HomeMy WebLinkAboutCity Council Item No. 10CITY OF ,ice
LADE LSIIYOI~E
DaEAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 12, 2011
SUBJECT: FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY
REGIONAL CONSERVATION AUTHORITY
Background
On February 7, 2011, the Western Riverside County Regional Conservation Authority,
of which the City of Lake Elsinore is a member, approved the Fourth Amended and
Restated Joint Exercise of Powers Agreement (JPA) creating the Western Riverside
County Regional Conservation Authority.
Discussion
The Fourth Amended and Restated Joint Exercise of Powers Agreement would add the
City of Eastvale to the joint powers authority once all of the member agencies have
adopted the proposed amended agreement. A copy of the amended agreement is
attached for the Council's consideration and approval.
Fiscal Impact
There is no fiscal impact to the City,
Recommendation
Approve the Fourth Amended and Restated Joint Exercise of Powers Agreement creating
the Western Riverside County Regional Conservation Authority.
Prepared and
Approved by: Robert A. Brady
City Manager
Attachments: Fourth Amended and Restated Joint Exercise of Powers Agreement
Creating the Western Riverside County Regional Conservation
Authority with 26 Signature pages AGENDA ITEM NO. 10
Page 1 of 26
Page 2 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This Joint Powers Agreement dated 2011 is made by and
between the COUNTY OF RIVERSIDE, and the Cities of BANNING, BEAUMONT,
CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, LAKE ELSINORE,
MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN
JACINTO, TEMECULA and WILDOMAR, hereinafter sometimes referred to collectively
as "Parties," for the purpose of acquiring, administering, operating and maintaining land
and facilities for ecosystem conservation and habitat reserves for certain rare,
threatened and endangered species covered by the Western Riverside County Multiple
Species Habitat Conservation Plan, hereinafter referred to as the "MSHCP."
RECITALS
WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to
as "Parties", are authorized and empowered to contract with each other for the joint
exercise of powers pursuant to Article 1, Chapter 5, Division 7, Title 1 (commencing with
Section 6500) of the Government Code of the State of California, hereinafter referred to
as "the Act; and
WHEREAS, the County and the Cities each have the authority and power to
prepare and implement habitat conservation plans for the protection of rare, threatened
and endangered species, and to acquire, own, maintain and operate habitat reserves for
such species in connection with said habitat conservation plans; and
WHEREAS, the formation of a single public agency would most efficiently serve
the interests of the County and Cities by allowing the County and the Cities to jointly
exercise the aforementioned powers; and
WHEREAS, the County in consultation with the Cities has prepared the MSHCP;
and
WHEREAS, the County and the Cities desire to organize themselves pursuant to
26493.00003\1574539.4 - 1
Page 3 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
this Joint Powers Agreement, hereinafter referred to as the "Agreement", to implement
the MSHCP should the MSHCP ultimately be approved by the County and Cities; and
WHEREAS, the original Joint Powers Agreement was dated January 27, 2004
and was entered into between the County of Riverside and fourteen (14) cities in
western Riverside County; and
WHEREAS, the Cities of Menifee and Wildomar became member agencies on
April 7, 2009; and
WHEREAS, the parties and the City of Eastvale desire that the City of Eastvale
become a member of the Western Riverside County Regional Conservation Authority.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the Parties hereto agree as follows:
Section 1. Purpose. The purpose of this Agreement is to create a public
agency to acquire, administer, operate and maintain land and facilities to establish
habitat reserves for the conservation and protection of species covered by the MSHCP
and to implement the MSHCP in the event the MSHCP is approved by the County and
Cities and appropriate permits are issued by the U.S. Fish and Wildlife Service and the
California Department of Fish and Game.
Additionally, this Agreement shall permit the financing of public capital
improvements and those purposes permitted under the Marks-Roos Local Bond Pooling
Act of 1985, being Article 4 (commencing with Section 6584) of Chapter 5, Division 7,
Title 1 of the California Government Code (the "Bond Law").
Section 2. Creation of the Authoritv. Pursuant to the Act and the Bond Law,
there is hereby created a public agency to be known as the "Western Riverside County
Regional Conservation Authority," hereinafter referred to as the "RCA." The RCA shall
be a public agency, separate and apart from its members, and as provided by law and
not otherwise prohibited by this Agreement, shall be empowered to take such actions as
may be necessary or desirable to implement and carry out the purposes of this
Agreement.
26493.00003\1574539.4
-2-
Page 4 of 26
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3. Powers. In carrying out the purpose of this Agreement, the.RCA
shall have the following powers:
A. To make and enter into contracts;
B. To employ agents, consultants, attorneys and employees;
C. To acquire property, and any interest in property, both real and personal by
purchase, gift, option, grant, bequest, devise or otherwise, and hold and
dispose of such property;
D. To conduct and direct studies and to develop and implement plans to
complement, modify or supplement the MSHCP;
E. To incur debts, liabilities, and obligations;
F. To sue and be sued in its own name;
G. To employ reserve managers and other personnel to operate, maintain, and
administer the habitat reserves established through implementation of the
MSHCP;
H. To be an applicant, make applications for, and receive grants from
governmental and private entities and to participate in State bond issues;
I. To prepare project reports and applications, to qualify for grants, and to enter
into grant contracts and to do all other things necessary to comply with State
and Federal laws and regulations with respect to grants;
J. To borrow or receive advances of funds from its members or from such other
sources as may be permitted by law;
K. To contract with its members and other entities who operate or will operate the
habitat reserves established through implementation of the MSHCP;
L. To issue bonds, notes, warrants and other evidences of indebtedness to
finance costs and expenses to carry out the powers of the RCA;
M. To acquire, hold, and dispose of equipment;
26493.00003\1574539.4 -3 - Page 5 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N. To lobby state and federal governments and their officials as well as private
entities to obtain funding for implementation of the MSHCP and employ
individuals or entities to conduct such lobbying activities on its behalf; and
0. To exercise the powers granted to it under the Act, including, but not limited to,
the Bond Law and the powers common to each member, as may be necessary
to accomplish the purposes of this Agreement.
P. To invest money in the treasury pursuant to Section 6505.5 of the Act that is not
required for the immediate necessities of the Authority, as the Authority
determines is advisable, in the same manner and upon the same conditions as
local agencies, pursuant to Section 53601 of the California Government Code.
Section 4. Term. The term of this Agreement shall continue until terminated by
the Parties hereto by their mutual written consent as set forth in Section 5 of this
Agreement.
Section 5. Termination. Withdrawal and Amendment.
A. This Agreement shall be automatically terminated and considered null and
void in the event the MSHCP is not approved by the County and the Cities or
appropriate permits are not issued by the U.S. Fish and Wildlife Service and the
California Department of Fish and Game.
B. Any Party to this Agreement may withdraw for any reason upon giving all
other Parties sixty (60) days advance written notice of the effective date of such
withdrawal. This Agreement shall thereupon be deemed automatically amended to
reflect the withdrawal of said Party from the RCA and this Agreement. Upon withdrawal
of any Party from the RCA and this Agreement, the withdrawing Party shall not receive
any distribution, partial or otherwise, of any cash or other assets of the RCA.
C. Provided there is mutual consent by the governing bodies of each of the
Parties to this Agreement, evidenced in writing, this Agreement may be: (1) amended to
add new Parties; or (2) amended to change any portion of this Agreement. Alternatively,
any Western Riverside County city may become a party to the Authority upon such terms
26493.00003\1574539.4
-4-
Page 6 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and conditions as established by the Board or Executive Committee. Any Western
Riverside County city shall become a party to the Authority by the adoption by the city
council of this Agreement and the execution of a written addendum to this Aareern .n+
agreeing to the terms of this Agreement and agreeing to any additional terms and
conditions that may be established by the Board or Executive Committee.
D. The Parties to this Agreement specifically agree that this Agreement creates
an entity which may acquire or hold property. Pursuant to California Government Code
Sections 6511 and 6512, upon completion of the purposes of this Agreement or upon
termination thereof, any property or assets acquired or surplus money on hand which
was obtained pursuant to this Agreement and which is not required by law or contract to
be distributed in a different manner, may be returned to the then Parties to the
Agreement in proportion to the contributions made, or in the alternative, may be
transferred to any local, state, federal or private entity who agrees to assume the duties
and obligations of the RCA. However, any distribution of assets shall be subject to the
prior discharge of enforceable liability against the RCA. Subject to the foregoing, each
Parties proportionate share shall be based upon each Parties contributions to the RCA
submitted to the RCA in accordance with Sections 17.A. and B. below.
Section 6. RCA Board and Membership. This Agreement and the authority
hereby created shall be administered by the governing body of the RCA which shall be
known as the "Board of the Western Riverside County Regional Conservation Authority"
hereinafter referred to as the "Board."
The regular members of the Board shall be the five members of the Riverside
County Board of
Supervisors
and one
member from each
incorporated
city
who is
signatory to the
Agreement.
Written
notification of the
appointment
of
a City
representative shall be provided to the Chairperson of the Board.
Each member of the Riverside County Board of Supervisors may appoint an
alternate
member and
each
City may
appoint one alternate member.
Each
regular
member
and alternate
City
appointed
member must hold an elective
office
on the
26493.00003\1574539.4
-5-
Page 7 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
respective governing body appointing the regular or alternate member. The Board of
Supervisors may appoint a city council member of a member city to represent each
Board of Supervisor member as an alternate at meetings of the RCA Board or
committees. Notwithstanding the prior sentence, in no event shall the same person
serve as a city representative and alternate for the Board of Supervisor's member of the
same meeting. Notice of the appointment of an alternate shall be made in writing to the
chairperson of the RCA Board. In the absence of a regular member, the alternate
member shall, if present, participate in a meeting of the Board the same as if the
alternate member were the regular member.
Regular members and alternate members shall serve on the Board during the
term for which they were appointed or until their successor has been appointed or their
appointment has been revoked, whichever is earlier. However, a regular or alternate
member's position on the Board shall automatically terminate if and when the term of the
elected public office of such regular or alternate member is terminated. When a vacancy
occurs, it shall be the duty of the respective Party having the vacancy to promptly inform
the Board of the name of the replacement regular or alternate member.
Regular members and alternate members, if participating in a meeting of the
Board on behalf of a regular member, shall be entitled to compensation for participation
in meetings of the Board and necessary traveling and personal expenses incurred in the
performance of the member's duties as authorized by the Board. Such compensation
shall be fixed by resolution of the Board.
Section 7. Meetinqs of the RCA Board.
A. Meetinqs. The Board shall establish the time and place for its regular and
special meetings. The dates, hour and location of regular meetings shall be fixed by
resolution of the Board and a copy of such resolution shall be provided to the governing
body of each of the Parties and with each Party's designated regular and alternate
member. Special meetings and adjourned meetings may be held as required or
permitted by law.
26493.00003\1574539.4
-6-
Page 8 of 26
1
2
3
4
5.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. Ralph M. Brown Act. All meetings of the Board, including without
limitation, regular, special and adjourned meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph M. Brown Act (commencing
with Section 54950 of the California Government Code).
C. Quorum and Voting. A majority of the members of the Board shall
constitute a quorum for the transaction of business and all official acts of the Board shall
require the affirmative vote of a majority of the members of the. Board. Each regular
member or alternate member acting in the place of a regular member shall have one
vote at meetings of the Board. However, any member of the Board, immediately after a
vote of the Board and prior to the start of the next item on the agenda may call for a
weighted vote. For an item to be passed by weighted vote, all of the following
requirements shall be met:
1. the item shall be approved by a majority of the Board members
present at the meeting who represent the Riverside County Board of Supervisors, who
each shall have one vote;
II. the item shall be approved by a majority of the Board members
present at the meeting who represent Cities, who each shall have one vote; and
III. the item shall be approved by Board members present at the
meeting who represent Cities representing a majority of an equal combination of 1) the
population of the county living in incorporated areas within the boundaries of the MSHCP
Plan area, and 2) the number of acres currently within the Criteria Cells in the
incorporated areas as follows: Banning - 78 acres; Beaumont - 10,098 acres; Calimesa
- 3,380 acres; Canyon Lake - 303 acres; Corona - 2,315 acres; Eastvale - 1,024 acres;
Hemet - 1,158 acres; Lake Elsinore - 14,336 acres; Menifee - 249 acres; Moreno
Valley - 2,325 acres; Murrieta - 8,726 acres; Norco - 734 acres; Perris - 3,181 acres;
Riverside - 1,201 acres; San Jacinto - 4,580 acres; Temecula - 3,899 acres; and
Wildomar - 4,151 acres. Population data shall be determined through California
Department of Finance estimates, adjusted annually.
26493.00003\1574539.4 -7- Page 9 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
In addition, the Board may, through resolution, revise the above-referenced
number of acres due to the addition of a new member entity or other appropriate
adjustments as the Board deems necessary.
D. The Board may adopt, from time to time, such rules and regulations
for the conduct of its meetings and affairs as it may deem necessary, including, without
limitation, the designation of a person to record and transcribe the minutes of each
public meeting of the RCA.
Section 8. Officers. The Board shall select a Chairperson and a Vice-
Chairperson at its first meeting and at the first meeting held in each succeeding calendar
year. Additionally, at its first meeting and at the first meeting held in each succeeding
calendar year shall, the Board shall select any other officers it deems appropriate. In the
event an officer resigns or ceases to be an officer, the Board shall select a replacement
therefore at the next regular meeting of the Board. In the absence or inability of the
Chairperson to act, the Vice-Chairperson shall act as Chairperson.
A. Treasurer. The treasurer of a member agency shall serve as the
treasurer of,the RCA. The Board pursuant to the adoption of a resolution shall appoint
the treasurer of a member agency to sere as the Treasurer. The Treasurer shall have
the custody of the RCA money and disburse RCA funds pursuant to the accounting
procedures developed in accordance with the provisions of this Agreement, the Act, and
with those procedures established by the Board. The Treasurer shall assume the duties
described in Section 6505.5 of the Government Code, namely: receive and receipt for
all money of the RCA and place in the Treasury of the Treasurer to the credit of the
RCA; be responsible upon an official bond as prescribed by the Board for the
safekeeping and disbursement of all RCA money so held; pay, when due, out of money
of the RCA so held, all sums payable, only upon warrants of the officer performing the
functions of the Controller who has been designated by the RCA or Board; verify and
report in writing on the first day of July, October, January and April of each year to the
RCA the amount of money held for the RCA, the amount of receipts since the last report,
26493.00003\1574539.4 -8- , Page 10 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and the amount paid out since the last report; and perform such other duties as are set
forth in this Agreement or specified by the Board.
B. Controller. The Finance Director of a member agency shall serve as
the Controller of the RCA. The Board pursuant to the adoption of a resolution shall
appoint the finance director of a member agency to sere as the Controller. The
Controller shall draw warrants to pay demands against the RCA when such demands
have been approved by the Board or by any other person authorized to so approve such
by this Agreement or by resolution of the Board. The Controller shall nerform ci irh
duties as are set forth in this Agreement and such other duties as are specified by the
Board.
There shall be strict accountability of all funds and reporting of al receipts
and disbursements. The Controller shall establish and maintain such procedures, funds
and accounts as may be required by sound accounting practices, the books and records
of the RCA in the possession of the Controller shall be open to inspection at all
reasonable times by representatives of the Parties.
The Controller, with the approval of the RCA, shall contract with an
independent certified public accountant or firm or certified public accountants to make an
annual audit of the accounts and records of the RCA, and a complete written report of
such audit shall be filed as public records annually, within six (6) months of the end of
the fiscal year under examination, with each of the Parties. Such annual audit and
written report shall comply with the requirements of Section 6505 of the Government
Code. The cost of the annual audit, including contracts with, or employment of such
independent certified public accountants in making an audit pursuant to this Agreement
shall be a charge against any unencumbered funds of the RCA available for such
purpose. The Board by unanimous vote, may replace the annual audit with a special
audit covering a two-year period.
Section 9. MSHCP Advisorv Committee. Within thirty (30) days after
issuance of the permits by the U.S. Fish and Wildlife Service and California Department
26493.00003\1574539.4 - -9- Page 11 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of Fish and Game for the MSHCP, the Board shall form an MSHCP Advisory Committee.
The MSHCP Advisory Committee shall consist of the Riverside County Habitat
Conservation Agency (RCHCA) Board of Directors and one representative from each
City who is not a member of the RCHCA. Within six (6) months of execution of this
Agreement, or at any time thereafter, the Board may review the RCA organizational
structure established by this Agreement to determine if it is facilitating MSHCP
implementation.
Section 10. Executive Director. The Board shall retain an Executive Director to
administer the MSHCP in compliance with the duties and responsibilities set forth in
Sections 5.0 and 6.0 of the MSHCP. As required by the MSHCP, the RCA shall initially
contract with the County of Riverside to provide an appropriate department or individual
to act as the Executive Director within thirty (30) days of the formation of the RCA. The
appropriate department or individual shall be recommended by the County's Executive
Officer and considered by the Board. It is understood by the Parties to this Agreement
that the Board may accept or reject the County Executive Officer's recommendation of
an appropriate department or individual to serve as the Executive Director. This contract
shall be for an initial term of three (3) years. At least six (6) months prior to the
expiration of this initial contract term, the Board shall review the County department's or
individual's performance as Executive Director. Based upon this review, the Board may
elect to extend the contract with the County or select an alternative entity or individual for
the Executive Director position upon expiration of the initial term.
Section 11. RESERVED
Section 12. Monitoring Program Administrator. Upon issuance of the permits
for the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish
and Game and for a period of eight (8) years thereafter, the California Department of
Fish and Game shall serve as the Monitoring Program Administrator for the MSHCP.
The Monitoring Program Administrator shall be responsible for implementing the
monitoring program contained in Section 5.0 of the MSHCP and shall perform all duties
26493.00003\1574539.4 -10- Page 12 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and responsibilities as set forth in Sections 5.0 and 6.0 of the MSHCP. Thereafter, the
Board may elect to have the Department continue acting in the capacity or shall select
an alternative individual or entity for this position if the Board determines that the
Department cannot adequately perform the duties and responsibilities of this position.
Section 13. Reserve Managers. The Board shall retain at least one Reserve
Manager to manage lands owned by the RCA within the MSHCP Conservation Area.
This Reserve Manager(s) shall report to the Executive Director and shall perform all the
duties and responsibilities set forth in Section 5.0 and Section 6.0 of the MSHCP.
Additionally, Reserve Managers managing lands owned by any Party to this Agreement
that are within the MSHCP Conservation Area shall report to the Executive Director.
Section 14. Independent Science Advisors. The Board shall retain, as
appropriate, independent science advisors who are qualified biologists and conservation
experts with expertise in species covered by the MSHCP and their habitats. Additionally,
to the extent feasible, the independent science advisors shall have experience in land
management. Independent science advisors shall be retained on an annual basis, shall
report to the Executive Director and shall comply with the duties and responsibilities set
forth in Section 6.0 of the MSHCP.
Section 15. Funding Coordination Committee. Within one hundred and
twenty (120) days after issuance of the permits by the U.S. Fish and Wildlife Service and
California Department of Fish and Game for the MSHCP, the Board shall form a Funding
Coordination Committee to provide recommendations to the Board on local funding
priorities and local MSHCP Conservation Area acquisitions. Members of this committee
shall be appointed by the Board and shall consist of, at a minimum, representatives of
the Parties to this Agreement, the U.S. Fish and Wildlife Service, and the California
Department of Fish and Game. To the extent feasible, members of the Funding
Coordination Committee shall have expertise in real estate or land use planning and/or
experience implementing large scale conservation programs.
26493.00003\1574539.4
-11-
Page 13 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22,
23
24
25
26
27
28
II The Funding Coordination Committee shall make recommendations to the Board
through the Executive Director on local land acquisitions and funding priorities.
Additionally, this Committee shall provide a forum to discuss land acquisition priorities of
the U.S. Fish and Wildlife Service and California Department of Fish and Game and
acquisitions by other entities using non-local sources of revenue. The Board shall
establish policies under which the Funding Coordination Committee shall make
recommendations to the Board. Such policies shall include conflict of interest guidelines
for the Committee members.
The Planning Directors of each Party to this Agreement shall receive prior notice
of all meetings of the Funding Coordination Committee. Such notice shall include a
meeting agenda and a list of potential acquisition sites, if applicable. The Planning
Directors or their designated representatives may participate in Committee meetings, as
appropriate.
Section 16. Reserve Management Oversight Committee. The Reserve
Management Oversight Committee (RMOC) shall be formed within sixty (60) days of the
effective date of the contract between the RCA and the County concerning the
establishment of an Executive Director. The RMOC shall be composed of, at a
minimum, one representative appointed by each of the following entities:
A. U. S. Fish and Wildlife Service,
B. California Department of Fish and Game,
C. Riverside County Regional Parks and Open Space District,
D. Bureau of Land Management,
E. U.S. Forest Service,
F. California Department of Parks and Recreation,
G. RCA, and
H. Up to five (5) other private or public agencies or entities that own or
manage land within the MSHCP Conservation Area.
26493.00003\1574539.4
-12-
Page 14 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The RMOC shall serve as the intermediary between the Reserve Managers and
the decision making function of the RCA. The Executive Director shall serve as chair of
the BMOC.
Section 17. Rules and Governing Law. This Agreement shall be construed
and enforced in accordance with the laws of the State of California. The Act, the Bond
Law, and the laws of the State of California applicable to a general law city shall govern
the RCA in the manner of exercising its powers, subject, however, to such restrictions as
are applicable to said city in the manner of exercising such powers, as required by
Government Code Section 6509. The Board, at its first meeting or as soon thereafter as
may be possible, shall adopt such rules and regulations as the Board may deem
necessary for the conduct of the RCA's affairs. Among these rules shall be a conflict of
interest code and a purchasing ordinance. The Board may, as it deems appropriate,
review and revise these rules and regulations.
Section 18. Fiscal Year. The fiscal year of the RCA shall be the period
commencing on July 1 of each year and ending on and including the following June 30.
Section 19. Contributions/Estimated Budget.
A. Contributions of Development Mitigation Fees. The Parties to this
Agreement shall impose a development mitigation fee on all new development to
support the acquisition of additional reserve lands pursuant to the MSHCP. All
development mitigation fees collected by the Parties shall be forwarded to the RCA
within ninety (90) days after receipt by each Party. The RCA may, in its discretion,
conduct an audit of the development mitigation fees collected by any Party to this
Agreement.
B. Other Contributions. The RCA may accept contributions of money or
property from the Parties or other individuals or entities including but not limited to
contributions from Parties, MSHCP Permittees and Special Participating Entities who
obtain take authorization under the MSHCP for public utility, schools, transportation,
flood control and other public infrastructure projects. Additionally, a Party may hold and
26493.00003\1574539.4
-13- Page 15 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24.
25
26
27
28
manage its own property as a contribution to implementation of the MSHCP and the
MSHCP Conservation Area. Landfill Tipping Fees and Density Bonus Fees collected by
the County may be contributed to the RCA on an annual basis subject to the discretion
of the Board of Supervisors.
C. Use of. Contributions. When approved by the Board, revenues received by
the RCA, including without limitation, fees and other contributions, shall be used to
implement the MSHCP. In addition, the RCA shall reimburse the County for any and all
litigation costs, including but not limited to attorneys fees, incurred in defense of any
legal challenge concerning the adoption of the MSHCP or any related actions as well as
any costs incurred to establish the Executive Director and any other necessary staff prior
to entering into the contract contemplated in Section 10 of this Agreement.
D. Budget. The annual budget for the RCA shall be prepared by the
Executive Director. The annual budget shall be based on an estimate of the amount of
revenue necessary to implement the MSHCP during the ensuing fiscal year and shall
consider necessary land acquisition, improvements, maintenance, management,
monitoring, administration, and operation costs during the current fiscal year as such
costs are set forth in the then current approved budget for the. RCA.
Section 20. MSHCP Reporting Requirements. In order to assist in the
preparation of the annual report required to be prepared by the RMOC and submitted to
the USFWS, CDFG, and RCA as set forth in the MSHCP and Implementing Agreement,
the Parties shall on a monthly basis provide the following information to the RCA:
A. grading permit activity including the number of the permit issued, the
location of the development site identified by assessor's parcel
number, and the amount of acreage disturbed;
B. single family home and mobile home construction activity within the
Criteria Area including the number of the grading, building, site
preparation or installation permit issued and the location of the
development site identified by assessor's parcel number;
26493.00003\1574539.4 -14- Page 16 of 26
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. development mitigation fee collection including identification by
assessor's parcel number of the project for which the fee was
collected, the amount of the fee paid, and any exemptions or credits
that may have been included in any calculation of the fee; and
D. any other information required to comply with the provisions of the
MSHCP as may be determined necessary by the Executive Director.
In addition, the County shall submit on an annual basis all information contained
in the Existing Agricultural Operations Database including the amount of new agricultural
land, if any, added to the Database as well as any documentation concerning the
expansion of agricultural operations within the Criteria Area.
Section 21. Joint Proiect/Acauisition Review Process. To ensure that the
requirements of the MSHCP and its Implementing Agreement are properly met, a joint
project/acquisition review process shall be instituted by the RCA. This process is set
forth in Section 6 of the MSHCP.
Section 22. Liabilities. Except as may be provided herein, the debts, liabilities
and obligations of the RCA shall be the debts, liabilities and obligations of the RCA
alone, and not of the Parties to this Agreement.
Section 23. Indemnification. Provided that a Party has acted in good faith and
in accordance with this Agreement, the approved MSHCP and its Implementing
Agreement and the Permits, the RCA shall defend, indemnify and hold such Party free
and harmless from any loss, liability or damage incurred or suffered by such Party by
reason of litigation arising from or as a result of any of the following: the Party's
development mitigation fee ordinance; the Party's participation in the RCA; actions taken
to approve and/or implement the MSHCP; claims of inverse condemnation or
unconstitutional takings against a Party; or any other act performed or to be performed
by the Party pursuant to this Agreement, the MSHCP, its Implementing Agreement or the
Permits; provided, however, that such indemnification or agreement to hold harmless
26493.00003\1574539.4 -15- Page 17 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
pursuant to this Section shall be recoverable only out of RCA assets and not from other
Parties.
Section 24. Notices. Notices required or permitted hereunder shall be
sufficiently given if made in writing and delivered either personally or by registered or
certified mail, postage prepaid to said respective Parties, as follows:
A. Regional Conservation Authority
Executive Director
3403 10th Street, Suite 320
Riverside, CA 92501
(951) 955-9700
(951) 955-8873 fax
B. County of Riverside
Transportation and Land Management Agency
Agency Director
4080 Lemon Street, 7th Floor
Riverside, CA 92501
(951) 955-6742
(951) 955-6879 fax
C. City of Banning
City Manager
99 E. Ramsey Street
Banning, CA 92220
(951) 922-3103
(951) 922-3128 fax
D. City of Beaumont
City Manager
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
(909) 769-8526 fax
E. City of Calimesa
City Manager
908 Park Ave
Calimesa, CA 92320
(909) 795-9801
(909) 795-4399 fax
F. City of Canyon Lake
City Manager
31516 Railroad Canyon Road
26493.00003\1574539.4 - 16 -
Page 18 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Canyon Lake, CA 92587
(951) 244-2955
(951) 246-2022 fax
G. City of Corona
City Manager
P.O. Box 940
Corona, CA 92878
(951) 736-2371
(951) 736-2493 fax
H. City of Eastvale
City Manager
6080 Hamner Avenue, Suite 103
Eastvale, CA 91752
(951) 361-0900
(951) 361-0888 fax
I. City of Hemet
City Manager
445 E. Florida Avenue South
Hemet, CA 92543
(951) 765-2300
(951) 765-3785 fax
J. City of Lake Elsinore
City Manager
130 S. Main Street
Lake Elsinore, CA 92530
(951) 674-6727 ext. 261
(951) 674-2392 fax
K. City of Menifee
City Manager
29683 New Hub Drive, Suite C
Menifee, CA 92586
(951) 672-6777
L. City of Moreno Valley
City Manager
P.O. Box 88005
Moreno Valley, CA 92553
(951) 413-3008
(951) 413-3760 fax
M. City of Murrieta
City Manager
24601 Jefferson Avenue
26493.00003\1574539.4 - 17 -
Page 19 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Murrieta, CA 92562-9755
(951) 698-1040
(951) 698-9885 fax
N. City of Norco
City Manager
2870 Clark Avenue
Norco, CA 92860
(951) 270-5611
(951) 270-5622 fax
0. City of Perris
City Manager
101 North D Street
Perris, CA 92570
(951) 657-5882
(951) 657-1087 fax
P. City of Riverside
City Manager
3900 Main Street
Riverside, CA 92522
(951) 826-5991
(951) 826-5470 fax
Q. City of San Jacinto
City Manager
595 S. San Jacinto Avenue, Building B
San Jacinto, CA 92583
(951) 487-7342
(951) 654-3728 fax
R. City of Temecula
City Manager
PO Box 9033
Temecula, CA 92589-9033
(951) 694-6440
(951) 694-6499 fax
S. City of Wildomar
City Manager
23738 Clinton Keith Road
Wildomar, CA 92595
(951) 677-7751
26493.00003\1574539.4
-18-
Page 20 of 26
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The listed addresses shall serve as the official address for any notices until such
time as any Party gives notice to all other Parties of a change in address in accordance
with the terms of this section.
Section 25. Severabili . If any section, clause or phrase of this Agreement or
the application thereof to any Party or any other person or circumstance is for any
reason held to be invalid by a court of competent jurisdiction, it shall be deemed
severable and the remainder of the Agreement or the application of such provisions to
the other party or to other persons or circumstances shall not be affected thereby.
Section 26. Other Agreements Not Prohibited: Other agreements by and
between the Parties of this Agreement or any other entity are neither prohibited nor
modified in any manner by execution of this Agreement. Furthermore, the Parties hereto
agree upon request to execute, acknowledge and deliver all additional papers and
documents necessary or desirable to carry out the intent of this Agreement.
Section 27. Other Obligations. The responsibilities and obligations of each
Party to this Agreement shall be solely as provided in this Agreement, or as may be
provided for in supplemental agreements to be executed by the Parties.
Section 28. Non-Assignability. The rights, titles and interests of any Party to
this Agreement shall not be assignable or transferable without the consent of the
governing body of each Party hereto.
Section 29. Section Headings. The section headings herein are for
convenience of the Parties only, and shall not be deemed to govern, limit, modify or in
any manner affect the scope, meaning or intent of the provisions or language of this
Agreement.
Section 30. Construction of Language. It is the intention of the Parties hereto
that if any provision of this Agreement is capable of two constructions, one of which
would render the provision void and the other of which would render the provision valid,
then the provision shall. have the meaning which renders it valid.
2649300003\1574539.4
-19- Page 21 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 31. Cooperation. The Parties recognize the necessity and hereby
agree to cooperate with each other in carrying out the purposes of this Agreement,
including cooperation in matters relating to the public, accounting, litigation, public
relations and the like.
Section 32. Future Amendments. To preserve a reasonable degree of
flexibility, many parts of this Agreement are stated in general terms. It is understood that
there may be Amendments to this Agreement which will further define the rights and
obligations of the Parties.
Section 33. Successors. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the Parties hereto.
Original JPA Approved January 27, 2004
Amendment No. 1 Approved April 29, 2007
Amendment No. 2 Approved March 11, 2008
Amendment No. 3 Approved April 7, 2009
Amendment No. 4 Approved , 2011
26493.00003\1574539.4
_20_
Page 22 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized as of the date
first above written.
Dated: COUNTY OF RIVERSIDE
Attest:
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
26493.00003\1574539.4
_21_
By:
Chairman, Board of Supervisors
CITY OF BANNING
By:
Mayor
CITY OF BEAUMONT
Mayor
CITY OF CALIMESA
Mayor
Page 23 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
26493.00003\1574539.4 _ 22 -
CITY OF CANYON LAKE
By:
Mayor
CITY OF CORONA
By:
Mayor
CITY OF EASTVALE
By:
CITY OF HEMET
By:
Mayor
CITY OF LAKE ELSINORE
By:
Mayor
Page 24 of 26
1
2
3
4
5
6
7
8.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: CITY OF MENIFEE
Attest:
By:
City Clerk Mayor
Dated: CITY OF MORENO VALLEY
Attest:
By:
City Clerk Mayor
Dated: CITY OF MURRIETA
Attest:
-23-
By:
Mayor
City Clerk
Dated:
Attest:
City Clerk
26493.00003\1574539.4
CITY OF NORCO
By:
Mayor
Page 25 of 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
26493.00003\1574539.4
-24-
CITY OF PERRIS
By:
Mayor
CITY OF RIVERSIDE
By:
Mayor
CITY OF SAN JACINTO
By:
Mayor
CITY OF TEMECULA
By:
Mayor
CITY OF WILDOMAR
Mayor
Page 26 of 26