Coachella Valley Conservation Commission

Home , Indio Hills Palms, Orocopia Mountains

COACHELLA VALLEY CONSERVATION COMMISSION

Thursday, May 10, 2012 11:00 a.m.

CVAG Offices 73-710 Fred Waring Drive, Suite 119 Palm Desert, CA 92260 (760) 346-1127

Teleconferencing will be available at: Imperial Irrigation District 1653 W. Main Street El Centro CA 92243

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

1. CALL TO ORDER - Chair Richard W. Kite, Councilmember, City of Rancho Mirage

2. ROLL CALL

A. Member Roster P. 4

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS

This is the time and place for any person wishing to address the Coachella Valley Conservation Commission to do so.

5. COMMITTEE MEMBER/DIRECTOR COMMENTS

6. CONSENT CALENDAR`

A. Approve Minutes of the April 12, 2012 Coachella Valley Conservation P. 5 Commission

B. Receive and File

1. Quarterly Unaudited Financial Statements as at March 31, 2012 P. 8

2. Investment Report as at March 31, 2012 P. 9

3. Participating Special Entity Status for Southern California Edison Pole P. 10 Replacement Project

4. Attendance Roster P. 11

7. DISCUSSION / ACTION

(Map 1 – Regional Context for Land Acquisitions is referenced in staff reports 7A through 7E. Map 1 is found only in Item 7A)

A. Acquisition of approximately 2.74 acres from private landowners for a total P. 12 purchase price of $38,000 plus closing costs (continued from April 12 meeting) - Kevin McKernan, Coachella Valley Mountains Conservancy

RECOMMENDATION: Approve Resolution 12-004 authorizing acquisition of 2.74 acres (2 parcels) within the CVMSHCP Conservation Areas for a total purchase price of $38,000 and an additional amount not expected to exceed $1,000 for closing costs, and authorize the Executive Director or Chair to sign documents and take such actions as necessary to effect the conveyance.

B. Memorandum of Understanding with California Department of Fish and Game P. 18 for Management of Desert Ranch property – Kevin McKernan and Katie Barrows

RECOMMENDATION: Approve a Memorandum of Understanding (MOU) between CVCC and the California Department of Fish and Game (CDFG) regarding ownership and management of the Desert Ranch property, and authorize the Executive Director to sign the MOU, pending final approval by CDFG, review by legal counsel, and approval of the Chair.

C. Acquisition of 494.76 acres from Bank VI for a total purchase price of $4,800,000, P. 23 plus closing costs, with federal endangered species funds and a Coachella Valley Mountains Conservancy grant - Kevin McKernan, Coachella Valley Mountains Conservancy

RECOMMENDATION: Approve: 1. Resolution 12-006 authorizing acquisition of 3 parcels totaling 494.76 acres known as the Indio Trails property (APNs 750-190-003, 750-190-004 and 750-190-005) within the Thousand Palms Conservation Area for a purchase price of $4,800,000 with a Wildlife Conservation Board subgrant of federal Section 6 funds and a grant from the Coachella Valley Mountains Conservancy, including closing costs estimated at $6,000;

2. Authorizing the Executive Director or Chair to sign documents and take such actions as necessary to effect the conveyance; 3. A Memorandum of Understanding (MOU) between CVCC and the California Department of Parks and Recreation (State Parks) regarding ownership and management of the land, and authorize the Executive Director to sign the MOU, pending approval by State Parks, review by legal counsel, and approval of the Chair.

D. Accept 0.96 acre donation parcel from private landowner - Kevin McKernan, P. 32 Coachella Valley Mountains Conservancy

Recommendation: Approve Resolution 12-007 authorizing acceptance of the donated parcel within the Upper Mission Creek/Big Morongo Canyon Conservation Area and closing costs not expected to exceed $1000, and authorize the Executive Director or Chair to sign documents and take such actions as necessary to effect the conveyance.

E. Acquisition of approximately 9.84 acres from private landowners for a total P. 36 purchase price of $79,000 plus closing costs - Kevin McKernan, Coachella Valley Mountains Conservancy

Recommendation: Approve Resolution 12-008 authorizing acquisition of 9.84 acres (five parcels) within the Willow Hole Conservation Area for a total purchase price of $79,000, and an additional amount not expected to exceed $1,000 for closing costs, and authorize the Executive Director or Chair to sign documents and take such actions as necessary to effect the conveyance.

F. Stormwater Channel and Delta Reserve Management Unit Plan – Katie Barrows P. 41

RECOMMENDATION: Adopt the Stormwater Channel and Delta Reserve Management Unit Plan.

8. ANNOUNCEMENTS

Next Scheduled CVCC Meeting:

Coachella Valley Conservation Commission – Thursday, June 14, 2012, 11:00 a.m., at 73-710 Fred Waring Drive, Conference Room 119, Palm Desert.

Upcoming Meetings at the Classic Club, 75200 Classic Club Boulevard, Palm Desert:

 Executive Committee – Monday, June 25, 2012, 5:15 p.m.  General Assembly – Monday, June 25, 2012, 6:00 p.m.

ITEM 2A Coachella Valley Conservation Commission

2012 Member Roster

Coachella Valley Conservation Members JURISDICTION MEMBER City of Cathedral City Mayor Kathleen DeRosa City of Coachella Mayor Pro Tem Emmanuel Martinez City of Desert Hot Springs Councilmember Russell Betts City of Indian Wells Mayor Pro Tem William T. Powers City of Indio Councilmember Michael Wilson, Vice Chair City of La Quinta Councilmember Linda Evans City of Palm Desert Councilmember Cindy Finerty City of Palm Springs Councilmember Chris Mills City of Rancho Mirage Councilmember Richard W. Kite, Chair County of Riverside, 1st District Supervisor Bob Buster County of Riverside, 2nd District Supervisor John Tavaglione (Alternate Vacant) County of Riverside, 3rd District Supervisor Jeff Stone County of Riverside, 4th District Supervisor John J. Benoit County of Riverside, 5th District Supervisor Marion Ashley Coachella Valley Water District Board Member Corky Larson Imperial Irrigation District Board Member Anthony Sanchez

Staff Tom Kirk, Executive Director Katie Barrows, Director of Environmental Resources Jim Sullivan, GIS Program Director Gary Leong, Director of Administrative Services Linda Rogers, Program Assistant II

ITEM 6A Coachella Valley Conservation Commission Meeting Minutes April 12, 2012 The audio file for this committee can be found at: http://www.cvag.org/minutes.htm

1. CALL TO ORDER

The meeting of the Coachella Valley Conservation Commission (“CVCC”) was called to order by Chair Richard W. Kite at 11:02 p.m. on April 12, 2012.

2. ROLL CALL

Roll call was taken and it was determined that a quorum was present.

Members Present Agency Mayor Kathleen DeRosa City of Cathedral City Mayor Yvonne Parks City of Desert Hot Springs Councilmember Bill Powers City of Indian Wells Councilmember Michael Wilson, Vice Chair City of Indio Councilmember Linda Evans City of La Quinta Councilmember Cindy Finerty City of Palm Desert Councilmember Chris Mills City of Palm Springs Councilmember Richard W. Kite, Chair City of Rancho Mirage Supervisor Jeff Stone County of Riverside – 3rd District Supervisor John J. Benoit County of Riverside – 4th District Board Member Corky Larson Coachella Valley Water District

Members Absent Mayor Pro Tem Emmanuel Martinez City of Coachella Councilmember Steven Hernandez County of Riverside – 5th District (alternative for Supervisor Ashley) Board Member Anthony Sanchez Imperial Irrigation District

Others Present Jim Foote Bureau of Land Management Kevin McKernan Coachella Valley Mountains Conservancy Nancy Wright Mission Springs Water District

CVAG Staff Tom Kirk Katie Barrows Gary Leong Linda Rogers

3. PLEDGE OF ALLEGIANCE

Chair Richard W. Kite led in the Pledge of Allegiance.

Coachella Valley Conservation Commission 1 Minutes – 4-12-2012

4. PUBLIC COMMENTS

None.

5. COMMITTEE MEMBER/DIRECTOR COMMENTS

None.

6. DISCUSSION / ACTION

IT WAS MOVED BY MAYOR PRO TEM POWERS AND SECONDED BY SUPERVISOR BENOIT TO:

A. Approve Minutes of the February 9 and February 27, 2012 Coachella Valley Conservation Commission

B. Accept a Fiscal Year 2011-2012 Environmental Enhancement and Mitigation Program Grant in the amount of $350,000 from Caltrans for acquisition of lands in the Willow Hole Conservation Area.

THE MOTION PASSED WITH ABSTENTIONS BY THE CITY OF DESERT HOT SPRINGS ON 6A, AND THE CITY OF LA QUINTA ABSTAINING ON THE MINUTES OF FEBRUARY 9TH.

C. Receive and File 1) Conflict of Interest Issues Regarding Coachella Valley Mountains Conservancy 2) Attendance Roster

Items C1 and C2 were received and filed by the CVCC.

7. DISCUSSION / ACTION

A. Acquisition of Approximately 2.74 Acres from Private Landowners for a Total Purchase Price of $38,000 Plus Closing Costs

There was discussion regarding maps 1 & 2, and APN numbers missing on maps 3 and 4, cost of the parcels and assessed values. The CVCC discussed continuing this item until May’s meeting so that the maps could be corrected and that cross streets be properly marked.

IT WAS MOVED BY SUPERVISOR STONE AND SECONDED BY BOARD MEMBER LARSON TO CONTINUE THIS ITEM UNTIL THE MAY 10, 2012 MEETING WITH THE APPROPRIATE MAPS.

THE MOTION CARRIED.

Coachella Valley Conservation Commission 2 Minutes – 4-12-2012

B. Acquisition of 1,342 acres from Friends of the Desert Mountains for a total purchase price of $1,785,785, plus closing costs, using federal Endangered Species Funds

IT WAS MOVED BY BOARD MEMBER LARSON AND SECONDED BY SUPERVISOR STONE TO APPROVE RESOLUTION 12-005 AUTHORIZING ACQUISITION OF 1,342 ACRES (8 PARCELS) WITHIN THE SANTA ROSA AND SAN JACINTO MOUNTAINS CONSERVATION AREA FOR A PURCHASE PRICE OF $1,785,785 USING FEDERAL SECTION 6 ENDANGERED SPECIES FUNDS, THROUGH A WILDLIFE CONSERVATION BOARD (WCB) SUBGRANT AND AN ADDITIONAL AMOUNT NOT EXPECTED TO EXCEED $6,000 FOR CLOSING COSTS, AND AUTHORIZE THE EXECUTIVE DIRECTOR OR CHAIR TO SIGN DOCUMENTS AND TAKE SUCH ACTIONS AS NECESSARY TO EFFECT THE CONVEYANCE.

THIS MOTION SHALL BE CONTINGENT UPON APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CVCC AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME AT THE MAY 10TH MEETING.

THE MOTION CARRIED.

C. Appointment to Trails Management Subcommittee

Katie Barrows addressed the issue of an opening on the Trails Management Subcommittee and asked the CVCC to provide direction and provide staff with a list of names. Board Member Larson provided the name of Franz DeKlotz.

IT WAS MOVED BY COUNCILMEMBER POWERS AND SECONDED BY MAYOR DEROSA THAT THE CVCC PROVIDE NAMES TO STAFF FOR CONSIDERATION TO SERVE ON THE TRAILS MANAGEMENT SUBCOMMITTEE, AND THAT THOSE RECOMMENDED BY THE CVCC BE NARROWED DOWN FOR SELECTION AND PRESENTED TO THE CVCC AT A FUTURE MEETING.

THE MOTION CARRIED.

8. ANNOUNCEMENTS

Upcoming Meetings:

Coachella Valley Conservation Commission – 11:00 a.m., Thursday, June 14, 2012 at 73-710 Fred Waring Drive, Conference Room 119, Palm Desert.

The meeting adjourned at 11:58 a.m.

Respectfully submitted,

Linda Rogers

Linda Rogers Program Assistant II

Coachella Valley Conservation Commission 3 Minutes – 4-12-2012

ITEM 6B.1 COACHELLA VALLEY CONSERVATION COMMISSION UNAUDITED FINANCIAL STATEMENTS (AS AT MARCH 31, 2012)

MANAGEMENT & MONITORING GENERAL ADMINISTRATION LAND ACQUISITION ENDOWMENT LIZARD ENDOWMENT CRITICAL WILDLIFE TOTAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL ASSETS Cash - County Treasurer$ 82,685 $ - $ 1,645,436 $ 3,599,378 $ 306,674 $ 30,000 $ 5,664,173 Cash - Union Bank - - - 42,910 - - 42,910 Deposits - - 65,415 - - - 65,415 Due From Other Funds - - - 18,640 - - 18,640 Fixed Assets - Land - - 33,545,340 - - - 33,545,340 Total Assets$ 82,685 $ - $ 35,256,191 $ 3,660,928 $ 306,674 $ 30,000 $ 39,336,478

LIABILITIES Due To Other Funds$ - $ 18,640 $ - $ - $ - $ - $ 18,640 Total Liabilities$ - $ 18,640 $ - $ - $ - $ - $ 18,640

FUND BALANCE Undesignated$ 82,685 $ (18,640) $ 1,710,851 $ 3,660,928 $ 306,674 $ 30,000 $ 5,772,498 Investment In Fixed Assets - - 33,545,340 - - - 33,545,340 Total Fund Balances $ 82,685 $ (18,640) $ 35,256,191 $ 3,660,928 $ 306,674 $ 30,000 $ 39,317,838

TOTAL LIABILITIES AND FUND BALANCES$ 82,685 $ - $ 35,256,191 $ 3,660,928 $ 306,674 $ 30,000 $ 39,336,478

REVENUES: Development mitigation fees$ 142,800 $ - $ - $ - $ 865,200 $ 792,721 $ - $ - $ - $ - $ - $ - $ 1,008,000 $ 792,721 Agencies mitigation fees - - - - 4,944,856 2,422,200 1,400,635 900,635 - - - - 6,345,491 3,322,835 Tipping fee - - 370,000 184,962 ------370,000 184,962 Contributions - - - - 45,000 ------30,000 45,000 30,000 Grants - - - - 5,403,000 1,000,000 ------5,403,000 1,000,000 Other Revenue - 10,000 ------10,000 Investment Income 500 172 - - 3,000 2,479 17,000 8,789 1,800 723 - - 20,500 12,163 Total Revenues$ 143,300 $ 10,172 $ 370,000 $ 184,962 $ 11,261,056 $ 4,217,400 $ 1,417,635 $ 909,424 $ 1,800 $ 723 $ - $ 30,000 $ 13,191,991 $ 5,352,681

EXPENDITURES: Administrative Fees$ 1,428 $ - $ - $ - $ 8,652 $ 7,927 $ - $ - $ - $ - $ - $ - $ 10,080 $ 7,927 Accounting / Bank Charges - - 1,110 1,009 ------1,110 1,009 Comprehensive Insurance - - 10,955 10,722 ------10,955 10,722 Per Diem Payments - - 9,600 5,250 ------9,600 5,250 Office Supplies - - 3,000 75 ------3,000 75 Printing - - 15,000 ------15,000 - Land Improvements - - - - 80,000 525 ------80,000 525 Legal Services - - 72,000 4,893 3,000 ------75,000 4,893 Professional Services - - 8,048 7,890 20,000 17,680 ------28,048 25,570 Consultants 529,075 169,406 308,000 192,564 283,395 115,326 ------1,120,470 477,296 Sub-Total Expenditures$ 530,503 $ 169,406 $ 427,713 $ 222,403 $ 395,047 $ 141,458 $ - $ - $ - $ - $ - $ - $ 1,353,263 $ 533,267

OTHER Land acquisitions$ - $ - $ - $ - $ 10,446,897 $ 3,418,350 $ - $ - $ - $ - $ - $ - $ 10,446,897 $ 3,418,350 Furniture and equipment - - 5,000 ------5,000 - Operating Transfers Out ------529,967 188,035 - - - - 529,967 188,035 Operating Transfers In (467,254) (169,234) (62,713) (18,801) ------(529,967) (188,035) Sub-Total Other$ (467,254) $ (169,234) $ (57,713) $ (18,801) $ 10,446,897 $ 3,418,350 $ 529,967 $ 188,035 $ - $ - $ - $ - $ 10,451,897 $ 3,418,350

Total Expenditures and Other$ 63,249 $ 172 $ 370,000 $ 203,602 $ 10,841,944 $ 3,559,808 $ 529,967 $ 188,035 $ - $ - $ - $ - $ 11,805,160 $ 3,951,617

NET EXCESS (DEFICIT) $ 80,051 $ 10,000 $ - $ (18,640) $ 419,112 $ 657,592 $ 887,668 $ 721,389 $ 1,800 $ 723 $ - $ 30,000 $ 1,386,831 $ 1,401,064

FUND BALANCE - BEGINNING $ - $ 72,685 $ - $ - $ - $ 1,053,259 $ - $ 2,939,539 $ - $ 305,951 $ - $ - $ 4,125,440 $ 4,065,483

FIND BALANCE - ENDING$ 80,051 $ 82,685 $ - $ (18,640) $ 419,112 $ 1,710,851 $ 887,668 $ 3,660,928 $ 1,800 $ 306,674 $ - $ 30,000 $ 5,512,271 $ 5,466,547

Item 6B.3 Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Participating Special Entity Status for Southern California Edison Pole Replacement Project

Contact: Jim Sullivan, GIS Program Director ([email protected])

RECOMMENDATION: Information only.

BACKGROUND: The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) provides a procedure for non-Permittees to receive coverage for the “Take” of listed species. Section 11.7.1 states:

“Any public service provider, such as a utility company or a public district, including, but not limited to, a school, water, or irrigation district, that operates facilities and/or owns land within the Plan Area may request Take Authorization for its activities pursuant to the Permits as a Participating Special Entity (PSE).”

Staff has completed a small PSE for Southern California Edison (SCE) to cover a project to replace three poles along Indian Canyon Drive. The PSE process provides significant benefits to both SCE and the CVMSHCP. SCE receives the benefit of streamlined approval with set mitigation fees and requirements. The CVMSHCP benefits by assuring the project is consistent with Plan requirements. All mitigation and administrative fees for the PSE are remitted to CVCC. The PSE process concludes with CVCC issuing a Certificate of Inclusion for the project.

Staff is working with Southern California Edison (SCE) on an overall agreement to cover their future projects as well as operations and maintenance as a PSE.

FISCAL ANALYSIS: For the pole replacement project, SCE remitted a total of $11,840 to CVCC. This payment consisted of a habitat mitigation fee of $6,840 (3% of the estimated project cost of $228,000) and an administrative fee of $5,000 to cover CVCC costs. COACHELLA VALLEY CONSERVATION COMMISSION ITEM 6B.4 Attendance Roster Calendar Year 2012

Jurisdictions/Permittees Present Calendar Year 2012 Jan Feb. 9th Feb. 20th Apr May June Sept. Nov. Spec. Mtg. CATHEDRAL CITY XX XX COACHELLA XX X DESERT HOT SPRINGS XX XX INDIAN WELLS XX XX INDIO XX XX LA QUINTA XXX PALM DESERT XX XX PALM SPRINGS XXX RANCHO MIRAGE XX XX COUNTY OF RIVERSIDE - 2nd Dist. COUNTY OF RIVERSIDE - 3rd Dist. XX XX COUNTY OF RIVERSIDE - 4th Dist. XX XX COUNTY OF RIVERSIDE - 5th Dist. XX XX COACHELLA VALLEY WATER DIST XX XX IMPERIAL IRRIGATION DISTRICT X

X = Elected member in attendance

= Absent

** The CVCC has moved to a 7-month meeting schedule.

5/3/2012

Item 7A Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Acquisition of approximately 2.74 acres from private landowners for a total purchase price of $38,000 plus closing costs (continued from April 12 meeting)

Contact: Kevin McKernan, Coachella Valley Mountains Conservancy ([email protected])

BACKGROUND: At the April 12, 2012 meeting, the CVCC considered acquisition of these two parcels. The Commission had some concerns about the information provided, in particular on the maps. As a result of a mapping error, the location of the Romo parcel was incorrectly identified on the maps included with the April agenda packet. The Commission also requested that the streets in the vicinity of the parcel be identified more clearly. The Commission continued the item to the May 10th meeting to allow for corrected maps to be presented. The attached Map 1 (color map) shows the regional context for all of the land acquisitions on this agenda, including these two parcels. Map 2 replaces the maps presented on April 12 and shows the location of the Romo and Belzman parcels with respect to nearby streets. These are small but important parcels that help to meet the CVMSHCP conservation goals.

1. Map 2 – Romo Parcel (color map): APN 660-102-001, totaling approximately 0.23 acres for a purchase price of $18,000 plus closing costs totaling approximately $500, located in the Willow Hole Conservation Area. The parcel is within the unincorporated area of existing residential lots and homes with associated infrastructure. It is on a paved road, Circle B Drive, with developed utilities. This land is more “developable” compared to other parcels CVCC acquires that are in undeveloped open space areas without infrastructure. The parcel is also within an important sand transport area for the original Willow Hole/Edom Hill Coachella Valley Fringe-toed Lizard (CVFTL) Preserve, as well as providing habitat for the CVFTL, the Coachella Valley round-tailed ground squirrel, the Palm Springs pocket mouse, and the Coachella Valley milkvetch.

2. Map 2 - Belzman Parcel (color map): APN 665-100-022, totaling approximately 2.51 acres for a purchase price of $20,000 plus closing costs totaling approximately $500, located in Morongo Wash in the Upper Mission Creek/Big Morongo Wash Conservation Area. The parcel is within the City of Desert Hot Springs, along Morongo Wash in a floodplain area with limited development. It is also an important sand transport area for the Willow Hole/Edom Hill Coachella Valley Fringe-toed Lizard (CVFTL) Preserve, as well as providing habitat for the Burrowing Owl.

The owners have accepted our offer at the CVCC’s appraised value. The offers were contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the property, or, if clean-up is required that Seller will effect the clean-up; and (3) Seller’s ability to provide to Buyer an owner's policy of title insurance, in the amount of the total purchase price, evidencing Seller can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by Buyer, together with unrestricted access. If CVCC approves the purchase of the parcels today, the purchases would remain subject to contingencies 2 and 3. CVCC and CVMC staff will inspect the properties and determine if any clean-up is required before contingency 2 can be removed. CVMC staff will also order a Preliminary Title Report for the property to enable the Acquisitions Manager to determine if contingency 3 can be removed by close of escrow.

FISCAL ANALYSIS: A total cost of $38,000 for the purchase price and an additional amount not expected to exceed $1,000 for closing costs, funded from the Land Acquisition Fund.

CONTRACT FINALIZATION: Minor changes/revisions may be made for clarification purposes by CVCC Executive Director and Legal Counsel prior to execution.

Resolution No: 12-004

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APN 660-102-001 and 665-100-022

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and

WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and

WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and

WHEREAS, APN’s 660-102-001 and 665-100-022 comprising approximately 2.74 acres, as further described in Exhibit A, is within the Upper Mission Creek and Willow Hole Conservation Areas of the Plan, and was appraised by the Commission; and

WHEREAS, the owner has accepted a contingent offer for CVCC to purchase the property at the market value determined by the appraisal; and

WHEREAS, acquisition of the above described property would advance the goals and objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the purchase of said parcels at a total purchase price of $38,000 and closing costs not expected to exceed $1000 from the Regional Road Project Mitigation and Regional Infrastructure Mitigation Fund;

FURTHER, be it resolved that the Commission approves the Subgrant agreement with the Wildlife Conservation Board; and

FURTHER, the Commission hereby authorizes the Executive Director to make the final determination as to which funds are used to accomplish the purchase prior to close of escrow and to execute Escrow Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other documents that may be necessary to effect the acquisition of this property.

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 12th day of April, 2012.

APPROVED:

______Richard W. Kite Tom Kirk Chair Executive Director

Exhibit A

The land referred to herein is situated in the State of California, County of Riverside, described as follows:

APNs Legal Descriptions: 660-102-001 0.23 acres in LOT 8 MB 042/062 TR 2186 CIRCLE B RANCH ESTATES 665-100-022 2.51 acres in PAR 33 RS 020/079 Map 1 – Regional Context for Land Acquisitions May 10, 2012 Agenda

Map 5 - Item 7D- Lee Arce

Map 2 – Item 7A - Belzman and Romo Mission Lakes 62 «¬ DESERT Country Club HOT SPRINGS

E I Map 6 - Item 7E- Escobedo and Alvarez

T D I

N L U LO O N M R D R D

M L A P

D PALM SPRINGS R S M L A Map 4 -Item 7C- Indio Trails P D N A S RA MO N RD U O H

H S

111 A «¬ ¨¦§10 W PALM INDIO DESERT

LA QUINTA

74 «¬ «¬86

Map 3 -Item 7B- Desert Ranch

Salton Sea

0 25 50 Miles

Legend

Conservation Area Major Roads Ü Map 2 – Item 7A: Belzman and Romo Parcels Acquisition

Legend circle b dr Parcel Boundaries Item 7A - Belzman Parcel Major Roads Existing Conservation Conservation Area DILLON RD Belzman Parcel Romo Parcel City Boundaries

I R

V D

N M

A L

I A

T P

Circle B Dr

20th AVE

Item 7A - Romo Parcel

VAR NER RD DESERT HOT

SPRINGS

M L

PALM A P SPRINGS ¨¦§10 CATHEDRAL CITY

0 0.5 1 2 Miles Ü

Item 7B Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Memorandum of Understanding with California Department of Fish and Game for Management of Desert Ranch property

Contact: Kevin McKernan, Coachella Valley Mountains Conservancy ([email protected]) Katie Barrows, Director of Environmental Resources ([email protected])

BACKGROUND: At the April 12, 2012 meeting, the CVCC approved Resolution 12-005 authorizing CVCC to apply for a Section 6 subgrant from the Wildlife Conservation Board (WCB) to acquire the so-called Desert Ranch properties, approximately 1,342.23 acres. These properties are along the eastern edge of the Santa Rosa Mountains, south of Thermal (see attached Map 3 (color map). At the April meeting, staff also presented a draft Memorandum of Understanding (MOU) between CVCC and the California Department of Fish and Game (CDFG) to provide for CVCC ownership and CDFG management of the Desert Ranch property. The MOU was not complete at the time of the meeting as it had not been fully reviewed by CDFG staff and legal counsel.

The updated MOU is attached for your consideration. To review the status of this item, CDFG has agreed to take on management responsibility for these properties through this MOU. This MOU provides for CVCC to take title to up to 2,105.36 acres of land and for CDFG to provide management of these lands in the short term until the parcels can be transferred to them. The MOU specifies that CDFG will provide patrols, clean-up, post signs, and other management tasks as appropriate, consistent with the CVMSHCP. These management activities will be coordinated with CVCC and other partners through the Reserve Management Oversight Committee. The MOU has been reviewed by CDFG staff and legal counsel and is ready for approval by CVCC. Once approved, the MOU will be signed by both parties. Staff recommends that CVCC authorize the Executive Director be given latitude to make non-substantive changes if necessary, and sign the MOU pending review by legal counsel and approval of the Chair.

The Coachella Valley Mountains Conservancy has also provided mitigation fees, for which this property is eligible, in the amount of $50,000 to assist CVCC in its bighorn sheep management and monitoring efforts. The MOU covers a total of 2,105.36 acres for Phase I (1,342.23 acres) and Phase II (763.12 acres) of the Desert Ranch acquisition; Phase II is still in progress and once it is completed by the Friends, a request for CVCC to purchase these 763.13 acres with funds from WCB will be brought before the CVCC for consideration.

FISCAL ANALYSIS: The costs of management of these parcels will be the responsibility of CDFG as described in the MOU.

CONTRACT FINALIZATION: Minor changes/revisions may be made for clarification purposes by CVAG Executive Director and Legal Counsel prior to execution.

DRAFT MEMORANDUM OF UNDERSTANDING Between California Department of Fish and Game And Coachella Valley Conservation Commission For Management of Parcels 755-200-008, 755-200-009, 755-220-003, 755-220-004, 755- 220-008, 755-290-013, 755-290-018, 755-290-021, 751-300-006, 755-350-001, 755- 350-009, 755-360-012, and 755-360-013 in the Santa Rosa Wildlife Area in Riverside County

This Memorandum of Understanding ("MOU") is entered into between the California Department of Fish and Game ("CDFG") and the Coachella Valley Conservation Commission ("CVCC") (collectively the "Parties") for the management of 2,105.36 acres of land (described herein as “the Parcels”) located in and adjacent to the CDFG Santa Rosa Wildlife Area (“SRWA”) in Riverside County, in which CVCC will hold title to the land and CDFG will be land manager.

RECITALS

WHEREAS, CDFG is a public agency of the State of California; and

WHEREAS, CVCC is a joint powers authority responsible for implementing the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“CVMSHCP”); and

WHEREAS, CVCC will purchase Riverside County parcels 755-200-008, 755-200-009, 755- 220-003, 755-220-004, 755-220-008, 755-290-013, 755-290-018, 755-290-021, 751-300-006, 755-350-001, 755-350-009, 755-360-012, and 755-360-013 (“the Parcels”) through a subgrant from the Wildlife Conservation Board of federal Section 6 Cooperative Endangered Species Conservation Fund money, with the provision that CVCC may convey the property to CDFG or another qualified conservation entity at a later date; and

WHEREAS, although CDFG is not currently in a position to take title, the Parcels are in or adjacent to the SRWA in which CDFG currently owns and/or manages other parcels; and

WHEREAS, although CVCC is not currently in a position to manage the Parcels, CVCC desires that they be managed by a qualified conservation entity as wildlife habitat consistent with the CVMSHCP; and

WHEREAS, CDFG and CVCC desire to cooperate in the conservation of the Parcels until CDFG, or another qualified conservation entity, is able to accept both ownership and management responsibilities; and

WHEREAS, CDFG and CVCC are willing to share the responsibility, CVCC for ownership, and CDFG for management, of the Parcels until title and management can be conveyed to CDFG, or another qualified conservation entity; and

WHEREAS, CDFG and CVCC desire to define each of their respective responsibilities for the interim ownership and management of the Parcels;

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. EFFECTIVE DATE: This MOU is effective as of this ___ day of May 2012, having been executed by both Parties.

2. DESCRIPTION OF PARCELS: The Parcels are APNs 755-200-008, 755-200-009; 755- 220-003, 755-220-004, 755-220-008; 755-290-013, 755-290-018, 755-290-021, 751-300-006, 755-350-001, 755-350-009, 755-360-012, and 755-360-013.

A. LOCATION: The Parcels total 2,105.36 acres in Riverside County south of the City of La Quinta and west of Highway 86 near the community of Oasis, more particularly described as T7S R8E, Section 31; T8S R8E portions of Section 6; T8S R8E, Section16 and portions of Sections 22 and 26, on a USGS Topographic map.

B. LAND OWNERSHIP RESPONSIBILITIES: CVCC shall undertake and be responsible for all requirements of parcel ownership relating to property tax exemption and payment of other land tax assessments as required by Riverside County.

C. LAND MANAGEMENT RESPONSIBLITIES: CDFG shall undertake and be responsible for management of the Parcels per CDFG resource management practices and consistent with the CVMSHCP.

i. SIGNAGE: CDFG will coordinate with CVCC to post and maintain the boundaries of the Parcels as appropriate with signs based on CDFG's departmental standards and the CVMSHCP.

ii. VEHICLE ACCESS: CDFG will designate roads to allow access as appropriate for administrative purposes and shall cause all other vehicle trails to be closed, signed, and eventually rehabilitated. No vehicle access shall be authorized except pursuant to the mutual agreement of CDFG and CVCC.

iii. TRAILS: No authorized trails are currently identified or intended on the Parcels. CDFG and CVCC will evaluate any proposed trails consistent with the CVMSHCP Trails Plan; however, no proposed trails shall be authorized except pursuant to the mutual agreement of CDFG and CVCC.

iv. MANAGEMENT: CDFG will take responsibility for trash removal and overall resource management, consistent with the CVMSHCP. Any new use of the Parcels that would require additional management is subject to the mutual approval of both CDFG and CVCC.

v. LAW ENFORCEMENT: CDFG will provide patrols and enforcement personnel to patrol the Parcels as part of their usual patrol of the SRWA properties, as time and staffing permit, and will enforce laws pertaining to protection of the land, including but not limited to those related to OHV use, littering and firearms. CVCC and CDFG will mutually agree on the appropriate level of law enforcement activity necessary to meet CVMSHCP conservation goals.

3. GENERAL PROVISIONS:

A. COOPERATION: The Parties agree to cooperatively develop the overall management strategies to be implemented by CDFG for the Parcels.

B. MUTUAL COMMITMENT: It is understood that CDFG’s commitments as set forth in this MOU are contingent on CVCC’s continued fulfillment of all of its obligations contained herein. Likewise, CVCC’s commitments are contingent on CDFG’s continued fulfillment of all its obligations contained herein. The failure by either Party to continue to fulfill its obligations in any material way will relieve the other Party of any obligations to continue to honor its commitments as set forth above.

If one Party believes that the other Party may fail or has failed to fulfill all of its obligations contained herein, the Parties shall promptly meet in an effort to resolve the alleged failure such that both Parties agree to continue to fulfill all of their obligations contained herein.

C. COMPLETE AGREEMENT: This MOU contains the complete agreement of CDFG and CVCC in regards to the subject matter of this MOU and there are no other agreements, oral or written except as are included within the terms of this MOU. Any amendments or clarifications to this MOU must be in writing executed by both Parties.

D. SEVERABILITY: Should any provision of the MOU be found to be void or unenforceable, it shall be severable from the rest of the MOU and the remaining terms shall be enforced as if the unenforceable term had not existed.

E. MUTUAL DRAFTING: This MOU shall be deemed to have been drafted by both Parties, with each having equal say and status. In no event shall any term be interpreted more favorably as to one Party or the other.

F. TERM: Subject only to the terms of the subgrant agreement with the Wildlife Conservation Board, at CVCC's sole discretion it may transfer ownership and/or management of the Parcels to CDFG or any other qualified conservation entity, thereby terminating this MOU. This MOU may also be terminated at any time by mutual written agreement of the PARTIES.

G. LIMITATIONS: Except as specified in the MOU, nothing in this MOU shall be construed as giving either CDFG or CVCC the right or ability to bind the other or create any joint liability as regards the activities under this MOU. Nothing herein shall be construed as obligating the Parties to expend or be involved in any contract or other obligation for the future payment of money in excess of the appropriations authorized by law and administratively allocated for these projects.

H. RECITALS AND EXHIBITS: The above recitals and all attached exhibits are incorporated herein by this reference.

I. THIRD PARTY BENEFICIARIES: Nothing in this MOU shall be construed to confer any rights upon any party not a signatory to this MOU.

J. PRIVILEGES AND IMMUNITIES: Notwithstanding anything to the contrary in the MOU, neither Party waives any of the privileges and immunities from liability, exemptions from laws, ordinances and rules, or any pension, relief, disability, worker’s compensation and/or any other benefits which apply to the activity of officers, agents or employees of either Party.

______Dated: ______Kimberly Nicol Department of Fish and Game Region 6 Regional Manager

______Dated: ______Tom Kirk Executive Director Coachella Valley Conservation Commission Map 3 – Item 7B: Desert Ranch MOU

«¬111

66th Ave

Mission Lakes Country Club «¬86

Desert Ranch Salton Sea

Legend Desert Ranch Parcel Boundaries Major Roads Existing Conservation Imperial County Conservation Area 0 0.5 1 2 3 4 5 Miles Ü

ITEM 7C

Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Acquisition of 494.76 acres from Bank VI for a total purchase price of $4,800,000, plus closing costs, with federal endangered species funds and a Coachella Valley Mountains Conservancy grant.

Contact: Kevin McKernan, Coachella Valley Mountains Conservancy ([email protected])

Recommendation: Approve: 1. Resolution 12-006 authorizing acquisition of 3 parcels totaling 494.76 acres known as the Indio Trails property (APNs 750-190-003, 750-190-004 and 750-190-005) within the Thousand Palms Conservation Area for a purchase price of $4,800,000 with a Wildlife Conservation Board subgrant of federal Section 6 funds and a grant from the Coachella Valley Mountains Conservancy, including closing costs estimated at $6,000; 2. Authorizing the Executive Director or Chair to sign documents and take such actions as necessary to effect the conveyance; 3. A Memorandum of Understanding (MOU) between CVCC and the California Department of Parks and Recreation (State Parks) regarding ownership and management of the land, and authorize the Executive Director to sign the MOU, pending approval by State Parks, review by legal counsel, and approval of the Chair.

Background: The Indio Trails property consists of 494.76 acres at the mouth and floodplain of Pushwalla Canyon north of Washington Ave. The property was annexed in 2009 into the city limits of Indio. The property is surrounded on the east, north and west by California State Park land known as Indio Hills Palms Park Property, and to the southeast by Washington Ave. and the Coachella Valley Fringe-toed Lizard Preserve. The general location of the Indio Trails properties is identified on the Map 1 (color map) (see item 7A) which shows the regional context for all land acquisitions on this agenda. Map 4 (color map) provides a more detailed view of the Indio Trails properties.

Resolution 12-006 authorizes CVCC to apply for a Section 6 subgrant from WCB, which would be used to acquire the Indio Trails property. Given the location of this land and its adjacency to the Pushwalla Unit of Indio Hills Palms Park Property managed by the California Department of Parks and Recreation (CDPR), we anticipate that this land will ultimately be transferred to their ownership over time. However, given the State’s current budget situation and gridlock in land acquisition, coupled with a limited time window of available Federal Section 6 funding, it is critical that the CVCC apply for a WCB Section 6 grant, and take title for an interim period. The grant from WCB will be coupled with a matching grant from CVMC to the CVCC; the CVMC board will consider this grant to the CVCC at their May 14, 2012 meeting.

State Parks has agreed to take on management responsibility for these properties through an MOU with CVCC. This MOU provides for CVCC to take title to up to 494.76 acres of land and for State Parks to provide management of these lands in the short term until the parcels can be transferred to them. The parcels are adjacent to the Coachella Valley Preserve and management will be coordinated with all surrounding land management agencies through the Reserve Management Oversight Committee. The draft MOU is attached for your review. At the time this agenda was prepared, the MOU was still being reviewed by State Parks staff and legal counsel. Staff is working with State Parks and our legal counsel to finalize the MOU prior to the May meeting.

Due to the significance of this property adding to conserved lands under the CVMSHCP and CVCC’s role in coordinating plan implementation with the permittees and State and Federal partners, the CVCC is the most logical entity to take title to this property with the identified grant funds. Staff recommends that the CVCC authorize purchase of these lands by approving Resolution 12-006 to acquire these three parcels. The Indio Trails property contains important resource values including Palm Springs pocket mouse, Coachella Valley round-tailed ground squirrel, and Le Conte’s thrasher habitat. The property also provides habitat connectivity between the Coachella Valley Preserve and the Indio Hills, as well as scenic values. These parcels provide an important buffer to protect the desert fan palm oases and adjacent State Park lands. The property could provide potential recreational access to existing trails in Pushwalla Canyon and other trails in the vicinity. Staff also recommends that the CVCC ensure management of the lands by approving the MOU with State Parks, pending review by legal counsel, approval by CDPR, and approval of the Executive Director and the Chair.

Fiscal Analysis: A purchase price of $4,800,000 and an additional amount not expected to exceed $6,000 for closing costs, to come from a sub-grant from WCB Section 6 funds and a CVMC grant.

Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG Executive Director and Legal Counsel prior to execution.

Note regarding parcel acreage: Through the appraisal process there is a difference in acreage discovered between the Riverside County Assessor’s Office records and a recent survey done by the City of Indio. The recent appraisal, done for the Conservancy, includes the following note about the parcel acreage: The three parcels are listed at 494.76 gross acres per the Indio Trails Specific Plan document that was approved by the Indio City Council on December 3, 2008. Tentative Tract Map No. 35796, tentatively approved on the same date, cites an area of 492.13 acres net of street dedications for the widening of Washington Street and Pushwalla Palms Road along the western property boundary. County Assessor mapping reflects 488.57 gross acres in three contiguous tax parcels, which is within one percent of the 494.76 gross acre figure cited within the approved Indio Trails Specific Plan document; considering that the 494.76 gross acre calculation was derived from a professional survey, this number is judged to provide a greater degree of accuracy and has been adopted exclusively for use herein.

Resolution No: 12-006

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APN’s 750-190-003, 750-190-004 and 750-190-005

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and

WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and

WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and

WHEREAS, APN’s 750-190-003, 750-190-004 and 750-190-005 comprising approximately 494.76 acres, as further described in Exhibit A, is within the Thousand Palms Conservation area, and was appraised by the Coachella Valley Mountains Conservancy; and

WHEREAS, the owner has accepted a contingent offer for CVCC to purchase the property at the market value determined by the appraisal; and

WHEREAS, acquisition of the above described property would advance the goals and objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the purchase of said parcels at a total purchase price of $4,800,000 and an additional amount not expected to exceed $6,000 for closing costs, to come from a sub-grant from WCB federal Section 6 Cooperative Endangered Species Conservation Fund money and a grant from the Coachella Valley Mountains Conservancy.

FURTHER, be it resolved that the Commission approves the Subgrant agreement with the Wildlife Conservation Board and Notice of Unrecorded Grant Agreement with the Coachella Valley Mountains Conservancy; and

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of May, 2012.

APPROVED:

______Richard W. Kite Tom Kirk Chair Executive Director

Exhibit A LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN AN UNINCORPORATED AREA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

SECTION 19, TOWNSHIP 4 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE UNINCORPORATED AREA OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPT THE NORTH 1/2 OF THE NORTHEAST 1/4 AND THE SOUTH 1/2 OF THE SOUTHWEST 1/4 THEREOF.

ALSO EXCEPT THOSE PORTIONS GRANTED TO THE COUNTY OF RIVERSIDE, BY DEEDS RECORDED JULY 21, 1971, AS IN5LRUMENT NO. 80935, AND JULY 21, 1971, AS INSTRUMENT NO. 80936, BOTH OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, ETC., AS RESERVED IN DEED RECORDED AUGUST 2, 1985, AS INSTRUMENT NO. 85-171294, OF OFFICIAL RECORDS.

APNs: 750-190-003, 750-190-004 and 750-190-005

DRAFT MEMORANDUM OF UNDERSTANDING Between California Department of Parks and Recreation And Coachella Valley Conservation Commission For Management of Parcels 750-190-003, 004 and 005 in the City of Indio, Riverside County

This Memorandum of Understanding ("MOU") is entered into between the California Department of Parks and Recreation ("CDPR") and the Coachella Valley Conservation Commission ("CVCC") (collectively the "Parties") for the management of 494.76 acres of land (described herein as “the Parcels”) located in and adjacent to the CDPR Indio Hills Unit in Riverside County, in which CVCC will hold title to the land and CDPR will be land manager.

RECITALS

WHEREAS, CDPR is a public agency of the State of California; and

WHEREAS, CVCC is a joint powers authority responsible for implementing the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“CVMSHCP”); and

WHEREAS, CVCC will purchase Riverside County parcels 755-200-008, 755-200-009, 755-220-003, 755-220-004, 755-220-008, 755-290-013, 755-290-018, 755-290-021, 751-300-006, 755-350-001, 755-350-009, 755-360-012, and 755-360-013 (“the Parcels”) through a subgrant from the Wildlife Conservation Board of federal Section 6 Cooperative Endangered Species Conservation Fund money, with the provision that CVCC may convey the property to CDPR, or another qualified conservation entity approved by both Parties (“qualified conservation entity”) at a later date; and

WHEREAS, although CDPR is not currently in a position to take title, the Parcels are in or adjacent to the Indio Hills Palms state park property in which CDPR currently owns and/or manages other parcels; and

WHEREAS, although CVCC is not currently in a position to manage the Parcels, CVCC desires that they be managed by a qualified conservation entity as wildlife habitat consistent with the CVMSHCP; and

WHEREAS, CDPR and CVCC desire to cooperate in the conservation of the Parcels until CDPR, or another qualified conservation entity, is able to accept both ownership and management responsibilities; and

WHEREAS, CDPR and CVCC are willing to share the responsibility, CVCC for ownership, and CDPR for management, of the Parcels until title and management can be conveyed to CDPR, or another qualified conservation entity; and

WHEREAS, CDPR and CVCC desire to define each of their respective responsibilities for the interim ownership and management of the Parcels;

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. EFFECTIVE DATE: This MOU is effective as of this ___ day of May 2012, having been executed by both Parties.

2. DESCRIPTION OF PARCELS: The Parcels are APNs 750-190-003, 750-190- 004 and 750-190-005

A. LOCATION: The Parcels total 494.76 acres in the City of Indio, Riverside County north of Interstate 10 along Washington Ave., more particularly described as T4S R7E, Section 19 on a USGS Topographic map.

C. LAND MANAGEMENT RESPONSIBLITIES: CDPR shall undertake and be responsible for management of the Parcels per CDPR resource management practices and consistent with the CVMSHCP as follows:

i. SIGNAGE: CDPR will coordinate with, and obtain approval from, CVCC to post and maintain the boundaries of the Parcels as appropriate with signs based on CDPR's departmental standards and the CVMSHCP.

ii. VEHICLE ACCESS: CDPR will designate roads to allow access as appropriate for administrative purposes. All other vehicle trails are to be closed, signed, and eventually rehabilitated. Vehicle access shall be authorized pursuant to the mutual agreement of CDPR and CVCC.

iii. TRAILS: No authorized trails are currently identified or intended on the Parcels. CDPR and CVCC will evaluate any proposed trails consistent with the CVMSHCP Trails Plan; however, no proposed trails shall be authorized except pursuant to the mutual agreement of CDPR and CVCC.

iv. MANAGEMENT: CDPR will take responsibility for trash removal and overall resource management, consistent with the CDPR policies and the CVMSHCP. Other use of the Parcels that would require additional management is subject to approval by CDPR and CVCC.

v. LAW ENFORCEMENT: CDPR will provide patrols and enforcement personnel. CDPR peace officers will patrol the Parcels as part of their usual patrol of the State Park properties and will enforce laws pertaining to protection of the land, including but not limited to those related to OHV use, littering and firearms. CVCC and CDPR will mutually agree on the appropriate level of law enforcement activity necessary to meet CDPR standards and CVMSHCP conservation goals.

3. GENERAL PROVISIONS:

A. COOPERATION: The Parties agree to cooperatively develop the overall management strategies to be implemented by CDPR for the Parcels.

B. MUTUAL COMMITMENT: It is understood that CDPR’s commitments as set forth in this MOU are contingent on CVCC’s continued fulfillment of all of its obligations contained herein. Likewise, CVCC’s commitments are contingent on CDPR’s continued fulfillment of all its obligations contained herein. The failure by either Party to continue to fulfill its obligations in any material way will relieve the other Party of any obligations to continue to honor its commitments as set forth above.

If one Party believes that the other Party may fail for has failed to fulfill all of its obligations contained herein, the Parties shall promptly meet in an effort to resolve the alleged failure such that both Parties agree to continue to fulfill all of their obligations contained herein.

C. COMPLETE AGREEMENT: This MOU contains the complete agreement of CDPR and CVCC in regards to the subject matter of this MOU and there are no other agreements, oral or written except as are included within the terms of this MOU. Any amendments or clarifications to this MOU must be in writing executed by both Parties.

E. MUTUAL DRAFTING: This MOU shall be deemed to have been drafted by both Parties, with each having equal say and status. In no event shall any term be interpreted more favorable as to one Party or the other.

F. TERM: Subject only to the terms of the subgrant agreement with the Wildlife Conservation Board, at CVCC's sole discretion it may transfer ownership and/or management of the Parcels to CDPR or any other qualified conservation entity selected by CDPR and CVCC, thereby terminating this MOU. This MOU may also be terminated at any time by mutual written agreement of the PARTIES.

G. LIMITATIONS: Except as specified in the MOU, nothing in this MOU shall be construed as giving either CDPR of CVCC the right or ability to bind the other or create any joint liability as regards the activities under this MOU. Nothing herein shall be construed as obligating the Parties to expend or be involved in any contract or other obligation for the future payment of money in excess of the appropriations authorized by law and administratively allocated for these projects.

H. RECITALS AND EXHIBITS: The above recitals and all attached exhibits are incorporated herein by this reference.

I. THIRD PARTY BENEFICIARIES: Nothing in this MOU shall be construed to confer any rights upon any party not a signatory to this MOU.

______Dated: ______Gail Sevrens District Superintendent, Acting California Department of Parks and Recreation, Colorado Desert District

______Dated: ______Tom Kirk Executive Director Coachella Valley Conservation Commission

4 Map 4 – Item 7C: Indio Trails Parcels Acquisition

Indio Palms Park Property

Ramon Rd

Coachella Valley Preserve W a s

h Del Webb i

n Sun City g t o n

B l v d City of Indio

City of Palm Desert ¦¨§10 Legend

Indio Palms Park Property Parcel Boundaries Major Roads Existing Conservation Indio Trails Conservation Area PALM DESERT 0 0.5 1 2 Miles Ü

ITEM 7D Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Accept 0.96 acre donation parcel from private landowner

Contact: Kevin McKernan, Coachella Valley Mountains Conservancy

Background: As part of its regular acquisition process CVCC recently purchased 76 acres consisting of two parcels from Lee Arce Development. The owners contacted CVMC during the escrow period and requested that CVCC include their 0.96 acre parcel which is situated adjacent to the acquired parcels for no extra cost. Since the 0.96 acre parcel was not on the original priority list it was not included in the offer letter or purchase agreement. Since this parcel is essentially being donated to CVCC and is surrounded on three sides by the other recently acquired parcels, it is recommended that CVCC accept the donation.

1. Map 5 (color map) – Lee Arce Donation Property: APN 664-090-006, totaling approximately 0.96 acres for closing costs totaling approximately $1000, located in the Upper Mission Creek Conservation Area.

The owners have offered to donate the parcel to CVCC. The acceptance would be contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the property, or, if clean-up is required that Seller will effect the clean-up; and (3) Seller’s ability to provide to Buyer an owner's policy of title insurance, in the amount of the total purchase price, evidencing Seller can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by Buyer, together with unrestricted access. If CVCC approves the acceptance of the parcels today, the acceptance would remain subject to contingencies 2 and 3. CVCC and CVMC staff will inspect the properties and determine if any clean-up is required before contingency 2 can be removed. CVMC staff will also order a Preliminary Title Report for the property to enable the Acquisitions Manager to determine if contingency 3 can be removed by close of escrow.

FISCAL ANALYSIS: This property is a donation, not requiring any capital outlay. As with previous donations received, CVCC will pay for closing costs not expected to exceed $1000. Future management and monitoring of the parcel will be minimal given its size and proximity to recently acquired CVCC parcels.

Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG Executive Director and Legal Counsel prior to execution.

Resolution No: 12-007

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING THE DONATION ACCEPTANCE OF APN 664-090-006

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and

WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and

WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and

WHEREAS, APN’s 664-090-006 comprising approximately 0.96 acres, as further described in Exhibit A, is within the Upper Mission Creek Conservation Areas of the Plan; and

WHEREAS, the owner has offered to donate the land to CVCC; and

WHEREAS, acceptance of the above described property would advance the goals and objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the acceptance of said parcel for closing costs not expected to exceed $1000 from the Land Acquisition Fund;

FURTHER, the Commission hereby authorizes the Executive Director to make the final determination as to which funds are used to accomplish the donation prior to close of escrow and to execute Escrow Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other documents that may be necessary to effect the acquisition of this property.

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of May, 2012.

APPROVED:

______Richard W. Kite Tom Kirk Chair Executive Director

Exhibit A Legal Descriptions

The land referred to herein is situated in the State of California, County of Riverside, described as follows:

0.96 ACRES M/L IN PORTION OF NW ¼ OF SECTION 26, TOWNSHIP 2 SOUTH, RANGE 4 EAST.

APN 660-090-006

Map 5 – Item 7D: Lee Arce Parcel Donation

Mission Lakes Country Club

Item 7D «¬62 Lee Arce Donation MISSION LAKES BLVD DESERT HOT SPRINGS

PIERSON BLVD D E R

V O A

G N N A I O D R N I O M

E L T T I Legend L Parcel Boundaries Major Roads Existing Conservation Lee Arce Parcel Conservation Area 0 0.5 1 2 Miles Ü

ITEM 7E

Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Acquisition of approximately 9.84 acres from private landowners for a total purchase price of $79,000 plus closing costs.

Contact: Kevin McKernan, Coachella Valley Mountains Conservancy ([email protected])

Background: At its March 2011 meeting CVCC approved new acquisition priorities. Subsequently, an appraisal of new priority acquisition parcels was completed in early July 2011. Contingent offer letters were then sent to landowners. Two landowners, with a total of five parcels, have just recently accepted the CVCC offer. Today, CVCC is considering the purchase of these five parcels based on the contingent offer. The parcels are shown on the attached maps and described below. Map 1 (color map) (see Item 7A) shows the regional context for all acquisitions on this agenda.

These five parcels are part of the “fault dune” system which provides important habitat for sand dune species and the mesquite hummock natural community. The parcels are undeveloped land along Mountain View Road; the parcel to the north within the Conservation Area is already developed. In addition to the high biological value of these parcels, ownership of these lands will allow us to better control access to this area.

1. Map 6 - Rosa Alvarez property (color map): APNs 660-120-005, 660-120-007, 660-120-008 and 660-120-010, totaling approximately 9.21 acres for a purchase price of $74,000 plus closing costs totaling approximately $500,. The parcel is within the unincorporated area, and It is located in the Willow Hole Conservation Area within an important sand transport area for the Willow Hole/Edom Hill Coachella Valley Fringe-toed Lizard (CVFTL) Preserve, as well as providing habitat for the CVFTL, the Coachella Valley round-tailed ground squirrel, the Palm Springs pocket mouse, and the Coachella Valley milkvetch.

2. Map 6 - Escobedo property (color map): APN 660-120-009, totaling approximately 0.63 acres for a purchase price of $5,000 plus closing costs totaling approximately $500, located in the Willow Hole Conservation Area. The parcel is within the unincorporated area, and within an important sand transport area for the original Willow Hole/Edom Hill Coachella Valley Fringe- toed Lizard (CVFTL) Preserve, as well as providing habitat for the CVFTL, the Coachella Valley round-tailed ground squirrel, the Palm Springs pocket mouse, and the Coachella Valley milkvetch.

The owners have accepted an offer at the CVCC’s appraised value. The offer was contingent upon: (1) approval by the CVCC; (2) a site inspection demonstrating that there are no hazardous materials or hazardous conditions on the property, or, if clean-up is required that Seller will effect the clean-up; and (3) Seller’s ability to provide to Buyer an owner's policy of title insurance, in the amount of the total purchase price, evidencing Seller can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by Buyer, together with unrestricted access. If CVCC approves the purchase of the parcels today, the purchases would remain subject to contingencies 2 and 3. CVCC and CVMC staff will inspect the properties and determine if any clean-up is required before contingency 2 can be removed. CVMC staff will also order a Preliminary Title Report for the property to enable the Acquisitions Manager to determine if contingency 3 can be removed by close of escrow.

FISCAL ANALYSIS: A total cost of $79,000 or the purchase price and an additional amount not expected to exceed $1,000 for closing costs, funded from the Land Acquisition fund.

Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVCC Executive Director and Legal Counsel prior to execution.

Resolution No: 12-008

A RESOLUTION OF THE COACHELLA VALLEY CONSERVATION COMMISSION AUTHORIZING ACQUISITION OF APN 660-120-005, 660-120-007, 660-120-008, 660-120-009, 660-120-010

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and

WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“Plan”); and

WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing sellers; and

WHEREAS, APN’s 660-120-005, 660-120-007, 660-120-008, 660-120-009 and 660-120- 010 comprising approximately 9.84 acres, as further described in Exhibit A, is within the Willow Hole Conservation Areas of the Plan, and was appraised by the Commission; and

WHEREAS, the owner has accepted a contingent offer for CVCC to purchase the property at the market value determined by the appraisal; and

WHEREAS, acquisition of the above described property would advance the goals and objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the purchase of said parcels at a total purchase price of $79,000 and closing costs not expected to exceed $1000 from the Regional Road Project Mitigation and Regional Infrastructure Mitigation Fund;

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of May, 2012.

APPROVED:

______Richard W. Kite Tom Kirk Chair Executive Director

Exhibit A Legal Descriptions

The land referred to herein is situated in the State of California, County of Riverside, described as follows:

4.92 ACRES SE ¼ SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-120-005

2.51 ACRES SE ¼ SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-120-007

1.15 ACRES SE ¼ SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-120-008

.63 ACRES SE ¼ SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-120-009

.63 ACRES SE ¼ SECTION 20, TOWNSHIP 3 SOUTH, RANGE 5 EAST APN 660-120-010

Map 6 – Item 7E: Escobedo and Alvarez Parcels Acquisitions D R

W E I V

N I A T N U O M 20TH AVE

Escobedo Parcel

Alvarez Parcels

VA DESERT RNE R RD HOT SPRINGS R D

M L A P ¨¦§10 PALM SPRINGS WH CATHEDRAL CITY

Legend

Alvarez Parcels Escobedo Parcel Parcel Boundaries Major Roads Existing Conservation Conservation Area City Boundaries 0 0.5 1 2 Miles Ü

ITEM 7F Coachella Valley Conservation Commission

May 10, 2012

Staff Report

Subject: Stormwater Channel and Delta Reserve Management Unit Plan

Contact: Katie Barrows, Director of Environmental Resources ([email protected])

RECOMMENDATION: Adopt the Stormwater Channel and Delta Reserve Management Unit Plan.

BACKGROUND: The CVMSHCP calls for the completion of initial Reserve Management Unit Plans (RMUPs) for the Conservation Areas. The Coachella Valley Stormwater Channel and Delta Reserve Management Unit Plan is now ready for adoption by the CVCC. In the case of this Reserve Management Unit, CVCC has very little land ownership at the present time so has limited land management responsibility in this area. Through the CVMSHCP, CVCC does provide a coordination role for management and is responsible for preparing these plans. The RMUPS are thoroughly reviewed by the respective RMUCs and the RMOC. CVMC staff has worked with the RMUC/RMUC members to develop preliminary work plans which focus on the priority management tasks for the coming year. These management plans are envisioned as “living documents” that will be modified and updated as appropriate. Staff will provide a brief summary of the Reserve Management Unit Plan at the meeting.

The Stormwater Channel and Delta Reserve Management Unit Plan is available as a separate pdf document on the CVMSHCP website: www.cvmshcp.org. Due to the size of the documents, a paper copy of the plan is not included in the agenda packet.

With the completion of this plan, two remaining Reserve Management Unit Plans are still in progress for the Joshua Tree National Park Conservation Area and the Desert Tortoise and Linkage/Mecca Hills-Orocopia Mountains Conservation Area. We are awaiting comments and input from some of the partner agencies and continue to work with the relevant partner agencies to complete these plans. They will be reviewed by the RMOC prior to being presented to the CVCC. The Coachella Valley Mountains Conservancy contract for the management plans expires on June 30, 2012 and all plans are expected to be complete before then.

FISCAL ANALYSIS: No impact.