Agenda/Reports (17.0 MB) - Western Riverside County Regional ...

Western Riverside CountyRegional Conservation Authoritywww.wrc-rca.orgEstablished in 2004, the Western Riverside County RegionalConservation Authority is a joint powers authority consisting of fourteen (14)cities and the county. The RCA is charged with administering the 2003 WesternRiverside County Multiple Species Habitat Conservation Plan.MEETING1:00 P.M., November 6, 2006Riverside County Administrative CenterFirst Floor, Board Room4080 Lemon Street, RiversideBOARD OF DIRECTORSOFFICERSKelly Seyarto, ChairpersonCity of MurrietaJeff Stone, Vice ChairpersonCounty of Riverside District IIIRobin Lowe, Past ChairpersonCity of HemetBOARD MEMBERSJohn MachisicCity of BanningLarry DresselCity of BeaumontShenna MoqeetCity of CalimesaJohn ZaitzCity of Canyon LakeEugene MontanezCity of CoronaRobert SchiffnerCity of Lake ElsinoreWilliam BateyCity of Moreno ValleyFrank HallCity of NorcoMark YarbroughCity of PerrisDom BetroCity of RiversideChris Carlson BuydosCity of San JacintoChuck WashingtonCity of TemeculaBob BusterCounty of Riverside District IJohn TavaglioneCounty of Riverside District IIRoy WilsonCounty of Riverside District IVMarion AshleyCounty of Riverside District VTom Mullen, Executive DirectorJoe Richards, Deputy Executive Director

WESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITYwww.wrc-rca.orgAGENDAMonday, November 6, 20061:00 p.m.Riverside County Administrative CenterFirst Floor Annex – Board Hearing Room4080 Lemon StreetRiverside, CA 92501In 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 ofthe Board at (951) 955-9700. Notification of at least 48 hours prior to meeting time will assiststaff in assuring that reasonable arrangements can be made to provide accessibility at themeeting.1. CALL TO ORDER2. ROLL CALL3. PUBLIC COMMENTSAt this time members of the public can address the RCA Board of Directors regarding any items within thesubject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the publicwill have an opportunity to speak on agendized items at the time the item is called for discussion. No actionmay be taken on items not listed on the agenda unless authorized by law. Any person wishing to address theBoard on any matter, whether or not it appears on this agenda, is requested to complete a Request to Speakform available at the door. The completed form is to be submitted to the Clerk of the Board prior to anindividual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing andonly pertinent points presented orally.4. BOARD MEMBER ANNOUNCEMENTS5. ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making afinding that there is a need to take immediate action on the item and that the item cameto the attention of the Board subsequent to the posting of the agenda. An actionadding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3of the Board Members present, adding an item requires a unanimous vote. Addeditems will be placed for discussion at the end of the agenda.)6. APPROVAL OF MINUTES – October 2, 2006

RCA BOARD OF DIRECTORS AGENDAPage 2 of 5November 6, 20067. CONSENT CALENDAR:7.1 MODIFICATION OF PROPERTY ACQUISITION PROCEDURES ANDADOPTION OF ORDINANCE 06-01 ESTABLISHING A PROCEDURE TODELEGATE PROPERTY ACQUISITIONS AND AUTHORIZING THECLERK OF THE BOARD TO PREPARE ORDINANCE SUMMARIESOverviewThis item is for the RCA Board of Directors to:1) Adopt Ordinance 06-01, “An Amendment to Ordinance 04-02 of theWestern Riverside County Regional Conservation AuthorityEstablishing a Procedure to Delegate Property Acquisitions”, and2) Authorize the Clerk of the Board to prepare a summary of futureordinances for publication prior to adoption.7.2 APPROVAL OF RESOLUTION NO. 06-12, “RESOLUTION OF THEWESTERN RIVERSIDE COUNTY REGIONAL CONSERVATIONAUTHORITY AMENDING THE APPENDIX OF THE CONFLICT OFINTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF1974”OverviewThis item is for the RCA Board of Directors to:1) Approve Resolution No. 06-12, “Amending the Appendix of the Conflictof Interest Code Pursuant to the Political Reform Act of 1974”; and2) Submit the Amended Appendix to the County of Riverside Board ofSupervisors for approval.7.3 APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICESAGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITY AND O’REILLY PUBLICRELATIONSOverviewThis item is for the RCA Board of Directors to:1) Approve Amendment No. 1 to the Professional Services Agreementbetween the Western Riverside County Regional Conservation

RCA BOARD OF DIRECTORS AGENDAPage 3 of 5November 6, 2006Authority and O’Reilly Public Relations extending the term of originalagreement until June 30, 2007; and2) Increase the total contract amount by $75,000 as approved in the FY2006-07 Budget.7.4 APPROVAL OF RESOLUTION NO. 06-13 ESTABLISHING PUBLICRECORDS ACT PROCEDURES FOR THE WESTERN RIVERSIDECOUNTY REGIONAL CONSERVATION AUTHORITYOverview8. POLICY CALENDAR:This agenda item is for the RCA Board of Directors to approve ResolutionNo. 06-13 establishing Public Records Act Procedures for the WesternRiverside County Regional Conservation Authority.8.1 CORE 2 CRITERIA REFINEMENTOverviewThis agenda item is for the RCA Board of Directors:1) Direct staff to terminate the Criteria Refinement in Core 2 on the basisthat the report prepared by the Center for Conservation Biology doesnot support a comprehensive change to the Core; and2) Find that project-level refinements by the County and City of Murrietamay be appropriate on the periphery of the Core; as such refinementswould not impair reserve assembly or linkages.8.2 REAPPOINTMENT OF AD HOC COMMITTEE JPR 05-10-06-02/HANS145/PM 30595 GREENEWAY DEVELOPMENTOverviewThat the RCA Board Chairman reappoint an ad hoc committee with one lessCounty Supervisor and one additional City Council person, pursuant to RCApolicy, to resolve MSHCP consistency issues regarding JPR 05-10-06-02/HANS 145/PM 30595.

RCA BOARD OF DIRECTORS AGENDAPage 4 of 5November 6, 20069. EXECUTIVE DIRECTOR’S REPORT9.1 PROGRESS REPORT AND RELEASE OF ANNUAL REPORT9.2 MANAGEMENT AUDIT PROGRESS REPORT10. LAND ACQUISITION UPDATE11. CALL BACK ITEMS11.1 POLICY REGARDING PUBLIC ACCESS TO SELECTED RESERVELANDS12. ITEMS FOR NEXT MEETINGBoard members are invited to suggest additional items to be brought forward fordiscussion.13. CLOSED SESSION:With respect to every item of business to be discussed in closed session pursuant toGovernment Code Section 54956.8:Conference with Real Property NegotiatorPursuant to Government Code Section 54956.813.1 Property: Assessor’s Parcel No. 583-050-007Negotiating PartiesAgency Negotiator: Director of Land Acquisition and Property Mgt. orDesigneeProperty Agent: United Five/Alex StamatakisUnder Negotiation: Price/Terms13.2 Property: Assessor’s Parcel No. 581-200-001Negotiating PartiesAgency Negotiator: Director of Land Acquisition and Property Mgt. orDesigneeProperty Agent: United Five/Alex StamatakisUnder Negotiation: Price/Terms

RCA BOARD OF DIRECTORS AGENDAPage 5 of 5November 6, 200613.3 Property: Assessor’s Parcel Nos. 425-100-003,425-210-002, 425-210-014, 425-210-016,425-210-017, 425-210-021, 425-210-022,425-210-036, 425-210-037, 425-210-039,425-210-041, 425-210-042, 425-210-043,425-210-044, 425-220-025, 425-220-026,425-220-027, 427-200-020, 427-200-044,427-200-045, 427-200-046, 427-200-048,427-200-049, 427-200-051, 427-200-052,427-210-032, 427-210-035, 427-210-036,427-210-054, 427-210-055, 427-210-056,427-210-057, 431-220-028, 431-220-029,431-220-030, 431-220-031, 431-220-032,431-220-033, 431-220-034, 431-230-022,431-230-033, 431-230-051, 431-230-057,431-230-058, 431-230-059, 431-230-060,431-230-061, 431-230-062, 431-230-063,431-230-064, 431-230-065, 431-230-066,431-230-067, 431-230-068, 431-240-025,431-240-028, 431-240-029, 431-240-033,431-240-034, 431-240-035, 431-240-036,431-250-019, 431-250-025, 431-250-02614. ADJOURNMENTNegotiating PartiesAgency Negotiator: Director of Land Acquisition and Property Mgt. orDesigneeProperty Agent: Thompson, Calvary, Holgate, Wastal,Shelbran Investments/Randy WastalUnder Negotiation: Price/TermsThe next meeting of the Western Riverside County Regional Conservation Authority Boardof Directors is scheduled to be held on Monday, December 4, 2006, at 1:00 p.m. in theBoard Room of the County Administrative Center, First Floor, 4080 Lemon Street,Riverside, California.

1. CALL TO ORDERWESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITYMINUTESMonday, October 2, 20061:00 p.m.The meeting of the Western Riverside County Regional Conservation Authority Boardof Directors was called to order by Chairman Kelly Seyarto at 1:00 p.m. in the BoardRoom at the County Administrative Center, 4080 Lemon Street, First Floor, inRiverside, California, 92501.2. ROLL CALLBoard Members/Alternates PresentMarion AshleyDom Betro*Bob BusterChris BuydosLarry DresselJohn FieldFrank HallJohn MachisicEugene MontanezShenna MoqeetRobert SchiffnerKelly SeyartoJeff Stone*Chuck WashingtonRoy WilsonMark Yarbrough*John ZaitzBoard Members AbsentWilliam BateyRobin Lowe*Arrived after start of the meeting.3. PUBLIC COMMENTSJonathan Evans, representing the Center for Biological Diversity, posed two questionsbefore the RCA Board and staff regarding the Annual Report and rough step progressin acquisition of conservation lands in relation to development. He noted that Section10.1 of the MSHCP Implementing Agreement requires the monitoring report to besubmitted on an annual basis. He said that the last report released in September2005 was for calendar year 2004 and there has not been a report for the year 2005.He asked when the anticipated completion of the 2005 annual report would be and thesteps the Board would be taking to potentially address the timeliness of future reports.

RCA BOARD OF DIRECTORS MINUTESPage 2October 2, 2006In addition, he inquired about the progress under the rough step as there waslanguage in the 2004 Annual Report stating that many of the MSHCP presentationcommunities are out of rough step. He asked if progress reports regarding theacquisition of conservation lands could be made to the public and/or the wildlifeagencies.Tom Mullen, Executive Director, stated that the Annual Report released in 2005covered six months in 2004 and, at that point, the agency did not have an ExecutiveDirector on board until October or the last quarter of the year. Everyone anticipatedbeing out of rough step, which was the case. He said that comments on the 2004Annual Report were received from the U.S. Fish and Wildlife Service and CaliforniaDepartment of Fish and Game in June. Taking those comments into consideration, the2005 Annual Report is in the process of being completed and staff is anticipatingpresenting the Annual Report to the RCA Board at their November meeting, but notlater than their December meeting. He noted that the report would indicate that theRCA would be out of rough step in some areas. The upcoming Annual Report willshow progress toward rough step compliance. There is a long acquisition periodcontemplated in the Plan.4. BOARD MEMBER ANNOUNCEMENTSThere were no announcements.5. ADDITIONS/REVISIONSThere were no additions or revisions.6. APPROVAL OF MINUTESM/S/C (WASHINGTON/BUYDOS) to approve the minutes of theSeptember 11, 2006 as presented.Abstained:Dressel7. CONSENT CALENDAR:M/S/C (DRESSEL/MACHISIC) to approve the following Consent Calendar Items:7.1 FISCAL YEAR 2005-06 YEAR END FINANCIAL REPORTReceive and file the Fiscal Year 2005-06 Year End Financial Statementand MSHCP Development Mitigation Fee Collections Report.

RCA BOARD OF DIRECTORS MINUTESPage 3October 2, 20067.2 ADOPTION OF RESOLUTION NO. 06-11 APPROVING SUBGRANTAGREEMENT WITH THE WILDLIFE CONSERVATION BOARD8. POLICY CALENDAR:Adopt Resolution No. 06-11, which rescinds Resolution No. 06-09, andapproves Subgrant Agreement SG 6005WG between the WesternRiverside County Regional Conservation Authority and the WildlifeConservation Board.8.1 ADOPTION OF RESOLUTION NO. 06-10 AMENDING THEAUTHORITY’S BYLAWS CONCERNING THE STRUCTURE ANDFORMATION OF STANDING COMMITTEESTom Mullen reported that the proposed amendments to the bylaws werereviewed by the RCA Board at the last meeting. The proposedresolution before the Board today would formally amend the bylaws.9. EXECUTIVE DIRECTOR’S REPORTM/S/C (BUYDOS/DRESSEL) to adopt Resolution No. 06-10,“Resolution of the Western Riverside County RegionalConservation Authority Amending the Authority’s Bylaws”.There was no report from the Executive Director.10. LAND ACQUISITION UPDATEKen Graff, Director of Land Acquisition and Property Management, reported thatsince the last RCA Board meeting, three properties closed escrow (two in theWarm Springs area in Murrieta and one in the Wilson Creek area) which brings thetotal reserve acquisition to 33,008 acres. The acreage acquired towards theMSHCP conservation area is 153,000.11. ITEMS FOR NEXT MEETINGThere were no requests from Board members for additional items to be broughtforward at the next meeting.At this time, Chairman Seyarto announced the Closed Session items andadjourned the meeting to Closed Session.

RCA BOARD OF DIRECTORS MINUTESPage 4October 2, 200612. CLOSED SESSION:With respect to every item of business to be discussed in closed sessionpursuant to Government Code Section 54957.12.1 Public Employee AppointmentTitle: Executive DirectorWith respect to every item of business to be discussed in closed sessionpursuant to Government Code Section 54956.8:Conference with Real Property NegotiatorPursuant to Government Code Section 54956.812.2 Property: Assessor’s Parcel No. 583-050-007Negotiating PartiesAgency Negotiator: Director of Land Acquisition and PropertyMgt. or DesigneeProperty Agent: United Five/Alex StamatakisUnder Negotiation: Price/Terms12.3 Property: Assessor’s Parcel Nos. 569-040-007,569-040-031Negotiating PartiesAgency Negotiator: Director of Land Acquisition and PropertyMgt. or DesigneeProperty Agent: SSR Inv Co/Corinne BergeUnder Negotiation: Price/TermsThe RCA Board reconvened its meeting and Chairman Seyarto announced that theRCA Board appointed Tom Mullen as its Executive Director, effectiveSeptember 28, 2006.

REVISED STAFF REPORTSTAFF REPORT November 6, 2006Agenda Item No. 7.1Regional Conservation AuthorityMODIFICATION OF PROPERTY ACQUISITION PROCEDURES ANDADOPTION OF ORDINANCE 06-01 ESTABLISHING A PROCEDURETO DELEGATE PROPERTY ACQUISITIONS AND AUTHORIZING THECLERK OF THE BOARD TO PREPARE ORDINANCE SUMMARIESStaff Contact:Best, Best & Krieger, LLP(951) 686-1450Background:In October September, the proposed procedure to delegate property acquisitions waspresented and approved by the RCA Board. In order to fulfill the requirements relating to theadoption of an ordinance by the RCA Board, the proposed Ordinance 06-01 must bepublished in the newspaper and read to the Board for a second time. Therefore, this item isagain placed on the agenda before the RCA Board for action, as required. As the RCA Boardmay recall, the Land Acquisition Policy outlining consistent procedures to follow whenacquiring property documents was presented and approved in March. Section 1.02 allowsthe Executive Director (and the Chairman of the Board) to sign purchase and conveyancedocuments. In addition, previously in 2004, the RCA Board approved Ordinance 04-02.Through Ordinance 04-02, the RCA Board delegated authority to the General Manager toapprove acquisitions up to $100,000, to approve acquisitions up to $500,000 with the consentof the FCC Working Group, and to accept gifts, bequests and devises. The General Managershall provide a monthly report of these activities to the Board. Further, the General Managermay report to the Board on acquisition priorities as recommended by the FundingCoordination Committee.In addition, Ordinance 06-01 updates Ordinance 04-02 to change the delegation from“General Manager” to “Executive Director,” since the RCA no longer has a General Managerposition. Further, the revised Ordinance delegates the Board’s Notice of Intention obligationspursuant to Government Code Section 25350 to the Executive Director and does not requirepublished notice for purchases less than $100,000.Finally, to fulfill ordinance publishing requirements pursuant to Government Code Section25124, a summary of ordinances shall be prepared by an official designated by the Board forpublication prior to adoption. RCA staff request the Board delegate this authority to the Clerkof the Board for future ordinances.RVPUB\WHS\710389.1

ATTACHMENT 1ORDINANCE NO. 06-01AN AMENDMENT TO ORDINANCE 04-02 OF THEWESTERN RIVERSIDE COUNTY REGIONALCONSERVATION AUTHORITY ESTABLISHING APROCEDURE TO DELEGATE PROPERTYACQUISITIONSWHEREAS, the Western Riverside County Regional Conservation Authority(“RCA”) is a public agency of the State of California formed by a Joint Exercise ofPowers Agreement (“Agreement”); andWHEREAS, pursuant to the Agreement and Government Codes section25350.60 and 25355, the RCA adopted Ordinance 04-02 dated October 4, 2004delegating certain authority to the General Manager; andWHEREAS, the RCA’s Executive Director position subsumed the responsibilitiesassociated with the General Manager position; andWHEREAS, pursuant to Government Code section 25350, the RCA maydelegate to any officer the power to publish a notice of the intention of the RCA’s Boardof Directors to purchase real property.THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATIONAUTHORITY ORDAINS AS FOLLOWS:SECTION 1. All sections of Ordinance 04-02 shall be amended as follows:The term “General Manager” shall be replaced by the term“Executive Director.”SECTION 2. Section 2 of Ordinance 04-02 shall be amended as follows:For acquisitions of any interest in real property in an amountup to $100,000, no notice of intention to purchase shall berequired pursuant to Government Code section 25350. Foracquisitions of any interest in real property in an amountgreater than $100,000, the RCA Board of Directorsdelegates the notice of intention obligations pursuant toGovernment Code section 25350 to the Executive Director.RVPUB\WHS\710213.2

SECTION 3. Section 2.4 of Ordinance 04-02 shall be amended as follows:Pursuant to Government Code section 25350.60(c) theauthority granted the Executive Director under Section 2 ofOrdinance 04-02 will be effective only until five years fromthe date this Amendment to Ordinance 04-02 is adoptedunless renewed.November 6, 2006ATTESTED:By:____________________________Kelly Seyarto, ChairpersonWestern Riverside CountyRegional Conservation AuthorityBy:____________________________Honey BernasClerk of BoardRVPUB\WHS\710213.2

CERTIFICATIONI, Honey Bernas, Clerk of the Board of the Western Riverside CountyRegional Conservation Authority, certify that the foregoing ordinance was introduced ata regular meeting of the Board of Directors on the _____ day of ____________, 2006and was adopted by the Board of Directors at a regular meeting held on the _____ dayof _____________, 2006, by the following vote of the Directors:AYES:NOES:ABSENT:ABSTAIN:IN WITNESS WHEREOF, I have hereunto set my hand and affixed theofficial seal of the Western Riverside County Regional Conservation Authority, this 6 thday of November 6, 2006.___________________________________Honey Bernas, Clerk of the BoardRVPUB\WHS\710213.2

STAFF REPORT November 6, 2006Agenda Item No. 7.2Regional Conservation AuthorityAPPROVAL OF RESOLUTION NO. 06-12, “RESOLUTION OF THEWESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITYAMENDING THE APPENDIX OFTHE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICALREFORM ACT OF 1974”Staff Contact:Honey Bernas, Director of Administrative Svcs.(951) 955-2842Background:As required by the Political Reform Act Government Code § 87200, the Western Riverside CountyRegional Conservation Authority (RCA) adopted its Conflict of Interest Code in July 2004. In April2006, the Disclosure Categories of the Code was amended to show additional and abolishment ofpositions within the RCA. Since that time, the RCA added staff members with responsibilitiesgoverned under the Code. Consequently, the Appendix of the Code must again be amended to addthe following three (3) positions to the list of designated employees: 1) Chief of InformationTechnology; 2) Administrative Services Officer; and, 3) Principal Development Specialist. Also notethat the Administrative Committee has been changed to Executive Committee, based on previousaction by the RCA Board. A notice was mailed to those affected by the amendment of RCA’sConflict of Interest Code.The County of Riverside Board of Supervisors has the responsibility to review the Code andamendment to the Code of the special districts and joint powers agencies, including the RCA.Therefore, the approved Amended Appendix will be submitted to the County for their approval.Staff recommends the adoption of Resolution No. 06-12 to make the appropriate changes to itsCode in order to meet the requirements of the Code, pursuant to the Political Reform Act of 1974,Staff Recommendation:That the RCA Board of Directors:1) Adopt Resolution No. 06-012, “Amending the Appendix of the Conflict of Interest CodePursuant to the Political Reform Act of 1974 ”, and2) Submit the Amended Appendix to the County of Riverside Board of Supervisors for approval.

ATTACHMENT 1RESOLUTION NO. 06-12RESOLUTION OF THEBOARD OF DIRECTORS OF THEWESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITYAMENDING THE APPENDIX OF THE CONFLICT OF INTEREST CODEPURSUANT TO THE POLITICAL REFORM ACT OF 1974WHEREAS, the Legislature of the State of California enacted the Political Reform Actof 1974, Government Code Section 81000 et seq (the “Act”), which contains provisionsrelating to conflicts of interest which potentially affect all officers, employees, and consultantsof the Western Riverside County Regional Conservation Authority (the “RCA”) and requiresall public agencies to adopt and promulgate a Conflict of Interest Code; andWHEREAS, the Board of Directors adopted a Conflict of Interest Code (the “Code”)which was amended on April 3, 2006, in compliance with the Act; andWHEREAS, subsequent changed circumstances within the Authority have made itadvisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend andupdate the Appendix of the Authority’s Code; andWHEREAS, the potential penalties for violation of the provisions of the Act aresubstantial and may include criminal and civil liability, as well as equitable relief which couldresult in the RCA being restrained or prevented from acting in cases where the provisions ofthe Act may have been violated; andWHEREAS, a notice of the time and place of a public meeting on, and of considerationby the Board of Directors of, the proposed Conflict of Interest Code was provided to eachaffected designated employee and publicly posted for review at the County AdministrativeOffices at 4080 Lemon Street, Riverside, California; andWHEREAS, a public meeting was held upon the proposed amended Appendix of theConflict of Interest Code at a regular meeting of the Board of Directors of RCA on November6, 2006, at which all present were given an opportunity to be heard on the proposedamended Appendix.NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDECOUNTY REGIONAL CONSERVATION AUTHORITY DOES HEREBY RESOLVE ASFOLLOWS:SECTION 1. The Board of Directors of RCA does hereby adopt the proposedamended Appendix of the Conflict of Interest Code, a copy of which is attached hereto andshall be on file with the Director of Administrative Services and available to the public forinspection and copying.

SECTION 2. The said amended Appendix of the Conflict of Interest Code shall besubmitted to the Board of Supervisors of the County of Riverside for approval.SECTION 3. The said amended Appendix of the Conflict of Interest Code shallbecome effective 30 days after the Riverside County Board of Supervisors approves theproposed Code as submitted.PASSED, APPROVED AND ADOPTED this 6 th day of November, 2006.AYES:NOES:ABSTAIN:____________________________________Kelly Seyarto, ChairmanWestern Riverside County RegionalConservation AuthorityATTEST:_____________________________________Honey Bernas, Clerk of the Western RiversideCounty Regional Conservation Authority

ATTACHMENT 2LEGISLATIVE VERSION(Shows Changes Made)APPENDIXCONFLICT OF INTEREST CODEOF THEWESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITY(Amended April 3, 2006 November 6, 2006)EXHIBIT “A”OFFICIALS WHO MANAGE PUBLIC INVESTMENTSAuthority Officials who manage public investments, as defined by 2 California Code of Regs. §18701(b), are NOT subject to the Authority’s Code, but are subject to the disclosure requirements ofthe Act. (Government Code Section 87200 et seq.) [Regs. § 18730(b)(3)] These positions are listedhere for informational purposes only.It has been determined that the positions listed below are officials who manage publicinvestments ¹ .Members of the Board of Directors and their AlternatesExecutive DirectorTreasurerFinancial Consultant______¹Individuals holding one of the above-listed positions may contact the FPPC for assistance or written advice regarding theirfiling obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determinationwhether a position is covered by § 87200.-1-

DESIGNATED POSITIONSGOVERNED BY THE CONFLICT OF INTEREST CODEDESIGNATED EMPLOYEES’TITLE OR FUNCTIONDISCLOSURE CATEGORIESASSIGNEDAdministrative Manager 5Controller 1,2Deputy Executive Director 1,2Director of Administrative Services 5Director of Land Acquisition and Property Management 1,2General Counsel 1,2Principal Development Specialist 1,2RCA Chief of Technical Information 6Reserve Manager 6MEMBERS OF BOARDS, COMMITTEES & COMMISSIONSAdministrative Executive Committee 5Funding Coordination Committee 1,2Reserve Management Oversight Committee 1,2Consultant²² Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure categoryin this Code subject to the following limitation:The Executive Director may determine in writing that a particular consultant, although a “designated position” is hired to performa range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described inthis Section. Such written determination shall include a description of this consultant’s duties and, based upon that description, astatement of the extent of disclosure requirements. The Executive Director’s determination is a public record and shall beretained for public inspection in the same manner and location as this Conflict of Interest Code.-2-

EXHIBIT “B”DISCLOSURE CATEGORIESThe disclosure categories listed below identify the types of investments, business entities,sources of income, or real property which the Designated Employee must disclose for eachdisclosure category to which he or she is assigned.Category 1. All investments and business positions in business entities, and sources ofincome that are located in, do business in, or own real property within the jurisdiction of theAuthority.Category 2: All interests in real property which is located in whole or in part within, or notmore than two (2) miles outside, the jurisdiction of the Authority.Category 3: All investments and business positions in, and sources of income from, businessentities that are engaged in land development, construction or the acquisition or sale of realproperty within the jurisdiction of the Authority.Category 4: All investments and business positions in, and sources of income from, businessentities that are banking, savings and loan, or other financial institutions, that are located in, dobusiness in, or own real property, within the jurisdiction of the Authority.Category 5: All investments and business positions in, and sources of income from, businessentities that provide services, supplies, materials, machinery, vehicles or equipment of a typepurchased or leased utilized by the Authority, that are located in, do business in, or own realproperty, within the jurisdiction of the Authority.Category 6: All investments and business positions in, and sources of income from, businessentities that provide services, supplies, materials, machinery, vehicles or equipment of a typepurchased or leased utilized by Designated Employee’s Department, that are located in, do businessin, or own real property, within the jurisdiction of the Authority._______________________“designated position”, is hired to perform a range of duties that are limited in scope and thus is notrequired to fully comply with the disclosure requirements described in this Section. Such writtendetermination shall include a description of the consultant’s duties and, based upon that description, astatement of the extent of disclosure requirements. The Executive Director’s determination is a publicrecord and shall be retained for public inspection in the same manner and location as this Conflict ofInterest Code.-3-

ATTACHMENT 3APPENDIXCONFLICT OF INTEREST CODEOF THEWESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITY(Amended November 6, 2006)EXHIBIT “A”OFFICIALS WHO MANAGE PUBLIC INVESTMENTSAuthority Officials who manage public investments, as defined by 2 California Code of Regs. §18701(b), are NOT subject to the Authority’s Code, but are subject to the disclosure requirements ofthe Act. (Government Code Section 87200 et seq.) [Regs. § 18730(b)(3)] These positions are listedhere for informational purposes only.It has been determined that the positions listed below are officials who manage publicinvestments ¹ .Members of the Board of Directors and their AlternatesExecutive DirectorTreasurerFinancial Consultant______¹Individuals holding one of the above-listed positions may contact the FPPC for assistance or written advice regarding theirfiling obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determinationwhether a position is covered by § 87200.-1-

DESIGNATED POSITIONSGOVERNED BY THE CONFLICT OF INTEREST CODEDESIGNATED EMPLOYEES’TITLE OR FUNCTIONDISCLOSURE CATEGORIESASSIGNEDAdministrative Manager 5Controller 1,2Deputy Executive Director 1,2Director of Administrative Services 5Director of Land Acquisition and Property Management 1,2General Counsel 1,2Principal Development Specialist 1,2RCA Chief of Technical Information 6Reserve Manager 6MEMBERS OF BOARDS, COMMITTEES & COMMISSIONSExecutive Committee 5Funding Coordination Committee 1,2Reserve Management Oversight Committee 1,2Consultant²² Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure categoryin this Code subject to the following limitation:The Executive Director may determine in writing that a particular consultant, although a “designated position” is hired to performa range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described inthis Section. Such written determination shall include a description of this consultant’s duties and, based upon that description, astatement of the extent of disclosure requirements. The Executive Director’s determination is a public record and shall beretained for public inspection in the same manner and location as this Conflict of Interest Code.-2-

EXHIBIT “B”DISCLOSURE CATEGORIESThe disclosure categories listed below identify the types of investments, business entities,sources of income, or real property which the Designated Employee must disclose for eachdisclosure category to which he or she is assigned.Category 1. All investments and business positions in business entities, and sources ofincome that are located in, do business in, or own real property within the jurisdiction of theAuthority.Category 2: All interests in real property which is located in whole or in part within, or notmore than two (2) miles outside, the jurisdiction of the Authority.Category 3: All investments and business positions in, and sources of income from, businessentities that are engaged in land development, construction or the acquisition or sale of realproperty within the jurisdiction of the Authority.Category 4: All investments and business positions in, and sources of income from, businessentities that are banking, savings and loan, or other financial institutions, that are located in, dobusiness in, or own real property, within the jurisdiction of the Authority.Category 5: All investments and business positions in, and sources of income from, businessentities that provide services, supplies, materials, machinery, vehicles or equipment of a typeutilized by the Authority, that are located in, do business in, or own real property, within thejurisdiction of the Authority.Category 6: All investments and business positions in, and sources of income from, businessentities that provide services, supplies, materials, machinery, vehicles or equipment of a typeutilized by Designated Employee’s Department, that are located in, do business in, or own realproperty, within the jurisdiction of the Authority._______________________“designated position”, is hired to perform a range of duties that are limited in scope and thus is notrequired to fully comply with the disclosure requirements described in this Section. Such writtendetermination shall include a description of the consultant’s duties and, based upon that description, astatement of the extent of disclosure requirements. The Executive Director’s determination is a publicrecord and shall be retained for public inspection in the same manner and location as this Conflict ofInterest Code.-3-

STAFF REPORT November 6, 2006Agenda Item No. 7.3Regional Conservation AuthorityCONTRACT BETWEEN THE WESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITY ANDO’REILLY PUBLIC RELATIONS FOR PUBLIC OUTREACHStaff Contact:Honey BernasDirector of Administrative Services(951) 955-2842Background:On November 7, 2005, the Board approved a contract with O’Reilly Public Relations to develop acomprehensive public outreach program that will help refocus perception of the Plan on its long-termbenefits to quality of life in Western Riverside County, including its necessity to make transportationimprovements.The purpose of this amendment is to extend the contract to June 30, 2007, to bring the term of thecontract in line with other RCA contracts which are cycled on a fiscal year basis. The amendmentalso increases the contract amount by $75,000.00 as approved in the Fiscal Year 2006-07 Budget.Staff Recommendation:That the RCA Board of Directors:1) Approve Amendment No. 1 to the Contract with O’Reilly Public Relations extending thecontract to June 30, 2007, and increasing the contract amount by $75,000 as approved inthe FY 2006-07 budget; and2) Authorize the Chairman to execute said Amendment on behalf of the Authority.Attachment:Amendment No. 1 to the Contract between the RCA and O’Reilly Public RelationsRVPUB\MO\694666.1

STAFF REPORT November 6, 2006Agenda Item No. 7.4Regional Conservation AuthorityAPPROVAL OF RESOLUTION NO. 06-13ESTABLISHING PUBLIC RECORDS ACT PROCEDURESFOR THE WESTERN RIVERSIDE COUNTY REGIONALCONSERVATION AUTHORITYStaff Contact:Honey Bernas, Director ofAdministrative Services(951) 955-2842Background:As the RCA progresses to meet its responsibilities to administer the Western RiversideCounty Multiple Species Habitat Conservation Plan, records and documents of interestto members of the public and others, and requests for records continue to increase.Therefore, staff and Legal Counsel are working to make certain that administrativepolicies and procedures are in place and updated.The proposed Resolution No. 06-13 will affirm the public’s right to access RCA recordsand to set forth the procedures that will facilitate accessibility of information. Theproposed policy also defines the types of records, specifies records that are exemptfrom disclosure, and sets the procedures for requesting and inspecting records.The RCA previously adopted fees for records requests. For the Board’s information, thefees were adopted as part of Resolution No. 05-08 and it stated: “…Upon request, anexact copy shall be provided unless it is impracticable to do so. The cost is twenty-fivecents per black and white copy (8 ½” x 11” or 8 ½” x 14”), or the prescribed statutoryfee. The fee for documents larger than 8 ½” x 14”, which require special duplicationprocessing, will include all direct costs of reproducing those documents. These costsmay be adjusted from time to time by resolution of the Board of Directors, and will notexceed the amount reasonably necessarily to recover the cost to RCA of providing thecopy or copies.” Staff is proposing updating the fee schedule as shown in Exhibit C.

RESOLUTION NO. 06-13ATTACHMENT 1RESOLUTION OF WESTERN RIVERSIDE COUNTYREGIONAL CONSERVATION AUTHORITYESTABLISHING PUBLIC RECORDS ACT PROCEDURESWHEREAS, Western Riverside County Regional Conservation Authority(the "Authority") is required, pursuant to the California Public Records Act (GovernmentCode Sections 6250 et seq.) to provide upon request a copy of certain identifiable publicrecords held by the Authority, andWHEREAS, the Authority has adopted Resolution No. 05-08 establishinga public records act and records retention policy;WHEREAS, the purpose of this Resolution to amend the public recordsact policy set forth in Exhibit “B” of Resolution No 05-08 to update it in compliance withcurrent law.NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDEREDby the Board of Directors of Western Riverside County Regional Conservation Authorityas follows:Exhibit “B” of Resolution No. 05-08 repealed and replaced by Exhibit “A”attached hereto.ADOPTED this 6 th day of November, 2006.Approved:Attest:_______________________________Kelly Seyarto, ChairmanRCA Board of Directors_______________________________Honey BernasClerk of the BoardRVPUB\CRAVEN\721868.3

EXHIBIT APUBLIC RECORDS ACTPOLICY AND PROCEDURE(Amending Exhibit “B” of Resolution No. 05-08)1. PurposeThis Policy sets forth the Western Riverside County Regional ConservationAuthority (“Authority”) policies and procedures regarding requests for inspectionof public records. It is designed to be in compliance with existing law. If anyprovision of this policy conflicts with the law, the law shall take precedence.2. DefinitionsAs used in this Policy, the following terms shall have the following meanings:(a)(b)(c)(d)(e)"Authority" shall mean the Western Riverside County RegionalConservation Authority."Person" shall mean any natural person, corporation, partnership,limited liability company, firm, or association."Writing" means handwriting, typewriting, printing, Photostatting,photographing, photocopying, electronic mail, facsimile, and everyother means of recording upon any form of communication orrepresentation, including letters, words, pictures, sounds, orsymbols, or combination thereof and all papers, maps, magnetic orpaper tapes, photographic films and prints, magnetic or punchcards, discs, drums, and other documents."Public records" shall mean any writing containing informationrelating to the conduct of the Authority's business prepared, owned,used, or retained by the Authority regardless of physical form orcharacteristics that are open to public inspection by law."Requestor" shall mean a person, or representative of a person,who has correctly filled out the request form, attached asExhibit "A" to this Policy.3. Right to InspectTo the extent required by law, and except as otherwise provided herein, all publicrecords of the Authority are open to inspection by any person at all times duringthe office hours of the Authority (pursuant to Section 5 herein). Copies orcertified copies of public records may be obtained by any person, subject tocompliance with the procedures set forth in this Policy. Any portion of a recordRVPUB\CRAVEN\721628.1-1-

EXHIBIT Athat can be reasonably segregated shall be available for inspection by anyperson requesting the record, after deletion of the portions that are exempted bylaw.4. Records Exempt from DisclosureRecords which are exempt from disclosure under applicable law include but arenot limited to the following:(a)(b)(c)(d)Preliminary drafts, notes, interagency, or intra-agency memoranda whichare not retained by the Authority in the ordinary course of business,provided that the public interest in withholding such records clearlyoutweighs the public interest in disclosure.Records pertaining to pending litigation to which the Authority is a party, orto claims made pursuant to Division 3.6 (commencing with Section 810) ofTitle 1 of the Government Code.Personnel, medical, or similar files, the disclosure of which wouldconstitute an unwarranted invasion of personal privacy.Records contained in or related to:(1) Applications filed with any state agency responsible for theregulation or supervision of the issuance of securities or of financialinstitutions, including, but not limited to, banks, savings and loanassociations, industrial loan companies, credit unions, andinsurance companies.(2) Examination, operating, or condition reports prepared by, on behalfof, or for the use of any state agency.(e)(f)(g)Geological and geophysical data, plant production data, and similarinformation relating to utility systems development, or market or cropreports, which are obtained in confidence from any person.The contents of real estate appraisals, engineering or feasibility estimates,and evaluations made for or by the Authority relative to the acquisition ofproperty, or to prospective public supply and construction contracts, untilall of the property has been acquired or all of the contract agreements areobtained; provided that the law of eminent domain shall not be affected bythis provision.Computer software developed by a state or local agency is not itself apublic record under this chapter. The agency may sell, lease, or licensethe software for commercial or noncommercial use.RVPUB\CRAVEN\721628.1-2-

EXHIBIT A(h)(i)(j)(k)The records made, if any, of closed sessions, pursuant to GovernmentCode section 54957.2, are not public records subject to inspection.Records the disclosure of which is exempted or prohibited pursuant tofederal or state law (i.e., attorney-client privilege under the CaliforniaEvidence Code).Initiative, referendum and recall petitions signed by registered voters.Records that reveal the identity of persons who have requested bilingualballots or bilingual ballot pamphlets.This partial list of exemptions is subject to applicable law, and any changes in law areautomatically incorporated herein.5. Request to Inspect and/or Make Copies(a)Any person desiring to inspect records of the Authority may make suchrequest orally or in writing to the Clerk of the Board. Written requests maybe submitted preferably using the request form attached as Exhibit "A" tothe Clerk of the Board. The requestor shall specify the records to beinspected with sufficient detail to enable the Authority to identify theparticular records and shall specify the number of persons to attend suchinspection. If the request is ambiguous or unfocused, the Authority shallmake a reasonable effort to elicit additional clarifying information from therequester that will help identify the record or records. Pursuant toGovernment Code Section 6253.1, the Authority shall do all of thefollowing, to the extent reasonable under the circumstances:• Assist the member of the public to identify records and informationthat are responsive to the request or to the purpose of the request,if stated;• Describe the information technology and physical location in whichthe records exist; and• Provide suggestions for overcoming any practical basis for denyingaccess to the records or information sought.The Authority, upon a request for inspection or for a copy of records, shall,within ten (10) days from receipt of the request, determine whether therequest, in whole or in part, seeks inspection of or copies of discloseablepublic records in the possession of the Authority and shall promptly notifythe person making the request of the determination and the reasonstherefore. In unusual circumstances, the time limit prescribed in thissection may be extended by written notice by the Clerk of the Board of theAuthority (or his/her designee) to the person making the request, settingRVPUB\CRAVEN\721628.1-3-

EXHIBIT Aforth the reasons for the extension and the date on which a determinationis expected to be dispatched. No notice shall specify a date that wouldresult in an extension for more than fourteen (14) days. A response to arequest for inspection or copies of public records that includes adetermination that the request is denied, in whole or in part, shall be inwriting. As used in this section, "unusual circumstances" means thefollowing, but only to the extent reasonably necessary to the properprocessing of the particular request:(1) The need to search for and collect the requested records from fieldfacilities or other establishments that are separate from the officeprocessing the request.(2) The need to search for, collect, and appropriately examine avoluminous amount of separate and distinct records that aredemanded in a single request.(3) The need for consultation, which shall be conducted with allpracticable speed, with another agency having substantial interestin the determination of the request or among two or morecomponents of the Authority having substantial subject matterinterest therein.(4) The need to compile data, to write programming language or acomputer program, or to construct a computer report to extractdata.(b)Procedures for Approved Requests for Inspection and/or CopiesApproved requests for inspection and/or copies will be handled as follows:(1) Mail Request - The Clerk of the Board will notify the requestor ofthe fees to be paid to the Authority for copies of such records.Upon receipt of such fees, the Records Clerk shall prepare andmail copies or certified copies of such records to the personrequesting them.(2) In-Person Request – Copies of requested documents will beprovided after payment of fees in accordance with the establishedfee schedule (Exhibit "B").(3) Telephone Request – In response to a telephone request for copiesof Authority records, the Clerk of the Board will explain the recordsrequest procedure (including established fees) as outlined insubsections (1) and (2) above. Payment of fees is required beforecopies may be prepared.RVPUB\CRAVEN\721628.1-4-

EXHIBIT A(4) Fax Requests – In response to a fax request for copies of Authorityrecords, the Clerk of the Board will transmit to the Requestor anexplanation of the procedures (including established fees) asoutlined in subsections (1) and (2) above, and transmit Exhibits "A"and "B" to the Requestor. Payment of fees is required beforecopies may be prepared.(5) E-mail Requests – In response to an E-mail request for copies ofAuthority records, the Clerk of the Board will transmit to theRequestor and explanation of the procedures (including establishedfees) as outlined in subsections (1) and (2) above, and transmitExhibits "A" and "B" to the Requestor. Payment of fees is requiredbefore copies may be prepared.6. Fees for CopiesThe Authority shall charge fees for copies or certified copies of identifiable publicrecords or information as set forth in Exhibit "B.”RVPUB\CRAVEN\721628.1-5-

EXHIBIT BPUBLIC RECORD REQUEST FORMDate:_____________________In accordance with the California Public Records Act (Gov. Code §§. 6250-6277), I amrequesting to (check one): inspect the following public recordsrecords receive copies of the following public[Please describe in detail the public records you are seeking]I understand that the Authority will respond to all Public Records Act requests incompliance with State law.For copies of the above-listed public records, I understand the following fees schedulewill apply: [insert copying fees] or as otherwise provided by law. I also understandthat payment of fees is required in advance of delivery of any requested records. Ifmore than fifty (50) pages are requested, the Authority may require a deposit beforemaking copies.Name/Signature of Requestor: _____________________________________________Address: ______________________________________________________________Phone/Fax/E-mail:_____________________________________________RVPUB\CRAVEN\721628.1-2-

EXHIBIT BPUBLIC RECORD REQUEST FORMFOR STAFF USE ONLY:Date Request Completed:Copy(ies) Provided? Yes No PartialList any requested document that is exempt from public disclosure and was not copied (i.e., personnelfiles, attorney/client privilege documents, preliminary drafts, pending litigation or claims, etc.)Estimated Copy Charges:Amount of Deposit (if required):Refund/Additional Payment:Total Payment Received:RVPUB\CRAVEN\721628.1-3-

EXHIBIT CPUBLIC RECORDS REQUESTSCHEDULE OF FEESDescriptionPriceCopy Price per Page – Standard Letter Size (81/2" x 11")$0.50 first page$0.10 ea. page thereafterCopy Price per Page - Legal Size (8 1/2" X 14") $0.25Color Copies per Page $0.50Copy charges for oversized documents thatmust be outsourced for duplication/reproductionPrice for Public Records in electronic format,including video and/or audio tapes of Board ofDirectors meetings, when requested in electronicformat, shall be calculated by the ExecutiveDirector in accordance with Government CodeSection 6253.9, as it may be amended from timeto time.Actual costPer Gov. Code Section6253.9Note: Payment is required in advance of delivery of any requested records.RVPUB\CRAVEN\721628.1 1

Staff Report November 6, 2006Agenda Item No. 8.1Regional Conservation AuthorityCORE 2CRITERIA REFINEMENTStaff Contact:Joe Richards, Deputy Executive Director(951) 955-9700Background:In December of 2005, the County of Riverside and the City of Murrieta requested thatthe RCA undertake a criteria refinement to modify the reserve configuration in Core 2(see Exhibit 1). It was postulated that due to the fragmentation of the area by existingdevelopment, the goals of the Plan would be difficult to achieve, and better resourcesmay exist in other Cores where land values were lower (i.e. Wilson Valley). OnMarch 6, 2006 the Board authorized staff to initiate the refinement.Staff has indicated from the beginning that “science” would guide our efforts in therefinement process. In this regard, staff asked Dr. Michael Allen of the Center forConservation Biology at UCR to assemble a panel of experts to assess theenvironmental conditions of Core 2 and determine if the Core was essential to thereserve, or if comparable or better habitat existed elsewhere in the Plan area. Dr.Allen’s team produced a report to address this fundamental question. The reportconcludes:“Core 2 has been disturbed, particularly around the edges, since its designation as partof the WRC MSHCP in 2004. But, the central watersheds within Core 2 still supportrelatively undisturbed coastal sage scrub. Other core areas to the northwest andsoutheast, while unique and valuable, have different ecological features than Core 2.Therefore, it was unanimously agreed by the Core 2 Workshop participants that certainportions of Core 2 have elements not found elsewhere in the WRC MSHCP. Ofparticular value are the large patches of undisturbed coastal sage scrub, chapparal, andriparian habitats in the center of Core 2 and the undisturbed as well as disturbed butpotentially restorable lands providing connectivity between Core 2 and other core areasto the east and west. This assessment was based upon several factors. These include:• Core 2 contain locations important in the distribution and populationstructure of Quino checkerspot butterfly,

Western Riverside CountyRegional Conservation AuthorityMULTIPLE SPECIES HABITAT CONSERVATION PLANAnnual Report 2005Executive Summary

EXECUTIVE SUMMARYEXECUTIVE SUMMARYThe Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) is acomprehensive, multi-jurisdictional plan that conserves species and associated habitats toaddress biological and ecological diversity conservation needs in western Riverside County.The plan was approved and permits issued on June 22, 2004, by the U.S. Fish and WildlifeService (USFWS) and California Department of Fish and Game (CDFG). The MSHCP PlanningArea encompasses approximately 1.26 million acres in western Riverside County. The MSHCPcalls for the conservation and management of approximately 500,000 acres of the 1.26-millionacrePlan Area. Of the 500,000 acres, 347,000 acres are currently within existing public/quasipublicownership. Achievement of the 500,000-acre goal depends on conservation of anadditional 153,000 acres within the Plan Area.The Western Riverside County Regional Conservation Authority (RCA) was formed in February2004 and assumed administration and implementation responsibility for the MSHCP in March2004. The MSHCP requires that the RCA prepare and submit a report of its annual activities.This report provides a summary of activities for the reporting period of January 1, 2005, throughDecember 31, 2005. This report is the first MSHCP annual report that covers a full calendaryear.Reporting RequirementsIn addition to reporting the amount of habitat conserved and developed during the reportingperiod, this report includes other information that measures MSHCP progress. At a minimum,the annual report includes:• Reserve Assembly activities in relation to the rough step formulas presented in Section6.7 of the MSHCP and in accordance with species-specific Objective 1B of the DelhiSands flower-loving fly.• Acres authorized for disturbance within the Plan Area during the reporting period.• Single-family and mobile home activity within the Criteria Area for the preceding yearand cumulatively occurring under the expedited review process for these activitiespresented in Section 6.1.1 of the MSHCP.• New or expanded agricultural operations within the Criteria Area for the preceding yearand cumulatively occurring under the processes identified in Section 6.2 of the MSHCP.• Minor Administrative/Clerical Amendments approved during the reporting period inaccordance with the procedures described in Section 6.10.2 of the MSHCP.Western Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-1

EXECUTIVE SUMMARY• Ongoing management and monitoring activities highlighting issues of concern andproposed remedies/actions.• Documentation concerning funding/collection of mitigation fees.Major Activities in 2005During 2005, the RCA executive director and staff focused on (1) further developing theorganizational structure to implement the Plan, including adding two additional full-time CountyContracted Staff for geographic information system (GIS) and Information Technology duringMarch and April 2005; (2) providing on-site enhanced training sessions to the local Permitteesregarding Plan implementation, including assistance in developing a Habitat AcquisitionNegotiation Strategy (HANS) or similar process; (3) fully implementing Joint Project Review(JPR) for projects within the Criteria Area and establishing the supporting GIS data sets; (4)holding regular meetings of the RCA Board and Administrative Committee meetings; (5)revising and implementing new fee collection procedures for implementation in 2006; (6)preparing and distributing the initial annual report for 2004 covering the period of June 22, 2004,through December 31, 2004; (7) continuing the process of acquiring additional Reserve lands;(8) implementing the first full year of the Monitoring Program; and (9) implementingorganizational and financial audit procedures and finalizing contracts for services and otherfunctions. Additionally, the RCA Board hired Tom Mullen to serve as the RCA InterimExecutive Director and hired Joe Richards to serve as the Deputy Director.Two committees, the Reserve Management Oversight Committee and the Funding CoordinationCommittee, were established by the RCA Executive Director to provide expertise and leadershipfor MSHCP implementation. During 2005, each committee met twice: the Reserve ManagementOversight Committee met March 28 and June 14, 2005, and the Funding CoordinationCommittee met February 24 and May 19, 2005.In May 2005, the RCA released the Western Riverside County RCA website (www.wrc-rca.org).The RCA website was developed to provide the public with access to valuable information, suchas the Plan and Implementing Agreement text, RCA functions, links to other relevant websites,background information on the MSHCP and the RCA, current and upcoming events, such asrecent acquisitions, and RCA Board and committee meeting dates, locations, agendas, andminutes. RCA staff continues to update and improve the RCA website. In December 2005, thewebsite was enhanced to improve the user interface and include additional information.In 2005, the RCA and the Riverside County Transportation Commission (RCTC) jointlypurchased 909 acres in Cactus Valley owned by the Goodhart family. The property, locatedapproximately 5 miles southeast of Diamond Valley Lake, was acquired for $5.1 million. TheWestern Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-2

EXECUTIVE SUMMARYGoodhart property is home to over 75 plants and animal species and provides an importantlinkage for species that travel between Wilson Valley and the San Bernardino National Forest.Other noteworthy 2005 acquisitions were the Riverside Clark property (724 acres), the CuchiaVogal property (666 acres), the Long Beach Equities property (300 acres), and 711 acres fromCalifornia State University.Reserve Assembly ActivitiesThe MSHCP is a criteria-based plan that contains three main performance measures. Theseperformance measures were intended to ensure that conservation was occurring simultaneouswith development. Each of the following performance measures is equally important inmeasuring Plan implementation progress:• Rough step area and habitat type• Area Plan and subunit• Jurisdictional boundaries (Cities and Riverside County).RCA staff worked with each city and the County to build a GIS database of relevantconservation and development activity, which was used to calculate progress under theperformance measures. For annual reporting purposes, conservation is generally counted as a“gain” when acquired through transfer of title or recordation of conservation easement. Thisannual report reflects acres conserved between February 2000 and December 31, 2005.Development “losses” are counted at the time of grading permit issuance. This annual reportreflects losses between MSHCP initiation on June 22, 2004, and the end of this annual report’sreporting period on December 31, 2005. The acres conserved are counted prior to MSHCPissuance because the County, CDFG, California Department of Parks and Recreation, and theUSFWS, in anticipation of MSHCP permit issuance, began an early, aggressive campaign toassemble the Reserve prior to Plan permit issuance. Since the Plan’s state and federal permitswere not issued until June 22, 2004, habitat losses are only tracked starting from June 22, 2004.Rough Step Acreage SummariesAs stated above, performance measures, including the “rough step,” are used to monitor generalsuccess of the Plan. The rough step measure is a tool to help direct conservation withinvegetation communities of similar weather patterns, geographies, soils, and geologies asdevelopment occurs. The rough step measure is intended to ensure that conservation of specificnarrowly distributed habitats occur in rough step with development. The rough step analysisWestern Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-3

EXECUTIVE SUMMARYfunctions as an early warning system to signal where development is outpacing conservation, andwhere conservation efforts therefore need to be focused.Development is outpacing conservation in many of the vegetation communities where the roughstep formula applies (see Section 2). That is, the number of acres authorized for disturbance inthe vegetation communities is higher than the allowable number of development acres calculatedusing the rough step formula. Some of the vegetation communities in Rough Step Units 6 and 8are close to being within rough step. For example, in Rough Step Unit 6, 172 acres of coastalsage scrub have been developed; since the allowable loss of coastal sage scrub is approximately156 acres this vegetation community within Rough Step Unit 6 is out of rough step. However, inthe grassland vegetation community within Rough Step Unit 6, conservation is in rough stepwith development: 370 acres of grassland were impacted; allowable loss was 444 acres. Of the37 rough step vegetation communities within the Plan area, 19 are in rough step, and 18 are outof rough step. Of the 18 that are out of rough step, 6 are out by more than 50 acres (3 coastalsage scrub, and 3 grassland), 6 are out by between 50 and 10 acres, and 6 are out by 10 acres orless. The 2005 rough step analysis indicates that efforts need to be focused toward conserving thefollowing vegetation communities within specific rough step units:Rough Step Unit 1:GrasslandsRiversidean Scrub, Woodland, ForestRough Step Unit 3:Coastal Sage ScrubGrasslandsRiversidean Alluvial Fan Sage ScrubRough Step Unit 4:Coastal Sage ScrubDesert ScrubsGrasslandsRough Step Unit 5:Coastal Sage ScrubGrasslandsRiparian Scrub, Woodland, ForestRiversidean Alluvial Fan Sage ScrubWoodlands and ForestsWestern Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-4

EXECUTIVE SUMMARYRough Step Unit 6:Coastal Sage ScrubRiparian Scrub, Woodland, ForestRough Step Unit 7:Riversidean Alluvial Fan Sage ScrubRough Step Unit 8:GrasslandsRiversidean Alluvial Fan Sage ScrubSeveral key acquisitions have occurred in 2006 and will be reflected in the 2006 Annual Report.Because the rough step analysis is an acquisition planning tool, the RCA felt it pertinent toinclude reference to several key acquisitions that had occurred by the fall of 2006 within specificrough step categories. This acquisition information provides the reader with a snapshot of the“gains” that are likely to be reported in the 2006 annual report and positively impact the roughstep calculations in several key areas. By the fall of 2006, an additional 5,000 acres have beenacquired, and an additional 5,000 acres are pending acquisition.Conservation by Area PlanThe MSHCP divides western Riverside County into “Area Plans” for management purposes.Area Plans are synonymous with the Area Plans delineated in the Riverside County GeneralPlan. RCA staff calculated and summarized all lands conserved by Area Plan. This allows thePermittees to determine where the most conservation has occurred, assess target conservationgoals, and prioritize areas where future conservation should occur. The 2005 annual reportanalysis shows that The Pass Area Plan is closest to its target acquisition range of 8,540 to13,925 acres, due largely to the Potrero Canyon acquisition, which has resulted in 8,935 acres ofconservation in this Area Plan. No other Area Plans have achieved their target conservationacreage range.Conservation by Area Plan SubunitThe MSHCP identifies target acreages by Area Plan and subunit and designates a low, mid, andhigh range or acreage for each subunit. This allows the RCA to calculate a running total of allland conserved within the MSHCP area and allows a more detailed accounting of these totals.This analysis will help conservation efforts and could direct management and monitoring effortsto more specific areas, if necessary. Acreage goals for Subunit 1, Potrero/Badlands, in the PassWestern Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-5

EXECUTIVE SUMMARYArea Plan, have been achieved. This subunit has an acreage conservation goal of 5,570 to 9,275acres; 5,622 acres have been conserved, largely due to the Potrero Canyon acquisition.Conservation by City and County JurisdictionThe MSHCP also identifies conservation acreage targets by City and County jurisdictions. RCAstaff used acquisition data to calculate the acreage of lands conserved within each jurisdictionand compared these acreages to each target. To date, the conservation acreage goal has beensatisfied in the City of Moreno Valley. In addition, progress toward acreage goals has beenmade in Beaumont, Murrieta, Lake Elsinore, and Calimesa. No conservation gains wererecorded during the reporting period for Banning, Canyon Lake, Corona, Hemet, Norco, Perris,Riverside, San Jacinto, or Temecula, although as of the fall of 2006, several acquisitions are inprogress in these jurisdictions.Reserve ManagementThe RCA has contracted with the Riverside County Regional Parks and Open Space District(District) to manage most of the RCA properties. The District employs two full-time employeesand one half-time employee for the sole purpose of MSHCP Reserve management. The Districtcurrently manages 26 properties for the MSHCP, totaling approximately 6,246 acres. Other landmanagement agencies/entities managing public land within the MSHCP Conservation Areainclude the U.S. Forest Service, the U.S. Bureau of Land Management, the Center for NaturalLands Management, the University of California, Riverside, the CDFG, and the CaliforniaDepartment of Parks and Recreation. The District coordinates with these agencies/entities onbehalf of the RCA to ensure consistent management throughout the MSHCP Conservation Area.Due to the interim nature of the RCA/District contract, management was carried out in a minimalfashion. Staff during the 2005 year included a Natural Resources Manager (three-quarter time),one Park Ranger, and one Park Maintenance Worker.Monitoring ProgramThe MSHCP and its associated Implementing Agreement designates CDFG to serve as theMonitoring Program Coordinator for the first 8 years of MSHCP implementation. The programis divided into two phases. The first phase focuses on mapping vegetation communities,gathering existing species information, conducting field surveys for selected species, and testinga community-based approach. The second, long-term monitoring phase will utilize a multiplespecies sampling strategy (i.e., sampling design, sampling locations, and survey protocols) thatwill be developed based on the information gathered during the initial phase.Western Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-6

EXECUTIVE SUMMARYThe monitoring program is in its initial stage. CDFG, working with others, has surveyed severalspecies, including the mountain yellow-legged frog, arroyo toad, California red-legged frog, andburrowing owl. CDFG has also surveyed selected reptile, raptor, and plant species and severalvegetation communities. Since the monitoring program is in its incipient stages of datacollection, data analyses or suggested changes for adaptive management are not included in thisannual report; however, they will be in future reports as applicable.SummaryThis report provides a means of evaluating the effectiveness of MSHCP implementation and thesuccess of the RCA during its initial years of operation. It also provides a way to measurechanges on the landscape, assess rates of urban growth and habitats lost, direct futuredevelopment, and prioritize future acquisition and conservation efforts. Additionally, this reportlays the foundation for future reporting. As the RCA matures as an agency, each product andmilestone provides learning opportunities. During the preparation of this annual report, severallessons were learned and needs identified:• The need for uniform record keeping of development activity by local Permittees(including conservation areas obtained through the land development approval process)• The timely reporting of development activity by local Permittees• The need for assistance to local Permittees in their efforts to record development activityfor purposes of the annual report• The need for modifications to annual reporting requirements.In the coming year, RCA staff will continue to prepare materials and work with its memberagencies to assist in all aspects of Plan implementation. RCA staff also anticipates thatsubsequent annual reports will be based on more reliable data as the agency matures, operationsstabilize, and data standards are developed for all Permittees.Annual reports are a valuable planning tool for the RCA. The RCA is using this annual report’sfinding that many reporting areas appear to be out of rough step, with losses exceeding gains forthe reporting period, to shift 2006 acquisition and conservation efforts to achieve rough stepequilibrium.Western Riverside County MSHCP October 2006Annual Report (January 1, 2005 through December 31, 2005)ES-7

STATUS REPORT: NOVEMBER 6, 2006MANAGEMENT AUDIT - GENERAL RECOMMENDATIONSAUDIT RECOMMENDATION STAFF RESPONSE ACTION STATUS/COMPLETEDDevelop additional performance indicators for annualmeasurement of RCA progress.CONCUR Annual report provides necessary measurements of our performance. Completed: The 2005 Annual Report is on today’s Board agenda.Consider partnering with another regional JPA for annualaudits of MSHCP fee collections.CONCURWe have commissioned an audit for the last and the current fiscal years tocomply with state law. We will coordinate with RCHCA for our FY 2006-07audit.Completed: The FY 2004-05 Audit report is on today’s agenda(Item 7.2), and we are preparing for the FY 2005-06 audit. Staff willbegin conducting random audits of permittee fee collections thisfiscal year rather than contracting out for this service.Adopt a formal purchasing policy and/or contract with Countyor other appropriate purchasing officers for procurementservices.CONCURStaff will investigate contracting with the County or other agency forprocurement services.Status: Staff is negotiating as part of the master agreement withthe County which will be presented to the Board in the first quarterof the 2007.Develop a budget for FY 2006-07 that clearly identifies theamounts to be received and spent for Administration, LandAcquisition and Reserve Management and Monitoring.CONCURWe recognized some months ago that our budget needed to be constructedto address specific obligations under the Plan. Our FY 2006-07 budget willclearly define revenues and expenditures according to land acquisition,management / monitoring, and administration.Completed. The FY 2006-07 budget adopted by the Board onMay 1, 2006, clearly defines revenues and expenditures accordingto land acquisition, management / monitoring, and administration.Include a 2% reserve for contingencies line item in futurebudgets.Budget only 90% of anticipated revenue in future spendingplans.CONCUR Contingency built into estimated revenue for FY 2006-07. Completed. Assumed 25% reduction in development fees andbudgeted at 90% of expected revenue for FY 2006-07.CONCUR Implemented in our FY 2006-07 budget. Completed. Implemented in FY 2006-07 budget adopted by theBoard on May 1, 2006.Report on budget status and land acquisition goals quarterly. CONCUR In FY 2006-07 staff will provide periodic budget reports to the Board. We arecurrently reporting our land acquisition status to the Board monthly.Completed: We provide land acquisition status reports at everyBoard meeting and will provide a mid-year budget report in January2007.Continue meeting with staff-level personnel from otheragencies, including an analyst from RCA, to track and monitorgrant status.CONCURStaff holds weekly meetings on land acquisition issues, which include grantstatus.Completed weekly.Maintain, and distribute with agenda packets, a follow-up listof items requiring additional staff work, and include the staffassigned and the estimated dates of completion.CONCURStaff has revised the Board agenda format to include call-back items for futurereport/action.Completed. Call back items are listed monthly on each BoardAgenda.Revise the RCA bylaws to reflect actual practices regardingstanding committees.CONCURThis is another issue that staff recognized needed attention. Staff is preparinga recommendation on the structure of all standing committees. The itemshould be ready for Board consideration in July.Completed: On July 24, 2006 the Board approved proposedmodifications to the standing committees. Resolution No. 06-10amending the Authority’s Bylaws to reflect these changes wasintroduced on today’s agenda (Agenda Item 7.5) and if approved,will be agendized for final adoption in October.Develop standard policies and procedures for handlingdonations of cash and real property.CONCUR Staff will develop a policy and present it to the Board of Directors for approval. Completed: Staff has developed and implemented policies andprocedures for handling of the Authority’s assets.Follow up with legal counsel to ensure Form 700 filingrequirements are met.CONCUR On April 3, 2006, the Board adopted Resolution No. 06-04 Adopting andAmended Appendix of the Authority’s Conflict of Interest Code.Completed. On April 3, 2006, the Board adopted Resolution No.06-04 which Amended the Appendix of the Authority’s Conflict ofInterest Code.Designate the RCA Clerk of the Board as the Form 700 filingofficial, and direct the designee to work with the filing officer toobtain proper guidance on processes.CONCUROn April 3, 2006, the Board adopted Resolution No. 06-04 Appointing theDirector of Administrative Services as the Authority’s Filing Officer/Official.Completed. On April 3, 2006, the Board adopted Resolution No.06-04 Appointing the Director of Administrative Services as theAuthority’s Filing Officer/Official.Maintain a manual of adopted policies, and a list of executedcontracts, and ensure that policies and contracts are updatedor renewed as appropriate.CONCURIn regard to policies, staff has drafted and is submitting to the Board over thenext couple of months, various administrative policies for consideration. TheBoard approved land acquisition policies at their March 6, 2006 meeting.These policies and related procedures will be memorialized in anadministrative manual. Our contracts are organized in a binder for reference.Completed. Ongoing. The Board approved Land AcquisitionPolicies on March 6, 2006 (Agenda Item 8.2).1

STATUS REPORT: NOVEMBER 6, 2006MANAGEMENT AUDIT - ORGANIZATIONAL RECOMMENDATIONSAUDIT RECOMMENDATION STAFF RESPONSE ACTION STATUS/COMPLETEDAdopt the organizational structure described in the report.CONCUR BUT WITHQUALIFICATIONSConcur with basic structure, but will recommend modifications. Positions willbe requested and funded within budget constraints. The Executive Directorwill maintain a current organizational chart.Completed: A current organizational chart was presented to theBoard at the July 2006 meeting.Reclassify several positions within the RCA. GENERALLY CONCUR Staff is evaluating assigned positions reclassification studies for existingstaff where appropriate. We will bring forward a recommendation shortly.Transfer assigned TLMA employees to RCA. CONCUR We are in the process of transferring the remaining employees from TLMA toRCA.Completed: Staff initiated and County Human Resourcescompleted reclassification studies on three RCA positions onJune 9, 2006. The reclassifications were approved by theBoard on August 7, 2006.Completed 04-13-06.Develop a formal agreement with County Human Resourcesthat details the type of services to be provided to the RCA,and the estimated cost of those services.CONCUR Staff is in the process of negotiating a master agreement with the County. Status: Staff is negotiating a master county contract with theCounty Executive Office and will present to the Board forconsideration during the first quarter of calendar year 2007.Develop a formal contract with Facilities Management toprovide real property agent services through 2006, with theoption to renew.CONCUROur recently adopted land acquisition policies provide for just this type ofarrangement.Completed. Land Acquisition Policy adopted by the Board onMarch 6, 2006 (Agenda Item 8.2).By the beginning of 2007, evaluate whether to continueemploying County employees to perform RCA work, or todevelop an independent structure of core RCA employees,with separate personnel policies and retirement and benefitcontracts.GENERALLY CONCURWe have investigated the idea of creating a separate independent agencysimilar to RCTC, with its own employees, personnel policies, and benefitcontracts. However, we believe it would be premature and costly for theRCA to execute such a plan even in 2007. The current arrangement withthe County provides a good value for the RCA. As the RCA continues inits formative stages, staff recommends continuing the current arrangementwith the County for two to three years. At that time we may wish to reevaluateoptions to developing an independent structure.Status: We are continuing to evaluate this on a periodic basiswith the County’s Executive Officer.2