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HomeMy WebLinkAbout04-27-2004 City Council Minutes UNSIGNEDF176_� MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27, 2004 ic:k �F �F �k 4c is a'c �kkkaF 9:9: ie it �e �': is �k do is �t 4c is �c 9ckxicx a'e ie k�F ie *�F 9c �c �F ie is is'ic aF �k is is is rc kac 9c a'c �F 4c ac :F �Y �c �ckx4c is BUSINESS ITEMS 35. Consideration of Memorandum of Understanding between the County of Riverside and the City of Lake Elsinore, concerning implementation of the Western Riverside County Multiple Species Habitat Conservation Plan; and Reconsideration of Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation Authority. (F:68.1)(X:76.4) MOVED BY SCHIFFNER, SECONDED BY KELLEY TO CONTINUE THIS ITEM FOR FURTHER DISCUSSION AT THE NEXT MEETING City Attorney Leibold indicated that at the last meeting, the City Council was updated on the status of the MSHCP and the County's response, if any. She advised that a subcommittee of Mayor Buckley and Councilman Schiffner met with County representatives a couple of weeks ago, and made some progress and agreed to proceed with a memorandum of agreement. She also advised that they agreed to provide technical assistance. She indicated that the proposal was under review by the County at this time, and staff recommended that if the MOU was concluded it would proceed on that basis with reconsideration of the JPA. She indicated that by approving the JPA in its form, as approved, the City would gain voting ability on the board. She indicated that at this point there was no MOU ready for consideration, and requested continuance. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE CONCERNING IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTISPECIES HABITAT CONSERVATION PLAN and RECONSIDERATION OF THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY As an affirmative measure towards implementation of the Western Riverside County Multiple Species Habitat Conservation Plan ( "MSHCP "), the City Council approved on January 13, 2004, the following documents: (1) CEQA Findings Resolution; (2) Implementing Agreement; (3) Implementation Resolution; and (4) Joint Powers Agreement ( "MSHCP Documents "). In order to address a number of issues raised by the City's approval of the MSHCP Documents, the City Council did not take action on the MSHCP Fee Ordinance, opting instead to visit the fee ordinance at a future date. While the CEQA Resolution and the Implementation Agreement were approved in the form submitted by the County of Riverside, several substantive revisions were made to the Implementation Resolution and the Joint Powers Agreement as approved by a 4 -to -1 vote of the City Council at the January 13, 2004 hearing. During the public hearing, several assurances were provided to the City by and through the oral testimony of County Supervisors, County staff, and resource agency representatives. Specifically, in light of the fact that the City did not yet adopt a fee ordinance for the MSHCP, county representatives stated that it would be prudent to coordinate a County response to the City's revisions to the MSHCP Documents during the interim period while the City is still addressing the MSHCP Fee Ordinance. Pursuant to City Council direction provided at its March 23, 2004 meeting, a Council subcommittee comprised of Mayor Buckley and Councilmember Schiffner together with the City Manager and City Attorney met with representatives of the County to discuss the City's issues concerning adoption and implementation of the MSHCP. As a result of that meeting, the parties have prepared a Memorandum of Understanding (MOLD. Staff Report - MSHCP Implementation Status.042104MOU /JPA 4/22/2004 [' 1 AGENDA ITEM N0. PAGE— j-0E— - -q The MOU provides for County assistance to the City and agreement by the County to work toward and advocate certain language refinements in the Joint Powers Agreement and certain policies and implementation measures in connection with the MSHHP. Specifically, the MOU provides for the following type of County assistance: 1) technical assistance with future Criteria Requirements; 2) assist the City and local property owners to (a) determine consistency of projects with the MSHCP and (b) to develop the criteria and findings necessary for the City to make a determination that the MSHCP conservation objectives within City boundaries have been met; and 3) biological, legal and technical expertise to the City in its implementation of the MSHCP and assist City Staff in the initial development of the Lake Elsinore Acquisition Process, the City equivalent of the HANS process. By nature of joint powers authority, the City's revisions to the Joint Powers Agreement (JPA) will require acknowledgment and ratification by all other participating cities and the County in order to be effective. Because the City has not approved nor authorized execution of the JPA as entered into by the other members, the City has been denied voting participation at the Western Riverside County Regional Conservation Authority (RCA) meetings. The proposed MOU provides that the County will use reasonable efforts to advocate and work with the RCA to revise the Indemnification provisions of the JPA, language regarding the make -up of the Funding Coordination Committee, and the Voting and Quorum provisions. County cooperation is also promised in clarifying what types of actions are subject to MSHCP and to establish a policy to prevent disproportionate acquisitions of habitat properties within the region. The draft MOU was prepared by the County and presented for consideration to the City Manager and City Attorney. Responsive comments were sent to the County and the parties are working together to finalize the proposed MOU which will be distributed to the City Council as soon as possible prior to the April 27, 2004 City Council meeting. Given the County's willingness to work with the City to address the City's concerns in connection with MSHCP implementation, the City Council may wish to reconsider approval of the JPA in the form submitted by the County and approved by the other members. A copy of the form JPA is attached to this Report. By authorizing execution of the JPA, the City will gain voting participation in the RCA. As a voting member, the City can advocate and support modifications to the JPA. In the event the City is unable to obtain sufficient support from JPA members to adequately address the City's objections /concems, the City retains the authority to withdraw from the JPA upon 90 days notice to the other members. In the event the City is satisfied with the response to its issues, the City may consider amending its Resolution establishing procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan to reflect modifications to the Staff Report - MSHCP Implementation Status.042104MOU /JPA 4/22/2004 2 AGENDA ITEM No. A5, Saul's/HELIX "Western Riverside County Multiple Species Habitat Conservation Plan Implementation Review" Report and specific policy issues to be addressed by the RCA. As a participating member of the RCA, the City will also notice for consideration adoption of a MSHCP Fee Ordinance. FISCAL IMPACT Uncertain. RECOMMENDATION It is recommended that the Mayor and City Council: (1) approve the proposed MOU and authorize the Mayor to execute on behalf the City; (2) in reliance on the County's agreements set forth in the MOU, approve the JPA and authorize the Mayor to execute on behalf of the City with the understanding that the City's concerns regarding MHSCP and its implementation have not been adequately addressed and that the City will continue to advocate modifications as it deems necessary and appropriate. [PREPARED BY: BARBARA LEMOLD, CITY ATTORNEY APPROVED FOR 1, CIfY • 1 Staff Report - MSHCP Implementation Status.042104MOU /JPA AGENDA ITEM AM. 35 3 PAGE--3 _OF_1 0 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Joint Powers Agreement dated this day of , 2003, is made by and between the COUNTY OF RIVERSIDE, hereinafter sometimes referred to as "County", and the Cities of BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO and TEMECULA, hereinafter sometimes referred to as "Cities ", 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 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, it is intended that the activities of the public agency formed pursuant to this C PAOE _q__oF . 2 rd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement shall be coordinated with the Western Riverside Council of Governments, hereinafter referred to as "WRCOG ". 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. Section 2. Creation of the Authoritv. Pursuant to the Act, 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. 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; AGENDA ITEM NO PAGE 5 OF El 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; 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; 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 O. To exercise all other powers common to the members not specifically mentioned above which may be necessary to carry out the purposes of this Agreement. Section 4. Term. The term of this Agreement shall commence upon approval and execution by the County and at least one of the fourteen Cities who are Parties to this Agreement and 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. AGENOA ITEM 3� pms _ (C Oar. 2j 2 EI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 Board shall be composed of five members of the Riverside County Board of Supervisors and the WRCOG Executive Committee member from each City who is signatory to this Agreement who shall serve as regular members. 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 member of a City must hold an elective office on the respective governing body appointing the regular or alternate member. 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 members 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 AGENDA ITEM NO._____ PAGE_ -7—OF 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Meetings of the RCA Board. A. Meetings. 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. All regular and special meetings shall be held, to the extent feasible, on the same dates as meetings of the Executive Committee of the WRCOG are held. 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. D. Once the lower range of estimated conservation of habitat on private lands is fulfilled within the City of Lake Elsinore (i.e., upon MSHCP acquisition of 4,830 acres of private land within the City of Lake Elsinore), habitat acquisition funds through the HANS process, imposition of the MSHCP Fee, or funding otherwise provided through the MSHCP or RCA, shall only be permitted for acreage acquisition in the City of Lake Elsinore if both of the following are fulfilled: 1) the proposed acquisition and/or funding is submitted to the Funding Coordination Committee for approval and the City of Lake Elsinore representative (or majority of representatives present) votes affirmatively to authorize AGENDA iTEM ©I 10 11 12 13 14 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RCA approval of the acquisition and/or funding, and; 2) the City of Lake Elsinore representative to the RCA votes affirmatively to approve the acquisition and/or funding. E. 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 serve 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, 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 serve 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 AGENDA ITEM ND.,_,_; PACE__9___0F 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such 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 Advisory Committee. Within thirty (30) 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 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 AGEN0A ffENI pAGrt i m 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Administrative /Personnel Services. The Board may contract with WRCOG or any other public entity to provide administrative /personnel services to the RCA. 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 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. Ag9NDA ITEM ND.__,Jj. 8 PAGE�OFj Ce 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. The Board shall not appoint more than two County representatives and shall not appoint committee members in a manner that dilutes any City representation to less than 1 /17`h of the total representation of the committee. 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. 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. Once 75% of the lower range of estimated habitat conservation has been achieved within the City of Lake Elsinore (3,623 acres), acquisition of private lands within the County and other participating jurisdictions shall be prioritized by the Funding Coordination Committee. 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: w- 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 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. 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 RMOC. Section 17. Rules and Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the County of Riverside 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, subject to any specific exception set forth in the ordinances implementing the development mitigation fees for the individual participating cities. The RCA may, in its discretion, conduct an audit of the development mitigation fees 10 AGENDA ITEM N®. 3-3 PAGE_ I �i or- -.4" 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 collected by any Party to this Agreement. Likewise, participating cities may, in their discretion, conduct an audit of the development mitigation fees forwarded to the RCA and expended by the RCA for property acquisition. 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 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. In the alternative, the RCA may contract with WRCOG to prepare an annual budget. 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 11 ACENDAITEM PACE H 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acreage disturbed; B. single family home and mobilehome 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; 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/Acquisition 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. 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 pursuant to this 12 A,6ENDA ITEM NO._„, PAGE _L — OF rd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section shall be recoverable only out of RCA assets and not from other Parties. For purposes of this Section 23, the phrase "actions taken to approve and/or implement the MSHCP include, without limitation: (a) a Party's execution of a resolution making responsible agency findings pursuant to the California Environmental Quality Act in reliance on lead agency finding made by the County of Riverside; (b) Party actions or omissions of implementation of the MSHCP that result in litigation against the Party for violations of California Planning and Zoning Law; and (c) Party withdrawal from implementation of the MSHCP in accordance with the terms of the Implementing Agreement (Section 22.0 et seq.). 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. Riverside County Conservation Authority Executive Director 4080 Lemon Street, 7t' Floor Riverside, CA 92501 B. County of Riverside Transportation and Land Management Agency Agency Director 4080 Lemon Street, 7`h Floor Riverside, CA 92501 (909) 955 -6742 (909) 955 -6879 C. City of Banning City Manager 99 E. Ramsey Street Banning, CA 92220 (909) 922 -3103 (909) 922 -3128 fax D. City of Beaumont City Manager 550 E. 6' Street Beaumont, CA 92223 (909) 769 -8520 13 AGENDA ITEM NO. C PAGE OF. 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 (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 Canyon Lake, CA 92587 (909) 244 -2955 (909) 246 -2022 fax G. City of Corona City Manager PO Box 940 Corona, CA 92878 (909) 736 -2371 (909) 736 -2493 fax H. City of Hemet City Manager 445 E. Florida Avenue South Hemet, CA 92543 (909) 765 -2300 (909) 765 -3785 fax I. City of Lake Elsinore City Manager 130 S. Main Street Lake Elsinore, CA 92530 (909) 674 -6727 ext. 261 (909) 674 -2392 fax J. City of Moreno Valley City Manager PO Box 88005 Moreno Valley, CA 92553 (909) 413 -3008 (909) 413 -3760 fax 14 AGENDA ITEM NO.-- PAGE- 17 OF I 21 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 K. City of Murrieta City Manager 26442 Beckman Court Murrieta, CA 92562 -9755 (909) 698 -1040 (909) 698 -9885 fax L. City of Norco City Manager 2870 Clark Avenue Norco, CA 92860 (909) 270 -5611 (909) 270 -5622 fax M. City of Perris City Manager 101 North D Street Perris, CA 92570 (909) 657 -5882 (909) 657 -1087 fax N. City of Riverside City Manager 3900 Main Street Riverside, CA 92522 (909) 826 -5991 (909) 826 -5470 fax O. City of San Jacinto City Manager 201 E Main Street San Jacinto, CA 92583 (909) 487 -7342 (909) 654 -3728 fax P. City of Temecula City Manager PO Box 9033 Temecula, CA 92589 -9033 (909) 694 -6440 (909) 694 -6499 fax 15 AGENDA %TENS NA. 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 25. Severabilitv. 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 I which renders it valid. 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. IV AGENDA ITEM NO. C PAGE / q OF. I 21 Section 33. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. 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:. Attest: Dated: Attest: City Clerk Dated: Attest: City Clerk Dated:_ Attest: City Clerk Dated: Attest: City Clerk COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF BANNING By: Mayor CITY OF BEAUMONT By: Mayor CITY OF CALIMESA By: Mayor CITY OF CANYON LAKE By: Mayor AGENDA KO, .. 3S..,. 17 _, PACE '2-0 OF �22 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 CITY OF CORONA Attest: By: City Clerk Mayor Dated: CITY OF HEMET Attest: By: City Clerk Mayor CITY OF LAKE ELSINORE Attest: By: City Clerk Mayor Dated: CITY OF MORENO VALLEY Attest: City Clerk Dated: Attest: By: Mayor CITY OF MURRIETA By: City Clerk Mayor Attest: CITY OF NORCO IN AGENDA PPEM NS. P rx ;;1 or 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 City Clerk Dated: Attest: City Clerk Attest: City Clerk Attest: City Clerk Dated: Attest: City Clerk G:\Propefty\KWAITSBA\rcajpa-Altemative 4.10203.doc Mayor CITY OF PERRIS By: Mayor CITY OF RIVERSIDE By: Mayor CITY OF SAN JACINTO Mayor CITY OF TEMECULA By: Mayor 19 A AGENDA MA NO. PACE OF