentation; surveys at the new Dilworth property for any Covered Species presence, and at Rice Canyon (La Laguna Donation) for Coulter's Matilija poppy. • Herp Taxa Lead collaborated with Orange County Water District (OCWD) and Riverside- Corona Resources Conservation District (RCRCD) staff on fish identification in Sunnyslope Creek. Page 1 of 2

Accomplishments: • 2018 MSHCP Biological Monitoring Program (BMP) Annual Report submitted. • 2018 Quino Checkerspot Butterfly Survey Report submitted. • 2018 Delhi Sands Flower-loving Fly report submitted. • 2018 Englemann Oak Survey report submitted. • Second Field Biologist passed Quino Checkerspot Butterfly exam. • Revised cost estimate for first year of a five-year monitoring effort at Clinton Keith wildlife overcrossing was finalized and accepted. • Collected data for Burrowing Owl, Grasshopper Sparrow; Yellow Warbler, Yellow-breasted Chat, Western Spadefoot; Quino Checkerspot Butterfly; Riverside Fairy Shrimp and rare plants. • Met objectives necessary for the following rare plant species to be adequately conserved under the MSHCP: Beautiful Hulsea, Coulter's Matilija Poppy. Graceful Tarplant, Parry's Spine Flower, Peninsular Spine Flower, Plummer's Mariposa Lily, Small-flowered Microseris, Fish's Milkwort. • Ten additional covered plant species detected during rare plant surveys. • Burrowing Owl artificial burrow condition assessment (for management purposes) completed. • Vernal pool surveys for fairy shrimp and Western Spadefoot completed 4/5/19. • Quino Checkerspot Butterfly surveys completed on 6/12/19. • Confirmed breeding of Arroyo Toad at San Juan and Arroyo Seco Creeks. • Incidentally confirmed breeding of Santa Ana Sucker at Martha McLean/Anza Narrows Regional Park. • Interim MSHCP BMP Administrator posted job announcements for Data Manager, Field Biologist and Biologist Supervisor openings • Interim MSHCP BMP Administrator and Avian Taxa Lead conducted interviews for Field Biologist and Biologist Supervisor. • Interim MSHCP BMP Administrator hired new Field Biologist and Biologist Manager. • Hosted two monthly monitoring/management coordination meetings with local land managers and wildlife agency representatives.

Training: • Mammal Taxa lead and Field Biologist attended Botany for Wildlifers 5/1-4/19 in San Luis Obispo. • Staff meeting occurred on 5/8/19: cleaned and conducted safety checks on the vehicles, discussed new Interim BMP Administrator, surveys and report status. • Newly hired Field Biologist studied specimens of Covered Species at the UC Riverside Herbarium, under the direction of the Botany Taxa Lead. • Field Biologists (4) observed Covered Species at known occurrences, field-tested ability to correctly identify covered species of interest. All Rare Plant observations made without Botany Taxa Lead were specimen or photo verified. A practical test on these species will be given next quarter.

Status of Deliverables: 2018 • Species Occurrence Dataset: in progress • Survey Reports: completed and submitted • Annual Report: completed and submitted 2019 • Jan-Mar Quarterly report submitted Page 2 of 2

AGENDA ITEM NO. 8.3

Attachment 5

DOUGLAS P. WHEELER HOGAN LOVELLS US LLP

September 9, 2019 Agenda Item No. 8.3 Attachment 5

AGENDA ITEM NO. 8.4

RESOLUTION 2019-009 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR THE JURUPA MOUNTAIN GRANT FOR ACQUISITION OF REAL PROPERTY STAFF REPORT September 9, 2019 Agenda Item No. 8.4

Regional Conservation Authority

RESOLUTION NO. 2019-009 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR THE JURUPA MOUNTAIN GRANT FOR ACQUISITION OF REAL PROPERTY

Staff Contact: Brian Beck Analyst (951) 955-9700

Background:

Assembly member Sabrina Cervantes has obtained a $15 million grant for the RCA to acquire land in the Jurupa Mountain area of the Western Riverside Multiple Species Habitat Conservation Plan. The grant will be administered by the State of California Natural Resources Agency. In order to receive the grant funds, the RCA Board of Directors must approve a resolution authorizing the acceptance of the grant funds. Legal counsel has reviewed the resolution and recommends approval.

Staff Recommendation:

That the RCA Board of Directors adopt Resolution No. 2019-009, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for the Jurupa Mountain Grant for Acquisition of Real Property.

Attachment

Resolution No. 2019-009

AGENDA ITEM NO. 8.4 Attachment

Resolution 2019-009

Western Riverside County Regional Conservation Authority

September 9, 2019 – Agenda Item No.8.4

Resolution No. 2019-009

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE JURUPA MOUNTAIN GRANT AND AUTHORIZING ENTERING INTO A GRANT AGREEMENT WITH THE CALIFORNIA NATURAL RESOURCES AGENCY FOR THE JURUPA MOUNTAIN GRANT.

WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and

WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and

WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of applications before submission of said applications to the state; and

WHEREAS, the Grantee will enter into an agreement with the State of California for the subject project:

NOW, THEREFORE, BE IT RESOLVED that the Western Riverside County Regional Conservation Authority.

1. Approves the acceptance of general fund allocation for local assistance for the above project; and

2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

3. Certifies that said agency will have sufficient funds to operate and maintain the project or will enter into an agreement with another entity to perform said operation and maintenance; and

4. Certifies that said agency has reviewed and understands the General Provisions contained in the Project Agreement shown in the Procedural Guide; and

5. Appoints the Executive Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.

______Jonathan Ingram, Chair

Approved and adopted the 9th day of September 2019. I, the undersigned, hereby certify that the foregoing Resolution Number 2019-009 was duly adopted by the Board of Directors of the Western Riverside County Regional Conservation Authority.

______Honey Bernas, Clerk of the Board

AGENDA ITEM NO. 8.5

RESOLUTION 2019-010 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY STAFF REPORT September 9, 2019 Agenda Item No. 8.5

Regional Conservation Authority

RESOLUTION NO. 2019-010 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Staff Contact: Brian Beck Analyst (951) 955-9700

Background:

On June 3, 2019, the Board of Directors approved the purchase of Assessor Parcel Number 932- 190-017. The Wildlife Conservation Board (WCB) desires to assist the RCA by providing federal and state grant funding to help complete this acquisition. Staff recommends approval of the attached resolution to accept the grant funding from WCB.

Staff Recommendation:

That the RCA Board of Directors adopt Resolution No. 2019-010, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

Attachment

Resolution No. 2019-010

AGENDA ITEM NO. 8.5 Attachment

Resolution 2019-010

Western Riverside County Regional Conservation Authority

September 9, 2019 – Agenda Item No.8.5

Resolution No. 2019-010

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING ENTERING INTO GRANT AGREEMENTS WITH THE WILDLIFE CONSERVATION BOARD AND AUTHORIZING THE ACQUISITION OF ALL OR A PORTION OF ASSESSOR’S PARCEL NUMBER 932-190-017 TOTALING APPROXIMATELY 19.91 ACRES IN THE COUNTY OF RIVERSIDE.

Resolved, That the Board of Directors of the Western Riverside County Regional Conservation Authority hereby:

1. FINDS that acquisition of the identified property is exempt from the provisions of the California Environmental Quality Act; 2. FINDS that the identified property possesses high ecological and habitat value; 3. FINDS that the use of referenced grant funds for acquisition of the identified property is an appropriate expenditure; 4. ADOPTS the staff report and recommendation for this item; 5. AUTHORIZES the execution of California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest number WC-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 6. AUTHORIZES the execution of California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest number SG-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 7. AUTHORIZES the acceptance of fee title to the identified property; and 8. AUTHORIZES Charles V. Landry, Executive Director, to do any and all acts necessary to carry out this resolution and any recommendations made by the Board of Directors.

______Jonathan Ingram, Chair

I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Board of Directors of the Western Riverside County Regional Conservation Authority, duly noticed and held according to law, on the 9th day of September, 2019.

Date: ______Charles V. Landry, Executive Director AGENDA ITEM NO. 8.6

RESOLUTION 2019-011 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY STAFF REPORT September 9, 2019 Agenda Item No. 8.6

Regional Conservation Authority

RESOLUTION NO. 2019-011 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Staff Contact: Brian Beck Analyst (951) 955-9700

Background:

On June 3, 2019, the Board of Directors approved the purchase of Assessor Parcel Number 932- 190-018. The Wildlife Conservation Board (WCB) desires to assist the RCA by providing federal and state grant funding to help complete this acquisition. Staff recommends approval of the attached resolution to accept the grant funding from WCB.

Staff Recommendation:

That the RCA Board of Directors adopt Resolution No. 2019-011, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property.

Attachment

Resolution No. 2019-011

AGENDA ITEM NO. 8.6 Attachment

Resolution 2019-011

Western Riverside County Regional Conservation Authority

September 9, 2019 – Agenda Item No.8.6

Resolution No. 2019-011

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING ENTERING INTO GRANT AGREEMENTS WITH THE WILDLIFE CONSERVATION BOARD AND AUTHORIZING THE ACQUISITION OF ALL OR A PORTION OF ASSESSOR’S PARCEL NUMBER 932-190-018 TOTALING APPROXIMATELY 23.66 ACRES IN THE COUNTY OF RIVERSIDE.

Resolved, That the Board of Directors of the Western Riverside County Regional Conservation Authority hereby:

1. FINDS that acquisition of the identified property is exempt from the provisions of the California Environmental Quality Act; 2. FINDS that the identified property possesses high ecological and habitat value; 3. FINDS that the use of referenced grant funds for acquisition of the identified property is an appropriate expenditure; 4. ADOPTS the staff report and recommendation for this item; 5. AUTHORIZES the execution of California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest number WC-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 6. AUTHORIZES the execution of California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest number SG-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 7. AUTHORIZES the acceptance of fee title to the identified property; and 8. AUTHORIZES Charles V. Landry, Executive Director, to do any and all acts necessary to carry out this resolution and any recommendations made by the Board of Directors.

______Jonathan Ingram, Chair

I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Board of Directors of the Western Riverside County Regional Conservation Authority, duly noticed and held according to law, on the 9th day of September, 2019.

Date: ______Charles V. Landry, Executive Director AGENDA ITEM NO. 8.7

RESOLUTION 2019-012 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY STAFF REPORT September 9, 2019 Agenda Item No. 8.7

Regional Conservation Authority

RESOLUTION NO. 2019-012 RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR ACQUISITION OF REAL PROPERTY

Staff Contact: Brian Beck Analyst (951) 955-9700

Background:

On today’s closed session agenda, the Board of Directors is considering the purchase of Assessor Parcel Number 932-160-024. Details of the price and terms of the proposed purchase will be provided in closed session. The Wildlife Conservation Board (WCB) desires to assist the RCA by providing federal and state grant funding to help complete this acquisition. Staff recommends approval of the attached resolution to accept the grant funding from WCB, conditionally upon the approval of the proposed purchase in closed session.

Staff Recommendation:

That the RCA Board of Directors adopt Resolution No. 2019-012, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Authorizing the Acceptance of Grant Funds for Acquisition of Real Property. The approval shall be conditional upon the Board’s approval, in closed session, of the proposed purchase.

Attachment

Resolution No. 2019-012

AGENDA ITEM NO. 8.7 Attachment

Resolution 2019-012

Western Riverside County Regional Conservation Authority

September 9, 2019 – Agenda Item No.8.7

Resolution No. 2019-012

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AUTHORIZING ENTERING INTO GRANT AGREEMENTS WITH THE WILDLIFE CONSERVATION BOARD AND AUTHORIZING THE ACQUISITION OF ALL OR A PORTION OF ASSESSOR’S PARCEL NUMBER 932-160-024 TOTALING APPROXIMATELY 18.88 ACRES IN THE COUNTY OF RIVERSIDE.

Resolved, That the Board of Directors of the Western Riverside County Regional Conservation Authority hereby:

1. FINDS that acquisition of the identified property is exempt from the provisions of the California Environmental Quality Act; 2. FINDS that the identified property possesses high ecological and habitat value; 3. FINDS that the use of referenced grant funds for acquisition of the identified property is an appropriate expenditure; 4. ADOPTS the staff report and recommendation for this item; 5. AUTHORIZES the execution of California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest number WC-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 6. AUTHORIZES the execution of California Wildlife Conservation Board Subgrant Agreement for Acquisition of Fee Interest number SG-_____ and the acceptance of grant funds from the Wildlife Conservation Board for the purpose of acquisition of the identified property; 7. AUTHORIZES the acceptance of fee title to the identified property; and 8. AUTHORIZES Charles V. Landry, Executive Director, to do any and all acts necessary to carry out this resolution and any recommendations made by the Board of Directors.

______Jonathan Ingram, Chair

I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Board of Directors of the Western Riverside County Regional Conservation Authority, duly noticed and held according to law, on the 9th day of September, 2019.

Date: ______Charles V. Landry, Executive Director

AGENDA ITEM NO. 8.8

GRAND JURY REPORT

STAFF REPORT September 9, 2019 Agenda Item No. 8.8

Regional Conservation Authority

RESPONSE TO THE 2018-2019 GRAND JURY REPORT: WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

Staff Contact: Charles V. Landry Executive Director (951) 955-9700

Background:

On June 26, 2019, the Riverside County Civil Grand Jury issued a report concerning the Western Riverside County Regional Conservation Authority (RCA).

Attached is a copy of RCA’s response and the report.

Staff Recommendations:

That the RCA Board of Directors:

1) Approve the attached response to the 2018-2019 Grand Jury Report: Western Riverside County Regional Conservation Authority; and

2) Direct the Clerk of the Board to forward the final response to the Riverside County Grand Jury, the Presiding Judge of the Superior Court of California – County of Riverside, and the Riverside County Clerk-Recorder.

Attachments:

1) Western Riverside County Regional Conservation Authority Response to 2018-2019 Grand Jury Report

2) 2018-2019 Grand Jury Report: Western Riverside County Regional Conservation Authority

AGENDA ITEM NO. 8.8

Attachment 1

GRAND JURY RESPONSE

September 9, 2019 Agenda Item No. 8.8 Attachment 1

RESPONSE TO 2018-19 GRAND JURY REPORT WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

The Western Riverside County Regional Conservation Authority (RCA) received a report from the Riverside County Civil Grand Jury (Grand Jury) on June 26, 2019.

RCA appreciates the Grand Jury’s time and effort, and the Grand Jury’s acknowledgement that the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), as overseen by the RCA, “has provided great value to the County in terms of acceleration of transportation infrastructure, development and preservation of the habitat of endangered and threatened species.”

However, many of the Grand Jury’s findings and recommendations are factually inaccurate or demonstrate a lack of fundamental understanding about the MSHCP and the RCA’s operations, responsibilities and structure. In some cases, the Grand Jury’s findings, such as criticizing board oversight and recommending that RCA be merged with another agency, seem inconsistent.

Most distressing, the Grand Jury Report incorrectly states (and the local media subsequently reported) that Riverside County and the 18 partner cities involved in the MSHCP and RCA face financial risk for land acquisition costs. This is grossly inaccurate. Nothing in the MSHCP, permits, RCA Joint Exercise of Powers Agreement (JPA) or Implementing Agreement could be construed as to require obligation, appropriation or any expenditure of any money from the County or the cities.

Eight of the most significant examples within the Grand Jury Report of factual inaccuracy or a lack of fundamental understanding related to the RCA are listed below:

1. Factually Inaccurate: The Grand Jury Report misstates that the RCA is responsible for managing and patrolling 400,000 acres of existing reserve land. In fact, the agency is responsible for such activities on just 61,580 acres of those existing reserve lands.

2. Factually Inaccurate, Lack of Fundamental Understanding: The Grand Jury Report estimates that up to $1.5 billion will be needed to complete the MSHCP, and erroneously states that this figure represents a significant financial risk to the County. Nothing in the MSHCP, permits, the JPA or Implementing Agreement could be construed as to require obligation, appropriation or any expenditure of any money from the County or the Cities. Further, the actual projected sum to complete the local obligation is $770 million to complete acquisitions and an additional $64 million for the endowment. The remainder is a federal and state obligation.

3. Lack of Fundamental Understanding: The Grand Jury Report questioned the RCA’s $200,000 contract with a Washington, D.C., lobbying firm but ignored that those lobbyists

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have secured more than $25 million in funding for the RCA -- a healthy return on investment for taxpayers.

4. Factually Inaccurate, Lack of Fundamental Understanding: The Grand Jury Report misstates that federal legislation to provide new grant funding opportunities for the RCA, “did not advance sufficiently before the end of the last Congressional session.” In fact, the momentum of those discussions resulted in new federal legislation that would provide grant funding opportunities to the RCA, namely HR2956, being introduced during the current Congressional session by Congressman Ken Calvert (CA-42) and cosponsored by Rep. Mark Takano (CA-41) and Rep. Pete Aguilar (CA-31). A companion Senate bill is expected soon.

5. Factually Inaccurate: The Grand Jury Report states that land for the MSHCP was expected to be acquired for $4,000 per acre. This figure is incorrect as the MSHCP estimated reserve land would be acquired at $13,100 per acre (MSHCP Section 8.3.1). Further, the average purchase price of land has been substantially lower at approximately $8,500 per acre, and that has remained consistent. Staff estimates (per the latest draft Nexus Study Update) that the average per acre cost will increase to $13,500 until the completion of the acquisition phase, due to increases in land value and development pressure.

6. Factually Inaccurate: The Grand Jury report states the RCA’s acquisition of the Anheuser Busch, LLC, as part of a $46 million legal settlement escalated the land purchase costs of neighboring properties, and restricted RCA’s available land purchase funds. However, RCA has not seen an escalation in surrounding land values after the Anheuser Busch acquisition. Furthermore, when this property became available, the RCA had purchase funds available to acquire the Anheuser Busch land, which was critical to the reserve system. The Grand Jury also overlooked that the RCA continued negotiation efforts after the settlement which ultimately reduced the cost of this land by more than $4 million.

7. Lack of Fundamental Understanding: The Grand Jury Report states the RCA’s Annual Report identifies how many acres have been designated for future conservation but does not state when those lands will be added to the reserve. What the Grand Jury Report overlooks is that development projects provide land to the MSHCP at the final stage of the project approval, such as when a grading permit is issued. The MSHCP cannot require land transfers or dedications for proposed projects that are still completing the environmental and entitlement review process as some projects may be abandoned or postponed. For this reason, the Annual Report cannot estimate when new land will be added to the reserve. Further, linking land transfers to grading permits provides reliability that should a Project occur, the lands will be transferred.

8. Factually Inaccurate: The Grand Jury Report questions why a census has never been conducted of every one of the 146 individual species protected by the MSCHP. However, the Report overlooks that the RCA, like every Habitat Conservation Agency in the nation,

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cannot trespass on property to conduct species surveys on land they do not own. Surveys conducted on MSHCP reserve lands have detected 141 of the 146 species. Furthermore, the Grand Jury Report displays a fundamental lack of understanding of conservation modeling. It is an accepted and proven practice by regional HCPs/NCCPs nationwide to develop conservation strategies based on baseline species occurrence data and mapping of vegetation, soils, hydrology, topography, elevation, and other data. Using this information, modeling is performed to reliably predict species populations that will be protected when lands with the right criteria are conserved and managed in perpetuity.

FINDINGS AND RECOMMENDATIONS

1. Inadequate Board Oversight Finding: RCA Board Members often have a limited understanding of the very complex requirements and obligations of this conservation agency. They need more measurable information on the long term trends of the RCA. Many elected Board Members do not remain on this Board for more than a few years, and so institutional memory of the Board is often limited. Only the Executive Board appears to make decisions about setting the agenda.

Recommendation: The RCA Executive Board needs to ensure that all Board Members are adequately trained in the mission and operational mechanisms of The Plan. Board Members must fully understand their essential role as primary policy makers of the RCA. The Executive Board should develop timely evaluations of the performance of The Plan, and report on the progress of RCA in meeting its goals to the Board. They need to ensure that information about the long-term trends of this agency is understood by all Board Members.

RESPONSE Finding - Wholly Disagree: The current average tenure for Board Members is four years, and the 2018 average tenure was six years. New Board Members attend a comprehensive orientation and participate in monthly Board meetings. Many Board Members also participate in RCA committee meetings as well. Board Members also frequently interact with staff and request information. RCA Bylaws provide that any member of the Board may request an item be placed on an agenda, which is not unlike the laws and policies for creating agendas at any of the RCA’s 18 member cities or the Board of Supervisors.

Recommendation Has Been Implemented: For many years, it has long been the policy and the practice for the RCA Board to receive an update from the RCA Executive Director at every monthly Board meeting as to the number of acres in the reserve, including how many acres have been acquired since the last meeting, as well as what potential lands are currently being discussed for potential acquisition. These presentations, coupled with related Board materials and reports, detail the long-term trends and performance of the MSHCP. The RCA Board is aware the agency has until 2029 to meet its acquisition

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obligations and has been actively exploring various strategies for meeting this commitment.

2. Board Lack of Awareness of Financial Pitfalls Finding: The RCA Board has not acknowledged its inability to meet the current time table for acquisition of habitat conservation lands. The current rate of land acquisition has slowed to the point where it is unlikely to expect that it will meet The Plan’s goal of completion of habitat land reserve within the remaining ten years of the 25 year plan.

Recommendation: The Executive Board needs to direct the RCA staff to provide members of the Board with actionable information about the long term trends in income and land reserve. This will illuminate the concern about progress toward the land acquisition goal of The Plan.

RESPONSE Finding - Wholly Disagree: The RCA Board receives an update from the RCA Executive Director at every monthly Board Meeting as to the number of acres in the reserve, including how many acres have been acquired since the last meeting. As such, the Board is kept informed and is fully aware that 61,514 acres – or more than 40% – of the required reserve has been acquired during 60% of the acquisition phase. Like all public agencies, the RCA is impacted by economic cycles, including the Recession that struck just four years after the RCA was formed and lingered over Riverside County. Significant progress has been made in the wake of this severe economic downturn.

Recommendation Has Been Implemented: As noted above, the RCA Board receives an update from the RCA Executive Director at every monthly Board Meeting as to progress being made on the MSHCP, as well as related reports and materials outlining the MSHCP’s status and financial outlook. The RCA Board is aware the agency has until 2029 to meet its acquisition obligations and has been actively exploring various strategies for meeting this commitment. Strategies include, but not limited to, the new federal legislation that would provide funding and savings opportunities to the RCA, namely HR2956, which was introduced during the current Congressional session by Congressman Ken Calvert (CA- 42) and cosponsored by Rep. Mark Takano (CA-41) and Rep. Pete Aguilar (CA-31). A companion Senate bill is expected soon.

The RCA and its lobbyists have also been involved in pursuing loan opportunities for habitat conservation as part of the pending “America's Transportation Infrastructure Act," which seeks to provide $287 billion over five years for surface transportation programs.

3. Over $1 Billion Will Be Needed Within the Next Ten Years Finding: Even with the RCA’s recent estimate of land acquisition costs at $13,000 per acre, the necessary land acquisition costs to complete The Plan are expected to be a staggering

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$1.0 to $1.5 billion dollars. This represents a significant financial risk to the County.

Recommendation: The Executive Board urgently needs to work with the RCA staff to identify all options anticipated in the 2017 Nexus report regarding the revision of the scheduled mitigation fees. In addition to other funding mechanisms, including loans and alliances with other federal agencies, the Board should explore other options to meet the overwhelming costs of future land acquisition. The Executive Board should make recommendations, provide justification for proposed mitigation rate increases and present other tax options to the entire Board for review and confirmation. Tax options are described in the 2008 Rand report. The Board should convene the Funding Coordination Committee, which is described in The Plan, Volume 1, Section 6.6.2.D, and meet with the wildlife agencies to address these common funding concerns. All agencies, including the wildlife agencies, need to improve collections to meet their land acquisition goals.

RESPONSE Finding – Wholly Disagree: The MSCHP estimated the average price per acre would be $13,100. However, the average purchase price of land has been substantially lower at approximately $8,500 per acre, and that has remained constant. It is estimated that $770 million will be needed to acquire the remaining local obligation acreage, or about half of the sum that the Grand Jury Report estimates, according to the draft Nexus Study Update.

Concerning risk to the County, the obligations of the County are limited to those set forth in the MSHCP, Permits, JPA and Implementing Agreement. Nothing in the agreements is to be construed to require the obligation, appropriation, or expenditure of any money from the County or cities. (See Section 22 of the Joint Exercise of Powers Agreement and Section 27.11 of the Implementing Agreement.)

The Grand Jury Report overlooks that the permits held by the RCA have mitigated risks to the county and to date has saved taxpayers more than $500 million by accelerating the construction of over $5 billion in major freeway and road improvements across Western Riverside County by two to five years. These include nearly one dozen railroad/grade separations in Riverside, Corona and other communities, as well as more than 30 critical road projects such as the SR-91/I-15 Freeway improvements, the Clinton Keith extension, the Newport Road Interchange, the I-215 widening, and the SR 60 Freeway truck lanes now being built.

Similarly, the MSHCP managed by the RCA has streamlined the construction of new businesses and neighborhoods across Western Riverside County and has helped create more than 70,000 jobs.

Recommendation Has Been Implemented: The Draft Nexus Study Update estimates that average price per acre will increase to $13,500. The Nexus Study Update will be presented to the RCA Board in coming weeks and will outline potential changes to

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scheduled mitigation fees. As noted above, the financial position of RCA is presented to the Board on a quarterly basis, and RCA staff meets regularly with wildlife agencies to address funding and a wide range of conservation and habitat issues.

In addition, other funding mechanisms, including grants and the funding opportunities through aforementioned federal legislation introduced by Congressman Ken Calvert (CA- 42) and cosponsored by Rep. Mark Takano (CA-41) and Rep. Pete Aguilar (CA-31) are also being explored by the Board to meet the land acquisition commitment. RCA has and continues to explore possible revenue raising options, including those as recommended by RAND.

The RCA is in the process of convening the Funding Coordination Committee.

4. Endowment Fund is Underfunded Finding: The Plan calls for an endowment fund of $70,000,000 to support future monitoring and maintenance of habitat lands. At this time, the fund is severely underfunded currently at about $5,800,000. The failure to build this reserve fund, the interest income of which would fund habitat maintenance activities in perpetuity, could obligate the participating cities to carry these costs after completion of the land acquisition requirement.

Recommendation: The Executive Board should require the RCA staff to propose options for building the endowment fund to the level of $70,000,000 to support habitat monitoring and maintenance for the remaining 50 years of The Plan. The RCA management staff needs to clearly report on the level of the underfunded endowment reserves for future protection of the MSHCP lands in conjunction with the quarterly budget reports.

While it is possible to delay the accumulation of an endowment fund for future habitat monitoring and maintenance, doing so would reduce the time needed to reach the land acquisition goal. It would be a risky option since recent fee collections have been so low. The entire Board needs to be aware of the status of resources needed to complete the acquisition of the land reserve and the endowment to support the maintenance of the future expansive land reserve. They should review proposals to seek nonprofit funding to build up the endowment.

RESPONSE Finding – Agree in Part: The MSHCP funding plan anticipated that all excess revenues over expenditures annually would transfer to the endowment fund without any consideration to restrictions of certain types of funding. When funds are available, RCA sets aside money in the endowment fund. In addition, donor endowments are sometimes received for land donations.

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Concerning the potential for participating cities to have to carry monitoring and maintenance costs, the obligations of the participating cities and the County are limited to those set forth in the MSHCP, Permits, JPA and Implementing Agreement. Nothing in the agreements is to be construed to require the obligation, appropriation, or expenditure of any money from the County or cities. (See Section 22 of the Joint Exercise of Powers Agreement and Section 27.11 of the Implementing Agreement.)

Recommendation Has Been Implemented: As noted above, the Board is apprised monthly regarding the status of the MSHCP, and financial reports are presented on a quarterly basis. Additionally, the draft Nexus Study Update outlining mitigation fee changes will be presented to the Board in coming months. Other new, potential federal funding sources as noted above are also pending that may create opportunities for increasing the endowment fund. The lands required for the Wildlife Refuge will be managed by the federal government, which will reduce management costs and the amount of the required endowment.

5. Efficiencies of Outside Contractors vs. In-House Staff Finding: RCA outsources many costly contracts to outside parties for legal services, plan implementation, real property services, and other professional services. These costs drain the limited general funds, used to build up the endowment and other services. RCA contracts with an outside company to act as a middle-man for projects that are negotiated between developers and RCA staff. The outside company agents explain the MSHCP process, provide interpretation and deliver a completed packet of documents for the RCA joint project reviews.

Recommendation: RCA management staff should review the use of internal staffing versus the use of many costly outside contractors. More biological assessment and land acquisition activities could be brought in-house. Trained in-house staff could handle more basic biological assessment and land acquisition duties. Many fees paid to outside contractors could be reduced by efficient use of internal staffing.

RESPONSE Finding – Wholly Disagree: By contracting some specialized tasks to outside parties, the RCA maintains cost efficiencies that save the agency annual salaries, benefits, and pension costs, as well as office space and equipment costs. Hiring additional staff would incur substantial additional costs as it would necessitate significant increases to the RCA office space, equipment and maintenance costs, as well as the need for fleet vehicles.

Recommendation Has Been Implemented: The RCA has analyzed its outside contracts and determined that without these outside contracts, the agency would need 37 additional employees, such as in-house attorneys with specialties in environmental law, property law and the Brown Act to a real estate services team, to land management crews and monitoring crews. For example, RCA uses an outside contractor to support Joint Project Reviews.

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Replacing that contractor with in-house staff would nearly double RCA’s cost for those tasks alone. Outside contracting allows RCA to pay for only the services it needs at a fraction of the cost of full-time employees. This allows the RCA to avoid incurring substantial long-term pension liabilities and creates flexibility during financial downturns that impact acquisition activities.

6. Insufficient Financial Commitment for Maintenance & Security of Habitat Reserve Finding: The Plan Land Management budget does not provide sufficient park rangers for increased land patrol and maintenance responsibilities of the expanding habitat reserve. The maintenance and security of the current accumulated 400,000 acres of conservation land is suffering from damages caused by fires and floods, as well as off-highway vehicles (OHV), and homeless encampments. This damage will only increase in the future.

Recommendation: Shift resources to add more contract land management park rangers. Coordinate with County Sheriff and Code Enforcement Departments to assist park rangers in controlling on-going [sic] damage to the habitat reserve from trespassers, mountain bikes and excess motor sport vehicles, as well as homeless encampments. Seek available grants from California Off-Highway Motor Vehicle Registration for management of OHV recreation and security. Use funds for posting signage and limiting vehicle access into the preserve and for repairs on the expanded acreage of protected lands.

RESPONSE Finding – Wholly Disagree: This finding is factually incorrect as the RCA is not responsible for managing 400,000 acres. RCA currently successfully manages approximately 62,000 acres. It also makes broad assumptions regarding OHV and homeless issues that are not substantiated.

Recommendation Has Been Implemented: In recent years, the level of recreation occurring on RCA reserve lands has greatly increased, particularly mountain biking. The RCA is working with outside entities and the Riverside County Regional Park and Open- Space District to help facilitate more effective patrol options for RCA Rangers. RCA Rangers have and continue to work with Riverside County Off-Highway Vehicle Enforcement and local Code Enforcement offices to address trespassing, off-highway vehicles, and homeless encampments. They also work with the California Department of Fish and Wildlife Wardens to address poaching and 1600 violations. Efforts to empower the RCA Rangers to issue citations are currently underway to help reduce OHV and mountain biking infractions. Fires and floods cannot be predicted and may occur on conservation lands. RCA is proactive in its efforts to protect and minimize damage caused by fires and floods. RCA performs weed abatement, especially along roadways and point source ignition areas, several times a year. Further, the RCA already uses funds for posting of signs and to limit vehicle, mountain biking and hiking access into areas of the reserve, and for conservation activities on protected lands.

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The Grand Jury Report erroneously recommended seeking grants through the California Off-Highway Motor Vehicle Registration Grants program; however, such grants are not available to the RCA. This program is only available to eligible agencies and organizations that develop, maintain, and operate OHV recreation areas. The RCA does not conduct these activities. The use of off-highway vehicles is prohibited on RCA conservation land. However, staff will continue to explore other grant funds that RCA may be eligible for.

7. Legislative Solutions for Funding Are Far From Certain Finding: RCA continues to spend over $200,000 annually, of its own limited, local general funds for two K-Street lobbyists. Their proposals repeatedly seek funding resources through legislative alternatives. These approaches have indeterminate and un- measureable [sic] outcomes.

Recommendation: Review the effectiveness and over-reliance [sic] on K-Street lobbyists as a source of needed future fundings. Consider integration of RCA habitat lobbying with other County lobbying efforts.

RESPONSE Finding – Wholly Disagree: RCA’s lobbyists in Washington, D.C., have helped the RCA secure more than $25 million in funding, providing a very healthy return on investment for their services. In 2011, the U.S. Fish and Wildlife Service determined that the RCA was no longer eligible to receive Section 6 Endangered Species Act grant funding to acquire reserve lands. RCA’s lobbyists worked out a solution which resulted in the RCA receiving Section 6 and Wildlife Conservation Board grant funding.

RCA’s lobbyists have also been instrumental in efforts to establish a federal Wildlife Refuge, which stands to deliver tens of millions of dollars in additional funding for the MSHCP reserve. The return on investment for RCA’s lobbyists has been substantial, and additional funding/return is anticipated.

Recommendation Has Been Implemented: As noted in the preceding paragraphs, lobbyists retained by the RCA have demonstrated a substantial return on investment, topping $25 million for the agency. Current initiatives being pursued by our lobbyists are expected to generate tens of millions of dollars in additional grant and loan opportunities for the RCA. Integrating RCA’s lobbying efforts with general lobbying efforts by the County dilutes the focus and effectiveness of such efforts, and overlooks the specialized expertise and institutional knowledge needed to efficiently advocate for conservation and species habitat issues.

8. Lack of Public Understanding Finding: RCA is an obscure agency. The taxpaying, voting public is not aware of its valuable contributions to the conservation of the environment or to the development of public infrastructure in the County.

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Recommendation: RCA should improve outreach efforts to the general taxpaying, voting public. Provide public education about the RCA’s conservation mission and build a public constituency of those who may be asked to approve future funding mechanisms to support its goals. Create public understanding of the importance of this conservation plan in reducing delays in the development of public infrastructure projects and the value of protecting the habitat for endangered species.

RESPONSE Finding - Agree Partially: Recognizing the need to increase public awareness of the MSHCP, the RCA Board of Directors approved a public outreach program which includes e-newsletters, a redesigned website, new reserve signage, a new brochure, social media outreach, an educational component and media relations, in September 2018. These materials and activities have been completed and implemented, or are in the process of being implemented.

Recommendation Has Been Implemented: As discussed in the preceding paragraph, the RCA Board of Directors in 2018 approved a public outreach program including e- newsletters, a redesigned website, new reserve signage, a new brochure, social media outreach, an educational component and media relations. This is expected to increase visibility to a wide swath of the public, including voting taxpayers.

9. More Useful Annual Reports Finding: The information in the Annual Reports meet the minimal requirement set out in The Plan, but do not discuss financial issues of concern or proposed remedies and actions. They do not provide comment on whether the income receipts and the rate of the land acquisition are sufficient for the RCA to meet its goal of acquiring sufficient habitat lands to assemble the reserve within 25 years.

Recommendation: The Annual Report should serve as a benchmark to be used for evaluating compliance with The Plan requirements and goals. The report should provide graphic description of the RCA’s progress towards The Plan conservation goals. It should identify significant issues in The Plan implementation and proposed remedies for concerns which may delay implementation. Copies of the Annual Report should be made available to the public and presented at an open workshop where they may comment.

RESPONSE Finding - Wholly Disagree: At nearly 450 pages, the Annual Report and its attached appendices and technical reports amply fulfill the MSHCP requirements with details about funding summaries, management objectives, habitat gains and losses, monitoring activities and related issues from the previous year. Up to date financial, acquisition and monitoring information are best available to the public and in real time through the Board meetings, which are broadcast online with live video and preserved via online video archives. Like all public agencies, minutes, reports and public information are available from the RCA as

10

the agency follows the same rules as those adhered to by other cities, the County and similar JPAs. It is worth noting that by its very name, the Annual Report is a summary of the RCA and MSHCP’s status and activities from the prior year. As with any Annual Report, that means the information is dated. The RCA works within an extremely dynamic system and makes real time decisions.

Recommendation Has Been Implemented: The Annual Report and its attached appendices and technical reports are presented to the RCA board at public meeting. Members of the public are welcome to appear at such meetings and address the Board with their comments. Current and past Annual Reports and all related appendices and technical reports are available online for review or download by the public, or by request.

10. Consolidation of Duplicate Bureaucracy Finding: RCA is a free-standing JPA. The other two habitat conservation agencies in the County, HCA and CVCC, are not free-standing and are subject to a higher level of public visibility along with managerial and financial oversight provided by the existing multi-city management structure.

Recommendation: The consolidation of RCA within an existing multi-city management structure would provide:

 Operational improvement  Reduction of duplication of bureaucracy  Cost reduction  Increased public visibility  Increased financial oversight

WRCOG could serve this function, as Coachella Valley Association of Governments (CVAG) does for Coachella Valley Conservation Commission (CVCC).

RESPONSE Finding – Wholly Disagree: Consolidation would create another layer of bureaucracy which would increase costs, undermine existing operational efficiencies and, most importantly, distract from the sole and central mission of the RCA, namely to oversee the MSHCP and assemble its Reserve System, by placing that responsibility with another agency that already has distinctly different and varied responsibilities.

Recommendation will not be implemented because it is not warranted or is not reasonable: Placing the RCA under another entity could potentially prove disastrous from both a conservation and infrastructure standpoint.

Merging RCA with another agency, such as WRCOG, would likely mean that Board Members will spend less time on conservation matters. At the inception of the RCA, such an organizational structure was initially implemented with WRCOG overseeing RCA

11

activities, but was quickly abandoned to allow the RCA Board to focus exclusively on conservations efforts. Further, another agency would lack the specialized experience in the complexities of the MSHCP and its implementation. In fact, such a reorganization is inconsistent with the Grand Jury’s (unfounded) concern regarding the experience and training of board members and would likely result in less board oversight over the RCA’s conservation activities. Additionally, the RCA Implementing Agreement provides that upon expiration of the SKR HCP in 2026, coverage for the SKR will be provided by the MSHCP and the SKR reserve will be managed by the RCA. In contrast to any other agency, including WRCOG, RCA has over 15 years of experience assembling and managing tens of thousands of acres of conservation land and protecting 146 native species. Further, the RCA has completed nearly 500 acquisitions and more than 800 Joint Project Reviews.

RCA staff members are County employees, the County Auditor-Controller is the RCA’s auditor, and the County Treasurer is the RCA’s Treasurer. For cost-savings, RCA utilizes many County services, including real estate, purchasing, Information Technology, financial and payroll systems.

If the RCA Board wanted to merge the RCA with another organization, the County of Riverside could best provide the oversight with the greatest operational overlap with the RCA.

12

AGENDA ITEM NO. 8.8

Attachment 2

GRAND JURY REPORT

September 9, 2019 Agenda Item No. 8.8 Attachment 2

RIVERSIDE COUNTY GRAND JURY (951) 955-8990 OFFICE • (951) 955-8989 FAX

June 26, 2019

Western Riverside County Regional Conservation Authority Charles Landry 3403 Tenth Street, Suite 320 Riverside, CA 92501

Subject: 2018-2019 Grand Jury Report: Western Riverside County Regional Conservation Authority (WR-RCA)

Dear Mr. Landry:

Please note that Penal Code Section 933 et seq . specifies that you file a response with the following agencies within ninety days.

John W. Vineyard, Presiding Judge Superior Court of California, County of Riverside 4050 Main Street Riverside, CA 92501

Riverside County Grand Jury Riverside County Clerk-Recorder Post Office Box 829 2720 Gateway Drive Riverside, CA 92502 Riverside, CA 92507

Further, it specifies that this report be kept confidential for a minimum of two working days prior to public release. The contents of this report will be made public after the close of business June 28, 2019. ~~GeJ-_ Michael McDonald, Foreperson 2018-2019 Riverside County Civil Grand Jury

Attch.

P.O. Box 829 - Riverside, California 92502 2018 - 2019 Civil Grand Jury

Western Riverside County Regional Conservation Authority (WR-RCA)

Note: Acronyms used throughout the report can be found in Attachment #1

Background

In 2003, Riverside County developed the Western Riverside County Regional Conservation Authority (WR-RCA) , a federally-approved, multispecies habitat conservation plan which would protect the lands occupied by federal and state-recognized threatened and endangered wildlife species (146 species) in western Riverside County. In addition, this speeded up the approval process for transportation (K-Rail) projects. This succeeded a short­ term habitat conservation plan, developed in 1990, which protected only one endangered species, the Stephen's Kangaroo Rat (K-Rat).

Prior to the creation of the Western Riverside Multiple Species Habitat Conservation Plan (WR-MSHCP), often referred to as The Plan, transportation, infrastructure and development projects could take five years or more for approval of the necessary permits from the wildlife agencies. Permits are required from the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (COFW) , to be in compliance with the Federal Endangered Species Act (ESA).

The Plan was an ambitious project to mitigate the development impacts on 146 plant and animal species by creating a 500,000 acre reserve system, while streamlining the approval process for transportation and infrastructure projects. Essentially, the development permits could be moved forward provided conservation land was acquired to replace the parcels being disturbed. This comprehensive program could balance the preservation of open space for species protection while enabling the development of transportation infrastructure to continue in this rapidly growing county. In 2004, the Western Riverside County Regional Conservation Authority (RCA) was established as a Joint Powers Authority (JPA) of the County and participating cities, to administer The Plan. The Plan is a binding contract between the RCA, the County, the cities and the federal and state wildlife agencies that administer the ESA.

The cities in Western Riverside County, a group of 14 cities which was subsequently increased to 18, formed a JPA, in association with the County of Riverside to establish a management agency. The RCA was created to administer land acquisition and habitat protection. The USFWS issued a 75-

1 year permit to the RCA to regulate the disturbance of any endangered or threatened species in the habitat area.

The Plan encompasses about 40% of the total land area in Western Riverside County. Of the 500 ,000 acres covered by The Plan, approximately 347,000 acres were already in public trust, leaving 153,000 acres to be acquired. The federal and state wildlife agencies agreed that together they would acquire 56,000 of those acres. Local sources, through willing sellers and donations, would provide 97 ,000 acres. Criteria cells were demarcated within the conservation area. The Criteria Cells, blocks of approximately 160 acres, were identified as the most significant habitat land for RCA to conserve. The land acquisition requirements necessitated specific analysis of each land acquisition and development proposal within a Criteria Cell. The Plan requires they aggregate land to assemble linkages between these "islands" of conservation lands. The conservation land must be acquired by RCA through a purchase from a willing seller or by donation , not through eminent domain. Land could also be acquired through the Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process in which a developer reviews with the RCA whether a portion of the land should be included in the reserve.

Operation of The Plan under its specific guidelines allowed the federal and state wildlife agencies to issue a 75-year permit to RCA which would enable the County and participating cities to accelerate approval of transportation, commercial and residential projects outside of the conservation reserve, as long as the conservation reserve was maintained.

One of the goals of The Plan was to acquire the 500,000 acre habitat reserve within a 25-year period , and to develop a reserve endowment fund. This would finance the future management of the lands and monitoring of the endangered species to the end of the 75-year wildlife agency permit. Changes to the time period for land acquisition would require approval of all permittee cities and the County, as well as the wildlife agencies. It would extend the obligation of the cities to collect millions of dollars in additional fees during that extended time. An extension of the 25-year land acquisition period would then require an amendment to The Plan . The approval process and accompanying environmental reviews would likely be arduous, time­ consuming and possibly contentious.

The Plan was to be funded through the collection of mitigation fees, levied on new residential and industrial development projects. County and non-profit projects were also subject to the fees . These mitigation fees would only be used to purchase land. Initially, these fees would be approximately $1,600 per residence, and about $5 ,000 per acre for business or industrial property. Additional unrestricted funds would be obtained from landfill tipping fees, transportation taxes , grants and payments from other Participating Special Entities (PSEs), such as Riverside County Transportation Commission, Flood Control and other regulated utility districts.

2 A Nexus study to identify the connection between the JPA and the taxes/fees collected was contracted to an outside party at the establishment of The Plan in 2003. The estimated total cost of land acquisition to complete the requirements of The Plan would be about $876,000,000. Other appropriate management costs of $30,000,000 would bring the total cost to implement The Plan to about $906,000,000. It was expected that the RCA would provide a pool of $100,000,000 by the end of the 25 year land acquisition period, and that $70,000,000 of that would be set aside into an endowment fund. The income from this endowment fund was anticipated to yield about $3,500,000 annually, which would be used for adaptive management activities of the habitat preserve for the re',naining 50 years of The Plan.

The Plan was successful in facilitating the rapid permitting of the early transportation projects. However, a 2008 review was conducted by the Rand Corporation, a private consulting firm, after the fifth year of The Plan. It suggested that while The Plan eased the permitting process for transportation projects in the conservation areas, analysis suggested that higher than anticipated land acquisition costs would require a search for new funding sources to meet The Plan's goals. The initial estimation was that 153,000 acres could be acquired at about $4,000 per acre. However, by 2008 the costs were significantly higher due to a rise in land values and the need to purchase expensive land in Criteria Cells to maintain the necessary habitat linkages.

Structure According to The Plan's Implementing Agreement, the RCA is directed by a 23 member Board of elected officials comprised of the 18 city members in Western Riverside County and the five County Supervisors. (MSHCP Plan, Volume 1, Section 6.6.2.B). The RCA Board of Directors provide primary policy direction for the implementation of The Plan. (MSHCP Plan, Volume 1, Section 6.6.2.C). The seven member Executive Board serves as the managing agent. The Executive Board meets about two weeks prior to the full Board's monthly meeting. In addition to the Executive Board, the Implementing Agreement also requires a Finance Coordinating Committee, a Reserve Management Oversight Committee and a Stakeholders Committee. The Board has limited staff, who are contracted County employees. This staff is responsible for processing the land acquisitions for the reserve.

The RCA contracts with outside agencies for all species monitoring and land management activities. Santa Ana Watershed Association (SAWA) provides contract services for monitoring the habitat land areas and the protected species. They provide periodic counts and evaluations of specific plant and animal species. The Riverside County Parks and Open Spaces Department is contracted by the RCA to provide park rangers to manage the reserve lands, including posting, and clearing the land of rubbish, toxic materials and invasive plants. RCA outsources many other services from outside vendors, including Plan Implementation and training for developers, Legal Services,

3 Real Property Services, Federal and State Lobbying, Nexus Study Update, Public Relations and other special consultants.

The RCA website provides information about the RCA and access to a wide variety of documents including The Plan description, the Implementing Agreement, Annual Reports, Meeting Agendas and Minutes, maps and other related documents. These documents are helpful to the member cities and developers.

Operations The goals of The Plan are to acquire, within 25 years, the obligatory 153,000 acres of conservation land and to develop an endowment fund sufficient to maintain the conservation habitat in perpetuity. The specific goal, as stated in Section 5.2 of The Plan, is "to establish and maintain a self-sustaining MSHCP Conservation area that focuses on conserving habitats and species ... " This requires a necessary balancing of the land acquisition during an unstable and unpredictable economy of development activity and fluctuating land prices. When the pace of new development is slow, the limited mitigation fees collected reduce the funding available for acquisition of conservation acreage. When development is booming, land prices tend to inflate. Other issues, including past and potential lawsuits and the availability of developable land for purchase, can interfere with the predictable growth trajectory of the required protected lands. In 2011, RCA attempted a land acquisition from Anheuser - Busch, LLC, which resulted in litigation and settlement that cost RCA $46,000,000. This restricted available land purchase funds and escalated the land purchase costs of neighboring properties. It has been more difficult than anticipated to keep a steady pace of land acquisitions, if the reserve assembly is to be completed within the 25- year period.

Land Acq uisition Acreage At the initiation of The Plan, County and government agencies dedicated conservation land which they had accumulated while The Plan was being assembled and approved. When it was started in 2004, the County transferred previously acquired acres (16,939) into the reserve. RCA Annual Reports of more recent years show fewer acres of land are being acquired than had been anticipated. In 2019, the total Local Acquisition of land is only about 61,000 acres of the expected local allocation of 97,000 acres.

The Plan had anticipated that the land acquisition (purchases and donations) process would yield about 2,800 acres per year, but actually much less. The lands acquired, through local developer review and HANS entitlement process are only a small portion (1,337 acres) of the proposed number of acres expected at this time. The original expectation, that the RCA would acquire 2,050 acres per year through the HANS process, was too aggressive. Also, the Federal and State agencies have been slow to provide funds towards their goal to acquire 56,000 acres of land for The Plan.

4 Land Acquisition - Funding Total Development Fee Revenue was high in the first few years of The Plan, exceeding $33,000,000 in 2005. However, during the general recession, the mitigation funds collected were approximately $10,000,000 per year or less. In the early years of the operation of The Plan, significant funds were available from Measure A (gas tax), TUMF funds (County transportation fee), Flood Control, landfill tipping fees and other infrastructure sources. However, during the general recession, some of these funds were either eliminated or capped. In recent years, the amounts contributed through infrastructure and tipping fees were about one-half or less of the amount collected yearly as mitigation fees. The total land acquisition costs to date are about $485,000,000.

Land Monitoring and Management The contract with SAWA for monitoring of the habitat and species is about $1, 100,000 - $1,400,000 annually. The contract with the Riverside County Parks and Open Spaces Department for park rangers and management of the MSHCP habitat lands is about $1,500,000 annually for the past several years. The administrative costs, of RCA and all other external contracts range from $3,000,000 - $4,000,000 annually. The annual costs of all management, monitoring and administrative activities are about $5,000,000 - $6,000,000 per year.

Annual Report The RCA staff is required to publish an Annual Report, which describes the current activities of the RCA. The Annual Reports cite the number of acres of land acquired or donated in that year and the total number of acres incorporated into the reserve since the authorization of The Plan. The reports provide extensive detail on the property management activity and the species monitoring activity tasks which are performed by outside contractors. The Annual Report also identifies the number of acres of land that are designated for future conservation, but it is unknown as to when these lands will be donated into the reserve.

Biolo_gical Assessment The endangered plant and animal species living in the habitat are evaluated for presence and distribution, every three to eight years. However, some species are monitored annually (e.g. Quino checkerspot butterfly). The most recent monitoring actions, in 2017, detected some presence of 97 out of the 146 species. Since June 2004, the monitoring agency has detected some presence of 141 out of the 146 endangered or threatened species. This reporting is only detection of a species, and does not indicate whether a species population is growing, depleted or has moved from its original area. Although The Plan was developed to protect the habitat of 146 species, there was never a true census of the individual species.

5 Future Directions The Plan has provided great value to the County in terms of acceleration of transportation infrastructure (K-Rail) development and preservation of the habitat of endangered and threatened species. The establishment of a self­ supporting conservation plan enabled the governing agencies of western Riverside County to obtain a 75-year permit from the State and Federal wildlife agencies which administer the Endangered Species Act. This arrangement enables the County and cities to significantly reduce the time required to obtain development permits.

In 2003, when The Plan was developed, the founding parties made reasonable estimates as to the cost of land acquisition and the administration of The Plan. The 2008 Rand report identified shortfalls in the funding and suggested several alternate mechanisms to increase revenue, including raising the mitigation fees, and implementing a variety of taxes. Suggested examples of revenue sources are an Ad Valorem Property Tax, Parcel Tax, Special Property Assessments, Mello-Roos Tax, Document Transfer Tax, Local Development Mitigation Fee, Highway Tolls, Vehicle License Fee, Vehicle Registration Fee and Sales Tax. Tax revenue would be applied to the entire County population base, which could be politically unpopular.

According to budget contracts issued by the RCA in 2011 and 2012, another Nexus review of potential income sources was conducted. However, no report was released for review by the full Board. During the economic uncertainty of 2008-2014, there was concern that potential proposals for an increase of the mitigation fees would not be acceptable. In 2017, an updated analysis was contracted to prepare a new Nexus study and generate proposals to increase revenue. This report was to be completed by June 2018. This analysis is still with the RCA, but has not yet been released to the full Board as of May 2019.

K-Street Alternatives Annual RCA contracts amounting to over $200,000 with Washington, D.C. and Sacramento lobbyists have produced several potential legislative alternatives for obtaining more funds to complete the reserve land acquisition. Proposals included removal of limiting restrictions on agency grants, development of access to other grant funding pools, and application to untapped potential loan sources. Even with removal of grant funding caps, strong national and state competition limits the likelihood of success in obtaining these grant funds.

A legislative proposal to incorporate some MSHCP lands into a new National Wildlife Refuge could open the way to apply for grants from a larger pool of funds. Unfortunately, this proposal did not advance sufficiently before the end of the last Congressional session. This proposal has been reintroduced to the next Congress.

6 Other legislative proposals include identification of federal programs, such as Water Infrastructure Financing and Innovation Act (WIFIA), which supports loans for purchase of habitat lands. RCA would still need to find funds to repay such loans. There are also legislative proposals to change the requirements of the Endangered Species Act. Some of these alternatives have been pursued by the contracted Washington, D.C. K-street lobbyists for several years, but have yet to come to fruition.

METHODOLOGY

Public Meetings Attended by Civil Grand Jury Members Western Riverside County Regional Conservation Authority (RCA): 1. Attended ten monthly meetings of the RCA Board (September 2018 - June 2019) 2. Attended six monthly meetings of the RCA Executive Board (December 2018 - May 2019) 3. Attended one Joint Project Review Meeting at RCA (November 15, 2018)

Interviews 1. Individual in-person interviews with nine current members of RCA Board and RCA Executive Board and a telephone interview with one RCA Board Member 2. Interviews with contracted agencies: a. Santa Ana Watershed Association (SAWA) - Executive Director b. Riverside County Parks and Open Spaces - Natural Resources Manager c. Riverside County Economic Development Agency - Real Property Agent 3. Other individual interviews: a. Western Riverside County Regional Conservation Authority - four staff members b. California Department of Fish and Wildlife - Senior Biologist c. Riverside County Transportation Land Management Agency - Director d. Riverside County Habitat Conservation Agency - Director of Administration

Visits 1. Coachella Valley Conservation Commission - meeting (January 10, 2019) and tour of the reserve

7 RCA Reports Reviewed 1. Western Riverside County Multi-Species Habitat Conservation Plan a. Vol. 1 The Plan b. Vol. 2 The MSHCP Reference Document c. Vol. 3 Implementing Agreement d. Vol. 4 Final EIR/EIS (Environmental Impact Report/Environmental Impact Statement) e. Vol. 5 Final Responses to Comments f. Nexus Report (2003); prepared by the consultant firm Taussig & Associates 2. Western Riverside County Regional Conservation Authority (RCA) documents reviewed: a. RCA Bylaws b. RCA Board Meeting Minutes 2010 to 2019 c. RCA Executive Board Meeting Minutes 2010 to 2019 d. Western Riverside County Regional Conservation Authority - Basic Financial Statements with Independent Auditor's Report for the Year ended June 30, 2018 e. Western Riverside County Regional Conservation Authority - Multiple-Species Habitat Conservation Plan - Annual Reports 2016 and 2017 f. Consultants Quarterly Reports - Reviewed various reports during the period 2012 to 2018: 1) Hogan Lovells - "K Street" lobbying firm 2) Kadish - "K Street" lobbying firm 3) Riverside County Parks and Open Spaces - habitat maintenance 4) Santa Ana Watershed Association(SAWA) - habitat monitoring 5) Dudek - Plan interpretation services g. MSHCP Board Resolution No. 2017-006 - Support for the establishment of a National Wildlife Refuge within the boundaries of the WR-MS HCP h. Douglas P. Wheeler, Hogan Lovells Quarterly Report (December 2018) -Comments on legislative action for National Wildlife Refuge i. RCA Job Descriptions j. RCA Index of Policies, Procedures, Ordinances and Resolutions (2004 to present) k. RCA Resolution 08-006 Endowment Policy I. RCA Contracts Reviewed: 1) Hogan Lovells - "K Street" lobbying firm 2) Kadish - "K Street" lobbying firm 3) Riverside County Parks and Open Spaces - habitat management 4) Santa Ana Watershed Association (SAWA) - habitat monitoring

8 5) Dudek - Plan interpretation services 6) Tom Mullen - lobbyist-advisor 7) QPR Communications - public awareness 8) Economic & Planning Systems, Inc. -financial analysis a. 2012 Contract; signature date to February 6, 2013; in the amount of $200,150 b. 2017 Contract; two year contract 2017-2018; in the amount of $170,000 9) Blink IT Solutions - IT services

Other Reports Reviewed 1. Dixon, Lloyd, Paul Sorensen, Martin Wachs, et al. "Balancing Environment and Development: Costs, Revenues, and Benefits of the Western Riverside County Multiple Species Habitat Conservation Plan" Report of Rand Corporation: Transportation, Space, and Technology (2008) 2. Lederman, Jaimee and Martin Wachs "Transportation and Habitat Conservation Plans: Improving Planning and Project Delivery While Preserving Endangered Species" (April 2014) University of California Transportation Center UCTC-FR-2014-04 3. Wheeler, Douglas P. "Gray and Green: Planning for Advanced Mitigation" in 'IAIA 15 Conference Proceedings' Impact Assessment in the Digital Era 35th Annual Conference of the International Association for Impact Assessment 20 - 23 April 2015 I Firenze Fiera Congress & Exhibition Center I Florence I Italy I www. iaia. Q!Q. 4. Landry, Charles "Habitat Conservation Plans - Landscape Level Conservation in a Rapidly Developing Rural-Urban IJ;iterface" presentation at Large Landscape Conservation Conference, October 24, 2014 5. Ouellette, Michelle and Charles Landry "The Western Riverside County Multiple Species Habitat Conservation Plan: Looking Forward After Ten Years" in Natural Resources Environment 29(3): 1-4 (2015) 6. League of California Cities The Peoples' Business, A Guide to the California Public Records Act (2017) 7. Riverside County Transportation Commission (RCTC) and Regional Conservation Authority (RCA) Special Meeting/Workshop, August 28, 2017 - Minutes 8. California State Legislature "Government Working Together, A Citizens Guide to Joint Power Agreements" (2007) 9. Coachella Valley Conservation Commission - Annual Report 2017 1O.Agreement between Coachella Valley Conservation Commission and Coachella Valley Association of Governments for the Administration of the Coachella Valley Multiple Species Habitat Conservation Plan, Amendment #2 (November 8, 2018)

9 FINDINGS

Inadequate Board Oversight 1. RCA Board Members often have a limited understanding of the very complex requirements and obligations of this conservation agency. They need more measurable information on the long term trends of the RCA. Many elected Board Members do not remain on this Board for more than a few years, and so institutional memory of the Board is often limited. Only the Executive Board appears to make decisions about setting the agenda.

Board Lack of Awareness of Financial Pitfalls 2. The RCA Board has not acknowledged its inability to meet the current time table for acquisition of habitat conservation lands. The current rate of land acquisition has slowed to the point where it is unlikely to expect that it will meet The Plan's goal of completion of habitat land reserve within the remaining ten years of the 25 year plan.

Over $1 Billion Dollars \/Vii i Be Needed W ithin the Next Ten Years! 3. Even with the RCA's recent estimate of land acquisition costs at $13,000 per acre, the necessary land acquisition costs to complete The Plan are expected to be a staggering $1.0 to $1.5 billion dollars. This represents a significant financial risk to the County.

Endowment Fund is Underfunded 4. The Plan calls for an endowment fund of $70,000,000 to support future monitoring and maintenance of habitat lands. At this time, the fund is severely underfunded currently at about $5,800,000. The failure to build this reserve fund, the interest income of which would fund habitat maintenance activities in perpetuity, could obligate the participating cities to carry these costs after completion of the land acquisition requirement.

Efficiencies of Outside Contractors vs. In-House Staff 5. RCA outsources many costly contracts to outside parties for legal services, plan implementation, real property services, and other professional services. These costs drain the limited general funds, used to build up the endowment and other services. RCA contracts with an outside company to act as a middle-man for projects that are negotiated between developers and RCA staff. The outside company agents explain the MSHCP process, provide interpretation and deliver a completed packet of documents for the RCA joint project reviews.

Insufficient Financial Commitment for Maintenance & Security of Habitat Reserve 6. The Plan Land Management budget does not provide sufficient park rangers for increased land patrol and maintenance responsibilities of the expanding habitat reserve. The maintenance and security of the current accumulated 400,000 acres of conservation land is suffering from damages caused by fires and floods, as well as off-highway vehicles

10 (OHV), and homeless encampments. This damage will only increase in the future.

Legislative Solutions for Funding Are Far From Certain 7. RCA continues to spend over $200,000 annually, of its own limited, local general funds for two K-Street lobbyists. Their proposals repeatedly seek funding resources through legislative alternatives. These approaches have indeterminate and un-measureable outcomes.

Lack of Public Understanding 8. RCA is an obscure agency. The taxpaying, voting public is not aware of its valuable contributions to the conservation of the environment or to the development of public infrastructure in the County.

More Useful Annual Reports 9. The information in the Annual Reports meet the minimal requirement set out in The Plan, but do not discuss financial issues of concern or proposed remedies and actions. They do not provide comment on whether the income receipts and the rate of the land acquisition are sufficient for the RCA to meet its goal of acquiring sufficient habitat lands to assemble the reserve within 25 years.

Consolidation of Duplicate Bureaucracy 10. RCA is a free-standing JPA. The other two habitat conservation agencies in the County, HCA and CVCC, are not free-standing and are subject to a higher level of public visibility along with managerial and financial oversight provided by the existing multi-city management structure.

Recommendations

Western Riverside Regional Conservation Authority Riverside County Board of Supervisors

Inadequate Board Oversight 1. The RCA Executive Board needs to ensure that all Board Members are adequately trained in the mission and operational mechanisms of The Plan. Board Members must fully understand their essential role as primary policy makers of the RCA. The Executive Board should develop timely evaluations of the performance of The Plan, and report on the progress of RCA in meeting its goals to the Board. They need to ensure that information about the long-term trends of this agency is understood by all Board Members.

11 Board Lack of Awareness of Financial Pitfalls 2. The Executive Board needs to direct the RCA staff to provide members of the Board with actionable information about the long term trends in income and land reserve. This will illuminate the concern about progress towards the land acquisition goal of The Plan.

Over $1 Billion Dollars Will Be Needed Within the Next Ten Years! 3. The Executive Board urgently needs to work with the RCA staff to identify all options anticipated in the 2017 Nexus report regarding the revision of the scheduled mitigation fees. In addition to other funding mechanisms, including loans and alliances with other federal agencies, the Board should explore other options to meet the overwhelming costs of future land acquisition. The Executive Board should make recommendations, provide justification for proposed mitigation rate increases and present other tax options to the entire Board for review and confirmation. Tax options are described in the 2008 Rand report. The Board should convene the Funding Coordination Committee, which is described in The Plan, Volume 1, Section 6.6.2.D, and meet with the wildlife agencies to address these common funding concerns. All agencies, including the wildlife agencies, need to improve collections to meet their land acquisition goals.

Endowment Fund is Underfunded 4. The Executive Board should require the RCA staff to propose options for building the endowment fund to the level of $70,000,000 to support habitat monitoring and maintenance for the remaining 50 years of The Plan. The RCA management staff needs to clearly report on the level of the underfunded endowment reserves for future protection of the MS HCP lands in conjunction with the quarterly budget reports.

While it is possible to delay the accumulation of an endowment fund for future habitat monitoring and maintenance, doing so would reduce the time needed to reach the land acquisition goal. It would be a risky option since recent fee collections have been so low. The entire Board needs to be aware of the status of resources needed to complete the acquisition of the land reserve and the endowment to support the maintenance of the future expansive land reserve. They should review proposals to seek nonprofit funding to build up the endowment.

Efficiencies of Outside Contractors vs. In-House Staff 5. RCA management staff should review the use of internal staffing versus the use of many costly outside contractors. More biological assessment and land acquisition activities could be brought in-house. Trained in-house staff could handle more basic biological assessment and land acquisition duties. Many fees paid to outside contractors could be reduced by efficient use of internal staffing.

12 Insufficient Financial Commitment for Mainten ance & Security of Habitat Reserve 6. Shift resources to add more contract land management park rangers. Coordinate with County Sheriff and Code Enforcement Departments to assist park rangers in controlling on-going damage to the habitat reserve from trespassers, mountain bikes and excess motor sport vehicles, as well as homeless encampments. Seek available grants from California Off­ Highway Motor Vehicle Registration for management of OHV recreation and security. Use funds for posting signage and limiting vehicle access into the preserve and for repairs on the expanded acreage of protected lands.

Legislative Solutions for Funding Are Far From Certain 7. Review the effectiveness and over-reliance on K-Street lobbyists as a source of needed future fundings. Consider integration of RCA habitat lobbying with other County lobbying efforts.

Lack of Public Understanding 8. RCA should improve outreach efforts to the general taxpaying, voting public. Provide public education about the RCA's conservation mission and build a public constituency of those who may be asked to approve future funding mechanisms to support its goals. Create public understanding of the importance of this conservation plan in reducing delays in the development of public infrastructure projects and the value of protecting the habitat for endangered species.

More Useful Annual Reports 9. The Annual Report should serve as a benchmark to be used for evaluating compliance with The Plan requirements and goals. The report should provide graphic description of the RCA's progress towards The Plan conservation goals. It should identify significant issues in The Plan implementation and proposed remedies for concerns which may delay implementation. Copies of the Annual Report should be made available to the public and presented at an open workshop where they may comment.

Consolidation of Duplicate Burea ucracy 10. The consolidation of RCA within an existing multi-city management structure would provide: • Operational improvement • Reduction of duplication of bureaucracy • Cost reduction • Increased public visibility • Increased financial oversight

WRCOG could serve this function, as Coachella Valley Association of Governments (CVAG) does for Coachella Valley Conservation Commission (CVCC).

13 Acronyms

CDFW - California Department of Fish and Wildlife

CVAG - Coachella Valley Association of Governments

CVCC - Coachella Valley Conservation Commission

ESA- Endangered Species Act of 1973 16 U.S.C § 1531 et. seq .

HCA - Western Riverside Habitat Conservation Agency

HANS - Habitat Evaluation and Acquisition Negotiation Strategy

JPA - Joint Powers Authority

K Rat - Kangaroo rats are small rodents of genus Dipodomys that are native to western North America. The common name derives from their bipedal form. They hop in a manner similar to the much larger kangaroo, but developed this mode of locomotion independently. Stephens' kangaroo rat (Dipodomys stephens1) is endemic to the Southern California region of the United States, primarily in western Riverside County. The natural habitat of Stephens' kangaroo rat is sparsely vegetated temperate grassland. This habitat has been destroyed or modified for agriculture, therefore the Stephens' kangaroo rat is listed as an endangered species by the U.S. Fish and Wildlife Service.

K Rail - A Jersey barrier is also known in the western United States as K-rail, a term borrowed from the California Department of Transportation specification for temporary concrete traffic barriers, or colloquially as a Jersey bump.

K Street - A major thoroughfare in the United States capital of Washington, D.C. known as a center for numerous lobbyists and advocacy groups. In political discourse, "K Street" has become a metonym for Washington's lobbying industry since many lobbying firms were traditionally located in the section in Northwest Washington.

MSHCP - Multiple Species Habitat Conservation Plan; often referred to as The Plan

OHV - Off Highway Vehicle

Attachment #1 - Page 1

14 RCA-Abbreviated term for WR-RCA

City Members are: Banning, Beaumont, Calimesa, Canyon Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula, Wildomar as well as the unincorporated areas of the County of Riverside

SAWA - Santa Ana Watershed Association

The Plan - the short name used for MSHCP

TUMF - Transportation Uniform Mitigation Fee

USFWS - United States Fish and Wildlife Service

WIFIA - Water Infrastructure Finance and Innovation Act

WRCOG - Western Riverside Council of Governments

WR-RCA - Western Riverside Regional Conservation Authority

Report Issued: 06/26/2019 Report Public: 06/28/2019 Response Due: 09/30/2019

Attachment #1 - Page 2

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AGENDA ITEM NO. 9

TICKET DISTRIBUTION POLICY

STAFF REPORT September 9, 2019 Agenda Item No. 9

Regional Conservation Authority

RESOLUTION NO. 2019-008, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING A GIFT OF TICKET DISTRIBUTION POLICY

Staff Contact: Steve DeBaun Best, Best & Krieger, LLP (951) 686-1450

Background:

FPPC Regulation 18944.1 creates an exception to the definition of gift for tickets or passes to entertainment, sports or other similar events which are donated to an agency and distributed to public officials for use for official public business as long as the agency complies with specified requirements. Regulation 18944.1 requires an agency to: 1. Adopt a distribution policy setting provisions required under Regulation 18944.1;

2. Post a copy of the policy on the agency’s website and email a link to the FPPC for posting;

3. Ensure the ticket/pass is used for a governmental purpose;

4. Complete Form 802 for each distribution and retain Form 802 as a public record under the Political Reform Act; and

5. Post a copy of each Form 802 on the agency’s website, and email a link to the FPPC for posting.

The Western Riverside County Regional Conservation Authority (RCA) adopted a Resolution setting forth a written ticket distribution policy to comply with Regulation 18944.1.

In 2012, 2013, 2016, and on May 16, 2019, the FPPC revised and amended Regulations 18942, 18944, 18944.1, 18946 and 18946.1 in an effort to provide clarification of the definitions and valuation of tickets and passes, and revise the requirements for agency ticket distribution policies in an effort to limit misuse of resources and the potential to abuse these policies.

26493.00000\1560204.5 Agenda Item No. 9 Staff Report Page 2 September 9, 2019

These Regulations were amended to provide clarification on when a Public Official is exempted from reporting certain tickets and passes on a Form 700 or as additional income, and to include certain revisions affecting the requirements of agency ticket distribution policies to:

1. Declare the agency head (Executive Director) has the authority to establish procedures for ticket distribution in accordance with the adopted policy.

2. Allow the agency head (Executive Director) to select him/herself to use certain tickets that are for the general use by agency officials. [Previously, the agency head was not permitted to select him/herself as the individual to use the ticket.]

3. Require the agency to post its distribution policy on its website along with any amendments within 30 days of adoption or amendment and send a link to the website displaying the policy to the FPPC for additional posting.

4. Each agency must post all Form 802s within 45 days of distribution and email the website link displaying the Form 802 to the FPPC for additional posting. [The Agency’s Policy previously stated the posting would be done within 30 days. Additionally, there is no limit on the time for posting Form 802. This information has been removed. These forms are to be kept for 7 years as noted below.]

5. Form 802 must be maintained as a public record for inspection and copying under Government Code section 81001(a). [Form 802s are to be kept for 7 years.]

6. Limit the transfer of tickets by an official to one guest for attending the event as well as to the official’s immediate family.

7. For tickets distributed to a department or other Agency unit, or to an organization outside the Agency, and not used by a member of the Board of Directors, political appointee, department head or the Executive Director, the report may name the department or organization with the number of tickets received, in lieu of naming individual employees or individuals of the organization.

8. The provisions of the Policy apply only to benefits an official receives that are provided to all members of the public with the same class ticket.

9. Change the term of “face value” to “fair value” in order to clarify and assist in valuing tickets or passes.

10. Prohibit disproportionate use of tickets by members of the Board of Directors, Executive Director or department heads.

11. Require Officials to submit a written report of findings and recommendations when a ticket is distributed for purposes of oversight or inspection of facilities.

26493.00000\1560204.5 Agenda Item No. 9 Staff Report Page 3 September 9, 2019

Additionally, the list of Public Purposes for the distribution of such tickets or passes has been expanded to ensure suitable coverage of instances that could benefit the RCA and its residents.

Therefore, the proposed Resolution No. 2019-008 is submitted to the Board of Directors for approval.

Executive Committee and Staff Recommendation:

That the Board of Directors adopt Resolution No. 2019-008, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Amending and Adopting the Ticket Distribution Policy to conform with Section 18944.1 of Title 2, California Code of Regulations.

Attachments:

1. Resolution No. 2019-008, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Amending and Adopting the Ticket Distribution Policy to conform with Section 18944.1 of Title 2, California Code of Regulations; and

2. Redline Version of amended Policy showing changes made.

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AGENDA ITEM NO. 9 Attachment 1

Resolution 2019-008

RESOLUTION NO. 2019 - 008

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AMENDING AND ADOPTING THE TICKET DISTRIBUTION POLICY TO CONFORM WITH SECTION 18944.1 OF TITLE 2, CALIFORNIA CODE OF REGULATIONS

WHEREAS, the Fair Political Practices Commission (“FPPC”) adopted Section 18944.1, Title 2, California Code of Regulations (Regulation 18944.1) to regulate the distribution and disclosure by public agencies of certain tickets and passes to public officials and employees; and

WHEREAS, Regulation 18944.1 provides that a ticket and pass distributed pursuant to an adopted policy and properly disclosed by the agency is not a gift to the public official and does not trigger a disclosure requirement on the official’s Statement of Economic Interests, Form 700; and

WHEREAS, from time to time, the Western Riverside County Regional Conservation Authority (RCA) may receive complimentary or discounted tickets or passes from third party sources, both public and private, for distribution to RCA officials; and

WHEREAS, the RCA finds that the receipt of all such discounted, free or purchased tickets and/or passes are public resources; and

WHEREAS, the FPPC amended and adopted Regulation 18944.1 in order to clarify the valuation of tickets and passes, and include revisions affecting public agency distribution policy requirements; and

WHEREAS, the RCA’s proposed Ticket Distribution Policy incorporates the revisions to Regulation 18944.1 by the FPPC since its adoption date to ensure that the policy establishes a fair and equitable process for the distribution to RCA officials of such tickets and passes by the RCA, in compliance with the requirements of FPPC Regulations; and

WHEREAS, this Resolution updates the RCA’s Ticket Distribution Policy, attached hereto as Exhibit A and incorporated by reference, to conform to FPPC Regulations, which will rescind, supersede and replace Resolution No. 2009-002.

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26493.00000\32188062.1 NOW THEREFORE, BE IT RESOLVED, the Board of Directors of the Western Riverside County Regional Conservation Authority hereby adopts the following:

Section 1. The foregoing recitals are true and correct.

Section 2. The Board of Directors hereby approves and adopts the RCA’s Ticket Distribution Policy updated in accordance with FPPC Regulations and attached hereto as Exhibit “A.”

Section 3. The Executive Director is directed to implement this policy.

Section 4. The Resolution shall take effect immediately upon adoption.

Section 5. Resolution No. 2009-002 is rescinded, superseded, and replaced by Resolution No. 2019-008.

Section 6. The Clerk of the Board shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 9th day of September, 2019.

______Jonathan Ingram, Chairman

ATTEST:

______Honey Bernas Clerk of the Board

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AGENDA ITEM NO. 9 Attachment 1

EXHIBIT A TICKET DISTRIBUTION POLICY

EXHIBIT A

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY TICKETS AND/OR PASSES DISTRIBUTION POLICY

Section 1. Purpose of Policy. The purpose of this policy is to ensure that all tickets and/or passes provided to the Western Riverside County Regional Conservation Authority (RCA) are distributed in furtherance of governmental and/or public purposes as required under Section 18944.1, Title 2, California Code of Regulations (“Regulation 18944.1”).

In addition, the purpose of this policy is to ensure that tickets distributed by the RCA under and this policy are disclosed on Form 802 and posted to the RCA’s website within forty-five days of distribution, as required by Regulation 18944.1.

Section 2. Application. This policy applies to tickets that provide admission to a facility, event, show or performance for an entertainment, amusement, recreation or similar purpose, and are either:

a. gratuitously provided to the RCA by an outside source;

b. acquired by the RCA by purchase;

c. acquired as consideration pursuant to the terms of a contract for the use of an RCA venue; or

d. acquired and distributed by the RCA in any other manner.

Section 3. Scope. This policy applies to all Public Officials, as defined in Section 4b, below.

Section 4. Definitions. Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as that ascribed to such words and terms in the Political Reform Act of 1974 (Government Code section 8100 et seq., as the same may from time to time be amended) and the Fair Political Practices Commission (“FPPC”) Regulations (Title 2, California Code of Regulations, section 18110 et seq., as the same may from time to time be amended).

a. “RCA” means the Western Riverside County Regional Conservation Authority.

b. “Public Official” means every member, officer, employee or consultant of the RCA as defined by Government Code section 82048 and Regulation 18700.3. Such term shall include, without limitation, any Board member or other appointed official or employee or consultant required to file an annual Statement of Economic Interests (Form 700).

c. “Immediate Family” means the Public Official’s spouse and dependent children.

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d. “Policy” means this Policy for the Distribution of Tickets and/or Passes. e. “Ticket” shall mean and refer to a “ticket or pass” as those terms are defined in Regulation 18946 and referenced in Regulation 18944.1, both Regulations as amended from time to time, but which currently define “ticket” or “pass” as anything that provides admission or access to a facility, event, or performance for entertainment, amusement, recreation or similar purpose.

Section 5. General Provisions. a. The use of complimentary tickets is a privilege extended by the RCA and not the right of any person to which the privilege may from time to time be extended. b. Tickets distributed to a Public Official pursuant to this policy shall not be transferred to any other person, except to members of the public official’s immediate family solely for their personal use, or to no more than one guest solely for their attendance at the event. c. No person who receives a ticket pursuant to this policy shall resell or receive compensation for the value of such ticket. d. The Executive Director shall have the authority, in his or her sole discretion, to establish procedures for the distribution of tickets in accordance with this policy. All requests for tickets which fall within the scope of this policy shall be made in accordance with the procedures established by the Executive Director. e. The Executive Director or his or her designee shall be the “agency head” for purposes of implementing the provisions of this policy and completing and posting the Form 802. In such case, where the Executive Director desires to obtain a ticket or pass, the Board of Directors authorizes the Board President to exercise the RCA’s sole discretion in determining whether the Executive Director’s use or behest of tickets and/or passes is in accordance to the terms of this policy. f. No ticket gratuitously provided to the RCA by an outside source and distributed to, or at the behest of, a Public Official pursuant to this policy shall be earmarked by the original source for provision to a particular Public Official. g. A ticket provided to a Public Official and one guest of the Official at which the Official performs a ceremonial role, as defined in Regulation 18942.3, on behalf of the RCA must be disclosed on Form 802 as set forth below. Any additional effort by the RCA to either limit or expand permissible ceremonial roles will require that the revised policy be forwarded to the FPPC.

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h. The disproportionate use of tickets and passes, distributed pursuant to this policy by a member of the governing body, political appointee, department head, and Executive Director is prohibited.

i. The value of any ticket shall be the fair value of the ticket. The “fair value” is the face value of the ticket, or the price at which the ticket would otherwise be offered for sale to the general public by the operator or host. Where the ticket does not reflect the actual cost for a ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of tickets available for that box or suite.

Section 6. Public Purpose for Which Tickets May be Distributed. Subject to the provisions of this policy, the RCA shall only provide a ticket and/or pass to a Public Official, or at the behest of a Public Official, under one of the following public and governmental purposes: a. If the distribution is to a Public Official and the Official reimburses the RCA for the fair value of the ticket(s). b. If the distribution is to a Public Official, the Official treats the ticket(s) as income consistent with applicable federal and state income tax laws and the RCA complies with the reporting requirements of Section 7, below.

c. If the distribution is to a Public Official, or is at the behest of a Public Official, such distribution must accomplish a governmental and/or public purpose. The following is a list of governmental and/or public purposes the RCA may accomplish through the distribution of tickets. The list is illustrative rather than exhaustive:

1) Promotion of habitat conservation activities by or on behalf of the RCA, regionally and statewide.

2) Facilitating the performance of a ceremonial role or function by a Public Official on behalf of the RCA at an event.

3) Facilitating the attendance of a Public Official at an event where the job duties of the Official require his or her attendance.

4) Promotion of RCA issues and interests at events sponsored by other governmental agencies and government related industry groups, and nonprofit organizations.

5) Promotion of local and regional businesses, economic development and tourism activities within the RCA that serve or may potentially serve the RCA’s residents, including conventions and conferences.

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6) Promotion of RCA-run, sponsored or supported events, activities, or programs.

7) Promotion of community programs and resources available to RCA residents, including nonprofit organizations and youth programs.

8) Marketing promotions highlighting the achievements of public agencies, local residents, nonprofits, community groups and businesses in the areas of conservation and preservation.

9) Promotion and marketing of private facilities available for RCA resident use, including charitable and nonprofit facilities.

10) Promotion and marketing of RCA facilities and resources available for public use.

11) Promotion of RCA growth and development, including outreach efforts, economic development and job creation opportunities.

12) Promotion of specific RCA community events provided by or sponsored by the RCA.

13) Promotion of any RCA owned sites or facilities.

14) Exchange programs with foreign officials and dignitaries.

15) Promotion of RCA recognition, visibility, and/or profile on a local, state, national or international scale.

16) Promotion of RCA services on a local, state, national or worldwide scale.

17) Promotion of open government and/or community relations by Public Official appearances, participation and/or availability at business or community events.

18) Sponsorship agreements involving private events where RCA specifically seeks to enhance RCA’s reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents.

19) All written contracts where RCA as a form of consideration has required that a certain number of tickets or suites be made available for its use.

20) Employment retention programs.

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21) Special outreach programs for veterans, teachers, emergency services, medical personnel and other civil service occupations.

22) Encouraging or rewarding significant academic, athletic, or public service achievements by residents or businesses of the RCA service area.

23) Charitable 501 (c)(3) fundraisers for the purpose of networking with other community and civic leaders.

24) Promotion of and participation in intergovernmental relations and activities.

25) Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting RCA residents.

26) Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the RCA’s service area.

27) Attracting or rewarding volunteer public service.

28) Attracting and retaining highly qualified employees in the RCA’s service.

29) Recognizing or rewarding meritorious service by a RCA employee.

30) Promoting enhanced RCA employee performance or morale.

31) Recognizing contributions made to the RCA by former Board members or RCA employees.

32) Spouses of RCA officials in order to accompany him or her to any of the events listed above.

33) Any purpose similar to above included in any RCA contract. d. When a public purpose involves the oversight or inspection of facilities by a Public Official, the Public Official is required to provide a written inspection report and/or recommendation. e. If the distribution is to an organization outside of the RCA, such distribution is done pursuant to a public purpose outlined in Section 6c, above. f. Subject to the provisions of this policy, tickets obtained by the RCA pursuant to terms of a contract for use of public property because the RCA controls the event, or, by purchase at fair market value, may be distributed to Public Officials.

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Any distribution must accomplish a governmental and/or public purpose in accordance with Section 6c, above. g. Any ticket obtained pursuant to Section 6f which is distributed to a Public Official, other than an elected official or member of the governing body of the RCA, for the Official’s personal use, to support general employee morale, retention, or to reward public service is also deemed to serve a public purpose. Such ticket distribution shall be disclosed pursuant to Section 7, below. For purposes of this subsection, “personal use” is defined as use by the Public Official, his or her family, or no more than one guest. h. Any Public Official, any member of the Public Official’s immediate family, or guest of the Public Official may return any unused ticket to the RCA for redistribution pursuant to this policy. i. The provisions of this policy apply only to benefits the Public Official receives that are provided to all members of the public with the same class of ticket.

Section 7. Disclosure Requirements. a. This policy shall be posted on the RCA’s website in a prominent manner. The RCA shall, within 30 days of adoption or amendment, send to the FPPC by email a website link that displays the policy. b. Tickets distributed by the RCA to any Public Official which the Public Official treats as income pursuant to Section 6b, above, or, which are distributed for one or more public purposes described in Section 6c, above, must be recorded on Form 802 or, on such alternative form(s) as may from time to time be designated by the FPPC. This form must be maintained as a public record, and be subject to inspection and copying as required under Government Code section 81008(a). Within 45 days the RCA must post these forms on its website and email a website link to the FPPC that displays the form. c. Tickets distributed by the RCA for which the RCA receives reimbursement from the Public Official as provided under Section 6a, above, shall not be subject to the disclosure provisions of Section 7b. d. For tickets distributed to a department or other unit of the RCA, and not used by a member of the Board, political appointee, a department head or the Executive Director the RCA may report the name of the department or other unit of the RCA and the number of tickets provided to the department or other unit in lieu of posting the name of the individual employee(s) as otherwise required.

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e. Tickets distributed to an organization outside of the RCA pursuant to Section 6e, above, shall be disclosed in accordance with Section 7b, above, but, may be done by reporting the name, address, description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the names of each individual from the organization as otherwise required.

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AGENDA ITEM NO. 9 Attachment 2

REDLINE TICKET DISTRIBUTION POLICY

REDLINE VERSION (Shows Changes Made)

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY TICKETS AND/OR PASSES DISTRIBUTION POLICY

Section 1. Purpose of Policy . The purpose of this policy is to ensure that all tickets and/or passes provided to RCA shall be are distributed in furtherance of governmental and/or public purposes as required under Section 18944.1 , Title 2, California Code of Regulations (“Regulation 18944.1”) .

In addition, the purpose of this policy is to ensure that tickets distributed by RCA under and this policy are disclosed on Form 802 and posted to RCA’s website within forty-five days of distribution, as required by Regulation 18944.1.

Section 2. Limitations. Application. This policy applies to tickets that provide admission to a facility, event, show or performance for an entertainment, amusement, recreation or similar purpose, and are either: a. This Policy shall only apply to the Authority’s distribution of tickets and/or passes to, or at the behest of, a public official for which no consideration of equal or greater value is provided by the public official. gratuitously provided to RCA by an outside source; b. Consideration of equal or greater value shall be presumed if the tickets and/or passes are distributed pursuant to this policy. acquired by RCA by purchase; c. Unless exempted otherwise under state law, any ticket and/or pass received or directed for use by a Authority official not in conformance with this policy remains subject to a separate disclosure requirements and the annual gift limit. acquired as consideration pursuant to the terms of a contract for the use of an RCA venue; or d. This policy does not generally apply to political or nonprofit fundraisers which are governed under a separate policy. acquired and distributed by RCA in any other manner.

e. Tickets and/or passes to events that primarily provide informational material and is provided to assist the Authority official in the performance of his or her official duties or that of his or her elected office being sought is also not generally subject to this policy. As any event becomes more entertainment oriented, this policy as well as Authority counsel should be consulted.

Section 3. Official Duties; Ceremonial Roles. Scope. Tickets provided to public officials as part of their official duties, or tickets provided so that the public official may perform a ceremonial role or function on behalf of the Authority shall not be subject to this Tickets and/or Passes Distribution Policy. These tickets are exempt from any disclosure or reporting requirements. This policy applies to all Public Officials, as defined in Section 4b, below.

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Section 4. Definitions. Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as that ascribed to such words and terms in the Political Reform Act of 1974 (Government Code section 8100 et seq., as the same may from time to time be amended) and the Fair Political Practices Commission (“FPPC”) Regulations (Title 2, California Code of Regulations, section 18110 et seq., as the same may from time to time be amended). a. “RCA” means the Western Riverside County Regional Conservation Authority. b. “Public Official” means every member, officer, employee or consultant of RCA as defined by Government Code section 82048 and Regulation 18700.3. Such term shall include, without limitation, any Board member or other appointed official or employee or consultant required to file an annual Statement of Economic Interests (Form 700). c. “Immediate Family” means the Public Official’s spouse and dependent children. d. “Policy” means this Policy for the Distribution of Tickets and/or Passes. e. “Ticket” shall mean and refer to a “ticket or pass” as those terms are defined in Regulation 18946 and referenced in Regulation 18944.1, both Regulations as amended from time to time, but which currently define “ticket” or “pass” as anything that provides admission or access to a facility, event, or performance for entertainment, amusement, recreation or similar purpose.

Section 5. General Provisions. a. The use of complimentary tickets is a privilege extended by RCA and not the right of any person to which the privilege may from time to time be extended. b. Transfer Prohibition. The transfer by any public official of any tickets and/or passes distributed pursuant to this policy Tickets distributed to a Public Official pursuant to this policy shall not be transferred to any other person, except to members of the public official’s immediate family solely for their personal use, or to no more than one guest solely for their attendance at the event . c. No person who receives a ticket pursuant to this policy shall resell or receive compensation for the value of such ticket. d. The Executive Director shall have the authority, in his or her sole discretion, to establish procedures for the distribution of tickets in accordance with this policy. All requests for tickets which fall within the scope of this policy shall be made in accordance with the procedures established by the Executive Director. e. The Authority delegates the authority to distribute any tickets and/or passes in accordance with this policy to the Executive Director or his or her designee shall be the “agency head” for

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26493.00000\32188010.2 purposes of implementing the provisions of this policy and completing and posting the Form 802 . In such case, where the Executive Director desires to obtain a ticket or pass, the Board of Directors authorizes the Board President to exercise RCA ’s sole discretion in determining whether the Executive Director’s use or behest of tickets and/or passes is in accordance to the terms of this policy. f. No ticket gratuitously provided to RCA by an outside source and distributed to, or at the behest of, a Public Official pursuant to this policy shall be earmarked by the original source for provision to a particular Public Official. g. A ticket provided to a Public Official and one guest of the Official at which the Official performs a ceremonial role, as defined in Regulation 18942.3, on behalf of RCA must be disclosed on Form 802 as set forth below. Any additional effort by RCA to either limit or expand permissible ceremonial roles will require that the revised policy be forwarded to the FPPC. h. The disproportionate use of tickets and passes, distributed pursuant to this policy by a member of the governing body, political appointee, department head, and Executive Director is prohibited. i. The value of any ticket shall be the fair value of the ticket. The “fair value” is the face value of the ticket, or the price at which the ticket would otherwise be offered for sale to the general public by the operator or host. Where the ticket does not reflect the actual cost for a ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of tickets available for that box or suite.

Section 6. Public Purpose for Which Tickets May be Distributed. Authority may accomplish one or more public purposes of the Authority through the distribution of tickets to, or at the behest of, a Authority official. The following list is illustrative rather than exhaustive, of the public purposes of the Authority that may be served by Authority officials attending events using tickets distributed to them by the Authority. Subject to the provisions of this policy, RCA shall only provide a ticket and/or pass to a Public Official, or at the behest of a Public Official, under one of the following public and governmental purposes: a. If the distribution is to a Public Official and the Official reimburses RCA for the fair value of the ticket(s). b. If the distribution is to a Public Official, the Official treats the ticket(s) as income consistent with applicable federal and state income tax laws and RCA complies with the reporting requirements of Section 7, below. a.c. If the distribution is to a Public Official, or is at the behest of a Public Official, such distribution must accomplish a governmental and/or public purpose. The following is a list of governmental and/or public purposes RCA may accomplish through the distribution of tickets. The list is illustrative rather than exhaustive:

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26493.00000\32188010.2 1) Promotion of habitat conservation activities by or on behalf of RCA , regionally and statewide.

2) Facilitating the performance of a ceremonial role or function by a Public Official on behalf of RCA at an event.

3) Facilitating the attendance of a Public Official at an event where the job duties of the Official require his or her attendance.

4) Promotion of AuthorityRCA issues and interests at events sponsored by other governmental agencies and government related industry groups, and nonprofit organizations.

2)5) Promotion of local and regional businesses, economic development and tourism activities within RCA that serve or may potentially serve RCA’s residents, including conventions and conferences.

6) Promotion of AuthorityRCA-run, sponsored or supported events, activities, or programs.

7) Promotion of community programs and resources available to AuthorityRCA residents, including nonprofit organizations and youth programs.

8) Marketing promotions highlighting the achievements of public agencies, local residents, nonprofits, community groups and businesses in the areas of conservation and preservation.

3)9) Promotion and marketing of private facilities available for AuthorityRCA resident use, including charitable and nonprofit facilities.

10) Promotion and marketing of AuthorityRCA facilities and resources available for public use.

11) Promotion of AuthorityRCA growth and development, including outreach efforts, economic development and job creation opportunities.

12) Promotion of specific AuthorityRCA community events provided by or sponsored by RCA.

13) Promotion of any AuthorityRCA owned sites or facilities.

14) Exchange programs with foreign officials and dignitaries.

15) Promotion of AuthorityRCA recognition, visibility, and/or profile on a local, state, national or international scale.

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26493.00000\32188010.2 4)16) Promotion of AuthorityRCA services on a local, state, national or worldwide scale.

5)17) Promotion of open government and/or community relations by Public Official appearances, participation and/or availability at business or community events.

6)18) Sponsorship agreements involving private events where AuthorityRCA specifically seeks to enhance AuthorityRCA ’s reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents.

7)19) All written contracts where AuthorityRCA as a form of consideration has required that a certain number of tickets or suites be made available for its use.

8)20) Employment retention programs.

21) Special outreach programs for veterans, teachers, emergency services, medical personnel and other civil service occupations.

9)22) Encouraging or rewarding significant academic, athletic, or public service achievements by residents or businesses of RCA service area.

10)23) Charitable 501 (c)(3) fundraisers for the purpose of networking with other community and civic leaders.

24) Promotion of and participation in intergovernmental relations and activities.

25) Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting AuthorityRCA residents.

26) Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within RCA’s service area.

27) Attracting or rewarding volunteer public service.

28) Attracting and retaining highly qualified employees in RCA’s service.

29) Recognizing or rewarding meritorious service by a AuthorityRCA employee.

30) Promoting enhanced AuthorityRCA employee performance or morale.

11)31) Recognizing contributions made to RCA by former Board members or AuthorityRCA employees.

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26493.00000\32188010.2 12)32) Spouses of AuthorityRCA officials in order to accompany him or her to any of the events listed above.

b.33) Any purpose similar to above included in any AuthorityRCA contract. d. When a public purpose involves the oversight or inspection of facilities by a Public Official, the Public Official is required to provide a written inspection report and/or recommendation. e. If the distribution is to an organization outside of RCA, such distribution is done pursuant to a public purpose outlined in Section 6c, above. f. Subject to the provisions of this policy, tickets obtained by RCA pursuant to terms of a contract for use of public property because RCA controls the event, or, by purchase at fair market value, may be distributed to Public Officials. Any distribution must accomplish a governmental and/or public purpose in accordance with Section 6c, above. g. Any ticket obtained pursuant to Section 6f which is distributed to a Public Official, other than an elected official or member of the governing body of RCA, for the Official’s personal use, to support general employee morale, retention, or to reward public service is also deemed to serve a public purpose. Such ticket distribution shall be disclosed pursuant to Section 7, below. For purposes of this subsection, “personal use” is defined as use by the Public Official, his or her family, or no more than one guest. h. Any Public Official, any member of the Public Official’s immediate family, or guest of the Public Official may return any unused ticket to RCA for redistribution pursuant to this policy. i. The provisions of this policy apply only to benefits the Public Official receives that are provided to all members of the public with the same class of ticket.

Section 5. Return of Tickets. Any public official or any member of the public official’s immediate family may return any ticket unused to the Authority for redistribution pursuant to this policy. Government Code section 82029 has defined immediate family to mean spouse and dependent children. Under no reasons, may either the public official or a member of his or her immediate family sell or further transfer any ticket and/or pass provided under this policy.

Section 6. Executive Director. The Authority delegates the authority to distribute any tickets and/or passes in accordance with this policy to the Executive Director or his or her designee. In such case, where the Executive Director desires to obtain a ticket or pass, the Board of Directors authorizes the Board President to exercise the Authority’s sole discretion in determining whether the Executive Director’s use or behest of tickets and/or passes is in accordance to the terms of this policy.

Section 7. Solicitation of Donated Tickets and/or Passes. The Executive Director may authorize Authority staff to approach companies or organizations to request donation of

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26493.00000\32188010.2 tickets and/or passes to facilitate the achievement of the governmental and public purposes described below.

Section 8. Transfer Prohibition. The transfer by any public official of any tickets and/or passes distributed pursuant to this policy to any other person, except to members of the public official’s immediate family for their personal use, is prohibited.

Section 9. Website Posting. This policy shall be posted on the Authority’s website in a prominent fashion. These forms shall be posted for 12 months and may be removed at the Authority’s discretion anytime thereafter.

Section 10. Website Disclosure. The distribution of a tickets or passes pursuant to this policy shall be posted on the Authority website in a prominent fashion within 30 days after the ticket distribution and shall include all the information as required under Section 18944.1. Any such posting shall use FPPC Form 802 or such alternative form as may be approved or amended from time to time.

Section 7. Disclosure Requirements a. This policy shall be posted on RCA’s website in a prominent manner. RCA shall, within 30 days of adoption or amendment, send to the FPPC by email a website link that displays the policy. b. Tickets distributed by RCA to any Public Official which the Public Official treats as income pursuant to Section 6b, above, or, which are distributed for one or more public purposes described in Section 6c, above, must be recorded on Form 802 or, on such alternative form(s) as may from time to time be designated by the FPPC. This form must be maintained as a public record, and be subject to inspection and copying as required under Government Code section 81008(a). Within 45 days RCA must post these forms on its website and email a website link to the FPPC that displays the form. c. Tickets distributed by RCA for which RCA receives reimbursement from the Public Official as provided under Section 6a, above, shall not be subject to the disclosure provisions of Section 7b. d. For tickets distributed to a department or other unit of RCA, and not used by a member of the Board, political appointee, a department head or the Executive Director RCA may report the name of the department or other unit of RCA and the number of tickets provided to the department or other unit in lieu of posting the name of the individual employee(s) as otherwise required. e. Tickets distributed to an organization outside of RCA pursuant to Section 6e, above, shall be disclosed in accordance with Section 7b, above, but, may be done by reporting the name, address, description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the names of each individual from the organization as otherwise required.

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2019 RCA - Commonly Used Acronyms

ARL Additional Reserve Lands BUOW Burrowing Owl CALFIRE California Department of Forestry and Fire Protection CALTRANS California Department of Transportation CD Consistency Determination CDFG California Department of Fish and Game CDFW California Department of Fish and Wildlife (formerly CDFG) CEQA California Environmental Quality Act CETAP Community and Environmental Transportation Acceptability Process CHD Critical Habitat Designation CIP Capital Improvement Program CNLM Center for Natural Lands Management DBESP Determination of Biologically Equivalent or Superior Preservation EMWD Eastern Municipal Water District EPD Environmental Programs Department (Riverside County) ERP Expedited Review Process ESA Endangered Species Act FAST Fixing America’s Surface Transportation FY Fiscal Year HANS Habitat Evaluation and Acquisition Negotiation Strategy HCP Habitat Conservation Plan HMU Habitat Management Unit IC Interchange IMER Initial Management Evaluation Report JPR Joint Project Review LDMF Local Development Mitigation Fee MOU Memorandum of Understanding MSHCP Multiple Species Habitat Conservation Plan OHV Off-Highway Vehicle PCL Proposed Constrained Linkage PQP Public/Quasi-Public PSE Participating Special Entities RCA Regional Conservation Authority RCD Resource Conservation Districts RCOE Riverside County Office of Education RCRCD Riverside-Corona Resource Conservation District RCTC Riverside County Transportation Commission RCTD Riverside County Transportation Department RMOC Reserve Management Oversight Committee ROVE Recreation Off-Highway Vehicle Enforcement SAWA Santa Ana Watershed Association SB San Bernardino SR State Route SWG State Wildlife Grant TAC Technical Advisory Committee TIFIA Transportation Infrastructure Finance and Innovation Act TUMF Transportation Uniform Mitigation Fee USFWS United States Fish and Wildlife Service UTM Nad 83 Zone 11 Meter Coordinate System for Maps WA Wildlife Agencies (USFWS & CDFW) WCB Wildlife Conservation Board WIFIA Water Infrastructure Finance and Innovation Act WIIN Water Infrastructure Improvements for the Nation WPT Western Pond Turtle WRDA Water Resources Development Act Revised 051118